Declaration Concerning the Late Tumults in Scotland, Floating text 43
AN ANSVVER TO THE PROFESSION AND DECLARATION Made by JAMES Marquesse of HAMILTON, His MAIESTIES high Commissioner, at Edinburgh, An. 1638. in December.
THis ancient Kingdome, although not the most flourishing in the glory and wealth of the World, hath been so largely recompensed with the riches of the Gospel, in the reformation and puritie of Religion from the abundant mercy & free grace of our GOD towards us, that all the reformed Kirks about us,… did admire our happinesse. And King JAMES himselfe of happy memory, gloried that he had the honour to be born, and to be a King in the best reformed Kirk in the world. Those blessings of pure doctrine, Christian government, and right frame of discipline we long enjoyed, as they were prescribed by GODS own word; who as the great Master of his family, left most perfect directions for his own oeconomie, and the whole officers of his house: till the Prelats, without calling from GOD, or warrand from his word, did ingire themselves by their craft and violence upon the house of GOD. Their craftie entry at the beginning was disguised under many cautions and caveats, which they never observed, and have professed since, they never intended to observe, though they were sworn thereto. Their wayes of promoving their course were subtile and cunning: as in abstracting the registers of the Kirk, wherein their government was condemned; in impeding yearly generall Assemblies, whereunto they were subject and comptable, and generally in enfeebling the power of the Kirk, and establishing the same totally in their own persons: whereby in a short time they made such progresse, that being invested in the prime places of estate, and arming themselves with the boundlesse power of the high Commission, they made themselves lords over GODS inheritance: and out of their greatnesse, without any shew of order or Councell, without advise of the Kirk, but at their own pleasure enterprised to alter and subvert the former doctrine and discipline of this Kirk, and introduce many fearefull corruptions and innovations, to the utter overthrow of Religion; and to make us no lesse miserable then we were happy before. These pressing grievances did at length awake the good Subjects to petition his Majesty and his Councell for redresse. And albeit at last, after many reiterated supplications and long attendance, his Majestie hath been graciously pleased to grant a free generall Assembly; yet in the beginning by the credit of the Prelates, and their commoditie of accesse, his Royall eare was long stopped to our cryes, and wee discharged under the paine of treason to meet for making any more remonstrances of our just desires.
In this distresse none other mean, nor hope of redresse being left, wee had our recourse to GOD, who hath the hearts of all Kings and Rulers in his hand; and therefore taking to our heart, that GOD had justly punished us, for the breach of that nationall Covenant, made with GOD, in Anno 1580. We thought fit to reconcile our selves to him again, by renewing the same Covenant. And so, in obedience to his *There is no divine commandement in Scripture, nor example of the Christian Church for …bscri…ing any confession without the consent of the supreame Magistrate if he be a Christian.divine Commandement, conforme to the practise of the godly in former times, and according to the laudable example of our religious Progenitours, warranted by acts of Councell, we again renewed our confession of Faith of this Kirk and Kingdome, as a reall testimony of our fidelitie to GOD, in bearing witnesse to the truth of that Religion whereunto we were sworn to adhere in Doctrine and Discipline, of our loyaltie to our Soveraigne, and mutuall union among our selves in that cause. Which Confession, with a sensible demonstration of GODS blessing from heaven, was solemnly sworn and subscribed, by persons of all ranks, throughout this Kirk and Kingdome, with a necessar explanation and application for excluding the innovations and corruptions introduced in the Religion, and government of this Kirk, since the yeare 1580. that so our oath to GOD might be cleare for maintenance of the doctrine and discipline then professed and established, and according to the meaning of that time.
The happie effects of this our resolution and doing, have been wonderfull: And since that time GODS powerfull hand in the conduct of this businesse hath evidently appeared. For after some time, upon the continuance of our groanes and supplications, our gracious Soveraigne was pleased to send into this Kingdome, The noble Lord JAMES Marques of Hamiltoun, &c. with commission to heare and redresse our heavie grievances: who after many voyages to his Majestie, and long conferences and treating with us, needlesse to be related in this place, did in end, by commandement from his Majestie, indict a free generall Assembly to be holden at Glasgow the twentie one of November last, and proclaimed a Parliament to be holden at Edinburgh the fifteenth of May next to come, for setling a perfect peace in this Kirk and Kingdome: And further to give full assurance to the Subjects, that his Majestie did never intend to admit any change or alteration in the true religion, already established and professed in this Kingdome: And that all his good people might be fully and clearly satisfied of the realitie of his royall intentions for the maintenance of the truth and integritie of the said Religion, his Majestie did injoyn and command all the Lords of his privie Councell, Senatours of the Colledge of Justice, and all other Subjects whatsoever, to renew and subscribe the confession of Faith formerly subscribed by King JAMES of blessed memory and his houshold in Anno 1580. and thereafter by persons of all ranks, in Anno 1581. by ordinance of the Councell, and acts of the generall Assembly, and againe subscribed by all sorts of persons in Anno 1590. by a new ordinance of Councell, at the desire of the generall Assembly, with a band for maintenance of the true Religion, the Kings person, and each of other in that cause: as the Proclamation of indiction, being dated at Oatlands, the 9. of September, published at the Mercat crosse of Edinburgh, the 22. of the said monethmonth, more fully proporteth.
Upon the hearing of which Proclamation, These who were attending at Edinburgh, and expecting a gracious answer of our former desires, as out of bounden dutie they did with all thankfulnesse acknowledge his Majesties gracious favour: So out of zeale to GOD and Religion, they did protest, that they who had by the late Covenant and Confession condescended more specially to the innovations and errours of the time, could not after so solemne a specification, returne to an implicit and more generall confession enjoyned, conforme to a mandat, apparantly discrepant from the genuine meaning of the confession, and wanting both explication and application, and did most humbly and earnestly desire the Lords of his Majesties Councell; that they would not, in regard of the former reasons, presse upon the Subjects the subscription of this Covenant, but that they might be pleased to forbeare their own subscribing of it, in respect of the inconveniences might result upon their subscribing thereof, in an ambiguous sense; but their Lordships not having subscribed that confession, containing our former explanation, and being required by his Majesties Commissioner, to subscribe the Confession, as it was drawne up, and presented to them, without our explanation, with a generall band for maintenance of the Religion in Doctrine and Discipline now presently profest, and of his Majesties person, least these words (now presently) repeated in this year 1638. should inferre any approbation of these innovations, introduced since the year 1580. whereof many did justly complaine, after deliberation for removing of this scruple and prejudice, and clearing of their own meaning; they caused make an act of Councell that their swearing and subscribing of the confession of Faith was according to the tenour and date the second of March 1580. according as it was then profest within this Kingdome: whereupon they rested satisfied, being confident that the generall Assembly then indicted, would remove any doubt and differ which might arise anent the meaning and interpretation of the confession of Faith, and clear what was profest in the year 1580. Yet some having subscribed that Covenant in different senses, others forbearing to subscribe the same, as some of the Lords of Session, till the Assembly should declare the genuine and true meaning of the Confession, upon whose interpretation, as of the onelyonly competent Judge, they might acquiesce, and rest satisfied: which now after accurate tryall of the acts of generall Assemblies, and mature deliberation, is fully cleared, and explained in this last generall Assembly by GODS mercy, and his Majesties gracious favour of indiction, holden at Glasgow: as the act made thereupon doth proport: whereby Episcopall government, mongst many other innovations is found upon undeniable evidences of truth and declared to be condemned and abjured in this Kirk, in Anno 1580. There is notwithstanding published in name of his Majesties Commissioner a declaration, tending to disswade his Majesties Subjects from receiving the explanation of the confession made by this Assembly, and affirming that the confession subscribed by the Councell, doth no wayes exclude Episcopall government, nor any thing else established by laws standing in force, the time of the taking of the said oath, the ninth of September last; notwithstanding the foresaid act of Assembly, which as the decree of our mother Kirk ought to be received and reverenced by all her children, and act of Councell, whereof the words are so cleare, as they cannot admit any mentall reservation, which is acknowledged by such of the Councellers then present and subscribers, whose hearts GOD hath touched, to make the sense of their oath to GOD, preponder with them above all other worldly respects and fears.
THis declaration containeth five arguments, with a boundle of acts of Parliament, quotted and drawne up by some persons, whom we know not; but seen and approven by the Commissioner: whereby his Grace indevoureth to evince his conclusion, that Episcopal government was not abjured by the Councell, nor the Covenant 1580. Which is so repugnant to the acts of the Kirk; The act of Councell, and all reason, that wee are confident, the same will make no impression in the judgement of any well affected Christian, as shall be evident by our following answers, which we offer to the readers consideration, after he hath first expended these generalls.
Foure generall considerations of the Declaration.1. This Declaration is onelyonly made by his Majesties Commissioner, *The Lords of Councell did take and were to take this oath as well as any other in the knowne sense of us who commanded it, and therefore any Act of Councell for their explanation was unnecessary, and it is unjustly affirmed that this Declaration or explanation was made by Our Commissioner, for it was made by VsUs, but published by him at Our Commandement, as is plainly expressed in the title of it.and not by the Lords of secret Councell, who should be fittest Interpreters of their owne act, and whose act should be the ample expression of their meaning, else acts of Councell, by possibilitie of admitting the variable cōmentarie of intentions, will losse all force & vigour in themselves. And yet it is evident that the Councellers have not only actually sworne to maintaine the Religion & Discipline established in Anno 1580. When Episcopacie was condemned; but likewise intended to doe so: because they have distinguished and opposed betweene the Religion presently professed, 1638. mentioned in the Proclamation, and the Religion professed in Anno 1580. mentioned in their act; and by that opposition of now and then, they reject the one, and swear the other: otherwise they needed no declaration: which notwithstanding accompanies their subscriptions, and is acknowledged by the Commissioner in the second line, to bee an act explaining the Confession, for obedience whereof all those who have subscribed that Covenant, have done the same. 2. Albeit his Majesty did not conceive any difference between the Religion, Doctrine and Discipline now profest, from that which was in Anno 1580. (wherewith his Majestie can hardly be acquainted, without perusing the records of Assemblies) yet his Majesties Reall intention was to maintaine the confession of Faith professed in Anno 1580. because his Royall disigne by that commandement was to maintaine true Christian Religion in puritie (whereunto Episcopacie by this Kirk was ever judged and condemned as prejudiciall) and to remove the fears of his Majesties good Subjects, complaining of by-gone innovations, and apprehending greater changes: which ends are only obtained by subscription of the Confession as it was Anno 1580. And no wise by maintaining the Religion now presently profest; because the corruptions now presently received in this Kirk, are the grounds of our just complaints, as being *But when shall they bee proved to bee contrarie to the word of God?contrary to the word of God, and foresaid confession in Anno 1580. 3. Wee must distinguish between oathes, tendered by the first framers of the Confession, *They themselves doe know that this Confession was not framed at first by the Church as the positive Confession was, but by one Master Iohn Crage, and commanded by the Authoritie of our Royall Father, hee did advise with the Church concerning it, but they received it from him, not he from them.the whole Kirk, who have power to interpret and explaine the same, and oathes required, to bee renewed by the supreme Magistrat the Kings Majestie, who as custos utriusque tabulae, and a true *That the supreame Magistrate should as the Sonne of the Church onelyonly receive the meaning of the Church, and cause it to bee received by his subjects, is not only the Jesuiticall tenet, but their very words and syllables, and as they are alledged here very false, for the greatest part of this confession conteyneth not matters of faith, but of government, discipline and ceremonies: besides this confession was first injoyned by Our Royall Father and his Councell before it was approved by the Church: how then Our Royall father, if hee were now living, should receive the meaning of it from the Church after hee had subscribed it, and commaunded his houshould to doe so; or we should now receive the meaning of it from the generall Assembly after it was subscribed by Our commaundement, wee cannot apprehend.Sonne of the Kirk, ought to receive the true meaning of the Kirk, and cause it to be received of those whom God hath subjected to him.
And wee are confident that his Majestie, in his just and pious disposition, will never take away the benefite of that holy nationall oath, and confession of Faith subscribed by his Majesties Father of blessed memorie 1580. and now lately renewed againe, & solemnely sworne by the Subjects of this Kingdome, upon the pretence of any intentions repugnant to the true sense of that confession: which even as it is subscribed by the Councell, doth never import that his Majestie was framing or administring any new confession or oath, but only injoyning to renew the old confession 1580. and therefore unquestionably should be taken in the true meaning of that time. Fourthly, if there were any reall opposition betwixt his Majesties Proclamation and the act of explanation made by his Majesties Commissioner and Councell, *Nay the first should be preferred: for if our Commissioner and Councell had explained it contrarie to Our meaning, Our declaration comming after should be preferred to their misinterpretation.Yet the last must be observed and preferred before the first, because the first is his privat will, the second his publick, and judiciall will. Et posterior derogat priori, publica privatae. And albeit we doe not now expresse that the Councell did subscribe the confession of Faith in obedience to a mandat, where there was any contrariety, repugnancie, or ambiguity betwixt the mandat and the Confession it self, which was commanded, yet the Councell making an act that they did subscribe it as it was professed 1580. and declaring publickly that this was their owne meaning, both they and such of his Majesties liedges, who did subscribe in obedience of their charge, are obliged to observe r…m juratam, and the reall matter of the oath (more then the minde and mandat of the prescriver) especially seeing it is no new Confession, but the renewed Confession of the whole Kirk of Scotland; The meaning whereof cannot bee declared nor interpret by any, but the whole Kirk of Scotland who now upon unanswerable reasons, have clearly found that Episcopall governement, was then abolished and abjured: It followeth by good consequence, that the Councell did both virtually and verily swear, yea intend to swear the abjuration of Episcopacie, which is found by that confession 1580. and the discipline of the Kirk then established, to be a corrupt government in this Kirk, of human invention, wanting warrand from the word of God, tending to the overthrow of this Kirk: So that any declaration in the contrare hereof is protestatio contraria facto, and the reasons thereof cannot be forceable, to brangle the resolution of any judicious well affected Christian, if he will patiently read and ponder, without preoccupation, these following answers to the five reasons insert in that declaration.
The first aleadged reason is this, that his Majestie could not command an oath absolutly unlawfull:Answer to the first reason. but it is absolutely unlawfull to swear against any thing established by the Laws of the Kirk and Kingdome, if the same be not repugnant to the word of God or repealed by posteriour lawes.*The last part of the first reason is quite omitted, though in it lyeth the principall explicatiō of this first reason.
To this we answer, First. The Kings Majesty by commanding his subjects to renew the confession of Faith for maintaning the doctrine & discipline profest in anno 1580. hath commanded them to abjure whatsoever is found by the competent Judge to bee introduced since that time repugnant therto, albeit by the corruption of times it were coūtenanced with some law interveening. Secondly, the Lords of Councell and Session and other Subjects have subscribed the confession of Faith as it was 1580. not only without any restriction of it to the present laws, but in a direct opposition to what is presently established by returning from the present corruptions in the profession, tanquam termino a quo, to the profession 1580. tāquam terminum ad quem: which a *How many of them have determined so? they know that they are not cōparable in number to those who have determined the contrarie.great part of Councellours and other Subjects have declared to bee their meaning. Thirdly, Episcopacie is found by the Kirk of Scotland in many Assemblies to be an office unwarranted by the word of God, unlawfull and repugnant thereto: so that the abjuration thereof in this Kirk is lawfull and necessare. Fourthly, Episcopacy was never*Most false. restored by any Assembly of this Kirk, nor these Assemblies wherein it was condemned, repealed, without the which the same could not bee established by a Parliament, whose power doth no more reach to the placeing officers originally in the Kirk, then the Kirks power to the making states men in the common-wealth. Fifthly, the lawes which any wayes contribute to the introduction of Episcopacy, do only extend to civill privileges, and were alwayes protested against by the Kirk, as contrarie to the nationall Covenant of this land. Sixthly, if any Assembly can be pretended to countenance Episcopacie or other corruptions, it sufficeth to say that the same with all the acts thereof is declared to have been nul and void ab initio for undeniable reasons, as the act at more length proports. Seventhly, the breach of our nationall Covenant by introduction of corruptions therby abolished, hath undoubtedly in high measure offended God: and therefore at the renovation of that Covenant againe with God, we ought not only to abjure al these innovatiōs, but hereafter should be carefull not to be relapse in our offence. Eightly, in no Covenant Episcopacie is expresly or specifice abjured, before all Ecclesiasticall lawes favouring the same was repealed, & declared null, but only virtually and generally, as being formerly abjured in anno 1580. And as the tryall hereof was referred to the Assembly, as the only Judge competent, so now when the Assembly hath declared & found Presbyteriall government to have been approved, & Episcopall government condemned, abolished and abjured in anno 1580. and in liew of perceiving that Episcopacie is of an Apostolick institution, have clearly seen that it is justly condemned in our Kirk, as the invention of man wanting warrand or fundament in the word of God, tending to the overthrow of this Kirk, Therfore albeit Episcopacie had been abjured expresly in the renovation of this Confession commanded by his Majestie, it was not unlawful, but most necessary and incumbent to us all, who are tyed by that nationall Covenant against that unlawful Hierarchicall government, albeit we had never renewed the same: But we are falsly calumniat to have condemned the name of a Bishop, even as it is used in Scripture, which the act of Assembly it selfe, sufficiently refutes, by allowing S. Pauls Bishops to-wit Pastours of a particular flock, and condemning only al other Bishops brought in without the warrand of Scripture.
Answer to the second reason.The second reason in the Declaration is, that the oath for preserving the discipline and government of the Kirk, cannot oblige after the alteration & change of that discipline & government: and seeing the Discipline and government of the Kirk is not only alterable, but chāged in this Kirk, we are not tyed by that oath, after the alteration.
Wherunto we answer, first, that it is true, that policie and order in ceremonies is temporarie and may bee changed, as is meaned in that article of the Confession cited in the declaration: But a Bishop, or his office, or the government of Gods house cannot be called a ceremony, nay, they will be loath to be vilified by that appellation: but if it be a ceremony, they are of no Apostolick constitution, as is mentioned in the first reason: so that if they be lawfull governours in Gods house, warranted by his word, they are not alterable: and so this second reason militats not for them, if their office be changeable, and accounted among alterable ceremonies: they are well exploded from our Kirk; & may be so by that second reason of the declaration. 2. One cause of generall Councels is, for constituting a good order and policie in ceremonies: which is grounded upon the last verse of the 14. Chap. to the 1. Corinth. willing that all things bee done decently and in order, wherein the Lord giveth not power to institute new officers in his Kirk, but commandeth his owne officers to exerce their functions by his commandements without indecencie, or confusion, in the variable circumstances thereof, to be determined according to the present occasions of edification, 3. In the 15. Chap. of the same confession of Faith, all mens inventions in matters of Religion are condemned; And in the 19 Chap. Ecclesiasticall discipline uprightly ministred as Gods word prescribeth. Matth. 18. 1. Cor. 5. is set down as the third essentiall and unchangeable marke of the true Kirk of God; and so is not of that nature with temporarie, changeable ceremonies; though unwarrantably ranked with them in the declaration. 4. It is evident at our first reformation what policie was perpetuall, and what ceremonies changeable, for in the first booke of Policie compyled that same yeare with the Confession, 9 head is expressed a two-fold policie of the Kirke; The one absolutely necessary in all Kirks, the other not necessar, but changeable; such as, what day of the week sermon should bee, and the like; whereof they established no order, but permitted every particular Kirk to appoint their own policie, as they thought most expedient for edification; if parity of reason will make Episcopacie of this nature, let all men judge. 5. Our confession speaketh of an order in ceremonies; which cannot bee appointed for all ages, as is before said. But when they speak of the office-bearers in the Kirk, they acknowledge according to the truth, that Christ himselfe appointed an ordinare constant government of his Kirk by his four ordinar office-bearers, The Pastor, Elder, Doctour, & Deacon, to administrat the same perpetually; as is set downe in the first booke of Discipline, and in the treatise before the Psalmes, which was drawn up at that same time, and allowed by the same persons. Like as in the yeare of God, 1560. when that confession was made, & in the yeare 1567. when it was ratified, and by continuall acts of Assembly, and by the second book of Discipline; The government of Christs Kirk by these foure ordinarie office-bearers, is set down as founded only upon the Word of God, as constant unchangeable, and perpetuall; and as that holy discipline without which Gods word cannot be preserved; so that the intruding of any other officer in Gods house was accounted an offence against the Lord of the house. 6. By our oath, we are obliged to continue in obedience of discipline as well as doctrine, because they are both grounded on the Word of God, without the warrand whereof, all traditions that are brought in are abjured, and the discipline of the Kirk of Scotland is set down in the book of policy, as grounded on Gods word & commanded to continue to the worlds end, whereunto we have sworn, and cannot without perjury to God, gainsay it, like as the Assembly ordaines the discipline of the Kirk to bee subscribed as such, and the act of Parliament 1592. Ratifieth the discipline of the Kirk, as a privilege granted by God, whereinto the Kings prerogative cannot bee prejudiciall. 7. It carrieth no shew of argument or face of probabilitie, that the Kirk and reformers of Religion which condemneth all other ordinar officers in the Kirk, but these foure appointed by Christ, did mean under the name of variable ceremonies, to comprehend and admit Episcopacy, which frequently they condemne, as an invention of man, without the warrand of Gods word, tending to the overthrow of the Kirk and puritie of Religion. 8. *Because in the XXI. Article cited, the word Ceremonie is used, therefore they would inferre that this reason supposeth Episcopall government to be but a ceremonie: But weakly, for the reason consisteth in the word policie which they take no notice of, and Episcopall government being a part of Ecclesiasticall policie, they hold the one alterable, (as all they doe who adhere to that XXI. article) must needs hold the other so too: nor can it be inferred from any thing in this reason that Episcopall government is mainteyned by it to be alterable, but that they themselves, and that XXI. article doe hold it to be so.The Prelats themselves will not grant Episcopacie to be reckoned in the orders of ceremonies, which cannot bee unchangeably constitute for all ages, times and places, but are temporall as devised by man; and so changeable, when they rather foster superstition then edifie the Kirk, but herein they will disclaime the benefit of this second reason, and undoubtedly affirme, that Episcopall government, not only may be, but should be, and was appointed for all ages, times, & places; & that it is not the devise of man tēporall & changeable, but deriveth its extraction from divine Apostolick, at the least Ecclesiasticall, perpetuall and necessar institution, as is averred in the first reason; and so should ever be unchangeable. 9. This Kirk hath ever condemned all such as held the discipline, and policie thereof, to be indifferent and changeable; & in particular in An. 1581. which is the year of the subscription of the confession of Faith, and book of policie, Mr. Robert Montgomery is accused and condemned for that doctrine. 10. In the Assembly 1596. upon the Kings Majesties proposition, and demand that it might bee lawfull for him to reason or move doubts, in any point of the externall policie, government, or discipline of the Kirk, which are not answered, affirmative or negative in the Scripture. The Assembly concluded, that it might bee lawfull for his Majestie, or his Commissioner, to propone any point to the generall Assembly in matters of externall government, alterable, according to the circumstances, providing it be done in right time and place, Animo aedificandi, non tentandi: But as for the essentiall discipline, in the book of Policie: *The Assembly desired it, but did ever Our Royall Father doe so?The same Assembly desireth the Kings Majestie to declare before his Estates, that he never intended to prejudge the same. 11. Albeit it were granted that discipline were changeable, yet now seeing by the Kings Majesties own consent, we have sworn to maintaine the discipline of the Kirk of Scotland, as it was 1580. we are obliged strictly, interposito juramento, to abide by that discipline specificè: at least till it be lawfully changed by the Kirk of Scotland, in her free generall Assembly, which can never be presupponed: because in rei veritate, the Discipline, as well as the doctrine, is acknowledged and sworn to, as unchangeable, wherein we must continue all the dayes of our life: and defend the same according to our power, under the penaltie of procuring deservedly upon our selves, all the curses contained in Gods Word. 12. The doctrine of the Kirk of Scotland, condemned Episcopall, and re-established Presbyteriall government perpetually: which we have acknowledged by joyning our selves in the assertory part of our oath, unto the Kirk of Scotland in doctrine as well as in discipline, and in the promissory part thereof by swearing to continue in the obedience of the Discipline, as well as Doctrine: to show that Discipline as well as Doctrine, is not variable, nor so sworn to by us: but as an immutable law and constitution, which we are obliged to maintain perpetually.
Answer to the third reason.The third reason is that we who subscribed the Covenant, acknowledged that Episcopacy was not abjured thereby, which is qualified by two instances. First that the Ministers in their answers to the Quaeres of Aberdeine, expressed themselves in that sense, holding these things for the present not to be abjured, but onelyonly to be referred to the tryall of a free generall Assembly. Next, that it is averred in our last reasons against the subscription urged by his Majestie, that this oath, required by his Majestie, doth oblige the takers of it, to maintaine Perth articles, and Episcopacie.
This needeth no answer if the preceding narration, and the whole passages of the businesse were considered and known; for in the application of our Covenant, we did not expresly & specificè, abjure Episcopacie, but onelyonly generally and virtually, by abjuring whatsoever was abjured in the Confession, 1580. which we found to be a strong band, lying upon us to bind us straitly to the obedience of the discipline then established: wherein because there had interveined some alterations, we permitted justly the tryall thereof to the Kirk, whether Episcopacie, Perth articles, and other innovations were not condemned and abjured by the said oath, which now the Assembly after carefull search and examination of the records have clearly found. This is the true meaning and substance of the answer made to the Quaeres of Aberdeine, and ought also to be the ingenuous meaning of the Councellours, who by their act declared they subscribed the Confession 1580. as it was then professed: which is consonant to our generall application, and which being now declared by their mother Kirk, they ought to reverence and obey, and not upon light and subtill pretences to neglect and contemne. 2. For the second instance: It is true that when the Councell was urged to subscribe the Confession, 1580. conforme to the warrands bearing (that they should maintaine the Religion now presently profest) wee justly feared, that the same being subscribed in 1638. would comprehend Episcopacie, Perth articles, and all other corruptions introduced since 1580. And therefore both in our written reasons against that subscription, and in our speeches at the Councell table, and to sundry Councellours in private, we dehorted them upon that reason from that subscription: which was the true cause why the Councell being convinced with that reason, made their explanatory act, declaring that they subscribed the Confession according to the meaning 1580. and as it was then profest, for removing of that doubt. 3. *We defie any man living to produce from any Jesuit or the greatest patron of equivocation yet ever heard of, such a wicked position as this, that the swearer is neither bound to the meaning of the exacter of the oath, nor to his own meaning who takes the oath, but to the realitie of the thing sworne, as it shall be afterward explicated by the competent Judge: For then no man can tell what he sweareth, when he sweareth; if the declaration of the competent Judge shall come after, it were to be wished that he who set downe this proposition, had set his hand to it, that the world might take notice of him for an ignorant foole and an arrand knave: In the meane time, till Iohnston finde out another, he must be taken for the man, because his hand is at this foolish Pamphlet.Albeit by the meaning of the prescriver of an oath, the swearer were tacitly bound to maintaine Episcopacie, Five Articles of Perth, and such-like, yet according to the premitted considerations, he is more oblished to the realitie rei juratae, which is now declared and found to abjure Episcopacie, &c. Nor to the meaning of the prescriver or his owne either, being contrare to the explanation of the soveraigne Judge competent.
The fourth reason is Syllogistically urged thus:Answer to the fourth reason. It cannot be denied but that oaths ministred unto us, must either be refused or else taken, according to the known minde, professed intention, and expresse command of authoritie urging the same. But it is notoriously known, that his Majestie, not onelyonly in his Kingdomes of England and Ireland, is a maintainer of Episcopall government, but likewise is a defender, and mindes to continue a defender thereof in his Kingdome of Scotland. And therefore the oath being taken, and not refused, must be sworn conforme to his Majesties known meaning. The minor is confirmed from our own Assertions.
To this it is answered first, that in contradictory oaths, *This is directly contrary to the words of their owne protestation against Our Proclamation, dated the ninth of September: see their ninth Reason in that Protestation against the subscription to our Covenant, and you shall finde it flatly contradictory to this which they affirme now.the swearer is more obliged to the true meaning of the oath, clearly exprest therein, then either to his own meaning, or any sense of the prescriver, being contrary thereunto. Especially in this case, where there is no new oath which may receive any new meaning, but the renovation of the old oath, which can admit no new destructive sense: but must be sworn conforme to the genuine originall first meaning. 2. That oath was justly refused by us upon that ground of discrepance amongst many others; and such like, was not received by the Councell, till they declared their meaning by act simul & semel with their subscription. 3. We doe not meddle with the Kirks of England or Ireland, *They doe not meddle with the Church of England, but yet in all their Writings declare that the government of the Church of England is against the Word of God; and the paterne shewed in the Mount: and that their new fancied government, conteined in their imaginarie books of discipline, is onelyonly according unto it.but recommends to them the paterne shown in the Mount: all our arguments and proceedings being for the Kirk of Scotland, where, from the time of her more pure reformation then of her sister Kirks, Episcopacie hath ever been abolished, till the latter times of corruption. So that though his Majestie hath hitherto maintained Episcopacie in Scotland, because his Majestie wanted the meanes to be informed of the acts of this Kirk, yet we know that God hath so richly replenished his Royall breast, with such justice and pietie, that when his Majestie shall receive perfect information, wee are confident that He will never desire any change or alteration in our ancient Kirk government and discipline. Especially now when his Majesty hath caused the maintainance thereof to be religiously sworn.
The fift and last reason is, that we can never make it appeare, that Episcopall government,Answer to the fifth reason. at the first time of administering the oath was abolished; the very words of that confession of Faith, immediatly after the beginning of it being these: Received, beleeved, and defended by many and sundry notable Kirks and Realmes, but chiefly by the Kirk of Scotland, the Kings Majestie, and three Estates of this Realme, as Gods eternall truth, and onelyonly ground of our salvation. Whereupon is inferred that Bishops, Abbots and Pryors, made up, at that time a third Estate of this Realme, which gave approbation to the confession of Faith: and therefore this third Estate did not abjure Episcopacie. And albeit it had bin abolished by acts of Assembly, yet it was not so by act of Parliament, but in force by many of them standing unrepealed, which are annexed to the reasons. Which being the acts of a Monarch, & his three Estates, are never repealable by any Ecclesiasticall nationall Synod.
For answer hereunto, 1. It doth appeare and is manifest by the Registers and acts of Assembly, that before the subscription of the Confession at the time thereof, and thereafter: That Abbots, Priors, and Bishops were so clearly, evidently, and expresly condemned in this Kirk, That the best wits of this age opposers of Episcopacy cannot yet require one sillable to be added for farther assurance, and the most able maintainers thereof could not pick any quarrell to the clearnesse of the expression. 2. The clause citted in the reason, is onelyonly anent the doctrine, and not anent the discipline, which thereafter is determined and the Hierarchie detested: And the Discipline of the Kirk sworn unto. 3. Albeit that clause were of discipline, yet it maketh nothing for Bishops except by inference, that they are comprehended under the name of the third estate: which cannot be so understood, for collections by way of inference or ex consequenti, cannot be adduced against the expresse acts of the time: wherein the makers signifie their minds in clear termes▪ & apertissime dicendo, leaveth no place to presume the contrare: especially in this kingdome, where these expressions of stylus curiae are carefully observed without change: which may be seen in the same case by many Parliaments: where it is *But it is most notorious that at those Parliaments which were holden when the confession of faith was first sworne unto, Bishops had voyces and were present, and so then Episcopall government could not be abjured, for proofe whereof We refer the reader to the Parliament Roll inserted at the end of this answer.not our that no Prelate was present, or allowed: and yet the acts proporting to be made by his Majestie and three Estates are interpreted by the quoter as made by the Prelats with others. 4. Episcopacie was abolished not only by acts of Assembly, but there is no standing laws for Episcopall government, but some against the same, as shall be evident in the answer made to the acts of Parliament, subjoyned hereto: but if there be any Acts of Parliament standing for Episcopacie, the Kings Majestie; his Commissioner, the Councell, the Collective-body of the Kingdome, hath actually renunced the same by returning to the doctrine and discipline, 1580. whereunto Episcopacie is contrare: which God-willing may also be inacted at the next Parliament, proclaimed to be holden by his Majestie in May 5. The acts of the Assembly, and the book of Policie in the 1. and 10. chapter, putteth clear merches betwixt civill and Ecclesiasticall jurisdiction; making every one independent in matters properly belonging to their owne judicatorie, and every one subject to the other in matters properly belonging to that other. *Let any kingdome which is acquainted with Parliaments consisting of a Monarche and his three estates, digest this proposition, and then the Parliament can be no more the highest Court of the Kingdome.So that as the Assembly cannot make civill laws nor repeal them, nor imped the Parliament from making or repealing civill laws, no more can the Parliament make Ecclesiasticall laws originally, nor repeal, or hinder the lawfull Assemblies to repeal the same. For albeit acts of the Assembly are, and may be ratified in Parliament, that is, only that the civill sanction may concur with the Ecclesiasticall constitution: But will not stop the Assembly to recall their owne act: which being adnulled by them, the *A most false position: As if the convocation in England, or the generall Assembly in Scotland had power to reconcile the two kingdomes to the Church of Rome, to reduce Poperie into them, and to restore to the Church all the Abbey lands, notwithstanding many Acts of Parliaments in both kingdomes to the contrary.civill ratification and sanction fals ex consequenti. For to maintain that the Kirk may not repeal her own acts, ratified once in Parliament, is so derogatorie to Christs prerogative and ordinance, to the liberty of the Kirk, and freedome of the Assembly, to the nature, end, and reason of all Ecclesiasticall jurisdiction, as we have more largely cleared in the Protestation 22 September last) that we beleeve few or none will be of that opinion. All these Five objections and many more was agitate and discussed in the Assembly, before the act anent Episcopacie was made.
And seeing the generall Assembly of the Kirk of Scotland, Conclusion.indicted by his Majestie now holden at Glasgow, which is the only Judge competent and fit interpreter to remove and explaine all doubts, arising upon the confession of Faith, hath after long, religious and mature declaration, exponed the same, and clearly found that Episcopall government in this Kirk, amongst other corruptions, is abjured by the confession of Faith, as the same was profest within this Kingdome, hath discharged all subscription to the Covenant, subscribed and interpreted by his Majesties Commissioner, hath commanded the Covenant subscribed in Februare with the application to be now subscribed according to her present determination: therefore wee trust that the knowledge hereof, will be a sufficient warning to all good Christians and Patriots, that they subscribe not the one, and that they subscribe the other, according to the genuine and true meaning thereof, declared by the Kirk allennerly, and of no contrary incompatible sense, as they would eshew the crime and danger of a contradictory oath, and we would most humbly and earnestly beg of his Sacred Majestie, from the bottome of our hearts, that his Majestie would be graciously pleased to command, that the same may be so subscribed, conforme to the declared explanation of the Kirk; which would prove the greatest happinesse and joy that ever befell these disconsolated Subjects of this nation, who (though unjustly branded with many calumnies) yet never have, nor ever shall swerve from our loyalty due to the Lords anoynted: But would readily imbrace any occasion to imploy our lives and fortunes for his Majesties service and honour: who (we heartily pray God) may long and happily ring over us.