robs the Magistrate of the last appeale of â—iâ— Subjects THe second flows from this The last appeal ought to be the Supreame Magistrate or Magistrates within his or their Dominions as to the highest Power under God And where it is not so ordered the Common-wealth can injoy no tranquility â—s we shall see in the second part of this discourse By the Laws of England if any man find himself grieved with the sentence oâ— consistoriall proceedings of a Bishop or of his Officers he may appeal from the highest judicatory of the Church to the King iâ— Chancery who useth in that case to grant Commissions under the great Seal to Delegates expert in the Laws of the Realme whâ— have power to give him remedy and to see Justice done In Scotland this would be taken in great scorn as an high indignity upon the Commissioners of Christ to appeal from his Tribunal to the judgement of a mortal man In the year 1582. King Iames by his Letter by his Messenger the Master of Requests and by an Herald at Arms prohibited the Assembly at Saint Andrews to proceed in the case of one Mongomery and Mongomery himsâ—lf appealed to Caesar or to King and Councel What did our new Matters upon this They sleighted the Kings Letter his Messenger his Herald rejectâ—d the Appeal as made to an incompetent Judge and proceeded most violently in the cause About four years after this another Synod held at Saint Andrews proceeded in like manner against the Bishop of that Seâ— for Voting in Parliament according to his conscience and for being suspected to have penned a Declaration published by the King and Parliament at the end of the Statutes notwithstanding that he declined their judicature and appealed to the King and Parliament When did any Bishops dare to doe such acts There need no more instances their Book of Discipline it sâ—lf being so full in the case From the Kirk there is no reclamation or appellation to any Judge Civil or Ecclesiastical within the Realm CHAP. IV. That it exempts the Ministers from due Punishment THirdly If Ecclesiastick Persons in their Pulpits or Assemblies shall leave their Text and proper work to turn Incendiaries Trumpeters of sedition stirring up the people to tumults and disloyal attempts in all well-ordered Kingdoms and Commonwealths they are punishable by the Civil Magistrate whose proper office it is to take cognizance of Treason and Sedition It was well said by a King of France to some such seditious Sheba's That if they would not let him alone in their Pulpits he would send them to preach in another climate In the Vnited Provinces there want not examples of seditious Oratours who for controlling their Magistrates too sawcily in the Pulpit have been turned both out of their Churches and Cities without any fear of wresting Christs Scepter out of his hand In Geneva it self the correction of Ecclesiastical persons qua tales is expresly reserved to the Signiory So much our Disciplinarians have ouâ—-done their pattern as the passionate writings of heady men out-do the calmer decrees of a stayed Senate But the Ministers of Scotland have exempted themselves in this case from all secular judgement as King Iames who knew them best of any man living witnesseth They said He was an incompetent Iudge in such cases and that matters of the Pulpit ought to be exempted from the judgement and correction of Princes They themselves speak plain enough It is an absurd thing that sundry of them Commissaries having no function of the Kirk should be Iudges to Ministers and depose them from their rooms The reason holds as well against Magistrates as Commissaries To passe by the sawcy and seditious expressions of Mr Dury Mr Mellvill Mr Bâ—lcanquâ—ll and their impunity Mr Iames Gibson in his Sermon taxed the King for a Persecutor and threatned him with a curse that he should die childless and be the last of his race for which being convented before the Assembly and not appearing he was onely suspended during the pleasure of his brethren he should have been suspended indeed that is hanged But at another Assembly in August following upon his allâ—gation that his not appearing was out of his tender care of the Rights of the Church he was purged from his contumacy without once so much as acquainting his Majesty The case is famous of Mr David Blake Minister of St Andrews who had said in his Sermon That the King had discovered the treachery of his heart in admitting the Popish Lords into the Countrey That all Kings were the Devils barns that the Devil was in the Court and in the guiders of it And in his prayer for the Queen he used these words We must pray for her for fashion sake but we have no cause she will never do us any good He said that the Queen of England Queen Elizabeth was an Atheist that the Lords of the Session were miscreants and bribers that the Nobility were degenerated godless dissemblers and enemies to the Church that the Councel were holly glasses Cormorants and men of no Religion I appeal to all the Estates in Europe what punishment could be severe enough for such audacious virulence The English Ambassadour complains of it Blake is cited before the Councel The Commissioners of the Church plead That it will be ill taken to bring Ministers in question upon such trifling delations as inconsistent with the liberties of the Church They conclude that a Declinatour should be used and a Protestation made against those proceedings saying It was Gods cause wherein they ought to stand to all hazâ—rds Accordingly a Declinatour was framed and presented Blake desires to be remitted to the Presbytery as his Ordinary The Commissioners send the Copie of the Declinatour to all the Presbyteries requiring them for the greater corroboration of their doings to subscribe the same and to commend the cause in hand in their private and publick prayers to God using their best credit with their flocks for the maintenance thereof The King justly incensed herewith dischargeth the Commissioners Notwithstanding this Injunction they stay still and send Delegates to the King to represent the inconveniences that might ensue The King more desirous to decline their envy than they his judgement offers peace The Commissioners refuse it and present an insoâ—ent Petition which the King rejects deservedly and the cause was heard thâ— very day that the Princes Elizabeth now Queen of Bohemia wâ—s Christened The witnesses were produced Mr Robert Ponte in the name of the Church makes a Pretestation Blake presents a second Dâ—clinatour The Councel decree that the cause being treasonable is cognoscible before them The good King still seeks peace sends Messengers treats offers to remit but it is labour in vain The Ministers answer peremptorily by Mr Robert Bruce their Prolocutor That the liberty of Christs Kingdom had received such a wound by this usurpation of the Rights of the Church that if the lives of Mr Blake
Covenant issued out by the Kings Authority this Covenant without his Authority against his Authority that Covenant was for the Lawes of the Realm this is against the Lawes of the Realm that was to maintain the Religion established this to overthrow the Religion established But because I will not ground my Discourse upon any thing that is disputable either in matter of Right or Fact And in truth because I have no need of them I forgive them these advantages onely with this gentle memento That when other forraign Churches and the Church of Soctland it selfe as appeares by their publike Liturgy used in those dayes did sue for aid and assistance from the Crown and Kingdom of England they did not go about to obtrude their owne Discipline upon them but left them free to choose for themselves The grounds which follow are demonstrative First no man can dispose that by vow or otherwise either to God or man which is the right of a third person without his consent Neither can the inferiour oblige himself to the prejudice of his Superiour contrary to his duty without his Superiours allowance God accepts no such pretences to seem obsequious to him out of the undoubted right of another person Now the power of Armes and the defence of the Lawes and portection of the Subjects by those Armes is by the Law of England clearly invested in the Crowne And where the King is bound in conscience to protect the Subject is bound in conscience to assist Therefore every English Subject owes his Armes and his Obedience to his King and cannot dispose them as a free gift of his owne nor by any act of his whatsoever diminish his Soveraignes right over him but in those things wherein by Law he owes subjection to his Prince he remaineth still obliged notwithstanding any Vow or Covenant to the contrary especially when the subject and scope of the Covenant is against the konwn Lawes of the Realm So as without all manner of doubt no Divine or Learned Casuist in the world dissenting This Covenant is either void in it self or at least voided by his Majesties Proclamation prohibiting the taking of it and nullifying its obligation Secondly It is confessed by all men that that an Oath ought not to be the bound of iniquity nor doth oblige a transgressour The golden rule is in malis prâ—missis rescinde fidem in turpi voto muta decretum To observe a wicked engagement doubles the sinne Nothing can be the matter of a Vow or Covenant which is evidently unlawfull But it is evidently unlawfull for a Subject or Subjects to alter the Lawes established by force without the concurrence and against the commands of the Supreme Legislator for the introduction of a forraign Discipline This is the very matter and subject of the Covenant Subjects vow to God and swear one to another to change the Lawes of the Realm to abolish the Discipline of the Church and the Liturgy lawfully established by the Sword which was never committed to their hands by God or man without the King against the King which no man can deny in earnest to be plain rebelâ—ion And it is yet the worse that it is to the main prejudice of a third order of the Kingdom the taking away whose rights without their consents without making them satisfaction cannot be justified in point of conscience Yea though it were for the greater convenience of the Kingdom as is most falsely pretended And is harder measure than the Abbots and Friers received from Hanry the eight or than either Christians or Turkes do offer to their conquered enemies Lastly a supervenient oath or covenant either with God or man cannot take away the obligation of a just oath precedent But such is the Covenant a subsequent oath inconsistent with and destuructive to a precedent oath that is the oath of Supremacy which all the Church-men throughout the Kingdome all the Parliament men at their admission to the house all persons of quality throughout England have taken The former oath acknowledgeth the King to be the onely supreame head that is civill head to see that every man do his duty in his calling and Governour of the Church of England The second aoth or covenant to set up the Presbyterian Gouernment as it is in Scotland denieth all this virtually maks it a politicall papacy acknowledgeth no governors but onely the Presbyters The former oath gives the King the supream power over all persons in all causes The second oath gives him a power over all persons as they are subjects but none at all in Ecclesiasticall causes This they make to be sacriledge By all which it is most apparent that this Covenant was neither free nor deliberate nor valide nor lawfull nor consistent with our former oathes but inforced deceitfull invalid impious rebellious and contradictory to our former ingagements and consequently obligeth no man to performance but all men to repentance For the greater certainty whereof I appeale upon this stating of the case to all the learned Casuists and Divines in Europe touching the point of common right And that this is the true state of the case I appeal to our adversaries themselves No man that hath any spark of ingenuity will denie it No English-man who hath any tolerable degree of judgement or knowledge in the laws of his countrey can denie it but at the same instant his conscience must give him the lie They who plead for this rebellion dare not put it to a triall at law they doe not ground their defence upon the lawes but either upon their own groundlesse jealosie and fears of the Kings intention to introduce Popery to subvert the lawes and to enslaâ—e the people This is to run into a certain crime for fear of an uncertain They who intend to pick quarrels know how to feign suspicions Or they ground it upon the succâ—sse of their arms or upon the Soveraigne right of the people over all lawes and Magistrates whose Representatives they create themselves whilest the poor people sigh in corners and dare not say their soul is their own lamenting their former folly to have contributed so much to their own undoing Or lastly upon Religion the cause of God the worst plea of all the rest to make God accessary to their treasons murthers covetousnesse ambition Christ did never authorise Subjects to plant Christian Religion much lesse their own fancticall dreames or fantasticall devises in the blood of their Soveraigne and fellow subjects Speak out is it lawfull for Subjects to take up arms against their Prince meerly for Religion or is it not lawfull If ye say it is not lawfull ye condemn your selves for your Covenant testifieth to the world that ye have taken up armes meerly to alter Religion and that ye bear no Allegiance to your King but onely in order to Religion that is in plain terms to to your own humours and conceits If ye say it is lawfull ye justifie the Independents in England for
cumulative and onely auxiliary or assisting Besides the power which they call abusively authoritative but is indeed ministeriall of executing their decrees and contributing to their settlement they ascribe to the Magistrate concerning the Acts of Synods that which every private man hath a judgement of â—iscretion but they retain to themselves the judgement of Iurisdiction And if he judge not as they would have him but suspend out of conscience thâ— influence of his politicall power where they would have him exercise it they will either teach him another point of Popery that is an implicite faith or he may perchance â—eel the weight of their Church-censures and find quickly what manner of men they be as our late Gratious King Charles and before him his Father his Grandmother and his great Grandmother did all to their cost Then in plain English what is this politicall Power to call Synods to preside in Synods and to ratifie Synods which these good men give to the Magistrate and magnifie so much I shall tell the truth It is a duty which the Magistrate ows to the Kirk when they think necessary to have a Synod convocated to strengthen their summons by a civill Sanction to secure them in coming to the Synod and returning from the Synod to provide them good accommodation to protect them from dangers to defend their Rights and Priviledges To compel obstinate persons by civill Laws and punishments to submit to their censures and decrees What gets the Magistrate by all this to himself He may put it all in his eye and see never a whit the worse For they declare expresly that neither all the power nor any part of the power which Synods have to deliberate of or to define Ecclesiasticall things though it be in relation to their own Subjects doth flow from the Magistrate but because in those things which belong to the outward man mark the reason the Church stands in need of the help of the Magistrate Fair fall aâ— ingenuous confession they attribute nothing to the Magistrate but only what may render him able to serve their own turns and supply their needs I wish these men would think a little more of the distinction between habituall and actuall Jurisdiction After a School-master hath his License to teach yet his actuall Jurisdiction doth proceed from the Parents of his Scholars And though he enjoy a kind of Supremacy among them he must not think that this extinguisheth either his own filiall duty oâ— theirs Like this power of presiding politically in Synods is the other power which they give him of reforming the Church that is when the State of the Church is corrupted but not when it is pure as they take it for granted that it is when the Jurisdiction is in their own hands Although godly Kings and Princes sometiâ—â— by their own Authority when the Kirk is corrupted and all things out of order place Ministers and restore the true service of the Lord after the example of some godly Kings of Iudâ—â— and divers godly Emperours and Kings also in the light of the New Testament yet where the Ministry of the Kirk is once lawfully constituted and they that are placed do their office faithfully all godly Princes and Magistrates ought to hear and obey their voice and reverence the Majesty of the Son of God speaking in them Leave this jugling who shall judge when the Church is corrupted the Magistrates or Church-men if the Magistrates why not over you as well as others If the Church-men why not others as well as you here is nothing to be answered but to beg the question that they only are the true Church Hear another witnesse in evill and troublesome times and in a lapsed state of affairs when the order instituted by God in the Church is degenerated to Tyranny to the trampling upon the true Religion and oppressing the professors of it when nothing is sound the godly Magistrate may do some things which ordinarily are not lawfull c. But ordinarily and of common right in Churches already constituted if a man flye to the Magistrate complaining that he is injured by the abuse of Ecclesiasticall Discipline or if the Sentence of the Presbyteries displease the Magistrate either in point of Discipline or of Faith he must not therefore draw such causes to a civill tribunall nor introduce a Politicall Papacy And as the Magistrate hath power in extraordinary causes when the Church is wholly corrupted to reforme Ecclesiasticall abuses so if the Magistrate shall Tyrannize over the Church it is lawfull to oppose him by certain wayes and meanes extraordinarily how ever ordinarily not to be allowed This is plain dealing the Magistrate cannot lawfully reforme them but in cases extraordinary and in cases extraordinary they may lawfully reforme the Magistrate â—y meanes not to be ordinâ—rily allowed that is by force of armes See the principles from whence all our miseries and the losse of our gratious Master hath flowed and learn to detest them They give the Magistrate the custody of both Tables so they do give the same to themselves they keep the second Table by admonishing him he keeps the first Table by assisting them they reforme the abuses of the first Table by ordinary right of the sâ—cond Table extraordinariâ—y He reforms the abuses against the second Table by ordinary right and the abuses against the first Table extraordinarily But can the Magistrate according to their learning call the Syâ—od to an account for any thing they do can he remedy the ertoâ—rs of a Synod either in Doctrine or Discipline No if Magistrates had power to change or diminish or restraine the Rights of the Church the Condition of the Church should be worse and their Liberties less under a Christian Magistrate than undâ—r an Heathen For say they Parliaments and supreame Senates are no more infallible thâ—n Synods and in matters of Faith and Discipline more apt to â—rre And again the Magistrate is â—ot judge of Spirituall causâ—s coâ—troverted in the Church And if he decree any thing in such businesses according to the wisdom of the flesh and not according to the rule of Gods Word and the wisdome which is from above he must give an account of iâ— unto God Or may the Supreame Magistrate oppose the execution of their discipline practised in their Presbyteries or Synods by Laws oâ— prohibitions No it is wickednesse If he do so farre abuse his Authority good Christians must rather suffer extremities thâ—â— obey him Then what remedy hath the Magistrate if he find himself griâ—ved in this case He may desire and procure a review in another Nationall Synod that the matter may be lawfully determined by Ecclesiasticall judgement Yet upon this condition the notwithstanding the future review the first sentence of the Synod be executed without delay This is one main branch of Popery and agrosse incrochment upon the right of the Magistrate CHAP. III. That this Discipline
and twenty others had been taken it would not have grieved the hearts of good people so much as these injurious proceedings The King still woos and conferres At last the matter is concluded That the King shall make a Declaration in favour of the Church that Mr Blake shall only make an acknowledgment to the Queen and be pardoned But Mr Blake refuseth to confesse any fault or to acknowledge the King and Councel to be any Judges of his Sermon Hereupon he is convicted and sentenced to be guilty of false and treasonable slanders and his punishment referred to the King Still the King treats makes Propositions unbeseeming his Majesty once or twice The Ministers reject them proclaim a Fast raise â— Tumult in Edenburgh Petition preferre Articles The King departeth from â—he City removeth his Courts of Iustice the peopâ—e repent the Ministers persist and seek to engage the Subjects in a Covenant for mutual Defence One Mr Walsh in his Sermon tells the people That the King was possessed with a Devil yea with seven Devils that the Subjects might lawfully rise and take the sword out of his hands The seditious encouraged from the Pulpit send a Letter to the Lord Hamilton to come and be their General He nobly refuseth and sheweth their Letter to the King Hereupon the Miniâ—ters are sought for to be apprehended and flie into England The Tumult is declared to be Treason by the Estates of the Kingdom I have urged this the more largely yet as succinctly as I could to let the world see what dangerous Subjects these Disciplinarians are and how inconsistent their principles be with all orderly Societies CHAP. V. That it subjects the Supreme Magistrate to their Censures c. FOurthly They have not onely exempted themselves in their duties of their own Function from the Tribunal of the Sovereign Magistrate or Supream Senate but they have subjected him and them yea even in the discharge of the Sovereign Trust to their own Consistories even to the highest Censure of Excommunication which is like the cutting of a member from the body Natural or the out-lawing of a Subject from the body politicâ— Excommunication that very Engine whereby the Popes of old advanced themselves above Emperours To discipline must all the Estates within this Realm be Subject as wâ—ll Rulers as they thaâ— are ruled And elswhere All men as well Magistrates as Inferiours ought to be subject to the judgement of General Assembliâ—â— And yet again No man that is in the Church ought to be exempted from Ecclesiastical Censures What h orrid and pernicious mischiefs do use to attend the Excommunication of Sovereign Magistrates I leave to every mans memory or imagination Such coursâ—s make great Kings become cyphers and turn the tenure of â— Crown Copy-hold ad voluntatem Dominorum Such Doctrines might better become some of the Roman Alexanders or Bâ—nifaces or Gregorius or Pius Quintus than such great Prosessors of Humility such great disclaimers of Authority who have inveighed so bitterly against the Bishops for their usurpations This was never the practice of any orthodox Bishop St Ambrose is mistaken what he did to Theodosius was no act of Ecclesiastical jurisdiction but of Christian discretion No he was better grounded David said Against thee onely have I sinned because he was a King Our Disciplinarians abhorre the name of Authority but hugge the thing their profession of Humility is just like that Cardinals hanging up of a Fishers Net in his Dining-room to put him in mind of his discent but so soon as he was made Pope he took it down saying The Fish was caught now there was no more need of the Net CHAP. VI. That it robs the Magistrate of his Dispensative Power FIfthly All supreame Magistrates do assume to themselves a power of pardoning offences and offenders where they judge it to be expedient He who believes that the Magistrate cannot with a good conscience dispence with the punishment of a penitent malefactour I wish him no greater censure than that the penall Laws might be duly executed upon him untill he recant his errour But our Disciplinarians have restrained this dispensative power in all such crimes as are made capitall by the judiciall Law as in the case of Bloud Adultery Blasphemy c. in which cases they say the offender ought to suffer death as God hath commanded And If the life be spared as it ought not to be to the offenders c. And the Magistrate ought to preferre Gods expresse commandment before his own corrupt judgement especially in punishing these crimes which he commandeth to be punished with death When the then Popish Earls of Angus Huntley and Erroll were excommunicated by the Church and forfeited for treasonable practices against the King it is admirable to read with what wisdome and charity and sweetnesse his Majesty did seek from time to time to reclaime them from their errours and by their unfeigned conversion to the reformed Religion to prevent their punishment Wherein he had the concurrence of two Conventions of Estates the one at Falkland the other at Dumfermling And on the other side to see with what bitternesse and radicated malices they were prosecuted by the Presbyteries and their Commissioners sometimes Petitioning That they might have no benefit of Law as being excommunicated Sometimes threatning that they were resolved to pursue them to the uttermost though it should be with the loss of all their lives in one day That if they continued enemies to God and his Truth the Countrey should not brook both them and the Lords together Sometimes pressing to have their Estates confiscated and their lives taken away Alledging for their ground that by Gods Law they had deserâ—ed death And when the King urged that the bosom of the Church should be ever open to penitent sinners they answered That the Church could not refuse their satisfaction if it was truly offered but the King was obliged to do justice What do you think of those that roar out Iustice Iustice now adayes whether they be not the right spawn of these Bloud-suckers Look upon the examples of Cain Esau Ishmael Antiochus Antichrist and tell me if you ever find such supercilious cruel bloud-thirsty persons to have been pious towards God but their Religion is commonly like themselves stark naught Cursed be their anger for it was fierce and their wrath for it was cruel These are some of those incroachments which our Disciplinarians have made upon the rights of all Supreame Magistrates there be sundry others which especially concerne the Kings of Great Brittain as the losse of his tenths first-fruits and patronages and which is more than all these the dependence of his Subjects by all which we see that they have thrust out the Pope indeed but retained the Papacy The Pope as well as they and they as well as the Pope neither barrel better Herrings do make Kings but half Kings Kings of the bodies not of the souls of
their Subjects They allow them some sort of judgement over Ecclesiastical persons in their civill capacities for it is little according to their rules which ever is not Ecclesiasticall or may not be reduced to Ecclesiasticall But over Ecclesiastick persons as they are Ecclesiasticks or in Ecclesiasticall matters they ascribe unto them no judgment in the world They say it cannot stand with the Word of God that no Christian Prince ever claimed nor can claime to himself such a power If the Magistrate will be contented to wave his Power in Ecclesiasticall matters and over Ecclesiasticall persons as they are such and give them leave to do what they list and say what they list in their Pulpits in their Consistories in their Synods and permit them to rule the whole Commonwealth in order to the advancement of the Kingdome of Christ. If he will be contented to become a subordinate Minister to their Assemblies to see their decrees executed then it may be they will become his good Masters and permit him to injoy a part of his civill power When Sovereigns are made but accessaries and inferiours do become principals when stronger obligations are devised than those of a Subject to his Sovereign it is time for the Magistrate to look to himself these are prognosticks of insuing storms the avant curriers of seditious tumults When Supremacy lights into strange and obscure hands it can hardly contain it self within any bounds Before our Disciplinarians be well warmed in their Ecclesiasticall Supremacy they are beginning or rather they have already made a good progresse in the invasion of the temporall Supremacy also CHAP. VII That the Disciplinarians cheat the Magistrate of his Civill Power in order to Religion THat is their sixt incroachment upon the Magistrate and the verticall point of Jesuitism Consider first how many civil causes they have drawn directly into their Consistories and made them of Ecclesiasticall cognisance as fraud in bargaining false weights and measures oppressing one another c. and in the case of Ministers bribery peâ—jury theft fighting usury c. Secondly Consider that all offences whatsoever are made cognoscible in their Consistories in case of scandall yea even such as are punishable by the civill Sword with death If the civill Sword foolishly spare the life of the offender yet may not the Kirk be negligent in their office which is to excommunicate the wicked Thirdly They ascribe unto their Ministers a liberty and power to direct the Magistrate even in the Managerie of civill Affairs To governe the Commonwealth and to establish civill Laws is proper to the Magistrate To interpret the Word of God and from thence to shew the Magistrate his duty how he ought to governe the Commonwealth and how he ought to use the Sword is comprehended in the office of the Minister for the holy Scripture is profitable to shew what is the best governement of the Commonwealth And again all the duties of the second Table as well as the first between King and Subject Parents and Children Husbands and Wives Masters and servants c. are in difficult cases a subject of cognisance and judgement to the Assemblies of the Kirk Thus they are risen up from a judgment of direction to a judgement of Jurisdiction And if any persoâ—s Magistrates or others dare act contrary to this judgement of the Assembly as the Parliament and Committee of Estates did in Scotland in the late expedition they make it to be an unlawfuâ—l ingagement a sinfuâ—l War contrary to the Testimonies of Gods servants and decree the parties so offending to be suspended from the communion and from their offices in the Kirk I confesse Ministers do well to exhort Christians to be careâ—ull honest industrious in their speciall callings but for them to meddle pragmatically with the mysteries of particular Tradâ—s and much more with the mysteries of State which never came within the compasse of their shallow capacities is a most audacious insolence and an insufferable presumption They may as well teach the Pilot how to steer his course in a tempest or the Physician how to cure the distempers of his patient But their highâ—st cheat is that Jesuiticall invention in ordiâ— ad spiritualia they assume a power in worldly affairs indirectly and in order to the advancement of the Kingdome of Christ. The Ecclesiasticall Ministry is conversant spiritually about civill things Again must not duties to God whereof the securing of Religion is a main one have the Supreame and first place duties to the King a subordinate and second place The case was this The Parliament levied forces to â—ree their Kings out of prison A meet civill duty But the Commissioners of the Assembly declare against it unlesse the King will first give assurance under hand and seal by solemne oath that he will establish the Covenant the Presbyterian Discipline c. in all his Dominions and never indeavour any change thereof least otherwise his liberty might bring their bygone proceedings about the League and Covenant into question there is their power in ordine ad spiritualia The Parliament will restore to the King his negative voice A meer civill thing The Commissioners of the Church oppose it because of the greâ—t dangers that may thereby come to Religion The Parliament name Officers and Commanders for the Army A meer civil thing The Church will not allow them because they want such qualifications as Gods word requires that is to say in plain terms because they were not their confidents Was there ever Church challenged such an omnipotence as this Nothing in this world is so civil or political wherein they do not interest themselves in order to the advancement of the kingdom of Christ. Upon this ground their Synod enacted that no Scotish merchants should from thenceforth traffique in any of the dominions of the King of Spain until his Majesty had procured from that King some relaxation of the rigour of the Inquisition upon pain of excommunication As likewise that the Munday market at Edâ—nburgh should be abolished It seems they thought it ministered some occasion to the breach of the Sabbaâ—h The Merchants petitioned the King to maintain the liberty of their trade He grants their request but could not protect them for the Church prosecuted the poor merchants with their censuers untill they promised to give over the Spanish trade so soon as they had perfected their accounts and payed their Creditors in those parts But the Shoemakers who were most interested in the Munday markets with their tumults and threatenings compâ—lled the Ministers to retract whereupon it became a jest in the City that the Souters could obtain more at the Ministers hands than the King So they may meddle with the Spanish trade or Munday markets or any thing in order to Religion Upon this ground they assume to themselves a power to ratifie Acts of Parliament So the assembly at Edenburgh enacted That the Acts made in the
same also by consequence and moreover deprive us of the prayers of the Church and the comfortable use of the blessed Sacrament Thou canst deliver us to a Pursevant or commit us to the Black Rod they can deliver us over to Sathan and commit us to the prince of darknesse Thirdly for priviledges the priviledges of Parliament extend not to treason felony or breach of peace but they may talke treasoâ— and act treason in their pulpits and Synods without controlment They may securely commit not onely petilarâ—iny but Burglary and force the dores of the pallace Royall They may not onely break the peace but convocate the Subjects in armes yea give warrant to a particular person to conveen them by his letters missives according to his discretion in order to religion Of all which we have seen instances in this discourse The priviledges of Parliaments are the Graces and Concessions of man and may be taken away by humane Authority but the priviledges of Synods they say are from God and cannot without Sacriledge be taken away by mortall man The two Houses of Parliament cannot name Commissioners to sit in the intervalls and take care ne quid detrimenti capi at resâ— publica that the Common-wealth receive no prejudice But Synods have power to name vicars Generall or Commissioners to sit in the intervalls of Synods and take order that neither King nor Parliament nor people do incroach upon the Liberties of the Church If there be any thing to do they are like the fox in Aesops fables sure to be in at one end of it CHAP. XI That this Discipline is oppressive to particular persons TOwards particular persons this Discipline is too full of rigour like Dracos lawes that were written in blood First in lesser faults inflicting Church censures upon slight grounds As for an uncomely gesture for a vain word for suspition of covetousnesse or pride for superfluity in raiment either for cost or fashon for keeping a table above a mans calling or means for dancing at a wedding or of servants in the streets for wearing a mans hair ala mode for not paying of debts for using the least recreation upon the Sabbath though void of scandall and consistent with the duties of the day I wish they were acquainted with the practise of all other Protestant Countries But if they did but see one of those kirmessâ—s which are observed in some places the pulpit the consistory the whole Kingdom would not be able to hold them What digâ—adiations have there been among some of their sect about starch and cuffes c. just like those grave debates which were sometimes among the Franciscans about the colour and fashion of their gowns They do not allow men a latitude of discreâ—ion in any thing All men even their Superiours must be their slaves or pupils It is true they begin their censures with admonition and if a man will confesse himself a delinquent be sorry for giving the Presbyters any offence and conform himself in his hair apparrell diet every thing to what these rough hewen Cato's shall prescribe he may escape the stool of repentance otherwise they will proceed against him for contumacy to Excommunication Secondly this discipline is oppressive in greater faults The same man is punished twice for the same crime first by the Magistrate according to the lawes of God and the land for the offence then by the censures of the Church for the scandall To this agrees their Synod Nothing forbids the same fault in the same man to be punished one way by the politicall power another way by the Ecclesiasticall by that under the formallity of a crime with Corporall or pecuâ—iary punishment by this under the formallity of scandall with spirituall censures And their book of discipline If the civill sword foolishly spare the life of the offender yet may not the Kirk be negligent in their office Thus their Liturgy in expresse termes All crimes which by the law of God deserve death deserve also excommunication Yea though an offender abide an assise and be absolved by the same yet may the Church injoyn him publick satisfactiâ—â— Or if the Magistrate shall not think fit in his judgement or cannot in conscience prosecute the party upon the Churches intimation the Church may admonish the Magistrate publickly And if to remedy be found excommunicate the offender first for his crime and then for being suspected to have corrupted the judge Observe first that by hook or crook they will bring all crimes whatever great and small within their Jurisdiction Secondly observe that a delinquents triall for his life is no sufficient satisfaction to these third Cato's Lastly observe that to satisfie their own humor they care not how they blemish publickly the reputation of the Magistrate upon frivolous conjectures Thirdly adde to this which hath been said the severity and extreame rigour of their Excommunication after which sentence no person his wife and family onely excepted may have any kinde of conversation with him that is excommunicated they may not eate with him nor drink with him nor buy with him nor sell with him they may not salute him nor speak to him except it be by the license of the Presbytery His children begotteâ— and born after that sentence and before his reconciliation to the Church may not be amitted to baptisme untill they be of age to require it or the mother or some speciall frind being a member of the Church present the childe obhorring and damning the iniquity and obstinate contempt of the Father Adde further that upon this sentence letters of horning as they use to call them in Scotland do follow of course that is an outlawing of the praty a confiscation of his goods a putting him out of the Kings protection so as any man may kilâ— him and be unpunished yea the party excommunicate is not so much as cited to hear thâ—se fatall Letters granted Had not David reason to pray Let me fall into the hands of the Lord not into the hands of men for their mercies are cruell Cruill indeed that when a man is prosecuted for his life prehaps justly prehaps unjustly so as appearing and hanging are to him in effect the same thing yet if he appear not this pitifull Church will Excommunicate him for contumacy Whether the offender be convict in judgement or be fugitive from the Law the Church ought to proceed to the sentence of Excommunication as if the just and evident fear of death did not purge away contumacy CHAP. XII That this Discipline is hurtfull to all orders of men LAstly this Discipline is burthensome and disanvantagious to all orders of men The Nobility and Gentry must expect to follow the fortune of their Prince Vpon the abatement of Monarchy in Rome remember what dismall controversies did presently spring up between the Patricii and Plebei They shall be subjected to the censures of a raw heady novice and a few ignorant Artificers