appointed to try what they know against the next Court day when no proofe can be had and all the presumptions doe not fasten guiltinesse upon the accused and the Imprisonment and other hard usages cannot extort a confession they are dismissed But an act is enacted that if those two persons suspected of fornication or adultery shall be seen to meet or be in company together except they meet in Church or Market it shall be holden pro confesso as confessed that they are guilty of what they are charged with Nay sometimes the parties although innocent and no reall evidence being produced against them are brought on the Lord's day publiquely to the midle of the Church before the Pulpit to declare sometimes to confirme their Declaration by an Oath that they are innocent and free of that crime wherewith they are charged And sometimes they are forced to make their publique Repentance in the Church upon a Pillarie for their unchristian behaviour because that although the parties charged be free yet their conversation hath been suspitious and scandalous A whole Volume might be written of young women by these courses disgraced and defamed of many Families divided and scattered whereas before there was no jealousie betwixt the man and the wife This Iudicatorie of the Presbytery is so high and of so vast a latitude that as the Pope bringeth in all civill causes to himselfe as a competent Iudge sub formalitate peccati so this Papall Conclave bringeth any thing howsoever meerly and purely civill under it's lash sub formalitate scandali as scandalous to a Christian profession It is not forgotten by many yet living how the Presbytery of Edenburgh attempted to censure Ecclesiastically the Merchants there for carrying Wheat to Spaine in time of a Famine or dearth there for this was to feed and maintaine God's enemies But above all that was a piaculum an almost inexpiable sinne to transport waxe to Spaine for this was to be accessory to Idolatry in respect the greatest part of this waxe was employed in making Tapers and Candles to the Virgin Mary and other Saints In S. Andrewes I. T. was endebted to P. T. a considerable summe of money the greatest part of his stock I. T. delaying or shuffling or not able to pay P. T. at the day of payment designed in the Bond P. T. obtained before the Lords of Session a Iudgement against I. T. with power to demand payment in the King's Name and upon disobedience to be out lawed and fall into a Praemunire or escheating of his moveable goods and Chattells I. T. bemoanes himselfe to the Presbyterie The Presbyterie convents P. T. before them threatens him with Excommunication if he did persist to put in Execution the Iudgement of the highest Iudicatorie in the Kingdom and for feare of this dreadfull Court and horrid sentence he passes from his pursuit continueth the demanding of repaying of his money You see here what power this Presbytery hath over all and the highest of civill Iudicatories Infinite instances of this kind may be produced give me leave to adde one of a higher straine The City of Edenburgh by the Kings of Scotland amongst other favours and priviledges hath a Royall grant of a weekly Market day on Monday This Grant is confirmed by Letters Patents under the great Seale and by the standing Lawes of the Kingdome The Presbyterie here by their transcendent sole authority discharged any Market to be kept on Monday the reason was because it occasioned the travelling of men and horse the Lord's day before which profaned the Sabboth If the Tradesmen who found at home what losse they had by wanting their Market had not with force and violence opposed their Soveraignty and made them forsake it it was like enough to have passed and obtained longer The most active in this case were the Shooe-makers who were most prejudiced by the discharge of the Monday market They threatned the Ministerie Right down that if they persisted in that course they would thrust them out of the gates of the City which threats restored the Monday's market When King Iames that miracle of piety learning and Royall prudence heard of this he with uncovered head and lifted up hands said to this or much about this sense I thank God the Shooe-makers have more power to represse the insolency and violence of the Presbyterie than I and my councell both It is knowne to many yet living that they have cited before them Noble men and Gentlemen of good qualitie who had intended civill actions against their owne Tenants before the ordinary Iudge and discharged them to prosecute them any further under the paine of Ecclesiasticall censures This was in re civili in a civill businesse but modus considerandi as they took notice of it it was spirituall And why because the holy Brethren pretended this did withdraw People from their lawfull vocations bred strifes and contention amongst Brethren and did hinder the progresse of the Gospell As the particular Ministers of individuall Parishes are under them so they find the tyranny of their Archisynagogâ— their prime leading Ministers in that measure that their little finger is heavier then a Bishop's whole hand and loynes Bishops are like to a paternall Government chastising with Roddes but the Presbyterians scourge them with Scorpions any Lord Knight or Esquire who is cunning and can by faire carriage or otherwise gaine favour or credit with some few Patriarchall Presbyters he is able at pleasure to turne out an honest man who perhaps is too free in rebuking the Gentleman for his sinnes or cannot or will not condescend to grant his unlawfull and unjust demands and to bring in one to his owne fansie and humor with whom and by whom he is able to worke and effectuate his owne bad intendments This holy Sanhedrim although the Parochiall Minister for Intellectuall abilities be sufficiently enabled and for morall Integrity be blamelesse yet they will find it fit he be transplanted from that Church because the Congregation is not edified by him at a visitation the Landlord is able to make all say and witnes they are not edified by him or if a Presbyter who hath more power with the dominus Moderator and his assistants being in a Parish of a small stipend and espying somewhere a better Parish and an honest man in it but not so much respected by the high Priests of the Sanhedrim he will turne him out by the Presbytery enter the charge and reape the benefit of a better Parish and place the other it may be and often proves so the better and worthier man in another Parish of lesse worth and deterior his condition There needs no other reason for this but that this sacred Consistorie directed and assisted with infallibility doe find it e Re Ecclesiae that it is for God's glory and the good of the Church I might instance a world of these Examples onely let me tell you one of the Presbytery
After the arising of the commotion to prevent more tumult and danger and when Service and Sermon were done the Bishops Major and Aldermen going home with the Lord Chancellor and some BB. attending his Grace the Bishop and Deane of Edenburgh with others were well nigh stoned in the streets when I say it was demanded of these Apostles why they did not condemne this unchristian Barbarous outrage voyd of Pietie and Reason and without any example in the Christian Church the summe of their answer was and to this day is that such a zealous people were to be left to their own warrand they knew not by what Spirit they were governed God worketh great workes many times by basest means and yet those Nobles those zealous those intelligent and knowing Christians whereof many of them in Edenburgh were knowne Coale-stealers and Whores were the first active instruments in this glorious reformation I confesse this Divinity is so transcendent and Metaphysicall that it exceeds my capacity and is so fruitfull upon any occasion to work all or the greatest of mischiefes that I doe not see how it can consist with peace or safety of King Kingdome Church or of any entrusted with greatest trust in Church or State Sir I believe any rationall man may see by this how superlatively this spirituall Signorie is above King and Royall Soveraignty I leave it to your own judgement and memory to recollect it and to bring home the conclusion that this government Ecclesiasticall is inconsistent with Monarchie with the Peace of a Kingdome and is or may be in time a Mother and Nurse of as much Rebellion and Treason as any Iesuitisme of the Highest dye if not more Certainly Rome although a Whore and hath a cup of abomination in her hand is not so bad nor so abominable I pray God to keep all good Christians cleane of both Let us goe on In Faith Worship and all spirituall things they vindicate to themselves such a Soveraignty that King Councell Parliament nay all together must not touch the Scepter of Christ they are to determine define take cognisance accuse sentence punish neither King nor King and Councell nor King and Parliament all must assume power here for otherwise it is to intrude upon Christ and his Right This Soveraignty is of so high a straine so large an extent that when they have decreed any thing in this supream infallible Iudicatorie that they may have the better obedience to demand the King and Parliament's approbation This is not demanded as a thing arbitrary which the King and Parliament may doe or not doe or leaving it to His Royall judgement with the advice of His Parliament to qualify or rectify their decrees and orders No no truly that is to betray the trust Christ hath given them they need not supplicate or Petition for it it is in them but an act of courtesie to shew dutifull obedience And if the King and Parliament will not grant it they are armed with as much power from Heaven as to force them to doe it by Excommunication and making all good Christians joyne with them in God's cause Sir I feare you think I speake Liberally God forbid I should doe it I doubt not but you have read the Scotish Pope's Sermon Preached at Westminster and Printed by Order of the House since you have it I will not spend time and Paper to cite his Words which giveth to the King no more But to make this appeare I give you some unanswerable reasons 1. It is certain in Scotland M. Knox and his complices set on their reformation without the Queen or Queen Regents authority or the authority of Parliament For anno 1558. they made their confederacy gave out their Orders for Reformation throughout the whole Kingdome anno 1559. they acted their Reformation by casting downe Churches Abbyes c. casting out Priests Friers c. and all this by their owne radicall and originall power Queen Mary their true and lawfull Soveraigne did authorize them in nothing she was then in France The Queen Dowager Queen Regent King Iames the fifth's Widdow having the Soveraignty by fiduciary trust in regard of the absence of the Queen her daughter did not authorize it nay she did by her authority oppose it contradict it came in Armes against it The Parliament was not till the yeare 1560. how holden for the present I cannot tell but in that Parliament they set out a confession of faith reformed Religion but when they sent to King and Queen beyond Seas Queen Mary was then Married to Francis the second in France to confirme or ratifie the acts thereof they denied When intelligence was given to the Confederates they professed they little regarded the deniall of King and Queene for say they Knox Hist. pag. 500. all we did was rather to shew our dutifull obedience then to begge of them any strength to our Religion Another in this kind you have In Anno 1571. King Iames then being King and the Earle of Marre being Regent an Assembly was holden at Leith where by the Order of the Assembly and Ordinance of the Regent and Councell some Commissioners were appointed from the Regent and Councell and some from the generall Assembly to condescend upon a platforme of discipline which was agreed to on both sides The platforme is that the Government of the Church shall be by Archbishops Bishops Deanes and Chapters c. the order and course of all their Nomination Election c. is just conforme to this in England at this day and as it was in Scotland before this new happy Reformation This was enrolled in the Councell Books of that Kingdom and stands there to this day this I know certainly and if I be not deceived and almost I dare say it except they have wronged their most famous and their most ancient Councells the platforme is upon Record in the Generall Assembly Books Give me leave to tell you by the way one thing that the Negative Faith which is sine rugâ sine maculâ was framed anno 1580. and it is believed that in that Negative faith Episcopacy is abjured as Antichristian yet anno 1581. this same Government is renewed ratified and ordained to continue constant and not to be changed till His Majesty come to perfect age and to be kept or changed then onely in what He and His great Councell the Parliament shall think fit and not otherwise Before this the King His Houshold and Councell had subscribed the Negative Faith can any man not voyd of judgement and discretion think that the King His Houshold and Councell in subscribing it did judge Episcopacy Popish and Antichristian Next it is worth your notice taking that as I honour the good parts which were in Knox and his fellow-labourers I never accounted them as Apostles men secured from error yet I will say so much for their justification that they were greater Enemies to Sacriledge than their after-disciples and were not against the
order to Prorogate it to another and longer day which was accordingly done by publike Proclamation authorized by His Honourable Privy Councell of that Kingdom Notwithstanding all which some Thirteen or Fourteen Godly zealous brethren must needs meet at Aberdine at the day appoynted for the Assembly They established and formalized the Iudicatorie by constituting a Moderator a Clerk and other essentiall Members of the Court The Lords of Councell understanding this contempt sent a Gentleman of good qualitie and place with an Herault at Armes to discharge and dissolve the Holy meeting The Commissioner and Herault were entertained with as much respect as before they had given reverence to the Proclamation issued out by the Soveraigne authoritie of the King with the advice of His Honourable Privy-Councell The Holy Fathers in the great Sanhedrim protested and professed that in Conscience and Duty to Almighty God they were bound to preserve the Churches right and could not would not give way to that power the King Sacrilegiously usurped which properly and natively belonged to the Church virtuall the Assembly They kept and continued the Assembly some dayes and finding that no more of the holy Brotherhood came to joyne with them they dissolved and to preserve the holy right of the Church appoynted the time and place of meeting for the next Assembly The King hearing this gave order to His Privy-Councell to cite convent them before them and to punish this High contempt The more zealous Champions of the Lord of Hostes appeared and with an undaunted courage gave in to the Lords of Councell a Protestation a Declinator from the Kings Councell and appealed to the next Generall Assembly as the sole and competent judge in this case and cause The Kings Atturney or Advocate by order from the Councell-Table was ordained to pursue them criminally before the Lord Iustice Generall and that upon the Act of Parliament mentioned before Anno 1584. upon which Order the one halfe confessed their fault and easily made their Peace and obtained pardon The zelots were convicted of Treason ad Terrorem exemplum more then for any other end or respect and only banished the Kingdom Of whom the most part thereafter upon their confession and submission were pardoned came home lived and enjoyed their own or at least as good if not better Benefices Sir are these things consistent with Monarchie or the obedience is due to Soveraignty and its Highest Courts So absolute and uncontroleable is this High Celestiall Court that it commandeth Conscience and Soule disposeth of body and estate in the poynt of Religion that if you conforme not in all neither Soule nor Body nor Estate can be in Peace nay no toleration can be allowed where this soveraignty domineereth And to make this power of the larger extent it is certain their faith and things necessary to Salvation are of greater latitude then that of the Councell of Trent If any doth not after a little time granted for information conforme and subscribe to their confession of Faith which is more in negatives and destructives then affirmatives and positives their rule of government their manner of Worship and what else in their opinion is necessary to Salvation and in this I am sure they are more rigorous then ever God or Catholike Church was for if you dissent but from them in a Theologicall tenet it is Heresie you are forthwith excommunicated and given over to the Divell after which upon the remonstrance of a Commissioner from the Presbyterie to the Civill Iudge there is a warrant from Supream authority given out to command you to conforme this is different from the Writ De excommunicato capiendo or then within few dayes to be put to the horne that is outlawed Vpon disobedience the tender conscience not conforming the outlawed's estate moveable Chattells we call it become proper to the King God knoweth little of this benefit commeth to the King's Thesaurer but a Donater to the escheit which ordinarily is the Convicted's mortall Enemy for a little composition hath the right made over and hath the benefit of the escheit If within yeare and day he give not obedience and conformity His whole Revenues and Rents of immoveable goods forfeit to the King during his life time Some Enemy of His or Favourite of the Thesaurer's obtaineth the King's Right and the King hath little or nothing of it Here you have him stript of all his Estate moveable immoveable Yet here is not an end but still upon Remonstrance of the Presbyteries or Church's Commissioner another writ goeth out which they call Letters of Caption that is if I mistake not the tant'amount of the writ de Excommunicato capiendo which is directed to all Sheriffes Stuards Provosts Bailies c. to seize secure his Person wheresoever it may be apprehended and to commit him to close Prison as a Rebell If he skulk and hide himselfe then upon the same Remonstrance goeth out a writ which there they call Letters of Intercommuning I know no thing in the Law like this the intent is that none of the Kings Subjects commune or conferre with him coram or personally or by Letter or interposed Person keep intelligence or correspondence with him otherwise the intercommuner is to be judged and reputed to be a Rebell of the same guiltinesse You will be pleased to remember this when the Church requireth all these of the civill Magistrate so they are pleased to terme Soveraignty he is bound to grant them Now Sir I pray you consider if this is not in many respects worse then the Inquisition when an opinion in a Theologicall tenet different from the assured faith of those Gamaliels may bring a man unto all those troubles Onely to make amendes for this remember this authoritative way preserveth a Church from Haeresie Error Superstition and Schisme There is another practice of the power of this Court that for the glory of God the honour of the King the good and preservation of Church and Religion it may assume to it selfe to be Iudge of what is Treason what is not who are fit Councellors for a King who not Practice is the most sure infallible and clear proofe and demonstration of power I will give you one in the case of Treason that none dare to say it is a Lye and which can be made good by the authentick and publique Records of Parliament and Councell of Scotland and their owne Noble acts of generall Assembly When King Iames about the age of Iosias when in holy writ it is recorded of him that he began to seeke the Lord with all his heart had taken the Government of the Kingdome in his owne hand and did Reigne and Rule with such prudence incomparable admirable that none could justly except against Him or His Government yet such was the restlesse ambition of some who could not with patience endure the trust of others especially of that Noble worthy Esme Duke of Lennox His Majesties nearest Kinsman
too To confirme this fearing I have wearied you I will bring but one instance and spare to trouble you with more This Story can be made good by Records which I am to tell you And first give me leave to informe you That the Lords of Session who by Act of Parliament are so are in all Civill causes the Supreame Iudicatorie of the Kingdome under the King No Iudgement passed there can be rectified or reduced by any Iudicatorie under the King and Parliament but by themselves which is onely by suspension of Execution of that is judged and decreed or by action of Reduction This is nothing but provocatio a Philippo malè edocto ad Philippum rectiùs edoctum This thus premised I come home Mr Iohn Graham one of the Iudges of that associate body had commenced an ordinary and proper suit before the Lords of Session obtained Decree and Iudgement according to his Libell After which a rumour was noysed abroad that the Writs and Evidences upon which his suit and the judgement upon it were founded were forged and false The generall Assembly took notice of this injust decree as they to whom the inspection of Religion and Iustice belongeth and who were bound not to suffer such an unjust judgement to take place and be executed They send for M. Iohn Graham commanding him by their authority to passe from his decree to make no use of it against the Party against whom it was obtained and that because it was purchased upon false grounds and it gave occasion of great scandall that he being a Iudge should make use of such writs His answer was if any would challenge his Decree or Iudgement upon any just ground he might have his recourse to the ordinary Iudge and take it away by way of reduction but so long as it was not reduced it concerned him to take the benefit of it Then seeing that they could not prevaile by admonition they threatned him with Excommunication if he did not what they enjoyned He appeales from them to the Lords of Session as the onely Competent Iudges in such cases notwithstanding they resolve to proceed against him The Lords of Session finding themselves interessed and the Assembly usurping upon them and their power in this proceeding against one of their owne number who had appealed to them in a civill cause already judged by them directed some of their number to the Assembly and desired them not to meddle any more in that businesse as being meerly civill and no wayes belonging to their jurisdiction This produced no other effect but incensed the holy Fathers to raile against the Iudges as wicked and corrupt men who sided one with another whether it were right or wrong The businesse at last came to this height that the Lords of Session who would not suffer them to encroach upon their Priviledges by vertue of that delegate power and authority they were invested with from the King threatned to out-law them and to proclaime them Rebells to the King if they proceeded any further and would not admit of the appeale The Assembly finding themselves too weake and not able to make their part good by power in which case onely they will be Martyrs fell from the pursuit and all was quieted Sir I pray you to consider in what condition are they that live under such a government that is boundlesse and universall will give Lawes to King Councell and Parliament Repeale theirs at pleasures reduce and make voyd Decrees and judgement of Highest Iudicatories c. What Peace or Tranquillity can there be in such a State or Kingdom Give me leave to tell you a true story It is known and lamented by all good men this day how King Iames His Soule was vexed with them that many times they have made Him fall out in teares A Noble man a most wise man then Chancellor seeing the King extreamly troubled at the miscarriage of the Ministerie said to Him Sir no man is to be blamed that you are so much troubled with the Ministers as yourselfe for when they doe any thing amisse you never cease till by Your Royall prudence and authority you set it aright againe but would you leave them to themselves the very body of the People would rise up against them and stone them out of the Kingdome His Majesty returned a most pious answer worthie to be written in letters of Gold in Marble that all Kings may learne it My Lord saith He your advice is shrewd Policie but your Counsell is not good piety If I had no more to doe but to serve my selfe of them for a Politick end your advice is good and I know it would prove so But God hath appoynted me a Nurse or Father of his Church it is my charge from my Lord and Master to preserve his Church and not to ruinate it Which if I doe God will ruinate me and my posterity King Iames in the Conference at Hampton Court hath well observed that this Ecclesiasticall Government prepareth way and ushereth in a Democraticall government And he telleth also that in His Mother Queen Maries absence and in his own Minority and non-age it was much thought upon and intended Their Maxims of Divinity lead to it for they say Respublica est in Ecclesiâ The Church and her Policy are the House the Civill government is but the Hangings which necessarily for decency and good order must be made conformable to the House Monarchy is enmity against the Church Catherwood in his book entitled Altare Damascenum gives you it in down right termes Naturâ insitum est omnibus Regibus in Christum odium and in his Preface or Epistle I have not the book by me he calls K. Iames Infensâ—ssimum infestissimum purioris Religionis hostem And that they may now exercise all their power and bring the Kingdom to a Popular State which was not so feisable before it is more then probable and much to be feared and with great prudence to be prevented because the Generall Assembly hath in it now the prime Noble men of the Kingdom Dukes Marquesses Earles Lords the most active and knowing Knights of Counties and Esquires the wisest Citizens and Corporations and this in the Capacity of Ruling-Elders who discontented are able here to make a Faction call King Session Councell or whom they please before them because of their supreame universall and independent jurisdiction And this Iudicatorie cannot erre in its determinations for it is undoubtedly secured from error and assisted with infallibility This divine policy hath another sacred trick to preserve its Soveraignty and to continue it which is this The Generall Assembly ordinarily meets but once a year yet at the end and close of every Generall Assembly there is a choice made of some Commissioners a Committee who are to reside or at least upon any necessary occasion to be at Edenburgh These are the virtuall Assembly and their power continueth till the next Generall Assembly They are in
AN ANSWER BY LETTER TO A WORTHY GENTLEMAN Who desired of a Divine some reasons by which it might appeare how Inconsistent PRESBYTERIALL GOVERNMENT IS WITH MONARCHY In which the Platforme of that Government is briefly delineated with the tenents and suitable practises thereof And withall it is demonstrated that it is inconsistent with any government whatsoever is full of Faction Sedition and Treason an enemy to all Peace Domesticall Neighbourly Brotherly c. against Soveraigne authority authority of all Iudges and Iudicatories entrenching upon all so farre as there can be no liberty of Person Trade Commerce or Propriety but at their pleasure who bear sway therein Printed Anno 1644. Sir YEsterday you desired me to give you some proofes by which it may appeare how inconsistent Presbyteriall Government is with Monarchie You were pleased to tell me that some good and worthy men doe desire to be satisfied in this point It seemeth these men doe not think that Presbyteriall Government is destructive of the true necessary and perpetuall Government of the Church which is Episcopacie instituted by Christ propagated by his Apostles and continued by uninterrupted Practice above 1500 yeares in the Church and to this day retained in the greatest part of the Christian world We deceive our selves to promise or expect to King or Kingdome Prince or Subject Peace and safety or deliverance from our troubles and distresses if we subordinate Fundamentalls in Religion necessary truths of faith worship and government to our publique or private civill good Nor am I able to expresse how high an Impietie it is at this time when God's hand is out against us justly for our sinnes to be so disposed and fixed upon a resolution that to redeem externall Peace we will embrace any Government of the Church provided it be consistent with Monarchy and will not scruple not onely to shake off the true and necessary government instituted by our Lord but by Law endeavor by highest authority to condemne it as Antichristian If this be not to frame mischiefe by a Law I know not what is If this provoke not more wrath more vengeance make not the Land spew us all out I am infinitely deceived We may promise to our selves that by such a course we may say like to the man in the Gospell Soule take thy rest for many dayes but it feareth me the successe and event shall be much like to his case Sir I pray you consider what Peace hath King or Kingdome enjoyed here or in Ireland since Episcopacy in Scotland by Law was damned and the Presbyterian Anarchie the Seminarie of all fude Faction and Rebellion as will appeare by what ensueth by Law and Supreme authority established I cannot dissemble but to a man of your worth and Integritie I must unfold my selfe I admire to see too too many amongst us here where is great plenty of able Gentlemen of excellent learning worth wit and all other perfections endowments as in any Nation besides to be so prepared that they are too too inclinable if not actually resolved to admit and authorize in this Kingdom and Church what they know not and to forsake that happy Native proper government of the Church the sweet fruits of which they have reaped so many yeares to the admiration if not envy of other Kingdomes States and Churches This is Samaritan-like to worship that we know not Or Athenian-like to consecrate an Altar and to sacrifice to an unknowne God Your worth and noble favours oblige me so much to you that I cannot chuse but obey your command And for your satisfaction I present you with a short view as in a Mappe of Presbyteriall Government give you a little touch of their Maximes and suitable Practices and that with as much truth and honesty as your goodnesse expects from me By which it will be more then apparent that Presbyterie as it is at this day somewhere within His Majesties Dominions is not onely inconsistent but also destructive of Monarchie And where it obtaineth it disturbeth the quiet and peace publique and private of King and Kingdome This is that you desire and to satisfie you to this I confine my selfe This Presbyteriall government within it's verge hath foure Iudicatories 1. A Parochiall Session 2. A Presbyteriall Consistorie 3. A Provinciall Synod 4. A Generall Assembly The Parochiall Session moveth in the lowest Sphere The Generall Assembly is the Primum mobile the highest Orbe which carrieth all with it's motion although the rest have their proper and specifick motions The other two are in the middle and interjected Orbes I shall begin at the lowest Iudicatorie and so shall orderly ascend to the Supreams Of the Parochiall Session EVery Parish hath one or more Ministers If more all of them are equall in all honour and jurisdiction onely the Senior hath the precedencie To the Minister or Ministers of each Parish to make up a Session in which is fixed the Parochiall Iurisdiction a competent number of Lay-Elders whom they call presbyteri non docentes and Deacons proportionable to the precinct and extent of the Parish are conjoyned which associate body thus compacted is the Spirituall-Parochiall-Sanhedrim This Session sits once a week or oftner pro re natâ In which all Parochiall cases which concerne externall order and censure are determined and ordered If there be but one Minister in the Parish he is constant Moderator If there be more they moderate by turnes either weekly or monthly as they agree Whatsoever thing is ordered determined or decreed is done by the joynt-consents of the Minister Lay-Elders and Deacons or by the plurality of voyces The Minister who is the Moderator hath no casting no Negative Voyce The power of all Iurisdiction is radically and equally in all for binding for loosing for all censures Ecclesiasticall for orders which concerne externall order and worship So the Power of the Keyes is as much in the Lay-Elders and Deacons as in the Minister or Ministers What sacrilegious intrusion upon sacred Orders this is I need not informe one of your understanding To make this frame good they maintaine that Iure divino there be foure orders of Ecclesiasticall offices allow me to speake in this Epistle all along their dialect or persons 1. Preaching-Elders whom they call Ministers 2. Doctors these are professors in the Chaire such as are in Vniversities 3. Lay or ruling-Elders who now have vocem deliberativam decisivam in rebus fidei Cultûs politiae and in foro exteriori Ecclesiae in censuris Ecclesiasticis are as much interessed and authorized as Preaching-Elders 4. Deacons who have trust of the meanes and monies destinated for pious and charitable uses This is very considerable too that although they hold these foure orders and offices necessary for the Government of Christ's Church de Iure divino by divine Right and Institution yet neither the Parochiall Conclave nor any Presbyteriall Consistory except it be where the
are students in Divinity or Country Schoole-masters or such youths who are bred with some Gamaliel who after that they have given their private trialls by Preaching and dispute are enrolled Expectants of such or such a Presbyterie These must keep their turnes in Exercising and adding as they call it with the actuall Ministers so they call them and once admitted to that Presbyterie may whensoever employed Preach in any Parish Church within the bounds of that Presbyterie doe all Ministeriall acts except Baptize or give the Sacrament of the Lords Supper for ought I know there is no Consecration used by them in that holy action but a meere thanksgiving nay they may be constant helpers and Copreachers with a Rabbie if hee the Parish and Presbytery agree to it I pray you shew me where ever you read of such a profanation that a Lay-man without Orders Imposition of hands shall be a publique Preacher of God's word and intrude upon this Sacred Function These for the most part were the Beardlesse Boyes King Iames of blessed memory mentioneth in the conference at Hampton Court Who would brave him to his face pag. 4. Within one County there may be two or three more or fewer Presbyteries according as there be more or fewer Parish-Churches and yet all these Presbyteries are independant one from another only it is remarkable that the Presbyterie of Edenburgh because as they speak it is seated on the Watch-Tower hath well nigh obtained by custome and other meanes a Superintending power over all other Presbyteries and other Presbyteries many times send thither to have resolution of their difficult cases The reason is besides the eminency of this City by its wealth and the residence of all highest Courts of Iustice there although this Allobrogicall brood maintaine Parity there be notwithstanding some few Patriarchs who rule and over-rule all who Lord it and Pope it over the Lord's Inheritance and in this City ordinarily are some of these Patriarches and the Responsa prudentum from hence are received as Oracles by remote Presbyteries and reverenced as answeres by Vrim and Thummim There is none who liveth within the verge of a Presbyterie but is answerable to this Classis and Iudicatorie and must appeare whensoever or for whatsoever cited The King and His family are not exempted nor priviledged if He be cited and appeare not He may be excommunicated for His disobedience and contumacy If He appeare He must submit His earthly Scepter to that their Scepter which they terme the Scepter of Christ He must doe what is enjoyned The Presbyterie is independent from the Crowne of an earthly King who is Gods and Christs Vicegerent in the generall Kingdome of His providence only But this Sanhedrim is Christs vicegerent in His oeconomicall Kingdome as Mediator as they speake and consequently to it He must vaile His Crowne submit His Scepter and from it receive Christs Law and Ordinances King Iames of blessed memory knew this well who therefore in that Conference at Hampton-Court pag. 79. saith A Scottish Presbyterie as well agreeth with a Monarchie as God and the Divell then Iack and Thom and Will and Dick shall meet and at their pleasures censure Me and my Councell and all My proceedings Then Will shall stand up and say it must be thus Then Dick shall reply and say nay marry but we will have it thus And therefore here I must once reiterate my former speeches the King is answering to D. Rainolds who seemeth to begge of His Majesty a Presbyterie or some thing like to it Le Roy s' avisera Stay J pray you for one seaven years before you demand that of me and if you then find me pursey and fat and my Wind pipes stuffed I will perhaps hearken to you for let that Government be once up I am sure I shall be kept in breath then shall we all of us have work enough both our hands full But D. Rainolds till you find that I grow Lazie let that alone It is more than notoriously knowne to many yet living and is upon Record in the Presbytery Bookes of Edenburgh how King Iames not once but many times hath sent men of Honour and good quality demanding or rather requesting for some things at their hands who have heard the Commissiones propose the King's mind But they to keep the power and place Christ hath given them in that dignity suitable to so high a trust have dismissed the Gentlemen sent by the King without answer and by an Order of that Spirituall house have appointed one or two as Commissioners of the Presbytery to goe to the King with their will and pleasure loosing no thing of Christ's authority and carrying themselves with the King almost as if two free Estates or two free Kings had met and were dealing together As no person is exempted from obedience and submission to this power so no crime or sinne whatsoever committed or suspected to be committed within the Seignorie of this pettie Principalitie And that sometimes is so extravagantly and transcendently too look't after and called in question especeially if indiscreet zeale or holy Spleen work and move by the Spirit on a holy Brother that if there be a fact and fault committed secret or knowne to very few it is brought forth to the light of the World There is no care taken to reconcile the Lapsed to God in a private way and to conceale his offence but disgraced he is publiquely What sound repentance this may worke judge you How consonant this is to the Apostolicall Canon They that sinne publiquely rebuke publiquely and to the common Maxime of the Church de occultis nonjudicat Ecclesia he may easily see who hath not divorced himselfe from common sense and reason To cure these secret sinnes by the power of the Keyes in interiori foro conscientiae and to cover them with the mantle of Charitie smelleth rankly of auricular Confession Popish absolution and Sigillum confessionis See the conference at Hampton-Court pag. 93. It is certaine a foolish man revealing foolishly his faults to his wife the zealous wife upon some quarrelling betwixt her and her Husband hath gone to a good Minister revealed what was told her and the honest impartiall Minister hath convented the man charged him with his sinne and made him confesse satisfie and doe pennance publiquely Nay upon a surmise suggestion suspition or any misinformation if the Minister or Lay-Elder delate that is present two persons to converse so familiarly that it is to be feared that they are guilty of fornication if they be unmarried or of adultery if both of them or either of them be married they shall be cited and convented examined by all proofes presumptions interrogatories c. whether or not they have sinned If that the presumptions be pregnant although no proofe be they shall be put in close prison fed on bread and water kept that none may come at them all Members Constituents of these Iudicatories
of Cooper in Fife A noble man there having one Maister Weymis an honest man a Preacher and Parson at one of the Churches the which whole parish belonged to the Noble-man used all the entreaties all the threatnings he could to perswade Master Weymis to make over to him and his house the Right of the benefice which if I mistake not was a Parsonage The good man refused it the Noble man finding the man immoveable having prepared the way with the Ring-leaders accuseth the honest man before the Presbyterie obtaineth sentence of removing Maister Weymis from that Church and benefice and bringeth in one M. Scrogie who with the consent of the Presbyterie sacrilegiously made over the Right of the Church to the Noble man and his Family M. Weymis was transplanted to another Church The Right made over by Scrogie was afterwards confirmed by Act of Parliament King Iames when this noble man came to him spoke to him to this sense My Lord I wonder how you have so much power with the Presbyterie to obtain such a thing and work so strange a matter I pray you teach me the way for I would gladly know it The Noble man answered to this sense or much about it Sir you take not the right way I prepared my businesse by gaining the prime men to my course I sent to A. B's house so much Malt and to C. D's house so much Meale to N. a Carcasse of Beeffe this got me the power to put away Weymis to bring in Scrogie and from him with the consent of the Presbyterie to have the right of the Parsonage impropriate to me and my house Sir this course you must take if you would work any thing by or with these men The Testament of a Gentleman of Wit and more then ordinary worth and esteeme is to this day extant although he dyed many years agoe wherein confessing his many Sinnes he was much guilty of uncleannesse and was of more then ordinary reach in Politicall and Subtile waies abhorring himselfe for them and earnestly begging pardon professed and protested that no sinne did wound his conscience so much as his deep Hypocrisie who without the true feare of God made great shew of Religion where none or little was and to cover his sinnes from the World to hide his shame and the better to effectuate his private designes he made much of some few prime leading Ministers by doing of which he was not challenged for his sinnes and was enabled to worke his other ends This hath been and is this day a constant course kept by all of that cutte and coate It is known that no Kingdom of the Kings was so much infested with Feuds as they call them as that of Scotland nor was there any thing more ordinary then Neighbourly Feuds in Parishes to be fought to the effusion of much blood partly beginning sometimes within the Church and ended in the Church-yard where many times some were killed And it was as ordinary to find each Presbyterie divided in their affection and course according as they affected the one or the other partie Nor was Scotland ever free of Feuds sheathing their Swords in their Neighbours bowells murthering one another till a little before King Iames came into England nor did ever that Kingdom enjoy such Peace and Plenty as during the time of Episcopacy Sir by the few instances I have given you of many you may see clearely that Presbyterian Government is not only inconsistent with Monaichie but destructive of the Liberty of the Subjects person and trade encroaching upon all Authority Soveraigne and delegate restraining at pleasure Causes and Suits commenced before Iudges forbidding Execution of Iudgements obtained before the ordinarie Iudges repealing Grants Letters-Patents Rights and Priviledges authorized by Law assuming to it selfe the Civill power exacting Civill fines pecuniary mulcts inflicting corporall punishments painfull and disgracefull defaming young disgracing married persons in briefe is against the peace of the Kingdom of Families and neighbours And for their Clergy or fellow Presbyters they tyrannize over their Conscience depose or transplant them at pleasure for reasons known to some few of the more active It is proper now to speak next of Provinciall Synods IN describing of which we need not to insist much for except that the Iurisdiction is of greater extent and latitude yet in its essentialls constitution and power with the exercise of it it is the very same A Provinciall Synod is the apish Imitation of a Provinciall Councell consisting of a Metropolitane and the Suffragan Bishops of his Province With them it is an associate body of the Commissioners chosen out of all the Individuall Presbyteries within the precinct of the Province How many there be of them in the Kingdom of Scotland at this instant I know not but the Kingdom is divided into so many Provinces as they in their prudence think it fittest for the Government of the Church If I remember right by their platforme of Discipline these Provinciall Synods are to meet twice a yeare or oftner pro re natâ These Synodall Assemblies have a superintending and overruling power over all the Presbyteries within the limits of that Province The cases proper to these Courts are 1. All matters which doe appertain to the whole Province 2. All â—â—ferres from all Presbyteries within its verge 3. All cases of every severall Presbyterie which were difficult and could not there be determined 4. The due censure of all what is thought to be done amisse in any Presbyterie within its lash 5. What is ordered and decreed in those Provinciall Synods tyeth all within the particular Presbyteries and Parishes as well Lay as Clergy-men to obedience Any Presbytery else that moveth without the spheare of this Province is not tyed to obey what this decrees by virtue of any authority flowing from it The same course is holden in all things in the Provinciall Sanhedrim which is kept in the Presbyteriall Consistory so that I need not trouble you by resuming and repeating the like only here is some peece and use of good Policy which is this In a Province there may be some foure or five or six or more knowing leading Ministers who over-rule different distant Presbyteries so cannot formally fairely joyne their wits and power to compasse their common and private ends The meeting of this Provinciall Synod occasioneth the meeting of those leading men in the same place who after that they have communicated Counsells and agreed upon the course they are able to draw their brethren their pupils of their Faction as Sorvum pecus slavishly yet with much zeale to dispute debate and voyce for what they in their wisdome think fit for their own ends which course layed downe will be so prevalent that if it be against King Country Preacher or Lay-men in that concerneth the publike or any private mans interest to whom they stand engaged it is to as little purpose to some
good men to oppose or moderate this course as to a man to stop a current of a flood after a great inundation of raine with his foot There is another trick of policy too whereby the Apostles of this province advance their own credit that the wisest of the Nobility and Gentry see who are the active and doing men and having their particular interest many times both in the publike and their own private they make their addresse to these Popes gaine them to their course and strengthen themselves by the Spirituall Sword to distuâ—be the publike or to gain their private ends whether right or wrong When the Commissioners from hence returne to their severall Presbyteries they intimate to them to command the particular Ministers to Preach in their parishes Doctrine tending to the advancement of those designes and this is so much obeyed that the Minister of the Kings family or Parish must sing the same song although it concerne the King in His Honour or in that is most deare to him and be to the prejudice of his Person Soveraignty and Government These {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} these prime men of God are attended and honored so by the subtle and cunning Nobles and Gentlemen that they are well nigh deified in their comming to and fro to Assemblies Presbyteries or upon other occasions the most eminent of the Province wait upon them entreat them to come to their Houses set them at the head of the Tables by my Lady provide for them the best chambers And that you may know howsoever they pretend Parity that it is protestatio contra factum never Bishop in Scotland hath come into Cities with such Convoyes been attended with such great personages as some of this holy Brotherhood It is to this day remembred that when Mr Robert Bruce came from his visitation in the West or South returning to Edenburgh and entring by the Canon-gate King Iames looking out at His Window in His palace at Halyrude House with indignation which extorted from him an Oath said Mr Robert Bruce I am sure intends to be King and declare himselfe heire to King Robert the Bruce If you would allow me upon this to digresse I beg to be bold to tell you a true story the most insolent I beleeve you ever read or heard When Q. Elizabeth was waxed old K. Iames bethinking how to come at the peaceable possession of that Right God and nature had entitled him to after her death resolving to recall pardon the Earles of Angus Huntlie and Erroll who at that time were banished and beyond Seas feared if by himselfe and his Soveraignty he should doe it because they were professed Papists he feared the Church would except against it and move his Subjects to Sedition and Rebellion yet the Noble men were most able to strengthen him and doe him best service in the Kingdom To prevent this mischiefe he sent one of his trusted and worthie Courtiers to Mr Robert Bruce one of the Ministers of Edenburgh who at that time had great sway in the Church desiring him to come to His Majesty about some businesse of high concernment Mr Robert did come The good admirable King welcomed him more then courteously took him into his Retiring or Bed-chamber Spoke powerfully to this sense M. Robert I have sent for you to have your advice in a businesse of great weight concerning the Peace of Scotland and England and which concernes me in Right and Honour most nearly Q. Elizabeth my Sister and Cousin is sick and cannot live long you know I have God's and Nature's Right to that Crowne I cannot loose it in Honour or in Iustice and yet my prayer to God is that I may come at my Right without any blood I know there is some Faction in England against me but my friends are more prevalent there It concerneth me in the poynt of Prudence to provide that there be no Faction and division in this my Kingdom of Scotland for if this Kingdome be all one way for me in hearty obedience and Subjection the disaffected party in England will be better advised then to worke me trouble to their great disadvantage Now saith the best and wisest of Kings I feare nothing but that these three Noble men beyond Seas because of their forfeiture may be wrought upon by Papists encouraged and enabled by them there and the English Papists who are most against my comming to the Crowne of England knowing I am a sound Protestant to come hither and trouble Me and the Peace of this Kingdom Doe you not think it fit that I give them a pardon restore them to their Honour and Lands and by so doing so gain them that thus I may save the effusion of Christian blood To this demand so piously made the answer was Sir you may pardon Angus and Arroll and recall them but it is not fit nor will you ever obtain my consent to pardon or recall Huntlie To this the most gratious King sweetly replied Mr Robert it were better for me to pardon and recall him and not the other two then the other two without him 1. First because you know he hath a greater command and is more powerfull then both of them 2. Next you know I am more assured of his affection to me for he hath married my deare and neare Kinswoman the Duke of Lenox his Sister His rejoynder was Sir I cannot agree to it The King out of the great depth of His wisdome and prudence and His transcendent goodnesse concluded thus M. Robert I have imparted my most secret thoughts to you first before any and to you only I am so confident of your zeale and good affection to Me and My Honour that I entreat you to think upon this matter a day or two and after your better thoughts and Prayers returne to me and tell me clearly what you think Thus was he dismissed with as much respect as the King could give to any of His highest Subjects The truth is at this time this man had more power in Edenburgh then the King and his credit there had a mighty influence upon all His Sect and many in the Kingdom within a day or two he Returnes to His Majesty yet if I be informed right not till he was called upon When he entred the Kings Presence-chamber the King took him in to a secret retiring roome as before made the doore be shut and speaketh to this sense Now M. Robert I hope you have thought more seriously upon that weighty businesse I proposed to you the last day and have prayed God to direct you and Me both tell me then what you think of my purpose and resolution concerning those three Noblemen He returneth this answer Sir the more I think of it the more I am confirmed in the advice I gave to you the last day I agree with all my heart that you recall Angus and Arroll but for Huntlie it cannot be The King resumed
and repeated his reasons before mentioned and added some more He obstinately opposed and contradicted it All doe know who knew any thing of these times that Angus and Arroll were as bigot Papists if not more then Huntlie there was no difference in Religion the truth is Master Bruce was a Lover of the Earle of Argyle who loved not much the Earle of Huntlie This was the Spirit inspired him as it seemeth King Iames desired his reasons he gave none but spoke Majestically Then the King told him downeright M. Robert I have told you my purpose you see how nearely and highly it concerneth me I have given you my reasons for my resolution you give me your opinion but you strengthen it not with reason wherefore I will hold my own resolution and doe as I first spoke to you To the which with Christian and Subject-like reverence he returned this reply well Sir you may doe as you list but chuse you yee shall not have me and the Earle of Huntlie both for you Sir Iudge by this in what case Monarchie is in such a government for that this is truth I am as much assured of as morall certainty can assure any man of morall truth which with his own eares he hath not heard And yet this man was but Minister of Edenburgh To returne thither from whence we digressed that you may know that this great Honour which is done to those great ones the Cabinet Councell of all Provinciall and Generall Assemblies by these cunning and subtile Nobles and others is not done in the name of a Disciple in the name of a Prophet reflect a little with your eyes and consider how the same men respect and entertain their own Parish Minister when the Gamaliels sits by my Lady the Parish Priest will be below the Candlestick and will be forced to come to his Lord or Laird and Crouch down for a morsell of Bread and small peece of Money Nay before the Gamaliel be gone he must prompt and Catechise the poor stipendiarie how to carry himselfe with the Lord and Laird not to exact too rigorously what is due in his competent Stipend nor in Preaching doctrine or discipline to offend the Lord or Laird such good Christians such Iehoshua's Nehemia's and Esdras's are to be much made of for the cause of God I dare to say never Bishop or Archbishop in England or Scotland hath used more authority nor did ever carry themselves so arrogantly towards the meanest of their Clergy as these men doe over their simpler brethren I come now at last to The Generall Assembly THis is the Great and High Sanhedrim the last resolution of faith is almost in this associate body Here Christ sits in the Highest glory and Dignity he can upon earth Here is the ultimate decision of all controversies Here you may find really that fancied infallibility of the Pope The Iurisdiction in this is universall in all concerneth Ecclesiastica Ecclesiasticos and what concerneth all Temporalia in ordine ad Spiritualia The authority of it is soveraigne independent from any derived to them by trust immediatly from Christ to him alone they are accountable Whosoever obeyeth not this Soveraignty is to be Excommunicate the Magistrate is at their Command and as they prescribe to punish in Estate in Body in Life and Death If the King obey not He is to be Excommunicated and to strengthen this the Nobility Gentry Collective body nay euery individuall person is to concurre to compell and censure him to the utmost of his power to punish to dethrone to un-King to kill c. Let us come and see how this goodly Iudicatorie is made up It is composed 1. First of the Commissioners sent from all the Presbyteries of the Kingdom Which as I heare and am informed is thus ordered Every Presbytery sendeth out two Preaching Elders and a Lay-Elder By this it seemeth that the Clergy hath the advantage 2. Secondly therefore consider that besides the Commissioners from Presbyteries there cometh from every Borrow and Corporation one Commissioner and Edenburgh for some spirituall prerogative no doubt is honoured and priviledged to send two 3. Thirdly the Vniversities and Colledges send their Commissioners which for the most part are not Doctors nor Ministers but Lay-Men and Graduates in Liberall Arts and Sciences This will goe neare to equall the number of Lay-Commissioners to that of Preaching Ministers 4 The King is a member constituent to and should be there either personally by himselfe or virtually and representatively in or by his Commissioner He hath one voyce too and that affirmative only In what Capacity they admit the King to be a member constituent of this Spirituall Court I know not well if they be agreed upon it Some hold that he is there as Princeps membrum By this I see he is the first gentleman there and it may be hath the right hand too Some say as a Representative of the Civill body of the Kingdome sits there in that capacity All of them agree in this that he is bound by his own presence or Commissioners to see and provide that no disturbance or violence be offered The King if present and His Commissioner if absent have so much honour indulged to him that He or His Commissioner may have foure five or six assistants for advice but these Synodicall Fathers give their indulgences with such circumspect prudence that to preserve Christ's honour and their owne entire the King or His Commissioner may debate and advise with His Councell or Assistants or desire any of them to speak while matters are in debating But when it commeth to the decision and determination by voyces and plurality of voyces maketh the decree the King has onely one voyce and that affirmative onely not Negative By this it is certaine that if the greater part of voyces determine contrary to the King's voyce nay to His mind and Conscience He is bound to put it in Execution for Potestas Iuris is radically in the whole Assembly the King hath no more but Potestatem Facti to be an Executioner Rei Iudicata of the decrees otherwise He is censurable and if He be obstinately refractory He is not worthy to hold His Crowne The King presides too as they confesse but so that it is onely civilly and in His civill capacity If I be not mistaken yet I dare not avouch this confidently the King hath not Power to propose any thing spirituall or that concerneth the Church but if He doe it it must be done by the Right Father of the Assembly the Moderator This I dare to say that neither the King nor His Commissioner can hinder or oppose the proposing of any thing they think concerneth the Kingdome of Iesus Christ For this were no free generall Assembly and to limit the holy one of Israell Nay if the thing proposed conceived by them to be Spirituall be so twisted with the things civill that the ordering or
establishing of it may carry along with it a change and distemper in the State and Government or import danger to the King and Crowne The Moderator or any Commissioner hath power to propose it determine it and never to consider or reflect upon the danger of King State or Kingdome and that for God and Christ's glory The proper naturall and right President of this Seraphicall Iudicatorie is one of the Preaching Elders although we observed before how Lay-men as Buchanan Melvil Bruce have been Moderators a Lay-Elder now cannot be Moderator Here is the Legislative power here is the Soveraignty of Christs Kingdome here is the highest Tribunall and Iudicatory of Christ upon the Earth from which no person no office no condition of creature is priviledged from it lyeth no appeale The King hath no Power to appoint the time or place of this Assembly but once a yeare it must necessarily meet And at the close of every Assembly the Present appointeth the day and place for the next If any great Exigencie really or in their fansie intervening requireth the meeting of a generall Assembly before the time determined the Commissioners from the Assembly are to make remonstrance of it unto the King Whatsoever power the Pope unjustly usurpeth The Catholick Church or her virtuall and Representative an oecumenicall councell justly challengeth this generall Assembly vindicateth to it selfe onely Authoritativé by way of authority within the Church of the Kingdome and Nation yet Consensivé and Charitativé to extend to all Neighbour Churches in the World whatever it be that concerneth fidem cultum Regimen c. credenda agenda And yet if this infallible Supreame Iudicatorie would reserve to it selfe that jurisdiction is due to men in Sacred Orders and which intrinsecally radically and originally is in them ex vi ordinis although Presbyters intrude upon higher callings and they place all Ecclesiasticall power at least communicate it to Lay People the Princes condition were tolerable Nay if they did onely trench upon what is due to Soveraignty and with which He is invested from God Almighty which is restrained ad Externum hominem and Externum Regimen although Soveraignty by it be brought into straiter narrower bounds a King might be in some poor condition although Robbed of His Right But when they come to this that in ordine ad spiritualia in order to spirituall things they will give the King Lawes repeale His Lawes command and expect performance and obedience otherwise excommunicate and if a King neglect that Excommunication incite inferiour Magistrates Nobles and Commons to bring Him in order to compell and force him He is in a worse condition under this Soveraignty then under the Pope by how much it is worse to a King to be subjected to an untamed furious Beast the multitude then to the tyranny of one All these Lay-Elders all these Commissioners from Corporations and Burrowes are de jure divino as fully Iudges in all matters of faith worship government Iudges of haeresie idolatry superstition of the highest points of Orthodox and Catholick mysteries of the groslest and subtillest Haeresies Arianisme Arminianisme Macedonianisme Montanisme Socianisme Anabaptisme c. as any man in sacred Orders there have vocem deliberativam vocem decisivam have a debating discussive voyce and concurre as much with the influence of their voyce to prescribe and give us Normam sidei cultûs politiae a confession of faith a prescript for worship Canons for government and discipline as ever Bishops had in lawfull Christian Councells Bishops limbes and members of Antichrist are no part of it Now is forgotten that of the Councell of Chalcedon Concilium Episcoporum est and that old Barbarous but Christian enough verse Ite foras Laici non est vobis locus yci I would gladly aske of one of these Rabbies and great Masters in Israell how commeth it that the Commissioners of Burrowes sit there voyce there are they too de jure divino by divine right If they answer that such are chosen as are or have been Lay-Elders I rejoyne the Lay-Elders come in that capacity onely as Commissioners of the particular Presbyteries These are not members constituents of the Presbyterie in that capacity that they are or have been Lay-Elders but have right and interest in this high Court in that capacity meerly as Commissioners of Burrowes Look upon their acts of generall Assembly and you will find that it authorizes Commissioners from Burrowes to be parts constituent of this Iudicatory quâ tales as sent from the Burrowes Againe I aske seeing you make Doctors one of your four holy Functions Ecclesiasticall constituted by Christ in what Iudicatorie find we them In Sessions they are not In few Presbyteries they be and if there in some other capacitie In generall Assemblies if any be they appeare as Commissioners from the Vniversity in this capacity onely And many times it is seen that Professors of Philosophie have been Commissioners of Colledges in generall Assemblies Leaving these absurdities which are monstrously grosse I come to consider next what is the Soveraigne power of this high Sanhedrim If they would in Christian moderation assume no more to themselves but onely a directive power and by humble Remonstrances and supplications with that reverence is due to Soveraignty and Majesty Petition the King to animate their Acts Canons and Constitutions with the influence of his legislative power this were faire quarter But by your favour no sooner have they enacted it here and so soon as it is solemnly intimated which is by returning to every Presbytery with it's Commissioners a Copie of the Acts Orders and Ordinances and by the Presbyterie's order every Minister hath published them in the Parish Church all things so done are animated with a Potestative power by the influence these orders receive from that Legislative power Christ hath entrusted them with in his oeconomicall Kingdome All then are bound to obedience if it be in the meanest indifferent thing nay if this order crosse or repeale a standing Law all disobedients are liable to all Ecclesiasticall censures and may forth with be proceeded against even till they be delivered over into the hands of the Divell This Assembly is above the King to them he ought to give an account of his faith to their Confession of faith he must conforme himselfe to their orders he must give obedience otherwise he is excommunicable deposable I feare you scarce beleeve me yet truely non verenda retego sed inverecunda confuto I discover not the nakednesse of Father the shame of Brother nor friend would to God the tenets and practices were buried in hell and the maintainers regained to God by true repentance and forsaking their wayes I discover onely things that are past all shame and which our Church can never owne Sir if you will hardly beleeve me in this let me give you their assertions in this case and their conformable practice It
authority of Soveraignty nay without the knowledge of it these confederates at the direction of their Ministery prescribe orders for Reformation of Religion to be observed and practised throughout the whole Kingdom See Knox storie pag. 217. 2â—8 They goe farther they writ an Imperious Letter to the Religious houses in the name of the Congregation commanding all of them â—â— remove from thence against such a day or then they would eject them by force Knox ib. Within very short time after a Parliament being holden by the Queen Regent Queen Maries mother and great Grandmother to our gratious Soveraign they make a Protestation that except they had their desires they would goe on in their intended course of Reformation that neither they nor any that joyned with them should incurre therefore any danger in life or lands or other Civill Penalties and that if any violence hapned in pursuit of those matters they should thank themselves It is very observable they were all bound in that confederacie to assist and strengthen each other in that course See Knox Hist. pag. 256. First here you have the direction of the Ministery Next you have a confederacy and bond of mutuall defence Thirdly you have Orders and Decrees agreed upon in common Fourthly you have warrants issued out to make or force all to be put in execution Fiftly you have a Protestation and that a threatning one too against the Queen Regent and whole Parliament Sir are those things consistent with Monarchie what Scripture what Father what practice of the Church doth warrant such a reformation Come on and you shall have them anon in open contemning Soveraign Authority The Queen Regent to suppresse these beginnings and to nip them in the bud cites them to appeare at Stirling They appeare not They are outlawed all men under pain of Treason are inhibited to assist them There is no obedience but all in the confederacie adhere to them I cannot for my part justify this divinity From disobedience and contempt they are guilty of usurping the Royall power for vâ—ry shortly after anno 1559. Immediatly after a Sermon Preached by Knox in Saint-Iohnstowne at his exhortation and direction they fall to the pulling downe of the Religious Houses and within two or three daies equall three of them to the ground Sir can it appeare that by Holy Writ or Reason such Popular tumultuary reformations are warrantable Is it not intrinsecally inherent in the Crown or wheresoever soveraignty is fixed And so they proceeded in Fife Angus Mornis Stirling Lowthian c. and through the whole Kingdom See Knox Hist. p. 263. Here were many goodly and Rich Churches Spoyled Robbed and cast downe After this they disclaim Soveraign authority except it be as they please and have their desires The Queen Regent threatned S. Iohnstowne where this disorder first was acted They of the confederacy writ to her in plain termes that except She stayed from that cruelty they should be compelled to take the Sword of Iust defence and protested that without the reformation which they desired they would never be Subject to any mortall man See Knox pag. 265. More followed By a Letter they cite all their Brethren to repaire unto them and that you may know that their Letters were authoritative commands and that all the authority is from the independent Soveraignty of the Church consider how they write to the Nobility upon paine of Excommunication to joyne with them Knox ibid. pag. 268 269 272. How much this Ecclesiasticall Soveraignty did exalt it selfe above the civill is more then apparent in this that when an Herald in his coat of armes commanded all men under pain of Treason to returne to their houses by publique sound of Trumpet in Glasgow no man obeyed that charge but went forward to their associates Habes confitentem reum Knox pag. 274. They denounce Warre too which was ever judged to be the peculiar specifick prerogative of Soveraignty for they writ to the Bishops and Clergy that except they desisted from dealing against them They would with all force and power execute just vengeance and punishment upon them and that they would begin the same warre which God commanded Israell to execute against the Cananites Which manner of proceeding they termed a resisting of the Enemy Knox Hist. 275 276. The poor Queen Regent was brought to an Accommodation and the Assembly at St-Iohnstowne was dismissed But there parting they entered into a League by Oath that if any one Member of their Congregation this in the Scottish is Equivalent to Ecclesia should be troubled they should all concurre assist and convene againe together for the defence of the same Knox pag. 283. The Queen Regent finding this Soveraignty overbeare Her 's and the Peace of the Kingdom shaken by a Declaration published and proclaimed testified her desire of Peace and descended so much that really it was onely a request They scorned it would none of it confuted it by another did exhort those of their Faction to encourage themselves in the Lord to stand upon their guard like to the re-builders of Hierusalem and the Temple with the Sword in one hand and the Bible in another wherein they gave the Queen many times the Lye and abused her with reproachfull and contumelious speeches The Subjects that continue their obedience are honoured with no better tearme then to be called the Queenes Faction You may read this at leisure and pleasure in Knox History pag. 330 333 362 364. Nay they renounce their obedience unto Her protested that whosoever should take Her part should be punished as Traitors whensoever God should put the Sword of Iustice into their hands Knox Hist. p. 364. At last they rise to the highest pitch of Rebellion and Anno. 1560. they depose the Queen Regent the predetermination being given that it was lawfull for them to do so by Mr Knox and Mr Wilcockes This is upon record yet in that Kingdome and is set downe by M. Knox himselfe Hist. pag. 372. 378. and it is observable that the Queen if I remember right lived but a month or little more after this pious act Sir you will now say that I speak too hardly of our first Reformers and Reformation and would know what is my opinion of them and it To deale clearly God is my witnesse I am no Papist but doe abhorre Popery as much as any and that I am no Puritane the other party wil witnesse for me I am bound to speak the truth in my heart and to give some satisfaction I say 1. First as I am able I blesse and praise God most heartily that we were delivered from the Popes Tyranny and that grosse Aegyptian darknesse we were under which I ascribe to the admirable wisedome and infinitely transcendent goodnesse of God 2. Next I leave the men to God's mercy but for the manner of proceeding the way they took I dare not I will not approve it
Order of Episcopacy as Popish and Antichristian as M. Andrew Melvil and his disciples afterward maintained Nor were they so foolish to seclude all Church-men from voyce in Parliament onely their desire was that seeing the Popish Bishops were allowed to enjoy their Benefices and Rents during their life time this was more then our charitable glorious Reformers allowed to their Protestant Bishops now with all other Priviledges except spirituall jurisdiction that they should not sit in Parliament as the representative of the Church but in their places should sit the Superintendents and Commissioners of the Church Which indeed were somewhat like to Bishops but resembled more Arch-Presbyters then Bishops To returne againe thither from whence we digressed after that this platforme of discipline was so agreed and established as we told before M. Andrew Melvil comes to Scotland about the yeare 1574 or 75. ultra citra This man a good Hebrecian and Linguist and full of the Geneva Talmud which was now more refined beginneth to set Presbyterian discipline higher to make a second book of Policy or devout Imaginations acknowledgeth no more Orders in the Church then the foure above named A Bishop was no more in Scripture but the same identically with Presbyter and where Abbots and Priors to his time were nominated and admitted to the Abbies and Priories as Church-men gave their trialls and were collated as they speake by the superintendents This great Doctor found out another Divinity that there was no Bishop but a Parish Priest Scripture for Abbots and Priors there were none such in God's book At this time and from that they call Reformation to this time there was no Bishoprick nor Abbie annexed to the Crowne and consequently not impropriate to any Subject It is true Lay-men held them in commendam by the King's gift but as men able to doe the King and Church good service and before their right could be completed or perfected they were to returne to the King from the Superintendent a collation or certificate that he was of that ability to doe good service to the King and Church Men sacrilegiously disposed grasped greedily this doctrine and thanked God that their names as Abbots Priors were not in the book of God And to have these Church livings and dignities with Bishopricks annexed to the Crowne and from thence to impropriate them to them and their heires they deified M. Melvil and contributed their best wits and uttermost power to raise Presbyteriall government higher And by the sole authority of that they call the Church they began without the King Councell or Parliament's consent or authority to distribute the whole Kingdome into so many Presbyteries as they thought fit in their discretion and by the direction of the holy Spirit and did procure private subscriptions to their new Book of Policie and put it in practice Sir I hope you are the more apt to beleeve this because you know in England the disciplinarians in London meetings debated and established their orders in secret and not warrantable Conventicles and much about the same time and great correspondence was entertained betwixt the Scots and the English at that time How that book of Discipline was practised without any authority in Surrey and Northamptonshire and other places you know well enough Now I pray you when without Authority by their owne inherent radicall Right they make Orders reforme establish a Discipline doe these men imagine that the concurrence of Christian authority Soveraigne is absolutely necessary or that their demand is any thing else but an act of courtesie when by themselves and assistants they may establish and practise it This Second book of Policie Master Melvils reformation is the Epocha of our second Reformation The fruits of which I will tell you were the Annexation of all Bishopricks Abbyes Priories c. to the Crown which was effectuated anno 1587. If you will cast your eyes upon the third glorious reformation that makes the Popes knees shake like Belshazzars when he did see the handwriting on the Wall that is if we will speak truly this deformation which is the disgrace of reformed Catholike Religion and which threatneth Church and Religion King and Kingdom with ruine you will find these men have sung a note above Ela have ordered and practised more then all that went before them Hanc movere nolo Camarinam I hope a better wit and more elegant and eloquent pen shall some time Anatomise this Monster and so lay it open to the view of the world that it shall appeare to be no true brood of the Reformed Catholike Protestant Religion 2. Secondly another argument to prove that this Superlative Soveraignty in spiritualibus hath all its most naturall Subjects at its devotion and obedience is this that what they command to be Preached must sound alike in all their Synagogues And whosoever he be that is the Minister of the Kings family he must Preach the same There is no coequall corrivall or coordinate power that can doe so much as intercedere make the least sort of crossing opposing or interposing Is it not known that the Kings Minister in Scotland at the direction of this Conclave when his Councell have been to meet frequently for Treaty with Ambassadors from forrain Kings upon the Lord's day or Week-daies Sermon before the meeting {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} in great freedom of the Spirit hath told him all the Counsell of God from Heaven with a denunciation of Iudgements if he swerve from it And if the King had gone to the Church of Edenburgh a Beardlesse boy had told him more sound wisdome from Heaven how to article and conclude in matters of Highest concernment betwixt him and Spaine or him and France then all the wisest Councellors and greatest Nobles in the Land and this forsooth must be the King and Councell's rule 3. Thirdly doe they not challenge to themselves the sole power to appoynt publike fasts to give the reasons of it which ordinarily are that Gods judgements are incumbent and imminent upon Church and Kingdom for the sinnes of the Governour and Governours and that the Government is amisse And the consequent or effect of these fasts is too too frequently and ordinarily some Commotion Sedition Rebellion or at least some change of Court Councell or Session I cannot here passe by a storie as true as strange While King Iames was in Scotland two French Ambassadors had remained some months there with Him being ready to depart and take their leave of the King the King for His own and the French Kings greater Honour sent on a Satterday for the Major and Aldermen of Edenburgh commanding them the very next Monday to Feast the French Ambassadors The Ministers of Edenburgh to affront the King and the King of France too on Sunday intervening indict a solemne fast to be kept to morrow on Monday the day appoynted the Saterday before by His Majesty for the entertainment of the
Ambassodors The Magistrats of Edenburgh proudly contemne the command of the supream spirituall powers and out of carnall affection feast the King the French Ambassadors Royally Nobly on Monday when the Ministers the good Christians of Edenburgh fast the King the Ambassadors and Magistrates of Edenburgh feast ô facinus horrendum But to avert Gods judgement from the Land the Major and Aldermen were cited and convented here was some favour that the King and Ambassadors were not but I will tell you it was partiality and corruption for some of the Ministers were the Kings Pensioners and this kept the King free to be censured for their high Scandall in contemning so solemne a Fast There was much work but the King who was the chiefe and almost sole transgressor with interposed delayes and much sollicitation and prudence took off the edge of their zeale and the pursuit ceased 4. That this Assembly is Soveraigne in all Spiritualls admits no Coordinate or Coequall power farre lesse a superior is cleer in this That if any Preacher be charged before King or Councell for any offence to be punished if they in any case can cloath it with a spirituall respect or circumstantiate it so that it may be qualified for the Spirltuall High Sanhedrim the party cited and convented may and ought to appeale to the Generall Assembly as to the Iudge competent Mr Andrew Melvil if I be not deceived was the first Spirituall Councellor of Law that taught this way It is certain that what they Preach in Pulpit is not censurable by King Parliament nor Councell or any Iudge or Iudicatory else There be two reasons for it one is that Spiritus Prophetarum subjecti prophetis the spirit of the Prophets are subject to the Prophets onely 1. Cor. 14. the t'other is whilst men are there in that infallible pulpit they are ruled by some superior good spirit and they dare not blame or condemne them least they should offend and sinne against the Spirit and so although a man Preach downright Treason if it be in this place he is priviledged It is known and I hope yet remembred that after King Iames of blessed memory anno 1584. made many good Lawes to curbe the Insolency of Ministers did by Statute and Act of Parliament declare His Supremacy over Ecclesiasticall Persons and causes condemne all Iudicatories in use which were not by his own authority established He meaned the Presbyteriall That the Ministers then did importune the King to repeale them and when that would not doe did they not fall at last into open railing against him in pulpit as an enemy to Christ and his Kingdom they dispersed through the Kingdom infamous libells against his Person and Royall Honour they branded him as an Apostate from the truth and reviled him as an ofspring of the cruell and bloody house of Guise This forced the King to put out a Declaration anno 1585. in Print yet extant to vindicate himselfe and his Honour from that unchristian and more then disloyall calumnies At or about the very same time some fugitive Ministers out of Scotland pretending they were persecuted did in the Pulpits of London with their fowle mouths raile against His Majesty the wisest and learnedst of Kings so that the Scottish Ambassador was forced to complaine to Queen Elizabeth of it Her Majesty gave present order to the Lord Bishop of London then to silence all the Scottish Preachersthere Now that this Sanhedrim is only competent Iudge in Spiritualibus and that one convented before King and Councell may decline his and the Councel's authority although he hath Preached Treason appeareth cleerly 1. First if this had not been an ordinary practice before this time what needeth the making of that Act of Parliament anno 1584. declaring it Treason in all time to come to decline the Power and Iurisdiction of the King and His Councell 2. Secondly has not Iames Gibsonne Minister at Pencaitland witnessed for or against himselfe rather in this case in Print who publiquely in his Preachings compared His Majesty unto Ieroboam told him He should be the last of His Race reproached him as a Persecutor and much more of this zealous stuffe who being convented before the King and Councell and accused of those pious crimes He with that boldnesse becometh His Order justified all saying to His Majesty As long as you maintain these cursed acts of 1584. the tyranny of Bishops you are a Persecutor And addes that as Jeroboam for the leading of the people of Israell from the Lawes of the house of Iudah and from the true worship of God was rooted out he and all his posterity so should the King if He continued in that wicked course maintaining those wicked acts against God be rooted out and conclude the race much more to the like purpose was said if any look upon the Privy Councell Books of the Kingdom of Scotland he will find this a truth He was convented 27. December anno 1585. This man was an Oracle consulted and gave his answer in Coppinger Arthington and Hacket's extraordinary motion which storie you know better then I. Mr Black Minister of St Andrew's was convented too before the King and Councell about the same time who appealed from King and Councell to the Presbytery or Generall Assembly this last had spoken against both King and Queen There was a great businesse for the two mens appeales their brethren sided so much with them that the King had too much to doe At last out of more then warrantable indulgence His Majesty was content to insist no farther against them before His Councell but to remit their censure to the Generall Assembly it selfe before which it was cleerly proved that in pulpit they had spoken reproachfull and Treasonable speeches yet could the King by no power or entreaty obtain of them to inflict any punishment upon them because said they They knew not with what Spirit they were overruled I will shut up this poynt with one instance more then sufficient to make the truth of what I say to appeare Before King Iames came to the Crowne of England it was ordinary in Scotland to have a Generall Assembly once a yeare and oftner pro re natâ upon any great exigent The last which was kept during His Majesties abode there was Anno 1602. in the close of which the next ensuing was appoynted to be at Aberdine Anno 1603. in the interim the King succeeding to Q. Elizabeth and being in England He was so much taken up with the affaires of the Kingdom that He was necessitated to lay aside those concerned Scotland and for this reason His Majesty thought it fit to adjourne the Assembly unto which he had a speciall eye knowing their turbulent disposition and experienced in it whilest he was present amongst them to the next Summer in Anno 1604. When the time appoynted was come His Majesties more weighty affaires not suffering him to think upon the Assemblies businesse He gave
and highest Favourite and that justly for His most eminent Noble endowments These discontented Gentlemen layed downe a resolution to get the King into their hands and power and to thrust out that Noble Prince They watched an opportunity when the King came to His sport of hunting neare to Saint-Iohnstowne with an ordinary attendance the Noble Peere staying with others at Edenburgh for the King and Kingdomes better service surprised him fearing no ill seized his Person carried him along to the Castle of Ruthen kept him so that none could have accesse to him till he was forced to command the Duke of Lennox to depart the Kingdome which out of zeale and love to the King he did in Winter embarking at Dunbrittane came to France and dyed shortly after and to change all his servants they disliked and to surround him with themselves and their owne They kept their King in captivitie the space of nine monthes suffering none to come at him but such as they pleased The wise King put a good face upon a foule businesse seemed to like well of them and their courses Neverthelesse the best and most knowing of Subjects grumbled exceedingly to see their Prince so abused The Conspirators understanding it did advise upon the best course to satisfie the people and to bring them to approve their way They wrought with the chiefe Rulers of the Synagogue and prevailed At the next generall Assembly they give in a Remonstrance to them then sitting in Edenburgh declaring the Extraordinary reasons that moved them to secure His Majesties Person in the Castle of Ruthen their zeale to the Reformed Religion which was in imminent and apparent danger by the practices of the Duke who was sent from France to Scotland of purpose to corrupt the young King their care to secure the King's Royall Person whom the Duke intended to conveigh privately to France their desire to free the Subjects from the bloody tyranny and oppression both of their lives and goods by the malitious disposition and insatiable avarice of those who were about him and overruled him and a great many more specious pretences which are not much different from these of this time upon this Narrative the humble Petition to this Superlative Soveraignty was that the holy Brother-hood would be pleased to give an approbation to this their Heroick and Christian fact and whatsoever was their judgement they would obey it with this proviso that it should be made knowne to all good Christians within the Realme The demand was pious and just the holy Assembly secured from erring and error and not encroaching upon any thing meerly civill but in a case of so high concernment in ordine ad spiritualia as competent Iudges doe take the case into their consideration and after mature deliberation being assisted with a fansied infallible direction give out their verdict authorize and approve all in substance or circumstance to be holily and justly with much zeale and discretion done In all this they exceeded not their power and that because what was done was for the advancement of God's glory the honour and personall safety of the King and publique good of the Kingdome That all good People may rest content and be fully satisfied it was further ordained that all Ministers shall upon their returne to their Parishes intimate so much to all their flockes and withall exhort all People to esteem the actors as good Christians and Patriots that for the causes above mentioned were necessitated to take this course to preserve Religion to rectifie the errors of Court which were brought and wrought to that height that both Religion and Policie were in the greatest imaginable danger The Ordinance was accordingly performed to no small griefe of honest Subjects and Christians Sir if there were no more instances what doe you thinke of this It is worth your notice taking that this Noble Duke dying in France who before His comming to Scotland had been bred in Popery became a Protestant when He came thither and was King Iames his Convert While he was a dying Romish Priests were most earnest for accesse to reconcile him to that Church but he adhering to truth and protesting withall his Promise to his Cousine King Iames would admit none and dyed in the Communion of the Protestant reformed Church This high Court the generall Assembly in ordine ad spiritualia challengeth and practiseth a Soveraigne power above all civill Lawes and Statutes and Acts of Parliament And that with that power that of it selfe it may repeale and condemne standing Lawes and Acts of Parliament which are in practice and observed within the Kingdome To give you a recent example and instance of this Since this Assembly of late in this distemper hath recovered it's place and power the generall Assemblies of Glasgow and Edenburgh have damned Bishops as Anti-christian and against their Reformation I wave this More they have secluded Bishops or any Church-man from having any voyce in Parliament Conventions or Councell Thus by their owne most proper Ecclesiasticall authority they have made voyd many Acts of Parliament there which before were in force and practice As that in anno 1584. declaring it Treason to call in question the power and authority of any of the three Estates that is Bishops Lords and Commons or any one of them This act was made onely to preserve the priviledges of the Ecclesiasticall estate inviolable This is evident by the King's Declaration put forth the yeare following 1585. Again they have made voyd another Act of Parliament in anno 1597. Ordaining Ministers that should be provided by His Majesty to Prelacies to have Vote in Parliament as being the third Estate Another in anno 1606. The same Assemblies did declare the Acts of the Assemblies of Glasgow Perth c. null voyd and unlawfull which notwithstanding were enacted as Municipall Laws obedience commanded and practised in the greatest part of the Kingdome How much King Iames his happy memory is blasted by these supercilious new Orders of those Assemblies my Pen blusheth to expresse The same Assemblies have condemned the high Commission Court declared by Act of Parliament And this is done upon this ground which proveth their Soveraignty in spiritualibus because it was not consented to by the Church That is the vertuall Church the generall Assembly When I consider these things I cannot sufficiently wonder how the high Court of Parliament of England hath swallowed and sworne their Covenant which in it's right sense doth establish a Court above King and Parliament Iudge you Sir if this Oath be in Iudicio veritate justitiâ If King and Parliament be subordinate to this Court in spiritualibus or in temporalibus in ordine ad Ecclesiastica all the reason in the World will plead that it is most just that all Iudicatories whatsoever even the Supreamest from whom lyeth no appeale submit and subject themselves to it The holy Fathers of this Court have showen their Right in this point
the first place to intimate to the King the desire and demands of the Assembly and to see all due civill Sanction and confirmation given to it the King His Councell His Parliament can change nothing of their sacred decrees without their consent What ever new occurrence is in Church or State pro re natâ these Commissioners are to give order and to see ne quid detrimenti Ecolesia capiat It is true their orders bind only in the interim betwixt the two Assemblies and the next plenarie Generall Assembly may derogare abrogare obrogare c yet give me leave to tell you truth these great Delegates with their power have so much influence upon the next Generall Assembly that their {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} precognitions and predeterminations are formally and Legally enacted Nor is this to be wondred at for the Achitophels and Ioabs of Church and Kingdom the best head peeces of greatest depth Preaching and Ruling Elders are in this Iunto Heere are all disturbing Seditions and treasonable courses hatched and conceived whether it be Treason against the King Sedition in State or Kingdom the change of Court the removing of Courtiers from the King the surrounding of him with others c. The next Assemblie ownes all their courses decrees them under pretence of Piety Reformation of abuses removing of Malignants from the King and from His Counsell from being Iudges in the supreamest Iudicatories of the Kingdom c. By this means at pleasure when and where they will they procure Parliaments to work for their own private ends To facilitate the work order is given to all Presbyteries to command all the Ministers to Preach to their flocks to make and keep Fasts for the danger the Church is in that the King is inclinable nay inclining to Popery that there are none in trust or power by Him in Court Councell Exchequer or Session but such as are Popish or Popishly affected and such they must be if they once determine it And woefull experience hath confirmed it that worthie Innocent and deserving men have suffered and the King hath been forced to abandon His best servants This close Committee hath all these prerogatives 1. During the interim betwixt two Assemblies they had trust to see that all the Orders and Decrees of the grand Consistory should be put in execution 2. Next upon any exigent intervening they have the power by their influence upon all the Presbyteriesin the Kingdom to make them goe which way they thought fit for their own ends both to make the Ministers Preach their sense and to work with all the people to believe the posture of affaires in Church and State were as they informed and represented them 3. Thirdly here were all things prepared for the next great meeting of the Generall Assembly By these means things projected were effected This way the Queen Regent was put from Her Regencie This way Queen Mary was expulsed Scotland This way King Iames His captivity at Ruthen was found to be good service This way that Noble Duke of Lennox Esme was made a Papist and the King forced to abandon him and he to depart the Kingdom in Winter being sick and shortly after dyed in France By this means if I be not deceived was that infamous day the 17. of December anno 1596. atro signanda lapillo renowned for a most horrid insurrection in Edenburgh against King Iames and His prime Counsellors I begge leave to give you a short account of it King Iames whilest He was King of Scotland by all forraigne Kings Princes and States was admired for His extraordinary Royall endowments Ambassadors from many beyond Seas at the same time and almost constantly were with Him The smallnesse of the Patrimony of that Crowne was not able to maintain that Royall deportment He kept Besides being too too Royally liberall and magnificent His coffers were empty and at this time scarce was His Majesty able to maintain the necessary charge of His house in that measure which was suitable to so Royall a King To rectify this the King with the advice of his Counsell entrusted with all his Rents Revenues and casualties Eight prime men of good worth and integritie Officers of State Counsellors and Iudges This was done that all might be rightly regulated and before all things His Tables at Court kept like a Kings that forraign Ambassadors might not espy any want which might derogate from the Honour of King and Kingdome The ordinary Tables of the Court were regulated the Courtiers daily allowance was retrenched which they could not away with They and other discontented persons did reproachfully call these men The Octavians They who grumbled at this and would right themselves to gain their intendment hit upon the ordinary and safest way that was to beginne with the Church They informe the forraign Ambassadors did work upon the King to turn Papist it was like they would prevaile for these Octavians were all such in their hearts and dissembled only in professing to keep a communion with the Protestant Church if those were not removed from the King and good men put about him Religion Kingdom and all were undone When this had been often informed and suggested early in the morning on the 17th day of December three of the Kings Domestick Servants came to M. Walter Balcanqual's house The Ministery of Edenburgh and others Commissioners of the generall Assembly with some of the best Christians of Edenburgh are sent for they meet there The Kings Servants informe that all was undone if they did not in time and speedily prevent for the Marquesse of Huntlie this was the late Marquesse who came occasionally the night before to Court and it is true he was Popish but God knowes he was free of what he was charged with say they was with the King till twelve a clock at night in his Bed-chamber yester-night it is resolved upon to re-erect Popery and so many of your best Citizens and Christians are to be seized upon some to be sent to Blacknes some to Innernes some to Dunbritton c. The case was apprehended in that zeale which became the cause The resolution taken was that M. Walter Baelcanquall being to Preach that very day in the Chancell of Saint Giles Church which they call the little Church after Sermon and Prayer done he should desire all good Brethren and Christians to meet immediatly forthwith there for the good of Church and Religion Noblemen Gentlemen Preachers Burgesses all who affected the good cause did meet M. Robert Bruce was appointed by common consent Moderator It is laid open in what case Church and Religion State and Kingdome are the urgent instant necessity is made to appeare The result of the determination was that presently they goe to Armes and by holy force to pull from the King's side those Popish Octavians That a Letter be written to Iohn Lâ—â—d Marquesse of Hamilton to come to Edenburgh to be Captaine of the Congregation and in
regard the King had made defection from the true Religion He being the nearest of the blood should come and take the Government upon him I know the just Copy of this Letter is extant to this day They runne to Armes the word is The Sword of the Lord and Gideon The good King was in the place of Iustice the prime of the Octavians with him hearing something of the uproare and tumult by a secret passage he and some other goe up to the Exchequer house overhead A great Lord was head of the Congregation he and some others came Commissioners to the King were admitted demanded those â—â—tavians to justice The King askes this Lord how durst he against His authority His Lawes His Proclamation keep unlawfull meetings at Edenburgh for the King before had discharged the meeting of those Commissioners of Assemblie or any other meeting whatsoever without his Royall warrand The Lord with courage in zeale to a good cause told the King that he should see ere long they durst to doe more The Lord or some other taketh hold of one of the Octavians Gowne who was President of Session but he pulleth his Gowne out of his hand and conveyeth himselfe downe to the house where the Lords did sit in judgement In fine the King and Lords were forced to shun the danger of this tumultuarie insurrection to close up the doores and some to stand with their swords drawne if any should offer violence to break up the doores Some good Subjects especially Alexander Home of Northborvick for the time Provost of Edenburgh and Roger Mackmath whom King Iames ordinarily called His Bailie with others well disposed and Loyally affected Subjects and namely the Hammer-men rise up in Armes for the King who partly by smooth words and partly by threats husht and housed the Factious and Seditious The King came out of the place of Iudicatorie and on foot attended with many Nobles Gentlemen and other good Subjects came to His Pallace at Halyrude-house in Peace where immediatly in the afternoon he convened his Privy-Councell and by his Wisdome and Authority so repressed and punished that insolencie that all the time of His Raigne the like Barbarous treacherous course was never attempted I hope you are the more apt to believe this when you remember what a Petition or Declaration was presented to Queen Elizabeth at Greenâ—â—ch anno 1582. to remove from her Service and Trust such as they know were not well affected to the Religion and Church Sir I could make it appeare how all Seditions almost and Rebellions in that Kingdom have been set a foot or fomented by this Government Presbyterian How neighbourly Feudes have been encreased and entertained How Moneys collected for the reliefe and support of Geneva were by the chiefe Gamaliels and Presbyters interverted employed to raise and pay Souldiers to ayde and assist the Earle of Bothvell and his complices in Rebellion against the King I feare I have wearied you already the Subject is everlasting and I am weary of it If I should give account of the late practices and tenets of this late Covenant it were possible to let you see that it hath farre exceeded all the mischiefe ever their forefathers did although they tread in the same footsteps The reason why I have spared it is not I feared it I hope to discover it sometime to the World by anatomising it fully Next I hope you have espyed the Noble passages of it and are sufficiently confirmed that nothing can be more destructive of Monarchie and the Peace of any government To shut up all give me leave in the close to give the Articles of their Apostaticall Creed inconsistent with Monarchie which they hold as the twelve Articles of the Apostolicall Symbole I will touch onely the prime of those for for their other Articles they are so many and of so vast an extent abounding in Negatives that as King Iames saith well he that would keep them is not able to keep them in his Braine but must keep them in a Table Booke The Articles of the Dogmaticall Presbyterian Faith inconsistent with Monarchie 1. AS I have said before They Preach and maintaine that the Church is the house of God the civill Policy and Government are onely the hangings 2. Next they beleeve all Ministers are pari consortio honoris potestatis praediti that there must be a parity in the Church Ioyne these two together and you have a faire way for Democracie 3. They vindicate to themselves and their Consistory a soveraigne complete universall independent power in all things spirituall that concerne Salvation they have not onely the directive power but the Legislative also and all temporall things in order to Salvation and Religion come within the verge of their Scepter All soveraigne Power wheresoever you fixe it whether in one as in a Monarchie or in few as in an Aristocracie or in many or all by vicissitudinarie turnes have onely the Executive power to doe as they command and is bound to preserve by it's Power Lawes and Armes their sacred and celestiall Priviledges and Soveraignty 4. Whatsoever Lawes civilly enacted by King or Parliament they conceive to be against the Lawes of the Kingdome of Christ by their native proper intrinsecall right immediately derived from Christ they may repeale and make voyd discharge the Subject to obey them They may decree not onely different Lawes of their owne from the standing Lawes of the Kingdome but contrary contradictory and destructive of them And have withall so much coactive power that if obedience be denyed to the Lawes of this Soveraignty they can destroy the Soules of the Subjects by delivering them over to Satan 5. No Minister Preaching in Pulpit Sedition or Treason or railing at King Councell the prime Iudges is accountable or punishable by King Parliament Councell or any Iudicatory whatsoever But from all he may appeale to the Sanhedrim and Consistorie as the sole and proper competent Iudge 6. What Corroboration or civill Confirmation or Sanction they demand of the King which he is able to doe civilly for they will give him no formall interest in any sacred or religious thing He is bound to Grant it and to obey them as Christ's immediate Vice-gerents otherwise they may Excommunicate him 7. Reformation and preservation of Religion especially to prescribe the way and Orders for Reformation is solely theirs 8. The King is bound to put their Orders in Execution but if neither He nor His Councell nor His Parliament will doe it the Inferiour Iudges the Nobles the Commons nay every individuall man to his utmost power at their direction are bound to doe it 9. That they may without warrant of supreame Authority Assemble where and when they will for God and Christ's cause and for the Liberty and Peace of Subject and Kingdome in ordine ad spiritualia and there they may Covenant together sweare and subscribe for the glory of God the advancement of Religion and conspire and combine