Relation of the Sufferings of Ministers in Scotland Since 1660, Section 17
SECTION XVII.
It is lawfull for Ministers to preach after the pretended prelate hath either suspended or deposed them.
BEing now speaking of the trouble that Ministers are put to, for preaching of the Gospell, it will not be amisse to speak h…e, of another case: And it is concerning such as either are, or shall be suspended, or deposed by the prelats or their Synods: And it may be; some may think, that though they be not bound to be silent upon the sentence of banishment passed against them, by the civil Magistrat: Yet being formally silenced or deposed by the Bishop, or his Synod, they cannot lawfully contraveen that Act & sentence, it being the act & sentence of a Church judicature, or of such as have formally Church power & authority. But the serious pondering of these six things, will cleare that notwithstanding thereof they are bound to look upon themselves as Ministers, & so not only may but ought to exerce their Ministery as God shall put opportunity in their hands.
1. Submission unto such a sentence would be an acknowledging of the prelate & of his power, & this is contrary to their oath & covenant: Such officers as prelats, were cast out of that Church, & abjured, & now submission unto their sentence, would be an expresse owneing of them, & acknowledging them to be really cloathed with Church power, & particularly with power over preaching presbyters; & so they should acknowledge another officer in the Church, then Christ hath instituted, which no true Christian ought to do. If the … should take upon him to depose or suspend any Gospell Minister, would not that Minister acknowledge the power of the Pope, if upon the receiving of such a sentence he should leave off the exercise of his Ministery? And when the civil Magistrat taketh upon him to depose a Minister immediatly, if that Minister should upon such a sentence, be silent & submit, would he not thereby acknowledge that the Magistrat had power to depose Ministers formally? Sure none could doubt of this: So then it is beyond all question that to submit unto such a sentence, would be a clear acknowledging of their power, & this is diametrically opposite unto an endeavour to extirpat them.
2. If it were lawfull to submit unto their sentence, it were undoubtedly lawfull to compeer before their court … before a lawfull court, & answere unto any accusation given in against them, for if one may acknowledge the lawfulnesse of the sentence of such a court, they may also acknowledge it lawfull to answere before them, & so lawfull to owne them as a lawfull court. Now seing conscientious Ministers could not have clearnesse to compeer before the prelat or his Synod, when summoned; can it be expected that they should counter-act their own testimony & condemne themselves, by submitting unto their sentence?
3. Such a submission would prove very stumbling unto the godly for. 1. It would encourage them to owne the prelats as lawfull Church officers, to compeer before them, to obey their acts, & so to owne & acknowledge them as lawfully impowered; for if they be owned & acknowledged in one particular, why not in all? 2. it would wronge the peace of the godly, who have hither…ill keeped a distance; & give a check unto their conscientious walk ing, when they should see ministers submitting to their sentence, as to the sentence of any uncontroverted lawfull Church judicature.
4. Who ever condemne this non-submission, sure such, as of late, thought they could not in conscience submit (& also all such as did approve them in that particular) unto the sentence of deposition or suspension, passed against them by a controverted assembly, because they looked upon it as no lawfull Generall assembly, being not lawfully constituted; cannot condemne this; but according to their principles, must preach; for no doubt the power of prelats is much more to be questioned; then the power of such assemblies, & even many who will stand to the justifying of that assembly will never justifie the power of prelats, & therefore it cannot but be expected that such as thoughte the sentence of that controverted assembly null, should now look on the sentence of a prelat, as null and of no effect and therefore as little, if not lesse, to be regairded & submitted unto.
5. Beyond all question, it is a sentence proceeding from such as have no power, & therefore ought not in conscience to be submitted unto. A minister who is called of God must not lay aside his office or the exercise of his office & power, upon every man's desire: But if he be exauctorated at all, it must be by such, as have lawfull authoritie for that effect, unto whom he is bound in conscience, to subjecte himself; And so he shall have peace though the sentence be passed clave errante, unjustly. There will no man quite any of his goods upon a sentence comeing from an incompetent judge; And shall a Minister quite with his Ministerie, which should be dearer unto him then any thing else, upon a sentence proceeding from an incompetent judge, ora privat person? this in reason cannot be expected.
6. If so be they should submit unto this sentence & account themselves no Ministers, It would follow that though the prelats were all away, they might not preach nor exerce any ministeriall Act, untill a Church judicature would take off the sentence againe, & then not only they, but the Church judicature also, in so doing, should acknowledge the validity of the sentence and consequently the lawfulnesse of the power from which it did slow.
But it will be objected. 1. That that sentence cometh not from the Bishop alone, but from a Synod whereof he is only the moderator. Ans. Though the sentence be given out at the meeting of such as are underlings to, & complyers with him; Yet the sentence is only his sentence, & this he is pleased to signifie unto all, at their meeting, left they should forget it, & so mistake him & themselves both; And he indeed maketh a fashion of asking their votes, to the end they may be partakers of the guilt, & of the odium with himself; But he acknowledgeth them to have no power, unlesse it be to give their counsell & advice. But. 2. It hath been showne above that such meetings are no lawfull Church judicatures, no presbyterian meetings, but prelaticall conventions & conventicles, set up of purpose, for his ends & for the carrying on of his designes. And their not compeering before these meetings sayeth they did not acknowledge them to be lawfull meetings, & therefore they cannot now acknowledge their sentence.
It will be objected. 2. That though they ought not to be submitted unto as prelats or co…rts of prelats; Yet they ought to be submitted unto as the King's commissioners, & their sentence is in so far to be reverenced. Ans.. Whether they sit & Act there, as principall or as commissioners, yet any such sentence proceeding from them, is a non-habente po…estatem, from such as have no power; For of themselves they have no such power, & they can have no such power from the King for nemo p… test dare quod non habet, the King can not give them the power which he hath not, The King cannot depose a Minister immediatly: It is true he may put a lawfull judicature to whom this power doth properly belong, to do it, or he may imprison or banish, & consequently put from the exercise in such a place, but formally he cannot give out any Church censure of suspension or deposition, against any Minister, & therefore he can commit no such power unto any man whether he be a civil man, or a Church man. And thus It is still clear that this sentence should not be submitted unto, if it were no more but for this one cause, because it should be an acknowledgeing of the Magistrat's power in the matter of Church censures, which is an assertion unto which no sound reformed divine will assent.
It will be objected. 3. That seing it is certane such shall be put from their Ministerie ere long however, for if they submit not unto the sentence, the civil Magistrat will either banish or imprisone, or some other way put them from it, whether they will or not, were it not faifer then to prevent further suffering to themselves & theirs, by submitting in time? Ans. It is true, that in all probability the civill powers will not suffer such to preach long, after such a sentence is dissobeyed; But yet it is the duty of all, so to carry themselves, when suffering is at hand, as that they may have most peace of conscience, & quietnesse under the crosse: And it is certane they shall have far more peace, who continue preaching as opportunity offereth, notwithstanding of any such sentence, untill some phisicall restraint or what is equivalent, be laid upon them; Then such as shall willingly submit unto an unlawfull sentence, proceeding from an unlawfull judicature, deriveing power from an empty fountaine, & thereby give offence & great scandall both to good & bad.
It will be Objected. 4. That submission to judicaturies established by law, is necessarie; Either obedience active or passive is necessary, otherwise there shall be no order. Ans. Whatever may be said anent submission, or non-submission unto the unjust sentences of lawfull judicatures; Yet it will be clear, that no submission should be yeelded unto the unjust sentences, of unlawfull judicatures. For the authors of the review & examination of that book intituled Protesters no subverters and Presbytery no Papacy grant, Pag. 96. This much, saying we plead not for submission to officers, & judicatories, not of Christ's own institution, such as, not only, popes, but prelates,—& were no lawfull Church officers so that here their arguments conclude not, taken from the practice of Ministers, not submitting to the sentences of prelats in the Church. So that then all the Church of Scotland, as to this particular, it seemeth, was of one judgment and thought that Ministers should not submit unto prelats passing a sentence of suspension or deposition against them, these prelats being no lawfull Church officers: & so it is clear that this non-submission in this case, is no new thing in that Church, but was the practice of severall worthy & precious men before, as the book before mentioned sheweth, which instances are worth the noticeing now.