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A42360 Two speeches of Mr. James Guthry before the Parliament one after the reading of his indictment, Feb. 21, 1661, the other immediately after the reading of the processe, April 10, 1661. Guthrie, James, 1612?-1661. 1661 (1661) Wing G2267A; ESTC R12166 12,150 16

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the Land and keeped without multitude or tumult such as that was needs no particular Warrant from Authority as may be instanced in sundry other meetings up and down the Land day by day for several sorts of business Be there not many meetings kept by persons of all sorts in all the parts of the Country in reference to applications to Judicatories and to the Supreme Magistrate for the civil interests and rights and if so how much more may Ministers meet for supplicating his Majesty for the interests and right of Jesus Christ keeping themselves for the matter of their supplication within the bounds of the Covenant and of these things that are established by Law Thirdly such meetings are clearly exempted from the breach of these Acts of Parliament by a posterior Act of Parliament to wit by the 29th Act of the 2 Parl. of King Charles the first As to the last particular in the Indictment to wit my declining of his Majesties Authority at Perth I do acknowledg that I did decline the Civil Magistrate as competent Judge of Ministers Doctrine in the first instant his Majesties Authority in all things civil I do with all my heart acknowledge and that according to the Confession of the Faith of this Church the conservation and purgation of Religion belongs to him as civil Magistrate and that Ecclesiastick persons are not exempted from obedience to Civil Authority and the just commands thereof not from punishment in case of their transgression but that declinators of the Civil Magistrate his being Judge of Ministers Doctrine in the first instant are no treason nor sedition but lawful and warrantable I do humbly offer first that such declinators are agreeable to the rule of Gods Word and to the Confessions of Faith and Doctrine of this Church which are confirmed and ratified in Parliament by many several Acts and therefore have the strength both of divine and humane Law that they are agreeable to the rule of Gods Word is evidents from this that the Scriptures do clearly hold forth that Jesus Christ hath a visible Kingdome which he exercises in or over his visible Church by the spiritual office bearers thereof which is wholly distinct from the civil powers and government of the world and not depending upon nor subordinate unto these governments and the Acts thereof John 18.36 37. Mat. 16.19 John 28.23 That they are agreeable to the Confessions of Faith and Doctrine of this Church is evident because these do acknowledge no Head over the visible Church of Christ but Jesus Christ himself nor any Judgement nor Power in nor over his house but that which he hath committed unto the spiritual office-bearers thereof under himself and therefore it hath been the ordinary practise of this Church in such cases to use such declinators since the time of Reformation from Popery as may appear from many clear and undeniable and proven instances extant in the Acts of the Gen. Assemblies and Records of this Church particularly these of Mr. David Black in the year 1596. which was owned and subscribed by three or four hundred Ministers besides sundry others which are well known and I do believe my Lord that not only is this the doctrine of the Church of Scotland but also of many sound Protestant Divines who give unto Caesar the things that are Caesars and to God the things that are Gods Secondly such declinators are agreeable unto and founded upon the National Covenant and the Solemn League and Covenant by which the Kings Majesty himself and all the Subjects of this Kingdome are bound to maintain the doctrine worship discipline and government of this Church which with solemn vows and publick Oaths of God have alwayes in all Kingdomes States and Republicks been accompted more sacred and binding then any municipal Law or Statute whatsoever and being posterior to the Act of Parliament 1584. do necessarily include a repealing thereof Upon these grounds it is that I gave in and do assert that declinator for vindicating the Crown dignity and Royal Prerogative of Jesus Christ who is King of Kings and Lord of Lords but with all due reverence and respect to his Majesty and his just greatness and Authority Fourthly as to that Act of Parliament 1584. was made in a time wherein the setled Government of this Church by Presbyters and Synods was wholly over-turned and their meetings utterly discharged and the deposition of Ministers and things properly spiritual and Ecclesiastick put into the hands of the Civil Magistrate so we do assert that that Act in so far as concerns such declinators hath since the making thereof been often repealed and rescinded and was standing repealed and rescinded at the down sitting of the Parliament First it was ranversed and annulled by a posterior Act in the year 1592. to wit the first Act of the 12. Parl. of King Ja. the 6. which in the last Section thereof doth expresly declare that that Act in the year 1584. shall no wayes be prejudicial nor derogate any thing to the priviledge that God has given to the spiritual office-bearers in the Kirk concerning heads of Religion matters of Heresie collation or deprivation of Ministers or any sick-like essential censure specially grounded and having Warrant from the Word of God but so it is that the freedome and independency of the spiritual office-bearers of the Kirk of God in things Ecclesiastical that concern their calling is a special priviledge of the Kirk and a special head of Religion and that the free discovering of the sins of all persons by Ministers in their Doctrine from the word of God is an essential censure grounded upon and having warrant in the Word of God and according hereto King James the 6. in the year 1585. considering the great offence given and taken by that Act in the year 84. did for removing thereof send a Declaration penned and signed with his own hand to the Commissioners of the Kirk of Scotland at Linlithgow Decemb. 7. which he sayes shall be as good and valid as any Act of Parliament whatsoever In which Declaration he hath these words I for my part shall never neither my Posterity ought ever cite summon or apprehend any Pastor or Preacher for matters of Doctrine Religion Salvation Heresies or ton interpretation of the Scriptures but according to my first Act which confirmeth the liberty of preaching of the Word Ministration of the Sacraments c. I avouch the same to be a matter meer Ecclesiastical and altogether impertinent to my calling therefore never shall I nor never ought they I mean my posterity acclaim any power or Jurisdiction in the foresaids It is also to be considered that that Act 1584. is also repealed by the 4th Act of the 2d Parl. of King Charles the 1. which reckons it amongst the evils that had sore troubled the peace of the Church and Kingdome that the power of the Keys and Kirk-censures was given to persons meerly civil and therefore doth provide that for