change the whole Ecclesiastical pollicy of a Common-wealth to alter the Doctrine and Religion established to take away the legall rights and privileges of the Subjects to erect new tribunalls and courts of Justice to which Sovereigns themselves must submit and all this of their own heads â—…ue of a pretended power given them from heaven contrary to kâ—…own laws and lawfull customs the Supreme Magistrate dissenting disclaiming Synods ought to be called by the supreme Magistrate if he be a Christian c. And either by himself or by such as he shall please to choose for that purpose he ought to preside over them This power the Emperours of old did challenge over General Councels Christian Monarchs in the blindnesse of Popery over National Synods the Kings of England over their great Councels of old and their Convocation of later times The Estates of the united Provinces in the Synod of Dort this power neither Roman Catholick or Protestant in France dare denie to his King None have been more punctual in this case then the State of Geneva where it is expressely provided that no Synod or Presbytery shall alter the Ecclesiastical pollicy or adde any thing to it without the consent of the civil Magistrate Their elders do not challenge an uncontrolable power as the Commissioners of Christ but ate still called the Commissioners of the Signiory The lesser Councel names them with the advise of the Ministery their consent is not necessary The great Councel of 200 doth approve them or reject them At the end of the year they are presented to the Signiory who continue them or discharge them as they see cause At their admission they take an oath to keâ—…p the Ecclesiastical Ordinances of the civil Magistâ—…ate The finall determination of doctrinal differences in Religion after conference of and with the Ecclesiasticks is referred to the Magistrate The proclamations published with the sound of trumpet registered in the same book do plainly shew that the ordering of all Ecclesiastical affairs is assumed by the Signiory But in Scotland all things are quite contrarie the civil Magistrate hath no more to doe with the placing or displacing of Ecclesiastical Elders than he hath in the Electoral Colledge about the Election of an Emperor The King hath no more legislative Power in Ecclesiastical causes than a Cobler that is a single Vote in case he be chosen an Elder other wiâ—…e none at all In Scotland Ecclesiastical persons make repeal alter their Sanctions eyery day without consent of King or Councel King Jonâ—…s proclaimed a Parliament to be held at Edenburgh and a little before by his letter required the Assembly to abstain from making any Innovatioâ—…s in the Policy of the Church and from prejudging the decisions of the States by their conclusions and to suffer all things to continue in the condition they were until the approcâ—…ing Parliamâ—…nt What did they hereupon They neglected the Kings letter by their own Authority they determined all things positively questioned the Arch-Bishop of St. Andrews upon their own Canons For collating to benefices and Voting in Parliament according to the undoubted Laws of the Land Yea to that degâ—…ee of sawcines they arrived and into that contempt they reduced Sovereign power that twenty Presbyters no more at the highest sometimes but thirteen sometimes but seven or eight dared to hold and maintain a General Assembly as they miscalled it after it was discharged by the King against his Authority an Insolence which never any Parliament durst yet attempt By their own Authority long before there was any Statute made to that purpose they abolished all the Festivals of the Church even those which were observed in memory of the Birth Circumcision Resurrection and Ascension of our Saviour By their own Authority they decreed the abolition of Bishops requiring them to resign their offices as not having any calling from Gods word under pain of Excommunication And to desist from preacbing until they had a new admission from the General Assembly And to compleat their own folly added further that they would dispose of their possessions as the Churches Patrimony in the next Assembly which ridiculous Ordinance was maintained stifly by the succeeding Synods notwithstanding the Statute that it should be Treason to impugn the Authority of the three Estates or to procure the innovation or diminution of any of them Which was made on purpose to control their vain presumption Notwithstanding that themselves had formerly approved and as much as in them lay established Superintendents to endure for term of life with their numbers bounds salaries larger than those of other Ministers indewed with Episcopal power to plant Churches ordain Ministers assign Stipends preside in Synods direct the censures of the Church without whom there was no Excommunication The world is much mistaken concerning Episcopacie in Scotland for though the King and Parliament were compelled by the clamours and impetuous violence of the Presbyters to annex the temporalities of Bishops to the crown yet the Function it self was never taken away in Scotland from their first conversion to Christianity until these unhappy troubles And these very temporalities were restored by the Act of restitution and their full power was first established Synodically and afterwards confirmed by the three Estates of the Kingdom in Parliament By their own Authority when they saw they could not prevail with all their iterated indeavours and attempts to have their book of discipline ratified they obtruded it upon the Church themselves ordaining that all those who had born or did then bear any office in the Church should subscribe it under pain of Excommuication By their own Authority or rather by the like unwarrantable boldnesse they adopted themselves to be heirs of the Prelates and other dignities and orders of the Church suppressed by their tumultuous violence and decreed that all tythes rents lands oblations yea whatsoever had been given in former times or should be given in future times to the service of God was the patrimonie of the Church and ought to be collected and distributed by the Deasons as the Word of God appoints That to convert any of this to their particular or profane use of any person is detestable Sacriledge before God And elsewhere Gentle-men Barons Earls Lords and others must be content to live upon their just rents and suffer the Kirk to be restored to her libertie What this libertie is follows in the same place all things given in hospitalitie all rents pertaining to Priests Chanteries Colledges Chappelries Frieries of all orders the Sisters of the Seens all which ought to be retained still in the use of the Kiâ—…k Give them but leave to take their breath and expect the rest The whole revenues of the temporalities of Bishops Deans and Arch-Deans lands and all rents pertaining to Cathedrall Kirks Then supposing an objection that the Possessours had Leases and Estates
dayes did sue for aid and assistance from the Crown and Kingdom of England they did not go about to obtrude their owne Discipline upon them but left them free to choose for themselves The grounds which follow are demonstrative First no man can dispose that by vow or otherwise either to God or man which is the right of a third person without his consent Neither can theâ—…nferiour oblige himselfe to the prejudice of his Superiour contrary to his duty without his Superiours allowance God accepts no such pretences to seem obsequious to him out of the undoubted right of another person Now the power of Armes and the defence of the Lawes and protection of the Subjects by those Armes is by the Law of England clearly invested in the Crowne And where the King is bound in conscience to protect the Subject is bound in conscience to assist Therefore every English Subject owes his Armes and his Obedience to his King and cannot dispose them as a free gift of his owne nor by any act of his whatsoever diminish his Soveraignes right over him but in those things wherein by Law he owes subjection to his Prince he remaineth still obliged notwithstanding any Vow or Covenant to the contrary especially when the subject and scope of the Covenant is against the known Lawes of the Realm So as without all manner of doubt no Divine or Learned Casuist in the world dissenting This Covenant is either void in it selfe or at least voided by his Majesties Proclamation prohibiting the takirg of it and nullifying its obligation Secondly It is confessed by all men that that an Oath ought not to be the bond of iniquity nor doth oblige a man to be a transgressour The golden rule is in malis promissis rescinde fidem in turpi voto muta decretum To observe a wicked engagement doubles the sinne Nothing can be the matter of a Vow or Covenant which is evidently unlawfull But it is evidently unlawfull for a Subject or Subjects to alter the Lawes established by force without the concurrence and against the commands of the Supreme Legislator for the introduction of a forraign Discipline This is the very matter and subject of the Covenant Subjects vow to God and swear one to another to change the Lawes of the Realm to abolish the Discipline of the Church and the Liturgy lawfully established by the Sword which was never committed to their hands by God or man without the King against the King which no man can deny in earnest to be plain rebellion And it is yet the worse that it is to the main prejudice of a third order of the Kingdom the taking away whose rights without their consents without making them satisfaction cannot be justified in point of conscience Yea though it were for the greater convenience of the Kingdom as is most falsely pretended And is harder measure then the Abbots and Friers received from Henry the eight or then either Christians or Turkes do offer to their conquered enemies Lastly a supervenient oath or covenant either with God or man cannot take away the obligation of a just oath precedent But such is the Covenant a subsequent oath inconsistent with and destructive to a precedent oath that is the oath of Supremacy which all the Church men throughout the Kingdome all the Parliament men at their admission to the house all persons of quality throughout England have taken The former oath acknowledgeth the King to be the onely supreame hâ—…ad that is civill head to see that every man do his duty in his calling and Governour of the Church of England The second oath or covenant to set up the Presbyterian Government as it is in Scotland denieth all this virtually makes it a politicall papacy acknowledgeth no governours but onely the Presbyters The former oath gives the King the supream power over all persons in all causes The second oath gives him a power over all persons as they are subjects but none at all in Ecclesiasticall causes This they make to be sacriledge By all whiâ—…h it is most apparent that this Covenant was neither free nor deliberate nor valide nor lawfull nor consistent with our former oathes but insorced dâ—…ceitfull invalide impious rebellious and contradictory to our former ingagements and consequently obligeth no man to performance but all men to repentance For the greater certainty whereof I appeâ—…le upon this stating of the case to all the learned Casuists and Divines in Europe touching the point of common right And that this is the true state of the case I appeal to our adversaries themselves No man that hath any spark of ingenuity will denie it No English-man who hath any tolerable degree of judgement or knowledge in the laws of his countrey can denie it but at the same instant his conscience must give him the lie They who plead for this rebellion dare not put it to a triall at law they doe not ground their defence upon the lawes But either upon their own groundlesse jealousies and fears of the Kings intention to introduce Popery to subvert the lawes and to enslave the people This is to run into a certain crime for fear of an uncertain They who intend to pick quarrels know how to feign suspicions Or they ground it upon the successe of their arms or upon the Soveraigne right of the people over all lawes and Magistrates whose Representatives they create themselves whilest the poor people sigh in corners and dare not say their soul is their own lamenting their former folly to have contributed so much to their own undoing Or lastly upon Religion the cause of God the worst plea of all the rest to make God accessary to their treasons murthers covetousnesse ambition Christ did never authorise Subjects to plant Christian Religion much lesse their own fanâ—…ticall dreams or fantasticall deviles in the blood of their Soveraigne and fellow subjects Speak out is it lawfull for Subjects to take up arms against their Prince meerly for Religion or is it not lawfull It ye say it is not lawfull ye condemn your selves for your Covenant testifieth to the world that ye have taken up arms meerly to alter Religion and that ye bear no Allegiance to your King but onely in order to Religion that is in plain terms to your own humours and conceits If ye say it is lawfull ye justifie the Independents in England for supplanting your selves ye justifie the Anabaptists in Germany Iohn of Leyden and his câ—…ue Ye break down the banks of Order and make way for an inundation of blood and confusion in all Countreys Ye render your selves justly odious to all Christian Magistrates when they see that they owe their safety not to your good wills but to your weaknesse that ye want sufficient strength to cut their throats This is fine doctrine for Europe wherein there is scarce that King or State which hath not Subjects of different opinions and communions in Religion Or lastly if ye say it is lawfull for
only the Presbyters it gives the King power over all persons as subjects but none at all in Ecclesiastick causes Ans. Is there in all this reasoning any thing sound First what article of the covenant beares the setting up of the Presbyterian government in England as it is in Scotland II. If the oath of supremacy import no more then what the Warners expresse words are here that the King is a civil head to see every man doe his duty in his calling let him be assured that no Presbyterian in Scotland was ever contrary to that supremacy III. That the Presbytery is a papacy and that a politicall one the Warner knowes it ought not to be graunted upon his bare word IV. That in Scotland no other governors are acknowledged then Presbyters himselfe contradicts in the very nixt words where he tells that the Scots Presbytery ascribes to the King a power over all persons as subjects V. That any Presbyterian in Scotland makes it sacriledge to give the King any power at all in any Ecclesiastick cause it is a senselesse untruth The Warners arguments are not more idle and weake then his triumphing upon them is insolent for he concludes from these wise and strong demonstrations that the poor covenant is apparently deceitfull unvalide impious rebellious and what not yea that all the learned divines in Europe wil conclude it so that all the covenanters themselfes who have any ingenuity must grant this much and that no knowing English man can deny it but his owne conscience will give him the ly Ans. If the Warner with any seriousnesse hath weighed this part of his owne write and if his mind goe along with his pen I may without great presumption pronounce his judgment to be none of the most solide His following vapours being full of aire we let them evanish only while he mentioneth our charging the King with intentions of changing the Religion and government we answer that we have been most willing alwayes to ascribe to the King good intentions but withall we have long avowed that the praelaticall party have gone beyond intentions to manifest by printed declarations and publick actions their former designe to bring Tiranny upon the States and popery upon the Churches of all the three Kingdomes and that this very write of the Warners makes it evident that this same minde yet remaines within them without the least shew of repentance So long as the conscience of the court is mannaged by men of such principles it is not possible to free the hearts of the most understanding from a great deale of Jealousy and feare to have Religion and lawes still overturned by that factione But the Warner commands us to speake to his Dilemma whither we think it lawfull or unlawfull for subjects to take armes against their prince meerly for Religion We answer that the reasons whereby he thinks to conclude against us on both sides are very poor if we shall say it is unlawfull then he makes us to condemne our selfes because our covenant testifies to the world that we have taken up armes meerly to alter Religion and that we beare no alleadgance to our King but in order to Religion which in plaine tearmes is to our owne humours and conceits Ans. There be many untruthes here in few words first how much reality and truth the Warner and some of his fellowes beleeves to be in that thing which they call Religion their owne heart knowes but it can be no great charity in him to make the Religion of all covenanters to be nothing but their owne humours and conceits Secondly it is not true that Covenanters beare no alleadgance to the King but only in order to religion III. The Parliament of England denied that they took up armes against their King though to defend themselves against the popish praelaticall and malignant faction who were about to destroy them with armes IV. They have declared that their purpose was not at all to alter Religion but to purge it from the corruptions of Bishops and ceremonies that to long had been noxious unto them V. They have oft professed that their armes were taken for the defence of their just liberties whereof the preservation and reformation of Religion was but one The other horne of his Dilemma is as blunt in pushing as the former If we make it lawfull saith he to take up armes for Religion we then justify the independents and Anabaptists wee make way for any that will plant what ever they apprehend to be true Religion by force and to cut the throat of all Magistrats who are in a contrary opinion to them that it is a ridiculous partiality for any to priviledge their own Religion as truth and Gospell Ans. Whether will these men goe at last the strength of this reason is blak atheisme that their is no realty of truth in any Religion that no man may be permitted to take his Religion for any thing more but his owne apprehension which without ridiculous folly he must not praeferre to any other mans apprehension of a contrary Religion this is much worse then the pagane Scepticisme which turned all reality of truth into a meer apprehension of truth wherein their was no certainty at all this not only turnes the most certaine truths even these divine ones of Religion into meer uncertaine conceptions but which is worse it wil have the most orthodoxe beleever so to think speake and act as if the opinions of Independents Anabaptists Turks Jews Pagans or grosse Atheists were as good true and solide as the beleefe of Moyses or Paul were of the truths revealed to them from heaven Secondly we say that subjects defence of their Religion and liberties established by Law against the violent usurpation of Papists Praelats or Malignants is not the planting of Religion by arms much lesse is it the cutting of the throats of al Magistrats who differ in any point of Religion III. In the judgement of the praelaticall party the defensive armes of the Protestants in France Holland and Germany must be al 's much condemned as the offensive armes of the Anabaptists in Munster or of the sectaries this day in England Can these men dreame that the World for their pleasure will so farre divest themselves of all Religion and reason as to take from their hands so brutish and Atheisticall maximes He concluds with a wish of a generall counsel at least of all protestant Churches for to condemne all broatchers of seditious principles Ans. All true covenanters goe before him in that desire being confident that he and his fellowes as they have declined al ready the most solemne assemblies of their owne countries upon assurance of their condemnation so their tergiversation would be al 's great if they were to answer to an oecumenick Synod What I pray would the Warner say in a counsel of protestants for the practise of his party pointed at in his last words I meane their
onelie of the other title supreme head and accept his explication of it which yeilding you in your contracted sense that might securetie afford him more capital priviledges without encroachment upon Christ or his Holie Curch supreme Governer takes in what your Presbyterie will never grant him all power imperative Legislative judicial coactive all but functional imediate and proper to the ordination or office of the Minister which for ought J know if he finde an internal call 〈◊〉 a supposition drawing neare a possibilitie then likelihood and assurance to have a double portion of Gods gracious power and assistance in both administrations he not onelie may but must exercise as did Moses and Melchisedech saving that without a divine institution in this spiritual function his supremacie exempts him not from submitting his head under the hands of holie Church and taking our Saviours commission with the benediction from her month That Scotish Presbyterie is a Papacie the Bishop requires not to be granted upon his word but to be taken before Publike notaries upon your owne the political part whereof consists in the civile primacie which at least by reduction you very considentlie assume The Bishops contradiction which is searce so much as verbal will be easilie reconciled by the words of the oath which he reflects on and his argument good against you untill without reserves limitations or distinctions you simplie acknowledge the King supreme over all persons in all causes which would be a contradiction to this clause in your booke of Discipline The poâ—…er Ecclesiastical stoweth immediatelie from God and the Mediatour Iesus Christ and is spiritual not having a temporal head in the earth but onelie Christ the onelie spiritual King and Governer of his Kirke Lasthe No Presbâ—…terian is there in Scotland but counts it sacriledge to give the King what belongeth unto the Church And whatsoeu'rit is they quit in Ecclesiastike causes is not unto the King but to King and Parliament and the power in both when it informes an Act or statute call'd but accessorie by the Aderdene Assemblers and that we may no longer doubt whom they account supreme dutie and subjection from the Prime which though spoken by them but of their meeting must be meant of all causes consultable in their Synods and is as sensibie a truth as words without ambiguitie can render it Our of all which hath been sayd it must necessarilie follow that your Covenant hath all the good qualities computed which needs no arithmetical proofe by weight or measure the praemises over being coextended with and counterpoiz'd by the conclusion What you rathlie if not praesumtuouslie pronounce of the Bishops judgement doth but vilisie your owne Qui citò deliberant sacile pronunâ—…iant Had you brought a judgement to the contrarie of any learned Casuist to whom his Lordship appeales or any Divine of note in Europe which he calls for your answer had been somewhat more serious and solide But here your oracles of learning are all silent We sinde it not avowed by your especial brethren of Holland and France by no approbatorie suftrages of Leyden and â—…trecht…Omnium flagitiosorum aâ—…que facinorosorum circum se tanquant stipatorum catevâ—… habet A guard is hath but a blake one such as Catilines league and how can it have beter wherein is sworne a conspiracie as bad The Bishops following vapours meeting with no suneshine of law or reason to dissipate them will not so vanish upon a litle blast of your breath but that they 'll returne in showers of confusion upon your head Your secret will to asteribe good intentions to the King hath by some of your packe been very straâ—…gelie revealed in their expressions touching Kings whoss very nature they have declared originallie antipathetical to Christ. This Didoclave avowes as planilie as he can And when objected by His Grace of Saint Andrewes with your proverbial yet mystical appendix of their obligation to the Creatuor not to Christ the Redecmer for their crownes is so slovenlie answered by Philadelphs Vindicatour as any man may reade your good wil in his words measure the sense of your Synods by his lines your good opiniâ—…n of the intentions of K. Charles 1. Beside what you imputed to his Praelates may be guested by what sometimes in print you have assiribâ—… unto his person An unworthie fellow your Countrey man that comes runing in hast with the message of your good meaning in his mouth sayth His infamous Barbarous intentions were executed by â—…eathing his sword in the bowels of his people And this not onctic himselve not impeding conniving at and giving full Commission for in Scotland and Ireland but in England looking upon with much delight while it was done And that so faire were negotiations and treaties from retracting him that it was in publike declared he sayth not byany Praelatical partie that he would never defist from this enterprise of persecuting Church and Commonwealthso long as he had power to pursue it Concerning the good intentions of Charles the second beside what jealousies you expresse by the scrupulous conditions in your proclaemation your Haghe papers are instancies of your willing asseriptions which call his answer strange whereby the distance is made greater then before and farre lesse offered for religion the Covenant and the lawes and liberties of your Kingdome then was by his Royal Father even at that time when the difference between him and you was greatest…So that it will constraine you in such an extremitie to doe what is incumbent to you I have allreadie told you the usual consequences of that cursed word and what good intentions you are in hand with when you utter it Tyrannie and poperie are twinnes engendred between your jealousie malice to which Independencâ—…e is more likelie to be the midwife then Praelacie and if by that hand they get deliverie at last will besure to pay Presbytesie their dutie when they can speake The painted declarations caries beter sense to them that rightlie understand them which I am sure is not prajudicâ—…d by any paraphrase of the Bishops Though agere pocniuntiam Be good councel where well placed ' yet egisse non paniundum requires it not If the conâ—…ience of the Court continue to be managed by the principles of the Prâ—…lates the hearts of the mist understanding shall if they will be satisfied withall moral and siducial assurance to have that Religion praeserved which shall by reason and authoritie aswell divine as humane in every particular justifie it selse against all right or left handed sects and factions guiltie of superstition or prosanâ—…sse those lawes observed which appeare now to have constituted the most indifferent mnoâ—…uous government in the world Whereas if the conscience of the Court be deluded once into Presbyters hands it will need none of our angrie wishes to be made sensible of the change when to be sure it must take religion like a desperate patient from a sullen physician
they answer That those who made them were theeves murtherers had no power so to alienate the common Good of the Kirk They desire that all such Estates may be anulled and avoided that all Collectours appointed by the King or others may be discharged from intermedling therewith and the Deacons permitted to collect the same yea to that height of madnesse were they come as to define and determin in their Assembly judge whether it be not a modest constitution for a Synod That the next Parliament the Church should be fully restored to its Patrimony and that nothing should be past in Parliament until that was first considered and approved Let all Estates take notice of theâ—…e pretensions and designs If their project have not yet taken effect it is onely becauâ—…e they wanted sufficient strength hitherto to accomplish it Lastly by their own Authority under the specious title of Jesus Christ King of kings and Lord of lords the onely Monarch of his Churcâ—… and under pretence of his Prerogative Royal they erected their own Courts and Presbyteries in the most parts of Scotland long before they were legally approved or received as appeareth by their own Act alledging that many suites had been made to the Magistrate for approbation of the Policy of the Kirk which had not taken that happy effect which good men would crave And by another act acknowledging that Presbytertes were then established Synodically in most parts of the Kingdom And lastly by the Act of another General Assembly at Edenburg ordaining that the Discipline contained in the acts of the General Assembly should be kept as well in Angus and Mernis as in the rest of the Kingdom You see sufficiently in point of practice how the Disciplinarians have trampled upon the Laws and justled the civil Magistrate out of his Supremacy in Ecclesiastical affairs My next task shall be to shew that this proceeds not from Inanimadvertence or Passion but from their Doctrine and Principles First they teach that no persons Magistrates nor others have power to Vote in their Synods but onely Eccl siâ—…tical Secondly they teach that Ecclesiastical persons have the sole power of convening and convocating such Assemblies All Ecclesiastical assemblies have power to convene lawfully together for treating of things concerning the Kirk They have power to appoint times and places Again National Assemblies of this Countrey ought alwayes to be retained in their own liberties with power to the Kirk to appoint times places Thus they make it a Liberty that is a Priviledge of the Church a part of its Patrimony not onely to convene but to convocate whomsoever whensoever wheresoever Thirdly for point of Power they teach that Synods have the judgement of true false Religion of Doctrine Heresies c. the election admission suspension deprivation of Ministers the determination of all things that pertain to the Discipline of the Church The judgement of Ecclesiastical matters causes beneficiary matrimonial and others Jurisdiction to proceed to excommunication against those that rob the Church of its patrimony They have legislative Power to make rules and constitutions for keeping good order in the Kirk They have power to abrogate and abolish all Statutes and Ordinances concerning Ecclesiastical matters that are found noisom and unprofitable and agree not with the time or are abused by the people And all this without any reclamation or appellation to any Jâ—…dge Civil or Ecclesiastical Fourthly they teach that they have these priviledges not from the Magistrate or People or particular Laws of any other Countrey The Magistâ—…ate can not execute the censares of the Church nor prescribe any rule how it should be done but Ecclesiastical power floweth immediatly from God from the Mediatour Jesus Christ And yet further The Church cannot be governed by others than those Ministers and Stewards set over it by Christ nor otherwise than by his Laws And therefore there is no power in earth that can challenge to it self a Command or Dominion upon the Church And again It is prohibited by the Law of God and of Christ for tho Christian Magistrate to invade the Government of the Church and consequently to challenge to himself the right of both Swords spiritual and temporal And if any Magistrate do arrogate so much to himself the Church shall have cause to complain and exclaim that the Pope is changed but the Papacy remains So if Kings and Magistrates stand in their way they are Political Popes as well as Bishops are Ecclesiastical Whatsoever these men do is in the Name of our Lord Jesus and by Authority delegated from him alone Lastly they teach that they have all this Power not onely without the Magistrate but against the Magistrate that is although he dissent send out his prohibitions to the contrary Parliamentary ratifications can no way alter Church canons concerning the worship of God For Ecclesiastical Discipline ought to be exercised whether it be ratified by the civil Magistrate or not The want of a civil Sanction to the Church is but like Lucrum cessans non damnum emergens As it addes nothing to it so it takes nothing away from it If there be any clashing of Jurisdictions or defect in this kind they lay the fault at the Magistrates door It is a great sin or wickednesse for the Magistrate to hinder the exercise or execution of Ecclesiastical Discipline Now we have seen the pernicious practices of their Synods with the Doctrines from which they flow it remains to dispel umbrages wherewith they seek to hide the uglinesse of their proceedings principles from the eyes of the world We say they do give the Christian Magistrate a political Power to convocate Synods to preside in Synods to ratifie the Acts of Synods to reform the Church We make him the keeper of both tables Take nothing and hold it fast here are good words but they signifie nothing Trust me whatsoever the Disciplinarians do give to the Magistrate it is alwayes with a saving of their own stakes not giving for his advantage but their own For they teach that this power of the Christian Magistrate is not private and destructive to the power of the Church but cumulative and onely auxiliary or assisting Besides the power which they call abusively authoritative but is indeed ministerial of executing their decrees contributing to their setlement they ascribe to the Magistrate concerning the Acts of Synods that which every private man hath a judgement of discretion but they retain to themselves the judgement of Jurisdiction And if he judge not as they would have him but suspend out of conscience the influence of his political power where they would have him exercise it they will either teach him another point of Popery that is an implicite faith or he may perchance feel the weight of their Church censures and find quickly what manner of men they be as our late gracious King Charls
and before him his Father his Grandmother his great Grandmother did all to their cost Then in plain English what is this political Power to call Synods to preside in Synods and to ratifie Synods which these good men give to the Magistrate and magnifie so much I shall tell the truth It is a duty which the Magistrate ows to the Kirk when they think necessary to have a Synod convocated to strengthen their summous by a civil Sanction to secure them in comming to the Synod returning from the Synod to provide them good accommodation to protect them from dangers to defend their Rights and Priviledges To compel obstinate persons by civil Laws and punishments to submit to their censures and decrees What gets the Magistrate by all this to himself He may put it all in his eye and see never a whit the worse For they declare expresly that neither all the power nor any part of the power which Synods have to deliberate of or to define Ecclesiastical things though it be in relation to their own Subjects doth flow from the Magistrate but because in those things which belong to the outward man mark the reason the Church stands in need of the help of the Magistrate Fair fall an ingenuous confession they attribute nothing to the Magistrate but onely what may render him able to serve their own turns and supply their needs I wish these men would think a little more of the distinction between habitual and actual Jurisdiction After a School-master hath his license to teach yet his actuall Jurisdiction doth proceed from the Parents of his Scholars And though he enjoy a kind of Supremacy among them he must not think that this extinguisheth either his own filial duty or theirs Like this power of presiding politically in Synods is the other power which they give him of reforming the Church that is when the State of the Church is corrupted but not when it is pure as they take it for granted that it is when the Jurisdiction is in their own hands Although godly Kings and Princes sometime by their own Authority when the Kirk is corrupted and all things out of order place Ministers and restore the true service of the Lord after the example of some godly Kings of Judah and divers godly Emperours and Kings also in the light of the New Testament yet where the Ministery of the Kirk is once lawfully constituted and they that are placed do their office faithfully all godly Princes and Magistrates ought to hear and obey their voice and reverence the Majesty of the Son of God speaking in them Leave â—…his jugling who shall judge when the Church is corrupted the Magistrates or Church-men if the Magistrates why not over you as well as others If the Church-men why not others as well as you here is nothing to be answered but to beg the question that they onely are the true Church Hear another witnesse in evil and troublesome times and in a lap ed state of affairs when the order instituted by God in the Church is degenerated to Tyranny to the trampling upon the true Religion and oppressing the Professours of it when nothing is sound the godly Magistrate may do some things which ordinarily are not lawfull c. But ordinarily and of common right in Churches already constituted if a man flie to the Magistrate complaining that he is injured by the abuse of Ecclesiastical Discipline or if the Sentence of the Presbyteries displease the Magistrate either in point of Discipline or of Faith he must not therefore draw such causes to a civil tribâ—…nal nor introduce a Political Papacy And as the Magistrate hath power in extraordinary causes when the Church is wholly corrupted to reform Ecclesiastical abuses so if the Magistrate shall Tyrannize over the Church it is lawfull to oppose him by certain wayes and means extraordinary how ever ordinarily not to be allowed This is plain dealing the Magistrate cannot lawfully reform them but in cases extraordinary and in cases extraordinary they may lawfully â—…eform the Magistrate by means not to be ordinarily allowed that is by force of arms See the principles from whence all our miseries and the losse of our gracious Master hath flowed and learn to detest them They give the Magistrate the custody of both tables so they do give the same to themselves they keep the second table by admonishing him he keeps the first table by assisting them they reform the abuses of the first table by ordinary right of the second table extraordinarily He reforms the abuses against the second table by ordinary right and the abuses against the first table extraordinarily But can the Magistrate according to their learning call the Synod to an account for any thing they do can he remedy the errours of a Synod either in Doctrine or Discipline No if Magistrates had power to change or diminish or restrain the Rights of the Church the Condition of the Church should be worse and their liberties lesse under a Christian Magistrate than under an Heathen For say they Parliaments and supreme Senates are no more infallible then Synods and in matters of Faith and Discipline more apt to errâ—… And again the Magistrate is not judge of Spiritual causes controverted in the Church And if he decrâ—…e any thing in such businesses according to the wisdom of the flesh and not according to the rule of Gods Word and the wisdom which is from above he must give an account of it unto God Or may the supreme Magistrate oppose the execution of their disciplin practised in their Presbyteries or Synods by Laws or prohibitions No it is wickednesse If he do so far abuse his authority good Christians must rather suffer extremities than obey him Then what remedy hath the Magistrate if he find himself grieved in this case He may desire and procure a review in another National Synod that the matter may be lawfully determined by Ecclesiastical judgement Yet upon this condition that not withstanding the future review the first sentence of the Synod be executed without delay This is one main branch of Popery and a grosse incrochment upon the right of the Magistrate CHAP. III. That this Discipline robs the Magistrate of the last appeal of his Subjects The second flows from this The last appeal ought to be the Supream Magistrate or Magistrates within his or their Dominions as to the highest Power under God And where it is not so ordered the Common-wealth can injoy no tranquillity as we shall see in the second part of this discourse By the Laws of England if any man find himself grieved with the sentence or consistoriall proceedings of a Bishop or of his officers he may appeal from the highest judicatory of the Church to the King in Chancery who useth in that case to grant Commissions under the great Seal to Delegates expert in the Laws of the Realm who have
which Commissioners the chancelor his Majesties Commissioner was chief But neither the King nor the Church could get it to passe the Parliament in regaird of the opposition which some States-men did make unto these parts thereof which touched on their owne interest of unjust advantage this was the only stick The next instance of the Churches encroachement is their usurpation of all the old rents of the clergy as the Churches patrimony and their decerning in anassembly that nothing in the nixt Parliament should passe before the Church were fully restored to her rents Ans. Consider heere the Warners hypocrisie and unjustice he challenges the Presbiterians for that which no praelate in the world did ever esteem a fault a meer declaration of their judgement that the Church had a just right to such rents as by law and long possession were theirs and not taken away from them by any lawfull meanes What if heere they had gone on with the most of the praelaticall party to advance that right to a jus divinum what if they had put themselves by a command from Court into the possession of that right without a processe as diverse of the Warners friends were begun lately to doe in all the three Kingdomes but all that he can here challenge the Scotes for is a meere declaration of their simple right with a supplication to the Regent his grace that hee would indeavour in the nixt Parliament to procure a ninth part of the Churches patrimony for the mantainance of the ministry and the poore of the country for all the rent that the Churches then could obtaine or did petition was but a third of the thirds of the benefices or tithes That ever any assembly in Scotland did make any other addresse to the Parliament for stipends then by way of humble supplication it is a great untruth The last instance is the erecting of Presbyteries through al the Kingdome by an act of the Church alone Ans. I have showne already the untruth of this alleadgeance the proofe heere brought for it is grounded only upon an ambiguous word which the Warners ignorance in the Scotish disciplin and Presbitery though the maine subject of his booke permits him not to understand The Presbyteries were set up by the King after the assembly 1580 but the second booke of discipline of which alone the citation speaks how ever enjoind by many assemblies yet it could never be gotten ratified in any Parliament only because of these parts of it which did speake for the patrimony of the Church and oppugne the right of patronages How well the Warner hath proven the Presbiterian practises to be injurious to the Magistrate we have considered possibly he will bee more happy in his nixt undertaking in his demonstrations that their doctrinall principles doe trample on the Magistrats supremacy and Lawes their first principle hee takes out of the second book of disciplin Cap. 7. That no Magistrat nor any but Ecclesiastick persons may vote in Synods Ans. Though I find nothing of this in the place cited yet there is nothing in it that crosseth either the Laws or the Kings supremacy for according to the acts of Parliament of Scotland both old and late and the constant practise of that Church the only members of Presbyteries are Ministers and ruling elders Is it the Warners minde to vent here his super-Erastianisme that all Ecclesiastick assemblies Classicall Provinciall nationall are but the arbitrary Courts of the Magistrat for to advise him in the execution of his inhaerent power about matters Ecclesiasticall and for this cause that it is in his arbitrement to give a decisive voyce in all Church assemblies to whom and how many so ever hee will Though this may bee the Warners minde as it hath been some of his friends yet the most of the praelaticall party will not mantaine him heerein How ever such principles are contrary to the Lawes of Scotland to the professions also and practises of all the Princes and Magistrats that ever have lived there But the Warner heere may possibily glaunce at another principle of his good friends who have been willing lately to vent before al Britaine in print their Elevating the supremacy of Soveraignes so far above Lawes that what ever people have obtained to bee established by never so many assemblies and Parliaments and confirmed with never so many great seales of ratification and peaceably injoyed by never so long a possession yet it is nothing but commendable wisedome and justice for the same Prince who made the first concessions or any of his successors when ever they find themselfes strong enough to cancell all and make void what ever Parliaments Assemblies royall ratifications and the longest possession made foolish people beleeve to be most firme and unquestionable To this purpose Bishop Maxwel from whom much of this warning is borrowed doth speak in his Sacro-Sancta regum Majestas Though this had been the Cabine divinity of our praelats yet what can be their intentions in speaking of it out in these times of confusion themselves must declare for the cleare consequente of such doctrine seemes to be a necessity either of such Warners perpetuall banishment from the Courts and eares of Soveraignes or else that subjects be kept up for ever in a strong jealousy and feare that they can never be secure of their liberties though never so well ratified by Lawes and promises of Princes any longer then the sword and power remaines in their owne hand to preserve what they have obtained Such Warners so long as they are possessed with such maximes of state are cleare everters of the first fundations of trust betwixt Soveraignes and subjects they take away all possibility of any solid peace of any confident setlement in any troubled state before both parties be totally ruined or one become so strong that they need no more to feare the others malcontentment in any time to come Our second challenged principle is that wee teach the whole power of convocating assemblies to be in the Church Ans. The Warners citations prove not that we maintaine any such assertion our doctrin and constant practise hath been to ascribe to the King a power of calling Synods when and wheresoever he thought fit but that which the Warner seemes to point at is our tenet of an intrinsicall power in the Church to meet as for the word and Sacraments so for disciplin in this all who are Christians old and late the praelaticall and Popish party as well as others goe along with us to mantaine in doctrine and practise a necessity even in times of persecution that the Church must meet for the worship of God and execution of Ecclesiastick disciplin among their owne members In this the doctrine and practise of the Scots is according to their setled lawes uncontroverted by his Majestie If the Warner will mantaine that in reason and conscience al the Churches of the world are oblidged to dissolve and never more
for great sins and after a long processe yet certainly their execution is very farre from all cruelty as they who know the proceedings of that land will beare witnes What he objects about fugitives it is true when a proces is begunne a fugitive may have it concluded and sent after him but we count not that man a fugitive from discipline or contumacious as the Warner quarrels us who upon just feare to hazard his life does not compear CHAP. XII The Presbytery is hurtfull to no order of men PRaelaticall malice is exorbitant beyond the bounds of all shew of moderation was it not enough to have calumniat the Presbytery to Kings Princes and Soveraignes to Parliaments and all Courts of Justice to people and all particular persons but yet a new chapter must be made to shew in it the hurtfullnes of Presbytery to all orders of men wee must have patience to stand a little in the unsavoury aire of this vomite also Unto the nobility and gentry the Presbitery must be hurtfull because it subjecteth them to the censures of a raw heady novice and a few ignorant artificers Ans. It s good that our praelats are now turned pleaders against the oppression of the Nobility and gentry it s not long since the praelatical clergy were accustomed to set their foule feet on the necks of the greatest peeres of the three Kingdomes with to high a pride and pressure that to shake of their yock no suffering no hazard has been refused by the best of the Nobility and gentry of Britaine but natures and principles are so easy to be changed that no man now needs feare any more oppression from the praelats though they were set downe again and wel warned in their repaired throns But to the challenge we answer that the meanest Eldership of a small Congregation in Scotland consists of the Pastor and a dozen at least of the most wise pious and learned that are to be found in the whole flock which yet the Warner heer makes to be judges but of the common people in matters of smallest moment But for the classicall Presbytery to which he referres the Ecclesiasticall causes of the Nobility and gentry and before whom indeed every Church processe of any considerable weight or difficulty does come though it concerne the persons of the meanest of the people this Presbytery does consist ordinarly of fifeteen Ministers at least and fifeteen of the most qualified noblemen gentlemen and Burgesses which the circuit of fifteen parishes can affoord these I hope may make up a judicatory of a great deale more worth then any officiall court which consists but of one judge a petty mercenary lawyer to whose care alone the whole Ecclesiastick jurisdiction over all the Nobility and gentry of diverse shyres is committed and that without appeale as the Warner has told us except it be to a Court of delegats a miserable releefe that all the Nobility gentry and Commons of a Kingdome who are oppressed by Episcopall officials have no other remedie but to goe attende a Committee of two or three civilians at London deputed for the discussing of such appeales The Presbyterian course is much more ready solide and equitable if any grievance arise from the sentence of a Presbytery a Synode twice a yeare doth sit in the bounds and attends for a week or if need be longer to determine all appeales and redresse all grievances now the Synode does consist of all the Ministers within the bounds which ordinarly are of diverse whole shyres as that of Glasgow of the upper and neather ward of Clidsedaile Baerranfrow Lennox Kile Carrick and Cunninghame also beside Ministers the constant members who have decisive voice in Synodes are the chiefe Noblemen Gentlemen and Burgesses of all these shyres among whom their be such parts for judgment as are not to be found nor expected in any inferiour civil Court of the Kingdom yet if it fall out so that any party be grieved with the sentence of a Synode there is then a farther and finall appeale in a Generall assembly which consists of as many Burgesses and more Gentlemen from every shire of the Kingdome then come to any Parliament beside the prime Nobility and choisest Ministry of the land having the Kings Majestie in persone or in his absence his high Commissioner to be their praesident This meeting yeerly or oftner if need be sits ordinarly a month and if they think fit longer the number the wisedome the eminency of the members of this Court is so great that beside the unjustice it were a very needlesse labour to appeal from it to the Parliament for as we have said the King or his high Commissioner sits in both meetings albeit in a differēt capacity the number and qualification of knights and Burgesses is ever large as great in the assembly as in the Parliament only the difference is that in the Parliament all the Nobility in the Kingdom sit without any election and by virtue of their birth but in the Assembly only who for age wisedome and piety are chosen by the Presbyteries as fittest to judge in Ecclesiastick affairs but to make up this oddes of the absence of some Noblemen the Assembly is alwayes adorned with above ane hundred of the choisest Pastors of the whole land none where of may sit in Parliament nothing that can conciliate authority to a Court or can be found in the Nation is wanting to the generall assembly how basely so ever our praelats are pleased to trample upon it The second alledged hurt which the Nobility have from the Presbytery is the losse of their patronages by congregations electing their Pastors Ans. Howsoever the judgment of our Church about patronages is no other then that of the Reformed divines abroad yet have our Presbyteries alwayes with patience endured patrons to present unto vacant Churches till the Parliament now at last hath taken away that grievance The Nobilities last hurt by the Presbytry is their losse of all their impropriations and Abey-lands Ans. How Sycophantick an accusation is this for who knowes not how farre the whole generation of the praelaticke faction doe exceed the highest of the Presbyterians in zeale against that which they call Sacriledge never any of the Presbyterians did attempt either by violence or a course of Law to put out any of the Nobility or gentry from their possessions of the Church-lands but very lately the threats and vigorous activity of the praelats and their followers were so vehement in this kinde that all the Nobility and gentry who had any interest were wackned to purpose to take heed of their rights In the last Parliament of Scotland when the power of the Church was as great as they expect to see it againe though they obtained the abolition of patronages yet were the possessors of the Church-lands and tythes so little harmed that their rights therto were more cleerly and strongly confirmed then by any praeceding Parliament
with the Act you pretend to at your leisure The approbation of the Assemblie was but the harmonie of a faction such being excluded as were not prejudged approvers or if praesent overaw'd by a praevalent partie in their vote as much as other Ministers abroad by Philadelphi Vindicatours confession in their consent Quis credat quenquam qui rem sacram administrabat…ausum fuisse calculo suo non probare Or if they were free did approve it they did it in that sense that many Orthodoxe persons did sweare or subscribe it …in eam confessionem jurâsse neminem Presbyteriorum regimini alligat Which King Ch. 1. in his large Declaration tells you to be consistent with Episcopaâ—…ie it unqu-estionablie true Or it may be the register of your approvers was handled as the roll of subscribers wherein were a great many more names then had been hands … adde Episcopos nunc sedentes magnam partem Ministrorum subscriptiones illas inficiari The opposition Of the Kings Commissioner it may be was ingrossed in the two leaves torne out of your publike records if not left out as impertinent to the proceedings of that Assemblie If he gave a passive consent by his silence it was in conformitie to his Masters subscription command which you mention'd The direction of His Majestie for the 50. Classical Assemblies was specializ'd by your power which did direct him The crecting of them was with no intent to pull downe Episcopacie as may be in effect gather'd from your words For if they remaine to this day the same stood while the Bishops were in power as subordinate chapters or consistories unto them These some Noble men you speake of were most of the Nobilitie as your Brother Andr. Melvin doth acknowledge … reluctantibus nobilium plerisque And these did not now erect of new a titular Episcopacie but maintained that which had been legallie established And this they did not onelie to hold fast their Ecclesiastical revenue but upon other more conscientious grounds as he ingenuouslie confesseth Viz. To keep the state of the Kingdome entire from being rent in pieces sublato enim Episcopatu I l'e leave the lie for his heires to licke up regni statum convelli To praeserve Majestie due to the King constitutis Presbyteriis regiam Majestatem imminui And by asserting his right to some Church revenues to prevent the utter exhausting of his exchequer … bonis Ecclesiasticis … restitutis Regis aerarium exhauriri causantur That the Nobilitie enjoyed so much of the revenue beside what was payd in to the King came upon the perpetual divisions rais'd by the Presbyterie in the Kingdome which perturbing ever the establishment of the Episcopal order voting them to have no more right to the meanes then they had to the office the learned at least prudent Nobilitie having better assurance that neither power nor meanes belong'd de jure to the brethren of the discipline it is not unlikelie till the controversie should be ended they framed a kind of plausible argument to continue the steward ship in themselves Yet in the meane time by your leave they did effectuate more then a title to this tulâ—…han Bishop And this kind of Prelates pretended right to every part of the Episcopal office exerciz'd much more then you mention'd Which having been made good against you in several volumes I shall onelie bring an undeniable argument by producing confitentes reos the whole packe of Covenanters of all orders qualities aswell Ministers as others Who in their publike bill or Complaint upon which an Act of the Presbyterie of Edenburgh passed Octob. 24. 1638. have these Words Whereas the office of a Bishop as it is now used within this Realme was condemned by the booke of policie by the Act of the Assemblie holden at Dundee Anno 1580. Whereof these are the words For asmuch as the office of a Bishop as it is now used commonlie taken within this Realme hath no sure warrant from Authoritie c. Hence I argue thus The office of a Bishop now used in the yeare 1580. the office of a Bishop now used in the yeare 1638. is ex confesso the same But the office of a Bishop 1638. consisted in the power of ordination jurisdiction Ergo so did the office of a Bishop 1580. And as much is implied by the Act of that Synod which condemnes expresselie the power as well as the title of Bishops that with reference to the persons of the Bishops then living that had executed this power were to lay it downe or become excommunicate Therefore you shew us but the halfe face in your discovrse about their voting in Parliament Into which imployment they crept not but came upon considence of better authoritie then any general Assemblie could give them as shall be proved hereafter particularlie in the case of Rob. Montgomerie Arch-Bishop of Glasgow whom you name That there was some debate takes of somewhat from the Kings forwardnesse in commanding subscribing directing in special That he shew'd his good satisfaction I beleeve not when you publish it with a blancke Reviewer But the Warner heere jumps over no lesse then 27. yeares time c. Ans. The Bishop undertooke no continued historie of your Disciplinarian rebellions Therefore in passing over 27. yeares he sav'd himself a trouble but hath done too great a courtesie for you unlesse you were more thankefull for his silence Though indeed this signal rebellious Convention of a few stubborne ignaro's at Aberdener shewes to what an height maturitie of mischiefe your other sucking Conspiracies had come to if Royal presence had not been at hand to suppresse their growth nip these blacke boutefeus in the bud That King Iames at that time was by his English Bishops perswasions resolv'd to puâ—… downe the general Assemblies of Scotland is disavowed in words by publike proclamation bearing date the 26. Septemb. in act by appointing one to be holden at Dundee the last Tuesday of Julie Yet if he had with the grave advice consent of his three Estates your Church lanes constant practice must have strooke saile as it afterward did unto the supremacie of that power Himselfe telling you That no Monarchie either in Civillor Ecclesiastical policie had then attained to that perfection that it needed no reformation Nor that infinite occasions might not arise whereupon wise Princes might foresee for the benefit of their Stâ—…es just cause of alteration For what immediatelie followes take His majesties answer out of a Declaration penned with his owne hand As to the nature of their particular priviledge in holding of Assemblies they have in this their last praetended Assemblie broken the limitations of that priviledge that is clearlie set downe in the first Acte of the Parliament in the 92 yeare which is the latest clearest warrant for their Assemblie For there it is speciallie provided That as We give
Grotius that had better skill in the lawes then you or I sayth That in causes of Delegacie semper appellasio conscssa fuit ad Imperatorem si ex Imperiali jussione judicatum esset aut ad Iudicum quemcunque si ex judiciali praecepto which holds good against your general Assemblie if that judgeth earegali jussione that it doth so is cleare from your Assemblie Act April 24. 1578. wherein it petitioneth the King to set establish your policie a part whereof is your Assemblie judication That it is for the most part order'd to the King in his Courts is not any way to confine his power but to free him from frequent impertinencies unseasonable importnnities of trouble or it may be a voluntarie but no obligatorie Royal condescension to avoyd your querulous imputation of arbitrarie partialitie tyrannie in judicature Therefore you injure the Bishop by converting his assertion into a negative confession As if when he sayth it is to the King in Chancerie he must needs acknowledge It can be neither to the King out of Chancerie nor to him there but with collaterall aequipotential â—…ssistants Whereas your friend Didoclave complaines that our appeales are ever progressus â—…b unico ad unicum wherein whether he mean'd an aggregate or personal unitie I leave you to interpret That an appeale is not permitted from your Lords of session or Parliament in Scotland is because whatsoever is regularlie determin'd there receives its ratification from the King But if one or other in their session without him should determine a case evidentlie undeniablie destructive to the rights of his crowne or liberties of his people whether His Majestie may not admit an appeale assume his coercive power to restraine their license I thinke no loyal subject in Scotland will controvert As touching your Assemblies King Iames tells you It is to be generallie observed that no priviledge that any King gives to one particular bodie or state within the Kingdome of convening consulting among themselves which includes whatsoever they doe when they are convened consulting is to be understood to be privative given unto them so the King thereby depriving himselfe of his owne power praerogative but onelie to be given cumulative unto them as the lawyers call it without any way denuding the King of his owne power authoritie This His Majestie alledged against the Ministers at Aberdene whom he accuseth not onelie of convening but acting after they were convened He particularlie mentions their setting downe the dies of the next Assemblie His Councel addes their endâ—…vour to reverse overthrow all those good orders godlie constitutions formerlie concluded for keeping of good order in their Church If you alledge that His Majesties Commissioner was not there then you grant me their acts are not justifiable without him And that all are not necessarilie with him I argue from the language of the Commission whereby they meet which limits them thus secundum legem praâ—…im against which if any thing be acted upon appeale the Kings praerogative may rectifie it at pleasure if not any judge may praetend to be absolute then the King must be absolutelie nothing having committed or delegated all power from himselfe What civile law of Scotland it is that prohibites appeales from the General Assemblie you should doe well to mention in your next I know none nor did King Iames thinke of any when he cited his distinction from the Scottish Lawyers aswell as any other Where an Assemblie proceeds contrarie to the lawes of God man Which is not impossible while it may consist of a multitude men neither the best nor most able of the Kingdome the Bishop thinkes an appeale to a legal Court of delegates constituted by a superiour power might be neither unseeming nor unreasonable The law of old never intended they should be the weakest of all Court Where it hath so happened by your owne rule pag. 22. The Delegates not Delegacie are to be charged Such heretofore in England as imployed mercenarie officials for the most part were mercenarie Bishops if they had been cut to the core would have been found I doubt Disciplinarian in heart though Episcopal in title The Scots way of managing Ecclesiastical causes is not more just because more derogatorie to the right of the King And the late Martyr'd King found it not more safe therefore told Mr. Henderson plainlie the papacie in a multitude might be as dangerous as in one how that might be Gualter writ to Count Vnit-glupten in a letter Emergent hinc novae tyrannidis cornua paulatim cristas attollent ambitiosi Ecclesiarum pastores quibus facile fuerit suos assessores in suas partes attrahere cùm ipsii inter hos primatum teneant He might have found the experiment of it in Scotland Nor can it be more satisfactorie to those rational men with whom the Bishops arguments are prevalent beside what else may be effectuallie alledged against it Allthough the two instances the Bishop brings for stopping appeales were accompanied with so many treasonable circumstances as might have enlarged his chapter into a volume deleted the credit of a Scotish Disciplinarian Assemblie out of the opinion of all the Cristians in the world Yet His Lordship thought good to furnish his reader with better authoritie from the second Booke of Discip. ch 12. which shall here meet you againe to crave your acquaintance From the Kirke there is no reclamation or appellation to any Iudge Civile or Ecclesiasticall within the Realme The reputation of the two Reverend Arch-Bishops Montgomerie Adamson depends not upon the sentence of a turbulent envious Synod much lesse any single malicious Presbyter in a pamphlet with whom we know 't is crime hainous enough to be a Bishop shall not want his vote to make them excommunicate Their manifold high misdemeanours are mention'd in the censure of the Presbyterie of Striveling for admitting Montgomerie to the temporalitie of the Bishoprike of Glasgow his owne for aspiring thereto Assemblie 1587. And of the other for taking the Kings commission to sit in Parliament 1584. In the last Act of which his commission is printed to register â—…his guilt The principal of their evil patrons among the wicked States-men I meane next under the King to whom you yeild that praerogative at least is sayd to be the Earle of Arran who deserves that character for being second at that time in His Majesties favour he is sayd by your brethren to have taken them into the Parliament So that lay their commission Earle Arrans courtesie together which without the other had implied the pleasure of the King they tooke not without authoritie upon themselves as you sayd the Episcopal office nor place in that Parliament Whether the pride contempt of the Prelates or Presbyters were greater may be judg'd in the case of Arch-Bishop Montgomerie by the Assemblies slighting not onelie
that can not constitute can abrogate no lawes But they will tell you in constituting the King can not be excluded And we inferre that no more he can be in repealing If your minde serve you to engage farther in this dispute you were best answer the learned Grotius 8. chap. De Imper. Sum. Pot. to which I promise you my replie In the next place as if you were moderating a matachin dance from seting the King and Parliament atoddes you turne both their faces and powers agaâ—…nst the Praelates whom I doe not finde His Lordship puting in competition with the King about the right of making lawes but aggravating the injurie done them by your partie in the Parliament and appealing to their conjcience with what justice they could covenant against the rights of a third order of the Kingdome without either their satisfaction or consent If the whole Repraesentative of the Kingdome have thus priviledg'd the Bishops one lame part can not deprive them of it Their prioritie and superioritie hath been so ancient that no Lords no Commons would scruple at it but such as likewise at the original supremacie of their King And therefore you may know the bill against their priviledges was five times rejected in the upper House the beter Court of honour of the two and when the sixt time it was caried by a few voyces it was when the most honourable persons were forced to be absent Their share in the Legislative power hath been so great that since any was allotted them your forefathers never heard of a law made in Parliament without them The King may passe what he pleaseth and what he doth so is a â—…an The two Temporal States with his baâ—…e name without his power can make none nor yet having it as they account it derived from his Regalitie not his person Ius enim serendarum legum sive generalium sive spâ—…ciaiium samma poteslas communicare alteri potest a se abdicare non potest What one orth ' other passe to the injurie of persons fundamentallie concern'd be it law can not be justified in conscience which is all J take to be urged by the Bishop But what would you have sayd if there had been such a law in behalfe of Episcopacie in England as there hath been in spaine That no King could reigneâ—… which is more then a Parliament sit and vote without the suffrage of the Bishops Which made Ervigius upon the resignation of Bamba that turn'd Monke call a Councel of them at Toledo to have a confirmation of his crowne And the time hath been in England when a difference fell between Edward and Ethelred about succession to K. Edgar a devolution of it unto the arbitrement of the Bishops The humble protestation of the twelve Bishops rudelie menaced and affronted did not pronounce the lawes acts after their recesse null and of none effect in derogation to the praerogative of the King either solitarie or in conjunction with what persons soever he pleas'd to make his Legislative Councel but in saving to themselves their rights and interests of siting and voting in the House of Peeres the violation of which they conceived to invalidate a Parliament at least without the Kings passing a rescissorie Act and an Act of new constitution Because in law and practice it is usual to any who conceive themselves praejudg'd even in those things where Acts of Parliament passe against them to protest Which if you remember were the words and part of a long plea to another purpose though upon the same advantage of the Bishops right in Scotland used by those your Countreymen that alike intended their ruine but could not colourablie offer at it without the Act anext the constitution of the Parliament Whether the Bishops being a third order of the Kingdome and by that craving their share in the Legislative power be more humble then the Presbyters who take themselves to be absolute without King and two states in making all Ecclestastike lawes and against King two states in abrogating all civile statutes Ordinances concerning Ecclestastical maters that are sound noysome and unprofitable and agree not with the time … And censuring punishing all persons King and Parliament not excepted I file up with the other references to your aequitable comparers let them be the Lords and Commons you here pleade for You may chuse whether you will grant what the Bishop takes as demonstrable That his brethren had harder measure from the thing call'd King and Parliament then the Abbots and Friars from Henry 8. When he devested them of their estates Your consecutorie Beleese hath no article made up out of any of the Bishops words Who though he could not keepe intruder out of his palace and possessions meanes to have no such troublesome inmates in his minde And since you have sequestred him from his gardens keepes out of your reach a Tarasse to exspatiate in his thoughts He commends your eyes that can see so distinctlie such Platonical Idea's as never had existence yet when you draw too neare commands you to your distance with the same answer that Bacchus did Hercules in the Comoedie for all his club Meton â—…mon oikei noun echeis gar oikeian The Bishops last reasoning is as sound as those before and in all is there a connexion of those parts which any demonstrative integral can require To your first impeachment by quaestion I answer That article of the Covenant beares the seting up of the Scotish Presbyterian government in England which is for a uniformitie in both Kingdomes if taken with the next that extirpates praelacie viz. Church government by Bishops For when Praelacie is downe I pray what remaines according to your principles but Presbyterie to set up As for Scotish Presbyterie you have often told us 't is the same with that of all Reformed Churches And if alltogether be not according to the Word of God after so many yeares Synods Conferences and Letters what blinde Covenanters you are to sweare a league of life death upon the like or more uncertanitie of future discoverie by a few unskilfull persons whose petie phantastike lights put together must be made a new imaginarie milkie way surpassing in a fermed singularitie of splendour any among the greater truer luminaries in the firmament of the Church But I have allreadie shewed how in vaine you aequivocate about that clause which hath cost your friend Rutherford and others so much paines What the oath of supremacie imports is evident by the words in it The varietie of sences to catch advantages like side windes in paper sailes which are subject to rend in pieces being the poor policie of Presbyters that dare not stand to the adventure of plaine dealing supreme Governer of this Realme c. Aswell in all spiritual or Ecclesiastical things or causes as temporal Which the Bishops you see conceald not though you gratâ—…e your selfe with the observation