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A69685 The Case of the Earl of Argyle, or, An Exact and full account of his trial, escape, and sentence wherein are insert the act of Parliament injoining the test, the confession of faith, the old act of the king's oath to be given at his coronation : with several other old acts, made for establishing the Protestant religion : as also several explications made of the test by the conformed clergy : with the secret councils explanation thereof : together with several papers of objections against the test, all framed and emitted by conformists : with the Bishop of Edinburgh's Vindication of the test, in answer thereunto : as likewise a relation of several matters of fact for better clearing of the said case : whereunto is added an appendix in answer to a late pamphlet called A vindication of His Majestie's government and judicatories in Scotland, especially with relation to the Earl of Argyle's process, in so far as concerns the Earl's trial. Stewart, James, Sir, 1635-1713.; Mackenzie, George, Sir, 1636-1691. Vindication of His Majesties government, and judicatories in Scotland. 1683 (1683) Wing C1066; ESTC R15874 208,604 158

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eternal and immutable decree of God from quhilk all our salvation springs and depends VIII Of Election FOR that same eternal God and Father who of meer grace elected us in Christ Jesus his son before the foundation of the World was laid appointed him to be our head our brother our pastor and great Bishop of our souls But because that the enmity betwixt the justice of God and our sins was sik that no flesh by it self could or might have attained unto God it behoved that the Son of God should descend unto us and take to himself a bodie of our bodie flesh of our flesh and bone of our bones and so become the Mediator betwixt God and man giving power to so many as believe in him to be the sons of God as himself does witness I passe up to my Father and to your Father to my God and to your God Be quhilk maist haly fraternity whatsoever we have tynt in Adam is restored unto us again And for this cause we are not afraid to call God our Father not sameikle because he has created us quhilk we have common with the reprobate as for that that he has given to us his only Son to be our brother and given unto us grace to acknowledge and imbrace him for our only Mediator as before is said it behoved farther the Messias and Redeemer to be very God and very man because he was to underly the punishment due for our transgressions and to prefent himself in the presence of his Fathers Iudgement as in our person to suffer for our transgression and inobedience by death to overcome him that was author of death But because the onely God-head could not fuffer death neither yet could the onely man-head overcome the samine he joyned both together in one person that the imbecillity of the ane should suffer and be subject to death quilk we had deserved And the infinite and invincible power of the other to wit of the goodhead should triumph and purchase to us life liberty and perpetual victory And so we confess and maist undoubtedly believe IX Of Christs Death Passion and Burial THAT our Lord Iesus offered himself a voluntary Sacrifice unto his Father for us that he suffered contradiction of sinners that he was wounded and plagued for our transgressions that he being the clean innocent Lamb of God was damned in the presence of ane earthly Iudg that we should be absolved before the tribunal seat of our God that he suffered not only the cruel death of the Cross quhilk was accursed by the sentence of God but also that he suffered for a season the wrath of his Father quhilk sinners had deserved But yet we avow that he remained the only well-beloved and blessed Son of his Father even in the midst of his anguish and torment quhilk he suffered in body and soul to make the full satisfaction for the sins of his people After the quhilk we confess and avow that there remains no other Sacrifice for sin quhilk if any affirm we nothing doubt to avow that they are blasphemous against Christs death and the everlasting purgation and satisfaction purchased to us by the same X. Of his Resurrection WE undoubtedly believe that in samiekle as it was impossible that the dolours of death should retain in bondage the Author of life that our LORD JESUS crucified dead and buried who descended into hell did rise again for our justification and destroying him who was the Author of death brought life again to us that were subject to death and to the bondage of the same We know that his Resurrection was confirmed by the testimony of his very enemies by the Resurrection of the dead whose Sepulchres did open and they did rise and appeared to many within the City Jerusalem It was also confirmed by the testimony of his Angels and by the senses and judgments of his Apostles and of others who had conversation and did eat and drink with him after his Resurrection XI Of his Ascension WE nothing doubt but the self-same body quhilk was born of the Virgin was crucifyed dead and buried and quhilk did rise again did ascend into the heavens for the accomplishment of all things where in our names and for our comfort he has received all power in heaven and earth where he sits at the right hand of the Father inaugurate ‑ in his Kingdom Advocate and onely Mediator for us Quhilk Glory Honour and Prerogative he alone among the brethren sall possess till that all his Enemies be made his fotostool as that we undoubtedly believe they sall be in the finall judgement To the execution whereof we certainly beleive that the same our Lord Iesus sall as visibly return as that he was seen to ascend And then we firmly believe that the time of refreshing and restitution of all things sall come in samiekle that they that fra the beginning have suffered violence injury and wrong for righteousness sake sall inherit that blessed immortality promised fra the beginning But contrariwise the stubborn inobedient cruell oppressours filthy persons idolaters and all such sorts of unfaithfull sall be cast into the dungeon of utter darkness where the worm sall not die neither yet their fire sall be extinguished The remembrance of quhilk day and of the judgement to be executed in the same is not onely to us a bridle whereby our carnal lusts are refrained but also such inesteemabe comfort that neither may the threatning of Worldly Princes neither yet the fear of temporal death and present danger move us to renounce and forsake that blessed society which we the members have with our Head and only Mediator Christ Iesus whom we confess and avow to be the Messias promised the only head of his Kirk our just Lawgiver our only high Priest Advocate and Mediator In which Honours and Offices if Manor Angel presume to intrude themselves we utterly detest and abhor them as blasphemous to our Soveraign and Supreme Governour Christ Iesus XII Of Faith in the Holy Ghost THis our Faith and the assurance of the same proceeds not from flesh and blood that is to say from no natural powers within us but is the inspiration of the Holy Ghost Whom we confess God equal with the Father and with the Son who sanctifies us and brings us in all verity by his own operation without whom we should remain for ever enemies to God and ignorant of his Son Christ Jesus For of nature we are so dead so blind and so perverse that neither can we feel when we are pricked see the light when it shines nor assent to the will of God when it is revealed unless the Spirit of the Lord Jesus quicken that which is dead remove the darkness from our minds and bow our stubborn hearts to the obedience of his blessed will And so as we confess that God the Father created us when we were not As his Son our Lord Iesus redeemed us when we were enemies to
of new in this present Parliament statutes and ordains the said Act to be as a perpetual Law to all our Soveraigne Lords leiges in all times coming Of the quhilk the tenour followes The quhilk day for same●●le as there has been divers and sundrie Acts of Parliament made in King James the I. II. III. IV. and V's times Kings of Scotland for the time and also in our soveraigne Ladies time not agreeing with Gods holy Word and by them divers persons take occasion to maintaine Idolatrie and Superstition within the Kirk of God and rep●esse such persons as were professors of the said Word wherethrow divers innocents did suffer And for escheving such inconveniences in time coming the three Estates of Parliament has annulled and declared all such Acts made in tymes bypast not agreeing with God His Word and now contrary to the Confession of Faith according to the said Word published in this Parliament to be of none availe force nor effect And decerns the said Acts and every ane of them to have no effect nor strength in time to come But the same to be abolished and extinguished for ever in so far as any of the foresaid Acts are repugnant and contrary to the Confession of Faith and Word of God foresaid ratified and approved by the Estates in this present Parliament And therefore decerns and ordains the Contraveeners of the famine Act in any time hereafter to be punished according to the Lawes Of the Quhilk Confession of the Faith the ●●nour follows THE Confession of the Faith and Doctrine Believed and professed by the Protestants of Scotland exhibited to the Estates of the same in Parliament and by their publick Vots authorized as a Doctrine grounded upon the infallible Word of God As the same Confession stands recorded Ja. 6. p. 1. c 4. Anno 1567. I. Of God WE confesse and acknowledge ane onely God to whom onely we must cleave whom onely we must serve whom only we must worship and in whom onely we must put our trust who is Eternal Infinit Unmeasurable Incomprehensible Omnipotent Invisible ane in substance and yet distinct in three Persons the Father the Sonne and the holie Ghost By whom we confesse and believe all things in heaven and earth aswel Visible as Invisible to have been created to be retained in their being and to be ruled and guided by his inscrutable Providence to sik end as his Eternal Wisdome Goodness and Justice has appointed them to the manifestation of his own glorie II. Of the Creation of Man WE confess and acknowledge this our God to have created man to wit our first father Adam in his own Image and similitude to whom he gave Wisedome Lordship Iustice Free will and clear knowledge of himself so that in the hail nature of man there could be noted no imperfection Fra quhilk honour and perfection Man and Woman did both fall the Woman being deceived be the Serpent and Man obeying the voyce of the Woman both conspiring against the Soveraign Majestie of God who in expresse words had before threatned death if they presumed to eat of the forbidden Tree III. Of Original Sinne. BE quhilk transgression commonlie called Original Sinne was the image of God utterlie defaced in Man and he and his posteritie of nature became enemies to God slaves to Sathan and servants unto sin in samiekle that death everlasting has had and shall have power and dominion over all that have not been are not or shall not be regenerated from above quhilk regeneration is wrought by the power of the holie Ghost working in the hearts of the elect of God ane assured faith in the promise of God revealed to us in his word be quilk Faith we apprehend Christ Jesus with the graces and benefits promised in him IV. Of the Revelation of the Promise FOR this we constantlie believe that God after the fearful and horrible defection of man fra his obedience did seek Adam again call upon him rebuke his sin convict him of the same and in the end made unto him ane most joyful promise to wit that the seed of the woman should break down the serpents head that is he should destroy the works of the Devil quhilk promise as it was repeated and made mair cleare from time to time so was it embraced with joy and maist constantly received of all the faithful from Adam to Noah from Noah to Abraham from Abraham to David and so forth to the incarnation of Christ Jesus all we mean the faithful fathers under the law did see the joyful day of Christ Jesus and did rejoyce V. Of The continuance increase and preservation of the Kirk WE maist constantly believe that God preserved instructed multiplyed honoured decored and from death called to life his Ki●k in all ages fra Adam till the coming of Christ Jesus in the flesh For Abraham he called from his fathers countrey him he instructed his seedhe multiplyed the same he marvelously preserved and mair marvelously delivered from the bondage and tyranny of Pharaoh to them he gave his Laws constitutions and ceremonies them he possessed in the Land of Canaan to them after Iudges and after Saul he gave David to be King to whom he made promise that of the fruit of his Ioynes should ane sit for ever upon his regnall seat To this same people from time to time he sent Prophets to reduce them to the right way of their God from the quhilk oftentimes they declined by Idolatry and albeit that for their stubborn contempt of justice he was compelled to give them into the hands of their enemies as before was threatned by the mouth of Moses in sameikle that the hally City was destroyed the temple burnt with fire and the haile land left desolate the space of lxx years yet of mercy did he reduce them again to Jerusalem where the City and Temple were reedified and they against all temptations and assaults of Sathan did abide till the Messias came according to the promise VI. Of the Incarnation of Christ Jesus WHEN the fulness of time came God sent his Son his eternal wisdome the substance of his own glory into this World who took the nature of man-head of the substance of woman to wit of a virgin and that by operation of the Holy Ghost and so was born the just seed of ●avid the Angel of th● great counsell of God the very Messias promised whom we confess and acknowledge Emmanuel very God and very man two perfect natures united and joyned in one person By quhilk our Confession we condemn the damnable and pestilent herefies of Arrius Marchion Eutiches Nest●rius and sik others as either did deny the eternity of his God-head or the verity of his human nature or confounded them or yet divided them VII Why it behoved the Mediator to be very God and very man WE acknowledge and confess that this maist wonderous conjunction betwixt the God-head and the man-head in Christ Jesus did proceed from the
word of God be the certain and infallible signs of the true Kirk we mean not that every particular person joyned with such company be an elect member of Christ iesus For we acknowledg and confess that dornel cockle and chaff may be sown grow and in great abundancely in the midst of the wheat that is the Reprobate may be joyned in the society of the Elect and may externally use with them the benefits of the word and Sacraments But such being but temporal professors in mouth but not in heart do fall back and continue not to the end And therefore have they no fruit of Christs Death Resurrection nor Ascension but such as with heart unfeignedly believe with mouth boldly confess the Lord Iesus as before we have said shall most assuredly receive these gifts First In this life remission of sins and that by only Faith in Christs blood in so much that albeit sin remains and continually abides in these our mortal bodies yet it is not imputed unto us but is remitted and covered with Christs Justice Secondly in the general Judgment there shall be given to everyman and woman resurrection of the flesh for the Sea shall give her dead the Earth these that therein be inclosed yea the Eternal God shall stretch out his hand on the dust and the dead shall arise uncorruptible and that in the substance of the self-same flesh that every man now bears to receive according to their works glory or punishment For such as now delight in vanity cruelty filthiness superstition or idolatry shall be adjudged to the fire unquenchable in which they shall be tormented for ever as well in their bodies as in their souls which now they give to serve the Devil in all abomination But such as continue in well-doing to the end boldly professing the Lord Jesus we constantly believe that they shall receive glory honour and immortality to reign for ever in life everlasting with Christ Iesus to whose glorified body all his Elect shall be made like when he shall appear again in Iudgment shall render up the Kingdom to God his Father who then shall be and ever shall remain in all things God blessed for ever To whom with the Son and with the Holy Ghost se all honour and glory now and ever So be it Arise O Lord and let thine enemies be confounded let them flee from thy presence that hate thy godly Name Give thy Servants strength to speak thy VVord in boldness● and let all Nations cleave to thy true Knowledge Amen Thir Acts and Articles were read in the face of Parliament and ratified by the three Estates at Edinburgh the 17. day of August the year of God 1560. years Act I. 6. P. 1. C. 8. Anno 1567. Anent the Kings Aith to be given at His Coronation ITem Because that the increase of vertue suppressing of Idolatrie craves that the Prince and the People be of ane perfite Religion quhilk of Gods mercie is now presently professed within this Realm Therefore it is statute and ordained be our Soveraign Lord my Lord Regent and the three Estates of this present Parliament that all Kings and Princes or Magistrats whatsoever holding their place quhilk hereafter in any time sall happen to reigne and bear rule over this realm at the time of their Coronation and receipt of their Princely Authoritie make their faithfull promise be aith in presence of the eternal God that during the haill course of their lives they sall serve the samin eternall God to the uttermost of their power according as he hes required in his maist haly Word revieled and contained in the new and auld Testaments And according to the samin word sall maintaine the trew Religion of Christ Iesus the preaching of his halie word and due and right ministration of the Sacraments now received and preached within this realme And sall abolish and gainstand all false Religion contrare to the samin And sall rule the people committed to their charge according to the will and command of God revealed in his foresaid Word and according to the laudable Lawes and Constitutions received in this realme nawise repugnant to the said Word of the eternal God And sall procure to the uttermaist of their power to the Kirk of God and haill Christian people trew and perfite peace in all time cumming The Rights and rents with all just Priviledges of the Croun of Scotland to preserve and keep inviolated nouther sall they transfer nor alienate the samin They sall forbid and represse in all estates and degrees reife oppression and all kinde of wrang In all judgements they sall command and procure that justice and equitie de keeped to all creatures without exception as the Lord and father of all mercies be mereyful to them And out of their Lands and Empyre they sall be carefull to root out all heretikes and enemies to the trew worship of God that shall be convict be the trew Kirk of God of the foresaid crymes And that they fall faithfullie affirme the things above written be their solemn aith Act. J. 6. P. 1. C. 9. Anno 1567. No person may be judge Procurator Notar nor Member of Court quha professis not the Religion ITem The Kings grace with advice of my Lord Regent and the three Estates of this present Parliament statutes and ordains That no manner of person nor persons be received in any times hereafter to bear publick office removabill of judgment within this Realm but sik as profess the puritie of Religion and Doctrine now presently established And that nane be permitted to procure nor admitted Notar or created a M●mber of Court in any time coming without he in likewise professe the Evangel and Religion foresaid Providing alwayes that this Act be on no wise extended to any manner of person or persons havand their offices heritable or in life-rent but that they may use the samin conforme to their infeftments and dispositions granted to them thereof Which Act was thereafter Anno 1609. explained and extended in this manner Part of the Act I. 6. P. 2. C. 5. Anno 1609. intituled c. AND that the Act made in His Highness first Parliament bearing that nane that professe not the true Religion presently professed within this Realm may be judge Procurator or Member of Court be extended to all and whatsomever offices without any exception or restriction in all time coming Act. J. 6. P. 3. C. 47. Anno 1572. Adversaries of the true Religion are not Subjects of the King Of Apostats ITem Forsameikle as there hes been great rebellion and disobedience against our Soveraign Lords authoritie in time bypast and seeing the cause of Gods true Religion and His Highness authoritie foresaid are so joyned as the hurt of the ane is common to baith It is therefore declared statute and ordained by our Soveraign Lord with advice and consent of his Regents grace with the three Estates and hail bodie of this present Parliament That
or culpam as of old but durante beneplacito And 4ly Are not such as were most forward and active in the Earl's comdemnation proportionally rewarded And as for the Earl's Jurors or Assizers you have heard a full account of them in the Narrative 2ly Our Author tells us That the King and his Ministers were under no tentation against the Earl That there was no design against his life That His Royal Highness albeit informed of an escape intended yet gave express order not to keep him strictly even after he was found guilty As also His Highness ordered that Advocates should be prest to appear for him And in fine that the Earl was very discreetly and respectfully used And. 1. As to His Majesty He is indeed most freely assoiled of all either inclination or tentation in this matter except that of importunity But 2ly For His Ministers the contrivers and actors their tentations may be guessed at by what is said in the Narrative And if they also had none it only sayes that they run without driving and are the lesse excusable 3ly How forward His Highness and the Council were to press Advocates in the Earl's cause and to grant his Petitions though founded on clear Acts of Parliament how false it is that his Royal Highness had any information of the Earl's intention to escape and notwithstanding ordered that he should not be strictly keept and whether or not there was a design to take the Earl's life you have already and I hope plainly and satisfyingly seen in the Narrative But pray remark the solly of this self-condemned reasoning For. 1. If the Earl was truly guilty of these worst of crimes Leasing-making Depraving and Treason why should he not have died And if he was not guilty what wickedness was it to give Sentence against both his Life and Fortune and since by disposing on his whole estate to execut it as far as possible And 2ly Is it not a pleasant conceit to imprison arraign for Treason and find guilty and crave leave to Sentence a Person of the Earl's quality And then to take away all his Estate and yet to tell the world there was no design against his Life Solomon sayes As a Mad man who casteth firebrands arrows and death so is the man that deceiveth much more condemneth his nighbour and saith am not I in sport And Machiavel whose Politiks may be with some are in more request then Solomons Proverbs taxeth it as no less impolitik to take away a man's Estate and yet spare his Life And yet notwithstanding ou● wiser and more politik Author will have us to believe neither But 4ly Yet the Earl was very respectfully used And this must go far from such hands And was he not indeed so when he was 1. Summarly imprisoned without Bale or Mainprise 2ly Arraigned before the Justice-Court and not reserved to the Parliament as is usual for Persons of his rank especially the Parliament being then current and its next Session near approaching 3ly Refused access to or opportunity to speak with His Royal Highness though it was often and much desired And 4●ly When by the Sentence his Blood was tainted his Posterity disabled and his Escucheon and Arms thereafter torn and ranversed as if he had been the worst of traitors I grant it was observed that the debate in the Process was managed on both hands with a more then ordinary coolness but as something must be imputed on the one part to His Majesties Advocat's secret conviction of these strange impertinencies whereunto the discharge of his Office obliged him and on the other hand to the Earl's Advocates their perswasion that his words were so innocent that hardly any thing could be said that was not equally criminal so it is certain that the main cause was that both the one and the other knew that the design was laid and the issue inevitable Thirdly This Vindicator sayes That the Earl's Jurisdictions and Estate could be no tentation for the late Advocate had given such reasons against his Right to these Iurisdictions and Superiorities as could not be answered and that the King got nothing for his Royal Highness procured more of it to his children then belonged to the Family debts being payed And the remainder was given among the Creditors and the tithes returned to the Church But. I. Our Author goes on still to disown tentations which can signify nothing save to confirm more and more that the Earl was overthrown and ruined by pure Mal●ce For if there was no tentation either against his Person or Estate and yet notwithstanding of his innocence which all men see the former be subjected to a Sentence of death and the later quite taken from him must not this strange severity proceed from a very extraordinary good Nature 2ly Our Author disowns any design against the Earl's life But affirms That there are reasons unanswerable against his Iurisdictions and Estate And yet instead of making use of these reasons civily to take away his Jurisdictions and Estate his life is criminally and principally persued How are these things consistent But that which is crooked cannot be made straight 3ly It is false that ever the late Advocate or any other represented any reasons far less unanswerable ones against the Earl's Rights either to his Estate or Superiorities And the whole truth in this matter is that he did indeed offer some reasons to the Exchequer against the Earl's Right to his Jurisdictions but which at the same time were so evidently refelled by shewing that the Earl's Rights were long anterior and no way touched by all the Acts of Parliament whereon he founded that His Majesty after full information did first by his Letter a copy whereof ye will find subjoyned expressly order the passing and confirming of the Earl's Rights and then give a special Instruction unto his Commissioner to ratify it in plene Parliament which was also done And what the present Advocate did in the last Parliament and how it succeeded with what else may be needful for clearing of this point you have already in the Narrative 4ly Our Author first confounds the Earl's Estate and his Superiorities as if one and the same thing Whereas a man's Estate includs also his Property But the Second mistake and the greater cheat is because the word Superiority sounds more of power then the word Property doth therefore the Earl's enemies do in his case constantly joyn his Jurisdictions and Superiorities as if both of the same nature and equally amissable for not taking the Test or any the like cause And hereby have they so far impressed His Majesty as to cause him also speak at the same rate Whereas it is an uncontestable truth that a Superiority in its Right and as to the person that enjoyes it is plainly Property and is only called Superiority because the Owner by granting according to the use of the Feudal Law a Subaltern Right to a Vassal holding or releving of himself for certain Services