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 And seing ther can no instance be produced out of the History of Scotland since ever it was a Kingdome that
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
was contrary to the dissent protestation of this kingdome now removed by a violent death and that by the Lords blessing there was left a righteous heire lawfull successour Charles Prince of Scotland VVales now king of Great britane france and Irland did unanimously and chearfully in recognisance and acknowledgement of his just right title and succession to the Crown proclaime and declare to all the world that he was king of great britan c. their Soveraigne Lord and king at the mercat Crosse of Edenburgh with all usuall Solemnities in like cases ordaining the same to be done in like manner in all the brughs Royall Immediatly there are Commissioners sent over to his Maj. while at the Hague in Holland when these returned without satisfaction there are againe the next year 1650 Commissioners sent to him while at Breda At length he promised to publish testify by solemne oath his approbation of the Nationall Covenant of Scotland of the solemne league Covenant And accordingly before he came a shoar in Scotland being in Shipboard at the mouth of Spey on the Lords day the 23. of Jun 1650 in presence of the Commissioners of the kingdome Church of Scotland severall others both Scots English after Sermon the Nationall Covenant the solemne league Covenant being read by the minister that preached He standing lifting up his right hand swore the same in the words following which had been determined by the Parliament by the Commissioners of the Generall assembly of the Church of Scotland in their Instructions to their Commissioners subjoyned to Both the Covenants I Charles king of Great Britaine France Irland do assure declare by my solemne oath in the presence of the Almighty God the searcher of hearts my allowance approbation of the Nationall Covenant of the solemne league Covenant above writen faithfully oblidge my self to prosecute the Ends thereof in my station calling that I for my self successours shall consent aggree to all acts of Parliament enjoyning the Nationall Covenant solemne league Covenant fully establishing presbiteriall governement the Directory of Worship confession of faith Catechismes in the kingdome of Scotland as they are approven by the Generall assembly of this kirke Parliamet of this Kingdome And that I shall give my royall assent to the acts of Parliament enjoyning the same in the rest of my Dominons And that I shall observe these in my own practise family shall never make opposition to any of these on endevour any change thereof And immediatly subscribed the same And thereafter August 16. 1650. he emitteth a Declaration from Dumfermeling wherein he expresseth much of his affection to the Covenanâ—… Covenanters dèclareth that he hath not sworne subscribed these Covenants entred into the oath of God with his people upon any sinister intention crooked designe for attaining his own ends but so far as humane weakness will permit in the truth sincerity of his heart that he is firmely resolved in the Lords strength to adhere there to to prosecute the ends thereof c. In order to which he doth in the first place professe declare that he will have no friends but the friends of the Covenant And therefore as he doeth now detest abhorre all popery Superstition Idolatry together with prelacy all errours heresy schisme profaneness resolveth not to tolerate much lesse allow any of these in any part of his Maj. Dominions but to oppose himself thereto to endeavour the extirpation thereof to the outmost of his power So doth he as a Christian exhort as a King require all such of his subjects who have stood in opposition to the Solemne League Covenant worke of Reformation upon a pretence of kingly Interest or any other pretext whatsoever to lay down their enmity against the cause people of God to cease to prefer the Interest of man to the Interest of God which hath been one of these things which hath occasioned many troubles calamities in these kingdoms being insisted in will be so far from establishing of the Kings Throne that it will prove an Idole of jealousy to provoke unto wrath him who is King of Kings Lord of Lords The king shall alwayes esteem them best servants most loyall subjects who serve him seek his greatness in a right line of subordination unto God giving unto God the things that are Gods unto Caesar the things that are Caesars resolveth not to love or countenance any who have so litle conscience piety as to follow his Interests with a prejudice to the Gospell kingdom of Jesus Christ which he looks not upon as a duety but as flattery as driving self designes under a pretence of mantaining royall authority greatness he resolveth to live die with his loyall subjects in prosecution of the ends of the Covenant He doth esteeme the service of those who first engadged in the Covenant have since that time faithfully followed the ends thereof to be duety to God loyalty to him So Jan. 1. 1651. on the day of his coronation the Nationall covenant the Solemne league covenant being read unto him he swore them in this following oath which he took in behalf of himself his successours kneeling holding up his right hand which oath with both covenants he afterward did subscribe I Charles King of Great Britane France Irland do assure declare by my solemne oath in the presence of Almighty God the searcher of hearts my allowance approbation of the Nationall Covenant of the Solemne League Covenant above writâ—…h And faithfully obleidge my self to prosecute the ends thereof in my station calling And that I for my self Successours shall consent aggree to all Acts of Parliament enjoyning the Nationall Covenant the Solemne League Covenant fully establishing Presbyteriall Governement the Directory of worship Consession of Faith Catechismes in the kingdome of Scotland as they are approven by the Generall Assemblies of this kirk Parliament of this kingdom And that I shall give my royall assent to Acts and Ordinances of Parliament passed or to be passed enjoyning the same in my other Dominions And that I shall observe these in mine own practise and family and shall never make opposition to any of those or endevour any change thereof Thus had the Church of Scotland all the security imaginable from a Prince that Prelats should never have footing againe within that kingdome that the begun worke of Reformation should be still carried on through the other Dominions But when Scotland out of conscience to their covenant had sent for the king the Sectarian party in Iuly 1650 approach their borders with an Army thereafter overcome them in battell shedeth much of their bloud leadeth many both commanders
deprived the Queen mother of her regency But to avoid tediousnesse let Buchanans Chronicle be perused many such like Parliaments shall be seen 2. Who was it who summoned all those Parliaments which conveened for the election of new Kings of viceroyes as that which did choose Notatus the brother not Ruther the son of Dornadilla the 4. King that which did choise Even brother to Durstus not Durstus his sonne that which made Dardan King not Corbred's son being under age that which make Teâ—…rasell brother to Conarus King and not Eâ—…hodius son to Canorus and many moeâ—… Yea Buchanan no stanger to the constitution of the scottish Kingdome sheweth in his book de jure regni apud Scotos that the Parliaments of Scotland were summoned not only without the consent of their Kings but against the same What ground was there then for condemning of this convention at this nick of time when matters were in such hazard Especially 4. Seing the very next Parliament which conveened Anno 1644. by vertue of the last act of the Parliament Anno 1641. at which the King himself was present did ratisie approve that convention upon these grounds as their 5. act beareth Considering that the Lords of his Maj. privy councell and Commissioners for conserving the articles of the treaty having according to their interests and trusts committed to them by his Maj. and Estates of Parliament used all meanes by supplications remonstrances and sending of commissioners for secureing the peace of this Kingdome and removing the unhappy diseractions betwixt his Maj. and his subjects in England in such away as might serve most for his Maj. honour and good of both kingdomes and their humble and dutifull endeavours for so good ends having proven so ineffectuall their offer of mediation and intercession being refuised by his Maj. And thereby finding the weight and difficulty of affaires and the charge lying on them to be greater then they could bear did therefore in the Moneth of May 1643. meet to gether with the commissioners for common burdens that by ioynt advice Some resolution might be taken there in and in respecâ—… of the danger imminent to the true protestant religion his Maj honour and peace of these kingdomes by the multitude of Papists and their adherents in armes in England and Irland and of many other important and publike affaires which could not admit delay and did require the advice of the representative body of the kingdome appoynted and indicted a meeting his Maj. having formerly refuised their humble desires for a Parliament Secondly there was no ground for anâ—…ulling those Parliaments mentioned in the act rescissory and act 9. 1. Because in both those acts there is no mention made of any informality which might justly either in law or conscience render these Parliaments null Only there is mention made of their acts deeds but these cannot in any manner of way annull their constitution for a Parliament may be a Parliament legally conveened though it should astablish iniquitie by a law if the ground which they have laid down in these two acts 15 9. forannulling of these Parliaments hold good indifferent men will soon see that they have anulled their own constitution declared themselves no Parliament for if their acts were compared with the acts of these Parliaments which they have annulled examined either by the rule of God's word which all Christian commonwealths Parliaments should stir their course by or by the fundamental lawes of the land they would be found more worthy to be condemned Sure succeeding ages need take no more but the ground which themselves have laid downe here whereupon to declare this Parliament null But 2. These Parliaments were all legally conveened called for the King called the Parliament 1639 sent the Earle of Traquare as his commissioner thither which was adjourned to Anno 1640. then after some time it was adjourned to Anno 1641. at this Session of Parliament the King himself was present so owned them as a lawfull Parliament being called by his command continued hither till ratifyed all their Acts among which this was one viz Act. 17. Anno 1640. That every third year once at least there should be a full free Parliament that the time place should be appoynted by his Maj. or his commissioner for the time the Estates of Parliament before the end and elâ—…sing of every Parliament According to which Act King Parliament did appoint the next Parliament to meet Iun 1644. this Parliament is continued till Ian. 1645. thence till March thence till Iuly 1645. from thence it is adjourned to November 1646. then till March 1647. at the close of this last Session of Parliament conforme to the forsaid Act 1640. They appoynted the next meeting of Parliament to be Anno 1648. This Parliament adjourned to March 1650. but with all they give power to their committy or the quorum thereof to call the Parl. sooner if they saw necessity accordingly it is convocated An. 1649. at the time appointed it meeteth An 1650. so adjourned to times convenient So that there is no informality here at all discernable If it be said that neither the King nor his commissioner was present at those Parl. so this informality annulled all Ans. 1. The want of this formality cannot be the cause of annulling these Parl. or Sessions of Parl. because they annull the very Session of Parliament 164â—… at which King Charles himself was present 2. There is no law making the presence of the King or his Commissioner essential to every Parliament far lesse to every Session of a Parliament 3. There have been many Parliaments holden in Scotland without either king or Commissioner as in the dayes of King Iames 2. Anno 1437 1438 1440. where there is no mention made of the King in the Acts as there is at the next Parliament 1443. but only of the three Estates of Parliament concluding and ordaining So Anno 1560. there is a Parliament holden at Edenburgh by the three Estates without either King or Queen an Act thereof ratified first Parliament King Iames 6. Act 2. So Anno 1567. the Parliament is keeped by the Regent the three Estates without the Queen who then did Reigne as the Acts of Parliament 1581. King Iames 6. shew for there these words are to be found in the first Act thereof And especially the Act made in the Reigne of the Queen his dearest mother in the Parliament holden at Edinburgh the 19 of April Anno 1567. 〈◊〉 Wherby it is aboundantly clear that she was then governing when this Parl. did sit yet the Parliament was keeped without her as the Acts shew So in the dayes of Queen Mary the Acts of Parl. run in the name of the Lord Governour three Estates of Parl. this Governour was not representing the Queen as her Commissioner
because when she was present as Act 1. Parl. 2. of Queen Mary both she the Governour are mentioned thus The which day the Queen's grace with advice of the Lord Governour three Estates of Par. moreover it is not usuall to have any Acts running in the name of a Commissioner For where a Commissioner is present the King is supposed to be present therefore to this day all the Acts of Parl. made were a commissioner is present except such as are wholly concerning the King himself Run in the name of our soveraigne Lord with advice consent of his Estates of Parl. but where neither King nor Commissioner is present then the Acts run thus The Estates of Parl. enact c. So that this Stilus curiae being punctually observed to this day consirmeth the observation concerning the fore mentioned parl viz. That they were holden without King or Queen when neither King nor Queen is mentioned in the Acts. 3. Is it not strange how they could annull the parl 1648. among the rest seing the Acts of that parl were more homogenious with their own Acts then the Acts of the rest For the Acts of designe carryed on by that parl were no such injurious violation of his Maj. power authority nor were they Acts of rebellion as they suppose the Acts of the other parl to have been So that the ground upon which they rescinde the rest of these Parl. will not warrand them to rescinde this so it is not upon the ground of their Acts that they rescinde these parl Because then they would not have rescinded this parl 1648. What grounds then they will seek out next who can tell For all the grounds which they have hitherto to given whether from their Acts deeds oâ—… from informalities through the want of the presence of the King or his Commissioner are declared null of no effect by themselves 4. It is yet more strange how they could annul the Parl. 16â—…8 When all the members of that parl some of whom no doubt were members of this did Iun. 10. declare and testify their resolution and obligation to acknowledge that Parliamentre have been a free and lawfull Parliament likeas they did oblige themselves upon their honours and credit and as they desired to be to be holden true lovers of their countrey and of the religion lawes libertâ—…es thereof efauldly faithfully to the uttermost of their power to joyn and concurre with their persones and estates every one according to their severall stations and callings in the maintenance of the freedome and lawfulnesse of that Parliament and they ordained that that Act should be subscribed by all the members of Parliament present and absent and by all noblemen Barons and all other subjects inhabitants of the Kingdome in their thires and brughs 5. It is yet more strange that this Parliament had so far forgot it self as to reckon up the Parliament 1648. among the rest in the Act rescissory when in their 9. Act they had acknowledged it to have been a Parliament for there when they are approveing the Engadgment the all onely bussinesse which that Parliament 1648. was carrying on they stile them the estates of Parliament of this kingdome which is a title agrying to none but to lawfull Parliaments Thus it is clear that there is no ground warranding a consent unto these Acts rescissory but good ground to scruple at that oath the taking whereof would have imported a consenting unto the annuling of these Parliaments considering 6. How King Charles the first in the large treaty in his answer to the first demand sayeth that at the humble desire of his subjects he did call conveen a Parliament to beholden at Edinburgh Iun. 2. 1640. so that this Parliament was lawfully convocated acknowledged to have been so by King Charles the first himself Thirdly nor is there ground for assenting consenting unto the anulling of those Acts done and concluded in these Parliaments for 1. They are Acts made by Parliaments lawfully conveened 2. They are Acts not repugnant to the word of God but Acts made for the carrying on advanceing of the work of reformation except those made by the Parliament 1648 which every one according to his place power is sworne to maintaine promove this the very vieuing of them will evince how ever that whole work be now branded as rebellion sedition So that none could swear that oath as now tendered by Acts explained but withall he must condemne the whole work of reformation all Acts made for establishing of the same in doctrine worshipe discipline governement 3. did not King Charles 1 in the large treaty give this answere unto the first demand That for as much as the King's Maj. at the humble desire of his subjects did call and conveen a Parliament to be holden at Edenbrugh Iun. 2. 1640. wherein certaine Acts were made which Acts his Maj. for the peace and good of this kingdome is pleased to publish in his own name with consent of the Estates and therefore commands that the said Acts bearing date â—…un 27. 1640. be published with the Acts to be made in the next session of the same Parliament and that all the saids Acts as well of the precedent as of the next Session to be holden have in all time coming the strength of lawes and to be universally received and obeyed by all the subjects of the kingdome of Scotland His Maj. doth in the word of a king promise the publishing of the saids acts in such sort as is above specified And more over at that next Session of Parliament Anno 1641. when himself was present all those Acts were approved ratifyed fully did not King Charles 2 before at his coronation ratify approve the Covenant all Acts made in order to the carrying on of the ends of the Covenant So that now they are full compleat lawes wanting nothing even of formality which can be desired seing he hath ratified approved them all 5. Are there not many of these Acts made by those Parliaments very much for the glory of God the good of the countrey did not themselves see this when for shames cause they were forced to make some Acts of the same nature for curbing of vice since they would not be said to renew them so that it were hard to put Christians to condemne those Acts laudable lawes 6. Is it not strange how they could condemne make null void all the Acts done by the committees Parliaments after 1648. seing by this meanes they shall condemne all the applications which were made unto his Maj. while he was in Holland also they shall condemne the Kingdomes receiving of him yea their crowning of him both as null as done by a Non-Parliament And thus they will have the King no crowned King of Scotland how deep this may draw let lawyers judge It was
obtained a great victory that same year they renewed their Covenant at Brunna in which Covenant the other Ten Cantons at severall times thereafter being oppressed by their Nobles did joyne at length by warre brought themselves into that state of liberty in which they are at this day See for all this Simlerus de Repub. Helvet 12. And lastly they have the practice of the Bohemians who in the Dayes of Wenceslaus Sigismond waged great warres under the conduct of valiant Zizca See Fox's acts monuments Vol. 1. And thereafter in the dayes of Ferdinand they resolved to fight couragiously against all their enemies how great so ever they were But in case some should be so bold as to condemne all those Acts as treacherous rebellious let it be considered 6. That some of those same practices are allowed and approved even by the Kings of Britaine for King Iames in his answer to cardinall perron justifyeth the protestants of France their taking up armes in their own defence Memorable is that speach which King Iames had in the Parliament house Anno 1609. a King sayeth he governing in a setled Kingdome â—…easeth to be a King degenerateth into a tyrant so soon as he leaveth to rule by his lawes much more when he begineth to invade his subjects persones rights liberties to set up an arbitrary power impose unlawfull taxes raise forces make warre upon his subjects whom he should protect rule in peace to pillage plunder waste spoile his Kingdom Imprison murder destroy his people in a hostile manner to capâ—…vat them to hâ—…e pleasure This is a sentence well worthy to come out of a Kings mouth to beâ—…ingraven upon the thrones of Kings princes and doth more then abundantly justify Scotland in their late defensive warre Moreover Queen Elizabeth King Iames both by the publick advice consent of their realmes did give publick aid assistance unto the protestants of France against their King to the Netherlands against the king of Spaine and to the protestants in Germany Bohemia against the Emperour entered into solemne leagues covenants with them if they had been traitours rebells that action of defence utterly unlawfull would those princes have joyned with them in this manner who can think this So did King Charles the first openly avow to aide the protestants in France at Ree Rotchell against their King who was come in armes against them the Germane Princes against the Emperour the Netherlands against the King of Spaine And entered into a solemne league with them for that end All which do aboundantly justify the Scottish defensive warres free Scotland from the aspersion of disloyalty rebellion But moreover 7. It is to be considered That King Charles I. himself hath fully freed them of all these aspersions in his publick Acts in his Parliaments declareing The Scots late taking up armes against him his Consellours in defence of their religion lawes privileges to be no treason nor rebellion them to be his true loyall subjects notwithstanding of all aspersions cast upon them by the Prelaticall Popish party because they had no evill nor disloyall intentions at all against his Maj. person crown dignity but only a care of their own preservation the redresse of these enoâ—…mities pressures grievances in Church state which threatened desolation to both See the acts of oblivion pacification Here is enough to stope the mouthes of all Calumniators to vindicate them to cleare the innocency of their cause before all the Woâ—…d And furder King Charles who now is did approve of the same in his declaration at Dumfermlâ—… which is cited Sect 2. 8. Some of their chief antagonists are forced through the clearnesse of truth to assert such things grant such particulars as will by clear undenyable consequence justify their taking up of armes resisting the armies of their King when they came against then to destroy Religion Lives Lawes Liberties Beside that all of them are forced to speak most in consequently unto their own principles by their concessions do overthrow their own grounds arguments as might easily be made to appear if to discourse at length of this subject were designed now As 1. Iohn Barclay Lib. 4. Cap. 16. he sayeth expresly That if a King will alionate and subjecte his Kingdom to another without his subjects their consent or be carryed with a hostile minde to the destruction of all his people his Kingdom is actually lost and the people may not only lawfully resist and disobey but also depose him This is more then the Scots could desire for they plead not for deposeing or dethroning of kings but only for resisting withstanding them when they carry a hostile minde against them whereof a strong army of strangers marching with armes to their borders after they were contrary to all law declared rebels is as evident a demonstration as can be are seeking the ruine destruction of their own subjects They plead only That in that case the people may are bound before God to defend themselves when their religion which ought to be dearer to them then any thing else is sought to be taken away or altered service books or masse books the like tyrannically obtruded upon them So Contra Monarch lib. 3. c. 8. He granteth that the people have right to defend themselves against great cruelty what greater cruelty could be expected by a nation from their King then to be blocked up by sea land threatened with utter ruine extiâ—…pation unlesse they would sell soull conscience all doth not this speak abundantly for the justifying of them 2. D. Fern. Part. 3. s. 5. acknowledgeth that personall defence is lawfull against the suddaine illegall assaules of the Kings messingers or of himself in so far as to ward off his blowes to held his hands and when the assault is inovitable Now if resistence be lawfull against suddaine assaults much more against premediated deliberated advised assaults If resistence of illegall assaults be lawfull then they cannot be condemned because the assaults of the King's forces were against all law reason for there is no law warranding the King or any other having a commission from him to force popery upon them by armes If resistence be lawfull against inevitable assaults then they are justified for how could they resist the assault of so many thousand armed men but with armed men Yea when he alloweth in such a case that hands may be laid upon the prince he more then justifieth them who never did intend harme to his Maj. person honour but wished sought the saifty preservation thereof by all meanes And againe when he would answere the argument taken from Elisha's resisting of the King he granteth that itis lawfull to resist the Kings cutthroats and what did Scotland more then resist his
that was left for the saifty of religion of all that was dear unto them So then their case not being a prosecution of adesigne of some privat persons upon some privat injuries received to destroy ' cut off the King or to denude him of his just power privilege but a nationall defence of religion lives liberties against the Kings armies unjustly seeking to destroy violently to overturne all None of the arguments of adversaries taken from 1. Sam. 24 6 10. 26 9 11 23. 2. Sam. 1 12 16. do conclude against them or speake to their case 5. There is also a great difference betwixt a warre contrived carryed on by privat persons when grievously oppressed And a warre carryed on by the body of a land in their representatives in Parliament against a king Suppose the first could not well be defended which yet is not absolutely denyed yet this last is clear for a Parliament hath more power over a king then any privat person or subject how great so ever hath judicious Calvin is clear for this in his institutions lib. 4. cap. 20 n 39. saying if there be inferiour Magistrats such as the Ephori among the Lacedaemonians Tribuns among the Romans The demarchi among the Athenians and as the Estates of Parliament in kingdomes now if these connive at the king's oppressing of the people they become persidious because they betray the peoples liberty which by God's appoyntment they are to protect Thus Scotland is cleared for their warre was carryed on by the body of the land in their representatives by their Parliament acting in its publick parliamentary capacity and so the arguments drawn by adversaries from the practice of the primitive Christians speak nothing against the Parliament of Scotland Their levying warre against the king in their own defence in the defence of the liberties lawes of the land 6. There is a difference betwixt a warre raised by a Parliament of purpose to cut off the king to depose him from his throne governement which hath been severall times practised by the Parliaments of Scotland when their kings turned tyrants vitious in their lives as was showne above their case which was a case of pure defence there being no intention to offer the least violence to his Maj. person crowne or dignity but only to defend religion the kingdome against the popish malignant invading plundering forces which were sent forth to destroy all for their armies advanced with petitions seeking redresses of wrongs with all humility shewing their willingnesse readinesse to lay down armes so soon as they were secured in the peaceable enjoyment of the religion sworne to freed from the just fears of these bloody invading forces who were seeking the destruction of their lives liberties So then when their adversaries reason against riseing in armes against the King they speak not to the poynt none of these arguments come near to their case which was a case of naturall sinlesse self defence 7. It would be considered that the warre did not begin upon the Parliaments side but they were forced constrained to it The King commanded all the English Nobility with all their power forces to meet him at York April 1639. that they might advance with him towards Scotland The Scottish Noble Men who were at court were also sent down towards Scotland to raise their friends having some expert forraigne Officers with them There were three thousand Men sent down with the navy six hundered Horsemen were sent down to the Borderes to make incursions all which preparations of warre did clearly speak out his Maj. intention did necessitate them to bestir themselves in their own defence against those invaders to keep their own rights unviolated And yet with all they had their supplications ready to presente after the granting of which viz. a quyet peacable enjoyment of their Religion Lives Lawes Liberties they resolved to lay down armes accordingly did so for after the pacification Iun. 18. 1639. their army was disbanded Againe when the Parliament which was convocated by his Maj. command conforme to the pacification was contrary to the articles contrary to the liberties of the land privileges of the Parliament prorogued the Castles of Edinburgh Dumbritton were fortified with men ammunition Theis friends travelling to England Irland were constrained to swear unlawfull oaths or to góe to prisons The sea was stopped no liberty was granted to trassique so the land was blocked up The articles of pacification were broken Berwick and Carlile were fortified The Commissioners who were sent from the Parliament to the King were imprisoned contrary to the law of Nations The Castle of Edinburgh was killing many threatening to destroy the whole city with their cannon their ships were intecepted by sea their merchands spoiled of their goods sea men were taken prisoners miserably handled When matters went thus were they not constrained to take up armes againe to advance towards England that they might seek peace from his Maj. not being able to maintaine an army on the borders after they had been so impoverished through the long want of fine tradeing and not to lay downe armes untill their necessary and just desires were granted Now let any judge whether they can be justly blamed for standing to their defence being thus necessitated as they would not betray the Land their Lawes their Liberties their Religion so sell their soul consciences all into the hands of their malitious enemies So then when this shall be made the state of the question whether or not the Parliament body of the Kingdome of Scotland may not lawfully take up armes having no purpose to wronge his Maj. person or to spoile him of his just rights privileges to defend themselves Lands Liberties no lesse then their Religion after it had been setled by law When the King in stead of granting their just necessary desires viz. security that they should be ruled by lawfull generall Assemblies other inferiour Church judicatories in Church matters according to the ancient discipline of the Church And by a free Parliament in civill matters according to the foundamentall lawes of the Land And that they might be free from illegall courts alteration in their Religion that the articles of agreement should be keeped that granted which was promised under hand seal is raising a strong army of forraigners Irish Popish prelaticall malignant enemies to the Church kingdome of Scotland intending to destroy their Land Liyes liberties to overturn their Religion Privileges for this end blocketh them up by sea Land fortifyeth Castles in their bosome giving them commission to destroy all they could denunceth them all rebells treatours Sure it may be supposed that seing this is the true state of the question it shall easily be granted that this
Kingdomes in Scotland that Christ was a King the Church his Kingdome that he himself was a subject unto Christ a member of his Church neither head nor King thereof that the spirituall office bearers to whom he had committed the government of his Church had power warrant to conveen But the King went on told the Ministers thereafter That there should be no agreement betwixt him them untill the marches of their jurisdiction were rid that they might not speak in pulpit of the affaires of the Estate or Councell that no Generall Assembly should meet without his special command that Church judicatures should meddle with fornication luch like scandalls but not with causes whereupon his lawes do strick shortly thereafter Mr Blake was summoned did decline his declinature was owned by severall hundereds of Ministers when King Iames saw this he laboured to ensnare the Ministery therefore invented the bond which was mentioned Sect. 1. Pag. 27. whereby any may see what was intended designed But when he is in possession of the crown of England then the poor Church findeth his hand heavier then formerly for Anno 1606. Six Ministers were convicted of treason condemned for declineing the councell as an incompetent judge in matters ecclesiastick all by vertue of the Act of Parl. 1584. And the Parliament which did meet that yeer 1606. to make all sure did acknowledge his Maj. soveraigne authority princely power royall perogative privilege of his crown over all Estates persons and causes whatsoever and ratifieth approveth and perpetually confirmeth the same at absolutely amply and freely in all respects and considerations as ever his 〈◊〉 or any of his royall progenitoure Kings of Scotland in any time by gone possessed used and exercised Thus was the copestone of this supremacy put on againe And at that pretended assembly at Glasgow Aâ—…no 1610. it was acknowledged that The indiction of the Generall Assembly did appertaine unto his Maj. by the prerogative of his royall crown And it was ordained that the oath which is set down before pag. 37. be sworne by all ministers at their ordination the Parliament which conveened Anno 1612. ratified all this And finally Anno 1633. in the 1 Parl. of King Charles Act 3. that Act which was made Anno 1606. was againe ratified this conclusion was drawne from it that he hath power to prescribe what apparell he thinketh fit for Kirk men which was done of purpose for this end that his Maj. might with greater facility get the use of the surplice by Ministers established by law and practised And now by all this any may see what is the nature of that supremacy which the higher powers have been all alongs grasping after which the faithfull servants of Christ have been withstanding according to their power But in the last place the sense meaning of this late Parliament which did tender the oath must be sought out of their acts actings out of some commissions granted by his Maj. thereby it shall be seen what ground there was of scrupling at the oath how the feares of such as did then scruple at the oath were not groundlesse seing the after actings of king Parliaâ—… have abundantly confirmed the apprehentions which such had of their giving to the King of his taking more power in Church matters then themselves would then acknowledge or confesse did belong to him Now for clearing what power was then is now assumed by given to the King in Church matters these particulars may be noticed 1. When these Six or Seven Ministers who were cited before the Parliament had offored a sense in which they would willingly have taken the oath they could not be heard though they granted unto him in their sâ—…nse offered as much power in Church matters as the word of God the confessions of faith both of the Church of Scotland of other reformed Churches did allow for they did grant that his soveraignity did retch ecclesiastik causes objectively though in its own nature it was alwayes civill extrinsick But this did not satisfie therefore it was evident enough that they did intend some other thing by that oath then every one could well see 2. In the 4. Act of their first session it is made a part of the Kings prerogative That none of his heighnesse subjects of whatsoever quality state or function presume to convocat conveen or assemble themselves for holding of councells to treat consult determine in any matter of state civil or ecclesiastick except in ordinary judgments without his Maj. speciall command of expresse license had obtained thereto under the paines c. By which it is apparent that they will have no Church judicatories without his command or license otherwise his prerogative is violated so it is a piece of his perogative supremacy to have all these assemblies depending â—…o upon him as civill meetings do that is that they shall be null without his expresse consent and command for this part of the act is in every word conforme relative to that black act Anno 1584. viz act 3. parl 8. King Iam. 6 by which all Church judicatories which had been set up conforme to the second book of discipline viz sessions presbyteries synods were discharged 3. In the 16 Act of the first session concerning religion and Church government they say That as to the government of the Church his Maj. will make it his care to setle secure the same in such a frame as shall be most agreeable to the word of God most suiteable to monarchicall governement most complying with the publicke peace quyet of the Kingdome in the meane time his Maj. with advice consent foresaid doth allow the present administration by sessions presbyteries Synods So that by this act it is clear that they think that there is no particular forme of Church government sâ—…t down in the word 2. That every nation is left at liberty in this to choose what forme they will as most suitâ—…ing to civil government complying with the people temper 3. That he is judge of what forme of government is most agreeable to the word of God 4. That this governement must be some other government then that which is by Sessions Presbyteries and Synods which is but allowed in the interim 4. There is a commission or act from his Maj. for a Nationall Synod ratified by Parliament in their second Session which is worth the noticeing the Act is thus worded For as much as the ordering disposall of the externall government of the Churh the nomination of the persones by whose advice matters relating to the famine are to be setled doth belong to his Maj. as an inherent right of the Crown by vertue of his prerogative Royall supreme authority in causes Ecclesiastick And in prosecution of this trust his Maj. considering how
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
officers of his owne appoyntment Who then can acknowledge such a court not with all consent unto this intolerable incroachment upon the privileges of Christ his crowne justling of our Lord out of his rights is not this the fountaine of all disorder confusion tending in end to the utter overthrow of all Church discipline to to the totall overturning of the Established order of Christ's house can any acknowledge such a court seing such sad consequences will follow thereupon 4. In this judicature ecclesiasticke persons have power of civill matters civill punishments for the court hath power to fine coâ—…fine committ and incâ—…rcerat for contraveening the Acts of Parliament But that Church officers should medle with civill matters is diametrically opposite unto Christ's word Mat. 20 25. Luk. 22 25. where he forbiddeth all the exercise of any such power as was exercised by Kings and civill powers on earth saying the princes of the gentiles exercise dominion and they that are great exercise authority but it shall not be so among you so that the very exercise of the power is prohibited if any should think that he meaneth only the â—…anny abuse of the power because he useth the compound words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Luk doth sufficiently take away this objection when he useth the simple words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the scope of the place cleareth it also for the question unto which Christ returneth this answere is concerning primacy power and not concerning the abuse of the power So then whoever do acknowledge this court do approve in so far of this contradiction to Christ's command 5. The acknowging of this court would be upon the matter a justifying of all the Acts of persecution exercised against the worthles of old for avouching the Kingly office power of Christ declineing the civill courts in Church matters so a condemning of the Zeal of those worthies who hazarded life all which was dear to them in giving testimony against the incroachments made upon the crown and privileges of Christ as King But certanely a Christian tender of the glory of God of his cause which hath been is hated persecuted by his enemies would scarre at this 6. Particularly the acknowleding of this court would be a condemning of worthy precious Mr Rutherfoord Mr Dickson who declined the High commission and refused to passe from their declinature on any termes wherein they were singularly eminently owned of God approved by his testimony to their spirits And what tender Christian could do this 7. The acknowledging of this court is a clear breach of the first article of the league covenant in severall particulars as 1. the acknowledging of this court is an overturning of all the principles of Presbytâ—…rian Government so contrary to that oath whereby every one is sincerely really and constantly through the grace of God to endeavoure the preservation of the reformed religion of the Church of Scotland in doctrine worshipe discipline and government And that because 1. It is contrary to the principles of presbyterian Government to have Church power derived in whole or in part from any prince or potent at upon earth but only from Iesus Christ the sole King head of his Church 2. It is contrary to the principles of presbyterian government to have Church censures dispensed by any except Church officers 3. It is contrary to the principles of presbyterian government to have Church officers medling with civill affairs 4. It it contrary to the principles of presbyterian government to have any other Church judicatories then such as are allowed by the Gospell 5. It is contrary to the principles of presbyterian government to have Church power civill power confounded in-distinct 2. The acknowledging of this judicature would be a condemning of the work of reformation in part for this is one piece of the doctrine of the Church of Scotland one piece of the reformation viz. That Church officers should not meddle with civill power or places this was much looked to at the begining of the late work of reformation condemned both by Church and state Anno 1638 1639 1640. And therefore tender Christians could not do this sinne against God 8. The acknowledging of this judicature is a breach of the second article of the same league Covenant Upon this account that it is an acknowledging of the power of prelats in the highest degree of that power which ever they had in Scotland And next upon this account that it is an approving of that which is contrary to sound doctrine the power of godlinesse so a partaking of other mens sinnes a runing the hazard of receiving of their plagues expresly contrary to that article 9. As to the civill part of this court for it is a monster of judicatories viz. two distinct bodies under one head The acknowledging of it would be a crossing of the third article of the league Covenant upon a two fold account 1. In that it is a wronging of the rights privileges of Parliaments â—…o owne a judicature not approved established by any Act of Parliament old or late 2. In that it is a wronging of the liberties of the Kingdome to consent unto an arbitrary power assumed by the prince over them contrary to the fundamentall lawes of the land in setting up what judicatories he pleaseth without consent of Parliament without whose speciall warrant authority the meanest fixed court cannot be erected 10. It is a court unamimously condemned by the Church of Scotland in their assembly 1638. Act Sâ—…ss 14. upon very pregnant considerable grounds for they found that it had been erecâ—…d without the consent or procurement of the Kâ—…rk or consenâ—… the â—…states of Parliament That it did subvert the jurisdiction and ordinary judicatories assemblies of the Kirk sessions presbyteries provinciall and nationall assemblies That it was not regulated by lawes civill or ecclesiasticall but at the descretion and arbitrement of the câ—…mmissioners That it gave to ecclesiasticall persons the power of both tâ—… swords and to persons merely civill the power of the keyes and Kirk censures and therefore did prohibite the use and practice of it as being a court unlawfull in it self and prejudiciall to the liberties of Christ's Kirk and Kingdome and the King's honour in maintaining the Established lawes and judicatories of the Kirk Now how could any true member officer of the Church of Scotland acknowledge this judicature so unanimously dis-allowed condemned by that Church 11. The acknowledging of this court would be a clear breach of the nationall covenant as sworne subscribed Annâ—… 1638 1639. for in that covenant the land was sworne to resist all corruptions according to their vocation to the uttermost of that power which God had put into their hands all the
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-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
flee About this time in other pairts of the Kingdome the ministers honest people who were urged could not give obedience resolved to follow a more regular way and to supplicat the Councell to give in a note of the errours contained in these books which accordingly they did so from severall pairts of the Kingdome there came Ministers professours with supplications sheweing how erroâ—…ons both the liturgy the other books were how dangerous a thing it was to bring in Innovations in a Church how the Reformed Churches of Austria were undone by the violent obtiusion of a liturgy how in the time of Charles the Great the Church was miserably rent some adhering to the Ambrosian Liâ—…gy others choosing the Romane of Oregorian Liturgy how dangerous it was to change the Worship bring in a worse how the King foure years before at his Coronation did solemly swear that he would alter nothing in the Kingdome of Scotland without the free consent advice of those having Interest Unto these Supplications the Councill at first gave a favourable answere told that it was not their minde to presse the publick use of these books that they had forbidden the Bishops to presse the use of these books any more that they had signified their minde to his Maj were expecting a returne The petitioners likewise sent their supplications to his Maj. with the Duke of Lennox who was then returning to London withall did wreastle with God by prayer faâ—…ing that he would incline the Kings heart to hearken unto their just desires would frustrate the endeavours of their adversaries But when the expresse cometh from his Maj. all the answere they get is an Edict published Octobr 18. commanding them to go out of the towne of Edenburgh within few hours under the paine of Rebellion When the Petitioners see this the next day they resolve to act all together joyntly that his Maj. might know it was not a few Puritanes as the impure Prelats were pleased to nickname them but a great mulitude of his Maj. most loyall subjects of all ranks who were dissatisfied And they draw up a complaint against the prelats desire liberty of the Councell to pursue them legally as being the onely authors of the Book of Canons liturgy which containe the seeds of Superstition Idolatry as being guilty of many other crimes that under the highest perrill And withall they shew the Councell that they could not leave the towne untill they saw some course taken for delivering the land from the present imminent dangers When the Councell saw that the number of the Petitioners was great dayly increasing fearing the worst they desired the petitoners would choose some of their number as their Commissioners to prosecute their business that the multitude might depairt this was yeelded unto But ere long the Councell is discharged by an Expresse from his Maj. to meddle any more in that matter Whereupon the Supplicants are necessitated to draw up a Protestation declaring that if any tumult arose through their prosecution of the Cause the Councell onely might be blamed as refusing justice When the Counsell heareth of this they resolve to hear the desire of the Commissioners advise the Bishops to withdraw themselves When the Commissioners compeer they show their Intention was to prosecute their business against the Prelats whom they would prove guilty of grievous crimes under the highest perrill therefore desired the prelats might be excluded it not being fit that parties should be judges The Councell because of the forementioned Expresse might do nothing Onely they write to his Maj. who thereafter sendeth for the Earle of Traquair but he for fear of the Prelats did misrepresent the Cause of the Supplicants returned with a Proclamation from his Maj. which he caused publish at Sterlin where the Councell was sitting in Febr. 1638 In which Proclamation the King owned the books which the petitioners did supplicat against and condemned the meetings of the Supplicants as conspiracies contrary to the lawes of the Land Against this the petitioners prepared a Protestation a copy wherof was affixed at the Crosse of Sterlin herein protested against these Books as full of errours as Innovations against their refusing to receive libells against the Prelats against the High Commission Court obtruded on Scotland contrary to the fundamentall lawes of the land without any Municipall law That prelate should not be judges in their own cause And that all their own meetings were lawfull And that they could not forbear with a good conscience unlesse they should wrong the Glory of God the honour of his Maj. the liberties of kirk Kingdome And because they were commanded to depart forth of the town of Sterlin they go together towards Edenburg there after serious thoughts they finde the maine procureing cause of all these calamities to be the violation of the Nationall Covenant therefore unanimously they resolve to renew that Covenant accordingly they draw it up with some explicatory additions confirmations out of the acts of Parliament binde themselves to adhere unto defend the true Religion forbearâ—…g the practise of all novations already introduced in the matters of the worship of God or approbation of the corruptions of the publick government of the Kirke or civill places power of Kirkmen till they be tried allowed in free Assemblies in Parliaments to labour by all meanes lawfull to to recover the purity liberty of the Gospell as it was established professed before the foresaid Innovations promise swear to continoâ—… in the profession and obedience of the foresaid Religon â—…resist all contrarie errours and corruptions ând that they had no intention to attempt any thing that might turne to the dishonour of God or to the diminution of the Kings greatness and authority and to defend themselves mutually in the same cause c. When the Covenant is thus drawn up it was subscribed by all present copies thereof were sent to such as were absent being read in the Churches was heartily embraced sworne subscribed with tears great joy Great was this day of the Lords power for much willingness chearfulness was among the people so as in a short time few in all the land did refuse except some Papists some aspiring Courteours who had no will to displease the King some who were addicted unto the English rites Ceremonies some few Ministers who had sworne the oath at their entry which was mentioned Anno 1612. Yea such willingness was among the nobles others that they had their own copies of the Covenant subscribed by others of the Nobles Barons ministry laid up in their Charter chists where possibly many of them are at this day When matters are at this passe the Prelats do animate his Maj. to a war and the Covenanters desireing his Maj. might be rightly
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
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
souldeours away captives keepeth them in bondage full ten years Under which oppression they lay groaning wishing for a day of delivery At length after ten years exile the Lord returned their prince without stroake of sword and setled him upon his throne which occasioned great acclamations of joy through the whole land seing that now the yoke of the oppressour was brocken and the Lord had restored to them in a wonderfull unexpected maner their law full judges and governours Now were people filled with hops of good and desirable dayes both for Church and State But alace how suddainly are all their hopes turned into fears and their joy into mourning how are their faces filled with confusion because of the sad disappointment which now they did meet with Their yoke beginneth now to be wreathed more straitly about their necks then ever their bondage and oppression in conscience groweth they see with their eyes the glorious worke of Reformation which had been wonderfully carried on by the mighty power of the most High cemented with the bloud of his Saints who spared not their lives in the defence maintenance of that cause both against malignants Sectaries razed to the very foundation the carved worke thereof brocken down with axes hammers at once and all things growing dayly worse worse Some particulars where of though the calling to minde making mention of such sad doolfull things will occasion fresh sorrow grief to the people of God as the purpose in hand will suffer shall be mentioned in the following Sections SECTION III. The grounds of the sufferings of such as were incarcerated by the Committy of Estates the 23 Day of Agust 1660. discovered AFter God had broken the yoke of the oppressours had restored their own governous it might have been expected that justice should have flowed down as a river and when the committe of Estates which had been nominated Anno 1651. Were commanded by his Maj. to sit order the affaires of the Kingdome untill the ensueing Parliament should meet every one might have been in expectation of some good following their governement But alas their little finger becometh heavier then the loyns of the former oppressours A litle taste of which there is given on the very first day of their sitting downe for upon the 23. Day of August 1660. While there were some faithfull Zealous servants of Christ to the number of Ten Ministers with one Gentleman met in a private house where they resolved to meet that they might give the lesse offence for the drawing up of a supplication unto his Maj. wherein after their congratulating his Maj. returne they in all humility presse exhort him in the fear of the Lord to minde his oaths unto covenants with God a very necessary seasonable work The committee of Estates sent thither some of their number to apprehend those persones to take them to the castle of Edenburgh where they abode for the space of some weeks were afterward except Mr Guthry confined to their chambers in the towne for some considerable time This was a terrible alarme unto the hearts of the godly presaging sad doolfull dayes to follow when at the very first there is so much cruelty exerced against these faithfull zealous servants of Christ who were evidenceing their love respect unto their Prince in mindeing him of his vowes which he had made unto the most high of his duty which he did owe unto God who had so wonderfully delivered him for which no colourable pretence could be allaidged save one of those Either that their meeting was not warranted by the lawes of the land or that they were about a sinfull work The first could not be allaidged with any colour of law because there was no standing law then in force against such meetings for whatever law ther was of that nature before was made null void by posterior acts of Parliament which posterior acts were not as yet resciâ—…ded and further what great wrong was it for so many ministers to meet together in a privat chamber for such an end when as many moe prophane persones will be suffered to meet dayly to drink debauch and what could these worthies have suspected now seing the like liberty was enjoyed while the land was under the feet of oppressours might not they in reason have expected as good quarters at the hands of their own governoursas they gote from stangers enemies But it is like the work they were about gave offence it is true they were pleased to brande it with the names of treason sedition but whether it was so or not the reader will be better able to judge when he hath pondered considered the true copy of their supplication which is here following Most gratious dreed soveraigne We your Maj. most humble subjects considering the duty which as Christians we owe to our Lord Iesus Christ who is king of kings Lord of Lords and which as subjects we owe unto your Maj. as our native lawfull king under him We do hold ourselves bound to tender unto your Maj. this most humble addresse supplication How hatefull the actings of the late usurped powers in offering violence to the Parl. of Engl in their unchristian barbarous murthering of your royall father in their insolent changeing of the ancient civill goverment of the kingdome of Engl. and by armed violence unjustly secluding your Maj. there from In their most unjust invadeing of the kingdome of Scotland inthralling of the same in subjection to themselves and beyond all their impious incroaching on the kingdome of Iesus Christ the liberties thereof and in promoteing establishing a vast tolleration in things religious throughout those nations unto the perverting of the precious truthes of the Gospell defaceing of the ordinances of Iesus Christ opening a wide door to all sorts of evill heresy schisme imprety prophanenesse How abhominable these things were to us the Lord who searcheth the heart tryeth the reâ—…es doth know against which we gave many publike testimonies before the world to witnesse our abhorrence thereof And the same Lord knoweth that as we did earnestly pray for breath after his appearing to witnesse against those so saveing that Christian pity and compassion we owe to the persones of men though our very enemies we rejoyce in his putting down of them that did set up themselves in staineing the pride of their glory in breaking the yoke of their power from off the necke of these Kingdomes We hold our selves also bound thankfully to acknowledge the Lord's signall preserving of your Maj. person in the middest of many fold dangers designes threatening the same these years past And that after long Exile from your own house people he hath been pleased to bring you back to the same And when the foundations of the ancient civill goverment were overthrown againe
furder proceeding in these things which grieve the Spirit of God and give offence to your Maj. good subjects who are engadged with you in the same Covenant and work of reformation And that your Maj. for establishing the hearts and strengthening the hands of these who are faithfull in the work of the Lord for quashing the hopes endeavours of adversaries would be pleased to give publick signification of your approbation of the Covenant And of your purpose to adhere unto the same to carry on the work of God in these Kingdoms according thereunto that your Maj. eyes may be upon the faithfull of the land that they may dwell with you We hope your Maj. will not take offence 〈◊〉 we be the Lord's remembrancers to you That you were pleased a little before your coming to this kingdom afterwards at the time of your coronation to assure declare by your solemne Oath under your hand seal in the presence oâ—… Almighty God The searcher of hearts your allowance approbation of the Nationall Covenant the Solemne League Covenant faithfully obligeing your self to prosecute the ends thereof in your station calling that your Maj. for your self Successours should consent agree to all acts of Parl. enjoyning the nationall Cov Solemne League Cov. fully establishing Presbyteriall Gov directory for Worship confession of faith Cathecismes in the Kingdom of Scotland as they are approven by the Gen. Assemblies of this kirk And Parliaments of this Kingdom And that your Maj. should give your Royall assent to acts ordinances of Parl. past or to be past enjoyning the same in your Maj. Dominions that yow should observe these in your practice family should never make opposition to any of those Nor endeavour any change thereof And we desire to be persuaded that no length of time hath made your Maj. forget Or weakened in your Maj. heart the sense of the obligation of the great solemne Oath of God in the Covenants Yea that the afflictions where with God hath exercised your Maj. these years past the great wonderfull deliverance that of late he hath granted unto you hath fixed deeper Impressions upon your heart spirit that among all the kings of the earth Reformation of Religion shall have no greater friend then your Maj Yea that as yee are more excellent then the kings of the Earth in regaird of the purity of profession solemne engadgments unto God And long exercisednesse with manifold afflictions in the Lord 's setting you over these Kingdomes which are not only thorow grace the first fruites of the gentiles But also are among all we know in the World the most eminent for the power purity of the Gospel So shall your Maj. in your Princely Station dignity excell them in the zeal of God for the Kingdom of Iesus Christ And that by how much more your Maj. by the constitution good hand of the Almighty is lifted up above the sphere of your subjects by so much more shall your motion be more vigorous active unto the carrying about by the influence of your royall Head by your example all the Orbs of inferiour powers persones in these kingdomes in subordination to God your Maj. in the practice of godlinesse vertue It is the desire of our soul that your Maj. may be like unto David a man according to Gods own heart Like unto Solomon of an understanding heart to judge the Lord's people to discerne betwixt good bad Like unto Iehosaphat whose heart was lifted up in the wayes of the Lord Like unto Hezekiah eminent for godlinesse and integrity Like unto Iosiah who was of a tender heart did humble himself before God when he heard his word against Ierusalem the inhabitants of Iudah and not only made a Covenant before the Lord to walk after the Lord and keep his commandements with all his heart and with all his soul to performe the Covenant but also caused all that were in Ierusalem Benjamin to stand to it took away the abomination out of all the countreyes that pertained to all the children of Israël and made all that were present in Israël to serve even to serve the Lord their God So shall your Maj. inherite the honour blessing of these kings upon the earth and their happinesse in heaven So shall your Maj. person be preserved your government established over these kingdomes Which is the unfeigned desire and fervent supplication of your Maj. most humble loyall subjects Now the Reader having considered this humble addresse and supplication may judge if there was any thing therin either treasonable or seditious reflecting on his Maj. on the government of the kingdom of England or the constitution of the present Committy of Estates or any thing tending to the raiseing of new tumults and re-kindleing a civill warre among his Maj. good subjects as their enemies were pleased to give it out oâ—… which did deserve imprisonement yea whether it was not their duty the duty of all the Ministers of Scotland to be thus faithfull in giving timeous warning and faithfull exhortation unto their Prince that they might have prevented as much as lay in them the sad defection which was then feared indeed followed thereafter Nether let any say that such things might well be gathered from their other letters for they had nothing beside that letter save some scrols of a letter and some instructions to one of their number for no other purpose then for the communicating of the supplication unto the Ministers of their judgment in severall Presbyteries within the Synod of Glasgow for desiring their approbation thereof concurrence therein This is one sad dispensation But it is only the beginning of sorrow of much woe following SECTION IIII. The suffering of the Noble Marquise of Argile who was executed the 27 Day of May 1661. examined by law WHile the Parliament is in hand with reverend Mr Guthriâ—… who had been a prisoner since the 23 day of August 1660 of whom mention shall be made in the next section They have also the worthy renowned Marguese of Argile among their hands who though he had a maine hand in bringing home the king closeing the second treaty at Breda yet while he is going up to London after the kings late returne from exile to congratulat his Maj. returne is made prisoner in the Tour of London thereafter is sent down to Scotland indited of heigh treason before the Parl. at length is beheaded his head is stuck up upon the tolbooth of Edenburgh Questionlesse strangers will think it behoved to be some great matter for which the life of such an eminent famous nobleman who had been so renowned at home abroad for his faithfulnesse and constancy in carrying on the work cause of God was taken But the very truth is what ever
any subject noble Man or other was accused of high treason for such a cause surely this noble Mans case was unparalleled 3. Is not this strange considering what the principle of Royallists is They say that Conquest giveth a just tittle to a crown So sayeth D. Ferne Aâ—…nisaeus Maxwell in his Sacro Sancta Regum Majestas Cap. 17. And by this principle Cromwell was the lawfull supreme Governour of the Kingdome of Scotland and had just tittle right to the Crowne thereof having now conquered the same if this principle of theirs be true which is much questioned by their opposites no complyance with him could by any law in the World be treason against any Prince whatsomever for obedience unto concurrence with a lawful supreme Magistrat can be treason against no man living How then could this noble Man be challenged upon the account of treason for complyance Let all the Royalists answer this without contradicting themselves if they can 4. Is there any lawyer who can produce such a definition of treason against a Prince or a supreme Magistrat out of the civil law as will condemne the deed of this worthy noble Man make complyance with a conquerour for the good saifty of the countrey after all meanes of defence are broken lost an act of treason And since the civil law can condemne no such deed as treasonable the sentence given out against his noble Man must be without all warrand of law 5. Are there not many countreyes Kingdomes cities that have been overrun by their enemies have had their own lawfull Governours put from them so have been forced to live under the feet of strangers hath it not been usuall for them to comply with such as had the present power in their hand for their own saifty the good of the place And was it ever yet heard that such were accused condemned of â—…reason against their own lawful Governours thrust from them sore against their wills for any such complyance And is it not wonderful that this eminent noble Man should become a preparative unto all the World So then to put a close to this let an appeal be made to all Governours of Commonwealths Statesmen Lawyers Casuists Politicians Canonists Quodlibâ—…tists yea Royalists if they will speak consonantly to their own principles their answer interloquutour be had in point of law unto this question Whether or not when a land is overcome in battel once againe a thrid time a fourth time so aâ—… they are forced to lie under the feet of the conquerour and expect his mercy their own supreme Magistrat is forced to flee away for his life without all hope of returning so they left without all goverment but what they have from the conquerour when it might have been expected that he would have ruled them disposed of them jure conquestus as conquered according to his own pleasure yet he did admit such as they thought sit to choise to sit in his supreme Councel for giving their advice for regulating the affaires of that Kingdom common wealth which is now conquered subdued Can it be treason in any when chosen by the countrey to sit in these Councells advise what they think best for the good of the countrey Or can they or any of them be challenged or accused condemned as guilty of heigh treason when providence bringeth back the prince after ten yeers absence for acting so under the conquerour for the good of the land to prevent its utter ruine destruction And if the answer shall as certainly it will be negative then it is beyond all question that the sentence execution of this worthy noble Man upon this sole account shall be matter of astonishment to all that hear of it know the cause thereof Thus a great prince falleth within five dayes therafter a great prophet falleth as shall be shown in the next section SECTION V. The groundes of the suffering of Mr Iames Guthry Minister at Sterlin who was executed the first Day of Iune 1661. examined AFter the parliament is assembled Mr Iames Guthry minister at Sterlin who was one of those ministers who were incarcerated for the cause above mentioned Sect. 3. who after some weeks imprisonement in the castle of Edenburgh was carryed thence imprisoned in Dundee from thence is sent for by the parliament impannalled before them being accused of high treason He was a man who had been honoured of God to be zealous singularly faithfull in carrying on the work of reformation had carryed himself streightly under all changes revolutions because he had been such an eminent one he must live no longer for he is condemned to die most basely handled as if he had been a notorious thief oâ—… malefactor he is hanged afterward his head is stuck up upon one of the ports of the city of Edinbrugh where it abideth unto this day preaching the shamefull defection of these who dealt thus with him calling to all who goe out in at the gate of the city to remember their covenant with God for which he died a martyr But it is like many will think it behoved to be some great crime for which this eminent servant of the Lord was thus handled but what if it be no such crime yea what if it was a duty for which he was thus put to suffer Reader thou shall hear ir then thou mayest judge Some ten years before he was challenged by the King his councell for a doctrinall thesis which he had maintained spoken to in sermon because he found them incompetent judges in matters purely ecclesiasticall such as is the examination and censureing of doctrinall poynts primo instanti he did decline them upon that account This is his crime for this he is condemned as guilty of high treason this will be the more wonderfull if thou consider how as thou hast heard many worthy precious servants of christ did decline the King his councell in the dayes of King Iames such as Mr Baleanqual Mr Melvin Mr Blake Mr Welch Mr Forbes others as incompetent judges in causes meerly ecclesiasticke and yet ther was never one of them put to death It is true there was an act of Parliament Anno 1584. dischargeing such declinatures under the paine of treason but the very next year Anâ—…o 1585. King Iames himself did emit a declaration shewing that he for his pairt should never that his posterity ought never to cite summond or apprehend any paster for matters of doctrine in religion salvation heresies or true interpretation of scripture but avoucheth it to be a mater meerly ecclesiasticall altogether impertinent to his calling Which though not equivalent to an Act of parliament yet whether
objections how he cleareth it from Act. 7 51. Hos. 2 1. Dan. 3. 6. Act. 4. 5. 6. Hos. 4. 15. Iud. v. 23. About this same time there is another minister banished indictâ causà for while he was going towards Irland upon some particular occasion he was brought back By the command of the committee of Estates committed to prisone untill the meeting of Parliament then receiveth summones of treason to which when he had desired some time to answere he is sent back to prisone when he expecteth to be called upon to give in his defences he was sentenced with banishment out of his Maj. dominions And which is more to be wondered at Neither these two ministers nor any other who were afterward banished as shall be showne could ever to this day get an extract of their sentence which no judicature in the world could ever have refuised in equity justice yea because the power of the Parliament Councell of Scotland could reach no furder then their own bounds so could banish none any further then out of Scotland they devise another way draw up a bonde where in the subscriber bindeth himself under the paine of death to remove out of all his Maj. dominions betwixt such a day not to returne without license under the paine of death this bond they caused the banished ministers subcribe before witnesses which they were all necessitated to do to save themselves from worse Judge reader if this was not both cruell unreasonable SECTION VII Concerning their sufferings who refuised to observe the Anniversary Day AMong other Acts of the first Session of Parliament there is one for a solemne anniversary thankesgiving wherein they statute ordaine That in all time coming the twenty ninth day of May which was the day of â—…his Maj. birth restauration to his government be set a pairt as a holy Day unto the Lord that in all the Churches of the Kingdome it be imployed in publick prayers preaching thankesgiving praises to God for so transcendent mercies that all trade merchandise work handy-labour other ordinary imployments be forborne the remaineing part of the day spent in such lawful divertishments as are suiteable to so solemne an occasion Unto which Act many of the ministry did give obedience out of fear But others could not in conscience yeeld thereunto not only because it is not in the power of any under heaven to appoint anniversary holy Dayes the Creator alone having reserved that power into his own hand to consecrate any portion of time he pleaseth make it holy So as holy duties must attend it as holy duties acts of worship attend the Sabboth-day the only holy Day which is now warranted by the Word of God It is true the Church may when God by his providence is calling to mourning to fasting or to thankesgiving set some time a pairt for these duties of praying or rejoiceing but then the time doth attend the dutyes called for the duties doe not attend the time as they do the Lord's Day But also because of the grounds reasons of the solemnizeing of that Day which are contained in the narrative of the act unto which no man who had not made shipewrak of faith of a good conscience could consent as every one may see who will but ponder the Act a part whereof to give but a taste of the whole followeth The â—…states of Parliament of the Kingdome of Scotland taking to their câ—…sideration the sad condition slaverie bondage this ancient Kingdome hath groaned under durcing these twenty three years troubles in which under the specious pretences of reformation a publick rebellion hath bâ—…en by the treachery of some mispersuasion of others violently carryed on against sacred authority to the ruine destruction so far as was possible of Religion the Kings Maj. his Royal Government the laâ—…es liberties property of the people all the publick private interests of the Kingdome So that Religion it self hath been prostitute for the warrand of all these treasonable invasions made upon the Royall Authority And disloyal limitations put upon the alleagiance of the subjects c. By which what followeth it may be obvious to all who read consider the said Act. That none could so much as preach on that day or give any countenance to such a work unlesse they would condemne all which had been done for twenty three yeers space in carrying on of the work of Reformation as being the height of treachery rebellion designedly purposely carryed on under the specious pretexts of Reformation And what faithfull Minister durst adventure on that to condemne King Parliaments Church State themselves too as treatours rebells unworthy to live any longer Can any expect that Ministers before they be convinced of a fault should be so rash unadvised as to goe to pulpites with ropes about their necks declare before all that they had been so long possibly all their dayes as to some young men living a life of rebellion against the lawfull Magistrat carrying on a course of â—…rebellion to the ruine of Religion King Kingdome And can it be expected in reason that such as refused to countenance that day should be condemned by any who shall but seriously consider what are the consequences of such a complyance Neither let any say that it was out of disrespect to his Maj. that any Minister did refuise to countenance the work of that day For all of them did willingly keep a day of solemne thankesgiving at his coming home And Presbyteries Synods did chearfully appoynt dayes for that effect That which the famous learned Voetius observeth concerning such dayes in his Polit. Pag. ult viz. That it may come to passe that the time when such an anniversary day should be keeped may be a time when God calleth for fasting mourning then such may look for that woe Isa. 22 12 13. As rojoyce when they should mourne is considerable whether it was a fit season then to rejoyce or not let the Reader judge when he considereth that upon the Monday before that anniversary day the famous Marquis of Argile was executed upon the Saterday thereafter Faithfull Mr Guthry was put to death And that also which he sayeth against Ministers keeping a sinfull fast Pag. 993. Holdeth good here for Ministers were clear that this was against the common cause of God And therefore many who could not satisfy themselves with some fine distinctions evasions to reconcile themselves unto the publick lawes resolved with the primitive Christians to hazard their reputation of loyalty as Stillingslcet sheweth in his Origines Sacra Pag. 321. rather then to countenance such impiety SECTION VIII The grounds why Ministers did resuise to goe to the Prelats Courts cleared A Little after his Maj. returne he was pleased to write unto the Presbytery of
Edinburgh who were to communicat it unto the rest of Presbyteries of the Kingdom a gracious letter as it was called wherin he promised to owne to countenance the government of the Church as it was established by law wherby many took him to meane Presbyterian government But others feared a designe to overturne Presbyterian government to introduce Prelacy as afterward it came to passe when the Parliament did rescinde all acts statutes made in favours of Presbyterian government did devolve the power of setling the government of the Church upon his Maj. they did by their Act. 16. allow the present administration by Sessions Presbyteries Synods for a time But at length Mr IamesSharpe a man who had formerly been intrusted by severall of the Ministry confided in as one who would prove most faithfull unto the Presbyterian interest but now had betrayed his most intimat brethren laid down a course for overturning his mother Church therby declared that he was a most unnaturall childe of that Church other three Ministers with him went up to London wâ—… first being made ordained Deacons after that Presbyters they are consecrated Bishops upon the day of 1661. with all there is a proclamation from his Maj. of the date at Whitehall the 6 of September Anno 1661. declareing His Royall pleasure to be for restoreing of the government the Church by Archbishops Bishops as it was exercised in the year 1637. that he had nominated presented persones to the severall Bishopricks of the Kingdome of Scotland of whom some have been lately consecrated invested with the same dignities Church power authority which was formely competent to the Archbishops and Bishops in the Reignes of his Royall grand Father and Father of blessed memory and that the allowance of Presbyteriall government is now of itself void and expired as being only for a time c. And so the jurisdiction and exercise of Church government should be ordered in there spective Synods Presbyteries and Sessions by the appointment authority of the Archbishops and Bishops according to their privilege practice In obedience to which proclamation The Privy Councell Ian. 9. 1662. did make publick intimation thereof discharge all ecclesiasticall meetings in Synods presbyteries sessions untill they be authorized ordered by the Archbishops Bishops upon their entry unto the government of their respective seas which is to be done speedily Wherupon at the time of the meeting of the provinciall Synods noblemen others were sent to raise them by force But therafter when these foure returne from London consecrat the rest there were acts made in the second session of Parliament viz. Anno 1662. redintegrating them to the exercise of their episcopall function to all their privileges dignities jurisdictions possessions due formerly belonging thereunto as also there is an act ordaincing all ministers to repaire unto the diocesian assembly concur in all the acts of Church discipline as they should be therunto required by the Archbishops or Bishop of the diocese under the paine of being suspended from their office benifice till the next diocesian meeting for the first fault if they amended not to be deprived the Church to be declared vacand But notwithstanding of this act all such ministers as resolved to keep a good conscience did forbear to goe unto these meetings or unto the other meetings which they call exercises in which meetings the prelate such as he named did not only preside but ruled as they pleased Not only because the privileges of the judicatories were encroached upon wronged by the Prelate presideing at his own hand without the consent of the rest contrary to the constant practice of that Church because a constituent member of these judicatures viz the ruleing elder was excluded contrare to the principles of presbyterian government the practice of that Church from the begining the practice of all other reformed churches of the primitive Church contrary to the judgment of many eminent divines both there and abroad who have clearly made it to appear out of the scriptures that Christ hath instituted such officers and these should have more weight then those three mentioned by the author of the Seasonable case pag. 11. as of another judgment But also because these meetings now differ from the meetings judicatories which the Church had before not only in name they being now called doâ—…sian meetings not Synods Presbiteries but also in thing The former judicatories are razed overturned these new meetings are erected upon a new Basis the Kings power perogative to setle what forme of Church government he thinketh best they are now authorized ordered by the prelates so they are pieces partes of the prelaticall government therefore they are distinct from what they were before So that no minister that made conscience of his covenant vow for presbyterian goverment against prelaticall could with peace freedome keep or countenance these meetings It is replyed by the prelates procurator the new casuist in his pamphlet called the seasonable case etc. pag. 12. That the meetings now before are of the same constitution nothing altered nor any more holding of Bishops now when the Kings Maj. hath taken off the restraint which for a time he putt on then if he had not at all restrained them But this is no satisfactory answere his meet deny all will not availe much with indifferent men of understanding for the difference is clear because 1. formerly Church judicatories had power within themselves to nominat appoynt their own moderator now it is not so 2. Formerly Church judicatories Church power did flow from the Lord Iesus Christ immediatly as being the only head of his Church now they flow from another fountaine viz the King as the fountaine of all Church power therefore is the goverment called his majesties governement ecclesiasticall in the Act of councell Iuly 10. 1663. the prelats in the discharge of their office are said to do service to his Maj. in the Church in the act of councell Ian. 9. 1662. 3. Formerly Church judicatories did meddle with every scandal now they must meddle with no more then the prelat pleaseth 4. Formerly presbyters had power to voyce to determine by their decisive suffrage now they are but the prelates counsellours of whose counsell advice he maketh what use he thinketh fitt 5. Formerly there was none in those judicatories who had a negative voyce now the Bishop hath it the rest are but cyphres 6. Formerly in these judicatories ther were ruleing elders but now that constituent member is not admitted which particular alone will sufficiently evidence that the face frame of the judicature is altered And since it is so any man of understanding may easily perceive such a difference as maketh those meetings now to depend upon
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
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
fit necessary it is for the honour service of almighty God the good quyet of the Church the better government thereof in unity order That there be a National Synod Assembly duely constitut within this kingdome Hath therefore appoynted declared by these presents appoynts declares That there shall be a National Synod of the Church of Scotland And that this Synod for the lawfull members thereof shall consist be constituted of the Archbishops of St Andrews Glasgow the remanent Bishops of these two Provinces of all Deanes of cathedrall Churches Archdeacons of all the moderators of meetings for exercise allowed by the Bishops of the respective dioeceses of one Presbyter or Minister of each meeting to be chosen elected by the moderator plurality of the Presbyters of the same And of one or two from the University of St Andrews one from Glasgow one from the King's colledge one from Marshells colledge of Aberdeen one from Edinburgh And this Synod thus constitut is to meet at such times in such places as his Maj. by his proclamation shall appoynt And is to debate treat consider consult conclude determine upon such pious matters causes things concerning the doctrine worship discipline governement of this Church as his Maj. under his Royal hand shall deliver or cause be delivered to the Archbishop of St Andrews president of the said Nationall Assembly to be by him offered to their consideration The Estates of Parliament do humbly recognosce acknowledge his Maj. Royall power prerogative afore said with the piety justice prudence of his Maj. resolution therein Like as his Maj. with their advice consent doth hereby establish ratify confirme this constitution of a Nationall Assembly as the lawfull constitution of the Nationall Synods Assemblies of this Church His Maj. or his Commissioner without whose presence no Nationall Synod can be keeped being alwayes present declareth that no Act canon order or ordinance shall be owned as an ordinance of the Nationall Synod of the Church of Scotland so as to be of any effect force or validitie in law to be observed keeped by the Archbishops Bishops the inferiour Clergy all other persons within the realme as far as lawfully being members of this Nationall Church it doth concerne them but that which shall be considered consulted agreed upon by the president major part of the members above specified It is alwayes hereby provided that nothing be enacted or put in execution by authority of a Nationall Synod within this Kingdome which shall be contrary to his Maj. Royall prerogative or to the lawes of the Kingdom that no act matter or cause be debated consulted concluded upon but what shall be allowed approved confirmed by his Maj. or his Commissioner present at the said Nationall Synod In which Act these things are remarkable 1. That Church Assemblies may not meet without his warrand 2. The King or his Commissioner are essentiall constituent members thereof 3. That the King hath power to appoynt the very constituent members of the Synod 4. Ruleing elders are excluded out of Church judicatories 5 That the constant moderator hath a more then ordinary voice in the exercise for the member to be chosen there must be elected by him the major part of the rest 6. Nothing can be agreed upon without the consent of the Archbishop of St Andrews thus he hath a negative voice 7. Nothing must be debated either concerning doctrine worshipe discipline or government but what his Maj. pleaseth 8. Nothing must be concluded but what his Maj. or his commissioner doth approve confirme 9 All this is founded on his supremacy 10. And his supreme authority over all persones in all causes his prerogative royall are declared to be all one 5. There is another commission granted for the heigh commission a part whereof followeth Our Soveraigne Lord ordaines a commission to be passed exped under his Maj. great seall of the Kingdome of Scotland making mention That in consideration of the multiplicity weight of Church affaires of the Estate incumbent upon the Lords of privy councell so as they cannot attaine the due execution of the lawes to the effect that the disorders contempt of authority may be timeously suppressed His Maj. by vertue of his prerogative in all causes over all persons as well ecclesiastike as civill has given granted like as his Maj. by the tenor hereof giveth granteth full power commission to the Archbishop of St Andrews The Lord chancellour L. treasurer archbishop of Glasgow Duk Hamilton Marques of Monâ—…se c. or any five of them an Archbishop or Bishop being one of the number To summon and call before them all contemners of the discipline of the Church for that cause suspend deprive and excommunicat all keepers of conventicles c. to appoynt ministers to be censured by suspension and deposition and punished by fineing confineing and incarcerating them and all other persons who shell be found transgressours as aforesaid c. Out of this Act these things are remarkable 1. Here is a mixed court made up of Church men civill men 2. A court medling both with civil ecclesiastick punishments for they have power of deposeing excommunicating fineing and imprisoneing 3. A court founded upon his Maj. prerogative in all causes over all persons as wel ecclesiasticke as civil 4. An Archbishop or Bishop is sâ—…e quo non one of those with four others may do all themselves By what is said something of the meaning of this oath according to their sense who tender it may be discovered the bussinesse being so clear much time needeth not be spent in handling that long tedious controversie concerning the Magistrats power in Church matters Onely a hint at some few things as reasons why this oath thus tendered explained could not be taken will be sufficient 1. By this meanes they should upon the matter have affirmed that the King was head of the Church for it is clear that he assumeth to himself power of appoynting new officers in Christ's house new courts judicatures which Christ did never appoynt of committing Church power to whom he will of appoynting what forme of Government in the Church he thinketh fit modelling the constitution of Church idicatories appoynting who shall be members who not who members siue quibus non of limiting the bounds of their procedour by appoynting what they shall treat of what not of puting life in their canons constitutions c. Thus all Church power shall flow from him he shall become the head of the Church under Christ the same way that he is head of the commonwealth under God And indeed the prelate their creatures are not ashamed in their publick prayers to stile the King head of the Church Now could any faithfull
integrity of the parliament is restored particularly act 40. the King doth faithfully promise to do or command nothing which may directly or indirectly prejudge the liberty of free voteing of the Estates of Parliament But 2. It will be objected That all this supremacy was acknowledged by the Parliament 21. Anno 1612. when the Acts of the Assembly at Glasgow Anno 1610. were ratified among which this was one that Ministers should swear the same oath which was tendered by this Parliament which is there set down Ans. It is true it was appoynted by that pretended Assembly that Ministers at their entry or admission to the Kirk should Testify declare that the King was the only supreme Governour of the realme as well in matters Spirituall Ecclesiasticall as in things temporall c. And it is true this Parliament did ratify approve this deed so that it had the force of a law But 1. There is a great difference betwixt such a civill sanction as this is an other Act of Parliament other Acts stand in force untill they be repealed but when the Church constitution which is the ground Basis of the civill sanction ceaseth the sanction ceaseth the Act perishâ—… without any formall repeall The Act ratifying approveing the deed of a Church judicature standeth in force no longer then the deed of the Church judicature standeth in force the deed of a Church judicature may be altered without any respect had unto the civill sanction or notwithstanding that the civill sanction is not formally removed because the civill sanction did follow depend upon the Church Act the Church Act doth not depend upon the civill sanction 2. It is not incumbent unto a Church judicature to determine the limites of the King 's civill supremacy far lesse to determine the same in the first place this pretended Assembly was more anxious about the King 's Ecclesiastick supremacy then the civill it was his supremacy in Church matters which was here intended by them approved by the Parliament And therefore it is added And that no forraigne Prince State nor Potentat hath or ought to have any jurisdiction power superiority preheminence or authority Ecclesiasticall or Spirituall 3. What ever civill supremacy may be supposed to be here included there is no supremacy over Parliaments acknowledged But any civill power that is here recognosced as his due is in opposition to forraigne Princes States or Potentats not to Parliaments within the Kingdom If it be said that the oath tendered by this Parliament Anno 1661. being every way correspondent unto that oath which is recorded Parliament 21. Anno 1612. can import a recognosceing of no more civill power then that Anno 1612. therefore might lawfully have been sworne It is replyed That the oath Anno 1661. is more expresse for civill power supremacy then that An. 1612. But if there had been no more then the words of the oath Anno 1661. there had not been very great ground of scrupleing at the taking thereof upon the account of the civil part for it is not the words of the oath that ground that scruple upon that account so much as the glosse put upon the words by their other acts particularly by the act for acknowledging his Maj. prerogatives which as a commentary explaineth what they meane by his being supreme governour over states civil in all causes civil Now the like of this was not done by the parliament Anno 1612. Or any other before or since that time till this parliament Anno 1661. which hereby hath put another glosse upon the civil part of the oath then ever was done before But. 3. It will be objected May not Parliaments give more civil power unto the King then he had before so enlarge even intensivè the privileges prerogatives of the crown so denude themselves of that in whole or in part which did formerly appertaine unto them And when the Parliament hath done this annexed such such power unto the crowne can it be unlawfull for privat subjects to acknowledge that the King hath indeed so much power Ans. in poynt of law it will be a very great question whether Parliaments who are but trustees intrusted by the people whose commissioners they are virtually if not expresly bound to maintaine their rights privileges may betray their trust give away the iust ancient privileges of Parliament there with the just ancient liberties of the people It will be agreat question if they at their own hand may alter the foundamentall lawes of the land without the consent of these whose commissioners they are And it will be a greater question in law if this Parliament might have sold or given away the privileges of Parliament liberties of the people seing so much in poynt of law may be objected against its being a free Parliament if the want of freedome of election in shires brughs if prelimitation if the election of such as were not capable by the foundamentall constitution of Parliaments practice of the Kingdome other informalities of that kinde may have any place or weight in the anulling of Parliaments But. 2. In poynt of conscience it is clear that Parliaments may not now give away according to their pleasure dispone of the rights privileges of Parliament for in the third article of the league covenant all the people of the land Parliaments among the rest are sworne to maintaine in their severall places capacities so Parliaments in their Parliamentary capacitie the rights privileges of Parliament 3. Though the Parliament not with standing of the bonde of the covenant should denude themselves of their privileges yet now seing every particular member of the Kingdome is sworne according to his place station to maintaine the rights privileges of Parliament they may not assent unto such a deed of the Parliament by their oath subscription approve of such a wrong for that is the least that private persons who desire to minde make conscience of the oath of God can do at such a time viz. to refuse to give an expresse clear positive assent unto such a wrong done to the rights privileges of Parliament contrary to the covenant But 4. All this is to little or no purpose for there is not the least syllabe in all the Acts of this Parliament which doth import any new deed of gift but all alongs they speak of these prerogatives as formerly inherent in the crown yea as essentiall to it hence it is that they condemne the actings of the Parliaments Kingdome of Scotland these many years by gone because done in such away as was an actuall insolent as they say incroachment invasion upon the privileges prerogatives of the crowne Obj. 4. The acknowledging of the prerogative is distinct from the oath of allegiance therefore seing they were
Church is lawfull when the case so falleth out that union cannot be keeped up with her with out sin much more will a forbearing to hant the ordinances in such a particular parish to attend the Ministerie of such a particular person be iustified as no sinfull separation when the contrary cannot be done without siâ—… so it is in this case as hath been showne above Reverend Famous Doct. Voâ—…tius 〈◊〉 Eccles. Pag. 68. Quaest. 17. Granteth that upon some such occasion one may â—…bstean from explicite communion with a particular Church for these reasons 1. Such communion is not absolutly Necessary necessitaâ—… Mediâ—… nor yet necessitaâ—… praeceptâ—… when the Christian shall have more peace of conscience free exercise of Christian duâ—… else where 2. such persons may keep communion with other purer Churches in other places And Famous Mr Rutherford in his due right of presbyteries Pag. 253. Pag. 254. Where he is laying down some considerations about the degrees of separation sheweth us That there is a separation negative or a non union as That in Augustin's time when the faithfull did separate from the Donaâ—…sts which is lawfull landable now if there be a separation here it can only be a negative separation not a positive separation He sheweth us againe ibid. That there is a separation from the Church in the most worst part a separation from the least best part that these who separate from the worst greatest part do notwithstanding remaine a part of a part in the visible Church because they do not separate from the Church according to the least best part thereof as the godly in England who refused the popish ceremâ—…nies Aâ—…tichristian Bishops Hence it will follow that though now people should withdraw from communion with the greatest part of the Church which is now corrupted they cannot be accounted separatists because they hold still communion with the better though lesser part Moreover he sayeth Pag. 254 255. That there may be causes of non-union with a Church which are not sufficient causes of a separation as before the jewes came to blaspheme openly as they did Act 1â—… 44 45 46 18. 16. there was no just cause why any should have joyned to the Church of the jewes seing there was a cleaner Church to which converts might joyne themselves Act 2 40 41 42. And whether or not the reasons formerly laid down will be a just cause of non union which is all we plead for let the reader judge Lastly he tels us ibid Pag. 255. When the greatest part of a Church maketh defection from the truth the lesser part remaineing sound the greatest part is the Church of separatists though the manyest greatest part in the Actuall exercise of discipline be the Church yet in the case of right discipline the best though fewest 〈◊〉 the Church For truth 〈◊〉 like life that retireth from the manyesâ—… members unto the heart there remaineth in its fountaine in case of dangere So that it is the Major part which hath made defection that is to be accounted separatists not such as stand to their principles though they cannot complye of joyne with the corrupt majoriti Hence it is aboundantly clear that such as refused to obey this Act cannot be accused as guilty of sinfull separation It will be objected thirdly That by refuseing to obey that Act they declare they look not on these men as Ministers if they account them no Ministers they must say that their baptizeing is no baptizeing also that the Church of Scotland now is no organicall Church And that such do well who refuse to bring their Children unto them to be baptized Ans. 1. Though it were affirmed positively as it is not that all of these men were no Ministers Yet it would not follow that the Church of Scotland were no organicall Church because all these ministers who are now violently restrained from exerceing their Ministeriall function are Ministers officers of the Church of Scotland though bound up from exerceing their office for as no deed of a Magistrat can loose a Minister's relation so long as his life is in him unto the Church universall so no deed of the Magistrats can loose a Ministers relation to the nationall Church whereof he is a member so long as he remaineth â—…vis regnâ—… is not banished out of that Kingdome Yea reverend Apollâ—…nius in his jus Majestatis circa sacra Par. 1. Pag. 331. thinketh that when a Minister is wrongously put from his charge by a Magistrat he remaineth still a Minister of that Church from which he is banished jure divino Because of his call hath a right to exerce all his Church power there as a wife ravished from her husband remaineth still his wife because of the marriage covenant which is inviolable therefore all these Ministers who are yet within the Kingdom are reall officers of the Church of Scotland full compleat officers as to the power only they are violently restrained from the actuall exercise of that power And therefore the Church of Scotland is still an organicall Church as a man is an orgâ—…nicall body when bound hand foot so as he can neither work nor walk But 2. Whatever may be thought ofsome of these men whose being reall officers in the Church of God as was said may much be questioned what sad consequences may follow upon the nulling of their office let these see to it who either send such forth or imploy them Yet as to all of them this forbearing to yeeld obedience unto this Act will not ground the consequence alledged For there is a difference betuixtthe not owneing dis-countenanceing of a man as no Minister at all or no Minister of the Church universall And dis-owneing or dis-countenanceing him as not being their minister in particular or as pastor of such a particular flock It is certane a man may be a Minister of the Church universall yet not the Minister of such or such a particular place It is certane a man's relation unto such or such a particular flock may be Changed by transportation when his relation unto the Church universall abideth And so it is certane that a denying of one to be a Minister of such or such a particular flock will not by any good consequence be a denying of him to be a Minister at all Many things may loâ—…se a Minister's relation to such or such a particular congregation which will not a null his relation unto the Church universall And when his relation to such a particular flock is loosed that particular flock is loosed from being a flock owneing him as their Minister for relata se muâ—…uo ponunt et tollunt And when such or such particular persons refuse to owne such a man as their pastor in particular it cannot be inferred that therefore they deny him to be a Minister at all Unlesse this consequence
hath a King or a Parliament Yea though there should be none of those this obligation would stand because mutato capite maneret idem corpus The subject would be permanent therefore the faith of Scotland being Engaged so long as Scotland is Scotland the Engagement standeth will not be dissolved The faith of the Medes being Engaged made it fare the better with their tributary cities even after the Medes did obtaine the Empire had their state changed So the publict faith of Scotland being Engaged by all persons in all capacities as long as there are any scotish men to succeed in those capacities the obligation standeth 2. Consider the very expressions of the covenant the â—…nd thereof it shall appear to be perpetuall reall publick in the preface there are these words having before our eyes the glory of God the advancement of the Kingdom of 〈◊〉 our Lord saviâ—…ur Iesus Christ the honour happinesse of the King's Maj. his posteritie the true publick liberty saiftie peace of the Kingdoms wherein every ones privat condition is included sure all this is a publick good a publick nationall good to be endeavoured by the Kingdom of Scotland in all future generations againe it is added for preservation of our selves our religion from utter ruine destruction So in the first article there are these words That we our posterity after us may as brethren live in faith lâ—…ve the Lord may delight to dwell in the middest of 〈◊〉 And in the second article there are these words That 〈◊〉 Lord may be one his name one in the three Kingdomes in the fift article there are these words we shall each one of us according to our place interest endeavour that these Kingdomes may remaine conjoyned in a firmâ—… peace and union to all posterity So that it is beyond all question that the scope intent of the covenant is publick nationall 〈◊〉 Consider the matter of the covenant this will yet further appear The very matter sheweth this for as was said it is about morall duties so though it were true that juramenti obligatio personam tantum obstringeret Yet ipsa promissâ—… haeredes obligaret for in ipsa promissione satis est efficaciae such a promissorie oath is of â—…orce to binde the posteritie So then this being a publick reall nationall covenant It must be a haiâ—…ous offence to transgresse it such an offence as their posteritie after them were bound to mourn for when they renewed as they were bound in conscience to do the same â—…fter the example of those mentioned Ezra 9 10. Neh. 9 10. 10. It will be the breach of covenants obligeing perpetually by the very persons who did solemnely sweare enter into these covenants This cannot but be a great aggravation of this crime If it would be a sin for their posteritie some 〈◊〉 of yeers after this to transgresse these covenants will it not be a greater sin for them to beak them in their own dayes's How unspeakably hainous must it be that the very persons who lifted up their hands swore as they â—…hould answere to God in the great day do run counter their own oath transgresse that Covenant Was it so great a sin for Saul to break that Covenant made with the Gibeonits as did provoke thâ—… Lord to send Three yeers famine his anger to burne sore against the land till Seven of Saul's posteritie were hanged up before the sun when this was Three hundred yeers or more after the Covenant was made would it not have been a greater sin if in Iosua's dayes he the very princes who made the Covenant had broken it Sure the posteritie after some hundereds of yeers might have said more for themselves have pretended ignorance or forgetsulnesse of the thing or some one thing or other which for shame the self same persons who entered into Covenant could not once mention So then it is beyond all question that this doth aggraige the guilt of this generation that it is the same generation for the most part which did sweare these Covenants that doth now break them seing they cannot yet be ignorant or forgetfull of the many evident demonstrations which God gave of his owneing of these Covenants both at the swearing of them afterward so long as people made any conscience of standing by them 11. It would be the breach of Covenants sworne with the greatest solemnities imaginable whether or not that be true That quanto crescunt c. as the solemnities do grow so groweth the oath Shall not be now debated though it seem a truth that solenne juramentum non magis obligat exse naturâ suâ quà m simplex that an oath accompanied with solemnities hath no stronger obligation of it self and in its own nature then a simple oath wanting such solemnities Yet as Doct. Sanders sayeth de jur Prom. obl Prael 5 § 12. The solemnities of the oath do aggraige the sin of perjurie necessaryly and inseparably for which he giveth two reasons 1. Because of the greater deliberation for these externall rites solcmnities are used of purpose to strike into the minde a greater reverence of the Action and a greater sense of religion that so the man might goe about the Action with greater attention deliberation and every sin caeteris paribus is the greater that it is done against a deliberat Act of the will 2. Because of the greater scandall for the more solemnely any thing 〈◊〉 done it is the more observed bymoe therefore the scandall is the more notorious pernicious Scripture is likewise clear for this as may be seen Ezek. 17. where the perjurie of that King is aggravated from this among other things v. 18. when lâ—… he had given the hand that is when he had solemnely engadged himself by this rite ceremony of giving his hand So 〈◊〉 34 19. when thâ—… sin of the breach of Covenant is spoken of this is mentioned that they passed between the parts of the calfe a rite used in making of solemne Covenants it was to have some beast or other divided in two the Covenanters were to passe thorow betwixt these parts And therefore the breach of those Covenants must be a horrible provocation for in them they gave as it were their hand to God when they lifted it up swore what more solemnity can be used about the making of a Covenant then was used at the making of these was there not here as may appear to any who will but look back to what is said upon this subject in the second Section a swearing unto the Lord with a loud voice with shouting and with trumpets and with cornets as it were as 2. Chron. 15 14. The transgressing of those Covenants must then be a sin unparallelable 12. Adde to these That it would be the breach of such Covenants against which
trust or commit their soulls unto a perjured man How can such an one who hath once so palpably perjured himself presume ever to set his feet within a pulpit againe And thus it is clear that this case maketh nothing against the Covenanters so the first assault which he hath made upon the Covenant is repulsed very easily The next ground which he layeth down is this That if the Covenant be not rigidly interpreted strained it will not hinder a complying with the present prelacy that upon these two grounds 1. At the time of the taking of the Covenant there was no such Church officers in Scotland as are mentioned in the 2. Article therefore Scotland did not need to swear to endeavour their extirpation And 2. The Parliament of England the giver of this oath intended nothing lesse then the extirpation of all kindes of prelacy Bishops in the Church for this he bringeth in the authors of the Covenanters plea Mr Baxter Mr Gataker Mr Vines as confirming this notion of his Unto all which a short answere may suffice for though it might be easily demonstrated that those men mentioned by him do not approve of that species of Episcopacy which is noâ—… set up in Scotland that they have said nothing whâ—…ch will speak out their judgment of the complyance of the. 2. Article of the league Covenant with the Scottish Episcopacy yet it doth not much concerne these in Scotland to search to try narrowly what is the judgment of any particular divine how eminent soever in England concerning prelacy Nor what sense or glosse they put upon the Covenant or upon any particular article thereof Though it is very probable that they will not put such a favourable interpretation upon that article as shall make it an interpretation not aequitate temperatam but Gratia corruptam Yea nor is it of much concernment to these of Scotland to search after the sense or glosse which the Parliament of England did put upon it though no difference can be apprehended betwixt their sense the sense of the Kingdom of Scotland seing they did not tender that oath unto Scotl. but they are to look rather unto the sense glosse which the Church state of Scotland in their publick meetings did put upon it it is clear that they intended no complyance betwixt the Covenant this prelacy Though it is true at the taking of the Covenant there was no such officers as are there named in Scotland Which is all the weak ground he goeth upon as to this particular yet albeit Scotland had gotten those unhallowed plants plucked up casâ—…en out they were not out of all fear of them The dangerous Estate of the Church Kingdom of Scotland at that time said they were not without feares that these plants might againe take rooting if the popish prelaticall malignant faction had prevailed in the Kingdomes And therefore they were called to fortifie themselves against those plagues evills by a solemne league Covenant But moreover doth not the very words of the second article expresly exclude the prelacy which is now in Scotland Is not the Church of Scotland at present governed by two Archbishops and by tuelue other bishops Have not those bishops their deanes their arch deacons c. And is not the 2d article expresly against such a government by such officers Who that hath eyes in their heads can doubt of these things Moreover will he suppose that the Church and state of the Kingdom of Scotland were such ignoramuses as to set down contradictories in the Covenant that when they had sworne to maintaine the discipline government of the Church of Scotland which himself will confesse was presbyterian in the first article in the second article had abjured a government in the Church inconsistent with presbyterian government should be thought with all to consent yeeld unto such an episcopacy as should be inconsistent with presbyterian government Which were in effect to say They swore to maintaine presbyterian government yet might receive another government distinct from inconsistent with presbyterian government And though they abjured prelacy yet not every prelacy for they might for all that accept of one sort of prelacy which yet should be inconsistent with presbyterian government But possibly this advocat saw he would be ashamed of such things therefore went to England to seek such help as he could finde but all the help he hath gotten there hath made little to his purpose Finally this author would do well to follow D. Sand. his advice ubi sup prael 2 § 9. where he discourseth thus when I say an oath is stricti juris that is to bâ—… understood thus that the meaning of the oath is to be keeped when the same is clear from the words And is not the sense of the 2d article of the Covenant as clear as can be But put the case it be dubious heare what he sayeth furder But when the meaning is doubtfull every one is carefully to take heed that they indulge not their own affections inclinations or give way unto toolax large a license of glosseing to the end they may with more ease loose themselves from the obligation of the oaths with which they are bound or give such a sense unto the oath or to any part thereof for their own profite advantage as no wise prudent man who is not concerned in the matter and so having no interest is at greater freedom to determine can be able to gather from the words themselves the reason is twofold one in respect of others and for fear of scandall lest any other who is weak bâ—… moved to think he may lawfully do what he seeth us do being ignorant of those subtilâ—…es with which alone we think to defend ourselvs from perjury The other in respect of our selves for fear of perjury which is a most grievous crime and which undoubtedly we bring upon ourselves if that more favourable interpretation deceive us This reason dependeth upon that generall most profitable rule in matters doubtfull follow that which is saifest thus he solidely judicously What he addeth here against the nationall Covenant shall be considered fully in the next Section When thus he hath spent his master pieces against this Covenant he cometh in end to try what his third last device will do that is to muster up some stragling faults which he espieth either as to matter or manner which though granted to him would not much advantage his cause or say much for looseing the obligation of the oath now after it is taken Yet because he vapoureth much in his expressions here would gladly deceive the simple who are not well acquanted with the nature of oaths but are ready to think that the least escape in the manner of entering into an oath is enough to dissolve its obligation after it is taken not knowing that
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
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