are students in Divinity or Country Schoole-masters or such youths who are bred with some Gamaliel who after that they have given their private trialls by Preaching and dispute are enrolled Expectants of such or such a Presbyterie These must keep their turnes in Exercising and adding as they call it with the actuall Ministers so they call them and once admitted to that Presbyterie may whensoever employed Preach in any Parish Church within the bounds of that Presbyterie doe all Ministeriall acts except Baptize or give the Sacrament of the Lords Supper for ought I know there is no Consecration used by them in that holy action but a meere thanksgiving nay they may be constant helpers and Copreachers with a Rabbie if hee the Parish and Presbytery agree to it I pray you shew me where ever you read of such a profanation that a Lay-man without Orders Imposition of hands shall be a publique Preacher of God's word and intrude upon this Sacred Function These for the most part were the Beardlesse Boyes King Iames of blessed memory mentioneth in the conference at Hampton Court Who would brave him to his face pag. 4. Within one County there may be two or three more or fewer Presbyteries according as there be more or fewer Parish-Churches and yet all these Presbyteries are independant one from another only it is remarkable that the Presbyterie of Edenburgh because as they speak it is seated on the Watch-Tower hath well nigh obtained by custome and other meanes a Superintending power over all other Presbyteries and other Presbyteries many times send thither to have resolution of their difficult cases The reason is besides the eminency of this City by its wealth and the residence of all highest Courts of Iustice there although this Allobrogicall brood maintaine Parity there be notwithstanding some few Patriarchs who rule and over-rule all who Lord it and Pope it over the Lord's Inheritance and in this City ordinarily are some of these Patriarches and the Responsa prudentum from hence are received as Oracles by remote Presbyteries and reverenced as answeres by Vrim and Thummim There is none who liveth within the verge of a Presbyterie but is answerable to this Classis and Iudicatorie and must appeare whensoever or for whatsoever cited The King and His family are not exempted nor priviledged if He be cited and appeare not He may be excommunicated for His disobedience and contumacy If He appeare He must submit His earthly Scepter to that their Scepter which they terme the Scepter of Christ He must doe what is enjoyned The Presbyterie is independent from the Crowne of an earthly King who is Gods and Christs Vicegerent in the generall Kingdome of His providence only But this Sanhedrim is Christs vicegerent in His oeconomicall Kingdome as Mediator as they speake and consequently to it He must vaile His Crowne submit His Scepter and from it receive Christs Law and Ordinances King Iames of blessed memory knew this well who therefore in that Conference at Hampton-Court pag. 79. saith A Scottish Presbyterie as well agreeth with a Monarchie as God and the Divell then Iack and Thom and Will and Dick shall meet and at their pleasures censure Me and my Councell and all My proceedings Then Will shall stand up and say it must be thus Then Dick shall reply and say nay marry but we will have it thus And therefore here I must once reiterate my former speeches the King is answering to D. Rainolds who seemeth to begge of His Majesty a Presbyterie or some thing like to it Le Roy s' avisera Stay J pray you for one seaven years before you demand that of me and if you then find me pursey and fat and my Wind pipes stuffed I will perhaps hearken to you for let that Government be once up I am sure I shall be kept in breath then shall we all of us have work enough both our hands full But D. Rainolds till you find that I grow Lazie let that alone It is more than notoriously knowne to many yet living and is upon Record in the Presbytery Bookes of Edenburgh how King Iames not once but many times hath sent men of Honour and good quality demanding or rather requesting for some things at their hands who have heard the Commissiones propose the King's mind But they to keep the power and place Christ hath given them in that dignity suitable to so high a trust have dismissed the Gentlemen sent by the King without answer and by an Order of that Spirituall house have appointed one or two as Commissioners of the Presbytery to goe to the King with their will and pleasure loosing no thing of Christ's authority and carrying themselves with the King almost as if two free Estates or two free Kings had met and were dealing together As no person is exempted from obedience and submission to this power so no crime or sinne whatsoever committed or suspected to be committed within the Seignorie of this pettie Principalitie And that sometimes is so extravagantly and transcendently too look't after and called in question especeially if indiscreet zeale or holy Spleen work and move by the Spirit on a holy Brother that if there be a fact and fault committed secret or knowne to very few it is brought forth to the light of the World There is no care taken to reconcile the Lapsed to God in a private way and to conceale his offence but disgraced he is publiquely What sound repentance this may worke judge you How consonant this is to the Apostolicall Canon They that sinne publiquely rebuke publiquely and to the common Maxime of the Church de occultis nonjudicat Ecclesia he may easily see who hath not divorced himselfe from common sense and reason To cure these secret sinnes by the power of the Keyes in interiori foro conscientiae and to cover them with the mantle of Charitie smelleth rankly of auricular Confession Popish absolution and Sigillum confessionis See the conference at Hampton-Court pag. 93. It is certaine a foolish man revealing foolishly his faults to his wife the zealous wife upon some quarrelling betwixt her and her Husband hath gone to a good Minister revealed what was told her and the honest impartiall Minister hath convented the man charged him with his sinne and made him confesse satisfie and doe pennance publiquely Nay upon a surmise suggestion suspition or any misinformation if the Minister or Lay-Elder delate that is present two persons to converse so familiarly that it is to be feared that they are guilty of fornication if they be unmarried or of adultery if both of them or either of them be married they shall be cited and convented examined by all proofes presumptions interrogatories c. whether or not they have sinned If that the presumptions be pregnant although no proofe be they shall be put in close prison fed on bread and water kept that none may come at them all Members Constituents of these Iudicatories
order to Prorogate it to another and longer day which was accordingly done by publike Proclamation authorized by His Honourable Privy Councell of that Kingdom Notwithstanding all which some Thirteen or Fourteen Godly zealous brethren must needs meet at Aberdine at the day appoynted for the Assembly They established and formalized the Iudicatorie by constituting a Moderator a Clerk and other essentiall Members of the Court The Lords of Councell understanding this contempt sent a Gentleman of good qualitie and place with an Herault at Armes to discharge and dissolve the Holy meeting The Commissioner and Herault were entertained with as much respect as before they had given reverence to the Proclamation issued out by the Soveraigne authoritie of the King with the advice of His Honourable Privy-Councell The Holy Fathers in the great Sanhedrim protested and professed that in Conscience and Duty to Almighty God they were bound to preserve the Churches right and could not would not give way to that power the King Sacrilegiously usurped which properly and natively belonged to the Church virtuall the Assembly They kept and continued the Assembly some dayes and finding that no more of the holy Brotherhood came to joyne with them they dissolved and to preserve the holy right of the Church appoynted the time and place of meeting for the next Assembly The King hearing this gave order to His Privy-Councell to cite convent them before them and to punish this High contempt The more zealous Champions of the Lord of Hostes appeared and with an undaunted courage gave in to the Lords of Councell a Protestation a Declinator from the Kings Councell and appealed to the next Generall Assembly as the sole and competent judge in this case and cause The Kings Atturney or Advocate by order from the Councell-Table was ordained to pursue them criminally before the Lord Iustice Generall and that upon the Act of Parliament mentioned before Anno 1584. upon which Order the one halfe confessed their fault and easily made their Peace and obtained pardon The zelots were convicted of Treason ad Terrorem exemplum more then for any other end or respect and only banished the Kingdom Of whom the most part thereafter upon their confession and submission were pardoned came home lived and enjoyed their own or at least as good if not better Benefices Sir are these things consistent with Monarchie or the obedience is due to Soveraignty and its Highest Courts So absolute and uncontroleable is this High Celestiall Court that it commandeth Conscience and Soule disposeth of body and estate in the poynt of Religion that if you conforme not in all neither Soule nor Body nor Estate can be in Peace nay no toleration can be allowed where this soveraignty domineereth And to make this power of the larger extent it is certain their faith and things necessary to Salvation are of greater latitude then that of the Councell of Trent If any doth not after a little time granted for information conforme and subscribe to their confession of Faith which is more in negatives and destructives then affirmatives and positives their rule of government their manner of Worship and what else in their opinion is necessary to Salvation and in this I am sure they are more rigorous then ever God or Catholike Church was for if you dissent but from them in a Theologicall tenet it is Heresie you are forthwith excommunicated and given over to the Divell after which upon the remonstrance of a Commissioner from the Presbyterie to the Civill Iudge there is a warrant from Supream authority given out to command you to conforme this is different from the Writ De excommunicato capiendo or then within few dayes to be put to the horne that is outlawed Vpon disobedience the tender conscience not conforming the outlawed's estate moveable Chattells we call it become proper to the King God knoweth little of this benefit commeth to the King's Thesaurer but a Donater to the escheit which ordinarily is the Convicted's mortall Enemy for a little composition hath the right made over and hath the benefit of the escheit If within yeare and day he give not obedience and conformity His whole Revenues and Rents of immoveable goods forfeit to the King during his life time Some Enemy of His or Favourite of the Thesaurer's obtaineth the King's Right and the King hath little or nothing of it Here you have him stript of all his Estate moveable immoveable Yet here is not an end but still upon Remonstrance of the Presbyteries or Church's Commissioner another writ goeth out which they call Letters of Caption that is if I mistake not the tant'amount of the writ de Excommunicato capiendo which is directed to all Sheriffes Stuards Provosts Bailies c. to seize secure his Person wheresoever it may be apprehended and to commit him to close Prison as a Rebell If he skulk and hide himselfe then upon the same Remonstrance goeth out a writ which there they call Letters of Intercommuning I know no thing in the Law like this the intent is that none of the Kings Subjects commune or conferre with him coram or personally or by Letter or interposed Person keep intelligence or correspondence with him otherwise the intercommuner is to be judged and reputed to be a Rebell of the same guiltinesse You will be pleased to remember this when the Church requireth all these of the civill Magistrate so they are pleased to terme Soveraignty he is bound to grant them Now Sir I pray you consider if this is not in many respects worse then the Inquisition when an opinion in a Theologicall tenet different from the assured faith of those Gamaliels may bring a man unto all those troubles Onely to make amendes for this remember this authoritative way preserveth a Church from Haeresie Error Superstition and Schisme There is another practice of the power of this Court that for the glory of God the honour of the King the good and preservation of Church and Religion it may assume to it selfe to be Iudge of what is Treason what is not who are fit Councellors for a King who not Practice is the most sure infallible and clear proofe and demonstration of power I will give you one in the case of Treason that none dare to say it is a Lye and which can be made good by the authentick and publique Records of Parliament and Councell of Scotland and their owne Noble acts of generall Assembly When King Iames about the age of Iosias when in holy writ it is recorded of him that he began to seeke the Lord with all his heart had taken the Government of the Kingdome in his owne hand and did Reigne and Rule with such prudence incomparable admirable that none could justly except against Him or His Government yet such was the restlesse ambition of some who could not with patience endure the trust of others especially of that Noble worthy Esme Duke of Lennox His Majesties nearest Kinsman
AN ANSWER BY LETTER TO A WORTHY GENTLEMAN Who desired of a Divine some reasons by which it might appeare how Inconsistent PRESBYTERIALL GOVERNMENT IS WITH MONARCHY In which the Platforme of that Government is briefly delineated with the tenents and suitable practises thereof And withall it is demonstrated that it is inconsistent with any government whatsoever is full of Faction Sedition and Treason an enemy to all Peace Domesticall Neighbourly Brotherly c. against Soveraigne authority authority of all Iudges and Iudicatories entrenching upon all so farre as there can be no liberty of Person Trade Commerce or Propriety but at their pleasure who bear sway therein Printed Anno 1644. Sir YEsterday you desired me to give you some proofes by which it may appeare how inconsistent Presbyteriall Government is with Monarchie You were pleased to tell me that some good and worthy men doe desire to be satisfied in this point It seemeth these men doe not think that Presbyteriall Government is destructive of the true necessary and perpetuall Government of the Church which is Episcopacie instituted by Christ propagated by his Apostles and continued by uninterrupted Practice above 1500 yeares in the Church and to this day retained in the greatest part of the Christian world We deceive our selves to promise or expect to King or Kingdome Prince or Subject Peace and safety or deliverance from our troubles and distresses if we subordinate Fundamentalls in Religion necessary truths of faith worship and government to our publique or private civill good Nor am I able to expresse how high an Impietie it is at this time when God's hand is out against us justly for our sinnes to be so disposed and fixed upon a resolution that to redeem externall Peace we will embrace any Government of the Church provided it be consistent with Monarchy and will not scruple not onely to shake off the true and necessary government instituted by our Lord but by Law endeavor by highest authority to condemne it as Antichristian If this be not to frame mischiefe by a Law I know not what is If this provoke not more wrath more vengeance make not the Land spew us all out I am infinitely deceived We may promise to our selves that by such a course we may say like to the man in the Gospell Soule take thy rest for many dayes but it feareth me the successe and event shall be much like to his case Sir I pray you consider what Peace hath King or Kingdome enjoyed here or in Ireland since Episcopacy in Scotland by Law was damned and the Presbyterian Anarchie the Seminarie of all fude Faction and Rebellion as will appeare by what ensueth by Law and Supreme authority established I cannot dissemble but to a man of your worth and Integritie I must unfold my selfe I admire to see too too many amongst us here where is great plenty of able Gentlemen of excellent learning worth wit and all other perfections endowments as in any Nation besides to be so prepared that they are too too inclinable if not actually resolved to admit and authorize in this Kingdom and Church what they know not and to forsake that happy Native proper government of the Church the sweet fruits of which they have reaped so many yeares to the admiration if not envy of other Kingdomes States and Churches This is Samaritan-like to worship that we know not Or Athenian-like to consecrate an Altar and to sacrifice to an unknowne God Your worth and noble favours oblige me so much to you that I cannot chuse but obey your command And for your satisfaction I present you with a short view as in a Mappe of Presbyteriall Government give you a little touch of their Maximes and suitable Practices and that with as much truth and honesty as your goodnesse expects from me By which it will be more then apparent that Presbyterie as it is at this day somewhere within His Majesties Dominions is not onely inconsistent but also destructive of Monarchie And where it obtaineth it disturbeth the quiet and peace publique and private of King and Kingdome This is that you desire and to satisfie you to this I confine my selfe This Presbyteriall government within it's verge hath foure Iudicatories 1. A Parochiall Session 2. A Presbyteriall Consistorie 3. A Provinciall Synod 4. A Generall Assembly The Parochiall Session moveth in the lowest Sphere The Generall Assembly is the Primum mobile the highest Orbe which carrieth all with it's motion although the rest have their proper and specifick motions The other two are in the middle and interjected Orbes I shall begin at the lowest Iudicatorie and so shall orderly ascend to the Supreams Of the Parochiall Session EVery Parish hath one or more Ministers If more all of them are equall in all honour and jurisdiction onely the Senior hath the precedencie To the Minister or Ministers of each Parish to make up a Session in which is fixed the Parochiall Iurisdiction a competent number of Lay-Elders whom they call presbyteri non docentes and Deacons proportionable to the precinct and extent of the Parish are conjoyned which associate body thus compacted is the Spirituall-Parochiall-Sanhedrim This Session sits once a week or oftner pro re natâ In which all Parochiall cases which concerne externall order and censure are determined and ordered If there be but one Minister in the Parish he is constant Moderator If there be more they moderate by turnes either weekly or monthly as they agree Whatsoever thing is ordered determined or decreed is done by the joynt-consents of the Minister Lay-Elders and Deacons or by the plurality of voyces The Minister who is the Moderator hath no casting no Negative Voyce The power of all Iurisdiction is radically and equally in all for binding for loosing for all censures Ecclesiasticall for orders which concerne externall order and worship So the Power of the Keyes is as much in the Lay-Elders and Deacons as in the Minister or Ministers What sacrilegious intrusion upon sacred Orders this is I need not informe one of your understanding To make this frame good they maintaine that Iure divino there be foure orders of Ecclesiasticall offices allow me to speake in this Epistle all along their dialect or persons 1. Preaching-Elders whom they call Ministers 2. Doctors these are professors in the Chaire such as are in Vniversities 3. Lay or ruling-Elders who now have vocem deliberativam decisivam in rebus fidei Cultûs politiae and in foro exteriori Ecclesiae in censuris Ecclesiasticis are as much interessed and authorized as Preaching-Elders 4. Deacons who have trust of the meanes and monies destinated for pious and charitable uses This is very considerable too that although they hold these foure orders and offices necessary for the Government of Christ's Church de Iure divino by divine Right and Institution yet neither the Parochiall Conclave nor any Presbyteriall Consistory except it be where the
Presbyteriall seat is in a City where an University is have any Doctor or Doctors amongst them Nay which is more nor be any such in their generall Assemblies or if they be they appeare only in that capacity as Commissioners from and for the Vniversity It is worth your notice taking that their Lay-Elders and Deacons are yearely elected Here is truly verified of them that Hodie Clericus cras Laïcus The things within the compasse of Session-jurisdiction are things meerly Parochiall the ordering of the Parish-Church and peculiar Service the censure of lesser Scandalls I must speak their words as Fornication Drunkennesse Scolding Profanation of the Sabboth they mean the Lords day c. Capitall Scandalous crimes or Scandalls of Highest straine are reserved as cases of peculiar jurisdiction for the Presbytery as also lesser offences when they are attended with Obstinacy and what is censurable or punishable by the greater Excommunication If I mistake not they know not much at least use not much the Lesser Excommunication In the cases above mentioned the Cognition Examination and Iudgement of the cause is proper to the Presbytery the Minister with his Parochiall Conclave are only the Executioners If any parochiall difficult case occurre which this Parochiall Sanhedrim cannot determine the use is to consult with the Presbytery When the Session censureth any delinquent or Scandalous person they order his publique and Solemne repentance if by some superiour judicatorie it be not determined as they think fit by plurality of voyces after performance of which order the penitent is received into the communion of the Church But before the delinquent be admitted to doe his Repentance he is fined in a pecuniary mulct at their discretion proportioned to the demerit of the offence and the ability of the Person as he is poorer or richer It is true this mony is for the most part imployed to pious and charitable uses As they punish by Pecuniary fines so corporally too by imprisoning the persons of the Delinquents using them disgracefully carting them through Cities making them stand in Iogges as they call them Pillaries which in the Country Churches are fixed to the two sides of the main doore of the Parish Church cutting the halfe of their Haire shaving their Beards c. and it is more then ordinary by their Originall and Proper power to banish them out of the bounds and limits of the Parish or Presbytery as they list to order it Is not this potest as utriusque gladii would not a good Learned Iurist say that this is not only intrusion upon meeriy civill power but upon the very Royall Rights themselves The Imperiall Law if I be not mistaken maketh banishment so peculiar to the Soveraign Authority that without it's power and consent it cannot be inflicted upon any civis any Subject Their ordinary practice more in this is that when a pecuniary mulct is inflicted if the delinquent pay not the defined and determined summe or at least give security for the payment of it although he should testify all the contrition is requisite by humble confession and offer most willingly to doe all pennance to give all satisfaction he will not be admitted to satisfy publikely nay he is proceeded against for Contumacie and they will threaten Excommunication Nor is that to be passed by that if a Child be borne in Fornication and either of the Parents hath not satisfied the Church they will refuse to Baptise the poor infant till the Church get satisfaction This is consonant with Scripture anima quae peccaverit ipsa moriotur It is fit now in the next place to speak of The Presbyterie VVHich is the next Iudicatory to which the Session is subordinate It hath in it somewhere more somewhere fewer Parish-Churches as some are made up of Twenty some of Twelve some of fewer All persons within these Parishes within the precinct of this Presbyterie of what quality soever the King or His family herein are not exempted nay nor from the jurisdiction of His Parochiall Session are under the power and jurisdiction of this grand Consistory The members Constituents of this Presbytery are all the Parochiall Ministers within its compasse and a Lay-Elder for each Parish The Lay-Elders are in number equall to the Preaching Elders and in power voyce Iurisdiction in Haeresie Idolatry Worship Censure c. are parâ— consortio honoris potestatis praediti are so equall and unâ—â—oâ—me that a Plowman from the Plow or a Tradesman from his shop sitting there in the capacity of a Lay-Elder his voyce is as good as the voyce of the most Reverend and Learned Divine if any be there They maintain a parity in all only a little difference in this that a Lay-Elder cannot be Moderator Yet have they no Canon for it And we are able to prove by their books that men who were never in Sacred Orders of Priest or Bishop have been Moderators not only of their Presbyterie but of their so much Idolized Generall Assembly Mr Robert Yoole who was never Priest nor Deacon onely Reader in St Andrews was in one turne for a yeare or halfe a yeare or some lasting time Moderator of the Ptesbyterie of Saint Andrews and Mr George Buchanan who was never Church-man and Mr Andrew Melvil who had never the Order of Deacon both of them have been Moderators of their great Generall Assembly The cases proper to this Iudicatory are first such as are from every individuall Parish within its compasse referred or presented 2. All crimes and scandalls of highest straine namely such as are civilly punishable by death 3. All crimes which come under the censure of Excommunication 4. All appeales from Sessions 5. All differences which cannot be composed or determined in the Parochiall Conclave 6. The visitation and censure of all what is amisse in every Parish either in Preacher or other 7. The appoynting of Readers and Schoolemasters They meet once a week in some places in other places only once a fort-night All the ministers in their severall turnes at their meeting Exercise as they call it that is there is appoynted by the Presbyterie some one book of old or new New Testament which every one by turnes in his own course interpreteth in the Parish Church where the Presbytery doth meet Two alwaies speak the first from the Readers Desk or Pew the other in some other place distant from him but convenient for hearing The first Analyseth Interpreteth and taketh away the doubts of his Text and as they enjoyne he is bound to the doctorall part The second when the first hath done addeth to what is said hath a warrant to supply the defects or correct the errors of the first speaker but especially his charge is the Pastorall part to apply the text and bring it home to the affections There be Ingredients in this Exercise such as God's Church before this late age never knew a kind of Creatures whom they call Expectants These
of Cooper in Fife A noble man there having one Maister Weymis an honest man a Preacher and Parson at one of the Churches the which whole parish belonged to the Noble-man used all the entreaties all the threatnings he could to perswade Master Weymis to make over to him and his house the Right of the benefice which if I mistake not was a Parsonage The good man refused it the Noble man finding the man immoveable having prepared the way with the Ring-leaders accuseth the honest man before the Presbyterie obtaineth sentence of removing Maister Weymis from that Church and benefice and bringeth in one M. Scrogie who with the consent of the Presbyterie sacrilegiously made over the Right of the Church to the Noble man and his Family M. Weymis was transplanted to another Church The Right made over by Scrogie was afterwards confirmed by Act of Parliament King Iames when this noble man came to him spoke to him to this sense My Lord I wonder how you have so much power with the Presbyterie to obtain such a thing and work so strange a matter I pray you teach me the way for I would gladly know it The Noble man answered to this sense or much about it Sir you take not the right way I prepared my businesse by gaining the prime men to my course I sent to A. B's house so much Malt and to C. D's house so much Meale to N. a Carcasse of Beeffe this got me the power to put away Weymis to bring in Scrogie and from him with the consent of the Presbyterie to have the right of the Parsonage impropriate to me and my house Sir this course you must take if you would work any thing by or with these men The Testament of a Gentleman of Wit and more then ordinary worth and esteeme is to this day extant although he dyed many years agoe wherein confessing his many Sinnes he was much guilty of uncleannesse and was of more then ordinary reach in Politicall and Subtile waies abhorring himselfe for them and earnestly begging pardon professed and protested that no sinne did wound his conscience so much as his deep Hypocrisie who without the true feare of God made great shew of Religion where none or little was and to cover his sinnes from the World to hide his shame and the better to effectuate his private designes he made much of some few prime leading Ministers by doing of which he was not challenged for his sinnes and was enabled to worke his other ends This hath been and is this day a constant course kept by all of that cutte and coate It is known that no Kingdom of the Kings was so much infested with Feuds as they call them as that of Scotland nor was there any thing more ordinary then Neighbourly Feuds in Parishes to be fought to the effusion of much blood partly beginning sometimes within the Church and ended in the Church-yard where many times some were killed And it was as ordinary to find each Presbyterie divided in their affection and course according as they affected the one or the other partie Nor was Scotland ever free of Feuds sheathing their Swords in their Neighbours bowells murthering one another till a little before King Iames came into England nor did ever that Kingdom enjoy such Peace and Plenty as during the time of Episcopacy Sir by the few instances I have given you of many you may see clearely that Presbyterian Government is not only inconsistent with Monaichie but destructive of the Liberty of the Subjects person and trade encroaching upon all Authority Soveraigne and delegate restraining at pleasure Causes and Suits commenced before Iudges forbidding Execution of Iudgements obtained before the ordinarie Iudges repealing Grants Letters-Patents Rights and Priviledges authorized by Law assuming to it selfe the Civill power exacting Civill fines pecuniary mulcts inflicting corporall punishments painfull and disgracefull defaming young disgracing married persons in briefe is against the peace of the Kingdom of Families and neighbours And for their Clergy or fellow Presbyters they tyrannize over their Conscience depose or transplant them at pleasure for reasons known to some few of the more active It is proper now to speak next of Provinciall Synods IN describing of which we need not to insist much for except that the Iurisdiction is of greater extent and latitude yet in its essentialls constitution and power with the exercise of it it is the very same A Provinciall Synod is the apish Imitation of a Provinciall Councell consisting of a Metropolitane and the Suffragan Bishops of his Province With them it is an associate body of the Commissioners chosen out of all the Individuall Presbyteries within the precinct of the Province How many there be of them in the Kingdom of Scotland at this instant I know not but the Kingdom is divided into so many Provinces as they in their prudence think it fittest for the Government of the Church If I remember right by their platforme of Discipline these Provinciall Synods are to meet twice a yeare or oftner pro re natâ These Synodall Assemblies have a superintending and overruling power over all the Presbyteries within the limits of that Province The cases proper to these Courts are 1. All matters which doe appertain to the whole Province 2. All â—â—ferres from all Presbyteries within its verge 3. All cases of every severall Presbyterie which were difficult and could not there be determined 4. The due censure of all what is thought to be done amisse in any Presbyterie within its lash 5. What is ordered and decreed in those Provinciall Synods tyeth all within the particular Presbyteries and Parishes as well Lay as Clergy-men to obedience Any Presbytery else that moveth without the spheare of this Province is not tyed to obey what this decrees by virtue of any authority flowing from it The same course is holden in all things in the Provinciall Sanhedrim which is kept in the Presbyteriall Consistory so that I need not trouble you by resuming and repeating the like only here is some peece and use of good Policy which is this In a Province there may be some foure or five or six or more knowing leading Ministers who over-rule different distant Presbyteries so cannot formally fairely joyne their wits and power to compasse their common and private ends The meeting of this Provinciall Synod occasioneth the meeting of those leading men in the same place who after that they have communicated Counsells and agreed upon the course they are able to draw their brethren their pupils of their Faction as Sorvum pecus slavishly yet with much zeale to dispute debate and voyce for what they in their wisdome think fit for their own ends which course layed downe will be so prevalent that if it be against King Country Preacher or Lay-men in that concerneth the publike or any private mans interest to whom they stand engaged it is to as little purpose to some
Ambassodors The Magistrats of Edenburgh proudly contemne the command of the supream spirituall powers and out of carnall affection feast the King the French Ambassadors Royally Nobly on Monday when the Ministers the good Christians of Edenburgh fast the King the Ambassadors and Magistrates of Edenburgh feast ô facinus horrendum But to avert Gods judgement from the Land the Major and Aldermen were cited and convented here was some favour that the King and Ambassadors were not but I will tell you it was partiality and corruption for some of the Ministers were the Kings Pensioners and this kept the King free to be censured for their high Scandall in contemning so solemne a Fast There was much work but the King who was the chiefe and almost sole transgressor with interposed delayes and much sollicitation and prudence took off the edge of their zeale and the pursuit ceased 4. That this Assembly is Soveraigne in all Spiritualls admits no Coordinate or Coequall power farre lesse a superior is cleer in this That if any Preacher be charged before King or Councell for any offence to be punished if they in any case can cloath it with a spirituall respect or circumstantiate it so that it may be qualified for the Spirltuall High Sanhedrim the party cited and convented may and ought to appeale to the Generall Assembly as to the Iudge competent Mr Andrew Melvil if I be not deceived was the first Spirituall Councellor of Law that taught this way It is certain that what they Preach in Pulpit is not censurable by King Parliament nor Councell or any Iudge or Iudicatory else There be two reasons for it one is that Spiritus Prophetarum subjecti prophetis the spirit of the Prophets are subject to the Prophets onely 1. Cor. 14. the t'other is whilst men are there in that infallible pulpit they are ruled by some superior good spirit and they dare not blame or condemne them least they should offend and sinne against the Spirit and so although a man Preach downright Treason if it be in this place he is priviledged It is known and I hope yet remembred that after King Iames of blessed memory anno 1584. made many good Lawes to curbe the Insolency of Ministers did by Statute and Act of Parliament declare His Supremacy over Ecclesiasticall Persons and causes condemne all Iudicatories in use which were not by his own authority established He meaned the Presbyteriall That the Ministers then did importune the King to repeale them and when that would not doe did they not fall at last into open railing against him in pulpit as an enemy to Christ and his Kingdom they dispersed through the Kingdom infamous libells against his Person and Royall Honour they branded him as an Apostate from the truth and reviled him as an ofspring of the cruell and bloody house of Guise This forced the King to put out a Declaration anno 1585. in Print yet extant to vindicate himselfe and his Honour from that unchristian and more then disloyall calumnies At or about the very same time some fugitive Ministers out of Scotland pretending they were persecuted did in the Pulpits of London with their fowle mouths raile against His Majesty the wisest and learnedst of Kings so that the Scottish Ambassador was forced to complaine to Queen Elizabeth of it Her Majesty gave present order to the Lord Bishop of London then to silence all the Scottish Preachersthere Now that this Sanhedrim is only competent Iudge in Spiritualibus and that one convented before King and Councell may decline his and the Councel's authority although he hath Preached Treason appeareth cleerly 1. First if this had not been an ordinary practice before this time what needeth the making of that Act of Parliament anno 1584. declaring it Treason in all time to come to decline the Power and Iurisdiction of the King and His Councell 2. Secondly has not Iames Gibsonne Minister at Pencaitland witnessed for or against himselfe rather in this case in Print who publiquely in his Preachings compared His Majesty unto Ieroboam told him He should be the last of His Race reproached him as a Persecutor and much more of this zealous stuffe who being convented before the King and Councell and accused of those pious crimes He with that boldnesse becometh His Order justified all saying to His Majesty As long as you maintain these cursed acts of 1584. the tyranny of Bishops you are a Persecutor And addes that as Jeroboam for the leading of the people of Israell from the Lawes of the house of Iudah and from the true worship of God was rooted out he and all his posterity so should the King if He continued in that wicked course maintaining those wicked acts against God be rooted out and conclude the race much more to the like purpose was said if any look upon the Privy Councell Books of the Kingdom of Scotland he will find this a truth He was convented 27. December anno 1585. This man was an Oracle consulted and gave his answer in Coppinger Arthington and Hacket's extraordinary motion which storie you know better then I. Mr Black Minister of St Andrew's was convented too before the King and Councell about the same time who appealed from King and Councell to the Presbytery or Generall Assembly this last had spoken against both King and Queen There was a great businesse for the two mens appeales their brethren sided so much with them that the King had too much to doe At last out of more then warrantable indulgence His Majesty was content to insist no farther against them before His Councell but to remit their censure to the Generall Assembly it selfe before which it was cleerly proved that in pulpit they had spoken reproachfull and Treasonable speeches yet could the King by no power or entreaty obtain of them to inflict any punishment upon them because said they They knew not with what Spirit they were overruled I will shut up this poynt with one instance more then sufficient to make the truth of what I say to appeare Before King Iames came to the Crowne of England it was ordinary in Scotland to have a Generall Assembly once a yeare and oftner pro re natâ upon any great exigent The last which was kept during His Majesties abode there was Anno 1602. in the close of which the next ensuing was appoynted to be at Aberdine Anno 1603. in the interim the King succeeding to Q. Elizabeth and being in England He was so much taken up with the affaires of the Kingdom that He was necessitated to lay aside those concerned Scotland and for this reason His Majesty thought it fit to adjourne the Assembly unto which he had a speciall eye knowing their turbulent disposition and experienced in it whilest he was present amongst them to the next Summer in Anno 1604. When the time appoynted was come His Majesties more weighty affaires not suffering him to think upon the Assemblies businesse He gave
and highest Favourite and that justly for His most eminent Noble endowments These discontented Gentlemen layed downe a resolution to get the King into their hands and power and to thrust out that Noble Prince They watched an opportunity when the King came to His sport of hunting neare to Saint-Iohnstowne with an ordinary attendance the Noble Peere staying with others at Edenburgh for the King and Kingdomes better service surprised him fearing no ill seized his Person carried him along to the Castle of Ruthen kept him so that none could have accesse to him till he was forced to command the Duke of Lennox to depart the Kingdome which out of zeale and love to the King he did in Winter embarking at Dunbrittane came to France and dyed shortly after and to change all his servants they disliked and to surround him with themselves and their owne They kept their King in captivitie the space of nine monthes suffering none to come at him but such as they pleased The wise King put a good face upon a foule businesse seemed to like well of them and their courses Neverthelesse the best and most knowing of Subjects grumbled exceedingly to see their Prince so abused The Conspirators understanding it did advise upon the best course to satisfie the people and to bring them to approve their way They wrought with the chiefe Rulers of the Synagogue and prevailed At the next generall Assembly they give in a Remonstrance to them then sitting in Edenburgh declaring the Extraordinary reasons that moved them to secure His Majesties Person in the Castle of Ruthen their zeale to the Reformed Religion which was in imminent and apparent danger by the practices of the Duke who was sent from France to Scotland of purpose to corrupt the young King their care to secure the King's Royall Person whom the Duke intended to conveigh privately to France their desire to free the Subjects from the bloody tyranny and oppression both of their lives and goods by the malitious disposition and insatiable avarice of those who were about him and overruled him and a great many more specious pretences which are not much different from these of this time upon this Narrative the humble Petition to this Superlative Soveraignty was that the holy Brother-hood would be pleased to give an approbation to this their Heroick and Christian fact and whatsoever was their judgement they would obey it with this proviso that it should be made knowne to all good Christians within the Realme The demand was pious and just the holy Assembly secured from erring and error and not encroaching upon any thing meerly civill but in a case of so high concernment in ordine ad spiritualia as competent Iudges doe take the case into their consideration and after mature deliberation being assisted with a fansied infallible direction give out their verdict authorize and approve all in substance or circumstance to be holily and justly with much zeale and discretion done In all this they exceeded not their power and that because what was done was for the advancement of God's glory the honour and personall safety of the King and publique good of the Kingdome That all good People may rest content and be fully satisfied it was further ordained that all Ministers shall upon their returne to their Parishes intimate so much to all their flockes and withall exhort all People to esteem the actors as good Christians and Patriots that for the causes above mentioned were necessitated to take this course to preserve Religion to rectifie the errors of Court which were brought and wrought to that height that both Religion and Policie were in the greatest imaginable danger The Ordinance was accordingly performed to no small griefe of honest Subjects and Christians Sir if there were no more instances what doe you thinke of this It is worth your notice taking that this Noble Duke dying in France who before His comming to Scotland had been bred in Popery became a Protestant when He came thither and was King Iames his Convert While he was a dying Romish Priests were most earnest for accesse to reconcile him to that Church but he adhering to truth and protesting withall his Promise to his Cousine King Iames would admit none and dyed in the Communion of the Protestant reformed Church This high Court the generall Assembly in ordine ad spiritualia challengeth and practiseth a Soveraigne power above all civill Lawes and Statutes and Acts of Parliament And that with that power that of it selfe it may repeale and condemne standing Lawes and Acts of Parliament which are in practice and observed within the Kingdome To give you a recent example and instance of this Since this Assembly of late in this distemper hath recovered it's place and power the generall Assemblies of Glasgow and Edenburgh have damned Bishops as Anti-christian and against their Reformation I wave this More they have secluded Bishops or any Church-man from having any voyce in Parliament Conventions or Councell Thus by their owne most proper Ecclesiasticall authority they have made voyd many Acts of Parliament there which before were in force and practice As that in anno 1584. declaring it Treason to call in question the power and authority of any of the three Estates that is Bishops Lords and Commons or any one of them This act was made onely to preserve the priviledges of the Ecclesiasticall estate inviolable This is evident by the King's Declaration put forth the yeare following 1585. Again they have made voyd another Act of Parliament in anno 1597. Ordaining Ministers that should be provided by His Majesty to Prelacies to have Vote in Parliament as being the third Estate Another in anno 1606. The same Assemblies did declare the Acts of the Assemblies of Glasgow Perth c. null voyd and unlawfull which notwithstanding were enacted as Municipall Laws obedience commanded and practised in the greatest part of the Kingdome How much King Iames his happy memory is blasted by these supercilious new Orders of those Assemblies my Pen blusheth to expresse The same Assemblies have condemned the high Commission Court declared by Act of Parliament And this is done upon this ground which proveth their Soveraignty in spiritualibus because it was not consented to by the Church That is the vertuall Church the generall Assembly When I consider these things I cannot sufficiently wonder how the high Court of Parliament of England hath swallowed and sworne their Covenant which in it's right sense doth establish a Court above King and Parliament Iudge you Sir if this Oath be in Iudicio veritate justitiâ If King and Parliament be subordinate to this Court in spiritualibus or in temporalibus in ordine ad Ecclesiastica all the reason in the World will plead that it is most just that all Iudicatories whatsoever even the Supreamest from whom lyeth no appeale submit and subject themselves to it The holy Fathers of this Court have showen their Right in this point
too To confirme this fearing I have wearied you I will bring but one instance and spare to trouble you with more This Story can be made good by Records which I am to tell you And first give me leave to informe you That the Lords of Session who by Act of Parliament are so are in all Civill causes the Supreame Iudicatorie of the Kingdome under the King No Iudgement passed there can be rectified or reduced by any Iudicatorie under the King and Parliament but by themselves which is onely by suspension of Execution of that is judged and decreed or by action of Reduction This is nothing but provocatio a Philippo malè edocto ad Philippum rectiùs edoctum This thus premised I come home Mr Iohn Graham one of the Iudges of that associate body had commenced an ordinary and proper suit before the Lords of Session obtained Decree and Iudgement according to his Libell After which a rumour was noysed abroad that the Writs and Evidences upon which his suit and the judgement upon it were founded were forged and false The generall Assembly took notice of this injust decree as they to whom the inspection of Religion and Iustice belongeth and who were bound not to suffer such an unjust judgement to take place and be executed They send for M. Iohn Graham commanding him by their authority to passe from his decree to make no use of it against the Party against whom it was obtained and that because it was purchased upon false grounds and it gave occasion of great scandall that he being a Iudge should make use of such writs His answer was if any would challenge his Decree or Iudgement upon any just ground he might have his recourse to the ordinary Iudge and take it away by way of reduction but so long as it was not reduced it concerned him to take the benefit of it Then seeing that they could not prevaile by admonition they threatned him with Excommunication if he did not what they enjoyned He appeales from them to the Lords of Session as the onely Competent Iudges in such cases notwithstanding they resolve to proceed against him The Lords of Session finding themselves interessed and the Assembly usurping upon them and their power in this proceeding against one of their owne number who had appealed to them in a civill cause already judged by them directed some of their number to the Assembly and desired them not to meddle any more in that businesse as being meerly civill and no wayes belonging to their jurisdiction This produced no other effect but incensed the holy Fathers to raile against the Iudges as wicked and corrupt men who sided one with another whether it were right or wrong The businesse at last came to this height that the Lords of Session who would not suffer them to encroach upon their Priviledges by vertue of that delegate power and authority they were invested with from the King threatned to out-law them and to proclaime them Rebells to the King if they proceeded any further and would not admit of the appeale The Assembly finding themselves too weake and not able to make their part good by power in which case onely they will be Martyrs fell from the pursuit and all was quieted Sir I pray you to consider in what condition are they that live under such a government that is boundlesse and universall will give Lawes to King Councell and Parliament Repeale theirs at pleasures reduce and make voyd Decrees and judgement of Highest Iudicatories c. What Peace or Tranquillity can there be in such a State or Kingdom Give me leave to tell you a true story It is known and lamented by all good men this day how King Iames His Soule was vexed with them that many times they have made Him fall out in teares A Noble man a most wise man then Chancellor seeing the King extreamly troubled at the miscarriage of the Ministerie said to Him Sir no man is to be blamed that you are so much troubled with the Ministers as yourselfe for when they doe any thing amisse you never cease till by Your Royall prudence and authority you set it aright againe but would you leave them to themselves the very body of the People would rise up against them and stone them out of the Kingdome His Majesty returned a most pious answer worthie to be written in letters of Gold in Marble that all Kings may learne it My Lord saith He your advice is shrewd Policie but your Counsell is not good piety If I had no more to doe but to serve my selfe of them for a Politick end your advice is good and I know it would prove so But God hath appoynted me a Nurse or Father of his Church it is my charge from my Lord and Master to preserve his Church and not to ruinate it Which if I doe God will ruinate me and my posterity King Iames in the Conference at Hampton Court hath well observed that this Ecclesiasticall Government prepareth way and ushereth in a Democraticall government And he telleth also that in His Mother Queen Maries absence and in his own Minority and non-age it was much thought upon and intended Their Maxims of Divinity lead to it for they say Respublica est in Ecclesiâ The Church and her Policy are the House the Civill government is but the Hangings which necessarily for decency and good order must be made conformable to the House Monarchy is enmity against the Church Catherwood in his book entitled Altare Damascenum gives you it in down right termes Naturâ insitum est omnibus Regibus in Christum odium and in his Preface or Epistle I have not the book by me he calls K. Iames Infensâ—ssimum infestissimum purioris Religionis hostem And that they may now exercise all their power and bring the Kingdom to a Popular State which was not so feisable before it is more then probable and much to be feared and with great prudence to be prevented because the Generall Assembly hath in it now the prime Noble men of the Kingdom Dukes Marquesses Earles Lords the most active and knowing Knights of Counties and Esquires the wisest Citizens and Corporations and this in the Capacity of Ruling-Elders who discontented are able here to make a Faction call King Session Councell or whom they please before them because of their supreame universall and independent jurisdiction And this Iudicatorie cannot erre in its determinations for it is undoubtedly secured from error and assisted with infallibility This divine policy hath another sacred trick to preserve its Soveraignty and to continue it which is this The Generall Assembly ordinarily meets but once a year yet at the end and close of every Generall Assembly there is a choice made of some Commissioners a Committee who are to reside or at least upon any necessary occasion to be at Edenburgh These are the virtuall Assembly and their power continueth till the next Generall Assembly They are in
in a mutuall defence one of another in this holy Cause and League 10. They teach and maintaine that all Soveraignty and Majesty in a King is originally immediately and properly derived from the Communitie and that onely by way of a fiduciary trust so that it is habitually and radically still in the People and the King hath no greater portion or proportion then He hath by the first popular fundamentall Constitution And in case of deficiency the collective body may supply in Church or State the defects of His Government For mal-administration the King is censurable For enormous errors He is deposable and they may disinherite His Posteritie 11. That a defensive Warre is lawfull against a bad King or a weake King seduced by Malignant Councell 12. They may oppose and resist all His Officers and Commissioners by force and violence if they come to execute His illegall commands And if He will be so obstinate that He will come in Armes against these good Christians they resist not His Authority but His Will nor His Office but His Person Besides their practice upon these grounds is to bring all cases all causes under their cognition and Iudgement sub formalitate scandali by which the King is robbed of His Sacred Prerogative The Iudges of their authority and all Subjects of their Right and quiet The rest of their Extravagant Maximes inconsistent with Monarchy and the Peace of Government are reduceable to those heads More then this you desired not Sir being infinitely obliged to you and honouring you much for your worth and Excellent parts cursorily and hastily I have written this answer to you Not intending thereby to reproach any person particularly whatsoever but to lay open to the World how dangerous a Government this is not onely for Monarchy but for all Governments whatsoever and that our eyes being opened we may chuse rather to endure any torment temporary then to enter into this treacherous and damnable Covenant destructive of Religion King Church Peace of all and the Liberty of the Subject To sweare to these things as established de jure divino and to put on poore People to act Treason and Rebellion making them beleeve they are Confessors and Martyrs If this give you any satisfaction I have what I desire If you doubt of the truth of any thing I hope I am able to make all here good by faithfull and authentick Records or Testimony of such as are worthy of trust I pray you keep it for your owne use onely for I should be loath any but a Friend see it it is so rudely done but I dare say truly and faithfully God save his Church from this Scourge and give us Peace and Truth which shall be the dayly Prayer of Your poore Friend and obliged Servant Ioh. â— Act. 17. 1. Of the Session hovv and of vvhom constituted The Minister is Moderator He hath no Negative Voyce The Iurisdiction spirituall is radically in the Lay-Elders Their foure sacred Ordes This yeare they are saered the next yeare prophane The competent cases of this Session They enjoyn civill punishments and fines They will not baptise the child if either of the parents have not payed the fine or satisfied the Church The membeâ—â— constituents of the Presbyterie The cases proper to it The time of meeting Lay Preachers The Presbyterie hath kept state vvith King Iames All cases and crimes are vvithin the censure of the Presbyterie Crimes suspected are curiously here inquired after Presbyteriall Government inconsistent vvith the liberty of trade and commerce Inconsistent vvith the authority of civill Iudicatories The Presbytery at pleasure repealeth Royall grants by Lavv confirmed The Presbyterie vvill not suffer Landlords to sue for their Rents Some fevv of the Presbyterie tyrannize over the rest of their poore Brethren remove and transplant at pleasure A honest man removed froÌ„ his place and one by them brought in to make avvay Sacrilegiously the Church patrimonie The Presbytery the Seminary and nursery of Feuds What it is The extent of their power The cases which fall within their Iurisdiction The politick Stratagem of the great Gamaliels The great honour which is given to the Patriarchall Presbyters The presumptuous carriage of M. R. Bruce tovvard K. Iames The Countrey honour not these Apostles in the name of a Disciple as it appeareth by the disrespect all other Ministers have from their Parishioners The prerogative of this Court The independent Soveraignty of it Of vvhom and hovv it is composed Hovv the King is a member of it and of no povver above the meanest Ruling Elder The King must execute their commands although they be against His Conscience The proper Moderator is a Preacher They indict the Assembly by their ovvne povver The vast povver of this Court Lay-men judges in highest points of faith and worship c. Commissioners of Burrowes are there onely in a Lay-capacity We find Doctors no where The power which this Sanhedrim assumeth to it selfe They are above the King and all Soveraignty If they cannot reforme by the King they may by any other meanes else Religion may be reformed or preserved by violence If the King will not the Nobles may If neither King nor Nobles the people may If Nobles Commons joyne there is hope of some greater successe Inferiour Magistrates and people may joyne Every individuall in this good worke may ought to the utmost of his povver to intend and endeavour reformation All or as many as are well affected may covenant and combine for doing this work The Confederats may by themselves give Orders Practises upon the tenets Orders of Reformation prescribed without the authority of Soveraignty They charge their adverse party to obey their Orders They protost against King and Parliament They contemne Soveraign authority They usurpe Royall povver They renounce their lavvfull Soveraigne They command all the Brotherhood to be assistants They are obeyed the Queenes Herald is abused They denounce vvarre against their adversaries They vvill heare of no Peace but enter into a Combination for mutuall defence They depose the Queene Regent The Author 's modest opinion of that is called the first reformation of Scotland Practice of mischief done by private men commended by them When they demand the Royall conformation of their decrees it is only an act of courtesie An instance anno 1559. Another instance anno 1571. They set on their Discipline by themselves All must Preach as they direct They appoynt publike Fasts A strange affront offered to King Iames None Preaching Treason is censurable by any but by them The Soveraignty Ecclesiasticall Tyrannizeth over conscience body Estate This Court is Iudge of Treason in relation to Religion and of fit worthy Councellors for a King The Soveraignty of the Assembly is above all Lavves and may repeale them All Iudicatories are subordinate to this Sanhedrim A Holy trick vvhich hatcheth all Sedition and Treason The Storie of 17. December 1596. Their Dogmaticall Creed