Relation of the Sufferings of Ministers in Scotland Since 1660, Section 10

Relation of the Sufferings of Ministers in Scotland Since 1660 · Section 10

p. 114SECTION 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 p. 115other 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 monethmonth, & 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 selfbe 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, p. 116by 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 p. 117said 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▪ p. 118required 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 onelyonly 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 onelyonly 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 p. 119& 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, p. 120to 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 p. 121one 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.

p. 1224. 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 p. 123admininistration 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 p. 124the 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 onelyonly 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 onelyonly 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 p. 125any 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. & p. 126the 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, p. 127& 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.

p. 1289. 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 p. 129whether 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 MonethMonth of May 1643. meet to gether with the commissioners for common burdens? that by ioynt p. 130advice. 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 p. 131should 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 p. 132when 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; consirmeth the observation concerning the fore mentioned parl. viz. That they were holden without King or Queen, when neither King nor Queen is mentioned in the Acts. 3. Is it not strange how they could annull the parl. 1648. among the rest; seing the Acts of that parl. were more homogenious with their own Acts, then the Acts of the rest: For the Acts of, & designe carryed on by, that parl. were no such injurious violation of his Maj. power & authority; nor were they Acts of rebellion as they suppose the Acts of the other parl. to have been: So that the ground upon which they rescinde the rest of these Parl. will not warrand them to rescinde this; & so it is not upon the ground of their Acts that they rescinde these parl. Because then they would not have rescinded this parl. 1648. What grounds then they will seek out next, who can tell? For all the grounds which they have hitherto to given, whether from their Acts & deeds 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 p. 133have 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 & onelyonly 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, & p. 134by 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 p. 135will 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 p. 136civill 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 onelyonly 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 onelyonly 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, p. 137lawes, & 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 ne que 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 p. 138ruine 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 p. 139of 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 p. 140& 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.