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A59435 The fundamental charter of Presbytery as it hath been lately established in the kingdom of Scotland examin'd and disprov'd by the history, records, and publick transactions of our nation : together with a preface, wherein the vindicator of the Kirk is freely put in mind of his habitual infirmities. Sage, John, 1652-1711. 1695 (1695) Wing S286; ESTC R33997 278,278 616

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thing or another that I have pursued this matter so far But if they shall I pray God forgive them for they are injurious to me The principle which prompted me to represent these things was truly that of Fraternal Correption My main Design was to soften not irritate them not to exasperate them but to bring them to a more Manageable and Considering temper For I can and do sincerely protest that it is daily the earnest desire of my Soul that all men may be saved and come to the knowledge of the Truth I wish all Men Christians and I wish all Christians Christians Indeed In a special manner I wish our Presbyterian Brethren and we may yet be so much Honoured and blessed of God that in the sincerity of Brotherly kindness we may be all Vnited in one Holy Communion I wish we may all earnestly contend with all Christian forbearance fellow-feeling and Charity as becometh the members of the one Church whereof Christ Iesus is the Head to have the poor divided desolated Church of Scotland restored to that Peace Purity and Unity That Order Government and Stability which our Blessed Master hath instituted and commanded May Almighty God inspire us all with the Spirit of his Son that our hearts being purified by ane Humble and a Lively Faith the Faith that worketh by Love and our Lives Reformed according to the Laws and great purposes of our Holy Religion we may be all unanimously and dutifully disposed for so Great so Glorious so Desireable a Mercy And with this I end this Fifth Enquiry And now I think I have competently answered the ends of my undertaking which was to Examine this Article of our new Claim of Right and try its firmness and solidity I think I have comprized in these five Enquiries every thing that is material in it considered either in it self or as it supports the great alterations have been lately made in the Church of Scotland It might have been more narrowly sifted and sifted more narrowly it might have been found lyable to many more exceptions For instance 1. It may seem somewhat surprizing that such ane Article should have been put into a Scottish Claim of Right That it should have been made so seemingly Fundamental at least in the Constitution of the Scottish Monarchy which is so famous and has been so much renowned for its Antiquity Was ever such ane Article in a Scottish Claim of Right before No Man I think will say it was in the Original Contract made with Fergus the First if any Original Contract was made with him for if he was he was advanced to the Throne 330 years before our Saviours Birth if we may believe our Historians And I think it was not ane Article in the Original Contract then that the Christian Church should be so or so Governed Few men I think will say it was part of the Original Contract made with any Scottish King before the Reformation No man can produce any such Article in any Original Contract made with King Iames the Sixth King Charles the First or King Charles the Second unless it was the Solemn League and Covenant or the Act of the West Kirk It cannot be said that it was in any Original Contract made with King Iames the Seventh for all the Nation knows it was Declared by the Meeting of Estates that he forfeited his Right to the Crown for having made no Original Contracts These are all the real or pretended Kings we have had since the Reformation till the late Revolution Is not this Article therefore a New Fundamental added to the Constitution of the Ancient Scottish Monarchy This is all upon the supposition that it is truly a part of our new Claim of Right Tho' indeed 2. It may be made a Question whither it can be justly called a part of the Claim of Right It is very possible for one thing to be in another without being part of that other And one would think this Article lookt very unlike a part of a Claim of Right It seems not to run in the stile that is proper for Claims of Right 'T is certain it runs not in the stile of the rest of the Articles All the rest of the Articles tell us either what is contrary to Law or what are the undoubted Rights of the People This Article imports nothing like either the one or the other It only Declares Prelacy to be a Grievance c. This doth not say that it was contrary to Law For Laws themselves may be and actually were Declared to be Grievances by the Meeting of Estates in another paper And the Articles Declaring that Prelacy ought to be Abolished is ane Argument that it subsisted by Law and it was abolished as subsisting by Law for the Act which abolished it Repealed the Laws by which it subsisted Neither is Prelacy declared by the Article to be contrary to the Rights but only to the Inclinations of the People and I think it requires no Depth of Metaphysical precision to distinguish between Rights and Inclinations Indeed it seems obvious to any body that this Article had had its situation more properly and naturally amongst the Grievances which were digested in another paper and therefore I say being only praeternaturally and by apparent force thrust into the Claim of Right it may be made a Question whither its being so there be enough to make it part of the Claim of Right Or whither its nature should not be regarded rather than its post And it should be constructed to have no more weight than if it had been Regularly ranked in its own Category But such Questions are too hard for me and more proper for Lawyers to determine Neither shall I meddle 3. With many other obvious difficulties which must necessarily result from this Article being made truly a part of the Original Contract between King and People Such as its making the settlement of the Crown to depend not on Right of Inheritance or Proximity of Blood or any such Ancient Legal Solid Hereditary Title but on the every day changeable Inclinations of the People for these are the main fund of the Article and by the supposition the Article is intrinsecal and fundamental to the present settlement This I say and many more such which might be easily named seems a very considerable difficulty that might be urged on such a supposition But I shall not insist on them Farther 4. Besides all these Awkward exceptions whither it is or is not a part of the Claim of Right the stile of it might deserve to be considered Particularly that Phrase of Prelacy's being a great and insupportable Grievance and Trouble to the Nation 'T is true I have in my Third Enquiry guessed at its meaning But I do sincerely acknowledge it was but guessing and even yet I can do no more but guess about it Doth it not at first sight appear a little too big and swelling Is it not hard to find for it