for the Word and Sacraments so for discipline in this all who are Christians old and late the Prelaticall and Popish party as well as others go along with us to maintain in doctrin and practise a necessity even in times of persecution that the Church must meet for the worship of God and execution of Ecclesiastick discipline among their own Members In this the doctrine and practise of the Scots is according to their setled laws uncontroverted by his Majestie If the VVarner will maintain that in reason and conscience all the Churches of the world are obliged to dissolve and never more to meet when an erroneous Magistrate by his Tyrannous Edict commands them to do so let him call up Erastus from the dead to be disciplined in this new doctrine of the Prelats impious loyalty The third Principle is that the judgment of true and false doctrine The finall determination of all Ecclesiastick causes by the Laws of Scotland is in the generall Assembly of suspension and deprivation of Ministers belongeth to the Church Ans If this be a great heresie it is to be charged as much upon the State as upon the Church for the Acts of Parliament give all this power to the Church neither did the Laws of England or of any Christian State Popish or Protestant refuse to the Church the determination of such Eccclesiastick causes some indeed do debate upon the power of appeals from the Church but in Scotland by the Law as no appeal in things civil goes higher then the Parliament so in matters Ecclesiastick none goes above the Generall Assembly Complaints indeed may go to the King and Parliament for redresse of any wrong has been done in Ecclesiastick Courts who being Custodes Religionis may by their coercive power command Ecclesiastick Courts to rectifie any wrong done by them contary to Scripture or if they persist take order with them But that two or three Pâ—aelates should become a Court of delegates to receive appeals from a general assembly neither Law nor practice in Scotland did ever admit nor doth the word of God or any Equity require it In the Scots assemblies no causes are agitat but such as the Parliament hath agreed to be Ecclesiastick and of the Churches cognisance no process about any Church rent was ever cognosced upon in Scotland but in a civill Court it s very false that ever any Church censure much lesse the highest of excommunication did fall upon any for robbing the Church of its patrimony The divine right of discipline is the tenet of the most of Praelats Our fourth challenged principle is that we maintain Ecclesiastick jurisdiction by a divine right Ans Is this a huge crime is there divine right in the world either Papist or Protestant except a few praelatical Erastians but they doe so If the Warner will profess as it seems he must the contradiction of that which he ascribes to us his avowed tenet must be that all Ecclesiastick power flowes from the Magistrate that the Magistrate himself may execute all Church censures that all the Officers appointed by Christ for the government of his Church may be laid aside and such a kind of governors be put in their place as the Magistrate shall be pleased to appoint that the spiritual sword and Keyes of heaven belong to the Magistrate by vertue of his supremacy as wel as the temporal sword and Keyes of his earthly Kingdom our difference herefrom the Warner will not I hope be found the greatest heresie All the power of the Church in Scotland is legal and with the Magistrates consent Our last challenged principle is that we will have all our power against the Magistrate that is although he dissent Ans It is an evil commentary that all must be against the Magistrate which is done against his consent but in Scotland there is no such case for all jurisdiction which the Church there doth enjoy they have it with the consent of the Magistrate all is ratified to them by such acts of Parliament as his Majâ—stie doth not at all controvert Concerning that odious case the Warner intimates whither in time of persecution when the Magistrate classheth with the Church any Ecclesiastick discipline be then to be exercised himself can better answer it then we who with the ancient Christians do think that on all hazards even of life the Church may not be dissolved but meet in dens and in the caves and in the wilderness for the word and Sacraments and keeping it self pure by the divine ordinance of Discipline Having cleered all the pernicious practises and all the wicked Dâ—ctrines which the Warner layes upon us The Prelats rather then to lay aside their own interest will keep the King and his people in misery for ever I think it needless to insist upon these defences which he in his abundant charity brings for us but in his own way that he may with the greater advantage impugne them only I touch one passage whereupon he makes injurious exclamations that which Mr. Gilespie in his theoremes writes when the Magistrate abuses his power unto Tyranny and makes havock of all it is lawful to resist him by some extraordinary wayes and means which are not ordinarily to be allowed see the principles from which all our miseries and the loss of our Gratious Master hath flowed Ans We must here yeeld to the Warner the great equity and necessity that every doctrine of a Presbyter should be charged on the Presbytery it self and that any Presbyter teaching the lawfulness of a Parliaments defensive arms is tantamont to the Churches taking of armes against the King These smal inconsequences we must permit the Warner to swallow down without a stick however we do deny that the maxime in hand was the fountain of any of our miseries or the cause at all of the loss of our late Soveraign Did ever his Majesty or any of his advised Councellors declare it simply unlawful for a Parliament to take arms for defence in some extraordinary cases however the unhappiness of the Canterburian Praelats did put his Majesty upon these courses which did begin and promote all our miserie and to the very last these men were so wicked as to refuse the loosing of the bands which their hands had tyed about his misinformed conscience yea to this day they will not give their consent that his Majestie who now is should lay aside Episcopacy were it for the gaining of the peaceable possession of all his three Kingdoms but are urgers of him night and day to adhere to their errours upon the hazard of all the miseries that may come on his person on his family and all his people yet few of them to this day durst be so bold as to print with this Warner the unlawfulness of a Parliaments armes against the Tyranny of a Prince in any imaginable case how extraordinary soever CHAP. III. The Lawes and customes of Scotland admit of no appeal from the
Scotland when after long triall they had found all their intercessions with the King for a modern and reasonable accomodation slighted and rejected they suffered themselves to be perswaded to enter covenant with their oppressed and fainting brethren for the mantainance of the common cause of Religion and liberty but with expresse Articles for the preservation of royalty in all its just rights in his Majestie and his posterity what unkindnes was here in the Scots to their King When by Gods blessing on the Scots helpe the opposite faction was fully subdued his Majestie left Oxford with a purpose for London The Scots selling of the King is a most false calumnie but by the severity of the ordinances against his receivers he diverted towards Linn to ship for Holland or France where by the way fearing a discovery and surprise he was necessitate to cast himselfe upon the Scots army at New-wark upon his promise to give satisfaction to the propositions of both Kingdomes he was received there and came with them to New-castle here his old oaths to adhaere unto Episcopacy hindred him to give the expected satisfaction At that time the prime leaders of the English army were seeking with all earnestnes occasion to fall upon the Scots much out of heart and reputation by Iames Grahame and his Irishes incursions most unhappy for the Kings affaires Scotland at that time was so full of divisions that if the King had gone thither they were in an evident hazard of a present war both within among themselfs and without from England our friends in the English Parliament whom we did and had reason to trust assured us that our taking the King with us to Scotland was the keeping of the Sectarian Army on foot for the wrack of the King of Scotland of the Presbyterian party in England as the sending of his Majestie to one of his houses neer London upon the faith of the Parliament of England was the onely way to get the Sectaryes disarmed the King and the people settled in a peace upon such tearmes as should be satisfactory both to the King and the Scots and all the wel-affected in England This being the true case was it any either unjustice unkindnes or imprudence in the Scots to leave the King with his Parliment of England was this a selling of him to his enemyes the monys the Scots received at their departure out of England had no relation at all to the King they were scarce the sixth parte of the arreares due to them for bygon service they were but the one halfe of the sum capitulat for not only without any reference to the King but by an act of the English Parliament excluding expresly from that Treaty of the armies departure all consideration of the disposall of the Kings person The unexpected evills that followed in the Armyes rebellion in their seasing on London destroying the Parliament murthering the King no mortall eye could have forseen The Scots were ever ready to the utmost of their power to have prevented all these mischiefes with the hazard of what was dearest to them notwithstanding of all the hard measure they had often received both from the King and the most of their friends in England That they did not in time and unanimously stur to purpose for these ends they are to answer it to God who were the true Authors the innocency of the Church is cleered in the following treatise Among the many causes of these miseries the prime fountaine was the venome of Episcopall principles which some serpents constantly did infuse by their speaches and letters in the cares and heart of the King â—o keep him off from giving that satisfaction to his good subjects which they found most necessary and due the very same cause which ties up this day the hands of covenanters from redressing all present misorders could they have the King to joyne with them in their covenant to quit his unhappy Bishops to lay aside his formall and dead Liturgie to cast himselfe upon the counsels of his Parliaments it were easy to prophecie what quickly would become of all his enemies but so long as Episcopall and malignant agents compasseth him about though al that comes neer may see him as lovely hopefull and promising a prince for all naturall endowements as this day breaths in Europe or for a long time has swayed a Scepter in Britaine yet while such unlucky birds nest in his Cabin and men so ungraciously principled doe daily besiege him what can his good people doe but sit downe with mournfull eyes and bleeding hearts till the Lord amend these otherwise remediles and insuperable evils but I hold here lest I transgresse to farr the bounds of an Epistle Thâ—â—eason off â—he dedication I count it an advantage to have you Lordship my judge in what here and in my following treatise I speak of Religion the liberties of our country and the Royall Family I know none fitter then your Lordship both to discerne and decerne in all these matters Me thinks I may say it without flattery which I never much loved either in my self or others that among all our Nobles for constancy in a zealous profession for exemplary practise in publick and privat duties the mercie of God has given to your Lordship a reputation second to none And for a rigid adhaerence to the Rights and Priviledges of your Country according to that auncient disposition of your Noble Family noted in our Historians especially that Prince of them George Buchanan the Tutor of your Grand-Father I know none in our Land who will pretend to go before you and for the affaires of the King your interest of blood in the Royall Family is so well known that it would be a strange impudency in me if in your audience I durst be bold wittingly to give finistrous information Praying to God that what in the candid ingenuity and true zeale of my spirit I present under your Lordships patrociny unto the eye of the World for the vindication of my mother Church and Country from the Sicophantick accusations of a Stigmatised incendiary may produce the intended effects I rest your Lordships in all Christian duty R. B. G. Hague this 28 May 7 June 1649. CHAP. I. The Prelaticall faction continue resolute that the King and all His People shall perish rather then the Prelats not restored to former places of Power for to set up Popery Profanity and Tyranny in all the three Kingdoms WHile the Commissioners of the Church and Kingdom of Scotland The unseasonablenesse of D. Brambles writing were on their way make their first addresses to his Majesty for to condole his most lamentable afflictions and to make offer of their best affections and services for his comfort in this time of his great distresse it was the wisdom and charity of the Prelaticall party to send out Doctor Bramble to meet them with his Faire Warning For what else but to discourage them in in the very
necessary resolutions of their English Brethren though the Warner should call it the greatest crime CHAP. II. The Presbyterians assert positively the Magistrates right to convocate Synods to confirm their acts to reform the Churches within their Dominions IN the second Chapter the Warner charges the Scots Presbytery with the overthrowing the Magistrates right in convocating of Synods When he comes to prove this No controversie in Scotland betwixt the King and the Church about the convocating of Synods he forgets his challenge and digresses from it to the Magistrates power of chusing Elders and making Ecclesiastick Laws avowing that these things are done in Scotland by Ecclesiastick persons alone without consent of the King or his Councel Ans It seems our Warner is very ignorant of the way of the Scots Discipline the ordinary and set meetings of all Assemblies both Nationall and provinciall since the first reformation are determined by Acts of Parliament with the Kings consent so betwixt the King and the Church of Scotland there is no question for the convocating of ordinary Assemblies for extraordinary no man in Scotland did ever controvert the Kings power to call them when and where he pleased as for the inherent power of the Church to meet for discipline as well as for worship the warner falls on it hereafter we must therefore passe it in this place What he means to speak of the Kings power in chusing Elders or making Ecclesiastick Laws himself knows The Warners Erastian and Tyrannick principles hated by the King his Majestie in Scotland did never require any such priviledge as the election of Elders or Commissioners to Parliament or members of any incorporation civil or ecclesaistick where the Laws did not expresly provide the nomination to be in the Crown The making of Ecclesiastick Laws in England as well as in as in Scotland was ever with the Kings good contentment referred to Ecclesiastâ—â—k Assemblies but the Warner seems to be in the mind of those his companions who put the power of preaching of administring the Sacraments and Discipline in the supreme Magistrate alone and derives it out of him as the Head of the Church to what Members he thinks expedient to communicate it also that the Legislative Power aswel in Ecclesiastick as civil Affairs is the property of the King alone That the Parliaments and general Assemblies are but his arbitrary Councels the one for matters of State the other for matters of the Church with whom or without whom hee makes Acts of Parliament and Church-cannons according to his good pleasure that all the Offices of the Kingdom both of Church and State are from him as he gives a commission to whom he will to be a Sheriff or Justice of Peace so he sends out whom he pleaseth to preach and celebrate Sacraments by vertue of his Regal mission The Warner and his Erastian friends may well extend the Royal Supremacy to this largenesse but no King of Scotland was ever willing to accept of such a power though by erroneous flatterers sometime obtruded upon â—â—m se Canterburian self conviction cap. ult The Warners ignorant and false report of the Sâ—â—ts proceedings The warner wil not leave this matter in generall he discends to instance a number of particular incroachments of the Scots Presbyters upon the Royal authority we must dispence in all his discourse with a small piccadillo in reasoning he must be permitted to lay all the faults of the Presbyterians in Scotland upon the back of the Presbytery it self and if the faylings of Officers were naturall to and inseparable from their Office mis-kennning this little mote of unconsequentiall argumenting we will go through his particular charges The first is that King James anno 1579 required the generall Assembly to make no alteration in the Church-policy till the next Parliament but they contemning their Kings command determined positively all their discipline without delay and questioned the Arch-Bishop of S. Andrews for voting in Parliament according to the undoubted Laws of the land yea 20 Presbyters did hold the generall Assembly at Aberdeen after it was discharged by the King Ans The VVarner possibly may know yet certainly he doth not care what he writes in these things to which he is a meer stranger the authentick Registers of the Church of Scotland convinces him here of falshood Bishops were abolished and Presb teries set up in Scotlanâ— with King Iames consent His Majesty did write from Stirling to the Generall Assembly at Edenburg 1579. that they should cease from concluding any thing in the discipline of the Church during the time of his minority upon this desire the Assembly did abstaine from all conclusions only they named a Committee to go to Striveling for conference with his Majestie upon that Subject What followeth thereupon I. Immediately a Parliament is called in October 1579 and in the first Act declares and grants jurisdiction unto the Kirk which consists in the true preaching of the word of Jesus Christ correction of manners and administration of the true Sacraments and declares that there is no other face of Kirk nor other face of Religion then is presently by the favour of God established within this realm and that there be no other jurisdiction Ecclesiastical acknowledged within this Kingdom then that which is within the samen Kirk or that which flowes therefrom concerning the premisses II. In April 1580 Proclamation was made ex deliberatione Dominorum Consilii in name of the King charging all Superintendents and Commissioners and Ministers serving at Kirks To note the names of all the Subjects aswel men as women suspected to be Papists or and to admonnish them to give Confession of their faith acording to the form approved by the Parliament and to submit unto the discipline of the true Kirk within a reasonable space and if they fail that the Superintendents or Commissioners present a role or catalogue of their names unto the King and Lords of secret Counsel where they shall be for the time between and the 15 day of July next to come to the end that the acts of Parliament made against such persons may be execute III. The short confession was drawn up at the Kings command which was first subscribed by his royal hand and an act of Secret Counsel commanding all subjects to subscribe the same as it is to be seen by the Act printed with the Confession wherein Hierarchie is abjured that is as hath been since declared by National assemblies and Parliaments both called and held by the King Episcopacy is abjured IV. In the assemblies 1580 and 1581 that Confession of faith and the second book of discipline after debating many praeceding yeares were approved except one chapter de diaconatu by the Assembly the Kings Commissioners being alwayes present nor finde we anything opposed them by him yea then at his Majesties special direction about fifty classical Presbyteries were set over Scotland which remain unto this day was there here any
about it Ans Must it be Jesuitisme and a drawing of all the civill affaires to the Churches bar in ordine ad Spiritualia for an Assembly to give their advice in a most eminent and important case of conscience when earnestly called upon in a multitude of supplications from the most of the Congregations under their charge yea when required by the States of the Kingdom in severall express messages for that end It seems it s our Warners conclusion if the Magistrate would draw all the Churches in his jurisdiction to a most unlawful war for the advancement of the greatest impiety and unjustice possible wherein nothing could be expected by all who were engaged therein but the curse of God if in this case a doubting Souldier should desire the Assemblies counsell for the state of his soul or if the Magistrate would put the Church to declare what were lawfull or unlawfull according to the Word of God that it were necessary here for the servants of God to be altogether silent because indeed war is so civill a business that nothing in it concerns the soul and nothing about it may be cleared by any light from the Word of God The truth is the Châ—rch in their publick papers to the Parliament declared oftner then once that they were not against but for an engagement if so that Christian and friendly treaties could not have obtained reason and all the good people in Scotland were willing enough to have hazarded their lives and estates for vindicating the wrongs doâ—e not by the Kingdom of England but by the Sectarian Party there against God the King Covenant and both Kingdoms but to the great grief of their hearts their hands were bound and they forced to sit still and by the over great cunning of some the erronious mis-perswasions of others and the rash precipitancy of it that engagement was so spoyled in the stating and mannaging that the most religious with peace of conscience could not go along nor encourage any other to take part therein The Warner touches on three of their reasons but who will look upon their publick declarations shall find many more which with all faithfulness were then propounded by the Church for the rectifying of that action which as it stood in the state and management was cleerly foretold to be exceeding like to destroy the King and his friends of all sorts in all the three Kingdoms The irrepairable losses and unutterable calamities which quickly did follow at the heels the mis-belief and contempt of the Lords servants and the great danger Religion is now brought unto in all these Kingdoms hath I suppose long agoe brought grief enough to the heart of them whose unadvised rashness intemperate fervor did contribute most for the spoiling of that designe The first desire about that engagement which the Warner gives to us concerns the security of Religion In all the debate of that matter it was agreed without question upon all hands that the Sectarian Party deserved punishment for their wicked attempts upon the Kings person contrary to the directions of the Parliaments of both Kingdoms and that the King ought to be rescued out of their hands and brought to one of his Houses for perfecting the Treaty of Peace which often had been begun but here was the question Whether the Parliament and Army of Scotland ought to declare their resolutions to bring his Majesty to London with honor freedome and safety before he did promise any security for establishing Religion The Parliaments of both Kingdoms in all their former Treaties had ever pressed upon the King a number of Propositions to be signed by his Majesty before at all he came to London was it then any fault in the Church of Scotland to desire the granting but of one of these propositions concerning Religion the Covenant before the King were brought by the new hazard of the lives and estates of all the Scotish Nation to sit in his Parliament in that honor and freedom which himself did desire There was no complaint when many of thirty propositions were pressed to be signed by his Majesty for satisfaction and security to his people after so great and long desolations how then is an out-cry made when all other propositions are postponed and only one for Religion is stuck upon and that not before his Majesties rescue and deliverance from the hands of the Sectaries but only before his bringing to London in honor freedom and safety This demand to the Warner is a crime and may be so to all of his belief who takes it for a high unjustice to restraine in any King the absolute power by any condition for they do maintain that the administration of al things both of Church and State doth reside so freely and absolutely in the meer wil of a Soveraign that no case at any time can fall out which ought to bound that absoluteness with any limitation The second particular the Warner pitches upon is the Kings negative voyce behold how criminous we were in the point When some most needlesly would needs bring into debate the Kings negative voice in the Parliament of England as one of the royall Prerogatives to be maintained by our engagement it was said that all discourse of that kind might be laid aside as impertinent for us if any debate should chance to fall upon it the proper place of it was in a free Parliament of England that our Laws did not admit of a negative voice to the King in a Parliament of Scotland and to press it now as a Prerogative of all Kings besides the reflection it might have upon the rights of our Kingdom it might put in the hand of the King a power to deny all and every one of these things which the Parliaments of both Kingdoms had found necessary for the setling the peace in all the three Dominions We marvel not that the Warner here should tax us of a great error seeing it is the belief of his faction that every King hath not only a negative but an absolute affirmative voice in all their Parliaments as if they were nothing but their arbitrary counsels for to perswade by their reasons but not to conclude nor impede any thing by their Votes the whole and intire power of making or refusing Laws being in the Prince alone no part of it in the Parliament The Warners third challenge against us about the ingagement is as if the Church had taken upon it to nominate the Officers of the Army and upon this he makes his invectives Answ The Church was far from seeking power to nominate any one Officer but the matter was thus When the State did require of them what in their judgement would give satisfaction to the people and what would encourage them to go along in the ingagement one and the last part of their answer was that they conceived if a War shall be found necessary much of the peoples encouragement would depend upon the qualification
Oâ—dinance to a standing Law the Kings consent is required but with what qualifications and exceptions wee need not here to debate since his Majesties consent to the present case of abolishing Bishops was obtained well neere to as farre as was desired and what it yet lacking wee are in a faire way to obtaine it for the Kings Majestie long agoe did agree to the rooting out of Episcopacy in Scotland hee was willing also in England and Ireland to put them out of the Parliament and all civil Courts and to divest them of all civill power and to joyne with them Presbyteries for Ordination and spirituall jurisdiction yea to abolish them totally name and thing not onely for three yeares but ever till he and his Parliament should agree upon some setled order for the Church was not this Tantamont to a pertuall abolition for all and every one in both houses having abjured Episopacy by solemne Oath and Covenant the Parliament was in no hazard of agreeing with the King to re-erect the fallen chaires of the Bishops so there remained no other but that either his Majestie should come over to their judgement or by his not agreeing with them yet really to agree with them in the perpetuall abolition of Episcopacy since the confession was for the laying Bishops aside for ever till hee and his houses had agreed upon a settled order for the Church If this be not a full and formall enough consent to the Ordinance of changing the former Lawes anent praelats his Majestie who now is easily may and readily would supply all such defects if some of the faction did not continually for their owne evil interests whisper in his eares pernicious counsell as our Warner in this place also doeth by frighting the King in conscience from any such consent The praelats would flâ—tter the King into a Tyranny for this end he casts out a discourse the sinews whereof are in these three Episcopall maximes First that the legislative power is soly in the King that is according to his Brethrens Commentary that the Parliament is but the Kings great councel of free choyce without or against whose votes hee may make or unmake what Lawes he thinkes expedient but for them to make any Ordinance for changing without his consent of any thing that has been instituting any new thing or for them to defend this their legall right and custome time out of minde against the armes of the Malignant party no man may deny it to be plaine rebellion II. The praelates take to themselves a negative voice in Parliament That the King and Parliament both together cannot make a Law to the prejudice of Bishops without their owne consent they being the third order of the Kindome for albeit it be sacriledge in the Lords and Commons to claime any the smallest share of the legislative power this in them were to pyck the chiefest jewel out of the Kings Crowne yet this must be the due priviledge of the Bishops they must be the third order of the Kingdome yea the first and most high of the three farre above the other two temporall States of Lords and Commons their share in the Legislative power must be so great that neither King nor Parliament can passe any Law without their consent so that according to their humble protestation all the Lawes and Acts which have been made by King and Parliament since they were expelled the house of Lords are cleerly void and null Wee must grant that the King and Parliament in divesting Bishops of their temporall honour and estates The praelats grieve that Monks and Friers the Pope and Cardinals were casten out of England by H. in abolishing their places in the Church doe sin more against conscience then did Henry the eight and his Paliament when they put down the Abbots and the Friers We must beleeve that Henry the eight his abolishing the order of Monks was one of the acts of his greatest Tyranny and greed we must not doubt but according to Law and reason Abbots and Priours ought to have kept still their vote in Parliament that the Monasteryes and Nunryes should have stood in their integrity that the King and Parliament did wrong in casting them downe and that now they ought in conscience to be set up againe yea that Henry the eight against all reason and conscience did renounce his due obedience to the Pope the Patriarch of the West the first Bishop of the universe to whom the superinspection and government of the whole Catholick Church in all reason doth belong Though all this be here glaunced at by the Warner and elsewhere wee prove it to be the declared mind of his Brethren yet we must be pardoned not to accept them as undenyable princâ—ples of cleare demonstrations The just supremacy of Kings is not prejudged by the Covenant The last ground of the Doctors demonstration is that the Covenant is an Oath to set up the Presbyterian government in England as it is in Scotland that this is contrary to the Oath of Supremacy for the Oath of Supremacy makes the â—ing the onely supreame head and Governour of the Church of England that is the civill head to see that every man doe his duty in his calling also it gives the King a supreame power over all persons in all causes but the Presbytery is a Politicall Papacie acknowledging no governour but only the Presbyters it gives the King power over all persons as Subjects but none at all in Ecclesiastick causes Ans Is there in all this reasoning any thing sound First what article of the Covenant beares the setting up of the Presbyterian government in England as it is in Scotland II. If the Oath of supremacy import no more then what the Warners expresse words are here that the King is a civill head to see every man doe his duty in his calling let him be assured that no Presbyterian in Scotland was ever contrary to that supremacy III. That the Presbytery is a Papacy and that a politicall one the Warner knowes it ought not to be granted upon his bare word IV. That In Scotland no other governors are acknowledged then Presbyters himselfe contradicts in the very next words where hee tells that the Scots Presbytery ascribs to the King a power over all persons as subjects V. That any Presbyterian in Scotland makes it sacriledge to give the King any power at all in any Ecclesiastick cause The Warnerâ— insolent Vanity it is a senselesse untruth The Warners arguments are not more idle and weake then his triumphing upon them is insolent for he concludes from these wife and strong demonstrations that the poore covenant is apparently deceitfull unvalide impious rebellious and what not yea that all the learned divines in Europe will conclude it so that all the Covenanters themselves who have any ingenuity must grant thus much and that no knowing English man can deny it but his own conscience will give him the lie
it for in that assembly where unanimously the subscription of the second book of disciplin by all the ministers of the Kingdom was decryed his Majestie some time in person always by the Chancelor his Commissioner was present and in the act for subscription Sess 10 Augusti 8. it is expresly said that not only all the Ministers but also all the Commissioners present did consent among which Commissioners the chancelor his Majesties Commissioner was chief But neither the King nor the Church could get it to passe the Parliament in regard of the opposition which some States-men did make unto these parts thereof which touched on their own interest of unjust advantage this was the only stick The Warners hypocrisy calling that a crime which himself counts a vertue The next instance of the Churches encroachment is their usurpation of all the old rents of the clergy as the Churches patrimony and their decerning in an assembly that nothing in the next Parliament should passe before the Church were fully restored to her rents Ans Consider here the Warners hypocrisie and unjustice he challenges the Presbyterians for that which no Prelate in the world did ever esteem a fault a meer declaration of their judgment that the Church had a just right to such rents as by Law and long possession were theirs and not taken away from them by any lawfull means What if here they had gone on with the most of the prelatical party to advance that right to a jus divinum what if they had put themselves by a command from Court into the possession of that right without a processe as divers of the Warners friends were begun lately to do in all the three Kingdoms But all that he can here challenge the Scots for is a meer declaration of their simple right with a supplication to the Regent his Grace that he would indeavour in the next Parliament to procure a ninth part of the Churches patrimony for the maintenance of the ministry and the poor of the Country for all the rent that the Churches then could obtain or did petition was but a third of the Thirds of the Benefices or Tithes That ever any Assembly in Scotland did make any other addresse to the Parliament for stipends then by way of humble supplication it is a great untruth The last instance is the erecting of Presbyteries through all the Kingdom by an Act of the Church alone Answ I have shewn already the untruth of this Allegation the proof here brought for it is grounded only upon an ambiguous word which the Warners ignorance in the Scotish Discipline and Presbytery though the main subject of his Book permits him not to understand The Presbyteries were set up by the King after the Assembly 1580 but the second Book of Discipline of which alone the citation speaks how-ever injoyned by many Assemblies yet it could never be gotten ratified in any parliament only because of those parts of it which did speak for the patrimony of the Church and oppugne the right of patronage How well the Warner hath proved the Presbyterian practices to be injurious to the Magistrate we have considered The Warner a gross Erastian possibly he will be more happy in his next undertaking in his demonstrations that their doctrinal principles do trample on the Magistrates Supremacy and Laws Their first principle he takes out of the second book of Discipline Chap. 7. That no Magistrate nor any but Ecclesiastick persons may vote in Synods Ans Though I finde nothing of this in the place cited yet there is nothing in it that crosseth either the Laws or the Kings Supremacy for according to the Acts of Parliament of Scotland both old and late and the constant practice of that Church the onely members of Presbyteries are Ministers and ruling Elders Is it the Warners minde to vent here his super-Erastianism that all Ecclesiastick Assemblies Classical Provincial National are but the arbitrary courts of the Magistrate for to advise him in the execution of his inherent power about matters Ecclesiastical and for this cause that it is in his arbitrement to give a decisive voice in all Church Assembles to whom and how many soever he will Though this may be the Warners minde as it hath been some of his friends yet the most of the prelatical party will not maintain him herein How-ever such principles are contrary to the Laws of Scotland to the professions also and practices of all the Princes and Magistrates that ever have lived there Prelaticall principles impossibilitate all solid peace betwixt the King and his Kingdoms But the Warner here may possibly glance at another principle of his good friends who have been willing lately to vent before all Brittain in print their elevating the supremacy of Soveraigns so far above Laws that whatever people have obtained to be established by never so many Assemblies and Parliaments and confirmed with never so many great seals of ratification and peaceably enjoyed by never so long a possession yet it is nothing but commendable wisdom and justice for the same Prince who made the first Concessions or any of his successors whenever they find themselves strong enough to cancel all and make void what ever Parliaments Assemblies Royall ratifications and the longest possession made foolish people beleeve to be most firm and unquestionable To this purpose Bishop Maxwel from whom much of this VVarning is borrowed doth speak in his Sacro-Sancta regum Majestas Though this had bin the Cabin-divinity of our Prelats yet what can be their intentions in speaking of it out in these times of confusion themselves must declare for the clear consequent of such doctrine seems to be a necessity either of such Warners perpetuall banishment from the Courts and ears of Soveraigns or else that subjects be kept up for ever in a strong jealousie and fear that they can never be secure of their Liberties though never so well ratified by Lawes and promises of Princes any longer then the sword and power remains in their own hand to preserve what they have obtained Such Warners so long as they are possessed with such maximes of state are clear everters of the first fundations of trust betwixt Soveraigne and Subjects they take away any possibility of any solid peace of any confident settlement in any troubled State before both parties be totally ruined or one become so strong that they need no more to feare the others malecontentment in any time to come Our second challenged principle is that we teach the whole power of convocating assemblies to be in the Church Erastian Prelats evert the legal foundations of all Government Ans The Warners citations prove not that we maintain any such assertion our doctrin and constant practise hath been to ascribe to the King a power of calling Synods when and wheresoever he thought fit but that which the Warner seems to point at is our tenet of an intrinsicall power in the Church to meet as
King of his Tythes first Fruits Patronage and Dependence of his Subjects Ans The Warner understands not what he writes The Kings Majesty in Scotland never had never craved any First fruits The Church never spoiled the King of any Tithes some other men indeed by the wickedness most of Prelates and their followers did cozen both the King and the Church of many Tythes but his Majesty and the Church had never any controversie in Scotland about the Tythes for the King so far as concerned himsef was ever willing that the Church should enjoy that which the very Act of Parliament acknowledgeth to be her patrimony Nor for the patronages had the Church any plea with the King the Church declared often their mind of the iniquity of patronages wherein they never had from the King any considerable opposition but from the Nobility and Gentry the opposition was so great that for peace sake the Church was content to let patronages alone till God should make a Parliament lay to heart what was incumbent for gracious men to do for liberating Congregations from their slavery of having Ministers intruded upon them by the violence of Patrons Which now at last blessed be God according to our mind is performed As for the dependence of any vassalls upon the King it was never questioned by any Presbyterian in S otla d. K. James avowes himself a hatâ—â— of Eâ—â—stianâ—sm What is added in the rest of the Chapter is but a repetition of that which went before to wit the Presbyters denying to the King the spirituall Government of the Church and the power of the keys of the Kingdom of Heaven such an usurpation upon the Church King James declared under his hand as at length may be seâ—n in the Historicall vindication to be a sin against the Father Son and Holy Ghost which puts in the hand of the Magistrate the power of Preaching and celebrating the Sacraments a power which since that time no Magistrate in Britaine did assume and if any would have claimed it none would have more opposed then the most zealous Patrons of Episcopacy The injurious invectives which the Warner builds upon this his Erastian assertion we pass them as Castles in their ayr which must fall and evanish for want of a foundation Only before I leave this Chapter let the Warner take a good Sentence out of the mouth of that wise Prince King James to testifie yet farther his mind against Erastianisme His Majestie in the year 1617 having come in progress to visit his ancient Kingdom of Scotland and being present in person at a publick disputation in Theologie in the University of St. Andrews whereof also many both Nobles and Church-men of both Kingdoms were auditors when one of those that acted a part in the disputation had affirmed and went about to maintaine this Assertion that the King had power to depose Ministers from their Ministeriall function The King himself as abhorring such flattery cried out with a loud voice Ego possum deponere Ministri caput sed non possum deponere ejus officium CHAP. VII The Presbytery doth not draw from the Magistrate any part of his power by the cheat of any relation IN the seventh Chapter The Presbytery cognosceth only upon scandals and that in fewer civill things then Bishops courts were wont to meddle with the Warner would cause men believe many more of the Presbyteries usurpations upon the Civil Magistrate The first is that all offences whatsoever are cognoscible in the Consistory upon the case of scandal Ans First the Presbytery makes no offence at all to come before the Consistory but Scandall alone Secondly these civil offences the scandall whereof comes before the Presbytery are but very few and a great deal fewer then the Bishops Official takes notice of in his Consistorial Court That capitall crimes past over by the Magistrate should be censured by the Church no society of Christians who have any discipline did ever call in question When the sword of the Magistrate hath spared a Murderer an Adulterer a Blasphemer will any ingenuous either Prelaticall or Popish Divine admit of such to the holy Table without signs of Repentance The Warners second usurpation is but a branch of the first that the Presbytery draws directly before it self the cognisance of fraud in bargaining false measures oppression and in the case of Ministers bribing usury fighting perjury c. Ans Is it then the Warners mind that the notorious slander of such grosse sins does not deserve so much as an Ecclesiasticall rebuke Shall such persons without admonition be admitted to the holy Communion Secondly the named cases of fraud in bargaining false measures oppression come so rarely before our Church-judicatories that though this thirty years I have been much conversant in Presbyteries yet did I never see nor doe I remember that ever I heard any of these three cases brought before any Church Assembly In the person of Ministers I grant these faults which the Canons of the Church in all times and places make the causes of deprivation are cognosced upon in Presbyteries but with the good liking I am sure of all both Papists and Prelates who themselves are free of such vices And why did not the Warner put in among the causes of Church-mens deprivation from Office and Benefice Adultery gluttony and Drunkenness Are these in his c. which he will not have cognoscible by the Church in the persons of Bishops and Doctors The Warners third challenge amounts to an high crime that Presbyterian Ministers are bold to preach upon these Scriptures which speak of the Magistrates duty in his Office or dare offer to resolve from Scripture any doubt which perplexeth the conscience of Magistrates or People of Husband or Wife of Master or Servant in the discharge of their Christian duty one to another What ever hath bin the negligence of the Bishop of Derry yet I am sure all the preaching Prelates and Doctors of England pretended a great care to goe about these uncontroverted parts of their Ministeriall Function and yet without medling with the Mysteries of State or the depths of any mans particular vocation much less with the judgment of jurisdiction in Political or Aeconomical causes The Châ—rcâ—es pâ—oceedings in tâ—e late engagement â—leered from mistâ—kes As for the Churches declaration against the Late engagement did it not well become them to signifie their judgment in so great a case of conscience especially when the Parliament did propone it to them for resolution and when they found a conjunction driven on with a clearly Malignant Party contrary to solemn oathes and covenants unto the evident hazard of Religion and them who had been most eminent instruments of its preservation was it not the Churches duty to give warning against that sin and to exhort the ring-leaders therein to repentance But our Warner must needs insist upon that unhappy engagement and fasten great blame upon the Church for giving any advice
need to be much better cautioned then here it is before it can stâ—nd for a major of a clear demonstration but how is the minor proved behold how much short the Warners proofes are of his great boastings His first argument is grounded upon an evident falshood that in the Covenant we sweare the lately devised discipline to be Christs institution Answ There is no such word nor any such matter in all the Covenant was the Warners hatred so great against that peece of write that being to make cleare demonstrations against iâ— he would not so much as cast his eye upon that which he was to oppugne Covenanters sweare to endeavour the reformation of England according to the word of God and the best reformed Churches but not a word of the Scots Presbytery nor of any thing in any Church even the best reformed unlesse it be found accorcording to the paterne of Gods holy word The second ground of his demonstration is also an evident errour The Warner unwittingly commends the Covenant that the covenant in hand is one and the same with that of King James Answ Such a fancy came never in the head of any man I know much lesse was it ever writen or spoken by any that the Covenant of King James in Scotlaâ—d 1580 should be one and the same with the Covenant of all the three Kingdomes 1643 whatsoever identit es may appeare in the matter and similitude in the ends of both but the grossest errors are solide enough grounds for praelaticall clear demonstrations Yet here the Warner understands not how hee is cutting his owne veines his friends in Scotland will give him small thanks for attributing unto the nationall Covenant of Scotland that Covenant of King James these three properties that it was issued out by the Kings authority that it was for the maintenance of the Lawes of the realme and for the maintenance of the established Religion time brings adversaries to confesse of their own accord long denyed truthes But the Characters which the Warner in prints upon the solemne league and Covenant of the three Kingdomes wee must bâ—â— pardoned to controvert till he have taken some leasure to prove his wilde assertions First that the league is against the authority of the King secondly that it is against the Law and thirdly that it is foâ— the overthrow of Religion The man cannot think thâ—t any should beleeve his dictats of this kinde without p oofe since the expresse words of that league doe flatly contradict him in all these three positions His gentle memento that Scotland when they sued for aid from the crowne of England had not the English discipline obtruded upon their Church might here have beene spared was not the English discipline and liturgy obtruded upon us by the praelats of England with all craft and force did we ever obtrude our disciplin upon the English but when they of their owne free and long deliberate choice had abolished Bishops and promised to set up Presbytery so far as they had found it agreeable to the word of God were wee not in all reason obliged to encourage and assist them in so pious a worke The King did not clame the sole and absolve possession of the militia In the next words the Warner for all his great boasts finding the weaknes of all the former grounds of his second demonstration he offers three new ones which doubtles will doe the deed for he avowes positively that his following grounds are demonstrative yet whosoever shall be pleased to gripe them with never so soft an hand shall finde them all to be but vanity and winde The first after a number of prosyllogismes rests upon these two foundations first that the right of the militia resides in the King alone secondly that by the covenant the militia is taken out of the Kings hands and that every covenanter by his covenant disposes of himselfe and of his armes against the right which the King hath unto him Answ The Warner will have much adoe to prove the second so that it may be a ground of a clear demonstration but for the first that the power of the militia of England doth reside in the King alone that the two houses of Parliâ—ment have nothing at all to doe with it and that their taking of armes for the defence of the liberties of England or any other imaginable cause against my party countenanced by the Kings presence against his lawes must â—e a together unlawfull if his demonstration be no clearer hen the ground whereupon he builds it I am sure it will not be visible to any of his opposits who are not like to be convinced of open rebellion by his naked assertion upon which alone he layes this his mighty ground Beleeve it he had neede to assay its reliefe with some colour of an argument for none of his owne friends will now take it of his hand for an indemonstrable principle since the King for a long time was willing to acknowledge the Parliaments joynt interest in the Militia yea to put the whole Militia in their hands alone for a good number of yeares to come so farre was his Majestie from the thoughts that the Parliaments medling with a part of the Militia in the time of evident dangers should be so certainly and clearely the crime of rebellion The Warners second demonstrative ground wee admit without question in the major that where the matter is evidently unlawfull the oath is not binding but the application of this in the minor is very false All that hee brings to make it appeare to be true is that the King is the supream Legislator that it is unlawfull for the subjects of England to change any thing established by Law especially to the prejudice of the Praelates without their own consent they being a third order of the Kingdome otherwise it would be a harder measure then the Friers and Abbots received from Henry the eight The change of lawes in England ordinarily begin by the two houses wâ—thout the King Ans May the Warner be pleased to consider how farre his dictates here are from all reason much more from evident demonstrations That the burden of Bishops and ceremonies was become so heavy to all the three Kingdomes that there was reason to endeavour their laying aside he does not offer to dispute but all his complaint runnes against the manner of their removall this say I was done in no other then the ordinary and high path-way whereby all burdensome Lawes and customes use to be removed Doth not the Houses of Parliament first begin with their Ordinance before the Kings consent be sought to a Law is not an Ordinance of the Lords and Commons a good warrant to change a former Law during the sitting of the Parliament The Lawes and customes of England permit not the King by his dissent to stoppe that change The King did really consent to the abolition of Bishops I grant for the turning an