general assembly IN this Chapter the challenge is that there are no appeals from the general Assembly to the King as in England from the Bishops Courts to the King in Chauncery Appeales in Scotland from a generall Assemâ—ly were no lesse irrational then illegall where a Commission uses to be given to delegats who discusse the appeals Ans The warner considers not the difference of the Government of the Church of Scotland from that which was in England what the Parliament is in the State that the general assembly is in the Church of Scotland both are the highest Courts in their own kinde There is no appeal any where in moderate Monarchies to the Kings person but to the King in certain legall Courts as the Warner here confesseth the appeal from Bishops lies not to the King in his person but to the King in his Court of Chancery As no man in Scotland is permitted to appeal in a civill cause from the Lords of Session much lesse from the Parliament so no man in an ecclesiastick cause is permitted by the very civil Law of Scotland to appeal from the general Assembly According to the Scots order and practice the King in person or else by his high Commissioner sits as usually in the generall Assembly as in Parliament But though it were not so yet an appeal from a generall Assembly to be discussed in a court of Delegats were unbeseeming and unreasonable the one court consisting of above two hundred all chosen men the best and most able of the Kingdom the other but of two or three often of very small either abilities or integrity who yet may be more fit to discern in an Ecclesiastick cause then a single Bishop or his Official the ordinary Trustee in all acts of Jurisdiction for the whole Dioces But the Scots way of managing Ecclesiastick causes is a great deal more just safe and Satisfactory to any rational man then that old Popish order of the English where all the spirituall Jurisdiction of the whole Dioces was in the hand of one mercenary Officiall without all relief from his Sentence except by an appeal as of old to the Pope and his Delegats so thereafter to the King though never to be cognosced upon by himself but as it was of old by two or three Delegats the weakest of all Courts often for the quality and ever for the number of the Judges The Churches â—â—st severity aâ—â—inst Montâ—â—mery Aâ—â—mson was â—proven by â—â—e King and â—â—e parties â—â—mselves Two Instances are brought by the Warner to prove the Church of Scotlands stopping of appeals from the generall Assembly to the King the cases of Montgomery and Adamson if the causes and events of the named cases had been well known to the Warner as he made this chapter disproportionably short so readily be might have deleted it altogether But these men were infamous not onely in their Ministeriall charges but in their life and conversation both became so insolent that contrary to the established order of the Church and Kingdom being suborned by wicked Statesmen who in that day of darkness had well neer brought ruine both to King and Countrey would needs take upon them the Office of Arch-Bishops While the Assembly was in Process with them for their manifold and high misdeameanors the King was moved by them and their evil Patrons to shew his high displeasure against the Assemblies of the Church they for his Majâ—sties satisfaction sent their Commissioners and had many conferences whereby the pride and contempt of these Prelats did so encrease that at last they drew the sentence of Excommunication upon their own heads the King after some time did acknowledge the equity of the Church proceedings and professed his contentment therewith both these unhappy men were brought to a humble confession of their crimes and such signs of repentance that both after a renunciation of their titulary Bishopricks were re-admitted to the function of the Ministry which they had deserted Never any other before or after in Scotland did appeal from the generall Assembly to the King the late Excommunicate Prelate in their declinator against the Assembly of Glasgow did not appeal as I remember to the King but to another Generall Assembly to be constitute according to their own Popish and Tyrannicall principles CHAP. IV. Faulty Ministers in Scotland are lesse exempted from punishment then any other men THe Warner in his fourth Chapter The pride of Prelats lately but never the Presbytery did exempt their fellows from punishment for their civill faults offers to prove that the Scotish Discipline doth exempt Ministers from punishment for any treason or sedition they can act in their Pulpits Answ This challenge is like the rest very false The rules of the Church Discipline in Scotland obliges Churchmen to be subject to punishment not only for every fault for which any other man is lyable to censure but ordains them to be punished for sundry things which in other men are not at all questionable and whatever is consuâ—able in any they appoint it to be much more so in a Minister It is very untruâ— that the Pulpits in Scotland are Sanctuaries for any crime much lesse for the grievous crimes of sedition and treason Let the Warner remember how short a time it is since an Episcopall Chaire or a Canonicall Coâ—t did priviledge in England and Ireland from all censure either of Church or State great numbers who were notoriously known to be guilty of the foulest crimes Was ever the Warâ—â—â—â— companion Bishop Aderton challenged for his Sodomy so long as their common Patron of Canterbury did rule the Court did the Warner never hear of a Prelate very sibb to Dâ—ctor Bramble who to this day was never called to any account for flagrant scandals of such crimes as in Scotland are punishable by the Gallows the Warner doth not well to insist upon the Scots Clergy exempting themselves from civill punishments no where in the world are Churchmen more free of crimes deserving civill Cognisance then in Scotland and if the ears and eyes of the World may be trusted the Popish Clergy this day in Italy and Spaine are not so challengeable as the Prelaâ—icall Divines in England and Ireland lately were for many grossâ— misdemeanors The Warner is injurious to the Ministers of Holland But why does the Warners anger run out so far as to the Preachers in Holland is it because he knoweth the Church D scipline in Holland to be really the same with that he oppugnes in the Scots and that all the Reformed Churches doe joyn cordially with Scotland in their rejection of Episcopacy is this a ground for him to slander our Brethren of Holland Is it charity for him a stranger to publish to the World in print that the Ministers in Holland are seditious Orators and that they saucily controll the Magistrates in their Pulpits Their crime seems to be that for the love of Christ their Master they are
devotion was among them by way of essayes as it were to frame the heart of the Son by the fingers of the dying Father to piety wisedome patience and every virtue but ever and anon to let fall so much of their owne ungracious dew as may irrigat the seeds of their prelaticall Errors and Church interest so farre as to charge him to presevere in the maintainance of Episcopall governement upon all hazards without the change of any thing except a little p. 278. and to assure that all Covenanters are of a faction engaged into a Religious rebellion who may never be trusted till they have repented of their Covenant and that till then never lesse loyalty justice or humanity may be expected from any then from them that if he stand in need of them hee is undone for they will devoure him as the Serpent does the dove These and the like pernicious maxims framed by an Episcopall hand of purpose to separate for ever the King from all his covenanted subjects how far they were from the heart language and writings of our late Soveraigne all who were aquainted with his cariage and most intime affections at New-Castle in the Isle of Wight and thereafter can testify But it is reason when the Prelates do frame an Image of a King that they should have liberty to place their owne image in its forehead as the statuary of old did his in the Boss of Pallas targe with such artifice that all her worshipers were necessitat to worship him and that no hand was able to destroy the one without the dissolution and breaking in peeces of the oâ—her yet our Prelats would know that in this age their be many excellent Engyneers whose witty practicks transcend the most skilfull experiments of our Auncestors and whatever may be the ignorance or weaknes of men wee trust the breath of our Lords mouth will not faile to blow out the Bishop from the Kings armes without any detriment at all to royalty Allwayes the wicked and impious cunning of these craftmen is much to be blamed who dare be bold to insert and engrave themselfes so deeply in the images of the Gods as the one cannot be intended to be picked out of the other more then the Aple from the eye unles the subsistence of both be But in hazard The other matter of his railing against us is the solemne league and covenant The only crime of the Covenant is that it extirpate prelacy when this nimble quick enough Doctor comes aflicted with all the reasons the whole University of Oxford can afford him to demonstrat it as he ptofesses in his last Chapter to be wicked false void and what not we find his most demonstrative proofs to be so poore and silly that they infer nothing of his conclusion To this day no man has shewed any errour in the matter of that covenant as for our framing and taking of it our adversaries drave us thereunto with a great deale of necessity and now being in it neither their fraud nor force may bring us from it againe for we feare the oath of God After much deliberation we found that covenant the soveraigne meanes to joyne and keep together the whole orthodox party in the three Kingdomes for the defence of their Religion and liberties which a popish prelaticall and malignant faction with al their might were overturning who still to this day are going on in the same designe without any visible change in the most of their former principles And why should any who loves the King hate this covenant which is the straytestry the world can devise to knit all to him and his posterity if so be his Majesty might be pleased to enter therein but by all meanes such a mischief must be averted for so the root of Episcopacy would quickly wither without any hope of repullulation an evill far greater in the thoughts of them who now mannage the conscience of the Court then the extirpation of Monarchy the eversion of all the three Kingdomes or any other earthly misery The Bishops are most justly cast out of England As for the third subject of the Warners fury against us our unkindnes to the late King if any truth were in this false challenge no other creature on earth could be supposed the true cause thereof but our unhappy Prelats all our grievances both of Church and Sate first and last came principally from them had they never been authors of any more mischief then what they occasioned to our late Soveraigne his person family and Dominions this last dozen of yeares there is abundant reason of burying that their praeter and Antiscripturall order in the grave of perpetuall infamy But the truth is beside more ancient quarrels since the dayes of our fathers the Albigenses this limb of Antichrist has ever been witnessed against Wicklise Huss and their followers were zealous in this charge till Luther and his disciples got it flung out of all the reformed world except England where the violence of the ill-advised princes did keep it up for the perpetuall trouble of that land till now at last it hath well neer kicked downe to the ground there both Church and Kingdome The Scots were never injurious to their King As for the point in hand we deny all unkindnes to our King whereof any reasonable complaint can be framed against us Our first contests stand justified this day by King and Parliament in both Kingdomes When his Majestie was so ill advised as to bring down upon our borders an English army for to punish our refusing of a world of novations in our Religioâ— contrary to the laws of God and of our country what could our land doe lesse then lie down in their armes upon Dunce law for their just and necessâ—ry defence when it was in their power with ease to have dissipat the opposite army they shew themselves most ready upon very easy conditions to goe home in peace and gladly would have rested there had not the furious Bishops moved his Majestie without all provocation to break the first peace and make for a second invasion of Scotland only to second their unreasonable rage was it not then necessary for the Scots to arme againe when they had defeat the Episcopall Army and taken New-castle though they found nothing considerable to stand in their way to London yet they were content to lie still in Northumberland and upon very meane tearms to return the second time in peace For all this the Prelats could not give it over but raised a new Army and filled England with fire and sword yea well neere subdued the Parliament and their followers and did almost accomplish their first designes upon the whole Isle The Scoâ—â— then with most earnest and pitifull entreaties were called upon by their Brethren of England for helpe where unwilling that their brethren should perish in their sight and a bridge should be made over their carcasses for a third warre upon
Scotland when after long triall they had found all their intercessions with the King for a modern and reasonable accomodation slighted and rejected they suffered themselves to be perswaded to enter covenant with their oppressed and fainting brethren for the mantainance of the common cause of Religion and liberty but with expresse Articles for the preservation of royalty in all its just rights in his Majestie and his posterity what unkindnes was here in the Scots to their King When by Gods blessing on the Scots helpe the opposite faction was fully subdued his Majestie left Oxford with a purpose for London The Scots selling of the King is a most false calumnie but by the severity of the ordinances against his receivers he diverted towards Linn to ship for Holland or France where by the way fearing a discovery and surprise he was necessitate to cast himselfe upon the Scots army at New-wark upon his promise to give satisfaction to the propositions of both Kingdomes he was received there and came with them to New-castle here his old oaths to adhaere unto Episcopacy hindred him to give the expected satisfaction At that time the prime leaders of the English army were seeking with all earnestnes occasion to fall upon the Scots much out of heart and reputation by Iames Grahame and his Irishes incursions most unhappy for the Kings affaires Scotland at that time was so full of divisions that if the King had gone thither they were in an evident hazard of a present war both within among themselfs and without from England our friends in the English Parliament whom we did and had reason to trust assured us that our taking the King with us to Scotland was the keeping of the Sectarian Army on foot for the wrack of the King of Scotland of the Presbyterian party in England as the sending of his Majestie to one of his houses neer London upon the faith of the Parliament of England was the onely way to get the Sectaryes disarmed the King and the people settled in a peace upon such tearmes as should be satisfactory both to the King and the Scots and all the wel-affected in England This being the true case was it any either unjustice unkindnes or imprudence in the Scots to leave the King with his Parliment of England was this a selling of him to his enemyes the monys the Scots received at their departure out of England had no relation at all to the King they were scarce the sixth parte of the arreares due to them for bygon service they were but the one halfe of the sum capitulat for not only without any reference to the King but by an act of the English Parliament excluding expresly from that Treaty of the armies departure all consideration of the disposall of the Kings person The unexpected evills that followed in the Armyes rebellion in their seasing on London destroying the Parliament murthering the King no mortall eye could have forseen The Scots were ever ready to the utmost of their power to have prevented all these mischiefes with the hazard of what was dearest to them notwithstanding of all the hard measure they had often received both from the King and the most of their friends in England That they did not in time and unanimously stur to purpose for these ends they are to answer it to God who were the true Authors the innocency of the Church is cleered in the following treatise Among the many causes of these miseries the prime fountaine was the venome of Episcopall principles which some serpents constantly did infuse by their speaches and letters in the cares and heart of the King â—o keep him off from giving that satisfaction to his good subjects which they found most necessary and due the very same cause which ties up this day the hands of covenanters from redressing all present misorders could they have the King to joyne with them in their covenant to quit his unhappy Bishops to lay aside his formall and dead Liturgie to cast himselfe upon the counsels of his Parliaments it were easy to prophecie what quickly would become of all his enemies but so long as Episcopall and malignant agents compasseth him about though al that comes neer may see him as lovely hopefull and promising a prince for all naturall endowements as this day breaths in Europe or for a long time has swayed a Scepter in Britaine yet while such unlucky birds nest in his Cabin and men so ungraciously principled doe daily besiege him what can his good people doe but sit downe with mournfull eyes and bleeding hearts till the Lord amend these otherwise remediles and insuperable evils but I hold here lest I transgresse to farr the bounds of an Epistle Thâ—â—eason off â—he dedication I count it an advantage to have you Lordship my judge in what here and in my following treatise I speak of Religion the liberties of our country and the Royall Family I know none fitter then your Lordship both to discerne and decerne in all these matters Me thinks I may say it without flattery which I never much loved either in my self or others that among all our Nobles for constancy in a zealous profession for exemplary practise in publick and privat duties the mercie of God has given to your Lordship a reputation second to none And for a rigid adhaerence to the Rights and Priviledges of your Country according to that auncient disposition of your Noble Family noted in our Historians especially that Prince of them George Buchanan the Tutor of your Grand-Father I know none in our Land who will pretend to go before you and for the affaires of the King your interest of blood in the Royall Family is so well known that it would be a strange impudency in me if in your audience I durst be bold wittingly to give finistrous information Praying to God that what in the candid ingenuity and true zeale of my spirit I present under your Lordships patrociny unto the eye of the World for the vindication of my mother Church and Country from the Sicophantick accusations of a Stigmatised incendiary may produce the intended effects I rest your Lordships in all Christian duty R. B. G. Hague this 28 May 7 June 1649. CHAP. I. The Prelaticall faction continue resolute that the King and all His People shall perish rather then the Prelats not restored to former places of Power for to set up Popery Profanity and Tyranny in all the three Kingdoms WHile the Commissioners of the Church and Kingdom of Scotland The unseasonablenesse of D. Brambles writing were on their way make their first addresses to his Majesty for to condole his most lamentable afflictions and to make offer of their best affections and services for his comfort in this time of his great distresse it was the wisdom and charity of the Prelaticall party to send out Doctor Bramble to meet them with his Faire Warning For what else but to discourage them in in the very
for the Word and Sacraments so for discipline in this all who are Christians old and late the Prelaticall and Popish party as well as others go along with us to maintain in doctrin and practise a necessity even in times of persecution that the Church must meet for the worship of God and execution of Ecclesiastick discipline among their own Members In this the doctrine and practise of the Scots is according to their setled laws uncontroverted by his Majestie If the VVarner will maintain that in reason and conscience all the Churches of the world are obliged to dissolve and never more to meet when an erroneous Magistrate by his Tyrannous Edict commands them to do so let him call up Erastus from the dead to be disciplined in this new doctrine of the Prelats impious loyalty The third Principle is that the judgment of true and false doctrine The finall determination of all Ecclesiastick causes by the Laws of Scotland is in the generall Assembly of suspension and deprivation of Ministers belongeth to the Church Ans If this be a great heresie it is to be charged as much upon the State as upon the Church for the Acts of Parliament give all this power to the Church neither did the Laws of England or of any Christian State Popish or Protestant refuse to the Church the determination of such Eccclesiastick causes some indeed do debate upon the power of appeals from the Church but in Scotland by the Law as no appeal in things civil goes higher then the Parliament so in matters Ecclesiastick none goes above the Generall Assembly Complaints indeed may go to the King and Parliament for redresse of any wrong has been done in Ecclesiastick Courts who being Custodes Religionis may by their coercive power command Ecclesiastick Courts to rectifie any wrong done by them contary to Scripture or if they persist take order with them But that two or three Pâ—aelates should become a Court of delegates to receive appeals from a general assembly neither Law nor practice in Scotland did ever admit nor doth the word of God or any Equity require it In the Scots assemblies no causes are agitat but such as the Parliament hath agreed to be Ecclesiastick and of the Churches cognisance no process about any Church rent was ever cognosced upon in Scotland but in a civill Court it s very false that ever any Church censure much lesse the highest of excommunication did fall upon any for robbing the Church of its patrimony The divine right of discipline is the tenet of the most of Praelats Our fourth challenged principle is that we maintain Ecclesiastick jurisdiction by a divine right Ans Is this a huge crime is there divine right in the world either Papist or Protestant except a few praelatical Erastians but they doe so If the Warner will profess as it seems he must the contradiction of that which he ascribes to us his avowed tenet must be that all Ecclesiastick power flowes from the Magistrate that the Magistrate himself may execute all Church censures that all the Officers appointed by Christ for the government of his Church may be laid aside and such a kind of governors be put in their place as the Magistrate shall be pleased to appoint that the spiritual sword and Keyes of heaven belong to the Magistrate by vertue of his supremacy as wel as the temporal sword and Keyes of his earthly Kingdom our difference herefrom the Warner will not I hope be found the greatest heresie All the power of the Church in Scotland is legal and with the Magistrates consent Our last challenged principle is that we will have all our power against the Magistrate that is although he dissent Ans It is an evil commentary that all must be against the Magistrate which is done against his consent but in Scotland there is no such case for all jurisdiction which the Church there doth enjoy they have it with the consent of the Magistrate all is ratified to them by such acts of Parliament as his Majâ—stie doth not at all controvert Concerning that odious case the Warner intimates whither in time of persecution when the Magistrate classheth with the Church any Ecclesiastick discipline be then to be exercised himself can better answer it then we who with the ancient Christians do think that on all hazards even of life the Church may not be dissolved but meet in dens and in the caves and in the wilderness for the word and Sacraments and keeping it self pure by the divine ordinance of Discipline Having cleered all the pernicious practises and all the wicked Dâ—ctrines which the Warner layes upon us The Prelats rather then to lay aside their own interest will keep the King and his people in misery for ever I think it needless to insist upon these defences which he in his abundant charity brings for us but in his own way that he may with the greater advantage impugne them only I touch one passage whereupon he makes injurious exclamations that which Mr. Gilespie in his theoremes writes when the Magistrate abuses his power unto Tyranny and makes havock of all it is lawful to resist him by some extraordinary wayes and means which are not ordinarily to be allowed see the principles from which all our miseries and the loss of our Gratious Master hath flowed Ans We must here yeeld to the Warner the great equity and necessity that every doctrine of a Presbyter should be charged on the Presbytery it self and that any Presbyter teaching the lawfulness of a Parliaments defensive arms is tantamont to the Churches taking of armes against the King These smal inconsequences we must permit the Warner to swallow down without a stick however we do deny that the maxime in hand was the fountain of any of our miseries or the cause at all of the loss of our late Soveraign Did ever his Majesty or any of his advised Councellors declare it simply unlawful for a Parliament to take arms for defence in some extraordinary cases however the unhappiness of the Canterburian Praelats did put his Majesty upon these courses which did begin and promote all our miserie and to the very last these men were so wicked as to refuse the loosing of the bands which their hands had tyed about his misinformed conscience yea to this day they will not give their consent that his Majestie who now is should lay aside Episcopacy were it for the gaining of the peaceable possession of all his three Kingdoms but are urgers of him night and day to adhere to their errours upon the hazard of all the miseries that may come on his person on his family and all his people yet few of them to this day durst be so bold as to print with this Warner the unlawfulness of a Parliaments armes against the Tyranny of a Prince in any imaginable case how extraordinary soever CHAP. III. The Lawes and customes of Scotland admit of no appeal from the
of the Commanders to whom the managing of that great trust should be committed for after the right stating of the War the next would be the carying on of it by such men who had given constant proof of their integrity To put all the power of the Kingdom in their hand whose by-past miscariages had given just occasion to suspect their designes and firmness to the interest of God before their own or any other mans would fill the hearts of the people with jealousies and fears and how wholsome an advice this was experience hath now too clearly demonstrated To make the world know our further resolutions to meddle with civill affaires the Warner is pleased to bring out against us above 80 years old stories and all the stuff which our malicious enemy Spotswood can furnish to him from this good Author he alledges that our Church discharged Merchants to traffique with Spaine and commanded the Change of the market-dayes in Edenburgh Ans Both these calumnies are taken off at length in the Historical Vindication After the Spanish Invasion in the year 88 many in Scotland kept correspondence with Spaine for treacherous designs the Inquisitors did seduce some and persecute others of our Merchants in their traffique the Church did deale with his Majesty to intercede with the Spanish King for more liberty to our Countrey men in their trading and in the mean time while an answer was returned from Madril they advertized the people to be wary how they hazarded their souls for any worldly gaine which they could find about the Inquisitors feet The Church meâ—led not with the Munday Marâ—et buâ— by way of supplication in Parliament As for the Market days I grant it was a great grief to the Church to see the Sabbath day profaned by handy labor and journeying by occasion of the Munday-markets in the most of the great Towns for remedy hereof many supplications have been made by the Assembly to the Parliament but so long as our Bishops sate there these petitions of the Church were alwaies eluded for the Prelates labor in the whole Island was to have the sunday no Sabbath and to procure by their Doctrine and example the profanation of that day by all sorts of playes to the end people might be brought back to their old licentiousness and ignorance by which the Episcopall Kingdom was advanced It was visible in Scotland that the most eminent Bishops were usual players on the Sabbath even in time of divine Service And so soon as they were cast out of the Parliament the Churches supplications were granted and acts obtained for the carefull sanctification of the Lords day and removing of the Markets in all the Land from the Munday to other days of the week The Church once for safty of the infant Kings life with the concurrence of the cret Counsel did call an extraordinary meeting The Warners next challenge of our usurpation is the Assembly at Edenburgh 1567 their ratifying of Acts of Parliament and summoning of all the Countrey to appeare at the next Assembly Ans If the Warner had known the History of that time he would have chosen rathet to have omitted this challenge then to have proclaimed to the world the great rottenness of his own heart At that time the condition of the Church and Kingdom of Scotland was lamentable the Queen was declared for Popery King James his Father was cruelly without any cause murthered by the Earl of Bothwel King James himself in his infancy was very neare to have been destroyed by the murtherer of his Father there was no other way conceivable of safety for Religion for the Infant King for the Kingdom but that the Protestants should joyn together for the defence of King James against these Popish murtherers For this end the general Assembly did crave conference of the secret Counsel and they with mutual advice did call for a meeting of the whole Protestant Party which did convene at the time appointed most frequently in an extraordinary and mixed assembly of al the considerable persons of the Religion Earls Lords Barons Gentlemen Burgesses and Ministers and subscribed a bond for the revenge of King Henries death and the defence of King James his life This mixed and extraordinary Assembly made it one of the chiefe Articles in their bond to defend these Acts of the Parliament 1560. concerning Religion and to endeavour the ratification of them in the next ensuing Parliament As for the Assemblies letter to their Brethren for so frequent a meetting at the next extraordinary Assembly it had the Authority of the secret Counsel it was in a time of the greatest necessity when the Religion and liberties of the land were in evident hazard from the potent and wicked counsels of the Popish Party both at home and abroad when the life of the young King was dayly in visible danger from the hands of them who had murthered his Father and ravished his Mother Lesse could not have been done in such a juncture of time by men of wisdom and courage who had any love to their Religion King and Countrey but the resolution of our Prelates is to the contrary when a most wicked villain had obtained the connivance of a Queen to kill her husband and to make way for the killing of her Son in his Cradle and after these murders to draw a Nation and Church from the true Religion established by Law into Popery and a free Kingdom to an illegal Tyranny in this case there may be no meeting either of Church or State to provide remedies against such extraordinary mischiefs Beleeve it the Scots were never of this opinion What is subjoyned to the next Paragraph of our Churches presumption to abolish Acts of Parliament By the laws customs of Scotland the assembly procedes the Parliament in the â—foâ—mation of Ecclesiastical abuses is but a repetition of what is spoken before Not only the laws of Scotland but equity and necessity refers the ordinary Reformation of errors and abuses in Religion to the Ecclesiasticall Assemblies what they find wrong in the Church though ratified by acts of Parliament they rectifie it from the word of God and thereafter by Petition obtaines their rectification to be ratified in a following Parliament and all former Acts to the contrary to be annulled This is the ordinary Method of proceeding in Scotland and as I take it in all other States and Kingdoms Were Christians of old hindred to leave Paganisme and embrace the Gospel till the Emperial Laws for Paganisme and against Christianity were revoked did the Oecumenical and Nationall Synods of the Ancients stay their reformation of heresies and corruptions in Religion till the laws of State which did countenance these errors were cancelled Was not Popery in Germany France and Britaine so firmly established as Civill Laws could do it It seems the Warner here doth joyn with his brother Issachar to proclaim all our Reformers in Britaine France and Germany to be Rebels
need to be much better cautioned then here it is before it can stâ—nd for a major of a clear demonstration but how is the minor proved behold how much short the Warners proofes are of his great boastings His first argument is grounded upon an evident falshood that in the Covenant we sweare the lately devised discipline to be Christs institution Answ There is no such word nor any such matter in all the Covenant was the Warners hatred so great against that peece of write that being to make cleare demonstrations against iâ— he would not so much as cast his eye upon that which he was to oppugne Covenanters sweare to endeavour the reformation of England according to the word of God and the best reformed Churches but not a word of the Scots Presbytery nor of any thing in any Church even the best reformed unlesse it be found accorcording to the paterne of Gods holy word The second ground of his demonstration is also an evident errour The Warner unwittingly commends the Covenant that the covenant in hand is one and the same with that of King James Answ Such a fancy came never in the head of any man I know much lesse was it ever writen or spoken by any that the Covenant of King James in Scotlaâ—d 1580 should be one and the same with the Covenant of all the three Kingdomes 1643 whatsoever identit es may appeare in the matter and similitude in the ends of both but the grossest errors are solide enough grounds for praelaticall clear demonstrations Yet here the Warner understands not how hee is cutting his owne veines his friends in Scotland will give him small thanks for attributing unto the nationall Covenant of Scotland that Covenant of King James these three properties that it was issued out by the Kings authority that it was for the maintenance of the Lawes of the realme and for the maintenance of the established Religion time brings adversaries to confesse of their own accord long denyed truthes But the Characters which the Warner in prints upon the solemne league and Covenant of the three Kingdomes wee must bâ—â— pardoned to controvert till he have taken some leasure to prove his wilde assertions First that the league is against the authority of the King secondly that it is against the Law and thirdly that it is foâ— the overthrow of Religion The man cannot think thâ—t any should beleeve his dictats of this kinde without p oofe since the expresse words of that league doe flatly contradict him in all these three positions His gentle memento that Scotland when they sued for aid from the crowne of England had not the English discipline obtruded upon their Church might here have beene spared was not the English discipline and liturgy obtruded upon us by the praelats of England with all craft and force did we ever obtrude our disciplin upon the English but when they of their owne free and long deliberate choice had abolished Bishops and promised to set up Presbytery so far as they had found it agreeable to the word of God were wee not in all reason obliged to encourage and assist them in so pious a worke The King did not clame the sole and absolve possession of the militia In the next words the Warner for all his great boasts finding the weaknes of all the former grounds of his second demonstration he offers three new ones which doubtles will doe the deed for he avowes positively that his following grounds are demonstrative yet whosoever shall be pleased to gripe them with never so soft an hand shall finde them all to be but vanity and winde The first after a number of prosyllogismes rests upon these two foundations first that the right of the militia resides in the King alone secondly that by the covenant the militia is taken out of the Kings hands and that every covenanter by his covenant disposes of himselfe and of his armes against the right which the King hath unto him Answ The Warner will have much adoe to prove the second so that it may be a ground of a clear demonstration but for the first that the power of the militia of England doth reside in the King alone that the two houses of Parliâ—ment have nothing at all to doe with it and that their taking of armes for the defence of the liberties of England or any other imaginable cause against my party countenanced by the Kings presence against his lawes must â—e a together unlawfull if his demonstration be no clearer hen the ground whereupon he builds it I am sure it will not be visible to any of his opposits who are not like to be convinced of open rebellion by his naked assertion upon which alone he layes this his mighty ground Beleeve it he had neede to assay its reliefe with some colour of an argument for none of his owne friends will now take it of his hand for an indemonstrable principle since the King for a long time was willing to acknowledge the Parliaments joynt interest in the Militia yea to put the whole Militia in their hands alone for a good number of yeares to come so farre was his Majestie from the thoughts that the Parliaments medling with a part of the Militia in the time of evident dangers should be so certainly and clearely the crime of rebellion The Warners second demonstrative ground wee admit without question in the major that where the matter is evidently unlawfull the oath is not binding but the application of this in the minor is very false All that hee brings to make it appeare to be true is that the King is the supream Legislator that it is unlawfull for the subjects of England to change any thing established by Law especially to the prejudice of the Praelates without their own consent they being a third order of the Kingdome otherwise it would be a harder measure then the Friers and Abbots received from Henry the eight The change of lawes in England ordinarily begin by the two houses wâ—thout the King Ans May the Warner be pleased to consider how farre his dictates here are from all reason much more from evident demonstrations That the burden of Bishops and ceremonies was become so heavy to all the three Kingdomes that there was reason to endeavour their laying aside he does not offer to dispute but all his complaint runnes against the manner of their removall this say I was done in no other then the ordinary and high path-way whereby all burdensome Lawes and customes use to be removed Doth not the Houses of Parliament first begin with their Ordinance before the Kings consent be sought to a Law is not an Ordinance of the Lords and Commons a good warrant to change a former Law during the sitting of the Parliament The Lawes and customes of England permit not the King by his dissent to stoppe that change The King did really consent to the abolition of Bishops I grant for the turning an
Oâ—dinance to a standing Law the Kings consent is required but with what qualifications and exceptions wee need not here to debate since his Majesties consent to the present case of abolishing Bishops was obtained well neere to as farre as was desired and what it yet lacking wee are in a faire way to obtaine it for the Kings Majestie long agoe did agree to the rooting out of Episcopacy in Scotland hee was willing also in England and Ireland to put them out of the Parliament and all civil Courts and to divest them of all civill power and to joyne with them Presbyteries for Ordination and spirituall jurisdiction yea to abolish them totally name and thing not onely for three yeares but ever till he and his Parliament should agree upon some setled order for the Church was not this Tantamont to a pertuall abolition for all and every one in both houses having abjured Episopacy by solemne Oath and Covenant the Parliament was in no hazard of agreeing with the King to re-erect the fallen chaires of the Bishops so there remained no other but that either his Majestie should come over to their judgement or by his not agreeing with them yet really to agree with them in the perpetuall abolition of Episcopacy since the confession was for the laying Bishops aside for ever till hee and his houses had agreed upon a settled order for the Church If this be not a full and formall enough consent to the Ordinance of changing the former Lawes anent praelats his Majestie who now is easily may and readily would supply all such defects if some of the faction did not continually for their owne evil interests whisper in his eares pernicious counsell as our Warner in this place also doeth by frighting the King in conscience from any such consent The praelats would flâ—tter the King into a Tyranny for this end he casts out a discourse the sinews whereof are in these three Episcopall maximes First that the legislative power is soly in the King that is according to his Brethrens Commentary that the Parliament is but the Kings great councel of free choyce without or against whose votes hee may make or unmake what Lawes he thinkes expedient but for them to make any Ordinance for changing without his consent of any thing that has been instituting any new thing or for them to defend this their legall right and custome time out of minde against the armes of the Malignant party no man may deny it to be plaine rebellion II. The praelates take to themselves a negative voice in Parliament That the King and Parliament both together cannot make a Law to the prejudice of Bishops without their owne consent they being the third order of the Kindome for albeit it be sacriledge in the Lords and Commons to claime any the smallest share of the legislative power this in them were to pyck the chiefest jewel out of the Kings Crowne yet this must be the due priviledge of the Bishops they must be the third order of the Kingdome yea the first and most high of the three farre above the other two temporall States of Lords and Commons their share in the Legislative power must be so great that neither King nor Parliament can passe any Law without their consent so that according to their humble protestation all the Lawes and Acts which have been made by King and Parliament since they were expelled the house of Lords are cleerly void and null Wee must grant that the King and Parliament in divesting Bishops of their temporall honour and estates The praelats grieve that Monks and Friers the Pope and Cardinals were casten out of England by H. in abolishing their places in the Church doe sin more against conscience then did Henry the eight and his Paliament when they put down the Abbots and the Friers We must beleeve that Henry the eight his abolishing the order of Monks was one of the acts of his greatest Tyranny and greed we must not doubt but according to Law and reason Abbots and Priours ought to have kept still their vote in Parliament that the Monasteryes and Nunryes should have stood in their integrity that the King and Parliament did wrong in casting them downe and that now they ought in conscience to be set up againe yea that Henry the eight against all reason and conscience did renounce his due obedience to the Pope the Patriarch of the West the first Bishop of the universe to whom the superinspection and government of the whole Catholick Church in all reason doth belong Though all this be here glaunced at by the Warner and elsewhere wee prove it to be the declared mind of his Brethren yet we must be pardoned not to accept them as undenyable princâ—ples of cleare demonstrations The just supremacy of Kings is not prejudged by the Covenant The last ground of the Doctors demonstration is that the Covenant is an Oath to set up the Presbyterian government in England as it is in Scotland that this is contrary to the Oath of Supremacy for the Oath of Supremacy makes the â—ing the onely supreame head and Governour of the Church of England that is the civill head to see that every man doe his duty in his calling also it gives the King a supreame power over all persons in all causes but the Presbytery is a Politicall Papacie acknowledging no governour but only the Presbyters it gives the King power over all persons as Subjects but none at all in Ecclesiastick causes Ans Is there in all this reasoning any thing sound First what article of the Covenant beares the setting up of the Presbyterian government in England as it is in Scotland II. If the Oath of supremacy import no more then what the Warners expresse words are here that the King is a civill head to see every man doe his duty in his calling let him be assured that no Presbyterian in Scotland was ever contrary to that supremacy III. That the Presbytery is a Papacy and that a politicall one the Warner knowes it ought not to be granted upon his bare word IV. That In Scotland no other governors are acknowledged then Presbyters himselfe contradicts in the very next words where hee tells that the Scots Presbytery ascribs to the King a power over all persons as subjects V. That any Presbyterian in Scotland makes it sacriledge to give the King any power at all in any Ecclesiastick cause The Warnerâ— insolent Vanity it is a senselesse untruth The Warners arguments are not more idle and weake then his triumphing upon them is insolent for he concludes from these wife and strong demonstrations that the poore covenant is apparently deceitfull unvalide impious rebellious and what not yea that all the learned divines in Europe will conclude it so that all the Covenanters themselves who have any ingenuity must grant thus much and that no knowing English man can deny it but his own conscience will give him the lie