alwayes by the chancelor his Commissioner was present and in the act for subscription Sess 10. Augusti 8. it is expresly said that not only all the Ministers but also all the Commissioners praesent did consent among which Commissioners the chancelor his Majesties Commissioner was chief But neither the King nor the Church could get it to passe the Parliament in regaird of the opposition which some States-men did make unto these parts thereof which touched on their owne interest of unjust advantage this was the only stick The next instance of the Churches encroachement is their usurpation of all the old rents of the clergy The Warners hipocrisy calling that a crime which himselfe counts a virtue as the Churches patrimony and their decerning in anassembly that nothing in the nixt Parliament should passe before the Church were fully restored to her rents Ans Consider heere the Warners hypocrisie and unjustice he challenges the Presbiterians for that which no praelate in the world did ever esteem a fault a meer declaration of their judgement that the Church had a just right to such rents as by law and long possession were theirs and not taken away from them by any lawfull meanes What if heere they had gone on with the most of the praelaticall party to advance that right to a jus divinum what if they had put themselves by a command from Court into the possession of that right without a processe as diverse of the Warners friends were begun lately to doe in all the three Kingdomes but all that he can here challenge the Scotes for is a meere declaration of their simple right with a supplication to the Regent his grace that hee would indeavour in the nixt Parliament to procure a ninth part of the Churches patrimony for the mantainance of the ministry and the poore of the country for all the rent that the Churches then could obtaine or did petition was but a third of the thirds of the benefices or tithes That ever any assembly in Scotland did make any other addresse to the Parliament for stipends then by way of humble supplication it is a great untruth The last instance is the erecting of Presbyteries through al the Kingdome by an act of the Church alone Ans I have showne already the untruth of this alleadgeance the proofe heere brought for it is grounded only upon an ambiguous word which the Warners ignorance in the Scotish disciplin and Presbitery though the maine subject of his booke permits him not to understand The Presbyteries were set up by the King after the assembly 1580 but the second booke of discipline of which alone the citation speaks how ever enjoind by many assemblies yet it could never be gotten ratified in any Parliament only because of these parts of it which did speake for the patrimony of the Church and oppugne the right of patronages How well the Warner hath proven the Presbiterian practises to be injurious to the Magistrate we have considered The Warner a grosse Erastian possibly he will bee more happy in his nixt undertaking in his demonstrations that their doctrinall principles doe trample on the Magistrats supremacy and Lawes their first principle hee takes out of the second book of disciplin Cap. 7. That no Magistrat nor any but Ecclesiastick persons may vote in Synods Ans Though I find nothing of this in the place cited yet there is nothing in it that crosseth either the Laws or the Kings supremacy for according to the acts of Parliament of Scotland both old and late and the constant practise of that Church the only members of Presbyteries are Ministers and ruling elders Is it the Warners minde to vent here his super-Erastianisme that all Ecclesiastick assemblies Classicall Provinciall nationall are but the arbitrary Courts of the Magistrat for to advise him in the execution of his inhaerent power about matters Ecclesiasticall and for this cause that it is in his arbitrement to give a decisive voyce in all Church assemblies to whom and how many so ever hee will Though this may bee the Warners minde as it hath been some of his friends yet the most of the praelaticall party will not man taine him heerein How ever such principles are contrary to the Lawes of Scotland to the professions also and practises of all the Princes and Magistrats that ever have lived there But the Warner heere may possibly glaunce at another principle of his good friends Praelatical principles impossibilitate alsolid peace betwixt the King and his Kingdoms who have been willing lately to vent before al Britaine in print their Elevating the supremacy of Soveraignes so far above Lawes that what ever people have obtained to bee established by never so many assemblies and Parliaments and confirmed with never so many great seales of ratification and peaceably injoyed by never so long a possession yet it is nothing but commendable wisedome and justice for the same Prince who made the first concessions or any of his successors when ever they find themselfes strong enough to cancell all and make void what ever Parliaments Assemblies royall ratifications and the longest possession made foolish people beleeve to be most firme and unquestionable To this purpose Bishop Maxwel from whom much of this warning is borrowed doth speak in his Sacro-Sancta regum Majestas Though this had been the Cabine divinity of our praelats yet what can be their intentions in speaking of it out in these times of confusion themselves must declare for the cleare consequente of such doctrine seemes to be a necessity either of such Warners perpetuall banishment from the Courts and eares of Soveraignes or else that subjects be kept up for ever in a strong jealousy and feare that they can never be secure of their liberties though never so well ratified by Lawes and promises of Princes any longer then the sword and power remaines in their owne hand to preserve what they have obtained Such Warners so long as they are possessed with such maximes of state are cleare everters of the first fundations of trust betwixt Soveraignes and subjects they take away all possibility of any solid peace of any confident setlement in any troubled state before both parties be totally ruined or one become so strong that they need no more to feare the others malcontentment in any time to come Our second challenged principle is that wee teach the whole power of convocating assemblies to be in the Church Erastian praelats evert the legall foundations of all government Ans The Warners citations prove not that we maintaine any such assertion our doctrin and constant practise hath been to ascribe to the King a power of calling Synods when and wheresoever he thought fit but that which the Warner seemes to point at is our tenet of an intrinsicall power in the Church to meet as for the word and Sacraments so for disciplin in this all who are Christians old and late the praelaticall and Popish party as well as others
to convocat Synods to confirme their acts to reforme the Churches within their dominions IN the second Chapter the warner charges the Scotes presbytery with the overthrowing the Magistrats right in convocating of Synods When he comes to prove this he forgets his challenge and digresses from it to the Magistrates power of choysing elders and making Ecclesiastick lawes avowing that these things are done in Scotland by Ecclesiastick persons alone without consent of the king or his counsel Ans It seemes our Warner is very ignorant of the way of the Scotes discipline the ordinary and set meetings of all assemblies both nationall and provincionall since the first reformation are determined by acts of Parliament with the Kings consent so betwixt the King and the Church of Scotland there is no question for the convocating of ordinary assemblies for extraordinary no man in Scotland did ever controvert the Kings power to call them when and where he pleased as for the inhaerent power of the Church to meet for discipline alswell as for worship the Warner fals on it heereafter we must therefore passe it in this place What hee meanes to speake of the Kings power in choysing elders or making Ecclesiastick Lawes himselfe knowes The warners Erastian and Tirannick principles hated by the King his Majestie in Scotland did never require any such priviledge as the election of elders or Commissioners to Parliament or members of any incorporation civill or Ecclesiastick where the Lawes did not expresly provide the nomination to be in the crowne The making of Ecclesiastick Lawes in England alswell as in Scotland was ever with the Kings good contentment referred to Ecclesiastick assemblies but the Warner seemes to be in the mind of these his companions who put the power of preaching of administring the Sacraments and discipline in the supreame Magistrat alone and derives it out of him as the head of the Church to what members he thinks expedient to communicat it also that the legislative power alswell in Ecclesiastick as civill affairs is the property of the King alone That the Parliaments and generall assemblies are but his arbitrary counsels the one for matters of the state the other for matters of the Church with whom or without whom hee makes acts of Parliament and Church cannons according to his good pleasure that all the offices of the Kingdome both of Church and State are from him as he gives a Commission to whom he will to be a sheriffe or justice of peace so he sends out whom he pleaseth to preach celebrate Sacraments by virtue of his regal mission The Warner and his Erastian friends may well extend the royall supremacy to this largenes but no King of Scotland was ever willing to accept of such a power though by erroneous flaterers sometimes obtruded upon him see Canterburian self conviction cap. ult The Warner will not leave this matter in generall The Warners ignorant and false report of the Scotes proceedings he discends to instance a number of particular incroatchments of the Scots Presbiters upon the royall authority wee must dispence in all his discourse with a small peckadillo in reasoning hee must bee permitted to lay all the faults of the Presbiterians in Scotland upon the back of the Presbitery it selfe as if the faylings of officers were naturall to and inseparable from their office mis-kenning this little mote of unconsequentiall argumenting we will goe through his particular charges the first is that King James anno 1579 required the generall assembly to make no alteration in the Church-Policy till the next Parliament but they contemning their Kings command determined positively all their discipline without delay and questioned the Arch-Bischop of Sainct Andrews for voting in Parliament according to the undoubted Lawes of the Land yea twenty Presbiters did hold the generall assembly at Aberdeen after it was discharged by the King Ans The Warner possibly may know yet certainly he doth not care what he writes in these things to which hee is a meere stranger the authentick registers of the Church of Scotland convinces him heire of falshood Bishops were abolished and Presby teries set up in Scotland with King Iames consent His Majestie did write from Stirling to the generall assembly at Edinburgh 1579 that they should ceasse from concluding any thing in the discipline of the Church during the time of his minority upon this desire the assembly did abstaine from all conclusions only they named a committee to goe to Striveling for conference which his Majestie upon that subject What followeth thereupon I. Immediatly a Parliament is called in October 1579 and in the first act declares and grantes jurisdiction unto the Kirk whilk consistes in the true preaching of the word of Jesus Christ correction of manners and administration of the true Sacraments and declares that there is no other face of Kirk nor other face of Religion then is presently by the favour of God established within this realme and that there be no other jurisdiction Ecclesiastical acknowledged within this realme then that whilk is and shal be within the samen Kirk or that which flowes therfra concerning the premisses II. In Aprile 1580. Proclamation was made ex deliberatione Dominorum Consilii in name of the King charging all Superintendentes and Commissioners and Ministers serving at Kirkes To note the names of all the subjectes alsweel men as women suspected to be Papistes or and to admonish them to give Confession of their faith according to the Forme approved by the Parliament and to submitte unto the discipline of the true Kirk within a reasonable space and if they faile that the Superintendents or Commissioners presente a role or catalogue of their names unto the King and Lords of Secret Counsell whereby they shal be for the time between and the 15 day of Iulie nixt to come to the end that the actes of Parliament made against such persones may be execute III. The shorte Confession wes drawen up at the Kings command which was first subscrived by his royall hand and an act of Secret Counsell commanding all subjectes to subscrive the same as is to be seen by the Act printed with the Confession wherein Hierarchie is abjured that is as hath been since declared by Nationall assemblies and Parliamentes both called and held by the King episcopacie is abjured IV. In the assemblies 1580 and 1581 that Confession of faith and the second book of discipline after debating many praeceding years were approved except one chapter de diaconatu by the Assemblie the Kings Commissioner being alwayes presente not finde we any thing opposed then by him yea then at his Majesties speciall direction about fifty classical Presbyteries were set up over all Scotland which remaine unto this day Was there heer any contempt of the roy all authority About that time some noble men had gote the revenues of the Bisshop-rickes for their private use and because they could not enjoy them by any legal right therefore for eluding
goe along with us to mantaine in doctrine and practise a necessity even in times of persecution that the Church must meet for the worship of God and execution of Ecclesiastick disciplin among their owne members In this the doctrine and practise of the Scots is according to their setled lawes uncontroverted by his Majestie If the Warner will mantaine that in reason and conscience al the Churches of the world are oblidged to dissolve and never more to meet when an erroneous Magistrat by his Tyrannous edict commands them to doe so let him call up Erastus from the dead to be disciplined in this new doctrine of the praelats impious loyalty The third principle is that the judgment of true and false doctrine of suspension and deprivation of Ministers belongeth to the Church The finall determination of all Ecclesiastick causes by the Lawes of Scotland is in the generall assembly Ans If this be a great heresie it is to be charged as much upon the state as upon the Church for the acts of Parliament give all this power to the Church neither did the lawes of England or of any Christian state popish or protestant refuse to the Church the determination of such Ecclesiastick causes some indeed doe debate upon the power of appeales from the Church but in Scotland by the law as no appeale in things civill goes higher then the Parliament so in matters Ecclesiastick none goes above the generall assembly Complaints indeed may goe to the King and Parliament for redresse of any wrong has been done in Ecclesiastick Courts who being custodes religionis may by their coercive power command Ecclesiastick Courts to rectifie any wrong done by them contraire to Scripture or if they persist take order with them But that two or three praelats should become a Court of delegats to receave appeales from a generall assembly neither Law nor practise in Scotland did ever admit nor can the word of God or any Equity require it In the Scotes assemblies no causes are agitat but such as the Parliament hath agreed to bee Ecclesiastick and of the Churches cognisance no Processe about any Church rent was ever cognosced upon in Scotland but in a civill Court it s very false that ever any Church censure much lesse the highest of excommunication did fall upon any for robbing the Church of its patrimony The divine right of discipline is the tenet of the most of praelats Our fourth challenged principle is that wee maintain Ecclesiastick jurisdiction by a divine right Ans Is this a huge crime is there divine in the world either Papist or Potestant except a few praelaticall Erastians but they doe so If the Warner will professe as it seemes hee must the contradiction of that which he ascribes to us his avowed tenet must bee that all Ecclesiastick power flowes from the Magistrat that the Magistrat himself may execute all Church censures that all the Officers appointed by Christ for the governement of his Church may bee laid aside and such a kind of governors bee put in their place as the Magistrate shal be pleased to appoint that the spirituall sword and Keies of heaven belong to the Magistrate by vertue of his supremacy al 's wel as the temporall sword and the Keies of his earthly Kingdome our difference heere from the Warner will not I hope be found the greatest heresie Our last challenged principle is All the power of the Church in Scotland is legall and with the Magistrats consente that wee will have all our power against the Magistrat that is although hee dissent Ans It is an evill comentare that al must be against the Magistrate which is done against his consent but in Scotland their is no such case for all the jurisdiction which the church there does enjoy they have it with the consent of the Magistrat all is ratified to them by such acts of Parliament as his Majestie doth not at all controvert Concerning that odious case the Warner intimats whither in time of persecutiō when the Magistrat classheth with the Church any Ecclesiastick disciplin be then to be exercised himselfe can better answer it then we who with the auncient Christians doe think that on all hazards even of life the church may not be dissolved but must meet in dens and caves and in the wildernes for the word and Sacraments and keeping it selfe pure by the divine ordinance of discipline The prelats rather then to lay aside their owne interest will keepe the King and his people in misery for ever Having cleered all the pernicious practises and all the wicked Doctrines which the Warner layes upon us I think it needles to insist upon these defenses which he in his aboundant charity brings for us but in his owne way that he may with the greater advantage impugne them only I touch one passage whereupon he make injurious exclamations that which Mr. Gilespie in his theoremes wryts when the Magistrate abuses his power unto Tyranny and makes havock of all it is lawfull to resist him by some extraordinary wayes and meanes which are not ordinarily to bee allowed see the principles from which all our miseryes and the losse of our gracious Master have flowed Ans Wee must heere yeeld to the Warner the great equity and necessity that every doctrine of a Presbyter should be charged on the Presbytery it selfe and that any Presbyter teaching the lawfulnesse of a Parliaments defensive armes is tantamont to the Churches taking of armes against the king These small unconsequences wee must permit the Warner to swallow downe without any stick however wee doe deny that the maxime in hand was the fountaine of any our miseryes or the cause at all of the losse of our late Soveraigne Did ever his Majestie or any of his advised counsellers declare it simply unlawfull for a Parliament to take armes for defence in some extraordinary cases however the unhappines of the Canterburian Prelats did put his Majestie on these courses which did begin and promote all our misery and to the very last these men were so wicked as to refuse the lousing of these bands which their hands had tyed about his misinformed conscience yea to this day they will not give their consent that his Majestie who now is should lay aside Episcopacy were it for the gayning the peaceable possession of all his three Kingdomes but are urgers of him night and day to adhaere to their errours upon the hazard of all the miseries that may come on his person on his family and all his people yet few of them to this day durst be so bold as to print with this Warner the unlawfulnes of a Parliaments armes against the Tyranny of a Prince in any imaginable case how extraordinary soever CHAP. III. The Lawes and customes of Scotland admitte of no appeal from the generall assembly IN this chapter the challenge is Appeals in Scotland from a generall assembly were no lesse irrationall then illegall that