reason they ought to be if he be King head of his Church He must have no more liberty to exerce his jurisdiction by the Ministery of his inferiour officers within their dominions territories then seemeth good in their eyes The discipline of his house must be exerced only in so far as they think good to permit And thus it is undeny able that they look on Christ as an evil neighbour as no good friend to Caesar They think his Kingdom is of this world therefore it must have no place within any of their Kingdomes territories Thus thou seest that in end the controversy cometh to this Whether Christ or man shall reigne in the Church as head supream Governour thereof And whether the interest of Christ or of man shall be preferred And to preferre the interest of a man unto the interest of Christ hath heretofore been accounted malignancy of the deepest dye But what shall become of this controversie how shall it end Are they or shall they be able to put our Lord from his throne out of his possession No he is set upon the holy hill Zion by a mighty hand his inheritance among the heathen is given to him by a surer deed of gift then that he should be so easily put from it He hath a rod of yron that will dash in pieces as a potters vessel all his enemies be they never so great mighty He is too strong a party for all the potèntats mighty ones of the earth therefore this which is the grand controversy of those times shall must be decided in favours of those who stand upon Christ's side maintaine his right he is a strong captaine will run thorow all the hosts of his adversaries Christ's sufferers then may rejoyce what ever affliction they are or can be put to endure for this cause which is a cause that doth highly concerne Christ the royall prerogatives of his crown Kingdome his glory as he is the only head of â—…his Church seing they may certanely expect the victory â—…re all be done And seing as famous worthy Mr 〈◊〉 in the preface to his Aaronâ—… rode blossoming sheweth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Christ is 〈◊〉 King hath a Kingdome 〈◊〉 in his Church distinct frâ—…m the Kingdoms of the world 〈◊〉 civil Governmeâ—… 〈◊〉 this commendation and 〈◊〉 â—…oue all â—…hen 〈◊〉 that Christ himself suffered 〈◊〉 the 〈◊〉 〈◊〉 and sealeâ—… it with his blood For it may be 〈◊〉 fâ—…om the 〈◊〉 of his passion that this was the only pâ—…nt of 〈◊〉 〈◊〉 was 〈◊〉 And avouched by 〈◊〉 〈◊〉 Joh. 18 33 36 37. and Luk. 23 3. was most aggravated prosecuted and driven home by the jewes Luk. 23 2. Joh. 19 v. 12 15. Was prevalent with Pilat as the cause condemning him to die Joh. 19 12 13. And was mentioned also in the superscription upon his crosse Joh 19 19. And although in reference to God and in respect of satisfaction made to divine justice for our sinnes his death was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a price of redemption yet in reference to men who did persecute accuse and condemne him his death was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a martyr's testimony sealing such a truth Thus he Christ is a good second will not suffer any who contend for his crown throne scepter privileges roy all prerogatives of his Kingdom to be put to the worse If he pleade for any cause we may be sure he will plead for his own Let not then his constant valient sufferers feare for greater is he who is with for them then they who are against them Christ alone is more then match party against all Kings princes potentats Parliaments popes prelats Kingdomes armyes Yea all the Posse of devils men Therefore they may be assured that he his cause shall be victorious For he must reigne untill all his enemies be made his foot stool 5. Thou mayest see That the truth for which thou dost suffer is a truth which is after godlinesse tending to the promoveing of piety of the power of godlinesse Whileas the contrary cause course leadeth to all prophanity debauchery as experience doth this day evidently undenyably prove this is no small ground of comfort for the way which is not of for God cannot stand You may pray against your adversaries as really wicked driveing on a designe of wickednesse which is evidently demonstrated by their acts actings Their enmity against opposition unto godly faithfull Zealous able conscientious Ministers of the Gospell unto Christian meetings exercises As also their pressing of Godly conscientious persons unto perjury blasphemy which is the height of wickednesse do put the matter beyond all doubt And is not this enough to make thy soull loath stand a loos from these wayes And to blesse God for his preserving thy soull from their counsels courses so from partaking of their judgments which doe certainly make haste For God is of purer eyes then to look upon iniquity Therefore he will not alwayes look on these that deal treacherously hold his peace when the wicked devoureth the man that is more righteous then he The Lord hath ordained them for judgment the mighty God hath established them for correction when Agâ—…silaus did hear that Tissaphâ—…rnes a captaine of Persia had broken his Covenant which he had made with him was raiseing an army to come against him he was very glade said se magnam habâ—…re gratiam Tissapherni quod perjurio suo deos homines sibs infensos reddidisset adversae vero parti propitios He thanked him heartily that by his perjury he had made both God man angry at himself favourable to him and his cause may not his people be perswaded that God iâ—… this day displeased with the Covenant breakers who are not satisfied with their own treacherous dealing perfidiousnesse but will have all others intangled in the same guilt 6. Thou mayest see that Action which is now so much branded with the vile contemptible names of treachery rebellion I mean Scotlands defending of it self against its bloody enemies cleared from all these imputations foule calumnies changes of times make many Changes in peoples judgement at this time it may be feared that many have Changed their opinion because they see the watter runing in another channell then it did formerly are now ready to condemne these noble worthies valient champions who jâ—…oparded their lives unto the death in the high places of the field have shed their blood in that cause which is a more grievous guilt then many do now apprehend But here thou seest how little cause there is for condemning that Action Yea what necessity there was laid upon Scoâ—…l to stand to their defence as they would not have betrayed the cause interest of Christ which they
was contrary to the dissent protestation of this kingdome now removed by a violent death and that by the Lords blessing there was left a righteous heire lawfull successour Charles Prince of Scotland VVales now king of Great britane france and Irland did unanimously and chearfully in recognisance and acknowledgement of his just right title and succession to the Crown proclaime and declare to all the world that he was king of great britan c. their Soveraigne Lord and king at the mercat Crosse of Edenburgh with all usuall Solemnities in like cases ordaining the same to be done in like manner in all the brughs Royall Immediatly there are Commissioners sent over to his Maj. while at the Hague in Holland when these returned without satisfaction there are againe the next year 1650 Commissioners sent to him while at Breda At length he promised to publish testify by solemne oath his approbation of the Nationall Covenant of Scotland of the solemne league Covenant And accordingly before he came a shoar in Scotland being in Shipboard at the mouth of Spey on the Lords day the 23. of Jun 1650 in presence of the Commissioners of the kingdome Church of Scotland severall others both Scots English after Sermon the Nationall Covenant the solemne league Covenant being read by the minister that preached He standing lifting up his right hand swore the same in the words following which had been determined by the Parliament by the Commissioners of the Generall assembly of the Church of Scotland in their Instructions to their Commissioners subjoyned to Both the Covenants I Charles king of Great Britaine France Irland do assure declare by my solemne oath in the presence of the Almighty God the searcher of hearts my allowance approbation of the Nationall Covenant of the solemne league Covenant above writen faithfully oblidge my self to prosecute the Ends thereof in my station calling that I for my self successours shall consent aggree to all acts of Parliament enjoyning the Nationall Covenant solemne league Covenant fully establishing presbiteriall governement the Directory of Worship confession of faith Catechismes in the kingdome of Scotland as they are approven by the Generall assembly of this kirke Parliamet of this Kingdome And that I shall give my royall assent to the acts of Parliament enjoyning the same in the rest of my Dominons And that I shall observe these in my own practise family shall never make opposition to any of these on endevour any change thereof And immediatly subscribed the same And thereafter August 16. 1650. he emitteth a Declaration from Dumfermeling wherein he expresseth much of his affection to the Covenanâ—… Covenanters dèclareth that he hath not sworne subscribed these Covenants entred into the oath of God with his people upon any sinister intention crooked designe for attaining his own ends but so far as humane weakness will permit in the truth sincerity of his heart that he is firmely resolved in the Lords strength to adhere there to to prosecute the ends thereof c. In order to which he doth in the first place professe declare that he will have no friends but the friends of the Covenant And therefore as he doeth now detest abhorre all popery Superstition Idolatry together with prelacy all errours heresy schisme profaneness resolveth not to tolerate much lesse allow any of these in any part of his Maj. Dominions but to oppose himself thereto to endeavour the extirpation thereof to the outmost of his power So doth he as a Christian exhort as a King require all such of his subjects who have stood in opposition to the Solemne League Covenant worke of Reformation upon a pretence of kingly Interest or any other pretext whatsoever to lay down their enmity against the cause people of God to cease to prefer the Interest of man to the Interest of God which hath been one of these things which hath occasioned many troubles calamities in these kingdoms being insisted in will be so far from establishing of the Kings Throne that it will prove an Idole of jealousy to provoke unto wrath him who is King of Kings Lord of Lords The king shall alwayes esteem them best servants most loyall subjects who serve him seek his greatness in a right line of subordination unto God giving unto God the things that are Gods unto Caesar the things that are Caesars resolveth not to love or countenance any who have so litle conscience piety as to follow his Interests with a prejudice to the Gospell kingdom of Jesus Christ which he looks not upon as a duety but as flattery as driving self designes under a pretence of mantaining royall authority greatness he resolveth to live die with his loyall subjects in prosecution of the ends of the Covenant He doth esteeme the service of those who first engadged in the Covenant have since that time faithfully followed the ends thereof to be duety to God loyalty to him So Jan. 1. 1651. on the day of his coronation the Nationall covenant the Solemne league covenant being read unto him he swore them in this following oath which he took in behalf of himself his successours kneeling holding up his right hand which oath with both covenants he afterward did subscribe I Charles King of Great Britane France Irland do assure declare by my solemne oath in the presence of Almighty God the searcher of hearts my allowance approbation of the Nationall Covenant of the Solemne League Covenant above writâ—…h And faithfully obleidge my self to prosecute the ends thereof in my station calling And that I for my self Successours shall consent aggree to all Acts of Parliament enjoyning the Nationall Covenant the Solemne League Covenant fully establishing Presbyteriall Governement the Directory of worship Consession of Faith Catechismes in the kingdome of Scotland as they are approven by the Generall Assemblies of this kirk Parliament of this kingdom And that I shall give my royall assent to Acts and Ordinances of Parliament passed or to be passed enjoyning the same in my other Dominions And that I shall observe these in mine own practise and family and shall never make opposition to any of those or endevour any change thereof Thus had the Church of Scotland all the security imaginable from a Prince that Prelats should never have footing againe within that kingdome that the begun worke of Reformation should be still carried on through the other Dominions But when Scotland out of conscience to their covenant had sent for the king the Sectarian party in Iuly 1650 approach their borders with an Army thereafter overcome them in battell shedeth much of their bloud leadeth many both commanders
onely to the prophets 2. The libertie of the Church and Discipline presently exercised was confirmed by diverse acts of Parliament and the office-bearers were now in peaceable Possession thereof And this he did and a Copy hereof was sent through the Presbiteries to see if they would owne the same and in testimonie of their chearfull hearty owning therof it was subscribed by three or fowre hundereth Ministers This displeased the King so that he by open proclamation commanded the Commissioners of the Church to depart out of Edenburgh within twenty fowr houres under the paine of rebellion but notwithstanding of this they resolve to stay to see that the Church priviledges should not be wronged send some of their number to speake to his Mâ—…j unto whom he answered that if Mr. Black would passe from his Declinature or if they would declare that the Declinature was not a generall but onely a particular one used in Mr. Blacks case alone as being a cause of slander pertaining to the judgement of the Church he would passe from the pursuite of Mr. Black But after consultation the Comissioners resolved to adhere unto the Declinature unlesse his Maj. would passe from the processe remitt the same unto the Church Judicatory would make an act of Councill declareing that no minister should be charged for his preaching c. Whereupon the King charged the Commissioners of new to depart caused cite Mr. Black unto the last of November withall dischargeth all Barons Gentlemen others to meet with ministers in their Church assemblies without his licence When the day of Mr Blacks compearance cometh the Commissioners presente a supplication desiring them to remitt the question unto the Judge competent but the Councill goeth on therefore they protest that the processe in hand whatsoever followed thereupon should not prejudge the liberty of the Church in maters of Doctrine Afterward the King sendeth unto the Commissioners shewing he would be content with Mr. Blacks simple declaration of the truth But worthy Mr. Bruce answered That if the mater did touch Mr Black alone they were content but the liberty of Christs Kingdome had received such a wound by the Proclamations published the last Satterday that day by the usurpation of the Council that if Mr Blacks life the life of twenty others had been taken it had not grieved the hearts of the godly so much that either these things behoved to be retreated or they would oppose so long as they had breath Then the King condiscended to publish by a Declaration that he would not diminish any lawfull power or liberty which they or their Assemblies had either by the Word of God or lawes of the land that the proclamation discharging Barons others to meet with ministers was onely meaned of their meeting in armes that the Interloquâ—…tor of the Council should not be used against Mr Black or any other minister untill a lawfull General Assembly providing that Mr Black would declare in his presence the truth of the points libelled before some ministers But afternoon the Kings minde was found changed because Mr Black would not acknowledge an offence he is condemned by the Council his punishment is remitted to the King till his pleasure were known he is confined Then there is a bond devised to be subscribed by all the ministers under the paine of the lose of their stipends The tenor wherof followeth Wee the Pastors ministers of Gods word undersubscribing humbly acknowledging our duty to God obedience to the King our Souveraigne Lord whom for conscience cause we ought to obey Confesse that his Grace is soveraigne Judge to us each one of us in all causes of sedition treason other criminal civill maters to all our speaches which may import the saids crimes albeit uttered by any of us publickly in the pulpits which God forbid or in any other place that the said pulpits nor any other place whatsoever hath not that priviledge immunity to be occasion or pretence to any of us of declining of his Maj judgement in any of the saids civill or criminall causes intended against us in any time coming but rather that our offence is the greater incase which God forbid any of us commit such crimes in the saids pulpits before the people where the word of Gods truth salvation should be preached by us to our flocks In witness wherof of the humble acknowledgement of our duty in the premisses we have subscribed these presents with our hands are content that the famine be registrat in the books of secret Councell in futuram rei memoriam But faithfull ministers refused upon all hazards to subscribe the same seeing that it was a crossing of their Declinatour contrarie to the acts of the Generall Assembly to the acts of Parliament made in favours of the Church yea to the word of God because by this bond they should have acknowledged the King to be both supreme onely Judge over ministers in all causes so to have power of Judging deposing them yea of judging trying their preaching if it be but coloured with treason sedition of schisme in the Church which is sedition and seeing thereby they should be bound up from faithfull dealing in the name of the Lord because they saw it was devysed of purpose as a snare to their consciences After this Anno 1596. the king driveth on his designe indicteth an Assembly at perth formeth 55 problemes by which the Discipline of the Church formerly established was questioned to be there debatéd these problems with the following Historie at more length are to be seen in the Historie penned by Reverend laborious Mr Petry therefore a short relation shall suffice here being perswaded by his Courtiours that he should never gaine his purpose till first he took some course to breake the Union of the Church he prevaileth with Mr Patrik Galloway Mr Iames Nicolson who had been chief a little before in advising Mr Black to decline causeth Sr Patrick Murray deal with the ministers of the North to subscribe the bond to choose such such persons to the meeting at Perth and when the time of meeting cometh these Commissioners from the North were seen going in companies to the king Mr Nicolson was with the king till mid-night They were for all this two dayes in debating whether they were a lawfull Generall Assembly but honest men protested against it The meeting at length condiscendeth to these particulars 1. That no minister should reprove his maiesties lawes acts or ordinances untill such time as first he had by advyce of Presbitery Synod or Assembly complained or sought remedy of the same 2. That none should be named in pulpit except the fault were notour by the persons being fugitive convicted by ane Assise Excommunicated contumacious after citation or lawfull
And seing ther can no instance be produced out of the History of Scotland since ever it was a Kingdome that any subject noble Man or other was accused of high treason for such a cause surely this noble Mans case was unparalleled 3. Is not this strange considering what the principle of Royallists is They say that Conquest giveth a just tittle to a crown So sayeth D. Ferne Aâ—…nisaeus Maxwell in his Sacro Sancta Regum Majestas Cap. 17. And by this principle Cromwell was the lawfull supreme Governour of the Kingdome of Scotland and had just tittle right to the Crowne thereof having now conquered the same if this principle of theirs be true which is much questioned by their opposites no complyance with him could by any law in the World be treason against any Prince whatsomever for obedience unto concurrence with a lawful supreme Magistrat can be treason against no man living How then could this noble Man be challenged upon the account of treason for complyance Let all the Royalists answer this without contradicting themselves if they can 4. Is there any lawyer who can produce such a definition of treason against a Prince or a supreme Magistrat out of the civil law as will condemne the deed of this worthy noble Man make complyance with a conquerour for the good saifty of the countrey after all meanes of defence are broken lost an act of treason And since the civil law can condemne no such deed as treasonable the sentence given out against his noble Man must be without all warrand of law 5. Are there not many countreyes Kingdomes cities that have been overrun by their enemies have had their own lawfull Governours put from them so have been forced to live under the feet of strangers hath it not been usuall for them to comply with such as had the present power in their hand for their own saifty the good of the place And was it ever yet heard that such were accused condemned of â—…reason against their own lawful Governours thrust from them sore against their wills for any such complyance And is it not wonderful that this eminent noble Man should become a preparative unto all the World So then to put a close to this let an appeal be made to all Governours of Commonwealths Statesmen Lawyers Casuists Politicians Canonists Quodlibâ—…tists yea Royalists if they will speak consonantly to their own principles their answer interloquutour be had in point of law unto this question Whether or not when a land is overcome in battel once againe a thrid time a fourth time so aâ—… they are forced to lie under the feet of the conquerour and expect his mercy their own supreme Magistrat is forced to flee away for his life without all hope of returning so they left without all goverment but what they have from the conquerour when it might have been expected that he would have ruled them disposed of them jure conquestus as conquered according to his own pleasure yet he did admit such as they thought sit to choise to sit in his supreme Councel for giving their advice for regulating the affaires of that Kingdom common wealth which is now conquered subdued Can it be treason in any when chosen by the countrey to sit in these Councells advise what they think best for the good of the countrey Or can they or any of them be challenged or accused condemned as guilty of heigh treason when providence bringeth back the prince after ten yeers absence for acting so under the conquerour for the good of the land to prevent its utter ruine destruction And if the answer shall as certainly it will be negative then it is beyond all question that the sentence execution of this worthy noble Man upon this sole account shall be matter of astonishment to all that hear of it know the cause thereof Thus a great prince falleth within five dayes therafter a great prophet falleth as shall be shown in the next section SECTION V. The groundes of the suffering of Mr Iames Guthry Minister at Sterlin who was executed the first Day of Iune 1661. examined AFter the parliament is assembled Mr Iames Guthry minister at Sterlin who was one of those ministers who were incarcerated for the cause above mentioned Sect. 3. who after some weeks imprisonement in the castle of Edenburgh was carryed thence imprisoned in Dundee from thence is sent for by the parliament impannalled before them being accused of high treason He was a man who had been honoured of God to be zealous singularly faithfull in carrying on the work of reformation had carryed himself streightly under all changes revolutions because he had been such an eminent one he must live no longer for he is condemned to die most basely handled as if he had been a notorious thief oâ—… malefactor he is hanged afterward his head is stuck up upon one of the ports of the city of Edinbrugh where it abideth unto this day preaching the shamefull defection of these who dealt thus with him calling to all who goe out in at the gate of the city to remember their covenant with God for which he died a martyr But it is like many will think it behoved to be some great crime for which this eminent servant of the Lord was thus handled but what if it be no such crime yea what if it was a duty for which he was thus put to suffer Reader thou shall hear ir then thou mayest judge Some ten years before he was challenged by the King his councell for a doctrinall thesis which he had maintained spoken to in sermon because he found them incompetent judges in matters purely ecclesiasticall such as is the examination and censureing of doctrinall poynts primo instanti he did decline them upon that account This is his crime for this he is condemned as guilty of high treason this will be the more wonderfull if thou consider how as thou hast heard many worthy precious servants of christ did decline the King his councell in the dayes of King Iames such as Mr Baleanqual Mr Melvin Mr Blake Mr Welch Mr Forbes others as incompetent judges in causes meerly ecclesiasticke and yet ther was never one of them put to death It is true there was an act of Parliament Anno 1584. dischargeing such declinatures under the paine of treason but the very next year Anâ—…o 1585. King Iames himself did emit a declaration shewing that he for his pairt should never that his posterity ought never to cite summond or apprehend any paster for matters of doctrine in religion salvation heresies or true interpretation of scripture but avoucheth it to be a mater meerly ecclesiasticall altogether impertinent to his calling Which though not equivalent to an Act of parliament yet whether
year 1662. or in time comeing as having no right thereto and that they do not acknowledge them for their lawfull pastours in repaireing to their sermones under the paine of being punished as frequenters of private conventicles meetings commanding chargeing the saids Ministers to remove themselves their families out of their parishes betuixt the first day of Novemb. thereafter not to reside within the bounds of their respective presbyteries This was very sad threatening no lesse then ruine to Ministers and their poor families to be put from their houses in the middest of winter to seek new places of abode not having the small stipend which was due to them allowed for to transport their families with all or to provide themselves in necessaries But yet they resolved to cast themselves on Gods providence trusting in his word accounting it better to suffer affliction with the people of God to enjoy peace of conscience then to enjoy the pleasures of sin for a season and accordingly did remove themselves By which meanes there were some hundereds of parishes left destitute the shepherds were scattered up down the land seeking a sheltering place for themselves It was a sad lamentable sight to see the sad farewell betwixt the loving pastor his beloved floke the teares the cryes and the bitter groanes that were there Now were the breasts pulled from the mouthes of the young infants the table was drawne the people were made to wander up downe the mountaines seeking the word of the Lord could not finde it they had silent Sabbaths empty pulpites some countrey sides were hereby laid utterly desolate And what could these faithfull Ministers do in this case but sigh groan to God seeing they could not in conscience yeeld obedience unto these commands therefore they resolved to be subject for conscience sake and to submit unto the punishment of banishment out of the bounds of the presbytery where they lived which was afterward made more sad for they were commanded to remove Twenty miles from their own parish Church Six miles from a a cathedrall three or foure miles from a brugh Now judge o reader whether this cruelty would not have more beseemed Turks how little cause there was for all this severity rigour to Ministers who had been endeavouring with some measure of faithfulnesse On their part fruitfulnesse through the Lor'ds blessing on their labours to enlarge the Kingdome of Iesus Christ to build up poor souls in their most holy faith because they would not give obedience unto such Acts as were but snares for the conscience to which obedience could not be yeelded without sin SECTION X. The oath of Alleagiance explained as to its civil part some reasons Against the taking thereof even upon that account adduced The act rescissory his Maj. prerogative canvassed AFter that there were some other Ministers whom the forementioned Acts did not reach removed out of some of the chief cities Brevi manu without any processe There are some wayes devised how moe of these might be removed with some colour or pretext therefore some Six or Seven were called before the Parliament at their second session and because they refused to take the oath which was tendered they were sentenced with banishment by act of Parliament ordained to remove off the Kingdome so soon as his Maj. commissioner should signify his minde the reanent But this sentence was not put in execution possibly because they saw an inconsistencie betuixt this deed an Act which they had made the former year in their first session By which all such as refuised to take that oath were to be uncapable of any publicke trust to be looked upon as persones disaffected to his Maj authority government this was all But in Decemb. 1662. The privy councell called some other Ministers before them tendered the oath unto them because of their refuiseing of the same they banished them out of all his Maj. dominions then gave them a bond to subscribe wherein they did binde themselves to remove out of all his Maj. dominions within a moneth not to returne under the paine of death otherwayes they would commit them to close imprisonment there keep them untill they had occasion to send them elswhere Whereupon these Ministers saw a necessity of subscribeing that bond of banishment Though it was very hard to binde themselves to remove within so short a time that in the midst of winter But strange it is that when the King himself by his oath at his coronation is bound to rule the land by the lawes and constitutions received therein This his councell which by the fundamentall lawes of the land as appeareth by the 12 Act of the 2 parliam of King Iames 4. whereby they are first established is to give his highness a true and essauld counsell in all matters concerning his Maj. and his realnie and to be responsall and accusable to the King and his estates of their counsell so is a judicatory subordinat unto the Parliament accountable to censur able by them would banish such as the lawes of the land did not account worthy of banishment whether they would do right if they should punish with death such a fault as by the Established lawes of the land deserved only to be punished by a fine or a summe of money let lawyers judge whether this be not an arbitrary illegall power which they have assumed any that considereth what is said the act 27. of the 2. Parliam of Char. 1. may judge possibly it was for this cause that they resuised to give an extract of their sentence although it was humbly craved But to clear what good grounds there were yet are for refuiseing to take that oath Let first the oath it self be considered compared with the former oath of alleagiance The oath now tendered is thus worded in the acts of this Parliament severall times I for testification of my faithfull obedience to my most gracious redoubted soveraigne Charles King of Great-Britaine france Irland c. affirme testify declare by this my solemne oath That I acknowledge my said soveraigne only supreme governour of this Kingdom over all persones in all causes that no forraigne prince power or state or person civill or â—…elesiasticke hath any jurisdiction power or superiority over the same and therefore do utterly reâ—…nce all forâ—…aigne power jurisdictions authorities shall at my out most power defend assist maintaine his Maj. jurisdiction foâ—…elaid against all deadly shall never decline his Maj. power jurisdiction as I shall answer to God This is the oath which they call the oath of alleagiance but is indeed very far different therefrom as will easily appear to any who will compare the same with that oath of alleagiance which King Iames treateth of in his dialogue
Printed records They declare that in their undertakings they should preferre no earthly consideration to their dutâ—…es for preserving of religion in Scotland in doctrine worshipe discipline government as it is already established to endeavvour to setle it in England Ireland according to the Covenant also in their answere to some committees of Shires they declare that they had nothing before their eyes in that undertaking but the preservation good of religion the endeavouring the setling of it in England Ireland according to the Covenant in the first place before all worldly respects his Maj. rescue from â—…his base imprisonment his re-establishment upon his throne in all his just powers the saiftie of this Kingdome from danger on all hands the preservation of the union brotherly correspondence betwixt the Kingdomes under the governement of his Maj. of his royall posterity according to the Covenant So that the gentleman the author of this pamphlet publisheth his mistakes to the world when he would inferre thus was this right that where our alleagiance binds us to duty to a greater latitude this should be held out to people as the only standard of their loyally duty to the King Was it found Doctrine to insinuat to the sense of intelligent men that we were not otherwise bound to defend him Was it well by such a clause to give occasion to wicked men to think they were no furder obliged to him then he should desend that which they accounted religion And that the folly of his consequencesmay furder appear it would be considered that there is a clear difference betwixt these two Owneing of the King defending his authority never but when he is actually owneing active for the cause interest of Christ And owneing of the King defending his authority alwayes but when he is in actuall opposition in a stated contradiction to the work interest of Christ So is there a difference betwixt these two Non-concurrence in defending promoveing of the King's authority when he is opposeing the work of God And actuall anulling diminishing or utter overthrowing of his power authority when he is so stated And so when the Covenanters say That they are not bound to contribute their power in their places capacities to promove or defend his Maj. power authority when he is in a stated opposition to the work of God when the advanceing of him to his full power authority would cetanely tend to the ruine desruction of the cause people of God yet they do not say that they are never bound to defend him but when he is actually promoveing advanceing the work of God according to his full power place Nor do they say that when he opposeth the work of God they are at liberty to destroy his person or to spoile rob him of all his just power authority And therefore both that clause in the Covenant their proceedings may be abundantly justified without laying down any ground for the taking away of the late King's life without clashing with or contradicting the confessions of protestant Churches or of their owne soâ—… still they acknowledge that difference in Religion doth not make void the Magistrat's just legall Authority not free the people from subjection But that this may be a little more clear let this example be considered A Father turneth phrenticke mad seeketh to destroy the whole family calling for a sword liberty to execute his cruelty His sones rise up binde his hands withhold the sword from him withall sweare to stand together in their own defence to defend their Father's just right power in the defence of the family Now in this case can any say that they were undutifull children or that their covenanting so adding that clause in the Covenant sayeth they were free to cast off the relation that is betwixt him them except he guide the family in all poynts as they would have him doing No in no wayes Here then it is clear that their refuseing to put the sword in their Father's hand while under this distemper is no act of undutifulnesse It is no lessening of the Father's just power over the family nor doth it say that they thinke themselves not bound to owne him as a Father except when he is actively promoveing the good of the family far lesse doth it say that they think because of this distemper they may destroy him or that the relation betwixt them him is broken up for ever So then though this Advocat thought he had a faire sield to walk upon a faire occasion to vent his anger against that Church to make her odious to all Churches about yet wise men who easily see that there is no such strong relation betwixt King subjects as betwixt Parents Children will acknowledge that his ranting is without reall ground And that Scotland in their treaties with the King at the Hage at Breda in their actions at home did nothing but what they may hold up their faces for both before God Man doing nothing herein which either contradicteth their own confession of faith or the confession of faith of other Churches Not their own confession of faith For if the large confession of faith be viewed which was approved by the Parliament insert in their registres In that head of the civill Magistrate these words shall be found We confesse and avow that such at resist the supreme power doing that thing which appertaineth to his charge do resist God's ordinance and therefore cannot be guiltlesse furder we affirme that whosoever deny unto them their aide counsell and comfort whiles the Princes and rulers vigilantly travell in execution of their office that the same men deny their help support and counsell to God who by the presence of his lifetenant doth crave it of them So that all the resisting which is there condemned is resisting of him while doing his duty executing his office not while he is seaking to destroy Religion the interests of Christ. Nor the confession of other Churches for in the former confession of Helvetia upon that head of the civill Magistrate they say as it is in the English edition We know that though we be free we ought wholly in a true faith holily to submit ourselves to the Magistrate both with our body and with all our goods and endeavour of minde also to performe faithfulnesse and the oath which we made to him so far forth N. B. as his government is not evidently repugnant to him for whose sake we do reverence the Magistrate So the French in their confession Art 40. say 〈◊〉 must willingly suffer the yocke of subjection although the Magistrats be infidels so that N. B. the soveraigne Authority of God do remaine whole and entire and nothing diminished And which is worth the noticeing the practice of
AN Apologeticall Relation Of the particular sufferings of the faithfull Mâ—…nisters professours of the Church of Scotland since August 1660. Wherein severall questions usefull for the time are discussed The King 's preroâ—…gative over Parliaments people soberly enquired into The lawfulnes of defensive war cleared The supreme Magistrats power in Church matters examined Mr Stilling fleet 's notion concerning the divine right of formes of Church Government considered The author of thâ—… seasonable case answered other particulars such as the hearing of the Curats appearing before the high commission court c. canvassed Together with the rise reigne ruine of the former 〈◊〉 lats in Scotland Being A brieff account from History of the Government of the Church of Scotland from the beginning of the many troubles which Prelats have created to her first last For satisfaction of strangers incouragement of present 〈◊〉 By a well wisher to the good old cause JER 50 34. Their Redeemer is strong The Lord of hosts is his 〈◊〉 〈◊〉 shall thorówly plead their cause that he may give rest to the land 〈◊〉 quiet the inhabitants of Babylon MIC 7 9 10. I will bear the indignation of the Lord because I have sumed 〈◊〉 him untill he plead my cause execute Iudgement for me â—…e 〈◊〉 bring me fâ—…rth to light I shall behold his righteousnes then sheâ—… that 〈◊〉 mine enemy shall see it shame shall cover her which said unto me 〈◊〉 is the Lord thy God Mine eyes shall behold her now shall she be 〈◊〉 down as the mire of the streets ISA. 51 22 23. Thus saith the Lord thy God that pleadeth the cause of his people Behold I have taken out of thine hand the cup of trembling 〈◊〉 the dregs of the cup of my fury thou shalt no more drink it again But I â—…ll put it into the hand of them who afflict thee which have said to thy soule 〈◊〉 down that we may goe over thou hast laid thy body as the ground 〈◊〉 〈◊〉 â—…reas to them that went over Printed in the Yeer 1665 The Epistle to the READER Christian Reader This is a time wherein little or nothing is heard from the Churches of Christ all the world over but lamentation woeâ—… partly by reason of grievous afflictions sore persecution which is none of the worst conditions partly by reason of woefull and shamefull defection falling from former zeale integrity occasioned either by the temptations which usually attend sharpe tryalls of affliction whereby the weakness of many perversness of heart in moe is discovered Or without any such force of externall temptation from an inward decay of life love wearying of God his wayes the Worst condition that a Church can be in which is now the Epidemicall plague of this age Hence it is that the Lord seemeth to be angry with all ready to reject some of his Churches which to him are as a generation of his wrath Have not his people set up their abominations in the house which is called by his name to pollute it And may it not be feared that the curse shall devoure the earth they that dwell therein shall be made desolate because they have transgressed the lawes changed the ordinances broken the everlasting Covenant There appeareth now hanging over the head of the poor little flock of Christ a black dreadfull cloud threatning no lesse then utter ruine overthrow or at least speaking a loude alarme for awaking the secure sleâ—…ping Bride It is most sad to behold how little the Churches of Christ in every place are affected with this imminent stroke ready to light on all to see some of them quiet at rest singing a requiem to themselves as if though dispensations from the Lord doe speak the contrary to all who will but open their eyes their mountaine stood so strong as never to be moved This deadness deepe security when all things speak an approaching storme as it doth evidence a great Judgement spirituall plague from God upon the Spirits of people so it dothpresage no less then remediless â—…uine if God in the riches of his mercy prevent it not What a dreadfull night of confusion astonishment must be at hand when there is such blackness without And such deadness prodigious security within Are not the enemies of the Church as Gebal Ammen Amalek The Philistines those of â—…yre Assur the Children of Lot who are early late at their master's work devising plotting the ruine destruction of the interest Kingdome of Christ Are they not all combined together acted with the same Spirit of Antichrist for this very end purpose to helpe forward as with one shoulder to raise up his fallen interest heale his wound And are they not setting themselves to thrust King Iesus from his throne to put the crowne from his head the scepter out of his hand so to prey upon devour his little flock that if it were possible they should be no more a nation nor their name remembered any more And are they not about the swallowing up of the protestant interest as in a moment And what is the Church of Christ doing all this while Doth she stir up her selfe to call upon her head husband or to awake the watch man of Isreal who neither slumbereth nor sleepeth Is she upon her watch-tower looking out guarding against the approaching enemy or observing his motions Ah not so She is fast a sleepe while the enemy is within the walls And which is more sad lamentable with her own hands she hath helped to make the breach in the wall at which the enemy hath entered now hath faire advantage given him to accomplish his bloody designe against the protestant cause interest So little hath she gained by her sinfull compliance with the opinions practises of Antichristian men whether through base feare or carnall prudence even the cutting of it off And the bringing of his people back againe unto Babylon Who knoweth but though the Lord's enemies shall at last be troden under as straw for the dunghill he shall spread forth his hands in the midst of them as he that swimmeth spreadeth forth his hands to swim bring down their pride together with the spoiles of their hands lay low in the dust bring to the ground even the high fortresse of their wall so make all his enemies know that there is a King in Zion who shall must reigne untill all his foes be made his footstoole the onely wise God who knoweth how to turne every thing to the best may suffer the adversaries to prosper in their device designe so give up many of the people called by his name to the sword of the enemy that others may be alarmed awaked from their sleep put to their prayers even to calling upon God with their whole heart
necessary expedient this or some other may be published to the world in Latine with lesse prejudice to the present sufferers Next some may think that severall questions here handled might have been forborne especially such as touch upon the civil Magistrat his power prerogative seing in all probability he shall be the more enraged thereby It is true Higher powers will not take well such free round dealing But what â—…medy is there Amicus Plato Amicus 〈◊〉 sed 〈◊〉 â—…mica vâ—…ritas it had been a just ground of offence If to please the higher powers truth had been betrayed when necessity did call for witnessing unto it The interest of Christ is much more to be valued Then the pretended imaginary interests of the highest powers on earth The work of God ought to be justified who ever be offended therewith And when many of the Lords worthy pretious ones have adventured layd downe their lives in the carrying on of such a work unto which they were called of God can it give just offence to any to heare it now pleaded for because it is maligâ—…ed blasphemed yea such an essay as this in defence justification thereof at such a time should in reason be accounted the more seasonable necessary If there be any unbeseeming expressions or savouring of passion these shall willingly be disowned provideing that the cause suffer no prejudice thereby knowing that the wrath of man worketh not the righteousnes of God And that no railing accusation or speaking evill of dignities which is condemned in the word ought to be approved Yea the reader shall find upon narrow search considering the matter that much more plainnesse sharpenesse might have been used in such a dispute And that as much inoffensivenesâ—… hath been studied as might be without hurt to the cause And that purposely many particulars which might have been mentioned have beene passed by And that no particulars have been pitched upon but such as are still upon record in their printed Acts or were publickly acted concluded in their publick meetings And as to these consequences drawn from their Acts actings which appeare dangerous destructive to the throne let such as have laid the foundation in the premises see to that ex veris nilnisi verum Who give twice two cannot be justly offended with any who shall thence conclude that they give foure whether the Consequences be cleare undenyable or not the reader now hath it before him to judge As to the Kings supremacy in Church matters no truely reformed divine can justly take any exception against that which is here spoken upon that head The priviledges of the crowne scepter of christ should be highly valued earnestly contended for by all who call account themselves Christians a discourse or debate on that subject cannot but be accounted necesâ—…y at this time when the powers of the earth as would appeare have combined together to rob Christ of his crowne to share his priviledges amongst themselves to the great scandall of the Gospel prejudice of the Kingdome interest of Christ in souls through the world Further it is like some would have wished that the historical part contained in the first second sections had been much more large Such may know that brevity was studied as much as could be all alongs yea so much that it may be feared the reader shall thinke it the more unpleasant in reading that the scope intendment of that part of the tractare was only to give a hint of the many various troubles which prelats from the beginning had created unto that Church by what steps wayes she was brought under their yoke so that a large history could not be expected It is true such a worke as that would be both most seasonable usefull in this juncture of time And it were to be wished that such as have the History penned by the learned industrious Mr Calderwâ—…od would think upon the most ready effectuall way for publishing it that the world may have a full clear satisfactory view of the many tossings which that poor Church hath endured the many wrestlings which she had with a popish prelaticall malignant party from the beginning Meanwhile Mr Knox Mr Peâ—…ree their Histories Vindâ—…ciae Epistolae Philadelphi Printed with altare damascenum Mr Spang's Historia motuum c. the Nullity of perth assembly the course of conformity such other printed pieces together with the Printed Acts of generall assemblies since the yeer 1638. will give some light to such as peruse the same Many no doubt will think it strange that there is no mention made here of the sufferings of that worthy renowned instrument of the worke of reformation the zealous faithfull Lord Warisâ—…oun As to this the reader may know that this was occasioned onely through the want of a full information of his case of the grounds on which the Parl. did goe in takeing away his life condemning him to death as some notorious malefactour to be hanged his head fixed on the port of Edinburgh near to the head of worthy famous Mr Guthry who speaketh when dead This know that after the King's returne to England And after the imprisonment of the truely noble Marquis of Argyle in the Tower of London he sent orders to Scotland to cause apprehend him some others but he receiveing intelligence hereof did withdraw by the good hand of God was secretly conveighed out of the Kingdome upon which the Parliament when assembled did declare him fugitive So that he was necessitated still to withdraw knowing that for the good service he had done to Christ evill was determined against him if he should fall into their hands which afterward came to pasle It is certaine also that while he was abroad at Hamburgh visited with sore sicknes one Dr Bates one of the King's Phisitians worthy to be cast unto the bates rather then to live amongst Christians Intending to kill him contrary to his faith office did prescribe unto him poison for Physick and then caused draw from this Melancholy-Patient sixty unces of blood whereby though the Lord did wonderfully preserve his life he was brought neer the gates of death made in a manner no man Having lost his memory so that he could not remember what he had done or said a quarter of an houre before In which condition he continued till his dying day but all this did not satisfy his cruel bloodthirsting enemies he was sought after carefully at length given up apprehended at Rowan in France sent to England where he did continue a prisoner in the Towre of London untill the last session of Parl. in Scotland Anno 1663. Where even when he was not able to speak in his own defence being to the conviction of his adversaries no man far much different from that Lord Warisâ—…oun
noble just much owned honoured of God There is the greater ground of hope that God will helpe such as shall undertake the defence thereof the cavils of men who may be looked upon as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in most of these particulars are tâ—…e lesse to be feared But Christian reader what entertainment so ever it shall have with these who have out lived their zeale integrity have shamefully declined in the day of tryall And have betrayed the cause interest of Christ therefore shall looke upon themselves as not a little concerned herein pinched hereby being unwilling to have their evils ript up laid open to the view of the world Let it have a Christian entertâ—…inment with thee though it come late to thy hands through the injurie of the times let it not be the lesse welcome If the Lord shall be pleased to blesse it it may be of use for thy strengthning in this growing storme upon severall accounts grounds whereof I hint but a few 1. By what is said here thou mayest see that the cause thou sufferest for is the good old cause That same Spirit which acted the Prelats other enemies of the Church of Scotland from the beginning is now raging in her present enemies The same designe is hath been endeavoured driven on all a longs How various so ever the pretexts colours have been under which they have sought to cover themselves the covering hath proved too narrow for them first prelacy then popery was intend first last It is the same cause in the defence of which Christs worthies of old did act suffer so long as they could stand in the defence whereof they were not afrayed to beare the displeasure of King court to hazard life liberty all which waâ—… dear unto them If then the same Spirit doth act worke in the enemies of the Church now which did act worke in their predecessours of old pray thou that the same Spirit of God may act thee all the faithfull of the land which did appeare in the worthy valiant Champions of old whether thou be called to act or suffer for his sake 2. Thou mayest know from what is here related that the cause for which thou art now suffering was brought very low before these times And that the adversaries thereof have often got up to a great height yet the good cause hath got above them And how Acts of Parliament one after another all the devices of the adversary to seale the grave And to make it sure could not keep this cause of Christ from a glorious resurrection Many a time have they afflicted me from my youth might the Church of Scotland then have said many a time have they afflicted me from my youth yet have they not prevailed against me The plowers plowed upon my back made long their furrowes The Lord is righteous he hath cut asunder the coards of the wicked And shall it not yet hold true that all they who hate Zion shall be confounded turned back be made as the grasse upon the house topes which withereth be fore it be grown up There is no cause of despondency of spirit or of giving over the cause as lost there is hope in Israel concerning this matter his people may still hope trust in his name who hath wrought salvation of old He who did put that wicked party to shame confusion of face in former times made the name of Prelats to stink their posterity to be as cursed vagabonds wandering up down bearing the marks of god's displeasure still liveth reigneth doth no more approve of the Ungodly of this generation Nor of their more then barbarous carriage who have laboured to out strip their predecessours in perfidious treachery Then he did them who of old did set themselves against the Lord his Christ yea much lesse It is true the men of this generation think they have pins for stopping of such holes which their predecessours could not stop but he who sitteth in the heavens doth laugh at them hath them in derision He seeth that their day is coming It is easie with him to cause the sword which they have drawn to slay such as are of upright conversation enter into their own hearts to break the bowes which they have bent to cast down the poor needy Our God liveth reigneth shall reigne let Kings of clay rage as they will Therefore cast not away your confidence which hath a great recompence of reward for yee have need of patience that after ye have done the will of God ye may receâ—…ve the promise For yet a little while he that shall come will come will not tarry 3. Thou mayestsee that this cause work against which the wicked have conspired set themselves hath been signally owned approved of by the Lord for which he hath fought 〈◊〉 his right hand done valiantly whereby he hath got himself a name among the nations And who knoweth what God will yet doe for his great name which in this day of rebuke blasphemy is greatly reproached Hath he begun will he not finish his worke It is true the provocations of his people doe keep them long in the wildernes yet he who hath frequently wrought for his names sake that it should not be blasphemed amongst the heathen will still be tender of the same sith at this day there is much blasphemy belched forth by persons of all ranks against the great glorious works of God as much if not more then at any time or in any age wherein hath been lesse light The people of God need not be hopelesse much lesse conclude That God who is jealous of his own glory will not give it to another will suffer it now to be given to the devil on whom his work is fathered But rather will certanely be avenged on those prodigiously unparallelably impious sacrilegious persons How dreadfull a thing is it to say that Christ casteth out devils by Beelzebub the prince of devils 4. Thou mayest see clearly that the cause for which thou dost now suffer is the cause of Christ His enemies would pul the crown from off his head the scepter out of his hand by this meanes make him no King in over his Church consequently no mediatour For as mediatour he is a King in over his Kingdome that is his Church in which he dwelleth over which he ruleth with his scepter of righteousnesse They will not have his Kingdome a free Kingdome consequently they will not have him a free King They will not allow to him the liberty of appoynting or instituteing his own officers or to rule his Kingdome by his owne lawes courts ordinances censures Nor will they suffer Church-administrations to be performed in his name authority as in
were sworne to maintaine according to their place power their lives lands possessions liberties as scottish men as Christians into the hands of their implacable enemies Were these valient worthies now living who are gone off the stage with honour credite heating seeing what they might now heare see how would they stand astonished at this degenerated generation that so easily quite with that which they did lose their blood lives to purchase obtaine Yea to see or heare the self same persons who but twelue or Sixteen years ago were jeoparding their lives with them for the same cause either condemning that practice or carrying themselves so indifferently now as if these matters appeared but tâ—…islles not worth the contending for Whosoever they be who now seem to be ashamed of that cause of themselves in contributeing their help for the promoveing of the same It may be thought that it was not conscience that moved them thereunto but some other ends otherwayes their judgements would not so soon alter seing there is no other argument now seen but the winde changed from south to North which dispensation useth not to worke much upon consciences what ever it may do upon other principles If the former generations had been of such a cowardish disposition how had Scotland been delivered If they had walked upon no other principles but such as would have changed when the storme did beginne to blow upon their faces where had the land been ere now And if there be no other spirits in Scotland this day where may it be imagined shall that Church be found ere long 7. Thou mayest hereby be more enabled to disput against prelacy then possibly thou was having now seen how what way it was brought in into the Church formerly how it is ushered in to day And when it is established by force over the Churches belly how it proveth the bane of all Church order piety edification And this is a strong argument to prevaile with such as have the root of the matter in them enough to make them question such a way as no way of Christ's To say that the abuse of the power by such as are in possession of it will not plead much against the power it self will be of â—…o fore in this case where the jus of the power cannot pretend heigher then to be humanum And if its admirers should alledge that it is founded upon a jus divinum These necessary consequences as so many propria quarto medo will sufficiently ground an improbation Scotland never saw prelates without such a long traine of hellish consequences discovering to any judicious eye their rise to be from below And if the prelats now in place had thought it of their concernment they might have cut off that long taile but it seemeth if they had done so they would have lost somewhat that they thought essentiall to themselves therefore as if they had thought all the abuse whereof their predecessours were guilty was their too much lenity forbearing to persecute the godly banish piety They have made the poor Church feel that their little finger is heavier then the loynes of their forefathers And so the argument of the vulgar is confirmed with a witnesse become more unanswerable then ever 8. Thou mayest likewise have arguments put into thy mouth whereby to defend thine own practices in standing to thy former principles stope the mouth of thine adversaries before thou was willing to suffer for Christ his interest though thou could not disput much for him his truth that was a great evidence of love And now thou mayest get some help in disputing for the truth by the arguments set down in the following sheets And the few arguments which thou will finde there may bring others to thy minde thus thou mayest be helped to meet thine adversary without fear 9. But if these adversaries be of such a disposition as to take advantage of thy speaking or argueing for truth to bring thee into trouble therefore in prudence thou will think it best to keep silence Thou mavest here by be confirmed in thine own minde of the unlawfulnesse of such courses as the current of the times would draw thee unto as it doth others how unjustly thou art persecuted for refuseing to comply with such sinfull wayes And further because it is like the malice of Satan his instruments will not rest here but they will still be deviseing new wayes to lay snares for the consciences of such as walk uprightly by what is said to the particulars handled in the following sheets thou mayest be helped to judge of new emergent questions which thou mayest be exercised with afterward so to know how thou oughtest to carry thy self in reference to these new tryals 10. Thou mayest have some ground of hope That the Lord's end in suffering this sudden sad Change to continue so long is but to juâ—…ge more fully his Church from the much drosse corruption which otherwayes in all probability had never been purged away It is possible that these by-past yeers of prosperity her most afflicted condition being a prosperous state when compared with her present condition have done the Church of Scoâ—…l more harm by reason of corruption within then many yeers of sad adversity shall do The former prelats had a time before they came to their height all those many yeers wherein hâ—…y were on the riseing hand after they came to the possession of their full power the Lord was trying purging his Church And at length when his time came who waiteth that he may be gracious loseth not a fit opportunity of doing good to his Church people he brought the Church of Scotland out of the furnace laid her stones with faire colours her foundations with Saphites So that the yeers 1638 1639 were as glorious years as any which she hath seen since And these prelats though they have made great haste in their rise yet must have some time to do that work in which the Lord is imploying them as his lixes one day discovereth more now then a yeer formerly could have done One prelat blessed be the Lord who is master of work doth more then many purging committees could do Why then should we weary We know not what the Lord is about to do but when we consider what were his dispensations in former times unto that Church we may now hope that he will bring the Church of Scotland out of the furnace as faire beautifull as ever if not more So that these who saw the foundation of the old temple laid An. 1638. c. Shall not have cause to weep when they see her foundations laid of new the Lord reviveing the stones out of the rubbish which are burnt If his people were humbled did not stand in the way of their own mercies who can tell what
men look upon them account them no better then their slaves underlings And would acknowledge God's equity justice in this dispensation at length see mourne for their sinne which is so legibly as with capital characters written upon their judgment May it not come to passe that these Zelots for prelacy shall weary of this yoke wish as earnestly for the day wherein they may be delivered from this bondage as ever they did longe for the day wherein they might have their necks brought from under the sweet gentle yoke of Christ May not the peers body of the Land come at length to supplicate his majesty to loose this yoke from off their necks when their Scottish some time generous spirits shall not be able any longer to endure such unsufferable slavery This is not impossible nay nor improbable Though it were to be wished That they might Act that way upon some other principles principles of piety godly tendernesse That seèing their injury done to Christ in shaking off his governement lawes willingly following after the commandements of men mourning therefore they might lament after the Lord seek him with the whole heart engadge themselves in a Covenant with the Lord to be for him to the utmost of their power bring the land back againe to seek the Lord God of their fathers that he may have mercy upon them heal their backslideings builde up the walls of his Church make her a praise in the earth But whether the Nobles other inhabitants of the Land shall think of these indignities seek for a remedy or couch under the burden as ashamed once to desire to have the yoke shaken off which they themselves with so great delight deligence have fastened about their necks with their own handâ—… Yet it doth well become the godly of the land to be sensible of the great grievous wrongs which are done unto Christ to his Church work to cry out continually complean of these oppressions unto the Lord who will hear the cry of the oppressed will be a refuge for them judge them that the man of the earth may no more oppresse when now he seeth that she is oppressed without cause to watch carefully that the continuance of the tryall oppression weare not out the sense of these incroachments intolerable pressures lying upon the Church upon the consciences of the Lord's people And that no deadnesse seize upon them but that still the memory of the good old cause be fresh with them pressing them dayly to renew their earnest supplications to wrestle seriously with God that he would be pleased in his own good time to break the yoke of the oppressour according to his promise Isa. 49 25 26. Take away the captives from the mighty and deliver the prey from the terrible and contend with them that contend with his Church save his children and feed those that oppresse them with their own flesh and make them drunken with their own blood as with sweet wine That all flesh may knâ—…w that â—…e the Lord is their saviour ând their redeemer the mighty one of Iacob He hath said that for the oppression of the poor and for the sighing of the needy he will arise and set him in saifty from him who pusseth as him The words of the Lord are pure words as silver tryed in a furnace of earth purified seven times Therefore his people are called to waite upon the Lord. The vision may yet be for an appoynted time but at the end it will speak not lie though it tarry they must wait for it because it will surely come will not taâ—…ry His people are called now to minde duty to look what the time the opportunity the dispensation under which they are at present calleth for It is not good for them to be slacking their diligence but rather they should waxe strong in the Lord in the power of his might It is not good for them to faint sit up now as overcome with impatience hopelesse despondency of spirit but patience should have its perfect work Be stedfast therefore dearly beloved unmoveable alwayes abounding in the work of the Lord Forasmuch as you know your labour is not in vaine in the Lord. Now to him that is of power to stablish you to God only wise be glory for ever through Jesus Christ AMEN AD LECTOREM SVb pedibus LunaÌ„ Mulier nunc calcat amicta Sole caput stellae ceu diadema tegunt Conspicitur medio ut signum admirabile coelo Fixa velut medio petra decora Salo. Saepius incerto varia est ut Cynthia vultu Parte sui Semper totaque Saepe latet Fulgida Iusliti e nuper quae sole tenebris Mox velut infernis tecta sepulta jacet Firma licet Peâ—… maneant fundamina quassis Moenibus 〈◊〉 contremit ipsa domus Sidera lapsa polo capiti diadema revulsum Sponsaque Tulvereâ squallida sorde sedet Quisquis es haec totô qui non spectaveris orbe Exhibet hîc scenam Scotia moesta tibi Scotia quam varios casus sit passa procellis Quassa quibus quantis te docet ille liber Prasulis hîc mitrae pondus Regisque tiarae Penditur Christi jura bilance pari Invadit Christi regnum cum principe praesul Arrogat hic Regi quod rogat ipse Sibi Praesulis est Scotis relegandum nomen averno Prora quibus praesul puppis una mali est Hîc videas vicibus ternis quas infula strages Ediderit praesul Cerberus iste triceps Pontisicum primus fuit impetus iste retusus Evasit virgo quae fuit ante lupa Vistamen huic facta est vulpina fraude secunda Restiterat zelô plebs proceresque pio Tertius horrisici est nunc impetus ille Leonis Cernitur hic vulpes qui fuit ante Lupus Bestia bis cecidit bis cornua fracta revinxit Tertia certa feram vasta ruina manet Courteous reader ere thou read amend these Errata as followeth PAg. 4. l. 18. followers pag. 6. l. 24. Scotos p. 8. l. 9. ridiculous ib. l. 34. be p. 10. l. 34. he p. 14. l. 6. first r. fift p. 16. l. 34 effect p. 22. l. 30. dederent p. 24. l. 30. effectuall p. 29. l. 36. of p. 37. l. 22. this realme p. 42. l. 19. worthies r. worthy nobles p. 45. l. 36. of r. for p. 59. l. 14. be r the. p. 64. l. 29. chearfully p. 67. l. 31. overcometh pag. 73. lin 5. specious ibid. lin 29. effects pag. 78. lin 20. there r. their p. 80. l. 12. gentlemen ib. l. 20. perceive p. 85. l. 30. understood p 88. l. 22. 271. l. 26. this r his p. 91. l. 23. 132. l. 11. were r. where p. 109. l 13. scripture p. 110. l. 21. 202. l. 33. notion p. 125. l 21 together p.
135. l. 33. decrees r. doores p. 137. l. 30. Sect. 22. p. 145. l. 25. r. 1572 p 159. l. 31. they r. them p. 176. l. 27. belonging p. 183. l. 5. essentiall p. 186. l. 17 one r. once p. 187. l. 28. guiltlesse 〈◊〉 191. l. 11. 〈◊〉 p. 193. l. 22. taking p. 207. l 28. prohibition ib l. 32. pastours p. 224. l. 9. length p. 225. l. 1. be beleeved p. 239. l. 20. yeelded p. 248. l. 4. pastor p. 260. l. 5. is r. as ib. l. 16. ever r. over p. 280. l. 31. wrestle p. 289. l. 26. known p. 293. l. 21. civis p. 305 l. 5. â—…all r. call ib. l. 6. omce r. come p. 312. l 26. further p. 322. l. 31. though p. 331. l. 32. should p. 349. l. 18. which p. 350. l. 19. I will p. 351. l. peâ—…lt how the Carthaginians p. 362. l. 16. they r. their acts p. 364. l. 25. it is r. it s p. 366. l 3. his r. this ib. l. 8. twice here r. her p. 372. l. 34. way r. may p. 373. l. 30. his r. is p. 382. l. 9. his r. this p. 383 l. â—…3 made r. make p. 385. l. 8. the r. he p. 386. l. 22. countrey p. 387. l. 22. ib. l. 35 worldly p. 404. l. 9. no r. on pag. 419. 〈◊〉 10. ever over P. 126. l. 2. close the other parenthesis after Agust 22. p. 304. l. 6. in â—…ome copies r. may be most free Pag. 329. l. 21. 330. l. 8. 324. l. 25. 353. l. 10. dele lib. 5. Others of lesser moment through a letter wanting or redundant or one for 〈◊〉 or through a comma colon or the like misplaced or wanting thou mayest correct aâ—… thoureadest An Apologeticall Relation Of the particular sufferings of faithfull Ministers Professours of the Church of Scotland since Agust 1660. IT hath been the common lot of all the afflicted persecuted people of God in all ages to meet with sad bitter reproaches as a constant concomitant of their other sufferings Satan thinking it for his advantage to adde affliction to the afflicted to use his outmost endevour to break them with one sad exercice at the back of or together with another is not satisfied with stirring up sore persecution against them but endevoureth likways to load them with such reproaches calumnies as are able to break the heart of ingenuous single hearted persons And for this cause the Lords people in all ages have been put to intreat that he would clear vindicat them their actions from such foule aspersions make their innocency breake forth as the noon-day would direct them unto such ways means as might tend through his blessing to their rationall vindication befor the world Hence have proceeded the many Apologies defences which have been used of purpose to clear to the world the true ground cause of their sufferings to discover how groundless unjust those reproaches calumnies were which men whose hearts were full of wickedness tongues dipt in gall had vented for this end alone to render both them their just righteous cause odious to strangers And at this time there may be just cause to fear that the malice of that old enemy is not asleep that he is leaving no mean un-essayed to make the suffering Church of Scotland her cause odious in the eyes of forraigne protestant Churches to the end she may not onely misse be disappointed of that Christian sympathy fellow feeling which is expected of all the true membres of Christs body but also which is far worse be condemned through her sides the cause truth of God which ought to be more preâ—…ious to Christians then any thing else be put to suffer by this means the great works of God wherby he convincingly even to enemies did testify his approbation of the work of Reformation begun caryed on there these yeers bygone be called in question fathered upon the Devill which would be the hieght of iniquity being or at least bordering upon that unpardonable sin against the Holy Ghost charged upon the Pharisees Math. 12. But notwithstanding of all this travail which this old enemy his indefatigable under-agents are or have been at according to their custome to get the prejudices against that Church which they have laboured to beget in the mindes of strangers fomented so deeply rooted as that there'shall be no place â—…or her or any in her name to publish to the world any Apology or defence or a justification of her cause ground of present suffering It is expected that Christian Churches abroad have reserved one eare open to Christ his suffering followers that a true representation of the present case condition of that suffering Church shall be heartily welcomed by them whose eares have been hithertill filled with the clamorous outcryâ—…s of men who make no conscience of oaths let be of words who have learned exactly that lesson Caâ—…umniare audacter semper aliquid hâ—…rebit Heap up many slanders vent them with boldness audacity something will slick Though there be no ground for any to thinke that nighbour protestant Churches have so far drunken in prejudices against that Church or recâ—…eived such an impression from the misreports misrepresentations which her malitious adversaries have made as that an attempt of this nature shall seem altogether useless Yet this is certaine that the most lively demonstration representation of the present case condition of that Church that can be fallen upon shal not hold forth unto strangers forraigners such convincing light evidence of all maters there as a few days being ear ey-witnesses to all her present calamities compared with the days of old when the glory of the Lord appeared in the midst of her would do And therefor though as to such who are indeed strangers unto the great things which the Lord hath wonderfully begun carryed on in that Church small successe can be expected to follow such an interprise yet as to others whether Churches or persons of whom it cannot be but that there is a great number who have both heard wondered at the works of the righthand of the most High there have received much soul-refreshment from the report wishing earnestly supplicating for the like unto themselves longing for the day wherin they might see the Lords arme streached out with the like Reformation salvation unto other Churches about this undertaking will have its own use advantage And without all question silence at such a time as this might do much both to sadden the heart to stumble such as would be glad to hear of the stedfastness of the faithfull followers of Christ in that land for if there were none to open a mouth for her now nor any to plead her cause it might be thought that all had so far changed with
the times as to condemne their own former proceedings to intertaine strange unbeseeming thoughts of the wonderfull works of the righthand of the most High wrought among them so become ashamed of their cause durst not adventure to speake in their own justification Therefor being consident of the good acceptance which this undertaking shall meet with from compassionate Christianly affected churches people about persuaded that God whose interest Cause this is will in his own good time arise plead the same vindicate his work from all the aspersions calumnies of men by a reviving therof in the middest of the years a best irring of himself for the carying on of the same untill the copstone be put on therby give such ane unanswerable Apologie as shall be sufficient to stop the mouths of all adversaries to confirme his followers comfort the saddened hearts of his sufferers This present piece of worke was the more chearfully undertaken to the end beside what use the present suffering members of that church might make hereof for their own satisfaction incouragement strengthening in the Lord that such of the nighbour churches about whose ears have been filled with the slanderous reports to the vexing of their souls raised by the adversaries of that church caryed on by all the art of hell to the strengthening confirming of their ill cause may be undeceived rightly informed touching the truestate of affaires in that church And to this end it will be sufficient in the first place to give a short clear Historicall relation of the troubles which the former Prelats which were in that church did creat unto her both in their rising when they did come unto their hieght of the wonderfull maner of the Lords bringing them down casting them out of that land church with shame disgrace And then to give some vieu of the present state of that church by mentioning some particulars which are the grounds of the present sufferings of the people of God there clearing the equity justice of their cause who have choysed affliction rathen then sin when by this means it shall be seen from what an exellent desirable state that church is now fallen as in a moment into what a condition of wo lamentation she is now plunged all who are Christianly affected with the afflictions of Joseph may be moved to compassionat her case to sympathize with her if they can do no more be stirred up to minde that bleeding swooning almost expiring church of Scotland at the throne of grace SECTION I. Shewing how the church of Scotland was long governed without Prelats after what maner they did arise to their height there without the Churches consent IT is not unknown that according to the testimonie of Origen Tertullian the Scots did embrace the faith amongst the first probablie as Buchan sheweth they received it from some of Iohn's disciples who fled by reason of the persecution caused by that bloudy Domitian so that about the year 203. which was the 4 year of King Donald the first Christian Religion was publickly professed the King himself his Queen diverse of the Nobles being solemnely baptized after which he purposed to root out Heathenisme out of the Kingdome but was hindered by wars with the emperour Severus There after about the year 277 King Cratilinth intended a Reformation but was much hindered by the heathenish Priests called Druides from their sacrificing in groves under oaks as some suppose who by their subtyle insinuations power had much influence upon the people yet the Lord did seconde the intentions of this good King sent several worthy men both ministers privat Christians from the South parts of Britan where the Nynth Tenth Persecution under Aurelius Disclesian did rage these for their single retired life were called Culdees quasicultores Dei more probably then because of their living in Cels and this work continowed till about the year 360 then did meet with a great interruption by reason of civill wars wherby the land was wasted all thâ—… Scots banished untill about the year 420 when Fergus the second came into Scotland whose son Ewen sent for the exiled Culdees gave them great encouragement they did set themselves to their worke And this continowed untill about the year 452 when Palladius being sent into Britaine by Pope Celestin came into Scotland who by his subtile insinuationâ—… did gaine so much upon the simple people as that in a short time he moved them to consent unto a change of the governement of the church into Prelacy himself became the Arch prelate But befor this Palladius came Scotland never saw a Prelate if our ancient Historiographers be to be beleeved such as Balcus in his Historie of the Britons c. cent 14. cap 6. saying Ante palladium Scoti c. befor Palladius came the Scots had their Bishops ministers by the ministry of the word of God chosen by the suffrage of the people after the custome of those of Asia but those things did not please the Romanes Beda in his History of England Lib. 1. who sayeth Palladiuâ—… ad Scotos c. i. e. Palladius was sent unto the Scots who beleeved in Christ by Celestin the Pope of Rome as their first Bishop Prosper in his Chron ad An. 436 saying Ad Scotos c. i e. unto the Scots then beleeving in Christ Palladius is ordained by Pope Celestin sent thither the first Bishop Iohn Fordon in his Scottish Chronic. lib. 3. c. 8. saying Ante Palladis adventum c. i. e befor the coming of Palladius the Scots had for teachers of the faith ministers of the Sacraments presbiters onely or Monks following the customes of the primitive church Iohannes Major speaking of the same Palladius who sayeth per sacerdotes monaches c. i. e. the Scots were instructed in the Christian faith by Priests Monks without any Bishop and Buchanan who sayeth nam ad id usque tempus c. i. e. to that very time speaking of Palladius coming into Scotland changing the governement the churches were ruled by monks without Bishops It is true Spotiswood in his late History would make the world beleeve that in the dayes of the Culdees there was no governement in the Church of Scotland but Prelaticall because Boetius sayeth that those priests or Culdees were wont for their better governement to elect some out of their number by common suffrage to be chief principall among them without whose knowledge consent nothing was done in any mater of importance that the person so elected was called Scotorum Episcopus farther as if his bare dissenting from Buchan would be enongh to blast the reputation weaken the credite of that Renowned Historian he sayeth p. 7. of his History what warrant he i. e. Buchan
professeth repentance with such solemne obtestations as affected the whole Assembly Upon this the sentence is delayed the presbitery of Glasgow is appointed to advertise the provinciall Synod of Lothian who were ordained to excommunicate him in case he relapsed And as they feared so he returned to his vomit with violence intended to enter the pulpit when the presbitery according to the appointment of the Generall Assembly were beginning a processe against him the Laird of Minto provost of the Town presented a warrant from his Maj. to stay the processe when they were going on he pulleth forth Mr. Iohn Howeson minister at Cambuslang Moderator imprisoned him in the Tolbooth But for all this Mr. Montgomery is excommunicated by Mr. Iohn Davidson the same was intimated in all the Churches The council declareth the sentence null against this the Ministers of Edenburgh give open testimonies in their preaching for this cause they are commanded to remove out of the Town within the space of twenty fowre houres At this time there was an Assembly sitting at Edenburgh who send some of their number with a supplication to his Majesty wherein they shew That indeed he was the Head of the Commonwealth but onely a member of the Church as a châ—…f member he should have the chief care thereof but now it was not so thâ—…r decrees are resâ—…inded they are forced by his servants Ministers are drawâ—…e out of pulpits that he was playing the pope usurping both the swords and when they come present it unto the Council the Earle of Arran cryeth out if there were any that durst subscribe the same where upon Mr. Andro Melvin answereth we dare taking a penne out of the clerks hand sayeth to his brethren who were commissionated with him comeforward so he they did subscribe the same This storme is not yet blowne over for the next year 1583. Mr. Andro Melvin is summoned before the Council for saying in his preaching That ministers should presente to princes the example of their predecessours as Daniel did the exemple of Nebuchadnâ—…zar to Belteshar But now if any should hold forth what evill King James the third got by a company of flatterers it would be presently said that he had gone from his text must be accused of treasone But when he compeareth he declineth their judgement affâ—…ming that what was spoken in pulpit ought first to be tried by the presbytery that they could not in primâ instantià medle therewith But they proceed though they could get nothing proven for his declining he is commanded to the Castle of Edenburgh then to Blackness but being advertised of his danger by his friends he retireth unto Berwick Annâ—… 1584. the storme groweth to a height for in May there is a parliament suddainly conveened which dischargeth all Church judicatories giveth the King power over all causes civil and ecclesiastick dischargeth all declining of the King his Council in any mater civil or ecclesiastick under the paine of treason also all Ministers to meddle in sermons with the affairs of his Highness his Estate see act 129 130 131 134. of the 8. parl of King James sixt when Mr David Lindsay Minister at Leith was sent by his brâ—…thren to intreatâ—…the King to paâ—…e no act in prejudice of the Church he is committed to Blackness there detained prisoner 47. weeks And Mrs Andro Polwart Patrick Galloway Iames Carmichel are denounced rebels are forced to flee into England So are the Ministers of Edinburgh forced to retire leaving an Apology behinde them But for all this when the acts of this Parliament were publishing Mr Robert Pont protested taking Instruments that the Church should not be obliged to yeeld obedience thereunto being denounced rebell he fleth into England Now is Mr Montgomery established Bishop of Glasgow one Mr Adamson as naughty vicious as any is setled in St Andrews no sooner get they up their head but as soon they execute their tyranny rage against the rest of the Ministry compelling them to promise obedience to them as their ordinaries under the paine of banishment confinement imprisonement deposition sequestration of their stipends Whereupon many in this day of trial did faint subscribe thinking it a sufficient salvo to adde according to the Word of God but afterward mourned for it Now none durst pray for the Ministers who had fled under the paine of treason so dark a day was this But neer the end of the next year there is a change as Court the Ministers returne a Parliament is called at Lithgow but nothing is done in favours oâ—… the Church At length 1586. the King was desirous to have some setling in the Church appointeth a Conference in February at Halyâ—…od house where some articles were drawne up referred to the General Assembly As 1. That the Bishop should have a care of one flock 2. That some Ministers should be added to him without whose counsell he should do nothing 3. His doctrine should be examined by the meeting 4. His power should be of Order not of Jurisdiction 5. Beside his own Church he might have the inspection of moe when the Assembly meeteth in May they could not assent to all these articles yet at length seeing they could not have all which they desired they accorde to this that both Bishops and Commissioners should be subject to the triall of the Generall Assembly that where they did reside they should moderate provinciall Synods Presbyteries in the meane time the order of the Presbyteries was sett down they proceed to examine the processe of Mr Adamson who had declined the provincial Synod of St Andrews he submitteth And the next year Anno 1587. Mr Montgomery resigned his place so was absolved from the sentence of Excommunication by the Assembly When the Parliament doth conveen this year Anno 1587. there are some Prelats who would sit there in name of the Church but when the Church perceived this Mrs David Lindsay Robert Pont were sent to desire that they might be removed as having no authority from the Church the most of them no function in it at all The prelats finding themselves now in a staggering condition thought it was their best to ingratiate themselves in his Majesties favour thereby secure themselves in their places therefore condiscended unto the Act of Annexation of all the Temporalites of benefices unto the Crown which was a dilapidating of the Church rents It is true Spotiswood putteth another face upon this busines in his History but the man could change with the times speake another thing in his English History then he durst speak in his Latine refutation for there he sayeth In summâ Ecclesiasticorum persidià proximis Comitâ—…is Anno 1587. transacta decreto ordinum actibus intervenientibus insinuata Nam Episcopi durissima quaeque à fratrâ—…bus
Maj. in his letter viz that there should be constant moderators in presbyteries chosen that where the bishops did reside they should moderate both in Synods presbyteries is concluded some cautions added but to no purpose for there was a clause annexed which did cast all loose viz that if either upon his Maj. advyce proposition to the assembly or upon their own supplication the Generall assembly were moved to grant a relaxation of any of the Caveats that then their promise should make no derogation to their liberty Synods presbyteries refused to owne this Act but at length were charged to obey under the paine of treason Anno 1608. There was another Assembly at Lithgow July 26. but did no good thereafter there were some conferences at Falkland Sterlin but to no purpose the intended businesse was still carried on Anno 1610. Juny 6. There is a meeting at Glasgow unto which resorteth all the constant Maderators who had their hundreth pounds per annum and they bring with them other two ministers such as they liked whom the king desired by his letters The king had three Commissioners there The Earle of Dumber was sent thither with a strong guard to affright the ministers so as severall ministers coming out of the west with a purpose to protest were forced to returne back againe There was also money brought thither to hire votes Mr Spotiswood sayeth it was to pay the constant Moderators their due But Mr Lawder in Coberspath was no moderator yet he came to the Earle complained that though he travailed furdest and had least to live upon though his vote was as good as the best yet he was neglected to whom the Earle replyed that he was too late in coming asking his purse-master what was left he findeth there was nothing but seventeen Shillings Sterlin to give him Come sayeth Mr Lawder let me have it it will help to bear my charges homeward And the Non-liquets got nothing At this corrupt meeting it is concluded 1. That the indiction of all Generall Assemblies belonged to the king by the prerogative of his Crowne without his license all such meetings were unlawfull 2. That Synods should be moderated by the Prelats or some appointed by them 3. No excommunication or absolution without the Bishops approbation direction who is answerable to God to his Maj. for his proceedings 4. All presentations must be directed to the Prelats 5. That he with some associated should silence depose ministers 6 That every minister at his entry should swear obedience to his Maj. to his ordinary as it was ordained Anno 1571. 7. If any minister absente himself from the Bishops visitation he shall be suspended if he amend not deposed 8. That the exercises or quondam presbyteries should be moderated by the bishops or whom they will appoint And 9. That no minister speak against any of the foresaid acts in publick nor dispute about the equality or inequality of ministers This yeer also was the High Commission instituted proclamed by a Herald giving power to the Archbishops to depose excommunicat imprison fine confine for causes Ecclesiastick whether in Doctrine or manners whether in Noblemen ministers or common people When the meeting at Glasgow is dissolved Mr Spotiswood of Glasgow Mr Lamb of Brichen Mr Hamilton of Galloway go to London there are consecrated the 21 of Octob. when they returne they consecrate the rest then all of them domineer over the people over the faithfull ministers Anno 1612. a Parliament conveened which ratified all the acts of that meeting at Glasgow inserted in their Registers the oath which every minister at his admission was to swear thus I A B. admitted to the Kirk of D. testify declare in my conscience that the right excellent right High mighty Prince Iames the sixth by the grace of God King of Scotland c. is the onely lawfull supreme Governour of this Realme as well in matters Spiritual Ecclesiastick as in things temporall that no forraigne Prince State nor Potentate hath or ought to have any Jurisdiction Power Superiority Preheminence or authority Ecclesiasticall or Spirituall within Realme And therefore I utterly renunce forsake all forraigne Jurisdiction Power Superiorities authorities promise that from this forth I shall will bear faith true allaidgeance to his Highnesse his aires lawfull successours And to my power shall assist defend all Jurisdictions Privileges Preheminences authority granted belonging to his Highnesse his aires lawfull successours or united annexed to his Royall Crown And furder I acknowledge confesse to have to holde the said Church possession of the same under God of his Maj. his Crown Royall of this Realme And for the saids possessions I do homage presently to his Highnesse in your presence to his Majesty his aires lawfull successours shall be true So help me God And also I A B. now admitted to the Church of C. promiseth sweareth to E. F. Bishop of that Dioecy obedience to his successours in all things lawfull So help me God Anno 1616. There was a meeting of the ministers at Aberdeen appointing that a book of Common Prayer be made that children should be confirmed by the bishops or visitors in their name But the year before this the former commission for the High commission was renewed instead of the two Courts in the two Provinces of Saint Andrews Glasgow there is one appointed consisting of 55 or 56. one of the Archbishops is sine quo non he other five may do all Such as refuse to compeer are sisted by force by the Sherifs other magistrats They meddle with blasphemie heresy schisme errour Idolatry simony lotry absence from the Liturgy on holy Dayes perjury incest adultery fornication rapes clandestine marriages stricking of clergy men speaking against their meetings They have power to excommunicat silence depose sine imprison confine as long as they please the Secret Councell must pursue the contumacious as rebells Anno 1617. A Parliament conveeneth at which the King himself is present maketh an act That whatsoever his Maj. should determine in the externall governement of the Church with the advyce of the archbishops Bishops a competent number of the ministry should have the strength of a law when the honest ministry hear of this see thereby a door opened for bringing in all the English-popish Ceremonies they give in a Protestation against the same which when the king heareth he causeth the Clerk passe by that act when he was to read all the rest And now the king is violent for the Ceremonies chideth the Archbishops for not receiving the five articles as he commanded the former year and they promise to do it if he would indict a Generall assembly And upon Mr Galleway's undertaking the king indicteth a meeting at St
of one though their own father before their tyrannicall Court Now is there a black cloud over the Church for many years piety is dayly decaying formality profanity increasing the godly are mourning lamenting the wicked rejoyceing But the Prelats have not yet ended their purpose For Anno 1633. when King Charles was present at a Parliament there is an Act carried through but not without some opposition made thereunto by some of the Nobles granting power to his Maj. to command what habits he pleaseth for all men in office whether in Church or State that as a priviledge annexed to the Crowne by this means a door was opened to bring in the Surplice the Corner cap other trash These worthies being traduced by the Prelats as contemners of authority sowers of sedition in Church State procure the kings displeasure by their freedome For the king did not onely chide them openly but with his own hand he wrote down their names as disloyall subjects which made these Nobles thinke of drawing up a supplication which being drawn up by William Haig his Maj. solicitour was committed to the trust of the Earle of Rothes Lord Loudoun to present it as they found conveniency but they perceiving that it would not be well accepted resolved to keep it up But at length some way or other a copy thereof cometh to the Bishops hands they deliver it unto the king withall complaine of those Noble-men as standing in the way of his subjects yeelding chearfull obedience And upon their importunat requeests there is a Commission granted to certaine persons as a committee to proceed against the Authors abettors of that supplication as guilty of sedition treason Whereupon William Haig fleeth all his goods are confiscat Some Noblemen are questioned the Lord Balmerino who had the supplication in his custody is imprisoned at length condemned to die but obtaineth pardon Now the prelats do reigne there being none who durst peep or move a wing against them The Achprelate of Saint Andrews was Chancellour other eight of the prelats were in great places being either Lords of the privy Councell or Lords of the Exchequer being thus lifted up in power honour they are puffed up with pride what durst they not attempt now thinke they Therefore they proceed to do more wickedness draw up a book of Canons which was printed approven by the Kings Maj. all were commanded to obey the Bishops in all points By this book that which remained of presbyterian governement is taken away Parochiall Sessions Classicall Presbyteries are accounted Conventicles Ruleing Elders Deacons are cast out of the Church all Ecclesiasticall causes are brought only to the Pelats tribunall So were they about the drawing up of a Liturgy a Book of Ordination against which before ever they were printed or seen all were discharged to speak under the pain of Excommunication And at length the book of Common Prayer is published imposed on the Church by the kings command as the onely forme of publick divine worship Every Parish is commanded to have two at least of these books under the paine of horning being punished as rebells And a strict command cometh forth enjoyning the same to be used from Pasch forward Anno 1637. But some of the Prelats as of Rose Dumblaine did anticipate the day made use of it in their Cathedralls Others of the Prelats propone the matter to their Synods but the Ministers replyed that such a change should not be made without a Nationall Assembly but it was answered that they were the Representatives of the Church However some prelats gave Ministers liberty to advise untill Octob. but through the furious importunity of some a letter is procured from his Maj. commanding the useing of the Liturgy with all expedition in the Churches of Edinburgh The Ministers being called to see what they would do such as refused are presently suspended SECTION II. The way how the Lord brought down these Prelats the History continued IT was sad lamentable to see what a face the Church of Scotland had now No hedge of Discipline to keep the vineyaird from foxes wilde boars all the Discipline which was was tyrannie over consciences over mens persons estates profanitie was not curbed but encouraged Prelats themselves being chief in all those crying abhominations as will be cleared ere long yea that poor Church was now posteing fast to Rome The Prelats their underlings beside the points of Arminianisme which were accounted speciall pieces of their qualification did avow openly severall points of Popery so that it was taught publickly in the chief Citie That the Pope was not Antichrist And thus all things were growing worse the worship corrupted like to be corrupted more the mindes of people were filled with feares that God would depairt leave that Church altogether so thattheir case looked most deplorable desperat like But asoftentimes the Church people of God have found him who was the hope ofIsrael the Saviour thereof in times of trouble a ready help in time of need so did the poor Church of Scotland finde it now by experience that whē the storme was sorest it was neerest an end that this was as the darke houre before the dawning of the day for now the Lord awaketh as one after wine looketh through the cloud with Compassion on a long tossed sorely afflicted Church which had groaned under oppression of cruell task-masters till they could do no more sheweth that his hand was not shortened that it could not save but that he was the hearer of prayer that now his appointed time was come to take vengeance on his adversaries even the vengeance of his Temple And as ordinariely the Lords great works appear to carnall reason to be despicable at the beginning so the Lord began this great change alteration of affaires in that poor Church in a way that seemed not to promise much yet such a way it was as the hand of God was to be seen in it and seen carrying of it on wonderfully as shall appear In obedience to his Maj. last letter which commanded the reading of the liturgie in all haste the Bishop of Edenburgh the first sabbath day thereafter resolved to do it when he beginneth there ariseth a tumult among the people begun by some women which encreased so as that the prelate when he came out of the Church did hardly escape in the rest of the Churches of Edenburgh the reading was stopped Immediatly after dinner the Secret Counsell did meet resolve to search out the authors of this tumult commanded the use of the service book all to speake reverently of the Bishops but notwithstanding of this the people rage more then ever against the Prelats after the afternoons sermon they set upon the Prelate with stones forced him to
flee About this time in other pairts of the Kingdome the ministers honest people who were urged could not give obedience resolved to follow a more regular way and to supplicat the Councell to give in a note of the errours contained in these books which accordingly they did so from severall pairts of the Kingdome there came Ministers professours with supplications sheweing how erroâ—…ons both the liturgy the other books were how dangerous a thing it was to bring in Innovations in a Church how the Reformed Churches of Austria were undone by the violent obtiusion of a liturgy how in the time of Charles the Great the Church was miserably rent some adhering to the Ambrosian Liâ—…gy others choosing the Romane of Oregorian Liturgy how dangerous it was to change the Worship bring in a worse how the King foure years before at his Coronation did solemly swear that he would alter nothing in the Kingdome of Scotland without the free consent advice of those having Interest Unto these Supplications the Councill at first gave a favourable answere told that it was not their minde to presse the publick use of these books that they had forbidden the Bishops to presse the use of these books any more that they had signified their minde to his Maj were expecting a returne The petitioners likewise sent their supplications to his Maj. with the Duke of Lennox who was then returning to London withall did wreastle with God by prayer faâ—…ing that he would incline the Kings heart to hearken unto their just desires would frustrate the endeavours of their adversaries But when the expresse cometh from his Maj. all the answere they get is an Edict published Octobr 18. commanding them to go out of the towne of Edenburgh within few hours under the paine of Rebellion When the Petitioners see this the next day they resolve to act all together joyntly that his Maj. might know it was not a few Puritanes as the impure Prelats were pleased to nickname them but a great mulitude of his Maj. most loyall subjects of all ranks who were dissatisfied And they draw up a complaint against the prelats desire liberty of the Councell to pursue them legally as being the onely authors of the Book of Canons liturgy which containe the seeds of Superstition Idolatry as being guilty of many other crimes that under the highest perrill And withall they shew the Councell that they could not leave the towne untill they saw some course taken for delivering the land from the present imminent dangers When the Councell saw that the number of the Petitioners was great dayly increasing fearing the worst they desired the petitoners would choose some of their number as their Commissioners to prosecute their business that the multitude might depairt this was yeelded unto But ere long the Councell is discharged by an Expresse from his Maj. to meddle any more in that matter Whereupon the Supplicants are necessitated to draw up a Protestation declaring that if any tumult arose through their prosecution of the Cause the Councell onely might be blamed as refusing justice When the Counsell heareth of this they resolve to hear the desire of the Commissioners advise the Bishops to withdraw themselves When the Commissioners compeer they show their Intention was to prosecute their business against the Prelats whom they would prove guilty of grievous crimes under the highest perrill therefore desired the prelats might be excluded it not being fit that parties should be judges The Councell because of the forementioned Expresse might do nothing Onely they write to his Maj. who thereafter sendeth for the Earle of Traquair but he for fear of the Prelats did misrepresent the Cause of the Supplicants returned with a Proclamation from his Maj. which he caused publish at Sterlin where the Councell was sitting in Febr. 1638 In which Proclamation the King owned the books which the petitioners did supplicat against and condemned the meetings of the Supplicants as conspiracies contrary to the lawes of the Land Against this the petitioners prepared a Protestation a copy wherof was affixed at the Crosse of Sterlin herein protested against these Books as full of errours as Innovations against their refusing to receive libells against the Prelats against the High Commission Court obtruded on Scotland contrary to the fundamentall lawes of the land without any Municipall law That prelate should not be judges in their own cause And that all their own meetings were lawfull And that they could not forbear with a good conscience unlesse they should wrong the Glory of God the honour of his Maj. the liberties of kirk Kingdome And because they were commanded to depart forth of the town of Sterlin they go together towards Edenburg there after serious thoughts they finde the maine procureing cause of all these calamities to be the violation of the Nationall Covenant therefore unanimously they resolve to renew that Covenant accordingly they draw it up with some explicatory additions confirmations out of the acts of Parliament binde themselves to adhere unto defend the true Religion forbearâ—…g the practise of all novations already introduced in the matters of the worship of God or approbation of the corruptions of the publick government of the Kirke or civill places power of Kirkmen till they be tried allowed in free Assemblies in Parliaments to labour by all meanes lawfull to to recover the purity liberty of the Gospell as it was established professed before the foresaid Innovations promise swear to continoâ—… in the profession and obedience of the foresaid Religon â—…resist all contrarie errours and corruptions ând that they had no intention to attempt any thing that might turne to the dishonour of God or to the diminution of the Kings greatness and authority and to defend themselves mutually in the same cause c. When the Covenant is thus drawn up it was subscribed by all present copies thereof were sent to such as were absent being read in the Churches was heartily embraced sworne subscribed with tears great joy Great was this day of the Lords power for much willingness chearfulness was among the people so as in a short time few in all the land did refuse except some Papists some aspiring Courteours who had no will to displease the King some who were addicted unto the English rites Ceremonies some few Ministers who had sworne the oath at their entry which was mentioned Anno 1612. Yea such willingness was among the nobles others that they had their own copies of the Covenant subscribed by others of the Nobles Barons ministry laid up in their Charter chists where possibly many of them are at this day When matters are at this passe the Prelats do animate his Maj. to a war and the Covenanters desireing his Maj. might be rightly
the office of Episcopacy pressing the Church with Innovations Particularly Mr Spotiswood for open ordinary prophanation of the sabbath drinking over late in taverns venting atrocious slanders interlining changeing the Acts of the Assembly at Aberdeen facrilege Simonie conniving at Heterodoxies Mr Linsday of Glasgow for oppressing of the Consciences of the Ministers in his Dioecy extorting money from some ministers withholding stipends from others oppressing his Vassals and forceing Probationers to swear some idle vaine oaths which he had invented Mr Lindsay of Edenburgh for admitting none to the ministry but such as would first take upon them the order of Deacons for bowing at the Altar useing the Rotchet other Masse-cloths in time of divine service consecrating Temples useing the Rite of Elevation at the Celebration of the Lords Supper conniving at Heterodoxies maintaining the Ubiquity of Christs body Mr Sideserf of Galloway for open ordinary prophaneing of the Lords day exercing tyranny in his Dioecy conversing with Excommunicated papists defending all the Arminlan many popish opinions Mr Maxwell for kneeling before the Altar wearing popish garments playing at Cards Dice on the Lords day even when the Sacrament had been given oppressing his vassalls keeping friday fasts defending all Arminian many of the most grosse Popish opinions Mr Whitefoord for such flagitious crimes as were notour to all So do they depose Excommunicate Mr Ballantine of Aberdeen VVedderburne of Dumblane for the generall crimes particularly Mr Ballantine for Simony for suspending Ministers because they keeped a fast on the Lords day dedicating a Chappell freeing Papists suspected of Incest from Church censures turning such an Apostate after he had appeared once so zealous for the truth Mr VVedderburne for concurring with Mr Maxwell in drawing up the book of Canons swearing profancing the Lords day commending Arminianisme many points of Popery So do they depose Mr Lindsay of Dunkell Mr Abernethy of Cathnes Mr Guthry of Murray Mr Grahame of Orknay Mr Fairly of Argile Mr Campbell of the Isles as for the generall crimes common to all so in particular Mr Lindsay for Simony Mr Abernethy for Simonie Mr Guthry for being the first who did put on the Surplice in Edenburgh Anno 1633. professing he would be yet more vile to please the King Mr Grahame for profancing the Lords day sacrilege conniving at adultery Mr Fairly for oppressing Intrants with new oaths profancing the Lords day defending the Arminian opinions Thus are those enemies to Church State after they had oppressed tyrannized over that poor Church for a long time wonderfully brought under her feet So let all thine Enemies perish o Lord. And now being filled with rage they all except some few who had acknowledged their wronge run to Court stir up his Maj. to make warr against Scotland accordingly warr is concluded both by Sea Land free tradeing is taken away the Scottish nobility at court are made to abjure the Nationall Covenant the Assembly at Glasgow The English Nobility with all their forces are commanded to meet the king at Yorke April 10. 1639. When the Covenanters see this preparation they emit 〈◊〉 Declaration shewing that Religion was their onely worke Conscience their onely Motive Reformation their Scope that they intended no harme to his Maj. nor did they intend to invade England whatever their malicious enemies did say to the contrary that all this was brought about by the means of some proud perverse Popishly affected Prelats But this Declaration was suppressed in England so that they might not know the true State of affairs and there is a contrary Declaration emitted stileing the Covenanters seditious rebells the like which was read in all the Churches of England Withall the Covenanters learne that the Earle of Huntly is made governour of the north that they are all declared Rebells in England that Berwick Carlile frontier cities were strongly garrisoned that the Earle of Arundale is made Generall that the King was to Rendevouz at York That Huntly had already four or five thousand in armes That Aberdeen was fortifying it self to take in the Kings navy That the Papists in the South were ready to rise with the Marquis of Douglas Lord Harris that the Deputy of Irland intended to Hand some men in the west And therefore after fasting prayer they resolved being in a sort the whole body of the Land the Nobility Gentry Burgesses Commons Magistrats of all sorts in City country to put themselves in a posture of defence to strengthen themselves against Invasion the best way they could to suppresse the enemies within their own bosome Wherein the Lord blessed them so as their enemies both in the North South were compesced with all they did emit a Declaration vindicating themselves their actions from all the aspersions of their enemies answering his Maj. Declaration read in the Churches of England that they might undeceive those of England May 1639. The Kings Navy cometh to Scotland with some thousands of men much provision The Covenanters send a supplication to his Maj. but in vaine for nothing is intended but fire sword The King approacheth their borders with an army the two armies are near to joyne in battell But God was pleased to prevent the shedding of bloud by moving the King to a Pacification wherein the King promiseth declareth that all causes Ecclesiasticall should be determined by Church Assemblies and that there should be a Generall Assembly every year once and that civill matters should be determined by Parliaments That there should be an Assembly held at Edenburgh the 12. of August next and a Parliament thereafter to ratify the Acts of the Assembly Whereupon the Scotish forces are disbanded the Castles are surrendred now the whole land looketh for nothing but peace The Assembly is opened up August 1639. the Earle of Traquair is present as his Maj. Commissioner all these things which were before concluded in the assembly of Glasgow are established his Maj. Commissioner assenting The Covenant was approved in all its heads clauses was subscribed both by Traquair his Maj. Commissioner by the Privy Councell according to a petition of the assembly unto the Secret Councell there is an act of Councell ordaining all in all time comeing to subscribe the Covenant according to the Generall assemblies declaration dated August 30 1639. Now according to the Pacification it was expected that these acts should have had the civill Sanction of the parliament which was to sit down the next day after the assembly was dissolved viz August 31. But before any thing was done by the Parliament to this effect it is commanded to dissolve Decemb. 18. under the paine of treason so the Parliament is prorogued unto the 2 of Jun. 1640. The Parliament for peace resolve to obey but because they had never been adjourned
is one that are so intrusted by law to call for such promises engadgments do search into mens apprehensions concerning the grounds of their power or not yet the very promiseing of obedience in things lawfull for in things unlawfull obedience must not be promised to any lawfull power under heaven is an acknowledgment of the lawfulnesse of their power of subjection as due unto them an owneing of them as lawfull officers lawfully installed authorized because this could not be done therefore neither could the other be done He replyeth 1. It is not obedience under a reduplication and as formally obedience they call for If it be obedience materiall they are satisfied Ans. And what more doth the most lawfull power under heaven ask do they search into the principles of mens doing such such acts do they examine the reduplications under which they act But. 2. Whether they call for it under that reduplication or not It is reall obedience they call for and. 3. The promiseing of obedience under whatsoever reduplication hath in its bosome an acknowledging of the lawfulnesse of the authority calling for such obedience He replyeth 2. Suppose it were so that obedience as formally obedience were required yet it were hard to say it could not be promised or that it could not be acknowledged that they have any laâ—…full authority for looking upon them as the Kings Maj. commissioners in causes ecclesiasticke for regulating the externall order of the Church in their severall bounds and impowered by the law of the land so to do the strickest presbyterians will not finde ground to disowne their office in that consideration Ans. Then 1. Prelats are nothing else but the Magistrats commissioners have no power or authority jure divino by any warrant of Gods law more then any other of the Magistrat's commissioners 2. whence had the prelats in the first three hundered yeers if so be there was any such as this author is bold enough to affirme but faileth in his undertaking to prove it their commission had they it from Nero the rest of the persecuting heathenish Emperours and if they had no commission from them whence had they their power or by what commission did they act or how could they be Bishops without such a commission How will this advocat extricate himself out of these difficulties evite a contradiction But. 3. If they be the Magistrat's commissioners in causes ecclesiasticke their power must reach no further then the Magistrats power doth in Church causes viz the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or his externall order If he streach it no surder How then cometh it to passe that they meddle with more then what concerneth the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or will hâ—… say that all the causes which prelats as prelats meddle with are but such ecclesiasticke causes As are for the regulating the externall order of the Church Then he must say that their chief power in ordination their chief if not only power in jurisdiction floweth from the Magistrat by vertue of his commission they act in that sphaere capacity and if he say so he speaketh plainely but without any ground in the word for then Magistrats might ordaine alone at least have a chief hand in ordaineing with others for what they may commissionate others to do in their name they may do themselves But how or what way shall we see this proved Where will he shew any example of any Magistrat as such ordaineing or deposeing Ministers censureing or excommunicating Offenders since the World began What a wilde notion must this be then And if this be the Basis which is so rotten let any judge what the superstructure must be It were tedious here to lanch forth into this debate concerning the Magistrats power in Church matters But sure it was never the doctrine of the Church of Scotland noâ—… of any reformed Church that what power the Prelats challenge to themselves as such did primarily belong unto reside in the hand of the civill Magistrat might be derived by commission from him unto them And this must be granted as a truth if it be once said that prelats Act in Church matters by vertue of a commission from the supreme Magistrat for a commission is distinct from a command the supreme Magistrat may command ministers to preach baptize do what himself cannot do for the doing whereof ministers borrow no power from him but he cannot propperly give them any commission for that effect The giving of a commission importeth the conveyance of a power for effectuating that which is to be done by the commissioner and that the person granting the commission might himself do that which he commissionateth others to do See this consequence fully cleared by famous Voctius Polit Eccles. pag. 146. arg 12. But now if there were no more to hinder any from acknowledging such a power in the prelats this is sufficient that it is granted they have all that power over presbyters by being his Maj. commissioners that they have all that power derived from him consequently that they have no such power at all because he from whom they derive that power by a commission hath no such power himself The confession of faith of the Church of Scotland acknowledgeth no such power in the civill Magistrat The scriptureâ—… by which all are to regulat their actions in the Church of God giveth warrand for no such power No reformed divine except Arminians Erastians doth acknowledge any such power nor any confession of faith of any of the reformed Churches Behold then Reader see what monsters the Prelats are swollen up to that bignesse with mere winde phancies observe by what art they ascend They make the supreme Magistrat beleeve that all the power belongeth unto him to the end he may devolve it back againe over on them by a commission so authorize them according to that Tu facis hunc dominum te facit ille deum Thus you see they derive their power a non-habente potestatem from such as have it not to give therefore their commission is simpliciter null cannot be acknowledged by any faithfull minister or Christian Nor can their power be submitted unto And hence also it is clear what reason these honest Ministers had to refuise this acknowlegment not to take the canonicall oath which was so contradictory unto the oath of the Covenant But he replyeth That there is no contradiction betwixt the covenant and that canonicall oath or promise of obedience to the prelate because Timorcus who is tender in the matter of oaths maintaineth that the ministers who of old took the canonical oath did not swear the contradictory there to when they took the covenant whâ—…nce it will follow necessaryly that they who have taken the Covenant do not contradict that oath if they should take the oath of canonical obedience Ans. Though this canonicall oath should not contradict the second
called God the King lately reprinted published by his Maj. royall proclaâ—…tion for the instruction of all his subjects in their duty alleagiance for thus is that oath worded I A. B. Do truely sincerely acknowledge professe tostifie declare in my conscience before God the world that our Soveraigne Lord King Iames is lawfull and â—…ightfull King of this realme of all other his Maj. dominions countreyes that the pope neither of himself nor by any authority by the Church see of Rome or by any other meanes with any other hath any power or authority to depose the King or to dispose of any of his Maj. dominions or Kingdomes or to authorize any forraigne prince to invade or annoy him or his countreyes or to discharge any of his subjects of their alleagiance obedience to his Maj. or to give license or leave to any of them to bear armes raise tumults or to offer any violence or hurt to his Maj. royall person state or government or to any of his Maj. subjects within his Maj. dominions Also I do swear from my heart that notwithstanding any declaration or sentence of excommunication or deprivation made or granted or to be made or granted by the pope or his successours or by any authority derived or pretended to be derived from him or his see against the said King his 〈◊〉 or successours or any absolution of the saids subjects from their obedience I will beâ—… faith true alleagiance to his Maj. his aires successours him them will defend to the uttermost of my power against all conspiracies attempts whatsoever which shall be made against his or their persones their crowne dignity by â—…easone or colour of any such sentence declaration or otherwise will do my best endeavour to disclose make known unto his Maj. his aires successours all treasons or treitours or conspiracies which I shall know or hear of to be against him or any of them And I do furder swear that I do from my heart abhoâ—…e detest abjure as impious hereticall this damnable doctrine position That princes which be excommunicated or deprived by the pope may be deposed or murdered by their subjects or any other whatsomever And I do beleeve in conscience am resolved That neither the Pope nor any person what somever hath power to absolve me of this oath or any part thereof which I acknowledge by good lawfull authority to be lawfully Ministered unto me And do reâ—…unce all pardons dispensations to the contray And all these things I do planely sincerely acknowledge swear according to these expresse words by me spoken according to the plaine common sense understanding of the same words without any equivocation or mentall evasion or secret reservation whatsoever And I do make this recognition acknowledgment heartily willingly truely upon the true faith of a Christian. So help me God This is the oath of alleagiance how far it differeth from the former which was lately tendered is easily discerned These few words in the short oath only supreme governour in this Kingdome over all persones in all causes containe the main difference betwixt the two the main grounds of scruple for they hold forth two things The King's supremacy in matters civill his supremacy in matters ecclesiasticke It is true Ministers ought both to be to carry duti fully as becometh subjects to refuise nothing lawfull which is required of subjects but oathes being matters about which much tendernesse carefulnesse ought to be used it becometh Ministers to look well to this not to engadge in any oath rashly Advisement deliberation is most requisite here especially in a time when snares abound when there is good ground to suppose that the oath is tendered of purpose to be a snare to the conscience The oath as to it is substance or maine thing intended which lyeth wrapped up in those few words last cited is not as is obvious to any so clear as oaths ought to be yea the imposers themselves will not deny this but are forced to acknowledge that as it is worded in respect of that part thereof which is onely scrupled at which containeth the substance maine thing intended it is at best ambiguous generall for this cause if there were no more every Christian ought to forbear to swear the same And that because every oath must be sworne in truth in judgment in righteousnesse Ier. 4 2. but an unclear ambiguous oath cannot be sworne in truth because it hath no truth in it for what is ambiguous is not true as doctor Sanderson sayeth de jur promis oblig prael 6. § 10. a preposition of an ambiguous indefinite sense before the matter be distinguished is not a true proposition yea nor a proposition at all for a proposition as its definition cleareth should signify either a truth or a falshood without any ambiguity And therefore this proposition that the King is onely supreme governous over all persones in all causes being ambiguous till it be clared by some distinctions cannot be sworne in truth because the truth thereof cannot be known Nor can it be sworne in righteousnesse because such as swear it cannot be sure but that in taking that oath they may be wronging others wronging Parliaments which is worse wronging the Lord Iesus Christ who is King head of his Church Nor can it be sworne in judgment because its meaning cannot be known But now seing the oath in respect of its substantiall part as it is now worded is ambiguous unclear reason would require that the tenderers thereof should explaine the meaning thereof make it as clear as may be But when this is refuised what can such do who are pressed to take that oath but refuise the same partly because of its ambiguity partly because by the sense which by their other Acts Actings they who tender it do put upon it it appeareth to to be most unlawful all divines casuists do grant that an oath must be taken in his sense meaning in whose favours for whose sake faifty it is conceived who tendereth it And therefore it is not only lawfull but necessary to enquire what sense the Acts Actings of the Parliament do put upon it And as to the civill part of the oath which here is to be examined no other explication needeth to be enquired after then what they give forth in their Acts on record all which to cite here at length would be tedious The citeing of the acknowledgement of his Maj. prorogative which is a part of the 11 Act Anno 1661. where the substance of many preceeding Acts is summed up will be a sufficient evidence and here it is declared That it is an inherent privilege of the crown an undowbted part of the royall prerogative of the Kings of
displeasure of many at court when Ministers were freely rebuking sin in about the court they were accounted railers traitours And being accused of treason before the King his Councill They declined them as incompetent Judges Upon this account in this houre of darknesse by the meanes of the Earle of Arran This Parliament is suddenly called wherby there were two Parliaments in one year 1584. the one meeting May 22. the other which is called the ninth Parliament as the former was called the eight Agust 22. which granteth this supremacy to the King over persones ecclesiastick for formalities sake civil therefore in the end of that act it is declared to be treason to decline his Maj. or his Council in any case So then the question was not betwixt the King the Parliament But betwixt the King or his Councel the Church in spirituall matters It is true also that in the 1. Act of Parliament 18. Anno 1606. His Maj. soveraigne authority Princely power Royall prerogative and privilege of his Crowne over all Estates persones and causes whatsoever is acknowledged But this act is of the same nature with the former no prerogative over above the Estates of Parliament is acknowledged here to belong properly to the Crown And moreover these words are but faire flourishes parliamentary complements Finally the prerogative here spoken of is founded upon personal qualifications where with they say he was endued far beyond his predecessours such as extraordinary graces most rare and excellent vertues singular judgment for sight Princely wisdome the like these may be wanting in one possessing the crowne therefore it could not be the minde of the Parliament to give a supremacy founded upon such qualifications to these who had not those qualifications so they could not annex it unto the Crowne 9. Together with these particulars let this be considered That in 3 Article of the league Covenant they did all swear Sincerly really and constantly in their severall vocations to endeavour the preservation of the rights and privileges of the Parliaments And then it shall appear that there was good ground of scrupleing at that oath which as explained by their acts tendeth to the overturning of those rights privileges For none who desired to make conscience of the oath of the Covenant might swear an oath so apparently opposite thereunto It is true those questions concerning the power of Princes Parliaments are dark ticklish Ministers not being lawyers by profession can not be supposed to be well acquanted with the lawes constitutions of the realme or with the nature extent of the same in all points Yet it concerneth them to see to this that they run not themselves upon the rocks of contradictory oaths And having sworne to endeavour in their places callings the preservation of the rights privileges of Parl. it concerneth them all not alitle to search so far into the rights privileges of Parl. as that they may know when an oath is tendered unto them which crosseth the same being once engadged in an oath in a matter not sinfull not to change or to swear that which destroyeth contradicteth the former oath But leaving those things not laying more weight on them then they will bear other particulars more weighty pressing must be spoken to therefore let it be considered 10. What dreadfull consequences will follow upon the taking of this oath thus explained as to its civil part by the forementioned act concerning the prerogative other acts now to be mentioned as 1. A condemning of the convention of Estates Anno 1643. conform to the Act 6. of this Parliament 2. A condemning of the Parliaments Anno 1640 1641 1644 1645 1646 1647 1648. conforme to their Act 15. as also the committees Parliaments thereafter Anno 1649 1650 1651. conforme to their Act 9. 3. A condemning of all the Acts made by these Parliaments conforme to their Act 3. 4. A condemning of all the meetings Councells Conventions of the subjects at the beginning of the late work of Reformation conforme to their 4 Act. 5. A condemning of the League Covenant conforme to their Act 7. 6. A condemning of Scotlands joyning with helping of England in the day of their straite conforme to their Act 7. 7. A condemning of the renueing of the Nationall Covenant Anno 1638 1639. conforme to the last words of the 11 Act. 8. A condemning of the Generall Assembly 1638 severall others thereafter conforme to their 4 Act. 9. A condemning of Scotlands riseing in armes in their own defence against the Popish Prelaticall malignant Party conforme to their 5 Act. 10. A condemning of their seizing upon forts castles in their own defence conforme to the said 5 Act. Was there not then cause to scruple at the taking of this oath which would have imported a condemning of all those things sure there was as shall be showne in speaking to each of the particulars mentioned Now it is clear that the taking of this oath would have imported a condemning of all these particulars from this That the Parliament doth condemne all these mentioned particulars as the acts specified do clear because done without his Maj consent which ought say they to have been had by vertue of his prerogative royall and supremacy the perogative doth explaine his supremacy in things civill as shall be showne more fully hereafter But to come to the particulars first There was no ground for condemning that convention of Estates 1643. notwithstanding that the Kings consent was not had therto 1. Because in poynt of conscience the Estates of the land being essentially judges are bound when the publict affaires of the Kingdom do require to conveen consult thereanent when Religion lawes liberties are in hazard when the necessitie is such as will admit of no delay pure legall formalities of state must be dispensed with when they cannot be gotten followed as in this case it was clear The true protestant religion his Maj. honour the peace of the Kingdomes were in hazard by papists their adherents in armes in England Irland The King refuised to call a Parliament at that time though he was oftin requeested there unto In this case what could the states of the Land do who were bound by the lawes of God of nature of nations to see to the preservation of the Kingdom to their own interests to religion that should be dearâ—… to them then any thingâ—… else were bound by the law of God to judge governe the land but obey God disâ—…ense with state formalities according to the many examples of the Estates of Scotland before who did conveen in Parliament whether the King would or not as that Parliament which did imprison donald the 70. King the Parliament at Scone which summoned King Culenus before them that Parliament which
deprived the Queen mother of her regency But to avoid tediousnesse let Buchanans Chronicle be perused many such like Parliaments shall be seen 2. Who was it who summoned all those Parliaments which conveened for the election of new Kings of viceroyes as that which did choose Notatus the brother not Ruther the son of Dornadilla the 4. King that which did choise Even brother to Durstus not Durstus his sonne that which made Dardan King not Corbred's son being under age that which make Teâ—…rasell brother to Conarus King and not Eâ—…hodius son to Canorus and many moeâ—… Yea Buchanan no stanger to the constitution of the scottish Kingdome sheweth in his book de jure regni apud Scotos that the Parliaments of Scotland were summoned not only without the consent of their Kings but against the same What ground was there then for condemning of this convention at this nick of time when matters were in such hazard Especially 4. Seing the very next Parliament which conveened Anno 1644. by vertue of the last act of the Parliament Anno 1641. at which the King himself was present did ratisie approve that convention upon these grounds as their 5. act beareth Considering that the Lords of his Maj. privy councell and Commissioners for conserving the articles of the treaty having according to their interests and trusts committed to them by his Maj. and Estates of Parliament used all meanes by supplications remonstrances and sending of commissioners for secureing the peace of this Kingdome and removing the unhappy diseractions betwixt his Maj. and his subjects in England in such away as might serve most for his Maj. honour and good of both kingdomes and their humble and dutifull endeavours for so good ends having proven so ineffectuall their offer of mediation and intercession being refuised by his Maj. And thereby finding the weight and difficulty of affaires and the charge lying on them to be greater then they could bear did therefore in the Moneth of May 1643. meet to gether with the commissioners for common burdens that by ioynt advice Some resolution might be taken there in and in respecâ—… of the danger imminent to the true protestant religion his Maj honour and peace of these kingdomes by the multitude of Papists and their adherents in armes in England and Irland and of many other important and publike affaires which could not admit delay and did require the advice of the representative body of the kingdome appoynted and indicted a meeting his Maj. having formerly refuised their humble desires for a Parliament Secondly there was no ground for anâ—…ulling those Parliaments mentioned in the act rescissory and act 9. 1. Because in both those acts there is no mention made of any informality which might justly either in law or conscience render these Parliaments null Only there is mention made of their acts deeds but these cannot in any manner of way annull their constitution for a Parliament may be a Parliament legally conveened though it should astablish iniquitie by a law if the ground which they have laid down in these two acts 15 9. forannulling of these Parliaments hold good indifferent men will soon see that they have anulled their own constitution declared themselves no Parliament for if their acts were compared with the acts of these Parliaments which they have annulled examined either by the rule of God's word which all Christian commonwealths Parliaments should stir their course by or by the fundamental lawes of the land they would be found more worthy to be condemned Sure succeeding ages need take no more but the ground which themselves have laid downe here whereupon to declare this Parliament null But 2. These Parliaments were all legally conveened called for the King called the Parliament 1639 sent the Earle of Traquare as his commissioner thither which was adjourned to Anno 1640. then after some time it was adjourned to Anno 1641. at this Session of Parliament the King himself was present so owned them as a lawfull Parliament being called by his command continued hither till ratifyed all their Acts among which this was one viz Act. 17. Anno 1640. That every third year once at least there should be a full free Parliament that the time place should be appoynted by his Maj. or his commissioner for the time the Estates of Parliament before the end and elâ—…sing of every Parliament According to which Act King Parliament did appoint the next Parliament to meet Iun 1644. this Parliament is continued till Ian. 1645. thence till March thence till Iuly 1645. from thence it is adjourned to November 1646. then till March 1647. at the close of this last Session of Parliament conforme to the forsaid Act 1640. They appoynted the next meeting of Parliament to be Anno 1648. This Parliament adjourned to March 1650. but with all they give power to their committy or the quorum thereof to call the Parl. sooner if they saw necessity accordingly it is convocated An. 1649. at the time appointed it meeteth An 1650. so adjourned to times convenient So that there is no informality here at all discernable If it be said that neither the King nor his commissioner was present at those Parl. so this informality annulled all Ans. 1. The want of this formality cannot be the cause of annulling these Parl. or Sessions of Parl. because they annull the very Session of Parliament 164â—… at which King Charles himself was present 2. There is no law making the presence of the King or his Commissioner essential to every Parliament far lesse to every Session of a Parliament 3. There have been many Parliaments holden in Scotland without either king or Commissioner as in the dayes of King Iames 2. Anno 1437 1438 1440. where there is no mention made of the King in the Acts as there is at the next Parliament 1443. but only of the three Estates of Parliament concluding and ordaining So Anno 1560. there is a Parliament holden at Edenburgh by the three Estates without either King or Queen an Act thereof ratified first Parliament King Iames 6. Act 2. So Anno 1567. the Parliament is keeped by the Regent the three Estates without the Queen who then did Reigne as the Acts of Parliament 1581. King Iames 6. shew for there these words are to be found in the first Act thereof And especially the Act made in the Reigne of the Queen his dearest mother in the Parliament holden at Edinburgh the 19 of April Anno 1567. 〈◊〉 Wherby it is aboundantly clear that she was then governing when this Parl. did sit yet the Parliament was keeped without her as the Acts shew So in the dayes of Queen Mary the Acts of Parl. run in the name of the Lord Governour three Estates of Parl. this Governour was not representing the Queen as her Commissioner
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
bloody emissaries Moreover he alloweth to privat persones liberty to deny subsidies and tribute to the prince when he imployeth it to the destruction of the common wealth and is not this a clear resistance a taking of the sword out of his hand But what shall a nation do that cannot get pay holden from a plundering army of enemies so cannot get them disbanded but take up armes force then to it This is but resistence the other is resistence Majus minus non variant speciem yea it is a question if it be lawfull to deny to the King any of his tribute though it be clear enough that it is lawfull for a nation to defend themselves against the King's unjust illegall commissions The same Doct. in conscience satified Sect. 5. confesseth that Salus Populâ—… est supremâ—… Lex and if so some meanes must needs be allowed unto the people to preserve their own saiftie when it is in hazard to recover it when almost lost by the invasion tyranny of governours who instead of levelling all to that end which should be before their eyes are taking courses tending to the destruction of the people To come with an army of armed enemies against a common wealth is no sit mean to preserve that common wealth but to common sense speaketh out an intention to destroy the same therefore Scotland can not be condemned for preserving it self in such a case 3. Iohn Bodin de republ lib. 2. c. 5. granteth That if a King turntyrant he may lawfully at his subjects requâ—…est be invaded resisted condemned or slaine by a forraigne prince proveth it at large from severall exemples And if a forraigne prince may do this why may not the subjects themselves do it if they be able if the subjects may petition for this help why may they not forbear to trouble strangers if they be able to do it themselves a forraigne prince hath no more superiority nor right over their prince for that effect then they havethemselves yea not so much And elsewhere in that book viz lib. 1. c. 10 lib. 5. c. 5. he alloweth subjects to resist to depose Kings in some cases which is more then Scotland doth desire 4. Arnisaeus de author prinp c. 2 n 10. granteth that if the prince proceed extrajudicialiter without order of law by violence every private man hath power to resist much more then may the body representative of a land resist when he cometh against them with fire sword which is the most extrajudiciall acting imaginable So c. 16. n. 4. he granteth that limited princes may be resisted such an one is alwayes was the King of Scotland for they never knew an absolute prince as is clear from what hath been already said 5. So Grotius who de Iure belli paâ—…is lib. 1. c. 4. n. 1 2 3 4 5. denyeth that the warr of subjects against superiours is lawfull would prove it by the law of nature the Mosaicall law the Gospell by the practice of the primitive christians and n. 〈◊〉 denyeth this not only to private subjects but also to inferiour Magistrats all which to examine is not the work presently intended only it is worth the noticeing that even he is forced to grant many things which serve abundantly to justify the practice of Scotland for ibid. n. 7. He granteth the law of not resisting doth not binde when the danger is most weighty certaine doth prove it thus because the lawes of God in some cases admit the exception of extreme necessity as the law of the sabbath further addeth that this law about resistence hath its â—…ise from their will who did first associat themselves in a society created governours over themselves for if they were asked whether they would acknowledg these conditions that they should die rather then resist in any case they would not grant it unlesse in this case when resistence would wrong the common wealth occasion the killing of many innocents He furder proveth it from that passage which was cited out of Barclaius yea he dar not condemne any no not the lesser part of the people who rise in armes in extreme necessity far lesse would he condemne the body of a land useing this last remedie in the extremity of hazard danger furder he proveth this from David who took armed men 1. Sam. 22 2. 23 13. to resist the violence of Saul after he had learned for certanety that he was seeking his life and from the Maccabces whom as he thinketh nothing else can defend but the great imminent danger in which they were And furder n. 8. he granteth that such princes may not only be resisted but also punished by death who are not absolute And it hath been showne that the Kings of Scotland have been obnoxious unto their Parliaments yet they desire not so much as is here granted Moreover n. 10. he assenteth to Barclaius saying as hath been cited that if a King alienate his Kingdome he loseth it but furder he addeth if â—…e prince but attempt to do so and to subject it to another he may be resisted and also n. 11. he assenteth to Barclaius saying as hath been cited that the King doth lose his power when he seeketh the destruction of his subjects And againe he sayeth N. 13. If the king hath one part of the supremacy the senat another then the king may be resisted when he incroacheth upon the senat that notwithstanding that it were granted the King onely had power of war for that is to be understood onely of warre with forraigners Thus he doth abundantly justify the late defensive warre of Scotland against their prince who was incroaching upon the liberties of Parliament people These particulars seriously pondered will do much to cleare their innocency unto the world to vindicat their cause and practice from the many foule calumnies aspersions which the Dâ—…gs of the generation did cast upon them of purpose to foment the discord betwixt the king his faithfull loyall subjects And though by what is said conceded by their adversaries the clearnesse equity of their cause appeareth both in poynt of law conscience yet for furder clearing of the same these few following particulars may have some weight 1. There is great difference to be put betwixt actuall disobeying of rebelling against violently with force of armes resisting the lawfull Magistrat doing his duty commanding just things warranded by the lawes of God the land And disobeying his unjust Acts resisting his violent tyrannicall oppressing plundering spoiling killing armies The former is a resisting of the very ordinance of God forbidden Rom. 13. where the Apostle is speaking of the civill Magistrat doing his duty in his place as God's deputy exerceing the duties of his calling executing his office But in the other case the Magistrat is out of his function
shall beasts be in a better condition then man Shall a bull have liberty to defend it self with horns shall man have no liberty to defend himself against tyrants or souldeours in their name coming to kill plunder burn slay all Nature alloweth Vim vi repellere To resist violence with violence to all against all violence without exception Nature can put no difference betwixt violence offered by a Magistrat violence offered by another person Defensio vitae necessariae est a jure naturali profluit It is necessary by the law of nature that a Man defend his life And the reason is because God hath implanted in every Creature inclinations motions to preserve it self Each are bound to love themselves better then their neighbours for the love of themselves is the measure of that love which they owe to their neighbour The law of nature alloweth one rather to kill then to be killed to defend himself more then his neighbour Cicero Lib. 1. De Officiis sayeth Injustitiae duo genera sunt c. There are two kindes of wrongs one of these who do the wrong the other of those who when they may hold off the wrong do it not He who without cause feteth upon any being angry or some other way stirred up layeth violent hands upon his neighbour but he who doth not defend nor resist the injury when he may is as farr in the wrong as if he should desert his parents his friends his countrey And againe cum sint duo genera decertandi c. There are two kindes of contending one by argueing which is propper to men the other by force which is propper to beasts we must flee to this last when we cannot make use of the former againe in his Orat. pro Milone he sayeth Est haec non scripta c. This law is not a law written but a law borne with us we have not learned it nor acquired it ' nor read it but we have taken it drawne it extracted it from nature it self to which we are not taught but made we are not instructed but are endued with it that if our life be in hazard by snares by violence darts of thieves or enemies all honest wayes must be assayed to free our life So reason teacheth this to the learned necessity to the Barbarians custome to nations to beasts nature it self hath prescribed this that whatever way they can they should resist all violence save their lives Thus you see nature it self and such as spoke by the light of nature do warrand such a practice 4. By the law of nations the actions of some of which have been mentioned already he who desireth to see more may consult Prin's Appendix to his soveraigne power of Parliaments c. 5. By the law of God as we see by many examples 1. Of David who being but a privat man a subject now unjustly persecuted by Saul the King who was seeking his life is forced to defend himself with armes by taking to him first 600. men 1. Chron. 12. then a great host v. 22 36. this was warranted of God for the Spirit of God commendeth them for their valour v. 2 8 15 21. And the Spirit coming on Amâ—…sai v. 18. prompting him to speak what he spoke cleareth it also 2. of Elisha 2. King 6 32. He keepeth out the house against the King by force resisteth him who was coming to use unjust violence 3. Of the 80 Priests who resisted Uzziah 2. Chron. 26. 17. Those are called most valient men it is said they withstood Uzziah they thrust him out 4. Of the people their rescueing of Ionathan 1. Sam. 14. unjustly condemned to die They resisted the Kings act edict notwithstanding of his oath Yea they did swear the contradictorie of the Kings oath 5. Of Libnah revolting from Ichoraâ—… 2. Chron. 21 10. because he pressed them to idolatry as is probable from v. 13. so sayeth Lavater Zanchius Cornel a lap see for this also that noble commentator Trochreg on the Ephespag 923 6. of the city Abell resisting Ioab 2. Sam. 20. 7. of Elijah 2. King 1. killing many hundereds of the Kings men emissaries sent to apprehend him 8. By Christ bidding his disciples Luk. 22 36 37 38. Buy swords Nor is there any thing in scripture contrary to this for the passages of which the adversaries make use do either speak against opposeing of lawfull acts of just governours as Eccles. 8 2 3 4. Numb 16. Rom. 13. 1 Pet. 2 13 14. or against opposeing of inferiour Magistrats as well as others so serve not their purpose such as 1 Pet. 2 1 4. c. Rom. 13. Exod. 22 28. Iob 34 18. or speaketh not of a pure defensive warre but of seeking the utter destruction ruine of the supreme Magistrat as some of David's expressions which they make use of 6. By right reason for there is no striker obligation betuixt a prince his subjects then betuixt parents children yea not so stricke yet if the father become distracted rise up in a fury to kill his children the children may lawfull joyn together resist him binde his hands So may the wife resist the unjust violence of her unnaturall husband much more may subjects resist the unjust violence of their King 2. Otherwise a King who was an ordinance of God ordained for a rich blessing should become the greatest curse imaginable if actu primo he be invested of God with power to tyrannize the people be put out of all capacity to resist he should become the greatest of curses to a people 3. This should crosse the end for which people did set up a King over themselves it was to preserve them to keep them from wrongs not to put power in his hand to kill murther them as he pleaseth 4. This would put rationall creatures into a worse condition then the beasts are into for if their King will he may cut all their throats destroy all their liberties ravish all their wives doughters destroy all their lands livings that without any controle or the least resistence imaginable But who can beleeve this Yea put the case there were but three or foure Kings in all the world all the lives of the rest should be at their devotion so that if they in a fit of fury madnesse give out the word of command they may cause kill all without any resistence would not this reflect upon the wisdome godnesse of God if he ordered matters so but the absurditie of this is abundantly clear so that more needeth not be said He who desireth more satisfaction in this question may peruse Innius Brutus his vindiciae contra tyrannos Quest. 3. a book as yet unanswered by any and Lex rex which gote never another answer nor a fagot a quike way forsooth of dispatching an answer Mr
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
which the tenderers thereof do put upon it must be searched sought for out of their acts for though it could have been wished both reason religion would have required it that after the example of Abraham they had made the oath as plaine easie as might be so that the sense meaning of it had been obvious to all or had annexed such a glosse meaneing as the words in ordinary construction would bear tender Christians might saifly assent unto yet there was no such thing done yea not being desired to do it would they do it yea nor would they suffer any to enquire at them in what sense they would have the oath taken yea which is more they made an act dischargeing all to offer any sense of the oath under the paine of treason So that there is no way now left to finde out the meaning of the oath as to this part but by their acts actings which when considered together with some other things usefull in this bussinesse will help to cleare the true sense thereof Three things then must be spoken to 1. The rise progresse of this bussinesse which is imported by this part of the oath viz the Kings supremacy over persons ecclesiastick in ecclesiastick causes in England 2. The rise progresse of it in Scotland 3. Some acts deeds of the King Parliament who now tender it As to the first of these It is notour enough what King Henry the Eight did when upon some privat discontents he shook off the Pop's supremacy Anno 1530. for having caught the Clergy in a Premunire for countenanceing some way or other the Pop's legat he would not be satisfied with their payment of 100000. lib unlesse also they would acknowledge him for the supreme head of the Church on earth which after some debate in their Synod both in the upper lower house of convocation was condescended to in forme as followeth cujus c. of which Church viz the Church of England we recognosce his Maj. to be the singular protectour the only supreme Lord so far as Christ's lawes will permitt the supreme head This was subscribed unto by all put into their publicke acts or instruments presented to the King afterward Parl. 24. c. 12. upon this ground it was statuted ordained that all ecclesiasticall suites controversies should be determined within the Kingdom all appeals to Rome were prohibited and Parl. 25. c. 20. The manner of electing of Archbishops Bishops was altered that power given granted to the King and upon this same foundation Parl. 26. c. 1. it was declared that the King is supreme head of the Church of England that he should have all honours preheminences which were annexed unto that title after this there followed another act c. 3. for Tenths first fruits as appertaineing to that head-shipe supreme authority Hence also Anno 1532. The convocation submitting unto the King's Maj. promiseth in verbo sacerdotis That they would never from thence forth presume to attempt allaidge clame or put in ure enact promulge or execute any new canons constitutions ordinances provinciall or others or by whatsoever name they shall be called in the convocation unlesse the Kings most royall assent may to them be had to make promulge execute the same that his Maj. do give his most royall assent authority in that behalfe Which deed of theirs the Parliament did shortly thereafter ratifie in these termes That none of the said clergy from thence forth should presume to allaidge clame or put in ure any constitutions or ordinances provinciall or synodall or any other canons nor should enact promulge or execute any such canons constitutions or ordinances by whatsoever name or names they may be called in their convocations in time coming which alwayes shall be assembled by the Kings write unlesse the same clergy may have the kings most royall assent license to make promulge execute such canons constitutions ordinances provinicall synodall upon paine of evry one of the said clergy doing the contrary to this act thereof convicted to suffer imprisonment and make fine at the king's will 25. Parl. c. 19. So Parl. 35. c. 1. There was another oath devised ratified which was to be imposed upon the subject for the more clear asserting of the King's supremacy By these Particulars any may see that Peter Martyr had good ground to say as he doth on 1. Sam. 8. That King Henry took all that power to himself which the Pope challenged atque hoâ—… fortasse est quod Rex Angliae voluit se secundum Christum appellari caput ecclesiae putavit enim campâ—…testatem quam sibi Papa usur paverat suamesse in reguo suo ad se pertinere i. e he would there fore be called head of the Church next under Christ because he thought that all that power which the Pope did usurpe did belong to him within his own dominions and he had good ground to say that it was a proud title which gave much offence unto the godly Nor was it without reason that judicious Calvin did inveigh so much against that title in his commentary on Amos 7. saying qui juitio tantopere etc. i e. They who at the first did so much extoll Henry king of England were no doubt inconsider as men they gave unto him the supreme power over all and this did alwayes wound me They were blasphemous when they called him supreme head of the Church under Christ. So that Peter Heylyn must not be beleeved when he telleth the world in his discourse of the reformation of the Church of England pag. 13. That thâ—…se statuts which concerne the kings supremacy are not introductory of any new right that was not in the crown before but only declaratory of an old againe pag. 48. 49. That when the supremacy was recognized by the Clergy in their convocation to king Henry 8. It was only the restoreing of him to his propper and originall power invaded by the popes of these later ages for that title of supreme head not only seemed to have some what in it of an innovation as himself is forced to acknowledge in the following words but really had an innovation in it of no small consequence as shall appeare But this title of supreme head gave offence both at home abroad therefore Queen Elizabeth did change it into this of supreme governour over all persons as well in all causes ecclesiastick as civill in these tearms it was keeped is to this day But all this change did not much help the matter for many were offended even there at and what wonder seing it seemed to attribute to her Maj. no lesse spirituall jurisdiction power then what the former oath did importe Whereupon the Queen in the first year of her reigne after the Parliament had condescended on the forementioned oath published an
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
fit necessary it is for the honour service of almighty God the good quyet of the Church the better government thereof in unity order That there be a National Synod Assembly duely constitut within this kingdome Hath therefore appoynted declared by these presents appoynts declares That there shall be a National Synod of the Church of Scotland And that this Synod for the lawfull members thereof shall consist be constituted of the Archbishops of St Andrews Glasgow the remanent Bishops of these two Provinces of all Deanes of cathedrall Churches Archdeacons of all the moderators of meetings for exercise allowed by the Bishops of the respective dioeceses of one Presbyter or Minister of each meeting to be chosen elected by the moderator plurality of the Presbyters of the same And of one or two from the University of St Andrews one from Glasgow one from the King's colledge one from Marshells colledge of Aberdeen one from Edinburgh And this Synod thus constitut is to meet at such times in such places as his Maj. by his proclamation shall appoynt And is to debate treat consider consult conclude determine upon such pious matters causes things concerning the doctrine worship discipline governement of this Church as his Maj. under his Royal hand shall deliver or cause be delivered to the Archbishop of St Andrews president of the said Nationall Assembly to be by him offered to their consideration The Estates of Parliament do humbly recognosce acknowledge his Maj. Royall power prerogative afore said with the piety justice prudence of his Maj. resolution therein Like as his Maj. with their advice consent doth hereby establish ratify confirme this constitution of a Nationall Assembly as the lawfull constitution of the Nationall Synods Assemblies of this Church His Maj. or his Commissioner without whose presence no Nationall Synod can be keeped being alwayes present declareth that no Act canon order or ordinance shall be owned as an ordinance of the Nationall Synod of the Church of Scotland so as to be of any effect force or validitie in law to be observed keeped by the Archbishops Bishops the inferiour Clergy all other persons within the realme as far as lawfully being members of this Nationall Church it doth concerne them but that which shall be considered consulted agreed upon by the president major part of the members above specified It is alwayes hereby provided that nothing be enacted or put in execution by authority of a Nationall Synod within this Kingdome which shall be contrary to his Maj. Royall prerogative or to the lawes of the Kingdom that no act matter or cause be debated consulted concluded upon but what shall be allowed approved confirmed by his Maj. or his Commissioner present at the said Nationall Synod In which Act these things are remarkable 1. That Church Assemblies may not meet without his warrand 2. The King or his Commissioner are essentiall constituent members thereof 3. That the King hath power to appoynt the very constituent members of the Synod 4. Ruleing elders are excluded out of Church judicatories 5 That the constant moderator hath a more then ordinary voice in the exercise for the member to be chosen there must be elected by him the major part of the rest 6. Nothing can be agreed upon without the consent of the Archbishop of St Andrews thus he hath a negative voice 7. Nothing must be debated either concerning doctrine worshipe discipline or government but what his Maj. pleaseth 8. Nothing must be concluded but what his Maj. or his commissioner doth approve confirme 9 All this is founded on his supremacy 10. And his supreme authority over all persones in all causes his prerogative royall are declared to be all one 5. There is another commission granted for the heigh commission a part whereof followeth Our Soveraigne Lord ordaines a commission to be passed exped under his Maj. great seall of the Kingdome of Scotland making mention That in consideration of the multiplicity weight of Church affaires of the Estate incumbent upon the Lords of privy councell so as they cannot attaine the due execution of the lawes to the effect that the disorders contempt of authority may be timeously suppressed His Maj. by vertue of his prerogative in all causes over all persons as well ecclesiastike as civill has given granted like as his Maj. by the tenor hereof giveth granteth full power commission to the Archbishop of St Andrews The Lord chancellour L. treasurer archbishop of Glasgow Duk Hamilton Marques of Monâ—…se c. or any five of them an Archbishop or Bishop being one of the number To summon and call before them all contemners of the discipline of the Church for that cause suspend deprive and excommunicat all keepers of conventicles c. to appoynt ministers to be censured by suspension and deposition and punished by fineing confineing and incarcerating them and all other persons who shell be found transgressours as aforesaid c. Out of this Act these things are remarkable 1. Here is a mixed court made up of Church men civill men 2. A court medling both with civil ecclesiastick punishments for they have power of deposeing excommunicating fineing and imprisoneing 3. A court founded upon his Maj. prerogative in all causes over all persons as wel ecclesiasticke as civil 4. An Archbishop or Bishop is sâ—…e quo non one of those with four others may do all themselves By what is said something of the meaning of this oath according to their sense who tender it may be discovered the bussinesse being so clear much time needeth not be spent in handling that long tedious controversie concerning the Magistrats power in Church matters Onely a hint at some few things as reasons why this oath thus tendered explained could not be taken will be sufficient 1. By this meanes they should upon the matter have affirmed that the King was head of the Church for it is clear that he assumeth to himself power of appoynting new officers in Christ's house new courts judicatures which Christ did never appoynt of committing Church power to whom he will of appoynting what forme of Government in the Church he thinketh fit modelling the constitution of Church idicatories appoynting who shall be members who not who members siue quibus non of limiting the bounds of their procedour by appoynting what they shall treat of what not of puting life in their canons constitutions c. Thus all Church power shall flow from him he shall become the head of the Church under Christ the same way that he is head of the commonwealth under God And indeed the prelate their creatures are not ashamed in their publick prayers to stile the King head of the Church Now could any faithfull
before what is the judgment of the Church of Scotland in this particular in their preface to the confession of faith 3. There is no expresse command either for seeking or having his expresse consent The reformers of the Church of Scotland never once thought of this but as oft as conveniently they might as necessity urged they keeped Assemblies not only without the consent of the supreme Magistrat but oftimes against their will thinking it their duty to Assemble for the relief of the Church ay untill some difficulty were laid in their way which they could not win over untill some phisicall restraint or some what equivalent were laid upon them 5. It would neither be fit nor saife for them to condemne the worthies who stood so zealously for the truth keeped that Assembly at Aberdeen which occasioned their banishment 2. That the power of convocating indicting of Synods Assemblies doth belong only unto the Magistrat The act for the National Synod doth abundantly cleare this But to assent to this were a palpable wronging of the Church which hath intrinsick power for this needeth not goe out of her self to seek it The Synod which did meet 〈◊〉 15 was not indicted by any civil Magistrat The Church should then be in an irremediable case when the civil Magistrat is an enemy but God hath provided meanes for the saifty preservation of his Church Even when the higher powers are but small friends unto her as oftimes it falleth out see the judicious learned doct Voet de Pol Eccles Pag. 184. Quaest 5. 3. That the power of delegating unto assemblies doth belong to him alone so as he may appoynt all the constituent members thereof according as he pleaseth as the Act for the nationall Synod sayeth he doth that by vertue of his supremacy But this were a grosse wronging robbing of Churches of their power privilege of delegating such as they think fit according to the Example of Antioch sending Paul Barnabas to that Synod Act 15. the practice of the Church in all ages see Voet ubi supra Pag. 187 Quaest. 7. 8. Yea if so the persones delegated should vote in his name not in the name of Christ or of the Church the meeting should not be a pure Church meeting but either wholly politicall or else politico-ecclesiasticall 4. That he might dissolve Church assemblies Synods when he pleaseth for the fore mentioned Act for the Nat. Synod warrandeth them to meet only at such times as he pleaseth But this were a great wrong done unto the Church privileges See Voet. ubi supra Pag. 190. Qâ—… 13. 14. Synods should be no helps unto the poor Church if they might sit no longeri what ever necessity might urge then his Maj thought good to suffer There is no warrand for any such dependence of Church judicatories upon the civil Magistrat's discretion If Christ hath allowed Synods to his Church for determineing in Church affaires he hath allowed them to sit untill they finish the bussinesse for which they did assemble Yea if they should yeeld to this they should condemne the assembly at Glasgow 1638. which did sit untill they had ended their bussinesse notwithstanding of a command to dissolve 5. That his presence or the presence of his commissioner is necessary unto each nationall assembly for the Act of Parliament ratifying the Act for the nationall Synod sayeth expresly that without the presence of the King or of his commissioner no nationall Synod can be keeped But 1. there is no law of God for this 2. The Synods in the primitive times were held without his presence 3. There were many generall assemblies held in Scotland without his presence 4. The Magistrat as such is no constituent member of the Synod therefore his presence is not necessarily requisite see Voet ubi supra Pag. 188. Quaest. 9. 5. If there be such a necessity for his presence at nationall Synods he must not be absent from lesser assemblies thus there shall be no Church judicature held without his presence which were most absurd See what the learned famous Voetius sayeth to this pol. Eccles. Part. 1. Pag. 199. 200. 6. That Ministers have no proper decisive fuffrage in Synods because the forecited Act sayeth That matters are to be setled only by their advice So that in their Synod they are only the King's counsellers conveened to advise consult a power only to advise is no decisive fuffrage so the Act concluded is the deed of the supreme Magistrat following their advice is not their deed Now this is most absurd destructive to all Synods of all their power thus it should be far worse with Synods now when Magistrats are Christians then when they were heathens Moreover there is no warrand for his having with the rest of 〈◊〉 the commissioners a voice in those Synods far lesse for his having the whole power It is clear that as a Magistat he can have no suffrage or voice in these Synods for then heathens who are no way qualified for such a bussinesse should have it likewise Yea if it were so all the determinations of Synods should be civil Acts no Church Acts being done by one who is no Church officer yea nor a Church member as such let be a Church judicature This was Episcopius the Arminian his judgment in disput de jure Magistratus circa sacra Thes. 16. viz. that he may convocat assemblies choose members prescribe lawes unto them the way of prâ—…cedour aske the suffrages either peremptorily enact or approve what is done that it may passe into a law see Voet. ubi supra pag. 191. Qâ—… 16. 7. That the judicatories of the Church be prelimited for nothing may be enacted by the nationall Synod which is contrary to his Maj. royal prerogative or to the lawes of the land so sayeth the Parliaments ratification of the Act for the nationall Synod But what if iniquity be established by a law what if Christ's royall prerogatives be taken from him given to the King shall the Church in her judicatories do nothing for the truth shall she give no testimony against these usurpations shall the lawes of the land the King's prerogatives be her Cynosura what use shall be made of the word of God then where is there any such caution or limitation given to the Church But enough of this 8. That Church judicatories may not so much as consult debate about any Act matter or cause but what shall be allowed approved by his Maj. or his commissioner for these are the very words of the Act of Parliament But who can assent unto this intolerable jncroachment destructive of all Church judicatures making them no judicatories at all but a company of men conveened for giving advice But where was there ever the like of this Church judicature The nameing of those things is sufficient to discover their vanity see
own phancies as to be in paine untill he were delivered of this birth not considering the unseasonablenesse thereof at such a time There is a season a time for every purpose under heaven sayeth the wise preacher Eccles. 3 1. a wise mans heart discerneth both time judgment Ecc. 8 5. But it seemeth he hath been so desirous that the world should see this monstruous birth that 〈◊〉 he wanted a time he would take the most unfit season imaginable for it For it is hardly imaginable that he could have chosen a more unfit time for publishing this his notion Because though his notion in thâ—…si were unquestionably true as it is not yet in hypothesi it could not now be yeelded the Kingdomes being tyed to one of these formes by the oath of God the solemne League Covenant so not at liberty to choose what forme they please His principles will not suffer him to say that Presbyterian governement is utterly unlawfull that Episcopall governement is necessary his learning will soon discover a validity in a Covenant about things not sinfull though not absolutely necessary his piety will grant that conscience should be made of such oathes And now when the Kingdomes were under the oath of God to set up a government most agreable to the Word of God And to endeavour the extirpation of Prelacy could there be a more unseasonable time for venting this his notion touching the indifferencie lawfulnesse of either Presbyterian or Prelaticall For suppone his notion were a truth of what use could it be now when the Churches hands were bound up by a solemne vow Covenant from following their liberty Sure his disputing so much for the liberty of the Church in such a case at this time sayeth that in his judgment the oath of God is of no value otherwise at least he would have casten in this clause of exception some where so have stated the question as a case in Utopia if so be it was as a fire within him that could not be keeped in And now indifferent readers may judge whether intentio operit I shall not say operantis was union peace edification To teach people to break Covenant with God to null their oaths vowes is no way to the good edification of the Church Such an union by perjury will be nothing else but a sinfull conspiracy Peace in such away will be but dreadfull security when the judgments of God are at hand And such edification is nothing but destruction But it seemeth his silence in the matter of the Covenant all alongs sayeth that in his judgment the obligation of the Covenant is null so this weapon-salve of his must be strong that will eat thorow the bones of a Covenant but because it is so dangerous destructive unto the substantials vitals of Religion it is the lesse to be valued whatever vertue he allaigeth it hath for cureing wounds in the flesh Did he think that tender Christians would get the Gordian knot of a Covenant oath vow so easily cut as to think themselves at liberty to choose what forme of governement they pleased Or if he did not presuppose this of what use did he think his book would be Though it were to be wished that this learned man had imployed his talent more for him who gave it Yet seing he would not forbear the publishing of his notions conceptions he might have spoken his minde concerning the obligation of the solemne League Covenant For so long as that Covenant standeth in force his notion will evanish as a cloud without raine But we must end this digression in which we have insisted the longer because it is one of the maine grounds upon which the complyers of this age do walke goe on that we may hasten to some other particular SECTION XIIII Such reasons or objections as are allaidged for taking against refuseing of the oath of alleagiance as it is called Answered BEfore any other particular be entered upon or this concerning the oath which is called though falsly the oath of alleagiance passed from there are some few objections which would seem to militate against the refuseing to swear subscribe the oath as it was tendered which must be rolled out of the way And these are either such as concerne the civill part so seem to weaken the grounds of scrupling at the oath upon that account which were laid downe Sect. 10 11 or such as concerne the Ecclesiastick part so seem to weaken the grounds of scrupleing at the taking of the oath upon that account which were mentioned prosecuted Sect. 12 13. First then as to the civill part it will be objected 1. That there was no ground of scrupleing at taking of the oath upon that account Because it was but the acknowledging of that very power which did properly belong to him before which former Parliaments had recognosced as his due viz. the 18. Parliament of King Iames the V I. which did acknowledge his Soveraigne Autherity Princely Power Royall Prerogative Privilege of his Crown over all Estates persons causes whatsomever Ans. This Objection was sufficiently obviated above Pag. 126. where it was showne that these were but Parliamentary flourishes complements grounded upon personall qualifications And indeed the act seemeth to raise this structure upon his Maj. being put in possession as the righteous inheritour of the famous renowned Kingdomes of England France Irland which far surpasse the wealth power force of the dominons of his progenitours Kings of Scotland thereby having a greater increase of care burden with all upon his extraordinary graces most rare excellent vertues where with he was endued for the discharge of that trust Now any man of understanding may see that the increase of his extensive power authority or of personall qualifications is no sufficient ground for the increase of his intensive power or for the enlargeing of the privileges of the crowne Moreover it is said expresly in the act that they ratifie approve perpetually confirme the same as absolutely amply freely in all respects considerations as ever his Maj. or any of his royall progenitours Kings of Scotland in any time by gone possessed used exercised the same Whence it appeareth that they gave no new power only they did recognosce what he his progenitours had before Now as was showne above neither he nor any of his progenitours had such a supremacy over parliaments as is now allaidged to belong unto the crown For as to that first act parl 8. Anno 1584. it was showne above Pag. 125. how notwithstanding of the supremacy there granted unto the King the privileges of Parliament remaine intire as they had been continued past all memory of man without any alteration or diminution whatsomever And after this Anno 1587. in the 11. Parl. act 33. the ancient order dignity
not put to take that acknowledgement they could not refuse the oath upon the account of these consequences contained in the acknowledgement Ans. So is the Declaration dated Sep. 2 1662. Set down as distinct from the Acknowledgement yet who ever sweareth subscribeth the Acknowledgement doth sweare subscribe the Declaration upon the matter so is it here who ever taketh the oath of alleagiance doth upon the matter take the acknowledgem also for it is not possible to see any discrepancy betwixt them save such as is betwixt the text the commentary for the acknowledgm is nothing else upon the matter then an explication or Exegesis of the oath in the acknowledgem the same thing is said assirmed in plaine full clear tearmes which is but in generall affirmed in the oath By their Acts they declare what things they account privileges of the crowne all these they comprehend under his supremacy so in their account his supremacy over all persons the prerogatives royall or privileges of the crowne are all one Therefore they could not acknowledge this supremacy because they could not acknowledge the prerogatives royall See this objection further answered above Pag. 168. In the next place there are objections of another nature which must be answered as 1. Obj. Such as refuse this oath of alleagiance declare that they are not dutyfull loyall subjects which Ministers Christians ought not to do Ans. It hath been showne at the beginning of the tenth Section what difference there is betwixt this oath the oath of alleagaince there is no Minister or Christian who would scruple at the taking of the pure oath of alleagiance Yea they would account themselves obliged to take the same if there were any necessity or just suspition of disloyalty in them which might occasion the same King Iames in his book called God the King sheweth that those treacherous persones who occasioned the frameing of the oath of alleagiance were the Pope's bloody emissaries following the principles of Rome practiseing unparalleled treacherie against King Queen Parliament among whom none will have the fore head to reckon such as did now refuse the oath as it was tendered It is the supremacy in Church state which only was scrupled at the acknowledging of this supremacy is no part of alleagiance for one may acknowledge his father to be his father though he should not say that he hath power as a father over his soul conscience one may acknowledge the King of Britane lawfull King of his dominions though he should not acknowledge him to have as much dominion power over them as the great Turk usurpeth over his dominions And therefore letnone so interpret that passage of the Apology for the ministers of England pag. 2. Where they prove that they cannot be challenged as guilty of Laese Majestie because they acknowledge that the King is defender of the faith in all causes the supreme head Governour over all persons as well ecclesiastik as civil as if they would assert that all in Scotland who do refuse this oath acknowledgement were guilty of Laese Majesty merely upon the account of their refuseing of the oath seing as hath been showne their case the case of Scotland is not every way the same though they give out this as an evidence of their loyalty yet they do not pitch upon it as proprium quarto modo unto a true loyal subject 2. Obj. Will you allow his Maj. no power in Church matters Ans. yes Even all that power which the first confession of the Church of Scotland doth allow viz. tho conservation purgation of religion the maintenance of the true religion the suppressing of idolatry and superstition as also all that which the later confession concluded by the Assembly of divines at Westminster doth allow As also as much as sound reformed divines grant unto him according to the word of God He hath power over the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 things extrinsecall that properly belong unto the outward man are common to the Church with other societies He is Custos utâ—…sque tabulae in a civill manner must have a care of both the tables of the law It were tedious here to set down all the particulars See Gillespy in his Aarons rod blossoming lib. 2. cap. 3. the CXI Propositions which are full enough to this purpose 3. Obj. Why then was this oath refused seing no more was required thereby Ans. More yea much more was required as appeareth by what hath been said cleared from their Acts actings especially from their refuseing of the sense given in by these Ministers who were detained so long prisoners in the Tolbooth thereafter banished which was large enough possibly larger then some of these who gave it afterward upon second thoughts would approve It is beyond questioning that this Parliament giveth unto the King by vertue of this prerogative as annexed to the crown far more then ever the confession of faith of that Chuch or any other protestant reformed Church did give And as they give so he taketh more as might be evidenced by his letter unto the Archbishop of York if it were now at hand 4. Obj. But whatever they assume to themselves it is not much matter Seing none 〈◊〉 put to affirme that so much power doth belong unto him the oath tendered hath not so much in it in terminis Ans. When an oath is contrived in such generall comprehensive termes as may take in much when there is no other way to finde out the iust latitude meaning of it but by their Acts actings who tender it it is of much concernment to know what sense their actions will put upon it for by their actions the true sense must be learned For it is a received known principle that oaths must be taken according to their known sense meaning of the words who tender the same because oaths were first invented for their security therefore whosoever would deal honestly Christianly in taking an oath must take it in the very sense that it is understood in by such as tender it Otherwise the holy name of God shall be taken in vaine the takers of the oath shall deal deceitfully in frustrating the end of the oath the designe of the tenderers thereof To take an oath Quatenus Eatenus in fo far will not satisfie as worthie D. Voetius judgeth de Pol. Eccl. p. 283. 5. Obj. This shienesse were good in case the oath as worded could bear such a sense as is supposed to be meaned by the tenderers But it is not so here Ans. It is certane the oath as to the part controverted is conceived in generall termes It is certane that their sense who tender it is not sound it is certane that there is nothing in the oath contradicting their sense meaning Yea it is certane that the very
oath it self as worded will take in all their sense meaning For it giveth to him a supremacy of power both over Civill Ecclesistick persones causes all persons all causes will take in both supreme Governour over all these persons in all these causes will take in a great power a very large supremacy Yea the very grammaticall construction of the oath will bear this large sense fully enough Any of understanding may easily see these three things here 1. That the King is the same way supreme Governour over Church men as he is over Civill men 2. That he is made the same way Governour in Church causes as in Civill causes And 3. That he is the same way Governour over Church men in their Church capacity or in their Church causes actions as over Civil men in their civil capacities in their Civill causes actions 6. Obj. The sense can be no other then this That he is supreme Governour over all persons what ever action they be about as if he were in a ship he should be supreme Governour over all the persons there what ever their trade or occupation were of the Governour of the ship among the rest And yet it will not follow that he is the supreme Governour of the action of guideing the ship but only that the Governour of the ship while he is guideing her is a subject And just so is it here as to Churchmen Ans. Even his supremacy over civill persons in civill causes is much to be questioned as hath been said But to wave this here their Acts deeds which are more authentick interpretations of the oath then any privat conjectures speak some other thing were the oath worded thus he is supreme Governour over all Persons this objection would have some colour but when it is said in all causes yea in all causes all is wrong Next it is certane from what hath been said Sect. 10 11. that they intend more as to the civill part then that he is supreme Governour over civill persons that they remaine subjects while about civill Actions For he is made supreme Governour over civill persons in civill causes And must it not be so likewise as to the Church part seing the oath puteth no difference lesse or more betwixt them 3. One maine end of the oath was to shoulder out the Pope his power this was an immediat cognition of Church affaires a power not only over persons but over causes And what was taken from the Pope with the one hand was devolved on the King with the other 4. The simile is a plaine dissimile as it is set down but make the parallel run thus There is a forraigner within the ship challenging power of making lawes to all persons within it particularly to the pilote power of judging him in his actions as pilote betwixt whom the Prince the debate cometh to that height that he is ejected to the end he may never be re-admitted the Prince imposeth an oath upon all within the Vessâ—…ll particularly upon the pilote seamen That they should acknowledge him to be their only supreme Governour in all their actions causes And then any of ordinary capacity may discerne whether or not the pilot be not bound by his oath to acknowledge some thing more then that he is a civill subject while he is about his calling work But all this is to no purpose now seing their Acts actings make the bussinesse clear enough as is shown above 7. Obj. Where a Civil Magist. is affirmed to be Govern of his dominions by common intendment this must be understoodof a civil government may not be extended to that of another kinde Ans. With all due respect to the reverend author of this reply viz. Bishop Vsher in his speach concerning the oath of supremacy in the Starre Chamber in Irland This doth not satisfie because by the same reason might one who were clear for the primacy of Scotland lawfully swear that the Archprelat of Saint Andrews were supreme Governour of Scotland over all persons in all causes because by parity of reason when the governement of a Church officer is spoken of by common intendment this must be understood of an Ecclesiastick governement may not be extended to that of another kinde And yet no doubt this oath would be scrupled at notwithstanding of that common intendment But 2. Their acts deeds destroy that common intendment respect must be had to their intendment not to the common intendment 3. Even as to this common intendment in respect of the civil part it hath been showne what just ground of scruple there was 8. Obj. No other thing can be understood for he is capable of no more the predicat can agree no further to the subject then its capacity will permit Ans. This is a shift for Children but for none else For. 1. Such subjects are seen to assume to themselves more then they are truely by any law of God capable of 2. By this meanes one might swear that the civil Magistrat were Head husband King saviour of the Church without all hazard of perjurie for these predicats can agree to him no further then he is capable As also one might lawfully swear that the Pope were supreme civil judge of the King's Dominions yea swear the greatest untruths imaginable but such Salvo's will prove too narrow to cover perjury in the day of accounts 3. Oaths are the end of controversies but this oath should then decide no controversie For the King's power should be as uncertaine as ever it was for all this oath 4. The question is not so much what power doth really appertaine unto the civil Magistat but another thing founded on this viz. what power may one lawfully say swear doth indeed belong to him And will any be so prophane grosse as to say It may be acknowledged by oath that he hath more power then indeed he hath Such like metaphisicall distinctions will not defend from the wrath of God in the day when he shall be a swift witnesse against all false swearers 9. Obj. Is it faife to contend with heigher powers about such things bring on such sad sufferings Ans. Christians should be most taken up with duty should not value sufferings They should buy the truth by no means sell it this matter under debate is no small bussinesse whatever some may think Not to mention here the sad consequences of this oath as to the civil part thereof if the Ecclesiastick part therof be only noticed it will appear to be a matter of greater moment then every one will beleeve as may appear from the reasons mentioned Sect 12. Men who would be accounted loyal subjects unto a King of clay will think it their duty to stand contend for a small inconsiderable bit of a thing going under the name of
their own belly not the glory of Christ. And how well this agreeth unto those men now spoken of any who know them may judge And therefore seing it is their designe intended work to deceive the hearts of the simple by their bold consident assertions to cause them beleeve things contrary to the Doctrine which they have already learned received it must be a necessary duty for poor simple people to avoid such So the Apostle writting to Titus cap. 1 14. forbiddeth to give head to jewish fables commandements of men that turne from the truth who are these who teach such things See v. 10 11. unruly vaine talkers deceivers teaching things which they ought not for filthy lucres sake It cannot then be lawfull to obey this act So writing to the Philippians cha 3 2. He sayeth beware of dogs beware of evil workers beware of the concision by whom the false teachers of these times are to be understood Now he commandeth to beware of those that is shun them forbear to hear them follow them not And againe v. 17 18 19. he sayeth Brethren be followers together of me Marke them which walk so as ye have us for ensample for many walk of whom I have told you oftin now tell you even weeping that they are enemies to the crosse of Christ whose end is destruction whose God is their belly who minde earthly things So he would have them following such as taught as he did walked as he walked not such as were enemies to the crosse of Christ And certanely when Paul would have the Ephesians cap. 4 14. No more carryed about with every winde of Doctrine by slight of men cunning craftinesse whereby they lie in waite to deceive he would not have them following or attending the Ministerie of such concerning whom the question is So when he willeth the collossians cap. 2 v. 8. to beware least any man spoile them through Philosophy and vaine deceit after the tradition of men after the rudiments of the world and not after Christ he would not have people give obedience unto this Act to attend the Ministery of such who teach false Doctrine By slight cunning craftinese whereby they lie in waite to deceive seek to spoile people of the truth by their Philosophie such as it is vaine deceit after the traditions of men not after Christ seek to beguile with enticeing words So in his first Epistle to Timothie cap. 4. v. 1 2. He sayeth that in the later times some shall depaire from the faith giving head to seduceing spirits speaking lies in Hypocrisie having their consciences feared with a hote yron It must then be hazardous most dangerous to give head to such seduceing spirits as speak lies have their consciences seared with an hote yron as being the cause of departing stom the faith so that such as will guaird against departing from the faith would take heed whom they heare So in his second Epistle to Timothie cap. 3 v. 5. he speaketh of some whom he would have all honest people turne away from these he describeth first from their corrupt conversation v. 2 3 4 5. thus men shall be lovers of their own selves covetous boasters proud blasphemers disobedient to parents unthankfull unholy without naturall affection false accusers incontinent fierce despisers of these that are good treatours heigh minded heady lovers of pleasures more then lovers of God much time needs not be spent in shewing how fitly all these agree unto the persons now spoken of such as know them can best judge But then secondly he describeth them from their Doctrine v 6 8 13. They creep into houses and lead captive silly women us Iaâ—…es and Iâ—…mbres withstood Moses so do these also resist the truth men of corrupt mindes reprobat concerning the faith evil men and seducers all which particulars without contradiction agree to these now spoken of And therefore the Apostle's command standeth in force from such turne away By all these passages It is clear that the Ministerie of false corrupt teachers should not be attended 7. If it were lawfull to hear these in obedience to this Act it would be also lawfull upon an Act to attend the Ministerie of Anabaptists Antinomians Socinians Arminians or Iesuits And if it would not be lawfull to do this no more can it be lawfull to attend the Ministerie of these in question who seek to pervert the right wayes of the Lord labour to subvert the simple people to turne them away from the truth 8. Such as their Doctrine is such are the prayers not only stuffed with errour but larded with blasphemy as might easilie be shown were it fit here to mention what their expressions are As their Doctrine tendeth to reproach the work of reformation the power of godlinesse so do their publick prayers as such as hear them can showe They pray for a blessing on the prelats under the name of Reverend right Reverend fathers on their wayes courses which God will curse blaste not to mention their unsound parasitick expressions concerning the King's supremacy calling him head of the Church c. Now seing tender consciences can not joyn with them in those prayers how can they attend their Ministerie Are not all present bound to joyn in prayer with them who should be the mouth of all the congregation unto God pray with them when out of the corruption of their heart they ordinarily utter expressions savouring of blasphemy errour can godly tender consciences goe alongs with them And seing they cannot how can they be bound to attend their Ministerie There are snares in Prayer no lesse then in preaching Yea particular persons concurre more with the minister in prayer then in preaching there fore they may more saiflie hear errour preached then joyne in an erroneous prayer for in the one they are purely passive But in the other they are some way active therefore unquestionably there is sin in constant attending the Ministerie of such with whom if they concurre in prayer they must sinne 9. Yeelding obedience unto this Act were upon the matter a consenting unto the great incroachment made upon the privileges of the Church The Church hath this power privilege from the Lord to make choise of her own officers as the frequent examples thereof in the dayes of the Apostles do cleare this would be the greater sin now after the Lord hath graciously delivered that Church from that yoke put her in possession of her power privileges after that the power of patrons which was a piece of cruell bondage oppression unto the Church is removed to consent againe unto wreething of that yoke about her neck were no small transgression And it is clear that the attending of the Ministerie of such must be an accepting of them as Ministers lawfully called notwithstanding that they want the election of
admonish one another Rom. 15 13. Presse or urge a thing upon the minde of another so instruct them aright as children are instructed this sayeth they must often be together for this end 9. They must teach and admonish one another in psalms and hymnes and spirituall songs Col 3 16. can this be done unlesse they assemble together 7. They must be kinde or profitable one to another Ephes. 4. last this sayeth they must not be strangers to other 8. They must serve one another in love Gal. 5. 13. that is they should spend themselves for one another for their spirituall advantage that in love should they not then assemble together 9. They must receive one another Rom. 15 7. that is receive with affection imbrace one another And must they then scarre at the company of one another And not rather receive other into their intimate fellowship 10. They must be subject one to another Ephes. 5 21. 1 Pet. 5 5. every one ready to give to take reproofs to from another to do service to other as called thereto this sayeth they must not live as strangers to other 11. They must confesse their sinnes to one another and pray for another Iam. 5 16. 12. They must ministere their gifts to one another 1 Pet. 4 v. 10. Obj. It will be objected that this is sedition opposeing of established lawes made for the good of the common wealth against such conventicles therefore such controvâ—…ers cannot be justified Ans. It is not for fear of any disturbance to the peace of the common wealth that such Acts are made for a few women who in all likelihood are able to do little that way may not meet together 2. The heathens did pretend this when they made lawes against the meetings of the primitive Christians And therefore their meetings were called Factions And conventicles And yet the primitive Christians did not forsake the assembling of themselves together notwithstanding of all these edicts albeit that severall times they were put to suffer upon that account seâ—… this fully made out by the learned Mr Stilling fleet in his Origines sacrâ—… Lib. 2 cap. 9. Pag. 316. c. And who then will condemne these Zealous Christians now for so doing SECTION XIX The unlawfulnesse of compeering before the high Commission Court demonstrated TO the end that the forementioned persecution of the saints servants of God might be the better carryed on There is a high commission court erected consisting of the two arch prelats some other prelats of some noble men some Magistrats of brughs some souldiers others And this number or any five of them a prelate being alwayes one of the five have power granted to them from the King who appoynteth them by vertue of his prerogative royall supremacy over all persons in all causes ecclesiastiek as was shown above Sect. 12. To suspend deprive excommunicate as also to punish by fineing consineing committing incarcerating all keepers of conventicles all Ministers who contrare to the lawes acts of Parliament councell remaine or introduce themselves upon the exercise of the function of the Ministery in those parishes bounds inhibited by those acts all preachers who come from England Irland without sufficient testimonialls or leave of the Bishops of their dioceses all such persons who keep meetings fasts at the administration of the sacrament of the Lord's supper which are not approven by authority All who speak preach write or printe to the scandall reproach detriment of the Estate or government of the Church Kingdom as it is now established All who contemne molest injure ministers who are orderly setled All who do not ordinarily attend divine worship administration of the word sacraments performed in their respective parishes by ministers legally authorized for taking the cure of these parishes All such who without any lawfull calling as bussy bodies goe about houses places for corrupting disaffecting people from their alleagiance respect obedience to the lawes And generally without any prejudice to the particulars specified all who expresse their dissaâ—…sfaction to his Maj. authority by contraveening the acts of Parliament Councell in relation to Church affaires etc. This court appeareth terrible unto the godly for the persecution of whom of none else no not the most flagitious prophane it is erected seemeth to be as a new court of inquisition But that which is more lamentable is this That there lyeth hid here a dreadfull snare for tender consciences For it is such a court as tender hearted Christians cannot but scruple to acknowledge or compeer before without a declinature the giving in of which would be accounted laese Majesty therefore in such a case such as resolved to keep a good conscience in this day of tryall defection saw a necessity of withdrawing of not compeering at their summonds even though they might have pleaded them selves innocent of any crime laid to their charge Now if any would desire to know the reasons why such a court cannot in conscience be owned acknowledged or submitted unto as a lawfull judicature let him consider these particulars lay them together he shall see clear reason for either declineing or withdrawing 1. This is a judicature meddling with censures purely ecclesiastick such as suspension deposition of Ministers excommunication both of Ministers people therefore must be acknowledged to be a Church judicature Now there is no warrand for any such Church judicature in all the new testament nor is there any precedent of the like to be found in the Gospell Christians must acknowledge no Church judicature but what hath a speciall warrand from Christ's law testament 2. This is a Church judicature having its rise power commission only from the King the King granteth this power to this Commission authorizeth this court by vertue of his royall prerogative over all persons and in all causes as well ecclesiasticke as civil So that none can acknowledge this court but withall they must acknowledge the Kings prerogative royall supremacy in all causes over all persons particularly they must acknowledge that pure proper church power doth properly reside in the person of the supreme Magistrat that he hath proper power to suspend depose ministers also to excommunicate so hath power to Commiâ—…sionat any of his subjects he thinketh good for that effect But what presbyterian yea what sound protestant who is not devoted to Erasius's Antichristian notions will or can acknowledge this 3. In this judicature civil persons as such viz. the Chancellour Thesaâ—…rer duk Hammilton Marquis of Montrose Earles Lords others who are no Church officers have power in Church matters viz to suspend depose excommunicate But this is against all the Discipline lawes of Christ's house for Christ will have the affaires of his house governed by
officers of his owne appoyntment Who then can acknowledge such a court not with all consent unto this intolerable incroachment upon the privileges of Christ his crowne justling of our Lord out of his rights is not this the fountaine of all disorder confusion tending in end to the utter overthrow of all Church discipline to to the totall overturning of the Established order of Christ's house can any acknowledge such a court seing such sad consequences will follow thereupon 4. In this judicature ecclesiasticke persons have power of civill matters civill punishments for the court hath power to fine coâ—…fine committ and incâ—…rcerat for contraveening the Acts of Parliament But that Church officers should medle with civill matters is diametrically opposite unto Christ's word Mat. 20 25. Luk. 22 25. where he forbiddeth all the exercise of any such power as was exercised by Kings and civill powers on earth saying the princes of the gentiles exercise dominion and they that are great exercise authority but it shall not be so among you so that the very exercise of the power is prohibited if any should think that he meaneth only the â—…anny abuse of the power because he useth the compound words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Luk doth sufficiently take away this objection when he useth the simple words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the scope of the place cleareth it also for the question unto which Christ returneth this answere is concerning primacy power and not concerning the abuse of the power So then whoever do acknowledge this court do approve in so far of this contradiction to Christ's command 5. The acknowging of this court would be upon the matter a justifying of all the Acts of persecution exercised against the worthles of old for avouching the Kingly office power of Christ declineing the civill courts in Church matters so a condemning of the Zeal of those worthies who hazarded life all which was dear to them in giving testimony against the incroachments made upon the crown and privileges of Christ as King But certanely a Christian tender of the glory of God of his cause which hath been is hated persecuted by his enemies would scarre at this 6. Particularly the acknowleding of this court would be a condemning of worthy precious Mr Rutherfoord Mr Dickson who declined the High commission and refused to passe from their declinature on any termes wherein they were singularly eminently owned of God approved by his testimony to their spirits And what tender Christian could do this 7. The acknowledging of this court is a clear breach of the first article of the league covenant in severall particulars as 1. the acknowledging of this court is an overturning of all the principles of Presbytâ—…rian Government so contrary to that oath whereby every one is sincerely really and constantly through the grace of God to endeavoure the preservation of the reformed religion of the Church of Scotland in doctrine worshipe discipline and government And that because 1. It is contrary to the principles of presbyterian Government to have Church power derived in whole or in part from any prince or potent at upon earth but only from Iesus Christ the sole King head of his Church 2. It is contrary to the principles of presbyterian government to have Church censures dispensed by any except Church officers 3. It is contrary to the principles of presbyterian government to have Church officers medling with civill affairs 4. It it contrary to the principles of presbyterian government to have any other Church judicatories then such as are allowed by the Gospell 5. It is contrary to the principles of presbyterian government to have Church power civill power confounded in-distinct 2. The acknowledging of this judicature would be a condemning of the work of reformation in part for this is one piece of the doctrine of the Church of Scotland one piece of the reformation viz. That Church officers should not meddle with civill power or places this was much looked to at the begining of the late work of reformation condemned both by Church and state Anno 1638 1639 1640. And therefore tender Christians could not do this sinne against God 8. The acknowledging of this judicature is a breach of the second article of the same league Covenant Upon this account that it is an acknowledging of the power of prelats in the highest degree of that power which ever they had in Scotland And next upon this account that it is an approving of that which is contrary to sound doctrine the power of godlinesse so a partaking of other mens sinnes a runing the hazard of receiving of their plagues expresly contrary to that article 9. As to the civill part of this court for it is a monster of judicatories viz. two distinct bodies under one head The acknowledging of it would be a crossing of the third article of the league Covenant upon a two fold account 1. In that it is a wronging of the rights privileges of Parliaments â—…o owne a judicature not approved established by any Act of Parliament old or late 2. In that it is a wronging of the liberties of the Kingdome to consent unto an arbitrary power assumed by the prince over them contrary to the fundamentall lawes of the land in setting up what judicatories he pleaseth without consent of Parliament without whose speciall warrant authority the meanest fixed court cannot be erected 10. It is a court unamimously condemned by the Church of Scotland in their assembly 1638. Act Sâ—…ss 14. upon very pregnant considerable grounds for they found that it had been erecâ—…d without the consent or procurement of the Kâ—…rk or consenâ—… the â—…states of Parliament That it did subvert the jurisdiction and ordinary judicatories assemblies of the Kirk sessions presbyteries provinciall and nationall assemblies That it was not regulated by lawes civill or ecclesiasticall but at the descretion and arbitrement of the câ—…mmissioners That it gave to ecclesiasticall persons the power of both tâ—… swords and to persons merely civill the power of the keyes and Kirk censures and therefore did prohibite the use and practice of it as being a court unlawfull in it self and prejudiciall to the liberties of Christ's Kirk and Kingdome and the King's honour in maintaining the Established lawes and judicatories of the Kirk Now how could any true member officer of the Church of Scotland acknowledge this judicature so unanimously dis-allowed condemned by that Church 11. The acknowledging of this court would be a clear breach of the nationall covenant as sworne subscribed Annâ—… 1638 1639. for in that covenant the land was sworne to resist all corruptions according to their vocation to the uttermost of that power which God had put into their hands all the
to any Councell But what followed upon this perfidious dealing When the report of the execution of Iohn Husse Ierome of prague spreadeth thorow Bohemia there ariseth great tumults which draw to a war under the valient renouned Iohannes Zischa which was so bloody cruell that Sigismund was forced to implore help of the Empire Memorable is that passage in the Turk's historie concerning the Covenant betwixt Vladislaus King of Hungary Amurath for Ten yeers peace the consequences of the breach thereof This Vladislaus was moved by great Kings princes as well Mahumetans as Christians also by Iohn Palaeologus of Constantinople by Francis the Cardinall of florence generall of the Christian fleet who shewed him how low Amurath was brought what faire advantages the Christians had Especially by Iulian the Cardinall who had a long speach to this end pressing him to break that Covenant having ended his discourse in name of the Pope he disannulled the league absolved Vladislus all whom it might concerne Whereupon the war was renewed against the Turks when battell was joyned near to Varna the victory began to incline to the Christians so that Amurath was thinking to flee but was stayed by a privat souldier when he saw the great slaughter of his men beholding the picture of a crucifix in the displayed banner of the Christians he plucked the paper out of his bosome which did containe the late league holding it up in his hand with his eyes cast up to heaven said Behold thou crucified Christ this is the league which thy Christians in thy name made with me Which they have without cause violated Now if thou be a God as they say thou art and as we dreame revenge the wrong now done unto thy name and me and shew thy power upon thy perjurious people who in deeds deny thee their God A little thereafter Vladislaus is killed his head is stuck up upon the poynt of a speare his army is broken Iulian the Cardinall is found mortally wounded by the way side in a desert Scarce the third part of the Christian army escapeth And long after this the warre with the Turks had very ill successe It is reported of Rodolphus duke of Suevia that being instigated by the Pope he waged ware against Henry the 4th Emperour of Germany contrary to his oath having a crown senâ—… to him with this Motto Petradedit Petro Petrus diadema Rodolpho The rock gave 't Peter Peter so On Rodolph doth this crowne bestow But in fight Rodolphus lost his right hand falling sick he called for it said â—…ehold this my right haâ—…d which hath suffered a just judgment which through your Importunity contrary to all equity broke that oath which was given to Henry my Lord and master Fuller in his history of the holy war speaking of the causes of the many losses which the Christians had in that undertaking sayeth How could saiftie it self save this people 〈◊〉 blesse this project so blackly blasted with perjurie a sin so repugnant to morall honesty so injurious to the peace quiet of the world so odious in it self so scandalous to all men to break a league when confirmed by oath the strongest bond of conscience the end of particular strife the souldier of publick peace the assurance of amity betwixt diverse nations is a sin so hainous that God cannot but most severely punish it no wonder then that the Christians had no longer abideing in the holy hill of Palestine driveing that trade wherewith none ever yet thrived the breaking of promises wherewith one may for a while fairely spread his traine but will melt his feathers soon after The fabrick must needs come tumbling down whose foundation is laid in perjury In the history of Scotland there are severall memorable passages to this purpose When Durstus the eleventh King was pursued by the Nobles for his wickednesse had promised to amend his manners He did solemnely swear to passe in oblivion all by-gones but thereafter he treacherously killed the nobles at a feast unto which he had invited them But what followed upon this The body of the Land rose up in armes against him he was killed in battell Thus did God pursue him for his perfidy It is recorded by Buchan on the life of Gregorius that the Britans after they had made a peace with the Scots did break their Covenant invaded the Scots But divine vengeance pursued them for this for they were broken defate by Gregory at Lâ—…maban their King Constantin was killed Memorable is that story of Balliol who to get the Kingdom promised swore subjection unto the King of England thereafter having received some â—…ussle at the court of England for being accused by one McDuff he was constrained to stand at the barr there to defend himself he reneweth the old league with France casteth off England contrare to his oath alledging that he was forced to give that oath that albeit he had done it willingly it could not stand because he had not the consent of Parliament without whose consent the King might do nothing in matters belonging to the whole Kingdom But these shifts could not clear him from perjury nor free the land from wrath because of that sin for war was raised at Berwick above 7000 of the Scots were killed even the floure of the nobility of Lothian â—…ife The castles of Dumbar Sterline Edinbrugh were taken Balliol himself was at length apprehended sent prisoner to London all the nobles were called by King Edward to Berâ—…ick there were forced to swear subjection to him And thus was the Kingdom keeped at under a long time by the Englishes save what liberty was obtained by renowned Sr William Wallace but this did not last long for Scotland was againe subdued King Edward called a Parliament at St Andrews where againe all the nobles except Sr William Wallace did swear alleagiance unto him this was the sad fruite of perjury which made the land mourn many a day When Cumin Bruce made a compact together at London for to endeavour the liberating delivering of the Kingdom out of the hands of the Englishes had given an oath of secrecy faithfulnesse to other Cumin perfidiously did reveal the matter unto King Edward but for his treacherie God pursueth him for ere long he is killed by Bruce in the Church of Drumfries About the year 1447. England breaketh their promise of truce unto Scotland useth some incursions to spoile Scotland But being payed home by the Scots it draweth to a warre on the south borders there England is foiled looseth 3000 beside many prisoners the Scots obtaine a great booty for the English did certanely expect the victory therefore came forth more for pompe glory then for fighting About the year 1535 the King of England sent to Scotland to commune with the King about some
because of the palpable breach of a Covenant Or such a peace as is very consistent with the curse vengeance of God pursueing the quarrell of a broken Covenent But whoever he be he tryeth his skill strength in pulling down both the solemne league Covenant with which he both beginneth endeth the nationall Covenant which he fighteth against on the bye his strength in this matter must be tryed In dealing with the Solemue league covenant he layeth downe three maine grounds The first is this pag. 22. That an oath howsoever in it self lawfull yet the case may be such that by something following after it may cease to binde yea the case may be such that it can not lawfully be keeped It will not be necessary to examine this at any length as it is here set down but it will be sufficient to examine it in so far as it maketh for the purpose in hand that will be by examineing Whether the cases wherein he alledgeth this holdeth good will suite the Covenant now under consideration He mentioneth three cases The first is this When the matter of an oath is such as doth belong unto a superiour to determine in then the oath of the inferiour ceaseth to â—…blige when the superiour consenteth not to what is sworne This is both agreeable to reason because no deed of the inferiour can prejudge the right of the superiour also sound divines do acknowledge this upon the common equitie of that law Numb 30 4. Unto which these things may be replyed 1. Whether the relation betwixt subjects Magistrats be so strait as is the relation betwixt parents Children betwixt huâ—…band wife may be some what questioned as to the matter in hand the one being naturall the other but politicall the one such as cannot be changed at will the other such as may A man may Choose to live under what Magistrat he will but a woman cannot cast off her parents her husband when she will take others therefore there may be a greater latitude allowed in the one case then in the other whether Magistrats subjects come within the compasse of that text Numb 30 May be questioned also seing there is nothing in the text hinting at this Yea though Moses be speaking to the heads of the tribes concerning the Children of Israel yet he maketh no mention of this case nor of any other except of two viz. a woman under a husband a woman not sorisfamiliat though analogies may be allowed in some cases yet there ought to be a clear ground out of the word for such analogies as will founde an argument against the obligeing force of oaths such analogies as will warrand consciences in this case had need to be very clear undoubted 2. Though this analogie were ganted yet this case will speak nothing to the poynt in hand unlesse it were proved that there were no civil Magistrats in Scotland beside the King that all Even the Estates of Parliament convâ—…ened in Parliament were subjects nothing else but subjects so though the Parliament all the land at the command of the Parliament should take an oath it should not binde if the King dissented therefrom But there is enough said above to show that supreme soveragnitie did never so reside in the Kings of Scotland as that Parliaments even in their Parliamentary capacity were no sharers thereof And this one thing is enough to disprove this phancy viz. That the legislative power which is an eminent part of severaignitie did alwayes in paâ—…t at least belong unto the Parliament of Scotland for they statute ordaine together with their soveraigne Lord therefore they are called the Acts of Parliament Yea without a Parliament the King can make no lawes yea nor can he make a law without all the Estates of Parliament But of the power of the Parliaments of Scotland in making lawes yea over the King himself enough hath been said therefore this case doth not concerne the matter in hand 3. Let this be given though it cannot be granted Yet this case will not help his cause because it can hold good in no other things but such in which the inferiour is subordinat to the superiour is by the law of God subject unto him as the doughter in the matter of her marriage or the like is subjected unto her parents the married wife in the disposall of domestick goods affaires is subjected unto her husband but in matters of religion in morall duties no wife is so subjected unto her husband nor doughter unto her parents as that they can loose the obligation of their vowes promises Yea in this case it will be easily ganted that inferiours may vow Covenant not only without but even against the command of superiours for it is alwayes better to obey God then men Now it hath been showne above that these Covenants are about morall duties matters of religion wherein inferiours are not to waite upon their superiours But must advance whether they will or not But to this he replyeth Pag. â—…3 That such as plead the obligation of the Covenant in the matter of Episcopacy must suppone that it is indifferent or not unlawfull for if by God's word 〈◊〉 be found unlawfull then whether there had been a Covenant against it or not it cannot be allowed It is Answered 1. It will not be a fit place here to lanch forth into the disput concerning Episcopacy more is already said against it by many famous worthie divines then is or in haste will be Answered as for what this Author is pleased to say for it against presbyterie else where in his pamphlet it is but that which hath been said said over againe by others before him who knew to put their arguments in a better dresse then he doth is sufficiently answered by others but if he had brought any new arguments forth to the field it had then been fit to have taken some notice of them But 2 whereas he thinketh that such as plead the Covenant obligation must suppon that Episcopacy is a thing indifferent that presbytery is nothing else he runeth alone without the company of any casuist or divine for all do grant that an oath may be de re lâ—…cita possibili concerning a matter lawfull and possible and particularly that it may bâ—… about a matter morally good that in things morally good an oath hath an obligeing force ad quae praestanda sayeth D Sander sâ—…n de jur prâ—…m obl pâ—…ael 3. § 6 vel injurati tenemur jurati multo tenemur magis accedente sciliceâ—… ei quaepraefuit ex praecepto nova obligatione ex jureâ—…urando i e. for the doing of those things which we are bound to do though not under an oath being under an oath we are much more bound for to the former obligation ariseing from the command there
Covenant And presbyterian Government was no way secured it not being once named but wrapped up in generall under the reformation in doctrine worship discipline Government unto which independents separatists might assent purposeing to preserve the same against the common enemy yea even such as entered into the Covenant could not agree in its sense as may be seen in the Parliament of England's baffling the Scottish Commissioner's declaration Anno 1647. other papers Ans. 1. To say that the Covenant was purposely framed in generall termes that severall parties might be fast united against prelacy is a base slanderous imputation But suteth him well who pleadeth for such a cause If the Covenant for the most part be thus conceived in generall ambiguous termes how cometh it to passe that he produceth not instances thereof no not so much as one Was it not as cleare as the sun shineth at noon day that the reformed government of the Church of Scotland at that time was presbyteriall And did not himself say a little before that at that time there was no such officers in the Church of Scotl. as are mentioned in the second article of the league Covenant And whereas he sayeth that severall sects did lurk under the lap thereof doth â—…he think this a cogent argument to prove it's ambiguity What sect is it which doth not plead scripture Shall scripture therefore be accounted ambiguous 〈◊〉 No not at all Let men of corrupt mindes principles wrest words in the Covenant as they please the Covenant to any who shall reade it is plaine clear enough he who will wink may wander at noon day let men imagine put what glosses they will on scripture It is plaine hath but one sense But what will all this make to the businesse Will the obligation of a Covenant in which some men think there lyeth some ambiguities be loosed upon that account This must be proved ere it be received off his hand as a truth neither he nor any of his party hath hit hertill attempted any such thing Lastly is there any ambiguity in the second article Yet sayeth he were it not better to lay aside when now it is disclamed by Kiâ—…g Parliament all persons of trust in the land a human for me which in respect of the composure of it is apt to be hath been is like to be a seminary of variety of parties worse evills then prelacy is imagined to be When he hath made it to appear that this composure is apt of its own nature to be such a seminary of worse evills then prelacy his advice may be taken to consideration but till then which will be ad Calendas gracas he must excuse the Covenanters for neither King nor Parliament though they had the pope with them can give a dispensation in a matter of an oath And King Parliament with all the persones of trust will have enough to do to hold the broad roll the curse off themselves their houses their posterity to keep themselves out of his hands Who will be a swift witnesse against false swearers though they undertake not to protect others from the wrath vengeance of God The last particular which he exaggerateth is the limited or conditionall preservation of the King's Maj. person authority viz. in the preservation defence of the true religion c. He enquireth whether this was right or not And if difference in religion loose a people from their duty to the King To which a short reply will suffice 1. Though it were granted that there were some thing wrong here this will not ground the non-obligation of the Covenant in other particulars what hath he gained then 2. What ever wrong may be in wording this article thus The blame is not be laid upon the first authors of this league Covenant For in the nationall Covenant which was subscribed at first by King Iames his houshold Anno 1580. And in obedience to an act of Councell together with an Act of the Generall Assembly by persons of all rankes Anno 1581. And againe subscribed by all sorts of persons Anno 1590. 1591. The Covenanters duety towards the King is so qualified in these words We protest promise with our hearts under the same oath hand write paines that we shall defend his person authority with our gear bodyes lives in the defence of Christ's evangell liberties of our contrey ministration of justice punishment of iniquity against all enemies within thâ—… realme or without So that if he annull the leagué Covenant upon this account he must much more annull the nationall Covenant whereof King Iames was the author For in that there is more addâ—…d to the qualification of their duty to the King viz. his minisiration of justice and punishment of juiquity So then this clause in the league being consonant unto that in the nationall Covenant needeth not be so much quarrelled at 3. It is like he is displeased with any such qualification but his reason is not very forceable viz. because it would insinuat that they were no otherwayes bound to defend him for it will only insinuat that the Covenanters are to preferre that which is of greater moment unto that which is of lesser concernment that they are to preferre the end unto the mean leading to the end That is when the King is in direct opposition unto the cause work of God it becometh them to preferre the interest of Christ before man's not to help the mighty against the Lord but the Lord against the mighty And when defending promoveing or any way advanceing the authority of the King shall directly tend to the ruine of the interest of Christ religion no Christian is bound to concurre And this was granted even by the Parliament Anno 1648. So that the question betwixt the Parliament the Church at that time was not whether religion the interests of Christ should be preferred to the interest of the King or not But whether the Engadgement which was then carryed on was not a preferring of Man's interests to Christ's for as to the thesâ—…s or major proposition it was granted by the Parliament viz. That Christ's interest should be sought before man's the King's interests only in a subordination to Christ's Thus they did professe openly their owneing of the Covenant their resolution to prosecute the ends of the covenant to seek to secure establish the King's interests only in subordination to the interests of Christ for in their letter to the presbyteries Printed in their records May. 11. They shew that they were resolved to proceed for the preservation defence of religion before all other worldly interests whatsoever to carry on sincerely really constantly the Covenant all the ends of it And againe in their answer to the supplications from Synods presbyteries Iun. 10. insert likewise in their
jurisdiction being exercised by Bishops or superintendenss or commissioners And these Though the assembly quarrelled them were reall Bishops And would the King by his oath abjure that Church Government which was not rejected by the Church till Iuly 12. 1580. And in the yeer 1581. Though the King Councell had presented the confession to the Assembly to be subscribed by them by the people in their parisâ—…es yet that very same yeer within six moneths thereafter there is an act of councell confirming expressly the agreement at Leth 1571. And this act of Councell the King did openly avow in the businesse of Montgomery Now it is not probable that the King Councell if they intended to abjure episcopacy by the confession would within six moneshs confirme that agreement at Leth. Ans. 1. It hath been shown but just now that severall yeers before the yeer 1580 The Generall assemblies of that Church were declareing themselves against prelats their power were acting so far as lay in their power and that was much considering what opposition they did meet with for presbyterian government 2. It is certaine that Church Government by prelats was never approved by any of the generall assemblies in those dayes 3. Though before the yeer 1580. The Assembly did not formally passe an act against Episcopacy Yet was it not equivalent when Anno 1577. 1578. The second book of discipline which overturneth the Government of the Church by Bishops was approved 4. This same act of the Generall Assembly at Dundee was before the subscribeing of the Covenant For it was in Iuly the Command for subscribeing of the Covenant came not forth till the 2 March thereafter that 2d of march was said to be Anno 1580. as well as Iuly before because at that time the denomination of the new yeer did not begin in Scotland untill the 25 of March so it is his mistake to think that the Covenant was enjoyned to be subscribed six moneths before the Act at Dundee 5. Whereas he sayes that An. 1580. there was no such thing in Scotland as government by presbyteries if he meane that that government was not setled thorow the whole Kingdom he speaks truth but nothing to the purpose but if he meane that in no part of the countrey there was any such government he is mistaken for at the assembly Anno 1578. there was mention made of presbyteries for amongst the articles which this assembly drew up to be subscribed by those prelats whom they had caused cite before them this was one viz the 6. that they should not Empire over elderships but be subject to them the 7. was that they should not usurpe the power of presbyteries So that there were presbyteries in the land at that time Yea the narrative of the 131. Act parl 8. King Jam. 6. Anno 1584. maketh mention of sindry formes of judgments jurisdictions as well in spirituall aâ—… temporall causes entered in practice and custome and that dureing 24. yeers by past those formes of judgments jurisdictions in spirituall causes were assemblies Synodall presbyteriall parochiall all which were discharged by that Act And hence it is clear that there were such judicatories in the land before the yeer 1580. Moreover at the Assembly 1579. there was a motion made about a generall order to be taken for erecting of presbyteries in places where publick exercise was used untill the policy of the Church were established by law it was answered that the exercise may be judged to be a presbytery So that the Kingdom at that time was not without presbyteries Yea their frequent nationall assemblies shew that the Church was governed presbyterially 6. This is certane That there was some government of the Church sworne to in that Covenant for there are these word in it That we joyne ourselves to this reformed kirk in doctrine faith religion and discipline promiseing and swearing by the great name of God that we shall continue in the doctrine and discipline of thiâ—… Kirk and defend the same according to our vocation and power all the dayes of ourlife Now all the difficulty is to know what this government was And it is certane That either it was the government by presbyteries or the government by prelats It could not be the government by prelats 1. because that was not the government discipline of the Kirk but the government discipline against which the Church had been striveing with all heâ—… might 2. It is not imaginable that the Ministery of the land would swear to defend the government of the Church by prelats all the dayes of their lives when they were usâ—…ing all meanes to have the Church free of that yoke 3. When the confession of faith was presented unto the gen assembly to be subscribed by them An. 1581. would they have assâ—…nted unto the same if thereby they had been bound to maintaine prelacy seing at their very last meeting they had made such an expresse Act against prelats 4. When the Laird of Caprinton his Maj. commissioner did presente unto the generall Assembly the confession of faith or nationall Covenant he presented withall from his Maj. a plot of the severall presbyteries to be erected in the Kingdome mentioning the presbyteriall meeting places designeing the severall parishes which should belong to such such presbyteries As also a letter from his Maj. to the noblemen gentlemen of the countrey for the erection of presbyteries consisting of Ministers elders for dissolution of prelacies may not any hence argue after the author's manner say is it any way probable that the King Councell if they intended to establish prelacy by the confession of faith would in that self same day which is a shorter timâ—… then halfe a yeer wherein â—…he confâ—…ssion was presented as subscribed by the King his houshold to be subscribed by the assemby presente such a plot for presbyteries thorow the whole Kingdom c Let this advocat answere this if he can It must then be an undoubted truth That the government sworne to in that nationall Covâ—…nant was presbyterian government 7. And whereas he sayeth the King within Six moneths thereafter did stand to the agreement at Leth avowed it in the businesse concerning Montgomery it will not say much if it be considered how at that time Aubignee grew great at couâ—…t as was shown above Sect 1. Obtained the superiority of Glasgow made a paction with Montgomery And when the Church judicatures were examineing the carriage of this Montgomery first last he stirred up the King against them what will all this say But that Kings had need of faithfull constant counsellours about them lest they be made to undoe their owne works in a short time There was many a change at court as contrary parties gote up so was the King sweyed He addeth That neither did tâ—…e assembly or any Minister speak of that deed of the
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
was petended the true cause was that which made him so famous even his zeal activity for the work of God in his generation for what ever else they had to lay to his charge if he had either opposed the work of God or done as litle for it as many other of the Nobles his life would not have been taken now more then the life of others it is true other things were sought to colour this bussinesse and failing one another failing that a third but in end ther is a comprehensive generall set downe as the ground of the sentence to this purpose That he had been an enemy to the king his interest these 23 yeers or more by past which in effect is as much as to say he had been an active friend for the interest of Christ. But because generalls cannot well be proved they condescended on severall particular actings of his in carrying on in his place station the work of reformation when all these failed they fix upon his complyance with the Englishes after they had subdued the land in battell and forced the king out of his dominions had garrisoned the whole land used it almost as a conquest by sitting in their parliament when chosen by some shire and when the rest of the shires of the land had sent their commissioners thither This his complyance with them at that time by sitting in their judicatories and there concurring with his advice counsel for the good of the land that was now under their feet is the only particular ground upon which his sentence is founded and the particular speciall cause pretended for which he was condemned to lose his head as a traitour to have his head put up on tâ—…e top of the tolbooth as an eminent traitour A sentence which question lesse at first veiu may make all men of understanding astonished to wonder how ever it could have entered into the minde of the parliament of Scotland to sentence unto death such a peer of the land such an usefull member of the Kingdome an ornament upon such a ground and for such a cause But if these foure particulars be considered the matter will yet appear more wonderfull 1. The matter of complyance with the Englishes at that time was so farr from being accounted treasonable that severall of the lawyers among whom was one Sr Iohn Fletcher who was now advanced to be his Maj. advocat did accuse this worthy Nobleman of treason did swear subscribe an oath to be faithfull unto the governement as it was then established without King house of Lords Now if there had been treason really in this deed either by the civill law or by the municipall lawes of the land would not the lawyers have perceived it whose dayly work study the lawes are 2. If this had been the deed of this nobleman alone the mater had been lesse to have been wondered at but it being such a deed whereof few of the nobles of Scotland were altogether free yea whereof many of the members of Parliament his judges were guilty the matter is beyond a parallel It is hard to make secios criminis sit as judges condemne the accused reason would require that the table should be purged Is it not strange for a Parliament to condemne one for such a fault for which many of their own members might with as much justice equity be condemned and is it not strange how they being by their own confession traitours in the heighest degree could fitt judge others It is true it will be replyed That his Maj. might pardon whom he pleased But then it will aboundantly appear that not this But something else was the cause of this worthy nobleman's death Whatever may be said in poynt of law yet it will be a disput in poynt of conscience If kings may pardon such crimes as do deserve death by the law of God or if such crimes which kings may pardon of their own accord according to their own good pleasure do before the Lord deserve death 3. If the Parliament had thought this particular worthy to bear so much stresse why would they have spent so much of their time in searching for other grounds to goe upon 〈◊〉 why did they not make use of this at the first but it is like this had never once been mentioned if they had been able to fasten treason upon any other of his actions this makes it so much the more to be wondered at that they would condemne such a noble man for such a particular which they would never once havâ—… named if they could have done their intended work otherwayes 4. Is it not strange that of all the complyers of Scotland there was not one except this nobleman impannelled upon this account let be put to death yea is it not strange that those noble Men were never once questioned who being desired by Generall Monck when he was entering England with his army to rancounter Lambert did abjure king Charles his interest this Nobleman must die Yea is it not yet more strange that one William Purves who by complying had occasioned almost ruine to many noblemen brughs and gentlemâ—…n should have been absolved by act of Parliament as might be cleared if there were a table of the unprinted acts set down after their acts as is done alwayes in other Parliaments and yet this nobleman must be sentenced to death for complying for the good of the countrey But to speak unto the bussinesse in poynr of law let these foure or five Particular quaere's be considered and then any shall be able to perceive the iniquity of this sentence 1. By what act of Parliament is such a deed as this condemned as treasonable By what municipall law can any member of the Kingdome be challenged upon the account of treason for treating with a conquerour for life liberty for sitting in his councells for the good of the countrey after that he with the rest of the body of the land had foughten in the defence of King countrey till no more could be done after the whole land had been overcome at severall battels and wholly overrun had acted nothing for the advantage of the enemy disadvantage of the king countrey before the victory obtained but in all poynts had carryed as became a loyall subject contributing all the help by armes counsell which was required what act of parliament declareth such a deed as this treasonable such a subject to deserve death as a traitour 2. Was there ever such a Practique in Scotland since ever there was a king in it Severall times was the kingdome of Scotland overrun by the kingdome of England particularly in the dayes of Baliol at that time King Edward caused the Nobles of Scotland swear all aidgeance unto him But when Bruce came to be King was there any of the Nobles questioned for treason upon that account