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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A11761 Reasons for a Generall Assemblie 1638 (1638) STC 22054; ESTC S116984 4,830 12

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the necessitie of generall Assemblies Objections answered THE name of the Kirk belonges to the prelates and the meeting of Our prelats for matters of religion is the representative Kirk of this kingdome The prelats cannot bee our representative Kirke 1. Because they are not office-bearers of this Kirke which since the time that the office of bishops was abolished hath never to this day acknowledged any such office as is now exerced by them 2. Although the office of our prelats had beene receaved by this Kirk yet can they not be esteemed the Kirk representative since both in the Apostolick councell Acts 15. and in many other councels afterward Presbyters had their voces and the spirits of the Prophets must be subject to all such as by gifts and calling are prophets 3. Because they have no more warrand by the lawes of the countrey and Acts of the Kirk to represent the Kirk then some few citizens turning robbers have to represent the corporation of the city or some small fiction rysing in a kingdome against the fundamentall lawes to represent the whole kingdome or an impostume growing on the bodie and making it diseased and monstrous to represent the bodie 4. It is manifest by the acts of Parliament and Assemblies that this kirk and kingdome never acknowledged any other kirk representative since the reformation but the generall Assemblie orderly constitute of Commissionars chosen and delegate for that effect 2. The Service book and new Canons represent to all men what conclusions wee may looke for from the prelates if they were acknowledged to bee the kirk representative And Wee may safely say of them if they were the kirk representative what is by all our Divines affirmed of the Romane representative kirk made up of the members of the Romane hierarchie that it cannot be the true kirk Where the Christian kirk liveth under an unchristian Magistrate Assemblies of the Kirk must be keeped according to the custome of the Kirk for many yeares without the consent of the Magistrate But where the Kirke liveth under a Christian Magistrate so that the kirke and Commonwealth make but one corporation the Assemblies of the kirk must depend upon the indiction of the Prince or Magistrate who is the head of the republick and the principall member of the kirk Wee humblie acknowledge that the supreme Magistrate hath power to indict the Assemblies of the kirk and when in his wisedome he thinketh it convenient he may by his authoritie conveene assemblies of all sorts whether generall provinciall presbytries or kirk Sessions But the question is whether he may prohibite or impede them when the necessities of the Kirk evidently call for them 2. No man will thinke that a republick becoming a Christian Kirk should losse any of her civile liberties why then shall a kirk being in her selfe a perfect republicke although of another kinde because shee now lives under a Christian Magistrate losse her priviledges or suffer diminution in her Christian liberty whereof the holding of assemblies is a necessary part 3. When the Christian Magistrate either forbiddeth or in the urgent necessity of the Kirk forbeareth to conveene Assemblies in this point the Kirk is left to her own libertie and must provide for her own safetie 4. The great wisedome of Iesus Christ the King of the Kirk hath provided sufficient supplies for all her necessities and fitting remedies for all her evils of which there be many that cannot bee helped without generall Assemblies and therefore not only the Christian Prince but the pastors of the Kirk especially when the indiction cannot be obtained of the Prince are bound as they will answer to Christ to provide that the Ecclesiasticke republick receave no detriment and to esteeme the safetie of the Kirk to be the supreme law Although the libertie of the Kirk for holding assemblies ●ence in the year at least and oftener pro re nata Object 3. be ratified in the Parliament 1592. yet the act of Parliament 1612. acknowledgeth the indiction of the generall assemblies to pertaine to his Majesty by the prerogative of his royall crowne and therefore abrogates the former act God forbid that any man should be so impious Ans as to thinke that his Majesties royall prerogative doth containe or import any thing contrarie to the royall prerogative of Christ by whom Kings reigne or to the liberties granted to the Christian Kirk whose nurse fathers Kings on earth must be the matter therefore may be easily salved without wrong to the Kings Majesty or to Iesus Christ the King of Kings and to his Kirk by this threefold distinction The first which is used in the point of calling Assemblies both by Popish and reformed Divines putteth a difference betweene a solemne and publicke indiction Via citationis ac publicae authorizationis by way of citation or compulsion by authoritie and between a voluntarie meeting Per viam admonitionis ac requisitionis by way of Christian admoniton or advertisement the former is so proper to the King by his prerogative that it can neither be given to the Pope nor to any forraine power nor without usurpation can be claimed by any of his Majesties Subjects Moses only may blow the trumpet The other is proper to the Kirk and her office-bearers which neither is nor can be taken from her by any Act of Parliament Secondly we are to distinguish betweene a cumulative or rather a positive power of calling Assemblies and betweene a privative or destructive power The former is acknowledged by the Act of Parliament to belong to the King who being Custos ●triusque tabulae may and ought pro re nata call the assemblies of the Kirk but the other cannot be meant in the act of Parliament 1612. 1. Because it doeth not confer any new power but only declareth quo jur● his former power of indicting which is only set down in the act 1592. doth appertaine to him 2. Because in the act 1592. it was found that the Kings power of indicting generall assemblies and that by vertue of his prerogative royall might consist with this native libertie of the Church to appoint the time and place of her necessare assemblies in case of the Kings not using his prerogative by appointing them and the act of the Kings prerogative was declared to conteine no derogation to the liberties and priviledges granted by God to his Church whereof the libertie of generall assemblies is there acknowledged to be one 3. Because although Cujus est nolle ejus est velle it is not alwayes reciprocall Cujus est velle ejus est nolle and 4. because the act of Glasgow assemblie whereof the act of Parliament is ratificatorie acknowledgeth the necessitig of yearlie generall assemblies Thirdlie We must observe the difference betwixt the indiction or calling of assemblies considered absolutelie and in respect of the circumstances of time and place Indictio simpliciter and secundum quid the act of Parliament intendeth no further but touching the circumstancess of the place as in what town the assemblie shall conveene and of the time in what Moneth of the year and what day of the moneth as is evident by the act of 1592. which giveth this libertie of time and place to the assemblie when the Kings Majestie or his Commissioner doth not appoint them FINIS