appeal unto Caesar was from a civill court from Festus was in a matter of life death from no Church judicatorie See Voetius ubs supra Pag. 197. Quaest. 24. SECTIO XIII The former purpose further prosecuted fleet 's notion examined THere is one reason more pleading against the taking of the oath as it is now glossed it is this 20. By taking of this oath they should assent unto that power which is given unto the King in the 16 Act of Parliament viz. a power to settle secure Church governement in such a frame as shall be most agreable suiteable unto Monarchicall Governement most complying with the publick peace quyet of the Kingdome And so grant 1. That there is not one forme or modell of Church governement set down in the word obliging Churches in all ages to follow the same 2. That the supreme Magistrat alone may appoynt what forme he thinketh good To speak to this head at length would take a long time in regard that one Mr Stilling fleet hath been at the paines to give the World a proof of his learning reading by engaging in this quarrell in pleading against the privilege prerogative of the Crown of Christ whom God hath made King in Zion who will reigne untill all his enemies be made his footstool He would without all doubt have had more peace when stepping into eternity if he had imployed his partes abilities for Christ his interests as King sole King in his Church Kingdom But yet though the nature of this discourse will not admit so long full an examination of the grounds whereupon this learned man walketh Some thing must be said in short so much the rather because through the injury of the times the labours of such as have fully solidly answered him cannot be gotten printed And therefore till providence so order matters as that both those severall other things against prelats may receive a free Imprimatur Take these few observations upon his whole book which he is pleased to call a weapon salve c. so far as concerneth the bussinesse in hand Obs. 1. He granteth pag. 154. That it is necessary there should be a forme of government in the Church by vertue not only of that law of nature which provideth for the preservation of societies but likewise by vertue of that divine law which takes care for the Churches preservation in peace and unity So then if there be such a divine law for a forme of Church Government iâ—… in the primitive times there was a forme of Church Government followed the poynt is gained by Mr Stillingfleet's own concessions for part 1. c. 1 § 3. He sayeth that there is not the same necessitie for a particular clear revelation in the alteration of a law unrepealed in some circumstances of it as there is for the establishing of a new law as to the former a different practice by persons guided by an infallible Spirit is sufficient which is the case as to the observation of the Lord's day under the Gospell for the fourth command standing in force as to the morality of it a different practice by the Apostles may be sufficient for the particular determination of the more rituall occasionall part of it Now there being a standing morall law for a forme of Church governement the practice of the Apostles who were guided by an infallible Spirit is sufficient for an alteration And so as their practice obligeth now to the observation of the first day Sabbath because of the standing force of the morall law for one day of Seven So their practice obligeth now unto that forme of Governement which they used because of the standing force of the law of God for a forme of Church Governement So that we need not enquire after a particular clear revelation in this case where there is but the alteration of a law unrepealed as to some particular circumstances And thus if the morality of the first day Sabbath stand the morality of the governement of the Church which the Apostles did set up will stand also Their practice altering the last day of Seven into the first will no more oblige then their altering of the ancient governement into a new one which was distinct from the former Obs. 2. Part. 2. c. 1. § 4 5 6. When he is about the stateing of the question he will have a nationall Church to be understood as a Church in which a forme of Government should be setled It is true a nationall society incorporated is a Church It is also true that the notion of a Church agreeth to other societies then nationall as himself sayes wherever the notion of a Church particular is to be found there must be a Governement in that Church so every society which may be called a Church should have a Governement in it But now the question is whether every such society as may be called a Church should have its own liberty to set up what forme of Government it thinketh best or only a nationall Church If only a nationall Church have that liberty then that liberty agreeth not to a nationall Church as it is a Church but under some other notion what is this other notion Is it because they are under one civil Governement But many nations may in some respect be under one civil Government in some respect there is hardly any one nation which in all its parts incorporations cities is governed after one the same manner But further what hath the Church to do with the civill lawes or civill way of Governement especially seing himself granteth that the Church is a quite distinct society from the civil state But next if every Church hath this liberty then in one the same nationall Church there may be many severall sorts of Governements this would occasion the greatest confusion in the world looketh no way like the ordinance of God which neither tendeth to union nor edification but to confusion distraction will make every parochial Church he cannot deny a parochiall Church to be a Church to have its own distinct forme of Government thus porachiall Churches should be like the Cantâ—…ns of Helvetia or distinct Kingdomes ruled by their own lawes after their owne manner If it be said that the unity peace of the nationall Church ought much more to be looked after then the peace unity of any one particular congregation Ans. will it thence follow that every particular congregation in a nationall Church should be Governed after one manner then it will follow also that all nationall Churches being members of the Church universall must be Governed after one the same manner for the peace unity of the Church universall is preferable unto the peace unity of a Nat. Church as the peace unity of a Nat. Church is preferable unto the peace unity of Particular
reason they ought to be if he be King head of his Church He must have no more liberty to exerce his jurisdiction by the Ministery of his inferiour officers within their dominions territories then seemeth good in their eyes The discipline of his house must be exerced only in so far as they think good to permit And thus it is undeny able that they look on Christ as an evil neighbour as no good friend to Caesar They think his Kingdom is of this world therefore it must have no place within any of their Kingdomes territories Thus thou seest that in end the controversy cometh to this Whether Christ or man shall reigne in the Church as head supream Governour thereof And whether the interest of Christ or of man shall be preferred And to preferre the interest of a man unto the interest of Christ hath heretofore been accounted malignancy of the deepest dye But what shall become of this controversie how shall it end Are they or shall they be able to put our Lord from his throne out of his possession No he is set upon the holy hill Zion by a mighty hand his inheritance among the heathen is given to him by a surer deed of gift then that he should be so easily put from it He hath a rod of yron that will dash in pieces as a potters vessel all his enemies be they never so great mighty He is too strong a party for all the potèntats mighty ones of the earth therefore this which is the grand controversy of those times shall must be decided in favours of those who stand upon Christ's side maintaine his right he is a strong captaine will run thorow all the hosts of his adversaries Christ's sufferers then may rejoyce what ever affliction they are or can be put to endure for this cause which is a cause that doth highly concerne Christ the royall prerogatives of his crown Kingdome his glory as he is the only head of â—…his Church seing they may certanely expect the victory â—…re all be done And seing as famous worthy Mr 〈◊〉 in the preface to his Aaronâ—… rode blossoming sheweth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Christ is 〈◊〉 King hath a Kingdome 〈◊〉 in his Church distinct frâ—…m the Kingdoms of the world 〈◊〉 civil Governmeâ—… 〈◊〉 this commendation and 〈◊〉 â—…oue all â—…hen 〈◊〉 that Christ himself suffered 〈◊〉 the 〈◊〉 〈◊〉 and sealeâ—… it with his blood For it may be 〈◊〉 fâ—…om the 〈◊〉 of his passion that this was the only pâ—…nt of 〈◊〉 〈◊〉 was 〈◊〉 And avouched by 〈◊〉 〈◊〉 Joh. 18 33 36 37. and Luk. 23 3. was most aggravated prosecuted and driven home by the jewes Luk. 23 2. Joh. 19 v. 12 15. Was prevalent with Pilat as the cause condemning him to die Joh. 19 12 13. And was mentioned also in the superscription upon his crosse Joh 19 19. And although in reference to God and in respect of satisfaction made to divine justice for our sinnes his death was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a price of redemption yet in reference to men who did persecute accuse and condemne him his death was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a martyr's testimony sealing such a truth Thus he Christ is a good second will not suffer any who contend for his crown throne scepter privileges roy all prerogatives of his Kingdom to be put to the worse If he pleade for any cause we may be sure he will plead for his own Let not then his constant valient sufferers feare for greater is he who is with for them then they who are against them Christ alone is more then match party against all Kings princes potentats Parliaments popes prelats Kingdomes armyes Yea all the Posse of devils men Therefore they may be assured that he his cause shall be victorious For he must reigne untill all his enemies be made his foot stool 5. Thou mayest see That the truth for which thou dost suffer is a truth which is after godlinesse tending to the promoveing of piety of the power of godlinesse Whileas the contrary cause course leadeth to all prophanity debauchery as experience doth this day evidently undenyably prove this is no small ground of comfort for the way which is not of for God cannot stand You may pray against your adversaries as really wicked driveing on a designe of wickednesse which is evidently demonstrated by their acts actings Their enmity against opposition unto godly faithfull Zealous able conscientious Ministers of the Gospell unto Christian meetings exercises As also their pressing of Godly conscientious persons unto perjury blasphemy which is the height of wickednesse do put the matter beyond all doubt And is not this enough to make thy soull loath stand a loos from these wayes And to blesse God for his preserving thy soull from their counsels courses so from partaking of their judgments which doe certainly make haste For God is of purer eyes then to look upon iniquity Therefore he will not alwayes look on these that deal treacherously hold his peace when the wicked devoureth the man that is more righteous then he The Lord hath ordained them for judgment the mighty God hath established them for correction when Agâ—…silaus did hear that Tissaphâ—…rnes a captaine of Persia had broken his Covenant which he had made with him was raiseing an army to come against him he was very glade said se magnam habâ—…re gratiam Tissapherni quod perjurio suo deos homines sibs infensos reddidisset adversae vero parti propitios He thanked him heartily that by his perjury he had made both God man angry at himself favourable to him and his cause may not his people be perswaded that God iâ—… this day displeased with the Covenant breakers who are not satisfied with their own treacherous dealing perfidiousnesse but will have all others intangled in the same guilt 6. Thou mayest see that Action which is now so much branded with the vile contemptible names of treachery rebellion I mean Scotlands defending of it self against its bloody enemies cleared from all these imputations foule calumnies changes of times make many Changes in peoples judgement at this time it may be feared that many have Changed their opinion because they see the watter runing in another channell then it did formerly are now ready to condemne these noble worthies valient champions who jâ—…oparded their lives unto the death in the high places of the field have shed their blood in that cause which is a more grievous guilt then many do now apprehend But here thou seest how little cause there is for condemning that Action Yea what necessity there was laid upon Scoâ—…l to stand to their defence as they would not have betrayed the cause interest of Christ which they
approved there the same may be with publick humiliation all Religious answerable solemnity sworne subscribed by all true professors of the Reformed Religion all his Maj. good subjects in both Kingdoms Thereafter on the same day it was approvedby the Convention of estates then sent unto the kingdome of England where after mature deliberation it was approved by the learned assembly of Divines by Both Howses of Parliament by them in their solemne assemblies after sermon solemnely sworne subscribed by Ordinance of Parliament sworne suhscribed in all the parishes of the Kingdome a copy thereof appointed to be affixed in every parish Church also a faire Copy thereof with all the names of the members of Parliament who subscribed the same is ordained to be affixed at the end of the great Hall of Westminster When thus it was sworne subscribed in England The Commissioners of the Gen. Assembly Octob. 11. 1643. ordained the same to be with publick Humiliation all Religious solemnities received sworne subscribed by all ministers professours within the Kirk for this effect it is ordained That the League Covenant be forthwith printed that the printed copies bound with some clean sheets of paper be sent unto the ministry that every minister upon the first Lords day after the same shall come to his hands read explaine it by Exhortation prepare the people to the swearing subscribing thereof solemnely the Lords day next immediately following ordaine that presbiteries proceed with the censures of the church against all such as shall refuse or shift to swear subscribe the same And the Commissioners thinke it very convenient for good example the better encouragement of others that it be solemnely sworne subscribed by themselves now present before the Congregation in the East kirk upon friday next the 13 of this instant after sermon exhortation to be made by Mr Robert Douglas Moderator that the Commissioners of the Convention of estates now in towne the Commissioners from the Parliament of England Divines of that kingdome here present be earnestly desired to joyne with them in this solemne Religion action Upon the 12 of Octob. the Commissioners of the convention of Estates did also ordaine the same to be sworne subscribed under the paine of being punished as enemies to Religion his Maj. honour peace of the kingdoms to have their goods â—…ents confiscate c. also ordaine all Sheriffs Stuarts others his Maj. magistrates in Brugh land Committies in the severall shires to be assisting to ministers and presbiteries in procuriing reall obedience hereunto Which deed of the Commission of the Church was ratified approved by the Gen. assembly Jun. 28. 1645. So is the deed of the convention of estates their commissioners approved ratified by act of Parl. July 15. 1644. where the League Covenant is insert in the Registers Thus the kingdoms of Scotland England after other meanes of Supplication remonstrance Protestation and sufferings to the end they might preserve themselves and their Religion from utter ruine and destruction according to the commendable practises of these Kingdomes in former times and the example of Gods people in other Nations after mature deliberation resolved and determined to enter into a mutuall and solemne League and Covenant wherein all did subscribe and with hands lifted up to the most High God did swear as they should answer at that great day to God the searcher of all hearts That sincerly really and constantly they should endevour in their severall places and callings 1. To preserve the Reformed Religion in the Church of Scotland in Doctrine worship Discipline and Governement and to Reforme England and Ireland according to the word of God and the example of the best Reformed Churches and to bring the three kingdoms to the nearest conjunction and uniformity in Religion Confession of Faith forme of Church governement Directory for worship and Catechising 2. To endevour the extirpation of popery Prelacy Superstition Heresy Schisme Prophaness and whatsoever shall be found contrary to sound doctrine and the power of godliness 3. To preserve the Rights and privileges of the Parliaments liberties of the Kingdomes and the Kings Maj. person and authority in the preservation and defence of the true Religion and liberties of the Kingdomes 4. To discover all such as have been or shall be incendiaries Malignants or evill Instruments hindering the Resermation of Religion dividing the king from his people and the kingdomes one from another or making any fâ—…on or parties among the people contrary to this League and Covenant that they may be brought to triall and condigne punishment 5. To endevour that these kingdomes may remaine conjoyned in a firme place union to all posterity 6. To assist such as enter into this Covenant and not to suffer themselves any maner of way to be divided or to make defection or to give themselves to a detestable indifferency and neutrality in this cause but shall continue â—…in against all opposition and promote the same according to their power against all sets and impedimentes whatsoever When these hands did thus enter in Covenant with the great God of heaven earth many of soul was converted which was as the finite of this noble Marriage when they saw the wonderfull works of the Lords right hand whereby he openly â—…nyably owned that Covenant such as entred into 〈◊〉 Then did these Churches flourish begin to have a beautifull countenance to be admired abroad by strangers who stood astonished at the report of what they did hear dayly of the Lords owneing fighting for that Covenant seconding the Covenanters in carrying on the Ends of the same But at length after the Lord had by many signes wonders testified his displeasure against broken the whole strength force of the Popish Prelaticall Malignant faction wrought deliverances in all the three kingdoms for the people that engadged in Covenant with him It seemed good in his eyes who doth all things according to the counsell of his own will to suffer another enemy to arise to trouble his Church to try his people viz. the Sectarian party who grew to such an hieght in the English Army that they over-ruled the Parliament of England putting away the House of Peers they modelled the House of Commons as they thought good erected a New Court which they called an High Court of Iustice before which they did Impannel the King at length did violently take away his life Januar. 30. 1649. against which deed the Commissioners both from the Church State of Scotland did protest were therefore hardly used at London When the report of this cometh to the eares of the Parliament of Scotland which was then sitting They upon the 5. of Febr. 1649. considering that for as much as the kings Maj. who lately reigned
to make way for repaireing of the ruines building up the breaches thereof for establishing the same on right sure foundations in your Maj. person family and to do those things when they were so litle expected in so quyet peaceable a way and without the effusion of Christian blood imbroyling the Kingdomes in the misery calamities of a new war And as we adore the wonderfull wise hand of God blesse his name who hath done these things so it is not only our practice for the present but our sincere resolution for the time to come to pouâ—… forth the fervent desires supplicatioâ—… of our soull unto the most high by whom kings reigne for the preservation saiftie of your Maj. person for the multiplication of his spirit increase of it upon you that you may imploy your power to his praise the comfort of his people for the Establishing of your just power greatnesse in subordination to him to be faithfull loyall rendering all the dutyes of honour subjection obedience to your Maj. that are due from humble loving subjects unto their native lawfull prince soveraigne And we desire to be perswaded with confidence to promise to ourselves that your Maj. will accept of those our professions as proceeding from loyall honest hearts allow us the protection countenance incouragement in our station callings that may be expected from a gracious king And considering the great happinesse that ariseth both to kirk and state all the members thereof by the mutuall good understanding betuixt the supreme Magistrat the faithfull of the land when it pleaseth divine providence so to dispose the many calamities miseries that in the holy justice just indignation of God do attend the separating or violating of these only sure foundations of states and 〈◊〉 kingdomes We are bold in the integrity of our hearts in the zeal of the glory of the Lord of the good of his church of your Maj. honour happinesse from the sense of manifold great obligations that be upon us before the Lord so to do particularly that of the Covenant That what lets we are not able of our selves to suppresse and overcome we shall reveal and make known that they may be prevented remedied Humbly to presente unto your Maj. and make known the great danger that threateneth religion and the work of reformation in the churches of God in these kingdomes from the desires and endeavour of the remanent of the popish prelaticall and malignant party therein which is begining to lift up the head not only to render hatefull but to bear downe many of your Maj. good subjects who have been imployed as instruments in the work have keeped within the bounds of their duty in promoveing preserving the same so far as humane frailty would permit but also to overthrow that blessed work it self and to reintroduce prelacy the ceremonies the service book and all these corruptions which were formerly cast out as inconsistent with that pure and spotelesse rule of church governement discipline and divine worshipe delivered to us in the word of God as a yoke of bondage that neither we nor our fathers were able to bear and though we know that that Spirit will not want its specious pretences plausible insinuations for compassing these ends yet as there cannot readily be greater disservice to the church of God to these Kingdoms to your Maj. honour happinesse then actings of that nature so we cannot without horrour of Spirit astonishment of heart think upon what dreadfull guiltinesse King Princes Ministers People shall be involved into what fearfull wrath shall attend them from the face of an angry jealous God if after all the light that he hath made to shine in these kingdomes from his blessed word for discovery of the error Impiety of these things after his hand hath been lifted up so high for casting out of the same after solemne vowes engadgments taken upon themselves before God angels men against them if they should againe lick up the vomit thereof God forbid that we should either hear or see such heart astonishing bitter things which would turne the mirth of the Lords people into mourning their songs into most sad lamentations Neither are we lesse apprehensive of the endeavours of the spirit of errour that possesseth Sectaries in these Nations which as it did at first promove a vast tolleration in things religious and afterwards did proceed to the frameing of mischief into a law so we doubt not but it will still be active unto the promoving procuring of the same under the specious pretext of liberty to tender consciences the effects whereof have in a few years past been so dreadfull that we cannot think of the continuing thereof but with much trembling fear Therefore knowing that to Kings Princes Rulers Magistrats appertaineth the purgation preservation of religion that nothing can contribute more unto the preserving and promoveing of religion the work of reformation then that all places of power trust be filled with men of a blamelesse christian conversation approven integrity known affection to the cause of God We your Maj. most humble supplicants subjects with bowed knees bended affections humbly supplicat your Maj. that you would imploy your royall power unto the preservation of the reformed religion in the church of Scotland in doctrine worship discipline governement for the reformation of Religion in the Kingdome of England Irland in doctrine worshipe discipline goverment and to the carrying on of the work of uniformity of religion in the church of God in the three Kingdomes in one confession of faith forme of church goverment directory of worshipe catechisâ—…ing and to the extirpation of popery prelacy superstition heresy schisme prophanesse whatsoever is contrary to sound doctrine the power of Godlinesse And that all places of trust under your Majest may be filled with such as have taken the Covenant are of approven integrity known affection to the cause of God If in a matter that so much concerneth the honour of God the good of his Church your Maj. honour happinesse we be jealous with a godly jealousy we know your Maj. wisdom lenity to be such as will easily pardon And the sense of our duty to God to your Maj. the fear of those kingdoms transgressions by building up againe the things that were destroyed constraineth us to be petitioners against the same earnestly to intreat that any beginnings of stumbling which already have been given in those things especially in the matter of Prelacy ceremonies the Servicebook in your Majesty chappell and family and other places of your Dominions may be removed and taken away And that there may be no
furder proceeding in these things which grieve the Spirit of God and give offence to your Maj. good subjects who are engadged with you in the same Covenant and work of reformation And that your Maj. for establishing the hearts and strengthening the hands of these who are faithfull in the work of the Lord for quashing the hopes endeavours of adversaries would be pleased to give publick signification of your approbation of the Covenant And of your purpose to adhere unto the same to carry on the work of God in these Kingdoms according thereunto that your Maj. eyes may be upon the faithfull of the land that they may dwell with you We hope your Maj. will not take offence 〈◊〉 we be the Lord's remembrancers to you That you were pleased a little before your coming to this kingdom afterwards at the time of your coronation to assure declare by your solemne Oath under your hand seal in the presence oâ—… Almighty God The searcher of hearts your allowance approbation of the Nationall Covenant the Solemne League Covenant faithfully obligeing your self to prosecute the ends thereof in your station calling that your Maj. for your self Successours should consent agree to all acts of Parl. enjoyning the nationall Cov Solemne League Cov. fully establishing Presbyteriall Gov directory for Worship confession of faith Cathecismes in the Kingdom of Scotland as they are approven by the Gen. Assemblies of this kirk And Parliaments of this Kingdom And that your Maj. should give your Royall assent to acts ordinances of Parl. past or to be past enjoyning the same in your Maj. Dominions that yow should observe these in your practice family should never make opposition to any of those Nor endeavour any change thereof And we desire to be persuaded that no length of time hath made your Maj. forget Or weakened in your Maj. heart the sense of the obligation of the great solemne Oath of God in the Covenants Yea that the afflictions where with God hath exercised your Maj. these years past the great wonderfull deliverance that of late he hath granted unto you hath fixed deeper Impressions upon your heart spirit that among all the kings of the earth Reformation of Religion shall have no greater friend then your Maj Yea that as yee are more excellent then the kings of the Earth in regaird of the purity of profession solemne engadgments unto God And long exercisednesse with manifold afflictions in the Lord 's setting you over these Kingdomes which are not only thorow grace the first fruites of the gentiles But also are among all we know in the World the most eminent for the power purity of the Gospel So shall your Maj. in your Princely Station dignity excell them in the zeal of God for the Kingdom of Iesus Christ And that by how much more your Maj. by the constitution good hand of the Almighty is lifted up above the sphere of your subjects by so much more shall your motion be more vigorous active unto the carrying about by the influence of your royall Head by your example all the Orbs of inferiour powers persones in these kingdomes in subordination to God your Maj. in the practice of godlinesse vertue It is the desire of our soul that your Maj. may be like unto David a man according to Gods own heart Like unto Solomon of an understanding heart to judge the Lord's people to discerne betwixt good bad Like unto Iehosaphat whose heart was lifted up in the wayes of the Lord Like unto Hezekiah eminent for godlinesse and integrity Like unto Iosiah who was of a tender heart did humble himself before God when he heard his word against Ierusalem the inhabitants of Iudah and not only made a Covenant before the Lord to walk after the Lord and keep his commandements with all his heart and with all his soul to performe the Covenant but also caused all that were in Ierusalem Benjamin to stand to it took away the abomination out of all the countreyes that pertained to all the children of Israël and made all that were present in Israël to serve even to serve the Lord their God So shall your Maj. inherite the honour blessing of these kings upon the earth and their happinesse in heaven So shall your Maj. person be preserved your government established over these kingdomes Which is the unfeigned desire and fervent supplication of your Maj. most humble loyall subjects Now the Reader having considered this humble addresse and supplication may judge if there was any thing therin either treasonable or seditious reflecting on his Maj. on the government of the kingdom of England or the constitution of the present Committy of Estates or any thing tending to the raiseing of new tumults and re-kindleing a civill warre among his Maj. good subjects as their enemies were pleased to give it out oâ—… which did deserve imprisonement yea whether it was not their duty the duty of all the Ministers of Scotland to be thus faithfull in giving timeous warning and faithfull exhortation unto their Prince that they might have prevented as much as lay in them the sad defection which was then feared indeed followed thereafter Nether let any say that such things might well be gathered from their other letters for they had nothing beside that letter save some scrols of a letter and some instructions to one of their number for no other purpose then for the communicating of the supplication unto the Ministers of their judgment in severall Presbyteries within the Synod of Glasgow for desiring their approbation thereof concurrence therein This is one sad dispensation But it is only the beginning of sorrow of much woe following SECTION IIII. The suffering of the Noble Marquise of Argile who was executed the 27 Day of May 1661. examined by law WHile the Parliament is in hand with reverend Mr Guthriâ—… who had been a prisoner since the 23 day of August 1660 of whom mention shall be made in the next section They have also the worthy renowned Marguese of Argile among their hands who though he had a maine hand in bringing home the king closeing the second treaty at Breda yet while he is going up to London after the kings late returne from exile to congratulat his Maj. returne is made prisoner in the Tour of London thereafter is sent down to Scotland indited of heigh treason before the Parl. at length is beheaded his head is stuck up upon the tolbooth of Edenburgh Questionlesse strangers will think it behoved to be some great matter for which the life of such an eminent famous nobleman who had been so renowned at home abroad for his faithfulnesse and constancy in carrying on the work cause of God was taken But the very truth is what ever
admonition in her injunctions of purpose to explaine interpret the sense meaning thereof gave it this sense That nothing was is or shall be meant or intended by the same oath to have any other duty alleagiance or bond required by the same then was acknowledged to be due to the most noble kings of famous memory King Henry 8. her Maj. father King Edward 6. her Maj. brother That her Maj. neither doth nor ever will challenge any other authority then that which was challenged lately used by the saids noble kings which is and was of ancient time due to the imperiall crowne of this realme That is under God to have the soveraignity rule over all manner of persones borne within these realmes dominions countreyes of what estate either ecclesiasticall or temporall soever they be so as no other forraigne power shall or ought to have any superiority over them And this was confirmed by Parliament 5. Eliz. cap. 1. But neither did this remove the offence for still the oath did import more then soveraignity over all persones even over all causes also and it was certaine that King Henry 8. did both challenge use more power then that therefore the convocation of the clergy meeting Anno 1562. took notice of the offence saw a necessity of declareing another sense for the satisfaction of all this they did Artic. 37. declaring signifying That there was no authority in sacred matters contained under that title but that only prerogative which had been given alwayes to all Godly princes in holy scriptures by God himself viz That they should rule all Estates and degrees committed to their charge by God whether they be Ecclesiasticall or temporall and to resâ—…raine with the civil sword the stbbâ—…rn and evildoâ—…rs as also to exclude thereby the Bishop of Rome from having any jurisdiction in the realme of England this Article was assented unto by the Parliament 13. of Eliz. c. 12. is insert in the statute book But under favour any may see that this covering was not sufficient to hide the deformites of that oath as worded for all the jurisdiction of the Bishop of Rome was hereby excluded now the Bish. of Rome's power was more then civil for it was ecclesiastick also the oath gave unto the Queen that which was taken away from the Pope more over supreme governour in causes ecclesiastick importeth more then this explication doth And therefore it had been much better if no more had been intended then this explication saifly taken doth hold forth to have changed the words of the oath made them more conformable to the glosse for every one who readeth seeth this sense will not be able to discerne an harmony betwixt them the oath as worded holding forth more then the glosse hence it was that for all this glosse the English divines were put to much trouble to defend themselves when sorely pressed with the words of the oath they seemed to be at some losse disadvantage were constrained to run from the words of the oath unto the glosse which is a sufficient proof that if no more be intended by the oath then what is held forth in the glosse giveÌ„ the oath ought to be otherwayes worded hence also it is that all the followers of Erastus to this day do look upon the Church of Engl. as wholly of their judgment this puteth such divines as write against Erastianisme to great paines to search out the meaning of the English divines to answere that objection certanely these divines would have wished that the oath had been otherwise worded So that adversaries might have had lesse ground to boast of the Church of Englands being of their judgment Yea Triglandius in dissâ—…rt de Civil Eccles. pot Waveth the English divines in this poynt fearing possibly that he should not be able to extricate himself out of the thicket of difficulties which he might see before him therefore sayeth Cap. 8. Pag. 154 155. Controversiam Anglorum i. 〈◊〉 We owne not the controversie of the Englishes with Papists upon this subject aâ—… owrs for we are not of the judgment of Papists nor are we necessitated to defend our judgment by the judgment of the English divines And again in his Amapologia Pag. 726. Col. 2. Quamvis non diâ—…eamur c. Though we cannot deny but they i. e. the Englishes in respect of the usurped hierarchie there and the King's power over it have extended the King's supremacy furder then it ought to have been And Apollonius in his Ius Majestatis Part. 1. Pag. 11. telleth us that Some reformed divines in the heat of disput against the Papists out of hatred to the Roman hierarchy did turne a little out of the right way that they spoke according to the lawes of that Kingdome common-wealth in which they lived This especially is to be noted in those divines who wrote of the King's supremacy in the Kingdome of England The learned have seen the writtings of Lancelot Tooker Burchill Thomson and Salcobrig c. And the writtings of their adversaries who debated with them concerning the King's supremacy all who are not slaves in their judgments unto the great ones of the World may see clearly that there are failings on both hands And againe out of Didoclave Pag. 43. he telleth us That albeit they did blote out the metaphoricall title of the head of the Church lest it should give offence put in its place the Supreme Governour Yet the sense was the same for Henry of Salisburry sayeth That the King of England is the primat of the Church of England that he is a mixed person having both Ecclesiastick temporal Jurisdiction that in a supreme way proveth from the statute I. Eliz that the jurisdict Eccl. which was or might have been exercised by any spirituall or Church power for visiting the Ecclesiastick state order for reforming bringing into order punishing Churchmen all sort of errors schismes abuses offences enormities within the Kingdome is for ever annexed unto the Crown So that it is too too apparent that severall of the English divines run a furder length give a larger exposition of the supremacy So dangerous a thing is it to admit of oaths which must have strained glosses commentaries for clearing of them which the words will not in a faire construction bear moreover if any consult the later actings of King Parliament there in England they shall see a far other sense put upon it such as plead for the present change of Church government there walk much upon this supremacy particularly the author of the grand case asketh how any man who hath taken or is willing to take that oath can speak against the King's power of setting up what forme of Church government he pleaseth in the Church which whether it may not make Englishmen of a truely tender conscience
Kingdomes in Scotland that Christ was a King the Church his Kingdome that he himself was a subject unto Christ a member of his Church neither head nor King thereof that the spirituall office bearers to whom he had committed the government of his Church had power warrant to conveen But the King went on told the Ministers thereafter That there should be no agreement betwixt him them untill the marches of their jurisdiction were rid that they might not speak in pulpit of the affaires of the Estate or Councell that no Generall Assembly should meet without his special command that Church judicatures should meddle with fornication luch like scandalls but not with causes whereupon his lawes do strick shortly thereafter Mr Blake was summoned did decline his declinature was owned by severall hundereds of Ministers when King Iames saw this he laboured to ensnare the Ministery therefore invented the bond which was mentioned Sect. 1. Pag. 27. whereby any may see what was intended designed But when he is in possession of the crown of England then the poor Church findeth his hand heavier then formerly for Anno 1606. Six Ministers were convicted of treason condemned for declineing the councell as an incompetent judge in matters ecclesiastick all by vertue of the Act of Parl. 1584. And the Parliament which did meet that yeer 1606. to make all sure did acknowledge his Maj. soveraigne authority princely power royall perogative privilege of his crown over all Estates persons and causes whatsoever and ratifieth approveth and perpetually confirmeth the same at absolutely amply and freely in all respects and considerations as ever his 〈◊〉 or any of his royall progenitoure Kings of Scotland in any time by gone possessed used and exercised Thus was the copestone of this supremacy put on againe And at that pretended assembly at Glasgow Aâ—…no 1610. it was acknowledged that The indiction of the Generall Assembly did appertaine unto his Maj. by the prerogative of his royall crown And it was ordained that the oath which is set down before pag. 37. be sworne by all ministers at their ordination the Parliament which conveened Anno 1612. ratified all this And finally Anno 1633. in the 1 Parl. of King Charles Act 3. that Act which was made Anno 1606. was againe ratified this conclusion was drawne from it that he hath power to prescribe what apparell he thinketh fit for Kirk men which was done of purpose for this end that his Maj. might with greater facility get the use of the surplice by Ministers established by law and practised And now by all this any may see what is the nature of that supremacy which the higher powers have been all alongs grasping after which the faithfull servants of Christ have been withstanding according to their power But in the last place the sense meaning of this late Parliament which did tender the oath must be sought out of their acts actings out of some commissions granted by his Maj. thereby it shall be seen what ground there was of scrupling at the oath how the feares of such as did then scruple at the oath were not groundlesse seing the after actings of king Parliaâ—… have abundantly confirmed the apprehentions which such had of their giving to the King of his taking more power in Church matters then themselves would then acknowledge or confesse did belong to him Now for clearing what power was then is now assumed by given to the King in Church matters these particulars may be noticed 1. When these Six or Seven Ministers who were cited before the Parliament had offored a sense in which they would willingly have taken the oath they could not be heard though they granted unto him in their sâ—…nse offered as much power in Church matters as the word of God the confessions of faith both of the Church of Scotland of other reformed Churches did allow for they did grant that his soveraignity did retch ecclesiastik causes objectively though in its own nature it was alwayes civill extrinsick But this did not satisfie therefore it was evident enough that they did intend some other thing by that oath then every one could well see 2. In the 4. Act of their first session it is made a part of the Kings prerogative That none of his heighnesse subjects of whatsoever quality state or function presume to convocat conveen or assemble themselves for holding of councells to treat consult determine in any matter of state civil or ecclesiastick except in ordinary judgments without his Maj. speciall command of expresse license had obtained thereto under the paines c. By which it is apparent that they will have no Church judicatories without his command or license otherwise his prerogative is violated so it is a piece of his perogative supremacy to have all these assemblies depending â—…o upon him as civill meetings do that is that they shall be null without his expresse consent and command for this part of the act is in every word conforme relative to that black act Anno 1584. viz act 3. parl 8. King Iam. 6 by which all Church judicatories which had been set up conforme to the second book of discipline viz sessions presbyteries synods were discharged 3. In the 16 Act of the first session concerning religion and Church government they say That as to the government of the Church his Maj. will make it his care to setle secure the same in such a frame as shall be most agreeable to the word of God most suiteable to monarchicall governement most complying with the publicke peace quyet of the Kingdome in the meane time his Maj. with advice consent foresaid doth allow the present administration by sessions presbyteries Synods So that by this act it is clear that they think that there is no particular forme of Church government sâ—…t down in the word 2. That every nation is left at liberty in this to choose what forme they will as most suitâ—…ing to civil government complying with the people temper 3. That he is judge of what forme of government is most agreeable to the word of God 4. That this governement must be some other government then that which is by Sessions Presbyteries and Synods which is but allowed in the interim 4. There is a commission or act from his Maj. for a Nationall Synod ratified by Parliament in their second Session which is worth the noticeing the Act is thus worded For as much as the ordering disposall of the externall government of the Churh the nomination of the persones by whose advice matters relating to the famine are to be setled doth belong to his Maj. as an inherent right of the Crown by vertue of his prerogative Royall supreme authority in causes Ecclesiastick And in prosecution of this trust his Maj. considering how
whatsoever to enter into leagues and Covenants or to take up armes against the King or those commissionated by him and that all these gatherings convocations petitions protestations and erecting and keeping of Councell tables that were used in the begining and for carrying on of the late troubles were unlawfull and seditious And particularly that these oaths whereof the one was commonly called The nationall Covenant as it was sworne and explained in the year 1638 and thereafter and the other intituled A solemne league and Covenant were and are in themselves unlawfull oaths and were taken by and imposed upon the subjects of this Kingdom against the fundamentall lawes and liberties of the same And that there lyeth no obligation upon me or any of the subjects from the saâ—…ds oaths or either of them to endeavour any change or alteration of the government either in Church or state as it is now established by the lawes of the Kingdom May not the heavens be astonished at this And may not all the world wonder that the only qualification necessary or qualification sine qua non of a Magistrate who should be a man fearing God a Man of truth c. Exod. 18 21. 2 Sam. 23 3. Neh. 7 2. 13 13. should be periury of the deepest dye May it not be for a lamentation that no other should be in a capacity to administrate justice but such as are singular for unfaithfulnesse Cicero in offic Lib. 1. sayeth the ground work of justice is faithfulnesse and truth that is to say constancy and truth in words and Actions and how can such execute justice betwixt man man presse faithfulnesse in words Actions who are ringleaders in unfaithfulnesse themselves How can they presse force others to stand to their obligations compacts when themselves have broken all bonds declared themselves not obliged to stand to any obligation which they have made unto the great God of heaven earth What justice can be expected from them who will make no conscience of their oath de fidelâ—… administratione And how can it be expected that such shall make any conscience of their oath de fidelâ—… administratione who have already declared avowed themselves perjured foresworne For it is a presumption in law that qui semel malâ—…â—…mper malus in â—…odem genere How can such be judges in a reformed land who would not be suffered to be judges amongst heathens How can those be admitted as judges in Scotland whose oath according to the lawes constant practique thereof will not be admitted before any judge in a matter above Ten shillings money of Scotland But oh how few is there found of all the Magistrats in the land who have refused to subscribe this declaration And how may this stand on record to the perpetuall infamy the punishment assigned to perjured persons by the law of the 12. Tables of this generation that it did both sweare a Covenant with God now hath openly avowedly anulled cancelled broken the same thereby declared themselves to be the most infamous perjured generation that ever stepped upon ground And a generation whose oaths let be their words promises are no more to be regairded then if they were all Samniteâ—… with whom as Liv. sayeth Annal lib. 9. the Romans refused to enter in termea of peace because of their frequent treacherous Actings or Carthaginians of whom it is said that they were alwayes perjured or Cretians who are alwayes lyars Tiâ—… 1 12. And what will binde such whom oaths will not binde How fitly may that of Iavâ—…nal 〈◊〉 Satyr 13. be applyed to this generation Sunt qui in fortunâ—… jam casibus omniâ—… pâ—…nunt Et nullo credunt mundum rectore movers Natura volvenâ—…e vices lucis anni Atque ideâ—… inâ—…repidi quacunque altariâ—…ngunt Est alius metuens ne crimen poâ—… sequatur Hic putâ—…t esse deoâ—… pejeraâ—… atque â—…a secum Decernat quodâ—…unque volet de corpore â—…ostro Isis c. The weight on fortune some lay of each thing And think no God the world doth governe Nature alone by runing round doth bring About both dayes and years hence they do learne To touch each altar without fear And boldly every thing to swear But others feare lest plagues their guilt pursue Thinke there are Gods who punish will such crimes Yet they 'll for sweare o such a wicked crue Resolving so to do at severall times Let God decerne with what desease He will us punish if he please And how many now are regairdlesse of all oaths to whom that of juvenal 〈◊〉 Sat. 13. doth fitly quadrat Vt sit magnatamen certe lentâ—… ira Deorum est Sicurent igitur cunctos punire nocentes Quando ad me venient Sed exorabile Numen Forâ—…asse experiar Solet Hic ignoscere multi Committunt eadem diverso crimina faâ—…o Ille crucem sceleris pretium â—…ulit hic diademae And that Ibid. Tam fdcile pronum est superos contemnere testee i. c. Suppose it true that divine wrath be great Its pace is slow so will it come but late If it a truth be that the Gods doe care To plague punish all who guilty are How longe a time I pray thee may it be Before they come to reckon reach me Yea I may mercy find God's exorable He useth to give pardons is able It 's often seen that men doe perpetrate The same vile crimes yet with diverse fate One hath the gibbet for his crimes reward To others crowns for crimes are oft prepar'd So bent are men now to defy Heavns-witnes ev'n the Deity But moreover this oath must be pressed on others beside the persons mentioned by the privy councell which hath power for this effect though already many alas too too many have subscribed this declaration thereby abjured their former oath engagement so not only have brought infamy disgrace upon themselves but have also hainously provoked the Lord to send a sword which shall avenge the quarrell of his covenant the broad curse which shall consume both the timber the stones of their houses Others cannot be blamed for refuseing to write after their copie If these three things be considered 1. How sinfull hainous a crime it is to break these covenants 2. What dreadfull judgments may be expected to follow upon the breach of covenant 3. How weak the grounds are whereupon such goe as cry down the lawfulnesse standing force of these covenants The first of these shall be spoken to in this Section the rest in the following Sections The sinfulnsse then of this practice will appear if these Tuelue particulars be considered laid to gether 1. There is in the breach of these covenants a clear breach of promise All covenants are promises these covenants have in them a plaine clear promise Now a promise is arationall Act of a man as Aquin. sayeth 22
AN Apologeticall Relation Of the particular sufferings of the faithfull Mâ—…nisters professours of the Church of Scotland since August 1660. Wherein severall questions usefull for the time are discussed The King 's preroâ—…gative over Parliaments people soberly enquired into The lawfulnes of defensive war cleared The supreme Magistrats power in Church matters examined Mr Stilling fleet 's notion concerning the divine right of formes of Church Government considered The author of thâ—… seasonable case answered other particulars such as the hearing of the Curats appearing before the high commission court c. canvassed Together with the rise reigne ruine of the former 〈◊〉 lats in Scotland Being A brieff account from History of the Government of the Church of Scotland from the beginning of the many troubles which Prelats have created to her first last For satisfaction of strangers incouragement of present 〈◊〉 By a well wisher to the good old cause JER 50 34. Their Redeemer is strong The Lord of hosts is his 〈◊〉 〈◊〉 shall thorówly plead their cause that he may give rest to the land 〈◊〉 quiet the inhabitants of Babylon MIC 7 9 10. I will bear the indignation of the Lord because I have sumed 〈◊〉 him untill he plead my cause execute Iudgement for me â—…e 〈◊〉 bring me fâ—…rth to light I shall behold his righteousnes then sheâ—… that 〈◊〉 mine enemy shall see it shame shall cover her which said unto me 〈◊〉 is the Lord thy God Mine eyes shall behold her now shall she be 〈◊〉 down as the mire of the streets ISA. 51 22 23. Thus saith the Lord thy God that pleadeth the cause of his people Behold I have taken out of thine hand the cup of trembling 〈◊〉 the dregs of the cup of my fury thou shalt no more drink it again But I â—…ll put it into the hand of them who afflict thee which have said to thy soule 〈◊〉 down that we may goe over thou hast laid thy body as the ground 〈◊〉 〈◊〉 â—…reas to them that went over Printed in the Yeer 1665 The Epistle to the READER Christian Reader This is a time wherein little or nothing is heard from the Churches of Christ all the world over but lamentation woeâ—… partly by reason of grievous afflictions sore persecution which is none of the worst conditions partly by reason of woefull and shamefull defection falling from former zeale integrity occasioned either by the temptations which usually attend sharpe tryalls of affliction whereby the weakness of many perversness of heart in moe is discovered Or without any such force of externall temptation from an inward decay of life love wearying of God his wayes the Worst condition that a Church can be in which is now the Epidemicall plague of this age Hence it is that the Lord seemeth to be angry with all ready to reject some of his Churches which to him are as a generation of his wrath Have not his people set up their abominations in the house which is called by his name to pollute it And may it not be feared that the curse shall devoure the earth they that dwell therein shall be made desolate because they have transgressed the lawes changed the ordinances broken the everlasting Covenant There appeareth now hanging over the head of the poor little flock of Christ a black dreadfull cloud threatning no lesse then utter ruine overthrow or at least speaking a loude alarme for awaking the secure sleâ—…ping Bride It is most sad to behold how little the Churches of Christ in every place are affected with this imminent stroke ready to light on all to see some of them quiet at rest singing a requiem to themselves as if though dispensations from the Lord doe speak the contrary to all who will but open their eyes their mountaine stood so strong as never to be moved This deadness deepe security when all things speak an approaching storme as it doth evidence a great Judgement spirituall plague from God upon the Spirits of people so it dothpresage no less then remediless â—…uine if God in the riches of his mercy prevent it not What a dreadfull night of confusion astonishment must be at hand when there is such blackness without And such deadness prodigious security within Are not the enemies of the Church as Gebal Ammen Amalek The Philistines those of â—…yre Assur the Children of Lot who are early late at their master's work devising plotting the ruine destruction of the interest Kingdome of Christ Are they not all combined together acted with the same Spirit of Antichrist for this very end purpose to helpe forward as with one shoulder to raise up his fallen interest heale his wound And are they not setting themselves to thrust King Iesus from his throne to put the crowne from his head the scepter out of his hand so to prey upon devour his little flock that if it were possible they should be no more a nation nor their name remembered any more And are they not about the swallowing up of the protestant interest as in a moment And what is the Church of Christ doing all this while Doth she stir up her selfe to call upon her head husband or to awake the watch man of Isreal who neither slumbereth nor sleepeth Is she upon her watch-tower looking out guarding against the approaching enemy or observing his motions Ah not so She is fast a sleepe while the enemy is within the walls And which is more sad lamentable with her own hands she hath helped to make the breach in the wall at which the enemy hath entered now hath faire advantage given him to accomplish his bloody designe against the protestant cause interest So little hath she gained by her sinfull compliance with the opinions practises of Antichristian men whether through base feare or carnall prudence even the cutting of it off And the bringing of his people back againe unto Babylon Who knoweth but though the Lord's enemies shall at last be troden under as straw for the dunghill he shall spread forth his hands in the midst of them as he that swimmeth spreadeth forth his hands to swim bring down their pride together with the spoiles of their hands lay low in the dust bring to the ground even the high fortresse of their wall so make all his enemies know that there is a King in Zion who shall must reigne untill all his foes be made his footstoole the onely wise God who knoweth how to turne every thing to the best may suffer the adversaries to prosper in their device designe so give up many of the people called by his name to the sword of the enemy that others may be alarmed awaked from their sleep put to their prayers even to calling upon God with their whole heart
not fainedly O that they were wise would speedily prevent this deadly blow by repentance by serious considering how they have fallen from their first love have forgotten their first workes O that they would think of returning to the most high with fasting weeping mourning renting their hearts not their garments of turning unto the Lord their God who is gracious mercifull slow to anger of great Kindness repenteth him of the evill However his people are called to minde that word Isa. 26 20 22. Come my people enter thou into thy chamber shut thy doores about thee hide thy self as it were for a little moment untill the indignation be over past for behold the Lord cometh out of his place to punish the inhabitants of the earth for their iniquity The earth also shall disclose her bloâ—…d shall no more cover her slain In these following sheets there is some account given thee of the sad deplorable condition of the Church of Christ in Scotland It is wonderfull to see how variously Satan doth assault the Churches of God some one way some another That crasty cunning adversary doth suite his baits snares to the severall complexions of people Churches against which he opposeth himselfe Some have the tryall of cruel mockings scourgings others meet with bonds imprisonment and others with triall of some other Kinde Against some Satan doth raise cruel bloody persecutions others he endeavoureth to draw away from their stedfastness zeale by ensnareing allurements a third sort he invadeth with all his troupes forces at once And thus is the lately glorious Church of Scotland tried this day Upon the one hand he raiseth up against her men of corrupt mindes destitute of the truth who make sharpe their tounges like a Serpent under whose lips is the poison of adders These have vented doe vent most bitter slanders reproaches against her the way of reformation which the hand of God wrought in her On the other hand he hath raised within her a most cruel persecution by a popish prelaticall malignant party setting them on with rage against all who desire to keepe themselves unspotted free of the contagions of this evill time forceing some by cruel sore persecution ensnareing others that are more simple deceiving drawing them into their nâ—…t thereby causing many to comply with them in their wicked wayes to run with them unto the same excesse of sin wickednes Yet hithertill for which the name of the Lord is alone to be Magnified the designes devices of these Matchiavellian Ahitophels bloody persecuters have not taken such effect as they either wished or expected It is true many Alas too too many have been carried away with the streame and willingly walked after the commandement to the great dishonour of God amazement of nations about rejoycing of the heart of the ungodly to the great stumbling grief of the truely tender godly in that land so as the defection of that Church may be matter of astonishment to the present after generations Yet it is her mercy that there are not a few in her whom conscience Christian tenderness in their walke hath exposed to sad sufferings who therow grace have resolved to keep their garments cleane to preferre the peace of a good conscience to all the treasures of Egypt holding faith a good conscience of which many make shipwrack in the Lord their master's strength to hold fast their integrity to maintaine their ground though bonds afflictions should abide them The justification defence of such is the intended scope of this following treatise Which how well managed is left to thy discretion to Judge It is like such a worthy noble cause may suffer prejudice through the weakness of him who here doth appeare in its defence wherefore it is wished that some more able pen be engadged in this worke for clearing to the world the present sad case of that Church And vindicating her from aspersions calumnies which her adversaries laboure to fasten upon her To speak in the justification of such a mother would well become the most eminent of her Children It would be so far from being below them a disparagement that they might justly account it their glory to lay out themselves in the out most of their strength parts for the defence of such a cause when so few doe avow openly declare their owning of adherence to it But untill the Lord shall be pleased to stir up set on worke some more able to prompt them with a spirit of zeale courage for such an undertaking thou must rest satisfied with this poor essay for the time Only thou mayest give charity to the author that it was not his intention to wronge in the least so glorious a cause But seeing none else did undertake or appeare in it for any thing known to him He desired in a few words that something though it should prove little better then nothing might be said in for it to make it known how worthy it were the thoughts paines of a more able head hand to deale in Many It is like will be the exceptions taken at this piece moe then can now either be thought upon or obviated such as are most obvious wee shall endeavour to remove by briefly touching answering them Some may think it strange that a piece of this nature intended as appeareth from its straine for satisfaction of Churches abroad cometh not forth in a latine-dresse It is true it was intended at first so moulded drawn up as it might be published to the world in latine for the satisfying of strangers Churches abroad But upon second thoughts When the case of the suffering people in that Church Kingdome was considered It was thought expedient that it should first be published in English That such as had hithertil valiantly resisted to the losse of their meanes liberty might be strengthened confirmed in their resolution And the more encouraged to endure afflictions when they should see that they did suffer for righteousness sake that they were called thereto of God that others might be quickened to fol low their footsteps who had so cheerfully gone before them in the way Having hereby their doubts cleared scruples removed their judgements convinced in the point of duety this was found even necessary at such a time when their temptations did abound their faintings were like to grow when such as were able to give advice in difficult cases to encourage the weak were thrust away So the consulting of their present necessity did hasten it forth in this dresse Besides that many both in England Ireland may receive information edification hereby of which they should have been deprived if it had been published in latine Afterward if it be thought
necessary expedient this or some other may be published to the world in Latine with lesse prejudice to the present sufferers Next some may think that severall questions here handled might have been forborne especially such as touch upon the civil Magistrat his power prerogative seing in all probability he shall be the more enraged thereby It is true Higher powers will not take well such free round dealing But what â—…medy is there Amicus Plato Amicus 〈◊〉 sed 〈◊〉 â—…mica vâ—…ritas it had been a just ground of offence If to please the higher powers truth had been betrayed when necessity did call for witnessing unto it The interest of Christ is much more to be valued Then the pretended imaginary interests of the highest powers on earth The work of God ought to be justified who ever be offended therewith And when many of the Lords worthy pretious ones have adventured layd downe their lives in the carrying on of such a work unto which they were called of God can it give just offence to any to heare it now pleaded for because it is maligâ—…ed blasphemed yea such an essay as this in defence justification thereof at such a time should in reason be accounted the more seasonable necessary If there be any unbeseeming expressions or savouring of passion these shall willingly be disowned provideing that the cause suffer no prejudice thereby knowing that the wrath of man worketh not the righteousnes of God And that no railing accusation or speaking evill of dignities which is condemned in the word ought to be approved Yea the reader shall find upon narrow search considering the matter that much more plainnesse sharpenesse might have been used in such a dispute And that as much inoffensivenesâ—… hath been studied as might be without hurt to the cause And that purposely many particulars which might have been mentioned have beene passed by And that no particulars have been pitched upon but such as are still upon record in their printed Acts or were publickly acted concluded in their publick meetings And as to these consequences drawn from their Acts actings which appeare dangerous destructive to the throne let such as have laid the foundation in the premises see to that ex veris nilnisi verum Who give twice two cannot be justly offended with any who shall thence conclude that they give foure whether the Consequences be cleare undenyable or not the reader now hath it before him to judge As to the Kings supremacy in Church matters no truely reformed divine can justly take any exception against that which is here spoken upon that head The priviledges of the crowne scepter of christ should be highly valued earnestly contended for by all who call account themselves Christians a discourse or debate on that subject cannot but be accounted necesâ—…y at this time when the powers of the earth as would appeare have combined together to rob Christ of his crowne to share his priviledges amongst themselves to the great scandall of the Gospel prejudice of the Kingdome interest of Christ in souls through the world Further it is like some would have wished that the historical part contained in the first second sections had been much more large Such may know that brevity was studied as much as could be all alongs yea so much that it may be feared the reader shall thinke it the more unpleasant in reading that the scope intendment of that part of the tractare was only to give a hint of the many various troubles which prelats from the beginning had created unto that Church by what steps wayes she was brought under their yoke so that a large history could not be expected It is true such a worke as that would be both most seasonable usefull in this juncture of time And it were to be wished that such as have the History penned by the learned industrious Mr Calderwâ—…od would think upon the most ready effectuall way for publishing it that the world may have a full clear satisfactory view of the many tossings which that poor Church hath endured the many wrestlings which she had with a popish prelaticall malignant party from the beginning Meanwhile Mr Knox Mr Peâ—…ree their Histories Vindâ—…ciae Epistolae Philadelphi Printed with altare damascenum Mr Spang's Historia motuum c. the Nullity of perth assembly the course of conformity such other printed pieces together with the Printed Acts of generall assemblies since the yeer 1638. will give some light to such as peruse the same Many no doubt will think it strange that there is no mention made here of the sufferings of that worthy renowned instrument of the worke of reformation the zealous faithfull Lord Warisâ—…oun As to this the reader may know that this was occasioned onely through the want of a full information of his case of the grounds on which the Parl. did goe in takeing away his life condemning him to death as some notorious malefactour to be hanged his head fixed on the port of Edinburgh near to the head of worthy famous Mr Guthry who speaketh when dead This know that after the King's returne to England And after the imprisonment of the truely noble Marquis of Argyle in the Tower of London he sent orders to Scotland to cause apprehend him some others but he receiveing intelligence hereof did withdraw by the good hand of God was secretly conveighed out of the Kingdome upon which the Parliament when assembled did declare him fugitive So that he was necessitated still to withdraw knowing that for the good service he had done to Christ evill was determined against him if he should fall into their hands which afterward came to pasle It is certaine also that while he was abroad at Hamburgh visited with sore sicknes one Dr Bates one of the King's Phisitians worthy to be cast unto the bates rather then to live amongst Christians Intending to kill him contrary to his faith office did prescribe unto him poison for Physick and then caused draw from this Melancholy-Patient sixty unces of blood whereby though the Lord did wonderfully preserve his life he was brought neer the gates of death made in a manner no man Having lost his memory so that he could not remember what he had done or said a quarter of an houre before In which condition he continued till his dying day but all this did not satisfy his cruel bloodthirsting enemies he was sought after carefully at length given up apprehended at Rowan in France sent to England where he did continue a prisoner in the Towre of London untill the last session of Parl. in Scotland Anno 1663. Where even when he was not able to speak in his own defence being to the conviction of his adversaries no man far much different from that Lord Warisâ—…oun
noble just much owned honoured of God There is the greater ground of hope that God will helpe such as shall undertake the defence thereof the cavils of men who may be looked upon as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in most of these particulars are tâ—…e lesse to be feared But Christian reader what entertainment so ever it shall have with these who have out lived their zeale integrity have shamefully declined in the day of tryall And have betrayed the cause interest of Christ therefore shall looke upon themselves as not a little concerned herein pinched hereby being unwilling to have their evils ript up laid open to the view of the world Let it have a Christian entertâ—…inment with thee though it come late to thy hands through the injurie of the times let it not be the lesse welcome If the Lord shall be pleased to blesse it it may be of use for thy strengthning in this growing storme upon severall accounts grounds whereof I hint but a few 1. By what is said here thou mayest see that the cause thou sufferest for is the good old cause That same Spirit which acted the Prelats other enemies of the Church of Scotland from the beginning is now raging in her present enemies The same designe is hath been endeavoured driven on all a longs How various so ever the pretexts colours have been under which they have sought to cover themselves the covering hath proved too narrow for them first prelacy then popery was intend first last It is the same cause in the defence of which Christs worthies of old did act suffer so long as they could stand in the defence whereof they were not afrayed to beare the displeasure of King court to hazard life liberty all which waâ—… dear unto them If then the same Spirit doth act worke in the enemies of the Church now which did act worke in their predecessours of old pray thou that the same Spirit of God may act thee all the faithfull of the land which did appeare in the worthy valiant Champions of old whether thou be called to act or suffer for his sake 2. Thou mayest know from what is here related that the cause for which thou art now suffering was brought very low before these times And that the adversaries thereof have often got up to a great height yet the good cause hath got above them And how Acts of Parliament one after another all the devices of the adversary to seale the grave And to make it sure could not keep this cause of Christ from a glorious resurrection Many a time have they afflicted me from my youth might the Church of Scotland then have said many a time have they afflicted me from my youth yet have they not prevailed against me The plowers plowed upon my back made long their furrowes The Lord is righteous he hath cut asunder the coards of the wicked And shall it not yet hold true that all they who hate Zion shall be confounded turned back be made as the grasse upon the house topes which withereth be fore it be grown up There is no cause of despondency of spirit or of giving over the cause as lost there is hope in Israel concerning this matter his people may still hope trust in his name who hath wrought salvation of old He who did put that wicked party to shame confusion of face in former times made the name of Prelats to stink their posterity to be as cursed vagabonds wandering up down bearing the marks of god's displeasure still liveth reigneth doth no more approve of the Ungodly of this generation Nor of their more then barbarous carriage who have laboured to out strip their predecessours in perfidious treachery Then he did them who of old did set themselves against the Lord his Christ yea much lesse It is true the men of this generation think they have pins for stopping of such holes which their predecessours could not stop but he who sitteth in the heavens doth laugh at them hath them in derision He seeth that their day is coming It is easie with him to cause the sword which they have drawn to slay such as are of upright conversation enter into their own hearts to break the bowes which they have bent to cast down the poor needy Our God liveth reigneth shall reigne let Kings of clay rage as they will Therefore cast not away your confidence which hath a great recompence of reward for yee have need of patience that after ye have done the will of God ye may receâ—…ve the promise For yet a little while he that shall come will come will not tarry 3. Thou mayestsee that this cause work against which the wicked have conspired set themselves hath been signally owned approved of by the Lord for which he hath fought 〈◊〉 his right hand done valiantly whereby he hath got himself a name among the nations And who knoweth what God will yet doe for his great name which in this day of rebuke blasphemy is greatly reproached Hath he begun will he not finish his worke It is true the provocations of his people doe keep them long in the wildernes yet he who hath frequently wrought for his names sake that it should not be blasphemed amongst the heathen will still be tender of the same sith at this day there is much blasphemy belched forth by persons of all ranks against the great glorious works of God as much if not more then at any time or in any age wherein hath been lesse light The people of God need not be hopelesse much lesse conclude That God who is jealous of his own glory will not give it to another will suffer it now to be given to the devil on whom his work is fathered But rather will certanely be avenged on those prodigiously unparallelably impious sacrilegious persons How dreadfull a thing is it to say that Christ casteth out devils by Beelzebub the prince of devils 4. Thou mayest see clearly that the cause for which thou dost now suffer is the cause of Christ His enemies would pul the crown from off his head the scepter out of his hand by this meanes make him no King in over his Church consequently no mediatour For as mediatour he is a King in over his Kingdome that is his Church in which he dwelleth over which he ruleth with his scepter of righteousnesse They will not have his Kingdome a free Kingdome consequently they will not have him a free King They will not allow to him the liberty of appoynting or instituteing his own officers or to rule his Kingdome by his owne lawes courts ordinances censures Nor will they suffer Church-administrations to be performed in his name authority as in
onely to the prophets 2. The libertie of the Church and Discipline presently exercised was confirmed by diverse acts of Parliament and the office-bearers were now in peaceable Possession thereof And this he did and a Copy hereof was sent through the Presbiteries to see if they would owne the same and in testimonie of their chearfull hearty owning therof it was subscribed by three or fowre hundereth Ministers This displeased the King so that he by open proclamation commanded the Commissioners of the Church to depart out of Edenburgh within twenty fowr houres under the paine of rebellion but notwithstanding of this they resolve to stay to see that the Church priviledges should not be wronged send some of their number to speake to his Mâ—…j unto whom he answered that if Mr. Black would passe from his Declinature or if they would declare that the Declinature was not a generall but onely a particular one used in Mr. Blacks case alone as being a cause of slander pertaining to the judgement of the Church he would passe from the pursuite of Mr. Black But after consultation the Comissioners resolved to adhere unto the Declinature unlesse his Maj. would passe from the processe remitt the same unto the Church Judicatory would make an act of Councill declareing that no minister should be charged for his preaching c. Whereupon the King charged the Commissioners of new to depart caused cite Mr. Black unto the last of November withall dischargeth all Barons Gentlemen others to meet with ministers in their Church assemblies without his licence When the day of Mr Blacks compearance cometh the Commissioners presente a supplication desiring them to remitt the question unto the Judge competent but the Councill goeth on therefore they protest that the processe in hand whatsoever followed thereupon should not prejudge the liberty of the Church in maters of Doctrine Afterward the King sendeth unto the Commissioners shewing he would be content with Mr. Blacks simple declaration of the truth But worthy Mr. Bruce answered That if the mater did touch Mr Black alone they were content but the liberty of Christs Kingdome had received such a wound by the Proclamations published the last Satterday that day by the usurpation of the Council that if Mr Blacks life the life of twenty others had been taken it had not grieved the hearts of the godly so much that either these things behoved to be retreated or they would oppose so long as they had breath Then the King condiscended to publish by a Declaration that he would not diminish any lawfull power or liberty which they or their Assemblies had either by the Word of God or lawes of the land that the proclamation discharging Barons others to meet with ministers was onely meaned of their meeting in armes that the Interloquâ—…tor of the Council should not be used against Mr Black or any other minister untill a lawfull General Assembly providing that Mr Black would declare in his presence the truth of the points libelled before some ministers But afternoon the Kings minde was found changed because Mr Black would not acknowledge an offence he is condemned by the Council his punishment is remitted to the King till his pleasure were known he is confined Then there is a bond devised to be subscribed by all the ministers under the paine of the lose of their stipends The tenor wherof followeth Wee the Pastors ministers of Gods word undersubscribing humbly acknowledging our duty to God obedience to the King our Souveraigne Lord whom for conscience cause we ought to obey Confesse that his Grace is soveraigne Judge to us each one of us in all causes of sedition treason other criminal civill maters to all our speaches which may import the saids crimes albeit uttered by any of us publickly in the pulpits which God forbid or in any other place that the said pulpits nor any other place whatsoever hath not that priviledge immunity to be occasion or pretence to any of us of declining of his Maj judgement in any of the saids civill or criminall causes intended against us in any time coming but rather that our offence is the greater incase which God forbid any of us commit such crimes in the saids pulpits before the people where the word of Gods truth salvation should be preached by us to our flocks In witness wherof of the humble acknowledgement of our duty in the premisses we have subscribed these presents with our hands are content that the famine be registrat in the books of secret Councell in futuram rei memoriam But faithfull ministers refused upon all hazards to subscribe the same seeing that it was a crossing of their Declinatour contrarie to the acts of the Generall Assembly to the acts of Parliament made in favours of the Church yea to the word of God because by this bond they should have acknowledged the King to be both supreme onely Judge over ministers in all causes so to have power of Judging deposing them yea of judging trying their preaching if it be but coloured with treason sedition of schisme in the Church which is sedition and seeing thereby they should be bound up from faithfull dealing in the name of the Lord because they saw it was devysed of purpose as a snare to their consciences After this Anno 1596. the king driveth on his designe indicteth an Assembly at perth formeth 55 problemes by which the Discipline of the Church formerly established was questioned to be there debatéd these problems with the following Historie at more length are to be seen in the Historie penned by Reverend laborious Mr Petry therefore a short relation shall suffice here being perswaded by his Courtiours that he should never gaine his purpose till first he took some course to breake the Union of the Church he prevaileth with Mr Patrik Galloway Mr Iames Nicolson who had been chief a little before in advising Mr Black to decline causeth Sr Patrick Murray deal with the ministers of the North to subscribe the bond to choose such such persons to the meeting at Perth and when the time of meeting cometh these Commissioners from the North were seen going in companies to the king Mr Nicolson was with the king till mid-night They were for all this two dayes in debating whether they were a lawfull Generall Assembly but honest men protested against it The meeting at length condiscendeth to these particulars 1. That no minister should reprove his maiesties lawes acts or ordinances untill such time as first he had by advyce of Presbitery Synod or Assembly complained or sought remedy of the same 2. That none should be named in pulpit except the fault were notour by the persons being fugitive convicted by ane Assise Excommunicated contumacious after citation or lawfull
admonition and none should be vively described except by publick vices alwayes damnable 3. That there should be no summary Excommunication untill the next Generall assembly 4. That there should be no meetings among ministers except in Church judicatories and afterward they appoint fourteen of their number to reason upon the rest of the questions The next year Anno 1597. there is another Assembly at Dundee which being corrupted doth grant 1. That Ministers in their exercises at Presbyteries should make no application of doctrine 2. That Presbyteries should meddle with nothing but what without all question is Ecclesiasticall 3. That summare Excommunication be suspended 4. That Presbyteries should desist upon his Majesties desire Also at the kings desire they choose fourteen of their number giving power to them or any seven of them to advise with his Maj. about a way of setling stipends unto ministers to provide ministers to eminent places of the Countrey to present petitions grievances of the Church to his Maj. to give his Maj. advice in maters serving for the good of the Church These pretexts seemed plausible to many but the event will shew what was really intended For ere long these Commissioners as they were called incroach upon the power of Presbyteries Synods whether the Presbytery of Saint Andrews would or not did put both Mr Wallace Mr Black from the Church of Saint Andrews put in one Mr George Gladstons then at their own hand they did supplicat the Parliament which conveened in December That ministers as representing the Church the third Estate of the Kingdome might have liberty to vote in Parliament an evill under which the Church had been groaning before of a long time The parllament thinking but without ground that the ministers would never take upon them the titles of the former Prelats passed this Act. That such ministers as his Maj should be pleased to provide to the place title and dignity of a Bishop Abbot or other prelate should have that liberty and as concerning their office in the spirituall policy of the Church it was remitted to be advised by his Maj aggreed upon with the Generall Assembly that without prejudice of the spirituall Jurisdiction Discipline of the Church permitted to Generall Assemblies Synods Presbiteries Sessions established by Law Then they move the King to call an Assembly at Dundee before the time appoynted to the end they might get their own deed approven where after much worke after many threatenings to some promises to others made by the King himself who was there present had commanded Mr Melvin Mr Iohnston Professours of Theology in St. Andrewes forth of the town under the paine of banishment their deed is approven But zealous faithfull Mr Davidson arose protested in his own name in name of all the ministers of Scotland who would adhere to his protestation against that Assembly the two last preceeding Assemblies as null not lawfull when he removed severall of the ministers followed him subscribed the same The meeting went on renewed the former Commission unto twenty Commissioners whereof nine should be a quorum among whom was Mrs Iames Nicolson George Gladstones David Lindsay Alexander Lindsay Andro Knox Gavin Hamilton Alexander Douglas whom the king by any means would have named who were all bishops afterward Thereafter there were severall meetings as one at Falkland Iuly 29. 1598. where were some debates about this mater some cautions condiscended on limiting these Parliamentary Ministers To propone nothing without expresse warrant from the Church To be accomptable to the Generall Assembly subject to their Presbitery Synod To usurp no power of Jurisdiction or Ordination but every way else to cary themselves as other ministers the like to all these other points necessary they were bound to swear subscribe But how litle regard was had to these Cautions sworne subscribed may be seen by what Spotiswood sayeth in his History pag. 453. viz That it was neither the Kings intention nor the mindes of the wiser sort to have these Cautions stand in force but to have matters peaceably ended the Reformation of the policy made without any noise they gave way to these conceits So was there another Meeting at Halyrood house in November 1599. but in all these meetings the honest party could prevail nothing the king did so violently cary on his purpose Anno 1600. There is a Generall Assembly at Montrose where the matter is againe debated but no answer made to the arguments of the honest party onely the Kings authority is made use of as an answer to all And so at length what by menaces what by flatterings made by the king himself who was there present the former resolutions are concluded onely they allow of the Cautions condiscended on at Falckland will have these Parliamentary Ministers to give an accompt yearly unto the Generall Assembly lay down their Commission But these Commissioners or Parliamentary ministers being mounted up so high thought it below them to stand to any promise or condition having never resolved so to do as we have heard out of Spotiswood who in his latine pamphlet called Refutatio libelli c. sayeth also the same Conditiones quod attinet quas foede violatas clamitat in nonnullas utpote aequas jujlas facile assensum aliae pro tempore magis quo contentiosis omnis rixands ansa praeriperetur quam animo in perpetuum observandi acceptae that there were some of these Cautions which they never intended to keep onely they did accept of them that more peaceably they might be put in possâ—…ssion of that which they were gapeing for Thus it is undenyable that these men arose to Prelacy by open and avowed perjury as their successours of late have done Anno 1601 1602. The Assemblies follow forth his Maj. designe for there was a complaint given in by the Synod of â—…ife against these Parliamentary ministers as breaking all bounds cautions but they are not heard That assembly 1602. do indict their next meeting at Aberdeen in July 1604. but the Parliamentary ministers fearing that they should be called to an account move the king to prorogue the same unto July 2 An. 1605. yet the Commissioners from St Andrews presbitery viz Mrs Iames Melvin William Erskin William Murray went to Aberdeen the day appoynted presented their Commissions taking Instruments in the hands of two publick Notars before some ministers of the towne others When the next dyet Anno 1605. was approaching they move the King to prorogue againe the Assembly unto an indefinit time therefore from London he sendeth to the Commissioners to stay the meeting of the Assembly untill he gave advertisement wherupon they write to severall Presbiteries in the South pairts adviseing them not to choose Commissioners to meet at Aberdeen the fifth day of July of purpose to deceive
flee About this time in other pairts of the Kingdome the ministers honest people who were urged could not give obedience resolved to follow a more regular way and to supplicat the Councell to give in a note of the errours contained in these books which accordingly they did so from severall pairts of the Kingdome there came Ministers professours with supplications sheweing how erroâ—…ons both the liturgy the other books were how dangerous a thing it was to bring in Innovations in a Church how the Reformed Churches of Austria were undone by the violent obtiusion of a liturgy how in the time of Charles the Great the Church was miserably rent some adhering to the Ambrosian Liâ—…gy others choosing the Romane of Oregorian Liturgy how dangerous it was to change the Worship bring in a worse how the King foure years before at his Coronation did solemly swear that he would alter nothing in the Kingdome of Scotland without the free consent advice of those having Interest Unto these Supplications the Councill at first gave a favourable answere told that it was not their minde to presse the publick use of these books that they had forbidden the Bishops to presse the use of these books any more that they had signified their minde to his Maj were expecting a returne The petitioners likewise sent their supplications to his Maj. with the Duke of Lennox who was then returning to London withall did wreastle with God by prayer faâ—…ing that he would incline the Kings heart to hearken unto their just desires would frustrate the endeavours of their adversaries But when the expresse cometh from his Maj. all the answere they get is an Edict published Octobr 18. commanding them to go out of the towne of Edenburgh within few hours under the paine of Rebellion When the Petitioners see this the next day they resolve to act all together joyntly that his Maj. might know it was not a few Puritanes as the impure Prelats were pleased to nickname them but a great mulitude of his Maj. most loyall subjects of all ranks who were dissatisfied And they draw up a complaint against the prelats desire liberty of the Councell to pursue them legally as being the onely authors of the Book of Canons liturgy which containe the seeds of Superstition Idolatry as being guilty of many other crimes that under the highest perrill And withall they shew the Councell that they could not leave the towne untill they saw some course taken for delivering the land from the present imminent dangers When the Councell saw that the number of the Petitioners was great dayly increasing fearing the worst they desired the petitoners would choose some of their number as their Commissioners to prosecute their business that the multitude might depairt this was yeelded unto But ere long the Councell is discharged by an Expresse from his Maj. to meddle any more in that matter Whereupon the Supplicants are necessitated to draw up a Protestation declaring that if any tumult arose through their prosecution of the Cause the Councell onely might be blamed as refusing justice When the Counsell heareth of this they resolve to hear the desire of the Commissioners advise the Bishops to withdraw themselves When the Commissioners compeer they show their Intention was to prosecute their business against the Prelats whom they would prove guilty of grievous crimes under the highest perrill therefore desired the prelats might be excluded it not being fit that parties should be judges The Councell because of the forementioned Expresse might do nothing Onely they write to his Maj. who thereafter sendeth for the Earle of Traquair but he for fear of the Prelats did misrepresent the Cause of the Supplicants returned with a Proclamation from his Maj. which he caused publish at Sterlin where the Councell was sitting in Febr. 1638 In which Proclamation the King owned the books which the petitioners did supplicat against and condemned the meetings of the Supplicants as conspiracies contrary to the lawes of the Land Against this the petitioners prepared a Protestation a copy wherof was affixed at the Crosse of Sterlin herein protested against these Books as full of errours as Innovations against their refusing to receive libells against the Prelats against the High Commission Court obtruded on Scotland contrary to the fundamentall lawes of the land without any Municipall law That prelate should not be judges in their own cause And that all their own meetings were lawfull And that they could not forbear with a good conscience unlesse they should wrong the Glory of God the honour of his Maj. the liberties of kirk Kingdome And because they were commanded to depart forth of the town of Sterlin they go together towards Edenburg there after serious thoughts they finde the maine procureing cause of all these calamities to be the violation of the Nationall Covenant therefore unanimously they resolve to renew that Covenant accordingly they draw it up with some explicatory additions confirmations out of the acts of Parliament binde themselves to adhere unto defend the true Religion forbearâ—…g the practise of all novations already introduced in the matters of the worship of God or approbation of the corruptions of the publick government of the Kirke or civill places power of Kirkmen till they be tried allowed in free Assemblies in Parliaments to labour by all meanes lawfull to to recover the purity liberty of the Gospell as it was established professed before the foresaid Innovations promise swear to continoâ—… in the profession and obedience of the foresaid Religon â—…resist all contrarie errours and corruptions ând that they had no intention to attempt any thing that might turne to the dishonour of God or to the diminution of the Kings greatness and authority and to defend themselves mutually in the same cause c. When the Covenant is thus drawn up it was subscribed by all present copies thereof were sent to such as were absent being read in the Churches was heartily embraced sworne subscribed with tears great joy Great was this day of the Lords power for much willingness chearfulness was among the people so as in a short time few in all the land did refuse except some Papists some aspiring Courteours who had no will to displease the King some who were addicted unto the English rites Ceremonies some few Ministers who had sworne the oath at their entry which was mentioned Anno 1612. Yea such willingness was among the nobles others that they had their own copies of the Covenant subscribed by others of the Nobles Barons ministry laid up in their Charter chists where possibly many of them are at this day When matters are at this passe the Prelats do animate his Maj. to a war and the Covenanters desireing his Maj. might be rightly
informed wrote unto the Duke of Lennox marquis of Hamilton the Earle of Morton to know if his Maj. would accept of a supplication sent one unto them to be presented by them but the king would not look upon it at length he is moved to send the marquis of Hamilton down toward Scotland to labour by all means to setle peace But in the mean time there is a ship sent from London with Amunition unto the Castle of Edenburgh which because not usuall was taken notic of the Covenanters fearing the worst resolved to watch the Castle that none of it should be taken in When Hamilton cometh down the Covenanters petition for a free Generall Assembly a lawfull Parliament He replyeth that he was not able to grant either unlesse they would render back their subscribed Covenant but this they could not do without open perjury So that he resolveth to returne but first July 4 he published a Declaration against which contrary to their resolution for they were made to beleeve it was some other thing then indeed it was they drew up a Protestation hearing that the Councell had approved of the said proclamation they prepare a supplication but the Councell did not suffer the Act to be recorded but did tear it in Pieces thereafter Hamilton the most part of the Councell declared solemnely that the act of the Councell was no approbation of the same but a warrant to the Clerk to cause publish it When the Marquis of Hamilton was going back to London againe he promiseth to procure a warrant from his Maj. for a Generall assembly before the 22 of Septr otherways they should have free liberty to appoint one themselves And when according to his promise he returneth againe he bringeth a proclamation with him tacitely condemning all the proceedings of the Covenanters marring the freedome of an Assembly and therefore the Covenanters were constrained to make use of a Protestation against it Sept 22. On the same day also did the Councell publish his Maj. Indictment of an Assembly to be holden at Glasgow Nov. 21. of a Parliament to be holden at Edenburgh the 15 of May thereafter Anno 1639. As also a new engine is used for disappointing the Covenanters in their explicatory addition viz. The Councell at the Kings command subscribe the Nationall Covenant the bond for his Maj. preservation appoint Commissioners to see it done through the Kingdome but withall there is a clause added viz. We subscribe the Confession of faith of according to the date tenour Anno 1580. 1590. as it was then professed within this Kingdome supposing but by a grosse mistake that at that time Prelacy Ceremonies were then professed But the Prelats fearing this would not abide the triall desired the Councell to signe a writing obligeing themselves to defend Episcopacy Sâ—…o shew that Episcopacy is not abjured by the Covenant bâ—… 〈◊〉 deâ—…e was not granted At the day appointed the Assembly at Glasgow is opened up notwithstanding of some indirect meanes used by the Prelats to hinder it The Prelats being summoned compeer not but decline the Judicatory Within some dayes the Marquis of Hamilton being the Kings Commissioner offers to dissolve the Assembly chargeth them to depart so removeth himself but though this was very astonishing yet they did resolve to hold the Court of Christ in so doing 〈◊〉 obey God â—…ather then man then did take into consideration the grounds of the Declinature which may be seen atlength in printed papers in Mr Spangs Historia Motuâ—… c. Upon the 29 of Nov. his Maj. Commissioner published a Proclamation commanding their dissolution against which there is a Protestation drawn up answering what was allaidged in the Proclamation The assembly do proceed after some search finde that all these Meetings of ministers which had brought in these Innovations that had troubled the Church so much were no lawfull Generall Assemblies by sundry reasons confirmed by the Registers of the Assembly by the books of presbiteries by the Kings Maj. own letters by the testimony of diverse old Reverend ministers verifying the same iâ—… the face of the Assembly and so declared that these meetings at Lithgow 1606 1608 at Glasgow 1610 at Aberdeen 1616 at St Andrews 1617 at Perth 1608. were from the beginning unfree unlawfull null Assemblies The reasons are more fully to be seen in the printed Records of the Assembly Likewise they condemne the book of Commâ—…n prayer because deâ—…ysed brought in by the pretended Pâ—…ts without direction from the Church and pressâ—…d on Ministers without warrant from the Church because 〈◊〉 contained a Popish frame forme of divine service many Popish errours ceremonies the seeds of manifold grosse Superstition Idolatry so repugnant to the Doctrine Discipline order of the Church to the Confession of faith constitutions of Generall Assemblies acts of Parliament establishing the true Religion So do they condemne the book of Canons as devised by prelats without warrant direction from the Generall Assembly to establishâ—…â—…nicall power in their own persons over the worshipe of God mens consciences liberties goods to overthrow the whole Discipline governement of the Church by Geneâ—…ll provinciall Assemblies by preâ—…biteries Sessions 〈◊〉 contrary to the Confessâ—… of faith the established goâ—…nement the Book of Discipline the acts Constituâ—…ons of the Church So they condemne the Book of Consc â—…tion Ordination as being inâ—…ced without waâ—… civill or Ecclesiastick establiâ—…hing offâ—…es in Godâ—… house without warrant of hiâ—… word as 〈◊〉 to the Discipline Constitutions of the Church as impeding the entry of fit â—…orthy men to the ministry the discharge of their duety â—…er their entry They condemne the High Commâ—… as â—…cted without the conseur of Church or State as subverting the ordinary Church Iudicatories as arbitraâ—…y not regulated â—…y lawes civil or Ecclesiastick as giving to Church men the power of both swords to persons meerly civill the power of the Keyes so as unlawfull in it self prejudiciall to the â—…ties of Christs Church Kingdome the Kings honour in â—…taining the established lawes Iudicatoâ—…ies of the Church â—…o do they shew declare that the five Articles or ceremoniesâ—…cluded â—…cluded at Perth of which mention was made before were â—…jured by the Nat. Covenant as may be seen at length in their 17. Act. As also they declare act 16. That Episcopacy â—…s abjured by the Confession of faith or Nationall Covenant Anno 1580. which shall be more fully cleared afterward So â—…ving examined discussed the severall processes given in aâ—…inst the pretended prelats They depose Excommunicaâ—… Mrs Spotâ—…swood of St Andrews Lindsay of Glasgow â—…dsay oâ—… â—…enburgh Sidserfe of Galloway Maxwell of Rosse 〈◊〉 of Brichen for breach of the Cautions aggreed on in the Assembly 1600. for receiving Consecration to
the advice of the Estates of parliament be furnished used for the kingdome 3. That all Scottish men within England Irland shall be free from censure for subscribing the Covenant shall be no more pressed with oaths subscriptions unwarranted by their lawes contrary to their Nationall oath Covenant approved by his Maj. 4. That all his Maj. Courts of Justice shall be free open to all men parliaments of the respective kingdoms may try and judge Incendiaries and that he will employ none in his service without consent of parliament 5. That their ships and goods and all dammage shall be restored 6. That the summe of three hundreth thousand pound sterline should be given to them for their losses 7. That all Declarations proclamations acts books libells and pamphlets that have been made published against the loyalty dutiefulness of his Maj. subjects of Scotland should be recalled suppressed and forbidden in England and Irland that their loyalty shall be made known in all the parish Churches of his Maj. Dominions 8. That the garrisons of Berwick Carlile be removed As also there is an act of pacification oblivion aggreed upon out of which the Scottish prelats are excepted as also Traquair Sr Robert Spotiswood Sr Iohn Hay Mr Walter Balcanquell who were cited pursued as Incendiaries In which act his Majesty declareth that the ensueing Parliament of Scotland shall have full free power as the nature of a free parliament of that kingdom doth import to ratify confirme the Treaty Thus at length were these officers which Christ had never appointed cast out of Gods house where they had formerly caused so much desolation layd the vineyaird of the Lord waste as a wilderness both by Church State The King all ranks of People consenting thereunto For which God who is wonderfull in Counsell excellent in working ought to be acknowledged for ever exalted Seing he raised up such as were brought low brought down these who had set their nests on high whose wayes had been alwayes grievous who said in their hearts they should never be moved God hath forgotten he hideth his face he will never see it Now God arose lifted up his hand did not forget the humble he did behold mischief spite to require it did breake the arme of the wicked The memory of which should be still fresh with refreshing unto all the people of God ground of hope that he who did then make the names of these Prelats to â—…ot to stinke in the noâ—…rils both of Church State can will againe pursue his controversy against these who now dare be so bold as to attempt what they have attempted after that the Lord hath put such notes of disgrace infamy upon their predecessours While the Parliament of England is sitting there are severall complaints given in against the Earle of Strafford Deputy of Irland the Archbishop of Canterbury both being sound guilty of points of High Treason are condemned to die Severall Courts of Judicatory are abridged in their power the High Commission Court is taken away and the Starchamber Court the coâ—…ive power of Prelats their Courts The Prelats are ejected from the House of Peers Bils are presented to his Maj. for the punishment of the scandalous Clergy for the abolition of Episcopacy the calling of an Assembly At length there is a civill war begun between the King the Parliament occasioned through his Maj. withdrawing from his Houses of Parliament North towards Hull The warr is continued In the mean time the Parliament calleth together an Assembly of Divines to consult about matters of Religion Church-governement so carry on the begun work of Reformation And Anno 1643. They appoint Iohn Earle of Rutland Sir William Armin Baronet Sir Henry Vane Iunior Knights Thomas Hatcher Henry Darley Esquires with Mr Stephen Marshall Mr Philip Nye members of the Assembly of Divines their Commissioners to repear unto the kingdom States of Scotland to the Generall assembly there their Commissioners to propone consult with them in all occasions which may furder the so much desired work of Reformation in ecclesiastical matters a nearer conjunction betwixt both Churches Accordingly these Commissioners came presented their propositions a Declaration of the Lords and Commons in Parliament unto the Generall assembly Aug. 10. 1643. So is there a letter sent from some brethren of the ministry in the Church of England subscribed by very many hands showing how low that poor Church was now brought being ready to be swallowed up by Satan his Instruments that the Protestant Religion was in great hazard desiring very affectionately their aide help August 15. those Commissioners presente some propositions to the Assembly which they had a little before August 12. presented unto the honorable Convention of Estates desiring that because the Popish Prelaticall faction is still pursueing their designe of corrupting altering the Religion through the whole Iland the two Nations might be strictly united for their mutuall defence against the Papists Prelaticall Faction their adherents in both Kingdoms not to lay down armes till those their implacable enemies be disarmed subjected to the authority justice of Parliament in both Kingdoms respectively And that the two Kingdoms might be brought into a near conjunction into one forme of Church governement one Directory for worship one Catechisme c. the foundation laid of the utter extirpation of Popery Prelacy out of both Kingdoms The most effectuall ready means whereunto is now conceived to be That both Nations enter into a strict Union League according to the desire of both Houses of Parliament that for prosecuting the Ends of that Union against the Papists Prelaticall faction Malignants now in armes in the kingdom of England their brethren of Scotland would raise a considerable force of horse foot for their aide assistance For which Ends there are Committees appointed by the convention of Estates the Gen. assembly to meet with the commissioners of the parliament of England by whom the forme of the League Covenant is aggreed unto resolved upon Which draught Aug. 17. 1643. was approven by the Gen. assembly With all their hearts with the beginnings of the feelings of that joy which they did finde in so great measure upon the renovation of the Nationall Covenant of the Kirk kingdom as the most powerfull mean by the blessing of God for setling preserving the true Protestant Religion with perfect peace in his Maj. Dominions and propagating the same to other nations and for establishing his Maj. throne to all ages generations recommended unto the Right Honorable convention of Estates that being examined approved by them it may be sent with all diligence to the Kingdome of England that being received
was contrary to the dissent protestation of this kingdome now removed by a violent death and that by the Lords blessing there was left a righteous heire lawfull successour Charles Prince of Scotland VVales now king of Great britane france and Irland did unanimously and chearfully in recognisance and acknowledgement of his just right title and succession to the Crown proclaime and declare to all the world that he was king of great britan c. their Soveraigne Lord and king at the mercat Crosse of Edenburgh with all usuall Solemnities in like cases ordaining the same to be done in like manner in all the brughs Royall Immediatly there are Commissioners sent over to his Maj. while at the Hague in Holland when these returned without satisfaction there are againe the next year 1650 Commissioners sent to him while at Breda At length he promised to publish testify by solemne oath his approbation of the Nationall Covenant of Scotland of the solemne league Covenant And accordingly before he came a shoar in Scotland being in Shipboard at the mouth of Spey on the Lords day the 23. of Jun 1650 in presence of the Commissioners of the kingdome Church of Scotland severall others both Scots English after Sermon the Nationall Covenant the solemne league Covenant being read by the minister that preached He standing lifting up his right hand swore the same in the words following which had been determined by the Parliament by the Commissioners of the Generall assembly of the Church of Scotland in their Instructions to their Commissioners subjoyned to Both the Covenants I Charles king of Great Britaine France Irland do assure declare by my solemne oath in the presence of the Almighty God the searcher of hearts my allowance approbation of the Nationall Covenant of the solemne league Covenant above writen faithfully oblidge my self to prosecute the Ends thereof in my station calling that I for my self successours shall consent aggree to all acts of Parliament enjoyning the Nationall Covenant solemne league Covenant fully establishing presbiteriall governement the Directory of Worship confession of faith Catechismes in the kingdome of Scotland as they are approven by the Generall assembly of this kirke Parliamet of this Kingdome And that I shall give my royall assent to the acts of Parliament enjoyning the same in the rest of my Dominons And that I shall observe these in my own practise family shall never make opposition to any of these on endevour any change thereof And immediatly subscribed the same And thereafter August 16. 1650. he emitteth a Declaration from Dumfermeling wherein he expresseth much of his affection to the Covenanâ—… Covenanters dèclareth that he hath not sworne subscribed these Covenants entred into the oath of God with his people upon any sinister intention crooked designe for attaining his own ends but so far as humane weakness will permit in the truth sincerity of his heart that he is firmely resolved in the Lords strength to adhere there to to prosecute the ends thereof c. In order to which he doth in the first place professe declare that he will have no friends but the friends of the Covenant And therefore as he doeth now detest abhorre all popery Superstition Idolatry together with prelacy all errours heresy schisme profaneness resolveth not to tolerate much lesse allow any of these in any part of his Maj. Dominions but to oppose himself thereto to endeavour the extirpation thereof to the outmost of his power So doth he as a Christian exhort as a King require all such of his subjects who have stood in opposition to the Solemne League Covenant worke of Reformation upon a pretence of kingly Interest or any other pretext whatsoever to lay down their enmity against the cause people of God to cease to prefer the Interest of man to the Interest of God which hath been one of these things which hath occasioned many troubles calamities in these kingdoms being insisted in will be so far from establishing of the Kings Throne that it will prove an Idole of jealousy to provoke unto wrath him who is King of Kings Lord of Lords The king shall alwayes esteem them best servants most loyall subjects who serve him seek his greatness in a right line of subordination unto God giving unto God the things that are Gods unto Caesar the things that are Caesars resolveth not to love or countenance any who have so litle conscience piety as to follow his Interests with a prejudice to the Gospell kingdom of Jesus Christ which he looks not upon as a duety but as flattery as driving self designes under a pretence of mantaining royall authority greatness he resolveth to live die with his loyall subjects in prosecution of the ends of the Covenant He doth esteeme the service of those who first engadged in the Covenant have since that time faithfully followed the ends thereof to be duety to God loyalty to him So Jan. 1. 1651. on the day of his coronation the Nationall covenant the Solemne league covenant being read unto him he swore them in this following oath which he took in behalf of himself his successours kneeling holding up his right hand which oath with both covenants he afterward did subscribe I Charles King of Great Britane France Irland do assure declare by my solemne oath in the presence of Almighty God the searcher of hearts my allowance approbation of the Nationall Covenant of the Solemne League Covenant above writâ—…h And faithfully obleidge my self to prosecute the ends thereof in my station calling And that I for my self Successours shall consent aggree to all Acts of Parliament enjoyning the Nationall Covenant the Solemne League Covenant fully establishing Presbyteriall Governement the Directory of worship Consession of Faith Catechismes in the kingdome of Scotland as they are approven by the Generall Assemblies of this kirk Parliament of this kingdom And that I shall give my royall assent to Acts and Ordinances of Parliament passed or to be passed enjoyning the same in my other Dominions And that I shall observe these in mine own practise and family and shall never make opposition to any of those or endevour any change thereof Thus had the Church of Scotland all the security imaginable from a Prince that Prelats should never have footing againe within that kingdome that the begun worke of Reformation should be still carried on through the other Dominions But when Scotland out of conscience to their covenant had sent for the king the Sectarian party in Iuly 1650 approach their borders with an Army thereafter overcome them in battell shedeth much of their bloud leadeth many both commanders
And seing ther can no instance be produced out of the History of Scotland since ever it was a Kingdome that any subject noble Man or other was accused of high treason for such a cause surely this noble Mans case was unparalleled 3. Is not this strange considering what the principle of Royallists is They say that Conquest giveth a just tittle to a crown So sayeth D. Ferne Aâ—…nisaeus Maxwell in his Sacro Sancta Regum Majestas Cap. 17. And by this principle Cromwell was the lawfull supreme Governour of the Kingdome of Scotland and had just tittle right to the Crowne thereof having now conquered the same if this principle of theirs be true which is much questioned by their opposites no complyance with him could by any law in the World be treason against any Prince whatsomever for obedience unto concurrence with a lawful supreme Magistrat can be treason against no man living How then could this noble Man be challenged upon the account of treason for complyance Let all the Royalists answer this without contradicting themselves if they can 4. Is there any lawyer who can produce such a definition of treason against a Prince or a supreme Magistrat out of the civil law as will condemne the deed of this worthy noble Man make complyance with a conquerour for the good saifty of the countrey after all meanes of defence are broken lost an act of treason And since the civil law can condemne no such deed as treasonable the sentence given out against his noble Man must be without all warrand of law 5. Are there not many countreyes Kingdomes cities that have been overrun by their enemies have had their own lawfull Governours put from them so have been forced to live under the feet of strangers hath it not been usuall for them to comply with such as had the present power in their hand for their own saifty the good of the place And was it ever yet heard that such were accused condemned of â—…reason against their own lawful Governours thrust from them sore against their wills for any such complyance And is it not wonderful that this eminent noble Man should become a preparative unto all the World So then to put a close to this let an appeal be made to all Governours of Commonwealths Statesmen Lawyers Casuists Politicians Canonists Quodlibâ—…tists yea Royalists if they will speak consonantly to their own principles their answer interloquutour be had in point of law unto this question Whether or not when a land is overcome in battel once againe a thrid time a fourth time so aâ—… they are forced to lie under the feet of the conquerour and expect his mercy their own supreme Magistrat is forced to flee away for his life without all hope of returning so they left without all goverment but what they have from the conquerour when it might have been expected that he would have ruled them disposed of them jure conquestus as conquered according to his own pleasure yet he did admit such as they thought sit to choise to sit in his supreme Councel for giving their advice for regulating the affaires of that Kingdom common wealth which is now conquered subdued Can it be treason in any when chosen by the countrey to sit in these Councells advise what they think best for the good of the countrey Or can they or any of them be challenged or accused condemned as guilty of heigh treason when providence bringeth back the prince after ten yeers absence for acting so under the conquerour for the good of the land to prevent its utter ruine destruction And if the answer shall as certainly it will be negative then it is beyond all question that the sentence execution of this worthy noble Man upon this sole account shall be matter of astonishment to all that hear of it know the cause thereof Thus a great prince falleth within five dayes therafter a great prophet falleth as shall be shown in the next section SECTION V. The groundes of the suffering of Mr Iames Guthry Minister at Sterlin who was executed the first Day of Iune 1661. examined AFter the parliament is assembled Mr Iames Guthry minister at Sterlin who was one of those ministers who were incarcerated for the cause above mentioned Sect. 3. who after some weeks imprisonement in the castle of Edenburgh was carryed thence imprisoned in Dundee from thence is sent for by the parliament impannalled before them being accused of high treason He was a man who had been honoured of God to be zealous singularly faithfull in carrying on the work of reformation had carryed himself streightly under all changes revolutions because he had been such an eminent one he must live no longer for he is condemned to die most basely handled as if he had been a notorious thief oâ—… malefactor he is hanged afterward his head is stuck up upon one of the ports of the city of Edinbrugh where it abideth unto this day preaching the shamefull defection of these who dealt thus with him calling to all who goe out in at the gate of the city to remember their covenant with God for which he died a martyr But it is like many will think it behoved to be some great crime for which this eminent servant of the Lord was thus handled but what if it be no such crime yea what if it was a duty for which he was thus put to suffer Reader thou shall hear ir then thou mayest judge Some ten years before he was challenged by the King his councell for a doctrinall thesis which he had maintained spoken to in sermon because he found them incompetent judges in matters purely ecclesiasticall such as is the examination and censureing of doctrinall poynts primo instanti he did decline them upon that account This is his crime for this he is condemned as guilty of high treason this will be the more wonderfull if thou consider how as thou hast heard many worthy precious servants of christ did decline the King his councell in the dayes of King Iames such as Mr Baleanqual Mr Melvin Mr Blake Mr Welch Mr Forbes others as incompetent judges in causes meerly ecclesiasticke and yet ther was never one of them put to death It is true there was an act of Parliament Anno 1584. dischargeing such declinatures under the paine of treason but the very next year Anâ—…o 1585. King Iames himself did emit a declaration shewing that he for his pairt should never that his posterity ought never to cite summond or apprehend any paster for matters of doctrine in religion salvation heresies or true interpretation of scripture but avoucheth it to be a mater meerly ecclesiasticall altogether impertinent to his calling Which though not equivalent to an Act of parliament yet whether
it may not be a supersede as to an Act a ground of exemption to the subject from the rigour thereof till the law be revived by a posteriour act which was never yet done lawyers may judge But which is more there is an Act of Parl. Anno 1592. declareing that that former Act shall no wayes be prejudiciall nor derogat any thing to the privilege that God hath given to the spirituall office bearers of the church concerning heads of religion matters of heresy excommunication collation or deprivation of ministers or any such like essentiall censures specially grounded have and warrand of the word of God And which is more considerable The parliament 1648. did disclaime any such power of judging in church matters took it for an unjust challenge charge to say that they took an antecedent judgment in maters of religion for in their letter to the presbyteries of Scotland being their Act 16. May 11. 1648. they have these words Neither can it be with any truth or justice in any sort alleidged that we have in the least measure wronged or violated the true privileges or liberties of the church or any way taken upon us the determination or decision of any matters of faith or church discipline though we be unjustly charged with taking an antecedent judgment in matters of religion By which every one may see that the parliament did looke upon themselves as an incompetent judge in matters of faith or religion Primo instanti or antecedently unto the decision determination of the church And now let lawyers judge whether when the parliament the supreme judicature of that land doth declare themselves incompetent judges in matters of religion The Privy Councell which is a judicature inferiour to the parliament by the fundamentall lawes of that land having its originall power antiquity from the Kings Maj. the estates of parliament so is subordinat there to ought to be countable to censureable by them according to the 12 Act of Parl. 2. King Iames 4. See for this Act 27. Parl 2. of King Charl I. 1640. may become judges thereof whether seing by confession of Parliament they can be no lesse incompetent judges then the parliament it self it can be truely treasonable to decline them Though it were granted that that Act of Parliament 1584. were no way weakened by the other Act 1592. which yet is expressely explicatory thereof yet it could no wayes be treasonable in him to decline the councell as an incompetent judge to him in that case because the Act 1584. is to be understod in such cases only in which they are propper judges But it will be replyed that the Act maketh them judges competent to all persones spirituall or tempâ—…rall in all matters wherin they or any of them shall be apprehended summoned or charged Answ. True the act speaks so in the generall yet it is well known that notwithstanding thereof any of his majesties subjects might decline them when cited for causes the cognition whereof did popperly belong to another distinct judicature such as the court of exchequer or the Lords of the Session so that this all is to be restricted to such causes as do belong to them And under it causes purely ecclesiastike cannot be understood because of that which the Parliament Anno 1648. said Parliaments know best what causes belong to their cognition what doth not belong to a Parliament will never belong to the Privy Councell If it be replyed againe that the meaning of the Parliament 1584. was to give the councell power in church matters because this act was devised of purpose to hinder ministers to protest against the King his counsell as they had done before Ans. that is true But that will say nothing now when the Parliament 1648. hath declined to be judges in such matters and Parliaments can best expound their own lawes and acts can best explaine the extent of their own power and consequently can best declare what causes these are of which the Privie Councell is competent judge what not when they declare that themselves are not competent judges in matters of doctrine religion they do more then sufficiently declare that the Privie Councell is not a competent judge in those matters But for all this this worthy man must die he dieth a martyr for the truth against the Erastian abomination SECTION VI. The sufferings of some other Ministers related AMong other acts of the Committy of Estates there was a proclamation which they caused be read at all the church doores of the Kingdome upon the Lord's day in which they discharged ministers to speak or preach any thing against them or their proceedings this was to command them to handle the word of the Lord deceitfully to become false prophets to preach smooth things and to prophecy deceits wherby the malicious ill affected people who did not love their ministers were encouraged to give in delations of such such things as they thought good to allaidge against them as uttered in their sermones bring in any prophane persones they pleased for witnesses By which meanes some though many were in no hazard thinking it commendable prudence to be silent at such a time were brought to trouble both by the Committe of Estates by the Parliament being imprisoned or confined and other wayes hardly used though litle of what was allaidged could be proved against them More over ther was one minister who after the Parliament had annulled the covenant passed many other acts against the work of reformation thought himself bound in conscience to give faithfull free warning to shew the greatnesse of the sin of backslideing defection from the cause and truth of God to protest publikely in a Ministeriall way for his own exoneration after the example of Samuel at the comandement of God against the course of defection carryed on all acts made in prejudice of the covenanted worke of reformation for which cause he was summoned before the Parliament and at length condemned of treason sedition onely upon that acount therafter was banished out of all his Maj. dominions And if any say that ministers should have been silent not meddled with state affairs let the answers which famous doct Voet giveth in his Politia Eccles. pag. 982. 983. c. be considered which are these 1. It is the duty of Ministers to give faithfull warning unto people Ezek. 3 17 22. 2. This was not to meddle with the politie but with the abuse of it by men in power 3. Rulers no lesse then others must be touched when they provoke God to wrath by their carriage 1 Thes. 5 11. Iam. 5 20. 1 Sam. 15 14. Isa. 58. 1. 4. Then they should never speake to a hundered places of scripture which do speake so directly against Magistrats abuseing their power See what he sayeth furder to this purpose there in answering therest of the
objections how he cleareth it from Act. 7 51. Hos. 2 1. Dan. 3. 6. Act. 4. 5. 6. Hos. 4. 15. Iud. v. 23. About this same time there is another minister banished indictâ causà for while he was going towards Irland upon some particular occasion he was brought back By the command of the committee of Estates committed to prisone untill the meeting of Parliament then receiveth summones of treason to which when he had desired some time to answere he is sent back to prisone when he expecteth to be called upon to give in his defences he was sentenced with banishment out of his Maj. dominions And which is more to be wondered at Neither these two ministers nor any other who were afterward banished as shall be showne could ever to this day get an extract of their sentence which no judicature in the world could ever have refuised in equity justice yea because the power of the Parliament Councell of Scotland could reach no furder then their own bounds so could banish none any further then out of Scotland they devise another way draw up a bonde where in the subscriber bindeth himself under the paine of death to remove out of all his Maj. dominions betwixt such a day not to returne without license under the paine of death this bond they caused the banished ministers subcribe before witnesses which they were all necessitated to do to save themselves from worse Judge reader if this was not both cruell unreasonable SECTION VII Concerning their sufferings who refuised to observe the Anniversary Day AMong other Acts of the first Session of Parliament there is one for a solemne anniversary thankesgiving wherein they statute ordaine That in all time coming the twenty ninth day of May which was the day of â—…his Maj. birth restauration to his government be set a pairt as a holy Day unto the Lord that in all the Churches of the Kingdome it be imployed in publick prayers preaching thankesgiving praises to God for so transcendent mercies that all trade merchandise work handy-labour other ordinary imployments be forborne the remaineing part of the day spent in such lawful divertishments as are suiteable to so solemne an occasion Unto which Act many of the ministry did give obedience out of fear But others could not in conscience yeeld thereunto not only because it is not in the power of any under heaven to appoint anniversary holy Dayes the Creator alone having reserved that power into his own hand to consecrate any portion of time he pleaseth make it holy So as holy duties must attend it as holy duties acts of worship attend the Sabboth-day the only holy Day which is now warranted by the Word of God It is true the Church may when God by his providence is calling to mourning to fasting or to thankesgiving set some time a pairt for these duties of praying or rejoiceing but then the time doth attend the dutyes called for the duties doe not attend the time as they do the Lord's Day But also because of the grounds reasons of the solemnizeing of that Day which are contained in the narrative of the act unto which no man who had not made shipewrak of faith of a good conscience could consent as every one may see who will but ponder the Act a part whereof to give but a taste of the whole followeth The â—…states of Parliament of the Kingdome of Scotland taking to their câ—…sideration the sad condition slaverie bondage this ancient Kingdome hath groaned under durcing these twenty three years troubles in which under the specious pretences of reformation a publick rebellion hath bâ—…en by the treachery of some mispersuasion of others violently carryed on against sacred authority to the ruine destruction so far as was possible of Religion the Kings Maj. his Royal Government the laâ—…es liberties property of the people all the publick private interests of the Kingdome So that Religion it self hath been prostitute for the warrand of all these treasonable invasions made upon the Royall Authority And disloyal limitations put upon the alleagiance of the subjects c. By which what followeth it may be obvious to all who read consider the said Act. That none could so much as preach on that day or give any countenance to such a work unlesse they would condemne all which had been done for twenty three yeers space in carrying on of the work of Reformation as being the height of treachery rebellion designedly purposely carryed on under the specious pretexts of Reformation And what faithfull Minister durst adventure on that to condemne King Parliaments Church State themselves too as treatours rebells unworthy to live any longer Can any expect that Ministers before they be convinced of a fault should be so rash unadvised as to goe to pulpites with ropes about their necks declare before all that they had been so long possibly all their dayes as to some young men living a life of rebellion against the lawfull Magistrat carrying on a course of â—…rebellion to the ruine of Religion King Kingdome And can it be expected in reason that such as refused to countenance that day should be condemned by any who shall but seriously consider what are the consequences of such a complyance Neither let any say that it was out of disrespect to his Maj. that any Minister did refuise to countenance the work of that day For all of them did willingly keep a day of solemne thankesgiving at his coming home And Presbyteries Synods did chearfully appoynt dayes for that effect That which the famous learned Voetius observeth concerning such dayes in his Polit. Pag. ult viz. That it may come to passe that the time when such an anniversary day should be keeped may be a time when God calleth for fasting mourning then such may look for that woe Isa. 22 12 13. As rojoyce when they should mourne is considerable whether it was a fit season then to rejoyce or not let the Reader judge when he considereth that upon the Monday before that anniversary day the famous Marquis of Argile was executed upon the Saterday thereafter Faithfull Mr Guthry was put to death And that also which he sayeth against Ministers keeping a sinfull fast Pag. 993. Holdeth good here for Ministers were clear that this was against the common cause of God And therefore many who could not satisfy themselves with some fine distinctions evasions to reconcile themselves unto the publick lawes resolved with the primitive Christians to hazard their reputation of loyalty as Stillingslcet sheweth in his Origines Sacra Pag. 321. rather then to countenance such impiety SECTION VIII The grounds why Ministers did resuise to goe to the Prelats Courts cleared A Little after his Maj. returne he was pleased to write unto the Presbytery of
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
this Kingdome to have the sole choice appoyntment of the officers of state privy councellours the Lords of the Session That the power of calling holding and dissolving of Parliaments all conventions meetings of the estates doth solely reside in the Kings Maj. his haires successours that as no Parliament can be lawfully keeped without speciall warrand presence of the Kings Maj. or his commissioner so no Acts nor statutes to be past in any Parliament can be binding on the people or have the authority force of lawes without the speciall approbation of his Maj or his commissioner interponed thereto at the making thereof that the power of armes making of peace warre making of treatjes leagues with forraigne princes or states or at home by the subjects among themselves doth propperly reside in the Kings Maj. his heirs successours is their undowbted right theirs alone that it is higâ—… treason in the subjects of this Kingdome or any number of them upon what soever ground to rise or continue in armes to maintaine any forts garisons or strengths to make peace or warre or to make any treaties or leagues with forraigners or among themselves without his Maj. authority first interponed thereto That it is unlawfull to the subjects of whatsoever quality or function to convocat convcen or assemble themselves for holding of Councells conventions assemblies to treat consult determine in any matters of state civill or ecclesiasticke except in the ordinary judgments or to make leagues or bonds upon whatsoever colour or pretence without his Maj. speciall consent approbation had thereunto That the league covenant and all treaties following there upon Acts or deeds that do or may relate thereunto are not obligatory that none of his Maj. subjects should presume upon any pretext of any authority whatsoever to require the renewing or swearing of the said league Covenant or of any other Covenants or publick oaths concerning the government of the Church Kingdome and that none offer to renew or swear the same without his Maj. speciall warrand and approbation This acknowledgment doth sufficiently clear what that supremacy in civil matters is which they grant unto the King as his due which by this oath they would have all to acknowledge also So that there is no great difficulty to clear the grounds ofscrupleing at this oath even upon this account to shew that such as have refuised the same cannot be accounted disloyall for all indifferent persones will see that there both was and is good ground to scruple at this oath thuâ—… sensed by this act if they shall consider these ten Particulars following 1. The Parliaments of Scotland from the beginning have been partakers fellowshareis of supremacy with the King the Kings of Scotland never were the sole subjects thereof as appeareth by their appending of their own seal with distinct from the King 's great seal in treaties with forraigne princes in some important acts sentences at home of which there is one instance yet on recoâ—…d in the acts of Parliament viz act 112. Parl. 14. King â—…am 3. 2. The Parliaments of Scotland have had the power of setling the governement for they did willingly sweaâ—… to Fergus and his posterity and when he died left two young sones â—…erlegus Mainus both unfit for governement they resolved upon a new course That neither a childe should governe nor yet their oath which they made to Fergus be brocken which was this That when the Kings children were young at their fathers decease some other of the posterity of â—…ergus fit for governing should be chosen who should rule the Kingdom all his dayes which law continued 1025. years untill the reigne of Kenneth the 3. and accordingly when Fergusius died they choosed Ferâ—…haris when â—…erlegus came to age he desired to be put in possession of the Kingdome but it was refuâ—…sed so long as Feritharis lived And when Cotbâ—…edus died they passed by his sone Câ—…tbred made choice of Dardaâ—…us the grand childe of Metellan thus did they alwayes unto the dayes of Kenneth the 3. Epropinquis sayeth Buchanan in vita 〈◊〉 Regum defunctorum non proximos sed maxime idoneos modo a Fergusio primo Scotorumrege essent oriundi eligere consueverant And who but they did condescend to that law at length that the Kings eldest son should be called prince should succeed if the son died before the father then the grand childe should succeed unto the grand father that if the King died leaving a young childe to be heire of the crowne a regent should be chose to mannage the affairs of the Kingdome dureing his minority till he were 14. years of age at which time he might choise his curatours was there ever any such thing concluded without the Parliaments consent 3. The Parliaments of Scotland have had a great share of the legislative power Therefore the lawes are stiled the acts of Parliament not the acts of the King they are said to be enacted by the Estates of Parliament So do the many explicatory acts witnesse that they share in the supreme power of interpreting the lawes of the land which demonstrateth their legislative power and both these are no small part of supremacy 4. In the time of Finnanus the 10 King there was a law made Ne quidreges quod majoris esset momenti nisi de publici coucilij authoritate juberent that Kings should command nothing in matters of any moment but according to the authority and command of Parliament And so when Milcolumbus the 92. King was giving away for peace with England Northum Berland the Estates were against it denying jus esse regi quicquam de sinibus regni detrahere nisi omnibus ordinibus consentientibus That the King had any power to give away any part of his dominions without the consent of all the Estates of Parliament 5. The Parliaments of Scotland have regulated the actions of princes have censured punished them for enormities let the lives of Thereus Durstus Ethus Luctatus Mogaldus Conarus Constantin Ferchardus 1. Ferchardus 2. Eugenius Donaldus 8. Culenus others recorded by Buchanan in his chronicles be seen considered the power of the Parliaments of Scotland over their princes will casily appear So at that Parliament in which King Iames the 6. was created King the Earle of Murray setled in the regency it was debated what course should be taken with the Queen concerning whose accesse unto her husbands death there were such shreud toakens And some voted that justice should be executed upon her and others that she should only be keeped in prisone see Buchan lib. 19. 6. The Parliaments of Scotland have had expresse power in some cases to withstand resist even by armes the King if he should break treaties of peace made concluded by him them with forraigne princes
that was left for the saifty of religion of all that was dear unto them So then their case not being a prosecution of adesigne of some privat persons upon some privat injuries received to destroy ' cut off the King or to denude him of his just power privilege but a nationall defence of religion lives liberties against the Kings armies unjustly seeking to destroy violently to overturne all None of the arguments of adversaries taken from 1. Sam. 24 6 10. 26 9 11 23. 2. Sam. 1 12 16. do conclude against them or speake to their case 5. There is also a great difference betwixt a warre contrived carryed on by privat persons when grievously oppressed And a warre carryed on by the body of a land in their representatives in Parliament against a king Suppose the first could not well be defended which yet is not absolutely denyed yet this last is clear for a Parliament hath more power over a king then any privat person or subject how great so ever hath judicious Calvin is clear for this in his institutions lib. 4. cap. 20 n 39. saying if there be inferiour Magistrats such as the Ephori among the Lacedaemonians Tribuns among the Romans The demarchi among the Athenians and as the Estates of Parliament in kingdomes now if these connive at the king's oppressing of the people they become persidious because they betray the peoples liberty which by God's appoyntment they are to protect Thus Scotland is cleared for their warre was carryed on by the body of the land in their representatives by their Parliament acting in its publick parliamentary capacity and so the arguments drawn by adversaries from the practice of the primitive Christians speak nothing against the Parliament of Scotland Their levying warre against the king in their own defence in the defence of the liberties lawes of the land 6. There is a difference betwixt a warre raised by a Parliament of purpose to cut off the king to depose him from his throne governement which hath been severall times practised by the Parliaments of Scotland when their kings turned tyrants vitious in their lives as was showne above their case which was a case of pure defence there being no intention to offer the least violence to his Maj. person crowne or dignity but only to defend religion the kingdome against the popish malignant invading plundering forces which were sent forth to destroy all for their armies advanced with petitions seeking redresses of wrongs with all humility shewing their willingnesse readinesse to lay down armes so soon as they were secured in the peaceable enjoyment of the religion sworne to freed from the just fears of these bloody invading forces who were seeking the destruction of their lives liberties So then when their adversaries reason against riseing in armes against the King they speak not to the poynt none of these arguments come near to their case which was a case of naturall sinlesse self defence 7. It would be considered that the warre did not begin upon the Parliaments side but they were forced constrained to it The King commanded all the English Nobility with all their power forces to meet him at York April 1639. that they might advance with him towards Scotland The Scottish Noble Men who were at court were also sent down towards Scotland to raise their friends having some expert forraigne Officers with them There were three thousand Men sent down with the navy six hundered Horsemen were sent down to the Borderes to make incursions all which preparations of warre did clearly speak out his Maj. intention did necessitate them to bestir themselves in their own defence against those invaders to keep their own rights unviolated And yet with all they had their supplications ready to presente after the granting of which viz. a quyet peacable enjoyment of their Religion Lives Lawes Liberties they resolved to lay down armes accordingly did so for after the pacification Iun. 18. 1639. their army was disbanded Againe when the Parliament which was convocated by his Maj. command conforme to the pacification was contrary to the articles contrary to the liberties of the land privileges of the Parliament prorogued the Castles of Edinburgh Dumbritton were fortified with men ammunition Theis friends travelling to England Irland were constrained to swear unlawfull oaths or to góe to prisons The sea was stopped no liberty was granted to trassique so the land was blocked up The articles of pacification were broken Berwick and Carlile were fortified The Commissioners who were sent from the Parliament to the King were imprisoned contrary to the law of Nations The Castle of Edinburgh was killing many threatening to destroy the whole city with their cannon their ships were intecepted by sea their merchands spoiled of their goods sea men were taken prisoners miserably handled When matters went thus were they not constrained to take up armes againe to advance towards England that they might seek peace from his Maj. not being able to maintaine an army on the borders after they had been so impoverished through the long want of fine tradeing and not to lay downe armes untill their necessary and just desires were granted Now let any judge whether they can be justly blamed for standing to their defence being thus necessitated as they would not betray the Land their Lawes their Liberties their Religion so sell their soul consciences all into the hands of their malitious enemies So then when this shall be made the state of the question whether or not the Parliament body of the Kingdome of Scotland may not lawfully take up armes having no purpose to wronge his Maj. person or to spoile him of his just rights privileges to defend themselves Lands Liberties no lesse then their Religion after it had been setled by law When the King in stead of granting their just necessary desires viz. security that they should be ruled by lawfull generall Assemblies other inferiour Church judicatories in Church matters according to the ancient discipline of the Church And by a free Parliament in civill matters according to the foundamentall lawes of the Land And that they might be free from illegall courts alteration in their Religion that the articles of agreement should be keeped that granted which was promised under hand seal is raising a strong army of forraigners Irish Popish prelaticall malignant enemies to the Church kingdome of Scotland intending to destroy their Land Liyes liberties to overturn their Religion Privileges for this end blocketh them up by sea Land fortifyeth Castles in their bosome giving them commission to destroy all they could denunceth them all rebells treatours Sure it may be supposed that seing this is the true state of the question it shall easily be granted that this
fit necessary it is for the honour service of almighty God the good quyet of the Church the better government thereof in unity order That there be a National Synod Assembly duely constitut within this kingdome Hath therefore appoynted declared by these presents appoynts declares That there shall be a National Synod of the Church of Scotland And that this Synod for the lawfull members thereof shall consist be constituted of the Archbishops of St Andrews Glasgow the remanent Bishops of these two Provinces of all Deanes of cathedrall Churches Archdeacons of all the moderators of meetings for exercise allowed by the Bishops of the respective dioeceses of one Presbyter or Minister of each meeting to be chosen elected by the moderator plurality of the Presbyters of the same And of one or two from the University of St Andrews one from Glasgow one from the King's colledge one from Marshells colledge of Aberdeen one from Edinburgh And this Synod thus constitut is to meet at such times in such places as his Maj. by his proclamation shall appoynt And is to debate treat consider consult conclude determine upon such pious matters causes things concerning the doctrine worship discipline governement of this Church as his Maj. under his Royal hand shall deliver or cause be delivered to the Archbishop of St Andrews president of the said Nationall Assembly to be by him offered to their consideration The Estates of Parliament do humbly recognosce acknowledge his Maj. Royall power prerogative afore said with the piety justice prudence of his Maj. resolution therein Like as his Maj. with their advice consent doth hereby establish ratify confirme this constitution of a Nationall Assembly as the lawfull constitution of the Nationall Synods Assemblies of this Church His Maj. or his Commissioner without whose presence no Nationall Synod can be keeped being alwayes present declareth that no Act canon order or ordinance shall be owned as an ordinance of the Nationall Synod of the Church of Scotland so as to be of any effect force or validitie in law to be observed keeped by the Archbishops Bishops the inferiour Clergy all other persons within the realme as far as lawfully being members of this Nationall Church it doth concerne them but that which shall be considered consulted agreed upon by the president major part of the members above specified It is alwayes hereby provided that nothing be enacted or put in execution by authority of a Nationall Synod within this Kingdome which shall be contrary to his Maj. Royall prerogative or to the lawes of the Kingdom that no act matter or cause be debated consulted concluded upon but what shall be allowed approved confirmed by his Maj. or his Commissioner present at the said Nationall Synod In which Act these things are remarkable 1. That Church Assemblies may not meet without his warrand 2. The King or his Commissioner are essentiall constituent members thereof 3. That the King hath power to appoynt the very constituent members of the Synod 4. Ruleing elders are excluded out of Church judicatories 5 That the constant moderator hath a more then ordinary voice in the exercise for the member to be chosen there must be elected by him the major part of the rest 6. Nothing can be agreed upon without the consent of the Archbishop of St Andrews thus he hath a negative voice 7. Nothing must be debated either concerning doctrine worshipe discipline or government but what his Maj. pleaseth 8. Nothing must be concluded but what his Maj. or his commissioner doth approve confirme 9 All this is founded on his supremacy 10. And his supreme authority over all persones in all causes his prerogative royall are declared to be all one 5. There is another commission granted for the heigh commission a part whereof followeth Our Soveraigne Lord ordaines a commission to be passed exped under his Maj. great seall of the Kingdome of Scotland making mention That in consideration of the multiplicity weight of Church affaires of the Estate incumbent upon the Lords of privy councell so as they cannot attaine the due execution of the lawes to the effect that the disorders contempt of authority may be timeously suppressed His Maj. by vertue of his prerogative in all causes over all persons as well ecclesiastike as civill has given granted like as his Maj. by the tenor hereof giveth granteth full power commission to the Archbishop of St Andrews The Lord chancellour L. treasurer archbishop of Glasgow Duk Hamilton Marques of Monâ—…se c. or any five of them an Archbishop or Bishop being one of the number To summon and call before them all contemners of the discipline of the Church for that cause suspend deprive and excommunicat all keepers of conventicles c. to appoynt ministers to be censured by suspension and deposition and punished by fineing confineing and incarcerating them and all other persons who shell be found transgressours as aforesaid c. Out of this Act these things are remarkable 1. Here is a mixed court made up of Church men civill men 2. A court medling both with civil ecclesiastick punishments for they have power of deposeing excommunicating fineing and imprisoneing 3. A court founded upon his Maj. prerogative in all causes over all persons as wel ecclesiasticke as civil 4. An Archbishop or Bishop is sâ—…e quo non one of those with four others may do all themselves By what is said something of the meaning of this oath according to their sense who tender it may be discovered the bussinesse being so clear much time needeth not be spent in handling that long tedious controversie concerning the Magistrats power in Church matters Onely a hint at some few things as reasons why this oath thus tendered explained could not be taken will be sufficient 1. By this meanes they should upon the matter have affirmed that the King was head of the Church for it is clear that he assumeth to himself power of appoynting new officers in Christ's house new courts judicatures which Christ did never appoynt of committing Church power to whom he will of appoynting what forme of Government in the Church he thinketh fit modelling the constitution of Church idicatories appoynting who shall be members who not who members siue quibus non of limiting the bounds of their procedour by appoynting what they shall treat of what not of puting life in their canons constitutions c. Thus all Church power shall flow from him he shall become the head of the Church under Christ the same way that he is head of the commonwealth under God And indeed the prelate their creatures are not ashamed in their publick prayers to stile the King head of the Church Now could any faithfull
Govern it outwardly by his lawes inwardly by his spirit but shall we say that therefore any one forme of Governement is necessarie which is neither contained in his lawes nor dictated by his spirit Ans. No not at all for the Government which Presbyterians do account necessary is both contained in his lawes dictated by his spirit as is showne they reject all other formes only because they are not contained in his lawes nor dictated by his spirit He replyeth 2. That if this correspondency hold the Church of Christ must be equally bound to all circumstances of worship Ans. The Christian liberty wherewith Christ hath made us free should not be abridged in the least nor should this correspondency be pressed so exactly straitly as to make it bleed and yet there is no necessity to grant that in nothing the correspondency will hold It is true as to the circumstances of actions much is left to Christian liberty now so under the law in severall things much was left to the liberty of the jews But to say that the modell of Governement should come in among circumstances is to speak without any proof or sure ground especially when the Change of the modell will be the bringing in of a new officer which himself will not grant to be a thing left to Christian liberty He replyeth 3. That there is such a disparity betuixt the Gospell jewish state as will weaken the argument Ans. Of these disparities he nameth foure The first whereof is the same with that which went before viz. our Christian freedome from ceremonies the like But will it hence follow that Christians now must be at liberty to choose what forme of Governement they will popish prelaticall Erastian independent morellian or Presbyterian Must they be at liberty to choise what officers they will Or must they be left at liberty to cut out their work to them It is good to stand fast in the liberty where with Christ hath made us free but it is not good to turn that liberty unto licentiousnesse to extend it beyond the due bounds Mr Silling fleet would do well to have a care of the first day sabbath â—…st he let the morality of that passe with the morality of Church governement in specie for his grounds will lead him sorth equally against both The second difference is this That the Government of the tribe of Levi was agreeable to the rest of the tribes therefore of the argument hold Christ must prescribe a civil Government Ans. whether the Goverâ—…ent of the tribe of 〈◊〉 was 〈◊〉 or not is not very materiall for this is certaine Moses was faithfull in the house of God ordering all things according to the will of God So must Christ be in his own house Church ordering all things there according to God's minde It is not the Government of the state but the Government of Christ's house which is looked after But. 2. Had the Church under the law no Government Where was their priests their Levites then where was their Sanhedrin lesser greater Sure this was distinct from the Government of other tribes Yea even from the Government of the tribe of Levi as it was a part of the state And as a Church they had other officers then the state had His third difference is That the jewes were a whole intire people when one set forme of Government was prescribed them but the Church of Christ was but in forming in the dayes of Christ the Apostles therefore one could not serve it then now when whole nations are converted A pastor deacons might serve a a city when converts are few but cannot when increased to many congregations Ans. This will plead for a necessity of multiplying officers of the same kinde conforme to the multitude of beleevers but will not evince a necessity of having new officers It will plead for the enlargeing of the same Species of Government but not for the bringing in of a new Species though the garment cut out for one in his infancy will not serve him when growne in years yet a garment of the same kinde of cloath will serve 2. It is strange that when the Church was small she behoved to be ruled by a company of presbyters but now when she is grown large one Bishop will suffice One would think that if the Government had been episcopall then it should be presbyterian now for the larger the Church is she requireth the moe Governours 3. There is mention made of the Churches of Iudea Galatia Asia Syria Cylicia so of many large countreyes territories converted unto the faith and why might there not such a modell of Government be fallen upon in those large countreyes as would suite whole Kingdomes 4. It is sufficiently known that Presbyterian Governement will suite all Churches be they lesser be they larger were there but one congregation of beleevers in a countrey Presbyterian Governement will sit that litle Church againe were there great Kingdomes nations converted the same Government would suite them most certainly attaine the end for which it was appoynted 5. If the forme of Church Governm which Moses did appoynt did suite the jews both when they were in the wildernesse walkeing as an army when they were setled in the land of Canaan in a formall compleat Kingdome where their number was multiplied when they were under Various sorts of civil Government sometimes under Iudges sometimes under Kings shall Christ be lesse faithfull not appoynt such a Gospell Government as will suite a greater Church as well as a lesser suite the Church under whatsoever kinde of civil Government she may be His fourth difference is almost the same with the second for it is this The jewes lived under one civil Government but Christians under diverse formes then as Church Government at the first was formed according to the civil Government so should it be now Ans. That the jewish Church Government was of the same kinde with the civill Governement is not yet proved it cannot be yeeld ed without probation 2. The parallel betwixt Christ Moses lyeth not in this that both did follow one immediat copy but in this that both did institute a Government according to God's will such a government as he would have set up in the Church to continue in the Church so long as that polity should stand that is to say as Moses did appoynt a government which should unalterably endure so long as the temple the typicall dark dispensation should stand so Christ should appoynt a forme which should unalterably endure so long as the new dispensation should last that is untill the end of the world for Christians look for no other change 3 One the same forme of Church Government will suite all Churches now in all time coming under what soever kinde of civil Government they be as hath
possiblie shall finde some unfaire dealing However unto these whom he cirâ—…th it will be sufficient though he had foure for each one to oppose the testimonie of Churches which may be seen in the harmonie of confessions whose testimonie is of much more authoritie then the testimonie of Twenty privat divines moreover he well knoweth that of privat divines many are against him for one who is for him Obs. 11. He telleth the reader in his preface that he doth not write to increase the controversies of the times nor to soment differences but his designe is to allay the heat abate the fury of that ignis sacâ—…r or erysipelas of contention so all alongs in his preface he would make his reader beleve that he designed nothing but peace accordingly he intituled his book Irenicum a Weapon-salve for the Churches wounds No man must search his heart or judge in those matters but this is certane if such was his designe the meanes he hath fallen upon look not to be very suiteable thereunto how such an under taking as this shall heale the Churches wounds is hardly imaginable And therefore it may very well be stiled a Weapon-salve whose way of cureing is not very rationall or obvions to every one Yea nor naturall if many may be beleeved And this phisitian's undertaking shall never cure the Churches wounds by Sympathie what ever it may do by antipathy It seemeth to be a sad interlocuture of a judge when a plea cometh before him betuixt a rober one who offereth to produce his evidences rights for such a possession to say that all is common every man hath a like right to all may lay clame to what he pleaseth just such is this learned man's determination of the question in hand The Presbyterians offâ—…r to prove their right by the Testament of Iesus Christ to prove that prelats are usurpers his interlocuture is that neither presbyterian nor prelat hath more right then other each may take what they please If this be a way of ending controversies healing wounds it is indeed by the weapon salve of antipathy And the reader may judge whether it be not the readiest way to increase divisions contention in the Church whether or not these piles that seem very sweet pleasant to the palate may not prove â—…uell to that bilious humor which as he himself confesseth is too too predominant already Sure it is he seemeth not be a man for peace who thus hath his hand against every man every mans hand against him But if he would have united the broken divided subdivided Church he should have taken a way to have strengthened her union with the head Union in an evill cause is not good Pilat Herod can a gree in a matter against Christ such an union as this looketh rather like the fruite of the weapon salve then any thing else It is sad that he could not get this weapon salve made up without such an ingredient in it as wrongeth the head King of the Church it is an evidence of an Empirick ill skilled phisitian who cannot attempt the cureing of one desease without the causing of a worse nor make a salve to cure a wound in the body till first he wounde wronge the head Could this learned man fall upon no way to cure the bleeding wounds of the Church but such a way as in some degree measure is a putting the crown off the head of Christ Iesus who is head of the Church the scepter out of his hand for to say that he hath not setled the Governement of his own house by appoynting his own officers appoynting each of them to their own work is to say he doth not acte the part of a King Governour in the Church which is his Kingdom of how dangerous consequence this is himself may easily perceive Obs. 12. It is likewise strange that this learned man should have made choise of such an opportunity occasion wherein to vente his notion for in so doing he hath no way consulted the good edification of the Church Because he might well have known that by his book the higher powers of the land would have been much encouraged to set up the former prelaticall Government which had occasioned so much persecution unto the truely godly so much opposition to piety to the work of grace so he might well have expected to see all these evil consequences natively springing up againe to see the Church of God decaying as much if not more then ever for that is a Governem which destroyeth the very ends of Government because no man were he never so good could governe the Churches after that manner to edification He might easily see that one man could not watch over in all the duties of a watch man so many thousands or rather hundereds of thousands as by that Government he would be set over It is true he adviseth to have lesser dioeceses but still his thesis standeth many will read ponder his thesis the drift scope of his book that will never value or regaird these few lines of cautions or of advice which he setteth down in the end of his book He might well have known that the setting up of that Governement would have been as he may now see with his eyes matter of joy Gladnesse unto all the prophane rablâ—… in the land matter of lamentation grief unto the godly pious He might well have known that by that government godly pious conscientious able Ministers of the Gospell should be persecuted thrust to the door prophane lazy every way unfit men should be put in the Ministery who can do nothing else but read the service book a homily He might well have known that by that governement such as were no Church officers should have the management of discipline such as Chancelours their assistants Yea he might well have known that if that government had been set up againe the whole work of reformation should be demolished cast to ground as he may see it done to day his eye may affect his heart if he be a kindly son of Zion a lover of the work of reformation which God owned carryed on wonderfully to the Amazement of all might not these things have deterred this learned man from venting his notions when he might as easily have seen as he might have opened his eyes that the consequences thereof should have been bitter lamentation wo to the poor Church of Christ in Britaine Irland what he can pretend to counter vaile this damage is not imaginable For all his pretensions of peace union evanish at the first appearance of these destructive irremediable inconveniences And finally it is yet more wonderfull strange how this learned man hath been so bewitched blinded with his
a privilege of the crown to the hazard of life all shall any Christian accounte such things as are reall privileges of the crown of Christ frivolous And not worth the hazarding of any thing for The asserting of Christ to be head King of his Kingdom which is distinct from all other Kingdoms upon earth that he alone hath power to rule this his Kingdom with his own lawes by his own officers And that none may rob him of his crowne scepter or of any part or pendicle thereof seem to be no small matters Who will condemne the generation of the righteous who like valiant souldiours have stood for the defence of their master's prerogatives would not give their consent unto the spoiling of his crown no not in the least even when condemned to death therefore banished out of the land of their nativity The words of famous Mr Welsch in his letter to the Lady fleeming from his prison at Blacknesse Ian. 1606. Are worthy to be noticed keeped on record What am I sayeth he that he should first have called me then constituted me a minister of glad things of the Gospell of salvation these fiftine yeers already and now last of all to be a sufferer for his cause and Kingdom to witnesse that good confession that Iesus Christ is the King of saints that his Church is a most free Kingdom yea as free as any Kingdome under heaven not only to convocate hold and keep her meetings conventions and assemblies But also to judge of all her affaires in all her meetings and conventions among his members and subjects These two poynts 1. That Christ is tho head of his Church 2. That she is free in her governement from all other jurisdiction except Christ's are the speciall cause of our imprisonment being now convict as traitors for maintaining thereof We have been waiting with joyfulnesse to give the last testimonie of our blood in confirmation thereof If it would please our God to be so favourable as to honoure us with that dignity Obj. 10. Howbeit the matter as set forth by you seem considerable yet as comprehended in the oath it seemeth very inconsiderable Were these things expresly affirmed there were some colour of reason for refuseing to acknowledge the same but seing they are only your inferences groundlesse feares there is lesse reason to refuse the oath Ans. It is no new thing for sufferers to be blamed as faulty This is certaine every one may see it that the temptation is stronger for taking then for refuseing of the oath there being much more outward worldly advantage to be had by taking then by refuseing of it and therefore such should be Christianly sympathized with seing the matter they stand upon is not tâ—…ial the bussinesse they contend for is concerning the due bounds marches of the Kingdome of Christ concerning the just extent of the privileges of his crown if they be mistaken it is in this they are mistaken They desire not to rob the civil Mag. of his due but when they apprehend that there is an in croachment made by him upon the privileges of Christ as King head of his Church no tender Christian will blame them for standing upon their ground to be willing for the interest of their Lord master to lose their liberties yea their lives too But. 2. It is sufficiently manifested already that neither these inferences nor their feares were groundlesse so that it were superfluous to adde any more here for cleareing of the same Obj. 11. But the Parliament or Councell would give liberty to persones to explaine themselves to expresse what their meaning of the oath was in what sense they would take it Why was not this favour accepted might they not have taken it in their owne sense seing no doubt that would have been a saife sense Ans. 1. Some indeed reporte that this favour courtesy was conferred on them in private and therefore they had no scruple to take the oath but all had not this in their offer 2. Others as wise judicious would have looked upon such an offer as no savour or courtesie at all indeed it deserveth not the name of a favour to give liberty to any to mock God others themselves Such a liberty could be nothing else but a snare to the conscience For by words to put a glosse upon a written or printed oath which in strick construction it will not bear then sweare it subscribe to it is to mock the most high who will not be mocked To subscribe an oath in terminis as it is offered set down in write or print after it is mentally or verbally glossed is to stumble the truely godly to harden the wicked in the age present to mock posterity who shall see the oath in terminis subscribed but neither see nor hear of the glosse which as a salvo was cast in yea it is to deceive themselves by intangleing themselves into the bonde of a sinfull oath with faire speaches plausible apprehensions or rather dreames But. 3. Why would they not suffer such as they required to take the oath to set down their sense in plaine tearmes before their subscription And why would they not rest satisfied with that which the Six or Seven forementioned ministers did Sure if it had been tendered upon any other account then as a snare to the conscience this would have been granted but it is true the taking of the oath after that manner would not have served their purpose so well as now it will when subscribed as set down in terminis liâ—…ra scripta manet dolus versatur in generalibus 4. Who ever would have fuller satisfaction to this objection let him consult Doct Sanders de jur prom oblig prael 6. § 10. whose words shall be here translated set downe atlength because so full satisfactory dico sayeth he speaking to the same case c. i. e. I say that it may be suspected that there is some deceit â—…rking therefore every pious prudent man should refuse such an oath offered under such termes 1. Because in the oath it self truth is required but a proposition having an indefinit and ambiguous sense before there be a distinction used for clearing is no true proposition yea it is not a proposition at all for a proposition as children know by it's dâ—…ition should signifie either truth or falshood without ambiguity 2. Because of him who tendereth the oath for the proper end of an oath is that he in whose favours it is taken should have some certainty of that whereof he doubted before but there can no certanty be had out of words which have no certaine sense 3. Because of him who sweareth who if he take such an oath on these termes either stumbleth his neighbour or else spreadeth a net for his own feet For to what else should such
Church is lawfull when the case so falleth out that union cannot be keeped up with her with out sin much more will a forbearing to hant the ordinances in such a particular parish to attend the Ministerie of such a particular person be iustified as no sinfull separation when the contrary cannot be done without siâ—… so it is in this case as hath been showne above Reverend Famous Doct. Voâ—…tius 〈◊〉 Eccles. Pag. 68. Quaest. 17. Granteth that upon some such occasion one may â—…bstean from explicite communion with a particular Church for these reasons 1. Such communion is not absolutly Necessary necessitaâ—… Mediâ—… nor yet necessitaâ—… praeceptâ—… when the Christian shall have more peace of conscience free exercise of Christian duâ—… else where 2. such persons may keep communion with other purer Churches in other places And Famous Mr Rutherford in his due right of presbyteries Pag. 253. Pag. 254. Where he is laying down some considerations about the degrees of separation sheweth us That there is a separation negative or a non union as That in Augustin's time when the faithfull did separate from the Donaâ—…sts which is lawfull landable now if there be a separation here it can only be a negative separation not a positive separation He sheweth us againe ibid. That there is a separation from the Church in the most worst part a separation from the least best part that these who separate from the worst greatest part do notwithstanding remaine a part of a part in the visible Church because they do not separate from the Church according to the least best part thereof as the godly in England who refused the popish ceremâ—…nies Aâ—…tichristian Bishops Hence it will follow that though now people should withdraw from communion with the greatest part of the Church which is now corrupted they cannot be accounted separatists because they hold still communion with the better though lesser part Moreover he sayeth Pag. 254 255. That there may be causes of non-union with a Church which are not sufficient causes of a separation as before the jewes came to blaspheme openly as they did Act 1â—… 44 45 46 18. 16. there was no just cause why any should have joyned to the Church of the jewes seing there was a cleaner Church to which converts might joyne themselves Act 2 40 41 42. And whether or not the reasons formerly laid down will be a just cause of non union which is all we plead for let the reader judge Lastly he tels us ibid Pag. 255. When the greatest part of a Church maketh defection from the truth the lesser part remaineing sound the greatest part is the Church of separatists though the manyest greatest part in the Actuall exercise of discipline be the Church yet in the case of right discipline the best though fewest 〈◊〉 the Church For truth 〈◊〉 like life that retireth from the manyesâ—… members unto the heart there remaineth in its fountaine in case of dangere So that it is the Major part which hath made defection that is to be accounted separatists not such as stand to their principles though they cannot complye of joyne with the corrupt majoriti Hence it is aboundantly clear that such as refused to obey this Act cannot be accused as guilty of sinfull separation It will be objected thirdly That by refuseing to obey that Act they declare they look not on these men as Ministers if they account them no Ministers they must say that their baptizeing is no baptizeing also that the Church of Scotland now is no organicall Church And that such do well who refuse to bring their Children unto them to be baptized Ans. 1. Though it were affirmed positively as it is not that all of these men were no Ministers Yet it would not follow that the Church of Scotland were no organicall Church because all these ministers who are now violently restrained from exerceing their Ministeriall function are Ministers officers of the Church of Scotland though bound up from exerceing their office for as no deed of a Magistrat can loose a Minister's relation so long as his life is in him unto the Church universall so no deed of the Magistrats can loose a Ministers relation to the nationall Church whereof he is a member so long as he remaineth â—…vis regnâ—… is not banished out of that Kingdome Yea reverend Apollâ—…nius in his jus Majestatis circa sacra Par. 1. Pag. 331. thinketh that when a Minister is wrongously put from his charge by a Magistrat he remaineth still a Minister of that Church from which he is banished jure divino Because of his call hath a right to exerce all his Church power there as a wife ravished from her husband remaineth still his wife because of the marriage covenant which is inviolable therefore all these Ministers who are yet within the Kingdom are reall officers of the Church of Scotland full compleat officers as to the power only they are violently restrained from the actuall exercise of that power And therefore the Church of Scotland is still an organicall Church as a man is an orgâ—…nicall body when bound hand foot so as he can neither work nor walk But 2. Whatever may be thought ofsome of these men whose being reall officers in the Church of God as was said may much be questioned what sad consequences may follow upon the nulling of their office let these see to it who either send such forth or imploy them Yet as to all of them this forbearing to yeeld obedience unto this Act will not ground the consequence alledged For there is a difference betuixtthe not owneing dis-countenanceing of a man as no Minister at all or no Minister of the Church universall And dis-owneing or dis-countenanceing him as not being their minister in particular or as pastor of such a particular flock It is certane a man may be a Minister of the Church universall yet not the Minister of such or such a particular place It is certane a man's relation unto such or such a particular flock may be Changed by transportation when his relation unto the Church universall abideth And so it is certane that a denying of one to be a Minister of such or such a particular flock will not by any good consequence be a denying of him to be a Minister at all Many things may loâ—…se a Minister's relation to such or such a particular congregation which will not a null his relation unto the Church universall And when his relation to such a particular flock is loosed that particular flock is loosed from being a flock owneing him as their Minister for relata se muâ—…uo ponunt et tollunt And when such or such particular persons refuse to owne such a man as their pastor in particular it cannot be inferred that therefore they deny him to be a Minister at all Unlesse this consequence
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
solide peace agreement for the time to come offered to K. Iames. 5. Then unmarried his doughter to make him King of great Britane after his dâ—…ath in the mean time to give him the stile of the Duk of yorke King Iames pleasing these proffers assenteth câ—…descendeth on a day on which he should meet with the King of England accord upon all matters But at the instigation of the popish-Church men other courtiers who were driveing on their own dâ—…signe he breakeh his promise with the King of England And when Anno 1540. Ambassadours were sent againe from England to desire that the King would goe to York there treat with the King of England conforme to the last agreement The priests stood in the way here also with which the King of England was offended resolved to raise warrs against Scotland The result of which war was that at length the scottish forces were all scattered broken at the report of which defeate the King was so grieved vexed that within few dayes he died Againe when King Iames 5. Dieth the King of England communeth with the Scottish prisoners whom he had taken at the last battell concerning the marrying of his sone with the young Queen King Iames his doughter when they promised to do what they could without wronging either the publick good or their own credite he sent them home appoynting them to leave some pledges in their room at New castle This was in the end of the year 1542. when the Parl. conveened in March next the businesse was concluded thereafter the contract was signed by both Kingdoms solemnely subscribed in the abbay of Halirood house the sacrament was broken as the forme was betwixt the Governour of Scotland Mr Sadler Ambassadour from England But the old Queen the Cardinall being against the match stirre up all to a breach perswade those who had been prisoners in England not to return thither to relieve their pledges only the Earle of Cassiles from whose constancy faithfulnesse the Earle who now is is not degenerated but as his predecessour was sole in keeping Covenant so is he singular went according to his promise relieved his owne pledges being approven by Henry for his constancie faithfulnesse was freely set at liberty sent home But what followed upon this breach of Covenant Many sad intestine broiles and commotions tending to the weakening breaking of the Kingdom at length King Henry took occasion to avenge this breach of Covenant sent his Navy towards Scotland landing ten thousand men at Leth who did burne Edinb many places thereabout againe his army did enter the borders waste burne all about Kelso jedburgh thereafter they spoile waste all the Mers Teviotdale Lauderdale some yeers thereafter viz. Anno 1547. He sendeth a great army againe into Scotland when it lay about Pinckie there was a letter sent unto the scottish forces shewing the ground of the war not to be avarice hatred or envy but a desire of a firme â—…asting peace which could not otherwise be had then by the marriage which was proposed assented unto by the Estates an agreement thereupon sworne subscribed But the scottish army would not hear of this but resolve on battell at length were overcome suffered great lose For almost all the young nobleman of Scotland with their friends followers were killed This 10. of Septemb. 1547. may yet preach unto Scotland how God will avenge perfidy all the nobles and others of Scotland who have now broken Covenant may remember pinckie field The french History sheweth us what way the Lord avenged the bloody perfidiousnesse of Charles 9. who had broken five or six severall pacifications conclusions of peace solemnely made ratified betwixt him the protestants For he was smitten with a vehement desease causeing him to wallow in his own blood which he vomited out in great abundance by all the conduits of his body for divers houres till he died And how Henry the 3. Who had been perfidious in breaking the articles of peace concluded with the protestants first about the year 1576. where among other things he avowed by solemne declaration that the Massacre committed Anno 1572. was against all right law of armes then againe An. 1580. Was stabbed in the belly with a knife by Iames Clement a Iacobin Friar in the very chamber where the former King contrived that Barbarous massacre on S. Bartholomew's day Anno 1572. Any who is well versed in History may fill up many pages with such sad lamentable Histories concerning Gods avengeing Covenant breaking these which have been mentioned may suffice for a taste SECTION XXII The solemne league Covenant vindicated And the author of the seasonable case caet Answered THe last thing which remaineth is to shew the vanity of their pretensions who plead the nullity or non obligation of those Covenants It is matter both of admiration of grief sorrow that there should be any found within the Church of Scotland who had so far forgotten themselves as now to turn not only enemies to piety Christianity but enemies also to very humanity not only break Covenant-tyes themselves but also teach others to do the fame that without any fear of punishment either from God or man But God who is Jealous will not be mocked let men dream of exemption as they please by sophisticall chifts think to blinde their owne eyes the eyes of others God who will not hold them guilt lesse that take his name in vaine will no doubt by sad answers from heaven discover the impiety folly of these patrons of prophanity inhumanity Severall in the Kingdom of Engl. have vented their skill in that blake art of looseing the bonds of sacred Covenants But their principles tending to all prophanity have been sufficiently discovered answered by Ms Crofton Timorcus there is one in Scotland who in a late pamphlet intituled The seasonable case of submission to the Church Government c. tryeth how far his skill will reach in this art O how fitly may that of Plautus be applyed to this generation Nostra â—…t as non mulâ—…um fidei gâ—…rst Tabulaeotaniâ—…r adsunt 〈◊〉 dâ—…odecim Tempus â—…cumque sâ—…bit actuarius Tamen invenâ—…r Rhâ—…r qui factum negat But who the author is who can tell For though the pamphlet be published by orderâ—… so countenanced by authority Yet he putteth not to his name being as would appear ashamed to patronize such a bad cause least of all can he be known by the description he giveth of himself in the frontispiece 〈◊〉 lover of the peace of this Church Kingdom unlesse he meane such a peace as is the plague of God upon the heart filling it with senslesnesse stupidity lulling it asleep in his iust judgment
trust or commit their soulls unto a perjured man How can such an one who hath once so palpably perjured himself presume ever to set his feet within a pulpit againe And thus it is clear that this case maketh nothing against the Covenanters so the first assault which he hath made upon the Covenant is repulsed very easily The next ground which he layeth down is this That if the Covenant be not rigidly interpreted strained it will not hinder a complying with the present prelacy that upon these two grounds 1. At the time of the taking of the Covenant there was no such Church officers in Scotland as are mentioned in the 2. Article therefore Scotland did not need to swear to endeavour their extirpation And 2. The Parliament of England the giver of this oath intended nothing lesse then the extirpation of all kindes of prelacy Bishops in the Church for this he bringeth in the authors of the Covenanters plea Mr Baxter Mr Gataker Mr Vines as confirming this notion of his Unto all which a short answere may suffice for though it might be easily demonstrated that those men mentioned by him do not approve of that species of Episcopacy which is noâ—… set up in Scotland that they have said nothing whâ—…ch will speak out their judgment of the complyance of the. 2. Article of the league Covenant with the Scottish Episcopacy yet it doth not much concerne these in Scotland to search to try narrowly what is the judgment of any particular divine how eminent soever in England concerning prelacy Nor what sense or glosse they put upon the Covenant or upon any particular article thereof Though it is very probable that they will not put such a favourable interpretation upon that article as shall make it an interpretation not aequitate temperatam but Gratia corruptam Yea nor is it of much concernment to these of Scotland to search after the sense or glosse which the Parliament of England did put upon it though no difference can be apprehended betwixt their sense the sense of the Kingdom of Scotland seing they did not tender that oath unto Scotl. but they are to look rather unto the sense glosse which the Church state of Scotland in their publick meetings did put upon it it is clear that they intended no complyance betwixt the Covenant this prelacy Though it is true at the taking of the Covenant there was no such officers as are there named in Scotland Which is all the weak ground he goeth upon as to this particular yet albeit Scotland had gotten those unhallowed plants plucked up casâ—…en out they were not out of all fear of them The dangerous Estate of the Church Kingdom of Scotland at that time said they were not without feares that these plants might againe take rooting if the popish prelaticall malignant faction had prevailed in the Kingdomes And therefore they were called to fortifie themselves against those plagues evills by a solemne league Covenant But moreover doth not the very words of the second article expresly exclude the prelacy which is now in Scotland Is not the Church of Scotland at present governed by two Archbishops and by tuelue other bishops Have not those bishops their deanes their arch deacons c. And is not the 2d article expresly against such a government by such officers Who that hath eyes in their heads can doubt of these things Moreover will he suppose that the Church and state of the Kingdom of Scotland were such ignoramuses as to set down contradictories in the Covenant that when they had sworne to maintaine the discipline government of the Church of Scotland which himself will confesse was presbyterian in the first article in the second article had abjured a government in the Church inconsistent with presbyterian government should be thought with all to consent yeeld unto such an episcopacy as should be inconsistent with presbyterian government Which were in effect to say They swore to maintaine presbyterian government yet might receive another government distinct from inconsistent with presbyterian government And though they abjured prelacy yet not every prelacy for they might for all that accept of one sort of prelacy which yet should be inconsistent with presbyterian government But possibly this advocat saw he would be ashamed of such things therefore went to England to seek such help as he could finde but all the help he hath gotten there hath made little to his purpose Finally this author would do well to follow D. Sand. his advice ubi sup prael 2 § 9. where he discourseth thus when I say an oath is stricti juris that is to bâ—… understood thus that the meaning of the oath is to be keeped when the same is clear from the words And is not the sense of the 2d article of the Covenant as clear as can be But put the case it be dubious heare what he sayeth furder But when the meaning is doubtfull every one is carefully to take heed that they indulge not their own affections inclinations or give way unto toolax large a license of glosseing to the end they may with more ease loose themselves from the obligation of the oaths with which they are bound or give such a sense unto the oath or to any part thereof for their own profite advantage as no wise prudent man who is not concerned in the matter and so having no interest is at greater freedom to determine can be able to gather from the words themselves the reason is twofold one in respect of others and for fear of scandall lest any other who is weak bâ—… moved to think he may lawfully do what he seeth us do being ignorant of those subtilâ—…es with which alone we think to defend ourselvs from perjury The other in respect of our selves for fear of perjury which is a most grievous crime and which undoubtedly we bring upon ourselves if that more favourable interpretation deceive us This reason dependeth upon that generall most profitable rule in matters doubtfull follow that which is saifest thus he solidely judicously What he addeth here against the nationall Covenant shall be considered fully in the next Section When thus he hath spent his master pieces against this Covenant he cometh in end to try what his third last device will do that is to muster up some stragling faults which he espieth either as to matter or manner which though granted to him would not much advantage his cause or say much for looseing the obligation of the oath now after it is taken Yet because he vapoureth much in his expressions here would gladly deceive the simple who are not well acquanted with the nature of oaths but are ready to think that the least escape in the manner of entering into an oath is enough to dissolve its obligation after it is taken not knowing that
Printed records They declare that in their undertakings they should preferre no earthly consideration to their dutâ—…es for preserving of religion in Scotland in doctrine worshipe discipline government as it is already established to endeavvour to setle it in England Ireland according to the Covenant also in their answere to some committees of Shires they declare that they had nothing before their eyes in that undertaking but the preservation good of religion the endeavouring the setling of it in England Ireland according to the Covenant in the first place before all worldly respects his Maj. rescue from â—…his base imprisonment his re-establishment upon his throne in all his just powers the saiftie of this Kingdome from danger on all hands the preservation of the union brotherly correspondence betwixt the Kingdomes under the governement of his Maj. of his royall posterity according to the Covenant So that the gentleman the author of this pamphlet publisheth his mistakes to the world when he would inferre thus was this right that where our alleagiance binds us to duty to a greater latitude this should be held out to people as the only standard of their loyally duty to the King Was it found Doctrine to insinuat to the sense of intelligent men that we were not otherwise bound to defend him Was it well by such a clause to give occasion to wicked men to think they were no furder obliged to him then he should desend that which they accounted religion And that the folly of his consequencesmay furder appear it would be considered that there is a clear difference betwixt these two Owneing of the King defending his authority never but when he is actually owneing active for the cause interest of Christ And owneing of the King defending his authority alwayes but when he is in actuall opposition in a stated contradiction to the work interest of Christ So is there a difference betwixt these two Non-concurrence in defending promoveing of the King's authority when he is opposeing the work of God And actuall anulling diminishing or utter overthrowing of his power authority when he is so stated And so when the Covenanters say That they are not bound to contribute their power in their places capacities to promove or defend his Maj. power authority when he is in a stated opposition to the work of God when the advanceing of him to his full power authority would cetanely tend to the ruine desruction of the cause people of God yet they do not say that they are never bound to defend him but when he is actually promoveing advanceing the work of God according to his full power place Nor do they say that when he opposeth the work of God they are at liberty to destroy his person or to spoile rob him of all his just power authority And therefore both that clause in the Covenant their proceedings may be abundantly justified without laying down any ground for the taking away of the late King's life without clashing with or contradicting the confessions of protestant Churches or of their owne soâ—… still they acknowledge that difference in Religion doth not make void the Magistrat's just legall Authority not free the people from subjection But that this may be a little more clear let this example be considered A Father turneth phrenticke mad seeketh to destroy the whole family calling for a sword liberty to execute his cruelty His sones rise up binde his hands withhold the sword from him withall sweare to stand together in their own defence to defend their Father's just right power in the defence of the family Now in this case can any say that they were undutifull children or that their covenanting so adding that clause in the Covenant sayeth they were free to cast off the relation that is betwixt him them except he guide the family in all poynts as they would have him doing No in no wayes Here then it is clear that their refuseing to put the sword in their Father's hand while under this distemper is no act of undutifulnesse It is no lessening of the Father's just power over the family nor doth it say that they thinke themselves not bound to owne him as a Father except when he is actively promoveing the good of the family far lesse doth it say that they think because of this distemper they may destroy him or that the relation betwixt them him is broken up for ever So then though this Advocat thought he had a faire sield to walk upon a faire occasion to vent his anger against that Church to make her odious to all Churches about yet wise men who easily see that there is no such strong relation betwixt King subjects as betwixt Parents Children will acknowledge that his ranting is without reall ground And that Scotland in their treaties with the King at the Hage at Breda in their actions at home did nothing but what they may hold up their faces for both before God Man doing nothing herein which either contradicteth their own confession of faith or the confession of faith of other Churches Not their own confession of faith For if the large confession of faith be viewed which was approved by the Parliament insert in their registres In that head of the civill Magistrate these words shall be found We confesse and avow that such at resist the supreme power doing that thing which appertaineth to his charge do resist God's ordinance and therefore cannot be guiltlesse furder we affirme that whosoever deny unto them their aide counsell and comfort whiles the Princes and rulers vigilantly travell in execution of their office that the same men deny their help support and counsell to God who by the presence of his lifetenant doth crave it of them So that all the resisting which is there condemned is resisting of him while doing his duty executing his office not while he is seaking to destroy Religion the interests of Christ. Nor the confession of other Churches for in the former confession of Helvetia upon that head of the civill Magistrate they say as it is in the English edition We know that though we be free we ought wholly in a true faith holily to submit ourselves to the Magistrate both with our body and with all our goods and endeavour of minde also to performe faithfulnesse and the oath which we made to him so far forth N. B. as his government is not evidently repugnant to him for whose sake we do reverence the Magistrate So the French in their confession Art 40. say 〈◊〉 must willingly suffer the yocke of subjection although the Magistrats be infidels so that N. B. the soveraigne Authority of God do remaine whole and entire and nothing diminished And which is worth the noticeing the practice of
jurisdiction being exercised by Bishops or superintendenss or commissioners And these Though the assembly quarrelled them were reall Bishops And would the King by his oath abjure that Church Government which was not rejected by the Church till Iuly 12. 1580. And in the yeer 1581. Though the King Councell had presented the confession to the Assembly to be subscribed by them by the people in their parisâ—…es yet that very same yeer within six moneths thereafter there is an act of councell confirming expressly the agreement at Leth 1571. And this act of Councell the King did openly avow in the businesse of Montgomery Now it is not probable that the King Councell if they intended to abjure episcopacy by the confession would within six moneshs confirme that agreement at Leth. Ans. 1. It hath been shown but just now that severall yeers before the yeer 1580 The Generall assemblies of that Church were declareing themselves against prelats their power were acting so far as lay in their power and that was much considering what opposition they did meet with for presbyterian government 2. It is certaine that Church Government by prelats was never approved by any of the generall assemblies in those dayes 3. Though before the yeer 1580. The Assembly did not formally passe an act against Episcopacy Yet was it not equivalent when Anno 1577. 1578. The second book of discipline which overturneth the Government of the Church by Bishops was approved 4. This same act of the Generall Assembly at Dundee was before the subscribeing of the Covenant For it was in Iuly the Command for subscribeing of the Covenant came not forth till the 2 March thereafter that 2d of march was said to be Anno 1580. as well as Iuly before because at that time the denomination of the new yeer did not begin in Scotland untill the 25 of March so it is his mistake to think that the Covenant was enjoyned to be subscribed six moneths before the Act at Dundee 5. Whereas he sayes that An. 1580. there was no such thing in Scotland as government by presbyteries if he meane that that government was not setled thorow the whole Kingdom he speaks truth but nothing to the purpose but if he meane that in no part of the countrey there was any such government he is mistaken for at the assembly Anno 1578. there was mention made of presbyteries for amongst the articles which this assembly drew up to be subscribed by those prelats whom they had caused cite before them this was one viz the 6. that they should not Empire over elderships but be subject to them the 7. was that they should not usurpe the power of presbyteries So that there were presbyteries in the land at that time Yea the narrative of the 131. Act parl 8. King Jam. 6. Anno 1584. maketh mention of sindry formes of judgments jurisdictions as well in spirituall aâ—… temporall causes entered in practice and custome and that dureing 24. yeers by past those formes of judgments jurisdictions in spirituall causes were assemblies Synodall presbyteriall parochiall all which were discharged by that Act And hence it is clear that there were such judicatories in the land before the yeer 1580. Moreover at the Assembly 1579. there was a motion made about a generall order to be taken for erecting of presbyteries in places where publick exercise was used untill the policy of the Church were established by law it was answered that the exercise may be judged to be a presbytery So that the Kingdom at that time was not without presbyteries Yea their frequent nationall assemblies shew that the Church was governed presbyterially 6. This is certane That there was some government of the Church sworne to in that Covenant for there are these word in it That we joyne ourselves to this reformed kirk in doctrine faith religion and discipline promiseing and swearing by the great name of God that we shall continue in the doctrine and discipline of thiâ—… Kirk and defend the same according to our vocation and power all the dayes of ourlife Now all the difficulty is to know what this government was And it is certane That either it was the government by presbyteries or the government by prelats It could not be the government by prelats 1. because that was not the government discipline of the Kirk but the government discipline against which the Church had been striveing with all heâ—… might 2. It is not imaginable that the Ministery of the land would swear to defend the government of the Church by prelats all the dayes of their lives when they were usâ—…ing all meanes to have the Church free of that yoke 3. When the confession of faith was presented unto the gen assembly to be subscribed by them An. 1581. would they have assâ—…nted unto the same if thereby they had been bound to maintaine prelacy seing at their very last meeting they had made such an expresse Act against prelats 4. When the Laird of Caprinton his Maj. commissioner did presente unto the generall Assembly the confession of faith or nationall Covenant he presented withall from his Maj. a plot of the severall presbyteries to be erected in the Kingdome mentioning the presbyteriall meeting places designeing the severall parishes which should belong to such such presbyteries As also a letter from his Maj. to the noblemen gentlemen of the countrey for the erection of presbyteries consisting of Ministers elders for dissolution of prelacies may not any hence argue after the author's manner say is it any way probable that the King Councell if they intended to establish prelacy by the confession of faith would in that self same day which is a shorter timâ—… then halfe a yeer wherein â—…he confâ—…ssion was presented as subscribed by the King his houshold to be subscribed by the assemby presente such a plot for presbyteries thorow the whole Kingdom c Let this advocat answere this if he can It must then be an undoubted truth That the government sworne to in that nationall Covâ—…nant was presbyterian government 7. And whereas he sayeth the King within Six moneths thereafter did stand to the agreement at Leth avowed it in the businesse concerning Montgomery it will not say much if it be considered how at that time Aubignee grew great at couâ—…t as was shown above Sect 1. Obtained the superiority of Glasgow made a paction with Montgomery And when the Church judicatures were examineing the carriage of this Montgomery first last he stirred up the King against them what will all this say But that Kings had need of faithfull constant counsellours about them lest they be made to undoe their owne works in a short time There was many a change at court as contrary parties gote up so was the King sweyed He addeth That neither did tâ—…e assembly or any Minister speak of that deed of the
was some difficulty whereby one article was unclear to them at that time could not think that prelacy was undoubtedly abjured Yet others did those same who at first did doubt received light by the assemblies declaration then saw that by the Covenant when first taken by the Church prelacy was abjured And that by their taking of the Covenant according to its true genuine native first sense now discovered made plaine though before as to this particular unclear they had also abjured the same governement of the Church by prelats 2. How the Covenant it self importeth the abjuration of prelacy hath been showne above the added interpretation needed not import any such thing Next he sayes Nor hath the body of the people of the land by any after deeds owned that assemblies senseing of the Covenant Ans. Neither was it necessary that they should do so seing by taking of it they did owne it in its true sense the Assembly did no more but declare which was its true sense against which when declared the body of the land did not protest therefore by their silence did sufficiently declare their owneing of that sense as the only true sense And further the after Actings of the body of the land in prosecuteing the ends of that Covenant did abundantly shew their owneing of that sense of none else Nor sayeth he was there any Act of that assembly ordaineing that all should owne their determination of the sense thereof Ans. And that because there was no necessity for such an Act their clearing of the true meaning of the oath shewing how it could be understood in no other sense was sufficient All such as took the Covenant by a native undenyable consequence beâ—…oved to take it in this sense to owne the assemblies determination because they behoved to take it in its owne sense the assembly did no more but shew what that was 2. There is an Act enjoyning all in time coming for avoiding any further doubt or disput to take it according to their determination in the poynts then debated And an other Act discharging any to take it in any other sense True sayes he but few did so if any did so they are to consider whether they have been too rashly carryed on in the current of that time without 〈◊〉 just examination of matters Ans. whether there were few or many that did so all is one since he thinketh it rashnesse in any to do it But why was it rashness to take a Covenant a lawfull Covenant in its true sense Can this be an Act of rashness oâ—… is it not rather an Act of wisdome deliberation But moreover was it rashness to obey an Act of Councell made Aâ—…st 3. 1â—…39 Concâ—…ng 〈◊〉 is an Act of a generall assâ—…bly having the comfort of civill â—…arction addâ—… by his Maj. câ—…missioner Agust 17. 1639. sure he will not be able to make this good Thus is all which this aâ—…or doth alâ—…dge against the obligeing force of the nationall Covenant answered And now the reader may judge whether or not by vertue of that Covenant which was imposed by lawfull authority both by Church state against which no exceptions of any force can be brought the whole land standeth obliged against the governement of the Church by prelats And whether there can be any clear ground or warrand for abjureing of that Covenant taken from any deed of the Assembly 1638 seing that assembly did nothing but cleare up the true sense meaning of the Covenant out of the authentick records of the Church their sense was approved by his Maj. commissioner by an act of the privy Councell And then An. 1640 all this was confirmed ratified by Act of Parliament So that it must be the height of impiety to subscribe a declaration for abjuration of this Covenant Now may the world wonder at the boldnesse of men who darâ—…upon such slender grounds encourage others unto such horrid Acts of iniquity at the hearing of which heathens may stand astonished Yea which is yet more wonderfull it was publickly debated concluded in Parliament That no Covenant or promise made by the King to his subjects in the time of a civil warre is obligeing but that so soon ever as occasion is offered he is at liberty to break the same though even Grotâ—… connot but say de jur bel Pac. Lib. 2 c. 14 § 6. that from a promise or a Covenant made by a King unto his subjects there ariseth a true proper obligation which giveth right unto the subjects A resolution which may make all protestants in Europe it may be at least in Germany Franâ—… Piedmont the Low countreyes to tremble for all the security which they have for their liberties freedome of religion in peace quietnesse is upon a Covenant 〈◊〉 promise which was made to them in a civil war And if Neighbour princes Kings have this principle in their headâ—… heart protestants have need to be upon thâ—… guaird For now they may see their neck and all iâ—… hazard when ever any occasion is offered they need trust their Kings princes no longer then they see them out of a capacity to hurâ—… Must not those be bloody men whose hearts do thus thirst for Christian blood who have such bloody conclusions resolutions No faith is to be keeped to â—…ereticks say papists no faith is to be keeped unto subjects say they But what if this bloody resolution which they did intend against others shall recurre upon themselves Reader think not this impossible Yea by this resolution they have laid down that ground which in end may prove the most destructive conclusion to the throne that ever was hatched out of hell for let it be but supponed what hath been may be againe is not impossible that there were a civill warre betwixt King subjects how shall it end For now they shall never once come to a treaty no Covenant no agreement no promise will ever be heard of because there is no security in those by their own confession the war then must never end till the one party do utterly destroy the other if the King shall utterly destroy his subjects where shall his Kingdom be And what glorious advantage will he have in that victory And if the people prevail the manifold bypast experiences thorow the world hath made this appear to be the most probable of the two root out the King all his posterity so overturn the throne Let the world judge who is most to be blamed The Dutchesse of Parma gave such an answer at the first unto the nobles of the Netherlands when they desired her to minde her promise That she was not bound to do so further then shee saw it for heâ—… advantage the world now seeth where how that warre ended Euchan recordeth in his annalls lib. 16. That when Alex
The grounds ends of this undertaking SECTION 1. Pag. 5. Sheweth When the Christian religion began first in Scotland That Palladius was the first prelate in Scotland No prelats among the Culdees How when reformation from popery began Superintendents no prelats Nationall Assemblies from the beginning of the reformation How the Tulchan Bishops came in over the Church her belly The Church wrestleth till these be put away presbyterian Government be setled in all her judicatories Anno 1592. The King thereafter incroacheth upon the privileges of the Church Prevaileth with some of the Ministers who betray the Church yeeld to Parliament-Bishops hinder the Church from enjoying her privileges liberties in her free Assemblies The faithfull Zealous are persecuted Parliaments carry on the King's designe with violence Corrupt Assemblies are convocated to further his Maj. designe to give Church power unto these Parliamentary Prelats Parliaments ratifie all The Church protesteth striveth against all this what she can The prelats being now inthroned tyrannize over oppresse the faithfull laboure to have ceremonies imposed upon the Church with force acts made in Parliament for bringing in the surplice Corner cap unto which some worthy nobles could not assent Anno 1633. Who are therefore accounted rebels traitours And Balmerino is condemned The prelats rage without all law draw up a service book book of canans c. SECT 2. Pag. 44. Sheweth How the use of the service book was hindered in Edenburgh Ministers people from all parts of the Kingdome petitioned against it The King favoureth not the petitioners They not withstanding continue in petitioning against the service book high Commission prelats c. Renew the nationall Covenant thorow the whole land The King intendeth a war An Assembly is indicted at Glasgow Nov. 21. And opened up This Assembly condemneth anulleth severall pretended Assemblies the book of common prayer the book of canons the book of consecration ordination the high commission court the ceremonies excommunicateth some deposeth all the prelats War is prepared against them They defend themselves A pacification is concluded another Assembly promised a Parliament thereafter The Assembly is opened up The Parliament is convocated but quickly adjourned Commissioners are sent to London imprisoned A new war is raised by the King Scotland prepareth for defence A new pacification The Parliament meeteth ratifieth all which the Covenanters had done Those acts are againe ratified The Parl. of Engl. beginneth a work of reformation entereth into a Covenant with Scotland the two nations joyntly proceed in the begun work of reformation A party in England strengthen themselves alter the judicatures take away the King's life Scotland bringeth home the prince who sweareth the Covenants is overcome by the Englishes in battell keeped in bondage ten yeers till the exiled King returned Anno 1660. SECT 3. Pag. 69. Sheweth Why these Ministers others who met Agust 23. 1660 were incarcerated what their supplication was And how unjustly they suffered upon that account SECT 4. Pag. 77. Sheweth What were the grounds upon which the Marquise of Argilâ—… suffered how insufficient in poynt of law from severall considerations SECT 5. Pag. 83. Sheweth What were the grounds upon which the life of precious Mr Guthry was taken how insufficient Either in law or conscience SECT 6. Pag. 86. Sheweth Upon what account other Ministers were persecuted And how unjustly Some banished for righteousnesse sake some indictâ causâ An extract of the sentence was refused to thosâ—… to all others SECT 7. Pag. 88. Sheweth The grounds why conscientious Ministers could not observe the anniversary day SECT 8. Pag. 91. Sheweth The reasons why Ministers could not observe the prelatâ—… meetings The author of the seasonable case c. Answered SECT 9. Pag. 101. Sheweth The reasons why ministers could not seek presentations from patrons nor collations from prelats The author of the seasonable case answered SECT 10. Pag. 114. Sheweth The true sense of the oath of alleagiance which was tendered Anno 1661. c. Compared with the former how it holdeth forth a great civil supremacie in the King cleared by the act 11 parl 1661. Which at least is much to be questioned from nine severall grounds And cannot lawfully be acknowledged because of ten dreadfull consequences which shall necessarily follow thereupon The former proceedings of the Church state of Scotland vindicated cleared SECT 11. Pag. 140. Sheweth The lawfulnesse of Scotlands defensive war first from the former practices of Scotland other Kingdomes King Iames King Charles confessions of adversaries next from a true clearing of the state of that war in Six Particulars which obviat all the objections of adversaries And lastly from lawyers adversaries the law of nature the law of nations the law of God sound reason SECT 12. Pag. 169. Sheweth What is the meaning of the oath of alleagiance as to its Ecclesiasticall part What way the King's supremacy over Church persons in Church causes began was carryed on in England How the same was advanced to a great height in Scotland What sense this King the late Parliament did put upon the oath of alleagianee by their Acts Actings How it were sinfull to acknowledge by taking the oath That so much Church power belongeth unto the civil Magistrate cleared by Nineteen particulars SECT 13. Pag. 200. Sheweth The groundlesnesse of Mr Stilling fleet 's notion concerning the divine right of formes of Church governement by making it appear how he overturneth his owne grounds how he misstateth the question the practice of the Apostles ground a jus divinum here Christ's institution the institution of the Apostles is for a particular species Christ's faithfulnesse in his office speaketh much for this The hazard is great in leaving the species undetermined The confession of the faith of severall Churches for a Species How he misseth his pretended end arme And how unseasonable his book is at this time uselesse so long as the league Covenant standeth in force though his notion were true in thesi SECT 14. Pag. 254. Sheweth How weak the Reasons are which plead for the taking of the oath of alleagiance by answereing Sixteen of them SECT 15. Pag. 270 Sheweth How unlawfull it is to owne acknowledge the curats foâ—… lawfull Ministers by fourteen reasons Foure objections answered SECT 16. Pag. 298. Sheweth That it is lawfull for Ministers banished from their owne flocks by a sentence of the civil Magistrate to preach in publick or private as God calleth by Eight reasons Thrâ—… objections are answered SECT 17. Pag 305. Sheweth That it is lawfull for Ministers though censured by the pretended prelate to preach as God giveth a call whether in publick or in private by Six reasons Foure objections are answered SECT 18. Pag. 310. Sheweth That it is lawfull for people to meet together for hearing honest Ministers preach publickly or privately And for other Christian duties notwithstanding of Acts made against it by severall reasons One objection answered SECT 19. Pag. 316. Sheweth How unlawfull it is to acknowledge the high commission court by compeering before it by Eleven reasons Foure or five objections are answered SECT 20. Pag. 327. Sheweth How dreadfull a sin it is to abjure the Covenant a sin aggravated by twelue particulars SECT 21. Pag. 347. Sheweth What judgements perjury hath brought on in all ages out of history sacred prophane SECT 22. Pag. 359. Sheweth The lawfulnesse binding force of the solemne league Covenant notwithstanding of all which the author of the seasonable case c. hath said against it SECT 23. Pag. 391. Sheweth The lawfulnesse of the nationall Covenant as it was sworne subscribed Anno 1638 1639 c. Notwithstanding of all which the author of the seasonable case c. Hath said to the contrary The CONCLUSION Pag. 416. Sheweth What the now afflicted Church of Scotland expecteth from strangers what use they should make of this sad dispensation c. FINIS Whence may not men destruction feare Who with deceitfull hearts do sweare This age wherein we live is void of faith For writes are signed twelue witnesses before The notar writt'th both time place what more Yet come'th a man of words who all deny'th King's words have weight great respect More then all oaths which men exact