of men and servants of their Lusts especially of those of their Patrons that thereby he might justly punish the World for not receiving the love of the truth And Particularly to punish the unlawful invasions made by the corrupt Church-men and Clergy of these times upon the civil Powers permitting them to prey on each others Rights and Priviledges Jure quasi Belli ac lege talionis till at length the whole frame of Church and state was turned to a Babel of Confusion and Egyptian Darkness And tho' the practising of such usurpations over the liberties of the Church might in a time of darkness be looked upon as a sin of Ignorance or weakness yet in such times of light as God hath set us in it must certainly be a sin of a higher nature and Degree XV. The Superstition of these times still advancing and particularly that Anti-evangelical Opinion of Merit taking daily deeper root the Clergy as they must be stiled were not a wanting to fish in these muddie Waters and to make their best use of that occasion by insinuating themselves upon weak and well meaning People especially in the time of their Sickness to make them part very liberally with their goods and possessions for the service of the Church and pious uses as they termed it And they did so terrifie them with the fears of Purgatory and Damnation for their Sins on the one hand and flatter them with the hopes of Indulgences pardon of sins and Prayers for their Souls and the honour they would acquire to themselves and their Posterity by such good Deeds on the other hand that in a short time the poor Peoples blind and superstitious zeal was screwed to such a pitch as nothing was sooner asked especially if not to take effect till after their Death than it was given So that as the Apostle sayes in a different case Gal. 4.15 they would have pluckt out their very eyes for the service of these rapacious Vultures XVI This is a Truth so incontestable that the civil Powers in the most of all Christian States found themselves under an absolute necessity to put some stop to such a Torrent of ill disposed Charity as was likely to terminate in the Settling of the whole Lands and Poslessions within their Territories In the hands of a sort of Men that depended upon a Foraign Power and pretended to an exemption and independencie from the Civil Authority of the States they lived in As among many other Instances that might be given may appear from that one Law in our own Nation prohibiting the disposal of Lands or Heritages by Persons on Death-bed XVII It is well observed by the Noble du Plessis Mornay in his mysterium iniquitatis that when the Christian Doctrine and Religion began to be corrupted in the Substance People endeavoured to cover their defection by retaining the Shadow and to seem as Religious as ever by building of Kirks Chappels c And that in Actions of this nature the worst of Men were ordinarly the most forward and devout that thereby they might obliterat the memory of their former vicious Lives and Practises both in themselves and others This is indeed a clear Paraphrase upon our Blessed Saviour's charge against the Scribes and Pharisees That they tithed the Mint and the Annise and omitted the weighter Matters of the Law Judgment Mercy Matt. 23. and Faith. XVIII Things being brought to this pass it is little wonder that the humour of building and doting of Kirks began to increase and the number of Patronages by consequence to multiply so that in a short time few Kirks or Congregations wanted some one or other for their patron And many times when Patronage could not be claimed upon the account of the building or doting of Kirks there was still some body found who under the least shadow of Reparations or otherwise and in default of all the Pope of Rome as pretending himself to be patron Supreme Paramount and Vniversal of all Kirks and since the Reformation in this Church our own Kings as coming into the Pop's place which by the way is none of the most honourable Successions assumed and usurped this Priviledge So that in a small time the Corruption was little less than universally spread XIX Before we leave this Head we may observe that as that Antichristian Church of Rome hath in most of her Institutions still endeavoured to advance her own splendor and greatness and her usurped Dominion over the Church and Consciences of God's People by an affected imitation of these interests which the Secular powers of the Earth have over the civil rights of their Subjects expresly contrare to the Precepts of our blessed Lord Luke 22. Which in this case deserve a very serious and special consideration Luke 22.25 to the 31. Matt. 20 25. so particularly this institution of Patronage hath been fixed or continued and improven to make some sort of a resemblance and parallel in the Church to that of Feudal Superiority and Vassalage in use betwixt great Men and their followers This seems to be pretty clearly intimate by the very word Beneficium which in its more proper acceptation signifies the same thing with Feudum or a grant of Lands by a Superior to his vassal for military services tho' by a kind of Antinomasia that first signification be in a manner now wholly disused and the other of a Spiritual or Church living commonly if nor only understood thereby And hence it may be observed that as Patronage was fixed or continued and improven in imitation of Feudal Superiorities so as to order of time its first vigor was not till after the feudal Institution For the Vandals who gave the rise to the Feudal Contract took the City of Rome after the middle of the fifth Century This may likewise confirm what was formerly hinted that till the year DC the Interests of Patronage in the Election and Maintenance of the Pastors of the Church was not known SECT II. A general View of the Rights of PATRONAGE THe Canonists write of Patrons as persons in some kind of office having right to a sort of Stipend The rights they ascribe to them are shortly these I. First a Jus Honorificum whereby the patron had power to nominate the Pastor and give him right to the Benefice and to have a splendid and Stately Seat and a Burial place in the Kirk and a right of precedency among the Clergy in solemn processions visitations c In which they could not lay aside their Pride and Vanity in their very nearest approaches to God in going about the Duties of his worship and service Nor in the most humbling Circumstances of Death and Burial And how suitable such practices are to the faults of the Scribes and Pharisees Matth. 23.6 Mark 12.38 James 2.1 2 3 4. who did all their works to be seen of men and loved the uppermost Rooms at feasts and the chief seats in the Synagogues and
an extrinsick power for compleating of their Call as if it were defective without him IX And as the sad experience of the Church in general if men would doe themselves the favour to see things as they are and without prejudice and prepossession hath in all Ages sufficiently demonstrated that there is no method under Heaven that can regular the Inventions of men in the matters of God so as to keep them within any tolerable bounds so the experience of our own Church in particular hath confirmed this truth beyond all contradiction X. We all know to give no other instance what provisions and limitations were made by the Church by King James the sixth his own consent in the Year 1600. with all the Caution that humane foresight or providence could devise for reducing of Episcopacy to some kind of Moderation as they term it to which the Bishops themselves did consent subscribe and solemnly swear and the King in person in the General Assembly did ratifie the whole matter All the freedoms and liberties of Presbitery being confirmed by parliament And we know as well that all the bonds that could be put on the Prelates did in a short time as many did then foresee prove nothing else but Ropes of Sand and as uncapable to bridle the lusts of that corrupt and Ambitious party as a Fish-book or a Thorn would be to catch the great Leviathan Job 41. In short all these caveats and injunctions solemn Vows Oaths and Promises were broken and the Bishops mounted to their usual Grandeur and Lordly Dominion over the Church notwithstanding of them all The Church complains and cryes out on that violent and treacherous alteration of her established Government And the Bishops find themselves oblidged to meet and consult how to vindicate themselves from such terrible Imputations And accordingly they publish an Apology in Latine and address it to all Christian Churches at home and abroad An Apology that as it discovers their Treatchery and Perjury to be a most detestable and horrid piece of Villany so it clearly tells us what effect the most wise and prudent regulations of such humane Inventions in the matters of God will have And may serve the Church for a constant beacon to beware of taking the like measurs for the future Take their own words Conditiones istae Refultatio libelli de regimine Eccles. Scotican pro tempore magis quo contentiosis rixandi ansa praeriperetur quam animo in perpetuum observandi acceptae That is their design in these solemn Promises Vows and Oaths was never to keep them but only to serve a Turn and to lull the People unto some sort of a calm and security against the clamor that was raised upon the apparent alteration of the Established Government of the Church An Apology indeed Ingenuous enough and very becomming the Faith and sincerity of that party who still incline to follow the Wisdom of the old Serpent without any mixture of the Innocence and Simplicity of the Dove but I am sure it were scarce credible that ever any that pretended to the name of a Clergy-Man or to the Title of the Reverend and Spiritual Fathers of the Church should make use of it if they themselves had not published it to the World. And there is no Crime their Adversaries could charge them with of ablacker Nature than this defence fastens upon them XI But this not being my present designe having only faln by accident upon this particular The true use of it that at present we intend is that it would be a piece of stupid and sinful folly after such a warning to run ourselves upon these Rocks on which the peace and safety of the Church hath been so oft ready to split If in such cases we should be-take ourselves to rely on our own pitiful and weak Counsels and projects and reject the institutions of the Infinite and unsearchable Love and Wisdome of God we should truely be guilty of forsaking the Fountain of Living Waters and of Hewing out to our selves Cisterns broken Cisterns that can hold no Water And should take the most compendious method that could be Jerm 2.13 Levit 26 to provoke the Lord to punish us yet seven times more for all our iniquities XII The true Rule in these cases is that since such Institutions as are not in themselves absolutely necessary either by necessity of Means or Precept and do of their own nature so much tend to Corruption Oppression Scandal and Superstition tho' never so well regulat are still ready to deboard and exceed all bounds Therefore the best and only way to prevent their exorbitancies is altogether to Cashier them from any other farther use XIII I shall only add that as the Institution of Visitations was very fit and necessary for enquiring into the lives and carriages of the pastors of the Church after they were admitted and settled so it is sufficiently known that the patrons of Kirks and Benefices have still endeavoured with all their force to put a stop to the exercise of these Visitations as knowing that most of the pastors of their Nomination were as little or less able to endure such a scrutiny as they were unsatisfactory at their first admission I shall not mention what other Reasons the patrons had for such a kindly protection of those men they may be easily guessed tho' I am sure with little credit to either party SECT XVII Another pretence that the Church may reject the Person presented in case of insufficiency I. THE next pretence that may be made use of to alleviat the guilt of patronage in its usurpations over the Liberties of the Church is this That the Parish or Presbitery may reject or refuse to admit the person Elected by the Patron in case that after tryal he be found insufficient or unqualified either as to parts or manners And therefore the Church can be at no loss by the Rights of Patronage II. It must certainly be an other force than that of Reason that can draw such a consequence This method of arguing is just the same as if a man should say it is needless to stop the entry of a Robber into a house or to put him out after he is entred because any harm he can doe may be easily either diverted or repaired sure I am this is very sar from our Blessed Lord's method of reasoning Matth. 29. Luk. 12.39 If says he the good man of the house had known in what watch the Thief would come he would have watched and not have suffered his house to have been broken up III. If evil must not be done that good may come of it and if the Jesuitick Quibbles of a good intention cannot justifie a bad action much less is evil to be tolerate and allowed because 't is possible to prevent or repair its bad effects Nam quod possibile est esse possibile est non esse one may be answers another That which may be may also not be
TO The Right Reverend THE MINISTERS OF THE KIRK OF SCOTLAND Of the PRESBYTERIAN Perswasion The following DEFENCE of the RIGHTS and LIBERTIES of the CHURCH against the pretended Right and Usurpations of PATRONAGE is most humbly Dedicated by ROBERT PARK To the READER THe substance of the following sheets was written many Years ago mainly for the satisfying some scruples of a worthy friend of the Authors But the press hath for a long time been so well guarded from the least breathing against the grievances this poor Church and Nation groaned under that the publication was but little thought of It having now pleased God to raise up some worthy Instruments to appear for the interests and Liberties of this broken Church and People and to endeavour a redress of their manifold oppressions It was thought convenient to offer these Papers to the publick view and consideration I stand in too near a Relation to the Author to be thought impartial in his commendation And tho' I could wish this discourse had got his own last hand and that it had not been left to run the common fate of other posthumous works yet I hope the main Subject will be found satisfyingly handled There are besides some other purposes incidently touched and many sountains for solution of several important debates of the time solidly and succinctly opened which if well considered may be serviceable for advancing a Reformation of many moe Abuses than the particular design of these Papers Intends I shall offer no Apology for the style I hope it will be found distinct plain and easie and sutable to the Nature of the Subject I know nothing a style serves for but to express Men's Conceptions distinctly and without harshness And if that may be attained without forced and strained Rhetorications which for the most part produce no other effect but a Darkning of knowledge with words I cannot see how a neglect of such useless Trifles can be blamed The native beautie of truth stands no way in need of these artificial disguises that are used to set off adulterate wares There are but too many in this Age who have rendred both themselves and their discourses Ridiculous by affecting new strains of Eloquence as they take it The thinking part of mankind is very sensible that the neglect of a good old form of sound VVords and safe Expressions hath made People forget and mistake many Ancient and solid truths It is Pitifully mean and unbecoming to see the Clergy as they must be termed turn the Pulpit to a Theatre and to hear Divines Trick up and illustrate their discourses with the similies and Expressions of a Comedy or Romance going down as it were to the Uncircumcised for sharpning of their Tools as if there were no Smith in Israel The subject of these Papers is but very little treated of by any especially in this way And therefore the publication may perhaps be as necessary as seasonable If it can in the least be servicable for freeing the Church of any part of her bondage I am sure the design both of it's Writing and Publication will be fully attained I hope there will be few found so fond of the Rights of Patronage as to be of the Opinion of Diego Lainez one of the Fathers at Trent who asserted That it was a motion of the Devil to offer to reduce Elections to the Ancient course And that the Antiquity of that method was a bad Argument for Reviving of it â—ut that on the contrary it ought to be suppressed because it was the Ancient custome For if the Church as he Ridiculously enough pretends had not found it inconvenient she would not have quite it I shall only wish that People in their several Capacities may seriously consider what the present conduct of providence seems to call them to And that they may Act both in this and other matters so as not to be wanting to themselves and their Posterity in the settling of affairs upon the solid and lasting foundations of Truth and Peace lest they verifie the Proverb Sero sapiunt Phryges which I need not translate And repent when it is too late the loss of such a Golden opportunity so wonderfully and unexpectedly brought to their hand And give the present and succeeding Generations cause to say why was there a price put in the hand of a Fool to get Wisdom seeing he had no heart to it Edinburgh Febr. 16â—9 The CONTENTS Sect. I. Of the Original of Patronage Pag. 1 Sect. II. A general View of the Rights of Patronage 17. Sect. III. The Opinion of our Reformers c. concerning Patronage 26. Sect. IV. The Ground and Argument for Patronage from a Reservation by the first Founders examined 31. Sect. V. A farther examination of this Reservation from its own nature and from the Nature of Pious and Charitable Deeds 38. Sect. VI. The Reservation pretended can be no ground for the Jus utile of Patronage 53. Sect. VII The denyal of It can be no discouragement in gratifying of the Church something obiter of the Dilapidation of the Churches Patrimony 56. Sect. VIII The ground of Patronage from a grant or Concession of the Church examined 63. Sect. IX Afarther examination of this pretended Concession 69 Sect. X. Another ground for the Foundation of Patronage from the necessity of a Jus Onerosum examined 73. Sect. XI Patronage is no Institution of Divine Appointment but a mannifest Usurpation 81. Sect. XII The power of Patronage is destructive of the Institutions of Christ for the Election of the Pastors of his Church 97. Sect. XIII The power of Patronage is against the Freedom and Interest of Common Society 113. Sect. XIV The power of Patronage hath been grosly Abused Scandalously offensive without any Necessity or use 120. Sect. XV. Patronage is a Symbolizing with Idolaters and against the Doctrine and Discipline of this Church 142. Sect. XVI A pretence that the Patron meddles with nothing of Election or what is properly Ecclesiastical 146. Sect. XVII Another pretence that the Church may reject the Person presented in case of insufficiency 157. Sect. XVIII Another pretence from the distinction of Laick and Ecclesiastick Patronages 162. Sect. XIX Apretence from the Failings and Mistakes of Church Judicatories c. 167. ERRATA Page 17 line 14 for the Vandals read and since the Vandals p. 28. l. 21 for Prelacy it was r. Prelacy I say it was p. 80. l. 14. for all Civil read all other Civil p. 82. l. 22. for as a most r. is a most p. 115. l. 26. for there r. other p. 160. l. 11 for much r. as much A DEFENCE OF THE RIGHTS LIBERTIES Of the CHURCH In the Election and Maintenance of Her PASTORS AGAINST The Negative Interests of PATRONAGE SECTION I. An Account of the Original of Patronage I. THE Design I have in these few Pages is to Demonstrate from Grounds of Scripture and Principles of Reason the unwarrantablness and injustice of these Priviledges Claimed