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A51043 The banders disbanded, or, An accurat discourse solidly and plainly demonstrating how inconvenient, scandalous & sinfull it is, in the present circumstances of the Church of Scotland, for ministers of Christ there that they may obtain a pretended liberty to preach and administer the Sacraments ... to give bond to their present rulers, that they shall live peaceably ... and so discovering clearly the great unfaithfulness of the affirmative vote of the late meeting of ministers at Edinburgh (anno 1679), concerning the lawfullness of giving the bond then presented by the councill ... McWard, Robert, 1633?-1687. 1681 (1681) Wing M230; ESTC R5172 58,793 54

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Ministers in Scotland would be against that Vote for after tryall there will be found I hope rather few to approve therof yea some of themselv● who then aggreed do already wish that it had never been tabled in that Meeting And before I proceed I must tell you that severall wanted not their feares that not a few of that Meeting as it was then constitute would be ready enouugh to declare themselves for such a Bond whenever they should have occasion for that effect and there was too good ground for this Considering 1. How we have provoked the Lord by our former cedings unfaithfulnes to give us up to walk in connsells of our own 2. How Ministers their Ministry have been brought under so much subjection to the Civill Magistrate already by closing with imbracing the two first Indulgences 3. That so many Ministers in Scotland had laid themselves aside from the publicke exercise of their Ministry declining shifting to preach under the Crosse these many years past 4. What secret grudgings emulations whisperings now then vented by some in sharp bitter Invectives against their Brethren for supplying the desolate parts of our Church by transient visits in this disturbed state being neither willing to labour themselves or that others though upon their perill should supply their defect but rather with the Common Enemy despising reproaching their persecuted Brethren as dis-orderly walkers fosterers of the people in an ignorant zeall leaders of them into separation fomenters of division and too often decrying extenuating undervaluing all the glorious signall appearances of the power of God at these meetings the singular blessed effects wich were produced by the right arme of the Lord in the Ministry of their Brethren who were despised in the eyes of the world too much also in theirs 5. How these generall Meetings were called together since the late doolfull sorrowfull dispensation which was at first by a few and these such as had litle concerned themselves in the desolations of the Church during the time of the bypast persecution till the late Proclamation for this new liberty or Indulgence 6. How the leaven of the two first Indulgences hath wrought till it had neer leavened our whole lump that severall who profest once to be clear peremptory against it some who then had the offer and refused to accept of late were become favourers of pleaders for it 7. What eager longing too many had after some new Indulgence as hath been manifest from the expressions carriage of some which did clearly shew their readines to imbrace the first offer that might come in their way Lastly if we consider the Constitution of the late meeting who past this Vote That it was for the most part made up of Indulged avowed Applauders of the Indulgence or under-hand Approvers favourers of the same yea and some of them vigorous Contenders for these old publick Resolutions which was a signall step of the Church of Scotlands declining and who were active persecuters of their dissenting Brethren at the time of that temptation I say an impartial Reflexion upon these the like Considerations may make it seem lesse strange that such a Vote did so easily passe at that Meeting But seing you desire to have an account of my Thoughts anent this new Liberty the method prescrived to Ministers for entering to Congregations by petitioning the Council giving this Bond of surety And whither the people may concurre in calling Ministers who will enter this way I dare not shun to communicat what light I have therin though most unfit of many and as averse as any from entering into a Contest wherin I am necessitat to differ from so many Reverend Brethren whom I highly honour in the Lord who have deservedly been esteemed in the Church yet I cannot but bear my Testimony against what sin snare I see in this as I would not partake of other mens sin And shall in obedience to your Desire if it may be of any use for futher information to yow or others who are carefull to keep themselves from the Contagion of this current Defection speak alitle to this sad subject and hold forth what Reasons do at present occurr to me against the giving or allowing to give that Bond for Ministers to obtain this new Indulgence And in order thereto I shall propose this method 1. I shall lay down some Generalls previously to be considered 2. a word to the Liberty granted to Ministers by the Civill Magistra● 3. Some things by way Explication of the Bond. 4. Propose the state of the Question draw forth some Reasons for the negative 5. Answer briefly to some Objections And lastly for obviating Mistakes I shall point at some of our Principles anent the Civill Government As to the First I shall touch only upon such generall Considerations as are most conducible to my present scope of arguing against giving this Bond in the present Case And 1. Let us reflect upon some Positions of the Reformed Government of our Church called Presbyterian as 1 This Government is not of a temporall or Civill nature but purely spirituall and to be exercised modo spiri●uali and consequently 2 It is a Government specifically distinct from independent upon the Civill Government and neither to be confounded therewith nor subordinat thereto either in the power or exercise of the power 3 This Government is not Monarchicall save only in the Head Christ Not Hierarchicall or prelaticall not Democraticall not Magistraticall nor Magisterial but Ministeriall to be exercised in an immediate subordination to Christ as sole Head King supreame Governour of the Church Instituter of this Government 4 That this Government of the Church is to be exercised by a plurality of Compresbyters or as wee use to say Communi consilio consensu Presbyterorum not by any single person it is ●iven Unitati non uni nor at all by the Civill Magistrat 5 That the tryall judging of the Qualifications fittedness of men for the Ministry as also the power of Conveying a Licence to Preach or the potestative Mission to the Ministeriall function being acts of Ecclesiastick order and Jurisdiction belong only to Church Officers in their Classicall or Synodicall Meetings 6 As the tryall judgin● of a Persons sittedness for the Ministry in generall so the tryall judging of Ministers Qualifications sittedness for the exercise of their Ministry to the best edification in such or such a particular Charge or Congregation belongeth only to these Church-Officers And therefore 7 the power of transplanting or loosing Ministers from one particular Charge fixing them in another is proper only to Church-Officers as an intrinsick act of the power 8 As the power or office of the Ministry is given authoritatively from ●esus Christ alone who ascended on high and gave gifts to men this great gift of the Ministry
up in these two 1. The Narrative 2. The Obligatory part In the Narrative are mentioned 1. an humble petition given in to the Councill by the parishoners for such a Minister as they have called to such a paroch 2. The Councill's Granting of the said petition which Grant consists of these five 1. they grant the Minister 2. to preach administer the Sacraments 3. in such a particular paroch 4 conforme to his Majesty's proclamation Letter 5 upon their finding of Caution c. As for the Petition it seemes chiefly to import 1. That the people's calling of the Minister their petitioning of the Presbytery their obtaining him from them is hereby counted insufficient for his being admitted to the exercise of his Ministry untill the Magistrate first be supplicated for it his Consent obtained thereto And therefore 2. That the way they took forme●ly to invite call Ministers at least since Ministers were outed hath been irregular dis-orderly 3. That they ought not henceforth seeing they look upon this new mode of calling Ministers as their present duty so long as matters continue thus ci●cu●stan●ia● To receive or permit such Ministers to exercise their Ministry among them as doe not enter by this De novo damus As to the 2. Part of the Narrative which is the Councills granting the petition whereby I. They grant such a Minister it imports 1 That Granting or authoritative giving of Minis●ers to the Church investing them with power to exercise their Ministerial office doth not belong properly primarly solely to Christ as being the alone Head of the Church nor to a Church-Iudicatory in subordination to him nor to be conveyed to the Ministers in an Ecclesiastick way But must immediatly be conveyed to him from the Civill Magistrat that in a Civil way 2 That it supposeth yea and giveth to the granter an au●hori●ative definitive power to cognosce upon judge determine that primâ instantiâ who are worthy qualified who unqualified for being admitted to the exercise of the Ministery 3 It yeelde●h to the Civill Magistrat a power both Accumula●ive and p●ivative in matters purely Ecclesiastick viz. a power ●o grant or not to grant as he pleaseth such Ministers a Licence to exercise their Ministry as are bo●h qualified for and also already ordained in that Function II. To preach administer the Sacraments which yeelds to the Magistrat beside what we have observed in the former a power to separate divide the Essentiall parts of the Ministeriall function enjoyn the Ministers so to doe for by the Proclamation and Councill's act the Ministers who accept of this Indulgence have Licence only to preach administer the Sacraments so that what they wold seem liberally to give with the one hand they sacrilegiously robb with the other III. In the paroch of c. which supposes 1 That the Minister hath no power nor legall right to exercise his Ministry save in that particular Congregation to which he is assigned by the Councill 2 That the Magistrat ha●h power to dissolve and annihilate the old ●y relation betwixt Pastor Flock to make up a new one at his pleasure and conseq 3 Th●t the power of fixing planting transplanting of Ministers is not the proper inherent Right of Church-Iudicatories IV. Conforme to his Maj. Proclamation c. Whence it is manifest That as the Councill's Grant or Licence so the Parishoners petition the Cautioners bonding for the Minister as also the Ministers accepting of the Liberty therupon must be conforme to and so a complying with acquiescing in all these evills in so far as the termes are thus proposed by the Granter without any reluctancy or Protestation accepted by the Receiver that are inseparably connected with the said proclamation such as 1 The many bitter invectives against field Meetings in the Narrative therof and a positive Condemning all such as Rendezvouzes of Rebellion c. 2 Ane absolute Interdicting of any such Meetings for the future under highest pain 3 Restricting the faithfull Ministry of Scotland to the south side of Tay only excluding many other places also within the said bounds from this liberty 4 Excluding all these Ministers who are suspected by the Councill to have been at the late Rising in armes 5 All these also who shall afterward be admitted by non-conforme Ministers 6 No liberty granted for the exercise of Church-discipline or ordaining others to the work of the Ministry c. V. Upon finding caution c. Where observe 1 That the Councill looks upon the Ministers as persons so naughty or infamous that they are not worthy to transact with in this affair at least immediatly in their own Persons but they must have others of more credit Respect to represent them undertake for them make up the bargain in their name favours 2 That the Ministers are men of so pernicious profligat principles That they will make no C●nscience to performe their duty to their superiours such as peaceable living is acknowledged to be both by the Giver Receiver of this Liberty unless they be either allured thereto partly by the benefice of a set stipend from the paroch partly by the promise of externall peace protection from the Councill or else overawed thereto either by the ●e●ror of the Councill or ●ear of hazarding the Cautioners paying the penalty In the Obligatory part of this Bond I find the Cautioner is obliged to four things in reference to the Minister 1. That he shall live peaceably 2. In order thereto he shall present him to the Councill when called so to do 3. In case he failzie he shall be lyable to 6000 Merks And 4. he obliges with himself his Heirs successors to all these In all which we may observe this in generall That there is here not only a reall or virtuall but a formall yea explicit Compact or Transaction between the Magistrat on the one hand the Minister his Cautioner on the other each of the two Parties to performe something to the other but with this difference that what the Magistrat is to perform he pretends to do it out of mere condescendence or indulgence to the other party and therefore challengeth to have the termes of the bargain in his own framing proposing wheras the Minister his Cautioner being subjects to the Magistrat are presumed to performe their part as a duty which they owe to their Magistrat and are bound by the word of God to perfo●me antecedaneously to this or any other supervenient bonds of this nature The Magistrat on his part grants to the Minister a liberty or licence to preach and that upo● such such Conditions as himself is pleased to propose the Minister again on his part or the Cautioner ●or him engages to fulfill these conditio●s And so the bargain is aggreed upon concluded by them both a Record therof taken put up
be eo ipso liberate from his obligation for the Ministers peaceable living presenting of him when called sure I am that this Bond is not proposed formally explicitely in Alternative termes so not to he understood such nor ingadged unto as such if w● but consider the true nature definition of Alternative promises or Ingadgements that is given by Lawyers which is Alternativa promissio est cum duo vel plura sub disjunctione v. g. cum dicitur aut hoc aut illud promittuntur cujus natura haec est ut utrumque sit in obligatione quamvis solutione unius tollatur tota Obligatio that is Ane Alternative promise or engadgement is when two or moe things for instance when it is said Either this or that are disjunctively or severally promised the nature of which is this that both to wit the Alternative parts are in the obligation although by performance of either the whole obligation ceaseth The 4. last thing to be noticed in the obligatory part of this Bond is That the Cautioner doth bind his Heirs Successors together with himself to the fulfilling of all these 3 parts already mentioned explained The Inconveniences of which I shall afterward only touch in the 8. Arg. of the 3. Head The termes of the Bond being some way explained in so for as is conducible to the purpose in hand I shall nixt in prosecution of my Method propose the state of the Question thus Whither in the present Circumstances of the Church of Scotland it be lawfull a necessary duty for the faithfull Ministers of Christ there to give bond to their present Rulers in order to obtain liberty to preach administer the Sacraments in such such particular paroches That they shall live peaceably Or for others in their name behalf to bind to the said Rulers for their peaceable living presenting them when called so to doe in case of failzie to underly a great penalty Or shorter thus Whither Ministers or Cautioners in their behalf may lawfully give the present Bond required by the Councill And the Negative I sustain and shall indeavour to evince by Reasons taken from a threefold Head with all due reverence respect to these who concluded they found no Reason why it might not be given 1. From it 's more direct immediate Sinfulnessesse 2. From it's Scandallousnes 3. From it's native necessary Inconveniences First therefore from it's Sinfulnes I may argue thus THat Bond cannot be given or allowed to be given with a good Conscience which is Vinculum Iniquitatis a Bond of Iniquity or a sinfull Bond. But this is such a Bond Therefore it cannot be given or allowed to be given with a good Conscience That a sinfull oriniquous Bond may be given with a good Conscience no Conscientious man will affirme But that this Bond is ane iniquous and sinfull Bond may appear from the Reasons following And 1 not to make a repetition now of what evills we have already detected in Explication of the Narrative of this Bond which the Obligatory part hath so neer a relation to close Connexion with as above That Bond which presupposeth yea necessarly prae-requireth for without previous petitioning there is no access for bonding in our case the making of a sinfull Adress to the Councill must be sinfull this I suppose none either in Reason or Conscience can deny But that it is a sinfull Address which is prae-requisite to this Bonding I prove 1 To supplicat the Councill for that which otherwise may be had with more advantage to the Church and advancement of the Gospell is to make a sinfull Address But that to supplicat the Councill for this new liberty is to supplicate for that which may otherwise c. I prove If greater liberty both extensively considered in reference to places intensively to Truths preached then what is yet tendred by the Councill may be had without supplicating the Councill Then c. But the former is palpable from the daily experience of all these Ministers who with out any warant from or dependence upon the Councill have hitherto yet doe exercise their Ministry though I grant not without some seeming externall hazard Inconveniences which yet are not comparable to the manifold Inconveniences which attend this way of bonding these being sinfull as is afterward proven at large the Minister active in bringing him self into them in those it is not so either in Town or Country or wherever in providence they are called and who have therin had such signall proofs of God's contenancing their Labours protecting their persons some of them to the astonishment of all from the harme fury of the Oppressor such as thirst after their blood that even a very reflection therupon may be sufficient to frighten any Man o● Minister of the Church of Scotland ●●om such untroden in●rapping paths 2. If the Councill's Grant of this Liberty upon the giving of this Bond be many wayes manck mutilate as also implicate with many sinfull Restrictions Impositions● then it is sinfull to supplicate the Councill for the benefite or rather bondage of such a grant● And the reason is because it is ●infull o supplicate for that which is sinfull But the● Co●ncill's Grant is sinfull as is cleared above in Explication of the Narra●●ve Ergo c. 3. Such a petition as putts the Civill Magistrate not only in the place of the Presbytery but above all Church-Iudicatories and that in Church-matters is sinfull But the petition praerequisite to this Bond is such Prob. A petition that yeelds to the Civill Magistrate the power of imposing upon Ministers Instructions limitations prejudiciall to the Church propagating of the Gospell a power to cognosce authori●atively judge of Ministeriall Qualifications as also a power to censure silence or depose them at their pleasure and that primâ instantiâ such a petition I say doth put the Civill Magistrat not only in the place of but above all Church-Iudicatures But this petition is such as is partly already partly afterward shall be cleared Ergo it is sinfull 2. If the Councill's Act or Gra●t the parishoners petition for that Grant be sinfull then the giving of this Bond which is the very accomplishment of both ●hese the immediate end for which both Grant petition are calculate must be much more sinfull But both the Councills Grant parishoners petition is sinfull as is already proven Therefore the giving of this Bond must be much more sinfull 3. It is sinfull for any Man to oblige himself to doe that which is impossible for him to performe But the Cautioner by this Bond obligeth himself to doe that which is impossible from him to performe Therefore it is sinfull for him so to oblige himself That the Cautioner by this Bond obligeth himself to that which is impossible or impracticable to him is clear from the termes of the Bond
all that hes been hitherto said I or any others who object against the giving of this Bond for Ministers peaceable Living should be mistaken or mis-represented as dis-loyall seditious or dis-affected to the Civill Government Magistracy as ordinarly all such who peremptorly plead for the Interest Rights of Christ his Kingdome and upon that account find themselves often under a necessity of obeying God rather then men have been in all generations and as much this day as ever are branded with these aspersions though we are most willing to render first chiefly unto God the things that are Gods secundarly to Caesar the things that are Caesar`s I say lest our objecting against this Bond should be thus mistaken● I shall set down a few of these Principles or Positions which true Presbyterians and Objectors against this Bond do conscientiously hold in reference to the Magistrate as I That God who is the God of order hath institut ordained Magistracy in the Common-Wealth for the common good of Humane Christian society II That the Magistrate is the Minister of God for good to them that do good and a Revenger to execute wrath on him that doth evill III. That the Authority or power which God hath given him for incouragement to good workes a terror to evill is not to be resisted IV. That all persons within the Magistrat's dominions of whatsoever station quality or employment are to be subject to this Authority give obedience thereto according to the word of God not only in respect of the matter commanded but also with respect to the Authority commanding V. That the Magistrat is Custos ac Vindex utriusque Tabulae the Keeper Avenger of both Tables of the Law And that as in generall he is to command all within his dominons to worship God according to his own Word do that which is just and equall so in particular he is to command see every one performe the duties of their respective functions sta●ions and consequently Ministers also Church-officers to do the duties of their particular places and that under the pain of Civill Censures punishment VI. That the Magistrat's power is nei●her subject nor subordinat to the Ecclesiastick no● to be confounded with it but is specifically disti●ct from it and cöordinat therwith yet the Magistrat as a Christian member of the Church is subject to the Ministery as also the Minister as a member of the Common Wealth is subject to Magistracy that is as our Divines expresse it A Cöordination of Powers and a mutuall Subordination of Persons But VII Though these Powers be Cöordinat yet they are not properly Collaterall or Coequall because they are neither of the same nature extent nor externall eminency neither are they derived formally from the same fountain the one being from God as Creator Governour of the world the other from Jesus Christ as Mediator sole Supreme Head of his Church VIII As there is no action how Civill or secular soever providing it be done by a Church-member but as it relates to Observance toward God it comes under the cognizance of the Eccle●iastick Iurisdiction so there is no cause action or thing so sacred or Ecclesiastick but as it respects the externall peace of humane society belongs to the Civill Jurisdiction the same individuall action then though in diverse respects may fall under the cognizance both of the Ecclesiastick Civill Court as for instance Adultery or the like may be the object of Church-Censures as also of Civill punishment in the one sub ratione Scandali in the other sub ratione Criminis IX That the Magistrate may ought to adde his Civill sanction Confirmation to such Canons Constitutions as are ministerially cleared concluded by Church-Iudicatories Neither is ●e ●o doe this implicitâ fide but may judge of them not only judicio apprehen●ivo discretivo by understanding discerning these Canons in themselves but also discursivo deliberativo by cognoscing if they be agreeable to the Word of God sound Reason● in which case he doth as a learned Divine saith judicare but not Iudicem ager● But of these Canons and Conclusions he hath not power to cognosce determine judicio definitivo decisivo or legislatorio except only in reference to his own Act of ratifying corroborating them by his civill sanction X. This power of the Magistrate as to Church-affaires is Cumulative not privative defensive not destructive Imperative Coactive not Elicitive Objective not formall Corroborative not Abrogative Sancitive not L●gislative not sacra properly or in Sacris but CIRCA SACRA He is a Nursing father to the Chu●ch not a step-father c. XI That the Magistrat's power in ratifying Church-decrees and commanding obedience thereto is not servile though in some respect it may be called subservient viz to Ch●ist the great Law-giver of his Church who declareth his will by his Ministers nor meerly executive as the Churches servant but imperative princely s●preame XII That as when the Magistrate goes beyond his sphaere in judging cognoscing Causes purely spirituall Ecclesiastick he may in so far be declined appealed from to the Ecclesiastick Iudicatory so when Church●Officers exceed the limites of their Iurisdiction by judging determining in Civill affaires they may justly be declined appealled from to the Civill Court and both or any of them in cases of manifest Injury oppression though acting in their own proper sphere may be appealled from unto the righteous great God as the absolute supreme Iudge to whom both are accountable and to him only XIII As it is one thing to decline the Iudge an other to appeall from the sentence so when the Magistrate unjustly determines in any Civill affair his sentence may be appealled from but he cannot for that be declined as a Iudge in these affaires the like may be said of Church-Officers XIV Although we refuse not to yeeld obedience to the Magistrat's Commands except we be convinced in our Conscience of the unlawfulnes of them yet we acknowledge assert that the Word of God alone not the dictates of Conscience is the adaequate infallible Rule both of Obedience Dis-obedience XV. As the Magistrat may command all acts of Divine worship which are according to the Word of God under the pain of Civill punishment so he may inflict civill punishment for disobeying these Commands XVI That there is a great difference betwixt a Royall Command enjoyning obedience to Church-Canons and a nomothetick power to make Church-Canons the Magistrate hath the former not the latter there is a difference also between a formall Rescinding of Church-decrees a Civill command not to give obedience to these decrees the Magistrate hath the latter not the former XVII As extraordinary Evills require extraordinary Helps so the Magi●trat may doe many things in a time of the Churches gathering backsliding or Corruption which he
The Banders disbanded Or AN ACCURAT DISCOURSE Solidly and plainly Demonstrating How Inconvenient scandalous sinfull it is in the present Circumstances of the Church of Scotland For Ministers of Christ there that they may obtain a pretended Liberty to Preach and Administer the Sacraments in such and such particular Paroches To give Bond to their present Rulers That they shall live peaceably Or For others in their name and behalf to Bind to the said Rulers for their peace●ble living to present them when calle● so to do in case of faillzie to underly a great penalty And so Discovering clearly the great unfaithfulness of The Affirmative Vote of the late Meeting of Ministers at Edinburgh Anno 1679. concerning the Lawfullness of giving the Bond then presented by the Councill AS ALSO Occasionally holding forth many considerable Truths very necessary to be known pondered in these dark difficult Times Printed Anno M. DC LXXXI A LETTER Concerning the Bond tendered by the Councill of Scotland to some Presbyterians there in the Year 1679. SIR I Find now too certain what was reported of that Meeting of Ministers at Edinburgh their allowing by Vote the Peoples giving that Bond of surety for the Minister required in the Proclamation and have also got a double of the Bond it self I hear the Meeting had severall communings and tampernigs with the Members of the Councill anent this busniess by some of their number whom they appointed to wait upon them from time to time for that purpose What was the matter of their Communing or to what end I cannot well tell However when at last the Brethren who were appointed returned the meeting after some sort of Conference among themselves upon the present Favour as they terme it granted by his Maj. bearing a liberty for Presbyterian Ministers to exercise their Ministry did generally Conclude and that ere ever they had seen the Bond That they found no Reason why the People might not give security at this time for a Ministers peaceable behaviour And upon an other day afterward it is again Concluded as followeth The meeting having considered the bond o● security as now presented by the Councill find nothing therin to alter their former determination affirmativè I hear there were severall and these of the most eminent who endeavoured to prevent this determination were for the negative when ti ●ame to be voted Sir my charity toward many of these Brethern would scarce suffer me to beleeve That ever they would have tabled such a question to be debated in so publick a Meeting far less affirmatively determined it But finding it now as I said too certain and this being the thing wherin you desire advice I have the more fre●dom to return an answer when I have first told you that the newes of these two Votes was so surprizing that I was made a little to sit down as one astonied at the Report yea my grieved soul is so overprest that I am in a strait whether to say any thing or be altogether silent and what or how to express my self if I say any thing Alas is it come to this in the Church of Scotland That so many wise men and who by Office are seers to the Church did see no reason why such a Bond might not be given to these who now require it and that as a signe of the Churches subjection to that power which they have assumed over it yea at such a juncture when the Cry of the Souls under the Altar who were slain ●or the word of God the Testimony which they held was so much increased by reason of ●heir blood which these had recently shed O! where is now that single eye wherwi●h our former Seers saw of old who found valid convincing Reasons for refusing bonds of far less import to the Cause Churches prejudice O! where is the discerning of some of these same Reverend Brethren who ha●e perceaved snares more covertly hid then now they are when the snare is so openly spread i● the sight of the bird Did so many Brethren conveened in a generall Meeting find no Reason why such a Bond as this ought not to be given Was there no evill nay nor so much as the appearance of evill to be found in i● Was there no ground nor so much as an occasion of offence in it Was there nothing in it that might occasion a new breach and also widen ●ender the former more incurable Was there nothing in it that might be supposed would grieve the hearts of many of their dear Brethren and many others dear to God the grieving of whom ought not to have been despised Could these Brethren suppose that the passing such a Vote would indeed satisfy all the rest of the Non-conform Ministers Church of Scotland or that their determination affirmativè would or ought also determine all the rest Was there nothing to be found in yeelding to give this Bond that might occasion both Ministers and Ministry ●o become yet more vile and contemptible in the eyes of this evill generation Was there nothing in it of a dangerous preparative of wreathing continuing a yoke of bondage upon the necks of Christs free Ambassadours unto the generations to come a bad copy to all other Magistrates to impose the like Bond upon faithfull Ministers of the Gospell Was there nothing to be found therin that might prove a probable yea unavoydable temptation to Ministers their being unfaithfull in delivering the whole of their Masters message declaring all the Counsell of God Was there nothing in it to scarr deterre both Ministers people or so much as to put them in some demurre from giving a Bond upon such an account as the like therof was scarce ever required far less yeelded to by any Church or Church-men to this day Ah alas That ever the Ministers of Scotland should have been the first that ever trode in this strange and unt●oden path Was there no hazard of confirming encouraging the Rulers in all their iniquous Impositions of this nature Yea was ther nothing in it that might at least be interpreted a direct condemning many Worthies both Ministers others as being ignorant sc●uplers preposterously zeallous for undergoing the outmost of sufferings ere they would engage in the like bonds Ah! whither have we not caused o●r shame to go O! if it were possible to prevent or stop the spreading of this Report for preventing what further disgrace is like to be cast upon al● the Ministers of Scotland for whoever hears of this will coun● all alike seeing the thing was both publickly voted by a Meeting of Ministers assuming to themselves the name of a Generall Assembly yea of the Representative of the Church of Scotland As also no publick dissent or Protestation entered against thesame In the mean while I am not a litle refreshed by this that it is not as you I heard at first That few
unto the Church to be conveyed by the Presbytery so by the same Conveyance he gives them the exercise liberty to the exercise of the Ministry for it is frivolous in this case to distinguish between the Exercise Liberty to the exercise at least as to their Rise and Conveyance as some doe and therefore neither the office nor the exercise of the Office nor liberty of the exercise therof dependeth upon and so are not subordinat to nor to be begged from the Civill Magistrat 9 That the Magistrat hath not a power or right to prescribe to or impose upon Ministers who are the Ambassadours only of Christ Instructions Rules Restrictions or limitations to regulate them in the exercise of their Ministry especially when these Impositions proceed only from are founded upon the Magistrats assumed power supremacy in Church-matters have no other ground or reason wherupon they can challenge Ministers their obedience subjection thereto And therefore 10 That Ministers are not accountable to the Civill Magistrate in the exercise of their ministeriall function or in the administration of affaires purely spirituall ecclesiastick formally and primâ instantiâ A II. Generall consideration we may reflect upon is The supervenient Engagements Obligations to God which ly specially upon us of the Church of Scotland by our solemnly sworn Covenants for the maintenance defence of this Presbyterian Government the rest of the work of Reformation in all the principles therof And that we shall without respect of Per●ons endeavour the extirpation of Popery Prelacy c. and whatsoever is contrary to ●ound doctrine the power of Godlines And that we shall assist de●end all these that enter in to this Covenant in the maintaining persuing therof and shall not suffer ourselves directly nor indirectly by what soever Combination perswasion or terror to be divided or withdrawn from this blessed Union but shall all the dayes of our li●e zeallously constantly continue therin against all opposition promote the same according to our power against all letts impediments whatsoever and what we are no able our selves to suppresse or overcome we shall reveall make known that it may be timely prevented or removed c. All which we shall do as in the sight of God Which Covenant hath frequently been renewed in this Church and the breach therof often publickly acknowledged and we solemnly engaged again to the duties therin contained as may be seen particularly in that Paper called A solemne Acknowledgment of sins Engagment to duties wherin we are expressely engaged amongst other Errors against Schisme Scepticisme Erastianisme A III. Generall to be Considered is The manifold Encroachments Invasions Usurpations made by the Civill Magistrat upon the Royall prerogatives of Christ the Intrinsick previledges of his Church the just freedom of his Ambassadours by many iniquous Lawes Acts Edicts especially of late together with all their vigorous endeavours by open force subtile Insinuations to putt these lawes in execution and to advance this designe of bringing the whole Ordinances of Christ Officers of his House in subordination unto under the Check Censure Regulation of the Civill Magistrat and so put themselves in actuall possession of what is assumed and settled by law Many Instances of their endeavours to this effect might here be given especialy these late years by past and of their too successfull prevailling by Church-mens ceding thereto wherof I shall for present only give these following the First relating to the Prelates● as 1 their altering of the Church-Government from what it was by Christ's Institution the practice of the pure primitive times into a Government of Humane Invent●on Lordly domination over the Lords Inheritance contrary to the word of God 2 The Prelats were sett up established the power of Ordination is conveyed unto them from the King as having right by his Royall Office to all the externall Government of the Church 3 The Kings giving them their Pa●ents impowering them to exercise that pretended Church-Office making them accountable in all their Ecclesiastick Administrations to himself as supreme Governour of the Church A Second Instance we have in reference to Presbyterian Ministers as 1 Turning them out of their particular Charges for not taking Presentation from the Patron Collation from the Prelates and for this Cause by Act of Parliament declaring their Churches to be ipso jure vacant 2 Discharging them absolutely to exercise any part of their Ministeriall function within this Church 3 Raising dissipating all their Church-Iudicatories of Presbytries Synods Gen. As●emblies 4 In the matter of the two Late Indulgences to Presbyterian Ministers wher●in we may take notice of severall grievous encroachments upon Christs prerogative his Churches priviledges as 1 this Indulgence is granted and deduced from the Kings supremacy in Church-affaires conveyed by the Councill as is clear from his Maj. Letter to the Councill wherupon the Indulgence is founded and as the Narrative of the Warants given to the first Indulged doe bear in these words In pursuance of his Maj. Commands signified by his Letter of the 7 of Iune 1669 c. 2. The King by his Conncill doth nominat elect according to his soveraign pleasure certain of the outed Ministers as were judged by them most fitted qualified to be appointed or readmitted to the exercise of their Ministry and by that same power pleasure excluding or passing by the rest as unworthy and unqualified for receiving that power or warrant interdicting them any exercise therof under all highest pain 3 By this Indulgence he fixes or admitts them to exercise the function of their Ministry in what particular flock paroch he pleaseth to assign● though under the notion of a Confinement 4 He restricts them in the exercise of their Ministry to these particular Paroches inhibiting them to preach else where in the Church 5 With these Restrictions he gives them also severall Canons or Rules to regulate direct them in exercising their Ministeriall office 6 All this is done without either advice or consent of the Church or any of her Lawfull Officers but at his Maj. sole pleasure as supreme in all Causes 7 The Indulged Ministers have been frequently called conveened before the Councill to give an account How they had observed these Injunctions which they had received from them severely rebuked yea some of them sentenced by being silenced deposed for alleadged disobedience to or non-observance of the same And this is done according to the tenor of the foresaid Letter as in these words To turn them immediatly out in case c. A Third Instance we have in all these severe acts cruell Executions following therupon against many other Ministers for presuming to exercise their Ministry though in a case of so urgent necessity upon so earnest Calls of the People without that licence or warrant which was
cannot do so long as the Church is in a well Constitut Reformed Condition But from this to inferre That he may demolish the establisht order fabrick of a right Constitut Reformed Church on purpose to give a proof of his extraordinary power by reduceing the same into order again Or that he may make use of this extraordinary power when the ordinary appointed means are to be had also in case to effectuate the Cure to inferre this I say were both impious incongruous XVIII That the End of Civill Government is not only to obtain a quiet peaceable Life but also to encourage Godlines hones●y nay that the end of Mininistry is not so much a quie● externally peaceable life● as the end of Magistra●y is godlines honesty● XIX That the supreame Magistrat is the politick Head of the persons who make up the visible Church viz. as they are members of the Common-Wealth but is not their Head as they are members of the visible Church i. e. he is not Head of the visible Church because the Head members are of the same nature but the supreme Magistrat as such the Church as such are of very different natures XX. That what ever Liberty the Magistrat may lawfully grant to the Church the Church may not only lawfully accept therof but may also lawfully supplicate if need so require the magistrat for it Though I dare not say that such a Magistrat as doth usurpe all church-Church-power ought to be supplicat in matters concerning the Church even for that which otherwise may be lawfully granted which he ought to grant at least without ane express protestation against that power which he hath unlawfully assumed nor that any person ought formally to bargain with or bribe any Magistrate with a summe of money for the grant therof far less to condescend to sinfull or scandallous Conditions in order to obtain it XXI Albeit the Magistrat ought to restore to the Church what ever right or Liberty he hath unjustly taken from the Church yet hence it will not follow That because the Magistrate hath injuriously thrust Ministers out from their particular Charges Therefore he ought to restore with restriction a certain number of them to these Charges again My reason is chiefly 1 Because in this case the Magistrate doth not restore the same Liberty which he hath injuriously taken nor to the same number from which he took it 2 Though he may restore to them a part of their former Liberty they may accept of it viz in order to obtain the whole yet he cannot restrict them to a part of it nor ought they to receive it upon such termes 3 The Liberty which before they enjoyed did not consist in being confined to particular paroches which is all that the Magistrate now grants that to a very few but in having free access to preach in these paroches or elsewhere as the good of the whole Church should require XXII It is much betwixt Magistrates Ministers in dispensing of spirituall Church affaires as one doth neatly illustrate as betwixt the Will the Understanding for Quamvis Voluntas imperat Intellectui quoad exercitium actus determinatur tamen per Intellectum quoad ejus specificationem that is Although the Will doth command the Understanding as to the exercise of the act● yet it is determined by the understanding as to the specificall kinde therof And Magistracy may say to Ministery in matters spirituall Eccle●iastick as Moses said to Hobab Numb 10 31. Thou mayest be to us in stead of eyes But as the eye cannot say unto the hand so neither can Ministry say to Magistracy I have no need of thee 1 Cor. 12 21. XXIII As it is a matter of great moment difficulty to fix the just limites land-marks of the Magistrat's power prerogative and of the Subjects Rights priviledges as to the exe●cise of either pro ●ic nunc So it is of no less difficulty import to condescend upon the most proper effectuall meanes hic nunc for keeping both within the limites of their proper orbe or curing the extravagances of either or to give a just impartiall decision when either is invaded by the other XXIV That in some cases many things may be granted by the People even to a tyrannous Magistrate for instance levyes of men money armes c for maintaining him in his civill pompe grandour even though he should alienate the true use end of these things by employing them for further strengthening confirming himself in his tyrannicall or usurped power which cannot with a good Conscience be granted unto him or any Magistrate whatsoever when he hath expressely declared whither at or before the imposing or requiring of these things some pernicious destructive designe either against Religion the Lives or Liberties of his Subjects which designe he resolves would be capacitate by the Granters to effectuate by such a Grant XXV As every escape error or act of unfaithfulnes even known continued in whether in a Ministers entry to the Ministry or in his Doctrine or deportment doth not non-minister him nor give sufficient ground to with-draw from or reject him as a Minister of Christ So neither doth every enormity mis-demeanure or act of Tyranny Injustice perfidy or profanity c. in the Civill Magistrate whither as to his way of entry to that Office or in the execution of it or in his private personall behaviour denominate him a Tyrant or ane Usurper or give sufficient ground to divest him of his Magistraticall power reject him as the lawfull Magistrate XXVI Though such a Minister may lawfully be withdrawn from dis-owned as a Minister of Christ's mission institution who either enters to the Ministry by the window i. e. in a way unwaranted or condemned in the Word of God preacheth erroneous damnable Doctrine is grossely scandalous vitious in his conversation or is utterly insufficient for such a sacred Function Yet the case may be often hes been and whither or no it be ours now is not mine to determine that a People may ought to submit themselves to the Government even of such a Magistrate who either hath injuriously usurped that Office or hath so malevers'd in the exercise therof by violating the main most of the Conditions upon which he was admitted to it that his Government is degenerat into a manifest Tyranny Irreligion and so hes de jure forfaulted his right to rule as a Magistrate I say the case of a People may be so circumstantiate that they ought to subject themselves even to such a Tyrant till the Lord clearly poynt forth to them a way either from his written Word or some extraordinary impulse influence upon their spirits or from indubitable grounds persuasives of sound morall principles or such like whereby they may emerge from under that yock Hereby I doe