AN Apologetical Relation, Of the particular sufferings of the faithful M●…nisters & professors of the Church of Scotland, since August. 1660. Wherein several questions, useful for the time, are discussed: The King's prero●…gative over Parliaments & people soberly enquired into: The lawfulness of defensive war cleared. The supreme Magistrates power in Church matters examined, Mr Stilling fleet's, notion concerning the divine right of forms of Church Government, considered. The author of th●… seasonable case answered, other particulars, such as the hearing of the Curates, appearing before the high commission court, etc. canvassed. Together with the rise reign & ruin of the former 〈◊〉 lats in Scotland. Being. A brieff account from History, of the Government of the Church of Scotland, from the beginning, & of the many troubles which Prelates have created to her, first & last. For satisfaction of strangers & encouragement of present 〈◊〉 By a well wisher to the good old cause. JER. 50: 34. Their Redeemer is strong. The Lord of hosts is his 〈◊〉 〈◊〉 shall thorówly plead their cause, that he may give rest to the land, 〈◊〉 quiet the inhabitants of Babylon. MIC. 7: 9, 10. I will bear the indignation of the Lord because I have sumed 〈◊〉 him, until he plead my cause, & execute judgement for me, ●…e 〈◊〉 bring me f●…rth to light, & I shall behold his righteousness: then she●… that 〈◊〉 mine enemy shall see it, & shame shall cover her, which said unto me 〈◊〉 is the Lord thy God? Mine eyes shall behold her, now shall she be 〈◊〉 down as the mire of the streets. ISA. 51: 22, 23. Thus saith the Lord thy God that pleadeth the cause of his people, Behold I have taken out of thine hand the cup of trembling, 〈◊〉 the dregs of the cup of my fury, thou shalt no more drink it again. But I ●…ll put it into the hand of them who afflict thee, which have said to thy soul, 〈◊〉 down that we may go over, & thou hast laid thy body as the ground, 〈◊〉 〈◊〉 ●…reas to them that went over. Printed in the Year. 1665▪ The Epistle to the READER. Christian Reader. This is a time wherein little or nothing is heard from the Churches of Christ all the world over, but lamentation & woe●… partly by reason of grievous afflictions. & sore persecution (which is none of the worst conditions) & partly by reason of woeful and shameful defection, & falling from former zeal & integrity, occasioned either by the temptations which usually attend sharp trials of affliction (whereby the weakness of many, & perverseness of heart in more, is discovered) Or, without any such force of external temptation, from an inward decay of life & love, & wearying of God & his ways (the Worst condition that a Church can be in) which is now the Epidemical plague of this age. Hence it is that the Lord seemeth to be angry with all, & ready to reject some of his Churches, which to him are as a generation of his wrath. Have not his people set up their abominations, in the house which is called by his name to pollute it? And may it not be feared that the curse shall devour the earth, & they that dwell therein shall be made desolate, because they have transgressed the laws, changed the ordinances, & broken the everlasting Covenant? There appeareth now hanging over the head of the poor little flock of Christ, a black & dreadful cloud threatening no less than utter ruin, & overthrow, or at least speaking a loud alarm for awaking the secure & sle●…ping Bride. It is most sad to behold, how little the Churches of Christ in every place, are affected with this imminent stroke, ready to light on all: & to see some of them quiet & at rest, singing a requiem to themselves, as if (though dispensations from the Lord, do speak the contrary to all who will but open their eyes) their mountain stood so strong, as never to be moved. This deadness & deep security, when all things speak an approaching storm (as it doth evidence a great Judgement & spiritual plague from God, upon the Spirits of people; so it) dothpresage no less than remediless ●…uine, if God, in the riches of his mercy, prevent it not. What a dreadful night of confusion & astonishment must be at hand, when there is such blackness without, And such deadness & prodigious security within? Are not the enemies of the Church as Gebal, Ammen, Amalek, The Philistines & those of ●…yre, Assur, & the Children of Lot (who are early & late at their master's work) devising & plotting the ruin & destruction of the interest & Kingdom of Christ? Are they not all combined together, & acted with the same Spirit of Antichrist, for this very end & purpose, to help forward, as with one shoulder, & to raise up his fallen interest, & heal his wound? And are they not setting themselves to thrust King jesus from his throne, to put the crown from his head, & the sceptre out of his hand, & so to pray upon, & devour his little flock, that, if it were possible, they should be no more a nation, nor their name remembered any more? And are they not about the swallowing up of the protestant interest, as in a moment? And what is the Church of Christ doing, all this while? Doth she stir up herself to call upon her head & husband, or to awake the watch man of Isreal, who neither slumbereth nor sleepeth? Is she upon her watchtower, looking out & guarding against the approaching enemy, or observing his motions? Ah not so! She is fast a sleep, while the enemy is within the walls. And which is more sad & lamentable, with her own hands, she hath helped to make the breach in the wall, at which the enemy hath entered, & now hath fair advantage given him, to accomplish his bloody design against the protestant cause & interest. (So little hath she gained, by her sinful compliance with the opinions & practices of Antichristian men, whether through base fear, or carnal prudence) even the cutting of it off, And the bringing of his people back again unto Babylon. Who knoweth, but (though the Lord's enemies shall at last be trodden under, as straw for the dunghill, & he shall spread forth his hands in the midst of them, as he that swimmeth spreadeth forth his hands to swim, bring down their pride together with the spoils of their hands, lay low in the dust, & bring to the ground, even the high fortress of their wall, & so make all his enemies know that there is a King in Zion who shall & must reign until all his foes be made his footstool) the only wise God, who knoweth how to turn every thing to the best, may suffer the adversaries to prosper in their device & design, & so give up many of the people called by his name, to the sword of the enemy, that others may be alarmed & awaked from their sleep, & put to their prayers, even to calling upon God with their, whole heart & not feignedly? O that they were wise, & would speedily prevent this deadly blow by repentance, & by serious considering how they have fallen from their first love, & have forgotten their first works! O that they would think of returning to the most high with fasting weeping & mourning, renting their hearts & not their garments, of turning unto the Lord their God who is gracious & merciful, slow to anger, & of great Kindness & repenteth him of the evil! However his people are called to mind that word, Isa. 26: 20: 22. Come my people enter thou into thy chamber, & shut thy doors about thee, hide thyself as it were for a little moment until the indignation be over past; for behold the Lord cometh out of his place, to punish the inhabitants of the earth for their iniquity. The earth also shall disclose her blo●…d, & shall no more cover her slain. In these following sheets, there is some account given thee, of the sad & deplorable condition of the Church of Christ in Scotland. It is wonderful to see how variously Satan doth assault the Churches of God, some one way, some another: That crafty & cunning adversary, doth suit his baits & snares to the several complexions of people & Churches, against which he opposeth himself: Some have the trial of cruel mockings, & scourge: others meet with bonds & imprisonment, and others with trial of some other Kind; Against some, Satan doth raise cruel & bloody persecutions, others he endeavoureth to draw away from their steadfastness & zeal, by ensnareing allurements: a third sort he invadeth with all his troops & forces at once: And thus is the lately glorious Church of Scotland tried this day. Upon the one hand he raiseth up against her, men of corrupt minds destitute of the truth, who make sharp their tongues like a Serpent, & under whose lips is the poison of adders. These have vented & do vent most bitter slanders & reproaches against her, & the way of reformation, which the hand of God wrought in her: On the other hand, he hath raised within her, a most cruel persecution by a popish prelatical & malignant party, setting them on with rage, against all who desire to keep themselves unspotted, & free of the contagions of this evil time, forcing some by cruel & sore persecution, & ensnareing others, that are more simple, deceiving & drawing them into their n●…t; & thereby causing many to comply with them in their wicked ways, & to run with them unto the same excess of sin & wickedness. Yet hithertil (for which, the name of the Lord is alone to be Magnified) the designs & devices of these Matchiavellian Ahitophels', & bloody persecuters have not taken such effect, as they either wished or expected. It is true, many (Alas! too too many) have been carried away with the stream, and willingly walked after the commandment to the great dishonour of God, amazement of nations about, rejoicing of the heart of the ungodly, & to the great stumbling & grief, of the truly tender & godly in that, land, so as the defection of that Church may be matter of astonishment to the present & after generations: Yet it is her mercy that there are not a few in her, whom conscience, & Christian tenderness in their walk, hath exposed to sad sufferings who therow grace have resolved to keep their garments clean; & to prefer the peace of a good conscience, to all the treasures of Egypt, holding faith & a good conscience, of which many make shipwreck, & in the Lord their master's strength, to hold fast their integrity, & to maintain their ground, though bonds & afflictions should abide them: The justification & defence of such, is the intended scope of this following treatise: Which how well managed is left to thy discretion to Judge. It is like, such a worthy & noble cause may suffer prejudice through the weakness of him who here doth appear in its defence, wherefore it is wished that some more able pen be engaged in this work, for clearing to the world the present sad case of that Church, And vindicating her from aspersions & calumnies, which her adversaries labour to fasten upon her. To speak in the justification of such a mother, would well become the most eminent of her Children; It would be so far from being below them, & a disparagement, that they might justly account it their glory, to lay out themselves in the out most of their strength & parts, for the defence of such a cause, when so few do avow, & openly declare their owning of, & adherence to it: But until the Lord shall be pleased to stir up & set on work some more able, & to prompt them with a spirit of zeal & courage for such an undertaking, thou must rest satisfied with this poor essay, for the time. Only thou mayest give charity to the author, that it was not his intention to wrong, in the least, so glorious a cause; But seeing none else did undertake or appear in it (for any thing known to him) He desired, in a few words (that something (though it should prove little better than nothing) might be said in & for it) to make it known how worthy it were the thoughts & pains of a more able head & hand▪ to deal in. Many, It is like, will be the exceptions taken at this piece, & moe than can now either be thought upon or obviated, such as are most obvious, we shall endeavour to remove, by briefly touching & answering them. Some may think it strange, that a piece of this nature, intended, as appeareth from its strain, for satisfaction of Churches abroad, cometh not forth in a latine-dresse. It is true, it was intended at first, & so moulded & drawn up, as it might be published to the world in latin, for the satisfying of strangers & Churches abroad▪ But upon second thoughts, When the case of the suffering people in that Church & Kingdom was considered; It was thought expedient, that it should first be published in English; That such as had hithertil valiantly resisted, to the loss of their means & liberty, might be strengthened & confirmed in their resolution. And the more encouraged to endure afflictions when they should see that they did suffer for righteousness sake, & that they were called thereto of God: & that others might be quickened to fol low their footsteps who had so cheerfully gone before them in the way. Having hereby their▪ doubts cleared, scruples removed, & their judgements convinced in the point of duty: & this was found even necessary at such a time, when their temptations did abound, their faintings were like to grow; & when such as were able to give advice in difficult cases, & to encourage the weak, were thrust away. So the consulting of their present necessity did hasten it forth in this dress: Besides, that many both in England, & Ireland, may receive information & edification hereby, of which they should have been deprived, if it had been published in latin. Afterward, if it be thought necessary & expedient, this or some other, may be published to the world in Latin, with less prejudice to the present sufferers. Next, some may think that several questions here handled, might have been forborn, especially such as touch upon the civil Magistrate his power & prerogative, seeing in all probability he shall be the more enraged thereby. It is true, Higher powers will not take well such free & round dealing: But what ●…medy is there? Amicus Plato, Amicus 〈◊〉, sed 〈◊〉 ●…mica v●…ritas: & it had been a just ground of offence, If to please the higher powers, truth had been betrayed, when necessity did call for witnessing unto it: The interest of Christ is much more to be valued, Then the pretended & imaginary interests of the highest powers on earth. The work of God ought to be justified, who ever be offended therewith; And when many of the Lords worthy & precious ones, have adventured, & laid down their lives, in the carrying on of such a work (unto which they were called of God) can it give just offence to any, to hear it now pleaded for, because it is malig●…ed & blasphemed, yea such an essay as this in defence & justification thereof at such a time, should in reason be accounted the more seasonable & necessary. If there be any unbeseeming expressions, or savouring of passion, these shall willingly be disowned provideing that the cause suffer no prejudice thereby; knowing that the wrath of man worketh not the righteousness of God; And that no railing accusation, or speaking evil of dignities (which is condemned in the word) ought to be approved. Yea the reader shall find upon narrow search, considering the matter, that much more plainness & sharpness might have been used in such a dispute; And that as much inoffensivenes●… hath been studied, as might be, without hurt to the cause. And that purposely many particulars, which might have been mentioned, have been passed by: And that no particulars have been pitched upon, but such as are still upon record in their printed Acts, or were publicly acted & concluded in their public meetings: And as to these consequences drawn from their Acts & actings, which appear dangerous & destructive to the throne, let such as have laid the foundation in the premises see to that, ex veris nilnisi verum: Who give twice two, cannot be justly offended with any who shall thence conclude that they give four; & whether the Consequences be clear & undeniable or not, the reader now hath it before him to judge: As to the King's supremacy in Church matters, no truly reform divine, can justly take any exception against that which is here spoken upon that head. The privileges of the crown & sceptre of christ should be highly valued, & earnestly contended for, by all, who call & account themselves Christians; & a discourse or debate on that subject cannot but be accounted neces●…y at this time, when the powers of the earth (as would appear) have combined together to rob Christ of his crown & to share his privileges amongst themselves, to the great scandal of the Gospel, & prejudice of the Kingdom & interest of Christ in souls, & through the world. Further, it is like, some would have wished, that the historical part contained in the first & second sections, had been much more large. Such may know that brevity was studied as much as could be, all alongs, yea so much, that, it may be feared, the reader shall think it the more unpleasant in reading: & that the scope, & intendment of that part of the tractare, was only to give a hint of the many & various troubles, which prelates from the beginning had created unto that Church, & by what steps & ways she was brought under their yoke: so that a large history could not be expected: It is true, such a work as that would be both most seasonable & useful in this juncture of time; And it were to be wished; that such as have the History penned by the learned & industrious Mr Calderw●…od; would think upon the most ready & effectual way for publishing it, that the world may have a full clear & satisfactory view of the many toss, which that poor Church hath endured, & the many wrestle which she had with a popish, prelatical & malignant party from the beginning: Meanwhile Mr Knox, & Mr Pe●…ree their Histories, Vind●…ciae Epistolae Philadelphi Printed with altar damascenum Mr Spang's Historia motuum etc. the Nullity of perth assembly▪ the course of conformity, & such other printed pieces, together with the Printed Acts of general assemblies since the year 1638. will give some light to such as peruse the same. Many no doubt will think it strange, that there is no mention made, here, of the sufferings of that worthy & renowned instrument of the work of reformation, the zealous & faithful Lord Waris●…oun. As to this, the reader may know, that this was occasioned only, through the want of a full information of his case, & of the grounds on which the Parl. did go, in takeing away his life, & condemning him to death as some notorious malefactor, to be hanged; & his head fixed on the port of Edinburgh near to the head of worthy & famous Mr Guthry, who speaketh when dead. This know that after the King's return to England, And after the imprisonment of the truly noble Marquis of Argyle in the Tower of London, he sent orders to Scotland, to cause apprehend him, & some others; but he, receiving intelligence hereof, did withdraw, & by the good hand of God was secretly conveyed out of the Kingdom, upon which, the Parliament when assembled did declare him fugitive, So that he was necessitated still to withdraw, knowing, that for the good service he had done to Christ, evil was determined against him, if he should fall into their hands; which afterward came to paste. It is certain also, that while he was abroad at Hamburgh, & visited with sore sickness, one Dr Bates (one of the King's Physicians, worthy to be cast unto the bats, rather than to live amongst Christians) Intending to kill him (contrary to his faith & office) did prescribe unto him poison for Physic, and then caused draw from this Melancholy-Patient, sixty unces of blood, whereby (though the Lord did wonderfully preserve his life) he was brought near the gates of death, & made in a manner no man, Having lost his memory, so that he could not remember what he had done or said a quarter of an hour before: In which condition he continued till his dying day: but all this did not satisfy his cruel & bloodthirsting enemies, he was sought after carefully, & at length given up, & apprehended at Rowan in France, & sent to England; where he did continue a prisoner in the Tower of London until the last session of Parl. in▪ Scotland Anno 1663. Where, even when he was not able to speak in his own defence (being to the conviction of his adversaries no man, far, & much different from that Lord Waris●…oun, who sometime could not only have been a member, but a precedent of any judicatory in Europe, & have spoken for the cause & interest of Christ before Kings, to the stopping of the mouths of gainsayers He was triumphed over, particularly by the Archprelat Sharp, who then with the black crew of his false brotherhood did sit in Parliament, as constituting the third Estate. And was condemned to die in the manner abovementioned; So that, that Parliament which was consecrated with the blood of two Noble witnesses in the entry, was shut up and closed with the blood & death of this worthy witness. But (which is to be remembered with admiration) behold, this half dead man, when the day of his death came, had a wonderful reviving, & was, beyond the expectation of all, graciously visited, & mightily assisted of God (hearing the many prayers of his people put up in his behalf) So as he gave a noble testimony to that honourable cause & work (In carrying on of which, he had been honoured of God to be a worthy instrument, from the beginning) And Christ triumphed in him, over all his enemies, that watched for his halting, as the reader may see, by his speech & carriage on the scaffold, set down in Print: But he may have, hereafter, more full satisfaction, both concerning him, the Noble Marquis of Argile & famous Mr Guthry, when the world shall see their Processes, & their defences in Print, or when these following sheets shall be reprinted (if that shall be thought expedient & necessary, not only for these now mentioned particulars; but also for further explaineing, confirming & vindicating of any, or all of the rest of the purposes here spoken to) after fuller information had in those particulars. Till then let the reader rest satisfied, with the hints that are given here, & in the following sheets, of the case & carriage of those worthies, & pardon what is spoken, short & unsuitable to their worth. As to those who have appeared before the High commission court, (induced thereto by the evil counsel of some others, or the not thorough & narrow examination of the complex-case, as circumstantiated, or being otherways circumvented) And are now suffering upon some other account, wherein they found more clearness & satisfaction: And as to others also, who have not fully seen the evil of some things, which in the following debate are clearly demonstrated to be sinful, & yet as to other particulars are endeavouring to keep their former integrity, & to guaird against compliance: Let none of those think that any thing, here, is said intentionally to put them to shame, or to proclaim, before the world, their weakness & defection, or to make glad the heart of the wicked; for if there had been any other way for vindicating such as do suffer upon the account of these particulars, and for preventing the fall of others into the same snare; this way had never been made choice of; & therefore seeing nothing is said upon any sinful or sinister design, these brethren & Christians, will take this smiting as a Kindness, & these reproofs as an excellent oil that will not break the head, They will not take in evil part, the discovery here made; They are of another spi●…it, then to be embittered, at such free & full ●…iping up of the evils of the course which many in this hou●…e of darkness do follow: Yea it cannot but be hoped & certainly expected, that such as truly fear the Lord, will bless his name, with all their heart, for such things made known to them, that in time they may repent of the same, & see cause of wondering at his goodness, & mercy in not leaving them to themselves, in other particulars of trial, notwithstanding of their sailing of duty, in that their begun trial: And who knoweth but serious mourning and repenting before the Lord, for fainting so far, would open a door for a great income of joy and consolation to the sweetening of the bitterness of suffering, & to the strengthening and bearing up of their souls under their mighty pressures: So than the design both Operantis & Operis being good, let no tender Christian be displeased with the way of the pros●…cution of these particulars, or think that there is too much sharpness used, & that the consequences are drawn too straight; For if in the Particulars themselves, truth be maintained (as may be supposed, will be granted) the arguments made use of, can give no just offence, especially such as are drawn from the Covenants which now are trampled upon by this sinful & backsliding Generation, upon which many (otherwise not ill minded) think not much, especially now, when it is reckoned a crime once to name them as standing in force & obliging the lands: And when the Spirit of these who carry on with violence this woeful course of defection, are so enraged at the same, that they cannot endure to hear a Covenant so much as named, though it were even the Covenant of grace. This, however incrediblei●… may seem to be, & will hardly be received by a Christian ear is a well known truth. Now at such a time to put people in mind of their engagements unto God, & to discover how such & such practices are contrary to their Covenant obligations & vows, cannot justly be condemned, but approved of all who desire to stand fast in this hour of temptation. It is beyond all question, the Particulars here asserted shall meet with much contradiction from men of corrupt minds, whose principles will lead them to oppose what here is spoken in vindication of truth, & of the honest sufferers of Christ: And upon that account it may be expected that the same honour shall be done to this, which hath been done to other more worthy pieces, viz. that it shall be committed to the fire, there to receive a quick dispatch & answer, which will be so far from lessening the credit of the book, that it will render it much more desirable, & confirm the weak concerning the truth of the Particulars here spoken to, & of the unanswerableness of the arguments here made use of; & so the author's expectations shall be fully answered. But if they shall do it the justice, to commit it to examiners one or mo●…, who with sobriety & moderation, shall publish their exceptions to the contrary, & shall examine these papers by the word of God, right reason, & the fundamental & municipal laws of Scotland; the particulars here spoken to▪ shall be revindicated, The Lord granting life, strength & liberty, from all their exceptions. Only let not such as undertake this task, improve the advantage of authority (now on their side) so far, as to do nothing but rail at random, & stuff their reply with unbeseeming (to say no worse) And Unchristian expressions, & outcries of treason, treason; for in that case, it will be thought expedient not to answer such in their folly. A good cause is a mighty second to a weak man. And so being persuaded that the cause is noble & just, much owned & honoured of God; There is the greater ground of hope that God will help such as shall undertake the defence thereof: & the cavils of men (who may be looked upon as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in most of these particulars) are t●…e less to be feared. But Christian reader, what entertainment so ever it shall have with these, who have out lived their zeal & integrity, & have shamefully declined in the day of trial, And have betrayed the cause & interest of Christ, & therefore shall look upon themselves as not a little concerned herein, & pinched hereby, being unwilling to have their evils ripped up, & laid open to the view of the world; Let it have a Christian entert●…inment with thee: & though it come late to thy hands (through the injury of the times) let it not be the less welcome: If the Lord shall be pleased to bless it, it may be of use for thy strengthening in this growing storm, upon several accounts & grounds, whereof I hint but a few. 1. By what is said here, thou mayest see that the cause thou sufferest for, is the good old cause: That same Spirit which acted the Prelates & other enemies of the Church of Scotland from the beginning, is now raging in her present enemies: The same design is & hath been endeavoured & driven on, all a longs. How various so ever the pretexts & colours have been under which they have sought to cover themselves, the covering hath proved too narrow for them; first prelacy & then popery was intend first & last. It is the same cause, in the defence of which, Christ's worthies of old did act & suffer, so long as they could stand, & in the defence whereof, they were not afraid to bear the displeasure of King & court, & to hazard life & liberty, & all which wa●… dear unto them: If then the same Spirit doth act & work in the enemies of the Church now, which did act & work in their predecessors of old, pray thou that the same Spirit of God, may act thee & all the faithful of the land, which did appear in the worthy & valiant Champions of old, whether thou be called to act or suffer for his sake. 2. Thou mayest know from what is here related, that the cause for which thou art now suffering, was brought very low before these times, And that the adversaries thereof have often got up to a great height, yet the good cause hath got above them: And how Acts of Parliament, one after another, & all the devices of the adversary, to seal the grave, And to make it sure, could not keep this cause of Christ from a glorious resurrection; Many a time have they afflicted me from my youth (might the Church of Scotland then have said) many a time have they afflicted me from my youth, yet have they not prevailed against me. The plowers ploughed upon my back, & made long their furrows, The Lord is righteous, he hath cut asunder the coards of the wicked. And shall it not yet hold true, that all they who hate Zion shall be confounded & turned back, & be made as the grass upon the house topes, which withereth be fore it be grown up? There is no cause of despondency of spirit, or of giving over the cause as lost: there is hope in Israel concerning this matter, his people may still hope & trust in his name, who hath wrought salvation of old. He who did put that wicked party to shame & confusion of face, in former times, & made the name of Prelates to stink, & their posterity to be as cursed vagabonds wandering up & down, bearing the marks of god's displeasure, still liveth & reigneth, & doth no more approve of the Ungodly of this generation, Nor of their more than barbarous carriage, who have laboured to out strip their predecessors in perfidious treachery; Then he did them, who of old did set themselves against the Lord & his Christ, yea much less: It is true, the men of this generation think they have pins for stopping of such holes, which their predecessors could not stop; but he who sitteth in the heavens doth laugh at them, & hath them in derision; He seeth that their day is coming. It is easy with him, to cause the sword which they have drawn to slay such as are of upright conversation, enter into their own hearts; & to break the bows which they have bend to cast down the poor & needy; Our God liveth, & reigneth & shall reign, let Kings of clay rage as they will. Therefore cast not away your confidence which hath a great recompense of reward, for ye have need of patience that after ye have done the will of God ye may rece●…ve the promise; For yet a little while & he that shall come, will come, & will not tarry. 3. Thou mayestsee, that this cause & work, against which the wicked have conspired & set themselves, hath been signally owned & approved of by the Lord, for which he hath fought, 〈◊〉 his right hand done valiantly, & whereby he hath got himself a name among the nations: And who knoweth what God will yet do for his great name, which, in this day of rebuke & blasphemy, is greatly reproached? Hath he begun & will he not finish his work? It is true, the provocations of his people do keep them long in the wilderness; yet he who hath frequently wrought for his name's sake, that it should not be blasphemed amongst the heathen, will still be tender of the same, & sith, at this day, there is much blasphemy belched forth, by persons of all ranks against the great & glorious works of God, as much if not more, then at any time or in any age, wherein hath been less light; The people of God need not be hopeless, much less conclude, That God who is jealous of his own glory, & will not give it to another, will suffer it now to be given to the devil, on whom his work is fathered: But rather will certanely be avenged on those prodigiously & unparallelably impious & sacrilegious persons. How dreadful a thing is it, to say that Christ casteth out devils, by Beelzebub the prince of devils! 4. Thou mayest see clearly, that the cause, for which thou dost now suffer is the cause of Christ: His enemies would pull the crown from off his head, & the sceptre out of his hand, & by this means, make him no King in & over his Church, & consequently no mediator; For as mediator, he is a King in & over his Kingdom, that is his Church, in which he dwelleth, & over which he ruleth with his sceptre of righteousness. They will not have his Kingdom, a free Kingdom, & consequently they will not have him a free King. They will not allow to him, the liberty of appointing or instituteing his own officers, or to rule his Kingdom by his own laws, courts ordinances, & censures; Nor will they suffer Church-administrations, to be performed in his name & authority, as, in reason, they ought to be, if he be King & head of his Church. He must have no more liberty to exerce his jurisdiction, by the Ministry of his inferior officers, within their dominions & territories, then seemeth good in their eyes. The discipline of his house, must be exerced only in so far as they think good to permit: And thus it is undeny able that they look on Christ as an evil neighbour, & as no good friend to Caesar: They think his Kingdom is of this world, & therefore it must have no place within any of their Kingdoms & territories. Thus thou seest, that, in end, the controversy cometh to this. Whether Christ, or man shall reign in the Church, as head & supreme Governor thereof: And whether the interest of Christ or of man shall be preferred: And to prefer the interest of a man unto the interest of Christ, hath heretofore been accounted malignancy of the deepest dye. But what shall become of this controversy, & how shall it end? Are they, or shall they be able to put our Lord from his throne, & out of his possession? No; he is set upon the holy hill Zion by a mighty hand, & his inheritance among the heathen is given to him, by a surer deed of gift, then that he should be so easily put from it: He hath a rod of iron that will dash in pieces, as a potter's vessel; all his enemies, be they never so great, & mighty; He is too strong a party for all the potèntats & mighty ones of the earth: & therefore, this which is the grand controversy of those times, shall & must be decided, in favours of those who stand upon Christ's side, & maintain his right: he is a strong captain, & will run thorough all the hosts of his adversaries: Christ's sufferers then, may rejoice; what ever affliction they are or can be put to endure, for this cause, which is a cause that doth highly concern Christ the royal prerogatives of his crown & Kingdom, & his glory, as he is the only head of ●…his Church; seeing they may certanely expect the victory ●…re all be done; And seeing (as famous & worthy Mr 〈◊〉 in the preface to his Aaron●… road blossoming showeth) 〈◊〉 〈◊〉 & 〈◊〉 〈◊〉 Christ is 〈◊〉 King, & hath a Kingdom & 〈◊〉 in his Church distinct fr●…m the Kingdoms of the world, 〈◊〉 civil Governme●…, 〈◊〉 this commendation and 〈◊〉 ●…oue all ●…hen 〈◊〉 that Christ himself suffered 〈◊〉 the 〈◊〉 〈◊〉, and seale●… it with his blood, For it may be 〈◊〉 f●…om the 〈◊〉 of his passion, that this was the only p●…nt of 〈◊〉 〈◊〉 was 〈◊〉, And avouched by 〈◊〉, 〈◊〉 Joh. 18: 33, 36, 37. and Luk. 23: 3. was most aggravated prosecuted, and driven home by the jews, Luk. 23: 2. Joh. 19: v. 12, 15. Was prevalent with Pilate, as the cause condemning him to die Joh. 19: 12, 13. And was mentioned also in the superscription upon his cross, Joh, 19, 19 And although in reference to God, and in respect of satisfaction made to divine justice for our sins, his death was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a price of redemption; yet in reference to men who did persecute, accuse, and condemn him, his death was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, a martyr's testimony, sealing such a truth; Thus he. Christ is a good second, & will not suffer any who contend for his crown, throne, sceptre, privileges, & roy all prerogatives of his Kingdom, to be put to the worse: If he plead for any cause, we may be sure, he will plead for his own. Let not then his constant & valiant sufferers fear; for greater is he who is with, & for them, than they who are against them: Christ alone is more than match & party against all Kings, princes, potentats, Parliaments, pope's, prelates, Kingdoms, & armies; Yea & all the Posse of devils & men: Therefore they may be assured that he & his cause shall be victorious; For he must reign until all his enemies be made his foot stool. 5. Thou mayest see, That the truth for which thou dost suffer, is a truth which is after godliness, tending to the promoveing of piety, & of the power of godliness: Whileas the contrary cause & course leadeth to all profanity & debauchery, as experience doth this day evidently & undeniably prove: & this is no small ground of comfort; for the way which is not of, & for God, cannot stand: You may pray against your adversaries, as really wicked, driveing on a design of wickedness, which is evidently demonstrated by their acts & actings: Their enmity against, & opposition unto godly, faithful, Zealous, & able conscientious Ministers of the Gospel, & unto Christian meetings & exercises; As also their pressing of Godly conscientious persons, unto perjury & blasphemy, which is the height of wickedness; do put the matter beyond all doubt: And is not this enough to make thy soul loath & stand a loose from these ways; And to bless God for his preserving thy soul from their counsels & courses, & so from partaking of their judgements, which do certainly make haste; For God is of purer eyes then to look upon iniquity; Therefore he will not always look on these that deal treacherously, & hold his peace when the wicked devoureth the man, that is more righteous than he: The Lord hath ordained them for judgement, & the mighty God hath established them for correction: when Ag●…silaus did hear that Tissaph●…rnes a captain of Persia had broken his Covenant which he had made with him, & was raiseing an army to come against him, he was very glade, & said se magnam hab●…re gratiam Tissapherni, quod perjurio suo, & deos & homines sibs infensos reddidisset, adversae vero parti propitios; He thanked him heartily that by his perjury, he had made both God & man angry at himself & favourable to him and his cause: & may not his people be persuaded that God i●…, this day, displeased with the Covenant breakers, who are not satisfied with their own treacherous dealing & perfidiousness; but will have all others entangled in the same guilt? 6. Thou mayest see that Action, which is now so much branded with the vile & contemptible names of treachery & rebellion, I mean, Scotland's defending of itself against its bloody enemies, cleared from all these imputations, & foul calumnies: changes of times make many Changes in people's judgement; & at this time, it may be feared that many have Changed their opinion, because they see the water running in another channel, than it did formerly, & are now ready to condemn these noble worthies & valiant champions who j●…oparded their lives unto the death, in the high places of the field, & have shed their blood in that cause; (which is a more grievous guilt then many do now apprehend.) But here thou seest how little cause there is for condemning that Action; Yea what necessity there was laid upon Sco●…l. to stand to their defence, as they would not have betrayed the cause & interest of Christ, which they were sworn to maintain according to their place & power, their lives, lands, possessions liberties as scottish men & as Christians, into the hands of their implacable enemies. Were these valiant worthies now living, who are gone off the stage with honour & credit, & heating & seeing what they might now hear & see, how would they stand astonished at this degenerated generation, that so easily quite with that, which they did lose their blood & lives to purchase & obtain; Yea & to see or hear the self same persons, who but twelve or Sixteen years ago were jeoparding their lives with them, for the same cause, either condemning that practice, or carrying themselves so indifferently now, as if these matters appeared but t●…islles, & not worth the contending for. Whosoever they be who now seem to be ashamed of that cause, & of themselves in contributeing their help for the promoveing of the same; It may be thought, that it was not conscience that moved them thereunto, but some other ends, otherways, their judgements would not so soon alter, seeing there is no other argument now seen, but the wind changed from south to North, which dispensation useth not to work much upon consciences, what ever it may do upon other principles. If the former generations had been of such a cowardish disposition how had Scotland been delivered? If they had walked upon no other principles, but such as would have changed, when the storm did begin to blow upon their faces, where had the land been ere now? And if there be no other spirits in Scotland, this day, where, may it be imagined, shall that Church be found, ere long? 7. Thou mayest hereby be more enabled to disput against prelacy, then possibly thou was, having now seen how & what way it was brought in into the Church formerly, & how it is ushered in, to day: And when it is established by force, over the Church's belly, how it proveth the bane of all Church order, piety & edification: And this is a strong argument to prevail with such as have the root of the matter in them, & enough to make them question such a way, as no way of Christ's. To say, that the abuse of the power by such as are in possession of it, will not plead much against the power itself, will be of ●…o fore in this case, where the jus of the power, cannot pretend higher than to be humanum; And if its admirers should allege that it is founded upon a jus divinum; These necessary consequences, as so many propria quarto medo, will sufficiently ground an improbation; Scotland never saw prelate's without such a long train of hellish consequences discovering to any judicious eye, their rise to be from below; And if the prelates now in place, had thought it of their concernment, they might have cut off that long tail, but it seemeth, if they had done so, they would have lost somewhat that they thought essential to themselves, & therefore, as if they had thought all the abuse whereof their predecessors were guilty, was their too much lenity & forbearing to persecute the godly & banish piety; They have made the poor Church feel that their little finger is heavier than the loins of their forefathers: And so the argument of the vulgar, is confirmed with a witness, & become more unanswerable than ever. 8. Thou mayest likewise have arguments put into thy mouth, whereby to defend thine own practices, in standing to thy former principles, & stoup the mouth of thine adversaries: before thou was willing to suffer for Christ & his interest, though thou could not disput much for him & his truth, & that was a great evidence of love: And now thou mayest get some help in disputing for the truth, by the arguments set down in the following sheets; And the few arguments which thou will find there, may bring others to thy mind, & thus thou mayest be helped to meet thine adversary, without fear. 9 But if these adversaries be of such a disposition, as to take advantage of thy speaking or argueing for truth, to bring thee into trouble, & therefore in prudence thou will think it best to keep silence: Thou mavest here by be confirmed, in thine own mind, of the unlawfulness of such courses, as the current of the times would draw thee unto, as it doth others; & how unjustly thou art persecuted for refuseing to comply with such sinful ways: And further, because it is like, the malice of Satan & his instruments, will not rest here, but they will still be deviseing new ways to lay snares for the consciences of such as walk uprightly; by what is said to the particulars handled in the following sheets, thou mayest be helped to judge of new emergent questions, which thou mayest be exercised with, afterward, & so to know, how thou oughtest to carry thyself in reference to these new trials. 10. Thou mayest have some ground of hope, That the Lord's end in suffering this sudden & sad Change, to continue so long, is but to ju●…ge more fully his Church, from the much dross & corruption which otherways, in all probability, had never been purged away; It is possible that these bypast years of prosperity (her most afflicted condition, being a prosperous state, when compared with her present condition) have done the Church of Sco●…l more harm (by reason of corruption within) than many years of sad adversity shall do. The former prelates had a time, before they came to their height, & all those many years wherein h●…y were on the rising hand, & after they came to the possession of their full power, the Lord was trying & purging his Church; And at length, when his time came, who waiteth that he may be gracious, & loseth not a fit opportunity of doing good to his Church & people, he brought the Church of Scotland out of the furnace, & laid her stones with fair colours, & her foundations with Saphites; So that the years 1638, & 1639, were as glorious years as any which she hath seen, since: And these prelates (though they have made great haste, in their rise, yet) must have some time to do that work, in which the Lord is employing them as his lixes: one day discovereth more now, then, a year, formerly could have done; One prelate (blessed be the Lord who is master of work) doth more, than many purging committees could do: Why then should we weary? We know not what the Lord is about to do, but when we consider what were his dispensations, in former times, unto that Church, we may now hope, that he will bring the Church of Scotland out of the furnace, as fair & beautiful as ever, if not more; So that these who saw the foundation of the old temple laid, An. 1638. etc. Shall not have cause to weep when they see her foundations laid of new, & the Lord reviveing the stones out of the rubbish which are burnt; If his people were humbled, & did not stand in the way of their own mercies, who can tell what the Lord would do, & how shoes, he would appear for his oppressed people & interest, & declare that he hath chosen Ziou, & hath desired it for his habitation, & then cloth her priests with salvation, & cause her saints to shout aloud for joy? The popish prelatical & malignant faction have been losers when they thought themselves gainers, & all their victories have proven hurtful to their own cause; And who can tell but this day, which they think they have gained; and the victory, whereof they think themselves so firmly and certanely possessed, as that they shall never lose it again, may prove the most fatal day that ever they saw, & a victory tending to the everlasting ruin of their cause & interest. 11. Thou mayest see these Covenants, against which, in this degenerate age, reproach cannot sufficiently be poured forth, vindicated; And the lands, obliged & Covenanted lands before the Lord, what ever course hath been taken by higher powers to lose the obligation. This Gordian Knot will not be gotten so easily loosed, as some would imagine: People may think to close their eyes, & then reason themselves out of the obligation ofa Covenant & oath taken before the Lord, & so cast themselves at liberty; But that will only wreeth the heavy yoke ofGods curse straighter about their neck. It is no small matter of admiration to hear how basely many men do speak of these holy bonds, & sacred Covenants. But let men (who take pleasure in venting the venom that is within) say what they will, Scotland hath no cause to be ashamed of these Covenants. It was a sweet day when the national Covenant, which had been long buried in oblivion, was raised out of the dust, & renewed: And it may be, Scotland shall have as sweet a day, when both that Covenant & the solemn league & Covenant, which now lieth buried under a heep of the ashes of contempt & reproach, shall be raised up, & renewed with great acclamation of joy. It is true, this seemeth not to be very probable now; but Scotland's covenanted God liveth, & his arm is not shortened. There was not very great probability of renewing the national Covenant some few years before, when the prelates were tyrannising at pleasure, & no man durst so much as complain of any injury they did; It is easy with God to put Spirit & courage in people, make them stand upon their feet, & become an exceeding great army, who were before but dry bones, yea very dry bones: & howbeit now that league & Cou. be looked upon as a device contrived purposely to overturn the throne; Yet (as it hath already proven so again) it may prove, as sure a pillar for the throne, as any; & as effectual a mean to preserve the same from being overturned, as any other. But (Christian reader) by what thou will see in the following sheets, thou Mayest easily perceive, that it is both a sinful & dangerous thing to break Covenant, & a sin which heathens have scared at And therefore remember thy Covenants and vows made unto the most high, let not the speeches nor carriage of others, who think they cannot exceed, in casting out the venom of their heart, against these Covenants, lessen thine estimation of them, but rather increase the same; And the more thou hear others cry down these Covenants as null, keep thyself under, their tye, so much the more carefully: Make conscience of studying these Covenants, & the duties unto which, thou standest bound before the Lord, by virtue thereof: It is true, thou art no●… now in a capacity to Act, for the carrying on of the end●… of those Covenants, as some time thou hast been, yet keep thy Spirit still under the impression of their obliging force, & when thou cannot by acting promove the ends of the Covenant, thou mayest do it, by constancy in patient suffering for adhering to that cause & Covenant: See what thou art obliged unto by virtue of these Covenants, & let never these duties be forgotten, but as the Lord offereth occasion, let it appear, that thou art under the impression of the oath of God; thus shal●… thou have peace & joy, when shame shall cover the faces of all Covenant breakers. 12. Thou mayest see, how this yoke of prelacy, wreethed, in former times, about the necks of the inhabitants of Scotland, did prove so intolerably grievous, that they were made to groan under it; and how they became restless until they shook it off: And experience, this day, doth prove how necessaryly it is attended with grievous oppression & soul affliction. It hath been found, & is seen, this day, how prelates have trampled, & do trample upon the nobility gent●…ie & burgesses of the Land: The land formerly hath found, & to day, doth find, what the weight of a Saint Andrew's cross & of the prelate's r●…het is; And that their little finger is heavier than the loins of Ministers, whatever grudge & outcry there was, against the discipline of the Church. It is true, they proclaim liberty, & give way to all vice & iniquity, & are leaders into these wicked ways themselves, & are patterns & patrons unto the people, whom they encourage by their evil example, to follow them in their trade of wickedness: & it is like, this is the only thing which maketh that Goyernment desirable unto many, who love not to be kerbed in their licentious & wicked courses, but desire to have the bridle laid upon their necks, & liberty to follow the swinge of their own corruptions & beastly lusts; Yet it may be, that many are, ere now, wearying of them: Yea, who knoweth, but before this time, many of the nobles, & others of the land, who did earnestly pant after a change of Church Government, wishing the day, wherein prelates might be reestablished in their power, & faithful Ministers oppressed & put to the door, that so they might enjoy full & free liberty to commit sin with greadinesse, do begin to be think themselves, & to be sensible of their folly, when they see how Prelates trade upon their necks, not caring what disrespect they put upon them, or how basely they use them, when they see that they have acted below themselves & below men, when they made shipwreck of their consciences, & sold their souls to promove their ambitious designs, & to help them to ascend unto the tope of their intended grandour: no doubt many are thinking with themselves, that they have run too fast, when they see that all the thanks that they are like to have, from those who excel in ingratitude, is to be trodden upon as mire of the streets. It is a bad reward (but the just & righteous hand of God may be seen in it) to enslave the persons & bodies of such, who have voluntarily i●…slaved their souls to set them on high. O that the nobles & gentry of the land, would, at length, resent this indignity, & observe the hand of God punishing them with a whip of their own making, when they see how undervalueingly these men look upon them, & account them no better than their slaves & underlings; And would acknowledge God's equity & justice in this dispensation, & at length see & mourn for their sin, which is so legibly, as with capital characters, written upon their judgement! May it not come to pass, that these Zelots for prelacy, shall weary of this yoke, & wish as earnestly for the day, wherein they may be delivered from this bondage, as ever they did long for the day, wherein they might have their necks brought from under the sweet & gentle yoke of Christ? May not the peers & body of the Land come at length to supplicate his majesty, to lose this yoke from off their necks, when their Scottish (some time generous) spirits, shall not be able any longer to endure such unsufferable slavery: This is not impossible, nay nor improbable: Though it were to be wished, That they might Act that way, upon some other principles, principles of piety & godly tenderness; That, seèing their injury done to Christ, in shaking off his government & laws, willingly following after the commandments of men, & mourning therefore, they might lament after the Lord, & seek him with the whole heart, & engage themselves in a Covenant with the Lord, to be for him to the utmost of their power, & bring the land back again to seek the Lord God of their fathers, that he may have mercy upon them & heal their backslideings, & build up the walls of his Church, & make her a praise in the earth. But whether the Nobles & other inhabitants of the Land, shall think of these indignities & seek for a remedy, or couch under the burden, as ashamed once to desire to have the yoke shaken off, which they themselves, with so great delight & diligence, have fastened about their necks, with their own hand●…: Yet it doth well become the godly of the land, to be sensible of the great & grievous wrongs, which are done unto Christ, to his Church, & work; & to cry out continually & complean of these oppressions unto the Lord, who will hear the cry of the oppressed, & will be a refuge for them, & judge them that the man of the earth may no more oppress, when now he seeth that she is oppressed without cause: & to watch carefully that the continuance of the trial & oppression, wear not out the sense of these encroachments, & intolerable pressures lying upon the Church, & upon the consciences of the Lord's people: And that no deadness seize upon them, but that still the memory of the good old cause be fresh with them, pressing them daily to renew their earnest supplications; & to wrestle seriously with God, that he would be pleased in his own good time to break the yoke of the oppressor, & according to his promise Isa. 49: 25, 26. Take away the captives from the mighty, and deliver the prey from the terrible, and contend with them that contend with, his Church, save his children, and feed those that oppress them with their own flesh, and make them drunken with their own blood, as with sweet wine; That all flesh may kn●…w that ●…e the Lord is their saviour, ând their redeemer, the mighty one of jacob. He hath said that for the oppression of the poor and for the sighing of the needy, he will arise, and set him in saifty from him who puffeth as him, The words of the Lord are pure words, as silver tried in a furnace of earth purified seven times. Therefore his people are called to wait upon the Lord. The vision may yet be for an appointed time, but at the end, it will speak & not lie, though it tarry, they must wait for it, because it will surely come, & will not ta●…ry. His people are called now to mind duty, & to look what the time, the opportunity, & the dispensation under which they are, at present, calleth for; It is not good for them to be slacking their diligence, but rather they should wax strong in the Lord & in the power of his might. It is not good for them to faint & sit up now, as overcome with impatience, & hopeless despondency of spirit; but patience should have its perfect work. Be steadfast, therefore (dearly beloved) unmoveable, always abounding in the work of the Lord; Forasmuch as you know your labour is not in vain in the Lord. Now to him that is of power to establish you, to God only wise, be glory for ever, through Jesus Christ, AMEN. AD LECTOREM. SVb pedibus Lunan, Mulier, nunc calcat; amicta Sole; caput stellae, ceu diadema, tegunt. Conspicitur medio ut signum admirabile coelo; Fixa velut medio, petra decora, Salo. Saepius incerto varia est ut Cynthia vultu, Parte sui Semper, totaque Saepe latet. Fulgida jusliti e nuper quae sole, tenebris Mox velut infernis tecta, sepulta jacet. Firma licet Pe●… maneant fundamina, quassis Moenibus & 〈◊〉, contremit ipsa domus. Sidera lapsa polo, capiti diadema revulsum Sponsaque Tulvereâ squallida sorde sedet. Quisquis es haec totô qui non spectaveris orbe, Exhibet hîc scenam, Scotia moesta tibi. Scotia quam varios casus sit passa; procellis Quassa quibus, quantis, te docet ille liber: Prasulis hîc mitrae pondus. Regisque tiarae. Penditur, & Christi jura, bilance pari. Invadit Christi regnum cum principe praesul, Arrogat hic Regi, quod rogat ipse Sibi. Praesulis est Scotis relegandum nomen averno, Prora quibus praesul, puppis & una mali est. Hîc videas vicibus ternis quas infula strages Ediderit; praesul, Cerberus iste triceps. Pontisicum primus fuit impetus; iste retusus Evasit virgo, quae fuit ante lupa. Vistamen huic facta est vulpina fraude secunda, Restiterat zelô plebs, proceresque pio. Tertius horrisici est nunc impetus ille Leonis. Cernitur hic vulpes qui fuit ante Lupus: Bestia bis cecidit, bis cornua fracta revinxit. Tertia certa feram & vasta ruina manet. Courteous reader, ere thou read, amend these Errata as followeth. PAg. 4. l. 18. followers, pag. 6. l. 24. Scotos, p. 8. l. 9 ridiculous, ib. l. 34. be. p. 10. l. 34. he. p. 14. l. 6. first r. fifth. p. 16. l. 34: effect. p. 22. l. 30. dederent. p. 24. l. 30. effectual. p. 29. l. 36. of. p. 37. l. 22. this realm p. 42. l. 19 worthies, r. worthy nobles. p. 45. l. 36. of, r. for p. 59 l. 14. be, r: the. p. 64. l. 29. cheerfully. p. 67. l. 31. overcometh. pag. 73. lin. 5. specious, ibid. lin. 29. effects. pag. 78. lin. 20. there, r. their p. 80. l. 12. gentlemen, ib. l. 20. perceive. p. 85. l. 30. understood p, 88 l. 22. & 271. l. 26. this, r: his. p. 91. l. 23. & 132. l. 11. were, r. where. p. 109. l 13. scripture. p. 110. l. 21. & 202. l. 33. notion. p. 125. l, 21, together. p. 135. l. 33. decrees, r. doors. p. 137. l. 30. Sect. 22. p. 145. l. 25. r. 1572, p, 159. l. 31. they▪ r. them. p. 176. l. 27. belonging. p. 183. l. 5. essential. p. 186. l. 17, one r. once. p. 187. l. 28. guiltless 〈◊〉. 191. l. 11. 〈◊〉. p. 193. l. 22. taking. p. 207. l, 28. prohibition, ib l. 32. pastors. p. 224. l. 9 length. p. 225. l. 1. be believed. p. 239. l. 20. yielded. p. 248. l. 4. pastor. p. 260. l. 5. is, r. as. ib. l. 16. ever, r. over. p. 280. l. 31. wrestle. p. 289. l. 26. known. p. 293. l. 21. civis. p. 305, l. 5. ●…all, r. call. ib. l. 6. omce, r. come. p. 312. l 26. further. p. 322. l. 31. though. p. 331. l. 32. should. p. 349. l. 18. which. p. 350. l. 19 & I will p. 351. l. pe●…lt. how the Carthaginians. p. 362. l. 16. they r. their acts. p. 364. l. 25. it is, r. it's. p. 366. l 3. his, r. this. ib. l. 8. twice here r. her. p. 372. l. 34. way, r. may. p. 373. l. 30. his, r. is. p. 382. l. 9 his r. this p. 383 l. ●…3. made, r. make. p. 385. l. 8. the, r. he. p. 386. l. 22. country. p. 387. l. 22. & ib. l. 35 worldly. p. 404. l. 9 no, r. on. pag. 419. 〈◊〉. 10. ever, over. P. 126. l. 2. close the other parenthesis after, Agust 22. p. 304. l. 6. in ●…ome copies, r. & may be most free, Pag. 329. l. 21. & 330. l. 8. & 324. l. 25. & 353. l. 10. deal lib. 5. Others of lesser moment through a letter wanting, or redundant, or one for 〈◊〉, or through a comma, colon, or the like misplaced, or wanting, thou mayest correct a●… thoureadest. An▪ Apologetical Relation, Of the particular sufferings of faithful Ministers & Professors of the Church of Scotland, since Agust 1660. IT hath been the common lot of all the afflicted & persecuted people of God, in all ages to meet with sad & bitter reproaches, as a constant concomitant of their other sufferings: Satan thinking it for his advantage to add affliction to the afflicted, & to use his outmost endeavour to break them with one sad exercise, at the back of, or together with another, is not satisfied with stirring up sore persecution against them, but endeavoureth likways to load them with such reproaches & calumnies, as are able to break the heart of ingenuous & single hearted persons. And for this cause, the Lords people in all ages have been put to entreat that he would clear & vindicat them, & their actions from such foul aspersions, & make their innocency break forth as the noonday; & would direct them unto such ways & means, as might tend through his blessing, to their rational vindication before the world. Hence have proceeded the many Apologies & defences, which have been used of purpose, to clear to the world the true ground & cause of their sufferings, & to discover how groundless & unjust those reproaches & calumnies were, which men, whose hearts were full of wickedness, & tongues dipped in gall, had vented for this end alone, to render both them, & their just & righteous cause, odious to strangers. And at this time there may be just cause to fear that the malice of that old enemy is not asleep, & that he is leaving no mean un-essayed to make the suffering Church of Scotland & her cause odious, in the eyes of foreign protestant Churches, to the end she may not only miss & be disappointed of that Christian sympathy & fellow feeling which is expected of all the true membres of Christ's body, but also (which is far worse) be condemned, & through her sides, the cause & truth of God (which ought to be more pre●…ious to Christians then any thing else) be put to suffer, & by this means the great works of God, whereby he (convincingly even to enemies) did testify his approbation of the work of Reformation, begun, & carried on there, these years bygone, be called in question, & fathered upon the Devil, which would be the hieght of iniquity, being (or at least bordering upon) that unpardonable sin against the Holy Ghost, charged upon the Pharisees, Math. 12. But notwithstanding of all this travail which this old enemy & his indefatigable under-agents are or have been at, according to their custom, to get the prejudices against that Church, which they have laboured to beget in the minds of strangers, fomented, & so deeply rooted, as that there'shall be no place ●…or her, or any in her name, to publish to the world any Apology or defence, or a justification of her cause & ground of present suffering; It is expected that Christian Churches abroad, have reserved one ear open to Christ & his suffering followers & that a true representation of the present case & condition of that suffering Church, shall be heartily welcomed by them, whose ears have been hithertil filled with the clamorous outcry●…s of men who make no conscience of oaths, let be of words, & who have learned exactly that lesson Ca●…umniare audacter, semper aliquid h●…rebit, Heap up many slanders & vent them with boldness & audacity, & something will slick. Though there be no ground for any to think that nighbour protestant Churches have so far drunken in prejudices against that Church, or rec●…eived such an impression from the misreports & misrepresentations which her malicious adversaries have made, as that an attempt of this nature shall seem altogether useless: Yet this is certain that the most lively demonstration & representation of the present case & condition of that Church, that can be fallen upon, shall not hold forth unto strangers & foreigners such convincing light, & evidence of all matters there, as a few days being ear & eye-witnesses to all her present calamities, compared with the days of old, when the glory of the Lord appeared in the midst of her, would do. And therefore, though as to such who are indeed strangers unto the great things which the Lord hath wonderfully begun, & carried on, in that Church, small success can be expected, to follow such an enterprise; yet as to others whether Churches or persons (of whom it cannot be, but that there is a great number, who have both heard, & wondered at the works of the right-hand of the most High there, & have received much soul-refreshment from the report, wishing & earnestly supplicating for the like unto themselves, & longing for the day; wherein they might see the Lords arm streached out with the like Reformation & salvation unto other Churches about) this undertaking will have its own use & advantage. And, without all question, silence at such a time as this, might do much both to sadden the heart, & to stumble such as would be glad to hear of the steadfastness of the faithful followers of Christ in that land, for if there were none to open a mouth for her now, nor any to plead her cause, it might be thought that all had so far changed with the times, as to condemn their own former proceedings, & to entertain strange & unbeseeming thoughts of the wonderful works of the right-hand of the most High, wrought among them: & so become ashamed of their cause, & durst not adventure to speak in their own justification. therefore being confident 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 thereof in the midst of the years, & a best irring of himself for the carrying on of the same, until the copstone be put on, & thereby give such ane unanswerable Apology as shall be sufficient to stop the mouths of all adversaries, & to confirm his followers, & comfort the saddened hearts of his sufferers; This present piece of work was the more cheerfully undertaken, to the end (beside what use the present suffering members, of that church might make hereof for their own satisfaction encouragement & 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, & carried on by all the art of hell to the strengthening & confirming of their ill cause, may be undeceived, & rightly informed touching the truestate of affairs in that church. And to this end, it will be sufficient in the first place, to give a short & clear Historical relation of the troubles, which the former Prelates, which were in that church, did create unto her, both in their rising, & when they did come unto their hieght, & of the wonderful manner 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 excellent & desirable state that church is now fallen, as in a moment, & into what a condition of woe & lamentation, she is now plunged, all who are Christianly affected with the afflictions of Joseph, may be moved to compassionate her case, & to sympathise with her, & if they can do no more, be stirred up to mind that bleeding, swooning & almost expiring church of Scotland at the throne of grace. SECTION I. Showing how the church of Scotland was long governed without Prelates, & after what manner they did arise to their height there, without the Church's consent. IT is not unknown, that according to the testimony of Origen & Tertullian the Scots did embrace the faith amongst the first, & probably (as Buchan: showeth) they received it from some of John's disciples, who fled by reason of the persecution, caused by that bloody Domitian: so that about the year 203. which was the 4 year of King Donald the first, Christian Religion was publicly professed, the King himself, his Queen, & divers of the Nobles being solemnly baptised, after which he purposed to root out Heathenism out of the Kingdom, but was hindered by wars with the emperor Severus. There after about the year 277 King Cratilinth intended a Reformation, but was much hindered by the heathenish Priests, (called Druids from their sacrificing in groves under oaks, as some suppose) who by their subtle 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 & private 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 Cells; and this work continowed till about the year 360 & then did meet with a great interruption, by reason of civil wars, whereby the land was wasted, & all th●… Scots banished until 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 work. And this continowed until about the year 452, when Palladius being sent into Britain by Pope Celestin, came into Scotland, who by his subtle insinuation●… did gain so much upon the simple people, as that in a short time, he moved them to consent unto a change of the government of the church, into Prelacy, & himself became the Arch prelate: But before this Palladius came; Scotland never saw a Prelate, if our ancient Historiographers be to be believed, such as Balcus in his History of the Britons, etc. cent. 14. cap 6. saying [Ante palladium Scoti etc. before 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 custom of those of Asia, but those things did not please the Romans. Beda in his History of England Lib. 1. who sayeth [Palladiu●… ad Scotos etc. i. e. Palladius was sent unto the Scots, who believed in Christ, by Celestin the Pope of Rome, as their first Bishop] Prosper in his Chron, ad An. 436 saying [Add Scotos etc. i e. unto the Scots then believing in Christ, Palladius is ordained by Pope Celestin, & sent thither the first Bishop] john Fordon in his Scottish Chronic. lib. 3. c. 8. saying [Ante Palladis adventum etc. i. e▪ before the coming of Palladius, the Scots had for teachers of the faith, & ministers of the Sacraments, presbyters only or Monks, following the customs of the primitive church] johannes Major speaking of the same Palladius who sayeth [per sacerdotes & monaches etc. 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 etc. i. e. to that very time [speaking of Palladius coming, into Scotland & changing the government) the churches were ruled by monks without Bishops. It is true Spotiswood, in his late History, would make the world believe that in the days of the Culdees there was no government in the Church of Scotland but Prelatical; because Boetius sayeth that [those priests or Culdees, were wont, for their better government, to elect some out of their number, by common suffrage, to be chief & principal 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 enough to blast the reputation & weaken the credit of that Renowned Historian, he sayeth p. 7. of his History [what warrant he (i. e. Buchan:) had to write so, I know not, except he did build upon that which johannes 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 government, 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, seeing, long after those times, it was not permitted to monks to meddle with the matters 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 forsworn Prelate speaking in his own cause will have less weight with every rational man, than the Testimony of so many famous & eminent Historiographers, known through the world. 2. All the Prelate's, logic will not conclude from these words of Boetius that there was Episcopal government among the Culdees, if Boetius himself may be heard, whom all are bound to believe better than this Prelate, who reasoneth according to his skill for he lib. 7. c. 28. sayeth [erat Palladius primus omnium etc. 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 Episcopal Power, or exercised a magistratical domineering power in Church matters. 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 perceive who had no will to open his Eyes? 4. As this Archprelat doth wrong his own credit as an Historian, when without warrant he contradicteth so many famous Historians; so doth he discover much weakness in reasoning; for to say that the monks did not govern the Church before Palladius landed in Scotland, because after Palladius came, they were put out of all account & 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 before the year 1661. because after Bishops got all the power into their hands, the Ministers had no power of government in the Church. Much more might be said here against the reasoning of this late Historian, were it sit 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 several 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 lie until about the year 1494. About which time the Lord began to visit that poor Church with his salvation & to cause some light of the Gospel to break up in several places of the land: but no sooner did the light appear, but as soon did those Antichristian Prelates & 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 processed the true Religion, until about the year 1550. when, notwithstanding of all this rage & cruelty of the Beast, & his followers, the knowledge of the truth did spread through the land, & a farther work of Reformation, began to he carried 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 usual manner 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 endeavouring, by all means possible, to keep up the Idolatry of Rome, & to suppress 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 Parliament which did conveen that year, in which Confession all the Popish errors were renounced, & after, it was exhibited to the Parliament & there read, & when it was read, the Prelates who were there present had not one word to speak against it, which when the Earl of Martial did perceive 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 think 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 received & approved, as the heads of the Confession of faith professed in parliament of before in the year of God 1560.] At this Parliament there are several acts made against popery, as against the Mass, & against the Pope's authority & jurisdiction: for such as were for the Reformation, or the Congregation (as they were then called) did supplicate that they would condemn the Antichristian doctrine, & would restore the Discipline of the ancient Church, & discharge the pope's 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 Realm in any time coming and that no Bishop or other prelate of the Realm use any jurisdiction in time coming by the said Bishop of Rome's authority under the pain, etc.] which was afterwards ratified by several acts in the days of King James. And thus by act of Parliament the Reformed Religion is established, the church government by Prelates is virtually discharged; because Prelates than 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 & government were still retained, & upon this, the great council giveth a charge dated April 29, 1560. requiring & commanding them in the name of the Eternal God, & as they would answer in his presence, to commit to writing, & in a book deliver their judgements touching the Reformation of Religion which heretofore in this Realm [as in others] hath been utterly corrupted. According unto which charge▪ the first Book of Discipline, as it was called, (in which book the government of the church by Prelates is overturned, church Sessions are established, the way of Election & trial of Ministers, contrary to the Episcopal way, is apppointed, & several other things, tending to the right governing of the church, are determined) is drawn up & presented to the conncell May 20. 1560. Whereupon there is an act of council to this effect [We who have subscribed these presents, having advised with the Articles therein specified, as is above mentioned, from the beginning of this book, think the same good & conform to God●… word in all points, conform to the notes & additions here to eeked: & promise to set the samme forward to the uttermost of our Power, providing that the Bishops, Abbots, Priors, & other Prelates & Beneficed men, who else have adjoined 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 Prelates, that he sayeth pag. 174. [it was framed by john Knox partly in imitation of the Reformed Churches of Germany, & partly of that which he had seen at Geneva] nather of which Churches did favour Prelates. It is true the late Historian the Archprelate would make the world believe 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 john Knox, & famous Knox first nor last was never a friend to prelates 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 prelates. 3. He sayeth [it was no better nor a dream & so could never take effect,] but had it been an establishing of Prelacy, it had been no dream in his account, and he would have said, that it had taken effect. 4. He willed & wished that john Knox had retained the old Policy, & so this book contained a policy distinct from the old policy, & a Policy 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, & therefore 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 Pope's 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 rational man to think that these Reformers were so inconsiderate, as●… to set up Prelates with the one hand, when they were doing what lay in their power to pull them down with the other. It was not popish Prelates alone, which they were labouring to turn out of the Church of Christ, for, when some of those who had been popish Prelates 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 obtain 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 Dedicatory that [the former Bishops who joined with the Reformers keeped still their full power & jurisdiction] bewrayeth his impudence & falsehood. His words in his Epistle are these. [Et prasulibus pristi●…s, modo ●…idei orthodoxa non restitissent, nec adempt●… dignitas, nec imminuta fuisset jurisdictio, quod ita liquet, ut hoc vel in●…iciari sit n●…gare Solem in ipsa meridie lucere] & in the book he sayeth [quotquot autem a puriore cultu non ab●…orrebant, ●…is j●… utendi, fruendi Episcopatuum fructibus & privilegiis omnibus, jurisdictio etiam, quam ante usurpabant, quat●…nus Religionis incolum●…t as pateretur, continuata.] This is the height of impudence, thus to avow palpable untruths; & 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 falsehood, he durst say no more but that these Bishops enjoyed the rents of their benefices. See pag. 175. Moreover 4. The book of Discipline itself giveth the clear ground of their appointing of these Superintendents, in these words, [We consider that if the Ministers, whom God hath ●…ndued with his singular graces among us, should be appointed to several places, there to make their continual residence, that then the greatest part of the Realm should be destitute of all doctrine, which should not only be the occasion of great murmur, but also be dangerous to the salvation of many, and therefore we have thought it expedient at this time— by this means the simple and ignorant, who perchance have never heard of jesus truly preached, shall come to some knowledge, and many that are dead in superstition, and ignorance shall attain 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 therefore we desire nothing more earnestly, then that Christ jesus be once universally preached throughout the Realm: etc.] From whence it appeareth that these Superintendents were only chosen for that present exigent, when there were so few learned & able Ministers, & so many places of the country destitute of Ministers; so that the harvest was great, & the labourers very few: Superstition & popery was remaining in many places of the country, & people were in hazard to continow therein, having either no Minister to clear the truth to them, or such only who were ready to harden them in their superstitious courses. & therefore there was a necessity, at that time, while the Church was but in si●…ri that some of the most able of the Ministry, should be appointed, to travel through such & such places of the country, to preach the Gospel, & to see to the planting of faithful & able Ministers, according to the rules set 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 work was extraordinary, so they gave them an extraordinary name: They would not suffer any who had been Bishops before in time of popery, to enjoy the place & power of a Superintendent, lest the power & place might be abused, & at length degenerate unto the old power of Prelates; but even in those bounds, where such lived, did appoint others to Superintend, as Mr Pont in Galloway. They would not divide the bounds of those Superintendents according to the Prelates Dioceses, but after another manner. They divided the land into ten parts, having respect to the edification & advantage of the poor people. These Superintendents were chosen by the consent of the whole bounds, which they were to visit. They were not consecrated, but only set apart to that work by preaching & prayer, as is to be seen in the order prefixed to the old Psalme-books. They were tried & examined by the Ministers of these bounds. They had other Ministers conjunct with them, when they ordained any. Nather had they sole power of Excommunication, for Reformed Churches had power by the Book of Discipline to excommunicate the contumacious: & the tractate of Excommunication prefixed to some old Psalme-books showeth that they might do it without the advyce of the Superintendent. They were subject to the censure of the Ministers & Elders of the Province, who might depose them in some cases. Their main work was preaching, for they were to preach at the least thrice every week. They had their own particular flocks beside, with which they stayed always, save when they were visiting the bounds committed unt●… them. They might not try any Minister their alone, but we●… commanded to have the nearest reformed Church, & oth●… learned men conjunct, by an act of the fourth national Assembly An. 1562. They might not transport a Minister without the consent of the Synod, as is elear by act fourth of the f●… national Assembly 1562. They might not discuss any important question their alone, as is clear by act first of the ninth national Synod, An. 1564. All were at liberty to appeal from them to the national Synod, as is clear by act fifth Assembly sixth. They were to be subject to the Assembly, as is clear by th●… fourth Assembly an. 1562. They never did Moderate in General Assemblies, unless they had been chosen by votes. Who can be so foolish then, as to believe Mr. Spotiswood? saying in his H●…story pag. 258. that [the power of Superintendents was Episcopal, for they did elect & ordain Ministers, they did praeside in Synod●…, and direct all Church censures, nather was any excommunication pronounced without their warrant] seeing the public acts of the national Assemblies are of more credit than this prelate, who knew as little what it was to be a faithful Historian, as he knew what it was to be an accurate Logician. Beside that An. 1562 at the national Assembly, there were some Ministers chosen to assist the five Superintendents (for no more could be gotten settled for want of maintenance) & had equal power with them, & were commanded to give account of their diligence unto every national Synod, & there to lay down their office: And Mr. Spotiswood hath not the face to say that these Commissioners had Episcopal power, & yet their power was equal with the power of Superintendents. When thus the Church had shaken off (so far as lay in her power) the yoke of Prelacy, she beginneth to exerce that power which Christ had given to her, & that same year 1560. there is a national Assembly keeped, which did make several Canons concerning the ordering the affairs of the church, and yearly there after once or oftener prore nata▪ according to, & by virtue of her intrinsic power, she did keep her Courts, notwithstanding that in the mean time the Queen & the court were but small friends to the Protestant cause. Anno 1564 the national Assembly did send some Commissioners to the Queen to desire among other things [that ●…o Bishopric etc. having more Churches than one annexed there unto should be disponed in time coming to any one man, but that the Churches thereof being dissolved should be provided to several persons, so as every man having charge, may serve at his own Church, according to his vocation.] Anno 1566 at the eleventh national Assembly the second Helvetian Confession of Faith was presented, & approven in all points (except in the particular concerning festival days) by which Confession prelacy is accounted ane humane devyce, & no ordinance of Christ. But Satan, envying the fair beginnings of this Infant Church, stirred up some of the Statesmen against her, who, having possession of Church rents, & Prelates Benefices, & fearing to lose the same, did therefore devise a way for establishing themselves in the possession of those Church rents, by getting in some Tulchan Bishops, (as they were called) who might have the name of the whole Benefice, but rest contented with a small part to themselves, leaving the rest in the hands of these Nobles, and accordingly the Earl of Morton stirred up the Earl of Marr then Viceroy, to convocate an Assembly at Leith, by the means of the Superintendent of Angus: who when they did meet Jan. 12. 1571 did nominate six of their number to meet with six apppointed by the council, & these twelve did condescend to several things tending to the setting up of Prelates. And according to these resolutions the Earl of Morton getteth one Mr. Douglas made Bishop of Saintandrews. Mr. Boyd of Glasgow, Mr. Paton of Dunkel, & Mr. Grahame of Dumblaine. This was a very sad stroke, but God did not leave that poor church in that case, for within two months thereafter A national Assembly did meet who finding that these resolutions gave such offence, did appoint some of their number to examine the same: but the acts of this Assembly were there after taken out of the Registers. And in August. 1572. at the national Assembly there was a Protestation made against these invovations, 〈◊〉 [that whatever condescension should be yielded unto, should be only for the Interim, till a more perfect order might be obtained] So at the Assembly in Aug. 1573. it was decreed that [Bishops should have no more power than the superintendents, had] Mr Paton of Dunkell is accused for taking more, & Mr Gordon of Galloway is condemned. And in the nixt Assembly it is concluded that every Bishop should be subject to the Assembly, & should confer no Benefice without the advyce of three Ministers. Spotiswood the false Historian thought, that, because of his silence, the world should never have gotten notice of this, which these Assemblies did, of purpose to heme in the power of these prelates, whom the Court was setting up, with such violence, at such a time, when they could do no more. At length the day breaketh up clearer, & about the year 1575. the Lord stirreth up his servants, & putteth spirit & courage in them, so that in the Assembly it was debated whether these new Bishops, Superintendents, & Commissioners were a honour or a burden to the Church. Mr john Dury protested that they should do nothing in prejudice of what he, & many other brethren had to object against their office. Mr james La●…son did seconde this, & moved the debate touching the lawfulness of the office itself. Mr Andro Melvin affirmed, [that none ought to be officebearers in the Church, whose titles were not found in the Book of God, and for the title of Bishop, albeit the same was found in scripture, yet was it not to be taken in the sense, that the common sort did conceive, there being no superiority allowed by Christ amongst Ministers, he being the only Lord of his Church, and all the same servants, in the same degree, having the like power] These beginnings, the Lord was pleased so to seconde with his blessing, that when it was moved by the Regent, whether they would Stand unto the Policy agreed upon at Leith, or settle some other form of government: It was resolved that a constant form of Church policy should be set down, & for this ●…ffect, they nominate twenty of their number to meet at several times, & places, for the drawing the Model thereof. And accordingly after some pains the second Book of Discipline is finished, & Anno 1577. at the General Assembly. Sess. 13. approven in all points, except that touching Deacons; which was referred to farther debate but Anno 1578. that head with the rest was approven by the unanimous consent of all, though Spotiswood will not let the world know so much. When this Second Book of discipline is thus appoven, by the national Assembly, after prayer & fasting they appoint some of their number to exhibit it to his Maj. to the end he might add his approbation thereunto: Unto whom the King (being then about 13. years of age) did promise [that he would be a proctor unto the Church] & caused some of his Counselors confer with those Ministers upon that business, (the heads of which conference were once insert in the Registers of the Assembly, but Anno 1584. when the Court had power of the Registers, those leaves were taken a way, & seen no more, as shall be cleared hereafter) and again Anno 1579. the King wrote unto the national Assembly desiring [a farther consultation upon the heads, on which his Commissioners and their delegates did not accord the last year, to the end that when all the particulars are fully agreed upon, they might be approven in the ensueing Parliament] & in the mean time the Assemblies are going on, prohibiting any more bishops to be chosen, & ordaining such as were chosen, to submit themselves to the determination of the General Assembly, under the pain of Excommunication, & accordingly some then, & all of them afterward, did submit. So Anno 1580. they ordained that all who were called bishops should dimit simpliciter, because that office had no warrant in the word, & they ordained Provincial Synods to call before them such bishops, as lived in their bounds, & ordain them to give obedience to this act. His Majesty's Commissioners who were present at this Assembly of Dundy did concur with this Assembly, in appointing some of their number to consult about the Model of the Presbiteries. In this same year in the month of March (for as yet the new year did not begin until the 25. of march) is the national Covenant solemnly taken by the King, his Council, & Court, & afterwards by the inhabitants of the Kingdom, in which covenant prelacy, under the name of Romish Hierarchy was abjured, as shall be cleared in due time, & the Doctrine & Discipline of the Church was sworn to be defended. Anno 1581. in april at Glasgow the General Assembly did insert the book of Discipline in their Registers, & did show how the act touching Bishops made at Dundee, Anno 1580. did condemn the estate of Bishops as they were then in Scotland. Unto this Assembly his Maj: Commissioner, William 〈◊〉 of Caprintoun presented the Confession of faith subscribed by the King & his household, as also a plot of the presbiteries to be erected, mentioning their meeting places, & appointing the several parishes, which should belong to such & such presbiteries with a letter to the Noblemen & Gentlemen of the country for their concurrence for the erection of presbiteries, & dissolution of Prelacies, & in his Maj: name he promised that his Maj: would set forward the policy, until it were established by Parliament, & thus presbyteries began to be erected throughout the Kingdom. This was a sweet sunshine, but it was followed with a very sad shower for when Amate Stuart of Aubignee, afterward Duke of Lennox, obtaineth by the death of the Earl of Mortoun, who was executed, & the banishment of the Earl of Angus, the superiority of Glasgow, & other things, to secure the same to him & his posterity, he aggregeth with Mr. Robert Montgomery Minister at Sterlin, to accept of the bishopric, & to dispone to him all which belonged to that bishopric, for the yearly payment of one thousand pound Scots, & some horse-corne, & poultry, which when the Church heareth, he is summoned before the Assembly at St. Andrews, & commanded to leave the bishopric, under the pain of Excommunication, & the Presbytery of Sterlin is appointed to take notice of his carriage in doctrine & discipline, for they had found him guilty in 14 or 15 points; but he went on, & notwithstanding the presbytery had suspended him from the exercise of the Ministry, he procured an order unto the presbytery of Glasgow, to receive him as their Bishop, under the pain of banishment, & with a company of armed soldiers entered the Church, & pulled Mr. David Weems out of the pulpit, & being summoned to compear before the Synod of Lothian, the King causeth summoned all the Synod to compear before him at Sterlin the 12 of april. Mr. Pont & some others compeared in name of the rest, & protested [that albeit they had compeared to testify their obedience to his Mat. yet they did not acknowledge him or his council judges in that mater, which was an Ecclesiastic cause, & that nothing done at that time should prejudge the liberties of the Church] But the Council rejected the protestation, & discharged them to proceed any further. And shortly thereafter, when the General Assembly is examining his process, the King sendeth a letter to them, discharging them to proceed any further, & when they went on notwithstanding, they are charged by a Messenger of arms to desist under the pain of Rebellion, but they thinking it better to obey God, then man. ordained Mr. Montgomerie to compeer before them the next day, who compeered not, only a Proctor in his name appealed unto the King. The Assembly did reject the appellation, & proceed to examine the libel given in against him, & finding him guilty of many heinous crimes, they ordain him to be deposed & excommunicated, but ere the sentence be pronounced, they appoint some of their number, to acquaint his Maj. with their whole procedure: And ere long Mr. Montgomery submitteth, passeth from his appellation, acknowledgeth his faults, & professeth repentance, with such solemn obtestations, as affected the whole Assembly. Upon this the sentence is delayed, & the presbytery of Glasgow is appointed to advertise the provincial Synod of Lothian (who were ordained to excommunicate him) in case he relapsed: And as they feared, so he returned to his vomit, & with violence intended to enter the pulpit, & when the presbytery, according to the appointment of the General Assembly, were beginning a process against him, the Laird of Minto provost of the Town, presented a warrant from his Maj. to stay the process. & when they were going on, he pulleth forth Mr. john Howeson minister at Cambuslang Moderator, & imprisoned him in the Tolbooth. But for all this Mr. Montgomery is excommunicated by Mr. john Davidson, & the same was intimated in all the Churches. The council declareth the sentence null, against this the Ministers of Edinburgh give open testimonies in their preaching, & for this cause they are commanded to remove out of the Town, within the space of twenty four hours. At this time there was an Assembly sitting at Edinburgh who send some of their number with a supplication to his Majesty wherein they show, [That indeed he was the Head of the Commonwealth, but only a member of the Church, & as a ch●…f member he should have the chief care thereof, but now it was not so, th●…r decrees are res●…inded, they are forced by his servants, Ministers are draw●…e out of pulpits; that he was playing the pope, & usurping both the swords] and when they come & present it unto the Council the Earl of Arran cryeth out, if there were any that durst subscribe the same where upon Mr. Andro Melvin answereth, we dare & taking a pen out of the clerks hand, sayeth to his brethren who were commissionated with him, comeforward, & so he & they did subscribe the same. This storm is not yet blown over, for the next year 1583. Mr. Andro Melvin is summoned before the Council, for saying in his preaching, [That ministers should present to princes the example of their predecessors, as Daniel did the exemple of Nebuchadn●…zar to Belteshar: But now if any should hold forth what evil King James the third got by a company of flatterers, it would be presently said that he had gone from his text, & must be accused of treason.] But when he compeareth, he declineth their judgement, aff●…ming that what was spoken in pulpit ought first to be tried by the presbytery, & that they could not in primâ instantià meddle therewith: But they proceed, & though they could get nothing proven, for his declining, he is commanded to the Castle of Edinburgh, & then to Blackness, but being advertised of his danger by his friends he retireth unto Berwick. Ann●… 1584. the storm groweth to a height, for in May there is a parliament suddenly, convened which dischargeth all Church judicatories, giveth the King power over all causes civil and ecclesiastic, & dischargeth all declining of the King & his Council in any mater, civil or ecclesiastic, under the pain of treason, & also all Ministers to meddle in sermons with the affairs of his Highness & his Estate, see act 129, 130, 131, & 134. of the 8. parl. of King James sixth, when Mr David Lindsay Minister at Leith was sent by his br●…thren to intreat●…the King to pa●…e no act in prejudice of the Church, he is committed to Blackness & there detained prisoner 47. weeks. And Mrs Andro Polwart, Patrick Galloway, & james Carmichel, are denounced rebels, & are forced to flee into England: So are the Ministers of Edinburgh forced to retire, leaving an Apology behind them. But for all this when the acts of this Parliament were publishing, Mr Robert Pont protested, taking Instruments, that the Church should not be obliged to yield obedience thereunto, & being denounced rebel he fleth into England. Now is Mr Montgomery established Bishop of Glasgow, & one Mr Adamson (as naughty & vicious as any) is settled in Saint Andrews, & no sooner get they up their head, but as soon they execute their tyranny, & rage against the rest of the Ministry, compelling them to promise obedience to them, as their ordinaries, under the pain of banishment, confinement, imprisonment, deposition, & sequestration of their stipends: Whereupon many, in this day of trial, did faint & subscribe, thinking it a sufficient salvo to add (according to the Word of God) but afterward mourned for it. Now none durst pray for the Ministers who had fled, under the pain of treason, so dark a day was this. But near the end of the next year, there is a change as Court, & the Ministers return, a Parliament is called at Lithgow, but nothing is done in favours o●… the Church. At length 1586. the King was desirous to have some settling in the Church, & appointeth a Conference in February at Haly●…od house, where some articles were drawn up, & referred to the General Assembly. As 1. That the Bishop should have a care of one flock. 2. That some Ministers should be added to him, without whose counsel he should do nothing. 3. His doctrine should be examined by the meeting. 4. His power should be of Order & not of Jurisdiction. 5. Beside his own Church, he might have the inspection of more. when the Assembly meeteth in May, they could not assent to all these articles, yet at length, seeing they could not have all which they desired, they accord to this, that both Bishops, and Commissioners should be subject to the trial of the General Assembly, & that, where they did reside, they should moderate provincial Synods & Presbyteries, & in the mean time the order of the Presbyteries was set down, & they proceed to examine the process of Mr Adamson, who had declined the provincial Synod of St Andrews, & he submitteth. And the next year Anno 1587. Mr Montgomery resigned his place, & so was absolved from the sentence of Excommunication by the Assembly. When the Parliament doth conveen this year Anno 1587. there are some Prelates who would sit there in name of the Church: but when the Church perceived this, Mrs David Lindsay & Robert Pont were sent to desire, that they might be removed as having no authority from the Church, & the most of them no function in it at all. The prelates finding themselves now in a staggering condition, thought it was their best to ingratiate themselves in his Majesty's favour, & thereby secure themselves in their places, & therefore condescended unto the Act of Annexation of all the Temporalites of benefices unto the Crown, which was a dilapidating of the Church rends. It is true Spotiswood putteth another face upon this business in his History, but the man could change with the times, & speak another thing in his English History, than he durst speak in his Latin refutation, for there he sayeth: [In summâ Ecclesiasticorum persidià, proximis Comit●…is Anno 1587. transacta, & decreto ordinum actibus intervenientibus insinuata. Nam Episcopi durissima quaeque à fratr●…bus passi, non aliud perfugium ha●…bant, quam ut A●…licorum libid●…i se deder●…nt,] he sayeth, The Bishops were so hard put to it, that they had no other refuge, but thus to satisfy the Court, & give away their revenues to their lusts. Anno 1590. The General Assembly doth abrogate the power of Commissioners, & devolveth the work on Presbyt●…ries. Anno 1591. The Recantation of Mr Patrick Adamson is presented unto the Assembly, where, among other things, he confessed he had e●…red, in thinking, the government of the Church was like other civil governements, & in labouring to have the Church in matters Ecclesiastic, subject to the King's laws: And with all he confesseth that the Earl of Arran had a mind to have burnt the Registers of the Assembly Anno 1584. & that at Falkland before they were delivered to his Maj. a Bishop & Mr Henry Hamilton took out some leaves, which spoke against the Government by Bishops, & that he had consented thereunto. Anno 1592. in May the General Assembly doth meet, & resolveth on some propo●…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 ra●…isied. 3. That the Act of Annexation be repealed, and 4. That the Abbots, P●…iors, & other Prelates, bearing the titles of Churchmen, & 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, General, provincial, and presbiteriall Assemblies, & Church Session●…: & the Ju●…sdiction & Discipline thero [●…s declared to be just, good, & godly in itself, in all time coming, not ●…anding of whatsoever s●…atutes, acts, canons, ●…vilier municip●…ll laws made in the contrare] All acts fomerly made for establishing the Pope's authority, are abolished. It is likeways declared that the 129. act Anno 1584. anent the King's Supremacy, & against declining of the King & his Council in Church matters [shall be no ways prejud●…iall, nor der●…gate any thing, to the previledge that God hath given to the s●…rituall office-bearers in the k●…k, concerning heads of Religion, matters of heresy, Excommunication collation, or deprivation of Ministers, or any such like 〈◊〉 ●…all censures, specially grounded, & having warrant of the word of God] Item they abrogate & annul that act of parl. 1584. which did [grant Commission to Bishops, & other judges constitute i●… Ecclesiasticaell causes, to receive his Highness presentations to benefices, to give collation there upon, & to put order to all causes Ecclesiastical] And they ordain [that all presentations to Benefices be directed to the particular Presbiteries in all time coming, with full power to give Collation thereupon, & to put order to all matters & causes Ecclesiastical within their bounds, according to the Discipline of the Kirk. Thus did the Lord carry 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 rends, the sweet morsel which they desired always to enjoy: & now is the Chur●…h there become a shineing Church, being reform both in Doctrine & in Discipline now is she become a pleasant vineyaird well dressed, & hedged about, & defended from the wild boars of the forest. King james himself was convinced of this, when he gave this reason to an English divine why that Church was not troubled with heresy viz [because if it spring up in a parish, there is an Eldership there to take notice of it, & suppress it; if it be too strong for them the psesbitery is ready to crush it; if the presbytery cannot provide against the obstinate heshall find moe witty he adds in the Synod; if he be not convinced there, the General Assembly will not spare him] yea seldom or never did any error trouble all those Courts, for usually it was crushed by presbiteries, except what some Bishops did maintain. And thus that Church was indeed as an army with banners, & terrible to the adversaries of the truth. Then were there endeavours to have a through work of Reformation carried on; the iniquities of the land were searched out, corruptions in Ministers, & other ranks of people were taken notice of, effectual courses were laid down for preventing such abuses in time coming. Public Fasts were indicted & keeped whole eight days together. And thus [the Lord created upon every dwelling place of Mount Zion, & upon her Assemblies, a cloud & smoke by day, & the shineing of a flaming fire by night, for upon all the glory was a defence], Isai. 4. 5. But this fair Summer Suneshine did not long last. The infinitely wise God saw it sit to bring that Church unto a wilderness again, & to cause her meet with a dark, dreadful, & long lasting winter night. Satan stirreth up Papists upon the one hand, who saw that if this hedge, of discipline were keeped up, they could not enjoy the liberty & peace they desired; & profane politicians & Courteours upon the other hand, who saw that by this Discipline their licentiousness would be kerbed, to bestir themselves against this established discipline: And accordingly they use their power with the King, & at length prevail to get him to oppose the discipline, & to prosecute that design piece & piece till at length Prelates were established in all their power, as the following discourse will clearly evince. When Anno 1596. the Popish Lords who had conspired with Spain against the country, 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 Presbytery should concur with the Presbytery of Edinburgh 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 daily more & more upon her liberties. For Mr D. Black minister at St Andr. is cited before the Council for some alleged expressions in his sermon. The ministry, seeing that the spiritual Government of the house of God was intended to be quite subverted, thought it best that he give in a Declinatour & there in show [that though he was able to defend all that he spoke; yet seeing 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 matters merely spiritual; he was constrained to decline that judicatory. 1. because the Lord Jesus had given to him his word for a Rule, & so he could not fall under any civil law, but in so far as he should be found, after trial, to have passed from his Instructions, which trial belongeth only to the prophets. 2. The liberty of the Church and Discipline presently exercised was confirmed by divers acts of Parliament,: and the office-bearers were now in peaceable Possession thereof] And this he did, and a Copy hereof was sent through the Presbiteries, to see if they would own the same, and in testimony of their cheerful & hearty owning thereof, it was subscribed by three or four hundereth Ministers. This displeased the King so, that he by open proclamation commanded the Commissioners of the Church to depart out of Edinburgh within twenty fowr hours, under the pain of rebellion: but notwithstanding of this, they resolve to stay, & to see that the Church privileges should not be wronged, & send some of their number to speak to his M●…j. unto whom he answered, that if Mr. Black would pass from his Declinature, or if they would declare that the Declinature was not a general, but only a particular one, used in Mr. Blacks case alone, as being a cause of slander, & pertaining to the judgement of the Church, he would pass from the pursuit of Mr. Black, But, after consultation, the Commissioners resolved to adhere unto the Declinature, unless his Maj. would pass from the process, & remit the same unto the Church Judicatory, & would make an act of Council, declareing that no minister should be charged for his preaching, etc. Whereupon the King charged the Commissioners of new to depart, & caused cite Mr. Black unto the last of November, & withal dischargeth all Barons, Gentlemen & others to meet with ministers in their Church assemblies; without his licence. When the day of Mr Blacks compearance cometh, the Commissioners present a supplication, desiring them to remit the question unto the Judge competent, but the Council goeth on, & therefore they protest that the process in hand, & whatsoever followed thereupon should not prejudge the liberty of the Church, in matters of Doctrine. Afterward the King sendeth unto the Commissioners, showing he would be content with Mr. Blacks simple declaration of the truth. But worthy Mr. Bruce answered [That if the mater did touch Mr Black alone, they were content: but the liberty of Christ's Kingdom had received such a wound by the Proclamations published the last Saturday, & that day by the usurpation of the Council; that if Mr Blacks life, & the life of twenty others had been taken, it had not grieved the hearts of the godly so much— & that either these things behoved to be retreated, or they would oppose so long as they had breath.] Then the King condescended to publish by a Declaration, that he would not diminish any lawful power or liberty, which they or their Assemblies had, either by the Word of God, or laws of the land, & that the proclamation discharging Barons & others to meet with ministers was only meaned, of their meeting in arms, & that the Interloqu●…tor of the Council should not be used against Mr Black or any other minister, until a lawful General Assembly, providing that Mr Black would declare in his presence the truth of the points libelled before some ministers. But afternoon the King's mind was found changed, & because Mr Black would not acknowledge an offence, he is condemned by the Council, & his punishment is remitted to the King, & till his pleasure were known, he is confined. Then there is a bond devised to be subscribed by all the ministers, under the pain of the lose of their stipends. The tenor whereof followeth. We the Pastors, & ministers of God's word undersubscribing humbly acknowledging our duty to God, & obedience to the King our Sovereign Lord, whom for conscience cause, we ought to obey; Confess that his Grace is sovereign Judge to us, & each one of us in all causes of sedition, & treason, & other criminal & civil matters, & to all our speeches, which may import the said's crimes. albeit uttered by any of us publicly in the pulpits (which God forbid) or in any other place, & that the said pulpits, nor any other place whatsoever, hath not that privilege & immunity to be occasion or pretence to any of us, of declining of his Maj? judgement, in any of the said's civil or criminal causes, intended against us, in any time coming: but rather that our offence is the greater, incase (which God forbid) any of us commit such crimes, in the said's pulpits, before the people where the word of God's truth & salvation should be preached by us to our flocks. In witness whereof, & of the humble acknowledgement of our duty in the premises, we have subscribed these presents with our hands, & are content that the famine be registrat in the books of secret Council in futuram rei memoriam. But faithful ministers refused upon all hazards to subscribe the same, seeing that it was a crossing of their Declinatour, contrary to the acts of the General Assembly, & to the acts of Parliament, made in favours of the Church; yea & to the word of God, because by this bond they should have acknowledged the King to be both supreme & only Judge over ministers in all causes, & so to have power of Judging; & deposing them, yea & of judging & trying their preaching, if it be but coloured with treason & sedition; & of schism in the Church which is sedition: and seeing thereby they should be bound up from faithful dealing in the name of the Lord; & because they saw it was devised of purpose as a snare to their consciences. After this Anno 1596. the king driveth on his design, & indicteth an Assembly at perth, & formeth 55 problems, by which the Discipline of the Church, formerly established, was questioned, to be there debatéd (these problems with the following History at more length are to be seen in the History penned by Reverend & laborious Mr Petry, & therefore a short relation shall suffice here) & being persuaded by his Courtiers, that he should never gain his purpose, till first he took some course to break the Union of the Church, he prevaileth with Mr Patrick Galloway & Mr james Nicolson, who had been chief, a little before, in advising Mr Black to decline, & causeth Sir Patrick Murray deal with the ministers of the North to subscribe the bond, & to choose such & such persons to the meeting at Perth: and when the time of meeting cometh, these Commissioners from the North were seen going in companies to the king, & Mr Nicolson was with the king till midnight. They were for all this; two days in debating whether they were a lawful General Assembly; but honest men protested against it. The meeting at length condiscendeth to these particulars. 1. That no minister should reprove his majesty's laws, acts, or ordinances, until such time, as first he had, by advyce of Presbytery, Synod, or Assembly, complained or sought remedy of the same. 2. That none should be named in pulpit, except the fault were notour by the persons being fugitive, convicted by ane Assize, Excommunicated, contumacious after citation or lawful admonition: and none should be vively described, except by public vices always damnable, 3. That there should be no summary Excommunication, until the next General assembly. 4. That there should be no meetings among ministers, except in Church judicatories: and afterward they appoint fourteen of their number to reason upon the rest of the questions. The next year Anno 1597. there is another Assembly at Dundee which being corrupted, doth grant 1. That Ministers in their exercises at Presbyteries should make no application of doctrine. 2. That Presbyteries should meddle with nothing, but what, without all question, is Ecclesiastical. 3. That summare Excommunication be suspended, & 4. That Presbyteries should desist upon his Majesty's desire. Also at the kings desire they choose fourteen of their number, giving power to them, or any seven of them to advise with his Maj. about a way of settling stipends unto ministers, to provide ministers to eminent places of the Country, to present petitions & grievances of the Church to his Maj. & to give his Maj. advice in matters serving for the good of the Church. These pretexts seemed plausible to many, but the event will show what was really intended: For ere long these Commissioners, as they were called, encroach upon the power of Presbyteries, & Synods, & whether the Presbytery of Saint Andrews would or not, did put both Mr Wallace & Mr Black from the Church of Saint Andrews, & put in one Mr George Gladstons, & then at their own hand, they did supplicat the Parliament, which conveened in December. That ministers, as representing the Church, the third Estate of the Kingdom, might have liberty to vote in Parliament (an evil, under which the Church had been groaning, before, of a long time) The parllament, thinking (but without ground) that the ministers would never take upon them the titles of the former Prelates, passed this Act. That such ministers as his Maj: should be pleased to provide to the place, title, and dignity of a Bishop, Abbot, or other prelate, should have that liberty: and as concerning their office in the spiritual policy of the Church, it was remitted to be advised by his Maj: & agreed upon with the General Assembly; & that without prejudice of the spiritual Jurisdiction & Discipline of the Church, permitted to General Assemblies, Synods, Presbiteries, & Sessions, & established by Law. Then they move the King to call an Assembly at Dundee before the time apppointed, to the end they might get their own deed approven; where, after much work, & after many threaten to some, & promises to others, made by the King himself who was there present, & had commanded Mr Melvin & Mr johnston Professors of Theology in St. Andrew's forth of the town, under the pain of banishment, their deed is approven. But zealous & faithful Mr Davidson arose & protested in his own name, & in name of all the ministers of Scotland who would adhere to his protestation, against that Assembly, & the two last preceding Assemblies, as null, & not lawful, & when he removed several of the ministers followed him, & subscribed the same. The meeting went on, & renewed the former Commission unto twenty Commissioners, whereof nine should be a quorum, among whom was Mrs james Nicolson, George Gladstones, David Lindsay, Alexander Lindsay, Andro Knox, Gavin Hamilton, & Alexander Douglas, (whom the king by any means would have named) who were all bishops afterward. Thereafter there were several meetings, as one at Falkland july 29. 1598. where were some debates about this mater. & some cautions condescended on, limiting these Parliamentary Ministers, To propone nothing without express warrant from the Church. To be accountable to the General Assembly, & subject to their Presbytery & Synod. To usurp no power of Jurisdiction or Ordination, but every way else to carry themselves as other ministers, & the like; & to all these, & other points necessary they were bound to swear & subscribe. But how little regard was had to these Cautions, sworn, & subscribed, may be seen by what Spotiswood sayeth in his History pag. 453. viz [That it was neither the King's intention, nor the minds of the wiser sort, to have these Cautions stand in force, but to have matters peaceably ended, & the Reformation of the policy made without any noise, they gave way to these conceits] So was there another Meeting at Halyrood house in November 1599 but in all these meetings the honest party could prevail nothing, the king did so violently carry on his purpose. Anno 1600. There is a General Assembly at Montrose, where the matter is again debated, but no answer made to the arguments of the honest party, only the King's authority is made use of, as an answer to all: And so at length, what by menaces, what by flatter made by the king himself, who was there present, the former resolutions are concluded, only they allow of the Cautions condescended on at Falckland, & will have these Parliamentary Ministers to give an account yearly unto the General Assembly, & lay down their Commission. But these Commissioners, or Parliamentary ministers, being mounted up so high, thought it below them to stand to any promise, or condition, having never resolved so to do, as we have heard out of Spotiswood, who in his latin pamphlet called Refutatio libelli, etc. sayeth also the same [Conditiones quod attinet, quas foede violatas clamitat, in nonnullas, utpote aequas & jujlas facile assensum, aliae pro tempore magis, quo contentiosis, omnis rixands ansa praeriperetur, quam animo in perpetuum observandi, acceptae.] that there were some of these Cautions which they never intended to keep, only they did accept of them, that more peaceably they might be put in poss●…ssion of that which they were gapeing for. Thus it is undeniable that these men arose to Prelacy by open and avowed perjury, as their successors of late have done. Anno 1601, & 1602. The Assemblies follow forth his Maj. design, for there was a complaint given in by the Synod of ●…ife against these Parliamentary ministers, as breaking all bounds & cautions, but they are not heard. That assembly 1602. do indict their next meeting at Aberdeen in July 1604. but the Parliamentary ministers, fearing that they should be called to an account, move the king to prorogue the same, unto July 2, An. 1605. yet the Commissioners from St Andrews presbytery viz Mrs james Melvin, William Erskin, & William Murray went to Aberdeen the day apppointed, & presented their Commissions, taking Instruments in the hands of two public Notars, before some ministers of the town, & others. When the next diet, Anno 1605. was approaching, they move the King to prorogue again the Assembly unto an indefinite time, & therefore from London he sendeth to the Commissioners to stay the meeting of the Assembly, until he gave advertisement, whereupon they write to several Presbiteries in the South pairts, adviseing them not to choose Commissioners to meet at Aberdeen the fifth day of July, (of purpose to deceive them concerning the day, which was the second, & not the fifth: that so, such as would meet the second day, being so few, might easily be moved to dissolve, before the rest came, who would intend only to keep the fifth day) But the honest party, perceiving how their liberties were now in danger, did resolve to meet at Aberdeen, & accordingly there cometh from parts neerby some against the second of July, unto whom Lawreston his Maj. Commissioner presented a letter from the Council, & desired an answer. They replied, that they behoved first to constitute themselves, & after he had withdrawn, they choosed a moderator & Clerk, & then read the letter, wherein there were two things desired, first that they would dissolve the meeting, & next that they would appoint no other day, until his Maj. were advertised. As to the first they answered that they were ready to dissolve the meeting, there being so few present. To the next they answered that if Lawreston as his Maj. Commissioner would name a day, they would aggree thereto, if not, they behoved to preserve their liberty, & so, seeing Lawreston refused, they appointed the next Assembly to be at Aberdeen the last Tuysday of Sept. & advertised Presbiteries thereof. When Lawreston seeth this, he protesteth against them as no lawful General Assembly, & giveth his reasons, which were answered, & they protest to the contrary, & thereupon by a messenger of arms he chargeth them to depairt under the pain of treason, & because, as he alleged; he had discharged them, the night before, by open proclamation at the mercat Cross to conveen under the pain of treason, he causeth denounce them rebels. Whereupon in Septr. Mr Welsh & Mr Forbes were imprisoned by the Council in Blackness, & in Octr. others were incarcerat. In the mean time, there is a Declaration dated at Hampton Court Septr 26. indicting an Assembly at Dundy the last Tuysday of July next. Now the imprisoned ministers petitioned that the trial of that General Assembly might be referred to the indicted assembly at Dundee, but are not heard. And therefore, when they are sisted before the Council Octr 24. seeing that certainly the Assembly would be condemned, they give in this Declinature following [please your Lo: The approbation or disallowance of a General assembly hath been, & should be a matter spiritual, & always cognosced & judged by the Church, as Judges Competent within this Realm, & seeing we are called before your Lo: to hear & see it found & declared, that we have contemptuously, & seditiously convened, & assembled ourselves in a General assembly at Aberdeen, the first Tuysday, of July last, & the said assembly to be declared unlawful, as an more length is contained in the summons, executed against us. We in consideration of the premises, & other reasons to be given in by us, have just cause to decline your Lo. judgement, as no ways competent in the Cause above specified- & by these presents we simpliciter decline the same, seeing we are most willing to submit ourselves unto the trial of a Ge nerall Assembly which is only the Judge competent.] When the King heareth of this Declinature, he lent down directions to the Council to proceed against them according to the laws, & sent down the Earl of Dumbar for that effect. Whereupon six of them viz Mrs john Forbes, john Welch, Andrew Duncan, john Sharp, Robert Dury, & Alexander Strachan, are indicted of high treason upon the act of Parliament. 1584. & sisted before an Assize at Lithgow and what by illegal procedures, & threaten, with fair promises, used by the Earl of Dumber unto the Assisers, some of whom were his own near kinssolk, & particularly by assurances that the king would not take their life, they are declared guilty of treason by nine of the fifteen Assisers, & so sent back to their prisons. Then doth the king send for Mrs Andro Melvin, james Melvin, james Balfour, William Watson, William Scot, john Carmichel & Adam Colt, & detaineth them long at London, seeking to entangle them with questions & at length Mr Andro Melvin, is imprisoned in the Tower, till the Duke of Boulogne three years thereafter procureth liberty to him to go with him Mr james Melvin, dieth at Berwick, & the rest are confined to several places, of the country. While these ministers are at London, the king signifieth his mind, that the six condemned ministers should be banished out of his Dominions, & the other eight should be consigned as followeth. Viz; Mr Farm in Bute, Mr Monro in K●…ntire, Mr Youngson in Arran, Mr Irvine in Orkney: Mr William Forbes in Yetland, Mr Grace in Caitnesse, Mr English in Southerland, & Mr Rosse in Lewes. In this same year Anno 1606. there is a parliament convened in July, which acknowledgeth his Maj. sovereign authority, princely power, royal prerogative, & privilege of the Crown over all Estates, persons, & causes, & promiseth to maintain the same with their lives, lands & goods, & restoreth the bishops to their ancient, & accustomed honour, dignities Prerogatives, Previleges, livings, lands, teinds, rends thirds, & estates, & rescindeth the act of annexation. Unto this Parliament the Commissioners from Synods & presbiteries gave in a protestation, desiring them to keep within their due bounds, & reserve unto the Lord that glory, which he will communicate neither to man nor angel viz: to prescribe from his holy mountain a lively pattern, according to which his own tabernacle should be framed, & that they would not bring into the kirk of God, the Ordinance of man, which hath been found the ground of much evil, & of that Antichristian Hierarchy. That they would not build jericho again, contrare to their oath & subscription, nor suffer that Estate of Bishops to arise, which they offered to prove to be against the word of God, the ancient Fathers, & Canons of the Church, the modern most learned, & godly Divines, the Doctrine & Constitution of the Church of Scotland, the laws of the Realm, the well & honour of the kings Maj. the peace & quyetness of the realm & the well of all & every one of the subjects, and then. In the name of the Church in general, & of their presbyteries, & in their own name & of all other pastors, for discharging of their duty & consciences, they did protest against bishopry & bishops, & against the Erection, Confirmation, or Ratification thereof, requireing the famine to be Registrated. This protestation was subscribed by many ministers, & among others by Mr Adam Banatine, Mr john Abernethy, & Mr William Couper, who afterward became bishops themselves. When prelates are thus advanced to their civil dignities, there are ways essayed for advancing them in their spiritual power: and this same year there is an assembly indicted at Lithgow the 10 of December; but only some presbyteries, in whom the king confided most, were advertised hereof, & the business was carried so closely that the moderator of the last assembly knew nothing of it. Here, after some debate, the overture propounded by his Maj. in his letter, viz: that there should be constant moderators in presbyteries chosen, & that where the bishops did reside, they should moderate, both in Synods & presbyteries, is concluded, & some cautions added, but to no purpose for there was a clause annexed, which did cast all loose, viz that if, either upon his Maj. advyce & proposition to the assembly, or upon their own supplication, the General assembly were moved to grant a relaxation of any of the Caveats, that then their promise should make no derogation to their liberty. Synods & presbyteries refused to own this Act, but at length were charged to obey under the pain of treason. Anno 1608. There was another Assembly at Lithgow July 26. but did no good, thereafter there were some conferences at Falkland & Sterlin, but to no purpose, the intended business was still carried on. Anno 1610. Juny 6. There is a meeting at Glasgow, unto which resorteth all the constant Maderators, who had their hundreth pounds per annum, and they bring with them other two ministers, such as they liked, & whom the king desired by his letters. The king had three Commissioners there. The Earl of Dumber was sent thither with a strong guard to affright the ministers, so as several ministers; coming out of the west with a purpose to protest were forced to return back again. There was also money brought thither to hire votes. Mr Spotiswood sayeth it was to pay the constant Moderators their due. But Mr Lawder in Coberspath was no moderator, & yet he came to the Earl & complained that though he travailed furthest, and had least to live upon, & though his vote was as good as the best; yet he was neglected, to whom the Earl replied, that he was too late in coming, & ask his purse-master what was left, he findeth there was nothing but seventeen Shillings Sterlin to give him: Come (sayeth Mr Lawder) let me have it, it will help to bear my charges homeward: And the Non-liquets got nothing. At this corrupt meeting it is concluded 1. That the indiction of all General Assemblies belonged to the king, by the prerogative of his Crown, & without his licence all such meetings were unlawful. 2. That Synods should be moderated by the Prelates, or some appointed by them. 3. No excommunication or absolution without the Bishop's approbation, & direction, who is answerable to God & to his Maj. for his proceedings 4. All presentations must be directed to the Prelates. 5. That he with some associated, should silence & depose ministers 6 That every minister, at his entry, should swear obedience to his Maj. & to his ordinary as it was ordained Anno 1571. 7. If any minister absent himself from the Bishop's visitation, he shall be suspended, & if he amend not, deposed. 8. That the exercises (or quondam presbyteries) should be moderated by the bishops, or whom they will appoint. And 9 That no minister speak against any of the foresaid acts in public, nor dispute about the equality or inequality of ministers. This year also was the High Commission instituted, & proclaimed by a Herald giving power to the Archbishops to depose, excommunicate, imprison, fine & confine, for causes Ecclesiastic, whether in Doctrine, or manners, whether in Noblemen, ministers, or common people. When the meeting at Glasgow is dissolved, Mr Spotiswood of Glasgow, Mr Lamb of Brichen, & Mr Hamilton of Galloway, go to London & there are consecrated the 21 of Octob. & when they return, they consecreate the rest, & then all of them domineer over the people, & over the faithful ministers. Anno 1612. a Parliament convened, which ratified all the acts of that meeting at Glasgow, & inserted in their Registers the oath which every minister, at his admission was to swear thus, I A, B. admitted to the Kirk of D. testify & declare in my conscience, that the right excellent, right High, & mighty Prince, james the sixth, by the grace of God King of Scotland, etc. is the only lawful supreme Governor of this Realm, as well in matters Spiritual & Ecclesiastic, as in things temporal, & that no foreign Prince, State, nor Potentate, hath or aught to have any Jurisdiction, Power Superiority, Pre-eminence, or authority, Ecclesiastical, or Spiritual within Realm. And therefore I utterly renunce & forsake all foreign Jurisdiction, Power, Superiorities, & authorities, & promise that from this forth, I shall & will bear faith & true allaidgeance to his Highness, his airs, & lawful successors: And to my power shall assist & defend all Jurisdictions, Privileges, Preeminences, & authority, granted & belonging to his Highness his airs & lawful successors, or united & annexed to his Royal Crown. And further, I acknowledge & confess to have & to hold the said Church, & possession of the same, under God, of his Maj. & his Crown Royal of this Realm. And for the said's possessions I do homage presently to his Highness in your presence, & to his Majesty, his airs, & lawful successors shall be true. So help me God. And also I A, B. now admitted to the Church of C. promiseth & sweareth to E. F. Bishop of that Dioecy obedience, & to his successors in all things lawful. So help me God. Anno 1616. There was a meeting of the ministers at Aberdeen, appointing that a book of Common Prayer be made, & that children should be confirmed by the bishops or visitors in their name. But the year before this, the former commission, for the High commission was renewed, & instead of the two Courts in the two Provinces of Saint Andrews & Glasgow, there is one appointed, consisting of 55 or 56. one of the Archbishops is sine quo non, & he & other five may do all; Such as refuse to compeer are sisted by force, by the Sheriffs, & other magistrates. They meddle with blasphemy, heresy, schism, error, Idolatry, simony, lotry, absence from the Liturgy on holy Days, perjury, incest, adultery, fornication, rapes, clandestine marriages, striking of clergy men, speaking against their meetings. They have power to excommunicate, silence, depose, sine, imprison, & confine as long as they please, & the Secret Council must pursue the contumacious as rebels. Anno 1617. A Parliament conveeneth, at which the King himself is present, & maketh an act [That whatsoever his Maj. should determine in the external government of the Church with the advyce of the archbishops, Bishops, & a competent number of the ministry, should have the strength of a law] when the honest ministry hear of this, & see thereby a door opened for bringing in all the English-popish Ceremonies, they give in a Protestation against the same, which when the king heareth he causeth the Clerk pass by that act, when he was to read all the rest. And now the king is violent for the Ceremonies, & chideth the Archbishops for not receiving the five articles, as he commanded the former year: and they promise to do it, if he would indict a General assembly. And upon Mr Galleway's undertaking the king indicteth a meeting at St Andrews Nou. 25. 1617. At this assembly no more could be gotten yielded to, but private Communion, & that ministers should give the Elements in the Lord's supper out of their own hands to each Communicant. But all this did not satisfy his Maj. & therefore he wrote sharp letters, to the Archbishops & commanded them to preach on Christmas day, & to celebrat the Lord's supper with all the solemnities. Anno 1618. there is another meeting called at Perth August. 25 unto which the king sent seven Noblemen, & fifteen Barons, & Gentlemen, Spotiswood took upon him to moderate, & read the kings minacing letter, & named a Committee for the articls, nothing regarding the liberty of the assembly, to gratify the king. The honest party offered reasons both for a delay, & against the Ceremonies, but all in vain: Spotiswood told them that he would send all the names of such as refused, unto the King, & asked the votes of many who had no Commission, & so obtained what the desired, for all accorded unto the five articles viz: kneeling at the Communion, private Communion, private Baptism, observation of Holy days, & Confirmation of children, except one Nobleman, one Doctor. 45. ministers. But when the honest party looked back to the many informalities at this meeting. 1. No lawful premonition, but only 20 days, by which means many were absent. 2. No liberty to choose a moderator. 3. No free disputing or voteing, but members overawed, 4. The assembly prelimited by the votes of the articles. 5. Such as wanted Commissions did vote, & others who had Commissions, were not suffered to vote etc. they looked upon it as no lawful General assembly, & published their reasons in print. After the dissolving of this meeting; Spotiswood, to make all sure; ratifieth all these things in the High Commission, & though he & others had said, that if they would give way to the passing of the act to humour his Maj. no man should be compelled to obey, yet now by the power of their High Commission, they force many to obey, under the pain of deposition, imprisonment, & confinement, & so they rage without all law. But at length Anno 1621. there is a parliament convened, unto which the Honest ministers give in a supplication for safe liberty to enjoy the true Religion, as Reform in Doctrine, Saoraments, & discipline, & openly professed, sworn, & practised, by Prince, Pastor, & people of all ranks, without Innovations: and that they would not suffer the faithful honest ministers to be smitten, & the stocks to be committed to wolves: & blind guides. But july 24. they were all discharged forth of the town by open proclamation: The presenter of the petition Mr Andrew Duncane minister are Crail was incarcerated. When the ministers remove conform to the proclamation, they leave in write behind them strong reasons why the Parliament should not ratify the acts of the pretended assembly at Perth, & show both the nullity of the assembly in point of formality, & the illegality of any such Ratification, as being against several acts of Parliament, his Maj. proclamation published & printed, & the national Covenant, & upon several other grounds. As also they leave a most Christian & faithful admonition to the well affected Nobility, Barons, & burgeses members of Parliament, unto constancy & faithfulness. Yea moreover in case all this should not prevail, they leave a Protestation in write: but the minister who had it to present goat not access, & so was forced to affix Copies thereof upon public places of the town. But notwithstanding of all this, there is a fixed resolution to have these articles ratified, which made some honest members with draw: several informalities are used, contrary to the usual freedom of Parliament, much pains taken to gain some, & after the report was made to go, that the Parliament would not rise for several days to come, which made several members the more secure; Saturday the 4 of August. was pitched upon, as the fittest time, for closeing of the business, & all the articles are put together, & the question stated Aggree or Disaggree, & what by one way & another the acts are ratified. But observable it was how the Lord did give his Protestation against this ratification from heaven (though Spotiswood blasphemously paralleleth it unto the Lords showing of himself at the giving of the Law) for at the very instant when the king's Commissioner arose to touch this act with the Sceptre, there came in at the windows a great lightning, & after that another greater, & then a third most terrible: Immediately there followed an extraordinary darkness astonishing all. The lightnings were seconded with three terrible claps of thunder, & then their came an extradinary great shower of hail, & after all this such a terrible shower of rain, that made the streets to run like rivers, by which means the parliament was constrained to stay within doors, an hour & an half, & went home thereafter without their robes. Upon the 20 of August, when these acts were published at the Cross, the minister, who was entrusted with the Protestation, affixed a copy thereof upon the Church door, & another upon the Cross, & a third upon the Palace gate of Haliroodhouse, & took Instruments in these words [Here in the name of the brethren of the ministry, professing the Religion, as it hath been practised in our Church, since the Reformation of the same, I protest against all these things, that have been concluded, in prejudice of our privileges, since the first Reformation thereof, & adhere to my former Protestation made & fixed on the Tolbooth door, & other places, & to all the Protestations made in favours of the Church, in the time of the preceding Parliaments] And God from heaven did declare his dissent, for dureing the time of the reading of these acts there was nothing but thunder, fire, lightnings, & rain. And thereafter the Lord made the whole country feel the weight of his anger, for the corns did rot through excessive reins: waters became so great that they sweeped away in several places corns, cattle, houses, plenishing, people & all. The great bridge of Perth where these acts were first concluded was taken away, & never repaired to this day, yea & the whole town almost drowned, many of the Sea-townes which favoured the Articles, received great damage by Sea. And there followed three years' dearth & famine, & Epidemic diseases, whereof many died. Thus did the Lord plead from heaven his controversy, & testify his displeasure against those courses. But notwithstanding of all this, the Prelates, having now all power in their hands, prosecute their work, & tyrannize over all ranks, so as the inhabitants were more afraid of crossing their commands, than the commands of the king himself, for they banished out of their bounds such gentlemen as they pleased, imprisoned what magistrates they thought fit, upon any light occasion, were it but the hearing of their own old minister, after he had been silenced by the bishop, or the not sisting of one, though their own father, before their tyrannical Court. Now is there a black cloud over the Church for many years, piety is daily decaying, formality, & profanity increasing, the godly are mourning & lamenting, & the wicked rejoicing. But the Prelates have not yet ended their purpose. For Anno 1633. when King Charles was present at a Parliament, there is an Act carried through (but not without some opposition made thereunto by some of the Nobles) granting power to his Maj. to command what habits he pleaseth for all men in office, whether in Church or State, & that as a privilege annexed to the Crown, & by this means a door was opened to bring in the Surplice, the Corner cap, & other trash. These worthies being traduced by the Prelates, as contemners of authority, & sowers of sedition in Church & State, procure the king's displeasure by their freedom; For the king did not only chide them openly, but with his own hand he wrote down their names, as disloyal subjects; which made these Nobles think of drawing up a supplication, which being drawn up by William Haig his Maj. solicitor, was committed to the trust of the Earl of Rothes & Lord Loudoun to present it as they found conveniency, but they perceiving that it would not be well accepted resolved to keep it up: But at length some way or other a copy thereof cometh to the Bishop's hands, & they deliver it unto the king, & withal complain of those Noblemen, as standing in the way of his subjects yielding cheerful obedience: And upon their importunate requeests, there is a Commission granted to certain persons, as a committee to proceed against the Authors & abettors of that supplication, as guilty of sedition & treason. Whereupon William Haig fleeth, & all his goods are confiscate. Some Noblemen are questioned, & the Lord Balmerino who had the supplication in his custody, is imprisoned & at length condemned to die, but obtaineth pardon. Now the prelates do reign, there being none who durst peep, or move a wing against them. The Achprelate of Saint Andrews was Chancellor, other eight of the prelates were in great places, being either Lords of the privy Council, or Lords of the Exchequer: & being thus lifted up in power & honour, they are puffed up with pride, & what durst they not attempt now (think they) Therefore they proceed to do more wickedness, & draw up a book of Canons, which was printed, & approven by the Kings Maj. & all were commanded to obey the Bishops in all points. By this book that which remained of presbyterian government is taken away. Parochial Sessions, & Classical Presbyteries are accounted Conventicles; Ruleing Elders & Deacons are cast out of the Church, & all Ecclesiastical causes are brought only to the Pelats tribunal. So were they about the drawing up of a Liturgy, & a Book of Ordination, against which, before ever they were printed, or seen, all were discharged to speak under the pain of Excommunication. And at length, the book of Common Prayer is published & imposed on the Church by the king's command, as the only form of public divine worship. Every Parish is commanded to have two at least of these books, under the pain of horning & being punished as rebels: And a strict command cometh forth, enjoining the same to be used from Pasch & forward Anno 1637. But some of the Prelates as of Rose & Dumblaine, did anticipate the day, & made use of it in their cathedrals, Others of the Prelates propone the matter to their Synods: but the Ministers replied that such a change should not be made without a national Assembly; but it was answered that they were the Representatives of the Church: However some prelates gave Ministers liberty to advise until. Octob. but through the furious importunity of some a letter is procured from his Maj. commanding the useing of the Liturgy with all expedition in the Churches of Edinburgh: The Ministers being called to see what they would do, such as refused are presently suspended. SECTION II. The way how the Lord brought down these Prelates & the History continued. IT was sad & lamentable to see what a face the Church of Scotland had now: No hedge of Discipline to keep the vineyaird from foxes, & wild boars, all the Discipline which was, was tyranny over consciences, & over men's persons, & estates, profanity was not kerbed, but encouraged, Prelates themselves being chief in all those crying abominations, as will be cleared ere long: yea that poor Church was now posteing fast to Rome. The Prelates & their underlings, beside the points of Arminianism (which were accounted special pieces of their qualification) did avow openly several points of Popery; so that it was taught publicly in the chief City. That the Pope was not Antichrist. And thus all things were growing worse; the worship corrupted & like to be corrupted more, & the minds of people were filled with fears, that God would depairt, & leave that Church altogether; so thattheir case looked most deplorable, & desperate like. But asoftentimes the Church & people of God have found him, who was the hope ofIsrael, & the Saviour thereof in times of trouble, a ready help in time of need, so did the poor Church of Scotland find it now by experience, that when the storm was sorest, it was nearest an end, & that this was as the dark hour before the dawning of the day: for now the Lord awaketh as one after wine, & looketh through the cloud with Compassion on a long tossed, & sorely afflicted Church, which had groaned under oppression of cruel taskmasters, till they could do no more, & showeth that his hand was not shortened, that it could not save, but that he was the hearer of prayer, & that now his appointed time was come, to take vengeance on his adversaries, even the vengeance of his Temple: And as ordinariely the Lords great works appear to carnal reason to be despicable at the beginning; so the Lord began this great change & alteration of affairs in that poor Church, in a way that seemed not to promise much, yet such a way it was as the hand of God was to be seen in it, and seen carrying of it on wonderfully as shall appear. In obedience to his Maj. last letter, which commanded the reading of the liturgy in all haste, the Bishop of Edinburgh, the first sabbath day thereafter resolved to do it, & when he beginneth, there ariseth a tumult among the people, begun by some women, which increased so as that the prelate, when he came out of the Church, did hardly escape, & in the rest of the Churches of Edinburgh the reading was stopped: Immediately after dinner the Secret Counsel did meet, & resolve to search out the authors of this tumult, & commanded the use of the service book, & all to speak reverently of the Bishops; but, notwithstanding of this, the people rage more than ever, against the Prelates, & after the afternoons sermon they set upon the Prelate with stones, & forced him to flee. About this time, in other pairts of the Kingdom the ministers & honest people, who were urged, & could not give obedience, resolved to follow a more regular way, and to supplicat the Council, & to give in a note of the errors contained in these books, which accordingly they did: so from several pairts of the Kingdom, there came Ministers & professors with supplications, sheweing how erro●…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 rend, some adhering to the Ambrosian Li●…gy others choosing the Roman of Oregorian Liturgy; how dangerous it was to change the Worship, & bring in a worse; & how the King four years before, at his Coronation, did solemnly swear that he would alter nothing in the Kingdom of Scotland, without the free consent & advice of those having Interest. Unto these Supplications the Council at first gave a favourable answer, & told that it was not their mind; to press the public use of these books, & that they had forbidden the Bishops to press the use of these books any more, & that they had signified their mind to his Maj, & were expecting a return. The petitioners likewise sent their supplications to his Maj. with the Duke of Lennox, who was then returning to London, & withal did wrestle with God by prayer & fa●…ing that he would incline the King's heart to hearken unto their just desires, & would frustrate the endeavours of their adversaries. But when the express cometh from his Maj. all the answer they get, is, an Edict published Octobr 18. commanding them to go out of the town of Edinburgh within few hours, under the pain of Rebellion. When the Petitioners see this, the next day, they resolve to act all together jointly, that his Maj. might know it was not a few Puritans (as the impure Prelates were pleased to nickname them) but a great mulitude of his Maj. most loyal subjects of all ranks, who were dissatisfied: And they draw up a complaint against the prelates, & desire liberty of the Council to pursue them legally, as being the only authors of the Book of Canons, & liturgy, which contain the seeds of Superstition & Idolatry, & as being guilty of many other crimes, & that under the highest peril: And withal they show the Council that they could not leave the town, until they saw some course taken for delivering the land from the present & imminent dangers. When the Council saw that the number of the Petitioners was great, & daily 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 yielded unto. But ere long the Council is discharged by an Express 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 Council only might be blamed, as refusing justice. When the Counsel 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 Prelates, whom they would prove guilty of grievous crimes, under the highest peril, & therefore desired the prelates might be excluded, it not being fit that parties should be judges, The Council, because of the forementioned Express, might do nothing: Only they write to his Maj. who thereafter sendeth for the Earl of Traquair; but he, for fear of the Prelates did misrepresent the Cause of the Supplicants, & returned with a Proclamation from his Maj. which he caused publish at Sterlin (where the Council 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 laws of the Land: Against this the petitioners prepared a Protestation, a copy whereof was affixed at the Cross of Sterlin, & herein protested against these Books, as full of errors, as Innovations; against their refusing to receive libels against the Prelates; against the High Commission Court obtruded on Scotland contrary to the fundamental laws of the land, without any Municipal law: That prelate should not be judges in their own cause: And that all their own meetings were lawful: And that they could not forbear with a good conscience, unless they should wrong the Glory of God, the honour of his Maj. & the liberties of kirk & Kingdom. And because they were commanded to depart forth of the town of Sterlin, they go together towards Edenburg, & there after serious thoughts they find the main procureing cause of all these calamities, to be the violation of the national 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, & bind themselves [to adhere unto, & defend the true Religion, & (forbear●…g the practice of all novations already introduced in the matters of the worship of God, or approbation of the corruptions of the public government of the Kirke, or civil places & power of Kirkmen, till they be tried & allowed in free Assemblies & in Parliaments) to labour by all means lawful to to recover the purity & liberty of the Gospel, as it was established, & professed before the foresaid Innovations] & promise & swear to contino●… in the profession and obedience of the foresaid Religion, ●…resist all contrary errors and corruptions, ând that they had no intention to attempt any thing, that might turn to the dishonour of God, or to the diminution of the King's greatness and authority, and to defend themselves mutually in the same cause, etc. 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 & sworn, & subscribed with tears, & great joy. Great was this day of the Lords power, for much willingness & cheerfulness 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 sworn 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 pass, the Prelates do animate his Maj. to a war: and the Covenanters desiring his Maj. might be rightly informed wrote unto the Duke of Lennox, marquis of Hamilton, & the Earl of Morton, to know if his Maj. would accept of a supplication, & sent one unto them to be presented by them, but the king would not look upon it, at length he is moved to send the marquis of Hamilton down toward Scotland, to labour by all means to settle peace; But in the mean time, there is a ship sent from London with Ammunition; unto the Castle of Edinburgh which because not usual, was taken notic of; & the Covenanters, fearing the worst resolved to watch the Castle, that none of it should be taken in. When Hamilton cometh down, the Covenanters petition for a free General Assembly, & a lawful Parliament. He replieth, that he was not able to grant either, unless they would render back their subscribed Covenant, but this they could not do, without open perjury: So that he resolveth to return, but first July 4 he published a Declaration, against which, contrary to their resolution (for they were made to believe it was some other thing then indeed it was) they drew up a Protestation, & hearing that the Council had approved of the said proclamation, they prepare a supplication, but the Council did not suffer the Act to be recorded, but did tear it in Pieces, & thereafter Hamilton, & the most part of the Council declared solemnly that the act of the Council was no approbation of the same, but a warrant to the Clerk to cause publish it. When the Marquis of Hamilton was going back to London again, he promiseth to procure a warrant from his Maj. for a General assembly before the 22 of Septr, otherways they should have free liberty to appoint one themselves: And when, according to his promise, he returneth again, he bringeth a proclamation with him, tacitly condemning all the proceedings of the Covenanters, & marring the freedom of an Assembly; and therefore the Covenanters were constrained to make use of a Protestation against it, Sept 22. On the same day also did the Council publish his Maj. Indictment of an Assembly to be holden at Glasgow Nou. 21. & of a Parliament to be holden at Edinburgh the 15 of May thereafter Anno 1639. As also a new engine is used for disappointing the Covenanters in their explicatory addition viz. The Council at the Kings command subscribe the national Covenant, & the bond for his Maj. preservation, & appoint Commissioners to see it done through the Kingdom, but withal there is a clause added viz. [We subscribe the Confession of faith, of, & according to the date & tenor, Anno 1580. & 1590. & as it was then professed within, this Kingdom] supposing (but by a gross mistake) that at that time Prelacy, & Ceremonies were then professed: But the Prelates, fearing this would not abide the trial desired the Council to sign a writing, obliging themselves to defend Episcopacy, S●…o show that Episcopacy is not abjured by the Covenant, b●… 〈◊〉 de●…e was not granted. At the day appointed the Assembly at Glasgow is opened up, notwithstanding of some indirect means used by the Prelates to hinder it. The Prelates being summoned, compeer not, but decline the Judicatory. Within some days the Marquis of Hamilton being the King's Commissioner offers to dissolve the Assembly, & chargeth them to depart, & so removeth himself: but though this was very astonishing, yet they did resolve to hold the Court of Christ, & in so doing 〈◊〉 obey God ●…ather than man: & then did take into consideration the grounds of the Declinature, which may be seen atlength in printed papers, & in Mr Spangs Historia Motu●…, etc. Upon the 29 of Nou. his Maj. Commissioner published a Proclamation commanding their dissolution, against which there is a Protestation drawn up, answering what was allaidged in the Proclamation. The assembly do proceed, &, after some search, find that all these Meetings of ministers which had brought in these Innovations that had troubled the Church so much, were no lawful General Assemblies, by sundry reasons confirmed by the Registers of the Assembly, by the books of presbiteries, by the Kings Maj. own letters, & by the testimony of divers old Reverend ministers verifying the same i●… the face of the Assembly; and so declared that these meetings at Lithgow 1606 & 1608, at Glasgow 1610, at Aberdeen 1616, at St Andrews 1617., & at Perth 1608. were from the beginning unfree, unlawful, & null Assemblies. The reasons are more fully to be seen in the printed Records of the Assembly. Likewise they condemn the book of Comm●…n prayer, because de●…ysed & brought in by the pretended P●…ts, without direction from the Church; and press●…d on Ministers without warrant from the Church; because 〈◊〉 contained a Popish frame, & form of divine service, many Popish errors, & ceremonies, the seeds of manifold & gross Superstition & Idolatry, & so repugnant to the Doctrine, Discipline, & order of the Church, to the Confession of faith, constitutions of General Assemblies, & acts of Parliament establishing the true Religion. So do they condemn the book of Canons, as devised by prelates (without warrant & direction from the General Assembly) to establish●…●…nicall power in their own persons over the worship of God, men's consciences, liberties, & goods, & to overthrow the whole Discipline & government of the Church by Gene●…ll & provincial Assemblies, by pre●…biteries, & Sessions, & 〈◊〉 contrary to the Confess●… of faith, the established go●…nement, the Book of Discipline, & the acts & Constitu●…ons of the Church. So they condemn the Book of Conscience ●…tion & Ordination, as being in●…ced without wa●… civil or Ecclesiastic, establi●…hing off●…es in God●… house without warrant of hi●… word, as 〈◊〉 to the Discipline, & Constitutions, of the Church, & as impeding the entry of fit & ●…orthy men to the ministry, & the discharge of their duty ●…er their entry. They condemn the High Comm●… as ●…cted without the conseur of Church or State, as subverting the ordinary Church judicatories, as arbitra●…y & not regulated ●…y laws civil or Ecclesiastic, as giving to Church men the power of both swords, & to persons merely civil the power of the Keys, & so as unlawful in itself, & prejudicial to the ●…ties of Christ's Church & Kingdom, & the King's honour in ●…taining the established laws & Iudicato●…ies of the Church. ●…o do they show & declare that the five Articles or ceremonies●…cluded ●…cluded at Perth (of which mention was made before) were ●…jured by the Nat. Covenant, as may be seen at length in their. 17. Act. As also they declare (act 16.) That Episcopacy ●…s abjured by the Confession of faith or national Covenant Anno 1580. which shall be more fully cleared afterward. So ●…ving examined & discussed the several processes given in a●…inst the pretended prelates, They depose & Excommunica●… Mrs Spot●…swood of St Andrews, Lindsay of Glasgow, ●…dsay o●… ●…enburgh, Sidserfe, of Galloway, Maxwell of Rosse, & 〈◊〉 of Brichen, for breach of the Cautions agreed on in the Assembly 1600. for receiving Consecration to the office of Episcopacy, pressing the Church with Innovations. Particularly Mr Spotiswood for open & ordinary profanation of the sabbath, drinking over late in taverns, venting atrocious slanders, interlining & changing the Acts of the Assembly at Aberdeen, facrilege, Simony, & 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 forcing Probationers to swear some idle & vain oaths, which he had invented. Mr Lindsay of Edinburgh 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 Christ's 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 Lord's day even when the Sacrament had been given, oppressing his vassals, keeping friday fasts, & defending all Arminian, & many of the most gross Popish opinions. Mr Whitefoord for such flagitious crimes, as were notour to all. So do they depose & Excommunicate. Mr Ballantine of Aberdeen, & Wedderburne of Dumblane for the general crimes, & particularly Mr Ballantine for Simony, for suspending Ministers, because they keeped a fast on the Lord's day dedicating a Chapel, freeing Papists suspected of Incest from Church censures, & turning such an Apostate after he had appeared once so zealous for the truth. Mr Wedderburne for concurring with Mr Maxwell in drawing up the book of Canons, swearing, profancing the Lord's day, & commending Arminianism, & 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 campbel of the Isles, as for the general crimes common to all, so in particular Mr Lindsay for Simony, Mr Abernethy for Simony, Mr Guthry for being the first who did put on the Surplice in Edinburgh 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 Lord's day, & defending the Arminian opinions. Thus are those enemies to Church & State, after they had oppressed, & tyrannised 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 wrong) run to Court, & stir up his Maj. to make war against Scotland, & accordingly war is concluded both by Sea & Land, free tradeing is taken away, the Scottish nobility at court are made to abjure the national Covenant, & the Assembly at Glasgow. The English Nobility with all their forces are commanded to meet the king at York April 10. 1639. When the Covenanters see this preparation, they emit 〈◊〉 Declaration showing [that Religion was their only work, Conscience their only Motive, & Reformation their Scope, that they intended no harm 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 Prelates.] 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 rebels, & the like, which was read in all the Churches of England. Withal, the Covenanters learn that the Earl of Huntly is made governor of the north, that they are all declared Rebels in England; that Berwick & Carlisle frontier cities were strongly garrisoned, that the Earl of Arundale is made General, that the King was to Rendezvouz, at York, That Huntly had already four or five thousand in arms, That Aberdeen was fortifying itself to take in the King's 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, & Magistrates 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 suppress the enemies within their own bosom: 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 King's Navy cometh to Scotland with some thousands of men & much provision. The Covenanters send a supplication to his Maj. but in vain, for nothing is intended but fire & sword. The King approacheth their borders with an army, & the two armies are near to join in battle. But God was pleased to prevent the shedding of blood, by moving the King to a Pacification, wherein the King promiseth & declareth that all causes Ecclesiastical should be determined by Church Assemblies, and that there should be a General Assembly every year once, and that civil matters should be determined by Parliaments, That there should be an Assembly held at Edinburgh 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 surrendered, & now the whole land looketh for nothing but peace. The Assembly is opened up August, 1639. & the Earl 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 Council, & according to a petition of the assembly unto the Secret Council, there is an act of Council ordaining all in all time coming to subscribe the Covenant, according to the General assemblies declaration, dated August▪ 30 1639. Now, according to the Pacification, it was expected that these acts should have had the civil 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 pain 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 nor dissolved formerly without their own consent, & lest this might be a preparative for times to come, they resolved to emitt a Declaration for their exoneration, & caused insert it in the Registers ad futuram rei memoriam. And withal they send some of their number unto his Maj. with grievances, & appoint others to attend his Maj. answer at Edinburgh, & then they dissolve having first published an Infirmation to the Estates of England, concerning the present state of affairs. But these Commissioners, after they had endeavoured to give his Maj. satisfaction in all points, according to their Instructions at several times, from the 20 of Febr. unto the 23 of March. 1640. were detained, & afterward the Lord Loudoun is put into the Tower of London & other three are put under a restrant, contrary to the Law of Nations. A new war is intended, The Castle of Edinburgh is fortified with a hundreth strangers moe & much Ammunition. The Commissioners of the Parliament seeing this, & hearing of an army leavyed in England under the conduct of the Earl of Northumberland, & how the Deputy of Irland with the Nobles there in Parliament had offered a great sum of money, & what stir the prelates of England were making at Court, & what offers they were making to carry on this new war, which they so far owned as to call it Ballum Episcopale; they resolve to put the land into a new posture of defence, and emit a Declaration for satisfaction of their friends in England, which was so satisfactory, as that many of the lower House of Parliament then sitting, declared that they saw no cause of a war against Scotland, & therefore would grant no subsidy. But this parliament is dissolved, Scottish ships are intercepted, their goods taken away, & the Seamen imprisoned, & miserably handled, all Seaports closed up with Frigates, the King's army advanceth both by sea & land, the Castle of Edinburgh oppresseth the town, & killeth many with shote. Now at the time appointed, Jun. 11. the parliament conveeneth, & leavieth an army for a new Expedition in defence of the land, & cleareth the equity of the same in a Declaration showing. 1 how they were necessitated thereunto, being not able to live without traffic, & justice, & to maintain an army on the borders. 2. That the war was only Defensive, the King being stirred up by their adversaries to break the Articles of Pacification, to imprison their Commissioners, to call Parliaments in England & Irland for subsidies for the war, to take their ships, & imprison their seamen, & to give Commission to the Governor of the Castle of Edinburgh to kill all he could: when they resolved only to defend themselves, to seek a firm & sure peace, & then to lay down arms after security had for their Religion & liberties. 3. That they were called by the same divine Providence, by which they had been directed hitherto. 4. That they looked upon none as their enemies but a Canterburian Faction made up of Atheists, Papists, Arminians, & Prelates, the seducers of the King. 5. That their end was not to wrong his Maj. nor to enrich themselves; but God's glory, the firm peace of both nations, the true honour of the King, & that the enemies of both Kingdoms might be punished. So do they emit another paper for the satisfaction of the good people of England clearing their true Intentions: And so do advance with their Army in to England, & take New Castle, & before they would advance toward York, where the main body of the King's Army did lie, they supplicat his maj. at length to consider their greevances; & particularly to ratify the last Parliament, that the Scott in England and Irland might be set at liberty, and not forced to take unlawful oaths that the Incendiaries might be punished according to justice, the Scottish ships restored, and every thing removed which hindereth free commerce, and tradeing between the two Nations. Many of the English Nobility & the City of London petition for a Parliament, & they and others advise his Maj. to desist from the war. At length the King is moved to thoughts of peace, & chooseth eight English Earls & eight Lords to meet with such as Scotland should make choice of, to conclude all matters of difference. This Conference did begin at Rippon, & was concluded at Westminster, the substance of which shall be mentioned presently, when it shall be shown how these Acts were all ratified & approved by the King himself, & his Parliament of Scotland Anno 1641. When the Parliament in Jun. Anno 1640, had convened at the time appointed at the last Session, all the Acts of the former Assembly 1639. are ratifyed by their 4. Act. They also ratify the Covenant, & the Act of Council beformentioned thereanent, & do insert the said Covenant with the assemblies explication in their Registers. And rescinde all Acts & Statutes made in favours of the prelates, as Act. 23. Anno 1597. anent their voice in Parliament, Act 2. Anno 1606. anent their restitution, the act 8. Anno 1607. anent the Chapter of St Andrews, act 6. 1609. anent their Commissariates, the 1 Act 1612. ratifying the acts of the pretended assembly at Glasgow 1610. the 1. & 2. Acts Anno 1617. anent the Election of Bishops, & restitution of Chapters, the 1. act 1621. ratifying the Articles of the pretended assembly at Perth 1618. & all others whatsoever made in their favours, & prejudicial to the spiritual nature, jurisdiction, & Discipline & privileges of the Kirk, or of the General, provincial, presbyterial assemblies, or kirk Sessions, & after the enacting of many other profitable laws, they adjourn the Parliament unto the 19 of Novemb. next, & then unto the 14. of January 1641. & then unto the 13. of April following, & then unto the 25. of May, & then unto the 15. of July, at which time the King himself was present: And in this Session of Parliament the Articles of the Treaty are ratifyed, enacted, & ordained to have in all time coming the fullforce & strength of a true & persect security, & Act of Parliament, & the King for himself & his successors promised in verbo principis never to come in the contrary of that Statute & Sanction or any thing there in contained. By this Treaty these Articles were concluded, 1. That for as much as the Kings Maj. did call & conveen a Parliament to beholden at Edinburgh the 2. of Inn. 1640. wherein certain acts were made & agreed upon, which acts hi●… Maj. (for the peace & good of his kingdom) is pleased to publish in his own name, with consent of the Estates, & therefore commands that the said acts bearing date the 11. of juny 1640, be published with the acts to be made in the next Session of the same Parliament, & that all the said acts have in all time coming the strength of laws. 2. That the Castle of Edinburgh & other strengths of the kingdom should according to their first foundation, with the advice of the Estates of parliament, be furnished & used for the kingdom. 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 laws, & contrary to their national 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 damage shall be restored. 6. That the sum of three hundreth thousand pound sterline should be given to them for their losses. 7. That all Declarations, proclamations, acts, books, libels, 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 & Carlisle be removed. As also there is an act of pacification & oblivion agreed upon out of which the Scottish prelates are excepted, as also Traquair, Sir Robert Spotiswood, Sir john 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 & confirm the Treaty. Thus at length were these officers which Christ had never appointed, cast out of God's house, (where they had formerly caused so much desolation, & laid 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 wonderful in Counsel & excellent in working aught 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 ways had been always 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 break the arm 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 Prelates to ●…ot, & to stink in the no●…rils both of Church & State, can & will again 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 predecessors. While the Parliament of England is sitting there are several complaints given in against the Earl of Strafford Deputy of Irland, & the Archbishop of Canterbury, & both being sound guilty of points of High Treason are condemned to die. Several Courts of Judicatory are abridged in their power, the High Commission Court is taken away, and the Starchamber Court, & the co●…ive power of Prelates, & their Courts. The Prelates are ejected from the House of Peers, Bills 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 civil war begun between the King & the Parliament, occasioned through his Maj. withdrawing from his Houses of Parliament North towards Hull. The war 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 john Earl of Rutland, Sir William Armin Baronet, & Sir Henry Vane junior Knights, Thomas Hatcher, & Henry Darley Esquires, with Mr Stephen Martial & Mr Philip Nye members of the Assembly of Divines their Commissioners, to repear unto the kingdom & States of Scotland, & to the General assembly there, & their Commissioners, to propone & consult with them in all occasions which may further 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 General 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 aid & help. August. 15. those Commissioners present some propositions to the Assembly, which they had a little before, August. 12. presented unto the honourable Convention of Estates, desiring that, because the Popish Prelatical faction is still pursueing their design of corrupting & altering the Religion, through the whole Island, the two Nations might be strictly united for their mutual defence against the Papists, & Prelatical Faction, & their adherents in both Kingdoms, & not to lay down arms 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 form of Church government, one Directory for worship, one Catechism, etc. & the foundation laid of the utter extirpation of Popery & Prelacy out of both Kingdoms. The most effectual & 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, Prelatical faction, & Malignants now in arms in the kingdom of England, their brethren of Scotland would raise a considerable force of horse & foot for their aid & 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 form of the League & Covenant is agreed 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 find in so great measure, upon the renovation of the national Covenant of the Kirk & kingdom, as the most powerful mean, by the blessing of God, for settling & 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 Honourable convention of Estates, that being examined & approved by them, it may be sent with all diligence to the Kingdom of England, that being received & approved there, the same may be with public humiliation & all Religious & answerable solemnity sworn & 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 kingdom of England where after mature deliberation it was approved by the learned assembly of Divines & by Both Houses of Parliament, & by them in their solemn assemblies after sermon, solemnly sworn & subscribed, & by Ordinance of Parliament sworn & suhscribed in all the parishes of the Kingdom, & a copy thereof appointed to be affixed in every parish Church, & also a fair 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 sworn & subscribed in England The Commissioners of the Gen. Assembly, Octob. 11. 1643. ordained the same to be, with public Humiliation, & all Religious solemnities received, sworn & subscribed by all ministers & professors 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 Lord's day after the same shall come to his hands, read & explain it, & by Exhortation prepare the people to the swearing & subscribing thereof solemnly the Lord's day next immediately following] & ordain [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 think it very convenient for good example, & the better encouragement of others that it be solemnly sworn & 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 town, & the Commissioners from the Parliament of England, & Divines of that kingdom here present, be earnestly desired to join with them in this solemn & Religion action.] Upon the 12 of Octob. the Commissioners of the convention of Estates did also ordain the same to be sworn & subscribed, under the pain of being punished as enemies to Religion, his Maj. honour, & peace of the kingdoms, & to have, their goods & ●…ents confiscate, etc. & also ordain all Sheriffs, Stuarts & others his Maj. magistrates in Brugh & land, & Committees in the several shires to be assisting to ministers and presbiteries in procuriing real 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 means, of Supplication, remonstrance, Protestation, and sufferings, to the end they might preserve themselves and their Religion from utter ruin and destruction, according to the commendable practices of these Kingdoms in former times, and the example of God's people in other Nations, after mature deliberation resolved and determined to enter into a mutual and solemn 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 sincerely, really, and constantly they should endeavour in their several places and callings. 1. To preserve the Reformed Religion in the Church of Scotland, in Doctrine, worship, Discipline, and Government, and to Reform 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, form of Church government, Directory for worship, and Catechising. 2. To endeavour the extirpation of popery, Prelacy, Superstition, Heresy, Schism, Profaneness, 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 Kingdoms and the Kings Maj. person and authority, in the preservation and defence of the true Religion, and liberties of the Kingdoms, 4. To discover all such as have been or shall be incendiaries, Malignants, or evil Instruments, hindering the Resermation of Religion, dividing the king from his people, and the kingdoms one from another, or making any f●…on or parties among the people, contrary to this League and Covenant, that they may be brought to trial and condign punishment. 5. To endeavour that these kingdoms may remain conjoined in a firm place & union to all posterity. 6. To assist such as enter into this Covenant, and not to suffer themselves any manner 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 ●…in, against all opposition, and promote the same according to their power against all sets and impediments 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 wonderful works of the Lords right hand, whereby he openly & ●…nyably owned that Covenant, & such as entered into 〈◊〉. Then did these Church's flourish, & begin to have a beautiful countenance, & to be admired abroad by strangers, who stood astonished at the report of what they did hear daily of the Lords owneing & fight for that Covenant, & seconding the Covenanters in carrying on the Ends of the same. But at length, after the Lord had by many signs & wonders testified his displeasure against, & broken the whole strength & force of the Popish, Prelatical & Malignant faction, & wrought deliverances in all the three kingdoms, for the people that engaged in Covenant with him; It seemed good in his eyes, who doth all things according to the counsel 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 overruled 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 justice, 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 ears of the Parliament of Scotland which was then sitting. They upon the 5. of Febr. 1649. considering that for as much as the kings Maj. who lately reigned was contrary to the dissent & protestation of this kingdom, now removed by a violent death; and that by the Lord's blessing there was left a righteous heir & lawful successor, Charles Prince of Scotland & Wales & now king of Great britain france and Irland, did unanimously and cheerfully in recognizance, and acknowledgement of his just right, title, and succession to the Crown, proclaim and declare to all the world that he was king of great britain, etc. their Sovereign Lord and king at the mercat Cross of Edinburgh with all usual Solemnities in like cases ordaining the same to be done in like manner in all the brughs Royal. Immediately there are Commissioners sent over to his Maj. while at the Hague in Holland, & when these returned without satisfaction, there are again the next year 1650, Commissioners sent to him; while at Breda. At length he promised to publish & testify by solemn oath his approbation of the national Covenant of Scotland, & of the solemn league & Covenant. And accordingly before he came a shore in Scotland, being in Shipboard at the mouth of Spey. on the Lord's day the 23. of Jun, 1650, in presence of the Commissioners of the kingdom & Church of Scotland, & several others both Scots & English, after Sermon, the national Covenant, & the solemn league & Covenant being read by the minister that preached, He standing & lifting up his right hand swore the same, in the words following, which had been determined by the Parliament, & by the Commissioners of the General assembly of the Church of Scotland, in their Instructions to their Commissioners, & subjoined to Both the Covenants. I Charles king of Great Britain, France & Irland do assure & declare by my solemn oath in the presence of the Almighty God; the searcher of hearts, my allowance & approbation of the national Covenant, & of the solemn league & Covenant above written, & faithfully oblige myself to prosecute the Ends thereof in my station & calling, & that I for myself & successors shall consent & aggree to all acts of Parliament enjoining the national Covenant & solemn league & Covenant, & fully establishing presbiteriall government, the Directory of Worship, confession of faith, & Catechisms in the kingdom of Scotland, as they are approven by the General assembly of this kirk, & Parliamet of this Kingdom. And that I shall give my royal assent to the acts of Parliament enjoining the same in the rest of my Dominons. And that I shall observe these in my own practice & family, & shall never make opposition to any of these, on endeavour any change thereof. And immediately subscribed the same. And thereafter August 16. 1650. he emitteth a Declaration from Dumfermeling wherein he expresseth much of his affection to the Covenan●… & Covenanters, & dèclareth that he hath not sworn & subscribed these Covenants & entered into the oath of God with his people, upon any sinister intention, & crooked design for attaining his own ends, but so far as humane weakness will permit, in the truth & sincerity of his heart, & that he is firmly resolved in the Lord's strength to adhere there to, & to prosecute the ends thereof, etc. In order to which he doth in the first place profess & declare that he will have no friends, but the friends of the Covenant: And therefore as he doth now detest & abhor all popery, Superstition & Idolatry, together with prelacy, & all errors, heresy & schism, & profaneness, & resolveth not to tolerate, much less allow any of these in any part of his Maj. Dominions, but to oppose himself thereto, & to endeavour the extirpation thereof to the outmost of his power: So doth he as a Christian exhort, & as a King require, all such of his subjects who have stood in opposition to the Solemn League & Covenant, & work of Reformation, upon a pretence of kingly Interest, or any other pretext whatsoever, to lay down their enmity against the cause & people of God, & to cease to prefer the Interest of man to the Interest of God, which hath been one of these things which hath occasioned many troubles, & calamities in these kingdoms, & being insisted in, will be so far from establishing of the King's Throne, that it will prove an Idol of jealousy, to provoke unto wrath him who is King of Kings, & Lord of Lords— The king shall always esteem them best servants, & most loyal subjects who serve him & seek his greatness in a right line of subordination unto God, giving unto God the things that are Gods, & unto Caesar the things that are Caesar's: & resolveth not to love or countenance any, who have so little conscience & piety, as to follow his Interests with a prejudice to the Gospel, & kingdom of Jesus Christ; which he looks not upon as a duty, but as flattery, & as driving self designs under a pretence of maintaining royal authority & greatness— he resolveth to live & die with his loyal subjects in prosecution of the ends of the Covenant— He doth esteem the service of those who first engaged in the Covenant, & have since that time faithfully followed the ends thereof, to be duty to God, & loyalty to him. So Jan. 1. 1651. on the day of his coronation, the national covenant & the Solemn league & covenant being read unto him he swore them in this following oath, which he took in behalf of himself & his successors, kneeling & holding up his right hand (which oath with both covenants he afterward did subscribe) I Charles, King of Great Britain, France, & Irland, do assure & declare by my solemn oath in the presence of Almighty God, the searcher of hearts, my allowance & approbation of the national Covenant, & of the Solemn League & Covenant above writ●…h; And faithfully obleidge myself to prosecute the ends thereof in my station & calling; And that I for myself & Successors shall consent & aggree to all Acts of Parliament enjoining the national Covenant, & the Solemn League & Covenant, & fully establishing Presbyterial Government, the Directory of worship, Confession of Faith, & Catechisms, in the kingdom of Scotland, as they are approven by the General Assemblies of this kirk, & Parliament of this kingdom: And that I shall give my royal assent to Acts and Ordinances of Parliament passed or to be passed enjoining the same in my other Dominions. And that I shall observe these in mine own practice and family, and shall never make opposition to any of those, or endeavour any change thereof. Thus had the Church of Scotland all the security imaginable from a Prince, that Prelates should never have footing again within that kingdom, & that the begun work of Reformation should be still carried on through the other Dominions. But when Scotland out of conscience to their covenant had sent for the king, the Sectarian party in july 1650 approach their borders with an Army, thereafter overcome them in battle, sheddeth much of their blood, leadeth many both commanders & soldiers away captives, & keepeth them in bondage full ten years. Under which oppression they lay groaning, wishing for a day of delivery. At length after ten years' exile the Lord returned their prince without stroke of sword, and settled him upon his throne, which occasioned great acclamations of joy through the whole land, seeing that now the yoke of the oppressor was brocken, and the Lord had restored to them in a wonderful & unexpected manner their law full judges and governor's. Now were people filled with hops of good and desirable days both for Church and State. But alace how suddenly are all their hopes turned into fears, and their joy into mourning, how are their faces filled with confusion, because of the sad disappointment which now they did meet with? Their yoke beginneth now to be wreathed more straight about their necks then ever, their bondage and oppression in conscience groweth, they see with their eyes the glorious work of Reformation which had been wonderfully carried on by the mighty power of the most High, & cemented with the blood of his Saints (who spared not their lives in the defence & maintenance of that cause both against malignants & Sectaries) razed to the very foundation, & the carved work thereof brocken down with axes & hammers at once, and all things growing daily worse & worse. Some particulars where of (though the calling to mind, & making mention of such sad & doolfull things will occasion fresh sorrow & grief to the people of God) as the purpose in hand will suffer, shall be mentioned in the following Sections. SECTION III. The grounds of the sufferings, of such as were incarcerated by the Committee of Estates the 23 Day of Agust 1660. discovered. AFter God had broken the yoke of the oppressors, & had restored their own governous, it might have been expected, that justice should have flowed down as a river; and when the commit of Estates which had been nominated Anno 1651. Were commanded by his Maj. to sit & order the affairs of the Kingdom until the ensueing Parliament should meet, every one might have been in expectation of some good following their government. But alas their little finger becometh heavier than the loins of the former oppressors: A little taste of which there is given on the very first day of their sitting down; for upon the 23. Day of August. 1660. While there were some faithful & Zealous servants of Christ, to the number of Ten Ministers, with one Gentleman, met in a private house (where they resolved to meet that they might give the less offence) for the drawing up of a supplication unto his Maj. wherein after their congratulating his Maj. return, they in all humility, press & exhort him, in the fear of the Lord, to mind his oaths unto, & covenants with God: a very necessary & seasonable work. The committee of Estates sent thither some of their number to apprehend those people, & to take them to the castle of Edinburgh, where they abode for the space of some weeks, & were afterward (except Mr Guthry) confined to their chambers in the town, for some considerable time. This was a terrible alarm unto the hearts of the godly, presaging sad & doolfull days to follow, when at the very first, there is so much cruelty, exerced against these faithful & zealous servants of Christ, who were evidenceing their love & respect unto their Prince, in minding him of his vows which he had made unto the most high, & of his duty which he did owe unto God, who had so wonderfully delivered him: for which no colourable pretence could be allaidged save one of those; Either that their meeting was not warranted by the laws of the land, or that they were about a sinful work. The first could not be allaidged with any colour of law, because there was no standing law then in force against such meetings; for whatever law there was of that nature before, was made null & void by posterior acts of Parliament, which posterior acts were not as yet resci●…ded: and further what great wrong was it, for so many ministers to meet together, in a private chamber for such an end, when as many & moe profane people, will be suffered to meet daily, to drink & debauch; and what could these worthies have suspected now, seeing the like liberty was enjoyed while the land was under the feet of oppressors? might not they in reason have expected as good quarters, at the hands of their own governoursas they goat from strangers & enemies; But it is like the work they were about gave offence, it is true, they were pleased to brand it with the names of treason & sedition, but whether it was so or not the reader will be better able to judge, when he hath pondered & considered the true copy of their supplication which is here following. Most gracious & dread sovereign. We your Maj. most humble subjects, considering the duty which, as Christians, we owe to our Lord jesus Christ, who is king of kings & Lord of Lords, and which as subjects, we owe unto your Maj. as our native & lawful king under him: We do hold ourselves bound to tender unto your Maj. this most humble address & supplication. How hateful the actings of the late usurped powers, in offering violence to the Parl. of Engl, in their unchristian & barbarous murdering of your royal father, in their insolent changing of the ancient civil government of the kingdom of Engl. and by armed violence unjustly secluding your Maj. there from, In their most unjust invadeing of the kingdom of Scotland & enthralling of the same in subjection to themselves: and beyond all, their impious encroaching on the kingdom of (jesus Christ) & the liberties thereof: and in promoteing & establishing a vast toleration in things religious, throughout those nations, unto the perverting of the precious truths of the Gospel & defacing of the ordinances of (jesus Christ) & opening a wide door to all sorts of evil, heresy, schism, imprety & profaneness. How abominable these things were to us the Lord who searcheth the heart, & trieth the re●…es doth know, against which we gave many public testimonies before the world, to witness our abhorrence thereof. And the same Lord knoweth that as we did earnestly pray for, & breath after his appearing, to witness against those, so (saveing that Christian pity and compassion we owe to the people of men, though our very enemies) we rejoice in his putting down of them, that did set up themselves, & in staineing the pride of their glory, & in breaking the yoke of their power from off the neck of these Kingdoms. We hold ourselves also bound thankfully to acknowledge, the Lord's signal preserving of your Maj. person in the midst of many fold dangers & designs threatening the same, these years past: And that after long Exile from your own house & people, he hath been pleased to bring you back to the same: And when the foundations of the ancient civil government were overthrown, again to make way for repaireing of the ruins, 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 little expected, in so quiet & peaceable a way, and without the effusion of Christian blood, & embroiling the Kingdoms, in the misery & calamities, of a new war. And as we adore the wonderful & wise hand of God, & bless 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 pou●… forth the fervent desires & supplicatio●… of our soul unto the most high by whom king's reign, for the preservation, & safety of your Maj. person, & for the multiplication of his spirit & increase of it upon you: that you may employ your power to his praise, & the comfort of his people; & for the Establishing of your just power & greatness; & in subordination to him to be faithful & loyal, rendering all the duties of honour & subjection & obedience to your Maj. that are due from humble & loving subjects, unto their native & lawful prince & sovereign. And we desire to be persuaded, & with confidence to promise to ourselves, that your Maj. will accept of those our professions, as proceeding from loyal & honest hearts, & allow us the protection & countenance & encouragement in our station & callings, that may be expected from a gracious king: And considering the great happiness that ariseth both to kirk and state, & all the members thereof, by the mutual good understanding, betwixt the supreme Magistrate, & the faithful 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 〈◊〉 kingdoms. 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 & happiness: & 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 ourselves, to suppress and overcome, we shall reveal and make known, that they may be prevented & remedied. Humbly to present unto your Maj. and make known the great danger, that threateneth religion, and the work of reformation, in the churches of God, in these kingdoms, from the desires and endeavour; of the remanent of the popish prelatical and malignant party therein, which is beginning to lift up the head, & not only to render hateful, but to bear down many of your Maj. good subjects, who have been employed 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 itself 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 government, discipline and divine worship 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 & happiness, than actings of that nature, so we cannot without horror of Spirit & astonishment of heart, think upon what dreadful guiltiness King, Princes, Ministers & People, shall be involved into, & what fearful 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 kingdoms 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 solemn vows & engagements taken upon themselves before God, angels & men, against them; if they should again lick up the vomit thereof. God forbid that we should either hear or see such heart astonishing bitter things which would turn the mirth of the Lords people into mourning; & their songs into most sad lamentations. Neither are we less apprehensive of the endeavours of the spirit of error that possesseth Sectaries in these Nations. which as it did at first promove a vast toleration 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 passed been so dreadful, that we cannot think of the continuing thereof but with much trembling & fear. Therefore knowing that to Kings, Princes, Rulers, & Magistrates, 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 blameless & 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 employ your royal power unto the preservation of the reformed religion, in the church of Scotland in doctrine worship, discipline & government, & for the reformation of Religion in the Kingdom of England & Irland, in doctrine worship, discipline & government; and to the carrying on of the work of uniformity of religion, in the church of God, in the three Kingdoms, in one confession of faith, form of church government, directory of worship & catechis●…ing: and to the extirpation of popery prelacy, superstition, heresy, schism, profaneness, & whatsoever is contrary to sound doctrine, & the power of Godliness: 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 & happiness, 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 again, the things that were destroyed, constraineth us to be petitioners against the same, & earnestly to entreat 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 chapel and family, and other places of your Dominions may be removed and taken away; And that there may be no further proceeding in these things, which grieve the Spirit of God, and give offence to your Maj. good subjects, who are engaged 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 faithful in the work of the Lord, & for quashing the hopes & endeavours of adversaries, would be pleased to give public 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 faithful 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 solemn Oath, under your hand & seal, in the presence o●… Almighty God The searcher of hearts, your allowance & approbation of the national Covenant, & the Solemn League & Covenant, faithfully obliging yourself to prosecute the ends thereof, in your station, & calling; & that your Maj. for yourself & Successors should consent & agree to all acts of Parl. enjoining the national Cov: & Solemn League & Cou. fully establishing Presbyterial 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 Royal assent to acts & ordinances of Parl. past or to be past enjoining the same in your Maj. Dominions; & that you 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 & solemn Oath of God in the Covenants; Yea that the afflictions where with God hath exercised your Maj. these years past, the great & wonderful 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 than your Maj: Yea that as ye are more excellent than the kings of the Earth, in regaird of the purity of profession & solemn engagements unto God, And long exercisednesse with manifold afflictions; & in the Lord's setting you over these Kingdoms which are not only thorough grace, the first fruits 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, excel them in the zeal of God & for the Kingdom of jesus 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 royal Head, & by your example, all the Orbs of inferior powers & people, in these kingdoms, in subordination to God & your Maj. in the practice of godliness & virtue. 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 discern betwixt good & bad: Like unto jehosaphat, whose heart was lifted up in the ways of the Lord: Like unto Hezekiah, eminent for godliness and integrity: Like unto josiah, who was of a tender heart & did humble himself before God, when he heard his word against jerusalem, & the inhabitants of judah, and not only made a Covenant before the Lord, to walk after the Lord, and keep his commandments, with all his heart, and with all his soul to perform the Covenant, but also caused all that were in jerusalem & Benjamin to stand to it; & took away the abomination out of all the countries 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. inherit the honour & blessing of these kings upon the earth and their happiness in heaven; So shall your Maj. person be preserved, & your government established over these kingdoms. Which is the unfeigned desire, and fervent supplication of your Maj. most humble & loyal subjects. Now the Reader having considered this humble address and supplication may judge if there was any thing therein either treasonable or seditious reflecting on his Maj. & on the government of the kingdom of England, or the constitution of the present Committee of Estates, or any thing tending to the raiseing of new tumults and re-kindleing a civil war among his Maj. good subjects as their enemies were pleased to give it out, o●… which did deserve imprisonment; yea whether it was not their duty & the duty of all the Ministers of Scotland, to be thus faithful in giving timeous warning and faithful 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 judgement in several 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 FOUR The suffering of the Noble Marquis of Argile who was executed the 27 Day of May 1661. examined by law. WHile the Parliament is in hand with reverend Mr Guthri●… 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 Margueses of Argile among their hands; who, though he had a main hand in bringing home the king & closeing the second treaty at Breda yet, while he is going up to London after the king's late return from exile, to congratulat his Maj. return, is made prisoner in the Tour of London & thereafter is sent down to Scotland, & indicted of heigh treason, before the Parl. & at length is beheaded & his head is stuck up upon the tolbooth of Edinburgh. Questionless 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 faithfulness and constancy in carrying on the work & cause of God, was taken) But the very truth is, what ever was petended, the true cause was, that which made him so famous; even his zeal & activity for the work of God in his generation; for what ever else they had to lay to his charge, if he had either opposed the work of God, or done as little for it, as many other, of the Nobles, his life would not have been taken now, more than the life of others, it is true other things were sought to colour this business, and failing one, another, & failing that, a third, but in end there is a comprehensive general set down as the ground of the sentence, to this purpose. That he had been an enemy to the king & his interest these 23 years or more by past, which in effect is as much as to say; he had been an active friend for the interest of Christ. But because generals cannot well be proved they condescended on several particular actings of his in carrying on, in his place & station, the work of reformation, & when all these failed, they fix upon his compliance with the Englishes (after they had subdued the land in battle, and forced the king out of his dominions, had garrisoned the whole land, & used it almost as a conquest) by sitting in their parliament when chosen by some shire, and when the rest of the shires of the land had sent their commissioners thither. This his compliance with them, at that time, by sitting in their judicatories, and there concurring with his advice & counsel for the good of the land, that was now under their feet, is the only particular ground upon which his sentence is founded, and the particular special cause pretended for which he was condemned to lose his head as a traitor, & to have his head put up on t●…e top of the tolbooth as an eminent traitor. A sentence which question less, at first veiu, may make all men of understanding astonished, & to wonder, how ever it could have entered into the mind of the parliament of Scotland, to sentence unto death, such a peer of the land, such an useful member of the Kingdom, & an ornament; upon such a ground and for such a cause. But if these four particulars be considered the matter will yet appear more wonderful. 1. The matter of compliance with the Englishes at that time, was so far from being accounted treasonable that several of the lawyers (among whom was one Sir john Fletcher who was now advanced to be his Maj. advocate, & did accuse this worthy Nobleman of treason) did swear & subscribe an oath to be faithful unto the government, as it was then established without King & house of Lords. Now if there had been treason really in this deed, either by the civil law, or by the municipal laws of the land, would not the lawyers have perceived it whose daily work & study the laws are? 2. If this had been the deed of this nobleman alone, the mater had been less to have been wondered at, but it being such a deed whereof few of the nobles of Scotland were altogether free: yea whereof many of the members of Parliament his judges were guilty, the matter is beyond a parallel. It is hard to make secios criminis sit as judges & condemn the accused: reason would require that the table should be purged. Is it not strange for a Parliament to condemn one for such a fault for which many of their own members might with as much justice & equity be condemned? and is it not strange how they being by their own confession traitors in the highest degree, could fit, & judge others? It is true it will be replied. That his Maj. might pardon whom he pleased, But than it will abundantly appear that not this, But something else was the cause of this worthy nobleman's death. Whatever may be said in point of law, yet it will be a disput in point of conscience. If kings may pardon such crimes as do deserve death by the law of God, or if such crimes which kings may pardon, of their own accord, & according to their own good pleasure, do before the Lord, deserve death. 3. If the Parliament had thought this particular worthy to bear so much stress, why would they have spent so much of their time in searching for other grounds to go upon 〈◊〉 & why did they not make use of this at the first? but it is like this had never once been mentioned if they had been able to fasten treason upon any other of his actions; & this makes it so much the more to be wondered at, that they would condemn such a noble man for such a particular which they would never once hav●… named, if they could have done their intended work, otherways. 4. Is it not strange that of all the complyers of Scotland there was not one, except this nobleman, impanelled upon this account, let be, put to death; yea is it not strange that those noble Men were never once questioned who being desired by General Monck when he was entering England with his army to rancounter Lambert, did abjure king Charles & his interest; & this Nobleman must die; Yea is it not yet more strange that one William Purves, who by complying had occasioned almost ruin to many noblemen, brughs and gentlem●…n, should have been absolved by act of Parliament (as might be cleared if there were a table of the unprinted acts set down after their acts, as is done always, in other Parliaments) and yet this nobleman must be sentenced to death, for complying for the good of the country. But to speak unto the business in poynr of law let these four or five Particular quaeres be considered and then any shall be able to perceive the iniquity of this sentence. 1. By what act of Parliament is such a deed as this, condemned as treasonable? By what municipal law, can any member of the Kingdom be challenged, upon the account of treason, for treating with a conqueror for life & liberty, & for sitting in his counsels, for the good of the country, after that he with the rest of the body of the land, had fought in the defence of King, & country till no more could be done, after the whole land had been overcome at several battles, and wholly overrun; & had acted nothing, for the advantage of the enemy & disadvantage of the king & country before the victory obtained; but in all points had carried as became a loyal subject contributing all the help by arms & counsel, which was required: what act of parliament declareth such a deed as this treasonable, & such a subject to deserve death as a traitor? 2. Was there ever such a Practic in Scotland since ever there was a king in it? Several times was the kingdom of Scotland overrun by the kingdom of England particularly in the days of Balliol, & at that time King Edward caused the Nobles of Scotland swear all aidgeance unto him. But when Bruce came to be King was there any of the Nobles questioned for treason upon that account? And seeing there can no instance be produced out of the History of Scotland since ever it was a Kingdom, that any subject, noble Man, or other, was accused of high treason, for such a cause, surely this noble Man's case was unparallelled. 3. Is not this strange considering what the principle of Royalists is? They say that [Conquest giveth a just tittle to a crown] So sayeth D. Ferne, A●…nisaeus, & Maxwell in his Sacro Sancta Regum Majestas, Cap. 17. And by this principle Cromwell was the lawful supreme Governor of the Kingdom of Scotland, and had just tittle & right to the Crown thereof, having now conquered the same; & if this principle of theirs be true (which is much questioned by their opposites) no compliance with him, could by any law in the World, be treason against any Prince whatsomever, for obedience unto, & concurrence with, a lawful supreme Magistrate can be treason against no man living: How then could this noble Man be challenged upon the account of treason for compliance? 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 Magistrate, out of the civil law, as will condemn the deed of this worthy noble Man, & make compliance with a conqueror for the good & saifty of the country after all means of defence are broken & lost, an act of treason? And since the civil law can condemn no such deed as treasonable, the sentence given out against his noble Man, must be without all warrant of law. 5. Are there not many countries, Kingdoms & cities that have been overrun by their enemies, & have had their own lawful Governors put from them; & so have been forced, to live under the feet of strangers; & hath it not been usual 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 ●…reason against their own lawful Governors, thrust from them sore against their wills, for any such compliance? 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 Governors of Commonwealths, Statesmen, Lawyers, Casuists, Politicians, Canonists & Quodlib●…tists, yea & Royalists, if they will speak consonantly to their own principles & their answer & interlocutour be had in point of law unto this question. Whether or not, when a land is overcome in battle, once, again, a third time, & a fourth time, so a●… they are forced to lie under the feet of the conqueror, and expect his mercy, their own supreme Magistrate is forced to flee away, for his life, without all hope of returning; & so they left without all government but what they have from the conqueror; & 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 choice, to sit in his supreme Council for giving their advice for regulating the affairs of that Kingdom, & common wealth, which is now conquered & subdued; Can it be treason in any, when chosen by the country, to sit in these Counsels, & advise what they think best for the good of the country? 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 year's absence, for acting so under the conqueror, for the good of the land, to prevent its utter ruin, & destruction? And if the answer shall (as certainly it will) be negative, than 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 days thereafter, a great prophet falleth as shall be shown in the next section. SECTION V. The grounds of the suffering of Mr james Guthry Minister at Sterlin, who was executed the first Day of june 1661. examined. AFter the parliament is assembled. Mr james Guthry, minister at Sterlin, who was one of those ministers who were incarcerated for the cause above mentioned, Sect. 3. & who after some week's imprisonment in the castle of Edinburgh was carried 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 faithful, in carrying on the work of reformation, & had carried himself straight 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 o●… 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 shameful defection of these who dealt thus with him, & calling to all who go 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 it, & then thou mayest judge. Some ten years before, he was challenged by the King & his council for a doctrinal thesis which he had maintained & spoken to, in sermon, & because he found them, incompetent judges in matters purely ecclesiastical, such as is the examination, and censureing of doctrinal points 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 wonderful, if thou consider, how as thou hast heard, many worthy & precious servants of christ, did decline the King, & his council in the days of King james, such as Mr Baleanqual, Mr Melvin, Mr Blake, Mr Welch, Mr Forbes & others as incompetent judges in causes merely ecclesiastic; and yet there was never one of them put to death. It is true there was an act of Parliament, Anno 1584. dischargeing such declinatures under the pain of treason: but the very next year, An●…o 1585. King james himself did emit a declaration showing that he for his pairt should never, & that his posterity ought never, to cite summoned, or apprehend any paster for matters of doctrine. in religion, salvation, heresies, or true interpretation of scripture, but avoucheth it to be a mater merely ecclesiastical, & altogether impertinent to his calling: Which though not equivalent to an Act of parliament; yet whether 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 ways be prejudicial, nor deerogate any thing to the privilege, that God hath given to the spiritual office bearers of the church, concerning heads of religion, matters of heresy, excommunication, collation or deprivation of ministers, or any such like essential censures, specially grounded & have and warrant of the word of God. And which is more considerable. The parliament 1648. did disclaim any such power of judging in church matters, & took it for an unjust challenge & charge, to say, that they took an antecedent judgement in matters 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 judgement in matters of religion.] By which every one may see that the parliament did look 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 Council (which is a judicature inferior to the parliament by the fundamental laws of that land, having its original power & antiquity from the Kings Maj. & the estates of parliament, & so is subordinat there to, & aught to be countable to, & censurable by them, according to the 12 Act of Parl. 2. King james 4. See for this Act 27. Parl 2. of King Charl I. 1640.) may become judges thereof & whether, seeing by confession of Parliament they can be no less incompetent judges, than the parliament itself, it can be truly 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 expressly explicatory thereof; yet it could no ways be treasonable in him to decline the council 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 proper judges But it will be replied that the Act maketh them judges competent to all people spiritual or temp●…rall, in all matters, wherein they or any of them shall be apprehended summoned or charged. Answ. True, the act speaks so, in the general, & 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 ecclesiastic 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 Council. If it be replied again that the meaning of the Parliament 1584. was to give the council power in church matters, because this act was devised of purpose to hinder ministers to protest against the King & his counsel, 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 laws and acts, & can best explain the extent of their own power, and consequently can best declare what causes these are, of which, the Privy Council, 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 Privy Council 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 Committee of Estates there was a proclamation, which they caused be read, at all the church doors of the Kingdom 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 prophesy deceits: whereby 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 sermons & bring in any profane people they pleased for witnesses. By which means, 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 committee of Estates & by the Parliament, being imprisoned or confined and other ways hardly used though little of what was allaidged, could be proved against them. More over there 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 faithful & free warning, & to show the greatness of the sin of backslideing & defection from the cause and truth of God; & to protest publicly in a Ministerial way for his own exoneration, after the example of Samuel at the commandment of God, against the course of defection carried on, & all acts made, in prejudice of the covenanted work of reformation: for which cause he was summoned before the Parliament and at length condemned of treason & sedition only upon that acount, & thereafter 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. etc. be considered, which are these. 1. It is the duty of Ministers to give faithful warning unto people, Ezek. 3: 17, 22. 2. This was not to meddle with the polity, but with the abuse of it by men in power. 3. Rulers no less than others must be touched when they provoke God to wrath by their carriage, 1 Thes. 5: 11. jam. 5: 20. 1 Sam. 15: 14. Isa. 58. 1. 4. Then they should never speak to a hundred places of scripture, which do speak so directly against Magistrates abuseing their power. See what he sayeth further to this purpose there: in answering therest of the objections, & how he cleareth it from Act. 7: 51. Host 2: 1. Dan. 3. & 6. Act. 4. & 5. & 6. Host 4. 15. jud. 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 prison until the meeting of Parliament, & then receiveth summones of treason, to which when he had desired some time to answer, he is sent back to prison, & 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 shown, 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 & Council of Scotland could reach no further than their own bounds, & so could banish none any further than out of Scotland; they devise another way & draw up a bond where in the subscriber bindeth himself under the pain of death, to remove out of all his Maj. dominions betwixt & such a day & not to return without licence under the pain of death, & this bond, they caused the banished ministers subscribe, before witnesses; which they were all necessitated to do to save themselves from worse. Judge reader if this was not both cruel & 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 solemn anniversary thanksgiving, wherein they statute & ordain [That in all time coming the twenty ninth day of May (which was the day of ●…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 Kingdom, it be employed in public prayers, preaching, thanksgiving, & praises to God, for so transcendent mercies, & that all trade, merchandise work, handy-labour, & other ordinary employments be forborn, & the remaineing part of the day spent in such lawful divertishments, as are suitable to so solemn an occasion.] Unto which Act, many of the ministry did give obedience out of fear; But others could not in conscience yield thereunto: not only because, it is not in the power of any under heaven to appoint anniversary holy Days, 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 thanksgiving, set some time a pairt for these duties of praying, or rejoiceing, but then the time doth attend the duties called for, & the duties do 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 ●…states of Parliament of the Kingdom of Scotland, taking to their c●…sideration, the sad condition, slavery & bondage, this ancient Kingdom hath groaned under, durcing these twenty three years troubles, in which under the specious pretences of reformation, a public rebellion, hath b●…en by the treachery of some, & mispersuasion of others, violently carried on, against sacred authority, to the ruin & destruction, so far as was possible, of Religion, the Kings Maj. & his Royal Government, the la●…es, liberties, & property of the people, & all the public & private interests of the Kingdom; So that Religion itself— hath been prostitute for the warrant of all these treasonable invasions made upon the Royal Authority; And disloyal limitations put upon the allegiance of the subjects, etc.] 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, unless they would condemn all which had been done for twenty three years space, in carrying on of the work of Reformation, as being the height of treachery & rebellion, designedly & purposely carried on, under the specious pretexts of Reformation; And what faithful Minister durst adventure on that, to condemn King & Parliaments Church, & State, & themselves too as traitors & rebels, unworthy to live any longer? Can any expect that Ministers, before they be convinced of a fault should be so rash & unadvised, as to go to pulpits, with ropes about their necks, & declare, before all, that they had been so long (& possibly all their days, as to some young men) living a life of rebellion, against the lawful Magistrate, carrying on a course of ●…rebellion, to the ruin of Religion, King, & Kingdom? 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 compliance? 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 solemn thanksgiving, at his coming home; And Presbyteries, & Synods did cheerfully appoint days for that effect. That which the famous & learned Voetius observeth concerning such days in his Polit. Pag. ult. viz. That it may come to pass that the time when such an anniversary day should be keeped may be a time when God calleth for fasting, & mourning, than such may look for that woe: Isa. 22: 12, 13. As rojoyce when they should mourn: is considerable: & whether it was a fit season then to rejoice, 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 Saturday thereafter. Faithful Mr Guthry was put to death. And that also which he sayeth against Ministers keeping a sinful 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 public laws, resolved with the primitive Christians to hazard their reputation of loyalty (as Stillingslcet showeth in his Origines Sacra, Pag. 321.) rather then to countenance such impiety. SECTION VIII. The grounds why Ministers did resuise to go to the Prelates Courts, cleared. A Little after his Maj. return he was pleased to write unto the Presbytery of Edinburgh, (who were to communicate it unto the rest of Presbyteries of the Kingdom) a gracious letter, (as it was called) wherein he promised to own & to countenance the government of the Church as it was established by law, whereby many took him to mean Presbyterian government; But others feared a design to overturn Presbyterian government & to introduce Prelacy (as afterward it came to pass) & when the Parliament did rescind all acts, & statutes made in favours of Presbyterian government & did devolve the power of settling the government of the Church upon his Maj. they did by their, Act. 16. allow the present administration by Sessions, Presbyteries, & Synods for a time. But at length Mr jamessharpe (a man who had formerly been entrusted by several of the Ministry & confided in, as one who would prove most faithful unto the Presbyterian interest but now had betrayed his most intimat brethren, & laid down a course for overturning his mother Church & thereby declared that he was a most unnatural child of that Church) & other three Ministers with him went up to London w●… first being made & ordained Deacons, & after that Presbyters, they are consecrated Bishops, upon the— day of— 1661. & with all there is a proclamation from his Maj. of the date at Whitehall the 6 of September, Anno 1661. declareing, His Royal pleasure to be for restoreing of the government the Church by Archbishops & Bishops as it was exercised in the year 1637. & that he had nominated & presented people to the several Bishoprics of the Kingdom of Scotland of whom some have been lately consecrated & invested with the same dignities, Church power & authority which was formely competent to the Archbishops and Bishops in the Reigns of his Royal grand Father and Father of blessed memory, and that the allowance of Presbyterial government is now of itself void and expired, as being only for a time, etc. And so the jurisdiction and exercise of Church government should be ordered in there spective Synods Presbyteries and Sessions by the appointment & authority of the Archbishops and Bishops according to their privilege & practice. In obedience to which proclamation. The Privy Council, jan. 9 1662. did make public intimation thereof & discharge all ecclesiastical meetings in Synods presbyteries & sessions, until they be authorized & ordered by the Archbishops & Bishops upon their entry unto the government of their respective seas which is to be done speedily. Whereupon at the time of the meeting of the provincial Synods, noblemen & others were sent to raise them by force. But thereafter when these four return from London, & consecrat the rest, there were acts made in the second, session of Parliament viz. Anno 1662. redintegrating them to the exercise of their episcopal function, & to all their privileges, dignities, jurisdictions, & possessions due & formerly belonging thereunto: as also there is an act ordaincing all ministers to repair unto the diocesian assembly & concur in all the acts of Church discipline as they should be thereunto required by the Archbishops, or Bishop of the diocese, under the pain of being suspended from their office & benefice till the next diocesian meeting, for the first fault, & if they amended not, to be deprived, & the Church to be declared vacand. But notwithstanding of this act, all such ministers as resolved to keep a good conscience, did forbear to go unto these meetings, or unto the other meetings, which they call exercises, in which meetings, the prelate, & such as he named, did not only preside, but ruled as they pleased; Not only because the privileges of the judicatories were encroached upon, & wronged by the Prelate, presideing at his own hand, without the consent of the rest, contrary to the constant practice of that Church, & because a constituent member of these judicatures viz the ruleing elder was excluded, contrare to the principles of presbyterian government, the practice of that Church from the beginning, the practice of all other reformed churches, & of the primitive Church, & contrary to the judgement of many eminent divines both there, and abroad, who have clearly made it to appear out of the scriptures that Christ hath instituted such officers. (and these should have more weight, than those three mentioned by the author of the Seasonable case pag. 11. as of another judgement.) But also because these meetings now differ from the meetings & judicatories which the Church had before, not only in name (they being now called do●…sian meetings, & not Synods & Presbiteries) but also in thing. The former judicatories are razed, & overturned, & these new meetings are erected upon a new Basis the King's power & prerogative to settle what form of Church government he thinketh best; & they are now authorized & ordered by the prelate's: & so they are pieces & parts of the prelatical government, & therefore they are distinct from what they were before: So that no minister that made conscience of his covenant & vow for presbyterian government & against prelatical could with peace & freedom, keep or countenance these meetings. It is replied by the prelate's procurator, the new casuist in his pamphlet called the seasonable case etc. pag. 12. That the meetings now & before are of the same constitution, nothing altered, nor any more holding of Bishops now when the Kings Maj. hath taken off the restraint which for a time, he put on, then if he had not at all restrained them. But this is no satisfactory answer his meet deny all will not avail much with indifferent men of understanding, for the difference is clear: because 1. formerly, Church judicatories had power within themselves to nominat, & appoint their own moderator, now it is not so 2. Formerly, Church judicatories, & Church power, did flow from the Lord jesus Christ immediately, as being the only head of his Church, now they flow from another fountain: viz the King as the fountain of all Church power, & therefore is the government called his majesties government ecclesiastical in the Act of council july 10. 1663. & the prelates in the discharge of their office are said to do service to his Maj. in the Church in the act of council jan. 9 1662. 3. Formerly, Church judicatories did meddle with every scandal, now they must meddle with no more than the prelate pleaseth. 4. Formerly, presbyters had power to voice & to determine by their decisive suffrage, now they are but the prelate's counsellors, of whose counsel & advice he maketh what use he thinketh fit. 5. Formerly, there was none in those judicatories who had a negative voice, now the Bishop hath it, & the rest are but cyphers. 6. Formerly, in these judicatories there were ruleing elders: but now that constituent member is not admitted, which particular alone will sufficiently evidence that the face & frame of the judicature is altered. And since it is so; any man of understanding may easily perceive, such a difference as maketh those meetings now to depend upon the King: & upon the prelate, who hath a negative voice in them, & whose dioecesian meetings they are, being now modelled conform to the number of prelates, whileas before in some dioecies there were three provincial Synods. Moreover the passage which was cited before out of the Proclamation, jan. 15. 1662. cleareth this abundantly; for there it is said expressly, that the administration of the Church in the way it had been, (that is the administration of presbyterian government) is inconsistent with that which is now established, or Episcopal government; and the council is better to be believed then this man who speaketh without ground. again why did King & Council discharge those meetings, but because they were making way for the settling of Episcopacy? and finally why is the jurisdiction and exercise of Church discipline, which was allowed for a time, set in opposition, [to the jurisdiction & exercise of Church Government ordered in the respective synods, presbyteries & sessions, by the appointment & authority of the Archbishops, & Bishops thereof, according to their known privilege & practice conform thereto.] If not to clear this difference. He objecteth pag. 8. & sayeth [That the supreme Magistrate hath undowbted power to convocat synods, when he seeth it needful— & no protestant minister would refuise to come, at his command; nor is there any rank or degree of subjects, that can without the stain of sinful disobedience, refuise to meet upon his Maj. command, and ministers cannot plead exemption from the common duties of subjects] It is answered. 1. It is true ministers are subjects no less than others; & are obliged in conscience to subject themselves Unto the civil Magistrate, in the Lord, no less than others; But. 2. Neither ministers nor others are bound at the Magistrat's command to sin against God, it being always better to obey God then man & here in obeying this command, Ministers, should have hainonsly sinned against God, for. 1. They should have thereby acknowledged, upon the matter, that the Magistrates power, in Church matters, is such, as that, he may appoint what form of Government he will, which no presbyterian, in conscience, could yield to, without wronging of Christ, the head & King of his Church; as shall in due time be made further to appear. 2. They should have thereby testified, & acknouledged their approbation of Episcopal Government, contrary to their oath & subscription, for this was pressed as a badge of conformity, & sign of subjection unto Episcopal Government; as the Proclamation of the Privy Council before mentioned doth abundantly clear, & these meetings are mere episcopal meetings as is shown. 3. Ans●…as to the ground of the objection viz. That the Magistrate hath power to convocate synods; It would require a longer time than can be now allowed to discuss the same, & to try, how, & in what cases, it willhold good. But this is certain that the judgement of the Church of Scotland as to this particular, as may be seen in the Act of Assembly Anno 1647. approving the confession of faith, & prefixed thereunto) is that in Churches constituted (such as the Church of Scotland was) the Magistrates authority is not sufficient to call a Synod without any other call, that is, without delegation from their Churches, & that 〈◊〉 is free, to Ministers, to Assemble together synodically as well, prorenata, as at the ordinary times, upon delegaetion from the Churches by their intrinsical power received from Christ, as often as it is necessary, in case the Magistrate deny his consent] But be it granted (as in some cases it may.) Yet it will not follow that therefore Ministers were bound in conscience to have countenanced those meetings; and that for these reasons▪ 1. Because, these were no extraordinary Synods called by his Maj. prore nata. Nor. 2. Were they any of the former Synods, used while presbyterian Government was in force. But. 3. They were new meetings, upon new principles, having their rise from a new spring, & fountain, & constituted otherwise in a new form, and so, they were no meetings consonant unto the principles of presbyterian Government, but wholly dissonant, & meetings complying with, & flowing from, Episcopal power & jurisdiction, & ordered by prelatical authority & appointment. 3. Countenanceing of these meetings, upon the matter, would have been an assenting & consenting unto, the pulling down of presbyterian Government, which they were sworn to maintain. 4. Yea it would have been a fearful matter of offence & stumbling unto the godly & truly tender; & a hardening of others, who had complied; & withal a dangerous casting of themselves into temptation, as experience doth abundantly prove daily: and therefore this command could not be obeyed; for no command of a Magistrate can warrant any to sin, by doing that which is, in itself, sinful yea or what is a real ground of offence unto others (provideing the matter be not absolutely necessary, antecedently, unto the command of the Magistrate.) But he addeth [Is this rational that where two commands of the Magistrate are joined, the one undowbtedly lawful, the other dowbted of; that subjects should disobey the Magistrate in that which is clearly lawful, because ●…ey have a dowbt or uncleanness anent obeying him in the other command— had they come to the place it would protanto have showed their respect unto authority] Ans. It is a great question if this man speak rationally here: doth he think that the civil Magistrate did intend two commands in that one? he may as well say that he did intend twenty: will he so metaphysically anatomize the commands of counsels & Parliaments, as to render them ridiculous? would he have had ministers sporting & jesting in such a serious matter, with the supreme Magistrate? if the Ministers had comeed to town & seen what of the cloak it was, & then returned home, would this casuist have cleared them either protanto or prototo. Nay, he would without all doubt, have exaggerated that crime, as the height of contempt, & as an open preaching & proclameing of their contempt unto the world. But in such a sad declineing time the faithful ministers of Christ had some other thing to think upon, then thus to sport themselves, & mock authority by halveing orquartering the commands and injunctions thereof, & therefore would neither get on horse back, nor come half the way, not to the place apppointed, because they might not in conscience concur with the prelate there, in that dioecesian meeting, which was the only thing commanded, & their coming to the town, was no more commanded, (save as subservient thereunto) than their rising out of their Bed that morning, or their taking horse, etc. In the 3 place he addeth [What ground could they have for separation, from the Synod? is it the want of liberty to choose a moderator or is it that he who presideth is a Bishop, and claimeth more power than they can allow-as of a negative voice; or is it the want of unpreaching elders in the meeting?] It is Ans; Neither any of these alone, nor all of them together, are the full and complete ground; but this. That it is a meeting called together by the civil Magistrate, assumeing to himself, power to cast down the established government of the Church, & the primitive government, & to settle what kind of government he thinketh fit, as best complying with his own & his subjects humours, & who accordingly hath razed to the foundation presbyterian government, unto which, both he & all the lands were sworn: and is setting up prelatical government, against which he & all the lands have sworn, of which, these three particulars mentioned, are so many evidences: And that they are so, cannot be denied; for. 1. Whatever truth be in this assertion. That ecclesiastic judicatories have a divine warrant for chooseing their own moderator. This is clear & undeniable, that while presbyterial government was in its integrity & vigour, the assemblies of the Church national, provincial & presbyterial, had this privilege to elect their own moderator, & when ever prelates began to rise & get entrance in that Church, this encroachment among other she did suffer at their hands, for they knew that Invasio perpetuae dictaturae would be via ad Imperium. Constant moderators would usher the way for domineering prelates (as was shown Sect. 1.) And therefore this is a clear evidence of the change of the government from presbyterial to prelatical. further though that which Zepperus sayeth viz Presides ecclesiastici, etc. that is the moderators or precedents of the ancient counsels were some time named by the emperor be true; yet it will be a mere non sequitur to conclude thence, as this author doth viz That it is lawful for the Christian Magistrate, upon whom the external ordering of all the judicatories in his dominions depends, to nominat out of a meeting of ministers, convened by him, one of the number, to order the actions of the meeting, and by his authority to control the unruly, not only as being a concludeing of a general from a particular; but as being a putting into the conclusion, what is not in the premises, & a mixing of heterogeneous things together. What he meaneth by this external ordering of judicatories who can tell? unless it be all that power which ordinarily is exerced by a moderator; & will he say that the Magistrate ought to choose all the moderators? Hath the supreme Magistrate any more interest in those meetings, or hath he so much, as he hath in civil meetings? & doth he appoint all the mouths of these meetings? But have not Church judicatories within themselves, power for their own external ordering? who then ordered the Synod at jerusalem? Act. 15. To say the Magistrate was not then Christian & therefore it did not belong unto him, is enough to prove that it doth not belong to him as a Magistrate. But there is enough said to this here, which is but barely asserted by him without proof: And. 2. As to the next what ever be asserted concerning that which Mr Baxter & Mr Vines (as he reporteth of them) say, viz. [That for peace, presbyters may suspend the exercise of there just authority, and resolve to give to one person of their number a negative voice.] (though many more divines with greater reason think, that seeing God hath given them no power whereof they may denude themselves when they think fit, & suspend the exercise of at the node of any other, It cannot be lawful for them to give that negative voice unto any) yet this is undeniable. that there never was any such thing claimed by, nor granted to any, all the time that that Church enjoyed presbyterian government & it is as undeniable, that so soon as prelate's goat up, unto their chairs they challenged that negative voice to themselves, as their due, & took it whether presbyters would or not; & so have the prelates done to day; & therefore this concession of these eminent men were it never so true, as it is denied by many, is nothing to the point; for by this one particular, it is as clear as the noonday that the government is altered from presbyterian to Episcopal, & therefore though it be true that the personal fault of another cannot be a good ground for brethren's withdrawing from their duty; yet when by their concurrence to consult alone (when by God's law they have equal authority with any that sitteth there) they shall consent unto that change of government, it becometh sin & not duty: for now all presbyterian government is overturned, they see prelates set up as before; so that if they concur they cannot avoid sin. To say (as he doth a little before, pag. 8. (that it might be permitted to them if they intrested for it, to ease their consciences, by signifying their scruples, so be, they would do it with that inossensive modesty, humility and respect unto the supreme authority, & to the laws of the land is to please the simple (that believe every thing) with a fair word, for it behoved to be done with such in-offensive modesty, & humility, as no body should either hear or know of it, otherwise, they might be sure it would be accounted disrespect unto the supreme authority, & to the laws of the land & they might expect presently to be attached & processed. Lastly as to the 3 particular, whether the opinion of Mr Vines Mr Baxter & blondel (if he speak truth) in denying the divine right of ruleing elders, be assented unto; or rather the contrary opinion, which is owned by so many Churches & professors, & particularly by the Church of Scotland, from the beginning; yet this is clear that that Church had still such officers, so long as she was governed Communi consilio presbyteroruns: by presbyteries, & no sooner did prelates usurp the place, but they shouldered these officers to the door: and therefore this is another palpable evidence that the nature of these meetings is changed, from presbyterian to Episcopal, so that to concur, by meeting with the prelates at their dioecesian meetings, must be an approving of prelacy, & this cannot be done without perjury. But he objecteth pag. 12. Thus [Our worthy ancestors choosed rather to c●…curie with such meetings then to desert them] Ans: The case then, & now differeth far; for then these judicatories were standing when the prelates were brought in upon them, & Ministers were then bound to keep possession of their rights, so long as they could; & by meeting in the judicatories (there being no restraint laid upon them by law from speaking their mind freely & protesting as they saw occasion, as is now when such actings are declared treasonable & seditious) they were in a capacity to do something for vindicating of Church privileges at least for exonering their own consciences; Yea & for curbing, in a great part, the prelates power: Whence it was that neither the Prelates, nor the Estate did ever command Ministers to attend those meetings, but rather wished, with all their heart, that they had forborn to come; but now presbyterian government is quite overturned, all presbyterian assemblies are discharged, under the highest pain; & after prelates are advanced, & never till then, there cometh forth a new order for new meetings upon new principles, meetings otherwise constituted then formerly; in a word, such meetings, as did but serve to approve of & confirm prelates in their place & power, & therefore all were commanded by the Estate to concur with the prelates in their meetings under a penalty. So that it is but a mere falsehood, to say [that the meetings then & now are of the same constitution, nothing altered;] for, than they were hedges standing in the prelates way, though much weakened, by reason of the civil power opposeing; but now they are props to support & strengthen the hands of the prelates, as being wholly ruled & guided by them. By what is said, it is hoped, that tender Christians will see that there was no small ground of scrupleing at these meeting & that they will be loath, rashly to condemn such, as feared to transgress in the least, & resolved rather to suffer then to sin; seeing it is now beyond controversy that their concurring in those meetings, had been upon the matter a consenting unto, & an approving of prelatical government, upon which account alone, the faithful servants of Christ did refuise to concur. SECTION IX. The reasons why Ministers refuised to seek presentations & collations, cleared & defended. THus the Lord was pleased to keep his servants out of this snare, which the prelates had caused plet for their consciences; but there are others & stronger following. The Parl. in their second session An. 1662., made an act ordaineing, all Ministers who had entered to the cure of any parish within brugh or land in or since the year of God 1649. to have no right unto, nor uplist the rents of their respective benefices, modified stipends, manse or gleib for this instant year 1662. nor for any year following, unless they should obtain a presentation from the lawful patro●… and have collation from the Bishop of the dioecy where he liveth before the 20 of Sepr. next. for understanding of this, It would be considered. That before the year 1649. the Church was groaning under that sore oppression of laic patrons, having power to present Ministers unto benefices; and then the Parliament was pleased to discharge all presentations of Kirks & patronages whether belonging to the King, or to any laic patron, upon good & weighty grounds as the narrative of their 39 act March 9 1649. showeth in these words [The Estates of parliament being sensible of the great obligation, that lieth upon them, by the national Covenant, & by the solemn league & covenant, & by many deliverances & mercies from God, & by the late solemn engadgment unto ties. To preserve the doctrine and maintain and vindicate the liberties of the Kirk of Scotland, and to advance the work of reformation therein to the utmost of their power: & considering that patronages and presentations of Kirks, is an evil and bondage under which the Lord's people, and Ministers of this land, have long groaned, and that it hath no warrant in God's word, but is founded only on the commonlaw, and is a custom popish, and brought into the Kirk in time of ignorance and superstition, and that the same is contrary to the second book of discipline; in which upon solid and good ground, it is reckoned among abuses that are desired to be reform, and unto several acts of the general assembly: and that it is prejudicial to the liberty of the people, and planting of Kirks, and unto the free calling and entering of Ministers unto their charge.] And after this Ministers entered by the call of the people of whom they were to have charge. Now this Parliament will have this piece of reformation undone, & the Church brought back unto her old state of bondage, & so will have Ministers to seek for these presentations, & thereafter, to go to the Bishop for his licence & approbation to officiat & exerce the Ministerial function. But the faithful & zealous servants of Christ had not freedom nor liberty to do either of these, & therefore resolved to suffer, rather than to sin. They had not freedom to go to seek a presentation, for these reasons. 1. Because, they saw no warrant for such a way of entering into the Ministry allowed of Christ, or his apostles, nor practised many hundereds of years thereafter, and therefore toapprove of such a way had been a sin. 2. The Church had been long groaning under that oppression, & bondage, & was desireous to be rid thereof, at the very beginning, but could never obtain it until. An 1649 Now if they had obeyed this act. & submitted unto this oppression, they had consented unto the spoileing of the Church of her privileges, and had condemned that worthy & renowned Parliament, who were graciously moved of God, to take off this Yoke off her neck. 3. They should, in so far, have consented unto the defection now carried on; for this was a piece thereof. The restoreing of the Church unto her rights & privileges, was a part of the work of reformation yea & no small part thereof, & when this privilege is taken away, the work of reformation is in so far overturned; & therefore such as would have sought presentations, should have made defection themselves, & have consented unto, & approved of the Parliament in carrying on the work of defection, in so far. 4. By the 36 act of the first Session of this Parliament. It is ordained that the person to be presented shall in presence of the patron, or his attorney, and of the sheriff of the shire. Stewart of the Stewartry, or heritable bailie, or commissar of the bounds of it be in the country, and of the Magistrates of the brughs within the brugh before the granting, and their accepting of the presentation, Take and subscribe the oath of allegiance otherwise his presentation is null and void of itself. Now as shall be shown hereafter, no man could with a saife conscience, take that oath as it was tendered by this Parliament. 5. They should have thereby condemned the manner of Elections by the people, & consequently themselves, as being hitherto intruders because entering into the Ministry, without a lawful call, viz without the presentation of the patron. But it will be objected. That all the ministers of Scotland who entered before the year 1649. should by this means, be condemned as intruders, entering without a lawful call. Ans: Though patronages cannot but be condemned, as sinful, tending to ruin the Church, & to defraud her of much advantage (beside the spoiling & robeing her of her privileges & liberties, which are purchased to her, by the blood of Christ) because, the patron (who sometime, may be a profane person, & a persecuter) either hath not understanding, to discern the spirits, or will not make choice of the best & most able minister: Yet such as entered that way, before the year 1649. cannot altogether be condemned, partly because then the evil of it, was not so fully seen & perceived; partly because that evil had not been reform, & there was no other way of entry practised, o●… practicable by law; & so though they might groan under that burden; yet they could no●… get it helped; & so their fault was less than the fault of such would be, who have now seen this evil reformed & have seen (or at least might have seen) the evil of it, & have been called orderly & duly conform to the way of Election set down in the new testament, for imitation; how great should the guilt of such be, if they should now again lick up that vo●…ite, & submit unto that yoke? More may be said, for the justifying of those who submit unto a yoke, under which they were borne, & from which neither they, nor their forefathers were delivered, then of those who have been delivered & yet consent again to go under the yoke, & thereby do, betray the precious interests of Christ's Church, & with the rown hands, wreeth that yoke about the neck of the Church under which she had been groaning many a year before. It will be objected again. That they have already the consent of the people, being called by them before; & so the Church's liberties are preserved, & their entry is valid enough. Ans. It is true, they have had the call of the people; but that will not make their compliance with this course of defection, the less sinful; but rather the more; for by their taking presentations now, they do upon the matter declare that they were not duly called before; and so they condemn the way of entry by election, as not lawful, & say that the way of entry by presentations from patrons, is the only lawful way: for the patron's presentation is not cumulative unto, but privative & destructive of the people's liberty of free election; because where patrons do present, the people's suffrages are never asked; & where people have power to elect, patrons have no place to present: so that the one destroyeth the other; & therefore if any who have been called by the people & freely chosen should now take presentations, it would import that in their judgement, they were never duly called till now, & this were to annul their former election which they had from the people. Next (which was to them of greater moment) they could not with freedom of conscience, go to the prelate & seek collation, for these reasone●…. 1. Because there is no war●…and in all the word of God for any such thing, no command for it, no precedent, or example of it, & Christian Ministers must walk by the ●…ule of the word: now the scripture showeth no difference betwixt a call & a mission, but both are one Rom. 1: 1. Luk. 6: 13. Act. 15: 25. & their ministry being a work, 1 Thes. 5: 12, 13. 1 Tim. 5: 17. 1 Cor. 3: 6, 7, 8, 9, 10. 2 C●…r. 6: 1. & they called workmen, Mat. 9: 37, 38. stewards, 1 Cor. 4: 1. Wachmen, Ezek. 3: 2. Isa. 52: 8. Shep●…erds, Ephes. 4: 11. Overs●…ers & the like, 〈◊〉. 1: 5, 7. Act. 20: 28. Heb. 13: 17. Act. 15: 22. their very c●…ll conferreth the power & layeth an express obligation on them to perform the work, otherwise by their call & ordination they should only receive a disposition for the work. See much more to this purpose in Voetij desperata causa papatus against jansen: the papist lib. 2. Sect. 2. Cap. 17. 2. By this means, they should have condemned themselves, as not being lawful ministers before, or at least not such ministers, as might lawfully exerce the office of a minister. 3. They should in effect, have annulled the ordination which they had by the imposition of the hands of the presbytery; because by their deed they should have said, that not withstanding of that ordination, they had no power, to exercise the office. & thus, 4. They should have mocked this ordinance of Iesu●… Christ, of solemn setting apart one for the work of the ministry, by saying in effect that it is but a mere blind; for notwithstanding that one be solemnly ordained by the presbytery, according to the primitive pattern; yet the person ordained must have his recourse unto another, in a superior order, for liberty to put in exercise what he hath gotten in potentia or in Actu signato, the like whereof cannot be shown in all the scriptures: where read we that ever any who was ordained by a presbytery, might not exerce the office without a new licence from some other? to what end serveth ordination if it be not for setting of one apart for the work? That office or power is a cipher & altogether useless which cannot be exercised, & is not like an office or power granted by jesus Christ. 5. By this means, they should fully acknowledge the power & authority of prelate's over presbyters, & so subscribe unto their jurisdiction & acknowledge them to be lawful officers of Christ's house, & upon that account, submit unto them, which were point blank co●…ary to their vow & Covenant. It is objected against this by the author of the seasonable case pag. 15. That thereverend people instructed by law, to call for that promise from ministers, do not search into men's apprehensions concerning the grounds of their power: all they seek of them, is obedience to them, in things lawful and honest, as being presently in power, being by law ordinary overseers of the ministry in their duties, and chief ordainers of them who enter into the ministry, Ans. There is enough here to deter any from this business for. 1. There is no warrant in the word to own them as chief ordainers; there are no chief & inferior ordainers mentioned in the word; this than must be a fiction & a humane invention, which no minister must acknowledge; for all must go to the law, & to the testimony 2. nor is there any such power known to appertain to any man, to be an overseer of the ministry. It is true the spirit of the prophets is subject to the prophets; but there is no warrant for a Bishop over Bishops, or for such an officer as is to oversee the ministers: No officers must be owned in Christ's house but such as are of Christ's own appointment. 3. And any other law cannot be owned in those matters. Though the law of the land should give to any such a power, subjects are not for that, obliged to acknowledge & approve of them, as such: The municipal laws of a land will not warrant any new office or officer in Christ's house. It appertaineth alone to Christ as King & head of his own house & Church to institute his officers: And it is a fearful encroaching upon the privileges of the crown of Christ, for any state or potentate to take upon them to appoint such offices & officers, as Christ hath not apppointed. Therefore whether those people (reverend or irreverend all is one) that are so entrusted by law, to call for such promises & engagements, do search into men's apprehensions, concerning the grounds of their power, or not; yet the very promiseing of obedience in things lawful (for in things unlawful, obedience must not be promised to any lawful power under heaven) is an acknowledgement of the lawfulness of their power, & of subjection as due unto them, & an owneing of them as lawful officers, lawfully installed & authorized, & because this could not be done, therefore neither could the other be done. He replieth. 1. It is not obedience under a reduplication, and as formally obedience, they call for, If it be obedience material they are satisfied Ans. And what more doth the most lawful power under heaven ask do they search into the principles of men's doing such & such acts? do they examine the reduplications under which they act? But. 2. Whether they call for it under that reduplication or not, It is real obedience they call for, and. 3. The promiseing of obedience, under whatsoever reduplication hath in its bosom, an acknowledging of the lawfulness of the authority calling for such obedience. He replieth. 2. Suppose it were so, that obedience as formally obedience were required; yet it were hard to say, it could not be promised, or that it could not be acknowledged that they have any la●…full authority, for looking upon them as the Kings Maj. commissioners in causes ecclesiastic, for regulating the external order of the Church in their several bounds, and impowered by the law of the land, so to do, the strickest presbyterians will not find ground to disowne their office in that consideration Ans. Then. 1. Prelates are nothing else but the Magistrates commissioners, & have no power or authority jure divino by any warrant of God's law, more than any other of the Magistrat's commissioners. 2. whence had the prelates, in the first three hundred years (if so be there was any such, as this author is bold enough to affirm but faileth in his undertaking to prove it) their commission? had they it from Nero, & the rest of the persecuting heathenish Emperors? and if they had no commission from them, whence had they their power? or by what commission did they act? or how could they be Bishops without such a commission? How will this advocate extricate himself out of these difficulties & evite a contradiction? But. 3. If they be the Magistrat's commissioners in causes ecclesiastic their power must reach no further than the Magistrates power doth, in Church causes, viz the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or his external order. If he stretch it no surder. How then cometh it to pass that they meddle with more than what concerneth the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or will h●… say that all the causes which prelates as prelates meddle with, are but such ecclesiastic causes As are for the regulating the external order of the Church? Then he must say that their chief power in ordination, their chief (if not, only) power in jurisdiction, floweth from the Magistrate, & by virtue of his commission they act in that sphere & capacity: and if he say so he speaketh plainly, but without any ground in the word: for then Magistrates might ordain alone, at least have a chief hand in ordaineing with others; for what they may commissionate others to do in their name, they may do themselves: But how or what way shall we see this proved? Where will he show any example of any Magistrate, as such, ordaineing or deposeing Ministers, censureing or excommunicating Offenders, since the World began? What a wild notion must this be then? And if this be the Basis which is so rotten let any judge what the superstructure must be. It were tedious here to launch forth, into this debate concerning the Magistrates power in Church matters: But sure, it was never the doctrine of the Church of Scotland, no●… of any reformed Church, that what power the Prelates challenge to themselves as such, did primarily belong unto, & reside in the hand of the civil Magistrate, & might be derived by commission from him, unto them: And this must be granted as a truth, if it be once said that prelates Act in Church matters, by virtue of a commission from the supreme Magistrate: for a commission is distinct from a command, the supreme Magistrate may command ministers to preach & baptise & do what himself cannot do, & for the doing whereof ministers borrow no power from him: but he cannot propperly give them any commission for that effect: The giving of a commission importeth the conveyance of a power, for effectuating that which is to be done by the commissioner, and that the person granting the commission might himself do that which he commissionateth others to do. See this consequence fully cleared by famous Voctius Polit: Eccles. pag. 146. arg. 12. But now if there were no more to hinder any from acknowledging such a power in the prelates this is sufficient, that it is granted they have all that power over presbyters by being his Maj. commissioners, & that they have all that power derived from him; & consequently, that they have no such power at all: because he from whom they derive that power by a commission hath no such power himself: The confession of faith of the Church of Scotland acknowledgeth no such power in the civil Magistrate. The scripture●…, by which all are to regulat their actions in the Church of God, giveth warrant for no such power. No reformed divine (except Arminians & Erastians') doth acknowledge any such power; nor any confession of faith of any of the reformed Churches. Behold then Reader & see what monsters the Prelates are, swollen up to that bigness, with mere wind & fancies; & observe by what art they ascend, They make the supreme Magistrate believe that all the power belongeth unto him to the end, he may devolve it back again over on them by a commission, & so authorise them: according to that. Tu facis hunc dominum te facit ille deum. Thus you see they derive their power a non-habente potestatem. from such as have it not to give: therefore their commission is simpliciter null, & cannot be acknowledged by any faithful minister or Christian: Nor can their power be submitted unto. And hence also it is clear what reason these honest Ministers had to refuise, this acknowledgement, & not to take the canonical oath: which was so contradictory unto the oath of the Covenant. But he replieth [That there is no contradiction betwixt the covenant and that canonical oath, or promise of obedience to the prelate because Timorcus (who is tender in the matter of oaths) maintaineth that the ministers who of old took the canonical oath, did not swear the contradictory there to when they took the covenant wh●…nce it will follow necessaryly, that they who have taken the Covenant do not contradict that oath, if they should take the oath of canonical obedience] Ans. Though this canonical oath should not contradict the second article of the league & Covenant, yet there is good cause why it should be refuised, as hath been shown, and further what warrant is there for any to require such an oath? Oaths must be warranted by the law of God, & there must be a law for imposeing, & so for taking of the oath. It is true Magistrates may impose an oath upon their subjects, & so upon ministers, as well as others, in things not sinful; & when necessity calleth for it; but that the Magistrate may give unto any of his subjects such a power as he hath not himself, & empower that subject to impose an oath upon others, to acknowledge him to be lawfully so impowered, & to obey him as one lawfully so impowered, will not be so easily granted without proof, which will not be seen in haste, it being so contrary to the word of God. But 2. The taking of this oath, & promiseing obedience unto them, is point blank contrary unto the league & Covenant, sworn & subscribed. And that because by the covenant they are sworn to endeavour, in their places & callings the extirpation of such Church officers as Bishops & Archbishops, & this is inconsistent with any owneing or acknowledging of them, under that notion; and if any should promise obedience to them as Archbishops, or Bishops is it imaginable how that withal they should not own & acknowledge them? what more owneing & acknowledging can they desire, than submission & a promise of obedience in all things lawful. 2. And he hath a fancy (I shall not say a judgement) strongly prepossessed with prejudice at truth, who can say, with this author that [it will be hard to find out a contradiction there, either in terms or by necessary consequence] for a stronger contradiction is hardly imaginable then betwixt an edeavour to extirpate such or such governor's; and a humble submission unto, & acknowledgement of their power, with a promise of faithful obedience there unto: for he who is bound to endeavour to extirpate them, must never own them as lawful officers lawfully impowered, he must never submit unto them nor promise obedience unto them; for a promise of obedience, is a promise of owneing of them, as lawful officers. & so a promise of defending them in their place & power, in a lawful manner: and this is diametrically opposite unto an endeavour to extirpate them. 3. As for Timorcus whom he looketh on as favouring his conceit, it will be found after try all, that notwithstanding of that which he granteth, yet he is of an opinion contrary to this author, as any may see, who will take a vieu of his answer unto that part of the objection (which he is about to answer in cap. 7.) which concerneth the oath of canonical obedience. The objection is this. The league & covenant is contradictory to other oaths sworn before, such as the oath of canonical obedience, & therefore is void ipso facto. To which he answereth. 1. Thus suppose (& his supposal is an assertion if he speak to the point) That upon mature deliberation the Ministers that subscribed that oath, find that it was an unlawful oath, as obliging them to the acknowledgement of such a power in the Church, as is by no means allowed, in the word of God, they are in such a case only obliged to be humbled for their rash subscription, & taking of that oath, & their second oath will hold valid against them] this is his first answer: And. 2. He sayeth [suppose that the oath of canonical obedience, was imposed without authority of Parliament & the Parliament, as soon, as they took notice of it, declared their dissent to it, & to all oaths imposed without their authority, certanely this should go farrwith them who make the like plea against us, as to the obligation of the covenant.] This is his next answer, by which you may see; he looketh upon that oath of canonical obedience, as peccant both in matter & form, & that therefore it hath no force to annul the oath of the covenant, which were to no purpose if he looked not on that oath, as contradictory to the covenant. But then 3 he answereth [We will for once suppose the oath materially good & lawful, as to the efficient cause, yet certainly the oath is irritated & made void by the Parliaments taking away of the matter thereof] Here he giveth, but granteth not, that the oath of canonical obedience was lawful, & yet he asserteth that notwithstanding thereof, the covenant might have been sworn & stood to, because the former oath was null, so soon ever as the matter of it was taken away by authority, & that sayeth that the matter of that oath standing viz prelay, & prelates not taken away by authority, the swearing of obedience unto them is inconsistent with swearing to endeavour to extirpate them. It is true he addeth these words. Nor do we understand how any person, by 〈◊〉 promise or oath to be obedient in things lawful & honest, to this or that government, doth oblige himself whatever evil he seeth in such a governor, either through want of just title, or male administration of his trust never to endeavour to free himself from that servitude. But thence it will not necessarily follow, that they who have sworn the covenant should not contradict the same if they should now take the oath of canonical obedience. Because, the oath to endeavour to extirpate, includeth a not giving obedience unto them, as a general includeth a particular, so that he who hath sworn to endeavour their extirpation, hath sworn withal never to obey them as lawful governor's: And so there is a contradiction betwixt the canonical oath, & the covenant. The Covenant bindeth up such as have taken it, from the canonical oath, though the canonical oath could not bind up their hands from the covenant, partly because it was sinful upon the matter, & unlawful as to the power imposeing: & partly because though it had been lawful both as to matter & efficient cause yet the matter being taken away, the act about that object did cease. So sayeth Timorcus. But whether it be so, or otherwise, it is all one now to the purpose in hand; for the covenant being now taken, any such oath which had been un lawful before becometh much more un lawful now; & carrieth a contradiction to the covenant in its front. Thus thou seest what cause the precious & worthy servants of Christ had to refuise obedience unto that act what ever suffering might follow thereupon, & indeed sore were the sufferings which did follow, for on the first of Octob. there is an act of council at Glasgow, prohibiting & dischargeing all these ministers who had contraveened the foresaid act of parliament to exerce any part of the function of the ministry at their respective churches in time coming, which are hereby declared to be vacand, and that none of their parishioners, who are liable in any part of their stipends make payment to them of this instant crop & year 1662. or in time coming, as having no right thereto, and that they do not acknowledge them for their lawful pastors in repaireing to their sermons, under the pain of being punished as frequenters of private conventicles & meetings; & commanding & chargeing the said's Ministers to remove themselves, & their families out of their parishes betwixt & the first day of Novemb. thereafter, & not to reside within the bounds of their respective presbyteries] This was very sad, threatening no less than ruin to Ministers and their poor families, to be put from their houses in the midst of winter; to seek new places of abode not having the small stipend which was due to them, allowed, for to transport their families with all, or to provide themselves in necessaries. But yet they resolved to cast themselves on God's providence, trusting in his word accounting it better to suffer affliction with the people of God, & to enjoy peace of conscience; then to enjoy the pleasures of sin for a season; and accordingly did remove themselves: By which means there were some hundereds of parishes left destitute & the shepherds were scattered up & down the land, seeking a sheltering place for themselves. It was a sad & lamentable sight to see the sad farewell betwixt the loving pastor & his beloved floke, & the tears, the cries, and the bitter groans that were there: Now were the breasts pulled from the mouths of the young infants, the table was drawn, & the people were made to wander up & down the mountains seeking the word of the Lord, & could not find it, they had silent Sabbaths & empty pulpits, some country sides were hereby laid utterly desolate: And what could these faithful Ministers do in this case, but sigh, & groan to God seeing they could not in conscience yield obedience unto these commands: & therefore they resolved to be subject for conscience sake, and to submit unto the punishment of banishment out of the bounds of the presbytery where they lived (which was afterward made more sad, for they were commanded to remove Twenty miles from their own parish Church, Six miles from a a cathedral, & three or four miles from a brugh) Now judge o reader whether this cruelty would not have more beseemed Turks, & how little cause there was for all this severity & rigour to Ministers, who had been endeavouring with some measure of faithfulness On their part, & fruitfulness through the Lor'ds blessing on their labours, to enlarge the Kingdom of jesus Christ, & to build up poor souls in their most holy faith, because they would not give obedience unto such Acts as were but snares for the conscience; & to which, obedience could not be yielded, without sin. SECTION X. The oath of Allegiance explained as to its civil part, & some reasons Against the taking thereof, even upon that account, adduced. The act rescissory & his Maj. prerogative canvassed. AFter that there were some other Ministers, whom the forementioned Acts did not reach, removed out of some of the chief cities Brevi manu, without any process; There are some ways devised how more of these might be removed with some colour or pretext, & therefore some Six or Seven were called before the Parliament at their second session, and because they refused to take the oath which was tendered, they were sentenced with banishment by act of Parliament, & ordained to remove off the Kingdom so soon as his Maj. commissioner should signify his mind the reanent. But this sentence was not put in execution possibly because they saw an inconsistency betwixt this deed, & an Act which they had made the former year in their first session, By which all such as refuised to take that oath, were to be uncapable of any public trust, & to be looked upon as people disaffected to his Maj, authority & government, & this was all. But in Decemb. 1662. The privy council called some other Ministers before them & tendered the oath unto them & because of their refuiseing of the same, they banished them out of all his Maj. dominions & then gave them a bond to subscribe, wherein they did bind themselves to remove out of all his Maj. dominions within a month, & not to return under the pain of death, otherways they would commit them to close imprisonment, & there keep them until they had occasion, to send them elsewhere. Whereupon these Ministers saw a necessity of subscribing that bond of banishment; Though it was very hard to bind themselves to remove within so short a time, & that in the midst of winter. But strange it is, that when the King himself, by his oath at his coronation is bound to rule the land, by the laws, and constitutions received therein This his council (which by the fundamental laws of the land (as appeareth by the 12 Act of the 2 parliam. of King james 4. whereby they are first established) is to give his highness a true and essauld counsel in all matters concerning his Maj. and his realnie, and to be responsal and accusable to the King and his estates of their counsel, & so is a judicatory subordinat unto the Parliament & accountable to & censur able by them) would banish such as the laws of the land, did not account worthy of banishment: & whether they would do right if they should punish with death such a fault as by the Established laws of the land deserved only to be punished by a fine or a sum of money, let lawyers judge, & whether this be not an arbitrary illegal power which they have assumed, any that considereth what is said, & the act 27. of the 2. Parliam. of Char. 1. may judge: & possibly it was for this cause that they resuised to give an extract of their sentence, although it was humbly craved. But to clear what good grounds there were & yet are for refuiseing to take that oath. Let first the oath itself be considered & compared with the former oath of allegiance. The oath now tendered is thus worded in the acts of this Parliament several times. ay, for testification of my faithful obedience to my most gracious & redoubted sovereign, Charles King of Great-Britaine france & Irland, etc. affirm, testify, & declare, by this my solemn oath. That I acknowledge my said sovereign, only supreme governor of this Kingdom, over all people, & in all causes, & that no foreign prince, power, or state, or person civil or ●…elesiasticke, hath any jurisdiction, power, or superiority, over the same, and therefore do utterly re●…nce all for●…aigne power, jurisdictions & authorities, & shall at my out most power defend, assist & maintain his Maj. jurisdiction fo●…elaid against all deadly & shall never decline his Maj. power & jurisdiction, as I shall answer to God. This is the oath which they call the oath of allegiance: but is indeed very far different therefrom as will easily appear to any who will compare the same with that oath of allegiance, which King james treateth of in his dialogue called God & the King lately reprinted & published by his Maj. royal procla●…tion for the instruction of all his subjects, in their duty & allegiance for thus is that oath worded. ay, A. B. Do truly & sincerely acknowledge, profess, tostifie & declare in my conscience, before God, & the world that our Sovereign Lord King james is lawful and ●…ightfull King of this realm, & of all other his Maj. dominions, & countries, & that the pope neither of himself nor by any authority, by the Church & see of Rome or by any other means with any other, hath any power or authority to depose the King or to dispose of any of his Maj. dominions, or Kingdoms, or to authorise any foreign prince to invade or annoy him or his countries, or to discharge any of his subjects, of their allegiance & obedience to his Maj. or to give licence or leave to any of them to▪ bear arms, raise tumults, or to offer any violence, or hurt to his Maj. royal person state or government: or to any of his Maj. subjects, within his Maj. dominions. Also I do swear from my heart, that notwithstanding any declaration or sentence of excommunication or deprivation made or granted, or to be made or granted, by the pope or his successors, or by any authority derived or pretended to be derived, from him or his see, against the said King, his 〈◊〉 or successors, or any absolution of the said's subjects from their obedience: I will be●… faith & true allegiance to his Maj. his airs & successors, & him & them will defend to the uttermost of my power, against all conspiracies & attempts whatsoever, which shall be made against his or their people, their crown & dignity, by ●…easone, or colour of any such sentence, & declaration, or otherwise; & will do my best endeavour, to disclose & make known, unto his Maj. his airs & successors, all treasons, or treitours, or conspiracies, which I shall know or hear of to be against him or any of them. And I do further swear that I do from my heart abho●…e, detest, & abjure as impious & heretical this damnable doctrine, & position. That princes which be excommunicated or deprived, by the pope may be deposed, or murdered by their subjects or any other whatsomever. And I do believe, & in conscience am resolved. That neither the Pope, nor any person what somever, hath power to absolve me of this oath, or any part thereof, which I acknowledge, by good & lawful authority, to be lawfully Ministered unto me. And do re●…unce all pardons & dispensations to the contrary. And all these things I do plainly & sincerely acknowledge, & swear according to these express words, by me spoken, & according to the plain & common sense & understanding of the same words without any equivocation or mental evasion, or secret reservation whatsoever. And I do make this recognition & acknowledgement heartily, willingly, & truly upon the true faith of a Christian. So help me God. This is the oath of allegiance & how far it differeth from the former which was lately tendered, is easily discerned. These few words in the short oath [only supreme governor in this Kingdom over all people, & in all causes] contain the main difference betwixt the two, & the main grounds of scruple; for they hold forth two things. The King's supremacy in matters civil, & his supremacy in matters ecclesiastic. It is true Ministers ought both to be (& to carry duti fully as becometh) subjects, & to refuise nothing lawful, which is▪ required of subjects: but oaths, being matters about which much tenderness & carefulness ought to be used, it becometh Ministers to look well to this & not to engage in any oath rashly: Advisement & deliberation is most requisite here, especially in a time when snares abound, & when there is good ground to suppose, that the oath is tendered of purpose to be a snare to the conscience. The oath as to it is substance, or main thing intended, (which lieth wrapped up in those few words last cited,) is not, (as is obvious to any) so clear as oaths ought to be; yea the imposers themselves will not deny this; but are forced to acknowledge, that as it is worded, in respect of that part thereof, which is only scrupled at, & which containeth the substance & main thing intended, it is at best ambiguous, & general: & for this cause (if there were no more) every Christian ought to forbear to swear the same: And that because, every oath must be sworn in truth, in judgement, & in righteousness jer. 4: 2. but an unclear & ambiguous oath cannot be sworn in truth, because it hath no truth in it; for what is ambiguous is not true, as doctor. Sanderson sayeth the jur: promis: oblige. prael. 6. §. 10. a preposition of an ambiguous & indefinite sense, before the matter be distinguished, is not a true proposition, yea nor a proposition at all▪ for a proposition, as its definition cleareth, should signify either a truth or a falsehood, without any ambiguity And therefore this proposition that the King is only supreme governous over all people, & in all causes being ambiguous till it be clare by some distinctions, cannot be sworn, in truth, because the truth thereof cannot be known: Nor can it be sworn in righteousness, because such as swear it cannot be sure but that in taking that oath, they may be wronging others, wronging Parliaments, & which is worse, wronging the Lord jesus Christ, who is King & head of his Church. Nor can it be sworn in judgement, because its meaning cannot be known. But now seeing the oath, in respect of its substantial part as it is now worded is ambiguous & unclear▪ reason would require that the tenderers thereof should explain the meaning thereof & make it as clear as may be: But when this is refuised what can such do who are pressed to take that oath; but refuise the same; partly because of its ambiguity, & partly because, by the sense, which by their other Acts & Actings, they who tender it, do put upon it, it appeareth to to be most unlawful: all divines & casuists do grant that an oath must be taken in his sense & meaning in whose favours & for whose sake & faifty it is conceived & who tendereth it: And therefore it is not only lawful but necessary to inquire what sense the Acts & Actings of the Parliament, do put upon it. And as to the civil part of the oath (which here is to be examined) no other explication needeth to be enquired after then what they give forth in their Acts on record; all which to cite here, at length, would be tedious. The citeing of the acknowledgement of his Maj. prorogative, (which is a part of the 11 Act, Anno 1661. & where the substance of many preceding Acts is summed up) will be a sufficient evidence, and here it is declared. That it is an inherent privilege of the crown, & an undowbted part of the royal prerogative of the Kings of this Kingdom, to have the sole choice & appointment of the officers of state, privy counsellors, the Lords of the Session; That the power of calling, holding, and dissolving of Parliaments, & all conventions, & meetings of the estates, doth solely reside in the Kings Maj. his hairs & successors, & that as no Parliament can be lawfully keeped, without special warrant & presence of the Kings Maj. or his commissioner; so no Acts nor statutes to be passed in any Parliament can be binding on the people, or have the authority & force of laws without the special, approbation of his Maj, or his commissioner interponed thereto, at the making thereof; that the power of arms, making of peace & war, & making of treatjes & leagues, with foreign princes or states, or at home by the subjects among themselves, doth propperly reside in the Kings Maj. his heirs & successors; & is their undowbted right, & theirs alone; & that it is hig●… treason in the subjects of this Kingdom, or any number of them, upon what soever ground to rise or continue in arms, to maintain any forts, garrisons, or strengths, to make peace or war, or to make any treaties or leagues with foreigners, or among themselves, without his Maj. authority first interponed thereto. That it is unlawful to the subjects of whatsoever quality or function, to convocat, conucen, or assemble themselves, for holding of Counsels, conventions, & assemblies to treat consult & determine in any matters of state, civil or ecclesiastic (except in the ordinary judgements) or to make leagues or bonds upon whatsoever colour or pretence without his Maj. special consent & approbation had thereunto. That the league & covenant and all treaties following there upon, & Acts or deeds, that do or may relate thereunto are not obligatory;— & that none of his Maj. subjects should presume, upon any pretext of any authority whatsoever, to require the renewing or swearing of the said league & Covenant, or of any other Covenants, or public oaths concerning the government of the Church & Kingdom, and that none offer to renew or swear the same, without his Maj. special warrant and approbation. This acknowledgement doth sufficiently clear what that supremacy in civil matters is which they grant unto the King as his due, & which by this oath, they would have all to acknowledge also: So that there is no great difficulty to clear the grounds ofscrupleing at this oath even upon this account, & to show that such as have refuised the same cannot be accounted disloyal: for all indifferent people will see that there both was, and is good ground to scruple at this oath thu●… sensed by this act, if they shall consider these ten Particulars following, 1. The Parliaments of Scotland from the beginning have been partakers & fellowshareiss of supremacy, with the King: & the Kings of Scotland never were the sole subjects thereof as appeareth by their appending of their own seal with, & distinct from the King's great seal, in treaties with foreign princes & in some important acts & sentences at home, of which there is one instance yet on reco●…d in the acts of Parliament viz: act 112. Parl. 14. King. ●…am. 3. 2. The Parliaments of Scotland have had the power of settling the government: for they did willingly swea●… to Fergus and his posterity: & and when he died & left two young sons ●…erlegus & Mainus both unfit for government they resolved upon a new course. That neither a child should govern nor yet their oath which they made to Fergus be brocken, which was this. That when the King's children were young at their father's decease, some other of the posterity of ●…ergus fit for governing, should be chosen who should rule the Kingdom all his days (which law continued 1025. years until the reign of Kenneth the 3.) and accordingly when Fergusius died they choosed Fer●…haris, & when ●…erlegus came to age, he desired to be put in possession of the Kingdom, but it was refu●…sed, so long as Feritharis lived. And when Cotb●…edus died they passed by his soon C●…tbred & made choice of Darda●…us the grand child of Metellan, & thus did they always unto the days of Kenneth the 3. Epropinquis (sayeth Buchanan in vita 〈◊〉] Regum defunctorum, non proximos sed maxime idoneos, modo a Fergusio primo Scotorumrege essent oriundi; eligere consueverant] And who but they, did condescend to that law at length that the King's eldest son should be called prince & should succeed, & if the son died before the father, than the grand child should succeed unto the grand father, & that if the King died leaving a young child to be heir of the crown a regent should be chose to manage the affairs of the Kingdom dureing his minority, till he were 14. years of age at which time he might choice his curatours: was there ever any such thing concluded without the Parliaments consent? 3. The Parliaments of Scotland have had a great share of the legislative power. Therefore the laws are styled the acts of Parliament, & not the acts of the King, & they are said to be enacted by the Estates of Parliament. So do the many explicatory acts witness that they share in the supreme power of interpreting the laws of the land, which demonstrateth their legislative power and both these are no small part of supremacy. 4. In the time of Finnanus the 10 King there was a law made [Ne quidreges, quod majoris esset momenti nisi de publici coucilij authoritate, juberent, that Kings should command nothing in matters of any moment but according to the authority and command of Parliament.] And so when Milcolumbus the 92. King was giving away, for peace with England, Northum Berland the Estates were against it denying. [jus esse regi quicquam de sinibus regni detrahere, nisi omnibus ordinibus consentientibus. That the King had any power to give away any part of his dominions without the consent of all the Estates of Parliament. 5. The Parliaments of Scotland have regulated the actions of princes & have censured & punished them for enormities: let the lives of Thereus, Durstus, Ethus, Luctatus, Mogaldus, Conarus, Constantin, Ferchardus, 1. Ferchardus, 2. Eugenius, Donaldus, 8. Culenus, & others recorded by Buchanan in his chronicles be seen, & considered, & the power of the Parliaments of Scotland over their princes will easily appear. So at that Parliament in which King james the 6. was created King, & the Earl of Murray settled in the regency, it was debated what course should be taken with the Queen concerning whose access unto her husband's death there were such shrewd toakens. And some voted that justice should be executed upon her, and others that she should only be keeped in prison: see Buchan, lib. 19 6. The Parliaments of Scotland have had express power in some cases to withstand & resist even by arms, the King, if he should break treaties of peace, made & concluded by him & them, with foreign princes & states; as is yet to be seen extant in the records of their old treaties of peace with England and France. 7. The Estates of Scotland wrote unto the Queen An. 1559. Oct. 23. thus Ex literis tuis ac mandatis, etc. Buch, lib. 16. that is [By your letters & mandates sent us by a herald we understand how obstinately you are set against piety towards God, and the public good of our nation, & the common liberty of all. But that we may, according to our duty, defend all these. We in ●…e name of our Kings do suspend & prohibit all that public admininistration titles and superiorites, which you take upon you being certanely persuaded that those things which you ●…ow do, are contrary to that constant good will which Kings have carried towards the welfare of this Kingdom: And as you do 〈◊〉 lo●…k, upon us as lawful subjects of this Kingdom, and as a la●…full Parliament; So nor do we look upon you as regent or as exer●…ing any public Magistracy: Especially, seeing your p●…wer (if there be any such committed unto you) is upon good & weig●…ty reasons suspended by us, in the name of the Kings of this realm. So Anno 1567. they put the queen regent mother to King james from her regency which deed of theirs is fully vindicated by the earl of Mor●…on in his discourse to the Queen of England, a part whereof out of Buch: Lib. 20. because useful both for clearing of this particular, & some others before mentioned shall be here transcribed. Primum Factum ipsum, etc. As for the deed itself of punishing Kings or queens: The ancient custom of our predecessors, will not suffer it to be accounted new, for it were not necessary to enumerat how many Kings have been punished by death, ●…onds, & exile by our nobles, far less were it necessary to confirm this deed of ours by foreign examples, seeing there are so many, so obvious in ancient histories. But now the nation of the Scots have been a free nation from the beginning, & have made Kings to themselves upon these conditions, that when necessity required they might dethrone them, of which there are many footsteps remaineing fresh unto this day, for in the isles about & in many places of the continent in which the old language & laws had any abode, this custom is followed in the chooseing of their governor's, to this day: And the ceremonies used at the coronation of Kings, do clearly demonstrat that the government is nothing else but a mutual stipulation betwixt King & subjects as also the constant tenor of the ancient law by which Kings were inaugurated, which remaineth unchanged in the least, to this day: yea while so many of our, Kings have been banished, imprisoned, or more severely punished, there was never one motion made of relaxing the rigour of the law; & what wonder, seeing it was not of the nature of those laws that change with that time; but of those which are fixed in the heart of man by nature & consented unto by all nations, & which being subject to no other laws, do command & rule all, so that whether we will or not, they are before our eyes, what ever we be doing & stick in our heart. This law did our predecessors follow being always armed against violence, & ready to suppress tyrants But that I may pass in silence the famous cities of Athens Lacedaemon, Rome & Venice which keeped this law so long as they keeped their liberty: Yea even then when Rome was under tyrants if any good man became emperor he did account it his glory to acknowledge himself inferior to the people & subject to the laws for when Trajanus gave a sword, according to the custom, unto the praefectus urbis, he said use it for me or against me, as I shall deserve: and Theodosius, a good emperor in these worst times would leave this noble saying among the laws, that he confessed he was under the laws. Neither was this law unknown to barbarous nations as all histories testify: But lest I should be thought to gather together examples now out of use I shall only make mention of two later; the one is of Christieris the King of the Dens who for his intolerable cruelty was put from the Kingdom, he & all his posterity; which is a sadder punishment than ever was inflicted by any of our progenitors— what did the mother of Charles the 5 that made her deserve perpetual imprisonment— & now what did we but following the examples of so many nations & Kingdoms, suppress tyranny, which swollen above all law, not indeed so severely as our predecessors did in like cases— for had we followed their example we had been far from, not only the fear of danger, but also, here calumnies. Thus he, & much more is added to this purpose there. More over this same Queen regent was told by the Earl of Ruthven, that same night that David Rizio was killed as Buch reporteth lib. 17. That the government of the Kings of Scotland was always very lawful & that it was exerted not after the lisst & pleasure of any one man, but according to the laws, & by the consent of the nobles, and if any King did otherways he suffered accordingly, and now Scottish men are not so far degenerated from the institutions of their predecessors as to suffer the tyranny and slavery of one who is a stranger and whom they look not upon as deserving any honest service. 8. Yea in the 8 Parliament of King james 6. Act. 2. the honour & authority of the Supreme court of Parliament, continowed past all memory of men, is ratified, & there it is said. That by the court of Parliament under God, the Kingdom hath been upholden, rebellious and traitorous subjects punished, the good and faithful preserved and maintained, and the laws and acts of Parliament (by which all good men are governed) are made and established— and therefore they statute and ordain that none take up on hand to impugn the dignity and authority, of the estates, or to seek or procure the innavation or diminution of their power or authority under the pain of treason. It is true that in the preceding Act, they confirm the King's Royal power and authority over all estates as well spiritual as temporal. And therefore their maintaining of the power and privilege of Parliaments is the more remarkable: And by the two Acts compared togethe●… it is abundantly clear that the authority mentioned, in the first Act of that Parliament, which is granted to the king, is not over the Estates of Parliament; but over private people whether civil or ecclesiastic: And so it is but a granting of him to be singulis major, which will easily be granted: And this will be more clear if it be considered what occasioned that Act, at that time. As was shown above in the first Section, the Lord was stirring up his servants to act something for the settling of the government of the Church, which occasioned the displeasure of many at court, & when Ministers were freely rebuking sin in & about the court, they were accounted railers & traitors: And being accused of treason before the King & his Council, They declined them as incompetent Judges. Upon this account in this hour of darkness by the means of the Earl of Arran. This Parliament is suddenly called (whereby 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 people ecclesiastic & (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 Council; & the Church in spiritual matters: It is true also that in the 1. Act of Parliament 18. Anno 1606. [His Maj. sovereign authority, Princely power, Royal prerogative, and privilege of his Crown over all Estates, people 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 fair flourishes & parliamentary compliments. Finally the prerogative here spoken of is founded upon personal qualifications where with they say he was endued far beyond his predecessors such as, [extraordinary graces, most rare and excellent virtues, singular judgement, for sight, Princely wisdom.] & the like, & these may be wanting in one possessing the crown: & therefore it could not be the mind 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 Crown. 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 several 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 laws, & constitutions of the realm; 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 sworn 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 engaged in an oath, in a matter not sinful, not to change, or to swear that which destroyeth & contradicteth the former oath. But leaving those things, & not laying more weight on them, than they will bear, other particulars more weighty & pressing must be spoken to: & therefore let it be considered, 10. What dreadful 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. conform to their Act 15. as also the committees & Parliaments thereafter Anno 1649, & 1650, & 1651. conform to their Act 9 3. A condemning of all the Acts made by these Parliaments, conform to their Act 3. 4. A condemning of all the meetings, Counsels & Conventions of the subjects, at the beginning of the late work of Reformation, conform to their 4 Act. 5. A condemning of the League & Covenant, conform to their Act 7. 6. A condemning of Scotland's joining with, & helping of England, in the day of their strait, conform to their Act 7. 7. A condemning of the renueing of the national Covenant Anno 1638, & 1639. conform to the last words of the 11 Act. 8. A condemning of the General Assembly 1638, & several others thereafter, conform to their 4 Act. 9 A condemning of Scotland's rising in arms in their own defence against the Popish, Prelatical, & malignant Party, conform to their 5 Act. 10. A condemning of their seizing upon forts & castles in their own defence, conform 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 shown 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 condemn 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 virtue of his prerogative royal and supremacy, & the prerogative, doth explain his supremacy in things civil, as shall be shown more fully hereafter. But to come to the particulars, first There was no ground for condemning that convention of Estates 1643. notwithstanding that the King's consent was not had thereto. 1. Because, in point of conscience, the Estates of the land being essentially judges, are bound, when the public affairs of the Kingdom do require to conveen & consult thereanent when Religion, laws, & liberties are in hazard, & when the necessity is such as will admit of no delay: pure legal 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 Kingdoms, were in hazard by papists, & their adherents in arms 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 laws of God of nature & of nations to see to the preservation of the Kingdom, to their own interests, & to religion that should be dear●… to them, than any thing●… else, & were bound by the law of God to judge & govern the land) but obey God, & dis●…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 deprived the Queen mother of her regency. But to avoid tediousness let buchanan's Chronicle be perused, & many such like Parliaments shall be seen. 2. Who was it who summoned all those Parliaments which conveened for the election of new Kings & of viceroys: as that which did choose Notatus the brother, & not Ruther the son of Dornadilla the 4. King: & that which did choice Even brother to Durstus, & not Durstus his son: & that which made Dardan King & not Corbred's son being under age: & that which make Te●…rasell brother to Conarus King, and not E●…hodius son to Canorus and many moe●… Yea Buchanan no stanger to the constitution of the scottish Kingdom showeth in his book [de jure regni apud Scotos] that the Parliaments of Scotland were summoned not only without the consent of their Kings, but against the same. What ground was there then for condemning of this convention at this nick of time when matters were in such hazard? Especially, 4. Seeing the very next Parliament which conveened Anno 1644. by virtue of the last act of the Parliament Anno 1641. at which the King himself was present, did ratify & approve that convention upon these grounds, as their 5. act beareth [Considering that the Lords of his Maj. privy council and Commissioners for conserving the articles of the treaty, having according to their interests and trusts committed to them, by his Maj. and Estates of Parliament, used all means by supplications, remonstrances, and sending of commissioners, for securing the peace of this Kingdom and removing the unhappy diseractions betwixt his Maj. and his subjects in England, in such away as might serve most for his Maj. honour and good of both kingdoms; and their humble and dutiful endeavours for so good ends having proven so ineffectual, & their offer of mediation and intercession being refuised by his Maj. And thereby finding the weight and difficulty of affairs, and the charge lying on them to be greater than they could bear: did therefore in the Month of May 1643. meet to gether with the commissioners for common burdens? that by joint advice. Some resolution might be taken there in: and in respec●… of the danger imminent to the true protestant religion, his Maj: honour, and peace of these kingdoms, by the multitude of Papists, and their adherents, in arms in England and Irland; and of many other important and public affairs which could not admit delay, and did require the advice of the representative body of the kingdom, apppointed and indicted a meeting, his Maj. having formerly refuised their humble desires for a Parliament. Secondly there was no ground for an●…ulling those Parliaments mentioned in the act rescissory, and act 9 1. Because in both those acts there is no mention made of any informality, which might justly either in law or conscience render these Parliaments null. Only there is mention made of their acts & deeds but these cannot in any manner of way annul their constitution for a Parliament may be a Parliament legally convened, though it should astablish iniquity by a law: & if the ground which they have laid down in these two acts 15 & 9 forannulling of these Parliaments hold good, indifferent men will soon see that they have annulled their own constitution, & declared themselves no Parliament; for if their acts were compared, with the acts of these Parliaments which they have annulled, & examined either by the rule of God's word (which all Christian commonwealths & Parliaments should stir their course by) or by the fundamental laws of the land, they would be found more worthy to be condemned. Sure succeeding ages need take no more, but the ground which themselves have laid down here whereupon to declare this Parliament null. But 2. These Parliaments were all legally convened & called; for the King called the Parliament 1639, & sent the Earl of Traquare, as his commissioner thither, which was adjourned to Anno 1640. than after some time, it was adjourned to Anno 1641. & at this Session of Parliament, the King himself was present, & so owned them as a lawful Parliament being called by his command, & continued hither till, & ratifyed all their Acts, among which this was one viz Act. 17. Anno 1640. That every third year, once at least, there should be a full & free Parliament, & that the time & place should be apppointed by his Maj. or his commissioner for the time, & the Estates of Parliament, before the end, and el●…sing of every Parliament. According to which Act King & Parliament did appoint the next Parliament to meet jun 1644. & this Parliament is continued till jan. 1645. thence till March, thence till july 1645. & from thence it is adjourned to November 1646. & then till March 1647. & at the close of this last Session of Parliament conform to the forsaid Act 1640. They appointed the next meeting of Parliament to be Anno 1648. This Parliament adjourned to March 1650. but with all, they give power to their committee or the quorum thereof to call the Parl. sooner if they saw necessity, accordingly it is convocated An. 1649. & at the time appointed it meeteth An 1650. & so adjourned to times convenient. So that there is no informality here at all discernible. If it be said that neither the King nor his commissioner was present at those Parl. & so this informality annulled all Ans. 1. The want of this formality cannot be the cause of annulling these Parl. or Sessions of Parl. because they annul the very Session of Parliament 164●…. at which King Charles himself was present. 2. There is no law making the presence of the King or his Commissioner essential to every Parliament, far less, to every Session of a Parliament. 3. There have been many Parliaments holden in Scotland, without either king or Commissioner as in the days of King james 2. Anno 1437, & 1438, & 1440. where there is no mention made of the King in the Acts, as there is at the next Parliament 1443. but only of the [three Estates of Parliament concluding and ordaining:] So Anno 1560. there is a Parliament holden at Edinburgh by the three Estates without either King or Queen & an Act thereof ratified first Parliament King james 6. Act 2. So Anno 1567. the Parliament is keeped by the Regent & the three Estates, without the Queen who then did Reign as the Acts of Parliament 1581. King james 6. show; for there these words are to be found in the first Act thereof [And especially the Act made in the Reign of the Queen his dearest mother in the Parliament holden at Edinburgh the 19 of April, Anno 1567. 〈◊〉 Whereby it is abundantly clear that she was then governing when this Parl. did sit; & yet the Parliament was keeped without her, as the Acts show. So in the days of Queen Mary the Acts of Parl. run in the name of the Lord Governor & three Estates of Parl. & this Governor was not representing the Queen as her Commissioner; because when she was present, as Act 1. Parl. 2. of Queen Mary both she & the Governor are mentioned thus. [The which day the Queen's grace with advice of the Lord Governor & three Estates of Par.] & moreover it is not usual 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 sovereign Lord with advice & consent of his Estates of Parl. but where neither King nor Commissioner is present, than the Acts run thus, The Estates of Parl. enact; etc. So that this Stilus curiae being punctually observed to this day; confirmeth 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 annul the parl. 1648. among the rest; seeing the Acts of that parl. were more homogenous with their own Acts, than the Acts of the rest: For the Acts of, & design carried 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 warrant them to rescind this; & so it is not upon the ground of their Acts that they rescinde these parl. Because than 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 o●… 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. 16●…8. When all the members of that parl. (some of whom no doubt were members of this) did jun. 10. declare and testify their resolution and obligation to acknowledge that Parliamentre have been a free and lawful Parliament, likeas they did oblige themselves, upon their honours and credit, and as they desired to be, & to be holden true lovers of their country, and of the religion laws & libert●…es thereof efauldly & faithfully to the uttermost of their power to join and concur with their people and estates, every one according to their several stations and callings, in the maintenance of the freedom and lawfulness 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 subject's inhabitants of the Kingdom in their thires and brughs. 5. It is yet more strange that this Parliament had so far forgot itself 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 & only business which that Parliament 1648. was carrying on, they style them the estates of Parliament of this kingdom which is a title agrying to none but to lawful 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, jun. 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 convened 2. They are Acts not repugnant to the word of God; but Acts made, for the carrying on & advancing of the work of reformation (except those made by the Parliament 1648) which every one according to his place & power is sworn to maintain & promove, & this the very vieving 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 withal he must condemn the whole work of reformation, & all Acts made for establishing of the same, in doctrine worship, discipline & government 3. did not King Charles 1 in the large treaty give this answer 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 jun. 2. 1640. wherein certain Acts were made, which Acts, his Maj. for the peace and good of this kingdom, is pleased to publish in his own name, with consent of the Estates, and therefore commands that the said Acts bearing date ●…un. 27. 1640. be published with the Acts to be made in the next session of the same Parliament, and that all the said's Acts, as well of the precedent as of the next Session to be holden, have in all time coming the strength of laws, and to be universally received and obeyed by all the subjects of the kingdom of Scotland. His Maj. doth in the word of a king promise the publishing of the said's 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 & complete laws, wanting nothing, even of formality, which can be desired, seeing 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 country? 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 condemn those Acts, & laudable laws 6. Is it not strange how they could condemn & make null & void all the Acts done by the committees & Parliaments after 1648. seeing by this means they shall condemn all the applications which were made unto his Maj. while he was in Holland, & also they shall condemn the Kingdoms 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 never yet heard of that a King was crowned in Scotland but by a lawful 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 lawful Parliament. 2. How ever, all these Acts which concern himself (seeing he was not present at their making) are null. 3. How comet●… it to pass that the King's presence Anno 1641. did not avail to keep that session of Parliament from a stroke with the rest? And further it appeareth that they annul 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 lawful Parliament before, in his reign, & thus by their principles he hath never been crowned in Scotland as yet: What a Praemunire they fall into here, let lawyers judge? Fourthly There was as little reason to condemn these meetings counsels & conventions of the subjects at the beginning 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 carried on by a strong faction in great haste, for they had five Sessions in three days; & with great secrecy, for the Lords of the articles were sworn to secrecy; & the doores●… were keeped close all the time of Parliament. See laborious Mr Petree his History pag. 442; and the Act of this Parliament did mainly strike against the assemblies of the Church for that was the thing designed. 3. What ever can be made out of this Act against civil meetings, it will not strick against those meetings, because the Parliament 1640, in their Act 29. hath shown the true meaning thereof to be otherwise, saying. It cannot be extended, against any counsel's conventions, assemblies, committees, or meetings, made holden & keeped by the subjects, for mantenance, and preservation of the kings Maj. Religion, laws, and liberties of the kingdom or for the public good either of Church or state & this Act was approved by the large treaty, & again by the next Session of Parl. An. 1641. where the King himself was present. 4. The secret council 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 ways prohibited by the municipal laws, which only 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 only 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 ways encroach upon authority, seeing they assumed not any judicial determination, in any matter of state civil or ecclesiastical, but by voluntary instructions, and opinions every one to another in a common cause of religion, did resolve what might be most conducible to their lawful and just ends. To use the words of the protestation, Decemb. 18. 1638. Fiftly Nor is there just warrant & ground upon this account, to annul the League & Covenant. Because 1. It was against no municipal law; for as to that 12 Act of the Parl. 10 of King jam. 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, laws, & liberties of the Kingdom or for the public good either of Church or state, and this may be further cleared by vieving the 43 Act of Queen Mary, which the forecited Act of King james 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 respectiuè, & that by private people 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 pollice●… sine publico decreto. He could neither make nor promise truce or peace without the Parliaments consent, & in the Parliament, 10. King jam. 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 foreign Princes without the King's 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 & bonds made by the Parliament were ratified by this King, by his solemn oath, both before & at his coronation; and therefore none in conscience could condemn these bonds, or take an oath importing the same. What is more allaidged against the league & covenant shall be fully examined hereafter, Sect. 2●…. Sextly Nor was there just cause, upon this account, to condemn Scotland for aideing & assisting of England in their strait & extreme 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 Britain offered to help the Rotchell, & the Palatinat. 2. It was against a common enemy, a popish prelatical & malignant faction, seeking the ruin of religion, laws & 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 safety, & what ever law will warrant nations, now to join together against the Turk will warrant Scotland their joining with England against the common enemy: Yea nature hath taught heathens to prevent their own ruin & destruction by joining their forces with other neighbours against one who designed nothing but the promoteing of his Empire. Thus the Romans warred against Philip left Greece being subdued, he should make war against them. Thus the Lacedamoniam warred against the Oly●…hii & divers other instances might be given. 3. Scotland & England used to join together before, & to enter in a league with other princes, for the defence of the protestant religion as Anno 1586. & again 1587. & 1588. they draw up a league among themselves. But it will be replied that this was with the consent of the supreme Magistrate. Ans. True, but the want of this consent will not make such aideing and supplying unlawful, so long as the law of nature is to the fore, obliging every man to defend his neighbour: and are not Scotland & England near neighbours, being in one Island, & under one King: Neither did they wait for the consent of Scotland's supreme Magistrate when they helped them first against the French & next against a faction of papists within their own bosom: and therefore Scotland should not now wait for the consent of England's King, when they were to help them against a popish and prelatical faction. Nor needed Scotland wait for the consent of their own supreme Magistrate, because as the law of nature doth oblige every one to defend himself by force of arms, against an army of bloody enemies, though the King should not consent (as shall be shown hereafter) so the law of nature will warrant any to defend their brother, though the King should not consent especially seeing thereby they are but defending themselves, against such an enemy as would next fall on them. 4. The law of God will warrant this communion of saints Prov. 24: 11, 12. & the commendable practice of those who helped David. 1. Chron 12: 18. 1. Sam. 22: 2. Seventhly nor was there ground for condemning the lands renewing of the national Covenant Anno 1638. & 1639. Because. 1. There is no absolute necessity for ask & obtaineing the King's consent, to the same; as if a Kingdom once sworn & obliged in covenant with God, might not renew the same obligation, as oft as they thought fit. There is no such necessity of having his Maj. express consent & approbation, either to the first making, or to the renewing of the same with God (as shall be more fully shown hereafter.) There is no law of God for this. 2. Nor is there any municipal law inhibiteing the renewing of that covenant: Yea that warrant by which all the land took it at the first, viz the King's & his councel's command to Ministers, to put their parishioners to take it, & several acts of General Assemblies, stand still in force: & accordingly in each university, the Covenant was renewed yearly. 3. Moreover the General Assembly Anno 1639. enjoined by ecclesiastical authority the subscription of the same; & the Assembly presented a supplication unto the privy Council desiring their ordinance for the subscription of the same, by all the subjects of the Kingdom, & this was granted Agust. 30. & Anno 1640. the parliament by their act 5. did ratify the act of the General Assembly, their supplication, & the act of Council thereupon; which act of Parliament was approved by the King in the large treaty, & thereafter by his personal presence at the next session of Parliament, where all was ratified. So that this deed of renewing the national Covenant wanted nothing, either in point of law or conscience to make it lawful & therefore it had been unlawful to have taken such an oath, as would have imported the condemning of that deed. Eightly nor was there ground for condemning the Church Assemblies, at which the King's commissioner was not present, or which wanted his special approbation. 1. Because there is no warrant in the word of God, clearing this necessity; but much to the contrary. 2, No munipiall law of the land is against such meetings, because the act 1584. Was taken away & rescinded anno 1592. & since that time there is no lawanulling all Assemblies which want his Maj. approbation & consent. 3. It was never either the profession or the practice of that Church, as is clear by what is said Sect. 1. It will be a fitter place to speak to this, when the ecclesiastic part of the oath is spoken to which shall be done Sect. 12. SECTION. XI. The former purpose further prosecuted & the lawfulness of Scotland's defensive war demonstrated. THere are other two Particulars (or rather one for they are much to one purpose) which virtually would have been condemned, by the taking of this oath thus explained, as to its civil part: viz Scotland their rising in arms in their own defence against the King's armies of papists & malignants & their seizing on the castles, which within their own bosom were threatening their ruin when garisoned with adversaries. These must now be spoken to, and so, Ninthly, There is no ground to condemn that defensive war. Though much hath been said by court parasites, & others; who were ambitious of gain & preferment, to exaggerate & aggraige that supposed crime, & thereby to make them & their cause, odious to all the World; yet rational & indifferent people will after serious pondering of a few particulars, forbear to pass any rash sentence. Much hath been already said in the defence of that business, by the author of Lex Rex, & more than ever could or will be answered. And therefore that book behoved to be answered by a fiery faggot: & by Mr Prins sovereign power of Parliaments, etc. a book published by authority of Parliament & never answered to this day: And therefore there will not be a necessity of insisting much on it here, only a short hint at some particulars, will suffice. 1. In point of conscience, it will be hard to prove that the power of war resideth only in the King, & that he only beareth the sword: For 1. Rom. 13. The sword is given to all Magistrates; for the Apostle there speaketh of higher powers indefinitely, in the plural number, without specifying any kind; & it is certain Rome had not two or mo●… Kings at once: And if the Apostle had intended only Nero, he would have designed him in the singular number. He speaketh of powers that are of God, & are ordained of God, & this agreeth to Inferior Magistrates, who are God's Deputies, & judge for him, as well as others, 2 Chron 19: v. 6, 7. Deut. 1: v. 16. Numb. 11: 16, 17. He speaketh of Rulers & this name agreeth to inferior Magistrates, as may be seen, Exod. 18: v. 21, 22, 25, 26. & 16: 22. & 34: 31. 2 King. 10: 1. 1 Chron. 12: v. 14. & 26: 32. He speaketh of such as must not be resisted but subjected unto; & Peter showeth who these are, 1 Peter 2: v. 13, 14. even Governors under the King, as well as the King himself. He speaketh of such as are God's Ministers which is a general word, comprehending all civil Governors. He speaketh of all such, to whom tribute, custom, honour, or fear is due; & so he must take in all Magistrates, otherwise this text should not concern commonwealths, which are ruled without a King. He speaketh of such as are revengers by office to execute wrath on them that do evil, & thus are a terror to evil doers, and a praise to such as do well: And this agreeth to all Magistrates, & 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 highest sovereign power in the Roman State, as learned Prin showeth in his sovereign power of Parliaments, etc. part. 3. pag, 109, 110, 111, & 112. 2. Inferior 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. Inferior judges are commanded to rule well, & they are threatened & rebuked for maladministration: See jer. 5: v. 1. Isa. 1: 17, 21, & 5: 7. & 10: 2, & 59: v. 14. jer. 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 inferior Magistrates, to relieve the oppressed, to judge the fatherless, 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? doubtless not. So than if inferior Magistrates be endued with power of the sword, they ought to defend the fatherless, the widow, & the oppressed subjects, by the help of the sword, they ought to rescue them from the hands of their oppressors: And therefore when Popish malignant enemies rise up in arms, & seek to destroy the Land, Man, Wife, & Child, the inferior Magistrates, much more the Parliament, may lawfully draw the sword, which God had given them, for the relief of the innocent, & defence of the country, of their lives, lands, goods Religion, & all that is dear to them, against malicious & open enemies. 2. Buchanan, a man well acquainted with the laws & constitutions of Scotland in his Book, De jure Regni apud Scotos, sayeth that the Kings of Scotland had no power of peace or war without the Parliaments consent. So that a war raised by the Parliament, against the common enemy, in defence of the King's honour, the saifty of the people, & the purity of Religion, cannot be condemned, as unjust & illegal. 3. The renowned Historian Buchanan showeth also that the Kings of Scotland have been oftintimes resisted by arms, which a few instances will evidence, when Durstus the 11. King banished all his Father's Friends, & became loose & dissolute, he was pursued by the Nobles, till he was forced to profess his repentance, & promise amendment & afterward when he had cut off many of his Nobles by treachery, the rest did rise up in arm against him, & kill him in battle. So they rose in arms against Gillo for his wickedness, & against Even 3. who was a most vi●… & wicked man: So with one consent they arose against Dar●…an, & slew his wicked servants who had been instruments of much evil: They routed his forces & took himself prisoner. When Mogaldus grew odious by reason of his vices, they rose up in arms against him. So did they levy forces against Athirco: when Romach had become cruel and had put many to death, they rose in arms 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 arms against Ferquhard 2. If they had not been diverted. Likewise when King james the 3. had been seduced by his evil courteours, & had plotted the murder of the nobles, they raised an army against him, & at length killed him. So did the nobles take up arms against Bothwell & the Queen & pursued her until she rendered herself prisoner. The nobles wrote unto the queen regent, Anno 1560. for removing of the french forces & did add (as Buchan. sayeth Lib. 17) Which terms if they be rejected we take God & men to witness, that we take arms from no innate malice, or hatred; but sore against our wills are forced to assay the last remedy, lest we should expose ourselves, our fortunes, and our posterity, to the worst 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 arms against their Kings, when they turned tyrants: And therefore, the Parliament their late taking up of arms in their own sinless self defence, can no ways be condemned; let court sycophants speak what they please, to make that business odious, they both bewray their malice & ignorance of the fundamental constitution of that kingdom. 4. Though, for all that is said, the Parliaments interest in war should be questioned; yet their late defensive war may be justified upon clear & undeniable grounds, for there is no such connexion betwixt these two, but they are rather two distinct questions, natural sinless, self defence, may belong to such, as have not propperly in strick law, the power of war. 5. The practice of other protestant princes & Magistrates showeth that their practice was not so odd nor odious, as men (who have taught their tongues to speak lies) would make the world believe it was; for Sleidan lib. 8. & 21. & 22. & Bilson out of him, in his difference, etc. part. 3. pag. 274. sayeth that the Germane princes levied war against the Emperor; viz. the Duke of Saxon the Landgrave of Hesse, & the Magistrates of Magdeburgh together with other Princes & cities, joining in the war who having had the advice & resolution of lawyers after mature deliberation did conclude. That the laws of the empire, permitted resistance of the Emperor in some cases: That the times were then so dangerous that the very force of conscience, & necessity did lead them to arms & to make a league to defend themselves, though Caesar or any in his name, would make war against them. and That if the Emporour had keeped his bonds & covenants; they would have done their duties, 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 showed both by sacred & profane histories. unjust violence is not God's ordinance: Nether are we bound to him by any other reason, then if he keep the conditions on which he was created emperor. By the laws themselves it is provided that the superior Magistrate, shall not infringe the right of the inferior, and if the supriour Magistrate, exceed the limits of his power, and command that which is wicked, not only 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 arms. 2. Next they have the exemple & precedent of the protestants in France, who in the reign 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 government which the house of Guise had usurped, & when needful, take arms to repulse their violence: If the princes, who in this case are borne magistrates, or some one of them would undertake it, being ordered by the states of the realm, 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 divers grievances, & wrongs, & sought remedy & redress, by the assembly of the three estates, protesting that they desired nothing but peace and the good of the realm, & that they would attempt nothing to the contrary, unless by the rash resolution of their enemies (who covered themselves with the cloak of state, under the Queen regent's authority) they should be provoked to repel the injuries done unto the King & state, by a natural, just, and necessary defence: see the continuation of the life of Lewis the 13. pag. 59 etc. So in the reign of Charles 9 when all Acts of pacification were broken; after many fruitless petitions, and vain promises, they take up arms, whereupon a bloody civil war ensued: & when this King contrary to his oath, An. 1572. caused that massacre at Paris, the protestants in Languedoc Rochel & other parts, took up arms 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: & again, when the peace which was now concluded was broken by the instigation of the Catholic Leaguers; The King of Navarre, the Prince of Condee, the Marshal of Montmorancy & others, resolved to defend themselves whereupon followed a sixth civil war which ended in a new peace, Anno 1580. So in the reign of Lewis his son when the Queen mother who was then regent, would give no redress unto the protestants just grievances, The prince of Condee & divers others raised forces in their own defence, & the duke of Rhoan & other protestants did join 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 war which continued Anno 1621., 1622. at last a peace was concluded but it lasted not long by cardinal Richelien's means. 3. They have in the third place the practice of the Netherlands (mentioned in the General history of the Netherlands, Lib. 9 p. 369, etc.) who, being oppressed in bodies, & states, by the duke of Alva, & the Spaniards tyranny, & their consciences tyrannised over, by the spanish inquisition, introduced of purpose to extirpate religion, after serious deliberation, & consultation with lawyers, divines, & learned men of all sorts, did unanimously conclude to enter into a solemn covenant to defend religion, lives, & liberties, by force of arms: and, Anno 1572. the Prince of Orange & his confederates published a protestation showing the grounds of their rising up in arms viz. [for zeal to the country, for the glory of God, because of the inhumanities', and oppressions, and more than barbarous and insupportable tyranny, and encroachments upon their privileges, liberties, and freed●…mes.] 4. They have the practice of the Waldenses in Piedmont, Anno 1558, & 1561. who being persecuted by the Lords of Trinity, & other Popish sovereigns, assembled solemnly together to consult how they might prevent danger, & after long prayer & calling upon God, they concluded to enter into a solemn mutual Covenant for defence of themselves & their Religion, & did so with success obtaining many notable victories against their persecutors, See Fox Acts & Mon. Vol. 2. pag. 208, 209. So Anno 1571. Nou. 11. There is a league made for mutual 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 days of Alphonso 3. who when there fell out a contest betwixt him & the Parliament, through the evil counsel of his courteours, resolved to associate themselves together & to raise forces, it being lawful, for the common cause of liberty to contend not only with words, but with arms, and their suprarbiense forum or justitia Aragoniae, which was erected of purpose to with stand the tyranny of Kings, had power to resist their King with force of arms: So Anno 1283. they tell Pedro 3. their King, that if he would not contain himself within the limits of the laws they would pursue him by arms. 6. They have the practice of other Spainyards, as may be seen in the general History of Spain, lib. 13, 14, 15. who rose in arms several times against Pedro the I. King of Castille. 7. They have the practice of the Hungarians, Anno. 1608. in the days of Mathias for when he denied free exercise of Religion unto the Protestants of Austria, they took up arms in their own defence & assembling at Horn sent a protestation unto the Estates of Hungary requireing assistance conform to the offensive & defensive League: See Grimstons Imp. Hist. pag. 730. etc. 8. They have the practice of the Polonians who oftintimes levied war against their Kings as Grimstone in his Hist. Imp. & Chytraeus in Chron. Sax. show. 9 They have the practice of the Danes rising in arms against Christian the 2. who Anno 1524. was solemnly deposed as may be seen in Chytraeus Chron. Sax. lib. 10. 10. They have the practice of the Swedes, rising up in arms against Christian 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 war against their oppressing Nobles, & did prosecute the same twelve years: & Anno 1308. They join in Covenant to defend themselves, against the House of Austria, & defended themselves most resolutely, against the huge armies of their adversaries, & upon the 16 of Nou. 1315. obtained a great victory, & that same year they renewed their Covenant at Brunna; in which Covenant, the other Ten Cantons, at several times thereafter; being oppressed by their Nobles, did join, & at length, by war 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 Days of Wenceslaus, & Sigismond waged great wars under the conduct of valiant Zizca. See Fox's acts & monuments Vol. 1. And thereafter in the days of Ferdinand they resolved to fight courageously against all their enemies how great so ever they were. But in case, some should be so bold, as to condemn 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 Britain, for King james in his answer to cardinal perron justifyeth the protestants of France their taking up arms in their own defence. Memorable is that speech which King james had in the Parliament house, Anno 1609. a King (sayeth he) governing in a settled Kingdom ●…easeth to be a King & degenerateth into a tyrant, so soon as he leaveth to rule by his laws, much more when he beginneth to invade his subjects people, rights, & liberties, to set up an arbitrary power, impose unlawful taxes, raise forces, & make war upon his subjects, whom he should protect & rule in peace; to pillage, plunder, waste, & spoil his Kingdom; Imprison, murder & destroy his people, in a hostile manner, to cap●…vat them to h●…e pleasure. This is a sentence well worthy to come out of a King's mouth, & to be●…ingraven upon the thrones of Kings & princes: and doth more than abundantly justify Scotland, in their late defensive war. Moreover Queen Elizabeth, & King james both, by the public advice & consent of their realms, did give public aid & assistance unto the protestants of France against their King, & to the Netherlands against the king of Spain, and to the protestants in Germany & Bohemia against the Emperor, & entered into solemn leagues & covenants with them: if they had been traitors, & rebels, & that action of defence, utterly unlawful, would those princes have joined with them in this manner? who can think this? So did King Charles the first openly avow to aid the protestants in France at Ree & Rotchell, against their King, who was come in arms against them: & the German Princes against the Emperor: & the Netherlands against the King of Spain; And entered into a solemn league with them, for that end. All which do abundantly justify the Scottish defensive wars, & 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 public Acts in his Parliaments declareing, [The Scots late taking up arms against him, & his Consellours, in defence of their religion laws, & privileges, to be no treason nor rebellion, & them to be his true & loyal subjects, (notwithstanding of all aspersions cast upon them, by the Prelatical & Popish party) because they had no evil nor disloyal intentions at all against his Maj. person, crown, & dignity, but only a care of their own preservation, & the redress of these eno●…mities, pressures, & grievances in Church & state which threatened desolation to both.] See the acts of oblivion & pacification. Here is enough to stoup the mouths of all Calumniators & to vindicate them, & to clear the innocency of their cause before all the Wo●…d. And further King Charles who now is, did approve of the same in his declaration at Dumferml●… which is cited Sect 2. 8. Some of their chief antagonists, are forced through the clearness of truth, to assert such things, & grant such particulars, as will by clear & undeniable consequence justify their taking up of arms & resisting the armies of their King, when they came against then to destroy Religion, Lives, Laws, & 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. john Barclay, Lib. 4. Cap. 16. he sayeth expressly, That if a King will alionate and subject his Kingdom to another, without his subjects their consent, or be carried with a hostile mind 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 than 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 mind against them (whereof a strong army of strangers, marching with arms to their borders, after they were (contrary to all law) declared rebels, is as evident a demonstration as can be) & are seeking the ruin & 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, than any thing else) is sought to be taken away, or altered, & service books, or mass 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 ruin & exti●…pation, unless they would sell soul & conscience & all; doth not this speak abundantly for the justifying of them? 2. D. Fern. Part. 3. s. 5. acknowledgeth [that personal defence is lawful against the sudden & illegal assaules, of the King's messengers, or of himself, in so far as to ward off his blows, to held his hands; and when the assault is inovitable.] Now if resistance be lawful against sudden assaults, much more against premediated, deliberated & advised assaults; If resistance of illegal assaults be lawful, than 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 arms: If resistance be lawful against inevitable assaults, than 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 than justifieth them, who never did intend harm to his Maj. person, & honour; but wished & sought the saifty & preservation thereof, by all means. And again when he would answer the argument taken from Elisha's resisting of the King, he granteth [that itis lawful to resist the King's cutthroats] and what did Scotland more than resist his bloody emissaries? Moreover he alloweth [to private people liberty to deny subsidies and tribute to the prince when he employeth it to the destruction of the common wealth] and is not this a clear resistance & a taking of the sword out of his hand? But what shall a nation do that cannot get pay holden from a plundering army of enemies, & so cannot get them disbanded, but take up arms & force then to it? This is but resistance, & the other is resistance. Majus & minus non variant speciem yea it is a question if it be lawful to deny to the King any of his tribute though it be clear enough that it is lawful for a nation to defend themselves against the King's unjust & illegal commissions. The same Doct. in conscience satified Sect. 5. confesseth that Salus Popul●… est suprem●… Lex and if so, some means must needs be allowed unto the people, to preserve their own safety, when it is in hazard; & to recover it when almost lost, by the invasion & tyranny of governor's, who instead of levelling all to that end, which should be before their eyes, are taking courses tending to the destruction of the people; To come with an army of armed enemies against a common wealth, is no sit mean to preserve that common wealth, but to common sense speaketh out an intention to destroy the same: & therefore Scotland can not be condemned for preserving itself in such a case. 3. john Bodin de republs. lib. 2. c. 5. granteth. [That if a King turntyrant he may lawfully, at his subjects requ●…est be invaded, resisted; condemned or slain by a foreign prince] & proveth it at large from several exemples. And if a foreign prince may do this why may not the subjects themselves do it if they be able? if the subjects may petition for this help, why may they not forbear to trouble strangers, if they be able to do it themselves? a foreign prince hath no more superiority nor right, over their prince for that effect, than they havethemselves, yea not so much. And elsewhere in that book viz, lib. 1. c. 10, & lib. 5. c. 5. he alloweth subjects to resist & to depose Kings in some cases: which is more than Scotland doth desire. 4. Arnisaeus de author prinp. c. 2: n, 10. granteth [that if the prince proceed extrajudicialiter, without order of law by violence every private man hath power to resist] much more than may the body & representative of a land resist, when he cometh against them with fire & sword, which is the most extrajudicial acting imaginable. So c. 16. n. 4. he granteth that [limited princes may be resisted] & such an one is, & always was, the King of Scotland; for they never knew an absolute prince, as is clear from what hath been already said. 5. So Grotius who the jure belli & pa●…is. lib. 1. c. 4. n. 1, 2, 3, 4, 5. denyeth that the war of subjects against superiors is lawful, & would prove it by the law of nature, the Mosaical law, the Gospel, & by the practice of the primitive christians: and n. 〈◊〉. denyeth this not only to private subjects but also to inferior Magistrates: all which to examine is not the work presently intended; only it is worth the noticeing that even he is forced to grant many things, which serve abundantly to justify the practice of Scotland for ibid. n. 7. He granteth [the law of not resisting doth not bind when the danger is most weighty & certain] & doth prove it thus; because the laws of God in some cases admit the exception of extreme necessity, as the law of the sabbath: & further addeth, that this law about resistance hath its ●…ise, from their will who did first associate themselves in a society, & created governor's over themselves; for if they were asked whether they would acknowledge these conditions that they should die rather than resist, in any case, they would not grant it, unless in this case when resistance would wrong the common wealth, & occasion the kill of many innocents'. He further proveth it from that passage which was cited out of Barclaius. yea he dar not condemn any, no not the lesser part of the people who rise in arms, in extreme necessity, far less would he condemn the body of a land useing this last remedy in the extremity of hazard & danger, further he proveth this from David who took armed men 1. Sam. 22: 2. &. 23: 13. to resist the violence of Saul after he had learned for certanety that he was seeking his life: and from the Maccabces whom (as he thinketh) nothing else can defend but the great & imminent danger in which they were. And further n. 8. he granteth that such princes may not only be resisted but also punished by death, who are not absolute. And it hath been shown that the Kings of Scotland have been obnoxious unto their Parliaments & yet they desire not so much as is here granted. Moreover n. 10. he assenteth to Barclaius saying, as hath been cited, that if a King alienate his Kingdom he loseth it: but further he addeth if ●…e prince but attempt to do so, and to subject it to another, he may be resisted, and also n. 11. he assenteth to Barclaius saying as hath been cited, that the King doth lose his power when he seeketh the destruction of his subjects. And again he sayeth, N. 13. If the king hath one part of the supremacy, & the senate another, than the king may be resisted when he incroacheth upon the senate, & that notwithstanding that it were granted, the King only had power of war for that is to be understood only of war with foreigners. Thus he doth abundantly justify, the late defensive war of Scotland, against their prince, who was encroaching upon the liberties of Parliament & people. These particulars seriously pondered will do much to clear their innocency unto the world, & to vindicat their cause and practice from the many foul calumnies & aspersions which the D●…gs of the generation did cast upon them, of purpose to foment the discord, betwixt the king & his faithful & loyal subjects. And though by what is said, & conceded by their adversaries, the clearness & equity of their cause appeareth, both in point of law & conscience; yet for further clearing of the same, these few following particulars may have some weight. 1. There is great difference to be put, betwixt actual disobeying of, rebelling against, & violently with force of arms resisting, the lawful Magistrate, doing his duty, & commanding just things warranded by the laws of God, & the land: And disobeying his unjust Acts, & resisting his violent, tyrannical, oppressing, plundering, spoiling & killing armies. The former is a resisting of the very ordinance of God, forbidden, Rom. 13. where the Apostle is speaking of the civil Magistrate doing his duty, & in his place, as God's deputy, exerceing the duties of his calling, & executing his office. But in the other case, the Magistrate is out of his function & calling; for God giveth no command to do evil, 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 messenger may be resisted & withstood when he crosseth his commission & warrant, without any wrong done to the office or to the King. Every disobedience in things sinful 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 sinful commands disobeyed; for it is only powers that are ordained of God that must not be resisted, & tyrants, or Magistrates 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 laws, but rather hazard of damnation, in willingly following after the command: And so there is no danger in resisting such Acts of tyranny; for tyrant's exerceing tyranny, are no terror to evil doers: But on the contrary they are a terror 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 So●…land Lib. 2. pag. 141. There is a great difference betwixt the authority which is God's 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 & lawful authority, or to wrong the office in the least. And therefore all the arguments of their adversaries taken from Rome, 13. or the like places, which speak against withstanding & opposeing of the office, & divine appointment 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 duly, & 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 rising up in arms without any just lawful ground, or for trissles, or matters of small moment, as for the exacting of some more tribute than is due by the law, or the like, & rising up in arms in extreme necessity, when religion, laws, 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 foreigners, was seeking to subdue them, & so to overturn religion, laws, liberties & all, was not this extreme necessity? What more imminent danger could be expected then an army of bloody papists bend to prosecute their bloody designs 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 arms, for the safety of religion, laws, 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, prelatical & malignant enemies, their own lives, & the lives of their wives & children, their liberties as men, & as christians? Should they sell religion & the land, their souls, & 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 seeing there is nothing more dear to people then their religion, their lives, & their liberties, a war raised in the defence of these, cannot be accounted a war raised upon trissles, or sedition, faction, or mutiny; but a necessary defensive war, not raised upon private injuries & discontents, But upon matters of the greatest importance & necessity, viz to prevent the extirpation of religion, the subversion of laws, & 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 parents, cariliberi, propi●…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 betwixt a war raised of purpose to force the supreme Magistrate to be of the same religion with the subject, or else to dethrone him; and a war raised to defend that religion, which both Magistrate & subject owneth. Betwixt a war raised in defence of that religion which hath never been established by the laws of the land; and a war raised in defence of that religion, which is publicly owned by the laws of the land & which King & subject both, are sworn to maintain, & which by the laws, becometh a civil right & a part of the civil 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 laws of the land, & which popish & prelatical 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 emperor's had never consented thereunto, but it was otherwise in Scotland as hath been abundantly shown Sect. 1. & 2. 4. There is also a difference betwixt 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 private persons, for some personal injuries: This they abhor & ever have abhored: and betwixt a sinless self defence when unjustly assaulted by armies sent by the King, to destroy & cut them off. In pleading for a sinless self defence, they do not plead for an illegal taking away of the life of a King. Their raising of forces in their own sinless self defence cannot be condemned; there being an actual invasion made upon their lives & liberties which made their war to be [tutela vitae proxima] the last refuge for the life, & the only remedy 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 private persons upon some private injuries received, to destroy ' & cut off the King, or to denude him of his just power & privilege; but a national defence of religion, lives, & liberties, against the King's armies unjustly seeking to destroy & violently to overturn 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 speak to their case. 5. There is also a great difference betwixt a war contrived & carried on, by private persons when grievously oppressed: And a war carried 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 denied) yet this last is clear; for a Parliament hath more power over a king then any private 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 inferior Magistrates, such as the Ephori among the Lacedæmonians; Tribune's among the Romans The demarchi; among the Athenians, and as the Estates of Parliament in kingdoms now, if these connive at the king's oppressing of the people they become perfidious because they betray the people's liberty, which by God's appointment they are to protect. Thus Scotland is cleared, for their war was carried on by the body of the land in their representatives, by their Parliament, acting in its public & 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 war against the king in their own defence, & in the defence of the liberties & laws of the land. 6. There is a difference betwixt a war raised by a Parliament of purpose to cut off the king, & to depose him from his throne & government (which hath been several times practised by the Parliaments of Scotland, when their kings turned tyrants & vicious in their lives, as was shown above) & their case, which was a case of pure defence, there being no intention to offer the least violence to his Maj. person, crown or dignity: but only to defend religion, & the kingdom, 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, & showing their willingness & readiness to lay down arms so soon as they were secured in the peaceable enjoyment of the religion sworn 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 rising in arms against the King they speak not to the point; none of these arguments come near to their case which was a case of natural sinless self defence. 7. It would be considered that the war 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 foreign Officers with them: There were three thousand Men sent down with the navy, & six hundred Horsemen were sent down to the Borderes to make incursions, all which preparations of war 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 present, after the granting of which, viz. a quiet & peaceable enjoyment of their Religion, Lives, Laws, & Liberties, they resolved to lay down arms & accordingly did so; for after the pacification, jun. 18. 1639. their army was disbanded. Again when the Parliament which was convocated by his Maj. command conform 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; These friends travelling to England & Irland were constrained to swear unlawful 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 Carlisle, 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 arms again, & to advance towards England that they might seek peace, from his Maj. not being able to maintain an army on the borders, after they had been so impoverished, through the long want of fine tradeing, and not to lay down arms, until 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 Laws, their Liberties, & their Religion, & so sell their soul & consciences & all into the hands of their malicious enemies? So then, when this shall be made the state of the question whether or not the Parliament, & body of the Kingdom of Scotland, may not lawfully take up arms (having no purpose to wrong his Maj. person, or to spoil him of his just rights & privileges) to defend themselves, Lands, Liberties & (no less then) their Religion after it had been settled by law: When the King (in stead of granting their just & necessary desires viz. security, that they should be ruled by lawful general Assemblies, & other inferior Church judicatories in Church matters, according to the ancient discipline of the Church: And by a free Parliament in civil matters, according to the foundamentall laws of the Land; And that they might be free from illegal 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 foreigners, Irish, Popish, prelatical, & malignant enemies to the Church & kingdom 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 bosom, giving them commission to destroy all they could & denunceth them all rebels & traitors? Sure it may be supposed that, seeing this is the true state of the question it shall easily be granted, that this was a necessary defensive war, & that Scotland could do no less than they did, unless they would have willingly betrayed their Religion & all which they had as men, or as Christians, into the hands of their bloody & cruel adversaries, which no law would have warranded them to do. But to put a close to this. This their practice is abundantly warranted. 1. By Lawyers affirming that such a defensive war, Cui libet, omni jure, ipsoque rationis ductu permissa est. Such a war is warranted to all, by all laws imaginable. Spigelius tells ●…s in his Lexicon tit. bellum. That [that is a just war which is undertaken for defence,] & citeth l●…t Vim. ff. de just. & jur. Yea he tells us that if a war be not undertaken for defence, it is sedition, though carried on by the Emperor; for he can no more hurt by war than he can take away a man's life without a cause, & again he telleth us, that that is a just & necessary war, Quod sit se & sua defendendo, that is, for defence of a man's life, lands, and goods, and liberties, and what is dear unto him. Hence is that common saying, Vim●…i repellere omnia jura permittunt. It is lawful by all law, to resist violence by force of arms. And, Defendere se est juris naturae & gentium. The law of nature and nations teacheth every man to defend himself. And Cajus the lawyer sayeth, That the very law of nature permitteth a man to defend himself against danger. And Florenti●…s, It is right that what ever a man hath done in the defence of his own body, should be accounted lawfully done. Yea Ovid tells us the same, Armaque in armatos sum●…re jura sinunt. To meet armed men with arms, all laws allow. 2. By the concessions of adversaries; for they grant that it is lawful to flee from the tyranny of abused authority, as Moses did Exod. 2. David, 2 Sam. 19 Elisha, 1 King. 19 joseph & Christ, Mat. 2. & this Christ warranteth expressly Mat. 10. Now this flying is a plain resisting of rulers, & if resisting be unlawful, this must be unlawful likewise, & if this be not unlawful, resisting cannot be unlawful: for the the same justice & equity which warrandeth men by flight to decline unjust assaults, doth also warrant an escapeing of them by resistance, when flight will not do it: (Which was indeed the case of Scotland, for it is not imaginable, how a whole land, man, wife, & child, old & young, sick, & whole, can flee from their habitations & go seek their livelyhoods in other Kingdoms; beside, that it is a great question, if the States of a land, the peers & inferior judges, were bound, by flying to leave the Land, Liberties & all, unto their enemies, if they had power to defend themselves) for if the law of nature oblige men to preserve themselves by flight from tyranny it doth also oblige them to defend themselves by resisting, when they cannot conveniently secure themselves by flight; o●… when they cannot flee without betraying of the country, Religion & all. All this will be so much the clearer if it be considered that if a tyrant hath legal power from God to kill, he hath the same legal power to summon legally, & siste before his tribunal, such & such persons: And therefore if it be unlawful to resist his tyrannous murders, it must be also unlawful to resist his legal citations to that effect, & so unlawful to flee; for one & the same power citeth & judgeth: Therefore if the law of defence warrant one to resist his summons, & not to compeer it warrandeth one to resist his tyranny, if he can be able; It is true the one resistance is more, but majus & minus non variant speciem: And if the one be a fault in conscience, so must the other be: See Lex Rex, Pag. 325, 326. Next, they grant that it is lawful for subjects to resist a foreign enemy, invadeing the land with arms; & thus their practice is justified. It is true their enemies had the King's Commission; but the having or wanting of such a commission, will not alter the case of the land, which is put to defend itself: For whether these enemies have such a commission or not, they are strangers & foreign enemies to the land, & they come with a hostile mind to destroy, & to conquer the same; & therefore what ever commission they have, the people are bound to defend themselves, their Families, young & old, their Lands, their Liberties, & their Religion, & all which they have. They grant also, that a private man may defend himself, when violently assaulted, & his life is in danger, & when he can no way escape, he may rather kill as be killed. So Gro●…us de ●…re Belli ac Pacis, Lib. 2. c. 1. §. 3. Si corpus impetatur vi praesente cum periculo vitae non aliter vitabil●…, tunc bellum esse licitum, etiam cum interfectione periculum inferentis. Much more will this hold good in the case of a whole Kingdom, when they are assaulted by cruel enemies & cannot escape with their wives & children; but must needs fall upon the sword of these bloody enemies, unless they use an innocent & lawful resistance Yea ibid. §. 6. He granteth that in case a man be in danger to suffer mutilation he may resist; Seing the loss of a member especially if it be a chief member, is sad, & in some respect comparable to the life; And moreover (sayeth he) it can not be known whether or not the life may not be in danger thereby: Will not this then serve abundantly to justify Scotland, when their enemies came with a purpose not only to mutilat but also to kill? They grant likewise that a maid may resist the King when he is seeking to abuse her; And shall not an army of malignants be resisted, who if they get their will would abuse Virgins, & married Women also. 3. By the law of Nature, Nature hath given to beasts & birds power & ability to defend themselves, hence that —— Omnibus hostem Praesidiumque datum sentire, & noscere teli, Vimque modumque sui. 'T is given to all, their foe to know, And how to guaird and ward the blow: To know their weapon even by sense, And how to use it in defence. And that of Horace, Dente Lupus, corn●… Taurus petit, unde nisi in●… Monstratum? That Wolves with tearing teeth and mouth, And Bulls with pushing horns pursueth, Whence is it that this skill they have; Nature within, it to them ga●…e And that of Lucretius, Sentit enim vim quidque suam, quae possit abuti, Cornna nota prius vitulo, quam frontibus extant: Illis iratus petit, atque infensus inurget. Creatures their strength do early know, Which they may use, abuse also, The calf his horns doth know, before On's fore head they show less or more: Pushing with them in tender age, And pressing hard as in a rage. & shall beasts be in a better condition than man? Shall a bull have liberty to defend itself with horns, & shall man have no liberty to defend himself against tyrants, or soldiers in their name coming to kill, plunder, burn, & slay all? Nature alloweth, Vim vi repellere, To resist violence with violence, to all; & against all violence without exception; Nature can put no difference betwixt violence offered by a Magistrate, & violence offered by another person. Defensio vitae necessariae est, & a jure naturali profluit; It is necessary by the law of nature that a Man defend his life. And the reason is because God hath implanted in every Creature, inclinations, & motions to preserve itself. Each are bound to love themselves better than their neighbours, for the love of themselves is the measure of that love which they owe to their neighbour. The law of nature alloweth one rather to kill then to be killed, & to defend himself more than his neighbour, Cicero Lib. 1. De Officiis sayeth [Injustitiae duo genera sunt, etc. There are two kinds of wrongs, one of these who do the wrong, the other of those who when they may hold off the wrong, do it not: He who without cause feteth upon any, being angry, or some other way stirred up, layeth violent hands upon his neighbour; but he who doth not defend nor resist the injury when he may, is as far in the wrong as if he should desert his parents, his friends, & his country.] And again, cum sint duo genera decertandi; etc. There are two kinds of contending, one by argueing which is proper to men, the other by force, which is proper to beasts, we must flee to this last when we cannot make use of the former] & again in his Orat. pro Milone he sayeth, Est haec non scripta, etc. [This law is not a law written, but a law borne with us, we have not learned it, nor acquired it ', nor read it, but we have taken it, drawn it, & extracted it from nature itself, to which we are not taught but made, we are not instructed but are endued with it, that if our life be in hazard by snares, by violence, & darts of thiefs or enemies all honest ways must be assayed to free our life. So reason teacheth this to the learned, necessity to the Barbarians & custom to nations, & to beasts nature itself hath prescribed this, that whatever way they can, they should resist all violence & save their lives.] Thus you see nature itself and such as spoke by the light of nature do warrant such a practice. 4. By the law of nations, the actions of some of which have been mentioned already & he who desireth to see more may consult [Prin's Appendix to his sovereign power of Parliaments, etc.] 5. By the law of God; as we see by many examples. 1. Of David who being but a private man, & a subject, & now unjustly persecuted by Saul the King, who was seeking his life, is forced to defend himself with arms, by taking to him first 600. men 1. Chron. 12. & then a great host v. 22, 36. & this was warranted of God, for the Spirit of God commendeth them for their valour v. 2, 8, 15, 21. And the Spirit coming on Am●…sai v. 18. prompting him to speak what he spoke cleareth it also. 2. of Elisha, 2. King. 6: 32. He keepeth out the house against the King, by force; & resisteth him who was coming to use unjust violence. 3. Of the 80 Priests who resisted Uzziah: 2. Chron. 26. 17. Those are called most valiant men & it is said [they withstood Uzziah & they thrust him out.] 4. Of the people their rescueing of jonathan 1. Sam. 14. unjustly condemned to die. They resisted the King's act & edict notwithstanding of his oath: Yea they did swear the contradictory of the King's oath. 5. Of Libnah revolting from Ichora●…. 2. Chron. 21: 10. because he pressed them to idolatry, as is probable from v. 13. so sayeth Lavater, Zanchius & Cornel a lap. see for this also that noble commentator Trochreg on the Ephespag. 923 6. of the city Abel resisting joab. 2. Sam. 20. 7. of Elijah. 2. King. 1. killing many hundereds of the King's men & emissaries sent to apprehend him. 8. By Christ bidding his disciples Luk. 22: 36, 37, 38. Buy swords. Nor is there any thing in scripture contrary to this; for the passages of which the adversaries make use, do either speak against opposeing of lawful acts of just governor's, as Eccles. 8: 2, 3, 4. Numb. 16. Rom. 13. 1 Pet. 2: 13, 14. or against opposeing of inferior Magistrates, as well as others, & so serve not their purpose, such as 1 Pet. 2: 1 4. etc. Rom. 13. Exod. 22: 28. job 34: 18. or speaketh not of a pure defensive war but of seeking the utter destruction & ruin of the supreme Magistrate, as some of David's expressions, which they make use of. 6. By right reason: for there is no striker obligation betwixt a prince & his subjects then betwixt parents & children, yea not so strick; & yet if the father become distracted & rise up in a fury to kill his children, the children may lawful join together & resist him, & bind his hands; So may the wife resist the unjust violence of her unnatural husband, much more may subjects resist the unjust violence of their King. 2. Otherwise a King who was an ordinance of God ordained for a rich blessing; should become the greatest curse imaginable, if actu primo he be invested of God with power to tyrannize; & the people be put out of all capacity to resist, he should become the greatest of curses to a people. 3. This should cross the end for which people did set up a King over themselves; it was to preserve them, & to keep them from wrongs & not to put power in his hand to kill & murder them as he pleaseth. 4. This would put rational creatures into a worse condition than the beasts are into for if their King will, he may cut all their throats, destroy all their liberties, ravish all their wives, & daughters, destroy all their lands & livings, & that without any control or the least resistance imaginable. But who can believe this? Yea put the case there were but three or four Kings in all the world all the lives of the rest should be at their devotion; so that if they in a fit of fury & madness give out the word of command, they may cause kill all, without any resistance: & would not this reflect upon the wisdom & goodness of God, if he ordered matters so? but the absurdity of this is abundantly clear so that more needeth not be said. He who desireth more satisfaction in this question may peruse Innius Brutus his vindiciae contra tyrannos Quest. 3. a book as yet unanswered by any: and Lex rex which gote never another answer nor a faggot, a quick way forsooth of dispatching an answer, & Mr Prins [Sovereign power of Parliaments etc.] Where the matter is fully cleared both in point of law & conscience, which was published by order of Parliament: and a book entitled de jure Magistratus insubditos: & Trochreg's commentary on the Ephesians where he will find this question prudently judiciously and satisfactorily handled from pag. 911. to 925. Thus in some measure is this Ninth particular cleared & the jawfulnesse of Scotland's defensive war clearly shown, & hereby the unlawfulness of swearing any oath, which might have imported a condemning of that war, is also demonstrated. By what hath been said to this Ninth particular, the Tenth & last is likewise cleared viz. The lawfulness of Scotland their seizing upon the Castles within themselves: For if it be lawful for a land to defend themselves; & to use resistance by arms, in their own necessary defence; It is also lawful for them to seize upon such castles & strengths, as may prove a fit & necessary means of defence. It is lawful to possess these, & keep them out against the enemies of the country, who if they had them, would make use of them for the destruction of the land & for the subversion of Religion, Lives, & liberties: What ever law will allow of self defence, will also allow the use of all fit means for that end; For the end includeth the means leading to the end. Moreover these Castles & Fortifications were originally appointed for the saifty & security of the Kingdom, & of none else, & therefore at the learge treaty, it is concluded in answer to the second demand; [That the Castle of Edinburgh and other strengths of the Kingdom should with the advice of the Estates of the Parliament, according to their first foundation, be furnished and used for defence and security of the Kingdom.] So that hereby the King approved of all which was done in this business, before: & acknowledged that according to their first foundation they were for the Kingdom's advantage. It is true, these Castles were annexed to the Crown Parl. 11. Act 41. King james 11. but that was done to guaird against the poverty of the real me, & for all that the King might not give them away in fee or heritage, nor in frank tenement without the advice, deliverance & decreet, of the whole Parliament: And for great, soon, & reasonable causes of the realm, otherwise any alienation or disposition was to be of no avail; And it was enacted that the Kings of Scotland should be sworn at their coronation to keep his statute in all points: & Act 9 Parl. 9 king jam. 6. sayeth that [These Castles are for the welfare of the realm, as well as for his Maj. behoof: so Act. 125. Parl. 7. K. jam. 6. The Castles are called, the keys of the realm. So though the King hath the custody & command of them, yet it is always in order to the right end, that is, for the saifty & good of the country, & if he should make use of them, for the ruin & destruction of the country, they should be abused, & might lawfully be taken out of his hand & converted to the right use, as when a father turning mad will kill his children with a sword, the children may lawfully take the sword from him with which, he was bound to defend them, against the common enemy, & make use of it in their own defence. Castles & fortifications are not the King's patrimony, but belong to him as King & Governor of the land, so that he is to make no use of them, but for the countries' good, he cannot dispone & sell them as he may do other things, that belong to his patrimony: Therefore Scotl. cannot be blamed, for seizing on these for their own saifty, seeing this is their native end, & the only thing they were ordained for. Nor can any be blamed for refuseing that oath which would have imported a condemning of this lawful & necessary deed. Thus reader thou hast shortly laid before thee a hint of what clear grounds there were, of stumbling at the taking of this oath as to the very civil part thereof, seeing this civil supremacy is & must be the same with his prerogative & his prerogative is such as hath been shown. A difference betwixt the supremacy & the prerogative is not imaginable, unless it be this. that the supremacy is more comprehensive, & taketh in all the prerogative & something more: yea by some posteriour acts, they are made of one & the same latitude, as in the act for the national Synod, the settling of the external government of the church is said to belong to his Maj. as an inherent right of the crown. & how? by virtue of his prerogative royal and supreme authority: so that, his prerogative royal & supreme authority are made one: & if they be one as to ecclesiastical matters much more must they be one & the same, as to civil matters: & more clearly in the King's commission for the heigh commission, where it is said His Maj. by virtue of his royal prerogative in all causes and over all persons etc: so that any may see that his supremacy over all causes is one & the same thing with his prerogative. Moreover this is certain that who soever do acknowledge & recognosce the King's power & supremacy, in all causes, and over all persons, do acknowledge & recognosce all that which they say agreeth to him as King, and who soever do acknowledge & recognosce this, do acknowledge & recognosce his royal prerogatives: for his royal prerogatives are such things, as agree to him as King, because they are annexed to the crown, as they say. It is true in their 11 act of parl: the acknowledgement of his Maj. prerogative is mentioned beside the oath of allegiance: But that will nor make them to differ so far; yea the acknowledgement of his Maj. prerogative is but explicatory of a part of that supremacy mentioned in the oath of allegiance. So that his prerogative over parliaments & over their actions & over all other subjects, is but a part of that supremacy which they say he hath over all persons & in all causes. So in the oath for asserting his majesties prerogative, defensive arms & the Kingdoms entering in a league with England & all their proceedings in the work of reformation are condemned, & this cannot be denied, though there be an express oath afterward conceived of purpose for that end, viz the declaration set forth. ●…ept. 2. 1662. SECTION. XII. The meaning of the oath of Allegiance as to its ecclesiastic part opened, & some reasons why upon that account it could not be taken. THe civil part of this oath of allegiance being thus spoken to, in the next place the ecclesiastic part must be handled; & when this is but explained, reasons without much difficulty will appear, why as to that part of it, it could not then, (nor as yet can) in conscience be subscribed unto. In this part, as in the other, the sense which the tenderers thereof do put upon it, must be searched & sought for, out of their acts: for though it could have been wished (& both reason & religion would have required it) that after the example of Abraham, they had made the oath as plain & easy as might be, so that the sense & meaning of it had been obvious to all; or had annexed such a gloss & meaneing, as the words in ordinary construction would bear, & tender Christians might saifly assent unto: yet there was no such thing done: yea not being desired to do it, would they do it: yea nor would they suffer any to inquire at them, in what sense they would have the oath taken: yea which is more, they made an act dischargeing all to offer any sense of the oath under the pain of treason. So that there is no way now left to find out the meaning of the oath as to this part but by their acts & actings, which, when considered, together with some other things useful in this business, will help to clear the true sense thereof. Three things then must be spoken to. 1. The rise & progress of this business, which is imported by this part of the oath, viz, the King's supremacy over persons ecclesiastic, & in ecclesiastic causes, in England. 2. The rise & progress of it in Scotland 3. Some acts & deeds of the King & Parliament who now tender it. As to the first of these. It is notour enough what King Henry the Eight did, when upon some private discontents he shook off the Pop's supremacy Anno 1530. for having caught the Clergy in a Praemunire, for countenanceing some way or other the Pop's legate, he would not be satisfied with their payment of 100000. lib: unless also they would acknowledge him, for the supreme head of the Church on earth, which after some debate in their Synod both in the upper & lower house of convocation, was condescended to, in form as followeth cujus, etc. of which Church. (viz the Church of England) we recognosce his Maj. to be the singular protector, the only & supreme Lord: & (so far as Christ's laws will permit) the supreme head.) This was subscribed unto by all, & put into their public acts or instruments, & presented to the King: afterward Parl. 24. c. 12. upon this ground it was statuted & ordained that all ecclesiastical suits & controversies, should be determined within the Kingdom, & all appeals to Rome were prohibited: and Parl. 25. c. 20. The manner of electing of Archbishops & Bishops was altered, & that power given & granted to the King, and upon this same foundation. Parl. 26. c. 1. it was declared that the King is supreme head of the Church of England, & that he should have all honours & preeminences which were annexed unto that title: & after this there followed another act. c. 3. for Tenths & first fruits as appertaineing to that headshipe & supreme authority. Hence also Anno 1532. The convocation submitting unto the King's Maj. promiseth in verbo sacerdotis [That they would never from thence forth presume, to attempt, allaidge, claim or put in ure, enact, promulge, or execute, any new canons, constitutions, ordinances, provincial or others or by whatsoever name, they shall be called, in the convocation unless the Kings most royal assent may to them be had, to make promulge & execute the same, & that his Maj. do give his most royal assent & authority in that behalf.] Which deed of theirs the Parliament did, shortly thereafter, ratify in these terms [That none of the said clergy from thence forth should presume to allaidge, claim, or put in ure, any constitutions, or ordinances, provincial or synodal or any other canons nor should enact promulge, or execute any such canons, constitutions or ordinances (by whatsoever name or names they may be called) in their convocations, in time coming (which always shall be assembled by the Kings write) unless the same clergy may have the kings most royal assent & licence, to make promulge & execute such canons constitutions, & ordinances provinicall & synodal; upon pain of every one of the said clergy doing the contrary to this act, & thereof convicted, to suffer imprisonment and make fine at the king's will. 25. Parl. c. 19] So Parl. 35. c. 1. There was another oath devised, & ratified which was to be imposed upon the subject, for the more clear asserting of the King's supremacy. By these Particulars any may see that Peter Martyr had good ground to say, as he doth on. 1. Sam. 8. That King Henry took all that power to himself which the Pope challenged [atque ho●… fortasse est quod Rex Angliae, voluit se secundum Christum appellari caput ecclesiae, putavit enim camp●…testatem quam sibi Papa usur paverat, suamesse, & in reguo suo ad se pertinere, i. e, he would there fore be called head of the Church next under Christ, because he thought that all that power which the Pope did usurp did belong to him within his own dominions] and he had good ground to say that [it was a proud title which gave much offence unto the godly] Nor was it without reason that judicious Calvin did inveigh so much against that title in his commentary on Amos 7. saying qui juitio tantopere etc. i e. They who at the first, did so much extol Henry king of England were no doubt, inconsider as men, they gave unto him the supreme power over all; and this did always wound me; They were blasphemous when they called him supreme head of the Church, under Christ] So that Peter Heylyn must not be believed, when he telleth the world in his discourse of the reformation of the Church of England, pag. 13. [That th●…se statutes which concern the king's supremacy, are not introductory of any new right that was not in the crown before, but only declaratory of an old] & again pag. 48. 49. [That when the supremacy was recognized by the Clergy in their convocation to king Henry 8. It was only the restoreing of him to his proper and original power invaded by the pope's of these later ages) for that title of supreme head, not only seemed to have some what in it of an innovation (as himself is forced to acknowledge in the following words) but really had an innovation in it of no small consequence as shall appear. But this title of supreme head gave offence both at home & abroad & therefore Queen Elizabeth did change it into this [of supreme governor over all persons, as well in all causes ecclesiastic as seville] & in these terms it was keeped, & is to this day: But all this change, did not much help the matter; for many were offended even there at, and what wonder, seeing it seemed to attribute to her Maj. no less spiritual jurisdiction & power then what the former oath did import. Whereupon the Queen, in the first year of her reign, after the Parliament had condescended on the forementioned oath published an admonition in her injunctions, of purpose, to explain & interpret the sense & meaning thereof; & gave it this sense [That nothing was, is or shall be meant or intended by the same oath, to have any other duty allegiance or bond required by the same than was acknowledged to be due to the most noble kings of famous memory King Henry 8. her Maj. father & King Edward 6. her Maj. brother. That her Maj. neither doth nor ever will challenge any other authority, then that which was challenged, & lately used by the said's noble kings, which is and was of ancient time due to the imperial crown of this realm. That is under God to have the sovereignty & rule over all manner of people borne within these realms, dominions & countries, of what estate either ecclesiastical or temporal, soever they be; so as no other foreign power shall, or aught to have any superiority over them.] And this was confirmed by Parliament 5. Eliz. cap. 1. But neither did this remove the offence; for still the oath did import more than sovereignty over all people, even over all causes also: and it was certain that King Henry 8. did both challenge & use more power than that, & therefore the convocation of the clergy meeting Anno 1562. took notice of the offence, & saw a necessity of declareing another sense, for the satisfaction of all, & this they did Artic. 37. declaring & signifying, [That there was no authority in sacred matters contained under that title, but that only prerogative, which had been given always to all Godly princes, in holy scriptures by God himself: viz That they should rule all Estates, and degrees, committed to their charge by God, whether they be Ecclesiastical or temporal, and to res●…raine with the civil sword, the stbb●…rn and evildo●…rs, as also to exclude thereby the Bishop of Rome from having any jurisdiction in the realm of England,] & this Article was assented unto, by the Parliament 13. of Eliz. c. 12. & is insert in the statute book. But, under favour, any may see that this covering was not sufficient to hide the deformites' of that oath as worded, for all the jurisdiction of the Bishop of Rome was hereby excluded: now the Bishop of Rome's power was more than civil, for it was ecclesiastic also; & the oath gave unto the Queen that which was taken away from the Pope: & more over, supreme governor in causes ecclesiastic importeth more than this explication doth. And therefore it had been much better, if no more had been intended, than this explication saifly taken, doth hold forth; to have changed the words of the oath & made them more conformable to the gloss: for every one who readeth & seeth this sense will not be able to discern an harmony betwixt them; the oath as worded holding forth more than the gloss & hence it was that for all this gloss, the English divines were put to much trouble to defend themselves; & when sorely pressed with the words of the oath they seemed to be at some loss & disadvantage; & were constrained to run from the words of the oath, unto the gloss, which is a sufficient proof that if no more be intended by the oath, than what is held forth in the gloss given, the oath ought to be otherways worded. & hence also it is that all the followers of Erastus, to this day, do look upon the Church of Engl. as wholly of their judgement, & this putteth such divines as write against Erastianisme to great pains, to search out the meaning of the English divines, to answer that objection, & certanely these divines would have wished that the oath had been otherwise worded; So that adversaries might have had less ground to boast of the Church of England's being of their judgement. Yea Triglandius in diss●…rt. de Civil. & Eccles. pot. Waveth the English divines, in this point, fearing possibly that he should not be able to extricate himself out of the thicket of difficulties which he might see before him, & therefore sayeth, Cap. 8. Pag. 154, & 155. Controversiam Anglorum, i. 〈◊〉. We own not the controversy of the Englishes with Papists, upon this subject a●… owrs; for we are not of the judgement of Papists; nor are we necessitated to defend our judgement, by the judgement of the English divines. And again in his Amapologia, Pag. 726. Col. 2. Quamvis non di●…eamur, etc. Though we cannot deny, but they (i. e. the Englishes,) in respect of the usurped hierarchy there, and the King's power over it, have extended the King's supremacy further than it ought to have been. And Apollonius in his Ius Majestatis, Part. 1. Pag. 11. telleth us that [Some reformed divines in the heat of disput against the Papists out of hatred to the Roman hierarchy did turn a little out of the right way, & that they spoke according to the laws of that Kingdom & commonwealth in which they lived. This especially is to be noted in those divines who wrote of the King's supremacy in the Kingdom of England. The learned have seen the writings of Lancelot, Tooker, Burchill, Thomson, and Salcobrig, etc. And the writings of their adversaries, who debated with them concerning the King's supremacy, & all who are not slaves in their judgements, unto the great ones of the World, may see clearly that there are failings on both hands.] And again out of Didoclave, Pag. 43. he telleth us, [That albeit they did bloat out the metaphorical title of the head of the Church, lest it should give offence, & put in its place, the Supreme Governor; Yet the sense was the same; for Henry of Salisburry sayeth, That the King of England is the primate of the Church of England, & that he is a mixed person, having both Ecclesiastic & temporal Jurisdiction, & that in a supreme way: & proveth from the statute I. Eliz. that the jurisdict. Eccl. which was, or might have been exercised, by any spiritual or Church power, for visiting the Ecclesiastic state & order, for reforming, bringing into order & punishing Churchmen, all sort of errors, schisms, abuses, offences, & enormities, within the Kingdom, is for ever annexed unto the Crown.] So that it is too too apparent that several of the English divines run a further length & give a larger exposition of the supremacy: So dangerous a thing is it to admit of oaths, which must have strained glosses, & commentaries, for clearing of them; & which the words will not in a fair construction, bear: moreover if any consult the later actings of King & Parliament there in England, they shall see a far other sense put upon it; & such as plead for the present change of Church government there, walk much upon this supremacy; & particularly the author of the grand case asketh how any man who hath taken or is willing to take that oath, can speak against the King's power of setting up what form of Church government he pleaseth in the Church; which whether it may not make Englishmen of a truly tender conscience scruple now, at the taking of that oath, let wise men judge. Next as to the rise of this power over the Church, & the occasion of this oath in Scotland: seeing it may sufficiently be gathered from the short historical narration of the government of the Church set down Sect. 1. a short recapitulation will be sufficient here. In the confession of faith (which was ratified & approved by the Parliament, Anno 1560. & again ratified & insert in the records Anno 1567.) cap. 25. the power in Church matters which is there given unto the civil Magistrate is in these words. [That to them chiefly and most principally appertaineth the conservation & purgation of religion— and they are apppointed for the maintenance of the true religion, and for suppressing of idola●…ry and superstition] & in that same Parl. An. 1567., Act 2. there is an act which was made Anno 1560. ratified ordaineing that the ●…ishop of Rome called the Pope have no jurisdiction or authority within this realm, and that none of his Maj. subjects, suit or desire title, or right of the said Bishop of Rome or his sect. to any thing within his realm under the pain of banishment, etc. and that no Bishop use any jurisdiction in time coming by the said Bishop of Rome's authority under the pain forsaid, whereby the Pope's authority was quite rejected not only in civil matters, but in Church matters, & yet there is no express word of the Kings being invested with any such power. Anno 1568. There was one Thomas Bassenden Printer in Edinburgh who did print a book entitled the fall of the Roman Church, and in that book the King was called the supreme head of the Church. This gave great offence, & moved the general assembly to cause call in these books, & to delete that title of the Kings. But all this did not preserve the Church from encroachments, for when Montgom. pretended Archb. of Glasgow was proceeded against, the king summoned the whole synod of Lothian before him & afterward when this same Mr Montgomery was summoned before the national Assembly, there came a Messinger of arms from his Maj. to discharge the Assembly under the pain of rebellion & of putting of them to the horn, to proceed any further; whereupon the assembly did complain of this encroachment, April 27, Anno 1580. as such the like whereof had never been made before. But this availed not for Mr Balcanquell & Mr Dury were summoned before the Council for some freedom which they had used in preaching: Of this the Assembly did complain again, which occasioned a conference betwixt the King & some Ministers, the result whereof was [That in all time coming the trial of Minister's doctrine should be referred to Church judicatories as the only competent judge.] But this was soon forgotten, for Anno 1581. Mr Balcanquell was again accused, & the privileges of the Church were encroached upon, which did put the Church to supplicat Anno 1582. & complain that, [His Maj. by advice of some consellours was about to take the spiritual Power & authority upon himself propperly belonging unto Christ as the King & head of his church, & of the ministry; & the execution thereof unto such as bear office in ecclesiastical government, so that in his person some men press to erect a new Popedom, as if his Maj. could not be full King & head of the commonwealth unless the spiritual as well as the temporal power should be put into his hand, unless Christ be bereft of his authority, & the two jurisdictions confounded, which God hath divided, which tendeth directly to the wreck of all true relig.] & it their next assembly there was an article drawn up to be presented unto his Maj. to this affect [That seeing the jurisdiction of the Church was granted by God the Father, through our Mediator JESUS CHRIST, & given to those only, who by preaching & overseeing, bear office within the same, to be exercised, not by the injunctions of men, but by the only rule of God's Word; That an Act of Parliament concerning the liberty & jurisdiction of the Church, be so plainly declared, that hereafter none other under whatsoever pretence have any colour to ascribe or take upon them any part thereof in placing or displaceing of Ministers of God's Word, in spiritual livings or offices, without the Church's admission; or in stopping the mouths of preachers, or taking upon them, the judgement or trial of doctrine, or of hindering or disannulling the censures of the Church, or exeeming any offendor there from. By the endeavours of these faithful worthies, any may see what a Spirit was stirring then, when the King would assume to himself spiritual power & authority, & so rob Christ of that which belongeth to him, as King & head of the Church; & make himself a Pope & the fountain of all power & jurisdiction, both civil & ecclesiastic, & challenge power, to give commission for deposeing & ordaineing of Ministers, & hinder free preaching, to try & censure doctrine, & to annul all Church censures as he pleased. This was the Spirit that was then stirring at court, & this is the supremacy to the life, & this was it which court parasites said, did belong unto the crown, let the Church, say & do to the contrary what she could. Hence a little after this Mr Melvin was accused for his sermon, & after he had declined the King & his Council as incompetent judges in that cause, was forced to withdraw to Berwick, for fear of his life. Anno 1584. The Parliament which was suddenly convocated did put the copestone upon this business, & gave the King in form what he had assumed to himself formerly upon the matter, & in their very first Act give him Royal power and authority over all Estates as well spiritual as temporal, within the realm. And Statute and ordain that he and his heirs or successors be themselves, and their Counsels in all time coming, judges competent to all people of whatsoever Estate degree, function, 〈◊〉 condition they be of, spiritual or temporal, in all matters— & that none decline their judgement in the premises under the pain of treason. From this supremacy flowed the impowering of Bishops with Church jurisdiction, as commissioners from the King, so that when the King wrote unto a Prelate he stilled him, Our beloved clerk & Commissioner in Ecclesiastical causes. So that by this supremacy, the power of Church jurisdiction was made proper to the King, & the exercise thereof was committed by him, to whom he would. After this blast was something blown over Anno 1592. Papists & others at court stir up his Maj. against the government of the Church, so that when the commissioners of the General Assembly had met, & had sent some of their number to show the King what offence was taken, at his calling home the Popish Lords, he was offended & asked how they durst meet without his warr●…nd. But Mr Andrew Melvin answered, [That there were two Kings & two Kingdoms in Scotland, & that Christ was a King, & the Church, his Kingdom, & that he himself, was a subject unto Christ, & a member of his Church & neither head nor King thereof & that the spiritual 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, until the marches of their jurisdiction were rid, & that they might not speak in pulpit of the affairs of the Estate or Council, & that no General Assembly should meet without his special command, & that Church judicatures should meddle with fornication & luch like scandals, but not with causes whereupon his laws do strike.] & shortly thereafter Mr Blake was summoned & did decline, & his declinature was owned by several hundereds of Ministers: when King james saw this he laboured to ensnare the Ministry & 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 than formerly; for Anno 1606. Six Ministers were convicted of treason, & condemned for declineing the council as an incompetent judge in matters ecclesiastic, & all by virtue of the Act of Parl. 1584. And the Parliament which did meet that year 1606. to make all sure, did acknowledge his Maj. sovereign authority, princely power, royal prerogative, & 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 royal progenitoure Kings of Scotland, in any time by gone, possessed, used and exercised. Thus was the copestone of this supremacy put on again: And at that pretended assembly at Glasgow A●…no 1610. it was acknowledged that, The indiction of the General Assembly did appertain unto his Maj. by the prerogative of his royal crown. And it was ordained that the oath (which is set down before pag. 37. be sworn 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 again ratified & this conclusion was drawn from it, that he hath power to prescribe what apparel 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 faithful 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 fears of such as did then scruple at the oath were not groundless seeing the after actings of king & Parlia●…. have abundantly confirmed the apprehensions, which such had of their giving to the King, & of his taking, more power in Church matters than themselves would then acknowledge or confess 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 s●…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 sovereignty did retch ecclesiastik causes objectively, though in its own nature it was always civil, & extrinsic. But this did not satisfy & therefore it was evident enough that they did intend some other thing by that oath, than every one could well see. 2. In the 4. Act of their first session it is made a part of the King's prerogative, That none of his highness subjects, of whatsoever quality state or function, presume to convocat, conveen, or assemble themselves for holding of counsels, to treat consult & determine, in any matter of state, civil or ecclesiastic, (except in ordinary judgements) without his Maj. special command, of express licence, had & obtained thereto under the pains, etc. By which it is apparent that they will have no Church judicatories without his command or licence otherwise his prerogative is violated, & so it is a piece of his prerogative & supremacy, to have all these assemblies depending ●…o upon him, as civil meetings do, that is, that they shall be null without his express consent and command; for this part of the act is in every word conform & relative to, that black act Anno 1584. viz act 3. parl. 8. King jam. 6, by which all Church judicatories which had been set up conform 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 settle & secure the same in such a frame, as shall be most agreeable to the word of God, most suitable to monarchical government, & most complying with the public peace, & quiet of the Kingdom, & in the mean 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 form of Church government s●…t down in the word 2. That every nation is left at liberty in this, to choose what form they will, as most suit●…ing to civil government & complying with the people, temper. 3. That he is judge of what form of government is most agreeable to the word of God. 4. That this government 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 national Synod, ratified by Parliament in their second Session, which is worth the noticeing, the Act is thus worded; [For as much as the ordering & disposal of the external government of the Church, & the nomination of the people by whose advice, matters relating to the famine, are to be settled, doth belong to his Maj. as an inherent right of the Crown, by virtue of his prerogative Royal, & supreme authority in causes Ecclesiastic: And in prosecution of this trust his Maj. considering, how fit & necessary, it is for the honour & service of almighty God, the good & quiet of the Church, & the better government thereof in unity & order. That there be a National Synod & Assembly duly constitut within this kingdom. Hath therefore apppointed & declared, & by these presents appoints & declares. That there shall be a National Synod of the Church of Scotland: And that this Synod for the lawful members thereof shall consist & be constituted of the Archbishops of St Andrews & Glasgow, & the remanent Bishops of these two Provinces, of all Deans of cathedral Churches, Archdeacon's, of all the moderators of meetings for exercise, allowed by the Bishops of the respective dioceses, & of one Presbyter or Minister of each meeting to be chosen & elected, by the moderator & plurality of the Presbyters of the same; And of one or two from the University of St Andrews, one from Glasgow, one from the King's college, one from Marshells college of Aberdeen, & one from Edinburgh: And this Synod thus constitut, is to meet at such times, & in such places as his Maj. by his proclamation shall appoint; And is to debate, treat, consider, consult, conclude, & determine upon such pious matters, causes, & things, concerning the doctrine, worship, discipline, & government of this Church, as his Maj. under his Royal hand shall deliver, or cause be delivered to the Archbishop of St Andrews, & precedent of the said national Assembly, to be by him offered to their consideration, The Estates of Parliament do humbly recognosce & acknowledge his Maj. Royal power & prerogative afore said, with the piety justice & prudence of his Maj. resolution therein: Like as his Maj. with their advice & consent doth hereby establish, ratify & confirm this constitution of a national Assembly, as the lawful constitution of the national Synods & Assemblies of this Church: His Maj. or his Commissioner (without whose presence no national Synod can be keeped) being always present: & declareth that no Act canon, order or ordinance shall be owned as an ordinance of the national Synod of the Church of Scotland, so as to be of any effect force or validity in law, to be observed & keeped by the Archbishops, Bishops, the inferior Clergy, & all other persons within the realm, as far as lawfully, being members of this national Church, it doth concern them, but that which shall be considered, consulted, & agreed upon, by the precedent & major part of the members above specified. It is always hereby provided that nothing be enacted or put in execution by authority of a national Synod, within this Kingdom, which shall be contrary to his Maj. Royal prerogative, or to the laws of the Kingdom & that no act, matter or cause be debated, consulted, & concluded upon, but what shall be allowed, approved & confirmed by his Maj. or his Commissioner present at the said national Synod. In which Act these things are remarkable 1. That Church Assemblies may not meet without his warrant. 2. The King or his Commissioner, are essential constituent members thereof. 3. That the King hath power to appoint the very constituent members of the Synod. 4. Ruleing elders are excluded out of Church judicatories. 5, That the constant moderator hath a more than ordinary voice in the exercise; for the member to be chosen there, must be elected by him, & the major part of the rest. 6. Nothing can be agreed upon without the consent of the Archbishop of St: Andrews, & thus he hath a negative voice. 7. Nothing must be debated either concerning doctrine, worship, discipline or government, but what his Maj. pleaseth. 8. Nothing must be concluded but what his Maj. or his commissioner doth approve & confirm. 9, All this is founded on his supremacy. 10. And his supreme authority over all people, & in all causes, & his prerogative royal, are declared to be all one. 5. There is another commission granted for the heigh commission a part whereof followeth. Our Sovereign Lord ordains a commission to be passed & exped under his Maj. great seal of the Kingdom of Scotland making mention, That in consideration of the multiplicity & weight of Church affairs, & of the Estate, incumbent upon the Lords of privy council, so as they cannot attain the due execution of the laws— & to the effect that the disorders & contempt of authority— may be timeously suppressed— His Maj. by virtue of his prerogative in all causes, & over all persons, as well ecclesiastic as civil; has given & granted, like as his Maj. by the tenor hereof giveth & granteth full power & commission to the Archbishop of St Andrews. The Lord chancellor L. treasurer, archbishop of Glasgow, Duk Hamilton, Marquis of Mon●…se etc.— or any five of them, a Archbishop or Bishop being one of the number— To summon and call before them, all— contemners of the discipline of the Church, & for that cause suspend deprive, and excommunicate all keepers of conventicles, etc.— to appoint ministers to be censured; by suspension and deposition; and punished by fineing, confining, and incarcerating them, and all other persons who shell be found transgressors as aforesaid; etc. Out of this Act, these things are remarkable. 1. Here is a mixed court made up of Church men & civil men. 2. A court meddling both with civil & ecclesiastic punishments, for they have power of deposeing, excommunicating fineing and imprisoneing. 3. A court founded upon his Maj. prerogative in all causes, & over all persons, as well ecclesiastic as civil. 4. An Archbishop or Bishop is s●…e quo non & one of those with four others may do all themselves. By what is said, something of the meaning of this oath, according to their sense who tender it, may be discovered, & the business being so clear much time needeth not be spent, in handling that long & tedious controversy concerning the Magistrates power in Church matters: Only a hint at some few things, as reasons why this oath thus tendered & explained, could not be taken, will be sufficient. 1. By this means, they should upon the matter have affirmed, that the King was head of the Church for it is clear that he assumeth to himself power of appointing new officers in Christ's house, & new courts & judicatures, which Christ did never appoint, & of committing Church power to whom he will; of appointing what form of Government in the Church, he thinketh fit; modelling the constitution of Church idicatories, appointing who shall be members, & who not, & who members siue quibus non, of limiting the bounds of their procedure, by appointing what they shall treat of, & what not; of putting life in their canons & constitutions, etc. Thus all Church power shall flow from him, & he shall become the head of the Church, under Christ, the same way that he is head of the commonwealth under God: And indeed the prelate & their creatures, are not ashamed in their public prayers, to style the King head of the Church. Now could any faithful & zealous Christian of servant of Christ, consent unto this dreadful incrouchment & usurpation, by subscribing any oath which might import the same: Who can but hear of it, & his heart not tremble: Let all the arguments which the reformed divines make use of, against the usurped headshipe of the Pope be considered & they will, with equal strength, militat against this usurpation, & justify the refuseing of this oath upon that account: yea Arminius himself disp. de pontiff. Rom. Thes 3. sayeth that the Church hath but one head, otherwise she should be a monster. 2. By this means, they should upon the matter lick up popery which they have abjured again & again, for none will say that they have abjured such a piece of popery, only as it was seated in the head of the man with the treeple crown that sitteth at Rome, & not simply in itself as a blasphemous tenant: No reformed divine writeth against the Pope's supremacy & headshipe, as a power usurped by him, to the prejudice of some one prince or other; but as a heigh & insolent usurpation of that, which belongeth unto him who is King of Kings & Lord of Lords, for this were not to speak against an encroachment made upon the privileges & prerogatives of the King of his Church, but against some civil wrongs done to a neighbour prince or state: & indeed the adversaries are not ashamed to say that the Pope in his usurpation of this Church jurisdiction, wronged not Christ; but more immediately the King & Princes, unto whom that power did belong of right before & therefore, they say, that King Henry 8. assumed but his own back again & that he neither took, nor did the Parliament give him, any new power which did not belong to him before: So said Heylyn as was shown. But if any should assent unto this they should consent only unto the change of the pope but not unto the change of the Popedom & should shake off an ecclesiastical Pope & submit unto a civil Pope: For Zepp●…rus speaketh with reason, when he sayeth, P●…lit. Eccles. Lib. 3: c. 13. [Quando tota Doctrinae & cultus &c, i. e. When all the matter of Doctrine & worship, as also of the constitution of the Church is ordered according to the pleasure of the Prince alone; the counsel & advice of the ministers of the word, & of their synods, being despised; & when such are declared rebels who will not assent unto all that which these politicians do, & when the whole Government of the Church is made over to them almost by an apostolic authority, who only exerce an external & political power on the outward main: Then doth themagistrat go beyond his bounds, & the Popedomeiss not taken away, but changed; yea & made twofold worse] yea & the Arminians in their apology do call this the very heart & marrow of Popery which being granted all his other usurpations do necessarily follow. 3, By this means, they should grant that ministers, is the very discharge of their ministerial function, are subordin●… unto the supreme Magistat & his power, acting under him, as his servants & commissioners. This is clear in the exercise of jurisdiction & discipline. The prelates are his Maj. Commissioners in matters of discipline, they receive their commission from him, to depose, to silence, & to excommunicate; & so also they must Act as his commissioners in lesser censures, as in public rebuking for sin, & the like: & seeing both the keys of doctrine & discipline were given at once, if the key of jurisdiction or discipline come from Christ mediately, & from the King immediately, so must the key of doctrine, for the scripture showeth no distinction, & none may separat the keys, which Christ hath tied together: & thus every minister must come forth, & preach, exhort, rebuke, censure & ex communicate, not in the name of Christ immediately, but in the name of the King. But to this they could not assent, & therefore they could not take the oath. 4. By this means, they should grant that the supreme Magistrate himself, might, immediately in his own person; rebuke publicly the scandalous, debarr from the sacraments, depose, suspend & excommunicate; for what his commissioners do, by virtue of a commission from him, that he may do himself immediately, But this could no be yielded to; there being not the least warrant for it imaginable out of the word, but much against it: & therefore none, except an Erastian or Arminian will condemn such as refuse an oath which would import this, see Voetius de politia ecclesi, pag. 146. arg. 12. 5. By this means, they should have, upon the matter, opened a door unto the King's bringing into the Church, what popish rites & external superstitious ceremonies, he pleaseth●…: By the act for the national Synod he hath, as an inherent in the crown, the ordering & disposal of the external government of the Church, & power to settle all things concerning doctrine, worship, discipline & government, by the advice of the national Synod which is but as his Council, so that the whole power of ordering, & settling the matter of the worship, is in his own hand: & it was upon this ground that the former prelates did warrant their use of the ceremonies: his supremacy was a basis unto this: So said Camero in his prael. Tom. 1. pag. 370. 371. & Tom. 2. pag. 41. That in all things perteineing to external order in religion, Kings may command what they will pro authoritate. And thus they should consent unto opening of a door unto all the trash of Rome, & the significant ceremonies that are there: for if the King have such power, what ceremony may he not bring in? & who is there to control him in any thing of that kind? who may ask whether lawful or unlawful, seeing no question he himself will call all that which he doth, most lawful; & he is not without the compass of his power, or authority, or calling, when he appointeth the use of those ceremonies, if he be thus rector Ecclesiae. Now who can acknowledge that any such power doth belong unto the supreme Magistrate, to institute any significant ceremony, or part of God's worship? this being the very sin of Ier●…oam. 1. King 12: 28, 33. It was his fault to devise of his own heart, those ceremonies of sacred signs, places, or persons & times. And therefore they could not take such an oath & be guilt●…sse. 6. By this means, they should have granted that he had power to change the whole frame of religion, & so give way unto his bringing in the whole body of popery, or what he would; for by this oath he should have granted unto him, the supreme power in matters concerning doctrine, worship, discipline & government. It was charged upon the Church of England, by some adversaries, that the great alteration of their religion that was made from popery to the truth & back again to popery, & so forth in the days of Henry 8. Edward 6. Mary & Elizabeth, in the space of Thirty years, wa●… grounded upo●…, & occasioned by that which is contained in this oath; for by virtue of this oath, these several Kings & Queens took upon them, to alter & change as they thought good: & this is ordinarily seen in supreme powers, when they begin to usurp. So that it is a sad truth which Calvin hath in his c●…mment on Amos. cap. 7. v 13. & h●… sacrilegium, &c i e. & this sacrilege rageth & prevaileth with us, because they cannot keep within lawful bounds but they think they cannot reign, unless they take away all the authority of the Church, & become the heigh est judges as well in doctrine as in all the spiritual government Therefore the devil gave to Amaziah this counsel— a mediocrity should therefore be keeped because this disease hath always been in princes, that they would make religion how according to their own lust & pleasure. And this is a part of the Cesario-papatus the state papacy of which Wigandus in his 13 cvill complaineth viz. That they set up a new form of religion. And now seeing doolfull experience proveth how ready princes, & Magistrates are, to go beyond bounds, & to arrogat to themselves more than is allowed, is it fit for Ministers or Christians to blow at that coal of ambition, by asserting in words as much as they desire? They do not much value the glosses which any may devise afterward, to cover the shame of their nakedness: were it not better to hold back such as run too willingly of their own accord, to the ruin of religion, & the interests of Christ? It cannot then be saife, for any to have a hand in setting up a state Antichrist to the ruin & destruction of the Church of Christ And though the gracious disposition of the prince should be otherwise set, & he should not abuse his power to the hurt of religion; yet no thanks to his sycophants who ascribe such power to him▪ as, if put into act, would ruin religion & the Church of Christ, & which of its own nature tendeth thereunto, if it meet not with accidental stops: whatever may be said of the power of the supr. Mag. concerning determineing & appointing what religion shall be publicly professed within his dominions, yet this power agreeth not to him byvertue of his supremacy in Church matters, but by virtue of his supreme magistratical power by which he is to have a care of all public things: But this supremacy in Church matters, is a far other thing, for it giveth intrinsicke & Architectonic power in Church matters, & this agreeth only to the Lord Jesus, who is the alone head of the Church & therefore it cannot be said to belong unto the supreme Magistrate. 7. By this oath they should grant that the civil, magistrate as such, should be a Church member; because he who hath a chief hand in Church affairs, cannot but be a Church member: he who is a chief member in Church judicatories, cannot but be a Church member: He who hath Church power cannot but be a Church member: & he whose commissioners Ministers are in Church administrations, must certanely be a Churchmember: Now all these they give unto the King not as a Christian, but as a King; for they annex them unto the crown, and make them part of the royal prerogative. But this cannot be assented unto, for then every heathen Magistrate should be a Church member, because a heathen Magistrate is a Magistrate, as essentially, as a Christian Magistrate: Christianity addeth no Magistratical power, it maketh not one more a King or a magistrate, than he was; it only qualifieth & enableth him for the right administration, or execution of the power, but addeth no new power. Moreover magistracy hath nothing to do, either with the matter or with the form of Church member ship, real grace & union with Christ maketh one a member of Christ's mystical body; & serjous profession of the true religion, maketh one a member of the visible Church, but magistratical power, honour, & dignity hath no interest here, no such thing commendeth a man to Christ. 8. By taking of this oath, they should have said that the civil magistrate as such, is a Church officer, because as he is in possession of the crown & of the royal prerogatives thereto annexed, he hath the disposal of the external government of the Church: No national Synod can hold without him, none of their acts hath the power of canons without him: He hath power by his commissioners civil & ecclesiastic persons, to excommunicate, depose, & suspend ministers, etc. But this cannot be granted; for then. 1. Heathen magistrates should be Church officers. 2. Such as are not Church members should be Church officers. 3. Women should be Church officers, for such may be Magistrates. 4. Then no magistrates should be chosen, but such as have the qualifications requisite in a Church officer. 5. There is no ground or reason which can be given for this. 6. There should be no Church officer but such as are mentioned in the gospel; & among all the Church officers mentioned in the gospel there is not one word of him. 9 By taking of this oath they should say, Not only that the supreme magistrate as such, is a Church officer; but that he is a Church officer of the highest degree; the supreme Church officer next under Christ, for he is put above all the ordinary Church officers, who act only in subordination unto him: pastors & Doctors are but his commissioners, & have their power from him, & must be accountable to him, in their administration. But certanely this cannot be true, for then. 1. This must be also affirmed of a heathen: for a qua tali ad de omni valet consequentia. 2. It is not credible that Christ should have apppointed such an eminent Church officer who was to continue unto the end of the world & never show us how he should be called, nor what his qualifications should be, nor the way of his ordination, nor his work. 3. Then women & children might be such eminent Church officers. 4, Or none should be supreme Magistrates, but such as are fit for such an eminent Charge in the Church. But both these are false. 10. By taking of this oath, They should lay the foundation of a lasting confusion betwixt Church & state. God hath been pleased in all ages, to set clear & distinct limits, & bounds, to each of those, that they might not be confounded or mixed together: In the old testament there was a clear difference be ●…uixt the two, & so in the new testament: Divines writing against Erastus have made it clear that they are distinct toto genere; both in the fountain of their power, in the subject matter, in the manner of working, & in the nearest end designed, & many such like: so that it is needless to say any thing of it here. Now in asserting this supremacy they should lay the ground of this confusion, & yield that a Church as a Church should be 〈◊〉 commonwealth & a commonw●… 〈◊〉 ipso that it is a commonws▪ should be a Church, because a supreme governor in Church matters hath reference unto a Church, & a supreme governor in civil matters, hath reference unto a commonwealth: & so make the supreme governor of the commonwealth, upon that account that he is such a supreme governor, the supr. gov. of the Church & then ●…o ipso that he is the supreme governor of the commonwealth he should have reference unto the Church, & so a Church should be a commonwealth, & a commonwealth a Church, which is most false. Moreover this new commission court is another speaking evidence of this mixture flowing from this supremacy; for in that court Church officers meddle with civil matters: & state officers meddle with Church matters & both do so, as they are such & such officers, & as his Ma●…▪ commissioners and therefore they could not assent unto this. That which Luther sayeth in responso ad Melanth de ceremonijs, cited by Voetius ubi supra pag. 174. Is worth the marking Seing it is certain that these administrations are distinct viz. the ecclesiastic and politic, which Satan did confound by Popery we must watch and see that they be not again confounded— and if we suffer this we should be guilty of sacrilege, and we must rather choice to die then sinso see further what he citeth out of Olevianus pag. 179. and 180. 11. By taking of this oath, they should grant that the magistrate as such is a proper & competent judge in Church matters, a proper & competent judge of ministers, of their doctrine, & of other Church matters; because it was upon this ground, of faithful ministers their declineing of the King's & his council their judgement, in Church matters, that the Parliament 1584. Did grant unto the King this supremacy. It was intended for this end, that he might have power to call, convent, judge & sentence Ministers for the faithful discharge of their duty, & exoneration of their consciences, as their lawful, formal & competent judge in Church matters, though under the notion of treason & sedition. Moreover he is made proper judge of what is the best form of Church Government, of what is the best constitution of a Church judicature, & what are the most sit & lawful acts & conclusions or canons of Synods: & he is made proper judge in matters deserving excommunication, suspension & deposition, & all these are Church matters. Now the falsehood of this is so satisfactorily discovered by divines that none can be blamed for refuseing an oath, which would import an assenting unto these things as truths. Sure every Magistrate is not fit for such matters; & should no other be a Magistrate but he who is fit for such questions? Where is there any precept or precedent for thi●… What need is there then for Church Officers for Church matters if the civil Magistrate may do all? see learned Voet polit Eccles. pag. 146. Arg. 12. yea if they had taken this oath, they had condemned their worthy predecessors who took their hazard, & declined the judgement of the civil Magistrate in Church matters, & should justify the severe sentences of imprisonment consinement, & banishment, which passed against them; & should assent unto the lawfulness of all these acts, which established iniquity & tyranny by law: And how could they have done this with a good conscience? 12. By taking of his oath, they should grant that Ministers in the discharge of their Ministerial function, were not under Christ immediately but under the Magistrate; for as his commissioners they sit in the high Commission court & are accountable to him, for their mal administration, & so are immediately under him, as their immediate superior & Master. But this they could not grant. Seing 1. As was said, these two powers are toto genere distinct, & so there cannot be a subordination amongst them. 2. There is no warrant for Ministers receiving of instructions from the Magistrate. 3. Nor for any civil Pope more than for a Church Pope. 4. Ministers in scripture are said to have immediate relation unto, & commission from God, & not from the Magistrate therefore they are called priests of God. 2. Chron. 13: 9, 12. Men of God. 2. Pet. 11 2. Tim. 3: 17. And are commissionated from Christ Luk. 10: 2. Mat. 20: 2. & 21: 34: 25. & 22: 2, 3, 10. & 24, 45. Isa. 6. v. 8▪ joh. 20: 21. Gal. 1: 1. & not from the Magistrate. They act in the name of Christ, & by power from him. 1. Cor. 5. But there is enough spoken to this by judicious Wallaus & others writing against Vtenb●…gard & other Erastians' which will abundantly justify the refuseing of this oath: see further learned doct. Voetius de polit Eccles. pag. 145. Arg. 10. 13. By the taking of this oath thus tendered, they should grant that the supreme Magistrate is exempted from subjection unto the Ministry of the messengers of the Lord; for if Ministers in their Ministerial function, act as commissioners from him, & as accountable to him; then in the same administration they cannot be above him; a commissioner in the particular wherein he is a commissioner, cannot be over him whose commissioner he is. But this they could not grant; because there is no warrant for this exemption. Kings of old were not exempted from rebukes, & all are commanded to obey such as are set over them. Heb. 13: 17. no King is excepted: Emperors have submitted unto discipline. Therefore they could not take this oath. 14. By taking of this oath, they should yield unto many palpable & into lerable encroachment▪ made upon the liberties & privileges of the Church of Christ, Which could not be done without great sin & iniquity: As 1. That there could be no Church judicatories or assemblies without his warrant or express consent for in the act concerning the acknowledging of the royal prerogative, among other things annexed to the crown, this is one, the conveening of his subjects, & this is explained Act 4. Where it is ordained that none of his subjects conveen for holding of— Assemblies, to treat Consult & determine in any matter— ecclesiastic: And upon this ground doth the act concerning the national Synod go: And upon this ground did King james take upon him to prorogate assemblies either to definite or indefinite times, as he thought good. Now no faithful Minister or Christian could assent to this: Because 1. Whatever may be said upon the grounds of prudence at some times; yet when the business is spoken to, as a case of conscience, & according to the rule of the word, this is true, that though the Church be in the commonwealth yet she is a distinct society from the commonwealth, & hath power from Christ, to hold her own meetings & Assemblies, for her own government, as she did while she was under heathen Emperors in the days of the Apostles. 2, It hath been shown before what is the judgement of the Church of Scotland, in this particular, in their preface to the confession of faith. 3. There is no express command either for seeking or having his express consent. The reformers of the Church of Scotland never once thought of this, but as oft as conveniently they might, & as necessity urged, they keeped Assemblies, not only without the consent of the supreme Magistrate, but oftimes against their will, thinking it their duty to Assemble for the relief of the Church ay until some difficulty were laid in their way which they could not win over, until some physical restraint, or some what equivalent were laid upon them. 5. It would neither be fit nor saife, for them to condemn the worthies who stood so zealously for the truth, & keeped that Assembly at Aberdeen, which occasioned their banishment. 2. That the power of convocating & indicting of Synods & Assemblies doth belong only unto the Magistrate. The act for the National Synod doth abundantly clear this. But to assent to this were a palpable wronging of the Church which hath intrinsic power for this, & needeth not go out of herself to seek it. The Synod which did meet 〈◊〉 15 was not indicted by any civil Magistrate. The Church should then be in an irremediable case when the civil Magistrate is an enemy; but God hath provided means for the saifty & preservation of his Church, Even when the higher powers are but small friends unto her, (as oftimes it falleth out) see the judicious & learned doct. Voet: de Pol: Eccles: Pag. 184. Quaest: 5. 3. That the power of delegating unto assemblies doth belong to him alone, so as he may appoint all the constituent members thereof, according as he pleaseth, as the Act for the national Synod sayeth, he doth; & that by virtue of his supremacy. But this were a gross wronging, & robbing of Churches, of their power & privilege, of delegating such, as they think fit, according to the Example of Antioch sending Paul & Barnabas to that Synod Act 15. & the practice of the Church in all ages see Voet: ubi supra Pag. 187 Quaest 7. & 8. Yea if so the people delegated should vote in his name & not in the name of Christ, or of the Church: & the meeting should not be a pure Church meeting but either wholly political, or else politico-ecclesiasticall. 4. That he might dissolve Church assemblies, & Synods when he pleaseth for the fore mentioned Act for the Nat. Synod warrandeth them to meet only at such times, as he pleaseth: But this were a great wrong done unto the Church privileges: See Voet. ubi supra Pag. 190. Q●…. 13. & 14. Synods should be no helps unto the poor Church if they might sit, no longeri (what ever necessity might urge) than his Maj: thought good to suffer. There is no warrant for any such dependence of Church judicatories upon the civil Magistrat's discretion. If Christ hath allowed Synods to his Church for determineing in Church affairs, he hath allowed them to sit until they finish the business for which they did assemble: Yea if they should yield to this they should condemn the assembly at Glasgow 1638. which did sit until they had ended their business, notwithstanding of a command to dissolve. 5. That his presence or the presence of his commissioner is necessary unto each national assembly, for the Act of Parliament ratifying the Act for the national Synod sayeth expressly that without the presence of the King or of his commissioner no national Synod can be keeped. But 1. there is no law of God for this. 2. The Synods in the primitive times, were held without his presence. 3. There were many general assemblies held in Scotland without his presence. 4. The Magistrate as such is no constituent member of the Synod, & therefore his presence is not necessarily requisite see Voet: ubi supra Pag. 188. Quaest 9 5. If there be such a necessity for his presence at national Synods, he must not be absent from lesser assemblies, & thus there shall be no Church judicature held without his presence, which were most absurd: See what the learned & famous Voetius sayeth to this pol. Eccles. Part. 1. Pag. 199. 200. 6. That Ministers have no proper decisive fuffrage in Synods, because the forecited Act sayeth, That matters are to be settled only by their advice, So that in their Synod they are only the King's counsellors convened to advise & consult, & a power only to advise, is no decisive fuffrage: & so the Act concluded, is the deed of the supreme Magistrate following their advice, & is not their deed. Now this is most absurd & destructive to all Synods, & of all their power: & thus it should be far worse with Synods now, when Magistrates are Christians then when they were heathens. Moreover there is no warrant for his having with the rest of 〈◊〉 the commissioners, a voice in those Synods, far less, for his having the whole power. It is clear that as a Magistat he can have no suffrage or voice in these Synods; for then heathens who are no way qualified for such a business should have it likewise, Yea if it were so, all the determinations of Synods should be civil Acts, & no Church Acts, being done by one who is no Church officer, yea nor a Church member, as such, let be a Church judicature. This was Episcopius the Arminian his judgement in disput. de jure Magistratus circa sacra Thes. 16. viz. that he may convocat assemblies, choose members, prescribe laws unto them, & the way of pr●…cedour, ask the suffrages, & either peremptorily enact, or approve what is done, that it may pass into a law: see Voet. ubi supra, pag. 191. Q●…. 16. 7. That the judicatories of the Church be prelimited: for nothing may be enacted by the national Synod which is contrary to his Maj. royal prerogative; or to the laws of the land, so sayeth the Parliaments ratification of the Act for the national Synod. But what if iniquity be established by a law; & what if Christ's royal prerogatives be taken from him & given to the King? shall the Church in her judicatories do nothing for the truth? shall she give no testimony against these usurpations? shall the laws of the land & the King's prerogatives be her Cynosura? what use shall be made of the word of God then? where is there any such caution or limitation given to the Church? But enough of this. 8. That Church judicatories may not so much as consult & debate, about any Act, matter or cause, but what shall be allowed & approved by his Maj. or his commissioner; for these are the very words of the Act of Parliament. But who can assent unto this intolerable jncroachment, destructive of all Church judicatures, making them no judicatories at all, but a company of men convened: for giving advice. But where was there ever the like of this Church judicature? The nameing of those things is sufficient to discover their vanity: see excellent Vo●…t. ubi supr●… Pag. 189. Quaest 11. 9 That no Church canon or ordinance hath any effect force or validity but what shall be approved & confirmed by him or his commissioner, for so much doth the fore cited Act import, now who but he who hath drunken in the opinions of Erastus & Arminians will assent unto this? It is true the canons & ordinances of a Church judicatory, cannot have the strength of a municipal law, without the Magistrat's civil sanction: But yet they may have the strength of Church Canons, whether he approve of them, or not; as the Acts of the Council at jerusal. Act 15. & of all other Synods & Assemblies, which the Church had dureing the first three hundred years had: Otherwise the Church should be in a hard case, when the civil Magistrate did refuse his concurrence. & (as hath been oft hinted) in a better case, under heathens, then under Christian Magistrates. Therefore this could not be assented unto. 10. That all Church Canons are his proper Acts, & flow natively from him, & his power; for the meeting is but for Counsel & advice to him, & all which they say, is without force unless he approve it, as the Act sayeth, & so all their Acts & Canons are his only & not theirs. But this could not be granted, because 1. what ever he doth, as supreme Governor, or Magistrate, is a civil Act & no Church Act, & so no Church Canon. 2. No Church Canon can be made by any but by Church Officers, who are impowered by jesus Christ for that effect, but the Magistrate as such is no Church Officer. 3. This power is without all warrant of Scripture, & therefore can not be acknowledged. Thus you see what encroachments upon the Privileges of the Church the taking of this oath, thus sensed, by them; carrieth along with it, & albeit there be some Erastians' & others who take these for no encroachments, but trut●…es; Yet reform divines such as famous & worthy Voetius, Apollonius, & others have sufficiently manifested them to be grosle errors, & because the end designed in this undertaking is satisfaction to orthodox & reformed sound divines, with whose principles, the present suffering Church of Scotland, doth accord, it is accounted sufficient only to mention those things which the taking of this oath as explained by their Acts & deeds who tender it would clearly import an assenting unto. But to proceed. 15. By this oath, They should grant that the Church is very imperfect so long as she wanteth a Christian Magistrate; for she wanteth a chief Officer: And hence it will follow, that the Church in the days of the Apostles & some hundereds of Years thereafter was imperfect as to its Constitution, wanting this supreme Governor: Otherwise they must say that Nero, Caligula, & the rest of the Roman persecuting Emperors, did sufficiently fill up this place: And that the Apostles did upon the matter, & would not have refused, plainly to have affirmed that these persecuting heathens, were supreme Governors over all people, & in all causes Civil & Ecclesiastic. But none of those can be affirmed, with any probality or show of reason. 16. Yea by taking this oath, They should grant that the Apostles & primitive Church, walked not regularly in the matter of governing the Church: Because they acted with no such subordination unto the supreme Magistrate who then was, they derived no power from him as their supreme Governor; in causes Ecclesiastic. To say that necessity did put them to this, is but a poor defence, for then out of necessity the primitive Church did rob the Magistrate of his power, or else this power agreeth not to all Magistrates; but only to Christian Magistrates, & it so, it cannot be a power or Privilege annexed to the Crown; And further it doth not agree to them as Christians, nor yet as Magistrates otherwise it should agree to all Christians, & to all Magistrates, which is false: & therefore i cannot agree to them as Christian Magistrates for as learned & renowned Doct. V●…us sayeth, Pol●…t. Eccles. Pag. 137. Duo subjecta, & principia formalia, quae non sunt unum, au●… un●…a per se, non possunt fundare effectum formalem per se unum sc. ex. gr. Homo unus si sit Consul, & Pat●…r, non pote●… dici habere potestatem consularem in cives, qua Consul-pa●…er, nec potestatem patriam in s●…ium quâ Pater-consul 17. By taking of this oath, They should yield unto the opening of a door unto the utter destruction & overthrow, of all Church judicatories, for by their judgement, who tender that oath, the King is the fountain of all Church power, & who ever executeth any Church power, executeth it as his Commissioner, & he may employ in this business whom he pleaseth, & by the Act for the heigh commission he employeth civil people, who are no Church Officers in deposeing Ministers, & in excommunicating, & so he may employ such persons always & only such, for he is at liberty, to employ whom he will, & so at length he may put aside all Church Officers, & so lay aside all Church judicatures, & handle all Church business in civil courts. But what Christian could yield to this? See Voetius ubi supra Pag. 146 Arg. 11. 18. By this oath, they should grant unto the Civil Magistrate power to erect new courts, which have no warrant in the word, & such courts as the Church had not all the days of the Apostles, nor many centuries of years thereafter, for by virtue of his supremacy he erecteth this new court called a Heigh, or Grand Commission, wherein civil persons meddle with Church matters, & execute Church censures, & Churchmen meddle with civil matters, & civil censures. But to yield to this, should be to destroy all Church power, & to condemn the Apostles, for not leaving behind them, the example of such a court; & the primitive Church, for not setting up such a court. By Presbyterian principles no judicature must be acknowledged for a court of Christ, but that which hath Christ's warrant. 19 By taking this oath, They should yield unto the lawfulness of appealing from a Church judicature unto the civil Magistrate; for it is lawful to appeal from an inferior judicature, unto a superior, & by the tenderers of the oath, the supreme Magistrate is a superior judicature. It is lawful to appeal from the Commissioners unto such as have given them that commission; And Ministers in these judicatories are but his Commissioners: But sound divines writing against Erastus & the Arminiant will justify their refuseing to yield to this: & if they should have yielded to this, they should have condemned the General Assemblies, that declared such as appealed from a Church judicature, unto the King, & his Council, censurable with the sentence of excommunication, And approved of such perverse troublers of the Church, as took this corrupt course to keep themselves from censure. Moreover there is no example of any such lawful appellation, for Paul's appeal unto Caesar was from a civil court, from Festus, & was in a matter of life & death, & from no Church judicatory: See Voetius ubs supra, Pag. 197. Quaest 24. SECTIO XIII. The former purpose further prosecuted, & fleet's notion examined. THere is one reason more pleading against the taking of the oath as it is now glossed, & it is this, 20. By taking of this oath they should assent unto that power which is given unto the King, in the 16 Act of Parliament, viz. a power to settle & secure Church government, in such a frame as shall be most agreeable & suitable unto Monarchical Government, & most complying with the public peace, & quiet of the Kingdom: And so grant 1. That there is not one form or model of Church government, set down in the word, obliging Churches in all ages to follow the same 2. That the supreme Magistrate alone may appoint what form he thinketh good. To speak to this head at length, would take a long time in regard that one Mr Stilling fleet hath been at the pains to give the World a proof of his learning & reading, by engaging in this quarrel, & in pleading against the privilege & prerogative of the Crown of Christ, whom God hath made King in Zion, & who will reign until all his enemies be made his footstool. He would, without all doubt, have had more peace, when stepping into eternity, if he had employed his parts & abilities for Christ & his interests as King & sole King in his Church, & Kingdom. But yet though the nature of this discourse will not admit so long & full an examination of the grounds whereupon this learned man walketh: Some thing must be said in short, & so much the rather because, through the injury of the times, the labours of such; as have fully & solidly answered him, cannot be gotten printed. And therefore till providence so order matters as that both those & several other things against prelates, may receive a free Imprimatur. Take these few observations upon his whole book which he is pleased to call a weapon salve etc. so far as concerneth the business in hand Obs. 1. He granteth pag. 154. That it is necessary there should be a form of government in the Church by virtue not only of that law of nature, which provideth for the preservation of societies, but likewise by virtue of that divine law which takes care for the Church's preservation in peace and unity. So than if there be such a divine law for a form of Church Government; & i●… in the primitive times there was a form of Church Government followed, the point is gained by Mr Stillingfleet's own concessions; for part 1. c. 1: § 3. He sayeth that there is not the same necessity for a particular clear revelation, in the alteration of a law unrepealed in some circumstances of it, as there is, for the establishing of a new law: as to the former, a different practice by persons guided by an infallible Spirit is sufficient, which is the case, as to the observation of the Lord's day under the Gospel; for the fourth command standing in force, as to the morality of it, a different practice, by the Apostles may be sufficient, for the particular determination of the more ritual & occasional part of it. Now there being a standing moral law for a form of Church government, the practice of the Apostles who were guided by an infallible Spirit is sufficient for an alteration: And so as their practice obligeth now, to the observation of the first day Sabbath, because of the standing force of the moral law for one day of Seven; So their practice obligeth now unto that form of Government, which they used, because of the standing force of the law of God for a form of Church Government: So that we need not inquire after a particular & clear revelation in this case where there is but the alteration of a law unrepealed as to some particular circumstances. And thus, if the morality of the first day Sabbath stand, the morality of the government of the Church which the Apostles did set up, will stand also. Their practice altering the last day of Seven into the first, will no more oblige then their altering of the ancient government, into a new one, which was distinct from the former. Obs. 2. Part. 2. c. 1. §. 4, 5, 6. When he is about the stateing of the question he will have a national Church, to be understood as a Church in which a form of Government should be settled. It is true a national society incorporated, is a Church; It is also true that the notion of a Church agreeth to other societies, then national, & as himself says, wherever the notion of a Church particular is to be found, there must be a Government in that Church: & so every society which may be called a Church, should have a Government in it. But now the question is whether every such society as may be called a Church, should have its own liberty, to set up what form of Government it thinketh best, or only a national Church? If only a national Church have that liberty than that liberty agreeth not to a national Church, as it is a Church, but under some other notion, & what is this other notion? Is it because they are under one civil Government? But many nations may in some respect be under one civil Government, & in some respect there is hardly any one nation, which in all its parts incorporations & cities, is governed after one & the same manner. But further, what hath the Church to do with the civil laws or civil way of Government, especially seeing himself granteth that the Church is a quite distinct society from the civil state? But next if every Church hath this liberty then in one & the same national Church, there may be many several sorts of Governements, & this would occasion the greatest confusion in the world, & looketh no way like the ordinance of God, which neither tendeth to union nor edification but to confusion & distraction, & will make every parochial Church (& he cannot deny a parochial Church to be a Church) to have its own distinct form of Government, thus porachiall Churches should be like the Cant●…ns of Helvetia or distinct Kingdoms ruled by their own laws & after their own manner. If it be said that the unity & peace of the national Church ought much more to be looked after, than the peace & unity of any one particular congregation Ans. will it thence follow that every particular congregation, in a national Church, should be Governed after one manner? then it will follow also that all national Churches being members of the Church universal, must be Governed after one & the same manner; for the peace & unity of the Church universal is preferable unto the peace & unity of a Nat. Church, as the peace & unity of a Nat. Church is preferable unto the peace & unity of Particular congregations. But where shall a Magistrate be found for establishing this one form of Government? Is it not then saifest to say That Christ hath set down such a form which all Churches, all the world over are obliged to follow & imitat: for he is only head of the Church? Obs. 3. When he stateth the question Part. 2 c. 3, §. 1. He limiteth the disput unto two sorts or species of Government thus Whether the Church should be Governed by a college of presbyters; or by a superior order above the standing ministry having the power of jurisdiction & ordination belonging to it. But under favour, this is not fair dealing in stateing of a controversy for his business is to show that there is no form at all settled by a Ius divinum. That there is no warrant in the word, for any one form more than for all the rest, & that there is no one form so determined by a positive law of God, that all the Churches of Christ, are bound to observe it; but that it is left to the prudence, of every particular Church to agree upon its own form, which it judgeth most fit for the ends of Government, in itself: & if this be his drift & scope, may not every one see how he prevaricateth here, in limiting the disput to these two forms; seeing there are more forms pretended unto. The independents will grant that there is no warrant in the word for either of those two forms mentioned; & yet will allaidge that there is another form allowed of God & determined: The Papists have a form of Government, & it may be the prelates think that their form differeth from that. The Morellians have another form distinct from all these, the Erastians' have a sixth, & it is possible that Mr Baxter shall give him a seventh made out of presbyterian episcopal, independent & Erastian. now if his principles exclude all these why was the disput limited to two? or doth he think that these other forms are expressly excluded by the word, & that Churches are not left at liberty to make choice of any of them, but only of either of the two which he mentioned? Then the scripture is expressly & determinately against several forms of Government, & if this be true, his principles are overturned, for if the law of God be expressly against some forms, it must be more for other forms, then for these, & all forms are not indifferent, nor are men left at liberty to pitch upon what form they please. Obs. 4. He granteth Part. 2. c. 2. §. 1. That the Government of the Church ought to be administered by officers of divine appointment. And now what shall become of that Government by a superior order above the standing ministry; for a prelate as a superior order is a distinct officer from presbyters; & so must have a divine appointment, & if he hath a divine appointment, he must be a standing officer, as well as presbyters; & if so, men must not, as they please, lay him by; but the Government by prelates must be juris divini: & if upon the other hand, he be really a distinct officer, & hath no divine warrant, or appointment, the Government of the Church by prelates must be utterly unlawful. But what sayeth he to this objection? Part. 2. c. 4. §. 11. These officers are only said to be new that were never apppointed by Christ: & the Church may appoint none such: but if such be meaned as have a Charge of more than one particular congregation by the consent of pastors themselves, such an officer is not ne●…; for beside the general practice of the Church, from the first primitive times, which have all consented in the use of such officers, we find the foundation of this power laid by Christ himself, in the power which the Apostles were invested in, which was extended over many both pastors, & Churches; & this power must be proved extraordinary, before it can be said to cease; & that must be done by some arguments proper to their people; for if they be of a moral nature, they will prove the office, to be so too— I say not but that the necessity of the office, as in their persons, for the first preaching & propagating the Gospel did cease with them; but that after their death it became unlawful to take Charge of di●…ecesian Churches I deny; for to make a thing unlawful, which was before lawful there must be some express prohibition thus he. To which it is answered. 1. It appeareth then that a Bishop is a distinct officer from a Presbyter, for the Apostles were distinct from Presbyters, & their office by Mr Stilling fleet, is the same upon the matter with that of the Apostles, viz a power over both Churches & pastors, for he will not grant that that power in the Apostles was extraordinar, for he says that the foundation of this power, was laid by Christ himself, in that power which the Apostles were invested in: & therefore that power of the Apostles, & the power of Prelates must be one upon the matter, and so Prelates must be distinct from Presbyters as the Apostles were. 2. It is strange how he can so confidently say. That it was the practice of the Church of God from the first primitive times, to consent to the use of such officers: s●…ing himself is at so much pains to prove that antiquity is most defective in the times immediately after the Apostles, & that none dar with confidence believe the conjectures of Eusebius at 300 year's distance from the Apostolical times, when he hath no other testimony to avouch but the hypotyposes of an uncertain Clement & the commentaries of Hegesippus, etc. Pag. 296. 297. 3. To let this pass. Mr Stilling sleet would do well to show whether the office of Apostles (which is a distinct thing from their extraordinary immediate mission (which he is pleased to make the main distinguishing note of an Apostle) & also from the power of working miracles to confirm the truth of what they preached) did cease by God's warrant and approbation or not: if not, how could any be so bold as to lay this office aside, by which persons should be invested with power over many both Churches and pastors? & how can any say that it is not still necessary: Mr Stillingfleet seemeth here to plead for the divine right of prelacy: And indeed if the office & power of Apostles be the same with prelacy, & if that power or office be not laid a side with God's warrant & approbation, it must still be an office allowed of God, & if so, Mr Stillingfleet's notion will fall to the ground. His saying that the necessity of the office, as in their persons for the first preaching & propagating the Gospel is ceased is nothing to the purpose, for he must speak of the office, as it is the same with the office of Prelates. It is certain the necessity of the office as in their persons must cease, because they are gone, & the work of first preaching & propagating the Gospel, could be done by none after them, when they had done it themselves but that was not their ordinary office, if Mr Stillingfleet speak truth here. If this office did cease by God's warrant, then how can any raise it up again without his express warrant? for either it was the Lord's will when he caused it to cease, that it should cease till he was pleased to make use of it again, or till men pleased to raise it up, at their own pleasure: This last cannot be proved & therefore seeing God thought fit to lay is aside & gave no signification of his mind, when the Chur●… should be at liberty to make use of it again. It must now be a●… new office unwarranted of God & so unlawful. 4. That rule, th●… to make a thing unlawful, which was before, lawful, there must be some express prohibition for bidding any further use of such▪ power will not always hold in this case; because some oth●… thing may be equivalent unto an exprese prohibition, 〈◊〉 when God removeth the special proper work of such an office, & the special proper qualifications, with which such officers were endued, when those cease the office ceaseth; & God thereby declareth that the office & work was extraordinary, & therefore should not continue. As for Example in the primitive Church there were some Prophets, & these were distinct from Apostles & Evangelists, & Pastors, etc. so were there workers of Miracles, & such as had the the gift of healing, & of speaking with tongues. And when God withdrew those gifts fitting those off●…cers for the work unto which they were then called, did he not thereby declare that it was his will that that office should cease? & was there a necessity for any other express probition? And because of the want of this express prohibition will it be lawful now for any to set up such officers & offices, in the house of God, when God giveth not the qualifications & so giveth not the call thereunto? So is it in this case of the Apostles; when their qualifications, & their special work ceased, their office ceased; & there will be no call for such officers till there be fit work, & God give fit qualifications; & without a call & warrant it must be unlawful to set up such an office again. This will be clearer if it be considered what was the special work of an Apostle It was this. A planting of Churches, & settling of the Gospel's government in them, by ins●…nteing the standing officers thereof, & that by an eminent power immediately granted by Christ to them, solely. This was their special work, & this ceased with them, & so did their office with it, As also the qualifications: And therefore it would be unlawful now for a Church at here own hand to set up such an officer again though there be no express probition. By this it is clear. 5. That the power & office of Apostles laid no foundation for prelatical power, the work belonging to them as such, being altogether extraordinare. It is true, their power did extend over many Churches & pastors but yet. 1. They were not fixed to such & such particular dioecies, as proper to themselves; but sometimes moe of them were to gether in one place, following their work, Nor. 2. Did they account themselves the sole pastors of such or such a Church after other ministers had been ordained there. 3. ●…or did they ordain alone in Churches constituted. nor. 4 Did they exerce jurisdiction alone, but always they joined others with them in Churches settled. 5. They assumed to themselves no negative voice either in ordination or jurisdiction: & so in them there could be no foundation for prelacy laid, even as to their common work, or work of a lasting nature which did not properly & peculiarly appertain to them as Apostles. 6. Neither finally were they consecrated & ordained after the manner that prelates are now consecrated, being first made Deacons, & next Presbyters, & then Bishops, so that there is a vast disparity. But distrusting this answer he giveth a second §. 12. to this purpose. The extending of any Ministerial power, is not the appointing of a new office, because every Minister hath a relation Actu primo, to the whole Church of God, the resiraint & enlargement of which power is subject to positive determinations of prudence & conveniency in Actu secundo— The exercise and execution of the power of order belongeth to every one in his personal capacity, but as to the power of jurisdiction, though it belong habitually and Actu primo to each presbyter, yet being about matters of public and common concernment, the limitation and exercise of it belongeth to the Church in common (such is the power of visiting Churches, of ordination and censures) and when this is devolved to some particular persons, by the rest of the pastors or by the Magisrat, quoad executionem it belongeth to them. Ans. 1. This contradicteth the former answer, for the former answer did suppone that these were distinct officers from presbyters, because their office was such as the ordinary office of the Apostles; and the Apostles were distinct from other Church officers, even by their office, & not in respect only of their extraordinare mission, or power of working miracles. But this answer affirmeth them to be one & the same with presbyters. But. 2. By this answer he might plead for the Pope for every Minister in acts primo hath a relation to the whole Church & so might be a Pope, if the supreme Magistrate or the rest of the Ministers, would devolve upon him the execution of the power of jurisdiction; & so the Pope is no new officer but a mere presbyter, only his power of jurisdiction is enlairged: So may he plead for Cardmals, Patriarches, Primats, Archbishops, as well as for Bishops. But it will be objected that the Pope pretendeth to some other thing as the warrant of his power even to a jus divinum Ans. & so do prelates, but with Mr Stillingfleet, all is one whether that be pretended unto, or not, for it is no matter what they say of themselves, but what any may feign of them, to the end they may both deceive others, & be deceived themselves. This is, as if one would defend a man who had taken upon himself to be a King of such or such a common wealth, contrare to the fundamental laws of the land, and would allege that he were no distinct officer from any other member of Parliam. because (for sooth) the power of Government, as to its execution, is subject to positive determinations, & Parliaments may, & do commissionat some of their number to some eminent piece of work, as to be a General or the like; & he who calleth himself King, is nothing else, notwithstanding that he rule the commonws. with as absolute power & unlimited, as ever King did. Sure any man of understanding would smile at such a defence, and just such an one is Mr Stillingfleet's, prelates rule & domineer with as absolute & unlimited power, as ever any did, & when it is alleged that they account themselves distinct officers from, & superior to other presbyters, & that there is no warrant for any such officers Mr Stillingfleet, their new advocate cometh in, & sayeth: They are no distinct officers, let themselves say what they will, you may take them up as no distinct officers, & so suffer them to domineer still, if you look upon them as no distinct officers there is no hazard, all is saife, be they Pope be they Prelate & let them pretend to never so high & special commissions, as special & distinct officers, yet they may be submitted unto & obeyed, this mental conception will make all right. 3. When any are disputing against an intruder in the house of God whether is it saifest to take him up, in his own colours & to look upon him as he holdeth forth himself, or to paint him as any think best? If any disputant would take liberty to paint him as he pleaseth he should not dispute for truth, but deal deceitfully. Let Mr Stillingfleet answer this question: Whether is it possible that a man may give out himself for a new officer, or not? or whether is there any hazard that such an one may be acknowledged & countenanced as an officer & as such an officer as he giveth himself forth to be, in the house of God: or not? If Mr Stillingfleet be consonant to his principles, he must answer that it is not possible: for really there can be no new officers warranded of God; & every one is at liberty to take them up under a right notion: & there is an end: & then let all the popish rabble & ten times moe come in, they may be submitted unto; for really there can be no other officers in God's house, but pastors & deacons' (with Mr Stillingfleet) & every one may look on all the rest as having their power either restricted or enlairged, according to the determination of prudence. 4. It may be asked: whether the Apostles were distinct officers from presbyt. yea or not? If they were distinct; what was it which made them distinct? It could not be their different way of mission for Mathias had not such a mission as james, john & Peter & the rest had & yet all of them were Apostles & Mathias no less than the rest. It could not be their extraordinary qualifications, for Prophets & workers of miracles & speakers with tongues, had extraordinary qualifications; & yet they were not the same with Apostles: & further distinct qualifications make not distinct officers. Or was it a larger extended power? Then it is certain that prelates upon the same account must be distinct officers, from other presbyters; for they have a larger extended power then other presbyters have. 5. Doth Mr Stillingfl. think that there is no difference betwixt a man who acteth as commissionated from a judicature, having his power & particular commission from them; & a man who doth all of himself by his own power, having a commission from none? & that there is no difference betwixt one who receiveth commands from others as accountable to them, & one who taketh upon him to command them as he thinkest best: & betwixt the general of an army sent forth by the Estates of a land (ruled without a King) having power & commission from them; & a King making use of the Estates, or of the Parliament of the Kingdom as his counsellors whose advice he will follow, or not follow, as seemeth him good, & commanding all of them a●… pleaseth him best? If he think that there is no difference betwixt these, than indeed he cannot be much blamed for thinking that the prelate whom he busketh, is one & the same with the prelate of whom the controversy is. But in sober sadness let it be asked of Mr Stillingfleet; If he did satisfy himself with this his fiction & notion. There is no controversy now about what may be, or of a man in the moon, but of the prelates who are now in being, & concerning these it would be asked whether he thinketh that they ar●… chosen by the Church over which they are, & that they are impowered by that Church, or by the officers of that Church, for that effect, & that they are accountable unto them, so that their power may be restrained at the Church's pleasure: Or not rather that they choose & ordain the presbyters, & commissionat them, calling them to an account, & punishing as they think sit, usurping & useing this power as their own, not borrowing it from the presbyters, in whole or in part, as being themselves solely invested with all Church power from Christ, & letting out the same to presbyters as they think meet. Now it is of these that the controversy is & it is such as are understood when it is said that they are new Church officers, & there is no controversy concerning Mr Stillingfleet's supposed Commissioners; for whether such as he speaketh of; be new distinct officers, or not, it is no matter, so long as these of whom the disput is, are such without all question, for any thing which Mr Stillingfleet hath said to the contrary; for the persons he speaketh of, are not the same with the persons concerning whom the controversy is: Commissioners having all their power derived from others are one thing, & such as have all the power from & with in themselves are another thing. But. 6. To put the matter more out of doubt, let it be considered that a distinct proper work with a distinct ordination for that effect, is enough to make a distinct officer: What distinguisheth Presbyters & Dea●…ns (Let ruleing elders be laid a side, seeing Mr Stillingfleet will not own them as Church officers) but their distinct peculiar work & ordination: & so since prelates assume to themselves as their peculiar work, the power of jurisdiction, & ordination (to speak nothing of the power of order) they do account themselves, & so must all take them to be, distinct officers: All the prelates that ever were yet in the world, did look upon themselves as distinct from presbyters: & all who ever wrote of prelates, took them up as such (whether jure Divino or Humano all is one, as to this business of their being distinct) till Mr Stlling fleet did vent his new notions. 7. That a judicature which acteth jointly in matters of jurisdiction, may, in some particulars for facilitating their execution, empower one or more of their number for that effect, is easily granted; but that they may so Empower them, as to denude themselves wholly of the power; & so enlarge the power of others as to null their own; must be otherways proved then by Mr Stilling fleet's bare assertion: Christ's commission taketh in both the power of order & jurisdiction, & alloweth his servants no more to denude themselves of the one, then of the other. They themselves must answer for the duties of the one as well as for the duties of the other: And every Presbyter hath the Ius to both as well in actu secundo as in actu primo. judicious V●…etius Polit. Eccl. Pag. 224. Quaest 15. doth abundantly clear this particular, showing that such a delegation is not lawful out of Mat. 18: 18. & 16: 18. 1 Cor. 5. Act. 20: 28. 1 Tim. 5: 17. 1 Thes. 5: 12. 1 Pet. 5: 1, 2. comp. with 1 Tim. 3: 5. joh. 20: 20. 1 Tim. 3. & 4: 13, 14. 2 Tim. 2: 2. & 4: 2. Tit. 1: 3, 5, 7, 8. Whatever may be done in case of necessity, for dispatching of some particular Act, which is transient. And how or what way the limitation & exercise of the power of jurisdiction, belongeth to the Church in common more than the limitation & exercise of the power of order, is not yet clearly demonstrated by any thing which Mr Stillingfleet hath said: And it is known that Prelates arrogat to themselves, a special or sole interest in the power of order, as well as in the power of jurisdiction, & therefore they style themselves the only Pastors of the Dioecies, & say that the Presbyters are but their Substitutes & Vicars; And it is certain that they assume to themselves, the sole power of ordination. And though here in this place, which is now under consideration Mr Stillingfleet is pleased to rank up ordination under the power of jurisdiction, yet else where viz. Pag. 273. he sayeth that, The collation of orders doth come from the power of order & not merely from the power of jurisdiction. 8. How cometh the Christian Magistrate in here to appoint the constant limitation, & exercise of the power committed by Christ, unto Church Officers? This is a very great power granted unto the civil Magistrate & some warrant would be seen for it: But this is not the proper place to examine his notions concerning the power of the civil Magistrate in Church matters. Enough of this observation. Obs. 5. With Presbyterians; the practice of the Apostles, & of the Churches in their days, following their appointment & command, is of much weight. It is true their examples as examples, do not bind; But when the Lord hath sent them forth, for this end & errand, to plant Churches, to ordain new offices, & officers, immediately under him, and to appoint unto these officers, their proper work, & to show them how & what way they should go about their work, & when in all things they delivered nothing to the Church but what they received of the Lord, 1 Cor. 11: 23. & as Tertull. said de praeser. adv. haereses, Apostoli nihil ex suo arbitrio elegerunt quod inducerent, sed acceptam à Christo disciplinam fideliter nationibus assignaverunt; Sure than their practice & example ought to be followed. Seing they were sent forth for this end especially, viz. to reform & settle Churches in doctrine, worship, discipline & government, according to a new Gospel's model, can any think that we are not obliged to follow their practices. It it true there can be no duty without a law making it a duty; But Christ's sending them forth for this end, & giving them a special commission for this work, sending them forth as the Father sent him, & breathing the Holy Ghost upon them, & commanding them, Math. 28: v. 19, 20. To go & teach all Nations all things which he had commanded them: & Act. 1: 2, 3. Speaking to them of the things pertainting to the Kingdom of God. By which sayeth Calvin on the place, Is signified that Christ would not go away till first he had seen to the government of the Church, carry a law in their bosom, & say that their example is obliging: And when there is a law or warrant for following such an example, it is but in vain to dispute, whether it be the example which bindeth, or the rule making it our duty to follow such an example. But moreover he will grant that examples in actions that are moral natural are obliging (whether as examples, or by reason of the morality of the action, needeth not be anxiously enquired after) & will not actions done by them upon moral grounds, that are of perpetual concernment, become actions moral natural, & so obliging? Is not their example in observing the first day Sabbath, obliging? And why? He says, because there was a moral law standing in force concerning the observation of one day in Seven: Why then shall not their example in observing such or such a form of government be obliging, seeing there was a moral law standing in force concerning the government of the Church in general? Is there any rule extant making their example in the one case obliging, & not in the other? If the Apostolical practice in the one case make an Apostolical tradition, & so a divine institution, so will their practice do in the other case: yea the examples of the Churches practise in the Apostles times, & hints from their writings do sufficiently evidence an institution; we read of elders in jerusalem, & hence we saifly argue that they were ordained, though we read not in terminis terminantibus of the manner how they were ordained, (sayeth one.) But he hath four things to object against this ground taken from the practice of the Apostles, though acted by the Spirit Part. 2. cap. 6. §. 20. As 1. That the Apostles did many things without any intention of obliging others, as preaching without maintenance, etc. Ans. 1. The consequence is null. Because they did many things without such an intention, will it follow, Ergo they did nothing with such an intention? 2. The disput is about such actions as were done by them by virtue of their special office & calling, of which kind, this is none, to preach at some Churches without wages. 3. Yea this same action of preaching without wages, is to be imitated in the like cases, that is, when Ministers have a competent livelihood otherwise, as Paul had who said, he robed other Churches, 1 Cor. 11: ver. 8. & when there is no other way to stoup the mouths of false teachers, who thereby take occasion to hinder the good of the Gospel, for this was the thing which moved Paul to take ●…o wages from Corinth. That he might cut off occasion from them that desired occasion, and these were the false Apostles, 1 Cor. 11: v. 12, 13. 2. He sayeth, The Apostles did many things upon particular occasions, emergencies & circumstances, which things so done cannot bind by virtue of their doing them, any further than a parity of reason doth conclude the same things to be done, as Paul's celebat, community of goods, their preaching from house to house, absteaning from blood, etc. Ans. this is still to argue a particulari because such & such particular practices oblige not Ergo no practice obligeth, is a weak consequence. 2. Actions done upon particular occasions & emergencies, are of another nature, than such actions as are done upon moral & lasting grounds. 3. If even those actions bind upon the ground of a parity of reason, much more will these bind upon the same account: for whatever ground or reason be given why the Apostles followed such a model of Government in their days, will stand good now, & evince that the same model ought to be followed. 4. And where as he sayeth before an acknowledged Apostolical practice be looked on as obligatory, it must be made appear, that what they did, was not according as they saw reason & cause, for the doing of it, depending upon the several circumstances of time place and people; but that they did it from some unalterable law of Christ, or from indispensable reasons, as will equally hold in all times, places & persons he confirmeth what is now answered; for the reasons of their erecting such a species of Government, do equally hold in all times & places, nothing can be said for the dependence of such a form upon the several circumstances of time place & persons. As for the particulars mentioned by him, It is answered. 1. For Celebat, Christ himself Mat. 1 9: v. 12. restricteth it to such as have the gift of continency, & it bindeth none else. 2. The Community of goods was for that time only, for the contrary is practised in after times by all other Churches & Christians; for when Paul is pressing the Corinthians unto a contribution he never mentioneth this as an argument moving thereunto. 3. Their preaching from house to house was for want of conveniency of more public places & yet when they had liberty they went to the temple, & to Solomon's por●…h, & to Synagogues. 4. As for that Act 15▪ concerning the abstaineing from blood & things strangled, & things offered to idols it was only for that time of the scandal, & not always; for Paul taketh off this. 1. Cor 10: 25: when he sayeth whatsoever is sold in the shambles that eat ask no question for conscience sake & again when he says. 1. Tim 4: 3, 4, 5. Every creature of God is good & nothing to be refused if it be received with thanks giving. But there is nothing of this kind that can be shown, in the matter of the species of Government as shall further appear when his alledgances are answered afterward. 3. He says officers that were of Apostolic appointment are grown out of use in the Church as widows. 1 Tim. 4: 9 or diaconisses Rome 16: 1. Ans. These Diaconisses were not Church-officers having any Ministerial charge or office in the Church, for there is nothing spoken of their ordination. But they were poor eleemosynaries, & indigent women, taken in for some service, unto sick strangers, or propter horam balnei; aut visitationis quando nudatum fui●… corpus mulieris as sayeth Epip●… rius lib. 3. Tom. 2. haeres. 79. And so their work was for those ●…ote countries, & because now there is no such necessity for their work, themselves are laid aside. But 2. are there not several other officers laid aside as Apostles, Prophets & Evangelists▪ & will he hence conclude that therefore nothing of their practice obligeth? 3. If this ground be followed forth, that Apostolic practice even in the matter of officers instituted by them, is not of an obligatory nature, then may all Church officers be laid aside, & so his formerly mentioned position & concession touching the government of the Church by officers only of divine appointment, will fall to the ground. If he say that divine institution is one thing & bare examples are another thing. Ans. Then his reason here is impertinent: for all Church officers are of divine institution, & these Diaconisses among the rest must be of divine appointment: & than what hath this to do here where the exemplary practices of the Apostles are only spoken of; which yet to presbyterians in the case of Government will speak fair for a divine institution. finally if it could be cleared what was & ought to be the proper work of these Widows & that it were of a lasting necessity unto the Church in all places & at all times (of which the scripture is altogether silent) as may be seen concerning other standing officers of the Church, respect should be had to that ordinance of God, as well as to others. 4. He sayeth Rites & customs apostolical are altered 〈◊〉 dipping in baptism, love feasts, holy kiss, & therefore men do not think that apostolical practice doth bind. Ans. 1. He still argueth à particular●… which is very unsure & fallacious: because in some things men look not upon the practice of the Apostles, as binding therefore in nothing: This argument will not hold. 2. There is a great difference betwixt rites & customs, which are alterable: & such & such forms of Government which be of a more lasting nature. As for dipping in baptism. It is no where commanded, nor was it constantly practised by the Apostles, nor other Church officers: It is true they were commanded to Baptise, but this will not necessarily import baptising by dipping; for baptising any thing may be otherwise then by dipping, as these places do clear Mark. 7: 4. Heb. 9: v. 10. with Numb. 8: 7●… 1. Cor. 10: v. 1. Rev. 19: 13●… compared with Isa. 63: 3. Mat. 3: 11. compared with Act. 2: 17. And next it is several times found that they baptised, when & where they could not get Dipping used as, Act 2, 41. & 4, 4. Where such multitudes could not be gotten dipped, especially in the streets: so Act 9, 18, 19 This was in a lodging when Paul was sick & weak & so unfit for Dipping: So Act 16, 33. This was in the night in a private lodging when Paul & Silas by reason of their sores were unable for dipping. And therefore all that can be said in this, is that sometimes they used Dipping & sometimes sprinkling as occasion offered: & this will speak nothing for the Apostles continual practiseing of dipping, & so it will not speak home to the case in hand. 4. As for love feasts, if they were ordinary seasts, amongst private Christians, it was but an Act of civility to use these, & they needed no institution from the Apostles practice, & a custom it is that continueth yet; But if it be meaned of the feasts which they keeped at the Lord's supp●…, when rich persons brought some meat with them to make a feast of at that time; This was not constantly practised by the apostles (of whose practices we are now speaking) not yet was it warranted by them; yea Paul writing to the Corinthians Epist. 1. c. 11. v. 22. sayeth have ye therefore no houses to eat & drink in? And so would have them forbearing that custom, which they had so much abused. Their custom was to keep those feasts in the place of the assembly: & he would have them (if so they would feast) keeping those feasts at home in their own houses: & therefore this is nothing to the purpose in hand. 5. As for the Holy Kiss It was only a civil custom used then in saluteing one another, & was not of any Apostolical institution: famous Voetius Polit. Eccles. Pag. 466. sayeth that this Kiss was a common rite in its Kind & form, used according to the received custom in token of love, friendship, familiarity, as also of subjection and again Pag. 467. of what soever kind & form it was, it was nothing but a common sign of love, good will, acquaintance, friendship, familiarity, courtesy, reverence & honour in thwir meetings, conferences, & salutations, especially in the Eastern countries see Gen 29, 11. &. 31. 28. &. 45, 15. 1. Sam. 10. 1, 2. Sam. 20, 〈◊〉. Mat. 26, 48. Luk▪ ●…7, 45. It is true Paul bids them salute one another with a Holy Kiss, but when he doth so he doth not institute the Kiss but only ordereth the manner of their useing of that salutation & exhorteh that it be not done wantonly or dissemblingly, but Christianly & Holily. Voetius ubi supra sayeth By thi●… Epithet Holy it is distinguished from a lust full Kiss as that Prov. 7. 13. & Hypocritical, like that Mat. 26, 48, 49. And it is called holy because the Kiss of Holy & true charity as 1 Pet. 5. 4. And again he sayeth It is propounded be●…y of a command not general, but special according to the particular & present circumstances of time place and persons. Thus it is apparent that for all these four reasons of his, the practice of the Apostles in the matter of Government, ●…being a business unto which they were called, & for which they were endued, & specially assisted by the Holy ghost, is obliging & of binding force. But there are some other things, which he all●…igeth against this Part. 2. cap. 6. §. 19 Which must be examined. He layeth down as probable That the Apostles in probability did not observe any one fixed course in settling the Government of Churches, but settled it according to the several circumstances of places and persons which they had to deal with. Though he lay not this down as a foundation of his thesis, but only as a Doctrines of probability, yet if he be able to make it out that the Apostles in some places did settle Presbyterian Government, & in other places Episcopal Government, he shall gain his point: And therefore his strength in this particular must be tried. To this end he layeth down three grounds. 1. The different State, condition, quantity of the Churches planted by the Apostles. 2. The multitude of unfixed officers which Acted then with authority over the Church where they were resident. 3. The different customs observed in several Churches as t●… their Government after the death of the Apostles. As to the last of these grounds it cannot appear to be any at all: For the pracctice of the Churches after the days of the Apostles will not prove what the practice of the Churches was, dureing the days of the Apostles, nor what the practice of the Apostles was, unless it could certanely be manifested, that these Churches did punctually follow the practice of the Apostles which he will neither affirm nor undertake to prove, unless he would flatly contradict himself. As to the second ground it cometh not up to be a sufficient ground for this position unless he will prove that these unfixed officers or Evangelists, (such as Timothy & Titus were as himself acknowledgeth) were proper Bishops, that is to say, were not Evangelists, but fixed officers. 2: Though the Apostle made use of them in some Churches, & not in others, it will not follow that therefore the Apostles did set up distinct forms or models; for the way of setting up a model is adistinct thing from the model itself: the model or species of Government might be the same whether erected in a place immediately by the Apostles themselves, or mediately by the Evangelists at their direction. And 3. Neither the Apostles themselves, nor the Evangelists (for any thing which can be seen in Scripture) did act in matters of government, after an Episcopal manner, but conjunctly with other Presbyters, in Churches constituted (& what extraordinary course they took in Churches not yet constituted is not much to the purpose in hand, for their way of erecting a model thus; being extraordinary, is not necessarily imitable.) And thus one species viz. Presbyterian is directly pointed forth. But most of the stress lieth on the first ground, for proving of which he layeth down two particulars. 1. That in Churches consisting of a small number of believers, where there was no great probability of a great increase afterwards, one single Pastor with Deacons under him were only constituted by the Apostles for the ruleing of these Churches. 2. In Churches consisting of a multitude of believers, or where there was a probability of a great increase by preaching the Gospel; The Apostles did settle a college of Presbyters, whose office was partly to govern the Church already form, and partly in labouring in the converting of more: As to this last particular it may be passed, because it speaketh nothing against the Presbyterians, they fully accord with him therein; save where he sayeth, That these two sores of elders mentioned, 1 Tim. 5: 17. were both preaching Presbyters, the one employed most in preaching, and converting moe, and therefore deserved both more respect and maintenance, because of their greater burden, more abundant labours, and greater sufferings: and others most in ruling the flock already converted. And so rejecteth ruleing elders, as not being of divine appointment: But (that a word only may be spoken to it here) his gloss agreeth not to the place: for 1. This gloss maketh the ministry of the Word common to both, or else sayeth that such as ruled at home, did not preach at all, (& such the Apostle would not account worthy of double honour●…,) but the Apostle maketh ruling common to both. 2. Then the main difference betwixt these two should lie in the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 where as the Apostle maketh the difference to lie in the whole sentence, lalabouring in word and doctrine: For he sayeth not these that rule well and are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in word and doctrine; are worthy of double honour, but especially such who are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 3. We find this word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 given to others even to such as were fixed to some certain place, as 1. Thes. 5: v. 12 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 4. These unfixed preachers behoved to be either Evangelists, & such like extraordinary Officers, or ●…reaching Presbyters; Not Evangelists, for there was no doubt, about these; for all would grant that they were worthy of double honour. And it is like the Apostle would not have spoken so to Timothy who was an Evangelist: Not preaching Presbyters, for there was none of those set apart for that end; The Scripture mentioneth no such thing, but always teacheth that Presbyters were fixed to certain places (what Presbyters might do, & did when scattered abroad by reason of persecution, is another question) Elders are ordained & apppointed to Churches, Act. 14: 23. Tit. 1: 5. But enough of this, in this place. The first particular then must be a little more narrowly examined: he sayeth, That in some places at first there were noneplaced but only a Bishop & Deacons, & for this he citeth Clement's Epistle (saying, The Apostles preaching through countries and cities ordained the first fruits of such as believed to be Bishops and Deacons.) But by Bishops here he cannot understand such Bishops, as are now spoken of, that is, such as had power over Presbyters and Churches; for himself doth abundantly clear the contrary: And what can be allaidged to prove that he meaneth only one Bishop in one place, is not yet apparent, only he referreth his reader to other testimonies, which must also be looked upon, & examined: But it is certain the place itself speaketh as much for one Deacon in a place as for one Presbyter, or Bishop (for both are one as himself will acknowledge) & as clearly for more Bishops as for more Deacons in villages, or cities 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, here are as well Bishops in cities & villages, as Deacons. But then he citeth Epiphanius contra Ae●…m Haeres. 75. saying, That at the first there were no Bishops apppointed, & then the Apostle writeth to Bishops & Deacons (for the Apostles could not settle all things at first) for there was a necessity of Presbyters & Deacons, for by these two Officers, all Ecclesiastic offices might be performed; for where there was none found worthy to be a Bishop, the place remained without one, but where necessity required one, & there were some found fit, some were ordained Bishops, but for want of convenient number there could be no Presbyters found out, & in such places they were contented with the Bishop & Deacons. But what can Epiphanius or any other writer in his time, do, as to the clearing of what was the practice of the Apostles (concerning which is the present discourse) must their testimony be believed without a word of Scripture to warrant the same? Yea must they be believed when they speak contrary to the word? Be it so that there was a time in which there were Presbyters & Deacons, & again a time in which there were Bishops & deacons', what will this say, so long as nothing is said to prove, that these Bishops & Presbyters were distinct officers, & not one & the same, as is supposed of the Bishops & presbyters now under debate, all this will never prove a distinct species of Government but always one & the same, whether the presbyters be called presbyters, or Bishops. 3. Be it so that in some places there were only one Bishop or Presbyter & deacons' appointed (of which there can no warrant be seen in scripture for scripture sayeth that there were presbyters ordained 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Act. 14: 23. & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Tit. 1: 5. for it was to cities whither the Apostles did most resort to plant Churches & not to country villages, where gentilism did long thereafter continue, whence these of that religion were called Pagani) what will this speak for Episcopal Government; so long as this one Bishop could not be a Bishop properly so called, not having presbyters under him? Or doth he think that it is inconsistent with presbyterian Government that one preaching presbyter be set over a parish or a village, & that he & others join with the presbyters one or more of a Neighbour city, in things of common concernment? or must he rule in that village independently? Mr Stillingfleet will not acknowledge this: Nor can he say that he can exerce Episcopal power: Therefore though this were granted to him the Government may still be presbyterial. 4, How can Epiphanius say that the Apostles could not settle all things at the first? if they could not do it who could do it else? had they not the Spirit in great measure to prompt them to do what was fit & expedient? either they could not get men fit to be Bishops, or a sufficient number to be presbyters; But this will suppone that at that time presbyters & Bishops were destinct, which Stilling fleet will not acknowledge; & Epiphanius cannot give one instance of a Bishop distinct from, & superior unto preaching Presbyters settled in a Church alone with some few deacons'. The reader may see this passage more fully examined by Wallo Messalinus, pag. 102. & pag. 277. etc. The next author which he citeth is Clemens Alexandrinus out of Eusebius saying. That john after his ret●…n from Pa●…mos went abroad into several places, in some constituting Bishops in some setting in order whole Churches, in other choosing ●…ur one among the rest, whom he set over the Church. But of this the 〈◊〉 is utterly silent, & therefore it cannot be received as an undoubted thing, & what would Mr Stillingfleet gather from 〈◊〉 He seateth it down in the words of Walo Messalinus, Pag. ●…25 In majoribus urbibus plures i. e. it is probable that there were mo●… presbyters ordained in greater towns and fewer in lesser tow●… b●… villages, or little parishes, one only, especially when there was no▪ 〈◊〉 number of believers. And now let any ●…dge it there c●… 〈◊〉 〈◊〉 thing gathered thence for Episcopal Government, & 〈◊〉 thing for this end he must prove out of this passage, 〈◊〉 doth nothing: He must prove out of it, that the 〈◊〉 some places did settle presbyterian Government, & 〈◊〉 places Episcopal, otherwise he is but beating the wind: for no asserters of Presbyterian Government did ever yet find themselves necessitated to maintain, that the Apostles did set up an equal number of Presbyters in every Church, or yet a plurality of preaching presbyters in each village, or country place, or such as the Greeks call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, so that though all this were granted his point would not yet be proved. At le●… he citeth Ambrose (or rather ●…ilarius) in Eph. 4. saying primum enim, etc. i. e. at first all did teach & all did baptise, at any time, or on any day— but when the Church took in all places about, there were conventicles instituted & there were Governors & other offices apppointed that so none might assume to himself that office which did not appertain to him, not being as yet ordained— & therefore the writings of the Apostles do not in every point agree with the ordination which now is in use in the Church etc. But how this can speak home to the point i●… not discernible; For the author is to give the ground why the writings of the Apostles were not suitable to the times in which he lived, viz because matters were other ways settled in his time then in the days of the Apostles: and will any hence infer that the Apostles settled Churches with distinct forms o●… models, because after ages did so? who will believe this consequence? 2. There is no mention made of any change in the Apostle Paul's time; for the author mentioneth here his Epistle to Timothy, which was written near to the end of his days. 3. Though there had been some change & alteration even in the Apostles days, as to the manner of going about the work of preaching and baptising (& these are all the particulars, which the author mentioneth) & some order settled thereanent, which had not been settled before, what will this speak to the matter of Government, which is the only thing now under debate? will it follow that because there was a settled order condescended on in preaching and baptizeing which at sirst was not followed, therefore the Apostles in some Churches erected presbyterian Government, and in others, Episcopal? By what Medium will this consequence be proved? 4. But how how shall it believed that things were better settled afterward then they were in the Apostles days; or that the practice of after ages is as obligatory as the practice of the Apostles? It is but a dream then to think, that the Apostles did not observe any settled form in Governing Churches, but only Acted according to the principles of humane prudence, according to the necessities & occasions of the several Churches which they had planted; for neither this author nor any other which he hath cited to this effect, doth prove it: And though they should all say it, we were not bound to believe them, seeing the law & the testimony showeth the contrary, as may be seen in the writings of such as plead for Presbyterian Government, where they show that the Church of jerusalem Ephesus & others, were Governed by the common consent of Presbyters, & that the manner of the government of all Gospel's Churches mentioned in the new Testament was uniform. But he hath another thing to say against the practice of the Apostles, viz. That we cannot have that certainty of Apostolical practice, which is necessary to constitute a divine right. This notion he prosecuteth at great length Chap. 6. & as a ground thereunto he Prefixeth §. 4. That the Apostles in the forming of Churches did observe the customs of the jewish synagogue. And thereupon proceedeth to clear both what the Government of the jewish synagogues was, & how the form set up in the Christian Church did correspond thereunto; all which concerneth the business in hand little or nothing▪ & there fore may be passed; seeing it is not very material to consider whether or not jewish synagogues were so Governed? & whether or not the Apostles did follow that copy: for that which is now sought for is such a Government as was practised by the Apostles; & instituted, as the form of Church Government which was to continue, & such a Government as had the stamp of divine authority, or of a divine institution; But now, no jewish Government as such, could have this; but only such a Government, as these, by their practice did institute, who were thereunto apppointed of God, & extraordinarily called & qualified. And moreover if the jewish Synagogues were Governed uniformly, & if the Apostles did set up a Government in the Gospel's Churches, in a way correspondent there unto, It will inevitably follow that the Apostles did take an uniform way in settling the Government of all the Churches, & this crosseth what he said of late, & confirmeth what was Answered. But leaving this. The proposition now under consideration is a question of fact the certanety of which is doubted of, as he allaidgeth, viz, what course the Apostles took in Governing Churches. or after what manner, did they settle a Government among them? The uncertanety of this matter of fact, he thinketh to evince by three arguments. The last of which viz the defectiveness, ambiguity, partiality & repugnancy of the records of the succeeding ages which should inform●… 〈◊〉 what Apostolical practice was (which he prosecuteh largely & satisfactorily From §. 16. to §. 19) may be passed, as concerning the business in hand nothing, as to Presbyteriaus; for if they be not able to prove the practice of the Apostles, out of the sacred write, they despair, as much as he can do, of proving the same from humane records, & that for the same reasons which he there giveth. But as for the other two reasons or grounds they must be examined. The first than is this The equivalency of the names & the doubtfulness of their signification by which this form should be determined— now there is a fourfold equivalency of names Bishop & Presbyter. 1. That both should signify a Presbyter as. Theodor in 1. Tim. 3. 1. 2. That both should signify a Bishop. 3. That both should signify promiscuously some time a Bishop and sometime a Presbyter. and. 4. That the name Bishop always imports a singular Bishop, but the name Presbyter doth promiscuously signify both— equivocal words can never of themselves determine what sensethey are to be taken in— all that can be inferred from the promiscuous sense of the words, is that they may be understood only in this sense, but it must be proved that they can be understood in no other sense, before any one particular form of Government, as necessary, can be inferred from the use of them. Ans. 1. This is a ready way to cast all scripture as unable to determine any controversy; for if adversaries may be believed all these passages which are made use of against them, do carry another sense, & must be otherwise interpreted, & so all scripture must go under the name of equivocal sentences, & must be laid aside. 2. Presbyterians do not lay the stress of their business upon the name; They have other things whereby to prove their point then either the one name, or the other; And so this doth not concern them much. 3. The question betwixt Presbyterians & their adversaries is this, whether there be such an officer as a prelate having superiority of jurisdiction over Presbyters & people, & sole power of ordination, instituted by Christ; or not: & not whether these two words signify one thing or another; for it is granted by all the Episcopal party (except one who in his Annot on act 11. sayeth that there is no evidence whereby these inferior presbyters may appear to have been brought in the Church so early.) That there were presbyters ordained in the Apostles days; and all the question is concerning bishops, as distinct from presbyters, whether or not they were ordained: & Presbyterian divines do demonstrat that even in those places where the name Bishop is, no such officer can be understood. As to that which some fathers say, who writing some centuries of years after the Apostles days, & speaking of the state of the Church in the Apostles days, after the form & manner in their times, concerning the promiscuous use of the two names, it doth no way wrong the cause in hand, until it be proved, that there was indeed such an officer in rerum natura, & this is not yet done. 4. Whatever these names may signify is not very material, but what indeed they do signify in such & such places: And if there was not such an officer in the days of the Apostles, as a Bishop distinct from a Presbyter (as shall be supposed until it be better proved then yet it is,) it will necessarily follow that both those names must signify one & the same thing, one & the same officer viz a Presbyter. 5. To say that both these names are promiscuonsly used sometime for a Bishop & some time for a Presbyter if these two be distinct officers, is to lay a blot on the Spirit of God speaking in the scriptures, for by what rule shall it be known when he is speaking of the one, & when he is speaking of the other? & in what a mist & labyrinth must all be lest, in this business, especially when the main difficulty touching the being of one of these officers, is not removed. 6. But to put an end to this, let these few things be considered by Mr Stilling fleet. 1. Is it probable that Christ or his Apostles would institute a new & distinct officer, & an officer who was to continue unto the end of the world as an ordinary & necessary officer, & yet give him no peculiar proper name, by which he might be known, & every one might know when he were speaken of, especially seeing all the other officers in Christ's house both ordinary & extraordinary have their own distinct names, whereby they are known & distinguished from others.. 2. Where will Mr Stilling fleet show that an inferior officer was styled & called by the name, properly belonging unto a superior officer where will he find a Deacon styled a Presbyter Apostle ●…phet or Evangelist? Where will he find a Presbyter styled a●… Apostle or Evangelist (taking these names as restricted to be peculiar names of two extraordinary officers, & not in their general acceptation as 2 Cor. 8, 23 & Phil. 2, 25.) how can it be then that a Presbyter was called a Bishop, if there was a superior Church officer going under that name as proper & peculiar to him. 3. Is it not strange that in all the places of Scripture, where there is mention made of this Bishop, it cannot be clearly demonstrated that any other Church Officer is or can be understood, than a Presbyter, as to Phil. 1: v. 1. it is beyond all denial: & as to Tit. 1: 7. Act. 20: 28. There the Bishops are expressly called Presbyters: And 1 Tim. 3: 1, 2. Is the very parallel of Tit. 1. 7. In both which places the work mentioned & qualifications, are only the work & qualifications of a Pesbyter. 4. What mark will Mr Stilling fleet give to know when the spirit of God mentioning Bishops is to be understood of mere Pesbyters & when he is to be understood as speaking of Bishops distinct from Presbyters; for neither the name, nor the work, nor the qualifications will point out this distinction of Officers, or direct us, which of the two to understand. 5. Let Mr Stilling fleet say, whether it be not saifer to conclude an identity of offices from the identity of names, qualifications, & work; then to conclude a distinction, where there is no ground for a distinction, appearing in Apostolic times? 6. Had Mr Stilling fleet once proved that there was such an officer, as a Bishop distinct from, & superior to preaching Presbyters, instituted by the Apostles, in any of the Gospel's Churches, than this notion touching the promiscuous use of the two names had said something; But seeing that is not done, both these names must signify, & import one & the same officer: And so these two names shall be synonimous, & not equivocal. The second thing which he allaidgeth is this The places most in controversy about the form of government may be understood without any apparent incongruity of either of the different forms. Ans. It is certain they cannot be understood of both, only the question is, of which of the two they must be understood: And all this which he sayeth will not much advantage his cause; for hence he can only conclude, that there is a difficulty to find out the species of Government which these places speak to; but not that there is a liberty granted to own either of the two, because it is not well known which of the two, the places cited, do most favour. He is pleased to name some few passages, & these none of the clearest for the Presbyterian cause. But to pass this piece of unfair dealing, the passages which he mentioneth shall be examined, & then some others shall be adduced, to which his answers will not so well suit. The first passage which he citeth is Act 11. 30. Which (sayeth he) may either be understood of the elders of the Church at jerusalem or of the several Bishops of the Churches of ●…udea. Ans. Is it credible that learned Mr Stilling fleet could satisfy himself with this answer? Doth he verily think that these elders were or could be Bishops? If so what were these Churches over which they were set? Could jerusalem want a Bishop when the other lesser Churches of judea had? If jerusalem had also a Bishop who was he? He will not say that james was Bishop there, for james was an Apostle, & so, far above an ordinary Bishop; where findeth he the name Presbyter in all the New Testament, taken for a Bishop distinct from a Presbyter? Or where findeth he a company of Presbyters taken for a company of Bishops? Is it not also strange that where there were so many Bishops, there should not one of them be designed by name. 2. What though there should be nothing in the place (& what wonder when liberty is taken to put such glosses upon it, as cannot be confirmed by any other like passage) that expressly excludeth the one, is not this enough, that there is no thing in all the Scripture speaking for that one, nor any thing in that passage expressly for it? If there be no passage clearing that Bishops were instituted by Christ or his Apostles, every passage which speaketh of the government of the Church by Presbyters, excludeth Bishops, if it do not expressly & directly include them, as this passage doth not. But 3. Look the context & this will be cleared: It was the Church of jerusalem that sent Bar●…bas thither to Antioch. Ver. 22. And Agabus the Prophet who did foretell of the famine was come also from jerusalem, Ver. 27. And so it was to the Church of jerusalem that Barnabas was sent back again, with this contribution; Because this was the chief Church where were many Christians: & there are few plantations beside found, as yet in judea, that could make up Bishoprics. The next passage he citeth, is more considerable, Act. 15: v. 6. [Where, he sayeth, nothing is expressed to make us know whether these were the fixed elders of that Church, or the Bishops of all the Churches of judea.] Ans. What was said to the last, may be replied to this also: And further it was the elders of that Church unto which Paul & Barnabas were sent Ver. 2. & this was the Church of jerusalem, that they should go up to jerusalem to the Apostles and elders. 2. When they came to jerusalem they found the Apostles & elders, there present: what could the Bishops of all judea be doing there at that time? If it be said, that they came together upon this solemn occasion. How did they know of this occasion? For the Apostles knew not of it themselves till the Commissioners from Antioch told them, Ver. 5. [That there were certain of the Sect of the Pharisees arisen which believed saying that it was needful to be circumcised, etc.] And then, Ver. 6. [The Apostles & Elders came together for to consider of this matter.] He who can imagine that these Elders were the Bishops of the several dioecies of judea, may easily cast by the plainest & fullest passages of Scripture that can be, & may imagine what he pleaseth. But to put a close to this, let that passage, Act. 16: 4. be considered, where it is said, [They delivered them the decrees to be keeped which were ordained by the Apostles 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & Elders in jerusalem,] or who belonged to the Church of jerusalem, or stayed there. The third passage is Act. 21: 11. of which he giveth the same dubious sense, upon as little ground as before, & his conjectures may receive the same answers: Only where he says, They might be the Elders of the several Churches of judea, he seemeth to prevaricat, for the point of difference is not betwixt Elders & Elders; But betwixt Elders & Bishops, & betwixt the Elders of that particular Church of jerusalem, & the several Bishops of the dioecies of judea: But it seemeth he blushed to name this once, & therefore thought it best to put in Elders, but this was not fair dealing. Neither is his conclusion fair when he sayeth, There is no certainty of the Church of Jerusalem, how that was governed, whether by Apostles themselves, or other unfixed Elders, or only by James, who exerced his Apostleshipe most there, and thence is afterward called Bishop of Jerusalem: For the question is not whether the Church of jerusalem was governed by all the Apostles, or only by one; But whether by Presbyters in common, or by one Bishop above & distinct from Presbyters: And by this conclusion he would seem to say that there were no Elders in jerusalem at all, & no Governors there, but Apostles one or more. Moreover it is sufficiently proved by the Presbyterian divines; that the Apostles, when acting in government together with other Elders or Officers, did not act as Apostles, but as ordinary Officers; And also that james did not govern the Church of jerus▪ alone, as a Bishop The fourth passage which he citeth is Act. 14: 23. upon which he sayeth, That no more is imported, but that no Church wanted an Elder, but not that every Church had more Elders. Ans. whether was this single Presbyter a Prelate▪ or not? If not, what is this to the present question? The government may be Presbyterial where one Minister is fixed to one particular flock. If he was a Prelate, where were his Presbyters under him? 2. It is true 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 will signify no more but Ecclesia●…m, Church & Church; but will 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signify no more but one Presbyter? Had it been said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 it might import, but one Presbyter in one Church: Or yet if it had been said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 But 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 must needs import more. Theodoret knew the import & force of that phrase, when he rendereth the like passage in Tit. thus, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, a Presbytery in each city. The last passage which he citeth is Act. 20: 17. There is no certainly (sayeth he) whether these elders came only from Ephesus, or also from the several Church's ●…f Asia about. Ans. Upon what ground can he once think that the elders of Asia may be understood here? He hath none other but this, that it is said, v. 18. that from the first day he came into Asia he had been with them at all seasons, & because he did not remain all that time at Ephesus as appear Act. 19: 20, 22, 26. But this cannot so much as ground a probability; for it is certain the most part of his abode was at Ephesus, for full two years & three months are specified Act, 19: 8, 10. & the rest of the three years (if there be not ro●…ndatio numeri here) he might now & then have visited other parts, & have most of his residence at Ephesus, hither reaching in the Synagogue nor in the School of Tyrannus, where he had taught two years & three months: & so, granting that he might have made some visits, unto the other parts of Asia, dur●…ing, these Nine months; yet he might well say to th●…se of Ephesus. That from his first coming into Asia, they had known after what manner he had been with them, again it will not hence follow, that others than these of Ephesus were there, more than from these words v. 25. Y●… all among whom I have gone preaching the Kingdom of God, it will follow that all the people he had preached unto both in Ephesus, & in other places of Asia minor, & Asia propria, were present. But whom can we expect to have been there, except such only who were sent for, viz the Elders of the Church of Ephesus? & therefore they are called the Elders of the Church & not the elders of the Churches, as they would have been called if the Elders of the Churches had been there present: as we hear of the Churches of judea Galilee & Samaria, Act. 9: 31. & of the Churches of Galatia, Gal. 1: 2. Churches of Asia 1. Cor. 16. 19 of Ma●…edonia, 2 Cor. 8: 1. & of Syria & Cylicia Act. 15: 41. so would we hear of the Elders of the Churches of Asia. But there is no such thing; only there is mention made of the Elders of that one Church 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. To conclude this, himself sayeth cap. 7. §. 2. pag. 349. [That this flock & Church were the Christians of Ephesus & that all these spoken to were such as had a pastoral charge of this one flock.] Thus it hath been shown how weak the ground is, upon which Mr S●…illing fleet walketh, & how little reason he hath to conclude his notion from these passages which he hath mentioned: & further the groundlessness of his conceit will appear if some two or three passages of scripture be but viewed, which he hath passed by without once noticeing & unto which the answers which he was pleased to give to others, will not quadrate, as. 1. That place. 1 Cor. 5. If any look thorough that epistle they shall easily see that there were many preaching Presbysers in that one Church & here Cap. 5. they are about a work of excommunication, & so are endued with episcopal power. In this Chap. the Apostle speaketh to them all alongs in the plural number, & Mr Stillingfleet, who is no friend to the independent way, will easily acknowledge that what is there said was spoken to the Church Governors: So then, Mr Stillingfleet must say that these Governors were Presbyters of that one Church ruleing it together communi corsilio: And that they can not so well be understood of Bish. for one Church should have but one Bishop: So then here is a place which cannot be understood alike of both, but must of necessity be understood of a Presbytery, & of a Presbytery having full Episcopal power, in the matter of jurisdiction, what Mr Stilling fleet will reply to this, can hardly be conjectured. A second passage is Phil. 1: v. 1. where mention is made of Bishops & Deacons; now these Bishops, could not be Bishops properly so called in opposition to, & as distinct from preaching Presbyters; Because of such Bishops there can be but one in one Church at once, & therefore they behoved to be Presbyters endued with Episcopal power, having the thing as well as the name, & Presbyters of that one Church: So that this passage cannot be equally understood of both, with any show of reason. A third passage is 1. Thes. 5: 12, 13, 14. Where there are some mentioned who were labouring among the people, & were over them in the Lord, & these were to warn the unruly, etc. So that in this one Church there were several Presbyters, & Presbyters endued with power of warning the unruly: Mr Stillingfleet cannot imagine, any colurable pretence whereby, without much apparent incongruity, this passage may be understood of either of the different forms. And seeing this ground faileth here, we may for all which he hath said to the contrary, arrive to such an absolute certainty of that course which the Apostles took in settling Churches. So much for this observation. 6. It may be observed; That Presbyterians have more than the practice of the Apostles, even their positive institutions, in these few particulars. 1. In ordaining & instituting such & such Officers, as Pastors, Doctors, Elders, & Deacons, as may be seen, Rom. 12: v. 6, 7, 8, 1 Cor. 12: 28. Ephes. 4: v. 11, 12. In all which places there is no mention made of a Bishop distinct from a preaching Presbyter. If Mr Stillingfleet say, according to his principles, that there was no necessity of making mention of him, particularly, because he is no distinct officer from a Presbyter, but only impowered by the rest as their Commissioner. Beside what hath been replied to this formerly, this may be added here. That if this be truth which Mr Stillingfleet affirmeth, he hath wasted much paper and pains in vain, when he went about to prove that no certanety of the practice of the Apostles could be come at whether they did set up episcopal or Presbyterian Government; for these should not be two distinct Governments: And he had a shorter cut for Answering all the places of scripture, than the way was which he took: Yea he might have spared his whole book, & given out this one Thesis for all, viz: [Though Presbyterian Government be juris Divini yet the Presbyters, may lawfully intruste one of their number with some special piece of the exercise of jurisdiction & ordination.] And then he might have had more to say, upon the ground of prudence or the like, for himself, than now he hath. But it is not good to be wise above what is written, & it is best wisdom & prudence to follow the rule of the word. But more over. 2. They have the Apostles institutions concerning the qualifications of these officers, as is to be seen in Paul's epistles to Timothy, & Titus. 3. These officers are commanded to such & such pieces of work, Some to rule, some to teach also, some to take care of the poor. 4. These officers are commanded to attend that work of theirs with all diligence, in their own proper persons, without rolling it over on others Rom. 12: 6, 7, 8. The Minister is to wait on his Ministry, & he that teacheth on teaching, he that giveth is to do it with simplicity, & he that ruleth is to rule with diligence. 5. In matters of discipline & juridiction they are commanded to Act jointly, for the officers of the Church of Corinth were apppointed to conveen together that they might deliver the incestuous person unto Satan 1 Cor. 5, 4, 5. So the brethrens the officers of the Church of Thessalonica were exhorted to warn the unruly. Now lay all these together. Such & such officers, set to such & such work, & appointed to attend the same, & ordained to Act jointly in matters of government, & there is a species of Government, & a species warranted by Divine institution viz: by Apostolic commands; for these positive commands are of a lasting nature till God repeal them again. Himself giveth some 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Marks, whereby to know when positive laws bind immutably, the first whereof mentioned Part. 1. c 1. §. 6. & Part. 2. c. 2. §. 2. Is useful here viz. when the same reason of the command continueth still. Now let Mr Stilling fleet show, if he can, what reason could plead for Ministers acting collegiatly in matters of discipline then, which will not be of force now; was there less of the spirit then, nor is now? Or was there fewer able & fit men for to be Bishops then, nor is now? Or was there less care to have things done orderly & exactly? or shall we say that all these commands were for that age of the Church only? If so, there is an easy way found to cast all the commands & injunctions of the Apostles, though they were induced with the spirit. Shall it be thought that the command given to the Church officers of Corinth to conveen & to excommunicate, did bind them only, & at that time? if so, there should be a wide door opened to much evil, & a way prepared for laying aside all the injunctions & instructions of the Apostles as now useless, & as an almanac out of date. Enough of this consideration. Obs. 7. It would seem to be a great reflection upon jesus Christ who was faithful to him that appointed him, & that as a son & so beyond Moses who was faithful as a servant, Heb. 3. 2, 5, 6. To say, that he hath not apppointed a standing form of Government in his house. Mr Stilling fleet replieth Part, 2. c. 4. §. 1. 1. That then it must be made appear that the settling of this form was a part of his mediatory work Ans. This may easily be made to appear; for it did belong to his Kingly office, & so was a part of his mediatory work, as well as his instituting of officers in his house, & as Mediator the Government is laid on his shoulders Isa. 9 6. And all power in heaven & earth was given to him Mat. 28, 18. He addeth I grant he is King of the Church, & doth Govern it outwardly by his laws, & inwardly by his spirit, but shall we say that therefore any one form of Government is necessary which is neither contained in his laws nor dictated by his spirit? Ans. No, not at all, for the Government which Presbyterians do account necessary is both contained in his laws & dictated by his spirit, as is shown; & they reject all other forms only because they are not contained in his laws, nor dictated by his spirit. He replieth. 2. That if this correspondency hold the Church of Christ must be equally bound to all circumstances of worship Ans. The Christian liberty wherewith Christ hath made us free, should not be abridged in the least, nor should this correspondency be pressed so exactly & straight, as to make it bleed; and yet there is no necessity to grant that in nothing the correspondency will hold: It is true as to the circumstances of actions much is left to Christian liberty now, & so under the law, in several things, much was left to the liberty of the jews. But to say that the model of Government should come in among circumstances is to speak without any proof or sure ground, especially when the Change of the model will be the bringing in of a new officer, which himself will not grant to be a thing left to Christian liberty. He replieth. 3. That there is such a disparity betwixt the Gospel & jewish state as will weaken the argument Ans. Of these disparities he nameth four The first whereof is the same with that which went before, viz. our Christian freedom from ceremonies & the like. But will it hence follow that Christians now must be at liberty to choose what form of Government they will, popish prelatical, Erastian, independent, morellian, or Presbyterian? Must they be at liberty to choice what officers they will; Or must they be left at liberty, to cut out their work to them? It is good to stand fast in the liberty where with Christ hath made us free; but it is not good to turn that liberty unto licentiousness, & to extend it beyond the due bounds. Mr Silling fleet would do well to have a care of the first day sabbath, ●…st he let the morality of that pass with the morality of Church government in specie, for his grounds will lead him forth equally against both. The second difference is this, That the Government of the tribe of Levi was agreeable to the rest of the tribes. & therefore of the argument hold, Christ must prescribe a civil Government. Ans. whether the Gover●…ent of the tribe of 〈◊〉 was 〈◊〉 or not, is not very material; for this is certain. Moses was faithful in the house of God ordering all things according to the will of God, So must Christ be in his own house & Church, ordering all things there according to God's mind: It is not the Government of the state, but the Government of Christ's house which is looked after. But. 2. Had the Church under the law no Government? Where was their priests & their Levites then? & where was their Sanhedrin lesser & greater? Sure this was distinct from the Government of other tribes; Yea even from the Government of the tribe of Levi, as it was a part of the state: And as a Church they had other officers than the state had. His third difference is, That the jews were a whole & entire people when one set form of Government was prescribed them, but the Church of Christ, was but in forming in the days of Christ & the Apostles & therefore one could not serve it then & now, when whole nations are converted: A pastor & deacons' might serve a a city when converts are few, but cannot when increased to many congregations. Ans. This will plead for a necessity of multiplying officers of the same kind conform to the multitude of believers, but will not evince a necessity of having new officers. It will plead for the enlarging of the same Species of Government; but not for the bringing in of a new Species: though the garment cut out for one in his infancy, will not serve him when grown in years: yet a garment of the same kind of cloth will serve. 2. It is strange that when the Church was small she behoved to be ruled by a company of presbyters; but now when she is grown large, one Bishop will suffice: One would think that if the Government had been episcopal then, it should be presbyterian now; for the larger the Church is she requireth the more Governors. 3. There is mention made of the Churches of judea, Galatia, Asia, Syria & Cylicia; & so of many large countries & territories converted unto the faith, and why might there not such a model of Government be fallen upon, in those large countries, as would suit whole Kingdoms? 4. It is sufficiently known that Presbyterian Government will suit all Churches, be they lesser, be they larger: were there but one congregation of believers in a country, Presbyterian Government will sit that little Church: & again were there great Kingdoms & nations converted the same Government would suit them, & most certainly attain the end for which it was apppointed. 5. If the form of Church Governm. which Moses did appoint did suit the jews both when they were in the wilderness walkeing as an army & when they were settled in the land of Canaan, in a formal & complete Kingdom, & where their number was multiplied, & when they were under Various sorts of civil Government sometimes under judges, & sometimes under Kings; shall Christ be less faithful, & not appoint such a Gospel's Government as will suit a greater Church as well as a lesser, & suit the Church under whatsoever kind of civil Government she may be? His fourth difference is almost the same with the second, for it is this, The jews lived under one civil Government; but Christians under divers forms, & then as Church Government, at the first was form according to the civil Government so should it be now. Ans. That the jewish Church Government was of the same kind with the civil Government is not yet proved, & it cannot be yield ed without probation. 2. The parallel betwixt Christ & Moses, lieth not in this, that both did follow one immediate copy: but in this, that both did institute a Government according to God's will, & such a government as he would have set up in the Church & to continue in the Church so long as that polity should stand, that is to say, as Moses did appoint a government which should unalterably endure so long as the temple, the typical & dark dispensation should stand; so Christ should appoint a form which should unalterably endure so long as the new dispensation should last, that is, until the end of the world; for Christians look for no other change. 3 One & the same form of Church Government will suit all Churches now, in all time coming, under what soever kind of civil Government they be, as hath been already said. Obs, 8. Mr Stilling fleet is not well pleased with such as lay any weight upon the former ground mentioned viz: Christ's being obliged there unto by his office as mediator & King & Lord of his house; & would have them rather proving that Christ hath determined a form of Government, then that he ought so to have done. Therefore we shall show that Christ hath so done indeed. And what the Apostles did at his command, or by virtue of the commission he gave unto them, will easily be granted to be equivalent. But to pass this, Christ himself hath laid down the main ground & foundation of a species of government in Math. 18: ver. 15, 16, 17. For there he is setting down a course, for the removing of scandals that will fall out among his Disciples, & followers, & ordering the matter, so that when private means will not gain the offending brother, more public means must be used, & he must be brought unto the Church judicature, & that Church judicature hath power to excommunicate him, if so be he hear them not, as to the removing of the scandal. It is true many parties endeavour to press these words for their own use, but it will not hence follow that therefore these words are incompetent to determine any one form; for if this ground be relevant much of the scripture should become incompetent to determine matters of faith & doctrine; because several parties labour to wrest the same to their own judgement. It would be tedious here to examine the claims of all parties unto this place, & the present work is only to deal with Mr Stillingsleet, & therefore only his notions concerning this place must be examined. Concerning this place then, he giveth his judgement, 2. part. cap. 5. §. 8. & first he taketh the trespasses mentioned to be matters of private offence & injury, & not matters of Scandal, & his grounds are these. 1. The parallel place Luk. 17: ver. 3. is to be understood of private injuries; because it is in the power of each private person to forgive them. Ans. So said Erastus before him but after narrow search it will be found that the forgiving mentioned in the Text Math. 18. is a desisting from any further prosecution of the business, & a forgiving which must not be granted until the brother be gained: But whether the offending brother be gained or not, all private injuris must be forgiven him, & none must keep up a Spirit of revenge against him: And therefore these trespasses must be matters of Scandal, which, unless the offending brother be gained, must be prosecuted until the yondmost step be used. 2. He sayeth, It appears from the next words of Peter, ver. 20. This is another of Erastus' shifts: But for answer. It will not appear till Mr Stillingfleet first clear that there is such a connexion betwixt these verses, as will undoubtedly demonstrat that one purpose is to be understood in Both. But commentators show the matter to be otherwise, & indeed there is nothing that can so much as ground a probability of such a connexion here, unless it be these words, Then came Peter to him, but whosoever shall look on Luk. 8: v. 19 shall have the like, thus, Then came to him his mother, etc. And yet this was not immediately after what was said before, as will appear when compared with other Evangelists: And so since it is not certain that this was immediately after the former purpose, no reason can be given to evince the identity of these purposes. 3. He sayeth, If it were meant of any scandalous sin it might so fall out that matters of scandal should be brought before the Church, when only one person knows it. Ans. It is not said that every such scandal or trespass whereof only one is conscious should be brought in public, but that more noture scandals ought to be brought before Church judicatures, when more private admonitions will not gain the offender. But 2. This inconvenience will recurre upon himself, in the case of private offences. But next as to the word Church he says [It is a select company called together to hear the whole cause & this was agreeable to the jewish practice, pudefacere coram multis: & delictum publicare, & to this the Apostle alludeth, 2 Cor. 2: v. 6. & this is the reproof before all, 1 Tim. 5: v. 20. Ans. 1. The word Church is not usually so taken in the New Testament, & the Hebrew words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the Old Test. do always import a company embodied in a stated way, as a fixed congregation, either for government or Worship. Mr Leigh in his Critica sacra sayeth that among the Grecians, & chiefly the Athenians from whom it came, it was used for a multitude called together by the command of a Magistrate. 2. Christ sayeth tell the Church 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, & so directeth them to a fixed standing company. 3. That pudefacere coram multie being the same with, 2 Cor. 2: 6 the censure of many confirmeth this; For that censure was by a Church judicature convened in the name of the Lord jesus to take course with a scandalous person, 1 Cor. 5. Again 4. No commentator taketh the words so, only Grotius & other Erastians' put such a gloss upon them. 5. Christ's scope is to have the offending brother gained, & not to have matters of fact which are questionable, cleared. 6. If this be the meaning of the word Church what shall be the sense & meaning of these words, Let him be unto thee as a heathen man & a Publican? He answereth, Tho meaning is look upon him as an obstinate refractory creature, & meddle no more with him, then with a heathen & a publican. And is this all the punishment which the offender must meet with: Who gave private men this power to pass such a sentence? But 2. This must be a Church sentence because it is added, Whatsoever you shall bind on earth, shall be bound in Heaven, etc. To this he replieth, That the meaning is, it is an evidence, that his sin is bound upon him, & that he is liable to punishment. But how is his sin bound upon him, or how is he made liable to punishment? There must be something done on earth, which God must ratify in Heaven, & on earth there is none to do any thing, but either the pursuer himself, or the select company: It cannot be the pursuer, for that were a dreadful & intolerable slavery, to subject every man to the lust of his enemy & pursuer. If it be the select company, how or whence have they this power? If they be clothed with authority, then are they a judicature, & this is the thing pleaded for. And thus, it appeareth that scandals are here understood, & that this Church is a Church judicature, notwithstanding of all which Mr Still. hath said to the contrary, which is but the very same, which others had said before him, & which was sufficiently answered by worthy & learned Mr Gillespy in his Aaron's rod blossoming though he will not so much as once take notice of his replies. The ancients did so understand the place particularly Orig. Tract. 6. in Mat. But that it may be cleared how there is a foundation here laid down for a way of removing of scandals by Church officers in communi associated together in a judicature, & so how there is a way laid down for presbyterian Government, let those particulars be considered. 1. From the beginning of the chapt, the Lord is speaking of scandals, & first of scandals given, as is clear, v. 6: 8, 9 & after he hath used some arguments to press his followers to beware of that evil, he cometh v. 15. with an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 (which may be rendered but if thy brother) to another case, about the same purpose or head: viz. to clear this question what shall be a christians carriage when his neighbour stumbleth or offendeth him, by his unchristian carriage in his ordinary walk: So Galvin Aretius & others: & so he is speaking of real scandals for. 1. They are Brethren, or Church members with whom this course must be taken. 2. The offending brother is to be rebuked or convinced of his fault 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 importeth such a convinceing as ' is for sin joh. 8: 9, 46. & so the LXX. use it Leu. 19: 17. where sins & scandals are spoken of. 3. He says if he hear thee & not if he repay thee the wrong he hath done, or if he be reconciled. 4. Then he is gained now 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 (as Stillingfleet himself confesseth) is used for conversion & turning others from sin. 1. Cor. 9: 19 1. Pet. 3: 1. compared with jam 5: 20. Hence. 2. It would be considered that the Christian's scope in this business should be to gain the man's soul, & for this cause he is to assay all calm, peaceable gaining, & private means, to bring the offending brother to conviction, & acknowledgement of his fault; & so first speak to him alone, & then take some others with him to be witness both of his Christian carriage towards him, in desiring to have him gained, & of his unwillingness to be gained; that so they may bear witness of both, unto the Church judicature. 3. When private means do not work, he is to be delated unto the Church judicature; for the person offended must tell the Church: What Church? He must tell that Church unto which the witnesses will be useful, & that is, a judicature; for to that, witnesses have a relation. That Church which is able to convince if any do it. That Church whose sentence is the last remedy. Th●… Church which hath power to bind & lose. That Church which hath power to bind & lose with a promise of the ratification of what they do, in heaven. That Church which hath the keys Mat. 16. & power authoritatively to pardon & retain sins, joh. 20: 23. That Church which hath power to pronunce that sentence, after which, the man is to be looked upon, as a heathen & a publican. 4. And when this Church judicature can not get him convinced, they must pass a sentence upon him, & this sentence is the sentence of excommunication, as learned Mr Gillespy hath abundantly showed Aaron's rod. book 3. c. 2. & 3. Hence it is clear. 5. That here is set down the way of taking away Church scandals, by inflicting Church censures: And this by Christ's appointment is not to be done by any one person, but by the Church officers in communi collegiatly; for it was never heard of to this day, either in sacred or profane writings that one man was called a Church or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. And this is a good basis for Government yea & for presbyterian Government or the Government of the Church communi consilio presbyterorum. & here there is not only a foundation for gradual appeals, [as himself confesseth here: though part. 2. cap. ult §. 8. he would say that presbyterians, found their subordination of courts, Upon the principles of humane prudence] for Church censures, & for the lawful use of excommunication, as he confesseth also; But also for the species or model of Government; Or for the manner of the constitution of the judicatures, which should excommunicate & take notice of Church scandals; for it is called the Church, & so cannot be meaned of a prelate who is no where so called, and yet arrogateth to himself all the power of jurisdiction. But Mr Stilling fleet hath two arguments whereby he endeavoureth to prove that Christ did never intend to institute any one form of Government in the Church, part. 2. c. 4. §. 4. 5, 6. etc. This is a great undertaking and his arguments must needs be very strong, but whether so or not, the reader may judge. The sum of the first is this If there be any such institution of Christ's, as a standing law, it must either be expressed in direct terms, which cannot here be shown: Or deduced by a necessary consequence; and no consequences can make new institutions but only apply one to particular cases; And then the obligation of what is drawn by a necessary consequence, must be expressed in scripture. Ans. It hath been shown that the practice of the Apostles was for a form of Government, and from their practice, a law may, by necessary consequence, be drawn, considering their place, & office▪ how they were sent forth to plant Churches, & to set up officers & to appoint unto each of them their proper work, etc. And for this cause were endued with extraordinary qualifications & assistence, confirming their commission by many signs & wonders: And this carrieth an obligation in its bosom. There hath been shown also a standing law of Christ's, from which a form of Government may be deduced, a standing law, about the removing of scandals which will found a species of Government by Church officers in common, as well as appeals, Church censures, & excommunication, & from thence there is an obligation for the one, as well as for the rest. 2. But if all this will not satisfy, let Mr Stilling fleet satisfy himself with the standing obligation of the morality of the first day Sabbath, & he shall with all satisfy himself as to the standing obligation of the morality of a species of Church Government: He can produce no law for the first day Sabbath, but a law deduced by necessary consequence (without any obligation expressed in scripture concerning that which is so drawn by consequence) & if this be enough in the case of the first day Sabbath, why not also in the case of Government: If he say in the business of the Lord's day there was only an application of an institution, to a particular case. It is Ans. So is it in the matter of Church Government, for there was a law for a Government in genere, & this law drawn by consequence, from the practice of the Apostles & primitive Church, is but an application of that general to a particular species of Government. His second arg. is this All the standing laws respecting Church Government, are equally appliable to several forms Ans. Are they appliable to the hierarchy, to Erastianisme, to independency, & to Morellianisme: Or only to Presbytery & Prelacy? If only to these two, than all other forms but one of these two are utterly excluded, & there is no more liberty left save to make choice of one of these. But what if this ground of his shall not hold? He referreth all the laws to these three heads The 1. Head is the qualifications of the persons for the office of Government, & so citeth, 1 Tim. 3, 1, to 8. Tit. 1, 5, to 10. Ans. And may it not be said, useing his own words, mu●…atis mutandis, that all these & the rest, are equally required as necessary in a Pope, in a Patriarch, etc. As well as in a Bishop or Presbyter: Yea every one may invent a number of new officers & defend them with this, that all these qualifications agree to them. The 2. Head is. The precepts requireing a right management of the work, & citeth, Act. 20: 28. 2 Tim. 4: 2. & 2: 2. 1 Tim. 5: 19, 21, 22. Heb. 13: 17. Tit. 1: 5. And addeth there is no precept in all these Epistles to Timothy & Titus prescribeing whether, they should Act solely, or only as Consul in Senatu. Ans. But if the precepts be such & require such a management & such work, as can not, with any possibility, in any tolerable manner, be obeyed & performed, by officers under such a form, than it cannot be left to the will of men to set up such a form, & so is the case here. The precepts are not appliable unto prelates: Is one man able to exhort, reprove & watch over a whole dio●…cy his alone, seeing he in all probability shall never see their faces? (And as for delegation of Church power Mr Stilling fleet himself sayeth Part. 2. c. ult. §. 8. Pag. 414. That there is not the least footstep of it, either in scripture or antiquity.) Is it possible that one man, can in any tolerable manner, obey these commands, & watch over such a number, over which, Two or Three hundred ministers could not get well watched? God layeth not utter impossibilities on his officers. So then seeing these precepts are not appliable unto any other form, then Presbyterial, his Argument falleth to the ground; Seing it is not imaginable that one man can rule such a numerous people, & watch over them by discipline, over whom fifteen or sixteen Presbyteries, each of them consisting of fifteen or sixteen Ministers, & as many ruling elders (beside the competent number of ruling elders which each particular congregation had) were set, & had all work enough & more than they could well overtake. But. 2. What will he do with that command, 1 Cor. 5. given to the elders of that Church to conveen together for an Act of discipline? Doth not that command concern Gospel Churches now, as much as any of these precepts in the Epistles to Timothy or Titus? And how is it imaginable that it can be appliable unto one man? Sure then this command is not equally appliable to both forms; For a precept given to a collegiat body, to meet together, is not appliable to one single person. The 3. Head is general rules, such as these, that none preach without a call, Heb. 5: 2. Rom. 10, 14. That offenders be censured, that complaints b●… made to the Church in case of scandal, that all be done decently in order, & to edification. Ans Will than if, it be a standing rule that complaints be made to the Church, it is a standing rule that there should be a fixed Church to receive these complaints, & all the question is whether this fixed Church which can take notice of complaints & inflict Church censures, & excommunicate, can as well be understood of a prelate, as of a body of Church officers incorporated? And if Mr Stilling fleet can be able to show that the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is or may be taken for one single person, than his notion will be more able to stand; But if not, of necessity it must fall to the ground. Obs. 9 It is worth the considering how weighty a business the matter of the Government of the Church is, & of what great consequence it is to have it modelled aright: For experience hath made it appear, how much more effectual▪ for keeping of the Church of Christ pure from error & heresy, & for beareing down of Profanity, & for promoving of the work of Godliness in power; one species or form is, than another: And this may speak very much for the Lord's keeping that in his own hand & not leaving it unto any Prince or Pastor to determine what shall be the species of Government: Especially considering with what byasses & by-respects, the most of men are ready to be carried, & how readyall are to model Church Government so as may most suit their own ends, & serve most to make them great in a world. And hence it hath been seen that when men leave the simplicity of the Gospel, & the p●…terne there set down, they run wild, & never once consult the edification of the Church, or the promoveing of the work of God in souls, etc. But their own base ends: And when men will be wise above what is written, & follow their own notions & devices God giveth them up to delusions, & to more strange fancies. And sad experience hath proved how dangerous it is to depart from the rule of the word, in matter of discipline; for by this means, it came to pass, that the Church did not only get Bishops, distinct from, & superior unto, Presbyters; but also Metropolitans; & after these Primats, & at length Patriarches, & finally the Pope. They followed not the rule of the word, but thought that they were lest at liberty, as Mr Stilling fleet doth sadly make out Part. 2. c. 7. & would have the Church as pompous, as the state, & so made the state Government their copy: And therefore as there was one Emperor so there behoved to be one universal Bishop & Pope, whom the world had never seen; had not this notion of Mr Stillingfleets been in their head, viz. that they might order the matter of Church Government as they pleased best: & though Mr Stillingfleet make use of this as a confirmation of his notion, yet it is such a proof of it, as may make all tender hearted protestants tremble at it & reject it, as being the very thing which raised up Antichrist. Obs. 10. Mr Stillingfleet is pleased in the last Chapt of his book to gather together some expressions of Divines at home & abroad in France, Germany, & the low countries, as favouring his purpose, which to examine, a work of this nature will not suffer, any who will, may do it, & possibly shall find some unfair dealing. However, unto these whom he cir●…th it will be sufficient, though he had four for each one, to oppose the testimony of Churches which may be seen in the harmony of confessions, & whose testimony, is of much more authority, than the testimony of Twenty private divines, & moreover he well knoweth that of private divines many are against him for one who is for him. Obs. 11. He telleth the reader in his preface, that he doth not write to increase the controversies of the times, nor to foment differences; but his design is to allay the heat & abate the fury of that ignis sac●…r or erysipelas of contention, & so all alongs in his preface he would make his reader believe that he designed nothing but peace; & accordingly he entitled his book Irenicum & a Weapon-salve for the Church's wounds. No man must search his heart or judge in those matters; but this is certain, if such was his design, the means he hath fallen upon, look not to be very suitable thereunto; how such an under taking as this shall heal the Church's wounds is hardly imaginable: And therefore it may very well be styled a Weapon-salve, whose way of cureing is not very rational or obvions to every one; Yea nor natural, if many may be believed. And this phisitian's undertaking shall never cure the Church's wounds by Sympathy what ever it may do by antipathy: It seemeth to be a sad interlocuture of a judge, when a plea cometh before him, betwixt a rober & one who offereth to produce his evidences & rights for such a possession, to say that all is common, & every man hath a like right to all, & may lay claim to what he pleaseth; & just such is this learned man's determination of the question in hand. The Presbyterians off●…r to prove their right by the Testament of jesus Christ, & to prove that prelates are usurpers, & his interlocuture is that neither presbyterian nor prelate hath more right than other & each may take what they please. If this be a way of ending controversies & healing wounds, it is indeed by the weapon salve of antipathy: And the reader may judge whether it be not the readiest way to increase divisions, & contention in the Church; & whether or not these piles that seem very sweet & pleasant to the palate may not prove ●…uell to that bilious humour which as he himself confesseth, is too too predominant already. Sure it is, he seemeth not be a man for peace who thus hath his hand against every man, & every man's hand against him: But if he would have united the broken, divided, & subdivided Church, he should have taken a way to have strengthened her union with the head: Union in an evil cause is not good- Pilate & Herod can a gree in a matter against Christ, & such an union as this looketh rather like the fruit of the weapon salve then any thing else. It is sad that he could not get this weapon salve made up without such an ingredient in it, as wrongeth the head & King of the Church: it is an evidence of an Empirick & ill skilled physician who cannot attempt the cureing of one disease without the causing of a worse, nor make a salve to cure a wound in the body, till first he wound & wrong the head. Could this learned man fall upon no way to cure the bleeding wounds of the Church, but such a way, as in some degree & measure is a putting the crown off the head of Christ jesus who is head of the Church, & the sceptre out of his hand? for to say that he hath not settled the Government of his own house by appointing his own officers, & appointing each of them to their own work, is to say, he doth not act the part of a King & Governor in the Church which is his Kingdom, & of how dangerous consequence this is, himself may easily perceive. Obs. 12. It is likewise strange that this learned man should have made choice of such an opportunity & occasion, wherein to vent his notion, for in so doing he hath no way consulted the good & edification of the Church. Because he might well have known that by his book the higher powers of the land would have been much encouraged, to set up the former prelatical Government, which had occasioned so much persecution unto the truly godly, so much opposition to piety, & to the work of grace: & so he might well have expected to see all these evil consequences natively springing up again, & to see the Church of God decaying as much, if not more, than ever; for that is a Governem. which destroyeth the very ends of Government, because no man were he never so good could govern the Churches after that manner to edification: He might easily see that one man could not watch over, in all the duties of a watch man, so many thousands, or rather hundereds of thousands, as by that Government he would be set over. It is true he adviseth to have lesser dioceses but still his thesis standeth, & many will read & ponder his thesis, & the drift & scope of his book, that will never value or regaird these few lines of cautions or of advice, which he setteth down in the end of his book. He might well have known that the setting up of that Government would have been (as he may now see with his eyes) matter of joy & Gladness unto all the profane rabl●… in the land, & matter of lamentation & grief unto the godly & pious. He might well have known that by that government, godly pious & conscientious able Ministers of the Gospel, should be persecuted & thrust to the door, & profane lazy & every way unfit men should be put in the Ministry, who can do nothing else but read the service book & a homily. He might well have known that by that government such as were no Church officers should have the management of discipline, such as Chancelours & their assistants. Yea he might well have known that if that government had been set up again, the whole work of reformation should be demolished & cast to ground, as he may see it done to day, & his eye may affect his heart, if he be a kindly son of Zion, & a lover of the work of reformation which God owned & carried on wonderfully to the Amazement of all: & might not these things have deterred this learned man from venting his notions, when he might as easily have seen, as he might have opened his eyes, that the consequences thereof, should have been bitter lamentation & woe to the poor Church of Christ in Britain & Irland? & what he can pretend to counter veil this damage is not imaginable: For all his pretensions of peace & union vanish at the first appearance of these destructive, & irremediable inconveniences. And finally it is yet more wonderful & strange how this learned man hath been so bewitched & blinded with his own fancies, as to be in pain until he were delivered of this birth, not considering the unseasonableness thereof at such a time. There is a season & a time for every purpose under heaven sayeth the wise preacher Eccles. 3: 1. & a wise man's heart discerneth both time & judgement, Ecc. 8: 5. But it seemeth he hath been so desirous that the world should see this monstruous birth, that 〈◊〉 he wanted a time, he would take the most unfit season imaginable, for it; For it is hardly imaginable that he could have chosen a more unfit time, for publishing this his notion; Because though his notion, in th●…si were unquestionably true, (as it is not) yet in hypothesi it could not now be yielded, the Kingdoms being tied to one of these forms, by the oath of God, the solemn League & Covenant, & so, not at liberty to choose what form they please. His principles will not suffer him to say that Presbyterian government is utterly unlawful, & that Episcopal government is necessary: & his learning will soon discover a validity in a Covenant about things not sinful, though not absolutely necessary: & his piety will grant that conscience should be made of such oaths: And now when the Kingdoms were under the oath of God to set up a government most agreeable to the Word of God; And to endeavour the extirpation of Prelacy, could there be a more unseasonable time for venting this his notion, touching the indifferency & lawfulness of either Presbyterian or Prelatical? For suppone his notion were a truth, of what use could it be now, when the Church's hands were bound up, by a solemn vow & Covenant from following their liberty? Sure his disputing so much for the liberty of the Church in such a case, at this time, sayeth that in his judgement the oath of God is of no value, otherwise at least he would have casten in this clause of exception some where, & so have stated the question as a case in Utopia, if so be it was as a fire within him that could not be keeped in. And now indifferent readers may judge whether intentio operit (I shall not say operantis) was union, peace & edification. To teach people to break Covenant with God, & to null their oaths & vows, is no way to the good & edification of the Church; Such an union by perjury, will be nothing else but a sinful conspiracy; Peace in such away, will be but dreadful security when the judgements of God are at hand: And such edification is nothing but destruction. But it seemeth his silence in the matter of the Covenant all alongs, sayeth that in his judgement, the obligation of the Covenant is null, & so this weapon-salve of his, must be strong, that will eat thorough the bones of a Covenant, but because it is so dangerous & destructive unto the substantials & vitals of Religion, it is the less to be valued, whatever virtue he allaigeth it hath for cureing wounds in the flesh. Did he think that tender Christians would get the Gordian knot of a Covenant oath & vow so easily cut as to think themselves at liberty to choose what form of government they pleased? Or if he did not presuppose this, of what use, did he think his book would be? Though it were to be wished that this learned man had employed his talon more for him who gave it; Yet seeing he would not forbear the publishing of his notions & conceptions, he might have spoken his mind concerning the obligation of the solemn League & Covenant: For so long as that Covenant standeth in force, his notion will vanish as a cloud without rain. But we must end this digression (in which we have insisted the longer, because it is one of the main grounds, upon which the complyers of this age do walk) & go on, that we may hasten to some other particular. SECTION XIIII. Such reasons or objections as are allaidged for taking, & against refuseing of the oath of allegiance, as it is called, Answered. BEfore any other particular be entered upon, or this concerning the oath, which is called (though falsely) the oath of allegiance, passed from, there are some few objections which would seem to militate against the refuseing to swear & subscribe the oath, as it was tendered, which must be rolled out of the way; And these are either such as concern the civil part, & so seem to weaken the grounds of scrupling at the oath upon that account, which were laid down Sect. 10, & 11▪ or such as concern the Ecclesiastic part, & so seem to weaken the grounds of scrupleing at the taking of the oath upon that account, which were mentioned & prosecuted Sect. 12, & 13. First then as to the civil part it will be objected. 1. That there was no ground of scrupleing at taking of the oath upon that account. Because it was but the acknowledging of that very power, which did properly belong to him before, & which former Parliaments had recognosced as his due, viz. the 18. Parliament of King james the V I. which did acknowledge his Sovereign Autherity, Princely Power, Royal Prerogative, & Privilege of his Crown over all Estates, persons & causes whatsomever. Ans. This Objection was sufficiently obviated above, Pag. 126. where it was shown that these were but Parliamentary flourishes & compliments, grounded upon personal qualifications: And indeed the act seemeth to raise this structure upon his Maj. being put in possession, as the righteous inheritor, of the famous & renowned Kingdoms, of England, France & Irland which far surpass the wealth power & force of the dominons of his progenitors Kings of Scotland, & thereby having a greater increase of care & burden, & with all upon his extraordinary graces, most rare & excellent virtues, where, with he was endued for the discharge of that trust. Now any man of understanding may see that the increase of his extensive power & authority, or of personal qualifications, is no sufficient ground for the increase of his intensive power, or for the enlarging of the privileges of the crown. Moreover it is said expressly in the act that they ratify approve & perpetually confirm the same, as absolutely, amply, & freely, in all respects & considerations, as ever his Maj. or any of his royal progenitors, Kings of Scotland in any time by gone, possessed, used & exercised the same. Whence it appeareth that they gave no new power, only they did recognosce what he & his progenitors had before. Now, as was shown above, neither he nor any of his progenitors had such a supremacy over parliaments, as is now allaidged to belong unto the crown: For as to that first act parl. 8. Anno 1584. it was shown above Pag. 125. how notwithstanding of the supremacy there granted unto the King, the privileges of Parliament remain entire, as they had been continued past all memory of man, without any alteration or diminution whatsomever: And after this Anno 1587. in the 11. Parl. act. 33. the ancient order, dignity & integrity of the parliament is restored, & particularly act. 40. the King doth faithfully promise to do or command nothing which may directly or indirectly prejudge the liberty of free voteing of the Estates of Parliament. But 2. It will be objected, That all this supremacy was acknowledged by the Parliament 21. Anno 1612. when the Acts of the Assembly at Glasgow Anno 1610. were ratified, among which this was one, that Ministers should swear the same oath which was tendered by this Parliament, & which is there set down. Ans. It is true it was apppointed by that pretended Assembly that Ministers at their entry, or admission to the Kirk should, Testify & declare, that the King was the only supreme Governor of the realm as well in matters Spiritual & Ecclesiastical, as in things temporal, etc. And it is true this Parliament did ratify & approve this deed, so that it had the force of a law. But 1. There is a great difference betwixt such a civil sanction as this is, & an other Act of Parliament, other Acts stand in force until they be repealed, but, when the Church constitution, which is the ground & Basis of the civil sanction, ceaseth, the sanction ceaseth, & the Act perish●…, without any formal repeal: The Act ratifying & approveing the deed of a Church judicature, standeth in force no longer, than the deed of the Church judicature standeth in force, & the deed of a Church judicature may be altered without any respect had unto the civil sanction, or notwithstanding that the civil sanction is not formally removed, because the civil sanction did follow & depend upon the Church Act, & the Church Act doth not depend upon the civil sanction. 2. It is not incumbent unto a Church judicature to determine the limits of the King's civil supremacy, far less to determine the same in the first place: & this pretended Assembly was more anxious about the King's Ecclesiastic supremacy, than the civil, & it was his supremacy in Church matters which was here intended by them, & approved by the Parliament: And therefore it is added, And that no foreign Prince, State nor Potentat hath or aught to have any jurisdiction, power, superiority, pre-eminence or authority Ecclesiastical or Spiritual. 3. What ever civil supremacy may be supposed to be here included, there is no supremacy over Parliaments acknowledged; But any civil power that is here recognosced as his due, is in opposition to foreign Princes, States, or Potentats, & not to Parliaments within the Kingdom. If it be said that the oath tendered by this Parliament, Anno 1661. being every way correspondent unto that oath which is recorded Parliament 21. Anno▪ 1612. can import a recognosceing of no more civil power then that Anno 1612. & therefore might lawfully have been sworn. It is replied. That the oath Anno 1661. is more express for civil power & supremacy, than that An. 1612. But if there had been no more, than the words of the oath Anno 1661. there had not been very great ground of scrupleing at the taking thereof upon the account of the civil part: for it is not the words of the oath, that ground that scruple upon that account, so much as the gloss put upon the words, by their other acts particularly by the act for acknowledging his Maj. prerogatives which as a commentary, explaineth what they mean by his being supreme governor over states civil, & in all causes civil: Now the like of this was not done by the parliament Anno 1612. Or any other before or since that time, till this parliament Anno 1661. which hereby hath put another gloss upon the civil part of the oath then ever was done before. But. 3. It will be objected May not Parliaments give more civil power unto the King than he had before & so enlarge even intensiuè the privileges & prerogatives of the crown & so denude themselves of that in whole or in part, which did formerly appertain unto them: And when the Parliament hath done this & annexed such & such power unto the crown, can it be unlawful for private subjects to acknowledge that the King hath indeed so much power. Ans. in point of law it will be a very great question, whether Parliaments who are but trusties entrusted by the people, whose commissioners they are, & virtually if not expressly bound to maintain their rights & privileges, may betray their trust, & give away the just & ancient privileges of Parliament & there with the just & ancient liberties of the people. It will be agreat question if they at their own hand, may alter the foundamentall laws of the land, without the consent of these whose commissioners they are. And it will be a greater question in law; if this Parliament might have sold or given away the privileges of Parliament, & liberties of the people, seeing so much in point of law may be objected against its being a free Parliament, if the want of freedom of election in shires & brughs, if prelimitation, if the election of such as were not capable, by the foundamentall constitution of Parliaments, & practice of the Kingdom, & other informalities, of that kind, may have any place or weight in the anulling of Parliaments. But. 2. In point of conscience, it is clear that Parliaments may not now give away & according to their pleasure dispone of the rights & privileges of Parliament, for in the third article of the league & covenant, all the people of the land, & Parliaments among the rest, are sworn to maintain in their several places & capacities; & so Parliaments, in their Parliamentary capacity, the rights & privileges of Parliament. 3. Though the Parliament not with standing of the bond of the covenant, should denude themselves of their privileges; yet now seeing every particular member of the Kingdom is sworn, according to his place, & station to maintain the rights & privileges of Parliament, they may not assent unto such a deed of the Parliament, & by their oath & subscription, approve of such a wrong; for that is the least that private persons, who desire to mind & make conscience of the oath of God, can do, at such a time, viz. to refuse to give an express, clear & positive assent, unto such a wrong done to the rights, & privileges of Parliament, contrary to the covenant. But 4. All this is to little or no purpose; for there is not the least syllable in all the Acts of this Parliament which doth import any new deed of gift, but all alongs they speak of these prerogatives as formerly inherent in the crown yea as essential to it, & hence it is, that they condemn the actings of the Parliaments & Kingdom of Scotland, these many years by gone, because done in such away as was an actual & insolent (as they say) encroachment & invasion upon the privileges & prerogatives of the crown. Obj. 4. The acknowledging of the prerogative is distinct from the oath of allegiance & therefore seeing they were not put to take that acknowledgement, they could not refuse the oath upon the account of these consequences contained in the acknowledgement. Ans. So is the Declaration dated Sep. 2, 1662. Set down as distinct from the Acknowledgement & yet who ever sweareth & subscribeth the Acknowledgement doth swear & subscribe the Declaration upon the matter: so is it here, who ever taketh the oath of allegiance doth upon the matter take the acknowledgem. also; for it is not possible to see any discrepancy betwixt them, save such as is betwixt the text & the commentary; for the acknowledgm. is nothing else upon the matter, than an explication or Exegesis of the oath, & in the acknowledgem. the same thing is said & affirmed in plain full & clear terms, which is but in general affirmed in the oath. By their Acts they declare what things they account privileges of the crown, & all these they comprehend under his supremacy, & so in their account his supremacy over all persons, & the prerogatives royal, or privileges of the crown, are all one, Therefore they could not acknowledge this supremacy, because they could not acknowledge the prerogatives royal: See this objection further answered above, Pag. 168. In the next place, there are objections of another nature, which must be answered; as. 1. Obj. Such as refuse this oath of allegiance declare that they are not dutiful & loyal subjects, which Ministers & Christians ought not to do Ans. It hath been shown at the beginning of the tenth Section, what difference there is betwixt this oath, & the oath of alleagaince, & there is no Minister or Christian who would scruple at the taking of the pure oath of allegiance: Yea they would account themselves obliged to take the same, if there were any necessity or just suspicion of disloyalty in them, which might occasion the same. King james in his book called God & the King showeth that those treacherous people, who occasioned the frameing of the oath of allegiance, were the Pope's bloody emissaries following the principles of Rome & practiseing unparallelled treachery against King, Queen, & Parliament, among whom, none will have the fore head to reckon such as did now refuse the oath, as it was tendered. It is the supremacy in Church & state, which only was scrupled at, & the acknowledging of this supremacy is no part of allegiance; for one may acknowledge, his father to be his father though he should not say that he hath power, as a father, over his soul & conscience: one may acknowledge the King of Britain, lawful King of his dominions though he should not acknowledge him to have as much dominion & power over them, as the great Turk usurpeth over his dominions: And therefore letnone so interpret that passage of the Apology for the ministers of England. pag. 2. Where they prove that, they cannot be, challenged as guilty of Laese Majesty, because they acknowledge that the King is defender of the faith in all causes, & the supreme head & Governor; over all persons as well ecclesiastik as civil, as if they would assert that all in Scotland who do refuse this oath & acknowledgement, were guilty of Laese Majesty, merely upon the account of their refuseing of the oath, seeing, as hath been shown, their case & the case of Scotland is not every way the same, & though they give out this as an evidence of their loyalty, yet they do not pitch upon it as proprium quarto modo unto a true loyal subject. 2. Obj. Will you allow his Maj. no power in Church matters. Ans. yes., Even all that power which the first confession of the Church of Scotland doth allow, viz. though conservation, & purgation of religion, the maintenance of the true religion, & the suppressing of idolatry and superstition as also all that which the later confession concluded by the Assembly of divines at Westminster doth allow: As also as much as sound reform divines grant unto him, according to the word of God: He hath power over the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 things extrinsecall, that properly belong unto the outward man, & are common to the Church with other societies. He is Custos ut●…sque tabulae, in a civil manner, & must have a care of both the tables of the law. It were tedious here to set down all the particulars: See Gillespy in his Aaron's rod blossoming, lib. 2. cap. 3. & the CXI. Propositions, which are full enough to this purpose. 3. Obj. Why then was this oath refused seeing no more was required thereby? Ans. More, yea much more was required, as appeareth by what hath been said, & cleared from their Acts & actings, especially from their refuseing of the sense given in by these Ministers who were detained so long prisoners in the Tolbooth & thereafter banished, which was large enough, & possibly larger than some of these who gave it, afterward upon second thoughts would approve: It is beyond questioning, that this Parliament giveth unto the King by virtue of this prerogative & as annexed to the crown far more than ever the confession of faith of that Church or any other protestant reform Church, did give. And as they give, so he taketh more, as might be evidenced by his letter unto the Archbishop of York if it were now at hand. 4. Obj. But whatever they assume to themselves it is not much matter: Seing none 〈◊〉 put to affirm, that so much power doth belong unto him, & the oath tendered hath not so much in it, in terminis, Ans. When an oath is contrived in such general & comprehensive terms, as may take in much & when there is no other way to find out the just latitude & meaning of it; but by their Acts & actings who tender it, it is of much concernment to know, what sense their actions will put upon it, for by their actions, the true sense must be learned: For it is a received & known principle, that oaths must be taken according to their known sense & meaning of the words, who tender the same; because oaths were first invented for their security, & therefore whosoever would deal honestly & Christianly in taking an oath, must take it in the very sense that it is understood in by such as tender it: Otherwise the holy name of God shall be taken in vain, & the takers of the oath shall deal deceitfully in frustrating the end of the oath, & the design of the tenderers thereof To take an oath Quatenus, Eatenus, in foe far will not satisfy as worthy D. Voetius judgeth de Pol. Eccl. p. 283. 5. Obj. This shienesse were good in case the oath as worded could bear such a sense as is supposed to be meaned by the tenderers. But it is not so here. Ans. It is certain the oath (as to the part controverted) is conceived in general terms: It is certain that their sense who tender it, is not sound: & it is certain that there is nothing in the oath contradicting their sense & meaning: Yea it is certain that the very oath itself, as worded, will take in all their sense & meaning; For it giveth to him a supremacy of power both over Civil & Ecclesistick people & causes, all persons, & all causes will take in both, & supreme Governor over all these persons, & in all these causes, will take in a great power, & a very large supremacy: Yea the very grammatical construction of the oath will bear this large sense fully enough. Any of understanding may easily see these three things here. 1. That the King is the same way supreme Governor over Church men, as he is over Civil men. 2. That he is made the same way Governor in Church causes, as in Civil causes. And 3. That he is the same way Governor over Church men in their Church capacity, or in their Church causes & actions; as over Civil men in their civil capacities, & in their Civil causes & actions. 6. Obj. The sense can be no other than this, That he is supreme Governor over all persons what ever action they be about, as if he were in a ship he should be supreme Governor over all the persons there, what ever their trade or occupation were, & of the Governor of the ship among the rest; And yet it will not follow, that he is the supreme Governor of the action of guideing the ship, but only that the Governor of the ship, while he is guideing her, is a subject: And just so is it here, as to Churchmen. Ans. Even his supremacy over civil persons in civil causes is much to be questioned as hath been said; But to wave this here, their Acts & deeds which are more authentic interpretations of the oath, than any private conjectures, speak some other thing: were the oath worded thus, he is supreme Governor over all Persons, this objection would have some colour, but when it is said in all causes, yea & in all causes, all is wrong. Next it is certain from what hath been said Sect. 10, & 11. that they intent more as to the civil part, then that he is supreme Governor over civil persons & that they remain subjects while about civil Actions; For he is made supreme Governor over civil persons, & in civil causes; And must it not be so likewise, as to the Church part, seeing the oath putteth no difference less or more betwixt them▪ 3. One main end of the oath was to shoulder out the Pope & his power & this was an immediate cognition of Church affairs, & a power not only over persons, but over causes; And what was taken from the Pope with the one hand, was devolved on the King with the other. 4. The simile is a plain dissimile, as it is set down: but make the parallel run thus. There is a foreigner within the ship challenging power of making laws to all persons within it & particularly to the pilot, & power of judging him in his actions as pilot, betwixt whom & the Prince the debate cometh to that height, that he is ejected, & to the end, he may never be readmitted, the Prince imposeth an oath upon all within the Vess●…ll, & particularly upon the pilot & seamen, That they should acknowledge him to be their only supreme Governor, & in all their actions & causes. And then any of ordinary capacity may discern whether or not the pilot be not bound by his oath to acknowledge some thing more than that he is a civil subject while he is about his calling & work. But all this is to no purpose now seeing their Acts & actings make the business clear enough as is shown above. 7. Obj. Where a Civil Magist. is affirmed to be Govern. of his dominions, by common intendment this must be understoodof a civil government, & may not be extended to that of another kind. Ans. With all due respect to the reverend author of this reply, viz. Bishop Usher in his speech concerning the oath of supremacy in the Star Chamber in Irland. This doth not satisfy; because by the same reason, might one who were clear for the primacy of Scotland, lawfully swear, that the Archprelat of Saint Andrews were supreme Governor of Scotland, over all persons & in all causes; because, by parity of reason, when the government of a Church officer is spoken of, by common intendment, this must be understood of an Ecclesiastic government & may not be extended to that of another kind. And yet no doubt, this oath would be scrupled at, notwithstanding of that common intendment. But 2. Their acts & deeds destroy that common intendment, & respect must be had to their intendment, & not to the common intendment. 3. Even as to this common intendment in respect of the civil part it hath been shown what just ground of scruple there was. 8. Obj. No other thing can be understood, for he is capable of no more, & the predicat can agree no further to the subject, than its capacity will permit. Ans. This is a shift for Children, but for none else: For. 1. Such subjects are seen to assume to themselves more, than they are truly, by any law of God, capable of. 2. By this means one might swear that the civil Magistrate were Head, husband, King & saviour of the Church without all hazard of perjury for these predicats can agree to him no further than he is capable: As also one might lawfully swear that the Pope were supreme civil judge of the King's Dominions, yea & swear the greatest untruths imaginable; but such Salvoes will prove too narrow to cover perjury in the day of accounts. 3. Oaths are the end of controversies, but this oath should then decide no controversy: For the King's power should be as uncertain, as ever it was, for all this oath. 4. The question is not so much what power doth really appertain unto the civil Magistat, but another thing founded on this, viz. what power may one lawfully say & swear doth indeed belong to him: And will any be so profane & gross, as to say, It may be acknowledged by oath, that he hath more power than indeed he hath? Such like metaphysical distinctions, will not defend from the wrath of God, in the day when he shall be a swift witness against all false swearers. 9 Obj. Is it faife to contend with higher powers about such things, & bring on such sad sufferings? Ans. Christian's should be most taken up with duty, & should not value sufferings: They should buy the truth, & by no means sell it, & this matter under debate is no small business, whatever some may think. Not to mention here the sad consequences of this oath, as to the civil part thereof, if the Ecclesiastic part thereof be only noticed it, will appear to be a matter of greater moment than every one will believe; as may appear from the reasons mentioned. Sect 12. Men who would be accounted loyal subjects unto a King of clay will think it their duty to stand & contend for a small & inconsiderable bit of a thing, going under the name of a privilege of the crown, to the hazard of life & all; & shall any Christian account such things, as are real privileges of the crown of Christ, frivolous, And not worth the hazarding of any thing for? The asserting of Christ to be head & King of his Kingdom, which is distinct from all other Kingdoms upon earth, & that he alone hath power to rule this his Kingdom, with his own laws, & by his own officers; And that none may rob him of his crown & sceptre, or of any part or pendicle thereof, seem to be no small matters. Who will condemn the generation of the righteous who like valiant soldiers, have stood for the defence of their master's prerogatives, & would not give their consent, unto the spoiling of his crown, no not in the least, even when condemned to death therefore, & banished out of the land of their nativity: The words of famous Mr Welsch in his letter to the Lady fleming from his prison at Blackness jan. 1606. Are worthy to be noticed & keeped on record What am I (sayeth he) that he should first have called me, & then constituted me a minister of glad things, of the Gospel of salvation, these fiftine years already, and now last of all, to be a sufferer for his cause and Kingdom; to witness that good confession that jesus Christ is the King of saints, & that his Church is a most free Kingdom, yea as free as any Kingdom under heaven, not only to convocate, hold, and keep her meetings, conventions, and assemblies: But also to judge of all her affairs, in all her meetings and conventions, among his members and subjects: These two points. 1. That Christ is though head of his Church. 2. That she is free in her government from all other jurisdiction except Christ's are the special cause of our imprisonment being now convict as traitors, for maintaining thereof. We have been waiting with joyfulness to give the last testimony of our blood in confirmation thereof. If it would please our God, to be so favourable, as to honour us with that dignity. Obj. 10. Howbeit the matter as set forth by you seem considerable; yet as comprehended in the oath, it seemeth very inconsiderable: Were these things expressly affirmed, there were some colour of reason for refuseing to acknowledge the same; but seeing they are only your inferences & groundless fears there is less reason to refuse the oath. Ans. It is no new thing, for sufferers to be blamed as faulty: This is certain, & every one may see it, that the temptation is stronger for taking then for refuseing of the oath, there being much more outward & worldly advantage to be had by taking then by refuseing of it; and therefore such should be Christianly sympathized with seeing the matter they stand upon, is not t●…ial, the business they contend for is concerning the due bounds & marches of the Kingdom of Christ, & concerning the just extent of the privileges of his crown; & if they be mistaken, it is in this they are mistaken: They desire not to rob the civil Mag. of his due; but when they apprehend that there is an in croachment made by him upon the privileges of Christ, as King & head of his Church, no tender Christian will blame them for standing upon their ground; & to be willing for the interest of their Lord & master to lose their liberties, yea & their lives too But. 2. It is sufficiently manifested already that neither these inferences nor their fears, were groundless, so that it were superfluous to add any more here for cleareing of the same. Obj. 11. But the Parliament or Council would give liberty to people to explain themselves, & to express what their meaning of the oath was, & in what sense they would take it: Why was not this favour accepted? might they not have taken it in their own sense, seeing no doubt, that would have been a saife sense? Ans. 1. Some indeed report that this favour & courtesy was conferred on them in private, and therefore they had no scruple to take the oath: but all had not this in their offer. 2. Others as wise & judicious, would have looked upon▪ such an offer as no savour or courtesy at all, & indeed it deserveth not the name of a favour, to give liberty to any to mock God, others, & themselves; Such a liberty could be nothing else but a snare to the conscience: For, by words, to put a gloss upon a written or printed oath, which in strike construction it will not bear, & then swear it & subscribe to it, is to mock the most high who will not be mocked. To subscribe an oath in terminis as it is offered, & set down in write or print, after it is mentally or verbally glossed, is to stumble the truly godly, & to harden the wicked in the age present; & to mock posterity, who shall see the oath in terminis subscribed, but neither see nor hear of the gloss, which as a salvo was cast in; yea & it is to deceive themselves by intangleing themselves into the bond of a sinful oath, with fair speeches & plausible apprehensions, or rather dreams. But. 3. Why would they not suffer such as they required to take the oath, to set down their sense in plain terms before their subscription? And why would they not rest satisfied with that which the Six or Seven forementioned ministers did? Sure, if it had been tendered upon any other account then as a snare to the conscience, this would have been granted; but it is true, the taking of the oath after that manner, would not have served their purpose so well as now it will, when subscribed as set down in terminis: li●…ra scripta manet, & dolus versatur in generalibus. 4. Who ever would have fuller satisfaction to this objection let him consult Doctor Sanders. de jur. prom. oblige. prael: 6. §. 10. whose words shall be here translated & set down atlength because so full & satisfactory dico (sayeth he speaking to the same case) etc. i e. I say that it may be suspected, that there is some deceit ●…rking & therefore every pious & prudent man should refuse such an oath offered under such terms. 1. Because in the oath itself, truth is required; but a proposition having an indefinite and ambiguous sense, before there be a distinction used for clearing, is no true proposition, yea it is not a proposition at all; for a proposition, (as children know by its d●…ition) should signify either truth or falsehood without ambiguity. 2. Because of him who tendereth the oath, for the proper end of an oath, is that he in whose favours it is taken should have some certainty of that whereof he doubted before, but there can no certanty be had, out of words which have no certain sense. 3. Because of him who sweareth who if he take such an oath on these terms, either stumbleth his neighbour or else spreadeth a net for his own feet; For to what else should such collusion tend then either that by our example others (though against their conscience) may be induced to take it, & this is to lay a stumbling block before them; or that afterward by virtue of that oath some thing may be required of us which is either unlawful or hurtful & this is to lay a snare for ourselves. Therefore let every prudent man beware of suffering himself to be deceived by these wiles & of thinking so much either of the favour or of the ●…ll will of any other as to swallow the bate under which he is sure there is a hook. It is expedient that in the matter of oaths all things be done aright, & that the sense be clear to all, & that is jurare liquido 〈◊〉 swear with a clear conscience. Sic tamen & liquido juratus dicereposses. When in thy conscience thou art clear. Then may'st thou without scruple swear. Obj. 12. Though the Parliament upon grounds of state policy should not think fit to alter the words of the oath, which have been condescended upon by former Parliaments, & see down in their Acts; But keep the same in termin●…s lest giving way to alter upon the desire of one, they should alter & change it in insin●…um, according to men's several fancies & desires: Yet to hazard upon suffering upon such an account cannot be commended. Ans. 1. Every sin even the least must be shuned upon any hazard; Yea all are commanded to abstean from every appearance of evil. It may be suffering for righteousness sake, in the eyes of God, which men may account suffering for needless serupulosity. If they had been of the same judgement with such divines (called so at least) who now a days publish to the World, their new found out principles, whereby all oaths may be loosed, or broken rather as rotten ropes; They might have taken & digested a cartfull of oaths (to use the expression, which some who now have renunced that oath & Covenant which once they swore, did utter, when minded of their former oaths) & never once enquired whether lawful or unlawful (& to say this on the buy it is no small matter of admiration to think what security, such can expect from others by oaths who themselves profess & publish the Art of losing all the bonds of oaths; but it would appear that, this is not the thing designed, but rather this that seeing they know such as they have to deal with are men of conscience, they would have them either ensnared, in the same guilt, & drawn unto the same excess of wickedness & Atheism with themselves, or else exposed to their fury & cruelty) but they love not such principles of profanity & Atheism, but rather desire to fear an oath knowing that God is jealous, & will not hold such guiltless as take his name in vain. 2. If this be the oath of allegiance, it is very far changed from what it was, as was shown above Sect. 12. & it is not fair to change it so as to make it worse. 3. In the matter of oaths, reason & religion would require, that the meanest who are concerned in it, should be condescended unto: Rulers should follow the laudable example of Abraham, who did condescend unto his servant in the matter of an oath, which he was tendering unto ●…im: It is consonant both to reason & Religion, that oaths, before they be imposed; Be examined again & again, and so worded, as none, no not the meanest, who is endued with understanding in those matters, may have the least real ground of scruple. And as to this oath, they are not a few conceity & self willed persons, who scruple at it, but if Impartial search be made, it will be found that the most understanding, faithful conscientious & Zealous in the land, both Ministers & others, do stumble at it, & that not upon imaginations & fears, but upon real & evident grounds. Now, no doubt, understanding Christians, will easily grant, that in such a business the●…stumbling of so many, so able, eminent, & gracious, is not to be despised: And none will deny this but such as would plead for a lawless liberty to Magistrates, to tyrannize over the souls & consciences of people, which were a more dreadful tyranny then any exercised by the cruelest Nero or Caligula that ever was. But. 4. If they would not alter or change the words of the oath, might they not have published such a sense of the oath as none might have scrupled at, there are several acts of Parliament explicatory of former acts, & why might not this have been explained by a new act? 5. What these grounds of state policy are why they would neither help the oath & word it other ways, nor yet give a sound gloss thereof, & make it as public as the oath itself, is not very needful to inquire; yet there are some so obvious & conspicuous that he who runneth may read them, viz. That if the oath had been conceived in plain, clear & saife terms, or so interpreted as that no scruple had been left in the minds of tender Christians, it had not proved such an engine to wa●…pe out of the land under the notion of dis●…yall people, such as feared an oath & durst not comply with foresworn prelates, or their ways. SECTION XV. Concerning the hearing of such as are now thrust in upon the people in the Room of those who are put away. WHen by these ways forementioned a great number, even the third part of the Ministry of Scotland, was put from preaching the Gospel, & banished from their own, parish Churches: There were a number of naughty base men who had denied the faith which once they professed; & renunced that covenant which they had sworn with hands lifted up to the most heigh God; Men for the most part of flagitious lives, corrupt both in their principles, & in their conversation, unfit to have the privilege of Church members, in any well governed Church, let be to be officers in the house of God: And men who will willingly comply with any course which Satan & his instruments can set on foot, thrust in upon the people, sore against their wills, having presentations from patrons, & collations from the prelates, & no more, for a call. And there are others, alas too too many, who being in the Ministry before, have basely betrayed their trust, & complied with those abjured prelates, & gone contrary to that covenant which both themselves did swear, with hands lifted up to the most high, & which they caused all within their several congregations to swear, in a most solemn manner, as hath been shown above: And now did the trial come near to the doors of the poor people for there was an Act of Parliament, I●…l 10. 1663. Enjoying the people to attend all the ordinary meetings for divine worship under these pains & penalties, viz. each nobleman, gentleman & heritour the loss of a fourth part of each years, rend, in which they shall be accused & convicted: And every yeoman, tennent & farmer the loss of such a proportion of their free moveables (after payment of their rents due to their Master & landlord) 〈◊〉 ●…is maj. Council shall think fit, Not exceeding a fourth part thereof. And Every burges to lose the liberty of merchandizeing, tradeing, and all other privileges within brugh— & the fourth part of their moveables— and such other corporal punishments, as the Council shall think sit. And yet notwithstanding of this act, faithful & honest Christians were constrained in conscience, to withdraw; & could not yield obedience unto this act; but resolved rather to suffer affliction, what ever it might be, than countenance such as had intruded themselves without a call, & had made such defection from the truth & cause of God; & for this cause many have suffered, & many are put to suffer daily, whom no tender hearted Christian will or can condemn, if these few particulars be considered. 1. To yield obedience unto this act enjoining them to hear such men always & to attend all the ordinary meetings for worship, & so to countenance them as lawful pastors, were to comply with the sinful defection of the time, as appeareth from these two particulars. 1. It were a countenanceing of these men who have broken covenant, & overturned the whole work of reformation, & an approving of them in the same; for themselves look on all such as obey that act, as their friends, & the act itself sayeth that a cheerful concurrence, countenance & assistence given to such Ministers, & attending all the ordinary meetings for divine worship, is an evidence of a due acknowledgement of, & hearty compliance with, his Maj. Government ecclesiaesticall & civil, as now established by law within this Kingdom, for in order to this last, the act sayeth that this Maj. doth expect the former; And experience proveth much of this to be true, viz. that such as do countenance them after this manner do indeed approve of them, & by the contrary they look on others, as disaffected persons, so that obedience to the Act is the very badge of compliance; And therefore upon that account cannot in conscience be yielded; for in such a case many things which otherwise might be lawful or indifferent cannot be lawfully done, as being most inexpedient, & what is not expedient, in so far as not expedient, is unlawful, & un●…defying; & therefore must not be done, as Pau●… sayeth, 1 Cor. 10: v. 23. 2. It were some way also the acknowledging of the power & authority of Prelates: And so contrary to the league & Covenant, & the reason is, because, these men come forth, from the Prelate having no other call or warrant, but what the Prelate giveth: And so a receiving of them is a receiving of the Prelate, as a refus●…ing to own them, will be accounted a slighting of the Prelate & his power. These things will be clearer, if two things be considered 1. That now there is no door opened for getting any wrongs redressed, & corruptions in the ministry, which creep in & abound, removed; There is no access for grieved persons to present their grievances; Corruption & defection is carried on with such a heigh hand, that there is no liberty once to speak or object against such & such corruptious; Yea all these corruptions are approved: So that all possibility of getting any redress made, is away: And in such a case as this, when private persons have not access to propound their objections, against such or such a man's exerceing the ministerial function, or no hopes of getting a hearing; But by the contrary such persons as they would objecte against, would be the better liked; And these things, which they might objecte as heinous crimes, would be accounted virtues & matter of greater commendation; what can they do else, but withdraw & not countenance such vicious & naughty persons, nor do any thing which may import, a consenting unto, or an approving of these grievous wrongs & enormities▪ Especially considering. 2. How there is now no other way left for persons to exoner their consciences before God & the world, & to declare their Nonconformity unto this wicked & corrupt course of defection: All other doors are barred by law, so that now they must either give testimony against this course of defection this way by refuseing to give obedience unto this Act, & to countenance these men (whose chief qualification is perjury) as Ministers of the gospel; or else they must be accounted consenters: For how else shall their dissatisfaction be known. There is no patent door now, for any legal exoneration of their consciences by remonstrances, & protestations, the Parliament having declared such Actions to be treasonable: Yea there is not so much as liberty granted for petitioning or supplicating against any such abuse: And of necessity, they must some way or other give public testimony against these courses (for they must not partake of other men's sins) as are carried on, contrary to the word of God, to the Covenant, & to their former resolutions: And there is no other way so harmless & Innocent as this, though suffering should follow thereupon. 2. By giving obedience unto this Act, they should be in hazard, not only of falling away unto a detestable neutrality & indifferency in the matters of God; but ere long, they should be in hazard to fall away in heart & affection, from the cause of Christ, & from the work of reformation sworn unto, and owned so much; for there is no other way now apparent, whereby the difference shall be keeped up, betwixt such as honestly mind the covenanted work of reformation: & the corrupt prelatical, & malignant party, but this of refuseing to give obedience unto this Act. So that, as it is already too too apparent that some who had no scruple to hear these men, and withal thought to abide constant to the cause of God, were ere long found to be deceived; for piece & piece the edge of their Zeal was blunted, & their affection to the work of God cooled, & they at length were brought to condemn it: So dangerous a thing is it to suffer the standing difference to wear out of sight: So that let a Man once begin to countenance those men, as lawfully called & authorized Ministers, & by this means, keep up no standing difference, he shall, ere he be aware, slide into their camp, & side with them in all things: Therefore it is best to keep up this distance & standing difference by with drawing. 3. By giving obedience unto this Act, they should quite undo & betray their posterity: For though now the honest party be not in a capacity, to transmit the work of reformation unto their posterity, in such a manner as were to be wished, it being now defaced & overturned, by this course of defection, which is so violently carried on; yet they may, & should do something for keeping fresh the memory of the good old cause, that it be not bury●…d quite in oblivion, & this must be, by keeping up some footsteps of a standing controversy, for Zions' interest, & the work of God against the common enemies thereof, the prelatical & malignant faction: But now take this weak & inconsiderable appearing in the fields against these corruptions, away, what appearance of a standing controversy shall posterity see? Shall not they conclude that the day is lost, and the cause gone when they see that this generation hath fled the field or rather sold & betrayed the cause, by owneing, countenancing & complying with the enemy, & that there is no standing testimony against corruptions, or nothing seen in the practices or carriage of their fathers, that may in the least signify their dissatisfaction with these courses. Where as if there were but this much of a standing difference, betwixt the people of God, & the common enemies of Zion, to be seen, posterity would in some measure, be keeped from being deceived, & would see the interest of Christ not killed, nor buried quick; but living though in a bleeding condition: & this would occasion their engaging for Christ & interessing themselves in the quarrel: And it is far better to see the cause of Christ owned, though by suffering & blood, then sold & betrayed by base flenching & complyin gwith persecuters. 4. There is not a more ready way to harden & encourage the enemy in their wicked & malicious way of opposing the work of God, then thus to countenance them in obedience to this act. This is a way to strengthen their hands in their wicked courses; for then, they encourage themselves in evil when they see how they are countenanced by all, & that there is no disrespect put upon them, nor dissatisfaction evidenced against their courses, than they conclude that they are approved of all, & this hardeneth them, so that they never once think of the evil of their ways: Whereas were they disowned, notwithstanding of the act, it would cool their courage, & possibly occasion some reflecting thoughts upon their courses, sometime or other; And who knoweth what might follow? It is more than probable that the people of God, are not freed from seeking the conviction, repentance, & ●…dfiication, even of these their malicious enemies: And it is certain they may not encourage them in their evil ways, nor do any thing which may really tend to harden them in their wicked courses. And therefore if obedience to this act will in all probability have this effect, it ought to be forborn. 5. By giving obedience unto this act, they should stumble the truly tender in conscience, by encourageing them to do contrary to their light & conscience, after their example; when they are not clear to hear them, they are emboldened or stirred up▪ thereunto, when they see others doing so, & thus they are ready to halt in the ways of the Lord, & this is a grievous sin, to seek to destroy those for whom Christ died. But it will be objected. That hearing the word, is duty, & so, if any stumble thereat, it will be but a scandal taken, & not given. Ans. The question is not whether it be a duty to hear the word or not, but whether it be a duty to hear the word out of such men's mouths, & that in obedience to the act; or so as the act doth enjoin, & if this be not a necessary duty, the objection falleth to the ground, for it is not at hearing of the word, that men do stumble, but at hearing of such men preach who are not lawfully called. This solution will be cleared by considering what is the Apostle's answer in matters of meat & drink, Rom. 14: & 1. Cor. 8: & 10. He would have them forbeareing such or such meat, at such or such a time, when there were hazard of stumbling thereat, & for his part he resolved never to eat flesh rather than by eating thereof he should stumble any weak Christian, & yet it is an indispensable duty to eat meat, there is a command for it, & the command doth always oblige though not ad semper to all times. So than though it be a commanded & necessary duty, to eat meat; yet it is no necessary & indispensable duty, to eat such or such a sort of meat, as fish or flesh, nor is it necessary to eat always at such or such a time, but both may be forborn for the scandal & offeńce of the weak: So the parallel will run clearly, it is a duty to hear the Gospel preached; but it is not a necessary & indispensable duty to hear such or such a man always; & so in this case, scandal may have place, as well as in the case of meats; & Paul's arguments are of force here. And therefore Christians should be tender of those for whom Christ died, & be loath to occasion their stumbling, by doing that which is not a necessary & indispensable duty, as it is circumstantiated. 6. By yielding obedience unto this act they should cast themselves into snares & temptations, & that because many of those intruders, if not all of them, do teach false doctrine, tending to seduce the hearers, crying up the lawfulness of prelacy, & venting bitter invectives against presbyterian government, inveighing against the covenant, & so teaching & encouraging people to follow them, in open perjury, & condemning the work of reformation, as being nothing else but treason & sedition, which were blasphemy: Beside some points of Arminianism & Popery, which some of them are venting, now & then. Seeing then there is such false Doctrine held forth, & taught with such boldness, & impudency, can it be lawful for simple people to attend such, when their souls are in such hazard to be seduced thereby, & when the Spirit of God sayeth cease to hear the instruction that causeth to err from the words of knowledge? Prov. 19: 27. Beware of false Prophets) is a command that is of force now, as well as of old, john in his second Epistle v. 10: 11. sayeth that if there come any unto you & bring not this Doctrine, receive him not unto your house neither bid him God speed, for he that biddeth him God speed is partaker of his evil●… it is sure than john would never advise people to go constantly or ordinarily to hear such deceivers who bring not with them the Doctrine of Christ. He who would not have the less done would never consent unto the more. Paul writing to the Romans Chap. 16: v, 17, 18. sayeth. Now I beseach you brethren Mark them which cause divisions & offences contrary to the Doctrine which ye have learned & avoid them, for they that are such serve not our Lord jesus Christ, but their own belly & by good words & fair speeches deceive the hearts of the simple. Here is a clear warrant for avoiding (& that will at least include a refuseing obedience to this Act) such as teach things contrary to the Doctrine which hath been already received, & Learned out of the word, & do thereby cause divisions & offences & have nothing before their eyes but their own belly, & not the glory of Christ. And how well this agreeth unto those men now spoken of, any who know them may judge. And therefore seeing it is their design & intended work to deceive the hearts of the simple, by their bold & confident assertions, & to cause them believe things contrary to the Doctrine which they have already learned & received, it must be a necessary duty for poor simple people to avoid such. So the Apostle writing to Titus cap. 1: 14. forbiddeth to give head to jewish fables & commandments of men that turn from the truth, & who are these who teach such things? See v. 10, 11. unruly, vain talkers, & deceivers, teaching things which they ought not, for filthy lucre's sake. It cannot then be lawful to obey this act. So writing to the Philippians cham 3: 2. He sayeth beware of dogs, beware of evil workers beware of the concision by whom the false teachers of these times are to be understood. Now he commandeth to beware of those, that is, eat them, forbear to hear them, follow them not: And again v. 17: 18, 19 he sayeth Brethren be followers together of me, & Mark them which walk so as ye have us for ensample, for many walk of whom I have told you oftin, & now tell you even weeping, that they are enemies to the cross of Christ, whose end is destruction, whose God is their belly, who mind earthly things. So he would have them following such as taught as he did, & walked as he walked, & not such as were enemies to the cross of Christ: And certanely when Paul would have the Ephesians cap. 4: 14. No more carried about with every wind of Doctrine, by slight of men & cunning craftiness, whereby they lie in wait to deceive he would not have them following or attending the Ministry of such, concerning whom the question is. So when he willeth the collossians cap. 2, v. 8. to beware least any man spoil them through Philosophy, and vain deceit, after the tradition of men after the rudiments of the world, and not after Christ, he would not have people give obedience unto this Act, & to attend the Ministry of such who teach false Doctrine, By slight & cunning craftinese, whereby they lie in wait to deceive & seek to spoil people of the truth by their Philosophy (such as it is) & vain deceit after the traditions of men & not after Christ & seek to beguile with enticeing words. So in his first Epistle to Timothy cap. 4. v. 1, 2. He sayeth that in the later times some shall depaire from the faith, giving head to seduceing spirits, speaking lies in Hypocrisy having their consciences feared with a hot iron. It must then be hazardous & most dangerous to give head to such seduceing spirits, as speak lies, & have their consciences seared with an hot iron, as being the cause of departing stom the faith; so that such as will guaird against departing from the faith would take heed whom they hear. So in his second Epistle to Timothy cap. 3, v. 5. he speaketh of some whom he would have all honest people turn away from, & these he describeth first from their corrupt conversation, v. 2: 3, 4, 5. thus men shall be lovers of their own selves, covetous boasters, proud, blasphemers, disobedient to parents, unthankful, unholy, without natural affection, false accusers, incontinent, fierce, despisers of these that are good, traitors, heigh minded, heady, lovers of pleasures more than lovers of God much time needs not be spent in showing how fitly all these agree unto the persons now spoken of, such as know them can best judge. But than secondly he describeth them from their Doctrine, v, 6, 8, 13. They creep into houses and lead captive silly women; us Ia●…es and I●…mbres withstood Moses, so do these also resist the truth, men of corrupt minds, reprobat concerning the faith, evil men and seducers all which? particulars without contradiction, agree to these now spoken of: And therefore the Apostle's command standeth in force from such turn away. By all these passages, It is clear that the Ministry of false & corrupt teachers should not be attended. 7. If it were lawful to hear these in obedience to this Act, it would be also lawful, upon an Act, to attend the Ministry of Anabaptists, Antinomians, Socinians, Arminians, or jesuits: And if it would not be lawful to do this, no more can it be lawful to attend the Ministry of these in question, who seek to pervert the right ways of the Lord, & labour to subvert the simple people, & to turn them away from the truth. 8. Such as their Doctrine is such are the prayers, not only stuffed with error, but larded with blasphemy, as might easily be shown, were it fit here to mention what their expressions are: As their Doctrine tendeth to reproach the work of reformation & the power of godliness, so do their public prayers, as such as hear them can show, They pray for a blessing on the prelates, under the name of Reverend, & right Reverend fathers, & on their ways & courses (which God will curse & blast) not to mention their unsound & parasitick expressions concerning the King's supremacy calling him head of the Church etc. Now seeing tender consciences can not join with them in those prayers, how can they attend their Ministry? Are not all present bound to join in prayer with them who should be the mouth of all the congregation unto God & pray with them? & when out of the corruption of their heart they ordinarily utter expressions savouring of blasphemy & error; can godly tender consciences go alongs with them,? And seeing they cannot, how can they be bound to attend their Ministry? There are snares in Prayer no less then in preaching. Yea particular persons concur more with the minister in prayer then in preaching; & there fore they may more saiflie hear error preached then join in an erroneous prayer, for in the one they are purely passive, But in the other they are some way active: & therefore unquestionably there is sin in constant attending the Ministry of such, with whom if they concur in prayer, they must sin. 9 Yielding obedience unto this Act were upon the matter a consenting unto the great encroachment made upon the privileges of the Church. The Church hath this power & privilege from the Lord, to make choice of her own officers, as the frequent examples thereof in the days of the Apostles do clear, & this would be the greater sin now after the Lord hath graciously delivered that Church from that yoke, & put her in possession of her power & privileges; after that the power of patrons, which was a piece of cruel bondage & oppression unto the Church, is removed to consent again unto wreething of that yoke about her neck, were no small transgression: And it is clear that the attending of the Ministry of such, must be an accepting of them as Ministers lawfully called notwithstanding that they want the election of the people, & have nothing for their warrant, but a presentation from the patron: And so this would be nothing else upon the matter but a consenting unto this encroachment; And a joining with such as wrong & spoil the Church: To say that people in that case should protest against these encroachments, & so exonere themselves, were to put them, to run their heads against a wall: & next their refuseing thus to obey the act, is, upon the matter a protestation, & if after their protestation they were bound to hear them & attend their Ministry, they should undo their own protestation, by their after carriage; for by their protestation they declare, that they cannot look upon them as Ministers having a lawful call, according to the laws of Christ, & by their after carriage, in constant attending of their Ministry, they should declare to all, that they own them as lawfully called Ministers; And thus their practice should belie their protestation. Nor will it be of any force to say that their forefathers did submit unto the Ministry of such as had no other call but the patron's presentation: For there is a vast difference to be put butwixt a time wherein the Church is advancing in a course of reformation; & a time wherein she is declineing & slideing back from that degree of reformation unto which she had already attained: In a time wherein the Church is but coming out of darkness, & the day is but beginning to break up, many things may then be comported with & tolerated, which may not be submitted unto, after the Church hath gotten all these abuses reform. Every believer, & every Church is bound to stand fast in that which they have attained unto, & not to cede in a hoof: So that Christians living in a time wherein the Church is but beginning to wrestle up, from under the heap of error & corruption, may be allowed to do many things, which must not be done, when the noontide of the day is come. In the time of the reformation begun by Luther & others, many things might have been comported with in the Church, (reformation being a gradual motion that hath but small beginnings & riseing) which now since the reformation hath been carried on, through the blessing of God, to that degree it was advanced to, cannot be allowed: When God hath wonderfully by his mighty power & out-streached arm, brought a Church to a great length in reformation, it will be the duty of that Church & of the members thereof to adhere to that degree unto which they have attained, with all perseverence. It will be lawful for the Church which is but coming up the hill to stand at such a step until they gain another; when yet it will not be lawful for the same Church, to go backward after they have advanced. The truth once bought should never be sold: so than the consequence is null, Their forefathers stumbled not, nor did scruple, at the doing of such or such things. therefore these in this generation, who have advanced, through the blessing of God, unto a further degree of reformation, should not scruple either: It is a poor consequence to say, The posterity may return backward, because their fore saith. Is could not advance further: Much more may be seen when the sun is up then in the twilight. Therefore the scrupleing of honest people now, doth no way condemn their forefathers: But on the contrary, the steadfastness of their forefathers, in standing to the degree, to which they had reached, & their endeavouring to advance, will condemn this generation for backsliding. In their days those abuses & corruptions were not remedied, the Church was not then freed of that yoke of oppression. And further their after consent unto such Ministers made up this defect; But those in this generation are not at liberty to give or grant their after consent, because they are engaged to stand to the work of reformation, & to own it in all its parts, whereof this is one, vis. the putting away of the usurpation of patrons, & the putting the Church in possession of her own privileges, & this they must own upon any hazard, if they would not betray their trust. The right way of Election was not settled by law in their forefather's days, & so they were groaning under that oppression, & constrained to make the best of that ill bargan they could: But it were utterly intolerable for those in this generation to consent unto the wreething of that yoke, which hath been once loosed from their Laws, about their necks again. Nor will it be of any force to say, within few ages, yea or years, such a thing as this will never be scrupled at: for if defection be carried on, with as great vehemency, as it hath been these few years by past, it is like, gross popery shall not be scrupled at ere long, except by such as now do scruple to countenance these intruders. And what ever the following posterity may be allowed to do, to prevent worse, it will plead nothing for these in his generation; because it is their part to stand in the gap & leave their dead bodies there, rather than give way unto any degree of defection, which may cause posterity to curse them. More is expected of a standing army, then of straggling soldiers; these may make some shift after the army is broken, to get as good quarters, as they may, when it were baseness & utterly unlawful for any to do so; while the army is unbroken. Small things should be stood at, in the time of the beginning of an apostasy: when the waters of corruption are beginning to break in, the least hole should be stopped, & watched over. 10. By giving obedience unto this act, they should, upon the matter, justify & approve of, & consent unto the violent & cruel thrusting out of these whom God had settled in those places, & whose labours he had blessed, & thus they should consent unto this terrible act for persecution of the godly & faithful Ministers of the Lord: And therefore they could not do it in conscience. The antecedent is cleared thus. Because to embrace & encourage such, were to approve of the ground, upon which they enter, & that is, their compliance with the sinful defection, & their submission & obedience unto the sinful injunctions of the time: And what were that else, but a condemning of the honest Ministers who could not in conscience so comply, nor submit, & an approving of the sad sentence gone out against them. He who willingly submitteth unto an usurper, & accepteth of him as a lawful superior, by yielding all active obedience, doth thereby declare that the right of the usurper, is good, & better than his right who is outed by the usurper, or he doth what in him lieth to make it so. 11. It may be questioned, as to some of them, whether they be Ministers at all or not; for as they have not the qualifications required by the Apostle, neither as to life, nor abilities, being scandalous in their life & conversation, to the view of all onlookers; & as to doctrine, being either corrupt, or utterly insufficient, having none of the qualifications requisite: So nor have they any thing like a solemn ordination, or setting apart for that office, having no imposition of hands of the Presbytery, with fasting & prayer, according to the order of the Gospel; but the sole warrant & mission of the prelate: & therefore it cannot be lawful to countenance such, & to look upon them as lawful Ministers. It is true, private Christians may not set themselves up into the chair, & judge of the enduements & qualifications of Ministers & what nulleth their office & what not; yet every private Christian, hath the use of the judgement of discretion, and that way may judge whether such an one, appear qualified according to the rule of the word, or not. It is certain there may be times wherein such men may be set up into that office as have few or none of all those qualifications required in the word: Such corruption may overgrow the Church, (as by past experience hath abundantly evinced in the times of popery) as that the most unfit men imaginable shall be installed in the office of the Ministry: Yea & now likewise some such might be instanced, if it were fit. Now albeit it be hard for private persons to take upon them to unminister such as are Coram homi●…ibus (though not Coram Deo, in God's account wanting these qualifications which his word requireth) installed in the office; yet when the standing, clear, & undeniable laws are rejected, & such put in place, who would not once be evened thereunto if the qualifications which the word requireth, were once eyed, They cannot be condemned for withdrawing from such, & for refuseing to attend their Ministry, or to countenance & encourage them, as lawful Ministers of Christ ought to be countenanced & encouraged. It is likewise certain that private Christians may know whether such an one be ordained according to the primitive order, or only hath the prelates hands laid on him, or no imposition of hands at all, & accordingly may carry themselves towards such. 12. It is certain there is much corruption in the way of their entry, if not a whole mass of corruption, all circumstances being considered: And so the yielding obedience unto this Act, now when these corruptions are well known, should be an approving of these corruptions, whereas they should partake of no man's sin, but keep themselves pure, & bear testimony against these corruptions so far as they can; & there is no other way for them now to do it, but by refuseing to yield obedience unto this Act: There is no access for complaints, & such as would but petition, should in so far accuse themselves. 13. To yield obedience to this Act, & attend the ministry of such, when there are others to be heard, either in public or private, were to wrong their own souls to mar & hinder their own edification & spiritual prositeing, by running to cisterns without water: what blessing can be expected upon the preaching of such, as have palpably perjured themselves, in owneing the prelates; as have made defection from the truth, and are prosecuteing a course of defection, & making themselves captains to lead the people back into Egypt: as stuff their preachings with railing, against the work of God & power of godliness: as encourage profanity & wickedness & are themselves patterns of all profanity & debaucheries? can it be expected that God will bless such, as are thus qualified for the Service of Satan, & are driveing on his design? Can it be expected that God will countenance such as run unsent, & are thiefs climbing up at the windows, & are not entering in by the door, who feed themselves, & not the flock, who strengthen not the diseased nor heal that which was sick, nor bind up that which was broken, nor bring again that which is driven away, nor seek that which is lost: But with force & cruelty rule over them? Will God bless such, whom, he solemnly protesteth by his oath, that he is against? Ezek. 34: 10. And seeing a blessing cannot be expected upon their labours but rather a curse, as daily experience maketh good, when it is seen that even such as had something like parts before, are now totally blasted of God; their right eye almost already put out, and their right arm dried up: how can any think of attending their ministry: When in stead of any work of conversion or conviction among people, there is nothing seen, but a fearful hardening in profanity, so that such as seemed to have something like Religion before, now through hearing of them ordinarily, are turned altogether loose & profane, Is there not a seen curse upon them & their labours? Who then can adventure to obey this Act? Hath it not been seen how signally God hath testified his displeasure against some who for fear or some what else, over the belly of their light, would obey the Act; & upon the other hand how he hath signally approved such who have resolved to suffer rather than sin upon that account? Instances of both might be given were it pertinent: Shall it then be saife for any to seek the law at their mouth, seeing it is so much to be questioned if they be the messengers of the Lord of hosts; & so clear, that they are departed out of the way and have caused many to stumble at the law & have corrupted the Covenant of Levi, & are now made so contemptible & base before all the people? Yea where there is no such hazard of being misled, it is lawful for people to go & hear such Ministers as they posite most by; as worthy doct Voetius cleareth pol. Eccles. pag. 72. from these grounds. 1. People should choose the best & most edifying gifts. 2. Scripture favoureth this choosing Luk. 8: 18. 1 Thes. 5: 21. And he further there answereth three or four objections: much more will it be lawful for people to hear other Ministers in the case now under consideration. 14. Christ alloweth his people & followers to refuse to hear such unsent & false teachers, as it is enjoined in the Act. Ioh: 10. where he giveth it as a mark & character of one of his sheep, that he will not follow a stranger but flee from him, for his people know not the voice of a stranger. v. 5, & wh●… this stranger is, the former verses show, where he is called a Thief & A robber v. 〈◊〉. And that because he entereth not in by the door, but climbeth up some other way, & wanteth these qualifications of a good shepherd mentioned. v. 3, 4. And therefore it cannot be sinful or unlawful to refuse obedience unto that Act seeing such as are now commanded by the Act to be heard, are, as to their entry, intruders, & in their doctrine erroneous, & as to the discharge of their trust, mere hirelings & therefore must not be harkened unto, but fled from. Calvin on the place sayeth this is the spirit of discretion, by which his chosen ones do discern the truth from men's fictions— and their obedience herein is commended not only in that they pleasantly meet together, when they hear the voice of a true shepherd but also in that they will not hearken unto the voice of a stranger. It is one of Mr Hutcheson's notes upon the place that The true sheep, are so far enabled to discern false teachers & corrupt doctrine, as they do approve of neither▪ but will flee from them, that they be not infected nor ensnared with their allurements; For a stranger they will not follow when he calls them to follow him in a wrong way but will flee from him, (as one they will have nothing to do with all) & that because they know not the voice of strangers, that is, they do not approve them, though th●…y have a knowledge of discerning, whereby they know them, & their Doctrine to be naught. This is asserted of Christ's sheep, not because they cannot at all err, nor yet only because it it their duty thus to do (for that is common to them with reproba●…s) but because, when any do either embrace false Doctrine, or fall in liking with corrupt men, who run unsent, It is no sign of their grace, but of their corruption so to do. It will be objected. 1. That Christ commandeth to hear the scribes & the Pharisees who did sit in Moses his chair Mat. 23. And these of whom now the question is, are not worse than the Scribes & Pharisees were. And therefore it cannot be lawful to refuse obedience unto this Act. Ans. For solution of this objection, which seemeth to be the main one. These things would be considered. 1. That these scribes & Pharisees were as naughty men as then lived upon the face of the earth, & were still enemies unto Christ, & were false teachers, their Doctrine was leav●…ned with sour & dangerous tenants among which this was a chief. That Christ was not the Messias & upon this account Christ desireth his disciples to beware of the leaven of the Pharisees Mat. 16: 6. 2. They were men that had no lawful call unto that place which they did assume to themselves which appeareth from these particulars. I. Christ calleth them thiefs & Robbers & strangers john. 10: 1, 5, 8. & that not▪ merely because of their false Doctrine, nor yet merely because of their carnal way of entry, as hirelings seeking gain; but also because of their usurping the place, & office, & entering thereinto without a call from God; for the ground & reason why Christ calleth & proveth them to be thiefs & robbers is because they entered not by the door but climbed up some other way, & the porter did not open unto them, v. 3. & they came before him, that is, without his warrant & commission: They took not the right way of entry, they came not in at the right door, & with God's approbation. 2. Mat. 15: 13. Christ calleth them plants which his heavenly father had never planted & there he is speaking of themselves (& not of their Doctrine only) who offended at Christ's Doctrine & it was them (& not their Doctrine alone) that Christ would have his disciples letting alone let them alone (says he) For they be blind leaders of the blind & this will suit the scope very well; for his disciples had laid some weight on this that they were men in office & therefore the stumbling & offendi●…g of them seemed to be some great business. But Christ replieth That albeit they had been planted or had planted themselves in that office & charge; Yet they were such plants as his heavenly father had never planted, & therefore they were the less to be regairded. Gualther on the place sayeth that it is clear out of history, that God did never institute the order of the soribes, which then was; Far less the Pharisees & sadduces; But they had their rise from that greek, Or heathenish school which Jason whom Selecus made high priest, did institute in jerusalem contrary to the law; and that the Pharisees did spring from the Stoics & the Sadduces from the Epicures? And citeth in the margin 1 Mach 1. and 2 Mach 4. So ibid. He giveth the sense of that word let them alone, discedite ab iis, go away from them 5. The place which they had assumed did properly & of right belong unto the Priests & Levits as Pareus hinteth on the place yet these because of their learning & pride thinking themselves only worthy to be in office, took upon them that place, without any further call; which is the more likely; considering. 4. That those times were times of confusion and disorder, so that (〈◊〉 Grotius observeth) there was no care had about this business, but every man who pleased was free to take upon him to instruct & teach the people & this is confirmed by that passage, Act. 13: 15. And after the reading of the law & the prophe●…, the rulers of the Synagogue sent unto them saying, ye men and brethren if ye have any word of exhortation for the people, say on. Consid. 3. That though the words, v. 2. Be rendered They sit in Moses sea●… they may be as well rendered [They have se●… themselves down in Moses seat] Pare●…s on the place doth fully clear this where he sayeth [In my judgement 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is better undered, with the ancint latin edition sederunt, they did 〈◊〉 〈◊〉 as now commonly sedent, they do sit f●…r that phrase of sitting in Moses seat Signifieth the office of teaching publicly the Doctrine & law of Moses: the verb in the aorist taketh not from them, but giveth unto them the present ordinary office of teaching, but withal it imperteth that this sect had by ●…ook & crook ●…surped this office & place which at the first was given by God unto the Priests & Levits. They have sitten, that is, they have set themselves down in that seat of Moses which they now possess for the verb 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 doth signify not only neutraly to sit but also Actively to cause to sit, to place in a seat, thus he. And Scapula indeed rendereth the verb Actively to cause or command to sit & citeth authors for it: so doth Pas●…r say, that properly it signifieth to place in a se●…, or to cause one sit. 4. There is no word of a command here given to his disciples (to whom with the multitude he is here speaking) to attend the ministry of the Scribes & Pharisees, for if he had commanded them to do so, it is like the disciples would have done so in obedience to Christ's command; but the scripture speaketh nothing of this: And then they should have left Christ & followed the Pharisees which is not very probable, & Christ himself would have taught them to do so, by his own example, for he came to fulfil all righteousness. But there is no word of this either. 5. By the contrare Christ is so far from commanding his dis●…ples & others to follow their Ministry, that he disswaddeth them there from, not only else where, calling them blind Leaders of the blind, & such as should be let alone & ●…ed from as impostors, Mat. 15: 13, 14. & saying, john. 10: 4, 5. that the sheep know the voice of a lawful shepherd, but not the voice of a stranger. Yea they will not follow a stranger but will ●…ee from him & this is meaned of the Pharisees as any may see who will look back to the end of the Chapt. 9 but also in this same Chapt throughout, showing at great length how naughty & perverse men they were, denunceing many a heavy woe & curse upon them, & at length he calleth them a generation of vipers & serpents who could not escape the damnation of hell, v. 33. all which is but small encouragement to his disciples & hearers to follow them, or attend their Ministry. And it is observable how fitly many of the particulars for which here Christ denunceth a woe unto these pharisees, do agree unto the persons concerning the hearing of whom, the question is▪ As. 1. They shut up the Kingdom of heaven against men & neither will go in themselves, nor suffer such as are entering, to go●… in. 2. They are at great pains to bring poor simple people over to their opinion, & make them proselyts, & when they are made such, they make them the Children of hell with themselves. 3. As the scribes & Pharisees taught poople shi●…s to evade the bonds of oaths telling them that it was nothing to swear by the altar, or by the temple: so do these excel in that art of teaching perjury; & looseing the knots of covenants & oaths, as is too well known. 4. They are much taken up with punctilios of formalities, & in causing people at tend all their nodes, & desires; But as for the weightier matters of the law, judgement mercy & faith they cast these behind their back. 5. They declare themselves the children of them who killed the prophets, & are fast filling up the measure of their fathers. But indeed. 6. They are behind the Pharisees in cleansing the out side of the cup & platter, & in appearing like whited tombs, for they have no show of piety, & therefore are so much the more to be shunned &, may certanely, unless they repent, expect all the woes that here are denunced upon the scribes & Pharisees. 6. It would be considered, for further confirmation of the last particular. That the main thing which Christ is pressing upon his hearers here, is that they would beware to follow the practices of these pharisees, for all that heigh place which they took upon themselves in the Church, & on the by, as it were, he speaketh anent their receiving of their true doctrine, by way of concession, or of their doing & observing, whatsoever they delivered as sitting in Moses' seat, whereof they were presently in possession, by their usurpation, & while there were no other ordinarily occupying that seat at that time. So that these things being considered it will appear, that this place maketh no way for the attending the Ministry of such men, there being no command here, to hear the Pharisees at all, let be to hear them always & constantly, only a command there is, to do & observe what they, from Moses law, bad do & observe, which may import a hearing of them expounding the law of Moses while there were no other ordinary teachers of the law: But if this place prove not (which it will never do) that the Ministry of these scribes was to be constantly attended, it will speak nothing against these who could not obey that act. It will be objected in the next place. That refuseing to give obedience to this act, will be separation from the Church & ordinances, which are not, nor yet can be corrupted by the corruption of administrators. Ans. For clearing of this, let these things be considered. 1. Corruptions in administrators are of two sorts: some personal, & these alone, it is true, cannot defile the ordinances in their hands, & make them no ordinances: others are, to speak so, Ministerial, or such as affect the office. And these again are either of smaller moment & less dangerous, or else such as cut the very throat of the office & make one no officer: & without all question those corruptions that destroy the office, in its essentials, & make the man no Minister, do corrupt the ordinances in his hands: he who is no minister cannot baptise, nor administrat the sacrament of the Lord's supper, nor preach with authority, as a Minister, & he can do no Ministerial act: & it is past questioning, that such may be shunned without all hazard of separation, & of this sort it may be, some of those now spoken of, are. 2. When personal faults are very gross, & palpable, open, & avowed such may be shunned without any hazard of separation, because that man's being an officer, c●…ram deo, is much to be questioned & there is great probability that ipso sac●…o, in the court of God, he hath forsaulted the same, though such should be the corruption in a Church, that notwithstand of all this, he may be maintained. But. 3. separation is one thing & not-hearing such or such a man is a far other thing; there may be many just grounds of exception against such or such a particular person why he should not be countenanced as a Minister, or why people may refuse to countenance him, without any hazard of separation or joining with separatists in their principles. Every not-hearing is not separation: a man may many a time, be absent from hearing, & yet cannot be justly charged with separation: Yea separation is one thing, & refuseing to attend the Ministry of such or such a man, is another thing. A man may never hear such or such a man preach; & yet be no separatist from the Church, wherein he liveth; for he may join with the ordinances in another congregation; & so testify that he hath no prejudice against the Ministry, not against the ordinances of Christ, nor against the Church; but only a prejudice against such or such a man in particular. 4. So then, so long as the refusers to obey that Act do not cast at the ordinances but are willing to run many miles to enjoy them though they should be inhumanely used, by the way, by soldiers, led forth of purpose For that end; Nor cast at the Church as no Church (though they sadly fear that God shall be provoked by this dreadful defection, which is carried on by these men & their favourers, to give her a bill of divorce) Nor at the ministry, for they love these who stand by their principles, dearly; & are most willing to hear them either in public or in private, what ever inconvenience or suffering may follow thereupon. 5. It is granted by all such as write against separatists, that separation from a Church is lawful, when the case so falleth out that union cannot be keeped up with her, with out sin, much more will a forbearing to haunt the ordinances in such a particular parish, & to attend the Ministry of such a particular person, be justified, as no sinful separation when the contrary cannot be done without si●…, & so it is in this case, as hath been shown above. Reverend & Famous Doct. Vo●…tius 〈◊〉. Eccles. Pag. 68 Quaest 17. Granteth that upon some such occasion one may ●…bstean from explicit communion with a particular Church; for these reasons. 1. Such communion is not absolutely Necessary necessita●… Medi●…, nor yet necessita●… praecept●…, when the Christian shall have more peace of conscience & free exercise of Christian du●… else where. 2. such persons may keep communion with other purer Churches, in other places. And Famous Mr Rutherford in his due right of presbyteries Pag. 253. & Pag. 254. Where he is laying down some considerations, about the degrees of separation, showeth us, That there is a separation negative, or a non union, as That in Augustin's time, when the faithful did separate from the Dona●…sts, which is lawful, & landable: now if there be a separation here, it can only be a negative separation, & not a positive separation. He showeth us again ibid. That there is a separation from the Church in the most & worst part, & a separation from the least & best part, & that these who separate from the worst & greatest part, do notwithstanding remain a part of, & a part in the visible Church, because they do not separate from the Church according to the least & best part thereof; as the godly in England who refused the popish cerem●…nies, & A●…tichristian Bishops. Hence it will follow that though now people should withdraw from communion with the greatest part of the Church which is now corrupted they cannot be accounted separatists; because they hold still communion with the better, though lesser part. Moreover he sayeth Pag. 254: 255. That there may be causes of non-union with a Church, which are not sufficient causes of a separation, as, before the jews came to blaspheme openly, (as they did Act 1●…: 44, 45, 46, & 18. 16.) there was no just cause why any should have joined to the Church of the jews, seeing there was a cleaner Church to which converts might join themselves Act 2: 40, 41, 42. And whether or not the reasons formerly laid down, will be a just cause of non union (which is all we plead for) let the reader judge. Lastly, he tells us ibid. Pag. 255. When the greatest part of a Church maketh defection from the truth, the lesser part remaineing sound, the greatest part is the Church of separatists▪ though the manyest & greatest part, in the Actual exercise of discipline be the Church; yet in the case of right discipline, the best though fewest, 〈◊〉 the Church For truth 〈◊〉 like life, that retireth from the manyes●… members unto the heart, & there remaineth in its fountain, in case of dangere. So that it is the Major part which hath made defection, that is to be accounted separatists, & not such as stand to their principles, though they cannot comply, of join with the corrupt majoriti. Hence it is abundantly clear, that such as refused to obey this Act cannot be accused as guilty of sinful separation. It will be objected thirdly. That by refuseing to obey that Act they declare they look not on these men as Ministers, & if they account them no Ministers, they must say that their baptizeing is no baptizeing: & also that the Church of Scotland now is no organical Church. And that such do well who refuse to bring their Children unto them to be baptised. Ans. 1. Though it were affirmed positively (as it is not) that all of these men were no Ministers; Yet it would not follow that the Church of Scotland were no organical Church; because all these ministers, who are now violently restrained from exerceing their Ministerial function, are Ministers & officers of the Church of Scotland though bound up from exerceing their office: for as no deed of a Magistrate can lose a Minister's relation, (so long as his life is in him) unto the Church universal; so no deed of the Magistrates can lose a Minister's relation to the national Church whereof he is a member, so long as he remaineth ●…vis regn●… & is not banished out of that Kingdom. Yea reverend Apoll●…nius in his jus Majestatis circa sacra. Par. 1. Pag. 331. thinketh that when a Minister is wrongously put from his charge, by a Magistrate, he remaineth still a Minister of that Church from which he is banished, jure divino; Because of his call; & hath a right to exerce all his Church power there; as a wife ravished from her husband remaineth still his wife, because of the marriage covenant which is inviolable; & therefore all these Ministers who are yet within the Kingdom are real officers of the Church of Scotland & full & complete officers as to the power, only they are violently restrained from the actual exercise of that power. And therefore the Church of Scotland is still an organical Church, as a man is an org●…nicall body when bound hand & foot so as he can neither work nor walk. But, 2. Whatever may be thought ofsome of these men, (whose being real officers in the Church of God (as was said) may much be questioned) & what sad consequences may follow upon the nulling of their office, let these see to it who either send such forth, or employ them. Yet as to all of them, this forbearing to yield obedience unto this Act, will not ground the consequence alleged: For there is a difference betuixtthe not owneing & dis-countenanceing of a man as no Minister at all, or no Minister of the Church universal: And dis-owneing, or dis-countenanceing him as not being their minister in particular, or as pastor of such a particular flock. It is certain, a man may be a Minister of the Church universal & yet not the Minister of such or such a particular place. It is certain, a man's relation unto such or such a particular flock may be Changed by transportation, when his relation unto the Church universal abideth: And so it is certain that a denying of one to be a Minister of such or such a particular flock will not, by any good consequence be a denying of him to be a Minister at all; Many things may lo●…se a Minister's relation to such or such a particular congregation, which will not a null his relation unto the Church universal: And when his relation to such a particular flock is loosed, that particular flock is loosed from being a flock owneing him as their Minister, for relata se mu●…uo ponunt et tollunt. And when such or such particular persons, refuse to own such a man as their pastor in particular, it cannot be inferred that therefore they deny him to be a Minister at all; Unless this consequence were good. He is a Minister in general to the Church universal Ergo he is a Minister in particular to such a particular flock: It is ill argueing a genere ad speciem, or a specie ad individuum affirmatiuè. So then there can no such thing be concluded from their practice who refuse to obey that act. As for their refuseing to bring their children unto such to be baptised; judicious & lea●…ned Voetius in his polit Eccles. pag. 640. doth approve of it upon these grounds because no necessity compelleth them to it, & they may wait until they have the occasion of a better Minister either in their own paroch, or in another; for if the best gifts be to be coveted, 1 Cor. 12: 31. why should not the best Ministers be preferred? & why should not Christians show by their deeds that their delight is in the saints, Psalm. 16. & that they honour such as fear the Lord & contemn a vile person, Ps. 15: So Pag. 638. quaest. 8. he sayeth the same for these reasons. They should not partake of other men's sin, 1 Cor. 5: 9, 11. Ephes. 5: 11. 2. They should not strengthen the hands of the wicked & make sad the godly. 3. The authority of such Ministers should not be strengthened, etc. See further, Pag. 637: q. 5. Lastly, it may he some will objecte that passage Phil. 1: 18. what then? Notwithstanding every way, whether in pretence or in truth, Christ is preached, & I therein do rejoice, yea, & will rejoice: And hence gather. That seeing the Apostle Paul, was glade that the gospel was preached whatever the men were who did preach it; all should now be so far from refuseing to hear the gospel preached, because of some prejudices which they may have at the men who are employed in that work; that they should be glade & rejoice, that there are any who will preach truth; And should rather encourage then discourage such. Ans. 1. These of whom the Apostle there speaketh, were not false teachers, or such as did pervert the right ways of the Lord; But were, it seemeth, orthodox in their Doctrine; only they were prompted to it, by an evil spirit of envy & contention, that they might some way or other (unknown to us who (as Calvin sayeth on the place) are ignorant of the circumstances of the time which would clear us) increase Paul's trouble & affliction: And therefore, there is a difference be●…ixt them, & these of whom our present disput ●…s, who, as was shown above, are perverting the right ways of the Lord. 2. The Apostle speaketh nothing of hearing, or not hearing of them, only he says that these ambitious, & malicious preachers, did miss their mark; For whereas they thought to ●…nake his heart sad, & so add affliction unto the afflicted; by the contrary, he would rejoice, that, whatever their intention was, God was useing them as instruments, for carrying on his work. 3. In the best of times there may be some such naughty Ministers, ●…s mainly design, by their preaching, some hurt to the eminent & worthy servants of Christ (Famous Calvin sound this true in his own experience as he sayeth on the place) and yet may carry themselves outwardly so fair as that great and public scandals cannot legally be fastened upon them; & it may be that these of whom Paul speaketh here, were such; And if so, there is, as was shown above, a vast difference betwixt them, & these concerning whom the question now is. 4. Or be it so, that they were most vicious & outwardly lose & profane, Yea & persecutets, there is nothing here warranding a constant or ordinary hearing of them, or an owneing of them as lawful Ministers of Christ: all that is here, is a rejoicing that the gospel was spreading, though Satan & Satan's instruments were employed therein far against their intentions. There is nothing which can import Paul's approveing of such, as lawful Ministers; for as judicious Calvin sayeth on the place Though he did rejoice at the gospels advancing: Yet if it had been in his power, he would never have ordained such to be Ministers of the Gospel. So, though the godly now would rejoice if they saw the Kingdom of Christ prospering, by the mighty power of God, carrying on the same, far contrary to the intentions & designs of such as now call themselves ministers of the Gospel (which, as it doth not sensibly appear unto them so it altereth the case far) yet it will not follow that therefore they are bound to own such, as lawful Ministers of the Gospel, for as Calvin sayeth on the place we must rejoice when God bringeth any good to pass, by wicked instruments, & yet therefore such are not to be put into the Ministry, nor to be accounted lawful Ministers of Christ: So that this place can prove nothing, but that Christians should rejoice when they see the gospel promoveing in the hands of wicked instruments coutrary to their intention & purpose, through the mighty power of God out-shooting the devil (as we say) in his bow: And not that they should own such as lawful Ministers of the gospel, & constantly attend their ministry when they may profit more another way, & when their countenanceing these men so, shall harden their hearts in their evil ways, shall stumble the truly godly, shall wrong their own souls, & dishonour God. Rejoicing at the gospel's prospering is one thing: And countenanceing, encourageing, receiving & approving of every one who giveth out himself for a Minister thereof, be he otherwise never so vicious & insufficient, is a far other thing; And the one will no way infer the other; as any, with half an eye, may see: Therefore whatever these preachers were, whether such as sought praise of men, preaching out of envy that Paul might not get all the glory, and with all indirectly accuseing Paul for rashness & imprudence, & as justly suffering upon that account, to the reproach of the gospel & scandal of the weak, as Aretius on the place thinketh: or such as desired to procure his death, That Nero, through their preaching, hearing of the general disperseing of the doctrine taught by him, might be thereby enraged to take away his life whom he had now in bonds; as the English annotators think: Or both: there is nothing here that can with any show of probability plead for hearing of, & owneing as Ministers lawfully called, such as are spoken of in this debate. SECTION XVI. It is lawful for such Ministers as are banished from their flocks to preach, wherever they be, either in public, or private. WHen thus the honest Ministers, whose labours God had singularly blessed among the people, are thrust from them by force, & insufficient scandalous & naughty men, are thrust in upon them, sore against their will, their trouble & trial, is made to grow daily, for now their meeting in any quiet place to hear any honest man, preach the gospel of Christ, is called a conventicle & diligent search is made after such, to the end, that both they & the Minister whom they hear, may be apprehended & punished, according to the pleasure of these persecuters: And thus the honest & Zealous servants of Christ, are either put from making mention of the name of the Lord at all, whether in public or in private: Or brought into great trouble & hazard thereby. Is it not a very sad & astonishing thing, that when whole country sides, are almost laid waste, people wandering from place to place seeking the word of the Lord, & Thousands are perishing for want of knowledge, & multitudes deluded with false teachers; such Ministers as were driven from their own flocks might not lay out themselves for the good of perishing souls & do what they could for instructing, strengthening, & comforting of the poor afflicted & persecuted people of God? May not this be matter of admiration, that any upon this account should be put to suffer? And certanely none with any show of reason, will condemn those Ministers if they take notice of these few particulars following. 1. Though they were banished by the sentence of a civil judge, Yet they remained still Ministers; no such sentence of a civil Magistrate can depose a Minister from his office: The spirit of the prophets, as to this, is subject to the Prophets only. It is true, it followed upon their banishment as a necessary consequence, that they could not exerce the Ministerial function in that place out of which they were banished: But notwithstanding of any Act of banishment they remained Ministers; for there is no such connexion betwixt their being Ministers, & their being in such a place. And all the sentence of the Magistrate reached only to their being, or not being, in such a place. All this will be beyond disput with such as are not gross Erastians'; for no reformed divine will acknowledge that the civil Magistrate can immediately depose a Minister; far less can he do it by the sole Act of banishment. So then this is clear, that those Ministers who were banished from their own parishes, remained still Ministers of the gospel, yea &, as hath been said in the foregoing section, Ministers of the Church of Scotland. 2. It is no less clear unto all such as have not drunken in independent principles. That all such as are Ministers, have a relation unto the Church universal, and unto the national Church wherein they are, and so may, wherever they are, discharge the duty of Ministers, in preaching & administrating the Sacraments. 3. Not only may they do so, but there is a necessity laid upon them to preach the gospel, & woe is due unto them, if they do it not, 1 Cor. 9: 16. If once they have given up themselves unto Christ, as serva●…ts to him, they must resolve to be employed for him, to the out most of their power, & must not think of laying up their talon in a napkin; lest they get the wicked & slothful servant's reward. They have a divine command to preach in season, and out of season, & to lay out themselves, to the yondmost for Christ, and his interest. This will also be undeniable: especially considering in the next place. 4. That there was never greater necessity, for their bestirring of themselves as faithful Ministers of the gospel, than now, when there are so many thousands left destitute: & so many led away with false guides, who make it their work to deceive people, & to pervert the right ways of the Lord: & so many ready to faint under persecution & sore affliction. Is not the harvest now great, & are not the labourers few, when a man shall go many miles before he shall hear any honest Minister? And should such, on whom God is calling aloud to teach, exhort, & comfort, be silent now? Is not Sa●… bussy leading some away to Atheism, others to Profanity, some to popery, others to Quaker●…sme? And doth not this call aloud on all who would be faithful to their master to be actively bestirring themselves now, for the good of s●…uls & for the glory of God? Are there not many honest followers of Christ lying under sore oppression & bondage their spirits being grieved, & their souls wasted with hearing & seeing what they do hear & see? And have not these need to be comforted & cheered up under the cross? Doth not God allow consolation to such? & is he not calling on his servants to speak comfortably to such? Are there not many almost fainting by reason of their weakness, & the continuance of the trial & should not Ministers mind that command, 1 Thes. 5: 14. Comfort 〈◊〉 feeble minded, & support the weak? Are there not many in hazard to be led away with the temptations of the time? & hath not Satan many instruments wearying themselves in this service of seduceing poor people, & drawing them into their nets & snares, & should not Ministers be doing what in them lieth, to keep out of the snare, such as are in hazard; & to recover such as are already ensnared, out of the hand of the devil? Great then is the necessity that poor people are into, & double must the woe be, that abideth such Ministers, as are silent, at such a time, when all things call upon them to lift up their voice like a trumpet; & to show people their transgressions, & their hazard, & to be burning & shineing lights, that such as walk in darkness may see their way & be comforted. 5. Such a practice is abundantly warranted by the Apostles, & other Church officers, in the primitive times: For they went to several places & preached the Gospel; When they were persecuted in one city, they went unto another, & still preached the gospel where ever they came: The history of the acts of the Apostles, aboundeth with instances of this kind, so that it is needless to cite any. If it be said that these were extraordinary officers Apostles, prop●…ets, & 〈◊〉, who were not fixed to any one place, as the ordinary officers were. It is answered. That preaching of the Gospel was not the Charactersticke of unfixed officers, but common to them with fixed pastors & doctors: & preaching unfixedly was not always their note & essential mark, because in times of persecution, pastors & doctors might have preached, wherever they came, as the officers of the Church of jerusalem did, who, being scattered abroad upon the persecution of Stephen act. 8. 1. Did go every where preaching the word, v. 4. Those who were scattered behoved to be the fixed officers of the Church of jerusalem; for it is not probable, that the Apostles would have left that Church of jerusalem, so long without preaching officers fixed for preaching & administrating the sacraments, seeing they had instituted Deacons who were less necessary, Act 6: 1, 2, 3, 4. & seeing themselves were not fixed there, but were to go thorough the world, according to Christ's appointment, & the direction & guideing of the Spirit. 6. So is it warranted by the practice of the faithful & honest servants of Christ in all ages, who through persecution being thrust from one place, went & preached the gospel in another: both in the time of the first ten persecutions, through occasion of which, the Gospel was spread far thorough the world, & at several times since. The honest servants of Christ in Queen Mary her days went abroad preaching the Gospel: So did the zealous servants of Christ in Scotland, when banished, or compelled to flee preach in England, ●…rance & Holland, without any new ordination, or any thing like it. 7. There is some necessity lying upon them to preach, as occasion offereth that they may not stumble the poor ignorent people, who upon their silence are ready to think that the civil Magistrate hath power to depose Ministers formally: And therefore, if there were no more but this it were enough to provoke them to preach, that the world might see, that they put a difference betwixt the power of the Magistrate, & the power of the Church; And that when they submit unto the Magistrate, keeping within the compass of his calling, & exerciseing that power which formally agreeth to him, though he should mistake as to the application: They will not submit any further, to the wronging of the privileges of the Church: And so will let the world see that they are still Ministers of the Gospel, though banished from their particular flocks. 8. Their silence in such a case would be stumbling unto others, who look upon it as an evidence of fainting, & fear in them, who dar not open their mouth, nor appear for Christ & speak to the edification & encouragement of sufferers, lest it offend the Magistrate: And when such are so faint-hearted how doth it discourage others, & strongly prevail with some to go over the belly of their own light & conscience, yea moreover it hardeneth the wicked in their evil courses, & encourageth them to persecute more & more, when they see such fainting & discouragement among the followers of Christ. So then when these particulars, are considered, It will be found that such Ministers do but their duty, & that they would come short in their duty, if they did not so preach the Gospel. If it be Objected here. That to preach in such a disorderly way would be a breaking of the established order of the Church viz. a preaching within such a Bishop's dioecy without his licence, & so it would be a course not approved by the God of order. It is. Answered. 1. That ceremonies or matters of mere order must be passed by in times of necessity, such as this is. 2. Such an established order as tendeth to the ruin of religion, is but iniquity established by law, for that is not an order of God's appointment which is destructive to the main business, viz. the edification of souls, & therefore such an order which is to destruction & not to edification, is not to be regairded, 3. Where is there any warrant for such an order or appointment in all the Gospel? Did the Apostles ever ask liberty from the corrupt Clergy among the jews, to preach Christ, in such or such a place? Where is there any warrant for such as are Ministers called of God & orda●…ned, to suspend the exercise of that function till they have the licence & good will of a prelate? This is that popish leaven which the former English Prelates had from Rome: preaching the Gospel is immediately commanded to all who are Ministers, & there is not the least syllable, for their going to a Bishop, who is nothing else but a creature of man, to seek licence: And certanely none can think that these Ministers might have gone to the prelate, to obtain liberty; seeing that would have been a clear acknowledging of them & their power, contrare to their vow & covenant. So than it was better to take the way of the Apostles, &c to obey God rather than men; & to preach at God's command, when man forbiddeth, as well as to preach truth when man commandeth the contrary, seeing he hath no power from God for that effect more in the one case then in the other. 2. It may be possibly further objected. That how ever they remain Ministers & so may preach as they have a call; yet to seek corners & hideing places to preach in, to separated congregations cannot be allowed in a constitute Church: Ans. If they be Ministers of the gospel, they may lawfully preach the gospel, where God in his providence giveth them a call to preach. 2. Since they cannot have liberty to preach the gospel in public, they may & must do it in private, when the necessity of the people calleth for it. Christ & his Apostles did not always get the public places to preach in, but were content of private rooms: Many a time did Christ preach by the sides of mountains, by the sea side, & in such byways; And so did the Apostles: Paul could get no better at Ephesus then the school of Tyrannus: and two full years he preached in his own hired house at Rome Act. 28: 30, 31. & therefore this practice of theirs cannot be condemned; for. 3. As the Church was then in fieri, so is it now in a decaying condition, & therefore though it were granted (which is not yet clearly proved) that in a Church rightly constituted, such private preachings, were not lawful; yet when a Church is fallen from her right constitution, & is upon the decaying hand (at without all doubt, the Church of Scotland is this day) many things may be allowed, as they are, in a time when the Church is but in fieri: & as to this particular in question, a time of persecution (as this is) is always excepted; so that it is lawful enough now, so long as this persecution lasteth, to preach the gospel in private when no liberty can be had to do it openly. 4. These Ministers are gathering no separated congregations, but only preaching to all who will come & hear the word of truth, in such quiet & retired places, where they may get it done most saifly & may be most free from distraction & trouble of their enemies, who are waiting to find them out, that they may hail them to prisons. Who then can condemn their carriage in this. 3. If any should further object & say. That this would be an open contempt of the Magistrat's lawful authority, & disobedience to his lawful commands; For though it be true, that he cannot take away the office of a Minister or the power of order, & so degrade him; yet he may take away the exercise of his Ministerial function, at least, he may discharge the exercise of the same, within any part of his Kingdom or dominions Ans. Whether there be such an express prohibition or not is not certanely known, nor whether or not the objection doth suppone, that the Magistrat's Act of banishing of them out of their own parishes, or out of the bounds of their respective presbyteries, doth include a discharge of ex●…erceing the Ministerial function, any more, within the Kingdom. If the objection go upon this supposition it is sufficiently answered above. But next, suppone there were such a command expressly prohibiting them, they were not bound to give obedience. Because to inhibit & discharge the Actual exercise of the function of the ministry is a spiritual censure, it is real suspension, which is a sentence that can lawfully be passed only by a Church judicature: & the civil Magistrate can no more suspend from the exercise, than he can depose from the office; for the one is a degree unto the other: See Apollde jure Maj. circa sacra: pars 1, pag. 334, 335, 336. And Rutherfurd's due right of presbyteries, pag. 430: 431. And therefore though the civil Magistrate should pass such a sentence, conscientious Ministers ought not to obey; because, the civil Magistrate, in passing such a sentence, is not keeping within his sphere but transgressing the limits of his calling, & when the civil Magistrate is usurping the power that doth not belong unto him, obedience is not to be yielded, neither is he to be countenanced or encouraged in that. Therefore though there were no more, this is sufficient to call all Ministers to give testimony against such an usurpation, by refuseing to obey any such Act, or by preaching, when God giveth a call, in his providence, in any place they come●… unto, though there were never such an express Act to the contrary, They m●…st not by their silence, And obedience unto such commands, gratify the civil Magistrate & make him another pope: See Apollon: ju●… Maj. circ●… sacra, par. 1 pag. 338. SECTION XVII. It is lawful for Ministers to preach after the pretended prelate hath either suspended or deposed them. BEing now speaking of the trouble that Ministers are put to, for preaching of the Gospel, it will not be amiss to speak h●…e, of another case: And it is concerning such as either are, or shall be suspended, or deposed by the prelates or their Synods: And it may be; some may think, that though they be not bound to be silent upon the sentence of banishment passed against them, by the civil Magistrate: Yet being formally silenced or deposed by the Bishop, or his Synod, they cannot lawfully contraveen that Act & sentence, it being the act & sentence of a Church judicature, or of such as have formally Church power & authority. But the serious pondering of these six things, will clear that notwithstanding thereof they are bound to look upon themselves as Ministers, & so not only may but aught to exerce their Ministry as God shall put opportunity in their hands. 1. Submission unto such a sentence would be an acknowledging of the prelate & of his power, & this is contrary to their oath & covenant: Such officers as prelates, were cast out of that Church, & abjured, & now submission unto their sentence, would be an express owneing of them, & acknowledging them to be really clothed with Church power, & particularly with power over preaching presbyters; & so they should acknowledge another officer in the Church, than Christ hath instituted, which no true Christian ought to do. If the 〈◊〉 should take upon him to depose or suspend any Gospel's Minister, would not that Minister acknowledge the power of the Pope, if upon the receiving of such a sentence he should leave off the exercise of his Ministry? And when the civil Magistrate taketh upon him to depose a Minister immediately, if that Minister should upon such a sentence, be silent & submit, would he not thereby acknowledge that the Magistrate had power to depose Ministers formally? Sure none could doubt of this: So than it is beyond all question that to submit unto such a sentence, would be a clear acknowledging of their power, & this is diametrically opposite unto an endeavour to extirpate them. 2. If it were lawful to submit unto their sentence, it were undoubtedly lawful to compeer before their court 〈◊〉 before a lawful court, & answer unto any accusation given in against them, for if one may acknowledge the lawfulness of the sentence of such a court, they may also acknowledge it lawful to answer before them, & so lawful to own them as a lawful court. Now seeing conscientious Ministers could not have clearness to compeer before the prelate or his Synod, when summoned; can it be expected that they should counter-act their own testimony & condemn themselves, by submitting unto their sentence? 3. Such a submission would prove very stumbling unto the godly for. 1. It would encourage them to own the prelates as lawful Church officers, to compeer before them, to obey their acts, & so to own & acknowledge them as lawfully impowered; for if they be owned & acknowledged in one particular, why not in all? 2. it would wrong the peace of the godly, who have hither●…ill keeped a distance; & give a check unto their conscientious walk ing, when they should see ministers submitting to their sentence, as to the sentence of any uncontroverted lawful Church judicature. 4. Who ever condemn this non-submission, sure such, as of late, thought they could not in conscience submit (& also all such as did approve them in that particular) unto the sentence of deposition or suspension, passed against them by a controverted assembly, because they looked upon it as no lawful General assembly, being not lawfully constituted; cannot condemn this; but according to their principles, must preach; for no doubt the power of prelates is much more to be questioned; then the power of such assemblies, & even many who will stand to the justifying of that assembly will never justify the power of prelates, & therefore it cannot but be expected that such as thought the sentence of that controverted assembly null, should now look on the sentence of a prelate, as null and of no effect and therefore as little, if not less, to be regairded & submitted unto. 5. Beyond all question, it is a sentence proceeding from such as have no power, & therefore ought not in conscience to be submitted unto. A minister who is called of God must not lay aside his office or the exercise of his office & power, upon every man's desire: But if he be exauctorated at all, it must be by such, as have lawful authority for that effect, unto whom he is bound in conscience, to subject himself; And so he shall have peace though the sentence be passed clavae errante, unjustly. There will no man quite any of his goods upon a sentence coming from an incompetent judge; And shall a Minister quite with his Ministry, which should be dearer unto him then any thing else, upon a sentence proceeding from an incompetent judge, ora private person? this in reason cannot be expected. 6. If so be they should submit unto this sentence & account themselves no Ministers, It would follow that though the prelates were all away, they might not preach nor exerce any ministerial Act, until a Church judicature would take off the sentence again, & then not only they, but the Church judicature also, in so doing, should acknowledge the validity of the sentence and consequently the lawfulness of the power from which it did slow. But it will be objected. 1. That that sentence cometh not from the Bishop alone, but from a Synod whereof he is only the moderator. Ans. Though the sentence be given out at the meeting of such as are underlings to, & complyers with him; Yet the sentence is only his sentence, & this he is pleased to signify unto all, at their meeting, left they should forget it, & so mistake him & themselves both; And he indeed maketh a fashion of ask their votes, to the end they may be partakers of the guilt, & of the odium with himself; But he acknowledgeth them to have no power, unless it be to give their counsel & advice. But. 2. It hath been shown above that such meetings are no lawful Church judicatures, no presbyterian meetings, but prelatical conventions & conventicles, set up of purpose, for his ends & for the carrying on of his designs. And their not compeering before these meetings sayeth they did not acknowledge them to be lawful meetings, & therefore they cannot now acknowledge their sentence. It will be objected. 2. That though they ought not to be submitted unto as prelates or co●…rts of prelates; Yet they ought to be submitted unto as the King's commissioners, & their sentence is in so far to be reverenced. Ans.. Whether they sit & Act there, as principal or as commissioners, yet any such sentence proceeding from them, is a non-habente po●…estatem, from such as have no power; For of themselves they have no such power, & they can have no such power from the King for nemo p●…test dare quod non habet, the King can not give them the power which he hath not, The King cannot depose a Minister immediately: It is true he may put a lawful judicature to whom this power doth properly belong, to do it, or he may imprison or banish, & consequently put from the exercise in such a place, but formally he cannot give out any Church censure of suspension or deposition, against any Minister, & therefore he can commit no such power unto any man whether he be a civil man, or a Church man. And thus It is still clear that this sentence should not be submitted unto, if it were no more but for this one cause, because it should be an acknowledging of the Magistrat's power in the matter of Church censures, which is an assertion unto which no sound reform divine will assent. It will be objected. 3. That seeing it is certain such shall be put from their Ministry ere long however, for if they submit not unto the sentence, the civil Magistrate will either banish or imprisone, or some other way put them from it, whether they will or not, were it not faifer then to prevent further suffering to themselves & theirs, by submitting in time? Ans. It is true, that in all probability the civil powers will not suffer such to preach long, after such a sentence is dissobeyed; But yet it is the duty of all, so to carry themselves, when suffering is at hand, as that they may have most peace of conscience, & quietness under the cross: And it is certain they shall have far more peace, who continue preaching as opportunity offereth, notwithstanding of any such sentence, until some physical restraint or what is equivalent, be laid upon them; Then such as shall willingly submit unto an unlawful sentence, proceeding from an unlawful judicature, deriveing power from an empty fountain, & thereby give offence & great scandal both to good & bad. It will be Objected. 4. That submission to judicaturies established by law, is necessary; Either obedience active or passive is necessary, otherwise there shall be no order. Ans. Whatever may be said anent submission, or non-submission unto the unjust sentences of lawful judicatures; Yet it will be clear, that no submission should be yielded unto the unjust sentences, of unlawful judicatures. For the authors of the review & examination of that book entitled Protesters no subverters and Presbytery no Papacy grant, Pag. 96. This much, saying we plead not for submission to officers, & judicatories, not of Christ's own institution, such as, not only, pope's, but prelate's,— & were no lawful Church officers so that here their arguments conclude not, taken from the practice of Ministers, not submitting to the sentences of prelates in the Church. So that then all the Church of Scotland, as to this particular, it seemeth, was of one judgement and thought that Ministers should not submit unto prelates passing a sentence of suspension or deposition against them, these prelates being no lawful Church officers: & so it is clear that this non-submission in this case, is no new thing in that Church, but was the practice of several worthy & precious men before, as the book before mentioned showeth, which instances are worth the noticeing now. SECTION XVIII. It is lawful for the people, to hear those suffering Ministers, & to meet for prayer & other Christian exercises, in private. WHen the poor people cannot in conscience attend the ministry of such as are thrust in upon them against their will; for the reasons already given; their temptation groweth double upon them; & their trouble increaseth; for now when they go to hear such Ministers, as they may lawfully hear, either in public or in private, it is a cause sufficient for persecution: yea or if they meet two or three together, in any private place, for prayer, conference, or any other Christian exercise, they are in hazard to be hailed to prison &, punished as keepers of conventicles. Doubtless, it cannot be very necessary, to speak much, for the justification & defence of those, who either have suffered, or may hereafter suffer upon that account; seeing few who own Christianity, or know the sweet of Christian exercises, and of Christian fellowshipe, will condemn such as value the good & advantage of their souls beyond their bodies; yet lest some should be moved to think that at such a time, such ways should be forborn, a little must be spoken to justify both those courses. And first for their going to hear, either in public or private such Ministers, as are still lawful Ministers, what ever sentence hath passed against them; & have given a faithful testimony unto the truth, by adhering to their principles, notwithstanding of all the sufferings they do, or can meet with, much needeth not be said, seeing, 1. They are so expressly & often commanded to hear the word of truth, to hear what is the mind of the Lord; for by the Ministry of his servants doth God manifest his mind unto his people. The priests lips should preserve knowledge and the people should seek the law at their mouth, who are the messengers of the Lord of hosts: It is their duty to wait at the posts of wisdom's doors, this will be undeniable. 2. There is an innate desire in the saints, after the word of truth, as new born babes they desire the sincere milk of the word that they may grow thereby, 1 Pe●…. 212. So that, any who are offended with them, for this, must be offended with them for being Christians, & must be offended with new born babes for desiring the breast; & is it not cruelty to smite & punish poor young babes for seeking the breast? What cruelty must this be then, to punish such for this, to which their nature as Christians, leadeth them. 3. They have oftentimes, through the breathing of the spirit of God upon such exercises, found a rich income: as they goat life & quickening grace that way, at the first, so have they oft found their souls revived, & their hearts enlairged, their eyes enlightened, their drooping spirits encouraged, their feeble knees lifted up, their doubts answered, & cleared, and their souls lifted up in the ways of the Lord, & strengthened to turn the battle to the gate, & to stand against corruption, etc. And can any blame them for seeking after those waters that they have been so often refreshed by, formerly? 4. There was never greater necessity; for upon the one hand temptations abound, darkness, fainting, discouragement grow: And upon the other hand, they have no other to go to, unless they would resolve to drink of fouled waters, which their soul abhor: let none say that they thereby drive at separation, for they desire not to separat from the Church, not from the public ordinances, wherever they can have them without sin; they love the ordinances, only they can not own such men as their Ministers, who have so palpably betrayed their trust, nor can they attend the ordinances▪ here they cannot enjoy them to edification, & the sheep must be a lowed to choose wholesome food, & not to take poison. But is it not a strange thing that they will not suffer Christians to meet together for prayer? It would seem they look on that God to whom the saints do pray, as their enemy, & that they are afraid of prayer: And indeed the time hath been when the prayers & fasting of the saints of God have been terrible to the great enemies of God in that land, yea more terrible than Ten thousand men, as themselves have professed. But what is this else then to banish Christianity, to profess enmity unto Christian exercises? And sure no Christian will condemn Christians for flocking together, as birds of one feather do, for prayer & other exercises in this evil time: seeing, 1. It hath been constantly practised, especially in evil times, in all ages, & why should it be condemned now? Learned Voetius de Polit. Pag. 969. showeth that by this means, true religion was preserved & propagated, both of old & of late, & how this course is followed, where popery reigneth, or where there is such formality as the truly tender cannot conform themselves unto. Further he cleareth the lawfulness of this practice from that meeting in the house of Cornelius Act 10. & that other Act 12: 12. 2. God hath approven such & promised to reward them that in such an evil time wherein the proud were called happy & they who did work wickedness, were set up; Yea they that tempted God were delivered: Did speak often one to another, Mal. 3: 16, 17. the Lord harkened & heard it, & a book of remembrance was written before him for them that feared the Lord & that thought upon his name, & they shall be mine, sayeth the Lord of hosts, in that day when I make up my jewels, & I will spare them as a man spar●…th his own son that serveth him, would not this encourage Christians to meet together? What will do it, if this will not do it? 3. The Apostle writing to the Hebrews cap. 10: 25. sayeth not forsaking the assembling of yourselves together as the manner of some is, & this is a warrant for private Christians to assemble to gether; for he is there pressing du●…es on Christians in reference to other private Christians, as considering one another & provokeing one another to love & to good works; And for this end presseth their frequent assembling together not only to the public ordinances, but even also to private exercises whereby they may the better consider one another, & as it followeth, may exhort one another. Therefore this is a commanded duty, & God must be obeyed. 4. Their necessity calleth for it that every one should be helpful to another; & therefore they should join together as one, for the mutual relief & supply of one another: vis unita fortior. Eccles. 4▪ 9, 10. two are better than one— for if they fall the one will lift up his fell●…w v. 12. & if one prevail against him, two shall withstand ●…m, & a threefold cord is not quickly broken who then can condemn this practice? 5. There are some general comprehensive duties required of Christians, which will necessarily require their meeting together or by good consequence clear the lawfulness thereof. as, 1. They are commanded frequently to love one another joh. 13: 34, & 15: 17, 12. Rom. 13: 8. 1 Thes. 4: 9 1 joh. 3: 11, and 4: 7, 12. joh. 13: 35. 1 Thes. 3: 12. Now as love in other societies necessarily effecteth a frequent assembling together: So will this Christian love draw Christians together for these ends & purposes which love setteth them on work to do, each to other. 2. They must be Kindly affectioned one toward another Rom. 12: 10. as parents to Children, & is it not ordinare to see parents & children together? And where there ought to be such affection can any condemn their assembling together. 3. They must be of one mind and of one m●…uth▪ Rom. 15: 5, 6. 2 Cor. 13: 11. 1 Cor. 1: 10. Phil. 1: 27, and 2: 2, 10. 1 Pet. 3: 8. And how is this possible unless they meet together to communicate their minds unto other, & to pray to God for light in any point of difference, etc. 6. There are some particular duties pressed upon Christians which will include their assembling together: as. 1. They must consider one another so provoke unto love and to good works Heb. 10: 24. And this will necessarily imply their familiarity with other, & their frequent assembling together, to provoke to love, etc. 2. They must exhort one another Heb. 10: 25, and 3, 13. & can this be done if they may not confer together & assemble for this end? 3. They must comfort one another 1 Thes. 4. last and 5: 11. & must they not meet together & speak together for this end? & pray that God would bless the means & bear home the words of comfort? 4. They must edify one another 1 Thes. 5: 11. And is it possible for them to do this duty & live as strangers one to another; this duty of edifying one another is a very comprehensive thing, & doth necessarily imply the saints assembling frequently together, that one may be helpful, strengthening & encourageing to another. 5. They must admonish one another Rom. 15: 13. Press or urge a thing upon the mind of another, & so instruct them aright, as children are instructed; & this sayeth they must often be together for this end. 9 They must teach and admonish one another in psalms and hymns and spiritual songs Col, 3: 16. & can this be done unless they assemble together? 7. They must be kind or profitable one to another Ephes. 4. last & this sayeth, they must not be strangers to other. 8. They must serve one another in love Gal. 5. 13. that is, they should spend themselves for one another for their spiritual advantage, & that in love, & should they not then assemble together? 9 They must receive one another Rom. 15: 7. that is, receive with affection & embrace, one another: And must they then scare at the company of one another? And not rather receive other into their intimate fellowship? 10. They must be subject one to another Ephes. 5: 21. 1 Pet. 5: 5. every one ready to give, & to take, reproofs to, & from another & to do service to other as called thereto, & this sayeth they must not live as strangers to other. 11. They must confess their sins to one another and pray for another jam. 5: 16. 12. They must ministere their gifts to one another, 1 Pet. 4: v. 10. Obj. It will be objected that this is sedition & opposeing of established laws, made for the good of the common wealth against such conventicles, & therefore such controv●…ers cannot be justified. Ans. It is not for fear of any disturbance to the peace of the common wealth that such Acts are made, for a few women, (who in all likelihood are able to do little that way) may not meet together. 2. The heathens did pretend this when they made laws against the meetings of the primitive Christians; And therefore their meetings, were called Factions, And conventicles: And yet the primitive Christians did not forsake the assembling of themselves together, notwithstanding of all these edicts, & albeit that several times they were put to suffer upon that account: se●… this fully made out by the learned Mr Stilling fleet in his Origines sacr●…, Lib. 2: cap. 9 Pag. 316. etc. And who then will condemn these Zealous Christians now for so doing? SECTION XIX. The unlawfulness of compeering before the high Commission Court, demonstrated. TO the end that the forementioned persecution of the saints & servants of God might be the better carried on, There is a high commission court erected consisting of the two arch prelates, & some other prelates, & of some noble men, some Magistrates of brughs, & some soldiers & others: And this number or any five of them, a prelate being always one of the five, have power granted to them from the King who appointeth them by virtue of his prerogative royal & supremacy over all persons in all causes ecclesiastiek, as was shown above Sect. 12. To suspend deprive & excommunicate, as also to punish by fineing, consineing, committing & incarcerating all keepers of conventicles, all Ministers who contrare to the laws & acts of Parliament & council, remain, or introduce themselves upon the exercise of the function of the Ministry, in those parishes & bounds inhibited by those acts; all preachers who come from England & Irland without sufficient testimonials, or leave of the Bishops of their dioceses, all such persons who keep meetings & fasts at the administration of the sacrament of the Lord's supper which are not approven by authority: All who speak, preach, write or print to the scandal, reproach, & detriment of the Estate, or government of the Church & Kingdom, as it is now established: All who contemn molest, & injure ministers who are orderly settled: All who do not ordinarily attend divine worship, administration of the word & sacraments, performed in their respective parishes by ministers legally authorized, for taking the cure of these parishes: All such who without any lawful calling as bussy bodies, go about houses, & places for corrupting, & disaffecting people from their allegiance, respect & obedience to the laws: And generally, without any prejudice to the particulars specified, all who express their dissa●…sfaction to his Maj. authority by contraveening the acts of Parliament & Council in relation to Church affairs, etc. This court appeareth terrible unto the godly, for the persecution of whom, & of none else, no not the most flagitious & profane, it is erected; & seemeth to be as a new court of inquisition. But that which is more lamentable is this: That there lieth hid here a dreadful snare for tender consciences; For it is such a court, as tender hearted Christians cannot but scruple to acknowledge, or compeer before, without a declinature, the giving in of which, would be accounted laese Majesty, & therefore in such a case, such as resolved to keep a good conscience, in this day of trial & defection, saw a necessity of withdrawing, & of not compeering at their summons, even though they might have pleaded themselves innocent of any crime laid to their charge. Now if any would desire to know the reasons why such a court cannot in conscience be owned, acknowledged or submitted unto, as a lawful judicature, let him consider these particulars, & lay them together, & he shall see clear reason for either declineing or withdrawing. 1. This is a judicature meddling with censures purely ecclesiastic, such as suspension, & deposition of Ministers, & excommunication both of Ministers & people, & therefore must be acknowledged to be a Church judicature. Now there is no warrant for any such Church judicature, in all the new testament; nor is there any precedent of the like, to be found in the Gospel: & Christians must acknowledge no Church judicature but what hath a special warrant from Christ's law & testament. 2. This is a Church judicature having its rise, power & commission only from the King, & the King granteth this power to this Commission & authorizeth this court, by virtue of his royal prerogative over all persons, and in all causes, as well ecclesiastic as civil. So that none can acknowledge this court but withal they must acknowledge the King's prerogative royal, & supremacy in all causes, & over all persons; & particularly they must acknowledge that pure & proper church power, doth properly reside in the person of the supreme Magistrate, & that he hath proper power to suspend & depose ministers & also to excommunicate, & so hath power to Commi●…sionat any of his subjects, he thinketh good, for that effect: But what presbyterian, yea what sound protestant who is not devoted to Erasius' Antichristian notions, will or can acknowledge this. 3. In this judicature, civil persons as such, viz. the Chancellor, Thesa●…rer, duke Hamilton, Marquis of Montrose, Earles, Lords & others, who are no Church officers, have power in Church matters, viz to suspend, depose, & excommunicate. But this is against all the Discipline & laws of Christ's house, for Christ will have the affairs of his house governed by officers of his own appointment: Who then can acknowledge such a court, & not with all consent unto this intolerable encroachment upon the privileges of Christ & his crown, & justling of our Lord out of his rights? is not this the fountain of all disorder, & confusion, tending in end to the utter overthrow of all Church discipline, & to to the total overturning of the Established order of Christ's house? & can any acknowledge such a court, seeing such sad consequences will follow thereupon? 4. In this judicature, ecclesiastic persons have power of civil matters & civil punishments, for the court hath power to fine, co●…fine, commit, and, inc●…rcerat for contraveening the Acts of Parliament. But that Church officers should meddle with civil matters, is diametrically opposite unto Christ's word, Mat. 20: 25. Luk. 22: 25. where he forbiddeth all the exercise of any such power as was exercised by Kings and civil powers on earth, saying the princes of the gentiles exercise dominion, and they that are great exercise authority, but it shall not be so among you so that the very exercise of the power is prohibited, & if any should think that he meaneth only the ●…anny & abuse of the power, because he useth the compound words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Luk doth sufficiently take away this objection when he useth the simple words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & the scope of the place cleareth it also for the question unto which Christ returneth this answer is concerning primacy & power, and not concerning the abuse of the power. So than whoever do acknowledge this court do approve in so far of this contradiction to Christ's command. 5. The acknowging of this court, would be upon the matter a justifying of all the Acts of persecution exercised against the worthless of old, for avouching the Kingly office & power of Christ, & declineing the civil courts, in Church matters; & so a condemning of the Zeal of those worthies, who hazarded life & all which was dear to them, in giving testimony, against the encroachments made upon the crown and privileges of Christ as King: But certanely a Christian tender of the glory of God, & of his cause, which hath been, & is hated & persecuted by his enemies; would scare at this. 6. Particularly the acknowledging of this court, would be a condemning of worthy & precious Mr Rutherfoord, & Mr Dickson who declined the High commission, and refused to pass from their declinature on any terms, wherein they were singularly & eminently owned of God, & approved by his testimony to their spirits: And what tender Christian could do this? 7. The acknowledging of this court, is a clear breach of the first article of the league & covenant, in several particulars as. 1. the acknowledging of this court, is an overturning of all the principles of Presbyt●…rian Government, & so contrary to that oath whereby every one is sincerely, really, and constantly, through the grace of God, to endeavoure the preservation of the reformed religion of the Church of Scotland in doctrine worship, discipline and government: And that because. 1. It is contrary to the principles of presbyterian Government to have Church power derived in whole or in part from any prince or potent at upon earth, but only from jesus Christ the sole King & head of his Church. 2. It is contrary to the principles of presbyterian government to have Church censures dispensed by any except Church officers. 3. It is contrary to the principles of presbyterian government to have Church officers meddling with civil affairs. 4. It it contrary to the principles of presbyterian government to have any other Church judicatories, than such as are allowed by the Gospel. 5. It is contrary to the principles of presbyterian government to have Church power & civil power confounded, & in-distinct. 2. The acknowledging of this judicature, would be a condemning of the work of reformation in part; for this is one piece of the doctrine of the Church of Scotland, & one piece of the reformation viz. That Church officers should not meddle with civil power or places, & this was much looked to, at the beginning of the late work of reformation, & condemned both by Church and state, Anno 1638, 1639, & 1640. And therefore tender Christians could not do this, & sin against God. 8. The acknowledging of this judicature is a breach of the second article of the same league & Covenant. Upon this account that it is an acknowledging of the power of prelates in the highest degree of that power which ever they had in Scotland. And next upon this account that it is an approving of that which is contrary to sound doctrine, & the power of godliness, & so a partaking of other men's sins, & a running the hazard of receiving of their plagues; expressly contrary to that article. 9 As to the civil part of this court (for it is a monster of judicatories, viz. two distinct bodies under one head) The acknowledging of it, would be a crossing of the third article of the league & Covenant upon a two fold account. 1. In that it is a wronging of the rights & privileges of Parliaments, ●…o own a judicature not approved & established by any Act of Parliament old or late. 2. In that it is a wronging of the liberties of the Kingdom, to consent unto an arbitrary power, assumed by the prince over them, contrary to the fundamental laws of the land, in setting up what judicatories he pleaseth without consent of Parliament, without whose special warrant & authority the meanest fixed court cannot be erected. 10. It is a court unamimously condemned by the Church of Scotland in their assembly 1638. Act S●…ss. 14. upon very pregnant & considerable grounds for they found that it had been erec●…d without the consent or procurement of the K●…rk, or consen●…▪ the ●…states of Parliament: That it did subvert the jurisdiction and ordinary judicatories & assemblies of the Kirk sessions, presbyteries, provincial and national assemblies: That it was not regulated by laws civil or ecclesiastical; but at the discretion and arbitrement of the c●…mmissioners: That it gave to ecclesiastical persons the power of both t●… swords, and to persons merely civil the power of the keys, and Kirk censures: and therefore did prohibit the use and practice of it, as being a court unlawful in itself, and prejudicial to the liberties of Christ's Kirk and Kingdom, and the King's honour in maintaining the Established laws and judicatories of the Kirk.) Now how could any true member & officer of the Church of Scotland acknowledge this judicature so unanimously dis-allowed & condemned by that Church? 11. The acknowledging of this court would be a clear breach of the national covenant, as sworn & subscribed Ann●… 1638, & 1639. for in that covenant the land was sworn to resist all corruptions, according to their vocation & to the uttermost of that power which God had put into their hands, all the days of their life: And among other things referred to the determination of the General assembly, this, concerning the civil places & power of Kirk men was one: And accordingly the General Assembly did determine act sess. 25, Decemb. 19 1638. That it was both inexpedient & unlawful for pastors separated unto the Gospel to brook civil places & offices: & the next day there was an act made for subscribing of the covenant according to this determination for: (say they) it is found by the confession of faith, that the five articles of Perth and the civil places and power of Kirkmen, are declared to be unlawful. The assembly alloweth and approveth of the same in all heads and articles thereof, and ordaineth that all ministers, masters of universities, colleges & school●… and all others who have not already subscribed the said confession and covenant; shall subscribe the same with these words prefixed to the subscription, viz. The article of this covenant, which was at the first subscription, referred to the determination of the Gen. assembly being now determined at Glasgow in Dec. 1638. And thereby-the civil places & power of Kirkmen being declared to be unlawful We subscribe according to the determination of the same free & lawful general assembly. So that it is most clear that none can own this judicature without the breach of this covenant so explained; because they cannot acknowledge this judicature, but withal they must acknowledge the civil power & places of Kirkmen. It will be objected. That the Commissioners of that court and particularly the prelates may be owned as his Maj. Commissioners & so it will be lawful enough to compear be fore them. Ans. If they be looked on as his Maj. Commissioners: Then either as his commissioners in spiritual matters, or in civil matters: If as his commissioners in Church matters, than no Minister or Christian could own them as clothed with such a power, because his Maj. hath no such power from God, & therefore they can have no power from him by virtue of this Commission: & moreover compearing before them under that notion as having power of Church censuras by virtue of a commission from the King, is an acknowledging of such a power in the King, which is contrary to truth, as is shown above. If as his commissioners in matters civil, than Church men should be owned as having civil power which were contrary to the clear word of Christ, & to the express determination of the Assembly & also contrary unto the national covenant. But it will be objected in the next place. That upon the same ground no man might lawfully compear before the High court of Parliament because prelates are now made constituent members thereof, & so compearing before them would be an acknowledging of the lawfulness of the Church men their having civil places & power, Ans. It is true they may do nothing that may be an approving of their having civil places & civil power: & therefore th●…ough they might not decline the court of Parliament in a civil business, yet at their first compearance they would be necessitated to declare, that they do not acknowledge nor approve of Church men their having civil places and power, & to protest that by their compearance before the High court of Parliament they might not be looked upon as approving thereof, which protestation might in this case salve the conscience, but no ways in the other case of appearing before the High commission, & that because, the Parliament is a full & complete court without the prelates, so that though they were laid aside the Parliament would be a Parliament still: but without the prelates the high Commission is no court: for one of them at least is sine quo non; so that lay these all aside & you have no high commission court●… & therefore they being essential members of the court, it is impossible to compear, & protest that in compearing you do not acknowledge their civil power, without a self contradiction; for in your protestation you have them virtually laid by, as no constituent members, & if they be no constituent members there is no court, yet your compearance sayeth that they are a court; & so it would be a palpable contradiction to protest against these as no constituent members & yet stand before them & answer, as before a court: But as to the Parliament the case is far different, for when the prelates are there laid aside there is a full compleet court remaineing, before which, you may stand & answer for yourself: the Parliament hath been, & may be, a full & complete Parliament without prelates but the high commission never was a court without prelates, & may be a court with full power & authority, when there are no other constituent members beside prelates. Some may object. in the third place, & say This High commission court doth not meddle with Church censures, & therefore cannot be looked on as a Church judicature, meddleing with Church causes & Church censures; but is only a civil court medleing with civil causes, viz. the putting of the Acts of parliament to execution. Ans. 1. Though this were granted; Yet there is ground enough of scrupleing at the owneing of the same, as may be seen in the 4, 7, 9, 10, & 11. reasons formerly adduced. But. 2. It is not very material to consider either how little or how much of their power they do put unto execution; but the main thing is to see what power they may exerce: Now the best way to find out this, is to look to their commission, which will abundantly clear us in this: Their commission showeth how far their power doth reach, or what actions or causes fall within the compass of their power; And by this we can best take up the nature of the judicature: So that if their commission give them power to suspend, depose & excommunicate, every one must look upon them as a judicature having that power, whether they should always, or never exerce it: And that their commission granteth to them this power, will not be denied by any who hath ever seen the same; And that part of it which was cited, doth clear it suffeciently: And therefore it is a mixed judicature, being as well Ecclesiastic as civil. If it be replied. That properly they have no power of suspending deposeing & excommunicating immediately: But the meaneing is, they are to cause the respective Church judicatures to suspend, depose, & excommunicate; for the Act or commission containeing their power, sayeth they have power to appoint ministers to be censured by suspension, or dep●…ion It is. Answered 1. They have power to appoint Ministers to be censured by suspension or deposition, the same way that they have power to appoint them & others to be punished by fineing, confining, committing & incarcerating: but this power they execute not by putting other civil judicatures to do it, but they themselves immediately do it; & therefore so have they power granted to them to do the other immediately, the ground of the answer is clear from the very words of the commission, which putteth no difference betwixt the way of their appointing Ministers to be suspended or deposed & the way of their appointing others to be fined & confined or incarcerated, & we must not distinguish where we have no ground: And therefore it is said more clearly in the former part of the commission, that they have power for the causes specified to suspend deprive & excemmunicate & these words make the matter as clear as can be, 2. This co●…t is raised of purpose to put the Acts of Parliament in execution, immediately; for so sayeth the commission itself That they are to ●…se their outmost endeavour, that the Acts of Parliament and council; ●…or the peace and order of the Church. etc. 〈◊〉 put in vigour and in impartial execution Now as for this end they immediately execute the laws for fineing, confining, etc. So have they power also immediately to execute these laws that are for suspending & deposeing of Ministers. 3. The end why this court was erected showeth further that it is in part a Church judicature; For it was erected to keep the peace & order of the Church & the government thereof by Archbishops & Bishops: & to punish such as presume to violate, contemn, & disobey the Ecclesiastic authority. 4. That which doth put the matter yet more out of doubt, is the Basis or ground on which this High commission is reared up, viz. his Maj. prerogative royal; in all causes, and over all people as well Ecclesiastic as civil: Now if they looked upon this court, only as a civil court, having power to meddle only with civil punishments, his prerogative royal in causes civil had been a sufficient Basis for this. Therefore the express mentioning of his prerogative royal in causes Ecclesiastic putteth it beyond all debate, that they have proper Church power granted unto them, & so may immediately depose & suspend, etc. In the last place, Some may object against the arguments brought from the unlawfulness of Church men their taking upon them civil places; And say That though they will prove it unlawful now for Ministers to take upon them such places; Yet they will not prove it unlawful for any to compea●… before them when installed in those places; More than it can be unlawful to come before a judge who possibly hath come'●… to the place, by unlawful & indirect means: that is his fault, & others are not concerned therein: so here it is the prelate's their fault to take upon them these places, & private people are not so much concerned therein. Ans. There is a vast difference, betwixt the prelate's in this court, & other judges in other courts, though coming to these places by indirect means; For. 1. These other courts & places of judicature are unquestionably lawful; But the High commission is not a court so unquestionably lawful. 2. Other courts are not affected, in the point of lawfulness or unlawfulness by the quality of the people: But it is otherwise here in the High commission, the very lawfulness of the court is questioned upon the account of the prelates being members thereof sine quib●…s non. 3. These vices or indirect means, used by others for attaineing of such or such a place in a judicature, are for ●…he most partsecrete & not clear & undeyable or obvious unto all. But that which is objected against the prelates is notour to all who read the gospel, where they are expressly discharged by, Christ to meddle in such a manner with any civil place or power. & so. 4. That which is objected against the prelate's is such a thing as affecteth the very person & incapacitateth him for the place, but in the other cases instanced, these vices affect only the manner of entry, but do not incapacitate the person, a man may be one fit enough for such or such a place in a judicature as to be a judge or a justice of peace or thelike, though he use indirect means to come by the place; but the prelates as prelates (if so be they will be accounted Church officers) & because they are Church men, are uncapable of such a place, & therefore though it will not be unlawful to acknowledge a judicature unquestionablie lawful, notwithstanding of some secret corruption in the entry ofhim who is in possession of the place: Yet it will be unlawful to acknowledge a judicature in it selfquestionable (at best) whether lawful or not, when such people are made constituent members thereof, yea & members sine quibus non, that by the express law of Christ are uncapable ofsuch a place: and the acknowledging of this judicature cannot but be an approveing of that corruption: Because the very acknowledging of the judicature sayeth that the persons who are constituent members thereof, are really & legally capable of the place: as the compearing before & acknowledging of a court made up of mere civil persons having power to try, ordain, rebuke, depose or excommunicate Ministers; should be 〈◊〉 acknowledging of civil persons, their having Church power, contrare to the laws of the gospel. Therefore the arguments brought from the unlawfulness of Church men taking upon them civil places, are still in force. By those particulars, It is abundantly clear that that high commission court, is a most sinful court, even as to its constitution, & how dangerous it is to compear before it, upon any account without a declinature, & how it is saifest to with draw & escape the snare that is laid there for catching of unwarry souls ere they be aware: See the learned Voetius pol. eccles. pag. 214. quaest. 2. & 216. quast. 3, SECTION XX. The dreadfulness of the sin of covenant breaking particularly of abjureing the national Covenant & the solemn league & Covenant, manifested. MAny sad particulars have been mentioned, which may occasion grief & sorrow unto all the people of God, yet there is one other which putteth on the copestone, & may deservedly make that land a gazeing-stock, & a hissing unto all nations round about, who may stand astonished, & wonder what is become of Covenanted Scotland: For it was not enough for the Parliament to condemn the Covenants, which were solemnly sworn, & subscribed by Parliament, & at their command by all ranks of people in the land, & by the King himself as was shown in the 2. Section. But they form a declaration, Septembr 5. 1662. which they ordained to be subscribed by [all officers of state, members of Parliament, privy councillors, Lords of Session, Commissioners in the exchequer, members of the college of justice, Sheriffs, Stewards or commissaries, their deputies and clerks, Magistrates and counsels of Brughs, justices of peace, and their clerks, or any other who have public charge, office, and trust within the Kingdom] And by the subscribing of this declaration they promise as followeth. I— do sincerely affirm and declare that I judge it unlawful to subjects upon pretence of reformation, or any other pretence whatsoever to enter into leagues and Covenants, or to take up arms against the King, or those commissionated by him, and that all these gatherings, convocations, petitions, protestations, and erecting and keeping of Council tables, that were used in the beginning, and for carrying on of the late troubles, were unlawful and seditious. And particularly that these oaths, whereof the one was commonly called, The national Covenant, (as it was sworn and explained in the year 1638 and thereafter) and the other entitled A solemn league and Covenant: were and are in themselves unlawful oaths, and were taken by, and imposed upon, the subjects of this Kingdom, against the fundamental laws, and liberties of the same. And that there lieth, no obligation upon me, or any of the subjects, from the sa●…ds oaths, or either of them, to endeavour any change or alteration of the government, either in Church or state, as it is now established by the laws of the Kingdom. May not the heavens be astonished at this? And may not all the world wonder, that the only qualification necessary or qualification sine qua non of a Magistrate (who should be a man fearing God, & a Man of truth, etc. Exod. 18: 21. 2 Sam. 23: 3. Neh. 7: 2. & 13: 13. should be perjury of the deepest dye? May it not be for a lamentation, that no other should be in a capacity to administrate justice, but such as are singular for unfaithfulness? Cicero in office; Lib. 1. sayeth the ground work of justice is faithfulness and truth, that is to say; constancy and truth in words and Actions: and how can such execute justice betwixt man & man, & press faithfulness in words & Actions, who are ringleaders in unfaithfulness themselves? How can they press & force others to stand to their obligations & compacts, when themselves have broken all bonds, & declared themselves not obliged to stand to any obligation which they have made unto the great God of heaven & earth? What justice can be expected from them, who will make no conscience of their oath the fidel●… administratione? And how can it be expected that such shall make any conscience of their oath the fidel●… administratione who have already declared & avowed themselves perjured, & foresworn? For it is a presumption in law, that qui semel mal●…●…mper malus in ●…odem genere. How can such be judges in a reformed land who would not be suffered to be judges amongst heathens? How can those be admitted as judges in Scotland whose oath according to the laws & constant practic thereof, will not be admitted before any judge in a matter above Ten shillings money of Scotland? But oh how few is there found of all the Magistrates in the land, who have refused to subscribe this declaration! And how may this stand on record to the perpetual infamy (the punishment assigned to perjured persons by the law of the 12. Tables) of this generation, that it did both swear a Covenant with God, & now hath openly & avowedly annulled, canceled, & broken the same, & thereby declared themselves to be the most infamous & perjured generation, that ever stepped upon ground. And a generation whose oaths, let be their words & promises, are no more to be regairded, then if they were all Samnite●…, with whom (as Liu. sayeth Annal lib. 9) the Romans refused to enter in termea of peace, because of their frequent treacherous Actings: or Carthaginians of whom it is said that they were always perjured: or Cretians, who are always liars, Ti●…. 1: 12. And what will bind such whom oaths will not bind? How fitly may that of Iav●…nal, 〈◊〉 satire 13. be applied to this generation? Sunt qui in fortun●… jam casibus omni●… p●…nunt, Et nullo credunt, mundum rectore movers; Natura volven●…e vices & lucis & anni, Atque ide●… in●…repidi quacunque altari●…ngunt, Est alius metuens ne crimen po●… sequatur. Hic put●…t esse deo●…, & pejera●…, atque ●…a secum; Decernat quod●…unque volet, de corpore ●…ostro, Isis, etc. The weight, on fortune, some lay, of each thing, And think, no God, the world doth govern, Nature alone, by running round, doth bring About both days, and years, hence they do learn, To touch each altar without fear, And boldly every thing to swear. But others fear lest plagues their guilt pursue, Think there are Gods who punish will such crimes, Yet they'll for swear (o such a wicked crew, Resolving so to do at several times. Let God decern, with what disease He will us punish, if he please. And how many now are regairdlesse of all oaths; to whom that of juvenal, 〈◊〉. Sat. 13. doth fitly quadrat. Vt sit magnatamen, certe lent●… ira Deorum est, Sicurent igitur cunctos punire nocentes, Quando ad me venient: Sed & exorabile Numen. For●…asse experiar; Solet Hic ignoscere, multi Committunt eadem diverso crimina fa●…o; Ille crucem sceleris, pretium ●…ulit hic diademae. And that Ibid. Tam fdcile & pronum est, superos contemnere testee. i c. Suppose it true that divine wrath be great Its pace is slow, so will it come but late: If it a truth be, that the Gods do care, To plague & punish all who guilty are, How long a time, I pray thee, may it be, Before they come to reckon, & reach me; Yea I may mercy find, God's exorable; He useth to give pardons & is able, It's often seen, that men do perpetrate The same vile crimes, & yet with divers fate, One hath the gibbet for his crimes reward; To others, crowns for crimes are oft prepared. So bent are men now to defy, Heauns-witnes; even the Deity. But moreover this oath must be pressed on others beside the persons mentioned, by the privy council, which hath power for this effect; & though already many (& alas too too many) have subscribed this declaration, & thereby abjured their former oath & engagement, & so not only have brought infamy & disgrace upon themselves; but have also heinously provoked the Lord, to send a sword, which shall avenge the quarrel of his covenant, & the broad curse, which shall consume both the timber & the stones, of their houses: Others cannot be blamed for refuseing to write after their copy, If these three things be considered. 1. How sinful & heinous a crime it is to break these covenants. 2. What dreadful judgements may be expected to follow upon the breach of covenant &. 3. How weak the grounds are whereupon such go as cry down the lawfulness & standing force of these covenants. The first of these, shall be spoken to, in this Section, & the rest in the following Sections. The sinfulnsse then of this practice will appear; if these Tuelue particulars be considered, & laid to gether. 1. There is in the breach of these covenants, a clear breach of promise: All covenants are promises, & these covenants have in them a plain & clear promise: Now a promise is arationall Act of a man (as Aquin. sayeth 22 〈◊〉. Q. 38, Art. 1.) by which he declareth. & ordereth his purposes to another; And these are of two sorts. Either that which is called Pollicitati●…, & this (a●… Grotius sayeth the jur. bell & pac. Lib. 2, c, 11, §. 3.) is when the will doth determine itself for the time to come with a sufficient evidence showing the necessity of persevering & this (as he addeth) doth either oblige simply or under a certain condition: Or else such as are full & complete, promises; Such as promises of giving & promises of doing, & in these (as he sayeth 1b. §. 4. Beside the determination there is also a sign of voluntary resigneing the right over unto another. He further there proveth, That these promises do bind. 1. By showing from scripture, viz. Neh, 9: 8. Heb. 4: 18, & 10: 23. 1 Cor. 10: 13. 1 Thes. 5: 14. 2 Thes. 3: 3. 2 Tim. 2: 13. How God who is above all law should yet do contrary to his nature, if he should not keep his promises. 2. By that passage of Solomon. Pou. 6: 1. My so●… if thou be surety for thy friend, if thou hast stricken thine hand with 〈◊〉 stranger then art thou snared with the words of thy mouth, those 〈◊〉 taken with the words of thy mouth. So that pomises are strong bonds & aught to be keeped: hence that. Verbaligant homines Taurorum cornua fun●…s, Bulls by their horns, men bind with cords; Men use to be bound by their words, A heathen could say of a promise made to another. Vo●… me●… fat●…tuaest. Ovid. 2. Me●…amor. And heathens made much of their promises. Yea it is said of some that they refused to swear any oath, because that would have imported that their bare word & promise, was not be to rested on, as security enough. Thus the Scythians, (as Grotius sayeth de jure bell. & Pa●…. Lib. 2: c. 13. §. 21.) refused to swear to Alexander, & told him that colendo fidem juran●…, They swear by valuing their promise. So when at Athens a grave person came to give his oath at the altar all the judges cried out that they would not suffer it to be done ●…o quod nollent religone videri, potius quam veritate fidem esse cons●…rictam. Spurius posthumus In his speech before the Senate (as Liu. showeth Lib. 9) sayeth that promises no less than covenants, are religiously regarded by all, apud quos juxta divinas religiones fides humana col●…ur. when C. Licinius & L. Sixtus, two T●…bunes, were making some overtures tending to the advantage of the people, one whereof was, that in payment of debts, all that which had been paid i●… usury should be allowed in the first place: Claudius Crassus' 〈◊〉 of the Patricij had an oration to dissuade the people therefrom, showing them how that by this means, all faith & trust should be banished, & consequently all humane society should be destroyed: see Liv. Lib. 6. The Romans have been famous for keeping their public faith, hence in all their straits the people did lend money most willingly unto the Senate, not knowing how it could be better secured: (Liv. Lib. 25.) And therefore they honoured their public faith as a Goddess & had a solemn place apppointed for her, in which place all their articles of peace & covenants were sworn, ●…t ejus, quiea violaret, sacrum diis inferis, caput esset (see Liv. hist Lib. 1. & Lib. 24.) Yea so much did they esteem of their faith, that they did not thinkit enough, not to do any thing contrary thereunto; But they would not suffer others to do any thing which might seem to reflect on them, & their faithfulness; & therefore (as Liu. showeth Lib. 28. when Hannibal had over thrown Saguntum a city in Spain, which had befriended the Roman interest, they thought it their duty to recover that city out of the hands of Hannibal, & did so. Memorable is the story of Fabius the dictator, mentioned by Liv. Lib. 22. who (when Hannibal was wasteing Italy, & had spared a piece of ground that appertained unto him, of purpose to make the report go that he had complied with him) seeing his fidelity thus in hazard to be questioned, sent his soon to Rome to sell that piece of ground, & with the money thereof he paid what he had promised for the relief of some captives, upon the public faith: & thus fidem publicam privato impendio exsolvit. When jugurtha King of Numidia had killed the two Grand children of Masanissa that he might possess the whole Kingdom. The Romans called jugurtha to answer for this fact & secured him in coming by their public faith, & because of the saife conduct which they had promised, they sent him away saife notwithstanding that he had owned the wickedness done by 〈◊〉 his companion, And had conveyed him away quietly: See Sallust. in jugurth. It is memorable also that when Scipio was warring in Africa against the Carthaginians, there was a truce concluded, & the Carthaginians sent some ambassadors to Rome, to treat for a peace, & in the mean time Asdrubal taketh 230 of the Roman ships which had been driven from the fleet by storm, & which the ambassadors that came from scipio upon the report of this, were come, to Carthage they also were in humanely used & hardly escaped; & notwithstanding of all this breach of truce, & breach of the law of nations; the Romans because of their public faith sent away the Carthaginian Ambassador's saife (See Liv. Lib. 32.) So was it their public faith which freed Han●…o a commander of the Carthaginian forces, notwithstanding that the Carthaginians had put Cornelius As●…na a consul in chains, contrare to their faith & promise. Many such instances might be given, but these may suffice to make such as call themselves Christians to blush, when they see how far they are out striped by such as had no rule to walk by, but the dim letters of nature's light. How may those religious heathens, (if they may be so called, being compared with the more than heathenish Christians) have hissed Matchiavel out of their commonwealth, & banished him their society, as fitter to live among beasts, with his beastly overtours, then among men; Seing they tend in effect to turn men into bruits; For if no faith or promise be keeped, all humane society shall be broken up, & there must be no trasfieque, no barganeing, but men must be left at liberty, to run & roave abroad, as the wild beasts of the field, to catch what they can have. Memorable is that which Buch. hist. lib. 9 relateth of the borderers in Scotland who thought so much of the breach of a promise that they would not eat nor speak with such as broke promise, nor suffer him to come into their houses, & for his disgrace they stuck up a glove upon a pole or a spear & carried it aboutin their public meetings. 2. There is in the breach of those covenants, a clear breach of an oath. The covenants are sworn covenants, & so the breach thereof is the breach of an oath, & this is no small sin. Heathens acknowledged a great binding force in oaths: hence Cicero de offic. lib. 3. sayeth, That an oath is a religious affirmation, & what is promised, God being witness, should be performed. & again, He who violateth his oath violateth this faith. & again our forefathers, would have no bond straiter than that of an oath, as the laws in the 12. tables show, and their covenants whereby they did bind themselves even to their enemies and the observations of their censores, who took notice of nothing more than of people's keeping their oaths. An high account then have even heathens had of their oaths: Yea Livy sayeth that faithful promises are sufficient to rule a city though there were no laws nor Magistrates. Memorable is the story of Regulus who being taken captive by the Carthaginians, having given his oath either to return to Carthage, a prisoner, or procure in his place the liberation of some of the Carthaginians then prisoners at Rome, goat liberty to go to Rome & when he came thither, It was not found honourable for the people of Rome to render back any captives, yea himself (though he would not vote, as a member of the Senate affirming that as long as he was under the oath of the enemy he was not a free senator) dissuaded the●… from rendering up any captives, because such as they had among their hands, were able & eminent commanders of the Carthaginian forces, & himself was but an old broken man & altogether useless. When the Senate had thus resolved, Though he had many strong temptations to break his oath, as the offer of liberty to stay at home in his own country, with his own dear family, & to enjoy the honour & privileges of a member of the senate: & upon the other hand the thoughts of his cruel & bloody enemies, & their not oriousnesse in perfidy▪ Yet for all this, conform to his oath, he returned, & rendered himself their prisoner; and when he did so (sayeth Cicero de offic. lib. 3.) his case was better than if he had stayed at home a perjured old captived Senator. And Cicero when he is again speaking of this same business sayeth that he could do no otherwise then, when nothing was accounted surer than an oath. And upon this account is it that this Regulus is so praised by Siliu●…●…t. as Grotius showeth de jur bell. & pac. lib. 2. c. 13., § 16. Qui longum semper famagliscente per avum, Infidis servasse fidem memorabere Poe●…is. Through ages all increased shall be, Thy spreading fame & memory, Whom all the terrors fierce of death, To Punicks made not break thy faith. Memorable also is that passage of Pomponius the Tribun, who when Titus (afterward Tarquatus) son to Manlius, came in upon him early in the morning while he was in bed, & drawing his sword, swore that he would presently kill him, unless he would give his oath, to let his father go free (against whom there was an action intended) having given his oath thus out of fear, resolved to keep it, & therefore according to his oath he letteth Manlius go free tantum illis temporibus jusjurandum valebat oaths were in such an account in those days, (sayeth Cicero ubi supra) Memorable also is the story of those whom Hannibal took captive, & sent to the Senate upon oath to return unless the Senate would liberat some of his commanders, & when the Senate refused to do this (for they would redeem no capitives, though they might do it, at never so easy a rate, that their soldiers might resolve either to die or to overcome) they returned according to their oath, & rendered themselves prisoners, but which is most remarkable, there was one among them, who after he had given his oath, & was coming away with the rest, returneth into the enemy's camp, a little, as if he had forgotten some things, thinking, by this means, to free himself of his oath, & so when the rest returned to Carthage, he stayed: But the Senate getting notice of the matter, took him, & sent him bound hand & foot unto Hannibal: & upon this sayeth Cicero relating this matter ubi supra, fraus distringit, non dissolvit perjurium; fuit igitur s●…ilta calliditas perverse imita●… prudentiam, all his wiles could not help him out. It is reported of Nerva. That when he was made Emperor to give a proof of his Mederation, he swore that none of the Senate should be killed by his command, which was very acceptable because Domitian a little before had caused execute several of them upon small occasions: And such respect had he unto this oath that when several of the senators had conspired against him, he spared them, because of his oath (see Dion: in Nerva) Now shall heathens who had no more but the dim starlight of nature make so much of oaths, & shall Christians trample them under foot? When there is no greater security imaginable betwixt person & person, & betwixt nation & nation; Nor no other way for ending of controversies, for securing peace, & mutual fellowship, but an oath; shall Christians make no conscience of these bonds, though the law of nature, & the law of nations, cannot imagine a bond beyond that? It was a foul stain upon King james. 2. To kill William Earl of douglas in the castle of Sterlin after he with some nobles present had assured the said Earl of his life by their subsciptions, & it did so irritat the Earls friends; that they took the public write & put it upon a board, & tied it unto a horsetaile, dragging it thorough the streets: & when they came to the market place they proclaimed both the King & the nobles perjured covenant breakers And thereafter when james the Earle's brother had rebelled against the King, he was desired to submit; but he answered that he would never put himself in their reverente, who had no regaird to shame, nor to the laws of God or man, and who had so perfidiously and treacherously killed his brother and his cusines. Yea shall Christians, not only go beyond the law of nations & suffer heathens to out stripe them in that which natures light doth dictat: But will they also break all the bars of the Lord's exexpresse word, & cast the cords of oaths behind their backs, after that the Lord hath so often commanded the contrary. Scripture, is clear for people's standing to their oaths which they have sworn in the Lord. They are to swear in truth, in judgement and righteousness, jer. 4: 2. They must not take the name of the Lord in vain, Which if done at all, is done by fore swearing, or swearing falsely. It is the qualification of one who is to inherit heaven Psal. 15. That though he swear to his own hurt he will not change. Such false sweareing is expressly against the mind of God as these scriptures do clear, Levit. 6: 3. & 19: v. 12. Numb. 30: 2. jer. 5: 2. & 7: 9 Ezek. 16: 59 & 17: 16, 17, 18. Host 10: 14. Zech. 5: 3, 4. & 8: 17. Mal. 3: 5. Many precedents in scripture clear it to be duty to stand to oaths: As these Gen, 21: 31. & 24: 9 & 25, 33. & 26, 31. & 31, 53. & 47, 31. compared with Cap. 50, 5. So Gen. 50: 25. compared with Exod. 13: 19 josua 2: 12. comp: with Cap. 6: 22. So jos. 9: 15, 20. 1 Sam. 24: 21, 22. 2 Sam. 19: 23. compared with, 1 King. 2: 8. 1 Sam. 20: 17. compared with, 2 Sam. 21: 7. 1 Sam. 30: 15. 1 King. 1: 13, 30. Neh. 5: 12. Now shall Christians make no more of all these, them Sampson did of the new ropes? Shall neither law of nature, law of nations, nor yet the law of God be of any binding force? If so, they declare themselves not only to be no Christians, But to be no men. Sure then it must be a heinous iniquity for any who are engaged in this Covenant, to cast it behind their heels, & contradict what they have there sworn. It is a great sin to break a promise, but it is a greater sin to break an oath; because an oath is a greater ground of security, & in an oath the dreadful name of God is invocated to attest the sincerity of the promises & purposes of the promisers & this maketh the obligation stronger, & so the breach of this bond must be the sader. 3. There is in this, a clear breach of a vow, for in these covenants there is a promise made unto God, & that is a vow. Now the obligation of a vow, is no less than the obligation of an oath; For in every vow there is an implicit calling of God to witness, & a vow is of the like nature with a promissory oath, & so should be performed with the like faithfulness (sayeth the confession of faith, at Westminster cap. 22. Sect. 5.) That lawful vows ought to be observed with all carefulness, many both precepts & precedents in scripture do clear as Num. 30: v. 2, 4, 8. 1 Sam. 1: 21, Deut. 12: 11. & 23: 21, 23. Ps. 76: v. 11. Eccles. 5: 4, 5. Gen. 28: 20. Numb. 6: 21. & 21: 2. judg. 11: 30. compared with, Levit. 27: 28, 29, Ps. 132: 2. & 22: 25. & 56: 12. & 16: 5. Prov. 20: 25. Isa. 19: 11. jona. 1: 16. & 2: 9 Nah. 1: 15. So then the sin of violating these oaths or covenants, being likewise the violation of a solemn vow, made unto the Lord, after which it is not lawful so much as to make inquiry, must be great. 4. There is in this, a clear breach of a Covenant made with man, for in the league and covenant, The King, the Parl. & the people of the three Kingdoms, do mutually covenante each with other, for the performance of those things which do concern them in their several stations, either as to the work of reformation, or as to the preservation of each others mutual rights & privileges. King and Parliament do Covenante to preserve the people's liberties: King and people Covenante to preserve the privileges of Parliament: Parliament, & people Covenante to preserve his Maj. person honour & authority. And all the people stipulat & engage each to other; so that here without all doubt, there must be a clear breach of a Covenant, and this must be a grievous sin; for very heathens looked upon the breach of a Covenant as a heinous & uncouth thing, & did abhominat the same. Hence Collicrates did dissuade the Ach●…ant from harkening to Perseus the King of Macedon who intending war against the Romans, was seeking to make peace with them: Because it would be a breach of the Covenant which they had made with the Romans: see Liv. lib. 41. To break Covenant is a sin against the law & light of nature, & so condemned amongst very heathens Rom. 1: 30. & for which the Lord gave them up to a reprobat mind, v. 28. The obligation of a Covenant is the highest assurance, & greatest ground of security that nature's light could find out, betwixt nation & nation, or betwixt man & man, in matters of greatest concernment: And this ground of assurance is generally rested on, by all, unless they have to do with a Hannibal, or with the Samnites, whom no Covenant could bind. Hence is that saying sides supremum rerum humanarum vinculum est] faith is the highest assurance in humane matters. It is spoken to the dishonour of Philip King of Macedon] that none could call him a good King, because that usually he despised oaths, and broke his promise upon any light occasion, so that no man's promise was less esteemed of] & of Hannibal [that in warring against Rome he did wadge war more against his own faith and promise; and rejoicing in lies and deceit, as so many excellent arts, he resolved to leave behind him a notable memory, of himself, but so as it should be uncertane, whether as of a good man, or of an evil man.] The Trojans accuse themselves of this iniquity apud Homer: As rendered by one, thus. Rumpentes foedera sacra. ●…uratamque fidem pugnamus, non quibus est fas. Who sacred leagues annihilate, Their faith though sworn do violate, Against those on whose side stands no right We do & may with courage fight. Yea it is reported that the Romans would not break Covenant even to such as had broken unto them, & therefore when Sergius Galba would have cut off 7000 of the Lusitanians who had broken Covenant, in a most perfidious way; he is accused by Libo a tribun of the people for wounding the honour of the Romans in recompensing, perfidiousness with perfidiousness & sayeth Appianus [persidia persidiam ultus, contra Romanam dignitatem, barbaros ●…abatur] It was a great evidence of baseness in the Sax●…s when the pick●…s refused to make any Covenants with them, because that with them, Covenants, which with others were the surest bond of friendship, were but snares for the simple. So Buchan in vi●…. Gorani. So that nature's light teacheth the obligation of Covenants to be inviolable. And also the light of the scriptutes teacheth the same, jos. 9: 19 Neh. 9: 38. 2 King. 11: 17. Ezek. 17. throughout, jer. 34: 18. &c, Gen. 21: 27. 1 Sam. 18: 3. & 20, 16. Gen. 31: 36. & 44; 49, 50, 52. Neh. 5: 11, 12. 1 King. 5: 12. & 20, 34. 5. There is in this, a breach of Covenants whose tye & obligation is sacred, & religious: of Covenants which God will own as his, he being called to witness therein, by an oath, which was interposed. All Covenants confirmed with an oath; whatever the things be, religious or civil, concerning which; they are made, are owned of God as his (hence the Covenant: betwixt David & jonathan is called the Covenant of the Lord, 1 Sam. 20: 8.) & upon this account the violating of those sworn Covenants must be a heinous & great transgression, & therefore Zedekiahs' fault in breaking his Covenant with the King of Babylon, is aggraiged upon this score, Ezek. 17: 19 & so●… judgements are threatened therefore [Therefore thus sayeth the Lord God, as I live, surely mine oath that he hath despised, and my Covenant that he hath broken, even it will I recompense upon his own head] The oath is called God's oath, & the Covenant God's Covenant, which v. 16. is called the King of Babylon his oath, & his Covenant: And upon this account the sin is aggraiged & he is the more assured of judgements, because of his breach of this Covenant. So likewise that Covenant mentioned, jer. 34: 8, 9, 10. wherein th●… princes & the people did swear to let their. Hebrew servants go free, is called God's Covenant v. 18. & upon this account sorer judgements are threatened v. 19▪ 20. And I will give the men that have transgressed my Covenant, which have not performed the words of the Covenant, which they had made before me— into the hand of their enemies, So then the breach of this Covenant, which was sworn with hands lifted up to the most high God, & in an eminent way, before the Lord, must be the breach of a Covenant which God will own as his Covenant & as his oath, & therefore the greater sin. 6. It will be the breach of Covenants made with God, for they containea vow & a promise confirmed with an oath, made for doing of such things, as God commandeth in his word, & therefora greater sin; for Covenants made with God should be more binding & inviolable than Covenants betwixt man & man; For in Covenants betwixt man & man, there may be dispensations in, & remissions of the obligation: & moreover the ground of those Covenants may fail. Now none can either dispense with, or grant remissions in, the matters of God. Moreover Covenants made with God, are more absolute, & less clogged with conditions, & so more obliging. And therefore the sin of breaking such covenants, must be the greater; & all may be sure that God shall avenge the quarrel of these Covenants, which are his own, he being in them, not only judge & witness, but also altera pars contra●…ens, the party with whom the Covenant is made Leu. 26: 15, 16, 17, 25. 7. It will be the breach of Covenants, made with God about moral duties. It is a moral duty to abjure all the points of popery, which was done in the national Covenant: & it is a moral duty to endeavour our own reformation, & the reformation of the Church, which was sworn to, in both Covenants: It is a moral duty, to endeavour the reformation of England & Irland, in doctrine, worship, discipline and Government, which was sworn to in the league & Covenant: It is a moral duty to purge out all unlawful officers out of God's house, & to endeavour the extirpation of heresy & schism, & whatsoever is contrary to sound doctrine, which was sworn to there also. It is a moral duty to do what God had commanded towards superiors, inferiors & equals; which by the league & Covenant, all were bound unto: And therefore the Covevenants are strongly obliging, being more absolute than other cov: because they bind & vi materiae & vi sanctionis, both by reason of the matter, & by reason of the oath, & so are perpetual jer. 50: 5. And therefore a breach of these must be a greater fault than the breach of such Covenants, as are about things not morally evil, which only bind vi sanctionis, & so it is beyond all doubt that the breach of these Covenants is a most heinous & crying sin. 8. It will be a breach of such Covenants as are so framed as that they cannot be made void though they should be broken, buried & forgotten; Because they are Covenants, about moral, & indispensable duries, & such duties upon which dependeth the glory of God, the advancement of the Kingdom of our Lord & saviour Jesus Christ; The honour & happiness of the King's Majesty, & his posterity, & the true, public liberty, saifty & peace of the Kingdoms, & the good of posterity in all time coming, & the Lord's being one, & his name one in all the three Kingdoms: And so the transgessing of such Covenants must be a greater fault than the b●…each of such, which are of that nature, as to be made void after some period of time, or after a failzy by the one party. Therefore seeing, those Covenants must bind, though all had broken them, & brunt them, also, so long as ●…fe lasteth; It must be a heinous crime to break them. 9 It will be a breach of Covenants real & hereditary, such as reach not only the persons themselves entering into Covenant, but likewise their posterity, like that betwixt David & jonathan, 2. Sam. 9: 7. & 21: 7. & that betwixt josua & the Gibeonits': & that mentioned, Deut. 29: 14, 15. For this Covenant is of that nature as shall appear, if that which Grotius de jur. ●…el. & pac. lib. 2. c. 16. §. 16. Sayeth concerning these Covenants, be considered; where he giveth this as one evidence of such Covenants, viz. When the subject is of a permanent nature & addeth albeit the state of a commonwealth be changed into a Kingdom, the Covenant must bind quia manet idem corpus, etsi mutato capite though the head be changed, the body of the commonw●…alth is the same. And again he sayeth, as grving another evidence of such Covenants. When there is such a clause in the Covenant as that it should be perpetual, or when it is such as is made for the good of the Kingdom & addeth, When neither ma●…er nor expressions can certanely determine, then favorabiliora creduntur esse realia the most favourable & advantageous are real Covenants. So that by these marks & evidences, it is clear, that these Covenants are real Covenants, obliging not only them but also their posterity; for. 1. The subject or the person, who did first enter into this Covenant; was the body or universality of the people themselves, & then their Parliaments in their Parliamentary capacity, like the oath of josua & the princes which did bind the people in all time coming, notwithstanding of what they might have said for themselves, as not owneing the same, but murmureing against it. Yea the King in his princely capacity sitting on his throne, with the crown on his head, in the day of his solemn inauguration: & this though there were no more, will make it a real Covenant, binding the people according to that, imperator foedus percussit, videtur, populus percussisse Romanus. As King Zedekiah's oath▪ to the King of Babylon, did oblige the people: Now then seeing where either the body of a land, their Parliaments, or their prince, in their several capacities, do Covenante; the Covenant becometh real & perpetually obliging; much more must it be so, where all these three are, & so theseoaths being Regal oaths, Parliamentary oaths, & national oaths & covenants, they must be covenants perpetually obliging; so that as long as Scotland hath a King or a Parliament; Yea though there should be none of those, this obligation would stand, because mutato capite, maneret idem corpus: The subject would be permanent, & therefore the faith of Scotland, being Engaged: so long as Scotland is Scotland, the Engagement standeth & will not be dissolved. The faith of the Medes being Engaged, made it fare the better with their tributary cities, even after the Medes did obtain the Empire, & had their state changed. So the public faith of Scotland being Engaged by all persons in all capacities, as long as there are any scotish men to succeed in those capacities the obligation standeth. 2. Consider the very expressions of the covenant & the ●…nd thereof & it shall appear to be perpetual, real & public: in the preface, there are these words having before our eyes the glory of God, the advancement of the Kingdom of 〈◊〉 our Lord & savi●…ur jesus Christ, the honour & happiness of the King's Maj. & his posterity, & the true public liberty, safety & peace of the Kingdoms, wherein every ones private condition is included▪ sure all this is a public good, & a public national good, to be endeavoured by the Kingdom of Scotland in all future generations: & again it is added (for preservation of ourselves & our religion, from utter ruin & destruction. So in the first article there are these words. That we & our posterity after us, may as brethren live in faith & l●…ve, & the Lord may delight to dwell in the midst of 〈◊〉. And in the second article there are these words. That 〈◊〉 Lord may be one & his name one in the three Kingdoms: & in the fifth article there are these words we shall each one of us according to our place & interest endeavour that these Kingdoms may remain conjoined in a firm●… peace and union to all posterity: So that it is beyond all question, that the scope & intent of the covenant is public & national. 〈◊〉 Consider the matter of the covenant & this will yet further appear: The very matter showeth this, for as was said, it is about moral duties; & so, though it were true that juramenti obligatio personam tantum obstringeret: Yet ipsa promiss●… haeredes obligaret for in ipsa promissione satis est efficaciae such a promissory oath is of ●…orce to bind the posterity. So then this being a public, real, national, covenant, It must be a hai●…ous offence to transgress it, & such an offence, as their posterity after them, were bound to mourn for, when they renewed (as they were bound in conscience to do) the same, ●…fter the example of those mentioned Ezra. 9: & 10. & Neh. 9: & 10. 10. It will be the breach, of covenants obliging perpetually, by the very persons who did solemnly swear & enter into these covenants. This cannot but be a great aggravation of this crime. If it would be a sin for their posterity some 〈◊〉 of years after this, to transgress these covenants, will it not be a greater sin for them, to beak them, in their own dayes How unspeakably heinous must it be that the very persons who lifted up their hands & swore as they ●…hould answer to God in the great day, do run counter their own oath, & transgress that Covenant? Was it so great a sin for Saul to break that Covenant made with the Gibeonits' as did provoke th●… Lord to send Three year's famine, & his anger to burn sore against the land, till Seven of Saul's posterity were hanged up before the sun, when this was Three hundred years, or more, after the Covenant was made, would it not have been a greater sin if in Iosua's days, he & the very princes who made the Covenant had broken it? Sure the posterity after some hundereds of years might have said more for themselves, & have pretended ignorance or forgetsulnesse of the thing, or some one thing or other, which, for shame, the self same persons who entered into Covenant could not once mention: So than it is beyond all question, that this doth aggraige the guilt of this generation, that it is the same generation (for the most part) which did swear these Covenants that doth now break them; seeing they cannot yet be ignorant or forgetful of the many evident demonstrations which God gave of his owneing of these Covenants both at the swearing of them & afterward, so long as people made any conscience of standing by them. 11. It would be the breach of Covenants sworn with the greatest solemnities imaginable: whether or not that be true That quanto crescunt etc. as the solemnities do grow so groweth the oath: Shall not be now debated, though it seem a truth that solemn juramentum non magis obligat exse & naturâ suâ quam simplex, that an oath accompanied with solemnities hath no stronger obligation of itself, and in its own nature, than a simple oath wanting such solemnities: Yet as Doct. Sanders. sayeth the jur. Prom. obl. Prael. 5: §. 12. The solemnities of the oath do aggraige the sin of perjury necessaryly and inseparably for which he giveth two reasons. 1. Because of the greater deliberation; for these external rites & solcmnities are used of purpose to strike into the mind a greater reverence of the Action and a greater sense of religion, that so the man might go about the Action with greater attention, & deliberation, and every sin caeteris paribus, is the greater that it is done against a deliberate Act of the will. 2. Because of the greater scandal for the more solemnly any thing 〈◊〉 done it is the more observed, & bymoe, & therefore the scandal is the more notorious & pernicious. Scripture is likewise clear for this, as may be seen, Ezek. 17. where the perjury of that King is aggravated from this, among other things: v. 18. when l●… he had given the hand, that is, when he had solemnly engaged himself, by this rite & ceremony of giving his hand. So 〈◊〉. 34: 19 when th●… sin of the breach of Covenant is spoken of, this is mentioned that they passed between the parts of the calf, a rite used in making of solemn Covenants it was to have some beast or other divided in two, & the Covenanters were to pass thorough betwixt these parts. And therefore the breach of those Covenants must be a horrible provocation; for in them, they gave, as it were, their hand to God, when they lifted it up & swore: & what more solemnity can be used about the making of a Covenant than was used at the making of these? was there not here, as may appear to any who will but look back to what is said upon this subject in the second Section, a swearing unto the Lord with a loud voice & with shouting and with trumpets and with cornets? (as it were) as 2. Chron. 15: 14. The transgressing of those Covenants must then be a sin unparallelable. 12. Add to these. That it would be the breach of such Covenants against which there is no just exception why they are not of binding force; and this shall be made to appear in the 22 & 23 Sections following: And this will further aggravat the heinousness of this sin of breaking these Covenants. SECTION XXI. The great & dreadful hazard of perjury, or Covenant breaking, is demonstrated. HAving shown how sinful & heinous a crime it is to break Covenant, It followeth in the next place, that it be shown how God's curse & wrath cannot but be expected to follow the breach of Covenants. (though Matchiavell would make his admirers believe that such as broke Covenants did prosper thereby.) Very heathens can preach ●…orth this doctrine. That God will be avenged on false and perfidious Covenant breakers. Hesiodus speaking of oaths said, as Claudian translateth him. Clades mort alibus unde Adveniunt? quoties fallaci pectore jurant Whence may not men destruction fear: Who with deceitful hearts do swear. Cicero pro Roscio Comoedo sayeth [whatsoever punishment is apppointed by the immortal Gods unto perjured persons, the same is apppointed unto liars, for The Gods are wroth for the perfidy and malice whereby snares are laid for others in these covenants and again in his book de legibus, Llb. 2. he sayeth that the punishment with which God punisheth perjury is destruction, and man punisheth it with disgrace.] And Hesiod, as paraphrased by Claudian, sayeth. In prolem dilata ruunt perjuria patris Et poenam merito filius ore legit, Et quas fallacis collegit lingu parentis Has eadem n●…ti lingua refundit opes. Though perjuries God doth not visit On parents; but them long doeth spare: The children sure shall them inherit Their punishments deferred bear, Parents false tongues do riches gain Children them vomit up again. Homer Il●…ad. 4. showeth how Agamemnon inveigheth against the perjury of the Trojans thus, as he is paraphrased by one. Etsiperjuros violato foedere Troas jupiter e coelis praesenti haud puniat ira At quandoque graves magno cum f●…enere poen●… Hi cum conjugibus tum 〈◊〉 a stirpe rependent, Though perjured Trojans Covenant who break Jov' doth not plague from heaven, with present ire: Yet sometime shall he on them vengeance take Pay them & theirs, with increase of their hire. And again ●…bid. contemni numen olympi Haud impune sinunt Superi; sceira impia quanquam Distulerunt; culpas hominum gravior a morantu●… Supplicia i. e. The Gods they do not pass unpunished those Who with contempt, the heavenly powers oppose: Deserved punishments, though they delay, For greater crimes, plagues greater waiting stay. And I●…venall could say that such should not escape fore punishment, Sa●…yr 13. Nullane perjuri capitis, fraudisque nefandae Poena erit? abreptum crede hunc graviore catena Protini●…s; & nosiro (quid plus veli●… ira) ne●…ari Arbitrio, i. e. Shall to a false & perjured head Of fraud & treachery all made, No punishment appointed be? Believe me thou may'st this man see In weighty chains & setters bound; In triumph led, cast to the ground Then have him killed at will & pleasure Can all our wrath wish harder measure? Hence their fictions of Jupiter's fountane of Tyana: the waters in Sardinta & Bythynia; & the A●…dine well, which had several malignant influences upon perfidious persons; all speaking out what judgements they expected should follow the perfidious breach of Covenants. This same is held forth by their way of Entering into Covenant, such as their throwing away a stone, & saying per jovem lapidem thereby imprecating (and so expecting) that if they did wittingly & willingly break that Covenant jupiter might cast them away, as that stone was cast away: And their throwing of pieces of red hot iron into the sea, did import that they expected the Gods might & would so extinguish Covenant breakers: So also their wishing that God would so strike the Covenant breakers, as the public officer did strike or cut the beast; as Liu. hath it Lib. 9 showeth what they did look for, if they did break the Covenant. Beside that which natures light might teach Christians to expect from God as the due punishment of Covenant breakers. Scripture doth plainly hold forth that Covenant breakers shall not escape the judgement of God. He will not hold th●… guiltless that take his name in vaine. The judgement which followed the perd●…e of Saul in breaking the Covenant which was made with the 〈◊〉, some hundereds of years after it was made, may make Christians to tremble. So these sad threatenings against Zedekiah, Ezck. 17: 15, 16, 17, 19, 20. Shall he prosper? shall he escape, that doth such things? Or shall he break the Covenant & be delivered? as 〈◊〉 live, say eth the Lord, in the place where the King dwelleth that made him King— he shall di●…— he shall not escape. Therefore thus sayeth the Lord God, as I live surely mine oath that he hath despised, & my Covenant that he hath broken, even it will I re●…perse upon his own head, & I will spread my net upon him, & he shall be taken in my snare, & I will bring him to ●…abilon & will plead with him there. Such as break their Covenant & are bloody & deceitful men shall be brought down into the pit of destruction, & shall not live out half their days; Psal. 55: 20. Compared with, v. 23. That is a dreadful word, Neh. 5: 13. Also I shaken my lap & said, so God shake out every man from his house, & from his labour, that performeth not this promise even thus be he shaken out & emptied. Covenant breakers need expect no less then to be shaken out of God's house, for the Man that shall ascend into the hill of the Lord is that man who hath not sworn decei●…fully, Ps. 24: 3, 4. And he that shall ab●…de in the tabernacle of God, is the man who though he swear to his own hurt, yet he changeth not, Psalm 15: 1, 4. That is a dreadful word, Zech: 5: 2, 4. [the flying roll, the length whereof is Twenty cubits, & the breadth thereof Ten cubits— shall enter into the house of him that sweareth falsely, & shall remain in the midst of his house, & shall consume it, with the timber thereof, & the stones thereof.] And jer. 34: 17.— [behold I proclaim a liberty for you sayeth the Lord, to the sword, to the pestilence, & to the famine, & will make you to be removed into all the Kingdoms of the earth. v. 12. And I will give the men that have transgressed my Covenant— which they have made before me, when they cut the calf in twain & passed between the parts thereof. v. 20. I will even give them into the hand of their enemies & into the hand of them that seek their life, & their dead bodies shall be meat unto the souls of heaven, & to the beasts of the earth.] Doth not the Lord Mal. 3: 5. Say; That he will be a swift witness against falls swearers? And Livit. 26: 15, 16. he sayeth [He will appoint, terror, consumption, & the burning ague, that shall consume the eyes, & cause sorrow of heart] to such as will break Covenant. & again v. 25 he says I will send a sword that shall avenge the quarrel of my Covenant. Yea perjury occasioned the ruin & destruction of the Kingdom of judah for Zedekah the last King thereof was perjured & therefore was pursued by God, & sold into the hands of the Chaldeans. So did it occasion the ruin of the Kingdom of Israel, for Hoshea the last King of that state, was a Covenant breaker also. 2. King. 17: 3, 4. He became a servant to Salmaneser King of Assiria, & gave him presents, & yet thereafter he dealt falsely; for the King of A●…ria found a conspiracy in him, & he & his people in the ninth year of his reign were carried away to Assyria: & so both those Kingdoms of Israel & judah were ruined & brought to an end by the perjury of these two last Kings. So likewise the rites used at making of Covenants mentioned in scripture as, the passing betwixt the parts of the cutted calf jer. 34: 18. & Gen. 15: 17. say, that they wished (& so looked for) the like dissection to the breaker of the Covenant. As thus it is seen out of the scriptures of truth, how certanely sore judgements have followed, & will follow that sin of perfidy: So Profane histories abound with instances of God's pursueing this sin with sad & fearful judgements. And Florus sayeth Lib. 51: 52. That perfidy occasioned the destruction of the famous city of Carthage which did strive with Rome itself, in point of grandour, as also that it occasioned the destruction of Corinth of Thebas. & of Chalc●…s three famous cities of Greece. Hannibal was notoriously perfidious & (as Liu. sayeth Lib. 39) he goat a meeting; For though he had fled to prusiae for his life, & sheltered himself in a house having seven entries, & some of them under the ground; yet he could not escape, but seeing himself ready to be taken, he drank the poison which he had prepared, & so ended his days. So is it reported of Virius Campanus the senator, & Twenty seven others who having broken Covenant did expect no pardon, & therefore killed themselves, Liv. in his 29 & 30 book showeth how Syphax King of Numidia through perfidy lost both his Kingdom & his life: after he had made a league with the Romans, he Covenanteth with the Carthaginians their enemies, being seduced by the affection of Sophonisba daughter to Asdrubal & so went with them to battle against Scipio & being taken prisoner by Scipio he confessed he had done madly in waging war against the Romans & had broken Covenant: & by this means his Kingdom came under the power of the Romans. So Liv. showeth lib. 21, Carthaginians were overcome by the Romans, after they had basely broken Covenant, which Asdrubal, in their name, made with the Romans & had been observed all his days: And of this victory obtained by the Romans Ha●…no 〈◊〉 Carthaginian hath these expressions Mox Carthaginem ●…um sidebunt Romanae legiones, ducibus iisdem dlis, per quos priore bells rupta foedera sunt ulti— vicerunt ●…rgo dii hominesque & id de quo verbis Ambigebatur, uter populus foedus rupisse●…, eventus belli, velut 〈◊〉 judex, unde jus staba●…, ●…i victoriam dedit i. e. [The Roman legions shall besiege Carthage having the same Gods to be their leaders who in the la●…t war did avenge a brocken Covenant— Gods & men did overcome, & the event of the war, as a just judge, giving victory to them who had the best right, did decide the controversy, viz. which of the parties had broken Covenant before.] Herodotus relateth a story of one Cydias an inn keeper with whom one Archetimus left some gold to keep till he had returned from doing some business; When Archetimus required his money again, he denied that he had it, at length the matter is referred to his oath, & a day is apppointed for that end, against which day Cydias prepareth a hollow staff wherein he putteth all the gold, & feigneing himself to be sick, he taketh the staff in his hand, & cometh to the Church where he was to swear, & when he cometh thither, he giveth Archetimus the staff to hold, until he had given his oath: And when he did swear that he had given back all the gold which he goat to ke●…p, Archetimus was so offended that he did cast the staff to the ground in his anger, with such force as that thereby it broke in two, & the gold appeared, & the deceit of Cydias was discovered; Now what came of this Cydias? Malum vitae exi●…um habuisse dicitur sayeth our Author; It was reported he made an ill end. The same Herodotus Lib. 6. relateth another story of one Glaucus in Sparta, with whom Milesius left some considerable sum of money, & when after Milesius' death his Children came to seek the money, he denied that he had any money, & after they went from him, he went & consulted the oracle at Delphos, & there had this oracle, as our author rendereth the words of Pythias. Ast juramenti sine nomine ●…ilius, idem. Et manibus p. dibusque carens, subito advenit, usque, Dum omne●… corripiat perdens prolemque domumque, Oaths have an issue without name, Which hath no hands, of feet is lame, Yet it with force & speed doth post, Roots house & offspring from their coast. Glaucus' hearing this gave again the money; & yet shortly thereafter he & all his family was utterly extinct: And therefore juvenall 〈◊〉 Sa●…ir. 13. closeth this history thus. Has patitur poenas peccandi sola volunt as, Nam scelus intra se ●…citum qui cogitat ullum, Facti crimen habet. Thus was he plagued who never did commit The fact, only his will was bend to it; For who contriveth evil secretly, He of the fact is guilty really. Memorable is thehistorie of the perfidious dealing which john hus did meet with (as it it recorded by Sleidan in his comment: Fol. 43. Edit 1559.) who in October An. 1414. Was called by Sigismond unto the Council at Constance having the public faith engaged for his security, or a saife conduct granted to him, & within three weeks after he came thither, was made prisoner, with which Sigismond was offended, it being done in his absence: But being informed how there was no faith to be keeped unto heretics, he not only misregarded the petitions of the Bohemians requesting him to keep his promise; but also condemned the said john hus to be burnt, & his ashes to be scattered on the river of Rhine: Thus did that Emperor make shipewrack of his good name, who in another case said facilius rerum quam famae jacturam subibo. i e. I shall lose all before I lose my credit: And moreover there was a canon made that no promise should be keeped unto heretics, or to such as were suspected of heresy notwithstanding that the Emperor should engage his public faith, for their safety, when called to any Council: But what followed upon this perfidious dealing? When the report of the execution of john Husse & Jerome of prague spreadeth thorough Bohemia, there ariseth great tumults which draw to a war under the valiant & renowned johannes Zischa, which was so bloody & cruel that Sigismond was forced to implore help of the Empire. Memorable is that passage in the Turk's history, concerning the Covenant betwixt Vladislaus King of Hungary & Amurath for Ten year's peace, & the consequences of the breach thereof. This Vladislaus was moved by great Kings & princes, as well Mahumetans as Christians, & also by john Palaeologus of Constantinople, & by Francis the Cardinal of florence general of the Christian fleet, who showed him, how low Amurath was brought, & what fair advantages the Christians had; & Especially by julian the Cardinal, who had a long speech to this end, pressing him to break that Covenant, & having ended his discourse, in name of the Pope he disannulled the league & absolved Vladislus & all whom it might concern; Whereupon the war was renewed against the Turks & when battle was joined, near to Varna, the victory began to incline to the Christians, so that Amurath was thinking to flee, but was stayed by a private soldier▪ & when he saw the great slaughter of his men, beholding the picture of a crucifix in the displayed banner of the Christians, he plucked the paper out of his bosom which did contain the late league, & holding it up in his hand, with his eyes cast up to heaven, said. Behold thou crucified Christ, this is the league, which thy Christians, in thy name, made with me; Which they have without cause violated: Now if thou be a God, as they say thou art, and as we dream, revenge the wrong now done unto thy name, and me; and show thy power upon thy perjurious people, who in deeds deny thee their God. A little thereafter Vladislaus is killed, & his head is stuck up upon the point of a spear, his army is broken, julian the Cardinal is found mortally wounded by the way side in a desert; Scarce the third part of the Christian army escapeth: And long after this the war with the Turks had very ill success. It is reported of Rodolphus duke of Suevia that being instigated by the Pope, he waged ware against Henry the 4th Emperor of Germany, contrary to his oath, having a crown sen●… to him with this Motto. Petradedit Petro Petrus diadema Rodolpho, The rock gave't Peter, Peter so, On Rodolph, doth this crown bestow, But in fight Rodolphus lost his right hand, & falling sick he called for it, & said ●…ehold this my right ha●…d which hath suffered a just judgement, which through your Importunity contrary to all equity broke that oath which was given to Henry my Lord and master. Fuller in his history of the holy war speaking of the causes of the many losses which the Christians had in that undertaking sayeth [How could safety itself save this people 〈◊〉 bless this project so blackly blasted with perjury, a sin so repugnant to moral honesty, so injurious to the peace & quiet of the world, so odious in itself, so scandalous to all men▪ to break a league, when confirmed by oath (the strongest bond of conscience, the end of particular strife, the soldier of public peace, the assurance of amity betwixt divers nations) is a sin so heinous that God cannot but most severely punish it— no wonder then that the Christians had no longer abideing in the holy hill of Palestine, driveing that trade wherewith none ever yet thrived, the breaking of promises wherewith one may for a while fairly spread his train, but will melt his feathers soon after. The fabric must needs come tumbling down whose foundation is laid in perjury. In the history of Scotland there are several memorable passages to this purpose, When Durstus the eleventh King was pursued by the Nobles for his wickedness, & had promised to amend his manners: He did solemnly swear to pass in oblivion all by-gones, but thereafter he treacherously killed the nobles, at a feast unto which he had invited them. But what followed upon this? The body of the Land rose up in arms against him, & he was killed in battle. Thus did God pursue him for his perfidy. It is recorded by Buchan: on the life of Gregorius that the Britan's after they had made a peace with the Scots, did break their Covenant, & invaded the Scots; But divine vengeance pursued them for this; for they were broken & defate by Gregory at L●…maban & their King Constantin was killed. Memorable is that story of Balliol who to get the Kingdom promised & swore subjection unto the King of England, & thereafter having received some ●…ussle at the court of England, (for being accused by one McDuff, he was constrained to stand at the bar, & there to defend himself) he reneweth the old league with France, & casteth off England contrare to his oath; alleging that he was forced to give that oath, & that albeit he had done it willingly, it could not stand, because he had not the consent of Parliament, without whose consent the King might do nothing in matters belonging to the whole Kingdom: But these shifts could not clear him from perjury, nor free the land from wrath, because of that sin; for war was raised, & at Berwick above 7000 of the Scots were killed, even the flower of the nobility of Lothian & ●…ife. The castles of Dumbar Sterline & Edinbrugh were taken, Balliol himself was at length apprehended & sent prisoner to London, all the nobles were called by King Edward to Ber●…ick, & there were forced to swear subjection to him: And thus was the Kingdom keeped at under a long time by the Englishes, save what liberty was obtained by renowned Sir William Wallace, but this did not last long; for Scotland was again subdued, & King Edward called a Parliament at St Andrews, where again, all the nobles (except Sir William Wallace) did swear allegiance unto him, & this was the sad fruit of perjury which made the land mourn many a day. When Cumin & Bruce made a compact together at London for to endeavour the liberating & delivering of the Kingdom out of the hands of the Englishes, & had given an oath of secrecy & faithfulness to other; Cumin perfidiously did reveal the matter unto King Edward, but for his treachery God pursueth him, for ere long he is killed by Bruce in the Church of Drumfries. About the year, 1447. England breaketh their promise of truce unto Scotland & useth some incursions to spoil Scotland, But being paid home by the Scots, it draweth to a war on the south borders, & there England is foiled, & looseth 3000, beside many prisoners, & the Scots obtain a great booty; for the English did certanely expect the victory, & therefore came forth, more for pomp & glory then for fight. About the year, 1535, the King of England sent to Scotland to commune with the King, about some solid peace & agreement for the time to come, & offered to K. james. 5. Then unmarried his daughter, & to make him King of great Britain after his d●…ath, & in the mean time to give him the stile of the Duke of york: King james pleasing these proffers, assenteth & c●…descendeth on a day, on which he should meet with the King of England, & accord upon all matters. But at the instigation of the popish-Church men & other courtiers, who were driveing on their own d●…signe, he breakeh his promise, with the King of England: And when, Anno 1540 Ambassadors were sent again from England to desire that the King would go to York, & there treat with the King of England, conform to the last agreement. The priests stood in the way here also, with which the King of England was offended, & resolved to raise wars against Scotland. The result of which war, was, that at length the scottish forces were all scattered & broken, at the report of which defeat, the King was so grieved & vexed that within few days he died. Again when King james 5. Dieth, the King of England, communeth with the Scottish prisoners, whom he had taken at the last battle, concerning the marrying of his soon, with the young Queen King james his daughter, & when they promised to do what they could, without wronging either the public good, or their own credit, he sent them home, appointing them to leave some pledges in their room at New castle. This was in the end of the year 1542. when the Parl. conveened in March next the business was concluded, & thereafter the contract was signed by both Kingdoms & solemnly subscribed in the abby of Halirood house, & the sacrament was broken, (as the form was) betwixt the Governor of Scotland, & Mr Sadler Ambassador from England. But the old Queen & the Cardinal, being against the match, stir up all to a breach, & persuade those who had been prisoners in England, not to return thither, to relieve their pledges; only the Earl of Cassiles (from whose constancy & faithfulness the Earl who now is, is not degenerated, but as his predecessor was sole in keeping Covenant, so is he singular) went, according to his promise & relieved his own pledges, & being approven by Henry for his constancy & faithfulness was freely set at liberty & sent home. But what followed upon this breach of Covenant? Many sad intestine broils and commotions, tending to the weakening & breaking of the Kingdom, & at length King Henry took occasion to avenge this breach of Covenant, & sent his Navy towards Scotland landing ten thousand men at Leth who did burn Edinb. & many places thereabout; & again his army did enter the borders & waste & burn all about Kelso & jedburgh & thereafter they spoil & waste all the Mers, Teviotdale, & Lauderdale & some years thereafter, viz. Anno 1547. He sendeth, a great army again into Scotland, & when it lay about Pinckie, there was a letter sent unto the scottish forces, showing the ground of the war not to be avarice, hatred, or envy; but a desire of a firm & ●…asting peace which could not otherwise be had then by the marriage which was proposed & assented unto, by the Estates, & an agreement thereupon sworn & subscribed; But the scottish army would not hear of this but resolve on battle, & at length were overcome & suffered great lose; For almost all the young nobleman of Scotland with their friends & followers were killed. This 10. of Septemb. 1547. may yet preach unto Scotland, how God will avenge perfidy, & all the nobles and others of Scotland who have now broken Covenant may remember pinckie field. The french History showeth us what way the Lord avenged the bloody perfidiousness of Charles 9 who had broken five or six several pacifications & conclusions of peace, solemnly made & ratified, betwixt him, & the protestants: For he was smitten with a vehement disease causeing him to wallow in his own blood, which he vomited out in great abundance, by all the conduits of his body, for divers hours, till he died. And how Henry the 3. Who had been perfidious in breaking the articles of peace, concluded with the protestants, first about the year 1576. (where among other things he avowed by solemn declaration that the Massacre committed Anno 1572. was against all right & law of arms) & then again An. 1580. Was stabbed in the belly with a knife, by james Clement a jacobin Friar, in the very chamber where the former King contrived that Barbarous massacre on S. Bartholomew's day Anno 1572. Any who is well versed in History may fill up many pages with such sad & lamentable Histories, concerning Gods avengeing Covenant breaking: these which have been mentioned, may suffice for a taste. SECTION XXII. The solemn league & Covenant vindicated: And the author of the seasonable case, & caet Answered. THe last thing which remaineth, is to show the vanity of their pretensions who plead the nullity or non obligation of those Covenants. It is matter both of admiration, & of grief & sorrow, that there should be any found within the Church of Scotland, who had so far forgotten themselves, as now to turn not only enemies to piety & Christianity, but enemies also to very humanity, & not only break Covenant-tyes themselves, but also teach others to do the fame, & that without any fear of punishment either from God or man. But God who is Jealous will not be mocked, let men dream of exemption as they please & by sophistical chifts think to blind their own eyes & the eyes of others, God, who will not hold them guilt less that take his name in vain, will, no doubt, by sad answers from heaven, discover the impiety & folly of these patrons of profanity & inhumanity. Several in the Kingdom of Engl. have vented their skill in that black art of looseing the bonds of sacred Covenants. But their principles tending to all profanity have been sufficiently discovered & answered by Ms Crofton & Timorcus. & there is one in Scotland who in a late pamphlet entitled, The seasonable case of submission to the Church Government, etc. trieth how far his skill will reach in this art. O how fitly may that of Plautus be applied to this generation Nostra ●…t as non mul●…um fidei g●…rst. Tabulaeotani●…r, adsunt 〈◊〉 d●…odecim. Tempus ●…cumque s●…bit actuarius. Tamen inven●…r Rh●…r qui factum negat. This age wherein we live is void of faith For writes are signed, twelve witnesses before, The notar writt'th both time & place, what more? Yet come'th a man of words who all deny'th. But who the author is, who can tell; For though the pamphlet be published by order●…, & so countenanced by authority; Yet he putteth not to his name, being (as would appear) ashamed to patronise such a bad cause: & lest of all can he be known by the description he giveth of himself in the frontispiece, 〈◊〉 lover of the peace of this Church & Kingdom unless he mean such a peace, as is the plague of God upon the heart, filling it with senselessness & stupidity, & lulling it asleep in his just judgement, because of the palpable breach of a Covenant: Or such a peace as is very consistent with the curse & vengeance of God pursueing the quarrel of a broken Covenent. But whoever he be he trieth his skill & strength in pulling down both the solemn league & Covenant (with which he both beginneth & endeth) & the national Covenant (which he fighteth against on the buy) & his strength in this matter must be tried. In dealing with the Solemue league & covenant he layeth down three main grounds. The first is this pag. 22. That an oath howsoever in itself lawful yet the case may be such, that by something following after, it may cease to bind, yea the case may be such that it can not lawfully be keeped. It will not be necessary to examine this, at any length, as it is here set down; but it will be sufficient to examine it, in so far as it maketh for the purpose in hand, & that will be, by examineing Whether the cases wherein he allegeth this holdeth good, will suit the Covenant now under consideration. He mentioneth three cases. The first is this When the matter of an oath is such as doth belong unto a superior to determine in then the oath of the inferior ceaseth to ●…blige when the superior consenteth not to what is sworn. This is both agreeable to reason; because no deed of the inferior can prejudge the right of the superior, & also sound divines do acknowledge this, upon the common equity of that law Numb. 30: 4. Unto which these things may be replied. 1. Whether the relation betwixt subjects & Magistrates be so straight, as is the relation betwixt parents & Children & betwixt hu●…band & wife, may be some what questioned, as to the matter in hand, the one being natural, the other but political; the one such as cannot be changed at will, the other such as may; A man may Choose to live under what Magistrate he will, but a woman cannot cast off her parents, & her husband when she will, & take others: & therefore there may be a greater latitude allowed in the one case, then in the other, & whether Magistrates & subjects come within the compass of that text Numb. 30 May be questioned also, seeing there is nothing in the text hinting at this; Yea though Moses be speaking to the heads of the tribes, concerning the Children of Israel, yet he maketh no mention of this case, nor of any other except of two, viz. a woman under a husband, & a woman not sorisfamiliat: & though analogies may be allowed in some cases, yet there ought to be a clear ground out of the word, for such analogies as will found an argument against the obliging force of oaths; such analogies, as will warrant consciences in this case had need to be very clear & undoubted. 2. Though this analogy were ganted; yet this case will speak nothing to the point in hand, unless it were proved that there were no civil Magistrates in Scotland beside the King, & that all, Even the Estates of Parliament conv●…ened in Parliament were subjects, & nothing else but subjects; & so though the Parliament, & all the land at the command of the Parliament should take an oath, it should not bind, if the King dissented therefrom. But there is enough said above to show that supreme soveragnitie, did never so reside in the Kings of Scotland, as that Parliaments even in their Parliamentary capacity were no sharers thereof, And this one thing is enough to disprove this fancy, viz. That the legislative power, which is an eminent part of severaignitie, did always (in pa●…t at least) belong unto the Parliament of Scotland; for they statute & ordain, together with their sovereign Lord; & therefore they are called the Acts of Parliament: Yea without a Parliament the King can make no laws, yea nor can he make a law without all the Estates of Parliament. But of the power of the Parliaments of Scotland in making laws, yea & over the King himself, enough hath been said: & therefore this case doth not concern the matter in hand. 3. Let this be given, though it cannot be granted: Yet this case will not help his cause; because it can hold good in no other things, but such, in which the inferior is subordinat to the superior, & is by the law of God subject unto him, as the daughter, in the matter of her marriage, or the like, is subjected unto her parents; & the married wife, in the disposal of domestic goods & affairs, is subjected unto her husband: but in matters of religion & in moral duties, no wife is so subjected unto her husband nor daughter unto her parents, as that they can lose the obligation of their vows & promises; Yea in this case it will be easily ganted that inferiors may vow & Covenant, not only without, but even against the command of superiors, for it is always better to obey God then men; Now it hath been shown above that these Covenants are about moral duties & matters of religion wherein inferiors are not to wait upon their superiors, But must advance whether they will or not. But to this he replieth Pag. ●…3. That such as plead the obligation of the Covenant in the matter of Episcopacy must suppone that it is indifferent or not unlawful, for if by God's word 〈◊〉 be found unlawful, then whether there had been a Covenant against it or not, it cannot be allowed. It is Answered. 1. It will not be a fit place here to launch forth into the disput concerning Episcopacy, & more is already said against it by many famous & worthy divines, then is, or in haste will be, Answered, & as for what this Author is pleased to say for it, & against presbytery else where in his pamphlet, it is but that which hath been said & said over again, by others before him, who knew to put their arguments, in a better dress than he doth, & is sufficiently answered by others: but if he had brought any new arguments forth to the field, it had then been fit to have taken some notice of them. But 2 whereas he thinketh that such as plead the Covenant obligation, must suppon that Episcopacy is a thing indifferent, & that presbytery is nothing else, he runeth alone without the company of any casuist or divine, for all do grant that an oath may be de re l●…cita & possibili concerning a matter lawful and possible, and particularly that it may b●… about a matter morally good, & that in things morally good, an oath hath an obliging force: ad quae praestanda sayeth D: Saunder s●…n de jur, pr●…m: obl: p●…ael. 3. §. 6) vel injurati tenemur, jurati multo tenemur magis, accedente scilice●… ei quaepraefuit, ex praecepto, nova obligatione, ex jure●…urando, i, e. for the doing of those things which we are bound to do though not under an oath, being under an oath we are much more bound, for to the former obligation ariseing from the command, there is a new obligation added, ariseing from the oath Had not the Covenants & oaths which the children of Israel swore, concerning moral duties, the law & the worship of God, an additional tye & obligation? jer. 50: 5. jos. 24. Deut. 29: 3. By this means this author would take away this piece of God's worship & service, of vowing & swearing unto him, for it must either be about things necessary or about things indifferent: But he will have no oath or vow made about things necessary, because (says he) that is needless; nor will he have any oath or vow made about things indifferent, as shall be seen afterward; & so if he speak truth, there ought to be no vows or oaths, at all. 4. But why may not people look even to the Covenant obligation, in things determined by the word? Doth not God lay the breach of Covenant oftentimes unto the charge of his people? & doth not this say that they were bound to look to their promises & obligations? It is true that oaths & Covenants should not be the only ground upon which to plead the lawfulness of such or such things; yet these promises vows & Covenants, aught to have their own secondary place. So then, it is a poor thing to say that such as plead, for the standing force & obligation of the Covenant, must suppone that Episcopacy is a thing indifferent; for by this same reason, they must suppone also that the other great duties, which are engaged to, in that Covenant, relating to true religion & a holy life, from which (himself sayeth, Pag. 37.) no power on earth can lose, & to which they are indispensably tied, are of an indifferent nature; which were most reasonless & absurd. 5. This is a hard case unto which this author would bring the Covenanters, viz. That either they must quite the obligation of the Covenant, or else say that all those particulars sworn to, in the second article: (which is the article he mainly instanceth) are but matters of indifferency and consequently say, that not only prelacy in its height, as hierarchical, but popery heresy, schism, & every thing which is contrary to sound doctrine & the power of godliness, are matters of indifferency. But would he say so in his own case. If one who had taken the oath of allegiance, or fidelity, to his lawful prince, or the oath de fideli administratione, in some office or other, should afterward allege that these bonds did not bind him, for either the matter there obliged to, was a thing indifferent, & if so, he was not bound to wrong his liberty, or else duties antecedent to the oath, & then the oath, hath no force on him, & he is no way perjured, though he cross a hundred of those oaths: Now what will this author reply in this case; hath he not (as it is usual for such as plea●…d for error) in seeking to wound the Covenanters, killed himself, & what evasions he findeth out for subjects to reject all the bonds of oaths imposed by superiors, every one seeth: And whether in so doing he doth his Maj. good service, & Acteth the part of a loyal subject, and faithful casuist, any may judge. But to proceed in the examination of the case set down 4. Let this also be given unto this Author, though it may not be granted, he will not gain his cause for let it be supponed that Episcopacy is a thing indifferent, will it thence follow that the Church may not determine, in a matter of indifferency, concerning Church government, without the supreme Magistrat's express consent? Whether is the Church or the Magistrate, the fittest judge of that government, which best suiteth the Church, & tendeth most to edification, & is most expedient? whether are the Churches that live under the Turk, more able to judge of the most expedient edifying way of Church government, or the Turk himself? If he reply That he speaketh of Christian Magistrates. It is answered That heathens are as essentially Magistrates, as Christians are, & that text Numb. 30. groundeth no more an analogy for Christian Magistrates, then for heathens: And if that be a law, than he would remember that non est distinguendum ubi lex non distinguit, & that Christians may be subjects unto heathen Magistrates, is beyond all question: And therefore if this argueing hold good, a Christian Church living under the Turk, might not vow to maintain and follow such a form of Church government, as they judged most agreeable to the word of God, most advantageous for the ends of government, because, forsooth, it were a prejudging of the right of the great Turk their superior. If he reply that the case is altered because of the Turk's granting liberty unto these Churches, to do in these things as they think meet Ans. Then the Turk is a better friend unto the Church, than the Christian Magistrate; & it were better for the Church to be under the Turk then under a Christian Magistrate. 5. Let all this be yet granted, by way of supposition, he will not gain his point, for their oath in this Covenant doth not prejudge the right of the superior; because they swear only to endeavour, in their several places & callings, such & such alterations, & what encroachment can this make upon the superiors right? May not a wife or a daughter swear, in their places, & according to their callings, to endeavour the alteration of such or such a thing in the family, & yet never attempt it, without the consent of the parent or husband? May not here oath be lawful, & bind h●…re to use all fair & lawful means to move & incline the parent or husband there unto? So that what ever he be pleased to say, of the way of Scotland their carrying on that business (in which how sowlely he erreth, may be shown hereafter) were it granted to him, will make nothing against the Covenant, concerning the obligation of which, is the difference now. Till than he make it appear that the Covenant, as worded, did directly prejudge the right of the superior, his alledgiance is frivolous. & groundless. 6. This might be granted to him also (which yet cannot be done) & his cause gain no advantage, & that for this reason; Because that place Numb. 30. Exponed accord-to his own gloss & commentary, maketh for the Covenanters every way: For. 1. They had no open dissent declared: It is true there is mention made of a proclamation declareing it unlawful to enter into that Covenant but Mr Crofton in his Analepsis Analephthe. Pag. 120. sayeth that it was not regular, being done without the advice of his Council, who are vailed by the session of Parliament, & showeth also how it was a breach of privilege. But as to that, this may satisfy. That as that proclamation did not annul the act, but only prohibit it, so it did not concern them in Scotland. Now if the parent or husband hold his peace, the oath is confirmed requiritur (sayeth doct Sanders. de jur. prom. obl. 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 & prohibit the same; by his full power and authority. 2. Doct. Sanders. ubi supra prael. 4. §. 5. sayeth that a tacit consent will suffice, that is to say (sayeth he) When he who sweareth may in probability presume that the superior, would not refuse it, his consent were asked. Now had not Scotland this tacit consent, when some years before, the King had ratified Acts of Parliament, discharging Church government by prelates? yea more, they had a formal & express consent (having an Act of Parliament made by King & Parliament against the prelates) 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 pass, 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 yield, 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 shown above) did solemnly own 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 again displease him. But to this the author replieth thus. It would be considered if it was the Lord's mind in that law, That if Children or wiver having vowed, should by some means drive their parents or husbands out of the house,— and bargain with them either to ratify their vows, 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 hi●… consent, than 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 bind, if the matter be lawful, otherwise, all oaths might be evited, by alleging that force const●…ined to it: Even the oath of allegiance might be question●… 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 no●… Zedeki●…h's oath to Nebuchadnezzer forced? Doct. Sa●…d. his determination in this may satisfy. He ●…bi supra Pr●…l, 4 §. 5. sayeth. 2. If the matter required by force or sad fear, be not unlawful nor injurious to any, but only some what disadvantageous to the s●…er, as if one travailing should fall among robers' that with drawn swords, would thre●…ten his life unlesse●…e would promise them such a sum of money, with an oath: In this case it is lawful both to promise the money, & to confirm the promise with an oath. 3. I say such an oath doth oblige. And he giveth these reasons why the oath obligeth. 1. Because ●…e sweareth a thing lawful & possible. 2. He did choose that which seemed best for that instant. 3. What is promised for a certain end should be performed when the end is attained. Yea which is more, an oath into which one is cheated (in which there is less real will then in an extorted oath) obligeth, as that to the ●…ibeonites. So than if an oath into which one is forced doth oblige, much more will a consent to an oath stand, though exto●…ted by fear, especially seeing 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, seeing it was conscience to that Covenant that moved Scotland to call home the King, after that the Covenant breakers had taken away his father's life, & had banished himself: And how can this shameless man say (as he doth pag. 24.) That the Covenant was contrived & carried on, as if the design had been laid to extirpate 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 speaking) prelacy was rooted out of Scotland. But he will reply. That Scotia d did suspend this King from the exercise of his royal power until he consented, which was an unparallelled way of usage from subjects to their sovereign. Ans. This Gentleman would speak sparingly, lest he run himself into a praemunire; for the Estates of Scotland did nothing but what the laws of the land allowed them to do. There was an act of Parl. Parl. 1. Act. 8. K. jam 6. enjoining the King at his coronation to swear to maintain the true religion of Christ jesus, & to rule the people according to th●… loveable laws & co●…stitutions received in this rea●…me, & to procure to the uttermost of his power, to the K●…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. swear the same? It is true that both the national & solemn 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 & approved by King Charles the first himself, being personally present Anno 1641? & so, was not this a received & an approved law, as full & formal, as ever any law made by any Parliament in Scotland was? And what wrong was it then to put this King to swear to rule them by their own approved & allowed laws? 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 allege, or take it for granted that the Scots dealt uncivilly & disloyally with their prince in this business? & the reader must be entreated to look on that escape, as flowing from no ill will which they carry unto the Estates of Scotland, but merely from want of information, though it had been wished that they had forborn to have vented in public any such reflection, until they had been better informed. But further, to go 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, fort●… viro vispossit adhiber●… as if a slout and constant man could be forced unto any such thing: & with Doctor Saunder s●…pius esse nequit qui non est fortis, he who is not thus stout and constant can not be a godly man. But now seeing it hath pleased his Maj. to declare unto the world in print, that he did swear that Covenant against his will, all are bound to give him credit: But withal this must be said; That Scotland is at a great loss, 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 enjoined to be sworn by the 1. Parl. of King jam. 6. against his will: & upon this ground it may be alleged, that he is not now bound to maintain the true reformed religion, not yet, to rule the land, by the laudable laws 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 superior once given to the vow of an inferior, he hath no power to revoke his consent upon reasonable causes, and to make void the vow: Lessius thinketh the precept is eatenus judicial Ans. He would gladly put to his Amen unto this if he did not fear to be hissed at: What Lessius or any of his stamp say, is not very material: But whereas he thinketh that that part of it is judicial, he had done better if he had given one word of reason for it: But if he thinketh that that part of it is judicial, what if others think that the rest of it is judicial also, & so it be wholly laid aside as judicial? But who ever these great scholars are who think that the superior 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 virtue, piety, faith, religion or integrity; yea that it is dangerous to them to use those always, & that it is necessary sometimes for them to do contrary to their faith and promise and turn with the wind) would teach Kings to take their word again when as. nudo jus & reverentia verbo Regis inesse solet quovis juramine major. King's words have weight & great respect, More than all oaths which men exact. & undertake to maintain that maxim, that [principi ●…ihilest injustum quod fructu●…sum. That a prince can do no wrong whatever he doth, if it be for his own gain] seeing Solomon that wise, King sayeth Prov. 17: 7. That [lying lips become not a prince, & the emperor Charles 5. when questioned by ●…udovick palatine of Rhine why he would not break his promi●…e to Luther, said, That though faith in keeping of promises should be b●…shed out of all the world; yet it should remain with the Emperor] But Doct Sanders a better casuist than this author, resolveth the case otherwise ubi supra pr●…l. 7. § 6. saying 3. if the super●… hath once confirmed the promise by his express consent ●…edent or subsequent he cannot afterward make that promise void and null, or lose its obligation] Now it was shown before, That the Scottish Covenanters had more than 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 inferiors to do any thing, contrary to the oath: and what sayeth this author unto this? He sayeth for sooth [That it is granted, unless upon some other ground there be a clear looseing of the superi●…urs oath, & a ceasing of the obligatii●… of it] Ans. Spect●…um admissi, r●…sum teneatis amies. Seing he had a mind to say this why hath he troubled his reader all this while? What these other grounds are he hath not yet shown, & this is a fair confession, that he hath been beating the wind; & 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 om●…n in ●…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 sinful, as the delivering of the sword into the owner's hand, when turned mad; or importing some turpitude, or something against moral honesty, as marrying of a woman, after oath discovered to be with child to my brother, or anyother man, than the obligation of the oath ceaseth & so is the case here, (sayeth, he) some thing occurreth now, which maketh that without sin we cannot perform that oath, for (suppo●…ing the indifferency of prelacy we cannot perform that hath without disobedience to the Magistrate in a matter wherein he hath power to command; no oath can bind, sayeth Perkines, against the wholesome laws of the common wealth, neither is it material whether the laws be made before, or after the oath, b●…th ways the matter of the oath becometh impossible de jure, and though in indifferent things of private cońcernment, an oath may take away liberty: Yet a subjects oath cannot take away the power of the Magistrate in things not unlawful, nor binder subjects from obedience; otherwise subjects might find away to plead themselves free from obedience in all things indifferent] This is the sum of his discourse unto which it is Ans, 1. The ground of this is yet questioned; for it is shown that as to the 2 Article, about which most of the contest is, the Covenant is not about things indifferent, but things morally evil, as is uncontroverted in all points save that of prelacy, and to take it for granted that prelacy, as there abjured, is a thing indifferent, is more than any adversary will yield to him. 2. Be it granted that such a government as is there abju●…ed, is not expressly against the word of God; yet a thing indifferent, may become inconvenient & inexpedient, & an oath made concerning those things, may be undoubtedly good & lawful. 3. If this doctrine of his hold good, It shall be hard to know what matter it should be, about which, an oath should be taken; for he said before, that an oath hath no force in matters morally good; and it is granted by all, that an oath hath no force in matters sinful, for it cannot be vinculum iniquitatis; & here he sayeth a man may not swear in things indifferent, if they be such as come under the compass of legislators, and thus he doth much to banish all religious oaths out of the world, 4. Will no oath bind, which is against the laws of the land? then what if a man in strait for money, shall borrow & promise with an oath, to give more annual-rent therefore, than the law of the land will allow; will not his oath bind him? What if the law of the land be against the giving of any money unto robbers; Shall not a man who is taken with robbers, & who to save his life promiseth with an oath to give them such a sum of money, perform his oath, merely because it is against the law of the Land? But as to this controversy let the reader consult such casuists as have spoken of it, whose names are set down by Timorcus in his Covenanters plea cap. 6. or if he please let him consult Doctor Sanders. who the jur pro. oblg. prael. 4. §. 17. proveth it lawful enough, & whatever be said of this: That which Doct. Sa●…ders. sayeth ubi supra Prael. 3. §. 9 may be noticed. It may be (sayeth he) that some cases may be given, in which, an oath which seemeth contrary to some law of a community, or calling, though it ought not to have been taken, yet being taken, may oblige; as for example, in a law whereunto a penalty is annexed disjunctively, & in this case he thinketh the oath should be keeped & the law should not be obeyed, but the penalty should be paid, & this is enough for those who stand for the Cou. 5. If oaths made against the wholesome laws of the common wealth bind not, oaths made against the ●…unwholsome laws of the common wealth will bind, & in that case, without all doubt, people are bound to stand to their oath, & resolve upon suffering before they yield obedience: And whether any law made about prelacy be wholesome or unwholesome, is sufficiently determined in the premises, & by the grounds upon which the legislators did go, when they reseinded all acts made in favours of prelates & their power 6. This oath (even as to the 2. Article which ●…is most controverted) was not against, but conform unto the wholesome laws of the land; for before that the league & cov. was sworn there were standing laws against prelacy, & acts ratified & approved with all formalities, & published with all usual solemnities, according to the King's own command & warrant; & therefore this case doth not come home to the case in hand. But he sayeth it is not material whether the laws be made before, or after the oath. And that is a very strange thing; for a law not yet made, is no law, & an oat●… taken in a particular about which there is no law yet made, can not be an oath against a wholesome law of the land: And to ' say that a law made afterward may lose the obligation of an oath, is a very ready way for opening the door to all perjury, & to cast all oaths lose; for when once a man hath sworn to his own hurt, & would gladly be rid of his oath he hath no more to do, but acquaint his superior, & he will make a law for the contrary, & so he is at liberty; But will such sigleaves cover the nakedness of perjury? Or will such shifts satisfy in the day of reckoning? Dream of those things who will, God will not be mocked? Doct. Sanders. a better casuist than he, ubi supra Prael. 3. §. 18. giveth a better resolution, saying if after the oath, the statute should be abrogated, or antiquated, the oath, as to that statute ceaseth, so that he is not bound by the oath to observe that law any more, ●…lesse (N. B.) the very thing contained in the oath be sworn to, expressly; in that case though the statute, be removed: the obligation of the oath standeth fast. And that is enough for the Covenanters. 7. Though it were granted (which will not be) that inferiors could not take an oath in those matters that fall under the power of legislators to enact laws about, or if they did swear, were not obliged to perform, what they swore; yet if legislators themselves swear that such a thing (suppon it be but indifferent) shall never be enacted in a law, will not this oath bind those legislators? What will this advocate invente in this case, as an open door at which, both King & Parl, may escape, for both King & Parl. in their kingly & parliamentary capacity have abjured prelacy? 8. Why may not inferiors swear when they find any law grievous & burdensome, to endeavour according to their place & power to have such a law or Act altered? & why may not such an oath oblige? This is not an oath properly against a law: & because here the dominion of superiors over inferiors is sufficiently reserved, this cannot be condemned. 9 He mistaketh that case of casuists quando res non permanet in eodem statu. When he applieth it to the purpose in hand; for prelacy is the same now which it was when first abjured, there is no conveniency or law fullness seen in it now which was not seen before; Yea on the contrary it appeareth worse than ever: So that if he would stand to that rule, quando res non permanet in eodem statu: when the state of the matter is changed. Though they had sworn to maintain prelacy (as now they have abjured it) their oath could not bind them now to own it; Because it appeareth now so deform & abominable a monster & a cockatrice seeking the ruin & destruction of all which cometh with in its reach. 10. what doth this author think of the oath made to the Gibeonites? Was there not a change of the Estate of affairs there, when within three days they were discovered to be liars, & that they were not a people that dwelled a far off, but such as did dwell among them, & yet the oath must stand valid & firm: Yea was there not an express prohibition to make any league with these Canaanites? Exod. 23, 32: 33. & 34: 10. Deut. 7: 2. & 20: 16. & was not this a wholesome law? And yet the oath must be keeped, this law being a particular command, & so far only, to bind the conscience, as it might be obeyed without any breach of the moral law; as in Rachab's case it is evident (as sayeth, Mr jackson in his annotations on jos. 9: 18.) How will this advocate reply to these things? If he stand to his principles, he must condemn josua for keeping that oath. Moreover was not the oath of Zedekiah against the fundamental laws of the land, seeing it was tendered to him, that the Kingdom might be base, Ezek. 17: 14. & yet being taken it must be keeped. So then his second case will not make much for him. The third is, in short, this [When it hindereth a greater good, if the standing to it, be found impeditive of a greater good to which we are bound by a prior obligation, than the oath ceaseth to bind; & so is it here; for supponing the indifferency of episcopacy, by adhering to the oath, we hinder our own obedience to the Magistrate in things not against God's law, unto which we are preobliged; as also it hindereth the great duty of preaching the Gospel, unto which Ministers were bound, before the taking of Covenant] Ans, 1. This man would disput strongly if he had his will, and if men would yield him all which he demandeth, he would fight wonderfully. Grant him once that Episcopacy is a thing indifferent, & you see how he will disput to admiration, for the looseing of all Covenants; but i●… that be not yielded, what will he do then? He hath no more to say, for all his arguments run on this supposition, & when this ground faileth, all is wrong with him. But to discover his weakness yet more, let this once again be granted, & let it be supponed that Episcopacy is not against God's law, yet it is Ans. 2. If this ground hold good, men shall have a door opened for looseing of 〈◊〉 from all their oaths & vows. Himself con●…esseth that by this means, a wide gap may be opened to all perjury, & what course taketh he to prevent this? Doth he limit 〈◊〉 this position in any thing? No not to all, for all this hazard which he cannot but see. May not any at their pleasure lose themselves from the oath of allegiance, by alleging that the keeping thereof doth hinder a greater good to which they are bound by a prior obligation, viz. the liberating, & freeing of the country from oppression & tyranny? 3. Had not joshua more to say for looseing of his oath, seeing the keeping of the oath made to the ●…ibeonits did hinder obedien ce unto a particular command which God had given unto his people, & yet God would dispense with that particular command in this case, when it could not be obeyed without perjury, which is directly against the law & light of nature, & when the obeying thereof would have given the heathens great occasion of blaspheming the name of the Lord; though he will not dispense with the breach of any moral law upon that account. 4. Had not Zedekia●… as much to say, for the looseing of himself from his oath? viz. that the keeping of the oath did hinder him from performing that duty to his Kingdom & country, unto which he was preobliged ' But this new coined divinity was not of force in those days, & his bare word will not make it pass now with tender consciences. 5. What is the greater good which it will hinder? It will hinder (as he thinketh) their obedience to the civil Magistrate. But are all bound to obey the Magistrate in all things that are indifferent? Doth every law of the Magistrate bind the conscience? subjection, it is true, is necessary: but not obedience Active, & subjection may consist with obedience passive, that is, in suffering the penalty, when Active obedience cannot be given to the command: passive obedience is consistent with the public peace, & doth no way hurt the majesty, honour or credit of the ruler. So that though standing to this oath, may now hinder Active obedience unto that command of the Magistrate, enjoining, a countenanceing of, & a concurring with the abjured prelacy; yet it will not hinder subjection or passive obedience, & this is all, which in those positive indifferent things they can be said to be obliged unto, unless he would say (which yet he dare not) that the prelacy which was abjured, is a government commanded of God to be perpetually practised in the Church. 6. It would be considered also that their standing to this oath doth no way hinder their obedience to the Magistrate, in any thing commanded of God, or in any indifferent positive thing, save in this one particular (if so be this must go under that name of indifferent things) & then the true question is not; whether is it a greater good to disobey Magistrates, then to keep an oath? But whether is it a greater good to obey the Magist. in this one particular of imoraceing that prelacy which was abjured, or to stand to the oath? And that will come to this, whether is it a greater good for Church or common wealth to have prelates, then to want them? & if this advocate will make this the question, there will be some found who shall willingly undertake the disput. But if what is past, & what is present be called in to give judgement in this matter, the question will quickly be decided, yea & appear to indifferent beholders, to be already determined: If the persecution of godly faithful Ministers of the Gospel; If the laying of countreysides waste & desolate; If the feeding of people with wind & lies; If the great increase of atheism, arminianism, popery, ignorance, & profanity of all sorts: If the persecuting of the godly & of godliness; If the hindering of the exercise of religion & Christian duties, & the like, may have any weight in casting the scale. 7. As for the preaching of the Gospel, it is true, it is the duty of Ministers to be minding that; But God hath need of no man's sin to work his work, he calleth no man to preach the Gospel, by the way of perjury; yea their suffering now for truth tenddeth to the furtherance of the Gospel, as, phillip 1: 12. & is much more edifying than all their preaching could be, after they had proclaimed their perjury unto the would. 2. Whose fault is it, that Ministers cannot have liberty to preach the Gospel? Is their keeping of the oath the thing which standeth in the way? Is there no other way for one to have liberty to preach the Gospel, but by breaking his oath? what influence hath the conscientious observing of the oath upon non-preaching? What if that iniquity, which is established for a law, were taken out of the way? Would there not be preaching of the Gospel, notwithstanding of a conscientious observation of the oath? there is no doubt of this. So that it is not the observation of the oath, which hindereth the preaching of the Gospel, otherways it would always have done it, & will always do it, which is false: But some other thing▪ & now let the blame of not preaching the Gospel, lie where it should lie, for there it will lie, whether he will or not. Yea the conscientious observation of this oath is so far from lying in the way of preaching the Gospel, that on the contrary, the breach of the oath doth incapacitate a man for preaching of the Gospel both before God & men: perjury is no qualification of a minister before the Lord, & who can trust or commit their souls unto a perjured man? How can such an one who hath once so palpably perjured himself presume ever to set his feet within a pulpit again? And thus it is clear that this case maketh nothing against the Covenanters, & so the first assault which he hath made upon the Covenant is repulsed very easily. The next ground which he layeth down is this. That if the Covenant be not rigidly interpreted & strained, it will not hinder a complying with the present prelacy, & that upon these two grounds. 1. At the time of the taking of the Covenant there was no such Church officers in Scotland, as are mentioned in the 2. Article; & therefore Scotland did not need to swear to endeavour their extirpation. And 2. The Parliament of England the giver of this oath, intended nothing less than the extirpation of all kinds of prelacy & Bishops in the Church, & for this he bringeth in the authors of the Covenanters plea, Mr Baxter, Mr Gataker, & Mr Vines as confirming this notion of his. Unto all which a short answer may suffice, for though it might be easily demonstrated that those men mentioned by him, do not approve of that species of Episcopacy which is no●… set up in Scotland, & that they have said nothing wh●…ch will speak out their judgement of the compliance of the. 2. Article of the league & Covenant with the Scottish Episcopacy, yet it doth not much concern these in Scotland, to search & to try narrowly what is the judgement of any particular divine how eminent soever in England, concerning prelacy. Nor what sense or gloss they put upon the Covenant, or upon any particular article thereof; Though it is very probable that they will not put such a favourable interpretation upon that article, as shall make it an interpretation, not aequitate temperatam, but Gratia corruptam. Yea nor is it of much concernment to these of Scotland, to search after the sense or gloss, which the Parliament of England did put upon it (though no difference can be apprehended betwixt their sense, & the sense of the Kingdom of Scotland) seeing they did not tender that oath unto Scotl. but they are to look rather unto the sense & gloss which the Church & state of Scotland in their public meetings did put upon it, & it is clear that they intended no compliance betwixt the Covenant & this prelacy. Though, it is true, at the taking of the Covenant, there was no such officers as are there named, in Scotland. (Which is all the weak ground he goeth upon as to this particular) yet, albeit Scotland had gotten those unhallowed plants plucked up & cas●…en out, they were not out of all fear of them. The dangerous Estate of the Church & Kingdom of Scotland at that time, said they were not without fears that these plants might again take rooting, if the popish prelatical & malignant faction had prevailed in the Kingdoms. And therefore they were called to fortify themselves against those plagues & evils, by a solemn league & Covenant. But moreover doth not the very words of the second article expressly exclude the prelacy which is now in Scotland? Is not the Church of Scotland at present governed by two Archbishops and by tuelue other bishops? Have not those bishops their deans, their arch deacons', etc. And is not the 2d. article expressly against such a government by such officers? Who that hath eyes in their heads can doubt of these things? Moreover will he suppose that the Church and state of the Kingdom of Scotland were such ignoramuses, as to set down contradictories in the Covenant, & that when they had sworn to maintain the discipline & government of the Church of Scotland (which himself will confess was presbyterian) in the first article, & in the second article had abjured a government in the Church, inconsistent with presbyterian government; should be thought with all to consent & yield unto such an episcopacy, as should be inconsistent with presbyterian government? Which were in effect to say, They swore to maintain presbyterian government & yet might receive another government distinct from, & inconsistent with presbyterian government: And though they abjured prelacy; yet not every prelacy, for they might for all that, accept of one sort of prelacy which yet should be inconsistent with presbyterian government. But possibly this advocate saw he would be ashamed of such things, & therefore went to England to seek such help as he could find, but all the help he hath gotten there, hath made little to his purpose. Finally this author would do well to follow D. Sand. his advice ubi sup. prael. 2 § 9 where he discourseth thus when I say an oath is stricti juris that is to b●… understood thus, that the meaning of the oath is to be keeped when the same is clear from the words. And is not the sense of the 2d article of the Covenant as clear as can be? But put the case it be dubious, hear what he sayeth further [But when the meaning is doubtful, every one is carefully to take heed that they indulge not their own affections, & inclinations, or give way unto toolax & large a licence of glosseing, to the end they may with more ease lose themselves from the obligation of the oaths with which they are bound, or give such a sense unto the oath or to any part thereof for their own profit & advantage, as no wise & prudent man, who is not concerned in the matter (and so having no interest is at greater freedom to determine) can be able to gather from the words themselves; & the reason is twofold, one in respect of others, and for fear of scandal, lest any other who is weak b●… moved to think he may lawfully do what he seeth us do, being ignorant of those subtil●…es with which alone we think to defend ourselus from perjury. The other in respect of ourselves, for fear of perjury, which is a most grievous crime, and which undoubtedly we bring upon ourselves if that more favourable interpretation deceive us, This reason dependeth upon that general & most profitable rule, in matters doubtful follow that which is saifest thus he solidely & judicously. What he addeth here against the national Covenant shall be considered fully in the next Section. When thus he hath spent his master pieces, against this Covenant, he cometh, in end, to try what his third & last device will do, & that is, to muster up some straggling faults which he espieth either as to matter or manner; which though granted to him, would not much advantage his cause, or say much for looseing the obligation of the oath, now after it is taken: Yet because he vapoureth much in his expressions here, & would gladly deceive the simple, who are not well acquanted with the nature of oaths, but are ready to think that the least escape in the manner of entering into an oath, is enough to dissolve its obligation, after it is taken, not knowing that quod sicri non debuit factum valet, nor knowing well how to guaird against this deceit, which he hideth with a multitude of words; his challenges must be answered. All which he sayeth on this head, is some thing to these three particulars. 1. The want of authority, in the imposeing. 2. The generality of the terms in which it is conceived. & 3. Some incongruity in the 3d article. The sum of what he sayeth unto the first of these is this [To carry on a public oath without the sovereign power, is without any example among jews or Christians. It is a special royalty of the King, to have power of imposeing an oath on all his subjects, especially where the oath hath a direct aim for raiseing arms: Such leagues are inhibited by the laws of the land ja. 6●… Parl. 10. Act. 12. Marry Parl. 9 Act. 75. Now this Covenant was carried on in England by a meeting of Parliament excludeing one of the Estates, and in Scotland by a committee of Estates] Ans. what if all this be granted? Will it therefore follow, that the obligation of the Covenant is loosed? Nay himself dar not say so, for he addeth [Now although this could not nullify the obligation of the Covenant, were the matter of it undoubtedly lawful, and otherwise still obliging; yet it were well if unlawfulness in regaird of this defect were acknowledged. So that all which he would have of the Covenanters now for proof of their sincerity is that they would give, as public testimony against the sinful way of entering into that bond, as against that si●… (as they suppose) of breaking it. But what would this advantage his cause? And seeing he saw that it would not advantage his cause why did he spend time & pains in vain? He is at a weak pass now, when he can bring no arguments, but such as himself must needs answer, & discover the weakness of. But it is like out of a desire to have it going well with the Covenanters he would have them repenting of the miss which was made. But by his favour they must first be convinced of the error ere they can say that they have erred, and ere they be convinced of an error in that Particular, they must see more cogent arguments than any which he hath yet brought: For as for that committee of Estates which he sayeth did carry on that Covenant in Scotland, it had power for that effect from the convention of Estates, & their deed was approven in all points by the next meeting of Parliament, Anno 1644. the lawfulness of which convention & Parliament hath been shown above (and as for the Parliament of England, Mr Croften & Timorcus have sufficiently spoken to that) and as for Scotland's entering into a league with England without the King's consent, it hath been vindicated before: So hath it been shown how the Parliaments of Scotland do partake of the sovereignty with the King and have power of war, & so all which he here sayeth is answered already: Only because he desireth some examples of the like among jews or Christians, though there be no great necessity for this business, yet some few instances shall be brought & first among the jews there are two eminent examples: one in the days of Asa King of juda. 2. Chron. 15. where many strangers of Ephraim manass●…h & Simeon, fell to Asa; out of Israel in abundance, when they saw that the Lord his God was with him, v. 9 And entered into a Covenant to seek the Lord God of their fathers with great solemnity, v. 12, 14. & that without the consent of their own King. Another in the days of Hezekiah: when he came to the throne which was in the third year of Hoshea King of Israel. 2. King. 18: 1. In the first year of his reign. 2. Chron. 29. 3. (& this was six years before the Kingdom of Israel was wasted & destroyed by Salmanass●…r King of Assyria. 2. King. 17: 6.) beginneth a work of reformation, & said it was was in his heart to ma●…e a Covenant with the Lord God of Israel. 2 Chron 29: 10. And he sent to Israel writing letters to Ephraim & Manasseh, desiring them to come up to the house of the Lord, & accordingly divers of Asher Manasseh & Zebulon. 2. Chron. 30: 1, 11. joined with him, in that Covenanted work of reformation: here are some of the subjects of Bassa & Hoshea, without their consent or approbation joining in a Covenant or bond with another King & Kingdom (which would seem more treasonable like, then for the subjects of one King to join together in Covenant for the good of King & Kingdom) to carry on a work of reformation, & no doubt this advocate dare not condemn this deed of those subjects of Hoshea or Bassa. As for such Covenants among Christians, instances in abundance may be given, & some have already been named, as that betwixt the first reformers of Scotland, & the Queen of England, & these in France, Germany, the Low countries, Helvetia, piedmont, etc. & so a few more shall suffice. If he had read the History of the reformation of the Church of Scotland, he had seen there several examples of Covenants entered into by Christians, without the consent of the supreme Magistrate viz. one Anno 1557 subscribed by Argile, Glencarne, Morton, Lorn & others. Another at Perth, Anno 1559. subscribed by Argile, john Stuart, Glencarn, Boid, Vchiltree, etc. A third at Sterlin that same year, subscribed by many A fourth at Leth, Anno 1560. subscribed by all the nobility barons, gentlemen & others professing Christ jesus in Scotland. & a fifth at Aire Anno 1562. subscribed by several noblemen & gentlemen. In Sleidan's commentaries, Lib 7. Anno 1529. there is a Covenant betwixt the city Strausbrugh (which was under the command & jurisdiction of the Emperor) & three of the cities of Helvetia viz. Tigurum Berna, & Basil about assisting & dese●…ding one another in the cause of religion; & this was without the consent & approbation of the emperor, as appeareth by the letter written to Strausbrugh from the diet of the Empire: again, An. 1530. there was a Covenant betwixt the La●…dgrave of Hesse, & those three cities Tigur or Zurich, Basil & Strausburg anent mutual defencein the cause of religion. That same year the protestants meet at Smalcald & draw up a Covenant for mutual defence in religion & it was subscribed by Albert & Gebert of Mansfeldt by the cities of Magdeburgh, & Breme. Sleidan, showeth also lib. 19 That in February 1547. the nobles of Boheme meeting at Prague entered into a Covenant among themselves for the defence of their liberty, whether Ferdinand would or not. The second particular is about the generality of the terms wherein the Covenant is expressed. The sum of what he sayeth here is this. The Covenant was purposely framed in general and homonymous terms that all the sects might lurk under it; And so the Sectarian army when they invaded Scotland did pretend the Covenant; And presbyterian Government was no way secured, it not being once named, but wrapped up in general, 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 general terms, that several parties might be fast united against prelacy, is a base & slanderous imputation, But suiteth him well who pleadeth for such a cause; If the Covenant, for the most part, be thus conceived in general & ambiguous terms, how cometh it to pass, that he produceth not instances thereof, no not so much as one? Was it not as clear as the sun shineth at noon day, that the reformed government of the Church of Scotland, at that time, was presbyterial▪ 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 several sects did lurk under the lap thereof, doth ●…he think this a cogent argument to prove its ambiguity? What sect is it which doth not plead scripture? Shall scripture therefore be accounted ambiguous 〈◊〉 No not at all. Let men of corrupt minds & principles wrest words in the Covenant as they please, the Covenant, to any who shall read it, is plain & clear enough, & he who will wink, may wander at noon day: let men imagine & put what glosses they will on scripture, It is plain, & hath but one sense. But what will all this make to the business? Will the obligation of a Covenant, in which some men think there lieth 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 disclaimed, by Ki●…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 evils than 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 evils than 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 people 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 witness 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 conditional preservation of the King's Maj. person & authority, viz. in the preservation & defence of the true religion, etc. He enquireth whether this was right or not? And if difference in religion lose 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 national Covenant (which was subscribed at first by King james & his household, Anno 1580. And in obedience to an act of Council together with an Act of the General Assembly, by persons of all ranks, Anno 1581. And again subscribed by all sorts of persons, Anno 1590. 1591.) The Covenanters duty towards the King is so qualified in these words. We protest & promise with our hearts under the same oath, hand write, & pains, that we shall defend his person & authority, with our gear, bodies & lives, in the defence of Christ's evangell, liberties of our country, ministration of justice; & punishment of iniquity, against all enemies within th●… realm or without. So that if he annul the leagué & Covenant upon this account, he must much more annul the national Covenant, whereof King james was the author: For in that there is more add●…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 national 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 otherways bound to defend him, for it will only insinuat that the Covenanters are to prefer, that which is of greater moment unto that which is of lesser concernment, & that they are to prefer 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 prefer 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 advancing the authority of the King, shall directly tend to the ruin of the interest of Christ, & religion, no Christian is bound to concur: 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 carried on, was not a preferring of Man's interests to Christ's▪ for as to the thes●…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 profess 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 show 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 again, in their answer to the supplications from Synods & presbyteries jun. 10. (insert likewise in their Printed records.) They declare that in their undertake they should prefer no earthly consideration to their dut●…es for preserving of religion in Scotland in doctrine worship discipline & government, as it is already established, & to endeawour to settle it in England & Ireland according to the Covenant. & also, in their answer 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 settling of it in England & Ireland according to the Covenant, in the first place & before all worldly respects: & his Maj. rescue from ●…his base imprisonment his re-establishment upon his throne, in all his just powers: the safety of this Kingdom from danger on all hands, & the preservation of the union & brotherly correspondence betwixt the Kingdoms, under the government of his Maj. & of his royal posterity according to the Covenant.] So that the gentleman the author of this pamphlet, publisheth his mistakes to the world, when he would infer thus [was this right that (where our allegiance 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 further obliged to him then he should descend that which they accounted religion.] And that the folly of his consequencesmay further 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, always, but when he is in actual 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 actual 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 advancing of him to his full power & authority, would cetanely tend to the ruin & 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 & advancing 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 spoil & 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 own; so●… still they acknowledge that difference in Religion doth not make void the Magistrat's just & legal Authority, not free the people from subjection: But that this may be a little more clear, let this example be considered: A Father turneth frantic & mad, & seeketh to destroy the whole family, calling for a sword, & liberty to execute his cruelty; His sons rise up & bind his hands, & withhold the sword from him, & withal swear 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 undutiful 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 points as they would have him doing? No in no ways. Here than it is clear that their refuseing to put the sword in their Father's hand, while under this distemper, is no act of undutifulness; It is no lessening of the Father's just power over the family, nor doth it say that they think themselves not bound to own him as a Father, except when he is actively, promoveing the good of the family, & far less 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 Advocate thought he had a fair seld to walk upon, & a fair 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 real 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 civil Magistrate these words shall be found, We confess 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 guiltless: & further we affirm that whosoever deny unto them their aid counsel and comfort, whiles the Princes and rulers vigilantly travel in execution of their office, that the same men deny their help support and counsel to God, who by the presence of his lieutenant 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 civil 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 mind also, to perform faithfulness, 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 yoke of subjection, although the Magistrates be infidels, so that (N. B.) the sovereign Authority of God do remain whole and entire and nothing diminished. And, which is worth the noticeing, the practice of 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 april 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 foresaid 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 solemn oath under his hand & seal, that he shall for himself & his Successors give his Royal assent & agree to such act or acts of Parliament, or bills, as shall be presented to him, by his Parliaments of both, or either Kingdom's respectiuè? for enjoining the League & Covenant, & fully establishing presbyterial 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 preceding discourse. SECTION XXIII. The national Covenant vindicated from the exceptions of the author of the seasonable case & caet. HIs plea against the Solemn league & Covenant being thus examined; In the next place, his exceptions against the national Covenant pag. 30: 31. etc. must be considered. This Covenant is not abjured in the declaration simply & in itself; but as it was sworn & explained in the year 1638. & thereafter: And so the main 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 General assembly, in these words [forbearing the practice of all novations already introduced in the matters of the worship of God, or approbation of the corruptions of the public government of the kirk, or civil places or power of kirkmen, till they be tried & allowed in free general assemblies, & in parliaments.] And then after the general 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 general Assembly, being determined; And thereby the five Articles of Perth, the government of the Kirk by Bishops, the civil place & power of Kirk-men— upon the reasons & grounds, contained in the Acts of the general Assembly; declared to be unlawful within this Kirk, we subscribe according to the determination foresaid.] Theforesaid pleader for Eaal, when he is producing 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 government of the Church by Bishops, was not abjured; And 2. That the Assembly Anno 1638. did wrong, in giving such a gloss & 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 Ab●…rdeen be to be believed (& they were the prime promotters of the Covenant, & carried 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 ●…ath; & upon this ground would persuade the Doctors to subscribe the Covenant, because in so doing they should not be taken, as abjureing Episcopacy, as the Doctor's 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 answer brought on the field again; for it was alleged by the Prelates in a pamphlet ●…n. 1638. emitted under the name of his Maj. commissioner (as most, if not all, which he here allegeth 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, denied indeed, that Episcopacy was expressly & 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 national 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 drawn up Anno 1580, & 1581. for when the privy Council did emit a declaration, enjoining 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 always refused to subscribe to that part which was added, and one of the grounds, why they did scruple at the subscribing of that, was this. They thought that by that addition, they should be bound expressly, directly, & specifically to abjure Episcopacy, & the ceremonies of Perth, which (as they said) they could not in conscience do; Because than they should not have liberty to vote freely, according to their judgements, Concerning those things, in the General 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 public Government of the Kirk. And the reason was, because there were several honest & well minded people in the land, who could not distinctly & clearly see, that the ceremonies, & the Government of the Church by prelates, were directly, contrary to the confession of faith, & abjured therein; But were waiting for light in those matters, from the ensueing General assembly, who, they knew, could give most clearness in the matter of fact; And could best show what was the Government of the Church, at that time when the national Covenant was first subscribed; And also what was the meaning of the reformers as to several particulars in that Covenant. So then, though it be true, that by taking of the oath, or swearing that additional explication, Anno 1638, No man was bound up from reasoning & debateing, nor from free voteing in the matter of prelacy in the national Assembly: Yet it will not follow that prelacy was not abjured, by the negative confession or national Covenant; for though the sense & meaning of the oath Anno 1581., Was not alike clear unto all, Anno 1638. Either as concerning prelacy or ceremonies: Yet the Covenant did strike against those as was afterward cleared. The Covenant hath still one sense & meaning, though such as did live fifty & eight years after it was first drawn up, could not alike see it & discern it. It was but little wonder that at such a distance of time, after so many revolutions, the true sense & meaning thereof could not be so obvious unto all, As to overcome all doubts & scruples; And therefore it was prudently resolved, to suspend their approbation of those particulars, till they were tried in free assemblies: And indeed so soon as the Assembly 1638 Did search into the business, & clear the true meaning of the Covenant, according to the sense of the reformers all scruples were loosed, & the people did cheerfully assent unto the Assemblies determination; For than they saw that by that Covenant, The Ceremonies of Perth Assembly, & the Government of the Church by prelates, were abjured. And it may be supposed, that this author will not be so bold as to say that ever after that assembly, wherein that business was cleared, any said that such as took that Covenant, were left at liberty to vote for prelacy, or for the ceremonies. So then this author bewrayeth much ignorance or maliciousness, or both; when he thus argueth as he doth: Let him read the answers of those Ministers in these places cited by himself, & he shall be able, if he will, to see his mistakes. One of the grounds whereupon the Assembly 1638. did determine that Episcopacy was abjured by the Covenant which was sworn, Anno 1580. etc. was taken from these words in the Covenant his wicked hierarchy, as may be seen at the end of their act sess. 16. And to this he answereth, thus. This imports not the abjuration of the office of a Bishop, more than the office of a presbyter, or deacon, which are parts of the hierarchy, as well as Bishops; but only the abjuration of the hierarchy so far as it was the pops; as it abjureth the five bastard sacraments, So far at he maketh them sacraments: So than the dependence of these offices on him as the head of the Church under Christ, is abjured, & also the corruption adhering to these offices, and as they flow from him and are his, as is his blasphemous priesthood: And not the offices themselves: And therefore the office of a Bishop among protestants (Bishops being now loosed from that dependence upon the sea of Rome) is no part of the pope's hierarchy. This is the sum of his long discourse, and it may be shortly answered thus. That if the abjureing the hierarchy import the abjureing of the offices which are parts of the hierarchy, in so far as they depend on him, & are corrupted by him, than it will fully import the abjureing of prelates; Because prelates depend on him, as well in esse as in operari, & therefore they must be abjured with this wicked hierarchy. It is well known that at the Council of Trent the Pope would not suffer it to be debated, whether Bishops were juris divini or not, & the Historian Peter Suave, addeth the reason, viz. lest if it should be determined that they were juris Divini they should not so depend upon him, as they did, & he would have them continueing to do: So that hence it is clear, that the Pope acknowledgeth that they depend upon himself alone, even in their being, & have no other ground to stand upon, & therefore when his hierarchy is abjured, they in their essence & being are abjured. It is true, if he, or any of his fraternity, had ever demonstrated out of the word of God, that Christ or his Apostles did ever institute such an officer, distinct from a preaching presbyter, as in the prelate, as may be done concerning the Presbyter &c the deacon, & as himself will readily grant; Then indeed it would follow that the abjureing of the pope's hierarchy would import no more than the abjureing of those corruptions which Attend those officers, as these which attend presbyters & deacons', as they depend on him, as the abjureing of his five bastard sacraments, importeth not the abjureing of marriage in itself being an ordinance of God, but only as it was abused by him, to be a 〈◊〉. But seeing it is not yet proved nor undertaken, by this author, to be proved, nor was ever asserted by the reformers o●… that Church, no not by Mr Craig the penner of the Covenant, That Prelates, as superior unto, & distinct from preaching presbyters, are officers of God's appointment; certanely when they are abjured, they are simply abjured. So that, till he demonstratively clear, That Christ or his Apostles did institute Bishops distinct from preaching presbyters, he must acknowledge a difference betwixt them & presbyters & deacons', as to the matter of abjureing them: And so when all those three are abjured, they cannot be abjured after one & the same manner: But the office of presbyters & deacons' are abjured in respect of their abuse, that is, the abuse & corruption which adhereth to these officers, as they are made parts of the hierarchy, is abjured: But when prelates are abjured, not only is their abuse, or the corruption adhering to them, abjured; but the very use is abjured; for the use of an officer not apppointed of Christ, is an abuse, and Prelates, as to their being, depend only on the pope. But (says he) Bishops now being loosed from that dependence from the sea of Rome, & the Pope, who as head of the Church, claimed a plenitude of power over the whole Church, & made all Christian Bishops and Ministers, but as his slaves & vassals, portioning out to them such measure of jurisdiction, as he thought sit, as their styles in this country imported of old. Ego N. Dei, Apostolicae sedis gratiâ Episcopus: the office of a Bishop is no part of the wicked hierarchy, Ans. This was sufficiently answered by the national assembly, 1638. in the forecited Act, where they said [And howbeit this hierarchy be called the antichrists hierarchy: yet it is not to distinguish betwixt the hierarchy, in the popish kirk, and any other as lawful, but the hierarchy wherever it is, is called his, as the rest of the popish corruptions, are called his viz. Invocation of saints, canonisation of saints, dedication of altars, etc. are called his, not that there is another la●…full 〈◊〉 and canonisation of saints, or dedication of Altars So that the Bishops their casting off the Pope as the head of the Church, will not bring them out from among the officers, & parts of that wicked hierarchy. In so far as protestant Churches admit of prelates, in so far they are unreformed from popery, this being one 〈◊〉 betwixt papists & protestants. It was the prelate's their depending on the Pope that made the scottish reformers condemn them, as his Hierarchy, otherwise they should have condemned all the other articles of popery, only in so far as they did depend on him, & no otherwise: And so should have yielded, that if the King, by virtue of his headshipe over the Church, should command, & enjoin the practice of any of those articles condemned in the Covenant, they might be done in obedience unto him, if they were abjured, only as they had dependence on the Pope & came from him. But this is false, for they are condemned as being a part of a contrary religion and doctrine, damned and confuted by the word of God and Kirk of Scotland: & so, upon the same account, are the Prelates abjured, whether they depend upon an ecclesiastic Pope, or upon a civil Pope, whether they be Apostolicae sedis gratiâ Episcopi, or jacobi, or Car ligratiâ Episcopi, they are damned & confuted by the word of God, & are not Christigratiâ Episcopi: And so are abjured as unwarranted officers in the house of God; even as ordination & marriage are degraded from being sacraments; so are they from being Church officers. But to put a close to this second particular, it would be considered, that in the Covenant, the office of prelates is abjured, when the hierarchy is abjured, the same way that confirmation & extreme unction are abjured, when the five bastard sacraments are abjured; that is to say, both the use & the abuse is abjured; for they both want warrant in the word, & therefore ought not to be: & to maintain either, is to maintain false Doctrine, & points of Popery condemned in the word. Might not a Papist pleading for extreme unction & for orders (includeing their septem sacramentula, or inferior orders, as their ●…stiarii, Le●…ores, 〈◊〉, Ac●…, 〈◊〉, Diaconi, Sacerdotes. (which they mean by their sacrament of order (& not mere ordination, as this author seemeth to take for their meaning) if judicious Calvin hit right, in his institutions,) say that when the Pope's five bastard Sacraments were abjured, the use & being of all these officers (there is no disput about two of them upon the matter) was not abjured; But only in so far as they were Sacraments: And extreme unction only in so far as it was a Sacrament: And what this author would reply in this case, for defence of the protestant reformers, (& though it may be, this author would swallow down all those points of Popery & many more; Yet he will not have the boldness to say, that such officers as to their esse & being were not abjured by the reformers) the same may now be answered in the case under consideration. But he goeth on pag. 32. & would make his reader believe. That King james the enjoyner of that Covenant did never intend the abjuration of the office of Episcopacy, & that for these reasons. 1. Mr John Craig who penned the same did but nine years before, viz. Jan. 12. 1571. consent at Leth, that commissioners might be apppointed, to join with these whom the Council should appoint, for settling of the policy of the Church, whereof he was one. The resolution of which meeting was that some of the most eminent Ministers should be chosen, by the chapters of the cathedral Churches, to whom vacand Archbishoprics may be disponed, and they to have power of ordination and to exerce spiritual jurisdiction, in their several dioecies; and at the ordination of ministers, to exact an oath of them, for acknowledging his Maj. authority, and for obedience to their ordinary, in all things lawful: and accordingly it was done: Against which the next assembly at St Andrews, March. 1571. take no exceptions, and at the next Assembly 1572. These articles are received with a protestation, that it was only for the Interim. So then the learned penner allowed of Bishops, a few years before, and we see no evidence of the change of ●…is mind. How could he the●… mean protestant Bishops in that draught. Ans. These are pretty demonstrations to prove the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of a thing to say first Mr john Craig was for Bishop's Anno 1571. Ergo he was for Bishop's Anno 1580. as if a man's mind could not change in Nine or Ten Years time, specially it being a time of reformation, when light was breaking up more clear daily. But next this is a more pregnant demonstration, to say King james intended no such thing Anno 1580. because Mr john Craig had no such intention Nine Years before. Is not this well argued? But to the matter: It is true there were such things concluded at that meeting, but whether, with the unanimous consent of all, or not, who can tell? But be it so, that this honest man was oversweyed with the rest, by the violence of the court, & some nobles who designed the Tulchan Bishope (a●… they were called) yet it is very improbable, that he did persist in that judgement full Nine Years thereafter considering how much all that time the honest Ministers were setting themselves to oppose that act: For the Assembly which did meet at S. Andrews two months thereafter, took notice of these articles & did appoint some of their number to examine them, so great was the exception which they took at them. And Anno 1572. there was a protestation against these innovations. & 1573. the Assembly determined, that whatever Bishops there were, they should have no more power than the former superintendents had, & censured some as the Bishops of Dunkell & Galloway: And to this same purpose were there acts made Anno 1574. And Anno 1575., the office both of Bishops & of superintendents came to be questioned, & debated, & a little thereafter they signified to the Regent, that they would not agree unto that polity condescended on at Leth, but some of their number were apppointed to draw up the second▪ book of discipline which book Anno 1577. & 1578. Was fully approved: & having proceeded thus far they caused several of the Bishops subscribe several articles denudeing themselves of their episcopal power. Now when the Church is at all this work▪ shall it be thought that this honest man (even supposeing he had been of that judgement, which cannot be proved) was still of a judgement contrary to the judgement of the Church: And did not all this time alter his mind, especially seeing the Church did look upon him as a faithful friend for presbyterian government, & therefore did appoint him with other five to consult with, Mr Alexander Hay about the model or plot of presbyteries? But it is not much matter to debate what was the penman's judgement at the time: the Covenant itself, & the words thereof are to be considered, & the meaning of the land, in taking that oath, is much to be regairded, & what that was, shall be shown by & by. But. 2. He says, pag. 33. as to King james. It could not be his intention to put away Bishops, Because at that time Anno 1580. there was no other Government known 〈◊〉 the Church, all ordination and jurisdiction being exercised by Bishops or superintendenss or commissioners; And these, Though the assembly quarrelled them, were real Bishops: And would the King, by his oath abjure that Church Government which was not rejected by the Church, till july 12. 1580. And in the year 1581. Though the King & Council had presented the confession to the Assembly to be subscribed by them, & by the people, in their paris●…es: yet that very same year, within six months thereafter, there is an act of council confirming expressly the agreement at Leth 1571. And this act of Council the King did openly avow in the business of Montgomery. Now it is not probable that the King & Council, if they intended to abjure episcopacy by the confession, would within six moneshes confirm that agreement at Leth. Ans. 1. It hath been shown but just now, that several years, before the year 1580, The General assemblies of that Church were declareing themselves against prelates, & their power, & were acting so far as lay in their power, (and that was much, considering what opposition they did meet with) for presbyterian government. 2. It is certain that Church Government by prelates, was never approved by any of the general assemblies, in those days. 3. Though before the year 1580. The Assembly did not formally pass an act against Episcopacy: Yet was it not equivalent when Anno 1577. & 1578. The second book of discipline, which overturneth the Government of the Church by Bishops, was approved? 4. This same act of the General Assembly at Dundee was before the subscribing of the Covenant; For it was in july, & the Command for subscribing of the Covenant, came not forth till the 2 March thereafter, & that 2d. of march was said to be, Anno 1580. as well as july before, because at that time, the denomination of the new year did not begin in Scotland, until the 25 of March & so it is his mistake to think that the Covenant was enjoined to be subscribed, six months before the Act at Dundee. 5. Whereas he says that, An. 1580. there was no such thing in Scotland as government by presbyteries, if he mean that that government was not settled thorough the whole Kingdom, he speaks truth; but nothing to the purpose; but if he mean, that in no part of the country there was any such government, he is mistaken; for at the assembly, Anno 1578. there was mention made of presbyteries, for amongst the articles which this assembly drew up, to be subscribed by those prelates, whom they had caused cite before them; this was one, viz the 6. that they should not Empire over elderships but be subject to them & the 7. was that they should not usurp the power of presbyteries: So that there were presbyteries in the land, at that time: Yea the narrative of the 131. Act, parl. 8. King▪ Jam. 6. Anno 1584. maketh mention of sindry forms of judgements & jurisdictions, as well in spiritual a●… temporal causes, entered in practice, and custom, and that dureing 24. years by past; & those forms of judgements & jurisdictions in spiritual causes, were assemblies Synodall, presbyterial, & parochial, all which were discharged by that Act: And hence it is clear that there were such judicatories in the land before the year, 1580. Moreover at the Assembly, 1579. there was a motion made about a general order to be taken, for erecting of presbyteries in places where public exercise was used, until the policy of the Church were established by law: & it was answered that the exercise may be judged to be a presbytery. So that the Kingdom at that time was not without presbyteries: Yea their frequent national assemblies, show that the Church was governed presbyterially. 6. This is certain, That there was some government of the Church sworn to, in that Covenant; for there are these word in it [That we join ourselves to this reformed kirk in doctrine faith, religion, and discipline, promiseing, and swearing by the great name of God, that we shall continue in the doctrine and discipline of thi●… Kirk and defend the same according to our vocation and power, all the days of ourlife] Now, all the difficulty is to know what this government was, And it is certain, That either it was the government by presbyteries or the government by prelates. It could not be the government by prelates. 1. because that was not the government & discipline of the Kirk, but the government & discipline against which the Church had been striveing with all he●… might. 2. It is not imaginable that the Ministry of the land, would swear to defend the government of the Church by prelates, all the days of their lives, when they were us●…ing all means, to have the Church free of that yoke. 3. When the confession of faith was presented unto the gen. assembly to be subscribed by them, An. 1581. would they have ass●…nted unto the same if thereby they had been bound to maintain prelacy, seeing at their very last meeting, they had made such an express▪ Act against prelates? 4. When the Laird of Caprinton, his Maj. commissioner, did present unto the general Assembly, the confession of faith; or national Covenant, he presented withal from his Maj. a plot of the several presbyteries to be erected in the Kingdom, mentioning the presbyterial meeting places, & designeing the several parishes, which should belong to such & such presbyteries: As also a letter from his Maj. to the noblemen & gentlemen of the country, for the erection of presbyteries, consisting of Ministers & elders, & for dissolution of prelacies: may not any hence argue, after the author's manner, & say, is it any way probable, that the King & Council, if they intended to establish prelacy by the confession of faith, would in that self same day (which is a shorter tim●… then half a year) wherein ●…he conf●…ssion was presented as subscribed by the King, & his household, & to be subscribed by the assemby, present such a plot for presbyteries: thorough the whole Kingdom, & c? Let this advocate answer this if he can. It must then be an undoubted truth, That the government, sworn to in that national Cov●…nant was presbyterian government. 7. And whereas he sayeth the King within Six months thereafter did stand to the agreement at Leth, & avowed it in the business concerning Montgomery, it will not say much, if it be considered how at that time Aubignee grew great at cou●…t, & (as was shown above, Sect 1.) Obtained the superiority of Glasgow, & made a paction with Montgomery. And when the Church judicatures were examineing the carriage of this Montgomery first & last, he stirred up the King against them: & what will all this say, But that Kings had need of faithful & constant counsellors about them, lest they be made to undo their own works, in a short time. There was many a change at court, & as contrary parties goat up, so was the King sweyed. He addeth. That neither did t●…e assembly or any Minister speak of that deed of the King's & 〈◊〉, as contrary t●… 〈◊〉 Covenant (albeit in these days they ●…ad a way of useing liberty enough, & more than was fitting.) Ans. It would ●…come this gentleman to speak spareingly or these zealous & stedf●…st worthies, who lived in those days, & whose name for th●…ir piety, constancy & zeal, shall smell most fragrantly, when his may be rotting above the ground. It is like he would suffer sin to be upon King & court, & sell his soul & conscience, by sinful silence in a day of defection, & thus declare, himself a priest of Baal, & none of the messengers of the Lord of hosts, who should set the trumpet unto their mouth. But to the purpose. Whether the ass●…mblies & Ministers, did, at that time, speak of the deed of the King, & of the Council, as contrary to the Covenant, or not, who can tell? This is known, that both assemblies & Ministers understood, that King & court & all the land, were bound to own presbyterian government, by virtue of that Covenant, several times thereafter▪ There is a letter which Mr Andrew Melvin (who no doubt knew the mind of the assemblies) wrote unto divines abroad▪ An. 1584. in which, speaking of the discipline of the Church he faith (as reverend Mr Petree citeth in his history Pag. 448.) And three years since was approved▪ sealed & confirmed, with profession of faith, subscription of hand, & religion of oath, by the King & every subject ●…f every state particularly. Mr Petree also sayeth Pag. 570. That An. 1604. when Mr john Spottisw●…d & Mr james law, were accused by the Synod of Lothian for overturning the discipline of the Church, & had denied the same: The Synod did present the con●…ssion of faith to be subscribed by them, & so, in the judgement of the Synod, this confession did contain an abjuration of prelacy, & a promise of maintaining of presbyterian government. And again when the ministers were impanelled at L●…gow for treason & sedition, for meeting at Aberdeen 1605. Mr forbes (who was one of them) had a discourse to the gentlemen who were on●… the assize, & showed that they were bound by the national Covenant to maintain the discipline of the Church, & having read the same unto them, he infered th●…t they should be guilty of perjury, if for fear or pleasure, they should decern that to be treason which themselves had sworn & subscribed: & he desired the Earl of Dumbar to report unto the King, in their names, what punishment followed upon the breach of the oath made unto the Gibconites, & how it was feared that the like should follow upon his Maj. & his posterity. Yea this author himself sayeth Pag. 13. that Ministers then accounted themselves, as really bound against the allowa●…ce of Episcopal government, both by the Covenant & by the word of God, as any do judge themselves engaged against it by late bonds, whether they did mistake in this or not, we say nothing, but that they did s●… judge, is out ●…f all question, But. 2. This author cannot with any good ground say that assemblies & Ministers did not then speak of that which King & Council did, as contrary to the Covenant; for a negative testimony from humane history is the weakest of all arguments. Moreover, this is certain, that the courts of Christ both national, provincial, & classical, were, at this time, going on faithfully in their work, keeping their meetings, & censureing that perverse man Mr Montgomery who Pr●…us like changed often & licked up his own vomit, notwithstanding of all the prohibitions or inhibitions they goat from his Maj. They openly protested before the King & his Council, for the liberties of the Church, & supplicated, & exhorted his Maj. that as a chief member of the Church, he would have a chief care thereof, & they complained that he was playing the Pope, usurping both swords: all which will speak some thing equivalent unto that which this author allegeth they did not speak. But in the next place, as touching the assembly 1638. their declaration of the sense of the Covenant, he hath some what to say as. 1. That it seemeth strange that any assembly should take upon them to declare, what was the sense of the Church in taking a Covenant, when few or no●…e of the men were living, who took that Covenant or if living, few or none of t●…em were members of that assembly 1638. as, juramentum est vinculum p●…rsonale; so, no man or company of men can take upon them to define, what was the sense of dead men, in taking an oath, unless they can produce some authentic express evidence that such was their meaning in taking the oath. Ans. 1. By this argueing, the sense & meaning of a Covenant perisheth with the Covenant●…rs. 2. It is true juramentum or foedus personale est vinculum personale; but there is another Covenant that is called foedus real (of which kind this national Covenant was) & the vinculum of this, is more than personale, it obligeth more than such as did personally take it. 3. Therefore this Covenant being a national real Covenant, obliging the land in all time coming, posterity is called to search & to see very exactly & narrowly into the sense & meaning of the Covenant, they are obliged to know the nature of that Covenant by which themselves stand bound before God. 4. Who is more fit to give the sense of the Church in taking a Coven●…nt, than a General assembly of the Church? 5. It was shown before, what was the constant judgement of the honest Ministers concerning the sense of this Covenant, even in the time when prelates were heighly advanced, out of this same author; & so the true sense of the national Covenant, hath come down from father to son, amongst the honest party, even in the most corrupt times: & then, the Assembly at Glasgow was so much the more in tuto. 6. The Assembly at Glasgow did produce authentic express evidences, that such was the meaning & sense of those, who first entered into Covenant. To this, he is pleased to say. That all that which they produced amounts to nothing more than this, that before; july 1580. The Church had been labouring against Bishops, who notwithstanding countinued till thereafter, but all their citations prove not that Episcopacy was abjured by the Covenant or any words in it. Ans. 1. This is certain, that in that Covenant, some Government or discipline was sworn to be continued in, & defended, as the expre●…e words, before cited, do show. 2. It is certain, that this discipline or government of the Church, was either prelacy, or presbyterian Government (there not being a third competitour) & if it was prelacy, presbyterian government, was abjured, & if it was presbyterian government, than prelacy was abjured. 3. It is certain, that if it were once cleared, what that government was, which the Church of Scotland, in & about that time, did own, as the only government of the Church, it would soon be cleared what that government was, which by this covenant they were bound to own & to continue in; & consequently what government was abjured thereby. Therefore all the difficulty is to know what that government was, which the Church did own; & yet there is no difficulty here, for it is as clear, as the sun at noonday, that it was Church government by presbyteries, Synods, & assemblies, which they, both before, at, & after that time did own & defend, till it was violently taken away: And if the citations of the assembly 1638, will amount to this, they will sufficiently declare that Episcopacy was abjured, at that time: And whether their citations shall do so or not, the indifferent reader may judge, when he hath considered & laid together these two & twenty particulars, into which, the citations shall be branched forth. 1. When the Church had been wre●…ing & could not prevail against Bishops, from the year 1571 unto the year 1575., & being continually wearied with complaints given in against them, they entered at last into a search of the office itself, & did agree in this, that the name Bishop was common to every one, who had a particular flock, to which he preached & administrated the sacraments; & so it could not design a distinct officer. 2. Anno 1576. the assembly did censure such prelates, as had not betaken themselves to some particular flocks. 3. In the assembly 1578 the second book of discipline was unanimously agreed upon. 4, At another assembly, that same year, the moderator told Montrose, chancellor Seaton, & Lindsay. That they had drawn up, out of the pure fountain of God's word such a discipline as was meet to remain in this kirk. 5. At that same assembly, it was ordained that such as were called Bishops, should be content to be pastors of one flock; should usurp no criminal jurisdiction; should not vote in Parliament without a commission from the kirk; should not Empire over their particular elderships; & should not usurp the power of presbyteries. 6. An. 1579 The assembly judgeth that every meeting for exercise might be accounted a presbytery. 7. An. 1580. after deliberation, it was found that the office of prelates was pretended, & had no warrant in the word: And they ordained that such should dimit, & Leave the 'samine, as an office, unto which they were not called of God, & this was before (as was said above,) the subscription of the Covenant. 8. The same assembly sendeth some commissioners to his Maj. desiring that the book of policy might be established by an Act of Council, until the meeting of a Parliament. 9 In the assembly 1581. At Glasgow the Act of the former assembly at Dundee was explained, & i●… was shown that thereby the Church did condemn the whole state of Bishops, as they were then in Scotland. 10. At this assembly the confession of faith was presented, & the plot of presbyteries, with the King's letter to the noblemen & gentlemen of the country, for furthering the erection of presbyteries: & thus at the very presenting of the confession to the assembly, to be subscribed, the King & the assembly agree in one judgement, as to the government of the Church, viz. That it should be presbyterial, & according to this harmonious desire, presbyteries were erected in several places. 11. In that same assembly, The second book of discipline was insert in the registres of the Church, & immediately after, the Covenant was insert; That all posterity might see that the government, which they swore to maintain & own in the confession or Covenant, was the same which was contained in the book of discipline, & thus that book of discipline & the confession or Covenant did harmoniously accord, 12. Anno 1581. The assembly would not suffer Mr Montgomery Minister at Sterlin to become bishop of Glasgow, but commanded him to waire on his Ministry at Sterlin under the pain of excommunication. 13. In the same assembly, it was acknowledged that the Estate of Bishops was condemned by the kirk, a commission for erecting of more presbyteries, was granted, and a new ordinance made for subscribing the Covenant; can any man now doubt, what that government was which the Church in those days owned by that Covenant? 14. Anno 1582. a new commission was granted, for erecting of more presbyteries, & Mr Montgomery for usurping the place of a bishop, was ordained to be excommunicated; for presbytery & prelacy are incompatible. 15, In another assembly that same year, commission was given to some presbyteries to try & censure such as were called bishops, and some were sent unto the Council to desire their approbation of an Act, for establishing of presbyteries, Synods & assemblies; did the Church incline any thing to prelacy then? 16. Anno 1586. It was determined at an assembly that there are no other Church officers set down in the scripture, beside Pastors, Doctors; Elders & Deacons that should be in the Church now. 17. Anno 1587. It was ordained at an Assembly, that the admission of Mr Montgomery, suppose but to the temporality of the bishopric of Glasgow, should be annulled with all possible diligence, that slander might be removed from the Church. 18. In the same Assembly, there was a letter drawn up unto his Maj. showing that they found the office of bishops not agreeable to the word of God, but damned in divers assemblies, 19 Anno 1590. when the confession or Covenant was subscribed universally of new, the assembly desired a ratification of the liberties of the Kirk, in her jurisdiction & discipline in presbyteries, Synods, and general assemblies. 20. It was ordained also, that all intrants should subscribe the book of discipline, especially the heads controverted, & also all who were presently in office, under the pain of excommunication. 21. In the assembly, 1591. the forementioned Act was renewed. 22. Anno 1592. commissioners were sent to attend the Parliament, & to desire a rescindeing of the Acts of Parliament, Anno 1584. made in prejudice of of the Church, & a ratifying of the discipline of the Church, both which were granted: now the reader may judge from these particulars, what was the sense of the Church of Scotland, at that time, of the confession or Covenant; & whether these citations amount to any thing or not; And whether or not, this author had any reason to slight, & undervalue, so far as he doth, the pains taken by that reverend Assembly▪ to clear the oath, according to the sense of those who first took it. But he addeth That Episcopacy was not accounted unlawful, even in the judgement of the assembly of the Church, within Six years after, where it was declared. That the name bishop, hath a special charge & function thereto annexed, by the word of God; and that such may be admitted to a benefi●…e Ans. It is true, Anno 1586. there was a conference drawn on at Haly rude house by the King, betwixt some Ministers, & some whom he did commissionat, which did conclude that the Bishop should have a care of one flock; That he should have some choice brethren added, without whose counsel he should do nothing, under the pain of deposition. That his doctrine should be examined by the meeting, & if it were sound unsound, he should lose his place. That his power should only be the power of order & not of jurisdiction. That withal, he should have insp●…ction over more parishes, & that every Minister who was to enter, should have his approbation, & the approbation of those Ministers who were to be joined with him, etc. But when the assembly did meet in May thereafter, these were not assented unto. But it was only concluded That the, bishop, being a pastor, as other ordinary Ministers, should be tried by the presbytery & Synod, in matter of doctrine & conversation; And be subject unto the General assemblies: & when the commissioners, who were sent from his Maj. did here of this, they dissented, & protested, that nothing concluded should stand in force; seeing th●…y had passed from the Articles. And this occasioned a ●…w conference, where that was concluded which this author mentioneth, & withal they did proceed to set down the order of the presbyteries: Now, lest any should stumble at this change in the Assembly, let it be considered, That two years before this, there was a strange change at court; for Arran ruled all, nobles were banished & ministers were forced to flee, others imprisoned, & then the Prelates got up their heads, Montgomerie was made Bishop of Glasgow, & one Mr Adamsone made Bishop of Saint Andrews: And Ministers were compelled to promise, under their subscription, obedience unto them, & to consent unto many other acts of iniquity, under the pain of banishment, confinement, imprisonm●…nt, deposition, & sequestration of stipends, & this course continued till near the end of the year 1585. When the exiled nobles returned, though a new Parliament was called, the King would not repeal any act, which was made in prejudice of the Church, the year before; Yet at length he professed some desires to have the Church settled & called for that conference at Halirudhouse. Now what wonder was it, that when all was overturned, & Prelates established by Parl. in their full power, that the Church should take little ere she wanted all, & should condescend to some things, of purpose to get the power of prelates hemmed in, hoping when this furious tempest was fully blown over, that she should be in a better capacity to promove her work; And withal it may be seen, that she holdeth as much as she can & mindeth the work of the presbyteries, notwithstanding of the laws of th●… land, as yet unrepealed, standing against her. So that, hence it appeareth, that they never once thought of retracting the act at Dundee (as he would make his reader believe.). And it would be considered likewise, that at this Assembly there were several of these Ministers present, who Anno 1584. had subscribed unto the prelates: And further it is considerable, That for as great a length as they went: Yet Sess. 6. They declared that there were only these Church officers, Pastors, Doctors, Elders, & Deacons; And that the name Bishop should not be taken as in the time of popery, but is a name common to all pastors: and Sess. 10. & 11. They declared that by a Bishop they mean only such as the Apostle doth describe. The last thing which he sayeth is this. No Assembly can pu●… an obligation upon persons who have taken an oath personally, to accept of the sense which they put upon it. It is true the assembly at Glasgow could declare their sense of the oath taken by themselves, but could not impose their sense upon the takers of the oath before, that sense not hav●…g been given to the takers of the oath by the imposers of the same, & ●…e takers of the oath not having impowered these commissioners at Glasgow to declare their sense of that oath they had taken. So than whatever was done 〈◊〉 Glasgow, after the Covenant was taken by the body of the land, could not oblige all the takers of it, to own their declaration of the sense of the Covenant, which was not at first imposeing the oath, declared unto them. To let pass his bitter refl●…ctions, not worth the transcribeing, upon that venerable assembly at Glasgow 1638. The like where of would make him & all his fraternity to tremble. Ans. 1. The Assembly at Glasgow did impose no sense of theirs, upon any man, either who took the Covenant before, or thereafter; only because to them, as the representative of the Church, the public & judicial interpretation of the Covenant or confession of ●…aith, did properly belong, they made search after the true sense & meaning of the oath, & did declare & make it appear to all, by undeniable arguments (as hath been shown)▪ that they had found out the true sense & meaning thereof, & what was the sense of the Church of Scotland when it was first imposed: And was there any wrong here? 2. Such as had renewed that Covenant at that time, & had taken it with the explicatory addition, did swear to forbear the approbation of Church Government by prelates, until the General Assembly should try whether that Government was abjured by the Covenant or not: And was not that a sufficient impowering of the Assembly, to declare the true sense thereof? But what would this author gather from all thi●…? He concludeth that, Whatever the Assembly at Glasgow did after the Covenant was taken by the body of the land, could not oblige all the takers thereof, to own their declaration of the sense of the Covenan●…, Ans. Though their deed could not oblige the body of the land to own their sense, yet the Covenant itself did oblige them, & the body of the land did then see themselves obliged, by the declaration of the true sense of the Covenant, which they gave: And what necessity was there for more? The Assembly never offered to give a sense of their own, which had not been heard of before; For that had been intolerable, but according to their place & duty, they, for the good of theland & satisfaction of the Covenanters, search, out of the ●…hentick records of the Church, what was the sense & meaning of the Church, at that time, when the Covenant was first taken, which every private person could not be so able to do, & which necessity did require to be done; because of several doubts which were raised there about. He addeth, & the body of the land hath not indeed abjured Episcopacy by that national Covenant. Neither the Covenant nor added interpretation, doth import any such thing. Ans. This is a strange thing: how can this be seeing the body of the people of the land, took that Covenant, by which (when first taken by the body of the land) prelacy was abjured? It is true, some who took the Covenant then, being unclear in a matter of fact (which had been done some fifty or sixty years before, & in trying & searching out of which, there was some difficulty) whereby one article was unclear to them, at that time, could not think that prelacy was undoubtedly abjured: Yet others did, & those same who at first did doubt, received light by the assemblies declaration, & then saw, that by the Covenant, when first taken by the Church, prelacy was abjured: And that by their taking of the Covenant, according to its true, genuine, native, & first sense now discovered & made plain (though before, as to this particular, unclear) they had also abjured the same government of the Church by prelates. 2. How the Covenant itself importeth the abjuration of prelacy, hath been shown above, & the added interpretation needed not import any such thing. Next he says Nor hath the body of the people of the land, by any after deeds, owned that assemblies senseing of the Covenant. Ans. Neither was it necessary that they should do so; seeing by taking of it, they did own it in its true sense, & the Assembly did no more but declare which was its true sense, against which when declared, the body of the land did not protest, & therefore by their silence, did sufficiently declare their owneing of that sense as the only true sense. And further the after Actings of the body of the land, in prosecuteing the ends of that Covenant, did abundantly show their owneing of that sense, & of none else. Nor (sayeth he) was there any Act of that assembly ordaineing that all should own their determination of the sense thereof. Ans. And that, because there was no necessity for such an Act, their clearing of the true meaning of the oath, & showing how it could be understood in no other sense, was sufficient. All such as took the Covenant, by a native undeniable consequence, be●…oved to take it, in this sense, & to own the assemblies determination; because they behoved to take it, in its own sense, & the assembly did no more but show what that was. 2. There is an Act enjoining all, in time coming (for avoiding any further doubt or disput) to take it according to their determination, in the points then debated. And an other Act discharging any to take it, in any other sense. True (says he) but few did so & if any did so they are to consider whether they have been too rashly carried on, in the current of that time, without 〈◊〉 just examination of matters. Ans. whether there were few or many that did so, all is one, since he thinketh it rashness in any to do it. But why was it rashness to take a Covenant, & a lawful Covenant, in its true sense? Can this be an Act of rashness, o●… is it, not rather an Act of wisdom & deliberation? But moreover was it rashness to obey an Act of Council made A●…st. 3. 1●…39 Conc●…ng 〈◊〉 is: & an Act of a general ass●…bly having the comfort of, & civil ●…arction add●… by his Maj. c●…missioner? Agust. 17. 1639. sure, he will not be able to make this good. Thus, is all which this a●…or doth al●…dge against the obliging force of the national Covenant answered. And now the reader may judge whether or not by virtue of that Covenant which was imposed by lawful authority, both by Church & state; & against which no exceptions of any force can be brought; the whole land standeth obliged against the government of the Church by prelates: And whether there can be any clear ground or warrant, for abjureing of that Covenant, taken from any deed of the Assembly 1638, seeing that assembly did nothing but clear up the true sense & meaning of the Covenant, out of the authentic records of the Church, & their sense was approved by his Maj. commissioner & by an act of the privy Council. And then An. 1640, all this was confirmed & ratified by Act of Parliament: So that it must be the height of impiety, to subscribe a declaration for abjuration of this Covenant. Now may the world wonder at the boldness of men; who dar●…upon such slender grounds encourage others unto such horrid Acts of iniquity, at the hearing of which, heathens may stand astonished. Yea, which is yet more wonderful, it was publicly debated & concluded in Parliament. That no Covenant or promise made by the King to his subjects in the time of a civil war is obliging, but that so soon ever as occasion is offered he is at liberty to break the same (though even Grot●… cannot but say de jur. bell. & Pac. Lib. 2: c. 14, §, 6. that from a promise or a Covenant made by a King unto his subjects there ariseth a true & proper obligation, which giveth right unto the subjects.) A resolution which may make all protestants in (Europe, it may be, at least in) Germany, Fran●… Piedmont, & the Low countries, to tremble; for all the security which they have, for their liberties, & freedom of religion in peace & quietness, is upon a Covenant 〈◊〉 promise, which was made to them in a civil war. And if Neighbour princes & Kings have this principle in their head●… & heart, protestants have need to be upon th●… guaird; For now they may see their neck and all i●… hazard, when ever any occasion is offered, & they need trust their Kings, & princes, no longer, than they see them out of a capacity to hur●…. Must not those be bloody men whose hearts do thus thirst for Christian blood, who have such bloody conclusions & resolutions. No faith is to be keeped to ●…ereticks say papists: & no faith is to be keeped unto subjects say they. But what if this bloody resolution, which they did intend against others, shall recurre upon themselves? Reader, think not this impossible. Yea by this resolution they have laid down that ground, which in end, may prove the most destructive conclusion to the throne, that ever was hatched out of hell; for let it be but supponed (& what hath been, may be again, & is not impossible) that there were a civil war betwixt King & subjects, how shall it end? For now they shall never once come to a treaty, no Covenant, no agreement, no promise will ever be heard of, because there is no security in those, by their own confession: the war then must never end, till the one party do utterly destroy the other; & if the King shall utterly destroy his subjects, where shall his Kingdom be? And what glorious advantage will he have in that victory; And if the people prevail (& the manifold bypast experiences thorough the world hath made this appear to be the most probable of the two), & root out the King & all his posterity, & so overturn the throne. Let the world judge, who is most to be blamed. The Duchess of Parma gave such an answer at the first unto the nobles of the Netherlands when they desired her to mind her promise; That she was not bound to do so, further than she saw it for he●… advantage, & the world now seeth, where & how that war ended. Euchan: recordeth in his annals, lib. 16. That when Alex: Earl of Glencarne & Hugh Campbel sheriff of Air were sent unto the Queen regent, in name of the congregation, to deprecat her anger that was going out against them, & among other things they requeested her to mind her promises: But she answered [That princes should perform their promises no further than they see it for their own advantage.] Unto which they replied, that if so, They would pass from their allegiance & obedience, & acknowledge her no more for Queen. It was such a thing as this, which did animate the congregation, to with stand the Queen regent & the fenches; because (as sayeth 〈◊〉▪ 〈◊〉) they had to fight with an ●…iable & cruel adversary, which made light of all equity, right, law, promises, faith & oaths, so that upon every small gale of hope of advantage, they annul both their words & their deeds, & therefore there is no agreement to be made with them, nor no peace, till one of the parties be quite destroyed & overthrown, or else all the strangers be put out of the land: So that they must resolve either to overcome, or to die. And hence it was that a little, thereafter, when there was a treaty, there could be no peace concluded, because the reformed congregation, being so often deceived, could not believe their promises any more. The CONCLUSION. THus reader, thou hast a clear view of the present state & condition of the Church of Scotland, & the true grounds upon which, she is now suffering: Thou seest, how the ways of Zion do mourn, & how the Lord hath covered her with a cloud, in his anger: how he hath violently taken away his tabernacle, as if it were of a garden, he hath destroyed his places of the assembly, & caused the solemn feasts & sabbaths to be forgotton in Zion: how he hath cast off his altar, abhorred his sanctuary. & given up into the hand of her enemies the walls of her palaces; so that she is now made to cry out; is it nothing to you'all ye that pass by, behold & see if there be any sorrow like unto my sorrow which is done unto me, wherewith the Lord hath afflicted me, in the day of his fierce anger; All who pass by, clap their hands at her, they hisse & wag their head saying is this the city that men call the perfection of beauty, the joy of the whole earth; all her enemies have opened their mouth against her, they hisse & gnash their teeth, they say we have, swallowed her up, certanely this is the day that we looked for, we have found, we have seen it:) And therefore they are consulting to cut her off, that she may; no more be a nation. But which is worse, The anger of God is gone out against her; he hideth his face, & testifieth his displeasure, against her, & her c●…s; And in so doing just & righteous is he; for she hath rebelled against him. It is the Lord who hath given her to the spoil & to the robbers, even he against whom she hath sinned, for she would not walk in his ways, neither be obedient unto his law, therefore hath he poured upon her the fury of his anger, & the strength of battle, & it hath set her on fire round about, yet she knew it not, & it burned her, yet she laid it not to heart. Therefore let no man think, whatever apology any make in her behalf, that she or they do intend to quarrel with the most high, for any of his dispensations towards her; Nay he is just & righteous in all his ways, yea, though he should punish her yet Seven times more, it would become her to put her mouth in the dust, to be silent, & to bear the indignation of the Lord, because she hath sinned against him, And as yet, she must say, that whatever wrongs her enemies are doing to her, & how ever unjustly she be suffering at their hands, yet the righteous God is doing her no wrong, but punishing her less than her iniquities do deserve; so that as to his dealing with her, she hath no cause to complain, for it is of the Lord's mercy that she is not consumed, because his compassions fail not. And yet it cannot but be expected, that such as have tasted of the cup of affliction themselves, & have resisted unto blood striveing against sin, &c have known by experience what refreshing hath been in the known sympathy of neighbour Churches, in the day of their trial & temptation, will mind & make conscience of this Christian duty of sympathy towards the poor Church of Scotland, now when her enemies are the chief & prosper, & have spread out their hands, upon all her pleasant things, when her gates are desolate & her priests sigh. It cannot be thought, that such Churches as own Christ for their head & husband, can look upon a poor bleeding sister Church which was once decked with ornaments, when her head and King took pleasure in her habitations; but now is striped naked & exposed to shame, & to the scorn & contempt of her enemies, & not have their eyes affecting their heart. Shall it be thought that there are any of the reformed Churches who Esau-like can look on the day of their sister, in the day that she is become a stranger, that can rejoice over her in the day of her destruction, or speak proudly in the day of her distress, or look on her affliction in the day of her calamity, or lay hands on her substance in the day of her calamity, or stand in the cross way to cut off these of hers that escape, or deliver up those of hers that did remain in the day of distress? Nay, it is hoped, that as the elect of God, holy & beloved, they have put on bowels of mercies & kindness, & have learned to have compassion, & to love as brethren, & to be pitiful, & so cannot forget the afflictions of his people in those Islands, but do bear them on their heart when they have access unto the throne of grace, & say, spare thy people o Lord & give not thine heritage to reproach, that the heathen should rule over them, wherefore should they say among the people, where is their God? Seing it is the desire of that poor afflicted Church, that all would cry unto their God & her God, that he would turn from his hot wrath & displeasure, & turn to her with healing under his wings: That he would heal her backslideings, and love her freely: and that until he be pleased to turn from the fierceness of his anger, his people may be blessed with Christian patience & submission under the mighty hand of God, & helped to hear the voice of the road, & who hath apppointed it, & to turn unto him who smiteth, that he may bind up & heal that which he hath broken●…: That the iniquity of jacob may be purged, & the finite of all this may be, to take away sin: & at length his heart may turn within him & his repentings may be kindled together; that he may not execute the fierceness of his anger, nor return to destroy Ephraim, seeing he is God, & not man; For he is a God who is gracious, & long suffering, slow to anger, & of great kindness, & repenteth him of the evil, who knoweth if he will return & repent, & leave a blessing behind him? That poor Church will be very far disappointed of ●…et expectation, if in stead of Christian sympathy, pity & compassion, she shall meet with unbrotherly & unchristian dealing at the hands of any, & if there shall be any such as will be ready to condemn her, as suffering upon very slender & inconsiderable grounds, as it will be no small matter of grief & sorrow unto the already sorrowful mourning Church, yea an addition unto her affliction, so it will yield these little comfort in the day when the cup shall pass over unto them, to reflect upon their unchristian thoughts, & sharp censures of a poor member of Christ's body, while lying under the feet of oppressors, & such as said to her soul, bow down that we may goeover. It is true, the infinitely wise God hath thought fit to try that Church with more searching trials than he did England & Irland, & it was the policy of her adversaries to begin with such small things, to the end, they might get such as they desired, drawn into their net, & then they weresure piece & piece to get them brought alongs, to countenance them in all their courses, as sad experience hath proved; For some, who at the first resolved to go some length for peace cause, having no purpose to move one foot further, to whom if it had been then said, that, ere all were done, they would go such a length as now they have gone, with Hazael, they would have replied are we dogs to do such things, are now going all the length desired, scrupleing at nothing which is a warning to all, to beware of the beginnings of a defection: And indeed for as great as the defection & apostasy in that Church, is at present, & for as great a conspiracy as is found among her prophets; If the trial had been nothing more searching, then that wherewith the Neigh bour Churches were tried, there would not have been so many that would have depairted from their former principles, as there are, this day: And therefore it was a mercy unto many in these Neighbour Churches, that their sieve was not more narrow & searching: it is no small mercy unto particular persons, when they see their enemies in their own colours, & the bait is not able to cover the hook, wherewith their adversaries think to catch them: And it is likewise a mercy (& will be so found & acknowledged in end) unto the Church of Scotland, that God hath followed such a way with her as shall prove most discovering & consequently most purging, by making her dross to appear, & bringing to light in a short time, more corruption & ●…aughtinesse, then, in all probability, would have been found out, many a year, if God had not taken this course. But now, let none blame those who have desired to keep their garments clean, & to adhere zealously & constantly unto their former principles, & therefore have refused compliance in the least, & would not willingly quite with a hoof, or sell a bit of the precious truth of God: There is a time when such things are very momentous & considerable, which at other times seem not to be of much concernment: Armies may yield more unto their enemies at another time & place, then when they are keeping a considerable pass, the loseing of which would prove of great disadvantage unto themselves, & an inlet unto all the enemies forces: There is a time when such things must be stood at, which if abstracted from that time & place, would signify little or nothing, whether done or not done: The giving of a book or of a piece of paper out of the hands of the martyrs, was at that time, & as so circumstantiated, a main business, when they were upon the point of avouching truth for God: A little matter when it becometh Casus confessionis is of great moment: Mordecay's beck is no small matter: Daniel's closeing of his windows, is a great business, as it was then circumstantiated: And doolfull experience, in all ages, hath made it appear what mischief hath followed upon yielding unto the adversaries in small-like matters, in the beginning of a defection, what through inadvertancy, what otherways: by little & little the pope came to his throne, & not in one day▪ by little & little came prelates formerly to their height, in that Church; & therefore as before, so now the honest party thought themselves called of God, to withstand beginnings & not to cede in the smallest-like matters, when they saw that the opening of never so small a passage, would be enough to occasion the drowning of all; as (according to the proverb) the brunt child doth scar the fire, so that Church cannot be blamed for keeping such a distance from that plague of prelacy, which formerly had brunt up & consumed all the vitals of religion, & the whole power of Godliness, & had made that Church to look like an harlot, & not like the spouse of Christ; Especially after God had wrought such wonderful deliverances unto her, & had graciously delivered her from that iron furnace, & with his outstretched arm had brought down all her enemies, Should they again break his commandments, & join in affinity with the people of those abominations, would not God be angry with them till he had consumed them, so that there should be no remnant nor escapeing? And it is very remarkable, that there are none who have hitherto rued their suffering upon that account, but rather they are all blessing the name of the Lord, for that he hath keeped them from yielding in the least; And though their adversaries the prelates, be useing barbarous & inhuman, let be unchristian, ways, to afflict them still more & more, by procureing acts to be made, dischargeing any Charity to be extended, to them or their families, who are now suffering for the cause of God; Yet they have no cause to compleane; God, for whose sake they are suffering, is provideing for them, & with all is comforting them with the consolations of the Holy ghost, supporting their spirits, keeping them from fainting, & encourageing them, so that they resolve, through his grace, never to comply with these workers of iniquity, lest they partake of their judgements. Yea they are persuaded that if any members of the Christian Churches abroad who had the root of the matter within them, were in their souls stead, they would no more comply with this present course of defection, than they have done, or desire to do; So that, what ever can be looked for from men of corrupt minds, & such as are enemies to the truth & to the power of godliness; Yet they are sure that such as know what it is to walk with God, to have a tender conscience, & to make this their exercise to keep a good conscience both towards God & man, will be loath to condemn them in the least. Yea or if they saw what a deluge of profanity, is now broken in upon these lands, what unparallelled wickedness is there perpetrated, what abomination of all sorts reigneth since this course of defection was begun; Their hearts would tremble, & they would scar at such a course, as is so destructive to the Kingdom of God within, & so advantageous for the promoveing of the main interest of Satan, & never acknowledge that to be a divine truth which is not after Godliness. Sure, there is a principle in all the godly which will incline them to affect that course best, which is most for promoveing the work of grace in souls, & abhor that which openeth a gap to all profanity & licentiousness: And though they could disput none against such a course, this were enough to make their gracious souls abhor it. Let none say that such preciseness, & refuseing to cede in a little will prove destructive to the Church, by incenseing the civil Magistrate the more; For God's way is always the best, both for particular persons & for Churches; & an instance cannot be shown where a Church by her faithful adhering to the truth of God, standing to her principles, & refuseing to go back in the least, hath ruined herself; But upon the other hand it hath frequently been seen, how a Church by her yielding unto the snares of her adversaries, through fear or prudence (falsely so called) hath brought ruin & destruction insensibly upon herself: The yielding unto a little in the beginning of a defection, hath proven the bane & neck-break of Churches, ceding to little forms at first, hath brought in the mass, at last. But now it is hoped that such as shall duly & Christianly ponder the premises, shall not account the grounds of the sufferings of that Church & people, punctilios, or inconsiderable trifles whatever such as do not weigh●… matters in the balance of the sanctuary, but according to their own fancies, may judge: And therefore it may be thought that strangers who shall judge of matters according to the truth, shall rather stand astonished & wonder at the pusilanimity, & fainting of heart, which hath there appeared, at this time; & inquire what ●…s become of that Spirit of boldness, zeal, & courage, for the cause & truth of God, which formerly did act the faithful ministers & professors of the Land? And where are all those worthies, who set their faces against greater storms, than any that hath appeared of late? And how is it that so many have out lived their own zeal, & faithfulness, & by silence at such a time, when God, in his dispensations, did call upon th●… to cry aloud & not to spare, have betrayed the precious interests of Christ, which their predecessors valued beyond their lives? And how is it, that this generation hath degenerated, so far as their predecessors might be ignorant of them & not acknowledge them, & have forgotten their former zeal? May not the world wonder at this? But what wonder is it, that it be so, when now their rock hath sold them, & the Lord hath shut them up, when now the Lord hath been displeased and hath made them to drink the wine of astonishment, & for their provocations, hath taken spirit & courage from them, that they may know at length how evil & bitter a thing it is, that they have forsaken the Lord their God? And therefore this dispensation of the Lord unto that Church, may & aught to be improved by other protestant neighbour Churches, as a warning from the Lord to repent, & return unto him; for because of her backslideings hath the Lord brought all this upon her, & he is a jealous God who will spar●… none, but the greater their enjoyments have been, when these are abused to licentiousness, & not improved for the glory of God, & the advancement of the work of reformation of Churches, & of particular persons, the sor●… will the plagues & judgements be, with which he will visit such: It concerneth all about, & all who hear of the Lord's dealing with her, to repent, & remember from whence they are fallen, & to do their first works; for because of her departing from the love of her espousals, & the kindness of her youth, the Lord is now visiteing her with sore & sharp roads: Professions, yea large professions will not save in the day of God's anger: He searcheth the hearts▪ & the reins, & he loveth truth in the inward parts, & therefore the fair flourishes of outward professions will not satisfy, if there be not more. Covenanting with the Lord will not hold off judgements, when conscience is not made of these covenants. And now it hath not been Scotland's Covenanting with God that hath brought all this upon her: But Scotland's dealing deceitfully in the Covenant; For so long as she was with some singleness of heart, aimeing honestly at the promoveing of the ends of the Covenant, the Lord made her ●…errible unto all her adversaries, & made one chase an hundereth; But so soon as this vow was forgotten, & the ends thereof not sincerely minded & sought after, than the Lord departed from her, & she could not shake herself as before. Finally, it would become all neighbour reform Churches to be upon their guaird, for the same Spirit that troubleth that Church now; is the Spirit of Antichrist seeking to re-enter there after he hath been cast out, with all his appurtenances, in a most universal & solemn manner, & the door bar●…ed with solemn Covenants & oaths made unto the most high: And indeed hath gained great footing already; for there is more pop●…ry openly professed this day, then hath been openly avowed almost these hundred of years. And if Antichrist shall again get possession there, any may judge what hazard other Churches are into, & what cause they have to withstand the same, & if they can do no more, for that effect, to pray to him, who will hear at length, that he would hasten that day, in his own time, wherein it might be said. Babylon the great is fallen, is fallen, & is become the habitation of devils & the hold of every foul Spirit— so that the Kings of the earth who have Committed 〈◊〉, & lived deliciously with her, may bewail her, & lament for her, when they shall see the smoke of her burnings, for he will at length judge the great whore, which did corrupt the earth with her fornications, & will avenge the blood of his servants at her hand & then shall that Church (being fully freed from the yoke of prelacy & other abominations) with others, be glade & rejoice, when that wicked, with all his appurtenances, shall be consumed with the Spirit of his mouth & shall be destroyed with the brightness of his coming. Even so come Lord jesus. AMEN. The Contents THe INTRODUCTION. Pag. 1. showeth The grounds & ends of this undertaking. SECTION 1. Pag. 5. Shows When the Christian religion began first in Scotland: That Palladius was the first prelate in Scotland: No prelates among the Culdees: How & when reformation from popery began: Superintendents no prelates: national Assemblies from the beginning of the reformation. How the Tulchan Bishops came in over the Church her belly: The Church wrestleth till these be put away, & presbyterian Government be settled in all her judicatories, Anno 1592. The King thereafter incroacheth upon the privileges of the Church: Prevaileth with some of the Ministers who betray the Church, & yield to Parliament-Bishops, & hinder the Church from enjoying her privileges & liberties in her free Assemblies: The faithful & Zealous are persecuted: Parliaments carry on the King's design with violence; Corrupt Assemblies are convocated to further his Maj. design, & to give Church power unto these Parliamentary Prelates: Parliaments ratify all. The Church protesteth, & striveth against all this, what she can: The prelates being now enthroned tyrannize over & oppress the faithful, labour to have ceremonies imposed upon the Church with force, & acts made in Parliament for bringing in the surplice & Corner cap, unto which some worthy nobles could not assent, Anno 1633. Who, are therefore accounted rebels & traitors; And Balmerino is condemned. The prelates rage without all law, draw up a service book, book of canans, etc. SECT. 2. Pag. 44. Shows How the use of the service book was hindered in Edinburgh: Ministers & people from all parts of the Kingdom petitioned against it. The King favoureth not the petitioners: They not withstanding continue in petitioning against the service book, high Commission, prelates, etc. Renew the national Covenant thorough the whole land: The King intendeth a war: An Assembly is indicted at Glasgow, Nou. 21. And opened up: This Assembly condemneth, & anulleth several pretended Assemblies, the book of common prayer, the book of canons, the book of consecration & ordination, the high commission court, & the ceremonies: & excommunicateth some, & deposeth all the prelates: War is prepared against them: They defend themselves: A pacification is concluded: another Assembly promised & a Parliament thereafter▪ The Assembly is opened up; The Parliament is convocated but quickly adjourned: Commissioners are sent to London & imprisoned: A new war is raised by the King: Scotland prepareth for defence: A new pacification: The Parliament meeteth & ratifieth all, which the Covenanters had done, Those acts are again ratified: The Parl. of Engl. beginneth a work of reformation, entereth into a Covenant with Scotland, & the two nations jointly proceed in the begun work of reformation: A party in England strengthen themselves: alter the judicatures: take away the King's life: Scotland bringeth home the prince, who sweareth the Covenants, & is overcome by the Englishes in battle, & keeped in bondage ten years, till the exiled King returned Anno 1660. SECT. 3. Pag. 69. Shows Why these Ministers & others, who met Agust. 23. 1660 were incarcerated: what their supplication was; And how unjustly they suffered upon that account. SECT. 4. Pag. 77. Shows What were the grounds upon which the Marquis of Argil●… suffered, & how insufficient in point of law, from several considerations. SECT. 5. Pag. 83. Shows What were the grounds, upon which the life of precious▪ M Guthry, was taken. & how insufficient, Either in law or conscience. SECT. 6. Pag. 86. Shows Upon what account other Ministers were persecuted: And how unjustly: Some banished for righteousness sake, & some indictâ causâ: An extract of the sentence was refused to thos●… & to all others. SECT. 7. Pag. 88 showeth The grounds why conscientious Ministers could not observe the anniversary day. SECT. 8. Pag. 91. showeth The reasons why Ministers could not observe the prelat●… meetings. The author of the seasonable case, etc. Answered. SECT. 9 Pag. 101. showeth The reasons why ministers could not seek presentations from patrons, nor collations from prelates: The author of the seasonable case, answered. SECT. 10. Pag. 114. showeth The true sense of the oath of allegiance which was tendered Anno 1661. etc. Compared with the former: how it holdeth forth a great civil supremacy in the King, cleared by the act. 11: parl. 1661. Which (at least) is much to be questioned, from nine several grounds: And cannot lawfully be acknowledged because of ten dreadful consequences which shall necessarily follow thereupon: The former proceedings of the Church & state of Scotland vindicated & cleared. SECT. 11. Pag. 140. showeth The lawfulness of Scotland's defensive war, first from the former practices of Scotland, other Kingdoms, King james, & King Charles, & confessions of adversaries: next from a true clearing of the state of that war, in Six Particulars, which obviate all the objections of adversaries: And lastly from lawyers, adversaries, the law of nature, the law of nations, the law of God, & sound reason. SECT. 12. Pag. 169. Shows What is the meaning of the oath of allegiance, as to its Ecclesiastical part: What way the King's supremacy over Church persons, & in Church causes began & was carried on in England: How the same was advanced to a great height in Scotland: What sense this King & the late Parliament did put upon the oath of alleagianee, by their Acts & Actings: How it were sinful to acknowledge, by taking the oath, That so much Church power belongeth unto the civil Magistrate, cleared by Nineteen particulars. SECT. 13. Pag. 200. showeth The groundlessness of Mr Stilling fleet's notion concerning the divine right of forms of Church government, by making it appear how he overturneth his own grounds, how he misstateth the question, the practice of the Apostles ground a jus divinum here: Christ's institution & the institution of the Apostles is for a particular species: Christ's faithfulness in his office, speaketh much for this: The hazard is great in leaving the species undetermined: The confession of the faith of several Churches for a Species: How he misseth his pretended end & arm. And how unseasonable his book is at this time: & useless so long as the league & Covenant standeth in force, though his notion were true in thesi. SECT. 14. Pag. 254. Shows How weak the Reasons are, which plead for the taking of the oath of allegiance, by answereing Sixteen of them. SECT. 15. Pag. 270: Shows How unlawful it is, to own & acknowledge the curates fo●… lawful Ministers, by fourteen reasons: Four objections answered. SECT. 16. Pag. 298. Shows That it is lawful for Ministers, banished from their own flocks by a sentence of the civil Magistrate, to preach in public or private, as God calleth, by Eight reasons: Thr●… objections are answered. SECT. 17. Pag, 305. Shows That it is lawful for Ministers, though censured by the pretended prelate, to preach, as God giveth a call, whether in public, or in private, by Six reasons: Four objections are answered. SECT. 18. Pag. 310. Shows That it is lawful for people to meet together, for hearing honest Ministers preach, publicly or privately; And for other Christian duties, notwithstanding of Acts made against it, by several reasons: One objection answered. SECT. 19 Pag. 316. Shows How unlawful it is to acknowledge the high commission court, by compeering before it, by Eleven reasons: Four or five objections are answered. SECT. 20. Pag. 327. Shows How dreadful a sin it is to abjure the Covenant: a sin aggravated by twelve particulars. SECT. 21. Pag. 347. Shows What judgements, perjury hath brought on, in all ages, out of history sacred, & profane. SECT. 22. Pag. 359. showeth The lawfulness & binding force of the solemn league & Covenant, notwithstanding of all which the author of the seasonable case etc. hath said against it. SECT. 23. Pag. 391. showeth The lawfulness of the national Covenant, as it was sworn & subscribed, Anno 1638, 1639, etc. Notwithstanding of all which the author of the seasonable case, etc. Hath said to the contrary. The CONCLUSION Pag. 416. Shows What the now afflicted Church of Scotland expecteth from strangers: & what use they should make of this sad dispensation, etc. FINIS.