to order Ecclesiasticall Affairs and reforme the Church within their Dominions ALl Princes and States invested with Sovereignty of power do justly challenge to themselves the right of Convocating Nationall Synods of their own Subjects and ratifying their constitution And although pious Princes may tollerate or priviledge the Church to convene within their territories annually or triennially for the exercise of Discipline and execution of constitutions already confirmed neverthelesse we see how wary the Synod of Dort was in this particular yet he is a Magistrate of straw that will permit the Church to convene within his territories whensoever wheresoever they list to convocate before them whomsoever they please all the Nobles all the Subjects of the Kingdome to change the whole Ecclesiasticall pollicy of a Commonwealth to alter the Doctrine and Religion established to take away the legall Rights and Priviledges of the Subjects to erect new Tribunals and Courts of Justice to which Sovereigns themselves must submit and all this of their own heads by virtue of a pretended power given them from Heaven contrary to known Laws and lawfull Customs the Supreame Magistrate dissenting and disclaiming Synods ought to be called by the Supreame Magistrate if he be a Christian c. And either by himself or by such as he shall please to choose for that purpose he ought to preside over them This power the Emperours of old did challenge over Generall Councels Christian Monarchs in the blindnesse of Popery over Nationall Synods the Kings of England over their great Councels of old and their Convocation of later times The Estates of the united Provinces in the Synod of Dort this power neither Roman Catholick or Protestant in France dare deny to his King None have been more punctuall in this case then the State of Geneva where it is expresly provided that no Synod or Presbytery shall alter the Ecclesiasticall pollicy or adde any thing to it without the consent of the civil Magistrate Their Elders do not challenge an uncontrolable power as the Commissioners of Christ but are still called the Commissioners of the Signiory The lesser Councel names them with the advise of the Ministery their consent is not necessary The great Councel of 200. doth approve them or reject them At the end of the year they are presented to the Signiory who continue them or discharge them as they see cause At their admission they take an Oath to keep the Eccesiasticall Ordinances of the civil Magistrate The finall determination of doctrinall differences in Religion after conference of and with the Ecclesiasticks is referred to the Magistrate The Proclamations published with the sound of Trumpet registered in the same Book do plainly shew that the ordering of all Ecclesiasticall affairs is assumed by the Signiory But in Scotland all things are quite contrary the civil Magistrate hath no more to do with the placing or displacing of Ecclesiasticall Elders than he hath in the Electoral Colledge about the Election of an Emperour The King hath no more legislative Power in Ecclesiasticall causes than a Cobler that is a single Vote in case he be chosen an Elder otherwise none at all In Scotland Ecclesiasticall persons make repeal alter their Sanctions every day without consent of King or Councel King Iames proclaimed a Parliament to be held at Edenburgh and a little before by his Letter required the Assembly to abstain from making any Innovations in the Policy of the Church and from prejudging the decisions of the States by their conclusions and to suffer all thâ—ngs to contiâ—ue in the condition they were untill the approaching Parliament What did they hereupon They neglected the Kings Letter by their own Authority they determined all things positively questioned the Arch-Bishop of St Andrews upon their own Canons For collating to benefices and Voting in Parliament according to the â—ndoubted Laws of the Land Yea to that degree of sawcinesse they arrived and into that contempt they reduced Sovereigne Power that twenty Presbyters no more at the highest sometimes but thirteen sometimes but seven or eight dared to hold and maintaine a General Assembly as they miscalled it after it was discharged by the King against his Authority an Insolence which never any Parliament durst yet attempt By their own Authority long before there was any Statute made to that purpose they abolished all the Festivals of the Church even those which were observed in memory of the Birth Circumcision Resurrection and Ascension of our Saviour By their own Authority they decreed the abolition of Bishops requiring them to resigne their offices as not having any calling from Gods Word under pain of Excommunication And to desâ—st from Preaching untill they had a new Admission from the Generall Assembly And to compleate their own folly added further that they would dispose of their possessions as the Churches Patrimony in the next Assembly which ridiculous Ordinance was maintained stifly by the succeeding Synods notwithstanding the Statute that it should be Treason to impugn the Authority of the three Estates or to procure the innovation or diminution of â—â—y of them Which was made on purpose to controll their vain presumption Notwithstanding that themselves had formerly approved and as much as in them lay established Superintendents to endure for terme of life with their numbers bounds salaries larger than those of other Ministers indewed with Episcopall power to plant Churches ordaine Ministers assign Stipends preside in Synods direct the censures of the Church without whom there was no Excommunication The world is much mistaken concerning Episcopacy in Scotland for though the King and Parliament were compelled by the clamours and impetuous violence of the Presbyters to annex the temporalities of Bishops to the Crown yet the Function it self was never taken away in Scotland from their first conversion to Christianity untill these unhappy troubles And these very temporalities were restored by the Ad of restitution and their full power was first established Synodically and afterwards confirmed by the three Estates of the Kingdome in Parliament By their own Authority when they saw they could not prevaile with all their iterated indeavours and attempts to have their book of discipline ratified they obtruded it upon the Church themselves ordaining that all those who had born or did then beaâ—â— any office in the Church should subscribe it under pain of Excommunication By their own Authority or rather by the like unwarrantable boldness they adopted themselves to be heirs of the Prelates and and other dignities and orders of the Church suppressed by their tumultuous violence and decreed that all tythes rents lands oblations yea whatsoever had been given in former times a should be given in future times to the service of God was thâ— Patrimony of the Church and ought to be collected and distributed by the Deacons as the Word of God appoints That to convert any of this to their particular or
Kingdom in order to the propagation of Religion See how these hoc as pocases with stripping up their sleeves and professions of plain-dealing with declaiming against the tyranny of Prelates under the pretense of humility and Ministeriall duty have wrested the Scepter out of the hand of Majesty and jugled themselves into as absolute a Papacy as ever was within the walls of Rome O saviour behold thy Vicars and see whither the pride of the servants of thy servants is ascended Now their Consistories are become the Tribunalls of Christ. That were strange indeed I Christ hath bet one Tribunall his Kingdome is not of this world Their determinations passe for the Santence of Christ. Alas there is too much fiction and passion and ignorance in their Presbyteries Their Synodall Acts go for the Lawes of Christ. His Lawes are immutable mortall man may not persume to alter them or to adde to them but these men are chopping and changing their constitutions every day Their Elders must be looked upon as the commissioners of Christ. It is impossible Geneva was the first City where this discipline was hatched though since it hath lighted into hucksters hands In those dayes they magnified the platform of Geneva for the pattern sheâ—ed in the mount But there the Presbyters at their admission take an oath to observe the Ecclesiasticall Ordinances of the small great and generall Councels of thâ—t City Can any man be so stupid as to think that the high Commissioners of Christ swear fealty to the Burgers of Geneva Now forsooth their Discipline is become the Scepter of Christ the Eternall Gospel See how successe exalts mens desires and demands In good time where did this Scepter lye hid for 1500 yeers that we cannot finde the least footsteps of it in the meanest village of Christendom This world drawes towards an end was this discipline fitted and contrived for the world to come Or how should it be the Eternal Gospel When every man sees how different it is from it self in all Presbyterian Churches adapted and accommodated to the civill policy of each particular place where it is admitted except only Scotland where it comes in like a Conqueror and makes the Civill Power stoop and strike top saile to it Certainly if it be the Gospel it is the fifth Gospel for it hath no kindred with the other foure There is not a Text which they wrest against Episcopacy but the Independants may with as much colour of reason and truth urge it against their Presbyteries Where doth the Gospel distinguish between temporary and perpetuall Rulers Between the Government of a person and of a corporation There is not a Text which they produce for their Presbytery but may with much more reason be alledged for Episcopacy and more agreeable to the analogie of faith to the perpeâ—uall practice and belif of the Catholick Church to the concurrent Expositions of all Interpreters and to the other Texts of holy Scripâ—uâ—e for untill this new modell was yesterday devised none of those Texts were ever so understood When the practise ushers in the doctrine it is very suspicious or rather evident that the Scripture was not the rule of their reformation but their subsequent excuse This jure devino is that which makes their sore incurable themselves incorrigible that they father their own brat upon God Almighty and make this Mushrome which sprung but up the other night to be of heavenly dâ—scent It is just like the doctrine of the Popâ—s infallibility which shuâ—s the door against all hope of remedy How should they be brought to reform their errors who belâ—eve they cannot erre or they be brought to renounce their drowsy dreams who take it for granted that they are divine revelations And yet when that wise Prince King Iames a little before the Nationall Assembly at Perth published in print 55 Articles or Questions concerning the uncertainty of this Discipline and the vanity of their pretended plea of divine right and concerning the errours and abuses crept into it for the better preperation of all men to the ensuing Synod that Ministers might study the point beforehand and speak to the purpose they who stood effected to that way were extremely perplexed To give a particular account they knew well it was impossible but their chifest trouble was that their foundation of divine right which they had given out all this while to be a solid rock should come now to be questioned for a shaking quagmire And so without any opposition they yeelded the bucklers Thus it continued untill these unhappy troubles when they started aside again like broken bowes This plant thrives better in the midst of tumults then in the times of peace and tranquillity The Elme which supports it is a factioâ—â— multitude but a prudent and couragious Magistrate nips it iâ— the bud CHAP. IX That this Discipline makes a monster of the Commonwealth WE have seen how pernicious this Discipline as it is maintained in Scotland and endeavoured to be introduced into England by the Covenant is to the supreme Magistrate how it robs him of his Supremacy in Ecclesiasticall affaires and of the last appeals of his own Subjects that it exempts the Presbyters from the power of the Magistrate and subjects the Magistrate to the Presbyters that it restraines his dispensative power of pardoning deprives him of the dependance of his Subjects that it doth challenge and usurp a power paramount both of the word and of the Sword both of Peace and War over all Courts and Estates over all Laws Civill and Ecclesiasticall in order to the advencement of the Kingdom of Christ wherof the Presbyters alone are constiâ—â—ted rulers by God and all this by a pretended divine right which takes away all hope of remedy untill it be hissed out of the world in a word that it is the top-branch of Popery a greater tyranny then ever Rome was guilty of It remains to show how disadvantagious it is also to the Subject First to the Common-wealth in generall which it makes a Monster like an Amphishbaina or a Serpent wiâ—h two heads one at either end It makes a coordination of Soveraignty in the same Society two supermes in the same Kingdom or State the one Civill the other Ecclesiasticall then which nothing can be more pernicious either to the consciences or the estates of Subjects when it falls out as it often doth that from these two heads issue contrary commands If the Trumpet give an uncertain sound who shall prepare himself to the battel Much more when there are two Trumpets and the one sounds an Alarm the other a Retreat What should the poor Souldier do in such a case or the poor Subject in the other case If he obey the Civill Magistrate he is sure to be excommunicated by the Church if he obey the Church he is sure to be imprisoned by the Civill Magistrate What shall become of him I know no remedy but according to Solomons sentence the living
A FAIR VVARNING FOR ENGLAND To take heed of the PRESBYTERIAN GOVERNMENT OF SCOTLAND As being of all others most Injurious to the Civil Magistrate most Oppressive to the Subject most Pernicious to both Also the sinfulnesse and wickednesse of the COVENANT to Introduce that Governement upon the Church of England By Dr Iohn Brumhall Lord Arch-Bishop of Armagh and Primate of all Ireland LUKE 9.35 No man having drank old wine straight-way desireth new for he saith the old is better Now reprinted for the good and benefit of all his Majesties Subjects THE CONTENTS CHAP. I. THe Occasion and Subject of this Treatise pag. 1 CHAP. II. That this new Discipline doth utterly overthrow the Rights of Magistrates to convocate Synods to confirme their Acts to order Ecclesiasticall Affairs and reforme the Church within their Dominions p. 3 CHAP. III. That this Discipline robs the Magistrate of the last appeale of his Subjects p. 12 CHAP. IV. That it exempts the Ministers from due Punishment p. 13 CHAP. V. That it â—â—bjects the Supreme Magistrate to their Censures c. p. 16 CHAP. VI. That it robs the Magistrate of his Dispensative Power p. 17 CHAP. VII That the Disciplinarians cheat the Magistrate of his Civil Power in order to Religion p. 1â— CHAP. VIII That the Disciplinarians challenge this exorbitant Power 〈◊〉 Divine Right p. 24 CHAP. IX That this Discipline makes a monster of the Commonwealth p. 26 CHAP. X. That this Dicipline is most prejudiciall to the Parliamenâ— p. 2â— CHAP. XI That this Discipline is oppressive to particular persons p. 30 CHAP. XII That this Discipline is hurtfull to all orders of men p. 32 CHAP. XIII That the Covenant to introduce this Discipline is void and wicked with a short Conclusion p. 3â— A FAIRE WARNING To take heed of the Presbyterian Government as being of all others most Injurious to the Civil Magistrate most Oppressive to the Subject most Pernicious to both CHAP. I. The Occasion and Subject of this Treatise IF the Disciplinarians in Scotland could rest contented to dote upon their own inventions and magnifie at home that Diana which themselves have canonized I should leave them to the best School-Mistris that is Experience to feel where their shoe wrings them and to purchase Repentance What have I to do with the regulation of forreign Churches to burn mine own fingers with snuffing other mens Candles Let them stand or fall to their own Master It is charity to judge well of others and piety to look well to our selves But to see those very men who plead to vehemently against all kinds of tyranny attempt to obtrude their own dreames not only upon their fellow-Subjects but upon their Sovereigne himself contrary to the dictates of his own conscience contrary to all Laws of God and Man yea to compell forreigne Churches to dance afâ—er their pipe to worship that counterfeit image which they seign to have fallen down from Iupiter and by force of armes to turne their neighbours out of a possession of above 1400 years to make roome for their Trojan horse of Ecclesiasticall Discipline A practice never justified in the world but either by the Turk or by the â—ope This put us upon the defensive part They must not think that other men are so cowed or grown so tame as to stand still blowing of their noses whilst they bridle them and ride them at their pleasure It is time to let the world see that this Discipline which they so much adore is the very quintessence of refined Popery or a greater Tyranny than ever Rome brought forth inconsistent with all forms of civil Governement destructive to all sorts of Policy a raâ—k to the conscience the heaviest pressure that can fall upon a people and so much more dangerous because by the specious pretence of Divine Institution it takes away the sight but not the burden of slavery Have patience Reader and I shall discover unto thee more pride and arrogancy through the holes of a thred-bare coat then was ever found under a Cardinals Cap or a tripple-Crown All this I undertake to demonstrate not by some extraordinary practices justified only by the pretence of invincible necessity a weak patrociny for generall Doctrine not by the single opinions of some Capricious fellows but by their books of Discipline by the acts of their generall and provinciall Assemblies but the concurrent votes and writings of their Commissioners I foresee that they will suggest that through their sides I seek to wound forreigne Churches No there is nothing which I shall convict them of here but I hope will be disavowed though not by all Protestant auctours yet by all the Protestant Churches in the world But I must take leave to demand of our Disciplinarians who it is they brand with the odious name of Erastians in the Acts of their Parliaments and Assemblies and in the Writings of their Commissioners and reckon them with Papists Anabaptists and Independents Is it those Churches who disarme their Presbyteries of the Sword of Excommunication which they are not able to weeld so did Erastus or is it those who attribute a much greater power to the Christian Magistrate in the managery of Ecclesiasticall affairs than themselves So did Erastus and so do all Protestant Churches The Disciplinarians will sooner endure a Bishop or a Superintendent to govern them than the Civill Magistrate And when the Magistrate shall be rightly informed what a dangerous edg'd tool their Discipline is he will ten times sooner admit of a moderate Episcopacy then fall into the hands of such hucksters If it were not for this Disciplinarian humour which will admit so latitude in Religion but makes each nicity a fundamental and every private opinion an Article of faith which prefers particular errours before generall truths I doubt not but all reformed Churches might easily be reconciled Before these unhappy troubles in England all Protestants both Lutherans and Calvinists did give unto the English Church the right hand of fellowship the Disciplinarians themselves though they preferred their own Church as more pure else they were hard-hearted yet they did not they durst not condemne the Church of England either as defective in any necessary point of Christian Piety or redundant in any thing that might virtually or by consequence overthrow the foundation Witnesse that Letter which their Generall Assembly of Superintendents Pastors and Elders sent by Mr Iohn Knox to the English Bishops wherein they stile them Reverend Pastors fellow-Preachers and joynt opposers of the Roman Antichrist They themselves were then far from a party or from making the calling of Bishops to be Antichristian But to leave these velitations and come home to the point I will shew first how this Discipline entrencheth most extreamly upon the right of the civill Magistrate secondly that it is as grievous and intollerable to the Subject CHAP. II. That this new Discipline doth utterly overthrow the Rights of Magistrates to convocate Synods to confirme their Acts
profane use of any persoâ— is detestable Sacriledge before God And elsewhere Gentleâ—â—â— Barons Earls Lords and others must be content to live 〈◊〉 their just rents and suffer the Kirk to be restored to her Liâ—erty What this Liberty is follows in the same place all things given in hospitality all rents pertaining to Priests Chanteries Colledges Chappetries Frieries of all orders the Sisters of the Seens all which ought to be retained still in the use of the Kirâ— Give them but leave to take their breath and expect the rest Tâ—â— whole revenâ—es of the temporalities of Bishops Deans and Anâ—Deans Lands and all rents pertaining to Cathedrall Kirks Then supposing an Objection that the Possessours had Leases and Estates they answer That those who made them were thieves and murtherers and had no power to alienate the common Good of the Kirk They desire that all such Estates may be anulled and avoided that all Collectours appointed by the King or others may be discharged from intermedling therewith and the Deacons permitted to collect the same yea to that height of madnesse were thâ—y come as to define and determine in their Assembly judge whether it be not a modest constitution for a Synod That the next Parliament the Church should be fully restored to its Patrimony and that nothing should be pâ—st in Parliament untill that was first considered and approved Let all Estates take notice of these pretensions and designs If their project have not yet taken effâ—ct it is only because they wanted sufficient strength hitherto to accomplish it Lastly by their own Authority under the specious title of Iesus Christ King of Kings and Lord of Lords the only Monarch of his Church and under pretence of his Prerogative Royall they erected their own Courts and Presbyteries in the most parts of Scotland long before thâ—y were legally approved or received as appeareth by their own Act alledging that many suites had been made to the Magistrate for approbation of the Policy of the Kirk which had not taken that happy effect which good men would crave And by another Act acknowledging that Presbyteries were then established Synodically in most parts of the Kingdome And lastly by the Act of another Generall Assemâ—ly at Edenburg ordaining that the Discipline contained in the Acts of the Generall Assembly should be kept as well in Agnus and Mernis as in the rest of the Kingdome You see sufficiently in point of practice how the Disciplinarians have trampled upon the Laws and justled the civill Magistrate out of his Supremacy in Ecclesiasticall Affaires My next â—ask shall be to shew that this proceeds not from Inanimadvertence or Passion but from their Doctrine and Principles First They teach that no persons Magistrates nor others have power to Vote in their Synods but only Ecclesiasticall Secondly They teach that Ecclesiasticall persoâ—s have â—he sole power of convening and convocating such Assembles All Ecclesiasticall Assemblies have power to convene lawfully together for treating of things concerning the Kirk They have power to appoint times and places Again Nationall Assemblies of thiâ— Countrey ought alwayes to be retained in their own Liberties with power to the Kirk to appoint times and places Thus they make it a Liberty that is a Priviledge of the Church a part of its Patrimony not only to convene but to convocate whomsoever whensoever wheresoever Thirdly For point of Power they teach that Synods have the judgement of true and false Religion of Doctrine Heresies c. the election admission suspension deprivation of Ministers thâ— determination of all things that pertain to the Discipline of the Church The judgement of Ecclesiasticall matters causes benâ—ficiary matrimoniall and others Iurisdiction to proceed to excommunication against those that rob the Church of its Patrimony They have legislative Power to make rules and constitutions for keeping good order in the Kirk They have power to abrâ—gate and abolish all Statutes and Ordinances concerning Ecclesiasticall matters that are found noisome and unprofitable and agree not with the time or are abused by the people And all this without any Reclamation or Apellation to any Iudge Civill 〈◊〉 Ecclesiasticall Fourthly They teach that they have these priviledges not from the Magistrate or People or particular Laws of any other Countrey The Magistrate can not execute the censures of the Church nor prescribe any rule how it should be done but Ecclesiasticall power floweth immediately from God and from the Mediatour Iesus Christ. And yet further The Church cannot be governed by others than those Ministers and Stewards set over it by Christ nor otherwise than by his Laws And therefore there is no power on earth that can challenge to it self a Command or Dominiâ—â— upon the Church And again It is prohibited by the Law of God and of Christ for the Christian Magistrate to invade the Government of the Church and consequently to challenge to himself the right of both Swords spirituall and temporall And if any Magistrate do arrogate so much to himself the Church shall have cause to complain and exclaime that the Pope is changed but the Papacy remains So if Kings and Magistrates stand in their way they are Political Popes as well as Bishops are Ecclesiasticall Whatsoever these men do is in the Name of our Lord Iesus and by Authority delegated from him alone Lastly They teach that they have all this Power not only without the Magistrate but against the Magistrate that is although he dissent and send out his prohibitions to the contrary Parliamentary ratifications can no way alter Church Canons concerning the Worship of God For Eccclesiasticall Discipline ought to be exercised whether it be ratified by the civill-Magistrate or not The want of a civill Sanction to the Church is but like Lucrum cessans non damnum emergens As it addes nothing to it so it takes nothing away from it If there be any clashing of Jurisdictions or defect in this kind they lay the fault at the Magistrates doore It is a great sinne or wickednesse for the Magistrate to hinder the exercise or execution of Ecclesiasticall Discipline Now we have seen the pernicious practices of their Synods with the Doctrines from which they flow it remains to dispel umbrages wherewith they seek to hide the ugliness of their proceedings and principles from the eyes of the world We say they do give the Christian Magistrate a politicall Power to convocate Synods to preside in Synods to ratifie the Acts of Synods to reform the Church We make him the keeper of both Tables Take nothing and hold it fast here are good words but they signifie nothing Trust me whatsoever the Disciplinarians do give to the Magistrate it is alwayes with a saving of their own stakes not giving for his advantage but their own For they teach that this power of the Christian Magistrate is not private and destructive to the power of the Church but
robs the Magistrate of the last appeale of â—iâ— Subjects THe second flows from this The last appeal ought to be the Supreame Magistrate or Magistrates within his or their Dominions as to the highest Power under God And where it is not so ordered the Common-wealth can injoy no tranquility â—s we shall see in the second part of this discourse By the Laws of England if any man find himself grieved with the sentence oâ— consistoriall proceedings of a Bishop or of his Officers he may appeal from the highest judicatory of the Church to the King iâ— Chancery who useth in that case to grant Commissions under the great Seal to Delegates expert in the Laws of the Realme whâ— have power to give him remedy and to see Justice done In Scotland this would be taken in great scorn as an high indignity upon the Commissioners of Christ to appeal from his Tribunal to the judgement of a mortal man In the year 1582. King Iames by his Letter by his Messenger the Master of Requests and by an Herald at Arms prohibited the Assembly at Saint Andrews to proceed in the case of one Mongomery and Mongomery himsâ—lf appealed to Caesar or to King and Councel What did our new Matters upon this They sleighted the Kings Letter his Messenger his Herald rejectâ—d the Appeal as made to an incompetent Judge and proceeded most violently in the cause About four years after this another Synod held at Saint Andrews proceeded in like manner against the Bishop of that Seâ— for Voting in Parliament according to his conscience and for being suspected to have penned a Declaration published by the King and Parliament at the end of the Statutes notwithstanding that he declined their judicature and appealed to the King and Parliament When did any Bishops dare to doe such acts There need no more instances their Book of Discipline it sâ—lf being so full in the case From the Kirk there is no reclamation or appellation to any Judge Civil or Ecclesiastical within the Realm CHAP. IV. That it exempts the Ministers from due Punishment THirdly If Ecclesiastick Persons in their Pulpits or Assemblies shall leave their Text and proper work to turn Incendiaries Trumpeters of sedition stirring up the people to tumults and disloyal attempts in all well-ordered Kingdoms and Commonwealths they are punishable by the Civil Magistrate whose proper office it is to take cognizance of Treason and Sedition It was well said by a King of France to some such seditious Sheba's That if they would not let him alone in their Pulpits he would send them to preach in another climate In the Vnited Provinces there want not examples of seditious Oratours who for controlling their Magistrates too sawcily in the Pulpit have been turned both out of their Churches and Cities without any fear of wresting Christs Scepter out of his hand In Geneva it self the correction of Ecclesiastical persons qua tales is expresly reserved to the Signiory So much our Disciplinarians have ouâ—-done their pattern as the passionate writings of heady men out-do the calmer decrees of a stayed Senate But the Ministers of Scotland have exempted themselves in this case from all secular judgement as King Iames who knew them best of any man living witnesseth They said He was an incompetent Iudge in such cases and that matters of the Pulpit ought to be exempted from the judgement and correction of Princes They themselves speak plain enough It is an absurd thing that sundry of them Commissaries having no function of the Kirk should be Iudges to Ministers and depose them from their rooms The reason holds as well against Magistrates as Commissaries To passe by the sawcy and seditious expressions of Mr Dury Mr Mellvill Mr Bâ—lcanquâ—ll and their impunity Mr Iames Gibson in his Sermon taxed the King for a Persecutor and threatned him with a curse that he should die childless and be the last of his race for which being convented before the Assembly and not appearing he was onely suspended during the pleasure of his brethren he should have been suspended indeed that is hanged But at another Assembly in August following upon his allâ—gation that his not appearing was out of his tender care of the Rights of the Church he was purged from his contumacy without once so much as acquainting his Majesty The case is famous of Mr David Blake Minister of St Andrews who had said in his Sermon That the King had discovered the treachery of his heart in admitting the Popish Lords into the Countrey That all Kings were the Devils barns that the Devil was in the Court and in the guiders of it And in his prayer for the Queen he used these words We must pray for her for fashion sake but we have no cause she will never do us any good He said that the Queen of England Queen Elizabeth was an Atheist that the Lords of the Session were miscreants and bribers that the Nobility were degenerated godless dissemblers and enemies to the Church that the Councel were holly glasses Cormorants and men of no Religion I appeal to all the Estates in Europe what punishment could be severe enough for such audacious virulence The English Ambassadour complains of it Blake is cited before the Councel The Commissioners of the Church plead That it will be ill taken to bring Ministers in question upon such trifling delations as inconsistent with the liberties of the Church They conclude that a Declinatour should be used and a Protestation made against those proceedings saying It was Gods cause wherein they ought to stand to all hazâ—rds Accordingly a Declinatour was framed and presented Blake desires to be remitted to the Presbytery as his Ordinary The Commissioners send the Copie of the Declinatour to all the Presbyteries requiring them for the greater corroboration of their doings to subscribe the same and to commend the cause in hand in their private and publick prayers to God using their best credit with their flocks for the maintenance thereof The King justly incensed herewith dischargeth the Commissioners Notwithstanding this Injunction they stay still and send Delegates to the King to represent the inconveniences that might ensue The King more desirous to decline their envy than they his judgement offers peace The Commissioners refuse it and present an insoâ—ent Petition which the King rejects deservedly and the cause was heard thâ— very day that the Princes Elizabeth now Queen of Bohemia wâ—s Christened The witnesses were produced Mr Robert Ponte in the name of the Church makes a Pretestation Blake presents a second Dâ—clinatour The Councel decree that the cause being treasonable is cognoscible before them The good King still seeks peace sends Messengers treats offers to remit but it is labour in vain The Ministers answer peremptorily by Mr Robert Bruce their Prolocutor That the liberty of Christs Kingdom had received such a wound by this usurpation of the Rights of the Church that if the lives of Mr Blake
Parliament at Edenburgh the 24 of August 1560 without either Commission or Proxie from their Sovereign touching Religion c. should have the force of a publick Law And that the said Parliament so far as concerned Religion should be maintained by them c. and be ratified by the first Parialment that should happen to be kept within the Realm See how boâ—d they make with Kings and Parliaments in order to Religion I cannot omit that famous summons which this Assembly sent out not onely to entreat but to admonish â—ll persons truly professing the Lord Jesus within the Realm as well Noble-men as Barons and those of other estates to meet and give their personal appearance at Edenburgh the 20 of Iuly ensuiâ—g for giving their advice and concurrence in matters then to be proponed especially for purging the Realm of Popery establishing the policy of the Church and restoring the patrimony thereof to the just possessours Assuring such as did absent themselves that they should be esteemed dissimulate professours unworthy of the feâ—lowship of Christs flock who thinks your Scotish Disciplinarians know not how to ruffle it Upon this ground they assume a power to abrogate and invalidate Laws and Acts of Parliament if they seem disadvantagious to the Church Church Assemblies have power to abrogate and abolish all statutes and ordinances concerning Ecclesiastical matters that are found noysom and unprofitable and agree not with the times or are abused by the pâ—ople So the Acts of Parliament 1584 at the very same time that they were proclamed were protesied against at the market crosse of Edenburgh by the Ministers in the name of the â—irk of Scotland And a liâ—tle before whatsoever be the Treason oâ— iâ— pugniâ—g the authority of Parliament it can be no Treason to obey God rather than man Neither did the General assembly of Glasgow 1638 c. commit any treason when they impugned Episâ—opacy and Perth-Arâ—icles although ratified by Acts of Parliament and standing laws then unrepealed He saith so far true than we ought rather to obey God than man that is to suffer when we cannot act but to impugn the authority of a lawfull Magistrate is neither to obey God nor man God commands us to die innocent rather than live nocent they teach us rather to live nocent than die innocent Away with these seeds of sedition these rebllious principles Our Master Christ hath left us no such warrant and the unsound practise of an obscure Conventicle is no safe patern The King was surprized at Ruthen by a company of Lords and other conspirators this fact was as plain Treason as could be imagined and so it was declared I say declared not made in Parliament Yet an Assembly Generall no man gain saying did justify that Treason in order to Religion as good and acceptable service to God their Soveraign and native Countrey requiring the Ministers in all their Churches to commend it to the people and exhort all men to concurre with the actors as they tendred the glory of God the full deliverance of the Church and perfect reformation of the Commonwealth threatning all those who subscribed not to their judgement with Excommunication We see this is not the first time that Disciplinarian Spectacles have made abominable Treason to seem Religion if it serve for the advancement of the good Cause And if were well if they could rest here or their zeale to advance their Ecclesiasticall Soveraignty by force of Armes and effusion of Christian blood would confine it self within the limits oâ— Scotland No those bounds are too narrow for their pragmaticall spirits And for busâ—e Bishops in other mens Diocesses see the Articles of Sterling That the securing and setling Religion at home and promoting the work of Reformation abroad in England and Ireland be referred to the determination of the General Assembly of the Kirk or their Commissioners What is old Edenburgh turned new Rome and the old Presbyters young Cardinals and their Consistory a Conclave and their Committees a Juncto for propagating the faith Themselves stand most in need of Reformation If there be a mote in the eye of our Church there is a beam in theirs Neither want we at home God be praised those who are a thousand times fitter for learning for piety for discretion to be reformers then a few giddy innovators This I am sure since they undertook our cure against our wills they have made many fat Church-yards in England Nothing is more civill or essentiall to the Crowne then the Militia or power of raising Armes Yet we have seen in the attempt at Ruthen in their Letter to the Lord Hamilton in their Sermons what is their opinion They insinuate as much in their Theorems It is lawfull to resist the Magistrate by certain extraordinary wayes or meanes not to be ordinarily allowed It were no difficult task out of their private Authors to justifie the barbarous acts that have been committed in England But I shall hold my selfe to their publike actions and records A mutinous company of Citizens forced the gates of Halyrood-house to search for a Priest and plunder at their plrasure M. Knox was charged by the Councell to have bin the author of the sedition and further to have convocated his Mâ—jesties Subjects by Letters missivâ— when he pleased He answered that he was no preacheâ— of Rebellion but taught people to obey their Princes in the Lord I seâ—â— he tâ—ught them likewise that he and they were the competâ—nt judges what is obedience in the Lord. He confessed his convocating of the Subjects by vertue of a command form the Church to advertise the brethren when he saw a â—ecessity of their meeting especially if he perceived Religion to be in peril Take another instance The Assembly having received an answer from the King about the tryall of the Popish Lords not to their contentment resolve all to convéne in Armes at the place appointed for the tryall whereupon some were left at Edinburgh to give timely advertisement to the rest The King at his return gets notice of it calls the Ministers before him shewes them what an undutifull part it was in them to levy Forces and draw his Subjects into Armes without his warrant The Ministers pleaded That it was the cause of God in defence whereof they could not be deficient This is the Presbyterian wont to subject all causes and persons to their Consistories to ratifie and abolish civill Lawes to confirm and pull down Parliaments to levy Forces to invade other Kingdoms to do any thing respectively to the advancement of the good cause and in order to Religion CHAP. VIII That the Disciplinarians challenge this exorbitant Power by Divine Right BEhold both Swords spirituall and temporall in the hands of the Presbytery the one ordinarily by common right the other extraordinarily the one belonging directly to the Church the other indirectly the one of the Kingdom of Christ the other for his
same also by consequence and moreover deprive us of the prayers of the Church and the comfortable use of the blessed Sacrament Thou canst deliver us to a Pursevant or commit us to the Black Rod they can deliver us over to Sathan and commit us to the prince of darknesse Thirdly for priviledges the priviledges of Parliament extend not to treason felony or breach of peace but they may talke treasoâ— and act treason in their pulpits and Synods without controlment They may securely commit not onely petilarâ—iny but Burglary and force the dores of the pallace Royall They may not onely break the peace but convocate the Subjects in armes yea give warrant to a particular person to conveen them by his letters missives according to his discretion in order to religion Of all which we have seen instances in this discourse The priviledges of Parliaments are the Graces and Concessions of man and may be taken away by humane Authority but the priviledges of Synods they say are from God and cannot without Sacriledge be taken away by mortall man The two Houses of Parliament cannot name Commissioners to sit in the intervalls and take care ne quid detrimenti capi at resâ— publica that the Common-wealth receive no prejudice But Synods have power to name vicars Generall or Commissioners to sit in the intervalls of Synods and take order that neither King nor Parliament nor people do incroach upon the Liberties of the Church If there be any thing to do they are like the fox in Aesops fables sure to be in at one end of it CHAP. XI That this Discipline is oppressive to particular persons TOwards particular persons this Discipline is too full of rigour like Dracos lawes that were written in blood First in lesser faults inflicting Church censures upon slight grounds As for an uncomely gesture for a vain word for suspition of covetousnesse or pride for superfluity in raiment either for cost or fashon for keeping a table above a mans calling or means for dancing at a wedding or of servants in the streets for wearing a mans hair ala mode for not paying of debts for using the least recreation upon the Sabbath though void of scandall and consistent with the duties of the day I wish they were acquainted with the practise of all other Protestant Countries But if they did but see one of those kirmessâ—s which are observed in some places the pulpit the consistory the whole Kingdom would not be able to hold them What digâ—adiations have there been among some of their sect about starch and cuffes c. just like those grave debates which were sometimes among the Franciscans about the colour and fashion of their gowns They do not allow men a latitude of discreâ—ion in any thing All men even their Superiours must be their slaves or pupils It is true they begin their censures with admonition and if a man will confesse himself a delinquent be sorry for giving the Presbyters any offence and conform himself in his hair apparrell diet every thing to what these rough hewen Cato's shall prescribe he may escape the stool of repentance otherwise they will proceed against him for contumacy to Excommunication Secondly this discipline is oppressive in greater faults The same man is punished twice for the same crime first by the Magistrate according to the lawes of God and the land for the offence then by the censures of the Church for the scandall To this agrees their Synod Nothing forbids the same fault in the same man to be punished one way by the politicall power another way by the Ecclesiasticall by that under the formallity of a crime with Corporall or pecuâ—iary punishment by this under the formallity of scandall with spirituall censures And their book of discipline If the civill sword foolishly spare the life of the offender yet may not the Kirk be negligent in their office Thus their Liturgy in expresse termes All crimes which by the law of God deserve death deserve also excommunication Yea though an offender abide an assise and be absolved by the same yet may the Church injoyn him publick satisfactiâ—â— Or if the Magistrate shall not think fit in his judgement or cannot in conscience prosecute the party upon the Churches intimation the Church may admonish the Magistrate publickly And if to remedy be found excommunicate the offender first for his crime and then for being suspected to have corrupted the judge Observe first that by hook or crook they will bring all crimes whatever great and small within their Jurisdiction Secondly observe that a delinquents triall for his life is no sufficient satisfaction to these third Cato's Lastly observe that to satisfie their own humor they care not how they blemish publickly the reputation of the Magistrate upon frivolous conjectures Thirdly adde to this which hath been said the severity and extreame rigour of their Excommunication after which sentence no person his wife and family onely excepted may have any kinde of conversation with him that is excommunicated they may not eate with him nor drink with him nor buy with him nor sell with him they may not salute him nor speak to him except it be by the license of the Presbytery His children begotteâ— and born after that sentence and before his reconciliation to the Church may not be amitted to baptisme untill they be of age to require it or the mother or some speciall frind being a member of the Church present the childe obhorring and damning the iniquity and obstinate contempt of the Father Adde further that upon this sentence letters of horning as they use to call them in Scotland do follow of course that is an outlawing of the praty a confiscation of his goods a putting him out of the Kings protection so as any man may kilâ— him and be unpunished yea the party excommunicate is not so much as cited to hear thâ—se fatall Letters granted Had not David reason to pray Let me fall into the hands of the Lord not into the hands of men for their mercies are cruell Cruill indeed that when a man is prosecuted for his life prehaps justly prehaps unjustly so as appearing and hanging are to him in effect the same thing yet if he appear not this pitifull Church will Excommunicate him for contumacy Whether the offender be convict in judgement or be fugitive from the Law the Church ought to proceed to the sentence of Excommunication as if the just and evident fear of death did not purge away contumacy CHAP. XII That this Discipline is hurtfull to all orders of men LAstly this Discipline is burthensome and disanvantagious to all orders of men The Nobility and Gentry must expect to follow the fortune of their Prince Vpon the abatement of Monarchy in Rome remember what dismall controversies did presently spring up between the Patricii and Plebei They shall be subjected to the censures of a raw heady novice and a few ignorant Artificers
Covenant issued out by the Kings Authority this Covenant without his Authority against his Authority that Covenant was for the Lawes of the Realm this is against the Lawes of the Realm that was to maintain the Religion established this to overthrow the Religion established But because I will not ground my Discourse upon any thing that is disputable either in matter of Right or Fact And in truth because I have no need of them I forgive them these advantages onely with this gentle memento That when other forraign Churches and the Church of Soctland it selfe as appeares by their publike Liturgy used in those dayes did sue for aid and assistance from the Crown and Kingdom of England they did not go about to obtrude their owne Discipline upon them but left them free to choose for themselves The grounds which follow are demonstrative First no man can dispose that by vow or otherwise either to God or man which is the right of a third person without his consent Neither can the inferiour oblige himself to the prejudice of his Superiour contrary to his duty without his Superiours allowance God accepts no such pretences to seem obsequious to him out of the undoubted right of another person Now the power of Armes and the defence of the Lawes and portection of the Subjects by those Armes is by the Law of England clearly invested in the Crowne And where the King is bound in conscience to protect the Subject is bound in conscience to assist Therefore every English Subject owes his Armes and his Obedience to his King and cannot dispose them as a free gift of his owne nor by any act of his whatsoever diminish his Soveraignes right over him but in those things wherein by Law he owes subjection to his Prince he remaineth still obliged notwithstanding any Vow or Covenant to the contrary especially when the subject and scope of the Covenant is against the konwn Lawes of the Realm So as without all manner of doubt no Divine or Learned Casuist in the world dissenting This Covenant is either void in it self or at least voided by his Majesties Proclamation prohibiting the taking of it and nullifying its obligation Secondly It is confessed by all men that that an Oath ought not to be the bound of iniquity nor doth oblige a transgressour The golden rule is in malis prâ—missis rescinde fidem in turpi voto muta decretum To observe a wicked engagement doubles the sinne Nothing can be the matter of a Vow or Covenant which is evidently unlawfull But it is evidently unlawfull for a Subject or Subjects to alter the Lawes established by force without the concurrence and against the commands of the Supreme Legislator for the introduction of a forraign Discipline This is the very matter and subject of the Covenant Subjects vow to God and swear one to another to change the Lawes of the Realm to abolish the Discipline of the Church and the Liturgy lawfully established by the Sword which was never committed to their hands by God or man without the King against the King which no man can deny in earnest to be plain rebelâ—ion And it is yet the worse that it is to the main prejudice of a third order of the Kingdom the taking away whose rights without their consents without making them satisfaction cannot be justified in point of conscience Yea though it were for the greater convenience of the Kingdom as is most falsely pretended And is harder measure than the Abbots and Friers received from Hanry the eight or than either Christians or Turkes do offer to their conquered enemies Lastly a supervenient oath or covenant either with God or man cannot take away the obligation of a just oath precedent But such is the Covenant a subsequent oath inconsistent with and destuructive to a precedent oath that is the oath of Supremacy which all the Church-men throughout the Kingdome all the Parliament men at their admission to the house all persons of quality throughout England have taken The former oath acknowledgeth the King to be the onely supreame head that is civill head to see that every man do his duty in his calling and Governour of the Church of England The second aoth or covenant to set up the Presbyterian Gouernment as it is in Scotland denieth all this virtually maks it a politicall papacy acknowledgeth no governors but onely the Presbyters The former oath gives the King the supream power over all persons in all causes The second oath gives him a power over all persons as they are subjects but none at all in Ecclesiasticall causes This they make to be sacriledge By all which it is most apparent that this Covenant was neither free nor deliberate nor valide nor lawfull nor consistent with our former oathes but inforced deceitfull invalid impious rebellious and contradictory to our former ingagements and consequently obligeth no man to performance but all men to repentance For the greater certainty whereof I appeale upon this stating of the case to all the learned Casuists and Divines in Europe touching the point of common right And that this is the true state of the case I appeal to our adversaries themselves No man that hath any spark of ingenuity will denie it No English-man who hath any tolerable degree of judgement or knowledge in the laws of his countrey can denie it but at the same instant his conscience must give him the lie They who plead for this rebellion dare not put it to a triall at law they doe not ground their defence upon the lawes but either upon their own groundlesse jealosie and fears of the Kings intention to introduce Popery to subvert the lawes and to enslaâ—e the people This is to run into a certain crime for fear of an uncertain They who intend to pick quarrels know how to feign suspicions Or they ground it upon the succâ—sse of their arms or upon the Soveraigne right of the people over all lawes and Magistrates whose Representatives they create themselves whilest the poor people sigh in corners and dare not say their soul is their own lamenting their former folly to have contributed so much to their own undoing Or lastly upon Religion the cause of God the worst plea of all the rest to make God accessary to their treasons murthers covetousnesse ambition Christ did never authorise Subjects to plant Christian Religion much lesse their own fancticall dreames or fantasticall devises in the blood of their Soveraigne and fellow subjects Speak out is it lawfull for Subjects to take up arms against their Prince meerly for Religion or is it not lawfull If ye say it is not lawfull ye condemn your selves for your Covenant testifieth to the world that ye have taken up armes meerly to alter Religion and that ye bear no Allegiance to your King but onely in order to Religion that is in plain terms to to your own humours and conceits If ye say it is lawfull ye justifie the Independents in England for
cumulative and onely auxiliary or assisting Besides the power which they call abusively authoritative but is indeed ministeriall of executing their decrees and contributing to their settlement they ascribe to the Magistrate concerning the Acts of Synods that which every private man hath a judgement of â—iscretion but they retain to themselves the judgement of Iurisdiction And if he judge not as they would have him but suspend out of conscience thâ— influence of his politicall power where they would have him exercise it they will either teach him another point of Popery that is an implicite faith or he may perchance â—eel the weight of their Church-censures and find quickly what manner of men they be as our late Gratious King Charles and before him his Father his Grandmother and his great Grandmother did all to their cost Then in plain English what is this politicall Power to call Synods to preside in Synods and to ratifie Synods which these good men give to the Magistrate and magnifie so much I shall tell the truth It is a duty which the Magistrate ows to the Kirk when they think necessary to have a Synod convocated to strengthen their summons by a civill Sanction to secure them in coming to the Synod and returning from the Synod to provide them good accommodation to protect them from dangers to defend their Rights and Priviledges To compel obstinate persons by civill Laws and punishments to submit to their censures and decrees What gets the Magistrate by all this to himself He may put it all in his eye and see never a whit the worse For they declare expresly that neither all the power nor any part of the power which Synods have to deliberate of or to define Ecclesiasticall things though it be in relation to their own Subjects doth flow from the Magistrate but because in those things which belong to the outward man mark the reason the Church stands in need of the help of the Magistrate Fair fall aâ— ingenuous confession they attribute nothing to the Magistrate but only what may render him able to serve their own turns and supply their needs I wish these men would think a little more of the distinction between habituall and actuall Jurisdiction After a School-master hath his License to teach yet his actuall Jurisdiction doth proceed from the Parents of his Scholars And though he enjoy a kind of Supremacy among them he must not think that this extinguisheth either his own filiall duty oâ— theirs Like this power of presiding politically in Synods is the other power which they give him of reforming the Church that is when the State of the Church is corrupted but not when it is pure as they take it for granted that it is when the Jurisdiction is in their own hands Although godly Kings and Princes sometiâ—â— by their own Authority when the Kirk is corrupted and all things out of order place Ministers and restore the true service of the Lord after the example of some godly Kings of Iudâ—â— and divers godly Emperours and Kings also in the light of the New Testament yet where the Ministry of the Kirk is once lawfully constituted and they that are placed do their office faithfully all godly Princes and Magistrates ought to hear and obey their voice and reverence the Majesty of the Son of God speaking in them Leave this jugling who shall judge when the Church is corrupted the Magistrates or Church-men if the Magistrates why not over you as well as others If the Church-men why not others as well as you here is nothing to be answered but to beg the question that they only are the true Church Hear another witnesse in evill and troublesome times and in a lapsed state of affairs when the order instituted by God in the Church is degenerated to Tyranny to the trampling upon the true Religion and oppressing the professors of it when nothing is sound the godly Magistrate may do some things which ordinarily are not lawfull c. But ordinarily and of common right in Churches already constituted if a man flye to the Magistrate complaining that he is injured by the abuse of Ecclesiasticall Discipline or if the Sentence of the Presbyteries displease the Magistrate either in point of Discipline or of Faith he must not therefore draw such causes to a civill tribunall nor introduce a Politicall Papacy And as the Magistrate hath power in extraordinary causes when the Church is wholly corrupted to reforme Ecclesiasticall abuses so if the Magistrate shall Tyrannize over the Church it is lawfull to oppose him by certain wayes and meanes extraordinarily how ever ordinarily not to be allowed This is plain dealing the Magistrate cannot lawfully reforme them but in cases extraordinary and in cases extraordinary they may lawfully reforme the Magistrate â—y meanes not to be ordinâ—rily allowed that is by force of armes See the principles from whence all our miseries and the losse of our gratious Master hath flowed and learn to detest them They give the Magistrate the custody of both Tables so they do give the same to themselves they keep the second Table by admonishing him he keeps the first Table by assisting them they reforme the abuses of the first Table by ordinary right of the sâ—cond Table extraordinariâ—y He reforms the abuses against the second Table by ordinary right and the abuses against the first Table extraordinarily But can the Magistrate according to their learning call the Syâ—od to an account for any thing they do can he remedy the ertoâ—rs of a Synod either in Doctrine or Discipline No if Magistrates had power to change or diminish or restraine the Rights of the Church the Condition of the Church should be worse and their Liberties less under a Christian Magistrate than undâ—r an Heathen For say they Parliaments and supreame Senates are no more infallible thâ—n Synods and in matters of Faith and Discipline more apt to â—rre And again the Magistrate is â—ot judge of Spirituall causâ—s coâ—troverted in the Church And if he decree any thing in such businesses according to the wisdom of the flesh and not according to the rule of Gods Word and the wisdome which is from above he must give an account of iâ— unto God Or may the Supreame Magistrate oppose the execution of their discipline practised in their Presbyteries or Synods by Laws oâ— prohibitions No it is wickednesse If he do so farre abuse his Authority good Christians must rather suffer extremities thâ—â— obey him Then what remedy hath the Magistrate if he find himself griâ—ved in this case He may desire and procure a review in another Nationall Synod that the matter may be lawfully determined by Ecclesiasticall judgement Yet upon this condition the notwithstanding the future review the first sentence of the Synod be executed without delay This is one main branch of Popery and agrosse incrochment upon the right of the Magistrate CHAP. III. That this Discipline