had to write so I know not except he did build upon that which Iohannes Major sayeth But from the instruction of the Scots in the faith to conclude that the Church after it was gathered had no other for me of governement will not stand with reason for be it as they speak that by the travelle of some pions monks the Scots were first converted unto Christ it cannot be said that the Church was ruled by monks seing long after those times it was not permitted to monks to medle with the maters of the Church nor were they reckoned among the Clergy thus he To which it is easily answered 1. That the sole word of a late Historian of an Excommunicated forsworne Prelate speaking in his own cause will have lesse weight with every rationall man then the Testimony of so many famous eminent Historyographers known through the world 2. All the Prelat's logick will not conclude from these words of Boetius that there was Episcopall governement among the Culdees if Boetius himself may be heard whom all are bound to beleeve better then this Prelate who reasoneth according to his skill for he lib. 7. c. 28. sayeth erat Palladius primus omnium c. i. e. Palladius was the first of all who did bear holy Magistracy among the Scots being made Bishop by the great Pope thus he affirmeth clearly that Palladius was the first who had Episcopall Power or exercised a Magistraticall domineering power in Church maters 3. Could Buchanan a man many stages beyond the Arch-prelate know no reason or ground for what he said but what this Archprelat could perceave who had no will to open his Eyes 4. As this Archprelat doeth wrong his own credite as an Historian when without warrant he contradicteth so many famous Historians so doeth he discover much weakness in reasoning for to say that the monks did not governe the Church befor Palladius landed in Scotland because after Palladius came they were putt out of all accompt got not liberty to do so is such a ridiculous consequence as can hardly be paralleled as if one should reason now say the Church of Scotland was not governed by Ministers befor the year 1661. becaus after Bishops got all the power into their hands the Ministers had no power of governement in the Church Much more might be said here against the reasoning of this late Historian were it sitt to insist upon every such frivolous argument of his So then from these forocited Historians from Baronius in his Annal it appeareth that the Church of Scotland was severall hundereths of years without a domineering Prelate after this time that this Palladius came she was still in a decaying condition through the increase of popery which at length did overspread the whole land in which Romish darkness she did ly untill about the year 1494. About which time the Lord began to visite that poor Church with his salvation to cause some light of the Gospel to break up in severall places of the land but no sooner did the light appear but as soon did those Antichristian Prelats vassals of the Pope begin to rage to raise persecution against the young professors of the truth followers of the lamb so with fire faggot they sought to destroy all who prosessed the true Religion untill about the year 1550. when notwithstanding of all this rage cruelty of the Beast his followers the knowledge of the trueth did spread through the land a farther worke of Reformation began to he caryed on by worthies whom the Lord raised up such as famous Mr Knox others who were singularly owned of God in that work Though Mr Spotiswood according to his usuall maner of mistaking the works of God of venting his enmity to piety purity is pleased in the 60. page of his history to say that this Reformation was violent disorderly And albert at that time the Queen was endevouring by all means possible to keep up the Idolatry of Rome to suppresse the Reformed Religion so powerfully did the Lord in his goodness assist these worthves that in the year 1560. there was a large Confession of Faith drawn up at the command of the Parlament which did conveen that year in which Confession all the Popish errours were renounced after it was exhibited to the Parliament there read when it was read the Prelats who were there present had not one word to speak against it which when the Earle of Marshall did perceave he said Seing the Bishops who by their learning can for the zeal they should have to the truth would gain say if they knew any things repugnant say nothing against the said Confession I cannot but thinke that it is the very truth of God Thus this Confession was openly avowed professed by this Parliament as is clear by the act 6. parl 1. King Ja. 6. Au. 1567. act 86. par 6. An. 1579. where these words are found in both acts and decerns declairs that all sundry who either gainesayeth the word of the Evangell receaved approved as the heads of the Confession of faith professed in parliament of befor in the year of God 1560. At this Parliament there are severall acts made against popery as against the Masse against the Popes authority jurisdiction for such as were for the Reformation or the Congregation as they were then called did supplicate that they would condemne the Antichristian doctrine would restore the Discipline of the ancient Church discharge the popes jurisdiction accordingly as was said there is an act made ordaining that the Bishop of Rome called the Pope have no jurisdiction nor authority within the Realme in any time coming and that no Bishop or other prelate of the Realme use any jurisdiction in time coming by the said Bishop of Romes authority under the pain c. which was afterwards ratified by severall acts in the dayes of King James And thus by act of Parliament the Reformed Religion is established the church governement by Prelats is virtually discharged because Prelats then had no power but what they had from Rome when the current is cut off at the head it must needs cease in the streams But this will be the more clear if we consider how the Reformers were dealing for the establishment of Discipline together with the Doctrine knowing that the doctrine would not be long keeped pure if the Popish discipline governement were still retained upon this the great council giveth a charge dated April 29 1560. requiring commanding them in the name of the Eternall God as they would answer in his presence to committ to writing in a book deliver their judgements touching the Reformation of Religion which heretofore in this Realme as in others hath been utterly corrupted According unto which charge the first Booke of Discipline as it was called in which book the governement
Edinburgh who were to communicat it unto the rest of Presbyteries of the Kingdom a gracious letter as it was called wherin he promised to owne to countenance the government of the Church as it was established by law wherby many took him to meane Presbyterian government But others feared a designe to overturne Presbyterian government to introduce Prelacy as afterward it came to passe when the Parliament did rescinde all acts statutes made in favours of Presbyterian government did devolve the power of setling the government of the Church upon his Maj. they did by their Act. 16. allow the present administration by Sessions Presbyteries Synods for a time But at length Mr IamesSharpe a man who had formerly been intrusted by severall of the Ministry confided in as one who would prove most faithfull unto the Presbyterian interest but now had betrayed his most intimat brethren laid down a course for overturning his mother Church therby declared that he was a most unnaturall childe of that Church other three Ministers with him went up to London wâ—… first being made ordained Deacons after that Presbyters they are consecrated Bishops upon the day of 1661. with all there is a proclamation from his Maj. of the date at Whitehall the 6 of September Anno 1661. declareing His Royall pleasure to be for restoreing of the government the Church by Archbishops Bishops as it was exercised in the year 1637. that he had nominated presented persones to the severall Bishopricks of the Kingdome of Scotland of whom some have been lately consecrated invested with the same dignities Church power authority which was formely competent to the Archbishops and Bishops in the Reignes of his Royall grand Father and Father of blessed memory and that the allowance of Presbyteriall government is now of itself void and expired as being only for a time c. And so the jurisdiction and exercise of Church government should be ordered in there spective Synods Presbyteries and Sessions by the appointment authority of the Archbishops and Bishops according to their privilege practice In obedience to which proclamation The Privy Councell Ian. 9. 1662. did make publick intimation thereof discharge all ecclesiasticall meetings in Synods presbyteries sessions untill they be authorized ordered by the Archbishops Bishops upon their entry unto the government of their respective seas which is to be done speedily Wherupon at the time of the meeting of the provinciall Synods noblemen others were sent to raise them by force But therafter when these foure returne from London consecrat the rest there were acts made in the second session of Parliament viz. Anno 1662. redintegrating them to the exercise of their episcopall function to all their privileges dignities jurisdictions possessions due formerly belonging thereunto as also there is an act ordaincing all ministers to repaire unto the diocesian assembly concur in all the acts of Church discipline as they should be therunto required by the Archbishops or Bishop of the diocese under the paine of being suspended from their office benifice till the next diocesian meeting for the first fault if they amended not to be deprived the Church to be declared vacand But notwithstanding of this act all such ministers as resolved to keep a good conscience did forbear to goe unto these meetings or unto the other meetings which they call exercises in which meetings the prelate such as he named did not only preside but ruled as they pleased Not only because the privileges of the judicatories were encroached upon wronged by the Prelate presideing at his own hand without the consent of the rest contrary to the constant practice of that Church because a constituent member of these judicatures viz the ruleing elder was excluded contrare to the principles of presbyterian government the practice of that Church from the begining the practice of all other reformed churches of the primitive Church contrary to the judgment of many eminent divines both there and abroad who have clearly made it to appear out of the scriptures that Christ hath instituted such officers and these should have more weight then those three mentioned by the author of the Seasonable case pag. 11. as of another judgment But also because these meetings now differ from the meetings judicatories which the Church had before not only in name they being now called doâ—…sian meetings not Synods Presbiteries but also in thing The former judicatories are razed overturned these new meetings are erected upon a new Basis the Kings power perogative to setle what forme of Church government he thinketh best they are now authorized ordered by the prelates so they are pieces partes of the prelaticall government therefore they are distinct from what they were before So that no minister that made conscience of his covenant vow for presbyterian goverment against prelaticall could with peace freedome keep or countenance these meetings It is replyed by the prelates procurator the new casuist in his pamphlet called the seasonable case etc. pag. 12. That the meetings now before are of the same constitution nothing altered nor any more holding of Bishops now when the Kings Maj. hath taken off the restraint which for a time he putt on then if he had not at all restrained them But this is no satisfactory answere his meet deny all will not availe much with indifferent men of understanding for the difference is clear because 1. formerly Church judicatories had power within themselves to nominat appoynt their own moderator now it is not so 2. Formerly Church judicatories Church power did flow from the Lord Iesus Christ immediatly as being the only head of his Church now they flow from another fountaine viz the King as the fountaine of all Church power therefore is the goverment called his majesties governement ecclesiasticall in the Act of councell Iuly 10. 1663. the prelats in the discharge of their office are said to do service to his Maj. in the Church in the act of councell Ian. 9. 1662. 3. Formerly Church judicatories did meddle with every scandal now they must meddle with no more then the prelat pleaseth 4. Formerly presbyters had power to voyce to determine by their decisive suffrage now they are but the prelates counsellours of whose counsell advice he maketh what use he thinketh fitt 5. Formerly there was none in those judicatories who had a negative voyce now the Bishop hath it the rest are but cyphres 6. Formerly in these judicatories ther were ruleing elders but now that constituent member is not admitted which particular alone will sufficiently evidence that the face frame of the judicature is altered And since it is so any man of understanding may easily perceive such a difference as maketh those meetings now to depend upon
called God the King lately reprinted published by his Maj. royall proclaâ—…tion for the instruction of all his subjects in their duty alleagiance for thus is that oath worded I A. B. Do truely sincerely acknowledge professe tostifie declare in my conscience before God the world that our Soveraigne Lord King Iames is lawfull and â—…ightfull King of this realme of all other his Maj. dominions countreyes that the pope neither of himself nor by any authority by the Church see of Rome or by any other meanes with any other hath any power or authority to depose the King or to dispose of any of his Maj. dominions or Kingdomes or to authorize any forraigne prince to invade or annoy him or his countreyes or to discharge any of his subjects of their alleagiance obedience to his Maj. or to give license or leave to any of them to bear armes raise tumults or to offer any violence or hurt to his Maj. royall person state or government or to any of his Maj. subjects within his Maj. dominions Also I do swear from my heart that notwithstanding any declaration or sentence of excommunication or deprivation made or granted or to be made or granted by the pope or his successours or by any authority derived or pretended to be derived from him or his see against the said King his 〈◊〉 or successours or any absolution of the saids subjects from their obedience I will beâ—… faith true alleagiance to his Maj. his aires successours him them will defend to the uttermost of my power against all conspiracies attempts whatsoever which shall be made against his or their persones their crowne dignity by â—…easone or colour of any such sentence declaration or otherwise will do my best endeavour to disclose make known unto his Maj. his aires successours all treasons or treitours or conspiracies which I shall know or hear of to be against him or any of them And I do furder swear that I do from my heart abhoâ—…e detest abjure as impious hereticall this damnable doctrine position That princes which be excommunicated or deprived by the pope may be deposed or murdered by their subjects or any other whatsomever And I do beleeve in conscience am resolved That neither the Pope nor any person what somever hath power to absolve me of this oath or any part thereof which I acknowledge by good lawfull authority to be lawfully Ministered unto me And do reâ—…unce all pardons dispensations to the contray And all these things I do planely sincerely acknowledge swear according to these expresse words by me spoken according to the plaine common sense understanding of the same words without any equivocation or mentall evasion or secret reservation whatsoever And I do make this recognition acknowledgment heartily willingly truely upon the true faith of a Christian. So help me God This is the oath of alleagiance how far it differeth from the former which was lately tendered is easily discerned These few words in the short oath only supreme governour in this Kingdome over all persones in all causes containe the main difference betwixt the two the main grounds of scruple for they hold forth two things The King's supremacy in matters civill his supremacy in matters ecclesiasticke It is true Ministers ought both to be to carry duti fully as becometh subjects to refuise nothing lawfull which is required of subjects but oathes being matters about which much tendernesse carefulnesse ought to be used it becometh Ministers to look well to this not to engadge in any oath rashly Advisement deliberation is most requisite here especially in a time when snares abound when there is good ground to suppose that the oath is tendered of purpose to be a snare to the conscience The oath as to it is substance or maine thing intended which lyeth wrapped up in those few words last cited is not as is obvious to any so clear as oaths ought to be yea the imposers themselves will not deny this but are forced to acknowledge that as it is worded in respect of that part thereof which is onely scrupled at which containeth the substance maine thing intended it is at best ambiguous generall for this cause if there were no more every Christian ought to forbear to swear the same And that because every oath must be sworne in truth in judgment in righteousnesse Ier. 4 2. but an unclear ambiguous oath cannot be sworne in truth because it hath no truth in it for what is ambiguous is not true as doctor Sanderson sayeth de jur promis oblig prael 6. § 10. a preposition of an ambiguous indefinite sense before the matter be distinguished is not a true proposition yea nor a proposition at all for a proposition as its definition cleareth should signify either a truth or a falshood without any ambiguity And therefore this proposition that the King is onely supreme governous over all persones in all causes being ambiguous till it be clared by some distinctions cannot be sworne in truth because the truth thereof cannot be known Nor can it be sworne in righteousnesse because such as swear it cannot be sure but that in taking that oath they may be wronging others wronging Parliaments which is worse wronging the Lord Iesus Christ who is King head of his Church Nor can it be sworne in judgment because its meaning cannot be known But now seing the oath in respect of its substantiall part as it is now worded is ambiguous unclear reason would require that the tenderers thereof should explaine the meaning thereof make it as clear as may be But when this is refuised what can such do who are pressed to take that oath but refuise the same partly because of its ambiguity partly because by the sense which by their other Acts Actings they who tender it do put upon it it appeareth to to be most unlawful all divines casuists do grant that an oath must be taken in his sense meaning in whose favours for whose sake faifty it is conceived who tendereth it And therefore it is not only lawfull but necessary to enquire what sense the Acts Actings of the Parliament do put upon it And as to the civill part of the oath which here is to be examined no other explication needeth to be enquired after then what they give forth in their Acts on record all which to cite here at length would be tedious The citeing of the acknowledgement of his Maj. prorogative which is a part of the 11 Act Anno 1661. where the substance of many preceeding Acts is summed up will be a sufficient evidence and here it is declared That it is an inherent privilege of the crown an undowbted part of the royall prerogative of the Kings of
scruple now at the taking of that oath let wise men judge Next as to the rise of this power over the Church the occasion of this oath in Scotland seing it may sufficiently be gathered from the short historical narration of the government of the Church set down Sect. 1. a short recapitulation will be sufficient here In the confession of faith which was ratified approved by the Parliament Anno 1560. againe ratified insert in the records Anno 1567 cap. 25. the power in Church matters which is there given unto the civil Magistrat is in these words That to them chiefly and most principally appertaineth the conservation purgation of religion and they are appoynted for the maintenance of the true religion and for suppressing of idolaâ—…ry and superstition in that same Parl. An. 1567 Act 2. there is an act which was made Anno 1560. ratified ordaineing that the â—…ishop of Rome called the Pope have no jurisdiction or authority within this realme and that none of his Maj. subjects suite or desire title or right of the said Bishop of Rome or his sect to any thing within his realme under the paine of banishment c. and that no Bishop use any jurisdiction in time coming by the said Bishop of Romes authority under the paine forsaid whereby the Popes authority was quite rejected not only in civil matters but in Church matters yet there is no expresse word of the Kings being invested with any such power Anno 1568. There was one Thomas Bassenden Printer in Edinburgh who did printe a book intituled the fall of the Roman Church and in that book the King was called the supreme head of the Church This gave great offence moved the generall assembly to cause call in these books to delete that title of the Kings But all this did not preserve the Church from incroachments for when Montgom pretended Archb. of Glasgow was proceeded against the king summoned the whole synod of Lothian before him afterward when this same Mr Montgomery was summoned before the Nationall Assembly there came a Messinger of armes from his Maj. to discharge the Assembly under the paine of rebellion of puting of them to the horne to proceed any furder whereupon the assembly did complaine of this incroachment April 27 Anno 1580. as such the like whereof had never been made before But this availed not for Mr Balcanquell Mr Dury were summoned before the Councell for some freedome which they had used in preaching Of this the Assembly did complaine againe which occasioned a conference betwixt the King some Ministers the result whereof was That in all time coming the tryal of Ministers doctrine should be referred to Church Iudicatories as the only competent Iudge But this was soon forgotten for Anno 1581. Mr Balcanquell was againe accused the privileges of the Church were incroached upon which did put the Church to supplicat Anno 1582. complaine that His Maj. by advice of some consellours was about to take the spirituall Power authority upon himself propperly belonging unto Christ as the King head of his church of the ministery the execution thereof unto such as bear office in ecclesiasticall government so that in his person some men presse to erect a new Popedome as if his Maj. could not be full King head of the commonwealth unlesse the spirituall as well as the temporall power should be put into his hand unlesse Christ be bereft of his authority the two jurisdictions confounded which God hath divided which tendeth directly to the wrecke of all true relig it their next assembly there was an article drawn up to be presented unto his Maj. to this affect That seing the jurisdiction of the Church was granted by God the Father through our Mediator JESUS CHRIST given to those only who by preaching overseeing bear office within the same to be exercised not by the injunctions of men but by the only rule of God's Word That an Act of Parliament concerning the liberty jurisdiction of the Church be so plainely declared that hereafter none other under whatsoever pretence have any colour to ascribe or take upon them any part thereof in placeing or displaceing of Ministers of God's Word in spirituall livings or offices without the Churches admission or in stopping the mouthes of preachers or taking upon them the judgment or tryall of doctrine or of hindering or disannulling the censures of the Church or exeeming any offendour there from By the endeavours of these faithfull worthies any may see what a Spirit was stirring then when the King would assume to himself spirituall power authority so rob Christ of that which belongeth to him as King head of the Church make himself a Pope the fountaine of all power jurisdiction both civill ecclesiastick challenge power to give commission for deposeing ordaineing of Ministers hinder free preaching to try censure doctrine to anull all Church censures as he pleased This was the Spirit that was then stirring at court this is the supremacy to the life this was it which court parasites said did belong unto the crown let the Church say do to the contrary what she could Hence a little after this Mr Melvin was accused for his sermon after he had declined the King his Councell as incompetent judges in that cause was forced to withdraw to Berwick for fear of his life Anno 1584. The Parliament which was suddainely convocated did put the copestone upon this bussinesse gave the King in forme what he had assumed to himself formerly upon the matter in their very first Act give him Royal power and authority over all Estates as well spiritual as temporal within the realme And Statute and ordaine that he and his heires or successours be themselves and their Councels in all time coming judges competent to all persones of whatsoever Estate degree function 〈◊〉 condition they be of spiritual or temporal in all matters that none decline their judgement in the premisses under the paine of treason From this supremacy flowed the impowering of Bishops with Church jurisdiction as commissioners from the King so that when the King wrote unto a Prelat he stilled him Our beloved Clerck Commissioner in Ecclesiastical causes So that by this supremacy the power of Church jurisdiction was made propper to the King the exercise thereof was committed by him to whom he would After this blast was something blown over Anno 1592. Papists others at court stirr up his Maj. against the government of the Church so that when the commissioners of the Generall Assembly had met had sent some of their number to shew the King what offence was taken at his calling home the Popish Lords he was offended asked how they durst meet without his warrâ—…nd But Mr Andrew Melvin answered That there were two Kings two
function any more within the Kingdome If the objection goe upon this supposition it is sufficiently answered above But next suppone there were such a command expresly prohibiting them they were not bound to give obedience Because to inhibite discharge the Actuall exercise of the function of the ministry is a spirituall censure it is reall suspension which is a sentence that can lawfully be passed only by a Church judicature the civill Magistrat can no more suspende from the exercise then he can depose from the office for the one is a degree unto the other See Apollde jure Maj. circa sacra pars 1 pag. 334 335 336. And Rutherfurd's due right of presbyteries pag. 430 431. And therefore though the civill Magistrat should passe such a sentence conscientious Ministers ought not to obey because the civill Magistrat in passing such a sentence is not keeping within his sphaere but transgressing the limites of his calling when the civill Magistrat is usurping the power that doth not belong unto him obedience is not to be yeelded neither is he to be countenanced or encouraged in that Therefore though there were no more this is sufficient to call all Ministers to give testimony against such an usurpation by refuseing to obey any such Act or by preaching when God giveth a call in his providence in any place they comeâ—… unto though there were never such an expresse Act to the contrary They mâ—…st not by their silence And obedience unto such commands gratify the civill Magistrat make him another pope See Apollon juâ—… Maj. circâ—… sacra par 1 pag. 338. SECTION XVII It is lawfull for Ministers to preach after the pretended prelate hath either suspended or deposed them BEing now speaking of the trouble that Ministers are put to for preaching of the Gospell it will not be amisse to speak hâ—…e of another case And it is concerning such as either are or shall be suspended or deposed by the prelats or their Synods And it may be some may think that though they be not bound to be silent upon the sentence of banishment passed against them by the civil Magistrat Yet being formally silenced or deposed by the Bishop or his Synod they cannot lawfully contraveen that Act sentence it being the act sentence of a Church judicature or of such as have formally Church power authority But the serious pondering of these six things will cleare that notwithstanding thereof they are bound to look upon themselves as Ministers so not only may but ought to exerce their Ministery as God shall put opportunity in their hands 1. Submission unto such a sentence would be an acknowledging of the prelate of his power this is contrary to their oath covenant Such officers as prelats were cast out of that Church abjured now submission unto their sentence would be an expresse owneing of them acknowledging them to be really cloathed with Church power particularly with power over preaching presbyters so they should acknowledge another officer in the Church then Christ hath instituted which no true Christian ought to do If the 〈◊〉 should take upon him to depose or suspend any Gospell Minister would not that Minister acknowledge the power of the Pope if upon the receiving of such a sentence he should leave off the exercise of his Ministery And when the civil Magistrat taketh upon him to depose a Minister immediatly if that Minister should upon such a sentence be silent submit would he not thereby acknowledge that the Magistrat had power to depose Ministers formally Sure none could doubt of this So then it is beyond all question that to submit unto such a sentence would be a clear acknowledging of their power this is diametrically opposite unto an endeavour to extirpat them 2. If it were lawfull to submit unto their sentence it were undoubtedly lawfull to compeer before their court 〈◊〉 before a lawfull court answere unto any accusation given in against them for if one may acknowledge the lawfulnesse of the sentence of such a court they may also acknowledge it lawfull to answere before them so lawfull to owne them as a lawfull court Now seing conscientious Ministers could not have clearnesse to compeer before the prelat or his Synod when summoned can it be expected that they should counter-act their own testimony condemne themselves by submitting unto their sentence 3. Such a submission would prove very stumbling unto the godly for 1. It would encourage them to owne the prelats as lawfull Church officers to compeer before them to obey their acts so to owne acknowledge them as lawfully impowered for if they be owned acknowledged in one particular why not in all 2. it would wronge the peace of the godly who have hitherâ—…ill keeped a distance give a check unto their conscientious walk ing when they should see ministers submitting to their sentence as to the sentence of any uncontroverted lawfull Church judicature 4. Who ever condemne this non-submission sure such as of late thought they could not in conscience submit also all such as did approve them in that particular unto the sentence of deposition or suspension passed against them by a controverted assembly because they looked upon it as no lawfull Generall assembly being not lawfully constituted cannot condemne this but according to their principles must preach for no doubt the power of prelats is much more to be questioned then the power of such assemblies even many who will stand to the justifying of that assembly will never justifie the power of prelats therefore it cannot but be expected that such as thoughte the sentence of that controverted assembly null should now look on the sentence of a prelat as null and of no effect and therefore as little if not lesse to be regairded submitted unto 5. Beyond all question it is a sentence proceeding from such as have no power therefore ought not in conscience to be submitted unto A minister who is called of God must not lay aside his office or the exercise of his office power upon every man's desire But if he be exauctorated at all it must be by such as have lawfull authoritie for that effect unto whom he is bound in conscience to subjecte himself And so he shall have peace though the sentence be passed clave errante unjustly There will no man quite any of his goods upon a sentence comeing from an incompetent judge And shall a Minister quite with his Ministerie which should be dearer unto him then any thing else upon a sentence proceeding from an incompetent judge ora privat person this in reason cannot be expected 6. If so be they should submit unto this sentence account themselves no Ministers It would follow that though the prelats were all away they might not preach nor exerce any ministeriall Act untill a Church judicature would take off the sentence againe then not only they
the ground of the answere is clear from the very words of the commission which putteth no difference betuixt the way of their appoynting Ministers to be suspended or deposed the way of their appoynting others to be fined confined or incarcerated we must not distinguish where we have no ground And therefore it is said more clearly in the former part of the commission that they have power for the causes specified to suspend deprive excemmunicate these words make the matter as clear as can be 2. This coâ—…t is raised of purpose to put the Acts of Parliament in execution immediatly for so sayeth the commission it self That they are to â—…se their outmost endeavour that the Acts of Parliament and councell â—…or the peace and order of the Church c. 〈◊〉 put in vigour and in impartiall execution Now as for this end they immediatly execute the lawes for fineing confineing c. So have they power also immediatly to execute these lawes that are for suspending deposeing of Ministers 3. The end why this court was erected sheweth further that it is in part a Church judicature For it was erected to keep the peace order of the Church the governement thereof by Archbishops Bishops to punish such as presume to violat contemne disobey the Ecclesiastick authority 4. That which doth put the matter yet more out of doubt is the Basis or ground on which this High commission is reared up viz. his Maj. prerogative royall in all causes and over all persones as well Ecclesiastick as civil Now if they looked upon this court only as a civil court haveing power to meddle only with civil punishments his prerogative royall in causes civil had been a sufficient Basis for this Therefore the expresse mentioning of his prerogative royall in causes Ecclesiastick putteth it beyond all debate that they have proper Church power granted unto them so may immediatly depose suspend c. In the last place Some may object against the arguments brought from the unlawfulnesse of Church men their taking upon them civil places And say That though they will prove it unlawfull now for Ministers to take upon them such places Yet they will not prove it unlawfull for any to compeaâ—… before them when instaled in those places More then it can be unlawfull to come before a judge who possiblie hath come'â—… to the place by unlawfull indirect meanes that is his fault others are not concerned therein so here it is the prelates their fault to take upon them these places private persones are not so much concerned therein Ans. There is a vaste difference betwixt the prelates in this court other judges in other courts though comeing to these places by indirect meanes For. 1. These other courts places of judicature are unquestionably lawfull But the High commission is not a court so unquestionably lawfull 2. Other courts are not affected in the poynt of lawfulnesse or unlawfulnesse by the quality of the persones But it is otherwise here in the High commission the very lawfulnesse of the court is questioned upon the account of the prelats being members thereof sine quibâ—…s non 3. These vices or indirect meanes used by others for attaineing of such or such a place in a judicature are for â—…he most partsecrete not clear undeyable or obvious unto all But that which is objected against the prelats is notour to all who read the gospell where they are expresly discharged by Christ to meddle in such a manner with any civil place or power so 4. That which is objected against the prelates is such a thing as affecteth the very person incapacitateth him for the place but in the other cases instanced these vices affect only the manner of entry but do not incapacitate the person a man may be one fit enough for such or such a place in a judicature as to be a judge or a justice of peace or thelike though he use indirect meanes to come by the place but the prelats as prelats if so be they will be accounted Church officers because they are Church men are uncapable of such a place therefore though it will not be unlawfull to acknowledge a judicature unquestionablie lawfull notwithstanding of some secret corruption in the entry ofhim who is in possession of the place Yet it will be unlawfull to acknowledge a judicature in it selfquestionable at best whether lawfull or not when such persones are made constituent members thereof yea members sine quibus non that by the expresse law of Christ are uncapable ofsuch a place and the acknowledging of this judicature cannot but be an approveing of that corruption Because the very acknowledging of the judicature sayeth that the persons who are constituent members thereof are really legally capable of the place as the compearing before acknowledging of a court made up of mere civil persons having power to try ordaine rebuke depose or excommunicate Ministers should be 〈◊〉 acknowledgeing of civil persons their having Church power contrare to the lawes of the gospell Therefore the arguments brought from the unlawfulnesse of Church men taking upon them civil places are still in force By those particulars It is abundantly clear that that high commission court is a most sinfull court even as to it's constitution how dangerous it is to compear before it upon any account without a declinature how it is saifest to with draw escape the snare that is laid there for catching of unwarry souls ere they be aware See the learned Voetius pol. eccles pag. 214. quaest 2. 216. quast 3 SECTION XX. The dreadfulness of the sin of covenant breaking particularly of abjureing the nationall Covenant the solemne league Covenant manifested MAny sad particulars have been mentioned which may occasion grief sorrow unto all the people of God yet there is one other which putteth on the copestone may deservedly make that land a gazeing-stock a hissing unto all nations round about who may stand astonished wonder what is become of Covenanted Scotland For it was not enough for the Parliament to condemne the Covenants which were solemnely sworne subscribed by Parliament at their command by all ranckes of people in the land by the King himself as was showne in the 2. Section But they formed a declaration Septembr 5. 1662. which they ordained to be subscribed by all officers of state members of Parliament privy councellers Lords of Session Commissioners in the exchequer members of the college of justice Sheriffs Stewards or commissaries their deputies and clerkes Magistrats and councells of Brughs justices of peace and their clerks or any other who have publick charge office and trust within the Kingdom And by the subscribeing of this declaration they promise as followeth I do sincerly affirme and declare that I judge it unlawfull to subjects upon pretence of reformation or any other pretence
passi non aliud perfugium haâ—…bant quam ut Aâ—…licorum libidâ—…i se dederâ—…nt he sayeth The Bishops were so hard put to it that they had no other refuge but thus to satisfie the Court give away their revenues to their lusts Anno 1590. The Generall Assembly doeth abrogate the power of Commissioners devolveth the work on Presbytâ—…ries Anno 1591. The Recantation of Mr Patrick Adamson is presented unto the Assembly where among other things he confessed he had eâ—…red in thinking the governement of the Church was like other civil governements in labouring to have the Church in maters Ecclesiastick subject to the Kings lawes And with all he confesseth that the Earle of Arran had a minde to have burnt the Registers of the Assembly Anno 1584. that at Falkland before they were delivered to his Maj. a Bishop Mr Henry Hammilton took out some leaves which spoke against the Governement by Bishops that he had consented thereunto Anno 1592. in May the Generall Assembly doth meet resolveth on some propoâ—…itions to be presented to the ensuing Parliament As 1. That the Acts of Parliament made Anno 1584. against the discipline liberty authority of the Church be annulled 2. That the Discipline of the Church be raâ—…isied 3. That the Act of Annexation be repealed and 4. That the Abbots Pâ—…iors other Prelats bearing the titles of Church-men giving voice in Parl. in name of the Church without her consent be discharged to vote any more When the parliament conveeneth in June The liberties of the Church are ratified all her Courts Generall provinciall and presbiteriall Assemblies Church Sessionâ—… the Juâ—…sdiction Discipline thero â—…s declared to be just good godly in it self in all time coming not â—…anding of whatsoever sâ—…atutes acts canons â—…vilier municipâ—…ll lawes made in the contrare All acts fomerly made for establishing the Popes authority are abolished It is likeways declared that the 129. act Anno 1584. anent the Kings Supremacy against declining of the King his Councill in Church maters shall be no wayes prejudâ—…iall nor derâ—…gate any thing to the previledge that God hath given to the sâ—…rituall office-bearers in the kâ—…k concerning heads of Religion maters of heresy Excommunication collation or deprivation of Ministers or any such like 〈◊〉 â—…all censures specially grounded having warrant of the word of God Item they abrogate annull that act of parl 1584. which did grant Commission to Bishops other Iudges constitute iâ—… Ecclesiasticaell causes to receive his Highness presentations to benefices to give collation there upon to put order to all causes Ecclesiasticall And they ordaine that all presentations to Benefices be directed to the particular Presbiteries in all time coming with full power to give Collation thereupon to putt order to all maters causes Ecclesiasticall within their bounds according to the Discipline of the Kirk Thus did the Lord cary on his work unto this period notwithstanding of much opposition which was made thereunto by men of corrupt principles wicked lives who loved not to part with the Church rents the sweet morsell which they desired alwayes to enjoy now is the Churâ—…h there become a shineing Church being reformed both in Doctrine in Discipline now is she become a pleasant vineyaird well dressed hedged about defended from the wilde boars of the forrest King Iames himself was convinced of this when he gave this reason to an English divine why that Church was not troubled with heresie viz because if it spring up in a parish there is an Eldership there to take notice of it suppresse it if it be too strong for theÌ„ the psesbitery is ready to crush it if the presbitery cannot provide against the obstinate heshall finde moe witty he ads in the Synod if he be not convinced there the Generall Assembly will not spare him yea seldome or never did any errour trouble all those Courts for usually it was crushed by presbiteries except what some Bishops did maintaine And thus that Church was indeed as an army with banners terrible to the adversaries of the truth Then were there endevours to have a through worke of Reformation caried on the iniquities of the land were searched out corruptions in Ministers other ranks of people were taken notice of effectuall courses were laid down for preventing such abuses in time coming Publick Fasts were indicted keeped whole eight dayes together And thus the Lord created upon every dwelling place of Mount Zion upon her Assemblies a cloud smoak by day the shineing of a flaming fire by night for upon all the glory was a defence Isai. 4. 5. But this faire Summer Suneshine did not long last The infinitely wise God saw it sitt to bring that Church unto a wilderness againe to cause her meet with a dark dreadfull long lasting winter night Satan stirreth up Papists upon the one hand who saw that if this hedg of discipline were keeped up they could not enjoy the liberty peace they desired prophane politicians Courteours upon the other hand who saw that by this Discipline their licentiousnes would be curbed to bestirre themselves against this established discipline And accordingly they use their power with the King at length prevaile to get him to oppose the discipline to prosecute that designe piece piece till at length Prelats were established in all their power as the following discourse will clearly evince When Anno 1596. the Popish Lords who had conspired with Spaine against the countrey and had been upon that acount banished viz Huntly Arrol Angus were called home the Church saw Religion in danger ordained that particular flocks should be advertised hereof indicted a Fast appointed that some out of each Presbitery should concurre with the Presbitery of Edenburgh in considering of the most expedient way for securing of Religion and now because the Church would not consent unto the Kings calling home those popish Lords he is stirred up by his popish Courteours against the Church incroacheth dayly more more upon her liberties For Mr D. Black minister at St Andr. is cited before the Councill for some alledged expressions in his sermon The ministry seeing that the spirituall Governement of the house of God was intended to be quite subverted thought it best that he give in a Declinatour there in shew that though he was able to defend all that he spoke yet seing his answering to that accusation before them might import a prejudice to the liberties of the Church be taken for an acknowledgement of his Maj jurisdiction in maters meerly spirituall he was constrained to decline that Judicatorie 1. because the Lord Jesus had given to him his word for a Rule so he could not fall under any civill law but in so farr as he should be found after triall to have passed from his Instructions which triall belongeth
calling for God giveth no command to do evill nor to tyrannize He is not God's vicegerent when he playeth the tyrant therefore he may be resisted opposed without any violence done to the office or ordinance of God As the King's messinger may be resisted withstood when he crosseth his commission warrand without any wrong done to the office or to the King Every disobedience in things sinfull is not a resisting of the ordinance of God The office may be owned the person in the office honoured esteemed as he ought when yet his unjust violence may be resisted his sinfull commands disobeyed for it is onely powers that are ordained of God that must not be resisted tyrants or Magistrats turning tyrants and exerceing tyranny cannot be called the ordinance of God though the office abstracted from the tyranny be the ordinance of God And there is no hazard of damnation for refuseing to obey unjust lawes but rather hazard of damnation in willingly following after the command And so there is no danger in resisting such Acts of tyranny for tyrants exerceing tyranny are no terrour to evil doers But on the contrary they are a terrour to good works therefore that place Rom. 13. cannot be understood of tyrants It is a true a worthy saying of famous Mr Knox in his history of Soâ—…land Lib. 2. pag. 141. There is a great difference betwixt the authority which is Gods ordinance the persons of those who are placed in authority The authority God's ordinance can never do wrong but the corrupt person placed in authority may offend So that the King as king is one thing the king Acting tyranny is another thing They plead not for rebelling against the office or resisting that which is God's ordinance They did never intend to destroy Magistracy or to lessen the Kings Maj. just power lawfull authority or to wrong the office in the least And therefore all the arguments of their adversaries taken from Rom 13. or the like places which speak against withstanding opposeing of the office divine appoyntment of God are of no force against them their cause Tyranny is one thing the office of the King is another thing And what arguments speak well against resisting the office or the person duely legally dischargeing the duties belonging to that office will not conclude against resisting of tyranny So that all the arguments taken from Numb 16. Exod. 22 28. Eccles. 10 20. 8 2 3 4 Prov. 17 26. And the like places do not speak home to their case 2. There is also a great difference betwixt riseing up in armes without any just lawfull ground or for trissles or matters of small moment as for the exacting of some more tribute then is due by the law or the like riseing up in armes in extreme necessity when religion lawes lives liberties all that was dear to them as men as christians were in hazard and this was their case for the king came with an army upon them blocked them up both by sea land thus with forraigners was seeking to subdue them so to overturne religion lawes liberties all was not this extream necessity What more imminent danger could be expected then an army of bloody papists bent to prosecute their bloody designes coming with fire sword encouraged by a commission from the king so approaching their very borders Was there not then a necessity an extreme inevitable necessity to rise up in armes for the saiftie of religion lawes lives liberties when all was thus in most imminent danger Should the Parliament the whole body of the land give up unto the lust of these bloody irish popish prelaticall malignant enemies their own lives the lives of their wives children their liberties as men as christians Should they sell religion the land their soulls their consciences unto those men because for sooth they had a commission from the King there is no reason in the world for this Therefore seing there is nothing more dear to people then their religion their lives their liberties a warre raised in the defence of these cannot be accounted a warre raised upon trissles or sedition faction or mutiny but a necessary defensive warre not raised upon privat injuries discontents But upon matters of the greatest importance necessity viz to prevent the extirpation of religion the subversion of lawes liberties the destruction of lives all Cicero de officis lib. 2. can tell us that omnium societatum nulla est gratior mella carior quam ea quae cum republica est nui cuique nosirum cari sunt parentes cariliberi propiâ—…qui familiares sed omnes omnium caritates patria una complex a est pro qua quis bonus dubitat mortem oppetere si ei sit profuturus 3. There is also a difference betuixt a war raised of purpose to force the supreme Magistrat to be of the same religion with the subject or else to dethrone him and a war raised to defend that religion which both Magistrat subject owneth Betuixt a war raised in defence of that religion which hath never been established by the lawes of the land and a war raised in defence of that religion which is publickly owned by the lawes of the land which King subject both are sworne to maintaine which by the lawes becometh a civill right a part of the civill liberty of the subject Whatever may by said against a war raised in the former case yet in this last case a war defensive is most warrantable and this was the very case of Scotland for they were seeking to defend the religion which was established by the lawes of the land which popish prelaticall malignants were seeking to overturn So that any argument which adversaries can bring from the practice of the primitive christians will conclude nothing against them because the true religion was not then established by law the emperours had never consented therunto but it was otherwise in Scotland as hath been abundantly shown Sect. 1. 2. 4. There is also a difference betuixt a violent laying of hands upon the person of the King of purpose to destroy cut him off or to denude him of his just power privilege that in cold blood too by privat persons for some personall injuries This they abhore ever have abhored and betuixt a sinlesse self defence when unjustly assaulted by armies sent by the King to destroy cut them off In pleading for a sinlesse self defence they do not plead for an illegall taking away of the life of a King Their raising of forces in their own sinlesse self defence cannot be condemned there being an actuall invasion made upon their lives liberties which made their war to be tutela vitae proxima the last refuge for the life the only remedie
admonish one another Rom. 15 13. Presse or urge a thing upon the minde of another so instruct them aright as children are instructed this sayeth they must often be together for this end 9. They must teach and admonish one another in psalms and hymnes and spirituall songs Col 3 16. can this be done unlesse they assemble together 7. They must be kinde or profitable one to another Ephes. 4. last this sayeth they must not be strangers to other 8. They must serve one another in love Gal. 5. 13. that is they should spend themselves for one another for their spirituall advantage that in love should they not then assemble together 9. They must receive one another Rom. 15 7. that is receive with affection imbrace one another And must they then scarre at the company of one another And not rather receive other into their intimate fellowship 10. They must be subject one to another Ephes. 5 21. 1 Pet. 5 5. every one ready to give to take reproofs to from another to do service to other as called thereto this sayeth they must not live as strangers to other 11. They must confesse their sinnes to one another and pray for another Iam. 5 16. 12. They must ministere their gifts to one another 1 Pet. 4 v. 10. Obj. It will be objected that this is sedition opposeing of established lawes made for the good of the common wealth against such conventicles therefore such controvâ—…ers cannot be justified Ans. It is not for fear of any disturbance to the peace of the common wealth that such Acts are made for a few women who in all likelihood are able to do little that way may not meet together 2. The heathens did pretend this when they made lawes against the meetings of the primitive Christians And therefore their meetings were called Factions And conventicles And yet the primitive Christians did not forsake the assembling of themselves together notwithstanding of all these edicts albeit that severall times they were put to suffer upon that account seâ—… this fully made out by the learned Mr Stilling fleet in his Origines sacrâ—… Lib. 2 cap. 9. Pag. 316. c. And who then will condemne these Zealous Christians now for so doing SECTION XIX The unlawfulnesse of compeering before the high Commission Court demonstrated TO the end that the forementioned persecution of the saints servants of God might be the better carryed on There is a high commission court erected consisting of the two arch prelats some other prelats of some noble men some Magistrats of brughs some souldiers others And this number or any five of them a prelate being alwayes one of the five have power granted to them from the King who appoynteth them by vertue of his prerogative royall supremacy over all persons in all causes ecclesiastiek as was shown above Sect. 12. To suspend deprive excommunicate as also to punish by fineing consineing committing incarcerating all keepers of conventicles all Ministers who contrare to the lawes acts of Parliament councell remaine or introduce themselves upon the exercise of the function of the Ministery in those parishes bounds inhibited by those acts all preachers who come from England Irland without sufficient testimonialls or leave of the Bishops of their dioceses all such persons who keep meetings fasts at the administration of the sacrament of the Lord's supper which are not approven by authority All who speak preach write or printe to the scandall reproach detriment of the Estate or government of the Church Kingdom as it is now established All who contemne molest injure ministers who are orderly setled All who do not ordinarily attend divine worship administration of the word sacraments performed in their respective parishes by ministers legally authorized for taking the cure of these parishes All such who without any lawfull calling as bussy bodies goe about houses places for corrupting disaffecting people from their alleagiance respect obedience to the lawes And generally without any prejudice to the particulars specified all who expresse their dissaâ—…sfaction to his Maj. authority by contraveening the acts of Parliament Councell in relation to Church affaires etc. This court appeareth terrible unto the godly for the persecution of whom of none else no not the most flagitious prophane it is erected seemeth to be as a new court of inquisition But that which is more lamentable is this That there lyeth hid here a dreadfull snare for tender consciences For it is such a court as tender hearted Christians cannot but scruple to acknowledge or compeer before without a declinature the giving in of which would be accounted laese Majesty therefore in such a case such as resolved to keep a good conscience in this day of tryall defection saw a necessity of withdrawing of not compeering at their summonds even though they might have pleaded them selves innocent of any crime laid to their charge Now if any would desire to know the reasons why such a court cannot in conscience be owned acknowledged or submitted unto as a lawfull judicature let him consider these particulars lay them together he shall see clear reason for either declineing or withdrawing 1. This is a judicature meddling with censures purely ecclesiastick such as suspension deposition of Ministers excommunication both of Ministers people therefore must be acknowledged to be a Church judicature Now there is no warrand for any such Church judicature in all the new testament nor is there any precedent of the like to be found in the Gospell Christians must acknowledge no Church judicature but what hath a speciall warrand from Christ's law testament 2. This is a Church judicature having its rise power commission only from the King the King granteth this power to this Commission authorizeth this court by vertue of his royall prerogative over all persons and in all causes as well ecclesiasticke as civil So that none can acknowledge this court but withall they must acknowledge the Kings prerogative royall supremacy in all causes over all persons particularly they must acknowledge that pure proper church power doth properly reside in the person of the supreme Magistrat that he hath proper power to suspend depose ministers also to excommunicate so hath power to Commiâ—…sionat any of his subjects he thinketh good for that effect But what presbyterian yea what sound protestant who is not devoted to Erasius's Antichristian notions will or can acknowledge this 3. In this judicature civil persons as such viz. the Chancellour Thesaâ—…rer duk Hammilton Marquis of Montrose Earles Lords others who are no Church officers have power in Church matters viz to suspend depose excommunicate But this is against all the Discipline lawes of Christ's house for Christ will have the affaires of his house governed by