Relation of the Sufferings of Ministers in Scotland Since 1660, Section 12

Relation of the Sufferings of Ministers in Scotland Since 1660 · Section 12

p. 169SECTION. 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.

p. 170As 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 p. 171canons 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 p. 172of 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 p. 173princes, 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 p. 174him, & 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 & commonwealth 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 p. 175& 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.

p. 176Anno 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 p. 177the 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 p. 178competent 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 p. 179of 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 p. 180of 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 p. 181the 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 p. 182moderator & 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 p. 183by 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 p. 184to 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: OnelyOnly 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 p. 185tremble: 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 p. 186made 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 thisthe 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, p. 187opened 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 p. 1886. 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 p. 189which 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, p. 190depose, & 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 p. 191matter, 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 p. 192their 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 p. 1932. 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 p. 194grounds 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 commonwealth, & 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 p. 195his 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 p. 196Voetius 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 p. 197Act, 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 p. 198along 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 p. 199i 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, & Churchmen 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 p. 200judicature, 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.