An apologeticall relation of the particular sufferings of the faithfull ministers & professours of the Church of Scotland, since August, 1660 wherein severall questions, usefull for the time, are discussed : the King's preroragative over parliaments & people soberly enquired into, the lawfulness of defensive war cleared, the by a well wisher to the good old cause.

An ▪ Apologeticall Relation , Of the particular sufferings of faithfull Ministers & Professours 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 adde affliction to the afflicted , & to use his outmost endevour to break them with one sad exercice , at the back of , or together with another , is not satisfied with stirring up sore persecution against them , but endevoureth 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 intreat that he would clear & vindicat them , & their actions from such foule aspersions , & make their innocency breake forth as the noon-day ; & would direct them unto such ways & means , as might tend through his blessing , to their rationall vindication befor 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 dipt 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 forraigne protestant Churches , to the end she may not onely misse & be disappointed of that Christian sympathy & fellow feeling which is expected of all the true membres of Christs 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 , wherby he ( convincingly even to enemies ) did testify his approbation of the work of Reformation , begun , & caryed on there , these yeers bygone , be called in question , & fathered upon the Devill , 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 custome , to get the prejudices against that Church , which they have laboured to beget in the mindes 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 eare 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 eares have been hithertill 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 thinke 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 malitious adversaries have made , as that an attempt of this nature shall seem altogether useless : Yet this is certaine that the most lively demonstration & representation of the present case & condition of that Church , that can be fallen upon , shal not hold forth unto strangers & forraigners such convincing light , & evidence of all maters there , as a few days being ear & ey-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 therefor , though as to such who are indeed strangers unto the great things which the Lord hath wonderfully begun , & carryed on , in that Church , small successe can be expected , to follow such an interprise ; 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 righthand 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 ; wherin they might see the Lords arme 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 stedfastness of the faithfull 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 condemne their own former proceedings , & to intertaine strange & unbeseeming thoughts of the wonderfull works of the righthand of the most High , wrought among them : & so become ashamed of their cause , & durst not adventure to speake in their own justification .

Therefor being consident of the good acceptance , which this undertaking shall meet with from compassionate & Christianly affected churches & people about , & persuaded that God , whose interest & Cause this is , will , in his own good time , arise & plead the same , & vindicate his work from all the aspersions , & calumnies of men , by a reviving therof in the middest of the years , & a best irring of himself for the carying on of the same , untill the copstone be put on , & therby give such ane unanswerable Apologie as shall be sufficient to stop the mouths of all adversaries , & to confirme his followers , & comfort the saddened hearts of his sufferers ; This present piece of worke was the more chearfully undertaken , to the end ( beside what use the present suffering members , of that church might make hereof for their own satisfaction incouragement & strengthening in the Lord ) that such of the nighbour churches about whose ears have been filled with the slanderous reports , to the vexing of their souls , raised by the adversaries of that church , & caryed on by all the art of hell to the strengthening & confirming of their ill cause , may be undeceived , & rightly informed touching the truestate of affaires in that church .

And to this end , it will be sufficient in the first place , to give a short & clear Historicall relation of the troubles , which the former Prelats , which were in that church , did creat unto her , both in their rising , & when they did come unto their hieght , & of the wonderfull maner of the Lords bringing them down & casting them out of that land & church , with shame & disgrace : And then to give some vieu of the present state of that church , by mentioning some particulars , which are the grounds of the present sufferings of the people of God there , & clearing the equity & justice of their cause , who have choysed affliction , rathen then sin , & when by this means it shall be seen , from what an exellent & desirable state that church is now fallen , as in a moment , & into what a condition of wo & lamentation , she is now plunged , all who are Christianly affected with the afflictions of Joseph , may be moved to compassionat her case , & to sympathize with her , & if they can do no more , be stirred up to minde that bleeding , swooning & almost expiring church of Scotland at the throne of grace .

SECTION I.

Shewing how the church of Scotland was long governed without Prelats , & after what maner they did arise to their height there , without the Churches consent .

IT is not unknown , that according to the testimonie of Origen & Tertullian the Scots did embrace the faith amongst the first , & probablie ( as Buchan : sheweth ) they received it from some of Iohn's disciples , who fled by reason of the persecution , caused by that bloudy Domitian : so that about the year 203. which was the 4 year of King Donald the first , Christian Religion was publickly professed , the King himself , his Queen , & diverse of the Nobles being solemnely baptized , after which he purposed to root out Heathenisme out of the Kingdome , but was hindered by wars with the emperour Severus .

There after about the year 277 King Cratilinth intended a Reformation , but was much hindered by the heathenish Priests , ( called Druides from their sacrificing in groves under oaks , as some suppose ) who by their subtyle insinuations & power , had much influence upon the people ; yet the Lord did seconde the intentions of this good King , & sent several worthy men both ministers & privat Christians , from the South parts of Britan , where the Nynth & Tenth Persecution under Aurelius & Disclesian did rage , & these for their single & retired life , were called Culdees , quasicultores Dei more probably , then because of their living in Cels ; and this work continowed till about the year 360 & then did meet with a great interruption , by reason of civill wars , wherby the land was wasted , & all th●… Scots banished untill about the year 420 when Fergus the second came into Scotland , whose son Ewen sent for the exiled Culdees , & gave them great encouragement , & they did set themselves to their worke . And this continowed untill about the year 452 , when Palladius being sent into Britaine by Pope Celestin , came into Scotland , who by his subtile insinuation●… did gaine so much upon the simple people , as that in a short time , he moved them to consent unto a change of the governement of the church , into Prelacy , & himself became the Arch prelate : But befor this Palladius came ; Scotland never saw a Prelate , if our ancient Historiographers be to be beleeved , such as Balcus in his Historie of the Britons , &c. cent. 14. cap 6. saying [ Ante palladium Scoti &c. befor Palladius came , the Scots had their Bishops & ministers , by the ministry of the word of God , chosen by the suffrage of the people , after the custome of those of Asia , but those things did not please the Romanes . Beda in his History of England Lib. 1. who sayeth [ Palladiu●… ad Scotos &c. i. e. Palladius was sent unto the Scots , who beleeved in Christ , by Celestin the Pope of Rome , as their first Bishop ] Prosper in his Chron , ad An. 436 saying [ Ad Scotos &c. i e. unto the Scots then beleeving in Christ , Palladius is ordained by Pope Celestin , & sent thither the first Bishop ] Iohn Fordon in his Scottish Chronic. lib. 3. c. 8. saying [ Ante Palladis adventum &c. i. e ▪ befor the coming of Palladius , the Scots had for teachers of the faith , & ministers of the Sacraments , presbiters onely or Monks , following the customes of the primitive church ] Iohannes Major speaking of the same Palladius who sayeth [ per sacerdotes & monaches &c. i. e. the Scots were instructed in the Christian faith , by Priests & Monks without any Bishop ] and Buchanan who sayeth [ nam ad id usque tempus &c. i. e. to that very time [ speaking of Palladius coming , into Scotland & changing the governement ) the churches were ruled by monks without Bishops .

It is true Spotiswood , in his late History , would make the world beleeve that in the dayes of the Culdees there was no governement in the Church of Scotland but Prelaticall ; because Boetius sayeth that [ those priests or Culdees , were wont , for their better governement , to elect some out of their number , by common suffrage , to be chief & principall among them , without whose knowledge , & consent nothing was done in any mater of importance , & that the person so elected , was called Scotorum Episcopus ] & farther , as if his bare dissenting from Buchan : would be enongh to blast the reputation & weaken the credite of that Renowned Historian , he sayeth p. 7. of his History [ what warrant he ( i. e. Buchan : ) had to write so , I know not , except he did build upon that which Iohannes Major sayeth . But from the instruction of the Scots in the faith , to conclude that the Church after it was gathered , had no other for me of governement , will not stand with reason , for be it as they speak , that by the travelle of some pions monks the Scots were first converted unto Christ it cannot be said , that the Church was ruled by monks , seing , long after those times , it was not permitted to monks to medle with the maters of the Church , nor were they reckoned among the Clergy ] thus he . To which it is easily answered . 1. That the sole word of a late Historian , & of an Excommunicated forsworne Prelate speaking in his own cause will have lesse weight with every rationall man , then the Testimony of so many famous & eminent Historyographers , known through the world . 2. All the Prelat's , logick will not conclude from these words of Boetius that there was Episcopall governement among the Culdees , if Boetius himself may be heard , whom all are bound to beleeve better then this Prelate , who reasoneth according to his skill for he lib. 7. c. 28. sayeth [ erat Palladius primus omnium &c. i. e. Palladius was the first of all who did bear holy Magistracy among the Scots , being made Bishop by the great Pope ] thus he affirmeth clearly , that Palladius was the first , who had Episcopall Power , or exercised a Magistraticall domineering power in Church maters . 3. Could Buchanan , a man many stages beyond the Arch-prelate , know no reason or ground for what he said but what this Archprelat could perceave who had no will to open his Eyes ? 4. As this Archprelat doeth wrong his own credite as an Historian , when without warrant he contradicteth so many famous Historians ; so doeth he discover much weakness in reasoning ; for to say that the monks did not governe the Church befor Palladius landed in Scotland , because after Palladius came , they were putt out of all accompt & got not liberty to do so , is such a ridiculous consequence , as can hardly be paralleled ; as if one should reason now , & say the Church of Scotland was not governed by Ministers befor the year 1661. becaus after Bishops got all the power into their hands , the Ministers had no power of governement in the Church . Much more might be said here against the reasoning of this late Historian , were it sitt to insist upon every such frivolous argument of his .

So then , from these forocited Historians , & from Baronius in his Annal: it appeareth that the Church of Scotland was severall hundereths of years without a domineering Prelate , & after this time that this Palladius came , she was still in a decaying condition , through the increase of popery , which at length did overspread the whole land , in which Romish darkness she did ly untill about the year 1494.

About which time the Lord began to visite that poor Church with his salvation & to cause some light of the Gospel to break up in severall places of the land : but no sooner did the light appear , but as soon did those Antichristian Prelats & vassals of the Pope begin to rage , & to raise persecution against the young professors of the truth , & followers of the lamb , & so with fire ▪ & faggot they sought to destroy all who prosessed the true Religion , untill about the year 1550. when , notwithstanding of all this rage & cruelty of the Beast , & his followers , the knowledge of the trueth did spread through the land , & a farther worke of Reformation , began to he caryed on , by worthies whom the Lord raised up , such as famous Mr Knox & others , who were singularly owned of God in that work . Though Mr Spotiswood , according to his usuall maner of mistaking the works of God , & of venting his enmity to piety & purity , is pleased in the 60. page of his history to say that this Reformation was violent & disorderly . And albert at that time the Queen was endevouring , by all means possible , to keep up the Idolatry of Rome , & to suppresse the Reformed Religion ; so powerfully did the Lord , in his goodness , assist these worthves , that in the year 1560. there was a large Confession of Faith drawn up at the command of the Parlament which did conveen that year , in which Confession all the Popish errours were renounced , & after , it was exhibited to the Parliament & there read , & when it was read , the Prelats who were there present had not one word to speak against it , which when the Earle of Marshall did perceave he said [ Seing the Bishops ( who by their learning can , & for the zeal they should have to the truth , would gain say , if they knew any things repugnant ) say nothing against the said Confession , I cannot but thinke that it is the very truth of God ] Thus this Confession was openly avowed & professed by this Parliament , as is clear by the act. 6. parl. 1. King Ja. 6. Au. 1567. & act. 86. par. 6. An. 1579. where these words are found in both acts [ and decerns & declairs that all & sundry who either gainesayeth the word of the Evangell receaved & approved , as the heads of the Confession of faith professed in parliament of befor in the year of God 1560. ] At this Parliament there are severall acts made against popery , as against the Masse , & against the Popes authority & jurisdiction : for such as were for the Reformation , or the Congregation ( as they were then called ) did supplicate that they would condemne the Antichristian doctrine , & would restore the Discipline of the ancient Church , & discharge the popes jurisdiction , & accordingly as was said , there is an act made [ ordaining that the Bishop of Rome , called the Pope , have no jurisdiction nor authority within the Realme in any time coming and that no Bishop or other prelate of the Realme use any jurisdiction in time coming by the said Bishop of Romes authority under the pain , &c. ] which was afterwards ratified by severall acts in the dayes of King James .

And thus by act of Parliament the Reformed Religion is established , the church governement by Prelats is virtually discharged ; because Prelats then had no power but what they had from Rome , & when the current is cut off at the head , it must needs cease in the streams . But this will be the more clear if we consider how the Reformers were dealing for the establishment of Discipline , together with the Doctrine , knowing that the doctrine would not be long keeped pure , if the Popish discipline & governement were still retained , & upon this , the great council giveth a charge dated April 29 , 1560. requiring & commanding them in the name of the Eternall God , & as they would answer in his presence , to committ to writing , & in a book deliver their judgements touching the Reformation of Religion which heretofore in this Realme [ as in others ] hath been utterly corrupted . According unto which charge ▪ the first Booke of Discipline , as it was called , ( in which book the governement of the church by Prelats is overturned , church Sessions are established , the way of Election & tryall of Ministers , contrary to the Episcopall way , is appoynted , & severall other things , tending to the right governing of the church , are determined ) is drawne up & presented to the conncell May 20. 1560. Whereupon there is an act of councill to this effect [ We who have subscribed these presents , having advised with the Articles therein specified , as is above mentioned , from the begining of this book , thinke the same good & conforme to God●… word in all points , conforme to the notes & additions here to eeked : & promise to sett the samme forward to the uttermost of our Power , providing that the Bishops , Abbots , Priors , & other Prelats & Beneficed men , who else have adjoyned them to us , bruik the revenues of their benefices , during their life times , they sustaining & upholding the Ministry and ministers , as herein is specified for the preaching of the word , and administrating of the Sacraments ] and this act is subscribed by twenty six Noblemen , & among the rest by Mr. Gordon , who was Bishop of Galloway , & by the Dean of Murray . Spottswood in his History is so convinced that this book was directly against the Prelats , that he sayeth pag. 174. [ it was framed by Iohn Knox partly in imitation of the Reformed Churches of Germany , & partly of that which he had seen at Geneva ] nather of which Churches did favoure Prelats .

It is true the late Historian the Archprelate would make the world beleeve that the Superintendents , which are spoken of in that Book of Discipline , were nothing else but Bishops . But his fondo mistake in this , will appear to any who will but consider these particulars 1. What the thoughts were which this Archprelate had of this book which treateth of those Superintendents : as . 1. That it was framed by Iohn Knox , & famous Knox first nor last was never a friend to prelats or prelacy . 2. he sayeth that it was done in imitation of reformed Churches such as Geneva and those of Germany , & these Churches knew no prelats . 3. He sayeth [ it was no better nor a dreame & so could never take effect , ] but had it been an establishing of Prelacy , it had been no dreame in his accompt , and he would have said , that it had taken effect . 4. He willed & wished that Iohn Knox had retained the old Policie , & so this book contained a policie distinct from the old policie , & a Policie which was not the same with Prelacy . 2. What the thoughts were which such as were for the Reformed Religion , had of it : Now they looked on it , as the Discipline of the ancient Church , & therefor after it was drawn up , they did supplicate the Parliament for the restauration of the Discipline of the ancient Church , & for the discharging of the Popes usurpation & of all that Discipline , which did flow there from , as being inconsistent with the Discipline of the ancient Church , & with the Discipline contained in that book . But 3. It cannot enter into the heart of any rationall man to think that these Reformers were so inconsiderate , as●… to sett up Prelats with the one hand , when they were doing what lay in their power to pull them down with the other . It was not popish Prelats alone , which they were labouring to turn out of the Church of Christ , for , when some of those who had been popish Prelats before , had relinquished Popery , & embraced the Reformed Religion , and had subscribed unto the book of Discipline , as Mr Gordoun in Galloway , yet they would not suffer such to exerce the power of superintendents . Mr Gordoun with all his moyen could not obtaine that power , so that Spotiswood when he sayeth in his Latin Pamphlet called ( Refutatio libelli de Regimine Ecclesiae Scoticanae , pag. 4. & also in the Epistle Dedicatorie that [ the former Bishops who joyned with the Reformers keeped still their full power & jurisdiction ] bewrayeth his impudence & falshood . His words in his Epistle are these . [ Et prasulibus 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 impudency , thus to avow palpable untrueths ; & that the faithfulness of this Historian may for ever after be suspected , let it be observed , that in his History which he wrote in English , & which every one might have more easily understood , & so discovered his falshood , he durst say no more but that these Bishops enjoyed the rents of their benefices . See pag. 175. Moreover 4. The book of Discipline it self giveth the clear ground of their appointing of these Superintendents , in these words , [ We consider that if the Ministers , whom God hath ●…ndued with his singular graces among us , should be appointed to severall places , there to make their continuall residence , that then the greatest part of the Realm should be destitute of all doctrine , which should not onely be the occasion of great murmure , but also be dangerous to the salvation of many , and therefor we have thought it expedient at this time — by this means the simple and ignorant , who perchance have never heard of Iesus truelie preached , shall com to some knowledge , and many that are dead in superstition , and ignorance shall attaine to some feeling of godliness , by the which they shall be provoked to seek farther knowledge of God , and his true Religion and worship — and therefor we desire nothing more earnestly , then that Christ Iesus be once universally preached throughout the Realm : &c. ] From whence it appeareth that these Superintendents were onely chosen for that present exigent , when there were so few learned & able Ministers , & so many places of the countrey destitute of Ministers ; so that the harvest was great , & the labourers very few : Superstition & popery was remaining in many places of the countrey , & people were in hazard to continow therin , having either no Minister to clear the trueth to them , or such onely who were ready to harden them in their superstitious courses . & therefor there was a necessity , at that time , while the Church was but in si●…ri that some of the most able of the Ministry , should be appointed , to travell through such & such places of the countrey , to preach the Gospel , & to see to the planting of faithfull & able Ministers , according to the rules sett down in the book of Discipline . But 5. so cautious were the Reformers , that they would not acknowledge those to be Bishops , either in name , or thing , for as their worke was extraordinary , so they gave them an extraordinary name : They would not suffer any who had been Bishops before in time of popery , to enjoy the place & power of a Superintendent , least the power & place might be abused , & at length degenerate unto the old power of Prelats ; 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 Prelats Dioceses , but after another manner . They devided 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 visite . They were not consecrated , but onely sett apart to that worke by preaching & prayer , as is to be seen in the order prefixed to the old Psalme-books . They were tryed & 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 sheweth 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 maine worke 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 neerest reformed Church , & oth●… learned men conjunct , by an act of the fourth Nationall Assembly An. 1562. They might not transport a Minister without the consent of the Synod , as is elear by act fourth of the f●… Nationall Assemblie 1562. They might not discusse any important question their alone , as is clear by act first of the ninth Nationall Synod , An. 1564. All were at liberty to appeal from them to the Nationall 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 Generall Assemblies , unlesse they had been chosen by votes . Who can be so foolish then , as to beleeve Mr. Spotiswood ? saying in his H●…story pag. 258. that [ the power of Superintendents was Episcopall , for they did elect & ordaine Ministers , they did praeside in Synod●… , and direct all Church censures , nather was any excommunication pronunced without their warrant ] seing the publick acts of the Nationall Assemblies are of more credite then this prelate , who knew as litle what it was to be a faithfull Historian , as he knew what it was to be an accurate Logician . Beside that An. 1562 at the Nationall Assembly , there were some Ministers chosen to assist the five Superintendents ( for no moe could be gotten setled for want of maintenance ) & had equall power with them , & were commanded to give accompt of their diligence unto every Nationall Synod , & there to lay down their office : And Mr. Spotiswood hath not the face to say that these Commissioners had Episcopall power , & yet their power was equall 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 Nationall Assemblie keeped , which did make severall Canons concerning the ordering the affairs of the church , and yearly there after once or oftener prore nata ▪ according to , & by vertue of her intrinsick power , she did keep her Courts , notwithstanding that in the meane time the Queen & the court were but smal friends to the Protestant cause .

Anno 1564 the Nationall Assemblie did send some Commissioners to the Queen to desire among other things [ that ●…o Bishoprick &c. having more Churches then 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 severall persons , so as every man having charge , may serve at his own Church , according to his vocation . ]

Anno 1566 at the eleventh Nationall Assembly the second Helvetian Consession of Faith was presented , & approven in all points ( except in the particular concerning festivall dayes ) by which Confession prelacy is accompted ane humane devyce , & no ordinance of Christ .

But Satan , envying the faire beginnings of this Infant Church , stirred up some of the Statesmen against her , who , having possession of Church rents , & Prelats Benefices , & fearing to lose the same , did therefor devyse 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 Earle of Morton stirred up the Earle 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 appoynted by the councill , & these twelve did condiscend to severall things tending to the setting up of Prelats . And according to these resolutions the Earle 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 moneths 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 Nationall Assembly there was a Protestation made against these inuovations , 〈◊〉 [ that whatever condescension should be yeelded unto , should be onely 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 then 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 conferr 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 prelats , 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 Iohn Dury protested that they should do nothing in prejudice of what he , & many other brethren had to object against their office . Mr Iames La●…son did seconde this , & moved the debate touching the lawfulness of the office it self . 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 onely 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 Policie aggreed upon at Leith , or setle some other forme of governement : It was resolved that a constant forme of Church policy should be sett down , & for this ●…ffect , they nominate twenty of their number to meet at severall times , & places , for the drawing the Modell thereof . And accordingly after some pains the second Book of Discipline is finished , & Anno 1577. at the Generall 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 Nationall Assembly , after prayer & fasting they appoint some of their number to exhibite 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 Counsellours conferr 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 Nationall Assembly desiring [ a farther consultation upon the heads , on which his Commissioners and their delegats did not accord the last year , to the end that when all the particulars are fully aggreed upon , they might be approven in the ensueing Parliament ] & in the mean time the Assemblies are going on , prohibiting any moe bishops to be chosen , & ordaining such as were chosen , to submit themselves to the determination of the Generall Assembly , under the paine 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 warrand in the word , & they ordained Provinciall Synods to call before them such bishops , as lived in their bounds , & ordaine them to give obedience to this act . His Majesties Commissioners who were present at this Assembly of Dundy did concurr with this Assembly , in appointing some of their number to consult about the Modell of the Presbiteries .

In this same yeer in the moneth of March ( for as yet the new year did not begin untill the 25. of march ) is the Nationall Covenant solemnely taken by the King , his Councill , & Court , & afterwards by the inhabitants of the Kingdome , 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 sworne to be defended .

Anno 1581. in Aprile at Glasgow the Generall Assembly did insert the book of Discipline in their Registers , & did show how the act touching Bishops made at Dundee , Anno 1580. did condemne 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 houshold , as also a plot of the presbiteries to be erected , mentioning their meeting places , & appoynting the severall parishes , which should belong to such & such presbiteries with a letter to the Noblemen & Gentlemen of the countrey 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 sun-shine , but it was followed with a very sad showre for when Amate Stuart of Aubignee , afterward Duke of Lennox , obtaineth by the death of the Earle of Mortoun , who was executed , & the banishment of the Earle of Angus , the superiority of Glasgow , & other things , to secure the same to him & his posterity , he aggreeth with Mr. Robert Montgomery Minister at Sterlin , to accept of the bishoprick , & to dispone to him all which belonged to that bishoprick , 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 bishoprick , under the paine of Excommunication , & the Presbitery of Sterlin is appointed to take notice of his cariage in doctrine & discipline , for they had found him guilty in 14 or 15 points ; but he went on , & notwithstanding the presbitery 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 paine of banishment , & with a company of armed souldiers entred the Church , & pulled Mr. David Weems out of the pulpit , & being summoned to compear befor the Synod of Lothian , the King causeth summond all the Synod to compear before him at Sterlin the 12 of Aprile . 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 Ecclesiastick 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 shortely thereafter , when the Generall Assembly is examining his processe , 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 armes to desist under the paine of Rebellion , but they thinking it better to obey God , then man . ordained Mr. Montgomerie to compeer befor them the next day , who compeered not , onely a Proctor in his name appealed unto the King . The Assembly did reject the appellation , & proceed to examine the libell given in against him , & finding him guilty of many hainous crimes , they ordaine him to be deposed & excommunicated , but ere the sentence be pronounced , they appoint some of their number , to aquaint his Maj. with their whole procedure : And ere long Mr. Montgomery submitteth , passeth from his appellation , acknowledgeth his faults , & professeth repentance , with such solemne obtestations , as affected the whole Assembly . Upon this the sentence is delayed , & the presbitery of Glasgow is appointed to advertise the provinciall 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 presbitery , according to the appointment of the Generall Assembly , were beginning a processe against him , the Laird of Minto provost of the Town , presented a warrant from his Maj. to stay the processe . & when they were going on , he pulleth forth Mr. Iohn Howeson minister at Cambuslang Moderator , & imprisoned him in the Tolbooth . But for all this Mr. Montgomery is excommunicated by Mr. Iohn Davidson , & the same was intimated in all the Churches . The council declareth the sentence null , against this the Ministers of Edenburgh give open testimonies in their preaching , & for this cause they are commanded to remove out of the Town , within the space of twenty fowre houres . At this time there was an Assembly sitting at Edenburgh who send some of their number with a supplication to his Majesty wherein they shew , [ That indeed he was the Head of the Commonwealth , but onely 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 Earle of Arran cryeth out , if there were any that durst subscribe the same where upon Mr. Andro Melvin answereth , we dare & taking a penne out of the clerks hand , sayeth to his brethren who were commissionated with him , comeforward , & so he & they did subscribe the same .

This storme is not yet blowne over , for the next year 1583. Mr. Andro Melvin is summoned before the Council , for saying in his preaching , [ That ministers should presente to princes the example of their predecessours , as Daniel did the exemple of Nebuchadn●…zar to Belteshar : But now if any should hold forth what evill 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 treasone . ] 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 medle therewith : But they proceed , & though they could get nothing proven , for his declining , he is commanded to the Castle of Edenburgh , & then to Blackness , but being advertised of his danger by his friends he retireth unto Berwick .

Ann●… 1584. the storme groweth to a height , for in May there is a parliament suddainly , conveened which dischargeth all Church judicatories , giveth the King power over all causes civil and ecclesiastick , & dischargeth all declining of the King & his Council in any mater , civil or ecclesiastick , under the paine 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 sixt , 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 , & Iames Carmichel , are denounced rebels , & are forced to flee into England : So are the Ministers of Edinburgh forced to retire , leaving an Apology behinde 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 yeeld obedience thereunto , & being denounced rebell he fleth into England . Now is Mr Montgomery established Bishop of Glasgow , & one Mr Adamson ( as naughty & vicious as any ) is setled in St 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 paine of banishment , confinement , imprisonement , deposition , & sequestration of their stipends : Whereupon many , in this day of trial , did faint & subscribe , thinking it a sufficient salvo to adde ( according to the Word of God ) but afterward mourned for it . Now none durst pray for the Ministers who had fled , under the paine of treason , so dark a day was this .

But neer the end of the next year , there is a change as Court , & the Ministers returne , 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 setling in the Church , & appointeth a Conference in February at Haly●…od house , where some articles were drawne 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 counsell 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 moe . 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 accorde to this , that both Bishops , and Commissioners should be subject to the triall of the Generall Assembly , & that , where they did reside , they should moderate provinciall Synods & Presbyteries , & in the meane time the order of the Presbyteries was sett down , & they proceed to examine the processe 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 Prelats 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 prelats finding themselves now in a staggering condition , thought it was their best to ingratiate themselves in his Majesties favour , & thereby secure themselves in their places , & therefore condiscended unto the Act of Annexation of all the Temporalites of benefices unto the Crown , which was a dilapidating of the Church rents . It is true Spotiswood putteth another face upon this busines in his History , but the man could change with the times , & speake another thing in his English History , then he durst speak in his Latine 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 satisfie the Court , & give away their revenues to their lusts .

Anno 1590. The Generall Assembly doeth abrogate the power of Commissioners , & devolveth the work on 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 governement of the Church was like other civil governements , & in labouring to have the Church in maters Ecclesiastick , subject to the Kings lawes : And with all he confesseth that the Earle of Arran had a minde to have burnt the Registers of the Assembly Anno 1584. & that at Falkland before they were delivered to his Maj. a Bishop & Mr Henry Hammilton took out some leaves , which spoke against the Governement by Bishops , & that he had consented thereunto .

Anno 1592. in May the Generall Assembly doth meet , & resolveth on some 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 Prelats , bearing the titles of Church-men , & giving voice in Parl. in name of the Church without her consent , be discharged to vote any more . When the parliament conveeneth in June . The liberties of the Church are ratified , & all her Courts , Generall , provinciall , and presbiteriall Assemblies , & Church Session●… : & the Ju●…sdiction & Discipline thero [ ●…s declared to be just , good , & godly in it self , in all time coming , not ●…anding of whatsoever s●…atutes , acts , canons , ●…vilier municip●…ll lawes made in the contrare ] All acts fomerly made for establishing the Popes authority , are abolished . It is likeways declared that the 129. act Anno 1584. anent the Kings Supremacy , & against declining of the King & his Councill in Church maters [ shall be no wayes 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 , maters 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 & annull that act of parl. 1584. which did [ grant Commission to Bishops , & other Iudges constitute i●… Ecclesiasticaell causes , to receive his Highness presentations to benefices , to give collation there upon , & to put order to all causes Ecclesiasticall ] And they ordaine [ that all presentations to Benefices be directed to the particular Presbiteries in all time coming , with full power to give Collation thereupon , & to putt order to all maters & causes Ecclesiasticall within their bounds , according to the Discipline of the Kirk .

Thus did the Lord cary on his work unto this period , notwithstanding of much opposition which was made thereunto by men of corrupt principles , wicked lives , & who loved not to part with the Church rents , the sweet morsell which they desired alwayes to enjoy : & now is the Chur●…h there become a shineing Church , being reformed both in Doctrine & in Discipline now is she become a pleasant vineyaird well dressed , & hedged about , & defended from the wilde boars of the forrest . King Iames himself was convinced of this , when he gave this reason to an English divine why that Church was not troubled with heresie viz [ because if it spring up in a parish , there is an Eldership there to take notice of it , & suppresse it ; if it be too strong for thē the psesbitery is ready to crush it ; if the presbitery cannot provide against the obstinate heshall finde moe witty he ads in the Synod ; if he be not convinced there , the Generall Assembly will not spare him ] yea seldome or never did any errour trouble all those Courts , for usually it was crushed by presbiteries , except what some Bishops did maintaine . And thus that Church was indeed as an army with banners , & terrible to the adversaries of the truth . Then were there endevours to have a through worke of Reformation caried on ; the iniquities of the land were searched out , corruptions in Ministers , & other ranks of people were taken notice of , effectuall courses were laid down for preventing such abuses in time coming . Publick Fasts were indicted & keeped whole eight dayes together . And thus [ the Lord created upon every dwelling place of Mount Zion , & upon her Assemblies , a cloud & smoak by day , & the shineing of a flaming fire by night , for upon all the glory was a defence ] , Isai. 4. 5.

But this faire Summer Suneshine did not long last . The infinitely wise God saw it sitt to bring that Church unto a wilderness againe , & to cause her meet with a dark , dreadfull , & long lasting winter night . Satan stirreth up Papists upon the one hand , who saw that if this hedg , of discipline were keeped up , they could not enjoy the liberty & peace they desired ; & prophane politicians & Courteours upon the other hand , who saw that by this Discipline their licentiousnes would be curbed , to bestirre themselves against this established discipline : And accordingly they use their power with the King , & at length prevaile to get him to oppose the discipline , & to prosecute that designe piece & piece till at length Prelats were established in all their power , as the following discourse will clearly evince .

When Anno 1596. the Popish Lords who had conspired with Spaine against the countrey , and had been upon that acount banished viz: Huntly Arrol & Angus were called home , the Church saw Religion in danger , & ordained that particular flocks should be advertised hereof , & indicted a Fast , & appointed that some out of each Presbitery should concurre with the Presbitery of Edenburgh in considering of the most expedient way for securing , of Religion : and now because the Church would not consent unto the Kings calling home those popish Lords , he is stirred up by his popish Courteours against the Church , & incroacheth dayly more & more upon her liberties . For Mr D. Black minister at St Andr. is cited before the Councill for some alledged expressions in his sermon . The ministry , seeing that the spirituall Governement of the house of God was intended to be quite subverted , thought it best that he give in a Declinatour & there in shew [ that though he was able to defend all that he spoke ; yet seing his answering to that accusation before them might import a prejudice to the liberties of the Church , & be taken for an acknowledgement of his Maj: jurisdiction in maters meerly spirituall ; he was constrained to decline that Judicatorie . 1. because the Lord Jesus had given to him his word for a Rule , & so he could not fall under any civill law , but in so farr as he should be found , after triall , to have passed from his Instructions , which triall belongeth onely to the prophets . 2. The libertie of the Church and Discipline presently exercised was confirmed by diverse 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 owne the same , and in testimonie of their chearfull & hearty owning therof , it was subscribed by three or fowre hundereth Ministers . This displeased the King so , that he by open proclamation commanded the Commissioners of the Church to depart out of Edenburgh within twenty fowr houres , under the paine of rebellion : but notwithstanding of this , they resolve to stay , & to see that the Church priviledges should not be wronged , & send some of their number to speake to his M●…j . unto whom he answered , that if Mr. Black would passe from his Declinature , or if they would declare that the Declinature was not a generall , but onely a particular one , used in Mr. Blacks case alone , as being a cause of slander , & pertaining to the judgement of the Church , he would passe from the pursuite of Mr. Black , But , after consultation , the Comissioners resolved to adhere unto the Declinature , unlesse his Maj. would passe from the processe , & remitt the same unto the Church Judicatory , & would make an act of Councill , declareing that no minister should be charged for his preaching , &c. Whereupon the King charged the Commissioners of new to depart , & caused cite Mr. Black unto the last of November , & withall 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 presente a supplication , desiring them to remitt the question unto the Judge competent , but the Councill goeth on , & therefore they protest that the processe in hand , & whatsoever followed thereupon should not prejudge the liberty of the Church , in maters of Doctrine . Afterward the King sendeth unto the Commissioners , shewing 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 Christs Kingdome had received such a wound by the Proclamations published the last Satterday , & 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 condiscended to publish by a Declaration , that he would not diminish any lawfull power or liberty , which they or their Assemblies had , either by the Word of God , or lawes of the land , & that the proclamation discharging Barons & others to meet with ministers was onely meaned , of their meeting in armes , & that the Interloqu●…tor of the Council should not be used against Mr Black or any other minister , untill a lawfull General Assembly , providing that Mr Black would declare in his presence the truth of the points libelled before some ministers . But afternoon the Kings minde 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 paine of the lose of their stipends . The tenor wherof followeth .

Wee the Pastors , & ministers of Gods word undersubscribing humbly acknowledging our duty to God , & obedience to the King our Souveraigne Lord , whom for conscience cause , we ought to obey ; Confesse that his Grace is soveraigne Judge to us , & each one of us in all causes of sedition , & treason , & other criminal & civill maters , & to all our speaches , which may import the saids crimes . albeit uttered by any of us publickly in the pulpits ( which God forbid ) or in any other place , & that the said pulpits , nor any other place whatsoever , hath not that priviledge & immunity to be occasion or pretence to any of us , of declining of his Maj ? judgement , in any of the saids civill or criminall 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 saids pulpits , before the people where the word of Gods truth & salvation should be preached by us to our flocks . In witness wherof , & of the humble acknowledgement of our duty in the premisses , we have subscribed these presents with our hands , & are content that the famine be registrat in the books of secret Councell in futuram rei memoriam .

But faithfull ministers refused upon all hazards to subscribe the same , seeing that it was a crossing of their Declinatour , contrarie to the acts of the Generall 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 & onely 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 schisme in the Church which is sedition : and seeing thereby they should be bound up from faithfull dealing in the name of the Lord ; & because they saw it was devysed of purpose as a snare to their consciences .

After this Anno 1596. the king driveth on his designe , & indicteth an Assembly at perth , & formeth 55 problemes , by which the Discipline of the Church , formerly established , was questioned , to be there debatéd ( these problems with the following Historie at more length are to be seen in the Historie penned by Reverend & laborious Mr Petry , & therefore a short relation shall suffice here ) & being perswaded by his Courtiours , that he should never gaine his purpose , till first he took some course to breake the Union of the Church , he prevaileth with Mr Patrik Galloway & Mr Iames Nicolson , who had been chief , a little before , in advising Mr Black to decline , & causeth Sr 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 mid-night . They were for all this ; two dayes in debating whether they were a lawfull Generall Assembly ; but honest men protested against it . The meeting at length condiscendeth to these particulars . 1. That no minister should reprove his maiesties lawes , acts , or ordinances , untill such time , as first he had , by advyce of Presbitery , 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 Assise , Excommunicated , contumacious after citation or lawfull admonition : and none should be vively described , except by publick vices alwayes damnable , 3. That there should be no summary Excommunication , untill the next Generall 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 Ecclesiasticall . 3. That summare Excommunication be suspended , & 4. That Presbyteries should desist upon his Majesties 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 setling stipends unto ministers , to provide ministers to eminent places of the Countrey , to present petitions & grievances of the Church to his Maj. & to give his Maj. advice in maters serving for the good of the Church . These pretexts seemed plausible to many , but the event will shew what was really intended : For ere long these Commissioners , as they were called , incroach 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 Kingdome , might have liberty to vote in Parliament ( an evill , 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 Prelats , 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 spirituall policy of the Church , it was remitted to be advised by his Maj: & aggreed upon with the Generall Assembly ; & that without prejudice of the spirituall Jurisdiction & Discipline of the Church , permitted to Generall Assemblies , Synods , Presbiteries , & Sessions , & established by Law . Then they move the King to call an Assembly at Dundee before the time appoynted , to the end they might get their own deed approven ; where , after much worke , & after many threatenings to some , & promises to others , made by the King himself who was there present , & had commanded Mr Melvin & Mr Iohnston Professours of Theology in St. Andrewes forth of the town , under the paine of banishment , their deed is approven . But zealous & faithfull 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 preceeding Assemblies , as null , & not lawfull , & when he removed severall 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 Iames 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 severall meetings , as one at Falkland Iuly 29. 1598. where were some debates about this mater . & some cautions condiscended on , limiting these Parliamentary Ministers , To propone nothing without expresse warrant from the Church . To be accomptable to the Generall Assembly , & subject to their Presbitery & Synod . To usurp no power of Jurisdiction or Ordination , but every way else to cary themselves as other ministers , & the like ; & to all these , & other points necessary they were bound to swear & subscribe . But how litle regard was had to these Cautions , sworne , & subscribed , may be seen by what Spotiswood sayeth in his History pag. 453. viz [ That it was neither the Kings intention , nor the mindes 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 cary on his purpose .

Anno 1600. There is a Generall Assembly at Montrose , where the matter is againe debated , but no answer made to the arguments of the honest party , onely the Kings authority is made use of , as an answer to all : And so at length , what by menaces , what by flatterings made by the king himself , who was there present , the former resolutions are concluded , onely they allow of the Cautions condiscended on at Falckland , & will have these Parliamentary Ministers to give an accompt yearly unto the Generall 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 latine pamphlet called Refutatio libelli , &c. 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 , onely 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 undenyable that these men arose to Prelacy by open and avowed perjury , as their successours of late have done .

Anno 1601 , & 1602. The Assemblies follow forth his Maj. designe , 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 presbitery viz Mrs Iames Melvin , William Erskin , & William Murray went to Aberdeen the day appoynted , & presented their Commissions , taking Instruments in the hands of two publick Notars , before some ministers of the towne , & others . When the next dyet , Anno 1605. was approaching , they move the King to prorogue againe the Assembly unto an indefinit time , & therefore from London he sendeth to the Commissioners to stay the meeting of the Assembly , untill he gave advertisement , wherupon they write to severall 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 onely 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 Councell , & desired an answer . They replyed , that they behooved 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 , untill 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 behooved to preserve their liberty , & so , seeing Lawreston refused , they appointed the next Assembly to be at Aberdeen the last Tuysday of Sept. & advertised Presbiteries therof . When Lawreston seeth this , he protesteth against them as no lawfull Generall Assembly , & giveth his reasons , which were answered , & they protest to the contrary , & thereupon by a messenger of armes he chargeth them to depairt under the paine of treason , & because , as he alledged ; he had discharged them , the night before , by open proclamation at the mercat Crosse to conveen under the paine of treason , he causeth denounce them rebells . Whereupon in Septr . Mr Welsh & Mr Forbes were imprisoned by the Councill in Blackenesse , & 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 triall of that Generall Assembly might be referred to the indicted assembly at Dundee , but are not heard . And therefore , when they are sisted before the Councill 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 Generall assembly hath been , & should be a matter spirituall , & alwayes cognosced & judged by the Church , as Judges Competent within this Realme , & seing we are called before your Lo: to hear & see it found & declared , that we have contemptuously , & seditiously conveened , & assembled our selves in a Generall assembly at Aberdeen , the first Tuysday , of July last , & the said assembly to be declared unlawfull , as an more length is contained in the summonds , executed against us . We in consideration of the premisses , & other reasons to be given in by us , have just cause to decline your Lo. judgement , as no wayes competent in the Cause above specified - & by these presents we simpliciter decline the same , seing we are most willing to submit our selves unto the triall of a Ge nerall Assembly which is onely the Judge competent . ] When the King heareth of this Declinature , he lent down directions to the Councell to proceed against them according to the lawes , & sent down the Earle of Dumbar for that effect . Whereupon six of them viz Mrs Iohn Forbes , Iohn Welch , Andrew Duncan , Iohn Sharp , Robert Dury , & Alexander Strachan , are endited of high treason upon the act of Parliament . 1584. & sisted before an Assise at Lithgow and what by illegall procedures , & threatenings , with fair promises , used by the Earle 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 guiltie of treason by nine of the fifteen Assisers , & so sent back to their prisons . Then doth the king send for Mrs Andro Melvin , Iames Melvin , Iames Balfour , William Watson , William Scot , Iohn Carmichel & Adam Colt , & detaineth them long at London , seeking to intangle them with questions & at length Mr Andro Melvin , is imprisoned in the Tower , till the Duke of Bulloigne three years thereafter procureth liberty to him to go with him Mr Iames Melvin , dieth at Berwick , & the rest are confined to severall places , of the countrey . While these ministers are at London , the king signifieth his minde , that the six condemned ministers should be banished out of his Dominions , & the other eight should be consined as followeth . Viz ; Mr Farme in Bute , Mr Monro in K●…ntire , Mr Youngson in Arran , Mr Irvine in Orkney : Mr VVilliam Forbes in Yetland , Mr Gray in Caitnesse , Mr English in Southerland , & Mr Rosse in Lewes .

In this same year Anno 1606. there is a parliament conveened in July , which acknowledgeth his Maj. soveraigne authority , princely power , royall prerogative , & priviledge of the Crowne over all Estates , persons , & causes , & promiseth to maintaine the same with their lives , lands & goods , & restoreth the bishops to their ancient , & accustomed honour , dignities Prerogatives , Previleges , livings , lands , teinds , rents 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 mountaine a lively patterne , according to which his own tabernacle should be framed , & that they would not bring into the kirke of God , the Ordinance of man , which hath been found the ground of much evill , & of that Antichristian Hierarchie . That they would not build Iericho againe , 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 moderne most learned , & godly Divines , the Doctrine & Constitution of the Church of Scotland , the lawes of the Realme , the well & honour of the kings Maj. the peace & quyetness of the realme & the well of all & every one of the subjects , and then . In the name of the Church in generall , & of their presbyteries , & in their own name & of all other pastors , for discharging of their duety & 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 Iohn Abernethy , & Mr VVilliam Couper , who afterward became bishops themselves .

When prelats are thus advanced to their civill dignities , there are wayes essayed for advancing them in their spirituall power : and this same year there is an assembly indicted at Lithgow the 10 of December ; but onely some presbyteries , in whom the king confided most , were advertised hereof , & the businesse 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 Generall 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 owne this Act , but at length were charged to obey under the paine 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 businesse 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 Earle of Dumber was sent thither with a strong guard to affright the ministers , so as severall ministers ; coming out of the west with a purpose to protest were forced to returne back againe . 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 Earle & complained that though he travailed furdest , and had least to live upon , & though his vote was as good as the best ; yet he was neglected , to whom the Earle replyed , that he was too late in coming , & asking 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 Generall Assemblies belonged to the king , by the prerogative of his Crowne , & without his license all such meetings were unlawfull . 2. That Synods should be moderated by the Prelats , or some appointed by them . 3. No excommunication or absolution without the Bishops approbation , & direction , who is answerable to God & to his Maj. for his proceedings 4. All presentations must be directed to the Prelats . 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 absente himself from the Bishops 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 publick , nor dispute about the equality or inequality of ministers .

This yeer also was the High Commission instituted , & proclamed by a Herald giving power to the Archbishops to depose , excommunicat , imprison , fine & confine , for causes Ecclesiastick , 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 returne , they consecrate the rest , & then all of them domineer over the people , & over the faithfull ministers .

Anno 1612. a Parliament conveened , 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 , Iames the sixth , by the grace of God King of Scotland , &c. is the onely lawfull supreme Governour of this Realme , as well in matters Spiritual & Ecclesiastick , as in things temporall , & that no forraigne Prince , State , nor Potentate , hath or ought to have any Jurisdiction , Power Superiority , Preheminence , or authority , Ecclesiasticall , or Spirituall within Realme . And therefore I utterly renunce & forsake all forraigne Jurisdiction , Power , Superiorities , & authorities , & promise that from this forth , I shall & will bear faith & true allaidgeance to his Highnesse , his aires , & lawfull successours : And to my power shall assist & defend all Jurisdictions , Privileges , Preheminences , & authority , granted & belonging to his Highnesse his aires & lawfull successours , or united & annexed to his Royall Crown . And furder , I acknowledge & confesse to have & to holde the said Church , & possession of the same , under God , of his Maj. & his Crown Royall of this Realme . And for the saids possessions I do homage presently to his Highnesse in your presence , & to his Majesty , his aires , & lawfull successours 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 successours in all things lawfull . 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 Sherifs , & other magistrats . They meddle with blasphemie , heresy , schisme , errour , Idolatry , simony , lotry , absence from the Liturgy on holy Dayes , perjury , incest , adultery , fornication , rapes , clandestine marriages , stricking of clergy men , speaking against their meetings . They have power to excommunicat , silence , depose , sine , imprison , & confine as long as they please , & the Secret Councell must pursue the contumacious as rebells .

Anno 1617. A Parliament conveeneth , at which the King himself is present , & maketh an act [ That whatsoever his Maj. should determine in the externall governement 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 passe 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 Generall assembly . And upon Mr Galleway's undertaking the king indicteth a meeting at St Andrews Nov. 25. 1617. At this assembly no more could be gotten yeelded to , but private Communion , & that ministers should give the Elements in the Lords supper out of their own hands to each Communicant . But all this did not satisfy his Maj. & therefore he wrote sharpe letters , to the Archbishops & commanded them to preach on Christ-masse 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 vaine : 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 Baptisme , observation of Holy dayes , & 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 lawfull premunition , but onely 20 dayes , by which meanes 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 &c. they looked upon it as no lawfull Generall 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 humore 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 paine of deposition , imprisonement , & confinement , & so they rage without all law .

But at length Anno 1621. there is a parliament conveened , unto which the Honest ministers give in a supplication for safe liberty to enjoy the true Religion , as Reformed in Doctrine , Saoraments , & discipline , & openly professed , sworn , & practised , by Prince , Pastor , & people of all ranks , without Innovations : and that they would not suffer the faithfull honest ministers to be smitten , & the stocks to be committed to wolves : & blinde guides . But Iuly 24. they were all discharged forth of the towne by open proclamation : The presenter of the petition Mr Andrew Duncane minister ar Crail was incarcerated . When the ministers remove conforme to the proclamation , they leave in write behinde them strong reasons why the Parliament should not ratify the acts of the pretented assembly at Perth , & shew both the nullity of the assembly in point of formality , & the illegality of any such Ratification , as being against severall acts of Parliament , his Maj. proclamation published & printed , & the Nationall Covenant , & upon severall other grounds . As also they leave a most Christian & faithfull admonition to the well affected Nobility , Barons , & burgeses members of Parliament , unto constancy & faithfulnesse . Yea moreover in case all this should not prevaile , they leave a Protestation in write : but the minister who had it to present gote not accesse , & so was forced to affix Copies thereof upon publick places of the towne .

But notwithstanding of all this , there is a fixed resolution to have these articles ratified , which made some honest members with draw : severall informalities are used , contrary to the usuall freedome of Parliament , much pains taken to gaine some , & after the report was made to go , that the Parliament would not rise for severall dayes to come , which made severall members the more secure ; Saterday 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 shewing of himself at the giving of the Law ) for at the very instant when the kings Commissioner arose to touch this act with the Scepter , there came in at the windowes a great lightening , & after that another greater , & then a third most terrible : Immediatly there followed an extraordinary darknesse astonishing all . The lightenings were seconded with three terrible claps of thunder , & then their came an extradinary great showre of haile , & after all this such a terrible showre of raine , that made the streets to run like rivers , by which meanes the parliament was constrained to stay within doores , an howr & an half , & went home thereafter without their robes .

Upon the 20 of August , when these acts were published at the Crosse , the minister , who was intrusted with the Protestation , affixed a copy thereof upon the Church door , & another upon the Crosse , & 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 preceeding 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 , lightenings , & raine . And thereafter the Lord made the whole countrey feel the weight of his anger , for the cornes did rott through excessive raines : waters became so great that they sweeped away in severall places cornes , cattell , 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 towne almost drowned , many of the Sea-townes which favoured the Articles , received great dammage by Sea . And there followed three years dearth & famine , & Epidemick diseases , wherof many died . Thus did the Lord plead from heaven his controversy , & testify his displeasure against those courses .

But notwithstanding of all this , the Prelats , having now all power in their hands , prosecute their worke , & tyrannize over all ranks , so as the inhabitants were more affrayed of crossing their commands , then 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 tyrannicall Court .

Now is there a black cloud over the Church for many years , piety is dayly decaying , formality , & profanity increasing , the godly are mourning & lamenting , & the wicked rejoyceing . But the Prelats 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 priviledge annexed to the Crowne , & by this means a door was opened to bring in the Surplice , the Corner cap , & other trash . These worthies being traduced by the Prelats , as contemners of authority , & sowers of sedition in Church & State , procure the kings displeasure by their freedome ; For the king did not onely chide them openly , but with his own hand he wrote down their names , as disloyall subjects ; which made these Nobles thinke of drawing up a supplication , which being drawn up by William Haig his Maj. solicitour , was committed to the trust of the Earle 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 Bishops hands , & they deliver it unto the king , & withall complaine of those Noble-men , as standing in the way of his subjects yeelding chearfull obedience : And upon their importunat requeests , there is a Commission granted to certaine 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 confiscat . 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 prelats do reigne , there being none who durst peep , or move a wing against them . The Achprelate of Saint Andrews was Chancellour , other eight of the prelats were in great places , being either Lords of the privy Councell , or Lords of the Exchequer : & being thus lifted up in power & honour , they are puffed up with pride , & what durst they not attempt now ( thinke 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 governement is taken away . Parochiall Sessions , & Classicall Presbyteries are accounted Conventicles ; Ruleing Elders & Deacons are cast out of the Church , & all Ecclesiasticall causes are brought only to the Pelats tribunall . 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 kings command , as the onely forme of publick divine worship . Every Parish is commanded to have two at least of these books , under the paine of horning & being punished as rebells : And a strict command cometh forth , enjoyning the same to be used from Pasch & forward Anno 1637. But some of the Prelats as of Rose & Dumblaine , did anticipate the day , & made use of it in their Cathedralls , Others of the Prelats propone the matter to their Synods : but the Ministers replyed that such a change should not be made without a Nationall Assembly ; but it was answered that they were the Representatives of the Church : However some prelats gave Ministers liberty to advise untill . 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 Prelats & 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 , & wilde boars , all the Discipline which was , was tyrannie over consciences , & over mens persons , & estates , profanitie was not curbed , but encouraged , Prelats themselves being chief in all those crying abhominations , as will be cleared ere long : yea that poor Church was now posteing fast to Rome . The Prelats & their underlings , beside the points of Arminianisme ( which were accounted speciall pieces of their qualification ) did avow openly severall points of Popery ; so that it was taught publickly in the chief Citie . That the Pope was not Antichrist . And thus all things were growing worse ; the worship corrupted & like to be corrupted more , & the mindes of people were filled with feares , that God would depairt , & leave that Church altogether ; so thattheir case looked most deplorable , & desperat 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 finde it now by experience , that whē the storme was sorest , it was neerest an end , & that this was as the darke houre 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 cruell task-masters , till they could do no more , & sheweth 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 carnall reason to be despicable at the beginning ; so the Lord began this great change & alteration of affaires 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 liturgie in all haste , the Bishop of Edenburgh , the first sabbath day thereafter resolved to do it , & when he beginneth , there ariseth a tumult among the people , begun by some women , which encreased so as that the prelate , when he came out of the Church , did hardly escape , & in the rest of the Churches of Edenburgh the reading was stopped : Immediatly after dinner the Secret Counsell did meet , & resolve to search out the authors of this tumult , & commanded the use of the service book , & all to speake reverently of the Bishops ; but , notwithstanding of this , the people rage more then ever , against the Prelats , & after the afternoons sermon they set upon the Prelate with stones , & forced him to flee .

About this time , in other pairts of the Kingdome the ministers & honest people , who were urged , & could not give obedience , resolved to follow a more regular way , and to supplicat the Councell , & to give in a note of the errours contained in these books , which accordingly they did : so from severall pairts of the Kingdome , there came Ministers & professours with supplications , sheweing how 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 rent , some adhering to the Ambrosian Li●…gy others choosing the Romane of Oregorian Liturgy ; how dangerous it was to change the Worship , & bring in a worse ; & how the King foure years before , at his Coronation , did solemly swear that he would alter nothing in the Kingdome of Scotland , without the free consent & advice of those having Interest . Unto these Supplications the Councill at first gave a favourable answere , & told that it was not their minde ; to presse the publick use of these books , & that they had forbidden the Bishops to presse the use of these books any more , & that they had signified their minde to his Maj , & were expecting a returne . The petitioners likewise sent their supplications to his Maj. with the Duke of Lennox , who was then returning to London , & withall did wreastle with God by prayer & fa●…ing that he would incline the Kings heart to hearken unto their just desires , & would frustrate the endeavours of their adversaries . But when the expresse cometh from his Maj. all the answere they get , is , an Edict published Octobr 18. commanding them to go out of the towne of Edenburgh within few hours , under the paine of Rebellion . When the Petitioners see this , the next day , they resolve to act all together joyntly , that his Maj. might know it was not a few Puritanes ( as the impure Prelats were pleased to nickname them ) but a great mulitude of his Maj. most loyall subjects of all ranks , who were dissatisfied : And they draw up a complaint against the prelats , & desire liberty of the Councell to pursue them legally , as being the onely authors of the Book of Canons , & liturgy , which containe the seeds of Superstition & Idolatry , & as being guilty of many other crimes , & that under the highest perrill : And withall they shew the Councell that they could not leave the towne , untill they saw some course taken for delivering the land from the present & imminent dangers . When the Councell saw that the number of the Petitioners was great , & dayly increasing , fearing the worst , they desired the petitoners would choose some of their number as their Commissioners , to prosecute their business , that the multitude might depairt , & this was yeelded unto . But ere long the Councell is discharged by an Expresse from his Maj. to meddle any more in that matter : Whereupon the Supplicants are necessitated to draw up a Protestation , declaring that if any tumult arose , through their prosecution of the Cause , the Councell onely might be blamed , as refusing justice . When the Counsell heareth of this , they resolve to hear the desire of the Commissioners , & advise the Bishops to withdraw themselves . When the Commissioners compeer , they show their Intention was to prosecute their business against the Prelats , whom they would prove guilty of grievous crimes , under the highest perrill , & therefore desired the prelats might be excluded , it not being fit that parties should be judges , The Councell , because of the forementioned Expresse , might do nothing : Onely they write to his Maj. who thereafter sendeth for the Earle of Traquair ; but he , for fear of the Prelats did misrepresent the Cause of the Supplicants , & returned with a Proclamation from his Maj. which he caused publish at Sterlin ( where the Councell was sitting ) in Febr. 1638 , In which Proclamation the King owned the books which the petitioners did supplicat against , and condemned the meetings of the Supplicants , as conspiracies contrary to the lawes of the Land : Against this the petitioners prepared a Protestation , a copy wherof was affixed at the Crosse of Sterlin , & herein protested against these Books , as full of errours , as Innovations ; against their refusing to receive libells against the Prelats ; against the High Commission Court obtruded on Scotland contrary to the fundamentall lawes of the land , without any Municipall law : That prelate should not be judges in their own cause : And that all their own meetings were lawfull : And that they could not forbear with a good conscience , unlesse they should wrong the Glory of God , the honour of his Maj. & the liberties of kirk & Kingdome . And because they were commanded to depart forth of the town of Sterlin , they go together towards Edenburg , & there after serious thoughts they finde the maine procureing cause of all these calamities , to be the violation of the Nationall Covenant , & therefore unanimously they resolve to renew that Covenant , & accordingly they draw it up , with some explicatory additions , & confirmations out of the acts of Parliament , & binde themselves [ to adhere unto , & defend the true Religion , & ( forbear●…g the practise of all novations already introduced in the matters of the worship of God , or approbation of the corruptions of the publick government of the Kirke , or civill places & power of Kirkmen , till they be tried & allowed in free Assemblies & in Parliaments ) to labour by all meanes lawfull to to recover the purity & liberty of the Gospell , as it was established , & professed before the foresaid Innovations ] & promise & swear to contino●… in the profession and obedience of the foresaid Religon , ●…resist all contrarie errours and corruptions , ând that they had no intention to attempt any thing , that might turne to the dishonour of God , or to the diminution of the Kings greatness and authority , and to defend themselves mutually in the same cause , &c. When the Covenant is thus drawn up it was subscribed by all present , & copies thereof were sent to such as were absent , & being read in the Churches was heartily embraced & sworne , & subscribed with tears , & great joy . Great was this day of the Lords power , for much willingness & chearfulness was among the people ; so as in a short time few in all the land did refuse , except some Papists , some aspiring Courteours , who had no will to displease the King , some who were addicted unto the English rites & Ceremonies , & some few Ministers who had sworne the oath at their entry which was mentioned Anno 1612. Yea such willingness was among the nobles & others , that they had their own copies of the Covenant , subscribed by others of the Nobles , Barons , & ministry laid up in their Charter chists , where possibly many of them are at this day .

When matters are at this passe , the Prelats do animate his Maj. to a war : and the Covenanters desireing his Maj. might be rightly informed wrote unto the Duke of Lennox , marquis of Hamilton , & the Earle 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 setle peace ; But in the mean time , there is a ship sent from London with Amunition ; unto the Castle of Edenburgh which because not usuall , 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 Generall Assembly , & a lawfull Parliament . He replyeth , that he was not able to grant either , unlesse they would render back their subscribed Covenant , but this they could not do , without open perjury : So that he resolveth to returne , but first July 4 he published a Declaration , against which , contrary to their resolution ( for they were made to beleeve it was some other thing then indeed it was ) they drew up a Protestation , & hearing that the Councell had approved of the said proclamation , they prepare a supplication , but the Councell did not suffer the Act to be recorded , but did tear it in Pieces , & thereafter Hamilton , & the most part of the Councell declared solemnely that the act of the Councell 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 againe , he promiseth to procure a warrant from his Maj. for a Generall assembly before the 22 of Septr , otherways they should have free liberty to appoint one themselves : And when , according to his promise , he returneth againe , he bringeth a proclamation with him , tacitely condemning all the proceedings of the Covenanters , & marring the freedome 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 Councell publish his Maj. Indictment of an Assembly to be holden at Glasgow Nov. 21. & of a Parliament to be holden at Edenburgh the 15 of May thereafter Anno 1639. As also a new engine is used for disappointing the Covenanters in their explicatory addition viz. The Councell at the Kings command subscribe the Nationall Covenant , & the bond for his Maj. preservation , & appoint Commissioners to see it done through the Kingdome , but withall there is a clause added viz. [ We subscribe the Confession of faith , of , & according to the date & tenour , Anno 1580. & 1590. & as it was then professed within , this Kingdome ] supposing ( but by a grosse mistake ) that at that time Prelacy , & Ceremonies were then professed : But the Prelats , fearing this would not abide the triall desired the Councell to signe a writing , obligeing themselves to defend Episcopacy , S●…o shew 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 meanes used by the Prelats to hinder it . The Prelats being summoned , compeer not , but decline the Judicatory . Within some dayes the Marquis of Hamilton being the Kings 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 then man : & then did take into consideration the grounds of the Declinature , which may be seen atlength in printed papers , & in Mr Spangs Historia Motu●… , &c. Upon the 29 of Nov. 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 , finde that all these Meetings of ministers which had brought in these Innovations that had troubled the Church so much , were no lawfull Generall 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 diverse 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 , unlawfull , & null Assemblies . The reasons are more fully to be seen in the printed Records of the Assembly . Likewise they condemne 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 , & forme of divine service , many Popish errours , & ceremonies , the seeds of manifold & grosse Superstition & Idolatry , & so repugnant to the Doctrine , Discipline , & order of the Church , to the Confession of faith , constitutions of Generall Assemblies , & acts of Parliament establishing the true Religion . So do they condemne the book of Canons , as devised by prelats ( without warrant & direction from the Generall Assembly ) to establish●…●…nicall power in their own persons over the worshipe of God , mens consciences , liberties , & goods , & to overthrow the whole Discipline & governement of the Church by Gene●…ll & provinciall 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 condemne the Book of Consc ●…tion & Ordination , as being in●…ced without wa●… civill or Ecclesiastick , 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 duety ●…er their entry . They condemne the High Comm●… as ●…cted without the conseur of Church or State , as subverting the ordinary Church Iudicatories , as arbitra●…y & not regulated ●…y lawes civil or Ecclesiastick , as giving to Church men the power of both swords , & to persons meerly civill the power of the Keyes , & so as unlawfull in it self , & prejudiciall to the ●…ties of Christs Church & Kingdome , & the Kings honour in ●…taining the established lawes & Iudicato●…ies of the Church . ●…o do they shew & 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 Nationall Covenant Anno 1580. which shall be more fully cleared afterward . So ●…ving examined & discussed the severall processes given in a●…inst the pretended prelats , 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 aggreed on in the Assembly 1600. for receiving Consecration to the office of Episcopacy , pressing the Church with Innovations . Particularly Mr Spotiswood for open & ordinary prophanation of the sabbath , drinking over late in taverns , venting atrocious slanders , interlining & changeing the Acts of the Assembly at Aberdeen , facrilege , Simonie , & conniving at Heterodoxies . Mr Linsday of Glasgow for oppressing of the Consciences of the Ministers in his Dioecy , extorting money from some ministers , withholding stipends from others , oppressing his Vassals , and forceing Probationers to swear some idle & vaine oaths , which he had invented . Mr Lindsay of Edenburgh for admitting none to the ministry but such as would first take upon them the order of Deacons , for bowing at the Altar , useing the Rotchet & other Masse-cloths in time of divine service , consecrating Temples , useing the Rite of Elevation at the Celebration of the Lords Supper , conniving at Heterodoxies , & maintaining the Ubiquity of Christs body . Mr Sideserf of Galloway for open & ordinary prophaneing of the Lords day , exercing tyranny in his Dioecy , conversing with Excommunicated papists , & defending all the Arminlan & many popish opinions . Mr Maxwell for kneeling before the Altar , wearing popish garments , playing at Cards & Dice on the Lords day even when the Sacrament had been given , oppressing his vassalls , keeping friday fasts , & defending all Arminian , & many of the most grosse Popish opinions . Mr Whitefoord for such flagitious crimes , as were notour to all . So do they depose & Excommunicate . Mr Ballantine of Aberdeen , & VVedderburne of Dumblane for the generall crimes , & particularly Mr Ballantine for Simony , for suspending Ministers , because they keeped a fast on the Lords day dedicating a Chappell , freeing Papists suspected of Incest from Church censures , & turning such an Apostate after he had appeared once so zealous for the truth . Mr VVedderburne for concurring with Mr Maxwell in drawing up the book of Canons , swearing , profancing the Lords day , & commending Arminianisme , & many points of Popery . So do they depose Mr Lindsay of Dunkell & Mr Abernethy of Cathnes , Mr Guthry of Murray , Mr Grahame of Orknay , Mr Fairly of Argile , & Mr Campbell of the Isles , as for the generall crimes common to all , so in particular Mr Lindsay for Simony , Mr Abernethy for Simonie , Mr Guthry for being the first who did put on the Surplice in Edenburgh Anno 1633. & professing he would be yet more vile to please the King . Mr Grahame for profancing the Lords day , sacrilege , conniving at adultery . Mr Fairly for oppressing Intrants with new oaths , profancing the Lords day , & defending the Arminian opinions .

Thus are those enemies to Church & State , after they had oppressed , & tyrannized over that poor Church for a long time , wonderfully brought under her feet . So let all thine Enemies perish o Lord .

And now being filled with rage they all ( except some few who had acknowledged their wronge ) run to Court , & stir up his Maj. to make warr against Scotland , & accordingly warr is concluded both by Sea & Land , free tradeing is taken away , the Scottish nobility at court are made to abjure the Nationall Covenant , & the Assembly at Glasgow . The English Nobility with all their forces are commanded to meet the king at Yorke April 10. 1639.

When the Covenanters see this preparation , they emit 〈◊〉 Declaration shewing [ that Religion was their onely worke , Conscience their onely Motive , & Reformation their Scope , that they intended no harme to his Maj. nor did they intend to invade England ( whatever their malicious enemies did say to the contrary ) & that all this was brought about by the means of some proud , perverse , & Popishly affected Prelats . ] But this Declaration was suppressed in England , so that they might not know the true State of affairs ; and there is a contrary Declaration emitted , stileing the Covenanters seditious rebells , & the like , which was read in all the Churches of England . Withall , the Covenanters learne that the Earle of Huntly is made governour of the north , that they are all declared Rebells in England ; that Berwick & Carlile frontier cities were strongly garrisoned , that the Earle of Arundale is made Generall , that the King was to Rendevouz , at York , That Huntly had already four or five thousand in armes , That Aberdeen was fortifying it self to take in the Kings navy , That the Papists in the South were ready to rise with the Marquis of Douglas , & Lord Harris , & that the Deputy of Irland intended to Hand some men in the west : And therefore after fasting & prayer , they resolved ( being in a sort the whole body of the Land , the Nobility , Gentry , Burgesses , Commons , & Magistrats of all sorts in City & country ) to put themselves in a posture of defence , & to strengthen themselves against Invasion , the best way they could , & to suppresse the enemies within their own bosome : Wherein ; the Lord blessed them so ▪ as their enemies both in the North & South were compesced , & with all they did emit a Declaration vindicating themselves & their actions from all the aspersions of their enemies , & answering , his Maj. Declaration read in the Churches of England , that they might undeceive those of England .

May 1639. The Kings Navy cometh to Scotland with some thousands of men & much provision . The Covenanters send a supplication to his Maj. but in vaine , for nothing is intended but fire & sword . The King approacheth their borders with an army , & the two armies are near to joyne in battell . But God was pleased to prevent the shedding of bloud , by moving the King to a Pacification , wherein the King promiseth & declareth that all causes Ecclesiasticall should be determined by Church Assemblies , and that there should be a Generall Assembly every year once , and that civill matters should be determined by Parliaments , That there should be an Assembly held at Edenburgh the 12. of August next , and a Parliament thereafter to ratify the Acts of the Assembly Whereupon the Scotish forces are disbanded , the Castles are surrendred , & now the whole land looketh for nothing but peace .

The Assembly is opened up August , 1639. & the Earle of Traquair is present as his Maj. Commissioner , all these things which were before concluded in the assembly of Glasgow , are established , his Maj. Commissioner assenting . The Covenant was approved in all its heads & clauses , & was subscribed both by Traquair his Maj. Commissioner , & by the Privy Councell , & according to a petition of the assembly unto the Secret Councell , there is an act of Councell ordaining all in all time comeing to subscribe the Covenant , according to the Generall assemblies declaration , dated August ▪ 30 1639.

Now , according to the Pacification , it was expected that these acts should have had the civill Sanction of the parliament which was to sit down the next day after the assembly was dissolved viz: August : 31. But before any thing was done by the Parliament to this effect , it is commanded to dissolve Decemb. 18. under the paine of treason , & so the Parliament is prorogued unto the 2 of Jun. 1640. The Parliament , for peace , resolve to obey , but because they had never been adjourned 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 withall they send some of their number unto his Maj. with grievances , & appoint others to attend his Maj. answer at Edenburgh , & 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 endevoured to give his Maj. satisfaction in all points , according to their Instructions at severall times , from the 20 of Febr. unto the 23 of March . 1640. were detained , & afterward the Lord Loudoun is put into the Toure of London & other three are put under a restrant , contrary to the Law of Nations . A new warr is intended , The Castle of Edenburgh 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 Earle of Northumberland , & how the Deputy of Irland with the Nobles there in Parliament had offered a great summe of money , & what stir the prelats of England were making at Court , & what offers they were making to carry on this new warr , 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 warr 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 Sea-ports closed up with Frigots , the Kings army advanceth both by sea & land , the Castle of Edenburgh 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 shewing . 1 how they were necessitated thereunto , being not able to live without traffique , & justice , & to mantaine an army on the borders . 2. That the warr was onely Defensive , the King being stirred up by their adversaries to breake the Articles of Pacification , to imprison their Commissioners , to call Parliaments in England & Irland for subsidies for the warr , to take their ships , & imprison their sea-men , & to give Commission to the Governour of the Castle of Edenburgh to kill all he could : when they resolved onely to defend themselves , to seek a firme & sure peace , & then to lay down armes 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 , & Prelats , the seducers of the King . 5. That their end was not to wrong his Maj. nor to enrich themselves ; but Gods glory , the firm peace of both nations , the true honour of the King , & that the enemies of both Kingdomes 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 maine body of the Kings Army did lye , they supplicat his maj. at length to consider their greevances ; & particularly to ratifie the last Parliament , that the Scott in England and Irland might be set at liberty , and not forced to take unlawfull 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 warr . At length the King is moved to thoughts of peace , & chooseth eight English Earles & eight Lords to meet with such as Scotland should make choise 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 conveened 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 Councell beformentioned thereanent , & do insert the said Covenant with the assemblies explication in their Registers . And rescinde all Acts & Statutes made in favours of the prelats , 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 , & prejudiciall to the spirituall nature , jurisdiction , & Discipline & privileges of the Kirk , or of the Generall , provinciall , presbyteriall assemblies , or kirk Sessions , & after the enacting of many other profitable lawes , they adjourne 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 comeing the fullforce & strength of a true & persect security , & Act of Parliament , & the King for himself & his successours 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 Edenburgh the 2. of Inn. 1640. wherin certaine acts were made & aggreed upon , which acts hi●… Maj. ( for the peace & good of his kingdome ) is pleased to publish in his own name , with consent of the Estates , & therefore commands that the said acts bearing date the 11. of Iuny 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 lawes . 2. That the Castle of Edenburgh & other strengths of the kingdome should according to their first foundation , with the advice of the Estates of parliament , be furnished & used for the kingdome . 3. That all Scottish men within England & Irland shall be free from censure for subscribing the Covenant , & shall be no more pressed with oaths & subscriptions unwarranted by their lawes , & contrary to their Nationall oath & Covenant approved by his Maj. 4. That all his Maj. Courts of Justice shall be free & open to all men , & parliaments of the respective kingdoms may try and judge Incendiaries , and that he will employ none in his service without consent of parliament . 5. That their ships and goods and all dammage shall be restored . 6. That the summe of three hundreth thousand pound sterline should be given to them for their losses . 7. That all Declarations , proclamations , acts , books , libells , and pamphlets that have been made & published against the loyalty & dutiefulness of his Maj. subjects of Scotland should be recalled , suppressed , and forbidden in England and Irland , & that their loyalty shall be made known in all the parish Churches of his Maj. Dominions . 8. That the garrisons of Berwick & Carlile be removed . As also there is an act of pacification & oblivion aggreed upon out of which the Scottish prelats are excepted , as also Traquair , Sr Robert Spotiswood , Sr Iohn Hay , & Mr Walter Balcanquell who were cited & pursued as Incendiaries . In which act his Majesty declareth that the ensueing Parliament of Scotland shall have full & free power , as the nature of a free parliament of that kingdom doth import , to ratify & confirme the Treaty .

Thus at length were these officers which Christ had never appointed , cast out of Gods house , ( where they had formerly caused so much desolation , & layd the vineyaird of the Lord waste as a wilderness ) both by Church & State ; The King & all ranks of People consenting thereunto ; For which God , who is wonderfull in Counsell & excellent in working ought to be acknowledged , & for ever exalted : Seing he raised up such as were brought low , & brought down these who had set their nests on high , whose wayes had been alwayes grievous , & who said in their hearts , they should never be moved , God hath forgotten , he hideth his face , he will never see it , Now God arose , & lifted up his hand , & did not forget the humble , he did behold mischief & spite to require it , & did breake the arme of the wicked : The memory of which should be still fresh with , & refreshing unto all the people of God , & ground of hope , that he who did then make the names of these Prelats to ●…ot , & to stinke in the no●…rils both of Church & State , can & will againe pursue his controversy against these who now dare be so bold , as to attempt what they have attempted , after that the Lord hath put such notes of disgrace & infamy upon their predecessours .

While the Parliament of England is sitting there are severall complaints given in against the Earle of Strafford Deputy of Irland , & the Archbishop of Canterbury , & both being sound guilty of points of High Treason are condemned to die . Severall Courts of Judicatory are abridged in their power , the High Commission Court is taken away , and the Starchamber Court , & the co●…ive power of Prelats , & their Courts . The Prelats are ejected from the House of Peers , Bils are presented to his Maj. for the punishment of the scandalous Clergy , for the abolition of Episcopacy , & the calling of an Assembly . At length there is a civill war begun between the King & the Parliament , occasioned through his Maj. withdrawing from his Houses of Parliament North towards Hull . The warr is continued . In the mean time the Parliament calleth together an Assembly of Divines to consult about matters of Religion , & Church-governement , & so carry on the begun work of Reformation . And Anno 1643. They appoint Iohn Earle of Rutland , Sir William Armin Baronet , & Sir Henry Vane Iunior Knights , Thomas Hatcher , & Henry Darley Esquires , with Mr Stephen Marshall & Mr Philip Nye members of the Assembly of Divines their Commissioners , to repear unto the kingdom & States of Scotland , & to the Generall assembly there , & their Commissioners , to propone & consult with them in all occasions which may furder the so much desired work of Reformation in ecclesiastical matters , & a nearer conjunction betwixt both Churches . Accordingly , these Commissioners came , & presented their propositions , & a Declaration of the Lords and Commons in Parliament unto the Generall assembly Aug. 10. 1643. So is there a letter sent from some brethren of the ministry in the Church of England subscribed by very many hands , showing how low that poor Church was now brought , being ready to be swallowed up by Satan & his Instruments , that the Protestant Religion was in great hazard , & desiring very affectionately their aide & help . August . 15. those Commissioners presente some propositions to the Assembly , which they had a little before , August . 12. presented unto the honorable Convention of Estates , desiring that , because the Popish Prelaticall faction is still pursueing their designe of corrupting & altering the Religion , through the whole Iland , the two Nations might be strictly united for their mutuall defence against the Papists , & Prelaticall Faction , & their adherents in both Kingdoms , & not to lay down armes till those their implacable enemies be disarmed , & subjected to the authority & justice of Parliament in both Kingdoms respectively . And that the two Kingdoms might be brought into a near conjunction into one forme of Church governement , one Directory for worship , one Catechisme , &c. & the foundation laid of the utter extirpation of Popery & Prelacy out of both Kingdoms . The most effectuall & ready means whereunto , is now conceived to be . That both Nations enter into a strict Union & League according to the desire of both Houses of Parliament , & that for prosecuting the Ends of that Union against the Papists , Prelaticall faction , & Malignants now in armes in the kingdom of England , their brethren of Scotland would raise a considerable force of horse & foot for their aide & assistance .

For which Ends there are Committees appointed by the convention of Estates , & the Gen. assembly , to meet with the commissioners of the parliament of England by whom the forme of the League & Covenant is aggreed unto & resolved upon . Which draught Aug. 17. 1643. was approven by the Gen. assembly . [ With all their hearts & with the beginnings of the feelings of that joy , which they did finde in so great measure , upon the renovation of the Nationall Covenant of the Kirk & kingdom , as the most powerfull mean , by the blessing of God , for setling & preserving the true Protestant Religion with perfect peace in his Maj. Dominions , and propagating the same to other nations , and for establishing his Maj. throne to all ages & generations , & recommended unto the Right Honorable convention of Estates , that being examined & approved by them , it may be sent with all diligence to the Kingdome of England , that being received & approved there , the same may be with publick humiliation & all Religious & answerable solemnity sworne & subscribed by all true professors of the Reformed Religion , & all his Maj. good subjects in both Kingdoms . Thereafter on the same day it was approvedby the Convention of estates , & then sent unto the kingdome of England where after mature deliberation it was approved by the learned assembly of Divines & by Both Howses of Parliament , & by them in their solemne assemblies after sermon , solemnely sworne & subscribed , & by Ordinance of Parliament sworne & suhscribed in all the parishes of the Kingdome , & a copy thereof appointed to be affixed in every parish Church , & also a faire Copy thereof with all the names of the members of Parliament , who subscribed the same , is ordained to be affixed at the end of the great Hall of Westminster . When thus it was sworne & subscribed in England The Commissioners of the Gen. Assembly , Octob. 11. 1643. ordained the same to be , with publick Humiliation , & all Religious solemnities received , sworne & subscribed by all ministers & professours within the Kirk , & for this effect it is ordained [ That the League & Covenant be forthwith printed , & that the printed copies bound with some clean sheets of paper be sent unto the ministry , & that every minister upon the first Lords day after the same shall come to his hands , read & explaine it , & by Exhortation prepare the people to the swearing & subscribing thereof solemnely the Lords day next immediately following ] & ordaine [ that presbiteries proceed with the censures , of the church against all such as shall refuse or shift to swear & subscribe the same ; And the Commissioners thinke it very convenient for good example , & the better encouragement of others that it be solemnely sworne & subscribed by themselves now present before the Congregation in the East kirk upon friday next the 13 of this instant , after sermon & exhortation to be made by Mr Robert Douglas Moderator , & that the Commissioners of the Convention of estates now in towne , & the Commissioners from the Parliament of England , & Divines of that kingdome here present , be earnestly desired to joyne with them in this solemne & Religion action . ] Upon the 12 of Octob. the Commissioners of the convention of Estates did also ordaine the same to be sworne & subscribed , under the paine of being punished as enemies to Religion , his Maj. honour , & peace of the kingdoms , & to have , their goods & ●…ents confiscate , &c. & also ordaine all Sheriffs , Stuarts & others his Maj. magistrates in Brugh & land , & Committies in the severall shires to be assisting to ministers and presbiteries in procuriing reall obedience hereunto . Which deed of the Commission of the Church was ratified , & approved by the Gen. assembly , Jun. 28. 1645. So is the deed of the convention of estates , & their commissioners approved & ratified by act of Parl. July 15. 1644. where the League & Covenant is insert in the Registers .

Thus the kingdoms , of [ Scotland & England after other meanes , of Supplication , remonstrance , Protestation , and sufferings , to the end they might preserve themselves and their Religion from utter ruine and destruction , according to the commendable practises of these Kingdomes in former times , and the example of Gods people in other Nations , after mature deliberation resolved and determined to enter into a mutuall and solemne League and Covenant , wherein all did subscribe , and with hands lifted up to the most High God did swear , as they should answer at that great day to God the searcher of all hearts . That sincerly , really , and constantly they should endevour in their severall places and callings . 1. To preserve the Reformed Religion in the Church of Scotland , in Doctrine , worship , Discipline , and Governement , and to Reforme England and Ireland , according to the word of God , and the example of the best Reformed Churches , and to bring the three kingdoms to the nearest conjunction and uniformity in Religion , Confession of Faith , forme of Church governement , Directory for worship , and Catechising . 2. To endevour the extirpation of popery , Prelacy , Superstition , Heresy , Schisme , Prophaness , and whatsoever shall be found contrary to sound doctrine and the power of godliness . 3. To preserve the Rights and privileges of the Parliaments , liberties of the Kingdomes and the Kings Maj. person and authority , in the preservation and defence of the true Religion , and liberties of the Kingdomes , 4. To discover all such as have been or shall be incendiaries , Malignants , or evill Instruments , hindering the Resermation of Religion , dividing the king from his people , and the kingdomes one from another , or making any f●…on or parties among the people , contrary to this League and Covenant , that they may be brought to triall and condigne punishment . 5. To endevour that these kingdomes may remaine conjoyned in a firme place & union to all posterity . 6. To assist such as enter into this Covenant , and not to suffer themselves any maner of way to be divided , or to make defection , or to give themselves to a detestable indifferency , and neutrality in this cause , but shall continue ●…in , against all opposition , and promote the same according to their power against all sets and impedimentes whatsoever .

When these hands did thus enter in Covenant with the great God of heaven & earth , many of soul was converted ( which was as the finite of this noble Marriage ) when they saw the wonderfull works of the Lords right hand , whereby he openly & ●…nyably owned that Covenant , & such as entred into 〈◊〉 . Then did these Churches flourish , & begin to have a beautifull countenance , & to be admired abroad by strangers , who stood astonished at the report of what they did hear dayly of the Lords owneing & fighting for that Covenant , & seconding the Covenanters in carrying on the Ends of the same . But at length , after the Lord had by many signes & wonders testified his displeasure against , & broken the whole strength & force of the Popish , Prelaticall & Malignant faction , & wrought deliverances in all the three kingdoms , for the people that engadged in Covenant with him ; It seemed good in his eyes , who doth all things according to the counsell of his own will , to suffer another enemy to arise , to trouble his Church , & to try his people , viz. the Sectarian party , who grew to such an hieght in the English Army , that they over-ruled the Parliament of England , putting away the House of Peers , they modelled the House of Commons as they thought good , & erected a New Court , which they called an High Court of Iustice , before which they did Impannel the King , & at length did violently take away his life Januar. 30. 1649. against which deed the Commissioners both from the Church & State of Scotland did protest , & were therefore hardly used at London .

When the report of this cometh to the eares of the Parliament of Scotland which was then sitting . They upon the 5. of Febr. 1649. considering that for as much as the kings Maj. who lately reigned was contrary to the dissent & protestation of this kingdome , now removed by a violent death ; and that by the Lords blessing there was left a righteous heire & lawfull successour , Charles Prince of Scotland & VVales & now king of Great britane france and Irland , did unanimously and chearfully in recognisance , and acknowledgement of his just right , title , and succession to the Crown , proclaime and declare to all the world that he was king of great britan , &c. their Soveraigne Lord and king at the mercat Crosse of Edenburgh with all usuall Solemnities in like cases ordaining the same to be done in like manner in all the brughs Royall . Immediatly there are Commissioners sent over to his Maj. while at the Hague in Holland , & when these returned without satisfaction , there are againe the next year 1650 , Commissioners sent to him ; while at Breda . At length he promised to publish & testify by solemne oath his approbation of the Nationall Covenant of Scotland , & of the solemne league & Covenant . And accordingly before he came a shoar in Scotland , being in Shipboard at the mouth of Spey . on the Lords day the 23. of Jun , 1650 , in presence of the Commissioners of the kingdome & Church of Scotland , & severall others both Scots & English , after Sermon , the Nationall Covenant , & the solemne 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 Generall assembly of the Church of Scotland , in their Instructions to their Commissioners , & subjoyned to Both the Covenants .

I Charles king of Great Britaine , France & Irland do assure & declare by my solemne oath in the presence of the Almighty God ; the searcher of hearts , my allowance & approbation of the Nationall Covenant , & of the solemne league & Covenant above writen , & faithfully oblidge my self to prosecute the Ends thereof in my station & calling , & that I for my self & successours shall consent & aggree to all acts of Parliament enjoyning the Nationall Covenant & solemne league & Covenant , & fully establishing presbiteriall governement , the Directory of Worship , confession of faith , & Catechismes in the kingdome of Scotland , as they are approven by the Generall assembly of this kirke , & Parliamet of this Kingdome . And that I shall give my royall assent to the acts of Parliament enjoyning the same in the rest of my Dominons . And that I shall observe these in my own practise & family , & shall never make opposition to any of these , on endevour any change thereof .

And immediatly 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 sworne & subscribed these Covenants & entred into the oath of God with his people , upon any sinister intention , & crooked designe for attaining his own ends , but so far as humane weakness will permit , in the truth & sincerity of his heart , & that he is firmely resolved in the Lords strength to adhere there to , & to prosecute the ends thereof , &c. In order to which he doth in the first place professe & declare that he will have no friends , but the friends of the Covenant : And therefore as he doeth now detest & abhorre all popery , Superstition & Idolatry , together with prelacy , & all errours , heresy & schisme , & profaneness , & resolveth not to tolerate , much lesse 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 Solemne League & Covenant , & worke 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 Kings Throne , that it will prove an Idole of jealousy , to provoke unto wrath him who is King of Kings , & Lord of Lords — The king shall alwayes esteem them best servants , & most loyall 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 Caesars : & resolveth not to love or countenance any , who have so litle conscience & piety , as to follow his Interests with a prejudice to the Gospell , & kingdom of Jesus Christ ; which he looks not upon as a duety , but as flattery , & as driving self designes under a pretence of mantaining royall authority & greatness — he resolveth to live & die with his loyall subjects in prosecution of the ends of the Covenant — He doth esteeme the service of those who first engadged in the Covenant , & have since that time faithfully followed the ends thereof , to be duety to God , & loyalty to him .

So Jan. 1. 1651. on the day of his coronation , the Nationall covenant & the Solemne league & covenant being read unto him he swore them in this following oath , which he took in behalf of himself & his successours , kneeling & holding up his right hand ( which oath with both covenants he afterward did subscribe ) I Charles , King of Great Britane , France , & Irland , do assure & declare by my solemne oath in the presence of Almighty God , the searcher of hearts , my allowance & approbation of the Nationall Covenant , & of the Solemne League & Covenant above writ●…h ; And faithfully obleidge my self to prosecute the ends thereof in my station & calling ; And that I for my self & Successours shall consent & aggree to all Acts of Parliament enjoyning the Nationall Covenant , & the Solemne League & Covenant , & fully establishing Presbyteriall Governement , the Directory of worship , Consession of Faith , & Catechismes , in the kingdome of Scotland , as they are approven by the Generall Assemblies of this kirk , & Parliament of this kingdom : And that I shall give my royall assent to Acts and Ordinances of Parliament passed or to be passed enjoyning the same in my other Dominions . And that I shall observe these in mine own practise and family , and shall never make opposition to any of those , or endevour any change thereof .

Thus had the Church of Scotland all the security imaginable from a Prince , that Prelats should never have footing againe within that kingdome , & that the begun worke 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 Iuly 1650 approach their borders with an Army , thereafter overcome them in battell , shedeth much of their bloud , leadeth many both commanders & souldeours 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 stroake of sword , and setled him upon his throne , which occasioned great acclamations of joy through the whole land , seing that now the yoke of the oppressour was brocken , and the Lord had restored to them in a wonderfull & unexpected maner their law full judges and governours . Now were people filled with hops of good and desirable dayes both for Church and State . But alace how suddainly 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 straitly about their necks then ever , their bondage and oppression in conscience groweth , they see with their eyes the glorious worke of Reformation which had been wonderfully carried on by the mighty power of the most High , & cemented with the bloud 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 worke thereof brocken down with axes & hammers at once , and all things growing dayly worse & worse . Some particulars where of ( though the calling to minde , & 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 Committy of Estates the 23 Day of Agust 1660. discovered .

AFter God had broken the yoke of the oppressours , & had restored their own governous , it might have been expected , that justice should have flowed down as a river ; and when the committe of Estates which had been nominated Anno 1651. Were commanded by his Maj. to sit & order the affaires of the Kingdome untill the ensueing Parliament should meet , every one might have been in expectation of some good following their governement . But alas their little finger becometh heavier then the loyns of the former oppressours : A litle taste of which there is given on the very first day of their sitting downe ; for upon the 23. Day of August . 1660. While there were some faithfull & 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 lesse offence ) for the drawing up of a supplication unto his Maj. wherein after their congratulating his Maj. returne , they in all humility , presse & exhort him , in the fear of the Lord , to minde his oaths unto , & covenants with God : a very necessary & seasonable work . The committee of Estates sent thither some of their number to apprehend those persones , & to take them to the castle of Edenburgh , where they abode for the space of some weeks , & were afterward ( except Mr Guthry ) confined to their chambers in the towne , for some considerable time . This was a terrible alarme unto the hearts of the godly , presaging sad & doolfull dayes to follow , when at the very first , there is so much cruelty , exerced against these faithfull & zealous servants of Christ , who were evidenceing their love & respect unto their Prince , in mindeing him of his vowes 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 lawes of the land , or that they were about a sinfull 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 ther 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 privat chamber for such an end , when as many & moe prophane persones , will be suffered to meet dayly , to drink & debauch ; and what could these worthies have suspected now , seing the like liberty was enjoyed while the land was under the feet of oppressours ? might not they in reason have expected as good quarters , at the hands of their own governoursas they gote from stangers & enemies ; But it is like the work they were about gave offence , it is true , they were pleased to brande 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 gratious & dreed soveraigne .

We your Maj. most humble subjects , considering the duty which , as Christians , we owe to our Lord Iesus Christ , who is king of kings & Lord of Lords , and which as subjects , we owe unto your Maj. as our native & lawfull king under him : We do hold ourselves bound to tender unto your Maj. this most humble addresse & supplication . How hatefull the actings of the late usurped powers , in offering violence to the Parl. of Engl , in their unchristian & barbarous murthering of your royall father , in their insolent changeing of the ancient civill goverment of the kingdome of Engl. and by armed violence unjustly secluding your Maj. there from , In their most unjust invadeing of the kingdome of Scotland & inthralling of the same in subjection to themselves : and beyond all , their impious incroaching on the kingdome of ( Iesus Christ ) & the liberties thereof : and in promoteing & establishing a vast tolleration in things religious , throughout those nations , unto the perverting of the precious truthes of the Gospell & defaceing of the ordinances of ( Iesus Christ ) & opening a wide door to all sorts of evill , heresy , schisme , imprety & prophanenesse . How abhominable these things were to us the Lord who searcheth the heart , & tryeth the re●…es doth know , against which we gave many publike testimonies before the world , to witnesse our abhorrence thereof . And the same Lord knoweth that as we did earnestly pray for , & breath after his appearing , to witnesse against those , so ( saveing that Christian pity and compassion we owe to the persones of men , though our very enemies ) we rejoyce 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 necke of these Kingdomes . We hold our selves also bound thankfully to acknowledge , the Lord's signall preserving of your Maj. person in the middest of many fold dangers & designes 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 civill goverment were overthrown , againe to make way for repaireing of the ruines , building up the breaches thereof : & for establishing the same on right & sure foundations , in your Maj. person & family ; and to do those things when they were so litle expected , in so quyet & peaceable a way , and without the effusion of Christian blood , & imbroyling the Kingdomes , in the misery & calamities , of a new war . And as we adore the wonderfull & wise hand of God , & blesse his name , who hath done these things , so it is not only our practice for the present : but our sincere resolution , for the time to come , to pou●… forth the fervent desires & supplicatio●… of our soull unto the most high by whom kings reigne , for the preservation , & saiftie of your Maj. person , & for the multiplication of his spirit & increase of it upon you : that you may imploy your power to his praise , & the comfort of his people ; & for the Establishing of your just power & greatnesse ; & in subordination to him to be faithfull & loyall , rendering all the dutyes of honour & subjection & obedience to your Maj. that are due from humble & loving subjects , unto their native & lawfull prince & soveraigne . And we desire to be perswaded , & with confidence to promise to ourselves , that your Maj. will accept of those our professions , as proceeding from loyall & honest hearts , & allow us the protection & countenance & incouragement in our station & callings , that may be expected from a gracious king : And considering the great happinesse that ariseth both to kirk and state , & all the members thereof , by the mutuall good understanding , betuixt the supreme Magistrat , & the faithfull of the land ; when it pleaseth divine providence so to dispose ; & the many calamities & miseries that in the holy justice , & just indignation of God , do attend the separating or violating of these only sure foundations of states and 〈◊〉 kingdomes . We are bold in the integrity of our hearts , & in the zeal of the glory of the Lord , & of the good of his church , & of your Maj. honour & happinesse : & from the sense of manifold & great obligations that be upon us , before the Lord , so to do ; & particularly that of the Covenant . That what lets , we are not able of our selves , to suppresse and overcome , we shall reveal and make known , that they may be prevented & remedied . Humbly to presente unto your Maj. and make known the great danger , that threateneth religion , and the work of reformation , in the churches of God , in these kingdomes , from the desires and endeavour ; of the remanent of the popish prelaticall and malignant party therein , which is begining to lift up the head , & not only to render hatefull , but to bear downe many of your Maj. good subjects , who have been imployed as instruments in the work , & have keeped within the bounds of their duty , in promoveing & preserving the same , so far as humane frailty would permit ; but also to overthrow that blessed work it self and to reintroduce prelacy & the ceremonies , & the service book , and all these corruptions which were formerly cast out , as inconsistent with that pure and spotelesse rule of church governement , discipline and divine worshipe delivered to us in the word of God , as a yoke of bondage that neither we nor our fathers were able to bear : and though we know that that Spirit will not want its specious pretences , & plausible insinuations for compassing these ends , yet , as there cannot readily be greater disservice to the church of God , to these Kingdoms , & to your Maj. honour & happinesse , then actings of that nature , so we cannot without horrour of Spirit & astonishment of heart , think upon what dreadfull guiltinesse King , Princes , Ministers & People , shall be involved into , & what fearfull wrath shall attend them from the face of an angry & jealous God , if after all the light that he hath made to shine in these kingdomes from his blessed word , for discovery of the error & Impiety of these things , & after his hand hath been lifted up so high , for casting out of the same ; & after solemne vowes & engadgments taken upon themselves before God , angels & men , against them ; if they should againe lick up the vomit thereof . God forbid that we should either hear or see such heart astonishing bitter things which would turne the mirth of the Lords people into mourning ; & their songs into most sad lamentations . Neither are we lesse apprehensive of the endeavours of the spirit of errour that possesseth Sectaries in these Nations . which as it did at first promove a vast tolleration in things religious ; and afterwards did proceed to the frameing of mischief into a law , so we doubt not , but it will still be active unto the promoving & procuring of the same , under the specious pretext of liberty to tender consciences ; the effects whereof have in a few years past been so dreadfull , that we cannot think of the continuing thereof but with much trembling & fear . Therefore knowing that to Kings , Princes , Rulers , & Magistrats , appertaineth the purgation & preservation of religion , & that nothing can contribute more unto the preserving and promoveing of religion , & the work of reformation , then that all places of power & trust , be filled with men of a blamelesse & christian conversation , approven integrity , & known affection to the cause of God , We , your Maj. most humble supplicants & subjects , with bowed knees , & bended affections , humbly supplicat your Maj. that you would imploy your royall power unto the preservation of the reformed religion , in the church of Scotland in doctrine worship , discipline & governement , & for the reformation of Religion in the Kingdome of England & Irland , in doctrine worshipe , discipline & goverment ; and to the carrying on of the work of uniformity of religion , in the church of God , in the three Kingdomes , in one confession of faith , forme of church goverment , directory of worshipe & catechis●…ing : and to the extirpation of popery prelacy , superstition , heresy , schisme , prophanesse , & whatsoever is contrary to sound doctrine , & the power of Godlinesse : And that all places of trust , under your Majest , may be filled with such as have taken , the Covenant , & are of approven integrity , & known affection to the cause of God . If in a matter that so much concerneth the honour of God , the good of his Church , & your Maj. honour & happinesse , we be jealous with a godly jealousy , we know your Maj. wisdom & lenity to be such , as will easily pardon : And the sense of our duty to God , & to your Maj. & the fear of those kingdoms transgressions , by building up againe , the things that were destroyed , constraineth us to be petitioners against the same , & earnestly to intreat that any beginnings of stumbling which already have been given in those things , especially in the matter of Prelacy & ceremonies , & the Servicebook , in your Majesty chappell and family , and other places of your Dominions may be removed and taken away ; And that there may be no furder proceeding in these things , which grieve the Spirit of God , and give offence to your Maj. good subjects , who are engadged with you in the same Covenant and work of reformation . And that your Maj. for establishing the hearts and strengthening the hands of these who are faithfull in the work of the Lord , & for quashing the hopes & endeavours of adversaries , would be pleased to give publick signification , of your approbation of the Covenant ; And of your purpose to adhere unto the same , & to carry on the work of God in these Kingdoms according thereunto ; & that your Maj. eyes may be upon the faithfull of the land that they may dwell with you . We hope your Maj. will not take offence , 〈◊〉 we be the Lord's remembrancers to you ; That you were pleased a little before your coming to this kingdom , & afterwards at the time of your coronation , to assure & declare , by your solemne Oath , under your hand & seal , in the presence o●… Almighty God The searcher of hearts , your allowance & approbation of the Nationall Covenant , & the Solemne League & Covenant , faithfully obligeing your self to prosecute the ends thereof , in your station , & calling ; & that your Maj. for your self & Successours should consent & agree to all acts of Parl. enjoyning the nationall Cov : & Solemne League & Cov. fully establishing Presbyteriall Gov: directory for Worship , confession of faith & Cathecismes in the Kingdom of Scotland , as they are approven by the Gen. Assemblies of this kirk . And Parliaments of this Kingdom ; And that your Maj. should give your Royall assent to acts & ordinances of Parl. past or to be past enjoyning the same in your Maj. Dominions ; & that yow should observe these in your practice & family & should never make opposition to any of those ; Nor endeavour any change thereof . And we desire to be persuaded that no length of time hath made your Maj. forget . Or weakened in your Maj. heart the sense of the obligation of the great & solemne Oath of God in the Covenants ; Yea that the afflictions where with God hath exercised your Maj. these years past , the great & wonderfull deliverance , that of late he hath granted unto you , hath fixed deeper Impressions upon your heart & spirit ; & that among all the kings of the earth , Reformation of Religion shall have no greater friend then your Maj: Yea that as yee are more excellent then the kings of the Earth , in regaird of the purity of profession & solemne engadgments unto God , And long exercisednesse with manifold afflictions ; & in the Lord 's setting you over these Kingdomes which are not only thorow grace , the first fruites of the gentiles , But also are , among all we know in the World , the most eminent for the power & purity of the Gospel : So shall your Maj. in your Princely Station & dignity , excell them in the zeal of God & for the Kingdom of Iesus Christ : And that by how much more your Maj. by the constitution , & good hand of the Almighty , is lifted up above the sphere of your subjects ; by so much more shall your motion be more vigorous & active , unto the carrying about by the influence of your royall Head , & by your example , all the Orbs of inferiour powers & persones , in these kingdomes , in subordination to God & your Maj. in the practice of godlinesse & vertue . It is the desire of our soul that your Maj. may be like unto David a man according to Gods own heart : Like unto Solomon , of an understanding heart , to judge the Lord's people , & to discerne betwixt good & bad : Like unto Iehosaphat , whose heart was lifted up in the wayes of the Lord : Like unto Hezekiah , eminent for godlinesse and integrity : Like unto Iosiah , who was of a tender heart & did humble himself before God , when he heard his word against Ierusalem , & the inhabitants of Iudah , and not only made a Covenant before the Lord , to walk after the Lord , and keep his commandements , with all his heart , and with all his soul to performe the Covenant , but also caused all that were in Ierusalem & Benjamin to stand to it ; & took away the abomination out of all the countreyes that pertained to all the children of Israël ; and made all that were present in Israël to serve , even to serve the Lord their God . So shall your Maj. inherite the honour & blessing of these kings upon the earth and their happinesse in heaven ; So shall your Maj. person be preserved , & your government established over these kingdomes . Which is the unfeigned desire , and fervent supplication of your Maj. most humble & loyall subjects .

Now the Reader having considered this humble addresse and supplication may judge if there was any thing therin either treasonable or seditious reflecting on his Maj. & on the government of the kingdom of England , or the constitution of the present Committy of Estates , or any thing tending to the raiseing of new tumults and re-kindleing a civill warre among his Maj. good subjects as their enemies were pleased to give it out , o●… which did deserve imprisonement ; yea whether it was not their duty & the duty of all the Ministers of Scotland , to be thus faithfull in giving timeous warning and faithfull exhortation unto their Prince , that they might have prevented , as much as lay in them , the sad defection , which was then feared , & indeed followed thereafter . Nether let any say , that such things might well be gathered from their other letters ; for they had nothing beside that letter , save some scrols of a letter and some instructions to one of their number , for no other purpose , then for the communicating of the supplication unto the Ministers of their judgment in severall Presbyteries within the Synod of Glasgow , & for desiring their approbation thereof & concurrence therein . This is one sad dispensation . But it is only the beginning of sorrow , & of much woe following .

SECTION IIII.

The suffering of the Noble Marquise of Argile who was executed the 27 Day of May 1661. examined by law .

WHile the Parliament is in hand with reverend Mr 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 Marguese of Argile among their hands ; who , though he had a maine hand in bringing home the king & closeing the second treaty at Breda yet , while he is going up to London after the kings late returne from exile , to congratulat his Maj. returne , is made prisoner in the Tour of London & thereafter is sent down to Scotland , & indited of heigh treason , before the Parl. & at length is beheaded & his head is stuck up upon the tolbooth of Edenburgh . Questionlesse strangers will think it behoved to be some great matter , for which the life of such an eminent & famous nobleman , who had been so renowned at home & abroad , for his faithfulnesse and constancy in carrying on the work & cause of God , was taken ) But the very truth is , what ever 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 litle for it , as many other , of the Nobles , his life would not have been taken now , more then the life of others , it is true other things were sought to colour this bussinesse , and failing one , another , & failing that , a third , but in end ther is a comprehensive generall set downe as the ground of the sentence , to this purpose . That he had been an enemy to the king & his interest these 23 yeers 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 generalls cannot well be proved they condescended on severall particular actings of his in carrying on , in his place & station , the work of reformation , & when all these failed , they fix upon his complyance with the Englishes ( after they had subdued the land in battell , 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 complyance 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 speciall cause pretended for which he was condemned to lose his head as a traitour , & to have his head put up on t●…e top of the tolbooth as an eminent traitour . A sentence which question lesse , at first veiu , may make all men of understanding astonished , & to wonder , how ever it could have entered into the minde of the parliament of Scotland , to sentence unto death , such a peer of the land , such an usefull member of the Kingdome , & an ornament ; upon such a ground and for such a cause . But if these foure particulars be considered the matter will yet appear more wonderfull .

1. The matter of complyance with the Englishes at that time , was so farr from being accounted treasonable that severall of the lawyers ( among whom was one Sr Iohn Fletcher who was now advanced to be his Maj. advocat , & did accuse this worthy Nobleman of treason ) did swear & subscribe an oath to be faithfull unto the governement , as it was then established without King & house of Lords . Now if there had been treason really in this deed , either by the civill law , or by the municipall lawes of the land , would not the lawyers have perceived it whose dayly work & study the lawes are ?

2. If this had been the deed of this nobleman alone , the mater had been lesse 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 & condemne the accused : reason would require that the table should be purged . Is it not strange for a Parliament to condemne 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 traitours in the heighest degree , could fitt , & judge others ? It is true it will be replyed . That his Maj. might pardon whom he pleased , But then it will aboundantly appear that not this , But something else was the cause of this worthy nobleman's death . Whatever may be said in poynt of law , yet it will be a disput in poynt 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 stresse , why would they have spent so much of their time in searching for other grounds to goe 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 condemne such a noble man for such a particular which they would never once hav●… named , if they could have done their intended work , otherwayes .

4. Is it not strange that of all the complyers of Scotland there was not one , except this nobleman , impannelled 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 Generall 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 ruine 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 alwayes , in other Parliaments ) and yet this nobleman must be sentenced to death , for complying for the good of the countrey .

But to speak unto the bussinesse in poynr of law let these foure or five Particular quaere's 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 municipall law , can any member of the Kingdome be challenged , upon the account of treason , for treating with a conquerour for life & liberty , & for sitting in his councells , for the good of the countrey , after that he with the rest of the body of the land , had foughten in the defence of King , & countrey till no more could be done , after the whole land had been overcome at severall battels , and wholly overrun ; & had acted nothing , for the advantage of the enemy & disadvantage of the king & countrey before the victory obtained ; but in all poynts had carryed as became a loyall subject contributing all the help by armes & counsell , which was required : what act of parliament declareth such a deed as this treasonable , & such a subject to deserve death as a traitour ?

2. Was there ever such a Practique in Scotland since ever there was a king in it ? Severall times was the kingdome of Scotland overrun by the kingdome of England particularly in the dayes of Baliol , & 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 seing ther can no instance be produced out of the History of Scotland since ever it was a Kingdome , that any subject , noble Man , or other , was accused of high treason , for such a cause , surely this noble Mans case was unparalleled .

3. Is not this strange considering what the principle of Royallists is ? They say that [ Conquest giveth a just tittle to a crown ] So sayeth D. Ferne , A●…nisaeus , & Maxwell in his Sacro Sancta Regum Majestas , Cap. 17. And by this principle Cromwell was the lawfull supreme Governour of the Kingdome of Scotland , and had just tittle & right to the Crowne thereof , having now conquered the same ; & if this principle of theirs be true ( which is much questioned by their opposites ) no complyance with him , could by any law in the World , be treason against any Prince whatsomever , for obedience unto , & concurrence with , a lawful supreme Magistrat can be treason against no man living : How then could this noble Man be challenged upon the account of treason for complyance ? Let all the Royalists answer this , without contradicting themselves , if they can .

4. Is there any lawyer who can produce such a definition of treason against a Prince , or a supreme Magistrat , out of the civil law , as will condemne the deed of this worthy noble Man , & make complyance with a conquerour for the good & saifty of the countrey after all meanes of defence are broken & lost , an act of treason ? And since the civil law can condemne no such deed as treasonable , the sentence given out against his noble Man , must be without all warrand of law .

5. Are there not many countreyes , Kingdomes & cities that have been overrun by their enemies , & have had their own lawfull Governours put from them ; & so have been forced , to live under the feet of strangers ; & hath it not been usuall for them to comply with such as had the present power in their hand for their own saifty , & the good of the place ? And was it ever yet heard that such were accused & condemned of ●…reason against their own lawful Governours , thrust from them sore against their wills , for any such complyance ? And is it not wonderful that this eminent noble Man should become a preparative unto all the World ?

So then , to put a close to this , let an appeal be made to all Governours of Commonwealths , Statesmen , Lawyers , Casuists , Politicians , Canonists & Quodlib●…tists , yea & Royalists , if they will speak consonantly to their own principles & their answer & interloquutour be had in point of law unto this question . Whether or not , when a land is overcome in battel , once , againe , a thrid time , & a fourth time , so a●… they are forced to lie under the feet of the conquerour , and expect his mercy , their own supreme Magistrat is forced to flee away , for his life , without all hope of returning ; & so they left without all goverment but what they have from the conquerour ; & when it might have been expected that he would have ruled them , & disposed of them [ jure conquestus , as conquered ] according to his own pleasure , yet he did admit such as they thought sit to choise , to sit in his supreme Councel for giving their advice for regulating the affaires of that Kingdom , & common wealth , which is now conquered & subdued ; Can it be treason in any , when chosen by the countrey , to sit in these Councells , & advise what they think best for the good of the countrey ? Or can they , or any of them , be challenged , or accused , & condemned , as guilty of heigh treason , when providence bringeth back the prince after ten yeers absence , for acting so under the conquerour , for the good of the land , to prevent its utter ruine , & destruction ? And if the answer shall ( as certainly it will ) be negative , then it is beyond all question that the sentence & execution of this worthy noble Man , upon this sole account , shall be matter of astonishment to all that hear of it & know the cause thereof .

Thus a great prince falleth , & within five dayes therafter , a great prophet falleth as shall be shown in the next section .

SECTION V.

The groundes of the suffering of Mr Iames Guthry Minister at Sterlin , who was executed the first Day of Iune 1661. examined .

AFter the parliament is assembled . Mr Iames Guthry , minister at Sterlin , who was one of those ministers who were incarcerated for the cause above mentioned , Sect. 3. & who after some weeks imprisonement in the castle of Edenburgh was carryed thence & imprisoned in Dundee from thence is sent for , by the parliament & impannalled before them being accused of high treason . He was a man who had been honoured of God to be zealous , & singularly faithfull , in carrying on the work of reformation , & had carryed himself streightly under all changes & revolutions : & because he had been such an eminent one he must live no longer ; for he is condemned to die , & most basely handled as if he had been a notorious thief 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 shamefull defection of these who dealt thus with him , & calling to all who goe out & in at the gate of the city to remember their covenant with God for which he died a martyr . But it is like many will think it behoved to be some great crime for which this eminent servant of the Lord , was thus handled , but what if it be no such crime ? yea what if it was a duty , for which he was thus put to suffer ? Reader , thou shall hear ir , & then thou mayest judge . Some ten years before , he was challenged by the King & his councell for a doctrinall thesis which he had maintained & spoken to , in sermon , & because he found them , incompetent judges in matters purely ecclesiasticall , such as is the examination , and censureing of doctrinall poynts primo instanti he did decline them upon that account : This is his crime , & for this he is condemned as guilty of high treason , & this will be the more wonderfull , if thou consider , how as thou hast heard , many worthy & precious servants of christ , did decline the King , & his councell in the dayes of King Iames , such as Mr Baleanqual , Mr Melvin , Mr Blake , Mr Welch , Mr Forbes & others as incompetent judges in causes meerly ecclesiasticke ; and yet ther was never one of them put to death . It is true there was an act of Parliament , Anno 1584. dischargeing such declinatures under the paine of treason : but the very next year , An●…o 1585. King Iames himself did emit a declaration shewing that he for his pairt should never , & that his posterity ought never , to cite summond , or apprehend any paster for matters of doctrine . in religion , salvation , heresies , or true interpretation of scripture , but avoucheth it to be a mater meerly ecclesiasticall , & altogether impertinent to his calling : Which though not equivalent to an Act of parliament ; yet whether it may not be a supersede as to an Act , & a ground of exemption to the subject , from the rigour thereof till the law be revived by a posteriour act , which was never yet done , lawyers may judge . But which is more there is an Act of Parl. Anno 1592. declareing that that former Act shall no wayes be prejudiciall , nor derogat any thing to the privilege , that God hath given to the spirituall office bearers of the church , concerning heads of religion , matters of heresy , excommunication , collation or deprivation of ministers , or any such like essentiall censures , specially grounded & have and warrand of the word of God . And which is more considerable . The parliament 1648. did disclaime any such power of judging in church matters , & took it for an unjust challenge & charge , to say , that they took an antecedent judgment in maters of religion , for in their letter to the presbyteries of Scotland being their Act 16. May 11. 1648. they have these words [ Neither can it be with any truth or justice in any sort alleidged that we have in the least measure wronged or violated , the true privileges or liberties of the church , or any way taken upon us , the determination or decision , of any matters of faith , or church discipline though we be unjustly charged with taking an antecedent judgment in matters of religion . ] By which every one may see that the parliament did looke upon themselves as an incompetent judge in matters of faith or religion Primo instanti , or antecedently unto the decision & determination of the church . And now let lawyers judge , whether , when the parliament the supreme judicature of that land doth declare themselves , incompetent judges , in matters of religion ; The Privy Councell ( which is a judicature inferiour to the parliament by the fundamentall lawes of that land , having its originall power & antiquity from the Kings Maj. & the estates of parliament , & so is subordinat there to , & ought to be countable to , & censureable by them , according to the 12 Act of Parl. 2. King Iames 4. See for this Act 27. Parl 2. of King Charl I. 1640. ) may become judges thereof & whether , seing by confession of Parliament they can be no lesse incompetent judges , then the parliament it self , it can be truely treasonable to decline them . Though it were granted that that Act of Parliament 1584. were no way weakened by the other Act 1592. which yet is expressely explicatory thereof ; yet it could no wayes be treasonable in him to decline the councell as an incompetent judge to him , in that case ; because the Act 1584. is to be understod in such cases only in which they are propper judges But it will be replyed that the Act maketh them judges competent to all persones spirituall or temp●…rall , in all matters , wherin they or any of them shall be apprehended summoned or charged . Answ. True , the act speaks so , in the generall , & yet it is well known , that notwithstanding thereof , any of his majesties subjects might decline them when cited for causes , the cognition whereof did popperly belong to another distinct judicature such as the court of exchequer or the Lords of the Session : so that this all is to be restricted to such causes as do belong to them . And under it , causes purely ecclesiastike cannot be understood because of that which the Parliament , Anno 1648. said ; Parliaments know best what causes belong to their cognition ; & what doth not belong to a Parliament , will never belong to the Privy Councell . If it be replyed againe that the meaning of the Parliament 1584. was to give the councell power in church matters , because this act was devised of purpose to hinder ministers to protest against the King & his counsell , as they had done before Ans. that is true . But that will say nothing now when the Parliament 1648. hath declined to be judges in such matters ; and Parliaments can best expound their own lawes and acts , & can best explaine the extent of their own power , and consequently can best declare what causes these are , of which , the Privie Councell , is competent judge , & what not ; & when they declare that themselves are not competent judges in matters of doctrine & religion , they do more then sufficiently declare that the Privie Councell is not a competent judge in those matters . But for all this , this worthy man must die , & he dieth a martyr for the truth , against the Erastian abomination .

SECTION VI.

The sufferings of some other Ministers related .

AMong other acts of the Committy of Estates there was a proclamation , which they caused be read , at all the church doores of the Kingdome upon the Lord's day ; in which they discharged ministers to speak or preach any thing against them , or their proceedings : & this was to command them to handle the word of the Lord deceitfully , to become false prophets , & to preach smooth things and to prophecy deceits : wherby the malicious & ill affected people who did not love their ministers were encouraged to give in delations of such & such things as they thought good to allaidge against them as uttered in their sermones & bring in any prophane persones they pleased for witnesses . By which meanes , some ( though many were in no hazard thinking it commendable prudence to be silent at such a time ) were brought to trouble both by the Committe of Estates & by the Parliament , being imprisoned or confined and other wayes hardly used though litle of what was allaidged , could be proved against them . More over ther was one minister , who after the Parliament had annulled the covenant , & passed many other acts against the work of reformation , thought himself bound in conscience to give faithfull & free warning , & to shew the greatnesse of the sin of backslideing & defection from the cause and truth of God ; & to protest publikely in a Ministeriall way for his own exoneration , after the example of Samuel at the comandement of God , against the course of defection carryed on , & all acts made , in prejudice of the covenanted worke of reformation : for which cause he was summoned before the Parliament and at length condemned of treason & sedition onely upon that acount , & therafter was banished out of all his Maj. dominions . And if any say that ministers should have been silent & not meddled with state affairs let the answers which famous doct. Voet : giveth in his Politia Eccles. pag. 982. 983. &c. be considered , which are these . 1. It is the duty of Ministers to give faithfull warning unto people , Ezek. 3 : 17 , 22. 2. This was not to meddle with the politie , but with the abuse of it by men in power . 3. Rulers no lesse then others must be touched when they provoke God to wrath by their carriage , 1 Thes. 5 : 11. Iam. 5 : 20. 1 Sam. 15 : 14. Isa. 58. 1. 4. Then they should never speake to a hundered places of scripture , which do speake so directly against Magistrats abuseing their power . See what he sayeth furder to this purpose there : in answering therest of the objections , & how he cleareth it from Act. 7 : 51. Hos. 2 : 1. Dan. 3. & 6. Act. 4. & 5. & 6. Hos. 4. 15. Iud. v. 23.

About this same time there is another minister banished indictâ causà for while he was going towards Irland upon some particular occasion he was brought back By the command of the committee of Estates & committed to prisone untill the meeting of Parliament , & then receiveth summones of treason , to which when he had desired some time to answere , he is sent back to prisone , & when he expecteth to be called upon to give in his defences , he was sentenced with banishment out of his Maj. dominions .

And which is more to be wondered at . Neither these two ministers nor any other who were afterward banished , as shall be showne , could ever to this day , get an extract of their sentence , which no judicature in the world could ever have refuised in equity & justice : yea because the power of the Parliament & Councell of Scotland could reach no furder then their own bounds , & so could banish none any further then out of Scotland ; they devise another way & draw up a bonde where in the subscriber bindeth himself under the paine of death , to remove out of all his Maj. dominions betwixt & such a day & not to returne without license under the paine of death , & this bond , they caused the banished ministers subcribe , before witnesses ; which they were all necessitated to do to save themselves from worse . Judge reader if this was not both cruell & unreasonable .

SECTION VII .

Concerning their sufferings who refuised to observe the Anniversary Day .

AMong other Acts of the first Session of Parliament , there is one for a solemne anniversary thankesgiving , wherein they statute & ordaine [ That in all time coming the twenty ninth day of May ( which was the day of ●…his Maj. birth & restauration to his government ) be set a pairt as a holy Day unto the Lord , & that in all the Churches of the Kingdome , it be imployed in publick prayers , preaching , thankesgiving , & praises to God , for so transcendent mercies , & that all trade , merchandise work , handy-labour , & other ordinary imployments be forborne , & the remaineing part of the day spent in such lawful divertishments , as are suiteable to so solemne an occasion . ] Unto which Act , many of the ministry did give obedience out of fear ; But others could not in conscience yeeld thereunto : not only because , it is not in the power of any under heaven to appoint anniversary holy Dayes , the Creator alone having reserved that power into his own hand , to consecrate any portion of time he pleaseth , & make it holy ; So as holy duties must attend it , as holy duties & acts of worship , attend the Sabboth-day , the only holy Day which is now warranted , by the Word of God . It is true the Church may , when God , by his providence is calling to mourning , to fasting , or to thankesgiving , set some time a pairt for these duties of praying , or rejoiceing , but then the time doth attend the dutyes called for , & the duties doe not attend the time , as they do the Lord's Day . But also because of the grounds & reasons of the solemnizeing of that Day ; which are contained in the narrative of the act , unto which no man who had not made shipewrak of faith & of a good conscience could consent , as every one may see , who will but ponder the Act , a part whereof ( to give but a taste of the whole ) followeth [ The ●…states of Parliament of the Kingdome of Scotland , taking to their c●…sideration , the sad condition , slaverie & bondage , this ancient Kingdome hath groaned under , durcing these twenty three years troubles , in which under the specious pretences of reformation , a publick rebellion , hath b●…en by the treachery of some , & mispersuasion of others , violently carryed on , against sacred authority , to the ruine & destruction , so far as was possible , of Religion , the Kings Maj. & his Royal Government , the la●…es , liberties , & property of the people , & all the publick & private interests of the Kingdome ; So that Religion it self — hath been prostitute for the warrand of all these treasonable invasions made upon the Royall Authority ; And disloyal limitations put upon the alleagiance of the subjects , &c. ] By which & what followeth , it may be obvious to all who read & consider the said Act. That none could so much as preach on that day or give any countenance to such a work , unlesse they would condemne all which had been done for twenty three yeers space , in carrying on of the work of Reformation , as being the height of treachery & rebellion , designedly & purposely carryed on , under the specious pretexts of Reformation ; And what faithfull Minister durst adventure on that , to condemne King & Parliaments Church , & State , & themselves too as treatours & rebells , unworthy to live any longer ? Can any expect that Ministers , before they be convinced of a fault should be so rash & unadvised , as to goe to pulpites , with ropes about their necks , & declare , before all , that they had been so long ( & possibly all their dayes , as to some young men ) living a life of rebellion , against the lawfull Magistrat , carrying on a course of ●…rebellion , to the ruine of Religion , King , & Kingdome ? And can it be expected in reason , that such as refused to countenance that day should be condemned by any who shall but seriously consider , what are the consequences of such a complyance ? Neither let any say that it was out of disrespect to his Maj. that any Minister did refuise to countenance the work of that day ; For all of them did willingly keep a day of solemne thankesgiving , at his coming home ; And Presbyteries , & Synods did chearfully appoynt dayes for that effect . That which the famous & learned Voetius observeth concerning such dayes in his Polit. Pag. ult. viz. That it may come to passe that the time when such an anniversary day should be keeped may be a time when God calleth for fasting , & mourning , then such may look for that woe : Isa. 22 : 12 , 13. As rojoyce when they should mourne : is considerable : & whether it was a fit season then to rejoyce , or not , let the Reader judge when he considereth that upon the Monday before that anniversary day , the famous Marquis of Argile was executed & upon the Saterday thereafter . Faithfull Mr Guthry was put to death . And that also which he sayeth against Ministers keeping a sinfull fast , Pag. 993. Holdeth good here ; for Ministers were clear that this was against the common cause of God . And therefore many who could not satisfy themselves with some fine distinctions & evasions to reconcile themselves unto the publick lawes , resolved with the primitive Christians to hazard their reputation of loyalty ( as Stillingslcet sheweth in his Origines Sacra , Pag. 321. ) rather then to countenance such impiety .

SECTION VIII .

The grounds why Ministers did resuise to goe to the Prelats Courts , cleared .

A Little after his Maj. returne he was pleased to write unto the Presbytery of Edinburgh , ( who were to communicat it unto the rest of Presbyteries of the Kingdom ) a gracious letter , ( as it was called ) wherin he promised to owne & to countenance the government of the Church as it was established by law , wherby many took him to meane Presbyterian government ; But others feared a designe to overturne Presbyterian government & to introduce Prelacy ( as afterward it came to passe ) & when the Parliament did rescinde all acts , & statutes made in favours of Presbyterian government & did devolve the power of setling 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 IamesSharpe ( a man who had formerly been intrusted by severall of the Ministry & confided in , as one who would prove most faithfull unto the Presbyterian interest but now had betrayed his most intimat brethren , & laid down a course for overturning his mother Church & therby declared that he was a most unnaturall childe 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 Royall 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 persones to the severall Bishopricks of the Kingdome 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 Reignes of his Royall grand Father and Father of blessed memory , and that the allowance of Presbyteriall government is now of itself void and expired , as being only for a time , &c. 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 Councell , Ian. 9. 1662. did make publick intimation thereof & discharge all ecclesiasticall meetings in Synods presbyteries & sessions , untill they be authorized & ordered by the Archbishops & Bishops upon their entry unto the government of their respective seas which is to be done speedily . Wherupon at the time of the meeting of the provinciall Synods , noblemen & others were sent to raise them by force .

But therafter when these foure returne 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 episcopall function , & to all their privileges , dignities , jurisdictions , & possessions due & formerly belonging thereunto : as also there is an act ordaincing all ministers to repaire unto the diocesian assembly & concur in all the acts of Church discipline as they should be therunto required by the Archbishops , or Bishop of the diocese , under the paine of being suspended from their office & benifice 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 goe 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 begining , the practice of all other reformed churches , & of the primitive Church , & contrary to the judgment 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 , then those three mentioned by the author of the Seasonable case pag. 11. as of another judgment . ) 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 Kings power & perogative to setle what forme of Church government he thinketh best ; & they are now authorized & ordered by the prelates : & so they are pieces & partes of the prelaticall government , & therefore they are distinct from what they were before : So that no minister that made conscience of his covenant & vow for presbyterian goverment & against prelaticall could with peace & freedome , keep or countenance these meetings .

It is replyed by the prelates 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 putt on , then if he had not at all restrained them . But this is no satisfactory answere his meet deny all will not availe much with indifferent men of understanding , for the difference is clear : because 1. formerly , Church judicatories had power within themselves to nominat , & appoynt their own moderator , now it is not so 2. Formerly , Church judicatories , & Church power , did flow from the Lord Iesus Christ immediatly , as being the only head of his Church , now they flow from another fountaine : viz the King as the fountaine of all Church power , & therefore is the goverment called his majesties governement ecclesiasticall in the Act of councell Iuly 10. 1663. & the prelats in the discharge of their office are said to do service to his Maj. in the Church in the act of councell Ian. 9. 1662. 3. Formerly , Church judicatories did meddle with every scandal , now they must meddle with no more then the prelat pleaseth . 4. Formerly , presbyters had power to voyce & to determine by their decisive suffrage , now they are but the prelates counsellours , of whose counsell & advice he maketh what use he thinketh fitt . 5. Formerly , there was none in those judicatories who had a negative voyce , now the Bishop hath it , & the rest are but cyphres . 6. Formerly , in these judicatories ther 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 prelat , who hath a negative voice in them , & whose dioecesian meetings they are , being now modelled conforme to the number of prelats , whileas before in some dioecies there were three provinciall Synods . Moreover the passage which was cited before out of the Proclamation , Ian. 15. 1662. cleareth this aboundantly ; for there it is said expresly , that the administration of the Church in the way it had been , ( that is the administration of presbyterian goverment ) is inconsistent with that which is now established , or Episcopall goverment ; and the councell is better to be beleeved then this man who speaketh without ground . againe why did King & Councell discharge those meetings , but because they were making way for the setling of Episcopacie ? 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 Goverment ordered in the respective synods , presbyteries & sessions , by the appoyntment & authority of the Archbishops , & Bishops thereof , according to their known privilege & practice conforme therto . ] If not to clear this difference .

He objecteth pag. 8. & sayeth [ That the supreme Magistrat hath undowbted power to convocat synods , when he seeth it needfull — & no protestant minister would refuise to come , at his comand ; nor is there any ranke or degree of subjects , that can without the staine of sinfull 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 lesse then others ; & are obliged in conscience to subject themselves Unto the civill Magistrat , in the Lord , no lesse then others ; But. 2. Neither ministers nor others are bound at the Magistrat's command to sin against God , it being alwayes better to obey God then man & here in obeying this command , Ministers , should have hainonsly sinned against God , for . 1. They should have therby acknowledged , upon the matter , that the Magistrats power , in Church matters , is such , as that , he may appoynt what forme of Goverment he will , which no presbyterian , in conscience , could yeeld to , without wronging of Christ , the head & King of his Church ; as shall in due time be made furder to appear . 2. They should have therby testified , & acknouledged their approbation of Episcopall Goverment , contrary to their oath & subscription , for this was pressed as a badge of conformitie , & signe of subjection unto Episcopall Goverment ; as the Proclamation of the Privie Councell before mentioned doth abundantly clear , & these meetings are meer episcopall meetings as is showne . 3. Ans●…as to the ground of the objection viz. That the Magistrat hath power to convocate synods ; It would require a longer time then can be now allowed to discusse the same , & to try , how , & in what cases , it willhold good . But this is certane that the judgment 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 therunto ) is that in Churches constituted ( such as the Church of Scotland was ) the Magistrats 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 intrinsecall power received from Christ , as often as it is necessary , in case the Magistrat 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 Goverment was in force . But. 3. They were new meetings , upon new principles , having their rise from a new spring , & fountaine , & constituted otherwise in a new forme , and so , they were no meetings consonant unto the principles of presbyterian Goverment , but wholly dissonant , & meetings complying with , & flowing from , Episcopall power & jurisdiction , & ordered by prelaticall authority & appoyntment . 3. Countenanceing of these meetings , upon the matter , would have been an assenting & consenting unto , the pulling down of presbyterian Governement , which they were sworne to maintaine . 4. Yea it would have been a fearful matter of offence & stumbling unto the godly & truely tender ; & a hardening of others , who had complyed ; & withall a dangerous casting of themselves into temptation , as experience doth abundantly prove dayly : and therefore this comand could not be obeyed ; for no command of a Magistrat can warrand any to sin , by doing that which is , in it self , sinfull yea or what is a reall ground of offence unto others ( provideing the matter be not absolutely necessary , antecedently , unto the command of the Magistrat . )

But he addeth [ Is this rationall that where two commands of the Magistrat are joyned , the one undowbtedly lawfull , the other dowbted of ; that subjects should disobey the Magistrat in that which is clearly lawfull , because ●…ey have a dowbt or unclearnesse anent obeying him in the other command — had they come to the place it would protanto have shewed their respect unto authority ] Ans. It is a great question if this man speake rationally here : doth he thinke that the civill Magistrat did intend two commands in that one ? he may as well say that he did intend twenty : will he so metaphisically anatomize the commands of councells & Parliaments , as to render them ridiculous ? would he have had ministers sporting & jesting in such a serious matter , with the supreme Magistrat ? if the Ministers had come't to towne & seen what of the cloke 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 faithfull ministers of Christ had some other thing to think upon , then thus to sport themselves , & mocke authority by halveing orquartering the commands and injunctions thereof , & therefore would neither get on horse backe , nor come half the way , not to the place appoynted , because they might not in conscience concurr with the prelat there , in that dioecesian meeting , which was the onely thing commanded , & their coming to the towne , was no more commanded , ( save as subservient thereunto ) then their riseing out of their Bed that morning , or their taking horse , &c.

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 then they can allow-as of a negative voyce ; 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 compleat ground ; but this . That it is a meeting called together by the civill Magistrat , assumeing to himself , power to cast downe the established government of the Church , & the primitive governement , & to settle what kinde of government he thinketh fit , as best complying with his own & his subjects humors , & who accordingly hath razed to the fundation presbyterian government , unto which , both he & all the lands were sworne : and is setting up prelatical government , against which he & all the lands have sworne , of which , these three particulars mentioned , are so many evidences : And that they are so , cannot be denyed ; for . 1. Whatever truth be in this assertion . That ecclesiasticke judicatories have a divine warrand for chooseing their own moderator . This is clear & undenyable , that while presbyteriall governement was in its integrity & vigour , the assemblies of the Church nationall , provinciall & presbyteriall , had this privilege to elect their own moderator , & when ever prelats began to rise & get entrance in that Church , this incroachment among other shee 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 prelats ( as was showne Sect. 1. ) And therefore this is a clear evidence of the change of the government from presbyteriall to prelaticall . furder though that which Zepperus sayeth viz Presides ecclesiastici , &c. that is the moderators or presidents of the ancient councells were some time named by the emperour be true ; yet it will be a mere non sequitur to conclude thence , as this author doth viz That it is lawfull for the Christian Magistrat , upon whom the externall ordering of all the judicatories in his dominions depends , to nominat out of a meeting of ministers , conveened by him , one of the number , to order the actions of the meeting , and by his authority to controle the unruly , not only as being a concludeing of a generall from a particular ; but as being a putting into the conclusion , what is not in the premisses , & a mixing of heterogeneous things together . What he meaneth by this externall ordering of judicatories who can tell ? unlesse it be all that power which ordinarily is exerced by a moderator ; & will he say that the Magistrat ought to choose all the moderators ? Hath the supreme Magistrat any more interest in those meetings , or hath he so much , as he hath in civill meetings ? & doth he appoynt all the mouthes of these meetings ? But have not Church judicatories within themselves , power for their own externall ordering ? who then ordered the Synod at Ierusalem ? Act. 15. To say the Magistrat was not then Christian & therefore it did not belong unto him , is enough to prove that it doth not belong to him as a Magistrat . 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 moe divines with greater reason think , that seing 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 lawfull for them to give that negative voice unto any ) yet this is undenyable . 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 undenyable , that so soon as prelates gote up , unto their chaires they challenged that negative voice to themselves , as their due , & took it whether presbyters would or not ; & so have the prelats done to day ; & therefore this concession of these eminent men were it never so true , as it is denyed by many , is nothing to the poynt ; 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 personall fault of another cannot be a good ground for brethrens withdrawing from their duty ; yet when by their concurrence to consult alone ( when by God's law they have equall 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 prelats set up as before ; so that if they concurre they cannot avoide 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 lawes of the land is to please the simple ( that beleeve every thing ) with a faire 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 lawes 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 & Blondell ( 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 & professours , & particularly by the Church of Scotland , from the begining ; 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 prelats usurpe 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 Episcopall , so that to concurre , by meeting with the prelats at their dioecesian meetings , must be an approving of prelacy , & this cannot be done without perjurie .

But he objecteth pag. 12. Thus [ Our worthy ancestours choosed rather to c●…curie with such meetings then to desert them ] Ans: The case then , & now differeth farr ; for then these judicatories were standing when the prelats 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 minde 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 owne consciences ; Yea & for curbing , in a great part , the prelats power : Whence it was that neither the Prelats , nor the Estate did ever command Ministers to attend those meetings , but rather wished , with all their heart , that they had forborne to come ; but now presbyterian government is quite overturned , all presbyterian assemblies are discharged , under the highest paine ; & after prelats 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 & confirme prelats in their place & power , & therefore all were commanded by the Estate to concur with the prelats in their meetings under a penalty . So that it is but a meer falshood , to say [ that the meetings then & now are of the same constitution , nothing altered ; ] for , then they were hedges standing in the prelats way , though much weakened , by reason of the civill power opposeing ; but now they are props to support & strengthen the hands of the prelats , 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 loth , rashly to condemne such , as feared to transgresse in the least , & resolved rather to suffer then to sin ; seing it is now beyond controversie that their concurring in those meetings , had been upon the matter a consenting unto , & an approving of prelaticall government , upon which account alone , the faithfull servants of Christ did refuise to concurre .

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 prelats 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 , unlesse they should obtaine 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 laick patrons , having power to presente Ministers unto benefices ; and then the Parliament was pleased to discharge all presentations of Kirks & patronages whether belonging to the King , or to any laick patron , upon good & weighty grounds as the narrative of their 39 act March 9. 1649. sheweth in these words [ The Estates of parliament being sensible of the great obligation , that lyeth upon them , by the nationall Covenant , & by the solemne league & covenant , & by many deliverances & mercies from God , & by the late solemne engadgment unto ties . To preserve the doctrine and maintaine 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 evill and bondage under which the Lords people , and Ministers of this land , have long groaned , and that it hath no warrand in God's word , but is founded only on the commonlaw , and is a custome 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 solide and good ground , it is reckoned among abuses that are desired to be reformed , and unto severall acts of the generall assembly : and that it is prejudiciall 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 license & approbation to officiat & exerce the Ministeriall function .

But the faithfull & zealous servants of Christ had not freedome nor liberty to do either of these , & therefore resolved to suffer , rather then to sin .

They had not freedome to go to seek a presentation , for these reasons .

1. Because , they saw no warrand for such a way of entering into the Ministery 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 obtaine it untill . 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 necke .

3. They should , in so far , have consented unto the defection now carryed 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 worke 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 atturney , and of the sheriffe of the shire . Stewart of the Stewartry , or heretable baily , or commissar of the bounds of it be in the countrey , and of the Magistrats of the brughs within the brugh before the granting , and their accepting of the presentation , Take and subscribe the oath of alleagiance otherwise his presentation is null and void of it self . Now as shall be showne hereafter , no man could with a saife conscience , take that oath as it was tendred 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 Ministery , without a lawfull 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 meanes , be condemned as intruders , entering without a lawfull call . Ans: Though patronages cannot but be condemned , as sinfull , tending to ruine the Church , & to defraude 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 prophane person , & a persecuter ) either hath not understanding , to discerne the spirits , or will not make choise of the best & most able minister : Yet such as entered that way , before the year 1649. cannot altogether be condemned , partly because then the evill of it , was not so fully seen & perceived ; partly because that evill had not been reformed , & 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 lesse then the fault of such would be , who have now seen this evill reformed & have seen ( or at least might have seen ) the evill of it , & have been called orderly & duely conforme 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 againe 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 againe to goe 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 againe . That they have already the consent of the people , being called by them before ; & so the Churches 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 complyance with this course of defection , the lesse sinfull ; but rather the more ; for by their taking presentations now , they do upon the matter declare that they were not duely called before ; and so they condemne the way of entry by election , as not lawfull , & say that the way of entry by presentations from patrons , is the only lawfull way : for the patrons presentation is not cumulative unto , but privative & destructive of the peoples liberty of free election ; because where patrons do presente , the peoples 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 judgment , they were never duely called till now , & this were to annull their former election which they had from the people .

Next ( which was to them of greater moment ) they could not with freedome of conscience , goe 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 walke by the ●…ule of the word : now the scripture sheweth 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 expresse obligation on them to performe 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 meanes , they should have condemned themselves , as not being lawfull 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 solemne setting apart one for the work of the ministry , by saying in effect that it is but a meer blinde ; for notwithstanding that one be solemnely ordained by the presbytery , according to the primitive paterne ; yet the persone ordained must have his recourse unto another , in a superiour order , for liberty to put in exercise what he hath gotten in potentia or in Actu signato , the like whereof cannot be showne in all the scriptures : where read we that ever any who was ordained by a presbytery , might not exerce the office without a new license from some other ? to what end serveth ordination if it be not for seting of one apart for the work ? That office or power is a cyphre & altogether uselesse which cannot be exercised , & is not like an office or power granted by Iesus Christ .

5. By this meanes , they should fully acknowlege the power & authority of prelates over presbyters , & so subscribe unto their jurisdiction & acknowledge them to be lawfull officers of Christ's house , & upon that account , submit unto them , which were poynt blancke co●…ary to their vow & Covenant .

It is objected against this by the author of the seasonable case pag. 15. That thereverend persones instructed by law , to call for that promise from ministers , do not search into mens apprehensions concerning the grounds of their power : all they seek of them , is obedience to them , in things lawfull 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 ministery , Ans. There is enough here to deterre any from this bussinesse for . 1. There is no warrand in the word to owne them as chief ordainers ; there are no chief & inferiour ordainers mentioned in the word ; this then must be a fiction & a humane invention , which no minister must acknowledge ; for all must goe 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 warrand 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 appoyntment . 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 municipall lawes of a land will not warrand any new office or officer in Christ's house . It appertaineth alone to Christ as King & head of his owne house & Church to institute his officers : And it is a fearfull incroaching upon the privileges of the crowne of Christ , for any state or potentate to take upon them to appoynt such offices & officers , as Christ hath not appoynted . Therefore whether those persones ( reverend or irreverend all is one ) that are so intrusted by law , to call for such promises & engadgments , do search into mens apprehensions , concerning the grounds of their power , or not ; yet the very promiseing of obedience in things lawfull ( for in things unlawfull , obedience must not be promised to any lawfull power under heaven ) is an acknowledgment of the lawfulnesse of their power , & of subjection as due unto them , & an owneing of them as lawfull officers , lawfully installed & authorized , & because this could not be done , therefore neither could the other be done .

He replyeth . 1. It is not obedience under a reduplication , and as formally obedience , they call for , If it be obedience materiall they are satisfied Ans. And what more doth the most lawfull power under heaven ask do they search into the principles of mens 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 reall obedience they call for , and. 3. The promiseing of obedience , under whatsoever reduplication hath in its bosome , an acknowledging of the lawfulnesse of the authority calling for such obedience .

He replyeth . 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 ecclesiasticke , for regulating the externall order of the Church in their severall bounds , and impowered by the law of the land , so to do , the strickest presbyterians will not finde ground to disowne their office in that consideration Ans. Then. 1. Prelats are nothing else but the Magistrats commissioners , & have no power or authority jure divino by any warrant of Gods law , more then any other of the Magistrat's commissioners . 2. whence had the prelats , in the first three hundered yeers ( if so be there was any such , as this author is bold enough to affirme but faileth in his undertaking to prove it ) their commission ? had they it from Nero , & the rest of the persecuting heathenish Emperours ? 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 advocat extricate himself out of these difficulties & evite a contradiction ? But. 3. If they be the Magistrat's commissioners in causes ecclesiasticke their power must reach no further then the Magistrats power doth , in Church causes , viz the 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 or his externall order . If he streach it no surder . How then cometh it to passe that they meddle with more then what concerneth the 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 or will h●… say that all the causes which prelats as prelats meddle with , are but such ecclesiasticke causes As are for the regulating the externall 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 Magistrat , & by vertue of his commission they act in that sphaere & capacity : and if he say so he speaketh plainely , but without any ground in the word : for then Magistrats might ordaine 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 shew any example of any Magistrat , as such , ordaineing or deposeing Ministers , censureing or excommunicating Offenders , since the World began ? What a wilde 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 lanch forth , into this debate concerning the Magistrats 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 Prelats challenge to themselves as such , did primarily belong unto , & reside in the hand of the civill Magistrat , & might be derived by commission from him , unto them : And this must be granted as a truth , if it be once said that prelats Act in Church matters , by vertue of a commission from the supreme Magistrat : for a commission is distinct from a command , the supreme Magistrat may command ministers to preach & baptize & 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 prelats 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 civill Magistrat . The scripture●… , by which all are to regulat their actions in the Church of God , giveth warrand 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 Prelats are , swollen up to that bignesse , with mere winde & phancies ; & observe by what art they ascend , They make the supreme Magistrat beleeve that all the power belongeth unto him to the end , he may devolve it back againe over on them by a commission , & so authorize 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 faithfull 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 acknowlegment , & not to take the canonicall oath : which was so contradictory unto the oath of the Covenant .

But he replyeth [ That there is no contradiction betwixt the covenant and that canonicall 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 canonicall oath should not contradict the second article of the league & Covenant , yet there is good cause why it should be refuised , as hath been showne , and furder what warrand 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 Magistrats may impose an oath upon their subjects , & so upon ministers , as well as others , in things not sinfull ; & when necessity calleth for it ; but that the Magistrat may give unto any of his subjects such a power as he hath not himself , & impower 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 poynt blancke contrary unto the league & Covenant , sworne & subscribed . And that because by the covenant they are sworne 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 withall they should not owne & acknowledge them ? what more owneing & acknowledging can they desire , then submission & a promise of obedience in all things lawfull . 2. And he hath a phancy ( I shall not say a judgment ) strongly prepossessed with prejudice at truth , who can say , with this author that [ it will be hard to finde out a contradiction there , either in termes or by necessarie consequence ] for a stronger contradiction is hardly imaginable then betwixt an edeavour to extirpat such or such governours ; and a humble submission unto , & acknowledgment of their power , with a promise of faithfull obedience there unto : for he who is bound to endeavour to extirpat them , must never owne them as lawfull 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 lawfull officers . & so a promise of defending them in their place & power , in a lawfull manner : and this is diametrically opposite unto an endeavour to extirpat them . 3. As for Timorcus whom he looketh on as favouring his conceite , 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 answere in cap. 7. ) which concerneth the oath of canonicall obedience . The objection is this . The league & covenant is contradictory to other oaths sworne before , such as the oath of canonicall obedience , & therefore is void ipso facto . To which he answereth . 1. Thus suppose ( & his supposall is an assertion if he speak to the poynt ) That upon mature deliberation the Ministers that subscribed that oath , finde that it was an unlawfull oath , as obliging them to the acknowledgment of such a power in the Church , as is by no meanes allowed , in the word of God , they are in such a case onely 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 canonicall obedience , was imposed without authority of Parliament & the Parliament , as soon , as they took notice of it , declared their dissent to it , & to all oathes imposed without their authority , certanely this should goe 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 canonicall obedience , as peccant both in matter & forme , & that therefore it hath no force to annull 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 & lawfull , 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 canonicall obedience was lawfull , & yet he asserteth that notwithstanding thereof , the covenant might have been sworne & 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 , & prelats 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 lawfull & honest , to this or that governement , doth oblige himself whatever evill he seeth in such a governour , either through want of just title , or male administration of his trust never to endeavour to free himself from that servitude . But thence it vvill not necessarily follow , that they who have sworne the covenant should not contradict the same if they shou'd now take the oath of canonicall obedience . Because , the oath to endeavour to extirpat , includeth a not giving obedience unto them , as a generall includeth a particular , so that he who hath sworne to endeavour their extirpation , hath sworne withall never to obey them as lawfull governours : And so there is a contradiction betwixt the canonicall oath , & the covenant . The Covenant bindeth up such as have taken it , from the canonicall oath , though the canonicall oath could not binde up their hands from the covenant , partly because it was sinfull upon the matter , & unlawfull as to the power imposeing : & partly because though it had been lawfull 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 lawfull before becometh much more un lawfull now ; & carryeth 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 councell at Glasgow , prohibiting & dischargeing all these ministers who had contraveened the foresaid act of parliament to exerce any part of the function of the ministery at their respective churches in time comeing , which are hereby declared to be vacand , and that none of their parishoners , who are lyable in any part of their stipends make payment to them of this instant crop & year 1662. or in time comeing , as having no right thereto , and that they do not acknowledge them for their lawfull pastours in repaireing to their sermones , under the paine of being punished as frequenters of private conventicles & meetings ; & commanding & chargeing the saids Ministers to remove themselves , & their families out of their parishes betuixt & the first day of Novemb. thereafter , & not to reside within the bounds of their respective presbyteries ] This was very sad , threatening no lesse then ruine to Ministers and their poor families , to be put from their houses in the middest 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 Gods 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 meanes 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 teares , the cryes , and the bitter groanes that were there : Now were the breasts pulled from the mouthes of the young infants , the table was drawne , & the people were made to wander up & downe the mountaines seeking the word of the Lord , & could not finde it , they had silent Sabbaths & empty pulpites , some countrey sides were hereby laid utterly desolate : And what could these faithfull Ministers do in this case , but sigh , & groan to God seeing they could not in conscience yeeld 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 cathedrall , & three or foure 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 faithfulnesse On their part , & fruitfulnesse through the Lor'ds blessing on their labours , to enlarge the Kingdome of Iesus 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 yeelded , without sin .

SECTION X.

The oath of Alleagiance 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 processe ; There are some wayes devised how moe 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 Kingdome so soon as his Maj. commissioner should signify his minde the reanent . But this sentence was not put in execution possibly because they saw an inconsistencie betuixt 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 publicke trust , & to be looked upon as persones disaffected to his Maj , authority & government , & this was all . But in Decemb. 1662. The privy councell 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 binde themselves to remove out of all his Maj. dominions within a moneth , & not to returne under the paine of death , otherwayes they would commit them to close imprisonment , & there keep them untill they had occasion , to send them elswhere . Whereupon these Ministers saw a necessity of subscribeing that bond of banishment ; Though it was very hard to binde 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 lawes , and constitutions received therein This his councell ( which by the fundamentall lawes of the land ( as appeareth by the 12 Act of the 2 parliam . of King Iames 4. whereby they are first established ) is to give his highness a true and essauld counsell in all matters concerning his Maj. and his realnie , and to be responsall and accusable to the King and his estates of their counsell , & so is a judicatory subordinat unto the Parliament & accountable to & censur able by them ) would banish such as the lawes 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 lawes of the land deserved only to be punished by a fine or a summe of money , let lawyers judge , & whether this be not an arbitrary illegall 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 it self be considered & compared with the former oath of alleagiance . The oath now tendered is thus worded in the acts of this Parliament severall times .

I , for testification of my faithfull obedience to my most gracious & redoubted soveraigne , Charles King of Great-Britaine france & Irland , &c. affirme , testify , & declare , by this my solemne oath . That I acknowledge my said soveraigne , only supreme governour of this Kingdom , over all persones , & in all causes , & that no forraigne prince , power , or state , or person civill 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 & maintaine 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 alleagiance : but is indeed very far different therefrom as will easily appear to any who will compare the same with that oath of alleagiance , which King Iames treateth of in his dialogue called God & the King lately reprinted & published by his Maj. royall procla●…tion for the instruction of all his subjects , in their duty & alleagiance for thus is that oath worded .

I , A. B. Do truely & sincerely acknowledge , professe , tostifie & declare in my conscience , before God , & the world that our Soveraigne Lord King Iames is lawfull and ●…ightfull King of this realme , & of all other his Maj. dominions , & countreyes , & that the pope neither of himself nor by any authority , by the Church & see of Rome or by any other meanes with any other , hath any power or authority to depose the King or to dispose of any of his Maj. dominions , or Kingdomes , or to authorize any forraigne prince to invade or annoy him or his countreyes , or to discharge any of his subjects , of their alleagiance & obedience to his Maj. or to give license or leave to any of them to ▪ bear armes , raise tumults , or to offer any violence , or hurt to his Maj. royall 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 successours , or by any authority derived or pretended to be derived , from him or his see , against the said King , his 〈◊〉 or successours , or any absolution of the saids subjects from their obedience : I will be●… faith & true alleagiance to his Maj. his aires & successours , & him & them will defend to the uttermost of my power , against all conspiracies & attempts whatsoever , which shall be made against his or their persones , their crowne & 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 aires & successours , all treasons , or treitours , or conspiracies , which I shall know or hear of to be against him or any of them . And I do furder swear that I do from my heart abho●…e , detest , & abjure as impious & hereticall 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 beleeve , & 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 & lawfull authority , to be lawfully Ministered unto me . And do re●…unce all pardons & dispensations to the contray . And all these things I do planely & sincerely acknowledge , & swear according to these expresse words , by me spoken , & according to the plaine & common sense & understanding of the same words without any equivocation or mentall evasion , or secret reservation whatsoever . And I do make this recognition & acknowledgment heartily , willingly , & truely upon the true faith of a Christian. So help me God .

This is the oath of alleagiance & how far it differeth from the former which was lately tendered , is easily discerned . These few words in the short oath [ only supreme governour in this Kingdome over all persones , & in all causes ] containe the main difference betwixt the two , & the main grounds of scruple ; for they hold forth two things . The King's supremacy in matters civill , & his supremacy in matters ecclesiasticke .

It is true Ministers ought both to be ( & to carry duti fully as becometh ) subjects , & to refuise nothing lawfull , which is ▪ required of subjects : but oathes , being matters about which much tendernesse & carefulnesse ought to be used , it becometh Ministers to look well to this & not to engadge 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 maine thing intended , ( which lyeth 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 onely scrupled at , & which containeth the substance & maine thing intended , it is at best ambiguous , & generall : & for this cause ( if there were no more ) every Christian ought to forbear to swear the same : And that because , every oath must be sworne in truth , in judgment , & in righteousnesse Ier. 4 : 2. but an unclear & ambiguous oath cannot be sworne in truth , because it hath no truth in it ; for what is ambiguous is not true , as doctor . Sanderson sayeth de jur: promis : oblig . 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 falshood , without any ambiguity And therefore this proposition that the King is onely supreme governous over all persones , & in all causes being ambiguous till it be clared by some distinctions , cannot be sworne , in truth , because the truth thereof cannot be known : Nor can it be sworne in righteousnesse , 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 Iesus Christ , who is King & head of his Church . Nor can it be sworne in judgment , because its meaning cannot be known .

But now seing the oath , in respect of its substantiall part as it is now worded is ambiguous & unclear ▪ reason would require that the tenderers thereof should explaine 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 lawfull but necessary to enquire what sense the Acts & Actings of the Parliament , do put upon it .

And as to the civill 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 preceeding 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 royall prerogative of the Kings of this Kingdome , to have the sole choice & appoyntment of the officers of state , privy councellours , 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 haires & successours , & that as no Parliament can be lawfully keeped , without speciall warrand & presence of the Kings Maj. or his commissioner ; so no Acts nor statutes to be past in any Parliament can be binding on the people , or have the authority & force of lawes without the speciall , approbation of his Maj , or his commissioner interponed thereto , at the making thereof ; that the power of armes , making of peace & warre , & making of treatjes & leagues , with forraigne princes or states , or at home by the subjects among themselves , doth propperly reside in the Kings Maj. his heirs & successours ; & is their undowbted right , & theirs alone ; & that it is hig●… treason in the subjects of this Kingdome , or any number of them , upon what soever ground to rise or continue in armes , to maintaine any forts , garisons , or strengths , to make peace or warre , or to make any treaties or leagues with forraigners , or among themselves , without his Maj. authority first interponed thereto . That it is unlawfull to the subjects of whatsoever quality or function , to convocat , convcen , or assemble themselves , for holding of Councells , conventions , & assemblies to treat consult & determine in any matters of state , civill or ecclesiasticke ( except in the ordinary judgments ) or to make leagues or bonds upon whatsoever colour or pretence without his Maj. speciall 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 publick oaths concerning the government of the Church & Kingdome , and that none offer to renew or swear the same , without his Maj. speciall warrand and approbation .

This acknowledgment 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 shew that such as have refuised the same cannot be accounted disloyall : for all indifferent persones 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 & fellowshareis 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 forraigne 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 setling the governement : for they did willingly swea●… to Fergus and his posterity : & and when he died & left two young sones ●…erlegus & Mainus both unfit for governement they resolved upon a new course . That neither a childe should governe nor yet their oath which they made to Fergus be brocken , which was this . That when the Kings children were young at their fathers decease , some other of the posterity of ●…ergus fit for governing , should be chosen who should rule the Kingdom all his dayes ( which law continued 1025. years untill the reigne 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 Kingdome , but it was refu●…sed , so long as Feritharis lived . And when Cotb●…edus died they passed by his sone C●…tbred & made choice of Darda●…us the grand childe of Metellan , & thus did they alwayes unto the dayes 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 Kings eldest son should be called prince & should succeed , & if the son died before the father , then the grand childe should succeed unto the grand father , & that if the King died leaving a young childe to be heire of the crowne a regent should be chose to mannage the affairs of the Kingdome dureing his minority , till he were 14. years of age at which time he might choise 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 lawes are stiled 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 witnesse that they share in the supreme power of interpreting the lawes 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 casily appear . So at that Parliament in which King Iames the 6. was created King , & the Earle of Murray setled in the regency , it was debated what course should be taken with the Queen concerning whose accesse unto her husbands death there were such shreud toakens . And some voted that justice should be executed upon her , and others that she should only be keeped in prisone : see Buchan , lib. 19.

6. The Parliaments of Scotland have had expresse power in some cases to withstand & resist even by armes , the King , if he should break treaties of peace , made & concluded by him & them , with forraigne 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 , &c. Buch , lib. 16. that is [ By your letters & mandats sent us by a herald we understand how obstinatly you are set against piety towards God , and the publick 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 & prohibite all that publicke 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 carryed towards the welfare of this Kingdome : And as you do 〈◊〉 lo●…k , upon us as lawfull subjects of this Kingdome , and as a la●…full Parliament ; So nor do we look upon you as regent or as exer●…ing any publick Magistracy : Especially , seing 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 realme . So Anno 1567. they put the queen regent mother to King Iames from her regency which deed of theirs is fully vindicated by the earle of Mor●…on in his discourse to the Queen of England , a part whereof out of Buch : Lib. 20. because usefull both for clearing of this particular , & some others before mentioned shall be here transcribed . Primum Factum ipsum , &c. As for the deed it self of punishing Kings or queens : The ancient custome of our predecessours , 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 lesse were it necessary to confirme this deed of ours by forraigne examples , seing there are so many , so obvious in ancient histories . But now the nation of the Scots have been a free nation from the begining , & 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 & lawes had any abode , this custome is followed in the chooseing of their governours , to this day : And the ceremonies used at the coronation of Kings , do clearly demonstrat that the government is nothing else but a mutuall stipulation betuixt 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 , seing it was not of the nature of those lawes that change with tht 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 lawes , 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 predecessours follow being alwayes armed against violence , & ready to suppresse tyrants But that I may passe 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 emperour he did account it his glory to acknowledg himself inferiour to the people & subject to the lawes for when Trajanus gave a sword , according to the custome , unto the praefectus urbis , he said use it for me or against me , as I shall deserve : and Theodosius , a good emperour in these worst times would leave this noble saying among the lawes , that he confessed he was under the lawes . 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 onely make mention of two later ; the one is of Christieris the King of the Dennes who for his intollerable cruelty was put from the Kingdome , he & all his posterity ; which is a sadder punishment then ever was inflicted by any of our progenitours — what did the mother of Charles the 5 that made her deserve perpetuall imprisonment — & now what did we but following the examples of so many nations & Kingdomes , suppresse tyranny , which swelled above all law , not indeed so severely as our predecessours did in like cases — for had we followed their example we had been farr from , not onely 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 Earle of Ruthven , that same night that David Rizio was killed as Buch reporteth lib. 17. That the government of the Kings of Scotland was alwayes very lawfull & that it was exerted not after the lisst & pleasure of any one man , but according to the lawes , & by the consent of the nobles , and if any King did otherwayes he suffered accordingly , and now Scottish men are not so farr degenerated from the institutions of their predecessours 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 Iames 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 Kingdome hath been upholden , rebellious and traiterous subjects punished , the good and faithfull preserved and maintained , and the lawes and acts of Parliament ( by which all good men are governed ) are made and established — and therefore they statute and ordaine that none take up on hand to impugne the dignity and authority , of the estates , or to seek or procure the innavation or diminution of their power or authority under the paine of treason . It is true that in the preceeding Act , they confirme the Kings Royall 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 aboundantly 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 persones whether civill or ecclesiastick : 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 setling 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 & traitours : And being accused of treason before the King & his Councill , They declined them as incompetent Judges . Upon this account in this houre of darknesse by the meanes of the Earle of Arran . This Parliament is suddenly called ( wherby there were two Parliaments in one year 1584. the one meeting May 22. & the other ( which is called the ninth Parliament , as the former was called the eight ) Agust 22. ) which granteth this supremacy to the King over persones ecclesiastick & ( for formalities sake ) civil , & therefore in the end of that act , it is declared to be treason to decline his Maj. or his Council in any case . So then the question was not betwixt the King & the Parliament : But betwixt the King or his Councel ; & the Church in spirituall matters : It is true also that in the 1. Act of Parliament 18. Anno 1606. [ His Maj. soveraigne authority , Princely power , Royall prerogative , and privilege of his Crowne over all Estates , persones and causes whatsoever , ] is acknowledged : But this act is of the same nature with the former , no prerogative over & above the Estates of Parliament is acknowledged here to belong properly to the Crown : And moreover , these words are but faire flourishes & parliamentary complements . Finally the prerogative here spoken of is founded upon personal qualifications where with they say he was endued far beyond his predecessours such as , [ extraordinary graces , most rare and excellent vertues , singular judgment , for sight , Princely wisdome . ] & the like , & these may be wanting in one possessing the crowne : & therefore it could not be the minde of the Parliament to give a supremacy founded upon such qualifications , to these who had not those qualifications , & so they could not annex it unto the Crowne .

9. Together with these particulars let this be considered . That in 3 Article of the league & Covenant , they did all swear [ Sincerly , really , and constantly , in their severall vocations to endeavour the preservation of the rights and privileges of the Parliaments ; ] And then it shall appear that there was good ground of scrupleing at that oath , which as explained by their acts tendeth to the overturning of those rights & privileges : For none who desired to make conscience of the oath of the Covenant , might swear an oath so apparently opposite thereunto . It is true those questions concerning the power of Princes & Parliaments are dark & ticklish ; & Ministers , not being lawyers by profession , can not be supposed to be well acquanted with the lawes , & constitutions of the realme ; or with the nature , & extent of the same , in all points : Yet it concerneth them to see to this , that they run not themselves upon the rocks of contradictory oaths : And having sworne to endeavour in their places & callings , the preservation of the rights & privileges of Parl. it concerneth them & all not alitle to search so far into the rights & privileges of Parl. as that they may know when an oath is tendered unto them which crosseth the same : & being once engadged in an oath , in a matter not sinfull , not to change , or to swear that which destroyeth & contradicteth the former oath . But leaving those things , & not laying more weight on them , then they will bear , other particulars more weighty & pressing must be spoken to : & therefore let it be considered ,

10. What dreadfull consequences will follow upon the taking of this oath , thus explained , as to its civil part , by the forementioned act concerning the prerogative & other acts now to be mentioned , as

1. A condemning of the convention of Estates Anno 1643. conform to the Act 6. of this Parliament . 2. A condemning of the Parliaments , Anno 1640 , 1641 , 1644 , 1645 , 1646 , 1647 , & 1648. conforme to their Act 15. as also the committees & Parliaments thereafter Anno 1649 , & 1650 , & 1651. conforme to their Act 9. 3. A condemning of all the Acts made by these Parliaments , conforme to their Act 3. 4. A condemning of all the meetings , Councells & Conventions of the subjects , at the beginning of the late work of Reformation , conforme to their 4 Act. 5. A condemning of the League & Covenant , conforme to their Act 7. 6. A condemning of Scotlands joyning with , & helping of England , in the day of their straite , conforme to their Act 7. 7. A condemning of the renueing of the Nationall Covenant Anno 1638 , & 1639. conforme to the last words of the 11 Act. 8. A condemning of the Generall Assembly 1638 , & severall others thereafter , conforme to their 4 Act. 9. A condemning of Scotlands riseing in armes in their own defence against the Popish , Prelaticall , & malignant Party , conforme to their 5 Act. 10. A condemning of their seizing upon forts & castles in their own defence , conforme to the said 5 Act.

Was there not then cause to scruple at the taking of this oath which would have imported a condemning of all those things ? sure there was , as shall be showne in speaking to each of the particulars mentioned : Now it is clear that the taking of this oath , would have imported a condemning of all these particulars , from this : That the Parliament doth condemne all these mentioned particulars ( as the acts specified do clear ) because done without his Maj consent , which ought ( say they ) to have been had by vertue of his prerogative royall and supremacy , & the perogative , doth explaine his supremacy in things civill , as shall be showne more fully hereafter .

But to come to the particulars , first There was no ground for condemning that convention of Estates 1643. notwithstanding that the Kings consent was not had therto . 1. Because , in poynt of conscience , the Estates of the land being essentially judges , are bound , when the publict affaires of the Kingdom do require to conveen & consult thereanent when Religion , lawes , & liberties are in hazard , & when the necessitie is such as will admit of no delay : pure legall formalities of state must be dispensed with , when they cannot be gotten followed ; as in this case , it was clear : The true protestant religion , his Maj. honour & the peace of the Kingdomes , were in hazard by papists , & their adherents in armes in England & Irland . The King refuised to call a Parliament , at that time , though he was oftin requeested , there unto . In this case what could the states of the Land do ( who were bound by the lawes of God of nature & of nations to see to the preservation of the Kingdom , to their own interests , & to religion that should be dear●… to them , then any thing●… else , & were bound by the law of God to judge & governe 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 tediousnesse let Buchanans 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 viceroyes : as that which did choose Notatus the brother , & not Ruther the son of Dornadilla the 4. King : & that which did choise Even brother to Durstus , & not Durstus his sonne : & 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 Kingdome sheweth 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. Seing the very next Parliament which conveened Anno 1644. by vertue of the last act of the Parliament Anno 1641. at which the King himself was present , did ratisie & approve that convention upon these grounds , as their 5. act beareth [ Considering that the Lords of his Maj. privy councell 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 meanes by supplications , remonstrances , and sending of commissioners , for secureing the peace of this Kingdome 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 kingdomes ; and their humble and dutifull endeavours for so good ends having proven so ineffectuall , & their offer of mediation and intercession being refuised by his Maj. And thereby finding the weight and difficulty of affaires , and the charge lying on them to be greater then they could bear : did therefore in the Moneth of May 1643. meet to gether with the commissioners for common burdens ? that by ioynt 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 kingdomes , by the multitude of Papists , and their adherents , in armes in England and Irland ; and of many other important and publike affaires which could not admit delay , and did require the advice of the representative body of the kingdome , appoynted 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 annull their constitution for a Parliament may be a Parliament legally conveened , though it should astablish iniquitie 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 anulled 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 lawes 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 downe here whereupon to declare this Parliament null . But 2. These Parliaments were all legally conveened & called ; for the King called the Parliament 1639 , & sent the Earle of Traquare , as his commissioner thither , which was adjourned to Anno 1640. then after some time , it was adjourned to Anno 1641. & at this Session of Parliament , the King himself was present , & so owned them as a lawfull 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 appoynted 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 Iun 1644. & this Parliament is continued till Ian. 1645. thence till March , thence till Iuly 1645. & from thence it is adjourned to November 1646. & then till March 1647. & at the close of this last Session of Parliament conforme to the forsaid Act 1640. They appoynted the next meeting of Parliament to be Anno 1648. This Parliament adjourned to March 1650. but with all , they give power to their committy 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 discernable . 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 annull 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 lesse , to every Session of a Parliament . 3. There have been many Parliaments holden in Scotland , without either king or Commissioner as in the dayes of King Iames 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 Edenburgh by the three Estates without either King or Queen & an Act thereof ratified first Parliament King Iames 6. Act 2. So Anno 1567. the Parliament is keeped by the Regent & the three Estates , without the Queen who then did Reigne as the Acts of Parliament 1581. King Iames 6. shew ; for there these words are to be found in the first Act thereof [ And especially the Act made in the Reigne of the Queen his dearest mother in the Parliament holden at Edinburgh the 19 of April , Anno 1567. 〈◊〉 Wherby it is aboundantly clear that she was then governing when this Parl. did sit ; & yet the Parliament was keeped without her , as the Acts shew . So in the dayes of Queen Mary the Acts of Parl. run in the name of the Lord Governour & three Estates of Parl. & this Governour was not representing the Queen as her Commissioner ; because when she was present , as Act 1. Parl. 2. of Queen Mary both she & the Governour are mentioned thus . [ The which day the Queen's grace with advice of the Lord Governour & three Estates of Par. ] & moreover it is not usuall to have any Acts running in the name of a Commissioner ; For where a Commissioner is present the King is supposed to be present , & therefore to this day , all the Acts of Parl. made were a commissioner is present ( except such as are wholly concerning the King himself . ) Run in the name of our soveraigne Lord with advice & consent of his Estates of Parl. but where neither King nor Commissioner is present , then the Acts run thus , The Estates of Parl. enact ; &c. So that this Stilus curiae being punctually observed to this day ; 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 annull the parl. 1648. among the rest ; seing the Acts of that parl. were more homogenious with their own Acts , then the Acts of the rest : For the Acts of , & designe carryed on by , that parl. were no such injurious violation of his Maj. power & authority ; nor were they Acts of rebellion as they suppose the Acts of the other parl. to have been : So that the ground upon which they rescinde the rest of these Parl. will not warrand them to rescinde this ; & so it is not upon the ground of their Acts that they rescinde these parl. Because then they would not have rescinded this parl. 1648. What grounds then they will seek out next , who can tell ? For all the grounds which they have hitherto to given , whether from their Acts & deeds 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 Iun. 10. declare and testify their resolution and obligation to acknowledge that Parliamentre have been a free and lawfull Parliament , likeas they did oblige themselves , upon their honours and credit , and as they desired to be , & to be holden true lovers of their countrey , and of the religion lawes & libert●…es thereof efauldly & faithfully to the uttermost of their power to joyn and concurre with their persones and estates , every one according to their severall stations and callings , in the maintenance of the freedome and lawfulnesse of that Parliament , and they ordained that that Act should be subscribed by all the members of Parliament present and absent , and by all noblemen , Barons , and all other subjects inhabitants of the Kingdome in their thires and brughs . 5. It is yet more strange that this Parliament had so far forgot it self as to reckon up the Parliament , 1648. among the rest in the Act rescissory , when in their 9. Act , they had acknowledged it to have been a Parliament , for there when they are approveing the Engadgment , the all & onely bussinesse which that Parliament 1648. was carrying on , they stile them the estates of Parliament of this kingdome which is a title agrying to none but to lawfull Parliaments . Thus it is clear that there is no ground warranding a consent unto these Acts rescissory , but good ground to scruple at that oath , the taking whereof would have imported a consenting unto the annuling of these Parliaments : considering 6. How King Charles the first , in the large treaty , in his answer to the first demand , sayeth that at the humble desire of his subjects he did call & conveen a Parliament to beholden at Edinburgh , Iun. 2. 1640. so that this Parliament was lawfully convocated & acknowledged to have been so by King Charles the first himself .

Thirdly nor is there ground for assenting & consenting unto the anulling of those Acts done and concluded in these Parliaments for 1. They are Acts made by Parliaments lawfully conveened 2. They are Acts not repugnant to the word of God ; but Acts made , for the carrying on & advanceing of the work of reformation ( except those made by the Parliament 1648 ) which every one according to his place & power is sworne to maintaine & promove , & this the very vieuing of them will evince , how ever that whole work be now branded as rebellion & sedition : So that none could swear that oath as now tendered , & by Acts explained , but withall he must condemne the whole work of reformation , & all Acts made for establishing of the same , in doctrine worshipe , discipline & governement 3. did not King Charles 1 in the large treaty give this answere unto the first demand . That for as much as the King's Maj. at the humble desire of his subjects did call and conveen a Parliament to be holden at Edenbrugh Iun. 2. 1640. wherein certaine Acts were made , which Acts , his Maj. for the peace and good of this kingdome , is pleased to publish in his own name , with consent of the Estates , and therefore commands that the said Acts bearing date ●…un . 27. 1640. be published with the Acts to be made in the next session of the same Parliament , and that all the saids Acts , as well of the precedent as of the next Session to be holden , have in all time coming the strength of lawes , and to be universally received and obeyed by all the subjects of the kingdome of Scotland . His Maj. doth in the word of a king promise the publishing of the saids acts , in such sort as is above specified ? And more over at that next Session of Parliament , Anno 1641. when himself was present all those Acts were approved & ratifyed fully : & did not King Charles 2 , before & at his coronation , ratify & approve the Covenant , & all Acts made in order to the carrying on of the ends of the Covenant ? So that now they are full & compleat lawes , wanting nothing , even of formality , which can be desired , seing he hath ratified & approved them all . 5. Are there not many of these Acts made by those Parliaments very much for the glory of God , & the good of the countrey ? did not themselves see this , when , for shames cause they were forced to make some Acts of the same nature , for curbing of vice , since they would not be said to renew them ; so that it were hard to put Christians to condemne those Acts , & laudable lawes 6. Is it not strange how they could condemne & make null & void all the Acts done by the committees & Parliaments after 1648. seing by this meanes they shall condemne all the applications which were made unto his Maj. while he was in Holland , & also they shall condemne the Kingdomes receiving of him , yea & their crowning of him , both as null & as done by a Non-Parliament ? And thus they will have the King no crowned King of Scotland ; & how deep this may draw let lawyers judge . It was never yet heard of that a King was crowned in Scotland but by a lawfull Parliament whose deed was valide ; & if this deed of that Parliament was not valid let wise men conjecture what the consequences will be . It is true they except in their Act 9. All such Acts as were passed in any meeting of Parliament or committee of Estates authorized by his Maj. presence . But his Maj. presence will not make every company of men a Parliament ; yea his being present with them at any of their Sessions sayeth he owned them as a lawfull Parliament . 2. How ever , all these Acts which concerne himself ( seing he was not present at their making ) are null . 3. How comet●… it to passe that the Kings presence Anno 1641. did not availe to keep that session of Parliament from a stroke with the rest ? And furder it appeareth that they annull the Parliament 1650 , & 1651. altogether , because if that had been a Parliament it had been the first Parliament of King Charles . 2 ; & so the Parliament 1661. had been his second Parliament : But the Parliament 1661. is called his first Parliament , & therefore there was never a lawfull Parliament before , in his reigne , & thus by their principles he hath never been crowned in Scotland as yet : What a Premunire they fall into here , let lawyers judge ?

Fourthly There was as little reason to condemne these meetings counsels & conventions of the subjects at the begining of the late work : Because those meetings were necessary for the defence of Religion , against the bloody Prelates , who were seeking the overthrow & destruction of all . 2. Nor is there any Act condemning such , which can with any colour be allaiged , except the Act of that Parliament 1584. wherein things were carryed on by a strong faction in great haste , for they had five Sessions in three dayes ; & with great secrecy , for the Lords of the articles were sworne to secrecy ; & the doores●… were keeped closse all the time of Parliament . See laborious Mr Petree his History pag. 442 ; and the Act of this Parliament did mainely strick against the assemblies of the Church for that was the thing designed . 3. What ever can be made out of this Act against civill meetings , it will not stricke against those meetings , because the Parliament 1640 , in their Act 29. hath showne the true meaning thereof to be otherwise , saying . It cannot be extended , against any councells conventions , assemblies , committees , or meetings , made holden & keeped by the subjects , for mantenance , and preservation of the kings Maj. Religion , lawes , and liberties of the kingdome or for the publick good either of Church or state & this Act was approved by the large treaty , & againe by the next Session of Parl. An. 1641. where the King himself was present . 4. The secret councell which then was , did approve of these conventions or tables ( as they were called ) so did his Maj. commissioner thereafter . So then these meetings might be warrantably keeped , for God's glory , & the removeing of the just grievances of the subject being no wayes prohibited by the municipall lawes , which onely disallow such conventions as are for disturbance of the peace , or usurpation against authority neither of which can be allaiged here ; for no invasion , violence , offer of wrong by word , or deed , to any person , no not even to these against whom they had justly complained , followed thereupon : And those meetings were onely to consult upon the most fit & humble way of supplicating his Maj. & for the most convenient propositions to be presented to his Maj. to the Parliament , & to the assembly ; all which are most compatible with the loyalty , & duty of good subjects & do no wayes encroach upon authority , seing they assumed not any judiciall determination , in any matter of state civill or ecclesiasticall , but by voluntary instructions , and opinions every one to another in a common cause of religion , did resolve what might be most conduceable to their lawfull and just ends . To use the words of the protestation , Decemb. 18. 1638.

Fiftly Nor is there just warrand & ground upon this account , to annull the League & Covenant . Because 1. It was against no municipall law ; for as to that 12 Act of the Parl. 10 of King Iam. 6. Anno 1585. it is so explained by the 29 Act of Parl. 1640. as that it cannot be extended to any bands & leagues , made for the preservation of the Kings Maj. Religion , lawes , & liberties of the Kingdome or for the publick good either of Church or state , and this may be furder cleared by vieuing the 43 Act of Queen Mary , which the forecited Act of King Iames 6. relateth unto , & ratifieth ; for that Act is to be understood of particular leagues or bonds of man-rent ( as they called it ) or maintenance respectivè , & that by privat persones in brugh & land , & therefore cannot be understood of leagues or bonds , made by the body of the land , in their representatives in Parliament ; which hath so much power in making of leagues , that without their consent the King cannot make a league , as is clear by a league which King Robert 2. consented unto betwixt Scotland , France & England , which was annulled because it wanted the Parliaments consent ; for sayeth Buch in the end of his 9 book neque enim ipse pacem vel inductas facere poterat nisi ex sententiâ publici conventus , nec firmas pollice●… sine publico decreto . He could neither make nor promise truce or peace without the Parliaments consent , & in the Parliament , 10. King Iam. 6. Anno 1585. among the unprinted Acts there is one containing the assent of the Parliament , for concludeing of a league with the Queen of England . 2. The Parliaments of Scotland have made leagues with forraigne Princes without the Kings consent , as that Parliament which deposed the Queen Mother from her regency , did enter in a league with the Queen of England . 3. All leagues & bondes made by the Parliament were ratified by this King , by his solemne oath , both before & at his coronation ; and therefore none in conscience could condemne these bonds , or take an oath importing the same . What is more allaidged against the league & covenant shall be fully examined hereafter , Sect. 2●… .

Sextly Nor was there just cause , upon this account , to condemne Scotland for aideing & assisting of England in their straite & extreame danger . Because . 1. It is a most ordinary thing for one nation to send help & relief unto another : thus the french & the Englishes helped the Hollanders . The king of Britaine offered to helpe the Rotchell , & the Palatinat . 2. It was against a common enemy , a popish prelaticall & malignant faction , seeking the ruine of religion , lawes & liberties in Scotland as well as in Engl. By the light of nature , a common fear uniteth even these who are furthest divided ; & so while Scotland fought for England they fought for themselves , & their own saiftie , & what ever law will warrand nations , now to joyn together against the Turk will warrand Scotland their joyning with England against the common enemy : Yea nature hath taught heathens to prevent their own ruine & destruction by joyneing their forces with other nieghbours against one who designed nothing but the promoteing of his Empire . Thus the Romans warred against Philip left Greece being subdued , he should make warre against them . Thus the Lacedamoniam warred against the Oly●…hii & diverse other instances might be given . 3. Scotland & England used to joyne together before , & to enter in a league with other princes , for the defence of the protestant religion as Anno 1586. & againe 1587. & 1588. they draw up a league among themselves . But it will be replyed that this was with the consent of the supreme Magistrat . Ans. True , but the want of this consent will not make such aideing and supplying unlawfull , so long as the law of nature is to the fore , obligeing every man to defend his neighbour : and are not Scotland & England near nieghbours , being in one Island , & under one King : Neither did they waite for the consent of Scotlands supreme Magistrat when they helped them first against the French & next against a faction of papists within their own bosome : and therefore Scotland should not now waite for the consent of England's King , when they were to help them against a popish and prelaticall faction . Nor needed Scotland waite for the consent of their own supreme Magistrat , because as the law of nature doth oblige every one to defend himself by force of armes , against an army of bloody enemies , though the King should not consent ( as shall be showne hereafter ) so the law of nature will warrand any to defend their brother , though the King should not consent especially seing therby they are but defending themselves , against such an enemy as would next fall on them . 4. The law of God will warrand 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 nationall Covenant Anno 1638. & 1639. Because . 1. There is no absolute necessitie for asking & obtaineing the Kings consent , to the same ; as if a Kingdom once sworne & 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. expresse consent & approbation , either to the first making , or to the renewing of the same with God ( as shall be more fully showne hereafter . ) There is no law of God for this . 2. Nor is there any municipall law inhibiteing the renewing of that covenant : Yea that warrand by which all the land took it at the first , viz the King 's & his councell's command to Ministers , to put their parishoners to take it , & severall acts of Generall Assemblies , stand still in force : & accordingly in each universitie , the Covenant was renewed yearly . 3. Moreover the Generall Assembly Anno 1639. enjoyned by ecclesiastical authority the subscription of the same ; & the Assembly presented a supplication unto the privie Councell desireing their ordinance for the subscription of the same , by all the subjects of the Kingdome , & this was granted Agust . 30. & Anno 1640. the parliament by their act 5. did ratifie the act of the Generall Assembly , their supplication , & the act of Councill thereupon ; which act of Parliament was approved by the King in the large treaty , & thereafter by his personall presence at the next session of Parliament , where all was ratified . So that this deed of renewing the Nationall Covenant wanted nothing , either in poynt of law or conscience to make it lawfull & therefore it had been unlawfull 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 speciall approbation . 1. Because there is no warrand 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 ecclesiasticke part of the oath is spoken to which shall be done Sect. 12.

SECTION . XI .

The former purpose further prosecuted & the lawfulness of Scotlands defensive warre 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 civill part : viz Scotland their riseing in armes in their owne defence against the King's armies of papists & malignants & their seizing on the castles , which within their owne bosome were threatening their ruine when garisoned with adversaries . These must now be spoken to , and so ,

Ninthly , There is no ground to condemne that defensive warre . Though much hath been said by court parasites , & others ; who were ambitious of gaine & preferment , to exaggerat & aggraige that supposed crime , & thereby to make them & their cause , odious to all the World ; yet rationall & indifferent persones will after serious pondering of a few particulars , forbear to passe any rash sentence . Much hath been already said in the defence of that bussinesse , by the author of Lex Rex , & more then ever could or will be answered . And therefore that book behoved to be answered by a fiery fagot : & by Mr Prins soveraigne power of Parliaments , &c. 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 warre resideth only in the King , & that he only beareth the sword : For 1. Rom. 13. The sword is given to all Magistrats ; for the Apostle there speaketh of heigher powers indefinitely , in the plurall number , without specifying any kinde ; & it is certaine 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 Inferiour Magistrats , 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 inferiour Magistrats , 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 sheweth who these are , 1 Peter 2 : v. 13 , 14. even Governours under the King , as well as the King himselfe . He speaketh of such as are God's Ministers which is a generall word , comprehending all civill Governours . He speaketh of all such , to whom tribute , custome , honour , or fear is due ; & so he must take in all Magistrats , otherwise this text should not concerne commonwealths , which are ruled without a King . He speaketh of such as are revengers by office to execute wrath on them that do evill , & thus are a terrour to evill doers , and a praise to such as do well : And this agreth to all Magistrats , & therefore this place cannot be understood as speaking of any single person , or of Nero concerning whom it is a great question among lawyers , if , at this time , he had the heighest soveraigne power in the Roman State , as learned Prin sheweth in his soveraigne power of Parliaments , &c. part. 3. pag , 109 , 110 , 111 , & 112. 2. Inferiour judges do judge for the Lord & are deputed of him , & therefore they are endued with power from him , for that effect , 2 Chron. 19 : v. 6 , 7. Deut. 1 : 17. 3. Inferiour judges are commanded to rule well , & they are threatened & rebuked for mal-administration : See Ier. 5 : v. 1. Isa. 1 : 17 , 21 , & 5 : 7. & 10 : 2 , & 59 : v. 14. Ier. 22 : 3. Ezek 18 : 8. Amos 5 : 7. Micah 3 : 9. Levit. 19 : v. 15. Deut. 17 : 11. Exod. 32 : 2. Now would God command those inferiour Magistrats , to relieve the oppressed , to judge the fatherlesse , to plead for the widow if they had not the power of the sword , for this effect , or would he challenge them , for neglecting this duty , if they had not been impowered by him , for that effect ? doubtlesse not . So then if inferiour Magistrats be endued with power of the sword , they ought to defend the fatherlesse , the widow , & the oppressed subjects , by the help of the sword , they ought to rescue them from the hands of their oppressours : And therefore when Popish malignant enemies rise up in armes , & seek to destroy the Land , Man , Wife , & Childe , the inferiour Magistrats , much more the Parliament , may lawfully draw the sword , which God had given them , for the relief of the innocent , & defence of the countrey , of their lives , lands , goods Religion , & all that is dear to them , against malicious & open enemies .

2. Buchanan , a man well acquainted with the lawes & constitutions of Scotland in his Book , De Iure Regni apud Scotos , sayeth that the Kings of Scotland had no power of peace or warre without the Parliaments consent . So that a warre raised by the Parliament , against the common enemy , in defence of the Kings honour , the saifty of the people , & the purity of Religion , cannot be condemned , as unjust & illegall .

3. The renowned Historian Buchanan sheweth also that the Kings of Scotland have been oftintimes resisted by armes , which a few instances will evidence , when Durstus the 11. King banished all his Fathers Friends , & became loose & dissolute , he was pursued by the Nobles , till he was forced to professe his repentance , & promise amendement & afterward when he had cut off many of his Nobles by treachery , the rest did rise up in arme against him , & kill him in battel . So they rose in armes against Gillo for his wickednesse , & against Even 3. who was a most vi●… & wicked man : So with one consent they arose against Dar●…an , & slew his wicked servants who had been instruments of much evill : They routed his forces & tooke himself prisoner . When Mogaldus grew odious by reason of his vices , they rose up in armes against him . So did they levy forces against Athirco : when Romach had become cruell and had put many to death , they rose in armes against him : when Ferquard 1. turned tyrant , he was summoned before a Parliament , & when he refuised to come , they levied forces against him , & pursued him , they stormed his castle , in which he thought to shelter himself & at length he was taken prisoner . So did they purpose to rise in armes against Ferquhard 2. If they had not been diverted . Likewise when King Iames the 3. had been seduced by his evill courteours , & had plotted the murther of the nobles , they raised an army against him , & at length killed him . So did the nobles take up armes against Bothwell & the Queen & pursued her untill she rendered herself prisoner . The nobles wrote unto the queen regent , Anno 1560. for removing of the french forces & did adde ( as Buchan . sayeth Lib. 17 ) Which tearmes if they be rejected we take God & men to witnesse , that we take armes from no innate malice , or hatred ; but sore against our wills are forced to assay the last remedy , least we should expose our selves , our fortunes , and our posterity , to the worste of colamities Hence it is clear that it was the common practice of the Parliaments of Scotland ( and lex currit cum praxi ) to rise in armes against their Kings , when they turned tyrants : And therefore , the Parliament their late taking up of armes in their own sinlesse self defence , can no wayes be condemned ; let court sycophants speak what they please , to make that bussinesse odious , they both bewray their malice & ignorance of the fundamental constitution of that kingdome .

4. Though , for all that is said , the Parliaments interest in warre should be questioned ; yet their late defensive warre may be justified upon clear & undenyable grounds , for there is no such connexion betwixt these two , but they are rather two distinct questions , naturall sinlesse , self defence , may belong to such , as have not propperly in stricke law , the power of warre .

5. The practice of other protestant princes & Magistrats sheweth that their practice was not so odde nor odious , as men ( who have taught their tongues to speak lies ) would make the world beleeve it was ; for Sleidan lib. 8. & 21. & 22. & Bilson out of him , in his difference , &c. part. 3. pag. 274. sayeth that the German princes levied warre against the Emperour ; viz. the Duke of Saxon the Landgrave of Hesse , & the Magistrats of Magdeburgh together with other Princes & cities , joyning in the warre who having had the advice & resolution of lawyers after mature deliberation did conclude . That the lawes of the empire , permitted resistence of the Emperour in some cases : That the times were then so dangerous that the very force of conscience , & necessity did lead them to armes & to make a league to defend themselves , though Caesar or any in his name , would make warr against them . and That if the Emporour had keeped his bonds & covenants ; they would have done their dutyes , but because he made the first breach the fault was his ; For since he attempteth , to root out religion , & subvert our liberties , he giveth us cause enough to resist him with a good conscience : The matter standing as it doth , we may ( say they ) resist , as may be shewed both by sacred & prophane histories . Vnjust violence is not Gods ordinance : Nether are we bound to him by any other reason , then if he keep the conditions on which he was created emperour . By the lawes themselves it is provided that the superiour Magistrat , shall not infringe the right of the inferiour , and if the supriour Magistrat , exceed the limits of his power , and command that which is wicked , not onely we need not obey him ; but if he offer force , we may resist him . Upon these grounds did those worthies resolve to defend themselves by armes . 2. Next they have the exemple & precedent of the protestants in France , who in the reigne of Francis 2. Anno 1559. being oppressed with the Guisian faction assembled themselves , & consulted lawyers & divines concerning resisting of the king in that case , & it was resolved That they might lawfully oppose themselves against the governement which the house of Guise had usurped , & when needfull , take armes to repulse their violence : If the princes , who in this case are borne magistrats , or some one of them would undertake it , being ordered by the states of the realme , or by the sounder part thereof . See Gen. history of France pag. 682. 683. So Anno 1614. The prince of Condee with other princes , Peers , dukes , noblemen ; & officers of the crown conveening at Meziers , wrote to the Queen , compleaning of diverse grievances , & wrongs , & sought remedy & redresse , by the assembly of the three estates , protesting that they desired nothing but peace and the good of the realme , & that they would attempte nothing to the contrary , unlesse by the rash resolution of their enemies ( who covered themselves with the cloak of state , under the Queen regents authority ) they should be provoked to repell the injuries done unto the King & state , by a naturall , just , and necessary defence : see the continuation of the life of Lewis the 13. pag. 59. &c. So in the reigne of Charles 9 when all Acts of pacification were broken ; after many fruitlesse petitions , and vaine promises , they take up armes , whereupon a bloody civill warre ensued : & when this King contrary to his oath , An. 1572. caused that massacre at Paris , the protestants in Languedoc Rochel & other parts , took up armes in their own defence . So when Henry the 3 came to the crown , the protestants saw a necessity of standing to their defence , & being assaulted , they manfully defended themselves : & againe , when the peace which was now concluded was broken by the instigation of the Catholick Leaguers ; The King of Navarre , the Prince of Condee , the Marshall of Montmorancy & others , resolved to defend themselves whereupon followed a sixt civill warre which ended in a new peace , Anno 1580. So in the reigne of Lewis his son when the Queen mother who was then regent , would give no redresse unto the protestants just grievances , The prince of Condee & divers others raised forces in their owne defence , & the duke of Rhoan & other protestants did joyne with them : A peace was concluded Anno 1616. but the very next year the prince of Condee is seized upon , whereupon the princes meeting at Soyssons resolved to defend themselves by warre which continued Anno 1621 , 1622. at last a peace was concluded but it lasted not long by cardinal Richelien's meanes . 3. They have in the third place the practice of the Netherlands ( mentioned in the Generall history of the Netherlands , Lib. 9 p. 369 , &c. ) who , being oppressed in bodies , & states , by the duk of Alva , & the Spanyards tyranny , & their consciences tyrannized over , by the spanish inquisition , introduced of purpose to extirpat religion , after serious deliberation , & consultation with lawyers , divines , & learned men of all sorts , did unanimously conclude to enter into a solemne covenant to defend religion , lives , & liberties , by force of armes : and , Anno 1572. the Prince of Orange & his confederats published a protestation shewing the grounds of their riseing up in armes viz. [ for zeal to the countrey , for the glory of God , because of the inhumanities , and oppressions , and more then barbarous and insupportable tyranny , and incroachments upon their privileges , liberties , and freed●…mes . ] 4. They have the practice of the Waldenses in Piemont , Anno 1558 , & 1561. who being persecuted by the Lords of Trinity , & other Popish soveraignes , assembled solemnely together to consult how they might prevent danger , & after long prayer & calling upon God , they concluded to enter into a solemne mutuall Covenant for defence of themselves & their Religion , & did so with successe obtaining many notable victories against their persecutors , See Fox Acts & Mon. Vol. 2. pag. 208 , 209. So Anno 1571. Nov. 11. There is a league made for mutuall assistance of each other in times of persecution , a copy whereof is to be seen in Mr Morland's History of Piemond , pag. 252 , 253. 5. They have the practice of the people of Arragon ( mentioned by Blanca in his Comment. pag. 661 , & 652. An. 1286. in the dayes of Alphonso 3. who when there fell out a contest betwixt him & the Parliament , through the evill counsell of his courteours , resolved to associat themselves together & to raise forces , it being lawfull , for the common cause of liberty to contend not only with words , but with armes , and their suprarbiense forum or Iustitia Aragoniae , which was erected of purpose to with stand the tyranny of Kings , had power to resist their King with force of armes : So Anno 1283. they tell Pedro 3. their King , that if he would not containe himself within the Limites of the lawes they would pursue him by armes . 6. They have the practice of other Spainyards , as may be seen in the generall History of Spaine , lib. 13 , 14 , 15. who rose in armes severall times against Pedro the I. King of Castile . 7. They have the practice of the Hungarians , Anno. 1608. in the dayes of Mathias for when he denyed free exercise of Religion unto the Protestants of Austria , they took up armes in their own defence & assembling at Horne sent a protestation unto the Estates of Hungary requireing assistance conforme to the offensive & defensive League : See Grimstons Imp. Hist. pag. 730. &c. 8. They have the practice of the Polonians who oftintimes levied warre against their Kings as Grimstone in his Hist. Imp. & Chytraeus in Chron. Sax. shew . 9. They have the practice of the Danes riseing in armes against Christierne the 2. who Anno 1524. was solemnely deposed as may be seen in Chytraeus Chron. Sax. lib. 10. 10. They have the practice of the Sweds , riseing up in armes against Christierne the I. for breach of his Covenant made at his coronation , this was about the year 1499. See Chythraeus ubi supra . 11. They have the practice of the Helvetians : first three of their Cantons viz. The Suitians , Vrjaus , & Vndervaldians , Anno 1260. levied warre against their oppressing Nobles , & did prosecute the same twelve years : & Anno 1308. They joyne in Covenant to defend themselves , against the House of Austria , & defended themselves most resolutely , against the hudge armies of their adversaries , & upon the 16 of Nov. 1315. obtained a great victory , & that same year they renewed their Covenant at Brunna ; in which Covenant , the other Ten Cantons , at severall times thereafter ; being oppressed by their Nobles , did joyne , & at length , by warre brought themselves into that state of liberty , in which they are at this day : See for all this Simlerus de Repub. Helvet . 12. And lastly they have the practice of the Bohemians who in the Dayes of Wenceslaus , & Sigismond waged great warres under the conduct of valiant Zizca . See Fox's acts & monuments Vol. 1. And thereafter in the dayes of Ferdinand they resolved to fight couragiously against all their enemies how great so ever they were . But in case , some should be so bold , as to condemne all those Acts , as treacherous & rebellious , let it be considered .

6. That some of those same practices are allowed and approved even by the Kings of Britaine , for King Iames in his answer to cardinall perron justifyeth the protestants of France their taking up armes in their own defence . Memorable is that speach which King Iames had in the Parliament house , Anno 1609. a King ( sayeth he ) governing in a setled Kingdome ●…easeth to be a King & degenerateth into a tyrant , so soon as he leaveth to rule by his lawes , much more when he begineth to invade his subjects persones , rights , & liberties , to set up an arbitrary power , impose unlawfull taxes , raise forces , & make warre upon his subjects , whom he should protect & rule in peace ; to pillage , plunder , waste , & spoile his Kingdom ; Imprison , murder & destroy his people , in a hostile manner , to cap●…vat them to h●…e pleasure . This is a sentence well worthy to come out of a Kings mouth , & to be●…ingraven upon the thrones of Kings & princes : and doth more then abundantly justify Scotland , in their late defensive warre . Moreover Queen Elizabeth , & King Iames both , by the publick advice & consent of their realmes , did give publick aid & assistance unto the protestants of France against their King , & to the Netherlands against the king of Spaine , and to the protestants in Germany & Bohemia against the Emperour , & entered into solemne leagues & covenants with them : if they had been traitours , & rebells , & that action of defence , utterly unlawfull , would those princes have joyned with them in this manner ? who can think this ? So did King Charles the first openly avow to aide the protestants in France at Ree & Rotchell , against their King , who was come in armes against them : & the Germane Princes against the Emperour : & the Netherlands against the King of Spaine ; And entered into a solemne league with them , for that end . All which do aboundantly justify the Scottish defensive warres , & free Scotland from the aspersion of disloyalty & rebellion . But moreover ,

7. It is to be considered , That King Charles I. himself hath fully freed them of all these aspersions in his publick Acts in his Parliaments declareing , [ The Scots late taking up armes against him , & his Consellours , in defence of their religion lawes , & privileges , to be no treason nor rebellion , & them to be his true & loyall subjects , ( notwithstanding of all aspersions cast upon them , by the Prelaticall & Popish party ) because they had no evill nor disloyall intentions at all against his Maj. person , crown , & dignity , but only a care of their own preservation , & the redresse of these eno●…mities , pressures , & grievances in Church & state which threatened desolation to both . ] See the acts of oblivion & pacification . Here is enough to stope the mouthes of all Calumniators & to vindicate them , & to cleare the innocency of their cause before all the Wo●…d . And furder 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 clearnesse of truth , to assert such things , & grant such particulars , as will by clear & undenyable consequence justify their taking up of armes & resisting the armies of their King , when they came against then to destroy Religion , Lives , Lawes , & Liberties . ( Beside that all of them are forced to speak most in consequently unto their own principles , & by their concessions do overthrow their own grounds , & arguments as might easily be made to appear if to discourse at length of this subject were designed now . ) As 1. Iohn Barclay , Lib. 4. Cap. 16. he sayeth expresly , That if a King will alionate and subjecte his Kingdom to another , without his subjects their consent , or be carryed with a hostile minde to the destruction of all his people , his Kingdom is actually lost , and the people may not only lawfully resist and disobey ; but also depose him . ) This is more then the Scots could desire for they plead not for deposeing or dethroning of kings , but only for resisting & withstanding them , when they carry a hostile minde against them ( whereof a strong army of strangers , marching with armes to their borders , after they were ( contrary to all law ) declared rebels , is as evident a demonstration as can be ) & are seeking the ruine & destruction of their own subjects . They plead only . That in that case the people may , & are bound before God , to defend themselves , when their religion ( which ought to be dearer to them , then any thing else ) is sought to be taken away , or altered , & service books , or masse books , & the like , tyrannically obtruded upon them . So Contra Monarch . lib. 3. c. 8. He granteth that [ the people have right to defend themselves against great cruelty ] & what greater cruelty could be expected by a nation from their King then to be blocked up by sea & land , threatened with utter ruine & exti●…pation , unlesse they would sell soull & conscience & all ; doth not this speak abundantly for the justifying of them ? 2. D. Fern. Part. 3. s. 5. acknowledgeth [ that personall defence is lawfull against the suddaine & illegall assaules , of the Kings messingers , or of himself , in so far as to ward off his blowes , to held his hands ; and when the assault is inovitable . ] Now if resistence be lawfull against suddaine assaults , much more against premediated , deliberated & advised assaults ; If resistence of illegall assaults be lawfull , then they cannot be condemned , because the assaults of the King's forces were against all law & reason , for there is no law warranding the King , or any other , having a commission from him , to force popery upon them , by armes : If resistence be lawfull against inevitable assaults , then they are justified ; for how could they resist the assault of so many thousand armed men ; but with armed men ? Yea when he alloweth in such a case that hands may be laid upon the prince , he more then justifieth them , who never did intend harme to his Maj. person , & honour ; but wished & sought the saifty & preservation thereof , by all meanes . And againe when he would answere the argument taken from Elisha's resisting of the King , he granteth [ that itis lawfull to resist the Kings cutthroats ] and what did Scotland more then resist his bloody emissaries ? Moreover he alloweth [ to privat persones liberty to deny subsidies and tribute to the prince when he imployeth 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 armes & force then to it ? This is but resistence , & the other is resistence . Majus & minus non variant speciem yea it is a question if it be lawfull to deny to the King any of his tribute though it be clear enough that it is lawfull for a nation to defend themselves against the King's unjust & illegall commissions . The same Doct. in conscience satified Sect. 5. confesseth that Salus Popul●… est suprem●… Lex and if so , some meanes must needs be allowed unto the people , to preserve their own saiftie , when it is in hazard ; & to recover it when almost lost , by the invasion & tyranny of governours , 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 it self in such a case . 3. Iohn Bodin de republ . lib. 2. c. 5. granteth . [ That if a King turntyrant he may lawfully , at his subjects requ●…est be invaded , resisted ; condemned or slaine by a forraigne prince ] & proveth it at large from severall exemples . And if a forraigne 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 forraigne prince hath no more superiority nor right , over their prince for that effect , then 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 then 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 then may the body & representative of a land resist , when he cometh against them with fire & sword , which is the most extrajudiciall acting imaginable . So c. 16. n. 4. he granteth that [ limited princes may be resisted ] & such an one is , & alwayes 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 de Iure belli & pa●…is . lib. 1. c. 4. n. 1 , 2 , 3 , 4 , 5. denyeth that the warr of subjects against superiours is lawfull , & would prove it by the law of nature , the Mosaicall law , the Gospell , & by the practice of the primitive christians : and n. 〈◊〉 . denyeth this not only to private subjects but also to inferiour Magistrats : 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 binde when the danger is most weighty & certaine ] & doth prove it thus ; because the lawes of God in some cases admit the exception of extreme necessity , as the law of the sabbath : & further addeth , that this law about resistence hath its ●…ise , from their will who did first associat themselves in a society , & created governours over themselves ; for if they were asked whether they would acknowledg these conditions that they should die rather then resist , in any case , they would not grant it , unlesse in this case when resistence would wrong the common wealth , & occasion the killing of many innocents . He furder proveth it from that passage which was cited out of Barclaius . yea he dar not condemne any , no not the lesser part of the people who rise in armes , in extreme necessity , far lesse would he condemne the body of a land useing this last remedie in the extremity of hazard & danger , furder 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 furder 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 showne 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 Kingdome he loseth it : but furder 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 againe he sayeth , N. 13. If the king hath one part of the supremacy , & the senat another , then the king may be resisted when he incroacheth upon the senat , & that notwithstanding that it were granted , the King onely had power of war for that is to be understood onely of warre with forraigners . Thus he doth abundantly justify , the late defensive warre of Scotland , against their prince , who was incroaching upon the liberties of Parliament & people .

These particulars seriously pondered will do much to cleare their innocency unto the world , & to vindicat their cause and practice from the many foule calumnies & aspersions which the D●…gs of the generation did cast upon them , of purpose to foment the discord , betwixt the king & his faithfull & loyall subjects . And though by what is said , & conceded by their adversaries , the clearnesse & equity of their cause appeareth , both in poynt of law & conscience ; yet for furder clearing of the same , these few following particulars may have some weight .

1. There is great difference to be put , betwixt actuall disobeying of , rebelling against , & violently with force of armes resisting , the lawfull Magistrat , doing his duty , & commanding just things warranded by the lawes of God , & the land : And disobeying his unjust Acts , & resisting his violent , tyrannicall , 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 civill Magistrat 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 Magistrat is out of his function & calling ; for God giveth no command to do evill , nor to tyrannize . He is not God's vicegerent when he playeth the tyrant ; & therefore he may be resisted & opposed , without any violence done to the office or ordinance of God . As the King's messinger may be resisted & withstood when he crosseth his commission & warrand , without any wrong done to the office or to the King . Every disobedience in things sinfull is not a resisting of the ordinance of God . The office may be owned , & the person in the office honoured , & esteemed , as he ought , when yet his unjust violence may be resisted , & his sinfull commands disobeyed ; for it is onely powers that are ordained of God that must not be resisted , & tyrants , or Magistrats turning tyrants , and exerceing tyranny , cannot be called the ordinance of God ; though the office abstracted from the tyranny , be the ordinance of God : And there is no hazard of damnation , for refuseing to obey unjust lawes , but rather hazard of damnation , in willingly following after the command : And so there is no danger in resisting such Acts of tyranny ; for tyrants exerceing tyranny , are no terrour to evil doers : But on the contrary they are a terrour to good works , & therefore that place , Rom. 13. cannot be understood of tyrants . It is a true & a worthy saying of famous Mr Knox in his history of So●…land Lib. 2. pag. 141. There is a great difference betwixt the authority which is Gods ordinance & the persons of those , who are placed in authority . The authority & God's ordinance can never do wrong ; but the corrupt person placed in authority , may offend ; So that the King as king is one thing , & the king Acting tyranny is another thing . They plead not for rebelling against the office , or resisting that , which is God's ordinance . They did never intend to destroy Magistracy , or to lessen the Kings Maj. just power & lawfull authority , or to wrong the office in the least . And therefore all the arguments of their adversaries taken from Rom , 13. or the like places , which speak against withstanding & opposeing of the office , & divine appoyntment of God , are of no force , against them , & their cause . Tyranny is one thing , & the office of the King is another thing : And what arguments speak well against resisting the office , or the person duely , & legally dischargeing the duties belonging to that office , will not conclude against resisting of tyranny . So that all the arguments taken from Numb . 16. Exod. 22 : 28. Eccles. 10 : 20. & . 8 : 2 , 3 , 4 Prov. 17 : 26. And the like places , do not speak home to their case .

2. There is also a great difference betwixt riseing up in armes without any just lawfull ground , or for trissles , or matters of small moment , as for the exacting of some more tribute then is due by the law , or the like , & riseing up in armes in extreme necessity , when religion , lawes , lives , & liberties , & all that was dear to them as men , & as christians were in hazard , and this was their case , for the king came with an army upon them , & blocked them up both by sea & land , & thus , with forraigners , was seeking to subdue them , & so to overturne religion , lawes , liberties & all , was not this extream necessity ? What more imminent danger could be expected then an army of bloody papists bent to prosecute their bloody designes coming with fire & sword , encouraged by a commission from the king & so approaching their very borders ? Was there not then a necessity , an extreme & inevitable necessity , to rise up in armes , for the saiftie of religion , lawes , lives , & liberties , when all was thus in most imminent danger ? Should the Parliament & the whole body of the land give up unto the lust of these bloody irish , popish , prelaticall & malignant enemies , their own lives , & the lives of their wives & children , their liberties as men , & as christians ? Should they sell religion & the land , their soulls , & their consciences unto those men because ( for sooth ) they had a commission from the King ? there is no reason in the world for this . Therefore seing there is nothing more dear to people then their religion , their lives , & their liberties , a warre raised in the defence of these , cannot be accounted a warre raised upon trissles , or sedition , faction , or mutiny ; but a necessary defensive warre , not raised upon privat injuries & discontents , But upon matters of the greatest importance & necessity , viz to prevent the extirpation of religion , the subversion of lawes , & liberties , & the destruction of lives & all Cicero de officis lib. 2. can tell us that omnium societatum nulla est gratior mella carior quam ea quae cum republica est nui cuique nosirum ; cari sunt parentes , cariliberi , 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 betuixt a war raised of purpose to force the supreme Magistrat to be of the same religion with the subject , or else to dethrone him ; and a war raised to defend that religion , which both Magistrat & subject owneth . Betuixt a war raised in defence of that religion which hath never been established by the lawes of the land ; and a war raised in defence of that religion , which is publickly owned by the lawes of the land & which King & subject both , are sworne to maintaine , & which by the lawes , becometh a civill right & a part of the civill liberty of the subject . Whatever may by said against a war raised in the former case ; yet in this last case a war defensive is most warrantable , and this was the very case of Scotland ; for they were seeking to defend the religion , which was established by the lawes of the land , & which popish & prelaticall malignants , were seeking to overturn ; So that any argument , which adversaries can bring from the practice of the primitive christians , will conclude nothing against them ; because the true religion was not then established by law , the emperours had never consented therunto , but it was otherwise in Scotland as hath been abundantly shown Sect. 1. & 2.

4. There is also a difference betuixt a violent laying of hands upon the person of the King , of purpose to destroy , & cut him off , or to denude him of his just power & privilege , & that in cold blood too , by privat persons , for some personall injuries : This they abhore & ever have abhored : and betuixt a sinlesse self defence when unjustly assaulted by armies sent by the King , to destroy & cut them off . In pleading for a sinlesse self defence , they do not plead for an illegall taking away of the life of a King . Their raising of forces in their own sinlesse self defence cannot be condemned ; there being an actuall invasion made upon their lives & liberties which made their war to be [ tutela vitae proxima ] the last refuge for the life , & the only remedie that was left for the saifty of religion , & of all that was dear unto them . So then their case not being a prosecution of adesigne of some privat persons upon some privat injuries received , to destroy ' & cut off the King , or to denude him of his just power & privilege ; but a nationall defence of religion , lives , & liberties , against the Kings armies unjustly seeking to destroy & violently to overturne all ; None of the arguments of adversaries taken from . 1. Sam. 24 : 6 , 10. & 26 : 9 , 11 , 23. 2. Sam. 1 : 12 , 16. do conclude against them , or speake to their case .

5. There is also a great difference betwixt a warre contrived & carryed on , by privat persons when grievously oppressed : And a warre carryed on , by the body of a land in their representatives in Parliament , against a king . Suppose , the first could not well be defended ( which yet is not absolutely denyed ) yet this last is clear ; for a Parliament hath more power over a king then any privat person , or subject how great so ever , hath : judicious Calvin is clear for this in his institutions lib. 4. cap. 20 , n , 39. saying if there be inferiour Magistrats , such as the Ephori among the Lacedaemonians ; Tribuns among the Romans The demarchi ; among the Athenians , and as the Estates of Parliament in kingdomes now , if these connive at the king's oppressing of the people they become persidious because they betray the peoples liberty , which by God's appoyntment they are to protect . Thus Scotland is cleared , for their warre was carryed on by the body of the land in their representatives , by their Parliament , acting in its publick & parliamentary capacity : and so the arguments drawn by adversaries from the practice of the primitive Christians , speak nothing against the Parliament of Scotland Their levying warre against the king in their own defence , & in the defence of the liberties & lawes of the land .

6. There is a difference betwixt a warre raised by a Parliament of purpose to cut off the king , & to depose him from his throne & governement ( which hath been severall times practised by the Parliaments of Scotland , when their kings turned tyrants & vitious in their lives , as was showne above ) & their case , which was a case of pure defence , there being no intention to offer the least violence to his Maj. person , crowne or dignity : but only to defend religion , & the kingdome , against the popish & malignant , invading , plundering forces , which were sent forth to destroy all : for their armies advanced with petitions seeking redresses of wrongs with all humility , & shewing their willingnesse & readinesse to lay down armes so soon as they were secured in the peaceable enjoyment of the religion sworne to , & freed from the just fears of these bloody invading forces who were seeking the destruction of their lives & liberties . So then when their adversaries reason against riseing in armes against the King they speak not to the poynt ; none of these arguments come near to their case which was a case of naturall sinlesse self defence .

7. It would be considered that the warre did not begin upon the Parliaments side ; but they were forced & constrained to it : The King commanded all the English Nobility , with all their power & forces to meet him at York April 1639. that they might advance with him towards Scotland . The Scottish Noble Men who were at court , were also sent down towards Scotland to raise their friends , having some expert forraigne Officers with them : There were three thousand Men sent down with the navy , & six hundered Horsemen were sent down to the Borderes to make incursions , all which preparations of warre did clearly speak out his Maj. intention , & did necessitate them to bestir themselves in their own defence ; against those invaders , & to keep their own rights unviolated : And yet with all they had their supplications ready to presente , after the granting of which , viz. a quyet & peacable enjoyment of their Religion , Lives , Lawes , & Liberties , they resolved to lay down armes & accordingly did so ; for after the pacification , Iun. 18. 1639. their army was disbanded . Againe when the Parliament which was convocated by his Maj. command conforme to the pacification , was , contrary to the articles , & contrary to the liberties of the land , & privileges of the Parliament , prorogued ; the Castles of Edinburgh & Dumbritton , were fortified with men & ammunition ; Theis friends travelling to England & Irland were constrained to swear unlawfull oaths ; or to góe to prisons ; The sea was stopped ; & no liberty was granted to trassique , & so the land was blocked up ; The articles of pacification were broken ; Berwick and Carlile , were fortified ; The Commissioners who were sent from the Parliament to the King , were imprisoned , contrary to the law of Nations ; The Castle of Edinburgh was killing many , & threatening to destroy the whole city with their cannon ; their ships were intecepted by sea , & their merchands spoiled of their goods , sea men were taken prisoners & miserably handled : When matters went thus , were they not constrained to take up armes againe , & to advance towards England that they might seek peace , from his Maj. not being able to maintaine an army on the borders , after they had been so impoverished , through the long want of fine tradeing , and not to lay downe armes , untill their necessary and just desires were granted ? Now let any judge , whether they can be justly blamed for standing to their defence , being thus necessitated as they would not betray the Land , their Lawes , their Liberties , & their Religion , & so sell their soul & consciences & all into the hands of their malitious enemies ?

So then , when this shall be made the state of the question whether or not the Parliament , & body of the Kingdome of Scotland , may not lawfully take up armes ( having no purpose to wronge his Maj. person , or to spoile him of his just rights & privileges ) to defend themselves , Lands , Liberties & ( no lesse then ) their Religion after it had been setled by law : When the King ( in stead of granting their just & necessary desires viz. security , that they should be ruled by lawfull generall Assemblies , & other inferiour Church judicatories in Church matters , according to the ancient discipline of the Church : And by a free Parliament in civill matters , according to the foundamentall lawes of the Land ; And that they might be free from illegall courts & alteration in their Religion : & that the articles of agreement should be keeped & that granted which was promised under hand & seal ) is raising a strong army of forraigners , Irish , Popish , prelaticall , & malignant enemies to the Church & kingdome of Scotland intending to destroy their Land , Liyes , & liberties , to overturn their Religion , & Privileges ; & for this end blocketh them up by sea & Land , fortifyeth Castles in their bosome , giving them commission to destroy all they could & denunceth them all rebells & treatours ? Sure it may be supposed that , seing this is the true state of the question it shall easily be granted , that this was a necessary defensive warre , & that Scotland could do no lesse then they did , unlesse they would have willingly betrayed their Religion & all which they had as men , or as Christians , into the hands of their bloody & cruell 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 warre , Cui libet , omni jure , ipsoque rationis ductu permissa est . Such a warre is warranted to all , by all lawes imaginable . Spigelius tels ●…s in his Lexicon tit . bellum . That [ that is a just warre which is undertaken for defence , ] & citeth l●…t Vim . ff. de just. & jur. Yea he tels us that if a warre be not undertaken for defence , it is sedition , though carryed on by the Emperour ; for he can no more hurt by warre then he can take away a man's life without a cause , & againe he telleth us , that that is a just & necessary warre , 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 lawfull by all law , to resist violence by force of armes . 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 arm'd men with armes , all lawes allow .

2. By the concessions of adversaries ; for they grant that it is lawfull to flee from the tyranny of abused authority , as Moses did Exod. 2. David , 2 Sam. 19. Elisha , 1 King . 19. Ioseph & Christ , Mat. 2. & this Christ warranteth expresly Mat. 10. Now this flying is a plaine resisting of rulers , & if resisting be unlawful , this must be unlawfull likewise , & if this be not unlawfull , resisting cannot be unlawfull : for the the same justice & equity which warrandeth men by flight to decline unjust assaults , doth also warrand an escapeing of them by resistence , 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 & goe seek their livelyhoods in other Kingdomes ; beside , that it is a great question , if the States of a land , the peers & inferiour 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 countrey , Religion & all . All this will be so much the clearer if it be considered that if a tyrant hath legall power from God to kill , he hath the same legall power to summon legally , & siste before his tribunall , such & such persons : And therefore if it be unlawfull to resist his tyrannous murthers , it must be also unlawfull to resist his legall citations to that effect , & so unlawfull to flee ; for one & the same power citeth & judgeth : Therefore if the law of defence warrand one to resist his summonds , & not to compeer it warrandeth one to resist his tyranny , if he can be able ; It is true the one resistence 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 lawfull for subjects to resist a forraigne enemy , invadeing the land with armes ; & thus their practice is justified . It is true their enemies had the Kings Commission ; but the having or wanting of such a commission , will not alter the case of the land , which is put to defend it self : For whether these enemies have such a commission or not , they are strangers & forraigne enemies to the land , & they come with a hostile minde to destroy , & to conquere 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 privat 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 cruell enemies & cannot escape with their wives & children ; but must needs fall upon the sword of these bloody enemies , unlesse they use an innocent & lawfull resistence Yea ibid. § . 6. He granteth that in case a man be in danger to suffer mutilation he may resist ; Seing the losse 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 Virgines , & marryed 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 warde the blow : To know their weapon ev'n 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 Buls with pushing horns pursu'th , 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 shew lesse or more : Pushing with them in tender age , And pressing hard as in a rage .

& shall beasts be in a better condition then man ? Shall a bull have liberty to defend it self with horns , & shall man have no liberty to defend himself against tyrants , or souldeours 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 Magistrat , & 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 it self . Each are bound to love themselves better then 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 then his neighbour , Cicero Lib. 1. De Officiis sayeth [ Injustitiae duo genera sunt , &c. There are two kindes 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 farr in the wrong as if he should desert his parents , his friends , & his countrey . ] And againe , cum sint duo genera decertandi ; &c. There are two kindes of contending , one by argueing which is propper to men , the other by force , which is propper to beasts , we must flee to this last when we cannot make use of the former ] & againe in his Orat. pro Milone he sayeth , Est haec non scripta , &c. [ 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 , drawne it , & extracted it from nature it self , 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 thieves or enemies all honest wayes must be assayed to free our life . So reason teacheth this to the learned , necessity to the Barbarians & custome to nations , & to beasts nature it self hath prescribed this , that whatever way they can , they should resist all violence & save their lives . ] Thus you see nature it self and such as spoke by the light of nature do warrand 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 soveraigne power of Parliaments , &c. ]

5. By the law of God ; as we see by many examples . 1. Of David who being but a privat man , & a subject , & now unjustly persecuted by Saul the King , who was seeking his life , is forced to defend himself with armes , 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 valient men & it is said [ they withstood Uzziah & they thrust him out . ] 4. Of the people their rescueing of Ionathan 1. Sam. 14. unjustly condemned to die . They resisted the Kings act & edict notwithstanding of his oath : Yea they did swear the contradictorie of the Kings 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 Abell resisting Ioab . 2. Sam. 20. 7. of Elijah . 2. King . 1. killing many hundereds of the Kings 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 lawfull acts of just governours , as Eccles. 8 : 2 , 3 , 4. Numb . 16. Rom. 13. 1 Pet. 2 : 13 , 14. or against opposeing of inferiour Magistrats , as well as others , & so serve not their purpose , such as 1 Pet. 2 : 1 4. &c. Rom. 13. Exod. 22 : 28. Iob 34 : 18. or speaketh not of a pure defensive warre but of seeking the utter destruction & ruine of the supreme Magistrat , as some of David's expressions , which they make use of .

6. By right reason : for there is no striker obligation betuixt a prince & his subjects then betuixt parents & children , yea not so stricke ; & yet if the father become distracted & rise up in a fury to kill his children , the children may lawfull joyn together & resist him , & binde his hands ; So may the wife resist the unjust violence of her unnaturall 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 crosse 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 & murther them as he pleaseth . 4. This would put rationall creatures into a worse condition then the beasts are into for if their King will , he may cut all their throats , destroy all their liberties , ravish all their wives , & doughters , destroy all their lands & livings , & that without any controle or the least resistence imaginable . But who can beleeve this ? Yea put the case there were but three or foure 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 & madnesse give out the word of command , they may cause kill all , without any resistence : & would not this reflect upon the wisdome & godnesse of God , if he ordered matters so ? but the absurditie 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 fagot , a quike way forsooth of dispatching an answer , & Mr Prins [ Soveraigne power of Parliaments &c. ] Where the matter is fully cleared both in poynt of law & conscience , which was published by order of Parliament : and a book intituled de jure Magistratus insubditos : & Trochreg's commentary on the Ephesians where he will finde this question prudently judiciously and satisfactorily handled from pag. 911. to 925.

Thus in some measure is this Ninth particular cleared & the Iawfulnesse of Scotland's defensive warre clearly showne , & hereby the unlawfulnesse of swearing any oath , which might have imported a condemning of that warre , is also demonstrated .

By what hath been said to this Ninth particular , the Tenth & last is likewise cleared viz. The lawfulnesse of Scotland their seizing upon the Castles within themselves : For if it be lawfull for a land to defend themselves ; & to use resistence by armes , in their own necessary defence ; It is also lawfull for them to seize upon such castles & strengths , as may prove a fit & necessary meane of defence . It is lawfull to possesse these , & keep them out against the enemies of the countrey , 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 meanes for that end ; For the end includeth the meanes leading to the end . Moreover these Castles & Fortifications were originally appointed for the saifty & security of the Kingdome , & 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 Kingdome should with the advice of the Estates of the Parliament , according to their first fundation , be fournished and used for defence and security of the Kingdom . ] So that hereby the King approved of all which was done in this businesse , before : & acknowledged that according to their first fundation they were for the Kingdom 's advantage . It is true , these Castles were annexed to the Crown Parl. 11. Act 41. King Iames 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 franck tenement without the advice , deliverance & decreet , of the whole Parliament : And for great , soon , & reasonable causes of the realme , otherwise any alienation or disposition was to be of no avail ; And it was enacted that the Kings of Scotland should be sworne at their coronation to keep his statute in all points : & Act 9. Parl. 9. king Iam. 6. sayeth that [ These Castles are for the welfare of the realme , as well as for his Maj. behoofe : so Act. 125. Parl. 7. K. Iam. 6. The Castles are called , the keyes of the realme . So though the King hath the custody & command of them , yet it is alwayes in order to the right end , that is , for the saifty & good of the countrey , & if he should make use of them , for the ruine & destruction of the countrey , 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 & Governour of the land , so that he is to make no use of them , but for the countreyes 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 , seing 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 lawfull & 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 , seing this civil supremacy is & must be the same with his perogative & his prerogative is such as hath been showne . A difference betuixt the supremacy & the prerogative is not imaginable , unlesse 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 setling of the external government of the church is said to belong to his Maj. as an inherent right of the crown . & how ? by vertue of his prerogative royall and supreme authority : so that , his prerogative royall & supreme authority are made one : & if they be one as to ecclesiastical matters much more must they be one & the same , as to civill matters : & more clearly in the King's commission for the heigh commission , where it is said His Maj. by vertue of his royall 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 certane 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 royall prerogatives : for his royall 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 acknowledgment of his Maj. prerogative is mentioned beside the oath of alleagiance : But that will nor make them to differ so far ; yea the acknowledgment of his Maj. prerogative is but explicatory of a part of that supremacy mentioned in the oath of alleagiance . 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 armes & the Kingdomes entering in a league with England & all their proceedings in the work of reformation are condemned , & this cannot be denyed , though there be an expresse oath afterward conceived of purpose for that end , viz the declaration set forth . ●…ept . 2. 1662.

SECTION . XII .

The meaning of the oath of Alleagiance as to its ecclesiastick part opened , & some reasons why upon that account it could not be taken .

THe civil part of this oath of alleagiance being thus spoken to , in the next place the ecclesiastick 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 plaine & easie as might be , so that the sense & meaning of it had been obvious to all ; or had annexed such a glosse & 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 enquire 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 paine of treason . So that there is no way now left to finde out the meaning of the oath as to this part but by their acts & actings , which , when considered , together with some other things usefull in this bussinesse , will help to cleare the true sense thereof . Three things then must be spoken to . 1. The rise & progresse of this bussinesse , which is imported by this part of the oath , viz , the Kings supremacy over persons ecclesiastick , & in ecclesiastick causes , in England . 2. The rise & progresse 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 privat discontents he shook off the Pop's supremacy Anno 1530. for having caught the Clergy in a Premunire , for countenanceing some way or other the Pop's legat , he would not be satisfied with their payment of 100000. lib: unlesse 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 forme as followeth cujus , &c. of which Church . ( viz the Church of England ) we recognosce his Maj. to be the singular protectour , the only & supreme Lord : & ( so far as Christ's lawes will permitt ) the supreme head . ) This was subscribed unto by all , & put into their publicke acts or instruments , & presented to the King : afterward Parl. 24. c. 12. upon this ground it was statuted & ordained that all ecclesiasticall suites & 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 & preheminences which were annexed unto that title : & after this there followed another act. c. 3. for Tenths & first fruits as appertaineing to that head-shipe & 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 , clame or put in ure , enact , promulge , or execute , any new canons , constitutions , ordinances , provinciall or others or by whatsoever name , they shall be called , in the convocation unlesse the Kings most royall assent may to them be had , to make promulge & execute the same , & that his Maj. do give his most royall assent & authority in that behalfe . ] Which deed of theirs the Parliament did , shortly thereafter , ratifie in these termes [ That none of the said clergy from thence forth should presume to allaidge , clame , or put in ure , any constitutions , or ordinances , provinciall or synodall 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 alwayes shall be assembled by the Kings write ) unlesse the same clergy may have the kings most royall assent & license , to make promulge & execute such canons constitutions , & ordinances provinicall & synodall ; upon paine of evry 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 usurpe 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 extoll Henry king of England were no doubt , inconsider as men , they gave unto him the supreme power over all ; and this did alwayes wound me ; They were blasphemous when they called him supreme head of the Church , under Christ ] So that Peter Heylyn must not be beleeved , when he telleth the world in his discourse of the reformation of the Church of England , pag. 13. [ That th●…se statuts which concerne the kings supremacy , are not introductory of any new right that was not in the crown before , but only declaratory of an old ] & againe 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 propper and originall power invaded by the popes 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 appeare .

But this title of supreme head gave offence both at home & abroad & therefore Queen Elizabeth did change it into this [ of supreme governour over all persons , as well in all causes ecclesiastick as civill ] & in these tearms 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 , seing it seemed to attribute to her Maj. no lesse spirituall jurisdiction & power then what the former oath did importe . Whereupon the Queen , in the first year of her reigne , after the Parliament had condescended on the forementioned oath published an admonition in her injunctions , of purpose , to explaine & 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 alleagiance or bond required by the same then 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 saids noble kings , which is and was of ancient time due to the imperiall crowne of this realme . That is under God to have the soveraignity & rule over all manner of persones borne within these realmes , dominions & countreyes , of what estate either ecclesiasticall or temporall , soever they be ; so as no other forraigne power shall , or ought 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 then soveraignity over all persones , even over all causes also : and it was certaine that King Henry 8. did both challenge & use more power then 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 alwayes 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 Ecclesiasticall or temporall , 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 realme 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 Bish. of Rome's power was more then civil , for it was ecclesiastick also ; & the oath gave unto the Queen that which was taken away from the Pope : & more over , supreme governour in causes ecclesiastick importeth more then this explication doth . And therefore it had been much better , if no more had been intended , then this explication saifly taken , doth hold forth ; to have changed the words of the oath & made them more conformable to the glosse : for every one who readeth & seeth this sense will not be able to discerne an harmony betwixt them ; the oath as worded holding forth more then the glosse & hence it was that for all this glosse , 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 losse & disadvantage ; & were constrained to run from the words of the oath , unto the glosse , which is a sufficient proof that if no more be intended by the oath , then what is held forth in the glosse givē , the oath ought to be otherwayes 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 judgment , & this puteth such divines as write against Erastianisme to great paines , to search out the meaning of the English divines , to answere that objection , & certanely these divines would have wished that the oath had been otherwise worded ; So that adversaries might have had lesse ground to boast of the Church of Englands being of their judgment . Yea Triglandius in diss●…rt . de Civil . & Eccles. pot . Waveth the English divines , in this poynt , 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 owne not the controversie of the Englishes with Papists , upon this subject a●… owrs ; for we are not of the judgment of Papists ; nor are we necessitated to defend our judgment , by the judgment of the English divines . And again in his Amapologia , Pag. 726. Col. 2. Quamvis non di●…eamur , &c. Though we cannot deny , but they ( i. e. the Englishes , ) in respect of the usurped hierarchie there , and the King's power over it , have extended the King's supremacy furder then 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 turne a little out of the right way , & that they spoke according to the lawes of that Kingdome & common-wealth in which they lived . This especially is to be noted in those divines who wrote of the King's supremacy in the Kingdome of England . The learned have seen the writtings of Lancelot , Tooker , Burchill , Thomson , and Salcobrig , &c. And the writtings of their adversaries , who debated with them concerning the King's supremacy , & all who are not slaves in their judgments , unto the great ones of the World , may see clearly that there are failings on both hands . ] And againe out of Didoclave , Pag. 43. he telleth us , [ That albeit they did blote out the metaphoricall title of the head of the Church , lest it should give offence , & put in its place , the Supreme Governour ; Yet the sense was the same ; for Henry of Salisburry sayeth , That the King of England is the primat of the Church of England , & that he is a mixed person , having both Ecclesiastick & 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 spirituall or Church power , for visiting the Ecclesiastick state & order , for reforming , bringing into order & punishing Churchmen , all sort of errors , schismes , abuses , offences , & enormities , within the Kingdome , is for ever annexed unto the Crown . ] So that it is too too apparent that severall of the English divines run a furder 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 faire 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 forme of Church government he pleaseth in the Church ; which whether it may not make Englishmen of a truely 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 : seing 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. & againe ratified & insert in the records Anno 1567 ) cap. 25. the power in Church matters which is there given unto the civil Magistrat is in these words . [ That to them chiefly and most principally appertaineth the conservation & purgation of religion — and they are appoynted 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 realme , and that none of his Maj. subjects , suite or desire title , or right of the said Bishop of Rome or his sect . to any thing within his realme under the paine of banishment , &c. and that no Bishop use any jurisdiction in time coming by the said Bishop of Romes authority under the paine forsaid , whereby the Popes authority was quite rejected not only in civil matters , but in Church matters , & yet there is no expresse word of the Kings being invested with any such power .

Anno 1568. There was one Thomas Bassenden Printer in Edinburgh who did printe a book intituled 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 generall assembly to cause call in these books , & to delete that title of the Kings . But all this did not preserve the Church from incroachments , 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 Nationall Assembly , there came a Messinger of armes from his Maj. to discharge the Assembly under the paine of rebellion & of puting of them to the horne , to proceed any furder ; whereupon the assembly did complaine of this incroachment , 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 Councell for some freedome which they had used in preaching : Of this the Assembly did complaine againe , which occasioned a conference betwixt the King & some Ministers , the result whereof was [ That in all time coming the tryal of Ministers doctrine should be referred to Church Iudicatories as the only competent Iudge . ] But this was soon forgotten , for Anno 1581. Mr Balcanquell was againe accused , & the privileges of the Church were incroached upon , which did put the Church to supplicat Anno 1582. & complaine that , [ His Maj. by advice of some consellours was about to take the spirituall Power & authority upon himself propperly belonging unto Christ as the King & head of his church , & of the ministery ; & the execution thereof unto such as bear office in ecclesiasticall government , so that in his person some men presse to erect a new Popedome , as if his Maj. could not be full King & head of the commonwealth unlesse the spirituall as well as the temporall power should be put into his hand , unlesse Christ be bereft of his authority , & the two jurisdictions confounded , which God hath divided , which tendeth directly to the wrecke of all true relig. ] & it their next assembly there was an article drawn up to be presented unto his Maj. to this affect [ That seing 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 plainely declared , that hereafter none other under whatsoever pretence have any colour to ascribe or take upon them any part thereof in placeing or displaceing of Ministers of God's Word , in spirituall livings or offices , without the Churches admission ; or in stopping the mouthes of preachers , or taking upon them , the judgment or tryall of doctrine , or of hindering or disannulling the censures of the Church , or exeeming any offendour there from .

By the endeavours of these faithfull worthies , any may see what a Spirit was stirring then , when the King would assume to himself spirituall power & authority , & so rob Christ of that which belongeth to him , as King & head of the Church ; & make himself a Pope & the fountaine of all power & jurisdiction , both civill & ecclesiastick , & challenge power , to give commission for deposeing & ordaineing of Ministers , & hinder free preaching , to try & censure doctrine , & to anull 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 Councell as incompetent judges in that cause , was forced to withdraw to Berwick , for fear of his life .

Anno 1584. The Parliament which was suddainely convocated did put the copestone upon this bussinesse , & gave the King in forme 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 realme . And Statute and ordaine that he and his heires or successours be themselves , and their Councels in all time coming , judges competent to all persones of whatsoever Estate degree , function , 〈◊〉 condition they be of , spiritual or temporal , in all matters — & that none decline their judgement in the premisses under the paine 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 Prelat he stilled him , Our beloved Clerck & Commissioner in Ecclesiastical causes . So that by this supremacy , the power of Church jurisdiction was made propper 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 stirr up his Maj. against the government of the Church , so that when the commissioners of the Generall Assembly had met , & had sent some of their number to shew 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 Kingdomes in Scotland , & that Christ was a King , & the Church , his Kingdome , & that he himself , was a subject unto Christ , & a member of his Church & neither head nor King thereof & that the spirituall office bearers , to whom he had committed the government of his Church had power & warrant to conveen .

But the King went on , & told the Ministers thereafter , [ That there should be no agreement betwixt him & them , untill the marches of their jurisdiction were rid , & that they might not speak in pulpit of the affaires of the Estate or Councell , & that no Generall Assembly should meet without his special command , & that Church judicatures should meddle with fornication & luch like scandalls , but not with causes whereupon his lawes do strick . ] & shortly thereafter Mr Blake was summoned & did decline , & his declinature was owned by severall hundereds of Ministers : when King Iames saw this he laboured to ensnare the Ministery & therefore invented the bond which was mentioned Sect. 1. Pag. 27. whereby any may see what was intended & designed . But when he is in possession of the crown of England then the poor Church findeth his hand heavier then formerly ; for Anno 1606. Six Ministers were convicted of treason , & condemned for declineing the councell as an incompetent judge in matters ecclesiastick , & all by vertue of the Act of Parl. 1584. And the Parliament which did meet that yeer 1606. to make all sure , did acknowledge his Maj. soveraigne authority , princely power , royall perogative , & privilege of his crown over all Estates persons and causes whatsoever — and ratifieth approveth and perpetually confirmeth the same , at absolutely amply and freely , in all respects and considerations , as ever his 〈◊〉 or any of his royall progenitoure Kings of Scotland , in any time by gone , possessed , used and exercised . Thus was the copestone of this supremacy put on againe : And at that pretended assembly at Glasgow A●…no 1610. it was acknowledged that , The indiction of the Generall Assembly did appertaine unto his Maj. by the prerogative of his royall crown . And it was ordained that the oath ( which is set down before pag. 37. be sworne by all ministers at their ordination : & the Parliament which conveened Anno 1612. ratified all this . And finally Anno 1633. in the 1 Parl. of King Charles , Act 3. that Act which was made Anno 1606. was againe ratified & this conclusion was drawne from it , that he hath power to prescribe what apparell he thinketh fit for Kirk men , which was done of purpose for this end that his Maj. might with greater facility get the use of the surplice by Ministers , established by law and practised .

And now by all this , any may see what is the nature of that supremacy which the higher powers have been all alongs grasping after & which the faithfull servants of Christ have been withstanding according to their power .

But in the last place , the sense & meaning of this late Parliament which did tender the oath , must be sought out of their acts & actings , & out of some commissions granted by his Maj. & thereby it shall be seen what ground there was of scrupling at the oath & how the feares of such as did then scruple at the oath were not groundlesse seing the after actings of king & Parlia●… . have abundantly confirmed the apprehentions , which such had of their giving to the King , & of his taking , more power in Church matters then themselves would then acknowledge or confesse did belong to him . Now for clearing what power was then & is now assumed by & given to the King in Church matters these particulars may be noticed .

1. When these Six or Seven Ministers who were cited before the Parliament had offored a sense , in which they would willingly have taken the oath , they could not be heard , though they granted unto him in their 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 soveraignity did retch ecclesiastik causes objectively , though in its own nature it was alwayes civill , & extrinsick . But this did not satisfie & therefore it was evident enough that they did intend some other thing by that oath , then every one could well see .

2. In the 4. Act of their first session it is made a part of the Kings prerogative , That none of his heighnesse subjects , of whatsoever quality state or function , presume to convocat , conveen , or assemble themselves for holding of councells , to treat consult & determine , in any matter of state , civil or ecclesiastick , ( except in ordinary judgments ) without his Maj. speciall command , of expresse license , had & obtained thereto under the paines , &c. By which it is apparent that they will have no Church judicatories without his command or license otherwise his prerogative is violated , & so it is a piece of his perogative & supremacy , to have all these assemblies depending ●…o upon him , as civill meetings do , that is , that they shall be null without his expresse consent and command ; for this part of the act is in every word conforme & relative to , that black act Anno 1584. viz act 3. parl. 8. King Iam. 6 , by which all Church judicatories which had been set up conforme to the second book of discipline viz sessions presbyteries , & synods , were discharged .

3. In the 16 Act of the first session concerning religion and Church government they say . [ That as to the government of the Church his Maj. will make it his care , to setle & secure the same in such a frame , as shall be most agreeable to the word of God , most suiteable to monarchicall governement , & most complying with the publicke peace , & quyet of the Kingdome , & in the meane time his Maj. with advice & consent foresaid doth allow the present administration , by sessions , presbyteries , & Synods . ] So that by this act it is clear , that they think that there is no particular forme of Church government s●…t down in the word 2. That every nation is left at liberty in this , to choose what forme they will , as most suit●…ing to civil government & complying with the people , temper . 3. That he is judge of what forme of government is most agreeable to the word of God . 4. That this governement must be some other government then that which is by Sessions , Presbyteries , and Synods , which is but allowed in the interim .

4. There is a commission or act from his Maj. for a Nationall Synod , ratified by Parliament in their second Session , which is worth the noticeing , the Act is thus worded ; [ For as much as the ordering & disposall of the externall government of the Churh , & the nomination of the persones by whose advice , matters relating to the famine , are to be setled , doth belong to his Maj. as an inherent right of the Crown , by vertue of his prerogative Royall , & supreme authority in causes Ecclesiastick : And in prosecution of this trust his Maj. considering , how fit & necessary , it is for the honour & service of almighty God , the good & quyet of the Church , & the better government thereof in unity & order . That there be a National Synod & Assembly duely constitut within this kingdome . Hath therefore appoynted & declared , & by these presents appoynts & declares . That there shall be a National Synod of the Church of Scotland : And that this Synod for the lawfull members thereof shall consist & be constituted of the Archbishops of St Andrews & Glasgow , & the remanent Bishops of these two Provinces , of all Deanes of cathedrall Churches , Archdeacons , of all the moderators of meetings for exercise , allowed by the Bishops of the respective dioeceses , & 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 colledge , one from Marshells colledge 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 appoynt ; And is to debate , treat , consider , consult , conclude , & determine upon such pious matters , causes , & things , concerning the doctrine , worship , discipline , & governement of this Church , as his Maj. under his Royal hand shall deliver , or cause be delivered to the Archbishop of St Andrews , & president of the said Nationall Assembly , to be by him offered to their consideration ,

The Estates of Parliament do humbly recognosce & acknowledge his Maj. Royall 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 & confirme this constitution of a Nationall Assembly , as the lawfull constitution of the Nationall Synods & Assemblies of this Church : His Maj. or his Commissioner ( without whose presence no Nationall Synod can be keeped ) being alwayes present : & declareth that no Act canon , order or ordinance shall be owned as an ordinance of the Nationall Synod of the Church of Scotland , so as to be of any effect force or validitie in law , to be observed & keeped by the Archbishops , Bishops , the inferiour Clergy , & all other persons within the realme , as far as lawfully , being members of this Nationall Church , it doth concerne them , but that which shall be considered , consulted , & agreed upon , by the president & major part of the members above specified . It is alwayes hereby provided that nothing be enacted or put in execution by authority of a Nationall Synod , within this Kingdome , which shall be contrary to his Maj. Royall prerogative , or to the lawes 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 Nationall Synod .

In which Act these things are remarkable 1. That Church Assemblies may not meet without his warrand . 2. The King or his Commissioner , are essentiall constituent members thereof . 3. That the King hath power to appoynt the very constituent members of the Synod . 4. Ruleing elders are excluded out of Church judicatories . 5 , That the constant moderator hath a more then 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 , worshipe , discipline or government , but what his Maj. pleaseth . 8. Nothing must be concluded but what his Maj. or his commissioner doth approve & confirme . 9 , All this is founded on his supremacy . 10. And his supreme authority over all persones , & in all causes , & his prerogative royall , are declared to be all one .

5. There is another commission granted for the heigh commission a part whereof followeth .

Our Soveraigne Lord ordaines a commission to be passed & exped under his Maj. great seall of the Kingdome of Scotland making mention , That in consideration of the multiplicity & weight of Church affaires , & of the Estate , incumbent upon the Lords of privy councell , so as they cannot attaine the due execution of the lawes — & to the effect that the disorders & contempt of authority — may be timeously suppressed — His Maj. by vertue of his prerogative in all causes , & over all persons , as well ecclesiastike as civill ; has given & granted , like as his Maj. by the tenor hereof giveth & granteth full power & commission to the Archbishop of St Andrews . The Lord chancellour L. treasurer , archbishop of Glasgow , Duk Hamilton , Marques of Mon●…se &c. — or any five of them , an 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 excommunicat all keepers of conventicles , &c. — to appoynt ministers to be censured ; by suspension and deposition ; and punished by fineing , confineing , and incarcerating them , and all other persons who shell be found transgressours as aforesaid ; &c.

Out of this Act , these things are remarkable . 1. Here is a mixed court made up of Church men & civill men . 2. A court medling both with civil & ecclesiastick 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 wel ecclesiasticke 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 bussinesse being so clear much time needeth not be spent , in handling that long & tedious controversie concerning the Magistrats power in Church matters : Onely a hint at some few things , as reasons why this oath thus tendered & explained , could not be taken , will be sufficient .

1. By this meanes , 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 appoynting new officers in Christ's house , & new courts & judicatures , which Christ did never appoynt , & of committing Church power to whom he will ; of appoynting what forme of Government in the Church , he thinketh fit ; modelling the constitution of Church idicatories , appoynting who shall be members , & who not , & who members siue quibus non , of limiting the bounds of their procedour , by appoynting what they shall treat of , & what not ; of puting life in their canons & constitutions , &c. 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 publick prayers , to stile the King head of the Church . Now could any faithfull & zealous Christian of servant of Christ , consent unto this dreadfull incrouchment & usurpation , by subscribeing 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 equall strength , militat against this usurpation , & justifie the refuseing of this oath upon that account : yea Arminius himself disp. de pontif . Rom. Thes 3. sayeth that the Church hath but one head , otherwise she should be a monster .

2. By this meanes , they should upon the matter licke up popery which they have abjured againe & againe , 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 it self as a blasphemous tenent : No reformed divine writeth against the Popes 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 incroachment 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 immediatly the King & Princes , unto whom that power did belong of right before & therefore , they say , that King Henry 8. assumed but his own back againe & 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 showne . But if any should assent unto this they should consent only unto the change of the pope but not unto the change of the Popedome & should shake off an ecclesiasticall 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 counsell & 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 polititians do , & when the whole Government of the Church is made over to them almost by an apostolick authority , who only exerce an externall & politicall power on the outward main : Then doth themagistrat goe beyond his bounds , & the Popedomeis not taken away , but changed ; yea & made twofold worse ] yea & the Arminians in their apologie 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 ministeriall 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 prelats are his Maj. Commissioners in matters of discipline , they receive their commission from him , to depose , to silence , & to excommunicate ; & so also they must Acte as his commissioners in lesser censures , as in publick rebuking for sin , & the like : & seing both the keyes of doctrine & discipline were given at once , if the key of jurisdiction or discipline come from Christ mediatly , & from the King immediatly , so must the key of doctrine , for the scripture sheweth no distinction , & none may separat the keyes , which Christ hath tyed together : & thus every minister must come forth , & preach , exhort , rebuke , censure & ex communicate , not in the name of Christ immediatly , but in the name of the King . But to this they could not assent , & therefore they could not take the oath .

4. By this meanes , they should grant that the supreme Magistrat himself , might , immediatly in his own person ; rebuke publickly the scandalous , debarr from the sacraments , depose , suspend & excommunicate ; for what his commissioners do , by vertue of a commission from him , that he may do himself immediatly , But this could no be yeelded to ; there being not the least warrand for it imaginable out of the word , but much against it : & therefore none , except an Erastian or Arminian will condemne such as refuse an oath which would import this , see Voetius de politia ecclesi , pag. 146. arg. 12.

5. By this meanes , they should have , upon the matter , opened a door unto the King 's bringing into the Church , what popish rites & externall superstitious ceremonies , he pleaseth●… : By the act for the nationall Synod he hath , as an inherent in the crown , the ordering & disposall of the externall government of the Church , & power to settle all things concerning doctrine , worship , discipline & government , by the advice of the nationall Synod which is but as his Councell , so that the whole power of ordering , & setling the matter of the worship , is in his own hand : & it was upon this ground that the former prelats did warrand 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 externall 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 significāt ceremonies that are there : for if the King have such power , what ceremony may he not bring in ? & who is there to controle him in any thing of that kinde ? who may ask whether lawfull or unlawfull , seing no question he himself will call all that which he doth , most lawfull ; & he is not without the compasse of his power , or authority , or calling , when he appoynteth the use of those ceremonies , if he be thus rector Ecclesiae . Now who can acknowledge that any such power doth belong unto the supreme Magistrat , 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 signes , places , or persons & times . And therefore they could not take such an oath & be guilt●…sse .

6. By this meanes , 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 , worshipe , 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 againe to popery , & so forth in the dayes 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 vertue of this oath , these severall Kings & Queens took upon them , to alter & change as they thought good : & this is ordinaryly seen in supreme powers , when they begin to usurpe . 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 lawfull bounds but they think they cannot reigne , unlesse they take away all the authority of the Church , & become the heigh est judges as well in doctrine as in all the spirituall government Therefore the devil gave to Amaziah this counsell — a mediocrity should therefore be keeped because this desease hath alwayes been in princes , that they would make religion how according to their owne 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 forme of religion . And now seing doolfull experience proveth how ready princes , & Magistrats are , to goe beyond bounds , & to arrogat to themselves more then is allowed , is it fit for Ministers or Christians to blow at that coale 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 nakednesse : were it not better to hold back such as run too willingly of their own accord , to the ruine 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 ruine & 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 thankes to his sycophants who ascribe such power to him ▪ as , if put into act , would ruine 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 & appoynting what religion shall be publickly professed within his dominions , yet this power agreeth not to him byvertue of his supremacy in Church matters , but by vertue of his supreme Magistraticall power by which he is to have a care of all publicke things : But this supremacy in Church matters , is a far other thing , for it giveth intrinsicke & Architectonicke 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 Magistrat .

7. By this oath they should grant that the civill , magistrat as such , should be a Church member ; because he who hath a chief hand in Church affaires , 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 royall prerogative . But this cannot be assented unto , for then every heathen Magistrat should be a Church member , because a heathen Magistrat is a Magistrat , as essentially , as a Christian Magistrat : Christianity addeth no Magistratical power , it maketh not one more a King or a magistrat , then he was ; it only qualifieth & inableth 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 forme of Church member shipe , reall grace & union with Christ maketh one a member of Christ's mysticall body ; & serjous profession of the true religion , maketh one a member of the visible Church , but magistraticall 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 magistrat as such , is a Church officer , because as he is in possession of the crown & of the royal prerogatives thereto annexed , he hath the disposall of the externall governement of the Church : No nationall Synod can hold without him , none of their acts hath the power of canons without him : He hath power by his commissioners civil & ecclesiastick persons , to excommunicat , depose , & suspend ministers , &c. But this cannot be granted ; for then . 1. Heathen magistrats 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 Magistrats . 4. Then no magistrats 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 gospell ; & among all the Church officers mentioned in the gospell there is not one word of him .

9. By taking of this oath they should say , Not only that the supreme magistrat as such , is a Church officer ; but that he is a Church officer of the heighest 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 appoynted such an eminent Church officer who was to continue unto the end of the world & never shew 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 Magistrats , 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 betuixt 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 writting against Erastus have made it clear that they are distinct toto genere ; both in the fountaine of their power , in the subject matter , in the manner of working , & in the nearest end designed , & many such like : so that it is needlesse to say any thing of it here . Now in asserting this supremacy they should lay the ground of this confusion , & yeeld that a Church as a Church should be 〈◊〉 commonwealth & a commonw●… 〈◊〉 ipso that it is a commonw ▪ shoud be a Church , because a supreme governour in Church matters hath reference unto a Church , & a supreme governour in civil matters , hath reference unto a commonwealth : & so make the supreme governour of the commonwealth , upon that account that he is such a supreme governour , the supr. gov . of the Church & then ●…o ipso that he is the supreme governour 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 certane that these administrations are distinct viz. the ecclesiastick and politick , which Satan did confound by Popery we must watch and see that they be not againe confounded — and if we suffer this we should be guilty of sacrilege , and we must rather choise 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 magistrat as such is a propper & competent judge in Church matters , a propper & competent judge of ministers , of their doctrine , & of other Church matters ; because it was upon this ground , of faithfull ministers their declineing of the King 's & his councell 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 faithfull discharge of their duty , & exoneration of their consciences , as their lawfull , formall & competent judge in Church matters , though under the notion of treason & sedition . Moreover he is made propper judge of what is the best forme of Church Government , of what is the best constitution of a Church judicature , & what are the most sit & lawfull acts & conclusions or canons of Synods : & he is made propper judge in matters deserving excommunication , suspension & deposition , & all these are Church matters . Now the falshood 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 Magistrat is not fit for such matters ; & should no other be a Magistrat 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 Magistrat may do all ? see learned Voet polit Eccles. pag. 146. Arg. 12. yea if they had taken this oath , they had condemned their worthy predecessours who took their hazard , & declined the judgment of the civil Magistrat in Church matters , & should justifie the severe sentences of imprisonment consinement , & banishment , which passed against them ; & should assent unto the lawfulnesse of all these acts , which established iniquitie & 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 Ministeriall function , were not under Christ immediatly but under the Magistrat ; for as his commissioners they sit in the high Commission court & are accountable to him , for their mal administration , & so are immediatly under him , as their immediat superiour & 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 warrand for Ministers receiving of instructions from the Magistrat . 3. Nor for any civil Pope more then for a Church Pope . 4. Ministers in scripture are said to have immediat relation unto , & commission from God , & not from the Magistrat 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 ▪ Ioh. 20 : 21. Gal. 1 : 1. & not from the Magistrat . They acte in the name of Christ , & by power from him . 1. Cor. 5. But there is enough spoken to this by judicious Wallaus & others writting against Vtenb●…gard & other Erastians which will abundantly justifie 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 Magistrat is exempted from subjection unto the Ministery of the messingers of the Lord ; for if Ministers in their Ministeriall function , acte 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 warrand 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 : Emperours have submited unto discipline . Therefore they could not take this oath .

14. By taking of this oath , they should yeeld unto many palpable & into lerable incroachment ▪ 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 warrand or expresse consent for in the act concerning the acknowledging of the royall prerogative , among other things annexed to the crown , this is one , the conveening of his subjects , & this is explaned Act 4. Where it is ordained that none of his subjects conveen for holding of — Assemblies , to treat Consult & determine in any matter — ecclesiasticke : And upon this ground doth the act concerning the nationall Synod goe : And upon this ground did King Iames take upon him to prorogate assemblies either to definite or indefinite times , as he thought good . Now no faithfull Minister or Christian could assent to this : Because 1. Whatever may be said upon the grounds of prudence at some times ; yet when the bussinesse 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 common-wealth , & hath power from Christ , to hold her own meetings & Assemblies , for her own government , as she did while she was under heathen Emperours in the dayes of the Apostles . 2 , It hath been showne before what is the judgment of the Church of Scotland , in this particular , in their preface to the confession of faith . 3. There is no expresse command either for seeking or having his expresse 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 Magistrat , but oftimes against their will , thinking it their duty to Assemble for the relief of the Church ay untill some difficulty were laid in their way which they could not win over , untill some phisicall restraint , or some what equivalent were laid upon them . 5. It would neither be fit nor saife , for them to condemne 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 Magistrat . The act for the National Synod doth abundantly cleare this . But to assent to this were a palpable wronging of the Church which hath intrinsick power for this , & needeth not goe out of her self to seek it . The Synod which did meet 〈◊〉 15 was not indicted by any civil Magistrat . The Church should then be in an irremediable case when the civil Magistrat is an enemy ; but God hath provided meanes 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 appoynt all the constituent members thereof , according as he pleaseth , as the Act for the nationall Synod sayeth , he doth ; & that by vertue of his supremacy . But this were a grosse 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 persones 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 politicall , 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 ) then his Maj: thought good to suffer . There is no warrand 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 affaires , he hath allowed them to sit untill they finish the bussinesse for which they did assemble : Yea if they should yeeld to this they should condemne the assembly at Glasgow 1638. which did sit untill they had ended their bussinesse , notwithstanding of a command to dissolve . 5. That his presence or the presence of his commissioner is necessary unto each nationall assembly , for the Act of Parliament ratifying the Act for the nationall Synod sayeth expresly that without the presence of the King or of his commissioner no nationall 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 generall assemblies held in Scotland without his presence . 4. The Magistrat 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 nationall 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 setled only by their advice , So that in their Synod they are only the King's counsellers conveened to advise & consult , & a power only to advise , is no decisive fuffrage : & so the Act concluded , is the deed of the supreme Magistrat 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 Magistrats are Christians then when they were heathens . Moreover there is no warrand for his having with the rest of 〈◊〉 the commissioners , a voice in those Synods , far lesse , 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 bussinesse 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 judgment in disput. de jure Magistratus circa sacra Thes. 16. viz. that he may convocat assemblies , choose members , prescribe lawes unto them , & the way of pr●…cedour , aske the suffrages , & either peremptorily enact , or approve what is done , that it may passe 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 nationall Synod which is contrary to his Maj. royal prerogative ; or to the lawes of the land , so sayeth the Parliaments ratification of the Act for the nationall Synod . But what if iniquity be established by a law ; & what if Christ's royall 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 lawes 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 conveened : 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 municipall law , without the Magistrat's civill sanction : But yet they may have the strength of Church Canons , whether he approve of them , or not ; as the Acts of the Councell at Ierusal . Act 15. & of all other Synods & Assemblies , which the Church had dureing the first three hundered yeers had : Otherwise the Church should be in a hard case , when the civill Magistrat did refuse his concurrence . & ( as hath been oft hinted ) in a better case , under heathens , then under Christian Magistrats . 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 Counsell & advice to him , & all which they say , is without force unlesse 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 Governour , or Magistrat , is a civill 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 Iesus Christ for that effect , but the Magistrat as such is no Church Officer . 3. This power is without all warrand of Scripture , & therefore can not be acknowledged .

Thus you see what incroachments upon the Privileges of the Church the taking of this oath , thus sensed , by them ; carryeth along with it , & albeit there be some Erastians & others who take these for no incroachments , but trut●…es ; Yet reformed divines such as famous & worthy Voetius , Apollonius , & others have sufficiently manifested them to be grosle errours , & 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 Magistrat ; for she wanteth a chief Officer : And hence it will follow , that the Church in the dayes of the Apostles & some hundereds of Years thereafter was imperfect as to its Constitution , wanting this supreme Governour : Otherwise they must say that Nero , Caligula , & the rest of the Roman persecuting Emperours , did sufficiently fill up this place : And that the Apostles did upon the matter , & would not have refused , plainely to have affirmed that these persecuting heathens , were supreme Governours over all persones , & in all causes Civill & Ecclesiastick . But none of those can be affirmed , with any probality or shew 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 Magistrat who then was , they derived no power from him as their supreme Governour ; in causes Ecclesiastick . 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 Magistrat of his power , or else this power agreeth not to all Magistrats ; but only to Christian Magistrats , & 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 Magistrats otherwise it should agree to all Christians , & to all Magistrats , which is false : & therefore i cannot agree to them as Christian Magistrats 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 yeeld unto the opening of a door unto the utter destruction & overthrow , of all Church judicatories , for by their judgment , who tender that oath , the King is the fountaine of all Church power , & who ever executeth any Church power , executeth it as his Commissioner , & he may imploy in this bussinesse whom he pleaseth , & by the Act for the heigh commission he imployeth civill persones , who are no Church Officers in deposeing Ministers , & in excommunicating , & so he may imploy such persons alwayes & only such , for he is at liberty , to imploy whom he will , & so at length he may put aside all Church Officers , & so lay aside all Church judicatures , & handle all Church bussinesse in civill courts . But what Christian could yeeld to this ? See Voetius ubi supra Pag. 146 Arg. 11.

18. By this oath , they should grant unto the Civill Magistrat power to erect new courts , which have no warrand in the word , & such courts as the Church had not all the dayes of the Apostles , nor many centuries of years thereafter , for by vertue of his supremacy he erecteth this new court called a Heigh , or Grand Commission , wherein civill persons meddle with Church matters , & execute Church censures , & Church-men meddle with civill matters , & civill censures . But to yeeld to this , should be to destroy all Church power , & to condemne the Apostles , for not leaving behinde 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 Christs warrand .

19. By taking this oath , They should yeeld unto the lawfulnesse of appealing from a Church judicature unto the civil Magistrat ; for it is lawfull to appeal from an inferiour judicature , unto a superiour , & by the tenderers of the oath , the supreme Magistrat is a superiour judicature . It is lawfull to appeall from the Commissioners unto such as have given them that commission ; And Ministers in these judicatories are but his Commissioners : But sound divines writting against Erastus & the Arminiant will justify their refuseing to yeeld to this : & if they should have yeelded to this , they should have condemned the Generall Assemblies , that declared such as appealed from a Church judicature , unto the King , & his Councell , 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 lawfull appellation , for Paul's appeal unto Caesar was from a civill court , from Festus , & was in a matter of life & death , & from no Church judicatorie : 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 governement , in such a frame as shall be most agreable & suiteable unto Monarchicall Governement , & most complying with the publick peace , & quyet of the Kingdome : And so grant 1. That there is not one forme or modell of Church governement , set down in the word , obliging Churches in all ages to follow the same 2. That the supreme Magistrat alone may appoynt what forme 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 paines to give the World a proof of his learning & reading , by engaging in this quarrell , & in pleading against the privilege & prerogative of the Crown of Christ , whom God hath made King in Zion , & who will reigne untill all his enemies be made his footstool . He would , without all doubt , have had more peace , when stepping into eternity , if he had imployed his partes & 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 & severall other things against prelats , may receive a free Imprimatur . Take these few observations upon his whole book which he is pleased to call a weapon salve &c. so far as concerneth the bussinesse in hand

Obs. 1. He granteth pag. 154. That it is necessary there should be a forme of government in the Church by vertue not only of that law of nature , which provideth for the preservation of societies , but likewise by vertue of that divine law which takes care for the Churches preservation in peace and unity . So then if there be such a divine law for a forme of Church Government ; & i●… in the primitive times there was a forme of Church Government followed , the poynt is gained by Mr Stillingfleet's own concessions ; for part 1. c. 1 : § 3. He sayeth that there is not the same necessitie 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 Gospell ; 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 rituall & occasionall part of it . Now there being a standing morall law for a forme of Church governement , 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 morall law for one day of Seven ; So their practice obligeth now unto that forme of Governement , which they used , because of the standing force of the law of God for a forme of Church Governement : So that we need not enquire 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 governement 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 governement , 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 nationall Church , to be understood as a Church in which a forme of Government should be setled . It is true a nationall society incorporated , is a Church ; It is also true that the notion of a Church agreeth to other societies , then nationall , & as himself sayes , wherever the notion of a Church particular is to be found , there must be a Governement in that Church : & so every society which may be called a Church , should have a Governement 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 forme of Government it thinketh best , or only a nationall Church ? If only a nationall Church have that liberty then that liberty agreeth not to a nationall Church , as it is a Church , but under some other notion , & what is this other notion ? Is it because they are under one civil Governement ? 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 civill lawes or civill way of Governement , especially seing 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 nationall Church , there may be many severall 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 parochiall Church to be a Church ) to have its own distinct forme of Government , thus porachiall Churches should be like the Cant●…ns of Helvetia or distinct Kingdomes ruled by their own lawes & after their owne manner . If it be said that the unity & peace of the nationall Church ought much more to be looked after , then the peace & unity of any one particular congregation Ans. will it thence follow that every particular congregation , in a nationall Church , should be Governed after one manner ? then it will follow also that all nationall Churches being members of the Church universall , must be Governed after one & the same manner ; for the peace & unity of the Church universall 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 Magistrat be found for establishing this one forme of Government ? Is it not then saifest to say That Christ hath set down such a forme 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 colledge of presbyters ; or by a superiour order above the standing ministery having the power of jurisdiction & ordination belonging to it . But under favour , this is not faire dealing in stateing of a controversy for his bussinesse is to shew that there is no forme at all setled by a Ius divinum . That there is no warrand in the word , for any one forme more then for all the rest , & that there is no one forme 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 forme , which it judgeth most fit for the ends of Governement , in it self : & if this be his drift & scope , may not every one see how he prevaricateth here , in limiting the disput to these two formes ; seing there are moe formes pretended unto . The independents will grant that there is no warrand in the word for either of those two formes mentioned ; & yet will allaidge that there is another forme allowed of God & determined : The Papists have a forme of Government , & it may be the prelats think that their forme differeth from that . The Morellians have another forme distinct from all these , the Erastians have a sixt , & it is possible that Mr Baxter shall give him a seventh made out of presbyterian episcopall , independent & Erastian . now if his principles exclude all these why was the disput limited to two ? or doth he think that these other formes are expresly excluded by the word , & that Churches are not left at liberty to make choise of any of them , but only of either of the two which he mentioned ? Then the scripture is expresly & determinatly against severall formes of Governement , & if this be true , his principles are overturned , for if the law of God be expresly against some formes , it must be more for other formes , then for these , & all formes are not indifferent , nor are men left at liberty to pitch upon what forme they please .

Obs. 4. He granteth Part. 2. c. 2. § . 1. That the Government of the Church ought to be administred by officers of divine appoyntment . And now what shall become of that Government by a superiour order above the standing ministery ; for a prelat as a superiour order is a distinct officer from presbyters ; & so must have a divine appoyntment , & if he hath a divine appoyntment , 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 prelats must be juris divini : & if upon the other hand , he be really a distinct officer , & hath no divine warrant , or appoyntment , the Government of the Church by prelats must be utterly unlawfull .

But what sayeth he to this objection ? Part. 2. c. 4. § . 11. These officers are only said to be new that were never appoynted by Christ : & the Church may appoynt none such : but if such be meaned as have a Charge of more then one particular congregation by the consent of pastours themselves , such an officer is not ne●… ; for beside the generall practice of the Church , from the first primitive times , which have all consented in the use of such officers , we finde the foundation of this power laid by Christ himself , in the power which the Apostles were invested in , which was extended over many both pastours , & Churches ; & this power must be proved extraordinary , before it can be said to cease ; & that must be done by some arguments proper to their persones ; for if they be of a morall 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 Gospell did cease with them ; but that after their death it became unlawfull to take Charge of di●…ecesian Churches I deny ; for to make a thing unlawfull , which was before lawfull there must be some expresse 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 & pastours , for he will not grant that that power in the Apostles was extraordinar , for he sayes 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 Prelats must be one upon the matter , and so Prelats 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 paines to prove that antiquity is most defective in the times immediatly after the Apostles , & that none dar with confidence beleeve the conjectures of Eusebius at 300 yeers distance from the Apostolicall times , when he hath no other testimony to avouch but the hypotyposes of an uncertaine Clement & the commentaries of Hegesippus , &c. Pag. 296. 297. 3. To let this passe . Mr Stilling sleet would do well to shew whether the office of Apostles ( which is a distinct thing from their extraordinary immediat mission ( which he is pleased to make the maine distinguishing note of an Apostle ) & also from the power of working miracles to confirme the truth of what they preached ) did cease by God's warrand 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 pastours ? & 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 prelacie , & if that power or office be not laid a side with God's warrand & 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 necessitie of the office , as in their persons for the first preaching & propagating the Gospell is ceased is nothing to the purpose , for he must speak of the office , as it is the same with the office of Prelats . It is certaine the necessity of the office as in their persons must cease , because they are gone , & the work of first preaching & propagating the Gospell , 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 warrand , then how can any raise it up againe without his expresse warrand ? 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 againe , or till men pleased to raise it up , at their owne pleasure : This last cannot be proved & therefore seing God thought fit to lay is aside & gave no signification of his minde , when the Chur●… should be at liberty to make use of it againe . It must now be a●… new office unwarranted of God & so unlawfull . 4. That rule , th●… to make a thing unlawfull , which was before , lawfull , there must be some expresse prohibition for bidding any furder use of such ▪ power will not alwayes hold in this case ; because some oth●… thing may be equivalent unto an exprese prohibition , 〈◊〉 when God removeth the speciall propper work of such an office , & the speciall 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 , &c. so were there workers of Miracles , & such as had the the gift of healing , & of speaking with tongues . And when God withdrew those gifts fiting those off●…cers for the work unto which they were then called , did he not therby declare that it was his will that that office should cease ? & was there a necessity for any other expresse probition ? And because of the want of this expresse prohibition will it be lawfull 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 speciall 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 & warrand it must be unlawfull to set up such an office againe . This will be clearer if it be considered what was the speciall work of an Apostle It was this . A planting of Churches , & setling of the Gospell government in them , by ins●…nteing the standing officers thereof , & that by an eminent power immediatly granted by Christ to them , solely . This was their speciall work , & this ceased with them , & so did their office with it , As also the qualifications : And therefore it would be unlawfull now for a Church at here own hand to set up such an officer againe though there be no expresse probition . By this it is clear . 5. That the power & office of Apostles laid no foundation for prelaticall power , the work belonging to them as such , being altogether extraordinare . It is true , their power did extend over many Churches & pastours but yet . 1. They were not fixed to such & such particular dioecies , as propper 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 ordaine alone in Churches constituted . nor . 4 Did they exerce jurisdiction alone , but alwayes they joyned others with them in Churches setled . 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 appertaine to them as Apostles . 6. Neither finally were they consecrated & ordained after the manner that prelats are now consecrated , being first made Deacons , & next Presbyters , & then Bishops , so that there is a vaste disparity .

But distrusting this answer he giveth a second §. 12. to this purpose . The extending of any Ministeriall power , is not the appoynting of a new office , because every Minister hath a relation Actu primo , to the whole Church of God , the resiraint & enlargment 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 personall capacity , but as to the power of jurisdiction , though it belong habitually and Actu primo to each presbyter , yet being about matters of publicke 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 actis primo hath a relation to the whole Church & so might be a Pope , if the supreme Magistrat 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 , Patriarchs , Primats , Archbishops , as well as for Bishops . But it will be objected that the Pope pretendeth to some other thing as the warrand of his power even to a jus divinum Ans. & so do prelats , 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 feigne 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 fundamentall lawes of the land , and would alledge 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 Generall or the like ; & he who calleth himself King , is nothing else , notwithstanding that he rule the commonw . 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 , prelats rule & domineer with as absolute & unlimited power , as ever any did , & when it is alledged that they account themselves distinct officers from , & superiour to other presbyters , & that there is no warrand for any such officers Mr Stillingfleet , their new advocat 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 Prelat & let them pretend to never so high & speciall commissions , as speciall & distinct officers , yet they may be submitted unto & obeyed , this mentall 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 answere 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 answere 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 rable & ten times moe come in , they may be submitted unto ; for really there can be no other officers in God's house , but pastours & 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 Matthias had not such a mission as Iames , Iohn & Peter & the rest had & yet all of them were Apostles & Matthias no lesse then 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 certane that prelats 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 betuixt 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 betuixt one who receiveth commands from others as accountable to them , & one who taketh upon him to command them as he thinkest best : & betuixt the generall 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 Kingdome as his counsellours 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 betuixt these , then indeed he cannot be much blamed for thinking that the prelat whom he busketh , is one & the same with the prelat of whom the controversie is . But in sober sadnesse let it be asked of Mr Stillingfleet ; If he did satisfie 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 prelats 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 Churches pleasure : Or not rather that they choose & ordaine the presbyters , & commissionat them , calling them to an account , & punishing as they think sit , usurping & useing this power as their owne , 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 , seing Mr Stillingfleet will not owne them as Church officers ) but their distinct peculiar work & ordination : & so since prelats 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 prelats that ever were yet in the world , did look upon themselves as distinct from presbyters : & all who ever wrote of prelats , took them up as such ( whether Iure Divino or Humano all is one , as to this bussinesse of their being distinct ) till Mr Stlling fleet did vent his new notions . 7. That a judicature which acteth joyntly in matters of jurisdiction , may , in some particulars for facilitating their execution , impower one or moe of their number for that effect , is easily granted ; but that they may so Impower them , as to denude themselves wholly of the power ; & so enlarge the power of others as to null their owne ; must be otherwayes 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 answere 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 cleare this particular , shewing that such a delegation is not lawfull 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. Ioh. 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 then 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 Prelats arrogat to themselves , a speciall or sole interest in the power of order , as well as in the power of jurisdiction , & therefore they stile themselves the only Pastors of the Dioecies , & say that the Presbyters are but their Substitutes & Vicars ; And it is certane 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 rancke 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 meerly from the power of jurisdiction . 8. How cometh the Christian Magistrat in here to appoynt the constant limitation , & exercise of the power committed by Christ , unto Church Officers ? This is a very great power granted unto the civill Magistrat & some warrand would be seen for it : But this is not the proper place to examine his notions concerning the power of the civill Magistrat in Church matters . Enough of this observation .

Obs. 5. With Presbyterians ; the practice of the Apostles , & of the Churches in their dayes , following their appoyntment & command , is of much weight . It is true their examples as examples , do not binde ; But when the Lord hath sent them forth , for this end & errand , to plante Churches , to ordaine new offices , & officers , immediatly under him , and to appoynt unto these officers , their proper work , & to show them how & what way they should goe 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 then their practice & example ought to be followed . Seing they were sent forth for this end especially , viz. to reforme & setle Churches in doctrine , worship , discipline & governement , according to a new Gospell modell , 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 speciall 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 goe & teach all Nations all things which he had commanded them : & Act. 1 : 2 , 3. Speaking to them of the things pertainting to the Kingdome of God . By which sayeth Calvin on the place , Is signified that Christ would not goe away till first he had seen to the governement of the Church , carry a law in their bosome , & say that their example is obligeing : And when there is a law or warrand for following such an example , it is but in vaine 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 morall naturall are obligeing ( 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 morall grounds , that are of perpetuall concernement , become actions morall naturall , & so obligeing ? Is not their example in observing the first day Sabbath , obligeing ? And why ? He sayes , because there was a morall law standing in force concerning the observation of one day in Seven : Why then shall not their example in observing such or such a forme of governement be obligeing , seing there was a morall law standing in force concerning the governement of the Church in generall ? Is there any rule extant making their example in the one case obligeing , & not in the other ? If the Apostolicall practice in the one case make an Apostolicall 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 writtings do sufficiently evidence an institution ; we read of elders in Ierusalem , & 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 foure 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 obligeing others , as preaching without maintenance , &c. 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 vertue of their speciall office & calling , of which kinde , 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 livelyhood otherwise , as Paul had who said , he robed other Churches , 1 Cor. 11 : ver. 8. & when there is no other way to stope the mouthes of false teachers , who thereby take occasion to hinder the good of the Gospell , 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 binde by vertue of their doing them , any furder then a parity of reason doth conclude the same things to be done , as Paul's celebat , communitie of goods , their preaching from house to house , absteaning from blood , &c. 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 , then such actions as are done upon morall & lasting grounds . 3. If even those actions binde upon the ground of a parity of reason , much more will these binde upon the same account : for whatever ground or reason be given why the Apostles followed such a modell of Government in their dayes , will stand good now , & evince that the same modell ought to be followed . 4. And where as he sayeth before an acknowledged Apostolicall 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 severall circumstances of time place and persones ; 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 forme upon the severall 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 publicke places & yet when they had liberty they went to the temple , & to Solomons 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 scandall , & not alwayes ; for Paul taketh off this . 1. Cor 10 : 25 : when he sayeth whatsoever is sold in the shambles that eat asking no question for conscience sake & againe when he sayes . 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 kinde that can be showne , in the matter of the species of Government as shall further appear when his alledgances are answered afterward .

3. He sayes officers that were of Apostolick appoyntment are growne out of use in the Church as widowes . 1 Tim. 4 : 9. or diaconisses Rom 16 : 1. Ans. These Diaconisses were not Church-officers having any Ministeriall 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 countreyes , & because now there is no such necessitie for their work , themselves are laid aside . But 2. are there not severall 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 Apostolick 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 appoyntment , 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 appoyntment : & then what hath this to do here where the examplary practices of the Apostles are only spoken of ; which yet to presbyterians in the case of Government will speak faire for a divine institution . finally if it could be cleared what was & ought to be the proper work of these Widowes & 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 & customes apostolicall are altered 〈◊〉 dipping in baptisme , love feasts , holy kisse , & therefore men do not think that apostolical practice doth binde . 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 bindeing therefore in nothing : This argument will not hold . 2. There is a great difference betwixt rites & customes , which are alterable : & such & such formes of Government which be of a more lasting nature . As for dipping in baptisme . It is no where commanded , nor was it constantly practised by the Apostles , nor other Church officers : It is true they were commanded to Baptize , but this will not necessarily import baptizing by dipping ; for baptizing any thing may be otherwise then by dipping , as these places do cleare 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 severall times found that they baptized , when & where they could not get Dipping used as , Act 2 , 41. & 4 , 4. Where such multitudes could not be gotten dipt , 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 privat 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 continuall 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 custome 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 writting to the Corinthians Epist. 1. c. 11. v. 22. sayeth have yee therefore no houses to eat & drink in ? And so would have them forbearing that custome , which they had so much abused . Their custome 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 Kisse It was only a civil custome used then in saluteing one another , & was not of any Apostolicall institution : famous Voetius Polit. Eccles. Pag. 466. sayeth that this Kisse was a common rite in its Kinde & forme , used according to the received custome in toaken of love , friendshipe , familiarity , as also of subjection and againe Pag. 467. of what soever kinde & forme it was , it was nothing but a common signe of love , good will , acquaintance , friendshipe , familiarity , courtesie , reverence & honour in thwir meetings , conferences , & salutations , especially in the Eastern conntreyes 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 Kisse , but when he doth so he doth not institute the Kisse 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 Kisse as that Prov. 7. 13. & Hypocriticall , like that Mat. 26 , 48 , 49. And it is called holy because the Kisse of Holy & true charity as 1 Pet. 5. 4. And againe he sayeth It is propounded be●…y of a command not generall , but speciall according to the particular & present circumstances of time place and persons .

Thus it is apparent that for all these foure reasons of his , the practice of the Apostles in the matter of Governement , ●…being a bussinesse unto which they were called , & for which they were endued , & specially assisted by the Holy ghost , is obligeing & 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 setling the Government of Churches , but setled it according to the severall 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 setle Presbyterian Governement , & in other places Episcopall Governement , he shall gaine his poynt : And therefore his strength in this particular must be tryed .

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 customes observed in severall Churches as t●… their Governement 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 dayes of the Apostles will not prove what the practice of the Churches was , dureing the dayes of the Apostles , nor what the practice of the Apostles was , unlesse it could certanely be manifested , that these Churches did punctually follow the practice of the Apostles which he will neither affirme nor undertake to prove , unlesse he would flatly contradict himself . As to the second ground it cometh not up to be a sufficient ground for this position unlesse 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 formes or models ; for the way of setting up a model is adistinct thing from the modell itself : the modell or species of Government might be the same whether erected in a place immediately by the Apostles themselves , or mediatly 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 governement , after an Episcopall manner , but conjunctly with other Presbyters , in Churches constituted ( & what extraordinary course they tooke in Churches not yet constituted is not much to the purpose in hand , for their way of erecting a modell thus ; being extraordinary , is not necessarily imitable . ) And thus one species viz. Presbyterian is directly pointed forth .

But most of the stresse lyeth on the first ground , for proving of which he layeth down two particulars . 1. That in Churches consisting of a small number of beleevers , 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 beleevers , or where there was a probability of a great increase by preaching the Gospell ; The Apostles did setle a colledge of Presbyters , whose office was partly to governe the Church already formed , 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 imployed 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 appoyntment : But ( that a word only may be spoken to it here ) his glosse agreeth not to the place : for 1. This glosse maketh the ministery 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 maine difference betwixt these two should lye in the word 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 where as the Apostle maketh the difference to lye 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 finde this word 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 given to others even to such as were fixed to some certaine place , as 1. Thes. 5 : v. 12 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 . 4. These unfixed preachers behoved to be either Evangelists , & such like extraordinary Officers , or ●…reaching Presbyters ; Not Euangelists , 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 alwayes teacheth that Presbyters were fixed to certaine places ( what Presbyters might do , & did when scattered abroad by reason of persecution , is another question ) Elders are ordained & appoynted 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 countreyes and cities ordained the first fruits of such as beleeved 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 cleare 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 certaine the place it self 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 moe Bishops as for moe 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 appoynted , & then the Apostle writteth to Bishops & Deacons ( for the Apostles could not setle all things at first ) for there was a necessity of Presbyters & Deacons , for by these two Officers , all Ecclesiastick 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 writter 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 beleeved without a word of Scripture to warrand the same ? Yea must they be beleeved when they speak contrary to the word ? Be it so that there was a time in which there were Presbyters & Deacons , & againe 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 alwayes 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 appoynted ( of which there can no warrand 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 plante Churches & not to countrey villages , where gentilisme did long thereafter continue , whence these of that religion were called Pagani ) what will this speak for Episcopall 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 joyn with the presbyters one or moe 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 Episcopall power : Therefore though this were granted to him the Government may still be presbyteriall . 4 , How can Epiphanius say that the Apostles could not setle 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 , & superiour unto preaching Presbyters setled in a Church alone with some few deacons . The reader may see this passage more fully examined by Wallo Messalinus , pag. 102. & pag. 277. &c.

The next author which he citeth is Clemens Alexandrinus out of Eusebius saying . That Iohn after his ret●…n from Pa●…mos went abroad into severall 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 seteth 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 townes and fewer in lesser tow●… b●… villages , or litle parishes , one only , especially when there was no ▪ 〈◊〉 number of beleevers . And now let any ●…dge it there c●… 〈◊〉〈◊〉 thing gathered thence for Episcopall 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 setle presbyterian Government , & 〈◊〉 places Episcopall , otherwise he is but beating the winde : for no asserters of Presbyterian Government did ever yet finde them selves necessitated to maintaine , that the Apostles did set up an equall number of Presbyters in every Church , or yet a plurality of preaching presbyters in each village , or countrey place , or such as the Greeks call 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 or 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , so that though all this were granted his poynt would not yet be proved .

At le●… he citeth Ambrose ( or rather ●…ilarius ) in Eph. 4. saying primum enim , &c. i. e. at first all did teach & all did baptize , at any time , or on any day — but when the Church took in all places about , there were conventicles instituted & there were Governours & other offices appoynted that so none might assume to himself that office which did not appertaine to him , not being as yet ordained — & therefore the writtings of the Apostles do not in every poynt agree with the ordination which now is in use in the Church &c. But how this can speak home to the poynt i●… not discernable ; For the author is to give the ground why the writings of the Apostles were not suiteable to the times in which he lived , viz because matters were other wayes setled in his time then in the dayes of the Apostles : and will any hence inferre that the Apostles setled Churches with distinct formes o●… models , because after ages did so ? who will beleeve 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 writen near to the end of his dayes . 3. Though there had been some change & alteration even in the Apostles dayes , as to the manner of going about the work of preaching and baptizing ( & these are all the particulars , which the author mentioneth ) & some order setled thereanent , which had not been setled 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 setled 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 , Episcopall ? By what Medium will this consequence be proved ? 4. But how how shall it beleeved that things were better setled afterward then they were in the Apostles dayes ; 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 setled forme in Governing Churches , but only Acted according to the principles of humane prudence , according to the necessities & occasions of the severall 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 beleeve them , seing the law & the testimony showeth the contrary , as may be seen in the writings of such as plead for Presbyterian Governement , where they shew that the Church of Ierusalem Ephesus & others , were Governed by the common consent of Presbyters , & that the manner of the governement of all Gospell Churches mentioned in the new Testament was uniforme .

But he hath another thing to say against the practice of the Apostles , viz. That we cannot have that certainety of Apostolicall 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 customes of the jewish synagogue . And thereupon proceedeth to cleare both what the Governement of the jewish synagogues was , & how the forme set up in the Christian Church did correspond thereunto ; all which concerneth the bussinesse in hand litle or nothing ▪ & there fore may be passed ; seing it is not very materiall 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 forme of Church Government which was to continue , & such a Governement as had the stamp of divine authority , or of a divine institution ; But now , no jewish Governement as such , could have this ; but only such a Governement , as these , by their practice did institute , who were thereunto appoynted of God , & extraordinarily called & qualified . And moreover if the jewish Synagogues were Governed uniformly , & if the Apostles did set up a Governement in the Gospell Churches , in a way correspondent there unto , It will inevitably follow that the Apostles did take an uniforme way in setling the Governement 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 setle a Governement among them ? The uncertanety of this matter of fact , he thinketh to evince by three arguments . The last of which viz the defectivenesse , ambiguity , partiality & repugnancy of the records of the succeeding ages which should inform●… 〈◊〉 what Apostolicall practice was ( which he prosecuteh largely & satisfactorily From §. 16. to §. 19. ) may be passed , as concerning the bussinesse 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 dispaire , 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 then is this The equivalency of the names & the doubtfulnesse of their signification by which this forme should be determined — now there is a fourefold equivalency of names Bishop & Presbyter . 1. That both should signifie a Presbyter as . Theodor in 1. Tim. 3. 1. 2. That both should signifie a Bishop . 3. That both should signifie promiscuously some time a Bishop and sometime a Presbyter . and. 4. That the name Bishop alwayes imports a singular Bishop , but the name Presbyter doth promiscuously signifie both — equivocall 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 forme of Governement , 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 beleeved all these passages which are made use of against them , do carry another sense , & must be otherwise interpreted , & so all scripture must goe under the name of equivocall sentences , & must be laid aside . 2. Presbyterians do not lay the stresse of their bussinesse upon the name ; They have other things whereby to prove their poynt then either the one name , or the other ; And so this doth not concerne them much . 3. The question betuixt Presbyterians & their adversaries is this , whether there be such an officer as a prelat having superiority of jurisdiction over Presbyters & people , & sole power of ordination , instituted by Christ ; or not : & not whether these two words signifie one thing or another ; for it is granted by all the Episcopall party ( except one who in his Annot on act 11. sayeth that there is no evidence whereby these inferiour presbyters may appear to have been brought in the Church so early . ) That there were presbyters ordained in the Apostles dayes ; 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 writting some centuries of yeers after the Apostles dayes , & speaking of the state of the Church in the Apostles dayes , after the forme & manner in their times , concerning the promiscuous use of the two names , it doth no way wrong the cause in hand , untill it be proved , that there was indeed such an officer in rerum natura , & this is not yet done . 4. Whatever these names may signifie is not very materiall , but what indeed they do signifie in such & such places : And if there was not such an officer in the dayes of the Apostles , as a Bishop distinct from a Presbyter ( as shall be supposed untill it be better proved then yet it is , ) it will necessariely follow that both those names must signifie 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 bussinesse , especially when the maine 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 seing 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 shew that an inferiour officer was stiled & called by the name , properly belonging unto a superiour officer where will he finde a Deacon stiled a Presbyter Apostle ●…phet or Evangelist ? Where will he finde a Presbyter stiled a●… Apostle or Evangelist ( taking these names as restricted to be peculiar names of two extraordinary officers , & not in their generall 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 superiour 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 , then a Presbyter , as to Phil. 1 : v. 1. it is beyond all denyall : & as to Tit. 1 : 7. Act. 20 : 28. There the Bishops are expresly 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 Apostolick times ? 6. Had Mr Stilling fleet once proved that there was such an officer , as a Bishop distinct from , & superiour to preaching Presbyters , instituted by the Apostles , in any of the Gospell Churches , then this notion touching the promiscuous use of the two names had said something ; But seing that is not done , both these names must signify , & import one & the same officer : And so these two names shall be synonimous , & not equivocall .

The second thing which he allaidgeth is this The places most in controversy about the forme of governement may be understood without any apparent incongruity of either of the different formes . Ans. It is certaine they cannot be understood of both , onely 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 onely conclude , that there is a difficulty to finde out the species of Government which these places speak to ; but not that there is a liberty granted to owne either of the two , because it is not well known which of the two , the places cited , do most favoure . He is pleased to name some few passages , & these none of the clearest for the Presbyterian cause . But to passe this piece of unfaire dealing , the passages which he mentioneth shall be examined , & then some others shall be adduced , to which his answers will not so well suite .

The first passage which he citeth is Act 11. 30. Which ( sayeth he ) may either be understood of the elders of the Church at Ierusalem or of the several Bishops of the Churches of ●…udea . Ans. Is it credible that learned Mr Stilling fleet could satisfie 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 Ierusalem want a Bishop when the other lesser Churches of Iudea had ? If Ierusalem had also a Bishop who was he ? He will not say that Iames was Bishop there , for Iames 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 expresly 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 expresly for it ? If there be no passage clearing that Bishops were instituted by Christ or his Apostles , every passage which speaketh of the governement of the Church by Presbyters , excludeth Bishops , if it do not expresly & directly include them , as this passage doth not . But 3. Look the context & this will be cleared : It was the Church of Ierusalem that sent Bar●…bas thither to Antioch . Ver. 22. And Agabus the Prophet who did foretell of the famine was come also from Ierusalem , Ver. 27. And so it was to the Church of Ierusalem that Barnabas was sent back againe , with this contribution ; Because this was the chief Church where were many Christians : & there are few plantations beside found , as yet in Iudea , that could make up Bishopricks .

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 Iudea . ] Ans. What was said to the last , may be replyed 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 Ierusalem , that they should goe up to Ierusalem to the Apostles and elders . 2. When they came to Ierusalem they found the Apostles & elders , there present : what could the Bishops of all Iudea be doing there at that time ? If it be said , that they came together upon this solemne 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 certane of the Sect of the Pharisees arisen which beleeved saying that it was needfull to be circumcised , &c. ] 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 severall dioecies of Iudea , 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 Ierusalem , ] or who belonged to the Church of Ierusalem , 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 sayes , They might be the Elders of the severall Churches of Iudea , he seemeth to prevaricat , for the poynt of difference is not betwixt Elders & Elders ; But betwixt Elders & Bishops , & betwixt the Elders of that particular Church of Ierusalem , & the severall Bishops of the dioecies of Iudea : But it seemeth he blushed to name this once , & therefore thought it best to put in Elders , but this was not faire dealing . Neither is his conclusion faire 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 Ierusalem 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 Ierusalem at all , & no Governours there , but Apostles one or moe . Moreover it is sufficiently proved by the Presbyterian divines ; that the Apostles , when acting in governement together with other Elders or Officers , did not act as Apostles , but as ordinary Officers ; And also that Iames did not govern the Church of Ierus ▪ 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 moe Elders . Ans. whether was this single Presbyter a Prelate ▪ or not ? If not , what is this to the present question ? The governement may be Presbyteriall where one Minister is fixed to one particular flock . If he was a Prelat , where were his Presbyters under him ? 2. It is true 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 will signify no more but Ecclesia●…m , Church & Church ; but will 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 signifie 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 severall Churches ●…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 remaine all that time at Ephesus as appeareth Act. 19 : 20 , 22 , 26. But this cannot so much as ground a probability ; for it is certane the most part of his abode was at Ephesus , for full two yeers & three moneths are specified Act , 19 : 8 , 10. & the rest of the three yeers ( if there be not ro●…ndatio numeri here ) he might now & then have visited other parts , & have most of his residence at Ephesus , heither reaching in the Synagogue nor in the School of Tyrannus , where he had taught two yeers & three moneths : & so , granting that he might have made some visits , unto the other parts of Asia , dur●…ing , these Nine moneths ; 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 , againe it will not hence follow , that others then these of Ephesus were there , more then from these words v. 25. Y●… all among whom I have gone preaching the Kingdome 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 Iudea 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 flocke & Church were the Christians of Ephesus & that all these spoken to were such as had a pastorall charge of this one flock . ]

Thus it hath been showne how weak the ground is , upon which Mr S●…illing fleet walketh , & how litle reason he hath to conclude his notion from these passages which he hath mentioned : & furder the groundlesnesse of his conceite 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 thorow that epistle they shall easilie 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 episcopall power . In this Chap. the Apostle speaketh to them all alongs in the plurall number , & Mr Stillingfleet , who is no friend to the independent way , will easily acknowledge that what is there said was spoken to the Church Governours : So then , Mr Stillingfleet must say that these Governours 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 Episcopall 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 Episcopall 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 shew 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 warne the unruly , &c. So that in this one Church there were severall 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 formes . And seing 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 setling Churches . So much for this observation .

6. It may be observed ; That Presbyterians have more then the practice of the Apostles , even their positive institutions , in these few particulars . 1. In ordaining & instituting such & such Officers , as Pastours , 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 replyd to this formerly , this may be added here . That if this be truth which Mr Stillingfleet affirmeth , he hath wasted much paper and paines in vaine , when he went about to prove that no certanety of the practice of the Apostles could be come at whether they did set up episcopall or Presbyterian Governement ; for these should not be two distinct Governments : And he had a shorter cut for Answering all the places of scripture , then the way was which he took : Yea he might have spared his whole book , & given out this one Thesis for all , viz: [ Though Presbyterian Governement be Iuris Divini yet the Presbyters , may lawfully intruste one of their number with some speciall 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 , then now he hath . But it is not good to be wise above what is written , & it is best wisdome & 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 waite on his Ministery , & 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 joyntly , for the officers of the Church of Corinth were appoynted to conveen together that they might deliver the incestuous person unto Satan 1 Cor. 5 , 4 , 5. So the brethen the officers of the Church of Thessalonica were exhorted to warne the unruly . Now lay all these together . Such & such officers , set to such & such work , & appoynted to attend the same , & ordained to Act joyntly in matters of government , & there is a species of Government , & a species warranted by Divine institution viz: by Apostolick commands ; for these positive commands are of a lasting nature till God repeale them againe . Himself giveth some 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 Marks , whereby to know when positive lawes binde immutably , the first whereof mentioned Part. 1. c 1. § . 6. & Part. 2. c. 2. § . 2. Is usefull 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 lesse 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 lesse 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 easie 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 excommunicat , did binde 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 uselesse , & as an almanack out of date . Enough of this consideration .

Obs. 7. It would seem to be a great reflexion upon Iesus Christ who was faithfull to him that appoynted him , & that as a sonne & so beyond Moses who was faithfull as a servant , Heb. 3. 2 , 5 , 6. To say , that he hath not appoynted a standing forme of Governement in his house . Mr Stilling fleet replyeth Part , 2. c. 4. §. 1. 1. That then it must be made appear that the setling of this forme 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 lawes , & inwardly by his spirit , but shall we say that therefore any one forme of Governement is necessarie which is neither contained in his lawes nor dictated by his spirit ? Ans. No , not at all , for the Government which Presbyterians do account necessary is both contained in his lawes & dictated by his spirit , as is showne ; & they reject all other formes only because they are not contained in his lawes , nor dictated by his spirit . He replyeth . 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 & straitly , 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 severall things , much was left to the liberty of the jews . But to say that the modell of Governement should come in among circumstances is to speak without any proof or sure ground , especially when the Change of the modell will be the bringing in of a new officer , which himself will not grant to be a thing left to Christian liberty . He replyeth . 3. That there is such a disparity betuixt the Gospell & jewish state as will weaken the argument Ans. Of these disparities he nameth foure The first whereof is the same with that which went before , viz. our Christian freedome from ceremonies & the like . But will it hence follow that Christians now must be at liberty to choose what forme of Governement they will , popish prelaticall , Erastian , independent , morellian , or Presbyterian ? Must they be at liberty to choise 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 licentiousnesse , & 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 passe with the morality of Church governement in specie , for his grounds will lead him sorth 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 materiall ; for this is certaine . Moses was faithfull 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 minde : 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 then the state had .

His third difference is , That the jewes were a whole & intire people when one set forme of Government was prescribed them , but the Church of Christ , was but in forming in the dayes 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 kinde conforme to the multitude of beleevers , but will not evince a necessity of having new officers . It will plead for the enlargeing 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 growne in years : yet a garment of the same kinde of cloath 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 episcopall then , it should be presbyterian now ; for the larger the Church is she requireth the moe Governours . 3. There is mention made of the Churches of Iudea , Galatia , Asia , Syria & Cylicia ; & so of many large countreyes & territories converted unto the faith , and why might there not such a modell of Government be fallen upon , in those large countreyes , as would suite whole Kingdomes ? 4. It is sufficiently known that Presbyterian Governement will suite all Churches , be they lesser , be they larger : were there but one congregation of beleevers in a countrey , Presbyterian Governement will sit that litle Church : & againe were there great Kingdomes & nations converted the same Government would suite them , & most certainly attaine the end for which it was appoynted . 5. If the forme of Church Governm . which Moses did appoynt did suite the jews both when they were in the wildernesse walkeing as an army & when they were setled in the land of Canaan , in a formall & compleat Kingdome , & where their number was multiplied , & when they were under Various sorts of civil Government sometimes under Iudges , & sometimes under Kings ; shall Christ be lesse faithfull , & not appoynt such a Gospell Government as will suite a greater Church as well as a lesser , & suite the Church under whatsoever kinde of civil Government she may be ?

His fourth difference is almost the same with the second , for it is this , The jewes lived under one civil Government ; but Christians under diverse formes , & then as Church Government , at the first was formed according to the civil Government so should it be now . Ans. That the jewish Church Government was of the same kinde with the civill Governement is not yet proved , & it cannot be yeeld ed without probation . 2. The parallel betwixt Christ & Moses , lyeth not in this , that both did follow one immediat 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 appoynt a government which should unalterably endure so long as the temple , the typicall & dark dispensation should stand ; so Christ should appoynt a forme which should unalterably endure so long as the new dispensation should last , that is , untill the end of the world ; for Christians look for no other change . 3 One & the same forme of Church Government will suite all Churches now , in all time coming , under what soever kinde 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 forme of Governement , then that he ought so to have done . Therefore we shall shew that Christ hath so done indeed . And what the Apostles did at his command , or by vertue of the commission he gave unto them , will easily be granted to be equivalent . But to passe this , Christ himself hath laid down the maine ground & foundation of a species of governement in Math. 18 : ver. 15 , 16 , 17. For there he is setting down a course , for the removing of scandalls that will fall out among his Disciples , & followers , & ordering the matter , so that when privat meanes will not gaine the offending brother , more publick meanes must be used , & he must be brought unto the Church judicature , & that Church judicature hath power to excommunicat him , if so be he heare them not , as to the removing of the scandall . It is true many parties endeavour to presse these words for their own use , but it will not hence follow that therefore these words are incompetent to determine any one forme ; for if this ground be relevant much of the scripture should become incompetent to determine matters of faith & doctine ; because severall parties labour to wrest the same to their own judgment . It would be tedious here to examine the clames 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 judgment , 2. part . cap. 5. §. 8. & first he taketh the trespasses mentioned to be matters of private offence & injury , & not matters of Scandall , & his grounds are these . 1. The parallel place Luk. 17 : ver. 3. is to be understood of privat injuries ; because it is in the power of each privat 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 bussinesse , & a forgiving which must not be granted untill 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 Scandall , which , unlesse the offending brother be gained , must be prosecuted untill the yondmost step be used . 2. He sayeth , It appears from the next words of Peter , ver. 20. This is another of Erastus's shifts : But for answere . It will not appear till Mr Stillingfleet first cleare that there is such a connexion betwixt these verses , as will undoubtedly demonstrat that one purpose is to be understood in Both. But commentators shewe the matter to be otherwise , & indeed there is nothing that can so much as ground a probability of such a connexion here , unlesse 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 , &c. And yet this was not immediatly after what was said before , as will appear when compared with other Evangelists : And so since it is not certaine that this was immediatly 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 knowes it . Ans. It is not said that every such scandall or trespasse whereof only one is conscious should be brought in publick , but that more noture scandalls ought to be brought before Church judicatures , when more privat admonitions will not gaine the offender . But 2. This inconvenience will recurre upon himself , in the case of privat offences .

But next as to the word Church he sayes [ It is a select company called together to hear the whole cause & this was agreable 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 alwayes import a company imbodied in a stated way , as a fixed congregation , either for governement 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 Magistrat . 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 conveened in the name of the Lord Iesus to take course with a scandalous person , 1 Cor. 5. Againe 4. No commentator taketh the words so , only Grotius & other Erastians put such a glosse 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 obstinat refractary 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 privat men this power to passe such a sentence ? But 2. This must be a Church sentence because it is added , Whatsoever you shall binde on earth , shall be bound in Heaven , &c. To this he replyeth , That the meaning is , it is an evidence , that his sin is bound upon him , & that he is lyable to punishment . But how is his sin bound upon him , or how is he made lyable 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 subjecte 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 cloathed 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 Aarons rod blossoming though he will not so much as once take notice of his replyes . 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 presse his followers to beware of that evill , 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 cleare 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 reall 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 Ioh. 8 : 9 , 46. & so the LXX . use it Lev. 19 : 17. where sinnes & scandals are spoken of . 3. He sayes 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 Iam 5 : 20. Hence . 2. It would be considered that the Christian's scope in this bussinesse should be to gaine the man's soull , & for this cause he is to assay all calme , peaceable gaineing , & private meanes , to bring the offending brother to conviction , & acknowledgment of his fault ; & so first speak to him alone , & then take some others with him to be witnes both of his Christian carriage towards him , in desireing to have him gained , & of his unwillingnesse to be gained ; that so they may bear witnesse of both , unto the Church judicature . 3. When privat means do not worke , 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 usefull , & 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 binde & loose . That Church which hath power to binde & loose with a promise of the ratification of what they do , in heaven . That Church which hath the keyes Mat. 16. & power authoritatively to pardon & retaine sinnes , Ioh. 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 passe a sentence upon him , & this sentence is the sentence of excommunication , as learned Mr Gillespy hath abundantly shewed Aaron's rod. book 3. c. 2. & 3. Hence it is clear . 5. That here is set downe the way of taking away Church scandalls , by inflicting Church censures : And this by Christ's appoyntment 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 prophane writtings 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 graduall 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 lawfull use of excommunication , as he confesseth also ; But also for the species or modell of Government ; Or for the manner of the constitution of the judicatures , which should excommunicat & take notice of Church scandalls ; for it is called the Church , & so cannot be meaned of a prelat 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 forme of Government in the Church , part. 2. c. 4. §. 4. 5 , 6. &c.

This is a great undertaking and his arguments must needs be very strong , but whether so or not , the reader may judge .

The summe of the first is this If there be any such institution of Christs , as a standing law , it must either be expressed in direct termes , which cannot here be showne : 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 drawne by a necessary consequence , must be expressed in scripture . Ans. It hath been showne that the practice of the Apostles was for a forme of Government , and from their practice , a law may , by necessary consequence , be drawne , considering their place , & office ▪ how they were sent forth to plant Churches , & to set up officers & to appoynt unto each of them their proper work , &c. And for this cause were endued with extraordinary qualifications & assistence , confirming their commission by many signes & wonders : And this carryeth an obligation in its bosome . There hath been showne also a standing law of Christ's , from which a forme of Governement may be deduced , a standing law , about the removing of scandals which will found a species of Governement 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 satisfie , let Mr Stilling fleet satisfie himself with the standing obligation of the moralitie of the first day Sabbath , & he shall with all satisfie himself as to the standing obligation of the moralitie of a species of Church Governement : 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 Governement : If he say in the bussinesse 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 Governement , for there was a law for a Governement in genere , & this law drawn by consequence , from the practice of the Apostles & primitive Church , is but an application of that generall to a particular species of Governement .

His second arg. is this All the standing lawes respecting Church Governement , are equally applyable to severall formes Ans. Are they applyable to the hierarchie , to Erastianisme , to independency , & to Morellianisme : Or only to Presbytery & Prelacy ? If only to these two , then all other formes but one of these two are utterly excluded , & there is no more liberty left save to make choise of one of these . But what if this ground of his shall not hold ? He referreth all the lawes to these three heads The 1. Head is the qualifications of the persons for the office of Governement , & 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 , &c. 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 forme , then it cannot be left to the will of men to set up such a forme , & so is the case here . The precepts are not applyable unto prelats : Is one man able to exhort , reprove & watch over a whole dio●…cy his alone , seing 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 hundered ministers could not get well watched ? God layeth not utter impossibilities on his officers . So then seing these precepts are not applyable unto any other forme , then Presbyteriall , 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 then 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 concerne Gospell Churches now , as much as any of these precepts in the Epistles to Timothie or Titus ? And how is it imaginable that it can be applyable unto one man ? Sure then this command is not equally applyable to both formes ; For a precept given to a collegiat body , to meet together , is not applyable to one single person . The 3. Head is generall 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 scandall , that all be done decently in order , & to edification . Ans Well then 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 prelat , 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 , then 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 bussinesse the matter of the Governement of the Chuch is , & of what great consequence it is to have it modelled aright : For experience hath made it appear , how much more effectuall ▪ for keeping of the Church of Christ pure from errour & heresy , & for beareing downe of Prophanity , & for promoving of the work of Godlinesse in power ; one species or forme is , then 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 Governement : Especially considering with what byasses & by-respects , the most of men are ready to be carryed , & how readyall are to modell Church Governement so as may most suite 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 Gospell , & the p●…terne there set down , they run wilde , & never once consult the edification of the Church , or the promoveing of the work of God in souls , &c. 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 phancies . And sad experience hath proved how dangerous it is to depart from the rule of the word , in matter of discipline ; for by this meanes , it came to passe , that the Church did not only get Bishops , distinct from , & superiour unto , Presbyters ; but also Metropolitans ; & after these Primats , & at length Patriarchs , & 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 Chuch as pompous , as the state , & so made the state Governement their copie : And therefore as there was one Emperour so there behoved to be one universall 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 Governement 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 , Germanie , & the low countreyes , as favouring his purpose , which to examine , a work of this nature will not suffer , any who will , may do it , & possiblie shall finde some unfaire dealing . However , unto these whom he cir●…th it will be sufficient , though he had foure for each one , to oppose the testimonie of Churches which may be seen in the harmonie of confessions , & whose testimonie , is of much more authoritie , then the testimonie of Twenty privat divines , & moreover he well knoweth that of privat 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 designe 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 beleve that he designed nothing but peace ; & accordingly he intituled his book Irenicum & a Weapon-salve for the Churches wounds . No man must search his heart or judge in those matters ; but this is certane , if such was his designe , the meanes he hath fallen upon , look not to be very suiteable thereunto ; how such an under taking as this shall heale the Churches wounds is hardly imaginable : And therefore it may very well be stiled a Weapon-salve , whose way of cureing is not very rationall or obvions to every one ; Yea nor naturall , if many may be beleeved . And this phisitian's undertaking shall never cure the Churches wounds by Sympathie what ever it may do by antipathy : It seemeth to be a sad interlocuture of a judge , when a plea cometh before him , betuixt 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 clame 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 Iesus Christ , & to prove that prelats are usurpers , & his interlocuture is that neither presbyterian nor prelat hath more right then 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 humor 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 mans 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 evill cause is not good - Pilat & Herod can a gree in a matter against Christ , & such an union as this looketh rather like the fruite 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 phisitian who cannot attempt the cureing of one desease without the causing of a worse , nor make a salve to cure a wound in the body , till first he wounde & wronge 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 Iesus who is head of the Church , & the scepter out of his hand ? for to say that he hath not setled the Governement of his own house by appoynting his own officers , & appoynting each of them to their own work , is to say , he doth not acte the part of a King & Governour 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 choise of such an opportunity & occasion , wherein to vente 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 prelaticall Government , which had occasioned so much persecution unto the truely 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 againe , & to see the Church of God decaying as much , if not more , then ever ; for that is a Governem . which destroyeth the very ends of Government , because no man were he never so good could governe 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 dioeceses 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 Governement would have been ( as he may now see with his eyes ) matter of joy & Gladnesse unto all the prophane 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 Gospell , should be persecuted & thrust to the door , & prophane lazy & every way unfit men should be put in the Ministery , who can do nothing else but read the service book & a homily . He might well have known that by that governement 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 againe , 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 & carryed 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 & wo to the poor Church of Christ in Britaine & Irland ? & what he can pretend to counter vaile this damage is not imaginable : For all his pretensions of peace & union evanish at the first appearance of these destructive , & irremediable inconveniences . And finally it is yet more wonderfull & strange how this learned man hath been so bewitched & blinded with his own phancies , as to be in paine untill he were delivered of this birth , not considering the unseasonablenesse 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 mans heart discerneth both time & judgment , 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 yeelded , the Kingdomes being tyed to one of these formes , by the oath of God , the solemne League & Covenant , & so , not at liberty to choose what forme they please . His principles will not suffer him to say that Presbyterian governement is utterly unlawfull , & that Episcopall governement is necessary : & his learning will soon discover a validity in a Covenant about things not sinfull , though not absolutely necessary : & his piety will grant that conscience should be made of such oathes : And now when the Kingdomes were under the oath of God to set up a government most agreable 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 indifferencie & lawfulnesse of either Presbyterian or Prelaticall ? For suppone his notion were a truth , of what use could it be now , when the Churches hands were bound up , by a solemne 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 judgment 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 & vowes , is no way to the good & edification of the Church ; Such an union by perjury , will be nothing else but a sinfull conspiracy ; Peace in such away , will be but dreadfull security when the judgments 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 judgment , the obligation of the Covenant is null , & so this weapon-salve of his , must be strong , that will eat thorow the bones of a Covenant , but because it is so dangerous & destructive unto the substantials & vitals of Religion , it is the lesse to be valued , whatever vertue 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 forme of governement 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 imployed his talent more for him who gave it ; Yet seing he would not forbear the publishing of his notions & conceptions , he might have spoken his minde concerning the obligation of the solemne League & Covenant : For so long as that Covenant standeth in force , his notion will evanish as a cloud without raine .

But we must end this digression ( in which we have insisted the longer , because it is one of the maine grounds , upon which the complyers of this age do walke ) & goe 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 alleagiance , as it is called , Answered .

BEfore any other particular be entered upon , or this concerning the oath , which is called ( though falsly ) the oath of alleagiance , 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 concerne the civill part , & so seem to weaken the grounds of scrupling at the oath upon that account , which were laid downe Sect. 10 , & 11 ▪ or such as concerne the Ecclesiastick 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 civill 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 Iames the V I. which did acknowledge his Soveraigne Autherity , Princely Power , Royall Prerogative , & Privilege of his Crown over all Estates , persons & causes whatsomever . Ans. This Objection was sufficiently obviated above , Pag. 126. where it was showne that these were but Parliamentary flourishes & complements , grounded upon personall qualifications : And indeed the act seemeth to raise this structure upon his Maj. being put in possession , as the righteous inheritour , of the famous & renowned Kingdomes , of England , France & Irland which far surpasse the wealth power & force of the dominons of his progenitours Kings of Scotland , & thereby having a greater increase of care & burden , & with all upon his extraordinary graces , most rare & excellent vertues , 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 personall qualifications , is no sufficient ground for the increase of his intensive power , or for the enlargeing of the privileges of the crowne . Moreover it is said expresly in the act that they ratifie approve & perpetually confirme the same , as absolutely , amply , & freely , in all respects & considerations , as ever his Maj. or any of his royall progenitours , 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 progenitours had before . Now , as was showne above , neither he nor any of his progenitours 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 showne above Pag. 125. how notwithstanding of the supremacy there granted unto the King , the privileges of Parliament remaine intire , 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 appoynted by that pretended Assembly that Ministers at their entry , or admission to the Kirk should , Testify & declare , that the King was the only supreme Governour of the realme as well in matters Spirituall & Ecclesiasticall , as in things temporall , &c. 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 civill sanction as this is , & an other Act of Parliament , other Acts stand in force untill they be repealed , but , when the Church constitution , which is the ground & Basis of the civill sanction , ceaseth , the sanction ceaseth , & the Act perish●… , without any formall repeall : The Act ratifying & approveing the deed of a Church judicature , standeth in force no longer , then the deed of the Church judicature standeth in force , & the deed of a Church judicature may be altered without any respect had unto the civill sanction , or notwithstanding that the civill sanction is not formally removed , because the civill sanction did follow & depend upon the Church Act , & the Church Act doth not depend upon the civill sanction . 2. It is not incumbent unto a Church judicature to determine the limites of the King 's civill supremacy , far lesse to determine the same in the first place : & this pretended Assembly was more anxious about the King 's Ecclesiastick supremacy , then the civill , & 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 forraigne Prince , State nor Potentat hath or ought to have any jurisdiction , power , superiority , preheminence or authority Ecclesiasticall or Spirituall . 3. What ever civill supremacy may be supposed to be here included , there is no supremacy over Parliaments acknowledged ; But any civill power that is here recognosced as his due , is in opposition to forraigne 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 civill power then that Anno 1612. & therefore might lawfully have been sworne . It is replyed . That the oath Anno 1661. is more expresse for civill power & supremacy , then that An. 1612. But if there had been no more , then 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 glosse put upon the words , by their other acts particularly by the act for acknowledging his Maj. prerogatives which as a commentary , explaineth what they meane by his being supreme governour 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 glosse 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 then he had before & so enlarge even intensivè the privileges & prerogatives of the crown & so denude themselves of that in whole or in part , which did formerly appertaine unto them : And when the Parliament hath done this & annexed such & such power unto the crowne , can it be unlawfull for privat subjects to acknowledge that the King hath indeed so much power . Ans. in poynt of law it will be a very great question , whether Parliaments who are but trustees intrusted by the people , whose commissioners they are , & virtually if not expresly bound to maintaine their rights & privileges , may betray their trust , & give away the iust & 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 lawes 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 , seing so much in poynt of law may be objected against its being a free Parliament , if the want of freedome 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 Kingdome , & other informalities , of that kinde , may have any place or weight in the anulling of Parliaments . But. 2. In poynt 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 sworne to maintaine in their severall places & capacities ; & so Parliaments , in their Parliamentary capacitie , the rights & privileges of Parliament . 3. Though the Parliament not with standing of the bonde of the covenant , should denude themselves of their privileges ; yet now seing every particular member of the Kingdome is sworne , according to his place , & station to maintaine 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 minde & make conscience of the oath of God , can do , at such a time , viz. to refuse to give an expresse , 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 syllabe 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 essentiall to it , & hence it is , that they condemne the actings of the Parliaments & Kingdome of Scotland , these many years by gone , because done in such away as was an actuall & insolent ( as they say ) incroachment & invasion upon the privileges & prerogatives of the crowne .

Obj. 4. The acknowledging of the prerogative is distinct from the oath of allegiance & therefore seing 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 sweare & subscribe the Declaration upon the matter : so is it here , who ever taketh the oath of alleagiance 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 , then an explication or Exegesis of the oath , & in the acknowledgem . the same thing is said & affirmed in plaine full & clear tearmes , which is but in generall affirmed in the oath . By their Acts they declare what things they account privileges of the crowne , & all these they comprehend under his supremacy , & so in their account his supremacy over all persons , & the prerogatives royall , or privileges of the crowne , are all one , Therefore they could not acknowledge this supremacy , because they could not acknowledge the prerogatives royall : 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 alleagiance declare that they are not dutyfull & loyall subjects , which Ministers & Christians ought not to do Ans. It hath been showne 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 alleagiance : Yea they would account themselves obliged to take the same , if there were any necessity or just suspition of disloyalty in them , which might occasion the same . King Iames in his book called God & the King sheweth that those treacherous persones , who occasioned the frameing of the oath of alleagiance , were the Pope's bloody emissaries following the principles of Rome & practiseing unparalleled treacherie 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 alleagiance ; 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 Britane , lawfull 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 Majestie , because they acknowledge that the King is defender of the faith in all causes , & the supreme head & Governour ; 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 , seing , as hath been showne , 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. tho 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 reformed 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 civill 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 Aarons rod blossoming , lib. 2. cap. 3. & the CXI . Propositions , which are full enough to this purpose .

3. Obj. Why then was this oath refused seing 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 then some of these who gave it , afterward upon second thoughts would approve : It is beyond questioning , that this Parliament giveth unto the King by vertue of this prerogative & as annexed to the crown far more then ever the confession of faith of that Chuch or any other protestant reformed 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 affirme , 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 generall & comprehensive termes , as may take in much & when there is no other way to finde out the iust 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 vaine , & the takers of the oath shall deal deceitfully in frustrating the end of the oath , & the designe of the tenderers thereof To take an oath Quatenus , Eatenus , in fo far will not satisfie as worthie 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 certane the oath ( as to the part controverted ) is conceived in generall termes : It is certane that their sense who tender it , is not sound : & it is certane that there is nothing in the oath contradicting their sense & meaning : Yea it is certane that the very oath it self , as worded , will take in all their sense & meaning ; For it giveth to him a supremacy of power both over Civill & Ecclesistick persones & causes , all persons , & all causes will take in both , & supreme Governour over all these persons , & in all these causes , will take in a great power , & a very large supremacy : Yea the very grammaticall 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 Governour over Church men , as he is over Civill men . 2. That he is made the same way Governour in Church causes , as in Civill causes . And 3. That he is the same way Governour over Church men in their Church capacity , or in their Church causes & actions ; as over Civil men in their civil capacities , & in their Civill causes & actions .

6. Obj. The sense can be no other then this , That he is supreme Governour over all persons what ever action they be about , as if he were in a ship he should be supreme Governour over all the persons there , what ever their trade or occupation were , & of the Governour of the ship among the rest ; And yet it will not follow , that he is the supreme Governour of the action of guideing the ship , but only that the Governour 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 civill persons in civill causes is much to be questioned as hath been said ; But to wave this here , their Acts & deeds which are more authentick interpretations of the oath , then any privat conjectures , speak some other thing : were the oath worded thus , he is supreme Governour 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 certane from what hath been said Sect. 10 , & 11. that they intend more as to the civill part , then that he is supreme Governour over civill persons & that they remaine subjects while about civill Actions ; For he is made supreme Governour over civill persons , & in civill causes ; And must it not be so likewise , as to the Church part , seing the oath puteth no difference lesse or more betwixt them ▪ 3. One maine end of the oath was to shoulder out the Pope & his power & this was an immediat cognition of Church affaires , & 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 plaine dissimile , as it is set down : but make the parallel run thus . There is a forraigner within the ship challenging power of making lawes to all persons within it & particularly to the pilote , & power of judging him in his actions as pilote , betwixt whom & the Prince the debate cometh to that height , that he is ejected , & to the end , he may never be re-admitted , the Prince imposeth an oath upon all within the Vess●…ll , & particularly upon the pilote & seamen , That they should acknowledge him to be their only supreme Governour , & in all their actions & causes . And then any of ordinary capacity may discerne whether or not the pilot be not bound by his oath to acknowledge some thing more then that he is a civill subject while he is about his calling & work . But all this is to no purpose now seing their Acts & actings make the bussinesse 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 kinde . Ans. With all due respect to the reverend author of this reply , viz. Bishop Vsher in his speach concerning the oath of supremacy in the Starre Chamber in Irland . This doth not satisfie ; 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 Governour of Scotland , over all persons & in all causes ; because , by parity of reason , when the governement of a Church officer is spoken of , by common intendment , this must be understood of an Ecclesiastick governement & may not be extended to that of another kinde . 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 showne 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 , then 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 , then they are truely , by any law of God , capable of . 2. By this meanes one might swear that the civil Magistrat were Head , husband , King & saviour of the Church without all hazard of perjurie for these predicats can agree to him no further then 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 Salvo's 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 controversie : For the King's power should be as uncertaine , as ever it was , for all this oath . 4. The question is not so much what power doth really appertaine 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 prophane & grosse , as to say , It may be acknowledged by oath , that he hath more power then indeed he hath ? Such like metaphisicall distinctions , will not defend from the wrath of God , in the day when he shall be a swift witnesse against all false swearers .

9. Obj. Is it faife to contend with heigher powers about such things , & bring on such sad sufferings ? Ans. Christians 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 bussinesse , whatever some may think . Not to mention here the sad consequences of this oath , as to the civil part thereof , if the Ecclesiastick part therof be only noticed it , will appear to be a matter of greater moment then every one will beleeve ; 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 accounte such things , as are reall 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 lawes , & by his own officers ; And that none may rob him of his crowne & scepter , or of any part or pendicle thereof , seem to be no small matters . Who will condemne the generation of the righteous who like valiant souldiours , 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 fleeming from his prison at Blacknesse Ian. 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 Gospell of salvation , these fiftine yeers already , and now last of all , to be a sufferer for his cause and Kingdom ; to witnesse that good confession that Iesus Christ is the King of saints , & that his Church is a most free Kingdom , yea as free as any Kingdome under heaven , not only to convocate , hold , and keep her meetings , conventions , and assemblies : But also to judge of all her affaires , in all her meetings and conventions , among his members and subjects : These two poynts . 1. That Christ is tho head of his Church . 2. That she is free in her governement from all other jurisdiction except Christ's are the speciall cause of our imprisonment being now convict as traitors , for maintaining thereof . We have been waiting with joyfulnesse to give the last testimonie of our blood in confirmation thereof . If it would please our God , to be so favourable , as to honoure 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 expresly affirmed , there were some colour of reason for refuseing to acknowledge the same ; but seing they are only your inferences & groundlesse feares there is lesse reason to refuse the oath . Ans. It is no new thing , for sufferers to be blamed as faulty : This is certaine , & 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 seing the matter they stand upon , is not t●…ial , the bussinesse they contend for is concerning the due bounds & marches of the Kingdome 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 feares , were groundlesse , so that it were superfluous to adde any more here for cleareing of the same .

Obj. 11. But the Parliament or Councell would give liberty to persones to explaine themselves , & to expresse 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 owne sense , seing no doubt , that would have been a saife sense ? Ans. 1. Some indeed reporte 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 courtesie 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 glosse upon a written or printed oath , which in strick construction it will not bear , & then sweare 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 truely 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 glosse , which as a salvo was cast in ; yea & it is to deceive themselves by intangleing themselves into the bonde of a sinfull oath , with faire speaches & plausible apprehensions , or rather dreames . But. 3. Why would they not suffer such as they required to take the oath , to set down their sense in plaine tearmes 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 Doct Sanders . de jur . prom . oblig . prael : 6. §. 10. whose words shall be here translated & set downe atlength because so full & satisfactory dico ( sayeth he speaking to the same case ) &c. 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 termes . 1. Because in the oath it self , truth is required ; but a proposition having an indefinit 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 it's d●…ition ) should signifie either truth or falshood 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 certaine sense . 3. Because of him who sweareth who if he take such an oath on these termes , 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 vertue of that oath some thing may be required of us which is either unlawful or hurtful & this is to lay a snare for our selves . Therefore let every prudent man bewar 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 mens severall phancies & 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 evill . It may be suffering for righteousnesse sake , in the eyes of God , which men may account suffering for needlesse serupulosity . If they had been of the same judgement with such divines ( called so at least ) who now a dayes publish to the World , their new found out principles , whereby all oathes 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 lawfull or unlawfull ( & to say this on the bye it is no small matter of admiration to think what security , such can expect from others by oaths who themselves professe & publish the Art of loosing all the bondes of oaths ; but it would appear that , this is not the thing designed , but rather this that seing 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 excesse of wickednesse & Atheisme with themselves , or else exposed to their fury & cruelty ) but they love not such principles of prophanity & Atheisme , but rather desire to feare an oath knowing that God is jealous , & will not hold such guiltlesse as take his name in vaine . 2. If this be the oath of alleagiance , it is very farre changed from what it was , as was showne above Sect. 12. & it is not faire 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 againe & againe , and so worded , as none , no not the meanest , who is endued with understanding in those matters , may have the least reall ground of scruple . And as to this oath , they are not a few conceity & self willed persons , who scruple at it , but if Impartiall search be made , it will be found that the most understanding , faithfull conscientious & Zealous in the land , both Ministers & others , do stumble at it , & that not upon imaginations & feares , but upon reall & evident grounds . Now , no doubt , understanding Christians , will easily grant , that in such a bussinesse 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 lawlesse liberty to Magistrats , to tyrannize over the souls & consciences of people , which were a more dreadfull 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 severall 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 helpe the oath & worde it other wayes , nor yet give a sound glosse thereof , & make it as publick as the oath it self , is not very needfull to enquire ; yet there are some so obvious & conspicuous that he who runneth may read them , viz. That if the oath had been conceived in plaine , clear & saife tearmes , or so interpreted as that no scruple had been left in the mindes of tender Christians , it had not proved such an engine to wa●…pe out of the land under the notion of dis●…yall persones , such as feared an oath & durst not comply with foresworne prelats , or their wayes .

SECTION XV.

Concerning the hearing of such as are now thrust in upon the people in the Roome of those who are put away .

WHen by these wayes forementioned a great number , even the third part of the Ministery of Scotland , was put from preaching the Gospell , & banished from their own , parish Churches : There were a number of naughty base men who had denyed the faith which once they professed ; & renunced that covenant which they had sworne 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 wils , having presentations from patrons , & collations from the prelats , & no more , for a call . And there are others , alas too too many , who being in the Ministerie before , have basely betrayed their trust , & complyed with those abjured prelats , & gone contrary to that covenant which both themselves did sweare , with hands lifted up to the most high , & which they caused all within their severall congregations to sweare , in a most solemne manner , as hath been showne above : And now did the tryall 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 paines & penalties , viz. each nobleman , gentleman & heritour the losse of a fourth part of each yeers , rent , in which they shall be accused & convicted : And every yeoman , tennent & farmer the losse of such a proportion of their free moveables ( after payment of their rents due to their Master & landlord ) 〈◊〉 ●…is maj. Councell 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 corporall punishments , as the Councell shall think sit . And yet notwithstanding of this act , faithfull & honest Christians were constrained in conscience , to withdraw ; & could not yeeld obedience unto this act ; but resolved rather to suffer affliction , what ever it might be , then 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 dayly , whom no tender hearted Christian will or can condemne , if these few particulars be considered .

1. To yeeld obedience unto this act enjoyning them to hear such men alwayes & to attend all the ordinary meetings for worship , & so to countenance them as lawfull pastours , were to comply with the sinfull 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 it self sayeth that a chearfull concurrence , countenance & assistence given to such Ministers , & attending all the ordinary meetings for divine worship , is an evidence of a due acknowledgment of , & hearty complyance with , his Maj. Government ecclesiaesticall & civill , 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 complyance ; And therefore upon that account cannot in conscience be yeelded ; for in such a case many things which otherwise might be lawfull or indifferent cannot be lawfully done , as being most inexpedient , & what is not expedient , in so far as not expedient , is unlawfull , & 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 Prelats : And so contrary to the league & Covenant , & the reason is , because , these men come forth , from the Prelat having no other call or warrant , but what the Prelat giveth : And so a receiving of them is a receiving of the Prelat , as a refus●…ing to owne them , will be accounted a slighting of the Prelat & 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 ministery , which creep in & abound , removed ; There is no accesse for grieved persons to presente their grievances ; Corruption & defection is carryed 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 redresse made , is away : And in such a case as this , when privat persons have not accesse to propound their objections , against such or such a man's exerceing the ministeriall 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 hainous crimes , would be accounted vertues & matter of greater commendation ; what can they do else , but withdraw & not countenance such vitious & 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 Non-conformity unto this wicked & corrupt course of defection : All other doors are barred by law , so that now they must either give testimonie against this course of defection this way by refuseing to give obedience unto this Act , & to countenance these men ( whose chief qualification is perjurie ) 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 legall exoneration of their consciences by remonstrances , & protestations , the Parliament haveing 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 publicke testimony against these courses ( for they must not partake of other mens sinnes ) as are carryed on , contrary to the word of God , to the Covenant , & to their former resolutions : And there is no other way so harmlesse & 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 sworne unto , and owned so much ; for there is no other way now apparent , whereby the difference shall be keeped up , betuixt such as honestly minde the covenanted work of reformation : & the corrupt prelaticall , & 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 withall 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 condemne it : So dangerous a thing is it to suffer the standing difference to weare out of sight : So that let a Man once beginne to countenance those men , as lawfully called & authorized Ministers , & by this meanes , keep up no standing difference , he shall , ere he be aware , slide into their campe , & 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 undoe & 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 carryed 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 prelaticall & malignant faction : But now take this weak & inconsiderable appearing in the fields against these corruptions , away , what appearance of a standing controversie 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 signifie 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 quicke ; but living though in a bleeding condition : & this would occasion their engadging for Christ & interessing themselves in the quarrell : 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 enemie 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 evill when they see how they are countenanced by all , & that there is no disrespect put upon them , nor dissatisfaction evidenced against their courses , then they conclude that they are approved of all , & this hardeneth them , so that they never once think of the evill of their wayes : 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 then probable that the people of God , are not freed from seeking the conviction , repentance , & ●…dfiication , even of these their malicious enemies : And it is certane they may not encourage them in their evil wayes , 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 forborne .

5. By giving obedience unto this act , they should stumble the truely 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 imboldened or stirred up ▪ thereunto , when they see others doing so , & thus they are ready to halt in the wayes 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 scandall 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 mens mouths , & that in obedience to the act ; or so as the act doth enjoyne , & 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 answere in matters of meat & drinke , 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 then 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 alwayes oblige though not ad semper to all times . So then 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 alwayes at such or such a time , but both may be forborn for the scandall & offeńce of the weak : So the parallel will run clearly , it is a duty to hear the Gospell preached ; but it is not a necessary & indispensable duty to hear such or such a man alwayes ; & so in this case , scandall 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 yeelding 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 lawfulnesse of prelacy , & venting bitter invectives against presbyterian government , inveighing against the covenant , & so teaching & incouraging people to follow them , in open perjury , & condemning the work of reformation , as being nothing else but treason & sedition , which were blasphemy : Beside some poynts of Arminianisme & Popery , which some of them are venting , now & then . Seing then there is such false Doctrine held forth , & taught with such boldnesse , & impudencie , can it be lawfull 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 erre 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 , Iohn 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 then Iohn would never advise people to goe constantly or ordinarily to hear such deceivers who bring not with them the Doctrine of Christ . He who would not have the lesse done would never consent unto the more . Paul writting to the Romans Chap. 16 : v , 17 , 18. sayeth . Now I beseach you brethren Marke them which cause divisions & offences contrary to the Doctrine which yee have learned & avoid them , for they that are such serve not our Lord Iesus Christ , but their own belly & by good words & faire speaches deceive the hearts of the simple . Here is a clear warrand 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 seing it is their designe & intended work to deceive the hearts of the simple , by their bold & consident assertions , & to cause them beleeve 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 writting to Titus cap. 1 : 14. forbiddeth to give head to jewish fables & commandements of men that turne from the truth , & who are these who teach such things ? See v. 10 , 11. unruly , vaine talkers , & deceivers , teaching things which they ought not , for filthy lucres sake . It cannot then be lawfull to obey this act . So writing to the Philippians cha. 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 , shun them , forbear to hear them , follow them not : And againe v. 17 : 18 , 19. he sayeth Brethren be followers together of me , & Marke 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 crosse of Christ , whose end is destruction , whose God is their belly , who minde 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 crosse of Christ : And certanely when Paul would have the Ephesians cap. 4 : 14. No more carryed about with every winde of Doctrine , by slight of men & cunning craftinesse , whereby they lie in waite to deceive he would not have them following or attending the Ministerie of such , concerning whom the question is . So when he willeth the collossians cap. 2 , v. 8. to beware least any man spoile them through Philosophy , and vaine 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 Ministery of such who teach false Doctrine , By slight & cunning craftinese , whereby they lie in waite to deceive & seek to spoile people of the truth by their Philosophie ( such as it is ) & vaine deceit after the traditions of men & not after Christ & seek to beguile with enticeing words . So in his first Epistle to Timothie 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 Hypocrisie having their consciences feared with a hote yron . It must then be hazardous & most dangerous to give head to such seduceing spirits , as speak lies , & have their consciences seared with an hote yron , 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 heare . So in his second Epistle to Timothie cap. 3 , v. 5. he speaketh of some whom he would have all honest people turne 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 , unthankfull , unholy , without naturall affection , false accusers , incontinent , fierce , despisers of these that are good , treatours , heigh minded , heady , lovers of pleasures more then lovers of God much time needs not be spent in shewing how fitly all these agree unto the persons now spoken of , such as know them can best judge . But then 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 mindes , 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 turne away . By all these passages , It is clear that the Ministerie of false & corrupt teachers should not be attended .

7. If it were lawfull to hear these in obedience to this Act , it would be also lawfull , upon an Act , to attend the Ministerie of Anabaptists , Antinomians , Socinians , Arminians , or Iesuits : And if it would not be lawfull to do this , no more can it be lawfull to attend the Ministerie of these in question , who seek to pervert the right wayes of the Lord , & labour to subvert the simple people , & to turne them away from the truth .

8. Such as their Doctrine is such are the prayers , not only stuffed with errour , but larded with blasphemy , as might easilie 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 godlinesse , so do their publick prayers , as such as hear them can showe , They pray for a blessing on the prelats , under the name of Reverend , & right Reverend fathers , & on their wayes & courses ( which God will curse & blaste ) not to mention their unsound & parasitick expressions concerning the King's supremacy calling him head of the Church &c. Now seing tender consciences can not joyn with them in those prayers , how can they attend their Ministerie ? Are not all present bound to joyn 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 & errour ; can godly tender consciences goe alongs with them , ? And seing they cannot , how can they be bound to attend their Ministerie ? There are snares in Prayer no lesse then in preaching . Yea particular persons concurre more with the minister in prayer then in preaching ; & there fore they may more saiflie hear errour preached then joyne 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 Ministerie of such , with whom if they concurre in prayer , they must sinne .

9. Yeelding obedience unto this Act were upon the matter a consenting unto the great incroachment made upon the privileges of the Church . The Church hath this power & privilege from the Lord , to make choise of her own officers , as the frequent examples thereof in the dayes of the Apostles do cleare , & 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 cruell bondage & oppression unto the Church , is removed to consent againe unto wreething of that yoke about her neck , were no small transgression : And it is clear that the attending of the Ministerie 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 warrand , but a presentation from the patron : And so this would be nothing else upon the matter but a consenting unto this incroachment ; And a joyning with such as wronge & spoile the Church : To say that people in that case should protest against these incroachments , & 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 Ministerie , they should undoe their own protestation , by their after carriage ; for by their protestation they declare , that they cannot look upon them as Ministers having a lawfull call , according to the lawes of Christ , & by their after carriage , in constant attending of their Ministerie , they should declare to all , that they owne them as lawfully called Ministers ; And thus their practice should belie their protestation . Nor will it be of any force to say that their fore-fathers did submit unto the Ministerie of such as had no other call but the patron's presentation : For there is a vaste difference to be put butwixt a time wherein the Church is advanceing 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 darknesse , & the day is but begining 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 reformed . Every beleever , & 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 begining to wrestle up , from under the heap of errour & 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 graduall motion that hath but small beginings & riseings ) which now since the reformation hath been carryed 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 arme , 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 lawfull for the Church which is but coming up the hill to stand at such a step untill they gaine another ; when yet it will not be lawfull for the same Church , to goe backward after they have advanced . The truth once bought should never be sold : so then the consequence is null , Their fore-fathers 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 sath . 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 condemne their fore-fathers : But on the contrary , the stedfastnesse of their fore-fathers , in standing to the degree , to which they had reached , & their endeavouring to advance , will condemne this generation for backsliding . In their dayes those abuses & corruptions were not remedied , the Church was not then freed of that yoke of oppression . And furder 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 engadged to stand to the work of reformation , & to owne 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 owne upon any hazard , if they would not betray their trust . The right way of Election was not setled by law in their fore-fathers dayes , & 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 Lawes , about their necks againe . Nor will it be of any force to say , within few ages , yea or yeers , 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 yeers by past , it is like , grosse 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 bodyes there , rather then give way unto any degree of defection , which may cause posterity to curse them . More is expected of a standing army , then of stragling souldeours ; these may make some shift after the army is broken , to get as good quarters , as they may , when it were basenesse & utterly unlawfull for any to do so ; while the army is unbroken . Small things should be stood at , in the time of the begining of an apostasie : when the watters of corruption are begining to break in , the least hole should be stopped , & watched over .

10. By giving obedience unto this act , they should , upon the matter , iustifie & approve of , & consent unto the violent & cruell thrusting out of these whom God had setled in those places , & whose labours he had blessed , & thus they should consent unto this terrible act for persecution of the godly & faithfull Ministers of the Lord : And therefore they could not do it in conscience . The antecedent is cleared thus . Because to imbrace & encourage such , were to approve of the ground , upon which they enter , & that is , their complyance with the sinfull defection , & their submission & obedience unto the sinfull 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 lawfull superiour , by yeelding all active obedience , doth thereby declare that the right of the usurper , is good , & better then his right who is outed by the usurper , or he doth what in him lyeth 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 solemne ordination , or setting apart for that office , having no imposition of hands of the Presbytery , with fasting & prayer , according to the order of the Gospell ; but the sole warrand & mission of the prelat : & therefore it cannot be lawfull to countenance such , & to look upon them as lawfull Ministers . It is true , privat Christians may not set themselves up into the chaire , & judge of the enduements & qualifications of Ministers & what nulleth their office & what not ; yet every private Christian , hath the use of the judgment of discretion , and that way may judge whether such an one , appear qualified according to the rule of the word , or not . It is certaine there may be times wherin 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 Ministery : Yea & now likewise some such might be instanced , if it were fit . Now albeit it be hard for privat 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 , & undenyable lawes 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 Ministery , or to countenance & encourage them , as lawfull Ministers of Christ ought to be countenanced & encouraged . It is likewise certane that privat Christians may know whether such an one be ordained according to the primitive order , or only hath the prelats hands laid on him , or no imposition of hands at all , & accordingly may carry themselves towards such .

12. It is certaine there is much corruption in the way of their entry , if not a whole masse of corruption , all circumstances being considered : And so the yeelding obedience unto this Act , now when these corruptions are well known , should be an approving of these corruptions , whereas they should partake of no mans sin , but keep themselves pure , & beare testimony against these corruptions so far as they can ; & there is no other way for them now to do it , but by refuseing to yeeld obedience unto this Act : There is no accesse for complaints , & such as would but petition , should in so far accuse themselves .

13. To yeeld obedience to this Act , & attend the ministry of such , when there are others to be heard , either in publick or privat , were to wrong their owne souls to marre & hinder their own edification & spirituall prositeing , by runing to cisterns without watter : what blessing can be expected upon the preaching of such , as have palpably perjured themselves , in owneing the prelats ; as have made defection from the truth , and are prosecuteing a course of defection , & making themselves captaines to lead the people back into Egypt : as stuff their preachings with railing , against the work of God & power of godlinesse : as encourage prophanity & wickednesse & are them selves paterns of all prophanity & debaucheries ? can it be expected that God will blesse such , as are thus qualified for the Service of Satan , & are driveing on his designe ? Can it be expected that God will countenance such as run unsent , & are thieves climbing up at the windowes , & are not entering in by the door , who feed themselves , & not the flocke , who strengthen not the deseased nor heale that which was sick , nor binde up that which was broken , nor bring againe that which is driven away , nor seek that which is lost : But with force & cruelty rule over them ? Will God blesse such , whom , he solemnely protesteth by his oath , that he is against ? Ezek. 34 : 10. And seing a blessing cannot be expected upon their labours but rather a curse , as dayly 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 arme dryed up : how can any think of attending their ministery : When in stead of any work of conversion or conviction among people , there is nothing seen , but a fearfull hardening in prophanity , so that such as seemed to have something like Religion before , now through hearing of them ordinarily , are turned altogether loose & prophane , 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 then 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 , seing it is so much to be questioned if they be the messingers 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 lawfull for people to goe & 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 furder there answereth three or foure objections : much more will it be lawfull 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 enjoyned 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 shew , 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 sinfull or unlawfull to refuse obedience unto that Act seing 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 hearkened unto , but fled from . Calvin on the place sayeth this is the spirit of discretion , by which his chosen ones doe discerne the truth from mens 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 discerne 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 erre , 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 imbrace false Doctrine , or fall in likeing with corrupt men , who run unsent , It is no signe 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 chaire Mat. 23. And these of whom now the question is , are not worse then the Scribes & Pharisees were . And therefore it cannot be lawfull to refuse obedience unto this Act. Ans. For solution of this objection , which seemeth to be the maine 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 soure & dangerous tenents 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 lawfull call unto that place which they did assume to themselves which appeareth from these particulars . I. Christ calleth them thieves & Robbers & strangers Iohn . 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 gaine ; 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 thieves & 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 warrand & 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 them selves ( & 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 ( sayes he ) For they be blinde leaders of the blinde & this will suite the scope very well ; for his disciples had laid some weight on this that they were mē in office & therefore the stumbling & offendi●…g of them seemed to be some great bussinesse . But Christ replyeth 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 lesse to be regairded . Gualter on the place sayeth that it is clear out of historie , that God did never institute the order of the soribes , which then was ; Far lesse the Pharisees & sadduces ; But they had their rise from that greek , Or heathenish school which Jason whom Selecus made high priest , did institute in Ierusalem contrary to the law ; and that the Pharisees did spring from the Stoicks & the Sadduces from the Epicures ? And citeth in the margine 1 Mach 1. and 2 Mach 4. So ibid: He giveth the sense of that word let them alone , discedite ab iis , goe 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 businesse , but every man who pleased was free to take upon him to iustruct & 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 cleare this where he sayeth [ In my judgment 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 is better undered , with the ancint latine 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 publickly 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 withall 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 sett themselves down in that seat of Moses which they now possesse for the verb 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 doth signifie 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 owne example , for he came to fulfill all righteousnesse . 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 Ministery , that he disswaddeth them there from , not only else where , calling them blinde Leaders of the blinde , & such as should be let alone & ●…ed from as impostors , Mat. 15 : 13 , 14. & saying , Iohn . 10 : 4 , 5. that the sheep know the voyce of a lawfull 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 , shewing 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 incouragement to his disciples & hearers to follow them , or attend their Ministery . 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 queston is ▪ As. 1. They shut up the Kingdom of heaven against men & neither will goe in themselves , nor suffer such as are entering , to go●… in . 2. They are at great paines 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 sweare by the alter , or by the temple : so do these excell in that art of teaching perjury ; & looseing the knots of covenants & oaths , as is too well known . 4. They are much taken up with punctilioes of formalities , & in causing people at tend all their nodes , & desires ; But as for the weightier matters of the law , judgment mercy & faith they caste these behinde 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 behinde the Pharisees in cleansing the out side of the cup & platter , & in appearing like whited tombes , for they have no shew of piety , & therefore are so much the more to be shunned & , may certanely , unlesse they repent , expect all the woes that here are denunced upon the scribes & Pharisees . 6. It would be considered , for furder confirmation of the last particular . That the maine 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 themselvs in the Church , & on the by , as it were , he speaketh anent their receiveing of their true doctrine , by way of concession , or of their doing & observing , whatsoever they delivered as sitting in Moses's 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 Ministery of such men , there being no command here , to heare the Pharisees at all , let be to heare them alwayes & 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 Ministery 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 personall , & these alone , it is true , cannot defile the ordinances in their hands , & make them no ordinances : others are , to speak so , Ministeriall , or such as affect the office . And these againe are either of smaller moment & lesse 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 it's essentials , & make the man no Minister , do corrupt the ordinances in his hands : he who is no minister cannot baptize , nor administrat the sacrament of the Lord's supper , nor preach with authority , as a Minister , & he can do no Ministeriall 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 personall faults are very grosse , & 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 joyneing 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 Ministerie 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 joyne with the ordinances in another congregation ; & so testifie that he hath no prejudice against the Ministerie , 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 souldiers , led forth of purpose For that end ; Nor cast at the Church as no Church ( though they sadly feare that God shall be provoked by this dreadfull defection , which is carryed on by these men & their favourers , to give her a bill of divorce ) Nor at the ministerie , for they love these who stand by their principles , dearly ; & are most willing to hear them either in publick or in privat , 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 lawfull , when the case so falleth out that union cannot be keeped up with her , with out sin , much more will a forbearing to hant the ordinances in such a particular parish , & to attend the Ministerie of such a particular person , be iustified , as no sinfull separation when the contrary cannot be done without si●… , & so it is in this case , as hath been showne above . Reverend & Famous Doct. Vo●…tius 〈◊〉 . Eccles. Pag. 68. Quaest. 17. Granteth that upon some such occasion one may ●…bstean from explicite communion with a particular Church ; for these reasons . 1. Such communion is not absolutly 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 , sheweth us , That there is a separation negative , or a non union , as That in Augustin's time , when the faithfull did separate from the Dona●…sts , which is lawfull , & landable : now if there be a separation here , it can only be a negative separation , & not a positive separation . He sheweth us againe 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 remaine 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 jewes came to blaspheme openly , ( as they did Act 1●… : 44 , 45 , 46 , & 18. 16. ) there was no just cause why any should have joyned to the Church of the jewes , seing there was a cleaner Church to which converts might joyne 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 tels 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 Actuall 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 fountaine , 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 complye , of joyne with the corrupt majoriti . Hence it is aboundantly clear , that such as refused to obey this Act cannot be accused as guilty of sinfull 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 organicall Church . And that such do well who refuse to bring their Children unto them to be baptized . 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 organicall Church ; because all these ministers , who are now violently restrained from exerceing their Ministeriall function , are Ministers & officers of the Church of Scotland though bound up from exerceing their office : for as no deed of a Magistrat can loose a Minister's relation , ( so long as his life is in him ) unto the Church universall ; so no deed of the Magistrats can loose a Ministers relation to the nationall Church whereof he is a member , so long as he remaineth ●…vis regn●… & is not banished out of that Kingdome . 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 Magistrat , 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 reall officers of the Church of Scotland & full & compleat officers as to the power , only they are violently restrained from the actuall exercise of that power . And therefore the Church of Scotland is still an organicall 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 reall 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 imploy them . Yet as to all of them , this forbearing to yeeld obedience unto this Act , will not ground the consequence alledged : For there is a difference betuixtthe not owneing & dis-countenanceing of a man as no Minister at all , or no Minister of the Church universall : And dis-owneing , or dis-countenanceing him as not being their minister in particular , or as pastor of such a particular flock . It is certane , a man may be a Minister of the Church universall & yet not the Minister of such or such a particular place . It is certane , a man's relation unto such or such a particular flock may be Changed by transportation , when his relation unto the Church universall abideth : And so it is certane 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 universall : 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 owne such a man as their pastor in particular , it cannot be inferred that therefore they deny him to be a Minister at all ; Unlesse this consequence were good . He is a Minister in generall to the Church universall 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 affirmativè . 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 baptized ; 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 waite untill 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 honoure such as feare the Lord & contemne a vile person , Ps. 15 : So Pag. 638. quaest. 8. he sayeth the same for these reasons . They should not partake of other mens 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 , &c. 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 rejoyce , yea , & will rejoyce : And hence gather . That seeing the Apostle Paul , was glade that the gospell was preached whatever the men were who did preach it ; all should now be so far from refuseing to hear the gospell preached , because of some prejudices which they may have at the men who are imployed in that work ; that they should be glade & rejoyce , 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 wayes 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 cleare 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 showne above , are perverting the right wayes of the Lord . 2. The Apostle speaketh nothing of hearing , or not hearing of them , only he sayes that these ambitious , & malicious preachers , did misse their mark ; For whereas they thought to ●…nake his heart sad , & so adde affliction unto the afflicted ; by the contrarie , he would rejoyce , 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 mainely designe , by their preaching , some hurt to the eminent & worthie 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 faire as that great and publick 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 showne above , a vaste difference betuixt them , & these concerning whom the question now is . 4. Or be it so , that they were most vitious & outwardly loose & prophane , Yea & persecutets , there is nothing here warranding a constant or ordinary hearing of them , or an owneing of them as lawfull Ministers of Christ : all that is here , is a rejoyceing that the gospell was spreading , though Sathan & Sathan's instruments were imployed therein far against their intentions . There is nothing which can import Paul's approveing of such , as lawfull Ministers ; for as judicious Calvin sayeth on the place Though he did rejoyce at the gospels advanceing : Yet if it had been in his power , he would never have ordained such to be Ministers of the Gospell . So , though the godly now would rejoyce if they saw the Kingdome of Christ prospering , by the mighty power of God , carrying on the same , far contrary to the intentions & designes of such as now call themselves ministers of the Gospell ( which , as it doth not sensibly appeare unto them so it altereth the case far ) yet it will not follow that therefore they are bound to owne such , as lawfull Ministers of the Gospell , for as Calvin sayeth on the place we must rejoyce when God bringeth any good to passe , by wicked instruments , & yet therefore such are not to be put into the Ministerie , nor to be accounted lawfull Ministers of Christ : So that this place can prove nothing , but that Christians should rejoyce when they see the gospell 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 owne such as lawfull Ministers of the gospell , & constantly attend their ministerie when they may profite more another way , & when their countenanceing these men so , shall harden their hearts in their evill wayes , shall stumble the truely godly , shall wrong their own souls , & dishonour God . Rejoyceing at the gospel's prospering is one thing : And countenanceing , encourageing , receiveing & approving of every one who giveth out himself for a Minister thereof , be he otherwise never so vitious & insufficient , is a far other thing ; And the one will no way inferre 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 rashnesse & imprudence , & as justly suffering upon that account , to the reproach of the gospell & scandall 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 generall 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 shew of probability plead for hearing of , & owneing as Ministers lawfully called , such as are spoken of in this debate .

SECTION XVI .

It is lawfull for such Ministers as are banished from their flocks to preach , wherever they be , either in publick , 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 & tryall , is made to grow dayly , for now their meeting in any quiet place to hear any honest man , preach the gospell of Christ , is called a conventicle & diligent search is made after such , to the end , that both they & the Minister whom they heare , 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 publick or in private : Or brought into great trouble & hazard thereby . Is it not a very sad & astonishing thing , that when whole countrey 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 flockes 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 shew of reason , will condemne those Ministers if they take notice of these few particulars following .

1. Though they were banished by the sentence of a civill judge , Yet they remained still Ministers ; no such sentence of a civil Magistrat 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 Ministeriall 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 betuixt their being Ministers , & their being in such a place . And all the sentence of the Magistrat reached only to their being , or not being , in such a place . All this will be beyond disput with such as are not grosse Erastians ; for no reformed divine will acknowledge that the civill Magistrat can immediatly depose a Minister ; far lesse can he do it by the sole Act of banishment . So then this is clear , that those Ministers who were banished from their owne parishes , remained still Ministers of the gospell , yea & , as hath been said in the fore-going section , Ministers of the Church of Scotland .

2. It is no lesse clear unto all such as have not drunken in independent principles . That all such as are Ministers , have a relation unto the Church universall , and unto the nationall 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 imployed for him , to the out most of their power , & must not think of laying up their talent in a napkin ; lest they get the wicked & slothfull 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 undenyable : especially considering in the next place .

4. That there was never greater necessity , for their bestirring of themselves as faithfull Ministers of the gospel , then 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 wayes 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 goe many miles before he shall heare 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 Atheisme , others to Prophanity , some to popery , others to Quaker●…sme ? And doth not this call aloud on all who would be faithfull 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 crosse ? 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 weaknesse , & the continuance of the tryall & should not Ministers minde that command , 1 Thes. 5 : 14. Comfort 〈◊〉 feeble minded , & supporte 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 lyeth , to keep out of the snare , such as are in hazard ; & to recover such as are already insnared , 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 shew people their transgressions , & their hazard , & to be burning & shineing lights , that such as walke in darknesse may see their way & be comforted .

5. Such a practice is aboundantly warranted by the Apostles , & other Church officers , in the primitive times : For they went to severall places & preached the Gospell ; When they were persecuted in one city , they went unto another , & still preached the gospell where ever they came : The history of the acts of the Apostles , aboundeth with instances of this kinde , so that it is needlesse 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 Gospell was not the Charactersticke of unfixed officers , but common to them with fixed pastors & doctors : & preaching unfixedly was not alwayes their note & essentiall mark , because in times of persecution , pastors & doctors might have preached , wherever they came , as the officers of the Church of Ierusalem did , who , being scattered abroad upon the persecution of Stephen act. 8. 1. Did goe every where preaching the word , v. 4. Those who were scattered behoved to be the fixed officers of the Church of Ierusalem ; for it is not probable , that the Apostles would have left that Church of Ierusalem , so long without preaching officers fixed for preaching & administrating the sacraments , seing they had instituted Deacons who were lesse necessarie , Act 6 : 1 , 2 , 3 , 4. & seing themselves were not fixed there , but were to goe thorow the world , according to Christ's appoyntment , & the direction & guideing of the Spirit .

6. So is it warranted by the practice of the faithfull & honest servants of Christ in all ages , who through persecution being thrust from one place , went & preached the gospell in another : both in the time of the first ten persecutions , through occasion of which , the Gospell was spread far thorow the world , & at severall times since . The honest servants of Christ in Queen Mary her dayes went abroad preaching the Gospell : 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 necessitie 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 Magistrat 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 Magistrat , & the power of the Church ; And that when they submit unto the Magistrat , keeping within the compasse 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 Gospell , 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 , least it offend the Magistrat : And when such are so faint-hearted how doth it discourage others , & strongly prevaile with some to goe 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 & discouragment 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 Gospell .

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 Bishops dioecy without his license , & 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 necessitie , such as this is . 2. Such an established order as tendeth to the ruine of religion , is but iniquity established by law , for that is not an order of God's appoyntment which is destructive to the maine bussinesse , 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 warrand for such an order or appoyntment in all the Gospell ? Did the Apostles ever aske liberty from the corrupt Clergy among the Iewes , 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 license & good will of a prelate ? This is that popish leaven which the former English Prelats had from Rome : preaching the Gospell is immediatly commanded to all who are Ministers , & there is not the least syllabe , for their going to a Bishop , who is nothing else but a creature of man , to seek license : And certanely none can think that these Ministers might have gone to the prelat , to obtaine liberty ; seing that would have been a cleare acknowledging of them & their power , contrare to their vow & covenant . So then it was better to take the way of the Apostles , &c to obey God rather then men ; & to preach at God's command , when man forbiddeth , as well as to preach truth when man commandeth the contrary , seing 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 remaine 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 gospell , they may lawfully preach the gospell , where God in his providence giveth them a call to preach . 2. Since they cannot have liberty to preach the gospel in publick , they may & must do it in private , when the necessity of the people calleth for it . Christ & his Apostles did not alwayes get the publick places to preach in , but were content of privat roomes : Many a time did Christ preach by the sides of mountaines , by the sea side , & in such by-wayes ; And so did the Apostles : Paul could get no better at Ephesus then the school of Tyrannus : and two full yeers 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 lawfull ; 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 alwayes excepted ; so that it is lawfull enough now , so long as this persecution lasteth , to preach the gospell 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 finde them out , that they may haile them to prisons . Who then can condemne their cariage in this .

3. If any should further object & say . That this would be an open contempt of the Magistrat's lawfull authority , & disobedience to his lawfull 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 Ministeriall function , at least , he may discharge the exercise of the same , within any part of his Kingdome or dominions Ans. Whether there be such an expresse 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 Ministeriall function , any more , within the Kingdome . If the objection goe upon this supposition it is sufficiently answered above . But next , suppone there were such a command expresly prohibiting them , they were not bound to give obedience . Because to inhibite & discharge the Actuall exercise of the function of the ministry is a spirituall censure , it is reall suspension , which is a sentence that can lawfully be passed only by a Church judicature : & the civill Magistrat can no more suspende from the exercise , then 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 civill Magistrat should passe such a sentence , conscientious Ministers ought not to obey ; because , the civill Magistrat , in passing such a sentence , is not keeping within his sphaere but transgressing the limites of his calling , & when the civill Magistrat is usurping the power that doth not belong unto him , obedience is not to be yeelded , 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 expresse Act to the contrary , They m●…st not by their silence , And obedience unto such commands , gratify the civill Magistrat & make him another pope : See Apollon: ju●… Maj. circ●… sacra , par. 1 pag. 338.

SECTION XVII .

It is lawfull 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 Gospell , it will not be amisse to speak h●…e , of another case : And it is concerning such as either are , or shall be suspended , or deposed by the prelats 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 Magistrat : 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 cleare that notwithstanding thereof they are bound to look upon themselves as Ministers , & so not only may but ought to exerce their Ministery 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 prelats , were cast out of that Church , & abjured , & now submission unto their sentence , would be an expresse owneing of them , & acknowledging them to be really cloathed with Church power , & particularly with power over preaching presbyters ; & so they should acknowledge another officer in the Church , then Christ hath instituted , which no true Christian ought to do . If the 〈◊〉 should take upon him to depose or suspend any Gospell 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 Ministery ? And when the civil Magistrat taketh upon him to depose a Minister immediatly , if that Minister should upon such a sentence , be silent & submit , would he not thereby acknowledge that the Magistrat had power to depose Ministers formally ? Sure none could doubt of this : So then 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 extirpat them .

2. If it were lawfull to submit unto their sentence , it were undoubtedly lawfull to compeer before their court 〈◊〉 before a lawfull court , & answere unto any accusation given in against them , for if one may acknowledge the lawfulnesse of the sentence of such a court , they may also acknowledge it lawfull to answere before them , & so lawfull to owne them as a lawfull court . Now seing conscientious Ministers could not have clearnesse to compeer before the prelat or his Synod , when summoned ; can it be expected that they should counter-act their own testimony & condemne themselves , by submitting unto their sentence ?

3. Such a submission would prove very stumbling unto the godly for . 1. It would encourage them to owne the prelats as lawfull Church officers , to compeer before them , to obey their acts , & so to owne & acknowledge them as lawfully impowered ; for if they be owned & acknowledged in one particular , why not in all ? 2. it would wronge 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 lawfull Church judicature .

4. Who ever condemne 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 lawfull Generall assembly , being not lawfully constituted ; cannot condemne this ; but according to their principles , must preach ; for no doubt the power of prelats 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 justifie the power of prelats , & therefore it cannot but be expected that such as thoughte the sentence of that controverted assembly null , should now look on the sentence of a prelat , as null and of no effect and therefore as little , if not lesse , 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 lawfull authoritie for that effect , unto whom he is bound in conscience , to subjecte himself ; And so he shall have peace though the sentence be passed clave errante , unjustly . There will no man quite any of his goods upon a sentence comeing from an incompetent judge ; And shall a Minister quite with his Ministerie , which should be dearer unto him then any thing else , upon a sentence proceeding from an incompetent judge , ora privat 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 prelats were all away , they might not preach nor exerce any ministeriall Act , untill a Church judicature would take off the sentence againe , & then not only they , but the Church judicature also , in so doing , should acknowledge the validity of the sentence and consequently the lawfulnesse 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 signifie unto all , at their meeting , left they should forget it , & so mistake him & themselves both ; And he indeed maketh a fashion of asking 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 , unlesse it be to give their counsell & advice . But. 2. It hath been showne above that such meetings are no lawfull Church judicatures , no presbyterian meetings , but prelaticall conventions & conventicles , set up of purpose , for his ends & for the carrying on of his designes . And their not compeering before these meetings sayeth they did not acknowledge them to be lawfull meetings , & therefore they cannot now acknowledge their sentence .

It will be objected . 2. That though they ought not to be submitted unto as prelats or co●…rts of prelats ; 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 principall 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 immediatly : It is true he may put a lawfull 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 acknowledgeing of the Magistrat's power in the matter of Church censures , which is an assertion unto which no sound reformed divine will assent .

It will be objected . 3. That seing it is certane such shall be put from their Ministerie ere long however , for if they submit not unto the sentence , the civil Magistrat 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 civill 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 , & quietnesse under the crosse : And it is certane they shall have far more peace , who continue preaching as opportunity offereth , notwithstanding of any such sentence , untill some phisicall restraint or what is equivalent , be laid upon them ; Then such as shall willingly submit unto an unlawfull sentence , proceeding from an unlawfull judicature , deriveing power from an empty fountaine , & thereby give offence & great scandall both to good & bad .

It will be Objected . 4. That submission to judicaturies established by law , is necessarie ; 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 lawfull judicatures ; Yet it will be clear , that no submission should be yeelded unto the unjust sentences , of unlawfull judicatures . For the authors of the review & examination of that book intituled 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 , popes , but prelates , — & were no lawfull Church officers so that here their arguments conclude not , taken from the practice of Ministers , not submitting to the sentences of prelats in the Church . So that then all the Church of Scotland , as to this particular , it seemeth , was of one judgment and thought that Ministers should not submit unto prelats passing a sentence of suspension or deposition against them , these prelats being no lawfull 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 severall worthy & precious men before , as the book before mentioned sheweth , which instances are worth the noticeing now .

SECTION XVIII .

It is lawfull 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 goe to hear such Ministers , as they may lawfully hear , either in publict or in private , it is a cause sufficient for persecution : yea or if they meet two or three together , in any privat place , for prayer , conference , or any other Christian exercise , they are in hazard to be hailed to prison & , punished as keepers of conventicles .

Doubtlesse , 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 ; seing few who owne Christianity , or know the sweet of Christian exercises , and of Christian fellowshipe , will condemne 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 wayes should be forborn , a little must be spoken to justify both those courses .

And first for their going to heare , either in publick or privat such Ministers , as are still lawfull Ministers , what ever sentence hath passed against them ; & have given a faithfull testimony unto the truth , by adhereing to their principles , notwithstanding of all the sufferings they do , or can meet with , much needeth not be said , seing ,

1. They are so expresly & often commanded to heare the word of truth , to heare what is the minde of the Lord ; for by the Ministery of his servants doth God manifest his minde unto his people . The priests lips should preserve knowledge and the people should seek the law at their mouth , who are the messingers of the Lord of hosts : It is their duty to waite at the posts of wisdomes doors , this will be undenyable .

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 desireing 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 in-come : as they gote life & quickening grace that way , at the first , so have they oft found their souls revived , & their hearts enlairged , their eyes inlightened , their drouping spirits encouraged , their feeble knees lifted up , their doubts answered , & cleared , and their souls lifted up in the wayes of the Lord , & strengthened to turne the battell to the gate , & to stand against corruption , &c. And can any blame them for seeking after those watters that they have been so often refreshed by , formerly ?

4. There was never greater necessity ; for upon the one hand temptations abound , darknesse , fainting , discouragment grow : And upon the other hand , they have no other to goe to , unlesse they would resolve to drink of fouled watters , which their soul abhore : let none say that they thereby drive at separation , for they desire not to separat from the Church , not from the publick ordinances , whereever they can have them without sin ; they love the ordinances , only they can not owne 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 wholsome 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 enemie , & that they are afrayed 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 then Ten thousand men , as themselves have professed . But what is this else then to banish Christianity , to professe enmity unto Christian exercises ? And sure no Christian will condemne Christians for flocking together , as birds of one feather do , for prayer & other exercises in this evil time : seing ,

1. It hath been constantly practised , especially in evill times , in all ages , & why should it be condemned now ? Learned Voetius de Polit. Pag. 969. Sheweth that by this meanes , 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 truely tender cannot conforme themselves unto . Further he cleareth the lawfulnesse 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 rewarde them that in such an evill time wherein the proud were called happy & they who did work wickednesse , were set up ; Yea they that tempted God were delivered : Did speak often one to another , Mal. 3 : 16 , 17. the Lord hearkened & 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 writting to the Hebrews cap. 10 : 25. sayeth not forsaking the assembling of yourselves together as the manner of some is , & this is a warrand for privat Christians to assemble to gether ; for he is there pressing du●…es on Christians in reference to other privat 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 publick ordinances , but even also to privat 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 necessitie calleth for it that every one should be helpfull to another ; & therefore they should joyn together as one , for the mutuall relief & supply of one another : vis unita fortior . Eccles. 4 ▪ 9 , 10. two are better then one — for if they fall the one will lift up his fell●…w v. 12. & if one prevaile against him , two shall withstand ●…m , & a threefold cord is not quickly broken who then can condemne this practice ?

5. There are some generall comprehensive dutyes required of Christians , which will necessarily require their meeting together or by good consequence cleare the lawfulnesse thereof . as ,

1. They are commanded frequently to love one another Ioh. 13 : 34 , & 15 : 17 , 12. Rom. 13 : 8. 1 Thes. 4 : 9. 1 Ioh. 3 : 11 , and 4 : 7 , 12. Ioh. 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 Kindely 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 condemne their assembling together .

3. They must be of one minde 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 unlesse they meet together to communicate their mindes unto other , & to pray to God for light in any poynt of difference , &c.

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 , &c.

2. They must exhort one another Heb. 10 : 25 , and 3 , 13. & can this be done if they may not conferre 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 blesse the meanes & beare home the words of comfort ?

4. They must edifie 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 helpfull , strengthening & encourageing to another .

5. They must admonish one another Rom. 15 : 13. Presse or urge a thing upon the minde 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 hymnes and spirituall songs Col , 3 : 16. & can this be done unlesse they assemble together ?

7. They must be kinde 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 spirituall advantage , & that in love , & should they not then assemble together ?

9. They must receive one another Rom. 15 : 7. that is , receive with affection & imbrace , one another : And must they then scarre 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 confesse their sinnes to one another and pray for another Iam. 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 lawes , 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 lawes 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 severall 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. &c. And who then will condemne these Zealous Christians now for so doing ?

SECTION XIX .

The unlawfulnesse 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 carryed on , There is a high commission court erected consisting of the two arch prelats , & some other prelats , & of some noble men , some Magistrats of brughs , & some souldiers & others : And this number or any five of them , a prelate being alwayes one of the five , have power granted to them from the King who appoynteth them by vertue of his prerogative royall & 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 lawes & acts of Parliament & councell , remaine , or introduce themselves upon the exercise of the function of the Ministery , in those parishes & bounds inhibited by those acts ; all preachers who come from England & Irland without sufficient testimonialls , 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 printe to the scandall , reproach , & detriment of the Estate , or government of the Church & Kingdom , as it is now established : All who contemne molest , & injure ministers who are orderly setled : 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 lawfull calling as bussy bodies , goe about houses , & places for corrupting , & disaffecting people from their alleagiance , respect & obedience to the lawes : And generally , without any prejudice to the particulars specified , all who expresse their dissa●…sfaction to his Maj. authority by contraveening the acts of Parliament & Councell in relation to Church affaires , etc. This court appeareth terrible unto the godly , for the persecution of whom , & of none else , no not the most flagitious & prophane , it is erected ; & seemeth to be as a new court of inquisition . But that which is more lamentable is this : That there lyeth hid here a dreadfull 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 tryall & defection , saw a necessity of withdrawing , & of not compeering at their summonds , even though they might have pleaded them selves 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 lawfull 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 ecclesiastick , such as suspension , & deposition of Ministers , & excommunication both of Ministers & people , & therefore must be acknowledged to be a Church judicature . Now there is no warrand for any such Church judicature , in all the new testament ; nor is there any precedent of the like , to be found in the Gospell : & Christians must acknowledge no Church judicature but what hath a speciall warrand 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 vertue of his royall prerogative over all persons , and in all causes , as well ecclesiasticke as civil . So that none can acknowledge this court but withall they must acknowledge the Kings prerogative royall , & 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 Magistrat , & 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's Antichristian notions , will or can acknowledge this .

3. In this judicature , civil persons as such , viz. the Chancellour , Thesa●…rer , duk Hammilton , 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 & lawes of Christ's house , for Christ will have the affaires of his house governed by officers of his owne appoyntment : Who then can acknowledge such a court , & not with all consent unto this intolerable incroachment upon the privileges of Christ & his crowne , & justling of our Lord out of his rights ? is not this the fountaine of all disorder , & confusion , tending in end to the utter overthrow of all Church discipline , & to to the totall overturning of the Established order of Christ's house ? & can any acknowledge such a court , seing such sad consequences will follow thereupon ?

4. In this judicature , ecclesiasticke persons have power of civill matters & civill punishments , for the court hath power to fine , co●…fine , committ , and , inc●…rcerat for contraveening the Acts of Parliament . But that Church officers should medle with civill 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 civill 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 answere is concerning primacy & power , and not concerning the abuse of the power . So then 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 worthles of old , for avouching the Kingly office & power of Christ , & declineing the civill 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 incroachments 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 scarre at this .

6. Particularly the acknowleding of this court , would be a condemning of worthy & precious Mr Rutherfoord , & Mr Dickson who declined the High commission , and refused to passe from their declinature on any termes , 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 severall 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 worshipe , 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 Iesus 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 medling with civill affairs . 4. It it contrary to the principles of presbyterian government to have any other Church judicatories , then such as are allowed by the Gospell . 5. It is contrary to the principles of presbyterian government to have Church power & civill 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 civill power or places , & this was much looked to , at the begining of the late work of reformation , & condemned both by Church and state , Anno 1638 , 1639 , & 1640. And therefore tender Christians could not do this , & sinne 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 prelats 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 godlinesse , & so a partaking of other mens sinnes , & a runing the hazard of receiving of their plagues ; expresly contrary to that article .

9. As to the civill 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 owne 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 Kingdome , to consent unto an arbitrary power , assumed by the prince over them , contrary to the fundamentall lawes of the land , in setting up what judicatories he pleaseth without consent of Parliament , without whose speciall 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 , provinciall and nationall assemblies : That it was not regulated by lawes civill or ecclesiasticall ; but at the descretion and arbitrement of the c●…mmissioners : That it gave to ecclesiasticall persons the power of both t●… swords , and to persons merely civill the power of the keyes , and Kirk censures : and therefore did prohibite the use and practice of it , as being a court unlawfull in it self , and prejudiciall to the liberties of Christ's Kirk and Kingdome , and the King's honour in maintaining the Established lawes 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 nationall covenant , as sworne & subscribed Ann●… 1638 , & 1639. for in that covenant the land was sworne to resist all corruptions , according to their vocation & to the uttermost of that power which God had put into their hands , all the dayes of their life : And among other things referred to the determination of the Generall assembly , this , concerning the civil places & power of Kirk men was one : And accordingly the Generall Assembly did determine act sess. 25 , Decemb. 19. 1638. That it was both inexpedient & unlawfull for pastors separated unto the Gospell 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 unlawfull . 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 civill places & power of Kirkmen being declared to be unlawfull We subscribe according to the determination of the same free & lawfull generall assembly . So that it is most clear that none can owne this judicature without the breach of this covenant so explained ; because they cannot acknowledge this judicature , but withall they must acknowledge the civil power & places of Kirkmen .

It will be objected . That the Commissioners of that court and particularly the prelats may be owned as his Maj. Commissioners & so it will be lawfull enough to compear be fore them . Ans. If they be looked on as his Maj. Commissioners : Then either as his commissioners in spirituall matters , or in civill matters : If as his commissioners in Church matters , then no Minister or Christian could owne them as cloathed with such a power , because his Maj. hath no such power from God , & therefore they can have no power from him by vertue of this Commission : & moreover compearing before them under that notion as having power of Church censuras by vertue of a commission from the King , is an acknowledging of such a power in the King , which is contrary to truth , as is showne above . If as his commissioners in matters civil , then Church men should be owned as having civil power which were contrary to the clear word of Christ , & to the expresse determination of the Assembly & also contrary unto the nationall 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 prelats are now made constituent members thereof , & so compearing before them would be an acknowledging of the lawfulnesse 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 businesse , yet at their first compearance they would be necessitated to declare , that they do not acknowledge nor approve of Church men their having civill 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 wayes in the other case of appearing before the High commission , & that because , the Parliament is a full & compleat court without the prelats , so that though they were laid aside the Parliament would be a Parliament still : but without the prelats 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 essentiall 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 & answere , as before a court : But as to the Parliament the case is far different , for when the prelats are there laid aside there is a full compleet court remaineing , before which , you may stand & answere for your selfe : the Parliament hath been , & may be , a full & compleat Parliament without prelats but the high commission never was a court without prelats , & may be a court with full power & authority , when there are no other constituent members beside prelats .

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 materiall to consider either how little or how much of their power they do put unto execution ; but the maine thing is to see what power they may exerce : Now the best way to finde out this , is to look to their commission , which will abundantly cleare us in this : Their commission sheweth how far their power doth reach , or what actions or causes fall within the compasse 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 suspende , depose & excommunicate , every one must look upon them as a judicature having that power , whether they should alwayes , or never exerce it : And that their commission granteth to them this power , will not be denyed by any who hath ever seen the same ; And that part of it which was cited , doth cleare it suffeciently : And therefore it is a mixed judicature , being as well Ecclesiastick as civil .

If it be replyed . That properly they have no power of suspending deposeing & excommunicating immediatly : But the meaneing is , they are to cause the respective Church judicatures to suspende , depose , & excommunicate ; for the Act or commission containeing their power , sayeth they have power to appoynt ministers to be censured by suspension , or dep●…ion It is . Answered 1. They have power to appoynt Ministers to be censured by suspension or deposition , the same way that they have power to appoynt them & others to be punished by fineing , confineing , committing & incarcerating : but this power they execute not by putting other civil judicatures to do it , but they themselves immediatly do it ; & therefore so have they power granted to them to do the other immediatly , the ground of the answere is clear from the very words of the commission , which putteth no difference betuixt the way of their appoynting Ministers to be suspended or deposed & the way of their appoynting 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 , immediatly ; for so sayeth the commission it self That they are to ●…se their outmost endeavour , that the Acts of Parliament and councell ; ●…or the peace and order of the Church . &c. 〈◊〉 put in vigour and in impartiall execution Now as for this end they immediatly execute the lawes for fineing , confineing , &c. So have they power also immediatly to execute these lawes that are for suspending & deposeing of Ministers . 3. The end why this court was erected sheweth further that it is in part a Church judicature ; For it was erected to keep the peace & order of the Church & the governement thereof by Archbishops & Bishops : & to punish such as presume to violat , contemne , & disobey the Ecclesiastick 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 royall ; in all causes , and over all persones as well Ecclesiastick as civil : Now if they looked upon this court , only as a civil court , haveing power to meddle only with civil punishments , his prerogative royall in causes civil had been a sufficient Basis for this . Therefore the expresse mentioning of his prerogative royall in causes Ecclesiastick putteth it beyond all debate , that they have proper Church power granted unto them , & so may immediatly depose & suspend , &c.

In the last place , Some may object against the arguments brought from the unlawfulnesse of Church men their taking upon them civil places ; And say That though they will prove it unlawfull now for Ministers to take upon them such places ; Yet they will not prove it unlawfull for any to compea●… before them when instaled in those places ; More then it can be unlawfull to come before a judge who possiblie hath come'●… to the place , by unlawfull & indirect meanes : that is his fault , & others are not concerned therein : so here it is the prelates their fault to take upon them these places , & private persones are not so much concerned therein . Ans. There is a vaste difference , betwixt the prelates in this court , & other judges in other courts , though comeing to these places by indirect meanes ; For. 1. These other courts & places of judicature are unquestionably lawfull ; But the High commission is not a court so unquestionably lawfull . 2. Other courts are not affected , in the poynt of lawfulnesse or unlawfulnesse by the quality of the persones : But it is otherwise here in the High commission , the very lawfulnesse of the court is questioned upon the account of the prelats being members thereof sine quib●…s non . 3. These vices or indirect meanes , 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 prelats is notour to all who read the gospell , where they are expresly discharged by , Christ to meddle in such a manner with any civil place or power . & so . 4. That which is objected against the prelates 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 meanes to come by the place ; but the prelats as prelats ( 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 unlawfull to acknowledge a judicature unquestionablie lawfull , notwithstanding of some secret corruption in the entry ofhim who is in possession ofthe of the place : Yet it will be unlawfull to acknowledge a judicature in it selfquestionable ( at best ) whether lawfull or not , when such persones are made constituent members thereof , yea & members sine quibus non , that by the expresse 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 , ordaine , rebuke , depose or excommunicate Ministers ; should be 〈◊〉 acknowledgeing of civil persons , their having Church power , contrare to the lawes of the gospell . Therefore the arguments brought from the unlawfulnesse 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 sinfull court , even as to it's 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 nationall Covenant & the solemne 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 condemne the Covenants , which were solemnely sworne , & subscribed by Parliament , & at their command by all ranckes of people in the land , & by the King himself as was showne in the 2. Section . But they formed a declaration , Septembr 5. 1662. which they ordained to be subscribed by [ all officers of state , members of Parliament , privy councellers , Lords of Session , Commissioners in the exchequer , members of the college of justice , Sheriffs , Stewards or commissaries , their deputies and clerkes , Magistrats and councells of Brughs , justices of peace , and their clerks , or any other who have publick charge , office , and trust within the Kingdom ] And by the subscribeing of this declaration they promise as followeth .

I — do sincerly affirme and declare that I judge it unlawfull to subjects upon pretence of reformation , or any other pretence whatsoever to enter into leagues and Covenants , or to take up armes against the King , or those commissionated by him , and that all these gatherings , convocations , petitions , protestations , and erecting and keeping of Councell tables , that were used in the begining , and for carrying on of the late troubles , were unlawfull and seditious . And particularly that these oaths , whereof the one was commonly called , The nationall Covenant , ( as it was sworne and explained in the year 1638 and thereafter ) and the other intituled A solemne league and Covenant : were and are in themselves unlawfull oaths , and were taken by , and imposed upon , the subjects of this Kingdom , against the fundamentall lawes , and liberties of the same . And that there lyeth , 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 lawes 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 , &c. Exod. 18 : 21. 2 Sam. 23 : 3. Neh. 7 : 2. & 13 : 13. should be periury 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 unfaithfulnesse ? Cicero in offic ; Lib. 1. sayeth the ground work of justice is faithfulnesse and truth , that is to say ; constancy and truth in words and Actions : and how can such execute justice betwixt man & man , & presse faithfulnesse in words & Actions , who are ringleaders in unfaithfulnesse themselves ? How can they presse & 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 de fidel●… administratione ? And how can it be expected that such shall make any conscience of their oath de fidel●… administratione who have already declared & avowed themselves perjured , & foresworne ? 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 lawes & constant practique 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 Magistrats in the land , who have refused to subscribe this declaration ! And how may this stand on record to the perpetuall infamy ( the punishment assigned to perjured persons by the law of the 12. Tables ) of this generation , that it did both sweare a Covenant with God , & now hath openly & avowedly anulled , cancelled , & 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 Liv. 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 alwayes perjured : or Cretians , who are alwayes lyars , Ti●… . 1 : 12. And what will binde such whom oaths will not binde ? How fitly may that of Iav●…nal , 〈◊〉 Satyr 13. be applyed 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 , &c. The weight , on fortune , some lay , of each thing , And think , no God , the world doth governe , Nature alone , by runing round , doth bring About both dayes , and years , hence they do learne , To touch each altar without fear , And boldly every thing to swear . But others feare lest plagues their guilt pursue , Thinke there are Gods who punish will such crimes , Yet they 'll for sweare ( o such a wicked crue , Resolving so to do at severall times . Let God decerne , with what desease 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 doe care , To plague & punish all who guilty are , How longe 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 doe perpetrate The same vile crimes , & yet with diverse fate , One hath the gibbet for his crimes reward ; To others , crowns for crimes are oft prepar'd . So bent are men now to defy , Heavns-witnes ; ev'n the Deity .

But moreover this oath must be pressed on others beside the persons mentioned , by the privy councell , 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 hainously provoked the Lord , to send a sword , which shall avenge the quarrell 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 copie , If these three things be considered . 1. How sinfull & hainous a crime it is to break these covenants . 2. What dreadfull judgments may be expected to follow upon the breach of covenant & . 3. How weak the grounds are whereupon such goe as cry down the lawfulnesse & 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 plaine & 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 de jur. bel & pac . Lib. 2 , c , 11 , §. 3. ) is when the will doth determine it self for the time to come with a sufficient evidence shewing the necessitie of persevering & this ( as he addeth ) doth either oblige simply or under a certane condition : Or else such as are full & compleat , promises ; Such as promises of giving & promises of doing , & in these ( as he sayeth 1b . § . 4. Beside the determination there is also a signe of voluntary resigneing the right over unto another . He further there proveth , That these promises do binde . 1. By shewing 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 Salomon . Pov. 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 bondes & ought to be keeped : hence that . Verbaligant homines Taurorum cornua fun●…s , Buls by their horns , men binde 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 sweare any oath , because that would have imported that their bare word & promise , was not be to rested on , as securitie enough . Thus the Scythians , ( as Grotius sayeth de jure bell . & Pa●… . Lib. 2 : c. 13. §. 21. ) refused to sweare to Alexander , & told him that colendo fidem juran●… , They sweare by valueing their promise . So when at Athens a grave person came to give his oath at the altar all the judges cryed 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 speach before the Senate ( as Liv. sheweth Lib. 9. ) sayeth that promises no lesse then 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 payed i●… usurie should be allowed in the first place : Claudius Crassus 〈◊〉 of the Patricij had an oration to disswade the people therefrom , shewing them how that by this meanes , 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 publick faith , hence in all their straites the people did lend money most willingly unto the Senat , not knowing how it could be better secured : ( Liv. Lib. 25. ) And therefore they honoured their publick faith as a Goddesse & had a solemne place appoynted for her , in which place all their articles of peace & covenants were sworne , ●…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 contrarie thereunto ; But they would not suffer others to do any thing which might seem to reflect on them , & their faithfulness ; & therefore ( as Liv. sheweth Lib. 28. when Hanniball had over thrown Saguntum a citie in Spaine , which had befriended the Roman interest , they thought it their dutie to recover that citie out of the hands of Hannibal , & did so . Memorable is the storie of Fabius the dictator , mentioned by Liv. Lib. 22. who ( when Hannibal was wasteing Italie , & had spared a piece of ground that appertained unto him , of purpose to make the report goe that he had complyed with him ) seeing his fidelity thus in hazard to be questioned , sent his sone to Rome to sell that piece of ground , & with the money thereof he payed what he had promised for the relief of some captives , upon the publick faith : & thus fidem publicam privato impendio exsolvit . When Iugurtha King of Numidia had killed the two Grand children of Masanissa that he might possesse the whole Kingdome . The Romans called jugurtha to answere for this fact & secured him in coming by their publick faith , & because of the saife conduct which they had promised , they sent him away saife notwithstanding that he had owned the wickednesse done by 〈◊〉 his companion , And had conveyed him away quietly : See Salust . 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 ambassadours to Rome , to treat for a peace , & in the mean time Asdruball taketh 230 of the Roman ships which had been driven from the fleet by storme , & which the ambassadours 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 publick faith sent away the Carthaginian Ambassadours saife ( See Liv. Lib. 32. ) So was it their publick faith which freed Han●…o a commander of the Carthaginian forces , notwithstanding that the Carthaginians had put Cornelius As●…na a consul in chaines , 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 dimme letters of natures light . How may those religious heathens , ( if they may be so called , being compared with the more then heathenish Christians ) have hissed Matchiavel out of their common-wealth , & banished him their society , as fitter to live among beasts , with his beastly overtours , then among men ; Seing they tend in effect to turne 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 wilde 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 stucke up a glove upon a pole or a spear & carryed it aboutin their publicke meetings .

2. There is in the breach of those covenants , a clear breach of an oath . The covenants are sworne covenants , & so the breach thereof is the breach of an oath , & this is no small sin . Heathens acknowledged a great bindeing force in oaths : hence Cicero de offic. lib. 3. sayeth , That an oath is a religious affirmation , & what is promised , God being witnesse , should be performed . & againe , He who violateth his oath violateth this faith . & againe our fore-fathers , would have no bonde straiter then that of an oath , as the lawes in the 12. tables shew , and their covenants whereby they did binde themselves even to their enemies and the observations of their censores , who took notice of nothing more then of peoples keeping their oaths . An high account then have even heathens had of their oaths : Yea Livy sayeth that faithfull promises are sufficient to rule a city though there were no lawes nor Magistrats . Memorable is the story of Regulus who being taken captive by the Carthaginians , having given his oath either to returne to Carthage , a prisoner , or procure in his place the liberation of some of the Carthaginians then prisoners at Rome , gote liberty to goe 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 oth of the enemy he was not a free senator ) disswaded 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 uselesse . When the Senat 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 countrey , with his owne dear family , & to enjoy the honour & privileges of a member of the senate : & upon the other hand the thoughts of his cruell & bloody enemies , & their not oriousnesse in perfidy ▪ Yet for all this , conforme to his oath , he returned , & rendered himself their prisoner ; and when he did so ( sayeth Cicero de offic. lib. 3. ) his case was better then if he had stayed at home a perjured old captived Senator . And Cicero when he is againe speaking of this same businesse sayeth that he could do no otherwise then , when nothing was accounted surer then an oath . And upon this account is it that this Regulus is so praised by Siliu●…●…t . as Grotius sheweth de jur bel . & pac . lib. 2. c. 13. , § 16.

Qui longum semper famagliscente per avum , Infidis servasse fidem memorabere Poe●…is . Through ages all increas'd shall be , Thy spreading fame & memory , Whom all the terrours 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 , unlesse he would give his oath , to let his father goe free ( against whom there was an action intended ) having given his oath thus out of fear , resolved to keepe it , & therefore according to his oath he letteth Manlius goe free tantum illis temporibus jusjurandum valebat oaths were in such an account in those dayes , ( sayeth Cicero ubi supra ) Memorable also is the story of those whom Hannibal took captive , & sent to the Senat upon oath to returne unlesse the Senat would liberat some of his commanders , & when the Senat refused to do this ( for they would redeem no capitives , though they might do it , at never so easie a rate , that their souldiers 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 enemies campe , a little , as if he had forgotten some things , thinking , by this meanes , to free himself of his oath , & so when the rest returned to Carthage , he stayed : But the Senat 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 Emperour 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 severall of them upon small occasions : And such respect had he unto this oath that when severall 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 dimme star-light of nature make so much of oaths , & shall Christians trample them under foot ? When there is no greater security imaginable betuixt person & person , & betuixt nation & nation ; Nor no other way for ending of controversies , for secureing peace , & mutuall fellowship , but an oath ; shall Christians make no conscience of these bonds , though the law of nature , & the law of nations , cannot imagine a bonde beyond that ? It was a foule staine upon King Iames. 2. To kill VVilliam Earle of douglas in the castle of Sterlin after he with some nobles present had assured the said Earle of his life by their subsciptions , & it did so irritat the Earles friends ; that they took the publick write & put it upon a board , & tyed it unto a horsetaile , dragging it thorow the streets : & when they came to the market place they proclamed both the King & the nobles perjured covenant breakers And thereafter when Iames 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 lawes of God or man , and who had so perfidiously and treacherously killed his brother and his cusines . Yea shall Christians , not only goe 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 barrs of the Lord 's exexpresse word , & cast the cords of oaths behinde their backs , after that the Lord hath so often commanded the contrary . Scripture , is clear for peoples standing to their oaths which they have sworn in the Lord . They are to swear in truth , in judgment and righteousnesse , Ier. 4 : 2. They must not take the name of the Lord in vaine , Which if done at all , is done by fore swearing , or swearing falsly . It is the qualification of one who is to inherite heaven Psal. 15. That though he swear to his own hurt he will not change . Such false sweareing is expresly against the minde of God as these scriptures do cleare , Levit. 6 : 3. & 19 : v. 12. Numb. 30 : 2. Ier. 5 : 2. & 7 : 9. Ezek. 16 : 59. & 17 : 16 , 17 , 18. Hos. 10 : 14. Zech. 5 : 3 , 4. & 8 : 17. Mal. 3 : 5. Many precedents in scripture cleare 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. Iosua 2 : 12. comp: with Cap. 6 : 22. So Ios. 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 hainous iniquity for any who are engaged in this Covenant , to cast it behinde their heels , & contradict what they have there sworne . 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 dreadfull 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 lesse then the obligation of an oath ; For in every vow there is an implicit calling of God to witnesse , & a vow is of the like nature with a promissory oath , & so should be performed with the like faithfulnesse ( sayeth the confession of faith , at Westminster cap. 22. Sect. 5. ) That lawfull vowes ought to be observed with all carefulnesse , many both precepts & precedents in scripture do cleare 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. Iudg. 11 : 30. compared with , Levit. 27 : 28 , 29 , Ps. 132 : 2. & 22 : 25. & 56 : 12. & 16 : 5. Prov. 20 : 25. Isa. 19 : 11. Iona. 1 : 16. & 2 : 9. Nah. 1 : 15. So then the sin of violating these oaths or covenants , being likewise the violation of a solemne vow , made unto the Lord , after which it is not lawfull so much as to make inquirie , 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 Kingdomes , do mutually covenante each with other , for the performance of those things which do concerne them in their severall stations , either as to the work of reformation , or as to the preservation of each others mutuall rights & privileges . King and Parliament do Covenante to preserve the peoples 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 & engadge 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 hainous & uncouth thing , & did abhominat the same . Hence Collicrates did disswade the Ach●…ant from hearkening to Perseus the King of Macedon who intending warre 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 minde , v. 28. The obligation of a Covenant is the highest assurance , & greatest ground of security that natures light could finde out , betwixt nation & nation , or betwixt man & man , in matters of greatest concernment : And this ground of assurance is generally rested on , by all , unlesse they have to do with a Hannibal , or with the Samnites , whom no Covenant could binde . 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 mans promise was lesse esteemed of ] & of Hannibal [ that in warring against Rome he did wadge warre more against his owne faith and promise ; and rejoyceing in lyes and deceit , as so many excellent arts , he resolved to leave behinde 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 sworne do violate , 'Gainst 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 , perfidiousnesse with perfidiousnesse & sayeth Appianus [ persidia persidiam ultus , contra Romanam dignitatem , barbaros ●…abatur ] It was a great evidence of basenesse 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 friendshipe , were but snares for the simple . So Buchan in vi●… . Gorani . So that natures light teacheth the obligation of Covenants to be inviolable . And also the light of the scriptutes teacheth the same , Ios. 9 : 19. Neh. 9 : 38. 2 King . 11 : 17. Ezek. 17. throughout , Ier. 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 owne as his , he being called to witnesse therein , by an oath , which was interposed . All Covenants confirmed with an oath ; whatever the things be , religious or civill , concerning which ; they are made , are owned of God as his ( hence the Covenant : betwixt David & Ionathan is called the Covenant of the Lord , 1 Sam. 20 : 8. ) & upon this account the violating of those sworne Covenants must be a hainous & great transgression , & therefore Zedekiahs fault in breaking his Covenant with the King of Babilon , is aggraiged upon this score , Ezek. 17 : 19. & so●… judgments 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 owne head ] The oath is called God's oath , & the Covenant God's Covenant , which v. 16. is called the King of Babilon his oath , & his Covenant : And upon this account the sin is aggraiged & he is the more assured of judgments , because of his breach of this Covenant . So likewise that Covenant mentioned , Ier. 34 : 8 , 9 , 10. wherein th●… princes & the people did sweare to let their . Hebrew servants goe free , is called God's Covenant v. 18. & upon this account sorer judgments 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 owne 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 bindeing & inviolable then 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 faile . Now none can either dispense with , or grant remissions in , the matters of God . Moreover Covenants made with God , are more absolute , & lesse clogged with conditions , & so more obligeing . And therefore the sin of breaking such covenants , must be the greater ; & all may be sure that God shall avenge the quarrell of these Covenants , which are his owne , he being in them , not only judge & witnesse , but also altera pars contra●…ens , the party with whom the Covenant is made Lev. 26 : 15 , 16 , 17 , 25.

7. It will be the breach of Covenants , made with God about morall duties . It is a morall duty to abjure all the poynts of popery , which was done in the nationall Covenant : & it is a morall duty to endeavour our own reformation , & the reformation of the Church , which was sworne to , in both Covenants : It is a morall duty , to endeavour the reformation of England & Irland , in doctrine , worshipe , discipline and Government , which was sworne to in the league & Covenant : It is a morall duty to purge out all unlawfull officers out of God's house , & to endeavour the extirpation of heresy & schisme , & whatsoever is contrary to sound doctrine , which was sworne to there also . It is a morall duty to do what God had commanded towards superiours , inferiours & equalls ; which by the league & Covenant , all were bound unto : And therefore the Covevenants are strongly obligeing , being more absolute then other cov : because they binde & vi materiae & vi sanctionis , both by reason of the matter , & by reason of the oath , & so are perpetuall Ier. 50 : 5. And therefore a breach of these must be a greater fault then the breach of such Covenants , as are about things not morally evil , which only binde vi sanctionis , & so it is beyond all doubt that the breach of these Covenants is a most hainous & 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 morall , & indispensable duries , & such duties upon which dependeth the glory of God , the advancement of the Kingdome of our Lord & saviour Jesus Christ ; The honour & happinesse of the King's Majesty , & his posterity , & the true , publick liberty , saifty & peace of the Kingdomes , & the good of posterity in all time coming , & the Lord's being one , & his name one in all the three Kingdomes : And so the transgessing of such Covenants must be a greater fault then 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 seing , those Covenants must binde , though all had broken them , & brunt them , also , so long as ●…fe lasteth ; It must be a hainous crime to break them .

9. It will be a breach of Covenants reall & hereditary , such as reach not only the persons themselves entering into Covenant , but likewise their posterity , like that betwixt David & Ionathan , 2. Sam. 9 : 7. & 21 : 7. & that betwixt Iosua & 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 Kingdome , the Covenant must binde quia manet idem corpus , etsi mutato capite though the head be changed , the body of the commonw●…alth is the same . And againe he sayeth , as grving another evidence of such Covenants . When there is such a clause in the Covenant as that it should be perpetuall , or when it is such as is made for the good of the Kingdome & addeth , When neither ma●…er nor expressions can certanely determine , then favorabiliora creduntur esse realia the most favourable & advantagious are reall Covenants . So that by these marks & evidences , it is clear , that these Covenants are reall Covenants , obligeing 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 Iosua & the princes which did binde 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 crowne on his head , in the day of his solemne inauguration : & this though there were no more , will make it a reall Covenant , binding the people according to that , imperator foedus percussit , videtur , populus percussisse Romanus . As King Zedekiah's oath ▪ to the King of Babilon , did oblige the people : Now then seing where either the body of a land , their Parliaments , or their prince , in their severall capacities , do Covenante ; the Covenant becometh reall & perpetually obligeing ; much more must it be so , where all these three are , & so theseoaths being Regall oaths , Parliamentary oaths , & nationall oaths & covenants , they must be covenants perpetually obligeing ; 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 obtaine the Empire , & had their state changed . So the publict 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 perpetuall , reall & publick : 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 Iesus Christ , the honour & happinesse of the King's Maj. & his posteritie , & the true publick liberty , saiftie & peace of the Kingdoms , wherein every ones privat condition is included ▪ sure all this is a publick good , & a publick nationall good , to be endeavoured by the Kingdom of Scotland in all future generations : & againe it is added ( for preservation of our selves & our religion , from utter ruine & 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 middest of 〈◊〉 . And in the second article there are these words . That 〈◊〉 Lord may be one & his name one in the three Kingdomes : & in the fift article there are these words we shall each one of us according to our place & interest endeavour that these Kingdomes may remaine conjoyned in a firm●… peace and union to all posterity : So that it is beyond all question , that the scope & intent of the covenant is publick & nationall . 〈◊〉 Consider the matter of the covenant & this will yet further appear : The very matter sheweth this , for as was said , it is about morall 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 promissorie oath is of ●…orce to binde the posteritie . So then this being a publick , reall , nationall , covenant , It must be a hai●…ous offence to transgresse it , & such an offence , as their posteritie 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 obligeing perpetually , by the very persons who did solemnely sweare & enter into these covenants . This cannot but be a great aggravation of this crime . If it would be a sin for their posteritie some 〈◊〉 of yeers after this , to transgresse these covenants , will it not be a greater sin for them , to beak them , in their own dayes's How unspeakably hainous must it be that the very persons who lifted up their hands & swore as they ●…hould answere to God in the great day , do run counter their own oath , & transgresse 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 yeers famine , & his anger to burne sore against the land , till Seven of Saul's posteritie were hanged up before the sun , when this was Three hundred yeers , or more , after the Covenant was made , would it not have been a greater sin if in Iosua's dayes , he & the very princes who made the Covenant had broken it ? Sure the posteritie after some hundereds of yeers 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 then 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 sweare these Covenants that doth now break them ; seing they cannot yet be ignorant or forgetfull 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 sworne with the greatest solemnities imaginable : whether or not that be true That quanto crescunt &c. as the solemnities do grow so groweth the oath : Shall not be now debated , though it seem a truth that solenne juramentum non magis obligat exse & naturâ suâ quàm simplex , that an oath accompanied with solemnities hath no stronger obligation of it self , and in its own nature , then a simple oath wanting such solemnities : Yet as Doct. Sanders . sayeth de jur. Prom. obl. Prael. 5 : § . 12. The solemnities of the oath do aggraige the sin of perjurie necessaryly and inseparably for which he giveth two reasons . 1. Because of the greater deliberation ; for these externall rites & solcmnities are used of purpose to strike into the minde a greater reverence of the Action and a greater sense of religion , that so the man might goe about the Action with greater attention , & deliberation , and every sin caeteris paribus , is the greater that it is done against a deliberat Act of the will . 2. Because of the greater scandall for the more solemnely any thing 〈◊〉 done it is the more observed , & bymoe , & therefore the scandall is the more notorious & pernicious . Scripture is likewise clear for this , as may be seen , Ezek. 17. where the perjurie of that King is aggravated from this , among other things : v. 18. when l●… he had given the hand , that is , when he had solemnely engadged 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 calfe , a rite used in making of solemne Covenants it was to have some beast or other divided in two , & the Covenanters were to passe thorow 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 then 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. Adde to these . That it would be the breach of such Covenants against which there is no just exception why they are not of bindeing force ; and this shall be made to appear in the 22 & 23 Sections following : And this will further aggravat the hainousnesse of this sin of breaking these Covenants .

SECTION XXI .

The great & dreadfull hazard of perjury , or Covenant breaking , is demonstrated .

HAving shown how sinfull & hainous 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 beleeve 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 feare : Who with deceitfull hearts do sweare .

Cicero pro Roscio Comoedo sayeth [ whatsoever punishment is appoynted by the immortall Gods unto perjured persons , the same is appoynted unto lyars , for The Gods are wroth for the perfidy and malice whereby snares are laid for others in these covenants and againe 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 visite On parents ; but them long do'th spaire : The children sure shall them inherite Their punishments deferred beare , Parents false tongues do riches gain Children them vomite up againe .

Homer Il●…ad . 4. Sheweth how Agamemnon inveigheth against the perjury of the Trojans thus , as he is paraphrased by one .

Etsiperjuros violato foedere Troas Iupiter e coelis praesenti haud puniat ira At quandoque graves magno cum f●…enere poen●… Hi cum conjugibus tum 〈◊〉 a stirpe rependent , Though perjur'd Trojans Covenant who breake Jov' doth not plague from heav'n , with present ire : Yet sometime shall he on them vengeance take Pay them & theirs , with increase of their hyre .

And againe ●…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 passe unpunish'd those Who with contempt , the heavenly pow'rs 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 & perjur'd head Of fraud & treachery all made , No punishment appoynted be ? Beleeve me thon may'st this man see In weighty chaines & setters bound ; In triumph led , cast to the ground Then have him kill'd at will & pleasure Can all our wrath wish harder measure ?

Hence their fictions of Iupiter's fountane of Tyana : the watters in Sardinta & Bythynia ; & the A●…dine wel , which had severall malignant influences upon perfidious persons ; all speaking out what judgments 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 Iupiter might cast them away , as that stone was cast away : And their throwing of pieces of red hote iron into the sea , did import that they expected the Gods might & would so extinguish Covenant breakers : So also their wishing that God wold so strike the Covenant breakers , as the publick officer did strik or cut the beast ; as Liv. hath it Lib. 9. sheweth 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 judgment of God . He will not hold th●… guiltlesse that take his name in vaine . The judgment which followed the perd●…e of Saul in breaking the Covenant which was made with the 〈◊〉 , some hundereds of yeers after it was made , may make Christians to tremble . So these sad threatnings 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 & deceitfull men shall be brought down into the pit of destruction , & shall not live out half their dayes ; Psal. 55 : 20. Compared with , v. 23. That is a dreadfull word , Neh. 5 : 13. Also I shoke 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 lesse 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 sworne decei●…fully , Ps. 24 : 3 , 4. And he that shall ab●…de in the tabernacle of God , is the man who though he sweare to his own hurt , yet he changeth not , Psalm 15 : 1 , 4. That is a dreadfull word , Zech: 5 : 2 , 4. [ the flying roll , the length whereof is Twenty cubites , & the breadth thereof Ten cubites — shall enter into the house of him that sweareth falsly , & shall remaine in the midst of his house , & shall consume it , with the timber thereof , & the stones thereof . ] And Ier. 34 : 17. — [ behold I proclame 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 Kingdomes 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 calfe in twaine & 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 bodyes shall be meat unto the soules of heaven , & to the beasts of the earth . ] Doth not the Lord Mal. 3 : 5. Say ; That he will be a swift witnesse against fals swearers ? And Livit. 26 : 15 , 16. he sayeth [ He will appoynt , terrour , consumption , & the burning ague , that shall consume the eyes , & cause sorrow of heart ] to such as will break Covenant . & againe v. 25 he sayes I will send a sword that shall avenge the quarrell of my Covenant . Yea perjury occasioned the ruine & destruction of the Kingdome of Iudah for Zedekah the last King thereof was perjured & therefore was pursued by God , & sold into the hands of the Caldeans . So did it occasion the ruine 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 falsly ; for the King of A●…ria found a conspiracy in him , & he & his people in the ninth yeer of his reigne were carryed away to Assyria : & so both those Kingdomes of Israel & Iudah were ruined & brought to an end by the perjurie 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 calfe Ier. 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 judgments have followed , & will follow that sin of perfidie : So Prophane histories abound with instances of God's pursueing this sin with sad & fearfull judgments . And Florus sayeth Lib. 51 : 52. That perfidie occasioned the destruction of the famous citie of Carthage which did strive with Rome it self , in poynt of grandour , as also that it occasioned the destruction of Corinth of Thebas . & of Chalc●…s three famous cities of Greece . Hanniball was notoriously persidious & ( as Liv. sayeth Lib. 39. ) he gote 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 poyson which he had prepared , & so ended his dayes . 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 sheweth 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 battell against Scipio & being taken prisoner by Scipio he confessed he had done madly in waging warre against the Romans & had broken Covenant : & by this meanes his Kingdom came under the power of the Romans . So Liv. sheweth 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 dayes : 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 warre 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 controversie , viz. which of the parties had broken Covenant before . ] Herodotus relateth a storie of one Cydias an inne keeper with whom one Archetimus left some gold to keep till he had returned from doing some businesse ; When Archetimus required his money againe , he denyed that he had it , at length the matter is referred to his oath , & a day is appoynted for that end , against which day Cydias prepareth a hollow staffe wherein he putteth all the gold , & feigneing himself to be sick , he taketh the staffe in his hand , & cometh to the Church where he was to sweare , & when he cometh thither , he giveth Archetimus the staff to hold , untill he had given his oath : And when he did sweare that he had given backe all the gold which he gote to ke●…p , Archetimus was so offended that he did cast the staffe to the ground in his anger , with such force as that thereby it broke in two , & the gold appeared , & the deceite 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 storie of one Glaucus in Sparta , with whom Milesius left some considerable summe of money , & when after Milesius's death his Children came to seek the money , he denyed 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 poste , Roots house & offspring from their coast .

Glaucus hearing this gave againe the money ; & yet shortly thereafter he & all his familie was utterly extinct : And therefore juvenall 〈◊〉 Sa●…ir. 13. closeth this historie 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 bent to it ; For who contriveth evil secretly , He of the fact is guilty really .

Memorable is thehistorie of the persidious dealing which Iohn Husse did meet with ( as it it recorded by Sleidan in his comment : Fol. 43. Edit 1559. ) who in October An. 1414. Was called by Sigismund unto the Councell at Constance having the publick faith engadged for his securitie , or a saife conduct granted to him , & within three weeks after he came thither , was made prisoner , with which Sigismund was offended , it being done in his absence : But being informed how there was no faith to be keeped unto hereticks , he not only misregarded the petitions of the Bohemians requesting him to keep his promise ; but also condemned the said Iohn Husse to be burnt , & his ashes to be scattered on the river of Rhine : Thus did that Emperour 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 credite : And moreover there was a canon made that no promise should be keeped unto hereticks , or to such as were suspected of heresie notwithstanding that the Emperour should engadge his publick faith , for their saiftie , when called to any Councell : But what followed upon this perfidious dealing ? When the report of the execution of Iohn Husse & Ierome of prague spreadeth thorow Bohemia , there ariseth great tumults which draw to a war under the valient & renouned Iohannes Zischa , which was so bloody & cruell that Sigismund was forced to implore help of the Empire .

Memorable is that passage in the Turk's historie , concerning the Covenant betwixt Vladislaus King of Hungary & Amurath for Ten yeers peace , & the consequences of the breach thereof . This Vladislaus was moved by great Kings & princes , as well Mahumetans as Christians , & also by Iohn Palaeologus of Constantinople , & by Francis the Cardinall of florence generall of the Christian fleet , who shewed him , how low Amurath was brought , & what faire advantages the Christians had ; & Especially by Iulian the Cardinall , who had a long speach 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 concerne ; Whereupon the war was renewed against the Turks & when battell was joyned , near to Varna , the victory began to incline to the Christians , so that Amurath was thinking to flee , but was stayed by a privat souldier ▪ & 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 bosome which did containe 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 dreame , revenge the wrong now done unto thy name , and me ; and shew 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 poynt of a speare , his army is broken , Iulian the Cardinall 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 warre with the Turks had very ill successe .

It is reported of Rodolphus duke of Suevia that being instigated by the Pope , he waged ware against Henry the 4th Emperour 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 crowne 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 judgment , 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 saiftie it self save this people 〈◊〉 blesse this project so blackly blasted with perjurie , a sin so repugnant to morall honesty , so injurious to the peace & quiet of the world , so odious in it self , so scandalous to all men ▪ to break a league , when confirmed by oath ( the strongest bond of conscience , the end of particular strife , the souldier of publick peace , the assurance of amity betwixt diverse nations ) is a sin so hainous 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 fairely spread his traine , but will melt his feathers soon after . The fabrick must needs come tumbling down whose foundation is laid in perjury .

In the history of Scotland there are severall memorable passages to this purpose , When Durstus the eleventh King was pursued by the Nobles for his wickednesse , & had promised to amend his manners : He did solemnely swear to passe 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 armes against him , & he was killed in battell . Thus did God pursue him for his perfidy . It is recorded by Buchan : on the life of Gregorius that the Britans 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 barr , & there to defend himself ) he reneweth the old league with France , & casteth off England contrare to his oath ; alledging 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 floure 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 Sr William Wallace , but this did not last long ; for Scotland was againe subdued , & King Edward called a Parliament at St Andrews , where againe , all the nobles ( except Sr William Wallace ) did swear alleagiance unto him , & this was the sad fruite 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 & faithfulnesse to other ; Cumin perfidiously did reveal the matter unto King Edward , but for his treacherie 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 spoile Scotland , But being payed home by the Scots , it draweth to a warre on the south borders , & there England is foiled , & looseth 3000 , beside many prisoners , & the Scots obtaine a great booty ; for the English did certanely expect the victory , & therefore came forth , more for pompe & glory then for fighting .

About the year , 1535 , the King of England sent to Scotland to commune with the King , about some solide peace & agreement for the time to come , & offered to K. Iames. 5. Then unmarried his doughter , & to make him King of great Britane after his d●…ath , & in the mean time to give him the stile of the Duk of yorke : King Iames 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. Ambassadours were sent againe from England to desire that the King would goe to York , & there treat with the King of England , conforme to the last agreement . The priests stood in the way here also , with which the King of England was offended , & resolved to raise warrs against Scotland . The result of which war , was , that at length the scottish forces were all scattered & broken , at the report of which defeate , the King was so grieved & vexed that within few dayes he died .

Againe when King Iames 5. Dieth , the King of England , communeth with the Scottish prisoners , whom he had taken at the last battell , concerning the marrying of his sone , with the young Queen King Iames his doughter , & when they promised to do what they could , without wronging either the publick good , or their own credite , he sent them home , appoynting 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 businesse was concluded , & thereafter the contract was signed by both Kingdoms & solemnely subscribed in the abbay of Halirood house , & the sacrament was broken , ( as the forme was ) betwixt the Governour of Scotland , & Mr Sadler Ambassadour from England . But the old Queen & the Cardinall , being against the match , stirre up all to a breach , & perswade those who had been prisoners in England , not to return thither , to relieve their pledges ; only the Earle of Cassiles ( from whose constancy & faithfulnesse the Earle who now is , is not degenerated , but as his predecessour was sole in keeping Covenant , so is he singular ) went , according to his promise & relieved his owne pledges , & being approven by Henry for his constancie & faithfulnesse was freely set at liberty & sent home . But what followed upon this breach of Covenant ? Many sad intestine broiles 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 burne Edinb . & many places thereabout ; & againe his army did enter the borders & waste & burne all about Kelso & jedburgh & thereafter they spoile & waste all the Mers , Teviotdale , & Lauderdale & some yeers thereafter , viz. Anno 1547. He sendeth , a great army againe into Scotland , & when it lay about Pinckie , there was a letter sent unto the scottish forces , shewing the ground of the war not to be avarice , hatred , or envy ; but a desire of a firme & ●…asting peace which could not otherwise be had then by the marriage which was proposed & assented unto , by the Estates , & an agreement thereupon sworne & subscribed ; But the scottish army would not hear of this but resolve on battell , & 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 sheweth us what way the Lord avenged the bloody perfidiousnesse of Charles 9. who had broken five or six severall pacifications & conclusions of peace , solemnely made & ratified , betwixt him , & the protestants : For he was smitten with a vehement desease causeing him to wallow in his own blood , which he vomited out in great abundance , by all the conduits of his body , for divers houres , 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 solemne declaration that the Massacre committed Anno 1572. was against all right & law of armes ) & then againe An. 1580. Was stabbed in the belly with a knife , by Iames Clement a Iacobin 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 solemne league & Covenant vindicated : And the author of the seasonable case , & caet Answered .

THe last thing which remaineth , is to shew 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 sophisticall chifts think to blinde their owne eyes & the eyes of others , God , who will not hold them guilt lesse that take his name in vaine , will , no doubt , by sad answers from heaven , discover the impiety & folly of these patrons of prophanity & inhumanity . Severall in the Kingdom of Engl. have vented their skill in that blake art of looseing the bonds of sacred Covenants . But their principles tending to all prophanity have been sufficiently discovered & answered by Ms Crofton & Timorcus . & there is one in Scotland who in a late pamphlet intituled , The seasonable case of submission to the Church Government , &c. tryeth how far his skill will reach in this art . O how fitly may that of Plautus be applyed 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 , twelue 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 patronize such a bad cause : & least of all can he be known by the description he giveth of himself in the frontispiece , 〈◊〉 lover of the peace of this Church & Kingdom unlesse he meane such a peace , as is the plague of God upon the heart , filling it with senslesnesse & stupidity , & lulling it asleep in his iust judgment , because of the palpable breach of a Covenant : Or such a peace as is very consistent with the curse & vengeance of God pursueing the quarrell of a broken Covenent . But whoever he be he tryeth his skill & strength in pulling down both the solemne league & Covenant ( with which he both beginneth & endeth ) & the nationall Covenant ( which he fighteth against on the bye ) & his strength in this matter must be tryed .

In dealing with the Solemue league & covenant he layeth downe three maine grounds .

The first is this pag. 22. That an oath howsoever in it self lawfull yet the case may be such , that by something following after , it may cease to binde , 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 alledgeth this holdeth good , will suite 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 superiour to determine in then the oath of the inferiour ceaseth to ●…blige when the superiour consenteth not to what is sworne . This is both agreeable to reason ; because no deed of the inferiour can prejudge the right of the superiour , & also sound divines do acknowledge this , upon the common equitie of that law Numb . 30 : 4. Unto which these things may be replyed . 1. Whether the relation betwixt subjects & Magistrats be so strait , 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 naturall , the other but politicall ; the one such as cannot be changed at will , the other such as may ; A man may Choose to live under what Magistrat 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 Magistrats & subjects come within the compasse of that text Numb. 30 May be questioned also , seing 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 founde an argument against the obligeing force of oaths ; such analogies , as will warrand consciences in this case had need to be very clear & undoubted . 2. Though this analogie were ganted ; yet this case will speak nothing to the poynt in hand , unlesse it were proved that there were no civil Magistrats 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 binde , 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 phancy , viz. That the legislative power , which is an eminent part of severaignitie , did alwayes ( in pa●…t at least ) belong unto the Parliament of Scotland ; for they statute & ordaine , together with their soveraigne Lord ; & therefore they are called the Acts of Parliament : Yea without a Parliament the King can make no lawes , yea nor can he make a law without all the Estates of Parliament . But of the power of the Parliaments of Scotland in making lawes , yea & over the King himself , enough hath been said : & therefore this case doth not concerne 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 inferiour is subordinat to the superiour , & is by the law of God subject unto him , as the doughter , in the matter of her marriage , or the like , is subjected unto her parents ; & the married wife , in the disposall of domestick goods & affaires , is subjected unto her husband : but in matters of religion & in morall duties , no wife is so subjected unto her husband nor doughter unto her parents , as that they can loose the obligation of their vowes & promises ; Yea in this case it will be easily ganted that inferiours may vow & Covenant , not only without , but even against the command of superiours , for it is alwayes better to obey God then men ; Now it hath been showne above that these Covenants are about morall duties & matters of religion wherein inferiours are not to waite upon their superiours , But must advance whether they will or not .

But to this he replyeth Pag. ●…3 . That such as plead the obligation of the Covenant in the matter of Episcopacy must suppone that it is indifferent or not unlawfull , for if by God's word 〈◊〉 be found unlawfull , 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 lanch forth into the disput concerning Episcopacy , & more is already said against it by many famous & worthie divines , then is , or in haste will be , Answered , & as for what this Author is pleased to say for it , & against presbyterie else where in his pamphlet , it is but that which hath been said & said over againe , by others before him , who knew to put their arguments , in a better dresse then 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 lawfull and possible , and particularly that it may b●… about a matter morally good , & that in things morally good , an oath hath an obligeing force : ad quae praestanda sayeth D : Sander 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 morall dutyes , the law & the worshipe of God , an additionall tye & obligation ? Ier. 50 : 5. Ios. 24. Deut. 29 : 3. By this meanes 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 ( sayes he ) that is needlesse ; 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 vowes 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 lawfulnesse of such or such things ; yet these promises vowes & Covenants , ought 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 engadged to , in that Covenant , relating to true religion & a holy life , from which ( himself sayeth , Pag. 37. ) no power on earth can loose , & to which they are indispensably tyed , are of an indifferent nature ; which were most reasonlesse & 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 sworne to , in the second article : ( which is the article he mainely instanceth ) are but matters of indifferency and consequently say , that not only prelacy in it's height , as Hierarchicall , but poperie heresie , schisme , & every thing which is contrary to sound doctrine & the power of godlinesse , are matters of indifferencie . But would he say so in his own case . If one who had taken the oath of alleagiance , or fidelity , to his lawfull prince , or the oath de fideli administratione , in some office or other , should afterward alledge that these bondes did not binde 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 crosse a hundered of those oaths : Now what will this author reply in this case ; hath he not ( as it is usuall 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 bondes of oaths imposed by superiours , every one seeth : And whether in so doing he doth his Maj. good service , & Acteth the part of a loyall subject , and faithfull casuist , any may judge .

But to proceed in the examination of the case set downe 4. Let this also be given unto this Author , though it may not be granted , he will not gaine 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 indifferencie , concerning Church government , without the supreme Magistrat's expresse consent ? Whether is the Church or the Magistrat , 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 Magistrats . It is answered That heathens are as essentially Magistrats , as Christians are , & that text Numb. 30. groundeth no more an analogy for Christian Magistrats , then for heathens : And if that be a law , then he would remember that non est distinguendum ubi lex non distinguit , & that Christians may be subjects unto heathen Magistrats , is beyond all question : And therefore if this argueing hold good , a Christian Church living under the Turk , might not vow to maintaine and follow such a forme of Church government , as they judged most agreeable to the word of God , most advantagious for the ends of government , because , forsooth , it were a prejudging of the right of the great Turk their superiour . 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 , then the Christian Magistrat ; & it were better for the Church to be under the Turk then under a Christian Magistrat . 5. Let all this be yet granted , by way of supposition , he will not gaine his poynt , for their oath in this Covenant doth not prejudge the right of the superiour ; because they sweare only to endeavour , in their severall places & callings , such & such alterations , & what incroachment can this make upon the superiours right ? May not a wife or a doughter sweare , 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 lawfull , & binde h●…re to use all faire & lawfull meanes 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 businesse ( in which how sowlely he erreth , may be showne hereafter ) were it granted to him , will make nothing against the Covenant , concerning the obligation of which , is the difference now . Till then he make it appear that the Covenant , as worded , did directly prejudge the right of the superiour , his alledgiance is frivolous . & groundlesse . 6. This might be granted to him also ( which yet cannot be done ) & his cause gaine no advantage , & that for this reason ; Because that place Numb . 30. Exponed accord-to his owne glosse & 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 unlawfull 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 Councell , who are vailed by the session of Parliament , & sheweth also how it was a breach of privilege . But as to that , this may satisfie . That as that proclamation did not anull the act , but only prohibite it , so it did not concerne 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 & prohibite the same ; by his full power and authority . 2. Doct. Sanders . ubi supra prael . 4. §. 5. sayeth that a tacite consent will suffice , that is to say ( sayeth he ) When he who sweareth may in probability presume that the superiour , would not refuse it , his consent were asked . Now had not Scotland this tacite consent , when some yeers before , the King had ratified Acts of Parliament , discharging Church governement by prelats ? yea more , they had a formall & expresse consent ( having an Act of Parliament made by King & Parliament against the prelats ) unto the thing which they did then vow & promise . 3. This dissent must be presently testified in the very day he heareth thereof ; if one day passe , the oath is ratified ; for ( sayeth the forcited Doct. Sanders . ubi supra ) he who signifieth his dissent too late , may be thought for some space of time to have consented . Now this proclamation was not before the 9. of Octob. 4. This dissent must be constant ( as sayeth the forecited author ) for if at any time thereafter he yeeld , the oath standeth in force ; for his former dissenting did not make the oath no oath , nor loosed its obligation ; But only hindered the execution , & so now the impediment being removed , the oath should be followed forth ; & what is promised therein should be performed : And the Covenanters have this to say , That the King gave his after consent unto the oath when he said in his soliloquies . That good men should least offend God & him in keeping of it . But to put this out of all doubt , The King who now is ( as was showne above ) did solemnely owne this Covenant , & approve of all that was done in carrying on the ends of it , & promised that he would look upon the friends of the Covenant , as his only friends ; & the enemies thereof as his enemies . And now , quod semel placuit amplius displicere non debet , that which once pleased cannot againe displease him .

But to this the author replyeth thus . It would be considered if it was the Lord's minde in that law , That if Children or wiver having vowed , should by some meanes drive their parents or husbands out of the house , — and bargane with them either to ratify their vowes , or never to enjoy these comforts , that then the consent so obtained should be irrevocable . Ans. 1. He can be in no worse case as to this matter of giving hi●… consent , then he would be , as to his swearing of an oath : Now it is granted by Casuists that an oath , unto which a man is forced , doth binde , if the matter be lawfull , otherwise , all oaths might be evited , by alledging that force const●…ined to it : Even the oath of alleagiance 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 satisfie . He ●…bi supra Pr●…l , 4 §. 5. sayeth . 2. If the matter required by force or sad fear , be not unlawfull nor injurious to any , but only some what disadvantagious to the s●…er , as if one travailing should fall among robers that with drawne swords , would thre●…ten his life unlesse●…e would promise them such a summe of money , with an oath : In this case it is lawfull both to promise the money , & to confirme the promise with an oath . 3. I say such an oath doth oblige . And he giveth these reasons why the oath obligeth . 1. Because ●…e sweareth a thing lawfull & possible . 2. He did choose that which seemed best for that instant . 3. What is promised for a certane end should be performed when the end is attained . Yea which is more , an oath into which one is cheated ( in which there is lesse reall will then in an extorted oath ) obligeth , as that to the ●…ibeonites . So then 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 seing the text maketh no such exception . But 2. how can he say that such as were for the Covenant did deprive the King of all his worldly comforts , seing it was conscience to that Covenant that moved Scotland to call home the King , after that the Covenant breakers had taken away his fathers life , & had banished himself : And how can this shamelesse man say ( as he doth pag. 24. ) That the Covenant was contrived & carryed on , as if the designe had been laid to extirpat episcopacy , whether the King would consent , 〈◊〉 not , or whatever course should be taken to force his consent vi & armis . When he cannot but know that before ever there was a word of this league & Covenant ( of which he is now speaking ) prelacy was rooted out of Scotland .

But he will reply . That Scotia d did suspend this King from the exercise of his royall power until he consented , which was an unparallel'd way of usage from subjects to their soveraigne . Ans. This Gentleman would speak sparingly , lest he run himself into a premunire ; for the Estates of Scotland did nothing but what the lawes of the land allowed them to do . There was an act of Parl. Parl. 1. Act. 8. K. Iam 6. enjoyning the King at his coronation to sweare to maintaine the true religion of Christ Iesus , & to rule the people according to th●… loveable lawes & 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. sweare the same ? It is true that both the nationall & solemne league & Covenant , were tendered to him also . But what was there in either of those different from this oath ? all the question is about Episcopacy , & was not Episcopacy abolished fully by act of Parliament , & by an act of Parliament ratified & opproved by King Charles the first himself , being personally present Anno 1641 ? & so , was not this a received & an approved law , as full & formall , as ever any law made by any Parliament in Scotland was ? And what wrong was it then to put this King to sweare to rule them by their owne approved & allowed lawes ? By this , it may be seen that Reverend & learned Mr Crofton & the authors of the Covenanters plea , are mistaken through misinformation , when indirecly , at least , they alledge , or take it for granted that the Scots dealt uncivilly & disloyally with their prince in this businesse ? & the reader must be intreated to look on that escape , as flowing from no ill will which they carry unto the Estates of Scotland , but meerly from want of information , though it had been wished that they had forborne to have vented in publik any such reflexion , untill they had been better informed . But furder , to goe on in speaking to the author now under examination : At that time , when the King was crowned , it became him & all , to have construed otherwise of his majesty & to have said with Cicero de officis lib. 3. Quasi vero , fort●… viro vispossit adhiber●… as if a slout and constant man could be forced unto any such thing : & with Doct Sander s●…pius esse nequit qui non est fortis , he who is not thus stout and constant can not be a godly man . But now seing it hath pleased his Maj. to declare unto the world in print , that he did sweare that Covenant against his will , all are bound to give him credit : But withall this must be said ; That Scotland is at a great losse , not knowing how they shall be secured in any thing , or how they shall know when Kings at their coronation do swear willingly , & when not : & on what ground they now stand who can know ? for it may be as well said that he swore that oath , which was enjoyned to be sworne by the 1. Parl. of King Iam. 6. against his will : & upon this ground it may be alledged , that he is not now bound to maintaine the true reformed religion , not yet , to rule the land , by the laudable lawes thereof , but only according to his own will & pleasure .

But this author goeth on & sayeth . It would be considered whether this be de jure naturali , that a consent of a superiour once given to the vow of an inferiour , he hath no power to revoke his consent upon reasonable causes , and to make void the vow : Lessius thinketh the precept is eatenus judiciall Ans. He would gladly put to his Amen unto this if he did not feare to be hissed at : What Lessius or any of his stamp say , is not very materiall : But whereas he thinketh that that part of it is judiciall , he had done better if he had given one word of reason for it : But if he thinketh that that part of it is judiciall , what if others think that the rest of it is judiciall also , & so it be wholly laid aside as judiciall ? But who ever these great schollers are who think that the superiour may revoke his consent , it is too too apparent that they are not great divines , who would teach people thus to falsify their oaths & promises , nor are they good royalists , who with Matchiavell ( who sayeth Princes should not have vertue , piety , faith , religion or integrity ; yea that it is dangerous to them to use those alwayes , & that it is necessary sometimes for them to do contrary to their faith and promise and turne with the winde ) would teach Kings to take their word againe when as . nudo jus & reverentia verbo Regis inesse solet quovis juramine major . King's words have weight & great respect , More then all oaths which men exact . & undertake to maintaine that maxime , that [ principi ●…ihilest injustum quod fructu●…sum . That a prince can do no wrong whatever he doth , if it be for his own gaine ] seing Solomon that wise , King sayeth Prov. 17 : 7. That [ lying lips become not a prince , & the emperour Charles 5. when questioned by ●…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 remaine with the Emperour ] But Doct Sanders a better casuist then this author , resolveth the case otherwise ubi supra pr●…l . 7. § 6. saying 3. if the super●… hath once confirmed the promise by his expresse consent ●…edent or subsequent he cannot afterward make that promise void and null , or loose its obligation ] Now it was shown before , That the Scottish Covenanters had more then his Maj. consent ; They had him swearing the same thing , so that there can be no power of revokeing , or of doing , or of putting his inferiours to do any thing , contrary to the oath : and what sayeth this author unto this ? He sayeth for sooth [ That it is granted , unlesse upon some other ground there be a clear looseing of the superi●…urs oath , & a ceasing of the obligatii●… of it ] Ans. Spect●…um admissi , r●…sum teneatis amies . Seing he had a minde to say this why hath he troubled his reader all this while ? What these other grounds are he hath not yet showne , & this is a faire consession , that he hath been beating the winde ; & therefore this first case is sent away with disgrace ; for now at length he is ashamed of it , and it may be , he shall have cause likewise to be ashamed of the rest , ere all be done ; for it is malum 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 sinfull , as the delivering of the sword into the owners hand , when turned mad ; or importing some turpitude , or something against morall honesty , as marrying of a woman , after oath discovered to be with childe to my brother , or anyother man , then the obligation of the oath ceaseth & so is the case here , ( sayeth , he ) some thing occurreth now , which maketh that without sin we cannot performe that oath , for ( suppo●…ing the indifferency of prelacy we cannot performe that hath without disobedience to the Magistrat in a matter wherein he hath power to command ; no oath can binde , sayeth Perkines , against the wholsome lawes of the common wealth , neither is it materiall whether the lawes be made before , or after the oath , b●…th wayes 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 Magistrat in things not unlawfull , nor binder subjects from obedience ; otherwise subjects might finde away to plead themselves free from obedience in all things indifferent ] This is the summe of his discourse unto which it is Ans , 1. The ground of this is yet questioned ; for it is showne that as to the 2 Article , about which most of the contest is , the Covenant is not about things indifferent , but things morally evill , as is uncontroverted in all poynts save that of prelacy , and to take it for granted that prelacy , as there abjured , is a thing indifferent , is more then any adversary will yeeld to him . 2. Be it granted that such a government as is there abju●…ed , is not expresly against the word of God ; yet a thing indifferent , may become inconvenient & inexpedient , & an oath made concerning those things , may be undoubtedly good & lawfull . 3. If this doctrine of his hold good , It shall be hard to know what matter it should be , about which , an oath should 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 sinfull , for it cannot be vinculum iniquitatis ; & here he sayeth a man may not sweare in things indifferent , if they be such as come under the compasse of legislators , and thus he doth much to banish all religious oaths out of the world , 4. Will no oath binde , which is against the lawes of the land ? then what if a man in straite for money , shall borrow & promise with an oath , to give more annual-rent therefore , then the law of the land will allow ; will not his oath binde 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 summe of money , performe his oath , merely because it is against the law of the Land ? But as to this controversie 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 Doct Sanders . who de jur pro. oblg. prael . 4. §. 17. proveth it lawfull 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 payed , & this is enough for those who stand for the Cov. 5. If oaths made against the wholsome lawes of the common wealth binde not , oaths made against the ●…unwholsome lawes of the common wealth will binde , & in that case , without all doubt , people are bound to stand to their oath , & resolve upon suffering before they yeeld obedience : And whether any law made about prelacy be wholsome or unwholsome , is sufficiently determined in the premisses , & by the grounds upon which the legislators did goe , when they reseinded all acts made in favours of prelats & their power 6. This oath ( even as to the 2. Article which ●…is most controverted ) was not against , but conforme unto the wholesome lawes of the land ; for befor that the league & cov . was sworne there were standing lawes against prelacy , & acts ratified & approved with all formalities , & published with all usuall solemnities , according to the King 's own command & warrand ; & therefore this case doth not come home to the case in hand . But he sayeth it is not materiall whether the lawes 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 loose the obligation of an oath , is a very ready way for opening the door to all perjury , & to cast all oaths loose ; for when once a man hath sworne to his own hurt , & would gladly be rid of his oath he hath no more to do , but acquant his superiour , & he will make a law for the contrary , & so he is at liberty ; But will such sigleaves cover the nakednesse of perjurie ? Or will such shifts satisfy in the day of reckoning ? Dreame of those things who will , God will not be mocked ? Doct. Sanders . a better casuist then 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 sworne to , expresly ; 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 inferiours could not take an oath in those matters that fall under the power of legislators to enact lawes about , or if they did sweare , were not obliged to performe , what they swore ; yet if legislators themselves sweare that such a thing ( suppon it be but indifferent ) shall never be enacted in a law , will not this oath binde those legislators ? What will this advocat 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 inferiours sweare when they finde 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 superiours over inferiours is sufficiently reserved , this cannot be condemned . 9. He mistaketh that case of casuists quando res non permanet in eodem statu . When he applyeth it to the purpose in hand ; for prelacy is the same now which it was when first abjured , there is no conveniency or law fulnesse seen in it now which was not seen before ; Yea on the contrary it appeareth worse then 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 maintaine prelacy ( as now they have abjured it ) their oath could not binde them now to owne it ; Because it appeareth now so deforme & abhominable a monster & a cockatrice seeking the ruine & 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 affaires there , when within three dayes they were discovered to be lyars , & that they were not a people that dwelt a far off , but such as did dwell among them , & yet the oath must stand valid & firme : Yea was there not an expresse prohibition to make any league with these Canaanits ? Exod. 23 , 32 : 33. & 34 : 10. Deut. 7 : 2. & 20 : 16. & was not this a wholsome law ? And yet the oath must be keeped , this law being a particular command , & so far only , to binde the conscience , as it might be obeyed without any breach of the morall law ; as in Rachab's case it is evident ( as sayeth , Mr Iackson in his annotations on Ios. 9 : 18. ) How will this advocat reply to these things ? If he stand to his principles , he must condemne Iosua for keeping that oath . Moreover was not the oath of Zedekiah against the fundamentall lawes of the land , seing 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 , then the oath ceaseth to binde ; & so is it here ; for supponing the indifferencie of episcopacy , by adhereing to the oath , we hinder our own obedience to the Magistrat in things not against God's law , unto which we are pre-obliged ; as also it hindereth the great duety 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 yeeld 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 yeelded , 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 weaknesse yet more , let this once againe 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 & vowes . Himself con●…esseth that by this meanes , 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 loose themselves from the oath of alleagiance , by alledging that the keeping thereof doth hinder a greater good to which they are bound by a prior obligation , viz. the liberating , & freeing of the countrey from oppression & tyranny ? 3. Had not Ioshua more to say for looseing of his oath , seing 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 givē the heathens great occasion of blaspheming the name of the Lord ; though he will not dispense with the breach of any morall 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 Kingdome & countrey , unto which he was pre-obliged ' But this new coined divinity was not of force in those dayes , & his bare word will not make it passe now with tender consciences . 5. What is the greater good which it will hinder ? It will hinder ( as he thinketh ) their obedience to the civill Magistrat . But are all bound to obey the Magistrat in all things that are indifferent ? Doth every law of the Magistrat binde 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 publick peace , & doth no way hurt the majesty , honour or credite of the ruler . So that though standing to this oath , may now hinder Active obedience unto that command of the Magistrat , enjoyning , 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 , unlesse he would say ( which yet he darre 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 Magistrat , in any thing commanded of God , or in any indifferent positive thing , save in this one particular ( if so be this must goe under that name of indifferent things ) & then the true question is not ; whether is it a greater good to disobey Magistrats , 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 prelats , then to want them ? & if this advocat 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 judgment in this matter , the question will quickly be decided , yea & appear to indifferent beholders , to be already determined : If the persecution of godly faithfull Ministers of the Gospell ; If the laying of countreysides waste & desolate ; If the feeding of people with winde & lies ; If the great increase of atheisme , arminianisme , popery , ignorance , & prophanity of all sorts : If the persecuting of the godly & of godlinesse ; If the hindering of the exercise of religion & Christian dueties , & the like , may have any weight in casting the scale . 7. As for the preaching of the Gospell , it is true , it is the duety of Ministers to be mindeing that ; But God hath need of no man's sin to worke his work , he calleth no man to preach the Gospell , by the way of perjury ; yea their suffering now for truth tenddeth to the furtherance of the Gospell , as , phil. 1 : 12. & is much more edifying then all their preaching could be , after they had proclamed their perjury unto the would . 2. Whose fault is it , that Ministers cannot have liberty to preach the Gospell ? 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 Gospell , but by breaking his oath ? what influence hath the conscientions 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 Gospell , 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 Gospell , otherwayes it would alwayes have done it , & will alwayes do it , which is false : But some other thing ▪ & now let the blame of not preaching the Gospell , lye where it should lye , for there it will lye , whether he will or not . Yea the conscientious observation of this oath is so far from lying in the way of preaching the Gospell , that on the contrary , the breach of the oath doth incapacitate a man for preaching of the Gospell both before God & men : perjury is no qualification of a minister before the Lord , & who can trust or commit their soulls 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 againe ? 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 lesse then the extirpation of all kindes 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 answere 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 judgment of the complyance of the. 2. Article of the league & Covenant with the Scottish Episcopacy , yet it doth not much concerne these in Scotland , to search & to try narrowly what is the judgment of any particular divine how eminent soever in England , concerning prelacy . Nor what sense or glosse 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 glosse , 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 ) seing they did not tender that oath unto Scotl. but they are to look rather unto the sense & glosse which the Church & state of Scotland in their publick meetings did put upon it , & it is clear that they intended no complyance 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 feares that these plants might againe take rooting , if the popish prelaticall & malignant faction had prevailed in the Kingdomes . And therefore they were called to fortifie themselves against those plagues & evills , by a solemne league & Covenant . But moreover doth not the very words of the second article expresly 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 deanes , their arch deacons , &c. And is not the 2d . article expresly 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 sworne to maintaine the discipline & government of the Church of Scotland ( which himself will confesse 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 & yeeld unto such an episcopacy , as should be inconsistent with presbyterian government ? Which were in effect to say , They swore to maintaine 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 advocat saw he would be ashamed of such things , & therefore went to England to seek such help as he could finde , 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 , heare what he sayeth furder [ But when the meaning is doubtfull , every one is carefully to take heed that they indulge not their own affections , & inclinations , or give way unto toolax & large a license of glosseing , to the end they may with more ease loose 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 profite & 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 scandall , 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 ourselvs from perjury . The other in respect of our selves , 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 generall & most profitable rule , in matters doubtfull follow that which is saifest thus he solidely & judicously .

What he addeth here against the nationall 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 stragling 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 termes in which it is conceived . & 3. Some incongruitie in the 3d article .

The summe of what he sayeth unto the first of these is this [ To carry on a publick oath without the soveraigne power , is without any example among jewes or Christians . It is a speciall royalty of the King , to have power of imposeing an oath on all his subjects , especially where the oath hath a direct aime for raiseing armes : Such leagues are inhibited by the lawes of the land Ia. 6●… Parl. 10. Act. 12. Mary Parl. 9. Act. 75. Now this Covenant was carryed 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 lawfull , and otherwise still obligeing ; yet it were well if unlawfulnesse 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 publick testimony against the sinfull way of entering into that bonde , 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 & paines in vaine ? He is at a weak passe now , when he can bring no arguments , but such as himself must needs answere , & discover the weaknesse of . But it is like out of a desire to have it going well with the Covenanters he would have them repenting of the misse which was made . But by his favour they must first be convinced of the errour ere they can say that they have erred , and ere they be convinced of an errour in that Particular , they must see more cogent arguments then 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 poynts by the next meeting of Parliament , Anno 1644. the lawfulnesse 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 Scotlands entering into a league with England without the King's consent , it hath been vindicated before : So hath it been showne how the Parliaments of Scotland do partake of the soveraignity with the King and have power of warre , & so all which he here sayeth is answered already : Only because he desireth some examples of the like among Iewes or Christians , though there be no great necessity for this businesse , yet some few instances shall be brought & first among the Iewes there are two eminent examples : one in the dayes of Asa King of Iuda . 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 dayes of Hezekiah : when he came to the throne which was in the third yeer of Hoshea King of Israel . 2. King . 18 : 1. In the first year of his reigne . 2. Chron. 29. 3. ( & this was six yeers before the Kingdome 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 Israell writting letters to Ephraim & Manasseh , desireing them to come up to the house of the Lord , & accordingly diverse of Asher Manasseh & Zebulon . 2. Chron. 30 : 1 , 11. joyned with him , in that Covenanted work of reformation : here are some of the subjects of Basha & Hoshea , without their consent or approbation joyning in a Covenant or bond with another King & Kingdom ( which would seem more treasonable like , then for the subjects of one King to joyn together in Covenant for the good of King & Kingdome ) to carry on a work of reformation , & no doubt this advocat darre not condemne this deed of those subjects of Hoshea or Basha . 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 countreyes , Helvetia , piemont , &c. & so a few moe shall suffice . If he had read the History of the reformation of the Church of Scotland , he had seen there severall examples of Covenants entered into by Christians , without the consent of the supreme Magistrat viz. one Anno 1557 subscribed by Argile , Glencarne , Morton , Lorn & others . Another at Perth , Anno 1559. subscribed by Argile , Iohn Stuart , Glencarn , Boid , Vchiltree , &c. A third at Sterlin that same yeer , subscribed by many A fourth at Leth , Anno 1560. subscribed by all the nobilite barons , gentlemen & others professing Christ Iesus in Scotland . & a fift at Aire Anno 1562. subscribed by severall 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 Emperour ) & 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 emperour , as appeareth by the letter written to Strausbrugh from the dyet of the Empire : againe , An. 1530. there was a Covenant betwixt the La●…dgrave of Hesse , & those three cities Tigur or Zurich , Basil & Strausburg anent mutuall defencein the cause of religion . That same yeer the protestants meet at Smalcald & draw up a Covenant for mutuall defence in religion & it was subscribed by Albert & Gebert of Mansfeldt by the cities of Magdeburgh , & Breme . Sleidan , sheweth 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 termes wherein the Covenant is expressed . The summe of what he sayeth here is this . The Covenant was purposely framed in generall and homonymous termes that all the sects might lurck 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 generall , under the reformation in doctrine , worship , discipline & Government , unto which independents & separatists might assent , purposeing to preserve the same against the common enemy , yea even such as entered into the Covenant could not agree in its sense as may be seen in the Parliament of England's baffling the Scottish Commissioner's declaration ; Anno 1647. & other papers . Ans. 1. To say that the Covenant was purposely framed in generall termes , that severall parties might be fast united against prelacy , is a base & slanderous imputation , But suteth him well who pleadeth for such a cause ; If the Covenant , for the most part , be thus conceived in generall & ambiguous termes , how cometh it to passe , that he produceth not instances thereof , no not so much as one ? Was it not as cleare as the sun shineth at noon day , that the reformed government of the Church of Scotland , at that time , was presbyteriall ▪ And did not himself say a little before , that at that time there was no such officers in the Church of Scotl. as are mentioned in the second article of the league & Covenant ? And whereas he sayeth that severall sects did lurk under the lap thereof , doth ●…he think this a cogent argument to prove it's ambiguity ? What sect is it which doth not plead scripture ? Shall scripture therefore be accounted ambiguous 〈◊〉 No not at all . Let men of corrupt mindes & principles wrest words in the Covenant as they please , the Covenant , to any who shall reade it , is plaine & clear enough , & he who will wink , may wander at noon day : let men imagine & put what glosses they will on scripture , It is plaine , & hath but one sense . But what will all this make to the businesse ? Will the obligation of a Covenant , in which some men think there lyeth some ambiguities , be loosed upon that account ? This must be proved ere it be received off his hand , as a truth : neither he , nor any of his party hath hit hertill ▪ attempted any such thing . Lastly is there any ambiguity in the second article ? Yet ( sayeth he ) were it not better to lay aside ( when now it is disclamed , by 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 evills then prelacy is imagined to be . When he hath made it to appear that this composure is apt of its own nature , to be such a seminary of worse evills then prelacy , his advice may be taken to consideration , but till then ( which will be , ad Calendas gracas ) he must excuse the Covenanters ; for neither King nor Parliament , though they had the pope with them , can give a dispensation in a matter of an oath , And King & Parliament with all the persones of trust , will have enough to do to hold the broad roll & the curse off themselves , their houses , & their posterity , & to keep themselves out of his hands , Who will be a swift witnesse against false swearers , though they undertake not to protect others from the wrath & vengeance of God .

The last particular which he exaggerateth is the limited or conditionall preservation of the King's Maj. person & authority , viz. in the preservation & defence of the true religion , &c. He enquireth whether this was right or not ? And if difference in religion loose a people from their duty to the King ? To which a short reply will suffice . 1. Though it were granted that there were some thing wrong here , this will not ground the non-obligation of the Covenant in other particulars , & what hath he gained then ? 2. What ever wrong may be in wording this article thus , The blame is not be laid upon the first authors of this league & Covenant ; For in the nationall Covenant ( which was subscribed at first by King Iames & his houshold , Anno 1580. And in obedience to an act of Councell together with an Act of the Generall Assembly , by persons of all rankes , Anno 1581. And againe subscribed by all sorts of persons , Anno 1590. 1591. ) The Covenanters duety towards the King is so qualified in these words . We protest & promise with our hearts under the same oath , hand write , & paines , that we shall defend his person & authority , with our gear , bodyes & lives , in the defence of Christ's evangell , liberties of our contrey , ministration of justice ; & punishment of iniquity , against all enemies within th●… realme or without . So that if he annull the leagué & Covenant upon this account , he must much more annull the nationall Covenant , whereof King Iames was the author : For in that there is more 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 nationall Covenant needeth not be so much quarrelled at . 3. It is like he is displeased with any such qualification , but his reason is not very forceable viz. because it would insinuat that they were no otherwayes bound to defend him , for it will only insinuat that the Covenanters are to preferre , that which is of greater moment unto that which is of lesser concernment , & that they are to preferre the end unto the mean leading to the end ; That is , when the King is in direct opposition , unto the cause & work of God , it becometh them to preferre the interest of Christ before man's , & not to help the mighty against the Lord , but the Lord against the mighty : And when defending , promoveing , or any way advanceing the authority of the King , shall directly tend to the ruine of the interest of Christ , & religion , no Christian is bound to concurre : And this was granted even by the Parliament , Anno 1648. So that the question betwixt the Parliament & the Church , at that time , was not whether religion , & the interests of Christ should be preferred to the interest of the King ; or not : But whether the Engadgement , which was then carryed on , was not a preferring of Man's interests to Christ's ▪ for as to the 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 professe openly their owneing of the Covenant , & their resolution to prosecute the ends of the covenant , & to seek to secure & establish the King's interests only in subordination to the interests of Christ , for in their letter to the presbyteries ( Printed in their records ) May. 11. They shew that they were resolved to proceed for the preservation & defence of religion , before all other worldly interests whatsoever , & to carry on sincerely really & constantly the Covenant , & all the ends of it . And againe , in their answer to the supplications from Synods & presbyteries Iun. 10. ( insert likewise in their Printed records . ) They declare that in their undertakings they should preferre no earthly consideration to their dut●…es for preserving of religion in Scotland in doctrine worshipe discipline & government , as it is already established , & to endeavvour to setle it in England & Ireland according to the Covenant . & also , in their answere to some committees of Shires they declare that [ they had nothing before their eyes in that undertaking , but the preservation & good of religion , & the endeavouring the setling of it in England & Ireland according to the Covenant , in the first place & before all worldly respects : & his Maj. rescue from ●…his base imprisonment his re-establishment upon his throne , in all his just powers : the saiftie of this Kingdome from danger on all hands , & the preservation of the union & brotherly correspondence betwixt the Kingdomes , under the governement of his Maj. & of his royall posterity according to the Covenant . ] So that the gentleman the author of this pamphlet , publisheth his mistakes to the world , when he would inferre thus [ was this right that ( where our alleagiance binds us to duty to a greater latitude ) this should be held out to people , as the only standard of their loyally & duty to the King ? Was it found Doctrine to insinuat ( to the sense of intelligent men ) that we were not otherwise bound to defend him ? Was it well by such a clause to give occasion to wicked men to think they were no furder obliged to him then he should desend that which they accounted religion . ] And that the folly of his consequencesmay furder appear , it would be considered that there is a clear difference betwixt these two : Owneing of the King , & defending his authority , never , but when he is actually owneing , & active for the cause & interest of Christ : And owneing of the King , & defending his authority , alwayes , but when he is in actuall opposition , & in a stated contradiction to the work & interest of Christ , So is there a difference betwixt these two . Non-concurrence in defending & promoveing of the King's authority , when he is opposeing the work of God : And actuall anulling , diminishing , or utter overthrowing of his power & authority when he is so stated : And so when the Covenanters say That they are not bound to contribute their power in their places & capacities , to promove or defend his Maj. power , & authority ; when he is in a stated opposition to the work of God , & when the advanceing of him to his full power & authority , would cetanely tend to the ruine & desruction of the cause & people of God : yet they do not say , that they are never bound to defend him , but when he is actually promoveing & advanceing the work of God , according to his full power & place ; Nor do they say , that when he opposeth the work of God , they are at liberty to destroy his person , or to spoile & rob him of all his just power & authority : And therefore both that clause in the Covenant , & their proceedings may be abundantly justified without laying down any ground for the taking away of the late King's life ; & without clashing with , or contradicting the confessions of protestant Churches , or of their owne ; so●… still they acknowledge that difference in Religion doth not make void the Magistrat's just & legall Authority , not free the people from subjection : But that this may be a little more clear , let this example be considered : A Father turneth phrenticke & mad , & seeketh to destroy the whole family , calling for a sword , & liberty to execute his cruelty ; His sones rise up & binde his hands , & withhold the sword from him , & withall sweare to stand together in their own defence , & to defend their Father's just right & power in the defence of the family : Now , in this case , can any say that they were undutifull children ; or that their covenanting so , & adding that clause in the Covenant , sayeth , they were free to cast off the relation that is betwixt him & them , except he guide the family , in all poynts as they would have him doing ? No in no wayes . Here then it is clear that their refuseing to put the sword in their Father's hand , while under this distemper , is no act of undutifulnesse ; It is no lessening of the Father's just power over the family , nor doth it say that they thinke themselves not bound to owne him as a Father , except when he is actively , promoveing the good of the family , & far lesse doth it say , that they think , because of this distemper , they may destroy him , or that the relation betwixt them & him is broken up for ever . So then , though this Advocat thought he had a faire sield to walk upon , & a faire occasion to vent his anger against that Church , & to make her odious to all Churches about , yet wise men , who easily see that there is no such strong relation betwixt King & subjects , as betwixt Parents & Children , will acknowledge that his ranting is without reall ground ; And that Scotland in their treaties with the King at the Hage , & at Breda , & in their actions at home did nothing but what they may hold up their faces for , both before God & Man , doing nothing herein ; which either contradicteth their own confession of faith , or the confession of faith of other Churches . Not their own confession of faith ; For if the large confession of faith be viewed ( which was approved by the Parliament & insert in their registres . ) In that head of the civill Magistrate these words shall be found , We confesse and avow , that such at resist the supreme power doing that thing which appertaineth to his charge , do resist God's ordinance , and therefore cannot be guiltlesse : & furder we affirme that whosoever deny unto them their aide counsell and comfort , whiles the Princes and rulers vigilantly travell in execution of their office , that the same men deny their help support and counsell to God , who by the presence of his lifetenant doth crave it of them . So that all the resisting which is there condemned , is resisting of him while doing his duty & executing his office , & not , while he is seaking to destroy Religion , & the interests of Christ . Nor the confession of other Churches , for in the former confession of Helvetia , upon that head of the civill Magistrate , they say ( as it is in the English edition ) We know that though we be free , we ought wholly in a true faith , holily to submit ourselves , to the Magistrate , both with our body and with all our goods , and endeavour of minde also , to performe faithfulnesse , and the oath which we made to him , so far forth ( N. B. ) as his government is not evidently repugnant to him for whose sake we do reverence the Magistrate . So the French in their confession Art. 40. say , 〈◊〉 must willingly suffer the yocke of subjection , although the Magistrats be infidels , so that ( N. B. ) the soveraigne Authority of God do remaine whole and entire and nothing diminished . And , which is worth the noticeing , the practice of Scotland in this , is consonant to the profession of the Parliament Anno 1648. ( which did Act most for the King & his interest , preferring it to the interest of Christ ) who in their declaration Aprile 29. insert in their Registres , Act 17. say , [ That they resolve not to put in his Maj. hands , or any others whatsoever , any such power whereby the forsaid ends of the Covenant , or any of them , may be obstructed or opposed , Religion , or Presbyterian government endangered ; But on the contrary , before any agreement or condition be made with his Maj. ( having found his late concessions & offers concerning religion not satisfactory ) that he give assurance by his solemne oath under his hand & seal , that he shall for himself & his Successours give his Royall assent & agree to such act or acts of Parliament , or bills , as shall be presented to him , by his Parliaments of both , or either Kingdoms respectivè ? for enjoyning the League & Covenant , & fully establishing presbyteriall government , directory of worship confession of faith in all his Maj. Dominions : And that his Maj. shall never make any opposition to any of these , nor endeavour any change thereof . ]

What this Author sayeth more in the three last Pages of his pamphlet is but partly a repetition of what he said before , & so is answered , & partly obviated by the preceeding discourse .

SECTION XXIII .

The nationall Covenant vindicated from the exceptions of the author of the seasonable case & caet .

HIs plea against the Solemne league & Covenant being thus examined ; In the next place , his exceptions against the nationall Covenant pag. 30 : 31. &c. must be considered .

This Covenant is not abjured in the declaration simply & in it self ; but as it was sworne & explained in the year 1638. & thereafter : And so the maine ground whereupon this Covenant is cast off , is because of that explication which was then added , in which therewas mention made of some things , which were referred unto the Generall assembly , in these words [ forbearing the practice of all novations already introduced in the matters of the worshipe of God , or approbation of the corruptions of the publick governement of the kirk , or civil places or power of kirkmen , till they be tryed & allowed in free generall assemblies , & in parliaments . ] And then after the generall assembly had examined these particulars , & explained the true sense & meaning of the Covenant , this conclusion was added . [ The article of this Covenant , which was at the first subscription referred to the determination of the generall Assembly , being determined ; And thereby the five Articles of Perth , the government of the Kirk by Bishops , the civill place & power of Kirk-men — upon the reasons & grounds , contained in the Acts of the generall Assembly ; declared to be unlawfull within this Kirk , we subscribe according to the determination foresaid . ] Theforesaid pleader for Eaal , when he is produceing his grounds against the validity of this oath , pitcheth only upon one of these three particulars mentioned , viz. the government of the Church by Bishops , & in reference to this , he attempteth two things , in his confused discourse . 1. He would ( if he could ) prove , that by this oath , as it was at first conceived , Anno 1580. & 1581 , & renewed Anno 1590. the governement of the Church by Bishops , was not abjured ; And 2. That the Assembly Anno 1638. did wrong , in giving such a glosse & sense , as they did .

But he must be followed 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 lest any thing should escape ; & first what he bringeth to prove that Prelacy was not abjured by this Covenant , must be examined .

He sayeth , That if the Ministers who reasoned with the Doctors of Ab●…rdeen be to be beleeved ( & they were the prime promotters of the Covenant , & carryed with them the sense of the body of the Covenanters ) they who subscribed that Covenant , knight , with great liberty , voice in an Assembly , concerning Episcopacy , without prejudice , notwithstanding their ●…ath ; & upon this ground would perswade the Doctors to subscribe the Covenant , because in so doing they should not be taken , as abjureing Episcopacy , as the Doctors thought ; And he referreth his reader unto their answer unto the 4. & 10. demands .

Unto which it is Ans. 1. That this is but the old answere brought on the field againe ; for it was alledged by the Prelats in a pamphlet ●…n. 1638. emitted under the name of his Maj. commissioner ( as most , if not all , which he here alledgeth is borrowed out of that pamphlet ) & what answers were then given , may now suffice . Viz. That these Ministers who reasoned with the Doctors of Aberdeen , denyed indeed , that Episcopacy was expresly & specifically abjured , in the later part of the Covenant , which was the addition containeing the application unto the present times ; But did never say that it was not abjured in the negative confession , or nationall Covenant : Now it was about that application & addition , that the debate arose betwixt these Ministers & the Doctors ; The Doctors never refused to subscribe the negative confession , as it was called , or the Covenant drawne up Anno 1580 , & 1581. for when the privy Councell did emit a declaration , enjoyning all to take the Covenant , as it was taken Anno 1580 , 1581 , & 1590 , & 1591. as others did not , so neither would they have scrupled at the same : But they alwayes refused to subscribe to that part which was added , and one of the grounds , why they did scruple at the subscribeing of that , was this . They thought that by that addition , they should be bound expresly , directly , & specifically to abjure Episcopacy , & the ceremonies of Perth , which ( as they sayd ) they could not in conscience do ; Because then they should not have liberty to vote freely , according to their judgments , Concerning those things , in the Generall Assembly : And unto this the Ministers answered : that the words of that addition were purposely so contrived as none might scruple upon that account ; And indeed as to Prelacy the words run thus that they should forbear the approbation of the corruptions of the publick Government of the Kirk . And the reason was , because there were severall honest & well minded people in the land , who could not distinctly & clearly see , that the ceremonies , & the Government of the Church by prelats , were directly , contrary to the confession of faith , & abjured therein ; But were waiting for light in those matters , from the ensueing Generall assembly , who , they knew , could give most clearnesse in the matter of fact ; And could best show what was the Government of the Church , at that time when the nationall Covenant was first subscribed ; And also what was the meaning of the reformers as to severall particulars in that Covenant . So then , though it be true , that by taking of the oath , or swearing that additionall explication , Anno 1638 , No man was bound up from reasoning & debateing , nor from free voteing in the matter of prelacy in the nationall Assembly : Yet it will not follow that prelacy was not abjured , by the negative confession or nationall 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 strick against those as was afterward cleared . The Covenant hath still one sense & meaning , though such as did live fifty & eight yeers after it was first drawn up , could not alike see it & discerne 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 tryed in free assemblies : And indeed so soon as the Assembly 1638 Did search into the businesse , & cleare the true meaning of the Covenant , according to the sense of the reformers all scruples were loosed , & the people did chearfully assent unto the Assemblies determination ; For then they saw that by that Covenant , The Ceremonies of Perth Assembly , & the Government of the Church by prelats , 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 businesse 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 maliciousnesse , 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 sworne , Anno 1580. &c. 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 then 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 pop's ; as it abjureth the five bastard sacraments , So far at he maketh them sacraments : So then the dependence of these offices on him as the head of the Church under Christ , is abjured , & also the corruption adhereing 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 summe 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 , then it will fully import the abjureing of prelats ; Because prelats 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 Councell 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 then 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 it self being an ordinance of God , but only as it was abused by him , to be a 〈◊〉 . But seing 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 Prelats , as superiour unto , & distinct from preaching presbyters , are officers of God's appoyntment ; certanely when they are abjured , they are simply abjured . So that , till he demonstratively cleare , 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 prelats are abjured , not only is their abuse , or the corruption adhereing to them , abjured ; but the very use is abjured ; for the use of an officer not appoynted of Christ , is an abuse , and Prelats , as to their being , depend only on the pope .

But ( sayes 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 & vassels , portioning out to them such measure of jurisdiction , as he thought sit , as their stiles in this countrey 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 nationall 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 lawfull , but the hierarchy wherever it is , is called his , as the rest of the popish corruptions , are called his viz. Invocation of saints , canonization of saints , dedication of altars , &c. are called his , not that there is another la●…full 〈◊〉 and canonization 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 prelats , in so far they are unreformed from popery , this being one 〈◊〉 betwixt papists & protestants . It was the prelates their depending on the Pope that made the scottish reformers condemne 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 yeelded , that if the King , by vertue of his headshipe over the Church , should command , & enjoyn 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 Prelats abjured , whether they depend upon an ecclesiastick Pope , or upon a civill Pope , whether they be Apostolicae sedis gratiâ Episcopi , or Iacobi , 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 prelats 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 warrand in the word , & therefore ought not to be : & to maintaine either , is to maintaine false Doctrine , & poynts of Popery condemned in the word . Might not a Papist pleading for extreme unction & for orders ( includeing their septem sacramentula , or inferiour orders , as their ●…stiarii , Le●…ores , 〈◊〉 , Ac●… , 〈◊〉 , Diaconi , Sacerdotes . ( which they meane 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 extrem 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 downe all those poynts of Popery & many more ; Yet he will not have the boldnesse 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 beleeve . That King Iames 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 yeers before , viz. Jan. 12. 1571. consent at Leth , that commissioners might be appoynted , to joyne with these whom the Councell should appoynt , for setling 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 cathedrall Churches , to whom vacand Archbishopricks may be disponed , and they to have power of ordination and to exerce spirituall jurisdiction , in their severall 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 lawfull : 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 yeers before , and we see no evidence of the change of ●…is minde . 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 Iohn Craig was for Bishops Anno 1571. Ergo he was for Bishops Anno 1580. as if a man's minde could not change in Nine or Ten Yeers time , specially it being a time of reformation , when light was breaking up more clear dayly . But next this is a more pregnant demonstration , to say King Iames intended no such thing Anno 1580. because Mr Iohn Craig had no such intention Nine Yeers 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 judgment full Nine Yeers 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 moneths thereafter , took notice of these articles & did appoynt 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 then 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 appoynted to draw up the second ▪ book of discipline which book Anno 1577. & 1578. Was fully approved : & having proceeded thus far they caused severall of the Bishops subscribe severall articles denudeing themselves of their episcopall 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 minde , especially seing the Church did look upon him as a faithfull friend for presbyterian government , & therefore did appoynt him with other five to consult with , Mr Alexander Hay about the modell or plot of presbyteries ? But it is not much matter to debate what was the penman's judgment at the time : the Covenant it self , & 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 showne by & by .

But. 2. He sayes , pag. 33. as to King Iames. 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 reall Bishops : And would the King , by his oath abjure that Church Government which was not rejected by the Church , till Iuly 12. 1580. And in the yeer 1581. Though the King & Councell had presented the confession to the Assembly to be subscribed by them , & by the people , in their paris●…es : yet that very same yeer , within six moneths thereafter , there is an act of councell confirming expressly the agreement at Leth 1571. And this act of Councell the King did openly avow in the businesse of Montgomery . Now it is not probable that the King & Councell , if they intended to abjure episcopacy by the confession , would within six moneshs confirme that agreement at Leth. Ans. 1. It hath been shown but just now , that severall yeers , before the yeer 1580 , The Generall assemblies of that Church were declareing themselves against prelats , & 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 certaine that Church Government by prelats , was never approved by any of the generall assemblies , in those dayes . 3. Though before the yeer 1580. The Assembly did not formally passe 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 Generall Assembly at Dundee was before the subscribeing of the Covenant ; For it was in Iuly , & the Command for subscribeing of the Covenant , came not forth till the 2 March thereafter , & that 2d . of march was said to be , Anno 1580. as well as Iuly before , because at that time , the denomination of the new yeer did not begin in Scotland , untill the 25 of March & so it is his mistake to think that the Covenant was enjoyned to be subscribed , six moneths before the Act at Dundee . 5. Whereas he sayes that , An. 1580. there was no such thing in Scotland as government by presbyteries , if he meane that that government was not setled thorow the whole Kingdom , he speaks truth ; but nothing to the purpose ; but if he meane , that in no part of the countrey 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 prelats , 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 usurpe 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 formes of judgments & jurisdictions , as well in spirituall a●… temporall causes , entered in practice , and custome , and that dureing 24. yeers by past ; & those formes of judgments & jurisdictions in spirituall causes , were assemblies Synodall , presbyteriall , & parochiall , all which were discharged by that Act : And hence it is clear that there were such judicatories in the land before the yeer , 1580. Moreover at the Assembly , 1579. there was a motion made about a generall order to be taken , for erecting of presbyteries in places where publick exercise was used , untill 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 nationall assemblies , shew that the Church was governed presbyterially . 6. This is certane , That there was some government of the Church sworne to , in that Covenant ; for there are these word in it [ That we joyne 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 dayes of ourlife ] Now , all the difficulty is to know what this government was , And it is certane , That either it was the government by presbyteries or the government by prelats . It could not be the government by prelats . 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 Ministery of the land , would swear to defend the government of the Church by prelats , all the dayes of their lives , when they were us●…ing all meanes , 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 maintaine prelacy , seing at their very last meeting , they had made such an expresse ▪ Act against prelats ? 4. When the Laird of Caprinton , his Maj. commissioner , did presente unto the generall Assembly , the confession of faith ; or nationall Covenant , he presented withall from his Maj. a plot of the severall presbyteries to be erected in the Kingdome , mentioning the presbyteriall meeting places , & designeing the severall parishes , which should belong to such & such presbyteries : As also a letter from his Maj. to the noblemen & gentlemen of the countrey , 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 & Councell , if they intended to establish prelacy by the confession of faith , would in that self same day ( which is a shorter tim●… then halfe a yeer ) wherein ●…he conf●…ssion was presented as subscribed by the King , & his houshold , & to be subscribed by the assemby , presente such a plot for presbyteries : thorow the whole Kingdom , & c ? Let this advocat answere this if he can . It must then be an undoubted truth , That the government , sworne to in that nationall Cov●…nant was presbyterian government . 7. And whereas he sayeth the King within Six moneths thereafter did stand to the agreement at Leth , & avowed it in the businesse 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 faithfull & constant counsellours about them , lest they be made to undoe their owne works , in a short time . There was many a change at court , & as contrary parties gote 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 dayes they ●…ad a way of useing liberty enough , & more then was fitting . ) Ans. It would ●…come this gentleman to speak spareingly or these zealous & stedf●…st worthies , who lived in those dayes , & 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 sinfull 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 Councell , 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 owne presbyterian governement , by vertue of that Covenant , severall times thereafter ▪ There is a letter which Mr Andrew Melvin ( who no doubt knew the minde of the assemblies ) wrote unto divines abroad ▪ An. 1584. in which , speaking of the discipline of the Church he fayeth ( as reverend Mr Petree citeth in his history Pag. 448. ) And three yeers 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 Iohn Spottisw●…d & Mr Iames law , were accused by the Synod of Lothian for overturning the discipline of the Church , & had denyed the same : The Synod did presente the con●…ssion of faith to be subscribed by them , & so , in the judgment of the Synod , this confession did containe an abjuration of prelacy , & a promise of maintaining of presbyterian governement . And againe when the ministers were impannelled 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 assise , & shewed that they were bound by the nationall Covenant to maintaine 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 decerne that to be treason which themselves had sworne & subscribed : & he desired the Earle of Dumbar to report unto the King , in their names , what punishement 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 Episcopall governement , both by the Covenant & by the word of God , as any do judge themselves engadged 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 & Councell did , as contrary to the Covenant ; for a negative testimony from humane history is the weakest of all arguments . Moreover , this is certane , that the courts of Christ both nationall , provinciall , & classicall , 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 gote from his Maj. They openly protested before the King & his Councell , 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 wich this author alledgeth 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 , unlesse they can produce some authentick expresse 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 reale ( of which kinde this nationall Covenant was ) & the vinculum of this , is more then personale , it obligeth moe then such as did personally take it . 3. Therefore this Covenant being a nationall reall Covenant , obligeing 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 , then a Generall 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 prelats were heighly advanced , out of this same author ; & so the true sense of the nationall Covenant , hath come down from father to son , amongst the honest partie , 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 authentick expresse 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 then this , that before ; Iuly 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 certaine , that in that Covenant , some Government or discipline was sworne to be continued in , & defended , as the expre●…e words , before cited , do shew . 2. It is certane , 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 governement , was abjured , & if it was presbyterian governement , then prelacy was abjured . 3. It is certane , that if it were once cleared , what that governement was , which the Church of Scotland , in & about that time , did owne , as the only governement of the Church , it would soon be cleared what that governement was , which by this covenant they were bound to owne & to continue in ; & consequently what governement was abjured thereby . Therefore all the difficulty is to know what that government was , which the Church did owne ; & yet there is no difficulty here , for it is as clear , as the sun at noonday , that it was Church governement by presbyteries , Synods , & assemblies , which they , both before , at , & after that time did owne & 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 prevaile against Bishops , from the yeer 1571 unto the yeer 1575 , & being continually wearied with complaints given in against them , they entered at last into a search of the office it self , & 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 designe a distinct officer . 2. Anno 1576. the assembly did censure such prelats , 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 yeer , the moderator told Montrose , Chanceler Seaton , & Lindsay . That they had drawn up , out of the pure fountaine of God's word such a discipline as was meet to remaine in this kirk . 5. At that same assembly , it was ordained that such as were called Bishops , should be content to be pastours of one flock ; should usurp no criminall jurisdiction ; should not vote in Parliament without a commission from the kirk ; should not Empire over their particular elderships ; & should not usurpe 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 prelats was pretended , & had no warrand 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. desireing that the book of policy might be established by an Act of Councell , untill the meeting of a Parliament . 9. In the assembly 1581. At Glasgow the Act of the former assembly at Dundee was explained , & i●… was showne that thereby the Church did condemne 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 countrey , 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 governement of the Church , viz. That it should be presbyteriall , & according to this harmonious desire , presbyteries were erected in severall places . 11. In that same assembly , The second book of discipline was insert in the registres of the Church , & immediatly after , the Covenant was insert ; That all posterity might see that the governement , which they swore to maintaine & owne 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 Ministery at Sterlin under the paine 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 moe presbyteries , was granted , and a new ordinance made for subscribeing the Covenant ; can any man now doubt , what that government was which the Church in those dayes owned by that Covenant ? 14. Anno 1582. a new commission was granted , for erecting of moe 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 yeer , commission was given to some presbyteries to try & censure such as were called bishops , and some were sent unto the Councill 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 bishoprick 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. shewing that they found the office of bishops not agreable to the word of God , but damned in diverse 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 generall 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 paine 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 paines taken by that reverend Assembly ▪ to cleare the oath , according to the sense of those who first took it .

But he addeth That Episcopacy was not accounted unlawfull , even in the judgment of the assembly of the Church , within Six yeers after , where it was declared . That the name bishop , hath a speciall 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 choise brethren added , without whose counsell he should do nothing , under the paine 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 withall , he should have insp●…ction over moe parishes , & that every Minister who was to enter , should have his approbation , & the approbation of those Ministers who were to be joyned with him , &c. But when the assembly did meet in May thereafter , these were not assented unto . But it was only concluded That the , bishop , being a pastour , as other ordinary Ministers , should be tryed by the presbytery & Synod , in matter of doctrine & conversation ; And be subject unto the Generall assemblies : & when the commissioners , who were sent from his Maj. did hear of this , they dissented , & protested , that nothing concluded should stand in force ; seing th●…y had passed from the Articles . And this occasioned a ●…w conference , where that was concluded which this author mentioneth , & withall 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 yeers 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 Prelats 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 paine 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 repeale any act , which was made in prejudice of the Church , the yeer 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 , & Prelats 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 prelats hemmed in , hopeing when this furious tempest was fully blowne over , that she should be in a better capacity to promove her work ; And withall it may be seen , that she holdeth as much as she can & mindeth the work of the presbyteries , notwithstanding of the lawes 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 beleeve . ) . And it would be considered likewise , that at this Assembly there were severall of these Ministers present , who Anno 1584. had subscribed unto the prelats : 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 pastours : and Sess. 10. & 11. They declared that by a Bishop they meane 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 then whatever was done 〈◊〉 Glasgow , after the Covenant was taken by the body of the land , could not oblige all the takers of it , to owne their declaration of the sense of the Covenant , which was not at first imposeing the oath , declared unto them . To let passe 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 publick & judiciall 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 undenyable arguments ( as hath been showne ) ▪ 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 prelats , untill the Generall 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 owne their declaration of the sense of the Covenan●… , Ans. Though their deed could not oblige the body of the land to owne their sense , yet the Covenant it self 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 privat person could not be so able to do , & which necessity did require to be done ; because of severall doubts which were raised there about .

He addeth , & the body of the land hath not indeed abjured Episcopacy by that nationall Covenant . Neither the Covenant nor added interpretation , doth import any such thing . Ans. This is a strange thing : how can this be seing 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 yeers 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 plaine ( though before , as to this particular , unclear ) they had also abjured the same governement of the Church by prelats . 2. How the Covenant it self importeth the abjuration of prelacy , hath been showne above , & the added interpretation needed not import any such thing .

Next he sayes 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 ; seing by taking of it , they did owne 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 shew their owneing of that sense , & of none else .

Nor ( sayeth he ) was there any Act of that assembly ordaineing that all should owne 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 , & shewing how it could be understood in no other sense , was sufficient . All such as took the Covenant , by a native undenyable consequence , be●…oved to take it , in this sense , & to owne the assemblies determination ; because they behoved to take it , in its owne sense , & the assembly did no more but shew what that was . 2. There is an Act enjoyning all , in time coming ( for avoiding any further doubt or disput ) to take it according to their determination , in the poynts then debated . And an other Act discharging any to take it , in any other sense . True ( sayes he ) but few did so & if any did so they are to consider whether they have been too rashly carryed 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 rashnesse in any to do it . But why was it rashness to take a Covenant , & a lawfull Covenant , in its true sense ? Can this be an Act of rashness , o●… is it , not rather an Act of wisdome & deliberation ? But moreover was it rashness to obey an Act of Councell made A●…st . 3. 1●…39 Conc●…ng 〈◊〉 is : & an Act of a generall ass●…bly having the comfort of , & civill ●…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 obligeing force of the nationall Covenant answered . And now the reader may judge whether or not by vertue of that Covenant which was imposed by lawfull authority , both by Church & state ; & against which no exceptions of any force can be brought ; the whole land standeth obliged against the governement of the Church by prelats : And whether there can be any clear ground or warrand , for abjureing of that Covenant , taken from any deed of the Assembly 1638 , seing that assembly did nothing but cleare up the true sense & meaning of the Covenant , out of the authentick records of the Church , & their sense was approved by his Maj. commissioner & by an act of the privy Councell . 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 boldnesse 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 wonderfull , it was publickly debated & concluded in Parliament . That no Covenant or promise made by the King to his subjects in the time of a civil warre is obligeing , but that so soon ever as occasion is offered he is at liberty to break the same ( though even Grot●… connot but say de jur . bel . & 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 countreyes , to tremble ; for all the security which they have , for their liberties , & freedome of religion in peace & quietnesse , 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 , then 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 againe , & is not impossible ) that there were a civill warre 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 thorow 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 Dutchesse of Parma gave such an answer at the first unto the nobles of the Netherlands when they desired her to minde her promise ; That she was not bound to do so , further then shee saw it for he●… advantage , & the world now seeth , where & how that warre ended . Euchan : recordeth in his annalls , lib. 16. That when Alex : Earle of Glencarne & Hugh Campbel sheriff of Aire 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 minde her promises : But she answered [ That princes should performe their promises no further then they see it for their own advantage . ] Unto which they replyed , that if so , They would passe from their alleagiance & 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 annull 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 beleeve 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 wayes 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 solemne feasts & sabbaths to be forgotton in Zion : how he hath cast off his altar , abhorred his sanctuary . & given up into the hand of her enemyes the walls of her palaces ; so that she is now made to cry out ; is it nothing to you'all yee that passe 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 passe 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 spoile & to the robbers , even he against whom she hath sinned , for she would not walk in his wayes , neither be obedient unto his law , therefore hath he poured upon her the fury of his anger , & the strength of battell , & 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 apologie any make in her behalf , that she or they do intend to quarrell with the most high , for any of his dispensations towards her ; Nay he is just & righteous in all his wayes , 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 lesse then her iniquities do deserve ; so that as to his dealing with her , she hath no cause to complaine , for it is of the Lord's mercy that she is not consumed , because his compassions faile 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 tryall & temptation , will minde & 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 desolat & her priests sighe . It cannot be thought , that such Churches as owne 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 scorne & 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 rejoyce over her in the day of her destruction , or speak proudly in the day of her distresse , 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 crosse way to cut off these of hers that escape , or deliver up those of hers that did remaine in the day of distresse ? Nay , it is hoped , that as the elect of God , holy & beloved , they have put on bowells of mercies & kindenesse , & have learned to have compassion , & to love as brethren , & to be pitifull , & so cannot forget the afflictions of his people in those Islands , but do bear them on their heart when they have accesse 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 turne from his hote wrath & displeasure , & turne to her with healing under his wings : That he would heale her backslideings , and love her freely : and that untill he be pleased to turne from the fiercenesse 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 rode , & who hath appoynted it , & to turne unto him who smiteth , that he may binde up & heale that which he hath broken●… : That the iniquity of Iacob may be purged , & the finite of all this may be , to take away sin : & at length his heart may turne within him & his repentings may be kindled together ; that he may not execute the fiercenesse of his anger , nor returne to destroy Ephraim , seing he is God , & not man ; For he is a God who is gracious , & long suffering , slow to anger , & of great kindenesse , & repenteth him of the evil , who knoweth if he will returne & repent , & leave a blessing behinde him ?

That poor Church will be very far disappoynted 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 condemne her , as suffering upon very slender & inconsiderable grounds , as it will be no small matter of grief & sorrow unto the already sorrowfull mourning Church , yea an addition unto her affliction , so it will yeeld these little comfort in the day when the cup shall passe over unto them , to reflect upon their unchristian thoughts , & sharpe censures of a poor member of Christ's body , while lying under the feet of oppressours , & such as said to her soul , bow down that we may goeover . It is true , the infinitly wise God hath thought fit to try that Church with more searching tryalls then he did England & Irland , & it was the policy of her adversaries to beginne with such small things , to the end , they might get such as they desired , drawne 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 goe 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 replyed 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 & apostasie in that Church , is at present , & for as great a conspiracy as is found among her prophets ; If the tryall had been nothing more searching , then that wherewith the Neigh bour Churches were tryed , 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 owne colours , & the baite 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 Scotl , that God hath followed such a way with her as shall prove most discovering & consequently most purging , by making her drosse to appear , & bringing to light in a short time , more corruption & ●…aughtinesse , then , in all probability , would have been found out , many a yeer , 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 complyance 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 yeeld more unto their enemies at another time & place , then when they are keeping a considerable passe , the loseing of which would prove of great disadvantage unto themselves , & an in-let unto all the enemies forces : There is a time when such things must be stood at , which if abstracted from that time & place , would signifie 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 martyres , was at that time , & as so circumstantiated , a maine businesse , when they were upon the poynt 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 windowes , is a great businesse , as it was then circumstantiated : And doolfull experience , in all ages , hath made it appear what mischief hath followed upon yeelding unto the adversaries in small-like matters , in the begining of a defection , what through inadvertancy , what otherwayes : by little & little the pope came to his throne , & not in one day ▪ by little & little came prelats 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 smal 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 Godlinesse , & had made that Church to look like an harlot , & not like the spouse of Christ ; Especially after God had wrought such wonderfull deliverances unto her , & had graciously delivered her from that yron furnace , & with his out-stretched arme had brought downe all her enemies , Should they againe break his commandements , & joyn in affinity with the people of those abhominations , 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 yeelding in the least ; And though their adversaries the prelats , be useing barbarous & inhumane , let be unchristian , wayes , 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 judgments . Yea they are perswaded 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 , then they have done , or desire to do ; So that , what ever can be looked for from men of corrupt mindes , & such as are enemies to the truth & to the power of godlinesse ; 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 condemne them in the least . Yea or if they saw what a deluge of prophanity , is now broken in upon these lands , what unparalleled wickednesse is there perpetrated , what abhomination 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 Kingdome of God within , & so advantagious for the promoveing of the maine interest of Satan , & never acknowledge that to be a divine truth which is not after Godlinesse . 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 , & abhore that which openeth a gap to all prophanity & licentiousnesse : And though they could disput none against such a course , this were enough to make their gracious souls abhore it . Let none say that such precisenesse , & refuseing to cede in a little will prove destructive to the Church , by incenseing the civil Magistrat the more ; For God's way is alwayes the best , both for particular persons & for Churches ; & an instance cannot be showne where a Church by her faithfull adhereing to the truth of God , standing to her principles , & refuseing to goe back in the least , hath ruined herself ; But upon the other hand it hath frequently been seen , how a Church by her yeelding unto the snares of her adversaries , through fear or prudence ( falsely so called ) hath brought ruine & destruction insensibly upon herself : The yeelding unto a little in the beginning of a defection , hath proven the bane & neck-break of Churches , cedeing to little formes at first , hath brought in the masse , at last .

But now it is hoped that such as shall duely & Christianly ponder the premisses , shall not account the grounds of the sufferings of that Church & people , punctilioes , or inconsiderable triffles whatever such as do not weigh●… matters in the ballance of the sanctuary , but according to their owne phancies , 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 ; & enquire what ●…s become of that Spirit of boldnesse , zeal , & courage , for the cause & truth of God , which formerly did act the faithfull ministers & professours of the Land ? And where are all those worthies , who set their faces against greater stormes , then any that hath appeared of late ? And how is it that so many have out lived their own zeal , & faithfulnesse , & 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 predecessours valued beyond their lives ? And how is it , that this generation hath degenerated , so far as their predecessours 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 evill & bitter a thing it is , that they have forsaken the Lord their God ?

And therefore this dispensation of the Lord unto that Church , may & ought to be improved by other protestant neighbour Churches , as a warning from the Lord to repent , & returne 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 injoyments have been , when these are abused to licentiousnesse , & not improved for the glory of God , & the advancement of the work of reformation of Churches , & of particular persons , the sor●… will the plagues & judgments 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 kindenesse of her youth , the Lord is now visiteing her with sore & sharpe rodes : Professions , yea large professions will not save in the day of God's anger : He searcheth the hearts ▪ & the reines , & he loveth truth in the inward parts , & therefore the faire flourishes of outward professions will not satisfie , if there be not more . Covenanting with the Lord will not hold off judgments , 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 Scotlands dealing deceitfully in the Covenant ; For so long as she was with some singlenesse 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 , then the Lord departed from her , & she could not shake her self as before .

Finally , it would become all neighbour reformed 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 universall & solemne manner , & the door bar●…ed with solemne 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 hundered of yeers . And if Antichrist shall againe 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 . Babilon the great is fallen , is fallen , & is become the habitation of devils & the hold of every foule Spirit — so that the Kings of the earth who have Committed 〈◊〉 , & lived deliciously with her , may bewaile her , & lament for her , when they shall see the smoak 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 abhominations ) with others , be glade & rejoyce , when that wicked , with all his appurtenances , shall be consumed with the Spirit of his mouth & shall be destroyed with the brightnesse of his coming . Even so come Lord Iesus .

AMEN .