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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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moe particular ●●ocks condemned by this Act. 3. They framed the question in this manner to strike a terror of a fearfull perjurie upon the weak Consciences of these who could not discerne rightly either the quality of the Oath or the matter thereof to make them more plyable to their Rebellious projects perswading them that the swearers themselves and all their posteritie were bound to the observation of that Oath according to their false interpretation notwithstanding of any interveening Law or Constitution absolving them from it and that this fearfull perjurie could never be expiated except they renewed their Oath to that Covenant together with their false Applications and perverse interpretations farre different yea flat contrary to their meaning who framed the Confession of Faith and injoyned the Oath which as we shall shew is but an Imaginarie fear It had been more plaine dealing and fitter to have removed all doubts if they had proposed the Question more simply and in more perspicuous termes asking Whether the Office of a Bishop be lawfull in it self or not for if it had been solidly proven by Gods Word to be unlawfull then it had been evident also that the Oath whereby it was abjured was lawfull and no man could have doubted but that Oath did bind both the Actuall swearers and all their posterity to the observation thereof but if it had been found by cleer Scripture that the Office of a Bishop had been lawfull then no man could have doubted but the Oath whereby they did abjure it was unlawfull and therefore that no man was bound to the observation thereof but by the contrary all were bound in Conscience to break such an Oath or if it had been found of middle nature neither simply unlawfull nor necessarily lawfull at all times but a thing indifferent in the power of the Church and Supreme Magistrate to make a Law either establishing or abolishing the same who might also require an Oath of all to observe that Law then certainly no man could have doubted but that so long as that positive Law stood in force that Oath did bind all Subjects to the observation of it as likewise that the Law being abolished by lawfull Authoritie no man was further bound but was ipso facto absolved from the Oath So the Question being propounded in this manner and resolved any other wayes it had cleered all doubts and moved all to be of One mind and one heart but being propounded in their manner no resolution did take away all doubts as they promised to doe by this Act but rather did multiplie them and make them greater For albeit it had been cleered that Episcopacie had been abjured by the Oath of the Covenant which notwithstanding is not done yet a greater doubt remained whether that Abjuration was lawfull or not which could not be resolved except it had been first made manifest that Episcopacie was unlawfull in it self by Gods Word Yet that we may follow them in their own method and reason upon their own grounds we shall leave at this time the probations which may be brought for the office of a Bishop from Gods Word and practice of the Primitive Church which hath been sufficiently performed by divers learned Divines to the which the best of that Sect could never sufficiently answer Taking then the Question as it is set downe by them there are two points which they onely here condemne in that office first that they have charge over moe Parishes than one secondly that they have power and preheminencie over their Brethren we shall make it therefore evident 1. That by the Confession of Faith Books of Discipline Acts of Generall Assemblies and long continued practice of the Church of Scotland at the reformation and many yeers after this preheminence and power of one Pastor over others and charge over moe parishes than one hath been acknowledged to be lawfull Secondly we shall shew that none of those passages brought by them at length in the Act it self which doubtlesse were the strongest they could find forth of the abjuration in the Covenant books of Discipline and Acts of former generall assemblies doe prove their conclusion but that all of them are either falsly or impertinently cited farre by or contrary to the meaning of the Authors and therefore that all of them are Sophystically alleaged CHAP. V. That this preheminence and power of Bishops here questioned is conforme to the true Confession of Faith of the Church of Scotland to the first Book of Discipline and the long continued practice of the Church FIrst we must observe that there are two Confessions of Faith so called in the Church of Scotland as we have remarked before to wit that large Confession established at the first reformation framed by Iohn Knox and other faithfull Ministers Anno 1560. Confirmed by divers generall Assemblies received by the whole body of the Kingdome ratified by Act of Parliament 1567. and inserted in the body of the Act which is the only proper Confession of the Church of Scotland containing all the positive grounds of the Reformed Religion especially in matters of Faith controverted betwixt us and the Papists and other Hereticks the other called commonly the Negative Confession which is not properly a perfe●t Confession but an Appendix of the former framed not by any Ordinance of the Assemblie of the Church but by the appointment of the Kings Majestie and Councell first sworn and subscribed by the Kings Majestie himself and his houshold then by an Act of Councell dated the 5. of March 1580. It was ordained that all persons within the Kingdome should swear the same and for more commodious doing thereof it was presented by his Majesties Commissioners to the Assemblie holden at Glasgow 1581. that they might approve it and injoyne every Minister to see the Oath taken by all their Parishioners and it did containe an abjuration of most speciall grosse errors of Poperie the same abju●ation was againe commanded by the King to be renewed in the year 1590. when as that Conspiracie of some Papists trafficking with the King of Spaine was discovered having annexed thereto a generall band or Covenant whereby all the Subjects bindes themselves with the Kings Majestie for maintenance of true Religion according to the Confession of Faith set down at the first reformation and for the defence of the Kings Majesties person Authoritie and estate against all Enemies within and without the Kingdome to the end that true professors and his Majesties loyall Subjects might more easily be discerned from hypocriticall Papists and seditious Rebells Now as for that onely perfect Confession there is no clause nor Article therein which either expresly or by any probable consequence condemneth this power and preheminencie here controverted neither have they been so bold as to alleage any passage out of the same nor was it the meaning of those godly and learned persons who set it down and proposed it to be received by the Church and Kingdome of Scotland nor
to all their doubts and that the posteritie afterward may be fully perswaded of the true meaning thereof after earnest calling upon the Name of God so religiously ●●tested in the said Confession have entred into a diligent search of the Registers of the Kirk and books of the Generall Assembly which the greatest part of the Assembli●● had not 〈◊〉 before and which by the speciall providence of God were ●reserved brought to their hands and publikly acknowledged to be authentick and have found that in the l●ter Confession of the Kirk of Scotland We professe 1. That we detest ●ll Traditions brought into the Kirk without or against the Word of God and Doctrine of this reformed Kirk Next We abhorre and detest all contrary Religion and Doctrine but chiefly all kind of Papistry in generall and part 〈◊〉 heads as they were then damned and 〈◊〉 by the Word of God and Kirk of 〈…〉 when the said Confession was sworn and subscribed Anno 1580. 1581. 1590. 1591. Thirdly That we detest 〈…〉 Antichrist his worldly Monarchie and wi●●ed Hierchie● Fourthly That we joyne 〈◊〉 selves to this reformed Kirk in Doctrine Faith Religion and Discipline promising and swearing by the great Name of God that we shall continue in the doctrine and discipline of this Kirk and defend the same according to Vocation and Power all the dayes of our life But so it is that Episcopall government is abhorred and detested and the Government by Ministers and Elders in Assemblies Generall and Provinciall and Presbyteries was sworn to and subscribed in subscribing that Confession and ought to be holden by Vs if we adhere to the meaning of the Kirk when that Confession was framed sword to and subscribed unto which we are obliged by the Nationall o●th and subscription of this Kirk as is evident by the Acts of Generall Assemblies agreed upon both before 〈…〉 after the swearing and subscribing of the said Confessions in the yeare above mentioned and the book of Policie agreed upon in the Assemblie which was holden at Edinburgh the ●4 of Aprill and 24. of October Anno 1578. 〈◊〉 in the Register of the Kirk by Ordinance of the Assemblie holden as Glasgow 1581. and to be subscribed by all Ministers that then did bear or thereafter were to bear office in this Kirk by ordinance of the Assemblis holden the 4. of August at Edinburgh 1500. and at Edinburgh the 2. of Iuly 1591. but specially in the 2. 3. 4. 6. 7. and 11. Chapters of the said Book The Bishops being tollerate from the year 1572. till the Assembly holden in August 1575. And all this time the Assembly being wearied with the Complaints made against them did enter in search of the office it self and did agree in this that the name of a Bishop is common to every one of them that hath a particular flock over which he hath a particular charge as well to preach the Word as to minister the Sacraments At the next Assembly which was holden in Aprill 1576. such Bishops were censured us had not taken them to a particular flock in the generall Assemblie conveened in April the year of God 1578. Sess. 4. Intimation was 〈◊〉 as followeth For so much as the heads of the Policie being concluded and agreed upon in the lust Assemblie by the most part of the Brethren certaine of the Brethren had some difficultie in the head de Diacon●t● whereupon further reasoning was reserved to this Assemblie It is therefore required if any of the Brethren have any reasonable doubt or argument to propone that he be ready the morrow and then shall be heard and resolved In the 6. Sess. April 26. According to the Ordinance made the day before all persons that had any doubt or argument to propone were required to propone the same But none offered to propone any argument on the contrary In the Assembly holden at Edinburgh in October 1578. It was shown● by the Moderator thereof to the Noble who were present viz. My Lord Chancellor the Earle of 〈◊〉 my Lord Seat●n and my Lord Lind●ey What care and 〈◊〉 die the Assemblie had taken to entertaine and keep the puritie of the sincere Word of God unmixed with the inventions of their own heads and to preserve it to the posteritie hereafter and seeing that the true Religion is not able to continue not enduce king without a good discipline and policie in that part also have they imployed their wit and studie and drawn forth out of the pure fountaine of Gods Word such a Discipline as is meet to remain in the Kirk In the same Assemblie the speciall Corruptions were set down which they craved such of the Bishops as would submit themselves to the Assemblie to remove with pr●mise that if the generall Assemblie hereafter shall find further corruptions in the said Estate then hitherto are expressed that they be content to be reformed by the said Assemblie according to the Word of God when they shall be required thereto First That they be content to be Pastors and Ministers of one flock that they usurpe no criminall Iurisdiction that they vote not in Parliament in the Name of the Kirk that they take not up for the maintenance of their Ambition and Riotousnesse the Emoluments of the Kirk which may susteine many Pastors the Schools and the poore but be content with reasonable Livings according to their office that they claime not to themselves the titles of Lords Temporall neither usurpe temporall Iurisdictions whereby they are abstracted from their office that they empyre not above the particular Elder-ships but be subject to the same that they usurpe not the power of the Presbyteries The Question being propounded by the Synod of Lowthian in the Assembly holden in Iuly 1579. a●ent a generall order to be taken for the erecting of Presbyteries in places where publike exercise is used untill the time the Policie of the Kirk be established by a Law It is answered The exercise may be judged to be a Presbyterie In the Assemblie holden at Dundie in Iuly 1580. Sess. 4. The office of a Bishop was abolished by a particular Act as appeareth by the tenor of the Act following For so much as the office of a Bishop as it is now used and commonly taken within this Realm hath no sure warrant Authoritie nor good ground in the Scriptures but is brought in by the folly and corruption of mans inventions to the great overthrow of the Kirk of God the whole Assemblie of the Kirk in one voyce after libertie given to all men to reason in the matter none opponing himself in defending the said pretended office findeth and declareth the said pretended office used and termed as is abovesaid unlawfull in it self as having neither fundament ground nor warrant in the Word of God And ordaineth that all such persons as brook or shall brook hereafter the said office shall be charged simply to dimit quit and leave off the same as an office whereunto they are not
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
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