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A69685 The Case of the Earl of Argyle, or, An Exact and full account of his trial, escape, and sentence wherein are insert the act of Parliament injoining the test, the confession of faith, the old act of the king's oath to be given at his coronation : with several other old acts, made for establishing the Protestant religion : as also several explications made of the test by the conformed clergy : with the secret councils explanation thereof : together with several papers of objections against the test, all framed and emitted by conformists : with the Bishop of Edinburgh's Vindication of the test, in answer thereunto : as likewise a relation of several matters of fact for better clearing of the said case : whereunto is added an appendix in answer to a late pamphlet called A vindication of His Majestie's government and judicatories in Scotland, especially with relation to the Earl of Argyle's process, in so far as concerns the Earl's trial. Stewart, James, Sir, 1635-1713.; Mackenzie, George, Sir, 1636-1691. Vindication of His Majesties government, and judicatories in Scotland. 1683 (1683) Wing C1066; ESTC R15874 208,604 158

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eternal and immutable decree of God from quhilk all our salvation springs and depends VIII Of Election FOR that same eternal God and Father who of meer grace elected us in Christ Jesus his son before the foundation of the World was laid appointed him to be our head our brother our pastor and great Bishop of our souls But because that the enmity betwixt the justice of God and our sins was sik that no flesh by it self could or might have attained unto God it behoved that the Son of God should descend unto us and take to himself a bodie of our bodie flesh of our flesh and bone of our bones and so become the Mediator betwixt God and man giving power to so many as believe in him to be the sons of God as himself does witness I passe up to my Father and to your Father to my God and to your God Be quhilk maist haly fraternity whatsoever we have tynt in Adam is restored unto us again And for this cause we are not afraid to call God our Father not sameikle because he has created us quhilk we have common with the reprobate as for that that he has given to us his only Son to be our brother and given unto us grace to acknowledge and imbrace him for our only Mediator as before is said it behoved farther the Messias and Redeemer to be very God and very man because he was to underly the punishment due for our transgressions and to prefent himself in the presence of his Fathers Iudgement as in our person to suffer for our transgression and inobedience by death to overcome him that was author of death But because the onely God-head could not fuffer death neither yet could the onely man-head overcome the samine he joyned both together in one person that the imbecillity of the ane should suffer and be subject to death quilk we had deserved And the infinite and invincible power of the other to wit of the goodhead should triumph and purchase to us life liberty and perpetual victory And so we confess and maist undoubtedly believe IX Of Christs Death Passion and Burial THAT our Lord Iesus offered himself a voluntary Sacrifice unto his Father for us that he suffered contradiction of sinners that he was wounded and plagued for our transgressions that he being the clean innocent Lamb of God was damned in the presence of ane earthly Iudg that we should be absolved before the tribunal seat of our God that he suffered not only the cruel death of the Cross quhilk was accursed by the sentence of God but also that he suffered for a season the wrath of his Father quhilk sinners had deserved But yet we avow that he remained the only well-beloved and blessed Son of his Father even in the midst of his anguish and torment quhilk he suffered in body and soul to make the full satisfaction for the sins of his people After the quhilk we confess and avow that there remains no other Sacrifice for sin quhilk if any affirm we nothing doubt to avow that they are blasphemous against Christs death and the everlasting purgation and satisfaction purchased to us by the same X. Of his Resurrection WE undoubtedly believe that in samiekle as it was impossible that the dolours of death should retain in bondage the Author of life that our LORD JESUS crucified dead and buried who descended into hell did rise again for our justification and destroying him who was the Author of death brought life again to us that were subject to death and to the bondage of the same We know that his Resurrection was confirmed by the testimony of his very enemies by the Resurrection of the dead whose Sepulchres did open and they did rise and appeared to many within the City Jerusalem It was also confirmed by the testimony of his Angels and by the senses and judgments of his Apostles and of others who had conversation and did eat and drink with him after his Resurrection XI Of his Ascension WE nothing doubt but the self-same body quhilk was born of the Virgin was crucifyed dead and buried and quhilk did rise again did ascend into the heavens for the accomplishment of all things where in our names and for our comfort he has received all power in heaven and earth where he sits at the right hand of the Father inaugurate ‑ in his Kingdom Advocate and onely Mediator for us Quhilk Glory Honour and Prerogative he alone among the brethren sall possess till that all his Enemies be made his fotostool as that we undoubtedly believe they sall be in the finall judgement To the execution whereof we certainly beleive that the same our Lord Iesus sall as visibly return as that he was seen to ascend And then we firmly believe that the time of refreshing and restitution of all things sall come in samiekle that they that fra the beginning have suffered violence injury and wrong for righteousness sake sall inherit that blessed immortality promised fra the beginning But contrariwise the stubborn inobedient cruell oppressours filthy persons idolaters and all such sorts of unfaithfull sall be cast into the dungeon of utter darkness where the worm sall not die neither yet their fire sall be extinguished The remembrance of quhilk day and of the judgement to be executed in the same is not onely to us a bridle whereby our carnal lusts are refrained but also such inesteemabe comfort that neither may the threatning of Worldly Princes neither yet the fear of temporal death and present danger move us to renounce and forsake that blessed society which we the members have with our Head and only Mediator Christ Iesus whom we confess and avow to be the Messias promised the only head of his Kirk our just Lawgiver our only high Priest Advocate and Mediator In which Honours and Offices if Manor Angel presume to intrude themselves we utterly detest and abhor them as blasphemous to our Soveraign and Supreme Governour Christ Iesus XII Of Faith in the Holy Ghost THis our Faith and the assurance of the same proceeds not from flesh and blood that is to say from no natural powers within us but is the inspiration of the Holy Ghost Whom we confess God equal with the Father and with the Son who sanctifies us and brings us in all verity by his own operation without whom we should remain for ever enemies to God and ignorant of his Son Christ Jesus For of nature we are so dead so blind and so perverse that neither can we feel when we are pricked see the light when it shines nor assent to the will of God when it is revealed unless the Spirit of the Lord Jesus quicken that which is dead remove the darkness from our minds and bow our stubborn hearts to the obedience of his blessed will And so as we confess that God the Father created us when we were not As his Son our Lord Iesus redeemed us when we were enemies to
Arms all Collectors Sub Collectors and Fermers of His Majesties Customes and Excise all Magistrats Deans of Gild Councellors and Clerks of Boroughs Royal Regality all Deacons of trades and De●con-conveeners in the said Burghs all Masters and Doctors in Universities Colledges or Schools all Chaplans in families Pedagogues to children and all Officers and Soldiers in Armies Forts or Militia And all other persons in any publick Trust or office within this Kingdom who shall publickly swear and subscribe the said Oath as follows viz. Archbishops Chief Commanders of the Forces and Officers of the Crown and State and Councellors before the Secret Council all the Lords of Session and all members of the Colledg of Justice and others depending upon them before the Lords of Session the Lords of lustitiary and all these depending upon that Court in the Iustice-Court the Lords and other Members of the Exchequer before the exchequer all Bishops before the Archibishops all the Inferior Clergy Commisaries Masters Doctors of Universities Schools Chaiplans Pedagogues before the Bishops of the respective Diocesses Sheriffs Stewards Baylies of Royalty and Regality and these depending on these Iurisdictions before their respective Courts all Provosts Baylies and others of the Boroughs before the Town-Council all Collectors and Fermers of the Kings Customs and Excise before the Exchequer the Commissioners of the Borders before the Privy-Council all Iustices of the Peace before the Conveeners and the Officers of the Mint before the General of the Mint and the Officers of the Forces before the Commander in chief and common Soldiers before their respective Officers The Lyon before the Privy Council and Heraulds Pursevants and Messengers at Arms before the Lyon And His Majesty with consent foresaid Statutes and ordains that all these who presently possess and enjoy any of the foresaid offices publick Trusts and Imployments shall take and subscribe the following Oath in one of the foresaid Offices in manner before prescribed betwixt and the first of January next which is to be recorded in the Registers of the respective Courts and extracts thereof under the Clerks hand to be reported to His Majesties Privy-Council betwixt and the first of March 1682. and hereafter in any other Courts whereof they are Iudges or Members the first time they shall sit or exercise in any of these respective Courts and ordains That all who shall hereafter be promoted to or imployed in any of the foresaid Offices Trusts or Imployments shall at their entry into and before their exercising thereof take and subscribe the said Oath in manner foresaid to be recorded in the Registers of their respective Courts and reported to His Majesties Privy Council within the space of fourty days after their taking of the same And if any shall presume to exercise any of the faid offices or Imployments or any publick Office or Trust within this Kingdom the Kings Brothers and Sons only excepted until they take the Oath foresaid and subscribe the same to be recorded in the Registers of the respective Courts they shall be declared incapable of all publick trust thereafter and be further punished with the loss of their moveables and liferent-escheats the one half whereof is to be given to the Informer and the other half to belong to his Majesty and his Majesty with advice foresaid recommends to his Privy-Council to see this Act put to due and vigorous execution The TEST Containing the Oath to be taken by all Persons in publick Trust. I Solemnly swear in the presence of the eternal God whom I invoke as Judge and witnesse of the sincere intention of this my Oath That I own and sincerely profess the true Protestant Religion contained in the Confession of Faith recorded in the first Parliament of King James the VI and that I believe the same to be founded on and agreeable to the written Word of God And I promise and swear That I shall adhere thereunto during all the dayes of my life-time and shall endeavour to educate my Children therein And shall never consent to any change or alteration contrary thereto and that I disoun and renounce all such Principles Doctrines or practices whether Popish or Fanatical which are contrare unto and inconsistent with the said Protestant Religion and Confession of Faith And for testification of my obedience ●o my most gracious Soveraign Charles the II. I do affirm and swear by this my solemn Oath that the Kings Majesty is the only Supreme Governour of this Realm over all persons and in all causes as well ecclesiastical as civil And that no forreign Prince Person Pope Prelate State or Potentate hath or ought to have any Jurisdiction Power Superiority Preheminency or Authority Ecclesiastical or Civil within this Realm And therefore I do utterly renounce and forsake all foreign Jurisdictions Powers Superiorities and Authorities And do promise that from henceforth I shall bear Faith and true Allegiance to the Kings Majesty his Heirs and lawful Successors and to my power shall assist and defend all Rights Jurisdictions Prerogatives Priviledges Preferments and Authorities belonging to the Kings Majesty his Heirs and lawful Successors And I further affirm and swear by this my solemn Oath That I judge it unlawful for Subjects upon pretence of Reformation or any other pretence whatsoever to enter into Covenants or Leagues or to convocar conveen or assemble in any Councils Conventions or Assemblies to treat consult or determine in any matter of State Civil or Ecclesiastick without his Majesties special command or express licence had thereto or to take up arms against the King or these Commissionate by him And that I shall never so rise in arms or enter into such Covenants or Assemblies And that there lies no obligation on me from the National Covenant or the Solemn League and Covenant commonly so called or any other manner of way whatsoever to endeavour any change or alteration in the Government either in Church or State as it is now established by the Laws of this Kingdom And I promise and swear That I shall with my utmost power defend assist and maintain his Majesties Jurisdiction foresaid against all deadly And I shall never decline his Majesties Power and Jurisdiction as I shall answer to God And finally I affirm and swear That this my solemn Oath is given in the plain genuine sense and meaning of the words without any equivocation mental reservation or any manner of evasion whatsoever and that I shall not accept or use any dispensation from any creature whatsoever So help me God Act J. 6. P. 1. C. 3. Anno 1567. Anent the annulling of the Acts of Parliament made against God His Word and for maintainance of Idolatrie in any tymes bypast ITem our Soveraigne Lord with advice of his dearest Regent and three Estates of this present Parliament ratifies and approves the Act under-written made in the Parliament holden at Edinburgh the 24. day of August the year of God an● thousand five hundred threescore years And
certainly no man of sober sense will think that it is fit to insinuate that so high a judicature might have authorized or acquiescedin such Explanations as the Liedges thereafter should be entrapped to have used If the Pannel had officiously or ultr●neously offered a sense or Explanation of His Majesties Laws which the Laws themselves could not have born it might justly have been alledged that he was extraordinem and medling in a matter he was not concerned in but where the Act of Council did enjoyn and he was required and cited to that effect It could neither be constructed as ostentation or to move or encourage Scruples or Resistance but it was absolutely necessary either for to have refused the Test or else to have declared what he thought to be the true and genuine meaning of it And there being so many objections publikly moved and known his Explanation was nothing else but to clear That he did not look upon these Scruples and Objections moved by others as well founded and rational in themselves and therefore he was able to take the Test in that sense the Council had heard or allowed And it is not controverted that the sense of the Legislator is the genuine sense both of Laws and Oaths And if a person were only interpreting the meaning of either a Law or an Oath imposed he should deprave and misconstruct the Law and Oath if he rendered it wittingly and willingly in terms inconsistent with the meaning of the imposer But there is a great difference betwixt taking of Oaths and interpreting Oaths For when a man comes to take an Oath except his particular sense did agree with the genuine meaning of the imposer he cannot take that Oath tho he may very well interpret and declare what is the sense of the Legislator which he may know and yet perhaps not be able to take the Oath And therefore when there is any doubtfulness in an Oath and a party is bound to take it if then he gives in an Explication of the sense which he in his private judgment doth apprehend to be the genuine meaning if that private sense be disconform to the Legislators sense in the Oath then the Imposer of the Oath or he that has power to offer it to the party if he consider the parties sense disconform he ought to reject the Oath as not fulfilling the intent of the Law imposing it But it is impossible to state that as a Crime That a party should neither believe what is proposed in the Oath nor be able to take it And he can run no farther hazard but the penalty imposed upon the Refuser And therefore in all Oaths there must be a concourse both of the sense imposed by Authority and of the private Sense Iudgment or Conscience of the party And therefore if a party should take an Oath in the Sense proposed by Authority contrary to his own sense he were perjured whereby it is evident that the sense of Authority is not sufficient without the acquiescence and consent of the private person And therefore it is very strange why that part of the Pannel's Explanation should be challenged that he takes it in his own Sense the posterior words making it as plain as the light that that sense of his own is not what he pleases to make of the Oath for it bears expresly that no body can explain it but for himself and reconcile it as it is genuine and agrees in its own sense So that there must be a Reconciliation betwixt his own sense and the genuine sense which upon all hands is acknowledged to be the Sense of Authority And if the Pannel had been of these lax and debaucht Principles that he might have evaded the meaning and energy of the Oath by imposing upon it what sense he pleased certainly he would have contented himself in the general refuge of Equivocation or Mental Reservation and he would never have exposed his sense to the world in which he took this Oath whereby he became absolutely fixed and determined to the Oath in that particular sense and so had no latitude of shuffling off the Energy or Obligation of the Oath And it is likewise acknowledged That the Cases alledged in the Reply are true viz. That the person is guilty of Perjury si aliquo novo Commento he would elude his Oath or who doth not fulfil the Oath in the sense of the Imposer But that does not concern this Case For in the foresaid Citation a person after he has taken an Oath finding out some new conceit to elude it he is perjured but in this Case the Pannel did at and before his taking the Test declare the terms in which he understood it So that this was not nov● aliquo commento to elude it And the other Case where a party takes it in the sense of Authority but has some subterfuge or concealed Explanation it is acknowledged to be Perjury But in this Case there was no concealed Explanation but it was publikly exprest and an Explanation given which the Pannel designed and understood as the meaning of Authority and had ground to believe he was not mistaken since upon that Explanation he was received and allowed to sit and vote in Council And as to that part of the Reply that explains the Treason there can be no Treason in the Pannel's Case because the express Act of Parliament founded upon doth relate only to the Constitution of the Parliament And I am sure His Majesties Advocate cannot subsume in these terms And therefore in the Reply he recurs to the general Grounds of the Law That the usurping of His Majesties Authority in making a part of the Law and to make alterations in general and without the King are high and treasonable words or designs and such as the party pleases and such designs as have been practised in the late times And that even the adjection of fair and safe words as in the Covenant does not secure from treasonable Designs and that it was so found in Balmerino's Case tho it bear a fair Narrative of an humble Supplication It is replied That the usurpation of making of Laws is undoubtedly treasonable but no such thing can be pretended or subsumed in this Case For albeit the Pannel declares his Explanation to be a part of his Oath yet he never meaned to impose it as a part of the Law or that this Explanation should be a thing distinct or a separate part even of his Oath For his Explanation being but exegetik of the several parts of the Oath it is no distinct thing from the Oath but declared to be a part of the Oath de natura rei And it was never pretended That he that alledged any thing to be de natura rei did say That that was distinct and separate which were a Contradiction And therefore the Argument is retorted the Pannel having declared this Explanation was de natura rei implied in the Oath he necessarily made this