Relation of the Sufferings of Ministers in Scotland Since 1660, Section 23

Relation of the Sufferings of Ministers in Scotland Since 1660 · Section 23

p. 391SECTION XXIII.

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

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

This Covenant is not abjured in the declaration simply & in it self; but as it was sworne & explained in the year 1638. & thereafter: And so the maine ground whereupon this Covenant is cast off, is because of that explication which was then added, in which therewas mention made of some things, which were referred unto the Generall assembly, in these words [forbearing the practice of all novations already introduced in the matters of the worshipe of God, or approbation of the corruptions of the publick governement of the kirk, or civil places or power of kirkmen, till they be tryed & allowed in p. 392free generall assemblies, & in parliaments.] And then after the generall assembly had examined these particulars, & explained the true sense & meaning of the Covenant, this conclusion was added. [The article of this Covenant, which was at the first subscription referred to the determination of the generall Assembly, being determined; And thereby the five Articles of Perth, the government of the Kirk by Bishops, the civill place & power of Kirk-men—upon the reasons & grounds, contained in the Acts of the generall Assembly; declared to be unlawfull within this Kirk, we subscribe according to the determination foresaid.] Theforesaid pleader for Eaal, when he is produceing his grounds against the validity of this oath, pitcheth only upon one of these three particulars mentioned, viz. the government of the Church by Bishops, & in reference to this, he attempteth two things, in his confused discourse. 1. He would (if he could) prove, that by this oath, as it was at first conceived, Anno 1580. & 1581, & renewed Anno 1590. the governement of the Church by Bishops, was not abjured; And 2. That the Assembly Anno 1638. did wrong, in giving such a glosse & sense, as they did.

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

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

Unto which it is Ans. 1. That this is but the old answere brought on the field againe; for it was alledged by the Prelats in a pamphlet …n. 1638. emitted under the name of his Maj. p. 393commissioner (as most, if not all, which he here alledgeth is borrowed out of that pamphlet) & what answers were then given, may now suffice. Viz. That these Ministers who reasoned with the Doctors of Aberdeen, denyed indeed, that Episcopacy was expresly & specifically abjured, in the later part of the Covenant, which was the addition containeing the application unto the present times; But did never say that it was not abjured in the negative confession, or nationall Covenant: Now it was about that application & addition, that the debate arose betwixt these Ministers & the Doctors; The Doctors never refused to subscribe the negative confession, as it was called, or the Covenant drawne up Anno 1580, & 1581. for when the privy Councell did emit a declaration, enjoyning all to take the Covenant, as it was taken Anno 1580, 1581, & 1590, & 1591. as others did not, so neither would they have scrupled at the same: But they alwayes refused to subscribe to that part which was added, and one of the grounds, why they did scruple at the subscribeing of that, was this. They thought that by that addition, they should be bound expresly, directly, & specifically to abjure Episcopacy, & the ceremonies of Perth, which (as they sayd) they could not in conscience do; Because then they should not have liberty to vote freely, according to their judgments, Concerning those things, in the Generall Assembly: And unto this the Ministers answered: that the words of that addition were purposely so contrived as none might scruple upon that account; And indeed as to Prelacy the words run thus that they should forbear the approbation of the corruptions of the publick Government of the Kirk. And the reason was, because there were severall honest & well minded people in the land, who could not distinctly & clearly see, that the ceremonies, & the Government of the Church by prelats, were directly, contrary to the confession of faith, & abjured therein; But were waiting for light in those matters, from the ensueing Generall assembly, who, they knew, could give most clearnesse in the matter of fact; And could best show what was the Government of the Church, at that p. 394time when the nationall Covenant was first subscribed; And also what was the meaning of the reformers as to severall particulars in that Covenant. So then, though it be true, that by taking of the oath, or swearing that additionall explication, Anno 1638, No man was bound up from reasoning & debateing, nor from free voteing in the matter of prelacy in the nationall Assembly: Yet it will not follow that prelacy was not abjured, by the negative confession or nationall Covenant; for though the sense & meaning of the oath Anno 1581, Was not alike clear unto all, Anno 1638. Either as concerning prelacy or ceremonies: Yet the Covenant did strick against those as was afterward cleared. The Covenant hath still one sense & meaning, though such as did live fifty & eight yeers after it was first drawn up, could not alike see it & discerne it. It was but little wonder that at such a distance of time, after so many revolutions, the true sense & meaning thereof could not be so obvious unto all, As to overcome all doubts & scruples; And therefore it was prudently resolved, to suspend their approbation of those particulars, till they were tryed in free assemblies: And indeed so soon as the Assembly 1638 Did search into the businesse, & cleare the true meaning of the Covenant, according to the sense of the reformers all scruples were loosed, & the people did chearfully assent unto the Assemblies determination; For then they saw that by that Covenant, The Ceremonies of Perth Assembly, & the Government of the Church by prelats, were abjured. And it may be supposed, that this author will not be so bold as to say that ever after that assembly, wherein that businesse was cleared, any said that such as took that Covenant, were left at liberty to vote for prelacy, or for the ceremonies. So then this author bewrayeth much ignorance or maliciousnesse, or both; when he thus argueth as he doth: Let him read the answers of those Ministers in these places cited by himself, & he shall be able, if he will, to see his mistakes.

One of the grounds whereupon the Assembly 1638. did determine that Episcopacy was abjured by the Covenant which was sworne, Anno 1580. &c. was taken from these words in p. 395the Covenant his wicked hierarchy, as may be seen at the end of their act sess. 16. And to this he answereth, thus. This imports not the abjuration of the office of a Bishop, more then the office of a presbyter, or deacon, which are parts of the hierarchy, as well as Bishops; but only the abjuration of the hierarchy so far as it was the pop's; as it abjureth the five bastard sacraments, So far at he maketh them sacraments: So then the dependence of these offices on him as the head of the Church under Christ, is abjured, & also the corruption adhereing to these offices, and as they flow from him and are his, as is his blasphemous priesthood: And not the offices themselves: And therefore the office of a Bishop among protestants (Bishops being now loosed from that dependence upon the sea of Rome) is no part of the pope's hierarchy. This is the summe of his long discourse, and it may be shortly answered thus. That if the abjureing the hierarchy import the abjureing of the offices which are parts of the hierarchy, in so far as they depend on him, & are corrupted by him, then it will fully import the abjureing of prelats; Because prelats depend on him, as well in esse as in operari, & therefore they must be abjured with this wicked hierarchy. It is well known that at the Councell of Trent the Pope would not suffer it to be debated, whether Bishops were juris divini or not, & the Historian Peter Suave, addeth the reason, viz. lest if it should be determined that they were juris Divini they should not so depend upon him, as they did, & he would have them continueing to do: So that hence it is clear, that the Pope acknowledgeth that they depend upon himself alone, even in their being, & have no other ground to stand upon, & therefore when his hierarchy is abjured, they in their essence & being are abjured. It is true, if he, or any of his fraternity, had ever demonstrated out of the word of God, that Christ or his Apostles did ever institute such an officer, distinct from a preaching presbyter, as in the prelate, as may be done concerning the Presbyter &c the deacon, & as himself will readily grant; Then indeed it would follow that the abjureing of the pope's hierarchy would import no more then the abjureing of those corruptions which Attend those officers, as these which attend p. 396presbyters & deacons, as they depend on him, as the abjureing of his five bastard sacraments, importeth not the abjureing of marriage in it self being an ordinance of God, but only as it was abused by him, to be a …. But seing it is not yet proved nor undertaken, by this author, to be proved, nor was ever asserted by the reformers o… that Church, no not by Mr Craig the penner of the Covenant, That Prelats, as superiour unto, & distinct from preaching presbyters, are officers of God's appoyntment; certanely when they are abjured, they are simply abjured. So that, till he demonstratively cleare, That Christ or his Apostles did institute Bishops distinct from preaching presbyters, he must acknowledge a difference betwixt them & presbyters & deacons, as to the matter of abjureing them: And so when all those three are abjured, they cannot be abjured after one & the same manner: But the office of presbyters & deacons are abjured in respect of their abuse, that is, the abuse & corruption which adhereth to these officers, as they are made parts of the hierarchy, is abjured: But when prelats are abjured, not only is their abuse, or the corruption adhereing to them, abjured; but the very use is abjured; for the use of an officer not appoynted of Christ, is an abuse, and Prelats, as to their being, depend only on the pope.

But (sayes he) Bishops now being loosed from that dependence from the sea of Rome, & the Pope, who as head of the Church, claimed a plenitude of power over the whole Church, & made all Christian Bishops and Ministers, but as his slaves & vassels, portioning out to them such measure of jurisdiction, as he thought sit, as their stiles in this countrey imported of old. Ego N. Dei, Apostolicae sedis gratiâ Episcopus: the office of a Bishop is no part of the wicked hierarchy, Ans. This was sufficiently answered by the nationall assembly, 1638. in the forecited Act, where they said [And howbeit this hierarchy be called the antichrists hierarchy: yet it is not to distinguish betwixt the hierarchy, in the popish kirk, and any other as lawfull, but the hierarchy wherever it is, is called his, as the rest of the popish corruptions, are called his viz. Invocation of saints, canonization of saints, dedication of altars, &c. are called his, not that there is another la…full … p. 397and canonization of saints, or dedication of Altars So that the Bishops their casting off the Pope as the head of the Church, will not bring them out from among the officers, & parts of that wicked hierarchy. In so far as protestant Churches admit of prelats, in so far they are unreformed from popery, this being one … betwixt papists & protestants. It was the prelates their depending on the Pope that made the scottish reformers condemne them, as his Hierarchy, otherwise they should have condemned all the other articles of popery, only in so far as they did depend on him, & no otherwise: And so should have yeelded, that if the King, by vertue of his headshipe over the Church, should command, & enjoyn the practice of any of those articles condemned in the Covenant, they might be done in obedience unto him, if they were abjured, only as they had dependence on the Pope & came from him. But this is false, for they are condemned as being a part of a contrary religion and doctrine, damned and confuted by the word of God and Kirk of Scotland: & so, upon the same account, are the Prelats abjured, whether they depend upon an ecclesiastick Pope, or upon a civill Pope, whether they be Apostolicae sedis gratiâ Episcopi, or Iacobi, or Car ligratiâ Episcopi, they are damned & confuted by the word of God, & are not Christigratiâ Episcopi: And so are abjured as unwarranted officers in the house of God; even as ordination & marriage are degraded from being sacraments; so are they from being Church officers.

But to put a close to this second particular, it would be considered, that in the Covenant, the office of prelats is abjured, when the hierarchy is abjured, the same way that confirmation & extreme unction are abjured, when the five bastard sacraments are abjured; that is to say, both the use & the abuse is abjured; for they both want warrand in the word, & therefore ought not to be: & to maintaine either, is to maintaine false Doctrine, & poynts of Popery condemned in the word. Might not a Papist pleading for extreme unction & for orders (includeing their septem sacramentula, or inferiour orders, as their …stiarii, Le…ores, …, Ac…, …, Diaconi, Sacerdotes. (which they meane by their sacrament of order (& not mere p. 398ordination, as this author seemeth to take for their meaning) if judicious Calvin hit right, in his institutions,) say that when the Pope's five bastard Sacraments were abjured, the use & being of all these officers (there is no disput about two of them upon the matter) was not abjured; But only in so far as they were Sacraments: And extrem unction only in so far as it was a Sacrament: And what this author would reply in this case, for defence of the protestant reformers, (& though it may be, this author would swallow downe all those poynts of Popery & many more; Yet he will not have the boldnesse to say, that such officers as to their esse & being were not abjured by the reformers) the same may now be answered in the case under consideration.

But he goeth on pag. 32. & would make his reader beleeve. That King Iames the enjoyner of that Covenant did never intend the abjuration of the office of Episcopacy, & that for these reasons. 1. Mr John Craig who penned the same did but nine yeers before, viz. Jan. 12. 1571. consent at Leth, that commissioners might be appoynted, to joyne with these whom the Councell should appoynt, for setling of the policy of the Church, whereof he was one. The resolution of which meeting was that some of the most eminent Ministers should be chosen, by the chapters of the cathedrall Churches, to whom vacand Archbishopricks may be disponed, and they to have power of ordination and to exerce spirituall jurisdiction, in their severall dioecies; and at the ordination of ministers, to exact an oath of them, for acknowledging his Maj. authority, and for obedience to their ordinary, in all things lawfull: and accordingly it was done: Against which the next assembly at St Andrews, March. 1571. take no exceptions, and at the next Assembly 1572. These articles are received with a protestation, that it was only for the Interim. So then the learned penner allowed of Bishops, a few yeers before, and we see no evidence of the change of …is minde. How could he the… mean protestant Bishops in that draught.

Ans. These are pretty demonstrations to prove the foreign of a thing to say first Mr Iohn Craig was for Bishops Anno 1571. Ergo he was for Bishops Anno 1580. as if a man's minde could p. 399not change in Nine or Ten Yeers time, specially it being a time of reformation, when light was breaking up more clear dayly. But next this is a more pregnant demonstration, to say King Iames intended no such thing Anno 1580. because Mr Iohn Craig had no such intention Nine Yeers before. Is not this well argued? But to the matter: It is true there were such things concluded at that meeting, but whether, with the unanimous consent of all, or not, who can tell? But be it so, that this honest man was oversweyed with the rest, by the violence of the court, & some nobles who designed the Tulchan Bishope (a… they were called) yet it is very improbable, that he did persist in that judgment full Nine Yeers thereafter considering how much all that time the honest Ministers were setting themselves to oppose that act: For the Assembly which did meet at S. Andrews two moneths thereafter, took notice of these articles & did appoynt some of their number to examine them, so great was the exception which they took at them. And Anno 1572. there was a protestation against these innovations. & 1573. the Assembly determined, that whatever Bishops there were, they should have no more power then the former superintendents had, & censured some as the Bishops of Dunkell & Galloway: And to this same purpose were there acts made Anno 1574. And Anno 1575, the office both of Bishops & of superintendents came to be questioned, & debated, & a little thereafter they signified to the Regent, that they would not agree unto that polity condescended on at Leth, but some of their number were appoynted to draw up the second▪ book of discipline which book Anno 1577. & 1578. Was fully approved: & having proceeded thus far they caused severall of the Bishops subscribe severall articles denudeing themselves of their episcopall power. Now when the Church is at all this work▪ shall it be thought that this honest man (even supposeing he had been of that judgement, which cannot be proved) was still of a judgement contrary to the judgement of the Church: And did not all this time alter his minde, especially seing the Church did look upon him as a faithfull friend for presbyterian government, & therefore did appoynt him with other five to p. 400consult with, Mr Alexander Hay about the modell or plot of presbyteries? But it is not much matter to debate what was the penman's judgment at the time: the Covenant it self, & the words thereof are to be considered, & the meaning of the land, in taking that oath, is much to be regairded, & what that was, shall be showne by & by.

But. 2. He sayes, pag. 33. as to King Iames. It could not be his intention to put away Bishops, Because at that time Anno 1580. there was no other Government known … the Church, all ordination and jurisdiction being exercised by Bishops or superintendenss or commissioners; And these, Though the assembly quarrelled them, were reall Bishops: And would the King, by his oath abjure that Church Government which was not rejected by the Church, till Iuly 12. 1580. And in the yeer 1581. Though the King & Councell had presented the confession to the Assembly to be subscribed by them, & by the people, in their paris…es: yet that very same yeer, within six moneths thereafter, there is an act of councell confirming expressly the agreement at Leth 1571. And this act of Councell the King did openly avow in the businesse of Montgomery. Now it is not probable that the King & Councell, if they intended to abjure episcopacy by the confession, would within six moneshs confirme that agreement at Leth. Ans. 1. It hath been shown but just now, that severall yeers, before the yeer 1580, The Generall assemblies of that Church were declareing themselves against prelats, & their power, & were acting so far as lay in their power, (and that was much, considering what opposition they did meet with) for presbyterian government. 2. It is certaine that Church Government by prelats, was never approved by any of the generall assemblies, in those dayes. 3. Though before the yeer 1580. The Assembly did not formally passe an act against Episcopacy: Yet was it not equivalent when Anno 1577. & 1578. The second book of discipline, which overturneth the Government of the Church by Bishops, was approved? 4. This same act of the Generall Assembly at Dundee was before the subscribeing of the Covenant; For it was in Iuly, & the Command for subscribeing of the Covenant, came not forth till the 2 March thereafter, & that 2d. p. 401of march was said to be, Anno 1580. as well as Iuly before, because at that time, the denomination of the new yeer did not begin in Scotland, untill the 25 of March & so it is his mistake to think that the Covenant was enjoyned to be subscribed, six moneths before the Act at Dundee. 5. Whereas he sayes that, An. 1580. there was no such thing in Scotland as government by presbyteries, if he meane that that government was not setled thorow the whole Kingdom, he speaks truth; but nothing to the purpose; but if he meane, that in no part of the countrey there was any such government, he is mistaken; for at the assembly, Anno 1578. there was mention made of presbyteries, for amongst the articles which this assembly drew up, to be subscribed by those prelats, whom they had caused cite before them; this was one, viz the 6. that they should not Empire over elderships but be subject to them & the 7. was that they should not usurpe the power of presbyteries: So that there were presbyteries in the land, at that time: Yea the narrative of the 131. Act, parl. 8. King▪ Jam. 6. Anno 1584. maketh mention of sindry formes of judgments & jurisdictions, as well in spirituall a… temporall causes, entered in practice, and custome, and that dureing 24. yeers by past; & those formes of judgments & jurisdictions in spirituall causes, were assemblies Synodall, presbyteriall, & parochiall, all which were discharged by that Act: And hence it is clear that there were such judicatories in the land before the yeer, 1580. Moreover at the Assembly, 1579. there was a motion made about a generall order to be taken, for erecting of presbyteries in places where publick exercise was used, untill the policy of the Church were established by law: & it was answered that the exercise may be judged to be a presbytery. So that the Kingdom at that time was not without presbyteries: Yea their frequent nationall assemblies, shew that the Church was governed presbyterially. 6. This is certane, That there was some government of the Church sworne to, in that Covenant; for there are these word in it [That we joyne ourselves to this reformed kirk in doctrine faith, religion, and discipline, promiseing, and swearing by the great name of God, that we shall continue in the doctrine and discipline of thi… p. 402Kirk and defend the same according to our vocation and power, all the dayes of ourlife] Now, all the difficulty is to know what this government was, And it is certane, That either it was the government by presbyteries or the government by prelats. It could not be the government by prelats. 1. because that was not the government & discipline of the Kirk, but the government & discipline against which the Church had been striveing with all he… might. 2. It is not imaginable that the Ministery of the land, would swear to defend the government of the Church by prelats, all the dayes of their lives, when they were us…ing all meanes, to have the Church free of that yoke. 3. When the confession of faith was presented unto the gen. assembly to be subscribed by them, An. 1581. would they have ass…nted unto the same if thereby they had been bound to maintaine prelacy, seing at their very last meeting, they had made such an expresse▪ Act against prelats? 4. When the Laird of Caprinton, his Maj. commissioner, did presente unto the generall Assembly, the confession of faith; or nationall Covenant, he presented withall from his Maj. a plot of the severall presbyteries to be erected in the Kingdome, mentioning the presbyteriall meeting places, & designeing the severall parishes, which should belong to such & such presbyteries: As also a letter from his Maj. to the noblemen & gentlemen of the countrey, for the erection of presbyteries, consisting of Ministers & elders, & for dissolution of prelacies: may not any hence argue, after the author's manner, & say, is it any way probable, that the King & Councell, if they intended to establish prelacy by the confession of faith, would in that self same day (which is a shorter tim… then halfe a yeer) wherein …he conf…ssion was presented as subscribed by the King, & his houshold, & to be subscribed by the assemby, presente such a plot for presbyteries: thorow the whole Kingdom, &c? Let this advocat answere this if he can. It must then be an undoubted truth, That the government, sworne to in that nationall Cov…nant was presbyterian government. 7. And whereas he sayeth the King within Six moneths thereafter did stand to the agreement at Leth, & avowed it in the businesse concerning Montgomery, it will not say much, if p. 403it be considered how at that time Aubignee grew great at cou…t, & (as was shown above, Sect 1.) Obtained the superiority of Glasgow, & made a paction with Montgomery. And when the Church judicatures were examineing the carriage of this Montgomery first & last, he stirred up the King against them: & what will all this say, But that Kings had need of faithfull & constant counsellours about them, lest they be made to undoe their owne works, in a short time. There was many a change at court, & as contrary parties gote up, so was the King sweyed.

He addeth. That neither did t…e assembly or any Minister speak of that deed of the King's & …, as contrary t… … Covenant (albeit in these dayes they …ad a way of useing liberty enough, & more then was fitting.) Ans. It would …come this gentleman to speak spareingly or these zealous & stedf…st worthies, who lived in those dayes, & whose name for th…ir piety, constancy & zeal, shall smell most fragrantly, when his may be rotting above the ground. It is like he would suffer sin to be upon King & court, & sell his soul & conscience, by sinfull silence in a day of defection, & thus declare, himself a priest of Baal, & none of the messengers of the Lord of hosts, who should set the trumpet unto their mouth. But to the purpose. Whether the ass…mblies & Ministers, did, at that time, speak of the deed of the King, & of the Councell, as contrary to the Covenant, or not, who can tell? This is known, that both assemblies & Ministers understood, that King & court & all the land, were bound to owne presbyterian governement, by vertue of that Covenant, severall times thereafter▪ There is a letter which Mr Andrew Melvin (who no doubt knew the minde of the assemblies) wrote unto divines abroad▪ An. 1584. in which, speaking of the discipline of the Church he fayeth (as reverend Mr Petree citeth in his history Pag. 448.) And three yeers since was approved▪ sealed & confirmed, with profession of faith, subscription of hand, & religion of oath, by the King & every subject …f every state particularly. Mr Petree also sayeth Pag. 570. That An. 1604. when Mr Iohn Spottisw…d & Mr Iames law, were accused by the Synod of Lothian for p. 404overturning the discipline of the Church, & had denyed the same: The Synod did presente the con…ssion of faith to be subscribed by them, & so, in the judgment of the Synod, this confession did containe an abjuration of prelacy, & a promise of maintaining of presbyterian governement. And againe when the ministers were impannelled at L…gow for treason & sedition, for meeting at Aberdeen 1605. Mr forbes (who was one of them) had a discourse to the gentlemen who were on… the assise, & shewed that they were bound by the nationall Covenant to maintaine the discipline of the Church, & having read the same unto them, he infered th…t they should be guilty of perjury, if for fear or pleasure, they should decerne that to be treason which themselves had sworne & subscribed: & he desired the Earle of Dumbar to report unto the King, in their names, what punishement followed upon the breach of the oath made unto the Gibconites, & how it was feared that the like should follow upon his Maj. & his posterity. Yea this author himself sayeth Pag. 13. that Ministers then accounted themselves, as really bound against the allowa…ce of Episcopall governement, both by the Covenant & by the word of God, as any do judge themselves engadged against it by late bonds, whether they did mistake in this or not, we say nothing, but that they did s… judge, is out …f all question, But. 2. This author cannot with any good ground say that assemblies & Ministers did not then speak of that which King & Councell did, as contrary to the Covenant; for a negative testimony from humane history is the weakest of all arguments. Moreover, this is certane, that the courts of Christ both nationall, provinciall, & classicall, were, at this time, going on faithfully in their work, keeping their meetings, & censureing that perverse man Mr Montgomery who Pr…us like changed often & licked up his own vomit, notwithstanding of all the prohibitions or inhibitions they gote from his Maj. They openly protested before the King & his Councell, for the liberties of the Church, & supplicated, & exhorted his Maj. that as a chief member of the Church, he would have a chief care thereof, & they complained that he was playing the Pope, usurping both swords: all which will speak some thing equivalent p. 405unto that wich this author alledgeth they did not speak.

But in the next place, as touching the assembly 1638. their declaration of the sense of the Covenant, he hath some what to say as. 1. That it seemeth strange that any assembly should take upon them to declare, what was the sense of the Church in taking a Covenant, when few or no…e of the men were living, who took that Covenant or if living, few or none of t…em were members of that assembly 1638. as, juramentum est vinculum p…rsonale; so, no man or company of men can take upon them to define, what was the sense of dead men, in taking an oath, unlesse they can produce some authentick expresse evidence that such was their meaning in taking the oath. Ans. 1. By this argueing, the sense & meaning of a Covenant perisheth with the Covenant…rs. 2. It is true juramentum or foedus personale est vinculum personale; but there is another Covenant that is called foedus reale (of which kinde this nationall Covenant was) & the vinculum of this, is more then personale, it obligeth moe then such as did personally take it. 3. Therefore this Covenant being a nationall reall Covenant, obligeing the land in all time coming, posterity is called to search & to see very exactly & narrowly into the sense & meaning of the Covenant, they are obliged to know the nature of that Covenant by which themselves stand bound before God. 4. Who is more fit to give the sense of the Church in taking a Coven…nt, then a Generall assembly of the Church? 5. It was shown before, what was the constant judgement of the honest Ministers concerning the sense of this Covenant, even in the time when prelats were heighly advanced, out of this same author; & so the true sense of the nationall Covenant, hath come down from father to son, amongst the honest partie, even in the most corrupt times: & then, the Assembly at Glasgow was so much the more in tuto. 6. The Assembly at Glasgow did produce authentick expresse evidences, that such was the meaning & sense of those, who first entered into Covenant.

To this, he is pleased to say. That all that which they produced p. 406amounts to nothing more then this, that before; Iuly 1580. The Church had been labouring against Bishops, who notwithstanding countinued till thereafter, but all their citations prove not that Episcopacy was abjured by the Covenant or any words in it. Ans. 1. This is certaine, that in that Covenant, some Government or discipline was sworne to be continued in, & defended, as the expre…e words, before cited, do shew. 2. It is certane, that this discipline or government of the Church, was either prelacy, or presbyterian Government (there not being a third competitour) & if it was prelacy, presbyterian governement, was abjured, & if it was presbyterian governement, then prelacy was abjured. 3. It is certane, that if it were once cleared, what that governement was, which the Church of Scotland, in & about that time, did owne, as the only governement of the Church, it would soon be cleared what that governement was, which by this covenant they were bound to owne & to continue in; & consequently what governement was abjured thereby. Therefore all the difficulty is to know what that government was, which the Church did owne; & yet there is no difficulty here, for it is as clear, as the sun at noonday, that it was Church governement by presbyteries, Synods, & assemblies, which they, both before, at, & after that time did owne & defend, till it was violently taken away: And if the citations of the assembly 1638, will amount to this, they will sufficiently declare that Episcopacy was abjured, at that time: And whether their citations shall do so or not, the indifferent reader may judge, when he hath considered & laid together these two & twenty particulars, into which, the citations shall be branched forth. 1. When the Church had been wre… ing & could not prevaile against Bishops, from the yeer 1571 unto the yeer 1575, & being continually wearied with complaints given in against them, they entered at last into a search of the office it self, & did agree in this, that the name Bishop was common to every one, who had a particular flock, to which he preached & administrated the sacraments; & so it could not designe a distinct officer. 2. Anno 1576. the assembly did censure such prelats, as had not betaken themselves to some p. 407particular flocks. 3. In the assembly 1578 the second book of discipline was unanimously agreed upon. 4, At another assembly, that same yeer, the moderator told Montrose, Chanceler Seaton, & Lindsay. That they had drawn up, out of the pure fountaine of God's word such a discipline as was meet to remaine in this kirk. 5. At that same assembly, it was ordained that such as were called Bishops, should be content to be pastours of one flock; should usurp no criminall jurisdiction; should not vote in Parliament without a commission from the kirk; should not Empire over their particular elderships; & should not usurpe the power of presbyteries. 6. An. 1579 The assembly judgeth that every meeting for exercise might be accounted a presbytery. 7. An. 1580. after deliberation, it was found that the office of prelats was pretended, & had no warrand in the word: And they ordained that such should dimit, & Leave the samine, as an office, unto which they were not called of God, & this was before (as was said above,) the subscription of the Covenant. 8. The same assembly sendeth some commissioners to his Maj. desireing that the book of policy might be established by an Act of Councell, untill the meeting of a Parliament. 9. In the assembly 1581. At Glasgow the Act of the former assembly at Dundee was explained, & i… was showne that thereby the Church did condemne the whole state of Bishops, as they were then in Scotland. 10. At this assembly the confession of faith was presented, & the plot of presbyteries, with the King's letter to the noblemen & gentlemen of the countrey, for furthering the erection of presbyteries: & thus at the very presenting of the confession to the assembly, to be subscribed, the King & the assembly agree in one judgement, as to the governement of the Church, viz. That it should be presbyteriall, & according to this harmonious desire, presbyteries were erected in severall places. 11. In that same assembly, The second book of discipline was insert in the registres of the Church, & immediatly after, the Covenant was insert; That all posterity might see that the governement, which they swore to maintaine & owne in the confession or Covenant, was the same which was p. 408contained in the book of discipline, & thus that book of discipline & the confession or Covenant did harmoniously accord, 12. Anno 1581. The assembly would not suffer Mr Montgomery Minister at Sterlin to become bishop of Glasgow, but commanded him to waire on his Ministery at Sterlin under the paine of excommunication. 13. In the same assembly, it was acknowledged that the Estate of Bishops was condemned by the kirk, a commission for erecting of moe presbyteries, was granted, and a new ordinance made for subscribeing the Covenant; can any man now doubt, what that government was which the Church in those dayes owned by that Covenant? 14. Anno 1582. a new commission was granted, for erecting of moe presbyteries, & Mr Montgomery for usurping the place of a bishop, was ordained to be excommunicated; for presbytery & prelacy are incompatible. 15, In another assembly that same yeer, commission was given to some presbyteries to try & censure such as were called bishops, and some were sent unto the Councill to desire their approbation of an Act, for establishing of presbyteries, Synods & assemblies; did the Church incline any thing to prelacy then? 16. Anno 1586. It was determined at an assembly that there are no other Church officers set down in the scripture, beside Pastors, Doctors; Elders & Deacons that should be in the Church now. 17. Anno 1587. It was ordained at an Assembly, that the admission of Mr Montgomery, suppose but to the temporality of the bishoprick of Glasgow, should be annulled with all possible diligence, that slander might be removed from the Church. 18. In the same Assembly, there was a letter drawn up unto his Maj. shewing that they found the office of bishops not agreable to the word of God, but damned in diverse assemblies, 19. Anno 1590. when the confession or Covenant was subscribed universally of new, the assembly desired a ratification of the liberties of the Kirk, in her jurisdiction & discipline in presbyteries, Synods, and generall assemblies. 20. It was ordained also, that all intrants should subscribe the book of discipline, especially the heads controverted, & also all who were presently in office, under the paine of excommunication. 21. In the assembly, 1591. the forementioned p. 409Act was renewed. 22. Anno 1592. commissioners were sent to attend the Parliament, & to desire a rescindeing of the Acts of Parliament, Anno 1584. made in prejudice of of the Church, & a ratifying of the discipline of the Church, both which were granted: now the reader may judge from these particulars, what was the sense of the Church of Scotland, at that time, of the confession or Covenant; & whether these citations amount to any thing or not; And whether or not, this author had any reason to slight, & undervalue, so far as he doth, the paines taken by that reverend Assembly▪ to cleare the oath, according to the sense of those who first took it.

But he addeth That Episcopacy was not accounted unlawfull, even in the judgment of the assembly of the Church, within Six yeers after, where it was declared. That the name bishop, hath a speciall charge & function thereto annexed, by the word of God; and that such may be admitted to a benefi…e Ans. It is true, Anno 1586. there was a conference drawn on at Haly rude house by the King, betwixt some Ministers, & some whom he did commissionat, which did conclude that the Bishop should have a care of one flock; That he should have some choise brethren added, without whose counsell he should do nothing, under the paine of deposition. That his doctrine should be examined by the meeting, & if it were sound unsound, he should lose his place. That his power should only be the power of order & not of jurisdiction. That withall, he should have insp…ction over moe parishes, & that every Minister who was to enter, should have his approbation, & the approbation of those Ministers who were to be joyned with him, &c. But when the assembly did meet in May thereafter, these were not assented unto. But it was only concluded That the, bishop, being a pastour, as other ordinary Ministers, should be tryed by the presbytery & Synod, in matter of doctrine & conversation; And be subject unto the Generall assemblies: & when the commissioners, who were sent from his Maj. did hear of this, they dissented, & protested, that nothing concluded should stand in force; seing th…y had passed from the Articles. And this occasioned a …w conference, p. 410where that was concluded which this author mentioneth, & withall they did proceed to set down the order of the presbyteries: Now, lest any should stumble at this change in the Assembly, let it be considered, That two yeers before this, there was a strange change at court; for Arran ruled all, nobles were banished & ministers were forced to flee, others imprisoned, & then the Prelats got up their heads, Montgomerie was made Bishop of Glasgow, & one Mr Adamsone made Bishop of Saint Andrews: And Ministers were compelled to promise, under their subscription, obedience unto them, & to consent unto many other acts of iniquity, under the paine of banishment, confinement, imprisonm…nt, deposition, & sequestration of stipends, & this course continued till near the end of the year 1585. When the exiled nobles returned, though a new Parliament was called, the King would not repeale any act, which was made in prejudice of the Church, the yeer before; Yet at length he professed some desires to have the Church settled & called for that conference at Halirudhouse. Now what wonder was it, that when all was overturned, & Prelats established by Parl. in their full power, that the Church should take little ere she wanted all, & should condescend to some things, of purpose to get the power of prelats hemmed in, hopeing when this furious tempest was fully blowne over, that she should be in a better capacity to promove her work; And withall it may be seen, that she holdeth as much as she can & mindeth the work of the presbyteries, notwithstanding of the lawes of th… land, as yet unrepealed, standing against her. So that, hence it appeareth, that they never once thought of retracting the act at Dundee (as he would make his reader beleeve.). And it would be considered likewise, that at this Assembly there were severall of these Ministers present, who Anno 1584. had subscribed unto the prelats: And further it is considerable, That for as great a length as they went: Yet Sess. 6. They declared that there were only these Church officers, Pastors, Doctors, Elders, & Deacons; And that the name Bishop should not be taken as in the time of popery, but is a name common to all pastours: and Sess. 10. & 11. They declared p. 411that by a Bishop they meane only such as the Apostle doth describe.

The last thing which he sayeth is this. No Assembly can pu… an obligation upon persons who have taken an oath personally, to accept of the sense which they put upon it. It is true the assembly at Glasgow could declare their sense of the oath taken by themselves, but could not impose their sense upon the takers of the oath before, that sense not hav…g been given to the takers of the oath by the imposers of the same, & …e takers of the oath not having impowered these commissioners at Glasgow to declare their sense of that oath they had taken. So then whatever was done … Glasgow, after the Covenant was taken by the body of the land, could not oblige all the takers of it, to owne their declaration of the sense of the Covenant, which was not at first imposeing the oath, declared unto them. To let passe his bitter refl…ctions, not worth the transcribeing, upon that venerable assembly at Glasgow 1638. The like where of would make him & all his fraternity to tremble. Ans. 1. The Assembly at Glasgow did impose no sense of theirs, upon any man, either who took the Covenant before, or thereafter; only because to them, as the representative of the Church, the publick & judiciall interpretation of the Covenant or confession of …aith, did properly belong, they made search after the true sense & meaning of the oath, & did declare & make it appear to all, by undenyable arguments (as hath been showne)▪ that they had found out the true sense & meaning thereof, & what was the sense of the Church of Scotland when it was first imposed: And was there any wrong here? 2. Such as had renewed that Covenant at that time, & had taken it with the explicatory addition, did swear to forbear the approbation of Church Government by prelats, untill the Generall Assembly should try whether that Government was abjured by the Covenant or not: And was not that a sufficient impowering of the Assembly, to declare the true sense thereof? But what would this author gather from all thi…? He concludeth that, Whatever the Assembly at Glasgow did after the Covenant was taken by the body of the land, could not oblige all the takers thereof, to owne their declaration of the sense of the Covenan…, p. 412Ans. Though their deed could not oblige the body of the land to owne their sense, yet the Covenant it self did oblige them, & the body of the land did then see themselves obliged, by the declaration of the true sense of the Covenant, which they gave: And what necessity was there for more? The Assembly never offered to give a sense of their own, which had not been heard of before; For that had been intolerable, but according to their place & duty, they, for the good of theland & satisfaction of the Covenanters, search, out of the …hentick records of the Church, what was the sense & meaning of the Church, at that time, when the Covenant was first taken, which every privat person could not be so able to do, & which necessity did require to be done; because of severall doubts which were raised there about.

He addeth, & the body of the land hath not indeed abjured Episcopacy by that nationall Covenant. Neither the Covenant nor added interpretation, doth import any such thing. Ans. This is a strange thing: how can this be seing the body of the people of the land, took that Covenant, by which (when first taken by the body of the land) prelacy was abjured? It is true, some who took the Covenant then, being unclear in a matter of fact (which had been done some fifty or sixty yeers before, & in trying & searching out of which, there was some difficulty) whereby one article was unclear to them, at that time, could not think that prelacy was undoubtedly abjured: Yet others did, & those same who at first did doubt, received light by the assemblies declaration, & then saw, that by the Covenant, when first taken by the Church, prelacy was abjured: And that by their taking of the Covenant, according to its true, genuine, native, & first sense now discovered & made plaine (though before, as to this particular, unclear) they had also abjured the same governement of the Church by prelats. 2. How the Covenant it self importeth the abjuration of prelacy, hath been showne above, & the added interpretation needed not import any such thing.

Next he sayes Nor hath the body of the people of the land, by any after deeds, owned that assemblies senseing of the Covenant. Ans. p. 413Neither was it necessary that they should do so; seing by taking of it, they did owne it in its true sense, & the Assembly did no more but declare which was its true sense, against which when declared, the body of the land did not protest, & therefore by their silence, did sufficiently declare their owneing of that sense as the only true sense. And further the after Actings of the body of the land, in prosecuteing the ends of that Covenant, did abundantly shew their owneing of that sense, & of none else.

Nor (sayeth he) was there any Act of that assembly ordaineing that all should owne their determination of the sense thereof. Ans. And that, because there was no necessity for such an Act, their clearing of the true meaning of the oath, & shewing how it could be understood in no other sense, was sufficient. All such as took the Covenant, by a native undenyable consequence, be…oved to take it, in this sense, & to owne the assemblies determination; because they behoved to take it, in its owne sense, & the assembly did no more but shew what that was. 2. There is an Act enjoyning all, in time coming (for avoiding any further doubt or disput) to take it according to their determination, in the poynts then debated. And an other Act discharging any to take it, in any other sense. True (sayes he) but few did so & if any did so they are to consider whether they have been too rashly carryed on, in the current of that time, without … just examination of matters. Ans. whether there were few or many that did so, all is one, since he thinketh it rashnesse in any to do it. But why was it rashness to take a Covenant, & a lawfull Covenant, in its true sense? Can this be an Act of rashness, o… is it, not rather an Act of wisdome & deliberation? But moreover was it rashness to obey an Act of Councell made A…st. 3. 1…39 Conc…ng … is: & an Act of a generall ass…bly having the comfort of, & civill …arction add… by his Maj. c…missioner? Agust. 17. 1639. sure, he will not be able to make this good.

Thus, is all which this a…or doth al…dge against the obligeing force of the nationall Covenant answered. And now the reader may judge whether or not by vertue of that Covenant p. 414which was imposed by lawfull authority, both by Church & state; & against which no exceptions of any force can be brought; the whole land standeth obliged against the governement of the Church by prelats: And whether there can be any clear ground or warrand, for abjureing of that Covenant, taken from any deed of the Assembly 1638, seing that assembly did nothing but cleare up the true sense & meaning of the Covenant, out of the authentick records of the Church, & their sense was approved by his Maj. commissioner & by an act of the privy Councell. And then An. 1640, all this was confirmed & ratified by Act of Parliament: So that it must be the height of impiety, to subscribe a declaration for abjuration of this Covenant.

Now may the world wonder at the boldnesse of men; who dar…upon such slender grounds encourage others unto such horrid Acts of iniquity, at the hearing of which, heathens may stand astonished.

Yea, which is yet more wonderfull, it was publickly debated & concluded in Parliament. That no Covenant or promise made by the King to his subjects in the time of a civil warre is obligeing, but that so soon ever as occasion is offered he is at liberty to break the same (though even Grot… connot but say de jur. bel. & Pac. Lib. 2: c. 14, §, 6. that from a promise or a Covenant made by a King unto his subjects there ariseth a true & proper obligation, which giveth right unto the subjects.) A resolution which may make all protestants in (Europe, it may be, at least in) Germany, Fran… Piedmont, & the Low countreyes, to tremble; for all the security which they have, for their liberties, & freedome of religion in peace & quietnesse, is upon a Covenant … promise, which was made to them in a civil war. And if Neighbour princes & Kings have this principle in their head… & heart, protestants have need to be upon th… guaird; For now they may see their neck and all i… hazard, when ever any occasion is offered, & they need trust their Kings, & princes, no longer, then they see them out of a capacity to hur…. Must not those be bloody men whose p. 415hearts do thus thirst for Christian blood, who have such bloody conclusions & resolutions. No faith is to be keeped to …ereticks say papists: & no faith is to be keeped unto subjects say they. But what if this bloody resolution, which they did intend against others, shall recurre upon themselves? Reader, think not this impossible. Yea by this resolution they have laid down that ground, which in end, may prove the most destructive conclusion to the throne, that ever was hatched out of hell; for let it be but supponed (& what hath been, may be againe, & is not impossible) that there were a civill warre betwixt King & subjects, how shall it end? For now they shall never once come to a treaty, no Covenant, no agreement, no promise will ever be heard of, because there is no security in those, by their own confession: the war then must never end, till the one party do utterly destroy the other; & if the King shall utterly destroy his subjects, where shall his Kingdom be? And what glorious advantage will he have in that victory; And if the people prevail (& the manifold bypast experiences thorow the world hath made this appear to be the most probable of the two), & root out the King & all his posterity, & so overturn the throne. Let the world judge, who is most to be blamed. The Dutchesse of Parma gave such an answer at the first unto the nobles of the Netherlands when they desired her to minde her promise; That she was not bound to do so, further then shee saw it for he… advantage, & the world now seeth, where & how that warre ended. Euchan: recordeth in his annalls, lib. 16. That when Alex: Earle of Glencarne & Hugh Campbel sheriff of Aire were sent unto the Queen regent, in name of the congregation, to deprecat her anger that was going out against them, & among other things they requeested her to minde her promises: But she answered [That princes should performe their promises no further then they see it for their own advantage.] Unto which they replyed, that if so, They would passe from their alleagiance & obedience, & acknowledge her no more for Queen. It was such a thing as this, which did animate the congregation, to with stand the Queen regent & the fenches; because (as sayeth … ▪ …) they had to fight with an …iable & cruel adversary, p. 416which made light of all equity, right, law, promises, faith & oaths, so that upon every small gale of hope of advantage, they annull both their words & their deeds, & therefore there is no agreement to be made with them, nor no peace, till one of the parties be quite destroyed & overthrown, or else all the strangers be put out of the land: So that they must resolve either to overcome, or to die. And hence it was that a little, thereafter, when there was a treaty, there could be no peace concluded, because the reformed congregation, being so often deceived, could not beleeve their promises any more.