our part we trust we have obtained mercie to love piety and have much longed to see more fruits of it among those who make so much noise among which we esteem this a special fruit if men were more sober and orderly in their walk and more sparing in talking of their piety and crying-up of themselves And thus we have done with this first part of their Apologie wherein we have insisted the longer now that we may save our selves much labour when we shall so often meet with these things again in this Pamphlet Secondly But lest it might be objected that no such faults of the Judicatories and Congregations did warrant them to sin and break Order They mollifie their practice further pag. 22. by telling us that what they do is a sinlesse preterition of some things otherwise fit to be observed in the course of formality and order and that as they do nothing sinfull and evil of it self so they do nothing from contempt or disrespect to the least point of order and have kept within the bounds warranted and allowed unto them of God This general seemeth to us very strange Divinity that the intruding of a Minister against the consent of the plurality of the Eldership and Congregation to whom belongeth the giving of the Call and without the concurrence or consent of the Presbyterie to which that Congregation is subordinate to his Ordination is but a sinlesse preterition of a formality and no transgression of the bounds warranted of God And we cannot but look upon them as scorning us when they say they break Order but not out of contempt or disrespect to it But afterward pag. 34. we find them endeavouring to clear this matter further where in stead of saying any thing to the interest of the Congregation wronged by them they take it for granted that the man is lawfully called by the Congregation whom the Presbyterie conspireth to keep-out Which indeed is unhandsomly to beg a great part of the Question beside the unjust aspersion cast upon the Presbyterie And as to the wrong done to the Presbyterie by others medling to ordain a Minister within their bounds they are pleased to rectifie our judgements and conceptions by telling us in application of their distinction betwixt the essentials and circumstantials of Presbyterial Government premitted pag. 33. that in the matter of Ordination this is of scriptural divine institution that a Minister be ordained by a plurality of Presbyters but that he be ordained by such a number officiating in such a bounds the Scripture hath not determined Whence they infer that in case a Presbyterie conspire to hold-out one who is lawfully called and rightly qualified it is no breach upon the being and essentials of the Government if he receive his Ordination and Admission from a neighbouring Presbyterie especially when the conspiracy is general and no remedy can be had by a superiour Judicatorie Answ Not to insist upon the falshood of this Assertion That there is a conspiracie in any Presbyterie far lesse a general conspiracie to hold out a godly man lawfully called and rightly qualified because he is not of our judgment though it were no declining from truth in him to be so We must say it that whatever may be said in defence of Ordination by Presbyters only in a Church not constituted Yet it is new and strange Divinity to set up and maintain that practice in a Church constituted and setled in her Judicatories and particularly in this Church where the like assertion or practice was never heard of before since the Reformation of Religion and that notwithstanding all the tyrannical conspiracies of the Prelats to hold out godly men from the Ministrie But it would have been judged as indeed it is an utter subverting of Church-government as it hath been exercised not only now but ever since we had Judicatories that a Presbyterie or Ministers of divers Presbyteries which indeed is the case though in effect a Presbyterie are but so many Presbyters to all those who are not under their jurisdiction or whose scandals fall not to be cognosced by them as to any Ecclesiasticall power they can exercise over them should intrude themselves within the bounds of another Presbyterie and there do the work of that Presbyterie in a Congregation subordinate to them without yea against their consent And that the supposed faults of Presbyteries should be redressed by others who have no jurisdiction over them and not by their respective superiour Judicatories only We find the Scripture giveth the power of Ordination to the Presbyterie 1 Tim. 4.14 which is more than the plurality of Presbyters only And Mr. George Gillespie in his Assertion of the Government of the Church of Scotland part 2. chap. 3. pag. 132. doth reject Sutlivius his glosse upon the word who by the Presbyterie understandeth only the Ministers of the Word Non juris vinculo sed utcunque collectos i. e. gathered and conveened together not by vertue of any legal bond or association but as it may be occasionally and accidentally for such a businesse Which is as like the way of our Brethren in this particular as one thing can be like another To this may be added that the second Book of Discipline to which they professe to adhere pag. 13. doth restrict the exercise of the power of Presbyteries then called particular Elderships to the bounds committed to their charge or where they govern This or the equivalent restriction is four times repeated chap. 7. pag. 80 81. and thrice in that Act of Parliament establishing Presbyteriall Government prefixed to the Books of Discipline pag. 20. As for their distinction betwixt what is of Scripturall institution and what not or as they have it pag. 33. of positive humane institution to be regulated by that great end of Edification and altered accordingly Mr. Gillespie in the foresaid Treatise part 2. chap. 6 pag. 160 161 162 163. hath abundantly cleared that the determination of the several sorts of Ecclesiasticall Assemblies are left to be particularly determined by the Church conform to the light of nature and general rules of Gods Word and that these particular kinds of Assemblies appointed by the Church according to the light and rules foresaid do fall within the compasse of these things which are Divino-Ecclesiastica mixed though not meer divine Ordinances Which also concludeth strongly for the bounding of these Assemblies to be of the same nature For the Word of God having appointed so many Pastors and Elders as can with conveniency ordinarily meet together out of the Congregations in a convenient circuit to make up a common Presbyterie which hath power and authority to govern these Congregations as is held out in the said Treatise part 2. chap. 3. pag. 146 147. And the Church having now determined according to these common rules these several meetings to be common Presbyteries in their respective bounds If we hold these meetings so bounded to be only of positive humane institution we desire
to know wherein Presbyterial Government is an Ordinance of Christ more than is in any reformed Church where there are a plurality of Presbyters but no Judicatories erected It is true the circuit of their jurisdiction hath been fixed by the Judicatories with an eye to that great end of Edification viz. by having respect to the conveniency of their meeting for doing their work to edification and accordingly Assemblies have found it for edification to erect new Presbyteries for the better accommodation of Ministers and People all which being done according to the light of nature and generall rules of the Word they become so constituted divine Ordinances But that they are so alterable in subserviency to edification in these Witnesses sense and the way defended by them as that when persons under the jurisdiction of a Presbyterie do judge that they act not to edification they may turn their back upon them and all other established Judicatories and betake themselves to any plurality of Presbyters who will act these things which they judge to be to edification And that other Ministers who have no power over that Presbyterie may come in upon their work and act authoritatively in and over the Congregations committed to their charge We believe it will be judged a paradox by all those who understand any thing of Church-government And it needs not be thought strange that those Brethren do refuse submission to their own respective Judicatories so long as they maintain that they may usurp upon the power committed to others when they please This assertion of the divine authority of Presbyteries as they are bounded according to the light of nature and general rules of the Word may be further confirmed from the testimonie of the Author of the Course of Conformity who pag. 129. maketh use of the same notion of mixed Ordinances and doth so prosecute the same pag. 135 136 137 c. as doth demonstratively conclude that no Gospel-Ordinance administrated by this or that man in this or that place no Prayer consisting of such and such petitions only and not others no Sacrament administred in these individuall elements and many the like particulars are divine Ordinances unlesse we allow these to be divine Ordinances which are determined in the generall by the Word and in their particular circumstances not needfull nor possible or convenient to be determined in the Word by the light of nature and general rules of the Word We may also appeal to the judgement of the Reverend Assembly of Divines in their Answer to the Reasons of the Dissenting Brethren Edit Edinb 1648. pag. 231. Where though they professe not to plead an expresse institution that such Synods must be necessarily thus and thus bounded c. as neither Independents nor they can plead for the number and bounds of particular Congregations yet they do affirm that Synods thus bounded are agreeable to and warranted by the Word of God And again pag. 237 they make the same parallel betwixt the bounding of Synods and Congregations as being to be regulated by the generall rules of the Word and particular circumstances of times places and persons But leaving these to be further pondered by them who shall read these Treatises themselves We desire further that all discerning Readers will take notice of these few of many absurdities which will be found to follow upon this principle as it is asserted and put in practice by them 1. Whereas it hath been the work of all friends to Presbyteriall Government to prove that it bringeth not Congregations under any forreign jurisdiction as Prelats subjected all to themselves and their Cathedrall Churches seing all the Congregations within the bounds of a Presbyterie are ruled in common by their own Pastors and Elders assembled together This doth indeed bring-in a forreign jurisdiction both upon Presbyteries and People when a company of Presbyters who are neither Synod nor General Assembly set over them by Christ nay nor any Ecclesiastical Court at all shall take upon them to judge of the Call given by a People of the qualifications of him who is to be their Minister and of the Presbyteries carriage and judging in that matter and so shall proceed to the ordination of the Minister 2. By what divine warrant a plurality of Presbyters may act authoritatively in things belonging to a neighbouring Presbyterie they may by the same warrant act in Presbyteries never so remote at least within the National Church And by what warrant they may judge of the Call and Qualifications of a man for the Ministery and accordingly ordain him Minister of a Congregation within the bounds of another Presbyterie if they judge the Presbyterie conspireth to hold him out by the same warrant they may also depose a Minister or Ministers in Presbyteries if they judge their respective Presbyteries conspire to hold them in for we believe the power of Ministers in both these is of a like extent and so a few Presbyters may plant all the vacant Congregations and depose never so many Ministers throughout a National Church in despight of all the standing Judicatories who are hereby made but so many ciphers to signifie nothing Yea by this principle may not some number of Presbyters perhaps erroneous and hereticall plant all the Congregations in a Nationall Church upon the Call of some few of their own mind and yet violate nothing that is divine in Presbyteriall Government 3. By this principle no man is bound to look upon a Presbyterie ruling the Congregations in such a circuit as a divine scripturall Ordinance more than any company of Presbyters met together Seing all wherein the one differeth from the other is but of humane institution as they say 4. No person within the bounds of a Presbyterie shall be bound to owne their own Presbyterie as an Ordinance of God to which they ought to submit and give an account of their actions But they may as well betake themselves to any other Presbyters nearer or further off and if they satisfie them they may reckon they have done enough for obeying any divine Ordinance in this matter 5. May not people also within a Congregation upon the same account refuse submission to their own Minister and betake themselves to any other And may not Ministers intrude upon the Congregations of their Brethren without the transgression of any Ordinance of God Seing the bounding of Congregations is of human institution as well as that of Presbyteries as the Assembly of Divines do urge against Independents in the passages before cited and of which we may reade a witty discourse of Mr. Samuel Hieron in the Pulpits patronage by Thomas Ball part 3. ch 4. arg 9. where he compareth such Overturners of these setled bounds to a fellow who told him he cut timber out of other mens hedges because God never made hedges These and many the like considerations do make it evident that these Witnesses in stead of wyping off have added new jealousies of their way and that
the Apostles were known and professed enemies of the Gospel 2. The Apostles were charged not to teach in the Name of Christ nor to publish any part of the Doctrine of the Gospel which say they was more hard than their case under Bishops who though they cannot endure the truth concerning Government and Reformation of the Church yet are content the Gospel should be preached and preach it themselves They adde 3. The Apostles received not their Calling and Authority from men nor by the hands of men but immediatly from God Himself and therefore alâ—o might not be restrained or deposed by men whereas we though we exercise a function whereof God is the Author yet we are called and ordained by the ministery of men and may therefore by men be also deposed and restrained from the exercise of our Ministery Where as their first and second difference speak clearly to the second and third branches of our Question So this last doth fully speak our mind in this As to what they and Mr. Rutherfurd before them in his Preface to his Survey say of privat persons being Excommunicated their Non-submission to abstain from publick Ordinances As Excommunication is rarely pronounced in this Church except in the case of obstinacie and therefore may easily be prevented So we cannot understand how they can avoid Non-submission unless either they will forcibly obtrude themselves on Ordinances till they be thrust-out and so must come to Non-submission at last Or unlesse they get Ministers who will admit of them and so refuse to submit to the Judicatories which will at last fall in with the former case Though we in the mean time would have such a person seriously to consider whether his edification by these particular Ordinances from which he is debarred by the Sentence means simply necessary to salvation not being taken from him and the want of the rest being but his affliction not his sin take the matter in his own sense ought to be laid in the ballance with the breach made on Order in a Church constitute and setled as is said with the contempt and scandall put upon the Judicatories who yet stand invested with power to rule in Christs House yea and with the stumbling of the whole Congregation upon whom he obtrudeth himself who perhaps judge his Sentence to be as just as he counteth it unjust 2. As to the Submission of inferiour Judicatories to superiour concerning which they argue Arg. 7. pag. 107. And again Arg. 15. pag. 113 114. We grant indeed that the power of the superiour Judicatory is cumulative and not privative to the inferiour Judicatories yet it must be understood in a right sense for 1. It is granted on all hands betwixt us that by the Constitutions of this Kirk every Church-judicatory may not meddle with all things but with things that are of particular concernment within their bounds leaving things of more generall concernment to the Church to superiour Courts yea within their own bounds Congregationall Elderships do not meddle with the matter of Adultery Excommunication and Ordination of Ministers but these things come before the Presbyterie 2. Albeit inferiour Judicatories have intrinsick power given them by Christ and may exercise it independently where providence affordeth them no superiour Judicatorie yet in a Nationall Church it is the will of Christ they exercise that intrinsicall power with a Subordination to the superiour Courts so that so long as they hold the Subordination and do not renounce the Judicatories as Hereticall and corrupt they may indeed do all they have right to do yet so as they must be accountable to others in the case of Appeals or mal-administration who may lay as great claim to that promise Matth. 18. as they can And if the superiour Judicatories judge their proceedings to have been wrong in the case now before us it is no more lawfull for them than for private persons to make a Rupture by Non-submission or not suffering and being passive which will prove a remedy worse than the disease Nor doth this Subordination prove that these inferiour Judicatories must be fenced in name of the superiour Seing they know that even inferiour Civil Courts are not fenced in the name of a Parliament to whom they are subordinate And if this hold not it shall be to no purpose for superiour Judicatories to meet unlesse either to approve all that is done or else it please inferiour Judicatories to be convinced by them And indeed now it is no strange thing to see one privat Presbyterie not only reverse and declare null the Conclusions of a General Assembly but judicially declare the Assembly it self null far contrary to the Book of Discipline where it is expresly provided that Elderships or Presbyteries must alter no Rules made by Generall or Provinciall Assemblies Book 2. chap. 7. pag. 81. and no lesse contrary to the opinion of Beza Epist 44. pag. 244. who judgeth it iniquissimum intolerabile c. most injust and intolerable that things concluded in a Generall Synod should be rescinded by the Authority of one Consistorie unlesse the party passe from his right or things be agreed among parties without any detriment to Ecclesiasticall Discipline V. As to the nature of this Submission or manner of performance thereof two things are worthy our consideration for further clearing the truth in this particular 1. That in pleading for Submission in matters of Sentences as is above qualified we do not urge that men in conscience should approve of all and every of these Sentences as just however we do not therefore grant they are unjust as we shall after hear But only that what ever their judgement be they submit and suffer or be passive having done duty and exonered themselves without counteracting And that because 1. However they count them unjust yet they looking through the prospect of passion and interest may be deceived The Judge thinks them just and it may be many others yea all except the parties concerned 2. However it be yet it is better one or a few persons suffer somewhat than that a Schism be made in an Orthodox and well settled Church This being the true state of the Question and indeed a safe remedy appointed by God that when men in a Church cannot in Conscience obey a command then they may with a good Conscience submit and suffer for the Lord 's commanding us to submit and our engaging thereunto doth import there may be cases wherein we cannot give active obedience It is a miserable mistake all along in the most part of this debate that Obedience is confounded with Submission and Suffering That because a Church ought not in duty to domineer over the Flock pag. 52. therefore none of the Flock may lawfully suffer an injury or supposed so rather than do a greater injury by renting the Flock That because Prelats taught falsly that the Sentence of Superiours is a warrant sufficient to mens Consciences to give active obedience to their