The Banders Disbanded, Part 1
First therefore from it's Sinfulnes I may argue thus.
THat Bond cannot be given or allowed to be given with a good Conscience which is Vinculum Iniquitatis, a Bond of Iniquity, or a sinfull Bond. But this is such a Bond: Therefore it cannot be given or allowed to be given, with a good Conscience. That a sinfull oriniquous Bond may be given with a good Conscience, no Conscientious man will affirme: But that this Bond is ane iniquous and sinfull Bond, may appear from the Reasons following.
And 1 (not to make a repetition now of what evills we have already detected in Explication of the Narrative of this Bond, which the Obligatory part hath so neer a relation to & close Connexion with, as above) That Bond which presupposeth, yea necessarly prae-requireth (for without previous petitioning there is no access for bonding in our case) the making of a sinfull Adress to the Councill, must be sinfull; this I suppose none, either in Reason or Conscience can deny: But that it is a sinfull Address which is prae-requisite to this Bonding, I prove: 1 To supplicat the Councill for that which otherwise may be had with more advantage to the Church and advancement of the Gospell, is to make a sinfull Address: But that to supplicat the Councill for this new liberty, is to supplicate for that which may otherwise &c. I prove. If greater liberty (both extensively considered in reference to places & intensively to Truths preached) then what is yet tendred by the Councill may be had without supplicating the Councill, Then &c. But the former is palpable from the daily experience of all these Ministers who with out any warant from, or dependence upon the Councill, have hitherto & yet doe exercise their Ministry (though I grant not without some seeming externall hazard & Inconveniences, which yet are not comparable to the manifold Inconveniences which attend this way of bonding, these being sinfull (as is afterward proven at large) & the Minister active in bringing him self into them, in those it is not so) either in Town or Country, or wherever in providence they are called, and who have therin had such signall proofs of God's contenancing their Labours, & protecting their persons (some of them to the astonishment of all) from the harme & fury of the Oppressor & such as thirst after their blood, that even a very reflection therupon may be sufficient to frighten any Man o… Minister of the Church of Scotland …om such untroden & in…rapping paths. 2. If the Councill's Grant of this Liberty upon the giving of this Bond, be many wayes manck & mutilate, as also implicate with many sinfull Restrictions & Impositions… then it is sinfull to supplicate the Councill for the benefite (or rather bondage) of such a grant…, And the reason is, because it is …infull o supplicate for that which is sinfull. But the… Co…ncill's Grant is sinfull (as is cleared above in Explication of the Narra…ve) Ergo &c. 3. Such a petition as putts the Civill Magistrate not only in the place of the Presbytery, but above all Church-Iudicatories, and that in Church-matters, is sinfull: But the petition praerequisite to this Bond is such: Prob. A petition that yeelds to the Civill Magistrate the power of imposing upon Ministers Instructions & limitations prejudiciall to the Church & propagating of the Gospell, a power to cognosce & authori…atively judge of Ministeriall Qualifications, as also a power to censure, silence or depose them at their pleasure, and that primâ instantiâ, such a petition, I say, doth put the Civill Magistrat not only in the place of, but above all Church-Iudicatures. But this petition is such (as is partly already & partly afterward shall be cleared) Ergo it is sinfull.
2. If the Councill's Act or Gra…t, the parishoners petition for that Grant be sinfull, then the giving of this Bond (which is the very accomplishment of both …hese, & the immediate end for which both Grant & petition are calculate) must be much more sinfull: But both the Councills Grant & parishoners petition is sinfull, as is already proven: Therefore the giving of this Bond must be much more sinfull.
3. It is sinfull for any Man to oblige himself to doe that which is impossible for him to performe: But the Cautioner by this Bond obligeth himself to doe that which is impossible from him to performe; Therefore it is sinfull for him so to oblige himself. That the Cautioner by this Bond obligeth himself to that which is impossible or impracticable to him, is clear from the termes of the Bond, which is, That the Minister shall live peaceably. Now seeing every Man is Master only of his own proper, personall & voluntary acts (such as to live peaceably is to the Minister in this case) How can the Cautioner oblige himself for the Ministers peaceable living, with out obliging himself to that which is impossible for him to performe, seeing the Minister is neither …nder the Cautioners dynamis no… exu…ia; i. e. the Cautioner can neither constrain him by force, nor command him by authority, but at most can only deal with him by morall swasion or intreaty to live peaceably, which the Minister may either doe or not doe as he pleases to determine, or thinks convenient.
…. It is a sin to ingadge in a Bond, wherin the matter ingadged unto is held forth in such generall & ambiguous termes as admitts of various, yea & contrary senses: But that this Bond is held forth in such termes, is cleared already in the Explication, & is obvious to the meanest capacity. And therefore it is a sin to ingadge in such a Bond. Now for a man to ingadge in a Bond, the termes wherof (as they are proposed) are lyable to a sense contrary to & inconsistent with the known sense of the Imposer, and yet not to signify to the Imposer in what determinat sense he ingadges, or that he does not ingadge in a sense inconsistent with that of the Imposer, what is it else but to juggle & deceive? But more particularly.
5. Seeing the termes of this Bond (to live peaceably) are acknowledged to be so generall & lyable to various & contrary interpretations, then he who thus ingadges, does either ingadge to live peaceably in a generall, abstracted & metaphysicall sense, or to live peaceably in some particular & determinat sense. The former it cannot be, for that is not intelligible, yea altogether impossible, viz. to live peaceably abstractly from any particular Consideration of, or respect to particular persons, Actions, manner of peaceable living & other Circumstances. If the Latter (as indeed it must be, seeing a determinate sense of words is the very soul & substance of words) then by this Bond he is either obliged to live peaceably in the Imposers which is the sinfull sense (as is formerly cleared) or in another sense inconsistent with that of the Imposer If the former, then questionlesse it is sinfull to ingadge in such a Bond: If the Latter, then it must be deep dissimulation (& consequently sinfull) in him who thus ingadgeth & a manifest abusing of the Imposer with his dis-ingenuity, in as much as the Imposer requireth one thing by this Bond, and the Binder doth oblige himself to the quite contrary of what is required of him, and in effect bindeth himself to nothing at least as to that which the Imposer requires of him.
6. If it be sinfull to give Bond for Absolute & universall peaceable living with any man, then to give this Bond is a sin: But that the former is true, I prove: That which is proper & due unto God only, cannot (jure) be given to any man or mortall; But a Bond for absolute paceable living is proper & due to God only: Prob. If absolute obedience, or ane absolute Ingadgement to such obedience be proper & due to God only, then absolute peaceable living, or absolutely ingadging thereto (which is a part of that absolute obedience which is due only to God) is proper and due unto God only. That absolute Ingadgements or absolute obedience are proper & due to God only, is hence evident, Because he & he only is the absolute & supreame Authority, and whose law only can be our absolute & infallibile Rule. And if this argument be valide against giving Bond for absolute peaceable living with any mortall because fallibile & subordinat to the absolute & sole supreame authority; much more then must it militate against the giving of such a Bond to these who are stated & avowed Enemies to Christ's royall prerogative, to his people & work of Reformation; yea wold not such a Bond be rather ane Association & Combination against the Lord? That this Bond (as it is proposed) ingadgeth the Minister to live peaceably in ane universall & absolute sense is clear from the indefinitnes of the termes To live peaceably And it is known, that ane indefinite, generall & illimited proposition is aequivalent, to ane universall or absolute.
7. It is a sin to give such a Bond as by vertue of the obligation therof tendeth to bring the Ministry of the Gospell & Ministers doctrine immediatly & prima instantiâ to be cognosced & judged formally & authoritatively by the Civill Magistrate; and the reason hereof is, because it belongeth properly to the Ministeriall function, formally & authoritatively (though ministerially) to judge & determine, & that prima instantiâ (i. e. previously to any determination of the Magistrate or any otheir Judicature thereanent) by the Scripture, of which Ministers are the only Interpreters ex Officio, what is Orthodoxe or Heterodoxe, what is Schisme or Heresy, these being matters purely spirituall & ecclesiastick, and so determinable only from the Scriptures. But that this Bond is such as by vertue of &c. I prove 1, If by this Bond the Binder doth make the Magistrate the Immediate, yea sole & supreame Arb…ter & decisor of what is Schisme & Heresy in the Ministers doctrine, then the obligation of this Bond tendeth to bring the Ministers doctrine immediatly, formally & authoritatively to be cognosced & judged by the Civill Magistrate. But the former is true, thus: If the obligation of this Bond ingadgeth the Binder for the Ministers not preaching of Schisme & Heresy only & immediatly in the Magistrat's sense, then by this Bond the Binder doth make the Magistrate the Imme…iate, sole & supreme Arbiter & decisor of what is Schisme & Heresy in the Ministers doctrine. But that the former is clear… I prove (1) By this Bond the Binder doth oblige himself for the Ministe…s not preaching of Schisme & Heresy onelyonly & immediatly in such a sense as therupon he cannot be called in question by the Civill Magistrate for the Ministers preachi…g of Schism & Heresy (else to what purpose doth he bind?) But only & immediatly by binding in the Magigistrat's sense of Schisme & Heresy can he expect …ot to be called in question by the Ma…istrate for the Ministers preaching Schism & Heresy (for in no other sense can the Binder promise himself security) Ergo by this Bond the Binder obligeth himself for the Ministers not preaching of Schisme or Heresy only & immediatly in the Magistrat's (or Imposers) sense. (2) If by this Bond the Cautioner is obliged to produce the Minister or pay the penalty only & immediatly for his preaching of Schisme or Heresy in the Magistrat's sense: then the Cautioner is bound …or the Minister's not preaching of Schi…me or Heresy only and immediatly in the Magistrats sense: But the former is true: Therefore. The 2. Arg. whereby I prove that the obligation of this Bond tendeth to bring the doctrine of the Ministry immediatly & soldly under the Magistrat's Cognizance & decision, is this: These must be acknowledged by this Bond to have the sole immediat & supreme determination of what is Schism or Heresy in the Ministers doctrine, who have the sole immediate & supreme decision of what is properly a violation of the Ministers ingadgement by this Bond. But only the Civill Magistrate hes (or rather assumes to himse…f) the sole immediat & supreame decision of what is properly a violation of the Ministers ingadgement by this Bond. Ergo the Civill Magistrate must according to this Bond have the sole, immediate & supreme &c. 3. It is well known that the non-conform Ministers are not allowed by law to keep any Church-Iudicatories whereby such mat…ers as Schisme or Heresy might judicially be decided. 4. Nor doth the Councill referre the determination of these to the Prelaticall Courts or any other Ecclesiastick Judicature, so far as we know. From all which we gather That the Civill Magistrate (the Imposer) must according to this Bond be the sole, Immediate & supreame Arbiter & decisor of what is Schism & Heresy in the Minister's doctrine.
8. That which tendeth to the prejudice of the Church of Scotland in generall, ought to be avoyded as a sin (for no private or particular advantage ought to interferre with the publick good, & that either in Church or Common Wealth) But that this way of bonding or fixing by Bond to a particular Congregation, tendeth to the prejudice of our Church in ge…erall… I prove: That which tendeth only to the advantage of the farleast part of the Church, & not to the edification of the whole, …endeth to the prejudice of the Church in generall, & so must be sinfull. But this way of Bonding tendeth only &c. Ergo. That this way of bonding tendeth only to the advantage of the far least part of the Church (or rather to the dis-advantage of the whole) is clear: 1 The one half of Scotland to witt from Tay north-ward whi…h is the very part which stands most in need of a faithfull Ministry is debarred & in a manner excommunicate from having this liberty… beside some of the most considerable Towns & places particularly excepted thereform. 2 All the Ministers who are suspected by the Councill to have been at the late rising in armes. 3 All these Ministers who shall afterward be ordained by non-c…nforme Mini…ters 4 All these Ministers who are not clear in their Conscience for giving or allowing such a Bond, who we hope are not a few. 5 All these Ministers who possibly cannot get any to be Surety for their peaceable behaviour, though themselves were …lear for the thing. 6 All these Ministers Bonders who shall not actually fullfull, or shall contraveen (whither designedly or inadvertently) the Conditions of …he Bond. 7 All the Ministers who shall not coram present themselves to the Councill in order to receive their Licences upon this Bond, & so passe their Tryalls before them. 8 All these paroches which either are not able to undergo the penalty of 6000. merks or are not w…lling to hazard the same, wherof there may be not a few. And 9 in a word, only such Ministers are hereby allowed & authorized to preach & administer the Sacraments, as will formally ingadge & actually performe the termes of this Ingadgement, which in charity we hope will be found a very inconsiderable number. And then let any conjecture what a small part of the Church of Scotland wold be supplied with Presbyte…ian Ministers, if none should preach but such as are thus licensed.
9. That ought not to be done with out the advice & Consent of the whol… Church which is of the great concernment of the whole Church at least ought not to be determined, co…cluded & complyed with, without first he…ring & pondering the Reasons of dis-sentients against it. But in a publ…ck Meeting of Ministers that which was of the concernment of the whole Church (viz. their voting for the lawfullnes of this Bonding, & some of them their actuall Comp…i…g with it) was done and concluded to be done not only without the advice & consent o… the whole Church but without so much as hearing & pondering the Reasons of dis-sentients against it, yea contrary to the minde of severall present who declared themselves against …o sudden a determining of such a Question at that time. Therefore the giving or allowing this Bond ought not …o be done, & so is sinfull.
10. That Bond is sinfull which may be interpreted contrary to our former lawfull & solemnly sworn Bonds & Covenants: But this Bond is such: By our former solemne Ingadgements we are bound (& more speci…lly Mini…ers of the Gospell) by all lawfull means to wrestle & contend for the main…enance & defence of the work of Reformation in all the poynts & principles therof, and to oppose every thing that may be prejudiciall to the said work; and that we shall continue constant all the dayes of our li…e in this defence & opposition. But by this Bond we oblige our selves not to con…nd strive or wrestle any more for the defence of the wo…k of Reformation (at least no… to oppose & with stand every thing that may be prejudiciall to the said work, & such as are profest Enimies thereto) seeing by this Bond we ingadge to live peaceably with these, who we know are in actuall opposition against that blessed work: for these two are contrary to & inconsistent the one with the other: And therefore this Bond may be interpreted directly contra…e to our former lawfull Ingadgements, & so most sinfull, & a manifest breach of our solemne Vowes to God in most of the articles therof. And no doubt such as now ingage in this Bond wold have been look't upon as Enemies to the main ends of the Covenant if they had subscribed or allowed such a Bond to be given when required by the avowed Enemes of that Covenant in these dayes, when our Church was most vigorous in their zeal and faithfulnes for the defence of that work of Reformation according to these Covenants; And that it can be any lesse sinfull now seeing we ly as strictly under the vowes of God now as then, and that these to whom this Bond is given are as vigorous in opposing that same work & Covenant as ever they were since the beginning, I cannot see: And we may referre it to the Consciences of these who are now so forward in gi…ing & allowing this Bond, in their most solitary retirements… when they …i…t themselves immediatly before God who weigheth actions & compareth this deed most impartially with their so strict and peremptory Vowes to him in that Covenant, & our Churches formerzeall & tendernes in observing the same.
11. It is a sin to give such a Bond as mak…th my nighbour who is a free man, especially a Minister who is a free Ambassadour of Christ, to be a prisoner at the will & pleasure of such as will make him ane offender …ven for a word: But such a Bond is this now required: Therefore …infull. And if it ought to be refused upon this account that it bringeth the Minister in Bonds, much more then is it to be refused with all detestation, that it bringeth the Ministry it self and Gospell in to bondage.
12. It is sinfull to ingadge either by ane Absolute or Alternative Bond to be active or instrumentall in persecuting any (but especially Christ's Ambassadours) for saying or doing that which is their unquestionable duty: But by this Bond the Cautioner ingadgeth (at least alternatively) to be active & instrumentall in persecu…ing the Minister, (viz. by presenting him when called for by the Councill) for that which is really his duty, & acknowledged both by Minister & Cautioner to be such; for instance when the Minister preaches the perpetuall obligation of the Covenant, or plainly testifyes against the crying sins & corrupt Courses of the time (as he is bound in point of faithfullnes and Loyalty unto his great Master to doe) especially these carried on by our Rulers or their authority, and therupon is called in question, & persecuted as a preacher of Rebellion &c. Ergo It is …infull thus to ingadge. The like may be said also against the Cautioner his binding himself to pay the 6000 Merks in case he failzie & present not the Minister; for thereby he obliges himself (alternatively at least) to be active in persecuting and punishing himself for that which is not his fault, and so to that which is sinfull. But lest any should imagine That because the termes of this Bond a…e Alternative (the contrare of which is already made out) therefore they may lawfully ingadge, viz. alternatively, though some of the Alternatives be really sinfull… Wherefore
13. Giving by supposition, but no… granting, that the termes of this Bond were indeed as Alternative as some wold have, or any could wish them; yet I say that it is sinfull to ingadge therin, 1 Because all & every one of the Alternatives of this present Bond are sinfull, as is proven above. 2 Though but one of the Alternatives were sinfull & the rest lawfull, yet it is a sin to ingadge in such a Bond, and that because it is sinfull to ingadge to that which is sinfull either absolutely or alternatively; For as we cannot without sin bind our selves to that Conditionally which upon no Condition we can without sin performe, so neither can we without sin bind o…rselves to that alternatively which in no case can come under our choice; and where their can be no choice (as of sin or sinfull Alternatives as such their can be none, seeing choice or election is to have place only where the thing is some way or other eligible, which sin or a sinfull Alternative can never be) there ought to be no deliberation, and conseq. far less ought their to be Bonding.
14 That Bond is sinfull whereby the Ministers ingadged wherein are by the Imposers, 1 Restricted in the exercise of the key of Doctrine. 2. Robbed of the key of Discipline, for this is witheld in the Councill's Grant. 3. Are debarred from perpetuating the succession of a faithfull Ministry by ordaining others thereto; at least by this bonding they taci…ely approve & virtually consent (Consentit enim qui non con…radicit) to these sinfull Re…rictions.
15. If the giving of this Bond be more unwarantable then imbraceing of the former Indulgence, then this bonding is a sin, yea a greater sin then that of the former Indulgence (at least to these who look upon the former Indulgence as a sin) But that it is more unwarantable, is hence manifest: That by the former Indulgence the Accepter therof doth restrict his Ministry mostly as …o the exercise of it in such a particular paroch, wheras by this Bond (or Latter Indulgence) the Ministry is qualified & restricted also as to the exercise of it simpliciter, i. e. as to the very doctrine it self, as is clear from what is already said: In which sense it seemeth to surpass even Prelacy it self for grossness, viz. in so far as Prelates (as such) requires of their Ministers the Curates that they be subject to them only as to the exercise & manadgement of the externall Government of the Church; But by this Bond the Councill requires the bond…d Ministers to be subject to & censurable by them in the very Essentialls & most intrinsick acts of their Ministry, namely the doctrinall part therof, and the Cautioner & Minister by their bonding doe ipso facto yeeld & consent thereto; and the more considerable this is, That Prelates pretend to be a sort of Ecclesiastick persons, & Prelacy ane Ecclesiastick order (though both corrupt & unwarantable) wheras the Civill Magistrate or the Councill as such cannot pre…end to any such thing.
16. If it be a sin for any Person or people absolutely to ingadge to their Rulers (especially such as doe now require this Bond) not to resist or oppose them by ex…ernall force in any case whatsoever, Then much more is it sinfull for Ministers to bring themselves under such ane absolute Ingadgment in reference to the intrinsick acts of their Ministry. But that it is a sin for any person or people absolutely to ingage &c. is so obvious & palpable both from the light of nature, principles of Reason & Religion, as also from the testimony of pious & judicious Politicians & Divines, yea even from the Concessions of some of these who are accounted the greast Royalists, That I forbear at large to prove it, and referres such as doubt therof to the writings of these who have treated upon that or the like subject. The Connexion of the former proposition is clear (1) Because a Mini…ter as a Minister (or Ambassadour of Christ) is not a servant or subject to any mortall Prince or Potentate, and so may not with ou… laese Majesty to his sole Soveraign Christ (whose alone servant he is) make such absolu…e ingadgements in things relating to his Ministeriall function, as Others may in matters of their Civil… Liberties & Concernes. (2) Because, by …ow much the more indispensable the exercise of the spir…tuall sword is then tha… of the temporall, by so much the more sinfull is it for Ministers absolutely to ingadge to live peaceably (i. e. not to lift up their spiritua…l & mini…teriall armes, such as publick Reproving, testifying or protesting against the sinful… Co…rses of the Rulers & these that are in authority) then the people so to doe in order not to lift their carnall & temporall armes against the same Rulers: And though we are more prone by nature to flee to the Carnall sword for our bodily defence, when occasion calls thereto, yet the use of the spirituall is both much more necessary & indispensable in it self, and also much more expressely enjoyned by God in his word to these whom he hath impowered & authorized to exercise it ex officio. But to proceed.