The History of the Indulgence, Part 1 · Letter – Floating text 6

The History of the Indulgence · Part 1 · Letter – Floating text 6

p. 4CHARLES REX.

Right Trustee &c. Wee Greet You well.

Whereas by the Act of Councel and Proclamation at Glasgow in the Yeer 1662. a Considerable number of Ministers were at once turned out, and so debarred from preaching of the Gospel, and exercise of the Ministerie; we are graciously pleased to authorize you, our Privie Councel, to appoint so many of the outted Ministers, as have lived peacably and orderly in the places, where they have resided, to returne to preach and exercise othe… functions of the Ministery, in the Paroch Churches, where they formerly served, (provided they be vacant) & to allow Patrons to present to other vacant Churches, such others of them, as you shall approve. And that such of these Ministers, as shall take Collation from the Bishop of the Diocie, and keep Presbyteries and Synods, may be warranted to lift their stipends, as other Ministers of the Kingdom. But for such, as are not, or shall not be collated by the Bishop, that they have no warrand to meddle with the vacant Stipend, but only to possesse the Manse and Gleib; and that you appoint a Collector for these and all other vacant stipends, who shall issue the same, and pay yeerly maintenance to the saids not collated Ministers, as you shall see fit to appoint.

That all who are restored, or allowed to exercise the Ministrie, be in our Name & by our Authoritie enjoined, to constitute and keep Kirk-Sessions, to keep Presbyteries and Synods, as was done by all Ministers before 1638. And that such of them, as shall not obey our Commands in keeping Presbyteries, be confined within the bounds of the Paroches, where they preach, aye and while they give assurance to keep Presbyteries for the future.

That all, who shall be allowed to preach, be strickly enjoined, not to admit any of their Neighbour or other Paroches unto their Communions, nor Baptize their Children, nor marry any of them, without the allowance of the Minister of the Paroch, to which they belong, unless it be vacant for the time. And if it be found upon complaint made by any Presbytery to you, our Privie Councel, that the people of the Neighbour, or other Paroches, resort to their Preachings, and deserte their own Paroch Churches, that according to the degree of the offence and disorder, you silence the Minister, who countenances the same, for shorter or longer time, or altogether turne out, as you see cause. And upon complaint made and verified of any seditious discourse or expressions in the Pulpit, or else where, uttered by any of these Ministers, you are immediatly to turn them out, and further punish them according to Law, and the degree of the offence.

That such of the outted Ministers, who live peacablie and orderly, and are not reentered, or presented as aforesaid, have allowed to them foure hundereth merks Scots, Yeerly, out of the vacant Churches, for their maintenance, till they be provided of Churches. And that even such, who shall give assurance to live so, for the future, be allowed the same yeerly maintenance.

And seing we have by these orders, taken away all pretences for Conventicles, p. 5and provided for the want of such as are, & will be peacable: If any shall be found hereafter to preach without Authoritie, or keep Conventicles, our express pleasure is, That you proceed with all severity against the Preachers and Hearers, as seditous Persons, and contemners of our Authority. So leaving the Managment of these disorders to your prudence, and recommending them to your care, we bid you farewell.

Given at our Court, at Whitehall the Seventh day of Iuny 1669. & of our Reigne the 21. Yeer, by his Majest: Command LAUDERDAIL.

Ere we proceed, it will not be amiss to set down here some few most obvious remarks, to the end, we may come to understand better the nature, and true import of this Indulgen…e, where of this Letter is the ground and Basis. And

1. We see it is said, That by the Act of Council, and Proclamation at Glasgow An. 1662. a considerable number of Ministers were at once turned out; and so (N.B.) debarred from preaching of the Gospel and exercise of the Ministrie. Whence we cannot but observe, That those Ministers, who were by that Act at Glasgow banished from their Paroch-Churches, were not only debarred and hindered from preaching of the Gospel, and Exercise of their Ministrie, in their own Congregations (which could not but follow by an inevitable consequence) But in the sense and meaning of the Court, they were by vertue of that sentence debarred from, and incapacitated for preaching of the Gospel, and the Exercise of the Ministrie, any where; and so according to the meaning of the Civil Magistrate, emitting this Edict, these Ministers were simpliciter deposed from their Ministrie, and looked upon as men, having no longer power or warrand, before God or Man, to preach the Gospel, or dispense Ordinances, as Ministers thereof. Whence it followeth, that the Indulgence (as it is called) is a full and formal opening of their mouth againe; & (as to some) a Reponing of them, according to the meaning of the Indulgers; who doubtless will not say, (What ever the plain Language of their Practice be) that they have power to countermand what God hath commanded, or to discharge such, from serving Christ in the Ministrie, as he hath strickly enjoined, and that upon all highest peril, to serve him so; but they think, they have power from God, to silence Ministers from preaching when they will; and againe to open their mouthes, and grant them liberty to Exercise the Ministrie, as they see good; and that the Lord Authorizeth what they do; and so, they do but what Church-Judicatories were in use to do formerly, or Prelates yet do, as to such, who are under them.

Here then being a Full, Formal, and judicial Power, granted to such, as were, in the Courts Iudgement, put from their Office, deprived of and debarred from the libertie of exercising the same, or any part thereof, to re-enter into the full and free Exercise of the same; it appeareth to me to be undeniable, That the accepters of this Indulgence have, upon the matter, assented unto this grievous incroachment upon the Priuileges of the Church of Christ. Our Church never thought it competent to the Civil Magistrat, to depose Ministers from their Office, or to suspend them from the Exercise thereof. Let the Second Book of Discipline be viewed; Let the CXI. Propositions be considered; Let the Propositions for Government be looked upon; Let our first or Second Confession of faith, or the late Confession, drawn up at West-Minster be pondered; Let the writtings of our worthies Mr Rutherfoord, and p. 6Mr. Gillispy be read; Yea, let all our publick proceedings, and the whole tenor of the pub…ick actings of our Church be remembered, and it will be seen, that the granting of this unto the Magistrate is point-blank contrary unto all these; Yea, & to all the writtings of the Orthodox Anti-Arminian Anti-Erastian Divines.

But I know it will be said. That the Receivers of the Indulgence cannot helpe what the Magistrate saith; they know what themselves think; and as they did not look upon themselves as deposed, when banished from their own Parishes, as appeared by their preaching else where after that sentence; so they grant no such power now unto the Magistrate: Yea, when some of the Indulged were some yeers thereafter called before the Councel, it was said roundly by their Mouth, That they had received their Ministrie from Iesus Christ. But I answere, (1.) Though the Indulged could not cause the Magistrate speak otherwise, than he would; yet they were Masters of themselves, and of their own actions; and they had liberty to do and speak that, which before the world might testifie and declare, that they did not assent unto that assuming of Church power, but on the contrary did dissent there from, and protest against it, as a sinful Usurpation and Incroachment. What publick Protestation was, I pray, given in against this, first or last? What Plaine and Positive Testimonie was borne unto the Doctrine & Practice of our Church, in this point, which many of our forebearers did owne unto Banishment and Bloud? (2.) As for that, which was said by the mouth of some of them, (of which more afterward) it was but a poor salvo, in the case; bec…use no man breathing, neither Magistrate, nor Church-Judicatory, can properly give the Ministerie; that being proper to Christ Jesus alone: Men only can Instrumentally and Ministerially convey & apply the power, which is of Christ, unto such or such a Person: now I suppose these Brethren, who spoke so by their mouth, did not think or meane, that they had their Ministrie from Christ immediatly, without the intervention of an instrumental and ministerial cause: So that notwithstanding of this, by their practice they might and did declare, that the Civil Magistrat was the Instrumental and Ministerial cause, lawfully Authorized to repone them to their Ministrie; that is, that all that power of Deposeing & Reponing of Ministers, which by our Reformed Doctrine, Discipline and Practice, hath been asserted to agree only to Church-Officers and Church-Judicatories, is competent to the Civil Magistrate, as such (3.) Further it may be noticed, that a Minister once deposed, or suspended, and now reponed by a lawful Presbytery, might say the same, to wit. That he receiveth his Ministrie from Iesus Christ, with full Prescriptions from him &c. Without the least questioning of the lawful Ministerial and Instrumental power of the Presbyterie, in that affaire: So that it is manifest, that this could not salve them from a real acknowledging the Council upon the matter, to have the Ministerial power of Deposing and Reponing of Ministers; and that, de jure. (4.) Itis true, thei… preaching else where, after their Banishment from their own Congregations, will say, that in so far, they did not acknowledge themselves deposed from the function; yet it will not help much; for their by past faithful deportment will not lessen their fainte at this time, but rather aggravat their cedeing, or their silence, at the accepting of this Indulgence, springing forth of such a fountaine. Their by past honest carriage (I speak here upon supposition, that they did sedulously preach elsewhere, when thrust from their own Charges; though I apprehend, it will be found p. 7true, but of a few of them) should have prompted them now to a plaine declaration of their adherence to their former Principles, and of their abhorrence of such gross and Palpable Invasions upon, and Usurpation of the power, which Christ hath granted only to his Church.

2. We may remarke, that it is said, We are graciously pleased to authorize you, our Privie Councel (N.B.) to appoint so many of them &c. and againe, as you shall approve of. Whence it is obvious (1.) That all the power, which the Privie Councel had, was from the King; and consequently, that they go no greater length, than the Kings Letter did allow; and that their Actings could not justle with, or cross the Scope, Intent and Designe of his Maj. Letter; but fully comply therewith in all points, and in all its Designes. So that, when any doubt ariseth anent what the Councel did, we must, for obtaining of Satisfaction and Clearness, have our recourse to this primum mobile, the Spring and Principle of this Motion, and the Ground and Basis of the Councels Actings: Yea we must interpret the Actings and Deed of the Councel by this Letter, which was their Cynosure, by which they were to direct their course, and their Rule and Ground of Acting. (2.) Itis obvious allo, that That power, which they are authorized to exercise, is a Power to appoint such and such Persons, as they think meet, and shall approve of, to go to such and such places. It was not then a Command given, or a power granted to recal the Act of Glasgow, whereby the Ministers were banished from their Charges; but a power to meddle with pure Church-matters, and that immediatly; that is, to judge and cognosce of the Qualifications of Ministers; and so to approve or not approve of them; and a powe… of installing such as they approved of, in such places, as they shall think meet, and none else. These things are plaine. And it is manifest, that there is herein a Plaine, Clear, Palpable and Gross Incroachment on the Liberties of the Church, and on the Power granted to her of the Lord Christ Jesus, as no man will deny, who is not a stranger to the Word of God, and to the Principles of Presbyterian Government, and to all the Acts and Actings of our Church from the very first Reformation from Popery. Wherefore, seing it is known, that in this case, qui tacet consentire videtur, he who is silent, is construed to consent: And it hath been alwayes accounted in our Church (and is so also by the Word of God) a sinful compliance with a wicked course, not to give faithful, free and timeous Testimonie against the same; it is undeniable, that these indulged Persons, accepting this Indulgence, conveyed through such a channel, & flowing from sucha fountaine, as is already shown have not only fainted, as to their duty; but are interpretatively assenters unto this Usurpation.

3. The Qualification of those, who are to be restored to the Ministrie, is here also to be remarked, in those Words, So many of the outted Ministers, as have (N. B.) lived peacable and orderly, in the places, where thy have resided. I shall be far from saying, that Ministers should not live peacably and orderly; but we ought to consider, what is accounted, living peacably and orderly, by such as propose this Qualification: And that sure, to speake it in the smoothest of Termes, is a negative compliance with all their Tyranny, Oppression of Church and Countrey, Bloudshed, Overturning of the Work of God, Establishing iniquity by Law, Perjurie, Apostasie, Re-establishing of Perjured Prelats, and abjured Prelacie, intruding of Hirelings; Persecution of conscientious people, for not acknowledging of these Hirelings as lawful Ministers of the Gospel &c. That is to say, have been very quiet and silent, p. 8as to the bearing of faithfull witness unto the Cause of God, and the work of Reformation, according to our solemne Oaths and Covenants; and have been loath to transgres any of their iniquous Lawes; and careful to walk and carry so, in all their deportment, as not …o displease them in the least. Now I would think that this very thing should have been enough to have scarred tender conscientious persons from accepting this Indulgence. What Son of the Church of Scotland could have accepted of a favour, in the bosome of which lay this Reproach? Who could have accepted of this Indulgence, and not with all openly have thereby declared, that he was one of those peacable livers, for whom it was designed, and upon whom in special, as such, it was to be conferred? And however this peacableness and orderliness was accounted a good Qualification by the Rulers, and a satisfactory Mark unto thē of the fitness of these Persons, for receiving of their favours, and a sufficient ground of security unto them, that these Persons would not stand in the way of their further destructive progress, nor marre them in their further pernicious designes: It seemeth strange to me, that conscientious Sons of the Church of Scotland, should have suffered themselves to be looked upon, with such a special eye of favour by those Enemies, and to be distinguished from others by such a Character, as in our good times, and according to the wholsome Canons of our Church, would have exposed them unto the highest of Church Censures. Had they not then a faire occasion here, yea and a loud …all, to vindicat themselves from this Aspersion, howbeit esteemed, judged and declared the prime and indulgence-procureing Qualification by the Rulers; and to have born witness unto the Truth of God; if their desire to the offered favour, and love to that esteem with the Rulers, had not been too excessive and prevalent?

But there is another thing beside remarkable here, to wit. That here we see, the Magistrate assumeth to himself power to prescribe, to determine and to judge of the necessary Qualifications of Ministers, or of their Qualifications sine quibus non. And moreover, That the accepters of the Indulgence after this manner, did, upon the matter, and interpretativly, give their assent to, and approbation of these two things: First, That the Magistrate, as such, hath power to prescribe, to specifie and to declare what are indeed, and what he will have to be looked on as, the only Qualifications, necessarily requisite in Ministers: And next, That the Qualifications, by him here specified and expressed, are the only Qualifications necessarily requisite in Ministers: And consequently, that the Apostles and Primitive Ministers, who neither could nor would have lived so peacablie in reference to the Heathen Emperou…s, and their wicked Decrees, when no more repugnant to the Interest of Christ and of the Gospel, than the Decrees and Executions of our Rulers have been, were not rightly qualified for the Ministrie. Adde to these, That hereby they acknowledged themselves to be duely qualified after this manner, that is, to have been and yet to be such, (and that deservedly, after the Court construction) as have lived peaceablie and orderly, in the places, where they have resided.

4. There is another remark in the Letter obvious, where it is said [That such of these Ministers, (i.e. who are indulged) as shall take Collation from the Bi…hop of the Diocie, and keep Presbyteries and Synods, shall be warranted to lift up their stipends, as other Ministers of the Kingdom. But such as are not, or shall not be collated, shall have no warrand to meddle with the local stipend; but onelyonly to possesse the Manse and Gleibe and shall p. 9have such a yeerly maintainance, as the Councel shall think fit to appoint, out of the vacat stipends.] Though this, at the first view, may not seem very material, yet it will have its own weight, when we consider these things following, (1.) That the Law of God alloweth such, as serve at the Altar, to live by the Altar; and that the very ox, that treadeth out the Corn, should not be muzzled; and that the labourer should have his hire; as we see 1 Cor. 9. Gal. 6: ver. 6. 1 Tim. 5:17, 18. And that all Equity and Reason requireth, that the Benefice should follow the Office, as an accessorie and consequent thereunto. (2.) That Ministers stipends are a part of the Church-rents and Emoluments; and are as proper and due unto the Ministers of the Gospel, who serve in the place, as the Rents of any mans heritage is to him, who enjoyeth it; these being irrevocablie given away and dedicated to the Church, and the said Donation confirmed and ratified by Law. (3.) Our second Book of Discipline, approven in all points by the General Assemblie, prescribeth other Collectours of these Stipends, or of the Church Rents, than such as the King or Councel should name, and that in conformitie to the Word of God and Primitive Patern; as we see Chap. 9. Where, speaking of the Patrimonie of the Kirk, and of the Distribution thereof; and after they have told what they meane by the Patrimonie of the Kirk they have these words. To take any of this Patrimony by unlawful meanes, and convert it to the peculiar and prophane use of any person, we hold it a detestable Sacrilege before God: And then they adde: That the goods Ecclesiastick ought to be collected and distributed by the Deacons, as the Word of God appoints, that they who bear Office in the Kirk be provided for, without care or solicitude. (4.) That there is an introduction here made to that, which may ever hereafter prove noxious and hurtful to the Church; even way made to the bringing of the Ministers of the Gospel under perfect slavery unto the State; for hereby we see they must be obnoxious to them, and depend upon them, not only for the quota of their stipend; but also for the actual and yeerly payment thereof; for yeerly must there an address be made unto the Councel, or to the Exchequer, by every Minister for his Stipend: though this be altered now; yet there was no appearance of it, at their accepting of the Indulgence, and several yeers after. Though this may seem but a matter of small moment; yet we think faithful Ministers should have been tender of the least thing, which might but occasion, or usher-in bondage and slaverie to that poor Church, which hath had a wrestling life, what for one thing, what for another, from the very beginning: And sagacious persons might easily have foreseen, whither such a course, as this, did tend. And if hereafter the State should lay down such a course, as that in all time coming, all the Stipends through the Land should be uplifted by general Collectours, thereto appointed by them, and given-out by these againe, to such as, and in what quantity the State shall think fit, and so make the Ministers become their slaves, and to depend upon them, as if they were their domestick Servants, and Hirelings (the inconvenience of which upon many accounts cannot but be obvious to any considerat and judicious person) whom had we to blame, as first breaking the ice in this matter? And was there not here ground enough to have refused this favour (as it is accounted) thus conveyed; and to have declared, they would choose rather to preach gratis, than any way contribute unto the laying of such an yoke upon the neck of the Church of Scotland.

Further, see we not here, that such a snare was visible before their eyes, that either they should accept of Collation from the Prelates, and so acknowledge their p. 10dependance likewise on them, and confirme these perjured Invaders, and comply with abjuted Prelacy; or otherwise become the Councel's Pensioners, which did tend to a manifest prostituting of the credite of the Ministrie, and to the obstructing, of ministerial freedom and faithfulness, in declaring the mind of God, as becometh the Ambassadours of Christ?

5. The next thing to be remarked, is the Injunctions here laid upon the Indulged, which are expressed in the Letter at some length. Which Injunctions either are Lawful, or Unlawful. If they be Lawful, Then (1.) They must obey them without any hesitation. (2.) Then they must acknowledge the conformable Clergie, as they are called, to be lawful Ministers of the Gospel. (3.) And that it is lawful to keep the Prelat's Courts and Meetings; and thus condemne themselves, for not doing so formerly. (4.) Then the people are also obliged in Conscience to owne and acknowledge these Hirelings, as lawful Ministers of the Gospel, whom they are called of God to hear and obey. But if they account these Injunctions Unlawful, how could they by their silence, and accepting of the Indulge…ce upon these termes, tacitely approve of the same? To say, That they did not positively approve thereof, is not enough: Yea, their not-disapproving thereof Openly, Plainly, Publickly and Avowedly, being so stated as they were, and circumstances considered, cannot but be accounted an Interpretative Approbation, by all Godly, Sober and Rational persons. Nor will it availe here to say, That these Instructions were not proposed condition-wayes: For the Councel, …hat are both the best Interpreters of this Letter, and of their own deed, in consequence of and in compliance with the same, tell us in their Act August 10. 1677. that the Indulgence was accepted upon condition of keeping and observing of these Instructions, in these words: For as much as the Lords of his Maj. privy Councel, did confine several outed Ministers to particular Paroches, with allowance to preach and exercise the other functions of the Ministrie within the same; and did (N.B.) deliver unto them certain Instructions to be keeped and observed, upon which they accepted the Indulgence, granted to them: And againe, after whatsoever manner these Injunctions were proposed, yet it is certaine, as we see, they were intended so. And if these Ministers had expresly told the Councel, that they would observe none of these Injunctions, because they judged the same unlawful, and themselves obliged in conscience to declare the same; shall any think, that the Councel would have granted them this Indulgence? Had not that been a direct crossing of the designe and purpose of the King and Court? How should then the people have been amused into a stupide quiescence, and asse-like couching under the burden, and blown-up with an irrational and groundless expectation of some desirable change?

It cannot, moreover, here satisfie, to say, That they undertook nothing, but resolved to do, as they found clearness; and when they were not clear to obey to subject themselves to the penalty. For the Counsel, (as we see) offering the Indulgence upon condition of observing the Injunctions, when they accepted of the benefite, offered on those termes, they could not but also embrace the termes, upon which the benefite was offered; and their accepting of the benefite was a plaine declaration of their acquiesceing in and satisfaction with the termes. And further, when they accepted of the benefite, either they accounted Obedience unto these Injunctions Lawful, or Unlawful. If they accounted it Lawful, why were they so p. 11disingenuous, as to simulate some hesitation, when they were clear and certaine? This was not the carriage of faithful, & zealous Servants of Christ. If they did account that Obedience unlawful; Why did they not declare so much; especially when their silence, at the acceptance of the benefite so offered, could not but be construed by all, to be a full satisfaction with the Conditions? did not their silence confirme the Councel of the lawfulness of the Obedience, required to these Injunctions? This looked not like the carriage of our worthie Fore-fathers, and zealous Reformers. Moreover, what in case the Councel had likewise injoined them (after the same manner of way, that they proposed the foresaid Injunctions) to preach Justification by works, The Popes Infallibility, or the Kings Headship over the Church, or some such thing? Would it have been faire in them, to have come away thanking their L L. for the favour, which was bestowed upon them, & satisfying themselves with this mental reservation, We will do as we shall be answerable, and take our hazard? Could any have justified them in this, or judged their carriage Ministerial? Might not every one have said, that they had taken up their Ministrie, in an unlawful way, not approved of God; and so had run unsent? Finally, Let me ask the Reader, if the King or a great Noble man should grant to a Person some considerable Charge or Imployment in his familie, which possible the same Person had before, but was lately thrust therefrom; and in the mean time should lay upon him some injunctions, which seemed onerous, or not very lawful; could any think, that his accepting of the Charge and Imployment, and returning thanks therefore, did not speak out most clearly his acquiesceing unto the conditions, his accepting of the Charge upon these conditions, and his tacite promise to obey these Injunctions, especially since he made no exceptions against them, when mentioned and proposed?

6. We remark further that the Letter saith, That none of these Ministers have any seditious discourses, or expressions in pulpit, or elsewhere. And what is understood here, by seditious discourses or expressions, we cannot be ignorant? But now, what Conscientious Minister can either tacitely promise such a thing, or upon the highest …eril forbear to utter such discourses? Or who can think, that any such thing can be yeelded unto, who considereth, what God requireth of Ministers, in reference to a Corrupted and Apostatized State? and what the weight of the bloud of souls is? and who hath ever read Ezek. 3: vers. 17, 18, 19, 20, 21, 22. and Chap. 33: ver, 7, 8, 9, 10. and considered, what a fearful thing it is to fall into the hands of a living God? It is true, the Councel in their act made no mention of this; for what reasons; themselves best know: Yet it is sure, that the King and Court expected that none should have the benefite of the Indulgence, but such only, of whom they had, or thought they, had all the rational security imaginable, that they should be men of other Principles, than to utter such expressions. And we may be very certaine, that the Councel, in pursuance of the ends of his Maj. Letter, made choise of such, as they accounted most peacable, and of whom they had the least fears imaginable, that they should ever utter, whether in pulpit, or out of pulpit, such seditious discourses and expressions. They took them (no doubt) to be men of a more peacable disposition, as they called it, and more wise and sober (to speak according to their dialect). But oh, what will after ages say, who shall hear of the Kings Letter, and what the Councel did in pursuance thereof; and see also that N. N. &c. without the least Testimony to the Truth, accepted of p. 12the offer, and never hear, where or when these Persons were challenged, or accused for uttering of such speeches; that is, for an honourable mentioning of the glorious work of God, so miraculously wrought and carried on; and a faithful Testifying against the unparallel'd perfidie and breach of Covenant, and against the most abominable, irreligious, inhumane and tyrannical Acts, made for establishing of this wicked Course of Defection? What (I say) will after ages say, when they compare this with the valiant and zealous deportment of our Predecessours, and of some, at least, of these same persons Anno 1648. and some yeers preceeding?

It will not be a sufficient covering for this nakedness to say, They heard nothing of that, while they received the Indulgence: For it is not unlike, but they saw or heard of the Kings Letter; and the report of such an expression therein should have made them diligent to have gote a sight of it, if it was not offered unto them: and their Mouth did clearly, in his discourse before them (as we shall hear) intimate, that they were no strangers thereunto. And suppose they had known nothing of this; yet they could not be ignorant, that this was included in their qualifications. And if they should reject all this, as importing no consent on their part; Let their practice, since the accepting of the Indulgence, say, whether or not they have regairded that, as the maine and only condition. However I think here was ground enough for them to have scrupled at the embracing of this supposed favour.

7. The next thing here to be noticed in the Letter, is the Power and Command, which the King giveth to the Councel, to silence those Ministers for a longer or shorter time, if they disobey these foresaid Injunctions; and if a complaint be verified the second time, to silence them for a longer time, or to turne them out (that is, in plaine language, to depose them simpliciter) especially if they utter any sedicious speeches. He must be very blinde, who seeth not what height of Erastianisme is here: did ever any of the Reformed Churches say, that a Magistrate, as such, could suspend and depose Ministers from their Office? Did ever King Iames assume this power unto himself? See if his Declaration, penned with his own hand, signed and delivered to the Commissioners of the Church of Scotland at Linlithgow Dec. 7. 1585. saith so much, though at this time he had gote his Supremacie in Church-matters screwed up to the highest peg, he thought attainable? Did ever any of our Confessions of Faith, or Books of Discipline, or Acts and Canons of our Church, give the power of the Keyes, the power of inflicting Church-censures upon Ministers, unto the Civil Magistrate? Did ever our Divines (for I except Court Chaplains, and Parasites, whom I account none of ours) write or say such a thing? Read what Calderwood hath said, in his Altar. Damasc. pag, 23, 24. and what worthy Mr. Rutherfoord hath said, in his Due Right of Presbyteries pag. 427. and forward; and read that elaborat Tractat of Mr G. Gillespie Aarons Rod Blossoming, and see if there be any such thing hinted there. See if the CXI. Propositions, or the Propositions for Government, mention any such thing. Now if these Indulged be not Erastian in their Principles (as I hope they are not) I cannot see, but they are Erastian in their Practices: For they, knowing that such a power was assumed by the King, and now given and granted by the King unto the Councel, whereby they were authorized to put the same in practice, and so to exercise pure and intrinsick Church-power, that is, inflict pure p. 13Church-censures, Suspend and Depose Ministers: That is, (1.) Not only not to suffer them to preach and administer Sacraments, in his Kingdom and Dominions, (which yet worthie Mr Rutherfoord will not grant, in his Due Right &c. pag. 430. upon these accounts 1. Because the King as King hath not Dominion of places, as sacred and religious, for his power in Church-matters is only cumulative, not privative; so as he cannot take away an house, dedicated to Gods service, no more than he can take away maintainance alloted by publick authority upon Hospitals, Schools, Pastors and Doctors. 2. The Apostles might preach in the Temple, though Civil Authority forbad them. 3. And all know, that he cannot hinder the exercise of the Ministrie, in any other Kingdom,) it is not this onelyonly, I say; but simplie not to preach, and administer the Sacraments. (2.) It is not only to discharge the exercise of the Ministrie (which yet Mr Rutherfoord, ubi supra pag. 431. with Calderwood take to be a degree of Suspension, which is an Ecclesiastical degree to the censure of Excommunication; and therefore the King may as well Excommunicat, and remit and retaine sins, as he can suspend:) but it is to take away the very power of Order, given instrumentally by the Church; if; with Papists and Formalists, they asserte not an indeleble Character. And (3.) It is the taking away of what he never gave; for he never ordained, nor could ordaine a Pastor, by any Law of God; that is, Ecclesiastically designe, appoint, set apart, and constitute a qualified Person to the Ministrie, by prayer and laying-on of hands; for this was alwayes done by Church-officers Act. 13: v. 3. and 14: v. 23. 1 Tim. 4:14. and 5:22. 2 Tim. 2:2. Tit. 1:5, 6, 7, 8, 9.

Doth it not hence appear, that this was a manifest Usurpation of the Power and Privilege of the Church? And what can the silence of such, as were indulged, as to this, when they accepted of the Indulgence, from such as were, in the very giving thereof, openly and avowedly declaring this their Usurpation and Incroachment, say before the world, but that they acquiesced thereunto? This matter was not hid under ground; It was plaine enough to all, who would not put out their owne eyes, that the King was assuming to himself Church-power, and was robbing the Church of her Privileges; and to make way for the full accomplishment thereof, did here command and authorize his Councel to appoint such and such Ministers, so and so qualified, to such and such places, as they thought good, with this manifest certificate, that they must expect no Church-censures to be inflicted on them, for any crime or misdemanour, they shall be charged with, and be found guilty of, but by the Civil Magistrates immediatly; not Causatively, that is, causing Church-Judicatories do it; but doing it immediatly themselves. Who then can justifie them, and their practice, in accepting so thankfully, as they did, that Indulgence, without the least word of a Testimonie against all these open and manifest Incroachments; and that at such time, when the designe of tyrannizing over the Church, in an Erastian way, was so palpable, and might be seen and known of all, who would but open their eyes?

But there is another thing, which here occurreth; We see here that these Indulged Persons, are standing immediatly under the Censure of the Civil Magistrate, not only for transgressing of the Orders, and Instructions given; but also (as must necessarily follow) for any other failing and transgression, not specified; as for example for Fornication, Sabbath-breaking and other Sins and Scandals, deserving p. 14Deposition or Suspension: For put the case, that some of them (which yet I have no cause to fear) should commit any such scandal, as did de…erve, or were usually punished by Suspension or Deposition; who shall inflict this Censure upon them, but the Councel? There is no Church-Judicatorie having power over them for that effect; and they are not under the Prelates; And we cannot think that they may commit such crimes, and continue in the Ministrie; Nor may we suppose, that they will suspend or depose themselves.

8. Moreover we must remark here, that the Councel is to take notice of their speeches in pulpit, who are indu…ged, and to punish them; yea, to turne them out immediatly, if they be found to have uttered any sedicious Discourse: By which we see, that the Councel is made the immediat formal judge of Ministers Doctrine, for under the pretext of sedicious Doctrine, they may judge and condemne the most innocent and orthodox truthes. No Anti-Erastian Divine will grant this unto the Civil Magistrate. And though it be true, that the Civil Magistrat can only and properly judge of what is truely sedicious, and can only civilly punish for such crimes: Yet our Divines never granted, that the Magistrate might in prima Instantia examine, and judge of Ministers Doctrine, when alleiged to be sedicious, or treasonable: Nor did our Church, in her pure times ever yeeld to this. Our Church-Historie tels us, that Mr. Andrew Melvine, that faithful and zealous Servant of Christ, would not answer before the King and the Councel, for his alleiged treasonable discourse in Sermon, until he had first given-in a plaine and formal Protestation; and the like was done by worthy Mr David Black upon the like occasion, and the Protestation was approven and signed by a good part of the Church of Scotland 1596. And we know also upon what ground it was, that that famous late Martyr for the Liberties of the Church, Mr Iames Guthrie, was questioned, and put to suffer: Now where was there any thing spoken by the Indulged, to bear witness to their adhering to the Church of Scotland, in this point of truth? What was said, that might declare their dissent from this piece of Encroachment? Was not their silence here, and accepting of the Indulgence, in the manner as it was accepted, without any publick Testimonie for the Church of Scotland and her Liberties, a Declaration, that they were willing that all their Doctrine should be immediatly, and in prima instantia, judged and examined by the Councel; and consequently, that our Predecessours in offering Protestations, in this case, were to be condemned, and that Mr Guthrie died as a fool?

9. We may remark a snare laid in the Letter to catch moe: for it is appointed, that such of the outted Ministers, who have lived peacably and orderly (here is a Discriminatiō made, no less scandalous to the commended, than dangerous to the rest) and are not reentered or presēted, as aforesaid, shall have allowed to them foure hundereth merks scots yeerly, &c.—And that such as will give assurance to live so for the futurē, be allowed the said yeerly maintainance: Seing it is not unknown what is properly here understood, by living peacably and orderly, any may see what a snare is laid here to catch others. But some will say, what is that to the Indulged? I think it speaketh very much to them; for had they not accepted of this Indulgence, that temptatiō had been removed from the door of others, who now, seeing them without any scruple accepting of the Indulgence offered, and granted unto them in special, only upon the account, and in consideration of their being peacable and orderly livers, are emboldēed to take that gracious p. 15gift, and accept of that Princely benevolence, upon the same account, and gape for a greater morsel, Viz. a Vacancie: And will not others, who are not fast rooted, be ready to engage, and give-in security, that they may also taste of the Kings gra…uity; and so sell their consciēce and fidelity, at as good a price as they can. And if it fall out otherwise (as I wish, and hope it shall) that none shall accept of those baits, under which the hook is so conspicuous; yet no thanks to the Indulged, who have so fairly broken the ice for them. I know, a scandal may be given, when not taken; and such, as give the scandal, are guilty before God of destroying those for whom Christ died, Rom. 14:15. And that word of our Saviour Mat. 18:6. Luk. 17:1, 2. Mark. 9:42. is very dreadful, But who so shall offendone of these little ones, which beleeve in me, it were better for him, that a mils one were hanged about his neck, and that he were drowned in the depth of the sea. I know they will say, They are far from this hazard, having done nothing, but what is du…y and necessary duty. But though I grant it an indispensible duty for Ministers to preach the Gospel, and to be instant in season and out of season: yet they might have preached without the Indulgence, as others did, and yet do; and the accepting of the Indulgence was not the only necessary opening of a door to preaching. Nor is it of simple preaching that I am here speaking; and they shall never be able to make it appear, that it is a necessary duty to do, as they have done, considering what is already said, and what shall yet further be said.

10. There is another particular in the Letter, worthie of a remark, and we shall but here name it; and that is, Tha… the councel is to allow Patrons to present to vacant Churches such Ministers, as they shall approve of. Whence it is clear, that without this consent of the Patron, which is his real or virtual Presentation, the Ministers approven of by the Councel cannot have access unto these vacāt Churches: Therefore their accepting of the Indulgence unto Vacant places, after this manner, is an approving and an establishing of the power of Patrons; whereby they did condemne all such Ministers, and possibly some of themselves, who formerly had suffered ejection, according to the Act of Glasgow, because they had no clearness to accept of this Presentation, even though the Patron would willingly have granted it, and did of his own accord offer it. Did they not hereby also condemne that laudable piece of our Reformation Anno 1649. When these Presentations were abolished, and the people restored to their liberty of Electing their own Ministers?

11. We may also take notice, That all this contrivance is not in order to reduce our Church in whole, or in part, to her former Presbyterian state and lustre, or to weaken, or in the least deface, the re-established Prelacie; but rather to confirme the same; for in the Letter, we see these Indulged are to be enjoined, in the Kings name, and by his authority, to keep Presbyteries and Synods; that is, the Prelats meetings, so called; for there was no other. As also encouragment was given unto them to take the Prelates Collation. So that this contrivance, as it was to gratifie a few, so it was to corroborat the abjured Prelats, in their possessiō of what they had obtained, as their quid mihi dabit is. And further, they were discharged to exerce any Ministerial function towards any of the neighbour Parishes, where there were Curats serving. Now all these Injunctions, being manifestly sinful and unlawful, might have sufficiently cautioned them against the receiving of a favoure, so strangely clogged with sinful conditions; or at least, prompted them to have remonstrated freely and faithfully all these evils, and plainly declared their fixed aversness from ever submitting unto these Injunctions,

p. 1612. The last particular, which I shall remark here, is the Result of all this; or that rather which is the end mainly driven at, howbeit couched in words not so manifestly expressive of a mainly designed end. The words are in the last part of the Letter. And seing we have by these orders, taken away all pretence for Conventicles, and provided for the want of such as are and will be peacable; if any shall be found hereafter to preach without authority, or keep Conventicles, our express pleasure is, that you proceed with all severity against the Preacher and Hearers, as sedicious person, and contemners of our Authority. In the by, we may here take notice, that according to the import and meaning of this letter, no Minister must preach either in or out of Conventicles, without a borrowed Authoritie from the Magistrate, otherwise they are to be looked upon, as sedicious persons, and as contemners of Authority: So that this licence or indulgence was a reall clothing of the Indulged and licensed (in the sense of the Court,) with authority to preach; as if all they had from Christ, conveyed to them by the ministrie of Church officers, according to this Appointment, had been null, and altogether insignificant. Which one thing, in my apprehension, had been enough to have scarred any, that minded to stand unto their Presbyterian, Gospel and anti-Erastian Principles, from accepting of licences of this nature, so destructive to the very being of an Ecclesiastical Ministrie, and to its dependance on & emanation from Christ Jesus, the only Head and King of his Church, and sole Fountaine of all Power and Authoritie, communicated or communicable to his Servants and Officers, as such; and so repugnant unto the methods and midses of conveyance, instituted and ordained by Christ, and practised in the primitive Church.

But the other thing, here chiefly to be noticed, is, That as we see this device of the Indulgence was batched and contrived of purpose, to beare down these Conventicles, and to give a more colourable shew of justice in persecuting the zealous Conventiclers. It is true, the Persons Indulged were not of those chiefly, who keeped Conventicles, especially in the Fields; for if so, they had not been such as lived peacably and orderly: And so, the Conventicle-Preachers were not much diminished in their number hereby; yet it was supposed, that none of those▪ who lived under the Indulged their Ministerie, would much trouble themselves to go to Conventicles, and field Meetings; wherein, in a very great part, their supposition failed not. But now; with what Conscience shall we suppose this Indulgence could be accepted, seing thereby, every one might see a further bar and restraint put upon those worthies, who jeoparded their lives in the high places of the fields in preaching of the Gospel, and were owned and contenanced of God to admiration, in the rich, yea wonderfully rich blessing of God upon their Labours, and Ministerie, dispensed by the sole Authority of Jesus Christ: yea and those of them, who were present before the Councel August 3. 1672. might have seen more cruelty breathed-out by severe orders, against those, who still followed the Lord, in Houses, in Valleyes and in Mountaines, though contrarie to the Law: For that same very day a Proclamation was issued out, commanding all Heretors timeously to declare any, who within their bounds shall take upon them to preach in such unwarranted Meetings (as they were called) and make their Names known to Sheriffs, Stewarts, Lords, and Bailiffs of the Regalities, or their Deputes, and all others in publick trust, within whose Jurisdiction they may be apprehended: And Authorizing these Sheriffs &c. to make exact search and enquirie after them, to apprehend and incarcerat their Persons, and to acquaint the Councel of their Imprisonment, p. 17And requiring the Magistrates of Brughs to detain them prisoners, till further Order; and that under the highest paine: And also declaring that they would put all Lawes, Acts and Proclamations vigorously in execution, against withdrawers from the publick worshipe, in their own Paroch-Churches? And thus was there a new fiery persecution raised, both against faithful Pastors and People. May it not be thought, that they had carried more honestly and ministerial-like, when seeing this End and Designe (which could not be hid,) if they had freely and plainely told the Councel, they could accept of no such Courtesie, unless the like were granted to all the faithful and honest zealous Ministers in the Land; or at least, had declared and protested, that what was granted unto them might be no prejudice unto the rest to preach the Gospel, and to be instant in season and out of season, wheresoever and whensoever occa…ion offered? But now, when nothing of this kind was done, did not they contribute their concurrence unto the establishing of this Midse, made use of for keeping-down of those Assemblings of the Lords people; I mean the Indulgence? And did they not hereby plainly enough condemne those Meetings, when they concurred so actively and effectually with the Councel, and the Kings designe to have the Land freed of them?

I know it will be said, That they could not procure favours to others: it was enough for them to accept of what was offered to themselves. But yet, though they were not Master of the Magistrates treasure of Indulgence, they were Master of their own deed; and I suppose, few of the Godly of the Land would have blamed them, if they had, out of tenderness to the poor perishing people, and out of respect to their suffering Brethren, told the Councel; that, as matters then stood, they could not accept of that offer, though it had been cleaner than it was, unless all their Brethren were also made partakers thereof; or at least, that the House, and Field Preachers might not be molested. This would have looked like the deed of men, respecting the publick good, and not seeking themselves, or their own ease and liberty. It would have smelled of brotherly affection, if they had said; We will rather take the same lot with our Brethren, than do any thing, how promising so ever it be of ease and quiet to ourselves, that may render their case more lamentable and grievous; and may seem in the least, à countenanceing, were it but interpretatively, of the severities used against them, or do any thing that may encourage unto more cruelty, and to the prejudging of the far greatest part of the Land, of the Gospel, now going forth with power.

If any shall say, That possiblie they did not approve of that manner of preaching themselves. I shall Returne, that possiblie it may be so, as to some of them, who were therefore looked on as most peacable and orderly; and shall adde, that certainly such must condemne Christ and his Apostles, who were the greatest of Conventicle-Preachers and almost preached no other way, wanting alwayes the Authoritie of the Supream Magistrate, and yet not waiting upon their Indulgence.

But as to all these things, deduced from the Kings Letter, it may be, the Indulged Ministers will think themselves little or nothing concerned; nor obliged to take any notice of what is there said, in regarde that the Kings Letter was not directed unto them, but unto the Councel; and it was with the Councel immediatly, and not with the King, that they had to do: And therefore are concerned only to notice what the Councel did, and said unto them, and required of them, and p. 18to notice their own carriage againe, or return unto the Councel. For answere I say. It may be so, that they shall thus think, to cheate the world and themselves, by such metaphysical abstractions, but in our actions before the Lord, and in matters of this nature, so neerly concerning the Glory of Christ, as King; and that in a day, when all things call aloud unto a Faithful, Free & Full Witnessing unto & for the truth, such abstractions are neither Christian, nor Manly. The Letter was not hid from them, nor the contents thereof unknown to them; for when they were before the Councel, (as we shall heare afterward) they by their mouth expressed their sense sufficiently of that Letter, and took the favour of the Indulgence with all humility and thankfulness, as his Majesties Royal Favour and Clemencie. Our forefathers used not to carry so, when Court-favours were pressed and urged upon them, but searched the ground and rise of these, and considered their tendencie and consequences; knowing, that favours, granted by standing and stated Enemies, could not be for advantage, but for hurt. The Spirit of zeal and faithfulness would teach us another more Moral, Plaine & Christian Deportment: But though the Indulged should be such Metaphysical Abstracters, contrare to that Spirit of wisdom and ingenuity, that should lead all Christians; yet the Councel dealt more plainely and roundly (as we shall see) and told at all occasions, and in all their Acts and Resolutions, that what they did was in pursuance of his Majesties Commands and Royal Pleasure, signified in his Letter. Finally, This abstraction, though it were yeelded to them, will not availe; for though the Kings Letter had never been seen or heard of there was enough done by the Councel and its Committee, (of which they could not be ignorant) to have resolved them, if they had not been prepossessed: It was the Committee of the Councel that Elected them, that Judged them qualified for the Exercise of the Ministrie in such and such places: It was the Councel that did Appointe, Authorize and Impower them to Exerce their Ministery: It was the Councel, that did Depose & Repose, Plant and Transplant, give Injunctions, Restrictions, and Limitations, and punish for Non-Obedience: all which will be further cleared in what followeth.

Having premised these few remarks upon the Kings Letter, as necessarie to the clearing of our way, because that was the ground of all; and having, in the by, discovered several things, to shew the sinfulness of this Indulgence; we shall now proceed to mentione more particularly what was the progress of this Business, and how this wicked Designe took effect.

The Councel appointeth a Committee to cognosce upon the matter, signified in the Kings Letter, and to condescend upon the Ministers, judged fit and qualified for such a favour, according to the minde of the King, signified and plainly expressed in his Letter; and upon the Paroches, to which they were to be ordered to go, & exercise their Ministrie: Whereupon the Councel enacteth as followeth.

Edinbr. 27. Iuly 1669.

THe Lords of his Maj. Privie Councel, in pursuance of his Majesties Commands, signified in his Letter of the 7. of Iuny last, do appoint the Persons following to preach, and Exercise the other functions of the Ministerie, at the vacant Kirks underwritten viz. Mr. Ralph Rodger, late Minister at Glasgow, to preach at the Kirk of Kilwinning, Mr George Hutcheson, late Minister in Edinburgh, at the Kirk of Irwing. p. 19Mr William Violant, late Minister at Ferrie, at Cambusnetham: Mr Robbert Miller, late Minister at Ochiltree, at the same Kirk: Mr Iohn Park, late Minister at Stanrawer, at the same Kirk: Mr William Maitland, late Minister at Whithorn, at the Kirk of Beeth: Mr Iohn Oliphant, late Minister at Stanhouse, at the same Kirk, Mr Iohn Bell, late Minister at Ardrossine, at the same Kirk: Mr Iohn Cant, late Minister at Kel…, at the same Kirk, and Mr Iohn Mc-Michen, late Minister at Dalry, at the same Kirk.

Here we see Ten were appointed to the places respectively condescended upon by the Councel; and some were appointed to preach at the Churches, out of which they had been ejected; but this was only an accidental thing, and meerly because these Churches were at that time vacant; as appeareth by Mr Iohn Park his disappointment, because the Prelate prevented his coming to the Kirk designed, which had been formerly his own, by thrusting in a Curat, notwithstanding of his pleading the benefite of the Act of Indemnity, in his own defence, against what was objected against him; and thereby acknowledged himself to have been a Traitour in all his former Actings, and that all the work of Reformation was but Rebellion: And there is no difference betwixt the appointment made to them, who returned to the places, where formerly they had preached, and that appointment, which was made to others to go to other Churches. The Councel doth not so much, as verbally signifie, the Sentence of Banishment from their own Parishes by the Act of Councel at Glasgow Anno 1662. to be now annulled, as to them, whereby they had liberty to returne to their own Charges, and follow their work; but simply enjoyneth and appointeth them to go to such a place, and there to exercise their Ministrie, as simply and plainely, as if they had never been there before: So that the appointment is one and the same, as made by the Councel, in pursuance of the Kings Letter: And all the difference, that was in their several Orders and warrands, which they received from the Councel, was in regarde of the Patrons, and of nothing else; as may be seen by the following tenors of these Acts.

Followeth the Tenor of the Acts of Indulgence, given to the several Ministers to preach, conforme to his Maj. Letter of the 7. of Iune 1669.

THe Lords of his Maj. Privie Councel, in pursuance of his Maj. Commands, signified the 7. of Iune last, do appoint Mr Ralph Rodger, late Minister at Glasgow, to preach and exercise the other functions of the Ministrie, at the Kirk of Kilwinning.

And thus did all the rest of this kinde run. The other did run thus.

For same ekle as the Kirk of . . . . . is vacant, the Lords of his Majest. Privie Councel, in persuance of his Maj. command, signified by his Letter the 7. of Iune Instant; and in regarde of the consent of the Patron, do appoint . . . late Minister at . . . . . to reach and exercise the other functions of the Ministrie at the said Kirk of . . . . .

Whereby we see, that these Orders make no difference betwixt such, as were appointed to their own former Churches, and others, who were appointed to other p. 20places, so that as to this, all of them received a new Commission, Warrand and Power to exerce their Ministrie, in the places designed, as if they had never had any relation unto these places before.

Further, it is observable here. That these Orders and Acts of the Councel have the same Use, Force and Power, that the Bishops Collation hath, as to the exercise of the Ministrie; and that the Ordinance of the Presbyteries used to have in the like cases: And therefore this is all the ministerial potestative Mission, wich they have unto the actual exercise of their Ministrie in these places. Thus wee see the Civil Magistrate arrogateth to himself that, which is purely Ecclesiastick, to wit, the Placeing and Displaceing, the Planting and Transplanting of Ministers; and giving them a Ministerial Potestative Mission, which onelyonly belongeth unto Church-Judicatories. So that these Indulged Persons may with as much right be called the Councels or Kings Curats, as others are called the Bishops Curats, whom the Prelates Collate, Place and Displace, Plant and Transplant, as they please. And wee see no regarde had unto the Judicatories of the Church, and to their power, more in the one case, than in the other; and possibly the Prelates transportings are done with some more seeming regarde unto the power of Church-Judicatories, such as they owne under them: but in this deed of the Councel, there is not so much as a shew of any deference unto any Church-Iudicatory whatsomever; nor is there any thing like it. It is obvious then, how clear and manifest the encroachement on the power of the Church is, that is here made. And because Magistrates have no such power from the Lord Jesus, and are not so much as nominally Church-Officers (as Prelats in so far are, at least) nor can act any other way, as Magistrates, than with a coactive civil power, and not ministerially under Iesus Christ; it is manifest, that the Indulged, having this Authoritie unto the present exercise of their Ministerie in such and such places, only from the Civil Magistrate acting as such, have not Power & Authority from Christ; for Christ conveyeth no Power and Authority in and by the Civil Magistrate, but by his own way, by Ministers of his own appointment, who act under him ministerially. And whether or not, they have not, in submitting to his way of conveyance of Power, and Authority to exerce their Ministrie hic & nunc, upon the matter renounced the former way, by which Power and Authority was ministerially conveyed unto them; as we use to speak of such of the Prelats Underlings, who have received Collation from him, and Power to exerce their Ministrie in such and such places, where they are now placed, though formerly they were ordained and fixed by lawful Church-Judicatories, I leave to others to judge.

But because it may be said, that in these foregoing Acts, there is no mention made of the Injunctions spoken of, in his Majest. Letter, to be given to all the Indulged Ministers; Hear what was concluded and enacted by the Councel, on that same day.

Edinb. the 27. of Iuly 1669.

THe Lords of his Majest. Prive Councel, in pursuance of his Maj. Royal pleasure, signified to them by his Letter of the 7. of Iune last▪ do in his Maj. Name and Authoritie, command and ordaine all such outted Ministers, who are, or shall be appointed or allowed to exercise the Ministrie; That they constitute and p. 21keep Kirk Sessions and Presbyteries and Sy…ods, as was done by all Ministers, before the Yeer 1638. And the Councel declares, that such of them, as shall not obey in keeping of Presbyteries, they shall be confined within the bounds of the Paroches, where they preach, aye and while they give assurance to keep the Presbyteries. And also the Councel doth strickly command and enjoine all, who shall be allowed to preach, as said is, not to admit any of their Neigbour or other Paroche unto their Communions, or Baptize their Children, nor marry any of them: without the allowance of the Minister of the paroch, to which they belong, unless that Paroch be vacant for the time; nor to countenance the people of the Neighbouring or other Paroches, in resorting to their preachings, and deserting of their own Paroch Churches. And that hereunto they give due obedience, as they will be answerable on their highest peril. And ordaines these presents to be intimate to every person, who shall by Authority foresaid be allowed the exercise of the Ministrie.

We see here, that this Act, concerning the Injunctions, was made distinct from the foregoing Act of Indulgence, and these Injunctions were not expresly included or mentioned in the Act of Indulgence: And some because of this may possibly think and say, That the accepting of the Indulgence is the more justifiable. But I am not of that mind: For this dividing of these two, which were conjoined in the Kings Letter, was either done by collusion of the Indulged, or wholly without their knowledge and consent. If the former be truth, their accepting of the Indulgence is so much the more condemnable, that it was accompanied with such unfaire dealing, devised of purpose (for no other end of this deed can be imagined) to blindfold and deceive the simple; whom possibly such a cheate might hoodwinke. If the latter be said, to wit, that the Indulged themselves were utterly ignorāt hereof though it is certaine, as was said above, they were not ignorant of the Kings Letter: Then I think, the first intimation made of these Injunctions unto them should have given such a discoverie of unfaire dealing, and of the Councels purpose and intention to have them in snared, that the credite of their Ministrie, the Conscience of their duty to God, and to the souls of people, the care of shunning all appearance of evil, the Command of God to give no offence, and other things considerable of that nature, should have compelled them unto a plaine and full Declaration of their sensibleness of this cheatrie, and of their unwillingness to accept of favoures, so clogged with snares. And if they had thus carried, they had approved themselves, (otherwise than they did) to the consciences of all Men, as lovers of upright dealing, and as such who durst not take on them the charge of souls, on such unlawful termes, nor run the errands of God, with such a Pasport.

As to the Conditions themselves, I hope, even the indulged Persons themselves, are sufficiently convinced of the iniquitie of them, when (as I hear) they have now at length laid aside the careful observance of them: But the careful and circumspect obedience yeelded unto them at the first, is standing as a witness against them unto this day, and sheweth that however now they neglect the same, because possiblie perceiving the Councel not so earnest in pressing observance, as at the first; yet so greedy were they of the bait of the Indulgence, that they cared not to swallow this hook with it, though it was an adding of griefe to such as had sorrow p. 22enough already; and had in it a condemning of such, as scrupled the hearing of the Curats, and submitting to the Ordinances of Christ, administred by them.

Before we proceed, it will be fit here to take some notice of that Discourse, which Mr H. had unto the Councel, in name of the rest, who were at that time Indulged with him; for hereby we may be helped to understand, what was their sense of the Indulgence, who did receive it; The just double of which Discourse, as it came to mine hand, I shall here set down, as followeth.

I am desired, in the name of my Brethren, here present▪ to acknowledge, in all humility and thankfulness, his Maj. Favour and Clemencie, in granting us the liberty of the publick exercise of our Ministrie, after so long a restraint from the same; and to returne here all thanks to your L L. for the care and paines, you have taken therein: And that your L L. have been pleased to make us, the unworthiest of many of our Brethren, so early partakers of the same. We have received our Ministrie from Jesus Christ, with full prescriptions from him, for regulating us therein; and must, in discharge thereof, be accountable to him And as there can be nothing more desirable, or refreshing to us on earth, than to have free liberty of the exercise of our Ministrie under the protection of lawful Authoritie, the excellent Ordinance of God, and to us ever most dear and precious; so we purpose and resolve to behave our selves, in the discharge of the Ministrie, with that wisdom and prudence, that become faithful Ministers of Jesus Christ; and to demaine ourselves towards lawful Authority, notwithstanding of our known judgment in Church-affairs, as well becometh loyal Subjects, and that from a lawful principle of Conscience. And my L L. Our prayer to God is, that the Lord would bless his Maj. in his Pers… and Government; and your L L. in the publick Administration; and … the pursuance of his Maj. mind in his Letter, wherein his singular … appears; that others of our Brethren, in due time, may be … of the liberty, which through his Maj. favour we now enjoy.

I shall not long insist in descanting on this discourse; seing it is so plaine and manifest an homologating of the Kings Letters; and consequently its iniquity is so undeniable from what was formerly remarked upon that Letter, that there is no great necessitie of many moe words to that end: only it may suffice to touch on some particulars, in a few words.

1. We see hence, That these Brethren were not ignorant of the Kings Letter and of the contents thereof, when they do here acknowledge a favour and clemencie, granted unto themselves thereby.

2. Nor were they ignorant of the scope and designe of that Letter, seing they pray, that the Lord would bless the Councel, especially in the pursuance of his Maj. minde in that Letter.

3. Nor were they Ignorant particularly of the Instructions, contained in that Letter, and which were to be given unto them: as these words, with full prescriptions from him (i.e. Christ Jesus) to regulate us therein, do clearly show; for by these words, as it would appear, they gave their L L. to understād, that it was not needful that these Instructions, or Prescriptions, contained in the Kings letter, should be laid before them.

4. Nor were they Ignorant, that what the Councel did herein, was by vertue of, p. 23and in full compliance with the designe of the King's Letter; and consequently, that the King's Letter, and the contents thereof, were the onelyonly spring and original of all this Indulgence, and of the Councels power in acting in conformity thereto, and actually granting the Indulgence; for they thank their L L. for the care and paines, they had taken therein; and they pray, that the Lord would blesse them, especially in the pursuance of his Maj. minde, in his Letter.

5. It is matter of astonishment to me, considering what is said, how they could acknowledge this for such an Act of favour and clemency; And how they could say, that in this Letter, the King's singular Moderation did eminently appear; when from what is said, and what shall hereafter be more fully held forth, it is so notoure. That the contents of this Letter did hold forth a designe of overturning all Church-Power, as exercised by Church-Persons, and of clothing the Councel with power to impose Prescriptions, to prescribe Rules and Limitations, and to order and regulate Ministers, in the exercise of their Ministrie, as also with power to Place and Displace, Plant and Transplant Ministers, without regarde had either to the previous Call of the People, or to the Mission of any Church Judicatory; and of subjecting of the Exercise of the Ministrie wholly unto their will and pleasure; not to mentione the severity breathed out, in that Letter, against the Assemblings of the Lord's people.

6. It is manifest from what is already marked, that the Indulged Brethren did owne that Letter of the Kings, as the onelyonly rise and fountaine of the favour, which they were made partakers of; and therefore did not take the Indulgence onelyonly from the Councel, but from the King principally, as the onelyonly spring thereof, conveying the same to them, through the channel and medium of the Councel, who did nothing but by vertue of that Letter, and in obedience thereunto. Whence we see, that there is no ground to abstract the stream from the fountaine, or to think that these Ministers could imagine, that they were onelyonly to notice what the Councel did, and no more; for as they neither did this, so it were unreasonable to think they could do so.

7. They acknowledged here, that as to the liberty of the publick exercise of their Ministrie, they were onelyonly beholden unto this Indulgence; for, for this cause they give thanks: And thus did tacitely grant, that there ought to be no publick Exercise of the Ministrie, without liberty granted from the Magistrate; whereby they not onelyonly condemned all these faithful Ministers, who ventured, without that liberty granted, to preach publickly, where occasion offered in houses, or in the fields; but they likewise condemned Christ and his Apostles, the greatest of Conventicle-keepers. So like-wise they do tacitely here grant, that when the Magistrate prohibiteth the publick Exercise of the Ministery, for longer or shorter time, he must not be disobeyed; whereby the Magistrate hath the power yeelded to him of Suspending and Deposeing Ministers, from the exercise of their function. It is true, Magistrates can hinder the peacable publick exercise, or free publick exercise, by outward force and constraint; but they speak not here of the freedome of peacable publick exercise, but simplie of the freedome of publick exercise of the Ministrie. Our own Church-history tels us; how famous Mr. Bruce was cast in a fever, through terrour of conscience, for promising silence but for ten dayes, though in hopes of greater liberty.

8. It is observable here; how thankful they are for partaking alone (as chosen out from their Brethren) of this favour; whileas this very act of separating them from their Brethren, should have been a sufficient ground for them to have rejected the tendered supposed favour, seeing by the accepting thereof, in this separated way, they p. 24suffered themselves to be divided from their Brethren, contrarie to their sworn Covenants: not to speak of the stigma, they received thereby.

9. They say, That they received their Ministrie from Iesus Christ. But why was it not said, as some of them (if I be not misinformed) desired, onelyonly from I. C? When this was designedly and deliberatly left out, let all the world judge, whether in this, they carried, as faithful Ministers of the Gospel, or not: for my part, I cannot but judge, that this was a manifest betraying of the cause, and a giving up of all to the Magistrate: for hereby they declared, that in their judgements, either they had their Ministrie from others, as well as from Christ; that is, from the Magistrate, as well as from Christ, and that in a co-equality and co-ordination; or else that they had it not from Christ immediatly but from men, from the Magistrates, in subordination to Christ. Now neither of these can assort with truth, and with our Principles: Not the former; for then Christ should not be sole King, but halfe, and the Magistrate should have the halfe of Christs Thron, Crown, Scepter and Glory: which were blasphemy to think. Not the latter; for Magistracy is not subordinat in a direct line unto Christ, as Mediator; nor hath Christ substitute the Magistrat, as his Vicar; nor hath he given to him, as such, a ministerial power under him, to convey ministerially (in respect of the Subjects) or with a ministerial Authority, as his Servants, what power of Mission he giveth to his Ministers; Magistrates, as such, act not ministerially, or with a ministerial Authority, in reference to their Subjects, but with a Coactive, Autocratorical and Architectonick Power and Authority. If it be said, that they reserved only to the Magistrate hereby, the power to grant the liberty of the free exercise; but they meant, that they received the Ministrie it self from Jesus Christ alone. I answere, had they spoken so, we might then have understood them so. But though they had said so, the cause had been betrayed, for if they have their Ministrie from Christ alone, they must also have the free exercise of the same from him: If Christ give the Office, he giveth the power to exercise the Office: And if they depend upon others, in reference to the Exercise, they in so far rob Christ of what is his due, & hold that of men, which they should hold of Christ alone. No man needs to say here, that by this means we take away the Power of Church-Judicatories, by whom Ministers receive both the Office, and the Power of its exercise: For what Church-Judicatories do herein, they do ministerially under Christ, and Christ by them conveyeth the Office to such and such a Person, and with the Office a power to exercise it, according to the Rules of the Gospel; and notwithstanding of this, these Officers may and must say, that they receive their Ministrie onelyonly from Christ Jesus. But this cannot be said, if the Magistrate be substitute in the place of Church-Officers, either in reference to the Office it self, or in reference to its free Exercise; because no Magistrate, as such, (as is said) acteth with a Ministerial Power, under Christ, in a right line of subordination: And therefore when they keeped out the word, onelyonly, they did plainely declare, that they held the Ministrie partly of the Magistrate. If it be said, that they would hereby onelyonly have reserved to the Magistrat, power to grant the Peacable Publick Exercise of the Ministrie. I would answere, that though they had meaned thus, yet they might safely and should have said, that they received their Ministrie only from Christ; for I cannot be said to receive my Ministrie from every one, who can hinder my peacable publick exercise thereof, otherwayes I must be said to receive it, in part, from Satan and his Instruments, who can hinder my peacable publick exercise thereof. So that, use what p. 25devices men can to cover this matter, a manifest betraying of the cause will break thorow, and a receding from received and sworn Principles will be visible.

10. They said, They had full prescriptions from Iesus Christ, to regulat them in their Ministrie. Who then can justifie them, in receiving other Prescriptions from the Magistrate, and such as Christ never made mention of in his Law; yea some where of do directly militate against Christs Prescriptions? Doth not their receiving of these Instructions or Prescriptions, which were contained in his Maj. Letter, say, that the Prescriptions of Christ were not full? But againe, seing they had not freedom to say, that they received their Ministrie from Christ alone, how could they say, that they had their full prescriptions from Christ? unless they meant, that they had them not from Christ alone. And then they must say, that they had them partly from some other, and that other m…st either be the Magistrar, or Church Officers: not Church-officers; for neither had they any call to speak of that here; nor doth Church Officers hold forth any Prescriptions, but Christs, and that in the name of Christ. If that other be the Magistrat, than it must either be meant, Collaterally, or Subordinatly to Christ: not Subordinatly, for they are not appointed of Christ for that end; nor do they, as Magistrats, act Ministerially, but Magisterially; not Collaterally, For then they should have these Prescriptions equally from the Magistrates, as from Christ; and the Magistrat should be equal and King of the Church with Christ, which is blasphemie.

More might be here noted, but what is said is enough to our purpose, at present; and what was said above needeth not be here repeated.

But now we must proceed: These fore-mentioned were not all, who were that yeer indulged: For the same supposed favour was granted to others shortly thereafter, as appeareth by these Extracts out of the Register.

Edinburgh, August 3. 1669.

THE Persons under-written were licenced to preach at the Kirks after specified viz. Mr Iohn Scot, late at Oxnam, at the same Kirk, Mr William Hammiltoun late at Glasfoord, at the Kirk of Evandale: Mr Robert Mitchel, late at Luss, at the same Kirk: Mr Iohn Gemmil, late at Symming town at the same Kirk: Mr Patrick Campbel, late at Innerary, at the same Kirk: Mr Robert Duncanson, late at Lochanside, at Kildochrennan: Mr Andrew Cameron, late at Kilsinnan, now at Lochead in Kintyre.

Edinburgh, 2. Septemb. 1669.

For as much as the Kirk of Pencaitland is now vacant, by decease of Mr Alexander Vernor, last Minister thereat; and there being some questions and legal pursuits before the Judge ordinate, concerning the right of Patronage of this Kirk: Until the decideing whereof the Kirk will be vacant, if remeed be not provided: Therefore the Lords of his Maj. Privie Councel, in pursuance of his Maj. pleasure, expressed in his Letter of the 7. of Iune last, have thought fit at this time and for this Vacancie allennerly, To appoint Mr Robert Douglas, late Minister at Edinburgh, to preach and exercise the function of the Ministrie, at the said Kirk of Pencait land. And it is hereby declared, that thir presents shall be without prejudice of the right of Patronage, according as the same shall be found and declared by the Judge ordinarie.

p. 26Edinburgh, Septemb. 2. 1669.

The Persons underwritten were licensed to preach at the Kirks after specified viz. Mr. Matthew Ramsey, late at Kilpatrick, to preach at Paisley: Mr Alexander Hammiltoun, late Min. at Dalmenie, at the same Kirk: Mr Andrew Dalrymple, late Min. at Affleck, at Dalganie: Mr Iames Fletcher, late Min. at Neuthcome, at the same Kirk: Mr Andrew Me-Claine, late Min. at Craigneis, at Kilchattan: Mr Donald Morison, late at Kilmaglais, at Ardnamurchant.

Edinburgh, Septemb. last 1669.

The Persons following were ordained to preach at the Kirks after specified; viz. Mr Iohn Stirling, at Hounam: Mr Robert Mowat at Harriot: Mr Iames Hammiltoun at Egleshame: Mr Robert Hunter at Downing: Mr Iohn Forrester at Tilliallan with Mr Andrew Reid. infirme.

Edinburgh, Decemb. 9. 1669.

Mr Alexander Blair at Galstown: Mr Iohn Primrose at Queensferrie: Mr David Brown at Craigie: Mr Iohn Craufurd at Lamingtoun with Mr Iohn Hammiltoun aged and infirme: Mr Iames Vetch at Machline.

Edinburgh, Decemb. 16. 1669.

Mr Iohn Bairdie at Paisley with Mr Matthew Ramsey infirme.

Thus we see there were this Yeer 1669. Five and Thirtie in all licensed and indulged, and ordained to preach, in the several places specified, upon the Councels Order, in pursuance of the Kings Royal pleasure. And in the following yeer, we will finde the same Order given unto and obeyed by others.

But ere we proceed, it will not be amisse, that we take notice of the first Act of Parliament, holden this yeer Novemb. 16. 1669. and consequently, before the last Six were licensed. The Act is an Act asserting his Majesties Supremacy over all Persons, and in all Causes Ecclesiastical. Whereby what was done by the Councel, in pursuance of his Majesties Pleasure, signified by his Letter, in the matter of granting these Indulgences, is upon the matter confirmed and ratified by Parliament, when His Maj. Supremacy is so ampliated and explained, as may comprehend within its verge all that Ecclesiastick Power, that was exerced, or ordained to be exerced, in the granting of the Indulgence, with its Antecedents, Concomitants and Consequences: And a sure way is laid for carrying on the same designe of the Indulgence, in all time coming.

The Act is as followeth. Nov. 16. 1669.

THE Estates of Parliament having seriously considered, how necessare it is, for the Good and Peace of the Church and State, That his Maj. Power and Authority, in Relation to Matters and Persons Ecclesiastical, be more clearly asserted by an Act of Parliament: Have therefore thought fit it be Enacted, Asserted and Declared: Like as his Maj. with Advice and Consent of his Estates of Parliament, doth hereby Enact, Assert and Declare, That his Maj. hath the Supreame Authority and Supremacy over all Persons, and in all Causes Ecclesiastical, within this His Kingdom: And that by vertue thereof, the Ordering and Disposal of the external Government and Policy of the Church, doth properly belong p. 27to His Maj. and His Successours, as an inherent right to the Crown. And that His Maj. and His Successours may Settle, Enact and Emit such Constitutions, Acts and Orders, concerning the Administration of the External Government of the Church, and the Persons imployed in the same; and concerning all Ecclesiastical meetings, and matters to be proposed and determined therein, as they in their Royal Wisdom shall think fit: which Acts, Orders and Constitutions, being Recorded in the Books of Councel and duely published, are to be observed and obeyed by all his Maj. Subjects; any Law, Act or Custome to the contrary notwithstanding. Like as His Maj. with Advice and Consent foresaid doth Rescind and Annul Lawes, Acts and Clauses thereof, and all Customes and Constitutions Civil or Ecclesiastick, which are contrary to, or inconsistent with His Majesties Supremacie, as it is hereby asserted. And declares the same Void and Null, in all time coming.

Concerning the Irreligiousness, Antichristianisme and Exorbitancie of this Explicatory, and (as to some things) Ampliatory Act and Assertion of the Kings Supremacy in Church-affairs, much, yea very much might be said; but our present business calleth us to speak of it, only in reference to the Indulgence; that we may see with what friendly aspect this Supremacie looketh towards the Indulgence, and with what Veneration the Indulgence respecteth this Supremacie; to the end it may appear, how the Indulgence hath contributed to the establishment of this Supra-Papal Supremacie; and how the Accepters thereof stand chargeable with a Virtual and Material Approbation of, and Consent to the dreadful Usurpation, committed by this Supremacie.

In order to which, we would know, that this Act of Supremacy, made Anno 1669. was not made, upon the account, that the Supremacie in Church-affairs had never been before screwed up to a sufficient height, in their apprehensions; for upon the matter, little that is material is here asserted to belong unto this Ecclesiastical Supremacie, which hath not been before partly in more general, partly in more special and particular termes, plainly enough ascribed unto this Majestie, or presumed as belonging to his Majest. In the 11. Act. Parl. 1. Anno 1661. where the Oath is framed, he is to be acknowledged, Only supreme Governour over all persons, and in all causes; and that his Power and Iurisdiction must not be declined: So that under all Persons, and all Causes, Church-officers, in their most proper, and intrinsecal ecclesiastick Affaires and Administrations, are comprehended; and if his Majest. shall take upon him to judge Doctrine, matters of Worship, and what is most essentially Ecclesiastick, he must not be declined, as an incompetent Judge. We finde also Act. 4. Sess. 2. Parl. 1. Anno 1662. (which is againe renewed Act. 1. Anno 1663.) that his Majestie, with advice and consent of his Estates, appointeth Church-censures to be infflicted for Church-transgression, as plainly and formally, as ever a General Assembly, or Synod did, in these words; That whatsoever Minister shall without a lawful excuse, to be admitted by his Ordinary, absent himself from the visitation of the Diocess — or who shall not, according to his duty, concurre therein; or who shall not give their assistance, in all the Acts of Church-discipline, as they shall be required thereto by the Archbishop, or Bishop of the Diocess, every such Minister (N. B.) so offending shall, for the first fault, be suspēded from his Office and Benefice, until the next Diocesian meeting; and if he amend not, shall be deprived. But, which is more remarkable, in the first p. 28Act of that Second Session. Anno 1662. for the Restitu…ion and Re-establishment of Prelats, we have several things, tending to cleare how high the Supremacie was then exalted: The very Act beginneth thus, for as much as the ordering and disposal of the external Government and Policy of the Church doth properly belong unto his Majestie, as an inherent right of the Crown, by vertue of his Royal Prerogative and Supremacie in causes Ecclesiastical. This is the same, that is by way of statute asserted in the late Act 1669. In the same Act it is further said, That whatever (this, sure, is large and very comprehensive) shall be determined by his Maj. with the advice of the Archbishops and Bishops, and such of the Clergy, as shall be nominated by his Maj. in the external Government and Policy of the Church (the same consisting with the standing Lawes of the Kingdom) shall be valide and effectual. And which is more, in the same Act, all preceeding Acts of Parl: are rescinded, by which the sole and only Power and Iurisdiction within the Church, doth stand in the Church, and in the General, Provincial and Presbyterial Assemblies and Kirk-Sessions. And all Acts of Parliament or Councel, which may be interpreted to have given any Church-Power, Iurisdiction or Government to the Office-bearers of the Church, their respective Meetings, other than that which acknowledgeth a dependence upon, and subordination to the Soveraign …wer of the King, as Supreme, So that we see, by vertue of this Act, all Church-Power and Jurisdiction whatsomever, is made to be derived from, to have a dependance upon, and to be in subordination to the Soveraigne power of the King, as Supream; and not to stand in the Church: Whereby the King is made only the Foun…aine of Church-power, and that exclusive (as it would seem) even of Christ; Of whom there is not the least mention made; and for whom is not made the least reserve imaginable. So in the 4. Act. of the third Session of Parl. Anno 1663. For the Establishment and Constitution of a National Synod. We finde it said, that the ordering and disposal of the external Government of the Church, and the nomination of the Persons, by whose Advice, Matters relating to the same are to be setled, doth belong to his Maj. as an inherent right of the Crown, by vertue of his prerogative R…yal and Supream Authority in causes Ecclesiastical. And upon this ground is founded his power to appoint a National Synod; to appoint the only consti…uent Members thereof, as is there specified; to call, continue and dissolve the same, when he will; to limit all their Debates, Consultations and Determinations to such matters and causes, as he thinketh fit; and several other things there to be seen.

Seing by these Particulars, it is manifest and undeniable, that this Ecclesiastick Supremacie was elevated presumptively before the Year 1669. to as high a degree, as could be imagined; It may be enquired, why then was this Act made Anno 1669? I answere. This act (so I conceive) was not framed so much to make any addition to that Church power, which they thought did Iure Coronae belong orginally and fundamentally unto the King; for that was already put almost beyond the reach of any additional supply, though not in one formal and expressive Statutory Act: As to forme the same, when screwed up to the highest, into a plaine and positive formal Statute, having the force of a Law, for all uses and ends; and particularly to salve, in point of Law, the Councel in what they did, in and about the Indulgence, according to the desire and command of the King in his Letter, in rega…rd that the granting of this Indulgence, did manifestly repugne to and counteract several anteriour Acts of Parliament, and was a manifest breach and violation of Lawes, standing in full force, and unrepealed; which neither their place, nor his Maj. could in Law p. 29warrand them to do, by his Letter, That the granting of the Indulgence did thus in plaine termes repugne to standing Lawes, I thus make good. In the Act of Rëstitution of Prelates Anno 1662. Prelates are restored unto the exercise of their Episcopal function, Presidence in the Church, power of Ordination, Inflicting of Censures, and all other Acts of Church Discipline. And as their Episcopal power is there asserted to be derived from his Maj. so withal it is expresly said, that the Church-power and jurisdiction is to be Regulated and Authorized, in the Exercise thereof by the Archbishops and Bishops; who are to put order to all Ecclesiastical matters and causes, and to be accountable to his Maj. for their administrations. Whence it is manifest, that the King alone, or with his Privie Councel, cannot put order to Ecclesiastical matters and causes, or exerce Church-Power and Jurisdiction, without a violation of this Law, and manifest controlling of it. And further in the 4. Act of that same Second Session of Parliament it is expresly ordained, that none be hereafter permitted to preach in publick or in families within any diocess;—without the licence of the Ordinary of the Diocess. So that this licence and permission, granted to the Indulged by the Councel, to preach and exercise the other parts of their function, being without the licence of the Bishops, is manifestly contrary and repugnant to this Law. Moreover Act 1. in the third Session Anno 1663. we have these words. And the Kings Maj. having resolved to conserve and maintaine the Church, in the present State and Governmēt hereof by Archbishops & Bishops▪ and others bearing Office therein; and not to endure, nor give way or connivace to any variation therein, in the least; doth therefore, with advice and consent of his Estates, conveened in this third Session of his Parliament, Ratifie and Approve the afore mentioned Acts, and all other Acts and Lawes, made in the two former Sessions of Parliament, in order to the settling of Episcopal Dignity, Iurisdiction and Authority within the Kingdom, and ordains them to stand in full force, as publick Lawes of the Kingdom, and to be put to further execution, in all points, conforme to the tenor thereof. Here is a further Ratification and Confirmation of the Lawes mentioned, and the Councel hereby yet more firmely bound-up from emitting any Acts or Edicts, contradictory to, and tending to weaken and invalidat the publick standing Lawes of the Kingdom. And, which is yet more considerable, in the following words of this same Act, the effectual putting of these Lawes in execution is specially, and in terminis, recommended by King and Parliament, unto the Privy Councel, after this manner. And in pursuance of his Maj. Royal resolution herein, his Maj. with advice foresaid, doth recommend to the Lords of his Maj. Privie Councel, to take speedy and Effectual Course, that these Acts receive ready and due Obedience from all his Maj. Subjects; and for that end that they call before them all such Ministers, who having entred in or since the Yeer 1649. and have not as yet obtained Presentations and Collations as aforesaid, yet darred to preach in contempt of the Law; and to punish them as seditious persons, and contemners of the Royal Authority. As also that they be careful, that such Ministers, who keep not the Diocesian meetings▪ and concurre not with the Bishops, in the Acts of Church-Discipline, being for the same suspended or deprived, as said is, be accordingly after deprivation, removed from their Benefices, Gleebs and Manses. And if any of them shall notwithstanding offer to retaine the Possession of their Benefices or Manses, that they take present Course to see them dispossest. And if they shall thereafter presume to exercise their Ministrie, that they be punished, as seditious Persons, and such as contemne the Authority of Church and State. Now, notwithstanding of this express reference and severe recommendation, we know, that in the matter of the Indulgence, they were p. 30so far from punishing such, as had not obtained Presentations and Collations, and yet had continued to preach, and exercise their Ministrie; that in perfect contradiction to this Injunction of King and Parliament, and other forementioned Acts, they licensed, warranded and impowered some such, as by Act of Parliament were to be punished as seditious Persons, and contemners of Authority of Church and State, to preach publickly, and to exercise all other parts of their Ministrie, and that upon the sole warrand of the Kings Letter, which cannot in Law warrand and impower them to contraveen express Lawes, and Acts of Parliament; and not only to disobey the Injunctions of Parliament, but in plaine termes to counteract and counterwork the Established and Ratified Lawes; and so to render them null and of no effect.

Whence we see, that there was a necessity for the Parliament An. 1669. to do something, that might secure the Lives and Honours of the members of Councel, in point of law, in granting of that Indulgence, which was so expresly against law, and which the two Arch-Prelates, members of Councel, would never give their assent unto, as knowing how it intrenched upon the power granted to them, and the other Prelates, confirmed by Law; and so was a manifest rescinding of these Acts and Lawes. And though this might have been done by a plaine and simple Act, approving and ratifying what the Councel had done, in compliance with his Maj Royal Pleasure, and authorizing them in time coming, to pursue the ends of the same Letter further, with a non obstante of all Acts, formerly made in favoures of Prelates and Prelacie: Yet it is probable, they made choise of this way of explaining, by a formal and full Statute and Act of Parliament, the Supremacie, in these plaine, full and ample termes, wherein we now have it; that thereby they might not only secure the Councel, but also make the Kings sole Letter to the Councel, in all time coming, a valid ground in Law, whereupon the Councel might proceed, and enact and execute, what the King pleased in matters Ecclesiastick, how intrinsecally and purely such soever; without so much, as owning the corrupt Ecclesiastick medium or channel of Prelacy: And withal it might have been thought, that such an act, so necessary for the legal preservation of the Indulgers, and consequently of the Indulged, in the enjoyment of the Indulgence, would go sweetly down with all the Indulged, and such as gaped for the like favour, howbeit so framed, as that it was not very pleasant, at the first tasting: For it cannot be rationally supposed, that such, as are pleased with their warme dwellings, will cast out with the walles & roof of the dwelling, without which they would enjoy no more warmness than if they were lodging beside the heth in the wilderness: And who could think, that any indulged man could be dissatisfied with that, which was all and only their legal security, and without which, they were liable to be punished as seditious persons, and as contemners of Authority, even for preaching by vertue of the Indulgence, according to Lawes standing in force unrepealed?

Whence also we see, what a faire way was made unto this Act of Supremacy, by the Indulgence; and how the Indulgence is so far beholden unto this Act, that it can not stand without it, nor the persons Indulged be preserved from the lash of the Law, notwithstanding of all that was done by the Councel: And thus these two are as twines, which must die and live together; for take away the Act of Supremacy, and the Indulgence is but a dead illegal thing. We may also see; what to p. 31judge of this illegal and illegitimat birth, that cannot breathe or live, where Law reigneth, without the swedling clothes of such a Supremacy, nor can stand but as upheld by such an Anti-christian Pillar.

We may also see here, that the very embraceing of the Indulgence was, upon the matter, a recognition of this Power in the King, to do in and by his Privy Councel, in Church-matters, what he pleased, even though contrary to antecedent Acts of Parliament; and that such as are so satisfied with the effect, to wit, the Indulgence, cannot but comply with the cause, to wit, the Supremacy, as asserted in this Act; as the man that hath a complacencie in drinking of the streames, cannot be displeased with, but delight in the fountaine, from whence they proceed. If any of these Brethren had received the same Indulgence from the Prelates immediatly, had they not thereby complyed with the Prelates, homologated their Power, and plainely assented and submitted thereunto? Yea, had they not in this assented also mediatly unto the Supremacy, seing all the Prelats Power did flow from the Supremacie? And shall they not now much more be looked on, as homologating the Supremacie, and as assenting thereto, when they receive the Indulgence, that immediatly floweth therefrom, and must be vindicated and defended solely by the asserting thereof? How is it imaginable that I can receive a favour, and not homologate, assent to and acquiesce in that Power, that gave it, when the asserting of that Power, is the only mean to keep me in legal possession of the favour received;

But now, for further confirmation of what is said, let us take a view of the Act of Supremacy it self, and there see a ground laid of sufficient warrādice for the Council, in what they did, in granting the Indulgence; and also be able to read the Indulgence it self out of the Supremacie, as here asserted; and for this end, it will be sufficient for us, to take notice only of the last words thereof, where it is said. And that his Maj. and his Successours may Settle, Enact and Emit such Constitutions Acts and Orders, concerning the administration of the external Government of the Church, and the Persons imployed in the same, and concerning all Ecclesiastical Meetings and Maters, to be proposed and determined therein, as they in their Royal wisdom shall think fit: which Acts▪ Orders and Constitutions, being recorded in the books of Councel, and duly published, are to be observed and obeyed by all his Maj. Subjects. Before this time, as we heard, all Acts, Orders and Constitutions, concerning Church-affairs, Church-meetings; and Church-administrations; were to be put in execution by the Prelates, impowered by the Supremacie unto this end: And what was lately done in the matter of the Indulgence, was done by the Councel, and not by the Prelates, and therefore contrary to law: whereupon, that this deed may be valide in law, it is here asserted, that the King, by vertue of his Supremacie, may Emit what Acts, Orders and Constitutions, he, in his royal wisdome, thinketh fit, and after what manner he pleaseth; and so, if he will, may order and dispose of all Church-administrations, Ecclesiastick Persons, Church-meetings and matters, by himself immediatly, or by his Councel; yea or by his lackeys; so that if the Lawes, Constitutions, Acts and Orders, concerning these Matters, Meetings, Persons and Administrations, be signified to the Councel, by Letter, or any other way, and be recorded in their books, and duely published, (which they must doe whensoever required) they must be obeyed and observed by all Subjects: Now this power being asserted to belong to his Maj. as an inherent right of the crown, no deed of p. 32gift▪ formerly granted to the Prelats, could weaken or diminish it; and therefore nothing done of late by the Councel, in granting of the Indulgence, according to his Maj. will and pleasure, signified by his Letter Iuny 7. 1669. can prove prejudicial unto the said PrivieCouncel, they doing nothing but what was consonant unto the Kings Supremacie, here more clearly asserted, and not granted of new, save in the forme of a formal Statute and law asserting the same. Yet notwithstanding, for the more security, (for abundance of Law breaks no Law) it is added in the Act. (as we see) Any Law, Act or Custom to the contrary notwithstanding. And moreover they rescind and annul all Lawes, Acts and Clauses thereof, and all customs and constitutions, Civil or Ecclesiastick, which are contrary to and inconsistent with his Maj. Supremacie, as it is hereby asserted; and declare the same void and null in all time coming: According to the usual course and manner.

As to the other particular, we may see the native feature and lineaments of the Indulgence, in the face of the Supremacie, so manifestly, that none who see the one needs question the intimate Relation, that is betwixt them. We see it now asserted as belonging to his Maj. Supremacy, in Church-affairs, tha… he may Settle, Enact and Emit what Acts, Constitutions and Orders, he thinketh good, whether concerning Church-Administrations, or Church-meetings, or Church-matters, or Church-Officers; and that there needeth no more to make these Lawes, to be obeyed and observed by all the Subjects, but the recording of them in the books of the Councel, and duely publishing of them. Now, as we saw above, in the Kings Letter, concerning this Indulgence, there areConstitutions, Acts and Orders emitted and setled concerning Church-administrations, shewing what shall not be preached under the paine ofCensure: whoseChildren may be baptized, whose not: who may be admitted to hear the word, and who not. Concerning Church-persons; who shall be accounted qualified for preaching, who not: who shall be accounted fit for the charge of such a flock, and who for the charge of another: Such and such Ministers are ordained to go to such or such Congregations, not by vertue of a Call of the people, but meerly by vertue of the Councels designation. Concerning Church-meetings, They are appointed to keep Diocesian Visitations, or Synods, and to resort to Prelats Exercises, though the Prelates look not on them as sutable company. So it is ordained, whom they are to marry and whom not. In a word, let any but compare the Kings Letter with this part of the Act of Supremacie, and he shall be forced to say, that the Letter is nothing but the Supremacie exemplified and put in practice.

Hence it is manifest, that no man can submit to, and accept of the Indulgence, but he must eo ipso submit to & accept of such Constitutions, Acts and Orders, as did constitute, qualifie, and limite the same; for the Effect includeth the Causes Constituent and Discriminating. And again, no man can submit to and accept of Constitutions, Acts and Orders, flowing from a power, but they must eo ipso recognosce that Power to be properly residing in the person, giving forth these Acts and Orders; or grant, that he is vested with that power: and seing it is plaine from the Act of Supremacie it self, that such Constitutions, Acts and Orders, so given in Church-matters, and about Church Persons, as these were, whereby the Indulgence was midwif'd into the world, do flow from the Supremacie; it is also manifest, that no man can accept of the Indulgence, as so and so conveyed, as it was, but they must withall virtually, implicitly, and interpretativly at least though yet really and consequentially) acquiesce, & submit unto, and acknowledge the Supremacie, in so far, as concerneth the matter of the Indulgence, and the Acts, Orders a… Constitutions, …erein comprehended.

p. 33I am, in all this, far from thinking, that these Indulged brethren did formally and expresly Owne, Acknowledge, Acquiesce in or Approve of the Ecclesiastick Supremacie, in and by their accepting the Indulgence; or that they had any such Intention therein, as to make way for, approve of, or to confirme the said Supremacy. No: I am only shewing what is the native consequence thereof, and inevitablie followeth thereupon; and what consequentially they may and ought to charge themselves with, and others, not without ground, account them interpretatively guilty of; and what a Conscience, when rightly awakened and illuminated, will challenge them for; and the Posteritie will think they have failed in, and many now a dayes are stumbled by, or induced to stumble upon the occasion of: not to mention the designe of the Contrivers, which yet, when known and discovered, may occasion yea and cause a sad and wakening reflection; Nor yet to mention, what afterward, upon several occasions was discovered, of which more afterwards, and which might have been sufficient to have made some bethink themselves, and search more narrowly what they had done, and give glory to God by turning out of such dangerous, and so many wayes scandalous and offensive pathes.

Having thus briefly spoken of the Supremacie, as relating to and friendly corrosponding with the Indulgence, its native daughter, we now proceed in our History, and shall show, who were Indulged even after this Act of Supremacie was thus made and published: And of these we have found already five or six licensed, that same yeer, within a monethmonth or thereby after the Parliament, (which gave us such a full, and large explication of the Supremacie,) sat down. But we proceed to the following yeers.

Edinbr. 27. 1670.

Mr Alexander Wedderburn at Kilmarnock.

Edinb. March. 3. 1670.

Mr Iohn Lauder at Dalzel:

Mr George Ramsey at Kilmars:

Mr Iohn Spadie at Dreghorne.

Mr Thomas Black at Newtyle:

Mr Andrew Mc claine at Killaro and Kilquhanan:

Mr Andrew Duncanson at Kilchattan in Lorn.

Thus we have this yeer seven moe; in all fourtie three. Towards the beginning of the next year, there is a Proclamation of the Privie Councel, re-inforcing the punctual observation of the forementioned Injunctions, delivered unto the Indulged; after this forme.

Edinb. Ian. 26. 1671.

For as much as the Lords of his Maj. Privie Councel, in pursuance of his Maj. Royal pleasure, signified to them by his Letter the 7. of Iun. 1669. did by their Act of the 27. of Iuly 1669. Ordaine all such outted Ministers, as should be allowed to exercise the Ministrie, to keep Kirk Sessions, and keep Presbyteries and Synods, as was done by all Ministers, before the Year 1638. And did declare, that such of them, as should be allowed to Exercise the Ministrie, and should not obey in keeping of Presbyteries, should be confined within the bounds of the Paroches, where they preach, aye and while they give assurance to keep Presbyteries. And the saids Lords being informed, that hitherto Obedience hath not been given to the foresaid Act of Councel: Do therefore command and require all and every one of these Ministers, allowed to preach by order of Councel, to keep Presbyteries p. 34in time coming. And do hereby confine all these, who shall not give Obedience in keeping Presbyteries, within the bounds of the respective Paroches, where they preach. And ordains Extracts of this Act to be sent to every one of the saids Ministers, that none of them pretend ignorance.

How or what way this Injunction was observed, I am not much concerned to enquire. OnelyOnly the Reader would know, that the Presbyteries now, and before the year 1638. were not the same; so that however honest Ministers did observe those; yet no honest man could, with a good Conscience, keep these meetings now; because before the year 1638. Presbyteries had never been discharged, or removed: Howbeit many complied with the Prelates then, and frequented these meetings, yet good men keeped their Possessions; only the Synods then were so far changed into Episcopal Visitations, that several honest men had not peace and freedom in going to them. But in our Dayes, Presbyterian Government was plucked up by the roots, and wholly cast away: And there was no Presbytery or Synod, but what was purely Episcopal, depending upon him, and recognosceing his Power. Whence we see, that by this Injunction, a compliance with Prelacy was designed. And I suppose, such of those Indulged Ministers, as had not freedom in Conscience to yeeld obedience unto this command, thought that by compliance herewith they should have Homologated the Prelats Power, and abjured Prelacy, notwithstanding that they were obliged by the Command of God, to hold such meetings for the exercise of Discipline, according to the Patterne of the New Testament, if such circumstances had not made it sinful in them: Why then might they not also have judged it unlawful for them, to have accepted of the Indulgence, as homologating the Magistrat's usurped Supremacie, and abjured Erastianisme, notwithstanding of their Obligation to preach the Gospel? Why did not the Obligation to observe Presbyterial Assemblies, for the Exercise of Discipline, make them willing to step over the inconvenience of Prelacie, without acknowledging of which they could not keep these meetings hic & nune; as they supposed their obligation to preach the Gospel did warrand them to step over the inconveniencie of Erastianisme, without acknowledging of which they could as little preach hic & nune; Especially seing if they observed not these Presbyteries and Synods, they could observe none: But though they preached not in these places designed by the Indulgers, they could have preached elsewhere, with as much Glory to Christ, Good to souls, Edification of the whole Body, and Peace in their own mindes, if not more. I see not, how they, who scrupled not at preaching, though, as circumstantiated, attended with abjured Erastianisme, could rationally scruple the Exercise of Presbyterian Discipline, though, as circumstantiated, attended with abjured Prelacy. Yea, I think there was less ground for scrupling this of Discipline, than for scrupling that of Preaching; because, as I said, they could have preached without the Erastian Indulgence, & that to much more advantage, as experience hath proved in others; But they could not have exerced Discipline, such I meane as used to be exerced in Presbyteries and Synods, without the Prelates Courts.

We have now seen the Progress of this device of the Indulgence, contrived mainely to suppress and keep down the Meetings of the Lords people in houses, and in the fields, which were the eye-sore of the Rulers, and which they were seeking to destroy p. 35by all meanes: As appeareth by that grievous Act of Parlia. made against them August 13. 1670. with the Act against Baptismes August 17. 1670. and that made August 20. 1670. against withdrawing from publick meetings; all tending to this End. But notwithstanding of all th…se Midianit ish wiles, and cruel Acts, such was the presence of the Lord in the Assemblings of his people, and so powerful was the Operation of his Spirit with the laboures of a few, who laid out themselves to hold up the Standart of Christ, though contrary to the Law of men; that the number of converts increased and multiplied daily, to the praise of the glory of Gods free grace, and to the great Encouragement of the few hands, that wrestled through all humane discouragment. Therefore our Rulers cast about againe, and fall upon another device, which they supposed would prove effectual for destroying the work of the Lord; which was this. Besides the Ministers Indulged, as said is, there was a great company of Non-conforme Ministers, not yet Indulged, who they supposed either did, or might thereafter hold Conventicles (as they are called;) and therefore to remeed or prevent this in time coming, they appoint and ordaine them to such and such places, where Indulged Ministers were setled, there to be confined, granting them liberty to preach, and exercise their Ministery there, according as the Indulged men would allow and imploy them; or of new Indulging them by pairs, and appointing to places; thinking by this meanes to incapacitate so many Ministers from holding of Conventicles or private meetings there, or else where: All which will be clear by the Acts of Councel, which follow.