professeth repentance with such solemne obtestations as affected the whole Assembly Upon this the sentence is delayed the presbitery of Glasgow is appointed to advertise the provinciall Synod of Lothian who were ordained to excommunicate him in case he relapsed And as they feared so he returned to his vomit with violence intended to enter the pulpit when the presbitery according to the appointment of the Generall Assembly were beginning a processe against him the Laird of Minto provost of the Town presented a warrant from his Maj. to stay the processe when they were going on he pulleth forth Mr. Iohn Howeson minister at Cambuslang Moderator imprisoned him in the Tolbooth But for all this Mr. Montgomery is excommunicated by Mr. Iohn Davidson the same was intimated in all the Churches The council declareth the sentence null against this the Ministers of Edenburgh give open testimonies in their preaching for this cause they are commanded to remove out of the Town within the space of twenty fowre houres At this time there was an Assembly sitting at Edenburgh who send some of their number with a supplication to his Majesty wherein they shew That indeed he was the Head of the Commonwealth but onely a member of the Church as a châ—…f member he should have the chief care thereof but now it was not so thâ—…r decrees are resâ—…inded they are forced by his servants Ministers are drawâ—…e out of pulpits that he was playing the pope usurping both the swords and when they come present it unto the Council the Earle of Arran cryeth out if there were any that durst subscribe the same where upon Mr. Andro Melvin answereth we dare taking a penne out of the clerks hand sayeth to his brethren who were commissionated with him comeforward so he they did subscribe the same This storme is not yet blowne over for the next year 1583. Mr. Andro Melvin is summoned before the Council for saying in his preaching That ministers should presente to princes the example of their predecessours as Daniel did the exemple of Nebuchadnâ—…zar to Belteshar But now if any should hold forth what evill King James the third got by a company of flatterers it would be presently said that he had gone from his text must be accused of treasone But when he compeareth he declineth their judgement affâ—…ming that what was spoken in pulpit ought first to be tried by the presbytery that they could not in primâ instantià medle therewith But they proceed though they could get nothing proven for his declining he is commanded to the Castle of Edenburgh then to Blackness but being advertised of his danger by his friends he retireth unto Berwick Annâ—… 1584. the storme groweth to a height for in May there is a parliament suddainly conveened which dischargeth all Church judicatories giveth the King power over all causes civil and ecclesiastick dischargeth all declining of the King his Council in any mater civil or ecclesiastick under the paine of treason also all Ministers to meddle in sermons with the affairs of his Highness his Estate see act 129 130 131 134. of the 8. parl of King James sixt when Mr David Lindsay Minister at Leith was sent by his brâ—…thren to intreatâ—…the King to paâ—…e no act in prejudice of the Church he is committed to Blackness there detained prisoner 47. weeks And Mrs Andro Polwart Patrick Galloway Iames Carmichel are denounced rebels are forced to flee into England So are the Ministers of Edinburgh forced to retire leaving an Apology behinde them But for all this when the acts of this Parliament were publishing Mr Robert Pont protested taking Instruments that the Church should not be obliged to yeeld obedience thereunto being denounced rebell he fleth into England Now is Mr Montgomery established Bishop of Glasgow one Mr Adamson as naughty vicious as any is setled in St Andrews no sooner get they up their head but as soon they execute their tyranny rage against the rest of the Ministry compelling them to promise obedience to them as their ordinaries under the paine of banishment confinement imprisonement deposition sequestration of their stipends Whereupon many in this day of trial did faint subscribe thinking it a sufficient salvo to adde according to the Word of God but afterward mourned for it Now none durst pray for the Ministers who had fled under the paine of treason so dark a day was this But neer the end of the next year there is a change as Court the Ministers returne a Parliament is called at Lithgow but nothing is done in favours oâ—… the Church At length 1586. the King was desirous to have some setling in the Church appointeth a Conference in February at Halyâ—…od house where some articles were drawne up referred to the General Assembly As 1. That the Bishop should have a care of one flock 2. That some Ministers should be added to him without whose counsell he should do nothing 3. His doctrine should be examined by the meeting 4. His power should be of Order not of Jurisdiction 5. Beside his own Church he might have the inspection of moe when the Assembly meeteth in May they could not assent to all these articles yet at length seeing they could not have all which they desired they accorde to this that both Bishops and Commissioners should be subject to the triall of the Generall Assembly that where they did reside they should moderate provinciall Synods Presbyteries in the meane time the order of the Presbyteries was sett down they proceed to examine the processe of Mr Adamson who had declined the provincial Synod of St Andrews he submitteth And the next year Anno 1587. Mr Montgomery resigned his place so was absolved from the sentence of Excommunication by the Assembly When the Parliament doth conveen this year Anno 1587. there are some Prelats who would sit there in name of the Church but when the Church perceived this Mrs David Lindsay Robert Pont were sent to desire that they might be removed as having no authority from the Church the most of them no function in it at all The prelats finding themselves now in a staggering condition thought it was their best to ingratiate themselves in his Majesties favour thereby secure themselves in their places therefore condiscended unto the Act of Annexation of all the Temporalites of benefices unto the Crown which was a dilapidating of the Church rents It is true Spotiswood putteth another face upon this busines in his History but the man could change with the times speake another thing in his English History then he durst speak in his Latine refutation for there he sayeth In summâ Ecclesiasticorum persidià proximis Comitâ—…is Anno 1587. transacta decreto ordinum actibus intervenientibus insinuata Nam Episcopi durissima quaeque à fratrâ—…bus
admonition in her injunctions of purpose to explaine interpret the sense meaning thereof gave it this sense That nothing was is or shall be meant or intended by the same oath to have any other duty alleagiance or bond required by the same then was acknowledged to be due to the most noble kings of famous memory King Henry 8. her Maj. father King Edward 6. her Maj. brother That her Maj. neither doth nor ever will challenge any other authority then that which was challenged lately used by the saids noble kings which is and was of ancient time due to the imperiall crowne of this realme That is under God to have the soveraignity rule over all manner of persones borne within these realmes dominions countreyes of what estate either ecclesiasticall or temporall soever they be so as no other forraigne power shall or ought to have any superiority over them And this was confirmed by Parliament 5. Eliz. cap. 1. But neither did this remove the offence for still the oath did import more then soveraignity over all persones even over all causes also and it was certaine that King Henry 8. did both challenge use more power then that therefore the convocation of the clergy meeting Anno 1562. took notice of the offence saw a necessity of declareing another sense for the satisfaction of all this they did Artic. 37. declaring signifying That there was no authority in sacred matters contained under that title but that only prerogative which had been given alwayes to all Godly princes in holy scriptures by God himself viz That they should rule all Estates and degrees committed to their charge by God whether they be Ecclesiasticall or temporall and to resâ—…raine with the civil sword the stbbâ—…rn and evildoâ—…rs as also to exclude thereby the Bishop of Rome from having any jurisdiction in the realme of England this Article was assented unto by the Parliament 13. of Eliz. c. 12. is insert in the statute book But under favour any may see that this covering was not sufficient to hide the deformites of that oath as worded for all the jurisdiction of the Bishop of Rome was hereby excluded now the Bish. of Rome's power was more then civil for it was ecclesiastick also the oath gave unto the Queen that which was taken away from the Pope more over supreme governour in causes ecclesiastick importeth more then this explication doth And therefore it had been much better if no more had been intended then this explication saifly taken doth hold forth to have changed the words of the oath made them more conformable to the glosse for every one who readeth seeth this sense will not be able to discerne an harmony betwixt them the oath as worded holding forth more then the glosse hence it was that for all this glosse the English divines were put to much trouble to defend themselves when sorely pressed with the words of the oath they seemed to be at some losse disadvantage were constrained to run from the words of the oath unto the glosse which is a sufficient proof that if no more be intended by the oath then what is held forth in the glosse giveÌ„ the oath ought to be otherwayes worded hence also it is that all the followers of Erastus to this day do look upon the Church of Engl. as wholly of their judgment this puteth such divines as write against Erastianisme to great paines to search out the meaning of the English divines to answere that objection certanely these divines would have wished that the oath had been otherwise worded So that adversaries might have had lesse ground to boast of the Church of Englands being of their judgment Yea Triglandius in dissâ—…rt de Civil Eccles. pot Waveth the English divines in this poynt fearing possibly that he should not be able to extricate himself out of the thicket of difficulties which he might see before him therefore sayeth Cap. 8. Pag. 154 155. Controversiam Anglorum i. 〈◊〉 We owne not the controversie of the Englishes with Papists upon this subject aâ—… owrs for we are not of the judgment of Papists nor are we necessitated to defend our judgment by the judgment of the English divines And again in his Amapologia Pag. 726. Col. 2. Quamvis non diâ—…eamur c. Though we cannot deny but they i. e. the Englishes in respect of the usurped hierarchie there and the King's power over it have extended the King's supremacy furder then it ought to have been And Apollonius in his Ius Majestatis Part. 1. Pag. 11. telleth us that Some reformed divines in the heat of disput against the Papists out of hatred to the Roman hierarchy did turne a little out of the right way that they spoke according to the lawes of that Kingdome common-wealth in which they lived This especially is to be noted in those divines who wrote of the King's supremacy in the Kingdome of England The learned have seen the writtings of Lancelot Tooker Burchill Thomson and Salcobrig c. And the writtings of their adversaries who debated with them concerning the King's supremacy all who are not slaves in their judgments unto the great ones of the World may see clearly that there are failings on both hands And againe out of Didoclave Pag. 43. he telleth us That albeit they did blote out the metaphoricall title of the head of the Church lest it should give offence put in its place the Supreme Governour Yet the sense was the same for Henry of Salisburry sayeth That the King of England is the primat of the Church of England that he is a mixed person having both Ecclesiastick temporal Jurisdiction that in a supreme way proveth from the statute I. Eliz that the jurisdict Eccl. which was or might have been exercised by any spirituall or Church power for visiting the Ecclesiastick state order for reforming bringing into order punishing Churchmen all sort of errors schismes abuses offences enormities within the Kingdome is for ever annexed unto the Crown So that it is too too apparent that severall of the English divines run a furder length give a larger exposition of the supremacy So dangerous a thing is it to admit of oaths which must have strained glosses commentaries for clearing of them which the words will not in a faire construction bear moreover if any consult the later actings of King Parliament there in England they shall see a far other sense put upon it such as plead for the present change of Church government there walk much upon this supremacy particularly the author of the grand case asketh how any man who hath taken or is willing to take that oath can speak against the King's power of setting up what forme of Church government he pleaseth in the Church which whether it may not make Englishmen of a truely tender conscience
The grounds ends of this undertaking SECTION 1. Pag. 5. Sheweth When the Christian religion began first in Scotland That Palladius was the first prelate in Scotland No prelats among the Culdees How when reformation from popery began Superintendents no prelats Nationall Assemblies from the beginning of the reformation How the Tulchan Bishops came in over the Church her belly The Church wrestleth till these be put away presbyterian Government be setled in all her judicatories Anno 1592. The King thereafter incroacheth upon the privileges of the Church Prevaileth with some of the Ministers who betray the Church yeeld to Parliament-Bishops hinder the Church from enjoying her privileges liberties in her free Assemblies The faithfull Zealous are persecuted Parliaments carry on the King's designe with violence Corrupt Assemblies are convocated to further his Maj. designe to give Church power unto these Parliamentary Prelats Parliaments ratifie all The Church protesteth striveth against all this what she can The prelats being now inthroned tyrannize over oppresse the faithfull laboure to have ceremonies imposed upon the Church with force acts made in Parliament for bringing in the surplice Corner cap unto which some worthy nobles could not assent Anno 1633. Who are therefore accounted rebels traitours And Balmerino is condemned The prelats rage without all law draw up a service book book of canans c. SECT 2. Pag. 44. Sheweth How the use of the service book was hindered in Edenburgh Ministers people from all parts of the Kingdome petitioned against it The King favoureth not the petitioners They not withstanding continue in petitioning against the service book high Commission prelats c. Renew the nationall Covenant thorow the whole land The King intendeth a war An Assembly is indicted at Glasgow Nov. 21. And opened up This Assembly condemneth anulleth severall pretended Assemblies the book of common prayer the book of canons the book of consecration ordination the high commission court the ceremonies excommunicateth some deposeth all the prelats War is prepared against them They defend themselves A pacification is concluded another Assembly promised a Parliament thereafter The Assembly is opened up The Parliament is convocated but quickly adjourned Commissioners are sent to London imprisoned A new war is raised by the King Scotland prepareth for defence A new pacification The Parliament meeteth ratifieth all which the Covenanters had done Those acts are againe ratified The Parl. of Engl. beginneth a work of reformation entereth into a Covenant with Scotland the two nations joyntly proceed in the begun work of reformation A party in England strengthen themselves alter the judicatures take away the King's life Scotland bringeth home the prince who sweareth the Covenants is overcome by the Englishes in battell keeped in bondage ten yeers till the exiled King returned Anno 1660. SECT 3. Pag. 69. Sheweth Why these Ministers others who met Agust 23. 1660 were incarcerated what their supplication was And how unjustly they suffered upon that account SECT 4. Pag. 77. Sheweth What were the grounds upon which the Marquise of Argilâ—… suffered how insufficient in poynt of law from severall considerations SECT 5. Pag. 83. Sheweth What were the grounds upon which the life of precious Mr Guthry was taken how insufficient Either in law or conscience SECT 6. Pag. 86. Sheweth Upon what account other Ministers were persecuted And how unjustly Some banished for righteousnesse sake some indictâ causâ An extract of the sentence was refused to thosâ—… to all others SECT 7. Pag. 88. Sheweth The grounds why conscientious Ministers could not observe the anniversary day SECT 8. Pag. 91. Sheweth The reasons why Ministers could not observe the prelatâ—… meetings The author of the seasonable case c. Answered SECT 9. Pag. 101. Sheweth The reasons why ministers could not seek presentations from patrons nor collations from prelats The author of the seasonable case answered SECT 10. Pag. 114. Sheweth The true sense of the oath of alleagiance which was tendered Anno 1661. c. Compared with the former how it holdeth forth a great civil supremacie in the King cleared by the act 11 parl 1661. Which at least is much to be questioned from nine severall grounds And cannot lawfully be acknowledged because of ten dreadfull consequences which shall necessarily follow thereupon The former proceedings of the Church state of Scotland vindicated cleared SECT 11. Pag. 140. Sheweth The lawfulnesse of Scotlands defensive war first from the former practices of Scotland other Kingdomes King Iames King Charles confessions of adversaries next from a true clearing of the state of that war in Six Particulars which obviat all the objections of adversaries And lastly from lawyers adversaries the law of nature the law of nations the law of God sound reason SECT 12. Pag. 169. Sheweth What is the meaning of the oath of alleagiance as to its Ecclesiasticall part What way the King's supremacy over Church persons in Church causes began was carryed on in England How the same was advanced to a great height in Scotland What sense this King the late Parliament did put upon the oath of alleagianee by their Acts Actings How it were sinfull to acknowledge by taking the oath That so much Church power belongeth unto the civil Magistrate cleared by Nineteen particulars SECT 13. Pag. 200. Sheweth The groundlesnesse of Mr Stilling fleet 's notion concerning the divine right of formes of Church governement by making it appear how he overturneth his owne grounds how he misstateth the question the practice of the Apostles ground a jus divinum here Christ's institution the institution of the Apostles is for a particular species Christ's faithfulnesse in his office speaketh much for this The hazard is great in leaving the species undetermined The confession of the faith of severall Churches for a Species How he misseth his pretended end arme And how unseasonable his book is at this time uselesse so long as the league Covenant standeth in force though his notion were true in thesi SECT 14. Pag. 254. Sheweth How weak the Reasons are which plead for the taking of the oath of alleagiance by answereing Sixteen of them SECT 15. Pag. 270 Sheweth How unlawfull it is to owne acknowledge the curats foâ—… lawfull Ministers by fourteen reasons Foure objections answered SECT 16. Pag. 298. Sheweth That it is lawfull for Ministers banished from their owne flocks by a sentence of the civil Magistrate to preach in publick or private as God calleth by Eight reasons Thrâ—… objections are answered SECT 17. Pag 305. Sheweth That it is lawfull for Ministers though censured by the pretended prelate to preach as God giveth a call whether in publick or in private by Six reasons Foure objections are answered SECT 18. Pag. 310. Sheweth That it is lawfull for people to meet together for hearing honest Ministers preach publickly or privately And for other Christian duties notwithstanding of Acts made against it by severall reasons One objection answered SECT 19. Pag. 316. Sheweth How unlawfull it is to acknowledge the high commission court by compeering before it by Eleven reasons Foure or five objections are answered SECT 20. Pag. 327. Sheweth How dreadfull a sin it is to abjure the Covenant a sin aggravated by twelue particulars SECT 21. Pag. 347. Sheweth What judgements perjury hath brought on in all ages out of history sacred prophane SECT 22. Pag. 359. Sheweth The lawfulnesse binding force of the solemne league Covenant notwithstanding of all which the author of the seasonable case c. hath said against it SECT 23. Pag. 391. Sheweth The lawfulnesse of the nationall Covenant as it was sworne subscribed Anno 1638 1639 c. Notwithstanding of all which the author of the seasonable case c. Hath said to the contrary The CONCLUSION Pag. 416. Sheweth What the now afflicted Church of Scotland expecteth from strangers what use they should make of this sad dispensation c. FINIS Whence may not men destruction feare Who with deceitfull hearts do sweare This age wherein we live is void of faith For writes are signed twelue witnesses before The notar writt'th both time place what more Yet come'th a man of words who all deny'th King's words have weight great respect More then all oaths which men exact
nor dissolved formerly without their own consent lest this might be a preparative for times to come they resolved to emitt a Declaration for their exoneration caused insert it in the Registers ad futuram rei memoriam And withall they send some of their number unto his Maj. with grievances appoint others to attend his Maj. answer at Edenburgh then they dissolve having first published an Infirmation to the Estates of England concerning the present state of affairs But these Commissioners after they had endevoured to give his Maj. satisfaction in all points according to their Instructions at severall times from the 20 of Febr. unto the 23 of March 1640. were detained afterward the Lord Loudoun is put into the Toure of London other three are put under a restrant contrary to the Law of Nations A new warr is intended The Castle of Edenburgh is fortified with a hundreth strangers moe much Ammunition The Commissioners of the Parliament seeing this hearing of an army leavyed in England under the conduct of the Earle of Northumberland how the Deputy of Irland with the Nobles there in Parliament had offered a great summe of money what stir the prelats of England were making at Court what offers they were making to carry on this new warr which they so far owned as to call it Ballum Episcopale they resolve to put the land into a new posture of defence and emit a Declaration for satisfaction of their friends in England which was so satisfactory as that many of the lower House of Parliament then sitting declared that they saw no cause of a warr against Scotland therefore would grant no subsidy But this parliament is dissolved Scottish ships are intercepted their goods taken away the Seamen imprisoned miserably handled all Sea-ports closed up with Frigots the Kings army advanceth both by sea land the Castle of Edenburgh oppresseth the town killeth many with shote Now at the time appointed Jun. 11. the parliament conveeneth leavieth an army for a new Expedition in defence of the land cleareth the equity of the same in a Declaration shewing 1 how they were necessitated thereunto being not able to live without traffique justice to mantaine an army on the borders 2. That the warr was onely Defensive the King being stirred up by their adversaries to breake the Articles of Pacification to imprison their Commissioners to call Parliaments in England Irland for subsidies for the warr to take their ships imprison their sea-men to give Commission to the Governour of the Castle of Edenburgh to kill all he could when they resolved onely to defend themselves to seek a firme sure peace then to lay down armes after security had for their Religion liberties 3. That they were called by the same divine Providence by which they had been directed hitherto 4. That they looked upon none as their enemies but a Canterburian Faction made up of Atheists Papists Arminians Prelats the seducers of the King 5. That their end was not to wrong his Maj. nor to enrich themselves but Gods glory the firm peace of both nations the true honour of the King that the enemies of both Kingdomes might be punished So do they emit another paper for the satisfaction of the good people of England clearing their true Intentions And so do advance with their Army in to England take New Castle before they would advance toward York where the maine body of the Kings Army did lye they supplicat his maj at length to consider their greevances particularly to ratifie the last Parliament that the Scott in England and Irland might be set at liberty and not forced to take unlawfull oaths that the Incendiaries might be punished according to justice the Scottish ships restored and every thing removed which hindereth free commerce and tradeing between the two Nations Many of the English Nobility the City of London petition for a Parliament they and others advise his Maj. to desist from the warr At length the King is moved to thoughts of peace chooseth eight English Earles eight Lords to meet with such as Scotland should make choise of to conclude all matters of difference This Conference did begin at Rippon was concluded at Westminster the substance of which shall be mentioned presently when it shall be shown how these Acts were all ratified approved by the King himself his Parliament of Scotland Anno 1641. When the Parliament in Jun. Anno 1640 had conveened at the time appointed at the last Session all the Acts of the former Assembly 1639. are ratifyed by their 4. Act. They also ratify the Covenant the Act of Councell beformentioned thereanent do insert the said Covenant with the assemblies explication in their Registers And rescinde all Acts Statutes made in favours of the prelats as Act. 23. Anno 1597. anent their voice in Parliament Act 2. Anno 1606. anent their restitution the act 8. Anno 1607. anent the Chapter of St Andrews act 6. 1609. anent their Commissariates the 1 Act 1612. ratifying the acts of the pretended assembly at Glasgow 1610. the 1. 2. Acts Anno 1617. anent the Election of Bishops restitution of Chapters the 1. act 1621. ratifying the Articles of the pretended assembly at Perth 1618. all others whatsoever made in their favours prejudiciall to the spirituall nature jurisdiction Discipline privileges of the Kirk or of the Generall provinciall presbyteriall assemblies or kirk Sessions after the enacting of many other profitable lawes they adjourne the Parliament unto the 19. of Novemb. next then unto the 14. of January 1641. then unto the 13. of April following then unto the 25. of May then unto the 15. of July at which time the King himself was present And in this Session of Parliament the Articles of the Treaty are ratifyed enacted ordained to have in all time comeing the fullforce strength of a true persect security Act of Parliament the King for himself his successours promised in verbo principis never to come in the contrary of that Statute Sanction or any thing there in contained By this Treaty these Articles were concluded 1. That for as much as the Kings Maj. did call conveen a Parliament to beholden at Edenburgh the 2. of Inn. 1640. wherin certaine acts were made aggreed upon which acts hiâ—… Maj. for the peace good of his kingdome is pleased to publish in his own name with consent of the Estates therefore commands that the said acts bearing date the 11. of Iuny 1640 be published with the acts to be made in the next Session of the same Parliament that all the said acts have in all time coming the strength of lawes 2. That the Castle of Edenburgh other strengths of the kingdome should according to their first foundation with
approved there the same may be with publick humiliation all Religious answerable solemnity sworne subscribed by all true professors of the Reformed Religion all his Maj. good subjects in both Kingdoms Thereafter on the same day it was approvedby the Convention of estates then sent unto the kingdome of England where after mature deliberation it was approved by the learned assembly of Divines by Both Howses of Parliament by them in their solemne assemblies after sermon solemnely sworne subscribed by Ordinance of Parliament sworne suhscribed in all the parishes of the Kingdome a copy thereof appointed to be affixed in every parish Church also a faire Copy thereof with all the names of the members of Parliament who subscribed the same is ordained to be affixed at the end of the great Hall of Westminster When thus it was sworne subscribed in England The Commissioners of the Gen. Assembly Octob. 11. 1643. ordained the same to be with publick Humiliation all Religious solemnities received sworne subscribed by all ministers professours within the Kirk for this effect it is ordained That the League Covenant be forthwith printed that the printed copies bound with some clean sheets of paper be sent unto the ministry that every minister upon the first Lords day after the same shall come to his hands read explaine it by Exhortation prepare the people to the swearing subscribing thereof solemnely the Lords day next immediately following ordaine that presbiteries proceed with the censures of the church against all such as shall refuse or shift to swear subscribe the same And the Commissioners thinke it very convenient for good example the better encouragement of others that it be solemnely sworne subscribed by themselves now present before the Congregation in the East kirk upon friday next the 13 of this instant after sermon exhortation to be made by Mr Robert Douglas Moderator that the Commissioners of the Convention of estates now in towne the Commissioners from the Parliament of England Divines of that kingdome here present be earnestly desired to joyne with them in this solemne Religion action Upon the 12 of Octob. the Commissioners of the convention of Estates did also ordaine the same to be sworne subscribed under the paine of being punished as enemies to Religion his Maj. honour peace of the kingdoms to have their goods â—…ents confiscate c. also ordaine all Sheriffs Stuarts others his Maj. magistrates in Brugh land Committies in the severall shires to be assisting to ministers and presbiteries in procuriing reall obedience hereunto Which deed of the Commission of the Church was ratified approved by the Gen. assembly Jun. 28. 1645. So is the deed of the convention of estates their commissioners approved ratified by act of Parl. July 15. 1644. where the League Covenant is insert in the Registers Thus the kingdoms of Scotland England after other meanes of Supplication remonstrance Protestation and sufferings to the end they might preserve themselves and their Religion from utter ruine and destruction according to the commendable practises of these Kingdomes in former times and the example of Gods people in other Nations after mature deliberation resolved and determined to enter into a mutuall and solemne League and Covenant wherein all did subscribe and with hands lifted up to the most High God did swear as they should answer at that great day to God the searcher of all hearts That sincerly really and constantly they should endevour in their severall places and callings 1. To preserve the Reformed Religion in the Church of Scotland in Doctrine worship Discipline and Governement and to Reforme England and Ireland according to the word of God and the example of the best Reformed Churches and to bring the three kingdoms to the nearest conjunction and uniformity in Religion Confession of Faith forme of Church governement Directory for worship and Catechising 2. To endevour the extirpation of popery Prelacy Superstition Heresy Schisme Prophaness and whatsoever shall be found contrary to sound doctrine and the power of godliness 3. To preserve the Rights and privileges of the Parliaments liberties of the Kingdomes and the Kings Maj. person and authority in the preservation and defence of the true Religion and liberties of the Kingdomes 4. To discover all such as have been or shall be incendiaries Malignants or evill Instruments hindering the Resermation of Religion dividing the king from his people and the kingdomes one from another or making any fâ—…on or parties among the people contrary to this League and Covenant that they may be brought to triall and condigne punishment 5. To endevour that these kingdomes may remaine conjoyned in a firme place union to all posterity 6. To assist such as enter into this Covenant and not to suffer themselves any maner of way to be divided or to make defection or to give themselves to a detestable indifferency and neutrality in this cause but shall continue â—…in against all opposition and promote the same according to their power against all sets and impedimentes whatsoever When these hands did thus enter in Covenant with the great God of heaven earth many of soul was converted which was as the finite of this noble Marriage when they saw the wonderfull works of the Lords right hand whereby he openly â—…nyably owned that Covenant such as entred into 〈◊〉 Then did these Churches flourish begin to have a beautifull countenance to be admired abroad by strangers who stood astonished at the report of what they did hear dayly of the Lords owneing fighting for that Covenant seconding the Covenanters in carrying on the Ends of the same But at length after the Lord had by many signes wonders testified his displeasure against broken the whole strength force of the Popish Prelaticall Malignant faction wrought deliverances in all the three kingdoms for the people that engadged in Covenant with him It seemed good in his eyes who doth all things according to the counsell of his own will to suffer another enemy to arise to trouble his Church to try his people viz. the Sectarian party who grew to such an hieght in the English Army that they over-ruled the Parliament of England putting away the House of Peers they modelled the House of Commons as they thought good erected a New Court which they called an High Court of Iustice before which they did Impannel the King at length did violently take away his life Januar. 30. 1649. against which deed the Commissioners both from the Church State of Scotland did protest were therefore hardly used at London When the report of this cometh to the eares of the Parliament of Scotland which was then sitting They upon the 5. of Febr. 1649. considering that for as much as the kings Maj. who lately reigned
was petended the true cause was that which made him so famous even his zeal activity for the work of God in his generation for what ever else they had to lay to his charge if he had either opposed the work of God or done as litle for it as many other of the Nobles his life would not have been taken now more then the life of others it is true other things were sought to colour this bussinesse and failing one another failing that a third but in end ther is a comprehensive generall set downe as the ground of the sentence to this purpose That he had been an enemy to the king his interest these 23 yeers or more by past which in effect is as much as to say he had been an active friend for the interest of Christ. But because generalls cannot well be proved they condescended on severall particular actings of his in carrying on in his place station the work of reformation when all these failed they fix upon his complyance with the Englishes after they had subdued the land in battell and forced the king out of his dominions had garrisoned the whole land used it almost as a conquest by sitting in their parliament when chosen by some shire and when the rest of the shires of the land had sent their commissioners thither This his complyance with them at that time by sitting in their judicatories and there concurring with his advice counsel for the good of the land that was now under their feet is the only particular ground upon which his sentence is founded and the particular speciall cause pretended for which he was condemned to lose his head as a traitour to have his head put up on tâ—…e top of the tolbooth as an eminent traitour A sentence which question lesse at first veiu may make all men of understanding astonished to wonder how ever it could have entered into the minde of the parliament of Scotland to sentence unto death such a peer of the land such an usefull member of the Kingdome an ornament upon such a ground and for such a cause But if these foure particulars be considered the matter will yet appear more wonderfull 1. The matter of complyance with the Englishes at that time was so farr from being accounted treasonable that severall of the lawyers among whom was one Sr Iohn Fletcher who was now advanced to be his Maj. advocat did accuse this worthy Nobleman of treason did swear subscribe an oath to be faithfull unto the governement as it was then established without King house of Lords Now if there had been treason really in this deed either by the civill law or by the municipall lawes of the land would not the lawyers have perceived it whose dayly work study the lawes are 2. If this had been the deed of this nobleman alone the mater had been lesse to have been wondered at but it being such a deed whereof few of the nobles of Scotland were altogether free yea whereof many of the members of Parliament his judges were guilty the matter is beyond a parallel It is hard to make secios criminis sit as judges condemne the accused reason would require that the table should be purged Is it not strange for a Parliament to condemne one for such a fault for which many of their own members might with as much justice equity be condemned and is it not strange how they being by their own confession traitours in the heighest degree could fitt judge others It is true it will be replyed That his Maj. might pardon whom he pleased But then it will aboundantly appear that not this But something else was the cause of this worthy nobleman's death Whatever may be said in poynt of law yet it will be a disput in poynt of conscience If kings may pardon such crimes as do deserve death by the law of God or if such crimes which kings may pardon of their own accord according to their own good pleasure do before the Lord deserve death 3. If the Parliament had thought this particular worthy to bear so much stresse why would they have spent so much of their time in searching for other grounds to goe upon 〈◊〉 why did they not make use of this at the first but it is like this had never once been mentioned if they had been able to fasten treason upon any other of his actions this makes it so much the more to be wondered at that they would condemne such a noble man for such a particular which they would never once havâ—… named if they could have done their intended work otherwayes 4. Is it not strange that of all the complyers of Scotland there was not one except this nobleman impannelled upon this account let be put to death yea is it not strange that those noble Men were never once questioned who being desired by Generall Monck when he was entering England with his army to rancounter Lambert did abjure king Charles his interest this Nobleman must die Yea is it not yet more strange that one William Purves who by complying had occasioned almost ruine to many noblemen brughs and gentlemâ—…n should have been absolved by act of Parliament as might be cleared if there were a table of the unprinted acts set down after their acts as is done alwayes in other Parliaments and yet this nobleman must be sentenced to death for complying for the good of the countrey But to speak unto the bussinesse in poynr of law let these foure or five Particular quaere's be considered and then any shall be able to perceive the iniquity of this sentence 1. By what act of Parliament is such a deed as this condemned as treasonable By what municipall law can any member of the Kingdome be challenged upon the account of treason for treating with a conquerour for life liberty for sitting in his councells for the good of the countrey after that he with the rest of the body of the land had foughten in the defence of King countrey till no more could be done after the whole land had been overcome at severall battels and wholly overrun had acted nothing for the advantage of the enemy disadvantage of the king countrey before the victory obtained but in all poynts had carryed as became a loyall subject contributing all the help by armes counsell which was required what act of parliament declareth such a deed as this treasonable such a subject to deserve death as a traitour 2. Was there ever such a Practique in Scotland since ever there was a king in it Severall times was the kingdome of Scotland overrun by the kingdome of England particularly in the dayes of Baliol at that time King Edward caused the Nobles of Scotland swear all aidgeance unto him But when Bruce came to be King was there any of the Nobles questioned for treason upon that account
displeasure of many at court when Ministers were freely rebuking sin in about the court they were accounted railers traitours And being accused of treason before the King his Councill They declined them as incompetent Judges Upon this account in this houre of darknesse by the meanes of the Earle of Arran This Parliament is suddenly called wherby there were two Parliaments in one year 1584. the one meeting May 22. the other which is called the ninth Parliament as the former was called the eight Agust 22. which granteth this supremacy to the King over persones ecclesiastick for formalities sake civil therefore in the end of that act it is declared to be treason to decline his Maj. or his Council in any case So then the question was not betwixt the King the Parliament But betwixt the King or his Councel the Church in spirituall matters It is true also that in the 1. Act of Parliament 18. Anno 1606. His Maj. soveraigne authority Princely power Royall prerogative and privilege of his Crowne over all Estates persones and causes whatsoever is acknowledged But this act is of the same nature with the former no prerogative over above the Estates of Parliament is acknowledged here to belong properly to the Crown And moreover these words are but faire flourishes parliamentary complements Finally the prerogative here spoken of is founded upon personal qualifications where with they say he was endued far beyond his predecessours such as extraordinary graces most rare and excellent vertues singular judgment for sight Princely wisdome the like these may be wanting in one possessing the crowne therefore it could not be the minde of the Parliament to give a supremacy founded upon such qualifications to these who had not those qualifications so they could not annex it unto the Crowne 9. Together with these particulars let this be considered That in 3 Article of the league Covenant they did all swear Sincerly really and constantly in their severall vocations to endeavour the preservation of the rights and privileges of the Parliaments And then it shall appear that there was good ground of scrupleing at that oath which as explained by their acts tendeth to the overturning of those rights privileges For none who desired to make conscience of the oath of the Covenant might swear an oath so apparently opposite thereunto It is true those questions concerning the power of Princes Parliaments are dark ticklish Ministers not being lawyers by profession can not be supposed to be well acquanted with the lawes constitutions of the realme or with the nature extent of the same in all points Yet it concerneth them to see to this that they run not themselves upon the rocks of contradictory oaths And having sworne to endeavour in their places callings the preservation of the rights privileges of Parl. it concerneth them all not alitle to search so far into the rights privileges of Parl. as that they may know when an oath is tendered unto them which crosseth the same being once engadged in an oath in a matter not sinfull not to change or to swear that which destroyeth contradicteth the former oath But leaving those things not laying more weight on them then they will bear other particulars more weighty pressing must be spoken to therefore let it be considered 10. What dreadfull consequences will follow upon the taking of this oath thus explained as to its civil part by the forementioned act concerning the prerogative other acts now to be mentioned as 1. A condemning of the convention of Estates Anno 1643. conform to the Act 6. of this Parliament 2. A condemning of the Parliaments Anno 1640 1641 1644 1645 1646 1647 1648. conforme to their Act 15. as also the committees Parliaments thereafter Anno 1649 1650 1651. conforme to their Act 9. 3. A condemning of all the Acts made by these Parliaments conforme to their Act 3. 4. A condemning of all the meetings Councells Conventions of the subjects at the beginning of the late work of Reformation conforme to their 4 Act. 5. A condemning of the League Covenant conforme to their Act 7. 6. A condemning of Scotlands joyning with helping of England in the day of their straite conforme to their Act 7. 7. A condemning of the renueing of the Nationall Covenant Anno 1638 1639. conforme to the last words of the 11 Act. 8. A condemning of the Generall Assembly 1638 severall others thereafter conforme to their 4 Act. 9. A condemning of Scotlands riseing in armes in their own defence against the Popish Prelaticall malignant Party conforme to their 5 Act. 10. A condemning of their seizing upon forts castles in their own defence conforme to the said 5 Act. Was there not then cause to scruple at the taking of this oath which would have imported a condemning of all those things sure there was as shall be showne in speaking to each of the particulars mentioned Now it is clear that the taking of this oath would have imported a condemning of all these particulars from this That the Parliament doth condemne all these mentioned particulars as the acts specified do clear because done without his Maj consent which ought say they to have been had by vertue of his prerogative royall and supremacy the perogative doth explaine his supremacy in things civill as shall be showne more fully hereafter But to come to the particulars first There was no ground for condemning that convention of Estates 1643. notwithstanding that the Kings consent was not had therto 1. Because in poynt of conscience the Estates of the land being essentially judges are bound when the publict affaires of the Kingdom do require to conveen consult thereanent when Religion lawes liberties are in hazard when the necessitie is such as will admit of no delay pure legall formalities of state must be dispensed with when they cannot be gotten followed as in this case it was clear The true protestant religion his Maj. honour the peace of the Kingdomes were in hazard by papists their adherents in armes in England Irland The King refuised to call a Parliament at that time though he was oftin requeested there unto In this case what could the states of the Land do who were bound by the lawes of God of nature of nations to see to the preservation of the Kingdom to their own interests to religion that should be dearâ—… to them then any thingâ—… else were bound by the law of God to judge governe the land but obey God disâ—…ense with state formalities according to the many examples of the Estates of Scotland before who did conveen in Parliament whether the King would or not as that Parliament which did imprison donald the 70. King the Parliament at Scone which summoned King Culenus before them that Parliament which
never yet heard of that a King was crowned in Scotland but by a lawfull Parliament whose deed was valide if this deed of that Parliament was not valid let wise men conjecture what the consequences will be It is true they except in their Act 9. All such Acts as were passed in any meeting of Parliament or committee of Estates authorized by his Maj. presence But his Maj. presence will not make every company of men a Parliament yea his being present with them at any of their Sessions sayeth he owned them as a lawfull Parliament 2. How ever all these Acts which concerne himself seing he was not present at their making are null 3. How cometâ—… it to passe that the Kings presence Anno 1641. did not availe to keep that session of Parliament from a stroke with the rest And furder it appeareth that they annull the Parliament 1650 1651. altogether because if that had been a Parliament it had been the first Parliament of King Charles 2 so the Parliament 1661. had been his second Parliament But the Parliament 1661. is called his first Parliament therefore there was never a lawfull Parliament before in his reigne thus by their principles he hath never been crowned in Scotland as yet What a Premunire they fall into here let lawyers judge Fourthly There was as little reason to condemne these meetings counsels conventions of the subjects at the begining of the late work Because those meetings were necessary for the defence of Religion against the bloody Prelates who were seeking the overthrow destruction of all 2. Nor is there any Act condemning such which can with any colour be allaiged except the Act of that Parliament 1584. wherein things were carryed on by a strong faction in great haste for they had five Sessions in three dayes with great secrecy for the Lords of the articles were sworne to secrecy the dooresâ—… were keeped closse all the time of Parliament See laborious Mr Petree his History pag. 442 and the Act of this Parliament did mainely strick against the assemblies of the Church for that was the thing designed 3. What ever can be made out of this Act against civill meetings it will not stricke against those meetings because the Parliament 1640 in their Act 29. hath showne the true meaning thereof to be otherwise saying It cannot be extended against any councells conventions assemblies committees or meetings made holden keeped by the subjects for mantenance and preservation of the kings Maj. Religion lawes and liberties of the kingdome or for the publick good either of Church or state this Act was approved by the large treaty againe by the next Session of Parl. An. 1641. where the King himself was present 4. The secret councell which then was did approve of these conventions or tables as they were called so did his Maj. commissioner thereafter So then these meetings might be warrantably keeped for God's glory the removeing of the just grievances of the subject being no wayes prohibited by the municipall lawes which onely disallow such conventions as are for disturbance of the peace or usurpation against authority neither of which can be allaiged here for no invasion violence offer of wrong by word or deed to any person no not even to these against whom they had justly complained followed thereupon And those meetings were onely to consult upon the most fit humble way of supplicating his Maj. for the most convenient propositions to be presented to his Maj. to the Parliament to the assembly all which are most compatible with the loyalty duty of good subjects do no wayes encroach upon authority seing they assumed not any judiciall determination in any matter of state civill or ecclesiasticall but by voluntary instructions and opinions every one to another in a common cause of religion did resolve what might be most conduceable to their lawfull and just ends To use the words of the protestation Decemb. 18. 1638. Fiftly Nor is there just warrand ground upon this account to annull the League Covenant Because 1. It was against no municipall law for as to that 12 Act of the Parl. 10 of King Iam. 6. Anno 1585. it is so explained by the 29 Act of Parl. 1640. as that it cannot be extended to any bands leagues made for the preservation of the Kings Maj. Religion lawes liberties of the Kingdome or for the publick good either of Church or state and this may be furder cleared by vieuing the 43 Act of Queen Mary which the forecited Act of King Iames 6. relateth unto ratifieth for that Act is to be understood of particular leagues or bonds of man-rent as they called it or maintenance respectivè that by privat persones in brugh land therefore cannot be understood of leagues or bonds made by the body of the land in their representatives in Parliament which hath so much power in making of leagues that without their consent the King cannot make a league as is clear by a league which King Robert 2. consented unto betwixt Scotland France England which was annulled because it wanted the Parliaments consent for sayeth Buch in the end of his 9 book neque enim ipse pacem vel inductas facere poterat nisi ex sententiâ publici conventus nec firmas polliceâ—… sine publico decreto He could neither make nor promise truce or peace without the Parliaments consent in the Parliament 10. King Iam. 6. Anno 1585. among the unprinted Acts there is one containing the assent of the Parliament for concludeing of a league with the Queen of England 2. The Parliaments of Scotland have made leagues with forraigne Princes without the Kings consent as that Parliament which deposed the Queen Mother from her regency did enter in a league with the Queen of England 3. All leagues bondes made by the Parliament were ratified by this King by his solemne oath both before at his coronation and therefore none in conscience could condemne these bonds or take an oath importing the same What is more allaidged against the league covenant shall be fully examined hereafter Sect. 2â—… Sextly Nor was there just cause upon this account to condemne Scotland for aideing assisting of England in their straite extreame danger Because 1. It is a most ordinary thing for one nation to send help relief unto another thus the french the Englishes helped the Hollanders The king of Britaine offered to helpe the Rotchell the Palatinat 2. It was against a common enemy a popish prelaticall malignant faction seeking the ruine of religion lawes liberties in Scotland as well as in Engl. By the light of nature a common fear uniteth even these who are furthest divided so while Scotland fought for England they fought for themselves their own saiftie what ever law will warrand nations now to joyn together against the Turk will
own phancies as to be in paine untill he were delivered of this birth not considering the unseasonablenesse thereof at such a time There is a season a time for every purpose under heaven sayeth the wise preacher Eccles. 3 1. a wise mans heart discerneth both time judgment Ecc. 8 5. But it seemeth he hath been so desirous that the world should see this monstruous birth that 〈◊〉 he wanted a time he would take the most unfit season imaginable for it For it is hardly imaginable that he could have chosen a more unfit time for publishing this his notion Because though his notion in thâ—…si were unquestionably true as it is not yet in hypothesi it could not now be yeelded the Kingdomes being tyed to one of these formes by the oath of God the solemne League Covenant so not at liberty to choose what forme they please His principles will not suffer him to say that Presbyterian governement is utterly unlawfull that Episcopall governement is necessary his learning will soon discover a validity in a Covenant about things not sinfull though not absolutely necessary his piety will grant that conscience should be made of such oathes And now when the Kingdomes were under the oath of God to set up a government most agreable to the Word of God And to endeavour the extirpation of Prelacy could there be a more unseasonable time for venting this his notion touching the indifferencie lawfulnesse of either Presbyterian or Prelaticall For suppone his notion were a truth of what use could it be now when the Churches hands were bound up by a solemne vow Covenant from following their liberty Sure his disputing so much for the liberty of the Church in such a case at this time sayeth that in his judgment the oath of God is of no value otherwise at least he would have casten in this clause of exception some where so have stated the question as a case in Utopia if so be it was as a fire within him that could not be keeped in And now indifferent readers may judge whether intentio operit I shall not say operantis was union peace edification To teach people to break Covenant with God to null their oaths vowes is no way to the good edification of the Church Such an union by perjury will be nothing else but a sinfull conspiracy Peace in such away will be but dreadfull security when the judgments of God are at hand And such edification is nothing but destruction But it seemeth his silence in the matter of the Covenant all alongs sayeth that in his judgment the obligation of the Covenant is null so this weapon-salve of his must be strong that will eat thorow the bones of a Covenant but because it is so dangerous destructive unto the substantials vitals of Religion it is the lesse to be valued whatever vertue he allaigeth it hath for cureing wounds in the flesh Did he think that tender Christians would get the Gordian knot of a Covenant oath vow so easily cut as to think themselves at liberty to choose what forme of governement they pleased Or if he did not presuppose this of what use did he think his book would be Though it were to be wished that this learned man had imployed his talent more for him who gave it Yet seing he would not forbear the publishing of his notions conceptions he might have spoken his minde concerning the obligation of the solemne League Covenant For so long as that Covenant standeth in force his notion will evanish as a cloud without raine But we must end this digression in which we have insisted the longer because it is one of the maine grounds upon which the complyers of this age do walke goe on that we may hasten to some other particular SECTION XIIII Such reasons or objections as are allaidged for taking against refuseing of the oath of alleagiance as it is called Answered BEfore any other particular be entered upon or this concerning the oath which is called though falsly the oath of alleagiance passed from there are some few objections which would seem to militate against the refuseing to swear subscribe the oath as it was tendered which must be rolled out of the way And these are either such as concerne the civill part so seem to weaken the grounds of scrupling at the oath upon that account which were laid downe Sect. 10 11 or such as concerne the Ecclesiastick part so seem to weaken the grounds of scrupleing at the taking of the oath upon that account which were mentioned prosecuted Sect. 12 13. First then as to the civill part it will be objected 1. That there was no ground of scrupleing at taking of the oath upon that account Because it was but the acknowledging of that very power which did properly belong to him before which former Parliaments had recognosced as his due viz. the 18. Parliament of King Iames the V I. which did acknowledge his Soveraigne Autherity Princely Power Royall Prerogative Privilege of his Crown over all Estates persons causes whatsomever Ans. This Objection was sufficiently obviated above Pag. 126. where it was showne that these were but Parliamentary flourishes complements grounded upon personall qualifications And indeed the act seemeth to raise this structure upon his Maj. being put in possession as the righteous inheritour of the famous renowned Kingdomes of England France Irland which far surpasse the wealth power force of the dominons of his progenitours Kings of Scotland thereby having a greater increase of care burden with all upon his extraordinary graces most rare excellent vertues where with he was endued for the discharge of that trust Now any man of understanding may see that the increase of his extensive power authority or of personall qualifications is no sufficient ground for the increase of his intensive power or for the enlargeing of the privileges of the crowne Moreover it is said expresly in the act that they ratifie approve perpetually confirme the same as absolutely amply freely in all respects considerations as ever his Maj. or any of his royall progenitours Kings of Scotland in any time by gone possessed used exercised the same Whence it appeareth that they gave no new power only they did recognosce what he his progenitours had before Now as was showne above neither he nor any of his progenitours had such a supremacy over parliaments as is now allaidged to belong unto the crown For as to that first act parl 8. Anno 1584. it was showne above Pag. 125. how notwithstanding of the supremacy there granted unto the King the privileges of Parliament remaine intire as they had been continued past all memory of man without any alteration or diminution whatsomever And after this Anno 1587. in the 11. Parl. act 33. the ancient order dignity
solide peace agreement for the time to come offered to K. Iames. 5. Then unmarried his doughter to make him King of great Britane after his dâ—…ath in the mean time to give him the stile of the Duk of yorke King Iames pleasing these proffers assenteth câ—…descendeth on a day on which he should meet with the King of England accord upon all matters But at the instigation of the popish-popish-Church men other courtiers who were driveing on their own dâ—…signe he breakeh his promise with the King of England And when Anno 1540. Ambassadours were sent againe from England to desire that the King would goe to York there treat with the King of England conforme to the last agreement The priests stood in the way here also with which the King of England was offended resolved to raise warrs against Scotland The result of which war was that at length the scottish forces were all scattered broken at the report of which defeate the King was so grieved vexed that within few dayes he died Againe when King Iames 5. Dieth the King of England communeth with the Scottish prisoners whom he had taken at the last battell concerning the marrying of his sone with the young Queen King Iames his doughter when they promised to do what they could without wronging either the publick good or their own credite he sent them home appoynting them to leave some pledges in their room at New castle This was in the end of the year 1542. when the Parl. conveened in March next the businesse was concluded thereafter the contract was signed by both Kingdoms solemnely subscribed in the abbay of Halirood house the sacrament was broken as the forme was betwixt the Governour of Scotland Mr Sadler Ambassadour from England But the old Queen the Cardinall being against the match stirre up all to a breach perswade those who had been prisoners in England not to return thither to relieve their pledges only the Earle of Cassiles from whose constancy faithfulnesse the Earle who now is is not degenerated but as his predecessour was sole in keeping Covenant so is he singular went according to his promise relieved his owne pledges being approven by Henry for his constancie faithfulnesse was freely set at liberty sent home But what followed upon this breach of Covenant Many sad intestine broiles and commotions tending to the weakening breaking of the Kingdom at length King Henry took occasion to avenge this breach of Covenant sent his Navy towards Scotland landing ten thousand men at Leth who did burne Edinb many places thereabout againe his army did enter the borders waste burne all about Kelso jedburgh thereafter they spoile waste all the Mers Teviotdale Lauderdale some yeers thereafter viz. Anno 1547. He sendeth a great army againe into Scotland when it lay about Pinckie there was a letter sent unto the scottish forces shewing the ground of the war not to be avarice hatred or envy but a desire of a firme â—…asting peace which could not otherwise be had then by the marriage which was proposed assented unto by the Estates an agreement thereupon sworne subscribed But the scottish army would not hear of this but resolve on battell at length were overcome suffered great lose For almost all the young nobleman of Scotland with their friends followers were killed This 10. of Septemb. 1547. may yet preach unto Scotland how God will avenge perfidy all the nobles and others of Scotland who have now broken Covenant may remember pinckie field The french History sheweth us what way the Lord avenged the bloody perfidiousnesse of Charles 9. who had broken five or six severall pacifications conclusions of peace solemnely made ratified betwixt him the protestants For he was smitten with a vehement desease causeing him to wallow in his own blood which he vomited out in great abundance by all the conduits of his body for divers houres till he died And how Henry the 3. Who had been perfidious in breaking the articles of peace concluded with the protestants first about the year 1576. where among other things he avowed by solemne declaration that the Massacre committed Anno 1572. was against all right law of armes then againe An. 1580. Was stabbed in the belly with a knife by Iames Clement a Iacobin Friar in the very chamber where the former King contrived that Barbarous massacre on S. Bartholomew's day Anno 1572. Any who is well versed in History may fill up many pages with such sad lamentable Histories concerning Gods avengeing Covenant breaking these which have been mentioned may suffice for a taste SECTION XXII The solemne league Covenant vindicated And the author of the seasonable case caet Answered THe last thing which remaineth is to shew the vanity of their pretensions who plead the nullity or non obligation of those Covenants It is matter both of admiration of grief sorrow that there should be any found within the Church of Scotland who had so far forgotten themselves as now to turn not only enemies to piety Christianity but enemies also to very humanity not only break Covenant-tyes themselves but also teach others to do the fame that without any fear of punishment either from God or man But God who is Jealous will not be mocked let men dream of exemption as they please by sophisticall chifts think to blinde their owne eyes the eyes of others God who will not hold them guilt lesse that take his name in vaine will no doubt by sad answers from heaven discover the impiety folly of these patrons of prophanity inhumanity Severall in the Kingdom of Engl. have vented their skill in that blake art of looseing the bonds of sacred Covenants But their principles tending to all prophanity have been sufficiently discovered answered by Ms Crofton Timorcus there is one in Scotland who in a late pamphlet intituled The seasonable case of submission to the Church Government c. tryeth how far his skill will reach in this art O how fitly may that of Plautus be applyed to this generation Nostra â—…t as non mulâ—…um fidei gâ—…rst Tabulaeotaniâ—…r adsunt 〈◊〉 dâ—…odecim Tempus â—…cumque sâ—…bit actuarius Tamen invenâ—…r Rhâ—…r qui factum negat But who the author is who can tell For though the pamphlet be published by orderâ—… so countenanced by authority Yet he putteth not to his name being as would appear ashamed to patronize such a bad cause least of all can he be known by the description he giveth of himself in the frontispiece 〈◊〉 lover of the peace of this Church Kingdom unlesse he meane such a peace as is the plague of God upon the heart filling it with senslesnesse stupidity lulling it asleep in his iust judgment
the office of Episcopacy pressing the Church with Innovations Particularly Mr Spotiswood for open ordinary prophanation of the sabbath drinking over late in taverns venting atrocious slanders interlining changeing the Acts of the Assembly at Aberdeen facrilege Simonie conniving at Heterodoxies Mr Linsday of Glasgow for oppressing of the Consciences of the Ministers in his Dioecy extorting money from some ministers withholding stipends from others oppressing his Vassals and forceing Probationers to swear some idle vaine oaths which he had invented Mr Lindsay of Edenburgh for admitting none to the ministry but such as would first take upon them the order of Deacons for bowing at the Altar useing the Rotchet other Masse-cloths in time of divine service consecrating Temples useing the Rite of Elevation at the Celebration of the Lords Supper conniving at Heterodoxies maintaining the Ubiquity of Christs body Mr Sideserf of Galloway for open ordinary prophaneing of the Lords day exercing tyranny in his Dioecy conversing with Excommunicated papists defending all the Arminlan many popish opinions Mr Maxwell for kneeling before the Altar wearing popish garments playing at Cards Dice on the Lords day even when the Sacrament had been given oppressing his vassalls keeping friday fasts defending all Arminian many of the most grosse Popish opinions Mr Whitefoord for such flagitious crimes as were notour to all So do they depose Excommunicate Mr Ballantine of Aberdeen VVedderburne of Dumblane for the generall crimes particularly Mr Ballantine for Simony for suspending Ministers because they keeped a fast on the Lords day dedicating a Chappell freeing Papists suspected of Incest from Church censures turning such an Apostate after he had appeared once so zealous for the truth Mr VVedderburne for concurring with Mr Maxwell in drawing up the book of Canons swearing profancing the Lords day commending Arminianisme many points of Popery So do they depose Mr Lindsay of Dunkell Mr Abernethy of Cathnes Mr Guthry of Murray Mr Grahame of Orknay Mr Fairly of Argile Mr Campbell of the Isles as for the generall crimes common to all so in particular Mr Lindsay for Simony Mr Abernethy for Simonie Mr Guthry for being the first who did put on the Surplice in Edenburgh Anno 1633. professing he would be yet more vile to please the King Mr Grahame for profancing the Lords day sacrilege conniving at adultery Mr Fairly for oppressing Intrants with new oaths profancing the Lords day defending the Arminian opinions Thus are those enemies to Church State after they had oppressed tyrannized over that poor Church for a long time wonderfully brought under her feet So let all thine Enemies perish o Lord. And now being filled with rage they all except some few who had acknowledged their wronge run to Court stir up his Maj. to make warr against Scotland accordingly warr is concluded both by Sea Land free tradeing is taken away the Scottish nobility at court are made to abjure the Nationall Covenant the Assembly at Glasgow The English Nobility with all their forces are commanded to meet the king at Yorke April 10. 1639. When the Covenanters see this preparation they emit 〈◊〉 Declaration shewing that Religion was their onely worke Conscience their onely Motive Reformation their Scope that they intended no harme to his Maj. nor did they intend to invade England whatever their malicious enemies did say to the contrary that all this was brought about by the means of some proud perverse Popishly affected Prelats But this Declaration was suppressed in England so that they might not know the true State of affairs and there is a contrary Declaration emitted stileing the Covenanters seditious rebells the like which was read in all the Churches of England Withall the Covenanters learne that the Earle of Huntly is made governour of the north that they are all declared Rebells in England that Berwick Carlile frontier cities were strongly garrisoned that the Earle of Arundale is made Generall that the King was to Rendevouz at York That Huntly had already four or five thousand in armes That Aberdeen was fortifying it self to take in the Kings navy That the Papists in the South were ready to rise with the Marquis of Douglas Lord Harris that the Deputy of Irland intended to Hand some men in the west And therefore after fasting prayer they resolved being in a sort the whole body of the Land the Nobility Gentry Burgesses Commons Magistrats of all sorts in City country to put themselves in a posture of defence to strengthen themselves against Invasion the best way they could to suppresse the enemies within their own bosome Wherein the Lord blessed them so as their enemies both in the North South were compesced with all they did emit a Declaration vindicating themselves their actions from all the aspersions of their enemies answering his Maj. Declaration read in the Churches of England that they might undeceive those of England May 1639. The Kings Navy cometh to Scotland with some thousands of men much provision The Covenanters send a supplication to his Maj. but in vaine for nothing is intended but fire sword The King approacheth their borders with an army the two armies are near to joyne in battell But God was pleased to prevent the shedding of bloud by moving the King to a Pacification wherein the King promiseth declareth that all causes Ecclesiasticall should be determined by Church Assemblies and that there should be a Generall Assembly every year once and that civill matters should be determined by Parliaments That there should be an Assembly held at Edenburgh the 12. of August next and a Parliament thereafter to ratify the Acts of the Assembly Whereupon the Scotish forces are disbanded the Castles are surrendred now the whole land looketh for nothing but peace The Assembly is opened up August 1639. the Earle of Traquair is present as his Maj. Commissioner all these things which were before concluded in the assembly of Glasgow are established his Maj. Commissioner assenting The Covenant was approved in all its heads clauses was subscribed both by Traquair his Maj. Commissioner by the Privy Councell according to a petition of the assembly unto the Secret Councell there is an act of Councell ordaining all in all time comeing to subscribe the Covenant according to the Generall assemblies declaration dated August 30 1639. Now according to the Pacification it was expected that these acts should have had the civill Sanction of the parliament which was to sit down the next day after the assembly was dissolved viz August 31. But before any thing was done by the Parliament to this effect it is commanded to dissolve Decemb. 18. under the paine of treason so the Parliament is prorogued unto the 2 of Jun. 1640. The Parliament for peace resolve to obey but because they had never been adjourned
the advice of the Estates of parliament be furnished used for the kingdome 3. That all Scottish men within England Irland shall be free from censure for subscribing the Covenant shall be no more pressed with oaths subscriptions unwarranted by their lawes contrary to their Nationall oath Covenant approved by his Maj. 4. That all his Maj. Courts of Justice shall be free open to all men parliaments of the respective kingdoms may try and judge Incendiaries and that he will employ none in his service without consent of parliament 5. That their ships and goods and all dammage shall be restored 6. That the summe of three hundreth thousand pound sterline should be given to them for their losses 7. That all Declarations proclamations acts books libells and pamphlets that have been made published against the loyalty dutiefulness of his Maj. subjects of Scotland should be recalled suppressed and forbidden in England and Irland that their loyalty shall be made known in all the parish Churches of his Maj. Dominions 8. That the garrisons of Berwick Carlile be removed As also there is an act of pacification oblivion aggreed upon out of which the Scottish prelats are excepted as also Traquair Sr Robert Spotiswood Sr Iohn Hay Mr Walter Balcanquell who were cited pursued as Incendiaries In which act his Majesty declareth that the ensueing Parliament of Scotland shall have full free power as the nature of a free parliament of that kingdom doth import to ratify confirme the Treaty Thus at length were these officers which Christ had never appointed cast out of Gods house where they had formerly caused so much desolation layd the vineyaird of the Lord waste as a wilderness both by Church State The King all ranks of People consenting thereunto For which God who is wonderfull in Counsell excellent in working ought to be acknowledged for ever exalted Seing he raised up such as were brought low brought down these who had set their nests on high whose wayes had been alwayes grievous who said in their hearts they should never be moved God hath forgotten he hideth his face he will never see it Now God arose lifted up his hand did not forget the humble he did behold mischief spite to require it did breake the arme of the wicked The memory of which should be still fresh with refreshing unto all the people of God ground of hope that he who did then make the names of these Prelats to â—…ot to stinke in the noâ—…rils both of Church State can will againe pursue his controversy against these who now dare be so bold as to attempt what they have attempted after that the Lord hath put such notes of disgrace infamy upon their predecessours While the Parliament of England is sitting there are severall complaints given in against the Earle of Strafford Deputy of Irland the Archbishop of Canterbury both being sound guilty of points of High Treason are condemned to die Severall Courts of Judicatory are abridged in their power the High Commission Court is taken away and the Starchamber Court the coâ—…ive power of Prelats their Courts The Prelats are ejected from the House of Peers Bils are presented to his Maj. for the punishment of the scandalous Clergy for the abolition of Episcopacy the calling of an Assembly At length there is a civill war begun between the King the Parliament occasioned through his Maj. withdrawing from his Houses of Parliament North towards Hull The warr is continued In the mean time the Parliament calleth together an Assembly of Divines to consult about matters of Religion Church-governement so carry on the begun work of Reformation And Anno 1643. They appoint Iohn Earle of Rutland Sir William Armin Baronet Sir Henry Vane Iunior Knights Thomas Hatcher Henry Darley Esquires with Mr Stephen Marshall Mr Philip Nye members of the Assembly of Divines their Commissioners to repear unto the kingdom States of Scotland to the Generall assembly there their Commissioners to propone consult with them in all occasions which may furder the so much desired work of Reformation in ecclesiastical matters a nearer conjunction betwixt both Churches Accordingly these Commissioners came presented their propositions a Declaration of the Lords and Commons in Parliament unto the Generall assembly Aug. 10. 1643. So is there a letter sent from some brethren of the ministry in the Church of England subscribed by very many hands showing how low that poor Church was now brought being ready to be swallowed up by Satan his Instruments that the Protestant Religion was in great hazard desiring very affectionately their aide help August 15. those Commissioners presente some propositions to the Assembly which they had a little before August 12. presented unto the honorable Convention of Estates desiring that because the Popish Prelaticall faction is still pursueing their designe of corrupting altering the Religion through the whole Iland the two Nations might be strictly united for their mutuall defence against the Papists Prelaticall Faction their adherents in both Kingdoms not to lay down armes till those their implacable enemies be disarmed subjected to the authority justice of Parliament in both Kingdoms respectively And that the two Kingdoms might be brought into a near conjunction into one forme of Church governement one Directory for worship one Catechisme c. the foundation laid of the utter extirpation of Popery Prelacy out of both Kingdoms The most effectuall ready means whereunto is now conceived to be That both Nations enter into a strict Union League according to the desire of both Houses of Parliament that for prosecuting the Ends of that Union against the Papists Prelaticall faction Malignants now in armes in the kingdom of England their brethren of Scotland would raise a considerable force of horse foot for their aide assistance For which Ends there are Committees appointed by the convention of Estates the Gen. assembly to meet with the commissioners of the parliament of England by whom the forme of the League Covenant is aggreed unto resolved upon Which draught Aug. 17. 1643. was approven by the Gen. assembly With all their hearts with the beginnings of the feelings of that joy which they did finde in so great measure upon the renovation of the Nationall Covenant of the Kirk kingdom as the most powerfull mean by the blessing of God for setling preserving the true Protestant Religion with perfect peace in his Maj. Dominions and propagating the same to other nations and for establishing his Maj. throne to all ages generations recommended unto the Right Honorable convention of Estates that being examined approved by them it may be sent with all diligence to the Kingdome of England that being received
this Kingdome to have the sole choice appoyntment of the officers of state privy councellours the Lords of the Session That the power of calling holding and dissolving of Parliaments all conventions meetings of the estates doth solely reside in the Kings Maj. his haires successours that as no Parliament can be lawfully keeped without speciall warrand presence of the Kings Maj. or his commissioner so no Acts nor statutes to be past in any Parliament can be binding on the people or have the authority force of lawes without the speciall approbation of his Maj or his commissioner interponed thereto at the making thereof that the power of armes making of peace warre making of treatjes leagues with forraigne princes or states or at home by the subjects among themselves doth propperly reside in the Kings Maj. his heirs successours is their undowbted right theirs alone that it is higâ—… treason in the subjects of this Kingdome or any number of them upon what soever ground to rise or continue in armes to maintaine any forts garisons or strengths to make peace or warre or to make any treaties or leagues with forraigners or among themselves without his Maj. authority first interponed thereto That it is unlawfull to the subjects of whatsoever quality or function to convocat convcen or assemble themselves for holding of Councells conventions assemblies to treat consult determine in any matters of state civill or ecclesiasticke except in the ordinary judgments or to make leagues or bonds upon whatsoever colour or pretence without his Maj. speciall consent approbation had thereunto That the league covenant and all treaties following there upon Acts or deeds that do or may relate thereunto are not obligatory that none of his Maj. subjects should presume upon any pretext of any authority whatsoever to require the renewing or swearing of the said league Covenant or of any other Covenants or publick oaths concerning the government of the Church Kingdome and that none offer to renew or swear the same without his Maj. speciall warrand and approbation This acknowledgment doth sufficiently clear what that supremacy in civil matters is which they grant unto the King as his due which by this oath they would have all to acknowledge also So that there is no great difficulty to clear the grounds ofscrupleing at this oath even upon this account to shew that such as have refuised the same cannot be accounted disloyall for all indifferent persones will see that there both was and is good ground to scruple at this oath thuâ—… sensed by this act if they shall consider these ten Particulars following 1. The Parliaments of Scotland from the beginning have been partakers fellowshareis of supremacy with the King the Kings of Scotland never were the sole subjects thereof as appeareth by their appending of their own seal with distinct from the King 's great seal in treaties with forraigne princes in some important acts sentences at home of which there is one instance yet on recoâ—…d in the acts of Parliament viz act 112. Parl. 14. King â—…am 3. 2. The Parliaments of Scotland have had the power of setling the governement for they did willingly sweaâ—… to Fergus and his posterity and when he died left two young sones â—…erlegus Mainus both unfit for governement they resolved upon a new course That neither a childe should governe nor yet their oath which they made to Fergus be brocken which was this That when the Kings children were young at their fathers decease some other of the posterity of â—…ergus fit for governing should be chosen who should rule the Kingdom all his dayes which law continued 1025. years untill the reigne of Kenneth the 3. and accordingly when Fergusius died they choosed Ferâ—…haris when â—…erlegus came to age he desired to be put in possession of the Kingdome but it was refuâ—…sed so long as Feritharis lived And when Cotbâ—…edus died they passed by his sone Câ—…tbred made choice of Dardaâ—…us the grand childe of Metellan thus did they alwayes unto the dayes of Kenneth the 3. Epropinquis sayeth Buchanan in vita 〈◊〉 Regum defunctorum non proximos sed maxime idoneos modo a Fergusio primo Scotorumrege essent oriundi eligere consueverant And who but they did condescend to that law at length that the Kings eldest son should be called prince should succeed if the son died before the father then the grand childe should succeed unto the grand father that if the King died leaving a young childe to be heire of the crowne a regent should be chose to mannage the affairs of the Kingdome dureing his minority till he were 14. years of age at which time he might choise his curatours was there ever any such thing concluded without the Parliaments consent 3. The Parliaments of Scotland have had a great share of the legislative power Therefore the lawes are stiled the acts of Parliament not the acts of the King they are said to be enacted by the Estates of Parliament So do the many explicatory acts witnesse that they share in the supreme power of interpreting the lawes of the land which demonstrateth their legislative power and both these are no small part of supremacy 4. In the time of Finnanus the 10 King there was a law made Ne quidreges quod majoris esset momenti nisi de publici coucilij authoritate juberent that Kings should command nothing in matters of any moment but according to the authority and command of Parliament And so when Milcolumbus the 92. King was giving away for peace with England Northum Berland the Estates were against it denying jus esse regi quicquam de sinibus regni detrahere nisi omnibus ordinibus consentientibus That the King had any power to give away any part of his dominions without the consent of all the Estates of Parliament 5. The Parliaments of Scotland have regulated the actions of princes have censured punished them for enormities let the lives of Thereus Durstus Ethus Luctatus Mogaldus Conarus Constantin Ferchardus 1. Ferchardus 2. Eugenius Donaldus 8. Culenus others recorded by Buchanan in his chronicles be seen considered the power of the Parliaments of Scotland over their princes will casily appear So at that Parliament in which King Iames the 6. was created King the Earle of Murray setled in the regency it was debated what course should be taken with the Queen concerning whose accesse unto her husbands death there were such shreud toakens And some voted that justice should be executed upon her and others that she should only be keeped in prisone see Buchan lib. 19. 6. The Parliaments of Scotland have had expresse power in some cases to withstand resist even by armes the King if he should break treaties of peace made concluded by him them with forraigne princes
states as is yet to be seen extant in the records of their old treaties of peace with England and France 7. The Estates of Scotland wrote unto the Queen An. 1559. Oct. 23. thus Ex literis tuis ac mandatis c. Buch lib. 16. that is By your letters mandats sent us by a herald we understand how obstinatly you are set against piety towards God and the publick good of our nation the common liberty of all But that we may according to our duty defend all these We in â—…e name of our Kings do suspend prohibite all that publicke admininistration titles and superiorites which you take upon you being certanely persuaded that those things which you â—…ow do are contrary to that constant good will which Kings have carryed towards the welfare of this Kingdome And as you do 〈◊〉 loâ—…k upon us as lawfull subjects of this Kingdome and as a laâ—…full Parliament So nor do we look upon you as regent or as exerâ—…ing any publick Magistracy Especially seing your pâ—…wer if there be any such committed unto you is upon good weigâ—…ty reasons suspended by us in the name of the Kings of this realme So Anno 1567. they put the queen regent mother to King Iames from her regency which deed of theirs is fully vindicated by the earle of Morâ—…on in his discourse to the Queen of England a part whereof out of Buch Lib. 20. because usefull both for clearing of this particular some others before mentioned shall be here transcribed Primum Factum ipsum c. As for the deed it self of punishing Kings or queens The ancient custome of our predecessours will not suffer it to be accounted new for it were not necessary to enumerat how many Kings have been punished by death â—…onds exile by our nobles far lesse were it necessary to confirme this deed of ours by forraigne examples seing there are so many so obvious in ancient histories But now the nation of the Scots have been a free nation from the begining have made Kings to themselves upon these conditions that when necessity required they might dethrone them of which there are many footsteps remaineing fresh unto this day for in the isles about in many places of the continent in which the old language lawes had any abode this custome is followed in the chooseing of their governours to this day And the ceremonies used at the coronation of Kings do clearly demonstrat that the government is nothing else but a mutuall stipulation betuixt King subjects as also the constant tenor of the ancient law by which Kings were inaugurated which remaineth unchanged in the least to this day yea while so many of our Kings have been banished imprisoned or more severely punished there was never one motion made of relaxing the rigour of the law what wonder seing it was not of the nature of those lawes that change with tht time but of those which are fixed in the heart of man by nature consented unto by all nations which being subject to no other lawes do command rule all so that whether we will or not they are before our eyes what ever we be doing stick in our heart This law did our predecessours follow being alwayes armed against violence ready to suppresse tyrants But that I may passe in silence the famous cities of Athens Lacedaemon Rome Venice which keeped this law so long as they keeped their liberty Yea even then when Rome was under tyrants if any good man became emperour he did account it his glory to acknowledg himself inferiour to the people subject to the lawes for when Trajanus gave a sword according to the custome unto the praefectus urbis he said use it for me or against me as I shall deserve and Theodosius a good emperour in these worst times would leave this noble saying among the lawes that he confessed he was under the lawes Neither was this law unknown to barbarous nations as all histories testify But lest I should be thought to gather together examples now out of use I shall onely make mention of two later the one is of Christieris the King of the Dennes who for his intollerable cruelty was put from the Kingdome he all his posterity which is a sadder punishment then ever was inflicted by any of our progenitours what did the mother of Charles the 5 that made her deserve perpetuall imprisonment now what did we but following the examples of so many nations Kingdomes suppresse tyranny which swelled above all law not indeed so severely as our predecessours did in like cases for had we followed their example we had been farr from not onely the fear of danger but also here calumnies Thus he much more is added to this purpose there More over this same Queen regent was told by the Earle of Ruthven that same night that David Rizio was killed as Buch reporteth lib. 17. That the government of the Kings of Scotland was alwayes very lawfull that it was exerted not after the lisst pleasure of any one man but according to the lawes by the consent of the nobles and if any King did otherwayes he suffered accordingly and now Scottish men are not so farr degenerated from the institutions of their predecessours as to suffer the tyranny and slavery of one who is a stranger and whom they look not upon as deserving any honest service 8. Yea in the 8 Parliament of King Iames 6. Act. 2. the honour authority of the Supreme court of Parliament continowed past all memory of men is ratified there it is said That by the court of Parliament under God the Kingdome hath been upholden rebellious and traiterous subjects punished the good and faithfull preserved and maintained and the lawes and acts of Parliament by which all good men are governed are made and established and therefore they statute and ordaine that none take up on hand to impugne the dignity and authority of the estates or to seek or procure the innavation or diminution of their power or authority under the paine of treason It is true that in the preceeding Act they confirme the Kings Royall power and authority over all estates as well spiritual as temporal And therefore their maintaining of the power and privilege of Parliaments is the more remarkable And by the two Acts compared togetheâ—… it is aboundantly clear that the authority mentioned in the first Act of that Parliament which is granted to the king is not over the Estates of Parliament but over private persones whether civill or ecclesiastick And so it is but a granting of him to be singulis major which will easily be granted And this will be more clear if it be considered what occasioned that Act at that time As was shown above in the first Section the Lord was stirring up his servants to act something for the setling of the government of the Church which occasioned the
warrand Scotland their joyning with England against the common enemy Yea nature hath taught heathens to prevent their own ruine destruction by joyneing their forces with other nieghbours against one who designed nothing but the promoteing of his Empire Thus the Romans warred against Philip left Greece being subdued he should make warre against them Thus the Lacedamoniam warred against the Olyâ—…hii diverse other instances might be given 3. Scotland England used to joyne together before to enter in a league with other princes for the defence of the protestant religion as Anno 1586. againe 1587. 1588. they draw up a league among themselves But it will be replyed that this was with the consent of the supreme Magistrat Ans. True but the want of this consent will not make such aideing and supplying unlawfull so long as the law of nature is to the fore obligeing every man to defend his neighbour and are not Scotland England near nieghbours being in one Island under one King Neither did they waite for the consent of Scotlands supreme Magistrat when they helped them first against the French next against a faction of papists within their own bosome and therefore Scotland should not now waite for the consent of England's King when they were to help them against a popish and prelaticall faction Nor needed Scotland waite for the consent of their own supreme Magistrat because as the law of nature doth oblige every one to defend himself by force of armes against an army of bloody enemies though the King should not consent as shall be showne hereafter so the law of nature will warrand any to defend their brother though the King should not consent especially seing therby they are but defending themselves against such an enemy as would next fall on them 4. The law of God will warrand this communion of saints Prov. 24 11 12. the commendable practice of those who helped David 1. Chron 12 18. 1. Sam. 22 2. Seventhly nor was there ground for condemning the lands renewing of the nationall Covenant Anno 1638. 1639. Because 1. There is no absolute necessitie for asking obtaineing the Kings consent to the same as if a Kingdom once sworne obliged in covenant with God might not renew the same obligation as oft as they thought fit There is no such necessity of having his Maj. expresse consent approbation either to the first making or to the renewing of the same with God as shall be more fully showne hereafter There is no law of God for this 2. Nor is there any municipall law inhibiteing the renewing of that covenant Yea that warrand by which all the land took it at the first viz the King 's his councell's command to Ministers to put their parishoners to take it severall acts of Generall Assemblies stand still in force accordingly in each universitie the Covenant was renewed yearly 3. Moreover the Generall Assembly Anno 1639. enjoyned by ecclesiastical authority the subscription of the same the Assembly presented a supplication unto the privie Councell desireing their ordinance for the subscription of the same by all the subjects of the Kingdome this was granted Agust 30. Anno 1640. the parliament by their act 5. did ratifie the act of the Generall Assembly their supplication the act of Councill thereupon which act of Parliament was approved by the King in the large treaty thereafter by his personall presence at the next session of Parliament where all was ratified So that this deed of renewing the Nationall Covenant wanted nothing either in poynt of law or conscience to make it lawfull therefore it had been unlawfull to have taken such an oath as would have imported the condemning of that deed Eightly nor was there ground for condemning the Church Assemblies at which the King's commissioner was not present or which wanted his speciall approbation 1. Because there is no warrand in the word of God clearing this necessity but much to the contrary 2 No munipiall law of the land is against such meetings because the act 1584. Was taken away rescinded anno 1592. since that time there is no lawanulling all Assemblies which want his Maj. approbation consent 3. It was never either the profession or the practice of that Church as is clear by what is said Sect. 1. It will be a fitter place to speak to this when the ecclesiasticke part of the oath is spoken to which shall be done Sect. 12. SECTION XI The former purpose further prosecuted the lawfulness of Scotlands defensive warre demonstrated THere are other two Particulars or rather one for they are much to one purpose which virtually would have been condemned by the taking of this oath thus explained as to its civill part viz Scotland their riseing in armes in their owne defence against the King's armies of papists malignants their seizing on the castles which within their owne bosome were threatening their ruine when garisoned with adversaries These must now be spoken to and so Ninthly There is no ground to condemne that defensive warre Though much hath been said by court parasites others who were ambitious of gaine preferment to exaggerat aggraige that supposed crime thereby to make them their cause odious to all the World yet rationall indifferent persones will after serious pondering of a few particulars forbear to passe any rash sentence Much hath been already said in the defence of that bussinesse by the author of Lex Rex more then ever could or will be answered And therefore that book behoved to be answered by a fiery fagot by Mr Prins soveraigne power of Parliaments c. a book published by authority of Parliament never answered to this day And therefore there will not be a necessity of insisting much on it here only a short hint at some particulars will suffice 1. In point of conscience it will be hard to prove that the power of warre resideth only in the King that he only beareth the sword For 1. Rom. 13. The sword is given to all Magistrats for the Apostle there speaketh of heigher powers indefinitely in the plurall number without specifying any kinde it is certaine Rome had not two or moâ—… Kings at once And if the Apostle had intended only Nero he would have designed him in the singular number He speaketh of powers that are of God are ordained of God this agreeth to Inferiour Magistrats who are God's Deputies judge for him as well as others 2 Chron 19 v. 6 7. Deut. 1 v. 16. Numb 11 16 17. He speaketh of Rulers this name agreeth to inferiour Magistrats as may be seen Exod. 18 v. 21 22 25 26. 16 22. 34 31. 2 King 10 1. 1 Chron. 12 v. 14. 26 32. He speaketh of such as must not be resisted but subjected unto Peter sheweth who these are 1 Peter 2 v. 13 14. even
which the tenderers thereof do put upon it must be searched sought for out of their acts for though it could have been wished both reason religion would have required it that after the example of Abraham they had made the oath as plaine easie as might be so that the sense meaning of it had been obvious to all or had annexed such a glosse meaneing as the words in ordinary construction would bear tender Christians might saifly assent unto yet there was no such thing done yea not being desired to do it would they do it yea nor would they suffer any to enquire at them in what sense they would have the oath taken yea which is more they made an act dischargeing all to offer any sense of the oath under the paine of treason So that there is no way now left to finde out the meaning of the oath as to this part but by their acts actings which when considered together with some other things usefull in this bussinesse will help to cleare the true sense thereof Three things then must be spoken to 1. The rise progresse of this bussinesse which is imported by this part of the oath viz the Kings supremacy over persons ecclesiastick in ecclesiastick causes in England 2. The rise progresse of it in Scotland 3. Some acts deeds of the King Parliament who now tender it As to the first of these It is notour enough what King Henry the Eight did when upon some privat discontents he shook off the Pop's supremacy Anno 1530. for having caught the Clergy in a Premunire for countenanceing some way or other the Pop's legat he would not be satisfied with their payment of 100000. lib unlesse also they would acknowledge him for the supreme head of the Church on earth which after some debate in their Synod both in the upper lower house of convocation was condescended to in forme as followeth cujus c. of which Church viz the Church of England we recognosce his Maj. to be the singular protectour the only supreme Lord so far as Christ's lawes will permitt the supreme head This was subscribed unto by all put into their publicke acts or instruments presented to the King afterward Parl. 24. c. 12. upon this ground it was statuted ordained that all ecclesiasticall suites controversies should be determined within the Kingdom all appeals to Rome were prohibited and Parl. 25. c. 20. The manner of electing of Archbishops Bishops was altered that power given granted to the King and upon this same foundation Parl. 26. c. 1. it was declared that the King is supreme head of the Church of England that he should have all honours preheminences which were annexed unto that title after this there followed another act c. 3. for Tenths first fruits as appertaineing to that head-shipe supreme authority Hence also Anno 1532. The convocation submitting unto the King's Maj. promiseth in verbo sacerdotis That they would never from thence forth presume to attempt allaidge clame or put in ure enact promulge or execute any new canons constitutions ordinances provinciall or others or by whatsoever name they shall be called in the convocation unlesse the Kings most royall assent may to them be had to make promulge execute the same that his Maj. do give his most royall assent authority in that behalfe Which deed of theirs the Parliament did shortly thereafter ratifie in these termes That none of the said clergy from thence forth should presume to allaidge clame or put in ure any constitutions or ordinances provinciall or synodall or any other canons nor should enact promulge or execute any such canons constitutions or ordinances by whatsoever name or names they may be called in their convocations in time coming which alwayes shall be assembled by the Kings write unlesse the same clergy may have the kings most royall assent license to make promulge execute such canons constitutions ordinances provinicall synodall upon paine of evry one of the said clergy doing the contrary to this act thereof convicted to suffer imprisonment and make fine at the king's will 25. Parl. c. 19. So Parl. 35. c. 1. There was another oath devised ratified which was to be imposed upon the subject for the more clear asserting of the King's supremacy By these Particulars any may see that Peter Martyr had good ground to say as he doth on 1. Sam. 8. That King Henry took all that power to himself which the Pope challenged atque hoâ—… fortasse est quod Rex Angliae voluit se secundum Christum appellari caput ecclesiae putavit enim campâ—…testatem quam sibi Papa usur paverat suamesse in reguo suo ad se pertinere i. e he would there fore be called head of the Church next under Christ because he thought that all that power which the Pope did usurpe did belong to him within his own dominions and he had good ground to say that it was a proud title which gave much offence unto the godly Nor was it without reason that judicious Calvin did inveigh so much against that title in his commentary on Amos 7. saying qui juitio tantopere etc. i e. They who at the first did so much extoll Henry king of England were no doubt inconsider as men they gave unto him the supreme power over all and this did alwayes wound me They were blasphemous when they called him supreme head of the Church under Christ. So that Peter Heylyn must not be beleeved when he telleth the world in his discourse of the reformation of the Church of England pag. 13. That thâ—…se statuts which concerne the kings supremacy are not introductory of any new right that was not in the crown before but only declaratory of an old againe pag. 48. 49. That when the supremacy was recognized by the Clergy in their convocation to king Henry 8. It was only the restoreing of him to his propper and originall power invaded by the popes of these later ages for that title of supreme head not only seemed to have some what in it of an innovation as himself is forced to acknowledge in the following words but really had an innovation in it of no small consequence as shall appeare But this title of supreme head gave offence both at home abroad therefore Queen Elizabeth did change it into this of supreme governour over all persons as well in all causes ecclesiastick as civill in these tearms it was keeped is to this day But all this change did not much help the matter for many were offended even there at and what wonder seing it seemed to attribute to her Maj. no lesse spirituall jurisdiction power then what the former oath did importe Whereupon the Queen in the first year of her reigne after the Parliament had condescended on the forementioned oath published an
not put to take that acknowledgement they could not refuse the oath upon the account of these consequences contained in the acknowledgement Ans. So is the Declaration dated Sep. 2 1662. Set down as distinct from the Acknowledgement yet who ever sweareth subscribeth the Acknowledgement doth sweare subscribe the Declaration upon the matter so is it here who ever taketh the oath of alleagiance doth upon the matter take the acknowledgem also for it is not possible to see any discrepancy betwixt them save such as is betwixt the text the commentary for the acknowledgm is nothing else upon the matter then an explication or Exegesis of the oath in the acknowledgem the same thing is said assirmed in plaine full clear tearmes which is but in generall affirmed in the oath By their Acts they declare what things they account privileges of the crowne all these they comprehend under his supremacy so in their account his supremacy over all persons the prerogatives royall or privileges of the crowne are all one Therefore they could not acknowledge this supremacy because they could not acknowledge the prerogatives royall See this objection further answered above Pag. 168. In the next place there are objections of another nature which must be answered as 1. Obj. Such as refuse this oath of alleagiance declare that they are not dutyfull loyall subjects which Ministers Christians ought not to do Ans. It hath been showne at the beginning of the tenth Section what difference there is betwixt this oath the oath of alleagaince there is no Minister or Christian who would scruple at the taking of the pure oath of alleagiance Yea they would account themselves obliged to take the same if there were any necessity or just suspition of disloyalty in them which might occasion the same King Iames in his book called God the King sheweth that those treacherous persones who occasioned the frameing of the oath of alleagiance were the Pope's bloody emissaries following the principles of Rome practiseing unparalleled treacherie against King Queen Parliament among whom none will have the fore head to reckon such as did now refuse the oath as it was tendered It is the supremacy in Church state which only was scrupled at the acknowledging of this supremacy is no part of alleagiance for one may acknowledge his father to be his father though he should not say that he hath power as a father over his soul conscience one may acknowledge the King of Britane lawfull King of his dominions though he should not acknowledge him to have as much dominion power over them as the great Turk usurpeth over his dominions And therefore letnone so interpret that passage of the Apology for the ministers of England pag. 2. Where they prove that they cannot be challenged as guilty of Laese Majestie because they acknowledge that the King is defender of the faith in all causes the supreme head Governour over all persons as well ecclesiastik as civil as if they would assert that all in Scotland who do refuse this oath acknowledgement were guilty of Laese Majesty merely upon the account of their refuseing of the oath seing as hath been showne their case the case of Scotland is not every way the same though they give out this as an evidence of their loyalty yet they do not pitch upon it as proprium quarto modo unto a true loyal subject 2. Obj. Will you allow his Maj. no power in Church matters Ans. yes Even all that power which the first confession of the Church of Scotland doth allow viz. tho conservation purgation of religion the maintenance of the true religion the suppressing of idolatry and superstition as also all that which the later confession concluded by the Assembly of divines at Westminster doth allow As also as much as sound reformed divines grant unto him according to the word of God He hath power over the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 things extrinsecall that properly belong unto the outward man are common to the Church with other societies He is Custos utâ—…sque tabulae in a civill manner must have a care of both the tables of the law It were tedious here to set down all the particulars See Gillespy in his Aarons rod blossoming lib. 2. cap. 3. the CXI Propositions which are full enough to this purpose 3. Obj. Why then was this oath refused seing no more was required thereby Ans. More yea much more was required as appeareth by what hath been said cleared from their Acts actings especially from their refuseing of the sense given in by these Ministers who were detained so long prisoners in the Tolbooth thereafter banished which was large enough possibly larger then some of these who gave it afterward upon second thoughts would approve It is beyond questioning that this Parliament giveth unto the King by vertue of this prerogative as annexed to the crown far more then ever the confession of faith of that Chuch or any other protestant reformed Church did give And as they give so he taketh more as might be evidenced by his letter unto the Archbishop of York if it were now at hand 4. Obj. But whatever they assume to themselves it is not much matter Seing none 〈◊〉 put to affirme that so much power doth belong unto him the oath tendered hath not so much in it in terminis Ans. When an oath is contrived in such generall comprehensive termes as may take in much when there is no other way to finde out the iust latitude meaning of it but by their Acts actings who tender it it is of much concernment to know what sense their actions will put upon it for by their actions the true sense must be learned For it is a received known principle that oaths must be taken according to their known sense meaning of the words who tender the same because oaths were first invented for their security therefore whosoever would deal honestly Christianly in taking an oath must take it in the very sense that it is understood in by such as tender it Otherwise the holy name of God shall be taken in vaine the takers of the oath shall deal deceitfully in frustrating the end of the oath the designe of the tenderers thereof To take an oath Quatenus Eatenus in fo far will not satisfie as worthie D. Voetius judgeth de Pol. Eccl. p. 283. 5. Obj. This shienesse were good in case the oath as worded could bear such a sense as is supposed to be meaned by the tenderers But it is not so here Ans. It is certane the oath as to the part controverted is conceived in generall termes It is certane that their sense who tender it is not sound it is certane that there is nothing in the oath contradicting their sense meaning Yea it is certane that the very
admonish one another Rom. 15 13. Presse or urge a thing upon the minde of another so instruct them aright as children are instructed this sayeth they must often be together for this end 9. They must teach and admonish one another in psalms and hymnes and spirituall songs Col 3 16. can this be done unlesse they assemble together 7. They must be kinde or profitable one to another Ephes. 4. last this sayeth they must not be strangers to other 8. They must serve one another in love Gal. 5. 13. that is they should spend themselves for one another for their spirituall advantage that in love should they not then assemble together 9. They must receive one another Rom. 15 7. that is receive with affection imbrace one another And must they then scarre at the company of one another And not rather receive other into their intimate fellowship 10. They must be subject one to another Ephes. 5 21. 1 Pet. 5 5. every one ready to give to take reproofs to from another to do service to other as called thereto this sayeth they must not live as strangers to other 11. They must confesse their sinnes to one another and pray for another Iam. 5 16. 12. They must ministere their gifts to one another 1 Pet. 4 v. 10. Obj. It will be objected that this is sedition opposeing of established lawes made for the good of the common wealth against such conventicles therefore such controvâ—…ers cannot be justified Ans. It is not for fear of any disturbance to the peace of the common wealth that such Acts are made for a few women who in all likelihood are able to do little that way may not meet together 2. The heathens did pretend this when they made lawes against the meetings of the primitive Christians And therefore their meetings were called Factions And conventicles And yet the primitive Christians did not forsake the assembling of themselves together notwithstanding of all these edicts albeit that severall times they were put to suffer upon that account seâ—… this fully made out by the learned Mr Stilling fleet in his Origines sacrâ—… Lib. 2 cap. 9. Pag. 316. c. And who then will condemne these Zealous Christians now for so doing SECTION XIX The unlawfulnesse of compeering before the high Commission Court demonstrated TO the end that the forementioned persecution of the saints servants of God might be the better carryed on There is a high commission court erected consisting of the two arch prelats some other prelats of some noble men some Magistrats of brughs some souldiers others And this number or any five of them a prelate being alwayes one of the five have power granted to them from the King who appoynteth them by vertue of his prerogative royall supremacy over all persons in all causes ecclesiastiek as was shown above Sect. 12. To suspend deprive excommunicate as also to punish by fineing consineing committing incarcerating all keepers of conventicles all Ministers who contrare to the lawes acts of Parliament councell remaine or introduce themselves upon the exercise of the function of the Ministery in those parishes bounds inhibited by those acts all preachers who come from England Irland without sufficient testimonialls or leave of the Bishops of their dioceses all such persons who keep meetings fasts at the administration of the sacrament of the Lord's supper which are not approven by authority All who speak preach write or printe to the scandall reproach detriment of the Estate or government of the Church Kingdom as it is now established All who contemne molest injure ministers who are orderly setled All who do not ordinarily attend divine worship administration of the word sacraments performed in their respective parishes by ministers legally authorized for taking the cure of these parishes All such who without any lawfull calling as bussy bodies goe about houses places for corrupting disaffecting people from their alleagiance respect obedience to the lawes And generally without any prejudice to the particulars specified all who expresse their dissaâ—…sfaction to his Maj. authority by contraveening the acts of Parliament Councell in relation to Church affaires etc. This court appeareth terrible unto the godly for the persecution of whom of none else no not the most flagitious prophane it is erected seemeth to be as a new court of inquisition But that which is more lamentable is this That there lyeth hid here a dreadfull snare for tender consciences For it is such a court as tender hearted Christians cannot but scruple to acknowledge or compeer before without a declinature the giving in of which would be accounted laese Majesty therefore in such a case such as resolved to keep a good conscience in this day of tryall defection saw a necessity of withdrawing of not compeering at their summonds even though they might have pleaded them selves innocent of any crime laid to their charge Now if any would desire to know the reasons why such a court cannot in conscience be owned acknowledged or submitted unto as a lawfull judicature let him consider these particulars lay them together he shall see clear reason for either declineing or withdrawing 1. This is a judicature meddling with censures purely ecclesiastick such as suspension deposition of Ministers excommunication both of Ministers people therefore must be acknowledged to be a Church judicature Now there is no warrand for any such Church judicature in all the new testament nor is there any precedent of the like to be found in the Gospell Christians must acknowledge no Church judicature but what hath a speciall warrand from Christ's law testament 2. This is a Church judicature having its rise power commission only from the King the King granteth this power to this Commission authorizeth this court by vertue of his royall prerogative over all persons and in all causes as well ecclesiasticke as civil So that none can acknowledge this court but withall they must acknowledge the Kings prerogative royall supremacy in all causes over all persons particularly they must acknowledge that pure proper church power doth properly reside in the person of the supreme Magistrat that he hath proper power to suspend depose ministers also to excommunicate so hath power to Commiâ—…sionat any of his subjects he thinketh good for that effect But what presbyterian yea what sound protestant who is not devoted to Erasius's Antichristian notions will or can acknowledge this 3. In this judicature civil persons as such viz. the Chancellour Thesaâ—…rer duk Hammilton Marquis of Montrose Earles Lords others who are no Church officers have power in Church matters viz to suspend depose excommunicate But this is against all the Discipline lawes of Christ's house for Christ will have the affaires of his house governed by
to any Councell But what followed upon this perfidious dealing When the report of the execution of Iohn Husse Ierome of prague spreadeth thorow Bohemia there ariseth great tumults which draw to a war under the valient renouned Iohannes Zischa which was so bloody cruell that Sigismund was forced to implore help of the Empire Memorable is that passage in the Turk's historie concerning the Covenant betwixt Vladislaus King of Hungary Amurath for Ten yeers peace the consequences of the breach thereof This Vladislaus was moved by great Kings princes as well Mahumetans as Christians also by Iohn Palaeologus of Constantinople by Francis the Cardinall of florence generall of the Christian fleet who shewed him how low Amurath was brought what faire advantages the Christians had Especially by Iulian the Cardinall who had a long speach to this end pressing him to break that Covenant having ended his discourse in name of the Pope he disannulled the league absolved Vladislus all whom it might concerne Whereupon the war was renewed against the Turks when battell was joyned near to Varna the victory began to incline to the Christians so that Amurath was thinking to flee but was stayed by a privat souldier when he saw the great slaughter of his men beholding the picture of a crucifix in the displayed banner of the Christians he plucked the paper out of his bosome which did containe the late league holding it up in his hand with his eyes cast up to heaven said Behold thou crucified Christ this is the league which thy Christians in thy name made with me Which they have without cause violated Now if thou be a God as they say thou art and as we dreame revenge the wrong now done unto thy name and me and shew thy power upon thy perjurious people who in deeds deny thee their God A little thereafter Vladislaus is killed his head is stuck up upon the poynt of a speare his army is broken Iulian the Cardinall is found mortally wounded by the way side in a desert Scarce the third part of the Christian army escapeth And long after this the warre with the Turks had very ill successe It is reported of Rodolphus duke of Suevia that being instigated by the Pope he waged ware against Henry the 4th Emperour of Germany contrary to his oath having a crown senâ—… to him with this Motto Petradedit Petro Petrus diadema Rodolpho The rock gave 't Peter Peter so On Rodolph doth this crowne bestow But in fight Rodolphus lost his right hand falling sick he called for it said â—…ehold this my right haâ—…d which hath suffered a just judgment which through your Importunity contrary to all equity broke that oath which was given to Henry my Lord and master Fuller in his history of the holy war speaking of the causes of the many losses which the Christians had in that undertaking sayeth How could saiftie it self save this people 〈◊〉 blesse this project so blackly blasted with perjurie a sin so repugnant to morall honesty so injurious to the peace quiet of the world so odious in it self so scandalous to all men to break a league when confirmed by oath the strongest bond of conscience the end of particular strife the souldier of publick peace the assurance of amity betwixt diverse nations is a sin so hainous that God cannot but most severely punish it no wonder then that the Christians had no longer abideing in the holy hill of Palestine driveing that trade wherewith none ever yet thrived the breaking of promises wherewith one may for a while fairely spread his traine but will melt his feathers soon after The fabrick must needs come tumbling down whose foundation is laid in perjury In the history of Scotland there are severall memorable passages to this purpose When Durstus the eleventh King was pursued by the Nobles for his wickednesse had promised to amend his manners He did solemnely swear to passe in oblivion all by-gones but thereafter he treacherously killed the nobles at a feast unto which he had invited them But what followed upon this The body of the Land rose up in armes against him he was killed in battell Thus did God pursue him for his perfidy It is recorded by Buchan on the life of Gregorius that the Britans after they had made a peace with the Scots did break their Covenant invaded the Scots But divine vengeance pursued them for this for they were broken defate by Gregory at Lâ—…maban their King Constantin was killed Memorable is that story of Balliol who to get the Kingdom promised swore subjection unto the King of England thereafter having received some â—…ussle at the court of England for being accused by one McDuff he was constrained to stand at the barr there to defend himself he reneweth the old league with France casteth off England contrare to his oath alledging that he was forced to give that oath that albeit he had done it willingly it could not stand because he had not the consent of Parliament without whose consent the King might do nothing in matters belonging to the whole Kingdom But these shifts could not clear him from perjury nor free the land from wrath because of that sin for war was raised at Berwick above 7000 of the Scots were killed even the floure of the nobility of Lothian â—…ife The castles of Dumbar Sterline Edinbrugh were taken Balliol himself was at length apprehended sent prisoner to London all the nobles were called by King Edward to Berâ—…ick there were forced to swear subjection to him And thus was the Kingdom keeped at under a long time by the Englishes save what liberty was obtained by renowned Sr William Wallace but this did not last long for Scotland was againe subdued King Edward called a Parliament at St Andrews where againe all the nobles except Sr William Wallace did swear alleagiance unto him this was the sad fruite of perjury which made the land mourn many a day When Cumin Bruce made a compact together at London for to endeavour the liberating delivering of the Kingdom out of the hands of the Englishes had given an oath of secrecy faithfulnesse to other Cumin perfidiously did reveal the matter unto King Edward but for his treacherie God pursueth him for ere long he is killed by Bruce in the Church of Drumfries About the year 1447. England breaketh their promise of truce unto Scotland useth some incursions to spoile Scotland But being payed home by the Scots it draweth to a warre on the south borders there England is foiled looseth 3000 beside many prisoners the Scots obtaine a great booty for the English did certanely expect the victory therefore came forth more for pompe glory then for fighting About the year 1535 the King of England sent to Scotland to commune with the King about some
quod sicri non debuit factum valet nor knowing well how to guaird against this deceit which he hideth with a multitude of words his challenges must be answered All which he sayeth on this head is some thing to these three particulars 1. The want of authority in the imposeing 2. The generality of the termes in which it is conceived 3. Some incongruitie in the 3d article The summe of what he sayeth unto the first of these is this To carry on a publick oath without the soveraigne power is without any example among jewes or Christians It is a speciall royalty of the King to have power of imposeing an oath on all his subjects especially where the oath hath a direct aime for raiseing armes Such leagues are inhibited by the lawes of the land Ia. 6â—… Parl. 10. Act. 12. Mary Parl. 9. Act. 75. Now this Covenant was carryed on in England by a meeting of Parliament excludeing one of the Estates and in Scotland by a committee of Estates Ans. what if all this be granted Will it therefore follow that the obligation of the Covenant is loosed Nay himself dar not say so for he addeth Now although this could not nullify the obligation of the Covenant were the matter of it undoubtedly lawfull and otherwise still obligeing yet it were well if unlawfulnesse in regaird of this defect were acknowledged So that all which he would have of the Covenanters now for proof of their sincerity is that they would give as publick testimony against the sinfull way of entering into that bonde as against that siâ—… as they suppose of breaking it But what would this advantage his cause And seeing he saw that it would not advantage his cause why did he spend time paines in vaine He is at a weak passe now when he can bring no arguments but such as himself must needs answere discover the weaknesse of But it is like out of a desire to have it going well with the Covenanters he would have them repenting of the misse which was made But by his favour they must first be convinced of the errour ere they can say that they have erred and ere they be convinced of an errour in that Particular they must see more cogent arguments then any which he hath yet brought For as for that committee of Estates which he sayeth did carry on that Covenant in Scotland it had power for that effect from the convention of Estates their deed was approven in all poynts by the next meeting of Parliament Anno 1644. the lawfulnesse of which convention Parliament hath been shown above and as for the Parliament of England Mr Croften Timorcus have sufficiently spoken to that and as for Scotlands entering into a league with England without the King's consent it hath been vindicated before So hath it been showne how the Parliaments of Scotland do partake of the soveraignity with the King and have power of warre so all which he here sayeth is answered already Only because he desireth some examples of the like among Iewes or Christians though there be no great necessity for this businesse yet some few instances shall be brought first among the Iewes there are two eminent examples one in the dayes of Asa King of Iuda 2. Chron. 15. where many strangers of Ephraim manassâ—…h Simeon fell to Asa out of Israel in abundance when they saw that the Lord his God was with him v. 9. And entered into a Covenant to seek the Lord God of their fathers with great solemnity v. 12 14. that without the consent of their own King Another in the dayes of Hezekiah when he came to the throne which was in the third yeer of Hoshea King of Israel 2. King 18 1. In the first year of his reigne 2. Chron. 29. 3. this was six yeers before the Kingdome of Israel was wasted destroyed by Salmanassâ—…r King of Assyria 2. King 17 6. beginneth a work of reformation said it was was in his heart to maâ—…e a Covenant with the Lord God of Israel 2 Chron 29 10. And he sent to Israell writting letters to Ephraim Manasseh desireing them to come up to the house of the Lord accordingly diverse of Asher Manasseh Zebulon 2. Chron. 30 1 11. joyned with him in that Covenanted work of reformation here are some of the subjects of Basha Hoshea without their consent or approbation joyning in a Covenant or bond with another King Kingdom which would seem more treasonable like then for the subjects of one King to joyn together in Covenant for the good of King Kingdome to carry on a work of reformation no doubt this advocat darre not condemne this deed of those subjects of Hoshea or Basha As for such Covenants among Christians instances in abundance may be given some have already been named as that betwixt the first reformers of Scotland the Queen of England these in France Germany the Low countreyes Helvetia piemont c. so a few moe shall suffice If he had read the History of the reformation of the Church of Scotland he had seen there severall examples of Covenants entered into by Christians without the consent of the supreme Magistrat viz. one Anno 1557 subscribed by Argile Glencarne Morton Lorn others Another at Perth Anno 1559. subscribed by Argile Iohn Stuart Glencarn Boid Vchiltree c. A third at Sterlin that same yeer subscribed by many A fourth at Leth Anno 1560. subscribed by all the nobilite barons gentlemen others professing Christ Iesus in Scotland a fift at Aire Anno 1562. subscribed by severall noblemen gentlemen In Sleidan's commentaries Lib 7. Anno 1529. there is a Covenant betwixt the city Strausbrugh which was under the command jurisdiction of the Emperour three of the cities of Helvetia viz. Tigurum Berna Basil about assisting deseâ—…ding one another in the cause of religion this was without the consent approbation of the emperour as appeareth by the letter written to Strausbrugh from the dyet of the Empire againe An. 1530. there was a Covenant betwixt the Laâ—…dgrave of Hesse those three cities Tigur or Zurich Basil Strausburg anent mutuall defencein the cause of religion That same yeer the protestants meet at Smalcald draw up a Covenant for mutuall defence in religion it was subscribed by Albert Gebert of Mansfeldt by the cities of Magdeburgh Breme Sleidan sheweth also lib. 19. That in February 1547. the nobles of Boheme meeting at Prague entered into a Covenant among themselves for the defence of their liberty whether Ferdinand would or not The second particular is about the generality of the termes wherein the Covenant is expressed The summe of what he sayeth here is this The Covenant was purposely framed in generall and homonymous termes that all the sects might lurck under it And so the Sectarian army when they invaded Scotland did pretend the