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A59435 The fundamental charter of Presbytery as it hath been lately established in the kingdom of Scotland examin'd and disprov'd by the history, records, and publick transactions of our nation : together with a preface, wherein the vindicator of the Kirk is freely put in mind of his habitual infirmities. Sage, John, 1652-1711. 1695 (1695) Wing S286; ESTC R33997 278,278 616

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Articles about the Thirds in Execution yet the Ministers were forced to wait long enough before they found the effects of it In short they continued in the same straits they had been in before for full two years thereafter that is till Iuly 1569. at which time I find by the Mss. and Mr. Petrie the Church was put in possession of the Thirds for which their Necessities made them very thankful as appears from the Narrative of ane Act of their Assembly at that time which runs thus as I find it in the Mss. For asmuch as this long time by gone the Ministers have been universally defrauded and postponed of their Stipends and now at last it hath pleased God to move the hearts of the superiour power and the Estates of this Realm c. A Narrative which it is probable they would not have used when the Thirds were at first projected for their Maintainance Sure I am of a quite different strain from Knox's Resentment which I mentioned before But by this time Experience had taught them to thank God for little and that it was even Good to be getting something However All this while they continued still to have the same sentiments concerning the Patrimony of the Church that unless God by immediate Revolution should dispense with her Right it belong'd to her unalienably that it was abominable Sacriledge to defraud her of it and that neither Church nor State could be happy so long as it was so much in the hands of Laicks And as they had still these sentiments and no wonder so long as they had any sense of Religion so they were still using their best endeavours trying all experiments and watching all opportunities to bring the Nobility and Gentry to a reasonable Temper and to put the Church in possession of her undoubted Revenues but all in vain On the contrary these Leeches having once tasted of her Blood were thirsting still for more and daily making farther Encroachments For A Parliament met in August 1571 and made ane Act obliging all the Subjects who in former times had held their Land and Possessions of Priors Prioresses Convents of Friers and Nuns c. thereafter to hold them of the Crown This was ane awakening ane allaruming Act. These who heretofore had possest themselves of the Churches Patrimony had done it by force or by connivance without Law and without Title so there were still hopes of recovering what was possest so illegally But this was to give them Law on their side As things stood then it would be easy to obtain Gifts now that the King was made immediate Superiour and then there was no recovering of what was thus colourably possessed So I say it was ane awakening Act of Parliament and indeed it rouzed the Spirits of the Clergy and put them in a quicker motion Now they began to see the Error of Drawing the New Scheme of Polity in the First Book of Discipline and receding from the Old one Now they perceived sensibly that that making of a New one had unhinged all the Churches Interests and exposed her Patrimony and made it a Prey to the Ravenous Laity and that it was therefore time high time for them to bethink themselves and try their strength and skill if possibly a stop could be put to such notorious Robbery And so I am fairly introduced to THE SECOND MODEL into which the Government of the Church was cast after the publick Establishment of the Reformation For The General Assembly of the Church meeting at Stirling in that same month of August 1571. Gave Commission to certain Brethren to go to the Lord Regent his Grace and to the Parliament humbly to request and desire in Name of the Kirk the granting of such Heads and Articles and redress of such Complaints as should be given to them by the Kirk c. So it is in the Mss. and so Spotswood and Petrie have it Before I proceed there is one seeming difficulty which must be removed it is that this General Assembly met before the Parliament How then could it be that Act of Parliament which so awakened them But the Solution is easy In those times Parliaments did not sit so long as they are in use to do now but all things were prepared and in readiness before the Parliament met Proclamation was made a month or so before the Parliament was to meet requiring all Bills to be given in to the Register which were to be presented in the succeeding Session of Parliament that they might be brought to the King or Regent to be perused and considered by them and only such as they allowed were to be put into the Chancellors hands to be proponed to the Parliament and none other c. Whoso pleases may see this account given by King Iames the Sixth of Scotland and First of England to his English Parliament in his Speech dated 1607. Indeed the thing is notorious and Calderwood himself gives a remarkable instance of this method for he tells how in the end of April or beginning of May 1621. A Charge was published by Proclamation commanding all that had Suits Articles or Petitions to propone to the Parliament to give them into the Clerk of the Register before the twentieth day of May that by him they might be presented to so many of the Council who were appointed by his Majesty to meet some days before the Parliament and to consider the said Bills Petitions and Articles with Certification that the same should not be received read nor voted in Parliament except they were passed under his Highness hand And yet the same Calderwood tells us That the Parliament was not appointed to meet till the Twentieth and Third of Iuly so that here were two full months between the giving in of the Bills c. and the Meeting of the Parliament This being the Custom in those times it is easy to consider how the General Assembly tho it met some days before the Parliament might know very well what was to be done in Parliament for if this Bill was allowed by the then Regent to be presented there was no doubt of its passing And that it was very well known what the Parliament was to do in that matter may be further evident from Iohn Knox's Letter directed at that time to the General Assembly wherein he is earnest with them that with all Vprightness and Strength in God they gainst and the mercyless Devourers of the Patrimony of the Church telling them that if Men will spoil let them do it to their own Peril and Damnation but it was their Duty to beware of communicating with their sins but by publick protestation to make it known to the world That they were innocent of Robbery which would e're long provoke Gods Vengeance upon the Committers c. From which nothing can be clearer than that he had a special eye to that which was then in agitation and to be done by the Parliament
of a sense they had of the Necessity of the Ecclesiastical Estate Now 't is to be Remembred that those who appeared for the Queen were Protestants as well as these who were for her Son No Man I think will deny but the subsistence of the Ecclesiastical Estate and their Vote in Parliament was confirmed and continued by the Agreement of Leith Anno 1572. Indeed When the Project for Parity amongst the Officers of the Church was set on Foot by Melvil Anno 1575 and some of the Clergy were gained to his side and they were using their utmost endeavours to have Episcopacy overturned it seems this was a main difficulty to them a difficulty which did very much entangle and retard their purpose This I say that the overturning Prelacy was the overturning one of the three Estates of Parliament This is evident not only from Boyd Arch Bishop of Glasgow his Discourse to the General Assembly Anno 1576. mentioned before but also from the two Letters I have often named which were written to Mr. Beza the one by the Lord Glamis Anno 1576 or 1577 the other by Mr. Melvil Anno 1579. Because they contribute so much light to the matter in hand I shall once more resume them Glamis was then Chancellor of Scotland It is manifest he wrote not indeliberately or without advice Undoubtedly he stated the Question according to the sense the Generality of People had then of it Now he states it thus Seeing every Church hath its own Pastor and the Power of Pastors in the Church of Christ seems to be equal The Question is whither the Office of Bishops be Necessary in the Church for convocating these Pastors when there is need for Ordaining Pastors and for Deposing them for just Causes Or whither it be better that the Pastors Acting in Parity and subject to no Superiour Bishop should choose Qualified Men for the Ministery with consent of the Patron and the People and Censure and Depose c. For Retaining Bishops we have these two Motives One is the stubbornenss and ungovernableness of the People which cannot possibly be kept within Bounds if they are not over-awed by the Authority of these Bishops in their visitations The other is that such is the constitution of the Monarchy which hath obtain'd time out of mind that as often as the Parliament meets for consulting about things pertaining to the safety of the Republick nothing can be determined without the Bishops who make the Third Estate of the Kingdom which to change or subvert would be extremely perilous to the Kingdom So he from which we may learn two things The First is a farther confirmation of what I have before asserted to have been the sentiment of these times concerning the Election of Pastors namely that it was that they should be Elected by the Clergy and that the People should have no other Power than that of Consenting The other is pat in Relation to our present business namely that the Ecclesiastical Estate was judged Necessary by the constitution of the Monarchy It could not be wanting in Parliaments It was to run the hazard of subverting the constitution to think of altering it or turning it out of doors And Melvil's Letter is clearly to the same purpose We have not ceased these five years to fight against Pseudepiscopacy many of the Nobility resisting us and to press the severity of Discipline We have presented unto his Royal Majesty and three Estates of the Realm both before and now in this Parliament the form of Discipline to be insert amongst the Acts and to be confirmed by publick Authority We have the Kings mind bended towards us too far said I am sure if we may take that Kings own word for it but many of the Peers against us For they alledge if Pseudepiscopacy be taken away one of the Estates is pulled down If Presbyteries be erected the Royal Majesty is diminished c. 'T is true Melvil himself here shews no great kindness for the third Estate But that 's no great matter It was his humor to be singular All I am concerned for is the publick sentiment of the Nation especially the Nobility which we have so plain for the Necessity of the Ecclesiastical Estate that nothing can be plainer Nay So indisputable was it then that this Ecclesiastical Estate was absolutely necessary by the constitution that the Presbyterians themselves never called it in Question never offered to advance such a Paradox as that it might be abolished After they had abolished Episcopacy by their Assembly 1580 the King sent several times to them telling them He could not want one of his three Estates How would they provide him with ane Ecclesiastical Estate now that they had abolished Bishops Whoso pleases to Read Calderwood himself shall find this point frequently insisted on What returns gave they Did they ever in the least offer to return that the having ane Ecclesiastical Estate in Parliament was a Popish Corruption That it was ane unwarrantable constitution That it was not Necessary Or that the constitution might be i●●ire enough without it No such thing entered their thoughts On the contrary they were still clear for maintaining it They had no inclination to part with such a valuable Right of the Church Their Answer to the Kings Demands was still one and the same They were not against Churchmens having vote in Parliament But none ought to vote in name of the Church without Commission from the Church And this their sentiment they put in the very Second Book of Discipline for these are word for word the seventeenth and eighteenth Articles of the eleventh Chapter 17. We deny not in the mean time that Ministers MAY and SHOVLD assist their Princes when they are required in all things agreeable to the word of God whither it be in Council or Parliament or out of Council Providing always they neither neglect their own charges nor through slattery of Princes hurt the publick Estate of the Kirk 18. But generally we say that no Pastor under whatso●ver Title of the Kirk and specially the abused Titles in Popery of Prelates Chapters and Convents ought to attempt any thing in the Churches name either in Parliament or out of Council without the Commission of the Reformed Kirk within this Realm And It was concluded in the Assembly holden at Dundee March 7. 1598. That it was NECESSARY and EXPEDIENT for the well of the Kirk that the Ministery as the third Estate of this Realm in name of the Church have vote in Parliament So indubitable was it in these times that the Ecclesiastical Estate was necessary and that it could not be wanting without the notorious subversion of the constitution of Parliaments Indeed it was not only the sentiment of General Assemblies whatever side whither the Prelatical or the Presbyterian prevailed but it was likewise the sentiment of all Parliaments It were easy to amass a great many Acts of a great many Parliaments to
this purpose I shall only instance in a few Thus The eight Act Parl. 1. Iac. 6. holden in Decemb. 1567 appoints the Coronation Oath to be sworn by the King And it is one of the Articles of that Oath That he shall Rule the People committed to his Charge according to the loveable Laws and Constitutions received in this Realm no wise repugnant to the word of the Eternal God Now I think this Parliament made no Question but that the Fundamental Law of the Constitution of Parliaments was one of these Loveable Laws and Constitutions received in this Realm no wise repugnant to the word of the Eternal God Indeed The 24 th Act of that same Parliament is this word for word Our Soveraign Lord with advice and consent of his Regent and the three Estates of Parliament has Ratified and Ratifies all Civil Priviledges granted and given by our Soveraign Lords Predecessors to the Spiritual Estate of this Realm in all points after the form and tenor thereof Than which there cannot be a more Authentick Commentary for finding the true sense and meaning of the Coronation Oath in Relation to our present purpose I shall only adduce two more but they are such two as are as good as two thousand The 130 th Act Parl. 8. Iac. 6. Anno 1584 is this word for word The Kings Majesty considering the Honour and the Authority of his Supreme Court of Parliament continued past all memory of Man unto these days as constitute upon the free votes of the three Estates of this Ancient Kingdom By whom the same under God has ever been upholden Rebellious and Traiterous Subjects punished the good and faithful preserved and maintained and the Laws and Acts of Parliament by which all men are Govern'd made and Established and finding the Power Dignity and Authority of the said Court of Parliament of late years called in some doubt at least some such as Mr. Andrew Melvil c. curiously travelling to have introduced some Innovations thereanent His Majesties firm will and mind always being as it is yet that the Honour Authority and Dignity of his saids three Estates shall stand and continue in their own integrity according to the Ancient and Loveable custome by-gone without any alteration or diminution THEREFORE it is Statuted and Ordained by our Soveraign Lord and his said three Estates in this present Parliament that none of his Leiges and Subjects presume or take upon hand to impugne the Dignity and the Authority of the said three Estates or to seek or procure the Innovation or Diminution of the Power and Authority of the same three Estates or any of them in time coming under the pain of Treason Here I think the necessity of the three Estates whereof the Ecclesiastical was ever reckoned the first is asserted pretty fairly Neither is this Act so far as I know formally repealed by any subsequent Act And whosoever knows any thing of the History of these times cannot but know that it was to crush the Designs set on foot then by some for innovating about the Spiritual Estate that this Act was formed The other which I promised is Act 2. Parl. 18. Iac. 6. holden Anno 1606. Intituled Act anent the Restitution of the Estate of Bishops In the Preamble of which Act we are told That of late during his Majesties young years and unsetled Estate the Ancient and FUNDAMENTAL Policy consisting in the Maintainance of the THREE ESTATES of Parliament has been greatly impaired and almost subverted Specially by the Indirect Abolishing of the Estate of Bishops by the Act of Annexation of the Temporality of Benefices to the Crown That the said Estate of Bishops is Necessary Estate of the Parliament c. Such were the Sentiments of these times So Essential was the Ecclesiastical Estate deem'd in the Constitution of Scottish Parliaments And no wonder For no man can doubt but it was as early as positively as incontestedly as fundamentally and unalterably in the constitution as either the Estate of Nobles or the Estate of Burrows There is no Question I think about the Burrows As for the Estate of Nobles 't is certain all Barons were still reckoned of the Nobless The lesser Barons in Ancient times were still reckoned a part of the Second never a distinct Estate of Parliament and they must quit all pretensions to be of the Nobless when they set up for a distinct Estate Setting up for such they are no more of the Nobility than the Burrows And then If two Estates can vote out one and make a Parliament without it If they can split one into two and so make up the three Estates Why may not one split it self as well into three Why may not the two parts of the splitted Estate joyn together and vote out the Estate of Burrows Why may not the Nobility of the First Magnitude joyn with the Burrows to vote out the smaller Barons Why may not the smaller Barons and the Burrows vote out the greater Nobility After two have voted out one why may not one the more numerous vote out the other the less numerous When the Parliament is reduced to one Estate why may not that one divide and one half vote out the other And then subdivide and vote out till the whole Parliament shall consist of the Commissioner for Rutherglen or the Laird of or the Earl of Crawford Nay why may not that one vote cut himself and leave the King without a Parliament What a dangerous thing is it to shake Foundations How doth it unhinge all things How plainly doth it pave the way for that which our Brethren pretend to abhor so much viz. a Despotick Power ane Absolute and unlimited Monarchy But enough of this To conclude this point there 's nothing more notorious than that the Spiritual Estate was still judged Fundamental in the Constitution of Parliaments was still called to Parliaments did still Sit Deliberate and Vote in Parliaments till the year 1640 that it was turned out by the then Presbyterians And our present Presbyterians following their footsteps have not only freely parted with but forwardly rejected that Ancient and valuable Right of the Church Nay they have not only rejected it but they declaim constantly against it as a Limb of Antichrist and what not And have they not herein manifestly Deserted the undoubted principles and sentiments of our Reformers It had been easy to have ennumerated a great many more of their notorious Recessions from the principles of the Reformation e. g. I might have insisted on their Deserting the principles and practices of our Reformers about the Constitution of General Assemblies about Communion with the Church of England about the Civil Magistrates Power in Church Matters justly or unjustly is not the present Question and many more things of considerable importance Nay which at first sight may seem a little strange as much as they may seem to have swallowed down the principles of Rebellion and Arm'd Resistances against Lawful Soveraign
THE Fundamental Charter OF Presbytery As it hath been lately Established IN THE Kingdom of SCOTLAND Examin'd and Disprov'd By the History Records and Publick Transactions of our Nation Together with a PREFACE Wherein the Vindicator of the Kirk is freely put in mind of his Habitual Infirmities LONDON Printed for C. Brome at the Gun at the West End of St. Paul's Church-yard 1695. THE PREFACE THis Article which I have now examined was no sooner Established in our Scottish Claim of Right than I turn'd serious to satisfy my self about it I thought it concern'd me as a Scottish man to understand as well as I could That which made such a Figure in the Original Contract between King and People I thought I was no less concern'd as a Christian to be Resolv'd about its Merits I perceiv'd it might readily affect my practice And tho I abhor as heartily as any man all breaking of the Churches peace for Rattles or Nutshels Yet I could not but reckon of it as a matter of Conscience to me to Endeavour to be sure that I built neither my Faith nor my Obedience in a matter of such Consequence as I take the Government of the Church to be on a Deceitful bottom Perhaps I was bound to be inquisitive by some other Reduplications not needful to be Named I had not spent much Application about it when I was satisfied and thought I had Ground to hope the Wisdom of the Nation after more Deliberate Researches might find it Reasonable either to Restore to the Church Her Ancient and Iust Government or settle the New One on some at least more Specious Basis. But I was Disappointed For Three Sessions of Parliament are now over And the Article is so far from being either Retracted or Corrected that on the Contrary It hath been still insisted on and Deem'd sufficient to support very weighty Superstructures Each Session hath Erected some new thing or other upon it This with the importunity of some Friends at last Determin'd me to Enquire more fully and minutely into the value of the Article And the Work hath swell'd to such a bulk as you see I confess I cannot Apologize sufficiently for my adventuring to Expose such ane ill Composure to the publick view Especially Considering how Nice and Critical if not Picq't and Humorsome an Age we live in I ever thought that much of the Beauty as well as of the Vtility of Books lay in Good Method and a distinct Range of Thoughts And I cannot promise that I have observed That so punctually as Clearer Heads might have done I have less Reason to be Confident of the Stile 'T is hard for most Scottish men to arrive at any tolerable Degree of English Purity Our greatest Caution cannot prevent the Stealing of our own Words and Idioms into our Pens and their dropping thence into our writings All things considered I have as little Reason to think I have Guarded or could Guard against them as any Scottish man For not only have mine opportunities all my life been none of the best But for finding Materials for the following Papers I was obliged to Read so many Books written in Right Broad Scotch and take so many Citations from them that 't is little to be wondered if my Book abounds with Scotticisms I thought my self bound to be faithful in my Citations and I can promise I have been that I could not Reason from the Authority of these Citations without using the Terms and Phrases which are in them This no doubt makes the Scotticisms Numerous And I shall not deny that my familiar acquaintance with these Books together with the prejudices of Education Custom and Constant Converse in the plain Scottish Dialect may have occasioned many more Neither shall I be over Confident that where I have adventured to Reason any point I have done it to every mans Conviction I may have been as other men apt to impose on my self and think I have advanced just propositions and drawn fair Consequences when I have not done it No doubt most men have such a Kindness for themselves as too commonly inclines them to applaud their own thoughts and judge their own Reasonings Just and Solid when they are but Coarse enough And others may very easily discover where the mistake lies Yet this I can say for my self I have done what I could to Guard against all such prejudice and partial Byass Sensible of these infirmities I intreat the Readers favourable and benign Censures This I can tell him ingenuously If I could have done better I should not have Grudg●d him the pleasure of it But perchance that which I am more concern'd to account for is what Assistances I had for what I have advanced in the following Sheets And here I must Confess I had not all the Advantages I could have wished Such are my present Circumstances That I could not Rationally propose to my self to have Access to the publick Records either of Church or State And no doubt in this I was at a Considerable loss For he who Transcribes from Authentick Records Doth it more Securely than he who has things only from Second hands Yet I don't think this Disadvantage was such as should have intirely Discouraged me from the Attempt I have made For some of my Authors had Access to the publick Registers And I am apt to believe there was not much to be found there Relating to the Controversies I have managed which they have not published So that tho 't is possible I might have been better yet I cannot think I was ill provided of Helps I cannot think any of my Presbyterian Brethren can be provided much better The principal Authors from which I have collected my Materials are these Buchanan's History published at Frankfort Anno 1594 Ieslie's History at Edenburgh 1675. King Iames the Sixth's Works in English at London 1616. Archbishop Spotswood's History of the Reformation of the Church of Scotland at London Anno 1655. His Refutatio Libelli c. Lond. An. 1620. The True History of the Church of Scotland c. said to be written by Mr. David Calderwood published An. 1678. Mr. Petrie's History of the Catholick Church c. Tom. 2. printed at the Hague Anno 1●62 Sir Iames Melvil's Memoirs The Old Scottish Liturgy The Lord Herbert's History of the Life of King Henry 8. Doctor Heylin and Doctor Burnet's Histories of the Reformation of the Church of England Calvin's Epistles printed at Geneva Anno 1617. Beza's Epistles till the year 1573. Acts and Monuments by Fox c. I have likewise considered our printed Acts of Parliaments The printed Acts of the General Assemblies from the year 1638. And as many Pamphlets as I could find Relating to the Matters on which I insist 'T is needless to Name them here You may find them named as Occasion required in my Book There are two Books which I must insist on a little One is A Manuscript Copy of the Acts of our Scottish Assemblies from
concern'd for is this that If they kept a Correspondence there at that time if they got encouragement or Advice thence to comply with the Toleration If they were instructed to comply with it in subserviency to the ensuing Revolution If these things were I say then what a villany was it in them to Address to K. I. in such a manner If they had known nothing of any Designs for setting him beside his Throne If they had been privy to no intriques against him If it had been nothing but a surprize occasioned by such ane unexpected Liberty that prevailed with them to Address to him in such Terms as they did on that occasion something might have been pleaded to extenuate their guilt at least tho' they had complyed with the Designs of the Revolution afterwards when they saw it prevailing Their Ignorance of Intrigues and the Politick Designs were then on foot and the possibility of their having been sincere when they Addressed so to him might have been pleaded in Alleviation of the Dishonesty of their not performing what they promised in their Address And it might have passed on with the common croud of infirmities which usually surprize men of weak resolution in such Critical junctures But to be on Plots and Intrigues against him To snatch at his Concessions that they might be in a condition to ruine him and in the mean time to make such protestations to him to flatter and cajole him at such a rate meerly of Design to wheedle him into a deep security that they might the more expeditely and effectually supplant and ruine him was such ane instance of iniquity of Antichristian craft of rank and vile cheatry as can scarcely be parallell'd in History And so I leave it Thus I have given half a dozen of instances which might be sufficient in all reason for exposing our Authors goodly Impudence And yet they may be reckoned amongst the most innocent of many scores that might be collected in his writings But 't is not my present purpose to pursue him in all his wild careers I shall therefore insist only on three or four things more which as I take it may be sufficient to give the world a surfeit of him The things I am to to take notice of are some Impudent shifts he has betaken himself to for extricating himself when at any time he or his Cause was put to it by any present difficulty In such Cases no Rule obliges him no Law binds him no Equity bounds him no Shame bridles him no sense of Reputation over-aws him Thus e. g. 7. Before he shall be forced to yield in his Argument or seem to be non-plus't he shall not fail to furbish his Talent and make it keen enough for combating the Common sense of the whole Nation It were ane endless work to trace him thro' all instances he has of this Nature What possessions have any of the Episcopal Clergy been deprived of unless for Crimes against the State 2 Vind. p. 6. now who knows not that more than 300 who were outed by the Rabble were deprived of their Possessions and that by ane Act of Parliament without so much as being Charged with any Crime or tryed by any Court Again The Author of the Second Letter had called it K. I.'s Retirement when he left England and went to France So he Termeth says G. R. 2 Vind. p. 23 that which the Parliament called King James's abdicating the Government Now his Author was a Scottish man and writing upon Scottish Hypotheses and about Scottish affairs so that if G. R. spake sense he spake of the Scottish Parliament But I am satisfied that the world reckon me as Impudent as G. R. is really if there is so much as one syllable or any thing that looks like ane intimation of King I.'s either Abdicating or Deserting the Government in any Scottish Declaration or Law or Claim of Right In any publick Deed done by the Nation Again 2 Vind. p. 36. He says That most of them who were thrust out by the Rabble were put out by their own Consciences But after this what might he not have said To trace him thro' all such instances I say would be ane endless work I shall therefore confine my self to two One a Matter of Fact Another a Matter of Right or rather a mixt matter in which both Right and Fact are concerned The Matter of Fact shall be that story he so frequently insists on about my Lord Dundee's 2000 men c. in his Second Vindication About the time the Convention of Estates was to sit down a Design was discovered framed by the Viscount of Dundee and others to surprize and seize the Convention and for this end had secretly got together of K. J. 's disbanded Souldiers and others about 2000 strangers in Edenburgh p. 11 This Plot did our Author a great many services It occasioned those of the West to gather as many into Edenburgh to oppose them and secure the Convention ibid. Mark here they were those of the West who Gathered the Rabble into Edenburgh and this Gathering was only occasional and of their own proper motion Mark these things I say and compare them with what follows Again That there was a Design to fall on the Ministers of Edenburgh is affirmed on no ground and without any Truth Or that the Colledge of Justice Arm'd in their Defence It was rather on the same Design on which the Viscount of Dundee had gathered forces into the Town and it was for opposing of them and not for Assaulting the Ministers of Edenburgh ibid. 39 And p. 40 The thanks the Rabble got was for their zeal in Defending the Convention from that opposite Rabble viz. the 2000 men Dundee and others had gathered into Edenburgh to have seized the Convention Again p. 96 That the Western Rabble which came to Edenburgh in the time of the Convention were in Arms against Law says he is false for they were called by the Authority of the Estates as their Guard when their Enemies had gathered a formidable party into Edenburgh And tho' they were together before the Earl of Levin got the command yet not before they were called together by the Estates ibid. And p. 110 He Dundee had gathered a formidable party to destroy the Convention of Estates and they gathered a force for their own security Now One who is a meer stranger to Scottish affairs finding this Plot of Dundee's so confidently asserted so frequently insisted on made use of to serve so many turns would seem to have Reason to believe that there was really such a Plot and that all this was uncontrovertible Matter of Fact For how is it to be imagined that one who undertook to be the Vindicator of the Kingdom of Scotland should talk so boldly of such a Recent Matter of Fact if there was no such thing really And yet The whole Nation knows this whole Matter is as Notorious Figment as Arrant Poesie as is in all
therefore finding no other way to avoid its Dint he straight impugns the Power of King and Parliament Take his own words 2 Vind p. 90 But he should have considered says he that whatever Motive the Estates went upon it is Declared against in the Claim of Right as a Grievance and therefore cannot be restored without overturning the Foundation of our present Civil settlement He is at this again in other places upon the like occasions particularly p. 152. Now Not to insist on the Irreligion and Godlessness of that wild fetch viz. That whatsoever the Motives were which induced men to Establish any thing yet being once Establish't it cannot be altered Not to insist on the notorious unreasonableness of separating the Conclusion of the Estates from their Premisses and saying the Conclusion must stand tho' the Premisses be rejected tho' they Established the Conclusion on the strength they apprehended was in the Premisses Not to insist on the the Ridiculousness of saying that Episcopacy cannot be restored without overturning the Foundation of the present civil Settlement Tho nothing can be more Ridiculous than to say that the foundations of the present civil Settlement are Subverted if all Ecclesiastical Grievances are not Redressed Not to insist that our Author spake very much at Random when he called the Abolition of Episcopacy one of the Fundamentals of the present Civil Settlement considering that the present Civil Settlement was not only Founded but Finished a good time before the Abolition of Episcopacy Not to insist on these things I say However Momentous Consider only how directly and plainly he Impugns the power of King and Parliament by saying They cannot Restore Episcopacy without Subverting the Foundations of the present civil Settlement What is this less than that if King and Parliament should Restore Episcopacy they should break their Original contracts Than that both should forfeit their Titles Than that the King should be no more King and the Parliament should be no more Parliament Is it not clear that with our Author the Articles of our present Claim of Right are unalterable Unchangeable Rules both to King and Parliament Now if this is not to impugn their power I know not what can be In effect it is to Evacuate the usefulness of all Soveraign power For where lyeth its usefulness if it is not able to rectify what is amiss even in the Constitution But how can it rectify what is amiss in the Constitution if the Constitution Right or Wrong is unalterable For my part I cannot see but there is still that Supreme power in the Nation which was when the present civil Settlement was made And as it might while it was a making Settlements have made either another or the same with twenty little varieties so it may still alter that which is made I cannot think that it either Disabled or Exhausted it self so as to be no more capable of providing farther or otherwise for the Good of the Nation when it shall find it necessary In short Is not that same power still in the Nation which established the Claim of Right if it is not what is become of it How can the Nation subsist without a Supra-Legal Supra-Original-Contract Supra-claim of Right Power It had it once otherwise how could it ever have had Laws or Claims of Right or Original Contracts And must it not have it still Has it lost it Or thrown it away Or has any body taken it from it But if it is still to the fore If the Nation is still possessed of it where is it ●odged if it is not Lodged in King and Parliament Was there more power in the meeting of Estates than there is now in King and Parliament How came the meeting of Estates by it then Or whether is it vanished now What is become of it Especially I think 'T was pretty bold to say that the same power is not in the present King and the present Parliament Considering that the present Parliament is that same very individual thing with the meeting of Estates by which the claim of Right was Created Cannot the same the very same Creators pretend to a power of Altering their own ill-made Creature and make it Better Had they more power under One name than under Another Or have they weakened or lost their power by communicating it to their King so that there is not so much power Now in him and them both together as there was once in them Singly And now let the Reader Judge if G. R. for avoiding a difficulty has not impudently run himself into the Guilt of the most Atrocious the most Criminal the most Treasonable Treason The Treason of impugning the power of King and Parliament This was odd enough for one in his circumstances But yet the next step seems to me a little more Surprizing For. 9 On several occasions he has not stood on disgracing his own dear party the Presbyterians themselves and most undutifully as well as impudently discovering their Nakedness I shall not insist on all instances that might be adduced to this purpose particularly his Loading the Cameronians with so much Guilt and so many hard Names upon every turn The Cameronians I say these Men of plain principles these a vowed Covenanters these most Orthodox and Honest Presbyterians in the Nation even them tho they are the true Champions of the Cause and were the principal promoters of the Presbyterian interest in the beginning of the late Revolution he has Lasht to purpose when his Argument requir'd it as may be seen in every page almost of his Second vindication But this I shall not insist on I say leaving him and them to reckon for it if they shall think it fit I shall take notice only of one very tender Secret of his own Anomalous Species of pretended Presbyterians which he has even needlessly and by consequence very foolishly and undutifully exposed He has in his Books made many more inexcusable off●cious Lies than if he had made One for covering such a Mighty Shame of theirs But 't is hard for one of his prudence to avoid such escapes when pressed with a pungent Argument The matter is this The Author of the Case of the afflicted Clergy had said that the Presbyterian Ministers never preached against the disorders of the Rabble Now hear G. R. 2 vind p. 97. This is False tho we thought not sit to make that our constant Theme Now that Rabbling work was such a Barbarous and Vnchristian work that one would think it had not misbecome the Presbyterian Ministers themselves to have made it at least very much their Theme on that occasion But the Secret is not here He adds And if but few did it It was because they who were the Actors in that Scene little Regarded the preaching of the Sober Presbyterians A great many things may be observed here For besides that he owns they were but few who prea●hed against the Rabbling It might be of use to enquire at
Sixteenth of Ianuary and that matters were not finally concluded and ended till the First of February But was it not a corrupt Convention Did it not allow Pont a Minister to be a Lord of the Session A mighty Demonstration sure of its Corruption Well! Suppose it was a Corruption was it such a plag●y one as infected all the other Acts of that Convention Is one corrupt Act of ane Assembly enough to reprobate all the rest of its Acts If so I think it will fare ill with a good many Assemblies Whither was it a Corruption in ane Assembly to oblige men to do pennance for doing their Duty to declare against the Kings Negative Voice in Parliament and so to Unking him c. But to go on why should this Assembly bear the whole Blame of this Corruption if it was one was it not ratified by a subsequent Assembly And should not it bear its share Both Authors knew this very well for both of them record it It was the Assembly holden at Eden March 6. 1573. The Regent craved some learned Men of the Ministery they are Calderwood's own words to be placed Senators of the College of Iustice. The Assembly after reasoning at length voted that none was able to bear the said two Charges and therefore inhibited any Minister to take upon him to be a Senator of the College of Iustice Master Robert Pont only excepced who was already placed with advice and consent of the Kirk Petrie gives the same account only he ends it thus By Advice c. He thought it expedient it seems to conceal the mention made of the Kirk And no doubt he did wisely i. e. suitably to his purpose for Calderwood added it but foolishly considering that there could not be a clearer Acknowledgement of the Authority of the Convention at Leith than giving it thus the name of The Kirk but what needs more If this was a Corruption it was one even in the times of Presbytery after the year 1580. For did not Pont even then continue to be a Lord of the Session Or will our Brethren say that 't is a fault to introduce a Corruption but it is none to continue it when it is introduced All this is said upon the supposition that it was a Corruption tho I am not yet convinced that it was one at least so great a one as might have given ground for all this stir about it I doubt if the Members of this Assembly at Leith had been through paced Parity-men vigorous for the Good Cause it should no more have been a Corruption in them to have allowed Pont to sit as a Lord of Session than it was in the Kirk once upon a day to allow Mr. Alexander Henderson to sit as a Member of a Committee you know for what And so much for the first Plea proceed we to the 2. The Force the Court at that time put upon the Clergy to accept of that Establishment Calderwood is mighty on this Plea The Superintendent of Angus who had a principal hand in the Agreement at Leith a man too tractable might easily be induced by his Chief the Earl of Mar Regent for the time to condescend to the Heads and Articles of this Book And It was easy to the Court to obtain the Consent of many Ministers to this sort of Episcopacy Some being poor some being covetous and ambitious some not taking up the gross Corruption of the Office some having a Carnal Respect to some Noblemen their Friends And how often doth he impute it all to the Earl of Morton And Calderwood's faithful Follower G. R. in his First Vindication c. tells us that the Convention of Churchmen met at Leith was too much influenced by the Court. Now for answer to all this in the first place what if one should allow all that is alledged will it follow from that allowance that Prelacy was not then agreed to The Question is not how it was done but if it was done For if it was done it is ane argument that the Clergy then thought little on the indispensibility of Parity or that they were very bad men who tho they believed that indispensibility did yet agree to Prelacy 'T is true indeed Calderwood makes them here every whit as bad as that could amount to He makes them a pack of poor covetous ambitious ignorant Carnal Rogues who were thus Court-ridden But behold the Difference between Mercat days as we say the same Author when he comes afterward to tell who were appointed to compile the Second Book of Discipline a task agreeable to his temper gives the same Men who were Commissioners at the Agreement at Leith for they were generally nominated for that work a far different Character Our Kirk hath not had worthier men since nor of better Gifts This might be enough yet I will proceed further because what I have to say may be useful for coming by a just sense of the state of affairs in these times I say therefore That all this Plea is meer groundless Noise and Fiction The Court had no imaginable reason for pressing this Establishment which was not as proper for the Clergy to have insisted on and the Clergy had one Reason more than the Court could pretend to The great Reasons the Court could then insist on what else could they be than that Episcopacy stood still established by Law That according to the fundamental Constitution which had obtained time out of mind the Ecclesiasticks had made one of the Three Estates of Parliament That such ane Essential Alteration in the civil Constitution as behoved necessarily to result from the want of that Estate being the First of the Three was infinitely dangerous at any time as tending to turn the whole Constitution loose and shake the very Foundations of the Government That it tended to the Subversion of the High Court of Parliament and naturally and necessarily inferred Essential Nullities in all the Meetings the other two Estates could have and all the Acts they could make That it was more dangerous at that time during the Kings Minority to have the Constitution so disjoynted than on other occasions That whosoever was Regent or whosoever were his Counsellors might be called to ane account for it when the King came to perfect Age And it was obvious that it might easily be found High Treason in them that they had suffered such Alterations That the best way to preserve the Rights of the Church and put her and keep her in her Possession of her Patrimony was to preserve that Estate That the best way to preserve that Estate was to continue it in the old tryed wisely digested and long approven Constitution of it What other arguments I say than these or such as were like them can we conceive the Court could then make use to perswade the Clergy to agree to the Old Polity Is it to be imagined they turn'd Theologues and endeavoured to indoctrinate the Clergy
Schism which then prevailed there as foreseeing that Episcopacy might readily be deem'd a remedy against so great ane evil joyn'd So●thenes with himself in the Inscription of the Epistle that by his own example he might teach how much that Princeliness was to be avoided in Ecclesiastical Conventions seeing the Apostles themselves who are owned to have been next to Christ first in order and supreme in degree did yet Exercise their power by the Rules of Parity Who will not at first sight think this a pretty odd fetch But to go on he further affirms That Episcopacy is so far from being a proper remedy against Schism that it has produced many Grievous Schisms which had never been but for that Humane Invention That the Papacy was the fruit of Episcopacy That the Council of Nice by making that Canon about the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that the Ancient customes should continue c cleared the way for the Roman Papacy which was then advancing apace And founded a Throne for that Whore that sits upon the seven Mountains That the Primitive Churches were in a flourishing condition so long as their Governours continued to Act in Parity And had not yeilded to Prelacy And yet he had granted before That humane Episcopacy as he calls it was in vogue in Ignatius his time c. So that I think they could not flourish much having so short a time to flourish in These few● of many such learned Propositions I have collected out of that Book which was so successful at that time in furthering and advancing the Presbyterian Principles in Scotland And could they be a learned Clergy Could they be great Masters at Antiquity and Ecclesiastical History who swallowed down these Propositions or were imposed on by the Book that contain'd them 'T is true this Book came not to Scotland till the end of the year 1577 or the beginning of 1578. But I thought it pardonable to anticipate so far as now to give this account of it considering how proper it was for my present purpose We shall have occasion to take further notice of it afterward Thus I think I have made it appear how advantageous Morton's Proposition was to the Presbyterian party They had occasion by it to fall upon forming a New Scheme of Church Governmet and Polity They were as well prepared as they could be for such a nick and they had a set of people to deal with who might easily be worsted in these Controversies However it seems the common principles of Politicks which God and Nature have made if not inseparable parts at least ordinary concomitants of sound and solid reason did sometimes make their appearances amongst them For that there have been Disputations and Contests and that some at least of the many propositions contained in the Second Book of Discipline have been debated and tossed is evident from the many Conferences were about it and the long time was spent before it was perfected and got its finishing stroke from a General Assembly as we shall find in our progress Proceed we now in our deduction Tho' the Presbyterian Faction had gain'd this advantage in the Assembly 1576 that they had allowance to draw a new Scheme of Polity to which they could not but apply themselves very chearfully yet it seems they were so much humbled by the Repulses they had got as to the main Question viz. the Lawfulness of Episcopacy that they thought it not expedient to try the next Assembly with it directly as they had done unsuccessfully twice before But to wait a little till their party should be stronger and in the mean time to content themselves with such indirect blows as they could conveniently give it such I say their deliberations seem to have been at the next Assembly which was holden at Edenburgh Octob 24. 1576. For not so much as one word in that Assembly concerning the Lawfulness or Unlawfulness of Prelacy either Simply and in it self Or Complexely as then in use in Scotland 'T is true Certain ●re●hren says the MS. some Brethren says Calderwood some says Petrie without Question the Melvilians proposed that now that Mr. Patrick Adamson was nominated for the Archbishoprick of St. Andrews He might be tryed as to his sufficiency for such a station according to ane Act made in March 1575. But it seems the major part of the Assembly have not been for it for it was not done as we shall find afterward Nay another Act was fairly dispenced with by this Assembly in favour of Boyd Archbishop of Glasgow For being required to give his answer if he would take the Charge of a particular Flock according to the Act made in April before He Answered That he had entered to his Bishoprick according to the Agreement at Leith which was to stand in force during the Kings Minority or till a Parliament should determine otherwise That he had given his Oath to the Kings Majesty in things appertaining to his Highness That he was affraid he might incur the Guilt of Perjury and be called in question by the King for changing a member of state if he should change any thing belonging to the Order Manner Priviledges or Power of his Bishoprick That therefore he could not bind himself to a particular Flock nor prejudge the power of Iurisdiction which he had received with his Bishoprick c. Thus he answered I say and the Assembly at that time satisfied themselves so far with this answer that they pressed him no further but referred the matter to the next Assembly as even both Calderwood and Petrie acknowledge A fair evidence that in this Assembly the Presbyterian party was the weaker However One indirect step they gain'd in this Assembly also By the First Book of Discipline Hedd 9. It was appointed that the Country Ministers and Readers should meet upon a certain day of the week in such Towns within six miles distance as had Schools and to which there was repair of Learned men to exercise themselves in the Interpretation of Scripture in imitation of the practice in use among the Corinthians mentioned 1 Cor. 14.29 These Meetings it seems had been much neglected and disfrequented in most places It was therefore enacted by this Assembly That all Ministers within eight miles c. should resort to the place of exercise each day of exercise c. This I say was useful for the Presbyterian designs For these Meetings were afterwards turn'd into Presbyteries as we shall find when we come to the year 1579. And so 't is very like the motion for reviving them was made by those of the Faction For no man can deny that they have still had enough of Draught in their Politicks The next Assembly was holden April 1. Anno 1577. No direct progress made now neither as to the main Question And only these indirect ones 1. The Archbishop of Glasgow was obliged to take the charge of a particular Flock if we
the work was set a going Amongst the first things done in this Ass it was enacted That Bishops and all others bearing Ecclesiastical Function should be called by their own names or Brethren in all time coming No more Lord Bishops and it was but consequential to the great Argument which was then and ever since hath been in the mouths of all the party The Lords of the Gentiles c. Matt. 20.25 Luke 22.25 This was a step worthy of Mr. Andrew's Humility which was not like other mens Humility's consisting in Humbling themselves but of a new species of its own consisting in Humbling of his Superiours Indeed after this he still treated his own Ordinary the Archbishop of Glasgow in publick according to this Canon Tho' when he was at his Graces table where he got better entertainment than his own Commons for he was then in the College of Glasgow he could give him all his Titles of Dignity and Honour But Another more important Act was made by this Assembly Take it word for word from Calderwood who agrees exactly with both the MS. and Pet. Forasmuch as there is great corruption in the State of Bishops as they are presently set up in this Realm whereunto the Assembly would provide some stay in time coming so far as they may to the effect that farther corruption may be bridled The Assembly hath concluded that no Bishop shall be Elected or Admitted before the next General Assembly Discharging all Ministers and Chapters to proceed any ways to the Election of the said Bishops in the mean time under the pain of perpetual Deprivation And that this matter be proponed first in the next Assembly to be consulted what farther Order shall be taken therein Here was ground gain'd indeed However this was but preparatory still Nothing yet concluded concerning the Vnlawfulness of the Office It was consistent with this Act that Episcopacy should have continued its corruptions being removed Neither are we as yet told what these corruptions were It seems even the Presbyterians themselves tho' in a fair condition now to be the prevailing party had not yet agreed about them Indeed another Assembly must be over before we can come by them Leaving them therefore till we come at them proceed we with this present Assembly Another Fast was appointed by it The Nation it seems was not yet sufficiently diposed for Presbytery Rubs and difficulties were still cast in the way and the good cause was deplorably retarded So 't is fairly imported in the Act for this Fast The corruption of all Estates Coldness in a great part of the Professors That God would put it in the Kings heart and the hearts of the Estates of Parliament to Establish such a Policy and Discipline in the Kirk as is craved in the word of God c. These are amongst the prime Reasons in the narrative of this Act for Fasting Indeed all this time the Book of Discipline was only in forming It had not yet got the Assemblies Approbation The next General Assembly met at Stirling Iune 11. this same year about six weeks or so after the Dissolution of the former But the Parliament was to sit and it was needful the Assembly should sit before to order Ecclesiastick business for it And now it seems there was little struggling For the Assembly all in one voice as it is in MS. Calderwood and Petrie concluded That the Act of the last Assembly discharging the Election of Bishops c. should be extended to all time coming And here Petrie stops But the MS. and Calderwood add ay and while the corruptions of the Estate of Bishops be all utterly taken away And they ordained That all Bishops already Elected should submit themselves to the Gen. Ass. Concerning the Reformation of the Corruptions of that Estate of Bishops in their Persons Which if they refused to do after Admonition that they should be proceeded against to Excommunication This Ass. met as I said on the 11 th of Iune and indeed it seems the weather has been warm enough Yet neither now did they adventure again upon the Main Question nor ennumerate the Corruptions of the Estate of Bishops By this Assembly a Commission was also granted to certain Persons to attend the Parliament and Petition that the Book of Discipline might be Ratified Tho' all the Articles were not as yet agreed to A pretty Odd overture to desire the Parliament to Ratify what they themselves had not perfectly Concerted The next Assembly met at Edenburgh Octob. 24. of that same year 1578. And it was but reasonable to have three Assemblies in six Months when the Church was so big with Presbytery And now the Corruptions so frequently talk't of before were ennumerated and the Bishops were required to Reform them in their Persons They were required 1. To be Ministers or Pastors of one Flock 2. To usurp no Criminal Iurisdiction 3. Not to vote in Parliament in Name of the Kirk without Commission from the General Assembly 4. Not to take up for maintaining their Ambition and Riotousness the Emoluments of the Kirk which ought to sustain many Pastors the Schools and the Poor But to be content with reasonable livings according to their Office 5. Not to claim the Titles of Temporal Lords nor usurp Civil Iurisdiction whereby they might be Abstracted from their Office 6. Not to Empire it over particular Elderships but be subject to the same So the MS. Calderwood and Petrie have it tho' Spotswood has the word Presbyteries Which I take notice of because the unwary Reader when he reads Presbyteries in Spotswood may take them for these Ecclesiastical Judicatories which now are so denominated whereas there were none such as yet in the Nation 7. Not to usurp the Power of the Pastors says the MS. nor take upon them to visit any Bounds not committed to them by the Church 8. And lastly If any more Corruptions should afterward be found in the Estate of Bishops to consent to have them Reformed These were the Corruptions and particularly at that same very time the two Archbishops were required to Reform them in their Persons What Adamson Archbishop of St. Andrews did or said on this occasion I know not But it seems he submitted not For I find him again required to do it by the next Assembly And that it was particularly laid to his charge that he had opposed the Ratification of the Book in Parliament But Boyd Archbishop of Glasgow did certainly behave at this Assembly like a Person of great worth and a Man of Courage suitable to his Character giving a brave and resolute Answer You may see it in Spot Cald. and Pet. I have not leisure to transcribe it But it pleased not the now too much Presbyterian Assembly and no wonder for he spake truely like a Bishop The next Assembly was holden at Edenburgh in Iuly Anno 1579. The King sent a Letter to them whereby he signified his dislike of their
former proceedings and fairly advised them to shew more temper and proceed more deliberately Calderwood calls it ane Harsh Letter It is to be seen word for word both in him and Petrie But what had they to do with the Kings of this World especially such Babie Kings as King Iames was then they I say who had now the Government of Christs Kingdom to settle However no more was done against Prelacy at this time than had been ordered formerly Indeed there was little more to be done but to declare the Office abolished But that it seems they were not yet Ripe for Perchance the Corruptions mentioned before had proved a little Choaking and peoples stomachs could not be so soon disposed for another dish of such strong meat in ane instant so that was reserved till the next Assembly Nevertheless In the mean time take we Notice of one thing which we never heard of before which started up in this Assembly and which must not be forgotten It was proposed by the Synod of Lothian saith Calderwood That a General Order might be taken for Erecting of Presbyteries in places where publick exercise was used until the Polity of the Church might be Established by Law And it was Answered by the Assembly That the exercise was a Presbytery A Presbytery turned afterwards and now is one of the most specifick essential and indispensible parts of the Presbyterian constitution Provincial Synods can sit only twice in the year General Assemblies only once according to the Constitution 'T is true 't is allowed to the King to Convocate one extraordinarily pro re natà as they call it And the Kirk claims to have such a power too as she sees occasion But then 't is as true that Kings have been so disgusted at such meetings that they have hindred General Assemblies to meet for many years So that their meetings are uncertain and in innumerable cases there should be too long a Surcease of Ecclesiastical Iustice if Causes should wait either on them or Provincial Synods The Commission of the General Assembly as they call it is but ane accidental thing The suddain dissolution of a General Assembly can disappoint its very being as just now there is none nor has been since the last Assembly which was so surprizingly dissolved in February 1692. When there is such a Court it commonly sits but once in three Months and it meddles not with every matter Besides many of themselves do not love it and look upon it as ane error in the Custome of the Kirk for it was never made part of the Constitution by any Canon of the Kirk nor Act of Parliament But A Presbytery is a Constant Current Court They may meet when they will Sit while they will adjourn whither when how long how short time soever they will They have all the substantial Power of Government and Discipline They have really a Legislative Power They can make Acts to bind themselves and all those who live within their Jurisdiction and they have a very large Dose of Executive power They can Examine Ordain Admit Suspend Depose Ministers They can Cite Iudge Absolve Condemn Excommunicate whatsoever Criminals The Supreme power of the Church under Christ is Radically and Originally in them It is in General Assemblies themselves Derivatively only and as they Represent all the Presbyteries in the Nation and if I mistake not if a General Assembly should Enact any thing and the greater part of the Presbyteries of the Nation should Reprobate it it would not be binding and yet how necessary how useful how powerful so ever these Courts are tho' they are essential parts of the constitution tho' they may be really said to be that which Specifies Presbyterian Government This Time this seventh or eighth or tenth of Iuly Anno 1579 was the first time they were heard of in Scotland That which was called the Exercise before was nothing like a Court had no imaginable Iurisdiction Could neither Injoyn Pennance to the smallest Offender nor Absolve him from it It could exert no Acts of Authority It had not so much Power as the meanest Kirk-session It was nothing like a Presbytery and however it was said in this Assembly That the Exercise was a Presbytery yet that saying as omnipotent as a Presbyterian Assembly is did not make it one That was not a Factive proposition There were no Presbyteries erected at this time The First that was erected was the Presbytery of Edenburg And if we may believe Calderwood himself That Presbytery was not erected till the thirtieth day of May 1581. more time was run before the rest were erected They were not agreed to by the King till the year 1586. They were not Ratified by Parliament till the year 1592. And now let the Impartial Reader judge if it is probable that our Reformers who never thought on Presbyteries were of the present Presbyterian principles Were they Presbyterians who never understood never thought of never dream'd of that which is so Essential to the constitution of a Church by Divine Institution according to the present Presbyterian principles But doth not G. R. in his First Vindication of the Church of Scotland in Answer to the First Question § 8. tell us that the Real Exercise of Presbytery in all its meetings lesser and greater continued and was allowed in the year 1572 c. True he saith so But no Man but himself ever said so But I know the Natural History of this Ignorant blunder His Historian Calderwood had said that the Kirk of Scotland ever since the beginning had four sorts of Assemblies and this was enough for G. R. For what other could these four sorts of Assemblies be than Kirk-Sessions Presbyteries Provincial Synods and General Assemblies But if he had with the least degree of any thing like attention read four or five lines further he might have seen that Calderwood himself was far from having the brow to assert that Presbyteries were then in being For having said there were four sorts of Assemblies from the beginning he goes on to particularize them thus National which were commonly called General Assemblies Provincial which were commonly called by the General Name of Synods Weekly Meetings of Ministers and Readers for interpretation of the Scripture whereunto succeeded Presbyteries that is Meetings of many Ministers and Elders for the Exercise of Discipline and the Eldership of every Parish which others call a Presbytery In which account it is evident that he doth not call these weekly Meetings for interpretation of the Scriptures Presbyteries But says that Presbyteries succeeded to these weekly Meetings and he gives quite different Descriptions of these weekly Meetings and Presbyteries making the weekly Meetings to have been of Ministers and Elders for the interpretation of Scripture and Presbyteries to have been as they still are Meetings of many Ministers and Elders for the Exercise of Discipline 'T is true he might have as well said that Presbyteries succeeded to
Complements when he spent so many of his sweet words another of his Phrases so very pleasantly Thus did G. R. defend this part of the Article against the Arguments of his Adversaries But did he produce none for his own side of the Controversie Yes one and only one so far as I can remember It is in his Answer to the first of the four Letters § 7. The Letter written by the Military Chaplain as he was pleased to call him This Military Chaplain had said That the Church Party was Predominant in this Nation both for Number and Quality That it is not so says G. R. is evident from the Constitution of our Parliament This is the Argument Now not to enter upon dangerous or undutiful Questions about Parliaments I shall say no more at present but this When G. R. shall make it appear that all the Acts and Deeds of the present Parliament have been all alongst agreeable to the Inclinations of the Generality of the People or when he shall secure the other part of the Article against the Dint of this his own good Argument I mean when he shall make it appear that such reasoning is firm and solid in the present case and withal shall make it appear that the Deeds and Acts of twenty seven Parliaments he knows well enough who numbred them to him Ratifying and consuming Episcopacy cannot or ought not to amount to as good ane Argument for the Inclinations of the Generality of the People in former times When he shall make these things appear I say I shall then think a little more about his Argument This I think is enough for him At present I shall consider it no more Only now that he hath brought the present Parliament upon the stage I will take occasion to propose some few Questions which the minding of it suggests to me and I seriously desire not G. R. but some truly sensible ingenious and sober person of the Presbyterian perswasion Some person who had opportunity to know how matters went and a head to comprehend them and who has Candour and Conscience to relate things as they truly were or are To give plain frank direct and pertinent answers to them speaking the sense of his heart openly and distinctly without mincing and without ●ergiversation My Questions shall not in the least touch the Dignity or Authority of the Parliament All I design them for is to bring Light to the present Controversie And I ask 1. Whither the Presbyterian party did not exert and concenter all their Wit and Force all their Counsel and Cunning all their Art and Application all their Skill and Conduct in Politicks both before and in the beginning of the late Revolution for getting a Meeting of Estates formed for their purposes 2. Whither the Universal Vnhinging of all things then and the general Surprize Confusion and Irresolution of the rest of the Nation occasioned thereby did not contribute extraordinarily for furthering the Presbyterian Designs and Projects 3. Whither notwithstanding all this when the Estates first met they had not both great and well-grounded fears that their Projects might miscarry and they might be outvoted in the Meeting 4. Whither very many very considerable Members had not deserted the House before it was thought seasonable to offer at putting the Article about Church-Government in the Claim of Right 5. Whither tho' they got this Article thrust into the Claim of Right and made part of the Original Contract between King and People in the Month of April 1689. They were not to their great grief disappointed of the Establishment of their Form of Church-Government in the first Session of Parliament holden in Iune c. that same year 6. Whither in the beginning of the next Session which was in April 1690. they were not under very dreadful apprehensions of another disappointment And whither they would not have been very near to if not in a state of Despair if all the Anti-Presbyterian Members had unanimously conveen'd and sate in Parliament 7. After they had recovered from these fears and when they had the courage to propose the Establishment of their Government and it came to be voted in the House I ask if it was any thing like a full House Plainly if a third part of those who might have s●te as Members were present 8. Whither all those Members who voted for it at that time can be said to have done it from a Principle of Conscience or a firm perswasion they had that Prelacy was a great and insupportable Grievance and Trouble to the Nation and contrary to the Inclinations of the Generality of the People Or whither it may be said without Breach of Charity that not a few of the few voted so mainly from other principles such as Complyance with some Leading Statesmen c. 9. Whither those of the Presbyterian perswasion after they found that they had prevailed in the Parliament did not proceed to make the Act obliging all Persons in publick Stations to sign the Declaration called the Assurance as much if not more for securing the Government in their own hands and keeping out Anti Presbyterians than for strengthning K. W.'s interests 10. Whither they had not in their prospect the great difficulty of getting Presbyterian Ministers planted in Churches if Patronages should continue when they made the Act depriving Patrons of these their Rights And whither they had not in their prospect the as great difficulties of getting such Ministers planted if according to the true Presbyterian principles at least pretensions the calling of a Minister should have depended upon the plurality of voices in the Parish when they consented to such a Model for calling of Ministers as was Established in that same Session of Parliament 11. Notwithstanding that Act of Parliament which Abolished Patronages did notoriously encroach upon the Peoples power Legated to them by Christ in his Testament according to the Genuine Presbyterian principles by putting the Real power of calling Ministers in the hands of the Presbytery for the greater Expedition and security of getting Presbyterian Ministers planted in Churches notwithstanding all this I say I ask whither they did not meet with many difficulties and much impediment and opposition in the plantation of such Ministers in very many Parishes In consequence of this I ask 12. Whither it was not the sense of these difficulties and oppositions which so frequently encumbred them that made the Presbyterian Ministers so notoriously betray their trust which they pretend to have as Conservators of the Liberties and Privileges of Christs Kingdom and People when they consented that in the last Session of Parliament Christs Legacy should be so clogg'd and limited as that none shall have Power of giving voice in the calling of Ministers till they shall first swear the Oath of Allegiance and sign the Assurance 13. And lastly I ask whither our Presbyterian Brethren would be content that all that has been done in reference to Church Matters since the beginning of
Church after that he is well tryed and found qualified It ennumerates Fasting Prayer and imposition of hands of the Eldership as the Ceremonies of Ordination § 11 12. Now the whole Nation knows no such thing as either Tryal Fasting or imposition of hands are used by our present Presbyterians in the Ordination of Ruling Elders The Sixth Chapter is particularly concerning Ruling Elders as contra-distinct from Pastors or Teaching Elders And it determines thus concerning them § 3. Elders once Lawfully called to the Office and having Gifts of God fit to exercise the same may not leave it again Yet nothing more ordinary with our present Presbyterians than laying aside Ruling Elders and reducing them to a state of Laicks So that Sure I am if ever they were Presbyters they come under Tertullians Censure De Praescrip Hodie Presbyter qui cras Laicus A Presbyter to day and a Porter to morrow By the 9 th § of that same Chapter It pertains to them these Ruling Elders to assist the Pastor in examining those that come to the Lords Table and in visiting the Sick This Canon is not much in use I think as to the last part of it as to the first it is intirely indesuetude Indeed some of them would be wondrously qualified for such ane Office The Seventh Chapter is about Elderships and Assemblies By § 2. Assemblies are of four sorts viz. either of a particular Congregation or of a Province or a whole Nation or all Christian Nations Now of all these indefinitely it is affirmed § 5. In all Assemblies a Moderator should be chosen by common consent of the whole Brethren conveened Yet no such thing observed in our Kirk-Sessions which are the Congregational Assemblies spoken of § 2. But Ma● Iohn takes the Chair without Election and would not be a little grated if the best Laird in the Parish should be his Competitor Crawford himself the First Earl of the Kingdome had never the Honour to be Moderator in the Kirk Session of Ceres The 14 th Canon in the same 7 th Chapter is this When we speak of Elders of particular Congregations we mean not that every particular Parish Church can or MAY have their particular Elderships especially to Landward but we think three or four more or fewer particular Churches may have a common Eldership to them all to judge their Ecclesiastical Causes And Chapter 12. Canon 5. As to Elders there would be in every Congregation one or more appointed for censuring of manners but not ane Assembly of Elders except in Towns and Famous Places where men of Iudgement and Ability may be had And these to have a common Eldership placed amongst them to treat of all things that concern the Congregations of whom they have the Oversight But as the world goes now every Parish even in the Country must have its own Eldership and this Eldership must consist of such a number of the Sincerer sort as may be able to out-vote all the Malignant Heritors upon occasion as when a Minister is to be chosen c. So long as there is a precise Plough-man or a well-affected Webster or a covenanted Cobbler or so to be found in the Parish such a number must not be wanting The standing of the Sect is the Supreme Law The good cause must not suffer tho' all the Canons of the Kirk should be put to shift for themselves IV. The last thing I named as that wherein our present Presbyterians have forsaken the principles and sentiments of our Reformers was the Government of the Church But I have treated so fully of this already that 't is needless to pursue it any farther I shall only therefore as ane Appendage to this represent one very considerable Right of the Church adhered to by our Reformers but disclaim'd by our present Presbyterians It is her being the First of the three Estates of Parliament and having vote in that great Council of the Nation It is evident from the most Ancient Records and all the Authentick Monuments of the Nation That the Church made still the First of the Three Estates in Scottish Parliaments since there were Parliaments in Scotland This had obtained time out of mind and was lookt upon as Fundamental in the Constitution of Parliaments in the days of the Reformation Our Reformers never so much as once dream'd that this was a Popish Corruption What Sophistry can make it such They dream'd as little of its being unseemly or scandalous or incongruous or inconvenient or whatever now adays men are pleas'd to call it On the contrary they were clear for its continuance as a very important Right of the Church The First Book if Discipline Head 8 th allowed Clergy-men to Assist the Parliament when the same is called 'T is true Calderwood both Corrupts the Text here and gives it a false Gloss. Instead of these words when the same is called he puts these if he be called and his Gloss is Meaning with advice says he not by voice or sitting as a Member of that Court I say this is a false Gloss. Indeed it runs quite counter to all the principles and practices of these times For not only did the Ecclesiastical Estate sit actually in the Reforming Parliament Anno 1560 and all Parliaments thereafter for very many years But such stress in these times was laid on this Estate that it was generally thought that nothing of publick concern could be Legally done without it The Counsel of the Ecclesiastick Peers was judged necessary in all matters of National Importance Thus Anno 1567. when the Match was on foot between the Queen and Bothwell that it might seem to be concluded with the greater Authority pains were taken to get the consent of the principal Nobility by their susbcriptions But this was not all that all might be made as sure as could be All the Bishops who were in the City were also Convocated and their subscriptions required as Buchanan tells us And Anno 1568. when the Accusation was intented against the Queen of Scotland before the Queen of England's Arbitrators that it might be done with the greater appearance of the Consent of the Nation That it might have the greater semblance of a National Deed as being a matter wherein all Estates were concerned the Bishop of Orkney and the Abbot of Dunfermline were appointed to represent the Spiritual Estate Again Anno 1571. when the two Counter Parliaments were holden at Edenburg those of the Queens Faction as few as they were had the Votes of two Bishops in their Session holden Iuly 12 as is clear from Buchanan and Spotswood compared together In their next Session which was holden at Edenburg August 22 that same year tho' they were in all but five Members yet two of them were Bishops as Spotswood tells But Buchanan's account is more considerable For he says one of these two was there unwillingly so that it seems he was forced by the rest to be there out
Princes maintain'd by our Reformers yet even herein there is difference Considerable difference Our Reformers as much as they were inclined to Rebel against Kings did yet maintain that they held their Crowns immediately of God Iohn Knox in his Sermon preached on the 19 th of August 1565 and afterwards published hath this plain position That it is neither birth Influence of Stars ELECTION OF PEOPLE Force of Arms nor finally whatsoever can be comprehended under the Power of nature that maketh the distinction between the Superiour Power and the Inferior or that doth Establish the Royal Throne of Kings But it is the only and perfect Ordinance of God who willeth his Terror Power and Majesty in a part to shine in the Thrones of Kings and in the Faces of Iudges c. Neither was this only his private sentiment The 24 th Article of the Confession of Faith compiled by our Reformers and Ratified by Act of Parliament is every whit as plain and Decretory For there They Profess to believe that Empires Kingdoms Dominions and Cities are Distincted and Ordained by God That the Powers and Authorities therein are Gods Holy Ordinance That Persons placed in Authority are to be Loved Honoured Feared and holden in most Reverend Estimation because they are Gods Lieutenants in whose Session God sits as Iudge to whom by God is given the Sword c. That therefore whosoever deny unto Kings their Aid Counsel or Comfort while they vigilantly travel in the executing of their Office they deny their help support and Counsel to God who by the presence of his Lieutenant craveth it of them So it was professed by our Reformers How this principle could consist with their practices is none of my present concerns That is no more than to shew how our Presbyterian Brethren have deserted them in this matter Now Our Presbyterian Brethren make Kings as such not Gods but the Peoples creatures by consequence not Gods but the Peoples Lieutenants The People sets them on their Thrones They have their Power from the People They are the Peoples Trustees They are accountable to the People So that whosoever denys his Aid Counsel or Comfort to them while they vigilantly travel in executing their Office in true Logick can be said to deny them only to the People Even here then there is this great difference our Reformers maintain'd one good principle in Relation to Soveraign Powers Our present Presbyterians have even rejected that one good principle 'T is true indeed our Reformers seem to have been inconsequential in substituting Rebellious practices in the retinue of ane Orthodox principle And our Presbyterian Brethren seem to be consequential in having their principle and their practice of a piece But doth this mend the matter Nothing as I take it for all ends here That our Reformers believed Right tho they practiced Wrong But our Presbyterian Brethren are altogether Wrong They neither believe nor practice Right Thus I say it had been no difficult task to have instanced in many more of our Presbyterian Innovations But the taste I have given I think is sufficient for my purpose For laying together so many undeniable Innovations so many palpable and notorious Recessions from the principles and practices of our Reformers as I have adduced and these in so weighty and important matters as the Doctrine Worship Discipline Government and Rights of the Church I may fairly leave it to the world to judge if our Brethren have just reason to insist so much upon the principles of our Reformation or to entitle themselves as on all occasions they are so sollicitous and forward to do the only Real and Genuine Successors of our Reformers Neither is this all that may justly pinch them They have not only Receded from our Scottish Reformers but from all other Reformed Churches What Reformed Church in Christendom maintains all the Articles of the Westminster Confession What Reformed Church requires the profession of so many Articles not mainly for Peace and Vnity but as a Test of Orthodoxy What Reformed Church except our Kirk maintains the Divine Institution of Parity among the Pastors of the Church so as to make all kind of Prelacy simply unlawful What Reformed Church except the Scottish wants a Liturgy What Party in Europe that assumes the name of a National Church Condemns Liturgies set Forms of Prayer c. as Vnlawful except Scottish Presbyterians What Transmarine Reformed Church that is not Lutheran Condemns the Communion of the Church of England What Reformed Church maintains the Divine institution and the Indispensible Necessity of Ruling Elders in contradistinction to Pastors What Reformed Church maintains the Divine institution and the unalienable Right of Popular Elections of Pastors What Reformed Church ever offered to maintain that the Government of the Church by Bishops or a publick Liturgy or want of Ruling Elders distinct from Pastors or choosing Pastors otherwise than by the voices of the People or using some innocent and unforbidden Ceremonies as circumstances or Appendages of Divine worship or observing some days besides Sundays were sufficient grounds for breaking the Peace of a Church and dividing her Unity and setting up Altar against Altar What Reformed Church was ever Bound by her Rules and Canons to require of all such as she admitted to the participation of the Lords Supper the Subscription of such terms as are contained in the Solemn League and Covenant What Reformed Church doth not satisfy her self with the Profession of the Faith contain'd in the Apostles Creed at Baptism What Reformed Church requires the Profession of such a vast such a numberless number of Articles and Propositions as are contained in the Westminster Confession and the larger and shorter Catechisms of all those whom they receive into the Catholick Church What is this less than to make all these Propositions Necessary terms of their Communion And how impossible is it at this Rate ever to think of a Catholick Communion among Christians Is not this needlessly and by consequence very Criminally and Vnchristianly to lay a Fund for unavoidable unextinguishable and everlasting Schisms Neither yet is this all the Misery For Considering the Measures our Brethren steer by there is little ground to hope that they shall ever turn weary of Innovating The first Brood of Presbyterians the old Melvilians inverted as I have told almost the whole Scheme of our Reformers The next Birth the thirty-eight-men made innumerable Recessions from their Progenitors the Melvilians The present Production have forsaken most of the Measures of the thirty-eight-men And what hopes of their fixing When shall it be proper for them to say we have done innovating Hitherto we have innovated but we will innovate no farther How dreadful a thing is it for men to give loose Reins to the Spirit of Innovation But I shall not pursue this farther I know the temper of our Brethren 't is but too too probable they may impute it to Malice or Revenge or ane imbittered Spirit to some ill