Act against Baptismes August 17. 1670. and that made August 20. 1670. against withdrawing from publick meetings all tending to this End But notwithstanding of all thâ—se Midianit ish wiles and cruel Acts such was the presence of the Lord in the Assemblings of his people and so powerful was the Operation of his Spirit with the laboures of a few who laid out themselves to hold up the Standart of Christ though contrary to the Law of men that the number of converts increased and multiplied daily to the praise of the glory of Gods free grace and to the great Encouragement of the few hands that wrestled through all humane discouragment Therefore our Rulers cast about againe and fall upon another device which they supposed would prove effectual for destroying the work of the Lord which was this Besides the Ministers Indulged as said is there was a great company of Non-conforme Ministers not yet Indulged who they supposed either did or might thereafter hold Conventicles as they are called and therefore to remeed or prevent this in time coming they appoint and ordaine them to such and such places where Indulged Ministers were setled there to be confined granting them liberty to preach and exercise their Ministery there according as the Indulged men would allow and imploy them or of new Indulging them by pairs and appointing to places thinking by this meanes to incapacitate so many Ministers from holding of Conventicles or private meetings there or else where All which will be clear by the Acts of Councel which follow Halyrudhouse Septembr 3. 1672. THe Lord Commissioner his grace and the Lords of his Majesties Privie Councel considering the Disordres which have lately been by the frequent numerous Conventicles and being willing to remeed so great an evil in the gentlest manner that could be thought on and his Maj. Commissioner being sufficiently instructed herein They do order and appoint the Ministers after-named outted since the yeer 1661. to Repaire to the Paroches following and to remaine therein confined permitting and allowing them to preach and exercise the other parts of their Ministerial function in the Paroches to which they are or shall be confined by this present Act and Commission after specified viz. In the Dioces of Glasgow In Egelsham Paroch with Mr Iames Hammilton Mr Donald Cargil Paislay with Mr Iohn Bairdy Mrs William Eccles and Anthony Shaw Neilstoun Mrs Andrew Miller and Iames Wallace Kilmakolme Mrs Patrick Symson and William Thomson Kilbarchan Mrs Iohn Stirling and Iames Walkinshaw Killiallan Mrs Iames Hutcheson and Alexander Iamison Irwing Newmiles Mrs Iohn Burnet and Georg Campbel Phinick Mrs Thomas Wyllie and William Sheil Stewartoun Mrs William Castellaw Andrew Hutcheson and Andrew Mortoun Dunlop Mrs Gabriel Cuninghame and William Meine Larges Mrs Iohn Wallace and Alexander Gordoun Kilbride Mrs Robert Boid and Gilbert Hammiltoun Comray Mrs Archbald Porteus and Iohn Rae Kilminning with Mr Ralph Rodger Mr Robert Fleming Irwine with Mr Georg Hutcheson Mr Iohn Law Kilmarnock with Mr. Alexa. Wederburn Mrs Iames Rowat and William Hay Kilmares with Mr Georg Ramsey Mr Iohn Parke Dreghorn with Mr Iohn Spading Mr Iames Donaldson Beith with Mr William Maitland Mr William Creightoun Kilbirnie with Mr William Datlidafe Mr Patrick Anderson Ardrossine with Mr Iohn Bell Mr Iames Bell. Air. Cultoun Mr William Fullertoun Riccartoun Mrs Hugh Campbel and Hugh Crawfurd Dundonald Mrs Iohn Osburne and Iohn Hutcheson Machline with Mr Iames Veitch Mr Robert Archbald Ochiltrie with Mr Robert Miller Mr Patrick Peacock Gastoun with Mr Alexander Blair Mr Adam Alison Cragie with Mr David Broun Mr Robert Maxwel Dalganie with Mr Andrew Dalrumple Mr Iohn Campbel Symentoun with Mr Iohn Gemil Mr Francisce Irwing Kircudbreight Carsfairne Iohn Semple and Mr William Erskine Kelles with Mr Cant Mr Georg Wauch Dalry with Mr Iohn Mc Michen Mr Thomas Thomsoun Balmaclellan Mrs Iames Lawrie and Thomas Vernor in place of Iohn Ros when he shall be transported to Staniekirk Hammiltoun Avendale Mrs Iames Hammiltoun and Robert Young Glasford Mrs William Hammiltoun and Iames Nasmith Shots Mrs Iames Curry and Alexander Bartoun Dalserfe Mrs Thomas Kirkaldy and Iohn Carmichel Stanihouse with Mr Iohn Oliphant Mr Matthew Me Kell Cambushnethen with Mr William Violand Mr Robert Lam. Dalzel with Mr Iohn Lauder Mr Thomas Melvil Lanerk Carlouk Mrs Alexander Livingstoun and Peter Kid now at Carlouk Carmichel Mrs Iohn Hammiltoun and William Sommervail Culter Mrs Anthonie Murray and Robert Lokhart Lamingtoun with Mr Iohn Crawfurd Mr William Baillie Lesmaâ—ago with Mâ— Thom. Lawrie a regular incumbant Mr Iames Brotherstons Carstairs Mrs Iames Kirktoun and Iohn Greg. Linlithgow Westealder Mrs Iohn Knox and William Weir Burrowstouness Mrs Robert Hunter and Iohn Ingles Lothian c. Lintoun with â—r Robert Elliot Mr Robert Elliot his Son Oxnam with Mr Iohn Scot Mr Hugh Scot. Hownam with Mr Iohn Stirling Mr ..... Ker. Argyle Killerne Mrs Iohn Cunninson and Alexander Mc Claine Kilfannan Mr Iohn Cameron Campbeltoun Mrs Duncan Campbel and Edward Keith Kilchattain in Lorn Mrs Iohn Duncanson and Alexander Mc Claine Knapdail with Mr Dougal Campbel a Regular Incumbent Mr Duncan Campbel South Kyntire Mr David Sympson And yet notwithstanding of the said confinement the Lord Commissioner his grace and Lords of his Maj. Privie Councel give full power warrand and commission to the Lord Chancellovr the Lord Duke of Hammiltoun the Earles of Argyle Tweddale and Dundonald The Lords President of the Session Register Treasurer Depute and Justice-Clerk with the Bishop of the Diocess wherein the saids Ministers are confined or any foure of them within the space of Six Moneths after the date hereof to alter and change any of the Persons foresaids from any of the saids Paroches to another of those Paroches or to allow and confine other Persons in their place They alwayes pitching in the first place upon some outted Ministers from that Diocess wherein the Paroches to which they are to be confined dolye And allowing none to preach who were outted before the yeer 1662. or being outted since the yeer 1661. are under â—ertifications or sentences of any Court of this Kingdom With power to the said Commissioners and their quorum to confine to and allow outted Ministers as said is in the Paroches of Tarboltoun Barnweel Stevenson Lochguenoch Inchanen and Mearns and that so soon as the present Incumbents in these Paroches shall be provided and transported to other Kirks Recommending to Patrons to give them Presentations at Kirks that shall vaik and particularly to ....... Patron of the Kirk of Gallouwsheils to give a Presentation thereto Mr Alexander George To ..... Patron of the Kirk of Burghtoun to present thereto Mr William Naismith To ...... Patron of the Kirk of Maclue to present thereto Mr Robert Kincaide To ..... Patron of Grainae to present thereto Mr ... Stewart And for the Intertainment and maintenance of the Ministers foresaids confined and allowed by this Act and of these formerly indulged by the Councel The saids Lords do
small moment yet we think faithful Ministers should have been tender of the least thing which might but occasion or usher-in bondage and slaverie to that poor Church which hath had a wrestling life what for one thing what for another from the very beginning And sagacious persons might easily have foreseen whither such a course as this did tend And if hereafter the State should lay down such a course as that in all time coming all the Stipends through the Land should be uplifted by general Collectours thereto appointed by them and given-out by these againe to such as and in what quantity the State shall think fit and so make the Ministers become their slaves and to depend upon them as if they were their domestick Servants and Hirelings the inconvenience of which upon many accounts cannot but be obvious to any considerat and judicious person whom had we to blame as first breaking the ice in this matter And was there not here ground enough to have refused this favour as it is accounted thus conveyed and to have declared they would choose rather to preach gratis than any way contribute unto the laying of such an yoke upon the neck of the Church of Scotland Further see we not here that such a snare was visible before their eyes that either they should accept of Collation from the Prelates and so acknowledge their dependance likewise on them and confirme these perjured Invaders and comply with abjuted Prelacy or otherwise become the Councel's Pensioners which did tend to a manifest prostituting of the credite of the Ministrie and to the obstructing of ministerial freedom and faithfulness in declaring the mind of God as becometh the Ambassadours of Christ 5. The next thing to be remarked is the Injunctions here laid upon the Indulged which are expressed in the Letter at some length Which Injunctions either are Lawful or Unlawful If they be Lawful Then 1. They must obey them without any hesitation 2. Then they must acknowledge the conformable Clergie as they are called to be lawful Ministers of the Gospel 3. And that it is lawful to keep the Prelat's Courts and Meetings and thus condemne themselves for not doing so formerly 4. Then the people are also obliged in Conscience to owne and acknowledge these Hirelings as lawful Ministers of the Gospel whom they are called of God to hear and obey But if they account these Injunctions Unlawful how could they by their silence and accepting of the Indulgeâ—ce upon these termes tacitely approve of the same To say That they did not positively approve thereof is not enough Yea their not-disapproving thereof Openly Plainly Publickly and Avowedly being so stated as they were and circumstances considered cannot but be accounted an Interpretative Approbation by all Godly Sober and Rational persons Nor will it availe here to say That these Instructions were not proposed condition-wayes For the Councel â—hat are both the best Interpreters of this Letter and of their own deed in consequence of and in compliance with the same tell us in their Act August 10. 1677. that the Indulgence was accepted upon condition of keeping and observing of these Instructions in these words For as much as the Lords of his Maj. privy Councel did confine several outed Ministers to particular Paroches with allowance to preach and exercise the other functions of the Ministrie within the same and did N.B. deliver unto them certain Instructions to be keeped and observed upon which they accepted the Indulgence granted to them And againe after whatsoever manner these Injunctions were proposed yet it is certaine as we see they were intended so And if these Ministers had expresly told the Councel that they would observe none of these Injunctions because they judged the same unlawful and themselves obliged in conscience to declare the same shall any think that the Councel would have granted them this Indulgence Had not that been a direct crossing of the designe and purpose of the King and Court How should then the people have been amused into a stupide quiescence and asse-like couching under the burden and blown-up with an irrational and groundless expectation of some desirable change It cannot moreover here satisfie to say That they undertook nothing but resolved to do as they found clearness and when they were not clear to obey to subject themselves to the penalty For the Counsel as we see offering the Indulgence upon condition of observing the Injunctions when they accepted of the benefite offered on those termes they could not but also embrace the termes upon which the benefite was offered and their accepting of the benefite was a plaine declaration of their acquiesceing in and satisfaction with the termes And further when they accepted of the benefite either they accounted Obedience unto these Injunctions Lawful or Unlawful If they accounted it Lawful why were they so disingenuous as to simulate some hesitation when they were clear and certaine This was not the carriage of faithful zealous Servants of Christ. If they did account that Obedience unlawful Why did they not declare so much especially when their silence at the acceptance of the benefite so offered could not but be construed by all to be a full satisfaction with the Conditions did not their silence confirme the Councel of the lawfulness of the Obedience required to these Injunctions This looked not like the carriage of our worthie Fore-fathers and zealous Reformers Moreover what in case the Councel had likewise injoined them after the same manner of way that they proposed the foresaid Injunctions to preach Justification by works The Popes Infallibility or the Kings Headship over the Church or some such thing Would it have been faire in them to have come away thanking their L L. for the favour which was bestowed upon them satisfying themselves with this mental reservation We will do as we shall be answerable and take our hazard Could any have justified them in this or judged their carriage Ministerial Might not every one have said that they had taken up their Ministrie in an unlawful way not approved of God and so had run unsent Finally Let me ask the Reader if the King or a great Noble man should grant to a Person some considerable Charge or Imployment in his familie which possible the same Person had before but was lately thrust therefrom and in the mean time should lay upon him some injunctions which seemed onerous or not very lawful could any think that his accepting of the Charge and Imployment and returning thanks therefore did not speak out most clearly his acquiesceing unto the conditions his accepting of the Charge upon these conditions and his tacite promise to obey these Injunctions especially since he made no exceptions against them when mentioned and proposed 6. We remark further that the Letter saith That none of these Ministers have any seditious discourses or expressions in pulpit or elsewhere And what is understood here by seditious discourses or expressions we cannot be ignorant
granted unto them might be no prejudice unto the rest to preach the Gospel and to be instant in season and out of season wheresoever and whensoever occaâ—ion offered But now when nothing of this kind was done did not they contribute their concurrence unto the establishing of this Midse made use of for keeping-down of those Assemblings of the Lords people I mean the Indulgence And did they not hereby plainly enough condemne those Meetings when they concurred so actively and effectually with the Councel and the Kings designe to have the Land freed of them I know it will be said That they could not procure favours to others it was enough for them to accept of what was offered to themselves But yet though they were not Master of the Magistrates treasure of Indulgence they were Master of their own deed and I suppose few of the Godly of the Land would have blamed them if they had out of tenderness to the poor perishing people and out of respect to their suffering Brethren told the Councel that as matters then stood they could not accept of that offer though it had been cleaner than it was unless all their Brethren were also made partakers thereof or at least that the House and Field Preachers might not be molested This would have looked like the deed of men respecting the publick good and not seeking themselves or their own ease and liberty It would have smelled of brotherly affection if they had said We will rather take the same lot with our Brethren than do any thing how promising so ever it be of ease and quiet to ourselves that may render their case more lamentable and grievous and may seem in the least à countenanceing were it but interpretatively of the severities used against them or do any thing that may encourage unto more cruelty and to the prejudging of the far greatest part of the Land of the Gospel now going forth with power If any shall say That possiblie they did not approve of that manner of preaching themselves I shall Returne that possiblie it may be so as to some of them who were therefore looked on as most peacable and orderly and shall adde that certainly such must condemne Christ and his Apostles who were the greatest of Conventicle-Preachers and almost preached no other way wanting alwayes the Authoritie of the Supream Magistrate and yet not waiting upon their Indulgence But as to all these things deduced from the Kings Letter it may be the Indulged Ministers will think themselves little or nothing concerned nor obliged to take any notice of what is there said in regarde that the Kings Letter was not directed unto them but unto the Councel and it was with the Councel immediatly and not with the King that they had to do And therefore are concerned only to notice what the Councel did and said unto them and required of them and to notice their own carriage againe or return unto the Councel For answere I say It may be so that they shall thus think to cheate the world and themselves by such metaphysical abstractions but in our actions before the Lord and in matters of this nature so neerly concerning the Glory of Christ as King and that in a day when all things call aloud unto a Faithful Free Full Witnessing unto for the truth such abstractions are neither Christian nor Manly The Letter was not hid from them nor the contents thereof unknown to them for when they were before the Councel as we shall heare afterward they by their mouth expressed their sense sufficiently of that Letter and took the favour of the Indulgence with all humility and thankfulness as his Majesties Royal Favour and Clemencie Our forefathers used not to carry so when Court-favours were pressed and urged upon them but searched the ground and rise of these and considered their tendencie and consequences knowing that favours granted by standing and stated Enemies could not be for advantage but for hurt The Spirit of zeal and faithfulness would teach us another more Moral Plaine Christian Deportment But though the Indulged should be such Metaphysical Abstracters contrare to that Spirit of wisdom and ingenuity that should lead all Christians yet the Councel dealt more plainely and roundly as we shall see and told at all occasions and in all their Acts and Resolutions that what they did was in pursuance of his Majesties Commands and Royal Pleasure signified in his Letter Finally This abstraction though it were yeelded to them will not availe for though the Kings Letter had never been seen or heard of there was enough done by the Councel and its Committee of which they could not be ignorant to have resolved them if they had not been prepossessed It was the Committee of the Councel that Elected them that Judged them qualified for the Exercise of the Ministrie in such and such places It was the Councel that did Appointe Authorize and Impower them to Exerce their Ministery It was the Councel that did Depose Repose Plant and Transplant give Injunctions Restrictions and Limitations and punish for Non-Obedience all which will be further cleared in what followeth Having premised these few remarks upon the Kings Letter as necessarie to the clearing of our way because that was the ground of all and having in the by discovered several things to shew the sinfulness of this Indulgence we shall now proceed to mentione more particularly what was the progress of this Business and how this wicked Designe took effect The Councel appointeth a Committee to cognosce upon the matter signified in the Kings Letter and to condescend upon the Ministers judged fit and qualified for such a favour according to the minde of the King signified and plainly expressed in his Letter and upon the Paroches to which they were to be ordered to go exercise their Ministrie Whereupon the Councel enacteth as followeth Edinbr 27. Iuly 1669. THe Lords of his Maj. Privie Councel in pursuance of his Majesties Commands signified in his Letter of the 7. of Iuny last do appoint the Persons following to preach and Exercise the other functions of the Ministerie at the vacant Kirks underwritten viz. Mr. Ralph Rodger late Minister at Glasgow to preach at the Kirk of Kilwinning Mr George Hutcheson late Minister in Edinburgh at the Kirk of Irwing Mr William Violant late Minister at Ferrie at Cambusnetham Mr Robbert Miller late Minister at Ochiltree at the same Kirk Mr Iohn Park late Minister at Stanrawer at the same Kirk Mr William Maitland late Minister at Whithorn at the Kirk of Beeth Mr Iohn Oliphant late Minister at Stanhouse at the same Kirk Mr Iohn Bell late Minister at Ardrossine at the same Kirk Mr Iohn Cant late Minister at Kelâ— at the same Kirk and Mr Iohn Mc-Michen late Minister at Dalry at the same Kirk Here we see Ten were appointed to the places respectively condescended upon by the Councel and some were appointed to preach at the Churches out
of which they had been ejected but this was only an accidental thing and meerly because these Churches were at that time vacant as appeareth by Mr Iohn Park his disappointment because the Prelate prevented his coming to the Kirk designed which had been formerly his own by thrusting in a Curat notwithstanding of his pleading the benefite of the Act of Indemnity in his own defence against what was objected against him and thereby acknowledged himself to have been a Traitour in all his former Actings and that all the work of Reformation was but Rebellion And there is no difference betwixt the appointment made to them who returned to the places where formerly they had preached and that appointment which was made to others to go to other Churches The Councel doth not so much as verbally signifie the Sentence of Banishment from their own Parishes by the Act of Councel at Glasgow Anno 1662. to be now annulled as to them whereby they had liberty to returne to their own Charges and follow their work but simply enjoyneth and appointeth them to go to such a place and there to exercise their Ministrie as simply and plainely as if they had never been there before So that the appointment is one and the same as made by the Councel in pursuance of the Kings Letter And all the difference that was in their several Orders and warrands which they received from the Councel was in regarde of the Patrons and of nothing else as may be seen by the following tenors of these Acts. Followeth the Tenor of the Acts of Indulgence given to the several Ministers to preach conforme to his Maj. Letter of the 7. of Iune 1669. THe Lords of his Maj. Privie Councel in pursuance of his Maj. Commands signified the 7. of Iune last do appoint Mr Ralph Rodger late Minister at Glasgow to preach and exercise the other functions of the Ministrie at the Kirk of Kilwinning And thus did all the rest of this kinde run The other did run thus For same ekle as the Kirk of ..... is vacant the Lords of his Majest Privie Councel in persuance of his Maj. command signified by his Letter the 7. of Iune Instant and in regarde of the consent of the Patron do appoint ... late Minister at ..... to reach and exercise the other functions of the Ministrie at the said Kirk of ..... Whereby we see that these Orders make no difference betwixt such as were appointed to their own former Churches and others who were appointed to other places so that as to this all of them received a new Commission Warrand and Power to exerce their Ministrie in the places designed as if they had never had any relation unto these places before Further it is observable here That these Orders and Acts of the Councel have the same Use Force and Power that the Bishops Collation hath as to the exercise of the Ministrie and that the Ordinance of the Presbyteries used to have in the like cases And therefore this is all the ministerial potestative Mission wich they have unto the actual exercise of their Ministrie in these places Thus wee see the Civil Magistrate arrogateth to himself that which is purely Ecclesiastick to wit the Placeing and Displaceing the Planting and Transplanting of Ministers and giving them a Ministerial Potestative Mission which onely belongeth unto Church-Judicatories So that these Indulged Persons may with as much right be called the Councels or Kings Curats as others are called the Bishops Curats whom the Prelates Collate Place and Displace Plant and Transplant as they please And wee see no regarde had unto the Judicatories of the Church and to their power more in the one case than in the other and possibly the Prelates transportings are done with some more seeming regarde unto the power of Church-Judicatories such as they owne under them but in this deed of the Councel there is not so much as a shew of any deference unto any Church-Iudicatory whatsomever nor is there any thing like it It is obvious then how clear and manifest the encroachement on the power of the Church is that is here made And because Magistrates have no such power from the Lord Jesus and are not so much as nominally Church-Officers as Prelats in so far are at least nor can act any other way as Magistrates than with a coactive civil power and not ministerially under Iesus Christ it is manifest that the Indulged having this Authoritie unto the present exercise of their Ministerie in such and such places only from the Civil Magistrate acting as such have not Power Authority from Christ for Christ conveyeth no Power and Authority in and by the Civil Magistrate but by his own way by Ministers of his own appointment who act under him ministerially And whether or not they have not in submitting to his way of conveyance of Power and Authority to exerce their Ministrie hic nunc upon the matter renounced the former way by which Power and Authority was ministerially conveyed unto them as we use to speak of such of the Prelats Underlings who have received Collation from him and Power to exerce their Ministrie in such and such places where they are now placed though formerly they were ordained and fixed by lawful Church-Judicatories I leave to others to judge But because it may be said that in these foregoing Acts there is no mention made of the Injunctions spoken of in his Majest Letter to be given to all the Indulged Ministers Hear what was concluded and enacted by the Councel on that same day Edinb the 27. of Iuly 1669. THe Lords of his Majest Prive Councel in pursuance of his Maj. Royal pleasure signified to them by his Letter of the 7. of Iune last do in his Maj. Name and Authoritie command and ordaine all such outted Ministers who are or shall be appointed or allowed to exercise the Ministrie That they constitute and keep Kirk Sessions and Presbyteries and Syâ—ods as was done by all Ministers before the Yeer 1638. And the Councel declares that such of them as shall not obey in keeping of Presbyteries they shall be confined within the bounds of the Paroches where they preach aye and while they give assurance to keep the Presbyteries And also the Councel doth strickly command and enjoine all who shall be allowed to preach as said is not to admit any of their Neigbour or other Paroche unto their Communions or Baptize their Children nor marry any of them without the allowance of the Minister of the paroch to which they belong unless that Paroch be vacant for the time nor to countenance the people of the Neighbouring or other Paroches in resorting to their preachings and deserting of their own Paroch Churches And that hereunto they give due obedience as they will be answerable on their highest peril And ordaines these presents to be intimate to every person who shall by Authority foresaid be allowed the exercise of the Ministrie We see here that
as Christ never made mention of in his Law yea some where of do directly militate against Christs Prescriptions Doth not their receiving of these Instructions or Prescriptions which were contained in his Maj. Letter say that the Prescriptions of Christ were not full But againe seing they had not freedom to say that they received their Ministrie from Christ alone how could they say that they had their full prescriptions from Christ unless they meant that they had them not from Christ alone And then they must say that they had them partly from some other and that other mâ—st either be the Magistrar or Church Officers not Church-officers for neither had they any call to speak of that here nor doth Church Officers hold forth any Prescriptions but Christs and that in the name of Christ. If that other be the Magistrat than it must either be meant Collaterally or Subordinatly to Christ not Subordinatly for they are not appointed of Christ for that end nor do they as Magistrats act Ministerially but Magisterially not Collaterally For then they should have these Prescriptions equally from the Magistrates as from Christ and the Magistrat should be equal and King of the Church with Christ which is blasphemie More might be here noted but what is said is enough to our purpose at present and what was said above needeth not be here repeated But now we must proceed These fore-mentioned were not all who were that yeer indulged For the same supposed favour was granted to others shortly thereafter as appeareth by these Extracts out of the Register Edinburgh August 3. 1669. THE Persons under-written were licenced to preach at the Kirks after specified viz. Mr Iohn Scot late at Oxnam at the same Kirk Mr William Hammiltoun late at Glasfoord at the Kirk of Evandale Mr Robert Mitchel late at Luss at the same Kirk Mr Iohn Gemmil late at Symming town at the same Kirk Mr Patrick Campbel late at Innerary at the same Kirk Mr Robert Duncanson late at Lochanside at Kildochrennan Mr Andrew Cameron late at Kilsinnan now at Lochead in Kintyre Edinburgh 2. Septemb. 1669. For as much as the Kirk of Pencaitland is now vacant by decease of Mr Alexander Vernor last Minister thereat and there being some questions and legal pursuits before the Judge ordinate concerning the right of Patronage of this Kirk Until the decideing whereof the Kirk will be vacant if remeed be not provided Therefore the Lords of his Maj. Privie Councel in pursuance of his Maj. pleasure expressed in his Letter of the 7. of Iune last have thought fit at this time and for this Vacancie allennerly To appoint Mr Robert Douglas late Minister at Edinburgh to preach and exercise the function of the Ministrie at the said Kirk of Pencait land And it is hereby declared that thir presents shall be without prejudice of the right of Patronage according as the same shall be found and declared by the Judge ordinarie Edinburgh Septemb. 2. 1669. The Persons underwritten were licensed to preach at the Kirks after specified viz. Mr. Matthew Ramsey late at Kilpatrick to preach at Paisley Mr Alexander Hammiltoun late Min. at Dalmenie at the same Kirk Mr Andrew Dalrymple late Min. at Affleck at Dalganie Mr Iames Fletcher late Min. at Neuthcome at the same Kirk Mr Andrew Me-Claine late Min. at Craigneis at Kilchattan Mr Donald Morison late at Kilmaglais at Ardnamurchant Edinburgh Septemb. last 1669. The Persons following were ordained to preach at the Kirks after specified viz. Mr Iohn Stirling at Hounam Mr Robert Mowat at Harriot Mr Iames Hammiltoun at Egleshame Mr Robert Hunter at Downing Mr Iohn Forrester at Tilliallan with Mr Andrew Reid infirme Edinburgh Decemb. 9. 1669. Mr Alexander Blair at Galstown Mr Iohn Primrose at Queensferrie Mr David Brown at Craigie Mr Iohn Craufurd at Lamingtoun with Mr Iohn Hammiltoun aged and infirme Mr Iames Vetch at Machline Edinburgh Decemb. 16. 1669. Mr Iohn Bairdie at Paisley with Mr Matthew Ramsey infirme Thus we see there were this Yeer 1669. Five and Thirtie in all licensed and indulged and ordained to preach in the several places specified upon the Councels Order in pursuance of the Kings Royal pleasure And in the following yeer we will finde the same Order given unto and obeyed by others But ere we proceed it will not be amisse that we take notice of the first Act of Parliament holden this yeer Novemb. 16. 1669. and consequently before the last Six were licensed The Act is an Act asserting his Majesties Supremacy over all Persons and in all Causes Ecclesiastical Whereby what was done by the Councel in pursuance of his Majesties Pleasure signified by his Letter in the matter of granting these Indulgences is upon the matter confirmed and ratified by Parliament when His Maj. Supremacy is so ampliated and explained as may comprehend within its verge all that Ecclesiastick Power that was exerced or ordained to be exerced in the granting of the Indulgence with its Antecedents Concomitants and Consequences And a sure way is laid for carrying on the same designe of the Indulgence in all time coming The Act is as followeth Nov. 16. 1669. THE Estates of Parliament having seriously considered how necessare it is for the Good and Peace of the Church and State That his Maj. Power and Authority in Relation to Matters and Persons Ecclesiastical be more clearly asserted by an Act of Parliament Have therefore thought fit it be Enacted Asserted and Declared Like as his Maj. with Advice and Consent of his Estates of Parliament doth hereby Enact Assert and Declare That his Maj. hath the Supreame Authority and Supremacy over all Persons and in all Causes Ecclesiastical within this His Kingdom And that by vertue thereof the Ordering and Disposal of the external Government and Policy of the Church doth properly belong to His Maj. and His Successours as an inherent right to the Crown And that His Maj. and His Successours may Settle Enact and Emit such Constitutions Acts and Orders concerning the Administration of the External Government of the Church and the Persons imployed in the same and concerning all Ecclesiastical meetings and matters to be proposed and determined therein as they in their Royal Wisdom shall think fit which Acts Orders and Constitutions being Recorded in the Books of Councel and duely published are to be observed and obeyed by all his Maj. Subjects any Law Act or Custome to the contrary notwithstanding Like as His Maj. with Advice and Consent foresaid doth Rescind and Annul Lawes Acts and Clauses thereof and all Customes and Constitutions Civil or Ecclesiastick which are contrary to or inconsistent with His Majesties Supremacie as it is hereby asserted And declares the same Void and Null in all time coming Concerning the Irreligiousness Antichristianisme and Exorbitancie of this Explicatory and as to some things Ampliatory Act and Assertion of the Kings Supremacy in Church-affairs much yea very much might be said but our present business calleth us to speak of it only
King alone or with his Privie Councel cannot put order to Ecclesiastical matters and causes or exerce Church-Power and Jurisdiction without a violation of this Law and manifest controlling of it And further in the 4. Act of that same Second Session of Parliament it is expresly ordained that none be hereafter permitted to preach in publick or in families within any diocess without the licence of the Ordinary of the Diocess So that this licence and permission granted to the Indulged by the Councel to preach and exercise the other parts of their function being without the licence of the Bishops is manifestly contrary and repugnant to this Law Moreover Act 1. in the third Session Anno 1663. we have these words And the Kings Maj. having resolved to conserve and maintaine the Church in the present State and Governmēt hereof by Archbishops Bishops and others bearing Office therein and not to endure nor give way or connivace to any variation therein in the least doth therefore with advice and consent of his Estates conveened in this third Session of his Parliament Ratifie and Approve the afore mentioned Acts and all other Acts and Lawes made in the two former Sessions of Parliament in order to the settling of Episcopal Dignity Iurisdiction and Authority within the Kingdom and ordains them to stand in full force as publick Lawes of the Kingdom and to be put to further execution in all points conforme to the tenor thereof Here is a further Ratification and Confirmation of the Lawes mentioned and the Councel hereby yet more firmely bound-up from emitting any Acts or Edicts contradictory to and tending to weaken and invalidat the publick standing Lawes of the Kingdom And which is yet more considerable in the following words of this same Act the effectual putting of these Lawes in execution is specially and in terminis recommended by King and Parliament unto the Privy Councel after this manner And in pursuance of his Maj. Royal resolution herein his Maj. with advice foresaid doth recommend to the Lords of his Maj. Privie Councel to take speedy and Effectual Course that these Acts receive ready and due Obedience from all his Maj. Subjects and for that end that they call before them all such Ministers who having entred in or since the Yeer 1649. and have not as yet obtained Presentations and Collations as aforesaid yet darred to preach in contempt of the Law and to punish them as seditious persons and contemners of the Royal Authority As also that they be careful that such Ministers who keep not the Diocesian meetings and concurre not with the Bishops in the Acts of Church-Discipline being for the same suspended or deprived as said is be accordingly after deprivation removed from their Benefices Gleebs and Manses And if any of them shall notwithstanding offer to retaine the Possession of their Benefices or Manses that they take present Course to see them dispossest And if they shall thereafter presume to exercise their Ministrie that they be punished as seditious Persons and such as contemne the Authority of Church and State Now notwithstanding of this express reference and severe recommendation we know that in the matter of the Indulgence they were so far from punishing such as had not obtained Presentations and Collations and yet had continued to preach and exercise their Ministrie that in perfect contradiction to this Injunction of King and Parliament and other forementioned Acts they licensed warranded and impowered some such as by Act of Parliament were to be punished as seditious Persons and contemners of Authority of Church and State to preach publickly and to exercise all other parts of their Ministrie and that upon the sole warrand of the Kings Letter which cannot in Law warrand and impower them to contraveen express Lawes and Acts of Parliament and not only to disobey the Injunctions of Parliament but in plaine termes to counteract and counterwork the Established and Ratified Lawes and so to render them null and of no effect Whence we see that there was a necessity for the Parliament An. 1669. to do something that might secure the Lives and Honours of the members of Councel in point of law in granting of that Indulgence which was so expresly against law and which the two Arch-Prelates members of Councel would never give their assent unto as knowing how it intrenched upon the power granted to them and the other Prelates confirmed by Law and so was a manifest rescinding of these Acts and Lawes And though this might have been done by a plaine and simple Act approving and ratifying what the Councel had done in compliance with his Maj Royal Pleasure and authorizing them in time coming to pursue the ends of the same Letter further with a non obstante of all Acts formerly made in favoures of Prelates and Prelacie Yet it is probable they made choise of this way of explaining by a formal and full Statute and Act of Parliament the Supremacie in these plaine full and ample termes wherein we now have it that thereby they might not only secure the Councel but also make the Kings sole Letter to the Councel in all time coming a valid ground in Law whereupon the Councel might proceed and enact and execute what the King pleased in matters Ecclesiastick how intrinsecally and purely such soever without so much as owning the corrupt Ecclesiastick medium or channel of Prelacy And withal it might have been thought that such an act so necessary for the legal preservation of the Indulgers and consequently of the Indulged in the enjoyment of the Indulgence would go sweetly down with all the Indulged and such as gaped for the like favour howbeit so framed as that it was not very pleasant at the first tasting For it cannot be rationally supposed that such as are pleased with their warme dwellings will cast out with the walles roof of the dwelling without which they would enjoy no more warmness than if they were lodging beside the heth in the wilderness And who could think that any indulged man could be dissatisfied with that which was all and only their legal security and without which they were liable to be punished as seditious persons and as contemners of Authority even for preaching by vertue of the Indulgence according to Lawes standing in force unrepealed Whence also we see what a faire way was made unto this Act of Supremacy by the Indulgence and how the Indulgence is so far beholden unto this Act that it can not stand without it nor the persons Indulged be preserved from the lash of the Law notwithstanding of all that was done by the Councel And thus these two are as twines which must die and live together for take away the Act of Supremacy and the Indulgence is but a dead illegal thing We may also see what to judge of this illegal and illegitimat birth that cannot breathe or live where Law reigneth without the swedling clothes of such a Supremacy nor can stand but
man can accept of the Indulgence as so and so conveyed as it was but they must withall virtually implicitly and interpretativly at least though yet really and consequentially acquiesce submit unto and acknowledge the Supremacie in so far as concerneth the matter of the Indulgence and the Acts Orders aâ—â— Constitutions â—â—erein comprehended I am in all this far from thinking that these Indulged brethren did formally and expresly Owne Acknowledge Acquiesce in or Approve of the Ecclesiastick Supremacie in and by their accepting the Indulgence or that they had any such Intention therein as to make way for approve of or to confirme the said Supremacy No I am only shewing what is the native consequence thereof and inevitablie followeth thereupon and what consequentially they may and ought to charge themselves with and others not without ground account them interpretatively guilty of and what a Conscience when rightly awakened and illuminated will challenge them for and the Posteritie will think they have failed in and many now a dayes are stumbled by or induced to stumble upon the occasion of not to mention the designe of the Contrivers which yet when known and discovered may occasion yea and cause a sad and wakening reflection Nor yet to mention what afterward upon several occasions was discovered of which more afterwards and which might have been sufficient to have made some bethink themselves and search more narrowly what they had done and give glory to God by turning out of such dangerous and so many wayes scandalous and offensive pathes Having thus briefly spoken of the Supremacie as relating to and friendly corrosponding with the Indulgence its native daughter we now proceed in our History and shall show who were Indulged even after this Act of Supremacie was thus made and published And of these we have found already five or six licensed that same yeer within a moneth or thereby after the Parliament which gave us such a full and large explication of the Supremacie sat down But we proceed to the following yeers Edinbr 27. 1670. Mr Alexander Wedderburn at Kilmarnock Edinb March 3. 1670. Mr Iohn Lauder at Dalzel Mr George Ramsey at Kilmars Mr Iohn Spadie at Dreghorne Mr Thomas Black at Newtyle Mr Andrew Mc claine at Killaro and Kilquhanan Mr Andrew Duncanson at Kilchattan in Lorn Thus we have this yeer seven moe in all fourtie three Towards the beginning of the next year there is a Proclamation of the Privie Councel re-inforcing the punctual observation of the forementioned Injunctions delivered unto the Indulged after this forme Edinb Ian. 26. 1671. For as much as the Lords of his Maj. Privie Councel in pursuance of his Maj. Royal pleasure signified to them by his Letter the 7. of Iun. 1669. did by their Act of the 27. of Iuly 1669. Ordaine all such outted Ministers as should be allowed to exercise the Ministrie to keep Kirk Sessions and keep Presbyteries and Synods as was done by all Ministers before the Year 1638. And did declare that such of them as should be allowed to Exercise the Ministrie and should not obey in keeping of Presbyteries should be confined within the bounds of the Paroches where they preach aye and while they give assurance to keep Presbyteries And the saids Lords being informed that hitherto Obedience hath not been given to the foresaid Act of Councel Do therefore command and require all and every one of these Ministers allowed to preach by order of Councel to keep Presbyteries in time coming And do hereby confine all these who shall not give Obedience in keeping Presbyteries within the bounds of the respective Paroches where they preach And ordains Extracts of this Act to be sent to every one of the saids Ministers that none of them pretend ignorance How or what way this Injunction was observed I am not much concerned to enquire Onely the Reader would know that the Presbyteries now and before the year 1638. were not the same so that however honest Ministers did observe those yet no honest man could with a good Conscience keep these meetings now because before the year 1638. Presbyteries had never been discharged or removed Howbeit many complied with the Prelates then and frequented these meetings yet good men keeped their Possessions only the Synods then were so far changed into Episcopal Visitations that several honest men had not peace and freedom in going to them But in our Dayes Presbyterian Government was plucked up by the roots and wholly cast away And there was no Presbytery or Synod but what was purely Episcopal depending upon him and recognosceing his Power Whence we see that by this Injunction a compliance with Prelacy was designed And I suppose such of those Indulged Ministers as had not freedom in Conscience to yeeld obedience unto this command thought that by compliance herewith they should have Homologated the Prelats Power and abjured Prelacy notwithstanding that they were obliged by the Command of God to hold such meetings for the exercise of Discipline according to the Patterne of the New Testament if such circumstances had not made it sinful in them Why then might they not also have judged it unlawful for them to have accepted of the Indulgence as homologating the Magistrat's usurped Supremacie and abjured Erastianisme notwithstanding of their Obligation to preach the Gospel Why did not the Obligation to observe Presbyterial Assemblies for the Exercise of Discipline make them willing to step over the inconvenience of Prelacie without acknowledging of which they could not keep these meetings hic nune as they supposed their obligation to preach the Gospel did warrand them to step over the inconveniencie of Erastianisme without acknowledging of which they could as little preach hic nune Especially seing if they observed not these Presbyteries and Synods they could observe none But though they preached not in these places designed by the Indulgers they could have preached elsewhere with as much Glory to Christ Good to souls Edification of the whole Body and Peace in their own mindes if not more I see not how they who scrupled not at preaching though as circumstantiated attended with abjured Erastianisme could rationally scruple the Exercise of Presbyterian Discipline though as circumstantiated attended with abjured Prelacy Yea I think there was less ground for scrupling this of Discipline than for scrupling that of Preaching because as I said they could have preached without the Erastian Indulgence that to much more advantage as experience hath proved in others But they could not have exerced Discipline such I meane as used to be exerced in Presbyteries and Synods without the Prelates Courts We have now seen the Progress of this device of the Indulgence contrived mainely to suppress and keep down the Meetings of the Lords people in houses and in the fields which were the eye-sore of the Rulers and which they were seeking to destroy by all meanes As appeareth by that grievous Act of Parlia made against them August 13. 1670. with the
think fit that the halfe of the Stipends of the Respective Paroches wherein they are confined of the Crope and Yeer of God 1672. be payed to the Ministers formerly indulged therein and that the other halfe of the said stipend be equally devided amongst or betwixt these formerly and now allowed to preach in the saids Paroches The saids whole stipends receiving in the future Division proportionably according to the number of Persons formerly and now allowed to preach therein And where there was no Person formerly indulged the third part of the stipend of the yeer 1672. is to be payed to these confined and allowed by this present Act in the respective Paroches foresaids And in case any of the Ministers foresaids shall not serve as they are allowed by this Act or Commission foresaid their proportion of the said stipends are to be holden as vacant and to be imployed conforme to an Act to be made in this Session of Parliament anent the disposal of the Vacant Stipends And ordaines letters to be directed at the Instance of the several Ministers foresaids serving as said is against these liable for payment of their proportions of the saids stipends And the Lord Commissioners Grace and Lords of his Maj. Privie Councel considering the extent of the Indulgence given by this Act and that if the same should be any further enlarged the regular Ministers might be discouraged and the orderly and peacably disposed people of this Kingdom disquieted do declare that hereafter they are not to extend the said Indulgence in favours of any other people or to any other Paroches than to those mentioned in this Act nor to allow outted Ministers to preach in any Kirks not herein expressed and wherein there are not already Ministers allowed to preach by this Act. Thus we see this Indulgence very far extended and as far as the Counsel minded to extend the same in all time coming But you will say we hear of no Orders Instructions and Prescriptions given unto them whereby they were to be regulated in the exercise of their Ministrie as others formerly allowed and licensed were Therefore in order to this there is an Act of Councel of the date of the foresaid Indulgence to this effect WHereas by an Act of the date of thir presents and by former Acts of Councel diverse Ministers ouâ—ted since the Year 1661. have been and are warranted and licensed to preach at certaine Kirks therein specified and it being necessare for the better keeping of good Order that the Rules following be observed by these Ministers indulged by an Act of the date of thir presents and these Indulged by former Acts of Councel Therefore the Lord Commissioners Grace and the Lords of his Maj. Privie Councel do enjoine the punctual and due observance thereof to the saids Ministers as they will be answerable 1. That they presume not to marry or baptize except such as belong to the Paroch to which they are confined or to the neighbouring Paroches vacant or wanting Ministers for the time 2. That all Ministers indulged in one and the same Diocess celebrate the Communion upon one and the same Lords Day and that they admit none to their Communions belonging to other Paroches without restificats from the Ministers thereof 3. That they preach only in these Kirks and not in the Church-yards nor in any place else under the paine to be repute and punished as keepers of Conventicles 4. That they remaine within and depart not forth of the Paroch to which they are confined without license from the Bishop of the Diocess only 5. That in the exercise of Discipline all such cases as were formerly referable to Presbyteries continue still in the same manner and where there is no Presbyterial meeting that these cases be referred to the Presbyterie of the next bounds 6. That the ordinary dues payable to Bursers Clerks of Presbyteries and Synods be payed by the saids Ministers as formerly And that the saids Ministers may have competent time for transporting of their families and disposing upon their goods The saids Lords suspends their confinement for the space of three moneths to the effect in the mean time they may go about their affairs providing that during the time of the said Suspension they do keep and observe the rest of the Orders and Instructions foresaids and other Acts made anent outted Ministers There was another act of Councel made this same day concerning all the rest of the outted Ministers nor as yet by name Indulged and licensed and concerning some newly ordained as followeth Halyroodhouse Septemb. 3. 1672. THe Lord Commissioner's Grace and the Lords of his Maj. privie Councel considering that by the Act of the date of thir presents and former Acts of Councel certaine Ministers outted since the Yeer 1661. are confined in manner therâ—in contained and that there are remaining diverse of that Number not disposed on by the said Act it ought also to be provided that these may not give scandal to any by with drawing themselves from the publick worshipe in the Kirks of these Paroches where they reside nor ensnare others to do the like by their practice and example do therefore give order and warrant to Sheriffs Baylies of Regalities Baylies of Baylieries and their respective Deputes and Magistrats within Brughs to call and conveen before them all outted Ministers since the Yeer 1661. And not disposed on as said is and who are not under a sentence or censure of State resideing in the respective jurisdiction or bounds or who shall in any time thereafter reside therein to require them to hear the word preached and communicat in the Kirk of those Paroches where they dwell or repaire to or dwell in some other Paroches where they will be ordinary Hearers and Communicat and to declare their resolution herein and condescend upon the Paroches where they intend to have their residence and hear the word and Communicate with power to the said Sherifs and other Magistrats foresaids to seize upon and imprison their Persons within the space of a Moneth after they should be so required And in case any of the said Ministers shall reside in the Paroch where there are Ministers indulged by the Councel they are hereby warranted and allowed to preach in the Kirks of those Paroches where they reside upon the Invitation of the Minister therein confined and allowed and not else And whereas some within the Kingdom without any lawful Authority or Ordination take upon them the calling of the Ministrie preach and do other Acts peculiar to those of that function and considering that such Presumption and Intrusion upon the sacred Oâ—fice tend to the Disordering and Disquieting of the Church and Kingdom Therefore the Lord Commissioner's Grace and the L L. foresaid of his Maj. Privie Councel do enjoyn the said Sheriffs and other Magistrates foresaids within the respective bounds to make search for and seize upon and imprison such upon tryal that they have exercised the Office of a
Minister To acquaint the Councel of their Names and place of their Imprisonment that such course may be taken with them as they shall think fit And further the said Sheriffs are ordained and commanded to enquire how the Ministers confined and allowed to preach in their several Jurisdictions do obey the Rules prescribed to them and contained in another Act of Councel of the date of thir presents and whereof extracts are to be sent to the several Magistrates foresaid who are hereby appointed to report to the Councel there anent every six moneths and betwixt and the first of june next their diligence in the execution of the order contained in the Act certifying them that if they shall be negligent or remisse in the execution of the orders given to them herein or falzying to give in the said account they shall be proceeded against and censured according to their demerites By this Act we see what course was laid down to have all the outted Ministers cantonized and brought under restraint that so the Word might also be under bonds and restricted to these bounds to which they had been pleased to extend the Indulgence We see also how the Councel looked upon such as had been ordained but not by Prelates and how they were to be persecuted by their Order We see also how the ministery of those who were thus to confine themselves in places where Indulged men were is restricted by their Prescriptions in its exercise But by the preceeding Act of Indulgence we saw a number of Ministers Indulged who were to repaire to the several places specified and to this end every one of them were to receive their own particular Act or Summonds to this effect Halyroodhouse Septemb. 3. 1672. THe Lord Commissioner's Grace and the Lords of his Maj. Privie Councel considering the disorders which have lately been by frequent and numerous Conventicles being willing to remeed so great an evil in the gentlest manner could be thought on and his Maj. Commissioner being sufficiently instructed herein They do hereby order and appoint ... to repaire to the Paroch Kirk of ... and to remaine therein confined permitting and allowing him to preach exercise the other parts of the Ministerial function in the said Paroch with ... formerly Indulged But where no Minister had been formerly Indulged this last clause was left out As also there was sent alongs with this act to every one of them an extract of the Councels Instructions of the date thereof Here we see the Former Injunctions renewed and pressed on all formerly and now of late indulged and moreover we finde some new Injunctions superadded to wit concerning the time of their celebrating of the Lords Supper of purpose to hinder the greater Good and Edification of the people who used to go to other Churches than their owne to partake of that Comforting and Strengthening Ordinance Whereby also an insupportable yock was put upon their necks to celebrat the Sacrament at times as to some in particular possiblie most unseasonable when neither they nor their people were in case and when the season of the year might prove an impediment in Landward Kirks though none to Towns And further they are injoined not to preach without the Walls of the Kirk nay not so much as in their House such hatred and indignation had these Rulers at all House and Field Meetings that they would not suffer even their own licensed and warranted Ministers to do any thing that might carry the least appearance of any such thing So they are ordered to acknowledge their subjection unto the Prelates Courts by referring cases usually referable to Presbyteries unto them as also to testifie their acknowledgement of the Prelates Courts by paying their proportion of the Salarie now alledged to be due to the Clerks of these Courts Any may see what snares were laid here and what obedience was given hereunto by these Ministers who accepted of the benefite of this Indulgence I know not It is sufficient for me to note here that these Injunctions flow from an Usurped Power and are not proper Magistratical Acts circa sacra but Intrinsecally Church-Constitutions at least several of them and therefore the accepting of these which were a piece of the complex Business of the Indulgence as tendered and granted by the Rulers bewrayed their falling off in so faâ— from former Principles owned and sworne unto And beside this addition of New Instructions did show that the Councel looked upon them as their Curats and as Obnoxious to their Orders in Church-Matters and what concerneth the manner and way of their exerceing of the ministerial function as the other Curats are unto the Prelates or as â—ver any Minister was obnoxious to the Canons and Constitutions of General or Provincial Assemblies in our best times And let me enquire of these Accepters how they think such an act as this had it been done while the Church was in possession of her Power would have been looked upon And how our General Assemblie would have looked upon such Ministers as should have submitted unto the like then as they have done now I suppose they will think that if they had done so they would have met with no less than Deposition And then let them consider if that can be a commendable duty now which would then have been such a Transgression And let them say whether or not such do them great wrong who adhering to their former Principles must needs look on them as ipso jure deposed It deserves to be noted here that a Lybel was formed against one Mr William Weer at this time Indulged and permitted to preach in West-calder and he was looked upon by the Councel as one that most basely slighted their Favour and Indulgence and was severely to be punished because he thought it not sufficient to enter unto that charge meeâ—ly upon the Act of the Councel but to satisfie himself the more as to his ground of enâ—rie did receive a call from some of the Heritors and People and because in his first preaching to that people he declared his adherence to the Soâ—emne League and Covenant and that he did not acknowledge the power either of King of Bishop in matters belonging to the Church of Christ And in his next Sermon said that neither King nor Councel were the Treasurers of the Gospel or of the Ministrie of it And because the following day he preached against the Supremacie in matters Ecclesiastical and against Prelacy And because he had in preaching declared that the Civil Magistrate had no power to appoint a day to be kept holy and observed in holy worshipe By which we see That the Councel taketh upon them to make this man a Minister though they plainely shew that he was never owned as a Minister by the Church-Judicatories Further we see That the Councels Act thus ordering these Indulged Ministers to the respective Kirks was all the call they had or that they would acknowledge should be had or
Intrado of hinc illae lachrymae as if he had done more hurt by this Testimonie than his own and the lives of many were worth While worthie Mr B. is as we have seen in prison he falleth very sick and friends and Physicians fearing his disease should prove mortal he with much difficulty obtained the liberty mentioned until he was taken home to glory It is worthie of our noticeing That dureing the time both of this Imprisonment and Confinement as the Sufferings of Christ abounded in him so his Consolations also abounded by J. C. for all who conversed with him returned comforted by seeing and sharing of his Consolations and particularly when drawing nigh to his end how was his Soul made to rejoyce in reflecting on his being honoured and helped to give that Testimony And with what Horrour and Indignation would he express himself upon supposition he had done less than he did yea all his griefe and regrate was that he had not done more At length when the time of the liberty granted to abide in his Chamber was almost expired his glorious Master who would want him no longer nor suffer him to want the Confessors reward sent and rescued him from the rage of Persecutors and from the Reproaches of his deserting Brethren and took him home to his Masters Joy and the sound of well done good and faithful Servant filling his eares made him shut his eyes singing and give up the Ghost in assurance of being embraced and of having access to embrace From all this these things are observable 1. That God by the speaking significations he gave of his complacency in the Freedom and Fidelity of his Servant wrote a sufficient refutation of all that was said by some to disgrace both him and his Cause 2. That here is a new witness from Heaven against these Invasions 3. As also against the Indulgence and the taking of these Instructions Beside 4. The Encouragement given to all to abide faithful in avowing Christs Prerogatives and the Priviledges of his Church and Kingdom even though abandoned of all who should bear them Companie or go before them Ere we returne to take further notice of what past when the forementioned Indulged Ministers compeared before the Councel we shall for a close out of the Registers mention these following Acts. Edinbr 6. of Feb. 1673. A Nent a petition presented by Mr Robert Hunter now Minister at Burrowstouness that conforme to an Act of Councel the petitioner did serve the cure at the Kirk of Duning for the 1671. and 1672. years and after Martimass last did transport himself to the Kirk of Burrowstowness conforme to the Councels Order And therefore humbly supplicating that the Stipend of the said Paroch of Duning for the saids two years might be appointed to be payed to him The Lords of his Maj. privie Councel having heard and considered the said Petition do ordaine the said Stipend of the said Paroch for the said two years to be payed to the Supplicant and that Letters of Horning be direct for that effect In the Year 1676. there came forth an open Proclamation Dated March 1. THE Lords of his Maj. Privie Councel considering that by their Act of the 3. Septemb. 1672. they did Order and appoint diverse outted Ministers to repaire to the several Paroches therein specified and to remaine therein confined permitting and allowing them to preach and exercise the other parts of the Ministerial function in those Paroches and did require and enjoyn these Ministers or any other Ministers indulged by former Acts of Council to keep and observe the Instructions following as they would be answerable That they should not presume to Marry or Baptize any except such as belonged to the Paroch to which they were confined or to the neighbouring Paroches vacant or wanting Ministers for the time That all Ministers indulged in one and the same Diocess should celebrate the Communion upon one and the same Lords Day and that they should admit none to their Communions belonging to other Paroches without testificats from the Ministers thereof That they should preach only in these Kirks and not in the Church-yards nor in any place else under the paine to be repute and punished as keepers of Conventicles That they should remaine within and not depart forth of the Paroches to which they are confined without licence from the Bishop of the Diocess onely And whereas it is informed that the saids outted Ministers indulged as aforesaid at the least many of them have violated and contraveened the foresaids Orders and Instructions upon which termes they were permitted and indulged to preach and exercise the other functions of the Ministry whereby many disorders are occasioned The saids Lords do therefore of new againe require and command all these Indulged Ministers to keep and observe the foresaids Orders and Instructions in time coming and specially for keeping within the bounds of their Paroches and celebrating the Communion upon one and the same Lords day as they will be answerable at their perril And ordains these presents to be printed and Copies thereof sent to the several Ministers Nothing needeth be here observed beside the Parenthesis where it is said that the Observation of these Instructions was the termes upon which they were indulged and therefore when they accepted of the Indulgence on such termes they consented to them and professed and declared their willingness to accept of their Ministery and of the free Exercise thereof upon these Conditions So that whether they observed them punctually afterward or not the bargain was established and they became oblieged by their own deed in accepting of these favoures granted on these Conditions to observe the Instructions carefully and it was too late to say afterward that the Conditions were not lawful and therefore could not be observed for that should have been said at first and even upon that account alone had there been nothing else they should have plainely and peremptorily rejected the supposed favour Nor will it avail to say that they knew not that the punctual observing of these Instructions was made the Condition of the granted favour for though at first these Instructions when given were not expresly so called yet the manner of proposal was such as all who desired not willingly to run into a sâ—are might have been convinced that so and no otherwayes they were intended and upon the matter could carry no other import And if any were invinciblie ignorant hereof at their first accepting of the Indulgence yet now when such a Printed Proclamation came forth wherein this was in terminis expressed and the Printed Proclamation ordered to be sent unto each of them they could no longer pretend ignorance and therefore were called if they had been formerly really circumvented and cheated now openly to have declared their unwillingness to accept of the Indulgence on these termes and henceforth to have abandoned the same and followed their Brethren to the Mountaines But now when this was not done but they
remained in their warme nests how they can plead innocent before God or Man I see not We proceed to relate a few things following Edinbr 3. August 1676. THe Lords of his Maj. privie Councel do hereby ordaine Mr Iohn Stirling Minister who is confined to the Paroch at Hounam by an Act of Councel and Indulged to preach in that Paroch to transport himseâ—f from thence to the Town of Irwing and confine himself to the Town and Paroch of Irwing with liberty to preach and exercise the other Functions of the Ministrie in that Paroch as he did in the former according to the Instructions of the Councel given to the rest of the Indulged Ministers By which we see that the simple Act of the Councel is the all and only ground of transportation from one place to another and that alwayes the Instructions must go alongs with them as the constant Companion of the Indulgence Edinb 9. Novemb. 1676. HAving heard and considered a Petition presented by the Magistrats of the Brugh of Irwing supplicating that the Stipend of the Paroch of Irwing vacant in the year 1676. might be allowed to the Petitioners for defraying the Expences that Mr Iohn Stirling will be at in transporting himself to Irwing and repairing the Kirk School and Bridge of Irwing Do allow the Supplicants the Stipend of the said Paroch for the said year 1676. Instant which is vacant for defraying the expences of the said Mr Iohn Stirling and repairing the Kirk School and Bridge of Irwine and if need bees ordained Leâ—ters of horning to be direct hereupon in forme as effeits Edinb 1. March 1677. Anent a petition presented by Mr William Maitland Minister at Beeth shewing that the petitioner hath served the Cure at the said Kirk the two by gone years 1675. and 1676. without receiving any stipend albeit he hath himself and a numerous family to maintaine which he will not be longer able to undergo unless the Lords of Councel be pleased to allow him the said stipend for the saids two years service And therefore humbly supplicating that an order and warrant might be granted for that effect in manner underwritten The Lords of his Maj. Privie Councel having heard and considered the foresaid Petition do hereby grant order and warrand to the Heritors and others lyable in payment of the stipend of the said Paroch of Beeth to make payment of the same to the Petitioner and that for ilk one of the saids crops and years of God 1675. and 1676. and ordains Letters of horning and others to be direct thereupon in forme as effeirs Edinb 7. of March 1677. The Lords of his Majest privie Councel do hereby ordaine Mr Alexander Hammiltoun who is by Act of Councel confined to the Paroch of Dalmeny and permitted to preach there during their pleasure to remove himself from the said Paroch of Dalmeny to the Paroch of Dalserfe and that betwixt and the fift day of Aprile next and to confine himself within the said Paroch of Dalserfe till further order as he will be answerable at his peril And do hereby permit and aâ—low the said Mr Alexander Hammiltoun to preach and exercise the other functions of the Ministrie in the said Paroch till furder order from the Councel upon the same termes that he hath exercised his Office formerly in the said Kirk of Dalmeny So that we see the whole exercise of the Ministrie is by this Indulgence wholly at the free and arbâ—â—riarious disposal of the Councel and depending upon their Orders As also we see that the observation of the Instructions is an essentiaâ— part of the bargane being the termes and condition on which the Indulgence is granted There came forth a Printed Proclamation August 10. 1677. as followeth FOR as much as the Lords of his Maj. Privy Councel in pursuance of his Maj. Commands signified to them by a Letter of the 7. of Iune 1669. did confine several outted Ministers to particular Paroches with allowance to preach and exercise the other functions of the Ministry within the same and did deliver to them certaine Instructions to be keeped and observed upon which they did accept the Indulgence granted to them And aâ—beit these Instructions have been frequently repeated and sent to these Ministers yet diverse of them have conâ—raveened the same without any manner of regarde thereto And whereas by his Maj. Letter foresaid it is left to the saids Lords to allow to these Ministers such parts of the Stipends as they should think fit and that from time to time the Councel hath giâ—en Orders and Waâ—rands to the Heretors and others lyable in payment of the stipend to make payment thereof as they saw cause without which special warâ—and they could not nor cannot warrantably pay the same Notwithstanding whereof it is informed that several Heretors have payed or intend to pay these stipends without special Warrant and Order The saids Lords do therefore Prohibite and discharge all Heretors Fewers Liferenters and others lyable in payment of the stipends of the Paroches where these Ministers are confined to make payment of any part of the Stipend to them for the cropt and year 1677. and in time coming without a special Order Warrand from the Councel under the penalty of being lyable in payment of the said Stipend againe to such as the Councel shall appoint and further censured for their Contempt and ordains these presents to be printed and published upon a Sabbath day at the several Paroch-Kirks where the saids Ministers are confined that no Person pretend ignorance In the Proclamation-emitted in the preceeding year 1676. the Council said in plaine termes that they granted the Indulgence upon condition that the Indulged should observe the Instructions given and here in this Proclamation they say that the Indulged did accept of the Indulgence granted to them upon these termes whereby we see that it was a full and formal compact the Indulgence was both granted Accepted upon the termes specified What can now be said for vindication of these accepters I cannoâ— imagine If they should say That all this is but the deed of the Council with which they are not concerned Yet it is certaine that every one is Master of his own favours and may dispense them on what termes he pleaseth and when the termes are known upon which such favours are granted and the favours formerly accepted are held though the conditions should seem hard yet the favour is embraced cum hoc onere any after signification of a dissatisfaction cannot but be unseasonable and insignificant It would now have been thought if the Indulged had not been satisfied with the termes after such publick Intimations were made unto the whole Nation both of the grant of the favours and of their acceptance upon these termes they would have signified their dissatisfaction with the bargain and rejected the favour of the Indulgence which they could have upon none but sinful termes especially now when their silence and continuing in the
Multitudes of the Non-conforme Ministers were ejected and cast-out of their Places and Congregations because they would not acknowledge the Power and Interest of Patrons nor accept of their Presentations unto Flocks But in this Indulgence as we saw above the Interest of Patrons is reserved entire Though they should say That they sought no Presentations from Patrons nor had they any active hand therein it will not much avail For even several of the ejected Ministers might have been free of ejection if they could in Conscience have yeelded to so much and acquiesced in this that the Patron should have signified to the Bishop his presenting of such a Person and that without his express Consent or Formal Acceptance thereof Yea how many had the Presentation willingly and cheerfully offered unto them undesired 3. It is the chiefe Corner stone of our Reformation and the fundamental point whereupon all the wrestlings and sufferings of our Church from the beginning have been stated viz. That Christ is the alone Head of the Church But by the Indulgence another head is acknowledged beside Him when thereby it was declared that the Indulged held not their Ministrie of Christ alone as we saw above on the first head and first particular thereof 4. So by the rest of the Particulars mentioned under that head we see how many wayes there was in this Indulgence a defection from former Principles and a falling off from our grounds all which we need not here repeat 5. We fall from our Principles and from the cause upon which our sufferings are stated when we cede and yeeld to Adversaries seeking to overthrow the pillars and grounds of Presbyterian Government And in how many Particulars Presbyterian Principles are by this Indulgence receded from we have seen above in the 2 head 6. It hath been the Lot of the Church of Scotland from the very beginning to be put to wrestle against the Powers of the Earth encroaching upon the Prerogatives of Jesus Christ and the Privileges of his Church and in contending for the same against all such Usurpation did the faithâ—ulness and steadfastness of our worthie renowned Predecessours appear and shine forth and upon the account of their faithful adhering to the Truth and bearing witness against all Usurpations made upon the Rights of the Church and on the Jurisdiction of Christ sole King of Zion and for declining Judicatories acting by usurped Authoritie were they all alongs put to suffer in their Freedom Persons Goods c. by Tossings Citations Letters of Horning Confinements Imprisonments Confiscation of goods Relegations Sentences unto death and Banishments But now what a falling off this ground ceding to Usurpations Homologating of the Supremacie Establishment of Erastianisme is in the Indulgence is manifest from the Particulars mentioned under the 3. and 5. head 7. We need not forget what was one maine ground of the actings of our worthie and valiant Predecessours in the yeers 1637 and 1638. viz. That Ecclesiastick causes should be determined by Lawful Ecclesiastick Judicatories and Civil causes by Parliaments and other Civil Judicatories But to Homologate a Power in the Civil Magistrate as such to cognosce upon and judge in Church affairs immediatly and formally is to condemne all these actings and all the actings of Church and State since upon that ground and a plaine relinquishing of that foundation And that by the accepting of the Indulgence such a power is acknowledged to be competent to the Civil Magistrate as such hath been manifested above in several Particulars Let us here but name that one Instance of the Councils sole judging of the fitness and Qualifications of a Person for such or such a charge in reference to his setling there as Pastor of the place which is an Ecclesiastick cause and hath been alwayes so accounted But it will be said No man needs question their abilities some having been Ministers in the most eminent places of the Kingdom For answer I shall not question their abilities though it may be the carriage of some of them hath been such since this defection began as would make a Conscientious Church-Judicatory not a little averse from admitting of them within their bounds if the Acts of our General Assemblies by which they stand censurable were in any regarde But however the Civil Magistrate is here made sole competent judge of this fitness and by what right he hath appointed these to go to the places particulary designed he may appoint others to go to such places for which no Church-Judicatory acting conscientiously would judge them Qualified And who can challenge them upon this account seing they are sole judges themselves 8. In King Iames his dayes several faithful and honest Ministers were banished from their own Churches and confined in other places of the Land and seeing no hope of getting the Civil Sentence taken off were necessitate to accept of a call to serve the Lord in the places where they were confined but we never finde that they took the Charge of such or such a Flock upon the Edict or Act of Council enjoining them thereunto 9. Who ever heard before in our Church Ministers compeating before the Privie Council and there receiving Directions Instructions Rules and Canons directing them how to regulate themselves in the exercise of their Ministerial Function And when the Indulged Persons did thus who can assoile them from a plaine Defection from our Cause and Principles Put the case that some Ministers had done so in the Year 1649. how would they have been looked upon by our General Assembly Or if our Parliament and Council Anno 1648. had turned out such as were against the Duk 's Engagment and thereafter had ordered them to go to such and such places of the Land as they thought fit giving them withall such Instructions as here were given to the Indulged if these Ministers had carried but just as our Indulged did I leave to all to judge whether or not they had been looked upon as Deserters of our Cause 10. We know what sufferings those faithful men underwent when after so long imprisonment they were at length condemned at Linlithgow Anno 1606. for declining of the Privie Council when about to judge them in the matter of a meeting keeped or offered rather to be kept at Aberdeen But now we finde severals Indulged called before the Privie Council there to be judged concerning their Baptizing of some Children within the Covenant a matter no less unquestionably Ecclesiastick than was that meeting at Aberdeen and in stead of giving-in a Declinature we heard of nothing but of a simple excuse that they had not seen those Orders plainly showing that if they had seen them they had obeyed them was not this a manifest defection from our Principles and Cause 11. I might mention under this Head the Indulged persons their forsaking and laying aside at the command or desire of the Council that useful and commendable piece of our Reformation I mean the Lectures or