was contrary to the dissent protestation of this kingdome now removed by a violent death and that by the Lords blessing there was left a righteous heire lawfull successour Charles Prince of Scotland VVales now king of Great britane france and Irland did unanimously and chearfully in recognisance and acknowledgement of his just right title and succession to the Crown proclaime and declare to all the world that he was king of great britan c. their Soveraigne Lord and king at the mercat Crosse of Edenburgh with all usuall Solemnities in like cases ordaining the same to be done in like manner in all the brughs Royall Immediatly there are Commissioners sent over to his Maj. while at the Hague in Holland when these returned without satisfaction there are againe the next year 1650 Commissioners sent to him while at Breda At length he promised to publish testify by solemne oath his approbation of the Nationall Covenant of Scotland of the solemne league Covenant And accordingly before he came a shoar in Scotland being in Shipboard at the mouth of Spey on the Lords day the 23. of Jun 1650 in presence of the Commissioners of the kingdome Church of Scotland severall others both Scots English after Sermon the Nationall Covenant the solemne league Covenant being read by the minister that preached He standing lifting up his right hand swore the same in the words following which had been determined by the Parliament by the Commissioners of the Generall assembly of the Church of Scotland in their Instructions to their Commissioners subjoyned to Both the Covenants I Charles king of Great Britaine France Irland do assure declare by my solemne oath in the presence of the Almighty God the searcher of hearts my allowance approbation of the Nationall Covenant of the solemne league Covenant above writen faithfully oblidge my self to prosecute the Ends thereof in my station calling that I for my self successours shall consent aggree to all acts of Parliament enjoyning the Nationall Covenant solemne league Covenant fully establishing presbiteriall governement the Directory of Worship confession of faith Catechismes in the kingdome of Scotland as they are approven by the Generall assembly of this kirke Parliamet of this Kingdome And that I shall give my royall assent to the acts of Parliament enjoyning the same in the rest of my Dominons And that I shall observe these in my own practise family shall never make opposition to any of these on endevour any change thereof And immediatly subscribed the same And thereafter August 16. 1650. he emitteth a Declaration from Dumfermeling wherein he expresseth much of his affection to the Covenanâ—… Covenanters dèclareth that he hath not sworne subscribed these Covenants entred into the oath of God with his people upon any sinister intention crooked designe for attaining his own ends but so far as humane weakness will permit in the truth sincerity of his heart that he is firmely resolved in the Lords strength to adhere there to to prosecute the ends thereof c. In order to which he doth in the first place professe declare that he will have no friends but the friends of the Covenant And therefore as he doeth now detest abhorre all popery Superstition Idolatry together with prelacy all errours heresy schisme profaneness resolveth not to tolerate much lesse allow any of these in any part of his Maj. Dominions but to oppose himself thereto to endeavour the extirpation thereof to the outmost of his power So doth he as a Christian exhort as a King require all such of his subjects who have stood in opposition to the Solemne League Covenant worke of Reformation upon a pretence of kingly Interest or any other pretext whatsoever to lay down their enmity against the cause people of God to cease to prefer the Interest of man to the Interest of God which hath been one of these things which hath occasioned many troubles calamities in these kingdoms being insisted in will be so far from establishing of the Kings Throne that it will prove an Idole of jealousy to provoke unto wrath him who is King of Kings Lord of Lords The king shall alwayes esteem them best servants most loyall subjects who serve him seek his greatness in a right line of subordination unto God giving unto God the things that are Gods unto Caesar the things that are Caesars resolveth not to love or countenance any who have so litle conscience piety as to follow his Interests with a prejudice to the Gospell kingdom of Jesus Christ which he looks not upon as a duety but as flattery as driving self designes under a pretence of mantaining royall authority greatness he resolveth to live die with his loyall subjects in prosecution of the ends of the Covenant He doth esteeme the service of those who first engadged in the Covenant have since that time faithfully followed the ends thereof to be duety to God loyalty to him So Jan. 1. 1651. on the day of his coronation the Nationall covenant the Solemne league covenant being read unto him he swore them in this following oath which he took in behalf of himself his successours kneeling holding up his right hand which oath with both covenants he afterward did subscribe I Charles King of Great Britane France Irland do assure declare by my solemne oath in the presence of Almighty God the searcher of hearts my allowance approbation of the Nationall Covenant of the Solemne League Covenant above writâ—…h And faithfully obleidge my self to prosecute the ends thereof in my station calling And that I for my self Successours shall consent aggree to all Acts of Parliament enjoyning the Nationall Covenant the Solemne League Covenant fully establishing Presbyteriall Governement the Directory of worship Consession of Faith Catechismes in the kingdome of Scotland as they are approven by the Generall Assemblies of this kirk Parliament of this kingdom And that I shall give my royall assent to Acts and Ordinances of Parliament passed or to be passed enjoyning the same in my other Dominions And that I shall observe these in mine own practise and family and shall never make opposition to any of those or endevour any change thereof Thus had the Church of Scotland all the security imaginable from a Prince that Prelats should never have footing againe within that kingdome that the begun worke of Reformation should be still carried on through the other Dominions But when Scotland out of conscience to their covenant had sent for the king the Sectarian party in Iuly 1650 approach their borders with an Army thereafter overcome them in battell shedeth much of their bloud leadeth many both commanders
zealous Christian of servant of Christ consent unto this dreadfull incrouchment usurpation by subscribeing any oath which might import the same Who can but hear of it his heart not tremble Let all the arguments which the reformed divines make use of against the usurped headshipe of the Pope be considered they will with equall strength militat against this usurpation justifie the refuseing of this oath upon that account yea Arminius himself disp de pontif Rom. Thes 3. sayeth that the Church hath but one head otherwise she should be a monster 2. By this meanes they should upon the matter licke up popery which they have abjured againe againe for none will say that they have abjured such a piece of popery only as it was seated in the head of the man with the treeple crown that sitteth at Rome not simply in it self as a blasphemous tenent No reformed divine writeth against the Popes supremacy headshipe as a power usurped by him to the prejudice of some one prince or other but as a heigh insolent usurpation of that which belongeth unto him who is King of Kings Lord of Lords for this were not to speak against an incroachment made upon the privileges prerogatives of the King of his Church but against some civil wrongs done to a neighbour prince or state indeed the adversaries are not ashamed to say that the Pope in his usurpation of this Church jurisdiction wronged not Christ but more immediatly the King Princes unto whom that power did belong of right before therefore they say that King Henry 8. assumed but his own back againe that he neither took nor did the Parliament give him any new power which did not belong to him before So said Heylyn as was showne But if any should assent unto this they should consent only unto the change of the pope but not unto the change of the Popedome should shake off an ecclesiasticall Pope submit unto a civil Pope For Zepp◅rus speaketh with reason when he sayeth P◅lit Eccles. Lib. 3 c. 13. Quando tota Doctrinae cultus c i. e. When all the matter of Doctrine worship as also of the constitution of the Church is ordered according to the pleasure of the Prince alone the counsell advice of the ministers of the word of their synods being despised when such are declared rebels who will not assent unto all that which these polititians do when the whole Government of the Church is made over to them almost by an apostolick authority who only exerce an externall politicall power on the outward main Then doth themagistrat goe beyond his bounds the Popedomeis not taken away but changed yea made twofold worse yea the Arminians in their apologie do call this the very heart marrow of Popery which being granted all his other usurpations do necessarily follow 3 By this means they should grant that ministers is the very discharge of their ministeriall function are subordin◅ unto the supreme Magistat his power acting under him as his servants commissioners This is clear in the exercise of jurisdiction discipline The prelats are his Maj. Commissioners in matters of discipline they receive their commission from him to depose to silence to excommunicate so also they must Acte as his commissioners in lesser censures as in publick rebuking for sin the like seing both the keyes of doctrine discipline were given at once if the key of jurisdiction or discipline come from Christ mediatly from the King immediatly so must the key of doctrine for the scripture sheweth no distinction none may separat the keyes which Christ hath tyed together thus every minister must come forth preach exhort rebuke censure ex communicate not in the name of Christ immediatly but in the name of the King But to this they could not assent therefore they could not take the oath 4. By this meanes they should grant that the supreme Magistrat himself might immediatly in his own person rebuke publickly the scandalous debarr from the sacraments depose suspend excommunicate for what his commissioners do by vertue of a commission from him that he may do himself immediatly But this could no be yeelded to there being not the least warrand for it imaginable out of the word but much against it therefore none except an Erastian or Arminian will condemne such as refuse an oath which would import this see Voetius de politia ecclesi pag. 146. arg 12. 5. By this meanes they should have upon the matter opened a door unto the King 's bringing into the Church what popish rites externall superstitious ceremonies he pleaseth◅ By the act for the nationall Synod he hath as an inherent in the crown the ordering disposall of the externall government of the Church power to settle all things concerning doctrine worship discipline government by the advice of the nationall Synod which is but as his Councell so that the whole power of ordering setling the matter of the worship is in his own hand it was upon this ground that the former prelats did warrand their use of the ceremonies his supremacy was a basis unto this So said Camero in his prael Tom. 1. pag. 370. 371. Tom. 2. pag. 41. That in all things perteineing to externall order in religion Kings may command what they will pro authoritate And thus they should consent unto opening of a door unto all the trash of Rome the significāt ceremonies that are there for if the King have such power what ceremony may he not bring in who is there to controle him in any thing of that kinde who may ask whether lawfull or unlawfull seing no question he himself will call all that which he doth most lawfull he is not without the compasse of his power or authority or calling when he appoynteth the use of those ceremonies if he be thus rector Ecclesiae Now who can acknowledge that any such power doth belong unto the supreme Magistrat to institute any significant ceremony or part of God's worship this being the very sin of Ier◅oam 1. King 12 28 33. It was his fault to devise of his own heart those ceremonies of sacred signes places or persons times And therefore they could not take such an oath be guilt◅sse 6. By this meanes they should have granted that he had power to change the whole frame of religion so give way unto his bringing in the whole body of popery or what he would for by this oath he should have granted unto him the supreme power in matters concerning doctrine worshipe discipline government It was charged upon the Church of England by some adversaries that the great alteration of their religion that was made from popery to the truth back againe to popery so forth in the dayes of Henry 8. Edward
reason they ought to be if he be King head of his Church He must have no more liberty to exerce his jurisdiction by the Ministery of his inferiour officers within their dominions territories then seemeth good in their eyes The discipline of his house must be exerced only in so far as they think good to permit And thus it is undeny able that they look on Christ as an evil neighbour as no good friend to Caesar They think his Kingdom is of this world therefore it must have no place within any of their Kingdomes territories Thus thou seest that in end the controversy cometh to this Whether Christ or man shall reigne in the Church as head supream Governour thereof And whether the interest of Christ or of man shall be preferred And to preferre the interest of a man unto the interest of Christ hath heretofore been accounted malignancy of the deepest dye But what shall become of this controversie how shall it end Are they or shall they be able to put our Lord from his throne out of his possession No he is set upon the holy hill Zion by a mighty hand his inheritance among the heathen is given to him by a surer deed of gift then that he should be so easily put from it He hath a rod of yron that will dash in pieces as a potters vessel all his enemies be they never so great mighty He is too strong a party for all the potèntats mighty ones of the earth therefore this which is the grand controversy of those times shall must be decided in favours of those who stand upon Christ's side maintaine his right he is a strong captaine will run thorow all the hosts of his adversaries Christ's sufferers then may rejoyce what ever affliction they are or can be put to endure for this cause which is a cause that doth highly concerne Christ the royall prerogatives of his crown Kingdome his glory as he is the only head of â—…his Church seing they may certanely expect the victory â—…re all be done And seing as famous worthy Mr 〈◊〉 in the preface to his Aaronâ—… rode blossoming sheweth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Christ is 〈◊〉 King hath a Kingdome 〈◊〉 in his Church distinct frâ—…m the Kingdoms of the world 〈◊〉 civil Governmeâ—… 〈◊〉 this commendation and 〈◊〉 â—…oue all â—…hen 〈◊〉 that Christ himself suffered 〈◊〉 the 〈◊〉 〈◊〉 and sealeâ—… it with his blood For it may be 〈◊〉 fâ—…om the 〈◊〉 of his passion that this was the only pâ—…nt of 〈◊〉 〈◊〉 was 〈◊〉 And avouched by 〈◊〉 〈◊〉 Joh. 18 33 36 37. and Luk. 23 3. was most aggravated prosecuted and driven home by the jewes Luk. 23 2. Joh. 19 v. 12 15. Was prevalent with Pilat as the cause condemning him to die Joh. 19 12 13. And was mentioned also in the superscription upon his crosse Joh 19 19. And although in reference to God and in respect of satisfaction made to divine justice for our sinnes his death was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a price of redemption yet in reference to men who did persecute accuse and condemne him his death was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a martyr's testimony sealing such a truth Thus he Christ is a good second will not suffer any who contend for his crown throne scepter privileges roy all prerogatives of his Kingdom to be put to the worse If he pleade for any cause we may be sure he will plead for his own Let not then his constant valient sufferers feare for greater is he who is with for them then they who are against them Christ alone is more then match party against all Kings princes potentats Parliaments popes prelats Kingdomes armyes Yea all the Posse of devils men Therefore they may be assured that he his cause shall be victorious For he must reigne untill all his enemies be made his foot stool 5. Thou mayest see That the truth for which thou dost suffer is a truth which is after godlinesse tending to the promoveing of piety of the power of godlinesse Whileas the contrary cause course leadeth to all prophanity debauchery as experience doth this day evidently undenyably prove this is no small ground of comfort for the way which is not of for God cannot stand You may pray against your adversaries as really wicked driveing on a designe of wickednesse which is evidently demonstrated by their acts actings Their enmity against opposition unto godly faithfull Zealous able conscientious Ministers of the Gospell unto Christian meetings exercises As also their pressing of Godly conscientious persons unto perjury blasphemy which is the height of wickednesse do put the matter beyond all doubt And is not this enough to make thy soull loath stand a loos from these wayes And to blesse God for his preserving thy soull from their counsels courses so from partaking of their judgments which doe certainly make haste For God is of purer eyes then to look upon iniquity Therefore he will not alwayes look on these that deal treacherously hold his peace when the wicked devoureth the man that is more righteous then he The Lord hath ordained them for judgment the mighty God hath established them for correction when Agâ—…silaus did hear that Tissaphâ—…rnes a captaine of Persia had broken his Covenant which he had made with him was raiseing an army to come against him he was very glade said se magnam habâ—…re gratiam Tissapherni quod perjurio suo deos homines sibs infensos reddidisset adversae vero parti propitios He thanked him heartily that by his perjury he had made both God man angry at himself favourable to him and his cause may not his people be perswaded that God iâ—… this day displeased with the Covenant breakers who are not satisfied with their own treacherous dealing perfidiousnesse but will have all others intangled in the same guilt 6. Thou mayest see that Action which is now so much branded with the vile contemptible names of treachery rebellion I mean Scotlands defending of it self against its bloody enemies cleared from all these imputations foule calumnies changes of times make many Changes in peoples judgement at this time it may be feared that many have Changed their opinion because they see the watter runing in another channell then it did formerly are now ready to condemne these noble worthies valient champions who jâ—…oparded their lives unto the death in the high places of the field have shed their blood in that cause which is a more grievous guilt then many do now apprehend But here thou seest how little cause there is for condemning that Action Yea what necessity there was laid upon Scoâ—…l to stand to their defence as they would not have betrayed the cause interest of Christ which they
Maj. in his letter viz that there should be constant moderators in presbyteries chosen that where the bishops did reside they should moderate both in Synods presbyteries is concluded some cautions added but to no purpose for there was a clause annexed which did cast all loose viz that if either upon his Maj. advyce proposition to the assembly or upon their own supplication the Generall assembly were moved to grant a relaxation of any of the Caveats that then their promise should make no derogation to their liberty Synods presbyteries refused to owne this Act but at length were charged to obey under the paine of treason Anno 1608. There was another Assembly at Lithgow July 26. but did no good thereafter there were some conferences at Falkland Sterlin but to no purpose the intended businesse was still carried on Anno 1610. Juny 6. There is a meeting at Glasgow unto which resorteth all the constant Maderators who had their hundreth pounds per annum and they bring with them other two ministers such as they liked whom the king desired by his letters The king had three Commissioners there The Earle of Dumber was sent thither with a strong guard to affright the ministers so as severall ministers coming out of the west with a purpose to protest were forced to returne back againe There was also money brought thither to hire votes Mr Spotiswood sayeth it was to pay the constant Moderators their due But Mr Lawder in Coberspath was no moderator yet he came to the Earle complained that though he travailed furdest and had least to live upon though his vote was as good as the best yet he was neglected to whom the Earle replyed that he was too late in coming asking his purse-master what was left he findeth there was nothing but seventeen Shillings Sterlin to give him Come sayeth Mr Lawder let me have it it will help to bear my charges homeward And the Non-liquets got nothing At this corrupt meeting it is concluded 1. That the indiction of all Generall Assemblies belonged to the king by the prerogative of his Crowne without his license all such meetings were unlawfull 2. That Synods should be moderated by the Prelats or some appointed by them 3. No excommunication or absolution without the Bishops approbation direction who is answerable to God to his Maj. for his proceedings 4. All presentations must be directed to the Prelats 5. That he with some associated should silence depose ministers 6 That every minister at his entry should swear obedience to his Maj. to his ordinary as it was ordained Anno 1571. 7. If any minister absente himself from the Bishops visitation he shall be suspended if he amend not deposed 8. That the exercises or quondam presbyteries should be moderated by the bishops or whom they will appoint And 9. That no minister speak against any of the foresaid acts in publick nor dispute about the equality or inequality of ministers This yeer also was the High Commission instituted proclamed by a Herald giving power to the Archbishops to depose excommunicat imprison fine confine for causes Ecclesiastick whether in Doctrine or manners whether in Noblemen ministers or common people When the meeting at Glasgow is dissolved Mr Spotiswood of Glasgow Mr Lamb of Brichen Mr Hamilton of Galloway go to London there are consecrated the 21 of Octob. when they returne they consecrate the rest then all of them domineer over the people over the faithfull ministers Anno 1612. a Parliament conveened which ratified all the acts of that meeting at Glasgow inserted in their Registers the oath which every minister at his admission was to swear thus I A B. admitted to the Kirk of D. testify declare in my conscience that the right excellent right High mighty Prince Iames the sixth by the grace of God King of Scotland c. is the onely lawfull supreme Governour of this Realme as well in matters Spiritual Ecclesiastick as in things temporall that no forraigne Prince State nor Potentate hath or ought to have any Jurisdiction Power Superiority Preheminence or authority Ecclesiasticall or Spirituall within Realme And therefore I utterly renunce forsake all forraigne Jurisdiction Power Superiorities authorities promise that from this forth I shall will bear faith true allaidgeance to his Highnesse his aires lawfull successours And to my power shall assist defend all Jurisdictions Privileges Preheminences authority granted belonging to his Highnesse his aires lawfull successours or united annexed to his Royall Crown And furder I acknowledge confesse to have to holde the said Church possession of the same under God of his Maj. his Crown Royall of this Realme And for the saids possessions I do homage presently to his Highnesse in your presence to his Majesty his aires lawfull successours shall be true So help me God And also I A B. now admitted to the Church of C. promiseth sweareth to E. F. Bishop of that Dioecy obedience to his successours in all things lawfull So help me God Anno 1616. There was a meeting of the ministers at Aberdeen appointing that a book of Common Prayer be made that children should be confirmed by the bishops or visitors in their name But the year before this the former commission for the High commission was renewed instead of the two Courts in the two Provinces of Saint Andrews Glasgow there is one appointed consisting of 55 or 56. one of the Archbishops is sine quo non he other five may do all Such as refuse to compeer are sisted by force by the Sherifs other magistrats They meddle with blasphemie heresy schisme errour Idolatry simony lotry absence from the Liturgy on holy Dayes perjury incest adultery fornication rapes clandestine marriages stricking of clergy men speaking against their meetings They have power to excommunicat silence depose sine imprison confine as long as they please the Secret Councell must pursue the contumacious as rebells Anno 1617. A Parliament conveeneth at which the King himself is present maketh an act That whatsoever his Maj. should determine in the externall governement of the Church with the advyce of the archbishops Bishops a competent number of the ministry should have the strength of a law when the honest ministry hear of this see thereby a door opened for bringing in all the English-popish Ceremonies they give in a Protestation against the same which when the king heareth he causeth the Clerk passe by that act when he was to read all the rest And now the king is violent for the Ceremonies chideth the Archbishops for not receiving the five articles as he commanded the former year and they promise to do it if he would indict a Generall assembly And upon Mr Galleway's undertaking the king indicteth a meeting at St
souldeours away captives keepeth them in bondage full ten years Under which oppression they lay groaning wishing for a day of delivery At length after ten years exile the Lord returned their prince without stroake of sword and setled him upon his throne which occasioned great acclamations of joy through the whole land seing that now the yoke of the oppressour was brocken and the Lord had restored to them in a wonderfull unexpected maner their law full judges and governours Now were people filled with hops of good and desirable dayes both for Church and State But alace how suddainly are all their hopes turned into fears and their joy into mourning how are their faces filled with confusion because of the sad disappointment which now they did meet with Their yoke beginneth now to be wreathed more straitly about their necks then ever their bondage and oppression in conscience groweth they see with their eyes the glorious worke of Reformation which had been wonderfully carried on by the mighty power of the most High cemented with the bloud of his Saints who spared not their lives in the defence maintenance of that cause both against malignants Sectaries razed to the very foundation the carved worke thereof brocken down with axes hammers at once and all things growing dayly worse worse Some particulars where of though the calling to minde making mention of such sad doolfull things will occasion fresh sorrow grief to the people of God as the purpose in hand will suffer shall be mentioned in the following Sections SECTION III. The grounds of the sufferings of such as were incarcerated by the Committy of Estates the 23 Day of Agust 1660. discovered AFter God had broken the yoke of the oppressours had restored their own governous it might have been expected that justice should have flowed down as a river and when the committe of Estates which had been nominated Anno 1651. Were commanded by his Maj. to sit order the affaires of the Kingdome untill the ensueing Parliament should meet every one might have been in expectation of some good following their governement But alas their little finger becometh heavier then the loyns of the former oppressours A litle taste of which there is given on the very first day of their sitting downe for upon the 23. Day of August 1660. While there were some faithfull Zealous servants of Christ to the number of Ten Ministers with one Gentleman met in a private house where they resolved to meet that they might give the lesse offence for the drawing up of a supplication unto his Maj. wherein after their congratulating his Maj. returne they in all humility presse exhort him in the fear of the Lord to minde his oaths unto covenants with God a very necessary seasonable work The committee of Estates sent thither some of their number to apprehend those persones to take them to the castle of Edenburgh where they abode for the space of some weeks were afterward except Mr Guthry confined to their chambers in the towne for some considerable time This was a terrible alarme unto the hearts of the godly presaging sad doolfull dayes to follow when at the very first there is so much cruelty exerced against these faithfull zealous servants of Christ who were evidenceing their love respect unto their Prince in mindeing him of his vowes which he had made unto the most high of his duty which he did owe unto God who had so wonderfully delivered him for which no colourable pretence could be allaidged save one of those Either that their meeting was not warranted by the lawes of the land or that they were about a sinfull work The first could not be allaidged with any colour of law because there was no standing law then in force against such meetings for whatever law ther was of that nature before was made null void by posterior acts of Parliament which posterior acts were not as yet resciâ—…ded and further what great wrong was it for so many ministers to meet together in a privat chamber for such an end when as many moe prophane persones will be suffered to meet dayly to drink debauch and what could these worthies have suspected now seing the like liberty was enjoyed while the land was under the feet of oppressours might not they in reason have expected as good quarters at the hands of their own governoursas they gote from stangers enemies But it is like the work they were about gave offence it is true they were pleased to brande it with the names of treason sedition but whether it was so or not the reader will be better able to judge when he hath pondered considered the true copy of their supplication which is here following Most gratious dreed soveraigne We your Maj. most humble subjects considering the duty which as Christians we owe to our Lord Iesus Christ who is king of kings Lord of Lords and which as subjects we owe unto your Maj. as our native lawfull king under him We do hold ourselves bound to tender unto your Maj. this most humble addresse supplication How hatefull the actings of the late usurped powers in offering violence to the Parl. of Engl in their unchristian barbarous murthering of your royall father in their insolent changeing of the ancient civill goverment of the kingdome of Engl. and by armed violence unjustly secluding your Maj. there from In their most unjust invadeing of the kingdome of Scotland inthralling of the same in subjection to themselves and beyond all their impious incroaching on the kingdome of Iesus Christ the liberties thereof and in promoteing establishing a vast tolleration in things religious throughout those nations unto the perverting of the precious truthes of the Gospell defaceing of the ordinances of Iesus Christ opening a wide door to all sorts of evill heresy schisme imprety prophanenesse How abhominable these things were to us the Lord who searcheth the heart tryeth the reâ—…es doth know against which we gave many publike testimonies before the world to witnesse our abhorrence thereof And the same Lord knoweth that as we did earnestly pray for breath after his appearing to witnesse against those so saveing that Christian pity and compassion we owe to the persones of men though our very enemies we rejoyce in his putting down of them that did set up themselves in staineing the pride of their glory in breaking the yoke of their power from off the necke of these Kingdomes We hold our selves also bound thankfully to acknowledge the Lord's signall preserving of your Maj. person in the middest of many fold dangers designes threatening the same these years past And that after long Exile from your own house people he hath been pleased to bring you back to the same And when the foundations of the ancient civill goverment were overthrown againe
to make way for repaireing of the ruines building up the breaches thereof for establishing the same on right sure foundations in your Maj. person family and to do those things when they were so litle expected in so quyet peaceable a way and without the effusion of Christian blood imbroyling the Kingdomes in the misery calamities of a new war And as we adore the wonderfull wise hand of God blesse his name who hath done these things so it is not only our practice for the present but our sincere resolution for the time to come to pouâ—… forth the fervent desires supplicatioâ—… of our soull unto the most high by whom kings reigne for the preservation saiftie of your Maj. person for the multiplication of his spirit increase of it upon you that you may imploy your power to his praise the comfort of his people for the Establishing of your just power greatnesse in subordination to him to be faithfull loyall rendering all the dutyes of honour subjection obedience to your Maj. that are due from humble loving subjects unto their native lawfull prince soveraigne And we desire to be perswaded with confidence to promise to ourselves that your Maj. will accept of those our professions as proceeding from loyall honest hearts allow us the protection countenance incouragement in our station callings that may be expected from a gracious king And considering the great happinesse that ariseth both to kirk and state all the members thereof by the mutuall good understanding betuixt the supreme Magistrat the faithfull of the land when it pleaseth divine providence so to dispose the many calamities miseries that in the holy justice just indignation of God do attend the separating or violating of these only sure foundations of states and 〈◊〉 kingdomes We are bold in the integrity of our hearts in the zeal of the glory of the Lord of the good of his church of your Maj. honour happinesse from the sense of manifold great obligations that be upon us before the Lord so to do particularly that of the Covenant That what lets we are not able of our selves to suppresse and overcome we shall reveal and make known that they may be prevented remedied Humbly to presente unto your Maj. and make known the great danger that threateneth religion and the work of reformation in the churches of God in these kingdomes from the desires and endeavour of the remanent of the popish prelaticall and malignant party therein which is begining to lift up the head not only to render hatefull but to bear downe many of your Maj. good subjects who have been imployed as instruments in the work have keeped within the bounds of their duty in promoveing preserving the same so far as humane frailty would permit but also to overthrow that blessed work it self and to reintroduce prelacy the ceremonies the service book and all these corruptions which were formerly cast out as inconsistent with that pure and spotelesse rule of church governement discipline and divine worshipe delivered to us in the word of God as a yoke of bondage that neither we nor our fathers were able to bear and though we know that that Spirit will not want its specious pretences plausible insinuations for compassing these ends yet as there cannot readily be greater disservice to the church of God to these Kingdoms to your Maj. honour happinesse then actings of that nature so we cannot without horrour of Spirit astonishment of heart think upon what dreadfull guiltinesse King Princes Ministers People shall be involved into what fearfull wrath shall attend them from the face of an angry jealous God if after all the light that he hath made to shine in these kingdomes from his blessed word for discovery of the error Impiety of these things after his hand hath been lifted up so high for casting out of the same after solemne vowes engadgments taken upon themselves before God angels men against them if they should againe lick up the vomit thereof God forbid that we should either hear or see such heart astonishing bitter things which would turne the mirth of the Lords people into mourning their songs into most sad lamentations Neither are we lesse apprehensive of the endeavours of the spirit of errour that possesseth Sectaries in these Nations which as it did at first promove a vast tolleration in things religious and afterwards did proceed to the frameing of mischief into a law so we doubt not but it will still be active unto the promoving procuring of the same under the specious pretext of liberty to tender consciences the effects whereof have in a few years past been so dreadfull that we cannot think of the continuing thereof but with much trembling fear Therefore knowing that to Kings Princes Rulers Magistrats appertaineth the purgation preservation of religion that nothing can contribute more unto the preserving and promoveing of religion the work of reformation then that all places of power trust be filled with men of a blamelesse christian conversation approven integrity known affection to the cause of God We your Maj. most humble supplicants subjects with bowed knees bended affections humbly supplicat your Maj. that you would imploy your royall power unto the preservation of the reformed religion in the church of Scotland in doctrine worship discipline governement for the reformation of Religion in the Kingdome of England Irland in doctrine worshipe discipline goverment and to the carrying on of the work of uniformity of religion in the church of God in the three Kingdomes in one confession of faith forme of church goverment directory of worshipe catechisâ—…ing and to the extirpation of popery prelacy superstition heresy schisme prophanesse whatsoever is contrary to sound doctrine the power of Godlinesse And that all places of trust under your Majest may be filled with such as have taken the Covenant are of approven integrity known affection to the cause of God If in a matter that so much concerneth the honour of God the good of his Church your Maj. honour happinesse we be jealous with a godly jealousy we know your Maj. wisdom lenity to be such as will easily pardon And the sense of our duty to God to your Maj. the fear of those kingdoms transgressions by building up againe the things that were destroyed constraineth us to be petitioners against the same earnestly to intreat that any beginnings of stumbling which already have been given in those things especially in the matter of Prelacy ceremonies the Servicebook in your Majesty chappell and family and other places of your Dominions may be removed and taken away And that there may be no
year 1662. or in time comeing as having no right thereto and that they do not acknowledge them for their lawfull pastours in repaireing to their sermones under the paine of being punished as frequenters of private conventicles meetings commanding chargeing the saids Ministers to remove themselves their families out of their parishes betuixt the first day of Novemb. thereafter not to reside within the bounds of their respective presbyteries This was very sad threatening no lesse then ruine to Ministers and their poor families to be put from their houses in the middest of winter to seek new places of abode not having the small stipend which was due to them allowed for to transport their families with all or to provide themselves in necessaries But yet they resolved to cast themselves on Gods providence trusting in his word accounting it better to suffer affliction with the people of God to enjoy peace of conscience then to enjoy the pleasures of sin for a season and accordingly did remove themselves By which meanes there were some hundereds of parishes left destitute the shepherds were scattered up down the land seeking a sheltering place for themselves It was a sad lamentable sight to see the sad farewell betwixt the loving pastor his beloved floke the teares the cryes and the bitter groanes that were there Now were the breasts pulled from the mouthes of the young infants the table was drawne the people were made to wander up downe the mountaines seeking the word of the Lord could not finde it they had silent Sabbaths empty pulpites some countrey sides were hereby laid utterly desolate And what could these faithfull Ministers do in this case but sigh groan to God seeing they could not in conscience yeeld obedience unto these commands therefore they resolved to be subject for conscience sake and to submit unto the punishment of banishment out of the bounds of the presbytery where they lived which was afterward made more sad for they were commanded to remove Twenty miles from their own parish Church Six miles from a a cathedrall three or foure miles from a brugh Now judge o reader whether this cruelty would not have more beseemed Turks how little cause there was for all this severity rigour to Ministers who had been endeavouring with some measure of faithfulnesse On their part fruitfulnesse through the Lor'ds blessing on their labours to enlarge the Kingdome of Iesus Christ to build up poor souls in their most holy faith because they would not give obedience unto such Acts as were but snares for the conscience to which obedience could not be yeelded without sin SECTION X. The oath of Alleagiance explained as to its civil part some reasons Against the taking thereof even upon that account adduced The act rescissory his Maj. prerogative canvassed AFter that there were some other Ministers whom the forementioned Acts did not reach removed out of some of the chief cities Brevi manu without any processe There are some wayes devised how moe of these might be removed with some colour or pretext therefore some Six or Seven were called before the Parliament at their second session and because they refused to take the oath which was tendered they were sentenced with banishment by act of Parliament ordained to remove off the Kingdome so soon as his Maj. commissioner should signify his minde the reanent But this sentence was not put in execution possibly because they saw an inconsistencie betuixt this deed an Act which they had made the former year in their first session By which all such as refuised to take that oath were to be uncapable of any publicke trust to be looked upon as persones disaffected to his Maj authority government this was all But in Decemb. 1662. The privy councell called some other Ministers before them tendered the oath unto them because of their refuiseing of the same they banished them out of all his Maj. dominions then gave them a bond to subscribe wherein they did binde themselves to remove out of all his Maj. dominions within a moneth not to returne under the paine of death otherwayes they would commit them to close imprisonment there keep them untill they had occasion to send them elswhere Whereupon these Ministers saw a necessity of subscribeing that bond of banishment Though it was very hard to binde themselves to remove within so short a time that in the midst of winter But strange it is that when the King himself by his oath at his coronation is bound to rule the land by the lawes and constitutions received therein This his councell which by the fundamentall lawes of the land as appeareth by the 12 Act of the 2 parliam of King Iames 4. whereby they are first established is to give his highness a true and essauld counsell in all matters concerning his Maj. and his realnie and to be responsall and accusable to the King and his estates of their counsell so is a judicatory subordinat unto the Parliament accountable to censur able by them would banish such as the lawes of the land did not account worthy of banishment whether they would do right if they should punish with death such a fault as by the Established lawes of the land deserved only to be punished by a fine or a summe of money let lawyers judge whether this be not an arbitrary illegall power which they have assumed any that considereth what is said the act 27. of the 2. Parliam of Char. 1. may judge possibly it was for this cause that they resuised to give an extract of their sentence although it was humbly craved But to clear what good grounds there were yet are for refuiseing to take that oath Let first the oath it self be considered compared with the former oath of alleagiance The oath now tendered is thus worded in the acts of this Parliament severall times I for testification of my faithfull obedience to my most gracious redoubted soveraigne Charles King of Great-Britaine france Irland c. affirme testify declare by this my solemne oath That I acknowledge my said soveraigne only supreme governour of this Kingdom over all persones in all causes that no forraigne prince power or state or person civill or â—…elesiasticke hath any jurisdiction power or superiority over the same and therefore do utterly reâ—…nce all forâ—…aigne power jurisdictions authorities shall at my out most power defend assist maintaine his Maj. jurisdiction foâ—…elaid against all deadly shall never decline his Maj. power jurisdiction as I shall answer to God This is the oath which they call the oath of alleagiance but is indeed very far different therefrom as will easily appear to any who will compare the same with that oath of alleagiance which King Iames treateth of in his dialogue
called God the King lately reprinted published by his Maj. royall proclaâ—…tion for the instruction of all his subjects in their duty alleagiance for thus is that oath worded I A. B. Do truely sincerely acknowledge professe tostifie declare in my conscience before God the world that our Soveraigne Lord King Iames is lawfull and â—…ightfull King of this realme of all other his Maj. dominions countreyes that the pope neither of himself nor by any authority by the Church see of Rome or by any other meanes with any other hath any power or authority to depose the King or to dispose of any of his Maj. dominions or Kingdomes or to authorize any forraigne prince to invade or annoy him or his countreyes or to discharge any of his subjects of their alleagiance obedience to his Maj. or to give license or leave to any of them to bear armes raise tumults or to offer any violence or hurt to his Maj. royall person state or government or to any of his Maj. subjects within his Maj. dominions Also I do swear from my heart that notwithstanding any declaration or sentence of excommunication or deprivation made or granted or to be made or granted by the pope or his successours or by any authority derived or pretended to be derived from him or his see against the said King his 〈◊〉 or successours or any absolution of the saids subjects from their obedience I will beâ—… faith true alleagiance to his Maj. his aires successours him them will defend to the uttermost of my power against all conspiracies attempts whatsoever which shall be made against his or their persones their crowne dignity by â—…easone or colour of any such sentence declaration or otherwise will do my best endeavour to disclose make known unto his Maj. his aires successours all treasons or treitours or conspiracies which I shall know or hear of to be against him or any of them And I do furder swear that I do from my heart abhoâ—…e detest abjure as impious hereticall this damnable doctrine position That princes which be excommunicated or deprived by the pope may be deposed or murdered by their subjects or any other whatsomever And I do beleeve in conscience am resolved That neither the Pope nor any person what somever hath power to absolve me of this oath or any part thereof which I acknowledge by good lawfull authority to be lawfully Ministered unto me And do reâ—…unce all pardons dispensations to the contray And all these things I do planely sincerely acknowledge swear according to these expresse words by me spoken according to the plaine common sense understanding of the same words without any equivocation or mentall evasion or secret reservation whatsoever And I do make this recognition acknowledgment heartily willingly truely upon the true faith of a Christian. So help me God This is the oath of alleagiance how far it differeth from the former which was lately tendered is easily discerned These few words in the short oath only supreme governour in this Kingdome over all persones in all causes containe the main difference betwixt the two the main grounds of scruple for they hold forth two things The King's supremacy in matters civill his supremacy in matters ecclesiasticke It is true Ministers ought both to be to carry duti fully as becometh subjects to refuise nothing lawfull which is required of subjects but oathes being matters about which much tendernesse carefulnesse ought to be used it becometh Ministers to look well to this not to engadge in any oath rashly Advisement deliberation is most requisite here especially in a time when snares abound when there is good ground to suppose that the oath is tendered of purpose to be a snare to the conscience The oath as to it is substance or maine thing intended which lyeth wrapped up in those few words last cited is not as is obvious to any so clear as oaths ought to be yea the imposers themselves will not deny this but are forced to acknowledge that as it is worded in respect of that part thereof which is onely scrupled at which containeth the substance maine thing intended it is at best ambiguous generall for this cause if there were no more every Christian ought to forbear to swear the same And that because every oath must be sworne in truth in judgment in righteousnesse Ier. 4 2. but an unclear ambiguous oath cannot be sworne in truth because it hath no truth in it for what is ambiguous is not true as doctor Sanderson sayeth de jur promis oblig prael 6. § 10. a preposition of an ambiguous indefinite sense before the matter be distinguished is not a true proposition yea nor a proposition at all for a proposition as its definition cleareth should signify either a truth or a falshood without any ambiguity And therefore this proposition that the King is onely supreme governous over all persones in all causes being ambiguous till it be clared by some distinctions cannot be sworne in truth because the truth thereof cannot be known Nor can it be sworne in righteousnesse because such as swear it cannot be sure but that in taking that oath they may be wronging others wronging Parliaments which is worse wronging the Lord Iesus Christ who is King head of his Church Nor can it be sworne in judgment because its meaning cannot be known But now seing the oath in respect of its substantiall part as it is now worded is ambiguous unclear reason would require that the tenderers thereof should explaine the meaning thereof make it as clear as may be But when this is refuised what can such do who are pressed to take that oath but refuise the same partly because of its ambiguity partly because by the sense which by their other Acts Actings they who tender it do put upon it it appeareth to to be most unlawful all divines casuists do grant that an oath must be taken in his sense meaning in whose favours for whose sake faifty it is conceived who tendereth it And therefore it is not only lawfull but necessary to enquire what sense the Acts Actings of the Parliament do put upon it And as to the civill part of the oath which here is to be examined no other explication needeth to be enquired after then what they give forth in their Acts on record all which to cite here at length would be tedious The citeing of the acknowledgement of his Maj. prorogative which is a part of the 11 Act Anno 1661. where the substance of many preceeding Acts is summed up will be a sufficient evidence and here it is declared That it is an inherent privilege of the crown an undowbted part of the royall prerogative of the Kings of
this Kingdome to have the sole choice appoyntment of the officers of state privy councellours the Lords of the Session That the power of calling holding and dissolving of Parliaments all conventions meetings of the estates doth solely reside in the Kings Maj. his haires successours that as no Parliament can be lawfully keeped without speciall warrand presence of the Kings Maj. or his commissioner so no Acts nor statutes to be past in any Parliament can be binding on the people or have the authority force of lawes without the speciall approbation of his Maj or his commissioner interponed thereto at the making thereof that the power of armes making of peace warre making of treatjes leagues with forraigne princes or states or at home by the subjects among themselves doth propperly reside in the Kings Maj. his heirs successours is their undowbted right theirs alone that it is higâ—… treason in the subjects of this Kingdome or any number of them upon what soever ground to rise or continue in armes to maintaine any forts garisons or strengths to make peace or warre or to make any treaties or leagues with forraigners or among themselves without his Maj. authority first interponed thereto That it is unlawfull to the subjects of whatsoever quality or function to convocat convcen or assemble themselves for holding of Councells conventions assemblies to treat consult determine in any matters of state civill or ecclesiasticke except in the ordinary judgments or to make leagues or bonds upon whatsoever colour or pretence without his Maj. speciall consent approbation had thereunto That the league covenant and all treaties following there upon Acts or deeds that do or may relate thereunto are not obligatory that none of his Maj. subjects should presume upon any pretext of any authority whatsoever to require the renewing or swearing of the said league Covenant or of any other Covenants or publick oaths concerning the government of the Church Kingdome and that none offer to renew or swear the same without his Maj. speciall warrand and approbation This acknowledgment doth sufficiently clear what that supremacy in civil matters is which they grant unto the King as his due which by this oath they would have all to acknowledge also So that there is no great difficulty to clear the grounds ofscrupleing at this oath even upon this account to shew that such as have refuised the same cannot be accounted disloyall for all indifferent persones will see that there both was and is good ground to scruple at this oath thuâ—… sensed by this act if they shall consider these ten Particulars following 1. The Parliaments of Scotland from the beginning have been partakers fellowshareis of supremacy with the King the Kings of Scotland never were the sole subjects thereof as appeareth by their appending of their own seal with distinct from the King 's great seal in treaties with forraigne princes in some important acts sentences at home of which there is one instance yet on recoâ—…d in the acts of Parliament viz act 112. Parl. 14. King â—…am 3. 2. The Parliaments of Scotland have had the power of setling the governement for they did willingly sweaâ—… to Fergus and his posterity and when he died left two young sones â—…erlegus Mainus both unfit for governement they resolved upon a new course That neither a childe should governe nor yet their oath which they made to Fergus be brocken which was this That when the Kings children were young at their fathers decease some other of the posterity of â—…ergus fit for governing should be chosen who should rule the Kingdom all his dayes which law continued 1025. years untill the reigne of Kenneth the 3. and accordingly when Fergusius died they choosed Ferâ—…haris when â—…erlegus came to age he desired to be put in possession of the Kingdome but it was refuâ—…sed so long as Feritharis lived And when Cotbâ—…edus died they passed by his sone Câ—…tbred made choice of Dardaâ—…us the grand childe of Metellan thus did they alwayes unto the dayes of Kenneth the 3. Epropinquis sayeth Buchanan in vita 〈◊〉 Regum defunctorum non proximos sed maxime idoneos modo a Fergusio primo Scotorumrege essent oriundi eligere consueverant And who but they did condescend to that law at length that the Kings eldest son should be called prince should succeed if the son died before the father then the grand childe should succeed unto the grand father that if the King died leaving a young childe to be heire of the crowne a regent should be chose to mannage the affairs of the Kingdome dureing his minority till he were 14. years of age at which time he might choise his curatours was there ever any such thing concluded without the Parliaments consent 3. The Parliaments of Scotland have had a great share of the legislative power Therefore the lawes are stiled the acts of Parliament not the acts of the King they are said to be enacted by the Estates of Parliament So do the many explicatory acts witnesse that they share in the supreme power of interpreting the lawes of the land which demonstrateth their legislative power and both these are no small part of supremacy 4. In the time of Finnanus the 10 King there was a law made Ne quidreges quod majoris esset momenti nisi de publici coucilij authoritate juberent that Kings should command nothing in matters of any moment but according to the authority and command of Parliament And so when Milcolumbus the 92. King was giving away for peace with England Northum Berland the Estates were against it denying jus esse regi quicquam de sinibus regni detrahere nisi omnibus ordinibus consentientibus That the King had any power to give away any part of his dominions without the consent of all the Estates of Parliament 5. The Parliaments of Scotland have regulated the actions of princes have censured punished them for enormities let the lives of Thereus Durstus Ethus Luctatus Mogaldus Conarus Constantin Ferchardus 1. Ferchardus 2. Eugenius Donaldus 8. Culenus others recorded by Buchanan in his chronicles be seen considered the power of the Parliaments of Scotland over their princes will casily appear So at that Parliament in which King Iames the 6. was created King the Earle of Murray setled in the regency it was debated what course should be taken with the Queen concerning whose accesse unto her husbands death there were such shreud toakens And some voted that justice should be executed upon her and others that she should only be keeped in prisone see Buchan lib. 19. 6. The Parliaments of Scotland have had expresse power in some cases to withstand resist even by armes the King if he should break treaties of peace made concluded by him them with forraigne princes
never yet heard of that a King was crowned in Scotland but by a lawfull Parliament whose deed was valide if this deed of that Parliament was not valid let wise men conjecture what the consequences will be It is true they except in their Act 9. All such Acts as were passed in any meeting of Parliament or committee of Estates authorized by his Maj. presence But his Maj. presence will not make every company of men a Parliament yea his being present with them at any of their Sessions sayeth he owned them as a lawfull Parliament 2. How ever all these Acts which concerne himself seing he was not present at their making are null 3. How cometâ—… it to passe that the Kings presence Anno 1641. did not availe to keep that session of Parliament from a stroke with the rest And furder it appeareth that they annull the Parliament 1650 1651. altogether because if that had been a Parliament it had been the first Parliament of King Charles 2 so the Parliament 1661. had been his second Parliament But the Parliament 1661. is called his first Parliament therefore there was never a lawfull Parliament before in his reigne thus by their principles he hath never been crowned in Scotland as yet What a Premunire they fall into here let lawyers judge Fourthly There was as little reason to condemne these meetings counsels conventions of the subjects at the begining of the late work Because those meetings were necessary for the defence of Religion against the bloody Prelates who were seeking the overthrow destruction of all 2. Nor is there any Act condemning such which can with any colour be allaiged except the Act of that Parliament 1584. wherein things were carryed on by a strong faction in great haste for they had five Sessions in three dayes with great secrecy for the Lords of the articles were sworne to secrecy the dooresâ—… were keeped closse all the time of Parliament See laborious Mr Petree his History pag. 442 and the Act of this Parliament did mainely strick against the assemblies of the Church for that was the thing designed 3. What ever can be made out of this Act against civill meetings it will not stricke against those meetings because the Parliament 1640 in their Act 29. hath showne the true meaning thereof to be otherwise saying It cannot be extended against any councells conventions assemblies committees or meetings made holden keeped by the subjects for mantenance and preservation of the kings Maj. Religion lawes and liberties of the kingdome or for the publick good either of Church or state this Act was approved by the large treaty againe by the next Session of Parl. An. 1641. where the King himself was present 4. The secret councell which then was did approve of these conventions or tables as they were called so did his Maj. commissioner thereafter So then these meetings might be warrantably keeped for God's glory the removeing of the just grievances of the subject being no wayes prohibited by the municipall lawes which onely disallow such conventions as are for disturbance of the peace or usurpation against authority neither of which can be allaiged here for no invasion violence offer of wrong by word or deed to any person no not even to these against whom they had justly complained followed thereupon And those meetings were onely to consult upon the most fit humble way of supplicating his Maj. for the most convenient propositions to be presented to his Maj. to the Parliament to the assembly all which are most compatible with the loyalty duty of good subjects do no wayes encroach upon authority seing they assumed not any judiciall determination in any matter of state civill or ecclesiasticall but by voluntary instructions and opinions every one to another in a common cause of religion did resolve what might be most conduceable to their lawfull and just ends To use the words of the protestation Decemb. 18. 1638. Fiftly Nor is there just warrand ground upon this account to annull the League Covenant Because 1. It was against no municipall law for as to that 12 Act of the Parl. 10 of King Iam. 6. Anno 1585. it is so explained by the 29 Act of Parl. 1640. as that it cannot be extended to any bands leagues made for the preservation of the Kings Maj. Religion lawes liberties of the Kingdome or for the publick good either of Church or state and this may be furder cleared by vieuing the 43 Act of Queen Mary which the forecited Act of King Iames 6. relateth unto ratifieth for that Act is to be understood of particular leagues or bonds of man-rent as they called it or maintenance respectivè that by privat persones in brugh land therefore cannot be understood of leagues or bonds made by the body of the land in their representatives in Parliament which hath so much power in making of leagues that without their consent the King cannot make a league as is clear by a league which King Robert 2. consented unto betwixt Scotland France England which was annulled because it wanted the Parliaments consent for sayeth Buch in the end of his 9 book neque enim ipse pacem vel inductas facere poterat nisi ex sententiâ publici conventus nec firmas polliceâ—… sine publico decreto He could neither make nor promise truce or peace without the Parliaments consent in the Parliament 10. King Iam. 6. Anno 1585. among the unprinted Acts there is one containing the assent of the Parliament for concludeing of a league with the Queen of England 2. The Parliaments of Scotland have made leagues with forraigne Princes without the Kings consent as that Parliament which deposed the Queen Mother from her regency did enter in a league with the Queen of England 3. All leagues bondes made by the Parliament were ratified by this King by his solemne oath both before at his coronation and therefore none in conscience could condemne these bonds or take an oath importing the same What is more allaidged against the league covenant shall be fully examined hereafter Sect. 2â—… Sextly Nor was there just cause upon this account to condemne Scotland for aideing assisting of England in their straite extreame danger Because 1. It is a most ordinary thing for one nation to send help relief unto another thus the french the Englishes helped the Hollanders The king of Britaine offered to helpe the Rotchell the Palatinat 2. It was against a common enemy a popish prelaticall malignant faction seeking the ruine of religion lawes liberties in Scotland as well as in Engl. By the light of nature a common fear uniteth even these who are furthest divided so while Scotland fought for England they fought for themselves their own saiftie what ever law will warrand nations now to joyn together against the Turk will
other reason then if he keep the conditions on which he was created emperour By the lawes themselves it is provided that the superiour Magistrat shall not infringe the right of the inferiour and if the supriour Magistrat exceed the limits of his power and command that which is wicked not onely we need not obey him but if he offer force we may resist him Upon these grounds did those worthies resolve to defend themselves by armes 2. Next they have the exemple precedent of the protestants in France who in the reigne of Francis 2. Anno 1559. being oppressed with the Guisian faction assembled themselves consulted lawyers divines concerning resisting of the king in that case it was resolved That they might lawfully oppose themselves against the governement which the house of Guise had usurped when needfull take armes to repulse their violence If the princes who in this case are borne magistrats or some one of them would undertake it being ordered by the states of the realme or by the sounder part thereof See Gen. history of France pag. 682. 683. So Anno 1614. The prince of Condee with other princes Peers dukes noblemen officers of the crown conveening at Meziers wrote to the Queen compleaning of diverse grievances wrongs sought remedy redresse by the assembly of the three estates protesting that they desired nothing but peace and the good of the realme that they would attempte nothing to the contrary unlesse by the rash resolution of their enemies who covered themselves with the cloak of state under the Queen regents authority they should be provoked to repell the injuries done unto the King state by a naturall just and necessary defence see the continuation of the life of Lewis the 13. pag. 59. c. So in the reigne of Charles 9 when all Acts of pacification were broken after many fruitlesse petitions and vaine promises they take up armes whereupon a bloody civill warre ensued when this King contrary to his oath An. 1572. caused that massacre at Paris the protestants in Languedoc Rochel other parts took up armes in their own defence So when Henry the 3 came to the crown the protestants saw a necessity of standing to their defence being assaulted they manfully defended themselves againe when the peace which was now concluded was broken by the instigation of the Catholick Leaguers The King of Navarre the Prince of Condee the Marshall of Montmorancy others resolved to defend themselves whereupon followed a sixt civill warre which ended in a new peace Anno 1580. So in the reigne of Lewis his son when the Queen mother who was then regent would give no redresse unto the protestants just grievances The prince of Condee divers others raised forces in their owne defence the duke of Rhoan other protestants did joyne with them A peace was concluded Anno 1616. but the very next year the prince of Condee is seized upon whereupon the princes meeting at Soyssons resolved to defend themselves by warre which continued Anno 1621 1622. at last a peace was concluded but it lasted not long by cardinal Richelien's meanes 3. They have in the third place the practice of the Netherlands mentioned in the Generall history of the Netherlands Lib. 9 p. 369 c. who being oppressed in bodies states by the duk of Alva the Spanyards tyranny their consciences tyrannized over by the spanish inquisition introduced of purpose to extirpat religion after serious deliberation consultation with lawyers divines learned men of all sorts did unanimously conclude to enter into a solemne covenant to defend religion lives liberties by force of armes and Anno 1572. the Prince of Orange his confederats published a protestation shewing the grounds of their riseing up in armes viz. for zeal to the countrey for the glory of God because of the inhumanities and oppressions and more then barbarous and insupportable tyranny and incroachments upon their privileges liberties and freedâ—…mes 4. They have the practice of the Waldenses in Piemont Anno 1558 1561. who being persecuted by the Lords of Trinity other Popish soveraignes assembled solemnely together to consult how they might prevent danger after long prayer calling upon God they concluded to enter into a solemne mutuall Covenant for defence of themselves their Religion did so with successe obtaining many notable victories against their persecutors See Fox Acts Mon. Vol. 2. pag. 208 209. So Anno 1571. Nov. 11. There is a league made for mutuall assistance of each other in times of persecution a copy whereof is to be seen in Mr Morland's History of Piemond pag. 252 253. 5. They have the practice of the people of Arragon mentioned by Blanca in his Comment pag. 661 652. An. 1286. in the dayes of Alphonso 3. who when there fell out a contest betwixt him the Parliament through the evill counsell of his courteours resolved to associat themselves together to raise forces it being lawfull for the common cause of liberty to contend not only with words but with armes and their suprarbiense forum or Iustitia Aragoniae which was erected of purpose to with stand the tyranny of Kings had power to resist their King with force of armes So Anno 1283. they tell Pedro 3. their King that if he would not containe himself within the Limites of the lawes they would pursue him by armes 6. They have the practice of other Spainyards as may be seen in the generall History of Spaine lib. 13 14 15. who rose in armes severall times against Pedro the I. King of Castile 7. They have the practice of the Hungarians Anno. 1608. in the dayes of Mathias for when he denyed free exercise of Religion unto the Protestants of Austria they took up armes in their own defence assembling at Horne sent a protestation unto the Estates of Hungary requireing assistance conforme to the offensive defensive League See Grimstons Imp. Hist. pag. 730. c. 8. They have the practice of the Polonians who oftintimes levied warre against their Kings as Grimstone in his Hist. Imp. Chytraeus in Chron. Sax. shew 9. They have the practice of the Danes riseing in armes against Christierne the 2. who Anno 1524. was solemnely deposed as may be seen in Chytraeus Chron. Sax. lib. 10. 10. They have the practice of the Sweds riseing up in armes against Christierne the I. for breach of his Covenant made at his coronation this was about the year 1499. See Chythraeus ubi supra 11. They have the practice of the Helvetians first three of their Cantons viz. The Suitians Vrjaus Vndervaldians Anno 1260. levied warre against their oppressing Nobles did prosecute the same twelve years Anno 1308. They joyne in Covenant to defend themselves against the House of Austria defended themselves most resolutely against the hudge armies of their adversaries upon the 16 of Nov. 1315.
obtained a great victory that same year they renewed their Covenant at Brunna in which Covenant the other Ten Cantons at severall times thereafter being oppressed by their Nobles did joyne at length by warre brought themselves into that state of liberty in which they are at this day See for all this Simlerus de Repub. Helvet 12. And lastly they have the practice of the Bohemians who in the Dayes of Wenceslaus Sigismond waged great warres under the conduct of valiant Zizca See Fox's acts monuments Vol. 1. And thereafter in the dayes of Ferdinand they resolved to fight couragiously against all their enemies how great so ever they were But in case some should be so bold as to condemne all those Acts as treacherous rebellious let it be considered 6. That some of those same practices are allowed and approved even by the Kings of Britaine for King Iames in his answer to cardinall perron justifyeth the protestants of France their taking up armes in their own defence Memorable is that speach which King Iames had in the Parliament house Anno 1609. a King sayeth he governing in a setled Kingdome â—…easeth to be a King degenerateth into a tyrant so soon as he leaveth to rule by his lawes much more when he begineth to invade his subjects persones rights liberties to set up an arbitrary power impose unlawfull taxes raise forces make warre upon his subjects whom he should protect rule in peace to pillage plunder waste spoile his Kingdom Imprison murder destroy his people in a hostile manner to capâ—…vat them to hâ—…e pleasure This is a sentence well worthy to come out of a Kings mouth to beâ—…ingraven upon the thrones of Kings princes and doth more then abundantly justify Scotland in their late defensive warre Moreover Queen Elizabeth King Iames both by the publick advice consent of their realmes did give publick aid assistance unto the protestants of France against their King to the Netherlands against the king of Spaine and to the protestants in Germany Bohemia against the Emperour entered into solemne leagues covenants with them if they had been traitours rebells that action of defence utterly unlawfull would those princes have joyned with them in this manner who can think this So did King Charles the first openly avow to aide the protestants in France at Ree Rotchell against their King who was come in armes against them the Germane Princes against the Emperour the Netherlands against the King of Spaine And entered into a solemne league with them for that end All which do aboundantly justify the Scottish defensive warres free Scotland from the aspersion of disloyalty rebellion But moreover 7. It is to be considered That King Charles I. himself hath fully freed them of all these aspersions in his publick Acts in his Parliaments declareing The Scots late taking up armes against him his Consellours in defence of their religion lawes privileges to be no treason nor rebellion them to be his true loyall subjects notwithstanding of all aspersions cast upon them by the Prelaticall Popish party because they had no evill nor disloyall intentions at all against his Maj. person crown dignity but only a care of their own preservation the redresse of these enoâ—…mities pressures grievances in Church state which threatened desolation to both See the acts of oblivion pacification Here is enough to stope the mouthes of all Calumniators to vindicate them to cleare the innocency of their cause before all the Woâ—…d And furder King Charles who now is did approve of the same in his declaration at Dumfermlâ—… which is cited Sect 2. 8. Some of their chief antagonists are forced through the clearnesse of truth to assert such things grant such particulars as will by clear undenyable consequence justify their taking up of armes resisting the armies of their King when they came against then to destroy Religion Lives Lawes Liberties Beside that all of them are forced to speak most in consequently unto their own principles by their concessions do overthrow their own grounds arguments as might easily be made to appear if to discourse at length of this subject were designed now As 1. Iohn Barclay Lib. 4. Cap. 16. he sayeth expresly That if a King will alionate and subjecte his Kingdom to another without his subjects their consent or be carryed with a hostile minde to the destruction of all his people his Kingdom is actually lost and the people may not only lawfully resist and disobey but also depose him This is more then the Scots could desire for they plead not for deposeing or dethroning of kings but only for resisting withstanding them when they carry a hostile minde against them whereof a strong army of strangers marching with armes to their borders after they were contrary to all law declared rebels is as evident a demonstration as can be are seeking the ruine destruction of their own subjects They plead only That in that case the people may are bound before God to defend themselves when their religion which ought to be dearer to them then any thing else is sought to be taken away or altered service books or masse books the like tyrannically obtruded upon them So Contra Monarch lib. 3. c. 8. He granteth that the people have right to defend themselves against great cruelty what greater cruelty could be expected by a nation from their King then to be blocked up by sea land threatened with utter ruine extiâ—…pation unlesse they would sell soull conscience all doth not this speak abundantly for the justifying of them 2. D. Fern. Part. 3. s. 5. acknowledgeth that personall defence is lawfull against the suddaine illegall assaules of the Kings messingers or of himself in so far as to ward off his blowes to held his hands and when the assault is inovitable Now if resistence be lawfull against suddaine assaults much more against premediated deliberated advised assaults If resistence of illegall assaults be lawfull then they cannot be condemned because the assaults of the King's forces were against all law reason for there is no law warranding the King or any other having a commission from him to force popery upon them by armes If resistence be lawfull against inevitable assaults then they are justified for how could they resist the assault of so many thousand armed men but with armed men Yea when he alloweth in such a case that hands may be laid upon the prince he more then justifieth them who never did intend harme to his Maj. person honour but wished sought the saifty preservation thereof by all meanes And againe when he would answere the argument taken from Elisha's resisting of the King he granteth that itis lawfull to resist the Kings cutthroats and what did Scotland more then resist his
bloody emissaries Moreover he alloweth to privat persones liberty to deny subsidies and tribute to the prince when he imployeth it to the destruction of the common wealth and is not this a clear resistance a taking of the sword out of his hand But what shall a nation do that cannot get pay holden from a plundering army of enemies so cannot get them disbanded but take up armes force then to it This is but resistence the other is resistence Majus minus non variant speciem yea it is a question if it be lawfull to deny to the King any of his tribute though it be clear enough that it is lawfull for a nation to defend themselves against the King's unjust illegall commissions The same Doct. in conscience satified Sect. 5. confesseth that Salus Populâ—… est supremâ—… Lex and if so some meanes must needs be allowed unto the people to preserve their own saiftie when it is in hazard to recover it when almost lost by the invasion tyranny of governours who instead of levelling all to that end which should be before their eyes are taking courses tending to the destruction of the people To come with an army of armed enemies against a common wealth is no sit mean to preserve that common wealth but to common sense speaketh out an intention to destroy the same therefore Scotland can not be condemned for preserving it self in such a case 3. Iohn Bodin de republ lib. 2. c. 5. granteth That if a King turntyrant he may lawfully at his subjects requâ—…est be invaded resisted condemned or slaine by a forraigne prince proveth it at large from severall exemples And if a forraigne prince may do this why may not the subjects themselves do it if they be able if the subjects may petition for this help why may they not forbear to trouble strangers if they be able to do it themselves a forraigne prince hath no more superiority nor right over their prince for that effect then they havethemselves yea not so much And elsewhere in that book viz lib. 1. c. 10 lib. 5. c. 5. he alloweth subjects to resist to depose Kings in some cases which is more then Scotland doth desire 4. Arnisaeus de author prinp c. 2 n 10. granteth that if the prince proceed extrajudicialiter without order of law by violence every private man hath power to resist much more then may the body representative of a land resist when he cometh against them with fire sword which is the most extrajudiciall acting imaginable So c. 16. n. 4. he granteth that limited princes may be resisted such an one is alwayes was the King of Scotland for they never knew an absolute prince as is clear from what hath been already said 5. So Grotius who de Iure belli paâ—…is lib. 1. c. 4. n. 1 2 3 4 5. denyeth that the warr of subjects against superiours is lawfull would prove it by the law of nature the Mosaicall law the Gospell by the practice of the primitive christians and n. 〈◊〉 denyeth this not only to private subjects but also to inferiour Magistrats all which to examine is not the work presently intended only it is worth the noticeing that even he is forced to grant many things which serve abundantly to justify the practice of Scotland for ibid. n. 7. He granteth the law of not resisting doth not binde when the danger is most weighty certaine doth prove it thus because the lawes of God in some cases admit the exception of extreme necessity as the law of the sabbath further addeth that this law about resistence hath its â—…ise from their will who did first associat themselves in a society created governours over themselves for if they were asked whether they would acknowledg these conditions that they should die rather then resist in any case they would not grant it unlesse in this case when resistence would wrong the common wealth occasion the killing of many innocents He furder proveth it from that passage which was cited out of Barclaius yea he dar not condemne any no not the lesser part of the people who rise in armes in extreme necessity far lesse would he condemne the body of a land useing this last remedie in the extremity of hazard danger furder he proveth this from David who took armed men 1. Sam. 22 2. 23 13. to resist the violence of Saul after he had learned for certanety that he was seeking his life and from the Maccabces whom as he thinketh nothing else can defend but the great imminent danger in which they were And furder n. 8. he granteth that such princes may not only be resisted but also punished by death who are not absolute And it hath been showne that the Kings of Scotland have been obnoxious unto their Parliaments yet they desire not so much as is here granted Moreover n. 10. he assenteth to Barclaius saying as hath been cited that if a King alienate his Kingdome he loseth it but furder he addeth if â—…e prince but attempt to do so and to subject it to another he may be resisted and also n. 11. he assenteth to Barclaius saying as hath been cited that the King doth lose his power when he seeketh the destruction of his subjects And againe he sayeth N. 13. If the king hath one part of the supremacy the senat another then the king may be resisted when he incroacheth upon the senat that notwithstanding that it were granted the King onely had power of war for that is to be understood onely of warre with forraigners Thus he doth abundantly justify the late defensive warre of Scotland against their prince who was incroaching upon the liberties of Parliament people These particulars seriously pondered will do much to cleare their innocency unto the world to vindicat their cause and practice from the many foule calumnies aspersions which the Dâ—…gs of the generation did cast upon them of purpose to foment the discord betwixt the king his faithfull loyall subjects And though by what is said conceded by their adversaries the clearnesse equity of their cause appeareth both in poynt of law conscience yet for furder clearing of the same these few following particulars may have some weight 1. There is great difference to be put betwixt actuall disobeying of rebelling against violently with force of armes resisting the lawfull Magistrat doing his duty commanding just things warranded by the lawes of God the land And disobeying his unjust Acts resisting his violent tyrannicall oppressing plundering spoiling killing armies The former is a resisting of the very ordinance of God forbidden Rom. 13. where the Apostle is speaking of the civill Magistrat doing his duty in his place as God's deputy exerceing the duties of his calling executing his office But in the other case the Magistrat is out of his function
integrity of the parliament is restored particularly act 40. the King doth faithfully promise to do or command nothing which may directly or indirectly prejudge the liberty of free voteing of the Estates of Parliament But 2. It will be objected That all this supremacy was acknowledged by the Parliament 21. Anno 1612. when the Acts of the Assembly at Glasgow Anno 1610. were ratified among which this was one that Ministers should swear the same oath which was tendered by this Parliament which is there set down Ans. It is true it was appoynted by that pretended Assembly that Ministers at their entry or admission to the Kirk should Testify declare that the King was the only supreme Governour of the realme as well in matters Spirituall Ecclesiasticall as in things temporall c. And it is true this Parliament did ratify approve this deed so that it had the force of a law But 1. There is a great difference betwixt such a civill sanction as this is an other Act of Parliament other Acts stand in force untill they be repealed but when the Church constitution which is the ground Basis of the civill sanction ceaseth the sanction ceaseth the Act perishâ—… without any formall repeall The Act ratifying approveing the deed of a Church judicature standeth in force no longer then the deed of the Church judicature standeth in force the deed of a Church judicature may be altered without any respect had unto the civill sanction or notwithstanding that the civill sanction is not formally removed because the civill sanction did follow depend upon the Church Act the Church Act doth not depend upon the civill sanction 2. It is not incumbent unto a Church judicature to determine the limites of the King 's civill supremacy far lesse to determine the same in the first place this pretended Assembly was more anxious about the King 's Ecclesiastick supremacy then the civill it was his supremacy in Church matters which was here intended by them approved by the Parliament And therefore it is added And that no forraigne Prince State nor Potentat hath or ought to have any jurisdiction power superiority preheminence or authority Ecclesiasticall or Spirituall 3. What ever civill supremacy may be supposed to be here included there is no supremacy over Parliaments acknowledged But any civill power that is here recognosced as his due is in opposition to forraigne Princes States or Potentats not to Parliaments within the Kingdom If it be said that the oath tendered by this Parliament Anno 1661. being every way correspondent unto that oath which is recorded Parliament 21. Anno 1612. can import a recognosceing of no more civill power then that Anno 1612. therefore might lawfully have been sworne It is replyed That the oath Anno 1661. is more expresse for civill power supremacy then that An. 1612. But if there had been no more then the words of the oath Anno 1661. there had not been very great ground of scrupleing at the taking thereof upon the account of the civil part for it is not the words of the oath that ground that scruple upon that account so much as the glosse put upon the words by their other acts particularly by the act for acknowledging his Maj. prerogatives which as a commentary explaineth what they meane by his being supreme governour over states civil in all causes civil Now the like of this was not done by the parliament Anno 1612. Or any other before or since that time till this parliament Anno 1661. which hereby hath put another glosse upon the civil part of the oath then ever was done before But. 3. It will be objected May not Parliaments give more civil power unto the King then he had before so enlarge even intensivè the privileges prerogatives of the crown so denude themselves of that in whole or in part which did formerly appertaine unto them And when the Parliament hath done this annexed such such power unto the crowne can it be unlawfull for privat subjects to acknowledge that the King hath indeed so much power Ans. in poynt of law it will be a very great question whether Parliaments who are but trustees intrusted by the people whose commissioners they are virtually if not expresly bound to maintaine their rights privileges may betray their trust give away the iust ancient privileges of Parliament there with the just ancient liberties of the people It will be agreat question if they at their own hand may alter the foundamentall lawes of the land without the consent of these whose commissioners they are And it will be a greater question in law if this Parliament might have sold or given away the privileges of Parliament liberties of the people seing so much in poynt of law may be objected against its being a free Parliament if the want of freedome of election in shires brughs if prelimitation if the election of such as were not capable by the foundamentall constitution of Parliaments practice of the Kingdome other informalities of that kinde may have any place or weight in the anulling of Parliaments But. 2. In poynt of conscience it is clear that Parliaments may not now give away according to their pleasure dispone of the rights privileges of Parliament for in the third article of the league covenant all the people of the land Parliaments among the rest are sworne to maintaine in their severall places capacities so Parliaments in their Parliamentary capacitie the rights privileges of Parliament 3. Though the Parliament not with standing of the bonde of the covenant should denude themselves of their privileges yet now seing every particular member of the Kingdome is sworne according to his place station to maintaine the rights privileges of Parliament they may not assent unto such a deed of the Parliament by their oath subscription approve of such a wrong for that is the least that private persons who desire to minde make conscience of the oath of God can do at such a time viz. to refuse to give an expresse clear positive assent unto such a wrong done to the rights privileges of Parliament contrary to the covenant But 4. All this is to little or no purpose for there is not the least syllabe in all the Acts of this Parliament which doth import any new deed of gift but all alongs they speak of these prerogatives as formerly inherent in the crown yea as essentiall to it hence it is that they condemne the actings of the Parliaments Kingdome of Scotland these many years by gone because done in such away as was an actuall insolent as they say incroachment invasion upon the privileges prerogatives of the crowne Obj. 4. The acknowledging of the prerogative is distinct from the oath of allegiance therefore seing they were
officers of his owne appoyntment Who then can acknowledge such a court not with all consent unto this intolerable incroachment upon the privileges of Christ his crowne justling of our Lord out of his rights is not this the fountaine of all disorder confusion tending in end to the utter overthrow of all Church discipline to to the totall overturning of the Established order of Christ's house can any acknowledge such a court seing such sad consequences will follow thereupon 4. In this judicature ecclesiasticke persons have power of civill matters civill punishments for the court hath power to fine coâ—…fine committ and incâ—…rcerat for contraveening the Acts of Parliament But that Church officers should medle with civill matters is diametrically opposite unto Christ's word Mat. 20 25. Luk. 22 25. where he forbiddeth all the exercise of any such power as was exercised by Kings and civill powers on earth saying the princes of the gentiles exercise dominion and they that are great exercise authority but it shall not be so among you so that the very exercise of the power is prohibited if any should think that he meaneth only the â—…anny abuse of the power because he useth the compound words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Luk doth sufficiently take away this objection when he useth the simple words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the scope of the place cleareth it also for the question unto which Christ returneth this answere is concerning primacy power and not concerning the abuse of the power So then whoever do acknowledge this court do approve in so far of this contradiction to Christ's command 5. The acknowging of this court would be upon the matter a justifying of all the Acts of persecution exercised against the worthles of old for avouching the Kingly office power of Christ declineing the civill courts in Church matters so a condemning of the Zeal of those worthies who hazarded life all which was dear to them in giving testimony against the incroachments made upon the crown and privileges of Christ as King But certanely a Christian tender of the glory of God of his cause which hath been is hated persecuted by his enemies would scarre at this 6. Particularly the acknowleding of this court would be a condemning of worthy precious Mr Rutherfoord Mr Dickson who declined the High commission and refused to passe from their declinature on any termes wherein they were singularly eminently owned of God approved by his testimony to their spirits And what tender Christian could do this 7. The acknowledging of this court is a clear breach of the first article of the league covenant in severall particulars as 1. the acknowledging of this court is an overturning of all the principles of Presbytâ—…rian Government so contrary to that oath whereby every one is sincerely really and constantly through the grace of God to endeavoure the preservation of the reformed religion of the Church of Scotland in doctrine worshipe discipline and government And that because 1. It is contrary to the principles of presbyterian Government to have Church power derived in whole or in part from any prince or potent at upon earth but only from Iesus Christ the sole King head of his Church 2. It is contrary to the principles of presbyterian government to have Church censures dispensed by any except Church officers 3. It is contrary to the principles of presbyterian government to have Church officers medling with civill affairs 4. It it contrary to the principles of presbyterian government to have any other Church judicatories then such as are allowed by the Gospell 5. It is contrary to the principles of presbyterian government to have Church power civill power confounded in-distinct 2. The acknowledging of this judicature would be a condemning of the work of reformation in part for this is one piece of the doctrine of the Church of Scotland one piece of the reformation viz. That Church officers should not meddle with civill power or places this was much looked to at the begining of the late work of reformation condemned both by Church and state Anno 1638 1639 1640. And therefore tender Christians could not do this sinne against God 8. The acknowledging of this judicature is a breach of the second article of the same league Covenant Upon this account that it is an acknowledging of the power of prelats in the highest degree of that power which ever they had in Scotland And next upon this account that it is an approving of that which is contrary to sound doctrine the power of godlinesse so a partaking of other mens sinnes a runing the hazard of receiving of their plagues expresly contrary to that article 9. As to the civill part of this court for it is a monster of judicatories viz. two distinct bodies under one head The acknowledging of it would be a crossing of the third article of the league Covenant upon a two fold account 1. In that it is a wronging of the rights privileges of Parliaments â—…o owne a judicature not approved established by any Act of Parliament old or late 2. In that it is a wronging of the liberties of the Kingdome to consent unto an arbitrary power assumed by the prince over them contrary to the fundamentall lawes of the land in setting up what judicatories he pleaseth without consent of Parliament without whose speciall warrant authority the meanest fixed court cannot be erected 10. It is a court unamimously condemned by the Church of Scotland in their assembly 1638. Act Sâ—…ss 14. upon very pregnant considerable grounds for they found that it had been erecâ—…d without the consent or procurement of the Kâ—…rk or consenâ—… the â—…states of Parliament That it did subvert the jurisdiction and ordinary judicatories assemblies of the Kirk sessions presbyteries provinciall and nationall assemblies That it was not regulated by lawes civill or ecclesiasticall but at the descretion and arbitrement of the câ—…mmissioners That it gave to ecclesiasticall persons the power of both tâ—… swords and to persons merely civill the power of the keyes and Kirk censures and therefore did prohibite the use and practice of it as being a court unlawfull in it self and prejudiciall to the liberties of Christ's Kirk and Kingdome and the King's honour in maintaining the Established lawes and judicatories of the Kirk Now how could any true member officer of the Church of Scotland acknowledge this judicature so unanimously dis-allowed condemned by that Church 11. The acknowledging of this court would be a clear breach of the nationall covenant as sworne subscribed Annâ—… 1638 1639. for in that covenant the land was sworne to resist all corruptions according to their vocation to the uttermost of that power which God had put into their hands all the
of Babilon is aggraiged upon this score Ezek. 17 19. soâ—… judgments are threatened therefore Therefore thus sayeth the Lord God as I live surely mine oath that he hath despised and my Covenant that he hath broken even it will I recompense upon his owne head The oath is called God's oath the Covenant God's Covenant which v. 16. is called the King of Babilon his oath his Covenant And upon this account the sin is aggraiged he is the more assured of judgments because of his breach of this Covenant So likewise that Covenant mentioned Ier. 34 8 9 10. wherein thâ—… princes the people did sweare to let their Hebrew servants goe free is called God's Covenant v. 18. upon this account sorer judgments are threatened v. 19 20. And I will give the men that have transgressed my Covenant which have not performed the words of the Covenant which they had made before me into the hand of their enemies So then the breach of this Covenant which was sworn with hands lifted up to the most high God in an eminent way before the Lord must be the breach of a Covenant which God will owne as his Covenant as his oath therefore the greater sin 6. It will be the breach of Covenants made with God for they containea vow a promise confirmed with an oath made for doing of such things as God commandeth in his word therefora greater sin for Covenants made with God should be more bindeing inviolable then Covenants betwixt man man For in Covenants betwixt man man there may be dispensations in remissions of the obligation moreover the ground of those Covenants may faile Now none can either dispense with or grant remissions in the matters of God Moreover Covenants made with God are more absolute lesse clogged with conditions so more obligeing And therefore the sin of breaking such covenants must be the greater all may be sure that God shall avenge the quarrell of these Covenants which are his owne he being in them not only judge witnesse but also altera pars contraâ—…ens the party with whom the Covenant is made Lev. 26 15 16 17 25. 7. It will be the breach of Covenants made with God about morall duties It is a morall duty to abjure all the poynts of popery which was done in the nationall Covenant it is a morall duty to endeavour our own reformation the reformation of the Church which was sworne to in both Covenants It is a morall duty to endeavour the reformation of England Irland in doctrine worshipe discipline and Government which was sworne to in the league Covenant It is a morall duty to purge out all unlawfull officers out of God's house to endeavour the extirpation of heresy schisme whatsoever is contrary to sound doctrine which was sworne to there also It is a morall duty to do what God had commanded towards superiours inferiours equalls which by the league Covenant all were bound unto And therefore the Covevenants are strongly obligeing being more absolute then other cov because they binde vi materiae vi sanctionis both by reason of the matter by reason of the oath so are perpetuall Ier. 50 5. And therefore a breach of these must be a greater fault then the breach of such Covenants as are about things not morally evil which only binde vi sanctionis so it is beyond all doubt that the breach of these Covenants is a most hainous crying sin 8. It will be a breach of such Covenants as are so framed as that they cannot be made void though they should be broken buried forgotten Because they are Covenants about morall indispensable duries such duties upon which dependeth the glory of God the advancement of the Kingdome of our Lord saviour Jesus Christ The honour happinesse of the King's Majesty his posterity the true publick liberty saifty peace of the Kingdomes the good of posterity in all time coming the Lord's being one his name one in all the three Kingdomes And so the transgessing of such Covenants must be a greater fault then the bâ—…each of such which are of that nature as to be made void after some period of time or after a failzy by the one party Therefore seing those Covenants must binde though all had broken them brunt them also so long as â—…fe lasteth It must be a hainous crime to break them 9. It will be a breach of Covenants reall hereditary such as reach not only the persons themselves entering into Covenant but likewise their posterity like that betwixt David Ionathan 2. Sam. 9 7. 21 7. that betwixt Iosua the Gibeonits that mentioned Deut. 29 14 15. For this Covenant is of that nature as shall appear if that which Grotius de jur â—…el pac lib. 2. c. 16. § 16. Sayeth concerning these Covenants be considered where he giveth this as one evidence of such Covenants viz. When the subject is of a permanent nature addeth albeit the state of a commonwealth be changed into a Kingdome the Covenant must binde quia manet idem corpus etsi mutato capite though the head be changed the body of the commonwâ—…alth is the same And againe he sayeth as grving another evidence of such Covenants When there is such a clause in the Covenant as that it should be perpetuall or when it is such as is made for the good of the Kingdome addeth When neither maâ—…er nor expressions can certanely determine then favorabiliora creduntur esse realia the most favourable advantagious are reall Covenants So that by these marks evidences it is clear that these Covenants are reall Covenants obligeing not only them but also their posterity for 1. The subject or the person who did first enter into this Covenant was the body or universality of the people themselves then their Parliaments in their Parliamentary capacity like the oath of Iosua the princes which did binde the people in all time coming notwithstanding of what they might have said for themselves as not owneing the same but murmureing against it Yea the King in his princely capacity sitting on his throne with the crowne on his head in the day of his solemne inauguration this though there were no more will make it a reall Covenant binding the people according to that imperator foedus percussit videtur populus percussisse Romanus As King Zedekiah's oath to the King of Babilon did oblige the people Now then seing where either the body of a land their Parliaments or their prince in their severall capacities do Covenante the Covenant becometh reall perpetually obligeing much more must it be so where all these three are so theseoaths being Regall oaths Parliamentary oaths nationall oaths covenants they must be covenants perpetually obligeing so that as long as Scotland
to any Councell But what followed upon this perfidious dealing When the report of the execution of Iohn Husse Ierome of prague spreadeth thorow Bohemia there ariseth great tumults which draw to a war under the valient renouned Iohannes Zischa which was so bloody cruell that Sigismund was forced to implore help of the Empire Memorable is that passage in the Turk's historie concerning the Covenant betwixt Vladislaus King of Hungary Amurath for Ten yeers peace the consequences of the breach thereof This Vladislaus was moved by great Kings princes as well Mahumetans as Christians also by Iohn Palaeologus of Constantinople by Francis the Cardinall of florence generall of the Christian fleet who shewed him how low Amurath was brought what faire advantages the Christians had Especially by Iulian the Cardinall who had a long speach to this end pressing him to break that Covenant having ended his discourse in name of the Pope he disannulled the league absolved Vladislus all whom it might concerne Whereupon the war was renewed against the Turks when battell was joyned near to Varna the victory began to incline to the Christians so that Amurath was thinking to flee but was stayed by a privat souldier when he saw the great slaughter of his men beholding the picture of a crucifix in the displayed banner of the Christians he plucked the paper out of his bosome which did containe the late league holding it up in his hand with his eyes cast up to heaven said Behold thou crucified Christ this is the league which thy Christians in thy name made with me Which they have without cause violated Now if thou be a God as they say thou art and as we dreame revenge the wrong now done unto thy name and me and shew thy power upon thy perjurious people who in deeds deny thee their God A little thereafter Vladislaus is killed his head is stuck up upon the poynt of a speare his army is broken Iulian the Cardinall is found mortally wounded by the way side in a desert Scarce the third part of the Christian army escapeth And long after this the warre with the Turks had very ill successe It is reported of Rodolphus duke of Suevia that being instigated by the Pope he waged ware against Henry the 4th Emperour of Germany contrary to his oath having a crown senâ—… to him with this Motto Petradedit Petro Petrus diadema Rodolpho The rock gave 't Peter Peter so On Rodolph doth this crowne bestow But in fight Rodolphus lost his right hand falling sick he called for it said â—…ehold this my right haâ—…d which hath suffered a just judgment which through your Importunity contrary to all equity broke that oath which was given to Henry my Lord and master Fuller in his history of the holy war speaking of the causes of the many losses which the Christians had in that undertaking sayeth How could saiftie it self save this people 〈◊〉 blesse this project so blackly blasted with perjurie a sin so repugnant to morall honesty so injurious to the peace quiet of the world so odious in it self so scandalous to all men to break a league when confirmed by oath the strongest bond of conscience the end of particular strife the souldier of publick peace the assurance of amity betwixt diverse nations is a sin so hainous that God cannot but most severely punish it no wonder then that the Christians had no longer abideing in the holy hill of Palestine driveing that trade wherewith none ever yet thrived the breaking of promises wherewith one may for a while fairely spread his traine but will melt his feathers soon after The fabrick must needs come tumbling down whose foundation is laid in perjury In the history of Scotland there are severall memorable passages to this purpose When Durstus the eleventh King was pursued by the Nobles for his wickednesse had promised to amend his manners He did solemnely swear to passe in oblivion all by-gones but thereafter he treacherously killed the nobles at a feast unto which he had invited them But what followed upon this The body of the Land rose up in armes against him he was killed in battell Thus did God pursue him for his perfidy It is recorded by Buchan on the life of Gregorius that the Britans after they had made a peace with the Scots did break their Covenant invaded the Scots But divine vengeance pursued them for this for they were broken defate by Gregory at Lâ—…maban their King Constantin was killed Memorable is that story of Balliol who to get the Kingdom promised swore subjection unto the King of England thereafter having received some â—…ussle at the court of England for being accused by one McDuff he was constrained to stand at the barr there to defend himself he reneweth the old league with France casteth off England contrare to his oath alledging that he was forced to give that oath that albeit he had done it willingly it could not stand because he had not the consent of Parliament without whose consent the King might do nothing in matters belonging to the whole Kingdom But these shifts could not clear him from perjury nor free the land from wrath because of that sin for war was raised at Berwick above 7000 of the Scots were killed even the floure of the nobility of Lothian â—…ife The castles of Dumbar Sterline Edinbrugh were taken Balliol himself was at length apprehended sent prisoner to London all the nobles were called by King Edward to Berâ—…ick there were forced to swear subjection to him And thus was the Kingdom keeped at under a long time by the Englishes save what liberty was obtained by renowned Sr William Wallace but this did not last long for Scotland was againe subdued King Edward called a Parliament at St Andrews where againe all the nobles except Sr William Wallace did swear alleagiance unto him this was the sad fruite of perjury which made the land mourn many a day When Cumin Bruce made a compact together at London for to endeavour the liberating delivering of the Kingdom out of the hands of the Englishes had given an oath of secrecy faithfulnesse to other Cumin perfidiously did reveal the matter unto King Edward but for his treacherie God pursueth him for ere long he is killed by Bruce in the Church of Drumfries About the year 1447. England breaketh their promise of truce unto Scotland useth some incursions to spoile Scotland But being payed home by the Scots it draweth to a warre on the south borders there England is foiled looseth 3000 beside many prisoners the Scots obtaine a great booty for the English did certanely expect the victory therefore came forth more for pompe glory then for fighting About the year 1535 the King of England sent to Scotland to commune with the King about some
to look on that escape as flowing from no ill will which they carry unto the Estates of Scotland but meerly from want of information though it had been wished that they had forborne to have vented in publik any such reflexion untill they had been better informed But furder to goe on in speaking to the author now under examination At that time when the King was crowned it became him all to have construed otherwise of his majesty to have said with Cicero de officis lib. 3. Quasi vero fortâ—… viro vispossit adhiberâ—… as if a slout and constant man could be forced unto any such thing with Doct Sander sâ—…pius esse nequit qui non est fortis he who is not thus stout and constant can not be a godly man But now seing it hath pleased his Maj. to declare unto the world in print that he did sweare that Covenant against his will all are bound to give him credit But withall this must be said That Scotland is at a great losse not knowing how they shall be secured in any thing or how they shall know when Kings at their coronation do swear willingly when not on what ground they now stand who can know for it may be as well said that he swore that oath which was enjoyned to be sworne by the 1. Parl. of King Iam. 6. against his will upon this ground it may be alledged that he is not now bound to maintaine the true reformed religion not yet to rule the land by the laudable lawes thereof but only according to his own will pleasure But this author goeth on sayeth It would be considered whether this be de jure naturali that a consent of a superiour once given to the vow of an inferiour he hath no power to revoke his consent upon reasonable causes and to make void the vow Lessius thinketh the precept is eatenus judiciall Ans. He would gladly put to his Amen unto this if he did not feare to be hissed at What Lessius or any of his stamp say is not very materiall But whereas he thinketh that that part of it is judiciall he had done better if he had given one word of reason for it But if he thinketh that that part of it is judiciall what if others think that the rest of it is judiciall also so it be wholly laid aside as judiciall But who ever these great schollers are who think that the superiour may revoke his consent it is too too apparent that they are not great divines who would teach people thus to falsify their oaths promises nor are they good royalists who with Matchiavell who sayeth Princes should not have vertue piety faith religion or integrity yea that it is dangerous to them to use those alwayes that it is necessary sometimes for them to do contrary to their faith and promise and turne with the winde would teach Kings to take their word againe when as nudo jus reverentia verbo Regis inesse solet quovis juramine major undertake to maintaine that maxime that principi â—…ihilest injustum quod fructuâ—…sum That a prince can do no wrong whatever he doth if it be for his own gaine seing Solomon that wise King sayeth Prov. 17 7. That lying lips become not a prince the emperour Charles 5. when questioned by â—…udovick palatine of Rhine why he would not break his promiâ—…e to Luther said That though faith in keeping of promises should be bâ—…shed out of all the world yet it should remaine with the Emperour But Doct Sanders a better casuist then this author resolveth the case otherwise ubi supra prâ—…l 7. § 6. saying 3. if the superâ—… hath once confirmed the promise by his expresse consent â—…edent or subsequent he cannot afterward make that promise void and null or loose its obligation Now it was shown before That the Scottish Covenanters had more then his Maj. consent They had him swearing the same thing so that there can be no power of revokeing or of doing or of putting his inferiours to do any thing contrary to the oath and what sayeth this author unto this He sayeth for sooth That it is granted unlesse upon some other ground there be a clear looseing of the superiâ—…urs oath a ceasing of the obligatiiâ—… of it Ans. Spectâ—…um admissi râ—…sum teneatis amies Seing he had a minde to say this why hath he troubled his reader all this while What these other grounds are he hath not yet showne this is a faire consession that he hath been beating the winde therefore this first case is sent away with disgrace for now at length he is ashamed of it and it may be he shall have cause likewise to be ashamed of the rest ere all be done for it is malum omâ—…n in â—…mine cespitare The second case which he mentioneth shall be thus summed up when the matter abideth not in the same state but something in providence occureth before the accomplishment of the oath which maketh the performance either sinfull as the delivering of the sword into the owners hand when turned mad or importing some turpitude or something against morall honesty as marrying of a woman after oath discovered to be with childe to my brother or anyother man then the obligation of the cath ceaseth so is the case here sayeth he some thing occurreth now which maketh that without sin we cannot performe that oath for suppoâ—…ing the indifferency of prelacy we cannot performe that hath without disobedience to the Magistrat in a matter wherein he hath power to command no oath can binde sayeth Perkines against the wholsome lawes of the common wealth neither is it materiall whether the lawes be made before or after the oath bâ—…th wayes the matter of the oath becometh impossible de jure and though in indifferent things of private coÅ„cernment an oath may take away liberty Yet a subjects oath cannot take away the power of the Magistrat in things not unlawfull nor binder subjects from obedience otherwise subjects might finde away to plead themselves free from obedience in all things indifferent This is the summe of his discourse unto which it is Ans 1. The ground of this is yet questioned for it is showne that as to the 2 Article about which most of the contest is the Covenant is not about things indifferent but things morally evill as is uncontroverted in all poynts save that of prelacy and to take it for granted that prelacy as there abjured is a thing indifferent is more then any adversary will yeeld to him 2. Be it granted that such a government as is there abjuâ—…ed is not expresly against the word of God yet a thing indifferent may become inconvenient inexpedient an oath made concerning those things may be undoubtedly good lawfull 3. If this doctrine of his hold good It shall be hard to know what matter it should be about which an oath should
was some difficulty whereby one article was unclear to them at that time could not think that prelacy was undoubtedly abjured Yet others did those same who at first did doubt received light by the assemblies declaration then saw that by the Covenant when first taken by the Church prelacy was abjured And that by their taking of the Covenant according to its true genuine native first sense now discovered made plaine though before as to this particular unclear they had also abjured the same governement of the Church by prelats 2. How the Covenant it self importeth the abjuration of prelacy hath been showne above the added interpretation needed not import any such thing Next he sayes Nor hath the body of the people of the land by any after deeds owned that assemblies senseing of the Covenant Ans. Neither was it necessary that they should do so seing by taking of it they did owne it in its true sense the Assembly did no more but declare which was its true sense against which when declared the body of the land did not protest therefore by their silence did sufficiently declare their owneing of that sense as the only true sense And further the after Actings of the body of the land in prosecuteing the ends of that Covenant did abundantly shew their owneing of that sense of none else Nor sayeth he was there any Act of that assembly ordaineing that all should owne their determination of the sense thereof Ans. And that because there was no necessity for such an Act their clearing of the true meaning of the oath shewing how it could be understood in no other sense was sufficient All such as took the Covenant by a native undenyable consequence beâ—…oved to take it in this sense to owne the assemblies determination because they behoved to take it in its owne sense the assembly did no more but shew what that was 2. There is an Act enjoyning all in time coming for avoiding any further doubt or disput to take it according to their determination in the poynts then debated And an other Act discharging any to take it in any other sense True sayes he but few did so if any did so they are to consider whether they have been too rashly carryed on in the current of that time without 〈◊〉 just examination of matters Ans. whether there were few or many that did so all is one since he thinketh it rashnesse in any to do it But why was it rashness to take a Covenant a lawfull Covenant in its true sense Can this be an Act of rashness oâ—… is it not rather an Act of wisdome deliberation But moreover was it rashness to obey an Act of Councell made Aâ—…st 3. 1â—…39 Concâ—…ng 〈◊〉 is an Act of a generall assâ—…bly having the comfort of civill â—…arction addâ—… by his Maj. câ—…missioner Agust 17. 1639. sure he will not be able to make this good Thus is all which this aâ—…or doth alâ—…dge against the obligeing force of the nationall Covenant answered And now the reader may judge whether or not by vertue of that Covenant which was imposed by lawfull authority both by Church state against which no exceptions of any force can be brought the whole land standeth obliged against the governement of the Church by prelats And whether there can be any clear ground or warrand for abjureing of that Covenant taken from any deed of the Assembly 1638 seing that assembly did nothing but cleare up the true sense meaning of the Covenant out of the authentick records of the Church their sense was approved by his Maj. commissioner by an act of the privy Councell And then An. 1640 all this was confirmed ratified by Act of Parliament So that it must be the height of impiety to subscribe a declaration for abjuration of this Covenant Now may the world wonder at the boldnesse of men who darâ—…upon such slender grounds encourage others unto such horrid Acts of iniquity at the hearing of which heathens may stand astonished Yea which is yet more wonderfull it was publickly debated concluded in Parliament That no Covenant or promise made by the King to his subjects in the time of a civil warre is obligeing but that so soon ever as occasion is offered he is at liberty to break the same though even Grotâ—… connot but say de jur bel Pac. Lib. 2 c. 14 § 6. that from a promise or a Covenant made by a King unto his subjects there ariseth a true proper obligation which giveth right unto the subjects A resolution which may make all protestants in Europe it may be at least in Germany Franâ—… Piedmont the Low countreyes to tremble for all the security which they have for their liberties freedome of religion in peace quietnesse is upon a Covenant 〈◊〉 promise which was made to them in a civil war And if Neighbour princes Kings have this principle in their headâ—… heart protestants have need to be upon thâ—… guaird For now they may see their neck and all iâ—… hazard when ever any occasion is offered they need trust their Kings princes no longer then they see them out of a capacity to hurâ—… Must not those be bloody men whose hearts do thus thirst for Christian blood who have such bloody conclusions resolutions No faith is to be keeped to â—…ereticks say papists no faith is to be keeped unto subjects say they But what if this bloody resolution which they did intend against others shall recurre upon themselves Reader think not this impossible Yea by this resolution they have laid down that ground which in end may prove the most destructive conclusion to the throne that ever was hatched out of hell for let it be but supponed what hath been may be againe is not impossible that there were a civill warre betwixt King subjects how shall it end For now they shall never once come to a treaty no Covenant no agreement no promise will ever be heard of because there is no security in those by their own confession the war then must never end till the one party do utterly destroy the other if the King shall utterly destroy his subjects where shall his Kingdom be And what glorious advantage will he have in that victory And if the people prevail the manifold bypast experiences thorow the world hath made this appear to be the most probable of the two root out the King all his posterity so overturn the throne Let the world judge who is most to be blamed The Dutchesse of Parma gave such an answer at the first unto the nobles of the Netherlands when they desired her to minde her promise That she was not bound to do so further then shee saw it for heâ—… advantage the world now seeth where how that warre ended Euchan recordeth in his annalls lib. 16. That when Alex
The grounds ends of this undertaking SECTION 1. Pag. 5. Sheweth When the Christian religion began first in Scotland That Palladius was the first prelate in Scotland No prelats among the Culdees How when reformation from popery began Superintendents no prelats Nationall Assemblies from the beginning of the reformation How the Tulchan Bishops came in over the Church her belly The Church wrestleth till these be put away presbyterian Government be setled in all her judicatories Anno 1592. The King thereafter incroacheth upon the privileges of the Church Prevaileth with some of the Ministers who betray the Church yeeld to Parliament-Bishops hinder the Church from enjoying her privileges liberties in her free Assemblies The faithfull Zealous are persecuted Parliaments carry on the King's designe with violence Corrupt Assemblies are convocated to further his Maj. designe to give Church power unto these Parliamentary Prelats Parliaments ratifie all The Church protesteth striveth against all this what she can The prelats being now inthroned tyrannize over oppresse the faithfull laboure to have ceremonies imposed upon the Church with force acts made in Parliament for bringing in the surplice Corner cap unto which some worthy nobles could not assent Anno 1633. Who are therefore accounted rebels traitours And Balmerino is condemned The prelats rage without all law draw up a service book book of canans c. SECT 2. Pag. 44. Sheweth How the use of the service book was hindered in Edenburgh Ministers people from all parts of the Kingdome petitioned against it The King favoureth not the petitioners They not withstanding continue in petitioning against the service book high Commission prelats c. Renew the nationall Covenant thorow the whole land The King intendeth a war An Assembly is indicted at Glasgow Nov. 21. And opened up This Assembly condemneth anulleth severall pretended Assemblies the book of common prayer the book of canons the book of consecration ordination the high commission court the ceremonies excommunicateth some deposeth all the prelats War is prepared against them They defend themselves A pacification is concluded another Assembly promised a Parliament thereafter The Assembly is opened up The Parliament is convocated but quickly adjourned Commissioners are sent to London imprisoned A new war is raised by the King Scotland prepareth for defence A new pacification The Parliament meeteth ratifieth all which the Covenanters had done Those acts are againe ratified The Parl. of Engl. beginneth a work of reformation entereth into a Covenant with Scotland the two nations joyntly proceed in the begun work of reformation A party in England strengthen themselves alter the judicatures take away the King's life Scotland bringeth home the prince who sweareth the Covenants is overcome by the Englishes in battell keeped in bondage ten yeers till the exiled King returned Anno 1660. SECT 3. Pag. 69. Sheweth Why these Ministers others who met Agust 23. 1660 were incarcerated what their supplication was And how unjustly they suffered upon that account SECT 4. Pag. 77. Sheweth What were the grounds upon which the Marquise of Argilâ—… suffered how insufficient in poynt of law from severall considerations SECT 5. Pag. 83. Sheweth What were the grounds upon which the life of precious Mr Guthry was taken how insufficient Either in law or conscience SECT 6. Pag. 86. Sheweth Upon what account other Ministers were persecuted And how unjustly Some banished for righteousnesse sake some indictâ causâ An extract of the sentence was refused to thosâ—… to all others SECT 7. Pag. 88. Sheweth The grounds why conscientious Ministers could not observe the anniversary day SECT 8. Pag. 91. Sheweth The reasons why Ministers could not observe the prelatâ—… meetings The author of the seasonable case c. Answered SECT 9. Pag. 101. Sheweth The reasons why ministers could not seek presentations from patrons nor collations from prelats The author of the seasonable case answered SECT 10. Pag. 114. Sheweth The true sense of the oath of alleagiance which was tendered Anno 1661. c. Compared with the former how it holdeth forth a great civil supremacie in the King cleared by the act 11 parl 1661. Which at least is much to be questioned from nine severall grounds And cannot lawfully be acknowledged because of ten dreadfull consequences which shall necessarily follow thereupon The former proceedings of the Church state of Scotland vindicated cleared SECT 11. Pag. 140. Sheweth The lawfulnesse of Scotlands defensive war first from the former practices of Scotland other Kingdomes King Iames King Charles confessions of adversaries next from a true clearing of the state of that war in Six Particulars which obviat all the objections of adversaries And lastly from lawyers adversaries the law of nature the law of nations the law of God sound reason SECT 12. Pag. 169. Sheweth What is the meaning of the oath of alleagiance as to its Ecclesiasticall part What way the King's supremacy over Church persons in Church causes began was carryed on in England How the same was advanced to a great height in Scotland What sense this King the late Parliament did put upon the oath of alleagianee by their Acts Actings How it were sinfull to acknowledge by taking the oath That so much Church power belongeth unto the civil Magistrate cleared by Nineteen particulars SECT 13. Pag. 200. Sheweth The groundlesnesse of Mr Stilling fleet 's notion concerning the divine right of formes of Church governement by making it appear how he overturneth his owne grounds how he misstateth the question the practice of the Apostles ground a jus divinum here Christ's institution the institution of the Apostles is for a particular species Christ's faithfulnesse in his office speaketh much for this The hazard is great in leaving the species undetermined The confession of the faith of severall Churches for a Species How he misseth his pretended end arme And how unseasonable his book is at this time uselesse so long as the league Covenant standeth in force though his notion were true in thesi SECT 14. Pag. 254. Sheweth How weak the Reasons are which plead for the taking of the oath of alleagiance by answereing Sixteen of them SECT 15. Pag. 270 Sheweth How unlawfull it is to owne acknowledge the curats foâ—… lawfull Ministers by fourteen reasons Foure objections answered SECT 16. Pag. 298. Sheweth That it is lawfull for Ministers banished from their owne flocks by a sentence of the civil Magistrate to preach in publick or private as God calleth by Eight reasons Thrâ—… objections are answered SECT 17. Pag 305. Sheweth That it is lawfull for Ministers though censured by the pretended prelate to preach as God giveth a call whether in publick or in private by Six reasons Foure objections are answered SECT 18. Pag. 310. Sheweth That it is lawfull for people to meet together for hearing honest Ministers preach publickly or privately And for other Christian duties notwithstanding of Acts made against it by severall reasons One objection answered SECT 19. Pag. 316. Sheweth How unlawfull it is to acknowledge the high commission court by compeering before it by Eleven reasons Foure or five objections are answered SECT 20. Pag. 327. Sheweth How dreadfull a sin it is to abjure the Covenant a sin aggravated by twelue particulars SECT 21. Pag. 347. Sheweth What judgements perjury hath brought on in all ages out of history sacred prophane SECT 22. Pag. 359. Sheweth The lawfulnesse binding force of the solemne league Covenant notwithstanding of all which the author of the seasonable case c. hath said against it SECT 23. Pag. 391. Sheweth The lawfulnesse of the nationall Covenant as it was sworne subscribed Anno 1638 1639 c. Notwithstanding of all which the author of the seasonable case c. Hath said to the contrary The CONCLUSION Pag. 416. Sheweth What the now afflicted Church of Scotland expecteth from strangers what use they should make of this sad dispensation c. FINIS Whence may not men destruction feare Who with deceitfull hearts do sweare This age wherein we live is void of faith For writes are signed twelue witnesses before The notar writt'th both time place what more Yet come'th a man of words who all deny'th King's words have weight great respect More then all oaths which men exact
approved there the same may be with publick humiliation all Religious answerable solemnity sworne subscribed by all true professors of the Reformed Religion all his Maj. good subjects in both Kingdoms Thereafter on the same day it was approvedby the Convention of estates then sent unto the kingdome of England where after mature deliberation it was approved by the learned assembly of Divines by Both Howses of Parliament by them in their solemne assemblies after sermon solemnely sworne subscribed by Ordinance of Parliament sworne suhscribed in all the parishes of the Kingdome a copy thereof appointed to be affixed in every parish Church also a faire Copy thereof with all the names of the members of Parliament who subscribed the same is ordained to be affixed at the end of the great Hall of Westminster When thus it was sworne subscribed in England The Commissioners of the Gen. Assembly Octob. 11. 1643. ordained the same to be with publick Humiliation all Religious solemnities received sworne subscribed by all ministers professours within the Kirk for this effect it is ordained That the League Covenant be forthwith printed that the printed copies bound with some clean sheets of paper be sent unto the ministry that every minister upon the first Lords day after the same shall come to his hands read explaine it by Exhortation prepare the people to the swearing subscribing thereof solemnely the Lords day next immediately following ordaine that presbiteries proceed with the censures of the church against all such as shall refuse or shift to swear subscribe the same And the Commissioners thinke it very convenient for good example the better encouragement of others that it be solemnely sworne subscribed by themselves now present before the Congregation in the East kirk upon friday next the 13 of this instant after sermon exhortation to be made by Mr Robert Douglas Moderator that the Commissioners of the Convention of estates now in towne the Commissioners from the Parliament of England Divines of that kingdome here present be earnestly desired to joyne with them in this solemne Religion action Upon the 12 of Octob. the Commissioners of the convention of Estates did also ordaine the same to be sworne subscribed under the paine of being punished as enemies to Religion his Maj. honour peace of the kingdoms to have their goods â—…ents confiscate c. also ordaine all Sheriffs Stuarts others his Maj. magistrates in Brugh land Committies in the severall shires to be assisting to ministers and presbiteries in procuriing reall obedience hereunto Which deed of the Commission of the Church was ratified approved by the Gen. assembly Jun. 28. 1645. So is the deed of the convention of estates their commissioners approved ratified by act of Parl. July 15. 1644. where the League Covenant is insert in the Registers Thus the kingdoms of Scotland England after other meanes of Supplication remonstrance Protestation and sufferings to the end they might preserve themselves and their Religion from utter ruine and destruction according to the commendable practises of these Kingdomes in former times and the example of Gods people in other Nations after mature deliberation resolved and determined to enter into a mutuall and solemne League and Covenant wherein all did subscribe and with hands lifted up to the most High God did swear as they should answer at that great day to God the searcher of all hearts That sincerly really and constantly they should endevour in their severall places and callings 1. To preserve the Reformed Religion in the Church of Scotland in Doctrine worship Discipline and Governement and to Reforme England and Ireland according to the word of God and the example of the best Reformed Churches and to bring the three kingdoms to the nearest conjunction and uniformity in Religion Confession of Faith forme of Church governement Directory for worship and Catechising 2. To endevour the extirpation of popery Prelacy Superstition Heresy Schisme Prophaness and whatsoever shall be found contrary to sound doctrine and the power of godliness 3. To preserve the Rights and privileges of the Parliaments liberties of the Kingdomes and the Kings Maj. person and authority in the preservation and defence of the true Religion and liberties of the Kingdomes 4. To discover all such as have been or shall be incendiaries Malignants or evill Instruments hindering the Resermation of Religion dividing the king from his people and the kingdomes one from another or making any fâ—…on or parties among the people contrary to this League and Covenant that they may be brought to triall and condigne punishment 5. To endevour that these kingdomes may remaine conjoyned in a firme place union to all posterity 6. To assist such as enter into this Covenant and not to suffer themselves any maner of way to be divided or to make defection or to give themselves to a detestable indifferency and neutrality in this cause but shall continue â—…in against all opposition and promote the same according to their power against all sets and impedimentes whatsoever When these hands did thus enter in Covenant with the great God of heaven earth many of soul was converted which was as the finite of this noble Marriage when they saw the wonderfull works of the Lords right hand whereby he openly â—…nyably owned that Covenant such as entred into 〈◊〉 Then did these Churches flourish begin to have a beautifull countenance to be admired abroad by strangers who stood astonished at the report of what they did hear dayly of the Lords owneing fighting for that Covenant seconding the Covenanters in carrying on the Ends of the same But at length after the Lord had by many signes wonders testified his displeasure against broken the whole strength force of the Popish Prelaticall Malignant faction wrought deliverances in all the three kingdoms for the people that engadged in Covenant with him It seemed good in his eyes who doth all things according to the counsell of his own will to suffer another enemy to arise to trouble his Church to try his people viz. the Sectarian party who grew to such an hieght in the English Army that they over-ruled the Parliament of England putting away the House of Peers they modelled the House of Commons as they thought good erected a New Court which they called an High Court of Iustice before which they did Impannel the King at length did violently take away his life Januar. 30. 1649. against which deed the Commissioners both from the Church State of Scotland did protest were therefore hardly used at London When the report of this cometh to the eares of the Parliament of Scotland which was then sitting They upon the 5. of Febr. 1649. considering that for as much as the kings Maj. who lately reigned