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A29197 A fair warning for England to take heed of the Presbyterian government of Scotland as being of all others the most injurious to the civil magistrates, most oppressive to the subject, most pernicious to both : as also the sinfulnesse and wickednesse of the covenant to introduce that government upon the Church of England / by Dr. John Brumhall [sic], Lord Arch-Bishop of Armagh and Primate of all Ireland.; Fair warning to take heed of the Scotish discipline Bramhall, John, 1594-1663. 1661 (1661) Wing B4220; ESTC R4624 33,023 44

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and twenty others had been taken it would not have grieved the hearts of good people so much as these injurious proceedings The King still woos and conferres At last the matter is concluded That the King shall make a Declaration in favour of the Church that Mr Blake shall only make an acknowledgment to the Queen and be pardoned But Mr Blake refuseth to confesse any fault or to acknowledge the King and Councel to be any Judges of his Sermon Hereupon he is convicted and sentenced to be guilty of false and treasonable slanders and his punishment referred to the King Still the King treats makes Propositions unbeseeming his Majesty once or twice The Ministers reject them proclaim a Fast raise ● Tumult in Edenburgh Petition preferre Articles The King departeth from ●he City removeth his Courts of Iustice the peop●e repent the Ministers persist and seek to engage the Subjects in a Covenant for mutual Defence One Mr Walsh in his Sermon tells the people That the King was possessed with a Devil yea with seven Devils that the Subjects might lawfully rise and take the sword out of his hands The seditious encouraged from the Pulpit send a Letter to the Lord Hamilton to come and be their General He nobly refuseth and sheweth their Letter to the King Hereupon the Mini●ters are sought for to be apprehended and flie into England The Tumult is declared to be Treason by the Estates of the Kingdom I have urged this the more largely yet as succinctly as I could to let the world see what dangerous Subjects these Disciplinarians are and how inconsistent their principles be with all orderly Societies CHAP. V. That it subjects the Supreme Magistrate to their Censures c. FOurthly They have not onely exempted themselves in their duties of their own Function from the Tribunal of the Sovereign Magistrate or Supream Senate but they have subjected him and them yea even in the discharge of the Sovereign Trust to their own Consistories even to the highest Censure of Excommunication which is like the cutting of a member from the body Natural or the out-lawing of a Subject from the body politic● Excommunication that very Engine whereby the Popes of old advanced themselves above Emperours To discipline must all the Estates within this Realm be Subject as w●ll Rulers as they tha● are ruled And elswhere All men as well Magistrates as Inferiours ought to be subject to the judgement of General Assembli●● And yet again No man that is in the Church ought to be exempted from Ecclesiastical Censures What h orrid and pernicious mischiefs do use to attend the Excommunication of Sovereign Magistrates I leave to every mans memory or imagination Such cours●s make great Kings become cyphers and turn the tenure of ● Crown Copy-hold ad voluntatem Dominorum Such Doctrines might better become some of the Roman Alexanders or B●nifaces or Gregorius or Pius Quintus than such great Prosessors of Humility such great disclaimers of Authority who have inveighed so bitterly against the Bishops for their usurpations This was never the practice of any orthodox Bishop St Ambrose is mistaken what he did to Theodosius was no act of Ecclesiastical jurisdiction but of Christian discretion No he was better grounded David said Against thee onely have I sinned because he was a King Our Disciplinarians abhorre the name of Authority but hugge the thing their profession of Humility is just like that Cardinals hanging up of a Fishers Net in his Dining-room to put him in mind of his discent but so soon as he was made Pope he took it down saying The Fish was caught now there was no more need of the Net CHAP. VI. That it robs the Magistrate of his Dispensative Power FIfthly All supreame Magistrates do assume to themselves a power of pardoning offences and offenders where they judge it to be expedient He who believes that the Magistrate cannot with a good conscience dispence with the punishment of a penitent malefactour I wish him no greater censure than that the penall Laws might be duly executed upon him untill he recant his errour But our Disciplinarians have restrained this dispensative power in all such crimes as are made capitall by the judiciall Law as in the case of Bloud Adultery Blasphemy c. in which cases they say the offender ought to suffer death as God hath commanded And If the life be spared as it ought not to be to the offenders c. And the Magistrate ought to preferre Gods expresse commandment before his own corrupt judgement especially in punishing these crimes which he commandeth to be punished with death When the then Popish Earls of Angus Huntley and Erroll were excommunicated by the Church and forfeited for treasonable practices against the King it is admirable to read with what wisdome and charity and sweetnesse his Majesty did seek from time to time to reclaime them from their errours and by their unfeigned conversion to the reformed Religion to prevent their punishment Wherein he had the concurrence of two Conventions of Estates the one at Falkland the other at Dumfermling And on the other side to see with what bitternesse and radicated malices they were prosecuted by the Presbyteries and their Commissioners sometimes Petitioning That they might have no benefit of Law as being excommunicated Sometimes threatning that they were resolved to pursue them to the uttermost though it should be with the loss of all their lives in one day That if they continued enemies to God and his Truth the Countrey should not brook both them and the Lords together Sometimes pressing to have their Estates confiscated and their lives taken away Alledging for their ground that by Gods Law they had deser●ed death And when the King urged that the bosom of the Church should be ever open to penitent sinners they answered That the Church could not refuse their satisfaction if it was truly offered but the King was obliged to do justice What do you think of those that roar out Iustice Iustice now adayes whether they be not the right spawn of these Bloud-suckers Look upon the examples of Cain Esau Ishmael Antiochus Antichrist and tell me if you ever find such supercilious cruel bloud-thirsty persons to have been pious towards God but their Religion is commonly like themselves stark naught Cursed be their anger for it was fierce and their wrath for it was cruel These are some of those incroachments which our Disciplinarians have made upon the rights of all Supreame Magistrates there be sundry others which especially concerne the Kings of Great Brittain as the losse of his tenths first-fruits and patronages and which is more than all these the dependence of his Subjects by all which we see that they have thrust out the Pope indeed but retained the Papacy The Pope as well as they and they as well as the Pope neither barrel better Herrings do make Kings but half Kings Kings of the bodies not of the souls of
same also by consequence and moreover deprive us of the prayers of the Church and the comfortable use of the blessed Sacrament Thou canst deliver us to a Pursevant or commit us to the Black Rod they can deliver us over to Sathan and commit us to the prince of darknesse Thirdly for priviledges the priviledges of Parliament extend not to treason felony or breach of peace but they may talke treaso● and act treason in their pulpits and Synods without controlment They may securely commit not onely petilar●iny but Burglary and force the dores of the pallace Royall They may not onely break the peace but convocate the Subjects in armes yea give warrant to a particular person to conveen them by his letters missives according to his discretion in order to religion Of all which we have seen instances in this discourse The priviledges of Parliaments are the Graces and Concessions of man and may be taken away by humane Authority but the priviledges of Synods they say are from God and cannot without Sacriledge be taken away by mortall man The two Houses of Parliament cannot name Commissioners to sit in the intervalls and take care ne quid detrimenti capi at res● publica that the Common-wealth receive no prejudice But Synods have power to name vicars Generall or Commissioners to sit in the intervalls of Synods and take order that neither King nor Parliament nor people do incroach upon the Liberties of the Church If there be any thing to do they are like the fox in Aesops fables sure to be in at one end of it CHAP. XI That this Discipline is oppressive to particular persons TOwards particular persons this Discipline is too full of rigour like Dracos lawes that were written in blood First in lesser faults inflicting Church censures upon slight grounds As for an uncomely gesture for a vain word for suspition of covetousnesse or pride for superfluity in raiment either for cost or fashon for keeping a table above a mans calling or means for dancing at a wedding or of servants in the streets for wearing a mans hair ala mode for not paying of debts for using the least recreation upon the Sabbath though void of scandall and consistent with the duties of the day I wish they were acquainted with the practise of all other Protestant Countries But if they did but see one of those kirmess●s which are observed in some places the pulpit the consistory the whole Kingdom would not be able to hold them What dig●adiations have there been among some of their sect about starch and cuffes c. just like those grave debates which were sometimes among the Franciscans about the colour and fashion of their gowns They do not allow men a latitude of discre●ion in any thing All men even their Superiours must be their slaves or pupils It is true they begin their censures with admonition and if a man will confesse himself a delinquent be sorry for giving the Presbyters any offence and conform himself in his hair apparrell diet every thing to what these rough hewen Cato's shall prescribe he may escape the stool of repentance otherwise they will proceed against him for contumacy to Excommunication Secondly this discipline is oppressive in greater faults The same man is punished twice for the same crime first by the Magistrate according to the lawes of God and the land for the offence then by the censures of the Church for the scandall To this agrees their Synod Nothing forbids the same fault in the same man to be punished one way by the politicall power another way by the Ecclesiasticall by that under the formallity of a crime with Corporall or pecu●iary punishment by this under the formallity of scandall with spirituall censures And their book of discipline If the civill sword foolishly spare the life of the offender yet may not the Kirk be negligent in their office Thus their Liturgy in expresse termes All crimes which by the law of God deserve death deserve also excommunication Yea though an offender abide an assise and be absolved by the same yet may the Church injoyn him publick satisfacti●● Or if the Magistrate shall not think fit in his judgement or cannot in conscience prosecute the party upon the Churches intimation the Church may admonish the Magistrate publickly And if to remedy be found excommunicate the offender first for his crime and then for being suspected to have corrupted the judge Observe first that by hook or crook they will bring all crimes whatever great and small within their Jurisdiction Secondly observe that a delinquents triall for his life is no sufficient satisfaction to these third Cato's Lastly observe that to satisfie their own humor they care not how they blemish publickly the reputation of the Magistrate upon frivolous conjectures Thirdly adde to this which hath been said the severity and extreame rigour of their Excommunication after which sentence no person his wife and family onely excepted may have any kinde of conversation with him that is excommunicated they may not eate with him nor drink with him nor buy with him nor sell with him they may not salute him nor speak to him except it be by the license of the Presbytery His children begotte● and born after that sentence and before his reconciliation to the Church may not be amitted to baptisme untill they be of age to require it or the mother or some speciall frind being a member of the Church present the childe obhorring and damning the iniquity and obstinate contempt of the Father Adde further that upon this sentence letters of horning as they use to call them in Scotland do follow of course that is an outlawing of the praty a confiscation of his goods a putting him out of the Kings protection so as any man may kil● him and be unpunished yea the party excommunicate is not so much as cited to hear th●se fatall Letters granted Had not David reason to pray Let me fall into the hands of the Lord not into the hands of men for their mercies are cruell Cruill indeed that when a man is prosecuted for his life prehaps justly prehaps unjustly so as appearing and hanging are to him in effect the same thing yet if he appear not this pitifull Church will Excommunicate him for contumacy Whether the offender be convict in judgement or be fugitive from the Law the Church ought to proceed to the sentence of Excommunication as if the just and evident fear of death did not purge away contumacy CHAP. XII That this Discipline is hurtfull to all orders of men LAstly this Discipline is burthensome and disanvantagious to all orders of men The Nobility and Gentry must expect to follow the fortune of their Prince Vpon the abatement of Monarchy in Rome remember what dismall controversies did presently spring up between the Patricii and Plebei They shall be subjected to the censures of a raw heady novice and a few ignorant Artificers