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A42357 Protesters no subverters, and presbyterie no papacie; or, A vindication of the protesting brethren, and of the government of the kirk of Scotland from the aspersions unjustly cast upon them, in a late pamphlet of some of the resolution-party, entituled, A declaration, &c. With a discovery of the insufficiency, inequality and iniquity of the things propounded in that pamphlet, as overtures of union and peace. Especially, of the iniquity of that absolute and unlimited submission to the sentences of church-judicatories that is holden forth therein, and most unjustly pleaded to belong to the being and essence of presbyterial government. By some witnesses to the way of the protestation. Guthrie, James, 1612?-1661, attributed name. 1658 (1658) Wing G2264; ESTC R221886 66,607 126

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these Committees without the advice and consent of these Delegates Neither will our Brethren's negative voice prove it because as these Delegates have not a negative voice in all cases as we have already shewed to wit in the case of ratifying of the proceedings of these Committees the Synod being free notwithstanding any thing in the Overture to ratifie albeit the Delegates should not consent but advise otherwise So it is a new device to say that a negative voice inferreth a superiour jurisdiction and power for at most it maketh but a co-ordinate power And that there is any absurdity in this That a Committee of Delegates nominated by the common consent of all the Synods should in this condition of the Church have such a power if yet it be a power of Jurisdiction we do not see 4. This Overture was not propounded as a perpetuall standing way alwayes to be followed and kept up in the Church as our Brethren are pleased to insinuate much lesse was it propounded hereby to lay a way for perpetuating of differences and contentions a prejudice also they are pleased to load it with but as it expresly beareth to continue only till the present differences be healed or till the Lord in providence minister some better way for setling peace amongst us Will the resolution Brethren in this present sickly declining and distracted condition of the Church allow of no remedy for purging thereof and composing differences that is in any circumstance out of the common road of the ordinary procedures of Presbyteries and Synods We know that they will tell us that the Church is sound and healthy and sufficiently able by Presbyteries and Synods to purge her self But why then we pray our Brethren to tell us did the General Assembly before these differences did arise unanimously judge that Presbyteries and Synods were not sufficiently able to do it and did upon conviction hereof appoint extraordinary Commissions and Visitations for doing of it If our Brethren say That the Gen. Assembly is the supream Church-Judicatorie in the Nation and therefore may so do They can easily answer themselves That the question is of the moving cause or the ground or reason upon which they did it it was not to shew their Supremacy and Authority which was not questioned nor controverted by any Synod or Presbyterie but as our Brethren well know because they did conceive and were convinced that Presbyteries and Synods were not so healthy as to do these duties of themselves and if they were not so then when neutral and malignant and disaffected 〈◊〉 were under board how much lesse now when 〈◊〉 of them are got above the hatches and sundry 〈◊〉 them are set to stir the rudder Or if they wil say That Presbyteries and Synods are now sufficiently able and willing of themselves to do th●… work We pray them then to tell us why it is no●… done Have not most of the Godly of the Lan●… been crying upon them these seven years by-gone that they would arise and be doing that good an●… necessary work and yet what have all their 〈◊〉 prevailed are they not heard with deaf ears What wonder is it then though the protesting Brethren do propound such Overtures as being imbraced might probably in some measure satisfi●… somewhat of the lawfull and just desires of th●… Godly in that soul-concerning matter in propounding whereof their design is none of those sinistrous things that are cast upon them by their Brethren but that by some mean or another that is not sinfull the House of God might be purged And therefore that it might appear to their Brethren that it was not domination nor the setting up of themselves and the treading down of the other that they were seeking they were content not to exercise the power given by the Commissions of the Assembly 1650. which in their judgment because no lawful General Assembly hath since interveened is still in force and did propound unto them in that meeting at Edinburgh that for making of the work of purging effectual and in order to other publick affairs of the Church that those persons who were nominated upon the Commission and Visitations by the Assembly 1650. might sit if not by the Authority derived from that Assembly yet by the mutual condescendence and approbation of Presbyteries and by the same mutual condescendence and approbation these persons might have power to compose the particular differences that are now or shall be hereafter in particular Presbyteries and Congregations this was not to assume the particular nomination of any person to themselves or to state businesse upon difference of judgment or to make any thing like a party or a faction or to desire an equality of the number of both judgments or to do any injury unto or make any incroachment upon the due right of Presbyteries and Synods unlesse we will say that the General Assembly wronged them by appointing those Commissions and Visitations yet was this also refused and rejected by our Brethren Whence it appears that nothing will please unlesse the protesting Brethren condescend as Asses to bow down under the burden by an absolute submission to Presbyteries and Synods as now constituted that is upon the matter to the Brethren for the publick Resolutions the protesting Brethren being by their own verdict a few number in comparison of the Body of the Ministery of this Church in their present and future actings how negligent or corrupt soever which themselves make evident in the next thing whereupon they impeach them as projecters against and subverters of the Government of the Church to wit their refusing to engage themselves to an absolute submission to the sentences of the Church-Judicatories They did say they towards the end of the fifth page of their Declaration expresly refuse subordination and submission to the Church-Iudicatories to which they and we were solemnly engaged at our admission to the Ministery and which we were willing to renew for our parts and without which our established Iudicatories shall be nothing else but so many consultative meetings a principle inconsistent with presbyterial Government In speaking to this particular we shall first shortly repeat the sum of the protesting Brethren their Desires and Offers and Answers thereanent in the Conference at Edinburgh Novemb. 1655. And in the next place shall speak somewhat to the matter it self As to the first In so far as concerneth Presbyterial Government and the due subordination of Church-Judicatories that they might testifie their approbation there●… and that they did continue constant in their former solemn publick Professions and Engagements they did propound unto their Brethren That in matters concerning the Doctrine Worship Government and Discipline of this Church and the Enemies of Truth and Godlinesse and the work of Reformation there may be mutual evidence and assurance given for adherence unto these Articles of our Covenants and the solemn publick Confession of Sins and Engagement unto Duties and all the Acts of uncontroverted Assemblies
corrupt scandalous Ministers 〈◊〉 Elders wherewith the Judicatories of the Kirk many places of the Land are pestered and 〈◊〉 either do little or nothing to edification or 〈◊〉 too much to destruction We shall not for proof 〈◊〉 this repeat in this place those evidences of 〈◊〉 ing defection the truth of which is but too 〈◊〉 ble and can be attested by many sufficient 〈◊〉 ses But we would desire our Brethren and 〈◊〉 if they shall slight it seriously to consider these 〈◊〉 things 1. That this Church was but a few 〈◊〉 before these publick Resolutions recovered 〈◊〉 under the tyranny and corruptions of the 〈◊〉 and their adherents under which she had 〈◊〉 and languished for the space of about fourty years by reason whereof though a remnant was preserved through grace yet the body of the Ministery was become either insufficient as to their gifts 〈◊〉 corrupt in their judgment or scandalous in 〈◊〉 conversation 2. That it was oftentimes after the Reformation begun in the year 1638. not only by godly men in private but publickly by our General Assemblies in their publick Warnings and Declarations and Causes of Humiliation acknowledged that though there was an external forsaking of the prelatical way and engaging in the Covenant Yet that the sin of former defection and backsliding was by many still unrepented of that many did still remain either neutral and cold or backward and ill-affected to the work of God 3. That the General Assemblies in the progresse of Reformation did begin to be so sensible of the multitude of insufficient and scandalous men that did still remain in Presbyteries and Synods that they did judge Presbyteries and Synods not able to purge themselves and that therefore it was necessary to give Commission to some select Brethren nominated by themselves for visiting the bounds of Presbyteries and Synods with power to these Brethren to try and censure such Ministers and Elders as they found insufficient or scandalous 4. That these Brethren found so much work in many places of the Country as they were not able soon to overtake but after the continuing of their diligence by renewed Commissions for two or three years space the General Assembly upon the report of what was yet to do in places that had only been in part visited and in consideration of the condition of other places not yet visited did find it necessary to appoint select persons nominated by themselves for visiting most of the Presbyteri●…s and Synods in the Country with power to try and censure as aforesaid 5. That those almost general visitations of the whole Land albeit judged most necessary for purging of the Kirk of the multitude of corrupt or insufficient men whom Presbyteri●…s and Synods were either no●… able or not willing to censure was never kept because of the War immediatly following betwixt the two Nations 6. That few or none have since that time been purged-out by Presbyteries and Synods the zeal that was formerly in good men amongst them being in a great measure cooled in those who do adhere to the publick Resolutions and the endeavours of these who differ from them being opposed and rendred ineffectual by men of another spirit who have got up the head in the 〈◊〉 of the Kirk and have turned the stream of their publick actings into another 〈◊〉 to wit against those whom they call 〈◊〉 Brethren 7. That a great many of these 〈◊〉 who were formerly purged-out for the profanity and malignancy are again taken 〈◊〉 the Ministery without sufficient evidences of the repentance and have now no small hand in 〈◊〉 governing of things in sundry Presbyteries 〈◊〉 Synods we know their repentance is talked 〈◊〉 but we do as well know that it is but a meer tall some of them having made no 〈◊〉 at all of any of the offences for which they 〈◊〉 deposed others of them not having acknowledge all the particulars contained in their Sentence and most of them either prevaricating or extenu●…ting in the matter of their acknowledgments 〈◊〉 continuing to be what they were Sundry 〈◊〉 Brethren of the publick judgment bemoan with 〈◊〉 the taking-in of such and in such a way and 〈◊〉 not themselves professe to be what they were 〈◊〉 dare appeal themselves and others who b●…st kno●… them whether they did judge themselves justl●… deposed and have really repented of and change●… their way as to the things for which they were deposed 8. That there is an universal groanin●… and sad complaint of the godly generally throughout the Land of the insufficiency and negligence and of scandalous and malignant corrupt carriag●… of many Ministers throughout the Land and of the proceedings of many Presbyteries and Synods that these seven or eight years past they have done little or nothing to edification and for promoving of the Kingdom of Jesus Christ and the power of godlinesse Do they not generally be wail it that the meetings of many of the Judicatories of the Kirk are for most part rather matter of grievance and 〈◊〉 unto them than matter of comfort and rejoycing And if we shall set over against this that universal testimony that is given by the multitude of s●…andalous and disaffected malignant men in the Land to the Ministers of the publick judgment and to the most of Presbyteries and Synods of that way in most of their actings Doth it not say that there is prevailing corruption and defection in the Church and in her Judicatories What a strange change is it that profane malignant men in the Land who were known opposers and haters of Godliness and of the work of Reformation and of the Discipline and Government of the Kirk and to whom the name of the Kirk was wont to be hatefull and odious and her Judicatories terrible as an Army with Banners that now their ordinary plea should be the Kirk of Scotland and the General Assembly and the Presbyterie and the Synod and such and such Ministers And that the Godly in the Land should be filled with sorrow and put to open shame whilest through the prevailing corruptions and backslidings of men advantage is given to adversaries to fight against them with the weapons that were appointed unto them of God for their defence and comfort and for bearing down of the profane and ungodly The fourth thing whence they labour to conclude the protesting Brethren adversaries unto and projecters against the Government of the Church is as they represent it in the fifth page of their Declaration That they did break up the Conference for Union with 〈◊〉 in November 1655. ●…hiefly upon this accompt That they could not 〈◊〉 the Iudicatories of the Church of their just power 〈◊〉 devolve matters into the hands of an extrajudicial 〈◊〉 of equal numbers Which point they resum●… again and prosecute at length in the sixth and seventh pages of that Paper setting down the word of the protesting Brethren their Overture there anent in a distinct character and labouring 〈◊〉 hold forth the absurdity
thereof from several considerations Whether the Conference for Union in 〈◊〉 1655. was broak either by them or chiefly upo●… this accompt though we have reason to gainsay yet we shall not now nor is it needfull to stan●… to debate but that this Overture will conclud●… them to be adversaries unto or projecters agains●… the Government that we do altogether deny No●… do any of these things alleaged by our 〈◊〉 prove it It were tedious and little to edificatio●… of the Readers to give a particular distinct Answer to the heaps of aggravations and bad consequents they load this Overture with therefore we do offer unto our Brethren's more sober and serious or if they do not judge them worthy o●… their entertainment unto the sober and serious thoughts of others these few considerations for vindicating this Overture from all those mistakes our Brethren have about it 1. That there is a difference betwixt a sound or a healthfull growing reforming and an unsound sickly decaying declining state of a Church 2. That there is a difference betwixt a troubled distempered and a quiet peaceable state of a Church If our Church were altogether sound and healthfull if in a growing reforming condition if in a peaceable and well-tempered state there would be no need of any such overture And we believe the protesting Brethren would be in that case as far from pressing it as any other but her sickly decaying declining troubled distempered condition doth necessarily call for and allow for something of that kind 2. The General Assemblies as we have already shewed did conceive extraordinary Commissions and Visitations to be needfull when the Church was in a much better condition than she is now And though not a few in Presbyteries and Synods did then speak the same language that our Brethren do now to wit that it did lay a foundation for an universal imputation upon the Synods and other Church-Judicatories as not worthy to be trusted with the work committed to them by Christ and was a tyrannical imposition upon them Yet that did not hinder the Assembly so to do because they did see that such a way of Commissions and Visitations was necessary for the time when Presbyteries and Synods many of them were either no●… able or not willing to do that duty in order to the purging of the Church of corrupt officers 3. That there is a difference betwixt the essentials and circumstantials of Presbyterial Government the one being such as are of divine or scriptural institution and in themselves unalterable the other being such as are of positive humane institution which are to be regulated by that great end of edification and therefore may be altered accordingly as they do or do not contribute for that end It is observable that the resolution Brethren in this and sundry other of their Papers do in many of these challenges which they bring against the protestin●… Brethren as proceeding in their planting 〈◊〉 Churches and ordaining and admitting of 〈◊〉 and propounding of Overtures for purgin●… and planting the Church in such a disorderly wa●… as is destructive to the being of the Government We say they do confound these things and oftentimes take circumstantials for essentials As 〈◊〉 instance That a Minister shall be ordained by 〈◊〉 plurality of Presbyters we hold with them to 〈◊〉 of scriptural divine institution but that he be ordained by such a number officiating in such bounds the Scripture hath not determined An●… therefore if the major part of a Presbyteri●… conspire for keeping out a godly man from the Ministery that is lawfully called by the Congregation and rightly qualified because he is not of thei●… judgment in declining courses it s no breach upon the being and essentials of the Government 〈◊〉 he receive his Ordination and Admission to th●… Ministery from a neighbouring Presbyterie especially when this conspiracy is generally throughout the Country and no remedy thereof can b●… had by a superiour Judicatory So in the case o●… the Overture in hand though because of the present condition of Synods and for edification there be a little alteration of some things from the common way of order yet doth it not involve any thing destructive to the being of the Government No persons are desired to be upon these Visitation●… but Ministers and Elders duly qualified and members of the respective Synods No power is desired to be given but that which is properly Ecclesiastical Nor is it desired to be derived from any fountain but from the Synod it self Nor to proceed by any rule but by the Word of God and the Acts of uncontroverted General Assemblies Nor are they to exercise it independantly but with subordination unto and being accomptable to the Synod from whence they do receive it All which will be evident to any that shall impartially consider the Overture it self And to put it above question there is expresse mention of their qualification and power and commission and subordination and the rule by which they are to procee●… in the Overture the same for substance as it was propounded to our Brethren in the Conference at Edinburgh Novemb. 8. and 27. 1655. Whence i●… appeareth that our Brethren speak more passion than reason when they say It is a tyrannical imposition upon Synods that they must give their power to persons whom they have not liberty to choose nor power to call them to an accompt and must set up a Jurisdiction above themselves with at least a negative voice to frustrate all their actings if these Delegates please Is it tyrannically to impose to desire the Synod for the better and more unanimous carrying-on the Work of God to ratifie the Nomination of some of the choicest of their own members made by no forinsick persons or party or power but by the intrinsick members of the Synod it self and that in such a distracted condition of the Church And that they are not comptable is alleaged gratis The Article as propounded to our Brethren doth expresly provide that these Committees shall in their proceedings be comptable to the Synods nor doth that clause of the Synods not reversing any thing ●…one by these Committees without the previous advice and consent of the general Committee of Delegates import any thing to the contrary but that the Synod may take an accompt of the proceedings of their own Committee and admonish and rebuke them yea and take away their Commission and Power in the case of male-administration and give it to others of their number nominated as aforesaid And for a Jurisdiction by this means set up above themselves we can see no such thing in the Overture but only a power of advice upon the part of these Delegates which yet the Synod are not simply tyed by the Overture to follow as in the case of their advising the Synod to reverse the deeds of these Committees and a brotherly condescension in the Synods in the present condition of the Church not to reverse things done by
thou preach not the Gospel and hath commanded him to eat of His body and drink of His bloud and not to forsake the assembling himself with the Saints of God yet because men pro arbitratu imperio yea because of his adhering to the Truth of God which they have rejected and condemned hath forbidden him so to do That be shall not obey God this is a hard saying who can receive it It is also contary to clear Scripture precedents Ieremiah was often commanded by the Authority both Ecclesiastick and Civil to forbear speaking of the Word of the Lord yet did he give no subjection to the sentence either of the one or of the other but went on in his Ministrie notwithstanding of all the Inhibitions and Censures past against him Chap. 26. ch. 32. ch. 37. and ch. 38. Amos was commanded by Amaziah the Priest to prophesie no more at Bethel because it was the Kings Chappell and the Kings Court yet he did not submit but did counteract that commandment and did continue to prophesie in the Name of the Lord Amos 5. 13 14 15 16. Daniel was commanded to make no petition to any God or Man for thirtie dayes save to King Darius yet did he not submit but counteract by going into his house and opening his Chamber-window towards Ierusalem and kneeling on his knees three times a day and praying and giving thanks before His God as he did aforetime Dan. 6 6 7 8 9 10. The Iews did agree that if any man did confesse that Jesus was the Christ he should be put out of the Synagogue yet did the poor man whose eyes He had opened confesse Him openly and though he was actually cast out for doing of it yet did he not submit but went on to confesse Him still Joh. 9. 22 30 31 32 33 34 35 36 37 38. The Apostles were commanded once and again by the Council at Ierusalem not to speak nor teach any more in the Name of JESUS but they told them that they could not but speak the things which they had seen and heard and that they ought to obey God rather then men and notwithstanding they were first threatened and afterwards imprisoned and thirdly beaten by them for so doing yet did they not submit nor forbear but daily in the Temple and from house to house they ceased not to teach and preach Jesus Christ Act. 4. 19 20 21. Act. 5. 17 18 29 40 42. Paul being accused first before Festus and afterwards before Felix the Roman Deputies That he was a pestilent fellow and a mover of sedition amongst the Iews throughout the world and a ring-leader of the Sect of the Nazarens who also had gone about to profane the Temple Did not only appeal to Cesar but went on in his course and preached the Gospel and preached that the Iews killed the Lord Jesus and their own Prophets and persecuted the Apostles and pleased not God and were contrary to all men Act. 24. 5 6. Act. 25. 7 8 9 10. 1 Thess. 2. 15. 3. This submission dethroneth Jesus Christ who only hath power over the consciences of men to bind them by His Authority by attributing such a Power and Authority to Church-Judicatorics as doth bind mens consciences upon their meer arbitrement and pleasure for we must be subject because they will have it so though the reason why they command this subjection to wit our supposed delinquencie be a meer non ens and such as hath no foundation in truth and equity If it be told us that the conscience is not bound because the judgement is still left free and the outward acts only restrained We would have our Brethren to remember that some of themselves and others who did oppose conformity to the Ceremonies did tell the Prelats and their party when they used this defence against the argument taken from binding the conscience to wit That if the bare Authority of an Ecclesiasticall Law without any other reason then the will and pleasure of men be made to restrain us in the use of things which are in themselves indifferent then is Christian liberty taken away and if so in things indifferent how much more is it so in things necessary such as keeping fellowship with the Assembly of the Saints in publick Prayers and Praises and eating and drinking at the Table of the Lord and preaching the Gospel c the practice whereof are things commanded of God unto persons duely qualified and instructed thereunto If it be said That these things cease to be obliging duties to such a person hic nunc and that the sentence of the Church commanding him to abstain looseth him from the obedience that he doth otherwise owe unto the Commandment of God we desire a warrant from the Scripture of Truth for such Doctrine as that which preferreth the Commandments of men unto the Commandments of God and say That it is better to obey men than God Shall the sole will and meer pleasures of men loose a man from the obligation he oweth unto the Commandments of God If so let us no more blame the Pope for dispensing with divine Laws I cannot abstain from taking Christ's body and bloud or from preaching the Gospel saith the innocent man unjustly sentenced because I am thereunto called and commanded of God But saith the Synod or Kirk-judicatory We have commanded you to abstain and therefore you should abstain and may be satisfied in your conscience so to do because our Command looseth you from the Commandment of God Hence a fourth Argument 4. This submission concludeth a man under a necessity of sinning against God by omitting those necessary duties that are commanded him of God upon a non-relevant reason to wit the meer will and pleasure of men to whom God hath given no power against the Truth but for the Truth no power to destruction but to edification 5. If such a submission be due to the Judicatories of the Kirk in matters of Discipline and Government We do not see how it is not also due unto them in matters of Doctrine and Worship The authoritative and juridical power belonging to Classes and Synods is threefold Dogmatick Diatactick and Critick Dogmatick in reference to matters of Faith and Rules of Worship which God hath laid down and prescribed to us in His Word and the inconsistency of heresies errors and corruptions therewith Diatactick in reference to external order and policy in matters circumstantial relating to time place and persons the conveniency whereof is determinable by the light of Nature and Christian prudence and the general Rules of the Word such as these That we should do all to the glory of God to the edification of the Church and in order and decency c. Critick in reference to the repressing of Scandal Error Heresie Schism Obstinacie and Contempt and preserving of the Purity of the Truth and Holinesse of Conversation and Unity of Judgment and Affection in the Church of God by exercising the spiritual
censures of Admonition Suspension from the Sacrament of the Lord's-Supper Excommunication and Suspension and Deposition from the Ministery Now all these Powers being authoritative and in their determinations and exercise confined unto and circumscribed within the bounds of the Word of God for their rule and being given to the Church for edification and not for destruction We would desire from our Brethren a Reason why the critic-Critick-power should be more binding than the other or why submission is due to an unjust sentence proceeding from the Critick-power whilest it is not due to any erroneous or corrupt Decree proceeding from the Dogmatick or Diatactick power Hath God put more honour and respect upon the last than upon the two first Or hath He given greater latitude in the exercise of the last nor of the two first or is the last binding by th●… meer will and arbitrement of men whil●…st the two fi●…st bind only when agreeable to the Word of God If our Brethren do so judge We desire to know where these foundations of difference betwixt these powers are written or what they do bring for them from the Book of God or how in reason they can consist when the last shall be contrary to the two first And if this submission be equally due to the judicatories of the Kirk in all the three then if they shall determine that Justification by Faith alone is an error That Communion under both kinds is not necessary That kneeling is a necessary gesture at the Sacrament That it is necessary to forbear working on Yuleday and to keep it holy and such like We are bound not to professe nor preach nor act con●…rary to these their determinations which were to be ashamed of and to deny the Lord Jesus and His Word before men and to bring upon our souls the dreadfull Gospel-curse of His denying and being ashamed of us before His Father and the Angels which are in Heaven Matth. 10. 33. Mark 8. 38. Luke 26. 6. But upon supposal that this submission were not due to the Decrees of the Church in matters of Doctrine Worship and external Order by vertue of the Dogmatick and Diatactick power in themselves yet the asserting of it in matters of Discipline shall also necessarily infer the asserting of it in matters of Doctrine and Worship and external Order The Commissioners of the Gen. Assembly 1650. did declare That a great company and faction of wicked men sons of Belial being subjects may and ought in the case of necessity be imployed in a Christian Army and Covenanted Nation for the defence of Religion and the Country And the Assembly at St. Andrews and Dundee in anno 1651. do by vertue of their Dogmatick-power approve of and ratifie this Doctrine and Declaration and do withall by their Critick-power appoint and ordain That whosoever will not submit to this Determination but shall oppose by professing or preaching otherwise shall be proceeded against with the censures of the Kirk We ask whether these censures being put in execution by suspension from the Sacrament against these who professe otherwise or by Suspension or Deposition from the Ministery against those who preach otherwise if this submission which is required being given to these censures will not necessarily infer that they must not continue to profess or preach any more so And if this by necessary consequence be not an absolute submission to the Dogmatick-power aswell as to the Critick Or let us take it in the case of Athanasius who was deposed and excommunicated for professing and preaching and pleading Jesus Christ to be the consubstantial Son of God or in the case of a person suspended from the Sacrament or deposed from the Ministery because of their professing and preaching against kneeling at the Communion Will not such submission to these sentences as excludes all counteracting unlesse it be to appeal necessarily infer submission to the Decrees themselves so as the person censured must be silenced and not professe nor preach nor plead any more for the one Truth nor against the other Error 7. To wave a little that which concerneth private and particular persons We offer it to consideration whether inferiour Kirk-judicatories are subordinate to the greater and superiour simply and absolutely because they are greater and superiour or because the inferiour have no intrinsical power given them by Jesus Christ but in and wi●…h subordination to the greater because greater If so it would seem that all the inferiour Judicatories of the Kirk Congregational-Elderships Presbyteries and Provincial Synods must befenced and act in the name and by vertue of the authority derived from the General Assembly as all those Civil Courts that have no intrinsick power in themselves but in and with subordination to the supream Civil Magistrate are fenced in his Name and act by vertue of his Authority Inferiour Kirk-judicatories being Ordinances of Jesus Christ have the promise made to them when they meet in His Name and do adhere to His Truth Mat. 18 18 19. And if so shall the sentence of the superiour Judicatory when wrong upon the matter oblige them to submission If a Presbyterie or a Synod with the consent of the Presbyterie do in an orderly way of procedure cast-out an heterodox and scandalous Minister Must they because the Synod or General Assembly doth sustain his unjust appeal be obliged in conscience again to receive him as a member of the Presbyterie or Synod and acknowledge him for a lawfull Minister of the Gospel or if they have in an orderly way of procedure admitted an able orthodoxe godly man to the Ministrie Must they because the superiour Judicatory commands them so to do cease to acknowledge him or own him for one of their number or as a Minister of the Gospel if so it seemeth to be an ill-grounded Truth that is commonly delivered by some Divines writing of Synods That the power of Synods is not corruptive privative or destructive to the power of Classical Presbyteries or single Congregations but perfective acumulative and conservative thereunto 8. What is denyed jure to oecomenick Councels and so lawfully called Prophets and Ministers of the Gospel to Nathan to David to Paul to an Angel from heaven Gal. 1. 8. cannot warrantably be given to General Assemblies If oecomenick Counsels lawfully called Ministers if Nathan if Samuel if Paul if an Angel teach or decree but according to the Word of the Lord we are to counteract and to contradict Gal. 1. 8. But though we or an Angel from heaven preach to you {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} beside what we have preached let him be accursed Gal. 1. 8. Therefore c. 9. What is proprium quarto modo to the Scripture of Truth it cannot warrantably be given to the Judicatories of the Kirk but not to be counteracted nor contradicted is proprium quarto modo to the Scriptures of Truth these being the only infallible rule in matters of Doctrine Worship Discipline and Government Isa. 8.
all sentences whether just or unjust or agreeable or repugnant to the Word of God should be asserted to be at all of kin or alliance to the divine Ordinance of Presbyterial Government which is a part of the sweet and gentle yoke of Jesus Christ that is far from tyranny and oppression The man who in a raving fit of a notional spirit first preached and afterward printed those shrewd comparisons betwixt the Northern Pr●…sbyterie and the Roman Papacie may haply think himself now justified when he heareth so great pretenders to that Government minister by this new doctrine of theirs such ground for some parts of that comparison If Presbyterial Government hath as we do believe and assert it to have its foundation in the Testament of Jesus Christ upon whose shoulder the Government is then whatsoever is of the essence and being thereof must derive it self from the fountain of Christ's revealed Will about the Constitution and Essentials of that Government But we know no tittle in his Book that saith as our Brethren say or from which what they say in this matter can be deduced by good and necessary consequence to wit that it is essential to the Government which He hath appointed His House to be ruled by that all the Children of the House should submit unto and acquiesce in the Determination of the Governors without any counteracting though their Sentence be contrary to the Law and the Testimony and therefore till our Brethren prove thi●… they will give us leave to deny it We acknowledge that power and authority and subjection and submission are co-relatives and that the power and authority of the superiour can no more actually subsist without the subjection and submission of the inferiour than one relative can subsist withou●… its co-relative But all Church-power and authority is bounded by the Word of God and is for edification only And therefore all the subjection that is due thereunto is in the Lord only And when we are thus subject the power and authority is sufficiently acknowledged and preserved But say our Brethren without this submission which they plead for our established Judicatories would be nothing but consultative meetings But this we also deny because what is resolved and determined by Kirk-Judicatories in a right way doth not only bind by vertue of the intrinsecal lawfulnesse thereof ●…t being for matter God's Word and by vertue o●… the reverence that is due to the gifts and endowments of brethren and friends counselling right things which is all that can be attributed to a consultative meeting but also by vertue of a positive Law of God by which He hath commanded us to hear the Church and those that sit in Moses Chair and to be subject in the Lord to Church-Governours to whom He hath given a Ministerial and Official Authority and Power to assemble in His Name in the respective Courts appointed by Himself for governing His House according to the rule of His Word And therefore as they have Authority or a superiority of Jurisdiction which no consultative meeting hath So whosoever resisteth their power when put forth to edification and not to destruction doth not only sin by despising that Word of God which is the matter of their Decree and by despising the gifts and graces of their Brethren that are exercised in holding forth light unto them but doth also sin by resisting the Ordinance of God A Kirk-judicatory modelled according to the patern shewed in the Mount and cloathed with Authority from Jesus Christ and proceeding according to the Law and to the Testimony to which they ought to be subject God having commanded us so to do Their second Reason is That without this submission and subordination they do not see how Unity and Order can be continued in the Kirk It being in vain to think of a remedy by superiour Iudicatories without this the refusing thereof being the way to make all Union void So in their Answer to the Queries propounded upon their Overtures Novemb. 16 1655. And in their Represent pag. 39. sect. 4. and pag. 47. sect. 3. Answ. This is the very argument and language of the Advocates of the Sea of Rome whilst they plead the Popes visible headship and irrefragable authority and jurisdiction over the Church to which all ought to submit without gainsaying or counteracting the very thing that hath set up the Man of sin to sit a●… God in the Temple of God unto the enslaving both of the Word of God and the consciences of men by requiring of them subjection and blind obedience to his dictates without examining the same according to the light of the Word If according to the revealed Will of God there ought to be such a submission in all cases without counteracting What shall we say of the practices of the Prophets and Apostles and others of the Servants of God who have lived before us in corrupt times must all their preachings and other actings though most agreeable to the Word of God be condemned because they were contrary to the 〈◊〉 of the Church wherein they lived 〈◊〉 were indeed to set up a power over the Word 〈◊〉 God a power for destruction and not for 〈◊〉 That would indeed make a sinfull unity a●… order and teach a way to avoid persecution an readily to obtain peace with men but with 〈◊〉 losse of Truth and a good conscience The wa●… to preserve Unity and Order in the House of Go●… is not to hearken to the counsels of flesh an●… bloud by setting up the will of man for a La●… and establishing an arbitrary and tyrannica●… power over consciences to which they shall b●… tyed to submit to iniquity and injustice for Go●… hath said that the 〈◊〉 of iniquity that framet●… mischief into a law shall have no fellowship wit●… Him And therefore that may destroy Unity an●… Order it will not preserve it But to let the Wor●… of God which is both the rule and bond of Unit●… and Order have place Gal. 6. 16. and Judicatories proceeding according to this is an effectua remedy actu primo and objective as in every Ordinance of Christ albeit actu secundo there is n●… efficacious remedy in either Word Sacraments Admonitions Suspension Deposition Excommunications Presbyteries Synods or any Ordinance the Church doth injoy or can exercise without the effectual blessing and influence of the Spirit of God who is the author and appointer o●… these and concurreth therewith upon the consciences of men according to the pleasure of His own will Shall persons sentenced unjustly submit Yes say our Brethren for preserving Unity and Order What remedy then say we for preserving the Truth They may appeal say they But say we they have appealed and have therein succumbed What remedy now No remedy but that at one stroke the precious Truths of God and interests of Jesus Christ must be born down and buried in oblivion And the Saints and Ministers of the Gospel be buried under the rubbish thereof
because one Assembly will have it so But say our Brethren how shall Unity and Order otherwayes be preserved in the Church of God We Answer Very well because if the Sentence be unjust it ought to be recognized and repealed If it be just and of an inferiour nature If the persons will not submit they are after due procedure to be cast out as those that will not hear the Church and so both Unity and Purity both Order and Truth are preserved Will our Brethren under a pretext of Order destroy Christian-liberty and bring-in Popish-tyranny It is Christ's Order and the King of Saints Peace that every Believer have the judgment of discretion whether the Judicatories of the Kirk speak according to the Scriptures or whether they ought to obey or submit or gainsay or counteract and what Christ hath given them no man can take from them Their third Argument is taken from the judgement and practice of this and other Churches which as they affirm plead for this subordination and submission required by them in their Answer to the Queries of the 16. of November 1655. they say That this submission hath been established by the General Assemblies especially by the Assembly in Anno 1648. sess. 30. and practised by the General Assembly 1646. in the case of Mr. James Morison and the Presbyterie of Kirkwall And that it hath been the constant practice of all the Iudicatories and members of this Kirk ever since the late Reformation untill our present differences did arise And in their Paper of the 24. of Novemb. 1655. they do cite for proving of this submission the Act of the General Assembly 1647. concerning the hundred and eleven Propositions and the seventh head of doctrin●… therein contained And in the 39. page and 43. section of their Representation they are so confident as to tell the Brethren for the Protestation that their practice in matters of Discipline and Government was never heard of in this Church nor we believe say they in any Church where th●… Officers and constitution thereof were acknowledged to be agreeable to the Word of God but what-ever the superiour Iudicatories might do as they would be answerable notwithstanding an appeal yet the appealer and inferiour did alwayes submit and sist their proceedings till their cause wa●… heard and tried And to confirm all this in the fifth page of their Declaration they tell us that both themselves and the pr●…testing Brethren were solemnly engaged to this submission at their admission to the Ministery As to the judgment of our Church and of her General Assemblies we do deny that ever they were of this judgment or have declared any such thing but upon the contrary let the Confession of Faith presented unto the Parliament and ratified by them in the year 1567. bear witnesse Artic. 21. concerning the power and authority of Councils lawfully gathered the words are these So far as the Council proveth the Determination and Commandment that it giveth by the plain Word of God so soo●… do we reverence and imbrace the same But if men under the name of a Council pretend to forge unto us new Articles of our Faith or to make constitutions repugn●…ng to the Word of God then utterly we must refuse the same as the doctrine of devils which draweth our souls from the voice of our only God to follow the doctrines and constitutions of men In the beginning of the Reformation 1562. It is concluded by the whole Ministery in the Assembly held that year sess. 2. That Ministers shall be subject in all lawfull admonitions as is prescribed in the Book of Discipline Likewise it is provided in the Articles agreed upon by the Gen. Assembly held at Edinburgh in March 1570. sess. 2. concerning the Jurisdiction of the Kirk That the suspension and deprivation of Ministers and others admitted to functions in the Kirk charge of souls c. shall be for lawfull causes In the Book of Discipline agreed upon in divers preceding General Assemblies and recorded in the year 1581. by order of the Assembly held in April sess. 9. to the defence of which Discipline the King and Subjects of all ranks did then subscribe and swear which was also renewed in the year 1638. It is expresly declared chap. 7. concerning Elderships Assemblies and Discipline That Office-bearers are to be deposed for good and just causes deserving deprivation If it were needfull we could cite more of this kind We shall only adde other two testimonies from very late Assemblies of this Kirk The Assembly conveened at S. Andrews in Anno 1642. ●…ess 8. in the Overture for transplantation of Ministers do declare That no Presbyterie or Assembly should passe a sentence for transportation of any Minister till they give reasons for the expediency of the same both t●… him and his Congregation and to the Presbyterie whereof he is a member That if they acquiesce to the reasons given it is so much the better if they do not acquiesce yet the Presbyterie or Assemblie by giving such reasons before the passing of their sentence shall make it manifest that what they do is not pro arbitratu vel imperio only but upon grounds of reason And the Assembly conveened at Edinburgh in Anno 1647. in their brotherly exhortation to their Brethren of England do declare as followeth We would not say they have our zeal for Presbyteriall Government misunderstood as if it tended to any rigour or domineering over the flock or to hinder and exclude that instructing in meeknesse them that oppose themselves which the apostolicall rule holdeth forth or as if we would have any such to be entrusted with that Government as are found not yet purged either from their old profanenesse or from the prelatical principles and practices which were to put a piece of new cloath into an old garment so to make the rent worse or to put new wine into old bottles so to lose both wine and bottles From these passages impartially considered it is manifest that the General Assemblies have judged that as it is rigor and a domineering over the Lord's flock for the Judicatories of the Kirk to determine or do any thing pro arbitratu vel ●…mperio or without giving a reason thereof from the Word so when they do thus determine and judge there is no reason to submit thereunto or acquiesce therein As to what is cited by our Brethren from the Act of the General Assembly in Anno 1648. sess. 30. We answer That though the word justly be not expressed in the letter of the Act that being amongst the praecognita or praesupposita of all those that do make or require obedience to Laws that they make and mean of just Laws yet it is evident that it speaketh of those Ministers who being justly suspended or deposed from the function of the Ministery shall continue in the exercise of their Ministery or intromet with the stipends belonging to those Kirks they served at as doth
Classes and Synods and therefore we wonder that our Brethren should cite such testimonies for confirmation of their new doctrine as do indeed make against it Neither have our Brethren been more happy in what they tell us in their Representation that this practice of ours in matters of Discipline and Government was never heard of in any Church where the Officers and constitution thereof were acknowledged to be agreeable to the Word of God What hath been heard of in this Church we have already told them and for other Churches we would desire them to look upon the story of the Church within the first four or five hundred years after Christ and see whether many of the worthy Servants of Christ who lived of old such as Athanasius c. did not refuse submission to Sentences and Decrees of Synods and counteract thereunto not only by preaching contrary to their Determinations but by preaching and exercising their ministeriall function after Sentences of Deposition and Excommunication passed against them and it will be but a poor shift for our Brethren to tell us that these Synods did not consist of Officers and of a Constitution agreeable to the Word of God because these worthy men had no exception against the Officers because of their office of Bishops or such like they being such themselves nor against the constitution but their exception was against the heterodoxie and iniquitie of their Decrees and Sentences upon which account they did refuse obedience and subjection thereunto and did counteract them to the utmost of their power and though because of their so doing they were then persecuted and reproached by many of their Brethren and of the Kirk-judicatories of these times a●… the fire-brands of the time and troublers of the peace of the Church yet hath their praise been amongst all sober and sound men in all the Churches of Christ throughout many generations and will be so to the end of the world And those who did persecute them for so doing are and will be justly condemned as men of a malignant spirit We remember to this purpose an observation of Osiander upon one of the Canons of a Council at Antioch in which it was decided That if any Ecclesiasticall persons should without the advice and letters of the Bishop of the Province and chiefly of the Metropolitan go to the Emperour to put up any grievance unto him he should be cast out not only from the holy communion but from his proper dignity which he had in the Church This Canon saith Osiander was composed against holy Athanasius for Athanasius being expelled by the Arians had fled to the Emperour Constantine the younger and bad from him obtained regresse to his own Church Now this Canon saith he is very unjust which forbiddeth that a Bishop or any other Minister of the Church being unjustly oppressed flie to his godly civil Magistrate since it was lawfull to the Apostle Paul to appeal to the Roman Emperour wicked Nero as the Acts of the Apostle witnesse but it may be seen in this place that Bishops were very soon seeking dominion saith he yea tyrannie over the Church and over their colleagues Hist. Eccl. Cent. 4. lib. 2. cap. 48. pag. 242. The last part of their alleagance that both the protesting Brethren and they were solemnly engaged to this submission at their admission to the Ministrie if it were meaned of such as were admitted by and gave engagements to the Prelates it hath indeed too much truth in it that many of their number and haply some of the other also did at their admission to the Ministrie give these engagements for absolute and implicit submission to their ordinary the Lord-Prelate to which the submission required by our Brethren as we shall afterwards shew is too neer a kin but that ever such an absolute unlimited submission was either required by Presbyteries or engaged into by intrants since the casting out of the Prelates we do deny and are confident that our Brethren can bring no relevant proof of it in the form and order of the electing of Ministers condescended upon in the Assembly at Edinburgh March 9. 1560. where Iohn Knox was Moderator sundry questions are ordered to be propounded to the intrant to the Ministrie which for ought we know are and no other for substance the same that have been propounded since the Assembly at Glasgow 1638 Among other things It is demanded of him if he will not be subject to the Discipline of the Church with the rest of his Brethren And the answer is That he doth most willingly submit himself to the wholesome Discipline of the Church yea to the Discipline of the same Church by which he is now called to this office and charge and that he doth in Gods presence and theirs promise obedience to all admonitions c. Now what doth this amount unto will our Brethren say to such a subjection as they contend for The subjection here spoken of is upon expresse supposall of sliding and offending upon his part who promiseth the subjection upon which case the protesting Brethren are as much for subjection to Discipline as the resolution Bretheren are But if they will extend it further and say that it is meaned of absolute subjection to the sentence of his Brethren whether he have osfended or not they may as well and with more colour of reason say that he is bound by his oath not only to give subjection but also obedience to all their admonitions whether just or unjust lawfull or unlawfull because there is no expresse limitation in the words of the oath these qualifications being as we said before amongst the praecognita and praesupposita of all such questions and answers and there being no need to expresse them except where there are grounds of jealousie As to the reasons and arguments which do plead against this submission so much contended for by the resolution Brethren we shall set them down when we come to speak of the iniquity of these Brethren their demands in order to Union and Peace The sixth thing that our Brethren bring in for attesting the protesting Brethren their projecting to subvert the Government of the Church is That some of them did endeavour to enervate the power of Church-judicatories by procuring an order puting the power of giving testimonie to intrants which is due to Presbyteries only who are authorized to judge of their call and to try and to ordain them in the hands of some select persons of their own choosing Declar. pag. 6. We do somewhat wonder at our Brethrens mentioning of this and that in a Paper pretending to earnest desires of Union and Peace 1. Because the whole Land and their consciences know that that order was not imbraced nor made use of by the protesting party in Scotland and that many of those whose names were in it gave their reasons why they were not clear in their consciences to close with it 2. Because it is well known to themselves that
the reverend Brother upon whom they would cast the blame in this matter and others of both judgements were required by the Lord Protector to go to London where being demanded he gave his opinion That seing there was a Court established in Scotland for disposing of the legall maintenance to such Intrants of the Ministrie as upon certificates should be approved of by the Judges of that Court whereby the Judges were left to an uncertainty whose certificates to receive It was therefore fittest in the present distractions of the Church that those certificate should be granted by a select number of both judgements which being embraced by my Lord Protector and his Council and an Ordinance passed for that effect and sent to Scotland When the reverend Brother did perceive that it was not accepted he laid it aside and did not prosecute i●… any further And we wish the Brethren for the publick Resolutions would follow the example of his condescendencie in the like cases But may i●… not be truely said that our Brethren have done much more themselves for enervating the power of Church-Judicatories and bringing the Ministrie into bondage by clandestine capitulations of theirs about Intrants to the Ministrie the effects whereof are so well known as we need not to mention them But say they in the next place When it pleased the Lord to break that snare their leading men have again of late attempted the utter ruine of this Church and of these who differ from them under the pretext of seeking a Commission for plantation of Churches they projected to have the power of disposing the legall maintenance of Ministers pu●… in the hands of that Commission though they know such a power was never given nor assumed by such a Iudicatorie but that it is contrarie to the order established by the Law of the Land the great design therof being not only to call the Authority of the late Assemblies in question as they expresse in their desire but to have the maintenance put in the hands of men to their mind who were the proposers of the Overture that so they might discourage all who are opposite to them from the Ministrie What poor and weak premisses are he●…r to draw such a conclusion from That the protesting Brethren or their leading men have of late attempted the utter ruine of this Church and of those who differ from them When the civil powers were pleased to put in the hands first of a peculiar Court appointed for that end and afterwards into the hands of the Council the disposing of the legall maintenance of Ministers to such Intrants as upon certificates should be approven by them The protesting Brethren having represented the inconveniencie of this thing unto his Highnesse Council in Scotland and finding that they were not impowered to change that way did afterward by some of their number supplicate his Highnesse That as it is allowed to the Nation to be governed by her own Laws the like freedom may be given to the Church to be governed by her own uncontroverted Acts and Constitutions and that Intrants to the Ministery might have full access to their stipends and maintenance conform to the Laws of the Nation without any bonds or engagements of a civil nature directly or indirectly and that all the Acts of Parliamen●… which do relate to the liberties of the Kirk may be declared to be still in force and that there might be a Commission of able and godly men who know and understand our Church affairs nominated by his Highnesse which might exercise the power which was formerly in the Commission of Plantation of Churches in Scotland and also do the duty of the Civil Magistrate anent Ecclesiastick matters according to the Rules and Acts of uncontroverted Assemblies and Laws of the Land preceding the year 1651. Was there herein any thing faulty much lesse so hainously faulty as an attempt for the utter ruin of the Church and of the resolution Brethren Yes say they there was a project in it to have the power of disposing the legal maintenance of Ministers put into the hands of that Commission though such a power was never given nor assumed by such a Judicatory and is contrary to the order established by the Law of the Land But as the first part of the protesting Brethren their desire which we have already set down doth expresly bear That Ministers might have accesse to their stipends in such a way as i●… conform to the Laws of the Land So doth the last part expresly qualifie the power which they desire to be given to the Commission of Plantation of Kirks in the exercise of it that it might be according to Acts of uncontroverted Assemblies and the Laws of the Land It is neither falshood nor vanity for the protesting Brethren when they are charged as underminers of the Liberties of thi●… Kirk to say that in their essays for preserving and vindicating of these they have been nothing short if not somewhat beyond these men who challenge them And what though upon supposall of the purpose and resolution of the civ●… powers not to alter the former way of disposin●… of the legall maintenance of Ministers they ha●… desired that the disposing of Ministers maintenance might be in the hands of that Commission●… was it a fault when they could not prevail to bring it in conformity to the Laws of the Land to desi●… that there might be a translation of the power in its exercise from one subject to another who being not necessarily diverted with multiplicity of affairs as the Council is might more conveniently attend it But say they the great design of this was to call the Authority of late Assemblies in question Supposing that to be true that the Authoritie of these Assemblies were not only called in question but pronounced null would that bring utter ruine to this Church and to those who plead for them do our Brethren think that the Church and themselves must stand or fall with the Authority of these late Assemblies We wish the Church and them too better foundations then such bowing walls and tottering fences But could not the Commission for plantation of Kirks have exercised that Power and the Authority of these Assemblies have also stood we see no inconsistencie between them Next say they The design was to have the maintenance put in the hands of men to their mind that so they might discourage all from the Ministrie who are opposit to themselves If our Brethren judge such discouragement to be so great a crime why have they so much practized it and framed the mischief thereof into a Law that none shall have liberty to be a Burser in a DivinityCollege or to wait upon a Family much lesse to be admitted to the Ministrie that doth not acknowledge the Constitution and submit to the Acts of these two late Assemblies But as concerning the men into whose hands the protesting Brethren would have had the disposing of the maintenance put
no reason of ●…quity in them but their own meer arbitrament and pleasure or though there be iniquity and injustice in them Dan. 11. 36. and when subjection without gainsaying is not only required of private and particular men but also o●… all inferiour Judicatories and even of these that are clothed with lawfull power and authority Was not this the State-tyranny that was formerly exercised and 〈◊〉 for by the Malignant-party to which there was publick opposition made by defensive Armes that are generally acknowledged by all sober men both Polititians and Divines to be a lawfull mean of a peoples preservation from the mine that is threatened by Tyranny And shall we now set up a Church-tyranny the meer will and abitrement yea the unjust Sentences of Church-judicatories for Laws and require absolute submission thereunto not only of private and single persons but of all in●…iour Judicatories not allowing the Congr●…gational-eldership once to whisper against what is resolved by the Presbyterie or the Presbyterie against what is resolved by the Synod or the Synod against what is resolved by the General Assembly If then the superiour Judicatories will tyrannize what remedy is there or if they become corrupt how shall the ruine of Religion or the persecution and oppression of these who desire to keep Faith and a good Conscience be avoided Have the Ministers and Saints and Courts of Jesus Christ received Religion and His Ordinances upon these tearms that if a superiour Court will have it so they shall all crouch down as Asses under the burden and let them without gainsaying they being now cudgel'd into silence by a sentence of suspension from the Sacrament or Deposition or Excommunication ruin Church and Ministers and Ordinances and Professors and all the precious interests of Jesus Christ And shall we say that such a submission is required in this case as though they ought to do nothing but weep and pray in secret How great tyranny is this and how remedilesse a way to ruin And yet this is the consequent of our Brethren's opinion If they tell us that there is no hazard of these things because the Church of Scotland is sound in Doctrine and Worship and Discipline and Government and that it is upon the account of the soundnesse of the Church-judicatories only that they challenge this submission as due unto them We desire 1. to know whether they will grant that such a submission as they do now plead for may be denied to Church-judicatories that are unsound and what degrees of unsoundnesse they will have them to fall into before this submission can be warrantably denied unto them It seems to us by our Brethrens judgement as long as they keep any thing of the being and authority of Kirk-judicatories though they be corrupt not only in the particular Determinations to which submission is required but in many things besides both in Doctrine and Discipline and Government this submission must be granted them because to deny it is to deny the very being and essence of the Government How this shall be avoided we do not see unlesse they say That a Church-judicatory that is unsound in any point of Truth doth lose its being and authority which we hope they will not say having in some of their Papers charged it as heterodoxie upon the Protesting Brethren 2. As we shall be glad that they will confine this submission to sound Judicatories upon the accompt of their soundnesse only so in the case of their so doing we do not see what this importeth more in the matter of submission than the Protesting Brethren are willing to yeeld to wit A submission to all sound Determinations and just Sentences of the respective Judicatories of the Kirk without any counteracting because if it be given to them upon that accompt only that they are sound then is it only to be given to them when they are sound and right in their resolutions and actings which the Protesting Brethren willingly yeeld and be like in some particular cases somewhat more We finde them in their last Paper in the Conference at Edinburgh November 25. 1655. professing that if the case were only of particular persons in things of more private interest and personal concernment and of Judicatories imploying their power to edi●…ication in the current of their actings they would not much contend about it But 3. the Protesting Brethren do deny tha●… the Church of Scotland is now sound It is their sad complaint that there is in the Church the plu●…ality of her Judica●…ories very much practical●… unsoundnesse not only because of their not improving the precious Ordinances of God for bearing down of the kingdom of sin and Satan and advancing the Kingdom of the Lord Jesus Christ but also because of their abusing of them in many things for a carrying on of a course of defection from former integrity and purity and a course of persecution against godly Ministers and Elders and Professors in the Land who cannot be consenting to their backsliding courses therefore do these Brethren conceive that they have the more reason to refuse to engage themselves to an absolute submission to the Sentences of the Church Judicatories whilst the power is in such hands because it were to betray themselves and the Work and People of God to the lusts and will of men We conclude this debate of the nature of that submission that is due to Church-Judicatories with two testimonies of men who are deservedly acknowledged to be great and worthy asserters of Presbyteriall Government The first is of the Authors of the Divine-right of Church-Government who in the 15. Chap. of that book treating of the subordination of particular Churches to greater Assemblies for their authoritative judging and determining of causes Ecclesiasticall and the Divine right thereof do write thus It is granted say they that the highest Ecclesiasticall Assembly in the world cannot require from the lowest a subordination absolute and pro arbitrio i. e. at their own meer will and pleasure but only in some respect subordination absolute being only to the Law of God laid down in the Scripture We detest Popish tyrannie which claimeth a power of giving their will for a Law It is subjection in the Lord that is pleaded-for the streightest rule in the world unlesse the holy Scricpture we affirm to be regulam regulatam i. e. a rule to be regulated peace being only in walking according to Scripture Canon Gal. 6. ver. 16. The other is of our Country-man Mr. George Gillespie in his Assertion of the Government of the Church of Scotland the sec. part ch. 2. page 127. We must distinguish saith he betwixt a dependance absolute and in some respect a Congregation doth absolutely depend upon the holy Scriptures alone as the perfect rule of Faith and manners of Worship and of Church-Government for we accurse the tyrannie of Prelates who claimed to themselves autocratorick power over Congregations to whom they gave their Naked-will for a Law one of
themselves told a whole Synod that they ought to esteem that best which seemeth so to superiours and that this is a sufficient ground to the conscience for obeying though the thing be inconvenient We say that Congregations ought indeed to be subject to Presbyteries and Synods yet not absolutely but in the Lord and in things lawfull and to this purpose the constitutions of Presbyteries and Synods are to be examined by the judgement of Christian discretion for a Synod is judex judicandus and regula regulata so that it ought not to be blindly obeyed whether the Ordinances be convenient or inconvenient Having now vindicated the Protesting Brethren from the Aspersions unjustly cast upon them in that Declaration and given a Reason why they cannot accept thereof as containing right and fit foundations of Union We have only to add That we know and are perswaded in our spirits that as the divisions of this Church are amongst the deepest wounds and greatest afflictions of their souls so there is nothing next unto communion and fellowship with God in his Truth which they do more earnestly desire than a sinlesse Union and Peace in the Church and would redeem it at any rate that shall not pollute their consciences and widen the breach with God And therefore as through the goodnesse and mercy of God these Brethren have a witness of their innocency and of the justice of their cause in the hearts of many of the precious and godly in the Land So we desire that none of the Lord's People will receive the accusations that are laid against them or look upon them as men of implacable spirits who hold up contention and division in the Church but esteem them such as stand for the defence of the Truth and are seeking and pursuing such an Union and Peace as may be not for the destruction but for the preservation of the Truth and Cause of God which they conceive themselves bound to and tender before their own Persons and Ministery POSTSCRIPT AFter that this Answer was sent to the Presse the Authors of the Declaration to which it doth contain a Reply together with several other Brethren of their judgment meeting at Edinburgh in an extrajudicial way two moneths after the first publishing thereof did resolve that the Declaration should be tendered to the several Presbyteries of that judgement for their approbation and thereafter offered by them to the Protesting Brethren in the several parts of the Country and that their Answer should be desired thereupon Whether the imputation which they conceived to be cast upon them by some Synods ref●…sing to declare themselves as to their approving thereof of which we have had a credible report or any other consideration did lead them hereunto we shall not determine but we cannot but take notice 1. That herein they have had little or no regard to the due liberty of Presbyteries and Synods notwithstanding of their great pretentions and professions unto the contrary in all their debates with the Protesting Brethren a few private persons having first without acquainting them with that Paper or desiring their approbation thereof published the same as the Iudgment and in the Name of the Brethren who are for the established Government of the Kirk of Scotland and then ex post facto a long time after it had gone abroad materially in their names to endeavour to engage them in the approbation thereof 2. That the Presbyteries of that judgment have walked in a very different and dissonant way in order to that without justifying the Narrative 〈◊〉 and others having approven the whole Paper Title and Body as it stands and in these tearms tendered it as a ground of Union and Peace 3. That sundry of these Brethren and Presbyteries of the Resolution judgment who have approven and tendered this Paper to several of the Protesting Breth●…en have done it in such a way as doth more savour of the customs of litigious men than doth beseem the Gospel and Servants of Iesus Christ to wit by Civil Notaries and Instruments required under their hand 4. That some Presbyteries of that judgment have because of some Protesting Brethren of the Presbyterie their refusing to joyn with them in condemning the practices and proposals mentioned in that Declaration as contrary and destructive to the Government of this Kirk declared them to be such as do dissent from the Government it self Besides any thing that is said in the body of this Reply it may by these things further appear what reason there was upon the one han●… to hasten forth an Answer to that Paper and upon the other how small reason from the Paper it self how lub●…ick grounds from the dissonant proceedings of the Resolution Brethren thereupon the Brethren for the Protestation have to imbrace the same as a foundation of Union and Peace Or if they do so in how great ●… cloud of uncertainty they must walk and what hard conditions they must swallow FINIS