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A50348 Episcopacie not abivred in His Maiesties realme of Scotland containing many remarkable passages newly pvblished, the contents of the severall chapters follow in the next page. Maxwell, John, 1590?-1647. 1641 (1641) Wing M1380; ESTC R21652 85,480 138

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therefore the oath is not broken 11. Discipline is again distinguished in these points which are essentiall and perpetuall and those which are accidentall and mutable 12. The first sort are prescribed by Gods Word and were not abolished by Episcopall government but observed inviolable 13. The other sort is left to the libertie of the Church and therefore alterable by the Church 14. To the observation of those the Oath bindeth so long as the Constitution of the Church standeth in force but being abrogate by a new Constitution the Oath thereto is dissolved 15. Whosoever doth not follow the Church in those Alterations doe against their oath CHAP. XI An Answer to the Acts of the generall Assemblies alleaged contrary to this point untill the year 1580. wherein are these particulars 1. That no Act of Assemblie is nor can be produced before that year 1575. 2. The occasion of impugning Episcopacie at that time 1. some fierie humours lately come from Geneva and zealous of Geneva Discipline 2. The Kings minoritie 3. Factions amongst the Nobilitie and Courtiers 4. The Sacrilegious greedinesse of those gaping after the Church rents who for their own ends abused the simplicitie of some Ministers and pride of others 3. That Bishops were not only tollerate but approved by the Church untill this year 1575. 4. At this Assemblie in August 1575. was the first motion against Episcopacie in the Church of Scotland 5. The proceeding of this Assemblie declared at length whereby it is cleered that this point here in controversie was not challenged therein but expresly approved by all 6. Nothing in substance concluded against Episcopacie for five years after 7. A notable dissimulation of our Covenanters in citing an Act of this Assembly CHAP. XII Answering to the Acts of Generall Assemblies for establishing the second book of Discipline wherein are these particulars 1. This book was brought in by the same occasions whereby Episcopacie began to be challenged 2. This Discipline was never fully agreed unto by the Church some points thereof never practised and those which were practised but of short continuance 3. They doe not themselves nor will not approve some points in this book but refuse obedience thereto instanced in three particulars 4. This book nor any part thereof had any strength of a Law before the injoyning of the Oath 5. It is defective in the most substantiall points of Discipline and superabundant in points not pertaining to Ecclesiasticall discipline 6. And therefore the Discipline therein contained cannot be that whereunto we are sworn to joyne our selvs precisely CHAP. XIII Answering to the Act of the Assembly at Dundee 1580. condemning Episcopacie together with the Act at Glasgo 1581. explaining the same containing these particulars 1. Albeit they condemned in these Acts Episcopacie as it was then used in Scotland as unlawfull in it self yet did they not condemne these points here controverted 2. Neither did the Church then condemn any substantiall point of Episcopacie except they did contradict themselves instanced in six principall points of that Doctrine 3. They condemn only the corruptions which were at that time in Bishops themselvs whereof some are only supposed corruptions some corruptions indeed but only personall and not essentiall to the office 4. The principall point they condemn in Bishops is that they received not their Commission from the Church to exercise their charge and yet it is evidently proved that they had Commission from the Church to exercise all the points of their function CHAP. XIIII Answering to the rest of the Acts here cited 1. Their Acts can be of no greater force than the former whereupon they are grounded and therefore refuted by the same reasons 2. Some particular observations upon these Acts whereby it is shewed that they make more against them nor for them 3. Many of these Acts shews that they were concluded expresly against the Kings Majesties intention 4. The reason why that Act of Parliament 1592. Establishing Presbyteries was suffered to passe by the King and the three Estates 5. It was not because they did approve the same but for eschewing of greater evils which were justly feared 6. That Presbyteriall Government in Scotland did not indure in full force above ten years 7. An Act of that Assembly 1589. disgracefull to the Church of Scotland CHAP. XV Discussing the Conclusion of this Act wherein are contained these particulars 1. Their Hyperbolicall magnifying of their accurate proceeding in concluding this Act not like to be true 2. The proposition of the Question by the Moderator informall obscure ambiguous sophysticall and such as could not be answered Categorically 3. The causes why they did so unanimously agree in their voycing was because all were debarred whom they suspected would make any contradiction 4. The voyces as they are here declared doe neither fully answer to their proposition nor condemn any thing in Episcopacie as it is now in Scotland 5. They cannot excuse this but by laying the fault up●n the Printer which is not like to be true for many reasons EPISCOPACY NOT ABIVRED IN SCOTLAND CHAP. I. A Comparison betwixt this Assembly and the Councell of Trent THat turbulent and seditious Conventicle of Covenanting Ministers and mis-ruling Elders assembled at Glasgow Novemb. 1638. can be compared to none of that kind so well as to that infamous Councell of Trent which as it hath for a long time troubled the whole world Emperors Kings and Princes fo this hath vexed mightily the Kings Majestie our dread Soveraigne disturbed both Church and Common-wealth and hath led all his Subjects in Scotland blind-fold to Rebellion given evill example to other Kingdomes and brought an evident Scandall upon the reformed Religion There hath been no lesse humane or rather Satanicall policie and subtile close conveyance practised by the chiefe Rulers in that Assembly of Glasgow both in the Preparation Prosecution and Conclusion thereof yet in this more malice and lesse respect to the Supreme Magistrate and present established estate of the Church than in that of Trent First as the Pope and his Cardinalls in the Consistorie professed that they desired a generall Councell and did openly exhort the Emperor Kings Princes and Republiques to concurre with them yet they declared evidently by their dealing that they desired either not at all a Councell or not such an one as should be assembled by the Authoritie of the Emperor and Kings or that any of them or their Ambassadors should have suffrage therein and much lesse presidencie according to the ancient Custome of the Church esteeming that their Authority suffrage or presence would crosse their particular ends Even so our Covenanters albeit they often petitioned his Majestie for the libertie of a generall Assemblie yet they declared plainly by their proceedings that they did not desire such an one as should be either convocated by his Majesties Authoritie or wherein he his Commission or Councell should preside or give suffrage or be present if it had been in their choice accounting it so
place according to his degree with such gravitie modestie and decencie as did become Reverend Fathers distinguished one from another by their habits appointed by the Canons of the Church making it appear to the beholders a Venerable Assemblie 3. In their proceedings were appointed the wisest of the Bishops and most learned amongst the Doctors to frame the Articles and being framed were particularly one by one discussed by weighty reasons maturely in severall dayes and diets all doubts particularly moved and Objections solidly answered according to their grounds using not onely the testimony of former approved Councels Fathers and learned Schoolemen but also very frequently the Authority of Sacred Scriptures So that if in their conclusions they had pondered well the reasons alleaged and had concluded according to the same and not according to the Popes sole Authoritie that Councell might have had a more happy event for the weell and peace of the Christian Church But in this Assemblie at Glasgow was not observed that forme order or decencie which did become a venerable Ecclesiastick meeting for first these who were ever esteemed the Principall members of all generall or Nationall Councels to wit the Reverend Bishops of the Church were excluded a company of Lay-men Earles Lords Gentlemen and Burgesses without warrant Authoritie or example of the ancient Church were thrust in their roomes bearing chiefe Sway in the Assembie carrying all matters violently for their own ends so that it was remarked by wise and grave men that one Earle and one Lord made more speech in the Assemblie than all the Clergie except the Moderator 2. In their Sessions no order or decencie observed all sitting pel-mell without distinction of Degrees save onely that Lay-Noblemen and Gentlemen occupied the chiefest roomes with their swords and pistolls by their sides The Ministers mixt amongst Burgesses Merchants and Noblemens servants hardly to be discerned from them by their Habite or Carriage Many of the Ministers in coloured clothes all in short cloakes except the Ministers of Glasgow who had their Gownes so that unlesse one had known their persons before they should scarcely have discerned the Ministers from the Merchant or Taylor 3. The Ministers were not there by the approbation of their Bishops according to the custome of the Primitive Church and Acts of the generall Assemblies of Scotland long after the Reformation as for instance in that Assemblie at Edinburgh Iuly 1568. It was expresly ordained that no Minister should leave his Flock except such as were chosen by their Superintendants but by Commissions from their new invented form of Presbyteries wherein Lay-men had the greatest rule or rather from the Tables of the Covenant who did not choose the most wise modest and learned Brethren but the most turbulent seditious and bold to oppose Authoritie fit members indeed of such an Assemblie 4. In discussing of the matters which were concluded no reasoning but superficiall no carefull pondering of the Reasons but all taken Implicit fide which had any shew no exact distinguishing of the Articles but many matters of different nature were h●dled up together confusedly and with great precipitation were voyced and concluded The Assembly continued onely a moneth and a great part of that time to wit from the 21. of November to the 4. of December was consumed in circumstantiall points concerning the persons to be admitted to have voice in receiving and discussing their Commissions in Contestations betwixt the Commissioner and the Covenanters in excluding some of his Majesties Counsellors authorized by him to have voyce in the Assemblie contrary to the Practice of all Ancient approved Councels either Generall or Nationall in rejecting most just protestations of divers Presbyteries against this Assemblie as that of the Presbyteries of Glasgow of P●ables of Aberdeine of the Channonry of Rosse in refusing to heare read the most just declinature and protestations of the Bishops And finally in declaring certaine books of the former Assemblies to be Authentick registers At last the fourth of December they enter to the principall matters for which this Assembly was required beginning at the condemnation of the six last generall Assemblies conveened continued and concluded by the Kings Majesties Authoritie and full consent of the Church and ratified by the whole bodie of the Kingdome in Parliament which they did in shorter space then could suffice to reade them over so precipitate were they in condemning absolutely so many grave Assemblies with such unanimous consent as never one was called but without reason or judgement condemned them all in one word by implicite faith given to some few neither of the most wise or learned of the company who had a Committee to invent some apparant reasons to anull the same and that is most certaine that the two part of those who voyced against them had never seen the Acts and the proceedings of these Assemblies or at least had never read nor perused them But out of a blind zeal and Iesuiticall obedience did it only because they were so directed by the Tables of the Covenant and their rebellious Leaders In another Session they deposed and excommunicated summarily fourteen Bishops upon a pretended false Libell produced before the Presbytery of Edinburgh against them which by no law or reason could be competent Iudges to their processe without lawfull citation contrary to the Acts of many generall Assemblies the Books of Discipline and perpetuall practice of the Church For the Church of Scotland was never accustomed no not in the most strict times of Presbyteriall government to proceed so summarily to the sentence of excommunication against most notorious offenders without mature deliberation and long space granted to the Accused either to justifie himself or declare his repentance 1. There was used three private personall Citations to appear before the Presbytery next if those were not obeyed three publik Citations one three severall Sabbaths 3. Followed three publik prayers for their conversion and if at any of these times they did appear either to purge themselves of the crime imputed to them or submitting themselves to the censure of the Church The sentence of excommunication was not pronounced against them In another Session they condemned with one voyce the Book of Common Prayer the Book of Canons the Book of Ordination of Ministers and Consecration of Bishops together with the Court of the High Commission which space was not sufficient to have read over all those books muchlesse to peruse them throughly and discusse the controverted points therein which was necessarily requisit to be done before they had been absolutely rejected But this is strange that the principall and most weighty point for the which chiefly they did procure this Assembly should have been so slightly with such precipitation handled to wit whether Bishops should be reteined or removed forth of the Church of Scotland A Doctrine so universally approven by the whole Christian Church even in her purest time since the Apostles dayes and allowed in Substance by
doctrine contained in the Confession of Faith From this then that we have shown to be true we may bring a forcible argument to prove that by this abjuration the power and preheminence of Bishops is not abjured For this abjuration being but an Appendix deduced by necessary consequence it could not of it self have another meaning or at least not a contrary sense to that Confession whereupon it depends but so it is that the meaning of the Confession of Faith as it was explained by the Church was no other but that it was lawfull for one Pastor to have this power preheminencie over others c. Therfore the abjuration could not have a contrary meaning towit that this power and preheminencie was unlawfull in it self The assumption of this argument is already sufficiently qualified in the former Chapter by the book of Discipline Acts of divers generall Assemblies and long continued practice of the Church The proposition is evident in it self for it is an absurd thing to say that an Appendix should have a contrary sense to the principall proposition from whence it is deduced by necessary consequence all good Logicians know this of which number to my knowledge the Moderator is one who hath in his time composed many accurate propositions with their Appendices and would not have suffered one of his Schollers with patience to set down their Thesis with so evill knit consequences as they would make us beleeve is betwixt the confession of Faith and the Abjuration of the Covenant depending thereupon I can finde no reason why he and other learned men of that Assemblie should be so farre misled against all true Logick and sound reason except it be as appeares that they have captivated their understanding to the Tables of the Covenant that for obedience thereto they have forgot all rules of Logick to advance per fas nefas their Idoll of Presbyteriall Government But our Covenanters objects that albeit the Confession of Faith might have been understood so by those who have set it down and so interpreted by the Church for a long time as that thereby this power and preheminency was not condemned yet the Generall Assembly of the Church to whom it appertaines to interpret the Confession of Faith might understand and interpret it otherwise as it did in that Assembly at Dundie 1580. wherein Episcopacie was condemned and now in this Assembly at Glasgow 1639. To this we answer first It is possible indeed that men might understand it otherwise then it was understood at the beginning yea in a contrary sense as the Covenanters doe interpret it now But the Question is whether both those contrary sense can be the true meaning of the Confession I hope they will not judge so except they would make the Confession of Faith like a nose of wax as some blasphemous Papists speak of the Scripture or that they would make the Confession which ought to be a firme and constant rule to try the doctrine of all within the Church like a Lesbian rule which may be applyed both to crooked and straight lines or to contrary and contradictory senses Then if it be so it may be asked which of those is the true meaning Certainely there is no reasonable man but will esteeme that to be the true meaning which is intended and expressed by the author thereof For as we say Vnusquique est su●ru●● verborum optimus interpres except such a one as speaketh non-sense but so it is that they that framed the Confession of the Church of Scotland and the Church who received the same did declare their meaning therein to be such as that thereby this power and preheminencie was not damned but directly approved Therefore that contrary meaning which they ascribe to the Church in the year 1580. 1581. 1590. must needs be false Secondly This Covenant and abjuration therein was neither framed by the Authoritie of the Church or generall Assembly nor was the Oath required by their Authoritie but both was done by the Authoritie of the King and Councell at whose direction this Covenant and abjuration was framed and the Oath and subscription thereto required of all his Subjects by his Commandment therefore it appertaineth onely to his Majestie and Councell to declare the meaning thereof and in what sense he did require the Oath of all his Subjects For this is a most true Axiom agreed unto by all orthodox writers That all Oathes required by a Magistrate should be taken according to the direct and plaine meaning of him who requireth the same But it is most manifest that neither the King nor Councell did require that oath in such a sense as thereby Episcopacie should be condemned for he and his Councell did plainely declare before that time at that same very time and many times afterward that his expresse meaning purpose and constant intention was to continue the estate and office of a Bishop in the Church of Scotland and to withstand all motions tending to the overthrow thereof as we shall shew more particularly For first that this abjuration was set forth by the King and Councels appointment and that by his Authoritie onely the Oath was required is manifest both by that Act of Councell March 5. 1580. which they have prefixed before their Rebellious Covenant pressing thereby to make people beleeve that it was authorized by the King as likewise by the Acts of Assembly cited here by themselves wherein is declared That the Kings Commissioner presented to the Assembly in April 1581. the Confession of Faith subscribed by the King and his houshold not long before and in that Act approving this Confession cited here by them it is expresly acknowledged that it was set forth by the Kings Majestie Next that it was to be understood according to the Kings Majesties meaning appeareth also by the same Act where it is said That it should be followed out efoldly as the same is laid out in the Kings Proclamation for that word Efoldly signifieth that they should follow not onely the words but likewise the sense and meaning which was intended in his Majesties proclamation not in a twofold sense as if the Assemblie would intend one sense and the King another but simply and sincerely by all in the same words and meaning which his Majestie did expresse in his Proclamation Thirdly that his Majestie did not intend that it should be sworn and subscribed in such a sense or meaning as that thereby Episcopacie should be condemned is also most manifest 1. By his Majestie and Councell often rejecting the instant petitions of divers Assemblies for establishing the second book of Discipline whereby the power of Bishops is impaired and absolute paritie of all Pastors established as they acknowledge themselves by that Act of the Assembly at Glasgow 1581. cited here by them wherein are these words Because divers suits have been made to the Magistrate for approbation to the book of Policie which yet have taken no great effect Then because
not to distinguish the Hierarchie in the Popish Church from any other as lawfull But that the Hierarchie wheresoever it is is called His is most false and all the reasons they bring to prove it are as false and impertinent First they say as Invocation of Saints Canonization of Saints c. are called his not that there is any lawfull Invocation or Canonization of Saints but wheresoever they are they are his even so would they say the Hierarchie is called his not as if there were any other Hierarchie lawfull but all Hierarchie wheresoever it is is the Popes therefore abjured A solid reason indeed and worthy of such an Assembly for first they may aswell conclude that all wordly Monarchy is abjured because the Popes worldly Monarchie is abjured and so be of the Anabaptists opinion that there ought to be no King in a Christian Church and indeed it is to be lamented that their words writings and practice doe bewray their mind that they approach too neer to those damnable opinions Secondly this is a manifest putid Sophis●●● A dicto secundum quid ad dictum simpliciter All Antichristian wicked Hierarchie is abjured Ergo All Hierarchie is abjured simpliciter A child or an ignorant that knew never a word of Logick may see by naturall reason evidently the absurditie of this Argument for albeit all wicked and Antichristian Hierarchie is unlawfull and therefore to be abjured but since there may be a lawfull Hierarchie in the Church as we have shown which therefore needs not to be abjured simpliciter as if one should reason thus God hateth all wicked men ergo He hateth all men simpliciter This Sophisme is like that which is in their next Act against the Articles of Perths Assembly to prove that Confirmation of Children is abjured The Popish five bastard Sacraments are abjured but Confirmation is one of the five bastard Sacraments ergo abjured It is abjured indeed to be a Sacrament but not therefore simply for so they may conclude aswell upon that ground that Marriage is abjured because Marriage is one of these five bastard Sacraments albeit perhaps the Moderator has abjured marriage yet I hope all the rest of the Brethren of the Assemblie will not doe so I marvell indeed that men esteemed for learned and wise should have blotted paper with such trash and put such childish Arguments in print as if they had to deal with none but fools or Ignorants Thirdly there is a great difference betwixt Canonization or Invocation of Saints and an Hierarchie for Invocation and Canonization are sunply evill in themselves as against Gods Word albeit they had never had the Pope for their Author But an Hierarchie or order of sacred Rulers in the Church is not in it self evill but onely in regard of the Corruptions thereof in the Roman Church for which respect it is called Antichristian and wicked and therefore only abjured though in it self separating these corruptions from it it may be lawfull and reteined Secondly they bring a reason to prove this that all Hierarchie is the Popes in these words Whatsoever corruption was in the Kirk either in Doctrine Worship or Government since the mystery of iniquitie began to work and is retained and maintained by the Pope and obtruded upon the Church by his Authoritie is his but all Hierarchie is such Ergo c. I answer that neither the Hierarchie in it self that is the order of Ecclesiasticall Rulers nor the power and preheminencie of one of these orders above others is a corruption of the Church but a perfection thereof as we have shown before nor was it brought in since the mystery of Iniquity began to work but established by God himself long before that mysterie of Iniquitie And albeit it was retained and maintained by the Pope yet for that is it not to be rejected more than divers sound points of Doctrine which are as yet retained and maintained by the Pope God forbid we should think that all which the Pope retaines and maintaines were wicked and properly Antichristian finally neither is it obtruded now upon the reformed Church by the Popes Authoritie but restored to the former perfection by the lawfull Authoritie of the Kings Majestie with consent both of Civill and Ecclesiasticall Supreme ●udicatorie of Generall Assemblies and Parliaments Therefore this Hierarchie in our Church is neither to be accounted the Popes nor Antichristian Thirdly they alleage a passage out of the Historie of the Councell of Trent to prove this Where it is related that the Councell would not define the Hierarchye by the seven Orders and that we have in our Confession the manifold orders set apart and distinguished from the Hierarchie Ergo Gl●ke I professe I doe not understand what they would conclude upon these words but of this I am assured they can conclude nothing that serves to prove their conclusion It hath need of a sharp wit to finde any cleer consequence thereof pertinent to the purpose and since they have set downe no consequence themselves it were an idle thing for me to trouble my braines to search it out and therefore untill it be better explained I leave it Lastly they alleage a passage out of their second book of Discipline Cap. 2. in the end thereof Therefore all the ambitious titles invented in the Kingdome of Antichrists and in his usurped Hierarchie which are not of one of these foure sorts towit Pastors Doctors Elders and Deacons together with the offices depending thereupon in one word ought to be rejected If they would conclude upon this that the ambitious title of Bishop and the office depending thereupon is therfore to be rejected for I can see no other consequence that can be deduced of these words pertinent to the purpose in hand I answer first that they have used as great falshood in this citation as they have done in divers others before for in that same very place cited by them the title of Bishop is one of these which they acknowledge is given to signifie a Pastor of the Church for a little before they number these titles to be Pastor Minister Bishop Doctor Presbyter Elder and Deacon and yet they here in their citation reckon onely foure titles whereas in the book it self in the Chapter cited by them seven are reckoned whereof the title of Bishop is one and therefore not to be rejected as an ambitio●s title nor the office depending thereupon Secondly the title of Bishop is not an ambitious title invented in the Kingdome of the Antichrist or the Popes usurped Hierarchy but is a title given by the Spirit of God in the Scripture to signifie a Spirituall function in the Church Acts 1. 20. Acts 20. 28. 1 Tim. 3. 1 2. And therefore this Citation out of the Book of Discipline is both false and impertinent Thirdly Albeit it were truely alleaged and did prove the point directly yet we account not the Authoritie of that Book so authentick asto make it an Article of our
cap. 7. intituled of Ecclesiasticall Discipline in the second book of Discipline every where and most frequently by all Ecclesiasticall writers and therefore those who have obeyed and received Bishops are not perjured nor have broken that oath whereby they did swear to adhere to the Discipline of the Church of Scotland But on the contrary those of this Assembly who have deposed and excommunicated with such precipitation so many Bishops and Ministers without observing in their proces these formes prescribed by the Discipline of the Church of Scotland are evidently perjured according to their own grounds Secondly the word Discipline is taken at some times in a more large and ample signification for the whole Policie of the Church which in the second book of Discipline cap. 1. is defined to be An order or form of Spirituall Government which is exercised by the members thereto appointed by the Word of God for the we ●ll of the whole bodie which policie cap. 2. is divided first in regard of the persons in that part which concerneth Rulers and that which concerneth them who are ruled secondly in regard of the thing subject to this Policie in three parts 1. The policie which concernes the preaching of the Word and the administration of the Sacraments 2 That which concerneth the censures of the Church or Discipline so properly called 3. In that which concerneth the collecting and distributions of Almes and ●ent of the Church Now if any will be so obstinate as to contend that the word Discipline is taken in this large sense in the Oath of the Covenant for their satisfaction likewise we must consider that in this Discipline or Policie it is requisite that we distinguish the points which are essentiall and perpetuall from the points accidentall and mutable or as it is expresly distinguished in the first book of Discipline cap. 9. Intituled of the Policie of the Church in things utterly necessary without the which there is no face of a visible Church and in things profitable and not meerly necessarie the points utterly necessary are those which are prescribed by Gods Word to endure perpetually as that there be Pastors Teachers and Rulers in the Church that Gods Word be truely taught and Sacraments administred according to Christs Institutions and that the censures of the Church be exercised against scandalous persons and such other like things The points not meerly necessary but profitable are those which are not particularly prescribed by Gods Word but left to the libertie of the Church to constitute by Ecclesiasticall Canons setting down the formes Ceremonies and Orders to be observed in Gods worship and ruling of the Church according as the divers circumstances of time place and persons doe require Such as how many Pastors under what names and titles they ought to bear rule in the Church over what bounds or what particular persons they ought to have charge when where in what order gesture or what habite they ought to preach pray or administer Sacraments and exercise their Authoritie and divers other Ecclesiasticall Constitutions concerning their particular manner of Government The first sort ought not to be altered or changed in substance since they are appointed by God to be perpetuall in the Church and the oath taken in Baptisme or entr●e to a calling doth oblige every one within the Church according to their place and station therein to observe them perpetually albeit there had been no other Oath But so it is that this power and preheminencie here condemned is not contrary to any of these essentiall points of the policie of the Church appointed by Gods word but most conforme therto according to the practice of the Church both under the Old and New Testament And therefore in swearing to adhere to these points of Discipline none have abjured this power and preheminence but therewith have retained those essentiall points without change or Alteration There be other points of Episcopacie which are comprehended under the accidentall parts of the Policie of the Church such as are by what titles or names those who bear chief rule in the Church ought to be called Whether Bishops or Superintendents or Commissioners or Presidents or {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} or Moderatores by whose advice they should exercise their Authoritie whether by Chapters or Synods or Presbyteries or by other wise godly and learned men assumed by their own choice to be their C●uncell Albeit indeed it be more expedient to use these titles and names which have ever been used in the Apostolick and Primitive Church and continued by long prescription in after ages than those new invented titles by men affecting Singularitie These points being alterable in their own nature as not being precisely commanded in Gods word may be changed by the Church in whose libertie they were left and therefore no Oath could bind any man to the perpetuall observation thereof in case it pleased the Church for reasons of expediency to alter them for according to that Common Regula Iuris Iuramentum sequitur naturam actus super quo interponitur if the things we swear unto be of their own nature perpetui Iuris the oath taken thereupon bi●des to the perpetuall observation and no Creature is able to absolve us of that Oath But if it be Iuris positivi and onely a Constitution of the C●urch or Common-wealth concerning these things 〈◊〉 are left to the libertie of the Church or Supreme 〈…〉 then certainly the oath taken thereupon 〈…〉 longer than the Constitution standeth in force but being altered by that same lawfull Authoritie whereby it was established all are ipso facto loosed from the bond of that Oath yea all those who have sworn to adhere to the Discipline of the Church of Scotland are bound by vertue of that oath to follow the Church in the alteration she makes in those mutable points and to obey the new Acts and Constitutions that concerne the same Although they be different or contrary to the former Acts and all those who disobey therein contemptuously are guiltie of perjurie Therefore since the Church hath altered upon good and grave reasons those formes and Constitutions of Presbyteriall Government established for a time not upon so good grounds unto the ancient approved manner of Episcopall Government all those within the Church are obliged notwithstanding of their former oath to follow the Church in her change without fear of perjurie And on the contrary all our Covenanters who before the lawful abrogation of the Constitutions of the Church established by lawfull Authoritie have not conformed themselves thereto but disobeying them in their own persons and by their exemplary practice intised yea compelled others to disobey and rebell to the disgrace of their mother their Church and breaking of the bond of peace whereby the Unitie of the Spirit is conserved doe lye under a fearfull perjurie untill they doe seriously repent CHAP. XI Answering to the Acts of the Generall Assemblies produced against Bishops untill
not to be a free Assembly Secondly as the Pope and his Cardinalls in the Consistorie used Politick meanes that none or few of these Prelates whom they supposed in any wayes would crosse their designes should appeare in the Councell although publikly they did admonish all yet by private threatnings and distastes hindred from comming many of the Bishops of Germany France and Spaine but on the contrary allured by divers means those whom they supposed would favour their designes as all the Bishops of Italy so that when the Councell was at the greatest there were above 150. Italian Bishops whereof many were at the Popes charges yet not above 60. of all other Nations So in this at Glasgow politick meanes were used that none should be chosen Commissioners except Covenanters and of those only the strongest and most obstinate who had solemnely already sworn unto these things they intended to conclude and on the other part meanes were used that all those who were suspected to be averse from their designes or not forward enough shoud be excluded as is evident by the particular Instructions sent from the Tables of the Covenant unto all the Presbyteries of Scotland which were discovered by the care and diligence of his Majesties Commissioner and produced in open Assembly to their great confusion whereby it was appointed that care should be taken that none should be chosen as Commissioner for the Ministers or ruling Elders but Covenanters and those wel-affected to the busines And if that any other happen to be chosen by the greater part that all the best affected protest against them and processe them before the Assembly that they might be excluded from voycing and for that effect also directed an informall and illegall Citations against all the Bishops to exclude them from having place or voyce in their assembly who ought to have been by the present lawes of the Church of Scotland and continuall practice of the universall Church in all ages the principall members thereof Thirdly as in the Councell of Trent the Pope of Rome to have more voices favouring his designes did create many titular Bishops who had no Christian slock and had never so much as seen that Church which they did represent So likewise in this Assembly were brought in many Titular Lay-elders as Commissioners from Presbyteries wherein they had no habitations nor ever did sit therein to exercise their rule of Elder-ship before the day of their election to be Commissioners to the Assemblie Fourthly the Pope and his Cardinalls did complaine that the Emperor and Kings would have prelimitate the Councell by their directions yet the Ambassadors and Prelates did in every Session and Congregation complain more justly that the Councell was not free being strangely prelimitate by the Pope and Consistory of Rome both in the members and matters to be proposed as also in framing of the Canons So our Covenanters did require a free assembly affirming that as farre as the assembly should be prelimitate either in the members or matters to be treated so farre the necessary ends of the Assembly and good of the Church was hindred accounting it a most dangerous usurpation to any person or Iudicatori● whatsoever to impose any such limitations except an Assembly it self And therefore did most grievously complaine against his Majestie although unjustly for he required no limitations but such as were prescribed by former lawfull assemblies Yet his Majestie and the whole Kingdome may more justly complaine of them who refusing the reasonable prelimitations of other former assemblies did neverthesse admit strange limitations from the Tables of the Covenant which was neither a lawfull Assembly of the Church nor had any authority over the same and those also against the established Constitutions of former generall Assemblies and Lawes of the Kingdome as appeares evidently by those foure papers of Instructions sent to every Presbytery according to the which the Assembly was limitate both in the members and matters Fiftly as in the Councell of Trent nothing was admitted to Consultation but Proponentibus Legatis which gave occasion of offence to many no Bishop no Prelate no Regall Embassador nor any good Christian had liberty to propose any thing onely the Popes Legates had this Power who did propose every thing as they received instructions from 〈◊〉 even so in this Assemblie nothing was admitted to De●●beration but Proponente Mo●●rator● And he likewise was confined to the Ordinance of the Tables who had before set down every Article which was to be treated All propositions of any other whatsoever though flowing from his Majestie by his Commissioner or Councell were contemptuously rejected Sixtly as in the Councell of Trent let the Fathers and Doctors deliberate and reason Pro Contra as they pleased yet nothing was concluded untill it was first agreed unto by the Pope and his Cardinalls at Rome and their determination who never heard the reasoning was sent to Trent to be enacted and that no otherwise then it was set down by them which gave occasion to that common proverbe That the holy Spirit whereby the Councell was directed came from Rome in a C●og-bag So likewise all that which was done in this Assembly was fore-ordained by the Tables of the Covenant in Edinburgh For there were all the members of the Assembly constituted though contrary to the perpetuall practice of the Church there were all the Commissions framed and a Cople thereof sent to every Presbyterie as appeared by the production since never one of them was different in one Syllable from another there also was the whole order of the Assemblie set down and accordingly observed there were all things which were to be proposed in the Assembly discussed and concluded by the Rulers of the Covenant who for the most part were Lay-persons Noblemen Gentlemen Burge●●es and some few Ministers most forward in the cause therefore it may be justly said that the Spirit whereby those holy Brethren of the Assembly were ruled came not from Heaven but directly from Edinburgh I leave you to imagine by the effects what Spirit that was which hath stirred up such Sedition Rebellion Disorder and Confusion both in Church and Common-wealth Then although in these points of Corruptions and many other which for shortnes we omit this Assembly at Glasgow was not unlike that Councell of Trest yet I will be bold to say and that truely that in some substantiall points that Councell was more formall than this Assemblie For the Councell of Trent in the Externall order and Constitution of the members thereof keeped more formality and decency according to the order of the Church many ages before 1. There was none admitted to that Councell except Prelates of the Church Ambassadours of Princes and the most learned Doctors in all Europe for the time And such as the Prelates thought fit in the bounds of their Iurisdiction to reason in weighty points of Doctrine 2. In their Congregations and Sessions they did sit every man in his owne
called by God And such like to desist and cease from all preaching ministration of the Sacraments or using any way the office of Pastors while they receive de ●ov● Admission from the generall Assembly under the paine of excommunication to be used against them wherein if they be found disobedient or contradict this Act in any point the sentence of Excommunication after due admonition to be executed against them In the same Assembly holden Anno 1580. Sess. 10. This Article was appointed to be propounded to the King and Councell that the book of Policie might be established by 〈◊〉 Act of privie Councell while a Parliament be holden 〈◊〉 which it might be confirmed by a Law The extent of the Act ma●e at Dundie was interpreted and explained in the Assembly holden at Glasgow in April 1581. Sess. 6. as followeth Anent the Act made in the Assembly holden at Dundie against Bishops because some difficultie appeared to some Brethren to arise out of the word Office contained in the said Act what should be meaned thereby the Assembly consisting far the most part of such as voted and were present in the Assembly at Dundie to take away the said difficultie resolving upon the true meaning and understanding of the said Act declare that they meaned wholly to condemne the whole estate of Bishops as they are now in Scotland and that the same was the determination and conclusion of the Assembly at this time because some Brethren doubted whether the former Act was to be understood of the Spirituall function onely and others alleaged that the whole office of a Bishop as it was used was damnable and that by the said Act the Bishops should be charged to dimit the same this Assembly declareth that they meaned wholly to condemne the whole estate of Bishops as they were then in Scotland And that this was the meaning of the Assembly at that time The Kings Commissioner presented unto this Assemblie the Confession of Faith subscribed by the King and his houshold not long before together with a plot of the Presbyteries to be erected which is Registrate in the books of the Assemblie with a Letter to be directed from his Majestie to the Noblemen and Gentlemen of the Countrey for their action of Presbyteries consisting of Pastors and Elders and dissolutions of Prelacies and with an offer to set forward the Policie untill it were established by Parliament The Kings letter subscribed by his hand to the Noblemen and Gentlemen was read in open audience of the whole Assembly This Assembly ordained the book of Policie to be insert in the Register by the Act following For asmuch as travell hath been taken in the framing of the Policie of the Kirk and divers suits have been made by the Magistrate for Approbation thereof which yet hath not taken the happy effect which good men would wish yet that the posteritie may judge well of the present Age and of the meaning of the Kirk the Assemblie hath concluded that the book of Policie agreed to in divers Assemblies before should be registrate in the Acts of the Kirk and remaine therein ad perpetuam rei memoriam And the Copies thereof to be taken to every Presbyterie of which book the Tenor followeth c. Immediately after the inserting of the book of Policie called ther● the book of Discipline The Assembly ordained that the Confession of Faith be subscribed as followeth Anent the Confession of Faith lately set forth by the Kings Majestie and subscribed by his Highnesse the Assembly in one voyce acknowledgeth the said Confession to be a true Christian and faithfull Confession to be agreed unto by such as truely professe Christ and have a care of Religion and the tenour thereof to be followed out efoldly as the same is laid out in the said Proclamation wherein that Discipline is sworn to In the generall Assemblie holden at Edinburgh in October 1581. Sess. 10. Mr. Robert Montgomery is accused for teaching that discipline is a thing indifferent Sess. 23. The Assemblie gave Commission to the Presbytery of Stirling to charge Mr. Robert Montgomery to continue in the Ministry of Stirling and not to meddle with any other office or function of the Kirk namely in aspiring to the Bishoprick of Glasgow against the Word of God and Acts of the Kirk under the pain of Excommunication In the same Assembly it is acknowledged that the estate of Bishops is condemned by the Kirk Commission for erection of moe Presbyteries was renewed and a new Ordinance made for subscribing the Confession of Faith and to proceed against whatsoever persons that would not aknowledge and subscribe the same In the Assembly holden in April 1582. there was a new Commission for erection of Presbyteries where none was at yet erected Mr. Robert Montgomery pretending to be Bishop of Glasgow was ordained to be deposed and excommunicate except he gave evident t●kens of Repentance and promise to superseed which he did not and therefore was excommunicate shortly after according to the ordinance of this Assembly In the generall Assembly holden at Edinburgh 1582. The Generall Assembly gave Commission to some Presbyteries to try and censure such as were called Bishops for the great slander arising by their impunitie Commission was given at this Assembly to present some Articles to the Councell and estates for approving and establishing by their authoritie the Presbyteries the Synodall and Generall Assemblies in the 19. Sess. the Assemblie declared that 〈◊〉 Bishop may ●it upon the Councell in name of the Kirk In the Assemblie holden Anno 1586. these two Articles were agreed upon First It is found that all such as the Scripture appointeth Governors of the Kirk to wit Pastors Doctors and Elders may conveene to the generall Assemblies and vote in Ecclesiasticall matters Secondly There are foure Office-bearers set down to us by the Scriptures to wit Pastors Doctors Elders and De●cons and the name of Bishop ought not to be taken as it hath been in the time of Papistry but is common to all Pastors and Ministers In the Assembly holden Anno 1587. Sess. 8. It was ordained that the admission of Mr. Robert Montgomery by the Presbyterie of Glasgow suppose to the Temporalitie of the Bishoprick only be undone and anulled with all possible diligence to the effect Slander might be removed from the Kirk In Sess. 15. Mr. Rob. Pont she●ed the Kings presentation to the Bishoprick of Cathnes and desired the Iudgement of the Assemblie The Assemblie in their Letter to the Kings Majestie declared that they judged the said Mr. Rob to be a Bishop already according to the doctrine of S. Paul but as to that corrupt estate or office of these who hath been termed Bishops heretofore they found it not agreeable to the word of God and that it hath been 〈◊〉 in divers Assemblies before In the Instructions given to such as were appointed to wait● upon the Parliament it was ordained in the same Assembly Sess. 17. th●t they be carefull that
nothing b● admitted prejudiciall to the liberties of this Kirk as it wa● concluded according to the Word of God in the generall Assemblies preceeding the year 1584. but precisely to seek the same to be ratified in the Assemblie holden in March 1589. where the Articles were made for the subscribing the confession of Faith with a 〈…〉 it was 〈◊〉 as followe●● For so much as the Neighbour Kirk in England is understood to be heavily troubled for maintaining of the true discipline and government whose griefes ought to move us therefore the Presbyterie of Edi●burgh was ordained to comfort the said Kirk in the said matter In the Assemblie holden 1590. when the Confession of Faith was subscribed universally de novo A ratification of the liberties of the Kirk in her Iurisdiction Discipline Presbyteries Synods and generall Assemblies and an abrogation of all things contrary thereunto was ordained to 〈◊〉 sought both of the Councell and Parliament In the next Session it was ordained that the book of Discipline specially the controverted heads should be subscribed by all Ministers that beare or hereafter were to beare office in this Kirk and that they be charged by the Presbyteries under the paine of Excommunication seeing the Word of God cannot be keeped in sincerity unlesse the holy Discipline be preserved The Presbyteries were ordained to get a Copie under the ●lerks hand there was sundry Copies subscrib●d by the Ministers in the Presbyteries yet extant as Haddington 〈◊〉 c. produced before the Assemblie In the Assembly 1591. Sess. 4. The former Act anent the subscription to the book of Policie is renued and penattis imposed upon the Moderator in case it be not put in ex●cution In the Assembly 22. May 1592. Sess. 2. These articles were drawne up That the Acts of Parliament made 1584. against the Discipline Libertie and Authoritie of the Kirk be 〈◊〉 and the same Discipline whereof the Kirk hath been in practice precisely ratified that Ab●●ts Pryo●ies and other Prelats pretending the title of the Kirk be not suffered in time comming In the eleventh Session the number of the Presbyteries were given up and 〈◊〉 in the Parliament immediately following The fifth of Inne 1592. The Libertie Discipline and Iurisdiction of the 〈◊〉 Kirk in her Sessions Presbyteries 〈◊〉 and generall Assemblies is largely ratified as the same was used and exercised within this Realm and all the Acts contrary thereto abrogate the Kings prerogative declared not to be prejudiciall to the same priviledges grounded upon the Word of God the former Commissions to Bishops 1584. rescinded and all ecclesiasticall matters subjected to Presbyteries according to the discipline of this Kirk Anno 1595. the Book of Policie with other Acts is ratified and ordained to be printed It was also cleared that Episcopacie was condemned in these words of the Confession His wicked Hierarchie For the Popish Hierarchie doth consist of Bishops Presbyters and Deacons that is Baptizing and Preaching Deacons for so it is determined in the Councell of Trent in the 4. Chap. De Sacramento ordinis Cant. 6. Si quis dixerit in Ecclesiâ Catholicâ non esse Hierarchiam divinâ ordinatione institutam quae constat ex Episcopis Presbyteris Ministris anathema sit Bellarmine likewise in his Book De Clericis cap. 11. saith That there are three Hierarchies in the Militant Kirk The first of Bishops the second of Priests the third of Deacons and that the Decons are also Princes if they be compared with the people This proposition following Hierarchia ecclesiastica constat ex Pontifice Cardinalibus Archiepiscopis Episcopis Regularibus was censured by the facultie of Theologie in the Vniversitie at Paris as followeth In ista prima propositione enumeratio membrorum Hierarchiae Ecclesiasticae seu sacri Principatus divinâ ordinatione instituti est manca redundans atque inducens in errorem contrarium determinationi sacrae Synodi Tridentinae The proposition was defective because it pretermitted the Presbyters and Deacons it was censured as redund●nt because it made the Hierarchie to consist of the Pope Cardinals Archbishops and Regulars the Pope is not within the Hierarchie Primats Metropolitanes and Archbishops but as they are Bishops Furthermore this Hierarchie is distinguished in the Confession from the Popes Monarchie and howbeit this Hierarchie be called the Antichrists Hierarchie yet it is not to distinguish betwixt the Hierarchie in the Popish Kirk and any other as lawfull but the Hierarchie wheresoever it is is called his as the rest of the Popish corruption are called his to wit Invocation of Saints Cannonization of Saints Dedication of Altars c. are called his not that there is another lawfull Cannonization Invocation or Dedication of Altars whatsoever corruptio● was in the Kirk either in Doctrine worship or Government since the Mysterie of Iniquitie began to work and is retained and maintained by the Pope and obtruded upon the Kirk by his Authoritie are his A passage also out of the History of the Councell of Trent was alleaged where it is related that the Councell would not define the Hierarchie by the seven Orders we have in our Confession of Faith the manifold Orders set a part and distinguished from the Hierarchie but as it is set down in the Cannon above cited we have in the book of Policie or second book of Discipline in the end of the second Chapter this Conclusion agreed upon Therefore all the ambitious Titles invented in the Kingdome of Antichrist and in his usurped Hierarchie which are not of one of these foure sorts to wit Pastors Doctors Elders and Deacons together with the offices depending thereupon in one word ought to be rejected All which and many other Warrants being publikly read and particularly at great length examined all objections answered in face of the Assemblie all the members of the Assemblie being many times de●●red and required to propon● their doubts and 〈◊〉 and every one being heard to the full and after much ●gitation as fully satisfied The Moderator at last exh●rting every one to declare his mind did put the master to voy●ing in these termes Whether according to the Confession of Taith as it was professed in the year 1580. 1581. and 1590. there be any other Bishop but a Pastou● of a particular flock having no power nor preheminence nor power over his Brethren and whether by that Confession as it was then professed all other Episcopacie is abjured and ought to be removed out of this Kirk The whole Assemblie most unanimously without contradiction of any one and with the 〈◊〉 of one 〈◊〉 professing full perswasion of mind did voyce That all Episcopacie different from that of a pastour over a particular flock was abjured in this Kirk and to be removed out of it And therefore prohibits under Ecclesiasticall 〈◊〉 any to usurpe accept defend or obey the pretended authority thereof in time comming Collected visied and extracted forth of the Register of the Acts of Assemblie by me Mr. A.
Covenant consists 1. in the Authoritie whereby it is concluded 2. In the parties betwixt whom 3. In the matter or Articles whereunto they bind themselves 4. In the end for the which it is contracted but in all these points this Covenant is different from the former injoyned by King Iames of h●ppy memory First the Kings Covenant was injoyned by the Authoritie of the King and his Councell who only under God hath power to bind all his Subjects but this was onely framed and urged by private men upon those over whom they had no lawfull Authoritie civill or ecclesiasticall Secondly in that Covenant the parties were the Kings Majestie our dread Soveraign on th'one part and all his Subjects on th' other part in this the parties are some particular private persons Noblemen Barrons Gentlemen Ministers Burgesses and Commons amongst themselves excluding the Kings Majestie Thirdly the matter and Articles whereunto all are bound in the first Covenant are the maintenance of true Religion according to the Confession of Faith Abjuration of all Antichristian and Popish errors the defence of the Kings Majesties person Authoritie and estate but in this albeit they pretend to bind themselves by oath to the defence of all these yet is it but a pretext to cover their Rebellion and Protestatio contra factum for it is evident that they have in this very Fact many wayes incroached upon the Kings Majesties Authoritie and estate contrarie to the fundamentall Laws of the Kingdome but the principall Articles whereto they bind themselves is 1. To stand together in the mutuall defence one of another against all persons whatsoever 2. To the maintenance of their false Applications of the Confession of Faith added thereunto like the Glosse of Orleans destroying the meaning of the Text 3. To forbear the practice of all those things which they call Novations constituted by the consent of the Church ratified in Parliament and commanded by the King which is directly to swear disobedience both to the King and the Church and consequently to God also 4. To reject the present Government of the Church established by the Kings authoritie consent of the Church in divers generall Assemblies and of the whole estates in Parliament finally to suppresse one of the three estates o● Parliament thereby destroying the fundamentall Laws of the Kingdome Fourthly the end of the first Covenant was to maintaine peace and concord both in Church and Common-wealth which was many wayes disturbed in those times and defence of the Kingdome from externall Invasions and inward Seditions which were upon too evident grounds then feared but in this their Covenant the chief intended end was to disturbe the peace both in the Church and Kingdome by stirring up seditious factions therein against the King and his Loyall Subjects that in those troubles as fishing in troubled waters they might work their own particular ends and not to exclude externall invasions but rather to open a gate for strangers to enter and if their secret practices with the King of France and the Estates of Holland could have prevailed as they were confident they should to have brought in forraigne forces within the bowells of the Kingdome But praised be God those Estates were wiser than so as to assist Subjects in their unjust Rebellion against their naturall Prince Finally we must not omit their foolish and vaine boasting here and in their other pamphlets often repeated usque a● Nauseam that their Rebellious Covenant hath been by the Lord blessed from Heaven they conceive so because of the great appla●se it hath had amongst themselvs and the prosperous succe●●e they have found in their enterprizes against the Kings Castles in putting their Armies to the field and harming the Kings loyall Subjects without present damage to themselves but let not him that putteth on his Armour boast himself as he that putteth it off Chore Dathan and Abirars had good successe at the first and drew after them in their Rebellious Covenant two hundred and fiftie Princes of the Assemblie famous in the Congregation and men of Renoune as it is written Numb. 16. 2. And a great many of the people against Moses and Aaron the Prince of the people and the high Priest of the Lord whom God had set over them So that Moses being greatly astonished fell down most abjectly upon his face before them and could not know how to represse that Sedition except the Lord had comforted and directed him these men might have thought as our Covenanters doe that the Lord had blessed their enterprize from Heaven yet ere it was long they found Gods just Iudgement and Curse both from Heaven and Earth for the Earth swallowed up some of them quick and others were destroyed by fire from Heaven Let all Seditious Rebells therefore learne by this example to repent in time and not to boast too confidently of their present successe but fear the end The fourth and last Consideration is because his Majesties Commissioners and Councell by the Kings Commandment and others of his Subjects by ordinance of the Councell had subscribed the Confession of Faith without their Applications and that both the one the other Subscribers had done it according to the date tenor and mea●ing it had An. 1581. there for they considered that it was expedient and proper for the generall Assemblie to declare the true meaning thereof as it was at first professed to the end that all his Majesties Subjects may be one mind and heart and have full satisfaction to all their doubts Concerning this Consideration we must observe that howsoever the subscribers of that rebellious Covenant did understand the Confession of Faith yet those who did subscribe the Kings Covenant at his Majesties command both first and last could not lawfully swear to it in any other sence than the King who required the oath did understand the same for this is most certaine That all oathes required by a magistrate should be taken in the direct and explained meaning of him who required the oath But it is evident that his Majestie declared himself plainly enough that he did not require his Councell nor his other subjects to sweat this Confession in such meaning as therby either Episcopacy or the other established Constitutions of the Church should be abjured for otherwise it had been a deluding of his Majesties Command by a Iesuiticall equivocation who teach their Supposts that Axiom Vnto dangerous interrogatories one may frame to himself a safe sense and swear thereto thought it be contrary to the meaning of him who required the Oath Therefore I cannot conceive that those judicious and discreet Noblemen would practise Iesuiticall tricks to elude his Majesties Command in swearing that Confession and Covenant in another sense than they knew his Majestie intended 2. Albeit that in their subscribing and swearing they had all added expresly that restriction According to the meaning it had Anno 1581. yet will it not follow that they had any doubt of the true