the advice of the Estates of parliament be furnished used for the kingdome 3. That all Scottish men within England Irland shall be free from censure for subscribing the Covenant shall be no more pressed with oaths subscriptions unwarranted by their lawes contrary to their Nationall oath Covenant approved by his Maj. 4. That all his Maj. Courts of Justice shall be free open to all men parliaments of the respective kingdoms may try and judge Incendiaries and that he will employ none in his service without consent of parliament 5. That their ships and goods and all dammage shall be restored 6. That the summe of three hundreth thousand pound sterline should be given to them for their losses 7. That all Declarations proclamations acts books libells and pamphlets that have been made published against the loyalty dutiefulness of his Maj. subjects of Scotland should be recalled suppressed and forbidden in England and Irland that their loyalty shall be made known in all the parish Churches of his Maj. Dominions 8. That the garrisons of Berwick Carlile be removed As also there is an act of pacification oblivion aggreed upon out of which the Scottish prelats are excepted as also Traquair Sr Robert Spotiswood Sr Iohn Hay Mr Walter Balcanquell who were cited pursued as Incendiaries In which act his Majesty declareth that the ensueing Parliament of Scotland shall have full free power as the nature of a free parliament of that kingdom doth import to ratify confirme the Treaty Thus at length were these officers which Christ had never appointed cast out of Gods house where they had formerly caused so much desolation layd the vineyaird of the Lord waste as a wilderness both by Church State The King all ranks of People consenting thereunto For which God who is wonderfull in Counsell excellent in working ought to be acknowledged for ever exalted Seing he raised up such as were brought low brought down these who had set their nests on high whose wayes had been alwayes grievous who said in their hearts they should never be moved God hath forgotten he hideth his face he will never see it Now God arose lifted up his hand did not forget the humble he did behold mischief spite to require it did breake the arme of the wicked The memory of which should be still fresh with refreshing unto all the people of God ground of hope that he who did then make the names of these Prelats to â—…ot to stinke in the noâ—…rils both of Church State can will againe pursue his controversy against these who now dare be so bold as to attempt what they have attempted after that the Lord hath put such notes of disgrace infamy upon their predecessours While the Parliament of England is sitting there are severall complaints given in against the Earle of Strafford Deputy of Irland the Archbishop of Canterbury both being sound guilty of points of High Treason are condemned to die Severall Courts of Judicatory are abridged in their power the High Commission Court is taken away and the Starchamber Court the coâ—…ive power of Prelats their Courts The Prelats are ejected from the House of Peers Bils are presented to his Maj. for the punishment of the scandalous Clergy for the abolition of Episcopacy the calling of an Assembly At length there is a civill war begun between the King the Parliament occasioned through his Maj. withdrawing from his Houses of Parliament North towards Hull The warr is continued In the mean time the Parliament calleth together an Assembly of Divines to consult about matters of Religion Church-governement so carry on the begun work of Reformation And Anno 1643. They appoint Iohn Earle of Rutland Sir William Armin Baronet Sir Henry Vane Iunior Knights Thomas Hatcher Henry Darley Esquires with Mr Stephen Marshall Mr Philip Nye members of the Assembly of Divines their Commissioners to repear unto the kingdom States of Scotland to the Generall assembly there their Commissioners to propone consult with them in all occasions which may furder the so much desired work of Reformation in ecclesiastical matters a nearer conjunction betwixt both Churches Accordingly these Commissioners came presented their propositions a Declaration of the Lords and Commons in Parliament unto the Generall assembly Aug. 10. 1643. So is there a letter sent from some brethren of the ministry in the Church of England subscribed by very many hands showing how low that poor Church was now brought being ready to be swallowed up by Satan his Instruments that the Protestant Religion was in great hazard desiring very affectionately their aide help August 15. those Commissioners presente some propositions to the Assembly which they had a little before August 12. presented unto the honorable Convention of Estates desiring that because the Popish Prelaticall faction is still pursueing their designe of corrupting altering the Religion through the whole Iland the two Nations might be strictly united for their mutuall defence against the Papists Prelaticall Faction their adherents in both Kingdoms not to lay down armes till those their implacable enemies be disarmed subjected to the authority justice of Parliament in both Kingdoms respectively And that the two Kingdoms might be brought into a near conjunction into one forme of Church governement one Directory for worship one Catechisme c. the foundation laid of the utter extirpation of Popery Prelacy out of both Kingdoms The most effectuall ready means whereunto is now conceived to be That both Nations enter into a strict Union League according to the desire of both Houses of Parliament that for prosecuting the Ends of that Union against the Papists Prelaticall faction Malignants now in armes in the kingdom of England their brethren of Scotland would raise a considerable force of horse foot for their aide assistance For which Ends there are Committees appointed by the convention of Estates the Gen. assembly to meet with the commissioners of the parliament of England by whom the forme of the League Covenant is aggreed unto resolved upon Which draught Aug. 17. 1643. was approven by the Gen. assembly With all their hearts with the beginnings of the feelings of that joy which they did finde in so great measure upon the renovation of the Nationall Covenant of the Kirk kingdom as the most powerfull mean by the blessing of God for setling preserving the true Protestant Religion with perfect peace in his Maj. Dominions and propagating the same to other nations and for establishing his Maj. throne to all ages generations recommended unto the Right Honorable convention of Estates that being examined approved by them it may be sent with all diligence to the Kingdome of England that being received
approved there the same may be with publick humiliation all Religious answerable solemnity sworne subscribed by all true professors of the Reformed Religion all his Maj. good subjects in both Kingdoms Thereafter on the same day it was approvedby the Convention of estates then sent unto the kingdome of England where after mature deliberation it was approved by the learned assembly of Divines by Both Howses of Parliament by them in their solemne assemblies after sermon solemnely sworne subscribed by Ordinance of Parliament sworne suhscribed in all the parishes of the Kingdome a copy thereof appointed to be affixed in every parish Church also a faire Copy thereof with all the names of the members of Parliament who subscribed the same is ordained to be affixed at the end of the great Hall of Westminster When thus it was sworne subscribed in England The Commissioners of the Gen. Assembly Octob. 11. 1643. ordained the same to be with publick Humiliation all Religious solemnities received sworne subscribed by all ministers professours within the Kirk for this effect it is ordained That the League Covenant be forthwith printed that the printed copies bound with some clean sheets of paper be sent unto the ministry that every minister upon the first Lords day after the same shall come to his hands read explaine it by Exhortation prepare the people to the swearing subscribing thereof solemnely the Lords day next immediately following ordaine that presbiteries proceed with the censures of the church against all such as shall refuse or shift to swear subscribe the same And the Commissioners thinke it very convenient for good example the better encouragement of others that it be solemnely sworne subscribed by themselves now present before the Congregation in the East kirk upon friday next the 13 of this instant after sermon exhortation to be made by Mr Robert Douglas Moderator that the Commissioners of the Convention of estates now in towne the Commissioners from the Parliament of England Divines of that kingdome here present be earnestly desired to joyne with them in this solemne Religion action Upon the 12 of Octob. the Commissioners of the convention of Estates did also ordaine the same to be sworne subscribed under the paine of being punished as enemies to Religion his Maj. honour peace of the kingdoms to have their goods â—…ents confiscate c. also ordaine all Sheriffs Stuarts others his Maj. magistrates in Brugh land Committies in the severall shires to be assisting to ministers and presbiteries in procuriing reall obedience hereunto Which deed of the Commission of the Church was ratified approved by the Gen. assembly Jun. 28. 1645. So is the deed of the convention of estates their commissioners approved ratified by act of Parl. July 15. 1644. where the League Covenant is insert in the Registers Thus the kingdoms of Scotland England after other meanes of Supplication remonstrance Protestation and sufferings to the end they might preserve themselves and their Religion from utter ruine and destruction according to the commendable practises of these Kingdomes in former times and the example of Gods people in other Nations after mature deliberation resolved and determined to enter into a mutuall and solemne League and Covenant wherein all did subscribe and with hands lifted up to the most High God did swear as they should answer at that great day to God the searcher of all hearts That sincerly really and constantly they should endevour in their severall places and callings 1. To preserve the Reformed Religion in the Church of Scotland in Doctrine worship Discipline and Governement and to Reforme England and Ireland according to the word of God and the example of the best Reformed Churches and to bring the three kingdoms to the nearest conjunction and uniformity in Religion Confession of Faith forme of Church governement Directory for worship and Catechising 2. To endevour the extirpation of popery Prelacy Superstition Heresy Schisme Prophaness and whatsoever shall be found contrary to sound doctrine and the power of godliness 3. To preserve the Rights and privileges of the Parliaments liberties of the Kingdomes and the Kings Maj. person and authority in the preservation and defence of the true Religion and liberties of the Kingdomes 4. To discover all such as have been or shall be incendiaries Malignants or evill Instruments hindering the Resermation of Religion dividing the king from his people and the kingdomes one from another or making any fâ—…on or parties among the people contrary to this League and Covenant that they may be brought to triall and condigne punishment 5. To endevour that these kingdomes may remaine conjoyned in a firme place union to all posterity 6. To assist such as enter into this Covenant and not to suffer themselves any maner of way to be divided or to make defection or to give themselves to a detestable indifferency and neutrality in this cause but shall continue â—…in against all opposition and promote the same according to their power against all sets and impedimentes whatsoever When these hands did thus enter in Covenant with the great God of heaven earth many of soul was converted which was as the finite of this noble Marriage when they saw the wonderfull works of the Lords right hand whereby he openly â—…nyably owned that Covenant such as entred into 〈◊〉 Then did these Churches flourish begin to have a beautifull countenance to be admired abroad by strangers who stood astonished at the report of what they did hear dayly of the Lords owneing fighting for that Covenant seconding the Covenanters in carrying on the Ends of the same But at length after the Lord had by many signes wonders testified his displeasure against broken the whole strength force of the Popish Prelaticall Malignant faction wrought deliverances in all the three kingdoms for the people that engadged in Covenant with him It seemed good in his eyes who doth all things according to the counsell of his own will to suffer another enemy to arise to trouble his Church to try his people viz. the Sectarian party who grew to such an hieght in the English Army that they over-ruled the Parliament of England putting away the House of Peers they modelled the House of Commons as they thought good erected a New Court which they called an High Court of Iustice before which they did Impannel the King at length did violently take away his life Januar. 30. 1649. against which deed the Commissioners both from the Church State of Scotland did protest were therefore hardly used at London When the report of this cometh to the eares of the Parliament of Scotland which was then sitting They upon the 5. of Febr. 1649. considering that for as much as the kings Maj. who lately reigned
displeasure of many at court when Ministers were freely rebuking sin in about the court they were accounted railers traitours And being accused of treason before the King his Councill They declined them as incompetent Judges Upon this account in this houre of darknesse by the meanes of the Earle of Arran This Parliament is suddenly called wherby there were two Parliaments in one year 1584. the one meeting May 22. the other which is called the ninth Parliament as the former was called the eight Agust 22. which granteth this supremacy to the King over persones ecclesiastick for formalities sake civil therefore in the end of that act it is declared to be treason to decline his Maj. or his Council in any case So then the question was not betwixt the King the Parliament But betwixt the King or his Councel the Church in spirituall matters It is true also that in the 1. Act of Parliament 18. Anno 1606. His Maj. soveraigne authority Princely power Royall prerogative and privilege of his Crowne over all Estates persones and causes whatsoever is acknowledged But this act is of the same nature with the former no prerogative over above the Estates of Parliament is acknowledged here to belong properly to the Crown And moreover these words are but faire flourishes parliamentary complements Finally the prerogative here spoken of is founded upon personal qualifications where with they say he was endued far beyond his predecessours such as extraordinary graces most rare and excellent vertues singular judgment for sight Princely wisdome the like these may be wanting in one possessing the crowne therefore it could not be the minde of the Parliament to give a supremacy founded upon such qualifications to these who had not those qualifications so they could not annex it unto the Crowne 9. Together with these particulars let this be considered That in 3 Article of the league Covenant they did all swear Sincerly really and constantly in their severall vocations to endeavour the preservation of the rights and privileges of the Parliaments And then it shall appear that there was good ground of scrupleing at that oath which as explained by their acts tendeth to the overturning of those rights privileges For none who desired to make conscience of the oath of the Covenant might swear an oath so apparently opposite thereunto It is true those questions concerning the power of Princes Parliaments are dark ticklish Ministers not being lawyers by profession can not be supposed to be well acquanted with the lawes constitutions of the realme or with the nature extent of the same in all points Yet it concerneth them to see to this that they run not themselves upon the rocks of contradictory oaths And having sworne to endeavour in their places callings the preservation of the rights privileges of Parl. it concerneth them all not alitle to search so far into the rights privileges of Parl. as that they may know when an oath is tendered unto them which crosseth the same being once engadged in an oath in a matter not sinfull not to change or to swear that which destroyeth contradicteth the former oath But leaving those things not laying more weight on them then they will bear other particulars more weighty pressing must be spoken to therefore let it be considered 10. What dreadfull consequences will follow upon the taking of this oath thus explained as to its civil part by the forementioned act concerning the prerogative other acts now to be mentioned as 1. A condemning of the convention of Estates Anno 1643. conform to the Act 6. of this Parliament 2. A condemning of the Parliaments Anno 1640 1641 1644 1645 1646 1647 1648. conforme to their Act 15. as also the committees Parliaments thereafter Anno 1649 1650 1651. conforme to their Act 9. 3. A condemning of all the Acts made by these Parliaments conforme to their Act 3. 4. A condemning of all the meetings Councells Conventions of the subjects at the beginning of the late work of Reformation conforme to their 4 Act. 5. A condemning of the League Covenant conforme to their Act 7. 6. A condemning of Scotlands joyning with helping of England in the day of their straite conforme to their Act 7. 7. A condemning of the renueing of the Nationall Covenant Anno 1638 1639. conforme to the last words of the 11 Act. 8. A condemning of the Generall Assembly 1638 severall others thereafter conforme to their 4 Act. 9. A condemning of Scotlands riseing in armes in their own defence against the Popish Prelaticall malignant Party conforme to their 5 Act. 10. A condemning of their seizing upon forts castles in their own defence conforme to the said 5 Act. Was there not then cause to scruple at the taking of this oath which would have imported a condemning of all those things sure there was as shall be showne in speaking to each of the particulars mentioned Now it is clear that the taking of this oath would have imported a condemning of all these particulars from this That the Parliament doth condemne all these mentioned particulars as the acts specified do clear because done without his Maj consent which ought say they to have been had by vertue of his prerogative royall and supremacy the perogative doth explaine his supremacy in things civill as shall be showne more fully hereafter But to come to the particulars first There was no ground for condemning that convention of Estates 1643. notwithstanding that the Kings consent was not had therto 1. Because in poynt of conscience the Estates of the land being essentially judges are bound when the publict affaires of the Kingdom do require to conveen consult thereanent when Religion lawes liberties are in hazard when the necessitie is such as will admit of no delay pure legall formalities of state must be dispensed with when they cannot be gotten followed as in this case it was clear The true protestant religion his Maj. honour the peace of the Kingdomes were in hazard by papists their adherents in armes in England Irland The King refuised to call a Parliament at that time though he was oftin requeested there unto In this case what could the states of the Land do who were bound by the lawes of God of nature of nations to see to the preservation of the Kingdom to their own interests to religion that should be dearâ—… to them then any thingâ—… else were bound by the law of God to judge governe the land but obey God disâ—…ense with state formalities according to the many examples of the Estates of Scotland before who did conveen in Parliament whether the King would or not as that Parliament which did imprison donald the 70. King the Parliament at Scone which summoned King Culenus before them that Parliament which
never yet heard of that a King was crowned in Scotland but by a lawfull Parliament whose deed was valide if this deed of that Parliament was not valid let wise men conjecture what the consequences will be It is true they except in their Act 9. All such Acts as were passed in any meeting of Parliament or committee of Estates authorized by his Maj. presence But his Maj. presence will not make every company of men a Parliament yea his being present with them at any of their Sessions sayeth he owned them as a lawfull Parliament 2. How ever all these Acts which concerne himself seing he was not present at their making are null 3. How cometâ—… it to passe that the Kings presence Anno 1641. did not availe to keep that session of Parliament from a stroke with the rest And furder it appeareth that they annull the Parliament 1650 1651. altogether because if that had been a Parliament it had been the first Parliament of King Charles 2 so the Parliament 1661. had been his second Parliament But the Parliament 1661. is called his first Parliament therefore there was never a lawfull Parliament before in his reigne thus by their principles he hath never been crowned in Scotland as yet What a Premunire they fall into here let lawyers judge Fourthly There was as little reason to condemne these meetings counsels conventions of the subjects at the begining of the late work Because those meetings were necessary for the defence of Religion against the bloody Prelates who were seeking the overthrow destruction of all 2. Nor is there any Act condemning such which can with any colour be allaiged except the Act of that Parliament 1584. wherein things were carryed on by a strong faction in great haste for they had five Sessions in three dayes with great secrecy for the Lords of the articles were sworne to secrecy the dooresâ—… were keeped closse all the time of Parliament See laborious Mr Petree his History pag. 442 and the Act of this Parliament did mainely strick against the assemblies of the Church for that was the thing designed 3. What ever can be made out of this Act against civill meetings it will not stricke against those meetings because the Parliament 1640 in their Act 29. hath showne the true meaning thereof to be otherwise saying It cannot be extended against any councells conventions assemblies committees or meetings made holden keeped by the subjects for mantenance and preservation of the kings Maj. Religion lawes and liberties of the kingdome or for the publick good either of Church or state this Act was approved by the large treaty againe by the next Session of Parl. An. 1641. where the King himself was present 4. The secret councell which then was did approve of these conventions or tables as they were called so did his Maj. commissioner thereafter So then these meetings might be warrantably keeped for God's glory the removeing of the just grievances of the subject being no wayes prohibited by the municipall lawes which onely disallow such conventions as are for disturbance of the peace or usurpation against authority neither of which can be allaiged here for no invasion violence offer of wrong by word or deed to any person no not even to these against whom they had justly complained followed thereupon And those meetings were onely to consult upon the most fit humble way of supplicating his Maj. for the most convenient propositions to be presented to his Maj. to the Parliament to the assembly all which are most compatible with the loyalty duty of good subjects do no wayes encroach upon authority seing they assumed not any judiciall determination in any matter of state civill or ecclesiasticall but by voluntary instructions and opinions every one to another in a common cause of religion did resolve what might be most conduceable to their lawfull and just ends To use the words of the protestation Decemb. 18. 1638. Fiftly Nor is there just warrand ground upon this account to annull the League Covenant Because 1. It was against no municipall law for as to that 12 Act of the Parl. 10 of King Iam. 6. Anno 1585. it is so explained by the 29 Act of Parl. 1640. as that it cannot be extended to any bands leagues made for the preservation of the Kings Maj. Religion lawes liberties of the Kingdome or for the publick good either of Church or state and this may be furder cleared by vieuing the 43 Act of Queen Mary which the forecited Act of King Iames 6. relateth unto ratifieth for that Act is to be understood of particular leagues or bonds of man-rent as they called it or maintenance respectivè that by privat persones in brugh land therefore cannot be understood of leagues or bonds made by the body of the land in their representatives in Parliament which hath so much power in making of leagues that without their consent the King cannot make a league as is clear by a league which King Robert 2. consented unto betwixt Scotland France England which was annulled because it wanted the Parliaments consent for sayeth Buch in the end of his 9 book neque enim ipse pacem vel inductas facere poterat nisi ex sententiâ publici conventus nec firmas polliceâ—… sine publico decreto He could neither make nor promise truce or peace without the Parliaments consent in the Parliament 10. King Iam. 6. Anno 1585. among the unprinted Acts there is one containing the assent of the Parliament for concludeing of a league with the Queen of England 2. The Parliaments of Scotland have made leagues with forraigne Princes without the Kings consent as that Parliament which deposed the Queen Mother from her regency did enter in a league with the Queen of England 3. All leagues bondes made by the Parliament were ratified by this King by his solemne oath both before at his coronation and therefore none in conscience could condemne these bonds or take an oath importing the same What is more allaidged against the league covenant shall be fully examined hereafter Sect. 2â—… Sextly Nor was there just cause upon this account to condemne Scotland for aideing assisting of England in their straite extreame danger Because 1. It is a most ordinary thing for one nation to send help relief unto another thus the french the Englishes helped the Hollanders The king of Britaine offered to helpe the Rotchell the Palatinat 2. It was against a common enemy a popish prelaticall malignant faction seeking the ruine of religion lawes liberties in Scotland as well as in Engl. By the light of nature a common fear uniteth even these who are furthest divided so while Scotland fought for England they fought for themselves their own saiftie what ever law will warrand nations now to joyn together against the Turk will
that was left for the saifty of religion of all that was dear unto them So then their case not being a prosecution of adesigne of some privat persons upon some privat injuries received to destroy ' cut off the King or to denude him of his just power privilege but a nationall defence of religion lives liberties against the Kings armies unjustly seeking to destroy violently to overturne all None of the arguments of adversaries taken from 1. Sam. 24 6 10. 26 9 11 23. 2. Sam. 1 12 16. do conclude against them or speake to their case 5. There is also a great difference betwixt a warre contrived carryed on by privat persons when grievously oppressed And a warre carryed on by the body of a land in their representatives in Parliament against a king Suppose the first could not well be defended which yet is not absolutely denyed yet this last is clear for a Parliament hath more power over a king then any privat person or subject how great so ever hath judicious Calvin is clear for this in his institutions lib. 4. cap. 20 n 39. saying if there be inferiour Magistrats such as the Ephori among the Lacedaemonians Tribuns among the Romans The demarchi among the Athenians and as the Estates of Parliament in kingdomes now if these connive at the king's oppressing of the people they become persidious because they betray the peoples liberty which by God's appoyntment they are to protect Thus Scotland is cleared for their warre was carryed on by the body of the land in their representatives by their Parliament acting in its publick parliamentary capacity and so the arguments drawn by adversaries from the practice of the primitive Christians speak nothing against the Parliament of Scotland Their levying warre against the king in their own defence in the defence of the liberties lawes of the land 6. There is a difference betwixt a warre raised by a Parliament of purpose to cut off the king to depose him from his throne governement which hath been severall times practised by the Parliaments of Scotland when their kings turned tyrants vitious in their lives as was showne above their case which was a case of pure defence there being no intention to offer the least violence to his Maj. person crowne or dignity but only to defend religion the kingdome against the popish malignant invading plundering forces which were sent forth to destroy all for their armies advanced with petitions seeking redresses of wrongs with all humility shewing their willingnesse readinesse to lay down armes so soon as they were secured in the peaceable enjoyment of the religion sworne to freed from the just fears of these bloody invading forces who were seeking the destruction of their lives liberties So then when their adversaries reason against riseing in armes against the King they speak not to the poynt none of these arguments come near to their case which was a case of naturall sinlesse self defence 7. It would be considered that the warre did not begin upon the Parliaments side but they were forced constrained to it The King commanded all the English Nobility with all their power forces to meet him at York April 1639. that they might advance with him towards Scotland The Scottish Noble Men who were at court were also sent down towards Scotland to raise their friends having some expert forraigne Officers with them There were three thousand Men sent down with the navy six hundered Horsemen were sent down to the Borderes to make incursions all which preparations of warre did clearly speak out his Maj. intention did necessitate them to bestir themselves in their own defence against those invaders to keep their own rights unviolated And yet with all they had their supplications ready to presente after the granting of which viz. a quyet peacable enjoyment of their Religion Lives Lawes Liberties they resolved to lay down armes accordingly did so for after the pacification Iun. 18. 1639. their army was disbanded Againe when the Parliament which was convocated by his Maj. command conforme to the pacification was contrary to the articles contrary to the liberties of the land privileges of the Parliament prorogued the Castles of Edinburgh Dumbritton were fortified with men ammunition Theis friends travelling to England Irland were constrained to swear unlawfull oaths or to góe to prisons The sea was stopped no liberty was granted to trassique so the land was blocked up The articles of pacification were broken Berwick and Carlile were fortified The Commissioners who were sent from the Parliament to the King were imprisoned contrary to the law of Nations The Castle of Edinburgh was killing many threatening to destroy the whole city with their cannon their ships were intecepted by sea their merchands spoiled of their goods sea men were taken prisoners miserably handled When matters went thus were they not constrained to take up armes againe to advance towards England that they might seek peace from his Maj. not being able to maintaine an army on the borders after they had been so impoverished through the long want of fine tradeing and not to lay downe armes untill their necessary and just desires were granted Now let any judge whether they can be justly blamed for standing to their defence being thus necessitated as they would not betray the Land their Lawes their Liberties their Religion so sell their soul consciences all into the hands of their malitious enemies So then when this shall be made the state of the question whether or not the Parliament body of the Kingdome of Scotland may not lawfully take up armes having no purpose to wronge his Maj. person or to spoile him of his just rights privileges to defend themselves Lands Liberties no lesse then their Religion after it had been setled by law When the King in stead of granting their just necessary desires viz. security that they should be ruled by lawfull generall Assemblies other inferiour Church judicatories in Church matters according to the ancient discipline of the Church And by a free Parliament in civill matters according to the foundamentall lawes of the Land And that they might be free from illegall courts alteration in their Religion that the articles of agreement should be keeped that granted which was promised under hand seal is raising a strong army of forraigners Irish Popish prelaticall malignant enemies to the Church kingdome of Scotland intending to destroy their Land Liyes liberties to overturn their Religion Privileges for this end blocketh them up by sea Land fortifyeth Castles in their bosome giving them commission to destroy all they could denunceth them all rebells treatours Sure it may be supposed that seing this is the true state of the question it shall easily be granted that this
had to write so I know not except he did build upon that which Iohannes Major sayeth But from the instruction of the Scots in the faith to conclude that the Church after it was gathered had no other for me of governement will not stand with reason for be it as they speak that by the travelle of some pions monks the Scots were first converted unto Christ it cannot be said that the Church was ruled by monks seing long after those times it was not permitted to monks to medle with the maters of the Church nor were they reckoned among the Clergy thus he To which it is easily answered 1. That the sole word of a late Historian of an Excommunicated forsworne Prelate speaking in his own cause will have lesse weight with every rationall man then the Testimony of so many famous eminent Historyographers known through the world 2. All the Prelat's logick will not conclude from these words of Boetius that there was Episcopall governement among the Culdees if Boetius himself may be heard whom all are bound to beleeve better then this Prelate who reasoneth according to his skill for he lib. 7. c. 28. sayeth erat Palladius primus omnium c. i. e. Palladius was the first of all who did bear holy Magistracy among the Scots being made Bishop by the great Pope thus he affirmeth clearly that Palladius was the first who had Episcopall Power or exercised a Magistraticall domineering power in Church maters 3. Could Buchanan a man many stages beyond the Arch-prelate know no reason or ground for what he said but what this Archprelat could perceave who had no will to open his Eyes 4. As this Archprelat doeth wrong his own credite as an Historian when without warrant he contradicteth so many famous Historians so doeth he discover much weakness in reasoning for to say that the monks did not governe the Church befor Palladius landed in Scotland because after Palladius came they were putt out of all accompt got not liberty to do so is such a ridiculous consequence as can hardly be paralleled as if one should reason now say the Church of Scotland was not governed by Ministers befor the year 1661. becaus after Bishops got all the power into their hands the Ministers had no power of governement in the Church Much more might be said here against the reasoning of this late Historian were it sitt to insist upon every such frivolous argument of his So then from these forocited Historians from Baronius in his Annal it appeareth that the Church of Scotland was severall hundereths of years without a domineering Prelate after this time that this Palladius came she was still in a decaying condition through the increase of popery which at length did overspread the whole land in which Romish darkness she did ly untill about the year 1494. About which time the Lord began to visite that poor Church with his salvation to cause some light of the Gospel to break up in severall places of the land but no sooner did the light appear but as soon did those Antichristian Prelats vassals of the Pope begin to rage to raise persecution against the young professors of the truth followers of the lamb so with fire faggot they sought to destroy all who prosessed the true Religion untill about the year 1550. when notwithstanding of all this rage cruelty of the Beast his followers the knowledge of the trueth did spread through the land a farther worke of Reformation began to he caryed on by worthies whom the Lord raised up such as famous Mr Knox others who were singularly owned of God in that work Though Mr Spotiswood according to his usuall maner of mistaking the works of God of venting his enmity to piety purity is pleased in the 60. page of his history to say that this Reformation was violent disorderly And albert at that time the Queen was endevouring by all means possible to keep up the Idolatry of Rome to suppresse the Reformed Religion so powerfully did the Lord in his goodness assist these worthves that in the year 1560. there was a large Confession of Faith drawn up at the command of the Parlament which did conveen that year in which Confession all the Popish errours were renounced after it was exhibited to the Parliament there read when it was read the Prelats who were there present had not one word to speak against it which when the Earle of Marshall did perceave he said Seing the Bishops who by their learning can for the zeal they should have to the truth would gain say if they knew any things repugnant say nothing against the said Confession I cannot but thinke that it is the very truth of God Thus this Confession was openly avowed professed by this Parliament as is clear by the act 6. parl 1. King Ja. 6. Au. 1567. act 86. par 6. An. 1579. where these words are found in both acts and decerns declairs that all sundry who either gainesayeth the word of the Evangell receaved approved as the heads of the Confession of faith professed in parliament of befor in the year of God 1560. At this Parliament there are severall acts made against popery as against the Masse against the Popes authority jurisdiction for such as were for the Reformation or the Congregation as they were then called did supplicate that they would condemne the Antichristian doctrine would restore the Discipline of the ancient Church discharge the popes jurisdiction accordingly as was said there is an act made ordaining that the Bishop of Rome called the Pope have no jurisdiction nor authority within the Realme in any time coming and that no Bishop or other prelate of the Realme use any jurisdiction in time coming by the said Bishop of Romes authority under the pain c. which was afterwards ratified by severall acts in the dayes of King James And thus by act of Parliament the Reformed Religion is established the church governement by Prelats is virtually discharged because Prelats then had no power but what they had from Rome when the current is cut off at the head it must needs cease in the streams But this will be the more clear if we consider how the Reformers were dealing for the establishment of Discipline together with the Doctrine knowing that the doctrine would not be long keeped pure if the Popish discipline governement were still retained upon this the great council giveth a charge dated April 29 1560. requiring commanding them in the name of the Eternall God as they would answer in his presence to committ to writing in a book deliver their judgements touching the Reformation of Religion which heretofore in this Realme as in others hath been utterly corrupted According unto which charge the first Booke of Discipline as it was called in which book the governement
And seing ther can no instance be produced out of the History of Scotland since ever it was a Kingdome that any subject noble Man or other was accused of high treason for such a cause surely this noble Mans case was unparalleled 3. Is not this strange considering what the principle of Royallists is They say that Conquest giveth a just tittle to a crown So sayeth D. Ferne Aâ—…nisaeus Maxwell in his Sacro Sancta Regum Majestas Cap. 17. And by this principle Cromwell was the lawfull supreme Governour of the Kingdome of Scotland and had just tittle right to the Crowne thereof having now conquered the same if this principle of theirs be true which is much questioned by their opposites no complyance with him could by any law in the World be treason against any Prince whatsomever for obedience unto concurrence with a lawful supreme Magistrat can be treason against no man living How then could this noble Man be challenged upon the account of treason for complyance Let all the Royalists answer this without contradicting themselves if they can 4. Is there any lawyer who can produce such a definition of treason against a Prince or a supreme Magistrat out of the civil law as will condemne the deed of this worthy noble Man make complyance with a conquerour for the good saifty of the countrey after all meanes of defence are broken lost an act of treason And since the civil law can condemne no such deed as treasonable the sentence given out against his noble Man must be without all warrand of law 5. Are there not many countreyes Kingdomes cities that have been overrun by their enemies have had their own lawfull Governours put from them so have been forced to live under the feet of strangers hath it not been usuall for them to comply with such as had the present power in their hand for their own saifty the good of the place And was it ever yet heard that such were accused condemned of â—…reason against their own lawful Governours thrust from them sore against their wills for any such complyance And is it not wonderful that this eminent noble Man should become a preparative unto all the World So then to put a close to this let an appeal be made to all Governours of Commonwealths Statesmen Lawyers Casuists Politicians Canonists Quodlibâ—…tists yea Royalists if they will speak consonantly to their own principles their answer interloquutour be had in point of law unto this question Whether or not when a land is overcome in battel once againe a thrid time a fourth time so aâ—… they are forced to lie under the feet of the conquerour and expect his mercy their own supreme Magistrat is forced to flee away for his life without all hope of returning so they left without all goverment but what they have from the conquerour when it might have been expected that he would have ruled them disposed of them jure conquestus as conquered according to his own pleasure yet he did admit such as they thought sit to choise to sit in his supreme Councel for giving their advice for regulating the affaires of that Kingdom common wealth which is now conquered subdued Can it be treason in any when chosen by the countrey to sit in these Councells advise what they think best for the good of the countrey Or can they or any of them be challenged or accused condemned as guilty of heigh treason when providence bringeth back the prince after ten yeers absence for acting so under the conquerour for the good of the land to prevent its utter ruine destruction And if the answer shall as certainly it will be negative then it is beyond all question that the sentence execution of this worthy noble Man upon this sole account shall be matter of astonishment to all that hear of it know the cause thereof Thus a great prince falleth within five dayes therafter a great prophet falleth as shall be shown in the next section SECTION V. The groundes of the suffering of Mr Iames Guthry Minister at Sterlin who was executed the first Day of Iune 1661. examined AFter the parliament is assembled Mr Iames Guthry minister at Sterlin who was one of those ministers who were incarcerated for the cause above mentioned Sect. 3. who after some weeks imprisonement in the castle of Edenburgh was carryed thence imprisoned in Dundee from thence is sent for by the parliament impannalled before them being accused of high treason He was a man who had been honoured of God to be zealous singularly faithfull in carrying on the work of reformation had carryed himself streightly under all changes revolutions because he had been such an eminent one he must live no longer for he is condemned to die most basely handled as if he had been a notorious thief oâ—… malefactor he is hanged afterward his head is stuck up upon one of the ports of the city of Edinbrugh where it abideth unto this day preaching the shamefull defection of these who dealt thus with him calling to all who goe out in at the gate of the city to remember their covenant with God for which he died a martyr But it is like many will think it behoved to be some great crime for which this eminent servant of the Lord was thus handled but what if it be no such crime yea what if it was a duty for which he was thus put to suffer Reader thou shall hear ir then thou mayest judge Some ten years before he was challenged by the King his councell for a doctrinall thesis which he had maintained spoken to in sermon because he found them incompetent judges in matters purely ecclesiasticall such as is the examination and censureing of doctrinall poynts primo instanti he did decline them upon that account This is his crime for this he is condemned as guilty of high treason this will be the more wonderfull if thou consider how as thou hast heard many worthy precious servants of christ did decline the King his councell in the dayes of King Iames such as Mr Baleanqual Mr Melvin Mr Blake Mr Welch Mr Forbes others as incompetent judges in causes meerly ecclesiasticke and yet ther was never one of them put to death It is true there was an act of Parliament Anno 1584. dischargeing such declinatures under the paine of treason but the very next year Anâ—…o 1585. King Iames himself did emit a declaration shewing that he for his pairt should never that his posterity ought never to cite summond or apprehend any paster for matters of doctrine in religion salvation heresies or true interpretation of scripture but avoucheth it to be a mater meerly ecclesiasticall altogether impertinent to his calling Which though not equivalent to an Act of parliament yet whether
objections how he cleareth it from Act. 7 51. Hos. 2 1. Dan. 3. 6. Act. 4. 5. 6. Hos. 4. 15. Iud. v. 23. About this same time there is another minister banished indictâ causà for while he was going towards Irland upon some particular occasion he was brought back By the command of the committee of Estates committed to prisone untill the meeting of Parliament then receiveth summones of treason to which when he had desired some time to answere he is sent back to prisone when he expecteth to be called upon to give in his defences he was sentenced with banishment out of his Maj. dominions And which is more to be wondered at Neither these two ministers nor any other who were afterward banished as shall be showne could ever to this day get an extract of their sentence which no judicature in the world could ever have refuised in equity justice yea because the power of the Parliament Councell of Scotland could reach no furder then their own bounds so could banish none any further then out of Scotland they devise another way draw up a bonde where in the subscriber bindeth himself under the paine of death to remove out of all his Maj. dominions betwixt such a day not to returne without license under the paine of death this bond they caused the banished ministers subcribe before witnesses which they were all necessitated to do to save themselves from worse Judge reader if this was not both cruell unreasonable SECTION VII Concerning their sufferings who refuised to observe the Anniversary Day AMong other Acts of the first Session of Parliament there is one for a solemne anniversary thankesgiving wherein they statute ordaine That in all time coming the twenty ninth day of May which was the day of â—…his Maj. birth restauration to his government be set a pairt as a holy Day unto the Lord that in all the Churches of the Kingdome it be imployed in publick prayers preaching thankesgiving praises to God for so transcendent mercies that all trade merchandise work handy-labour other ordinary imployments be forborne the remaineing part of the day spent in such lawful divertishments as are suiteable to so solemne an occasion Unto which Act many of the ministry did give obedience out of fear But others could not in conscience yeeld thereunto not only because it is not in the power of any under heaven to appoint anniversary holy Dayes the Creator alone having reserved that power into his own hand to consecrate any portion of time he pleaseth make it holy So as holy duties must attend it as holy duties acts of worship attend the Sabboth-day the only holy Day which is now warranted by the Word of God It is true the Church may when God by his providence is calling to mourning to fasting or to thankesgiving set some time a pairt for these duties of praying or rejoiceing but then the time doth attend the dutyes called for the duties doe not attend the time as they do the Lord's Day But also because of the grounds reasons of the solemnizeing of that Day which are contained in the narrative of the act unto which no man who had not made shipewrak of faith of a good conscience could consent as every one may see who will but ponder the Act a part whereof to give but a taste of the whole followeth The â—…states of Parliament of the Kingdome of Scotland taking to their câ—…sideration the sad condition slaverie bondage this ancient Kingdome hath groaned under durcing these twenty three years troubles in which under the specious pretences of reformation a publick rebellion hath bâ—…en by the treachery of some mispersuasion of others violently carryed on against sacred authority to the ruine destruction so far as was possible of Religion the Kings Maj. his Royal Government the laâ—…es liberties property of the people all the publick private interests of the Kingdome So that Religion it self hath been prostitute for the warrand of all these treasonable invasions made upon the Royall Authority And disloyal limitations put upon the alleagiance of the subjects c. By which what followeth it may be obvious to all who read consider the said Act. That none could so much as preach on that day or give any countenance to such a work unlesse they would condemne all which had been done for twenty three yeers space in carrying on of the work of Reformation as being the height of treachery rebellion designedly purposely carryed on under the specious pretexts of Reformation And what faithfull Minister durst adventure on that to condemne King Parliaments Church State themselves too as treatours rebells unworthy to live any longer Can any expect that Ministers before they be convinced of a fault should be so rash unadvised as to goe to pulpites with ropes about their necks declare before all that they had been so long possibly all their dayes as to some young men living a life of rebellion against the lawfull Magistrat carrying on a course of â—…rebellion to the ruine of Religion King Kingdome And can it be expected in reason that such as refused to countenance that day should be condemned by any who shall but seriously consider what are the consequences of such a complyance Neither let any say that it was out of disrespect to his Maj. that any Minister did refuise to countenance the work of that day For all of them did willingly keep a day of solemne thankesgiving at his coming home And Presbyteries Synods did chearfully appoynt dayes for that effect That which the famous learned Voetius observeth concerning such dayes in his Polit. Pag. ult viz. That it may come to passe that the time when such an anniversary day should be keeped may be a time when God calleth for fasting mourning then such may look for that woe Isa. 22 12 13. As rojoyce when they should mourne is considerable whether it was a fit season then to rejoyce or not let the Reader judge when he considereth that upon the Monday before that anniversary day the famous Marquis of Argile was executed upon the Saterday thereafter Faithfull Mr Guthry was put to death And that also which he sayeth against Ministers keeping a sinfull fast Pag. 993. Holdeth good here for Ministers were clear that this was against the common cause of God And therefore many who could not satisfy themselves with some fine distinctions evasions to reconcile themselves unto the publick lawes resolved with the primitive Christians to hazard their reputation of loyalty as Stillingslcet sheweth in his Origines Sacra Pag. 321. rather then to countenance such impiety SECTION VIII The grounds why Ministers did resuise to goe to the Prelats Courts cleared A Little after his Maj. returne he was pleased to write unto the Presbytery of
calling for God giveth no command to do evill nor to tyrannize He is not God's vicegerent when he playeth the tyrant therefore he may be resisted opposed without any violence done to the office or ordinance of God As the King's messinger may be resisted withstood when he crosseth his commission warrand without any wrong done to the office or to the King Every disobedience in things sinfull is not a resisting of the ordinance of God The office may be owned the person in the office honoured esteemed as he ought when yet his unjust violence may be resisted his sinfull commands disobeyed for it is onely powers that are ordained of God that must not be resisted tyrants or Magistrats turning tyrants and exerceing tyranny cannot be called the ordinance of God though the office abstracted from the tyranny be the ordinance of God And there is no hazard of damnation for refuseing to obey unjust lawes but rather hazard of damnation in willingly following after the command And so there is no danger in resisting such Acts of tyranny for tyrants exerceing tyranny are no terrour to evil doers But on the contrary they are a terrour to good works therefore that place Rom. 13. cannot be understood of tyrants It is a true a worthy saying of famous Mr Knox in his history of Soâ—…land Lib. 2. pag. 141. There is a great difference betwixt the authority which is Gods ordinance the persons of those who are placed in authority The authority God's ordinance can never do wrong but the corrupt person placed in authority may offend So that the King as king is one thing the king Acting tyranny is another thing They plead not for rebelling against the office or resisting that which is God's ordinance They did never intend to destroy Magistracy or to lessen the Kings Maj. just power lawfull authority or to wrong the office in the least And therefore all the arguments of their adversaries taken from Rom 13. or the like places which speak against withstanding opposeing of the office divine appoyntment of God are of no force against them their cause Tyranny is one thing the office of the King is another thing And what arguments speak well against resisting the office or the person duely legally dischargeing the duties belonging to that office will not conclude against resisting of tyranny So that all the arguments taken from Numb 16. Exod. 22 28. Eccles. 10 20. 8 2 3 4 Prov. 17 26. And the like places do not speak home to their case 2. There is also a great difference betwixt riseing up in armes without any just lawfull ground or for trissles or matters of small moment as for the exacting of some more tribute then is due by the law or the like riseing up in armes in extreme necessity when religion lawes lives liberties all that was dear to them as men as christians were in hazard and this was their case for the king came with an army upon them blocked them up both by sea land thus with forraigners was seeking to subdue them so to overturne religion lawes liberties all was not this extream necessity What more imminent danger could be expected then an army of bloody papists bent to prosecute their bloody designes coming with fire sword encouraged by a commission from the king so approaching their very borders Was there not then a necessity an extreme inevitable necessity to rise up in armes for the saiftie of religion lawes lives liberties when all was thus in most imminent danger Should the Parliament the whole body of the land give up unto the lust of these bloody irish popish prelaticall malignant enemies their own lives the lives of their wives children their liberties as men as christians Should they sell religion the land their soulls their consciences unto those men because for sooth they had a commission from the King there is no reason in the world for this Therefore seing there is nothing more dear to people then their religion their lives their liberties a warre raised in the defence of these cannot be accounted a warre raised upon trissles or sedition faction or mutiny but a necessary defensive warre not raised upon privat injuries discontents But upon matters of the greatest importance necessity viz to prevent the extirpation of religion the subversion of lawes liberties the destruction of lives all Cicero de officis lib. 2. can tell us that omnium societatum nulla est gratior mella carior quam ea quae cum republica est nui cuique nosirum cari sunt parentes cariliberi propiâ—…qui familiares sed omnes omnium caritates patria una complex a est pro qua quis bonus dubitat mortem oppetere si ei sit profuturus 3. There is also a difference betuixt a war raised of purpose to force the supreme Magistrat to be of the same religion with the subject or else to dethrone him and a war raised to defend that religion which both Magistrat subject owneth Betuixt a war raised in defence of that religion which hath never been established by the lawes of the land and a war raised in defence of that religion which is publickly owned by the lawes of the land which King subject both are sworne to maintaine which by the lawes becometh a civill right a part of the civill liberty of the subject Whatever may by said against a war raised in the former case yet in this last case a war defensive is most warrantable and this was the very case of Scotland for they were seeking to defend the religion which was established by the lawes of the land which popish prelaticall malignants were seeking to overturn So that any argument which adversaries can bring from the practice of the primitive christians will conclude nothing against them because the true religion was not then established by law the emperours had never consented therunto but it was otherwise in Scotland as hath been abundantly shown Sect. 1. 2. 4. There is also a difference betuixt a violent laying of hands upon the person of the King of purpose to destroy cut him off or to denude him of his just power privilege that in cold blood too by privat persons for some personall injuries This they abhore ever have abhored and betuixt a sinlesse self defence when unjustly assaulted by armies sent by the King to destroy cut them off In pleading for a sinlesse self defence they do not plead for an illegall taking away of the life of a King Their raising of forces in their own sinlesse self defence cannot be condemned there being an actuall invasion made upon their lives liberties which made their war to be tutela vitae proxima the last refuge for the life the only remedie
Covenant And presbyterian Government was no way secured it not being once named but wrapped up in generall under the reformation in doctrine worship discipline Government unto which independents separatists might assent purposeing to preserve the same against the common enemy yea even such as entered into the Covenant could not agree in its sense as may be seen in the Parliament of England's baffling the Scottish Commissioner's declaration Anno 1647. other papers Ans. 1. To say that the Covenant was purposely framed in generall termes that severall parties might be fast united against prelacy is a base slanderous imputation But suteth him well who pleadeth for such a cause If the Covenant for the most part be thus conceived in generall ambiguous termes how cometh it to passe that he produceth not instances thereof no not so much as one Was it not as cleare as the sun shineth at noon day that the reformed government of the Church of Scotland at that time was presbyteriall And did not himself say a little before that at that time there was no such officers in the Church of Scotl. as are mentioned in the second article of the league Covenant And whereas he sayeth that severall sects did lurk under the lap thereof doth â—…he think this a cogent argument to prove it's ambiguity What sect is it which doth not plead scripture Shall scripture therefore be accounted ambiguous 〈◊〉 No not at all Let men of corrupt mindes principles wrest words in the Covenant as they please the Covenant to any who shall reade it is plaine clear enough he who will wink may wander at noon day let men imagine put what glosses they will on scripture It is plaine hath but one sense But what will all this make to the businesse Will the obligation of a Covenant in which some men think there lyeth some ambiguities be loosed upon that account This must be proved ere it be received off his hand as a truth neither he nor any of his party hath hit hertill attempted any such thing Lastly is there any ambiguity in the second article Yet sayeth he were it not better to lay aside when now it is disclamed by Kiâ—…g Parliament all persons of trust in the land a human for me which in respect of the composure of it is apt to be hath been is like to be a seminary of variety of parties worse evills then prelacy is imagined to be When he hath made it to appear that this composure is apt of its own nature to be such a seminary of worse evills then prelacy his advice may be taken to consideration but till then which will be ad Calendas gracas he must excuse the Covenanters for neither King nor Parliament though they had the pope with them can give a dispensation in a matter of an oath And King Parliament with all the persones of trust will have enough to do to hold the broad roll the curse off themselves their houses their posterity to keep themselves out of his hands Who will be a swift witnesse against false swearers though they undertake not to protect others from the wrath vengeance of God The last particular which he exaggerateth is the limited or conditionall preservation of the King's Maj. person authority viz. in the preservation defence of the true religion c. He enquireth whether this was right or not And if difference in religion loose a people from their duty to the King To which a short reply will suffice 1. Though it were granted that there were some thing wrong here this will not ground the non-obligation of the Covenant in other particulars what hath he gained then 2. What ever wrong may be in wording this article thus The blame is not be laid upon the first authors of this league Covenant For in the nationall Covenant which was subscribed at first by King Iames his houshold Anno 1580. And in obedience to an act of Councell together with an Act of the Generall Assembly by persons of all rankes Anno 1581. And againe subscribed by all sorts of persons Anno 1590. 1591. The Covenanters duety towards the King is so qualified in these words We protest promise with our hearts under the same oath hand write paines that we shall defend his person authority with our gear bodyes lives in the defence of Christ's evangell liberties of our contrey ministration of justice punishment of iniquity against all enemies within thâ—… realme or without So that if he annull the leagué Covenant upon this account he must much more annull the nationall Covenant whereof King Iames was the author For in that there is more addâ—…d to the qualification of their duty to the King viz. his minisiration of justice and punishment of juiquity So then this clause in the league being consonant unto that in the nationall Covenant needeth not be so much quarrelled at 3. It is like he is displeased with any such qualification but his reason is not very forceable viz. because it would insinuat that they were no otherwayes bound to defend him for it will only insinuat that the Covenanters are to preferre that which is of greater moment unto that which is of lesser concernment that they are to preferre the end unto the mean leading to the end That is when the King is in direct opposition unto the cause work of God it becometh them to preferre the interest of Christ before man's not to help the mighty against the Lord but the Lord against the mighty And when defending promoveing or any way advanceing the authority of the King shall directly tend to the ruine of the interest of Christ religion no Christian is bound to concurre And this was granted even by the Parliament Anno 1648. So that the question betwixt the Parliament the Church at that time was not whether religion the interests of Christ should be preferred to the interest of the King or not But whether the Engadgement which was then carryed on was not a preferring of Man's interests to Christ's for as to the thesâ—…s or major proposition it was granted by the Parliament viz. That Christ's interest should be sought before man's the King's interests only in a subordination to Christ's Thus they did professe openly their owneing of the Covenant their resolution to prosecute the ends of the covenant to seek to secure establish the King's interests only in subordination to the interests of Christ for in their letter to the presbyteries Printed in their records May. 11. They shew that they were resolved to proceed for the preservation defence of religion before all other worldly interests whatsoever to carry on sincerely really constantly the Covenant all the ends of it And againe in their answer to the supplications from Synods presbyteries Iun. 10. insert likewise in their
Scotland in this is consonant to the profession of the Parliament Anno 1648. which did Act most for the King his interest preferring it to the interest of Christ who in their declaration Aprile 29. insert in their Registres Act 17. say That they resolve not to put in his Maj. hands or any others whatsoever any such power whereby the forsaid ends of the Covenant or any of them may be obstructed or opposed Religion or Presbyterian government endangered But on the contrary before any agreement or condition be made with his Maj. having found his late concessions offers concerning religion not satisfactory that he give assurance by his solemne oath under his hand seal that he shall for himself his Successours give his Royall assent agree to such act or acts of Parliament or bills as shall be presented to him by his Parliaments of both or either Kingdoms respectivè for enjoyning the League Covenant fully establishing presbyteriall government directory of worship confession of faith in all his Maj. Dominions And that his Maj. shall never make any opposition to any of these nor endeavour any change thereof What this Author sayeth more in the three last Pages of his pamphlet is but partly a repetition of what he said before so is answered partly obviated by the preceeding discourse SECTION XXIII The nationall Covenant vindicated from the exceptions of the author of the seasonable case caet HIs plea against the Solemne league Covenant being thus examined In the next place his exceptions against the nationall Covenant pag. 30 31. c. must be considered This Covenant is not abjured in the declaration simply in it self but as it was sworne explained in the year 1638. thereafter And so the maine ground whereupon this Covenant is cast off is because of that explication which was then added in which therewas mention made of some things which were referred unto the Generall assembly in these words forbearing the practice of all novations already introduced in the matters of the worshipe of God or approbation of the corruptions of the publick governement of the kirk or civil places or power of kirkmen till they be tryed allowed in free generall assemblies in parliaments And then after the generall assembly had examined these particulars explained the true sense meaning of the Covenant this conclusion was added The article of this Covenant which was at the first subscription referred to the determination of the generall Assembly being determined And thereby the five Articles of Perth the government of the Kirk by Bishops the civill place power of Kirk-men upon the reasons grounds contained in the Acts of the generall Assembly declared to be unlawfull within this Kirk we subscribe according to the determination foresaid Theforesaid pleader for Eaal when he is produceing his grounds against the validity of this oath pitcheth only upon one of these three particulars mentioned viz. the government of the Church by Bishops in reference to this he attempteth two things in his confused discourse 1. He would if he could prove that by this oath as it was at first conceived Anno 1580. 1581 renewed Anno 1590. the governement of the Church by Bishops was not abjured And 2. That the Assembly Anno 1638. did wrong in giving such a glosse sense as they did But he must be followed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 lest any thing should escape first what he bringeth to prove that Prelacy was not abjured by this Covenant must be examined He sayeth That if the Ministers who reasoned with the Doctors of Abâ—…rdeen be to be beleeved they were the prime promotters of the Covenant carryed with them the sense of the body of the Covenanters they who subscribed that Covenant knight with great liberty voice in an Assembly concerning Episcopacy without prejudice notwithstanding their â—…ath upon this ground would perswade the Doctors to subscribe the Covenant because in so doing they should not be taken as abjureing Episcopacy as the Doctors thought And he referreth his reader unto their answer unto the 4. 10. demands Unto which it is Ans. 1. That this is but the old answere brought on the field againe for it was alledged by the Prelats in a pamphlet â—…n 1638. emitted under the name of his Maj. commissioner as most if not all which he here alledgeth is borrowed out of that pamphlet what answers were then given may now suffice Viz. That these Ministers who reasoned with the Doctors of Aberdeen denyed indeed that Episcopacy was expresly specifically abjured in the later part of the Covenant which was the addition containeing the application unto the present times But did never say that it was not abjured in the negative confession or nationall Covenant Now it was about that application addition that the debate arose betwixt these Ministers the Doctors The Doctors never refused to subscribe the negative confession as it was called or the Covenant drawne up Anno 1580 1581. for when the privy Councell did emit a declaration enjoyning all to take the Covenant as it was taken Anno 1580 1581 1590 1591. as others did not so neither would they have scrupled at the same But they alwayes refused to subscribe to that part which was added and one of the grounds why they did scruple at the subscribeing of that was this They thought that by that addition they should be bound expresly directly specifically to abjure Episcopacy the ceremonies of Perth which as they sayd they could not in conscience do Because then they should not have liberty to vote freely according to their judgments Concerning those things in the Generall Assembly And unto this the Ministers answered that the words of that addition were purposely so contrived as none might scruple upon that account And indeed as to Prelacy the words run thus that they should forbear the approbation of the corruptions of the publick Government of the Kirk And the reason was because there were severall honest well minded people in the land who could not distinctly clearly see that the ceremonies the Government of the Church by prelats were directly contrary to the confession of faith abjured therein But were waiting for light in those matters from the ensueing Generall assembly who they knew could give most clearnesse in the matter of fact And could best show what was the Government of the Church at that time when the nationall Covenant was first subscribed And also what was the meaning of the reformers as to severall particulars in that Covenant So then though it be true that by taking of the oath or swearing that additionall explication Anno 1638 No man was bound up from reasoning debateing nor from free voteing in the matter of prelacy in the nationall Assembly Yet it will not follow that prelacy was not abjured by the negative confession or nationall
the times as to condemne their own former proceedings to intertaine strange unbeseeming thoughts of the wonderfull works of the righthand of the most High wrought among them so become ashamed of their cause durst not adventure to speake in their own justification Therefor being consident of the good acceptance which this undertaking shall meet with from compassionate Christianly affected churches people about persuaded that God whose interest Cause this is will in his own good time arise plead the same vindicate his work from all the aspersions calumnies of men by a reviving therof in the middest of the years a best irring of himself for the carying on of the same untill the copstone be put on therby give such ane unanswerable Apologie as shall be sufficient to stop the mouths of all adversaries to confirme his followers comfort the saddened hearts of his sufferers This present piece of worke was the more chearfully undertaken to the end beside what use the present suffering members of that church might make hereof for their own satisfaction incouragement strengthening in the Lord that such of the nighbour churches about whose ears have been filled with the slanderous reports to the vexing of their souls raised by the adversaries of that church caryed on by all the art of hell to the strengthening confirming of their ill cause may be undeceived rightly informed touching the truestate of affaires in that church And to this end it will be sufficient in the first place to give a short clear Historicall relation of the troubles which the former Prelats which were in that church did creat unto her both in their rising when they did come unto their hieght of the wonderfull maner of the Lords bringing them down casting them out of that land church with shame disgrace And then to give some vieu of the present state of that church by mentioning some particulars which are the grounds of the present sufferings of the people of God there clearing the equity justice of their cause who have choysed affliction rathen then sin when by this means it shall be seen from what an exellent desirable state that church is now fallen as in a moment into what a condition of wo lamentation she is now plunged all who are Christianly affected with the afflictions of Joseph may be moved to compassionat her case to sympathize with her if they can do no more be stirred up to minde that bleeding swooning almost expiring church of Scotland at the throne of grace SECTION I. Shewing how the church of Scotland was long governed without Prelats after what maner they did arise to their height there without the Churches consent IT is not unknown that according to the testimonie of Origen Tertullian the Scots did embrace the faith amongst the first probablie as Buchan sheweth they received it from some of Iohn's disciples who fled by reason of the persecution caused by that bloudy Domitian so that about the year 203. which was the 4 year of King Donald the first Christian Religion was publickly professed the King himself his Queen diverse of the Nobles being solemnely baptized after which he purposed to root out Heathenisme out of the Kingdome but was hindered by wars with the emperour Severus There after about the year 277 King Cratilinth intended a Reformation but was much hindered by the heathenish Priests called Druides from their sacrificing in groves under oaks as some suppose who by their subtyle insinuations power had much influence upon the people yet the Lord did seconde the intentions of this good King sent several worthy men both ministers privat Christians from the South parts of Britan where the Nynth Tenth Persecution under Aurelius Disclesian did rage these for their single retired life were called Culdees quasicultores Dei more probably then because of their living in Cels and this work continowed till about the year 360 then did meet with a great interruption by reason of civill wars wherby the land was wasted all thâ—… Scots banished untill about the year 420 when Fergus the second came into Scotland whose son Ewen sent for the exiled Culdees gave them great encouragement they did set themselves to their worke And this continowed untill about the year 452 when Palladius being sent into Britaine by Pope Celestin came into Scotland who by his subtile insinuationâ—… did gaine so much upon the simple people as that in a short time he moved them to consent unto a change of the governement of the church into Prelacy himself became the Arch prelate But befor this Palladius came Scotland never saw a Prelate if our ancient Historiographers be to be beleeved such as Balcus in his Historie of the Britons c. cent 14. cap 6. saying Ante palladium Scoti c. befor Palladius came the Scots had their Bishops ministers by the ministry of the word of God chosen by the suffrage of the people after the custome of those of Asia but those things did not please the Romanes Beda in his History of England Lib. 1. who sayeth Palladiuâ—… ad Scotos c. i. e. Palladius was sent unto the Scots who beleeved in Christ by Celestin the Pope of Rome as their first Bishop Prosper in his Chron ad An. 436 saying Ad Scotos c. i e. unto the Scots then beleeving in Christ Palladius is ordained by Pope Celestin sent thither the first Bishop Iohn Fordon in his Scottish Chronic. lib. 3. c. 8. saying Ante Palladis adventum c. i. e befor the coming of Palladius the Scots had for teachers of the faith ministers of the Sacraments presbiters onely or Monks following the customes of the primitive church Iohannes Major speaking of the same Palladius who sayeth per sacerdotes monaches c. i. e. the Scots were instructed in the Christian faith by Priests Monks without any Bishop and Buchanan who sayeth nam ad id usque tempus c. i. e. to that very time speaking of Palladius coming into Scotland changing the governement the churches were ruled by monks without Bishops It is true Spotiswood in his late History would make the world beleeve that in the dayes of the Culdees there was no governement in the Church of Scotland but Prelaticall because Boetius sayeth that those priests or Culdees were wont for their better governement to elect some out of their number by common suffrage to be chief principall among them without whose knowledge consent nothing was done in any mater of importance that the person so elected was called Scotorum Episcopus farther as if his bare dissenting from Buchan would be enongh to blast the reputation weaken the credite of that Renowned Historian he sayeth p. 7. of his History what warrant he i. e. Buchan
of the church by Prelats is overturned church Sessions are established the way of Election tryall of Ministers contrary to the Episcopall way is appoynted severall other things tending to the right governing of the church are determined is drawne up presented to the conncell May 20. 1560. Whereupon there is an act of councill to this effect We who have subscribed these presents having advised with the Articles therein specified as is above mentioned from the begining of this book thinke the same good conforme to Godâ—… word in all points conforme to the notes additions here to eeked promise to sett the samme forward to the uttermost of our Power providing that the Bishops Abbots Priors other Prelats Beneficed men who else have adjoyned them to us bruik the revenues of their benefices during their life times they sustaining upholding the Ministry and ministers as herein is specified for the preaching of the word and administrating of the Sacraments and this act is subscribed by twenty six Noblemen among the rest by Mr. Gordon who was Bishop of Galloway by the Dean of Murray Spottswood in his History is so convinced that this book was directly against the Prelats that he sayeth pag. 174. it was framed by Iohn Knox partly in imitation of the Reformed Churches of Germany partly of that which he had seen at Geneva nather of which Churches did favoure Prelats It is true the late Historian the Archprelate would make the world beleeve that the Superintendents which are spoken of in that Book of Discipline were nothing else but Bishops But his fondo mistake in this will appear to any who will but consider these particulars 1. What the thoughts were which this Archprelate had of this book which treateth of those Superintendents as 1. That it was framed by Iohn Knox famous Knox first nor last was never a friend to prelats or prelacy 2. he sayeth that it was done in imitation of reformed Churches such as Geneva and those of Germany these Churches knew no prelats 3. He sayeth it was no better nor a dreame so could never take effect but had it been an establishing of Prelacy it had been no dreame in his accompt and he would have said that it had taken effect 4. He willed wished that Iohn Knox had retained the old Policie so this book contained a policie distinct from the old policie a Policie which was not the same with Prelacy 2. What the thoughts were which such as were for the Reformed Religion had of it Now they looked on it as the Discipline of the ancient Church therefor after it was drawn up they did supplicate the Parliament for the restauration of the Discipline of the ancient Church for the discharging of the Popes usurpation of all that Discipline which did flow there from as being inconsistent with the Discipline of the ancient Church with the Discipline contained in that book But 3. It cannot enter into the heart of any rationall man to think that these Reformers were so inconsiderate asâ—… to sett up Prelats with the one hand when they were doing what lay in their power to pull them down with the other It was not popish Prelats alone which they were labouring to turn out of the Church of Christ for when some of those who had been popish Prelats before had relinquished Popery embraced the Reformed Religion and had subscribed unto the book of Discipline as Mr Gordoun in Galloway yet they would not suffer such to exerce the power of superintendents Mr Gordoun with all his moyen could not obtaine that power so that Spotiswood when he sayeth in his Latin Pamphlet called Refutatio libelli de Regimine Ecclesiae Scoticanae pag. 4. also in the Epistle Dedicatorie that the former Bishops who joyned with the Reformers keeped still their full power jurisdiction bewrayeth his impudence falshood His words in his Epistle are these Et prasulibus pristiâ—…s modo â—…idei orthodoxa non restitissent nec ademptâ—… dignitas nec imminuta fuisset jurisdictio quod ita liquet ut hoc vel inâ—…iciari sit nâ—…gare Solem in ipsa meridie lucere in the book he sayeth quotquot autem a puriore cultu non abâ—…orrebant â—…is jâ—… utendi fruendi Episcopatuum fructibus privilegiis omnibus jurisdictio etiam quam ante usurpabant quatâ—…nus Religionis incolumâ—…t as pateretur continuata This is the height of impudency thus to avow palpable untrueths that the faithfulness of this Historian may for ever after be suspected let it be observed that in his History which he wrote in English which every one might have more easily understood so discovered his falshood he durst say no more but that these Bishops enjoyed the rents of their benefices See pag. 175. Moreover 4. The book of Discipline it self giveth the clear ground of their appointing of these Superintendents in these words We consider that if the Ministers whom God hath â—…ndued with his singular graces among us should be appointed to severall places there to make their continuall residence that then the greatest part of the Realm should be destitute of all doctrine which should not onely be the occasion of great murmure but also be dangerous to the salvation of many and therefor we have thought it expedient at this time by this means the simple and ignorant who perchance have never heard of Iesus truelie preached shall com to some knowledge and many that are dead in superstition and ignorance shall attaine to some feeling of godliness by the which they shall be provoked to seek farther knowledge of God and his true Religion and worship and therefor we desire nothing more earnestly then that Christ Iesus be once universally preached throughout the Realm c. From whence it appeareth that these Superintendents were onely chosen for that present exigent when there were so few learned able Ministers so many places of the countrey destitute of Ministers so that the harvest was great the labourers very few Superstition popery was remaining in many places of the countrey people were in hazard to continow therin having either no Minister to clear the trueth to them or such onely who were ready to harden them in their superstitious courses therefor there was a necessity at that time while the Church was but in siâ—…ri that some of the most able of the Ministry should be appointed to travell through such such places of the countrey to preach the Gospel to see to the planting of faithfull able Ministers according to the rules sett down in the book of Discipline But 5. so cautious were the Reformers that they would not acknowledge those to be Bishops either in name or thing for as their worke was extraordinary so they gave them an extraordinary name They would not suffer any who had been Bishops before in time of popery to
passi non aliud perfugium haâ—…bant quam ut Aâ—…licorum libidâ—…i se dederâ—…nt he sayeth The Bishops were so hard put to it that they had no other refuge but thus to satisfie the Court give away their revenues to their lusts Anno 1590. The Generall Assembly doeth abrogate the power of Commissioners devolveth the work on Presbytâ—…ries Anno 1591. The Recantation of Mr Patrick Adamson is presented unto the Assembly where among other things he confessed he had eâ—…red in thinking the governement of the Church was like other civil governements in labouring to have the Church in maters Ecclesiastick subject to the Kings lawes And with all he confesseth that the Earle of Arran had a minde to have burnt the Registers of the Assembly Anno 1584. that at Falkland before they were delivered to his Maj. a Bishop Mr Henry Hammilton took out some leaves which spoke against the Governement by Bishops that he had consented thereunto Anno 1592. in May the Generall Assembly doth meet resolveth on some propoâ—…itions to be presented to the ensuing Parliament As 1. That the Acts of Parliament made Anno 1584. against the discipline liberty authority of the Church be annulled 2. That the Discipline of the Church be raâ—…isied 3. That the Act of Annexation be repealed and 4. That the Abbots Pâ—…iors other Prelats bearing the titles of Church-men giving voice in Parl. in name of the Church without her consent be discharged to vote any more When the parliament conveeneth in June The liberties of the Church are ratified all her Courts Generall provinciall and presbiteriall Assemblies Church Sessionâ—… the Juâ—…sdiction Discipline thero â—…s declared to be just good godly in it self in all time coming not â—…anding of whatsoever sâ—…atutes acts canons â—…vilier municipâ—…ll lawes made in the contrare All acts fomerly made for establishing the Popes authority are abolished It is likeways declared that the 129. act Anno 1584. anent the Kings Supremacy against declining of the King his Councill in Church maters shall be no wayes prejudâ—…iall nor derâ—…gate any thing to the previledge that God hath given to the sâ—…rituall office-bearers in the kâ—…k concerning heads of Religion maters of heresy Excommunication collation or deprivation of Ministers or any such like 〈◊〉 â—…all censures specially grounded having warrant of the word of God Item they abrogate annull that act of parl 1584. which did grant Commission to Bishops other Iudges constitute iâ—… Ecclesiasticaell causes to receive his Highness presentations to benefices to give collation there upon to put order to all causes Ecclesiasticall And they ordaine that all presentations to Benefices be directed to the particular Presbiteries in all time coming with full power to give Collation thereupon to putt order to all maters causes Ecclesiasticall within their bounds according to the Discipline of the Kirk Thus did the Lord cary on his work unto this period notwithstanding of much opposition which was made thereunto by men of corrupt principles wicked lives who loved not to part with the Church rents the sweet morsell which they desired alwayes to enjoy now is the Churâ—…h there become a shineing Church being reformed both in Doctrine in Discipline now is she become a pleasant vineyaird well dressed hedged about defended from the wilde boars of the forrest King Iames himself was convinced of this when he gave this reason to an English divine why that Church was not troubled with heresie viz because if it spring up in a parish there is an Eldership there to take notice of it suppresse it if it be too strong for theÌ„ the psesbitery is ready to crush it if the presbitery cannot provide against the obstinate heshall finde moe witty he ads in the Synod if he be not convinced there the Generall Assembly will not spare him yea seldome or never did any errour trouble all those Courts for usually it was crushed by presbiteries except what some Bishops did maintaine And thus that Church was indeed as an army with banners terrible to the adversaries of the truth Then were there endevours to have a through worke of Reformation caried on the iniquities of the land were searched out corruptions in Ministers other ranks of people were taken notice of effectuall courses were laid down for preventing such abuses in time coming Publick Fasts were indicted keeped whole eight dayes together And thus the Lord created upon every dwelling place of Mount Zion upon her Assemblies a cloud smoak by day the shineing of a flaming fire by night for upon all the glory was a defence Isai. 4. 5. But this faire Summer Suneshine did not long last The infinitely wise God saw it sitt to bring that Church unto a wilderness againe to cause her meet with a dark dreadfull long lasting winter night Satan stirreth up Papists upon the one hand who saw that if this hedg of discipline were keeped up they could not enjoy the liberty peace they desired prophane politicians Courteours upon the other hand who saw that by this Discipline their licentiousnes would be curbed to bestirre themselves against this established discipline And accordingly they use their power with the King at length prevaile to get him to oppose the discipline to prosecute that designe piece piece till at length Prelats were established in all their power as the following discourse will clearly evince When Anno 1596. the Popish Lords who had conspired with Spaine against the countrey and had been upon that acount banished viz Huntly Arrol Angus were called home the Church saw Religion in danger ordained that particular flocks should be advertised hereof indicted a Fast appointed that some out of each Presbitery should concurre with the Presbitery of Edenburgh in considering of the most expedient way for securing of Religion and now because the Church would not consent unto the Kings calling home those popish Lords he is stirred up by his popish Courteours against the Church incroacheth dayly more more upon her liberties For Mr D. Black minister at St Andr. is cited before the Councill for some alledged expressions in his sermon The ministry seeing that the spirituall Governement of the house of God was intended to be quite subverted thought it best that he give in a Declinatour there in shew that though he was able to defend all that he spoke yet seing his answering to that accusation before them might import a prejudice to the liberties of the Church be taken for an acknowledgement of his Maj jurisdiction in maters meerly spirituall he was constrained to decline that Judicatorie 1. because the Lord Jesus had given to him his word for a Rule so he could not fall under any civill law but in so farr as he should be found after triall to have passed from his Instructions which triall belongeth
flee About this time in other pairts of the Kingdome the ministers honest people who were urged could not give obedience resolved to follow a more regular way and to supplicat the Councell to give in a note of the errours contained in these books which accordingly they did so from severall pairts of the Kingdome there came Ministers professours with supplications sheweing how erroâ—…ons both the liturgy the other books were how dangerous a thing it was to bring in Innovations in a Church how the Reformed Churches of Austria were undone by the violent obtiusion of a liturgy how in the time of Charles the Great the Church was miserably rent some adhering to the Ambrosian Liâ—…gy others choosing the Romane of Oregorian Liturgy how dangerous it was to change the Worship bring in a worse how the King foure years before at his Coronation did solemly swear that he would alter nothing in the Kingdome of Scotland without the free consent advice of those having Interest Unto these Supplications the Councill at first gave a favourable answere told that it was not their minde to presse the publick use of these books that they had forbidden the Bishops to presse the use of these books any more that they had signified their minde to his Maj were expecting a returne The petitioners likewise sent their supplications to his Maj. with the Duke of Lennox who was then returning to London withall did wreastle with God by prayer faâ—…ing that he would incline the Kings heart to hearken unto their just desires would frustrate the endeavours of their adversaries But when the expresse cometh from his Maj. all the answere they get is an Edict published Octobr 18. commanding them to go out of the towne of Edenburgh within few hours under the paine of Rebellion When the Petitioners see this the next day they resolve to act all together joyntly that his Maj. might know it was not a few Puritanes as the impure Prelats were pleased to nickname them but a great mulitude of his Maj. most loyall subjects of all ranks who were dissatisfied And they draw up a complaint against the prelats desire liberty of the Councell to pursue them legally as being the onely authors of the Book of Canons liturgy which containe the seeds of Superstition Idolatry as being guilty of many other crimes that under the highest perrill And withall they shew the Councell that they could not leave the towne untill they saw some course taken for delivering the land from the present imminent dangers When the Councell saw that the number of the Petitioners was great dayly increasing fearing the worst they desired the petitoners would choose some of their number as their Commissioners to prosecute their business that the multitude might depairt this was yeelded unto But ere long the Councell is discharged by an Expresse from his Maj. to meddle any more in that matter Whereupon the Supplicants are necessitated to draw up a Protestation declaring that if any tumult arose through their prosecution of the Cause the Councell onely might be blamed as refusing justice When the Counsell heareth of this they resolve to hear the desire of the Commissioners advise the Bishops to withdraw themselves When the Commissioners compeer they show their Intention was to prosecute their business against the Prelats whom they would prove guilty of grievous crimes under the highest perrill therefore desired the prelats might be excluded it not being fit that parties should be judges The Councell because of the forementioned Expresse might do nothing Onely they write to his Maj. who thereafter sendeth for the Earle of Traquair but he for fear of the Prelats did misrepresent the Cause of the Supplicants returned with a Proclamation from his Maj. which he caused publish at Sterlin where the Councell was sitting in Febr. 1638 In which Proclamation the King owned the books which the petitioners did supplicat against and condemned the meetings of the Supplicants as conspiracies contrary to the lawes of the Land Against this the petitioners prepared a Protestation a copy wherof was affixed at the Crosse of Sterlin herein protested against these Books as full of errours as Innovations against their refusing to receive libells against the Prelats against the High Commission Court obtruded on Scotland contrary to the fundamentall lawes of the land without any Municipall law That prelate should not be judges in their own cause And that all their own meetings were lawfull And that they could not forbear with a good conscience unlesse they should wrong the Glory of God the honour of his Maj. the liberties of kirk Kingdome And because they were commanded to depart forth of the town of Sterlin they go together towards Edenburg there after serious thoughts they finde the maine procureing cause of all these calamities to be the violation of the Nationall Covenant therefore unanimously they resolve to renew that Covenant accordingly they draw it up with some explicatory additions confirmations out of the acts of Parliament binde themselves to adhere unto defend the true Religion forbearâ—…g the practise of all novations already introduced in the matters of the worship of God or approbation of the corruptions of the publick government of the Kirke or civill places power of Kirkmen till they be tried allowed in free Assemblies in Parliaments to labour by all meanes lawfull to to recover the purity liberty of the Gospell as it was established professed before the foresaid Innovations promise swear to continoâ—… in the profession and obedience of the foresaid Religon â—…resist all contrarie errours and corruptions ând that they had no intention to attempt any thing that might turne to the dishonour of God or to the diminution of the Kings greatness and authority and to defend themselves mutually in the same cause c. When the Covenant is thus drawn up it was subscribed by all present copies thereof were sent to such as were absent being read in the Churches was heartily embraced sworne subscribed with tears great joy Great was this day of the Lords power for much willingness chearfulness was among the people so as in a short time few in all the land did refuse except some Papists some aspiring Courteours who had no will to displease the King some who were addicted unto the English rites Ceremonies some few Ministers who had sworne the oath at their entry which was mentioned Anno 1612. Yea such willingness was among the nobles others that they had their own copies of the Covenant subscribed by others of the Nobles Barons ministry laid up in their Charter chists where possibly many of them are at this day When matters are at this passe the Prelats do animate his Maj. to a war and the Covenanters desireing his Maj. might be rightly
the office of Episcopacy pressing the Church with Innovations Particularly Mr Spotiswood for open ordinary prophanation of the sabbath drinking over late in taverns venting atrocious slanders interlining changeing the Acts of the Assembly at Aberdeen facrilege Simonie conniving at Heterodoxies Mr Linsday of Glasgow for oppressing of the Consciences of the Ministers in his Dioecy extorting money from some ministers withholding stipends from others oppressing his Vassals and forceing Probationers to swear some idle vaine oaths which he had invented Mr Lindsay of Edenburgh for admitting none to the ministry but such as would first take upon them the order of Deacons for bowing at the Altar useing the Rotchet other Masse-cloths in time of divine service consecrating Temples useing the Rite of Elevation at the Celebration of the Lords Supper conniving at Heterodoxies maintaining the Ubiquity of Christs body Mr Sideserf of Galloway for open ordinary prophaneing of the Lords day exercing tyranny in his Dioecy conversing with Excommunicated papists defending all the Arminlan many popish opinions Mr Maxwell for kneeling before the Altar wearing popish garments playing at Cards Dice on the Lords day even when the Sacrament had been given oppressing his vassalls keeping friday fasts defending all Arminian many of the most grosse Popish opinions Mr Whitefoord for such flagitious crimes as were notour to all So do they depose Excommunicate Mr Ballantine of Aberdeen VVedderburne of Dumblane for the generall crimes particularly Mr Ballantine for Simony for suspending Ministers because they keeped a fast on the Lords day dedicating a Chappell freeing Papists suspected of Incest from Church censures turning such an Apostate after he had appeared once so zealous for the truth Mr VVedderburne for concurring with Mr Maxwell in drawing up the book of Canons swearing profancing the Lords day commending Arminianisme many points of Popery So do they depose Mr Lindsay of Dunkell Mr Abernethy of Cathnes Mr Guthry of Murray Mr Grahame of Orknay Mr Fairly of Argile Mr Campbell of the Isles as for the generall crimes common to all so in particular Mr Lindsay for Simony Mr Abernethy for Simonie Mr Guthry for being the first who did put on the Surplice in Edenburgh Anno 1633. professing he would be yet more vile to please the King Mr Grahame for profancing the Lords day sacrilege conniving at adultery Mr Fairly for oppressing Intrants with new oaths profancing the Lords day defending the Arminian opinions Thus are those enemies to Church State after they had oppressed tyrannized over that poor Church for a long time wonderfully brought under her feet So let all thine Enemies perish o Lord. And now being filled with rage they all except some few who had acknowledged their wronge run to Court stir up his Maj. to make warr against Scotland accordingly warr is concluded both by Sea Land free tradeing is taken away the Scottish nobility at court are made to abjure the Nationall Covenant the Assembly at Glasgow The English Nobility with all their forces are commanded to meet the king at Yorke April 10. 1639. When the Covenanters see this preparation they emit 〈◊〉 Declaration shewing that Religion was their onely worke Conscience their onely Motive Reformation their Scope that they intended no harme to his Maj. nor did they intend to invade England whatever their malicious enemies did say to the contrary that all this was brought about by the means of some proud perverse Popishly affected Prelats But this Declaration was suppressed in England so that they might not know the true State of affairs and there is a contrary Declaration emitted stileing the Covenanters seditious rebells the like which was read in all the Churches of England Withall the Covenanters learne that the Earle of Huntly is made governour of the north that they are all declared Rebells in England that Berwick Carlile frontier cities were strongly garrisoned that the Earle of Arundale is made Generall that the King was to Rendevouz at York That Huntly had already four or five thousand in armes That Aberdeen was fortifying it self to take in the Kings navy That the Papists in the South were ready to rise with the Marquis of Douglas Lord Harris that the Deputy of Irland intended to Hand some men in the west And therefore after fasting prayer they resolved being in a sort the whole body of the Land the Nobility Gentry Burgesses Commons Magistrats of all sorts in City country to put themselves in a posture of defence to strengthen themselves against Invasion the best way they could to suppresse the enemies within their own bosome Wherein the Lord blessed them so as their enemies both in the North South were compesced with all they did emit a Declaration vindicating themselves their actions from all the aspersions of their enemies answering his Maj. Declaration read in the Churches of England that they might undeceive those of England May 1639. The Kings Navy cometh to Scotland with some thousands of men much provision The Covenanters send a supplication to his Maj. but in vaine for nothing is intended but fire sword The King approacheth their borders with an army the two armies are near to joyne in battell But God was pleased to prevent the shedding of bloud by moving the King to a Pacification wherein the King promiseth declareth that all causes Ecclesiasticall should be determined by Church Assemblies and that there should be a Generall Assembly every year once and that civill matters should be determined by Parliaments That there should be an Assembly held at Edenburgh the 12. of August next and a Parliament thereafter to ratify the Acts of the Assembly Whereupon the Scotish forces are disbanded the Castles are surrendred now the whole land looketh for nothing but peace The Assembly is opened up August 1639. the Earle of Traquair is present as his Maj. Commissioner all these things which were before concluded in the assembly of Glasgow are established his Maj. Commissioner assenting The Covenant was approved in all its heads clauses was subscribed both by Traquair his Maj. Commissioner by the Privy Councell according to a petition of the assembly unto the Secret Councell there is an act of Councell ordaining all in all time comeing to subscribe the Covenant according to the Generall assemblies declaration dated August 30 1639. Now according to the Pacification it was expected that these acts should have had the civill Sanction of the parliament which was to sit down the next day after the assembly was dissolved viz August 31. But before any thing was done by the Parliament to this effect it is commanded to dissolve Decemb. 18. under the paine of treason so the Parliament is prorogued unto the 2 of Jun. 1640. The Parliament for peace resolve to obey but because they had never been adjourned
to make way for repaireing of the ruines building up the breaches thereof for establishing the same on right sure foundations in your Maj. person family and to do those things when they were so litle expected in so quyet peaceable a way and without the effusion of Christian blood imbroyling the Kingdomes in the misery calamities of a new war And as we adore the wonderfull wise hand of God blesse his name who hath done these things so it is not only our practice for the present but our sincere resolution for the time to come to pouâ—… forth the fervent desires supplicatioâ—… of our soull unto the most high by whom kings reigne for the preservation saiftie of your Maj. person for the multiplication of his spirit increase of it upon you that you may imploy your power to his praise the comfort of his people for the Establishing of your just power greatnesse in subordination to him to be faithfull loyall rendering all the dutyes of honour subjection obedience to your Maj. that are due from humble loving subjects unto their native lawfull prince soveraigne And we desire to be perswaded with confidence to promise to ourselves that your Maj. will accept of those our professions as proceeding from loyall honest hearts allow us the protection countenance incouragement in our station callings that may be expected from a gracious king And considering the great happinesse that ariseth both to kirk and state all the members thereof by the mutuall good understanding betuixt the supreme Magistrat the faithfull of the land when it pleaseth divine providence so to dispose the many calamities miseries that in the holy justice just indignation of God do attend the separating or violating of these only sure foundations of states and 〈◊〉 kingdomes We are bold in the integrity of our hearts in the zeal of the glory of the Lord of the good of his church of your Maj. honour happinesse from the sense of manifold great obligations that be upon us before the Lord so to do particularly that of the Covenant That what lets we are not able of our selves to suppresse and overcome we shall reveal and make known that they may be prevented remedied Humbly to presente unto your Maj. and make known the great danger that threateneth religion and the work of reformation in the churches of God in these kingdomes from the desires and endeavour of the remanent of the popish prelaticall and malignant party therein which is begining to lift up the head not only to render hatefull but to bear downe many of your Maj. good subjects who have been imployed as instruments in the work have keeped within the bounds of their duty in promoveing preserving the same so far as humane frailty would permit but also to overthrow that blessed work it self and to reintroduce prelacy the ceremonies the service book and all these corruptions which were formerly cast out as inconsistent with that pure and spotelesse rule of church governement discipline and divine worshipe delivered to us in the word of God as a yoke of bondage that neither we nor our fathers were able to bear and though we know that that Spirit will not want its specious pretences plausible insinuations for compassing these ends yet as there cannot readily be greater disservice to the church of God to these Kingdoms to your Maj. honour happinesse then actings of that nature so we cannot without horrour of Spirit astonishment of heart think upon what dreadfull guiltinesse King Princes Ministers People shall be involved into what fearfull wrath shall attend them from the face of an angry jealous God if after all the light that he hath made to shine in these kingdomes from his blessed word for discovery of the error Impiety of these things after his hand hath been lifted up so high for casting out of the same after solemne vowes engadgments taken upon themselves before God angels men against them if they should againe lick up the vomit thereof God forbid that we should either hear or see such heart astonishing bitter things which would turne the mirth of the Lords people into mourning their songs into most sad lamentations Neither are we lesse apprehensive of the endeavours of the spirit of errour that possesseth Sectaries in these Nations which as it did at first promove a vast tolleration in things religious and afterwards did proceed to the frameing of mischief into a law so we doubt not but it will still be active unto the promoving procuring of the same under the specious pretext of liberty to tender consciences the effects whereof have in a few years past been so dreadfull that we cannot think of the continuing thereof but with much trembling fear Therefore knowing that to Kings Princes Rulers Magistrats appertaineth the purgation preservation of religion that nothing can contribute more unto the preserving and promoveing of religion the work of reformation then that all places of power trust be filled with men of a blamelesse christian conversation approven integrity known affection to the cause of God We your Maj. most humble supplicants subjects with bowed knees bended affections humbly supplicat your Maj. that you would imploy your royall power unto the preservation of the reformed religion in the church of Scotland in doctrine worship discipline governement for the reformation of Religion in the Kingdome of England Irland in doctrine worshipe discipline goverment and to the carrying on of the work of uniformity of religion in the church of God in the three Kingdomes in one confession of faith forme of church goverment directory of worshipe catechisâ—…ing and to the extirpation of popery prelacy superstition heresy schisme prophanesse whatsoever is contrary to sound doctrine the power of Godlinesse And that all places of trust under your Majest may be filled with such as have taken the Covenant are of approven integrity known affection to the cause of God If in a matter that so much concerneth the honour of God the good of his Church your Maj. honour happinesse we be jealous with a godly jealousy we know your Maj. wisdom lenity to be such as will easily pardon And the sense of our duty to God to your Maj. the fear of those kingdoms transgressions by building up againe the things that were destroyed constraineth us to be petitioners against the same earnestly to intreat that any beginnings of stumbling which already have been given in those things especially in the matter of Prelacy ceremonies the Servicebook in your Majesty chappell and family and other places of your Dominions may be removed and taken away And that there may be no
furder proceeding in these things which grieve the Spirit of God and give offence to your Maj. good subjects who are engadged with you in the same Covenant and work of reformation And that your Maj. for establishing the hearts and strengthening the hands of these who are faithfull in the work of the Lord for quashing the hopes endeavours of adversaries would be pleased to give publick signification of your approbation of the Covenant And of your purpose to adhere unto the same to carry on the work of God in these Kingdoms according thereunto that your Maj. eyes may be upon the faithfull of the land that they may dwell with you We hope your Maj. will not take offence 〈◊〉 we be the Lord's remembrancers to you That you were pleased a little before your coming to this kingdom afterwards at the time of your coronation to assure declare by your solemne Oath under your hand seal in the presence oâ—… Almighty God The searcher of hearts your allowance approbation of the Nationall Covenant the Solemne League Covenant faithfully obligeing your self to prosecute the ends thereof in your station calling that your Maj. for your self Successours should consent agree to all acts of Parl. enjoyning the nationall Cov Solemne League Cov. fully establishing Presbyteriall Gov directory for Worship confession of faith Cathecismes in the Kingdom of Scotland as they are approven by the Gen. Assemblies of this kirk And Parliaments of this Kingdom And that your Maj. should give your Royall assent to acts ordinances of Parl. past or to be past enjoyning the same in your Maj. Dominions that yow should observe these in your practice family should never make opposition to any of those Nor endeavour any change thereof And we desire to be persuaded that no length of time hath made your Maj. forget Or weakened in your Maj. heart the sense of the obligation of the great solemne Oath of God in the Covenants Yea that the afflictions where with God hath exercised your Maj. these years past the great wonderfull deliverance that of late he hath granted unto you hath fixed deeper Impressions upon your heart spirit that among all the kings of the earth Reformation of Religion shall have no greater friend then your Maj Yea that as yee are more excellent then the kings of the Earth in regaird of the purity of profession solemne engadgments unto God And long exercisednesse with manifold afflictions in the Lord 's setting you over these Kingdomes which are not only thorow grace the first fruites of the gentiles But also are among all we know in the World the most eminent for the power purity of the Gospel So shall your Maj. in your Princely Station dignity excell them in the zeal of God for the Kingdom of Iesus Christ And that by how much more your Maj. by the constitution good hand of the Almighty is lifted up above the sphere of your subjects by so much more shall your motion be more vigorous active unto the carrying about by the influence of your royall Head by your example all the Orbs of inferiour powers persones in these kingdomes in subordination to God your Maj. in the practice of godlinesse vertue It is the desire of our soul that your Maj. may be like unto David a man according to Gods own heart Like unto Solomon of an understanding heart to judge the Lord's people to discerne betwixt good bad Like unto Iehosaphat whose heart was lifted up in the wayes of the Lord Like unto Hezekiah eminent for godlinesse and integrity Like unto Iosiah who was of a tender heart did humble himself before God when he heard his word against Ierusalem the inhabitants of Iudah and not only made a Covenant before the Lord to walk after the Lord and keep his commandements with all his heart and with all his soul to performe the Covenant but also caused all that were in Ierusalem Benjamin to stand to it took away the abomination out of all the countreyes that pertained to all the children of Israël and made all that were present in Israël to serve even to serve the Lord their God So shall your Maj. inherite the honour blessing of these kings upon the earth and their happinesse in heaven So shall your Maj. person be preserved your government established over these kingdomes Which is the unfeigned desire and fervent supplication of your Maj. most humble loyall subjects Now the Reader having considered this humble addresse and supplication may judge if there was any thing therin either treasonable or seditious reflecting on his Maj. on the government of the kingdom of England or the constitution of the present Committy of Estates or any thing tending to the raiseing of new tumults and re-kindleing a civill warre among his Maj. good subjects as their enemies were pleased to give it out oâ—… which did deserve imprisonement yea whether it was not their duty the duty of all the Ministers of Scotland to be thus faithfull in giving timeous warning and faithfull exhortation unto their Prince that they might have prevented as much as lay in them the sad defection which was then feared indeed followed thereafter Nether let any say that such things might well be gathered from their other letters for they had nothing beside that letter save some scrols of a letter and some instructions to one of their number for no other purpose then for the communicating of the supplication unto the Ministers of their judgment in severall Presbyteries within the Synod of Glasgow for desiring their approbation thereof concurrence therein This is one sad dispensation But it is only the beginning of sorrow of much woe following SECTION IIII. The suffering of the Noble Marquise of Argile who was executed the 27 Day of May 1661. examined by law WHile the Parliament is in hand with reverend Mr Guthriâ—… who had been a prisoner since the 23 day of August 1660 of whom mention shall be made in the next section They have also the worthy renowned Marguese of Argile among their hands who though he had a maine hand in bringing home the king closeing the second treaty at Breda yet while he is going up to London after the kings late returne from exile to congratulat his Maj. returne is made prisoner in the Tour of London thereafter is sent down to Scotland indited of heigh treason before the Parl. at length is beheaded his head is stuck up upon the tolbooth of Edenburgh Questionlesse strangers will think it behoved to be some great matter for which the life of such an eminent famous nobleman who had been so renowned at home abroad for his faithfulnesse and constancy in carrying on the work cause of God was taken But the very truth is what ever
it may not be a supersede as to an Act a ground of exemption to the subject from the rigour thereof till the law be revived by a posteriour act which was never yet done lawyers may judge But which is more there is an Act of Parl. Anno 1592. declareing that that former Act shall no wayes be prejudiciall nor derogat any thing to the privilege that God hath given to the spirituall office bearers of the church concerning heads of religion matters of heresy excommunication collation or deprivation of ministers or any such like essentiall censures specially grounded have and warrand of the word of God And which is more considerable The parliament 1648. did disclaime any such power of judging in church matters took it for an unjust challenge charge to say that they took an antecedent judgment in maters of religion for in their letter to the presbyteries of Scotland being their Act 16. May 11. 1648. they have these words Neither can it be with any truth or justice in any sort alleidged that we have in the least measure wronged or violated the true privileges or liberties of the church or any way taken upon us the determination or decision of any matters of faith or church discipline though we be unjustly charged with taking an antecedent judgment in matters of religion By which every one may see that the parliament did looke upon themselves as an incompetent judge in matters of faith or religion Primo instanti or antecedently unto the decision determination of the church And now let lawyers judge whether when the parliament the supreme judicature of that land doth declare themselves incompetent judges in matters of religion The Privy Councell which is a judicature inferiour to the parliament by the fundamentall lawes of that land having its originall power antiquity from the Kings Maj. the estates of parliament so is subordinat there to ought to be countable to censureable by them according to the 12 Act of Parl. 2. King Iames 4. See for this Act 27. Parl 2. of King Charl I. 1640. may become judges thereof whether seing by confession of Parliament they can be no lesse incompetent judges then the parliament it self it can be truely treasonable to decline them Though it were granted that that Act of Parliament 1584. were no way weakened by the other Act 1592. which yet is expressely explicatory thereof yet it could no wayes be treasonable in him to decline the councell as an incompetent judge to him in that case because the Act 1584. is to be understod in such cases only in which they are propper judges But it will be replyed that the Act maketh them judges competent to all persones spirituall or tempâ—…rall in all matters wherin they or any of them shall be apprehended summoned or charged Answ. True the act speaks so in the generall yet it is well known that notwithstanding thereof any of his majesties subjects might decline them when cited for causes the cognition whereof did popperly belong to another distinct judicature such as the court of exchequer or the Lords of the Session so that this all is to be restricted to such causes as do belong to them And under it causes purely ecclesiastike cannot be understood because of that which the Parliament Anno 1648. said Parliaments know best what causes belong to their cognition what doth not belong to a Parliament will never belong to the Privy Councell If it be replyed againe that the meaning of the Parliament 1584. was to give the councell power in church matters because this act was devised of purpose to hinder ministers to protest against the King his counsell as they had done before Ans. that is true But that will say nothing now when the Parliament 1648. hath declined to be judges in such matters and Parliaments can best expound their own lawes and acts can best explaine the extent of their own power and consequently can best declare what causes these are of which the Privie Councell is competent judge what not when they declare that themselves are not competent judges in matters of doctrine religion they do more then sufficiently declare that the Privie Councell is not a competent judge in those matters But for all this this worthy man must die he dieth a martyr for the truth against the Erastian abomination SECTION VI. The sufferings of some other Ministers related AMong other acts of the Committy of Estates there was a proclamation which they caused be read at all the church doores of the Kingdome upon the Lord's day in which they discharged ministers to speak or preach any thing against them or their proceedings this was to command them to handle the word of the Lord deceitfully to become false prophets to preach smooth things and to prophecy deceits wherby the malicious ill affected people who did not love their ministers were encouraged to give in delations of such such things as they thought good to allaidge against them as uttered in their sermones bring in any prophane persones they pleased for witnesses By which meanes some though many were in no hazard thinking it commendable prudence to be silent at such a time were brought to trouble both by the Committe of Estates by the Parliament being imprisoned or confined and other wayes hardly used though litle of what was allaidged could be proved against them More over ther was one minister who after the Parliament had annulled the covenant passed many other acts against the work of reformation thought himself bound in conscience to give faithfull free warning to shew the greatnesse of the sin of backslideing defection from the cause and truth of God to protest publikely in a Ministeriall way for his own exoneration after the example of Samuel at the comandement of God against the course of defection carryed on all acts made in prejudice of the covenanted worke of reformation for which cause he was summoned before the Parliament and at length condemned of treason sedition onely upon that acount therafter was banished out of all his Maj. dominions And if any say that ministers should have been silent not meddled with state affairs let the answers which famous doct Voet giveth in his Politia Eccles. pag. 982. 983. c. be considered which are these 1. It is the duty of Ministers to give faithfull warning unto people Ezek. 3 17 22. 2. This was not to meddle with the politie but with the abuse of it by men in power 3. Rulers no lesse then others must be touched when they provoke God to wrath by their carriage 1 Thes. 5 11. Iam. 5 20. 1 Sam. 15 14. Isa. 58. 1. 4. Then they should never speake to a hundered places of scripture which do speake so directly against Magistrats abuseing their power See what he sayeth furder to this purpose there in answering therest of the
because when she was present as Act 1. Parl. 2. of Queen Mary both she the Governour are mentioned thus The which day the Queen's grace with advice of the Lord Governour three Estates of Par. moreover it is not usuall to have any Acts running in the name of a Commissioner For where a Commissioner is present the King is supposed to be present therefore to this day all the Acts of Parl. made were a commissioner is present except such as are wholly concerning the King himself Run in the name of our soveraigne Lord with advice consent of his Estates of Parl. but where neither King nor Commissioner is present then the Acts run thus The Estates of Parl. enact c. So that this Stilus curiae being punctually observed to this day consirmeth the observation concerning the fore mentioned parl viz. That they were holden without King or Queen when neither King nor Queen is mentioned in the Acts. 3. Is it not strange how they could annull the parl 1648. among the rest seing the Acts of that parl were more homogenious with their own Acts then the Acts of the rest For the Acts of designe carryed on by that parl were no such injurious violation of his Maj. power authority nor were they Acts of rebellion as they suppose the Acts of the other parl to have been So that the ground upon which they rescinde the rest of these Parl. will not warrand them to rescinde this so it is not upon the ground of their Acts that they rescinde these parl Because then they would not have rescinded this parl 1648. What grounds then they will seek out next who can tell For all the grounds which they have hitherto to given whether from their Acts deeds oâ—… from informalities through the want of the presence of the King or his Commissioner are declared null of no effect by themselves 4. It is yet more strange how they could annul the Parl. 16â—…8 When all the members of that parl some of whom no doubt were members of this did Iun. 10. declare and testify their resolution and obligation to acknowledge that Parliamentre have been a free and lawfull Parliament likeas they did oblige themselves upon their honours and credit and as they desired to be to be holden true lovers of their countrey and of the religion lawes libertâ—…es thereof efauldly faithfully to the uttermost of their power to joyn and concurre with their persones and estates every one according to their severall stations and callings in the maintenance of the freedome and lawfulnesse of that Parliament and they ordained that that Act should be subscribed by all the members of Parliament present and absent and by all noblemen Barons and all other subjects inhabitants of the Kingdome in their thires and brughs 5. It is yet more strange that this Parliament had so far forgot it self as to reckon up the Parliament 1648. among the rest in the Act rescissory when in their 9. Act they had acknowledged it to have been a Parliament for there when they are approveing the Engadgment the all onely bussinesse which that Parliament 1648. was carrying on they stile them the estates of Parliament of this kingdome which is a title agrying to none but to lawfull Parliaments Thus it is clear that there is no ground warranding a consent unto these Acts rescissory but good ground to scruple at that oath the taking whereof would have imported a consenting unto the annuling of these Parliaments considering 6. How King Charles the first in the large treaty in his answer to the first demand sayeth that at the humble desire of his subjects he did call conveen a Parliament to beholden at Edinburgh Iun. 2. 1640. so that this Parliament was lawfully convocated acknowledged to have been so by King Charles the first himself Thirdly nor is there ground for assenting consenting unto the anulling of those Acts done and concluded in these Parliaments for 1. They are Acts made by Parliaments lawfully conveened 2. They are Acts not repugnant to the word of God but Acts made for the carrying on advanceing of the work of reformation except those made by the Parliament 1648 which every one according to his place power is sworne to maintaine promove this the very vieuing of them will evince how ever that whole work be now branded as rebellion sedition So that none could swear that oath as now tendered by Acts explained but withall he must condemne the whole work of reformation all Acts made for establishing of the same in doctrine worshipe discipline governement 3. did not King Charles 1 in the large treaty give this answere unto the first demand That for as much as the King's Maj. at the humble desire of his subjects did call and conveen a Parliament to be holden at Edenbrugh Iun. 2. 1640. wherein certaine Acts were made which Acts his Maj. for the peace and good of this kingdome is pleased to publish in his own name with consent of the Estates and therefore commands that the said Acts bearing date â—…un 27. 1640. be published with the Acts to be made in the next session of the same Parliament and that all the saids Acts as well of the precedent as of the next Session to be holden have in all time coming the strength of lawes and to be universally received and obeyed by all the subjects of the kingdome of Scotland His Maj. doth in the word of a king promise the publishing of the saids acts in such sort as is above specified And more over at that next Session of Parliament Anno 1641. when himself was present all those Acts were approved ratifyed fully did not King Charles 2 before at his coronation ratify approve the Covenant all Acts made in order to the carrying on of the ends of the Covenant So that now they are full compleat lawes wanting nothing even of formality which can be desired seing he hath ratified approved them all 5. Are there not many of these Acts made by those Parliaments very much for the glory of God the good of the countrey did not themselves see this when for shames cause they were forced to make some Acts of the same nature for curbing of vice since they would not be said to renew them so that it were hard to put Christians to condemne those Acts laudable lawes 6. Is it not strange how they could condemne make null void all the Acts done by the committees Parliaments after 1648. seing by this meanes they shall condemne all the applications which were made unto his Maj. while he was in Holland also they shall condemne the Kingdomes receiving of him yea their crowning of him both as null as done by a Non-Parliament And thus they will have the King no crowned King of Scotland how deep this may draw let lawyers judge It was
Governours under the King as well as the King himselfe He speaketh of such as are God's Ministers which is a generall word comprehending all civill Governours He speaketh of all such to whom tribute custome honour or fear is due so he must take in all Magistrats otherwise this text should not concerne commonwealths which are ruled without a King He speaketh of such as are revengers by office to execute wrath on them that do evill thus are a terrour to evill doers and a praise to such as do well And this agreth to all Magistrats therefore this place cannot be understood as speaking of any single person or of Nero concerning whom it is a great question among lawyers if at this time he had the heighest soveraigne power in the Roman State as learned Prin sheweth in his soveraigne power of Parliaments c. part 3. pag 109 110 111 112. 2. Inferiour judges do judge for the Lord are deputed of him therefore they are endued with power from him for that effect 2 Chron. 19 v. 6 7. Deut. 1 17. 3. Inferiour judges are commanded to rule well they are threatened rebuked for mal-administration See Ier. 5 v. 1. Isa. 1 17 21 5 7. 10 2 59 v. 14. Ier. 22 3. Ezek 18 8. Amos 5 7. Micah 3 9. Levit. 19 v. 15. Deut. 17 11. Exod. 32 2. Now would God command those inferiour Magistrats to relieve the oppressed to judge the fatherlesse to plead for the widow if they had not the power of the sword for this effect or would he challenge them for neglecting this duty if they had not been impowered by him for that effect doubtlesse not So then if inferiour Magistrats be endued with power of the sword they ought to defend the fatherlesse the widow the oppressed subjects by the help of the sword they ought to rescue them from the hands of their oppressours And therefore when Popish malignant enemies rise up in armes seek to destroy the Land Man Wife Childe the inferiour Magistrats much more the Parliament may lawfully draw the sword which God had given them for the relief of the innocent defence of the countrey of their lives lands goods Religion all that is dear to them against malicious open enemies 2. Buchanan a man well acquainted with the lawes constitutions of Scotland in his Book De Iure Regni apud Scotos sayeth that the Kings of Scotland had no power of peace or warre without the Parliaments consent So that a warre raised by the Parliament against the common enemy in defence of the Kings honour the saifty of the people the purity of Religion cannot be condemned as unjust illegall 3. The renowned Historian Buchanan sheweth also that the Kings of Scotland have been oftintimes resisted by armes which a few instances will evidence when Durstus the 11. King banished all his Fathers Friends became loose dissolute he was pursued by the Nobles till he was forced to professe his repentance promise amendement afterward when he had cut off many of his Nobles by treachery the rest did rise up in arme against him kill him in battel So they rose in armes against Gillo for his wickednesse against Even 3. who was a most viâ—… wicked man So with one consent they arose against Darâ—…an slew his wicked servants who had been instruments of much evill They routed his forces tooke himself prisoner When Mogaldus grew odious by reason of his vices they rose up in armes against him So did they levy forces against Athirco when Romach had become cruell and had put many to death they rose in armes against him when Ferquard 1. turned tyrant he was summoned before a Parliament when he refuised to come they levied forces against him pursued him they stormed his castle in which he thought to shelter himself at length he was taken prisoner So did they purpose to rise in armes against Ferquhard 2. If they had not been diverted Likewise when King Iames the 3. had been seduced by his evill courteours had plotted the murther of the nobles they raised an army against him at length killed him So did the nobles take up armes against Bothwell the Queen pursued her untill she rendered herself prisoner The nobles wrote unto the queen regent Anno 1560. for removing of the french forces did adde as Buchan sayeth Lib. 17 Which tearmes if they be rejected we take God men to witnesse that we take armes from no innate malice or hatred but sore against our wills are forced to assay the last remedy least we should expose our selves our fortunes and our posterity to the worste of colamities Hence it is clear that it was the common practice of the Parliaments of Scotland and lex currit cum praxi to rise in armes against their Kings when they turned tyrants And therefore the Parliament their late taking up of armes in their own sinlesse self defence can no wayes be condemned let court sycophants speak what they please to make that bussinesse odious they both bewray their malice ignorance of the fundamental constitution of that kingdome 4. Though for all that is said the Parliaments interest in warre should be questioned yet their late defensive warre may be justified upon clear undenyable grounds for there is no such connexion betwixt these two but they are rather two distinct questions naturall sinlesse self defence may belong to such as have not propperly in stricke law the power of warre 5. The practice of other protestant princes Magistrats sheweth that their practice was not so odde nor odious as men who have taught their tongues to speak lies would make the world beleeve it was for Sleidan lib. 8. 21. 22. Bilson out of him in his difference c. part 3. pag. 274. sayeth that the German princes levied warre against the Emperour viz. the Duke of Saxon the Landgrave of Hesse the Magistrats of Magdeburgh together with other Princes cities joyning in the warre who having had the advice resolution of lawyers after mature deliberation did conclude That the lawes of the empire permitted resistence of the Emperour in some cases That the times were then so dangerous that the very force of conscience necessity did lead them to armes to make a league to defend themselves though Caesar or any in his name would make warr against them and That if the Emporour had keeped his bonds covenants they would have done their dutyes but because he made the first breach the fault was his For since he attempteth to root out religion subvert our liberties he giveth us cause enough to resist him with a good conscience The matter standing as it doth we may say they resist as may be shewed both by sacred prophane histories Vnjust violence is not Gods ordinance Nether are we bound to him by any
other reason then if he keep the conditions on which he was created emperour By the lawes themselves it is provided that the superiour Magistrat shall not infringe the right of the inferiour and if the supriour Magistrat exceed the limits of his power and command that which is wicked not onely we need not obey him but if he offer force we may resist him Upon these grounds did those worthies resolve to defend themselves by armes 2. Next they have the exemple precedent of the protestants in France who in the reigne of Francis 2. Anno 1559. being oppressed with the Guisian faction assembled themselves consulted lawyers divines concerning resisting of the king in that case it was resolved That they might lawfully oppose themselves against the governement which the house of Guise had usurped when needfull take armes to repulse their violence If the princes who in this case are borne magistrats or some one of them would undertake it being ordered by the states of the realme or by the sounder part thereof See Gen. history of France pag. 682. 683. So Anno 1614. The prince of Condee with other princes Peers dukes noblemen officers of the crown conveening at Meziers wrote to the Queen compleaning of diverse grievances wrongs sought remedy redresse by the assembly of the three estates protesting that they desired nothing but peace and the good of the realme that they would attempte nothing to the contrary unlesse by the rash resolution of their enemies who covered themselves with the cloak of state under the Queen regents authority they should be provoked to repell the injuries done unto the King state by a naturall just and necessary defence see the continuation of the life of Lewis the 13. pag. 59. c. So in the reigne of Charles 9 when all Acts of pacification were broken after many fruitlesse petitions and vaine promises they take up armes whereupon a bloody civill warre ensued when this King contrary to his oath An. 1572. caused that massacre at Paris the protestants in Languedoc Rochel other parts took up armes in their own defence So when Henry the 3 came to the crown the protestants saw a necessity of standing to their defence being assaulted they manfully defended themselves againe when the peace which was now concluded was broken by the instigation of the Catholick Leaguers The King of Navarre the Prince of Condee the Marshall of Montmorancy others resolved to defend themselves whereupon followed a sixt civill warre which ended in a new peace Anno 1580. So in the reigne of Lewis his son when the Queen mother who was then regent would give no redresse unto the protestants just grievances The prince of Condee divers others raised forces in their owne defence the duke of Rhoan other protestants did joyne with them A peace was concluded Anno 1616. but the very next year the prince of Condee is seized upon whereupon the princes meeting at Soyssons resolved to defend themselves by warre which continued Anno 1621 1622. at last a peace was concluded but it lasted not long by cardinal Richelien's meanes 3. They have in the third place the practice of the Netherlands mentioned in the Generall history of the Netherlands Lib. 9 p. 369 c. who being oppressed in bodies states by the duk of Alva the Spanyards tyranny their consciences tyrannized over by the spanish inquisition introduced of purpose to extirpat religion after serious deliberation consultation with lawyers divines learned men of all sorts did unanimously conclude to enter into a solemne covenant to defend religion lives liberties by force of armes and Anno 1572. the Prince of Orange his confederats published a protestation shewing the grounds of their riseing up in armes viz. for zeal to the countrey for the glory of God because of the inhumanities and oppressions and more then barbarous and insupportable tyranny and incroachments upon their privileges liberties and freedâ—…mes 4. They have the practice of the Waldenses in Piemont Anno 1558 1561. who being persecuted by the Lords of Trinity other Popish soveraignes assembled solemnely together to consult how they might prevent danger after long prayer calling upon God they concluded to enter into a solemne mutuall Covenant for defence of themselves their Religion did so with successe obtaining many notable victories against their persecutors See Fox Acts Mon. Vol. 2. pag. 208 209. So Anno 1571. Nov. 11. There is a league made for mutuall assistance of each other in times of persecution a copy whereof is to be seen in Mr Morland's History of Piemond pag. 252 253. 5. They have the practice of the people of Arragon mentioned by Blanca in his Comment pag. 661 652. An. 1286. in the dayes of Alphonso 3. who when there fell out a contest betwixt him the Parliament through the evill counsell of his courteours resolved to associat themselves together to raise forces it being lawfull for the common cause of liberty to contend not only with words but with armes and their suprarbiense forum or Iustitia Aragoniae which was erected of purpose to with stand the tyranny of Kings had power to resist their King with force of armes So Anno 1283. they tell Pedro 3. their King that if he would not containe himself within the Limites of the lawes they would pursue him by armes 6. They have the practice of other Spainyards as may be seen in the generall History of Spaine lib. 13 14 15. who rose in armes severall times against Pedro the I. King of Castile 7. They have the practice of the Hungarians Anno. 1608. in the dayes of Mathias for when he denyed free exercise of Religion unto the Protestants of Austria they took up armes in their own defence assembling at Horne sent a protestation unto the Estates of Hungary requireing assistance conforme to the offensive defensive League See Grimstons Imp. Hist. pag. 730. c. 8. They have the practice of the Polonians who oftintimes levied warre against their Kings as Grimstone in his Hist. Imp. Chytraeus in Chron. Sax. shew 9. They have the practice of the Danes riseing in armes against Christierne the 2. who Anno 1524. was solemnely deposed as may be seen in Chytraeus Chron. Sax. lib. 10. 10. They have the practice of the Sweds riseing up in armes against Christierne the I. for breach of his Covenant made at his coronation this was about the year 1499. See Chythraeus ubi supra 11. They have the practice of the Helvetians first three of their Cantons viz. The Suitians Vrjaus Vndervaldians Anno 1260. levied warre against their oppressing Nobles did prosecute the same twelve years Anno 1308. They joyne in Covenant to defend themselves against the House of Austria defended themselves most resolutely against the hudge armies of their adversaries upon the 16 of Nov. 1315.
obtained a great victory that same year they renewed their Covenant at Brunna in which Covenant the other Ten Cantons at severall times thereafter being oppressed by their Nobles did joyne at length by warre brought themselves into that state of liberty in which they are at this day See for all this Simlerus de Repub. Helvet 12. And lastly they have the practice of the Bohemians who in the Dayes of Wenceslaus Sigismond waged great warres under the conduct of valiant Zizca See Fox's acts monuments Vol. 1. And thereafter in the dayes of Ferdinand they resolved to fight couragiously against all their enemies how great so ever they were But in case some should be so bold as to condemne all those Acts as treacherous rebellious let it be considered 6. That some of those same practices are allowed and approved even by the Kings of Britaine for King Iames in his answer to cardinall perron justifyeth the protestants of France their taking up armes in their own defence Memorable is that speach which King Iames had in the Parliament house Anno 1609. a King sayeth he governing in a setled Kingdome â—…easeth to be a King degenerateth into a tyrant so soon as he leaveth to rule by his lawes much more when he begineth to invade his subjects persones rights liberties to set up an arbitrary power impose unlawfull taxes raise forces make warre upon his subjects whom he should protect rule in peace to pillage plunder waste spoile his Kingdom Imprison murder destroy his people in a hostile manner to capâ—…vat them to hâ—…e pleasure This is a sentence well worthy to come out of a Kings mouth to beâ—…ingraven upon the thrones of Kings princes and doth more then abundantly justify Scotland in their late defensive warre Moreover Queen Elizabeth King Iames both by the publick advice consent of their realmes did give publick aid assistance unto the protestants of France against their King to the Netherlands against the king of Spaine and to the protestants in Germany Bohemia against the Emperour entered into solemne leagues covenants with them if they had been traitours rebells that action of defence utterly unlawfull would those princes have joyned with them in this manner who can think this So did King Charles the first openly avow to aide the protestants in France at Ree Rotchell against their King who was come in armes against them the Germane Princes against the Emperour the Netherlands against the King of Spaine And entered into a solemne league with them for that end All which do aboundantly justify the Scottish defensive warres free Scotland from the aspersion of disloyalty rebellion But moreover 7. It is to be considered That King Charles I. himself hath fully freed them of all these aspersions in his publick Acts in his Parliaments declareing The Scots late taking up armes against him his Consellours in defence of their religion lawes privileges to be no treason nor rebellion them to be his true loyall subjects notwithstanding of all aspersions cast upon them by the Prelaticall Popish party because they had no evill nor disloyall intentions at all against his Maj. person crown dignity but only a care of their own preservation the redresse of these enoâ—…mities pressures grievances in Church state which threatened desolation to both See the acts of oblivion pacification Here is enough to stope the mouthes of all Calumniators to vindicate them to cleare the innocency of their cause before all the Woâ—…d And furder King Charles who now is did approve of the same in his declaration at Dumfermlâ—… which is cited Sect 2. 8. Some of their chief antagonists are forced through the clearnesse of truth to assert such things grant such particulars as will by clear undenyable consequence justify their taking up of armes resisting the armies of their King when they came against then to destroy Religion Lives Lawes Liberties Beside that all of them are forced to speak most in consequently unto their own principles by their concessions do overthrow their own grounds arguments as might easily be made to appear if to discourse at length of this subject were designed now As 1. Iohn Barclay Lib. 4. Cap. 16. he sayeth expresly That if a King will alionate and subjecte his Kingdom to another without his subjects their consent or be carryed with a hostile minde to the destruction of all his people his Kingdom is actually lost and the people may not only lawfully resist and disobey but also depose him This is more then the Scots could desire for they plead not for deposeing or dethroning of kings but only for resisting withstanding them when they carry a hostile minde against them whereof a strong army of strangers marching with armes to their borders after they were contrary to all law declared rebels is as evident a demonstration as can be are seeking the ruine destruction of their own subjects They plead only That in that case the people may are bound before God to defend themselves when their religion which ought to be dearer to them then any thing else is sought to be taken away or altered service books or masse books the like tyrannically obtruded upon them So Contra Monarch lib. 3. c. 8. He granteth that the people have right to defend themselves against great cruelty what greater cruelty could be expected by a nation from their King then to be blocked up by sea land threatened with utter ruine extiâ—…pation unlesse they would sell soull conscience all doth not this speak abundantly for the justifying of them 2. D. Fern. Part. 3. s. 5. acknowledgeth that personall defence is lawfull against the suddaine illegall assaules of the Kings messingers or of himself in so far as to ward off his blowes to held his hands and when the assault is inovitable Now if resistence be lawfull against suddaine assaults much more against premediated deliberated advised assaults If resistence of illegall assaults be lawfull then they cannot be condemned because the assaults of the King's forces were against all law reason for there is no law warranding the King or any other having a commission from him to force popery upon them by armes If resistence be lawfull against inevitable assaults then they are justified for how could they resist the assault of so many thousand armed men but with armed men Yea when he alloweth in such a case that hands may be laid upon the prince he more then justifieth them who never did intend harme to his Maj. person honour but wished sought the saifty preservation thereof by all meanes And againe when he would answere the argument taken from Elisha's resisting of the King he granteth that itis lawfull to resist the Kings cutthroats and what did Scotland more then resist his
Kingdomes in Scotland that Christ was a King the Church his Kingdome that he himself was a subject unto Christ a member of his Church neither head nor King thereof that the spirituall office bearers to whom he had committed the government of his Church had power warrant to conveen But the King went on told the Ministers thereafter That there should be no agreement betwixt him them untill the marches of their jurisdiction were rid that they might not speak in pulpit of the affaires of the Estate or Councell that no Generall Assembly should meet without his special command that Church judicatures should meddle with fornication luch like scandalls but not with causes whereupon his lawes do strick shortly thereafter Mr Blake was summoned did decline his declinature was owned by severall hundereds of Ministers when King Iames saw this he laboured to ensnare the Ministery therefore invented the bond which was mentioned Sect. 1. Pag. 27. whereby any may see what was intended designed But when he is in possession of the crown of England then the poor Church findeth his hand heavier then formerly for Anno 1606. Six Ministers were convicted of treason condemned for declineing the councell as an incompetent judge in matters ecclesiastick all by vertue of the Act of Parl. 1584. And the Parliament which did meet that yeer 1606. to make all sure did acknowledge his Maj. soveraigne authority princely power royall perogative privilege of his crown over all Estates persons and causes whatsoever and ratifieth approveth and perpetually confirmeth the same at absolutely amply and freely in all respects and considerations as ever his 〈◊〉 or any of his royall progenitoure Kings of Scotland in any time by gone possessed used and exercised Thus was the copestone of this supremacy put on againe And at that pretended assembly at Glasgow Aâ—…no 1610. it was acknowledged that The indiction of the Generall Assembly did appertaine unto his Maj. by the prerogative of his royall crown And it was ordained that the oath which is set down before pag. 37. be sworne by all ministers at their ordination the Parliament which conveened Anno 1612. ratified all this And finally Anno 1633. in the 1 Parl. of King Charles Act 3. that Act which was made Anno 1606. was againe ratified this conclusion was drawne from it that he hath power to prescribe what apparell he thinketh fit for Kirk men which was done of purpose for this end that his Maj. might with greater facility get the use of the surplice by Ministers established by law and practised And now by all this any may see what is the nature of that supremacy which the higher powers have been all alongs grasping after which the faithfull servants of Christ have been withstanding according to their power But in the last place the sense meaning of this late Parliament which did tender the oath must be sought out of their acts actings out of some commissions granted by his Maj. thereby it shall be seen what ground there was of scrupling at the oath how the feares of such as did then scruple at the oath were not groundlesse seing the after actings of king Parliaâ—… have abundantly confirmed the apprehentions which such had of their giving to the King of his taking more power in Church matters then themselves would then acknowledge or confesse did belong to him Now for clearing what power was then is now assumed by given to the King in Church matters these particulars may be noticed 1. When these Six or Seven Ministers who were cited before the Parliament had offored a sense in which they would willingly have taken the oath they could not be heard though they granted unto him in their sâ—…nse offered as much power in Church matters as the word of God the confessions of faith both of the Church of Scotland of other reformed Churches did allow for they did grant that his soveraignity did retch ecclesiastik causes objectively though in its own nature it was alwayes civill extrinsick But this did not satisfie therefore it was evident enough that they did intend some other thing by that oath then every one could well see 2. In the 4. Act of their first session it is made a part of the Kings prerogative That none of his heighnesse subjects of whatsoever quality state or function presume to convocat conveen or assemble themselves for holding of councells to treat consult determine in any matter of state civil or ecclesiastick except in ordinary judgments without his Maj. speciall command of expresse license had obtained thereto under the paines c. By which it is apparent that they will have no Church judicatories without his command or license otherwise his prerogative is violated so it is a piece of his perogative supremacy to have all these assemblies depending â—…o upon him as civill meetings do that is that they shall be null without his expresse consent and command for this part of the act is in every word conforme relative to that black act Anno 1584. viz act 3. parl 8. King Iam. 6 by which all Church judicatories which had been set up conforme to the second book of discipline viz sessions presbyteries synods were discharged 3. In the 16 Act of the first session concerning religion and Church government they say That as to the government of the Church his Maj. will make it his care to setle secure the same in such a frame as shall be most agreeable to the word of God most suiteable to monarchicall governement most complying with the publicke peace quyet of the Kingdome in the meane time his Maj. with advice consent foresaid doth allow the present administration by sessions presbyteries Synods So that by this act it is clear that they think that there is no particular forme of Church government sâ—…t down in the word 2. That every nation is left at liberty in this to choose what forme they will as most suitâ—…ing to civil government complying with the people temper 3. That he is judge of what forme of government is most agreeable to the word of God 4. That this governement must be some other government then that which is by Sessions Presbyteries and Synods which is but allowed in the interim 4. There is a commission or act from his Maj. for a Nationall Synod ratified by Parliament in their second Session which is worth the noticeing the Act is thus worded For as much as the ordering disposall of the externall government of the Churh the nomination of the persones by whose advice matters relating to the famine are to be setled doth belong to his Maj. as an inherent right of the Crown by vertue of his prerogative Royall supreme authority in causes Ecclesiastick And in prosecution of this trust his Maj. considering how
prael 4. § 6. It is required that there be a clear intimation of this dissent for it is not enough for the father to say he is not well pleased with such a vow but he must openly contradict the same in refuseing he must refuse it in taking it away he must quite take it away as if he had said he must constantly in very deed refuse prohibite the same by his full power and authority 2. Doct. Sanders ubi supra prael 4. § 5. sayeth that a tacite consent will suffice that is to say sayeth he When he who sweareth may in probability presume that the superiour would not refuse it his consent were asked Now had not Scotland this tacite consent when some yeers before the King had ratified Acts of Parliament discharging Church governement by prelats yea more they had a formall expresse consent having an Act of Parliament made by King Parliament against the prelats unto the thing which they did then vow promise 3. This dissent must be presently testified in the very day he heareth thereof if one day passe the oath is ratified for sayeth the forcited Doct. Sanders ubi supra he who signifieth his dissent too late may be thought for some space of time to have consented Now this proclamation was not before the 9. of Octob. 4. This dissent must be constant as sayeth the forecited author for if at any time thereafter he yeeld the oath standeth in force for his former dissenting did not make the oath no oath nor loosed its obligation But only hindered the execution so now the impediment being removed the oath should be followed forth what is promised therein should be performed And the Covenanters have this to say That the King gave his after consent unto the oath when he said in his soliloquies That good men should least offend God him in keeping of it But to put this out of all doubt The King who now is as was showne above did solemnely owne this Covenant approve of all that was done in carrying on the ends of it promised that he would look upon the friends of the Covenant as his only friends the enemies thereof as his enemies And now quod semel placuit amplius displicere non debet that which once pleased cannot againe displease him But to this the author replyeth thus It would be considered if it was the Lord's minde in that law That if Children or wiver having vowed should by some meanes drive their parents or husbands out of the house and bargane with them either to ratify their vowes or never to enjoy these comforts that then the consent so obtained should be irrevocable Ans. 1. He can be in no worse case as to this matter of giving hiâ—… consent then he would be as to his swearing of an oath Now it is granted by Casuists that an oath unto which a man is forced doth binde if the matter be lawfull otherwise all oaths might be evited by alledging that force constâ—…ined to it Even the oath of alleagiance might be questionâ—… upon this account For it hath a penalty annexed to it so the swearers thereof may pretend that they were forced thereunto by the penalty Was noâ—… Zedekiâ—…h's oath to Nebuchadnezzer forced Doct. Saâ—…d his determination in this may satisfie He â—…bi supra Prâ—…l 4 § 5. sayeth 2. If the matter required by force or sad fear be not unlawfull nor injurious to any but only some what disadvantagious to the sâ—…er as if one travailing should fall among robers that with drawne swords would threâ—…ten his life unlesseâ—…e would promise them such a summe of money with an oath In this case it is lawfull both to promise the money to confirme the promise with an oath 3. I say such an oath doth oblige And he giveth these reasons why the oath obligeth 1. Because â—…e sweareth a thing lawfull possible 2. He did choose that which seemed best for that instant 3. What is promised for a certane end should be performed when the end is attained Yea which is more an oath into which one is cheated in which there is lesse reall will then in an extorted oath obligeth as that to the â—…ibeonites So then if an oath into which one is forced doth oblige much more will a consent to an oath stand though extoâ—…ted by fear especially seing the text maketh no such exception But 2. how can he say that such as were for the Covenant did deprive the King of all his worldly comforts seing it was conscience to that Covenant that moved Scotland to call home the King after that the Covenant breakers had taken away his fathers life had banished himself And how can this shamelesse man say as he doth pag. 24. That the Covenant was contrived carryed on as if the designe had been laid to extirpat episcopacy whether the King would consent 〈◊〉 not or whatever course should be taken to force his consent vi armis When he cannot but know that before ever there was a word of this league Covenant of which he is now speak ing prelacy was rooted out of Scotland But he will reply That Scotia d did suspend this King from the exercise of his royall power until he consented which was an unparallel'd way of usage from subjects to their soveraigne Ans. This Gentleman would speak sparingly lest he run himself into a premunire for the Estates of Scotland did nothing but what the lawes of the land allowed them to do There was an act of Parl. Parl. 1. Act. 8. K. Iam 6. enjoyning the King at his coronation to sweare to maintaine the true religion of Christ Iesus to rule the people according to thâ—… loveable lawes coâ—…stitutions received in this reaâ—…me to procure to the uttermost of his power to the Kâ—…K Christian people true perfect peace And this oath King Charles the first did swear what wrong did the Estates of Scotl. when they caused King Charles the II. sweare the same It is true that both the nationall solemne league Covenant were tendered to him also But what was there in either of those different from this oath all the question is about Episcopacy was not Episcopacy abolished fully by act of Parliament by an act of Parliament ratified opproved by King Charles the first himself being personally present Anno 1641 so was not this a received an approved law as full formall as ever any law made by any Parliament in Scotland was And what wrong was it then to put this King to sweare to rule them by their owne approved allowed lawes By this it may be seen that Reverend learned Mr Crofton the authors of the Covenanters plea are mistaken through misinformation when indirecly at least they alledge or take it for granted that the Scots dealt uncivilly disloyally with their prince in this businesse the reader must be intreated
to look on that escape as flowing from no ill will which they carry unto the Estates of Scotland but meerly from want of information though it had been wished that they had forborne to have vented in publik any such reflexion untill they had been better informed But furder to goe on in speaking to the author now under examination At that time when the King was crowned it became him all to have construed otherwise of his majesty to have said with Cicero de officis lib. 3. Quasi vero fortâ—… viro vispossit adhiberâ—… as if a slout and constant man could be forced unto any such thing with Doct Sander sâ—…pius esse nequit qui non est fortis he who is not thus stout and constant can not be a godly man But now seing it hath pleased his Maj. to declare unto the world in print that he did sweare that Covenant against his will all are bound to give him credit But withall this must be said That Scotland is at a great losse not knowing how they shall be secured in any thing or how they shall know when Kings at their coronation do swear willingly when not on what ground they now stand who can know for it may be as well said that he swore that oath which was enjoyned to be sworne by the 1. Parl. of King Iam. 6. against his will upon this ground it may be alledged that he is not now bound to maintaine the true reformed religion not yet to rule the land by the laudable lawes thereof but only according to his own will pleasure But this author goeth on sayeth It would be considered whether this be de jure naturali that a consent of a superiour once given to the vow of an inferiour he hath no power to revoke his consent upon reasonable causes and to make void the vow Lessius thinketh the precept is eatenus judiciall Ans. He would gladly put to his Amen unto this if he did not feare to be hissed at What Lessius or any of his stamp say is not very materiall But whereas he thinketh that that part of it is judiciall he had done better if he had given one word of reason for it But if he thinketh that that part of it is judiciall what if others think that the rest of it is judiciall also so it be wholly laid aside as judiciall But who ever these great schollers are who think that the superiour may revoke his consent it is too too apparent that they are not great divines who would teach people thus to falsify their oaths promises nor are they good royalists who with Matchiavell who sayeth Princes should not have vertue piety faith religion or integrity yea that it is dangerous to them to use those alwayes that it is necessary sometimes for them to do contrary to their faith and promise and turne with the winde would teach Kings to take their word againe when as nudo jus reverentia verbo Regis inesse solet quovis juramine major undertake to maintaine that maxime that principi â—…ihilest injustum quod fructuâ—…sum That a prince can do no wrong whatever he doth if it be for his own gaine seing Solomon that wise King sayeth Prov. 17 7. That lying lips become not a prince the emperour Charles 5. when questioned by â—…udovick palatine of Rhine why he would not break his promiâ—…e to Luther said That though faith in keeping of promises should be bâ—…shed out of all the world yet it should remaine with the Emperour But Doct Sanders a better casuist then this author resolveth the case otherwise ubi supra prâ—…l 7. § 6. saying 3. if the superâ—… hath once confirmed the promise by his expresse consent â—…edent or subsequent he cannot afterward make that promise void and null or loose its obligation Now it was shown before That the Scottish Covenanters had more then his Maj. consent They had him swearing the same thing so that there can be no power of revokeing or of doing or of putting his inferiours to do any thing contrary to the oath and what sayeth this author unto this He sayeth for sooth That it is granted unlesse upon some other ground there be a clear looseing of the superiâ—…urs oath a ceasing of the obligatiiâ—… of it Ans. Spectâ—…um admissi râ—…sum teneatis amies Seing he had a minde to say this why hath he troubled his reader all this while What these other grounds are he hath not yet showne this is a faire consession that he hath been beating the winde therefore this first case is sent away with disgrace for now at length he is ashamed of it and it may be he shall have cause likewise to be ashamed of the rest ere all be done for it is malum omâ—…n in â—…mine cespitare The second case which he mentioneth shall be thus summed up when the matter abideth not in the same state but something in providence occureth before the accomplishment of the oath which maketh the performance either sinfull as the delivering of the sword into the owners hand when turned mad or importing some turpitude or something against morall honesty as marrying of a woman after oath discovered to be with childe to my brother or anyother man then the obligation of the cath ceaseth so is the case here sayeth he some thing occurreth now which maketh that without sin we cannot performe that oath for suppoâ—…ing the indifferency of prelacy we cannot performe that hath without disobedience to the Magistrat in a matter wherein he hath power to command no oath can binde sayeth Perkines against the wholsome lawes of the common wealth neither is it materiall whether the lawes be made before or after the oath bâ—…th wayes the matter of the oath becometh impossible de jure and though in indifferent things of private coÅ„cernment an oath may take away liberty Yet a subjects oath cannot take away the power of the Magistrat in things not unlawfull nor binder subjects from obedience otherwise subjects might finde away to plead themselves free from obedience in all things indifferent This is the summe of his discourse unto which it is Ans 1. The ground of this is yet questioned for it is showne that as to the 2 Article about which most of the contest is the Covenant is not about things indifferent but things morally evill as is uncontroverted in all poynts save that of prelacy and to take it for granted that prelacy as there abjured is a thing indifferent is more then any adversary will yeeld to him 2. Be it granted that such a government as is there abjuâ—…ed is not expresly against the word of God yet a thing indifferent may become inconvenient inexpedient an oath made concerning those things may be undoubtedly good lawfull 3. If this doctrine of his hold good It shall be hard to know what matter it should be about which an oath should
Printed records They declare that in their undertakings they should preferre no earthly consideration to their dutâ—…es for preserving of religion in Scotland in doctrine worshipe discipline government as it is already established to endeavvour to setle it in England Ireland according to the Covenant also in their answere to some committees of Shires they declare that they had nothing before their eyes in that undertaking but the preservation good of religion the endeavouring the setling of it in England Ireland according to the Covenant in the first place before all worldly respects his Maj. rescue from â—…his base imprisonment his re-establishment upon his throne in all his just powers the saiftie of this Kingdome from danger on all hands the preservation of the union brotherly correspondence betwixt the Kingdomes under the governement of his Maj. of his royall posterity according to the Covenant So that the gentleman the author of this pamphlet publisheth his mistakes to the world when he would inferre thus was this right that where our alleagiance binds us to duty to a greater latitude this should be held out to people as the only standard of their loyally duty to the King Was it found Doctrine to insinuat to the sense of intelligent men that we were not otherwise bound to defend him Was it well by such a clause to give occasion to wicked men to think they were no furder obliged to him then he should desend that which they accounted religion And that the folly of his consequencesmay furder appear it would be considered that there is a clear difference betwixt these two Owneing of the King defending his authority never but when he is actually owneing active for the cause interest of Christ And owneing of the King defending his authority alwayes but when he is in actuall opposition in a stated contradiction to the work interest of Christ So is there a difference betwixt these two Non-concurrence in defending promoveing of the King's authority when he is opposeing the work of God And actuall anulling diminishing or utter overthrowing of his power authority when he is so stated And so when the Covenanters say That they are not bound to contribute their power in their places capacities to promove or defend his Maj. power authority when he is in a stated opposition to the work of God when the advanceing of him to his full power authority would cetanely tend to the ruine desruction of the cause people of God yet they do not say that they are never bound to defend him but when he is actually promoveing advanceing the work of God according to his full power place Nor do they say that when he opposeth the work of God they are at liberty to destroy his person or to spoile rob him of all his just power authority And therefore both that clause in the Covenant their proceedings may be abundantly justified without laying down any ground for the taking away of the late King's life without clashing with or contradicting the confessions of protestant Churches or of their owne soâ—… still they acknowledge that difference in Religion doth not make void the Magistrat's just legall Authority not free the people from subjection But that this may be a little more clear let this example be considered A Father turneth phrenticke mad seeketh to destroy the whole family calling for a sword liberty to execute his cruelty His sones rise up binde his hands withhold the sword from him withall sweare to stand together in their own defence to defend their Father's just right power in the defence of the family Now in this case can any say that they were undutifull children or that their covenanting so adding that clause in the Covenant sayeth they were free to cast off the relation that is betwixt him them except he guide the family in all poynts as they would have him doing No in no wayes Here then it is clear that their refuseing to put the sword in their Father's hand while under this distemper is no act of undutifulnesse It is no lessening of the Father's just power over the family nor doth it say that they thinke themselves not bound to owne him as a Father except when he is actively promoveing the good of the family far lesse doth it say that they think because of this distemper they may destroy him or that the relation betwixt them him is broken up for ever So then though this Advocat thought he had a faire sield to walk upon a faire occasion to vent his anger against that Church to make her odious to all Churches about yet wise men who easily see that there is no such strong relation betwixt King subjects as betwixt Parents Children will acknowledge that his ranting is without reall ground And that Scotland in their treaties with the King at the Hage at Breda in their actions at home did nothing but what they may hold up their faces for both before God Man doing nothing herein which either contradicteth their own confession of faith or the confession of faith of other Churches Not their own confession of faith For if the large confession of faith be viewed which was approved by the Parliament insert in their registres In that head of the civill Magistrate these words shall be found We confesse and avow that such at resist the supreme power doing that thing which appertaineth to his charge do resist God's ordinance and therefore cannot be guiltlesse furder we affirme that whosoever deny unto them their aide counsell and comfort whiles the Princes and rulers vigilantly travell in execution of their office that the same men deny their help support and counsell to God who by the presence of his lifetenant doth crave it of them So that all the resisting which is there condemned is resisting of him while doing his duty executing his office not while he is seaking to destroy Religion the interests of Christ. Nor the confession of other Churches for in the former confession of Helvetia upon that head of the civill Magistrate they say as it is in the English edition We know that though we be free we ought wholly in a true faith holily to submit ourselves to the Magistrate both with our body and with all our goods and endeavour of minde also to performe faithfulnesse and the oath which we made to him so far forth N. B. as his government is not evidently repugnant to him for whose sake we do reverence the Magistrate So the French in their confession Art 40. say 〈◊〉 must willingly suffer the yocke of subjection although the Magistrats be infidels so that N. B. the soveraigne Authority of God do remaine whole and entire and nothing diminished And which is worth the noticeing the practice of