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
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
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
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
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