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A50348 Episcopacie not abivred in His Maiesties realme of Scotland containing many remarkable passages newly pvblished, the contents of the severall chapters follow in the next page. Maxwell, John, 1590?-1647. 1641 (1641) Wing M1380; ESTC R21652 85,480 138

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the inferior members to correct the head it is true indeed that Bishops ought to be subject to the censures of Generall or Nationall Councels and none of them will think themselves exeemed from such a one as is lawfully constituted Albeit the Bishops did decline upon many just reasons this Assembly of Covenanters which are at length expressed in their declinature yet if that the Assemblie had been constituted according to the present established order of the Church they would never have declined from the same The last corruptions they remark in the Bishops as they were then in Scotland is that they did not instruct their people in Gods Word which is a corruption indeed but not essentiall to the office of a Bishop or allowed by a Law if any omit that dutie let them be censured for their personall fault it is great iniquitie to condemn the whole office as unlawfull in it self for the personall fault of one or two But I perceive that the chief thing which was then condemned in Episcopacie is that they did not receive their Commission to exercise their charge from the Church or that every Minister had not his voyce in the Nomination or Election of Bishops but that they were nominated and presented by the King elected by those of the Chapton only and consecrated by other Bishops and this was the thing which moved them ●o despitefully to condemn that estate in the constitution whereof every one of them had not a hand and in all their proceedings both in the book of Discipline and Acts of Assemblies it appeares that this was the chief thing they required that if they had had their Commission only from the Church or generall Assemblie they would have condescended to all other points of their function 1. In the second book of Discipline Cap. 11. they confess that albeit Pastors as pastors have not power over moe ●locks than one yet if it be given them by the Church they may exercise it lawfully 2. In the Assemblie 1575. it is agreed by both parties as we have declared that amongst the pastors one may be chosen by the Church to visite certaine bounds comprehending many particular parishes and therein to plant Ministers to suspend and depose them for reasonable causes 3. In the Assemblie at Edinburgh 1578. one of the principall petitions they make to the Regent was that none should be admitted to vote in Parliament in name of the Church excep● such as have Commission from the Church 4. In the second book of Discipline Cap. 11. It is said that no person under whatsoever title ought to attempt any Act in name of the Church either in Councell or Parliament having no Commission from the Church so that if that had been done we see that they acknowledge both their power and preheminence over other Pastors their charge over moe particular flocks their sitting in Councell and voting in Parliament to have been lawfull which are the principall points both of the Spirituall and temporall function of Bishops which they challenge in this Assemblie to be unlawfull If then we can shew that the Bishops have received from the Church such a Commission to exercise all these points of their office how can it be denied but they may exercise them lawfully since this is the only exception against them in these things Therefore we shall make it appear that Bishops have received from the Church this Commission 1. Christ himself who is the head of the Church having all power gave to the Apostles this Commission to exercise power and preheminence in all Spirituall and Ecclesiasticall matters over all both Pastors and people throughout the whole world 2. The Apostles who were at the beginning the representative Church gave the like Commission to Bishops over certaine bounds over the which they received Iurisdiction as Paul gave to Timothy in Ephesus and the bounds of Asia minor thereabout Commission to plant Churches to ordaine Presbyters and Deacons to have Iurisdiction and Rule over them being ordained to receive or repell accusations given in against them and by consequent to judge and correct or censure them the same Commission received Titus in the Kingdome of Creta neither can it be doubted but the rest of the Apostles gave the like Commission unto others in these Nations where they travelled to preach the Gospel who were to succeed them in the rule and Government of the Churches wherin they had not only the Name but also the office and that power of Bishops which is here called in Controversie as none can deny except those who will impudently deny all t●rue records of Antiquitie since all the o●thodox Fathers who succeeded the Apostles and lived in the same age with them doe with unanimous consent testifie the same The which Commission was derived from the Primitive Church who received it from the Apostles to those of succeeding ages confirmed by continuall practice uncontrouled for the space of fifteen hundred years by any Orthodox writers untill this last age that some of the Church of Geneva began to call it in question 3. The Commission to vote in Parliament they could not have at the beginning when there was no Christian Magistrates or Common-wealths yet so soone as Kingdomes and Common-wealths received the publik exercise of Christian Religion authorized by Laws then the Church considering that many of the Civill Laws did either directly or indirectly reflect upon Ecclesiasticall matters and Religion and that it was very expedient that Ecclesiasticall Constitutions for better obedience thereto should be strengthened by the Laws of the Kingdome they did earnestly supplicate Emperors Kings and Magistrates that some Commissioners from the Church might have place in their Soveraign Courts whereby Laws were established to further therein the cause of God and the Church and to take heed Nè Ecclesia aliquid detrimenti capiat the which supplications Christian Emperors Kings and Magistrates out of a pious zeal did grant And therefore did authorize the Bishops and Prelates to sit in their Soveraigne Courts in name of the Church this priviledge many godly and learned Prelates did injoy to the unspeakable good of the Church and advancement of Christian Religion so that it is no lesse but rather a great deal mo●e wicked Sacriledge to rob the Church of this so profitable a priviledge than to rob her of her patrimonie and therefore no marvell though these who make no scruple in Conscience to be sacrilegious in the one be also sacrilegious in the other 4. To come neerer to our Church of Scotland it is evident by all histories that since there were Christian Princes therein the reverend Bishops did not onely rule the Ecclesiastick affaires but also had a great hand in the affaires of the Civill estate and did much good by their wise Counsell to the King the Church and whole Kingdome before Popish tyrannie had place therein and that since there were any formall Parliament in Scotland the Prelats made up the third
moe particular ●●ocks condemned by this Act. 3. They framed the question in this manner to strike a terror of a fearfull perjurie upon the weak Consciences of these who could not discerne rightly either the quality of the Oath or the matter thereof to make them more plyable to their Rebellious projects perswading them that the swearers themselves and all their posteritie were bound to the observation of that Oath according to their false interpretation notwithstanding of any interveening Law or Constitution absolving them from it and that this fearfull perjurie could never be expiated except they renewed their Oath to that Covenant together with their false Applications and perverse interpretations farre different yea flat contrary to their meaning who framed the Confession of Faith and injoyned the Oath which as we shall shew is but an Imaginarie fear It had been more plaine dealing and fitter to have removed all doubts if they had proposed the Question more simply and in more perspicuous termes asking Whether the Office of a Bishop be lawfull in it self or not for if it had been solidly proven by Gods Word to be unlawfull then it had been evident also that the Oath whereby it was abjured was lawfull and no man could have doubted but that Oath did bind both the Actuall swearers and all their posterity to the observation thereof but if it had been found by cleer Scripture that the Office of a Bishop had been lawfull then no man could have doubted but the Oath whereby they did abjure it was unlawfull and therefore that no man was bound to the observation thereof but by the contrary all were bound in Conscience to break such an Oath or if it had been found of middle nature neither simply unlawfull nor necessarily lawfull at all times but a thing indifferent in the power of the Church and Supreme Magistrate to make a Law either establishing or abolishing the same who might also require an Oath of all to observe that Law then certainly no man could have doubted but that so long as that positive Law stood in force that Oath did bind all Subjects to the observation of it as likewise that the Law being abolished by lawfull Authoritie no man was further bound but was ipso facto absolved from the Oath So the Question being propounded in this manner and resolved any other wayes it had cleered all doubts and moved all to be of One mind and one heart but being propounded in their manner no resolution did take away all doubts as they promised to doe by this Act but rather did multiplie them and make them greater For albeit it had been cleered that Episcopacie had been abjured by the Oath of the Covenant which notwithstanding is not done yet a greater doubt remained whether that Abjuration was lawfull or not which could not be resolved except it had been first made manifest that Episcopacie was unlawfull in it self by Gods Word Yet that we may follow them in their own method and reason upon their own grounds we shall leave at this time the probations which may be brought for the office of a Bishop from Gods Word and practice of the Primitive Church which hath been sufficiently performed by divers learned Divines to the which the best of that Sect could never sufficiently answer Taking then the Question as it is set downe by them there are two points which they onely here condemne in that office first that they have charge over moe Parishes than one secondly that they have power and preheminencie over their Brethren we shall make it therefore evident 1. That by the Confession of Faith Books of Discipline Acts of Generall Assemblies and long continued practice of the Church of Scotland at the reformation and many yeers after this preheminence and power of one Pastor over others and charge over moe parishes than one hath been acknowledged to be lawfull Secondly we shall shew that none of those passages brought by them at length in the Act it self which doubtlesse were the strongest they could find forth of the abjuration in the Covenant books of Discipline and Acts of former generall assemblies doe prove their conclusion but that all of them are either falsly or impertinently cited farre by or contrary to the meaning of the Authors and therefore that all of them are Sophystically alleaged CHAP. V. That this preheminence and power of Bishops here questioned is conforme to the true Confession of Faith of the Church of Scotland to the first Book of Discipline and the long continued practice of the Church FIrst we must observe that there are two Confessions of Faith so called in the Church of Scotland as we have remarked before to wit that large Confession established at the first reformation framed by Iohn Knox and other faithfull Ministers Anno 1560. Confirmed by divers generall Assemblies received by the whole body of the Kingdome ratified by Act of Parliament 1567. and inserted in the body of the Act which is the only proper Confession of the Church of Scotland containing all the positive grounds of the Reformed Religion especially in matters of Faith controverted betwixt us and the Papists and other Hereticks the other called commonly the Negative Confession which is not properly a perfe●t Confession but an Appendix of the former framed not by any Ordinance of the Assemblie of the Church but by the appointment of the Kings Majestie and Councell first sworn and subscribed by the Kings Majestie himself and his houshold then by an Act of Councell dated the 5. of March 1580. It was ordained that all persons within the Kingdome should swear the same and for more commodious doing thereof it was presented by his Majesties Commissioners to the Assemblie holden at Glasgow 1581. that they might approve it and injoyne every Minister to see the Oath taken by all their Parishioners and it did containe an abjuration of most speciall grosse errors of Poperie the same abju●ation was againe commanded by the King to be renewed in the year 1590. when as that Conspiracie of some Papists trafficking with the King of Spaine was discovered having annexed thereto a generall band or Covenant whereby all the Subjects bindes themselves with the Kings Majestie for maintenance of true Religion according to the Confession of Faith set down at the first reformation and for the defence of the Kings Majesties person Authoritie and estate against all Enemies within and without the Kingdome to the end that true professors and his Majesties loyall Subjects might more easily be discerned from hypocriticall Papists and seditious Rebells Now as for that onely perfect Confession there is no clause nor Article therein which either expresly or by any probable consequence condemneth this power and preheminencie here controverted neither have they been so bold as to alleage any passage out of the same nor was it the meaning of those godly and learned persons who set it down and proposed it to be received by the Church and Kingdome of Scotland nor
that Act at Dundee 1580. HAving disoussed those passages alleaged out of the Abjuration of the Covenant it rests that we answer in like manner to the Acts of divers generall Assemblies produced to prove that the Church hath condemned this power and preheminence of one Pastor over another and over moe particular flocks albeit a sufficient answer may easily be gathered by the judicious Reader out of that which we have said already yet because many are moved by the Authority of those Assemblies who doe not understand the manner of their proceedings we must consider them more particularly to the end than we may shew what weight and force they ought to have in the Church Those Acts here cited by them for the more commodious answering without Tautologie may be disposed in three Ranks first some of them containe only preparations to the condemning of Episcopacie as those from the year 1575. to the 1580. next there are some that tend directly to the establishing of the second book of Discipline transferring the power of Bishops to Presbyteries thirdly others are such as condemne Episcopacie which all we shall examine particularly in their own order And first we must observe that they never alleage one word of any Assembly since the Reformation untill that at Edinburgh 1575. albeit there were thirtie generall Assemblies in Scotland before that time more uncorrupt holy and venerable than any of those which are alleaged of them for why they were not able to shew by any probabilitie that before that time the Church of Scotland did think any evill of this power and preheminencie but did continually and constantly approve the same both by her Constitutions and practice Next we must consider the causes and occasions moving the Ministers at that time to alter their judgements in this point and if we remark the estate of the Church and Kingdome of Scotland at that time as it is known to all these who have taken paines to understand the true history of the Church and Kingdome of Scotland in those dayes we shall finde evidently the occasions of this alteration of Iudgement First there were at that time some men of learning but of fiery and violent humours come into Scotland from Geneva who because of their travels abroad and learning were had in great esteeme and they being themselves greatly in love with Geneva discipline did labour by all manner of perswasions to move others to like both of the Clergie and Laitie especially Noblemen to a liking therof also at lest by intreaties perswasions and some shew of reason made secretly amongst themselves a reasonable number both of Nobility and Ministry who carried a great sway in generall Assemblies and were able to make a partie if the former Government were called in Question Secondly they thought the time fit to further their designe in regard of the Kings Majesties minoritie being then about ten yeers of age at most and therefore not capable of the knowledge of that which was most fit for the Government either of the Civill or Ecclesiastick estate governed himself by divers men of divers humours Thirdly there was a great furtherance to this Alteration in regard of the great troubles divisions and factions at that time amongst the Nobilitie and Courtiers every one striving to thrust out his Neighbour from that imployment he had about the King and Court as witnes the violent death of three Regents and the fourth like enough had gone the same way if his Govermne●t had indured longer and many of the Nobility cut off by particular quarrells some justly some unjustly under colour of legall proceeding as witnes likewise an Act of the Assemblie at Edinburgh 1578. whereby a solemn Fast was injoyned for divers reasons Especially because of the ●ivill and intestine ungodly S●ditions and Divisions within the Bowells of the Kingdome Some Noblemen therefore and Courtiers in those factious times as fishing in troubled waters to further their own ends did labour to make some pretext of Religion and therefore did strive to ha●e the Church upon their side abusing the simplicitie of some of the Ministrie zealous of the new Discipline and the pride of others impatient of subjection to their Bishops or Superintendents stirring them up to cast off their yoak knowing that they by their Sermons and private practices might doe much to make the people incline to which faction they pleased best And by that meanes to force the Kings Majestie for fear of a generall insurrection to grant them whatsoever they desired which policie our Covenanting Noblemen have carefully practised now with great but a dangerous effect there was never yet in those times so bold a Traitor but he found Ministers of that sect to Countenance him and approve his doings both privately and publikly as witnes their applauding the Earle of Bothwell in his treasonable attempts for it is certainly known that of those moneyes which was collected by the Ministers for the relief of Geneva a part was imployed to wage souldiers for him I know and could name if I pleased both the deliverers and Receivers thereof It is known also that Ministers of that Sect had a chief hand in all those attempts which commonly are called Roads as at the road of Stritilling the road of Leith and the Abbey road and at the 17. day of December the Earle of Gowry found one of the prime Ministers of that Sect to justifie his cause and refuse to give thanks to God for the Kings Deliverie from that treasonable Attempt Finally it is well known how King Iames of happy memory was vehemently troubled and vexed most unjustly by that Sect during the time of that Anarchie of the Church as he himself left in record in his Basilicon Doron Fourthly to those occasions another was joyned to further the ruine of Episcopacie towit the Sacrilegious greed of some of the Nobilitie and Courtiers gaping after the Church-rents which they perceived they could never obtaine so long as the Authority of Bishops did subsist and therefore did use the uttermost of their endeavour to bear down that estate pushing forward the Ministers to cry out against the Bishops and to blue abroad their personall faults both in their Assemblies Pulpits and private conference to make the very office it self 〈◊〉 to the people It is therefore more than manifest that those troublesome and factio●s times cannot be accounted a good pr●sident for the Government of the Church in after ages for shall a few turbulent Assemblies backed and 〈◊〉 forward by factious humours and sacrilegious greed of Noblemen and Courtiers in the mi●orage of the Supreme Magistrate constituting a new Discipline by the example of one small Citie of Geneva confirmed onely by the practice of fourteen or fifteen yeers at most be able to counterpoize Gods Word the continuall practice of the Church of God both under the old and new Testament and the example of the blessed Apostles and their Successors the venerable Pastors of the Primitive Church continued