Relation of the Sufferings of Ministers in Scotland Since 1660, Section 19
SECTION XIX.
The unlawfulnesse of compeering before the high Commission Court, demonstrated.
TO the end that the forementioned persecution of the saints & servants of God might be the better carryed on, There is a high commission court erected consisting of the two arch prelats, & some other prelats, & of some noble men, some Magistrats of brughs, & some souldiers & others: And this number or any five of them, a prelate being alwayes one of the five, have power granted to them from the King who appoynteth them by vertue of his prerogative royall & supremacy over all persons in all causes ecclesiastiek, as was shown above Sect. 12. To suspend deprive & excommunicate, as also to punish by fineing, consineing, committing & incarcerating all keepers of conventicles, all Ministers who contrare to the lawes & acts of Parliament & councell, remaine, or introduce themselves upon the exercise of the function of the Ministery, in those parishes & bounds inhibited by those acts; all preachers who come from England & Irland without sufficient testimonialls, or leave of the Bishops of their dioceses, all such persons who keep meetings & fasts at the administration of the sacrament of the Lord's supper which are not approven by authority: All who speak, preach, write or printe to the scandall, reproach, & detriment of the Estate, or government of the Church & Kingdom, as it is now established: All who contemne molest, & injure ministers who are orderly setled: All who do not ordinarily attend divine worship, administration of the word & sacraments, performed in their respective parishes by ministers legally authorized, for taking the cure of these parishes: All such who without any lawfull calling as bussy bodies, goe about houses, & places for corrupting, & disaffecting people from their alleagiance, respect & obedience to the lawes: And generally, without any prejudice to the particulars specified, all who expresse their dissa…sfaction to his Maj. authority by contraveening the acts of Parliament & Councell in relation to Church affaires, etc. This court appeareth terrible unto the godly, for the persecution of whom, & of none else, no not the most flagitious & prophane, it is erected; & seemeth to be as a new court of inquisition. But that which is more lamentable is this: That there lyeth hid here a dreadfull snare for tender consciences; For it is such a court, as tender hearted Christians cannot but scruple to acknowledge, or compeer before, without a declinature, the giving in of which, would be accounted laese Majesty, & therefore in such a case, such as resolved to keep a good conscience, in this day of tryall & defection, saw a necessity of withdrawing, & of not compeering at their summonds, even though they might have pleaded them selves innocent of any crime laid to their charge.
Now if any would desire to know the reasons why such a court cannot in conscience be owned, acknowledged or submitted unto, as a lawfull judicature, let him consider these particulars, & lay them together, & he shall see clear reason for either declineing or withdrawing.
1. This is a judicature meddling with censures purely ecclesiastick, such as suspension, & deposition of Ministers, & excommunication both of Ministers & people, & therefore must be acknowledged to be a Church judicature. Now there is no warrand for any such Church judicature, in all the new testament; nor is there any precedent of the like, to be found in the Gospell: & Christians must acknowledge no Church judicature but what hath a speciall warrand from Christ's law & testament.
2. This is a Church judicature having its rise, power & commission only from the King, & the King granteth this power to this Commission & authorizeth this court, by vertue of his royall prerogative over all persons, and in all causes, as well ecclesiasticke as civil. So that none can acknowledge this court but withall they must acknowledge the Kings prerogative royall, & supremacy in all causes, & over all persons; & particularly they must acknowledge that pure & proper church power, doth properly reside in the person of the supreme Magistrat, & that he hath proper power to suspend & depose ministers & also to excommunicate, & so hath power to Commi…sionat any of his subjects, he thinketh good, for that effect: But what presbyterian, yea what sound protestant who is not devoted to Erasius's Antichristian notions, will or can acknowledge this.
3. In this judicature, civil persons as such, viz. the Chancellour, Thesa…rer, duk Hammilton, Marquis of Montrose, Earles, Lords & others, who are no Church officers, have power in Church matters, viz to suspend, depose, & excommunicate. But this is against all the Discipline & lawes of Christ's house, for Christ will have the affaires of his house governed by officers of his owne appoyntment: Who then can acknowledge such a court, & not with all consent unto this intolerable incroachment upon the privileges of Christ & his crowne, & justling of our Lord out of his rights? is not this the fountaine of all disorder, & confusion, tending in end to the utter overthrow of all Church discipline, & to to the totall overturning of the Established order of Christ's house? & can any acknowledge such a court, seing such sad consequences will follow thereupon?
4. In this judicature, ecclesiasticke persons have power of civill matters & civill punishments, for the court hath power to fine, co…fine, committ, and, inc…rcerat for contraveening the Acts of Parliament. But that Church officers should medle with civill matters, is diametrically opposite unto Christ's word, Mat. 20: 25. Luk. 22: 25. where he forbiddeth all the exercise of any such power as was exercised by Kings and civill powers on earth, saying the princes of the gentiles exercise dominion, and they that are great exercise authority, but it shall not be so among you so that the very exercise of the power is prohibited, & if any should think that he meaneth only the …anny & abuse of the power, because he useth the compound words foreign & foreign Luk doth sufficiently take away this objection when he useth the simple words foreign & foreign & the scope of the place cleareth it also for the question unto which Christ returneth this answere is concerning primacy & power, and not concerning the abuse of the power. So then whoever do acknowledge this court do approve in so far of this contradiction to Christ's command.
5. The acknowging of this court, would be upon the matter a justifying of all the Acts of persecution exercised against the worthles of old, for avouching the Kingly office & power of Christ, & declineing the civill courts, in Church matters; & so a condemning of the Zeal of those worthies, who hazarded life & all which was dear to them, in giving testimony, against the incroachments made upon the crown and privileges of Christ as King: But certanely a Christian tender of the glory of God, & of his cause, which hath been, & is hated & persecuted by his enemies; would scarre at this.
6. Particularly the acknowleding of this court, would be a condemning of worthy & precious Mr Rutherfoord, & Mr Dickson who declined the High commission, and refused to passe from their declinature on any termes, wherein they were singularly & eminently owned of God, & approved by his testimony to their spirits: And what tender Christian could do this?
7. The acknowledging of this court, is a clear breach of the first article of the league & covenant, in severall particulars as. 1. the acknowledging of this court, is an overturning of all the principles of Presbyt…rian Government, & so contrary to that oath whereby every one is sincerely, really, and constantly, through the grace of God, to endeavoure the preservation of the reformed religion of the Church of Scotland in doctrine worshipe, discipline and government: And that because. 1. It is contrary to the principles of presbyterian Government to have Church power derived in whole or in part from any prince or potent at upon earth, but only from Iesus Christ the sole King & head of his Church. 2. It is contrary to the principles of presbyterian government to have Church censures dispensed by any except Church officers. 3. It is contrary to the principles of presbyterian government to have Church officers medling with civill affairs. 4. It it contrary to the principles of presbyterian government to have any other Church judicatories, then such as are allowed by the Gospell. 5. It is contrary to the principles of presbyterian government to have Church power & civill power confounded, & in-distinct. 2. The acknowledging of this judicature, would be a condemning of the work of reformation in part; for this is one piece of the doctrine of the Church of Scotland, & one piece of the reformation viz. That Church officers should not meddle with civill power or places, & this was much looked to, at the begining of the late work of reformation, & condemned both by Church and state, Anno 1638, 1639, & 1640. And therefore tender Christians could not do this, & sinne against God.
8. The acknowledging of this judicature is a breach of the second article of the same league & Covenant. Upon this account that it is an acknowledging of the power of prelats in the highest degree of that power which ever they had in Scotland. And next upon this account that it is an approving of that which is contrary to sound doctrine, & the power of godlinesse, & so a partaking of other mens sinnes, & a runing the hazard of receiving of their plagues; expresly contrary to that article.
9. As to the civill part of this court (for it is a monster of judicatories, viz. two distinct bodies under one head) The acknowledging of it, would be a crossing of the third article of the league & Covenant upon a two fold account. 1. In that it is a wronging of the rights & privileges of Parliaments, …o owne a judicature not approved & established by any Act of Parliament old or late. 2. In that it is a wronging of the liberties of the Kingdome, to consent unto an arbitrary power, assumed by the prince over them, contrary to the fundamentall lawes of the land, in setting up what judicatories he pleaseth without consent of Parliament, without whose speciall warrant & authority the meanest fixed court cannot be erected.
10. It is a court unamimously condemned by the Church of Scotland in their assembly 1638. Act S…ss. 14. upon very pregnant & considerable grounds for they found that it had been erec…d without the consent or procurement of the K…rk, or consen… ▪ the …states of Parliament: That it did subvert the jurisdiction and ordinary judicatories & assemblies of the Kirk sessions, presbyteries, provinciall and nationall assemblies: That it was not regulated by lawes civill or ecclesiasticall; but at the descretion and arbitrement of the c…mmissioners: That it gave to ecclesiasticall persons the power of both t… swords, and to persons merely civill the power of the keyes, and Kirk censures: and therefore did prohibite the use and practice of it, as being a court unlawfull in it self, and prejudiciall to the liberties of Christ's Kirk and Kingdome, and the King's honour in maintaining the Established lawes and judicatories of the Kirk.) Now how could any true member & officer of the Church of Scotland acknowledge this judicature so unanimously dis-allowed & condemned by that Church?
11. The acknowledging of this court would be a clear breach of the nationall covenant, as sworne & subscribed Ann… 1638, & 1639. for in that covenant the land was sworne to resist all corruptions, according to their vocation & to the uttermost of that power which God had put into their hands, all the dayes of their life: And among other things referred to the determination of the Generall assembly, this, concerning the civil places & power of Kirk men was one: And accordingly the Generall Assembly did determine act sess. 25, Decemb. 19. 1638. That it was both inexpedient & unlawfull for pastors separated unto the Gospell to brook civil places & offices: & the next day there was an act made for subscribing of the covenant accord ing to this determination for: (say they) it is found by the confession of faith, that the five articles of Perth and the civil places and power of Kirkmen, are declared to be unlawfull. The assembly alloweth and approveth of the same in all heads and articles thereof, and ordaineth that all ministers, masters of universities, colleges & school… and all others who have not already subscribed the said confession and covenant; shall subscribe the same with these words prefixed to the subscription, viz. The article of this covenant, which was at the first subscription, referred to the determination of the Gen. assembly being now determined at Glasgow in Dec. 1638. And thereby-the civill places & power of Kirkmen being declared to be unlawfull We subscribe according to the determination of the same free & lawfull generall assembly. So that it is most clear that none can owne this judicature without the breach of this covenant so explained; because they cannot acknowledge this judicature, but withall they must acknowledge the civil power & places of Kirkmen.
It will be objected. That the Commissioners of that court and particularly the prelats may be owned as his Maj. Commissioners & so it will be lawfull enough to compear be fore them. Ans. If they be looked on as his Maj. Commissioners: Then either as his commissioners in spirituall matters, or in civill matters: If as his commissioners in Church matters, then no Minister or Christian could owne them as cloathed with such a power, because his Maj. hath no such power from God, & therefore they can have no power from him by vertue of this Commission: & moreover compearing before them under that notion as having power of Church censuras by vertue of a commission from the King, is an acknowledging of such a power in the King, which is contrary to truth, as is showne above. If as his commissioners in matters civil, then Church men should be owned as having civil power which were contrary to the clear word of Christ, & to the expresse determination of the Assembly & also contrary unto the nationall covenant.
But it will be objected in the next place. That upon the same ground no man might lawfully compear before the High court of Parliament because prelats are now made constituent members thereof, & so compearing before them would be an acknowledging of the lawfulnesse of the Church men their having civil places & power, Ans. It is true they may do nothing that may be an approving of their having civil places & civil power: & therefore th…ough they might not decline the court of Parliament in a civil businesse, yet at their first compearance they would be necessitated to declare, that they do not acknowledge nor approve of Church men their having civill places and power, & to protest that by their compearance before the High court of Parliament they might not be looked upon as approving thereof, which protestation might in this case salve the conscience, but no wayes in the other case of appearing before the High commission, & that because, the Parliament is a full & compleat court without the prelats, so that though they were laid aside the Parliament would be a Parliament still: but without the prelats the high Commission is no court: for one of them at least is sine quo non; so that lay these all aside & you have no high commission court… & therefore they being essentiall members of the court, it is impossible to compear, & protest that in compearing you do not acknowledge their civil power, without a self contradiction; for in your protestation you have them virtually laid by, as no constituent members, & if they be no constituent members there is no court, yet your compearance sayeth that they are a court; & so it would be a palpable contradiction to protest against these as no constituent members & yet stand before them & answere, as before a court: But as to the Parliament the case is far different, for when the prelats are there laid aside there is a full compleet court remaineing, before which, you may stand & answere for your selfe: the Parliament hath been, & may be, a full & compleat Parliament without prelats but the high commission never was a court without prelats, & may be a court with full power & authority, when there are no other constituent members beside prelats.
Some may object. in the third place, & say This High commission court doth not meddle with Church censures, & therefore cannot be looked on as a Church judicature, meddleing with Church causes & Church censures; but is only a civil court medleing with civil causes, viz. the putting of the Acts of parliament to execution. Ans. 1. Though this were granted; Yet there is ground enough of scrupleing at the owneing of the same, as may be seen in the 4, 7, 9, 10, & 11. reasons formerly adduced. But. 2. It is not very materiall to consider either how little or how much of their power they do put unto execution; but the maine thing is to see what power they may exerce: Now the best way to finde out this, is to look to their commission, which will abundantly cleare us in this: Their commission sheweth how far their power doth reach, or what actions or causes fall within the compasse of their power; And by this we can best take up the nature of the judicature: So that if their commission give them power to suspende, depose & excommunicate, every one must look upon them as a judicature having that power, whether they should alwayes, or never exerce it: And that their commission granteth to them this power, will not be denyed by any who hath ever seen the same; And that part of it which was cited, doth cleare it suffeciently: And therefore it is a mixed judicature, being as well Ecclesiastick as civil.
If it be replyed. That properly they have no power of suspending deposeing & excommunicating immediatly: But the meaneing is, they are to cause the respective Church judicatures to suspende, depose, & excommunicate; for the Act or commission containeing their power, sayeth they have power to appoynt ministers to be censured by suspension, or dep…ion It is. Answered 1. They have power to appoynt Ministers to be censured by suspension or deposition, the same way that they have power to appoynt them & others to be punished by fineing, confineing, committing & incarcerating: but this power they execute not by putting other civil judicatures to do it, but they themselves immediatly do it; & therefore so have they power granted to them to do the other immediatly, the ground of the answere is clear from the very words of the commission, which putteth no difference betuixt the way of their appoynting Ministers to be suspended or deposed & the way of their appoynting others to be fined & confined or incarcerated, & we must not distinguish where we have no ground: And therefore it is said more clearly in the former part of the commission, that they have power for the causes specified to suspend deprive & excemmunicate & these words make the matter as clear as can be, 2. This co…t is raised of purpose to put the Acts of Parliament in execution, immediatly; for so sayeth the commission it self That they are to …se their outmost endeavour, that the Acts of Parliament and councell; …or the peace and order of the Church. &c. … put in vigour and in impartiall execution Now as for this end they immediatly execute the lawes for fineing, confineing, &c. So have they power also immediatly to execute these lawes that are for suspending & deposeing of Ministers. 3. The end why this court was erected sheweth further that it is in part a Church judicature; For it was erected to keep the peace & order of the Church & the governement thereof by Archbishops & Bishops: & to punish such as presume to violat, contemne, & disobey the Ecclesiastick authority. 4. That which doth put the matter yet more out of doubt, is the Basis or ground on which this High commission is reared up, viz. his Maj. prerogative royall; in all causes, and over all persones as well Ecclesiastick as civil: Now if they looked upon this court, only as a civil court, haveing power to meddle only with civil punishments, his prerogative royall in causes civil had been a sufficient Basis for this. Therefore the expresse mentioning of his prerogative royall in causes Ecclesiastick putteth it beyond all debate, that they have proper Church power granted unto them, & so may immediatly depose & suspend, &c.
In the last place, Some may object against the arguments brought from the unlawfulnesse of Church men their taking upon them civil places; And say That though they will prove it unlawfull now for Ministers to take upon them such places; Yet they will not prove it unlawfull for any to compea… before them when instaled in those places; More then it can be unlawfull to come before a judge who possiblie hath come'… to the place, by unlawfull & indirect meanes: that is his fault, & others are not concerned therein: so here it is the prelates their fault to take upon them these places, & private persones are not so much concerned therein. Ans. There is a vaste difference, betwixt the prelates in this court, & other judges in other courts, though comeing to these places by indirect meanes; For. 1. These other courts & places of judicature are unquestionably lawfull; But the High commission is not a court so unquestionably lawfull. 2. Other courts are not affected, in the poynt of lawfulnesse or unlawfulnesse by the quality of the persones: But it is otherwise here in the High commission, the very lawfulnesse of the court is questioned upon the account of the prelats being members thereof sine quib…s non. 3. These vices or indirect meanes, used by others for attaineing of such or such a place in a judicature, are for …he most partsecrete & not clear & undeyable or obvious unto all. But that which is objected against the prelats is notour to all who read the gospell, where they are expresly discharged by, Christ to meddle in such a manner with any civil place or power. & so. 4. That which is objected against the prelates is such a thing as affecteth the very person & incapacitateth him for the place, but in the other cases instanced, these vices affect only the manner of entry, but do not incapacitate the person, a man may be one fit enough for such or such a place in a judicature as to be a judge or a justice of peace or thelike, though he use indirect meanes to come by the place; but the prelats as prelats (if so be they will be accounted Church officers) & because they are Church men, are uncapable of such a place, & therefore though it will not be unlawfull to acknowledge a judicature unquestionablie lawfull, notwithstanding of some secret corruption in the entry ofhim who is in possession ofthe place: Yet it will be unlawfull to acknowledge a judicature in it selfquestionable (at best) whether lawfull or not, when such persones are made constituent members thereof, yea & members sine quibus non, that by the expresse law of Christ are uncapable ofsuch a place: and the acknowledging of this judicature cannot but be an approveing of that corruption: Because the very acknowledging of the judicature sayeth that the persons who are constituent members thereof, are really & legally capable of the place: as the compearing before & acknowledging of a court made up of mere civil persons having power to try, ordaine, rebuke, depose or excommunicate Ministers; should be … acknowledgeing of civil persons, their having Church power, contrare to the lawes of the gospell. Therefore the arguments brought from the unlawfulnesse of Church men taking upon them civil places, are still in force.
By those particulars, It is abundantly clear that that high commission court, is a most sinfull court, even as to it's constitution, & how dangerous it is to compear before it, upon any account without a declinature, & how it is saifest to with draw & escape the snare that is laid there for catching of unwarry souls ere they be aware: See the learned Voetius pol. eccles. pag. 214. quaest. 2. & 216. quast. 3,