by the censure of the Kirk compelled to dedicate their sons by good exercises to the profit of the Kirk and Common-wealth 1. Book of Discip. 5. Head SECT. Of the necessity of Schools And if any be found disobedient and not willing to communicate the gifts and speciall graces of God with their brethren after sufficient admonition Discipline must proceed against them Provided that the Civil Magistrate concur with the judgement and election of the Kirk 1. Book of Discip. 9. Head SECT. For Prophecying With them it is not enough that the younger sort be catechised before their first admission to the communion but all persons must be held as children all their life long and once a yeare at least be examined in the principles of Religion which examination to use the phrase of their own Book is like to be sharp enough to those that know not the wayes of molifying their Examiners Of necessity we judge that every yeare at the least publique examination be had by the Ministers and Elders of the knowledge of every person within the Kirk 1. Book of Discip. 9. Head Of policy Those that thought twenty six holy-dayes in a yeare a burthen if this Government be brought in must have one day in every week taken from them besides the Sunday and set apart for Sermons and Prayers from labour both by Masters and Servants at least during the time of the publique Exercise Every week once let the Congregation assemble to hear some place of the Scriptures orderly expounded Psalm-Book SECT. Of the interpretation of the Scriptures In every notable town we require that one day besides the Sunday be appointed to the Sermon Prayers wch during the time of Sermon must be kept from all exercise of labour as wel of the master as of the servant 1. Booke of Dis. 9. Head Of Policy Those that complained of the Bishops Courts once in three weeks as an intolerable vexation if this Government be set up must be yoked with a Consistory one day in every week so that they shall have but foure dayes in seven free to do their own businesse It is ordained that every Thursday the Ministers and Elders in their Assembly or Consistory diligently examine all such faults suspitions as may be espied not onely amongst others but chiefly amongst themselves Psalme-Booke SECT. Of the weekly Assembly c. If a man be acquitted of Homicide by the Temporall Judge the Presbytery holding him to be guilty take upon them to impose satisfactions upon him at their discretion which is both an affront to the temporal Judge and a grievous vexation to the party who perhaps is innocent and maybe a pretence for them to put their hands in the Subjects purses if they shal thinke fit to require a pecuniary mulct for satisfaction If the offender abide an Assise and by the same be absolved then may not the Church pronounce excommunication buâ— justly may exhort the man by whose hand the blood was shed to eâ—ter into consideration with himselfe how precious is the life of man before God and how severely God commandeth blood howsoever it be shed except it be by the sword of the Migistrate to be punished and so may injoyn unto him such satisfactions to be made publike to the Church as may beare testification of his obedience and unfained repentance Psalm-Book In the order of Excommunication That this presumption of their putting their hands into mens purses is not groundlesse may appear by another of their Constitutions wherein they take upon them to tax damages upon capitall offenders convict before the temporall Judge and to moderate between the offender and the party offended in that point The sentence of excommunication once pronounced the Church may not suddenly admit the murtherer or convict adulterer to repentance and society of the faithfull albeit that pradon be purchased of the Magistrate but first ought inquisition to be taken if the murtherer have satisfied the party offended that is the kin and friends of the man slain which if he hath not done neither is understood willingly so to doe the Church in no wise may heare him But and if he be willing to satisfie and the friends exceed measure and the possibilities of him that committed the crime then ought the Church to put moderation to the unreasonable in case the Civill Magistrate hath not done so before Psalm Book In the order of Excommunication By their Lawes they make such things punishable as wil leave no man in safety with whom they have a mind to quarrel If a man conforme not his words his gestures his expences his diet his apparell to their liking nay it they doe but suspect him to be inordinate in these things they convent him and admonish him and if he obey not their admonitions they thunder out the sentence of Excommunication against him Wanton and vaine words uncomely gestures negligence in hearing the preaching or abstaining from the Lords Table when it is publiquely ministred suspicion of avarice or of pride superfluity or riotousnesse in chear or rayment these we say and such others that of the world are not regarded deserve admonition amongst the members of Christs body If he continue stubborne then the third Sunday ought he to be charged publiquely to satisfie the Church for his offence and contempt under the pain of Excommunication Psalme-Booke In the order of publike Repentance This is an unheard of tyranny when a man may neither order his estate nor weare a garment nor eat nor speâ—ke nor looke but at their liking yet this is not the worst for these Lords paramount take upon them to be Judges not only of externall things but even in mens inward thoughts and affections too if they be by any means discovered to them The Magistrate handleth externall things onely and actions done before men but the Spirituall Ruler judgeth both inward affections and externall actions in respect of conscience by the Word of God 2. Book of Dis. Chap. 1. The Conclusion Out of that which hath been said I conclude 1 That this Form of Government would prove pernicious both to our King Parliament Ministery and People and that the relations that have been published of the Presbyterians affronts done to Regall power in Scotland their contests with Parliaments the confusions by them caused and their injustice and tyrannie over the people are very well consistent with their Principles 2 That those who are so earnest to set up here that Government and Discipline are therefore zealous for it because they know it not For otherwise it is hardly possible that any that will know a thing so unlovely should be so far in love with it Especially if we consider that this which yet appears is but the Lions paw his whole body is not yet seen nor easie to be seen but lies lurking a great part of it in the Registers of their Assemblies and Sessions never yet published to the world so that all the judgment we can make of
or Ecclesiasticall within the Realme 2. Booke of Discipline Chap. 12. The Princes and Magistrates not being exemed and these that are placed in the Ecclesiasticall Estate rightly ruling and governing God shall be glorified c. 2. Booke of Discipline Chap. 13. If any man shall wonder how these insolent claimes can stand with their former expressions in favour of the Civill Magistrate let him know that there be two Texts in their Booke of Discipline that will open this mystery and reconcile the contradiction The first The Magistrate neither ought to preach minister the Sacraments nor execute the Censures of the Kirke nor yet prescribe any rule how it should be done but command the Ministers to observe the rule commanded in the Word and punish the Transgressors by Civill meanes The Ministers exerce not the Civill Jurisdiction but teach the Magistrate how it should be exercised according to the Word Chap. 1. By this it appeares that all the power they allow the Civill Magistrate in Church-affaires is onely to be the Executioner of their Decrees The second Although Kings and Princes that be godly sometimes by their own Authority when the Kirk is corrupted and all things out of order place Ministers and restore the true servants of the Lord after the example of some godly Kings of Juda and divers godly Emperours and Kings also in the light of the New Testament yet where the Ministery of the Kirk is once lawfully constitute and they that are placed doe their office faithfully all godly Princes and Magistrates ought to heare and obey their voice and reverence the Majesty of the Son of God speaking in them 2. Booke of Dis. Chap. 10. This Text I confesse is fast and loose For who shall be Judge whether the Church be corrupted and all things out of order or whether the Ministery be lawfully constitute and the Office faithfully discharged Shall the King Their Practise shewes that they will not allow that Shall the Ministery be Judge Then the power given to Princes in a corrupted Church is just nothing For sure the Ministers will not condemne themselves If any thing of certainty can be made out of this Oracle it is this That the Presbyterian Government must be supposed to be the onely orderly Government and all the proceedings of it just and Kings and Princes may claim a power to cast out any other Government and set up that but when that is once up they must then bee content with what the Assembly will allow them 5 To their Doctrine that it is unlawfull to resist the Civill Magistrate they give these bounds while he doth his duty and governeth as he ought To disobey or resist any that God hath placed in Authority whilest they passe not over the bounds of their office we confesse or affirme to be sin Large Confes. Art 15. We confesse and avow that such as resist the supreame Power doing that thing which appertaineth to his charge doe resist Gods Ordinance and therefore cannot be guiltlesse Large Confes. Art 25. From these premisses I thinke the inference is good that if the supreame power passe the bounds of his Office if he doe not that thing which appertaineth to his charge if he doe the contrary if he mis-governe then they hold resistance to be no sinne nor the Subjects that resist him to be guilty of resisting Gods Ordinance It may be that the generall disaffection to Regall Power in these distractions may render some men lesse apprehensive of the dangerous consequences of this Doctrine and the former Claimes as supposing them to have no other drift then to clip the wings of Royall Prerogative But this is a grosse and dangerous mistake and whosoever shal be envested with that Civill Power which shal be taken from the King be it the Parliament or whosoever else must looke to succeed him in the heavy enmity which this Presbyterian Power will exercise against the Civill Power when it doth not comply with them in what hands soever it be placed For these incroachments of theirs are not upon the King as distinguished from other Magistrates but upon the Civill Magistrate in common whosoever he be as appeares plainly by the former Testimonies So that if they have a minde to call a generall Assembly though the King and Parliament finde it needlesse or in regard of circumstances of time place or distempered affections in the Ministers or People inexpedient or dangerous they will over-rule though to the highest disservice of the State and must be obeyed If they agree upon any Ecclesiasticall Constitutions and Canons though the King and Parliament judge them never so contrary to the Lawes tending to the hurt of the Kingdome yet must they yeeld to this Presbyterian Power If the King and Parliament make any Lawes concerning the affaires of the Church which are not to their liking they may repeals them The King and Parliament must be Subject not onely to their generall Assembly but in subordination to that to the Dictates of every petty Parochiall Session where their personall residence and abode shall be Lastly If the King and Parliament will governe contrary to their will and pleasure their principles will allow them to incite the people to resist them After so rank a crop of weeds pernicious to Civill power I know not what regard will be had to the gleanings which yet would not be lost 6 Therefore if the Civill Migistrate punish not with death such as in their judgement deserve it they order that the Church may excommunicate the offender not onely for his crime but as suspect to have corrupted the Temporall Judge If no remedy by them can be found that is by the Magistrates then justly may the Church pronounce the offender excommunicate as one suspect besides his crime to have corrupted the Judges revengers of blood Order of excommunication in the Psalm Booke So that if the Civill Judges thinke not fit to proceed against every one whom they hold a capitall offender not only the reputed offender shall be excomunicate but in the publication of the Sentence the Judges shall be openly defamed as corrupt and that upon a suspition thus weakly grounded 7 They determine that the Temporall Magistrate is bound to punish Adultery with death by Gods own Law It is cleerly knowne to us that N. somtimes baptized in the name of the Father of the Sonne and of the Holy Ghost and so reputed and counted for a Christian hath fearefully fallen from the society of Christs body by committing of cruell and wilfull murther or by committing filthy Adultery c. which crime by the Law of God deserveth death Order of Excom. in the Psalm Book Blasphemy adultery murder perjury and other crimes capital worthy of death ought not properly to fall under censure of the Kirk because all such open transgressors of Gods Law ought to be taken away by the Civil Sword 1. Book of Discip. Head 7. Marriage once lawfully contracted may not be dissolved at mans
THE TROJAN HORSE OF THE Presbyteriall Government VNBOVVELLED Wherein is contained I. The power of the Presbyterian Government II. The persons in whom this power is placed III. The exercise of the Presbyterian power in Scotland and the Lawes there imposed on the peoples necks Printed in the Yeere 1646. THE TROJAN HORSE OF THE Presbyteriall Government Unbowelled OF the Scottish Form of Church-Government I have observed That it hath been the studious endeavour of many men to procure the establishment of it amongst us as appears by the importunity of divers Petitions to that purpose presented to the Parliament and that upon pretence that they are thereto engaged by the Solemne League and Covenant I note also That the Parliament hath artificially declined the establishment thereof by ordaining Commissioners in every County to superintend the proceedings of the Presbyteries and to receive Appeals from them and by reserving the Supreme Power of the last sentence in themselves and that they have so firmely adhered to this their Ordinance as that they could not be removed from their resolution by the most potent sollicitations This great difference of judgement between persons so considerable hath induced me to use my best diligence to understand the nature of that Government about which they doe so perniciously disagree To that end I have carefully informed my judgement by considering the Frame of it an it is set downe in that Modell of Discipline which is contained in their Psalme-Book and in the two Bookes of Discipline and the Confession of their Faith some of which I know and all of them I beleeve to be now the Muniments of that Church If they be I think I have truly collected from them that their Church-Government is pernicious to Civill Power grievous to such as must live under it and apt to disturb the common Peace and that therefore those that are so earnest for it at the best doe but aske they know not what and that the Parliament have reason to deny their requests If they be not they are the more to blame that seek to obtrude that yoke upon us and inforce it by the obligation of an Oath which they regard not before hand to acquaint us with that we may knowingly as men and Christians resolve what is fit for us to doe Howsoever I have determined to put into this Form my Collections concerning that Government and Discipline together with the Grounds from whence they are drawne that they may be to my selfe a testimony that I have not neglected the meanes of mine own information if any others shall happen to see them that they beholding at once the inference and the evidence may pronounce as they shall find cause And I shall observe this order to consider severally First the Power which the Scots challenge as due to their Form of Church-Government and what Bounds they set betweene it and the Civill Power Secondly the persons in whom it is placed Thirdly the manner how it is exercised and the Lawes which it imposeth on the people Of the Power of the Presbyterian Government THere are but two wayes to bound it that it overflow not all The one the subordination of the Nationall Assembly to an Oecumenicall and though I know nothing to the contrary but that they acknowledge this subordination yet no use can be made of it as things now stand because in these sad divisions of Christendome a generall Councell cannot be called The other the sobordination thereof to the Civill Power which being the onely meanes to keep them within their limits it is necessary to consider what respect the Presbyterians give unto it They would seem to ascribe much to the Civill Magistrate for they acknowledge that the Civill Power is Gods Ordinance which they that goe about to take away or confound are enemies of mankind and of Gods expresse will that the Civill Magistrates are to be highly esteemed that to them chiefly and principally the conservation and purgation of Religion appertaineth and therefore it is sinfull to resist them Large Confes. of Faith Artic. 25. They affirme That the Ministers and others of the Ecclesiasticall Estate are subject to the Magistrate Civill in externall things and that the Civill Power may command the Spirituall to doe their office according to the Word of God 2. Booke of Discip. Chap. 1. They say It appertains to the Office of a Christian Magistrate to make Lawes and Constitutions agreeable to Gods Word for the advancement of the Kirk and Policy thereof without usurping the power of the Keyes 2 Booke of Dis. Chap. 10. Yet if the matter be well examined it will be found that all these faire words are but like Mercuries piping to bring Argus asleep For 1 They challenge a power absolute and independent of the King to convene in Assemblies at their owne pleasure and to appoint the time and place themselves Hear their own words All the Ecclesiasticall Assemblies have power to convene lawfully together for treating of things concerning the Kirk and pertaining to their charge They have power to appoint times and places to that effect and at one meeting to appoint the diet time and place for another 2. Booke of Discipline Chap. 7. 2 They claime power to themselves to make Constitutions Ecclesiasticall without the consent of the Christian Magistrate For this orders cause they may make certaine Rules and Constitutions appertaining to the good behaviours of all the Members of the Kirk in their vocation 2. Book of Discipline Chap. 7. 3 They claim power to abrogate the Lawes of the Land touching Ecclesiasticall matters if they judge them hurtfull or unprofitable For so they say They have power also to abrogate and abolish all Statutes and Ordinances concerning Ecclesiasticall matters that are found noysome and unprofitable and agree not with the time or are abused by the people 2. Book of Discipline Chap. 7. 4. They require the Civil Magistrate to be subject to this their Power To Discipline must all the Estates within this Realme be subject as well the Rulers as they that are ruled 1. Booke of Discipline Head 7. As the Ministers and others of the Ecclesiasticall State are subject to the Magistrate Civill so ought the person of the Magistrate be subject to the Kirk spiritually and in Ecclesiasticall Government 2 Book of Dis. Chap. 1. As Ministers are subject to the judgement and punishment of the Magistrate in externall things if they offend so ought the Magistrates to submit themselves to the Discipline of the Kirk if they transgresse in matters of Conscience and Religion Ibidem The Nationall Assemblies of this Countrey called commonly the Generall Assemblies ought alwaies to be retained in their own liberty and have their owne place with power to the Kirk to appoint times and places convenient for the same and all men as well Magistrates as Inferiours to be subject to the judgement of the same in Ecclesiasticall causes without any reclamation or appellation to any Judge Civill
pleasure as our Master CHRIST JESUS doth witnesse unlesse adultery be committed which being sufficiently proved in presence of the Civill Magistrate the innocent if they so require ought to be pronounced free and the offender ought to suffer death as God hath commanded 1. Booke of Discip. Head 9. SECT. of Marriage If this be true then for ought I see we are bound to all the Judicialls of Moses as well as to this which is one of them as namely to punish theft not with death but restitution besides many other touching inheritances purchases and other temporal things which would cause infinit changes and confusions in our Temporall Lawes 8. They hold it unlawfull for the Civill Magistrate to pardon capitall offenders In the feare of God we signifie unto your Honours That whosoever perswades you that ye may pardon where God commandeth death deceives your soules and provokes you to offend Gods Majesty 1 Booke of Discip. Head 9. This puts such a tye upon Princes as robs them of the exercise of their noblest vertue mercy inclines offenders to be desperate and in such distracted times as this may prove destructive to the Kingdome 9. They exact it as a duty of a Christian Magistrate that if need require hee maintaine the Ministery with his owne Rents It pertaines to the Office of a Christian Magistrate to see that sufficient provision be made for the Ministery the Schooles and the Poore and if they have not sufficient to await upon their charges to supply their indigence even with their owne Rents if need require 2. Booke of Discipline Chap. 10. Compare but this with the power which the Presbyterians claime over the Civill Magistrate and it will appeare that their Discipline will allow them to be Judges whether need require that the Ministery should be maintained out of the Kings Rents and if they finde that it doe then to pronounce that it is his office and duty to make the allowance and to compell him to doe his office by the Churches censures and warrant his Subjects to take Armes against him if he shall obstinately refuse This is a compendious way for them to cut themselves large Cantells out of the Kings Revenues 10. They distinguish the object of Civill and Ecclesiasticall power not by the matter it selfe which may be the same in both but by the divers ends proposed by the severall powers The Magistrate commandeth externall things for externall peace and quietnesse amongst the Subjects the Minister handleth externall things onely for conscience-cause 2. Booke of Discip. Chap. 1. Here both the Minister and Magistrate deale with the same externall things and the difference is onely in the end So that by their Platform they may deal with all Civil Causes for a Spirituall end which the Pope usually expresses with this clause In ordine ad bonum Spirituale and these men to the same effect In ordine ad bonum Ecclesiae But both he and they doe by this distinction usurp upon the Civill Magistrate Of the Persons in whom this Power is placed THis power is in the Scottish Platforme put into the hands partly of the Ministers of the Parishes throughout the Kingdom who admit no Superiority of one over another but a parity and equality of all and partly of Lay-Elders who meddle not with the administration of the Word and Sacraments but are chosen by the people out of every Parish to joyne with the Ministers in the Government of the Kirk and all Government and Discipline is exercised joyntly by them by plurality of voices in the severall Parishes by the Ministers and Lay-Elders of the same who are subordinate to a Classis made up of the Ministers and Elders of the Parishes within the bounds thereof as the severall Classes are to the Provinciall Assembly consisting of Ministers and Elders chosen out of every Classis within the Province and Provinciall Assemblies are in like manner subordinate to the Nationall Assembly consisting of such a number of Ministers and Lay-Elders as the same Assembly shall thinke fit chosen out of all the Provinces of the Kingdome and this Nationall Assembly since Oecumenicall Councells cannot be hoped for acknowledgeth no Superiour upon earth All these points if things so much acknowledged need it are proved by these ensuing Authorities The parity of Ministers As to Bishops if the name {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} be properly taken they are all one with the Ministers 2. Booke of Dis. Chap. 11. The conjunction of Lay-Elders with them in the Government It is not necessary that all Elders be also Teachers of the Word 2. Booke of Dis. Chap. 6. Their office is as well severally as conjunctly to watch diligently upon the flock committed to their charge both publikely and privately that no corruption of Religion or manners enter therein Ib. Their principall Office is to hold Assemblies with the Pastors and Doctors who are also of their number for establishing of good order and execution of Discipline unto the which Assemblies all persons are subject that remaine within their bounds Ib. In assembling the people neither they without the Ministers nor the Ministers without them may attempt any thing Psalm Book Tit. Of the Elders c. The Pastors or Ministers chiefe office standeth in preaching the Word of God and ministring the Sacraments so that in consultations judgements elections and other politicall affairs his counsell rather then authority taketh place Ibid. Titl of the Ministers office and duty The Elders being elected must be admonished of their office which is to assist the Ministers in all publique affaires of the Kirk to wit in determining and judging causes in giving admonition to the licentious liver in having respect to the manners and conversation of all men within their charge Yea the Seniors ought to take heed to the like manners diligence and study of their Ministers If he be worthy of admonition they must admonish him of correction they must correct him c. 1 Booke of Discip. 8. Head Of the election of Elders c. Their election by the people Men of best knowledge in Gods Word and cleanest life men faithfull and of most honest conversation that can be found in the Kirk must be nominate to be in election and their names must be publiquely read to the whole Kirk by the Minister giving them advertisement that from amongst them must be chosen Elders and Deacons Ibidem If any man know other of better qualities within the Kirk then these that be nominated let them be put in election that the Kirk may have the choice Ibid. It pertaineth to the people and to every severall Congregation to elect their Minister 1 Booke of Discipline 4 Head Of Ministers c. And because this order which Gods Word craves cannot stand with Patronages and presentation to Benefices used in the Popes Kirk we desire all them that truely feare God earnestly to consider that for as much as the names of Patronages and Benefices together with the