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A77444 An historicall vindication of the government of the Church of Scotland from the manifold base calumnies which the most malignant of the prelats did invent of old, and now lately have been published with great industry in two pamphlets at London. The one intituled Issachars burden, &c. written and published at Oxford by John Maxwell, a Scottish prelate, excommunicate by the Church of Scotland, and declared an unpardonable incendiary by the parliaments of both kingdoms. The other falsly intituled A declaration made by King James in Scotland, concerning church-government and presbyteries; but indeed written by Patrick Adamson, pretended Archbishop of St. Andrews, contrary to his own conscience, as himselfe on his death-bed did confesse and subscribe before many witneses in a write hereunto annexed. By Robert Baylie minister at Glasgow. Published according to order. Baillie, Robert, 1599-1662.; Adamson, Patrick, 1537-1592. Recantation of Maister Patrik Adamsone, sometime archbishop of Saint-Androwes in Scotlande.; Welch, John, 1568?-1622. 1646 (1646) Wing B460; Thomason E346_11; ESTC R201008 133,114 153

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they were not in a capacity to receave it till once they were an Assembly so with Lauristons good liking they did pray and chose their Moderator and Clerke thereafter they did receive and read the Letters discharging the Assembly to which they gave present obedience and did no more at all but appointed the next meeting according to the expresse act of Parliament Lauriston after the Assembly was dissolved was so officious as by a Lyon herauld with a publike Proclamation to command them to be gone this Proclamation most falsly he did antidate as if it had beene used before the Ministers sat downe hereupon the Ministers were convened before the secret Counsell for keeping of a Conventicle contrary to the Kings command they answered as Spotswood says that they had done nothing but according to the Laws both divine and humane That the Generall Assembly had right to meet in the great necessities of the Church and the Laws of Scotland gave them expresse warrant to meet Lauriston told them that the King might delay all meetings both of Church and State Parliaments and Assemblies so long as he pleased they replyed that they could doe nothing against the Kings mind so long as they followed the expresse order of his standing Lawes When the King and state has past an act for Trienniall Parliaments and the Commissioners of shires doe meet at the day appointed to fence a Par●iament according to Law and long uncontroverted custome if by evill Counsell the King should not only delay but by a Proclamation put of the meeting to an uncertaine and infinite time ought these Commissioners for following the instructions of their shires according to Law and custome be lyable to any censure the case now in hand is just the same The Ministers did plead further that the privie Councell was not a competent Judicatorie to the question what was a lawfull or unlawfull Assembly that by the Lawes of the Kingdome such questions were to be decided by a lawfull Generall Assembly and not elsewhere At that time Doctor Bancroft was Patron to the naughty Preacher of Scotland who were panting for Bishopricks and as after the conference at Hampton Court he had moved the King to crush the most of the gracious Brethren of England who could not submit to Episcopacie and its Ceremonies So then did he hasten a Message to the Councell of Scotland for the condemning all who adhered to the Assembly of Aberdeen of high Treason To maintaine a power in the Church to keep an Assembly or in the State to keep a Parliament whether to begin or to continue it when the King did discharge though the Law did expresly warrant it was to oppose the Royall prerogative and could be no lesse then the highest treason especially if any did decline the Judgement of the Privy Counsell or any other Judicatorie to which the King was pleased to referre the decision of this case though the nature of the thing and the Law did require the question to bee determined in another Court For this plea a number of gracious Ministers were condemned by an Assize to be executed as Traitours but thereafter as it were of great favour and speciall grace their lives were spared yet were they all presently banished never to returne to any of the Kings Dominions while they lived All the godly and wise in the Land did cry out upon this Act of the Candidats of Episcopacie as of the highest unjustice and Tyranny All the sufferers were men exceedingly beloved Mr. Welsh and Master Forbes their oppression but some of them were very eminent Master Forbes was a man of so great learning and prudence that in Germany both higher and lower yea with King Iames himselfe and King Charles he was held while he lived in singular reputation Master Welsh was a man altogether Apostolike of rare both learning and piety The fame of this mans zeale was so great that not only the Protestants of France but the very Popish Priests and Souldiers yea the prophanest of the Court and King Lewis himselfe at the very time of his hottest persecutions did much prize and reverence him yet so great was the rage of the Bishops against him that when in his old age and great sicknesse he came over to England and according to the direction of his Phisitians did supplicate to be permitted to breath a little in his naturall aire though he was altogether unable for preaching or making any more sturre in the world it was peremptorily denyed him unlesse he should give assurance of putting his necke under the Episcopall yoke not being able to doe this he was forced to dye out of h●● Country a banished man Who would not have th●●●ht that the ruine of so many gracious men might ha●●●●lly satiate the malice of a few ambitious persons Bancroft a persecutor of the Scottish Presbiterians bu●●● they were not content they proceeded farther in their cruelty they moved the King to call up to London a number of more Divines who for piety zeale and learning were of greatest reputation The pretext was faire and his Majesties Letter to them courteous he required them to come up to give him their best advice how the Church of Scotland might best be settled in peace but behold Bancrofts and the Scottish Episcopaturians fraud they are brought before the King and Councell and there are posed with a number of dangerous and insnaring questions to which they declined to answer yet being much pressed they gave in their mind in writing so humbly and prudently as was possible no quarrell could be picked against any of their words yet were they all arrested to stay at London till contrary to Law and the order of the Church and the heart of all the godly their adversaries were set downe in Scotland upon their Episcopall Thrones Mr. Andrew Melvil The undoing of Mr. Andrew and Mr. James Melvils a great Light to the Scottish Nation for his free speeches after great provocation against the English Bishops and Ceremonies to which he a stranger called up by the Kings friendly Letter did owe no subjection was kept prisoner three whole yeares and then was sent over to Sedan where he lived to his death a banished man His Nephew Mr. Iames Melvil for his excellent parts in great favour with the King but unable to comply with Episcopall designes was kept out of Scotland till his dying day the rest were at last sent home but all of them as Prisoners confined to certaine places These were the first fruits of the English Prelacie in Scotland but yearly thereafter that tree did bring forth such grapes of Gomorrha among us that the Land could be at no peace till it was cut downe yea plucked up by the rootes It might have satisfied the unnaturall malice of a very wicked child P. 41. Prelaticall calumnies to have bespattered the face of his innocent mother with the halfe of the former very injurious and false calumnies yet you
not in any Congregation of Scotland which I doe know a yearly election of Elders but in populous Cities where the Elders are many and diverse of them unable to attend that charge without the hurt of their estate the most of them being Merchants and Tradesmen who must travell for their livelyhood they have a liberty to be free from that service every two yeere if so they be content to attend upon a call every third yeere the Levites attended the service of the Temple but a few months in the yeare What is right or wrong in this custome of some few of our Congregations we are willing to debate it and as it shall be found just or unjust to keep or change that practise for in such things we love not to be contentious In your three last Sections yee do cast upon the Eldership in hand a rabble of incongruous practises Page 3. No Eldership inflicts any civill punishment although the Magistrate in the Eldership doth so sometimes what you bring of pecuniary mulcts imprisonments banishments jogges cutting of haire and such like it becomes neither you to charge nor us to be charged with any such matters No Church-assembly in Scotland assumes the least degree of power to inflict the smallest civill punishment upon any person the Generall Assembly it selfe bath no power to fine any creature so much as in one groat It is true the Lawes of the Land appoint ●ecuniary mulcts imprisonment joggs pillories and banishment for some odious crimes and the power of putting these Laws in execution is placed by the Parliament in the hands of the in●eriour Magistrates in Burroughs or Shires or of others to whom the Counsel Table gives a speciall Commission for that end ordinarily some of these civill persons are ruling Elders and sit with the Eldership So when the Eldership have cognosced upon the scandall alone of criminall persons and have used their spirituall censures only to bring the party to Repentance some of the Ruling Elders by vertue of their civill office or commission will impose a Mulct or send to Prison or stocks or banish out of the bounds of some little circuit according as the Acts of Parliament or counsell do appoint it But that the Eldership should imploy its Eccclesiastick and Spirituall power for any such end none of us doe defend That either in Scotland or any where else in the world the haire of any person is commanded to be cut by any Church judicatory for disgrace and punishment is as I take it but a foolish fable That any person truely penitent is threatned in Scotland with Church censures for non-payment of Monies is in the former Category of calumnies But suppose that all your alleagations were true Bishops confound miserably the spirituall and civill office yet how congruously does a challenge of this kind come from your mouth do you think that all civill imployments are incompatible with spirituall offices How many Ministers did you get to be Iustices of Peace you your selfe were a judge of Common-pleas your colleague S. Andrewes was Chancellor of the Kingdom you know the Treasurers white staffe was very neer to your hands and for the missing of it what stir you made Many of you were Lords of Councel and all of you Lords both of Parliament and temporall Lordships and Regalities where your Baylies kept Court in your names diverse of your Coat with your good liking have been Secretaries of State Keepers of the Privy Seale Leger Ambassadors with forraign Princes your brethren over Sea in France and Spaine Germany and Italy are Admirals of Royall Navies are Generals of Land forces are Princes of Temporall Estates according to these principles that I thinke you doe approve according to your Cannons in Scotland and your ordinary practise in England Great summes of mony were exacted in your spirituall Courts and pocketed up for private uses how many have been excommunicate there for non-payment of a shilling and refused absolution till their fine was payed with increase what do you speak to us of a pecuniary mulct of a very small and unconsiderable value taken up by the Magistrate and imployed only in pious uses Why doe you speak to us of cutting of Beards when your Prelates doe burne the cheeks how many gracious soules have been starved to death in your Episcopall dungeous how many thousands have you banished out of Bricaine out of Europe for no fault at all but their zeale to the truth of God how many hundred thousand hath your pride and obstinacy in error caused to be slaine within these seven yeares in the next age ignorant men may be pardoned to deny these things but it were great impudence this day to deny them when yet we do sticke in the Pit of these troubles wherein the madnesse of you Prelates hath cast us Your objection about the Baptisme of Bastards is vain We refuse Baptism to no insant where either of the Parents will undertake for Christian education for we refuse not that Sacrament to any of them if either of the Parents profesie Repentance and undertake for the Christian education of their child but the ground of your quarrelling in this Point is that we cannot follow your Popish Doctrine that we refute to professe the actuall regeneration of all baptized Infants and that we dare not put all unbaptized persons in the state of unregeneration and damnation Your next head concerns the Classicall Presbytery Page 4 5. No Prince pleads for any exemption from Ecclesiastick jurisdiction your first Objection against it which a little thereafter and oft elsewhere you do ingeminate is That the King and his family are subject to its Jurisdiction I would gladly know if among the rest of the Prelaticall absurd ties this were one That Christian Princes and Magistrates are fully exempted from all Ecclesiastick jurisdiction sometimes your party would seem to speake so as if every Magistrate at least every Prince were such a God upon earth that none might say to any of them Sir what are you doing though they were running to hell themselves and drawing at their heels all they were able This is so grosse a flattery that all advised Princes abhorre it and confesse themselves to be subject to Ecclesiasticall Discipline as well as others for they know if they should exempt themselves from this part of Christian religion they should presently be in hazard or loosing the benefit of all the rest for Christianity is a body of Articles so straitly joyned that either all must be received or none You your selfe though among the absurdest of all your faction do confesse so much as any Presbyterian in the world did ever thinke of you say that the Crowne and Scepter is subject not only to the directive power of the Church expound the Church as you will for a Congregationall Classicall or Nationall Eldership it is alike for the present Question but also to the authoritative power of the same whereby the
of Morton sundry Gentlemen of good quality most innocent were hanged many of the prime Noblemen Gentlemen and Ministers were forced to flee for their lives out of the Kingdome till all of them joyning together did ride in Armes to Stirling and by violence though without hurt to any mans person did the second time remove those Courtiers and for ever after kept them from the King to the full quieting both of Church and State This Rode of Stirling was much more cried out upon by the wicked Prelates and Courtiers then the former of Ruthven yet was it approved for good service to the King and State not only as the former by the privie Counse●l and convention of States but also by the ensuing Parliament and so it remaines unquarrelled unto this day Your third complaint is P. 45. The Assembly repeales no lawes but supplicates the Parliament to recall their ratifications of Ecclesiasticall corruptions that the generall Assemblies doe alter what the Law has established all your examples hereof are The Votes of the late generall Assembly at Glasgow condemning the civill places of Church-men pronouncing the very office it selfe of Bishops to be unlawfull in the Church and crying downe the high Commission Court Here you fall upon the Parliament of England as fooles and Traitours for letting themselves bee perswaded by the Scots to swallow downe their wicked Covenant To all this our Apologie is briefe what ever power our generall Assembly possesses is all well allowed by the King and Parliament The acts of that Assembly you complaine of are all ratified by the State the order of our proceeding is appointed by Law all matters Spirituall and Ecclesiastick are first determined by the generall Assembly if the nature of the things require a civill Sanction the Votes of the Assembly are transmitted to the Parliament if a Generall Assembly have voted an Errour or any thing that 's wrong and that corruption hath been ratified by an Act of Parliament a Posterior generall Assembly recognosces the matter and finding an errour in Religion notwithstanding of the prior votes both of the Assembly and Parliament does condemne it and appoints Commissioners to represent the reasons of their vote to the next Parliament with an humble supplication to annull these Acts and Laws which did confirme the condemned corruption This has been the method of proceeding in Scotland since the first erection of a generall Assembly in this way were all the Errours of Popery first condemned in the Assembly before the Parliament did recall their old Lawes whi●●●●nfirmed them The forme of this proceeding established by the Parliament it selfe does not import any subordination either of the lawes or the Parliament to the Assembly P. 46. It meddles with no civill Courts At this place p. 46. you bring us another story whereupon you make tragick out-cryes of the Assemblies insolent usurpations it seems you thought that this your book should never have come from Oxford into the hands of any Scottish man who knew the Custome of the Judicatories of Scotland I doe marvell much at your impudence that you should speake of the Assemblies incroaching upon the Lords of Session or medling with any Civill cause which the Law commits to any temporall Judicatory there is no better harmony in the world then alwayes has been in Scotland between the civill and Ecclesiasticall Judicatories no interfeiring was ever among them but what the Bishops made You indeed in your high Commission did take causes both civill and Ecclesiasticall to your Cognisance from all the Courts of the Kingdome and did at your pleasure without and contrary to all known Lawes finally determine them without any appeale but to the King by whom you were sure ever to be best be●eeved For the story in hand The case of Mr. John Graham I am content Spotswood be Judge as he relates it the matter was thus Mr. Iohn Graham one of the Lords of Session or Judges of the Common Pleas a very false and dishonest man intended an action against some poore men to put them from their Lands for to effectuate his purpose he seduced a publique Notary dwelling at Stirling and perswaded him to subscribe a false Writte upon the which the poore men by a decree of the Lords of Session were removed from their possessions The oppressed soules cryd out of their injurie and intended action against the Notary for his false Writ they got him arrested and imprisoned The Minister of the bounds Mr. Patrick Simpson whom King James and all Scotland knew to be a most learned zealous and pious Pastor as was in the whole Isle dealt with the Prisoner to confesse the truth after some conference he confessed all and declared how Mr. John Graham had sent his Brother to him with a false Writte which hee did subscribe an assize was called the poore Notary upon his own cousession was condemned and hanged Mr. John Graham as covetous and false so a most proud man would not rest satisfied but presently summoned Master Patrick Simpson to appeare before the Lords of Session as a seducer of the honest Notary to lye against his owne life Mr. Patrick was ready to cleare his own innocencie whereof all were well perswaded but shamefully wronged by an impudent man in his good name he caused cite him before the Assembly as a slanderer of a Minister in the work of his calling the Lords of Session not content that any of their number should be called before the Assembly for any action depending in their Court did send som of their number to the Assembly for to debate the whole matter The Assembly told them that they would not meddle with any thing that was civill nor which belonged to their Court that they intended to take no notice of their decrees at Mr. John Grahams instance to cast the poore 〈◊〉 out of their Land whether it was right or wrong nor the notaries Instrument wherefore he was hanged whether it was true or false They told them also that whatsoever they had to say to Mr. Patrick Simpson hee was to answer them as they should thinke fit in due time and place the Assemblies question was alone about the slander of one of their Members whom Mr. Iohn Graham did openly challenge as a Seducer of a Notary to beare false witnesse They had cited Mr. John Graham before them to make this good that so they might censure Mr. Patrick Simpson as a man unworthy of the Ministry or if Mr. John Graham's challenge was found a meere calumny that he might bee brought to repentance for it in acknowledging of his wrong Let any equitable man judge how insolent the Assemblies proceeding in this action was for a time there was some controversie about this matter betwixt the Assembly and the Session but at last all was amicably composed and God decided the question with the violent death and publick disgrace of Mr. Iohn Graham What ye subjoyne of King Iames trouble to the
before any Assemblies were in Scotland should be laid to their charge But what may those absurd asserions of Iohn Knox be he sayes as you alledge that the Nobility of Scotland who are borne Counsellours of the Kingdom and by the Laws have great priviledges may represse the fury and madnesse of a misled Prince I grant this to you must be a great Heresie who makes it one of the Articles of your faith that though Princes were as mad as ever Nero and should openly avow their desires to overturn all the sworn Lawes of their State and to kill without any cause all their Subjects yet for the Nobility or whole States of Parliament to make the smallest opposition or to goe one haires breadth beyond a naked supplication were no lesse then a damnable Rebellion and Treason but beleeve it the subjects of Scotland will not take off your hand such maximes without some Argument for their truth Iohn Knox is alledged to say that the Commonalty may bridle the cruell beasts and resorme Religion but what does it concerne the generall Assembly whatever power the Lords or Commons have by the Law or usurpe against the Law The matter whereof Iohn Knox is speaking is this The body of Scotland in the yeare 1557. were true and zealous Protestants the Masse and Images were to them Idols long before the governour and protector of the Kingdom Duke Hamilton was for the Religion At his first Parliament he did authorize some good beginnings of Reformation the Cardinall and Clergy at this grew mad and found means to translate the government from the Duke to the Queens Mother sister to the Duke of Guize and Cardinall of Lorain in the time both of the Duke and Queen Mothers Regency the cruelty of the Bishops was unsufferable They took divers of the most zealous Preachers and Professors men and women and publikely without any Commission from the Magistrate onely for their zeale to the truth of God did burne them quick as Hereticks After many yeers patience the people at last seeing no end of the Prelates fury did cause write Letters to some of their most wicked persecutors telling them that if they gave not over to murther their Brethren themselves should taste of that Cup of which they forced others to drink All the Reformation which the people at that time practised was to keep themselves pure from most vile Idolatry and in private to heare the Word of God purely preached They made no publike Reformation till first they had openly supplicated the Queen and gotten her allowance and a promise of an Act of Parliament in the yeare 1558. which promise when the Protestant Nobility Gentry and Commons did presse in face of Parliament it was not denyed by the Queen but cunningly put off upon assurance that all their desires at the first conveniency should be granted in the meane time she received their Protestation for a Liberty to live in their reformed Churches separate from Popish Idolaters and promised in due time to give to the Protesters full satisfaction Though you have brought together all the malicious a persions which your predecestors the Popish Prelates and Priests were wont at these very times to heap upon the heads of our blessed Reformers yet shall you never be able to leave any stain upon that happy work though here and elsewhere you spue out your dispight against it The Reformation of Scotland was begun by publique Authority in the first Parliament of Queen Mary the yeare 1542. holden by the Governour the Earle of Arran a Protestant for the time the setting up of it in publique was avowed and protested for in face of Parliament 1558. with the Queen Regents evident allowance and without the opposition of any but in the next Pa●liament 1560. the whole Estates without the contradiction of any but three Popish Lords did set up by Law the whole body of that Religion which since by Gods mercy we have ever peaceably possessed except so farre as wicked Prelates have troubled us It is true The suspension of the Queene Regen●s authority was an act of the State which did nothing I rejudice the Soveraignty that Queen Regent notwithstanding of her good countenance and faire promises was forced by the privy Instructions of her wicked Brethren Guize and the Cardinall of Loraine to oppose Reformation wherein fore against her own minde as at her death shee professed shee went so farre as to bring in many thousands of the French to conquer and subdue the Land They began to the terror of the whole Isle to fortifie Leith and other Maritime places they exercised an evident tyranny both in Church and State and overthrew the Laws and liberties of the Nation which forced the cheise of the Nobility for the casting off of this yoak of stavery from the Church and State and preventing the danger which threatned the whole Isle to enter in a covenant of defence both among themselvs and with the Queen of England but without the least prejudice to the just authority of their Soveraign then Queen of France as it after appeared for when by the blessing of God and the helpe of the English they had ejected the French usurpers they did heartily receive and obey the Queen so soon as she came from France For the justification of all this I could bring formall testimonies out of Spotswood himselfe What you say of the deposition of Queen Regent from her Authority it is false that any Church Assembly did ever meddle with it lesse or more it was the Act of the three Estates how just let any judge She was the first woman as I remember that ever in Britain had the government of the State it belonged not to her by any right the Lawes provided that charge for Duke Hamilton but she and the Prelates couzend him out of his right and long possession she became not only a violent persecuter of all the faithful against the Law and her own promises but also went about evidently by violence and force of Arms to subdue the land to the tyranny of strangers much of this shee did albeit at the direction of her Brethren of Loraine yet without all commission from our Soveraigne her daughter When no supplication nor remonstrance could stop her the Estates of the Land being all denounced Rebels and Traitors by her did passe an Act not for depriving her of her Regency but for the suspending of her Authority till the next Parliament or till shee altered the course of her tyrannous government with an expresse protestation that the authority and power of the King and Queen of France their Soveraignes should remain to them sacred and inviolable This act of the Statewhether right or wrong what does it concerne the generall Assembly of the Church be it so that a Minister or two being called for advice did give their assent to this action which is the furthest our Enemies alledge yet what hath this to doe with our Church government