The Banders Disbanded, Title page
The Banders disbanded Or AN ACCURAT DISCOURSE Solidly and plainly Demonstrating How Inconvenient, scandalous & sinfull it is, in the present Circumstances of the Church of Scotland, For Ministers of Christ there, that they may obtain a pretended Liberty to Preach and Administer the Sacraments, in such and such particular Paroches, To give Bond to their present Rulers, That they shall live peaceably: Or For others, in their name and behalf, to Bind to the said Rulers for their peace…ble living, & to present them when calle… so to do, & in case of faillzie to underly a great penalty: And so Discovering clearly the great unfaithfulness of The Affirmative Vote, of the late Meeting of Ministers at Edinburgh, (Anno 1679.) concerning the Lawfullness of giving the Bond then presented by the Councill: AS ALSO Occasionally holding forth many considerable Truths very necessary to be known & pondered in these dark & difficult Times.
Printed Anno M. DC. LXXXI.
A LETTER Concerning the Bond, tendered by the Councill of Scotland, to some Presbyterians there, in the Year 1679.
SIR
I Find now too certain what was reported, of that Meeting of Ministers at Edinburgh, their allowing by Vote the Peoples giving that Bond of surety for the Minister, required in the Proclamation, and have also got a double of the Bond it self. I hear the Meeting had severall communings and tampernigs, with the Members of the Councill, anent this busniess, by some of their number, whom they appointed to wait upon them from time to time for that purpose. What was the matter of their Communing, or to what end, I cannot well tell; However when at last the Brethren, who were appointed, returned, the meeting after some sort of Conference among themselves upon the present Favour (as they terme it) granted by his Maj. bearing a liberty for Presbyterian Ministers to exercise their Ministry, did generally Conclude (and that ere ever they had seen the Bond) That they found no Reason why the People might not give security at this time for a Ministers peaceable behaviour. And upon an other day afterward, it is again Concluded as followeth: The meeting having considered the bond o… security as now presented by the Councill, find nothing therin to alter their former determination affirmativè. I hear there were severall and these of the most eminent who endeavoured to prevent this determination & were for the negative when ti …ame to be voted. Sir, my charity toward many of these Brethern would scarce suffer me to beleeve, That ever they would have tabled such a question to be debated in so publick a Meeting, far less affirmatively determined it. But finding it now (as I said) too certain; and this being the thing wherin you desire advice, I have the more fre…dom to return an answer, when I have first told you that the newes of these two Votes was so surprizing, that I was made a little to sit down as one astonied at the Report, yea & my grieved soul is so overprest, that I am in a strait whether to say any thing or be altogether silent, and what or how to express my self if I say any thing. Alas! is it come to this in the Church of Scotland? That so many wise men, and who by Office are seers to the Church, did see no reason why such a Bond might not be given to these who now require it, and that as a signe of the Churches subjection to that power which they have assumed over it; yea & at such a juncture when the Cry of the Souls under the Altar, who were slain …or the word of God & the Testimony which they held, was so much increased by reason of …heir blood which these had recently shed. O! where is now that single eye wherwi…h our former Seers saw of old, who found valid & convincing Reasons for refusing bonds of far less import to the Cause & Churches prejudice? O! where is the discerning of some of these same Reverend Brethren, who ha…e perceaved snares more covertly hid then now they are, when the snare is so openly spread i… the sight of the bird? Did so many Brethren, conveened in a generall Meeting, find no Reason why such a Bond as this ought not to be given? Was there no evill, nay, nor so much as the appearance of evill to be found in i…? Was there no ground, nor so much as an occasion of offence in it? Was there nothing in it, that might occasion a new breach; and also widen & …ender the former more incurable? Was there nothing in it, that might be supposed would grieve the hearts of many of their dear Brethren, and many others dear to God; the grieving of whom ought not to have been despised? Could these Brethren suppose, that the passing such a Vote would indeed satisfy all the rest of the Non-conform Ministers & Church of Scotland? or that their determination affirmativè would (or ought) also determine all the rest? Was there nothing to be found, in yeelding to give this Bond, that might occasion both Ministers and Ministry …o become yet more vile, and contemptible in the eyes of this evill generation? Was there nothing in it of a dangerous preparative, of wreathing & continuing a yoke of bondage, upon the necks of Christs free Ambassadours, unto the generations to come; & a bad copy to all other Magistrates to impose the like Bond, upon faithfull Ministers of the Gospell. Was there nothing to be found therin, that might prove a probable, yea unavoydable temptation to Ministers their being unfaithfull in delivering the whole of their Masters message, & declaring all the Counsell of God? Was there nothing in it, to scarr & deterre, both Ministers & people (or so much as to put them in some demurre) from giving a Bond, upon such an account, as the like therof was scarce ever required, far less yeelded to by any Church or Church-men to this day? Ah alas! That ever the Ministers of Scotland should have been the first, that ever trode in this strange and unt…oden path! Was there no hazard of confirming, & encouraging the Rulers, in all their iniquous Impositions of this nature? Yea was ther nothing in it, that might at least be interpreted a direct condemning many Worthies, both Ministers & others, as being ignorant sc…uplers & preposterously zeallous for undergoing the outmost of sufferings, ere they would engage in the like bonds? Ah! whither have we not caused o…r shame to go? O! if it were possible to prevent or stop the spreading of this Report, for preventing what further disgrace is like to be cast upon al… the Ministers of Scotland; for whoever hears of this will coun… all alike, seeing the thing was both publickly voted by a Meeting of Ministers, assuming to themselves the name of a Generall Assembly; yea & of the Representative of the Church of Scotland. As also no publick dissent or Protestation entered against thesame. In the mean while I am not a litle refreshed by this, that it is not as you & I heard at first, That few Ministers in Scotland would be against that Vote; for after tryall there will be found, I hope, rather few to approve therof, yea some of themselv… who then aggreed, do already wish that it had never been tabled in that Meeting. And before I proceed, I must tell you that severall wanted not their feares, that not a few of that Meeting, as it was then constitute, would be ready enouugh to declare themselves for such a Bond, whenever they should have occasion for that effect; and there was too good ground for this, Considering 1. How we have provoked the Lord, by our former cedings & unfaithfulnes, to give us up to walk in connsells of our own. 2. How Ministers & their Ministry have been brought under so much subjection, to the Civill Magistrate already, by closing with & imbracing the two first Indulgences. 3. That so many Ministers in Scotland had laid themselves aside, from the publicke exercise of their Ministry declining & shifting to preach under the Crosse, these many years past. 4. What secret grudgings, emulations & whisperings, now & then vented by some, in sharp & bitter Invectives against their Brethren, for supplying the desolate parts of our Church, by transient visits, in this disturbed state; being neither willing to labour themselves, or that others (though upon their perill) should supply their defect; but rather with the Common Enemy despising & reproaching their persecuted Brethren, as dis-orderly walkers fosterers of the people in an ignorant zeall, leaders of them into separation & fomenters of division; and too often decrying, extenuating & undervaluing all the glorious & signall appearances of the power of God, at these meetings, & the singular blessed effects, wich were produced by the right arme of the Lord in the Ministry of their Brethren, who were despised in the eyes of the world, & too much also in theirs. 5. How these generall Meetings were called together since the late doolfull & sorrowfull dispensation, which was at first by a few, and these such as had litle concerned themselves in the desolations of the Church, during the time of the bypast persecution, till the late Proclamation for this new liberty or Indulgence. 6. How the leaven of the two first Indulgences hath wrought till it had neer leavened our whole lump, that severall who profest once to be clear & peremptory against it, & some who then had the offer, and refused to accept, of late were become favourers of & pleaders for it. 7. What eager longing too many had after some new Indulgence, as hath been manifest from the expressions & carriage of some, which did clearly shew their readines to imbrace the first offer that might come in their way. Lastly if we consider the Constitution of the late meeting who past this Vote, That it was for the most part made up of Indulged, avowed Applauders of the Indulgence, or under-hand Approvers & favourers of the same: yea and some of them vigorous Contenders for these old publick Resolutions, which was a signall step of the Church of Scotlands declining, and who were active persecuters of their dissenting Brethren at the time of that temptation. I say an impartial Reflexion upon these & the like Considerations may make it seem lesse strange, that such a Vote did so easily passe at that Meeting. But seing you desire to have an account of my Thoughts anent this new Liberty, & the method prescrived to Ministers for entering to Congregations by petitioning the Council & giving this Bond of surety, And whither the people may concurre in calling Ministers who will enter this way, I dare not shun to communicat what light I have therin, though most unfit of many, and as averse as any from entering into a Contest wherin I am necessitat to differ from so many Reverend Brethren, whom I highly honour in the Lord, & who have deservedly been esteemed in the Church; yet I cannot but bear my Testimony against what sin & snare I see in this, as I would not partake of other mens sin; And shall in obedience to your Desire (if it may be of any use for futher information to yow or others who are carefull to keep themselves from the Contagion of this current Defection) speak alitle to this sad subject, and hold forth what Reasons do at present occurr to me against the giving or allowing to give that Bond for Ministers to obtain this new Indulgence: And in order thereto, I shall propose this method; 1. I shall lay down some Generalls previously to be considered; 2. a word to the Liberty granted to Ministers by the Civill Magistra…. 3. Some things by way Explication of the Bond. 4. Propose the state of the Question, & draw forth some Reasons for the negative. 5. Answer briefly to some Objections. And lastly for obviating Mistakes, I shall point at some of our Principles anent the Civill Government.
As to the First, I shall touch only upon such generall Considerations as are most conducible to my present scope of arguing against giving this Bond in the present Case. And 1. Let us reflect upon some Positions of the Reformed Government of our Church called Presbyterian, as: (1) This Government is not of a temporall or Civill nature, but purely spirituall, and to be exercised modo spiri…uali; and consequently, (2) It is a Government specifically distinct from & independent upon the Civill Government, and neither to be confounded therewith nor subordinat thereto, either in the power or exercise of the power. (3) This Government is not Monarchicall, save only in the Head Christ; Not Hierarchicall, or prelaticall; not Democraticall; not Magistraticall, nor Magisterial; but Ministeriall, & to be exercised in an immediate subordination to Christ as sole Head, King & supreame Governour of the Church & Instituter of this Government. (4) That this Government of the Church is to be exercised by a plurality of Compresbyters, or as wee use to say Communi consilio & consensu Presbyterorum, not by any single person (it is …iven Unitati non uni) nor at all by the Civill Magistrat. (5) That the tryall & judging of the Qualifications & fittedness of men for the Ministry, as also the power of Conveying a Licence to Preach, or the potestative Mission to the Ministeriall function (being acts of Ecclesiastick order and Jurisdiction) belong only to Church Officers in their Classicall or Synodicall Meetings. (6) As the tryall & judgin… of a Persons sittedness for the Ministry in generall, so the tryall & judging of Ministers Qualifications & sittedness for the exercise of their Ministry, to the best edification, in such or such a particular Charge or Congregation belongeth only to these Church-Officers. And therefore (7) the power of transplanting or loosing Ministers from one particular Charge & fixing them in another, is proper only to Church-Officers as an intrinsick act of the power. (8) As the power or office of the Ministry is given authoritatively from …esus Christ alone, who ascended on high and gave gifts to men, & this great gift of the Ministry unto the Church, to be conveyed by the Presbytery; so by the same Conveyance, he gives them the exercise & liberty to the exercise of the Ministry, (for it is frivolous in this case to distinguish between the Exercise & Liberty to the exercise, at least as to their Rise and Conveyance, as some doe) and therefore neither the office, nor the exercise of the Office, nor liberty of the exercise therof dependeth upon, and so are not subordinat to, nor to be begged from the Civill Magistrat. (9) That the Magistrat hath not a power or right to prescribe to, or impose upon Ministers (who are the Ambassadours only of Christ) Instructions, Rules, Restrictions or limitations, to regulate them in the exercise of their Ministry, especially when these Impositions proceed only from, & are founded upon the Magistrats assumed power & supremacy in Church-matters, & have no other ground or reason wherupon they can challenge Ministers their obedience & subjection thereto. And therefore (10) That Ministers are not accountable to the Civill Magistrate in the exercise of their ministeriall function, or in the administration of affaires purely spirituall & ecclesiastick, formally and primâ instantiâ.
A II. Generall consideration we may reflect upon, is: The supervenient Engagements & Obligations to God which ly & specially upon us of the Church of Scotland, by our solemnly sworn Covenants, for the maintenance & defence of this Presbyterian Government, & the rest of the work of Reformation in all the principles therof; And, that we shall without respect of Per…ons endeavour the extirpation of Popery, Prelacy &c. and whatsoever is contrary to …ound doctrine & the power of Godlines; And that we shall assist & de…end all these that enter in to this Covenant, in the maintaining & persuing therof, and shall not suffer ourselves directly nor indirectly, by what soever Combination, perswasion or terror, to be divided or withdrawn from this blessed Union; but shall all the dayes of our li…e zeallously & constantly continue therin, against all opposition; & promote the same according to our power against all letts & impediments whatsoever; and what we are no able our selves to suppresse or overcome, we shall reveall & make known, that it may be timely prevented or removed: &c. All which we shall do as in the sight of God. Which Covenant hath frequently been renewed in this Church, and the breach therof often publickly acknowledged, and we solemnly engaged again to the duties therin contained; as may be seen particularly in that Paper called A solemne Acknowledgment of sins & Engagment to duties, wherin we are expressely engaged, amongst other Errors, against Schisme, Scepticisme & Erastianisme.
A III. Generall to be Considered, is: The manifold Encroachments, Invasions & Usurpations made by the Civill Magistrat upon the Royall prerogatives of Christ, the Intrinsick previledges of his Church & the just freedom of his Ambassadours, by many iniquous Lawes, Acts & Edicts, especially of late, together with all their vigorous endeavours by open force & subtile Insinuations, to putt these lawes in execution, and to advance this designe of bringing the whole Ordinances of Christ, & Officers of his House in subordination unto, & under the Check, Censure & Regulation of the Civill Magistrat, and so put themselves in actuall possession of what is assumed and settled by law. Many Instances of their endeavours to this effect might here be given, especialy these late years by past; and of their too successfull prevailling by Church-mens ceding thereto, wherof I shall for present only give these following: the First relating to the Prelates… as (1) their altering of the Church-Government from what it was by Christ's Institution & the practice of the pure primitive times into a Government of Humane Invent…on & Lordly domination over the Lords Inheritance contrary to the word of God. (2) The Prelats were sett up & established, & the power of Ordination is conveyed unto them from the King, as having right by his Royall Office to all the externall Government of the Church. (3) The Kings giving them their Pa…ents impowering them to exercise that pretended Church-Office, making them accountable in all their Ecclesiastick Administrations to himself as supreme Governour of the Church. A Second Instance we have in reference to Presbyterian Ministers, as: (1) Turning them out of their particular Charges for not taking Presentation from the Patron & Collation from the Prelates: and for this Cause by Act of Parliament declaring their Churches to be ipso jure vacant. (2) Discharging them absolutely to exercise any part of their Ministeriall function within this Church. (3) Raising & dissipating all their Church-Iudicatories of Presbytries Synods & Gen. As…emblies. (4) In the matter of the two Late Indulgences to Presbyterian Ministers, wher…in we may take notice of severall grievous encroachments upon Christs prerogative & his Churches priviledges, as: (1), this Indulgence is granted and deduced from the Kings supremacy in Church-affaires, & conveyed by the Councill; as is clear from his Maj. Letter to the Councill wherupon the Indulgence is founded, and as the Narrative of the Warants given to the first Indulged, doe bear in these words, In pursuance of his Maj. Commands signified by his Letter of the 7 of Iune 1669, &c. (2.) The King by his Conncill doth nominat & elect according to his soveraign pleasure certain of the outed Ministers, as were judged by them most fitted & qualified, to be appointed, or readmitted to the exercise of their Ministry, and by that same power & pleasure excluding or passing by the rest as unworthy and unqualified for receiving that power or warrant, interdicting them any exercise therof under all highest pain. (3) By this Indulgence he fixes or admitts them to exercise the function of their Ministry in what particular flock & paroch he pleaseth to assign…, though under the notion of a Confinement. (4) He restricts them in the exercise of their Ministry to these particular Paroches, inhibiting them to preach else where in the Church. (5) With these Restrictions he gives them also severall Canons or Rules, to regulate & direct them in exercising their Ministeriall office. (6) All this is done without either advice or consent of the Church, or any of her Lawfull Officers, but at his Maj. sole pleasure as supreme in all Causes. (7) The Indulged Ministers have been frequently called & conveened before the Councill, to give an account, How they had observed these Injunctions which they had received from them, & severely rebuked, yea & some of them sentenced, by being silenced & deposed for alleadged disobedience to, or non-observance of the same; And this is done according to the tenor of the foresaid Letter, as in these words To turn them immediatly out in case &c. A Third Instance we have in all these severe acts & cruell Executions following therupon, against many other Ministers, for presuming to exercise their Ministry (though in a case of so urgent necessity, & upon so earnest Calls of the People) without that licence or warrant which was granted to the Indulged.
A IV. Generall previously to be considered, is: The faithfull, zealous, laborious & constant wrestlings & contendings, by manifold Testimonies, Protestations, Declarations &c. of our faithfull & worthy Predecessors, in defence of their foresaid Principles of Presb. Government, and their peremptory withstanding any thing which they perceived might in the least tend to bring the Government or Ministry under a subordination or accountablenes to the Civill Magistrat, faithfully & couragiously witnessing their resentment of any attempts tending that way, by their frequent dissentings & protestations against any acts or Conclusions insinuating such Attempts in Corrupt Assemblies, & against the very Constitution of some of them upon that account; & by their frequent presenting of Grievances to …he King… Councill & Parliament, yea & somtimes entering Protestation at the Cross of Edinburgh against proclamations declaring the King to be supreme Iudge in Church-matters, & that none should appeall from him & his Councill. Many such Instances may be produced: Neither have we wanted witnesses in our own time, both at the breaking up of the last Reformation from Prelacy, and also since the late Revolution & overturning of the work of Reformation, who have protested & given testimony against all such encroachments & usurpations: And though alas! we cannot produce any joynt Testimony under our hands, against all the horrid Invasions made upon our Royall Masters prerogative & his Churches Righ…s, since the last overturning; yet some have adventured to witness practically & pa…icularly against these usurpations & testified their maintaining of their Ministeriall freedom, who with blessed success under manifold hazards & hardships, have often ventured upon the publick exercise of their Ministry both in houses & fields, contrary to all these Law-Interdictions, without any licences or Indulgences from the Civill Magistrat, or coming under bonds to him; not out of any contempt o… his authoritie, but meerly out of the conscience they had o… an indispensable duty, That they might make full proof of their Ministry, in such a crying necessity of the Church, and that thereby they might also witness they held their Ministry from Jesus Christ alone their only Lord & Master, and their dependence only on him, both as to their office, ex…rcise of the office, & liberty to the exercise therof.
Thus having laid down these few Considerations, to be reflected on; it would seem to me, that any who would be at pains duly to ponder the same, needed no further argument to make the very name & notion of whatsoever Bond of surety required b… the present Rulers (& tha… as a Condition of admitting Ministers unto the exe…cise of their Ministry) most odious & detestable at the first view; and ye… mo…e odious, to engage in such a Bond as is now required; & most of all, …h…t the giving of such a Bond should be decided & decla…ed by a publick vote of M…isters to be lawfull & warantable. But now a word to the liberty.
As for Liberty i… generall, which Ministers have granted unto them by the Civill Magistra… …or the exercise of their Ministry, it may be considered either abstractly in it's own nature, o… relatively. 1. Abstractly or absolut…ly, it may be taken either positively o… negatively. Positively I understand i…, whereby the …ivill Magistrat (by vertue of his Magistraticall authori…y) doth C…mmand & al…ow all the Ministers within his Dominions freely to exercise their Mi…istry according to the word of God, for the edifica…ion of his subjects. Negatively as it is a bare permission, or rather a not-hinde…ing of Ministers to exercise their Ministry. 2. This liberty may be considered relatively; And that 1. as it relates to the lawes made against it. 2. To the Magistrat who grants it. 3. To the persons of the Ministers who accept it. 4. To the places of their Ministry. 5. To the Ministery it self, And 6. as it relates to this present Bond.
1. Then, as this liberty relates to the lawes made against it, it may be considered in a threefold sense: (1) as it is the totall removing & taking off of a Lawrestraint, that is, a rescinding & quite annulling such lawes & Edicts as are made in prejudice of it. (2) As it is only a suspending of the Execution of these Lawes (which is indeed a removall of the legall restraint pro tempore) and that during the pleasure of the lawgiver. (3) As it is simply a not executing of these lawes, which may be either out of neg…igence or Connivence; for instance the liberty which many Ministers have had (or rather taken) to preach since this …ate Indulgence, and yet have not given up their names to the Councill, nor found Surety according to the Proclamation: which three sorts of liberty may & ought (in so far as it is a liberty) to be embraced & emproved by any Minister of the Gospell.
2. This libe…ty may be considered with respect to the Magistrat who grants it, who (1) may either be an open & avowed Enemy to the work & people of God, or a profest friend thereto; If ane avowed Enemy, then the liberty granted is the more to be suspect, but cannot upon that only account be rejected, if in itself sinless: Or (2) may either have a good & honest design in granting such a liberty, or a wicked design therin: If an honest design, then the Minister to whom it is granted, ought to be so far from refusing the same, that the Granters good design (though the Granter otherwise be but corrupt) should rather be a motive to him to accept of it, the liberty being in it self lawfull. But if the Granter have a bad design & prejudicall to the Gospell in tendering this liberty, then either this wicked design is made known to the Accepter (whether the granter discover the same by his words, or declare it by his practice) or it is not: If the former, then either the effectuating of that evill design hath a necessary & inseparable Connexion with the accepting of the liberty, or the evill designe therof is such as may be prevented or removed by the Accepters: If the former, then I cannot see how such a liberty can without sin be embraced or bargained for, though otherwise never so warantable, and a protestation in this case would be but contraria facto: If the latter, then I conceive that the Accepter's protestation against that evill design, together with a practicall endeavour to defeat it, might in such a Case be a sufficient salvo to the Accepter's Conscience, the liberty being othewise lawfull. But if this wicked design of the Magistrat (the Imposer) be hid & latent to the Accepter, then I see not how he can refuse a liberty (otherwise sinless) upon this only account, That the Magistrat who grants it is suspected to have some evill design in granting it, when no such design is made apparent; for in such a Case I suppose it sufficient, that the Accepter endeavour what in him lyes to obviat & dissappoint whatsoever wicked design can be pretended or supposed, & particularly that which the Granrer is suspected to have in granting it.
3. As this liberty relates to the Persons of the Ministers, it may be Considered either as it is extended to all without exception, or as it is denyed to some: If it be denyed to some (as in our case it is to many) and these too who have been most faithfull, usefull & successefull in the work of the Ministry in the Church, and upon which very account they are deprived of it, because they have been such; then I humbly apprehend that the tampering for, or accepting of it wold be an active concurring with the wicked design of the Excepters, in debarring such usefull Instruments (though never so few in themselves, or despicable in the eyes of others) from the free exercise of their Ministry to the manifest detriment of the Gospell, & consequently sinfull: an active concurring I say, because an active consenting to a bargain made up of such sinfull Conditions, whereof this is one That so many Eminent Ministers must be debar…ed from the foresaid Liberty; and it is to be judged an active consenting, in so far as the termes & conditions are accepted, the bargain actually complyed with & acquiesced in by the Accepter, without any Protestation against the depriving of others of this liberty, & the evill design thereby intended (which yet wold seem to be but a Protestation contradicting the practice, 1. Because all these sinfull Conditions & Restrictions are inseparably interwoven with the liberty granted in the Proclamation, unto which the Bond must be conform. 2. Because ther is no obtaining of this present Liberty, but as it is tendered by the Councill, that is, as it is complex of all these sinfull Restrictions, of which the forementioned is one) for in this case he is to be holden a Consenter that is not a Contradicter, as is clear from the like Numb. 30:14. Where the Husband confirmes his wise's vowes by holding his peace, or not contradicting and protesting against them. If this Liberty be extended to all the Ministers alike, then let it be considered
4. As it relates to Places; and thus it is either extended to all & every place within the Magistrats Dominions, or it is restricted to some only: If to some only, then it is clear that it ought upon …his very account to be refused, in as much as the good of the whole, though attended with some externall hazard & Inconveniences (as in our cafe) is alwayes to be preferred to the good of a part only, which may be obtained without that hazard or inconvenience. If extended to all places alike, then it is either with a confinment of evry Minister to a particular parishonall charge, or it is without such a Confinement; If with this confinement, then it is sinfull to accept of it, & that for two Reasons chiefly: (1) Because although all the faithfull Ministers in Scotland (& Licentiates too) were every one of them fixed & restricted to a paroch, I suppose that notwithstanding therof, many paroches should be vacant of such pastors. (2) Because thereby Ministers would be utterly debarred from the exercise of Church-discipline by Presbyteries & Synods, as also incapacitat for ordaining a succeeding Ministry. If this liberty be extended to all places without any such Confinement, Then
5. If we Consider this liberty with refere…ce to the Ministry it self, It is either granted with some sinfull Impositions (and tha… either as to Doctrine or Discipline) or it is not: If the former, then such a Liberty cannot be accepted without sin especially when these sinfull Impositions do immediatly concerne & qualify the doctrine of the Ministry, as in our case.
6. This liberty ma… be considered as it relates to the present Bond the giving of which is the very Condition of obtaining the same: And thus we are to look upon it as a Complex busines i. e. as it is complicat with all these evills and Inconveniences that are either exprest or implyed in the Bond it self & the proclamation wheron it is founded & to which it is said to be conforme; and so it must be most sinfull to embrace the same, as shall afterward be made out. And whether a Liberty in this last sense ought not more properly to be termed a slavery, & bondage then true Liberty, let the un-prejudicat determine from what hath been already, & shall afterward be said.
I come now to speak of this particular Bond for Ministers which is required by the Councill, and allowed & voted to be lawfull by the late Convocation of Ministers. (But by the way I cannot pass, how that it hath been by severall observed (not without Reason) That the Imposers of these Bonds do scarse let one year pass without imposing some engagments or other upon the presbyterians, somtimes they are more obviously gross, sometimes more seemingly smooth, sometimes they are tendered more generally thorow the Kingdom, sometimes imposed upon particular shires; And all this is carried on sometimes by Craft & cunning, sometimes by force & Cruelty: Doubtless it is not the least part of their design, hereby to make Oaths & Bonds become a triviall & common thing, & by frequent renewing of them to make the presbyterians, men of as capacious Consciences as themselves; And it is sadly to be feared, or rather regrated, that they have gained too much of this design allready) And lest ther may arise any mistake about the termes therof or that it should be represented either to the better or to the worse, I have thought fitt to give you here the just & genuine double of it, which is as followeth.
We — for as much as upon an humble petition given in to his Maj. Privy Councill by — they have granted to them — to preach and administer the Sacraments in the Paroch, of— conform to his Maj. Proclamation of the 29. of June last; and a Line under his Royall hand upon the 11 of July last Upon their giving Caution to the effect underwritten That is to say Wee — bind & oblige us conjunctly & severally our Heirs & successors that the said — shall live peaceably. And in order thereto we bind & oblige us to present him before his Majesties Privy Councill when we shall be called so to do And in case of failzy in not presenting him we shall be lyable to the summe of six thousand merks.
There are other Copies also of this Bond, which in stead of the terme granted (that is here used in this copy) some of them have allowed, some given Licence; and withall they make mention of the Proclamation as gracious, which how truely it may be termed so, may justly be doubted, if there be any truth in the received maxime, That Bonum oritur ex integra Causa malum vero ex minimo quoque defectu. But seeing this which I have here inserted is the just double of that which was presented to the Ministers at the foresaid late Assembling, and upon which the Vote did pass I shall hold my self by it.
This Bond may be taken up in these two 1. The Narrative, 2. The Obligatory part. In the Narrative are mentioned 1. an humble petition given in to the Councill by the parishoners for such a Minister as they have called to such a paroch. 2. The Councill's Granting of the said petition, which Grant consists of these five. (1.) they grant the Minister. (2.) to preach & administer the Sacraments. (3.) in such a particular paroch. (4) conforme to his Majesty's proclamation & Letter. (5) upon their finding of Caution, &c.
As for the Petition, it seemes chiefly to import 1. That the people's calling of the Minister, their petitioning of the Presbytery, & their obtaining him from them, is hereby counted insufficient for his being admitted to the exercise of his Ministry, untill the Magistrate first be supplicated for it, & his Consent obtained thereto; And therefore. 2. That the way they took forme…ly to invite & call Ministers (at least since Ministers were outed) hath been irregular & dis-orderly. 3. That they ought not henceforth (seeing they look upon this new mode of calling Ministers as their present duty) so long as matters continue thus ci…cu… stan…ia… To receive or permit such Ministers to exercise their Ministry among them as doe not enter by this De novo damus. As to the 2. Part of the Narrative which is the Councills granting the petition, whereby I. They grant such a Minister, it imports (1) That Granting or authoritative giving of Minis…ers to the Church, & investing them with power to exercise their Ministerial office, doth not belong properly primarly & solely to Christ as being the alone Head of the Church, nor to a Church-Iudicatory in subordination to him, nor to be conveyed to the Ministers in an Ecclesiastick way, But must immediatly be conveyed to him from the Civill Magistrat, & that in a Civil way. (2) That it supposeth, yea and giveth to the granter an au…hori…ative & definitive power to cognosce upon, judge & determine, & that primâ instantiâ who are worthy & qualified, & who unqualified for being admitted to the exercise of the Ministery. (3) It yeelde…h to the Civill Magistrat a power both Accumula…ive and p…ivative in matters purely Ecclesiastick, viz. a power …o grant or not to grant (as he pleaseth) such Ministers a Licence to exercise their Ministry, as are bo…h qualified for, and also already ordained in that Function. II. To preach & administer the Sacraments: which yeelds to the Magistrat (beside what we have observed in the former) a power to separate & divide the Essentiall parts of the Ministeriall function, & enjoyn the Ministers so to doe; for by the Proclamation and Councill's act, the Ministers who accept of this Indulgence, have Licence only to preach & administer the Sacraments, so that what they wold seem liberally to give with the one hand, they sacrilegiously robb with the other. III. In the paroch of &c. which supposes (1) That the Minister hath no power nor legall right to exercise his Ministry save in that particular Congregation to which he is assigned by the Councill. (2) That the Magistrat ha…h power to dissolve and annihilate the old …y & relation betwixt Pastor & Flock, & to make up a new one at his pleasure; and conseq. (3) Th…t the power of fixing, planting & transplanting of Ministers is not the proper & inherent Right of Church-Iudicatories. IV. Conforme to his Maj. Proclamation &c. Whence it is manifest That as the Councill's Grant or Licence, so the Parishoners petition, the Cautioners bonding for the Minister, as also the Ministers accepting of the Liberty therupon must be conforme to, and so a complying with & acquiescing in all these evills (in so far as the termes are thus proposed by the Granter, & without any reluctancy, or Protestation, accepted by the Receiver) that are inseparably connected with the said proclamation, such as: (1) The many bitter invectives against field Meetings in the Narrative therof, and a positive Condemning all such as Rendezvouzes of Rebellion &c. (2) Ane absolute Interdicting of any such Meetings for the future under highest pain. (3) Restricting the faithfull Ministry of Scotland to the south side of Tay only, excluding many other places also within the said bounds from this liberty. (4) Excluding all these Ministers who are suspected by the Councill to have been at the late Rising in armes. (5) All these also who shall afterward be admitted by non-conforme Ministers. (6) No liberty granted for the exercise of Church-discipline, or ordaining others to the work of the Ministry &c. V. Upon finding caution &c. Where observe (1) That the Councill looks upon the Ministers as persons so naughty or infamous, that they are not worthy to transact with in this affair, at least immediatly & in their own Persons, but they must have others of more credit & Respect to represent them, undertake for them, & make up the bargain in their name & favours. (2) That the Ministers are men of so pernicious & profligat principles, That they will make no C…nscience to performe their duty to their superiours (such as peaceable living is acknowledged to be both by the Giver & Receiver of this Liberty) unless they be either allured thereto, partly by the benefice of a set stipend from the paroch, partly by the promise of externall peace & protection from the Councill; or else overawed thereto, either by the …e…ror of the Councill, or …ear of hazarding the Cautioners paying the penalty.
In the Obligatory part of this Bond, I find the Cautioner is obliged to four things in reference to the Minister: 1. That he shall live peaceably: 2. In order thereto, he shall present him to the Councill when called so to do: 3. In case he failzie, he shall be lyable to 6000 Merks: And 4. he obliges (with himself) his Heirs & successors to all these. In all which we may observe this in generall, That there is here not only a reall or virtuall, but a formall, yea explicit Compact or Transaction between the Magistrat on the one hand, & the Minister & his Cautioner on the other; each of the two Parties to performe something to the other, but with this difference, that what the Magistrat is to perform, he pretends to do it out of mere condescendence or indulgence to the other party; and therefore challengeth to have the termes of the bargain in his own framing & proposing; wheras the Minister & his Cautioner being subjects to the Magistrat, are presumed to performe their part as a duty, which they owe to their Magistrat, and are bound by the word of God to perfo…me antecedaneously to this, or any other supervenient bonds of this nature: The Magistrat on his part, grants to the Minister a liberty or licence to preach, and that upo… such & such Conditions as himself is pleased to propose; the Minister again on his part (or the Cautioner …or him) engages to fulfill these conditio…s: And so the bargain is aggreed upon & concluded by them both, & a Record therof taken, & put up in the councill books to be keept ad futuram rei memoriam.
The First thing then that the Cautioner is obliged to by this Bond, is, That the Minister shall live peaceably, or (as it is exprest in the proclamation to which the Bond is said to be conforme) That he shall not preach Rebellion, schism nor Heresy. Now though the te…mes seem very smooth & plausible, and if some ought to be beleeved, are so plain, obvious & unquestionable, that they can hardly be lyable to mistake, or exponed in a sinistrous sense; yet after a litle inquiry it will appear that they are most ambiguous, & co…sequen…ly fallacious when so generally & indefinitly proposed (as in this Bond:) for peace or peaceable living may be considered either, (1) In it's nature and quality: and thus it is many wayes distinguishable, as: Peaceable living in a naturall or Morall sense; Civill or Ecclesiastick; Spirituall or Carnall &c. And so according to every particular state or condition that a man can be in, may peaceable living be distinguished.
Or 2. As it relates to it's Objects, which may be either (1) Persons, as God, Angels, men, devills, superiors, Inferiors, Equalls… saints, sinners, ourselves or others &c. Or (2) Actions: Or (3) Things; and both, either good or ill; all which to number were infinite.
Or 3. it may be Considered with reference to it's Rule, which may be either the Word of God… Light of Nature, Laws of the Land, prescript of Reason, pleasure of the Rulers, Common Custome &c.
Or 4. With respect to it's Circumstances of Time, place, persons &c.
Or 5 With reference to it's native Consequents or Concomitants, which may be either in generall the edification of the Church & Propagation of the Gospell, or the prejudice & dis-advantage of both; or in particular, may be either the Confirming of the Godly, Convincing & reclaiming of the wicked, or the grieving & offending of the …odly, & hardening of the wicked &c.
Or 6. In al… or any of these Respects it may be either Universall & Absolute, or Restricted & definite; And accordingly either lawfull or sinfull.
I shall not at present insist to make a particular application of these, or the like distinctions to our present case, but this only in short, that peacea…le living ought to be considered with respect to the whole Complex state of affairs wherin it is required. However in generall Peaceable living imports in it something Positive, & something Negative: Posi…ively, it may be described thus; submissively to acquiesce in, & rest satisf…ed with that (whether it be persons, courses or things &c) about which it is to be exercised. Negatively, it imports this, no ways to contend with, oppose or testify dislike, or abhorrence at that or these Persons, Courses, things &c. about which it is to be exercised. And now as to our present Case, let us enquire what sort of peaceable living it is which is required in this Bond? 1. It must either be Generall & indefinite, and so abstracted from all, & restricted to no particular & determinat sense. Or 2. it must be Universall & Absolute, & so comprehensive of all & every sense that the termes are capable of. Or 3. It must be understood in some particular, determinat & limited sense. The first it cannot be, Because To live praceably is here enjoyned in such a sense, as therin it is possible to give obedience; but it is altogether impossible to live peaceably abstractly from, & without having a respect to some particular sense or other; Therefore to live peaceably is not enjoyned by the Councill in such a generall, indefinit & metaphysicall sense as excludes all & every particular sense. If the 2. then, besides that it is sinfull to engage in such a Bond (as afterward is proven Arg. 4. of the 1 Head) it is ridiculous & absurd to enjoyn peaceable living in such a sense, and as absurd to engage thereto in that sense; Because the termes thus taken are capable of, & lyable to senses, both contrary to, & utterly inconsistent with one another. But 3. If this peaceable living be enjoyned in some particular, determinat & limited sense (as it must needs be, if it be not nonsense) then our next enquiry is to know what is that particular & determinat sense of the Councill or Imposer: and this we may easily know by their sense of Rebellion, Schism & Heresy (for the termes are equivalent, viz. not to preach Rebellion, Schisme nor Heresy, as in the Proclamation, and to live peaceably, as is exprest in the Bond; this being a compendious positive of the other negative) which they have a…lways declared, both by their publick Acts & Proclamations, and also by the whole series of their procedour against the Presbyterians, to be such as thereby they directly condemne many points to be Rebellion, Schism & Heresy which the Pres…yterians hold to be necessary Duty, & sound doctrine, such as these: 1 To preach the iniquity of the Parliaments Declaration & other the like Bonds imposed upon Presbyterians, or to assert the perpetuall obligation of the Covenant, & the breach therof to be perjury in the highest degree both against God & man. 2. That we are bound every one of us in our capacity & station to adhere to, & defend all the Articles & heads of these Covenants. 3. To assert the divine right of Presb. Government, & the unlawfullnes of prelaticall & Erastian. 4. That the prelats & their Curats are manifest Intruders, & tyrannically obtruded upon other faithfull men's labours without the Churches advice or Consent. 5. That it is lawfull & a necessary duty for outed Ministers to continue in the exercise of their Ministry, and that it is the peoples duty to hear & own them for their only lawfull pastors, and that notwithstanding of all the Law-Interdictions to the contrary. 6. That Jesus Christ is the alone Head & absolutely supreme Governour over the Church in all causes spirituall & Ecclesiastick… and that it is an high Usurpation and insolent Invasion upon his Royall Prerogative, for any man or mortall to arrogate unto himself either title or office of the same. 7. That all the persecution which hath been inflicted upon the presbyterian Ministers and Professors these 17 or 18 yeares, for witnessing their adherence to the work of Reformation & refusing to comply with… or subject themselves to Prelacy or the usurped Supremacy over the Church, hath been a haynous sin against God, and horrid cruelty against his people: And many moe of this nature. In short, I take peaceable living, or not to preach Rebellion Schism nor Heresy, as it is now required & imposed by the Councill, to be upon the matter this viz. To refrain from reproving, testifying against, or any ways opposing such Courses (whether sinfull or lawfull) as are authorized or allowed by the Laws o… Example of our present Rulers… or the persons (whether supreme or subordinat) who carry on the same. And consequently to be altogether silent as to the avowing such duties, or rep…oving such sins as are in controversie between the Presbyterians & the presen… Erastian Papistico-prelatick Party, such as these Presbyterian points above-me…tioned.
But it is like some will say, That his Maj. & Councill allowing Presb. Ministers liberty to preach, doth eo ipso tolerat & allow them to preach & pro…esse their Presb. Principles, and consequently That the Councill's sense of peaceable living is not to be interpreted according to their former Acts and Proc…amati…ns against Convent…cles which are n…w dispensed with, but accor…ing to the presbyterians own sense therof. The st…ength of this objection seemes to consist chie…ly in these Two: 1. Because the lawes of the land are as directly & expressely ag…inst House-meetings simpliciter as they are against the Covenant & other controverte… Truths preached at these Meetings, so that a dispensation for the one (viz. House Meetings) doth necessarly import & inferre a dispensing with the other, viz. preaching of these controverted T…uths. 2. Because it is scarce imaginable that the Rulers or any rationall man should impose a Bond (& that by way of favour) upon Presbyterian Ministers, the termes wherof are known to be contrary to their Presb. Principles (which this Bond wold certainly be if understood according to tho foresaid acts) at least that they could in reason expect that the Presbyterians should ingadge in such a Bond, & yet continue true Presbyterians.
Answer 1. If this Consequence be valide… The Magistrat allowing Presbyteria… Ministers liberty to preach, doth eo ipso allow them to preach their Presby…erian Principles; then this must be as valide. The Magistrate granting liberty to Presbyterian Ministers to exercise their Ministry, doth eo ipso grant them liberty to exercise their Presbyterian Government, & ordain Presbyterian preache…s (both which are essentiall partes of that function) which is false; fo… they have no liberty or allowance, either by the proclamation or Bond to exercise these two parts of the Ministry, and if they get leave to exercise them, it is rather by Connivence then Allowance. 2. As to the Acts made against Presbyterian House-meetings, there is ane expresse suspending of the execution of them, and that by virtue, of a power reserved to his Maj. by 5. Act. sess: 2. Parl. 2. Wheras touching other acts made against many of the Presbyterian Principles or preaching of them, there is no such suspension as yet obtained, neither doth any of them reserve to the King such a power, and so he cannot in law doe it without a parliament. But 3. I suppose what may be said here as to Presbyterian Ministers their liberty to preach their Presbyterian Principles, the same might have been said also of the Liberty g…anted by the former Indulgence; But it is well known, That some Presby…erian Ministers then Indulged were processed as Rebells & Traitours for preaching their Presbyterian Principles, particularly Mr. William Weir, who for asserting the obligation of the Covenant, & preaching against the supremacy, was turned out by the Councill's Order. 4. Since the proclamation for this new Indulgence, there comes forth another July 27. containing ane Indemnity to these who were at the late Rise; In which proclamation (after many exceptions from the said Indemnity) it is injoyned as ane expresss Condition of enjoying the benefite of the said Indemni…y. That if ever they shall be at any field Conventicle (though the necessity were never so urgent, as probably it may be) the said Indemnity shall not be usefull to such Transgressours any manner of way. In the same proclamation also it is expressely Commanded, To pursue & punish with all the severity that law can allow all such as shall afterward threaten or abuse the Orthodoxe (i. e. the Corrupt) Clergy; And i…'s very probable, that hereby they no less discharge Ministers to threaten them by denounceing God's just judgment against them then any other persons to threate… or abuse …hem by externall violence nor murmur against their Iudicatures or Officers (and if but Murmuring must be so severely punished, how much sharper punishment must be inflicted upon them who publickely preach against these & testify against their enormities?) Or shall make, publish, print… or disperse libells or pasquills, these being the fore runners of all Rebellions; Now by these libells & pasquills we cannot but understand chiefly such Presbyterian Principles as are emitted to the publick against Prelacy, Perjury, Erastianisme &c. so that hereby the preaching of Presbyterian Principles in opposition to these will not be allowed nor tolerate. But 5. & chiefly I wold gladly understand in what sense Schism (which Ministers by this bond are ingadged not to preach) is to be taken, if thereby be not meaned a separating, or keeping our selves a distinct body from the prelatick & Erastian party then which nothing is more consonant to presbyterian principles; For that by this Schism is understood a separating from popery or any other sect …nconsistent with the protestant Religion the Imposers thems…lves will not affirme, unless with the same breath they …ffirme also that they are no friends to the protestant Cause & Interest. To the 2. Reason of this Objection, It is scarse imaginabile &c. I Answer 1. Whither it be imaginabile or not to some who are byassed or blinded with self-interest or prejudice, yet it is very palpable to the most seeing & serious That the termes of this Bond as imposed by the Councill is contrary to Presbyterian Principles, as shall afterward at more length appear. 2. Although he Magistrat when he imposes this Bond, doth not expressely declare that his sense of the termes therof is contrary to Presbyterian Principles, or that he requireth obedience in that sense; yet it is true & undenyable, that the termes therof doe admitt of, and are commonly taken in a sense contrary to Presb. Principles, as also that that sense is the sense of the Magistrate (though not declared by him to be such at the imposing of the Bond, yet alibi it is, as might be made out particularlie by produceing such acts & proclamations as have been made against the presbyterians, & are not as yet legally suspended) yea, & that that sinfull sense of the Imposer is also the sense of the Ingadger, as shall further appear in the Arguments adduced against this Bond And therefore 3. The Imposers of this Bond doe coutch and cover the same under such generall & ambiguous termes as may admitt of a sound eneugh sense even according to the Presbyterians themselves; wheras if they had roundly declared their own sinfull sense therof at the imposing of it, it is probable that the Presbyterians had more universally startled at it: And herein the meanest Capacity may ea…ily discover the deceitfull designe both of the Imposer & Ingadger; o… the Imposer, to lead the poor Presbyterians into a snare, by the generality & ambiguity of the termes, & by a baite busked up with smooth & plausibe words make them swallow down hooke & all; and of the Ingadger, in that whenever he is justly impeatched, as relinquishing his Presbyterian Principles by this Bonding, he may be alwayes ready to make his Retreat to this (viz. that the termes are generall and admitts of a sense consonant enough with his Presbyterian Principles, & that he hes ingadged only in that sense) as a Refuge & Cloak to cover his Anti-presbyterian Complyance.
Having thus cleared what the Councill's sense of peaceable living and of Rebellion Schism & Heresy in reference to the Presbyterians, is; as also that that sense of theirs is to be known by such Acts & Edicts against the presbyterians as are not legally suspended, I shall indeavour nixt to make it appear that the termes of this Bond are to be understood only in the Conncill's sense, & shall for present satisfy my self with this one Argument: Rebellion Schism & Heresy (& on the contrare peaceable living) which Ministers by this Bond are ingadged not to preach, is to be understood in that sense wherin the Ministers have formerly been guilty therof; But only in the Councill's (or Magistrat's) sense have the Ministers been formerly guilty of Rebellion Schism & Heresy; Therefore only in the Councill's sense is Rebellion, schism, Heresy & peaceable living to be understood; and by Consequence, this Bond doth oblige the Ministers to live peaceably, or not to preach Rebellion Schism or Heresy only in the Councill's sense, of which more afterward Arg. 7. of the 1 Head.
The 2 thing in the Obligatory part is the Cautioners binding him self in order to the Ministers peaceable living. That he shall present him when called so to doe: Where we see 1 That he binds absolutely for the Ministers peaceable living, for in order thereto he obliges himself to present him when called, which is nothing else but to give the Councill full assurance That he shall live peaceably. 2. That he is bound to deliver up the Minister to the Councill when called so to doe, though the Minister live never so peaceably; for it does not run thus. That he shall present him when it shall be verified that he ha…h lived unpeaceably, but thus That he shall present him when called so to doe. 3. That this obligation is imposed by the Councill on the Cautioner as a terror & aw-band both to Cautioner & Minister; for the Councill will easily suppose That ere the Cautioner should be instrumentall in persecuting his Minister by presenting him or before that the Minister putt himself in hazard of falling into their hands, both Cautioner & Minister will rather doe all they can to live peaceably according to the Bond, & so prevent the Councill's displeasure and their own paying of the penalty.
The 3 thing in the Obligatory part of this Bond is, That the Cautioner shall be lyable to the payment of the soume of 6000 Merkes in case he failzie & not present the Minister when called for. Where observe That the two last obligations are corroborative of the first: 1 The Cautioner is absolutely ingadged that the Minister shall live peaceably. 2 In order thereto (or for corroborating therof) shall present him when called. And 3. in case of failzie (or in Certification that he shall no… faill, but shall certainly present him when called) he shall be lyable to 6000 merkes. As for Instance, If the Magistrate should require me to ingadge to performe some Civill duty unto him which I am bound in my station & capacity to doe, I therupon offer my self absolutely …o ingadge upon my honest word to performe it (I suppone also that the Magistrat's defigne is to have me absolutely ingadged thereto) But because he layes no weight upon, nor gives any credite to my bare word & promise (having possibly offended him formerly by alledged delinquencies) and so apprehends …hat he hath no security or assurance that I shall performe the said duty (which duty he will by no meanes dispense with my non-performance of) Therefore in order thereto that I may not cheat him, but performe what I'm so absolutely ingadged to, for a Corroborative & Assurance therof, he enjoynes this for a Certification, That in case I failzie (or lest I faill & not performe my Ingadgement) I shall be lyable to a great penalty. Will any Lawyer or Divine call this ane Alterna…ive Bond? So in out present Case. If it be said that the Cases are not parallel, because in the one the principall obligation is lawfull, in the other (viz. to present …he Minister to be persecute, or to ingadge to live peaceably in the Councill's sinfull sense) i… is not; I Answer 1. It is both lawfull & a duty of the Ingadger as to the Imposer, and he imposes it as such, and so it is not Alternative as to him, nor imposed by him as such. 2. If the Ingadger look upon it as unlawfull & alternative, then (1) he doth at best but juggle wi…h the Imposer & cheat him. (2) He thereby confesses That he takes ane Alternative Bond wherof one of the Alternatives is unlawfull; both which to be sinfull shall afterward be proven. If it be further said; That the Cautioner doth not oblige himself by ane absolute Ingadgement that he shall pay the 6000 Merkes, and consequently That this is ane Alternative Ingadgment, wherof both the Alternatives are put in his power (to wit either to present the Minister or pay the penalty) which of them he pleases to chuse. Answer 1. That the Cautioner doth not oblige himself absolutely to pay the penalty, I grant; but that Therefore this Ingadgement, to pay the penalty is Alternative, I deny: Because, it is neither properly Absolute nor Alternative, but merely Conditionall, as the very termes In Case (or on Condition) he failzie &c. doe hold forth. And it is one thing to say, I ingadge either to performe this Or that, and another to say, I ingadge to performe such a thing, and in case of not performing it, to underly a penalty or punishment: for in the fo…mer both the Alternatives are put in the Binders choice, & left arbitrary to him, and the one Alternative is no more determinatly enjoyned by the Imposer then the other: But in the Latter (for instance when the Cautioner ingadges to present the Minister, & in case of failzie to be lyable to 6000 Merks) the penall part of the Obligation is imposed upon him as a punishment for not performing the P…incipall part therof, & is only a secundary & subordinate obligation in respect of the principall, and to have place only upon Condition of the breach therof; wheras Alternatives as such are not subordinate the one to the other, but both equally proposed by the Imposer, neither is the one imposed as a punishment for non-performance or breach of the other. But 2. Howsoever it may be supposed That to present the Minister or pay the penalty is Alternative upon this account, That the Cautioner by performing of the one is thereby free from the obligation of the other; yet (besides that it is questionable in our present Case, whither the Cautioner by paying the penalty, shall be eo ipso liberate from his obligation for the Ministers peaceable living & presenting of him when called) sure I am that this Bond is not proposed formally & explicitely in Alternative termes (& so not to he understood such, nor ingadged unto as such) if w… but consider the true nature & definition of Alternative promises (or Ingadgements) that is given by Lawyers, which is: Alternativa promissio est, cum duo vel plura sub disjunctione (v. g. cum dicitur aut hoc aut illud) promittuntur cujus natura haec est, ut utrumque sit in obligatione, quamvis solutione unius tollatur tota Obligatio: that is, Ane Alternative promise (or engadgement) is, when two or moe things for instance when it is said Either this or that are disjunctively (or severally) promised, the nature of which is this, that both (to wit the Alternative parts) are in the obligation, although by performance of either, the whole obligation ceaseth.
The 4. & last thing to be noticed in the obligatory part of this Bond is, That the Cautioner doth bind his Heirs & Successors together with himself to the fulfilling of all these 3 parts already mentioned & explained. The Inconveniences of which I shall afterward only touch in the 8. Arg. of the 3. Head.
The termes of the Bond being some way explained in so for as is conducible to the purpose in hand, I shall nixt in prosecution of my Method propose the state of the Question thus: Whither in the present Circumstances of the Church of Scotland, it be lawfull & a necessary duty for the faithfull Ministers of Christ there to give bond to their present Rulers, in order to obtain liberty to preach & administer the Sacraments in such & such particular paroches, That they shall live peaceably; Or for others in their name & behalf to bind to the said Rulers, for their peaceable living, presenting them when called so to doe & in case of failzie to underly a great penalty? Or shorter thus: Whither Ministers (or Cautioners in their behalf) may lawfully give the present Bond required by the Councill? And the Negative I sustain, and shall indeavour to evince by Reasons taken from a threefold Head (with all due reverence & respect to these who concluded they found no Reason why it might not be given) 1. From it's more direct & immediate Sinfulnessesse, 2. From it's Scandallousnes. 3. From it's native & necessary Inconveniences.