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
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
states as is yet to be seen extant in the records of their old treaties of peace with England and France 7. The Estates of Scotland wrote unto the Queen An. 1559. Oct. 23. thus Ex literis tuis ac mandatis c. Buch lib. 16. that is By your letters mandats sent us by a herald we understand how obstinatly you are set against piety towards God and the publick good of our nation the common liberty of all But that we may according to our duty defend all these We in â—…e name of our Kings do suspend prohibite all that publicke admininistration titles and superiorites which you take upon you being certanely persuaded that those things which you â—…ow do are contrary to that constant good will which Kings have carryed towards the welfare of this Kingdome And as you do 〈◊〉 loâ—…k upon us as lawfull subjects of this Kingdome and as a laâ—…full Parliament So nor do we look upon you as regent or as exerâ—…ing any publick Magistracy Especially seing your pâ—…wer if there be any such committed unto you is upon good weigâ—…ty reasons suspended by us in the name of the Kings of this realme So Anno 1567. they put the queen regent mother to King Iames from her regency which deed of theirs is fully vindicated by the earle of Morâ—…on in his discourse to the Queen of England a part whereof out of Buch Lib. 20. because usefull both for clearing of this particular some others before mentioned shall be here transcribed Primum Factum ipsum c. As for the deed it self of punishing Kings or queens The ancient custome of our predecessours will not suffer it to be accounted new for it were not necessary to enumerat how many Kings have been punished by death â—…onds exile by our nobles far lesse were it necessary to confirme this deed of ours by forraigne examples seing there are so many so obvious in ancient histories But now the nation of the Scots have been a free nation from the begining have made Kings to themselves upon these conditions that when necessity required they might dethrone them of which there are many footsteps remaineing fresh unto this day for in the isles about in many places of the continent in which the old language lawes had any abode this custome is followed in the chooseing of their governours to this day And the ceremonies used at the coronation of Kings do clearly demonstrat that the government is nothing else but a mutuall stipulation betuixt King subjects as also the constant tenor of the ancient law by which Kings were inaugurated which remaineth unchanged in the least to this day yea while so many of our Kings have been banished imprisoned or more severely punished there was never one motion made of relaxing the rigour of the law what wonder seing it was not of the nature of those lawes that change with tht time but of those which are fixed in the heart of man by nature consented unto by all nations which being subject to no other lawes do command rule all so that whether we will or not they are before our eyes what ever we be doing stick in our heart This law did our predecessours follow being alwayes armed against violence ready to suppresse tyrants But that I may passe in silence the famous cities of Athens Lacedaemon Rome Venice which keeped this law so long as they keeped their liberty Yea even then when Rome was under tyrants if any good man became emperour he did account it his glory to acknowledg himself inferiour to the people subject to the lawes for when Trajanus gave a sword according to the custome unto the praefectus urbis he said use it for me or against me as I shall deserve and Theodosius a good emperour in these worst times would leave this noble saying among the lawes that he confessed he was under the lawes Neither was this law unknown to barbarous nations as all histories testify But lest I should be thought to gather together examples now out of use I shall onely make mention of two later the one is of Christieris the King of the Dennes who for his intollerable cruelty was put from the Kingdome he all his posterity which is a sadder punishment then ever was inflicted by any of our progenitours what did the mother of Charles the 5 that made her deserve perpetuall imprisonment now what did we but following the examples of so many nations Kingdomes suppresse tyranny which swelled above all law not indeed so severely as our predecessours did in like cases for had we followed their example we had been farr from not onely the fear of danger but also here calumnies Thus he much more is added to this purpose there More over this same Queen regent was told by the Earle of Ruthven that same night that David Rizio was killed as Buch reporteth lib. 17. That the government of the Kings of Scotland was alwayes very lawfull that it was exerted not after the lisst pleasure of any one man but according to the lawes by the consent of the nobles and if any King did otherwayes he suffered accordingly and now Scottish men are not so farr degenerated from the institutions of their predecessours as to suffer the tyranny and slavery of one who is a stranger and whom they look not upon as deserving any honest service 8. Yea in the 8 Parliament of King Iames 6. Act. 2. the honour authority of the Supreme court of Parliament continowed past all memory of men is ratified there it is said That by the court of Parliament under God the Kingdome hath been upholden rebellious and traiterous subjects punished the good and faithfull preserved and maintained and the lawes and acts of Parliament by which all good men are governed are made and established and therefore they statute and ordaine that none take up on hand to impugne the dignity and authority of the estates or to seek or procure the innavation or diminution of their power or authority under the paine of treason It is true that in the preceeding Act they confirme the Kings Royall power and authority over all estates as well spiritual as temporal And therefore their maintaining of the power and privilege of Parliaments is the more remarkable And by the two Acts compared togetheâ—… it is aboundantly clear that the authority mentioned in the first Act of that Parliament which is granted to the king is not over the Estates of Parliament but over private persones whether civill or ecclesiastick And so it is but a granting of him to be singulis major which will easily be granted And this will be more clear if it be considered what occasioned that Act at that time As was shown above in the first Section the Lord was stirring up his servants to act something for the setling of the government of the Church which occasioned the
displeasure of many at court when Ministers were freely rebuking sin in about the court they were accounted railers traitours And being accused of treason before the King his Councill They declined them as incompetent Judges Upon this account in this houre of darknesse by the meanes of the Earle of Arran This Parliament is suddenly called wherby there were two Parliaments in one year 1584. the one meeting May 22. the other which is called the ninth Parliament as the former was called the eight Agust 22. which granteth this supremacy to the King over persones ecclesiastick for formalities sake civil therefore in the end of that act it is declared to be treason to decline his Maj. or his Council in any case So then the question was not betwixt the King the Parliament But betwixt the King or his Councel the Church in spirituall matters It is true also that in the 1. Act of Parliament 18. Anno 1606. His Maj. soveraigne authority Princely power Royall prerogative and privilege of his Crowne over all Estates persones and causes whatsoever is acknowledged But this act is of the same nature with the former no prerogative over above the Estates of Parliament is acknowledged here to belong properly to the Crown And moreover these words are but faire flourishes parliamentary complements Finally the prerogative here spoken of is founded upon personal qualifications where with they say he was endued far beyond his predecessours such as extraordinary graces most rare and excellent vertues singular judgment for sight Princely wisdome the like these may be wanting in one possessing the crowne therefore it could not be the minde of the Parliament to give a supremacy founded upon such qualifications to these who had not those qualifications so they could not annex it unto the Crowne 9. Together with these particulars let this be considered That in 3 Article of the league Covenant they did all swear Sincerly really and constantly in their severall vocations to endeavour the preservation of the rights and privileges of the Parliaments And then it shall appear that there was good ground of scrupleing at that oath which as explained by their acts tendeth to the overturning of those rights privileges For none who desired to make conscience of the oath of the Covenant might swear an oath so apparently opposite thereunto It is true those questions concerning the power of Princes Parliaments are dark ticklish Ministers not being lawyers by profession can not be supposed to be well acquanted with the lawes constitutions of the realme or with the nature extent of the same in all points Yet it concerneth them to see to this that they run not themselves upon the rocks of contradictory oaths And having sworne to endeavour in their places callings the preservation of the rights privileges of Parl. it concerneth them all not alitle to search so far into the rights privileges of Parl. as that they may know when an oath is tendered unto them which crosseth the same being once engadged in an oath in a matter not sinfull not to change or to swear that which destroyeth contradicteth the former oath But leaving those things not laying more weight on them then they will bear other particulars more weighty pressing must be spoken to therefore let it be considered 10. What dreadfull consequences will follow upon the taking of this oath thus explained as to its civil part by the forementioned act concerning the prerogative other acts now to be mentioned as 1. A condemning of the convention of Estates Anno 1643. conform to the Act 6. of this Parliament 2. A condemning of the Parliaments Anno 1640 1641 1644 1645 1646 1647 1648. conforme to their Act 15. as also the committees Parliaments thereafter Anno 1649 1650 1651. conforme to their Act 9. 3. A condemning of all the Acts made by these Parliaments conforme to their Act 3. 4. A condemning of all the meetings Councells Conventions of the subjects at the beginning of the late work of Reformation conforme to their 4 Act. 5. A condemning of the League Covenant conforme to their Act 7. 6. A condemning of Scotlands joyning with helping of England in the day of their straite conforme to their Act 7. 7. A condemning of the renueing of the Nationall Covenant Anno 1638 1639. conforme to the last words of the 11 Act. 8. A condemning of the Generall Assembly 1638 severall others thereafter conforme to their 4 Act. 9. A condemning of Scotlands riseing in armes in their own defence against the Popish Prelaticall malignant Party conforme to their 5 Act. 10. A condemning of their seizing upon forts castles in their own defence conforme to the said 5 Act. Was there not then cause to scruple at the taking of this oath which would have imported a condemning of all those things sure there was as shall be showne in speaking to each of the particulars mentioned Now it is clear that the taking of this oath would have imported a condemning of all these particulars from this That the Parliament doth condemne all these mentioned particulars as the acts specified do clear because done without his Maj consent which ought say they to have been had by vertue of his prerogative royall and supremacy the perogative doth explaine his supremacy in things civill as shall be showne more fully hereafter But to come to the particulars first There was no ground for condemning that convention of Estates 1643. notwithstanding that the Kings consent was not had therto 1. Because in poynt of conscience the Estates of the land being essentially judges are bound when the publict affaires of the Kingdom do require to conveen consult thereanent when Religion lawes liberties are in hazard when the necessitie is such as will admit of no delay pure legall formalities of state must be dispensed with when they cannot be gotten followed as in this case it was clear The true protestant religion his Maj. honour the peace of the Kingdomes were in hazard by papists their adherents in armes in England Irland The King refuised to call a Parliament at that time though he was oftin requeested there unto In this case what could the states of the Land do who were bound by the lawes of God of nature of nations to see to the preservation of the Kingdom to their own interests to religion that should be dearâ—… to them then any thingâ—… else were bound by the law of God to judge governe the land but obey God disâ—…ense with state formalities according to the many examples of the Estates of Scotland before who did conveen in Parliament whether the King would or not as that Parliament which did imprison donald the 70. King the Parliament at Scone which summoned King Culenus before them that Parliament which
never yet heard of that a King was crowned in Scotland but by a lawfull Parliament whose deed was valide if this deed of that Parliament was not valid let wise men conjecture what the consequences will be It is true they except in their Act 9. All such Acts as were passed in any meeting of Parliament or committee of Estates authorized by his Maj. presence But his Maj. presence will not make every company of men a Parliament yea his being present with them at any of their Sessions sayeth he owned them as a lawfull Parliament 2. How ever all these Acts which concerne himself seing he was not present at their making are null 3. How cometâ—… it to passe that the Kings presence Anno 1641. did not availe to keep that session of Parliament from a stroke with the rest And furder it appeareth that they annull the Parliament 1650 1651. altogether because if that had been a Parliament it had been the first Parliament of King Charles 2 so the Parliament 1661. had been his second Parliament But the Parliament 1661. is called his first Parliament therefore there was never a lawfull Parliament before in his reigne thus by their principles he hath never been crowned in Scotland as yet What a Premunire they fall into here let lawyers judge Fourthly There was as little reason to condemne these meetings counsels conventions of the subjects at the begining of the late work Because those meetings were necessary for the defence of Religion against the bloody Prelates who were seeking the overthrow destruction of all 2. Nor is there any Act condemning such which can with any colour be allaiged except the Act of that Parliament 1584. wherein things were carryed on by a strong faction in great haste for they had five Sessions in three dayes with great secrecy for the Lords of the articles were sworne to secrecy the dooresâ—… were keeped closse all the time of Parliament See laborious Mr Petree his History pag. 442 and the Act of this Parliament did mainely strick against the assemblies of the Church for that was the thing designed 3. What ever can be made out of this Act against civill meetings it will not stricke against those meetings because the Parliament 1640 in their Act 29. hath showne the true meaning thereof to be otherwise saying It cannot be extended against any councells conventions assemblies committees or meetings made holden keeped by the subjects for mantenance and preservation of the kings Maj. Religion lawes and liberties of the kingdome or for the publick good either of Church or state this Act was approved by the large treaty againe by the next Session of Parl. An. 1641. where the King himself was present 4. The secret councell which then was did approve of these conventions or tables as they were called so did his Maj. commissioner thereafter So then these meetings might be warrantably keeped for God's glory the removeing of the just grievances of the subject being no wayes prohibited by the municipall lawes which onely disallow such conventions as are for disturbance of the peace or usurpation against authority neither of which can be allaiged here for no invasion violence offer of wrong by word or deed to any person no not even to these against whom they had justly complained followed thereupon And those meetings were onely to consult upon the most fit humble way of supplicating his Maj. for the most convenient propositions to be presented to his Maj. to the Parliament to the assembly all which are most compatible with the loyalty duty of good subjects do no wayes encroach upon authority seing they assumed not any judiciall determination in any matter of state civill or ecclesiasticall but by voluntary instructions and opinions every one to another in a common cause of religion did resolve what might be most conduceable to their lawfull and just ends To use the words of the protestation Decemb. 18. 1638. Fiftly Nor is there just warrand ground upon this account to annull the League Covenant Because 1. It was against no municipall law for as to that 12 Act of the Parl. 10 of King Iam. 6. Anno 1585. it is so explained by the 29 Act of Parl. 1640. as that it cannot be extended to any bands leagues made for the preservation of the Kings Maj. Religion lawes liberties of the Kingdome or for the publick good either of Church or state and this may be furder cleared by vieuing the 43 Act of Queen Mary which the forecited Act of King Iames 6. relateth unto ratifieth for that Act is to be understood of particular leagues or bonds of man-rent as they called it or maintenance respectivè that by privat persones in brugh land therefore cannot be understood of leagues or bonds made by the body of the land in their representatives in Parliament which hath so much power in making of leagues that without their consent the King cannot make a league as is clear by a league which King Robert 2. consented unto betwixt Scotland France England which was annulled because it wanted the Parliaments consent for sayeth Buch in the end of his 9 book neque enim ipse pacem vel inductas facere poterat nisi ex sententiâ publici conventus nec firmas polliceâ—… sine publico decreto He could neither make nor promise truce or peace without the Parliaments consent in the Parliament 10. King Iam. 6. Anno 1585. among the unprinted Acts there is one containing the assent of the Parliament for concludeing of a league with the Queen of England 2. The Parliaments of Scotland have made leagues with forraigne Princes without the Kings consent as that Parliament which deposed the Queen Mother from her regency did enter in a league with the Queen of England 3. All leagues bondes made by the Parliament were ratified by this King by his solemne oath both before at his coronation and therefore none in conscience could condemne these bonds or take an oath importing the same What is more allaidged against the league covenant shall be fully examined hereafter Sect. 2â—… Sextly Nor was there just cause upon this account to condemne Scotland for aideing assisting of England in their straite extreame danger Because 1. It is a most ordinary thing for one nation to send help relief unto another thus the french the Englishes helped the Hollanders The king of Britaine offered to helpe the Rotchell the Palatinat 2. It was against a common enemy a popish prelaticall malignant faction seeking the ruine of religion lawes liberties in Scotland as well as in Engl. By the light of nature a common fear uniteth even these who are furthest divided so while Scotland fought for England they fought for themselves their own saiftie what ever law will warrand nations now to joyn together against the Turk will
which the tenderers thereof do put upon it must be searched sought for out of their acts for though it could have been wished both reason religion would have required it that after the example of Abraham they had made the oath as plaine easie as might be so that the sense meaning of it had been obvious to all or had annexed such a glosse meaneing as the words in ordinary construction would bear tender Christians might saifly assent unto yet there was no such thing done yea not being desired to do it would they do it yea nor would they suffer any to enquire at them in what sense they would have the oath taken yea which is more they made an act dischargeing all to offer any sense of the oath under the paine of treason So that there is no way now left to finde out the meaning of the oath as to this part but by their acts actings which when considered together with some other things usefull in this bussinesse will help to cleare the true sense thereof Three things then must be spoken to 1. The rise progresse of this bussinesse which is imported by this part of the oath viz the Kings supremacy over persons ecclesiastick in ecclesiastick causes in England 2. The rise progresse of it in Scotland 3. Some acts deeds of the King Parliament who now tender it As to the first of these It is notour enough what King Henry the Eight did when upon some privat discontents he shook off the Pop's supremacy Anno 1530. for having caught the Clergy in a Premunire for countenanceing some way or other the Pop's legat he would not be satisfied with their payment of 100000. lib unlesse also they would acknowledge him for the supreme head of the Church on earth which after some debate in their Synod both in the upper lower house of convocation was condescended to in forme as followeth cujus c. of which Church viz the Church of England we recognosce his Maj. to be the singular protectour the only supreme Lord so far as Christ's lawes will permitt the supreme head This was subscribed unto by all put into their publicke acts or instruments presented to the King afterward Parl. 24. c. 12. upon this ground it was statuted ordained that all ecclesiasticall suites controversies should be determined within the Kingdom all appeals to Rome were prohibited and Parl. 25. c. 20. The manner of electing of Archbishops Bishops was altered that power given granted to the King and upon this same foundation Parl. 26. c. 1. it was declared that the King is supreme head of the Church of England that he should have all honours preheminences which were annexed unto that title after this there followed another act c. 3. for Tenths first fruits as appertaineing to that head-shipe supreme authority Hence also Anno 1532. The convocation submitting unto the King's Maj. promiseth in verbo sacerdotis That they would never from thence forth presume to attempt allaidge clame or put in ure enact promulge or execute any new canons constitutions ordinances provinciall or others or by whatsoever name they shall be called in the convocation unlesse the Kings most royall assent may to them be had to make promulge execute the same that his Maj. do give his most royall assent authority in that behalfe Which deed of theirs the Parliament did shortly thereafter ratifie in these termes That none of the said clergy from thence forth should presume to allaidge clame or put in ure any constitutions or ordinances provinciall or synodall or any other canons nor should enact promulge or execute any such canons constitutions or ordinances by whatsoever name or names they may be called in their convocations in time coming which alwayes shall be assembled by the Kings write unlesse the same clergy may have the kings most royall assent license to make promulge execute such canons constitutions ordinances provinicall synodall upon paine of evry one of the said clergy doing the contrary to this act thereof convicted to suffer imprisonment and make fine at the king's will 25. Parl. c. 19. So Parl. 35. c. 1. There was another oath devised ratified which was to be imposed upon the subject for the more clear asserting of the King's supremacy By these Particulars any may see that Peter Martyr had good ground to say as he doth on 1. Sam. 8. That King Henry took all that power to himself which the Pope challenged atque hoâ—… fortasse est quod Rex Angliae voluit se secundum Christum appellari caput ecclesiae putavit enim campâ—…testatem quam sibi Papa usur paverat suamesse in reguo suo ad se pertinere i. e he would there fore be called head of the Church next under Christ because he thought that all that power which the Pope did usurpe did belong to him within his own dominions and he had good ground to say that it was a proud title which gave much offence unto the godly Nor was it without reason that judicious Calvin did inveigh so much against that title in his commentary on Amos 7. saying qui juitio tantopere etc. i e. They who at the first did so much extoll Henry king of England were no doubt inconsider as men they gave unto him the supreme power over all and this did alwayes wound me They were blasphemous when they called him supreme head of the Church under Christ. So that Peter Heylyn must not be beleeved when he telleth the world in his discourse of the reformation of the Church of England pag. 13. That thâ—…se statuts which concerne the kings supremacy are not introductory of any new right that was not in the crown before but only declaratory of an old againe pag. 48. 49. That when the supremacy was recognized by the Clergy in their convocation to king Henry 8. It was only the restoreing of him to his propper and originall power invaded by the popes of these later ages for that title of supreme head not only seemed to have some what in it of an innovation as himself is forced to acknowledge in the following words but really had an innovation in it of no small consequence as shall appeare But this title of supreme head gave offence both at home abroad therefore Queen Elizabeth did change it into this of supreme governour over all persons as well in all causes ecclesiastick as civill in these tearms it was keeped is to this day But all this change did not much help the matter for many were offended even there at and what wonder seing it seemed to attribute to her Maj. no lesse spirituall jurisdiction power then what the former oath did importe Whereupon the Queen in the first year of her reigne after the Parliament had condescended on the forementioned oath published an
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
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
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
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
the times as to condemne their own former proceedings to intertaine strange unbeseeming thoughts of the wonderfull works of the righthand of the most High wrought among them so become ashamed of their cause durst not adventure to speake in their own justification Therefor being consident of the good acceptance which this undertaking shall meet with from compassionate Christianly affected churches people about persuaded that God whose interest Cause this is will in his own good time arise plead the same vindicate his work from all the aspersions calumnies of men by a reviving therof in the middest of the years a best irring of himself for the carying on of the same untill the copstone be put on therby give such ane unanswerable Apologie as shall be sufficient to stop the mouths of all adversaries to confirme his followers comfort the saddened hearts of his sufferers This present piece of worke was the more chearfully undertaken to the end beside what use the present suffering members of that church might make hereof for their own satisfaction incouragement strengthening in the Lord that such of the nighbour churches about whose ears have been filled with the slanderous reports to the vexing of their souls raised by the adversaries of that church caryed on by all the art of hell to the strengthening confirming of their ill cause may be undeceived rightly informed touching the truestate of affaires in that church And to this end it will be sufficient in the first place to give a short clear Historicall relation of the troubles which the former Prelats which were in that church did creat unto her both in their rising when they did come unto their hieght of the wonderfull maner of the Lords bringing them down casting them out of that land church with shame disgrace And then to give some vieu of the present state of that church by mentioning some particulars which are the grounds of the present sufferings of the people of God there clearing the equity justice of their cause who have choysed affliction rathen then sin when by this means it shall be seen from what an exellent desirable state that church is now fallen as in a moment into what a condition of wo lamentation she is now plunged all who are Christianly affected with the afflictions of Joseph may be moved to compassionat her case to sympathize with her if they can do no more be stirred up to minde that bleeding swooning almost expiring church of Scotland at the throne of grace SECTION I. Shewing how the church of Scotland was long governed without Prelats after what maner they did arise to their height there without the Churches consent IT is not unknown that according to the testimonie of Origen Tertullian the Scots did embrace the faith amongst the first probablie as Buchan sheweth they received it from some of Iohn's disciples who fled by reason of the persecution caused by that bloudy Domitian so that about the year 203. which was the 4 year of King Donald the first Christian Religion was publickly professed the King himself his Queen diverse of the Nobles being solemnely baptized after which he purposed to root out Heathenisme out of the Kingdome but was hindered by wars with the emperour Severus There after about the year 277 King Cratilinth intended a Reformation but was much hindered by the heathenish Priests called Druides from their sacrificing in groves under oaks as some suppose who by their subtyle insinuations power had much influence upon the people yet the Lord did seconde the intentions of this good King sent several worthy men both ministers privat Christians from the South parts of Britan where the Nynth Tenth Persecution under Aurelius Disclesian did rage these for their single retired life were called Culdees quasicultores Dei more probably then because of their living in Cels and this work continowed till about the year 360 then did meet with a great interruption by reason of civill wars wherby the land was wasted all thâ—… Scots banished untill about the year 420 when Fergus the second came into Scotland whose son Ewen sent for the exiled Culdees gave them great encouragement they did set themselves to their worke And this continowed untill about the year 452 when Palladius being sent into Britaine by Pope Celestin came into Scotland who by his subtile insinuationâ—… did gaine so much upon the simple people as that in a short time he moved them to consent unto a change of the governement of the church into Prelacy himself became the Arch prelate But befor this Palladius came Scotland never saw a Prelate if our ancient Historiographers be to be beleeved such as Balcus in his Historie of the Britons c. cent 14. cap 6. saying Ante palladium Scoti c. befor Palladius came the Scots had their Bishops ministers by the ministry of the word of God chosen by the suffrage of the people after the custome of those of Asia but those things did not please the Romanes Beda in his History of England Lib. 1. who sayeth Palladiuâ—… ad Scotos c. i. e. Palladius was sent unto the Scots who beleeved in Christ by Celestin the Pope of Rome as their first Bishop Prosper in his Chron ad An. 436 saying Ad Scotos c. i e. unto the Scots then beleeving in Christ Palladius is ordained by Pope Celestin sent thither the first Bishop Iohn Fordon in his Scottish Chronic. lib. 3. c. 8. saying Ante Palladis adventum c. i. e befor the coming of Palladius the Scots had for teachers of the faith ministers of the Sacraments presbiters onely or Monks following the customes of the primitive church Iohannes Major speaking of the same Palladius who sayeth per sacerdotes monaches c. i. e. the Scots were instructed in the Christian faith by Priests Monks without any Bishop and Buchanan who sayeth nam ad id usque tempus c. i. e. to that very time speaking of Palladius coming into Scotland changing the governement the churches were ruled by monks without Bishops It is true Spotiswood in his late History would make the world beleeve that in the dayes of the Culdees there was no governement in the Church of Scotland but Prelaticall because Boetius sayeth that those priests or Culdees were wont for their better governement to elect some out of their number by common suffrage to be chief principall among them without whose knowledge consent nothing was done in any mater of importance that the person so elected was called Scotorum Episcopus farther as if his bare dissenting from Buchan would be enongh to blast the reputation weaken the credite of that Renowned Historian he sayeth p. 7. of his History what warrant he i. e. Buchan
what he many other brethren had to object against their office Mr Iames Laâ—…son did seconde this moved the debate touching the lawfulness of the office it self Mr Andro Melvin affirmed that none ought to be officebearers in the Church whose titles were not found in the Book of God and for the title of Bishop albeit the same was found in scripture yet was it not to be taken in the sense that the common sort did conceive there being no superiority allowed by Christ amongst Ministers he being the onely Lord of his Church and all the same servants in the same degree having the like power These beginnings the Lord was pleased so to seconde with his blessing that when it was moved by the Regent whether they would Stand unto the Policie aggreed upon at Leith or setle some other forme of governement It was resolved that a constant forme of Church policy should be sett down for this â—…ffect they nominate twenty of their number to meet at severall times places for the drawing the Modell thereof And accordingly after some pains the second Book of Discipline is finished Anno 1577. at the Generall Assembly Sess. 13. approven in all points except that touching Deacons which was referred to farther debate but Anno 1578. that head with the rest was approven by the unanimous consent of all though Spotiswood will not let the world know so much When this Second Book of discipline is thus appoven by the Nationall Assembly after prayer fasting they appoint some of their number to exhibite it to his Maj. to the end he might add his approbation thereunto Unto whom the King being then about 13. years of age did promise that he would be a proctor unto the Church caused some of his Counsellours conferr with those Ministers upon that business the heads of which conference were once insert in the Registers of the Assembly but Anno 1584. when the Court had power of the Registers those leaves were taken a way seen no more as shall be cleared hereafter and again Anno 1579. the King wrote unto the Nationall Assembly desiring a farther consultation upon the heads on which his Commissioners and their delegats did not accord the last year to the end that when all the particulars are fully aggreed upon they might be approven in the ensueing Parliament in the mean time the Assemblies are going on prohibiting any moe bishops to be chosen ordaining such as were chosen to submit themselves to the determination of the Generall Assembly under the paine of Excommunication accordingly some then all of them afterward did submit So Anno 1580. they ordained that all who were called bishops should dimit simpliciter because that office had no warrand in the word they ordained Provinciall Synods to call before them such bishops as lived in their bounds ordaine them to give obedience to this act His Majesties Commissioners who were present at this Assembly of Dundy did concurr with this Assembly in appointing some of their number to consult about the Modell of the Presbiteries In this same yeer in the moneth of March for as yet the new year did not begin untill the 25. of march is the Nationall Covenant solemnely taken by the King his Councill Court afterwards by the inhabitants of the Kingdome in which covenant prelacy under the name of Romish Hierarchy was abjured as shall be cleared in due time the Doctrine Discipline of the Church was sworne to be defended Anno 1581. in Aprile at Glasgow the Generall Assembly did insert the book of Discipline in their Registers did show how the act touching Bishops made at Dundee Anno 1580. did condemne the estate of Bishops as they were then in Scotland Unto this Assembly his Maj Commissioner William 〈◊〉 of Caprintoun presented the Confession of faith subscribed by the King his houshold as also a plot of the presbiteries to be erected mentioning their meeting places appoynting the severall parishes which should belong to such such presbiteries with a letter to the Noblemen Gentlemen of the countrey for their concurrence for the erection of presbiteries dissolution of Prelacies in his Maj name he promised that his Maj would set forward the policy until it were established by Parliament thus presbyteries began to be erected throughout the Kingdom This was a sweet sun-shine but it was followed with a very sad showre for when Amate Stuart of Aubignee afterward Duke of Lennox obtaineth by the death of the Earle of Mortoun who was executed the banishment of the Earle of Angus the superiority of Glasgow other things to secure the same to him his posterity he aggreeth with Mr. Robert Montgomery Minister at Sterlin to accept of the bishoprick to dispone to him all which belonged to that bishoprick for the yearly payment of one thousand pound Scots some horse-corne poultry which when the Church heareth he is summoned before the Assembly at St. Andrews commanded to leave the bishoprick under the paine of Excommunication the Presbitery of Sterlin is appointed to take notice of his cariage in doctrine discipline for they had found him guilty in 14 or 15 points but he went on notwithstanding the presbitery had suspended him from the exercise of the Ministry he procured an order unto the presbytery of Glasgow to receive him as their Bishop under the paine of banishment with a company of armed souldiers entred the Church pulled Mr. David Weems out of the pulpit being summoned to compear befor the Synod of Lothian the King causeth summond all the Synod to compear before him at Sterlin the 12 of Aprile Mr. Pont some others compeared in name of the rest protested that albeit they had compeared to testify their obedience to his Mat. yet they did not acknowledge him or his council judges in that mater which was an Ecclesiastick cause that nothing done at that time should prejudge the liberties of the Church But the Council rejected the protestation discharged them to proceed any further And shortely thereafter when the Generall Assembly is examining his processe the King sendeth a letter to them discharging them to proceed any further when they went on notwithstanding they are charged by a Messenger of armes to desist under the paine of Rebellion but they thinking it better to obey God then man ordained Mr. Montgomerie to compeer befor them the next day who compeered not onely a Proctor in his name appealed unto the King The Assembly did reject the appellation proceed to examine the libell given in against him finding him guilty of many hainous crimes they ordaine him to be deposed excommunicated but ere the sentence be pronounced they appoint some of their number to aquaint his Maj. with their whole procedure And ere long Mr. Montgomery submitteth passeth from his appellation acknowledgeth his faults
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
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
nor dissolved formerly without their own consent lest this might be a preparative for times to come they resolved to emitt a Declaration for their exoneration caused insert it in the Registers ad futuram rei memoriam And withall they send some of their number unto his Maj. with grievances appoint others to attend his Maj. answer at Edenburgh then they dissolve having first published an Infirmation to the Estates of England concerning the present state of affairs But these Commissioners after they had endevoured to give his Maj. satisfaction in all points according to their Instructions at severall times from the 20 of Febr. unto the 23 of March 1640. were detained afterward the Lord Loudoun is put into the Toure of London other three are put under a restrant contrary to the Law of Nations A new warr is intended The Castle of Edenburgh is fortified with a hundreth strangers moe much Ammunition The Commissioners of the Parliament seeing this hearing of an army leavyed in England under the conduct of the Earle of Northumberland how the Deputy of Irland with the Nobles there in Parliament had offered a great summe of money what stir the prelats of England were making at Court what offers they were making to carry on this new warr which they so far owned as to call it Ballum Episcopale they resolve to put the land into a new posture of defence and emit a Declaration for satisfaction of their friends in England which was so satisfactory as that many of the lower House of Parliament then sitting declared that they saw no cause of a warr against Scotland therefore would grant no subsidy But this parliament is dissolved Scottish ships are intercepted their goods taken away the Seamen imprisoned miserably handled all Sea-ports closed up with Frigots the Kings army advanceth both by sea land the Castle of Edenburgh oppresseth the town killeth many with shote Now at the time appointed Jun. 11. the parliament conveeneth leavieth an army for a new Expedition in defence of the land cleareth the equity of the same in a Declaration shewing 1 how they were necessitated thereunto being not able to live without traffique justice to mantaine an army on the borders 2. That the warr was onely Defensive the King being stirred up by their adversaries to breake the Articles of Pacification to imprison their Commissioners to call Parliaments in England Irland for subsidies for the warr to take their ships imprison their sea-men to give Commission to the Governour of the Castle of Edenburgh to kill all he could when they resolved onely to defend themselves to seek a firme sure peace then to lay down armes after security had for their Religion liberties 3. That they were called by the same divine Providence by which they had been directed hitherto 4. That they looked upon none as their enemies but a Canterburian Faction made up of Atheists Papists Arminians Prelats the seducers of the King 5. That their end was not to wrong his Maj. nor to enrich themselves but Gods glory the firm peace of both nations the true honour of the King that the enemies of both Kingdomes might be punished So do they emit another paper for the satisfaction of the good people of England clearing their true Intentions And so do advance with their Army in to England take New Castle before they would advance toward York where the maine body of the Kings Army did lye they supplicat his maj at length to consider their greevances particularly to ratifie the last Parliament that the Scott in England and Irland might be set at liberty and not forced to take unlawfull oaths that the Incendiaries might be punished according to justice the Scottish ships restored and every thing removed which hindereth free commerce and tradeing between the two Nations Many of the English Nobility the City of London petition for a Parliament they and others advise his Maj. to desist from the warr At length the King is moved to thoughts of peace chooseth eight English Earles eight Lords to meet with such as Scotland should make choise of to conclude all matters of difference This Conference did begin at Rippon was concluded at Westminster the substance of which shall be mentioned presently when it shall be shown how these Acts were all ratified approved by the King himself his Parliament of Scotland Anno 1641. When the Parliament in Jun. Anno 1640 had conveened at the time appointed at the last Session all the Acts of the former Assembly 1639. are ratifyed by their 4. Act. They also ratify the Covenant the Act of Councell beformentioned thereanent do insert the said Covenant with the assemblies explication in their Registers And rescinde all Acts Statutes made in favours of the prelats as Act. 23. Anno 1597. anent their voice in Parliament Act 2. Anno 1606. anent their restitution the act 8. Anno 1607. anent the Chapter of St Andrews act 6. 1609. anent their Commissariates the 1 Act 1612. ratifying the acts of the pretended assembly at Glasgow 1610. the 1. 2. Acts Anno 1617. anent the Election of Bishops restitution of Chapters the 1. act 1621. ratifying the Articles of the pretended assembly at Perth 1618. all others whatsoever made in their favours prejudiciall to the spirituall nature jurisdiction Discipline privileges of the Kirk or of the Generall provinciall presbyteriall assemblies or kirk Sessions after the enacting of many other profitable lawes they adjourne the Parliament unto the 19. of Novemb. next then unto the 14. of January 1641. then unto the 13. of April following then unto the 25. of May then unto the 15. of July at which time the King himself was present And in this Session of Parliament the Articles of the Treaty are ratifyed enacted ordained to have in all time comeing the fullforce strength of a true persect security Act of Parliament the King for himself his successours promised in verbo principis never to come in the contrary of that Statute Sanction or any thing there in contained By this Treaty these Articles were concluded 1. That for as much as the Kings Maj. did call conveen a Parliament to beholden at Edenburgh the 2. of Inn. 1640. wherin certaine acts were made aggreed upon which acts hiâ—… Maj. for the peace good of his kingdome is pleased to publish in his own name with consent of the Estates therefore commands that the said acts bearing date the 11. of Iuny 1640 be published with the acts to be made in the next Session of the same Parliament that all the said acts have in all time coming the strength of lawes 2. That the Castle of Edenburgh other strengths of the kingdome should according to their first foundation with
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
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
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
was petended the true cause was that which made him so famous even his zeal activity for the work of God in his generation for what ever else they had to lay to his charge if he had either opposed the work of God or done as litle for it as many other of the Nobles his life would not have been taken now more then the life of others it is true other things were sought to colour this bussinesse and failing one another failing that a third but in end ther is a comprehensive generall set downe as the ground of the sentence to this purpose That he had been an enemy to the king his interest these 23 yeers or more by past which in effect is as much as to say he had been an active friend for the interest of Christ. But because generalls cannot well be proved they condescended on severall particular actings of his in carrying on in his place station the work of reformation when all these failed they fix upon his complyance with the Englishes after they had subdued the land in battell and forced the king out of his dominions had garrisoned the whole land used it almost as a conquest by sitting in their parliament when chosen by some shire and when the rest of the shires of the land had sent their commissioners thither This his complyance with them at that time by sitting in their judicatories and there concurring with his advice counsel for the good of the land that was now under their feet is the only particular ground upon which his sentence is founded and the particular speciall cause pretended for which he was condemned to lose his head as a traitour to have his head put up on tâ—…e top of the tolbooth as an eminent traitour A sentence which question lesse at first veiu may make all men of understanding astonished to wonder how ever it could have entered into the minde of the parliament of Scotland to sentence unto death such a peer of the land such an usefull member of the Kingdome an ornament upon such a ground and for such a cause But if these foure particulars be considered the matter will yet appear more wonderfull 1. The matter of complyance with the Englishes at that time was so farr from being accounted treasonable that severall of the lawyers among whom was one Sr Iohn Fletcher who was now advanced to be his Maj. advocat did accuse this worthy Nobleman of treason did swear subscribe an oath to be faithfull unto the governement as it was then established without King house of Lords Now if there had been treason really in this deed either by the civill law or by the municipall lawes of the land would not the lawyers have perceived it whose dayly work study the lawes are 2. If this had been the deed of this nobleman alone the mater had been lesse to have been wondered at but it being such a deed whereof few of the nobles of Scotland were altogether free yea whereof many of the members of Parliament his judges were guilty the matter is beyond a parallel It is hard to make secios criminis sit as judges condemne the accused reason would require that the table should be purged Is it not strange for a Parliament to condemne one for such a fault for which many of their own members might with as much justice equity be condemned and is it not strange how they being by their own confession traitours in the heighest degree could fitt judge others It is true it will be replyed That his Maj. might pardon whom he pleased But then it will aboundantly appear that not this But something else was the cause of this worthy nobleman's death Whatever may be said in poynt of law yet it will be a disput in poynt of conscience If kings may pardon such crimes as do deserve death by the law of God or if such crimes which kings may pardon of their own accord according to their own good pleasure do before the Lord deserve death 3. If the Parliament had thought this particular worthy to bear so much stresse why would they have spent so much of their time in searching for other grounds to goe upon 〈◊〉 why did they not make use of this at the first but it is like this had never once been mentioned if they had been able to fasten treason upon any other of his actions this makes it so much the more to be wondered at that they would condemne such a noble man for such a particular which they would never once havâ—… named if they could have done their intended work otherwayes 4. Is it not strange that of all the complyers of Scotland there was not one except this nobleman impannelled upon this account let be put to death yea is it not strange that those noble Men were never once questioned who being desired by Generall Monck when he was entering England with his army to rancounter Lambert did abjure king Charles his interest this Nobleman must die Yea is it not yet more strange that one William Purves who by complying had occasioned almost ruine to many noblemen brughs and gentlemâ—…n should have been absolved by act of Parliament as might be cleared if there were a table of the unprinted acts set down after their acts as is done alwayes in other Parliaments and yet this nobleman must be sentenced to death for complying for the good of the countrey But to speak unto the bussinesse in poynr of law let these foure or five Particular quaere's be considered and then any shall be able to perceive the iniquity of this sentence 1. By what act of Parliament is such a deed as this condemned as treasonable By what municipall law can any member of the Kingdome be challenged upon the account of treason for treating with a conquerour for life liberty for sitting in his councells for the good of the countrey after that he with the rest of the body of the land had foughten in the defence of King countrey till no more could be done after the whole land had been overcome at severall battels and wholly overrun had acted nothing for the advantage of the enemy disadvantage of the king countrey before the victory obtained but in all poynts had carryed as became a loyall subject contributing all the help by armes counsell which was required what act of parliament declareth such a deed as this treasonable such a subject to deserve death as a traitour 2. Was there ever such a Practique in Scotland since ever there was a king in it Severall times was the kingdome of Scotland overrun by the kingdome of England particularly in the dayes of Baliol at that time King Edward caused the Nobles of Scotland swear all aidgeance unto him But when Bruce came to be King was there any of the Nobles questioned for treason upon that account
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
year 1662. or in time comeing as having no right thereto and that they do not acknowledge them for their lawfull pastours in repaireing to their sermones under the paine of being punished as frequenters of private conventicles meetings commanding chargeing the saids Ministers to remove themselves their families out of their parishes betuixt the first day of Novemb. thereafter not to reside within the bounds of their respective presbyteries This was very sad threatening no lesse then ruine to Ministers and their poor families to be put from their houses in the middest of winter to seek new places of abode not having the small stipend which was due to them allowed for to transport their families with all or to provide themselves in necessaries But yet they resolved to cast themselves on Gods providence trusting in his word accounting it better to suffer affliction with the people of God to enjoy peace of conscience then to enjoy the pleasures of sin for a season and accordingly did remove themselves By which meanes there were some hundereds of parishes left destitute the shepherds were scattered up down the land seeking a sheltering place for themselves It was a sad lamentable sight to see the sad farewell betwixt the loving pastor his beloved floke the teares the cryes and the bitter groanes that were there Now were the breasts pulled from the mouthes of the young infants the table was drawne the people were made to wander up downe the mountaines seeking the word of the Lord could not finde it they had silent Sabbaths empty pulpites some countrey sides were hereby laid utterly desolate And what could these faithfull Ministers do in this case but sigh groan to God seeing they could not in conscience yeeld obedience unto these commands therefore they resolved to be subject for conscience sake and to submit unto the punishment of banishment out of the bounds of the presbytery where they lived which was afterward made more sad for they were commanded to remove Twenty miles from their own parish Church Six miles from a a cathedrall three or foure miles from a brugh Now judge o reader whether this cruelty would not have more beseemed Turks how little cause there was for all this severity rigour to Ministers who had been endeavouring with some measure of faithfulnesse On their part fruitfulnesse through the Lor'ds blessing on their labours to enlarge the Kingdome of Iesus Christ to build up poor souls in their most holy faith because they would not give obedience unto such Acts as were but snares for the conscience to which obedience could not be yeelded without sin SECTION X. The oath of Alleagiance explained as to its civil part some reasons Against the taking thereof even upon that account adduced The act rescissory his Maj. prerogative canvassed AFter that there were some other Ministers whom the forementioned Acts did not reach removed out of some of the chief cities Brevi manu without any processe There are some wayes devised how moe of these might be removed with some colour or pretext therefore some Six or Seven were called before the Parliament at their second session and because they refused to take the oath which was tendered they were sentenced with banishment by act of Parliament ordained to remove off the Kingdome so soon as his Maj. commissioner should signify his minde the reanent But this sentence was not put in execution possibly because they saw an inconsistencie betuixt this deed an Act which they had made the former year in their first session By which all such as refuised to take that oath were to be uncapable of any publicke trust to be looked upon as persones disaffected to his Maj authority government this was all But in Decemb. 1662. The privy councell called some other Ministers before them tendered the oath unto them because of their refuiseing of the same they banished them out of all his Maj. dominions then gave them a bond to subscribe wherein they did binde themselves to remove out of all his Maj. dominions within a moneth not to returne under the paine of death otherwayes they would commit them to close imprisonment there keep them untill they had occasion to send them elswhere Whereupon these Ministers saw a necessity of subscribeing that bond of banishment Though it was very hard to binde themselves to remove within so short a time that in the midst of winter But strange it is that when the King himself by his oath at his coronation is bound to rule the land by the lawes and constitutions received therein This his councell which by the fundamentall lawes of the land as appeareth by the 12 Act of the 2 parliam of King Iames 4. whereby they are first established is to give his highness a true and essauld counsell in all matters concerning his Maj. and his realnie and to be responsall and accusable to the King and his estates of their counsell so is a judicatory subordinat unto the Parliament accountable to censur able by them would banish such as the lawes of the land did not account worthy of banishment whether they would do right if they should punish with death such a fault as by the Established lawes of the land deserved only to be punished by a fine or a summe of money let lawyers judge whether this be not an arbitrary illegall power which they have assumed any that considereth what is said the act 27. of the 2. Parliam of Char. 1. may judge possibly it was for this cause that they resuised to give an extract of their sentence although it was humbly craved But to clear what good grounds there were yet are for refuiseing to take that oath Let first the oath it self be considered compared with the former oath of alleagiance The oath now tendered is thus worded in the acts of this Parliament severall times I for testification of my faithfull obedience to my most gracious redoubted soveraigne Charles King of Great-Britaine france Irland c. affirme testify declare by this my solemne oath That I acknowledge my said soveraigne only supreme governour of this Kingdom over all persones in all causes that no forraigne prince power or state or person civill or â—…elesiasticke hath any jurisdiction power or superiority over the same and therefore do utterly reâ—…nce all forâ—…aigne power jurisdictions authorities shall at my out most power defend assist maintaine his Maj. jurisdiction foâ—…elaid against all deadly shall never decline his Maj. power jurisdiction as I shall answer to God This is the oath which they call the oath of alleagiance but is indeed very far different therefrom as will easily appear to any who will compare the same with that oath of alleagiance which King Iames treateth of in his dialogue
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
deprived the Queen mother of her regency But to avoid tediousnesse let Buchanans Chronicle be perused many such like Parliaments shall be seen 2. Who was it who summoned all those Parliaments which conveened for the election of new Kings of viceroyes as that which did choose Notatus the brother not Ruther the son of Dornadilla the 4. King that which did choise Even brother to Durstus not Durstus his sonne that which made Dardan King not Corbred's son being under age that which make Teâ—…rasell brother to Conarus King and not Eâ—…hodius son to Canorus and many moeâ—… Yea Buchanan no stanger to the constitution of the scottish Kingdome sheweth in his book de jure regni apud Scotos that the Parliaments of Scotland were summoned not only without the consent of their Kings but against the same What ground was there then for condemning of this convention at this nick of time when matters were in such hazard Especially 4. Seing the very next Parliament which conveened Anno 1644. by vertue of the last act of the Parliament Anno 1641. at which the King himself was present did ratisie approve that convention upon these grounds as their 5. act beareth Considering that the Lords of his Maj. privy councell and Commissioners for conserving the articles of the treaty having according to their interests and trusts committed to them by his Maj. and Estates of Parliament used all meanes by supplications remonstrances and sending of commissioners for secureing the peace of this Kingdome and removing the unhappy diseractions betwixt his Maj. and his subjects in England in such away as might serve most for his Maj. honour and good of both kingdomes and their humble and dutifull endeavours for so good ends having proven so ineffectuall their offer of mediation and intercession being refuised by his Maj. And thereby finding the weight and difficulty of affaires and the charge lying on them to be greater then they could bear did therefore in the Moneth of May 1643. meet to gether with the commissioners for common burdens that by ioynt advice Some resolution might be taken there in and in respecâ—… of the danger imminent to the true protestant religion his Maj honour and peace of these kingdomes by the multitude of Papists and their adherents in armes in England and Irland and of many other important and publike affaires which could not admit delay and did require the advice of the representative body of the kingdome appoynted and indicted a meeting his Maj. having formerly refuised their humble desires for a Parliament Secondly there was no ground for anâ—…ulling those Parliaments mentioned in the act rescissory and act 9. 1. Because in both those acts there is no mention made of any informality which might justly either in law or conscience render these Parliaments null Only there is mention made of their acts deeds but these cannot in any manner of way annull their constitution for a Parliament may be a Parliament legally conveened though it should astablish iniquitie by a law if the ground which they have laid down in these two acts 15 9. forannulling of these Parliaments hold good indifferent men will soon see that they have anulled their own constitution declared themselves no Parliament for if their acts were compared with the acts of these Parliaments which they have annulled examined either by the rule of God's word which all Christian commonwealths Parliaments should stir their course by or by the fundamental lawes of the land they would be found more worthy to be condemned Sure succeeding ages need take no more but the ground which themselves have laid downe here whereupon to declare this Parliament null But 2. These Parliaments were all legally conveened called for the King called the Parliament 1639 sent the Earle of Traquare as his commissioner thither which was adjourned to Anno 1640. then after some time it was adjourned to Anno 1641. at this Session of Parliament the King himself was present so owned them as a lawfull Parliament being called by his command continued hither till ratifyed all their Acts among which this was one viz Act. 17. Anno 1640. That every third year once at least there should be a full free Parliament that the time place should be appoynted by his Maj. or his commissioner for the time the Estates of Parliament before the end and elâ—…sing of every Parliament According to which Act King Parliament did appoint the next Parliament to meet Iun 1644. this Parliament is continued till Ian. 1645. thence till March thence till Iuly 1645. from thence it is adjourned to November 1646. then till March 1647. at the close of this last Session of Parliament conforme to the forsaid Act 1640. They appoynted the next meeting of Parliament to be Anno 1648. This Parliament adjourned to March 1650. but with all they give power to their committy or the quorum thereof to call the Parl. sooner if they saw necessity accordingly it is convocated An. 1649. at the time appointed it meeteth An 1650. so adjourned to times convenient So that there is no informality here at all discernable If it be said that neither the King nor his commissioner was present at those Parl. so this informality annulled all Ans. 1. The want of this formality cannot be the cause of annulling these Parl. or Sessions of Parl. because they annull the very Session of Parliament 164â—… at which King Charles himself was present 2. There is no law making the presence of the King or his Commissioner essential to every Parliament far lesse to every Session of a Parliament 3. There have been many Parliaments holden in Scotland without either king or Commissioner as in the dayes of King Iames 2. Anno 1437 1438 1440. where there is no mention made of the King in the Acts as there is at the next Parliament 1443. but only of the three Estates of Parliament concluding and ordaining So Anno 1560. there is a Parliament holden at Edenburgh by the three Estates without either King or Queen an Act thereof ratified first Parliament King Iames 6. Act 2. So Anno 1567. the Parliament is keeped by the Regent the three Estates without the Queen who then did Reigne as the Acts of Parliament 1581. King Iames 6. shew for there these words are to be found in the first Act thereof And especially the Act made in the Reigne of the Queen his dearest mother in the Parliament holden at Edinburgh the 19 of April Anno 1567. 〈◊〉 Wherby it is aboundantly clear that she was then governing when this Parl. did sit yet the Parliament was keeped without her as the Acts shew So in the dayes of Queen Mary the Acts of Parl. run in the name of the Lord Governour three Estates of Parl. this Governour was not representing the Queen as her Commissioner
because when she was present as Act 1. Parl. 2. of Queen Mary both she the Governour are mentioned thus The which day the Queen's grace with advice of the Lord Governour three Estates of Par. moreover it is not usuall to have any Acts running in the name of a Commissioner For where a Commissioner is present the King is supposed to be present therefore to this day all the Acts of Parl. made were a commissioner is present except such as are wholly concerning the King himself Run in the name of our soveraigne Lord with advice consent of his Estates of Parl. but where neither King nor Commissioner is present then the Acts run thus The Estates of Parl. enact c. So that this Stilus curiae being punctually observed to this day consirmeth the observation concerning the fore mentioned parl viz. That they were holden without King or Queen when neither King nor Queen is mentioned in the Acts. 3. Is it not strange how they could annull the parl 1648. among the rest seing the Acts of that parl were more homogenious with their own Acts then the Acts of the rest For the Acts of designe carryed on by that parl were no such injurious violation of his Maj. power authority nor were they Acts of rebellion as they suppose the Acts of the other parl to have been So that the ground upon which they rescinde the rest of these Parl. will not warrand them to rescinde this so it is not upon the ground of their Acts that they rescinde these parl Because then they would not have rescinded this parl 1648. What grounds then they will seek out next who can tell For all the grounds which they have hitherto to given whether from their Acts deeds oâ—… from informalities through the want of the presence of the King or his Commissioner are declared null of no effect by themselves 4. It is yet more strange how they could annul the Parl. 16â—…8 When all the members of that parl some of whom no doubt were members of this did Iun. 10. declare and testify their resolution and obligation to acknowledge that Parliamentre have been a free and lawfull Parliament likeas they did oblige themselves upon their honours and credit and as they desired to be to be holden true lovers of their countrey and of the religion lawes libertâ—…es thereof efauldly faithfully to the uttermost of their power to joyn and concurre with their persones and estates every one according to their severall stations and callings in the maintenance of the freedome and lawfulnesse of that Parliament and they ordained that that Act should be subscribed by all the members of Parliament present and absent and by all noblemen Barons and all other subjects inhabitants of the Kingdome in their thires and brughs 5. It is yet more strange that this Parliament had so far forgot it self as to reckon up the Parliament 1648. among the rest in the Act rescissory when in their 9. Act they had acknowledged it to have been a Parliament for there when they are approveing the Engadgment the all onely bussinesse which that Parliament 1648. was carrying on they stile them the estates of Parliament of this kingdome which is a title agrying to none but to lawfull Parliaments Thus it is clear that there is no ground warranding a consent unto these Acts rescissory but good ground to scruple at that oath the taking whereof would have imported a consenting unto the annuling of these Parliaments considering 6. How King Charles the first in the large treaty in his answer to the first demand sayeth that at the humble desire of his subjects he did call conveen a Parliament to beholden at Edinburgh Iun. 2. 1640. so that this Parliament was lawfully convocated acknowledged to have been so by King Charles the first himself Thirdly nor is there ground for assenting consenting unto the anulling of those Acts done and concluded in these Parliaments for 1. They are Acts made by Parliaments lawfully conveened 2. They are Acts not repugnant to the word of God but Acts made for the carrying on advanceing of the work of reformation except those made by the Parliament 1648 which every one according to his place power is sworne to maintaine promove this the very vieuing of them will evince how ever that whole work be now branded as rebellion sedition So that none could swear that oath as now tendered by Acts explained but withall he must condemne the whole work of reformation all Acts made for establishing of the same in doctrine worshipe discipline governement 3. did not King Charles 1 in the large treaty give this answere unto the first demand That for as much as the King's Maj. at the humble desire of his subjects did call and conveen a Parliament to be holden at Edenbrugh Iun. 2. 1640. wherein certaine Acts were made which Acts his Maj. for the peace and good of this kingdome is pleased to publish in his own name with consent of the Estates and therefore commands that the said Acts bearing date â—…un 27. 1640. be published with the Acts to be made in the next session of the same Parliament and that all the saids Acts as well of the precedent as of the next Session to be holden have in all time coming the strength of lawes and to be universally received and obeyed by all the subjects of the kingdome of Scotland His Maj. doth in the word of a king promise the publishing of the saids acts in such sort as is above specified And more over at that next Session of Parliament Anno 1641. when himself was present all those Acts were approved ratifyed fully did not King Charles 2 before at his coronation ratify approve the Covenant all Acts made in order to the carrying on of the ends of the Covenant So that now they are full compleat lawes wanting nothing even of formality which can be desired seing he hath ratified approved them all 5. Are there not many of these Acts made by those Parliaments very much for the glory of God the good of the countrey did not themselves see this when for shames cause they were forced to make some Acts of the same nature for curbing of vice since they would not be said to renew them so that it were hard to put Christians to condemne those Acts laudable lawes 6. Is it not strange how they could condemne make null void all the Acts done by the committees Parliaments after 1648. seing by this meanes they shall condemne all the applications which were made unto his Maj. while he was in Holland also they shall condemne the Kingdomes receiving of him yea their crowning of him both as null as done by a Non-Parliament And thus they will have the King no crowned King of Scotland how deep this may draw let lawyers judge It was
warrand Scotland their joyning with England against the common enemy Yea nature hath taught heathens to prevent their own ruine destruction by joyneing their forces with other nieghbours against one who designed nothing but the promoteing of his Empire Thus the Romans warred against Philip left Greece being subdued he should make warre against them Thus the Lacedamoniam warred against the Olyâ—…hii diverse other instances might be given 3. Scotland England used to joyne together before to enter in a league with other princes for the defence of the protestant religion as Anno 1586. againe 1587. 1588. they draw up a league among themselves But it will be replyed that this was with the consent of the supreme Magistrat Ans. True but the want of this consent will not make such aideing and supplying unlawfull so long as the law of nature is to the fore obligeing every man to defend his neighbour and are not Scotland England near nieghbours being in one Island under one King Neither did they waite for the consent of Scotlands supreme Magistrat when they helped them first against the French next against a faction of papists within their own bosome and therefore Scotland should not now waite for the consent of England's King when they were to help them against a popish and prelaticall faction Nor needed Scotland waite for the consent of their own supreme Magistrat because as the law of nature doth oblige every one to defend himself by force of armes against an army of bloody enemies though the King should not consent as shall be showne hereafter so the law of nature will warrand any to defend their brother though the King should not consent especially seing therby they are but defending themselves against such an enemy as would next fall on them 4. The law of God will warrand this communion of saints Prov. 24 11 12. the commendable practice of those who helped David 1. Chron 12 18. 1. Sam. 22 2. Seventhly nor was there ground for condemning the lands renewing of the nationall Covenant Anno 1638. 1639. Because 1. There is no absolute necessitie for asking obtaineing the Kings consent to the same as if a Kingdom once sworne obliged in covenant with God might not renew the same obligation as oft as they thought fit There is no such necessity of having his Maj. expresse consent approbation either to the first making or to the renewing of the same with God as shall be more fully showne hereafter There is no law of God for this 2. Nor is there any municipall law inhibiteing the renewing of that covenant Yea that warrand by which all the land took it at the first viz the King 's his councell's command to Ministers to put their parishoners to take it severall acts of Generall Assemblies stand still in force accordingly in each universitie the Covenant was renewed yearly 3. Moreover the Generall Assembly Anno 1639. enjoyned by ecclesiastical authority the subscription of the same the Assembly presented a supplication unto the privie Councell desireing their ordinance for the subscription of the same by all the subjects of the Kingdome this was granted Agust 30. Anno 1640. the parliament by their act 5. did ratifie the act of the Generall Assembly their supplication the act of Councill thereupon which act of Parliament was approved by the King in the large treaty thereafter by his personall presence at the next session of Parliament where all was ratified So that this deed of renewing the Nationall Covenant wanted nothing either in poynt of law or conscience to make it lawfull therefore it had been unlawfull to have taken such an oath as would have imported the condemning of that deed Eightly nor was there ground for condemning the Church Assemblies at which the King's commissioner was not present or which wanted his speciall approbation 1. Because there is no warrand in the word of God clearing this necessity but much to the contrary 2 No munipiall law of the land is against such meetings because the act 1584. Was taken away rescinded anno 1592. since that time there is no lawanulling all Assemblies which want his Maj. approbation consent 3. It was never either the profession or the practice of that Church as is clear by what is said Sect. 1. It will be a fitter place to speak to this when the ecclesiasticke part of the oath is spoken to which shall be done Sect. 12. SECTION XI The former purpose further prosecuted the lawfulness of Scotlands defensive warre demonstrated THere are other two Particulars or rather one for they are much to one purpose which virtually would have been condemned by the taking of this oath thus explained as to its civill part viz Scotland their riseing in armes in their owne defence against the King's armies of papists malignants their seizing on the castles which within their owne bosome were threatening their ruine when garisoned with adversaries These must now be spoken to and so Ninthly There is no ground to condemne that defensive warre Though much hath been said by court parasites others who were ambitious of gaine preferment to exaggerat aggraige that supposed crime thereby to make them their cause odious to all the World yet rationall indifferent persones will after serious pondering of a few particulars forbear to passe any rash sentence Much hath been already said in the defence of that bussinesse by the author of Lex Rex more then ever could or will be answered And therefore that book behoved to be answered by a fiery fagot by Mr Prins soveraigne power of Parliaments c. a book published by authority of Parliament never answered to this day And therefore there will not be a necessity of insisting much on it here only a short hint at some particulars will suffice 1. In point of conscience it will be hard to prove that the power of warre resideth only in the King that he only beareth the sword For 1. Rom. 13. The sword is given to all Magistrats for the Apostle there speaketh of heigher powers indefinitely in the plurall number without specifying any kinde it is certaine Rome had not two or moâ—… Kings at once And if the Apostle had intended only Nero he would have designed him in the singular number He speaketh of powers that are of God are ordained of God this agreeth to Inferiour Magistrats who are God's Deputies judge for him as well as others 2 Chron 19 v. 6 7. Deut. 1 v. 16. Numb 11 16 17. He speaketh of Rulers this name agreeth to inferiour Magistrats as may be seen Exod. 18 v. 21 22 25 26. 16 22. 34 31. 2 King 10 1. 1 Chron. 12 v. 14. 26 32. He speaketh of such as must not be resisted but subjected unto Peter sheweth who these are 1 Peter 2 v. 13 14. even
Governours under the King as well as the King himselfe He speaketh of such as are God's Ministers which is a generall word comprehending all civill Governours He speaketh of all such to whom tribute custome honour or fear is due so he must take in all Magistrats otherwise this text should not concerne commonwealths which are ruled without a King He speaketh of such as are revengers by office to execute wrath on them that do evill thus are a terrour to evill doers and a praise to such as do well And this agreth to all Magistrats therefore this place cannot be understood as speaking of any single person or of Nero concerning whom it is a great question among lawyers if at this time he had the heighest soveraigne power in the Roman State as learned Prin sheweth in his soveraigne power of Parliaments c. part 3. pag 109 110 111 112. 2. Inferiour judges do judge for the Lord are deputed of him therefore they are endued with power from him for that effect 2 Chron. 19 v. 6 7. Deut. 1 17. 3. Inferiour judges are commanded to rule well they are threatened rebuked for mal-administration See Ier. 5 v. 1. Isa. 1 17 21 5 7. 10 2 59 v. 14. Ier. 22 3. Ezek 18 8. Amos 5 7. Micah 3 9. Levit. 19 v. 15. Deut. 17 11. Exod. 32 2. Now would God command those inferiour Magistrats to relieve the oppressed to judge the fatherlesse to plead for the widow if they had not the power of the sword for this effect or would he challenge them for neglecting this duty if they had not been impowered by him for that effect doubtlesse not So then if inferiour Magistrats be endued with power of the sword they ought to defend the fatherlesse the widow the oppressed subjects by the help of the sword they ought to rescue them from the hands of their oppressours And therefore when Popish malignant enemies rise up in armes seek to destroy the Land Man Wife Childe the inferiour Magistrats much more the Parliament may lawfully draw the sword which God had given them for the relief of the innocent defence of the countrey of their lives lands goods Religion all that is dear to them against malicious open enemies 2. Buchanan a man well acquainted with the lawes constitutions of Scotland in his Book De Iure Regni apud Scotos sayeth that the Kings of Scotland had no power of peace or warre without the Parliaments consent So that a warre raised by the Parliament against the common enemy in defence of the Kings honour the saifty of the people the purity of Religion cannot be condemned as unjust illegall 3. The renowned Historian Buchanan sheweth also that the Kings of Scotland have been oftintimes resisted by armes which a few instances will evidence when Durstus the 11. King banished all his Fathers Friends became loose dissolute he was pursued by the Nobles till he was forced to professe his repentance promise amendement afterward when he had cut off many of his Nobles by treachery the rest did rise up in arme against him kill him in battel So they rose in armes against Gillo for his wickednesse against Even 3. who was a most viâ—… wicked man So with one consent they arose against Darâ—…an slew his wicked servants who had been instruments of much evill They routed his forces tooke himself prisoner When Mogaldus grew odious by reason of his vices they rose up in armes against him So did they levy forces against Athirco when Romach had become cruell and had put many to death they rose in armes against him when Ferquard 1. turned tyrant he was summoned before a Parliament when he refuised to come they levied forces against him pursued him they stormed his castle in which he thought to shelter himself at length he was taken prisoner So did they purpose to rise in armes against Ferquhard 2. If they had not been diverted Likewise when King Iames the 3. had been seduced by his evill courteours had plotted the murther of the nobles they raised an army against him at length killed him So did the nobles take up armes against Bothwell the Queen pursued her untill she rendered herself prisoner The nobles wrote unto the queen regent Anno 1560. for removing of the french forces did adde as Buchan sayeth Lib. 17 Which tearmes if they be rejected we take God men to witnesse that we take armes from no innate malice or hatred but sore against our wills are forced to assay the last remedy least we should expose our selves our fortunes and our posterity to the worste of colamities Hence it is clear that it was the common practice of the Parliaments of Scotland and lex currit cum praxi to rise in armes against their Kings when they turned tyrants And therefore the Parliament their late taking up of armes in their own sinlesse self defence can no wayes be condemned let court sycophants speak what they please to make that bussinesse odious they both bewray their malice ignorance of the fundamental constitution of that kingdome 4. Though for all that is said the Parliaments interest in warre should be questioned yet their late defensive warre may be justified upon clear undenyable grounds for there is no such connexion betwixt these two but they are rather two distinct questions naturall sinlesse self defence may belong to such as have not propperly in stricke law the power of warre 5. The practice of other protestant princes Magistrats sheweth that their practice was not so odde nor odious as men who have taught their tongues to speak lies would make the world beleeve it was for Sleidan lib. 8. 21. 22. Bilson out of him in his difference c. part 3. pag. 274. sayeth that the German princes levied warre against the Emperour viz. the Duke of Saxon the Landgrave of Hesse the Magistrats of Magdeburgh together with other Princes cities joyning in the warre who having had the advice resolution of lawyers after mature deliberation did conclude That the lawes of the empire permitted resistence of the Emperour in some cases That the times were then so dangerous that the very force of conscience necessity did lead them to armes to make a league to defend themselves though Caesar or any in his name would make warr against them and That if the Emporour had keeped his bonds covenants they would have done their dutyes but because he made the first breach the fault was his For since he attempteth to root out religion subvert our liberties he giveth us cause enough to resist him with a good conscience The matter standing as it doth we may say they resist as may be shewed both by sacred prophane histories Vnjust violence is not Gods ordinance Nether are we bound to him by any
obtained a great victory that same year they renewed their Covenant at Brunna in which Covenant the other Ten Cantons at severall times thereafter being oppressed by their Nobles did joyne at length by warre brought themselves into that state of liberty in which they are at this day See for all this Simlerus de Repub. Helvet 12. And lastly they have the practice of the Bohemians who in the Dayes of Wenceslaus Sigismond waged great warres under the conduct of valiant Zizca See Fox's acts monuments Vol. 1. And thereafter in the dayes of Ferdinand they resolved to fight couragiously against all their enemies how great so ever they were But in case some should be so bold as to condemne all those Acts as treacherous rebellious let it be considered 6. That some of those same practices are allowed and approved even by the Kings of Britaine for King Iames in his answer to cardinall perron justifyeth the protestants of France their taking up armes in their own defence Memorable is that speach which King Iames had in the Parliament house Anno 1609. a King sayeth he governing in a setled Kingdome â—…easeth to be a King degenerateth into a tyrant so soon as he leaveth to rule by his lawes much more when he begineth to invade his subjects persones rights liberties to set up an arbitrary power impose unlawfull taxes raise forces make warre upon his subjects whom he should protect rule in peace to pillage plunder waste spoile his Kingdom Imprison murder destroy his people in a hostile manner to capâ—…vat them to hâ—…e pleasure This is a sentence well worthy to come out of a Kings mouth to beâ—…ingraven upon the thrones of Kings princes and doth more then abundantly justify Scotland in their late defensive warre Moreover Queen Elizabeth King Iames both by the publick advice consent of their realmes did give publick aid assistance unto the protestants of France against their King to the Netherlands against the king of Spaine and to the protestants in Germany Bohemia against the Emperour entered into solemne leagues covenants with them if they had been traitours rebells that action of defence utterly unlawfull would those princes have joyned with them in this manner who can think this So did King Charles the first openly avow to aide the protestants in France at Ree Rotchell against their King who was come in armes against them the Germane Princes against the Emperour the Netherlands against the King of Spaine And entered into a solemne league with them for that end All which do aboundantly justify the Scottish defensive warres free Scotland from the aspersion of disloyalty rebellion But moreover 7. It is to be considered That King Charles I. himself hath fully freed them of all these aspersions in his publick Acts in his Parliaments declareing The Scots late taking up armes against him his Consellours in defence of their religion lawes privileges to be no treason nor rebellion them to be his true loyall subjects notwithstanding of all aspersions cast upon them by the Prelaticall Popish party because they had no evill nor disloyall intentions at all against his Maj. person crown dignity but only a care of their own preservation the redresse of these enoâ—…mities pressures grievances in Church state which threatened desolation to both See the acts of oblivion pacification Here is enough to stope the mouthes of all Calumniators to vindicate them to cleare the innocency of their cause before all the Woâ—…d And furder King Charles who now is did approve of the same in his declaration at Dumfermlâ—… which is cited Sect 2. 8. Some of their chief antagonists are forced through the clearnesse of truth to assert such things grant such particulars as will by clear undenyable consequence justify their taking up of armes resisting the armies of their King when they came against then to destroy Religion Lives Lawes Liberties Beside that all of them are forced to speak most in consequently unto their own principles by their concessions do overthrow their own grounds arguments as might easily be made to appear if to discourse at length of this subject were designed now As 1. Iohn Barclay Lib. 4. Cap. 16. he sayeth expresly That if a King will alionate and subjecte his Kingdom to another without his subjects their consent or be carryed with a hostile minde to the destruction of all his people his Kingdom is actually lost and the people may not only lawfully resist and disobey but also depose him This is more then the Scots could desire for they plead not for deposeing or dethroning of kings but only for resisting withstanding them when they carry a hostile minde against them whereof a strong army of strangers marching with armes to their borders after they were contrary to all law declared rebels is as evident a demonstration as can be are seeking the ruine destruction of their own subjects They plead only That in that case the people may are bound before God to defend themselves when their religion which ought to be dearer to them then any thing else is sought to be taken away or altered service books or masse books the like tyrannically obtruded upon them So Contra Monarch lib. 3. c. 8. He granteth that the people have right to defend themselves against great cruelty what greater cruelty could be expected by a nation from their King then to be blocked up by sea land threatened with utter ruine extiâ—…pation unlesse they would sell soull conscience all doth not this speak abundantly for the justifying of them 2. D. Fern. Part. 3. s. 5. acknowledgeth that personall defence is lawfull against the suddaine illegall assaules of the Kings messingers or of himself in so far as to ward off his blowes to held his hands and when the assault is inovitable Now if resistence be lawfull against suddaine assaults much more against premediated deliberated advised assaults If resistence of illegall assaults be lawfull then they cannot be condemned because the assaults of the King's forces were against all law reason for there is no law warranding the King or any other having a commission from him to force popery upon them by armes If resistence be lawfull against inevitable assaults then they are justified for how could they resist the assault of so many thousand armed men but with armed men Yea when he alloweth in such a case that hands may be laid upon the prince he more then justifieth them who never did intend harme to his Maj. person honour but wished sought the saifty preservation thereof by all meanes And againe when he would answere the argument taken from Elisha's resisting of the King he granteth that itis lawfull to resist the Kings cutthroats and what did Scotland more then resist his
bloody emissaries Moreover he alloweth to privat persones liberty to deny subsidies and tribute to the prince when he imployeth it to the destruction of the common wealth and is not this a clear resistance a taking of the sword out of his hand But what shall a nation do that cannot get pay holden from a plundering army of enemies so cannot get them disbanded but take up armes force then to it This is but resistence the other is resistence Majus minus non variant speciem yea it is a question if it be lawfull to deny to the King any of his tribute though it be clear enough that it is lawfull for a nation to defend themselves against the King's unjust illegall commissions The same Doct. in conscience satified Sect. 5. confesseth that Salus Populâ—… est supremâ—… Lex and if so some meanes must needs be allowed unto the people to preserve their own saiftie when it is in hazard to recover it when almost lost by the invasion tyranny of governours who instead of levelling all to that end which should be before their eyes are taking courses tending to the destruction of the people To come with an army of armed enemies against a common wealth is no sit mean to preserve that common wealth but to common sense speaketh out an intention to destroy the same therefore Scotland can not be condemned for preserving it self in such a case 3. Iohn Bodin de republ lib. 2. c. 5. granteth That if a King turntyrant he may lawfully at his subjects requâ—…est be invaded resisted condemned or slaine by a forraigne prince proveth it at large from severall exemples And if a forraigne prince may do this why may not the subjects themselves do it if they be able if the subjects may petition for this help why may they not forbear to trouble strangers if they be able to do it themselves a forraigne prince hath no more superiority nor right over their prince for that effect then they havethemselves yea not so much And elsewhere in that book viz lib. 1. c. 10 lib. 5. c. 5. he alloweth subjects to resist to depose Kings in some cases which is more then Scotland doth desire 4. Arnisaeus de author prinp c. 2 n 10. granteth that if the prince proceed extrajudicialiter without order of law by violence every private man hath power to resist much more then may the body representative of a land resist when he cometh against them with fire sword which is the most extrajudiciall acting imaginable So c. 16. n. 4. he granteth that limited princes may be resisted such an one is alwayes was the King of Scotland for they never knew an absolute prince as is clear from what hath been already said 5. So Grotius who de Iure belli paâ—…is lib. 1. c. 4. n. 1 2 3 4 5. denyeth that the warr of subjects against superiours is lawfull would prove it by the law of nature the Mosaicall law the Gospell by the practice of the primitive christians and n. 〈◊〉 denyeth this not only to private subjects but also to inferiour Magistrats all which to examine is not the work presently intended only it is worth the noticeing that even he is forced to grant many things which serve abundantly to justify the practice of Scotland for ibid. n. 7. He granteth the law of not resisting doth not binde when the danger is most weighty certaine doth prove it thus because the lawes of God in some cases admit the exception of extreme necessity as the law of the sabbath further addeth that this law about resistence hath its â—…ise from their will who did first associat themselves in a society created governours over themselves for if they were asked whether they would acknowledg these conditions that they should die rather then resist in any case they would not grant it unlesse in this case when resistence would wrong the common wealth occasion the killing of many innocents He furder proveth it from that passage which was cited out of Barclaius yea he dar not condemne any no not the lesser part of the people who rise in armes in extreme necessity far lesse would he condemne the body of a land useing this last remedie in the extremity of hazard danger furder he proveth this from David who took armed men 1. Sam. 22 2. 23 13. to resist the violence of Saul after he had learned for certanety that he was seeking his life and from the Maccabces whom as he thinketh nothing else can defend but the great imminent danger in which they were And furder n. 8. he granteth that such princes may not only be resisted but also punished by death who are not absolute And it hath been showne that the Kings of Scotland have been obnoxious unto their Parliaments yet they desire not so much as is here granted Moreover n. 10. he assenteth to Barclaius saying as hath been cited that if a King alienate his Kingdome he loseth it but furder he addeth if â—…e prince but attempt to do so and to subject it to another he may be resisted and also n. 11. he assenteth to Barclaius saying as hath been cited that the King doth lose his power when he seeketh the destruction of his subjects And againe he sayeth N. 13. If the king hath one part of the supremacy the senat another then the king may be resisted when he incroacheth upon the senat that notwithstanding that it were granted the King onely had power of war for that is to be understood onely of warre with forraigners Thus he doth abundantly justify the late defensive warre of Scotland against their prince who was incroaching upon the liberties of Parliament people These particulars seriously pondered will do much to cleare their innocency unto the world to vindicat their cause and practice from the many foule calumnies aspersions which the Dâ—…gs of the generation did cast upon them of purpose to foment the discord betwixt the king his faithfull loyall subjects And though by what is said conceded by their adversaries the clearnesse equity of their cause appeareth both in poynt of law conscience yet for furder clearing of the same these few following particulars may have some weight 1. There is great difference to be put betwixt actuall disobeying of rebelling against violently with force of armes resisting the lawfull Magistrat doing his duty commanding just things warranded by the lawes of God the land And disobeying his unjust Acts resisting his violent tyrannicall oppressing plundering spoiling killing armies The former is a resisting of the very ordinance of God forbidden Rom. 13. where the Apostle is speaking of the civill Magistrat doing his duty in his place as God's deputy exerceing the duties of his calling executing his office But in the other case the Magistrat is out of his function
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
Prins Soveraigne power of Parliaments c. Where the matter is fully cleared both in poynt of law conscience which was published by order of Parliament and a book intituled de jure Magistratus insubditos Trochreg's commentary on the Ephesians where he will finde this question prudently judiciously and satisfactorily handled from pag. 911. to 925. Thus in some measure is this Ninth particular cleared the Iawfulnesse of Scotland's defensive warre clearly showne hereby the unlawfulnesse of swearing any oath which might have imported a condemning of that warre is also demonstrated By what hath been said to this Ninth particular the Tenth last is likewise cleared viz. The lawfulnesse of Scotland their seizing upon the Castles within themselves For if it be lawfull for a land to defend themselves to use resistence by armes in their own necessary defence It is also lawfull for them to seize upon such castles strengths as may prove a fit necessary meane of defence It is lawfull to possesse these keep them out against the enemies of the countrey who if they had them would make use of them for the destruction of the land for the subversion of Religion Lives liberties What ever law will allow of self defence will also allow the use of all fit meanes for that end For the end includeth the meanes leading to the end Moreover these Castles Fortifications were originally appointed for the saifty security of the Kingdome of none else therefore at the learge treaty it is concluded in answer to the second demand That the Castle of Edinburgh and other strengths of the Kingdome should with the advice of the Estates of the Parliament according to their first fundation be fournished and used for defence and security of the Kingdom So that hereby the King approved of all which was done in this businesse before acknowledged that according to their first fundation they were for the Kingdom 's advantage It is true these Castles were annexed to the Crown Parl. 11. Act 41. King Iames 11. but that was done to guaird against the poverty of the real me for all that the King might not give them away in fee or heritage nor in franck tenement without the advice deliverance decreet of the whole Parliament And for great soon reasonable causes of the realme otherwise any alienation or disposition was to be of no avail And it was enacted that the Kings of Scotland should be sworne at their coronation to keep his statute in all points Act 9. Parl. 9. king Iam. 6. sayeth that These Castles are for the welfare of the realme as well as for his Maj. behoofe so Act. 125. Parl. 7. K. Iam. 6. The Castles are called the keyes of the realme So though the King hath the custody command of them yet it is alwayes in order to the right end that is for the saifty good of the countrey if he should make use of them for the ruine destruction of the countrey they should be abused might lawfully be taken out of his hand converted to the right use as when a father turning mad will kill his children with a sword the children may lawfully take the sword from him with which he was bound to defend them against the common enemy make use of it in their own defence Castles fortifications are not the King's patrimony but belong to him as King Governour of the land so that he is to make no use of them but for the countreyes good he cannot dispone sell them as he may do other things that belong to his patrimony Therefore Scotl. cannot be blamed for seizing on these for their own saifty seing this is their native end the only thing they were ordained for Nor can any be blamed for refuseing that oath which would have imported a condemning of this lawfull necessary deed Thus reader thou hast shortly laid before thee a hint of what clear grounds there were of stumbling at the taking of this oath as to the very civil part thereof seing this civil supremacy is must be the same with his perogative his prerogative is such as hath been showne A difference betuixt the supremacy the prerogative is not imaginable unlesse it be this that the supremacy is more comprehensive taketh in all the prerogative something more yea by some posteriour acts they are made of one the same latitude as in the act for the national Synod the setling of the external government of the church is said to belong to his Maj. as an inherent right of the crown how by vertue of his prerogative royall and supreme authority so that his prerogative royall supreme authority are made one if they be one as to ecclesiastical matters much more must they be one the same as to civill matters more clearly in the King's commission for the heigh commission where it is said His Maj. by vertue of his royall prerogative in all causes and over all persons etc so that any may see that his supremacy over all causes is one the same thing with his prerogative Moreover this is certane that who soever do acknowledge recognosce the King 's power supremacy in all causes and over all persons do acknowledge recognosce all that which they say agreeth to him as King and who soever do acknowledge recognosce this do acknowledge recognosce his royall prerogatives for his royall prerogatives are such things as agree to him as King because they are annexed to the crown as they say It is true in their 11 act of parl the acknowledgment of his Maj. prerogative is mentioned beside the oath of alleagiance But that will nor make them to differ so far yea the acknowledgment of his Maj. prerogative is but explicatory of a part of that supremacy mentioned in the oath of alleagiance So that his prerogative over parliaments over their actions over all other subjects is but a part of that supremacy which they say he hath over all persons in all causes So in the oath for asserting his majesties prerogative defensive armes the Kingdomes entering in a league with England all their proceedings in the work of reformation are condemned this cannot be denyed though there be an expresse oath afterward conceived of purpose for that end viz the declaration set forth â—…ept 2. 1662. SECTION XII The meaning of the oath of Alleagiance as to its ecclesiastick part opened some reasons why upon that account it could not be taken THe civil part of this oath of alleagiance being thus spoken to in the next place the ecclesiastick part must be handled when this is but explained reasons without much difficulty will appear why as to that part of it it could not then nor as yet can in conscience be subscribed unto In this part as in the other the sense
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
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
such an one is Mr Stillingfleet's prelats rule domineer with as absolute unlimited power as ever any did when it is alledged that they account themselves distinct officers from superiour to other presbyters that there is no warrand for any such officers Mr Stillingfleet their new advocat cometh in sayeth They are no distinct officers let themselves say what they will you may take them up as no distinct officers so suffer them to domineer still if you look upon them as no distinct officers there is no hazard all is saife be they Pope be they Prelat let them pretend to never so high speciall commissions as speciall distinct officers yet they may be submitted unto obeyed this mentall conception will make all right 3. When any are disputing against an intruder in the house of God whether is it saifest to take him up in his own colours to look upon him as he holdeth forth himself or to paint him as any think best If any disputant would take liberty to paint him as he pleaseth he should not dispute for truth but deal deceitfully Let Mr Stillingfleet answere this question Whether is it possible that a man may give out himself for a new officer or not or whether is there any hazard that such an one may be acknowledged countenanced as an officer as such an officer as he giveth himself forth to be in the house of God or not If Mr Stillingfleet be consonant to his principles he must answere that it is not possible for really there can be no new officers warranded of God every one is at liberty to take them up under a right notion there is an end then let all the popish rable ten times moe come in they may be submitted unto for really there can be no other officers in God's house but pastours deacons with Mr Stillingfleet every one may look on all the rest as having their power either restricted or enlairged according to the determination of prudence 4. It may be asked whether the Apostles were distinct officers from presbyt yea or not If they were distinct what was it which made them distinct It could not be their different way of mission for Matthias had not such a mission as Iames Iohn Peter the rest had yet all of them were Apostles Matthias no lesse then the rest It could not be their extraordinary qualifications for Prophets workers of miracles speakers with tongues had extraordinary qualifications yet they were not the same with Apostles further distinct qualifications make not distinct officers Or was it a larger extended power Then it is certane that prelats upon the same account must be distinct officers from other presbyters for they have a larger extended power then other presbyters have 5. Doth Mr Stillingfl think that there is no difference betuixt a man who acteth as commissionated from a judicature having his power particular commission from them a man who doth all of himself by his own power having a commission from none that there is no difference betuixt one who receiveth commands from others as accountable to them one who taketh upon him to command them as he thinkest best betuixt the generall of an army sent forth by the Estates of a land ruled without a King having power commission from them a King making use of the Estates or of the Parliament of the Kingdome as his counsellours whose advice he will follow or not follow as seemeth him good commanding all of them aâ—… pleaseth him best If he think that there is no difference betuixt these then indeed he cannot be much blamed for thinking that the prelat whom he busketh is one the same with the prelat of whom the controversie is But in sober sadnesse let it be asked of Mr Stillingfleet If he did satisfie himself with this his fiction notion There is no controversy now about what may be or of a man in the moon but of the prelats who are now in being concerning these it would be asked whether he thinketh that they arâ—… chosen by the Church over which they are that they are impowered by that Church or by the officers of that Church for that effect that they are accountable unto them so that their power may be restrained at the Churches pleasure Or not rather that they choose ordaine the presbyters commissionat them calling them to an account punishing as they think sit usurping useing this power as their owne not borrowing it from the presbyters in whole or in part as being themselves solely invested with all Church power from Christ letting out the same to presbyters as they think meet Now it is of these that the controversy is it is such as are understood when it is said that they are new Church officers there is no controversy concerning Mr Stillingfleet's supposed Commissioners for whether such as he speaketh of be new distinct officers or not it is no matter so long as these of whom the disput is are such without all question for any thing which Mr Stillingfleet hath said to the contrary for the persons he speaketh of are not the same with the persons concerning whom the controversy is Commissioners having all their power derived from others are one thing such as have all the power from with in themselves are another thing But. 6. To put the matter more out of doubt let it be considered that a distinct proper work with a distinct ordination for that effect is enough to make a distinct officer What distinguisheth Presbyters Deaâ—…ns Let ruleing elders be laid a side seing Mr Stillingfleet will not owne them as Church officers but their distinct peculiar work ordination so since prelats assume to themselves as their peculiar work the power of jurisdiction ordination to speak nothing of the power of order they do account themselves so must all take them to be distinct officers All the prelats that ever were yet in the world did look upon themselves as distinct from presbyters all who ever wrote of prelats took them up as such whether Iure Divino or Humano all is one as to this bussinesse of their being distinct till Mr Stlling fleet did vent his new notions 7. That a judicature which acteth joyntly in matters of jurisdiction may in some particulars for facilitating their execution impower one or moe of their number for that effect is easily granted but that they may so Impower them as to denude themselves wholly of the power so enlarge the power of others as to null their owne must be otherwayes proved then by Mr Stilling fleet 's bare assertion Christ's commission taketh in both the power of order jurisdiction alloweth his servants no more to denude themselves of the one then of the other They themselves must answere for
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
〈◊〉 Q. 38 Art 1. by which he declareth ordereth his purposes to another And these are of two sorts Either that which is called Pollicitatiâ—… this aâ—… Grotius sayeth de jur bel pac Lib. 2 c 11 § 3. is when the will doth determine it self for the time to come with a sufficient evidence shewing the necessitie of persevering this as he addeth doth either oblige simply or under a certane condition Or else such as are full compleat promises Such as promises of giving promises of doing in these as he sayeth 1b § 4. Beside the determination there is also a signe of voluntary resigneing the right over unto another He further there proveth That these promises do binde 1. By shewing from scripture viz. Neh 9 8. Heb. 4 18 10 23. 1 Cor. 10 13. 1 Thes. 5 14. 2 Thes. 3 3. 2 Tim. 2 13. How God who is above all law should yet do contrary to his nature if he should not keep his promises 2. By that passage of Salomon Pov. 6 1. My soâ—… if thou be surety for thy friend if thou hast stricken thine hand with 〈◊〉 stranger then art thou snared with the words of thy mouth those 〈◊〉 taken with the words of thy mouth So that pomises are strong bondes ought to be keeped hence that Verbaligant homines Taurorum cornua funâ—…s Buls by their horns men binde with cords Men use to be bound by their words A heathen could say of a promise made to another Voâ—… meâ—… fatâ—…tuaest Ovid. 2. Meâ—…amor And heathens made much of their promises Yea it is said of some that they refused to sweare any oath because that would have imported that their bare word promise was not be to rested on as securitie enough Thus the Scythians as Grotius sayeth de jure bell Paâ—… Lib. 2 c. 13. § 21. refused to sweare to Alexander told him that colendo fidem juranâ—… They sweare by valueing their promise So when at Athens a grave person came to give his oath at the altar all the judges cryed out that they would not suffer it to be done â—…o quod nollent religone videri potius quam veritate fidem esse consâ—…rictam Spurius posthumus In his speach before the Senate as Liv. sheweth Lib. 9. sayeth that promises no lesse then covenants are religiously regarded by all apud quos juxta divinas religiones fides humana colâ—…ur when C. Licinius L. Sixtus two Tâ—…bunes were making some overtures tending to the advantage of the people one whereof was that in payment of debts all that which had been payed iâ—… usurie should be allowed in the first place Claudius Crassus 〈◊〉 of the Patricij had an oration to disswade the people therefrom shewing them how that by this meanes all faith trust should be banished consequently all humane society should be destroyed see Liv. Lib. 6. The Romans have been famous for keeping their publick faith hence in all their straites the people did lend money most willingly unto the Senat not knowing how it could be better secured Liv. Lib. 25. And therefore they honoured their publick faith as a Goddesse had a solemne place appoynted for her in which place all their articles of peace covenants were sworne â—…t ejus quiea violaret sacrum diis inferis caput esset see Liv. hist Lib. 1. Lib. 24. Yea so much did they esteem of their faith that they did not thinkit enough not to do any thing contrarie thereunto But they would not suffer others to do any thing which might seem to reflect on them their faithfulness therefore as Liv. sheweth Lib. 28. when Hanniball had over thrown Saguntum a citie in Spaine which had befriended the Roman interest they thought it their dutie to recover that citie out of the hands of Hannibal did so Memorable is the storie of Fabius the dictator mentioned by Liv. Lib. 22. who when Hannibal was wasteing Italie had spared a piece of ground that appertained unto him of purpose to make the report goe that he had complyed with him seeing his fidelity thus in hazard to be questioned sent his sone to Rome to sell that piece of ground with the money thereof he payed what he had promised for the relief of some captives upon the publick faith thus fidem publicam privato impendio exsolvit When Iugurtha King of Numidia had killed the two Grand children of Masanissa that he might possesse the whole Kingdome The Romans called jugurtha to answere for this fact secured him in coming by their publick faith because of the saife conduct which they had promised they sent him away saife notwithstanding that he had owned the wickednesse done by 〈◊〉 his companion And had conveyed him away quietly See Salust in jugurth It is memorable also that when Scipio was warring in Africa against the Carthaginians there was a truce concluded the Carthaginians sent some ambassadours to Rome to treat for a peace in the mean time Asdruball taketh 230 of the Roman ships which had been driven from the fleet by storme which the ambassadours that came from scipio upon the report of this were come to Carthage they also were in humanely used hardly escaped notwithstanding of all this breach of truce breach of the law of nations the Romans because of their publick faith sent away the Carthaginian Ambassadours saife See Liv. Lib. 32. So was it their publick faith which freed Hanâ—…o a commander of the Carthaginian forces notwithstanding that the Carthaginians had put Cornelius Asâ—…na a consul in chaines contrare to their faith promise Many such instances might be given but these may suffice to make such as call themselves Christians to blush when they see how far they are out striped by such as had no rule to walk by but the dimme letters of natures light How may those religious heathens if they may be so called being compared with the more then heathenish Christians have hissed Matchiavel out of their common-wealth banished him their society as fitter to live among beasts with his beastly overtours then among men Seing they tend in effect to turne men into bruits For if no faith or promise be keeped all humane society shall be broken up there must be no trasfieque no barganeing but men must be left at liberty to run roave abroad as the wilde beasts of the field to catch what they can have Memorable is that which Buch. hist. lib. 9. relateth of the borderers in Scotland who thought so much of the breach of a promise that they would not eat nor speak with such as broke promise nor suffer him to come into their houses for his disgrace they stucke up a glove upon a pole or a spear carryed it aboutin their publicke meetings 2. There is in the breach of those covenants a clear breach of an oath The covenants are sworne covenants so the
5 2. 7 9. Ezek. 16 59. 17 16 17 18. Hos. 10 14. Zech. 5 3 4. 8 17. Mal. 3 5. Many precedents in scripture cleare it to be duty to stand to oaths As these Gen 21 31. 24 9. 25 33. 26 31. 31 53. 47 31. compared with Cap. 50 5. So Gen. 50 25. compared with Exod. 13 19. Iosua 2 12. comp with Cap. 6 22. So Ios. 9 15 20. 1 Sam. 24 21 22. 2 Sam. 19 23. compared with 1 King 2 8. 1 Sam. 20 17. compared with 2 Sam. 21 7. 1 Sam. 30 15. 1 King 1 13 30. Neh. 5 12. Now shall Christians make no more of all these them Sampson did of the new ropes Shall neither law of nature law of nations nor yet the law of God be of any binding force If so they declare themselves not only to be no Christians But to be no men Sure then it must be a hainous iniquity for any who are engaged in this Covenant to cast it behinde their heels contradict what they have there sworne It is a great sin to break a promise but it is a greater sin to break an oath because an oath is a greater ground of security in an oath the dreadfull name of God is invocated to attest the sincerity of the promises purposes of the promisers this maketh the obligation stronger so the breach of this bond must be the sader 3. There is in this a clear breach of a vow for in these covenants there is a promise made unto God that is a vow Now the obligation of a vow is no lesse then the obligation of an oath For in every vow there is an implicit calling of God to witnesse a vow is of the like nature with a promissory oath so should be performed with the like faithfulnesse sayeth the confession of faith at Westminster cap. 22. Sect. 5. That lawfull vowes ought to be observed with all carefulnesse many both precepts precedents in scripture do cleare as Num. 30 v. 2 4 8. 1 Sam. 1 21 Deut. 12 11. 23 21 23. Ps. 76 v. 11. Eccles. 5 4 5. Gen. 28 20. Numb 6 21. 21 2. Iudg. 11 30. compared with Levit. 27 28 29 Ps. 132 2. 22 25. 56 12. 16 5. Prov. 20 25. Isa. 19 11. Iona. 1 16. 2 9. Nah. 1 15. So then the sin of violating these oaths or covenants being likewise the violation of a solemne vow made unto the Lord after which it is not lawfull so much as to make inquirie must be great 4. There is in this a clear breach of a Covenant made with man for in the league and covenant The King the Parl. the people of the three Kingdomes do mutually covenante each with other for the performance of those things which do concerne them in their severall stations either as to the work of reformation or as to the preservation of each others mutuall rights privileges King and Parliament do Covenante to preserve the peoples liberties King and people Covenante to preserve the privileges of Parliament Parliament people Covenante to preserve his Maj. person honour authority And all the people stipulat engadge each to other so that here without all doubt there must be a clear breach of a Covenant and this must be a grievous sin for very heathens looked upon the breach of a Covenant as a hainous uncouth thing did abhominat the same Hence Collicrates did disswade the Achâ—…ant from hearkening to Perseus the King of Macedon who intending warre against the Romans was seeking to make peace with them Because it would be a breach of the Covenant which they had made with the Romans see Liv. lib. 41. To break Covenant is a sin against the law light of nature so condemned amongst very heathens Rom. 1 30. for which the Lord gave them up to a reprobat minde v. 28. The obligation of a Covenant is the highest assurance greatest ground of security that natures light could finde out betwixt nation nation or betwixt man man in matters of greatest concernment And this ground of assurance is generally rested on by all unlesse they have to do with a Hannibal or with the Samnites whom no Covenant could binde Hence is that saying sides supremum rerum humanarum vinculum est faith is the highest assurance in humane matters It is spoken to the dishonour of Philip King of Macedon that none could call him a good King because that usually he despised oaths and broke his promise upon any light occasion so that no mans promise was lesse esteemed of of Hannibal that in warring against Rome he did wadge warre more against his owne faith and promise and rejoyceing in lyes and deceit as so many excellent arts he resolved to leave behinde him a notable memory of himself but so as it should be uncertane whether as of a good man or of an evil man The Trojans accuse themselves of this iniquity apud Homer As rendered by one thus Rumpentes foedera sacra â—…uratamque fidem pugnamus non quibus est fas Who sacred leagues annihilate Their faith though sworne do violate 'Gainst those on whose side stands no right We do may with courage fight Yea it is reported that the Romans would not break Covenant even to such as had broken unto them therefore when Sergius Galba would have cut off 7000 of the Lusitanians who had broken Covenant in a most perfidious way he is accused by Libo a tribun of the people for wounding the honour of the Romans in recompensing perfidiousnesse with perfidiousnesse sayeth Appianus persidia persidiam ultus contra Romanam dignitatem barbaros â—…abatur It was a great evidence of basenesse in the Saxâ—…s when the pickâ—…s refused to make any Covenants with them because that with them Covenants which with others were the surest bond of friendshipe were but snares for the simple So Buchan in viâ—… Gorani So that natures light teacheth the obligation of Covenants to be inviolable And also the light of the scriptutes teacheth the same Ios. 9 19. Neh. 9 38. 2 King 11 17. Ezek. 17. throughout Ier. 34 18. c Gen. 21 27. 1 Sam. 18 3. 20 16. Gen. 31 36. 44 49 50 52. Neh. 5 11 12. 1 King 5 12. 20 34. 5. There is in this a breach of Covenants whose tye obligation is sacred religious of Covenants which God will owne as his he being called to witnesse therein by an oath which was interposed All Covenants confirmed with an oath whatever the things be religious or civill concerning which they are made are owned of God as his hence the Covenant betwixt David Ionathan is called the Covenant of the Lord 1 Sam. 20 8. upon this account the violating of those sworne Covenants must be a hainous great transgression therefore Zedekiahs fault in breaking his Covenant with the King
of Babilon is aggraiged upon this score Ezek. 17 19. soâ—… judgments are threatened therefore Therefore thus sayeth the Lord God as I live surely mine oath that he hath despised and my Covenant that he hath broken even it will I recompense upon his owne head The oath is called God's oath the Covenant God's Covenant which v. 16. is called the King of Babilon his oath his Covenant And upon this account the sin is aggraiged he is the more assured of judgments because of his breach of this Covenant So likewise that Covenant mentioned Ier. 34 8 9 10. wherein thâ—… princes the people did sweare to let their Hebrew servants goe free is called God's Covenant v. 18. upon this account sorer judgments are threatened v. 19 20. And I will give the men that have transgressed my Covenant which have not performed the words of the Covenant which they had made before me into the hand of their enemies So then the breach of this Covenant which was sworn with hands lifted up to the most high God in an eminent way before the Lord must be the breach of a Covenant which God will owne as his Covenant as his oath therefore the greater sin 6. It will be the breach of Covenants made with God for they containea vow a promise confirmed with an oath made for doing of such things as God commandeth in his word therefora greater sin for Covenants made with God should be more bindeing inviolable then Covenants betwixt man man For in Covenants betwixt man man there may be dispensations in remissions of the obligation moreover the ground of those Covenants may faile Now none can either dispense with or grant remissions in the matters of God Moreover Covenants made with God are more absolute lesse clogged with conditions so more obligeing And therefore the sin of breaking such covenants must be the greater all may be sure that God shall avenge the quarrell of these Covenants which are his owne he being in them not only judge witnesse but also altera pars contraâ—…ens the party with whom the Covenant is made Lev. 26 15 16 17 25. 7. It will be the breach of Covenants made with God about morall duties It is a morall duty to abjure all the poynts of popery which was done in the nationall Covenant it is a morall duty to endeavour our own reformation the reformation of the Church which was sworne to in both Covenants It is a morall duty to endeavour the reformation of England Irland in doctrine worshipe discipline and Government which was sworne to in the league Covenant It is a morall duty to purge out all unlawfull officers out of God's house to endeavour the extirpation of heresy schisme whatsoever is contrary to sound doctrine which was sworne to there also It is a morall duty to do what God had commanded towards superiours inferiours equalls which by the league Covenant all were bound unto And therefore the Covevenants are strongly obligeing being more absolute then other cov because they binde vi materiae vi sanctionis both by reason of the matter by reason of the oath so are perpetuall Ier. 50 5. And therefore a breach of these must be a greater fault then the breach of such Covenants as are about things not morally evil which only binde vi sanctionis so it is beyond all doubt that the breach of these Covenants is a most hainous crying sin 8. It will be a breach of such Covenants as are so framed as that they cannot be made void though they should be broken buried forgotten Because they are Covenants about morall indispensable duries such duties upon which dependeth the glory of God the advancement of the Kingdome of our Lord saviour Jesus Christ The honour happinesse of the King's Majesty his posterity the true publick liberty saifty peace of the Kingdomes the good of posterity in all time coming the Lord's being one his name one in all the three Kingdomes And so the transgessing of such Covenants must be a greater fault then the bâ—…each of such which are of that nature as to be made void after some period of time or after a failzy by the one party Therefore seing those Covenants must binde though all had broken them brunt them also so long as â—…fe lasteth It must be a hainous crime to break them 9. It will be a breach of Covenants reall hereditary such as reach not only the persons themselves entering into Covenant but likewise their posterity like that betwixt David Ionathan 2. Sam. 9 7. 21 7. that betwixt Iosua the Gibeonits that mentioned Deut. 29 14 15. For this Covenant is of that nature as shall appear if that which Grotius de jur â—…el pac lib. 2. c. 16. § 16. Sayeth concerning these Covenants be considered where he giveth this as one evidence of such Covenants viz. When the subject is of a permanent nature addeth albeit the state of a commonwealth be changed into a Kingdome the Covenant must binde quia manet idem corpus etsi mutato capite though the head be changed the body of the commonwâ—…alth is the same And againe he sayeth as grving another evidence of such Covenants When there is such a clause in the Covenant as that it should be perpetuall or when it is such as is made for the good of the Kingdome addeth When neither maâ—…er nor expressions can certanely determine then favorabiliora creduntur esse realia the most favourable advantagious are reall Covenants So that by these marks evidences it is clear that these Covenants are reall Covenants obligeing not only them but also their posterity for 1. The subject or the person who did first enter into this Covenant was the body or universality of the people themselves then their Parliaments in their Parliamentary capacity like the oath of Iosua the princes which did binde the people in all time coming notwithstanding of what they might have said for themselves as not owneing the same but murmureing against it Yea the King in his princely capacity sitting on his throne with the crowne on his head in the day of his solemne inauguration this though there were no more will make it a reall Covenant binding the people according to that imperator foedus percussit videtur populus percussisse Romanus As King Zedekiah's oath to the King of Babilon did oblige the people Now then seing where either the body of a land their Parliaments or their prince in their severall capacities do Covenante the Covenant becometh reall perpetually obligeing much more must it be so where all these three are so theseoaths being Regall oaths Parliamentary oaths nationall oaths covenants they must be covenants perpetually obligeing so that as long as Scotland
hath a King or a Parliament Yea though there should be none of those this obligation would stand because mutato capite maneret idem corpus The subject would be permanent therefore the faith of Scotland being Engaged so long as Scotland is Scotland the Engagement standeth will not be dissolved The faith of the Medes being Engaged made it fare the better with their tributary cities even after the Medes did obtaine the Empire had their state changed So the publict faith of Scotland being Engaged by all persons in all capacities as long as there are any scotish men to succeed in those capacities the obligation standeth 2. Consider the very expressions of the covenant the â—…nd thereof it shall appear to be perpetuall reall publick in the preface there are these words having before our eyes the glory of God the advancement of the Kingdom of 〈◊〉 our Lord saviâ—…ur Iesus Christ the honour happinesse of the King's Maj. his posteritie the true publick liberty saiftie peace of the Kingdoms wherein every ones privat condition is included sure all this is a publick good a publick nationall good to be endeavoured by the Kingdom of Scotland in all future generations againe it is added for preservation of our selves our religion from utter ruine destruction So in the first article there are these words That we our posterity after us may as brethren live in faith lâ—…ve the Lord may delight to dwell in the middest of 〈◊〉 And in the second article there are these words That 〈◊〉 Lord may be one his name one in the three Kingdomes in the fift article there are these words we shall each one of us according to our place interest endeavour that these Kingdomes may remaine conjoyned in a firmâ—… peace and union to all posterity So that it is beyond all question that the scope intent of the covenant is publick nationall 〈◊〉 Consider the matter of the covenant this will yet further appear The very matter sheweth this for as was said it is about morall duties so though it were true that juramenti obligatio personam tantum obstringeret Yet ipsa promissâ—… haeredes obligaret for in ipsa promissione satis est efficaciae such a promissorie oath is of â—…orce to binde the posteritie So then this being a publick reall nationall covenant It must be a haiâ—…ous offence to transgresse it such an offence as their posteritie after them were bound to mourn for when they renewed as they were bound in conscience to do the same â—…fter the example of those mentioned Ezra 9 10. Neh. 9 10. 10. It will be the breach of covenants obligeing perpetually by the very persons who did solemnely sweare enter into these covenants This cannot but be a great aggravation of this crime If it would be a sin for their posteritie some 〈◊〉 of yeers after this to transgresse these covenants will it not be a greater sin for them to beak them in their own dayes's How unspeakably hainous must it be that the very persons who lifted up their hands swore as they â—…hould answere to God in the great day do run counter their own oath transgresse that Covenant Was it so great a sin for Saul to break that Covenant made with the Gibeonits as did provoke thâ—… Lord to send Three yeers famine his anger to burne sore against the land till Seven of Saul's posteritie were hanged up before the sun when this was Three hundred yeers or more after the Covenant was made would it not have been a greater sin if in Iosua's dayes he the very princes who made the Covenant had broken it Sure the posteritie after some hundereds of yeers might have said more for themselves have pretended ignorance or forgetsulnesse of the thing or some one thing or other which for shame the self same persons who entered into Covenant could not once mention So then it is beyond all question that this doth aggraige the guilt of this generation that it is the same generation for the most part which did sweare these Covenants that doth now break them seing they cannot yet be ignorant or forgetfull of the many evident demonstrations which God gave of his owneing of these Covenants both at the swearing of them afterward so long as people made any conscience of standing by them 11. It would be the breach of Covenants sworne with the greatest solemnities imaginable whether or not that be true That quanto crescunt c. as the solemnities do grow so groweth the oath Shall not be now debated though it seem a truth that solenne juramentum non magis obligat exse naturâ suâ quà m simplex that an oath accompanied with solemnities hath no stronger obligation of it self and in its own nature then a simple oath wanting such solemnities Yet as Doct. Sanders sayeth de jur Prom. obl Prael 5 § 12. The solemnities of the oath do aggraige the sin of perjurie necessaryly and inseparably for which he giveth two reasons 1. Because of the greater deliberation for these externall rites solcmnities are used of purpose to strike into the minde a greater reverence of the Action and a greater sense of religion that so the man might goe about the Action with greater attention deliberation and every sin caeteris paribus is the greater that it is done against a deliberat Act of the will 2. Because of the greater scandall for the more solemnely any thing 〈◊〉 done it is the more observed bymoe therefore the scandall is the more notorious pernicious Scripture is likewise clear for this as may be seen Ezek. 17. where the perjurie of that King is aggravated from this among other things v. 18. when lâ—… he had given the hand that is when he had solemnely engadged himself by this rite ceremony of giving his hand So 〈◊〉 34 19. when thâ—… sin of the breach of Covenant is spoken of this is mentioned that they passed between the parts of the calfe a rite used in making of solemne Covenants it was to have some beast or other divided in two the Covenanters were to passe thorow betwixt these parts And therefore the breach of those Covenants must be a horrible provocation for in them they gave as it were their hand to God when they lifted it up swore what more solemnity can be used about the making of a Covenant then was used at the making of these was there not here as may appear to any who will but look back to what is said upon this subject in the second Section a swearing unto the Lord with a loud voice with shouting and with trumpets and with cornets as it were as 2. Chron. 15 14. The transgressing of those Covenants must then be a sin unparallelable 12. Adde to these That it would be the breach of such Covenants against which
cause sorrow of heart to such as will break Covenant againe v. 25 he sayes I will send a sword that shall avenge the quarrell of my Covenant Yea perjury occasioned the ruine destruction of the Kingdome of Iudah for Zedekah the last King thereof was perjured therefore was pursued by God sold into the hands of the Caldeans So did it occasion the ruine of the Kingdom of Israel for Hoshea the last King of that state was a Covenant breaker also 2. King 17 3 4. He became a servant to Salmaneser King of Assiria gave him presents yet thereafter he dealt falsly for the King of Aâ—…ria found a conspiracy in him he his people in the ninth yeer of his reigne were carryed away to Assyria so both those Kingdomes of Israel Iudah were ruined brought to an end by the perjurie of these two last Kings So likewise the rites used at making of Covenants mentioned in scripture as the passing betwixt the parts of the cutted calfe Ier. 34 18. Gen. 15 17. say that they wished so looked for the like dissection to the breaker of the Covenant As thus it is seen out of the scriptures of truth how certanely sore judgments have followed will follow that sin of perfidie So Prophane histories abound with instances of God's pursueing this sin with sad fearfull judgments And Florus sayeth Lib. 51 52. That perfidie occasioned the destruction of the famous citie of Carthage which did strive with Rome it self in poynt of grandour as also that it occasioned the destruction of Corinth of Thebas of Chalcâ—…s three famous cities of Greece Hanniball was notoriously persidious as Liv. sayeth Lib. 39. he gote a meeting For though he had fled to prusiae for his life sheltered himself in a house having seven entries some of them under the ground yet he could not escape but seeing himself ready to be taken he drank the poyson which he had prepared so ended his dayes So is it reported of Virius Campanus the senator Twenty seven others who having broken Covenant did expect no pardon therefore killed themselves Liv. in his 29 30 book sheweth how Syphax King of Numidia through perfidy lost both his Kingdom his life after he had made a league with the Romans he Covenanteth with the Carthaginians their enemies being seduced by the affection of Sophonisba daughter to Asdrubal so went with them to battell against Scipio being taken prisoner by Scipio he confessed he had done madly in waging warre against the Romans had broken Covenant by this meanes his Kingdom came under the power of the Romans So Liv. sheweth lib. 21 Carthaginians were overcome by the Romans after they had basely broken Covenant which Asdrubal in their name made with the Romans had been observed all his dayes And of this victory obtained by the Romans Haâ—…no 〈◊〉 Carthaginian hath these expressions Mox Carthaginem â—…um sidebunt Romanae legiones ducibus iisdem dlis per quos priore bells rupta foedera sunt ulti vicerunt â—…rgo dii hominesque id de quo verbis Ambigebatur uter populus foedus rupisseâ—… eventus belli velut 〈◊〉 judex unde jus stabaâ—… â—…i victoriam dedit i. e. The Roman legions shall besiege Carthage having the same Gods to be their leaders who in the laâ—…t warre did avenge a brocken Covenant Gods men did overcome the event of the war as a just judge giving victory to them who had the best right did decide the controversie viz. which of the parties had broken Covenant before Herodotus relateth a storie of one Cydias an inne keeper with whom one Archetimus left some gold to keep till he had returned from doing some businesse When Archetimus required his money againe he denyed that he had it at length the matter is referred to his oath a day is appoynted for that end against which day Cydias prepareth a hollow staffe wherein he putteth all the gold feigneing himself to be sick he taketh the staffe in his hand cometh to the Church where he was to sweare when he cometh thither he giveth Archetimus the staff to hold untill he had given his oath And when he did sweare that he had given backe all the gold which he gote to keâ—…p Archetimus was so offended that he did cast the staffe to the ground in his anger with such force as that thereby it broke in two the gold appeared the deceite of Cydias was discovered Now what came of this Cydias Malum vitae exiâ—…um habuisse dicitur sayeth our Author It was reported he made an ill end The same Herodotus Lib. 6. relateth another storie of one Glaucus in Sparta with whom Milesius left some considerable summe of money when after Milesius's death his Children came to seek the money he denyed that he had any money after they went from him he went consulted the oracle at Delphos there had this oracle as our author rendereth the words of Pythias Ast juramenti sine nomine â—…ilius idem Et manibus p. dibusque carens subito advenit usque Dum omneâ—… corripiat perdens prolemque domumque Oaths have an issue without name Which hath no hands of feet is lame Yet it with force speed doth poste Roots house offspring from their coast Glaucus hearing this gave againe the money yet shortly thereafter he all his familie was utterly extinct And therefore juvenall 〈◊〉 Saâ—…ir 13. closeth this historie thus Has patitur poenas peccandi sola volunt as Nam scelus intra se â—…citum qui cogitat ullum Facti crimen habet Thus was he plagued who never did commit The fact only his will was bent to it For who contriveth evil secretly He of the fact is guilty really Memorable is thehistorie of the persidious dealing which Iohn Husse did meet with as it it recorded by Sleidan in his comment Fol. 43. Edit 1559. who in October An. 1414. Was called by Sigismund unto the Councell at Constance having the publick faith engadged for his securitie or a saife conduct granted to him within three weeks after he came thither was made prisoner with which Sigismund was offended it being done in his absence But being informed how there was no faith to be keeped unto hereticks he not only misregarded the petitions of the Bohemians requesting him to keep his promise but also condemned the said Iohn Husse to be burnt his ashes to be scattered on the river of Rhine Thus did that Emperour make shipewrack of his good name who in another case said facilius rerum quam famae jacturam subibo i. e. I shall lose all before I lose my credite And moreover there was a canon made that no promise should be keeped unto hereticks or to such as were suspected of heresie notwithstanding that the Emperour should engadge his publick faith for their saiftie when called
to any Councell But what followed upon this perfidious dealing When the report of the execution of Iohn Husse Ierome of prague spreadeth thorow Bohemia there ariseth great tumults which draw to a war under the valient renouned Iohannes Zischa which was so bloody cruell that Sigismund was forced to implore help of the Empire Memorable is that passage in the Turk's historie concerning the Covenant betwixt Vladislaus King of Hungary Amurath for Ten yeers peace the consequences of the breach thereof This Vladislaus was moved by great Kings princes as well Mahumetans as Christians also by Iohn Palaeologus of Constantinople by Francis the Cardinall of florence generall of the Christian fleet who shewed him how low Amurath was brought what faire advantages the Christians had Especially by Iulian the Cardinall who had a long speach to this end pressing him to break that Covenant having ended his discourse in name of the Pope he disannulled the league absolved Vladislus all whom it might concerne Whereupon the war was renewed against the Turks when battell was joyned near to Varna the victory began to incline to the Christians so that Amurath was thinking to flee but was stayed by a privat souldier when he saw the great slaughter of his men beholding the picture of a crucifix in the displayed banner of the Christians he plucked the paper out of his bosome which did containe the late league holding it up in his hand with his eyes cast up to heaven said Behold thou crucified Christ this is the league which thy Christians in thy name made with me Which they have without cause violated Now if thou be a God as they say thou art and as we dreame revenge the wrong now done unto thy name and me and shew thy power upon thy perjurious people who in deeds deny thee their God A little thereafter Vladislaus is killed his head is stuck up upon the poynt of a speare his army is broken Iulian the Cardinall is found mortally wounded by the way side in a desert Scarce the third part of the Christian army escapeth And long after this the warre with the Turks had very ill successe It is reported of Rodolphus duke of Suevia that being instigated by the Pope he waged ware against Henry the 4th Emperour of Germany contrary to his oath having a crown senâ—… to him with this Motto Petradedit Petro Petrus diadema Rodolpho The rock gave 't Peter Peter so On Rodolph doth this crowne bestow But in fight Rodolphus lost his right hand falling sick he called for it said â—…ehold this my right haâ—…d which hath suffered a just judgment which through your Importunity contrary to all equity broke that oath which was given to Henry my Lord and master Fuller in his history of the holy war speaking of the causes of the many losses which the Christians had in that undertaking sayeth How could saiftie it self save this people 〈◊〉 blesse this project so blackly blasted with perjurie a sin so repugnant to morall honesty so injurious to the peace quiet of the world so odious in it self so scandalous to all men to break a league when confirmed by oath the strongest bond of conscience the end of particular strife the souldier of publick peace the assurance of amity betwixt diverse nations is a sin so hainous that God cannot but most severely punish it no wonder then that the Christians had no longer abideing in the holy hill of Palestine driveing that trade wherewith none ever yet thrived the breaking of promises wherewith one may for a while fairely spread his traine but will melt his feathers soon after The fabrick must needs come tumbling down whose foundation is laid in perjury In the history of Scotland there are severall memorable passages to this purpose When Durstus the eleventh King was pursued by the Nobles for his wickednesse had promised to amend his manners He did solemnely swear to passe in oblivion all by-gones but thereafter he treacherously killed the nobles at a feast unto which he had invited them But what followed upon this The body of the Land rose up in armes against him he was killed in battell Thus did God pursue him for his perfidy It is recorded by Buchan on the life of Gregorius that the Britans after they had made a peace with the Scots did break their Covenant invaded the Scots But divine vengeance pursued them for this for they were broken defate by Gregory at Lâ—…maban their King Constantin was killed Memorable is that story of Balliol who to get the Kingdom promised swore subjection unto the King of England thereafter having received some â—…ussle at the court of England for being accused by one McDuff he was constrained to stand at the barr there to defend himself he reneweth the old league with France casteth off England contrare to his oath alledging that he was forced to give that oath that albeit he had done it willingly it could not stand because he had not the consent of Parliament without whose consent the King might do nothing in matters belonging to the whole Kingdom But these shifts could not clear him from perjury nor free the land from wrath because of that sin for war was raised at Berwick above 7000 of the Scots were killed even the floure of the nobility of Lothian â—…ife The castles of Dumbar Sterline Edinbrugh were taken Balliol himself was at length apprehended sent prisoner to London all the nobles were called by King Edward to Berâ—…ick there were forced to swear subjection to him And thus was the Kingdom keeped at under a long time by the Englishes save what liberty was obtained by renowned Sr William Wallace but this did not last long for Scotland was againe subdued King Edward called a Parliament at St Andrews where againe all the nobles except Sr William Wallace did swear alleagiance unto him this was the sad fruite of perjury which made the land mourn many a day When Cumin Bruce made a compact together at London for to endeavour the liberating delivering of the Kingdom out of the hands of the Englishes had given an oath of secrecy faithfulnesse to other Cumin perfidiously did reveal the matter unto King Edward but for his treacherie God pursueth him for ere long he is killed by Bruce in the Church of Drumfries About the year 1447. England breaketh their promise of truce unto Scotland useth some incursions to spoile Scotland But being payed home by the Scots it draweth to a warre on the south borders there England is foiled looseth 3000 beside many prisoners the Scots obtaine a great booty for the English did certanely expect the victory therefore came forth more for pompe glory then for fighting About the year 1535 the King of England sent to Scotland to commune with the King about some
quod sicri non debuit factum valet nor knowing well how to guaird against this deceit which he hideth with a multitude of words his challenges must be answered All which he sayeth on this head is some thing to these three particulars 1. The want of authority in the imposeing 2. The generality of the termes in which it is conceived 3. Some incongruitie in the 3d article The summe of what he sayeth unto the first of these is this To carry on a publick oath without the soveraigne power is without any example among jewes or Christians It is a speciall royalty of the King to have power of imposeing an oath on all his subjects especially where the oath hath a direct aime for raiseing armes Such leagues are inhibited by the lawes of the land Ia. 6â—… Parl. 10. Act. 12. Mary Parl. 9. Act. 75. Now this Covenant was carryed on in England by a meeting of Parliament excludeing one of the Estates and in Scotland by a committee of Estates Ans. what if all this be granted Will it therefore follow that the obligation of the Covenant is loosed Nay himself dar not say so for he addeth Now although this could not nullify the obligation of the Covenant were the matter of it undoubtedly lawfull and otherwise still obligeing yet it were well if unlawfulnesse in regaird of this defect were acknowledged So that all which he would have of the Covenanters now for proof of their sincerity is that they would give as publick testimony against the sinfull way of entering into that bonde as against that siâ—… as they suppose of breaking it But what would this advantage his cause And seeing he saw that it would not advantage his cause why did he spend time paines in vaine He is at a weak passe now when he can bring no arguments but such as himself must needs answere discover the weaknesse of But it is like out of a desire to have it going well with the Covenanters he would have them repenting of the misse which was made But by his favour they must first be convinced of the errour ere they can say that they have erred and ere they be convinced of an errour in that Particular they must see more cogent arguments then any which he hath yet brought For as for that committee of Estates which he sayeth did carry on that Covenant in Scotland it had power for that effect from the convention of Estates their deed was approven in all poynts by the next meeting of Parliament Anno 1644. the lawfulnesse of which convention Parliament hath been shown above and as for the Parliament of England Mr Croften Timorcus have sufficiently spoken to that and as for Scotlands entering into a league with England without the King's consent it hath been vindicated before So hath it been showne how the Parliaments of Scotland do partake of the soveraignity with the King and have power of warre so all which he here sayeth is answered already Only because he desireth some examples of the like among Iewes or Christians though there be no great necessity for this businesse yet some few instances shall be brought first among the Iewes there are two eminent examples one in the dayes of Asa King of Iuda 2. Chron. 15. where many strangers of Ephraim manassâ—…h Simeon fell to Asa out of Israel in abundance when they saw that the Lord his God was with him v. 9. And entered into a Covenant to seek the Lord God of their fathers with great solemnity v. 12 14. that without the consent of their own King Another in the dayes of Hezekiah when he came to the throne which was in the third yeer of Hoshea King of Israel 2. King 18 1. In the first year of his reigne 2. Chron. 29. 3. this was six yeers before the Kingdome of Israel was wasted destroyed by Salmanassâ—…r King of Assyria 2. King 17 6. beginneth a work of reformation said it was was in his heart to maâ—…e a Covenant with the Lord God of Israel 2 Chron 29 10. And he sent to Israell writting letters to Ephraim Manasseh desireing them to come up to the house of the Lord accordingly diverse of Asher Manasseh Zebulon 2. Chron. 30 1 11. joyned with him in that Covenanted work of reformation here are some of the subjects of Basha Hoshea without their consent or approbation joyning in a Covenant or bond with another King Kingdom which would seem more treasonable like then for the subjects of one King to joyn together in Covenant for the good of King Kingdome to carry on a work of reformation no doubt this advocat darre not condemne this deed of those subjects of Hoshea or Basha As for such Covenants among Christians instances in abundance may be given some have already been named as that betwixt the first reformers of Scotland the Queen of England these in France Germany the Low countreyes Helvetia piemont c. so a few moe shall suffice If he had read the History of the reformation of the Church of Scotland he had seen there severall examples of Covenants entered into by Christians without the consent of the supreme Magistrat viz. one Anno 1557 subscribed by Argile Glencarne Morton Lorn others Another at Perth Anno 1559. subscribed by Argile Iohn Stuart Glencarn Boid Vchiltree c. A third at Sterlin that same yeer subscribed by many A fourth at Leth Anno 1560. subscribed by all the nobilite barons gentlemen others professing Christ Iesus in Scotland a fift at Aire Anno 1562. subscribed by severall noblemen gentlemen In Sleidan's commentaries Lib 7. Anno 1529. there is a Covenant betwixt the city Strausbrugh which was under the command jurisdiction of the Emperour three of the cities of Helvetia viz. Tigurum Berna Basil about assisting deseâ—…ding one another in the cause of religion this was without the consent approbation of the emperour as appeareth by the letter written to Strausbrugh from the dyet of the Empire againe An. 1530. there was a Covenant betwixt the Laâ—…dgrave of Hesse those three cities Tigur or Zurich Basil Strausburg anent mutuall defencein the cause of religion That same yeer the protestants meet at Smalcald draw up a Covenant for mutuall defence in religion it was subscribed by Albert Gebert of Mansfeldt by the cities of Magdeburgh Breme Sleidan sheweth also lib. 19. That in February 1547. the nobles of Boheme meeting at Prague entered into a Covenant among themselves for the defence of their liberty whether Ferdinand would or not The second particular is about the generality of the termes wherein the Covenant is expressed The summe of what he sayeth here is this The Covenant was purposely framed in generall and homonymous termes that all the sects might lurck under it And so the Sectarian army when they invaded Scotland did pretend the
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
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
scruple now at the taking of that oath let wise men judge Next as to the rise of this power over the Church the occasion of this oath in Scotland seing it may sufficiently be gathered from the short historical narration of the government of the Church set down Sect. 1. a short recapitulation will be sufficient here In the confession of faith which was ratified approved by the Parliament Anno 1560. againe ratified insert in the records Anno 1567 cap. 25. the power in Church matters which is there given unto the civil Magistrat is in these words That to them chiefly and most principally appertaineth the conservation purgation of religion and they are appoynted for the maintenance of the true religion and for suppressing of idolaâ—…ry and superstition in that same Parl. An. 1567 Act 2. there is an act which was made Anno 1560. ratified ordaineing that the â—…ishop of Rome called the Pope have no jurisdiction or authority within this realme and that none of his Maj. subjects suite or desire title or right of the said Bishop of Rome or his sect to any thing within his realme under the paine of banishment c. and that no Bishop use any jurisdiction in time coming by the said Bishop of Romes authority under the paine forsaid whereby the Popes authority was quite rejected not only in civil matters but in Church matters yet there is no expresse word of the Kings being invested with any such power Anno 1568. There was one Thomas Bassenden Printer in Edinburgh who did printe a book intituled the fall of the Roman Church and in that book the King was called the supreme head of the Church This gave great offence moved the generall assembly to cause call in these books to delete that title of the Kings But all this did not preserve the Church from incroachments for when Montgom pretended Archb. of Glasgow was proceeded against the king summoned the whole synod of Lothian before him afterward when this same Mr Montgomery was summoned before the Nationall Assembly there came a Messinger of armes from his Maj. to discharge the Assembly under the paine of rebellion of puting of them to the horne to proceed any furder whereupon the assembly did complaine of this incroachment April 27 Anno 1580. as such the like whereof had never been made before But this availed not for Mr Balcanquell Mr Dury were summoned before the Councell for some freedome which they had used in preaching Of this the Assembly did complaine againe which occasioned a conference betwixt the King some Ministers the result whereof was That in all time coming the tryal of Ministers doctrine should be referred to Church Iudicatories as the only competent Iudge But this was soon forgotten for Anno 1581. Mr Balcanquell was againe accused the privileges of the Church were incroached upon which did put the Church to supplicat Anno 1582. complaine that His Maj. by advice of some consellours was about to take the spirituall Power authority upon himself propperly belonging unto Christ as the King head of his church of the ministery the execution thereof unto such as bear office in ecclesiasticall government so that in his person some men presse to erect a new Popedome as if his Maj. could not be full King head of the commonwealth unlesse the spirituall as well as the temporall power should be put into his hand unlesse Christ be bereft of his authority the two jurisdictions confounded which God hath divided which tendeth directly to the wrecke of all true relig it their next assembly there was an article drawn up to be presented unto his Maj. to this affect That seing the jurisdiction of the Church was granted by God the Father through our Mediator JESUS CHRIST given to those only who by preaching overseeing bear office within the same to be exercised not by the injunctions of men but by the only rule of God's Word That an Act of Parliament concerning the liberty jurisdiction of the Church be so plainely declared that hereafter none other under whatsoever pretence have any colour to ascribe or take upon them any part thereof in placeing or displaceing of Ministers of God's Word in spirituall livings or offices without the Churches admission or in stopping the mouthes of preachers or taking upon them the judgment or tryall of doctrine or of hindering or disannulling the censures of the Church or exeeming any offendour there from By the endeavours of these faithfull worthies any may see what a Spirit was stirring then when the King would assume to himself spirituall power authority so rob Christ of that which belongeth to him as King head of the Church make himself a Pope the fountaine of all power jurisdiction both civill ecclesiastick challenge power to give commission for deposeing ordaineing of Ministers hinder free preaching to try censure doctrine to anull all Church censures as he pleased This was the Spirit that was then stirring at court this is the supremacy to the life this was it which court parasites said did belong unto the crown let the Church say do to the contrary what she could Hence a little after this Mr Melvin was accused for his sermon after he had declined the King his Councell as incompetent judges in that cause was forced to withdraw to Berwick for fear of his life Anno 1584. The Parliament which was suddainely convocated did put the copestone upon this bussinesse gave the King in forme what he had assumed to himself formerly upon the matter in their very first Act give him Royal power and authority over all Estates as well spiritual as temporal within the realme And Statute and ordaine that he and his heires or successours be themselves and their Councels in all time coming judges competent to all persones of whatsoever Estate degree function 〈◊〉 condition they be of spiritual or temporal in all matters that none decline their judgement in the premisses under the paine of treason From this supremacy flowed the impowering of Bishops with Church jurisdiction as commissioners from the King so that when the King wrote unto a Prelat he stilled him Our beloved Clerck Commissioner in Ecclesiastical causes So that by this supremacy the power of Church jurisdiction was made propper to the King the exercise thereof was committed by him to whom he would After this blast was something blown over Anno 1592. Papists others at court stirr up his Maj. against the government of the Church so that when the commissioners of the Generall Assembly had met had sent some of their number to shew the King what offence was taken at his calling home the Popish Lords he was offended asked how they durst meet without his warrâ—…nd But Mr Andrew Melvin answered That there were two Kings two