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
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
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
The grounds ends of this undertaking SECTION 1. Pag. 5. Sheweth When the Christian religion began first in Scotland That Palladius was the first prelate in Scotland No prelats among the Culdees How when reformation from popery began Superintendents no prelats Nationall Assemblies from the beginning of the reformation How the Tulchan Bishops came in over the Church her belly The Church wrestleth till these be put away presbyterian Government be setled in all her judicatories Anno 1592. The King thereafter incroacheth upon the privileges of the Church Prevaileth with some of the Ministers who betray the Church yeeld to Parliament-Bishops hinder the Church from enjoying her privileges liberties in her free Assemblies The faithfull Zealous are persecuted Parliaments carry on the King's designe with violence Corrupt Assemblies are convocated to further his Maj. designe to give Church power unto these Parliamentary Prelats Parliaments ratifie all The Church protesteth striveth against all this what she can The prelats being now inthroned tyrannize over oppresse the faithfull laboure to have ceremonies imposed upon the Church with force acts made in Parliament for bringing in the surplice Corner cap unto which some worthy nobles could not assent Anno 1633. Who are therefore accounted rebels traitours And Balmerino is condemned The prelats rage without all law draw up a service book book of canans c. SECT 2. Pag. 44. Sheweth How the use of the service book was hindered in Edenburgh Ministers people from all parts of the Kingdome petitioned against it The King favoureth not the petitioners They not withstanding continue in petitioning against the service book high Commission prelats c. Renew the nationall Covenant thorow the whole land The King intendeth a war An Assembly is indicted at Glasgow Nov. 21. And opened up This Assembly condemneth anulleth severall pretended Assemblies the book of common prayer the book of canons the book of consecration ordination the high commission court the ceremonies excommunicateth some deposeth all the prelats War is prepared against them They defend themselves A pacification is concluded another Assembly promised a Parliament thereafter The Assembly is opened up The Parliament is convocated but quickly adjourned Commissioners are sent to London imprisoned A new war is raised by the King Scotland prepareth for defence A new pacification The Parliament meeteth ratifieth all which the Covenanters had done Those acts are againe ratified The Parl. of Engl. beginneth a work of reformation entereth into a Covenant with Scotland the two nations joyntly proceed in the begun work of reformation A party in England strengthen themselves alter the judicatures take away the King's life Scotland bringeth home the prince who sweareth the Covenants is overcome by the Englishes in battell keeped in bondage ten yeers till the exiled King returned Anno 1660. SECT 3. Pag. 69. Sheweth Why these Ministers others who met Agust 23. 1660 were incarcerated what their supplication was And how unjustly they suffered upon that account SECT 4. Pag. 77. Sheweth What were the grounds upon which the Marquise of Argilâ—… suffered how insufficient in poynt of law from severall considerations SECT 5. Pag. 83. Sheweth What were the grounds upon which the life of precious Mr Guthry was taken how insufficient Either in law or conscience SECT 6. Pag. 86. Sheweth Upon what account other Ministers were persecuted And how unjustly Some banished for righteousnesse sake some indictâ causâ An extract of the sentence was refused to thosâ—… to all others SECT 7. Pag. 88. Sheweth The grounds why conscientious Ministers could not observe the anniversary day SECT 8. Pag. 91. Sheweth The reasons why Ministers could not observe the prelatâ—… meetings The author of the seasonable case c. Answered SECT 9. Pag. 101. Sheweth The reasons why ministers could not seek presentations from patrons nor collations from prelats The author of the seasonable case answered SECT 10. Pag. 114. Sheweth The true sense of the oath of alleagiance which was tendered Anno 1661. c. Compared with the former how it holdeth forth a great civil supremacie in the King cleared by the act 11 parl 1661. Which at least is much to be questioned from nine severall grounds And cannot lawfully be acknowledged because of ten dreadfull consequences which shall necessarily follow thereupon The former proceedings of the Church state of Scotland vindicated cleared SECT 11. Pag. 140. Sheweth The lawfulnesse of Scotlands defensive war first from the former practices of Scotland other Kingdomes King Iames King Charles confessions of adversaries next from a true clearing of the state of that war in Six Particulars which obviat all the objections of adversaries And lastly from lawyers adversaries the law of nature the law of nations the law of God sound reason SECT 12. Pag. 169. Sheweth What is the meaning of the oath of alleagiance as to its Ecclesiasticall part What way the King's supremacy over Church persons in Church causes began was carryed on in England How the same was advanced to a great height in Scotland What sense this King the late Parliament did put upon the oath of alleagianee by their Acts Actings How it were sinfull to acknowledge by taking the oath That so much Church power belongeth unto the civil Magistrate cleared by Nineteen particulars SECT 13. Pag. 200. Sheweth The groundlesnesse of Mr Stilling fleet 's notion concerning the divine right of formes of Church governement by making it appear how he overturneth his owne grounds how he misstateth the question the practice of the Apostles ground a jus divinum here Christ's institution the institution of the Apostles is for a particular species Christ's faithfulnesse in his office speaketh much for this The hazard is great in leaving the species undetermined The confession of the faith of severall Churches for a Species How he misseth his pretended end arme And how unseasonable his book is at this time uselesse so long as the league Covenant standeth in force though his notion were true in thesi SECT 14. Pag. 254. Sheweth How weak the Reasons are which plead for the taking of the oath of alleagiance by answereing Sixteen of them SECT 15. Pag. 270 Sheweth How unlawfull it is to owne acknowledge the curats foâ—… lawfull Ministers by fourteen reasons Foure objections answered SECT 16. Pag. 298. Sheweth That it is lawfull for Ministers banished from their owne flocks by a sentence of the civil Magistrate to preach in publick or private as God calleth by Eight reasons Thrâ—… objections are answered SECT 17. Pag 305. Sheweth That it is lawfull for Ministers though censured by the pretended prelate to preach as God giveth a call whether in publick or in private by Six reasons Foure objections are answered SECT 18. Pag. 310. Sheweth That it is lawfull for people to meet together for hearing honest Ministers preach publickly or privately And for other Christian duties notwithstanding of Acts made against it by severall reasons One objection answered SECT 19. Pag. 316. Sheweth How unlawfull it is to acknowledge the high commission court by compeering before it by Eleven reasons Foure or five objections are answered SECT 20. Pag. 327. Sheweth How dreadfull a sin it is to abjure the Covenant a sin aggravated by twelue particulars SECT 21. Pag. 347. Sheweth What judgements perjury hath brought on in all ages out of history sacred prophane SECT 22. Pag. 359. Sheweth The lawfulnesse binding force of the solemne league Covenant notwithstanding of all which the author of the seasonable case c. hath said against it SECT 23. Pag. 391. Sheweth The lawfulnesse of the nationall Covenant as it was sworne subscribed Anno 1638 1639 c. Notwithstanding of all which the author of the seasonable case c. Hath said to the contrary The CONCLUSION Pag. 416. Sheweth What the now afflicted Church of Scotland expecteth from strangers what use they should make of this sad dispensation c. FINIS Whence may not men destruction feare Who with deceitfull hearts do sweare This age wherein we live is void of faith For writes are signed twelue witnesses before The notar writt'th both time place what more Yet come'th a man of words who all deny'th King's words have weight great respect More then all oaths which men exact
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
reason they ought to be if he be King head of his Church He must have no more liberty to exerce his jurisdiction by the Ministery of his inferiour officers within their dominions territories then seemeth good in their eyes The discipline of his house must be exerced only in so far as they think good to permit And thus it is undeny able that they look on Christ as an evil neighbour as no good friend to Caesar They think his Kingdom is of this world therefore it must have no place within any of their Kingdomes territories Thus thou seest that in end the controversy cometh to this Whether Christ or man shall reigne in the Church as head supream Governour thereof And whether the interest of Christ or of man shall be preferred And to preferre the interest of a man unto the interest of Christ hath heretofore been accounted malignancy of the deepest dye But what shall become of this controversie how shall it end Are they or shall they be able to put our Lord from his throne out of his possession No he is set upon the holy hill Zion by a mighty hand his inheritance among the heathen is given to him by a surer deed of gift then that he should be so easily put from it He hath a rod of yron that will dash in pieces as a potters vessel all his enemies be they never so great mighty He is too strong a party for all the potèntats mighty ones of the earth therefore this which is the grand controversy of those times shall must be decided in favours of those who stand upon Christ's side maintaine his right he is a strong captaine will run thorow all the hosts of his adversaries Christ's sufferers then may rejoyce what ever affliction they are or can be put to endure for this cause which is a cause that doth highly concerne Christ the royall prerogatives of his crown Kingdome his glory as he is the only head of â—…his Church seing they may certanely expect the victory â—…re all be done And seing as famous worthy Mr 〈◊〉 in the preface to his Aaronâ—… rode blossoming sheweth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Christ is 〈◊〉 King hath a Kingdome 〈◊〉 in his Church distinct frâ—…m the Kingdoms of the world 〈◊〉 civil Governmeâ—… 〈◊〉 this commendation and 〈◊〉 â—…oue all â—…hen 〈◊〉 that Christ himself suffered 〈◊〉 the 〈◊〉 〈◊〉 and sealeâ—… it with his blood For it may be 〈◊〉 fâ—…om the 〈◊〉 of his passion that this was the only pâ—…nt of 〈◊〉 〈◊〉 was 〈◊〉 And avouched by 〈◊〉 〈◊〉 Joh. 18 33 36 37. and Luk. 23 3. was most aggravated prosecuted and driven home by the jewes Luk. 23 2. Joh. 19 v. 12 15. Was prevalent with Pilat as the cause condemning him to die Joh. 19 12 13. And was mentioned also in the superscription upon his crosse Joh 19 19. And although in reference to God and in respect of satisfaction made to divine justice for our sinnes his death was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a price of redemption yet in reference to men who did persecute accuse and condemne him his death was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a martyr's testimony sealing such a truth Thus he Christ is a good second will not suffer any who contend for his crown throne scepter privileges roy all prerogatives of his Kingdom to be put to the worse If he pleade for any cause we may be sure he will plead for his own Let not then his constant valient sufferers feare for greater is he who is with for them then they who are against them Christ alone is more then match party against all Kings princes potentats Parliaments popes prelats Kingdomes armyes Yea all the Posse of devils men Therefore they may be assured that he his cause shall be victorious For he must reigne untill all his enemies be made his foot stool 5. Thou mayest see That the truth for which thou dost suffer is a truth which is after godlinesse tending to the promoveing of piety of the power of godlinesse Whileas the contrary cause course leadeth to all prophanity debauchery as experience doth this day evidently undenyably prove this is no small ground of comfort for the way which is not of for God cannot stand You may pray against your adversaries as really wicked driveing on a designe of wickednesse which is evidently demonstrated by their acts actings Their enmity against opposition unto godly faithfull Zealous able conscientious Ministers of the Gospell unto Christian meetings exercises As also their pressing of Godly conscientious persons unto perjury blasphemy which is the height of wickednesse do put the matter beyond all doubt And is not this enough to make thy soull loath stand a loos from these wayes And to blesse God for his preserving thy soull from their counsels courses so from partaking of their judgments which doe certainly make haste For God is of purer eyes then to look upon iniquity Therefore he will not alwayes look on these that deal treacherously hold his peace when the wicked devoureth the man that is more righteous then he The Lord hath ordained them for judgment the mighty God hath established them for correction when Agâ—…silaus did hear that Tissaphâ—…rnes a captaine of Persia had broken his Covenant which he had made with him was raiseing an army to come against him he was very glade said se magnam habâ—…re gratiam Tissapherni quod perjurio suo deos homines sibs infensos reddidisset adversae vero parti propitios He thanked him heartily that by his perjury he had made both God man angry at himself favourable to him and his cause may not his people be perswaded that God iâ—… this day displeased with the Covenant breakers who are not satisfied with their own treacherous dealing perfidiousnesse but will have all others intangled in the same guilt 6. Thou mayest see that Action which is now so much branded with the vile contemptible names of treachery rebellion I mean Scotlands defending of it self against its bloody enemies cleared from all these imputations foule calumnies changes of times make many Changes in peoples judgement at this time it may be feared that many have Changed their opinion because they see the watter runing in another channell then it did formerly are now ready to condemne these noble worthies valient champions who jâ—…oparded their lives unto the death in the high places of the field have shed their blood in that cause which is a more grievous guilt then many do now apprehend But here thou seest how little cause there is for condemning that Action Yea what necessity there was laid upon Scoâ—…l to stand to their defence as they would not have betrayed the cause interest of Christ which they
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
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
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
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
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
nor dissolved formerly without their own consent lest this might be a preparative for times to come they resolved to emitt a Declaration for their exoneration caused insert it in the Registers ad futuram rei memoriam And withall they send some of their number unto his Maj. with grievances appoint others to attend his Maj. answer at Edenburgh then they dissolve having first published an Infirmation to the Estates of England concerning the present state of affairs But these Commissioners after they had endevoured to give his Maj. satisfaction in all points according to their Instructions at severall times from the 20 of Febr. unto the 23 of March 1640. were detained afterward the Lord Loudoun is put into the Toure of London other three are put under a restrant contrary to the Law of Nations A new warr is intended The Castle of Edenburgh is fortified with a hundreth strangers moe much Ammunition The Commissioners of the Parliament seeing this hearing of an army leavyed in England under the conduct of the Earle of Northumberland how the Deputy of Irland with the Nobles there in Parliament had offered a great summe of money what stir the prelats of England were making at Court what offers they were making to carry on this new warr which they so far owned as to call it Ballum Episcopale they resolve to put the land into a new posture of defence and emit a Declaration for satisfaction of their friends in England which was so satisfactory as that many of the lower House of Parliament then sitting declared that they saw no cause of a warr against Scotland therefore would grant no subsidy But this parliament is dissolved Scottish ships are intercepted their goods taken away the Seamen imprisoned miserably handled all Sea-ports closed up with Frigots the Kings army advanceth both by sea land the Castle of Edenburgh oppresseth the town killeth many with shote Now at the time appointed Jun. 11. the parliament conveeneth leavieth an army for a new Expedition in defence of the land cleareth the equity of the same in a Declaration shewing 1 how they were necessitated thereunto being not able to live without traffique justice to mantaine an army on the borders 2. That the warr was onely Defensive the King being stirred up by their adversaries to breake the Articles of Pacification to imprison their Commissioners to call Parliaments in England Irland for subsidies for the warr to take their ships imprison their sea-men to give Commission to the Governour of the Castle of Edenburgh to kill all he could when they resolved onely to defend themselves to seek a firme sure peace then to lay down armes after security had for their Religion liberties 3. That they were called by the same divine Providence by which they had been directed hitherto 4. That they looked upon none as their enemies but a Canterburian Faction made up of Atheists Papists Arminians Prelats the seducers of the King 5. That their end was not to wrong his Maj. nor to enrich themselves but Gods glory the firm peace of both nations the true honour of the King that the enemies of both Kingdomes might be punished So do they emit another paper for the satisfaction of the good people of England clearing their true Intentions And so do advance with their Army in to England take New Castle before they would advance toward York where the maine body of the Kings Army did lye they supplicat his maj at length to consider their greevances particularly to ratifie the last Parliament that the Scott in England and Irland might be set at liberty and not forced to take unlawfull oaths that the Incendiaries might be punished according to justice the Scottish ships restored and every thing removed which hindereth free commerce and tradeing between the two Nations Many of the English Nobility the City of London petition for a Parliament they and others advise his Maj. to desist from the warr At length the King is moved to thoughts of peace chooseth eight English Earles eight Lords to meet with such as Scotland should make choise of to conclude all matters of difference This Conference did begin at Rippon was concluded at Westminster the substance of which shall be mentioned presently when it shall be shown how these Acts were all ratified approved by the King himself his Parliament of Scotland Anno 1641. When the Parliament in Jun. Anno 1640 had conveened at the time appointed at the last Session all the Acts of the former Assembly 1639. are ratifyed by their 4. Act. They also ratify the Covenant the Act of Councell beformentioned thereanent do insert the said Covenant with the assemblies explication in their Registers And rescinde all Acts Statutes made in favours of the prelats as Act. 23. Anno 1597. anent their voice in Parliament Act 2. Anno 1606. anent their restitution the act 8. Anno 1607. anent the Chapter of St Andrews act 6. 1609. anent their Commissariates the 1 Act 1612. ratifying the acts of the pretended assembly at Glasgow 1610. the 1. 2. Acts Anno 1617. anent the Election of Bishops restitution of Chapters the 1. act 1621. ratifying the Articles of the pretended assembly at Perth 1618. all others whatsoever made in their favours prejudiciall to the spirituall nature jurisdiction Discipline privileges of the Kirk or of the Generall provinciall presbyteriall assemblies or kirk Sessions after the enacting of many other profitable lawes they adjourne the Parliament unto the 19. of Novemb. next then unto the 14. of January 1641. then unto the 13. of April following then unto the 25. of May then unto the 15. of July at which time the King himself was present And in this Session of Parliament the Articles of the Treaty are ratifyed enacted ordained to have in all time comeing the fullforce strength of a true persect security Act of Parliament the King for himself his successours promised in verbo principis never to come in the contrary of that Statute Sanction or any thing there in contained By this Treaty these Articles were concluded 1. That for as much as the Kings Maj. did call conveen a Parliament to beholden at Edenburgh the 2. of Inn. 1640. wherin certaine acts were made aggreed upon which acts hiâ—… Maj. for the peace good of his kingdome is pleased to publish in his own name with consent of the Estates therefore commands that the said acts bearing date the 11. of Iuny 1640 be published with the acts to be made in the next Session of the same Parliament that all the said acts have in all time coming the strength of lawes 2. That the Castle of Edenburgh other strengths of the kingdome should according to their first foundation with
was contrary to the dissent protestation of this kingdome now removed by a violent death and that by the Lords blessing there was left a righteous heire lawfull successour Charles Prince of Scotland VVales now king of Great britane france and Irland did unanimously and chearfully in recognisance and acknowledgement of his just right title and succession to the Crown proclaime and declare to all the world that he was king of great britan c. their Soveraigne Lord and king at the mercat Crosse of Edenburgh with all usuall Solemnities in like cases ordaining the same to be done in like manner in all the brughs Royall Immediatly there are Commissioners sent over to his Maj. while at the Hague in Holland when these returned without satisfaction there are againe the next year 1650 Commissioners sent to him while at Breda At length he promised to publish testify by solemne oath his approbation of the Nationall Covenant of Scotland of the solemne league Covenant And accordingly before he came a shoar in Scotland being in Shipboard at the mouth of Spey on the Lords day the 23. of Jun 1650 in presence of the Commissioners of the kingdome Church of Scotland severall others both Scots English after Sermon the Nationall Covenant the solemne league Covenant being read by the minister that preached He standing lifting up his right hand swore the same in the words following which had been determined by the Parliament by the Commissioners of the Generall assembly of the Church of Scotland in their Instructions to their Commissioners subjoyned to Both the Covenants I Charles king of Great Britaine France Irland do assure declare by my solemne oath in the presence of the Almighty God the searcher of hearts my allowance approbation of the Nationall Covenant of the solemne league Covenant above writen faithfully oblidge my self to prosecute the Ends thereof in my station calling that I for my self successours shall consent aggree to all acts of Parliament enjoyning the Nationall Covenant solemne league Covenant fully establishing presbiteriall governement the Directory of Worship confession of faith Catechismes in the kingdome of Scotland as they are approven by the Generall assembly of this kirke Parliamet of this Kingdome And that I shall give my royall assent to the acts of Parliament enjoyning the same in the rest of my Dominons And that I shall observe these in my own practise family shall never make opposition to any of these on endevour any change thereof And immediatly subscribed the same And thereafter August 16. 1650. he emitteth a Declaration from Dumfermeling wherein he expresseth much of his affection to the Covenanâ—… Covenanters dèclareth that he hath not sworne subscribed these Covenants entred into the oath of God with his people upon any sinister intention crooked designe for attaining his own ends but so far as humane weakness will permit in the truth sincerity of his heart that he is firmely resolved in the Lords strength to adhere there to to prosecute the ends thereof c. In order to which he doth in the first place professe declare that he will have no friends but the friends of the Covenant And therefore as he doeth now detest abhorre all popery Superstition Idolatry together with prelacy all errours heresy schisme profaneness resolveth not to tolerate much lesse allow any of these in any part of his Maj. Dominions but to oppose himself thereto to endeavour the extirpation thereof to the outmost of his power So doth he as a Christian exhort as a King require all such of his subjects who have stood in opposition to the Solemne League Covenant worke of Reformation upon a pretence of kingly Interest or any other pretext whatsoever to lay down their enmity against the cause people of God to cease to prefer the Interest of man to the Interest of God which hath been one of these things which hath occasioned many troubles calamities in these kingdoms being insisted in will be so far from establishing of the Kings Throne that it will prove an Idole of jealousy to provoke unto wrath him who is King of Kings Lord of Lords The king shall alwayes esteem them best servants most loyall subjects who serve him seek his greatness in a right line of subordination unto God giving unto God the things that are Gods unto Caesar the things that are Caesars resolveth not to love or countenance any who have so litle conscience piety as to follow his Interests with a prejudice to the Gospell kingdom of Jesus Christ which he looks not upon as a duety but as flattery as driving self designes under a pretence of mantaining royall authority greatness he resolveth to live die with his loyall subjects in prosecution of the ends of the Covenant He doth esteeme the service of those who first engadged in the Covenant have since that time faithfully followed the ends thereof to be duety to God loyalty to him So Jan. 1. 1651. on the day of his coronation the Nationall covenant the Solemne league covenant being read unto him he swore them in this following oath which he took in behalf of himself his successours kneeling holding up his right hand which oath with both covenants he afterward did subscribe I Charles King of Great Britane France Irland do assure declare by my solemne oath in the presence of Almighty God the searcher of hearts my allowance approbation of the Nationall Covenant of the Solemne League Covenant above writâ—…h And faithfully obleidge my self to prosecute the ends thereof in my station calling And that I for my self Successours shall consent aggree to all Acts of Parliament enjoyning the Nationall Covenant the Solemne League Covenant fully establishing Presbyteriall Governement the Directory of worship Consession of Faith Catechismes in the kingdome of Scotland as they are approven by the Generall Assemblies of this kirk Parliament of this kingdom And that I shall give my royall assent to Acts and Ordinances of Parliament passed or to be passed enjoyning the same in my other Dominions And that I shall observe these in mine own practise and family and shall never make opposition to any of those or endevour any change thereof Thus had the Church of Scotland all the security imaginable from a Prince that Prelats should never have footing againe within that kingdome that the begun worke of Reformation should be still carried on through the other Dominions But when Scotland out of conscience to their covenant had sent for the king the Sectarian party in Iuly 1650 approach their borders with an Army thereafter overcome them in battell shedeth much of their bloud leadeth many both commanders
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
And seing ther can no instance be produced out of the History of Scotland since ever it was a Kingdome that any subject noble Man or other was accused of high treason for such a cause surely this noble Mans case was unparalleled 3. Is not this strange considering what the principle of Royallists is They say that Conquest giveth a just tittle to a crown So sayeth D. Ferne Aâ—…nisaeus Maxwell in his Sacro Sancta Regum Majestas Cap. 17. And by this principle Cromwell was the lawfull supreme Governour of the Kingdome of Scotland and had just tittle right to the Crowne thereof having now conquered the same if this principle of theirs be true which is much questioned by their opposites no complyance with him could by any law in the World be treason against any Prince whatsomever for obedience unto concurrence with a lawful supreme Magistrat can be treason against no man living How then could this noble Man be challenged upon the account of treason for complyance Let all the Royalists answer this without contradicting themselves if they can 4. Is there any lawyer who can produce such a definition of treason against a Prince or a supreme Magistrat out of the civil law as will condemne the deed of this worthy noble Man make complyance with a conquerour for the good saifty of the countrey after all meanes of defence are broken lost an act of treason And since the civil law can condemne no such deed as treasonable the sentence given out against his noble Man must be without all warrand of law 5. Are there not many countreyes Kingdomes cities that have been overrun by their enemies have had their own lawfull Governours put from them so have been forced to live under the feet of strangers hath it not been usuall for them to comply with such as had the present power in their hand for their own saifty the good of the place And was it ever yet heard that such were accused condemned of â—…reason against their own lawful Governours thrust from them sore against their wills for any such complyance And is it not wonderful that this eminent noble Man should become a preparative unto all the World So then to put a close to this let an appeal be made to all Governours of Commonwealths Statesmen Lawyers Casuists Politicians Canonists Quodlibâ—…tists yea Royalists if they will speak consonantly to their own principles their answer interloquutour be had in point of law unto this question Whether or not when a land is overcome in battel once againe a thrid time a fourth time so aâ—… they are forced to lie under the feet of the conquerour and expect his mercy their own supreme Magistrat is forced to flee away for his life without all hope of returning so they left without all goverment but what they have from the conquerour when it might have been expected that he would have ruled them disposed of them jure conquestus as conquered according to his own pleasure yet he did admit such as they thought sit to choise to sit in his supreme Councel for giving their advice for regulating the affaires of that Kingdom common wealth which is now conquered subdued Can it be treason in any when chosen by the countrey to sit in these Councells advise what they think best for the good of the countrey Or can they or any of them be challenged or accused condemned as guilty of heigh treason when providence bringeth back the prince after ten yeers absence for acting so under the conquerour for the good of the land to prevent its utter ruine destruction And if the answer shall as certainly it will be negative then it is beyond all question that the sentence execution of this worthy noble Man upon this sole account shall be matter of astonishment to all that hear of it know the cause thereof Thus a great prince falleth within five dayes therafter a great prophet falleth as shall be shown in the next section SECTION V. The groundes of the suffering of Mr Iames Guthry Minister at Sterlin who was executed the first Day of Iune 1661. examined AFter the parliament is assembled Mr Iames Guthry minister at Sterlin who was one of those ministers who were incarcerated for the cause above mentioned Sect. 3. who after some weeks imprisonement in the castle of Edenburgh was carryed thence imprisoned in Dundee from thence is sent for by the parliament impannalled before them being accused of high treason He was a man who had been honoured of God to be zealous singularly faithfull in carrying on the work of reformation had carryed himself streightly under all changes revolutions because he had been such an eminent one he must live no longer for he is condemned to die most basely handled as if he had been a notorious thief oâ—… malefactor he is hanged afterward his head is stuck up upon one of the ports of the city of Edinbrugh where it abideth unto this day preaching the shamefull defection of these who dealt thus with him calling to all who goe out in at the gate of the city to remember their covenant with God for which he died a martyr But it is like many will think it behoved to be some great crime for which this eminent servant of the Lord was thus handled but what if it be no such crime yea what if it was a duty for which he was thus put to suffer Reader thou shall hear ir then thou mayest judge Some ten years before he was challenged by the King his councell for a doctrinall thesis which he had maintained spoken to in sermon because he found them incompetent judges in matters purely ecclesiasticall such as is the examination and censureing of doctrinall poynts primo instanti he did decline them upon that account This is his crime for this he is condemned as guilty of high treason this will be the more wonderfull if thou consider how as thou hast heard many worthy precious servants of christ did decline the King his councell in the dayes of King Iames such as Mr Baleanqual Mr Melvin Mr Blake Mr Welch Mr Forbes others as incompetent judges in causes meerly ecclesiasticke and yet ther was never one of them put to death It is true there was an act of Parliament Anno 1584. dischargeing such declinatures under the paine of treason but the very next year Anâ—…o 1585. King Iames himself did emit a declaration shewing that he for his pairt should never that his posterity ought never to cite summond or apprehend any paster for matters of doctrine in religion salvation heresies or true interpretation of scripture but avoucheth it to be a mater meerly ecclesiasticall altogether impertinent to his calling Which though not equivalent to an Act of parliament yet whether
called God the King lately reprinted published by his Maj. royall proclaâ—…tion for the instruction of all his subjects in their duty alleagiance for thus is that oath worded I A. B. Do truely sincerely acknowledge professe tostifie declare in my conscience before God the world that our Soveraigne Lord King Iames is lawfull and â—…ightfull King of this realme of all other his Maj. dominions countreyes that the pope neither of himself nor by any authority by the Church see of Rome or by any other meanes with any other hath any power or authority to depose the King or to dispose of any of his Maj. dominions or Kingdomes or to authorize any forraigne prince to invade or annoy him or his countreyes or to discharge any of his subjects of their alleagiance obedience to his Maj. or to give license or leave to any of them to bear armes raise tumults or to offer any violence or hurt to his Maj. royall person state or government or to any of his Maj. subjects within his Maj. dominions Also I do swear from my heart that notwithstanding any declaration or sentence of excommunication or deprivation made or granted or to be made or granted by the pope or his successours or by any authority derived or pretended to be derived from him or his see against the said King his 〈◊〉 or successours or any absolution of the saids subjects from their obedience I will beâ—… faith true alleagiance to his Maj. his aires successours him them will defend to the uttermost of my power against all conspiracies attempts whatsoever which shall be made against his or their persones their crowne dignity by â—…easone or colour of any such sentence declaration or otherwise will do my best endeavour to disclose make known unto his Maj. his aires successours all treasons or treitours or conspiracies which I shall know or hear of to be against him or any of them And I do furder swear that I do from my heart abhoâ—…e detest abjure as impious hereticall this damnable doctrine position That princes which be excommunicated or deprived by the pope may be deposed or murdered by their subjects or any other whatsomever And I do beleeve in conscience am resolved That neither the Pope nor any person what somever hath power to absolve me of this oath or any part thereof which I acknowledge by good lawfull authority to be lawfully Ministered unto me And do reâ—…unce all pardons dispensations to the contray And all these things I do planely sincerely acknowledge swear according to these expresse words by me spoken according to the plaine common sense understanding of the same words without any equivocation or mentall evasion or secret reservation whatsoever And I do make this recognition acknowledgment heartily willingly truely upon the true faith of a Christian. So help me God This is the oath of alleagiance how far it differeth from the former which was lately tendered is easily discerned These few words in the short oath only supreme governour in this Kingdome over all persones in all causes containe the main difference betwixt the two the main grounds of scruple for they hold forth two things The King's supremacy in matters civill his supremacy in matters ecclesiasticke It is true Ministers ought both to be to carry duti fully as becometh subjects to refuise nothing lawfull which is required of subjects but oathes being matters about which much tendernesse carefulnesse ought to be used it becometh Ministers to look well to this not to engadge in any oath rashly Advisement deliberation is most requisite here especially in a time when snares abound when there is good ground to suppose that the oath is tendered of purpose to be a snare to the conscience The oath as to it is substance or maine thing intended which lyeth wrapped up in those few words last cited is not as is obvious to any so clear as oaths ought to be yea the imposers themselves will not deny this but are forced to acknowledge that as it is worded in respect of that part thereof which is onely scrupled at which containeth the substance maine thing intended it is at best ambiguous generall for this cause if there were no more every Christian ought to forbear to swear the same And that because every oath must be sworne in truth in judgment in righteousnesse Ier. 4 2. but an unclear ambiguous oath cannot be sworne in truth because it hath no truth in it for what is ambiguous is not true as doctor Sanderson sayeth de jur promis oblig prael 6. § 10. a preposition of an ambiguous indefinite sense before the matter be distinguished is not a true proposition yea nor a proposition at all for a proposition as its definition cleareth should signify either a truth or a falshood without any ambiguity And therefore this proposition that the King is onely supreme governous over all persones in all causes being ambiguous till it be clared by some distinctions cannot be sworne in truth because the truth thereof cannot be known Nor can it be sworne in righteousnesse because such as swear it cannot be sure but that in taking that oath they may be wronging others wronging Parliaments which is worse wronging the Lord Iesus Christ who is King head of his Church Nor can it be sworne in judgment because its meaning cannot be known But now seing the oath in respect of its substantiall part as it is now worded is ambiguous unclear reason would require that the tenderers thereof should explaine the meaning thereof make it as clear as may be But when this is refuised what can such do who are pressed to take that oath but refuise the same partly because of its ambiguity partly because by the sense which by their other Acts Actings they who tender it do put upon it it appeareth to to be most unlawful all divines casuists do grant that an oath must be taken in his sense meaning in whose favours for whose sake faifty it is conceived who tendereth it And therefore it is not only lawfull but necessary to enquire what sense the Acts Actings of the Parliament do put upon it And as to the civill part of the oath which here is to be examined no other explication needeth to be enquired after then what they give forth in their Acts on record all which to cite here at length would be tedious The citeing of the acknowledgement of his Maj. prorogative which is a part of the 11 Act Anno 1661. where the substance of many preceeding Acts is summed up will be a sufficient evidence and here it is declared That it is an inherent privilege of the crown an undowbted part of the royall prerogative of the Kings of
deprived the Queen mother of her regency But to avoid tediousnesse let Buchanans Chronicle be perused many such like Parliaments shall be seen 2. Who was it who summoned all those Parliaments which conveened for the election of new Kings of viceroyes as that which did choose Notatus the brother not Ruther the son of Dornadilla the 4. King that which did choise Even brother to Durstus not Durstus his sonne that which made Dardan King not Corbred's son being under age that which make Teâ—…rasell brother to Conarus King and not Eâ—…hodius son to Canorus and many moeâ—… Yea Buchanan no stanger to the constitution of the scottish Kingdome sheweth in his book de jure regni apud Scotos that the Parliaments of Scotland were summoned not only without the consent of their Kings but against the same What ground was there then for condemning of this convention at this nick of time when matters were in such hazard Especially 4. Seing the very next Parliament which conveened Anno 1644. by vertue of the last act of the Parliament Anno 1641. at which the King himself was present did ratisie approve that convention upon these grounds as their 5. act beareth Considering that the Lords of his Maj. privy councell and Commissioners for conserving the articles of the treaty having according to their interests and trusts committed to them by his Maj. and Estates of Parliament used all meanes by supplications remonstrances and sending of commissioners for secureing the peace of this Kingdome and removing the unhappy diseractions betwixt his Maj. and his subjects in England in such away as might serve most for his Maj. honour and good of both kingdomes and their humble and dutifull endeavours for so good ends having proven so ineffectuall their offer of mediation and intercession being refuised by his Maj. And thereby finding the weight and difficulty of affaires and the charge lying on them to be greater then they could bear did therefore in the Moneth of May 1643. meet to gether with the commissioners for common burdens that by ioynt advice Some resolution might be taken there in and in respecâ—… of the danger imminent to the true protestant religion his Maj honour and peace of these kingdomes by the multitude of Papists and their adherents in armes in England and Irland and of many other important and publike affaires which could not admit delay and did require the advice of the representative body of the kingdome appoynted and indicted a meeting his Maj. having formerly refuised their humble desires for a Parliament Secondly there was no ground for anâ—…ulling those Parliaments mentioned in the act rescissory and act 9. 1. Because in both those acts there is no mention made of any informality which might justly either in law or conscience render these Parliaments null Only there is mention made of their acts deeds but these cannot in any manner of way annull their constitution for a Parliament may be a Parliament legally conveened though it should astablish iniquitie by a law if the ground which they have laid down in these two acts 15 9. forannulling of these Parliaments hold good indifferent men will soon see that they have anulled their own constitution declared themselves no Parliament for if their acts were compared with the acts of these Parliaments which they have annulled examined either by the rule of God's word which all Christian commonwealths Parliaments should stir their course by or by the fundamental lawes of the land they would be found more worthy to be condemned Sure succeeding ages need take no more but the ground which themselves have laid downe here whereupon to declare this Parliament null But 2. These Parliaments were all legally conveened called for the King called the Parliament 1639 sent the Earle of Traquare as his commissioner thither which was adjourned to Anno 1640. then after some time it was adjourned to Anno 1641. at this Session of Parliament the King himself was present so owned them as a lawfull Parliament being called by his command continued hither till ratifyed all their Acts among which this was one viz Act. 17. Anno 1640. That every third year once at least there should be a full free Parliament that the time place should be appoynted by his Maj. or his commissioner for the time the Estates of Parliament before the end and elâ—…sing of every Parliament According to which Act King Parliament did appoint the next Parliament to meet Iun 1644. this Parliament is continued till Ian. 1645. thence till March thence till Iuly 1645. from thence it is adjourned to November 1646. then till March 1647. at the close of this last Session of Parliament conforme to the forsaid Act 1640. They appoynted the next meeting of Parliament to be Anno 1648. This Parliament adjourned to March 1650. but with all they give power to their committy or the quorum thereof to call the Parl. sooner if they saw necessity accordingly it is convocated An. 1649. at the time appointed it meeteth An 1650. so adjourned to times convenient So that there is no informality here at all discernable If it be said that neither the King nor his commissioner was present at those Parl. so this informality annulled all Ans. 1. The want of this formality cannot be the cause of annulling these Parl. or Sessions of Parl. because they annull the very Session of Parliament 164â—… at which King Charles himself was present 2. There is no law making the presence of the King or his Commissioner essential to every Parliament far lesse to every Session of a Parliament 3. There have been many Parliaments holden in Scotland without either king or Commissioner as in the dayes of King Iames 2. Anno 1437 1438 1440. where there is no mention made of the King in the Acts as there is at the next Parliament 1443. but only of the three Estates of Parliament concluding and ordaining So Anno 1560. there is a Parliament holden at Edenburgh by the three Estates without either King or Queen an Act thereof ratified first Parliament King Iames 6. Act 2. So Anno 1567. the Parliament is keeped by the Regent the three Estates without the Queen who then did Reigne as the Acts of Parliament 1581. King Iames 6. shew for there these words are to be found in the first Act thereof And especially the Act made in the Reigne of the Queen his dearest mother in the Parliament holden at Edinburgh the 19 of April Anno 1567. 〈◊〉 Wherby it is aboundantly clear that she was then governing when this Parl. did sit yet the Parliament was keeped without her as the Acts shew So in the dayes of Queen Mary the Acts of Parl. run in the name of the Lord Governour three Estates of Parl. this Governour was not representing the Queen as her Commissioner
other reason then if he keep the conditions on which he was created emperour By the lawes themselves it is provided that the superiour Magistrat shall not infringe the right of the inferiour and if the supriour Magistrat exceed the limits of his power and command that which is wicked not onely we need not obey him but if he offer force we may resist him Upon these grounds did those worthies resolve to defend themselves by armes 2. Next they have the exemple precedent of the protestants in France who in the reigne of Francis 2. Anno 1559. being oppressed with the Guisian faction assembled themselves consulted lawyers divines concerning resisting of the king in that case it was resolved That they might lawfully oppose themselves against the governement which the house of Guise had usurped when needfull take armes to repulse their violence If the princes who in this case are borne magistrats or some one of them would undertake it being ordered by the states of the realme or by the sounder part thereof See Gen. history of France pag. 682. 683. So Anno 1614. The prince of Condee with other princes Peers dukes noblemen officers of the crown conveening at Meziers wrote to the Queen compleaning of diverse grievances wrongs sought remedy redresse by the assembly of the three estates protesting that they desired nothing but peace and the good of the realme that they would attempte nothing to the contrary unlesse by the rash resolution of their enemies who covered themselves with the cloak of state under the Queen regents authority they should be provoked to repell the injuries done unto the King state by a naturall just and necessary defence see the continuation of the life of Lewis the 13. pag. 59. c. So in the reigne of Charles 9 when all Acts of pacification were broken after many fruitlesse petitions and vaine promises they take up armes whereupon a bloody civill warre ensued when this King contrary to his oath An. 1572. caused that massacre at Paris the protestants in Languedoc Rochel other parts took up armes in their own defence So when Henry the 3 came to the crown the protestants saw a necessity of standing to their defence being assaulted they manfully defended themselves againe when the peace which was now concluded was broken by the instigation of the Catholick Leaguers The King of Navarre the Prince of Condee the Marshall of Montmorancy others resolved to defend themselves whereupon followed a sixt civill warre which ended in a new peace Anno 1580. So in the reigne of Lewis his son when the Queen mother who was then regent would give no redresse unto the protestants just grievances The prince of Condee divers others raised forces in their owne defence the duke of Rhoan other protestants did joyne with them A peace was concluded Anno 1616. but the very next year the prince of Condee is seized upon whereupon the princes meeting at Soyssons resolved to defend themselves by warre which continued Anno 1621 1622. at last a peace was concluded but it lasted not long by cardinal Richelien's meanes 3. They have in the third place the practice of the Netherlands mentioned in the Generall history of the Netherlands Lib. 9 p. 369 c. who being oppressed in bodies states by the duk of Alva the Spanyards tyranny their consciences tyrannized over by the spanish inquisition introduced of purpose to extirpat religion after serious deliberation consultation with lawyers divines learned men of all sorts did unanimously conclude to enter into a solemne covenant to defend religion lives liberties by force of armes and Anno 1572. the Prince of Orange his confederats published a protestation shewing the grounds of their riseing up in armes viz. for zeal to the countrey for the glory of God because of the inhumanities and oppressions and more then barbarous and insupportable tyranny and incroachments upon their privileges liberties and freedâ—…mes 4. They have the practice of the Waldenses in Piemont Anno 1558 1561. who being persecuted by the Lords of Trinity other Popish soveraignes assembled solemnely together to consult how they might prevent danger after long prayer calling upon God they concluded to enter into a solemne mutuall Covenant for defence of themselves their Religion did so with successe obtaining many notable victories against their persecutors See Fox Acts Mon. Vol. 2. pag. 208 209. So Anno 1571. Nov. 11. There is a league made for mutuall assistance of each other in times of persecution a copy whereof is to be seen in Mr Morland's History of Piemond pag. 252 253. 5. They have the practice of the people of Arragon mentioned by Blanca in his Comment pag. 661 652. An. 1286. in the dayes of Alphonso 3. who when there fell out a contest betwixt him the Parliament through the evill counsell of his courteours resolved to associat themselves together to raise forces it being lawfull for the common cause of liberty to contend not only with words but with armes and their suprarbiense forum or Iustitia Aragoniae which was erected of purpose to with stand the tyranny of Kings had power to resist their King with force of armes So Anno 1283. they tell Pedro 3. their King that if he would not containe himself within the Limites of the lawes they would pursue him by armes 6. They have the practice of other Spainyards as may be seen in the generall History of Spaine lib. 13 14 15. who rose in armes severall times against Pedro the I. King of Castile 7. They have the practice of the Hungarians Anno. 1608. in the dayes of Mathias for when he denyed free exercise of Religion unto the Protestants of Austria they took up armes in their own defence assembling at Horne sent a protestation unto the Estates of Hungary requireing assistance conforme to the offensive defensive League See Grimstons Imp. Hist. pag. 730. c. 8. They have the practice of the Polonians who oftintimes levied warre against their Kings as Grimstone in his Hist. Imp. Chytraeus in Chron. Sax. shew 9. They have the practice of the Danes riseing in armes against Christierne the 2. who Anno 1524. was solemnely deposed as may be seen in Chytraeus Chron. Sax. lib. 10. 10. They have the practice of the Sweds riseing up in armes against Christierne the I. for breach of his Covenant made at his coronation this was about the year 1499. See Chythraeus ubi supra 11. They have the practice of the Helvetians first three of their Cantons viz. The Suitians Vrjaus Vndervaldians Anno 1260. levied warre against their oppressing Nobles did prosecute the same twelve years Anno 1308. They joyne in Covenant to defend themselves against the House of Austria defended themselves most resolutely against the hudge armies of their adversaries upon the 16 of Nov. 1315.
obtained a great victory that same year they renewed their Covenant at Brunna in which Covenant the other Ten Cantons at severall times thereafter being oppressed by their Nobles did joyne at length by warre brought themselves into that state of liberty in which they are at this day See for all this Simlerus de Repub. Helvet 12. And lastly they have the practice of the Bohemians who in the Dayes of Wenceslaus Sigismond waged great warres under the conduct of valiant Zizca See Fox's acts monuments Vol. 1. And thereafter in the dayes of Ferdinand they resolved to fight couragiously against all their enemies how great so ever they were But in case some should be so bold as to condemne all those Acts as treacherous rebellious let it be considered 6. That some of those same practices are allowed and approved even by the Kings of Britaine for King Iames in his answer to cardinall perron justifyeth the protestants of France their taking up armes in their own defence Memorable is that speach which King Iames had in the Parliament house Anno 1609. a King sayeth he governing in a setled Kingdome â—…easeth to be a King degenerateth into a tyrant so soon as he leaveth to rule by his lawes much more when he begineth to invade his subjects persones rights liberties to set up an arbitrary power impose unlawfull taxes raise forces make warre upon his subjects whom he should protect rule in peace to pillage plunder waste spoile his Kingdom Imprison murder destroy his people in a hostile manner to capâ—…vat them to hâ—…e pleasure This is a sentence well worthy to come out of a Kings mouth to beâ—…ingraven upon the thrones of Kings princes and doth more then abundantly justify Scotland in their late defensive warre Moreover Queen Elizabeth King Iames both by the publick advice consent of their realmes did give publick aid assistance unto the protestants of France against their King to the Netherlands against the king of Spaine and to the protestants in Germany Bohemia against the Emperour entered into solemne leagues covenants with them if they had been traitours rebells that action of defence utterly unlawfull would those princes have joyned with them in this manner who can think this So did King Charles the first openly avow to aide the protestants in France at Ree Rotchell against their King who was come in armes against them the Germane Princes against the Emperour the Netherlands against the King of Spaine And entered into a solemne league with them for that end All which do aboundantly justify the Scottish defensive warres free Scotland from the aspersion of disloyalty rebellion But moreover 7. It is to be considered That King Charles I. himself hath fully freed them of all these aspersions in his publick Acts in his Parliaments declareing The Scots late taking up armes against him his Consellours in defence of their religion lawes privileges to be no treason nor rebellion them to be his true loyall subjects notwithstanding of all aspersions cast upon them by the Prelaticall Popish party because they had no evill nor disloyall intentions at all against his Maj. person crown dignity but only a care of their own preservation the redresse of these enoâ—…mities pressures grievances in Church state which threatened desolation to both See the acts of oblivion pacification Here is enough to stope the mouthes of all Calumniators to vindicate them to cleare the innocency of their cause before all the Woâ—…d And furder King Charles who now is did approve of the same in his declaration at Dumfermlâ—… which is cited Sect 2. 8. Some of their chief antagonists are forced through the clearnesse of truth to assert such things grant such particulars as will by clear undenyable consequence justify their taking up of armes resisting the armies of their King when they came against then to destroy Religion Lives Lawes Liberties Beside that all of them are forced to speak most in consequently unto their own principles by their concessions do overthrow their own grounds arguments as might easily be made to appear if to discourse at length of this subject were designed now As 1. Iohn Barclay Lib. 4. Cap. 16. he sayeth expresly That if a King will alionate and subjecte his Kingdom to another without his subjects their consent or be carryed with a hostile minde to the destruction of all his people his Kingdom is actually lost and the people may not only lawfully resist and disobey but also depose him This is more then the Scots could desire for they plead not for deposeing or dethroning of kings but only for resisting withstanding them when they carry a hostile minde against them whereof a strong army of strangers marching with armes to their borders after they were contrary to all law declared rebels is as evident a demonstration as can be are seeking the ruine destruction of their own subjects They plead only That in that case the people may are bound before God to defend themselves when their religion which ought to be dearer to them then any thing else is sought to be taken away or altered service books or masse books the like tyrannically obtruded upon them So Contra Monarch lib. 3. c. 8. He granteth that the people have right to defend themselves against great cruelty what greater cruelty could be expected by a nation from their King then to be blocked up by sea land threatened with utter ruine extiâ—…pation unlesse they would sell soull conscience all doth not this speak abundantly for the justifying of them 2. D. Fern. Part. 3. s. 5. acknowledgeth that personall defence is lawfull against the suddaine illegall assaules of the Kings messingers or of himself in so far as to ward off his blowes to held his hands and when the assault is inovitable Now if resistence be lawfull against suddaine assaults much more against premediated deliberated advised assaults If resistence of illegall assaults be lawfull then they cannot be condemned because the assaults of the King's forces were against all law reason for there is no law warranding the King or any other having a commission from him to force popery upon them by armes If resistence be lawfull against inevitable assaults then they are justified for how could they resist the assault of so many thousand armed men but with armed men Yea when he alloweth in such a case that hands may be laid upon the prince he more then justifieth them who never did intend harme to his Maj. person honour but wished sought the saifty preservation thereof by all meanes And againe when he would answere the argument taken from Elisha's resisting of the King he granteth that itis lawfull to resist the Kings cutthroats and what did Scotland more then resist his
bloody emissaries Moreover he alloweth to privat persones liberty to deny subsidies and tribute to the prince when he imployeth it to the destruction of the common wealth and is not this a clear resistance a taking of the sword out of his hand But what shall a nation do that cannot get pay holden from a plundering army of enemies so cannot get them disbanded but take up armes force then to it This is but resistence the other is resistence Majus minus non variant speciem yea it is a question if it be lawfull to deny to the King any of his tribute though it be clear enough that it is lawfull for a nation to defend themselves against the King's unjust illegall commissions The same Doct. in conscience satified Sect. 5. confesseth that Salus Populâ—… est supremâ—… Lex and if so some meanes must needs be allowed unto the people to preserve their own saiftie when it is in hazard to recover it when almost lost by the invasion tyranny of governours who instead of levelling all to that end which should be before their eyes are taking courses tending to the destruction of the people To come with an army of armed enemies against a common wealth is no sit mean to preserve that common wealth but to common sense speaketh out an intention to destroy the same therefore Scotland can not be condemned for preserving it self in such a case 3. Iohn Bodin de republ lib. 2. c. 5. granteth That if a King turntyrant he may lawfully at his subjects requâ—…est be invaded resisted condemned or slaine by a forraigne prince proveth it at large from severall exemples And if a forraigne prince may do this why may not the subjects themselves do it if they be able if the subjects may petition for this help why may they not forbear to trouble strangers if they be able to do it themselves a forraigne prince hath no more superiority nor right over their prince for that effect then they havethemselves yea not so much And elsewhere in that book viz lib. 1. c. 10 lib. 5. c. 5. he alloweth subjects to resist to depose Kings in some cases which is more then Scotland doth desire 4. Arnisaeus de author prinp c. 2 n 10. granteth that if the prince proceed extrajudicialiter without order of law by violence every private man hath power to resist much more then may the body representative of a land resist when he cometh against them with fire sword which is the most extrajudiciall acting imaginable So c. 16. n. 4. he granteth that limited princes may be resisted such an one is alwayes was the King of Scotland for they never knew an absolute prince as is clear from what hath been already said 5. So Grotius who de Iure belli paâ—…is lib. 1. c. 4. n. 1 2 3 4 5. denyeth that the warr of subjects against superiours is lawfull would prove it by the law of nature the Mosaicall law the Gospell by the practice of the primitive christians and n. 〈◊〉 denyeth this not only to private subjects but also to inferiour Magistrats all which to examine is not the work presently intended only it is worth the noticeing that even he is forced to grant many things which serve abundantly to justify the practice of Scotland for ibid. n. 7. He granteth the law of not resisting doth not binde when the danger is most weighty certaine doth prove it thus because the lawes of God in some cases admit the exception of extreme necessity as the law of the sabbath further addeth that this law about resistence hath its â—…ise from their will who did first associat themselves in a society created governours over themselves for if they were asked whether they would acknowledg these conditions that they should die rather then resist in any case they would not grant it unlesse in this case when resistence would wrong the common wealth occasion the killing of many innocents He furder proveth it from that passage which was cited out of Barclaius yea he dar not condemne any no not the lesser part of the people who rise in armes in extreme necessity far lesse would he condemne the body of a land useing this last remedie in the extremity of hazard danger furder he proveth this from David who took armed men 1. Sam. 22 2. 23 13. to resist the violence of Saul after he had learned for certanety that he was seeking his life and from the Maccabces whom as he thinketh nothing else can defend but the great imminent danger in which they were And furder n. 8. he granteth that such princes may not only be resisted but also punished by death who are not absolute And it hath been showne that the Kings of Scotland have been obnoxious unto their Parliaments yet they desire not so much as is here granted Moreover n. 10. he assenteth to Barclaius saying as hath been cited that if a King alienate his Kingdome he loseth it but furder he addeth if â—…e prince but attempt to do so and to subject it to another he may be resisted and also n. 11. he assenteth to Barclaius saying as hath been cited that the King doth lose his power when he seeketh the destruction of his subjects And againe he sayeth N. 13. If the king hath one part of the supremacy the senat another then the king may be resisted when he incroacheth upon the senat that notwithstanding that it were granted the King onely had power of war for that is to be understood onely of warre with forraigners Thus he doth abundantly justify the late defensive warre of Scotland against their prince who was incroaching upon the liberties of Parliament people These particulars seriously pondered will do much to cleare their innocency unto the world to vindicat their cause and practice from the many foule calumnies aspersions which the Dâ—…gs of the generation did cast upon them of purpose to foment the discord betwixt the king his faithfull loyall subjects And though by what is said conceded by their adversaries the clearnesse equity of their cause appeareth both in poynt of law conscience yet for furder clearing of the same these few following particulars may have some weight 1. There is great difference to be put betwixt actuall disobeying of rebelling against violently with force of armes resisting the lawfull Magistrat doing his duty commanding just things warranded by the lawes of God the land And disobeying his unjust Acts resisting his violent tyrannicall oppressing plundering spoiling killing armies The former is a resisting of the very ordinance of God forbidden Rom. 13. where the Apostle is speaking of the civill Magistrat doing his duty in his place as God's deputy exerceing the duties of his calling executing his office But in the other case the Magistrat is out of his function
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
which the tenderers thereof do put upon it must be searched sought for out of their acts for though it could have been wished both reason religion would have required it that after the example of Abraham they had made the oath as plaine easie as might be so that the sense meaning of it had been obvious to all or had annexed such a glosse meaneing as the words in ordinary construction would bear tender Christians might saifly assent unto yet there was no such thing done yea not being desired to do it would they do it yea nor would they suffer any to enquire at them in what sense they would have the oath taken yea which is more they made an act dischargeing all to offer any sense of the oath under the paine of treason So that there is no way now left to finde out the meaning of the oath as to this part but by their acts actings which when considered together with some other things usefull in this bussinesse will help to cleare the true sense thereof Three things then must be spoken to 1. The rise progresse of this bussinesse which is imported by this part of the oath viz the Kings supremacy over persons ecclesiastick in ecclesiastick causes in England 2. The rise progresse of it in Scotland 3. Some acts deeds of the King Parliament who now tender it As to the first of these It is notour enough what King Henry the Eight did when upon some privat discontents he shook off the Pop's supremacy Anno 1530. for having caught the Clergy in a Premunire for countenanceing some way or other the Pop's legat he would not be satisfied with their payment of 100000. lib unlesse also they would acknowledge him for the supreme head of the Church on earth which after some debate in their Synod both in the upper lower house of convocation was condescended to in forme as followeth cujus c. of which Church viz the Church of England we recognosce his Maj. to be the singular protectour the only supreme Lord so far as Christ's lawes will permitt the supreme head This was subscribed unto by all put into their publicke acts or instruments presented to the King afterward Parl. 24. c. 12. upon this ground it was statuted ordained that all ecclesiasticall suites controversies should be determined within the Kingdom all appeals to Rome were prohibited and Parl. 25. c. 20. The manner of electing of Archbishops Bishops was altered that power given granted to the King and upon this same foundation Parl. 26. c. 1. it was declared that the King is supreme head of the Church of England that he should have all honours preheminences which were annexed unto that title after this there followed another act c. 3. for Tenths first fruits as appertaineing to that head-shipe supreme authority Hence also Anno 1532. The convocation submitting unto the King's Maj. promiseth in verbo sacerdotis That they would never from thence forth presume to attempt allaidge clame or put in ure enact promulge or execute any new canons constitutions ordinances provinciall or others or by whatsoever name they shall be called in the convocation unlesse the Kings most royall assent may to them be had to make promulge execute the same that his Maj. do give his most royall assent authority in that behalfe Which deed of theirs the Parliament did shortly thereafter ratifie in these termes That none of the said clergy from thence forth should presume to allaidge clame or put in ure any constitutions or ordinances provinciall or synodall or any other canons nor should enact promulge or execute any such canons constitutions or ordinances by whatsoever name or names they may be called in their convocations in time coming which alwayes shall be assembled by the Kings write unlesse the same clergy may have the kings most royall assent license to make promulge execute such canons constitutions ordinances provinicall synodall upon paine of evry one of the said clergy doing the contrary to this act thereof convicted to suffer imprisonment and make fine at the king's will 25. Parl. c. 19. So Parl. 35. c. 1. There was another oath devised ratified which was to be imposed upon the subject for the more clear asserting of the King's supremacy By these Particulars any may see that Peter Martyr had good ground to say as he doth on 1. Sam. 8. That King Henry took all that power to himself which the Pope challenged atque hoâ—… fortasse est quod Rex Angliae voluit se secundum Christum appellari caput ecclesiae putavit enim campâ—…testatem quam sibi Papa usur paverat suamesse in reguo suo ad se pertinere i. e he would there fore be called head of the Church next under Christ because he thought that all that power which the Pope did usurpe did belong to him within his own dominions and he had good ground to say that it was a proud title which gave much offence unto the godly Nor was it without reason that judicious Calvin did inveigh so much against that title in his commentary on Amos 7. saying qui juitio tantopere etc. i e. They who at the first did so much extoll Henry king of England were no doubt inconsider as men they gave unto him the supreme power over all and this did alwayes wound me They were blasphemous when they called him supreme head of the Church under Christ. So that Peter Heylyn must not be beleeved when he telleth the world in his discourse of the reformation of the Church of England pag. 13. That thâ—…se statuts which concerne the kings supremacy are not introductory of any new right that was not in the crown before but only declaratory of an old againe pag. 48. 49. That when the supremacy was recognized by the Clergy in their convocation to king Henry 8. It was only the restoreing of him to his propper and originall power invaded by the popes of these later ages for that title of supreme head not only seemed to have some what in it of an innovation as himself is forced to acknowledge in the following words but really had an innovation in it of no small consequence as shall appeare But this title of supreme head gave offence both at home abroad therefore Queen Elizabeth did change it into this of supreme governour over all persons as well in all causes ecclesiastick as civill in these tearms it was keeped is to this day But all this change did not much help the matter for many were offended even there at and what wonder seing it seemed to attribute to her Maj. no lesse spirituall jurisdiction power then what the former oath did importe Whereupon the Queen in the first year of her reigne after the Parliament had condescended on the forementioned oath published an
admonition in her injunctions of purpose to explaine interpret the sense meaning thereof gave it this sense That nothing was is or shall be meant or intended by the same oath to have any other duty alleagiance or bond required by the same then was acknowledged to be due to the most noble kings of famous memory King Henry 8. her Maj. father King Edward 6. her Maj. brother That her Maj. neither doth nor ever will challenge any other authority then that which was challenged lately used by the saids noble kings which is and was of ancient time due to the imperiall crowne of this realme That is under God to have the soveraignity rule over all manner of persones borne within these realmes dominions countreyes of what estate either ecclesiasticall or temporall soever they be so as no other forraigne power shall or ought to have any superiority over them And this was confirmed by Parliament 5. Eliz. cap. 1. But neither did this remove the offence for still the oath did import more then soveraignity over all persones even over all causes also and it was certaine that King Henry 8. did both challenge use more power then that therefore the convocation of the clergy meeting Anno 1562. took notice of the offence saw a necessity of declareing another sense for the satisfaction of all this they did Artic. 37. declaring signifying That there was no authority in sacred matters contained under that title but that only prerogative which had been given alwayes to all Godly princes in holy scriptures by God himself viz That they should rule all Estates and degrees committed to their charge by God whether they be Ecclesiasticall or temporall and to resâ—…raine with the civil sword the stbbâ—…rn and evildoâ—…rs as also to exclude thereby the Bishop of Rome from having any jurisdiction in the realme of England this Article was assented unto by the Parliament 13. of Eliz. c. 12. is insert in the statute book But under favour any may see that this covering was not sufficient to hide the deformites of that oath as worded for all the jurisdiction of the Bishop of Rome was hereby excluded now the Bish. of Rome's power was more then civil for it was ecclesiastick also the oath gave unto the Queen that which was taken away from the Pope more over supreme governour in causes ecclesiastick importeth more then this explication doth And therefore it had been much better if no more had been intended then this explication saifly taken doth hold forth to have changed the words of the oath made them more conformable to the glosse for every one who readeth seeth this sense will not be able to discerne an harmony betwixt them the oath as worded holding forth more then the glosse hence it was that for all this glosse the English divines were put to much trouble to defend themselves when sorely pressed with the words of the oath they seemed to be at some losse disadvantage were constrained to run from the words of the oath unto the glosse which is a sufficient proof that if no more be intended by the oath then what is held forth in the glosse giveÌ„ the oath ought to be otherwayes worded hence also it is that all the followers of Erastus to this day do look upon the Church of Engl. as wholly of their judgment this puteth such divines as write against Erastianisme to great paines to search out the meaning of the English divines to answere that objection certanely these divines would have wished that the oath had been otherwise worded So that adversaries might have had lesse ground to boast of the Church of Englands being of their judgment Yea Triglandius in dissâ—…rt de Civil Eccles. pot Waveth the English divines in this poynt fearing possibly that he should not be able to extricate himself out of the thicket of difficulties which he might see before him therefore sayeth Cap. 8. Pag. 154 155. Controversiam Anglorum i. 〈◊〉 We owne not the controversie of the Englishes with Papists upon this subject aâ—… owrs for we are not of the judgment of Papists nor are we necessitated to defend our judgment by the judgment of the English divines And again in his Amapologia Pag. 726. Col. 2. Quamvis non diâ—…eamur c. Though we cannot deny but they i. e. the Englishes in respect of the usurped hierarchie there and the King's power over it have extended the King's supremacy furder then it ought to have been And Apollonius in his Ius Majestatis Part. 1. Pag. 11. telleth us that Some reformed divines in the heat of disput against the Papists out of hatred to the Roman hierarchy did turne a little out of the right way that they spoke according to the lawes of that Kingdome common-wealth in which they lived This especially is to be noted in those divines who wrote of the King's supremacy in the Kingdome of England The learned have seen the writtings of Lancelot Tooker Burchill Thomson and Salcobrig c. And the writtings of their adversaries who debated with them concerning the King's supremacy all who are not slaves in their judgments unto the great ones of the World may see clearly that there are failings on both hands And againe out of Didoclave Pag. 43. he telleth us That albeit they did blote out the metaphoricall title of the head of the Church lest it should give offence put in its place the Supreme Governour Yet the sense was the same for Henry of Salisburry sayeth That the King of England is the primat of the Church of England that he is a mixed person having both Ecclesiastick temporal Jurisdiction that in a supreme way proveth from the statute I. Eliz that the jurisdict Eccl. which was or might have been exercised by any spirituall or Church power for visiting the Ecclesiastick state order for reforming bringing into order punishing Churchmen all sort of errors schismes abuses offences enormities within the Kingdome is for ever annexed unto the Crown So that it is too too apparent that severall of the English divines run a furder length give a larger exposition of the supremacy So dangerous a thing is it to admit of oaths which must have strained glosses commentaries for clearing of them which the words will not in a faire construction bear moreover if any consult the later actings of King Parliament there in England they shall see a far other sense put upon it such as plead for the present change of Church government there walk much upon this supremacy particularly the author of the grand case asketh how any man who hath taken or is willing to take that oath can speak against the King's power of setting up what forme of Church government he pleaseth in the Church which whether it may not make Englishmen of a truely tender conscience
Kingdomes in Scotland that Christ was a King the Church his Kingdome that he himself was a subject unto Christ a member of his Church neither head nor King thereof that the spirituall office bearers to whom he had committed the government of his Church had power warrant to conveen But the King went on told the Ministers thereafter That there should be no agreement betwixt him them untill the marches of their jurisdiction were rid that they might not speak in pulpit of the affaires of the Estate or Councell that no Generall Assembly should meet without his special command that Church judicatures should meddle with fornication luch like scandalls but not with causes whereupon his lawes do strick shortly thereafter Mr Blake was summoned did decline his declinature was owned by severall hundereds of Ministers when King Iames saw this he laboured to ensnare the Ministery therefore invented the bond which was mentioned Sect. 1. Pag. 27. whereby any may see what was intended designed But when he is in possession of the crown of England then the poor Church findeth his hand heavier then formerly for Anno 1606. Six Ministers were convicted of treason condemned for declineing the councell as an incompetent judge in matters ecclesiastick all by vertue of the Act of Parl. 1584. And the Parliament which did meet that yeer 1606. to make all sure did acknowledge his Maj. soveraigne authority princely power royall perogative privilege of his crown over all Estates persons and causes whatsoever and ratifieth approveth and perpetually confirmeth the same at absolutely amply and freely in all respects and considerations as ever his 〈◊〉 or any of his royall progenitoure Kings of Scotland in any time by gone possessed used and exercised Thus was the copestone of this supremacy put on againe And at that pretended assembly at Glasgow Aâ—…no 1610. it was acknowledged that The indiction of the Generall Assembly did appertaine unto his Maj. by the prerogative of his royall crown And it was ordained that the oath which is set down before pag. 37. be sworne by all ministers at their ordination the Parliament which conveened Anno 1612. ratified all this And finally Anno 1633. in the 1 Parl. of King Charles Act 3. that Act which was made Anno 1606. was againe ratified this conclusion was drawne from it that he hath power to prescribe what apparell he thinketh fit for Kirk men which was done of purpose for this end that his Maj. might with greater facility get the use of the surplice by Ministers established by law and practised And now by all this any may see what is the nature of that supremacy which the higher powers have been all alongs grasping after which the faithfull servants of Christ have been withstanding according to their power But in the last place the sense meaning of this late Parliament which did tender the oath must be sought out of their acts actings out of some commissions granted by his Maj. thereby it shall be seen what ground there was of scrupling at the oath how the feares of such as did then scruple at the oath were not groundlesse seing the after actings of king Parliaâ—… have abundantly confirmed the apprehentions which such had of their giving to the King of his taking more power in Church matters then themselves would then acknowledge or confesse did belong to him Now for clearing what power was then is now assumed by given to the King in Church matters these particulars may be noticed 1. When these Six or Seven Ministers who were cited before the Parliament had offored a sense in which they would willingly have taken the oath they could not be heard though they granted unto him in their sâ—…nse offered as much power in Church matters as the word of God the confessions of faith both of the Church of Scotland of other reformed Churches did allow for they did grant that his soveraignity did retch ecclesiastik causes objectively though in its own nature it was alwayes civill extrinsick But this did not satisfie therefore it was evident enough that they did intend some other thing by that oath then every one could well see 2. In the 4. Act of their first session it is made a part of the Kings prerogative That none of his heighnesse subjects of whatsoever quality state or function presume to convocat conveen or assemble themselves for holding of councells to treat consult determine in any matter of state civil or ecclesiastick except in ordinary judgments without his Maj. speciall command of expresse license had obtained thereto under the paines c. By which it is apparent that they will have no Church judicatories without his command or license otherwise his prerogative is violated so it is a piece of his perogative supremacy to have all these assemblies depending â—…o upon him as civill meetings do that is that they shall be null without his expresse consent and command for this part of the act is in every word conforme relative to that black act Anno 1584. viz act 3. parl 8. King Iam. 6 by which all Church judicatories which had been set up conforme to the second book of discipline viz sessions presbyteries synods were discharged 3. In the 16 Act of the first session concerning religion and Church government they say That as to the government of the Church his Maj. will make it his care to setle secure the same in such a frame as shall be most agreeable to the word of God most suiteable to monarchicall governement most complying with the publicke peace quyet of the Kingdome in the meane time his Maj. with advice consent foresaid doth allow the present administration by sessions presbyteries Synods So that by this act it is clear that they think that there is no particular forme of Church government sâ—…t down in the word 2. That every nation is left at liberty in this to choose what forme they will as most suitâ—…ing to civil government complying with the people temper 3. That he is judge of what forme of government is most agreeable to the word of God 4. That this governement must be some other government then that which is by Sessions Presbyteries and Synods which is but allowed in the interim 4. There is a commission or act from his Maj. for a Nationall Synod ratified by Parliament in their second Session which is worth the noticeing the Act is thus worded For as much as the ordering disposall of the externall government of the Churh the nomination of the persones by whose advice matters relating to the famine are to be setled doth belong to his Maj. as an inherent right of the Crown by vertue of his prerogative Royall supreme authority in causes Ecclesiastick And in prosecution of this trust his Maj. considering how
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
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
a privilege of the crown to the hazard of life all shall any Christian accounte such things as are reall privileges of the crown of Christ frivolous And not worth the hazarding of any thing for The asserting of Christ to be head King of his Kingdom which is distinct from all other Kingdoms upon earth that he alone hath power to rule this his Kingdom with his own lawes by his own officers And that none may rob him of his crowne scepter or of any part or pendicle thereof seem to be no small matters Who will condemne the generation of the righteous who like valiant souldiours have stood for the defence of their master's prerogatives would not give their consent unto the spoiling of his crown no not in the least even when condemned to death therefore banished out of the land of their nativity The words of famous Mr Welsch in his letter to the Lady fleeming from his prison at Blacknesse Ian. 1606. Are worthy to be noticed keeped on record What am I sayeth he that he should first have called me then constituted me a minister of glad things of the Gospell of salvation these fiftine yeers already and now last of all to be a sufferer for his cause and Kingdom to witnesse that good confession that Iesus Christ is the King of saints that his Church is a most free Kingdom yea as free as any Kingdome under heaven not only to convocate hold and keep her meetings conventions and assemblies But also to judge of all her affaires in all her meetings and conventions among his members and subjects These two poynts 1. That Christ is tho head of his Church 2. That she is free in her governement from all other jurisdiction except Christ's are the speciall cause of our imprisonment being now convict as traitors for maintaining thereof We have been waiting with joyfulnesse to give the last testimonie of our blood in confirmation thereof If it would please our God to be so favourable as to honoure us with that dignity Obj. 10. Howbeit the matter as set forth by you seem considerable yet as comprehended in the oath it seemeth very inconsiderable Were these things expresly affirmed there were some colour of reason for refuseing to acknowledge the same but seing they are only your inferences groundlesse feares there is lesse reason to refuse the oath Ans. It is no new thing for sufferers to be blamed as faulty This is certaine every one may see it that the temptation is stronger for taking then for refuseing of the oath there being much more outward worldly advantage to be had by taking then by refuseing of it and therefore such should be Christianly sympathized with seing the matter they stand upon is not tâ—…ial the bussinesse they contend for is concerning the due bounds marches of the Kingdome of Christ concerning the just extent of the privileges of his crown if they be mistaken it is in this they are mistaken They desire not to rob the civil Mag. of his due but when they apprehend that there is an in croachment made by him upon the privileges of Christ as King head of his Church no tender Christian will blame them for standing upon their ground to be willing for the interest of their Lord master to lose their liberties yea their lives too But. 2. It is sufficiently manifested already that neither these inferences nor their feares were groundlesse so that it were superfluous to adde any more here for cleareing of the same Obj. 11. But the Parliament or Councell would give liberty to persones to explaine themselves to expresse what their meaning of the oath was in what sense they would take it Why was not this favour accepted might they not have taken it in their owne sense seing no doubt that would have been a saife sense Ans. 1. Some indeed reporte that this favour courtesy was conferred on them in private and therefore they had no scruple to take the oath but all had not this in their offer 2. Others as wise judicious would have looked upon such an offer as no savour or courtesie at all indeed it deserveth not the name of a favour to give liberty to any to mock God others themselves Such a liberty could be nothing else but a snare to the conscience For by words to put a glosse upon a written or printed oath which in strick construction it will not bear then sweare it subscribe to it is to mock the most high who will not be mocked To subscribe an oath in terminis as it is offered set down in write or print after it is mentally or verbally glossed is to stumble the truely godly to harden the wicked in the age present to mock posterity who shall see the oath in terminis subscribed but neither see nor hear of the glosse which as a salvo was cast in yea it is to deceive themselves by intangleing themselves into the bonde of a sinfull oath with faire speaches plausible apprehensions or rather dreames But. 3. Why would they not suffer such as they required to take the oath to set down their sense in plaine tearmes before their subscription And why would they not rest satisfied with that which the Six or Seven forementioned ministers did Sure if it had been tendered upon any other account then as a snare to the conscience this would have been granted but it is true the taking of the oath after that manner would not have served their purpose so well as now it will when subscribed as set down in terminis liâ—…ra scripta manet dolus versatur in generalibus 4. Who ever would have fuller satisfaction to this objection let him consult Doct Sanders de jur prom oblig prael 6. § 10. whose words shall be here translated set downe atlength because so full satisfactory dico sayeth he speaking to the same case c. i. e. I say that it may be suspected that there is some deceit â—…rking therefore every pious prudent man should refuse such an oath offered under such termes 1. Because in the oath it self truth is required but a proposition having an indefinit and ambiguous sense before there be a distinction used for clearing is no true proposition yea it is not a proposition at all for a proposition as children know by it's dâ—…ition should signifie either truth or falshood without ambiguity 2. Because of him who tendereth the oath for the proper end of an oath is that he in whose favours it is taken should have some certainty of that whereof he doubted before but there can no certanty be had out of words which have no certaine sense 3. Because of him who sweareth who if he take such an oath on these termes either stumbleth his neighbour or else spreadeth a net for his own feet For to what else should such
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
cause sorrow of heart to such as will break Covenant againe v. 25 he sayes I will send a sword that shall avenge the quarrell of my Covenant Yea perjury occasioned the ruine destruction of the Kingdome of Iudah for Zedekah the last King thereof was perjured therefore was pursued by God sold into the hands of the Caldeans So did it occasion the ruine of the Kingdom of Israel for Hoshea the last King of that state was a Covenant breaker also 2. King 17 3 4. He became a servant to Salmaneser King of Assiria gave him presents yet thereafter he dealt falsly for the King of Aâ—…ria found a conspiracy in him he his people in the ninth yeer of his reigne were carryed away to Assyria so both those Kingdomes of Israel Iudah were ruined brought to an end by the perjurie of these two last Kings So likewise the rites used at making of Covenants mentioned in scripture as the passing betwixt the parts of the cutted calfe Ier. 34 18. Gen. 15 17. say that they wished so looked for the like dissection to the breaker of the Covenant As thus it is seen out of the scriptures of truth how certanely sore judgments have followed will follow that sin of perfidie So Prophane histories abound with instances of God's pursueing this sin with sad fearfull judgments And Florus sayeth Lib. 51 52. That perfidie occasioned the destruction of the famous citie of Carthage which did strive with Rome it self in poynt of grandour as also that it occasioned the destruction of Corinth of Thebas of Chalcâ—…s three famous cities of Greece Hanniball was notoriously persidious as Liv. sayeth Lib. 39. he gote a meeting For though he had fled to prusiae for his life sheltered himself in a house having seven entries some of them under the ground yet he could not escape but seeing himself ready to be taken he drank the poyson which he had prepared so ended his dayes So is it reported of Virius Campanus the senator Twenty seven others who having broken Covenant did expect no pardon therefore killed themselves Liv. in his 29 30 book sheweth how Syphax King of Numidia through perfidy lost both his Kingdom his life after he had made a league with the Romans he Covenanteth with the Carthaginians their enemies being seduced by the affection of Sophonisba daughter to Asdrubal so went with them to battell against Scipio being taken prisoner by Scipio he confessed he had done madly in waging warre against the Romans had broken Covenant by this meanes his Kingdom came under the power of the Romans So Liv. sheweth lib. 21 Carthaginians were overcome by the Romans after they had basely broken Covenant which Asdrubal in their name made with the Romans had been observed all his dayes And of this victory obtained by the Romans Haâ—…no 〈◊〉 Carthaginian hath these expressions Mox Carthaginem â—…um sidebunt Romanae legiones ducibus iisdem dlis per quos priore bells rupta foedera sunt ulti vicerunt â—…rgo dii hominesque id de quo verbis Ambigebatur uter populus foedus rupisseâ—… eventus belli velut 〈◊〉 judex unde jus stabaâ—… â—…i victoriam dedit i. e. The Roman legions shall besiege Carthage having the same Gods to be their leaders who in the laâ—…t warre did avenge a brocken Covenant Gods men did overcome the event of the war as a just judge giving victory to them who had the best right did decide the controversie viz. which of the parties had broken Covenant before Herodotus relateth a storie of one Cydias an inne keeper with whom one Archetimus left some gold to keep till he had returned from doing some businesse When Archetimus required his money againe he denyed that he had it at length the matter is referred to his oath a day is appoynted for that end against which day Cydias prepareth a hollow staffe wherein he putteth all the gold feigneing himself to be sick he taketh the staffe in his hand cometh to the Church where he was to sweare when he cometh thither he giveth Archetimus the staff to hold untill he had given his oath And when he did sweare that he had given backe all the gold which he gote to keâ—…p Archetimus was so offended that he did cast the staffe to the ground in his anger with such force as that thereby it broke in two the gold appeared the deceite of Cydias was discovered Now what came of this Cydias Malum vitae exiâ—…um habuisse dicitur sayeth our Author It was reported he made an ill end The same Herodotus Lib. 6. relateth another storie of one Glaucus in Sparta with whom Milesius left some considerable summe of money when after Milesius's death his Children came to seek the money he denyed that he had any money after they went from him he went consulted the oracle at Delphos there had this oracle as our author rendereth the words of Pythias Ast juramenti sine nomine â—…ilius idem Et manibus p. dibusque carens subito advenit usque Dum omneâ—… corripiat perdens prolemque domumque Oaths have an issue without name Which hath no hands of feet is lame Yet it with force speed doth poste Roots house offspring from their coast Glaucus hearing this gave againe the money yet shortly thereafter he all his familie was utterly extinct And therefore juvenall 〈◊〉 Saâ—…ir 13. closeth this historie thus Has patitur poenas peccandi sola volunt as Nam scelus intra se â—…citum qui cogitat ullum Facti crimen habet Thus was he plagued who never did commit The fact only his will was bent to it For who contriveth evil secretly He of the fact is guilty really Memorable is thehistorie of the persidious dealing which Iohn Husse did meet with as it it recorded by Sleidan in his comment Fol. 43. Edit 1559. who in October An. 1414. Was called by Sigismund unto the Councell at Constance having the publick faith engadged for his securitie or a saife conduct granted to him within three weeks after he came thither was made prisoner with which Sigismund was offended it being done in his absence But being informed how there was no faith to be keeped unto hereticks he not only misregarded the petitions of the Bohemians requesting him to keep his promise but also condemned the said Iohn Husse to be burnt his ashes to be scattered on the river of Rhine Thus did that Emperour make shipewrack of his good name who in another case said facilius rerum quam famae jacturam subibo i. e. I shall lose all before I lose my credite And moreover there was a canon made that no promise should be keeped unto hereticks or to such as were suspected of heresie notwithstanding that the Emperour should engadge his publick faith for their saiftie when called
Covenant And presbyterian Government was no way secured it not being once named but wrapped up in generall under the reformation in doctrine worship discipline Government unto which independents separatists might assent purposeing to preserve the same against the common enemy yea even such as entered into the Covenant could not agree in its sense as may be seen in the Parliament of England's baffling the Scottish Commissioner's declaration Anno 1647. other papers Ans. 1. To say that the Covenant was purposely framed in generall termes that severall parties might be fast united against prelacy is a base slanderous imputation But suteth him well who pleadeth for such a cause If the Covenant for the most part be thus conceived in generall ambiguous termes how cometh it to passe that he produceth not instances thereof no not so much as one Was it not as cleare as the sun shineth at noon day that the reformed government of the Church of Scotland at that time was presbyteriall And did not himself say a little before that at that time there was no such officers in the Church of Scotl. as are mentioned in the second article of the league Covenant And whereas he sayeth that severall sects did lurk under the lap thereof doth â—…he think this a cogent argument to prove it's ambiguity What sect is it which doth not plead scripture Shall scripture therefore be accounted ambiguous 〈◊〉 No not at all Let men of corrupt mindes principles wrest words in the Covenant as they please the Covenant to any who shall reade it is plaine clear enough he who will wink may wander at noon day let men imagine put what glosses they will on scripture It is plaine hath but one sense But what will all this make to the businesse Will the obligation of a Covenant in which some men think there lyeth some ambiguities be loosed upon that account This must be proved ere it be received off his hand as a truth neither he nor any of his party hath hit hertill attempted any such thing Lastly is there any ambiguity in the second article Yet sayeth he were it not better to lay aside when now it is disclamed by Kiâ—…g Parliament all persons of trust in the land a human for me which in respect of the composure of it is apt to be hath been is like to be a seminary of variety of parties worse evills then prelacy is imagined to be When he hath made it to appear that this composure is apt of its own nature to be such a seminary of worse evills then prelacy his advice may be taken to consideration but till then which will be ad Calendas gracas he must excuse the Covenanters for neither King nor Parliament though they had the pope with them can give a dispensation in a matter of an oath And King Parliament with all the persones of trust will have enough to do to hold the broad roll the curse off themselves their houses their posterity to keep themselves out of his hands Who will be a swift witnesse against false swearers though they undertake not to protect others from the wrath vengeance of God The last particular which he exaggerateth is the limited or conditionall preservation of the King's Maj. person authority viz. in the preservation defence of the true religion c. He enquireth whether this was right or not And if difference in religion loose a people from their duty to the King To which a short reply will suffice 1. Though it were granted that there were some thing wrong here this will not ground the non-obligation of the Covenant in other particulars what hath he gained then 2. What ever wrong may be in wording this article thus The blame is not be laid upon the first authors of this league Covenant For in the nationall Covenant which was subscribed at first by King Iames his houshold Anno 1580. And in obedience to an act of Councell together with an Act of the Generall Assembly by persons of all rankes Anno 1581. And againe subscribed by all sorts of persons Anno 1590. 1591. The Covenanters duety towards the King is so qualified in these words We protest promise with our hearts under the same oath hand write paines that we shall defend his person authority with our gear bodyes lives in the defence of Christ's evangell liberties of our contrey ministration of justice punishment of iniquity against all enemies within thâ—… realme or without So that if he annull the leagué Covenant upon this account he must much more annull the nationall Covenant whereof King Iames was the author For in that there is more addâ—…d to the qualification of their duty to the King viz. his minisiration of justice and punishment of juiquity So then this clause in the league being consonant unto that in the nationall Covenant needeth not be so much quarrelled at 3. It is like he is displeased with any such qualification but his reason is not very forceable viz. because it would insinuat that they were no otherwayes bound to defend him for it will only insinuat that the Covenanters are to preferre that which is of greater moment unto that which is of lesser concernment that they are to preferre the end unto the mean leading to the end That is when the King is in direct opposition unto the cause work of God it becometh them to preferre the interest of Christ before man's not to help the mighty against the Lord but the Lord against the mighty And when defending promoveing or any way advanceing the authority of the King shall directly tend to the ruine of the interest of Christ religion no Christian is bound to concurre And this was granted even by the Parliament Anno 1648. So that the question betwixt the Parliament the Church at that time was not whether religion the interests of Christ should be preferred to the interest of the King or not But whether the Engadgement which was then carryed on was not a preferring of Man's interests to Christ's for as to the thesâ—…s or major proposition it was granted by the Parliament viz. That Christ's interest should be sought before man's the King's interests only in a subordination to Christ's Thus they did professe openly their owneing of the Covenant their resolution to prosecute the ends of the covenant to seek to secure establish the King's interests only in subordination to the interests of Christ for in their letter to the presbyteries Printed in their records May. 11. They shew that they were resolved to proceed for the preservation defence of religion before all other worldly interests whatsoever to carry on sincerely really constantly the Covenant all the ends of it And againe in their answer to the supplications from Synods presbyteries Iun. 10. insert likewise in their
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