The History of the Indulgence, Part 1 · Floating text 11
The draught of this Paper was framed purposely to the S. Councel, as will appear in the very entrie thereof, which mould I could not change, because of the want of health, and other Inconveniences.
BEing called before his Majesties Privie Councel to give an account of the reasons, why I have not accepted of this present Indulgence, granted by his most excellent Majest. to several Presbyterian Ministers in Scotland, I desire humblie and in the fear of God (who standeth in the Congregation of the Mightie, and Judgeth among the Gods) to give this true, sober and ingenous Relation of such things, as did and doe invinciblie binde me, why I cannot accept of this late complex Indulgence, framed in three distinct Acts of Councel, of the Date Sept. 3. and 7. 1672. To which I shall premit these things briefly.
1. That it is well known to all the Protestant Reformed Churches abroad, concerning the Constitution and Government of this ancient Church of Scotland for many yeers, and particularly in the yeer 1660. That it was framed according to the Word of God, confirmed by many laudable and ancient Lawes of the Kingdome, and solemnly sworne to by all Ranks within the same.
2. It is also found by lamentable experience, that since that time this Ancient and Apostolick Government is wholly overturned in its very Species and kinde, and that by the Introduction of Lordly Prelacie, which is tyrannically exercised; whereby the Church was suddenly deprived of her lawfully called Pastours, and their roomes filled by strangers, violently thrust-in upon the people, many of whom have proven scandalous and insufficient.
3. The sad Effects of these things are conspicuously apparent upon the face of this Church this day, such as involving the Land in great backsliding and defection, the abounding Ignorance & Atheisme, the overflowing spa…e of Sensuality & Profanness like to Sodome, the increase of Poperie and Errour through the Land, even to the height of Antichristian Paganisme, & Quakerisme; The sharp suffering and smartings of many of his Maj. loyal Subjects through the Land, meerly because they cannot conforme to the present Prelatical frame; and finally the increase of Animosities, Dissentions, Divisions, Jealousies, and Differences among the Subjects.
4. Whatever Power sound and orthodox Divines do acknowledge the Magistrat to have, and may have exercised in a troubled and extraordinary state of the Church; yet it is not at all yeelded by them, that the Magistrat may in any wayes, alter its warrantablie established Government, and so turne that same …roub…ed and perplexed state and frame of the Church, made such by himself, meerly to be the subject of his magisterial authoritative Care and Operation.
5. That I be not mistaken, as denying to his Maj. his just Power in Ecclesiastick matters. I do humblie and with great alacritie acknowledge, that the Civil Magistrat hath a power circa Sacra, which power is objectively Ecclesiastick; so as he by his Royal Authoritie may enjoyn that whatsoever is commanded by the God of Heaven, may be diligently done for the House of the God of Heaven; which Power also is by Gods appointment only Cumulative and Auxiliary to the Church, not Privative, nor Destructive, and is to be exerced alwayes in a Civil manner.
As to the Reasons of my not-acceptance of the present Offer, and not repairing to the place designed by the Councel: They are
1. That our Lord Jesus Christ, Mediator, the King and Lawgiver of his owne Church, hath committed all Ministeria… Authority, for Government of his House, to his own Church-Officers, as the first proper subject and receptacle thereof, Ioh. 20: v. 21. As my Father sent me, so send I you. Math. 28:18.19.20. All Power is given to me in Heaven and Eearth, go ye and preach the Gospel. 2 Cor. 10: v 8. Our Authoritie which the Lord hath given us for edification, and not for destruction▪ &c. But so it is that the Act explanatorie of his Maj. Supremacie in the Church, (whereupon the Act of Indulgence is grounded) doth not only claime the Power to belong of right to his Maj. and Successours, as an inherent privilege of the Crown, but doth actually also invest and cloath him with the formal exercise thereof in his own Person, and that he may derive the same, and convey it to others, as in his Royal wisdome He shall think fit: For his Majest. is pleased to designe and make application of Ministers to Congregations, and that, without the previous call of the People, and power of the Presbytery (which would suppose the Civil Magistrat to have Authoritie to judge of the suitableness of Ministers parts and gifts to labour amongst such and such a people.) As also to frame and prescribe Ecclesiastick Rules, relating to the exercise of the Ministerial Office, as also appointing a Commission to Plant and Transplant Ministers, as they shall think fit; Notwithstanding that it hath been unanswerablie evinced, that Presbyte…ian Government is founded on the Word of God, and confirmed otherwayes aboundantly.
2. Although I do freely disallow and condemne all tumultuarie and seditious meetings (among which it is sad and grievous, that the peacable meetings of the Lords People for Worship, and hearing the Word soundly preached, should be reckoned;) yet I am so convinced and perswaded in my heart of the Lords blessing, attending the preaching of the Gospel (though not in a pub…ick Parish Church) as that I judge the narrative of the first act to go near to involve my acceptance of this Indulgence, being an interpretative condemning of the saids meetings.
3. There is a standing relation betwixt me & another Flock, overwhich I was set, by the appointment of Jesus Christ in his word, which tye c…n never reallie be dissolved by any other Power, than that which at first did make it up, and give it a being: And after that I had Ten years (during the English Usurpation) wrestled in opposition to Quakers & Independants ▪ in the place, where the first breach had been made upon the Church of Scotland, I was without any Ecclesiastick sentence thrust from the publick exerci…e o… my Ministrie in that place, where there will be 1200. examinable Persons, whereof th…re were never 50. Persons, yet to this day, who have subjected themselves to him, who is called the Regular Incumbent; And that even when I was living 30. mi…es distant from the place. Now what a door is hereby (by my being keeped from my Charge) opened to Error, Atheisme and Profanness may be easily conj…ctured by those, who hear of the deplorable case of that people? And what a g…ief must it be to them, to have their owne Lawful Pastor shut up in a Corner, whereby we are both put out of a capacitie to receive any mo…e Spiritual comfort flowing from that Relation, which is yet in force betwix… us? Or how is it to be imagined that any new supervenient relation can result betwixt another Flock and me, by vertue of an Act only of a meer Civil Judicatorie? Beside, that the people, in whom I have present Interest, are utterlie rendered hopeless by a clause in the end of the first Act viz. That the Indulgence, is not hereafter to be extended in favours of any other Congregation, than these mentioned in the Act, whe…eof they in that Parish are none.
4. That I will not offer to debate the Magistrat's sentence of Confinement, let be his Power to doe the same; yet I shall soberly say, there are so many things attending the present application thereof to my Person, that it cannot be expected, I should give that Obedience hereto, which might inferre my owne Consent or Approbation, for 1. Though this Confinement be called a gentle remedie of the great evils of the Church, in the narrative of the first Act, yet it is found to be a verie sharp punishment, as it is circumstantia…. 2. All punishments, inflicted by Magistrats on Subjects, ought to relate to some Cause or Crime, and cannot be done arbitrarilie, without oppression, which truth is ingraven on the light of nature: For Festus, a heathen Man Acts 25:27. could say, It seemeth to me unreasonable to send a Prisoner and not withal to signifie the crime laid against him; yet am I sentenced and sent in fetters to a Congregation, without so much as being charged with any crime, And all the world are left to collect the reason of this Censure. 3. If my Confinement relate not to any crime, it must needs relate to a designe, which designe is obvious to Common sense, viz. th…t I should preach and exercise the Office of my Ministrie, whollie at the appointment & disposal of the Civil Magistrat; and a sentence of Confinement is less obvious to debate and dispute by the Subjects, and will more easily goe downe with any simple man, than an express command to preach, grounded on his Maj. Royal Prerogative and Supremacie, and cannot readily be refused by any, unless a man make himself to be constructed, a squimish wild Phanatick, and expose himself to great sufferings; so this Confinment, which hath both his Maj. Prerogative and Supremacie in Ecclesiastick matters in it, comes to me in roome, and that directly, of the Peoples Call, and Presbyteries Authoritie and other Ecclesiastick Appointment. Now this designe, however closely covered, I dare not in Conscience, yea I cannot (with the preservation of my Judgment and Principles) concurre with, or be consentient thereto. 4. By the Confinment I am put to an open shame before the world, and particularly in that place, where I am permitted to preach the Gospel: For what weight can my preaching or ministerial Acts of Discipline and Government have, while I my self am handled and dealt with as a Malefactour and Transgressour, a Rebel or Traitour to my Prince & Nation? Or how can I preach the word of the Lord freely and boldly against the …innes of the time (as against Profanness, Errour, Injustice and Oppression) as Ministers ought impartially to do, while I am kept under a perpetual check of the sword of the Magistrat at my throat? This to me is not preaching, but an over-awed discourse: Morover, I become a prey for any malicious prejudicat hearer, who shall happen to accuse and informe against me. Can I be answerable to God who sent me, to render up my self willingly to be a servant of men? Were not this to cut-out my owne tongue with my owne hands? 5. This Confinment is not simplie or mainly of my Person, (which sentence if it were so, I should most willingly undergo) but it is of the Office it self (the imprisonment of which ought to be sadder to me, than any personal suffering whatsoever) while 1. It is not of me alone, but of all the Presbyterian Ministers in Scotland, a very few only excepted. 2. While the propagation of the Gospel by the personal restraint of us all is manifestly obstructed. 3. We are cut off from the discharge of many necessary duties, which we owe to the Nation and Church, and specially at such a time, while she is in hazard to be swallowed up with a swarm of Iesuits, Quakers and other damnable Subverters of the Truth; and (which is yet more) while three parts of the Kingdom, are groaning under …he want of the Word, faithfully preached, and some few Shirs only here in the West are made, as it were, the Common Goal of all the Ministers, that are permitted to preach. 4. By this Confinment, I lose an essential part of my Ministerie, which is the exercise of Jurisdiction and Church Government; which yet Mr Baxter, (a very favourable non-conformist) asserts to be as essential to the Office of a Minister, as Preaching of the word; The staff being as needful to the shepherd, as either the pigg or the horne is; so sayes the Scripture of preaching Elders Acts. 20.28. The Holy Ghost hath made you Overseers or Bishops, no less then Teachers; a principal par… of which Government is Ordination of Ministers, for preservation of a succession of faithful men in the Church; whereof by the Act of Confinment (as also is expresly provided by the last c…ause of the last Act) we are intentionally deprived for ever, while it is in force: In loseing of which one branch of our Government, we undo our own cause with our owne hands. I remember the first thing the ambitious Romane Clergie invaded and usurped, was the Jurisdiction and Authoritie of Presbyters, turning the Ministers of Jesus Christ into the Prelats jurney men, making Curates of them, only for preaching and intimating the Bishops mandats, And what else doe I in this case, but make the Ministerie of the Gospel in my Person Immediatly dependant, in the exercise of it, upon the arbitriment of the Civil Magistrat.
5. As for the Permission and Allowance I have to preach▪ when confined, This Permission seemeth very fair, while I look on it abstractly, without relation to the rest of the Particular circumstances of the Act; for this would look like opening the door in part, which the Magistrat himself had shut; but while I take it complexly with what else is joyned with it, it doth presently carry another …ace, like some pictures or medals that have two or three different aspects to the eyes of the beholder: For Permission to preach in any vacant Church within the Kingdome is so very great a favour, as for which I would desire to bless God, and thank hi… Maj. most heartily: But take it without the praevious Call of the people, the Authoritie and Assistance of a Presbyterie, as it may be had; and take it without the exercise of Discipline and Government, but what is Congregational; and so it is …ame. Againe, take it with the Confinment and other claggs and cavea…s, contained in the 2. Act, Or take it with the burden of being obliged to follow all matters (formerly referable to Presbyteries and Synods) before these Presbyteries and Synods, which are now constitute by Bishops and their De…egats; and so it is nothing but that same Accommodation, which we formerly had in our offer from the Bishop, and did refuse: And take it yet with the robbing of our owne Congregations, and with the depriving of three parts of foure of the whole rest of the Land, and then I have it to consider, whether this my Permission to preach be not the putting of my neck under a heavier yoke, than it could be under before.
6. The last Reason (for brevity) is from the Affinity with and dependance this Act of his Maj. Royal Indulgence hath upon the late explanatorie Act of his Maj. Supremacie, (which I desire with sorrow of heart to look upon, as the greatest Incroachment can be made upon the Crown and Authority of Jesus Christ, who is only King and Lawgiver of his Church upon Earth) as will be evident by comparing the two Acts together; For the Act of his Maj. Supremacie (besides the narrative) containes two principal parts, viz. (1) The Assertorie of his Maj. Supremacie, which is the main Theam proposed to be explained, in these Words▪ The Estates of Parliament do hereby Enact, Assert and Declare, that His Majest. hath the supreame Authoritie and Supremacie over all Persons, and in all Causes Ecclesiastick▪ within this Kingdom. (2. The Explanatorie part followes, in so many most comprehensive and extensive Branches and Articles, thus: That by vertue thereof the Ordering and Disposal of the external Government of the Church doth properly belong to his Maj. and his Successours, as an inherent righ… of the Crown, and that his Maj. and Successours may Settle, Enact & Emit such Constitutions, Acts & Orders, concerning the Administration of the external Government of the Church, and the Persons employed in the same, and concerning all Ecclesiastical meetings and matters, to be proposed and determined therein, as they in their Royal Wisdome shall …hink fit.
Againe the Act of his Maj Royal Indulgence, which is the exercise and actual application of his Supremacie in matters Ecclesiastick, may be taken up in these particulars comprehensively. (1) The nomination and election of such and such Ministers, to such and such respective places. (2) A power to plant and transplant, put out and put in Ministers to the Church. (3) The framing and prescribing Rules and Instructions, for limiting Ministers in the exercise of the Ministerial Office. (4) The ordaining Inferiour Magistrats, as Sherifs, Justices, &c. to informe the Councel every six moneths, under highest paines, anent the carriage of Indulged Ministers, and how they observe the foresaid Rules. (5) The Confining of licensed Ministers to one small Corner of the Kingdome, and declaring all other Places and Congregations whatsoever within this Nation to be uncapable of any share of this Royal Favour, except such places only as are exptesly contained in the Act itself. Now, that these Particulars of the Act of Indulgence are of the same nature and kinde with the Articles Explanatorie of his Maj. Supremacie, will demonstratively appear by this plaine Argument, viz. To Settle, Enact, Emit Constitutions, Acts and Orders concerning Matters, Meetings and Persons Ecclesiastick, according to their Royal pleasure, is the very substance and definition of his Majest. Supremacie, as it is explained by his Estates of Parliament. But the Act of his Majest. Indulgence, in the whole five fornamed particulars thereof, is only to Settle, Enact and Emit such Constitutions, Acts and Orders, concerning matters, and Meetings, and Persons Ecclesiastical, according to Royal pleasure: Therefore the Act of his Maj. Indulgence is the substance and definition of his Maj. Supremacie, as it is explained by his Estates of Parliament. The Rules and Instructions for limiting Ministers in the exercise of their Office, as also the rest of the two forenamed Particulars of the Indulgence, are such, as I declare I cannot accept of them, or any other favour whatsoever, upon such termes and conditions; because they containe the down-right exercise of Erastianisme (as I humbly conceive; and a discretive judgment of such Acts as a man resolving to practise can not be denyed him, unless men be turned into bruits, and so be ruled no more as reasonable creatures) namely, the Magistrat by his proper and elicit Acts, doing that which is purely Spiritual and Ecclesiastick, as a Nomothetick Head and Lawgiver, framing such Lawes and Constitutions Ecclesiastick, as are not competent for any Ministerial or Declarative Power to enact or impose; but of that Power only, which is absolutely Soveraigne: and whatsoever will militat against an Ecclesiastick Person, to arrogat to himself to be Christs Vicar on Earth, and a visible Head, to give and make Lawes for the Church, according to his pleasure; The same also will make much against any other, though the greatest in the World, to assume to himself this Prerogative, so long as he can produce no divine warrant for this claime. A more particular consideration of these Rules, and other Particulars, I must needs (for brevity) forbear.
My Noble Lord. HAving, in the singleness of my heart, and I trust without any just ground of offence, given this short and sober account of the Reasons, why I have not made use of his Majest. Royal favour and Indulgence, And being fully perswaded in my Conscience, that both Magistracie and Ministery are Gods Ordinance, & no wayes destructive, but mutually helpful one to another; so that I can not but earnestly long, That the Lord, who hath the hearts of Kings and Rulers in his hand, would put it in the heart of our great Soveraigne (and in your Gr's heart to be instrumental therein) that he would grant us, Ministers, libertie to make full proof of that Ministery, which the Lord hath given us for edification, and not for destruction; that we might have the opportunitie to make it appear, that the Government, which the Lord Jesus hath appointed in his Church, doth well consist and agree with the Magistrats Civil Government in the State, that so I and all others, my outted Brethren, may have access to our former Charges, or other Congregations, as we shall have opportunity of a cordial Invitation from the people, with the assistance and help authoritatively of lawful Church …udicatories, until such time as God shall grant a patent way to returne to our own Charges. (2.) And that Presbyterian Ministers may have access to his Maj. for representing just grievances, which press heavily our Consciences, and the consciences of the people, his Maj. loyal and faithful Subjects in the Land. In granting of which necessary and just desire, I your Gr's. Servant shall be a humble Supplicant at the Throne of Grace, for the preservation of his Maj. Person, the establishing of his Throne in righteousness; and that the Lord would poure forth the Spirit of righteous judgment on your Grace that the Lord may be blest, and your Grace may finde merciemercy in the day of visitation.
J. BURNET.
By this free and faithful Testimony, we see what Reasons moved him not to accept of this supposed favour; and particularly we may observe, that one maine Reason was, the Relation and Affinitie, that was betwixt the Act of Indulgence, and the Explicatory Act of Supremacie; so that who ever accepted of this Indulgence, could not but be looked upon as virtually and materially (at least) approving and consenting to the Supremacie; & what iniquity lyeth wrapped-up in this, a few words could not express.
But Moreover there were Ten Ministers (I suppose worthie Mr Iohn Burnet forementioned was one of them) who did meet together upon the same account, to draw up reasons of their refusing the Indulgence, to be presented unto the Councel: But though the Paper was drawn up and subscribed; yet I did not hear, that it was presented. However, because it may also contribute some light and confirmation, I shall set it down here, as I had it.