his majesties gracious proclamation and indempnity, to those in the late rebellion. scotland. sovereign ( - : charles ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing c b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) his majesties gracious proclamation and indempnity, to those in the late rebellion. scotland. sovereign ( - : charles ii) charles ii, king of england, - . sheet ([ ] p.) by evan tyler, [edinburgh : ] caption title. imprint suggested by wing. royal arms at head of text; initial letter. text primarily in black letter. intentional blank spaces left in text. dated at end: given at our court at whitehall, the first day of october, one thousand six hundred and sixty seven, and of our reign the nineteenth year. reproduction of the original in the national library of scotland. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng covenanters -- early works to . scotland -- history -- - -- sources. broadsides -- scotland -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion c r honi soit qvi mal y pensea royal blazon or coat of arms his majesties gracious pardon and indempnity , to those in the late rebellion . charles r. charles , by the grace of god , king of scotland , england , france and ireland , defender of the faith ; to all and sundry our lieges and subjects whom these presents do or may concern , greeting : forasmuch as it hath been alwayes our greatest care , that our good subjects may live in peace and happiness under our government , so we have for that purpose been more desirous to make use of our mercy , to induce them to a dutiful submission to our laws , then to take special notice of any disorders committed by them , as the acts of indempnity and grace lately granted by vs will witness . and the same tenderness towards them still possessing us , in order to those who have been seduced and misled in the late rebellion and insurrection that appeared in some of the western shires , in the moneth of november last , we are resolved that our mercy to them shall far exceed our iustice : and therefore , out of our special grace and favour , we do by these presents grant our full and free pardon and indempnity to all persons who were engaged in the said rebellion , or who had accession thereto , from all pain or punishment , which by the law they are lyable to for the said rebellion , and for all deeds done by them in the same , or in relation thereto : excepting alwayes from this pardon , the persons and fortunes of colonel james wallace , major lermonth , maxwel of montief younger , macklellan of barscob , gordoun of parbrek , macklellan of balmagechan , cannon of burnshalloch younger , cannon of barley younger , cannon of mordrogget younger , welsh of skar , welsh of cornley , gordoun of garrery in kells , robert chambers brother to gadgirth , henry grier in balmaclelan , david stot in irongray , john gordoun in midtoun of dalry , william gordoun there , john macknacht there , robert and gilbert cannons there , gordoun of bar elder in kirkpatrick-durham , patrick macknacht in cumnock , john macknacht his son , gordoun of holm younger , dempster of carridow , of dargoner , of sundiwall , ramsay in the mains of arnistoun , john hutcheson in newbottle , patrick listoun in calder , william listoun his son , james wilkie in the mains of cliftoun-hall , the laird of caldwell , the goodman of caldwell younger , the laird of kersland younger , the laird of bedland-canninghame , porterfield of quarreltoun , alexander porterfield his brother , lockhart of wicketshaw , mr. trail , son to mr. robert trail , sometime chaplain to scotstarbet , david poe in pokelly , mr. gabriel semple , john semple , mr. john guthry , mr. john welsh , mr. samuel arnot , mr. james smith , mr. alexander pedden , mr. orr , mr. william veitch , mr. patton preacher , mr. cruikshanks , mr. gabriel maxwel , mr. john carstairs , mr. james mitchel , mr. william forsyth , and of all others who are forfaulted , and who are under process of forfaulture : as also excepting all such , who , since the late rebellion , have been accessory to the robbing of ministers houses , and committing violences upon the persons of ministers , and who shall be processed for the same , and found guilty thereof , betwixt and the first day of december next ensuing ; but with this express condition alwayes , that this pardon shall only extend to such , who betwixt and the first day of january next shall make their appearance before such as are authorized for that effect , and shall give bond and security for keeping the pubick peace of our kingdom ; and that such of them as shall give their oath that they cannot find security and caution , give their own bond for that purpose . and this our royal favour and grace , we appoint to be published at the mercat-cross of edinburgh , and other royal burroughs of these shires . given at our court at whitehall , the first day of october , one thousand six hundred and sixty seven , and of our reign the nineteenth year . certain disquisitions and considerations representing to the conscience the unlawfulnesse of the oath, entituled, a solemn league and covenant for reformation &c. as also the insufficiency of the arguments used in the exhortation for taking the said covenant. published by command. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c a estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) certain disquisitions and considerations representing to the conscience the unlawfulnesse of the oath, entituled, a solemn league and covenant for reformation &c. as also the insufficiency of the arguments used in the exhortation for taking the said covenant. published by command. barwick, john, - . [ ], , [ ] p. printed by leonard lichfield printer to the university, oxford [i.e. london] : . by john barwick, with the assistance of william lacey, isaac barrow, seth ward, edmund balders, william quarles, and peter gunning. the imprint is false; printed in london (madan). annotation on thomason copy: "said to be written by the universitie of cambridge"; "aprill th". reproduction of the original in the british library. eng solemn league and covenant ( ). -- early works to . covenanters -- early works to . great britain -- politics and government -- - -- early works to . a r (wing c a). civilwar no certain disquisitions and considerations representing to the conscience the unlawfulnesse of the oath, entituled, a solemn league and covena lacey, william d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - tcp staff (michigan) text and markup reviewed and edited - pfs batch review (qc) and xml conversion certain disquisitions and considerations representing to the conscience the unlawfulnesse of the oath , entituled , a solemn league and covenant for reformation &c. as also the insufficiency of the arguments used in the exhortation for taking the said covenant . published by command . oxford , printed by leonard lichfield printer to the university . . certain disquisitions and considerations representing to the conscience the unlawfulnesse of the oath , entituled , a solemn league and covenant for reformation , &c. we noblemen , barons , knights , gentlemen , citizens , burgesses , ministers of the gospell , and commons of all sorts in the kingdoms of england , scotland , and ireland , by the providence of god living under one king , and being of one reformed religion , having before our eyes the glory of god , and the advancement of the kingdom of our lord and saviour iesus christ , the honour and happinesse of the kings majesty , and his posterity , and the true publique liberty , safety and peace of the kingdoms , wherein every ones private condition is included , and calling to mind the treacherous and bloody plots , conspiracies , attempts , and practices of the enemies of god against the true religion , and professours thereof in all places , especially in these three kingdomes ever since the reformation of religion , and how much their rage , power , and presumption are of late , and at this time increased and exercised ; whereof the deplorable estate of the church and kingdome of ireland , the distressed estate of the church and kingdome of england , and the dangerous estate of the church and kingdome of scotland , are present and publique testimonies ; we have now at last , ( after other meanes of supplication , remonstrance , protestations , and sufferings ) for the preservation of our selves and our religion from utter ruine and destruction , according to the commendable practice of these kingdomes in former times , and the example of gods people in other nations , after mature deliberation , resolved and determined to enter into a mutuall and solemn league and covenant , wherein we all subscribe , and each one of us for himself , with our hands lifted up to the most high god , doe swear : seeing it hath pleased the composers of this covenant to set it forth with an introduction , which containes that which ( it seems ) prevailed with them , and they expect should work upon the three kingdomes to take the following covenant ; it will be behoofefull in the first place to reduce the conscience to a cleare and strict examination upon the contents of this introduction ; and then if it shall find that all things therein be true , and withall sufficient to that end for which they were premised , ( viz. to inferre a necessity of swearing to all things contained in the following articles ) the conscience will be directed to follow that dictate : but if it fail in either of those , we must betake our selves to other considerations to be guided by . we will therefore sincerely propound the contents of the preface , as neer as may be according to its method , joyning together matters of the same kind : and then we shall find the discourse of the preface to be resolved into these principles . . the glory of god , the advancement of the kingdome of iesus christ , the honour and happinesse of the king &c. are to be aimed at and endeavoured . . especially when they are endangered . . the meanes therefore necessary towards those ends are to be used , which are either supplication , remonstrance &c. or making warre . . the former are first to be used , but if they faile , then the latter . these are the universall maximes , whereon ( by application to the present condition ) the taking of the covenant is enforced : the three first then being granted , they subsume , that having used the former , and failing of successe , we are all necessitated to use the latter , viz. to swear to joyn with the scots in armes , which is the generall , and to those particulars after mentioned in the articles . that such joyning in armes is the generall end of the covenant , will appeare by comparing the sixt article of the covenant for mutuall assistance and defence of one another , with the article of the instructions , wherein the imposers of this oath appoint to be read ( publiquely at the time when the covenant is read ) the declaration of the kingdomes of england and scotland joyned in armes for the vindication , &c. in which declaration , the taking this covenant is made one of the grounds both of their confidence ( as they say ) that this warre wherein they are so deeply engaged is of god , and of their resolution ( which they professe ) with courage and constancy unto the end to doe their part . whosoever therefore is not perswaded in his conscience , either that all these meanes mentioned , and all other such like have been used , and have been rejected ; or upon supposition that they had , yet doubts of the consequence ( viz. that such an army may be leavied , and such a warre managed ) cannot without deadly sinne ( though disengaged from oaths for any of the following particulars ) upon the former principles take this covenant . but not to insist hereon , we will briefly run over the severall places of the preface , and consider the naturall intimations from them ; onely supposing for example , the end of this covenant to be the assistance , or at least , consent in this present joyning in armes , applying it to men of the church of england . i , a. b. living under the king . ] this cannot reasonably be a motive to warre , but obedience to him ; nor a motive to enter into a publique league , oath and covenant not prescribed by law , without him , much lesse against his expresse proclamation ; forasmuch as an oath for confirmation ( either assertory or promissory ) is to men for an end of all strife : and a publique oath propounded to a nation or nations , is for the ending of publique strife and divisions : and of any publique strife of a nation or nations , under one king ( properly so called ) the king is the supreame iudge in all causes , as well ecclesiasticall as civill ( as is evident by the law of god , pet. . and to us moreover by the law of the land , h. . c. . by the doctrine of the church of england art. . the book of homilies , and establish●d oaths of allegiance and supremacy . ) and therefore such an oath and covenant may not be entered into without and against the allowance of the king , who is the supream judge even in the supream judicatory it selfe . being of the reformed religion ] established in the church of england , the very marke and character of which , as differenced from popery and other sects , hath been chiefly , that it hath alwaies maintained , that it is not lawfull in any case ( not in the danger of their religion ) for subjects to take up armes against their lawfull soveraign . having before my eyes the glory of god , and the advancement of the kingdome of iesus christ . ] here the consideration of the mind requisite towards the judgement of conscience will be this ; whether by this warre , considered with its circumstances , the glory of god , &c. is more apt to be advanced then by peace : wherein , although reason might easily conclude , yet it will be much more certainly guided , if we shal examine those precepts which christ and his apostles have laid down , towards the accomplishment of those ends here proposed , and try whether they doe suggest or intimate any thing towards such a warre ; if they doe not ( or if the contrary ) the conscience having before its eyes the glory of god , &c. will not be induced to take this course for the advancement of it . for the rectification of conscience in this case , it will be requisite to consider this warre to which we are enjoyned to contribute , by whom and against whom it is undertaken : where , if the conscience finde it to be unlawfull in the undertaking , it cannot lawfully consent or assist , viz. if it be no waies lawfull for such as we are moved to joyne with , to take up armes against such as we should be sworne to oppose ; if it might possibly be lawfull in the first undertaking , it could no otherwise be but as it should be a necessary meanes to procure a just peace ; and the determination of conscience in this case will depend upon the consideration of the conjunctures of things at the undertaking , and all the time of the continuance of this warre : and if peace with truth might have been , or may be established without it , ( much more if this means shall be found opposite ) the conscience cannot without sin assent to this warre : here the mind is to examine the severall propositions , motions , overtures , &c. which have been and are made by both parties , and according to them to judge . the happinesse and honour of the king and his posterity . ] here we are to consider , whether , or what this action of ours will contribute towards the honour and happinesse of the king and his posterity . and because it is not easie to discover any foundation of such honour and happinesse &c. besides , that the managers of this party with whom they would have us to joyne , have never particularly declared the way how these ends shall be or are advanced by their warre ( although it is one of their most common expressions : ) the safest way ( at least the most naturall ) for the conscience is to raise a judgement of what is likely to ensue upon what hath preceded ( since these undertakings ) upon the same principles : where it is to consider , whether his honour or contumely have beene increased by and since these warres . and so for the happinesse of himselfe and his posterity , consider whether if these men be upon the same designe with those who gave him battell at edge-hill , newbery &c. what those designes made towards the happinesse of him , and his posterity . the true publike liberty , safety , and peace of the kingdome ] if the scots ( to whose assistance especially we are to be sworn ) should not hereby be able to conquer and prevail , what will our taking of the covenant advance the publike liberty and peace of the kingdom , according to the conceit of the enjoyners of the covenant ? if they should , consider how that can conduce to our liberty , unlesse thereby be meant freedom from our ancient laws , and from the setled happy government of church and state , whilst we may fear to be put under uncertain new ones ? secondly , safety , whether the danger of ruine doe not outweigh or equalize the hopes of safety . thirdly , peace , whether this be the onely , the likeliest , or indeed any probable meanes of procuring peace ? seeing there are but two wayes obvious by which this course should procure it , viz. victory , or reducing the king to yeeld to their desires . here the judgement of conscience will be grounded upon this , whether the king be no way but by force inclinable to a just peace ? wherein every ones private , &c. ] this is subordinate to the former immediately preceding . calling to minde the practices of the enemies of god against the true religion , &c. ] here we are to consider and reckon up , who and of what sorts are the enemies of the church of england , of which we are , and which is established by law , to which we have subscribed , and what party in this quarrell is openly professed for it , hath equally declared against all sorts of its enemies , and which is not ; and accordingly , &c. whereof the deploreable estate of ireland , &c. ] consider whether the true cause of this is to be referred ( both in the rise and progresse of it ) to the king , or the malice of the papists stirred up by those who ( they say ) had declared an intention of their utter extirpation ? and secondly , where afterward the impediment of succour to those of our religion lay ? the distressed estate of england ] whether that profession which is established by law , be distressed by the king or by sectaries ? the dangerous estate of scotland ] wherein was their danger after all things were setled with them and who brought them into that danger ? that party which we should swear against , or themselves ? after other meanes of supplication , remonstrance , protestation , and suffering ] this which is here di●joyned from the rest of the motives , and cast into a parenthesis , is indeed made the onely foundation of this way of proceeding , and puts the onely case wherein such a way of covenanting , &c. can be imagined to be lawfull : so that if these meanes have not beene both before , and ever since the undertaking of this designe sincerely and effectually endeavoured ( by the intimation of this introduction it selfe ) this course is not warrantable ; and there are other principles of scripture and our religion which are to be examined if they have beene used such as inferre , that it is not lawfull in any case whatsoever to resist with arms the lawfull power by god set over us . now whether these means have been and are to used , it will best appear by considering who hath sent the messages for treaty towards peace , what hath been declared by both parties of certainty , and particularly touching religion , law , and proviso's for tender consciences ; and comparing together the severall remonstrances , protestations , and sufferings . though all hitherto had beene used and rejected , consider if the overture now lately made by the kings party , might not ( by the mercy of god ) be a meanes to produce peace &c. if the businesse be managed as it ought . and according to the results of these the conscience must conclude . for the preservation of our selves and our religion ] the religion wherein we are grounded and to which the clergy hath subscribed , in the religion of the church of england comprised in the liturgy , articles , book of ordination , and homilies of our church , confirmed by our . article : consider whether the covenant be a meanes ordered in reason to preserve these from ruine . according to the commondable practice , &c. ] if this kingdome have done so , that cannot resolve the conscience : but consider whether ever in the like case the like warre was commenced ; if any one had been propounded , the conscience would the more easily have determined ; but seeing there hath not , it must run over the chronicles . in the meane time in such cases as are found , it may anticipate instances to the contrary ( as in queen maries dayes and those of henry the . when there was more just reason in respect of religion , if there might be any , then now is alleaged ) and other arguments , such as the doctrine of the church of england ever since the reformation , and the like , to equipoize this which is asserted gratis ; and if after disquisition this be not found true , the conclusion of the conscience will be according to those premisses . according to the example of gods people , &c. ] this is of the same nature with the former warrant , and therefore the conscience upon this may proceed as upon that , seeing they have not set downe which of gods people in any age or place , upon the like causes have taken the like course ; till this be represented to the conscience , the safest way will be to examine what our saviour himself , and the apostles , and primitive christians ( who were assuredly gods people ) did hold and practice for doctrine and example in the like ( if there have ever been ) or a worse case them is proved or pretended . and if they have not resisted ( or held it lawfull ) their princes in the greatest persecutions and utmost danger of religion , and all that could be dear unto them , it may raise a conclusion , ( till some stronger reasons can be presented , or the errour of these be cleared and taken off ) what is to be done when we are required to assist a warlike entrance of subjects ( with all the other circumstances which attend this action of the scots ) made onely upon a beleeved charity of helping their neighbours . the summe of all is , that if all and every of the materials of this preface ( in as much as concernes the premisses ) were true , our consciences cannot assent to the consequence , that it is lawfull for us as subjects of the church england ( though we had not sworn or subscribed to some particulars , against which some of the articles are contrived ) to assist the scots , or consent to them in this warre , which assistance is the generall end of this covenant . secondly , there is not any one member which doth conclude any thing to our consciences to move us to take it , neither in the complication doe they conclude . thirdly , there is not any particular member of it which doth not either directly , or by considerations naturally suggested by them and altogether unforced , prevaile with us to the contrary . so that till every one of these obstacles and scruples be taken off , we cannot without violence to our consciences take this oath : that we shall sincerely , really , and constantly , through the grace of god , endeavour in our severall places and callings , the preservation of the reformed religion in the church of scotland , in doctrine , worship , discipline and government , against our common enemies ; the reformation of religion in the kingdoms of england and ireland , in doctrine , worship , discipline and government ; according to the word of god , and the example of the best reformed churches : and shall endeavour to bring the churches of god in the three kingdoms , to the neerest conjunction and uniformity in religion , confession of faith , form of church government , directory for worship and catechizing ; that we and our posterity after us may as brethren live in faith and love , and the lord may delight to dwell in the midst of us . in the first article are we to be sworne to endeavour the preservation of the doctrine , worship , and discipline of the church of scotland absolutely , or with this added as a restriction , against our common enemies ? by whom doe we not rightly conceive to be meant the common enemies to the churches of england , scotland , and ireland ? that those words , [ against our common enemies ] are to be taken restrictively it may be thought , because they otherwise should have been vainly added ; and that by common enemies those are meant , the necessity of the grammaticall sense implies ; there having preceded no other division , to which this community can referre , besides that of england , scotland and ireland , in the preface . so that the word our must referre to we in the beginning of the preface , whose onely distribution which can referre to common here , is that of the kingdoms of england , scotland and ireland . is not therefore the true sense of this part of the article this , viz. i will sincerely , really , constantly , through the grace of god , in my calling against those who are enemies ( for example ) both to the articles of the church of england , and those of scotland , both to our liturgy and their directory for worship , both to our church-government and to presbyteriall government , endeavour to preserve their articles , manner of worship and presbytery ? if thus it be , these things are to be considered ; if the imposers of this oath are assured in their conscience , that the doctrine , worship &c. of the church of scotland , can infallibly be proved out of the word of god , why would they have us sweare to endeavour ( in our calling of the ministery ) to preserve it with a restriction against some men onely , and not absolutely and indefinitely ? whether is this so free from the scandall of respect of persons , as an oath for the impartiall defence of truth doth require ? if they doubt it cannot be infallibly proved , how can our brethren of scotland , without spirituall tyranny , desire an oath to be imposed upon us ministers of the gospell of another church , to endeavour sincerely , really &c. in our calling ( viz. by preaching , disputing , or otherwise ) the preservation of it thus far ? secondly , how can we take an oath to endeavour the preservation of that doctrine which we neither know what it is ( as it now stands ) nor are told in any declaration or exhortation to us ? nor were bound to know or search ( no opportunity offering it self ? ) how then can this oath be by us taken in judgement ? or since we doubt thus , though in generall , how can it ( not being of faith ) be other then sinne ? whether are we not , if any thing shall be by us hereafter found in the doctrine of scotland contrary to sound doctrine , bound to endeavour by the second article to extirpate it , and by the first to preserve it ? as for their discipline and government , so much as we understand of it ( though otherwise we never interposed , yet being now called to give our consent to it , or reason to the contrary ) we professe it to be such as that we dare not binde our selves by oath to endeavour its preservation constantly and indefinitely , for all time to come , till it be evidenced unto us that it hath been in any time before untill this our last age . if it shall here be replyed , that we are required to endeavour the preservation of their doctrine , worship , discipline and government , onely against our common enemies , that is , of us of the churches of england , scotland , and ireland , and so the preservation of it onely so farre as we all agree ; this we cannot conceive to be the adequate sense of those words , especially according to the intention of the imposers . for it is clear ( as we have already touched ) that our common enemies are not onely they who are adversaries to us in that wherein we all three doe agree , but those also who in such things wherein we differ amongst our selves , are yet by opposing themselves to us all , our common enemies ; against whom therefore by this oath we should be bound to preserve to each that also wherein we differ amongst our selves . moreover , that that sense is neither the onely , nor the chief sense intended by the imposers , we have cause to think : because if so restrained , our brethren of scotland ( in favour of whom we conceive this part of the article to have been proposed ) would be no whit secured against the fears of innovations from england , if we were onely sworn to preserve unto them those things wherein we all agree at the entring this present league and covenant . thirdly , we desire to know why our brethren of scotland should desire it to be imposed upon us by oath to maintain the articles of their religion , so far forth as hath been said , since our mother the church of england never yet hath imposed upon us by oath to preserve her own known articles , but hath testified her moderation to all , in that she hath required subscription onely of all men which were admitted into holy orders , or ecclesiasticall benefice , or to degrees in the university ? and yet this was lately judged , since the sitting of this parliament , to be too harsh an imposition upon younger students at their admission to degrees , and the urging of it suspended . and we know not whether ever it was in use before this age , even in any not corrupted church , to command men to swear the maintaining the articles of their religion , much lesse their discipline and church government . as to the second thing in this first article to which we are to swear , how can any who are perswaded that there is nothing in the doctrine of the church of england , which is not consonant to the word of god , without vanity swear to endeavour the reformation of it according to the vvord of god ? especially since we have lately protested to defend that doctrine of the church of england ? and how can any who reverently beleeve this church to be in respect of her doctrine , worship , discipline , and government established by law , no lesse perfect then any of the reformed churches , swear to endeavour its reformation in all those , according to the example of the best reformed churches ? and here by the way we cannot but take notice that this part of the article is so framed , as if there were nothing in the doctrine &c. of the churches of england and ireland to be preserved , and nothing in theirs of scotland to be reformed . moreover , the best direction for conscience in examining what is here meant by reformation , will be to consider those instances wherein in the following articles is declared the reformation , and then if perswaded that there is any thing there exprest ( as instances of reformation ) which is not according to ( much more if against ) the word of god , how can we take this part of the oath , at least in the sense of the imposers ? as touching the third thing , an endeavour of uniformity &c. the considerations for direction of conscience will be the same with the second : for we are required to swear to endeavour an uniformity , and that in the reformation before mentioned , and after that reformation ; so that in whatsoever sense or kind the reformation by them mentioned , and after described , is not to be undertaken , in the same our endeavour for uniformity is not lawfull . lastly , in the taking of this first article , we should ( as we conceive ) make our selves guilty either of rash swearing , or of perjury ; and that from the necessary consequence of the complication of these two clauses , wherein first we should swear to preserve the reformed religion in the church of scotland , in doctrine , worship , discipline , and government against our common enemies . and secondly , to bring the churches of the three kingdoms , to the neerest conjunction and uniformity in those particulars among ourselves : if we endeavour in our callings ( but by prayer ) to alter any thing in the church of scotland , wherein our enemies are theirs also ( though therein we differ amongst our selves ) we commit perjury , because we swear to preserve it . to effect therefore the neerest uniformity in those particulars in the three kingdoms , we are sworn to endeavour to bring the other two kingdoms to the neerest conformity to the church of scotland . now how can we swear to regulate by a rule , and to reform by a form , which we fully know not , ( and much lesse know to be a fit rule or form ) without rash swearing ? sure we are , we cannot swear it in judgement , and for ought we know , not in righteousnesse . that we shall in like manner , without respect of persons , endeavour the extirpation of popery , prelacy , ( that is , church-government by archbishops , bishops , their chancellours and commissaries , deans , deans and chapters , arch-deacons , and all other ecclesiasticall officers depending on that hierarchy ) superstition , heresie , schisme , prophanenesse , and whatsoever shall be found to be contrary to sound doctrine , and the power of godlinesse ; lest we partake in other men sins , and thereby be in danger to receive of their plagues , and that the lord may be one , and his name one in the three kingdoms . how can we swear to this part of the covenant , who doe believe that to endeavour the extirpation of church-government by bishops is an act utterly unlawfull for all severall places and callings ( and especially ours ) by the law of god and this land , and to swear it much more sinfull . and are we not here bidden to covenant and swear to endeavour the extirpation of church-government by bishops ? to us either the words are ambiguous , ( and to ambiguities we may not swear ) or rather ( for we are loath to charge the words with ambiguitie ) the grammatical sense ( according to which the oath is to be taken ) speaks so : for as to what we hear by some said , that onely our church-government in aggregato , by all those governours together in a collective sense taken formally , is to be endeavoured to be extirpated , and not each there mentioned : first , such interpretation given out is private onely , and not by the authority of the imposers ; and secondly , those words [ and all other , &c. ] do manifest that all the formerly mentioned particulars ( in the parenthesis ) are to be construed distributively , so farre forth as to the extirpation of them . to omit that the word prelacy there interpreted more properly agreeth to arch-bishops and bishops , then to the rest there mentioned , and a prelacy they would be without them , because preferred before presbyters : and if it no more were meant to ejure bishops then presbyters or deacons , since as well presbyters and deacons make up part of our church-government , as it now stands in aggregate , whether might this oath be taken , had they also been included ? lastly , is not their practise for whose satisfaction this covenant should be taken a ( added to the common sense of mankind in the like manner of speaking or understanding such speeches ) evidence enough to us that we cannot take this oath and covenant , unlesse we will swear to endeavour the extirpation of church-government by bishops . if this be so , we desire to know , first , whether it be lawfull for subjects to swear such a covenant as directly contradicts the oath of their soveraigne at his coronation , as this second branch of the covenant doth , binding us to endeavour the extirpation of the government of our church by bishops ? for that our soveraign hath taken as contradictory oath is evidently manifest by the last clause of the oath which the kings of england take at their coronation : when after many other gracious promises wch the king makes to his people , one of the bishops reading to the king before the people concerning the canonicall priviledges of the church , and beseeching him that he would be the protectour and defender of the bishops & the churches under their government , the king answereth in these words [ with a willing and devout heart i promise and grant my pardon , and that i will preserve and maintain to you and the churches committed to your charge , all canonicall priviledges , and due law and iustice , and that i will be your pretectour and defender , to my power , by the assistance of god , as every good king in his kingdom in right ought to protect and defend the bishops , and churches under their government . ] then the king ariseth , and at the communion table makes a solemn oath in the presence of the people , to observe the premisses , and laying his hand upon the book saith [ the things which i have before promised , i shall perform and keep , so help me god , and the contents of this book . ] how can this oath then for the extirpation of church-government by bishops be consistent with the oath or honour of our soveraign , which we have so solemnly protested to defend in the late protestation ? how can we with a solemn oath enter into such a covenant to which we may neither swear without our soveraigns consent , nor yet can lawfully desire nor have his consent ? how sad were our condition , were the king willing of himselfe to violate this oath ? but what should we have to answer , should we by taking such a covenant , this way necessitate ( so far as in us lies ) his sacred majesty to violate his oath so solemnly sworn at his inauguration ? secondly , that to endeavour the extirpation of church-government by bishops , is a sin against divine law , all those arguments and authorities convince , which prove that bishops are of apostolicall institution , and unalterable , and consequently divine ; which we shall unfold in these propositions : first , that their institution stands grounded upon our saviours own action and institution of the apostles . secondly , that christ and his holy spirit , by his apostles appointed bishops . thirdly , that christ the sonne of god , and the holy ghost afterward confirmed and approved bishops , and their commission and power which the apostles had appointed . for the first , we say their institution is grounded upon our lords own instituting and ordaining twelve apostles , above seventy disciples ; who saith to these his apostles , as my father hath sent me , even so send i you . a st. joh. . . as in other ends of his mission so how not in this , which we know they did according to his pattern ? as he was sent by his father therefore to ordain one order of teachers of the gospell superiour to another , ( which we know , because he did so ordain . ) so also sent he his apostles to ordain ( which accordingly they did , and whatsoever they did by christs example therein , they did by his commission here given ) in an imparity , bishops succeeding the apostles above presbyters subordinate , as the seventy a . that bishops succeeded the apostles in the ordinary part of their function , as it is the judgement of the most ancient godly fathers , b that bishops , we say as contradistinct to presbyters were the successours of the apostles ; so is it manifest from scripture , since power episcopall , ( as it is now taken in this dispute ) which we shall prove to have been given by the apostles to bishops , and to them onely after the apostles , was undeniably in the apostles , and for a while held in their own hands without communicating it to others . that the bishops were afterwards instituted by the apostles themselves , which so many ancient authous have averred . c and namely by the apostolicall authority of st. paul , and their institution , part of holy scripture is made good , in that the power and office of a bishop ( as the word is now taken in the ecclesiasticall notion ) is prescribed in the three epistles of st. paul , to those two famous church-governours timothy and titus , particularly the office and power of a bishop ( as it is now taken contradistinctly to the office of a presbyter ) in these texts , tim. . . tim. . , , , . . tim. . . tit. . , . tit. . . : ( and some others ) and these texts thus interpreted by antiquity d . and as the office prescribed there is episcopall , so these two appointed to this prescribed office of a bishop by st. paul himselfe , tim. . . tim. . . tit. . . yea by the holy ghost , say chrysost. theophyl , oecumenius : by divine revelation saith theodoret of timothy . and that these two were bishops according to the ecclesiasticall notion of the word now used , ancient fathers plentifully witnesse . b moreover this superiority to office episcopall to have been fixed and continued to the day of death is evident , as from church-history , so also from tim. . . where {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} is the same with {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} in the beginning of the epistle tim. . . and includes in it the whole charge given by st. paul to timothy in this epistle . c from which text also it is manifested , that his office prescribed was not personall onely , but to descend by succession unto the comming of christ d thirdly , this office and power episcopall , that it was afterward approved and confirmed by the sonne of god himselfe immediately , and by the holy ghost , will be proved from revel. c. . & . . & . where by the seven stars , the angels of the seven churches , according to all reason , from the text it selfe , and by the testimony of antiquity e are seven bishops of those seven churches understood ( which ecclesiasticall story mentions to have been in the church long before this time ) as so many angels and apostles f of the churches ; such as was polycarp , the angell , the bishop of the church of smyrna , made bishop of that place by the apostles themselves thirteen yeers before this book of the revelation of st. john was written : and onesimus probably the then bishop , the angell of the church of ephesus . their office , power , and commission are there intimated to have been episcopall , and charged upon them by christ , in that five of the angels are charged as blameable , and accomptable for the faults of both presbyters and people ; and therefore surely were trusted with authority over presbyters and people , to have corrected and censured them . particularly , episcopall power is intimated there , chap. . of the revel. vers. . and that power of excommunication is sufficiently grounded on the verse , mr. perkins in locum , affirmeth . their mission to that office also , as it is there confirmed by the sonne of god , and by the holy spirit : so also , to have been at first from god is in their title implied : for angels sent forth for the churches sake are never said in holy scripture to be any's messengers but gods ; and if his messengers or angels , then sent by him . that their superiority was fixed , not weekly , or annuall , is clear , as from the ecclesiasticall history of polycarp , and onesimus , so also from the text it self , c. . . where the angell of the church of smyrna , as angell of the church , is bidden to be faithfull ( in his office surely ) untill death b . nor was it personall onely but describing the office of the angell of any church ( in like laudable or blame-worthy state ) unto the comming of christ ( as it is implied v. . & . of the second chapter . ) for what is said to them , so long as there is any that hath an eare to hear , he must hear , c. . v. . nor did the personall blameworthy carriage of the angell of the church of sardis , c. . v. , &c. or of the angell of the church of the laodiceans , v. . . hinder christs approbation of their office , who are in regard of their office ( not of their personall excellency ) stiled the angels of the seven churches , and the stars in the right hand of the son of man : both which stiles that they are there singularly appropriated to these successours of the apostles , ought not to seem strange , since the twelve apostles are confessedly meant by the crown of twelve stars , apoc. . . and st paul the apostle of us gentiles , speaks of himself received as an angell of god , galat. . . summarily therefore out of holy scriptures thus we reason , many presbyters and preachers in one church , and one chief , having eminency and power over all presbyters and people therein , proveth the office of a bishop ; but so holy scripture witnesseth were in ephesus , many presbyters , act. . . ( or if they were bishops in the sense now disputed , some of them at least , as irenaeus thought , l. . c. . we need go no further in the argument ) and more afterwards surely , and yet one chiefe pastor or bishop over all , such as was timothy in his time , and the angel of that church ( whosoever he was ) mentioned rev. . . so also in the church of pergamus , there were divers teachers , true and false , c. . v. , . one angel governour in chief , v. . for be it that all the presbyters of each of the churches might well have been called angels c , yet that one among them ( in each church ) in such a compatible community of name is so called by way of eminency , proves an eminency in the one so called : which must either be of personall excellency above all the rest ( and this who can shew us in the angel of the church of sardis , laodicea , or thyatira ? ) or else ( and rather ) of office and power , so as iohn baptist was called an angel , malac : . who was more then a prophet ; and st. paul received as an angell , gal. . . who was more then a minister , and our saviour christ is called michael , apoc. . . with his angels fighting under him . one objection more we shall take notice of , viz. the pretended necessity of understanding by each of the angels there a collective body , from c. . v. . & . but this is manifestly clear to be no necessity at all from the like manner of speaking of the holy ghost chron. . . & to the . compare and judge . and therefore it is not lawfull without any necessary reason , to depart from the literall and determinate individuation of one chief spirituall church-governour , in each of the seven churches : for otherwise , as tertullian speaks lib. de carne christi , cap. . omnia periclitabuntur alitèr accipi quàm sunt , & amittere quod sunt , dum alitèr accipiuntur . yea there is not onely no necessity , but much in the text which doth resist such an interpretation of a collective body : for it should be either an angel put for the whole particular church ; and this cannot be , seeing the angels and the churches are accurately distinguished c. . v. . or an angel put for the whole collection of the presbyters ; but neither may this be admitted , inasmuch as in the same verse the angels are called {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} seven , no more ; and {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} not {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} stars , not constellations , as suidas distinguisheth the words . you have our reasons from these scriptures , why to us it seems that to swear to endeavour the extirpation of church-government by bishops is to swear to endeavour the extirpation of that whose root is in holy scripture ; and to swear to endeavour ( which we tremble to think of ) to wrest these stars out of the right hand of the sonne of man , who is also the son of god . for in his right hand are they held , the angels of the churches , revel. . , . as church-government by bishops hath been evidenced by holy scripture , so was it also the judgement of the ancient godly fathers , that it was an institution apostolicall and divine ; {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} saith theodoret , l. . c. . by st. cyprian , ep. . the power of episcopacy is exegetically called , ecclesiae gubernande sublimis & divina potestas : & epist. . dominus noster episcopi honorem disponens in evangelic . and anon after , ut omnis actus ecclesiae per episcopos gubernetur : cum hoc itaque divina lege fundatum sit , miror quosdam audaci temeritate &c. & epist. . episcopos & praepositos dominus elegit : and anon after , deus episcopos facit . athanasius epist. ad dracontium saith , that he who contemns the function of a bishop , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} and that the office is of those things {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} &c. {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} : ignat. epist. ad magnes . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} idem ignat , epist , ad ephes. oecumen. c. . in tim. . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} theophylact. and oecumenius found bishops upon ephes. . . and on hebr. . . oecumenius and nazianzen in apologet . in pet. . vide hegesippum apud euseb. lib. . cap. . and chrysostom . in tit. . hom. . saint ambrose de dignitate sacerdot . c. . & . isidor . pelusiot . lib. . ep. . further , out of the holy scripture we might alledge according to saint hieroms interpretation , that this distinction between the bishops and his presbyters was signified in moses and the . so hierom in tit. . the distinction of presbyters and deacons , to be that which was under the law of the high priest , priests and levites . so s. hieron. ep. . ad nepotianum & ep. ad evagrium ; and before him ignat. ad philadelph . clement . ep. ad . corinth . chrysost. hom. . ad pop. antioch . and after leo ep. isidor . hisp. de officiis , eccles. l. . c. . & . that the eminent dignity and office of bishops was prophecied of , psal. . . where bishops are meant , say s. august . in loc. comment. called s. hieroms in locum . s. cyril . of alex. in loc. theodoret in locum . ruffinus in locum : as the other of presbyters and deacons were prophecied of , isaiah . . and further , for imparity of teachers in the new testament , that answerably to prophets in the old , and sons of the prophets , among some that served in the gospell , some were as fathers , others serving with them as sont . so also that we read of builders and master-builders in gods building , cor. . and we read also among those builders of {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} &c. {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} &c. {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} &c. cor. . . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} hebr. . . and under them {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} luc. . . but for the confirmation by scripture of the office of a bishop , we adhere especially to the epistles to timothy and titus , and those seven epistles , apoc. , , and . and if it be acknowledged of institution apostolicall , and approved by god but temporary onely , the contrary will be made manifest , as from the proper light of the texts alledged , and from the forecited text , tim. . . so also from this proposition which we avow : no constitution apostolicall received by the universall church perpetually in all ages , unto this age of this controversie , can without scandall and dangerous consequence be called temporary ; the universall practice of the church practising continually and perpetually an apostolicall institution , being a most sure commentary that it was no temporary institution . forasmuch as we are taught by the holy ghost in divine scripture , that contention in what the law of god is pretended not to be expresse , may be warrantably taken off by the custome of the churches of god , cor. . . see theophylact. in locum . custom , i doe not say any , but of the churches of god , i.e. primitive , also universall , perpetuall , interpreting the controverted law of god , whether naturall , as vers. . or positive , by no lesse reason . whereunto agreeth well the rule of s. augustine , contra crescon. lib. . c. . & contra donat. l. . c. . quod universa tenet ecclesia &c. & ep . . ad casul . & epist. ad januarium . si quidtota hodie &c. & vincent lyrin . adversus haereses , c. . &c. . quod ubique , quod semper , quod ab omnibus &c. and if not by such traditive interpretation from the custom of the churches of god , according to the apostles rule , how shall we convince contentious gainsayers , that the sense of those texts , goe and teach all nations , baptizing them &c. matth. . and those other of baptizing the houshold of stephanus , and of the keeper of the prison , cor. . acts . or any other scriptures , to be a divine warrant ( as they are ) for baptisme of infants ? or the sense of hoc facite &c. luk. . to imply a divine right of presbyters onely to consecrate the elements of the blessed sacrament ? or the sense of those texts , iohn . , , . acts . . . cor. . . revel. . . or psalm . . or of any other scriptures to be a divine warrant for the translation of our one day in seven from the seventh day of the week to the first ? or on the other side , how shall we convince those of the church of rome , that that apostolicall divine precept , iames . . as to the anointing the sick with oil was a temporary precept onely , but negatively from the interpretation of the custom of the churches of god ? since miraculous gifts were also conferred by the laying on of hands , which yet was not temporary , heb. . now that this apostolicall institution hath been universally practised , and perpetually in the custom of the churches of god of all times and places ( excepting onely some narrow place and time of this age of this controversie ) and that in churches founded by different planters , by all the severall apostles and others sent by them , as well those churches which have in severall ages rejected the antichristian monarchy of the bishop of rome over all the church , as others ; and that order preserved by god from extirpation , thorow all the ten persecutions , and descending in each church or city by particular continued succession : as for example , bishops from s. timothy to the time of the chalcedon councell , as was declared there , act . . that in all times , primitive and following , bishops have been chief in ecclesiasticall government , in councels , in martyrdom , in piety , in learning , in the conversion of nations , in the mighty confounding of heresies and heretiques ; we beleeve we are able ( if any deny ) to make good . and first here for the primitive churches , we alledge all the forecited testmonies of antiquity , proving bishop to have been instituted by the apostles themselves , vide supra . yea and early , within the apostles times there having been not onely three bishops of rome successively , linus , cletus , and clemens : and within saint johns time of life , four bishops of alexandria successively , saint mark , anianus , abilius , and cerdo ; three bishops of antioch , saint peter , evodius , and ignatius ; two of jerusalem , saint iames and simeon ; all while saint john the apostle yet lived , euseb , hist eccles. lib. . cap. . but also saint iames made bishop of ierusalem soon after the passion of our lord , saith saint hierom. de script . eccles. after the ascension of our saviour , saith euseb. lib. . cap. . before saint stevens martyrdom , for saint steven was deacon to iames bishop of ierusalem , saith ignatius epist. ad trall . and the ancient author of the epist. ad heronem under his name ; and that james himself was martyred after he had governed the church of ierusalem . yeers , saith saint hierom. de script . eccles. and as saint hierom affirmeth , iames the apostle to have been the first bishop of ierusalem , in gal. . so also peter to have been the first bishop of antioch , in gal. . and mark the first bishop of alexandria , in prooem. in matth. who died six yeers before saint peter or s. paul ( saith saint hierom. though therein he dissent from irenaeus lib. . ) . yeeres before saint iames the apostle ; besides therefore nine recorded as bishops in holy scripture , timothy and titus bishops of ephesus and crete , and the seven of the seven churches in asia ; besides two apostles bishops , viz. iames of ierusalem , and a peter of antioch , b and one evangelist , mark of alexandria c : there are also nine other ( in all . ) recorded in holy scripture ( all which , except two of the seven angels , are there registred for saints ) who ( if we will beleeve as credible records of christians as any other humane records whatsoever ) were bishops before they died , viz. clemens d and e linus made bishops of rome successively by peter and paul . evodius f bishop of antioch by peter and paul . dionysius the areopagite bishop of athens g : archippus h bishop of the colossians : epaphroditus i bishop of the philippians : epaphras k bishop of the colossians : gaius l also bishop of the thessalonians : trophimus m bishop of arles : to which you may adde ( the two and twentieth ) antipas bishop of pergamus , if we will beleeve paraeus in apoc. . proving it out of arethas caesariensis , in apoc. . and onesimus bishop of ephesus , n if he were not the forementioned angel of the church of ephesus , when saint iohn wrote his revelation . to omit to speak here of other bishops , who were schollars and auditors of the apostles , ignatius of saint iohn o made bishop of antioch by saint peter ; papias p saint iohns schollar , bishop of hierapolis ; publius and q●adratus q bishops of athens , disciples of the apostles ; simeon the son of cleoph●● r bishop of ierusalem ( after iames ) and the kinsman of our lord . this order of bishops which began ( though the first we read of in scripture be timothy and titus ) in saint iames of ierusalem , or saint mark of alexandria , continued thorowout all the following ages of the churches of god , in which bishops have been the most reverend martyrs , such as ignatius , polycarp . irenaeus bishop of lions , cyprian of carthage , and more then . of the first bishops of rome successively both in episcopacy and martyrdom . of bishops also especially did consist the first four generall councels , received by all the reformed churches , the confounders of the maine heresies touching the second and third persons in the blessed trinity ; and by an act of parliament , . eliz. cap. . next to the canonicall scriptures , made the rule of judging heresies : who also in councell gave judgement for the inviolable practice of the church in this order : the generall councell of nice providing , ne in unâ civitate duo sint episcopi , cant. . the generall councell of constantinople adjudging to bishops the power of ordination , can. . and can. . in the case of maximus . the generall councell of ephesus distinguishing betwixt the bishop and the rest of the clergy . can. . and confirming the bishops jurisdiction , can. . the generall councell of chalcedon determining , can. . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} for as much then , as in the first article we are required to swear to endeavour the reformation of religion according to the word of god , and the examples of the best reformed churches , surely we may not in the second article swear to endeavour the extirpation of church-government by bishops , and so to forsake the government grounded on the word of god , and to forsake the example of all the ages of the primitive churches , then which we conceive no late reformed church will pretend to be more pure , and to whose examples they do or ought to endeavour to reform themselves . but after all this , it will be said , that this government by bishops is ejured onely , as it interprets prelacy , which word if it have been translated regimen tyranicum , the translation as farre exceeds the truth of grammar , as the prelates are accused to have exceeded their lawfull power ; forasmuch as prelacy in its originall , and acception of ancient authors ( praelati we say , not elati ) imports but lawfull preeminence and power . so is timothy called by gregory de cura pastor : p. . c. . praelatus gregi ; and the word prelate is often honourably mentioned in our lawes , ed. . & hen. . and is no more then the title praepositi mentioned also with honour by st. cyprian epist. . & . & . augustin . de civitate dei , l. . c. . or antistites , s. cypr. ep. . & sancti antistites , s. august . ep. . and divers words in scripture used , signifying equivalently such preeminence , but let it not be told indeed in other churches , that any other is here abjured then regimen tyrannicum . but are we warranted by the following stile of hierarchy ? doth that word import originally and anciently any other then a sacred government ? was it not accepted and approved in it selfe by mr. calvin . lib. de necessitate eccl. reformandae , talem si nobis hierarchiam exhibeant in quâ sic emineant episcopi , ut christo subesse non recusent , &c. ut ab illo tanquam uno capite pendeant , & ad ipsum referantur , &c. tum verò nullo non anathemate dignos fateor , qui non eam reverentèr summâque obedientiâ observent . moreover , how can we in the same article abjure church-government by bishops , with heresie , schisme , and prophanenesse , ( as there it follows ) yea prelacy even before schisme and heresie , &c. when as bishops have been in all ages the chief confounders of heresie and heretickes , such was athanasius bishop of alexandria of the heresie of arrius . cyril of alexandria of the nestorian heresie . caelestine bishop of rome , augustine bishop of hippo , prosper bishop of rhegium , fulgentius bishop of ruspi , of the palagian heresie : and many more in all ages of the church before and since . nor was there found any one christian , thorowout all the primitive and purest times of the church , for above five hundred yeers after christ , who thought it fit to abolish church government by bishops ( much lesse to ej●re it ) save onely one heretick , aerius , so censured by epiphanius , haeres . . and by saint augustine , haeres . . whose speech savoured of madnesse , saith epiphanius ; for he had said , what is a bishop differing from a presbyter ? a and the occasion of it saint augustine lets us know , lib. de haeres . c. in aerium ; aerius being a presbyter , is said to have been vexed , because he could not get to be ordained a bishop , and thence arose his envy : epiphanius witnesseth as much , haeres . . secondly , as to schism , saint hierom the one and onely father alledged , as denying the divine institution of bishops , yet held them necessary to represse schism , and then surely most necessary , when schism doth , as in these our dayes , most abound : for avoiding of schism , saint hierom witnesseth , episcopacy was thought necessary long within the apostles times , even as early as it was said by some , i am of paul , i am of apollo &c. and therefore saith in his dialogue , adversus luciferian . ecclesiae salus in summi sacerdotis dignitate pendet , cui si non exors quaedam , & ab omnibus eminens detur potestas , tot in ecclesiis efficientur schismata , quot sacerdotes . s. cyprian also epist. . non aliunde haereses obortae sunt , aut nata sunt schismata , quam &c. and so also lib. . epist. . unde enim schismata & haereses obortae sunt & oriuntur , nisi dum episcopus qui unus est praesumptione contemnitur ? &c. master calvin also himself upon philipp . . . fateor quidem ut sunt hominum ingenia & mores , non posse ordinem stare inter verbi ministros , quin reliquis praesit unus . so that we cannot apprehend the abjuration of episcopacy to be a meane to that unity in this article mentioned , that the lord may be one , and his name one amongst us , but rather the continuation thereof , according to the counsell of the holy martyr s. cyprian , unus deus , unus dominus , unus episcopus ; and that of ignatius ad magnes . b subjecti estote episcope & vobis mutuè , ut christus patri , ut inter vos divina quaedam sit unio . next , prophanenesse is here also to be cast out with episcopacy ; yet who may not fear gods judgements , if he deny the detestable growth of prophanenesse since the contempt of that apostolicall institution of episcopacy ? so that this article as to bishops extirpation we must refuse , upon that close upon which others take it , lest , as it is said , we should partake in others sin , and consequently in their plagues . thirdly , because neither can we swear to endeavour the extirpation of that part of this church-government by archbishops , an ecclesiasticall constitution , so confessedly ancient ; nor that part of this church-government by deanes and chapters , that is , a society of grave divines , of presbyters joyned to the bishop in his see of residence , as assistants in councell and government : as james bishop of ierusalem had his resident presbyters , acts . . and consulted with them , vers. . according also to the ancient generall and continued custom of the church of god ever since the first christian emperours time ; and moreover endowed with means given to them by the last wils and testaments of many ( which it is not lawfull for us to endeavour to annull , hebr. . . ) and by the gifts of many other donors , who had true propriety in their goods , and might and did transfer the undoubted property to those to be enjoyed by the right and liberty of the subject ; especially such endowments having been consecrated and devoted unto god for pious uses , and which may not therefore by us ( as we conceive ) be endeavoured to be alienated , prov. . . numb. . . and as to the exercises of piety , so also to the encouragement of the most excellent part of learning , the study of divinity and of holy scripture . we shall with the same sincerity , reality and constancy , in our severall vocations , endeavour with our estates and lives , mutually to preserve the rights and priviledges of the parliaments , and the liberties of the kingdoms , and to preserve and defend the kings majesties person and authority , in the preservation and defence of the true religion , and liberties of the kingdoms , that the world may beare witnesse with our consciences of our loyalty , and that we have no thoughts or intentions to diminish his majesties just power and greatnesse . because in the third article , whereas we are required , and that in the first place to binde our selves absolutely without limitation expressed , to preserve the rights and priviledges of parliaments , and the liberties of the kingdoms ; and were likewise tied simply and indefinitely to defend the kings person , state , and honour , by the oath of allegiance and the late protestation ; here when we are bidden to swear to defend his majesties person and authority , it is added [ in the preservation and defence of the true religion , and liberties of the kingdoms ] therefore this manner of swearing we dare not admit , till it be publikely declared by the imposers , that the meaning of those words is not ( as to some it may sound ) that i binde my selfe to preserve and defend his majesties person and authority so farre forth as he shall preserve and defend true religion and the liberties of the kingdoms : since by the holy scriptures of the old and new testament , by the law of nature and nations , by the oath of god , and by true religion , we are bound to endeavour the preservation and defence of his person and authority , though he were a persecutor of the true religion , and an abridger of our liberties , such as were saul and nero in their times . and surely a larger declaration of our endeavours simply to defend his person , is at this time necessary , when through the divisions of the kingdom his sacred majestie is so endangered ; and that his majesty hath often complained of affronts offered to his person ; and hath complained also , that some have endeavoured to kill his person in two set battails ; and that there is nothing more frequent in the minds and mouths of some shimei's , then that the king is popishly affected . a papist in his heart ; and therefore some furious zelot may not onely upon these surmises conclude himselfe exempted ( in case ) from the duty of preservation and defence of his royall person , but also mistake it as a debt to this covenant , even to offer violence to his sacred majestie . may not therefore some such fuller declaration and explication of our duty ( when we will by oath professe it ) seem necessary to the end here proposed , that the world may bear witnesse with our consciences of our loyalty ? we shall also with all faithfulnesse endeavour the discovery of all such as have been , or shall be incendiaries , malignants , or evill instruments , by hindring the reformation of religion , dividing the king from his people , or one of the kingdoms from another , or making any faction or parties amongst the people , contrary to this league and covenant , that they may be brought to publike triall , and receive condign punishment , as the degree of their offences shall require or deserve , or the supream indicatories of both kingdoms respectively , or others having power from them for that effect , shall judge convenient . whether are not all those to be accounted to us as malignants , &c. by hindring reformation of religion ( and consequently to be discovered that they may receive condign punishment ) whom we know to endeavour in their places and callings , the continuation of church-government by bishops , and the preservation of the whole frame of government ( as it now stands by the known laws of this kingdom established ) administred according to the right intent of those laws against all alteration , till it be by act of parliament ( enacted by his majesties personall consent , and both houses ) altered and changed ? secondly , we demand how far forth we are here to be sworn to endeavour the discovery of all that have been or shall be malignants &c. is the son hereby ingaged to betray his father , the wife her husband , the servant his master ? and to accuse them as malignants and evill instruments by hindring the reformation ? if so ; hath the law of god , of nature , or of the land ever commanded it ; except in the case of high treason ? where god enjoyned to the jews the discovery of those who should entice them to serve other gods ( a sin surely as detestable and hainous , as to be such as here are to be accounted malignants &c. by hindring the reformation of religion ) thus we read , deut. . . if thy brother the son of thy mother , or thy son , or thy daughter , or the wife of thy bosom , or thy friend which is as thine own soul , entice thee , &c. thou shalt not conceal him , but thy hand shall be first upon him to put him to death : where it may be observed , that all the persons there by god so particularly recounted in the text , not to be concealed , they are onely such as are in a collaterall equall degree , as the brother not to conceal his brother , the friend his friend ; or of some inferiority , as the husband his wife , the father his son : but there is expressed no such injunction , that the son was to reveal his father , or the wife her husband : so tender was the god of nature of the respects due to those by whom he hath bestowed upon us our being , life , and livelihood , or whom he hath made a head to others ; that he did not command inferiours should give in an accusation against such their superiours , even in crimes which the law judged should be punished with death . thirdly , whereas we have in the late protestation vowed to maintain the liberty of the subject , and also are required to bind our selves in this covenant to preserve the same ( if the liberties of the kingdoms include the liberty of the subject . ) yet contrary hereunto ( as we conceive ) we should bind our selves to endeavour that our fellow-subjects may be brought to punishment , either such as their offence shall deserve , or such as not onely the supream indicatories of both kingdoms , but any other also having power from them for that effect , shall judge convenient ; by which we should endeavour to put power ( arbitrary surely , since it is not restrained according to the lawes of our land ) in some other then the supream judicatory , viz. some deputed from them , who may judge it covenient ( if what they shall judge convenient may be their rule ) as well sometimes to exceed the letter of the law , made by the supream judicatory , as otherwhile to mitigate it : yea who may proceed against such malignants where the laws are wholy silent , and neither have given name to their fault , nor prescribed any punishment ? and whereas the happinesse of a blessed peace between these kingdoms , denied in former times to our progenitors , is by the good providence of god granted unto us , and hath been lately concluded , and setled by both parliaments , we shall each one of us , according to our place and interest endeavour that they may remain conjoyned in a firm peace and union to all posterity ; and that justice may be done upon the wilfull opposers thereof , in manner expressed in the precedent articles . concerning the happy peace between these kingdoms lately concluded , we earnestly prayed and desired that it might have been continued , and pray that it may be renewed ; and are sorry heartily , that contrary to the pacification made by his majesty and both parliaments , and contrary to the solemn faith given , there is at this time a miserable war begun again between an army of that kingdom entring ours , ( without and against his majesties consent and declaration ) and the forces raised by his majesty , who ( we have heard ) hath much deprecated their entring in , alledging vehemently that their late solemn faith and pacification : so that shall it not be in us also protestatis contraria facto , to bind our selves in this article ( as willingly we would ) to endeavour the continuance of a firm peace and union , and in the next to assist and defend those who declare , that in pursuit of this covenant they now enter into this kingdom with an army ? which if we look to the late act of pacification , and may for our selves judge and discern what it is , since we are required to swear thereto , appears in its self an action as contrary thereto as war to peace . so that this covenant would bindus to endeavour that which it makes us to abjure . we shall also according to our places and callings in this common cause of religion , liberty , and peace of the kingdoms , assist and defend all those that enter into this league and covenant , in the maintaining and pursuing thereof , and shall not suffer our selves directly or indirectly by whatsoever combination , perswasion , or terrour to be divided and withdrawn from this blessed union and conjunction , whether to make defection to the contrary part , or to give our selves to a detestable indifferency or neutrality in this cause , which so much concerneth the glory of god , the good of the kingdoms , and the honour of the king ; but shall all the daies of our lives zealously and constantly continue therein , against all opposition , and promote the same according to our power , against all lets and impediments whatsoever ; and what we are not able our selves to suppresse or overcome , we shall reveal and make known , that it may be timely prevented or removed ; all which we shall do as in the sight of god . whereas we are in the sixt article required to covenant in this common cause of religion ( which is described in the first article , a reformation of religion in england and ireland ) that we wil assist and defend all those that enter into this league and covenant against all opposition , and that in the close it is implied , that we should endeavour to do what we are able to suppresse and overcome whatsoever opposition ; we conceive it to be against the whole current of the gospell of christ , the practise and doctrine of all primitive christians , whom the world hath ever esteemed for blessed saints and martyrs , and lastly repugnant to the doctrine of the best reformed churches , ( to which we here should swear to conform our selves ) to endeavour a reformation of religion by force of arms against the supream magistrat's consent . secondly , may we swear never to suffer our selves to be withdrawn by whatsoever perswasion from this league and covenant , since the reasons perswading us to it are in no wise demonstrative ? what if hereafter we shall see better reasons , and stronger motives to forsake it , then we have now to take it , or shall have then to keep it ? will not then our consciences better informed force us to break our oath ( an argument that we sinn'd in taking it ) or our oath bind us contrary to our consciences so informed , ( which is impossible ? ) what if ( as now the king , so ) future parliaments disallow this covenant , and oppose it , shall we then be obliged to continue therein , and to assist and defend all those that so continue against all opposition , though it shall be contradicted by the same authority by which it is now imposed upon us ? thirdly , where we are required to bind our selves never to make defection to the contrary part ; whether by the contrary part is not to be understood all that are against this covenant ? if so , will not these words following , [ against all opposition , against all lets and impediments whatsoever ] include his majesties opposition ? and then , as we have said , we are in the close impliedly supposed , that we will endeavour to do what we are able to suppresse and overcome any part whatsoever of the contrary part opposing it self ; which since it seems not to except his sacred majesty , how will this be consistent with the oaths of allegiance and supremacy , and the laws of the land , h. . edw. ? secondly , how with the word of god , when we are taught by st. paul , rom. . that whosoever shall resist the higher powers , shall receive to himself damnation ? and in case of contrary conflicts of these higher powers among themselves , from the reason included in the object , the damnation will be ( without repentance ) to those that resist the highest : and among the higher powers , ( if st. peter may interpret st. paul ) the king is supream , and all other governours are sent by him , pet. . . a for our selves therefore , if his majesty should use the sword committed to him unjustly , we must take up st. ambrose's words , conc. . contra auxentium , dolere potero , flere potero , potero gemere , adversus arma , milites , gothos quoque lachrymae miae arma sunt , talia sunt munimenta sacerdotis , aliter nec deb●o , nec possumresistere . fourthly , were there nothing in the law of god , or of this land forbidding us of the kingdom of england to enter a covenant of mutuall assistance and defence , without and against the allowance of the king , yet it would be unlawfull for us to joyn in this covenant , since we are required here not onely to joyn with one another , but with the scots also in a covenant of mutuall assistance and defence ; to whom , if by a law of their land all such covenants and leagues be forbidden as seditious , we , if we knowingly covenant to assist and defend them in such a league , contract to our selves the guilt of sedition . now to the scots ( in the second part of that act of parliament holden at linlithgow anno . ) are forbidden all leagues or bonds of mutuall defence which are made without the privity and consent of the king , under the pain to be holden and execute as movers of sedition and unquietnesse . this we read objected by the divines of aberdeen , but could never yet see any satisfying answer made thereunto . fiftly , whether will not men think themselves bound by this part of the covenant , all the daies of their lives to continue so farre zealously united against the contrary part , as to reject all overtures of accomodation , and reconciliation ; till they be suppressed or overcome , and so our wounds become incurcable ? sixtly , this covenant ( as we conceive , under correction ) cannot be wisely taken by any man affected to this cause ; for should they not here swear never to yeeld themselves , though debelled , and unable to withstand the common enemy , viz. the forces raised by the king ? nor ever to lay down arms , or cease active resistance ? but if it should please god to give the foresaid contrary part power of conquest , and consequently ius victorie , should they not bind themselves by this covenant never to submit themselves to gods will and judgement against them ? and so exclude all christian patience and suffering in afflictions , and tie themselves ( though unable ) actively to resist , plot , disturb and overthrow all such who shall so have power over them hereafter , all such governours and governments , which it may please god ( as they must confesse for a punishment of their sins at least ) to place over them , which thing we conceive to be against the law of god , reason and nations . and because these kingdoms are guilty of many sins , &c. ] what the conclusion suggests we have also considered , and professe our selves ready to joyn with our brethren in the necessary humbling of our selves under the mighty hand of god , and in the confession of our sins , ( though in a publique set form & prescribed , such as we conceive this former part of the conclusion to be ) our purpose also , desire & endeavour , through the grace of god , to amend our lives ; and touching those words here mentioned [ in all duties we owe to god and man ] we professe and declare , that did we believe in our consciences , the above-written articles of the covenant not to be repugnant to our duties which we owe to god and man , ( in the particulars specified relating to his majesty and to the bishops of our churches , by god set over us , and otherwise ) we should gladly have gone along with our brethren therein . secondly , since this oath expresly professeth , what also all lawfull promisory oaths must include , that it is to be made in the presence of almighty god , the searcher of all hearts , with a true intention to perform the same , as we shall answer at the great day ; we trust our just refusall will , or ought to be better interpreted , even by the imposers themselves , then those mens detestable hypocrisie , who enter this league , and make this oath , with mentall reservation ; others as far as lawfully they may , and saving all former oaths ; yet others , as far as it is agreeable to gods word , or in their own sense , or according to the sense of the preacher , scandalizing thus our christian and reformed religion , with jesuiticall mentall reservations , reserving in their minds a sense contrary to their words ( which are instituted to signifie our minds ) and contrary to the mind of the imposers , ( even in the judgement of their own minds ) sufficiently signified in the words of the covenant : and indeed , mentem injuratam gerunt ; reserving this popery in thus swearing , while they swear to extirpate popery . we professe to know no other legitimate sensing of our oaths , but mens deferentis , a ( and that declared before the taking of the oath , not in a post-declaration ) and the grammaticall common sense of the words without limitation other then what is expressed ; according to the rule of st. augustin . juramentum debet esse pressum , & expressum : by thy words thou shalt be justified , and by thy words thou shalt be condemned . how also can any lawfully take an oath , the matter whereof he judgeth to be unlawfull , so far as lawfally he may ? be we not deceived , god is not mocked ; may we swear to lie , steal , or commit adultery so far as lawfully we may ? is it more sinfull to go about to do it , so far as lawfully we may , then so to swear it ? he that so swears , swears with judgement against his judgement , and to unrighteousnesse without truth , and condemneth himself in that which he alloweth . thirdly , to swear , saving all former oaths , to what we judge to be opposite to our former lawfull oaths , is to delude both our former and present oath ; to warrant , that we may without scandall abjure ( in words , not in heart ) what we have sworn before to keep , because we have sworn before to keep and never to abjure it ; to make vain ( as far as in us lies ) the great and dreadfull name of god , the wholsome end and use of oaths , and particularly to destroy the end of this present covenant , if the takers intend not what the oath intend● ; and may also hereafter ( saving this present oath ) swear to the contrary . for the present be it considered , that whereas this oath is a league for unity ; if each may take it in their own sense , its end will be none ; and we as far from joynt union of assistance as before . for , swearing to assist all who enter into this league , if we think our selves bound to assist o●ely the takers in our own sense , then we may happily be tied to assist none hereby , for perhaps our own sense is peculiar and different from all others , and probably from most , for most take it in the common sense of the words . lastly , if one end of this covenant be , that ( if it succeed ) it may be encouragement to other christian churches ( in like case ) to joyn in the same or like association and covenant ; we judge it necessary to admonish our selves and others , that if in this we offend , we also lay a stumbling-block of offence before the faces of so many christian churches now and hereafter , who are here invited to follow our example . should we not therefore sadly consider , whose example in this action we follow , before we give and invite others to follow our example ? ought we not wisely to fear , lest by this we expose our brethren of the reformed churches beyond the seas , to the jealousie of their severall princes under whom they live , and become guilty of the provocation of all those evils , wherewith princes in prevention of what is here suggested to their subjects ( if not declared against by them ) may aggrieve our brethren of the reformed religion ? and also , have we not cause to question with our selves , how the example of entring a covenant mutually to assist and defend one another , when there is declared a joyning in armes , without and against the consent of the supream magistrate , how this example ( we say ) will make , as is here said , to the peace and tranquillity of christian kingdoms and common-wealths ? now the lord of peace himself give unto us , and to all the churches of god , peace alwaies , by all means . amen . an exhortation to the taking of the solemn league and covenant , &c. if the power of religion , or solid reason , if loyalty to the king , &c. if it had not been intimated that the authors of this exhortation were the assembly of divines , ( as they are stiled in the article of the instructions ) and expressed , that the end of it was the satisfying of such scruples as may arise ( and that by the same authority by which the covenant it selfe is to be imposed ) it could not have given the conscience of any man either so much licence to examine the discourse with strictnesse and severity , or so much satisfaction ( one way or other ) in the examination ; seeing there is scarce any other end of writing which necessarily obliges to a discovery of all the consequences and the principles of a discourse , and there is no such outward encouragement to the conscience towards satisfaction , as when it shall consider that it is examining an exhortation and a defence , the authors of which have been chosen , the worke appointed , and after the performance twice publiquely read , and considered , and lastly ordered to be published by them who are the managers of the cause for which this exhortation and defence is made . but this being the declared end , and those the authors , it will not stand with the opinion of the faithfulnesse of those men towards the cause it self , to imagine that they reserve to themselves clearer and firmer principles , upon which they are able to enforce the taking of the covenant , then those they have here expressed : and consequently , if upon just examination it shall appear , that all the truth that is by them laid down is not sufficient to infer their conclusion , they may be more tender of those who are of different perswasion from themselves , though they shall ( notwithstanding their endeavours ) persist in their opinion , nay though they should hereby gain a degree of adhesion to it . the conclusion which they would infer is the taking of the covenant , and the generall end of that , as expressed in the covenant it selfe and in all the declarations which concern the same , is ( in our calling ) the assistance of those of the kingdoms of england and scotland joyned in arms , &c. against the popish , prelaticall , and malignant party : in a word , to assist , or comply with those english and scottish forces , against the forces raised by the kings personall command . this being the case wherein the scruples ( by them spoken of ) are supposed to be removed , that their arguments to that end might be effectuall , it was necessary to their end , that the present case should have been clearly and particularly laid down , considering that the discovery of strong and not doubting presumption and supposall of that part which is defended , though it might produce a degree of confirmation in those who are ( though not so strongly ) of the same opinion , yet can it not in reason be reputed a means to take off scruple from a rationall adversary . this being necessary in it self for a true and thorough resolution of conscience in the case , it cannot be denied but their discourse is imperfect in it selfe , and consequently they may as well have erred in assuming to themselves all that is holy and perfect , and esteeming of the adverse party as of people bewitched and besotted , hoodwink't and blinded , &c. nay , as the dregs and scum of the people , and in affirming the name and countenance of his sacred majesty to be captivated , and prostituted to serve all the lusts of such men ; and in setting in opposition the king and those that be faithfull in the land . but seeing that it is possible that a case may be so clear and plain to all men , that it may without any great damage be omitted in a discourse made for the resolution of the conscience ; it will concern the conscience however impartially to set before its eyes the present question , and then to examine the discourse of this exhortation , upon which the determination of conscience will naturally follow . to propound the state of the question impartially ( though not according to the utmost truth of the case ) it will be enough , if it be made up of truths confessed and undeniable . . scots and english are subjects to the king . . of the same protestant religion , the professors whereof do not differ in fundamentals . . their joyning in arms , ( as is alledged ) is for the vindication and defence of their religi●n , liberties , and laws . . against the popish prelaticall , and malignant party . . by these are meant the souldiers raised by the king . on the other side : . the king is our lawfull soveraign , . of the same protestant religion . . he hath protested and engaged himself with all solemnity ( as at the receiving of the holy eucharist , &c. ) to preserve and maintain the protestant religion , the laws and liberties of the kingdoms and parliaments . . that he hath sent many messages for treaties toward peace , both before and during the time of these wars , and expressed a desire of making the people witnesses of the equity of his proceedings . . he hath declared his will against both the scots and english , who take up arms in this cause . out of these principles ( whereas many more might be added in behalf of his majestie ) let the question be , whether it may be lawfull and necessary for subjects to covenant together , without and against the expresse will of their lawfull soveraign , to joyn in arms against the forces raised by his command , and that for the vindication and defence of that which he hath by all possible obligations engaged himself to maintain and defend , and for security of his people hath desired that differences might be composed by treaty , and that the world might judge of his proceedings in it . if this be a true state of the question ( at least so far as is here expressed ) the next labour for our consciences will be to examine whether any argument in this exhortation ( upon supposition that they all were truths in themselves ) doe infer a lawfulnesse and necessity to covenant in our case , all things considered ; and if it be evident that they are not sufficient , it may be a motive to abate the confidence of the composers of it ( whosoever they were in particular ) and to procure an examination of their own principles and actions , wherein they may possibly see that they have not either in their own actions , or in their judgement of others , proceeded so exactly according to the law of conscience and the word of god . now , although we are confident that there is not in this exhortation any one argument which the assembly it self will undertake so to contrive , as that it shall conclude for a necessity or a lawfulnesse of taking such a covenant in such a case ( all things considered ) and consequently the whole businesse , which was of necessity for vindication of our selves from sottishnesse &c. is already done ; yet that it may without any danger of prejudice or errour appear , that we are not guilty of such a presumption as we have excepted against in them , we will , as briefly as may be , examine their whole discourse , and evidently ( unlesse indeed we be bewitched to think so ) discover what is untrue or uncertain ( if any thing of those kinds shall occur ) and what is insufficient in their exhortation , after we have by way of apology premised , that we will not all answer them in the manner of the delivery of the reasons . we have ( as we hope ) prevailed against those affections which might have arisen upon those expressions which concern our selves , and ( though with far greater difficulty ) against that indignation which followed upon the apprehension of those ( not so very reverent ) expressions and reflections upon his sacred majestie , so far as not to suffer our judgements or consciences to be withdrawn from a just and meer examination of the truth : having seen in them , that zeal and confidence ( however they are excellent affections in those who are sufficiently grounded in an unfallible truth , yet they ) do in no measure help toward a discovery of truth or a removall of scruples in a case of conscience . the whole discourse was intended by the authors of it , to consist of perswasions , and resolutions of scruples , and is immediately resolved into an introduction and the body of the discourse . as for the introduction , it contains a collection of many places , from whence the composers thereof presume that the necessity of taking this league might be enforced . but seeing it carries not clearly in it self any discovery of the consequences , it could not in reason be premised to any other discourse , then such as in the processe should clear that which was there presumed ; and seeing the following discourse is no way ordered to a clearing of those inferences , so that the design of him who made the introduction is no further prosecuted , we may here indeed observe an instance of the variance which is said to be in the assembly , but are no wayes helped in that which was the fundamentall intention of the whole ( the resolution of our scruples ) which by the serious consideration of those things here reckoned up , we professe to have been exceedingly strengthened upon us ; and that by such inference as may be gathered , if not cleerly seen , by this ensuing parallel . if the power of religion , described and practised by our saviour christ and his apostles , and expressed in the most heroicall actions of the primitive christians ; or if solid reason informed by the doctrine of the church of england , and assisted by the light of the examples of holy saints and martyrs , and by a perfect information of the beginnings and proceedings of our present miseries , and of the standing known laws of the land ; if loyalty to the king , and piety to their native couatry , or love to themselves , and naturall affection to their posterity ; if the example of men touched with a deep sense of all these , such as have been the most eminent among the clergy for piety and learning , the instruments ( as it is confessed ) used by almighty god for the preservation of our religion against all its enemies , who , with many others , the most worthy of the laity , have cheerfully and constantly been spoiled of their goods , and suffered a long and tedious imprisonment , and are and have been ready to suffer death it selfe in the present cause of his sacred majestie ; or if extraordinary successe from god thereupon , such as was necessary to raise his majesty from a state of despised weaknesse to a power able to resist , and probably able to debell all the forces which his enemies of three kingdoms can procure . if any or all of these can awaken a nation hitherto stupified and blinded , and thereupon imbroiled in the miseries which have attended upon this war , to see and imbrace the soveraign and onely means of their recovery ; there can be no doubt or fear , that they will enter into a league with those who have lifted up ( under what pretence soever ) their hands against his sacred majestie , but they will rather repent them of their former disobedience , endeavouring to reduce their brethren to a labour for reconciliation and pardon from his majestie , at least to an acceptation of those proffers for treaty towards accommodation , which he so often makes ; and in case they shall be by any pertinaciously refused , joyn themselves with his sacred majesty in his just defence . having thus done with the introduction , it follows that we examine the discourse it self , which proceeds in this method : first , to propound the motives to perswade men to take the covenant . secondly , to answer the objections or scruples which might hinder , &c. here , before we begin to examine the strength of the motives themselves , we observe the different apprehensions of the framers of it ; for , whereas he who framed the introduction did , it seems , imagine that the taking of the covenant might be enforced from the positive law of god , and the law of nature ; the other , who was to lay down the motives , was so farre from that , as to esteem it necessary towards the same end , in the first place to insinuate the example of themselves of the assembly , and others who had already taken it . the strength of their perswasive arguments is this : first , this covenant is already taken by the two houses of parliament , by the assembly of divines , the city of london , and the kingdom of scotland . secondly , it hath been already seconded from heaven by blasting the counsels , &c. thirdly , it carries in it self such a convincing evidence of equity , truth , and righteousnesse , as may raise in all enflamed affections to take it ; which is proved , because there is [ almost ] nothing in this covenant which was not for substance either expressed , or manifestly included in the protestation of may . . ergo , whosoever are not wilfully ignorant , or miserably seduced , must infallibly take this covenant . for the first of these arguments : first , in generall , we do not see how the example of either party can reasonably be alledged to direct the conscience in any controversie . secondly , we have reason to believe that farre the greater number , both in the city of london , and the kingdom of scotland , could not take this oath in judgement , as being not able to discern of the righteousnesse or iniquity of some of the articles , especially that which concerns episcopacy , so that a chief strength of this argument from example , consists in the example of themselves who are of the assembly , and made this exhortation . and then we conceive , they cannot justly accuse us either of immodesty or presumption , if we shall openly professe that they have not in this first essay of theirs ( at least which we know to have been published ) given evidences of so great judgement , learning , or integrity , as may warrant or encourage us in matters of religion and cases of conscience , to subscribe to the authority of their example . to the second argument , which is , that it hath been seconded from heaven , &c. it cannot conclude to the conscience , till it be sufficiently proved ; neither can that be without a revelation of the counsels of god , which if the composer of this part hath obtained , it was requisite to the end propounded that he should have made it appear ; till when it may be beleeved , that those instances where the signature of gods judgements may the most plainly have been discovered , have fallen upon those who have had the greatest share in the raising and managing of those arms , for the maintaining of which this covenant is ordained . so then the whole force of their perswasion will depend upon the third argument , and the proof of it , which ( to avoid any errour in examining ) shall be again propounded : there is ( almost ) nothing in this covenant , which was not for substance either expressed , or manifestly included in the protestation , may . . therefore this covenant goeth forth in its own strength , with such convincing evidence of equity , truth , and righteousnesse , as may raise in all not wilfully ignorant or miserably seduced , inflamed affections to joyn in the covenant . resp. . we are not able by all those wayes of reasoning , to which we have hitherto been used , to discover the inference which is here made . if by the strength of their solid reason it may possibly be made to appear , yet we are confident the dependence is so deep and secret , that it ought not ( to the end for which this discourse is declared to be intended ) have been left unrevealed . . whereas the argument of the evident equity , truth and righteousnesse of this is taken from the agreement of it with that protestation , we will assume the matter of that protestation to have been ( in the judgement of this assembly ) equall , true , and righteous ; from whence it will follow , that if this should , according to their principles , either immediately or by necessary consequence contradict that protestation , therein they must confesse it to be unequall , false , or unrighteous ; and wherein soever it doth positively dissent from it , there the truth , equity , and righteousnesse of it must be confessed to be here no way proved ; this being premised , let us compare together this covenant and that protestation . there we protested that we would with our lives , &c. defend the doctrine of the church of england [ indefinitely ] which is undoubtedly contained in the . articles , which ( in the further articles of impeachment , jan. . . by the commons assembled in parliament against the archbishop of canterbury ) are stiled , the . articles of the church england established by act of parliament ; and in the six and thirtieth of those articles it is avouched that the book of consecration of archbishops and bishops , and ordering of priests and deacons , confirmed by authority of parliament , doth contain all things necessary to such consecration and ordering , and hath nothing in it ungodly . this book asserteth , that it is evident to all men , diligently reading holy scripture and ancient authors , that from the apostles times there have been these orders of ministers in the church , bishops , priests , and ` deacons , which officers were evermore bad in reverent estimation . wherefore we there protested with our lives , &c. to defend that it is not ungodly ( therefore not false doctrine ) to say , that diligent reading of the holy scriptures will help to make it evident , that from the apostles times there have been bishops , which could not be , unlesse the scriptures did testifie , that in the apostles times they were . one of the prayers also ( & lex orandi lex docendi ) thus begins ; almighty god , giver of all good things , which by thy holy spirit hast appointed divers orders of ministers in thy church , mercifully behold this thy servant now called to the work and ministery of a bishop ; and the elected bishop is afterward required to professe , that he is perswaded that he is truly called to this ministration according to the will of our lord iesus christ . and by consequence we there did protest to defend that also ; and consequently ( upon their own principles ) it is unequall and unrighteous to swear to the extirpation of them . again , in that protestation there was nothing concerning the endeavouring the preservation of the doctrine , discipline , and worship of the church of scotland , the reformation of the doctrine of the church of england . moreover , in that we protested absolutely the defence of the kings person , according to our allegiance , which here we do not absolutely swear to , to maintain the laws of the land , the liberty of the subject , and onely to defend one another so far as lawfully we may , which here are omitted . many other differences may be observed . if yet they shall say , that there is nothing ( almost ) in this which is not in that , or nothing of moment ( which must be the meaning , if their argument be of any force at all ) it may not be thought unreasonable , if we desire ( with leave from his majestie ) to renew that protestation , that we may be thereby excused from this league and covenant . after the proposall of their perswasive arguments , they proceed to the taking away of scruples , not all , or most of such as might arise to the contrary ( as appears by that which we have humbly represented against the covenant it self ) therefore such as they have chosen out ( probably ) because they conceived themselves best able for their answer . the scruples which they suppose , are such as concern either the king or the bishops . they begin with the extirpation of bishops , where first they design to prove , that they may , and ought to be extirpated ; and after they addresse themselves to answer one speciall objection . we will therefore in order propound and examine the weight and truth which is in their arguments . the first is but an intimation , some say this government was never formally established by the laws of this land at all . if this were true , which some say , the argument were not of so great force toward the taking away of this government , as it would be of power to confirm us in the belief we have of the venerable institution of this government , when we shall consider that our predecessors , who have been the authors of our laws , had such an esteem of the government by bishops , that they thought it altogether needlesse formally to establish it by law . now that this ( if any positive ) consideration might be a ground of that which is here intimated ( if true ) appears , in that if it were true that it were not formally established , yet is it so interwoven with many of our laws , that they and it must stand or fall together . so that here again we may desire of them to be tender of us , who have protested solemnly with our lives to defend the laws of the land . . the life and soul of it is already taken away by an act , &c. so as nothing of jurisdiction remains , but what is precarious in them , and voluntary in those who submit unto them . . we cannot acknowledge that any essentiall part of episcopacy ( such as that which is the life and soul of it must be ) is , or can be taken away from our bishops , whether it be of order or jurisdiction ; however the outward coercive power communicated to it by the secular arm , hath been in the times of the famous persecutions , and may be again divided from it . . for the act of this present parliament here mentioned , we do believe that there was more taken away in it , then was intended by the major part of both houses at the passing of it : this we gather out of those words of his majestie in his declaration , aug. . and whether that act was penned with that warinesse and animadversion , that there was not more determined by it , then the major part of both houses intended at the passing of it , let themselves judge . . however that were , we cannot conceive it reasonable , that their temporall lurisdiction should be taken away ( as was suggested ) that they might the better intend their spirituall , and then an argument made to take away the spirituall part of their government also , because the former is already parted from them . thirdly , that their whole government is ( at best ) but a humane constitution . ] if there be no fallacy in these words , it is necessary that whole be taken materially , as it includes each severall part , and not formally onely ; and then we answer , that the government so far as to the superiority of bishops above presbyters is ( at least ) of apostolicall constitution , as is proved in our reasons against the second article : and consequently ( as to that which is here spoken of ) it is not lawfull to be taken away . fourthly , it is such as is found and adjudged by both houses of parliament , not onely very prejudiciall to the civill state , but a great hindrance also to a perfect reformation ; yea , who knoweth not ? &c. we know the danger ( and if indeed we did not ) yet the honour and respect we bear to the very name of parliaments would not suffer us to question the judgement of the two houses ; onely in this case which so neerly concerns the church of god , we crave leave to represent , that we doe not apprehend how that should be in it self prejudiciall to the civill state , together with which the state both anciently and of late , we conceive , hath flourished , and enjoyed a politicall happinesse beyond most of the nations of the earth . neither how that should be opposite to a perfect reformation , which in our consciences we are perswaded ( and we think may as clearly be proved as most matters in divinity ) was instituted by the apostles and constantly obtained in the purest times of the primitive church , to which we conceive a reformation ought to be squared : and indeed the chiefest instruments and defendants of that reformation which we ( by the mercy of god ) enjoy , having been bishops , some of which were martyrs , as bishop cranmer , ridley , hooper , latimer , ferrers , jewell , bilson , &c. we cannot see to what reformation episcopacy can be a hindrance , unlesse to such a form as supposes that episcopacy must be extirpated . which moved the well-affected thorowout this kingdom , long since to petition this parliament ( as hath been desired before in the days of queen elizabeth and king james ) for a totall abolition of the same . in this which is intended for a proof the fourth argument , seeing it is presumed that those who have petitioned for the abolition of episcopacy , are and have beene well affected ; for a judgement of that we doe onely represent , that the same in the dayes of those renowned princes , by those famous parliaments held in their times were rejected as ignorant and seditious . and whereas it is said , the well affected throughout the kingdom , &c. it doth , and may appear , that since the sitting of this present parliament ( and that after discountenance given to that party ) more then four and fourty thousand men of quality have petitioned for the continuance of our present church-government : besides the city of london , the counties of dorcet , kent , surrey , westmorland , cumberland , southampton , lancaster , cornwall , oxfordshire , berkeshire , wiltshire , the six shires of north-wales , and besides the two universities : all the which have petitioned for the same . the restriction ( or what else ) is here laid down that we are not by this covenant bound to offer violence to their persons , we pray may be observed by those who have taken this covenant , or shall hereafter enter into it ; for us who are so perswaded as we have expressed , it would have been a greater satisfaction , if we should have been to swear to bring the persons of any who have offended to a just and legal triall , so that their office might have been continued , then to extirpate the office , with an intimation only that we are not necessitated to offer violence to their persons . that which follows , is to take off the onely scruple which they would suppose to remain , the oath of canonicall obedience , wherein clergy-men have sworn to obey the bishops , in licitis & honestis ; we will propound their arguments . . they which have sworn obedience to the laws of the land , may yet endeavour their abolition in a lawfull way . therefore they which have sworn to obey the bishops may endeavour the abolition of bishops . we do not see this consequence from the law to the law-giver , or the authority it self from whence the law is derived . it follows upon this hypothesis that they who have sworn to obey the injunctions of bishops , may endeavour in a lawfull way the alteration or abolition of those injunctions ; but to infer their conclusion , the hypothosis must have been , that notwithstanding our oath made to obey the laws made by the king and the two houses of parliament , we may endeavour to abolish the king and both houses of parliament . their second argument is this : . if ministers or others have entred into any oath not warranted by gods word and the laws of the land , such oaths call for repentance , not pertinacy in them . ergo , notwithstanding the oath of canoxicall obedience , ministers may endeavour the extirpation of bishops . we believe , that to have cleared this consequence , they ought to have proved that the oath of canonicall obedience is not warranted by the word of god , or the laws of the land , which seeing they have not done , the scruple , notwithstanding this argument , will still remain . having thus done with episcopacy , they proceed to such scruples of conscience as they suppose may arise from that which concerns his majesty ; and there the design is to prove , that this covenant may be taken , notwithstanding the oaths of supremacy and allegiance already taken , and notwithstanding the want of his majesties consent . . this oath binds all , and more strongly engageth them to preserve and defend the kings majesties person and authority in the preservation and defence of the true religion and liberties of the kingdoms ; therefore , it doth not crosse the oaths of supremacy and allegiance . we answer , . the oaths of supremacy and allegiance were ordained against those , who would not have denied to swear in these very words , to preserve and defend his majesties person and authority in the preservation and defence of the true religion and liberties of the kingdoms ; therefore notwithstanding this argument , this covenant may crosse the oaths of supremacy and allegiance . . that this oath may be taken without his majesties consent , they would prove by examples , either modern , or out of scripture , as . the protestation may . was taken without his majesties consent . we did not think we took it without his majesties consent , and one reason we will expresse in their words of the same paragraph , because his majesty did not except against it , or give any stop to the taking of it , albeit he was then resident in person at whitehall . . ezra and nehemiah , ezra . nehem. . neh. . being vassals , and one of them meniall servant to artaxerxes , drew all the people into a covenant , without the speciall commission of the persian monarchs . the covenant into which ezra drew the people is expressed ezra . . to have been to put away all the strange wives , and such as were born of them , according to the counsell of the lord , and of those that tremble at the commandement of god , and that according to the law . and that of nehemiah , ( nehem. . & . . ) is expressed to have been a curse and an oath to walk in gods law , which was given by moses the servant of god ; and to observe and do all the commandements of the lord , and his iudgements and his statutes . the commission of nehemiah , ( besides what is mentioned nehemiah . ) cannot be denied to be the same which ezra had obtained , which is expressed ezra the . in the of ezra , v. . we find this as a part of his commission : whosoever will not do the law of thy god , and the law of the king , let judgement be executed speedily upon him , whether it be unto death , or banishment , or to confiscation of goods , or to imprisonment . wherefore we cannot but extreamly wonder that these covenants here mentioned , should be said to have been entered into without the consent of the persian monarchs ; an assertion to us so exceedingly inconsiderate , that our apprehension of the failings in it cannot in a few words be expressed . as for that of hezekiah , which follows at some distance , we might answer , that it is not , nor can it be proved out of the scripture , that the keeping of the passover was not consented to by hoshea king of irael . however , if the revolt of the ten tribes were indeed a rebellion , as it is believed by many of the most famous divines a , then why might not hezekiah justly send proclamations to them , to joyn with him in a covenant , although the king of israel should positively have dissented ? but not to insist upon negative answers , or any thing which may be controverted , we answer : . that act of hezekiah , was a bare invitation . . that to which he invited them was not a league or covenant , but ( that which the law of god enjoyned ) the observation of the passover : which was some yeeres after the covenant mentioned . chro. . that it was at that time when israel had not the face of a kingdom , their king being in captivity under the king of assyria . which two latter answers are joyntly proved by this following discourse . the covenant was made in mo hezekiae , chron. . the passover was not celebrated till after the captivity , chron. . . there was no captivity mentioned till after this first yeer of hezekiah . therefore the covenant and passover were not kept in the same yeer ; and therefore also hoshea was in captivity , before this invitation of hezekiah . the last of the premisses ( which onely can be doubted ) is thus proved , because the first time expressed ( which we read in scripture ) of salmanasers comming up against israel is the fourth yeer of king hezekiah , king. . . it no wise followeth therefore from this act of hezekiah and the men of israel , that it is lawfull to impose , or enter a covenant , without the consent of the king . now , after these instances of scripture , they betake themselves to modern examples , from whence they would infer more then a bare lawfulnes to enter a covenant without the kings consent , viz. an allowance of subjects joyning in arms against their soveraign , which they would warrant from the actions of q elizabeth , k. james , and our gracious soveraign . here we must indeed ingenuously professe , that we have not been sufficiently exercised in passages of state , to give a full satisfaction in all these particulars ; wherefore we shall not of our selves interpose at all , onely briefly speak to their instances . . as concerning the assistance of , and the confederacy with the united provinces , we shall transcribe for satisfaction , a part of a declaration of q. elizabeth , who first entered upon their assistance ; the declaration is entituled , a declaration of the causes moving the q. of england to give ayd to the defence of the people afflicted and oppressed in the low countries . this declaration was put sorth , . and in the , & . pages it hath these words . and furthermore , as a good loving sister to him , and a naturall good neighbour to his low countries and people , we have often , and often again , most friendly warned him , that if he did not otherwise by his wisdom and princely clemency restrain the tyranny of his governours , and cruelty of his men of war , we feared that the people of his countrys should be forced for safety of their lives , and for continuance of their native countrey in their former state of their liberties , to seek the protection of some other forraign lord , or rather to yield themselves wholy to the soveraignty of some mighty prince , as by the ancient laws of their countreys ' , and by speciall priviledges granted by some of the lords and dukes of the countries to the people , they do pretend and affirm , that in cases of such generall injustice , and upon such violent breaking of their priviledges , they are free from their former homages , and at liberty to make choice of any other prince , to be their prince and head . the proof whereof by examples past is to be seen and read in the ancient histories of divers alterations of the lords and ladies of the countries of brabant , flanders , holland and zealand , and other countries to them united , by the states and people of the countries . and that by some such alterations , as the stories do testifie , the duke of burgundy came to his title , from which the king of spains interest is derived . upon these principles it it evident that then the queen and kings of england in joyning to the assistance of or confederacy with the low countries , have not joyned with subjects in arms either against or without the consent of their true undoubted monarch . . as touching the assistance of the french protestants of rochell by our gracious soveraign that now is , we shall onely reply ( not insisting upon the charter of rochell granted to them by lewis the . ) that we are fully satisfied , that no argument can be drawn from thence , except by those who would raise a dispute of his majesties title and interest in the kingdom of france . . as for the scots , we expected that all further mention of their former actions should have been prevented by the act of oblivion . yet seeing these men have undertaken to make an advantage against his sacred majesty , even out of his acts and expressions of grace and clemency : we answer , that forms of pacification and reconciliation , are not to be interpreted any further then to the reputation of the party to whom the reconciliation is made ( you have not done so , or so , i.e. you shall be to me as if you had not ) so as out of his majesties expressions in the late pacification with the scots , to conclude his approbation of the course then taken by them , or to take a warrant for their present undertaking , seems to be alike , as if they should conclude that it was lawfull for other churches to use st. paul as the galathians had done , by accounting him their enemy , because ( by his own confession ) they had done him no injury , and should gather that out of his act of pacification with them , gal. . . brethren , i beseech you be as i am , i am as ye are , ye have not injured me at all . the sum of all is this : the assembly of divines in their exhortation , have neither concluded any thing positive for a lawfulnesse , or necessity of taking this covenant , nor taken away any of those scruples which they propounded to themselves ; they have neither proved that bishops must or may be extirpated , nor taken off the scruple from the oath of canonicall obedience : they have neither cleared the objection from the oaths of allegiance and supremacy , nor proved by any example recorded in scripture , or by any undoubted warrantable practise , that it is lawfull in any case whatsoever , without the kings consent , to enter into any whatsoever league and covenant : so far have they been from proving that it is necessary or lawfull to enter into this league , the state of the question being such , as we in the beginning have evinced it to be . so that should we enter into this covenant , it would be impossible to conclude our innocency therein from the innocency of mordecai and the lewes here mentioned out of esther . their innocency was clear indeed , ( but how would ours be so ? ) in that they resisted not the higher power , or the arms commanded by him otherwise then by fasting and prayer , untill the king granted them leave to gather themselves together , and to stand for their lives , which before they did not assume , for no want of sufficient strength to have defended themselves , ( as is usually in the like cases objected ) which is evident from their after sufficient strength by themselves to defend themselves , cap. . thus having examined the strength of their reasons and allegations , we think it still true ( not onely pretended , as the exhortation hath it ) that clergy men ( above all others ) may not covenant to extirpate church government by bishops , both because of their oath ( as hath been proved ) and simply considering the nature of the thing , in respect of the reasons already by us alledged ; and because presbyters , if here they erre , they erre most dangerously and arrogantly , swearing ( in effect ) to endeavour to extirpate all order of spirituall church governours above themselves , to endure none such ( if they can help it ) superiour to themselves . the danger we had rather such should hear from st. cyprian , epist. . quod enim non periculum metuere debemus , de offensa domini , quando aliqui de presbyteris , nec evangelii , nec loci sui memores , sed neque futurum domini iudicium , neque nunc sibi praepositum episcopum cogitantes , quod nunquam omnino sub antecessoribus factum est , cum contumelia & contemptu praepositi totum sibi vendicent ? what also will they think of that ancient and reverend canon ( the . among those . commonly called the canons of the apostles ) {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} if any one ordained bishop be not received , not through his own will , but through the wickednesse of the people , let him remain a bishop , but let the clergy of that city be bar'd communion , because they have not been better instructors of so inobedient a people . by which also it appeareth , that those lay men deceive themselves , who think that the clergy onely need scruple at this oath , at least in the second article thereof ; we must tell them of ignatius his rule , epist ad magnes . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} nothing ought to be done without the bishop , by presbyter , deacon , or lay-man . if therefore ( according to the preface of this covenant ) we set the glory of god before our eyes , the same ignatius gives us this other excellent monition , epist. ad trallian . a it becommeth each of you , and especially the presbyters , to cherish the bishop , to the honour of god the father , and our lord iesus christ . the printers postscript to the reader . gentle reader , a copy of the foregoing disquisitions accidentally comming to the hands of some , at whose command i am , was thought fit to be published , though without the knowledge and approbation of the authors . the fitnesse of the subject , the worth of the work , and a peculiar relation to the authors ( if i mistake them not ) may be a sufficient motive both for their command and my undertaking . consider it seriously , and if thou art not yet ingaged in the covenant , this will confirm thee in thy resolution against it ; if thou art , this by the assistance of gods grace may bring thee to a timely repentance . i cannot but admonish thee this one thing , viz. that i have gone exactly according to the copy , even in those phrases which resemble the genius of the place where it was composed , more then where it is published ; onely the faults which have escaped , i desire may be imputed to me and those many transcribers , through whose hands it passed before it could come to mine . finis . notes, typically marginal, from the original text notes for div a e- article . article . a intelligentia verborum ex causis est assumenda dicendi , h●●ar . l. . de tr●● . a eandem illis imponit personam , ac idem juris assignat . calvinus in locum . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} chrysostomus in locum . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ammonius in locum . a theodoret. in luc. . b viz. irenaeus ib. . c. tertul. de praescrip. . c cyprian ●p , & , & concil. carthag anno sub cypriano . theodoret . l. . c. . ambros. de dignsacer . c. . augustin . in ps. . & epist. . & de verbis domini serm. . hieron. ep. ad marcel . advers. montanum , & epist. ad evagr. greg. mag. hom. . in evang. theophylactus in matth. . pacianus ep. . ad sympro●ian . and all those which aver the apostles to have been bishops , ( though more also ) vid. cyprian . ep , & ep . epipha . contra haeres . l. haeres . . ambros. in ephes. . & serm. . the supposed ambrose in cor. , . and so much some of them thought proved from acts . . c viz. iren. l. . c. . & l. . . & l. . c. . ignat. ep. ad antioch . tertul. adversus marcion . l. . c. . & de praescr . c. , & . clemens alexan. l. de divit . salvand . apud euseb. l. . c. . euseb. lib. eccl. hist. . c. . & l. . c. , &c. . irenaeus apud euseb. l. . c. . s. hieron. de script . eccl. chrysost. hom. de ignat. tom . . concil. constant. . act . . d tim. . . theophyl. & oecumen. in locum , tim. . . epiphanius haeres . . n. , & theop. in locum , v. , . idem in locum , & hemmin . in locum , v. . the supposed ambrose in locum , a tim. . . hieron. oecumen. bucer . in locum tit. . . oecumen. in locum , v. . chrysostomus in tit. . hieronimus in tit. . . . ambros. lib. . de fid. s. trinit. bucer . calvin . in locum . b for timithy epib . haeres . . eusebius lib. ● . c. . hieronimus de script . eccl. chrysost. hom. ad epist. pilip . & in praefat. in tim. the supposed ambrose in praefat. in tim. polycrates apud phot. biblioth. leont in concil. calce. . prim. in praefat. in tim. & in tim. c. . adde sedul . in tim. . . for titus , see euseb. l. . c. . hieronimus de script . eccl. dictus ambr. in praefat. ad ep : tit. theodoret apud oecumen. in praefat. ad ep. tit. theodoret apud oecumen. in praefat. ad tit. theophyl. in praefat. ad tit. oecumen. in tit. . adde sedul , prolog. in epist. ad tit. c vid. theodor . in tim. . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} nempe ea quae scribo . d {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} oecumen. in tim. c. . see also ambrose in tim. . e saint augustine ep. . and in the comment on the revelations under his name , hom. . the supposed ambrose in cor. . . & in apoc. oecum : in apoc : . arethas in apoc. . and among the moderns , marlorat in apoc. . . bullinger concil. . in apoc. paraeus in apoc. . . dr reynolds conference with hart. c. . divis . . pet. molinaeus in his marginall notes . f theodoret in tim. , . pacianus epist. : ad sympronian : b {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} b : v : : c iob . . & malach. . . a james bishop of jerusalem ● , concil. gen. constantinop . can. . clemens apud euseb. l. . c. . euseb. l. . c. . & l. . c. . & l. . c. , , . aug. l. . contra lit. petil. c. . contra crescon. l. . c. . epiphanius contra ma●ich , sect. . & haeres . . chrysost. in cor. cap. . hom. . & hom. . in act. . . & hom. . in act. hieron. in gal. . & epist. ad evagr. & de script . eccles. theophylact. & oecum . in gal. . b origen . hom. . in luc. euseb. l. . c. , , . & in chronico . in a. d. . s. hieron. in gal. . & l. de eccles. script . chrysost. hom. de trans . ignat. theodor . dialog . . greg. l. . ep. . c euseb. l. . . . hier. prooem in mat. & de scr . eccles. & ep. ad evag. greg. l. . ep , d irenaeus l. . c. . optat l. . cont. parmen. tertul. de praesadversus haeret , s. aug. ep. . e irenaeus l. . c. . optat. l. . cont. parmen. aug. ep. . f euseb. l. . c. . and the author of the epist. ad antioch . under ignatius his name . g euseb. l. . c. . & l. . c. . h amb in col. . calvin instit. l. . c. . sect. . i theod. in tim. . & in phil. . primasius in phil. . pacianus ep. . ad sympronian . k ambros. col. . l origen l. . in ep. ad rom. c. . m epist. comprovin . ad leon . n ignat. ep. ad ephes. euseb. lib. . c. . o eus. l. . . s. hieron. de . script . eccles. theod. dial . . felix . epist. ad zenonem . p hieron , de script . eccles. & euseb. l. . cap. . . q hieron. ibid. euseb. l. . c. . r hegesippus apud euseb. l. . c. . & euseb. l. . c. . a et infra {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} b {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} article . article . article . article . a vid. angl. confes. art . : & scotican . confess art . . ideo confitemur & profitemur , quod qui supremae autoritati resistunt , usurpantes quod ad illius munus pertinet , illi dei ordinationi resistunt , ideoque coram illo innocentes esse non possunt . concl. a quâcunque arte verborum quis juret , deus tamen qui conscientiae testis est , ita hoc accipit , sicut ille cui juratur intelligit ●sidorus . perjuri sunt , qui servatis verbis expectationem eorum quibus juratum●● , ●ecepe●u●●t , augustin . ep. ad alipium . notes for div a e- a cyril . alexand calvin . in hosea . . vide also the fuller answer to dr. ferne . a {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} &c. a proclamation against field conventicles, and offering a reward for apprehending iames renwick, alexander shiels, and houstoun, seditious field preachers. scotland. privy council. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a proclamation against field conventicles, and offering a reward for apprehending iames renwick, alexander shiels, and houstoun, seditious field preachers. scotland. privy council. scotland. sovereign ( - : james vii) sheet ([ ] p.) printed by the heir of andrew anderson, printer to his most sacred majesty, edinburgh : anno dom. . caption title. royal arms at head of text; initial letter. intentional blank spaces in text. dated at end: given under our signet at edinburgh, the eighteenth day of october, one thousand six hundred eighty seven. and of our reign the third year. signed: will. paterson, cls. sti. concilii. reproduction of the original in the national library of scotland. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng renwick, james, - . shields, alexander, ?- . houston, david, -- covenanter minister. covenanters -- legal status, laws, etc. -- scotland -- early works to . scotland -- politics and government -- - -- sources. broadsides -- scotland -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - scott lepisto sampled and proofread - scott lepisto text and markup reviewed and edited - pfs batch review (qc) and xml conversion royal blazon or coat of arms i r 〈…〉 a proclamation , against field conventicles , and offering a revvard for apprehending iames renvvick , alexander shiels , and houstoun , seditious field preachers . james by the grace of god , king of great britain , france and ireland , defender of the faith to our lovits _____ macers of our privy council , or messengers at arms , our sheriffs in that part , conjunctly and severaly , specially constitute , greeting : forasmuch as we having by our gracious proclamation of the twentieth eight of june last , given so full and comprehensive a tolleration and indulgence to tender consciences , that there can be no pretence left for field conventicles , these readezvouzes of rebellion , against which , by the foresaid proclamation , we have left all our laws and proclamations of council in full force and vigour , and have thereby of new again , strictly required and commanded all our judges and officers , civil , criminal and military , to surpross the saids field conventicles or seditious assemblies in the fields , and to punish all persons preachers or hearers thereat , conform to the outmost rigour of our laws ; yet nevertheless , one james renwick , a flagitious and scandalous person , ( whom we by our royal proclamation of the ninth day of december last by-past , have declared an open , notorious and avowed traitor , and discharged all our leidges , all manner of intercommuning with him ) having with alexander sheils , and _____ houstoun , and some others their associats , shaken off all fear of god , as well as alledgiance to us his vice-gerent , do presume to keep numerous conventicles in the fields , and in their preachings disown us and our authority , endeavouring to seduce some of our unwarry commons , from their duty and allegiance to us their native monarch , and expresly teaching the doctrine of rebellion and resistance ; we therefore , with advice of our privy council , do hereby prohibit and discharge all such rebellious assemblies in the fields , and strictly require and command all our judges , and all in authority under us , particularly the officers and souldiers of our standing forces , to surpress the saids rebellious field conventicles with all rigour , and all our judges and others concerned , to punish all persons present thereat , conform to the prescript of our laws ; requiring hereby , and authorizing all our officers , civil or military , and all our other good subjects , to apprehend and secure in firmance the persons of the said james renwick , alexander sheils , and _____ houstoun , wherever they can be found ; for whose incouragement in this our service , we with advice foresaid , do hereby promise and ensure to them , the sum of one hundred pound sterling mony for each of the saids three persons who shall be apprehended and secured in manner foresaid , forth of our thesaury , as a reward ; and to the end these presents may be made known , our will is , and we charge you strictly and command , that incontinent these our letters seen , ye pass to the mercat cross of edinburgh , and remanent mercat-crosses of the head-burghs of the shires of this kingdom , and other places needful , and there , in our name and authority , by open proclamation , make publication of our royal will and pleasure in the premisses , that none pretend ignorance . given under our signet at edinburgh , the eighteenth day of october , one thousand six hundred eighty seven , and of our reign the third year . per actum dominorum secreti concilii . will. paterson , cls. sti. concilii . god save the king . edinburgh , printed by the heir of andrew anderson , printer to his most sacred majesty , anno dom. . the poor man's cup of cold-water ministred to the saints and sufferers for christ in scotland who are admidst the scorching flames of the fiery trial. mcward, robert, ?- . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing m estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the poor man's cup of cold-water ministred to the saints and sufferers for christ in scotland who are admidst the scorching flames of the fiery trial. mcward, robert, ?- . p. s.n.], [s.l. : . reproduction of original in the university of illinois (urbana-champaign campus). library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng church of scotland. covenanters. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion the poor man's cup of cold water , ministred to the saints and sufferers for christ. in scotland ; who are admidst the scorching flames of the fiery trial. i. joh . iii : . marvel not , my brethren , if the world hate you . i. pet. iv : , . behold , think it not strange , concerning the fiery trial , which is to try you , as if some strange thing hapned unto you . but rejoice , &c. ii. thess . i : . seing it is a righteous thing with god , to render tribulation to them that trouble you , and to you , who are troubled rest with us , &c. luk. xviii . . i tel you , that he will avenge them speedily . psal. ii : , , let us breake their bands asunder . — he that sitteth in heavens shall laugh . — yet i have set my king upon my holy hill zion . psal. cxxxii : . his enemies will i clothe with shame : but upon himself shall his crown flourish . printed in the year . for the now truely honorable , and really happy , that little flock , and lovely company in scotland , who are in great tribulation , for the word of god , and for the testimony of iesus christ ; and more particularly , for his specially endeared friends , the sufferers in the west . of scotland . much honoured , dearly beloved and longed for in our lord jesus christ , grace from the god of all grace , mercy from the father of mercies , who is rich in mercy , & peace from the god of peace , whose it is to speake that peace and to give that peace , which passeth all understanding , together with joy in the holy ghost , be multiplied upon you . though i am unable to do any thing for you , or say any thing to you , which can cannot to the equivalency of a releife , now when you are overwhelmed with such an inundation and deludge of calamities ; as every one who looks on , yea the very authors and instruments of these miseries and mischeifes must say , if they speake their soul or sense , you are pressed out of measure and beyond strength ; yet your sufferings are such for kinde and qualitie , such for measure and weight , such for substance and circumstances , as might , through a transport of griefe and compassion , make the tongue of the dumb , if he have b●t eyes or eares , to break prison and cry out , behold , o lord , and consider , to whom these things are done , and for what , and for whose sake . i dare not , alas ! say , that i fill up the just measure of that sorrow for you , and that sympathy with you , which is debt upon my part , and an indispensible duty , in this day of trouble and of treading down , and of great perplexity , by the lord god of hosts , in the valley of vision ; yet i desire to be amongst the company of those , who doe not , who dare not allow themselves , to carry as inconcerned now , when his precious interests lye a bleeding , his poor remnant under their pressures as breathing out their last , and such who endeavour to retain their integrity , and to hold fall what they have that no man take their crown , and to depart f●om that inquity , which is the inquity of our time ( a departing from god , and an opposition to jesus christ in nature and degree , in height and hainousnesse , of a tincture and elevation , beyond and above what the departings from god and oppositions to his son jesus christ have been or were capable of in former times ) make themselves a prey ; as is manifest in your case not to be paralleled , if weighed in an even ballance . i am so much straitned , how to give my shallow and confused thoughts a vent , while i essay to contribute my poor mite , for alleying the bitternesse of your cup , and mitigating the greatnesse of your griefe ( knowing well how little proportion what ever i am able to say keeps to the anguish of your soul , because of what you are put to suffer ) as the sight of this indignation , wherewith you are filled , puts me to struggle with my inclination , and staggers me in my resolution to speake , as seeming rather to perswade me , because of the heavienesse of his hand upon you , to sit alone and keep silence , then to open my mouth , since the moving of my lips cannot asswage your griefe ; yet affection ( which easily procures a pardon , when it misseth the marke it aimed to hit ) hath in the present clamant emergent emboldened me , out of my poverty and penury , to offer such as i have ; and besides , i hope , both from the conviction of duety and knowledge , how much the depth of your distresse is beyond the supplies i can contribute for your ease , and the supportings of my feeble & feeklesse pen , to acconnt it m mercy , while you are in that paroxisme & agony of misery , through the madnesse of such , as are incensed against your lord and master , to cry as i can on your behalfe , arise o lord , and rescue the soul of thy turtle from the rage of these men of cruelty , and do not give up the beloved of th● soul into the hand of such an enemy , whose way thy soul hateth . you have often heard , my deare and distressed friends , and you have professed also to be in the faith of this , that men may be more then conquerours , when killed all the day long , and that there is an hundred fold to be reaped in this life , even with persecution : now set your selves , when killed and crushed , to put the crown upon your profession ; now adorne that doctrine of god the saviour , which you professe , by such a carriage , as will witnesse , you know , in the midst of what flesh can do unto you , how to be conforted in god , & how to endure the worlds hatred and harme , as those whom no affliction can make miserable ? o that he may put you in case to seale from your own experience the sweetnesse of suffering for christ ; and to say , now we know there is a river that refresheth the whole city of god , because he hath made us drink of this river of his pleasure , whereof since we drank , we have forgotten our poverty , & remember our misery no more : now we can affirme from what we finde , ( whereby our souls are fortified ) that as the sufferings of christ have abounded in us , so our consolation also hath abounded by christ , for whom we have suffered the loss of these things , and in that loss are so great gainers , as now we know what we have lost is but dung ; but what is left us , or rather what we have found in these begun fruitions of jesus christ , hath begun our heaven amidst all we suffer . yea , i am hopeful , it shall be with you in your huntings , harassings , and hideings , as it was with moses in the mount , never so neer god , as when at the remotest distance from all creature-converse and comfort ; and that even while you lye as among the pots , and are black with the smoak of that fiery furnace , heated seven times beyond what you or your fathers have found , or could have feared , if satan , whose element is fire , had not set the instruments of your calamity on fire of hell , and transported them so far beyond the limits and latitude of all reason . as if the question were asked , why doe these heathen rage ? the answer behoved to be given , nay , aske them not a reason , for they are in rage against the lord , and against his anointod : i say , while you are smothered with this smoak , & made black , yet your face shall be made to shine , and you put in case to say , though we be black because this sun with its scorching heat hath looked upon us ; yet are we comely , because the sun of righteousnesse with healing under his wings hath arisen upon our soul , and under the shadow of his wings we shine and sing , and are comforted . but to come more closely to what i intend in these lines . let me tell you , deare friends , that nothing can be more effectual for working up the heart to a right temper at all times , and more particularly in your present case , and for frameing a right the wayes of a christian , when he must either go with the drove of those , who depart from the living god , or expose himself for his adhesion to him , and relinguishing these workers of iniquity , yea opposing of their christ-opposing courses , to all the effects of their fury , than well to know , and often to consider , what is the nature of that state and condition , whereunto he is called as a christian ; to know what is his relation to jesus christ , who hath chosen him ; and to the world out of which he is chosen : this , if seriously and sutably pondered , would certainly cool his feverish heats , and quench his thirstings after the world , and would quicken his soul , and kindle in his heart much heat and warmth of love to jesus christ ; it would stablish his heart , strenghten his hands , fortify against feare , and fournish him with what is sufficient for the patient suffering of the worlds hatred and malice at him ; how would a solid reflection of his being chosen out of the world , sweetly disengage him from the entanglements of this world ; and as one made partaker of the divine nature , make him so mind and so move , as his mindings and movings would make it manifest whatsoever is below god is below the designings , the desirings and endeavourings of his soul. and the true reason why there is so little of real christianity to be found amongst christians , is , we consider not that christianity is the soul cast in that blessed mould of disconformity to the world , and conformity to christ , our having his blessed name called upon us ; as it supposeth an association with him , so it obligeth to an assimilation to him , in order to the fruition of him , without which we can never make it appeare , that we are sharers of that unction , which is the import of that blessed name called upon us . there are few , alas ! amongst the many professors of religion , and pretenders to christianity , who study to know the excellency of that state , the special comforts and the proper duties thereof , and the closenesse of that connexion which is amongst these . o! it must be an excellent state , which imports union with jesus christ. he that is joined to the lord is one spirit , saith the holy ghost . and what must the privileges and the comforts be which follow upon and flow from this ? for religion , as it relates to these , is the very religation of the soul to god , as a portion , and that good part which cannot be taken from him ; and then all the special duties thereof are but the promoving of that begun conformity to jesus christ , till it be carried on , and consummat in a perfect likenesse to him . now he , whose soul hath received just impressions of these things , is in case to carry amidst all surrounding miseries , as one who is happy without the world , and in despight of the world ; for he hath a happinesse laid up in god , and to be laid out for him according to his need , which the world knoweth not of , and cannot take from him : hence it is , that he rejoyceth in hope , & is patient in tribulation : and as for the duties of religion he is not found of these as of an enemy , even when he is sure he cannot follow them , but his enemies will finde him and fall on him : he knowes no other question , but lord what wilt thou have me to doe ? and when that is clear , sets himself to doe all things without disputings and murmur●ngs . neither is he demurred nor diverted , much lesse turned out of the way of following the lord fully , because there is a lyon in it ? but can without fearing the wrath of a king , which is as the roaring of a lyon , & most either be encountered , or duty in its proper season deserted , go foreward ; and when the danger he exposeth himself unto by doing so would be ready , if too much pored upon , to daunt him and draw him , into a relinquishing of his master , look upward , and endure as seeing him who is invisible o noble look ! this is that blessed second sight , whereby a saint , in the darkest night of distresse , sees that which is soul-supporting : o! the invisible god made visible to the poor persecuted creature , in his omnipotent power , his infinit love , and his unfailing faithfulnesse , makes all visible dangers evanish into an invisibility . therefore , deare brethren , since you are not of the world , and since there is so great a change made in your state , and some blessed begun chance made betwixt you and the world in your manners , think it not strange concerning these fiery trials , which you meet with from the world , and must go thorow , till you get thorow the work : he hath not rightly received christ jesus , who looks not on suffering as his daily work : he who hath closed with christ , and is resolved to keep him company to the end , that he may be with him without end , must be at a point in this that be where he will bonds and afflictions will abide him , in every place , yea he must resolve with it , and be in readiness for it , not only to be bound , but also to die for the name of the lord iesus ; and that not amongst heathens , but in ierusalem , where also his lord was crucified ; not only at rome and amongst professed enemis , but in scotland , but at edinburgh , where christ jesus our lord is now crucified again , and put to open shame ? not by a forraigne enemie , but by those who are rulers ( if it be not abuse of language to call them so , whose government is pure tyranny ) and not only by rulers , but by such rulers as have bound their souls by the bond of a sacred and solemne covenant , and stand eternally obliged , under the penalty of everlasting seclusion from the presence of god and from the glory of his power , to maintain that reformation , the ruine whereof they drive with so much rigour and rage , and the razing of the foundations whereof they endeavour with the utmost of professed enmitie ; to preserve that precious treasure for , and to propagat religion in its purity to posterity ; to protect these very persons , whom they persecute , and persecute for persisting in those wayes , wherein they themselves have give it under their hand to god they would walk . now , we are not to think strange , concerning this fiery trial ; for whosoever would be the disciple of christ , must take up his crosse daily and follow him , it must be such an one as he pleases to lay on and what he wil have it to be ; he must not fansy to himself a fools paradise in christs company ; nay , th● crosse is the necessare concomitant of a christian ; and sharp conflicti●g must goe before the obtaining of the conquerours crown : we must not only resolve to meet with such fiery trials , as will consume into ashes our darling idols , ( for there is a necessity that some hand be made use of to pluck out that right eye : and cut of that right hand ' which hath caused us to offend` that so we may enter into life ) but we must and may exspect to meet with ●he saddest trouble , and the most unsufferably sharpe trials out of that airth , whence we did not feare , nor could we rationally foresee the storme should blow : these persons and things● which should be most comfortable to the people of god , do often prove the source of their calamitie , and the instruments whereby they are afflicted , we need not goe to ionah's gourd , nor iob's friends , we need goe to zechariah , slain betwixt the porch and the altar , by ioash , whom he was endeavouring to rescue out of the hands of the living god , by admonishing him to keep the commandement of the lord , and his covenant and coronation-oath , . chron. : . compared vvith c. . . & seq . for though he vvas the son of iehojadah , vvho had made him king , and stain the usurper ; yet he not onely for gote that kindenesse , bu● slevv the son , vvho vvas desiring , yea vvhile endeavouring to keep that crown upon his head , ( by dissuading him to venture upon god-provoking courses or to enter the list of opposition to god almighty , contrary to all the objective and subjective obligations , under vvhich he vvas to him , for having set him upon the throne , vvho could as easily and vvonderfully bring him dovvn , as he had set him up ) vvhich his father had set upon it . but god forgote neither his foresaking of the covenant , nor his breach of his coronation-oath , nor his forgetting of iehojadah's kindenesse ; but put ioash in remembrance of all he had forgotten , and of all he had done ; and made him know he had heard the words of dying zechariah : i need neither tell you how , nor by what monitors he brought these things to his remembrance , nor how pla●n a parallel it is to our case : onely ioash did not kill iehojadah himse●f , who had been the instrument of his setlement in the government . i say , we need not search to reco●ds of former generations , ( except it be to finde some of the saints , and some of the churches of christ , to whom we may turne . that we may learn at them ? and be beholding the end of the lord , know how to carry and acquit ourselves , though we may long turne over the records of former times , ere we finde a parallel to the iniquitie of ours ) for examples : when these very men , with whom we ourselves did once take sweet councel together , and with whom we walked to the house of god in company , are become such cruel and keen enemies , as it is impossible to describe their rage and cruelty ; for a naked representation of matter of fact would ●ertainly passe with such as were not witnesses to what is done , for a meditat and malicious representation of persons & actions . but i need not tell you stories what you finde beyond my tellings , yea beyond your own expressings . o the crimson iniquitie of our times , when such as did but the other day cry grace grace unto it , are this day throwing down what they had built and are crying raze it , raze it even to the foundation : when these who not long ago did cry up and commend loyalty to jesus christ , are now crying , crucifie him ; let us burst his bonds assund●r , and cast away his cords from us , let us casse and rescinde our covenant made to serve him , and be subject to him ; and let us set up a new lord ; and let this be the new law , that who ever will not doe , according as we have done and decreed , may die . but alas ! have these men forgotten , that this insurrection against him is recorded in heaven , and that this their rage against his follovvers ( upon vvhom ●hey run vvith open mouth , and against vvhom they prepare themselves vvithout their fault , being chargeable vvith no guilt , abstracting from obedience to their god ) is come in remembrance before him ? and that the cry of these oppressed ones is come up unto the eare of the lord god of sabao●h , and vvill bring him dovvn to execute judgement for the oppressed : but let us not stumble , nor start aside for all this ; for hovv astonishing so ever it may be in it self to upright men , yet let the innocent stirr up themselves against those , who have dealt thus hypocritically with god ; and let the righteous still hold on their way , and such as have clean hands wax stronger and stronger : it is a weaknesse unworthy of saints , not to carry as those who have laid their account with the crosse , a reckoning which flesh and blood ( alwayes inculcating that carnal doctrine , spare thy s●lf ) is very unwilling to make . we still think there is a way ( because we would have it so , and often make a way where he hath made none ) to shift these hard sayings , and shun these heavy things : and yet come at heaven : we fansie a possiblitie to passe thorow the world with the worlds good will , and be religious too . but this is to be wise above what is written : the devil must first cease to lie , and murther and way-lay them that are going to heaven ; and the enmitie between the seed of the woman and the seed of the serpent must first be done away , or changed into perfect amitie , ( which shall never be ) before that day dawn , that the traveller to heaven needs not lay his reckoning to meet with trouble in the way . but passing the general account that the wickeds hatred ag●inst god is so perfect , as they hate his image and picture , in his children ; yea they like not the godl●nesse ( if i may cal it so ) of a hypocrit , but hate it ? which they doe , ( what ever they pretend ) not for the evil that is under i● , but for the good that appeares in it : as lions are said to have so perfect a hatred at man , as they wil teare the picture , because of the resemblance it hath to a living man : neither shall i in●ist upon this cause o● hatred against the students of holinesse , that there is a light in a christians life , who walks as a child of light , which discovers the spots of the profane world about him ; and with that light there is a heat also , which scorches and troubles their conscience ; and therefore they cannot endure them● but take all opportunites . to deale with them as persons come to torment them before the time , by their shineing and burning . besides these general and un●ailing considerations , which ought to fortify us in a resolution to make ready for the worse the world can doe ; there is somewhat peculiar in our lot , which should make us resolve and determine not onely to suffer , but to have a mixture of gall and worm●wood in our cup. wherewith saints are but at some special times exercised : there is a must be now , for all who will live godly in christ iesus to suffer persecution , and it were a madnesse to entertain other thoughts , since our time is a time of defection and shameful apostasy , which hath ever been found a ●ime of hot persecution . this hath been ever observed to be the practice of apostats , to hate , as hell and to handle as the worst of men , such as stand fast fixed in owning that cause of god● which they have relinquished : a man , who resolves to keep a conscience void of offence towards god , must take his life in his hand , and be ●n readinesse to part with it , when his lot is to live in a time and place , where there is power in their hand , who have made shipwrack of faith and of a good conscience . for as apostasy is the special sin of devils , and as satan the great apostat hates all , who set their face heaven ●a●d , and are servants of that god , and seekers of that blessednesse from which he for his ●postasy is everlastingly banished ; so whomsoever he withdrawes from the wayes of the lord , and drawes with him into the guilt of apostasy , he drives them on also to the same sin of persecu●ing those , who hold on their way , and who adhere to those precious truths , which they have fo●saken , and are followers of god as deare children : and these ●wo have so neer and native a connexion together , as he doth not onely drive without any difficultie those , over whom for their apostasie he hath obtained a sole soveraignity and dominion , into these desperat and damnable courses of persecuting the truth , which they have foresaken , and the professors ●here of , who hold fa●● his name : b●t which is more strange and sad , and should alarum every man into a watchfulnesse against the very first and smallest-like degrees o● defection from the good old wayes of god●r it is observed , that let a man , though sound in the main , slip from one degree of his zeal ond integrity , thoug● it wer● but in omission to stand-up for the defence of the gospel , when the assaultings of adversaries makes it duty ; much more if there be a doing of any thing , which will give the enemies of the work of god the least advantage , he forth with slides also ere he be aware into a censuring , despising , contemning ( if it stop here and go no further , it is well ) of his brethren , whom he cannot carry alongs with him , and becomes frequently more active and indnstrious to draw them , whom he hath in so far l●ft , his length , then he is observed to be active in strengthening the things that remaine and are ready to die , amongst a people in a declining time . now these things are so plain in our case , as it were supe●fluous for me to make them more plaine . need i tell you , in whose hand the power is , or of what spirit and principles these men are , after all the desolation they have made amongst you ? neither are they yet at an end ; and therefore you would be preparing for new assaults , and laying in provision against the evil day . o blessed shall the man be , who in this dismal day , shall not be offended in him , but shall endure to the end . lay your account therefore with the worst , that violence and enmity , armed with power , & enflamed to the height of revenge , can make you suffer , for withstanding this course of iniquity , now carried on by all means & methods in the nation . this fore-sight & providence will be our wisdom ; for when we have done so , we will not be amazed , when that comes to passe , we had resolved before hand to meet with ; or put out of our postour , when these things do emerge , with which we had laid our reckoning . but , deare friends , for fixing yourselves into a firmenesse of resolution to hold out and hold on , though it should come to a resisting unto blood , after you are robbed and spoiled of your goods ; consider that there is nothing in all these fires and waters , you have to passe thorow ; in all these dangers and deaths , which are before you ; in all these trials , in all these hazards , nay in all these hells that are betwixt you and heaven , whch can prevail with a soul , that knowes in whom he hath beleeved , or perswade him to cast the blessed bargan , or go back from his master , and walke no more with him . whither shall we go from thee , for thou hast the words of eternal life ? was the disciples deliberat and warme answer to that heart-moving question , will you also leave me ? leave thee lord ? leave thee who will , we are for ever tied to an attendance upon thee , and continuance with thee , both by choice and by the chaine of our own advantage ; that eternal life , which is in thee , and is to be had by abiding with thee , arrests us with a pleasant violence to wait upon thee , while we must foresake all in following ●hee , and be foresaken of all . but secondly , let us exercise spiritual reason , and reckon right , & we will perceive , there is much of present & real advantage to be found in and reaped from the worlds hatred : and the greatest heat of persecution ; who is he that will harme you , if ye be followers of that which is good ? is a question that puts it out of question , they cannot be harmed even when hurt , and therefore it is immediatly added , pet. : . but and if ye suffer for righteousnesse sake , happy a●e ye &c. it is true , there are none to whom moe injur●es are done , then to the poor persecuted people of god ; for as men they are not only borne to trouble , but as christians they are borne againe unto trouble and appointed thereunto : but it is as true , that there are none who are so little iniured by injuries ; for they get meat out of the ●ater , all these things work together for their good : for first , hereby the saints are keept in a right temper towards the world and the things thereof ; whereas i● they meet with kinde usage in it and from it , they would take too well with it , and sit down short of heaven , and forget to say , arise let us go hence , for this is not the place of our rest : there remains an unrenewed part in the saints , which would agree too well , and comply with the courses and customes of the world ; and therefore it is their speciall adavntage to be driven off from it by being distressed by it ; this bitter potion , which the world prepares for the people of the lord , and puts all the gall and worm wood in it they can , to make it deadly poison , when drunk down and digested , by faith and patience dissipats and discusses these ill humors , which did weaken the vitals of religion , and brought a consumption upon the inward man ; and so proves a soveraigne antidot to drive out that poison , which would have killed the soul , if not purged out . and as it serves for dissolving that union between the saints and the world , so secondly it knits them the more closely to him , who hath chosen them out of the world ; for when they finde themselves dealt with as strangers and pilgrims in the earth , exposed to all manner of hurt and hardship , they then are in earnest in seeking that satisfaction in god , which they misse in this howling wildernesse of sorrow ; and as they never seek it so earnestly and ardently , as at such a time ; so they never so readily finde it , that they may have a proof that their own portion is fat enough , and can still afford them royal dainties ; and so sit down satis●ied with the enjoyment of god , even their own god , and sing amidst all wants and miseries , the lines are fallen to us in pleasant places . the reason then why the people of god are often in so much heavinesse , and frequently hunted & harrassed with trouble & tentations , is , that they may be hunted by the worlds hatred and evil handling of them , out of the world , home to heaven ; that since they see what they have to expect here , they may gird up the loins of their mind , & set their affections on things that are above , where christ is & there treasure : & hence it is said , when the scourge slaieth suddenly , he laugheth at the trial of the innocent ; which is not for want of affection , being a●flicted in all there afflictions ; but , if i may say so , besids that he meens them not to command a calme in the greatest storme , & to have a consort of most sweet musick in their soul , amidst all their miseries , who have an interest in him as their god , he rejoiceth to think how the happinesse of his people is promoved by their pressures and persecutions ; and how much their persecuters are befooled , who contrare to their purpose contribute their service to the saints , whom in their rage they intend to ruine . all men of reason have judged the mustering and marching of this host against you , a high transport of malice and madnesse ; in the mean time you mourne , and the enemies laugh amongst themselves , and the lord , notwithstanding he takes pleasure in the prosperity of his people , he rejoyceth also : but why is it so ? it is so not only in regaird of your adversaries , at whom he laughs , because he sees their day is coming , but because he hath such a complacency in the soul prosperity of his people , that court and councel and all the nation must be set a work to scoure the saints , the vessels of honour , that they may shine in the beauty of holinesse , and sing in the begun fruitions of god : and thus by the effects of this fury , this malice and madnesse of persecuters , a company of his poor people , whom they intended to eat up as bread and to destroy , are made meet to be partakers of the inheritance of the saints in light ; the place to which neither they who gave the orders , nor they who obeyed and put them in execution , shall ever be admitted , except they mourne and amend their manners too ; for heaven is not a place for impure and polluted persons , there is nothing that defileth or worketh abomination that can enter-in into that city , there is neither swine nor puddle there . but to come more particularly to the purpose , & to show and set before you what grounds of strong consolation you may have , while handled as you are , by the persecuting enemy ; consider first , that it ought not onely to remove the strangenesse , & to alley the bitternesse of your present sad lot ; but also comfort you over it , and while under it , that your sweet lord and mast●r was handled by the world , as you are ? if the world hate you , saith christ , you know that it hated me before it hated you . and therefore for sweetening your lot and supporting you , consider him lest you be wearie and faint in your minds . o what weight of sorrowes and variety of sufferings did he undergoe , both in his life and at his death ? what pinches was he put to ? what pressoures were upon him ? reproach , shame , calumnie , hatred , persecution met upon him , to make it appeare , he was a man of sorrowes : what alley is this to your griefe , under your pressures and persecutions , that your lord and master drunk of the same cup ? he met with much worse handling : cease then to think strange concerning this fiery trial ; but rather rejoyce , in as much as you are partakers of the sufferings of christ ; this may comfort you , that herein you are conforme to your lord and master , if they have persecuted ●e , saith he , they will persecut you . but secondly , to make the consolation strong indeed , consider that he not onely was hated of the world , and persecut●d by them , before you were ; but he is such a feeling-head as he still suffers with you , for all the after fufferings of his servants do ●ir●t light upon him ; there is never a stroke given to one of his members upon the earth , but the stound of it is felt in heaven : saul , saul why persecuts thou me , being the word of our glorified master , puts the matter beyond debate . the quarrel is at him , and he will own it , as such , in as much as you did it unto one of these little on●s , you did it unto me , holds true here : and this is so cleare in your case as it passeth the parts of your most pregnant adversaries to palliat this persecution with any colourable pretence , which will hide it from being a plain fighting against god. is it not the purity of their malice and perfection of their hatred against christ as king , which pouseth them on , & prompts them to this persecution ? let them ●ender any other reason for what they have done , if they can . for when to compleat the revolt of the nation from its sworne subjection and obedience to iesus christ , as supreme in his own-house● they have substitut and constitut another in his place , and have framed a supremacy in to a law , to be the rule and standar● , according to which our kings , in all succeeding generations , shall of right king it over the house of god , as knowing no superior , with a more simple absolutnes●e , then the law of the nation will permit them to do over the house , inheritance , interest or concerne of the meanest subject in the kingdom : by which law our lord iesus christ is most explicitly exa●torat , he is declared to have neither house , people nor propertie in scotland . le● any read over our late supremacy , and sense it , and consider if its lowest amount be not this ; we have no king but caesar. and to make it emphatickly expressive of this , vvhereas other acts of supremacy ( vvherby yet our lord iesus chrest vvas vvronged , and his royal prerogative encroached upon ) did still for shame leave him the title ; and a supremacy vvas pretended unto under god , and his son christ , and a derivation and conveyance from that fountain vvas in words acknovvledged ; that the iniquitie of our supremacy might be supreme● an absolute , independent , arbitra●y dominion is attributed to our kings , setled upon them by law : and for the more security , this povver is declared to be the i●trinsick right and the inherent prerogative of the imperial crown of the nation , vvhereby al-church-mat●ers are subjected to their imperial vvisdom , to do in all these as they think fit ; and the managment of these are so solely in his majesties povver , that vvhereas the council acts in civils in a subordination to his maj. according to the law of the land , his maj : may make use of what kinde of persons so ever he will ; passing by parliament or council , to put all the incontrolable dictats and decrees of his maj. wisdom and good pleasure , concerning church matters , in execution ; and therefore that we may be no longer in suspense , nor solici●ous about the sense of our supremacy , & that the church may hen●ceforth know & acknowledge , who is her lord and undoubted superior , whose it is to give laws and appoint officers , to put them in execution ; and that there may be none , in heaven or earth , to pretend to any part of this power , or paritie in this supremacy , the name of god and of his son christ is omitted in it , and ( because mentioned in other supremacies ) must be conceived to be delet out of ours . ( o! the patience of god , that their names● yea that the name of the nation , where such a wicke●nesse was decreed , is not before this perished from under the heavens ! ) it is true● this pleased me best in all that supremacy , because it was plain dealing , without all cloak or complement ; for now iesus christ hath neither thing nor name of kingly power left him , but is most explicitly put from the exercise of his royal government ; and church lawes are no more to passe in the old stile , nor are things as formerly to be done there by vertue of the authoritie of this one iesus , who calleth himself a king ; but according to the new stile . and so hence forth , church lawes must beare the datum of the iulian account . now our rulers , having framed this law , for hainousnesse of hatred & h●ight of opposition to the lords anointed , whom he hath made king in zion , beyond the most supream supremacies , that ever wer● framed or moulded into lawes , since god made man upon the earth ; or satan , that he might destroy the church , prompted men to compet with the mediator & strive with him for state , y●a even in its prodigious shape and feature , beyond what was arrogat by the man of sin , the anti-christ , that son of perdition ● our blessed lord jesus , who hath all his enemies in de●ision , stirred up the spirit of some of his zealous ambassadours to goe forth and give a testimony against the hainousnesse of this usurpation of their masters crown and sc●pter ( which will be their crown , and which should be now our main question upon which we act and suffer , as we expect his p●esence and supportings , either in doing or suffering ) and in pursuance of that commission , which they had received from him , to preach in ●eason and out of season , and to negociat a peace betwixt this great and glorious king and poor guilty sinners : whereupon our blessed lord jesus christ , though slighted and set at naught by our rulers , bo●h to signifie his complacency in the zeal of his faithfull servants , ●ired into an holy fervo● fo● the prerogative of their exalted prince , from the observation of the fury , whereby they saw he was opposed ; and to refute till more come , ( o! that is coming , which may and certainly would make their souls tremble , if thought upon , the apprehensions of the righteous revenges he will ●ake , for this contempt cast upon him , and when he will returne their reproach upon them , by speaking unto them in his wrath , and vexing them in his sore displeasure ) the folly and infatuation of that new pretence to his incommunicable prerogative● royal , framed into a law , and that by an argument easy to be understood by the poorest lasse and lad in the nation , he goeth forth conquering and to conquer , by the ministry of these his despised servants , and thus he reigns as king in the m●dst of his rageing enemies , and acts wonderously , so that to the conviction of all , he holds the hands of his servants , upholds them at his work , and doth from tha● day greater things by them , then ever , in regaird of many circumstances , were done in the nation : he makes such noble and notable in roads upon satans territories , and these darke places of the land , where the prince of darkenesse had an indisturbed dominion , as multitudes are made , in this day of his power , to follow after and fall in love with ordinances , dispensed by his own o●ficers , and flock unto the standart of this exalted prince : a proof as great as ever was given of his reigneing , and that his people shall be willing in the day of his power , though all the powers of the earth were on a conspiracy against him , and abused that power to the fainting of his followers , and the fr●ghting of them into a dis●oyal relinquishing of iesus christ : which the adversary perceiving , and finding that to no purpose they had cru●ified christ aga●ne , and put him to open shame , by taking his crown and scepter from him , and bu●ying his supremacy in the grave , which they had made for it , u●der the fabrick of their newly erected one , and that in vaine they had set a watch to keep the grave , & fearing withal that this reviving of his work , and resurrection of his cause , might prove to them a second errour , worse by far then the first ; the●efore , that rovers may not be ruers , and to fortifie themselves in the pos●ession of what they had taken by their law from our lord iesus ch●ist , and to prevent his returning to his throne , and his reassuming the exercise of his royal government ( o let their feare come upon them , who feare left christ should reigne ! ) an host must be gathered , on purpose to march into the west , as that part of the nation ( o happy and honourable cognizance ! ) where iesus christ had most remarkably rung , and which still was looked upon by them , as the kings head-quarters ; whereupon it is resolved that that poor countrey shall be invaded , the people in the mean time , having behaved themselves as peacably as any part of the nation , being amazed at the rumour of this rage against them , and the resolution taken to pour●in upon them such a company of barbar's , as their carriage and cruelty is beyond my describings , send some of their number to declare that they were most peacable ; but to binde themselves to such a compliance with the course of the time , ( that is , upon the matter , to cooperat with the workers of iniquity , and to st●p christs ambassadours from delivering their message , and to hinder the people from meeting together to heare what he would say unto them , by such as he hath cloathed with a commission , and called to ●●eake in his name ) as a thing now no more in their power ( o let it never be in the power of these abusers of their power , for hindering the word of the lord to have a free course and to be glorified ! ) but as to the secureing o● themselves against all these groundlesse apprehensions of an insurrection , there was no way so proper , no way so possible . as to suffer the sent servaints of iesus christ to preach and perswade the things belonging to the kingdome of god. but this seemed so insufferable , and such a plain and practical contradiction to the supremacy , in its new ( o let it never wax old ; ovrt●rne , o lord , overtu●ne , overturne , till he come whose right it is ! ) elevation , as the same reall and practical re●urne was given to it , which pharoah gave to that request exod : thus saith the lord god of israel let my people go tha● t●ey may hold a feast to me in the wildernesse ? and verse . pharaoh said , who is the lord , that i should obey his voice , to let israel go ? i know not the l●rd , neither will i let israel go : i say , the thing sought , on the behalfe of that poor people , s●emes to be of a piece with that of moses & aaron ; for it was this upon the matter , if you have taken all the houses of god in possession , if you have driven iesus christ out of all the cities of the nation ; yet will you leave him , will you allow him some place in the open feil●s to met with his followers ? will you suffer him and his to hold their assemblies in the wildernesse , in some mosse or mountain ? no , that may not be heard , it hath a ha●efulnesse in it● as implying a proper and peculiar soveraignity still ascribed unto iesus christ as king , inconsistent with and subversive of our new supremacy . a●d therefore nothing is now heard , but muster and march : and thus an host is raised with as great solemnity and celerity , with as much pomp and parad of artillery , &c. to invade that poor peacable company , as if the land had been invaded by the most formidable and furious forraigne enemy ; and impowered withall to do and act at that rate of violence as the actors of all imaginable mischeifs are secured by law from all feare of future hazard , for what ever violence they commit , or wickednesse they can perpetrat ; if ●hey have but the wit to say in their own defence , it was done to answer the end of that expedition , and for his maj. service against those , who professe subjection to another in soul-concerns . now as there was never an act of supremacy so explicitly in all points opposit to the kingly power of our lord iesus christ , as this late one of ours , ( an act onely defineable by its own wickednesse , for this is supremacy ; ) so besides the stupenduous unreasonablenesse of this course without a parallel , for a magistrat to run upon and ruine his own peacable subjects , without a provocation on their part , or the least ground in law to justifie the crueltie of this procedour on his part ; besides this , i say , no man who doth narrowly look into the matter , and consider the quarrell , but he must see it , he must say it , that since god made man upon the earth , since souldiers were mustered and marched under colours and command , never was there an army raised , or an host put so formally to march up with displaied banner against christ as king ; for this is the summe , substance and soul of all that can be said , as the genuine import of this expedition ; christ iesus , from whom we have taken the crown by law , is yet like to keep some possessions o● the nation ; come th●refore let us march into the fields ; and since he calls himself a king● and will trouble us with conventicles and feild meetings , and since his followers and these who flock unto him affirme him both to be a king and captain , yea that king against whom there is no riseing up , because he is the lord of hosts ; let him meet us in the feilds , and mainta●n his ●itle , and vindica● his prerogative ; for as we have no king but caesar , so this is our quarrel : and if he will not draw out and draw up , if he will not measure swords with us , then as we have taken his house in possession , so we shall fall on , and by the strong hand t●ke the houses of all into possession , who will not renounce their depen●ance ●pon him as soveraigne and supreme , and shut them out , either to die in the fields wi●h him● or ●●ob or starve t●em in their houses , who will not applaud our having taken his house in●o possession . my soul trembles to give the obvious sense of those our rulers proceedings ; nor date i give my pen it 's just libertie to unbowel this course , and lay open the blasphemies wherewith it is big even ●o a bursting : neither is it necessare for me , for every one , who doth not shut his own eyes , must see , that hatred against christ , and the coming of his kingdome , expressed in this expedition , which he cannot , he dare not , without horrour and amazement expresse : who can suffer himself to resolve the practice of rulers ( who have bound their souls to obedience , fidelitie , and loyaltie to christ , as king , under the penal●ie of the forfeiture of their immortal souls ) into this , which is it's native and necessare sense : we are now wearied of the government of j●sus christ● it is a yoke we cannot beare , we will not beare , we are resolved once for all to burst these his bonds , and cast away these his cords from us : we are wearied of this his church jurisdiction : let him be gone therefore out of our borders : let his name as king and soveraigne be no more in remembrance : we have set up ano●her in his place ; and have soudered into a samenesse his crown , with the imperial crown of the nation , and have setl●d that upon the head of our king , and whosoever shall succeed him ; ( the most dangerous and deadly decree , that ever was made for that succession ) so that now , all his old pretenses to a royal prerogatvie amongst us for the futu●e are cut off ; or if he will clame any interest , notwithstanding of this our law ; let him now appeare to try the justice of his tittle and pre●ence by the sword : we are now drawn into the fields , to maintain what we have done : where is he ? if his followers meet together to oppose us , we have what we would , for then we will make a breakfast of them : and if not , we shall put all , who will not bow before the dagon of our new erected supremacy , once for all and for ever out of case to appeare afterward : for this end have we gathered our host : for this end do we march : fall on , red shankes : feare not , have not we bid you : you are pitched upon as the most qualified souldiers for this expedition against the mediator , whom we have denied to be a monarch , and proper instruments for our purpose , for we know you well to be such as these must be , who will do our busin●ss● , even men who feare not god nor reguard not men ; march therefore , right trustie and well beloved sara●ens , ye who call not upon the lord , ( and so are onely sit to be at our call and bidding ) and eat up his people in the west , who call upon him , as bread : make these the mediators subjects smart for it ; and either bring them to binde themselves no more to own him nor his ambassadours ; or leave such monuments of your savage crueltie behinde you , as will answer the keenness against christ of those who send you in this expedition , we have secured you against all hazard ( hell excepted ; and we know , you no more feare that , then we doe ) of future danger or pursuite , for what destruction you bring upon these against whom we send you ; onely destroy ? most deare brethren , what miseries you have endured by the barbaritie of these monsters , let loose upon you , are the matter of amazement , mourning and lamentation to all , who in every place call upon the name of jesus christ ou● lord , both theirs and yours , to whose eares the report of your sufferings is come . but amidst all these calamities and cruelties , you are not without comfort : o what a cordial may this be , to remember and consider , both who suffers with you , and for whose sake you suffer these thin●s ! you cannot consider this , but it will comfort you over your loss : when this is laid to heart , yeu ! will not so much be moan the loss of what is robbed from you , as you will blesse that ever you had any thing to lose for his sake , who sav●d you when ye were lost : you will then wonder at the honour , and re●oice that you are counted worthy to suf●er these things for his sake , who for your sake suffered far other things : you will take joyfully the spoiling of your goods for him , who for your sakes became poor , that you through his pover●ie might be made rich : o what will not be ●asie and sweet to suffer for that sweet names sake , which is as an ointment poured forth , by the savour vvhereof , your dead souls have been quickened , and your drouping and desponding spirits revived , cheered and comforted ! consider then , since christ your king , your captain , and saviour , neither did , nor does escape the vvorlds malice and persecution ; and since he vvas hated and handled as the vvorst of men , & novv again in the vvorst of times , is so dealt vvith ; if it be not reasonable , that vve should provide for the like , and resolve to go through the many tribulations , vvhich may be fall us in his company , and for his sake : if we intend to follow him to the place of fruition , we must go that way , which he hath paved before us , it cannot be avoided ; yea , how incongruous were it , if we could ? how unsuteable were it ? that the lord and master should meet with so much suffering , for the servants sake , and rejoyce amidst it all , as knowing he should see a seed , and have this recompence and satisfaction for all the travel of his soul , that the souls of his servants ●hould reap the advantage of what he underwent for them : that he shonld be beaten for the servants sake , that through his stripes the servants might be healed ; and the servants to be alwayes favoured , and applauded in that world , which had put the master to shame and suffering , while he was negociating his servants businesse ? and as he hid not his face from shame and spiting for their sake ; so he laid down his life upon their interest . were it seemly , that he who bore their burdens , should wade and swime thorow ●eas of sorrows , and they sail in streames of pleasure ? that he should be crowned with thornes , to purchase them an immortal crown , & they crowned with roses ? that he should be hun●ed , and had not whereupon to lay his head , that he might , by being handled so , purchase a kingdome to his followers : that he should go thorow death , aud such a death , and be laid in the grave , that he might have accesse to go and prepare a place for them , and take possession of the undefiled inheritance , as their common head , and trustee , in whom and with whom they now sit in heavenly places ; and they dwell at ease in their own house ? truely , to say nothing of the after glory , ( for who can say what it is , since it is above apprehensions ? onely this is sure , that they who suffer with him , shall also reigne with him ) if there were no more , then the present shar●ing and partaking in his sufferings , it were honour enongh . o how much above all regal dignite is it ! and how in comparably beyond the fancied honour of a diademe , to be crowned with thornes for christ's sake ! there is an inherent glory for suffering in christ , beyond all the ambition of the world● after that painted and putrid glistering bubble , with the glanceing whereof vain men are so much taken up . if this were keept in the view of the soul , what strength would it furnish ? what support would it supply the spirit of a sufferer for christ with ? but , deare friends , the word of your testimony and patience hath somewhat of a precious peculiaritie in it , not onely in reguard that it is the presently opposed truth , you are persecuted for , and so must be sweet because seasonable ; but the word of your testimony , and that truth , for owneing of which , yon are put to su●●er the loss of all things , is that very truth , for which christ himself suffered as a martyr : viz. that h● was a king ● this question is put to day unto his followers , with greater contempt than pilat put it , what , and is iesus a king then ? o noble cause ! o who would not rejoyce to enter the lists of contradiction with these his enemies , & have once an opportunity , to say yea , he is a king , and will be a king , when you ●re gone , and will prove himsel● higher then the kings of the earth , by rescinding your supremacy , ●hat idol of his indignation , and object of his revenge ! o what ambition should this raise in the soul of every saint ! what patience in tribulation should this produce ? what holy courage ? what humble boasting ? what triumphing and rejoyceing to be offerred up a sacrifice upon the interest of this kings crown ? can you consider , that your present sufferings & losses are a seal to that great truth , which christ sealed with his blood , and not blush at the honour , and blesse him for ever , that now the source , rise and conduct of the rulers procedour against you , and their barbarous c●uelty , give you not onely confidence , to pour out your heart befo●e him , and present your c●s● and cause , in this general , for thy sake we are killed all the day long , we are counted as sheep for the slaught●r : but more particularly , when you can sist your selves b●fore him , and sob out your sorrowes , in these words ; of a truth lord , against thy holy ch●ld i●sus , whom thou h●st ano●n●ed , are all th●se gathered together , and it is for our owning of him ; as thy anointed , and r●fuseing to be on that conspiracy , that we ore thus used : i know not vvhat can give ground of gladenesse in a mans life , or vvhat can be cause of gloriation in death , if resisting unto blood upon such a quarrell , and not loving a mans life unto death in such a cause , will not give ground for it ? beloved friends , and much honour●d sufferers for christ , you know , since you are taught of god that the way to overcome all trouble here , and to carry as becometh saints under it , is , to look above it , and beyond it ; above it , to the high and supreme hand that sends it , and disposeth of it , so as it may subserve your great interest ( for in despight of the malice and madnesse of all inferior agents , all these dire and dreadful things shall together with him , who worketh mightily in his people and for them , work together for your ●ood ; ) and beyond it , and above it , to the end of it , and the recompence of reward following after it : this is the way to profite by pressures , to be gainers in all losses ; this is the ground of sweet peace , and serenitie of mind , amidst all trouble ; and the solid foundation for patience of spirit : for , he is only in a capaciti● to possesse his spirit in patience , whose spirit hath received these impressions , without which , the soul will be still disquieted : trouble will still tosse it , as a ball in a large place , and it will prove unstable as water . i suppose , since you are saints , and so must have some impressions of the absolute soveraignitie of god , that though , in your searchings , you could not finde out or fixe upon the cause of his contendiug with you thus ; yet you would either be silent , or say , it is the lord , let him doe unto us what seemeth h●m good : and if he have no pleasure in our livei●g , and dwelling in our little huts , and houses ; bnt will drive us thence , the will of the lo●d be done . but not to insist on this , which yet you will grant to be infinitly rational , ( for who hath enjoyned him his way● or who may say unto him , what doest thou ? ) there is sufficient to keep you and me , a●d the christians of this generation from fr●ting● and saying ( while in the fire , and while the rod of the wicked rest upon your lot , and these plowers plow upon your back , and make their furrowes longer and deeper , than all these plowers● which went before them did : o when will god loose the plough , by cutting asunder the cords of the wicked , and confou●ding & turning them all back that hate you ? he is the lord , who will hasten it in his time , to shew that he is righteous : let us weep for what we have done ; and wait in hope for what he will do ) why are we thus , surely a sight of our sin would make us wonder that we are not worse : yea admire his goodnesse , who will be at all this pains about us , to heal us of these mortal diseases , whereof our immortal souls are sick even unto death : i am sure , that the crimson dye of our crying iniquities would curb our impatience , and cure us of that evil of quarrelling with him , because of our suff●rings . consider therefore , however you suffer very unjustly from men , against whom you have done nothing justly to procure their indignation ; yet , if you look within you , and lift up your eyes above you , and consider , how the cry of your transg●essions is come up into his eare , you will be constrained , not onely to justifie him , in this seeming severi●ie ; but to confesse , from clearnesse and conviction , you are punished lesse then your iniquities des●rve : and that it is of the lords merc● you are not consumed , because his compassions fail not . hence is it , tha● when the apostle peter hath been speaking of the fiery trial pet. ● , , , , . ( which this day in our case ) and hath been encouraging and comforting them , to a pa●●ent end●rein● , while schor●hed with these flames , by many noble arguments ; yet when he looks up●n thes heavie afflictions as coming from god , he calls them ver● . judgements , intima●ing thereby , that his precious and peculiar people , how upright and innocent soever , as to men ; yet , they are guiltie before god , the righteous judge ; and that they mu●● acknowledge , when ●hey ●ist th●mse●ves in his sight , that what ever they suffe● is the fruit of their own doings , and that by their provocations they have procured these things , and rewarded all these evils unto their own soul , by not walking worthy of him , nor befo●e him to all pleasing . if his people , by their multiplied and manifold sins , did not extort ( if i may say so ) strokes our of his hand , he , who doth not a●●lict willingly , nor grieve the children of men , but hath pleasure in the prosperitie of this people , would not so often take the rod in his hand , or would soon cast it into the ●ire ; for he doth not love to lash beyond necessitie ; and therefore , when he hath performed his whole work upon mount zion , he casts the rod into the fire , and punisheth the fruit of the stout heart of his and his peoples enemies , and the glory of their high looks . the saints you know , brethren , how graciows and grown so ever , they are but children , and therefore must be under chastisment : the best of them are given to many childish toyes , and not a few of them , in whom the root of the matter may be , yea will be found , are so far from abideing wit● god in their callings , and from adorning the doctrine of god the saviour , that so men , by seing their good works , may glorifie their father , which is in heaven , that there is a groffnesse in their way , their iniquitie is of●en found upon the skirts of their garmen●s , and their spots are so unlike the spots of the people of god , and persons made partakers of the divine nature , that because of these mouths of enemies are opened to blaspheme the name of god , and reproach the blessed profession : but seting thsee aside , alas ! how doe they , who escape such grosse pollutions , yet often trifle in the matter of communion with god ? how formal and luke-warme in their addresses ; so that he who seeks the heart , and will be worshiped in spirit and truth , misseth their soul , in their service ? how seldome ar● they in heaven ? how little dwelling upon the thoughts of jesus christ , and the great s●lvation purchased by him , on purpose to have him precious in the soul 's esteme , and endeared according to his infinit preferablenesse to all other things , unto the heart ? how few serious designes ? and how little solide endeavour to be like him , and to have every thought of the heart brought in captivitie to his obedience ? how little meditation upon the glory to be revealed , till the heart be ravished , and transported into admiration a● it 's inconceiveable greatnesse and in●init goodnesse ? how seldome in soliloquies wi●h him ? whence alas ! it comes to passe , that men , having , through carnalitie of converse with other things , disframed their heart for dueties do not pray and jest with the same seriousnesse , but there is more of their soul in a vaine sport , then in prayer , which when rightly performed , is the pouring out of the h●art to god , and the wringing of the mans suit●s thorow his soul , carrying the af●ections the●eof with it . nay , what of desire and love to the world , and the things ther●of ? what lusting and longing after the things of this life ? what stretching ( even to the dislocation of the soul , and putting it out of case , for a converse with god , wherein the soul of religion lieth ) what grasping to get a grip of these things , which when got hold of , can neither be held , nor make happie ; what wrestling ? what strugling ? what striveing , to get on a load of thick clay ? whereby the soul of him , who is thus loaded , is put out of case often for following hard after god , and so runing as he may obtain ? how are they often swallowed up in the cares of this life ? with what complacency do they frequently sinck themselves , in the dunghil of this world , into the inconsideration and oblivion of the other world , and their eternal interest ? how are they hurried with their passions ? how puffed up with pride ? how un mortified to the delights of the sons of men ? how irregular in their motions , which shewes the irreligiousnesse of their mindings ? alas ! their love and hatred ( which gives the best account of a christian ) do seldome run in the right channel , or are rarely terminat upon the proper objects ; or when it falls so out , that their face is in the right airth ; yet , how slow is their motion , in following their look ? how languid are their pantings ? what lifelesnesse ? what ●istlesnesse appeares in their pursuings ? yea , how quickly do they sit up , or turne aside out of the way of following the lord fully ? but who can reckon these things up in order ? alas ! that which is wanting , to fill up the just import of exercising our selves to godlinesse , cannot be numbered ! and therefore , seing these things are to be found with his people , must he not visite their transgressions with the rod , and their iniquities wi●h stripes , and that because he will not take his loveing kindenesse from them , nor su●●er his ●aithfulnesse to ●ail : it is needful , that they be often in the fire , for burning-away their drosse , and in the water for washing off their defilements ; yea their propension to depart from him , and to pollute themselves in the pudle , preacheth , in order to the prevention of this , the necessitie of keeping this people all wayes under ●od , though not alwayes under the stroke of it : for then the spi●its should fail before him , and the souls that he had made . con●ider therefore , deare f●iends , the procureing cause of this deep distresse , and if we be impartial in the search , we will finde an accursed thing with us , and this will provoke us to do the greatest haste first , which is , the taking vengeance o● our own inventions against him ; & impose the necessiti● upon us to turne away from the evil of our wayes , that he may turne f●om the fiercnesse of his anger : let us , even in the midst of our trouble , rise up above the thoughts , and conside●ation of lower agents , and instruments of our suffering , which are the devil and the world , who are his tru●●ees , & acted by him , in the work of persecution r●v . . . ( for it is not su●eable for saints nor safe for them to dwell long there ) and take a view of our own guilt , that our being punished as our congregations have heard , may preach unto us the doctrine of the evil of sin , and make us in stead of our woe 's me 's for other things , cry out , woe uuto us that we have sinned ? our not walking as became the gospel , if thought upon , will put us in the paenitents posture , ( and surely he is out of his posture this day , who is not in that posture , and till we be in it ; in vain do we exspect , to heare him say that word , as ye were ) which is a looking unto him whom we have pierced , and a weeping : and it is in order to the produceing of these noble , and necessare effects● that there is a must be for judgement it's beginning at the house of god. i cannot in these few pages , fol●ow this matter at any length ; but● let this abrupt hint put you to the work of searching , and exercise of godly sorrow ; and to make this work both profitable to you , and pleasant to him , be not jealous of his love , because of what he hath laid upon your loins ; for in all this rough-like dealing & seeming severitie , bowells of tender mercies earne over you , in these agonies : love , though the noise and sound of it's feet be not heard , because of the noise of the enemy , doth both walk and work , in these your sufferings : as man● as i love i rebuke and chasten , is the word of him , who is love it self , to them , whom he most dea●ly loveth : the principle and the period of all his proc●dour is love , even when he lasheth ; for this is written on every lash , i love so well as i will not lose , i love so well as i must embrace ; & therefore , by purgeing i must put the beloved partie in case to embrace and be emb●aced : i purpose to dwell in them , and to let them know by my familiaritie , how much i delight in them ; and therefore i must cleanse them , from all these idols , and all the filthinesses , which seperat betwixt me and them● in a word , as in the jeweler's shope and work house , there lies , besides the rough diamonds , the choicest jewels , and richest rings , his cutting iro●s , files , and other sharpe pointed instrumeuts , under which they must all passe , & whereby ●hey must be polished ; so , in this life , where he is melting his gold , to cleanse it , from its drosse , and making up his jewels , to the end their beaut●e may be perfect ; yea , that they may shine in the be●●ties of holinesse , they must be under his cu●tings , his carvings and the point of his sharpest inst●uments : whosoever shall be a crown of glory in the hand of the lord and a royal diadem in the hand of thei● god , must passe under the purgings and polishings of his hand : th●●e are none whom he minds to make pillars in his temple to go no more forth , but he works for the self ●ame thing , by making them passe under his polishing instruments , that so they may be made to shine as the sun in the firmament , and put in case to see god , when made l●ke him : but besides that his purpose of having them in his company for ever , pu●s him to be at the pains of making them meet , even by the ●h●ngs that they suffer , ( as the mean which he graciously & wisely useth and ordereth for that end ) to be partakers of the inheritance of the s●i●ts in light : as is cleare , comparing coloss. : . vvith . he minds to be familiar vvith them here al●o , and admit them sometime vvhile in the vvay , & in the vvildernesse , to eat manna , and to feast thei● souls in the begun fuitions of god ; and therefore to commend & endeare this life unto them , he makes the vvorld mingle a cup of gall & vvorm vvood , & put it in their hand , & hold it to their head , he beats them off from the vvorld , that vvould vvrong them , in into his ovvn bo●ome ; o blessed repose ! the place indeed , vvhere the vvearie finde both rest and refreshing . but here i must be abrupt , and leave the matter to be dilated and dwelt upon by you in yo●● meditation : onely let me say , that the serious minding of these things would not onely prove a happie diversion , and prevent the fretings of your mind , by an unprofitable poreing upon your fiery af●liction ; but , it would be the certain way to give you meat out of this eater● your mind would not onely be keep 't from being grangrened into impatience , and galled with the load which lies upon your loins ; but you would be made glade and comforted over all yo●r sorrowes , & sufferings , by beholding the end of the lord , & the gracious designe he is driveing about you , which is , to make you up for ever , by b●ing ●●us undone : and to order these light afflictions , which are but for a moment , so , as th●y shall work for you a far more exceeding , & eternal weight of glory . this is that wheel wi●hi● all ●●ese wheels ; & this is his purpose towards you , the thoughts of whose heart take place in all generations : these things are upon his heart , & he cannot misse what he aimes at ; & therefore you cannot be miserable , amidst all the miseries you suffer from them , who cast iniquitie upon you , & in wrath ha●e you : nay therefore you cannot misse to be happy , amidst all these , he hath blessed you , & you shall be so . but , deare friends , besides this general consideration of your sin , & mine , which is necessary for our profiting by every touch of his hand , suffer me to sugg●st the necessity of a particu●ar enquiry ; for when ever the lord doth pursue a church or a land , wi●h such a church-desolating , & land-destroying stroke , as we have been under , these so many yeers ( thou●h wickednesse & violence , in this assault upon you , is come to such a prodigious height , as it is a surprise & matter of astonishment to all who look on ; nay i am perswaded , if no● many yeers ago , it had been told these who have given the o●ders , that they would do what now ●h●y bo●h do & defend , they would have given h●zaels answer ) he is then particularly pointing at some high and p●blick provocation , which his soul hates , wherein that church & nation is involved , and wh●reby th●y have made themselves deeply guiltie : there is some accursed thing amongst that people , & church , when he breaks down what he had built , & gives up the dearely beloved of his soul , into the hand of her en●mies : ( which is our present condition ) and when it is thus , it is high time to awake out of sleep , & to consider , ●hat this is ; & to enquire , and accomplish a diligent search for finding that out , for which his anger is fallen upon them , lest god both search out the iniquitie of that people , till he finde none ; & search out the iniquity of their refusing to search , & then sweep them away , as a generation of his wrath , & seperat them for evil , as those in whom his soul hath no pleasure : nay , that which will certainly make a generation , a generation of his wrath , & cause him heap misch●ifs upon them , & spend his arrowes upo● them , is , when after such a fire is kindl●d , as threat●ns the consumption of all , with its flame , men are not awakened to enquire , what meaneth the heat of this great anger ? o , when they are so unfaithful , as either to be silent , when they see it ; or are so oraculous , in their ●inting at the guilt ( in stead of acquiting them●elves so faithfully to god , & so affectionatly to the souls of the unconcerned , as to point it forth , & be so plain , as th●y may thereby cause them to know their abominations ) as if they designed not to be understood . i grant , men may mistake in assigning causes ; and happy is that land , which ha●h these amongst them , in such a day , to whom the mou●h of the lord hath spoken , that they may d●clare it , for what the land perisheth : and yet , if we will search the scriptures , and consult the records of the church in her several periods , we will finde , that publick church-desolating judgements , had ever the guilt of that people so evidently engraven on them , as he who did run might have read i● ; so that the dispensation seemed to cry every one into the consideration of the clearly procuring provocation , and say , o generation , see the word of the lord ! when he executs the judgement writen , then he cloths his word with such a visible garment , as the man of wisdom must read his name of righteousnesse upon his rod , and the g●●lt of that people , whom he so punisheth . all of us therefore are called to a serious consideration of the caus●s of gods displeasure , drawne out to such a length . and arisen to such a height against us : what then doeth such a stroke ? what doth such a church-ruine , after such a blessed reformation ( i neither feare nor blush to call it blessed , notwithstanding of an act rescissory made to bury it , and the belchings forth of enemies against it , and all the blashphemings of that great and good work of god by the adversaries thereof ) i say what doth it say to us ? i cannot give the answer , in more proper and plaint ermes , than in the prophet jeremiah his words , chap. . where the question is proposed , v. . by all that passe by , wherefore thath the l●rd done this unto this great city ? the answer is given , v. . because they h●●e foresaken ehe covenant of the lord their god : which is ●his upon the matter ; they had made themselves monsters for sin , and god hath made them marvells for judgement , and se● up a monument to the commendation of his righteousnesse , over the ruine of these covenant●breakers : what means this sad change ; that the lord , who rejoyced over us to do us good and to multiply us , is now turned against us , as if he were rejoyceing over us to destroy us , and to bring us to nought ? oh! this his anger with such a witnesse doth give a distinct sound ! it palpably decl●res , and plainly proclaimes our defection from god , and apostasie from him , after we had bound our souls with an oath to the contrare : it is not onely because we were not answerable to our covenant-engagements , to studie holinesse in the feare of god , and walk like a people dedicat and devo●ed to him , ( though such a breach goes alwayes before , and the other followes af●er ) bu● because we dealt unfaithfully in thar covenant made for reformation in his house ; we be●ame lukewarme in the cause , & so the curse of dete●table ne●trality hath over taken us : our solemne acknowledgement of sin , and engagements to dueties , were forgotten : yea , we proceeded from one degree of unfaithfulnesse & infixed●esse in our covenant with the most high , to another , till the whole of that covenanted-work of reformation was surrendered , and put in their power , who have destroyed all , and razed and overturned the blessed foundations of that beautiful structure : and this was done , with such a hast and precipitation ; as he was looked upon as a peevish ridicule , who would have advised , in that day , to see previously to the securitie of religion , before these were put in power , who were it's known and constant enemies : and so , what ou● worthy fore-fathers ( of truely blessed memory ) by their zeal , their wisdome , their courage for god , their valient contendings for the truth , their prayers , their witnessings , their sufferings , had by the good hand of their god upon them wrought out for us , and put us in possession of , we blindly and basely abandoned all , and suffered our selves to be fooled out of the cause , and out of our faithfulnesse to christ , with a flourish or small parcel of good words . and it is for this iniquitie , that the holy and righteous lord pursues us this day : it is for this , that he doth punish us by these very hands , into whose hands we put power , to overturne his work , and left them at liberty to do so . now o generation , see the word of the lord. it is not my purpose here● to give an account of the several steps of our defection , or to draw the lineaments of it's black visage : that is an undertaking above my pen and parts : let the lord , with whom is the residu● of the spirit , finde out and furnish some for it : and o that for my interest in the defection , and my accession to the cause of gods contending this day with poor s●otland , i may ob●ain mercy to go mourning to my grave ! this may be cried out upon as treason : well ; if the mentioning of the land 's treacherous dealing with god be called treason , all my apologie is , that that makes the necessitie of doing it double , and indispensible dutie : let me be a traitor , if that be treason : but i know this may be particularly bogled at , and abom●nat , as if it were the reviving and raking againe out of the ashes , wherein they were burnt , and by the burners designed for ever to lye buried , of the causes of wrath : i need say little as to this ; but that the causes of wrath need neither my patrociny , nor apologie ; they carry alongst their own s●d aud certain evidence with them : and i judge many , who did not then see so far , as these seers did , who drew them up , and mourned before the lord , under the conviction of the gu●lt therein held forth , have since been convinced to their cost , that the secret of the lord was with these his servants , and that they stood in his counsel : and if any of them be ●ot , they may be ere all bedone . o the burning of the covenant in england and the causes of wrath in scotland , shall certainly be followed , with a fire and siercenesse of indignation , as shall make authors , actors , abettors , and rejoycers thereat , know what it is , to give such an open defiance to the almighty . a covenant burnt , and burnt by authority , in the sight of heaven , with such hell-black solemnities , where the great god is altera pars contrahens , for reformation of religion accord●ng to his word , and righteounesse in walking before him , is such a sin , as may make every soul to tremble , at the fore-thoughts of what god will do , for vindicating his glory from that contempt thereby cast upon him . my present businesse is not to addresse my self by way of testimony , or representation to them , who have done such horrid things : onely i wish , that the burning of that city into ashes , where that covenant was burnt , together with that non-such plague , and war , may make them take warning , ere it be too late , who did this wickednesse : for alas ! all that is come , will be forgotten , when the wrath and vengeance that is yet coming shall be execute and mentioned . o england , england , i feare , i feare thy wo hasteneth ! the wrath of god is upon the wing against thee . both for breach of covenant , and wipeing thy mouth , as if thou hadst done nothing amisse ! thou hast stood and seen thy brothers day : alas for thy day , when others shall stand aloof from thee , for feare of sharing in thy judgements ! o how unexamplified must the plagues be , wherewith they shall be pursued , whose wickednesse hath such a singularitie of hainousnesse in it , on the ground of the righteousness and veracity of god! the burning of a covenant made with god , is a sin , which i believe never had precedent or parallel ; and i also believe , that the terrible tempest of the wrath of god , falling from heaven , and following this guilt , shall for ever fright men , from following their steps , who for this shall be made spectacles of his displeasure , and documents to the coming of christ , what a dreadful and fearful thing it is , for men , taken red-hand in this wickednesse , to fall into the hands of the living god! and as for burning the causes of wrath , i grant that wickednesse hath a perfect parallel but of a tremenduous consequence , in ●ehojakim's practice , recorded jer. . . where that ungodly king ( of unhappy memory ) upon his apprehended restitution to freedom , and deliverie from the judgem●nt of god , pursuing him for his wickednesse , is so grated with the prophets faithfulnesse , as he burnt the causes of wrath : now let it be taken notice of , how the anger of the lord burnt against this bold burner : see his burial and epitaph ier. . . . but more particularly , see how for this very consumating wickednesse , he , and his posteritie for ever , are deprived from crown and scepter ier. . . chro . his b●othe● zedekiah , it is true , was made king for a time ; but he also continued to do evil in the ●ight of the lord , and broke the covenant of god ( though he burnt it not ) and then , the lord sweeped that race , for these rebellions against him , together with the throne , off the face of the earth : thus the burning of the causes of wrath , and the breach of god's covenant , brought down the fire of the wrath of god from heaven , which consumed with its flame these , who had dared the almighty after such a manner . as the kingdome of israel was put to a period and perished , because of hosheah his breach of covenant ; so the throne of iudah was riding post the last stage to ruine , when it came to the breaking of covenant , and burning of the causes of wrath : god would beare with them no longer ; but for adding this evil to all the other evils they had done in his sight , he overturned that throne of iniquity , and cast them out of his sight for ever : but , my friends , that which we are called to mind , in this day of our visitation , is , seriously to recollect our thoughts , and remember , what was our frame , in the day , when these things were carried on , and done before our eyes , what were our feares for the work of god ; what were our cares , and solicitousnesse about the preservation of that precious interest . i judge , you will allow me to say it to you , that it might have been expected from the west of scotland , in a particular manner , that they would have given some evidences , of a peculiar concernednesse in the interest of christ , and for the preservation of our pure and blessed reformation , purged from the plague of usurping erastianisme , and its wretched brat● abjured episcopacy . l●r us call ourselves to the remembrance of our carriage , in that day : were we frighted at the dismal appea●ances of these dangers , wherewith the work of god was thre●tned , by i●carce●ating some of the most eminently faithful and useful instruments in that work ? or were we wakened out of our dreame of halcyon dayes of liberty , &c. when the blood of these wor hies was shed ? where are the evid●nces of our love and loyaltie to jesus christ ? are they extant ? are they u●on record ? can we say in this day , w●en we are as broken in the place of dragons , and cove●ed as with the shadow of death , that we did neither deal faintly nor falsely in ●i● covenant ? alas ! what can we say ? what should we say ? shame and confusion of face belong to u●● a blushing silence will be a fit expression , for a stupiditie , which we cannot sufficiently lament by words , nor make language of : we were in that day under such an universal distraction , a● both did presage and procure the desolations of this day : we were fooled into such a frolick , as in th●se irreligious transports , we never remembered there was an interest of christ to be seen to , or secured in the first place , till we saw it was irrecoverably lost : and now , god is righteous , in l●shing us by these very hands , into which we put power to destroy that , which we were bound to have preserved , with the loss of all things , life it self not excepted . o for the spirit of repen●ance to be poured out upon all of us that rem●in ! for , if we were weeping upon him for pardon , taking vengeance on our own inventions , and wre●tling with him by prayer , and supplication ; if we were much upon our knees before him , when we are fallen into the hands of these , from whom we are no able to rise up , our enemies should not stand long upon their feet , who now trod under foot his preciou● interests and people ; for a saint is a hercules in genu ; that foot o● p●ide come against us should soon slip , if the slippings of our own feet , and backeslidings were mourn●d over . secondly , my deare friends let me beseech you , vvithout being mistaken , as if ●t l●ed to the griefe of ●hose , whom he hath wounded , seriously to reflect on your frame , and carriage afterward ; and let us consider , whether we walked mournfully before the lord , and endeavoured to make our sorrow swel to a just proportion , with the growing desolation of the san●tuary , and the growing defection and grievous apostasie of the nation from our covenant , and solemne engagements to god : for , of whom and from whom might this have been exspected , if not of us ? we saw the blood of these precious saints and martyrs of jesus shed : vve savv the frame of our government dissolved and overturned : vve savv an act res●issory ( the vvickednesse vvhereof reached heaven : ) vve savv abominable and abjured episcopacy re-established by lavv , and the faithful ministers of christ driven from their flocks : thus vve savv iericho rebuilt ; and so the nation became a curse , being so deeply and so deliberatly involved into the guilt of open , ovvned , avouched , and by lavv established , perjurie : novv vvhat did vve in rhe mean time ? alas vve had not the spirit of the day in its day ! vve carried not as knovving the times and vvhat the israel of god ought to have done : but for all that vvas yet acted and done , satan had not driven our apostasie from god the full length he intended ; and therefore he still drove on ; and remembring vvel hovv he had been put to flee often seven vvayes , before the flameing zeal , and holy fervour of these vvorthies , vvho had wrestled that poor church into a state of freedom , from an exotick hardship , and the base bondage of prelacy ; and hovv it had come to that amongst us , tha● jesus christ vvas ovvned by all the authoritie in the nation , as sole and absolute soveraigne in his own house , and hovv his throne● crovvn and scepter had been secured unto him , and that prerogative , onely competent to the son of god , setled upon him by lavv ; vvhich vvas a national declaration , emi●ted in the sight of the vvorld , of this import , let him who built the house beare the glory : let him sit and rule upon his throne : satan , i say , envying that blessed settlement , vvhich he had found so hurtful to his kingdom of darknesse , and vvhich vvas the crovvn of that poor church , vvhose reformation in this vvas beyond all the churches of christ i knovv upon the earth ( though now alas ! we may take up this lamentation over our selves , the crown is fallen ●rom our head , w●e unto us , for we have sinned ) to the end the mountain of zion might once for all be desolat , and the foxes , wi●h every beast of prey , be at liberty to walk upon it , prompted men , h●ving once set them a going in a course of defection , to run to such a height of opposition to the lord 's anointed , as never since man was up●n the earth , was there such a supremacy f●amed into a law , whereby name and ●hing of all k●ngly power is plainly , and explicitly taken from , and exto●ted out of the hand of ou● blessed lo●d jesus christ , and g●ven unto , and setled upon the king : ( o dangerous and unsetl●ng setlement ! ) no● the incommunicable prerogative of him , who is king in sion and whos 's right it is , to give lawes to rul● his own church and house , is alieanat , and appended to the imperial ●rown of t●e nation ; and it is now declared for ever , to be its inherent right , to dispose of , and do in all church matters , as our king in his royal wisdom shall think fit : the most manifest , u●m●sked , high , and horrid usurpation of t●e throne of christ , that ever the world saw : an● th● most down righ● contradiction to that declared decree psal. . that ever was framed or cast in●o the mo●ld of a law , or emitted to the view of men . nay , let any m●n of judgemen● r●ad our supremacy and that psalme , and he must say one of two ; that either thi● supre●acy is m●ant of ch●ist , ( tho●gh his name be not in it , as was above noted ) seing it com●rehend● all that church-powe● , and a●cribs it unto some one person , without a competitor , which onely belongs to him , whose throne is set in zion , by an everlasting decree : for his is the kingdom , his is th● p●wer , a●d his is the glory ; or he must confes●e , that it is the most pure , pe●fect , and unpa●alleled contradiction to that decree , that ever the world saw : neither do i remember any thing ●o like it , in sense and sound , as what is recorded by the holy ghost is● . : v. , . to have been the language of the heart of the king of babylon : thou hast said in thy heart ( saith the h : ghost ) i will ascend into heaven : i will ex●lt my throne above the stars of god : i will sit also upon the mount of the congregation , in the sides of the north : i will ascend above the heights of the clouds : i will be like the most high : it was certainly a very congruous and happie notion to come into a hea●hen's head , that whosoever set● his throne in th● mount of the cong●egation , and sits supreme in the sides of the north , wh●ch is the citie of th● great king , who hath there setled his throne , and set the ornament of his beautie in majestie amongst his subjects , should also ascend above the height o● the clo●ds , and be like the most high ; but it was an unhappie mist●ke in him , to think he would set himself down in that chair o● state , and si● upon that ro●al throne : but to curb this insolent , and to cure him of this ma●nesse , the lo●d s●t him some where else ; and therefore it is added , with an emphasis , declarative of his high indignation against the pride of that petulant babylonian v. . yet shall thou be ●rought down ●o hell to the sides of the pit : and thus his majestie bec●me a mocking stock , and the nation● are brought-in insulting over him and singing in derision : how art thou ●allen from h●aven , o lucifer , &c. o its impossible he can sit long , who sets himself down upon the mediators throne ! for , the arme of iehovah , shall snatch and hurrie him thence ; and h● must catch a ●ore ●all , whom the great god throwes down , in his indignation ! be wise now ther●fore , o ye kings , & c● is a necessar caution here . but to my purpose : you and i saw all this perpetrat in our sight ; we saw also what wayes & methods were taken to slatter or force us into some compliance wi●h this usurpation : how did we behave , while we beheld this idol of jealousy and abomination set in the holy place ? did our eye affect our heart , to see our blessed lord jesus put to more open shame , in our land , then ever he had been put to in the earth ? to see the exalted prince messiah so formally divested , and spoiled of his sole soveraigni●i● , and tha● b● that very power , and principally by these very persons , who had sworn fidelitie , subjection and loyalty to our lord jesus christ as king in his own house : whose alone it is to give lawes to his church , yea to give the law to kings , as church-members , if they have that honour to be members of his church● now , when this iniquitie reached unto heaven , were the rendings of the cauls of our hearts heard also in heaven , because of the hainousnesse of this high wickednesse ? did we tremble at the thoughts of what the zeal of the lord , for the establishment of the mediators throne , would doe , against the nation and church , where this wickednesse had been done , and christ so dealt with ? what stiring up of one another to mourne together and apart , was there , when now the glory was departed ? were we ashamed to be seen without the teare in our eye ? yea or vvith our heads upon us , vvhen the crovvn vvas taken from our master's head ? or had vve no use for them but , that they might keep● tvvo eyes in them , to mourne ? or did our carriage witnesse we were willing to lay them down , and lose them , as a testimony against the wrong done to our master ? alas had we neither teares , nor blood to bestow upon such an honourable cause and quarrel ? let me tell you , m● deare friends , that as i see cause of wondering and weeping over my own stupiditie , who was so little affected with such a heart-melting sight , and can attribut it to nothing , but want of a proportioned zeal , that i did not either die of griefe , or onely lived by choice , to lame●t the departing of the glory ; so , i cannot forebeare to tell you ( and now is the proper time for you to think-on it , and be touched with it ) that i beheld the strange unconcernednesse of many amongst you , in that day , with amazement : will you not blush to remember that the parliament of england , though for the most part highly erastian , were yet so surprised at the sight of our supremncy , being then apprehensive of a designe to introduce popery amongst them , as they no sooner saw it , but they perceived that scotland , by their newly moulded supremacy , so prodigious for size and shape , had not onely impowered his majestie for doing that , but more also ; if so be , he in his royal wisdom saw it fit ? this i say , together with that act , for having so many thousand men ready to m●rch at his majesties call , into any part of his dominions , did much startle tha● parliament . but what did you in the meantime ? alas ! it was observed , particularly of not a few amongst you ( i do not charge all , nay nor any person in particular , let eve●y on reflect●on himself ) that never was there , more graspeing after the world , never more eagernesse to build your own houses , than in that day , when before your eyes , the house of your god was taken in possession , together with an unbrotherly unconcernednesse , in the sufferings of such , who were most active in testifieing against ●his wickednesse , and counteracting its de●igne : and , my friends , i must be this far plain with you , that as with much greife of soul , i then beheld this amongst you ; so , i then said it , and often have said it and thought it since , that , for that your carriage , in such a dismal day , when we should all have been crying , and what wilt thou doe for thy great name ? and such a manifest leaving of your first love , if god should bring an enemy from the riseing of the sun , to punish the west of scotl●nd with a witnesse , they should smart , for what had been observed amongst them , in that hour : he should so order the matter , as , escape who would , they should not : but the judgement of god , which begins at his own house , should either land and light there , or lye and rest there : my deare brethren , mistake not the designe of this plain dealing , i dar not daub with untempered mortar , because i would not have you dally in the m●tter of repentance : i may say , my record is in heaven , that i have not allowed my self , to be at ease ; since you were in trouble : let me speake therefore to you , in ●he words of the holy ghost : heare ye the rod , and who hath appointed it : learn to understand the language of this dispensation , which if you doe , your finger will ce●tainly be upon this sore ; and your eye toward the alone remedy ; so shall you comply with his noble designe , and blesse him eternally for what hath befallen you . but thirdly , beloved sufferers for christ , as a further proof , i have not mentioned these things , on purpose you should be grieved , and have sor●ow upon sorrow , suffer me to adde . that , as i had often been made sad , by that nnconcernednesse in the matters of god , and in the sufferings of your brethren , observed with much sorrow and regret amongst you● unanswerable to the kindenesse of your youth , and the love of your espousals ; so , i was refre●hed , upon your behalfe , and comforted to heare , that there was a begun reviveing , for some time , observed amongst you , and that now at the last , your care of , and concernednesse in the precious interests of christ , began to flourish againe ; and some thing of old life and lustre began to appeare , before this enemy broke-in upon you● and that he who had been ri●eing prosperously , in many places of the land , going forth conquering souls , to a compliance with the blessed besigne of the gospel ( which is to crown the conquered ) was returning , to give you a new visite , and to make you ●avourie , as in the dayes of old : but more particularly , what ever be the wickednesse of men , and your innocency as to them , that our blessed lord jesus hath graciously condescended to take a great testimony at once , from his old friends and followers in the west of scotland : he would not put such a discredit and discountenance upon you● as to have you behinde other parts of the land , in filling up that , which is behinde of the a●●lictions o● christ , in your sufferings for his names sake , & the noble interest of his crown . o now happie and honourable favourits of so glorious a king ! would you have wish●d , that the delivery of scotland should have gone before this your distresse ? and that it should have been your reproach , that you had been last in bringing home the king , and had suffered least for his sake ? but now he hath rolled away your reproach , and enrolled you amongst the honourable company of his witnesses : o! what would you think to heare the mediator make such a report of you in heaven ( for his commendation makes beleevers and su●ferers f●mous there ) as this ? now , what was lacking of a full and faithful testimony , what was wanting in witnessing a good confession , amongst my disciples and friends in t●e west of scotland , is supplied , with full measure , heaped up shaken together , and runing over : they have not onely given , and given cheerfully , but the very poor amongst them have given as kings unto god , because they have given him themselves , and their little all. o my friends , if you knew what report he is making of your suffering in heaven , in stead of sincking into a despondency , you would be in hazard to be di●tracted with joy ! however , now brethren rejoyce , and now be glade , in as much as he hath coun●ed you worthy to suffer for his sake ? he hath set ● crown and garland upon your head , which is not set on the head of every one , whom he yet crowns with loving kindnesse , and tender me●cies , and which is denied to many , who will yet get the immortal crown . to you it is now given ` ( o blessed be the giver , and happy are the receivers ! ) not onely to believe on him , but also to suffer for his sake : to you it is given , not onely to lodge him in your house , and heart ; but , because you have done so , you are honoured to have your ho●ses taken in possession by others ; and your bodies , which are temples of the goly ghost , trod upon and abused by such , who , while they have the faces of men , have the fashions of devils . but , deare friends , you are not so much debased and humbled , when you lay your bodies as the mire , and as the street to those that go over , and when men does the equivalent of rideing over your head ; as you are highly honoured , and exalted : you are not so much hurt , what ever harme they have done you● as you are made happie . remember whose these words are ( which contain in them a noble cordial for you and an excellent remedie ; swallow it down , and it will both seeke to the sore , and make an inward jubilee in your soul ) blessed are they who are persecuted for righteousnesse sake ; for theirs is the kingdom of heaven : look upward you may , and laugh : look upward● that you may be in case to look all your trouble out of countenance : look u●ward , and see who is looking downward , and his heart in his eye , on purpose , to take notice of all that is done to you for his sake : their very hard speeches shall be remembered , none of your sorrowes , nor sufferings escape his observation ; but he takes notice of all these , on purpose to comfort you over them , and support you under th●m : many a poor man amongst you durst never have evened himself ●o this degree and height of honour , as either to have been drive● out of his hut , or little hole-house , or to have been oppressed in it , & that upon ●o noble an account , as it shall be recorded in heaven , & reckoned , as his testimonie against the usurpation of the mediators throne : this is so great an honour , i ●ay , and a thing of so noble an import , as many a poor man dar not suffer himself , to believe it for joy : he dare not allow himself to think , that his name , who had so little to lose , will be enrolled amongst the company of confessors : but doe not wrong his love , nor rob thy self of the rich con●olation , he allowes upon thee : for if thou hast lost but a hair ●or him , if one of these have f●llen , or hath been plucked from thy head , let be thy old ble●●onnet , he will both reco●d it , & reward it : he will not onely remember , who have taken joyfully the spoiling of their goods ; but who , when they had nothing of their own to lose , had compassion upon them who were spoiled , & became companions , by choice , of them who were so used : you cannot without blushing thi●k upon the value he will put upon your suffering : & how ( if i may say so ) he will magn●fie your poor mite , which you are ashamed to mention . can you think , without a kinde of pleasant confusion , of the warme & wonderful welcome , you will get in the other world ; when you shall be advanced to reigne with him , & heare him speake these words to you , you are they who have continued with me in my tentations , & i appoint unto you a kingdom , as my father hath appointed unto me , that you may eat and drink at my table , in my kingdom , & judge them , who now judge & cond●mne you : you are the poor company , who were not ashamed to be put to shame for my ●ake ; & therefo●e i will not be ashamed of you ; but i will confesse you before my father and before his angels : you are they they who have witnessed your love and loyaltie to me , & your zeal for my crown and scepter , when your rulers , as incensed against me , did by their law un-king me , & in persecuting of you crucified me againe ; come , you shall enter into my joy , you sh●ll fit with me upon my throne , & to the everlasting confusion of these my enemies , who would not that i should reigne over them , they shall not onely see you crowned ; but crowned upon the account of what they put you to suf●er : yea , in the day when they shall be sisted before my tribunal , sentenced & shut out of my sight for ever , ●hey shall have this added to make their shame unspeakeable , they shall not onely see you glorified with me , when i am set upon the throne of my glory ; but sitting also as my assess●rs to judge these your proud persecuters , & saying amen to the righteousnesse of my sentence : all their savage severi●ies , & all your sorrowes & sufferings , will come in remembrance in that day , to be accordingly rewarded : not onely shall you , much honoured gentlemen , who , in testimony , that you dare not concurre in this opposition to christ , & give it under your hand to obstruct ●he coming of his kingdom , by subscribing such bonds , as tests of your loyalti● to men , which would bring upon your soul , the crime of les●e majesti● ; and conclude you guil●ie of disloyaltie against the lord's anointed , ( for which noble opposition to that course of iniqu●tie , some of you are shu● up in prison● others are denounced ) not onely shall you have all your losses made up , by that far more exceeding and eternal weight of glory : o the eternal weight , and the infinit worth of that glory , to which , all the sufferings of thi● life are not worthy to be compared ! o how much is the inheritance of the saints in light , and that hope laid up for you in heaven , above your houses & inheritances ●nd lands , which you have ventured to lose for him ! but you tenants also , yea the poorest co●tar likewise , who hath sufferred any thing for him , sh●ll have no lower reward , than the confessors crown , that crown of glory , that fadeth ●o● away : he will no● on●ly take no●ice of all the horrid plunderings , of all the ba●barous and inhumane beatings , woundings and unheard of insolencis , of these savage saracens , who have been made use of against you ; but of all your sore hea●ts , of all your smothered sighs , ( for he does not hide his eare at his peoples breathing , when the ene●y cuts o●● their life in ●he dungeon , and casts a stone upon them ) of all your overwhelming greifs , and teares shed , not so much beca●se that the enemie had entered ●nto your houses , and ●aten up your bread ; as because they had robb●d you of the gospel , caused your solemne and sweee● as●embl●es to cease , and did not suf●er your bread for your soul to come into the house of the lo●d : for though the ●o●d had given you the bread of adversitie , and the water of af●liction ; yet , if the ●ospel had been left you , if your teachers had not been removed into corners , if your eyes had seen these , and if you did still heare the joyful found , & had acces●e to be made glade in his house of prayer , it would have comforted you , over all these things you have suffered : but it is for being robbed of the bread of life you weep , the desolation of the mountain of zion makes your eyes dim : and will he hold his peace at such teares ? will he not heare the voice of such weeping ? nay all your wanderings are marked , and all your teares , if there were but one that had trickled down from your eye , aswell as your blood is regairded : thou tellest my wandering , ( said that persecuted man ) thou putest my teares ( the word is my teare , to shew , that not one drop falls by ; and that if it were but one , it is keeped and well keeped ) in thy bottle : he doth in great tendernesse towards you , keep all the teares you weep in his bottle , that in due time , he may poure them out to you , in the wine of strong consolation . his eye hath seen , who have been made to suffer these things from the enemies of humanitie , aswell as christianitie , which i forbeare to mention by their proper names , as not knowing ( if i should ) how to comfort those , who have suffered such things , leaving that to him vvho can , and vvho vvill . he hath taken notice of all the thefts committed amongst you , the least brat of old cloths , that hath been stollen from you , or stript off you , hath not escaped his observation ; this is marked by him , and marked on purpose , that he may in place thereof cloth you with rich and glorious robs , and classe you in that beautiful company rev. . of whom it is said , these are they who came out of great tribulation &c. you are novv princes in pilg●ims weeds , because , under your rags , lies hide a tittle to the glorious crown ; but in that day your rags will be taken away , and you vvill appeare illustrious princes indeed : nay the beatings , yea , outragious boastings , and threatenings of the poorest lad or lasse , shall not be forgotten , it had been better for them who gave the orders , & put them in execution , that a milston had been hanged about their neck , and they cast into the midst of the sea ; than thus to have handled one of his little ones , upon such an account : nay , the weeping of poor little children , for want of food ( while the mothers milk was dried up , or was as poison ) their pale faces , pat●ly with feare , partly with famine , shall be remembred , as a part of your ●estimonie , and that which shall certainly fill up the cup of these amorites . but vvhat should i say ? beloved sufferers , right honourable nobles , ( if any of your names be found in that rol , ●d found out of the roll of the banders , for now , it is not many noble , and the more the shame , and pitie ; but if there be but one o● two of that tribe , the more noble ) much honoured and happi● gentlem●n , who to m●k● it appeare you have first given your own selves unto the lord , would not prig with him , a●out your hou●es , your inheritances , nor your lands ; but carried as at a point to par● with h●s th●ng for him , which you had received from him , as having but little pleasure to be poss●ssed of any thing , after he vvas dispossessed by law of his house , & heritage ; [ o wicked and vain attempt ! their hands shall not be able to performe their interprise , but the counsel of these frowards , who will wrestle with him , to wring the scepter out of his hand , shall be carried head long : hath he said it , and will he not doe it ? hath he purposed it , and shall it not come to passe ? ] and you tennants , vvho are turned out of all , and put in the condition of beggars ( o rich and to be ambition at beggarie ! ) yea you poor labourers and servants , who have parted with your all ; and it may be , you thought it to little . ( for vvhen love to christ gives , it is so liberal and open handed , as it gives all : it first gives the heart to him , and then the house and goods for him , & hath a kinde of sorrow it hath no more to give ; & therefore at last , to fill up the measure the giver throwes in himself , and that with a blush , to be made use of in doing and suffering for god ) and therefore did it , vvith a kinde of sh●me , and regrete , you had no more to lose for him : be assured , he vvill not forget this your wo●k and labour of love , shevved for his names sake : nay , be assured , he vvill repay it with an inconceivable over-plus of everlasting advantage : feare not , little flock it is the fathers good pleasure , to give you the kingdom , are the words of your lord and master : o! hovv great is your revvard in heaven ! it exceeds both your faith & your fansie , both your imagination and expectation , in the dimensions of infinit goodnesse , and eternal endureance ! o! hovv great is that goodnesse ; vvhich he hath laid up for you , ( vvhere theeves cannot break thorow nor steale ; nay , it is above the rage of men or loose handed devils to reach it ) who now have been helped to give such a proof , that he , who alone is to be feared , is your feare and your dread ; and which he hath wrought for you , who have witness●d before the sons of men , that you can follow him , whither soever he goeth , and that where the king is there will you be , whether in life or in death , and trust him with all your concerns , when exposed to the worst that the violence of the vilest of men can make you suffer . what should i say ? he hath pronounced you blessed , who makes you so , amidst all your miseries ; and therefore blessed you must be , and shall be ; so that you have no more to say , but be it unto thy suffering servants according to thy word ; neither have i , but amen and amen . now , deare brethren , though your not having keep , as became you , the word of his patience hath provoked him , not to keep you from this hour of temptation , which is come upon you ; yet , how hath he both multiplied to pardon , and magnified his grace , even while he punished , in keeping you in it ? and as the observation of your former way occasioned great feares on your behalfe , lest there should have been a further defection ; so , when it was seen and p●t beyond all debate ( though no man would suffer himself to believe , that ever such a thing , which had no colour of reason to cover the barbaritie of it's rage , would be put in execution ; lest an easie credulitie of what was not to be beleeved , till rage had quite extinguished reason , should have argued a weaknesse unworthie of a man : for to have said they are men , who rule , though stated enemies to the wayes of god , might have secured a person against the feares of such a course ) that this evil was determined against you , wherein religion and reason had the defiance at once , in the resolution of your ruines : i judge , there were never moe payers put up to god , on the behalfe of a partie in the land , then there were for you , that you might be keept in this hour of temptation , & strengthened with all might , according to his glorious power , & helped without fearing the wrath of those , whose furie was armed with all the force of the nation , and to be execute by the most formidable and barbarous instruments , to stand it out , and to endure as seeing him who is invisible . and now , in that god hath not turned away these prayers , nor his mercy from you : but hath stood by you , helped you , held your hand , with held you from that bond of disloyaltie to christ , strengthened you , and keept you from the snare laid for you , and this grin of these workers of iniquitie : for this gift , i say , bestowed upon you , by the means of m●ny persons , thanks also are given unto god , by many , on your behalfe : and this aboundance of heart-establishing , and hand-strengthening grace , bestowed upon you , by the thanksgiveings of many , redounds to the glory of god : deare bre●hren , you are now in a manner become our joy and crown : this eminent exercise of your faith and patience , in that , while cr●shed by these cruel men , you have carried , as not being moved by any of these things , which have be fallen you ; but as knowing you are appointed thereun●o hath comforted your brethren over you , in all your a●●liction and distresse : and your stand●ng fast in the lord , hath put many , who stood in doubt of you , lest the temper by this means should have tempted you , and turned you aside to a compliance with the crooked wayes of these workers of iniquitie , who shall be led forth with all that ●oine with them , to condigne punishment , ( but what that shall be is unutterable : ) hereby , i say , your friends , the favou●ers of the dust of zion , are put to a new di●●icultie on your behalfe ; for his doing for you , above what they could ask or think : now , this is the echo of their pulse : o what thanks , can we render again to god for these , who ha●● been thus helped to glorifie him , by standing and withstanding in this evil day ! and for all the joy , where with we joy for their sakes , before ou● god : yea , what gladnesse , what glorying is there amongst the saints for your patience , and fai●h● in all your persecutions , and tribulations that you endure ? but now , deare brethren , to the end that you may hold on , and hold out , and so be more than conquerours , through him that hath loved you , let me put you in mind you have not yet done , although you have been helped to doe much , by suffering much ; yet , there is a much behinde to be done , and suffered : having therefore taken joyfully the spoiling of your goods , and carried as knowing in your selves , that in heaven , you have a better and an enduring substance . now consider , that you have yet need of patience ; for you see , that the enemies teeth i● hereby set on edge to teare you , they are still eager in the pursuite : there is need of patience , i say therefore , that after you have done the will of god ( which hath been by a suffering of his will in this juncture ) you may receive the promise . now take unto you the whole armour of god , that you may be able , having done all these noble things , to stand : stand therefore , as resolved through grace , and in the power of his might , to keep your grou●d , and to withstand , that you lose not the things , which you have wrought , and let not go a victory so neer gained . read over r●v . . and see , how that after michael and his angels have encountred the dragon and his blake legions ( and i must say , however these who marched against you were called , a glorious host , i doubt , if ever there were legions , who more compleatly were clothed in satans livery , and it was very suteable , since there was never a company of men gathered together , since man was upon the earth , wherein the quarrel was so formally stated against the prince michael ) and have overcome by the blood of the lamb , &c. a victory , in kinde and qualit●● , much like yours : now take notice , that the devil thus cast down , even while he casts them down , that with stood him ; and thus defeat in the death of those , who loved not their lives unto the death , studies a revenge , and comes down having great wrath : be su●e the●efore , he will endeavour to be avenged upon you , for the broken head got , at this bout : he will make war upon you , and mannage it with all the fo●ce and ●urie he can , yea wi●h all the fraud and hellish s●ratagems ( whereof yet i am most afraid ) against that remnant● by whose keeping the commandment of god , and holding fast the testimony of jesus christ , he finds hi●self cast down . he hath had great wrath , against a poor feeble company , these many years , by whom , after he had hurried all the representatives of the nation , into this di●ch of dread●ul defection , & a●ostasie & carried them the length , of that heaven-daring act of supremacy , he found him●e●f resisted : all the homage he got by this apostasie did avail him nothing , so long : as these base-l●ke and beggarly mordecaies did not onely not bow the knee to him ; but resisted him , and wi●hstood him ; and by their runing to and fro , he found the knowledge of god ( hi● great eye-sore ) encreased , his old nests herried , his ordinary haunts invaded , and these da●ke de●s , wherein he had dwelt without disturbance , taken in ●ossession ; and his old servants and slave● vindicat into the glorious liberty of the sons of god. seeing himself at such a loss , & that by a company of un doughts , as they are judged ; yea nothings ( the fittest things for this opposed christ to work by , and the fittest ●ime too ; for by his reigning and conquering thus , and by these noble and notable inroads he makes upon satans ●erritories , he proves himself the captain of salvation , and that king who is in zion , against whom there is no rising up , against whom there is neither counsel nor strength , and so no prevailing ; however exautorat by ou● law , & that law put in execution by all the methods and strength , that they who f●amed the law can enforce it by ) he is more incensed : and as to you , my deare friends o● the we●t o● scotland more particula●ly , suffer me to say , that he seems to have devised that this storme should have first fallen upon you , not onely because of old long-syne ; but , as ho●ing , that now , after so much ease you have had , while others were in trouble , and some rema●kable abatemen of that zeal , which sometime was observed to be amongst you , ( o let never such a sight be again seen● ) he would finde you unprepared to stand it out , and withstand such a furious assault ; and so , by your fainting and being ●oiled , he expected , that all the rest of your brethren should have been either frighted into the like compliances , with this course of defection , and have been made to couch as asses between the burdens ; or their resistance , when relinqu●shed by you , to be but feeble at best , and at last such as would end in their own ruine . but now , being so far disappointed , in finding that you have been helped , not with a little help , but with a great help ; and that you have been enabl●d through grace , to shake your selves , as at other times ; and that the lord hath stood by you , while ●uch a lion was let loose upon you ; and hath strengthened you , and helped you , ●o aquite your selves , in this conflict , as the good souldiers of jesus christ , he hath now more wrath against you , than ever : how doth he now meditat revenge ? how doth he now grin and gnash his teeth upon you ? when having stretched out his hand against you , as nothing doubting of the victory , he finds himself foiled , and made to draw in a stump . you may expect then , to meet with all that the gates of hell can do to u●do you : therefore , be upon your guard : you may expect to be attacqued upon all quarters , now battered with fury , then underminded b● fraud , be sober therefore , be v●gilant , for this roaring lyon is walking about , seeking how he may devour you : whom resist stedfast in the faith : and to the end he may get no advantage again●t you , see that you carry as not ignorant of his devices , beware of his wiles , beware of his smoothnesse ; for when he speakes you fairest , then there are seven abominati●ns in his heart : be sure where ever you watch , or what ever you do , to double your gairds at this passe ; for it may be , you shall be yet assaulted at this post● and be in greatest hazard , to be put out of your posture by his smooth insinuations : and in order to your resistance , and standing it out● both against the wiles of the divil , and against his open wrath , let me drop these things , and bring them to your mind . first , let me beseech you to consid●r , what your treasure is , and see to the securing of that , in the right ●and and the right place : for if that be safe , an● well laid up , all is well : you may then su●fer and sing , we will not feare what fleshe in do unto us i need not t●ll you that your treasure is yo●r precious and immortal so●● and that you have nothing wo●th keeping , nay , n●thing that is truely tenable , or that can be keep 't , but that , for it is christ's own account , who knew the worth of souls , what hath a man profited saith he , if he should gaine the whole world and lose his own soul ? and the words added , or what can a man give in exchange for his soul ? are resolveable in this other question , wh●●● ha●h a man lost , if he should lose the whole world , and save his own s●ul ? o what can be gaine , where ●he ●ainer is eternally lost ? or what can be loss , where the loser is saved , and for ever made up ! nor need i tell you , that it is for this precious treasure , that loose handed devils ●unt ; and to the end your enemy may get hold of this , and run away with it , he hou●ds●out such emissaries , as you have had to deale with , that you may be hurried , by their ho●rid savagenesse , into a solicitousnesse , how to preserve some things out of their grips , till he run away with his prey , while you are noised into an oblivion of your g●ea● interest . nor need i te●l you , that the alone way to secure this your treasure , is , to commit the keeping of it to jesus christ : for when it is in his hand and custodie it i● so sure , as no ma● , no devil , can pluck it out ; for he is stronger then all : ye see that in a day of fiery trial , and when judgement must begin at the house of god , and when there is a must be of suff●ring according to his will for all that would do his will , this is the happie advice given , and alone expedient that will answer the end propounded pet. . last , wherefore ( saith he ) let them who suffer according to the will of god commit the keeping of their soul to him in well-doi●g , i. e. in doing these very thin●s , for which they suffer all these evils of affliction ; for that is particularly the present well doing according to his will , and so often as the doing of his will may infer danger , let this act of commiting the soul to him be renewed● that so his will may only be done , and his way keept , with a holy undauntednesse of courage , in the day of mo●t desperat danger o! bu● the soul is safe that is committed unto him : we can●ot pos●esse our souls in patie●ce● while we keep them in our own possession in such a day● because , we cannot secure them ; but then are they truely our own , when we have given them away to him to keep● and we may then possesse them in patience , when they are in his possession ; this made the apostle tim. . . enjoy a sweet serenitie in a very stormy day , the perswasion of his being faithfull to his trust , and able to keep that , which he had committed ●nto him , fo●●ified his soul against all feare of what could befall him , in following the lord , and hardened him , into a holy misregaird and contempt of the shame of the crosse. therefore● deare brethren , let this be the greatest hast with you , and the first hast too ; for he will do nothing ●or a man , nor undertake to concerne h●mself in him , or his affairs , till he have committed his soul to hi● in the first place : and when you have done this , and to the end you may in this warfare attend upon the lord without distraction , commit all beside to him , that you would have safe : if a man love any thing , then the onely way to keep it , from being lost , is to put it into his hand ; fo● he not onely keeps all their bones , who entrust him with their persons , that none of them are broken ; ( when he intends not a greater good to them by the contrare ) but the very hairs of their head are numbe●ed , and not one of them can be touched , or fall to the ground without him . therefore having trusted him with your soul , which is your treasure , trust him with all your other li●tle ●ri●●les too : he will take it ill , if you doe other wise : and if it be good for you , to have these preserved , he will keep them , even to your old shoes : the angel will not let p●●er lose his sandals , or leave them behinde him , in the prison : put your wives , your children , your estats , your names , and reputation , yea , whatsoever is deare un●o you , in his hand ; and all is safe . o but that person may be secure , ami●st the b●i●te●ous blasts of affliction , and the tempestuous rowlings of the raging seas of trouble , whose p●rson and estate is insured in the insureance chamber of heaven ? sure , he who hath com●●tt●d all to him may slee● sweetly , ( because he is safe ) amidst all dangers ; since the peace of god ( flowing from , a●d fol●owing such a commitment ) which passet● all understanding , gaird● the h●●●t and mind , through christ ●esus . secondl● , when you have thus committed all ●o● would have to his keeping , to the end , you may keep his way , when assault●d by adver●aries , and carry with that gallantry , which becomes th● sou●diers of the captain of salvation● make use of your allowed strength and furniture : for you are no● called to this wa●fa●e on your own ch●rges : the king beares all the cost ; so that you have a bro●d boord to take a sufficiency of supply for all wants and weaknesse off : and the●efo●e you are not so much to consider what you ha●e or want in your selves , in o●der to you● t●orow bear●ng , a●d what you can do or endure , in order to the obtaining of the vict●●y ; ●s what he will ●e ●o ●ou , in that hour , and do for you ; and accordin● to this re●ko●ing you m●y say , wh●n we are weake th●n are we strong : and when we can do not●ing , ye● we can do all things , and endure all things , through christ stre●gthening , or putting power in us : and we may reckon also upon the victory ; you even you , little ones , have overcome them , ( sa●●h he ) b●c●u●e s●ronger is he tha● is in you , then he that i● in the world : be stron● ther●fo●e in the lord and in the power of his might : lay in store of suffering graces , put on the whole armour of god ( saith the apos●le ) that you may be able to stand : he hath prepared that armour for you , and it is proof , and he orders you to put it on , and t●e●efore he doubles the exhor●ation , take unto you there●ore the whole armour of god , th●t you m●● be able t● st●●d i● t●e evil day , and having done all to stand . i shall not insist on the particulars ; but leave that known place ephes. . to your meditation : onely see well to these three c●r●in●● g●aces as ever you would look for the conquerours crown : first , see well to ●our faith● a●o●e a●l ( saith he ) taking the shield of faith : i cannot here hint the universal usefulne●●e of fai●h , in th●s wa●f●re ; nor how it st●●ls the soul with so much stoutnesse ; as it can m●ke a person look the very king of terrours out of countenance , with a fearlesse mis●e●a●rd : in god i hav● pu● m● trust ( said that holy man , in a very des●erat danger ; and then he adds ) i will not fe●re what flesh can do unto mee faith not onely sees that , thorow all darke and di●mal appearances , which is of infinit value above all sufferings ; but , as it interesteth the ●oul in that grea● goo●nesse , it prompts with a holy fortitude , and with a peremptorinesse of resolution and courage forceth its passage , in order to possession , thorow devils , dangers , and death i●●elf : but consider particularly , how faith is a shield , that you may use it as such , ( o bles●ed be he eternally , though your ene●ies can take your , old rusty swords , they cannot spoil you of ●our faith , and ●o they cannot conquer you : for this is the victory whereby you over come the world , even your faith ! ) now faith is a shield , and a shield of salvation , because it interposeth god and his omnipotent power to protect , betwixt the man and all that oppose him● and whatsoever would hurt him : when david is put to flee from the face of ungodly saul and his court grandees , and hides himself in the cave p● . : . — my soul trusteth in thee ( saith he ) yea in the shadow of thy wings will i make my refuge , till these calamities be overpast . o when there is nothing standing up between god and the soul , and god stands up between it and all that would harme it , but the man is safe ! this blessed shield , it both beares the man who bears it , and it beats back all the blowes of adversaries , so as by a rebound their sword enters into their own heart : he knew of what use this was to a soul , who said — i have prayed that thy faith fa●l no● : and the pe●son to whom this was said , having got a dangerous fall , and having been shamefully foiled , through the failing of his faith , yet being by grace recovered , gives this advice to ●●e●e who ●ould stand , when the devil is assaulting them on all hands : pet. : , . whom r●sist sted●ast in th● faith : and when he is thus resisted● he flees : he sees , it s in vain to t●r●w his fiery da●ts at him , who can make use of this shield : hold up thy shield , and satan canno● hold up his face ; but will flee : why ? because , as god hath in mercy and love engaged himself to the soul● to stand by it , and with his omnipotent strength support it in the evil day ; so faith laies hold on his promise , and takes him at his word ; and thus interposeth an omnipotent god , betwixt it and all enemies , and then he stretches out his right hand against the wrath of an en●aged enemy● hence amongst the rest of the great things a●cribed to faith heb. . these are not the least v. , . who through faith subdued kingdomes — stopped the mouths of lions , quenched the violence of fire , escaped the edge of the sword , ou● of weakenes●● were made strong , waxtd v●liant in fight : turned to flight the armies of the aliens : in a word , he that makes use of thi● shield is safe , and compleatly sheltered , with the saving strength of the right hand of an omnipotent go● : and shall be made to sing , when all his enemies , that compassed him about as bees , buzing and burning in their hatred , are quenched , as the fire of thornes ; the right hand of the lord hath done valiantly , the right hand of the lord is exalted , the right hand of the lord hath done valiantly . o what a compleat securitie is this shield , in an ill day ; and therefore , when the apostle was solicitous about the th●ssalonians , at a time , when their adversaries dealt with them , as men of the same spirit , and malice , deale with you , he saies thess. : . ●or this cause when i could for●eare no longer , i sent to know your faith : importing , that all would be well , and they would be victors , if that was well . secondly , see well to faith's companion , and that is love ; this is faiths second : or the way how faith engages and goes to action● is by affection : o love is a great champion ! it will not be boasted or bu●●e●●ed into a base deserting of the beloved , by what all the power on the earth , in a conjunction with the gates of hell can do : it hath said it , and sworne it , where ever jesus christ is , there will i be , whither in life or in death : and satan is so wise as not to assault a soul in it's warme fits , knowing well , that many waters of affliction cannot quench that flame ; but resistance will make love the more fervent , and the lover the more fervid and forward ; and therefore , to the end he may prevaile , his metho● is , how to make souls first luke-warme , by stealing away the fewel , whereby that holy fire is fed ; or by his slight , turning the current of the affections that they may ●un in another channel , than god-ward and christ-ward and heaven-ward : as knowing well hovv poor and pusilanimous crea●ures they quickly become ; vvhen their coal is cooled o● quenched , and hovv easily they are overcome and foiled , when they fall from first love : o my brethren , see to get and keep your hearts warme , worke hard in gathering fewel for loves fire . o how much is it of the concernement of every saint , to have fire burning in his bosome , in this day , when the fire of fiery tryals is burning abroad , and about him ; when enemies are in rage , and hell hot , this flame of god , this holy love , burning heaven-hot , will afford the soul true courage to resist that rage , whereby they assault and are acted . and to this purpose , it is remarkable , that the apostle iude , having written his epistle for this end alone , to excite to an earnest contending ●or the faith ; in order to a readinesse and resolutnesse to undertake this heavy work of holy contention , he onely exhorts to this one for all v. . keep your ●elves ( saith he ) in the love of god : it is is true , he mentioneth faith in the foregoing verse , but it is as relating to this love , and as that which furnisheth fewel to its fire : and he speaks of prayer in the holy ghost also , as that , which blowes away the ashes , and blow●s up that fire into a holy flame : and then he subjoines hope , as that , which poures oile upon the fire , and makes the soul ●horowly candent . and this leads me in the third place , to say , see to your hope also : when ever you get an allarm , or are called to the conflict , call ●or your helmet , and clap it on your h●ad , and claspe it well , and so , the head being gairded , the heart is much withou● feare : while love to ch●ist makes a man venture upon swiming thorow the salt sea , in following of him : and faith is his skill in svvimeing , and the strength of his armes ; so , when the waters goe over his head , hope is the cork that keeps his head above , till he swime safe to the other shore , and thorow all the seas betwixt him and heaven . and therefore , the psalmist , perceiving himself ready to sink , saith , why art thou cast down o my soul ? hope thou in god , &c. o how vvell will this helmet of lively hope guard the head , against all the da●ts shot from the fury of enraged adversaries , and likevvise against all their fraud and flattery ( for these are the two deadly enemies hope hath to deale with ) by raiseing the soul into a contemp● of what the vvorld can offer , from the noble and none such expectation it hath laid up in heaven ! nay , this grace is of so much use to the saints as the apostle saith , we are saved by hope : now therefore make use of your hope , yea , hold fast the re●oycing thereof firme unto the end , and it shall prove to you a helmet of salvation indeed : it 's exercise is , to raise up the desponding soul above all dark and dismal appearances , and to strengthen faith ; and therefore we are said , in hope to believe against hope . novv , deare friends , having interjected these few things of many , with a necessitat briefnesse , and blunt abruptnesse : let me returne , to where i left : viz. resolve for suffering and feare none of these things which you shall , or can suffer : onely feare to offend your god , and grieve your blessed guide : onely feare that feareful and great name , which these men , who would put you in feare , have taken in vain : feare god , and then you need feare nothing else : for he , even he alone is to be feared : you may be bold as lions , whose blessednesse is both heightn●d and hastened by the worst the world can do unto you , because you feare him : let th●t bl●ssed feare of god gaird you against that base feare of man , vvhich even bringeth a snare : oh the want of this ●hich hath been amongst us , hath rendered us unfit for this holy vvar , vvherein vve should have plaid the men , for our god , and the glorious concerns of his crovvn and kingdom ! o vvhen vvill our heart some hardie & resolute putting ● to our hand to his vvork , in the face of the greatest hazard , prove , that he hath put his feare in our hearts ? for this feare not onely ●urnisheth with reason against the feare of frail fecklesse man , ●ho cannot when he hath done what he can reach his hand beyond the grave : and therefore our blessed lord jesus ch●ist , a●gueing his disciples , whom he sent out to preach the gospel , into an holy courage , when persecute by the rage of kings & councels for preaching ( which is this day our case : o when will he shorten these dayes for the elects sake ? ) he doth it by this argument mat. : . and luk. . . — b● not afraid of them that kill the body and ●fter that , have no more that they can doe : ( o blessed be he for that cannot ; and for this also that these upright ones , whom they for this persecute , shall have dominion over their persecuters in the morning ! ) but i will forewarne you whom you shall feare , fear him , which after he hath killed , hath power to cast into hell . yea i say , unto you feare him : but as it furnished with reasons , it fortifieth also , with rich and refreshing supplies : for it hath the goodnesse of god asvvel as the greatnesse of his terrible majesty , for its object : and hereby is the hart emboldened , and the hand strengthened to struggle with whatsoever di●●iculties and danger : now th●refore , my friends , to make it appeare , that god in making you new creatures , hath made you men of other mettal , and spirit , then the men of the world and cast you into an other mould ; whereas their transgressions say plainly vvith in the heart of every man ( vvho hath not the heart of a bea●t ) that there is no feare of god before their eyes ; so , let your feare of him , and your feare because of that to comply vvith their wicked lawes , which they have made , make it appeare , you have set the lord alwayes before you : let vvhat ever you doe or say , vvhen called to a compliance vvith the presen● course of iniquitie , have this plain import , and practical sense , how can we doe this great evil , and sin against god ? he is a great god , and he is a good god , and he is our god , and therefore we dare not , we can●ot , we will not offend him , to please our persecuters . but , deare friends , what have you to feare in following him ? give it a name if you can , that the names of sweetnesse , and salvatio● , which are in him ( and as his name is , so is he ) answering the name of what ever you have to feare , may make it a nothing ; or if it be any thing , such a thing , as he changeth its very nature and quality , and makes pay the toll and tribute of good to you . do you feare , they will lash you with their tongues , which are as arrowes shot out , and load you with reproaches ? remember then , whose words these are : if you be reproached for the name of christ , h●ppie are you : you may not onely despise this shame , but weare it as your crown , and humbly b●●ast of such a cognizance of your love and loyaltie to christ : because the reason , adduced by the holy ghost , doth put the happinesse of such beyond debate : for , saith he , the spirit of glory and of god resteth upon you : as the spi●it of satan and of shame rage●h in these reproachers ; s● the spirit of glory and of god resteth upon you . are you afraid that b●sid●s ●hese lashings you shall also be put to lose , for his sake ? but why are you affraid of an ●f an impossi●ilitie ? if god h●th said it cannot be , it shall not be : why do you give it a being in your im●gination to to●ment your selves ? or why are you not rather afraid , to lose the hundred fold in this life , even with persecution , and then that eternal life , and that immortal crown , which is ●nsured , by the unfailing faithfulnesse of god , to such losers ( ●f i may abuse langu●ge , in cal●ling so great gainers , losers ) in the other life ? for if you s●ffer with him y●u shall reigne with him : what ; will you be frighted out of the way , because of ●he manifold temptations , and troubles you are exposed unto , by kee●ing of it ? no : let t●is fortifie against that frighting feare , that as you are partakers of the su●●ering , so shall you be of the con●olation : you ought rather to feare , to rob and deprive your selves , in a day , when su●h favours are a dealing , of that ground of rejoycing , that a pa●ticipation of the sufferings of christ affords : o happie and blessed pa●ticipants of his sufferings ! for , wh●n his glory shall be revealed , you also shall be made glade with exceeding ●oy : o how cordial ! o how corroborating is such an expectation ? it will m●ke the expectant rejoice , with ●oy unspe●k●ble and full of glory : this is heaven ( in all the he●ls of trouble , on this side of heaven ) antidated : for , this is to be pa●takers already ( as the apostle'● phrase is ) of the glory to be revealed . do you feare su●●ering , for that very cause , which he h●●h no● onely so often owned ; but for owning of which , your blessed lord and master died , as a m●rtyr ? or are you not rather afraid , ( i hope you are ) that when jesus chr●st sh●ll come to judgement , and sit on the throne of his glory , and bring forth scotland's coven●nt made wi●h him , to be ●ound amongst those , whose sentence is sealed under their own hand ; for their sin is open , and gone before hand to judgement ? o dreadful may the expect●tion of the hearts of every man of them be , in ●hat day , who have had hand in tha● hainous wickednesse , when the act rescissorie shall be brought forth , and laid besides that covenant ; and the question put to these pannels , trembling before the tribunal of christ ; is this the performance of ●our oaths , vowes , and covenant-engagements to me ? are you not afraid in that day to be classed ( if but for the least compliance ) amongst t●ose , who shall be found guiltie of l●sae-majestie against the son of god ? against him , who then shall judge them ? will there be a soul at that appearance , who dare avouch his having had a hand , in framing such a mische●fe as our supremacy into a law ? or would it not rather be terrible to you , to think , that living in such a time , you should not have witnessed ag●inst these high and hainous wickednesses ? would you want the share of the commendation , and the glorious reward , that shall be given his witnesses ? what if you should weep , yea and die in prisons ? besides , that there you may enjoy the glorious libertie of the sons of god , and be feasted in your fetters , with the fruition of himself , and have your darke dungeons hung ( if i may say so ) with the very arras of heaven , which is the presence of god , that can make these nastie and noisome holes , wherein you are as buried alive , preferable in●ompa●ably to all the palaces of those , who persecute you . o there is no comparison ! ●esides this , i say which is the hundred fold ten thousand times told , out of these your prisons , you shall be brought to reigne , and have all your teares wiped away , and your prison rags taken off , and your rich robs , wherein for ever you shall reign , put on . nay , what if you should be slaine for the word of god , and put to swime in to eternitie , in a sea of your own blood ; what have you to feare ? though i walk thorow the valley of the shadow of death , i will feare no ill , ( saith the psalmist ) for thou art with me o the presence of god with you , in that hour , will make it a sweet and short passage ! would you not rather choise ( if you durst make a choice ) to enter eternitie , at this passage , and go , and take up your place , amongst the souls of your brethren under the altar , there to cry with them , how long , o lord god holy and true , &c. than , to be found , in the croud and company of these kings , captains , and councellours , &c. who shall be made to cry to the mountains , and to the rocks , to fall on them , and hide them , from the face of him that sitteth upon the throne , and from the wrath of the lamb ? o the wrath of the lamb , in that day , falling upon those his now stated , and stout-hearted enemies , will make them change their note ! the haughtie mockers at the prerogative of this exalted prince jesus , who then shall judge these jesters , the menacer● of his subjects , and the persecuters of his saints , for not complying with their god-dishonouring , christ-dethroning courses , and contrivances , shall then know what it is , to have lif●ed up their head against heaven , and their heel against his poor people , whom they trod under foot ! o the yelloch , that will be amongst kings , and captains , and counsellours , when he shall speake to them in his wrath , and vex them in his sore displeasure , for having said ( and essayed it too ) let us burst their b●nds asunder , &c. i shall not here trouble you , with the observation of the tremenduous ●udgements of god , whereby some , that have been active in these cursed courses , have been hurried out of the world ; nor with an account of the anguish and agonies , under which others of them , have died ; nor yet of the ra●e testimonies , which some , who obtained mercy and grace to repent , gave against this wicked course , wherein they had concurred , and for that cause , which they had persecuted : though he , who regairds not these works of the lord , nor considers these operations of his hand , hath and bewrayeth sad symptoms of blindnesse and obduration : neither shall i here further then hint , to the end you may , for your establishment , take notie● of it , how wickednesse hath abounded amongst , and had a dominion over those , who have broken his covenant : as if , all former restraints being taken off , he had said , henceforth my spirit shall no more strive with them : for , alas iniquitie of all sorts ha●h so abounded● since the nations enacted revolt from god ; as the way of the generalitie ( o that they , whose feet go down to death , and whose steps take hold on hell , may consider it , and be reclaimed ! ) if the word of the lord be true , that without holiness● no man shall see the lord ; and that heaven is such a place , as there shall in no wise enter therein any thing that defileth , neither whosoever worketh abomination &c. hath everlasting seclusion from the presence of his glory , written on it ; so that he who would be saved , must save himself from this generation , who rejoyce to do evil , and delight in the frowardnesse of the wicked . since we broke our covenant made with god , binding us to nothing , but an abiding with him , and walking before him , in our respective capacities ; satan hath got leave , to open very sluce of hell , and drown brittan with such a deludge of profanitie , that the multitude ( yea and they who are chiefe in these rebellions against god , are chiefe in all these other provocations ) are carried down the current , swiming , and singing , in this impure pudle of all impietie against god , never considering , that this streame will at last sweep them down , and swallow them up , in the lake of fire and brimston : all these put together may make you feare , to fall in with their way , le●t you fall with them , in the hands of the living god. if they cannot give you securitie against this , and that is impossible ; for the redemption of their own soul must cease for ever , if they both cease not to go on , and sorrow not for what they have done : feare you not therefore their fear ; onely feare to forsake god , as you would not be forsaken of him : nay , let your fortitude in refusing their bl●ke ●onds , whereby , as the binder binds himself to an opposition to christ , and the coming of his kingd●me ; so 〈◊〉 binds over himself to the curse of a broken covenant , either fright them , into a forbearance , or put them under the dreadful apprehensions of what they may expect , for opposing his christ , persecuting the gospel , and using his servants so , who dare not , in running with them to these excesses of wickednesse , run upon the bosses of the almightie his backler ; but rather did choise to suffer any thing , that they might be found upright and innocent from these great transgressions , and so escape that w●●th of the living god , wh●rewith all the contrivers , all the pressers of these bonds of iniquitie , all the persecuters for not complying with that decreed wickednesse , all the pleaders for it , all the pal●iaters of this impietie , all the instruments made use of to help foreward the affliction of his poor people , for their refusal , all the rejoycers at his peoples calamitie , and connivers at these courses ; yea , and all who according to their place , station , and as they are called , do not faithfully witnesse against this course of iniquitie , shall be certainly pursued , if repentance prevent it not , overtaken , and so perish eternally : there is no law-borrowes against the written vengeance , for the pe●sons of these practices . but , that which i would more particularly point at , to forti●ie your hearts against the feare of what you may be put to suffer , even though it should come to the laying down of your lives , is , the refreshful and reviving remembrance of his great goodnesse to them , who went before you : you need not , in order to your establishment , run so far backward as to the records and experiences of former generations ; but i may say , as you have heard , so have you seen , in the ci●ie of our god : call to remembrance what you have been witnesses to , what not a few of you have seen with joy , and all of you have heard with gladnesse ; yea , your enemies have beheld it with confusion of ●ace , shame , griefe , and astonishment : to wit , that singular heart solacing and shining presence of god , under which these your martyred brethren were , at their death . it was evident , he did not so much leave them , into the hands of them who hated them , to take away their lives ; as , because he was so well pleased with their zealous fervour , their fidelitie and fixednesse in his way , ( which made them , in testimony of their love to him , not to love their lives unto the death ) he therefore brought them forth , to crown them , in the sight of these who killed them , and in that crucified their master againe ; while they with a keen crueltie killed , he crowned with loving kindnesse , and kissed their souls out of them ; kepped them , as they fell ; carried them off the scaffold in embraces , to present them to his father and set the martyrs crown upon their head . i ●eed no● insist in a matter so manifest , as it is beyond the hidings or denyings of those , who put them to death , and hath also caused so many thanksgiving unto god amongst the saints ; so that i may aske you , what do you feare ? do you feare fruition ? do you feare that they who cast you in the fiery furnace , shall see the son of god walking with you in the midst of the flames ? do you feare , to be seen made more then conquerours through him who hath loved you ? do you feare , that when the incensed world hath yoked a fiery chariot for you , to cary out of the world , that the world , who hate you and hurry you thus off the stage , shall see the king come , and pave the bottome thereof for you with love ? do you feare , that while they stretch out their hand against you , to take away your life , he manifest his love , in putting his left hand under your head , and in embracing you with his right ? do you feare , that while your blood is shed , he give convincing significations to all that look on , of his she ding abroad his love in your heart , and that your blood is precious in his sight ? are these things to be feared , which have been the ambition of many righteous men ; yea , and a piece of so great honour , as they durst scarce even themselves to a sharing in it ? or , hath he deserted one of all the sufferers ? see , if you can say it : why then are you daunted with danger ? why do you doubt , but he who hath glorified his name in others , will glorifie it again , in you ? nay , did he not most signally defeat the expectation of adv●rsaries , and out-do the hope of his poor servants , by the remarkablenesse of his assistances , given to some , who were looked upon as such weake wriglings , as they could no● stand it out ? but how by standing by them , and strengthning them , did he still the enemy and avenger ? and how did he , by the marvellous supporting of his grace , perfect praise out of the mouth of such babes and sucklings ? i may appeale to the conscience of any present at these executions , who savoure the things of god , and saw , under what a shining presence , and with what joy u●speakeable and full of glory , these dying men went out of the world , and these murthered martyrs mounted their triumphant charriot , if they would not , at that time , upon assu●ance to be carried off the stage , under the same sun-shine and sweetnesse , have left all they had in this world , and gone with gladenesse in their company , in to the other world ? if any one of all that now glorified company , had been deserted , you might be discouraged , and shrink away , and say , what is our strength that we should hope ? but , since everlasting armes underneath have been so visibly seen supporting every one , whom he called to suffer , it saith nothing , if it say not this , ●eare none of those things which you shall suffer : for my grace shall be sufficient for y●u : and my strength shall be made perfect in your weakenesse . therefore , be not affraid , but approach your duetie with humble confidence and courage , even when death it self is in the way and you shall ●inde it with you , as it was with the priests , be●ore whom jordan recoiled not , till their feet were within the brink . waite for your assistances , and supports in the hour of confl●ct , and in that very hour● it shall be given you : and you put in case to say , when we are weake , ●hen are we strong . and , to compleat this account , and make it appeare , that the most daring and desperat enemy cannot ease his own soul , by giving one instance to the contrair : i can not here passe the death of mr mi●chel : which the lord hath so excellently ordered , both as to time and circumstances ; for , whereas they , who put him to death , did hope , to give thereby a da●h to the people o● god , at this time , and by their severitie exercised upon him , to make them shrink , into a fearefull compliance , with their iniquous contrivances ; but , the supporting presence of god with him was such , as no man needs for feare to forsake the way of the lord , because of what befell him : i mentione not here the cause , but leave the world to the account himself hath given thereof , with what his advocats had to plead , on his behalfe : and shall onely , without making a parallel , or instituting a comparison between the two , allude to samson's death , in this execution : not , that i m●y take occasion , to tell the world , that he who was aimed at may passe any day in the yeer , for a lord amongst the uncircumcised philistims : for , that is no newes ; nay the world may judge , i do these lords wrong , and him too , in not associating him with — but first , sampson was a rackel and rough-handed saint , ready to pe●t the philistims , upon all occasions : yet secondly , the holy ghost for all the faults that followed him hath recorded his name , and enrolled him , in th● number ( even while the names of many other are left out ) of these eminent worthies , h●b . . and so , he hath made the name of mr mitchell savovrie ; and as he tooke many testimonies from him at all his appearances , to the cause ; so he owned him in the end , and hono●red him to die , witnessing a good confession , which will be on record to pos●eritie● thirdly , as sampson did more mische●fe to the enemies of the people of god , at his death , than in all his life , ( for when they sent for him to make themselves mirry with a sight of his misery , the lord helped him to spil ●heir sport ) so i judge , it is beyond question , with every sober man , that mr mitchells death hath done more hurt to it's contrivers , and furious drivers , than ever his l●fe could have done , even , though he had shot againe , and hit that un hallowed marke : for , now , where as he hath died desired they who drove it , have , in breathing out their crueltie against him , brought an indelible infamy upon themselves , and ent●iled upon their posteritie a reproach , never to be rolled away ! yea , they have missed their marke so far , in hiting him ; as , i suppose , the most confident scoffer , amongst all those , who promised them selves matter of mirth , by his death , and some thing , on which they might breake their jest , will be more loath , to heare mr mitchels death mentioned , than the death of any of those worthies , that went before him ; lest , concerning themselves , it also be remembered , how — and thus , was that prediction fulfilled , with a witnesse , contrary to the mind of him , who , in saying so , did both mock and menace at once , that god did glorifie himself by mr mithels death in the grasse market : yea , glorifie himself he did , and glory to him for having done so . is not this then brethren , heart-comforting and hand strengthening that , all who went off the stage , thus died , under these refreshing manifestations , and ravishments of spirit ; as their enjoyments would be the measure of mens desires , for their own soul , as they were the measure of the desires of these dying martyrs , for all the people of god ; for , what could they wish more , or seek more , on the behalfe of these ; but , o that it were with them , in all things as it is with us , except , as to this scaffold ! which yet to us , while under these manifestations , is preferable to all the thrones of the earth , and the pharadises and plea●ures , wherein they live , who put us to death ? nay , so marvellous was the presence of god , with these his dying witnesses , as i doubt nothing ; but , some of the enemies , who looked on , and had a hand in sheding that innocent blood , have said with themselves since , o , let me die the death of th●se righteous men , and let my latter end be like theirs ! and i much doubt , when death shall look the greatest desperado amongst them , in the face , and he finds himself , ready to be dragged before the judgement seat of christ , if the question were asked him , whether he would have his soul now gathered , with the souls of these suffere●s ? or , with their souls , who shall be brought in before the tribunal , with their fingers droping with the blood of those , whom they killed upon such an account , that he would be at any demurre what to choise ? feare not then to follow , deare brethren , since you see , how honourably the charges of all , that have gone before you , have been borne : you have the same good god , the same christ , the same spirit , the same cause , the same covenanted strength : have therefore the same confidence and courage : as they did , so doe you carry , as in nothing terrified , by your adversaries , which , as it was in them ; so , it will be in you , an evident token of perdition to your proud and implacable persecuters , but to you of salvation , and that of god. suffer me , ere i close , to put one drop more in this cup , to make it cooling ( and never-the-lesse cordial for that ) endeavour , deare friends , with a zealous prudence , while you are in this fire of fiery trialls , to prevent or exstinguish the wilde fire of unnecessare and hurtfull animosities amongst your selves , by the flame of fervent and true love to god , and one another : this fire will burne out the other ! you see , the enemy thrusts sore at you , that you may fall ; therefore , to the end they may misse their marke , and you may stand fast in the lord , stand close together : i shall not enlarge upon this head , onely , let me put you in mind of that notable place to this purpose , when the apostle philip. . ( after what he had said of himself v. . o for a company in case to say the like ! ) comes to persuade to a carriage , such as becometh the gospel , he pitched particularly upon this piece of a gospel-becomeing conversation , and perswads to it : that i may heare ( saith he ) — that ye stand fast in one spi●it , with one minde , striving together for the faith of the gospel , & c.. and knoweing well , how much true unitie did strengthen the saints , while put to this striving , he doth in the following cap. viz. c. . v. , , . with a mervellously sweet emphaticknesse , inculcat and commend the same thing , with such a warme varietie of heart-melting and affection-moving words and arguments , as are sufficient ( or nothing can be ) to cement , and souder into a samenesse , the souls and affections of all saints : if there be therefore , saith he ; any consolation in christ , if any comfort of love , if any fellowship of the spirit , if any bowels and mercies : fullfill ye my joy : that you be like minded , having the same love , being of one accord , of one mind : let nothing be done , through strife , or vain glory ; but in lowlinesse of mind , let each esteem other , better than themselves : now what can be said after this ? here you have union nobly qualified , and arguments powerfully quickening to pursue after it ; o fall a striving therefore , while put to strive against enemies , who shall love god and his precious interests most , and one another best : who shall be most ready to forbeare , and to beare one anothers burdens ; that so , in fulfilling this law of christ , all may the more cheerfully beare the crosse of christ : have there been amongst you animosities , contentions , jealousies , whisperings , evil surmiseings , &c. ( the more is the pitie● ) well , then now is the time , to confirme your love one towards another : now , set your selves to provoke one another , to love , and to good works : now see , if you , who have discoursed , and disputed your selves a sunder , can pray your selves together , and so meet in that blessed center : i little doubt , if your heart be heaven-hot , in praying together , in weeping before god together , in wrestleing with him together ; but you will walk after the lord together , in a sweet zealous singlenesse of frame : when your hearts have been warmely poured out together before god , a spiritual harmonie , and famenesse of soul , in working the work of the lord , will follow upon it : and if my observation do not fail , our contentions never became hot , till we were cooled and much taken off , from praying together : consider what your enemies are doing , driveing , and designing : is it not , to make you fall asunder , that you may not be able , when divided amongst your selves , to stand before them ? or to withstand them ? take that door of them , by shuting the door upon them , at which you see they designe to ente● : and that their accesse may be the more easie , they will flatter some of you , or forbeare some of you , while they fall upon others , that so they may run down , and ruine all and raze foundations at last with ease : set your selves therefore , with an onenesse of soul and shoulder , to defeat this desperat designe ; and in order to the frustrating of the projects of these peruerters of the right wayes of god , let union in the lord , amongst his servants and people , be studied , and endeavoured : let us carry in this day , as men of understanding , who know the times , and how the true israelits of god ought to behave one towards another , while the adversaries , lye in wait to prey upon our divisions : and is it sutable while they gnash upon us with their teeth , that we should bite and devour one another ? or , is it not more christian and christ-like , that while we suffer together , we smile one upon onother , and support one another ; yea , and if it should come to dying , die embraceing one another ? let therefore all unsuteable and unseasonable striving and unbrotherly and unchristian contending be prevented , or exstinguished , ere they come to a flame : for that is fatal . it is well known , how small a wedge of the same timber , driven by the policy of an enemy , especially when in power , hath made great and grievous breaches , amongst such , who once took sweet counsel together , and walked to the house of god in company : how frequently , in all ages of the church , have they carrried away many , first to a connivance , then to a compliance ( for he who is once cheated into a connivanee , is easily charmed into a compliance ) with their designes , and so rendered the opposition of the rest , who stood and withstood , lesse significant . let us therefore be wise : let us take notice of the adversaries stratagems , whose maxime is devide & impera : and in this they are so cunning , and closs ; as sometime they can personat a division amongst themselves , that they may the more certainly effectuat it , amongst us ; which , when it comes to passe , it hath ever deplorable and dismal effects : for , there is ever a sad and certain connexion observed , betwixt a dividing time in the church , and a further departure from the truth , and a hotter persecution of those , who cleave to god and his truth , with purpose of heart , but becaufe i know , the greatest pretenders to what is now pleaded for , and persuaded unto , are really the greatest enemies to that union and concord , intended by the spirit of god ; and , to the end they themselves may be applauded , in their not strivings , as becomes , for the truth ; they , of all men , are most ready to represent such as doe , as fire brands and church renders . and therefore , let none mistake what love to union , amongst all the serious servants of jesus christ , in such a day , hath caused me to drop ; as if thereby , i did intend to plead for , or perswade unto , an union , with a disadvantage to the precious truth of god , and the true interest of the gospel , or did insinuat , in order to peace and union , either an approbation of forbearance of dutie , in its proper season , or of taking such courses , as in regaird of circumstances may be construed , a compliance with the men , who have made themselves , and the nation , guiltie before god of this high transgression , to wit , of destroying what they once built , and building againe what they destroyed : what ? shall we leave any thing undone , or shall we do any thing , under what speciou● pretext soever , that may seem to say , we have said , a confederacy to such , who call us to a confederacy , after god had inst●ucted us with a strong hand , not to say so , since that confederacy will be found a conspiracy against him ? should we joine again with the persons of these abominations , and breake his covenant ? would he not be angry with us till he had consumed us ? the woe upon woe , and w●ath upon wrath which was denounced against scotland , by a great seer , and eminently faithful master-builder amongst us upon the apprehension of a relapse into a compliance with the haters of the lord and the work of reformation , whereto he preceived a propension , and saw the nation begun already to be leavened with the dreadful leaven of apostasie , is so sadly accomplished upon us , that , unlesse we be a people devoted to ruine and utter destruction , we will learne from what is past , to stand aloof● and stop our eares , at the syren-songs of those , who pipe to us , that we may dance a compliance with them , in their breach of covenant with the most high , and secure them into , a quiet possession of all , which they have taken from our blessed lord jesus christ : for , this is the substance and sense of this now pressed boud , and these newly required lawborrowe●s . o if ever there was a day , to be unite in crying , u●ite our hearts to feare that glorious and fearefull name , the lord our god ; if ever there was a day to be unite in watching , in standing fast in the faith , in quiting our selves like men , this is that day ! when these god-provoking courses are carried on , and our compliance and concurrence therein required ! o● now , when th●re is such a combination against the christ of god , such an onenesse i● opposeing his anointed , let us studie an union , in abiding with him , in owning ●im , as king , and supreme ! let us continue with him , in these temptations , and contend for him ; let us contend with one another ( for that confirms true union ) to excite to this contention : let us studie and promove onenesse in walking in the good old way , without turning aside to the right hand or to the left ; because of the lion that is in it , a●d without laying other foundations , in whole or in part , than what were laid : let us not disorder these foundations , nor pick a stone out of that beautiful fabrick , and then put our invention upon the ra●k , to forge a consistency betwixt some cessions to the adversary , old principles , and finde out a way , how to go some length with them , or how not to oppose them , while they with so high a hand overturn the work of god , and yet retain our integritie , and set off this our novel invention to our brethren , with the embrode●ie , and vermilion of u●ion ; and think , there is sufficient ground , to call all dividers , and stigmatize them as such , who will not , with us , g●ude about , to change their way , and lay as much weight upon our notions , and darke , yea benighting dist●ngoes , as we do . let us studie an onenesse in promoving the opposed work of god ( alas ! under the pretence of being unite amongst our selves , we were charmed , and chained , into a forbearance of many things , in thei● proper season , which may , and ought , to send us mourning to our grave ; and keep a clos● union , between sorrow and our soul , till death make a divorce between soul and body ) let us studie an on●nesse in endeavouring some thing , ●o signifie our sorrow and shame , for the ground which we have lost , and the advantage the adversary , by our faintings hath go● , to t●●mple upon , and triumph ove● our case : an onenesse in seeking of god a right way , by fasting and pra●er ; not daring ●o listen unto , rush upon , or receive overtours without consulting god , since the concerne is his ; and communing with our brethren , not onely equally concerned , but countenanced of god , in their endeavouring to hold fast their integritie , and hold on in the good old way . let us studiean onenesse , in remembring whence we have fallen , and in admonishing , and being content to be admonished ; lest we be hardened , through t●e deceitfulnesse of sin , into a de●en●ce of it . let us be followers of others , forsaking them in no case , nor under no pretext , in as fare , as they are followers of christ : let these be the men , whose practice we propose as a patern for imitation , whose carriage al alongs , whose constancy in the cause , whose courage in continuing at the work of the lord , when hazard did attend dutie , spoke them , to hate the way of them who turne aside : and let us not count that the making of a breach , to forsake ( for then we count without god , and have no● th● mind of christ ) any , or not to fall in with them , and follow them in that , wherein they forsake the way of god , and cease to be what they were , and begin to be , what once they were not , and to do or leave undone , what they condemned , as de●ection or de●astable neutralitie . it is a great abuse of language ( to give it the best name ) to put the name , or notion of union , upon that , which , if searched to the bottome , would make it appeare , that in this the uniters are rather dividers from the lord , than endeavourers to keep the unitie of the spirit , in the bond of peace : it was not against this union nor inconsistent with it , for paul to withstand peter to the face , when he saw , that he walked not uprightly , according to the truth of the gospel , and when his way had carried away others , into a dissimulation : if god have said , if any man draw back , may soul shall have no pleasure in him ; let never our soul enter into their secrets , who would seduce us , in to a relinquishing of the cause , or into a conniveance even at a discovered propension to that , in others : let us studie the import of the place above adduced ; to wit , a standing fast in one spirit , with one mind , striving together , for the faith of the gospel ; striving and standing up together for those things , in the faith whereof , we professed our selves ●ixed , beyond the unfixings of contrary laws , execute with all crueltie : nay , for the fai●h , which we our selves delivered to the saints , and for which , we should contend with all flesh ; though for that , we should be counted schismaticks , and men of contention , with the whole earth . there was an union amongst the disciples , when they all forsooke him and fled . o let us beware ! and have a care , lest , while we cry up and commend union amongst our selves , that , in keeping one another company , we leave not christ jesus , our lord and master , to walk alone . unitie amongst brethren is a very desireable thing : ( and the lord will require it , at his hand , who endeavours it not , in his way ) but , there is a iewel , of infinit more value , onenesse with god , and onenesse with and in the truth : and if our pursuings of the one be not minded , in it's just subordination unto● and for the promoving of the other , it loses it's intrinsick value ; and becomes a plague ; and thus , that which should have been for our welfare , is made our trap : let union amogst brethren be accounted the ring never to be broken● but let union in the truth , and with god , be coured the rubie and diamond : if this be lost , our union loseth it'● name , and changeth it's nature , and passeth with him , for a conspiracy : and so should it do with us . this ought to be our first care , yea and next care too , how to keep him company , and to continue sted●ast and immoveable , abounding in the work of the lord ; and if herein our fellovv servants desert us , or our brethren be othervvise minded , yet vve must go on , hoping and praying that god vvill reveal the same things to them , and grant them , to be like minded vvith us , according to chist jesus , if vve have attained to clearnesse in dutie : and hereby the vvay , i must say , though i hate and abhore rash courses , and i hope vvould no● stand to condemne in my self , as vvell as in others , ● runing upon , and rushing into untroden paths ; yet god hath made ou● vvay so plaine of old , as the vvay-faring man though a fool , needs not er●e in it : these are no novel●ies or notions ; these are no new and darke things , we have to contend for . is covenant keeping with god a disputable point ! is it dobtful , whether christ be absolut in his own house ! or falls it under debate , whether he is to be obeyed , rather than men ! and tr●ely , of late , the course and carriage of our enemies , so directly opposite to ●he wayes of god , hath left no place for doubting about dutie , if we be but delivered from feare of danger . if then , i say , we have attained unto clearnesse in dutie , let us shut our eyes upon all dangers , difficulties & discouragements , arising from the unclearnesse or reluctancy of brethren , yea of fathers , and hold on in our way : let us stop our eares , and become deafe to insinuations , however ●oloured , which would foreslow us , in following and serving him . if we must desert , and be deserted of others , for doing so ; o then , but the presence of god appearing with , and for them , who in such circumstances appeare for him , as it hath , so it will make up , to the satisfaction of men● souls and senses , the want of other company ? paul's notwithstanding , made all odds even : it was no reproach to athanasius , that it was said of him , unus athanasius contra totum mundum ; but that which hath perpetuat his renown , and made his name savourie to all the lovers of our lord jesus christ ; nor shall it be to any , who walk in the same spirit , who walk in the same steps . and to this union of heart amongst your selves , suffer me to append this word : let there be a communion of all good things amongst you also , for supplying the wants and necessities of your suffering brethren : ought you in some cases to lay down your lives for the brethren● then i pray such , who shut their eyes that they may not open their hands to minister to their necessities , to think how they shall answer that question , when put to them ( for put to every one , and more particularly to all that have a profession of love to christ in the nation , it shall be ) ioh. : . it may be some of you have much taken from you , and so think your self exempted . but have you more then what is simply necessare ( and in this god will be judge , who will cut off all your superfluities out of reckoning ) for the present support of your selves , while others have nothing ? then consider the place . cor. : , , . &c. for i cannot enlarge ; nay read that whole chapter and the next ; and the consideration of what the holy ghost hath there said , if any of his words have weight with you , must powerfully perswade to this dutie : remember what is said of the believers acts . from ver . . &c. and consider what the paritie of the case pleads . but i may not insist ( yea , and dare i say , i hope it is needlesse ? ) onely let me aske you what you would do for christ himself , if he were so dealt with ? then consider the place math. : v. . and see how he reckons , and reckon that he will recken wit● you in tha● day , according to that reckoning , and your carriage in this . i hope , this one place for all● if ●ver you look to have a place with him ; and suffer me to leave you with a desire to consider that place also heb. . and if you will compare what is said of that great dutie of suffering for christ v. and of that high dutie of praising god v. . and compare what is said of both , with what is said of the dutie now perswaded to v. and you will both know what is to be done , and carry as believing , he is not unrighteous to forget the work and labour of love of such , who minister to the necessitie of those , who for his names sake have been spoiled of all : onely perswade your selves , god is taking particular notice of the carriage of every man and woman in scotland , this day ; and accordingl● as he observes , he will repay ; he that soweth sparingly shall reap sparingly , and he that soweth bountifully shall reap bountifully . i shall shut up all , in answering two questions briefly : first , what now should be our carriage in reference to enemies ? secondly , what may be our hope of a delivery from them ? to the first i say shortly , let us be moved , out of compassion to their precious souls , first , to pray much for them : while they stretch forth their hands against you , studie ye this blessed revenge of good will : li●t up your heart , with your hands , unto god in the heavens , on their behalfe ; that the spirit of repentance may be given them : do this , and fulfil his law , whose injunction it is , pray for them that despite fully use you , and persecute you : it may be , there are some of the elect , so far left at present● as to run alongst with this course , pray , that these may be reclaimed : and however , it will afford you much sweet peace , to have this testimony , that , while they in rage and malitious rancour , were pursuing you to heavens gates , you , in love and compassion to their souls , endeavoured to cry to him to catch them● and carry them in with you , to the fruition of himself , and to share with you , in the glory to be revealed : and though , as to them , you shou●d not prevail ; yet , besides that your prayer shall be set forth before him as incense , it shall returne into your own bosome . secondly , henceforth stand , aloof , from all listenings to proposals coming from them , or making any to them : for what ever fredom and clearnesse godly and wise men might formerly or hitherto have had , without scruple in this matter , before they had made such a cleare discovery of their perfect and stated opposition to christ as king , and of the puritie of their enmitie at , and implacabilitie against all , who desire to be faithful and loyal to him ; yet now , i conceive us called of god , to take this course ; as that way , wherein alone we can expect his approbation , and countenance : first , as the most propter mean , to convince them of their wickednesse : this now , seems to be the most proper testimony , against their way , to stand at such distance from them . secondly , as the alone expedient , how to preserve our selves free from all compliances with them , and in good termes with jesus christ : for , seing it is his presence we now need , it is sure best policy , to beware of sining him out of soul or sight , by touching with that , which is soul hates , and for which his soul will be avenged . thirdly , this is the way , to preserve unitie amongst the remnant : do we not know , that their dainties are decei●ful meat ? do we not know , that their most seemingly tender mercies are really keen crueltie ? do they offer us any thing , that looks like a favour but upon designe , that they may more cer●ainly ruine the work of god , by our divisions about it ? i shall give but two instances , to evidence what their purposes are , in their treatings with us . the first i had from a great man , now in glory , who had it from the mouth of that noble man , who then was active above all others , in bringing the indulgence first upon the stage ( i abstract wholly , from the thing it self , for that is not my businesse now , to say either good or ill of it ; i onely intend here to discover , what they designe by their favours ) when he said to him , what my lord intend you by this indulgence ? and , what do you think to gaine by it ? if , said that noble man , we ga●ne no more , we shall certainly gaine this , it shall separate between the made cape , and the moderat fanaticks ( i give it in the very words , wherein i had it ) this was plain dealing indeed , and a palpable discoverie of the desperatnesse of the designe : a second instance is this , when that work of darknesse , our supr●macy , was brought to light , to the end , we should not , according to the merit of the cause , be allarmed and give the all●rme ( which its like from the knowledge of our principles , their conscience indi●ed to be our dutie ) some were ●et on work , to whisper us into the eare , and mumble us into a mutnesse , that we should not ment , nor whimper , at the sight of this prodigious monster ; though , for face and feature , an opposition to christ as king beyond what ever had appeared upon the stage : but why forsooth must we be silent ? o! because favour to the fanaticks is hereby intended● for , what ever appea●ed at brime , there was some special advantage to them , at bottome : the lessening of the episcopal power which did so lash the fanaticks , and the curbing of their crueltie , was intended : by which means , they we●e sure , that so many , as they could fool into this fa●sie , or please with this nothing , or if any thing , the most wicked of all things , would not onely divide , and be divided from their brethren ; but they knew very well also , ●hat the more seeing and serious servants of christ , who adhered to former principles , would count themselves called of god , to look upon such , what ever names they assume to themselves , as manifest deser●ers of the cause of the church of scotland , and betrayers of it . and for my own part , how much so ever i am for union ; yet , i scruple not to let the world know , that be who he will● that hath beaten his brains , to shape a beautiful maske , for hi●ing the hell blakenesse of thi● monsters face , which s●ould be the abhorrence of all that love our lord jesus christ in sinceritie● and hath strained his wit , to put a sufferab●e sense , upon a ●upremacy , whereby our lord is put again to suffer : i say , i scruple not , to let the world know , that this is the echo of my soul , as to him , or them ; o let never my soul enter into the secrets of that man ! & lett him ( who while he thus seeks to ●ile the eyes of others bewrayeth this secret , he is no seer : nay that some finger is put into his eye , i ●hall not say , whose it is ) ne●e● be the man of my councel nay , let all the ●ervants , and all ●he people of god , stand aloof f●om him , and his whispe●ings , because , in stead of being in case to give wholsome advise , as one who stands in his masters cou●cel , he will , by his palliatings and perverse mutterings , seduce , pervert , and ensnare : his breath will be contagious , since his speech must bewray him , to have the bot●h of the court-creed running upon him . hence fourthly , i must professe ( and i desire to say it as in the presence of god , and as writing that which i must carry-in , in my hand , before the tribunal of christ : what ever prejudice should be taken up , against the speaker , or the thing spoken ) that it pass●th the ken of my poor shallow capacitie , after all the discoveries , the enemies have made of the desperatnesse of their designe , how , by all possible means , and malicious methods , to ruine the work of god , and after the mediators crown is so formally set upon the head of another , and all that is now done● and driven , in destroying the remnant , is in order to the establishment of that invasion of his crown , and scepter , what addresse is possible to be made to him , ●ho is thus set down , in the mediators chair of state , and weares his crown in our sight , without sin : except it be , to tell , we can make none : or to beseech to forbeare to persecute the mediators ambassadours , who must continue to preach the gospel , by vertue of their commission : yea , who dare not think o● appearing before christ , with●ut having given such a testi●ony of their resentment of the us●rpation of th●ir masters ●hro●e , and scepter : and who dare ne●er prese●t themselves to god , without doing the equivalent of spreading that supremacy before him ; and praying , that he would take unto him his ●reat power and reigne● and possesse himself again of his own ●h●one , and , disposse●sing these who have usurped it , shew his zeal for his prerogative royal : and● how such a declaration before men , and such dealing with go● , can consist with addresses t●●●em , in church matters , who have taken to themselves his house in possession and yet be fr●● from all compliance with , countenancing of , and conniveance a● , that great wicke●ness● , i see not : and i hope never to see with his eyes , who saith● he sees it . they have now stated the qu●rrel clearly for us : and , as ever we would have christ to stand be us , and stand up to pl●ad this own cause , when we are not able to withstand the power of th● enemy , let ●s stand by him , and stand aloof from them . as we have neither hoof nor h●● to part with , in this matter ; so we have nothing to seek from any , that si●s in our masters chair of state . god forbid , that ever we should be seen to bow or beg before t●em , while they sit there ! how ever , when we are passive , we may make use of what libertie is given ; yet , it is our safetie , it is our peace , it is the interest of the gospel , and for the glory of our exalted prince , to abstaine from seekings , an● receivings from those , who stand in such termes of opposition to him . as to the second question : what hopes we may entertain of a delivery , from our persecuters ? first , i say , there is nothing in my judgement , which can deliver me , or any who considers the nature of our national revolt , in all its god-provoking circumstances , and how deeply every one is guiltie , from him , who sitteth upon the throne , to him who grindeth behinde the mill : and how this sin is now become the sin of the nation ; whereby the whole is made a curse , without meditating terrour , at t●e apprehensions of the ●●yrcenes●e of the wra●h of god almightie , against brittan : lesse th●n such a signification of his displeasure , that we are the people , against whom the lord will have indignation ●or ever : lesse than utter ruine and the perishing of the name of that nation , that generation , and people , from under the heavens of the lord , who have so contemned his covenant , and ●aken his name in vain , is lesse , sure , than what our iniquitie gives ground to ●●are , is but hovering over us and ready to fall upon us ; it is true , not a few ( and blessed be ●e for that ! ● have found mercy , not to go alongs , with all these courses ; but yet , let me say even to these , it becomes us to be very sober , in our expe●tations , and submissive ; passeing the example of ephesus , &c. let us perswade our own souls into this submission , and sobrietie , from the example of god's holy procedor wi●h moses deut. . , . , oh , if but for an unadvised word ! if but for a little smoak about the fire of his holy and fervent zeal for god , he , who next to the mediator , w● as reckoned faithful , in all the house , and mat●ers of god , was keept out of canaan ? may not that holy peremptorinesse , in the just and jealous god , whereby he refused to be importuned by such a servant , make us , in remembrance of what we have unworthily done , and left undone , very sober , in our expectations , and silent , though he should cause us fall i● the wilde●nesse , and make our death prevent the dawning of that blessed , and desirable day ? o th●t we could , in the mean time , learne at th●t holy man , to be solicititous , how to transmit pure ordinances , to the posteritie , as we se● he was ; that if we must go off the stage , yet we may live and die , witnessing , how desirous we are , that god may be great amongst the posteritie , wh●n we are gone : and , that an example of witnessing for our wronged lord and m●st●r , may be transmited to those who sh●ll succeed ; withal warning them , that they doe no● follow our example , wherein we have not contented valiant●y , for christ , and the interest of his crown . secondly , i cannot forbeare to say , that , if in the soveraignitie of his grace , he should go out of the common roade of his ordinary providence , and make the delivery come in ou● dayes ; yet , i am sure , ( at least i may say it , as to my self ) a sober reflexion upon what we have been and done , may make us feare , that we shall have no other interests in it , but to be spectators : and that if ●e make use of instruments , it shall be of such , ( how few soever , how base and fecklesse soever , before men , how weake and witlesse soever ) as are free of what my self , and many are guiltie of ; and with whom there hath been a fire of zeal for god , witnessed by their faithful forwardnesse , while , with my self and others , there was scarce the smoaking of a flaxe : though yet he may graciously condescend , even to make our hair grow againe , & so make use of o●r h●nds abo●t his work , and put us in case , to shake ourselves , as his servants have done at other times . yet thirdly , to the end , the poor people of the lord may not be frighted , nor fainted into a despondency ; let me adde this : that deliverance to the people of god , in his own time , way , and manner , ( which i leave vvholly to himself ) and that a great and glorious one , shall come : and this is no lesse cer●ain , than that i●ho●ah cannot fail to establish the throne of his anointed : nay , if all the kings of ●he earth should agree amongst themselves , to set up one monarch , & invest him , with the power of our supremacy ; yet all the povver they could make , managed vvith all the policy in hell , or out of ●ell , sh●uld not be able , to setle that crovvn upon the head of that mortal ; but , t●e immor●al god should , with the omnipotent power of his right arme , shake that usurper out of his seat , and setle the throne of his anointed upon the ruine of his adversaries . hath he said it ? hath he sworne it ? and sh●ll not the zeal of iehovah performe it ? hath christ bought his crown a●d scepter , with his blood ? and hath he such a tittle and right to it ? and hath he all power in heaven and in earth , for securing himself in the possession of his purchase ? and shall any mortal o●ter to mount his throne ? shall any mortal offer to stripe him of this glory , pull the crown from his head , and cloth him●elf with the spoils of the mediator's honour , and be able to keep himself , in possession of what he hath taken from the son of god ? o vain attempt ? let them answer these questions , put unto them psal. : vers . , . and read ●he●r doom , v●r● . , . o! the mediator's iron rod , put in his hand for securing to him his royal scepter , shall make the potsheads of the earth , by dashing them in pieces , know , wha● it is ●o strive with h●m for state ? and here , let me adde these things shortly ; fi●st , a● in the way he shall take to a●compl●sh our delivery , his holy and hot indignation again●t breach of covenant with god shall be witnessed to the conviction even of suc● who dec●e●d it ; ( for the breach o● covena●t with him , shall either breack britta●'s heart or head ( so , secondly , it shall be seen , to have a most convincingly closs connexion with the vengeance● wherewith our sup●●m●cy shall be pursued the mediators ze●l against this idol of ind●●nation shall be written on the revenges , he will take for it : and in the day , when he rai●eth up a pa●tie , to state the quarrel upon this head , how despicable , and contemptible so ever they may appeare ; th●n it shall appeare , he is about rescinding of our supremacy ( for rescinded it shall be , and if they will not , he will nay , because they will not , he shall : for his crown must flowrish on his own head , and all his enemies must be clothed with shame ) & setting that crown with pure gold , upon his head , from whose head it is taken , by our law. and thirdly , let me adde this ( and so i have done ) that , as their rage and violence , in this late invasion made upon you , in pursueance of the designe of a full and final setlement of themselves , in the possession of what they have taken from jesus christ , by the ruine and overthrow of all , whose way speakes the least of resistance , even to a non-compliance● hath been an high transport of rage , whereby they have been carried , beyond all the boundaries of law and reason : so i have as little doubt , but god shall make the connexion , betwixt his arising to deliver his people , & their having risen up thus , to delete and destroy them at once , so closs , and so cleare , ( how long so ever he delay it ) as it shall be no matter of dif●icultie , for any , who wisely considers these things , to observe what dependance upon , & connexion with , the deliverance of the people of the lord , hath , as to it 's visible rise , with this their horrid and inhumane violence . he is the lord , wh● will hasten these things in his time . do not therefore , beloved sufferers for christ , suffer your hearts , to sink into a despondency : the cause is his , and he will plead , yea thorowly plead that cause , which is his own : and this shall be your crown and comfort to continue contending for him ( for so the cause , that is so purely his , becomes the cause of your soul ) and if you should fall in this conflict , and die suffering ; besides , that you fall in the bed of honour , & fall asleep , in the blessed expectation of the conquerours crown , this your cause will out live all it's enemies , and have a glorious resurrection ; and your wrestlings , and witnessings , and sufferings , as they will be rewarded in heaven ; so they shall be recorded on earth : therefore , lift up the hands that hang dovvn , and strengthen the freeble knees : the s●me , yea greater , afflictions have been accomplished , in your brethren , which have been in the world ; and as the god of all grace , after they had suffered a vvhile , made them perfect , and put them in possession of that eternal glory , to vvhich they vvere called by jesus christ● so shall he stablish , strengthen , settle and keep you ●rom falling , and after all your sorrovves and sufferings , present you faultlesse , before the presence of his glory , vvith exceeding joy : pray for your poor welwisher and companion in tribulation . duplyes of the ministers & professors of aberdene to second answeres of some reverend brethren, concerning the late covenant. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) duplyes of the ministers & professors of aberdene to second answeres of some reverend brethren, concerning the late covenant. forbes, john, - . , [ ] p. by edw. raban, printed in aberdene : . signed by john forbes and five others. a reply to: the answeres of some brethren of the ministerie, to the replyes of the ministers and professours of divinitie in aberdene. reproduction of the original in the henry e. huntington library and art gallery. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng church of scotland -- early works to . answeres of some brethren of the ministerie, to the replyes of the ministers and professours of divinitie in aberdene. covenanters -- scotland -- th century -- early works to . aberdeen (scotland) -- church history -- th century -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - ali jakobson sampled and proofread - ali jakobson text and markup reviewed and edited - pfs batch review (qc) and xml conversion duplyes of the ministers & professors of aberdene , to the second answeres of some reverend brethren , concerning the late covenant . if thou take foorth the precious from the vyle , thou shalt be as my mouth : let them returne vnto thee , but returne not thou vnto them . ierem . . . honour all men : loue the brotherhood : feare god : honour the king. . pet. . . printed in aberdene , by edw. raban , . coat of arms or blazon to the unpartiall reader . it may bee you haue not , as yet , heard the true relation of our proceedinges , and carriage , towards those two reverend brethren , who came latelie hither , to recommend to vs , and our people , the late covenant : wee declare therefore to you , that we hearing of their comming , and intention , and beeing of a contrarie mynde , resolved , that before wee should giue consent , that they should preach to our people , wee would propone to them , by way of certaine demands , the chiefe reasons which made vs to bee averse from their proceedings ; promising to admit them to our pulpits , if they should giue vs satisfaction , concerning the late covenant . wee intended not to print these demandes at the first ; but afterwards considering howe much our people might bee confirmed by them , in that pious resolution which they haue , to continue in the obedience of the lawes of this church and kingdome , concerning episcopacie , and those thinges which were concluded in pearth assemblie ; wee thought good to put them to the presse , but determined not to make vse of them , by divulgating them , except we saw that our people stood in present neede of them ; which indeede came to passe : for vpon fryday , the twentie of julie last , these reverende brethren came to this towne , and having that same night receaved our demandes in writ , they returned their answeres vnto them on saturday following , late in the evening : but they came not to our handes , who replyed vnto them , vntill sunday in the morning . neyther had we leasure to reade , or consider , vntill both the sermons were ended in our churches . wherefore wee did meete together that day , at foure houres afternoone , that wee might peruse them . and at that same tyme , hearing that these reverend brethren had preached in audience of dyverse of our people , conveaned in the court of a noble man his lodging , not having obtayned our consent thereto , and in their sermons had vsed a forme of answering to our demandes , which they did publicklie reade , affirming , that they had given full satisfaction to vs , in a written coppie of their answeres , which they had sent to vs : and by that meanes , had laboured to disswade and draw our people from their obedience vnto the articles of pearth , & the lawes of this kingdome ratifying them : wee knowing how insufficient their answeres were , to giue satisfaction to anie , who would duelie ponder our demandes , gaue licence to the printer to divulgate them , and the next day did wryte our replyes to their answeres , intending to put them to the presse on tuesday . but wee were earnestlie entreated by a noble man , to send backe to them the copie of their answeres , that they might revise and perfect them , & also to delay the printing of our replyes vntill fryday following . which wee willinglie granted . but wherefore this was desired of vs , you may conjecture ; seeing they neyther added , nor diminished , nor altered anie thing in their answeres . vpon the next fryday at night , wee gaue our replyes to the printer : and to these reverende brethren , who returned not to this citie , vntill saturday following , wee sent a copie of our replyes in writ , on the lords day : vnto which we receaved not their answeres , vntill they came from the presse , to wit , on tuesday the fourteenth of august : that is , eyghteene dayes after they had receaved our replyes . what successe these brethren had in their sermons , which they preached here , vpō two severall lords dayes , it is sufficientlie knowne : neyther haue they reason to talke so much of it as they doe , in their preface to the reader . the first of these dayes , some few who were thought to bee that way inclined before , subscryved their covenant : but the next lords day , they scarce prevailed with anie at all . and a great many , who heard them both these dayes , professed , that they returned from their sermons , more averse from the covenant , than they were before . now good reader , wee present to thee our replyes , to their second answeres ; which for shortnesse cause , wee haue called dvplyes : wee pray you consider them vnpartiallie . and if you reape anie benefite by perusing them , let it not be ascrybed vnto vs , but to the invincible force of divyne trueth . wee conclude with zorobabell , saying ▪ blessed bee the god of trueth : and let all the people shout , and saye , great is trueth , and mightie aboue all thinges . to our reverend brethren m r alexander henderson and m r david dickson . that your answeres , reverende and deare brethren ; haue not in anie degree satisfied vs , wee impute it not to your weaknesse , whom wee know to bee able men , and much exercysed in the matters debated betwixt vs : but wee impute it to the weaknesse of your cause , and to that inabilitie which is in all men , as well as in you , to beare out agaynst the trueth . wee are sorie that yee are not so respectiue , and favourable , in your judgement of vs : for yee playnlie declare in your preface , that yee suspect vs of prejudice : and that for two reasons . the first is , that our demandes , which yee conceaved had beene meerelie intended for you , were published before your comming in print : as also , that our replyes were printed before we receaved your last answeres to them . whence yee conclude , that wee were rather ayming at victorie , moved thereto by prejudice , than at satisfaction by searching of the trueth . this reason is grounded vpon a mistaking : for altho our demandes at the first , were intended for you onlie , yet afterwardes we resolved to print them , as also our replyes , ( the printing whereof did nowayes depend vpon your second answeres , ) not for loue of contention , nor desire of victorie , ( god knoweth ) but for such reasons , as wee haue expressed in our preface to the vnpartiall reader , whom wee hope wee haue satisfied in this poynt . your other reason is , that the groundes of your answeres to vs , haue proven satisfactorie to others ; who for age and learning , are pryme men of this kingdome : and to whom our modestie will not suffer vs , to preferre our selues . farre be it frō vs to be so presumptuous , as to preferre our selues to so manie learned and worthie divynes : and as farre bee it from vs , to measure the soliditie , and sufficiencie of your answeres , by the habilities or induments of these , who haue acquiesced in them . if this your reason were good , the papists might more probablie accuse vs of prejudice , ( as indeede they vnjustlie doe ) because your answeres to our argumentes , haue proven satisfactorie to manie thousands of those , who for profunditie , and subtilitie of wit , are inferiour to none of the world : but wee regarde not this slender motiue , remembring these wordes of our saviour , i thanke thee , o father , lord of heaven and earth , because thou hast hid these thinges from the wyse and prudent , and hast revealed them vnto babes : even so , o father , for so it seemed good in thy sight . besides , if yee compare the divynes , ancient and moderne , who are of our judgement , with these who favour your opinion , eyther in number , or in the excellencie of their gifts , ye shall find that in this , the advantage is greatlie ours . in the meane tyme yee shall know , that wee can bring farre better reasons to free our selues of prejudice , than these which yee haue brought agaynst vs : to wit , the soliditie of our argumentes , which haue put you to such straytes , ( pardon vs to say that , which everie one who hath eyes , may see ) that oft-tymes yee doe not so much , as attempt to answere them , beeing glad to passe them by , with the show of an argument in contrarium , or some other lyke shift : our humble and earnest attestations , in calling god , the onlie competent judge ; as witnesse of our sinceritie , in the inmost thoughtes of our soule ; our seriouslie professed resolution , to concurre with you , if wee should get satisfaction from you : the modestie , ingenuitie , and peaceablenesse of our wrytings to you , and on the contrarie , your too great disdainfulnesse and asperitie in your second answeres ; bewraying not onlie the weaknesse of your myndes , farre by our expectation , but also the weaknesse of your cause to vnpartiall readers , who ascrybe this to the pungent force of our answeres ; judging , that they haue made you some-what more cholericke , than you were before . to this wee will adde the great reluctance , which some of the most judicious subscribentes did finde in their consciences , before they subscrybed your covenant ; together with the limitations , and reservations , wherewith they subscrybed it ; evidentlie arguing their strong apprehension , of the dangerous ambiguitie and haske sounding of the wordes of the late covenant : so that even these who are now joyned with you , haue beene much affrighted with those thinges which terrifie vs. as for your protestation in the ende of your epistle , that yee can no more bee brought to our mynde , than yee can bee drawne from the profession of our religion , as it hath beene reformed , sworne , &c. altho this importeth no small prejudice , possessing and over-ruling your myndes ; yet looking to the invincible force of that trueth which wee mayntayne , wee even yet hope that at last it shall prevaile with you ▪ especiallie considering that our controversie is not concerning the reformed religion ; wherevnto wee as sincerelie adheare as anie who-so-ever , but concerning the equitie of that forme of covenant which yee latelie made . wishing you and all others , to adheare truelie and sincerelie , to the same true religion ; and to all the dueties which in it are recommended to you : wee most humblie , and earnestlie pray the almightie god , to pittie his church in this kingdome , and to vnite all our heartes in trueth and peace , in these most dangerous dayes : which although they bee to you dayes of gladnesse , as yee professe , yet to those who loue the peace of sion , and the tranquillitie of this kingdome , they are sad and melancholious dayes , in respect of the blacke clowdes of god's wrath , hanging over our heads , & threatning vs with stormes of fearfull calamities : which wee pray the almightie god to avert . the first dvply . in our disputes agaynst the papistes , ( which haue bene frequent , and by god's grace not vnfruitfull , ) as wee haue learned , that to multiplie objections agaynst the trueth , is a thing easie , as yee say , but fruitlesse and vaine : so also wee haue learned , that to multiplie evasions , agaynst solide arguments brought for the trueth , is a thing no lesse easie , but altogether vnprofitable : which wee pray you take heede to . how forcible are right wordes ? but what doeth your arguing reproue ? iob . . . yee say , that our objection , agaynst your calling , and the warrand of your cōming to vs , was framed & published in print , before it was proponed vnto you , and ere your answere could bee had . indeede our demandes were at the presse at your comming , that they might be in readinesse ; but were not published , before your selues in your sermones did publicklie reade them , and dispute agaynst them , in audience of such of our people as were there present for the tyme ; albeit that written copie of them was delyvered to you onlie , and not at that tyme communicated by vs to anie other . , your authoritie which ye acclayme , is neyther from his majestie , nor warranded by act of parliament , nor by the lordes of his majesties counsell , nor by anie nationall synode of this kingdome , nor by anie judicatorie established in it . and both in your first answere , as also now agayne yee professe , that yee came not hither to vsurpe the authoritie , of anie civill or spirituall iudicatorie . as for your multitude , ( which yee call allmost the whole kirke and kingdome ) it beeing destitute of authoritie foresayde , maketh no warrand of ordinarie calling . therefore , yee seeme to pretende an extraordinarie calling from god , alleadging an extraordinarie necessitie at this tyme , which truelie wee see not in anie such degree , as may deserue and warrand so great a change from the receaved order , which is publicklie by lawes established in this kirke and kingdome . that saying of the apostle , let vs consider one another , to provoke vnto loue , and to good workes , which yee alleadge for your extraordinarie imployment , importeth not an extraordinarie calling , but an ordinarie duetie , to bee performed by all christians , according to their callings . . the word of god , and the canons of councells , doe so permit to pastors , the care of the whole kirke , as they must remember to doe all thinges , decentlie and in order , and not to interpone themselues in their brethrens charges , and agaynst their will. and praised bee god , there was not anie combustion , errour , or confusion , in these places of our charges , as yee doe alleadge : neyther did our people stand in neede , of such helpe from you . and if yee meane the combustion of our nationall kirke , wee doe thinke your remeede not convenient ; as beeing , in our judgement , not agreeable to the right way of trueth and peace . . whereas yee alleadge , that if some members of this kirke , had not cared more kyndlie , in this tyme of common danger , than others haue done , the whole bodie had beene ere now dangerouslie , if not desperatelie , diseased ; wee answere , that wee most heartilie wish , anie disease of this church , to bee tymouslie prevented and cured . but withall wee wish this to bee done without a rupture , and such a dangerous division : chieflie seeing our church is not infected with anie such erroures , nor is in such dangers , as may giue just occasion , of so fearfull a division : which in it selfe is a sore disease , and from which in holie scripture , wee are often , and verie earnestlie dehorted . dionysius bishop of alexandria , in his epistle to novatus , recorded by eusebius , lib. . historiae cap. . worthilie sayeth , you ought rather to haue suffered anie thing what-so-ever , for avoyding of cutting asunder the kirke of god : and martyrdome for keeping the kirke from schisme , is no lesse glorious , than which is suffered , for not committing idolatrie . and in my opinion also it is greater ; for in suffring martyrdome for not committing idolatrie , a man suffereth for one , even for his owne soule ; but heere a man suffereth martyrdome for the whole kirke . . yee affirme , that we haue no reason to complayne of your carriage , heere towards vs , in respect yee for your sermones preached to our people , made choyse of vacant houres , that they might attende the ordinarie tymes of worship . but indeede this satisfieth not our complaynt : for we justlie complayned of your preaching to our people , without our consent , at anie houre ; and of your labouring , to make them subscrybe the late covenant , before yee had given satisfaction to vs , concerning the equitie of it . . yee reprooue vs for these harmlesse wordes of a confoederation , and negatiue confession . that little confession , was long agoe called negatiue , à parte majore . and as for that other word , it is well knowne to all those who are expert in our mother tongue , and in the latine , that covenanting , and confoederation , doe signifie one , and the same thing : and therefore , both these wordes are alyke respectfull , in our judgement . whereas yee say , that your covenant is made with god , and doe call it his covenant : and lykewyse for justifying your swearing , and subscrybing thereof , doe bring some places of scripture , wherein mention is made of a covenant , & oath , betwixt god and his people ; wee shall then allowe the same name , and respect vnto your covenant , when yee shall make it manifest , that your covenant in all poynts therein contayned , hath no lesse warrand from the written word of god , than that covenant which the israelites did sweare in the dayes of ioshua , ( ioshva . verse ) and in the dayes of jehojada the priest , ( . kings . verse ) and in the dayes of king asa , ( . chron. . verse ) and that which is mentioned by isaiah , . verse . . as wee are still informed , that some haue fled the countrey , and some haue subscrybed for feare ; so no pastors in our knowledge haue gone to court , for the causes alleadged by you . wee doe not presume to judge of the consciences of men , and wee wish you to judge more charitablie , of these reverende prelates , than yee doe . the occasion of this present storme was pretended to bee the introduction of the bookes of service , and canons , and the high commission . these causes are now removed ; and yet the storme continueth so vehement , ( as yee seeme to grant ) that the bishops haue just feares warranding their flight , to saue their persons ; which wee judge to bee too great violence , for anie such cause , agaynst persons in so sacred a calling . . wee shall assuredlie , ( by the grace of god ) still contribute , as yee desire , our prayers , and all other meanes agreeable to our consciences , for extinguishing of the present combustion . and for that effect , everie one of vs shall secretlie , and humblie , mourne before the lord , and shall search and trye our wayes , and turne vnto the lord . and as wee haue alreadie humbled our selues publicklie , with fasting and mourning for that effect , so are wee readie in tyme to come , to doe the lyke , when it shall bee indicted or allowed by authoritie , according to the established order in this kirke and kingdome . yea , also wee are readie to joyne with you in the late covenant , so soone as wee shall receaue satisfaction to our consciences , concerning the lawfulnesse thereof ; which as wee haue protested before , so doe wee yet protest , and professe . . the reasons which yee touch in your first answere , for proving that wee might without just offence to anie , joyne with you in subscrybing the covenant , are sufficientlie answered in our first replye . for , first , it is not yet discerned in a nationall assemblie , whether your interpretation added to the olde covenant , bee in all poynts sound or vnsound ; and therefore wee haue reason to thinke , that this new covenant , is not substantiallie one with the olde : chieflie seeing it addeth to the olde covenant , not onlie your interpretation of it , but also a promise of forbearance of the practise of pearth articles , vntill they bee tryed in an assemblie ; and lyke-wyse a band of mutuall defence , by force of armes , made without the king's privitie and consent . secondlie , your inference of mutuall defence , agaynst all persons what-so-ever , drawne from the words of the olde covenant , is meerlie invalide . for nothing was pactioned or promised in the olde covenant , without the king's majestie his privitie ; but the band of mutuall defence , agaynst all persons what-so-ever , in this your new covenant , is without the command or consent of the king , to whom onlie the sword is given in this kingdome , immediatlie by god. see to this purpose the words of king iames the sixt of blessed memorie , in his booke entituled , the law of free monarchies , in the english edition of his royall workes , at london , anno . pag. . that which yee adde concerning the generall band , is also little to the purpose , for that band had the king's warrand , where-as his majestie doeth now forbid your covenant . thirdlie , altho the former oath subscrybed , did appertayne onlie to the persons of the subscrybers , all the dayes of their lyues ; yet you haue in your interpretation , extended the obligation thereof , to the present and succeeding generations in this land , without anie warrand eyther from publicke lawes , or from the wordes of the oath it selfe : which also is a substantiall difference betwixt that oath , and your late covenant . where-as yee alleadge , that the warrand which the olde covenant had from king , counsell , and assemblie , remayneth virtuallie , and was never yet discharged ; wee answere , it remaineth not , and that because king james of blessed memorie , disalowed that little confession , in respect of the inconveniencie of the multitude of negatiues , as is cleare by his majesties wordes , published in the printed summe of the cōference holden at hampton court , anno . and no former act of counsell , made in the tyme of anie former king , doeth sufficiently warrand our consciences to subscrybe anie oath now , which seemeth to vs to bee disagreeable to the act of parliament ; and which our present dread soveraygne lord , the king's majestie , by his publicke proclamations ; and other intimations of his royall pleasure , forbiddeth vs to subscrybe . and as for the acts of these two assemblies , which did injoyne subscription to the sayde little confession , they were relatiue to the king's mandate , which is now expyred by his owne declaration , and with his royall breath , according to that common maxime : morte mandatori : expirat mandatum . extra . de officio & potestate judicis delegati , cap. . relatum est in glossa . for the injunction was given for that tyme onlie , as wee conceaue , beeing warranded by the wordes of these assemblies . . these that were suspect of papistrie amongst vs , haue not beene vrged by vs to subscrybe that negatiue confession ; but onelie some articles relatiue to the national confession . and as for such as receaue degrees in philosophie , in our colledges , they doe sweare onlie to the true reformed religion , as it is publicklie professed and preached , according to god's word , in this kirke of scotland , and established by publicke authoritie , with a generall abjuration of all , both popish , and other haeresies contrarie thereto . and those who receaue degrees of divinitie , doe more expresslie sweare to the orthodoxe determinations of the ancient catholicke kirke , as is evident by the words of the oath , whereof the tenor followeth . ego a. b. sancte & ex animo coram omniscio & omnipotente deo confiteor & profiteor fidē eam quae de sancta trinitate , & mediatore emmanuele à sanctis patribus in sex primis o ecumenicis conciliis , contra pauli samosateni , sabellij , arij , macedonij , apollinaris , nestorij , eutychetis , & monothelitarum haereses proposita explicata & defensa est , esse vere christianam , orthodoxam , catholicam , ex sacris canonicis scripturis haustam ; symbolum quoque sancti athanasii vt similiter orthodoxum me recipere . item me ex animo detestari haeresin pelegianam , ejusue reliquias semipelagianas , & eas haereses quae imaginibus aut vlli merae creaturae religiosam concedunt adorationem . item , me monarchiam papae romani in vniversam ecclesiā , & ejus cùm in spiritualibus tùm in temporalibus primatum , & judicij papalis in religionis controversiis infallibilitatem , tanquam antichristiana deliramenta rejicere , omnesue etiam alias haereses tum olim invectas , tum recens sub romani pontificis tyrannide natas anathematizo . agnosco spiritum sanctum in canonicis v. & n. testamenti scripturis per prophetas , evāgelistas , & apostolos loquentem , esse nobis vnicum , supremum , infallibilem , & ordinarium omnium de fide vitaue christiana controversiarum iudicem . et s. scripturam canonicis v. ac n. testamenti libris comprehensam esse vnicam , certam , stabilem , perfectam , totalem regulam fidei vitaeque christianae , tum quoad textum , tum quoad interpretationem authenticam seu divinae authoritatis ; & hanc quae hodie in ecclesia scoticana palam & publica authoritate ex sacro dei verbo proponitur de credendis , sperandis , amandis , doctrinam esse orthodoxam , catholicam . et ipsam hanc ecclesiae scoticanae doctrinam , me ad extremum vsque vitae meae halitum constanter per dei gratiam professurum & pro mea vocatione defensurum sancte promitto , juro . insuper almae huic vniversitati cui hunc scholasticum ( docturae theologicae ) honorem debebo , me nunquam ingratum futurum , sed semper ei ex animo fauturum , ejusque commoda , piè , seriò , sedulò , fideliter promoturum sancte etiam coram eodem omniscio & omnipotente deo promitto , juro . wee , who were graduated heere , did sweare this oath , and now , for satisfaction of others , we all doe sincerelie attest god , that wee doe , and shall adheare to it , constantlie , all the dayes of our lyfe . . yee doe agayne object to vs , that wee haue presumed to disallow your explanation of the late covenant , which hath beene publicklie allowed by his majesties commissioner : adding thereto , that wee will haue the kingdome guiltie of combination agaynst authoritie , and that wee will not haue the king to bee satisfied ; whence yee inferre , that our dealing is more suteable to papistes , and such incendiaries , than for vs ; who desire to proue good patriots , in vsing all meanes of pacification . but certaynlie yee wrong vs : for what was done by his majesties commissioner , anent your declaration and explanation of your covenant , is evident by his grace owne letter , latelie written to vs of that matter ; whereby his grace hath declared , that he was nowayes contented therewith , and that his majestie hath not receaved anie satisfaction thereby . the same is evident also , by his grace owne manifesto , prefixed to our demands , your first answeres , and our first replies ; reprinted at edinburgh , by his gr. speciall command . to the which manifesto , or declaration of his majesties high commissioner , wee remit the reader , for his full satisfaction , in this , and some other poyntes of your answeres . . wee intende not to beare vpon you ▪ and your associates , ( who take to your selues the name of the kingdome , heere in this your answere ) guiltinesse of combination agaynst authoritie , as wee haue protested and declared , in the ende of our former replyes : but in the tendernesse of our consciences , wee doe vprightlie signifie to you our scruples , which hinder vs from approving or subscrybing your covenant . and wee are so free of that odious imputation , of taking part with anie incendiaries , or imitating anie proceedings of that kynde ; as wee heartilie wish , and shall endeavour , to proue good patriots , and christians , in such evident loue of trueth and peace , as it shall bee manifest , that wee neyther haue beene , nor shall bee authors , or fomenters , of this miserable combustion . . yee are sorie , yee saye , that wee should account your covenant , to bee a confoederacie agaynst the trueth ▪ and yee affirme , that yee labour with men , to joyne with you in sinceritie , and not through humane feares . now , reverend brethren , in the feare of god , laying aside all humane feare , wee doe sincerelie declare , that if wee thought your covenant , in all poynts agreeable to the trueth , wee should make no opposition thereto . and wee doe heartilie wish , that according as yee doe heere professe , so indeede no man bee threatned with worldlie terroures , to goe your way . wee ayme indeede , at the same ende which yee professe , to wit , at the trueth and puritie of religion , and peace of church and kingdome : but wee are not as yet perswaded , that your way is lawfull and convenient , for attayning to this ende . the ii. dvply . wee desire all troubles to bee prevented by allowable meanes , but are not perswaded to reckon in that number , this your covenanting , and conventions , which wee esteeme to haue beene the occasion of much trouble . as concerning your question , where-vnto yee so earnestlie requyre our answere , to wit , whether wee would haue receaved the bookes of service and canons , or vsed such meanes , as yee haue vsed for avoyding them ? yee shall know , that if we had beene of your judgement , concerning those bookes , wee would neyther haue receaved them , nor yet vsed anie meanes vnlawfull for opposing of them , ( such wee thinke your covenant and conventions , prohibited by authoritie to bee , vntill wee bee better informed ) but would haue vsed humble supplication to his majestie , for removing those evills : and if we had found no remeede thereby , would haue resolved , according to the practise of ancient christians , eyther to flee his majesties dominions , or else patientlie to suffer what-so-ever punishment it should haue pleased him to inflict . in the meane tyme , concerning those bookes of service and canons , wee rest content with his majesties gracious proclamation : and if heere-after our opinion of them shall bee asked by authoritie , wee shall sincerelie and vnpartially declare it . . your urging of vs agayne , with the saying of king james , forceth vs to manifest his meaning by his owne wordes , perhaps contrarie to your wish or expectation . that most wyse and religious king , neare the beginning of his booke , cōcerning the powder treason , wryteth expresselie , that such a rysing vp of the bodie , pro aris , & focis , & pro patre patriae , ought to be according to everie ones calling and facultie . which wordes at least doe import , that the moving of the politicke bodie , in whole , or in part , ought not to bee agaynst the will and direction of the head . this is cleare by that which the same king hath written in his booke entituled , the true law of free monarchies , where by manie strong arguments , hee doeth at length demonstrate , that in a free . monarchie , ( such hee proveth this his ancient kingdome of scotland to bee ) the subjects for no occasion or pretext what-so-ever , may take armes , without power from the king ; and much lesse agaynst him , whether hee bee a good king , or an oppressour ; whether godlie , or vngodlie ; altho the people haue might and strength humane . and comprehendeth the summe of all his discourse concerning this matter , in these words following . shortlie , then , to take vp in two or three sentences , grounded vpon all these argmentes , out of the law of god , the duetie & alleadgeance of the people to their lawfull king : their obedience , i say , ought to bee to him , as to god's lievtenant in earth , obeying his commands in all things , except directlie agaynst god , as the commands of gods minister ; acknowledging him a judge set by god over them , having power to judge them , but to bee judged onlie by god , whom to onlie hee must giue count of his judgement . fearing him , as their judge ; loving him , as their father ; praying for him , as their protectour ; for his continuance , if hee bee good ; for his amendement , if hee be wicked ; following and obeying his lawfull commands , eschewing and fleeing his furie in his vnlawfull , without resistance , but by fobbes and teares to god , according to that sentence vsed in the primitiue church in the tyme of the persecution , p●eces & lachryma , sunt armae ecclesiae : that is , prayers and teares , are the armes of the church . . ye tolde vs before , and now againe doe repeat it , that the first part of the act of parliament , is relatiue to another act in queene maries tyme , forbidding bands of manrent . wee knew that sufficientlie before yee tolde it , and passed by that part of your answere , as not pertinent for our argument : so that yee needed not now agayne , to put vs in mynde of it . but wee may justlie challenge you , for not answering that which wee objected , concerning the second part of that act ; for it reacheth farther , than that act made in queene maries tyme , and of new statuteth and ordaineth , that in tyme comming , no leagues or bands bee made amongst his majesties subjects of anie degree , vpon what-so-ever colour or pretence , without his highnesse or his successoures privitie and consent , had and obtayned thereto ; vnder the payne to be holden & execute as movers of sedition and unquyetnesse , &c. wherevnto also is consonant the act made in the parliament of king james the sixt , anno ; where it is statuted and ordayned by the king and his three estates , that none of his highnesse subjectes of what-so-ever qualitie , estate , or function they bee of , spirituall or temporall , presume or take vpon hand to convocate , conveane , or assemble themselues together , for holding of councells , conventions , or assemblies , to treate , consult , and determinate in anie matter of estate , civill or ecclesiasticall ( except in the ordinarie judgements ) without his majesties speciall commandement , or expresse licence had and obtayned to that effect , vnder the paynes ordayned by the lawes and acts of parliament , agaynst such as vnlawfullie convocate the kings liedges . and where-as yee finde fault , that wee dispute from the act of parliament , and that wee doe preciselie adheare to the letter of the law , wee pray you to consider , that the nature of this question leadeth vs to the act of parliament . beside , it seemeth strange , that yee should challenge vs in this kynde , since for justifying of your vnion ( as yee call it ) yee haue amassed a great number of acts of parliament , and inserted them in the booke of your covenant . wee omit the missapplying of these acts , which were made agaynst poperie , and not agaynst all these thinges , which yee doe now resist as popish . neyther can wee perceaue , how these acts of parlament adduced by you , to justifie your vnion , proue that poynt . more-over , some of these acts cited by you , as namelie , the act made in parliament anno , in so farre as it is agaynst episcopall government , and all other of that sort , are expreslie rescinded by a posterior act made in parliament anno . how could yee in a legall dispute , for justifying your vnion , produce rescinded acts , as if they were standing lawes , and passe by the posterior acts , which are yet lawes standing in vigour , whereby these other acts are rescinded ? 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. e. constitutiones tempore posteriores , potiores sunt his quae ipsas praecesserunt . ff . de constitutionibus principum , l. . . wee doe adheare in our former replye , not onlie to the letter , but also ( according to our conception , without prejudice of better information ) to the verie reason and lyfe of the law. the sentence cited by you , to wit , salus reipub. suprema lex esto , or the safetie of the common-wealth should bee the chiefe law , serveth for a good direction to rulers , in making or changing of lawes , or in judging according to them : whence in the lawes of the tables , these wordes are applyed to this purpose . this is observed by king james of blessed memorie , in his often mentioned booke of the true law of free monarchies : for albeit , sayeth hee , that i haue at lēgth proved , that the king is aboue the law , as both the author and giver of strēgth thereto ; yet a good king will not onlie delyte to rule his subjects by the law , but even will conforme himselfe in his owne actions therevnto , alwayes keeping that groūd , that the health of the cōmon-wealth be his chiefe law. and where he seeth the law doubt some , or rigorous , hee may interpret or mittigate the same , lest otherwyse summum jus bee summa injuria : but this sentence doeth no wayes warrand subjectes to refuse obedience to standing lawes , agaynst the will of the supreame law-giver , who is a speaking law. for this were to open a doore to all confusion , which would not prooue the safetie , but the ruine of the common-wealth . as for that which yee sayde before of the generall band , and confession of fayth , and which heere agayne yee doe alleadge for your covenant , wee haue signified our opinion thereof , in our preceeding dvplye . the responses and verdicts of juris-consults concerning your covenant , are not knowne to vs , nor yet the reasons & inducements , which moved them to giue out their declaration in your favoures , as yee alleadge . of obedience , due by subjects , to avthoritie . . the poynt touching royall authoritie , is not so full of thornes and rockes as yee giue out , if men would bee pleased vnpartiallie to holde the playne and patent way , layde before vs by holie scripture , and by orthodoxe antiquitie , and by manie eminent divynes in the reformed church , and learned politickes ; which wee shall heere make manifest , after the vindication of those three famous theologues , ( whitaker , bilson , and rivet ) whom yee would haue the reader to esteeme favourers of your opinion . . doctor whitakers wordes agaynst william raynold , translated into english , out of the latine edition at oppenheme , anno . pag. . are these , hee relateth the tumults and troubles , which were raysed for religion , in germanie , france , and boheme : as if that one thing were sufficient to condemne them , because once they did oppose themselues , and resisted the violence offered to god's trueth , and to themselues : where-as notwithstanding , fayth , oath , and publicke edicts , and finallie the lawes themselues gaue them warrand to doe the same . i will not say more of this matter , which is nowayes pertinent to the present purpose , especiallie seeing not onlie their just apologie , but also the edicts of the princes themselues haue liberated them from the cryme of rebellion . by these words of doctor whitaker , which yee haue cited , the reader may easilie perceaue , that hee doeth nowayes mayntayne or allowe taking of armes by subjects , without warrand of the publicke lawes , and approbation of the prince ; but excuseth what was done in those warres , by the allowance of the lawes and edicts of princes . . so also doctor bilson , in his booke entituled , the true difference betwixt christian subjection , and vnchristian rebellion , printed at oxford anno , pag. . in the wordes cited by you , declareth evidentlie , that hee speaketh of such republickes & states , as haue defences warranded by fundamentall covenant , in that governement . but what is that doctors mynde , concerning the duetie of subjects , in a free and absolute monarchie , is evident by his owne words in that same booke , pag. , where disputing agaynst a jesuit , hee sayeth ; warre for the catholicke religion , is both lawfull and honourable , you say : you must adde , of the subjectes agaynst their prince , or else you range cleane besides our question . wee stryue not what causes may leade christian princes to make warre on their neyghboures , but whether it bee lawfull or tollerable for the subject , to beare armes agaynst his naturall and absolute prince . you proue , which is nothing to our purpose . but , sir , in this enterpryze , the person must bee respected as well as the cause : bee the cause never so just , if the person bee not authorized by god to draw the sword , they bee no just nor lawfull warres . private men may not venter on warres , vnlesse they bee directly warranded by him that hath the sword from god. and agayne in that same booke , pag. , our saviour for teaching his , that they should bee brought before kings and rulers , and put to death , and hated of all men for his name sake : addeth not , as you would haue it , and hee that first rebelleth , but , hee that endureth to the ende , shall bee saved ; and agayne , not with violence restrayne them , but in patience possesse your owne soules . this is the way for all christian subjects to conquer tyrants , and this is the remedie provyded in the new testament agaynst all persecutions , not to resist powers , which god hath ordayned , lest wee bee damned : but with all meeknesse to suffer , that wee may bee crowned . and pag. . hee showeth , that manifolde formes of common-wealthes , make diverse men speake diverslie of the magistrates sword . and pag. . hee pleadeth , that the subjects in england , haue not that lawfull warrand , to draw the sword without consent of their prince , as the germanes haue without consent of the emperour ; and this discourse hee prosecuteth in some following pages . . the same is the meaning of doctor rivet , ( as wee take it ) in his commentarie vpon the psalme ; where he distinguisheth betweene an absolute principalitie , and such a principalitie as is onlie conditionall , pactionall , conventionall . of this second sort are to bee vnderstood , his words of just and necessarie defence . but of the absolute principalitie speaking in that same place , hee recommendeth to subjects , rather suffering of martyrdome . and this to bee his meaning , appeareth more clearlie by his last declaration concerning this question , in his late treatise entituled , jesuita vapulans : where beeing pressed by an adversarie , hee handleth this question of purpose . in the meane tyme , wee wonder verie much , that yee haue not directlie answered to these remarkeable wordes of doctor rivet , alleadged by vs in our replye , wherein hee playnlie averreth , that the doctrine of buchanane , knox , and goodman , concerning subjects resisting their lawfull princes , is not approved by anie sound protestant . wee expected from you , a full and particular answere ; and now agayne we would gladlie heare , whether yee approue the judgement of rivet , concerning that doctrine of these wryters , or not . . thus having vindicated these three divynes , which yee alleadge for you , wee come now to those testimonies which wee promised , for clearing of the playnnesse of the way touching authoritie . first , it is evident by holie scripture , that it is vnlawfull for subjects in a monarchicall estate , ( such as is this kingdome of scotland ) to take armes for religion , or for anie other pretence , without warrand and power from the prince , and supreame magistrate . for the scripture teacheth vs , that the sword belongeth onlie to the king , and to them who are sent by him , rom . . . pet. . . . that wee ought to keepe the king's commandement , and that in regarde of the oath of god , eccles . . . and , that wee should bee subject , not onlie for wrath , but also for conscience sake ; because the powers that bee , are ordayned of god : who-so-ever , there-fore , sayeth s. pavl , resisteth the power , resisteth the ordinance of god : and they that resist , shall receaue to themselues damnation , rom . . in the wordes of the apostle s. pavl , there is a remarkable opposition betwixt subjection and resistance , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; implying , that all militarie 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , whether defensiue , or offensiue , if it bee agaynst the superiour power , which god hath set over vs , is forbidden . in lyke manner we reade matthew . . that all they that take the sword , shall perish with the sword. now certayne it is , that in a free monarchie , subjects haue not the sword from god , except by the hand of the king , to whom onlie god hath immediatelie given it . and therefore who-so-ever taketh the sword without his warrand , hath just reason to feare the foresayde warning of our saviour . manie other places of scripture might bee adduced to this purpose , which for brevitie wee omit , and doe proceede in the next rowme to some testimonies of ancient fathers , & other wryters . . tertullian , in his apologeticke , chap. . and . and . telleth vs , that the ancient christians in his tyme , altho having an heathen and persecuting emperour , did honour him , as chosen of god , and second from god , and first after god ; and did choose rather to suffer , than to make resistance by force of armes , altho they lacked not number , and strength to doe it . . the lyke example haue we in that renowned thebaean legiō of christian souldioures , called agaunenses , from the place of their suffering , who without making resistance , as they had strength of hand to haue done , suffered themselues rather to bee slayne , for their christian profession , by the officers of maximian the emperour , executors of his cruell commandement agaynst them . this fell out in the yeare of diocletian , as ado viennensis wryteth in his chronicle , which was the yeare of god , as cardinall baronius reckoneth in his annalls . and of that their christian cowrage , and pious resolution , venantius fortunatus , an ancient bishop of poictiers , hath left vnto vs these encomiasticke lynes , in the second booke of his poëms , biblioth . patr. tom. . edit . . pag. . queis , positis gladiis , sunt arma è dogmate pauli , nomine pro christi dulcius esse mori . pectore belligero poterant qui vincere ferro , invitant jugulis vulnera chara suis . . gregorie nazianzen , in his first oration , speaking of the persecution by julian the apostate , when the christians were moe in number , and stronger in might of hand , to haue made open resistance , if they had in their consciences found it agreeable to their christian profession , declareth playnlie , that they had no other remedie agaynst that persecution , but patient suffering for christ , with gloriation in christ . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . . s. ambrose , having receaved imperiall commandement , to deliver the sacred houses , or churches , to bee possessed by the arians , declareth what hee thought convenient to bee done in such a case ; to wit , neyther to obey in that which hee could not performe with a good conscience , nor yet to resist by force of armes . his wordes to the people , ( concione . contra avxentivm ) are these ; why , then , are yee troubled ? i shall never willinglie leaue you . if i bee compelled , i can not gayn-stand . i may bee sorie , i may weepe , i may sigh . agaynst armes , souldiours , the goathes also , my teares are armes : for such are the guardes of a priest . other-wayes i neyther ought nor may resist . a and in the second booke of his epistles , and epistle , to his sister marcellina , speaking of that same purpose , hee sayeth ; b i shall not fortifie my selfe with a multitude of people about mee . — wee beseech , o emperovr . we fight not . — i may not deliver the church ; but i ought not make resistance . . such also was the doctrine and practise of manie other great lightes , which shyned in the dayes of julian the apostate , and in the dayes of the arrian emperoures , and gothicke arrian kinges . . s. augustine , wryting of a lawfull warre , acknowledgeth that onlie to bee lawfull , which hath authoritie from the prince . for it is much to bee regarded , ( sayeth hee ) for what causes , and by whose authoritie , men vndertake warres : but that naturall order , which is accommodated to the peace of mortall men , requireth this , that the authoritie and counsell of vndertaking warre , bee in the power of the prince . . the imperiall lawes doe say the same , ff . ad legem juliam majestatis . leg. . eadem lege tenetur , & qui injussu principis bellum gesserit , delectumve habuerit , exercitum comparaverit . et cod. vt armorum vsus inscio principe interdictus sit . nulli prorsus nobis insciis , atque inconsultis quorumlibet armorum movendorum copia tribuatur . these are the words of the emperoures valentinian and valens . et cod. de re militari , leg. . nemo miles . nemo miles vel sibi vacet , vel aliena obsequia sine nutu principali peragere audeat , &c. . bodin , in his first booke de republica , cap. . num. & . ( pag. . edit . latin. . vrsell . anno . ) reckoneth among the proper rights of majestie , the right and power to make warre : and this hee showeth to appertayne , in a free monarchie , to the prince onelie . . to this meaning sayeth peter martyr ; as concerning the efficient cause , it is certayne that warre may not bee made without the authoritie of the prince . for paull sayeth , that hee beareth the sword : therefore hee may giue it to whom hee willeth , and may take it from whom hee willeth . loc. com. class . . cap. . § . and a little after , to wit , § . hee reciteth and commendeth a saying of hostiensis to the same purpose . . calvin , in the fourth booke of his institvtion , in the last chapter of that booke , disputeth the question at length , and by manie strong argumentes evinceth , and concludeth , that it is no-wayes lawfull for subjectes , to resist their prince by force of armes ; whether the prince bee godlie , and just ; or vngodlie , and vnjust in his conversation , and commaundementes : and , that no-thing remayneth to subjectes in such a case , but to obey , or suffer . where vnderstand , that fleeing , is a sort of suffering . neyther are his wordes subjoyned in the sect. to wit , i speake allwayes of private men , &c. contrarie to this . for first calvin in this dispute , indifferentlie vseth the names of private men , and subjectes : and therefore , in the sect. at the beginning of it , hee tearmeth those of whose duetie hee disputeth , subjectes . and in-deede , who-so-ever is a subject , is also , in respect of the supreame ruler , a private man. although magistrates , who are vnder the king , bee publicke persons , in respect of their inferioures ; yet being considered , with relation to him that is supreame , . pet. . . they are but private . as in dialecticke , an intermediate genus , altho in respect of the inferiour species , it bee a genus ; yet in relation to the superiour genus , it is but a species . all power of governing , is so subjected to the supreame power , that what-so-ever is done agaynst the will of the supreame ruler , is destitute of that power ; and consequentlie , is to bee esteemed for a private act . for , as wee are taught by the philosophers , order can not bee , but with a reference to that which is first . hence king iames , in his booke of the true law of free monarchies , pag. . affirmeth , that all the people are but private men , the authoritie beeing allwayes with the magistrate . secondlie , this is manifest from the verie wordes of calvin , in that same sect. for there hee excepteth none from the necessitie of obeying , or suffering , when kinges command thinges vnjust ; but onelie popular magistrates , appoynted for restrayning the licentiousnesse of kinges . nowe , where such magistrates are erected , it is certayne , that a king , in such a common-wealth , hath not the supreame power : for if hee had the supreame power , none could force him , since an inferiour can not force his superiour . this can not bee done , but onelie by him , who is superiour , or at least aequall . thirdlie , this is cleare also by the examples adduced by calvin ; namelie , the lacedaemonian ephori , the romane tribunes , and the athenian demarchi . when the ephori were set vp in lacedaemon , the kinges of lacedaemon , were but kinges in name , and had not the supreame power , as it is confessed by the learned . so when the tribunes had their full power in rome , the supreame power was in the people : and in lyke manner it was in athens , , when the demarchi had power . therefore , from this no-thing can bee inferred for the lawfull resistance of subjectes , to a monarch , or king , properlie so called . fourthlie , calvin applying this to the kingdomes that nowe are , sayeth no more , but that peradventure the three estates assembled in parliament , haue that fame power , which the fore-mentioned ephori , &c. had . heere it is to bee marked , that hee sayeth onelie , peradventure it is so : which can bee no warrand to a man's conscience , in a matter of so great importance . for hee that resisteth his superiour by force of armes , should not onelie thinke , that peradventure hee hath power , but should bee assuredlie perswaded , that hee hath power so to doe . when there is no more said , but that peradventure such a thing is , it may bee as reasonablie sayde , peradventure such a thing is not . neyther doeth hee giue this power even peradventure , but to the the three estates assembled in parliament . hence the learned rivet , speaking of calvin his mynde in this place , sayeth , that hee giveth no power to people over monarchs , properlie so called . the same also is observed , concerning calvin his mynde , by albericus gentilis , in his third royall dispute . . the same doctrine also is delivered by king james of blessed memorie , in his booke entituled the true law of free monarchies , by hugo grotius in his first booke de jure belli & pacis , cap. . by leonhartus hutterus , in his common places , loc. . cap. . iohannes gerhardus in the tom . of his common places , in his treatise de magistratu politico , nvm . . where hee discourseth accuratelie of this matter : zepperus in his booke de politia ecclesiastica , in the last section of the chapter , pag. . edit . herborn . . albericus gentilis , in his regall disputations , disput . . de vi civium in regem semper injusta . iohn bishop of rochester , in his worke written agaynst bellarmine , de potestate papae in rebus temporalibus , lib . . cap. . class . . where hee adduceth a clowde of manie moe authors . m. antonius de dominis , in his booke called ostensio errorum francisci suarez , cap. . § . ioannes angelius werdenhagen , i. c. in his politica generalis , lib . . cap. . quest . . . by these testimonies wee intende not to lay vpon you , or anie of our countrey-men , anie imputation , or to take vpon vs to giue sentence concerning their proceedinges : but onlie beeing invited heereto by your last answeres , wee thought it our duetie , to signifie to the reader , that manie ancient and late famous wryters are not of that opinion , eyther to thinke the question touching authoritie , so full of rockes and thornes , as you call it , or yet to favour such a defensiue taking of armes , as you thinke to bee alleadged by whitaker , bilson , and rivet . . now to prosecute what remayneth of your answere : whereas yee say , that when yee justifie your covenants and conventions , yee meane not onlie the last and most remote endes , but the nearest and immediate ; wee pray you tell vs what yee meane by the nearest and immediate ende : if yee meane the object it selfe , ( which the schoole-men call finem intrinsecum & proximum ) then the lawfulnesse and equitie of the matter , vowed and promised in the covenant , is all one with the goodnesse of the ende of it . whence wee inferre , that seeing the matter promised by you in this your covenant , to wit , your mutuall defence agaynst all persons , none excepted , is in our judgement vnlawfull , and forbidden by a lawfull authoritie ; the ende , of your covenant is meerelie evill : but if by the nearest ende yee meane any thing which is diverse from the object , then wee still affirme agaynst the last part of your first answere , to our second demand , that conventions , and covenants , & all other actions , are to bee esteemed & judged of , first or principallie by the equitie of the object , and then by the goodnesse of the ends of it , whether they bee fines proximi , or fines remoti . . wee doe not joyne with the papistes , blamers of our reformation , ( as yee seeme to beare vpon vs ) because they hate and oppugne our reformed religion , which wee loue and defende . neyther doe wee take vpon vs to censure the proceedinges of our reformers : but wee stryue , by the grace of god , so to carrie in our owne tyme , and to walke wyselie in a perfect way , as our adversaries the papistes , may get no advantage to pleade for their vnwarrantable doctrine and practises , by anie pretence of our example . the iii. dvply . in your third answere , passing lightlie from our replye , yee fall into some vnexpected digressions , concerning the service booke and our thoughts thereof : we esteeme it a matter beyond the compasse of humane judicatorie , to sit vpon the thoughts of other men . as for those outward expressions , which yee alleadge vpon some of vs , of not seeing erroures in that booke , or groaning for it ; yee shall vnderstand , that such multiplicitie of popish erroures , as was alleadged by some of you , to bee in that booke , was invisible to some of vs. altho to enter in a particular examination or consideration , of everie poynt and sentence in that booke , is not now tyme nor place . neyther did anie of vs professe groaning for that booke in particular , but for an vniformitie of divyne service throughout this nationall kirke , and a more perfect forme than wee yet haue , that the publicke service were not permitted to the severall judgements , and private choyse of everie minister and reader . which also was thought convenient by the nationall assemblie of the kirke of scotland , holden at aberdene , anno . . whether that service booke ( now discharged ) contayneth anie innovation of religion , or anie thing contrarie to the protestant religion , ( as yee alleadge ) wee doe not dispute now . but we doe assuredlie belieue , the pietie and sinceritie of his majesties intention , ever to haue beene , and still constantlie to bee , as it is graciouslie declared by his majesties late proclamation . and wee are certaynlie perswaded , that his majestie hath given order , to discharge all the actes of counsell , made anent the canons , and service-booke ; and are crediblie informed , that they are discharged by act of counsell , [ at holie-rood-house , the fift of julie last ] according to the order given by his majestie . also , wee see no such just cause of feare , as may import your alleadged necessitie of covenanting ; seeing his majestie will not presse anie thing of that nature , but in such a fayre and legall way , as shall satisfie all his loving subjectes : and , that hee neyther intendeth innovations in religion nor lawes ; as wee declared in our former replye , to which yee haue not sufficientlie answered . neyther was it necessarie , for removing of anie just feares , that his sacred majestie should disallowe that service-booke , as yee requyre ; but it was sufficient , to discharge it , in manner foresayde . . yee doe conclude your answere vnto our thirde replye , with an vncouth and incredible position , whereof yee bring no proofe at all , but onelie this bare assertion ; who-so-ever professe them-selues , to bee perfectlie satisfied with the proclamation , doe proclayme in the eares of all the kingdome , that they are better pleased with the service-booke , and canons , than with the religion , as it hath beene professed in this land since the reformation . this your thesis , is so evidentlie weake , that we neede no more for the over-throwe there-of , but to oppose there-vnto this our playne and vndenyable antithesis ; who professe them-selues to bee perfectlie satisfied with that proclamation , where-by the service-booke is discharged , & the religion professed in this land since the reformation , is established , doe proclayme in the eares of all the kingdome , that they are better pleased with the religion professed in this land since the reformation , than with the service-booke , and canons . the iv. dvply . yee alleadged a before , and now agayne doe affirme , that wee haue mistaken your interpretation of the olde covenant , as if it had beene given out judiciallie by you , and , as if yee had intended to enforce it vpon others . to free your selues of this imputation , yee sayde in your first answere , that yee intended onlie to make knowne your owne meaning according to the mynde of our reformers , and in charitie to recommend it to others . hence wee inferred in our replye , that yee ought not to obtrude your interpretation vpon vs , nor molest anie man for not receaving the same . to this now yee say in your second answere ; altho you neyther vse threatnings , nor obtrude your interpretation vpon vs , yet wee must pardon you , if yee match vs not with the greatest part of this kingdome , in whose name , by all fayre meanes yee recommend it to vs. truelie , brethren , wee are not offended with you , for preferring the judgement of so manie , to our judgement , who are but few in number : neyther neede yee to craue pardon of vs for this . but concerning these fayre meanes , and that force of reason whereby , yee say , yee recommend your interpretation of the olde covenant to vs , pardon vs , if the experience wee haue , both of your wrytings and proceedinges , make vs to oppose this your assertion . for in your wrytings wee expected indeede , but haue not found that force of reason , whereof yee speake : and as for the proceedinges of those who haue subscrybed your covenant , wee of all men haue least reason to belieue that they vse no threatninges , seeing wee heare daylie so much their threatnings agaynst our selues . . where-as for clearing of that which yee sayde before , concerning the mynde of our reformers , yee affirme , that the authoritatiue judgement of our reformers is evident , not onlie by the confession of fayth ratified in parliament , but also by the bookes of discipline , acts of generall assemblies , and by their owne writs : first , wee marvell , how yee can say , that the private writings of master knox , and others , who with him were instruments of that great worke of reformation , haue publicke authoritie to obliedge the subjectes of this kingdome . the legislatiue , and obligatorie power of the church , is onlie in synods or conventions of bishops and presbyters , and not in particular persons expressing their myndes apart . next , this church in the former age , by abrogating the office of superintendents , established in the first booke of discipline , hath declared , that the statutes & ordinances contayned in those bookes , are not of an authoritie perpetuallie obligatorie , but may bee altered or abrogated by the church , according to the exigencie of tyme. the same lykewyse is manifest by the abrogation of summarie excommunication , which this church did abolish , altho it was established in generall assemblies , wherein master knox , and other reformers , were present . wee neede not to insist much in this , seeing so manie of you , who are subscribents , mis-regarde the ordinances of our reformers , praefixed to the psalme booke , concerning the office of superintendentes , or bishopes , funerall sermones , and set formes of prayer , which they appoynted , to bee publicklie read in the church . hence the reader may perceaue , that ye haue no warrand for your interpretation of the olde covenant , from the authoritatiue , and obligatorie judgement , of the reformers ; seeing yee can not ground it vpon the confession of fayth ratified in parliament . as for those other meanes mentioned by vs , to wit , scripture , antiquie , and consent of the reformed churches ; that they truelie make for vs , and agaynst you , the vnpartiall reader may perceaue , by these our disputes . whether or not episcopacie , and pearth articles , bee abjured in the late covenant . . as for the second miss-taking mentioned by you in your answere , wee did showe in our replye , that in your covenant , pearth articles , and episcopacie , are abjured . and for proving of this , wee asked of you , what yee meaned by the recoverie and libertie of the gospell , as it was established and professed before the fore-sayde novations ? and what is that period of tyme , to which your wordes there haue reference ? that is , whether it bee that period of tyme , when the service-booke , and booke of canons , were vrged vpon you ? or if it bee the tyme , when pearth articles , and episcopacie , were receaved in this church ? but , truelie , your answere to this , is no-wayes satisfactorie , nor hath so much as a showe of satisfaction . for yee are afrayd to expresse that period of tyme , lest yee bee forced to graunt , that which wee before objected . and yet your speach bewrayeth you : for seeing yee answere onelie to that which wee sayde concerning the last of these two periods , wee collect , that by the recoverie of the libertie and puritie of the gospell , as it was established before the fore-sayd novations , yee meane the reducing of the policie of this church , vnto that estate in which it was , before pearth articles , and episcopacie , were established . and hence wee inferre , as wee did before , that in that part of your covenant , yee condemne and abjure pearth articles , and episcopacie , as contrarie to the puritie and libertie of the gospell . . yee seeme to answere , that in that part of your covenant , yee condemne not pearth articles , and episcopacie , but those abuses and corruptions , which haue accompanied them ; such as the superstitious observing of dayes , cessation from worke on those dayes , feasting , guysing , and the grosse abuses , which haue entered in the sacrament , vpon kneeling before the elementes : and , that in respect of these abuses , wee who allow pearth articles , and episcopacie , may sweare without prejudice of our cause , to recover the puritie and libertie of the gospell , as it was established , and professed , before these novations . . but , first , let anie indifferent , or vnpartiall man , who knoweth the state of our chvrch , judge , whether or not it bee lyklie , that your vowe , of the recovering the libertie and puritie of the gospell , as it was before episcopacie , and pearth articles , were introduced , importeth onelie an intention of removing of the consequentes of pearth articles , and episcopacie , and not of the removing of those thinges them-selues ? truelie , wee are perswaded , that they who knowe the state of this chvrch , and your mynde , concerning these thinges , will thinke this your glosse of your owne wordes , to bee violent , and excogitated for cluding our argument . . secondlie : who can thinke , that yee , and others , contryvers of the late covenant , who condemne pearth articles , and episcopacie , as much as yee doe the consequentes of them , haue onelie vowed , to remoue their consequentes , and not remoue them-selues ? . thirdlie , is it possible , that anie can promise and vowe , to labour for the curing of so manie , and so great pretended diseases of this church , ( wee meane these abuses which yee say , haue accompanied pearth articles and episcopacie , ) and in the meane tyme promise , and intende nothing concerning the removing of the causes of them ? . fourthlie , how can wee , without great prejudice of our cause , acknowledge , that these grosse abuses mentioned by you , haue entred in the sacrament , by kneeling before the elements ? ( yee should haue sayde at the receaving of the elements ) for seeing kneeling at the receaving of the sacrament , is confessed by vs to bee a matter indifferent ; if in our oath , wee acknowledge these grosse abuses to haue entred in vpon kneeling , it will probablie follow in the judgement of some , and in your judgement , who recommend this oath vnto vs , it will follow infalliblie , that kneeling for the evill consequences thereof , ought to bee removed . doe yee not heere cunninglie deale with vs ? for altho yee vrge vs not , as yee say , to sweare and promise the removing of kneeling , yet yee vrge vs , by your owne confession , to promise the removing of these abuses occasioned by kneeling : which beeing acknowledged by vs , yee will then take vpon you to demonstrate , that kneeling it selfe ought to bee removed : for yee holde it for a maxime , that thinges indifferent , beeing abused and polluted with superstition , should bee abolished . wee can not sufficientlie marvell , how yee who are of this mynde , can say to vs , that wee who allowe pearth articles and episcopacie , may sweare to recover the libertie and puritie of the gospell , as it was before , &c. for yee meane , that wee may doe so , without prejudice of our cause . but wee haue alreadie showne , that according to your judgement and doctrine , if wee sweare that which yee would haue vs to sweare , our cause shall bee much prejudged , yea , vtterlie lost . . fiftlie : howe can wee sweare , to remoue these grosse abuses entered in vpon kneeling , as yee alleadge ; seeing wee thinke , that no such abuses haue entered in vpon it ? yea , our people , trye them who please , will show , that they are as free from all erronious conceits , concerning that holie sacrament , as anie living in these congregations where kneeling is daylie cryed downe . sixtlie , as for these abuses and corruptions , reckoned vp by you , as the consequentes of the observation of festivall dayes , to passe by that which before wee marked concerning kneeling , to wit , that the granting of this were a great prejudice to our cause , some of these are not abuses at all , as , cessation from worke . agayne , some of them haue not come in vpon the observation of the articles of pearth , as guysing , and feasting , ( yee meane excessiue feasting , for otherwyse it is not an abuse ) which onlie fall foorth on christ-mas feastivitie . for sure wee are , that these abuses haue not come by the anniversarie commemoration of chist's nativitie , in the which by the ordinance of pearth assemblie , all superstitious observation , and prophanation of that day , or anie other day , is prohibited , and appoynted to be rebuked . this the reverend and learned bishop of edinbvrgh , in his defence of the act of pearth assemblie , concerning feastivities , pag. . proveth , because ( sayeth hee ) wee haue lacked preaching vpon christ-mas day , these fiftie seaven yeares by-gone , in our church , yet ryot , prophanenesse , surfet , and drunkennesse , haue not beene wanting . . seaventhlie , as for superstitious observation of dayes , ( whereof hitherto wee haue had no experience ) wee marvell , that yee can reckon it , amongst the consequentes of the observation of dayes : seeing in your judgement , it is all one with the observation of dayes . for yee thinke the observation of anie daye , except the lord's day , to bee , in the owne nature of it , superstitious , and will-worship . . as for the last part of your answere to our argument , concerning the fore-sayde period of tyme ; where yee alleadge , that manie corruptions , of popish and arminian doctrine , haue entered in the kirke , &c. wee aske you , whether yee designe heere an other period of tyme , than yee did before ? or if yee designe onlie this selfe-same period of tyme , ( in the which both the fore-sayde practicall abuses , and these doctrinall corruptions , haue entered into this church , accompanying , a yee alleadge , pearth articles , and episcopacie ? ) or , last of all , if yee designe no period of tyme at all ? if yee take you to this last , professing , that yee haue heere designed no period of tyme ; then yee answere not our argument , where-in wee particularlie , and expresslie posed you , concerning that period of tyme , vnto which your wordes cited oft before , haue reference . if yee designe the same period of tyme , then looke howe yee can escape our praeceeding argumentes , concerning that period of tyme. . but if yee designe an other period of tyme , then wee aske you , whether it bee prior , or posterior , to the period of tyme alreadie mentioned ; to wit , the tyme praeceeding the bringing in of the articles of pearth ? yee can not say , that it is posterior to it : for yee complayned of arminian corruptions , even before pearth assemblie ; branding some of the most learned of our church , with that aspersion . and of popish corruptions of doctrine , yee complayned , when pearth articles , and episcopacie , were established . for the doctrines , of the lawfulnesse and expediencie of these thinges , are , in your judgement , meerlie popish , and antichristian . neyther can yee say , that it is prior to the fore-sayde period of tyme : for the tyme praeceeding the in-bringing of pearth articles , comprehendeth all that tract of tyme which interveaned betwixt the reformation , and pearth assemblie . . but wee will yet more evidentlie convince you , by two other arguments , drawne from that part of your covenant , of which wee are now speaking , and from the wordes of this your answere , to our fourth replye ; for first in your covenant yee promise , and also will haue vs to promise with you , to forebeare for a tyme , the practise of pearth articles , vntill they bee tryed , as yee say , in a free assemblie . but this forbearance importeth a manifest prejudice , and wronging of our cause : for this is a fore-acknowledgement , eyther of the vnlawfulnesse , or else of the inexpediencie of the matters , concluded in pearth assemblie . for wherefore ought wee in this exigence of the church , to forbeare the practise of pearth articles , rather than of other rites of the church , except for some greater evill comprehended in them ? this will appeare more evident , if wee shall consider the reason alleadged by you , pag. , wherefore wee ought now to forbeare the practise of these articles : to wit , because in the case of scandall , and sensible feare of superstition , wee ought to doe so . now this case of scandall is not in your judgement , a temporarie , but a perpetuall consequent of pearth articles . for yee thinke it will ever scandalize the papists , as if we were approaching to them : lykewyse yee thinke everie one of them , and especiallie kneeling , to bee inductiue to sinne , ex conditione operis , by the verie nature and qualitie of the worke it selfe . whence it followeth , that they are necessarilie and immutablie scandalous ; for what-so-ever agreeth to anie thing , in respect of the nature of it , it agreeth to it necessarilie and immutablie . if therefore wee in this respect , sweare the forbearance of pearth articles , wee shall bee holden to forbeare pearth articles , not for a tyme , but for ever . . next , wee pray you consider , what is meaned by the foresayde novations , in that part of your covenant , wherein yee promise to labour to recover the libertie and puritie of the gospell , as it was before the foresayde novations . certaynlie these wordes can not bee vnderstood of novations to bee introduced , and which haue not as yet entred vnto our church . for the libertie ▪ and puritie of the church is not as yet lost , yea , not impared by them , and so needeth not to bee recovered by the removing of them . they must then be vnderstood of the novations mentioned in the parenthesis of your covenant ; that , is of all innovations alreadie introduced by authoritie , and their alleadged consequentes , which yee promise to forbeare , vntill they bee allowed , and tryed by a free assemblie . hence anie man may conclude , that altho in your parenthesis , yee promise onlie to forbeare these novations for a tyme , yet in the wordes immediatelie following , yee condemne and abjure them . for the recovering of the libertie and puritie of the gospell , as it was established before the foresayde novations , importeth manifestlie a removing of all these novations , which eyther in themselues , or in respect of their consequents , are contrarie to the puritie and libertie of the gospell . but all novations alreadie introduced , are in your judgement of this kynde , and there-fore your vowe , of the recovering the libertie and puritie of the gospell , importeth a removing of all the fore-sayde novations . . to conclude this argument : yee may see , that wee haue pryed no more narrowlie into the expressions of your covenant , than wee had reason ; and haue laboured , not to scarre our selues , and others , with meere shadowes , as yee affirme . of our argvment , ad hominem , and the weake retorsion of it , by the answeres . . nowe wee come to our argument , or syllogisme , ad hominem , which hath so pinched you , that yee haue not attempted to answere to anie of the propositions of it . our intention in that argument , was to proue , that whether pearth articles bee abjured in the late covenant , or not ; yet yee ( who came hither , to giue vs satisfaction concerning the covenant ) can not , with a safe conscience , averre , or declare to vs , that they are not abjured in it . this wee did evidentlie proue , reasoning thus : what-so-ever rites are abjured in the olde covenant , they are also , in your judgement , abjured in the late covenant . but pearth articles , and episcopacie , are , in your judgement , abjured in the olde covenant : ergo , they are , in your judgement , abjured in the late covenant : and , consequentlie , if yee deale sincerelie with vs , ye must averre , that they are also abjured in the late covenant . . to this yee say , first , that what-so-ever be your judgement , as yee are particular persons , yet , at this tyme , yee were to bee taken , as commissioners from the whole companie of subscrybers . truelie wee did take you so ; and did thinke , that yee who were commissioners from such a multitude of good christians , would haue tolde vs your mynde sincerelie , concerning the full extent of the late covenant ; and , that yee would neyther haue affirmed anie thing as commissioners , which yee doe not thinke to bee true , as yee are particular persons ; nor yet would haue laboured , so to insnare vs , as to haue bidden vs subscrybe a covenant , reallie , and indeede , in your judgement , abjuring those thinges , which wee , with a safe conscience , can not abjure . for , in your judgement , pearth articles , and episcopacie , are most reallie abjured in the late covenant , although yee playnlie affirme the contrarie , in your answeres to our fourth , fift , and sixt demaund . and ( which is much to bee noted ) in your answere to our tenth demaund , yee affirme , concerning your selues , that yee , in this late covenant , haue promised onelie forbearance of pearth articles . wee wonder much , howe yee can say so . for who-so-ever by their oath haue tyed themselues to a confession , in the which they firmlie belieue pearth articles , and episcopacie , to bee abjured , those haue indeede abjured pearth articles , and episcopacie . but yee in the late covenant , haue tyed your selues by your oath , to the little confession , or olde covenant , in the which yee firmlie belieue , episcopacie , and pearth articles , to bee abjured : ergo , in your late covenant yee haue abjured pearth articles , and episcopacie : and not onelie yee , but all those who are of that same mynde with you . whence wee inferred , in that tenth demaund , that none of you can vote freelie in the intended assemblie , concerning pearth articles , and episcopacie . . secondlie , yee say , that if others of the subscribents , who are of our judgement , ( that is , who are not perswaded that pearth articles , and episcopacie , are abjured in the olde covenant , ) had come as commissioners at this tyme to vs , our argument ad hominem , had beene anticipated , because it would not haue beene pertinent for them . but yee are deceaved , for wee haue ever looked principallie to these , who were the first contryvers of the late covenant , or had speciall hand in it , that is , to your selues , and to others , who these manie yeares by-gone , haue opposed pearth articles , and episcopacie , as popish corruptions , abjured in the olde covenant ; and consequentlie haue , in this late covenant , ( in the which that former covenant is renewed ) by your owne personall oath , abjured pearth articles , and episcopacie . if then that other sort of commissioners had come vnto vs , wee would haue sayde to them , that wee can not sweare the late covenant , because pearth articles , and episcopacie , are in it abjured . and this wee would haue proved by the lyke argumēt ad hominem , that is , by an argument grounded vpon the judgement of the contryvers of the late covenant : as yee may easilie perceaue . . thirdlie , yee say , that wee haue perceaved the insufficiencie of our argument , because wee objected this to our selues : that seeing wee thinke pearth articles , and episcopacie , not to bee abjured in the olde covenant , wee may subscrybe the new covenant , in the which that olde covenant is renewed . truelie yee might haue alleadged this , if wee had propounded that objection , and had left it vnanswered . but wee answered it ▪ and brought some reasons ( which yee wyselie did passe by , perceaving the force of them ) to show , that wee can not convenientlie subscrybe your late covenant , notwithstanding of our judgement , or rather opinion of the meaning of the olde covenant . we say opinion : for to speake truelie what we thinke , wee doubt , and so doe others with vs , concerning the meaning of some parts of the olde covenant , touching matters of ecclesiasticall policie , and haue not so full a perswasion in our myndes concerning those parts , as may bee to vs a warrand of our oath . . fourthlie , where-as yee say , that it was not for vs to inquyre in your private opinion , concerning the meaning of the late covenant , in that part of it , where it tyeth vs to the inviolable observation of the olde covenant , nor was it necessarie for you , to make it knowne to vs ; wee answere , that wee inquired not your private opinion , but the common judgement of all those , who with you these twentie yeares by past , haue accused vs of perjurie , for the alleadged violation of the olde covenant , sworne by our praedecessoures . and truelie wee had more than reason to doe so ; because wee most justlie feared , that yee , who haue so oft accused vs of perjurie , for practising rites and ceremonies abjured , as yee alleadge , in the olde covenant , sworne by our praedecessoures , would much more vehementlie ; yea , also with a greater show of probabilitie , accuse vs of perjurie , for violation of the olde covenant , sworne and ratified by our selues in this late covenant , if wee should stand to the defence of pearth articles in tyme to come . it became vs therefore , for eschewing of this inconvenient , to inquyre of you , and you also sincerelie and playnlie to declare to vs , whether or not wee may subscrybe & sweare the new covenant , as it includeth and ratifieth the olde , and yet bee reallie free from all abjuration , or condemning pearth articles , and episcopacie ? and lykewyse whether or not yee , and all others who are of your mynde , will holde and esteeme vs free from abjuration of them , not-with-standing of our subscrybing of your covenant . these questions requyre a punctuall aunswere . for if our subscrybing of your covenant , may eyther import a reall abjuration of pearth articles , or if it may make you to thinke , that by vertue of our subscription , wee are reallie , and in-deede , bound to reject them for ever ; neyther can wee , with a good conscience , subscrybe your covenant ; neyther can yee , with a good conscience , requyre it of vs. . fiftlie , from our refusing to subscrybe the late covenant , in so farre as it reneweth the olde covenant , or little confession ; because that confession , according to your interpretation , or conception of it , importeth an abjuration of pearth articles , yee collect , first , that vpon this ground wee would not haue subscrybed the late confession anie tyme by-past . secondlie , that wee can not sweare the confession of anie church , no , not the articles of the creed , petitions of the lord's prayer , nor praeceptes of the ten commandements , in respect of the diverse interpretations , which men giue of them . wee answere , first , that since the little confession , is not of divine authoritie , and since the humane authoritie which it had , hath these manie yeares by-gone ceassed , ( as the peaceable warning , latelie given to the subjectes in scotland , proveth ) wee would haue refused our subscription vnto it , ever since wee heard , that it importeth an abjuration of all rites , and ceremonies , which were not receaved in our chvrch in the yeare ; except wee had gotten some evidence to the contrarie , sufficientlie satisfying our myndes . secondlie : as for the creed , lord's prayer , and tenne commandements , your argument taken from the varietie of mens expositions of them , is farre from the purpose . for , since wee are perswaded , that the author , or penne-men of them , neyther intended , nor yet delivered anie thing in them , but trueth : and that their expression is authenticke , wee are bound to embrace , and receaue them , not-with-standing of the varietie of interpretations , which men giue of them : neyther is it lawfull to vs , to refuse our subscription , or assent , to them , what-so-ever be the judgement or assent of those who requyre it of vs : beeing allwayes bound to acknowledge the infallible authoritie of them , even when wee doubt of the true meaning of them . thirdlie : as for anie of these later confessions of churches , if the case bee such , as nowe it is in this particular of this late covenant , that is , if wee bee not bound by anie standing lawe , to subscrybe it , and if it bee so lyable to the varietie of interpretations , that it may probablie import that which wee thinke to bee contrarie to the trveth , and if these who requyre our subscription , bee , in our judgement , opposers of the trueth , in anie poynt contayned in that confession , & may make advantage of our subscription , alleadging , that wee are tyed by it , to consent to their doctrines , or practises : we may justlie , in such a case , denye our subscription to that confession , for the ambiguitie of it ; and much more may desire those who vrge vs to subscrybe it , to declare vnto ●s , before wee giue our svbscription , whether , or not , that confession , in their judgement , will tye vs to their doctrines , and practises . . last of all : in modestie , as yee say , but with a jesting complement , yee present vnto vs , a dish ▪ of our owne dressing : yee meane , the lyke argument , ad hominem ; which is this : the rites and ceremonies which are not abjured in the negatiue confession , are not abjured in this late covenant : but the rites and ceremonies , which were concluded in pearth assemblie , are not abjured ▪ as yee say , in the negatiue confession , made anno ; therefore they are not abjured in this late covenant . the first proposition , as yee say , is evident , because in the late covenant wee are bound no farther , concerning the negatiue confession , but to keepe it inviolable : and there-fore , what rites are not abjured there , are not abjured heere . lyke-wyse yee say , that the second proposition can not bee denyed by vs , in respect these twentie yeares by-gone , wee haue thought our selues free of perjurie , not-with-standing of the oath made , and of our conforming our selues to the ordinance of pearth . good brethren , yee haue retorted this . argument verie weaklie vpon vs. for , first , wee flatlie denye the major of your syllogisme ; and withall doe repell the confirmation of it . for altho pearth articles , were not abjured in the late covenant , in so farre as it reneweth the negatiue confession ; yet they may bee , and , as it is alreadie proven , they are abjured in that other part of your late covenant , where yee vowe and promise , to recover the libertie and puritie of the gospell , as it was established and professed before the fore-sayde novations-next , as for your minor , or second proposition , wee suspend our judgement of it , vntill wee bee better informed and advysed : doubting , as wee sayde before , concerning the meaning of those parts of the olde covenant , which concerne matters of rite or ceremonie . neyther doeth the confirmation of your minor trouble vs ; for wee haue thought our selues free of perjurie these twentie yeares by-gone , not for anie certayne perswasion which wee had , that pearth articles are not abjured in the olde covenant ; but because wee did not personallie sweare that covenant , and are not tyed to it , by the oath ▪ of those who did subscrybe it : which wee are readie to demonstrate by irrefragable argumentes . yee see then your argument retorted vpon vs , pearceth vs not at all : and the reader , may perceaue that our argument hath beene so forciblie throwne vpon you , that yee haue not taken vpon you to answere anie part of it . if ye had had evidence of the trueth for you , yee would not onlie haue retorted our argument , but also by answering it punctuallie , showne , that it strayteth not you : and if yee had beene exact resolvers , yee would not haue gone about to haue satisfied vs with a naked argument in contrarium . . before wee leaue this poynt , that it may bee knowne to all , what reason wee haue to insist in this our argument , ad hominem , and that wee haue proponed it , not to catch advantage of you , but to get satisfaction to our owne myndes , concerning the covenant , and your sinceritie in vrging vs to subscrybe it , wee will collect out of that which hath bene alreadie sayd , some interrogatories , which wee pray you to answere punctuallie , if yee intende to giue vs satisfaction . the first is , whether or not your declaration of the extent of the late covemant , to wit , that it extendeth not it selfe to the abjuration of pearth articles , bee not onlie vera , true in it selfe , but also verax , that is , consonant to your mynde , and to the mynde of the chiefe contryvers of it ? the reason where-fore wee propone this question , yee will perceaue by these that follow . secondlie , seeing yee and others the chiefe contryvers of the olde covenant , haue beene ever of this mynde , that pearth articles , and episcopacie , are abjured in it ; wee aske , whether yee all tying your selues by this late covenant , to the inviolable observation of the olde covenant , haue tyed your selues to it in all the particular poynts , which yee conceaved to bee contayned in it , or onelie in some of them ? did yee by mentall reservation , except anie part of that olde covenant , or in particular did yee except that part of it , in the which , perpetuall continuance in the doctrine & discipline of this church is promised ? or if that part was not excepted , did yee put anie new glosse vpon it which it had not before ? and if yee did not , whether or not yee renewing the oath of perpetuall observation , of the doctrine and discipline of this church , as it was anno , haue not onlie reallie , but also according to your owne conception of that part of the olde covenant , abjured all rites and ceremonies , added to the discipline of this church , since the fore-sayde yeare ; and consequentlie , the articles of pearth , and episcopacie ? thirdlie , seeing yee so confidentlie averre , that pearth articles are abjured in the olde covenant , howe can yee denye them to bee abjured in the new covenant , except yee acknowledge a substantiall difference , betwixt the olde and new covenant ? fourthlie , if yee grant that they are reallie and indeed abjured in the late covenant , how can yee faythfullie and sincerelie say to vs , or to anie other , that they are not abjured in it ? fiftlie , how can yee , and all others , ( who with you haue reallie , and also according to your owne conception of the olde covenant , abjured pearth articles , and episcopacie , by renewing of it ) voyce freelie , in the intended assemblie , concerning these thinges ; seeing yee are tyed by your oath , to condemne and abrogate them ? sixtlie , how can wee concurre with you in an oath , wherein wee are infalliblie perswaded that yee haue abjured pearth articles , and episcopacie ? seaventhlie , if wee concurre with you in that oath , will yee not ( as wee objected in our replye , but yee haue not answered it ) thinke vs bound by our oath , to condemne pearth articles , and episcopacie ? and will not yee thinke your selues bound in conscience to tell vs , and all others , that which yee thinke to bee trueth , and may make much for your cause , to wit , that the wordes of the covenant haue but one sense , and that in that one sense pearth articles are abjured ? . yee , and all others , may nowe see , howe injustlie yee sayde , that wee would haue the covenanters , agaynst their intention , and whether they will or not , to dis-allowe , and condemne pearth articles , and episcopall governement , lest they bee tryed in a free assemblie . god knoweth , how farre wee detest all such dealing , and this vindication of our two argumentes ( wee added also a third , but yee haue swallowed it ) brought by vs , to proue , that pearth articles , and episcopacie , are abjured in your late covenant , will sufficientlie cleare vs of this imputation , to all vnpartiall readers . . wee did not onelie alleadge , as yee say , that your supplications to his majestie were fullie satisfied , by the last proclamation ; but grounding an argument vpon your answere , to our fourth demaund , wee reasoned thus : if in all your supplications , yee haue onelie sought the removing of the service-booke , booke of canons , and new high commission ; not complayning of anie other novations , alreadie introduced : and , seeing his majestie hath graunted this vnto you , what reason haue yee to say , that his majestie hath not satisfied your supplications ? this our argument , yee haue turned to a meere alleadgeance , lest yee should haue troubled your selues , with answering it . vvhether , or not , we may forbeare the practise of pearth articles , vntill they bee tryed in a free assemblie . . wee come now to the consideration of that , which your covenant , by your owne confession , tyeth vs to ; to wit , the forbearance of pearth articles , vntill they bee tryed in a free assemblie . and first , where-as yee say , that the vrging of the service booke , is a sufficient reason for forbearance of pearth articles , till an assemblie ; wee professe , that wee can not see the equitie , and force of this reason . for the service-booke may be holden out , albeit pearth articles were not forborne at this tyme ; yea , altho they should never bee removed . and the more obedient , subjects were at this tyme , to his majesties lawes allreadie established , the greater hope might they haue of obtayning their desires . . ye bring argumēts , to proue the lawfulnes of the forbearance of novations alreadie introduced . one is , that the articles of pearth establishing them , were cōcluded onlie for satisfying the king , and not to presse anie man with the practise of them : and because the act it selfe ( yee meane the act concerning kneeling ) giveth warrand , to forbeare the practise of them at this tyme , when the memorie of superstition is revived . but this reason doeth no wayes satisfie our consciences . for , to begin with the last part of your answere ; the memorie of svperstitiovs celebration of the lord's svpper , is not renewed in this kingdome , for ought wee know . and , if yee meane , that it is renewed by the service-booke ; suppone that were true , yet , yee know , the service-booke is discharged , by the act of councell , at his majesties commandement . secondlie , the act of pearth , giveth no warrand to forbeare kneeling , vpon everie suspition or apprehension of superstition , re-entring vnto this church . your argument , which yee brought to proue this , from the narratiue of that act , in your answere to our nynth demaund , is confuted moste playnlie by vs in our replye to your aunswere : and wee shall agayne speake of it in our dvplye , to your second answere concerning that demaund . . as for the other two parts of your reason , they are contrarie to the verie wordes of the acts of pearth assemblie . the first part is contrarie to the narratiue of all these acts , wherein no mention is made of satisfying the king , but of other motiues taken from the expediencie , or vtilitie of the matters themselues . the second part is contrarie to the tenour of the decision , or determination of these acts : in the which by these formall wordes , the assemblie thinketh good : the assemblie ordayneth : kneeling in the celebration of the sacrament , feastivall dayes , &c. are enjoyned . . wee heare of a childish , and ridiculous concept of some , who thinke that these wordes , the assemblie thinketh good , importe not an ecclesiasticke constitution , but a meere advyse , or counsell . this apprehension proceedeth from ignorance : for that phrase is most frequentlie vsed by councells , in their decrees . in that apostolicke councell , mentioned acts , the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , are expresslie vsed , verse . . . in the councell of ancyra , can. . & . the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is vsed . in that great and first o ecumenicke councell of nice , can. , yee haue these wordes ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , can. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , can. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . in the third councell of carthage , can. . . & . the word placuit is vsed , & in codice canonum ecclesiae africanae graeco-latino passim habetur vox placvit 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . and from the greeke word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the decrees of the apostolicke councell were called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , act. . - yea , also the civill decree of caesar augustus , lvke . verse . is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , edictum , placitum . and in the civill lawe , the constitutions of emperoures , are called principum placita , instit . de jure naturali , § . . & . quod principi placuit , legis habet vigorem , sayeth vlpianus , ff . de constit . principum , lege : where quod principi placuit , signifieth as much , as quod princeps constituit . . your other reason , ( which yee bring to proue the lawfulnesse of the forbearance of pearth articles ) is , that it is lawfull to sweare the forbearance of a thing indifferent , in the case of scandall , and sensible feare of superstition , in others . yea , yee thinke , that by doing so , yee haue sworne obedience to the commandement of god , which forbiddeth the doing of that where-by others may bee scandalized . this reason moveth vs no more than the first : for , as for your feare of farther superstition , it is now groundlesse , and causelesse , in respect of the gracious promises contayned in his majesties proclamation . but although it were a feare justlie conceaved , and although the eschewing of an evill justlie feared , bee a thing good , and desirable ; yet wee ought not , for the eschewing of it , disobey the lawfull commaundementes of our superioures . for this were to doe evill , that good might come of it ; which the apostle condemneth ; rom . . verse . of scandall ; and whether or not wee may denye obedience to the lawes of our superiours , for feare of scandall causleslie taken ? . as for that other motiue of scandall , for which yee alleadge , that wee who thinke the matters concluded in pearth assemblie , to bee indifferent , and lawfull , may sweare the forbearance of them ; wee pray you , tell vs , what kynd of scandall it is , which , as yee alleadge , is taken at the practise of pearth articles ? yee knowe , that passiue scandall , is eyther procured by the enormitie or irregularitie of the fact it selfe , ( to wit , when eyther it is a sinne , or else hath a manifest showe of sinne ) or else it is not procured , but causeleslie taken by some , eyther through malice , or else through weaknesse . nowe , which of these two sortes of scandall whould yee haue vs to acknowledge , in the practise of pearth articles ? if the first , then yee would haue vs to condemne pearth articles , before they bee tryed in a free assemblie : which is contrarie to your protestation , and no lesse contrarie to our resolution . for , if wee acknowledge anie enormitie in the practise of pearth articles , ex ipsa conditione operis , wee shall bee holden to condemne them , and abstayne from them for ever . . if yee will haue vs to acknowledge , that the scandall following vpon the practise of pearth articles , is of the second sort , that is , is causeleslie taken ; and , that for such a scandall , whether it bee taken through weaknesse , or malice , wee ought to abstayne from the doing of a thing indifferent , although it bee enjoyned by a lawfull authoritie ; ( for yee generallie affirme , that all thinges , which are not necessarie , and directlie commaunded by god him-selfe , ought to bee omitted , for anie scandall what-so-ever , altho it bee causeleslie , yea , and most maliciouslie taken , and that not-with-standing of anie humane precept , or lawe , enjoying them . see the dispute agaynst the english popish ceremonies , part. . cap. . sect. . & . item cap. . sect. . ) then wee protest , that wee differ so farre from you in this poynt , that wee thinke , that for no scandall , causeleslie taken , can wee sweare such a forbearance of pearth articles , as yee would haue vs. and wee marvell from whence yee haue learned this strange , and moste haske doctrine , that for scandall , causeleslie , yea , maliciouslie taken , a man may totallie , and absolutelie , denye obedience , to the lawes of superioures . . the author of the dispute even now cited , alleadgeth for his opinion , some schoole-men , acknowledging the trueth of it : and hee nameth cajetane , and bannez , who ( sayeth hee ) affirme , that wee should abstayne , even a spiritualibus non necessariis , when scandall aryseth out of them . hee might haue cited for this tenet , thomas , and all his interpreters , ( even altho hee had beene but slenderlie acquaynt with them ) as well as these two : for they all doe say so . but truelie he much mis-taketh them , when hee alleadgeth them for his opinion . for , first , none of them ever taught , that wee ought to abstayne totallie and altogether , from anie spirituall duetie for the scandall , eyther of the weake , or malicious . secondlie , when thomas and others following him , say , that bona spiritualia non necessaria sunt dimittenda propter scandalum , they speake directlie de eis quae sunt sub consilio , non vero sub praecepto , of matters of councell , and not commanded by anie authoritie , divyne or humane : and the most which they say of them , is , that such thinges sunt interdum occultanda , vel ad tempus differenda , that is , may at some tymes , and in some places , bee omitted , for eschewing the scandall of the weake . thirdlie , the most accurate casuists , and jnterpreters of thomas , differ much about this question , whether or not , thinges that are commanded by positiue lawes , civill , and ecclesiasticall , may bee omitted at any tyme , for eschewing scandalum pusillorum , the scandall of the weake . dyverse of them denye this , to wit , navarrus , in manual . cap. . § . . vasquez , tom. . tract . de scandalo , dubio primo , § . . becanus in summa theologiae , part. . tom. posteriori , tract . . cap. . quaest. . ferdin . de castro palao , in opere morali , tract . . disp. . punct . . duvallius , in am ae divae thomae , tract . de charitate , quaest . . art. . and for their judgement , they cite thomas , durandus , almainus , anton. florent . and manie others . fourthlie : those of them who thinke , that thinges commanded by humane lawes , may bee omitted in the case of scandall , admit not , as yee doe , such an omission of the thing commaunded , in the case of scandall , as is conjoyned with a flatte disclayming of the authoritie of the lawe . for they tell vs , that wee ought not , for anie scandall of the weake , denye obedience to the precepts , or lawes , of our superioures , when-so-ever all other circumstances beeing considered , wee are tyed , or obliedged , to the obedience of them . the omission , then , of the thing commaunded , which they allowe , is onelie a partiall and occasionall forbearance , and not a totall abstinence from obedience , or disclayming the authoritie of the lawe . see valentia , tom. . disp. . quaest . . punct . . & suarez , de triplici virtute , tract . . disp. . sect. . § . . . but the forbearance of pearth articles , which yee requyre of vs , is conjoyned with a flatte disclayming of the authoritie of all the laws which established them . and yee will haue vs to forbeare these articles , at this tyme , when all the particular circumstances , which wee ought to regarde , beeing considered , wee are tyed to obedience of them ; especiallie , if wee looke to the will and mynd of the law-givers , and of our present superioures . wee justlie say , that you will haue vs to disclayme , all-to-gether , the authoritie of these lawe : for who-so-ever resolue , and determine , not to practise pearth articles , vntill they bee tryed in a new assemblie , and established by a new parliament ; these are purposed , never to obey them , except they bee tyed by new lawes and actes , concluded in a new assemblie , and parliament : and , consequentlie , are resolved , never to regarde and obeye the lawes or actes of pearth assemblie , and the parliament , which established these thinges . but so it is , yee would haue vs to resolue , yea , to promise , and sweare , not to practise pearth articles , vntill they bee tryed in a new assemblie , and established by a new parliament : ergo , yee would haue vs to promise , not to practise perth articles , except wee bee tyed , or obliedged , by new lawes , to practise them : and , consequentlie . would haue vs , never to regarde , or obey , the actes of pearth assemblie , and parliament . . this kynde of forbearance , to wit , which is conjoyned with a playne disclayming of the authoritie of the lawes made by our superioures , can not bee excused with your pretence of scandall causeleslie taken . this wee proue : first , by a position granted by your selues , and so evidentlie true , that no man can denye it . the author of the dispute , agaynst english popish ceremonies , part. . cap. . sect. . sayeth , that it were scandall , not to obey thb lawes of the church , when they prescrybe thinges necessarie , or expedient for the eschewing of scandall : and , that it were contempt , to refuse obedience to the lawes of the church , when wee are not certaynlie perswaded , of the vnlawfulnesse or inexpediencie of things commanded . now , if such a refusing of obedience , bee both a contempt , and a scandall , it followeth manifestlie , that no man for eschewing of scandall causeleslie taken , ought in such a case to refuse obedience . hence wee reason thus : who-so-ever are not perswaded of the vnlawfulnesse or inexpediencie , of the things commanded by their superioures ; and on the contrare thinke them to bee expedient ad vitandum scandalum ; these ought not for eschewing of scandall , refuse obedience to the lawes and ordinances of their superioures . but so it is , wee are neyther perswaded of the vnlawfulnesse , nor of the inexpediencie of pearth articles : yea , on the contrarie , wee thinke that the acts of pearth assemblie , enjoyneth thinges verie expedient for eschewing of scandall : ergo , wee ought not for eschewing of scandall causeleslie taken , to refuse obedience to them . the major of this our first argument , is alreadie proven . the minor is conforme to the light of our owne consciences , as god knoweth : and therefore so long as wee are of this mynde , wee can not denye obedience to the ordinances of our superioures , for anie feare of scandall causeleslie taken . . secondlie , that which may bee removed by information or instruction , can not bee a warrand to vs , of a totall abstinence from the obedience of lawes , or , which is all one , of an avowed disclayming of the authoritie of them . but the scandall of the weake , taken by the practise of pearth articles , may bee removed by information , or instruction : ergo , it can not bee a warrand to vs , of a totall disclayming of the authoritie of the laws , whereby these articles were established . . thirdlie : if for scandalls taken , especiallie by the malicious , wee may disclayme the authoritie of a law , then wee may ever disclayme the authoritie of all lawes , of the church or estate . for there is nothing commanded by lawes , but some , eyther through weaknesse , or through malice , may take offence at it . . fourthlie , wee ought not for eschewing scandall causeleslie taken , to injure or offend anie man , by denying to him , that which is due to him , and therefore wee ought not , for eschewing scandall causeleslie taken , to offend and injure our superioures , in church and policie , by denying to them that obedience which is due to them . the antecedent is cleare by manie examples . for if a man bee excommunicated , shall his wyfe , children , and servants flee his companie , and so denye to him these dueties which they owe to him , for feare that others bee scandalized , by their keeping of companie with an excommunicate person ? and if they may not for eschewing of scandall , abstayne from these dueties , which they owe to a private person , much lesse may wee abstayne from that obedience , which we owe to our superioures , having publicke charges in church and policie , for eschewing of scandals causeleslie taken by others . . fiftlie , what if the thing commanded , bee enjoyned by the civill magistrate , vnder payne of death , and by ecclesiasticall authoritie , vnder payne of excommunication , shall wee for feare of a scandall causeleslie taken , which may bee removed by information , or for the scandall of the malicious , who will not bee informed at all , abstayne from the doing of a thing lawfull and expedient , enjoyned by authoritie , and by so doing , incurre these most grievous punishments of death temporall , and spirituall ? wee belieue , that your selues , who speake most of scandall , would bee loath to take such a yoke vpon you . . sixtlie , the denying of obedience , to the lawfull commandements of our superioures , is forbidden in the fift commandement , and consequentlie it is a sinne . shall wee then for a scandall causeleslie taken , denye obedience to our superioures , and so incurre the guiltiness of sinne ? yee commonlie answere to this , that the negatiue part of the fift commandement , which forbiddeth the resisting of the power , rom . . vers . and in generall the denying of obedience to superioures , is to bee vnderstood with the exception of the case of anie scandall taken by others . for if wee see , ( say yee ) that anie may , or will take offence , at the doing of that which is commanded by our superioures , wee are not holden to obey them : and our denying of obedience to them in such a case , is not forbidden in that commandement . . but , first , wee aske , what warrand yee haue to say , that the negatiue part of the fift commaundement , is to bee vnderstoode with the exception of the case of scandall , more than other negatiue preceptes of the second table ? secondlie : as men may take offence , eyther though weaknesse , or malice , at our doing of the thing commaunded ; so they are moste readie to stumble at our denying of obedience to the lawfull commaundementes of our superioures : for they will take occasion , by our carriage , to doe that , vnto which by nature , they are moste enclyned ; to wit , to vilipende lawes , and the authoritie of their superioures . shall wee , then , for the eschewing of a scandall causeleslie taken , not onelie refuse to our superioures , the duetie of obedience , which they craue of vs ; but also incurre an other scandall , and that a farre more perilous one . thirdlie : wee haue alreadie showne , that the negatiue parte of the fift commaundement , is not allwayes to bee vnderstoode with the exception of the case of scandall causeleslie taken . for , wyues , children , and servantes , must not denye obedience , and familiar conversation to their husbandes , parentes , and masters , which are excommunicated , for feare that others , through weaknesse , or malice , bee scandalized there-at . fourthly : as yee saye , that the precept concerning obedience to superioures , is to bee vnderstoode with the exception of the case of scandall causeleslie taken ; so wee , with farre better reason , saye , that the precept , of eschewing scandall causeleslie taken , is to bee vnderstoode with the exception of the case of obedience peremptorlie requyred , by our lawfull superioures , as wee shall showe in our next argument . vvhether the precept of obedience to svperiovrs , or the precept of eschewing scandall , be more obligatorie ? . last of all : when a man is peremptorlie vrged by his superioures , to obey their lawfull commandements , and in the meane tyme feareth , that if hee doe the thing commanded by them , some , through weaknesse , shall be scandalized , by his carriage ; in this case , hee is not onlie in a difficultie , or strait , betwixt the commandement of man , and the commandement of god , who forbiddeth vs to doe that where-by our weake brother may bee offended ; but also hee seemeth to bee in a strayt betwixt two of god's commandementes ; to wit , betwixt that precept which forbiddeth the doing of anie thing , where-by the weake may bee scandalized , and that other precept which forbiddeth the resisting of authoritie ; and telleth vs , that who-so-ever resisteth the power , resisteth the ordinance of god. nowe , seeing god's preceptes are not repugnant one to another , neyther doeth god by his lawes laye vpon vs a necessitie of sinning , out of all question , in this case , wee are fred from the obligation of one of these preceptes : and that which doeth not so strictlie tye vs , or is lesse obligatorie , must needs giue place to the other , which is of greater obligation . yee commonlie saye , that the precept of obedience to humane authoritie , must giue place to the precept of eschewing scandall , altho it bee causeleslie taken : and , to confirme your assertion , yee saye , that the ordinance of a superiour , can not make that fact to bee free of scandall , which other-wayes would bee scandalous ; and , that a fact , vpon which anie scandall followeth , ought not to bee done for the commaundement of man. whence yee collect , that , in such a case , wee ought not to regarde , or obeye , the commaundement of our superioures . . this your reason can not bee good , because we can easilie retort the argument , and saye to you , that in such a case wee ought not to regarde the scandall causeleslie taken by our weake brethren , so farre , as to denye simplie , and absolutelie , obedience to our superioures for it ; and that because the sinne of disobedience ought to be eschewed : and no scandall of weake brethren causeleslie taken , can make that fact , not to bee the sinne of disobedience , which other-wayes , that is , extra casum scandali , would bee the sinne of disobedience . for it is certayne , that ( laying aside the case of scandall ) to denye obedience to the ordinance of our superioures , enjoyning , and peremptorlie requyring of vs , thinges lawfull , and expedient , is reallie the sinne of disobedience . yee will saye , that the scandall of weake brethren , may make that fact , or omission , not to bee disobedience , which otherwayes would bee disobedience ; because wee ought not for the commaundement of man , doe that where-by our weake brother may bee offended : and so the precept of obedience bindeth not , when offence of a weake brother may bee feared . on the contrarie wee saye , that the lawfull commaundement of superioures , may make that scandall of our weake brethren , not to bee imputed vnto vs , which other-wayes would bee imputed vnto vs , as a matter of our guiltinesse ; because wee ought not , for feare of scandall causeleslie taken , denye obedience to the lawfull commaundementes of our superioures . . agayne , yee say , that when scandall of weake brethren may bee feared , the precept of obedience is not obligatorie , in respect the thing commaunded by our superioures , altho it bee in it selfe lawfull , yet it becommeth vnexpedient , in respect of the scandall which may followe vpon it . nowe , ( saye yee ) the ordinances of our superioures are not obligatorie , when the thinges commaunded by them are vnexpedient . wee , on the contrarie , saye , that when our superioures requyre of vs obedience to their lawfull commaundementes , the precept of eschewing scandall , is not obligatorie ; in respect wee ought not , for scandall causeleslie taken , omit necessarie dueties , which god in his law requyreth of vs : in which number , wee moste justlie doe reckon , the dvetie of obedience , which wee owe to the lawfull commaundementes of our superioures . . as for that which yee saye , that when scandall may bee taken at the doing of the thing commanded , then the thing commanded becommeth inexpedient , and so ought not to bee obeyed ; that yee bee not more deceaved by this errour , wee pray you marke , that a thing commanded by our superioures , in church , or policie , may bee two wayes inexpedient , to wit , eyther in respect of some particular persons , who through weaknesse or malice doe stumble at it , or else in respect of the bodie in generall , because it is contrarie to order , decencie , and edification . if the thing commanded bee inexpedient the first way onlie , wee may indeed , in such a case , for eschewing the scandall of the weake , forbeare the practise of the thing commanded hic , & nunc , in some particu●ar places , and tymes : provyding alwayes wee doe this , without offence of our supericures , and without the scandall of others , who by our forbearance may bee made to vilipend the authoritie of lawes . but wee , can not in such a case totallie and absolutelie , denye obedience to a law , as wee haue alreadie proven . neyther is your argument brought to the contrarie valide , in respect wee ought more to looke to the vtilitie and benefite , which the bodie of the church may receaue by the thing commanded , and by our obedience to our superioures , than to the harme which some particular persons may receaue there-by . . if the thing commanded , bee in our private judgement inexpedient the second way , wee ought not for that to denye obedience to the lawes of the church ; for when the inexpediencie of a thing is questionable , & probable arguments may bee brought pro and contra , concerning the expediencie of it , wee haue sufficient warrand to practise it , if the church by her publicke decree hath declared , that shee thinketh it expedient . your errour , who are of the contrarie mynde , is verie dangerous , & may proue most pernicious to the church , for it maketh the church obnoxious to perpetual schisme , & disconformitie in matters of externall policie : in respect men ordinarilie are divyded in judgement , concerning the expediencie of these thinges . suppone , then , that in a synode consisting of an hundreth pastors , threescore of them thinke this , or that particular ceremonie to bee expedient for the good of the church ; and in respect of the plurality of their voices , mak an act to be concluded for the establishing of it , shall the remnant fourtie , who are of the contrarie judgement , denye obedience to the act of the synode , because they are perswaded , that the thing concluded is inexpedient ; and shall they by doing so , rent the bodie of the church ? truelie , if wee were all of your mynde , wee should never haue peace nor vnitie in this church . yee will say , perhaps , that this our argument , is popish , and leadeth men to acquiesee , without tryall , or examination , in the decrees of the church . wee answere , that in matters of fayth , the trueth where-of may bee infalliblie concluded out of god's word , wee ought not , without tryall , to acquiesce into the decrees of the church . and in this respect wee dissent from the papistes , who ascrybe too much to the authoritie of councells , as if their decrees were infallible . but in matters of policie , if we bee certayne , that in their owne nature they are indifferent , and if the expediencie of them onlie bee called in question , seeing no certayne conclusion , concerning their expediencie , can bee infalliblie drawne out of god's word , which hath not determined , whether this or that particular rite bee agreeable to order , decencie , and aedification ; wee ought to acquiesce into the decree or constitution of the chvrch , altho it bee not of infallible authoritie : and that partlie because it is impossible , that other-wayes wee can agree in one conclusion , concerning matters of this nature ; and partlie , because if wee denye obedience to the decree of the chvrch in such matters , our disobedience shall proue farre more vnexpedient , and hurtfull to the chvrch , than our obedience can bee . . seeing , then , what-so-ever yee haue hither-to sayde , concerning the question proponed by vs , may bee easilie aunswered , with a retortion of the argument , vpon your selues ; that wee may eschewe all such logomachie , wee must take some other course , and trye which of these two preceptes is in it selfe of greater moment , and obligation : for thence wee may collect , which of these two preceptes doeth obliedge vs in the case foresayde ; the other giving place to it , and not obliedging vs at all , in that case . if yee say , that the precept which forbiddeth vs to doe that where-by our weake brother may bee scandalized , is in it selfe more obligatorie , or doeth more strictlie tye vs to the obedience of it , as beeing of greater moment , yee must bring a solid reason for you , which wee thinke yee will hardlie finde . wee knowe yee saye , that the precept concerning scandall , is more obligatorie , and of greater moment ; because it concerneth the losse of the soule of a brother : but this reason is not valide ; first , in respect our brother , if hee bee scandalized , by our obedience to our superioures , sinneth not by our default , who doe obey : for our carriage , in giving obedience , is such , as may rather aedifie our brother . secondlie : the precept which forbiddeth disobedience , concerneth the losse both of our owne soules , and of the soules of others , who may bee entysed to that sin , by our denying obedience , to the lawfull commandements of our superiours . thirdlie . if that praecept of eschewing scandall , causeleslie taken , doe so strictlie obliedge vs , when our superioures requyre obedience of vs , it may happen , that a man shall bee in an inextricable perplexitie , not knowing whether hee shall obey , or denye obedience to the commandements of his superioures : in respect hee may feare the scandall of the weake , whether hee obey , or denye obedience . for , as wee sayde before , manie are most readie to bee scandalized by our denying of obedience to our superioures , in thinges lawfull , and otherwyse expedient : and that because wee by nature are most vnwilling to bee curbed , and to haue our libertie restrayned , by the lawes of our supeperioures . for this cause ( as calvin judiciouslie noteth , instit . lib. . cap. . § . . ) god to allure vs to the duetie of obedience to our superiouree , called all superioures , parentes , in the fift commandement . . but wee , with good warrand , doe averre , that the precept which forbiddeth resisting of the civill power , and in generall the denying of obedience to the lawfull commandements of our superioures , is of greater obligation and moment . and , first , wee proue this by an argument taken from the dyverse degrees of that care , which wee ought to haue of the salvation of others : for this care tyeth vs to three thinges ; to wit , first , to the doing of that which may be aedificatiue , and maye giue a good example to all . secondlie : to the eschewing of that which may bee scandalous , or an evill example to all ; that is , to the eschewing of everie thing , which is eyther sinne , or hath a manifest showe of sinne . thirdlie : to abstayne even from that , which altho it bee lawfull , yet it may bee , to some particular persons , an occasion of sinne . of these , the first two are most to bee regarded , in respect they concerne the good of all , which is to bee preferred to the good of particular persons . hence wee inferre that the precept of obedience to superioures , which prescrybeth an act aedificatiue to all , because it is an exercise of a moste eminent and necessarie vertue , is more obligatorie , and of greater moment , than the precept of eschewing scandall , causeleslie taken , by some particular persons . . secondlie : that the praecept of obedience to our superioures , is of greater moment , and consequentlie more obligatorie , than the precept of eschewing scandall ; is evident by these reasons which are brought by our divynes , to show where-fore the fift commaundement , hath the first place in the second table : to wit , first , because it commeth nearest to the nature of religion or pietie , commanded in the first table , whence ( as your owne amesius noteth in his medulla , lib. . cap. . § . . ) the honouring and obeying of parents , is called by prophane authors , religion and pietie . secondlie : this precept , is the ground and sinewe , ( sayeth pareus , in his catecheticke explication of the fift precept , ) of the obedience which is to bee given to all the rest of the precepts , of the second table . two reasons are commonlie brought of this : one is , that all societies , oeconomicke , civill and ecclesiasticall , doe consist and are conserved , by the submission or subjection of inferioures to superioures , which beeing removed , confusion necessarilie followeth . the other is , that the obedience of this precept , maketh way to the obedience of all the rest . for our superioures are set over vs , to the ende , that they may make vs to doe our duetie to all others . and consequentlie our obedience to them , is a meane instituted by god , to procure our obedience to all the rest of the precepts of the second table . now , would yee know what followeth out of this , let your owne amesius , whose wordes are more gracious vnto you , than ours , tell you it : seeing ( sayth he , cap. citato , § . ) humane societie hath the place of a foundation or ground , in respect of other dueties , of justice and charitie , which are commanded in the second table of the law : therefore these crymes which directlie procure the perturbation , confusion , and eversion of it , are more grievous than the violations of the singular praecepts . now we subsume : the denying of obedience to superioures , injoyning such thinges as in them-selues are lawfull and exdient , directlie procureth the perturbation and confusion of humane societie . and therefore it is a cryme greater than the violation of other particular praecepts of the second table . for this cause , dionysius bishop of alexandria , in his epistle ad novatum , cited before , declaring how much the vnitie of the church ( which is most frequentlie marred by the disobedience of inferioures to their superioures , ) ought to bee regarded , sayeth , that martyrdome suffered for eschewing of schisme , is more glorious , than martyrdome suffered for eschewing idolatrie . . thirdlie : these offices , or dueties , which wee owe to others , by way of justice , are more strictlie obligatorie , than these which wee owe to them , onelie by way of charitie . and consequentlie , these praecepts which prescrybe dueties of justice , are of greater obligation , than these which prescrybe dueties of charitie onelie . but wee owe the duetie of obedience to our superiours , by way of justice , and therefore it is more obligatorie , than the duetie of eschewing scandall causleslie taken , which is a duetie onlie of charitie . the major , or first proposition of this argument , is cleare of it selfe , as beeing a maxime not onelie receaved by the scholastickes and popish casuists ▪ but also by our divynes . see your owne amesius , in his medulla ; lib. . cap. . § . . . . . . . where hee not onlie proponeth this maxime , but also proveth it by two most evident examples . the minor is lykewyse cleare : for , first , the duetie of obedience , which wee owe to the publicke lawes of the church and kingdome , belongeth to that generall justice , which is called justitia legalis . for the legall justice , as it is in inferiours , or subjects , it is a vertue inclyning them to the obedience of all lawes , made for the benefite of the common-wealth , as aristotle declareth in his booke of the ethickes , cap. . secondlie : debitum obedientiae , the debt of obedience , which wee owe to our superioures , is not onlie debitum morale , a debt or duetie , vnto which wee are tyed by morall honestie , and god's commandement , but also debitum legale , or debitum justitiae , ( quod viz. fundatur in proprio jure alterius ) a debt grounded vpon the true and proper right , which our superioures haue to exact this duetie of vs ; so that they may accuse vs of injurie , and censure vs , if wee performe it not . there is great difference betwixt these two sorts of debt ; and the last is farre more obligatorie , than the first : as for example , a man oweth moneys to the poore , by a morall debt , but to his creditor hee oweth them by a legall debt , or debt of justice : and therefore , hee is more strictlie oblieged to pay his creditor , than to giue almes . such-lyke , by morall honestie , and god's precept also , a man oweth to his neyghbour , a pious carefulnesse , to impede sinne in him , by admonition , instruction , good example , and by omission even of thinges lawfull , when hee foreseeth that his neyghbour in respect of his weaknesse , will bee scandalized by them . but his neyghbour hath not such a right to exact these thinges of him , neyther can hee haue action agaynst him , for not performing of them , as our lawfull superioures haue for our due obedience . in what sense the administration of the sacraments , in private places , was thought indifferent in pearth assemblie . . in our replye wee professed , that wee can not abstayne presentlie from private baptisme , and private communion , beeing requyred to administrate these sacraments to such persons , as can not come , or bee brought to the church . hence , first , yee take occasion to object to vs , that the state of the question concerning pearth articles , is quyte altered , in respect wee and our associates , did ever before alleadge the question to bee of things indifferent , but now we thinke them to bee so necessarie , that altho the generall assemblie of the church should discharge them , wee behoved still to practise them : wee answere , first , that the assemblie of pearth hath determined nothing , of the indifferencie or necessitie of these thinges . secondlie : if anie who allowed these articles , did at that tyme in their discourses and speaches call them indifferent , they meaned onlie , that in the celebration of these sacramentes , the circumstances of place and tyme are thinges indifferent of their owne nature : or , which is all one , that wee are not so tyed to the administration of them in the church , and at tymes appoynted for sermon , but wee may celebrate them in private houses , and at other tymes . but judicious and learned men , even then thought the denying of these sacramentes to persons , who can not come , or bee brought to the church , to bee a restrayning of the meanes of grace , altogether vnwarrandable by god's word . whence yee may collect , whether or not they thought it to bee vnlawfull . thirdlie : yee haue no warrand from our replye , to say , that wee would not abstayne from private baptisme , and communion , altho our nationall assemblie should discharge them . for as wee are verie vnwilling to omit anie necessarie duetie of our calling : so wee carrie a singular respect to lawfull authoritie , and to the peace , and unitie of the church ; abhorring schisme , as the verie pest of the church . but of this wee shall speake heereafter in the thirteenth duplye . . next , yee say , if wee haue the same judgement of kneeling , in the receaving of the communion , and of feastivall dayes , it commeth to passe among vs which hath beene incident to the church in former ages , that thinges haue beene first brought in as indifferent , then vrged as necessarie . certaynlie , brethren , none are so guiltie of this , as your selues , and your associates : for yee haue now made some thinges to be esteemed necessarie by your followers , which haue beene accounted indifferent , not onlie since the reformation , but these fifteene hundreth yeares by-gone . and in some other thinges , which the auncient church did wyselie forbid , yee doe now make the libertie and puritie of the gospell to consist . as for vs , wee stand as wee stood before , and doe yet thinke kneeling in the receaving of the sacrament , and the fiue feastivall dayes , to bee rites indifferent in their owne nature ; but indeede verie profitable , and edificatiue , if pastors would doe their duetie in making their people sensible , of the lawfulnesse and expediencie of them . . wee are of the same judgement concerning confirmation , which calvin , wryting vpon hebr. . . acknowledgeth , to haue beene vndoubtedlie delyvered to the church , by the apostles : and with the same author , in the fourth booke of his institut . cap. , § . . wee wish , that the vse of it were agayne restored : so farre are we from that partiall dealing with the articles of pearth , which yee object vnto vs. what hath moved our most reverende prelates , to abstayne hitherto from the practising of it , wee know not : they can themselues best satisfie you in this poynt . and wee modestlie judge , that this omission hath proceeded from weyghtie & regardable causes . it was sufficient for vs , to haue a care of our owne dueties , in our particular stations . but the vrging and pressing of that practise vpon the bishops , requyreth higher authoritie , than ours . in the meane tyme , ye know the bishops never disclaymed the authoritie of that act of pearth , concerning confirmation , or of any other of these acts , as yee haue done , who haue beene hitherto professed and avowed disobeyers of them all . wherefore wee wish you , heereafter not to bring this omission of the bishops , in the matter of confirmation , as an argument for that forbearance of pearth articles , which yee requyre of vs : for there is a great difference betwixt the omission of a duetie commanded by a law , and an avowed , or professed , yea , sworne disobedience of the law. . last of all , whereas ye say , that we , by maintaining the necessitie of private baptisme & cōmunion , doe condemne the practise of this our church , frō the reformatiō , till pearth assemblie , & put no small guiltinesse vpon other reformed churches , who vse not private baptisme and communion at all , but abstayne from them as dangerous : wee answere , that wee haue , in all modestie , proponed our owne judgement , concerning private baptisme , and private communion , neminem judicantes ( as cyprian sayde of olde , in consilio carthag . in praefat . ) nor taking vpon vs , to censure or condemne the practise eyther of this church , in tymes preceeding pearth assemblie , or of other reformed churches . wee can not indeede denye , but wee dissent from them : and if this bee a condemning of them , wee may no lesse justlie say to you , that you condemne the practise and doctrine not onlie of our reformers , in the particulars mentioned before in this same dvplye , but also of dyverse reformed churches , and of the ancient church , as wee declared in our sixt demand , and shall agayne speake of it in our sixt dvplye . a defence of ovr doctrine and practise , concerning the celebration of baptisme and the lord's svpper , in private places . . yee desire vs , wyselie to consider , whether the desire which our people haue of baptisme and communion , in tyme of sicknesse , bee not occasioned by prevayling of poperie , and through a superstitious conceat that people haue of these sacraments , as necessarie to salvation . wee are loath to come short of you in dueties of charitie , espciallie in good wishes ; and therefore , wee lykewyse wish you , wyselie to consider , whether the neglect of these sacraments in the tyme of sicknesse , which is in manie parts of the kingdome , proceede not from some want of a sufficient knowledge , and due esteeme of the fruites of these high and heavenlie mysteries . . it is well that yee acknowledge , that we minister these sacraments in private , as necessarie onelie by the necessitie of the commandement of god ; but with all yee conceaue , that our people imagine , or seeme to imagine them to bee so necessarie meanes , as that god hath tyed his grace to them . wee desire you to judge charitablie of those who are vnknowne to you ; and with all wee declare , that neyther wee doe teach our people , nor doe they thinke , for ought wee did ever know , that baptisme is so necessarie a meane vnto salvation , that without it god can not , or will not saue anie : yea , on the contrarie , wee are confident , that when baptisme is earnestlie sought for , or vnfeygnedlie desired , and yet can not bee had , the prayers of the parentes , and of the church , are accepted by god , in stead of the ordinarie meane , the vse where-of is hindered , by vnavoidable necessitie : and so in this wee depart from the rigid tenet of papistes . on the other part , wee lykewyse teach , and accordinglie our people learne , that baptisme is the ordinarie meane of our enterance into the chvrch , and of our regeneration ; to the vse where-of , god , by his commaundement , hath tyed vs. . if the commaundement of our saviour , matth . . . goe yee , there-fore , and teach all nations , baptizing them , in the name of the father , and of the sonne , and of the holie ghost , tye not parentes to seeke baptisme to their children , and pastors to administer , when it is sought , then haue wee no commaundement at all , for baptizing of infantes , which is an anabaptisticall absurditie : but if parentes and pastors , are tyed by this commaundement , then parents ought to seeke baptisme , to their dying children , not baptized before : ( for then , or never ) and pastors must accordinglie performe that duetie then , which is incumbent vpon them . this is that which king james of blessed memorie , in a conference at hampton-court , pag. , reporteth him-selfe , to haue aunswered to a scotish minister , whyle hee was in scotland : the minister asked , if hee thought baptisme so necessarie , that if it bee omitted , the chyld should bee damned ? no , sayde the king ; but if you beeing called to baptize the chyld , though privatelie , should refuse to come , i thinke you should bee damned . . yee say , ( to avoyde the strength of this argument ) that the necessitie of the commandement , standeth onlie for baptisme in publicke ; and , that no praecept requyreth baptisme , but when it can bee had orderlie , with all the circumstances thereof : whereof yee say this is one , that it bee administred in the presence of that visible kirke , whereof the children are to bee members . thus , first , yee condemne as vnlawfull the administration of baptisme even in the church , god-fathers , and god-mothers , beeing present , if the whole congregation bee not present there ; and the lyke doctrine wee finde in others , also cited on the margine , which soundeth so harshlie in the eares of some of your owne adherentes , that they can not bee perswaded that this is your doctrine . secondlie : the commandement of christ tying vs to baptisme , hath no such addition eyther of the presence of the congregation , or yet of the materiall kirke . this belongeth but to the solemnitie , and not to the necessarie lawfull vse of baptisme . where god hath tyed this solemnitie to baptisme , yee can not show by holie scripture : but where god hath tyed vs to baptisme , wee haue alreadie showne . it is true , solemnities should not bee lightlie omitted : but the law sayeth , when evident equitie requyreth , they may bee dispensed with : for according to that same law , that which is chiefe and principall , should not bee ruled by that which is accessorie , but contrariwyse . as for the place of baptisme , wee may say of it , as tertullian sayeth of the tyme thereof , in the chapter of his booke of baptisme , everie day is the lord's , everie houre , day , and tyme , is fitte for baptisme : it may want of the solemnitie , but nothing of the grace . neyther is such a number , as yee requyre to bee present , necessarie in this case . our saviour hath taught vs , matth . . , that if two shall agree on earth , as touching anie thing that they shall aske , it shall bee done for them , of his father which is in heaven : for , sayeth hee , where two or three are gathered together in my name , there am i in the midst of them . wee beseech you , therefore , brethren , to take heede , that yee prescrybe not to mens consciences , rites of necessitie , without cleare warrand from god's word , by which yee will never bee able to prooue the necessitie of this circumstance requyred by you in baptisme . . the practise of the prtmitiue church , both in the apostles tymes , and thereafter , agreeth with this doctrine and practise of ours . saynct philip baptized the eunuch on the waye , acts . ananias baptized saul in a private house , acts . saynct pavl baptized the iaylour in his house , acts . if yee answere as others doe , that the necessitie of the infancie of the church , excused the want of the presence of a congregation : wee replye , that the same necessitie is found in the cases whereof wee speake : for as vnpossible it is for a dying infant , who about mid-night is at the last gaspe , to enjoy the presence of the congregation , as it was impossible for anie of the afore-mentioned , the eunuch , saul , or the jaylour , to haue had a congregation present at their baptisme , yea , more impossible ; and why should there not bee the same effect , where there is the same reason ? . the practise of the auncient church , in this , is also cleare for vs. this is manifest from the epistle of s. cyprian , from the oration of gregorie nyssen , agaynst them who delayed their baptisme , from s. basill , in his homilie , which is an exhortation to baptisme , tom. , from gregorie nazianzen , in his oration , whose wordes wee haue cited vpon the margine . hence altho two set-tymes were appoynted , for solemne baptisme , yet the case of necessitie was ever excepted . this is cleare by the fore-sayde testimonies , as also by these following , siricius epist. . cap. . tom. . concil . gelas . epist . . ad episcopos lucaniae , tom. . concil . conc. antisiodor . cap. . tom. . conc. matiscon . . cap. . tom. . concil . conc. meldens . cap. . conc. triburiens . cap. . concil . in palatio vernis cap. . conc. wormatiens . cap. . tom. . concil . the learned causabon , in his exercitation , considering all this , sayeth , woe to them , that in the administration of this sacrament , denye their duetie to dying infantes , vnder pretence of i knowe not what discipline . to this same purpose the learned martin bucer , in the chapter of his censure of the english litvrgie , considering baptisme of sicke infantes privatelie , sayeth , in this constitution , all thinges are holilie set downe . this same practise also is allowed by doctor whitaker , in his booke agaynst reynolds , pag. . . the congregation , say yee , where-of the chylde is to bee a member , hath interest in this , and there-fore ought to bee present , no lesse than at excommunication , where-by a rotten member is cut off . in this case of necessitie , there is no prejudice eyther to the chylde , or to the congregation , thorow the want of the congregations presence : for there is no neglect , nor contempt of the congregation in this case , or of anie of the members there-of : and the chylde by baptisme , though privatelie administred , is ingrafted into christ , and so beeing joyned to the head of the church , becōmeth also vnited vnto the church , which is his bodie . if excommunication requyre the presence of the whole congregation , because the power of binding and loosing , is delyeered by christ to everie particular church , or congregation , collectiuelie taken as it is affirmed in the dispute agaynst the english popish ceremonies , part. . cap. . pag. , then it is not alyke with baptisme , the power where-of is committed to the pastors of the church , matth . . but altho that ground bee not true , as wee thinke it is not , yet excommunication is done in presence of the people . for this censure may not bee inflicted , but onelie for publicke offences ; and therefore must be publiekc , as the offence is , that others also may feare , . tim . . . and haue no companie with the delinquent , that hee may bee ashamed , . thess . . . and so your similitude holdeth not . . as for the administring of the sacrament of the lord's supper , wee say it is most profitable , for comforting of the soules of men , fighting with the terroures of death ; and that the case may fall out , wherein they most ardentlie desire it , and consequentlie , that pastors who are the stewards of god's house , ought not to denye to his children , so hungring and thirsting in this conflict , that heavenlie refreshment : which wee are not ashamed , with the anciēt fathers , to call , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or viaticum , though yee seeme to condemne this . it is manifest by the writings of the ancient fathers : justine martyr , in his apologie : eusebius , in the booke of his storie , chapter , and others , that the sacrament was administred to sicke persons privatelie . the famous o ecumenicke councell of nice , in the canon , and second part there-of , appoynteth the same , or rather confirmeth the ancien lawes there-anent . the lyke wee may see in the canon , of the fourth councell of carthage . see balsamon also , vpon the canon of the councell of carthage , where speaking of dying persons , hee sayeth , that the lord's supper should bee carefullie administred vnto them ; and baptisme , if they bee not baptized . hence bishop jewell , in his dispute agaynst hurdings , pag. . sayeth , that certayne godlie persons , both men and women , in tyme of persecution , or of sicknesse , or of other necessitie , receaved the sacrament in their houses , it is not denyed . the ancient fathers also call this sacrament viaticum , or a provision for our journey . so the fathers , in the fourth councell of carthage , speake , canon . so gaudentius in his second treatise on exodus . so in saynct basill his liturgie , wee finde this prayer , that the participation of these sacred things , may bee the viaticum of eternall lyfe . so concil . vas . . can. . so paulinus in vita ambrosii . whence causabon , in his answere to the epistle of cardinall perron● , pag. , sayeth , the church of england not onlie distributeth , the mysticall bread to the faythfull in the publicke congregation , but also administrateth to dying persons this viaticum , as the fathers of the councell of nice , and all antiquitie , call it . . learned calvine was of this mynde : manie and weyghtie reasons , sayeth hee , epist. . moue mee to thinke , that the communion should not bee denyed to sicke persons . zeppervs , in his first booke of ecclesiasticall policie , and chapter , hath these words of this matter , one thing remayneth yet to bee resolved , to wit , concerning the communion of sicke persons . albeit some thinke otherwyse , yet it seemeth , that the holie supper may not , nor ought not , to bee denyed to them that seeke it . for if it was appoynted for the confirming of our fayth , and increase of our communion with christ ; if wee ought by the vse of it to testifie our fayth and studie of repentance ; why should they bee depryved of so great a good , who fight with long d●seases , or are in danger of their lyfe ? when doeth satan labour more stronglie to shake and brangle our fayth , than when wee are exercysed with bodilie diseases ? when doe our consciences tremble more , and stand in neede , of the most ample corroboration of fayth , than when wee finde that death is knocking at the doore , and that wee are called to compeare before the tribunall of god ? hieronymvs zanchivs , is of the same mind . thus he wryteth in an epistle of his to john crato , physician to the emperour , i haue nothing to say of the question proponed by you , but that i subscrybe to your judgement , provyding this bee done when necessitie requyreth , and it bee administred to them , who through sicknesse , cannot come foorth with others in publicke . for since christ denyeth this to none of his disciples , how can wee refuse it to sicke persons , who desire it before they depart hence , and that not out of anie superstition , but that their myndes may bee the more comforted , and raysed vp ? martine bvcer , in the chapter of his fore mentioned censure , considering that part of the litvrg●e , where-in the administrating of the communion to sicke persons is set downe , sayeth , thinges heere commanded , are agreeable anough to holie scripture : for it avayleth not a little , to the comforting of troubled soules , to receaue the communion of the lord . yea , hee hath written a particular and most devote treatise , directing pastors how to administer the communion to sicke persons : and yet , wee trust , yee will not call him a papist , since hee was so hatefull to papists , that after hee was dead , they raysed vp his bones , and burnt them . peter martyr , wryting vpon the tenth chapter of the first epistle to the corinth . speaking of the lord's supper , hath these wordes , they say it must bee given to sicke persons : i confesse , sayeth hee , but the mysterie may bee celebrated before the sicke persons . it is to bee remarked also , that often-tymes it falleth out , that some persons are affixed to their beds by sicknesse , for the space of fiue or sixe , yea , ten yeares , or more : and how can we denye the comfort of this holie sacrament to those all that space , especiallie when they earnestlie long for it ? . this doctrine and practise of ours , tendeth not to the contempt of the sacraments , ( as yee would beare vpon it ) it is playne contrarie : for by this practise , wee show , how much wee reverence the commandement of god , and how highlie wee esteeme of his ordinances , which wee so earnestlie seeke after ; whereas on the other part , the practise of others , leadeth people to the contempt of the sacraments , because they are moved there-by , to thinke , that there is no such necessitie and efficacie in them , as scripture , and the consent of christians , hath ascrybed there-vnto . as for other abuses , rehearsed by you , as fruites of private baptisme , since you bring no proofe for what yee say in this , wee oppone our just denyall , to your bare and vnjust assertion . . lastlie , yee advertise the reader , that yee thinke not the materiall churches , but the ordinarie meetinges , necessarie to the lawfull administration of the sacraments , lest anie should conceaue that yee entertayne a superstitious conceat of places . wee thinke , yee might haue spared this advertisement : for we finde , that they who oppugne our doctrine and practise in this poynt , are so farre from beeing in danger of the extremitie mentioned by you , that on the contrarie they teach , that the church is a place no more holie , than anie other , and that it may bee indifferentlie vsed to sacred or civill vses : which in our judgment is not agreeable , eyther to holie scripture , or to sound antiquitie . see eusebius in his ecclesiasticke historie , lib. . cap. . chrysost . homil . . on the first epistle to the corinthians , s. augustine , in his first booke of the citie of god , cap. . codex theodasianus , lib. . titul . . de his qui ad ecclesias confugerunt . conc. gangrens . can. . the v. dvply . the indifferent reader may perceaue , by our former dvplye , that your answre to our first exception , taken from the obedience , due to authoritie , and from our judgement , concerning the administration of baptisme , and the lord's supper , to dying persons in private places , hath not given satisfaction . . wee asked of you , in our fift demand , how wee can subscrybe the negatiue confession , as it is propounded by you , without contradicting the positiue confession , approved by parliament , holden anno , since the positiue confession , chap. , declareth , that rites are changeable , according to the exigencie of tyme , and consequentlie that no perpetuall law , may or ought to bee made of them , and the negatiue confession maketh a perpetuall law , concerning the externall rites of the church ; at least according to your judgement , who vrge the subscryving of this covenant and confession vpon vs ? wee vrged farther in our replye , that the late covenant bindeth vs to the olde covenant , made anno ; for by your late covenant , yee professe your selues bound to keepe the foresayde nationall oath ( as yee call it ) inviolable : and that olde covenant , or oath , bindeth vs to the discipline which was then ; and that discipline comprehendeth all the externall rites of it , ( as yee haue in all your wrytinges professed , especiallie in that late booke entituled , the dispute against the english popish ceremonies : whence in your sermones , and printed bookes , since the assemblie of pearth , yee haue beene still accusing vs of perjurie . ) so from the first , to the last , the late covenant bindeth vs to the policie which was then ; and consequentlie , maketh a perpetuall lawe , concerning the rites of the chvrch , as if they were vnchangeable . . your answere to this argument , is not sufficient , nor to the purpose . . yee put off , without anie answere , that which wee alleadge out of a dispute , agaynst the english popish ceremonies ; and , in stead of answering , wish , that what wee haue thence , or from anie other treatise of that kinde , were keeped to another tyme. pardon vs , that wee wish greater ingenuitie , and a more direct answere . consider the wordes of that treatise before cited , parte . cap. . sect. . no man amongst vs can certaynlie knowe , that the discipline meaned and spoken of in the oath , by those that sweare it , comprehendeth not vnder it those poyntes of discipline , for which wee nowe contende , and which this church had in vse at the swearing of the oath . shall wee , then , put the breach of the oath in a fayre hazard ? god forbid . the same wee finde to bee the judement of others also , who haue opposed the articles of pearth , and episcopall governement . since , there-fore , wee desire to bee resolved , concerning the right meaning of the negatiue confession ; lest by it wee contradict the positiue confession , approved in parliament : had wee dot reason to propone this difficultie to you , who requyre our subscription , and came hither , to resolue our scruples ? if yee condemne the judgement of these your brethren , who were authors of these treatises , why doe yee not openlie professe , that yee , and the rest of the authors of the late couenant , disallowe it ? if yee doe approue it , as wee haue great reason to thinke yee doe , since yee haue still opposed the articles of pearth , and episcopacie , and doe expresslie referre vs to those treatises , in your nynth answere : howe doe yee not see , that , with a good conscience , yee can not requyre vs , to sweare , and subscrybe , that which yee knowe to bee contrarie to our mynde ? remember , we pray you , the words of the former treatise , in the place before cited , put the case , it were doubtfull and questionable , what is meaned by the word discipline in the oath ; yet pars tutior , the safer way were to bee chosen ; which is affirmed there to bee this : that the poyntes practised by vs , are abjured in the negatiue confession . . secondlie : where-as yee saye , that none of you would refuse to sweare the short confession , because wee haue expounded some articles of it contrarie to your mynde ▪ wee replye , that this answere satisfieth not : for your swearing the negatiue confession , not-with-standing of the contrarie interpretation of them who differ in judgement from you , showeth not , howe the apparent contradiction betwixt it , and the positiue confession , objected by vs , is reconciled by you the propounders and vrgers of it . more-over , if wee did vrge you to subscrybe the negatiue confession , when in the meane tyme wee were perswaded , that our interpretation of the articles there-of , were contrarie to your judgement ; wee were bound to labour to informe your judgement , before wee did exact your oath : and , consequentlie , by the lawe of charitie and equitie , yee are obliedged , not to requyre our oath , till first yee doe that , which is sufficient , to make our judgement conforme to yours : which as yet yee haue not done . . thirdlie : yee saye , your desire is , that both of vs keepe our meaning of the negatiue confession , according to our diverse measures of light , and onelie promise forbearance : which , yee saye , wee may doe , because that wee thinke the poyntes controverted , to bee indifferent : wee answere , that yee still flee the poynt in question : for it is an-other thing for vs , to keepe our meaninges , and another thing for vs , to sweare a covenant , when wee are not perswaded of the trueth there-of . yee might , and may still enjoye your meaning for vs : but howe wee can keepe our meaning , and subscrybe your covenant , wee see not ; since wee thinke the one repugnant to the other . neyther is it forbearance onelie that is requyred , as we haue showne before ; nor yet can we sweare forbearance , the lawe standing still in vigour , and authoritie requyring obedience . lastlie : wee thinke not all the poyntes contraverted , to bee indifferent , as was before declared . . thus it may appeare , howe yee haue dealt with our sorites , as yee call it . the lyke dealing wee find anent our dilemma ; the hornes whereof , ( as yee speake ) yee labour to turne agaynst our selues , by asking , to which of the members of the distinction , we referre pearth articles and episcopacie ? if , say ye , they were abjured in the negatiue confessiō , we are perjured for the practising of them : and if left indifferent , by that confession , wee may , not-with-standing of that confession , forbeare the practise of them . first , your question is not pertinent : for the distinction is not ours , but yours . and to what purpose is it to you , to knowe , to what member of your distinction , wee referre the articles of pearth , and episcopacie ? secondlie : there is no strength in eyther of the hornes of your dilemma : for , by turning it wrong , you haue made it your owne . the one horne is , that if the articles of pearth , and episcopacie , bee left indifferent , by the short confession , wee may forbeare the practise of them . first , this meeteth not the horne of our dilemma , which was , if wee bee not tyed , by the negatiue confession , to the omission of these thinges ; then why haue yee , in all your wrytinges agaynst vs , exprobrated to vs , perjurie , for violating of the oath contained in that confession ? to this no word by you is aunswered heere . secondlie : suppone these thinges were left indifferent by the negatiue confession ; yet may wee not forbeare the practise of them : because , since that confession , lawes haue passed on them ; which remaining in vigour , requyre our obedience , as wee sayde before . . the other horne of your dilemma , is , that if these poyntes were abjured for ever , before pearth assemblie , then wee , who practise them , are perjured . to which wee aunswere , that it followeth not : for wee never did sweare to that negatiue confession . and there-fore , though these poyntes were abjured there-in , yet are wee free from all guiltinesse of perjurie . and , in the meane tyme , yee haue not resolved , howe hee who is perswaded , of the lawfulnesse of those poyntes , can sweare the negatiue confession , if by it the swearer bee tyed , to the abjuring of those poyntes , which was the other part of our dilemma . thus , if yee will consider rightlie , ye may perceaue , that , our dilemma standeth vnmoved , with the hornes of it still towards you . yee farther insinuate , that our reasons , are not solide and graue , but velitations of such a sort as yee looked not for . let the judicious reader , pronounce his sentence of this ; onelie wee wish , that yee had chosen rather to satisfie , than to contemne our reasons . that which yee heere agayne adde , concerning the change of commissioners , is answered in our fourth dvplye . . to giue light to your former discourse , yee subjoyne a distinction of discipline , into three members : first , yee saye , it is taken for the rule of governement of the church , and censure of manners , by office-bearers appoynted by christ : and thus , yee saye , it is vnchangeable . secondlie ; for constitutions of councells , and actes of parliament , about matters of religion : and thus , yee say , it is alterable , or constant , according to the nature of particular objectes . thirdlie : for the ordering of circumstances , to bee observed in all actions , divine , and humane : and so yee say it is variable . first by these distinctions , the matter seemeth rather to bee obscured , than cleared . for ye doe not expresse , in which of these senses the discipline mentioned in the negatiue confession , is to bee taken , which was the poynt requyred of you . . secondlie : yee seeme by this distinction , to intangle your selues yet more . for , first , if yee take the name of discipline , in anie one , or anie two of these senses , what say yee to these following wordes of your dispute agaynst the english popish ceremonies , parte . cap. . sect. ? the bishop doeth but needleslie question , what is meaned by the discipline where-of the oath speaketh . for howsoever in ecclesiasticall vse , it signifieth often-tymes , that policie , which standeth in the censuring of manners ; yet in the oath it must bee taken in the largest sense ; namelie , for the whole policie of the church . for , . the whole policie of this church , did , at that tyme , goe vnder the name of discipline : and those two bookes wherein this policie is contayned , were called the bookes of discipline . and without all doubt , they who sware the oath , meaned by discipline , that whole policie of the church which is cōtayned in those bookes . . secondly , when that little confession was framed , the governmēt of the church was onlie by presbyters , and not by bishops : and , there-fore , if yee thinke , that the name of discipline , in that confession , comprehendeth vnder it the first part of your distinction , ( which , as wee conceaue , yee will not denye ) yee may easilie perceaue , that wee are vrged by you , to sweare , and subscrybe , agaynst our consciences ; since wee thinke the rule of the governement of the church , which then was , to bee changeable ; and , that the governement was lawfullie chaunged , by following assemblies , and parliamentes , from presbyters , to bishops . . thirdlie : if these constitutions of councels , concerning objects alterable , mentioned in the second member of your distinction , bee one , and the same , with ordering of variable circumstances , mentioned in the third member ; why haue yee distinguished the one from the other ? but , if they bee different , then yee graunt , that ecclesiasticke constitutions , may bee made concerning some alterable matters of religion , which are not bare circumstances ; which is repugnant to your ordinarie doctrine ; where-by yee mayntayne , that nothing changeable , is lest to the determination of the church , in matters of religion ; but onelie circumstances of actions . wee can not see , howe yee can mayntayne this doctrine , and yet oppose the determinations of the church , concerning ceremonies , which are indifferent . . wee had reason to inquyre your judgement , concerning rites or ceremonies , which are not of divine institution , whether they bee lawfull , or not , though yee still shunne the declaring of it . since by your covenant , yee intende a reformation of religion , and a recovering of the libertie , and puritie of the gospell , as yee speake ; if yee in your judgement , condemne such ceremonies , ( as yee insinuate ) wee can not expect , but that , if yee obtayne your desires , all such rites shall bee expelled and condemned , especiallie since by this your late covenant , yee tye your selues to that olde covenant , where-in yee disclayme and detest all rites brought into the church , without the word of god. now , wee can not concurre with you , for promoving this ende , because such a judgement , is playne contrarie to ours , yea , contrarie to the vniversall judgement and practise , of the auncient kirke , repugnant also to the judgement of the protestant churches , and most famous divynes therein , as may appeare by the quotations on the margine . but if yee bee of the same mynde with vs , and thinke , that there are some rites of that kynde lawfull , why doe you hide your mynde from vs , and others , since the acknowledgement and manifesting of this trueth , would bee no small advancement to your cause , by removing this great offence ? of matrimoniall benediction , and god-fathers in baptisme . . as for solemne blessing of marriage , wee asked , what warrand yee had for it , by praecept or practise , set downe in god's word . in your answere yee insinuate , that it is a blessing of the people cōmanded in the law , and more playnlie wee finde this set downe in the dispute , agaynst the english popish ceremonies , part . . cap. . sect . . yet playne it is from scripture it selfe , that matrimoniall benediction , ought to bee given by a pastor , for god hath commanded his ministers , to blesse his people , ( nvm . . ) first , who ever before you , did ground the necessitie of solemne blessing of marriage vpon these words , nvm . . . speake vnto aaron , and vnto his sonnes , saying , on this wyse yee shall blesse the children of israel , saying vnto them : the lord blesse thee , and keepe thee : &c. learned melanchton , was not so well versed in scriptures , as to see this . for hee sayeth in his epistles , pag. . yee see that the rite of the auncients is , that the brydegroome and bryde , are joyned before the altar , in the sight of god , and with the incalling of god. which custome vndoubtedlie hath beene ordained by the first fathers , that wee may consider that this conjunction was appoynted by god , and is assisted by him. . secondlie : by this commandement of god , to blesse the people , nvm . . eyther there is a necessitie layde vpon the church , to blesse marriages solemnlie , or not . if yee say , there is not a necessitie , then there is no commandement of god there-anent , for it is necessarie to obey god's commandement . if yee say , there is a necessitie , what say yee then to your friend didoclaue , who in his altar of damascus , pag. , affirmeth , that neyther the presence of the congregation , nor blessing of the minister , is necessarie to this action ? and if yee dissent heere-in from him , yee are holden to prooue your opinion , by a necessarie consequence from holie scripture , which wee are perswaded yee are not able to doe . . thirdlie : the commaundement , to blesse the people , is no lesse , if not more generall , than that , . cor. . . let all thinges bee done decentlie , and in order : on the which wordes , both auncient and recent divines , doe ground the lawfullnesse of the ceremonies which wee allowe . . fourthlie : since that commaundement , of blessing the people , is generall , what reason haue yee , for not including other civill important contractes , especiallie that are performed with a vowe , or promissorie oath ? a vowe made to god , is a covenant with god , as well as the matrimoniall oath . all vowes and oaths , are acts of religious worship , although they bee joyned to civill contractes : and , there-fore , if because of the covenant with god , yee blesse marriage solemnlie , yee ought to doe the same , to other civill contractes , where-in there is the lyke covenant , by vertue of an oath or vowe . . fiftlie : where-as yee saye , that though marriage were a paction , meerlie civill , yet because it is so important , yee would not with-holde ecclesiasticke benediction from it , not-with-standing of the abuse of poperie : wee would vnderstand , howe this agreeth with the current doctrine of those that are of your mynde : for wee reade in the abridgement of lincolne , pag. , that wee should cast away even such thinges , as had a good originall , ( if they bee not still necessarie , and commaunded of god ) when once they are knowne to bee defiled with idolatrie , or abused by it . so in the dispute agaynst the english popish ceremonies , parte . cap. . sect. . it is affirmed , that rites , ancient , lawfull , and agreeable to god's word , should , not-with-standing , necessarilie bee abolished , because of their superstition , and wicked abuse . yee adde , that yee will not vse marriage superstitiouslie , according to the praescript of the service-booke . yee did not finde the service-booke , neyther in our demaundes , nor in our replyes ; yet wee knowe not , howe yee so often reach vnto it . . lastlie : of the stipulation of god-fathers in baptisme , instanced by vs , in our fift demaund , yee haue spoken nothing particularlie , eyther in your first or second aunsweres . wee haue no praecept , or example of it in holie scripture : yea , some of our learned divines affirme , that it was instituted by pope higynus : and yee will not denye , that it hath beene much abused in poperie . howe commeth it to passe , then , that this ceremonie is allowed , and vsed by some of you ? wee saye , some ; for wee are informed , that some of your mynde , doe not vse it at all . see d. morton , in his defence of the three ceremonies , pag. . the vi. dvply . in your first answere to our sixt demaund , yee answered nothing to that , which wee affirmed concerning the judgement of divynes , auncient and moderne , who eyther haue absolutelie allowed these rites , which were concluded in pearth assemblie , or else haue thought them tolerable , and such as ought not to make a stirre in the church : neyther did yee touch that , which wee objected , concerning the venerable custome , and practise of the auncient church , and the most eminent lights of it , which yee condemne in your interpretation of the negatiue confession , contayned in the late covenant . wherefore , in our replye to that answere of yours , wee did holde your silence , for a granting of the trueth of that which wee sayde , concerning so manie divynes , auncient and moderne , who stand for vs. now in your second answere to that demaund , yee labour to bereaue vs of this advantage , and granting that divynes , both auncient and moderne , are agaynst you , concerning the the lawfulnesse of things controverted , ( a thing to be noted by the reader , and which should make you more sparing in your speaches of vs who favour pearth articles , than yee are ) yee say , first , that divynes , auncient , and moderne , are agaynst vs also : and that both these propositions may bee true , in respect they are both indefinite in a matter contingent . but our propositions concerning the judgement of divynes who stand for vs , was more than indefinite . for all-bee-it wee sayde not , that all are for vs ; yet wee sayde , that manie , yea , so manie ; meaning , that a great manie are for vs , and against you , in matters of lawfullnesse , and vnlawfullnesse ; and , consequentlie , in matters of fayth . this expression of the number , yee were glad to passe by ; because yee can not saye the lyke of these , who favour your judgement , concerning the vnlawfullnesse of those thinges . for , scarce knowe wee anie moderne divines , without his majesties dominions , that peremptorlie condemne these rites , as vnlawfull , which were concluded in pearth assemblie : and of auntientes , wee meane the fathers of the auncient church , wee knowe none at all , who are of your mynde . howe is it , then , that for these your newe positions , yee make such stirre , and doe take such dangerous courses in hand ? secondlie : yee saye , that allmost all divines allowe of such a forbearance , of thinges indifferent , as yee requyre of vs. but yee will not bee able to make this good : for , who of our divines , haue anie-where allowed , in subjectes such a forbearance of thinges indifferent , and lawfull , as is conjoyned with a totall and sworne disobedience of standing lawes , agaynst the prohibition of their superioures ? thirdlie : that which yee saye , concerning innovations allreadie introduced ; to wit , that no-thing is requyred of vs , concerning them , but a forbearance of them for a tyme ; and , that wee may condescende to it , without eyther disobedience to authoritie , or wronging of our flocke ; it is allreadie refuted , in the two former dvplyes . the vii . dvply . our reason proponed in the seaventh demand , is not sufficientlie aunswered , neyther the impediment removed , as wee haue formerlie made manifest , especiallie in our fourth dvply , where-as , for removing of our scruple , concerning your interpretation of the short confession , yee tell vs , that yee vrge not vpon vs your meaning , but leaue vs to our owne , till the matter be examined in an assemblie : we aunswere ; wee loue not the swearing of an oath , without cleare interpretation there-of ; and wee approue not subscription of such a covenant , with diverse , or doubtfull meaninges : neyther doe wee thinke that a convenient meane , for solid pacification . and as wee are free , in professing our meaning , concerning the pearth articles , and episcopie ; so wee requyre of you the lyke playnnesse , or then the reason of your retyrednesse . . the pearth articles ye doe vnjustlie call novations , if by this name yee vnderstand , thinges repugnant to our reformed religion , or forbidden by our publicke lawes : for these articles are not of this sort . those of them which wee call necessarie , the assemblie of pearth did not conclude as indifferent , ( as yee alledge ) neyther can anie such thing be inferred from the words of the actes of that assemblie . there-fore , we haue no reason to change this opinion , as yee would haue vs to doe . wee holde all the fiue poynts , to bee lawfull , & laudable , and some of them more than indifferent , which also the wordes of the synode it selfe doe implye : so that , without just reason , it hath pleased you to say , that thinges formerlie indifferent , are become necessarie ; and what was but lawfull before , and had much a-doe to gayne that reputation , is nowe become laudable . thus , agayne , wee doe playnlie declare vnto you , that the cause of our vnwillingnesse to subscrybe , or promise forbearance , is both the commaundement of authoritie , and also the necessitie and excellencie of some of the thinges commaunded : besides that , wee thinke them all lawfull , and laudable . what wee would doe , at the commandement of authoritie , in the forbearance of the practise of those thinges , for the peace of the church , and kingdome , shall bee declared in our dvply to your thirteenth answere , where-in yee vrge this poynt agayne . the viii . dvply . where-as yee doe remit the reader , to your former answere , and our replye ; wee also remit him there-to , and to our first duplye ; hoping that hee shall rest satisfied there-with . . wee haue , in those places , aunswered your argument , concerning your swearing , the defence of the king , and his authoritie , with a specification , as yee call it ; and haue showne , that what hath not beene looked to so narrowlie , in this matter heere-to-fore , is requisite nowe , for the reasons expressed in our eyght replye , and first duplye . concerning the full expression , of the loyaltie of your intentions , to mayntayne the king's person , and honour ; whether , or not , yee haue given just satisfaction , to those who are nearest to the king's majestie , ( as yee saye ) wee referre you , and the readers , to that , which yee , and they , will finde neare the ende of our first duplye . wee wonder greatlie , yee should affirme , that wee , by craving resolution , doe wrong the king , and our selues ; or that yee , by giving of it , should wrong them who are nearest his majestie , and also the covenant , and the subscrybers there-of . for our requyring of resolution , in this matter of so great importance , is a pregnant argument of our loyaltie towards our dreade soveraygne , and of our care , to haue alwayes our owne consciences voyd of offence , towards god , and towards men. and your giving of satisfaction vnto vs , woulde haue served for farther clearing of your covenant , and the subscriptions there-of . your pretence , that by giving vs satisfaction , yee should wrong them who are nearest his majestie , is grounded vpon a wrong supposition , as if they had alreadie receaved satisfaction by your declaration . . god is witnesse , wee doe not wittinglie and willinglie multiplie doubts , for hindring a good worke , or to oppose agaynst a shyning light , ( as yee would haue the reader to thinke of vs ) but in all humilitie , and vprightnesse of heart , doe declare our mynde , and doe intimate our vnaffected scruples . and wee thinke it verie pertinent , at this tyme , to craue resolution of them , and to desire your answere , concerning this mayne duetie , which is not fullie expressed in your covenant ; where-as a more full expression of it , had beene verie needfull , at this tyme. . lastlie : where-as yee complayne , that wee tooke not sufficient notice of you , whyle yee were amonst vs ; yee may easilie consider , that our publicke charges , and employmentes , together with the shortnesse of the tyme of your abode heere , doe sufficientlie vindicate vs , from anie imputation of neglect in that kynde : and our doores were not closed , if it had pleased you , in brotherlie kyndnesse , to haue visited vs : which wee ought rather to haue exspected of you , seeing yee came vndesired , to the place of our stations , to deale with vs , and also to deale with our people , agaynst our will , before wee had receaved satisfaction . the ix . dvply . as yee doe referre the reader , to your former answeres ; so doe wee referre him to our former replyes , and duplyes . . the meaning of the act of the assemblie of pearth , citing the wordes of the psalme , is not ( as yee doe interpret it ) anie perverting of the text , neyther tendeth it to inferre there-vpon , absolute necessitie of kneeling , in all worshipping of god , or in this part of his worship , in the celebration of the holie communion : but onlie to inferre the lawfullnesse , and commendable decencie of kneeling , in divine worship ; and that it is such a gesture , as our lawfull superioures may enjoyne to bee vsed , in god's worship ; and that religious adoration , and kneeling , is to bee done to god onelie , altho they sinne not , who vse another gesture , where this is not requyred by authoritie , but another appoynted , or permitted . . wee doe not kneele before the sacramentall elementes , making them the object of our adoration , eyther mediate , or immediate : neyther doeth the act of pearth assemblie import anie such thing . but all our adoration , both outward , and inward , is immediatelie directed to god onelie , with prayer , and thankes-giving , at the receaving of so great a benefite . where-fore , your objecting of idolatrie , agaynst vs heere , and in your other treatises , is moste vnjust . wee marvell also , howe yee doe heere referre vs , to those treatises , which in your twelfth aunswere , yee seeme to disclayme , finding fault , that anie of vs should laye holde on them , or build anie thing vpon them . as lyke-wyse yee heere alleadge , that the assemblie of pearth made kneeling necessarie in all poynts of gods worship ; and , consequentlie , in receaving the holie eucharist : not remembering , that in your seaventh aunswere , yee sayde , the assemblie had concluded the fiue articles as indifferent . . concerning the service-booke , ( which now is not vrged ) wee haue alreadie answered . neyther find wee anie reason , of your vncharitable construction of vs , or of the disposition of the people , as if they were now become superstitious . nor doeth this tyme giue anie just cause of such feares , as are sufficient to overthrowe the reasons of that act of pearth assemblie . . wee did not in malice , but in loue , say , that such a defence as yee professe heere , according to your protestation , and such meetinges and conventions doe requyre the kings consent , and authoritie , to make them lawfull , according to our judgement : where-of some reasons wee haue expressed before in our second replye , which as yet yee haue not satisfied . . it seemeth , that yee are eyther not able , or not willing , to answere particularlie and playnlie , to our intergatories proponed in our nynth replye : and wee would vnderstand some reason , why yee doe so , in such a free and brotherlie conference ; seeing altho yee doe otherwyse interprete our meaning , yet truelie wee did not propone them to bee snares to you , but to obtayne satisfaction to our selues and others , for a peaceable ende . as for your questions , which yee throwe agaynst vs , with playne profession to worke vs discontentment thereby , we shall here make aunswere to them in meeknesse , and evident demonstration of our peaceable disposition . qvaest . answered . . your first quaestion , concerning the service-booke , and booke of canons , is no-wayes pertinentlie proponed to vs. if wee did vrge vpon you the sayde bookes of service and canons , as yee doe now the covenant vpon vs , wee should particularlie and punctuallie , declare our mynde concerning them . . to your second question , wee answere , that it is our duetie to enquyre carefullie , what is incumbent vpon vs by the law of god , and man , towards our prince . wee doe not moue questions of state , but doe answere to your propositions , resulting vpon matters of state , and wee doe labour , as it well becommeth all good subjects , to bee well informed , before wee put our hand to anie thing , which concerneth our due obedience to our prince . as for that which heere agayne yee alleadge , of his majesties commissioner , and wyse states-men , as having receaved satisfaction from you , wee referre you , as before , to our answere made thereto , in our first dvplye . . to your third question , wee answere ; our assertion concerning the vnlawfulnesse of subjects their resisting the authoritie , of free monarchies , by force of armes , even altho they were enemies to the trueth , and persecutors of the professors there-of , can not in the judgement of anie reasonable man , import that we haue the least suspition of our king , that eyther hee shall change his religion , or shall fall vpon his religious and loyall subjects with force of armes . wee haue often declared in these our disputes , that wee are fullie perswaded of our king's majesties constancie , in profession of the true religion , and equitable disposition in mtnistration of justice . and in testification heere-of , we rest satisfied with his majesties proclamation , agaynst which yee haue protested . . to your fourth question , wee answere , because that wee doe esteeme subscription to your covenant , neyther to bee warrandable by god's word , nor to bee a convenient meane for pacification , wee holde it our duetie , both to with-holde our handes from it , and to dehort our people from it . . to your fift question , wee answere : . wee holde it a wrong supposition which yee make , that the prelates and their followers , are labouring to introduce poperie , and to make a faction . . wee know our gracious king , to bee so just , and so wyse , and so rype in yeares and experience , that hee will not suffer anie of his subjects , to abuse his majesties name , in the execution of anie injustice . . to make resistance by force of armes , agaynst the king's publicke standing lawes , and agaynst his majesties publicke proclamations , is not ( in our judgement ) a convenient or lawfull way , for defending of the religion , of the liberties , and lawes of the kingdome , and of the kings authoritie ; but on the contrarie it bringeth scandall vpon our profession . see our reasons in our second dvplye . . to your sixt question , wee answere , that in all free monarchies , there is nothing left to subjectes , in the case of persecution , by their owne soveraygne princes , but patient suffering , with prayers and teares to god , or fleeing from their wrath , as wee haue at length proved in our second dvplye . this doctrine did the people of alexandria , learne of their holie bishop athanasius , as is evident by their owne wordes , in their protestation , subjoyned to the epistle of athanasius , ad vitam solitariam agentes . if ( say they ) it bee the commandement of the emperour , that wee bee persecuted , wee all are readie to suffer martyrdome . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . tom. . oper. athanas . pag. , edit . paris . . as for the nature of the government of this kingdome of scotland , reade the booke of king iames the sixt of blessed memorie , entituled , the true lawe of free monarchies , and the praeface of the first booke of regiam maiestatem ; where it is expresslie sayde , of the king of scotland , that hee hath no superiour , but the creator of heaven and earth , ruler of all thinges . this our aunswere , neyther proceedeth from flatterie , neyther from anie intention , to stirre vp princes agaynst their loyall subjectes , nor from anie ayme at other worldlie endes , ( as yee doe vncharitablie judge ) but from our due fidelitie to our king , from our true loue to our countrey , and from our vpright desire to the glorie of god , and the comfort of our owne soules , in the day of our accompts . the x. dvply . altho wee take you to bee of the number of those who penned the late covenant , yet pardon vs , to call your glosses of it in question , so long as yee doe not satisfie our argumentes , which prooue them to bee contrarie to the verie wordes of your covenant . wee haue showne , in our replyes , and nowe agayne in our fourth duplye , that the wordes of the covenant , importe a perpetuall adherence , to the whole externall policie of the church , as it was anno ; and the remooving of pearth articles , and episcopacie , as of thinges contrarie to the libertie and puritie of the gospell . whence wee still inferre , that these who haue sworne the covenant , are tyed by their oath , to vote agaynst pearth articles , and episcopacie : and , consequentlie , can not , without praejudice , eyther dispute , or giue out a decisiue sentence concerning them , in the intended assemblie . . yee saye , yee will not judge so vncharitable of vs , as to thinke vs so corrupt , that , in our opinion , since the tyme designed by vs , no-thing hath entered into the church , beside episcopacie , and the articles of pearth , which can bee praejudiciall to the libertie and puritie of the gospell . wee are glad , that altho yee judge vncharitablie of vs , yet yee judge not so vncharitablie : and , altho yee thinke vs corrupt , yet yee thinke vs not so corrupt , as not to bee sensible of these thinges . wee tolde you our mynde before , in our fourth dvply , concerning these abuses , which yee thinke to haue beene occasioned by pearth articles : and no we wee tell you , that if pearth articles , and episcopacie , for these their alleadged consequentes , bee alltogether remooved , the benefite which yee thinke our church may receaue , by remooving of them , shall not , in anie measure , aequall her great losses . the xi . dvply . wee complayned in our demand , of the vncharitablenesse of your followers , who calumniate vs , as if wee were favourers of poperie . and to showe howe vnjust this calumnie is , wee declared , that wee are readie , to sweare , and subscrybe , our nationall confession of fayth , ratified and registrated in parliament : to which declaration , wee haue nowe added our oath , which wee did sweare , when wee receaved the degree of doctorate in theologie , and haue solemnlie agayne renewed it , pag. . . in your answere to that demand , yee slighted our complaynt , and did not so much as once mention it ; which made vs in our replye , to complayne also of you , who haue showne your selues so vnwilling to giue vs that testimonie of our sinceritie in professing the trueth , which all who knowe vs , thinke to bee due to vs. wee exspected , that in your second aunswere to that demaund , this fault should haue beene amended . but , contrarie to our expectation , wee perceaue , not onelie that yee are insensible of the grievous injurie done to vs , by the calumnious reportes of others ; but also , that yee haue busied your owne wittes , to enquyre , as yee saye , in matters , to search , and to trye our wayes , and to expiscate what yee could agaynst vs , by the vnfriendlie testimonie of some , who , perhaps , are displeased with vs , as achab was with micajah , for the freedome of our admonitions . charitie , yee knowe , thinketh no evill , . cor. . , and covereth a multitude of transgressions , prov . . . . pet. . . but vncharitable inquisition , and prying into other mens doinges , not onelie discovereth those infirmities , vnto which god will haue everie one of vs subject , for humbling of vs ; but also bringeth even vpon good men , a multitude of vndeserved aspersions . brethren , wee intende not to giue you a meeting in this ; for our resolution is , not to bee over-come of evill , but to over-come evill with good , rom . . . and wee are glad to suffer this for his cause , whose trueth wee mayntayne , pittying in you this great defect of christian and brotherlie compassion ; and praying god , not to laye it to your charge . wherefore , wee will not search and trye your wayes , as yee haue done ours : but wee will reflect our thoughts vpon our selues , and see whether or not wee bee guiltie of these thinges , which yee heere reprehende in vs. . yee say , first , that wee haue taken an ample testimonie to our selues . but what , wee pray you , haue wee testified of our selues ; but this onlie , that in sincere and zealous profession of the trueth , wee are not inferiour to others ; and , according to our measure , haue striven to bee faythfuil in all the dueties of our calling ? yee haue , in-deede , put more in-to our apologie , and saye , that wee haue praysed our selues , from our frequencie of prayer , extraordinarie humiliations , and holinesse of lyfe , and conversation , &c. for , as yee are loath to speake anie good of vs ; so yee would haue the reader belieue , that wee speake too much good of our selues . but in this , as yee wrong vs , so yee make the reader to see , howe negligentlie yee haue read and considered our wordes . for , where-as in the seconde parte of our replye , wee tolde you , that wee haue other meanes , and more effectuall , than your covenant , to vse , for holding out of poperie ; mentioning in particular , extraordinarie humiliation , frequencie of prayer , amendement of lyfe , diligence in preaching , and searching the scriptures , &c. yee imagine , that wee doe arrogate to our selues , some singularitie , in vsing these means ; not considering , that it is one thing to saye , that wee may and ought to vse these meanes , and an-other thing , to say , that wee are singular , and eminent , aboue others , in the diligent vse of them . . next : where-as yee saye , that yee were desirous , rather to heare that testimonie , at the mouthes of others , ( as if yee had never heard our paynes and labours , for the trueth , commended by anie ) who knoweth not , but in this case , in the which we stand for the present , it is lawfull , and moste expedient to men , to vindicate them-selues , and their fidelitie in their callinges , from the contempt and calumnies of others . wee haue in the scriptures , notable examples of ggd's dearest saynctes , who in such cases , yea , in other cases also , without anie derogation , to their singular humilitie , did fall out into high expressions , of their owne vertuous and pious carriage . who ever spake so humblie of him-selfe as pavl , who calleth him-selfe lesse than the least of all saynctes , ephes. . , and yet else-where hee sayeth , that hee was not a whit behinde the verie chiefest apostles ; and , that hee laboured more aboundantlie than they all , . cor. . . . cor. . . . the defectes , which by your strict and curious inquisition , yee thinke yee haue found in vs , may bee reduced into two poynctes : one is , that wee are too sparing in our paynes , in preaching ; and , that wee often fill our places with novices . the other is , that the small paynes which wee haue taken , are not fruitfull . and , to prooue this , yee saye , that poperie hath no lesse increased in our citie , vnder our ministerie , than anie tyme before since the reformation . as for the first of these , to omit that which modestie will not permit vs to speake , eyther of our owne paynes in teaching , or of yours , it is verie well knowne , that in the case of sicknesse , and extraordinarie employmentes in our callinges ▪ which but seldome doe fall foorth to vs , it is both lawfull , and commendable to see , that our places may bee filled , eyther with some actuall minister , or , fayling of that , with able studentes of divinitie , approven by publicke authoritie , where-of your selues can not bee ignorant , in respect of your frequent peregrinations , from your stations . . as for the next poynt : altho it were true , yet the parable of the seede sowen in diverse sortes of ground , and the dolorous complayntes , which these most paynfull and thunderin preachers , eliah , . king . . . isaiah , . . paul , gal. . . and . . yea , of christ him-selfe , matth . . . and lvke . . . made of the hard successe of their laboures , may learne you to bee more benigne in your censures of vs , than yee are . in the meane tyme , it is knowne to his majestie , to the lordes of secret counsell , and to all the countrey heere ; as also it is evident , by manie publicke extant actes of the sayde secret counsell , and of our diocoesian assemblies , that wee haue beene as diligentlie exercised , in opposing of poperie , as anie ministers in this kingdome . neyther hath our successe heere-in beene so badde , as yee haue given it out : for since our entrie to the ministrie heere , scarce hath anie man beene diverted from the trueth , to poperie , some papistes haue beene converted , to the profession of the trueth , and others who were incorrigible , haue beene forced to departe from this countrey . yea , wee thinke , that our successe , in dealing with the papistes , had beene vndoubtedlie greater , if they had not beene hardened in their errour , by your strange and scandalous doctrines , repugnant to scripture , and sound antiquitie . . that which yee saye in the second part of your aunswere , concerning the powerfull effectes of your covenant , meeteth not with that which wee did object , concerning the vnlawfullnesse of it . for , that which is not in it selfe lawfull , can never bee truelie profitable to anie . and solomon hath tolde vs , the there is no wisdome , nor vnderstanding , agaynst the lord , proverbs . . . as for last parte of your aunswere , wee haue so often tolde you , that your feare of the in-bringing of the service-booke , and canons , is causelesse : and yee haue so oft denyed this , that it were follie to wearie the reader anie more with this matter . in the meane tyme , wee tell you , that if you covenant bee vnlawfull in it selfe , ( as wee still thinke it to bee ) your feare , altho it were justlie conceaved , will never free your soules of the guiltinesse of it . the xii . dvply . to justifie or excuse your omission , of publicke disallowing and condemning the publicke disorders , and misscarriages of some who haue subscrybed the covenant ; especiallie the offering of violence to prelates , and ministers , in tyme of divine service , and in the house of god , where-of wee spake in our twelfth demaund , and replye : yee aunswere , first , that yee acknowledge not the service-booke , for the lord's service . yee might saye the same of anie service-booke , ( if yee allowe the reasons latelie set foorth in print agaynst the service-booke ) for there a praescript forme of prayet , is condemned , which directlie crossth the practise of the vniversll church of christ , auncient , and recent . . yee alleadge , that yee acknowledge not the vnsurpd authoritie of prelates , for lawfull authoritie . for ought wee can perceaue , by the doctrines of those with whome yee joyne , yee acknowledge no lawfull authoritie at all in prelates , aboue your selues , and other ministers : and yee seeme so to insinuate so much here , by blaming vs , for calling them , reverend and holie fathers . wee are perswaded of the lawfullnesse of their office , and therefore are not ashamed , with scripture , and godlie antiquitie , to call such as are advaunced to this sacred dignitie , fathers , and revenrend fathers . neyther should personall faultes , alleadged by you , hinder our observance , till what is alleadged , bee clearlie proven , for , so long as thinges are doubfull , wee should interpret to the better parte , lvke . . and it is a rule of lawe , that in a doubtfull case , the state of a possessour , is best ; and consequentlie , of him that hither-to hath beene in a possission of a good name : as also , that in thinges doubtfull , wee should rather favour the persone accused , than him that accuseth . . if yee bee of this same judgement , with vs , concerning the lawfullnesse of their office , why doe ye not reverence them , as well as wee ? but if their verie office seeme to you vnlawfull , wee esteeme your judgement contrarie to holie scripture , to all sound antiquitie , and to the best learned amongst reformed divines . heare what melanchthon sayeth , i would to god , i would to god , it laye in mee , not to confirme the dominion , but to restore the governement of bishops : for i see what manner of policie wee shall have ; the ecclesiasticall policie beeing dissolved : i doe see , that heereafter will growe vp , a greater tyrannie in the church , than ever was before . and agayne , in an-other epistle to camerarius , hee sayeth , you will not believe howe much i am hated , by those of noricum , and by others , for the restoring of jurisdiction to bishops . so our companions fight for their owne kingdome , & not for the kingdome of christ . so in other place . see bucer , de regno christi , pag. . . thirdlie , yee alleadge the zeale of the people , by reason where-of yee saye , that it was no-thing strange , that in such a case , they were stirred vp to oppose . suppone they had opposed , yet , that they should haue so opposed , as to haue offered violence to sacred persons , prelates or ministers , who are spirituall fathers , seemeth to vs verie strange , for all that hitherto yee haue sayde . there is no zeale , without the exraordinarie in●●inct of god's spirit , which can warrand m●n desti●●●e ●f authoritie , to laye their handes on ●●●h persons . touch not myne anoynted , and doe my prophets 〈◊〉 harme , sayeth the lord , psalme . let all th●nges bee done decentlie , and in order , sayeth s. pavl , . cor. . . god is not the author of confusion or tumult , but of peace , sayeth that same apostle there , verse . to this purpose grogorie nazianzene , in his oration , speaking of the chiefe causes of division in the church , sayeth , one of them ia vnrulie , ferventnesse without reason and knowledge , and the another is , disorder and vndecencie , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . . the sonne should account the person of his father sacred , ff . de obsequiis , lib. . so wee ought also to esteeme of our spirituall fathers : and , there-fore , to offer injurie to their persons , and that , in tyme of divine service , must needes bee a grievous sinne . in the novell constitutions of ivstinian , authent . collat. . tit. . novella . de sanctiss . episcopis , &c. cap . there is a remarkeable lawe to this purpose , cited vpon the margine . the lyke law wee finde in cod. iustin . lib. . tit. . de episcop . & clericis . now altho in these imperiall lawes , the sanction bee severe , yet wee wish no such severitie to bee vsed amongst vs , but praying god , to forgiue them who haue transgressed : wee desire them to consider , that auncientlie amongst christians , such doings were greatlie disallowed . . s. chrysostome , speaking of the reverence due by people to pastours , sayeth , a man may nowe see , that there are not so great scoffes and reproaches , vsed by the vnfaythfull , agaynst the rulers , as by those that seeme to bee faythfull , and to bee joyned with vs. let vs therefore inquyre whence commeth this negligence , and contempt of pietie , that wee haue such a hostilitie agaynst our fathers . there is nothing , there is nothing , that can so easilie destroy the church , as whē there is not an exact joynture of disciples , to their masters ; of childrē to parents , and of thē that are ruled , with their rulers . he that but speaketh evil against his brother , is debarred from reading the divyne scriptures , ( for what hast thou to doe to take my covenant in thy mouth ? sayth the lord ; & subjoyneth this cause , thou sittest and speakest evill of thy brother , ) and thinkest thou thy selfe worthie to come to the sacred porches , who accusest thy spirituall father ? how agreeth this with reason ? for if they who speake evill of father or mother , should dye , according to the law ; of what judgemēt is he worthie , who dare speake evil of him who is much more necessarie , and better , than those parentes ? why feareth hee not , that the earth should open , and swallow him , or that thunder should come from heaven , and burne vp that cursing tongue ? see him also , lib. . de sacerdotio , cap. . & . . in the next place , yee saye , that the keeping of god's house , from pollution and superstition , belongeth to authoritie , to the communitie of the faythfull , and to everie one in his owne place , and order : but , certainlie if everie one , or all the communitie , keepe their owne place , and order , they can doe no-thing in this , by way of force , without , farre lesse agaynst authoritie . hence zanchius , in his first booke of images , thes . , sayeth , without authoritie of the prince , it is lawfull to none in this countrey , to take idoles out of churches , or to chaunge anie thing in religion : hee that doeth so , should bee punished , as seditious . this hee confirmeth by reason , and by the testimonie of saynct augustine , tom. . de sermone domini in monte , homilia . and a little after , hee subjoyneth ; augustine handeleth this argument piouslie , hee dehorteth his people , from such a practise , and sayeth , that it is pravorum hominum , & furiosorum circumcellionum . . as for your vehement accusations and threatnings , ( heere , and answere ) agaynst the wryter of the late warning to the subjects in scotland , yee may easilie perceaue , by the printed edition of that warning , and by the printed editions of our replyes , that , that offence is taken away . and now , reverende brethren , why are yee pleased thus to digresse from the matter in hand , to waken and holde on foote , personall quarrels agaynst your brother , by digging vp buried wordes , and renewing haske interpretations thereof , contrarie to his loving intention , and after that himselfe , for satisfaction to all men , hath so publicklie disallowed and abolished these wordes ? this vncharitable dealing , can bring no advantage to the cause which yee mayntayne , but rather maketh it the more to bee disgusted , in consideration of your too great eagernesse to stirre vp hatred agaynst your neyghbour , & to worke him trouble ; whom yee ought not to persecute with implacable wrath , which worketh not the righteousnesse of god ; nor to exasperate agaynst him his other deare countrey-men : but rather , as well beseemeth your profession and calling , yee ought to exhort them to the most favourable cōstruction of things , and to christian placabilitie , and to the entertaynnig of their wonted loving affection towards him . as for these our present questions , wee desire theologicallie onlie , and peaceablie , to conferre of them with you , or anie other our reverende brethren , of our owne calling . . yee say , that master knox spared not to call kneeling , a diabolicall invention . if yee allowe this saying , how can it bee , that in your covenant , intended for removing of innovations , and recovering of the puritie of the gospell , yee expresslie aymed not at the abolishing of this ceremonie , which is so hatefull in your eyes ? but if yee doe not approue this his saying , why did yee not choose rather , in charitie to cover this escape of so worthie a personage , than openlie to blaze it abroad ? . yee haue needleslie drawne into your discourse , mention of irenicvm . of which worke , for mittigation of your vnpeaceable censure , bee pleased to take notice of the judgement , of that most worthie pastor , and most graue and learned divyne , d. iames vsher , arch-bishop of armach , primate of all ireland , in this his epistle written to the author . vir eximie ; svmma cum voluptate 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 tuum perlegi : eamue patriae tuae foelicitatem sum gratulatus , quod novum tandem produxerit 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , qui eam ipsi praestitit diligentiam & virtutem , quàm olim exteris ecclesiis ( quum non admodum dissimiles de adiaphoris obortae lites earum pacem perturbarent ) exhibuit ille vetus ; qui 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . nulla salus bello : ipsiue bello salus si qua sit , non alio quam pacis nomine ea continetur . nam & de pace belli vriam , opinor , a davide aliquando interrogatum meministi . jam verò , pro 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , scriptum remitto tibi ego 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : sed quod jucundum praebeat spectaculum midianiticorum satellitum inter se manum conserentium , & mutuo isto bello ecclesiolae nostrae , pacem promoventium . tu quicquid , hoc est , munusculi , vt ab homine optimè erga te affecto transmissum suscipe , & me ( vt facis ) ama . pontanae , in hibernia , iii. eid . decembr . anno reparatae salutis . tuus in christi ministerio conservus iacobvs armachanvs . me juvat alma quies , gens haec fera bella minatur , et quoties pacem poscimus , arma crepat . the xiii . dvply . yee repeate your former answere , concerning your interpretation of the clause of forbearance , which wee haue allreadie refuted in our former replyes , neyther doe yee bring heere anie new confirmation thereof : and therefore all the three scandals , mentioned in our demand , doe yet remayne vnremoved . . altho your interpretation were admitted , which wee can not admit , yet at least the third scandall were no wayes avoydable there-by , ( what-so-ever may bee supposed concerning the other two , ) and that because of the reason expressed in our replye ; to which your answeres heere are not satisfactorie . . yee doe insinuate , that yee thinke our oath of obedience to our ordinarie , and pearth constitutions , not lawfull in it selfe : which wee are perswaded is verie lawfull . . yee would seeme to inferre the vnlawfulnesse of it , by challenging , the authoritie where-by it was exacted ; and alleadging that there is no ordinance made civill or ecclesiasticke , appoynting anie such oath . this reason ( altho it were granted ) hath no strength at all , to prooue that which yee intende , to wit , that eyther our oath is in it selfe vnlawfull , or that wee may now lawfullie breake it : for our swearing of that oath is not agaynst anie lawfull authoritie , eyther divyne or humane : and in such a case , oathes concerning thinges lawfull , ought to bee keeped , whether they bee requyred by appoyntment of a publicke ordinance , or not : which who-so-ever denyeth , hee openeth a patent doore to the breaking of lawfull oathes , in matrimoniall and civill contracts , and manie other cases , daylie incident in humane conversation . also the exacting of that oath , was clearlie warranded by two acts of parliament , viz. parliament , of king iames the , holden at edinbvrgh , anno . chap. . and parliament . of king iames the , holden at edinbvrgh , anno . act . . yee take vpon you to call in question , with what conscience that oath was given . how oft , brethren , shall wee exhort you to forbeare judging of other mens consciences , which are knowne to god onlie ? judge not , that yee bee not judged . matth . , . . yee alleadge , wee can not answere before a generall assemblie for our oath , and the scandall risen therevpon . no man needeth to bee ashamed , before a generall assemblie , or anie other judicatorie , of his lawfull and due obedience , which hee hath given to the publicke constitutions of the church of scotland , and to his majesties standing lawes ; or of anie lawfull oath , where-by hee hath promised that obedience . as for the scandall , it was not given by vs , but vnnecessarilie , and vnjustlie taken , by you , and some others , vpon an erronious opinion , obstinatelie mayntayned agaynst the lawfulnesse of the matters themselues . . yee say , that conceaving the oath , according to our owne groundes , none of vs will say , that wee haue sworne the perpetuall approbation and practise of these things , which wee esteeme to bee indifferent , what-so-ever bad consequent of poperie , idolatrie , superstition , or scandall , should follow there-vpon . wee answere , . these bad consequentes are alleadged by you , but not proven . . evils of that kynde should bee avoyded , by some lawfull remedie . and wee doe not esteeme it lawfull for vs , to disobey authoritie in thinges lawfull , altho in themselues indifferent : for obedience commanded by the fift praecept of the decalogue , is not a thing indifferent . there bee other meanes which are lawfull and more effectuall agaynst such evills , as wee haue specified in our eleventh replye : . wee did not sweare perpetuall approbation , and practise of indifferent thinges ; but knowing these thinges in them selues , to bee approvable , wee did sweare obedience to the publicke lawes , requyring our practise in these thinges , so long as the lawe standeth in vigour , and our obedience there-to is requyred by our lawfull superioures . . this course wee holde to bee more agreeable to our duetie , than vpon private conceptions of scandals vnnecessarilie taken , to breake off our due obedience to that authoritie which god hath set over vs. . out of our assertion ( replye . ) concerning the administration of the sacraments in private places , to sicke persons , in case of necessitie , yee doe collect , that wee can not forbeare the practise of these , altho our ordinarie , and other lawfull superioures should will vs to doe so . and hence yee inferre , that heere-in pearth assemblie , for which wee stand , is wronged by vs two wayes : . that wee differ in judgement from them , about the indifferencie of the fiue articles : and next , that at the will of our ordinarie , and yee know not what other lawfull superioures , wee are readie to forbeare the practise of these thinges , which the assemblie hath appoynted to bee observed . . as for your mayne question , whether a duetie necessarie by divine lawe , may bee , or may not bee omitted , in case , our ordinarie , and other lawfull superioures , should will vs to omit it ? before wee aunswere to it , wee must expound what wee meane by our other lawfull superioures , because of your jesting pretence of ignorance heere-of . wee meane heere-by , the king's majestie , the parliament , the secret counsell , and other magistrates , and ecclesiasticall assemblies , where-vnto wee owe obedience in our practise requyred by them , according to publicke lawes . . the question it selfe ye doe expresse more clearlie in your aunswere to our fourth replye ; where yee alleadge , that wee finde some of the pearth articles so necessarie , that altho the generall assemblie of the church should discharge them , yet wee behoved still , for conscience of the commaundement of god , to practise them . thus are wee brought to this generall question ; whether , or no , anie thing necessarie ( or commanded ) by divine lawe , may , in anie case , without sinne , bee omitted , when publicke humane authoritie dischargeth the practise thereof ? for resolving of this question , wee desire the reader to take notice of these theologicall maximes , receaved in the schooles , and grounded vpon holie scriptvre . . affirmatiue praeceptes , doe binde at all tymes , but not to all tymes , but onelie as place and tyme requyre ; that is , when opportunitie occurreth . [ praecepta affirmativa obligant semper , sed non ad semper , nisi pro loco & tempore ; id est , quando opportunitas occurrit . ] but negatiue praeceptes , doe binde at all tymes , and to all tymes . [ praecepta negativa obligant semper & ad semper . a ] as for example ; a man is not obliedged to speake the trueth at all tymes ; for hee may bee some tyme lawfullie silent , but hee may never lawfullie lie . . of affirmatiue necessarie dueties , some are the weyghtier matters of the lawe , [ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ] as iudgement , mercie , and fayth , matth . . . others , lesse weyghtie , such as are those of the pearth articles ; which wee call necessarie , and yee doe reject . . the exercise of some affirmatiue necessarie dueties , may bee some tymes omitted , by authoritie , without sinne , for the publicke peace , or some pressing necessitie . thus moses permitted repudiation of a man's married wyfe , not fallen into adulterie ; neyther did hee vrge strictlie the affirmatiue duetie of adherence , and that for the hardnesse of their heart . where-in moses had respect to the peace and unitie of the tribes of israell , as alexander alensis observeth , in his summe of theologie , part. . qu. . membro . art. . & art. . david did not execute , in his owne tyme , judgement agaynst joab , for his murthering of abner , and amasa , because the sonnes of zerviah were too harde for him . circumcision was omitted , because of the vncertayntie of their abode in one place , when the people were with moses in the wildernesse . . exercise of ecclesiasticall discipline , agaynst open obstinate offenders , is an affirmatiue duetie , incumbent , by divyne law , vpon the pastoures , towards those who are committed to their charge . yet it may , and ought to bee forborne , when it can not bee vsed without an open rupture , and vnavoydable schisme . because in such a case the publicke peace is rather to bee looked to , lest in our inconsiderate zeale to separate the tares , wee plucke vp also the wheat . and what wee can not get corrected by censure , wee can doe no more but mourne for it , and patientlie wayt till god amende it , as augustine proveth at length , lib. . contra epistolam parmeniani , cap. . & cap. . & lib. de fide & operibus , cap , . for in this tyme ( sayeth gregorie ) the holie church doeth correct some thing by fervour , some thing shee tolerateth by meeknesse , some things by consideration shee dissembleth , and beareth , so that often by bearing and dissembling , shee compesceth [ or putteth away ] that evill which shee hateth . and prosper sayeth ; for this cause therefore , they must with gentle pietie bee borne with , who for their infirmitie , may not bee rebuked . . when a doctrinall errour ( not beeing fundamētall ) prevaileth by publicke authoritie in any church , a private pastor or doctor espying it , may lawfullie and laudablie , forbeare publicke stryving agaynst it , when hee evidentlie perceaveth , that vnavoydable schisme would followe there-vpon . in such a case hee should content him-selfe , to feede his hearers with that wholsome milke of the word , which they may receaue , and delay the giving of stronger foode vnto them , because of their infirmitie : considering that more necessarie and weyghtier duetie , which hee oweth for preservation of order and peace ; and labouring , in a myld and peaceable manner , to cure them . to this purpose belongeth that saying of gregorie nazianzen , let no man , therefore , bee more wyse than is convenient , neyther more legall than the lawe , neyther more bright than the light , neyther more strayght than the rule , neyther higher than the commaundement . but howe shall this bee ? if wee take knowledge of decencie , and commende the lawe of nature , and followe reason , and despyse not good order . [ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . ] and that of the auncient church of lions in france , neare eyght hundreth yeares a-goe ; who doeth not calmlie and peaceablie moderate that which hee thinketh , but is readie incontinent to contentions , dissentions , and scandalls , altho hee haue not an hereticall sense , most certaynlie hee hath an hereticall mynde . . divine institution , by the ministerie of the apostles , craveth deacons , ordayned by imposition of handes , for all their lyfe tyme , acts . yet in our reformed church of scotland wee haue no such deacons . which oeconomicall defect , necessitated by detention of church mayntenance necessarie for their sustentation , wee hope shall not bee imputed to our church , as sinne , so long as shee despyseth not that institution , and acknowledgeth , and lamenteth , this deficiencie , and endevoureth , by peaceable lawfull meanes , to haue it remedied . . altho some affirmatiue dueties , necessarie by divine praecept , doe giue place , some tymes , to other more weyghtie , and more pressing dueties , ( as the saving of a stranger may bee omitted , for saving my father , or my brother , or my sonne , out of the same danger , when i am able onlie to saue one of them . and manie such lyke examples doe occurre : ) yet it is never lawfull to condemne or oppugne such dueties , as evill , or superstitious , or scandalous in them-selues , neyther to ranke them amongst thinges in them-selues indifferent . . hence wee doe inferre , that not-with-standing of the necessitie of those of the pearth articles , which wee call necessarie , yet some tymes the practising of them , may become not necessarie , and the omission there-of not sinfull , publicke authoritie , and the necessitie of the peace of the church , so requyring . some tyme , in-deede , the omission of a thing praescrybed by an affirmatiue divine or humane lawe , may bee faultlesse : but it is never lawfull for subjectes , to transgresse the negatiue parte of the divine praecept , by resisting with force of armes , that power where-vnto god hath subjected them , and to which hee hath forbidden them , to make such resistance . neyther is it at anie tyme lawfull , for pastors and teachers , to teach erronious doctrine . . yee doe attribute to vs , as a great absurditie , that at the will of our ordinarie , and other lawfull superioures , wee are readie to forbeare the practise of these thinges which the assemblie hath appoynted to bee observed . and this yee inferre from the necessitie of administration of the sacramentes , some tymes in private places , according to our judgement . certaynlie , yee will haue much a-doe , to make good , by right logicke , this your inference from such an antecedent . but to speake of the matter of the consequent , for satisfaction to the reader , wee finde no such absurditie in it , as yee seeme to proclayme . for , if some dueties appoynted by divyne law , giue place some-tymes to other weyghtie dueties , such as is the keeping of publicke peace and good order , as we haue alreadie showne ; much more may a thing , notwithstanding of anie humane lawe appoynting it to bee observed , be for these respectes omitted , at the will and direction of those superioures , to whom wee owe our obedience requyred by that humane law , and who haue power to dispence with our practise in that part . the xiv . dvply . if the wordes of the covenant bee playne , ( say yee ) concerning the meere forbearance , and speake nothing of the vnlawfulnesse , no mans thoughts can make a change . but wee haue given our reasons , which justlie moue vs to requyre greater playnnesse ; neyther haue wee as yet receaved satisfaction , concerning those reasons . . in our replye , wee sayde , that your band of mutuall defence agaynst all persons what-so-ever , may drawe subjects , perhaps , to take armes agaynst their king , ( which god avert ) and consequentlie from that loyaltie of obedience , which they owe to their soveraygne , and ours ; except yee declare , and explayne your selues better , than yee haue hitherto done . to this yee answere , that , by this replye wee doe a threefolde wrong : one to our selues , another to the subscrybers , the third to the kings majestie . but yee haue not directlie answered to the poynt proponed by vs. . the wrong which yee say , wee doe to our selues , is in forging from the wordes of the covenant , impediments , and drawing stumbling blockes in our owne way , to hinder our subscription . this your wrongous asseveration , wee justlie denye , protesting , as wee haue often done , that wee doe walke sincerelie in this matter , according to our light , not forging to our selues impedimentes , nor drawing stumbling blockes in our owne way ; but clearlie showing the impedimentes , and stumbling blockes , which the contryvers of the covenant haue layde in our way , by their verie incommodious expression , irreconciliable ( in our judgement ) with your exposition . . yee say , wee wrong the subscryvers , in changing the state of the question , and in making a divorce betwixt religion , and the king's authoritie , which the covenant joyneth together , hand in hand . wee doe no-wayes wrong the subscrybers , when wee propone vprightlie our just scruples , as wee in our consciences doe conceaue them , where-by wee are moved to with-holde our handes from that covenant : where-of one is , the feare of vnlawfull resistance to authoritie , if wee should holde to that covenant ; howe so-ever yee will not suffer to heare patientlie this objection , because in your covenant yee doe professe , the conjunction of religion , and the king's authoritie : which profession of yours , doeth not sufficientlie serue for a full answere to our objection , agaynst those other words of that same covenant , where-vpon our scruple did aryse . to cleare this , we wish you to answere directlie ( to this our present demaund : whether or no , in case of disagreement , ( which god avert ) thinke yee that the covenantors are obliedged , by vertue of their covenant , to make open resistance , by force of armes ? if yee thinke they are obliedged to make resistance , then wee desire your answere to the reasons and testimonies brought in our duplye , proving the vnlawfulnesse of such resistance . but if yee thinke that they bee not obliedged , then declare it playnlie . . but most of all , yee say , wee wrong the king's majestie , in bringing him vpon the st●ge , before his subjectes , in whose myndes wee would ( as yee doe vnjustlie alleadge ) beget and breede suspitions of opposing the trueth , of making innovation in religion , and of dealing with the subjects , contrarie to his lawes and proclamations , and contrarie to the oath at his coronation . wee answere ; wee haue not brought , but haue found his majestie vpon this vnpleasant stage , opposing himselfe openlie to your covenant , with solemne protestations , agaynst all suspitions of opposing the trueth , or making innovation of religion , or dealing with the subjectes contrarie to his lawes and proclamations , or contrarie to the oath at his coronation . this his majesties declaration , agaynst which yee haue protested , wee haue willinglie receaved , and doe truelie belieue it . . what the most honourable lords , of his majesties privie counsell haue done , concerning his majesties last proclamation , and vpon what motiues , their honours themselues doe know , and his majesties high commissioner , hath publicklie declared in his printed manifesto , contrarie to some of your asseverations , concerning the proceeding of that honourable boord . . yee professe heere , that , it becommeth you , to judge charitablie of his majesties intentions , altho yee disallow the service-booke , and canons , as contayning a reall innovation of religion ; and doe affirme , that , the intention of the prelates , and their associates , the authors and contryvers of the bookes , is most justlie suspected by you . wee haue tolde you alreadie , that , concerning the matters , contayned in those bookes , it is not now tyme to dispute , the bookes themselues being discharged by his majesties proclamation , and a royall promise made , that his majestie will neyther now nor heere-after , presse the practise of the fore-sayde canons and service-booke , nor anie thing of that nature , but in such a fayre and legall way , as shall satisfie all his majesties loving subjects ; and , that his majestie neyther intendeth innovation in religion or lawes . as for the intentions of his sacred majestie , wee doe heartilie and thankfullie acknowledge them , to bee truelie conforme to his majesties gracious declaration , in that his last proclamation . and , in-deede , it becommeth both you and vs , to thinke so of them . neyther doe wee take vpon vs , to harbour in our breasts , anie vncharitable suspition , concerning the intentions of those others of whom yee speake ; seeing they stand or fall to their owne master , and the thoughts of their hearts are vnknowne , both to you and vs : and in a matter vncertaine it is surest to judge charitablie . yea , wee haue manie pregnant arguments to perswade vs , that those reverende prelates , and their associates , had no such intention , as yee judge . . yee make mention of three wrongs , done by vs to you : the one , in the warning , where-of yee haue an answere allreadie given in our dvplye , where yee did vse greater exaggerations , than eyther the intention of the warner did merite , or became your charitie and profession . and by your repetition of it in this place , yee show , that yee haue too great delight to dwell vpon such expostulations , where-as theologicall reasons of the matter in controversie , would better become you in such a dispvte . the second wrong is , that ( as yee alleadge ) wee haue wronged you . in with-holding our hand and helpe from so good a cause , of purging religion , and reforming the kirke , from so manie grosse abuses , and opposing all those who haue modestlie laboured for reformation . but certaynlie , the wrong is done to vs by you , in that yee doe , without warrand of authoritie , obtrude vpon vs , and vpon those committed to our charges , the swearing of an oath , which is agaynst our owne consciences : and because of our just refusall and opposition , yee doe wrong vs also , in misinterpreting our pious and vpright meanings , and in making and stirring vp collaterall , and personall quarrells agaynst vs , and threatning vs there-with . thus ( if god by his speciall grace did not vpholde vs ) might wee bee driven , by worldlie terroures , to doe agaynst the light of our owne consciences . . the third wrong , where-with yee charge vs , and for the which yee doe insinuate , that wee maye feare trouble , is ( as yee alleadge ) in our speaches , in publicke , and private , and in our missiues , &c. herevnto wee answere , as in our former replyes , that when-so-ever it shal please you , to specifie these speaches , we hope to giue you , and all peaceablie-disposed christians , full satisfaction , and to cleare our selues of that imputation ; so that none shall haue just reason , to worke vs anie trouble . in the meane tyme , if our ingenuitie would permit vs , ( as it doeth not ) to thinke it a decent course , to make vse of hearkeners , and catchers of wordes , and to wayte for the haulting of our brethren , some of your owne speaches might bee represented vnto you , wherein yee would find weaknesse . . as for these outward , or externall argumentes , which ye bring heere , to proue your covenanting , to bee the worke of god , from the successe of your enterpryze , from the multitude of subscrybers , and from their contentment , and from their good carriage , ( which wee would wish , in manie of them , to bee more charitable , and peaceable , and so more christian , than it is ) wee can not acknowledge , to bee a commentarie written by the lord' 's owne hand , ( as yee pretende ) in approbation of your covenant ; vnlesse yee first clearlie showe vs the text or substance of your covenant , to bee written in the holie scriptures , in all poyntes there-of ; especiallie in those poyntes , wherein yee and wee doe controvert , and which onelie , at this tyme , can bee pretended against vs , seeing we make opposition onelie in those poyntes . and wee wish heartilie , that leaving these weake notes of trueth , to the papistes , chiefe acclaymers of them , amongst christians , ( that wee speake no-thing of aliens from christianitie ) yee would bee pleased to adhere , with vs , vnto the holie scriptures , as the onelie sure and perfect rule of true religion , and the heavenlie lampe , which god hath given vs , to showe vs the way of trueth and peace : where-in the god of trueth and peace direct all our steppes , for iesus christ our saviour , who is our peace : to him bee glorie for ever : amen . iohn forbes of corse , doctor and professor of divinitie in aberdene . robert baron , doctor and professor of divinitie , and minister in aberdene . alexander scrogie , minister at old aderdene , d. d. william lesley , d. d. and principall of the king's colledge in aberdene , ia : sibbald , doctor of divinitie , and minister at aberdene . alexander rosse , doctor of divinitie , and minister at aberdene· some escapes in printing . pag. line for reade because your answers because their answeres answeres argumentes chap. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . cap. ibid. ibid novatus novatian ( called their discerned decerned [ novatus ) resicere , omnesque etiam resicere . omnes etiam 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the in the alleadged allowed ibid. conventions , ye meane covētiōs , frō their purpo and that that [ sed ends , yemean ibid. last seruice-booke service-booke , and ca●●● is discharged are discharged penult . condemning condemning of contryvers recommenders enjoying injoyning bid . last consilio concilio margin leg. in sexto . reg. had wee eot had we not our propositions our proposition of standing to standing episcopie episcopacie monarchies monarchs lib. leg. clericis . now clericis . leg. . now ibid. puniatur hoc ipso puniatur . hoc ipso cursing accusing . &c. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 notes, typically marginal, from the original text notes for div a -e lōd . edit . anno . pag. . . xii . tabularum fragmenta . de officio consulis . regio imperio duo sunto : iique praeundo , indicando , consulendo , praetores , judices , cōsules appellantor : militia sumùm jus habento , nemini pavento . salus populi suprema lex esto . a quid ergo turbamini ? volens nunquam vos deseram , coactus repugnare non n●vi . dolere potero , potero flere , potero gem●re ; adversusarma , milites , gothos quoque , lachryma mea arma sunt . talia enim munimenta sunt sacerd●ti● . aliter nec dib●a nec possum resistere . b non ego mi vallabo circumfusione populorum . — rogamus , auguste , non pugnamus . — tradere basilicam non possum , sed repugnare non deb●● . interest enim quibus causis , quibusque authoribus homines gerenda bella suscipiant : ordo tamen ille naturalis , mortaliam paci accommodatus hoc poscit , vt suscipiendi belli authoritas , atque consilium penes principem sit . aug. lib. . contra faustum , cap. . hugo grotius , de jure belli & pacis , lib. . cap. . num . . averrces ● ▪ metaphys . comment . ▪ see hugo grotius , de jure belli & pacis , pag. where hee citeth sundrie anciēt authors . rivet , in his iesuita vapulans , cap. . ambrose in obitum valentiniani . see doctor field in his . booke of the church , cap. . altare damascen , pag. . & . re-examination of the assemblie of pearth , pag. . ●n regulis ●uris , leg . . gregorie nazianzen . orat. ● . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . vpon these wordes , nicetas , his interpreter , speaketh thus ; baptismum suscipe quamdiu minime circum te pugnant is qui te baptismi aqua tingare parat , & qui poecuniarum ●uarum hares futurus est . ille videlic●● studi●se agens atque contendens vt ea quae ad vitae exitum necessaria sunt , suppeditet , hoc est , vt te salutari aqua tingat & dominicum corpus impertiat , hic contra vt testamento hares scribatur . concilium nicenum , can. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 &c. balsamon his words are , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . altare damascen , pag. . dispute agaynst the english popish ceremonies , part . . cap. . sect . . re-examination of the article● of pearth , pag. see the dispute against the english popish ceremonies , part . . cap. . sect . . the late confession of helvetia , cap. . confession of bohemia , cap. . english confession , art . . confessio of auspurg , art . . art . . confession of wirtemberg . art . . confession of sweueland , cap. . calvin . institut . lib. . cap. . §. . oecolampadius epist. lib. . pag. . zepperus polit. eccles , pag. . . . zanchius , in quarium praeceptum , melanchthon , in manie places , &c. see peter martyr , on the chap. of the epistle to the rom . and gerardvs , in loc. theolog . tom. . altar . damase pag. . dispute agaynst the english popish ceremonies , part . cap , . digress . . favor●iliores rei potius quam actores habentur . ff . lib. . reg. . melanch . in an epist . to canerarius , in concil . theolog. melanch . in an epist . to camerarius , in concil . theol. pag. . quo jure enim i●c●bit nobis dissolvare 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ecclesiasticam ? ●i episcopi nobis concedant illa , quae aequun esse eos concedere ? et vt liceat , c●rte non expedit . semper it a sensit ipse lutherus , quem nulla de causa , quidam vt video , amant , nisi quia ●enefitcio ejus sentiunt se , episcopos excussisse & adept●s libertatem minime vtil●m ad post●ritatem . so in an epist. ad episc . augusten , deinde v●lim h●● tibi persuadeas de me deque multis aliis nos optare vt pace constituta episcoporum p●tes●a● , sit incolumis . et hane plurimum prodesse ecclesiis judicamus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 si quis cum sacra mysteria celebrātur , in sanctam ecclesiam ingrediens , episc●po , aut clericis , aut ministris aliis ecclesiiae 〈◊〉 juriam aliquam inserat : jubemus hunc verbera sustinere , & in exilium mitti . si verò haec sacra ministeria conturbaverit , aut celebrare probibuerit : capitaliter puniatur hoc ipso & in litaniis , in quibus episcopi , aut clerici reperia●tur , custodiendo . et siquidem i●●uriam solum feceri●is , verberibus exilioque tradatur . si verò etiam litaniam concusserit , capitale periculum su●tin●bi●● & vindicare jubemus non solum civiles , sed etiam militares judices . in his second homilie vpon thes words salute priscilla and aquila . tom. . edit . sa●il . pag. aug. lib. de vnico baptismo , cap. . o quam detestandus est error hominum , qui elarorū viro rum quadā non restè facta laudabiliter se imitari putant , à quorum virtutibus alieni sunt . evseb . lib . . hist. eccles . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . sam . xi . . ivdic . vii . . arth. ionst . paraph. psal. a thom. ● ● , q● . . art . . ad m bonavent ▪ in . sent . dist . . art . . qu. . in resolutione . scotus in . sent . dist . . qu. vnica , num . . gregor . respons . ad . interrogationem augustini caentuariensis . in hoc enim tempore sancta ecclesia quaedam per f●rvorem corrigit , quaedam per mansuetudinem tolerat , quaedam per considerationem dissimulat , atque portat , vt saepe malum quod aversitur , portando & dissimulando compescat . prosper , lib. . de vita contemplativa , cap. . propter hoc ergo , blanda pietate portandi sunt , qui increpari pro sua infirmitate non possant . nazianz. orat. . tom . . pag. . & . edit . graecol . paris . anno . eccles . ludg. lib. de tenenda veritate scripturae post medium [ in bibl. patr. tom. . part. edit . . ] qui non tranquillè & pacificè moderatur quod sentit , sed statim paratus est ad contentiones , dissentiones , & scandala , etiamsi non habeat haereticum sensum , certissime habet haereticum animum . thom. a ae qu. . art . . propter nullum scandalum quod sequ● videatur , debet homo , praetermissa veritate , falsitatem docere . hieronym . apologia adversus ruffinum , quae incipit , lectis literis , prope finem . talibus institutus es disciplinis , vt cui respondere non potueris , caput auferas ; & linguam , qua tacere non potest se●●s ? nec magnop●re glorieris , si facias quod scorpiones possunt facere , & cantharides . fec●runt haec & fulvia in ciceronem , & herodias in loannem : quia veritatem non poterant audire : & linguam veriloquam discriminali acu confoderunt . — adversum impiissimos c●l●um atque porthyrium quanti scripsere nostrorum ? qui om●ssa causa , in sup●rflua criminum objectio●● versatus est ? a proclamation, against the resset of the rebels, and for delivering them up to justice proclamations. - - scotland. sovereign ( - : charles ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a proclamation, against the resset of the rebels, and for delivering them up to justice proclamations. - - scotland. sovereign ( - : charles ii) charles ii, king of england, - . sheet ([ ] p.) edinburgh, printed by the heir of andrew anderson, printer to his most sacred majesty, anno dom. . reprinted for andrew forrester, in king-street vvestminster, [london] : [ ] at end of text: given under our signet at edinburgh, the twentieth sixth day of june, . and of our reign the thirty one year. arms ; steele notation: faith, their un-. reproduction of original in the folger shakespeare library, washington, d.c.. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng covenanters -- early works to . scotland -- history -- - -- early works to . broadsides -- england -- london broadsides -- scotland - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion cr honi soit qvi mal y pense royal blazon or coat of arms a proclamation , against the resset of the rebels , and for delivering them up to justice . charles , by the grace of god , king of great brittain , france and ireland , defender of the faith , to all and sundry our leidges and subjects , whom these presents do or may concern , greeting : forasmuch as upon the first notice given to our privy council of the rising and gathering of these dis-loyal and seditious persons in the west , who have of late appeared in arms in a desperate and avowed rebellion against us , our government and laws , we did declare them to be traitors , and discharged all our subjects to assist , resset , supply , or correspond with any of them , under the pain of treason . and the saids rebels and traitors , being now ( by the blessing of god upon our forces ) subdued , dissipated and scattered ; and such of them as were not either killed or taken in the field , being either retired secretly to their own homes and houses , expecting shelter and protection from the respective heretors , in whose lands they dwell , or lurking in the country . and we being unwilling that any of our good subjects should be ensnared , or brought into trouble by them ; have therefore with the advice of our privy council , thought fit again to discharge and prohibite all our subjects , men or women , that none of them offer or presume to harbour , resset , supply , correspond with , hide or conceal the persons of robert hamilton , brother german to the laird of prestoun , john patoun in meadow-head , alias captain patoun , joseph lermont , alias major lermont , illiam cleeland , john balfour of kinloch whitfoord of bla quhan younger , meclellan of barscob , john wilson , son to alexander wilson town-clerk of lanerk , ross 〈…〉 , pretended major , thomas weir , brother to kirkfield , hackstoun of rathillet , carmichael , son to the earl of wig●on's chamberlane , cannon of mondrogat , mr. william ferguson of ketloch , james russel in kingsketle , george balfour in gilstoun , andrew and alexander hendersons , sons to john henderson in killbraichmont , andro guilan weaver in balmerino , george fleeming younger of balbuthy , robert dingwall , son to dingwall in caldhame , mr. samuel arnot , mr. gabriel semple , mr. iohn welsh , mr. iohn king , mr. donald cargil , mr. george barclay , mr. john rae , mr. thomas dowglas , mr. forrester , mr. robert muir , mr. lamb , mr. richard cameron , mr. davi● home ure of shirgarton , forrester of bankhead , john haddoway merchant in dowglas , james white writer the 〈…〉 cunninghame of mountgrenan , and mr. iohn cuninghame sometime of bedland , james and william cleillands , brethr●n 〈◊〉 〈◊〉 to john haddoway merchant in dowglas , thomas bogle of boglehole , alias neither-carmile , gordons of ea 〈…〉 older and younger , medowgall of freuch , the laird of remenstoun , brother to the earl of galloway , the laird of 〈◊〉 - stewart , brother to the said earl , gordon of craichlay turnbul of beuley , thomas turnbul of standh 〈…〉 hendry hall , george home of greddin , macky of cloncard , mr. john kae , somervel of vrats , mr. archibald riddel , brother to the laird of riddel , catcharts , two sons of the lord cathcart , blair of phinnick , murdoch , alias laird murdoch , r●lland ritchison fewar in gilmerton and his three sons . or any others who concurred or joyned in the late rebellion , or who upon the account thereof , have appeared in arms in any part of this our kingdom : but that they pursue them as the worst of trai●ors , and present and deliver such of them as they shall have within their power , to the lords of our privy council , the sheriff of the county , or the magstrates of the next adjacent burgh-royal , to be by them made forth-coming to law : certifying all persons , either heretors , tenents , or other men or vvomen , as shall be found to fail in their duty herein , they shall be esteemed and punished as favourers of the said rebellion , and as persons accessory to , and guilty of the same . and to the end , all our good subjects may have timeous notice hereof , vve do ordain these presents to be forthwith printed , and published at the mercat crosses of edinburgh , linlithgow , stirling , lanerk , air , rutherglen , glasgow , irwing , vvigton , kirckcudurgh , dumfreice , cowpar in fife , jedburg , perth , and remanent mercat crosses of the head burghs of the several shires of the kingdom , by macers or messengers at armes : and we do recommend to the right reverend our archbishop and bishops , to give order that this our proclamation be , with all diligence , read on the lords day in all the churches vvithin their several diocesses , that none pretend ignorance . given under our signet at edinburgh , the twentieth sixth day of june , . and of our reign the thirty one year . al. gibson . cl. sti. concilii . god save the king . edinburgh , printed by the heir of andrew anderson , printer to his most sacred majesty , anno dom. . reprinted for andrew forrester , in king-street vvestminster . a proclamation against the resset of the rebels, and for delivering them up to justice england and wales. sovereign ( - : charles ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a proclamation against the resset of the rebels, and for delivering them up to justice england and wales. sovereign ( - : charles ii) charles ii, king of england, - . sheet ([ ] p.) printed by the heir of andrew anderson ... ; and now reprinted, edenburgh : london : . broadside. reproduction of original in bodleian library. entry for c cancelled in wing ( nd ed.). created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng covenanters. scotland -- history -- - . broadsides -- england -- london -- th century - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion royal coat of arms a proclamation , against the resset of the rebels , and for delivering them up to justice . charles , by the grace of god , king of great britain , france and ireland , defender of the faith , to all and sundry our leidges and subjects , whom these presents do or may concern , greeting : forasmuch as upon the first notice given to our privy-council of the rising and gathering of these disloyal and seditious persons in the west , who have of late appeared in arms in a desperate and avowed rebellion against us , our government and laws , we did declare them to be traitors , and discharged all our subjects to assist , resset , supply , or correspond with any of them , under the pain of treason . and the saids rebels and traitors being now ( by the blessing of god upon our forces ) subdued , dissipated and scattered ; and such of them as were not either killed or taken in the field , being either retired secretly to their own homes and houses , expecting shelter and protection from the respective heretors , in whose lands they dwell , or lurking in the countrey . and we being unwilling that any of our good subjects should be ensnared , or brought into trouble by them ; have therefore with advice of our privy-council , thought fit again to discharge and prohibit all our subjects , men or women , that none of them offer or presume to harbour , resset , supply , correspond with , hide or conceal the persons of robert hamilton , brother german to the laird of prestoun , john patoun in meadow head , alias captain patoun , joseph lermont , alias major lermont , william cleeland , john balfour of kinloch whytfoord of blaquhan younger , medellan of barstob , john wilson , son to alexander wilson town-clerk of lanerk , rosse , pretended major , thomas weir , brother to kirkfield , haxstoun of rathillet , carmichael , son to the earl of wigtons chamberlane , connon of mondrogau , mr. william ferguson of ketloch , james russel in kinksketle , george balfour in gilstoun , andrew and alexander hendersons , sons to john henderson in kilbraichmont , andro guilon weaver in balmerino , george fleeming younger of balbuthy , robert dingwall , son to dingwall in caldhame , mr. samuel arnot , mr. gabriel semple , mr. john wolsh , mr. john king , mr. donald cargil , mr. george barclay , mr. john rae , mr. thomas dowglas , mr. forrester , mr. robert muir , mr. lamb , mr. richard cameron mr. david home vre of shirgarton , forrester of bankhead , john haddoway merchant in dowglas , james white writer there , cuninghame of mountgrenan , and mr. john cuninghame sometime of bedland , james and william cleillands , brethren-in law to john haddoway merchant in dowglas , thomas bogle of boglehole , alias nether carmile , gordons of earlstoun elder and younger , medowgall of french , the laird of remenstoun , brother to the earl of golloway , the laird of castle-stewart , brother to the said earl , gordon of craichlay , turnbul of beuley , thomas turnbul of standhill , hendry hall , george home of greddin , macky of cloncard , mr. john rae , somervel of vrats , mr. archibald riddel , brother to the laird of riddel , cathcarts , two sons of the lord cathcart , blair of phinnick , murdoch , alias laird murdoch ; rolland , richisond fewar in gilmerton and his three sons . or any others who concurred or joyned in the late rebellion , or who upon the account thereof , have appeared in arms in any part of this our kingdom : but that they pursue them as the worst of traitors , and present and deliver such of them as they shall have within their power , to the lords of our privy-council , the sheriff of the county , or the magistrates of the next adjacent burgh-royal , to be by them made forth-coming to law : certifying all persons , either heretors , tenents , or other men or women , as shall be found to fail in their duty herein , they shall be esteemed and punished as favourers of the said rebellion , and as persons accessory to , and guilty of the same . and to the end , all our good subjects may have timeous notice hereof , we do ordain these presents to be forthwith printed , and published at the mercat-crosses of edenburgh , linlithgow , stirling , lanerk , air , rutherglen , glasgow , irwing , wigton , kirckcudburgh , dumsreice , cowpar in fife , jedburgh , perth , and remanent mercat-crosses of the head burghs of the several shires of the kingdom , by macers or messengers at arms : and we do recommend to the right reverend our archbishop and bishops , to give order that this our proclamation be , with all diligence , read on the lords day in all the churches within their several diocesses , that none pretended ignorance . given under our signet at edenburgh , the twenty-sixth day of june , . and of our reign the thretty one year . al. gibson , cl. sti. concilii . god save the king . edenburgh printed by the heir of andrew anderson , printer to his most sacred majesty , anno dom. . and now re printed at london . the ansvveres of some brethren of the ministerie to the replyes of the ministers and professours of divinitie in aberdeene, concerning the late convenant. henderson, alexander, ?- . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc . estc s ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the ansvveres of some brethren of the ministerie to the replyes of the ministers and professours of divinitie in aberdeene, concerning the late convenant. henderson, alexander, ?- . dickson, david, ?- . [ ] p. [j. wreittoun?], [edinburgh?] printed: . signed at end: master alexander hamilton, master david dickson. imprint suggested by stc ( nd ed.). signatures: [pi]² *⁴ [a]²(-a ) b-i². reproduction of original in the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng covenanters. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - olivia bottum sampled and proofread - olivia bottum text and markup reviewed and edited - pfs batch review (qc) and xml conversion the ansvveres of some brethren of the ministerie . to the replyes of the ministers and professours of divinitie in aberdeene : concerning the late covenant . : chron. . . and all ivda rejoyced at the oath : for they had sworne with all their heart , and sought him with their whole desire : and hee was found of them . printed the yeare of god , . to the christian reader . that you maye know our proceedings , how wee are brought upon the stage , and con●…rie to our expectation , are put in print . comming to abe●…dede on fryday the afternoone , wee received , the demands of our reverend brethren that night late : and , for the greater expedition , without delay , wee returned our summarie answers on saturday at night . on the lords day following , wee desired to expresse our-selves to the people in presence of the ministerie , but the pulpits and kirks were altogether refused ; and therefore in the most convenient place wee could have , sub dio , and at such houres as were vacant from the ordinarie exercises of publicke worship ; wee delivered our message in the audience of manie . after our last sermon , towards evening , wee found that our labour was not in vaine in the lord , for diverse persons , of speciall note , both for place and wisedome , with willing heart , & great readinesse of minde did publickly put their hands to the couenant . having the weeke following seene some parts of the countrey , ( where besides the presbyteries alford and deare , who had subscribed before , the moderator , & diverse of the presbyterie of aberdene , the presbyterie of turreff , after they were satisfied in some scruples , did also subscribe ) wee returned the next saturday to aberdene ; where finding that some others had subscribed that week , we resolved to preach upon the morne . that night wee received a reply , unto which before our returne home , wee have made an answere . all these we desire may bee unpartially considered : and if it shall please the lodd , that any light shall come from our labour unto thy minde , let it bee ascribed not unto us , ( who neither had time nor helps for such a taske ) but to the brightnesse of the trueth , and cause it selfe , and to the father of lights : to whom bee all glorie . vvhat did prodeed from our penne in our answ●… to the d. d. of aberdeene , concerning the late declaration given to his majesties commissioner , did flow from minds filled with a zeale to the peace of this kirk & kingdome , and from our earnest desires of a perfect harmonie , betwixt the king and his subjects against all mistakings . this zeale of ours wee confesse made us studie more , how to decline and to keepe our selves from touching such of the d. d. demands as were thornie , than howe to walke safely through them . and likewise to make manifest to his majesties good subjects in all places whether the d. d. demands , and our answeres should happen to come . that matters inclined to pacification , and were in a faire way off setling : for which peaceable intentions we could conceive nothing to bee more behovefull , than by word and write to make knowne to all men the forsaid declaration , which his majesties loyall subjects presented to his majesties commissionar , for clearing their covenant of all unlawfull combination against authoritie . and by so doing , to stoppe the mouthes of our adversaries , and to stay all their obloquies . in using of this meane , it was far from our thoughts to wound anye man , or to write anye word , which might give the smallest offence to the meanest of his majesties subjects , hoping rather that these our proceedings should have beene more acceptable to authoritie , more approven of the wife and men of understanding , and more aggreable unto the minds of such as are for peace ; than rashly and unadvisedly to have gone on in a dispute of state questions , which hardly at any time hath beene profitable for peace , and which at this time seemed to us ( to say no further ) most unseasonable & impertinent . yet knowing that it were not only base and shamefull , but in our persons , and in our proceedings in this cause , a very great incongruitie , and in it selfe sinfull , to speake wickedly for god , and to talke deceitfullie for him , for that were as one man mocketh another so to mocke him . iob. . . . and to make iniquitie a meane to promove piet●…e , ( a policie which wee have not learned , ) as if god could bee served with our sinnes . wee have made heere a briefe relation of the reasons & grounds , where-upon wee have in our answeres confidently affirmed , that his majesties commissionar did accept , and was well pleased with the late declaration . . his g. was most earnest to have the late covenant so solemnely sworne , and so universally subscribed to bee rendred , or rescinded , and did propone plausible reasons for that effect . but this by such strong impediments as were at that time represented , and are now extant in print , being impossible to us to doe , except wee wold sin highly against god. his g. afterward declared that the kings majesty was most willing to indict an assembly & call a parliament , but that our covenant in the clause of mutuall defence , was a combination against authoritie , and that we had sworne to defend one another in our owne private quarrells , aswel as in the cause of religion . this his g. desired to bee removed , as a maine hinderance of the obtaining of our desires , and without the removall whereof an assembly , and parliament could not be indicted . when this motion of a declaration was first proponed to the severall meetings the greater part was against it : because no declaration , containing ●…ye thing contrarie to the covenant could bee granted , and an explanation of the covenant , the meaning whereof seemed to be plaine enough , would no more please than the covenant it self : but by the earnest dealing of some noblemen of his majesties counsell sent from the commissioner , with some commissioners sent from everie meeting , it was thought meet in end , that a supplication containing a declaration should bee formed , which at last his g. did receive at the hands of the supplicants , and upon the receiving thereof promised to deale with the kings majestie for obtaining a free assembly and parliament , which he refused to undertake without this declaration . thus by the very nature and course of our proceedings about this point , it is manifest that the declaration was , at least in this farre satisfactorie to the commissioner himselfe , that hee did promise to mediate for an assembly and parliament , which was both the summe of our desires , and the onely end of this declaration . so that no man could in any reason think that we should have wronged him in affirming that his g. did accept , and was well pleased with that declaration since upon the sight , receiving , and hearing thereof , he promised to doe his best endeavours with his majestie for obtaining what was petitioned by us , which before and without it , his g. had utterly refused to doe . . the three noble-men of his majesties counsell who were imployed by his g. about this declaration , did repare ordinarly to him for advysing what forme of declaration would best please , and give best satisfaction . and we had great reason to think that the forme which pleased their lorships should not be displeasing , or unacceptable to his g. . after that diverse formes of declaration were drawn up , and none of them was found to give satisfaction : at last it was thought good , that one should bee formed by waye of supplication for a generall assembly and parliament . and because the maine hinderance of obtaining thereof , was that our covenant was suspect to be a combination against authoritie , it was found necessare that this impediment should bee removed by declaring that no such thing was intended in the covenant . this forme of supplication did first please the three noble-men , and thereafter , diverse parts and expressions of it were corrected by his g. particular direction , which are still keeped in remembrance , & in the notes of the noblemen and others at that time imployed about this work frō their several meetings . this made us to think that his g. was well pleased with so much as was corrected by himself , and that his g. would have also corrected other parts & expressions thereof , if hee had not bene well pleased with them : and therfore made us secure that his g. would no have offended that we or any other , shuld have affi●… so much . . wee have reason to think that the first declaration which was showne to the petitioners by the three noblemen sent from his g. to negotiate with them , would have given satisfaction ; why then shall wee not think , that the supplication mended by his owne particular direction , not in the petitorie part , but in the declaration which it contained , might in like manner satisfie . . among other partes of the declaration which were mended by the commissioners direction , one was in the beginning thereof , where , in place of that which was first written that the kings majestie bad conceived the confession of fayth and covenant lately renewed by us his majesties subjects to bee an unlawfull combination against authoritie : his g. would have it changed thus , that his majesties commissioner hath conceived the confession of faith , &c. wee might therefore have imagined that the kings majestie possibly would not have beene pleased with our declaration , but it could not so much as enter in our minds that his majesties commissioner , who would have the words to expresse his owne dislike , and not the kings , should not for his owne part beene pleased with it , or bee offended with us , for affirming so much . . there was some reasoning between the three counsellers and the petitioners , whether the words of the declaration should bee thus conceived , amaine hinderance , or , the mains hinderance , for which later conception the petitioners did plead , that this which was the maine hinderance being removed by their declaration , for which end they were moved to make it , ther might bee no more hinderances afterward , or at lest so small ones , that they might easily be put out of the way ; and the trueth is , that since the removall of that main hinderance , we have heard of no particulare hinderance from the contents of the covenant . this also did make us to say with the greater confidence that the declaration did please . . when the declaration was received by his majesties commissioner , was read openly , and was confirmed heartily by the oath of the petitioner . his g. declared that hee verily believed that they meaned what they spake , that hee hoped what they had written should prove satisfactorie to his majestie , and that hee would against the time appointed do his best endeavours with his majestie for obtaining our desires , which could not but make us conceive that his g. was satisfied with it himself . . although all the companies of petitioners could not bee present to hear with their own eares , the words that were spoken , yet all of them had so much as we have written , reported unto them , not by uncertaine rumour , but by the faithfulnesse of their commissioners ; and upon the certaintie of this report , and certaine evidences of the trueth , they rested satisfied , and were put in hope of a generall assembly at the commissioner his returne . which hath made them also now in their answers to the last of the late propositions made unto them by his majesties commissioner after his returne , to affirme , that his g. accepted their declaration as the most ready & powerfull mean , which could come within the compasse of their thoughts , for clearing them of that objected combination , lykeas they have testified no lesse in their letters to others . so that if wee have erred in our affirmation , we have not erred alone , but have beene carried awaye with the common errour of so many as were heere conveened , without exception of any one . . as it is verie unbeseeming our profession & calling , so was it verie far from our minde & desire , in our answers to touch the honourable lords of counsell , or any in authoritie under his sacred majestie . if the act of approbation with the subscriptions thereof , ( the ground of the missive ) was torne and rescinded and the missive it selfe , once thought fitte to bee sent , was returned and promise given , that it should not be sent , there was no lesse done than was assevered by us . what reason wee had to affirme that this was done upon the supplication & complaint of the lieges , may appeare , if it be remembred , first , that some of the honourable lords of ●…unsell after they were informed by the supplicants what p●…udices were done to their cause by the act approving the proclamation , were passionatly desirous to have the act rescinded , and did declare that they would not spare to deale with the commissioner for that effect . . when it was requyred by the supplicants , that another act should bee made bearing , that by their subscribing the proclamation they had not given their approbation to it , it was often and at large answered , that they did not by their subscription approve the proclamation , but onely gave warrant thereby to the clerke for registration , and to the herauld for publishing the same . and thirdly the supplicants presented a petition containing the reasons of their desires , and could not bee satisfied , except upon these reasons the act were rescinded , and the missive stayed . this supplication was received by the commissioner , was openly reade , and answere was given by his g. that their desire should be satisfied . all this in substance was knowne to many thousands before any word was seene from our penne , neither had anye thing written by us come to the sight of the world , if it had not beene put to the presse by the d. d. so much have wee beene constrained to say for vindicating our selves , who esteeme it to bee our chiefest comfort and greatest glory , that wee plead for the cause of god , and trueth of religion and desire neither in our plea nor in our preaching for the defence of the trueth to alledge any un●…ueth . we have written nothing before , or at this time , from an humour to contradict any man , or to wrong the meanest far lesse any of the honorable lords of his majestices counsell , & least of all his maiesties high commissioner but doe confesse that there was much insisting great working on both sides ; & many meetings ▪ before the forme of declaration could bee agreed upon , and received : and wee doe believe also that the rescinding of the covenant , so vehemently urged , was that which would have given him , as his majesties commissioner , greatest satisfaction , neither are wee ignorant that partly through the malignancie of sycophants watching all opportunities to promove their owne projects ; partly through the rubs and difficulties which occurre in working of great maters to their wished ends ; and partly through the busie and overweaning conceit of some who would seeme to bee somewhat that they may warme themselves at a combustion , and who are readie to raise suspitions against the wisest and best affected to authoritie ; much must beewritten and spoken per ragioni di stato , which otherwise would not bee thought so necessarie . yet cannot wee conceive but the acceptance of the declaration of the loyaltie of his majesties subjects set down in writ , and seconded by oath , was good service to the king , and that labouring with his majestie to possesse his royall heart with the best conceptions and constructions of the actions of his well meaning , and honest hearted subjects , deser●…eth from them the increase of that respect , and honour which they owe to all whom god honoureth to bee instruments of good and happinesse to this kirke and kingdome , which the lord establish under his majesties long and prosperous reigne . to the reader . good reader , what could not be performed by us in printing or answeres severally after their owne replyes , let it bee supplyed by thy selfe in reading . and if there bee any part of our answers which seemeth not to be relative to the replyes , let it bee imputed to the d. d. whose printed copie agrieth not with that , which in wr●…t was sent unto us under their hands , & unto which our answeres were made . neither is it our fault that our answeres have not come to light before this tyme , we having sent the same , without the changing of one word to bee printed at aberdene , before our comming from that part of the countrie : this must bee ascribed to the ordinary difficulties and hinderances , which use to oppose the trueth and a good cause in the world , and which , it is not meete now to specifie . to ovr reverend brethren , the doctors and ministers of aberdeene . that our answeres ( reverend and beloved brethren ) have not given you full satisfaction , as it may bee imputed to our weaknesse , in the defence of so good a cause , so may it proceede also from your owne prejudice against what could be said by us , which wee have some reason to suspect for two causes , one is , that your demands which wee conceived to have beene intended meerly for us , and were sent unto us from you in write , were published before our comming in print , lyke as you have now printed and published your replyes before you had seene our answeres unto that which wee received from you last in write ; wee having promised to the bearer , to returne an answere shortly ere wee departed the countrey . this may seeme rather to bee a seeking of victorie from praejudice , than a search of veritie for satisfaction . the other cause of our suspition , is , that the groundes of our answeres to you , have proven satisfactorie to others , who for age , and gifts of learning and understanding , are pryme men in this kirk and kingdome , and to whom modestie will not suffer you to preferre your selves . but whether our weaknesse , or your prejudice bee the cause , must bee now judged by others , to whose viewe yee have brought us : whom therefore wee with you heartily desire unpartiallie to considder our first and second answeres ; wishing and hoping that partialitie , prejudice , and all worldly respects and feares , layde aside , the naked trueth shall bee seene of all her lovers . concerning your confidence of us , as wee in loue judge , that yee thinke not your selves to bee striving against the trueth ; so maye yee conceive , that wee can no more be●… brought to your minde , than wee can bee drawne from the profession of our religion , as it hath been reformed , sworne , and confirmed by the late and preceeding covenants , and from following the example of our religious reformers , and the many worthies succeeding them in this kirke , who would have beene glad to have seene the dayes which wee now doe see : and for which wee pray , that both yee and wee may bee thankfull ; so shall it not be imputed unto us , that wee have not discerned , and used the daye of the lords visitation : so shall wee all rejoyce together in the daye of the lord . to the first reply . yovr experience in your disputes agaynst the common adversarie , wherein you say ye are so frequent , hath ( no doubt ) taught you , howe easie a matter it is to multiply objections against the tr●…th , and cause of god : and your selves knowe , that your objection against our calling , and the warrant of our comming to you , was framed , and published in print , before it was propounded unto us : and ere our answere could bee had ; but so soone as we did heare your demands , we answered incontinent , in the humilitie and trueth of our minds , that wee were to obtrude nothing upon you , or your flock , by any particular authoritie , civill or ecclesiastick , but that we did come in all meeknesse , to represent unto you the present case of this kirke , and in love to intreat you , to joyn with us , for the peace thereof ; for which wee trust , without wronging any lawfull authoritie , wee may claime the warrant of the highest and greatest authority , although wee had not beene sent from almost the whole kirke and kingdome , lawfully conveened at this time , for preservation of religion , and of the liberties and lawes of this kingdome , so sore shaken , by the usurpation of the prelates , and their favourers . let us consider one another , to provoke unto love , and to good works , &c. sayeth the apostle , heb. . . and where yee object , that without your leave we preached within your congregation ; which is aggravated by you , as a hainous fault , both against scripture , and against the canons of antient councells , which yee have laboriously quoted against us , we intreat you , to bee more sparing , lest the guiltinesse , if there be any , reflex upon your selves : for your pulpits and kirks beeing denyed us , ( not from any injurie done by us , but by your owne determination , before our comming ) a necessitie was laid upon us , to deliver our message in such places , as your courtesie did permit ; wherein no man will find , that we have failed , if he consider , first , that there is as wyde difference betwixt ecclesia turbata & pacata , the troubled and peaceable estate of a kirke , as is betwixt ecclesia constituenda & constituta , & many things are necessarie in the one , which perhaps are not expedient in the other . ye speak of the constitution of the kirk this yeere , as if ye had beene speaking thereof many yeeres before this time . . that the word of god , and the canons of councels , will have pastors so to care for their owne flockes that they forbidde them not , to care for the whole kirke , especiallie in the time af a common combustion . when the house is on fire everie man ought to runne to all rowmes , where hee may quench it : when a laik striketh up in a ship , every mariner , yea , everie passinger ought to labour to stop it . even hee who is not universall pastor of the kirke , is pastor of the universall kirk : and the apostle hath taught us , that wee are members one of another , rom. . . as all the members of one bodie beeing many , are one bodie ; so also is christ. . cor. . . that the members should have the same care one of another , verse . . if some members of this kirk had not cared more kindlie , in this time of common danger : than other some have done , the whole bodie had beene ere now dangerously , if not desperately diseased . . that we made choyse of such ho●…res , for delivering our message , that the people might attend your ordinarie times of publick worship ; which maketh your charge , of the peoples contempt , or ours , of your ministerie , to be most unjust . in the second part of your reply to our answere to your first demand , yee might have made choyse of words witnessing more respect to the most part of the kingdome now , and to the kirke in former times , than of a confederation , and negative confession : we know no other confederation at this time , but this same laudable covenant which our progenitors , and many yet living , made with god , and amongst themselves , at the commandement of authoritie , and according to the example of the people of god in former times . neither is that short confession meerly negative , since the beginning thereof is affirmative , & doeth virtuallie containe the first large confession ratifyed in parliament , . . no pastors , in our knowledge , have either beene forced to flee to forraigne countreyes , or have beene threatned with the want of their stipends , for the refusing their subscription : but this wee have heard , that some of them have of their owne accord , gone to court , for procuring of protections against their creditours , and against the lawes , and duetie of good subjects , have made lies between the king and his people . others wee knowe have wilfully refused , to abyde with their flock : and beeing eranestly entreated by them , to attend their charge , have left them , and haue gone out of the countrie , for no reason , but because the people had subscribed , and as ye know , that arguments have beene taken from augmentation of stipends , to hinder subscription : so ye may know , that feare of worldy losse , rather hindereth men to subscribe , than scruple of conscience . the prelates flight , seemeth rather to have proceeded from inward furies of accusing consciences , or for feare of a storme , ( which beeing procured by their owne doing , may be easily prognosticated by them ) than from the inforcing of subscription of the covenant , which in our knowledge was never required of any of the prelates , although they bee grosslie guiltie of the breach of the covenant , which they did sweare , and subscribe before . . your helpe , by your prayers , and other meanes , for extinguishing of the present combustion , wee still desire , but withall intreat , that you would both ioyn with the rest of the kirks of the kingdome , in publick humiliation and fasting , which the lord himselfe doeth proclaime , and call for at this time ; so should your prayers bee the more effectuall , and also yee bee good instruments , according to your power , with your owne people , and the countrey about , to joyne in the covenant , so should yee find the worke of pacification the more easie . . the reasons which wee touched in our answere , for proving , that ye might , without iust offence to anye , joyne with us in subscribing , are not yet answered for , first , a sound interpretation of the covenant , although proceeding from a private person , and altogether voyde of externall authoritie , can not make a substantiall difference : and if the interpretation bee unsound , although it were confirmed with authoritie , it maketh not a substantiall co-incidence . . why is it denyed , that the former covenant containeth mutuall defence , since all are obliedged thereby to defend religion , according to their vocation and power , and the king's person and authoritie , which can not possiblie bee done without mutuall defence : and since that clause of the covenant , is so expo●…ded , and applyed upon grounds of perpetuall reason , in the generall band drawne up , and printed by authoritie , anno . . yee must either prove this covenant to bee sub stantially different from the former , which is impossible , or ye must acknowledge this to have the same authority with the former , since wee are reallie obliedged in the former covenant , and virtuallie the same warrant of king , counsell , and assembly , remaineth , and was never yet discharged : by vertue whereof the covenant might have beene renewed yearely by all the subjects of the kingdome , no lesse than it hath beene subscribed yearely by such as passe degries in colledges , and such as were suspect of papistrie from time to time . . what was done by his majesties commissionar , was not done in a corner , that it needeth to bee pryed into , or doubted of , and what was allowed by his grace , who had so great power from his majestie , to declare his majesties will , and to receive declarations from his subjects , and who was in every point so zealous , and tender of his majesties service and honour : who are yee , that it should be disallowed by you ? ye will have the kingdome guiltie of combination against authoritie , and will not have the king to bee satisfied . when they have declared themselves to the contrarie , & their declaration is accepted by his majesties commissionar . this manner of dealing , is more sutable to papists , and such in●…ndiaries , than for you , who desire to prove good patriots , in using all means of pacification . . we are sorrie that ye shuld be the first , who have accounted our covenant to bee a confedearcie , against the trueth , since some of your selves , and all everie where haue beene constrained ; to acknowledge , that they ayme at the same end with us , to maintaine the trueth . and for that which displeaseth you in our way , that wee deale after such a manner with people , to come in , wee answere , that wee have seene in this land , the day of the lords power , wherein his people have most willingly offered themselves in multitudes , lyke the dew of the morning : that others of no small note , have offered their subscriptions , and have beene refused , till time should trye , that they joyne in sinceritie , from love to the cause , and not from the feare of men : and that no threatnings have beene used , except of the deserved judgment of god ; nor force , except the force of reason , from the high respects which wee owe to religion , to our king , to our native countrie , to our selves , and to the posteritie : which hath beene to some a greater constraint , than any externall violence ; and we wish , may also prevaile with you . to the second ▪ wee perceive , that you passe in silence , that which wee answered concerning the preventing of trouble , which by all appearance had beene too sensible to many before this time , if the conventions censured by you , had not beene kept ; we desire that yee would heere declare your selves , whether yee would have rather received the service booke booke of canons , and other trash of that kynd , tending to the subversion of religion , and to the prejudice of the liberties of the kingdom●… , than to have conveened in a peaceable manner , to present supplications to his majestie , for averting of so great evilis . neither doe yee speake a word of the saying of k. iames , which ought to bee regarded ; both for the witnesse sake , who is of so great authoritie , and for the testimony which containeth so great reason . for , shall not the whole bodie of a kingdom stirre pro aris & 〈◊〉 or shall our religion be ruined , & our light bee put out , and all men hold their peace ? we told you also , that the first part of the act of parliament , , is relative to another act in queene maries time , which specifieth , what sort of leagues and bands are forbiddin , and setteth us free from the breach of the act ; but yee have answered nothing to this , and still dispute from the act of parliament , rather than from othergrounds , better beseeming your 〈◊〉 and ours ; and in this will so precilelit adhere to the letter of the law , that you will have no meetings , withhout the kings consent , even in case of the preservation of religion , of his majesties authoritie , and of the liberties of the kingdome , which wee are sure must bee contrarie to the reason and life of the law , since the safetie of the people is , the soveraigne law. although it bee true also that for our covenant , we have the consent of authoritie pressing upon all the subjects in the generall band , and confession of faith , formerly subscribed for maintenance of the religion , their subscription and oath as a note of their soundnesse in religion , and of their loyaltie and fidelitie to the king , and his crown , wherin iuris-consults , more skilled in this kynd , than we need to be , have given their responses , & verdicts , in favour of us , and our cause . . the poynt touching authoritie , is so full of thornes and rockes , useth to bee so vehemently urged , to pro cure envye agaynst the gospell of christ , and can so hardly bee disputed and discussed except in a large treatise , to the satisfaction of king's and kingdomes ; and all having interest , that for the present wee onelie wish you to heare the testimonies of two great divines , the one is whitaker , in his answere to master reynolds preface , pag. . stirres and tumults for matters of religion , reynold rehearseth , that have beene in germanie , france , bohemia , as though it were sufficient for their condemnation , that they once resisted , and did not by and by admitt what-so-ever violence was offered either to god's trueth , or to them-selves , contrarie to promise , to oath , to publick edicts , to law , whereby they were warranted to doe as they did : more of this matter , will i not answere , beeing of another nature , and cleared long since from the cryme of rebellion , not only by just just defence of their doing : but also by the pro clamations and edicts of princes themselves . the other is bilson , in his booke of christian subjection , in defence of the protestants in other countreyes , against the objection of the iesuit , pag. , affirming , that subjects maye defend their antient and christian liberties , covenanted and agreed upon by those princes to whom they first submitted themselves , and were ever since confirmed and allowed by the kings that have succeeded , they may require their owne right , save their own lyves , beseech , that they bee not used as slaves , but lyke subjects ; lyke men , not lyke beasts ; that they maye bee convented by lawes , before iudges , not murdered in corners , by inquisitors . this is also the judgment of rivetus , in his commentarie , psal. which beeing looked upon by you , will furnish a full answere to what yee have cited at length from his iesuita vapulans . for betwixt iesuiticall treasonabe & pernitious doctrine , and practises agaynst princes , and magistrates , refuted by him , and the loyall and sound doctrine of protestants : your selves knowe the difference and opposition , lyke as it is cleare as the sunne , by that short confession , by the application there-of , to the tymes in this present confession , by our publicke protestation , and by the declaration exhibited to his majesties commissioner , that wee meane not onely mutuall concurrence , and assistance in the cause of religion , but also to the uttermost of our power , to defend the king's majestie , his person and authoritie . wee would bee glad , that yee and others were witnesses to our private prayers , nd the most secret of our thoughts . and affections concerning our loyaltie to our dread soveraigne : so should yee either cease to write in this against us , or bee forced to write against your own consciences . , when wee justifie our conventions and covenants , from their purposed ends , we meane not only the last and most remote ends : but the nearest and immediate , and if nothing in these can merite just censure , the conventions and covenants no more in that which yee call the object , nor in their ends , can bee culpable : what aspersions have beene put upon our reformation , and reformers , by the malice of our adversaries , can not bee unknowne to you . but wee wish , that your ingynes and pennes maye bee better imployed , than to joyne with them in so badde a cause , which we expect also from your prudence , considering the people and place where yee live . to the third . y●…e doe well and wisely , that you search not curiouslie into the myndes of princes , and reasons of state : but whether all his majesties subjects bee satisfied with the last proclamation , needeth no deepe search . for although possibly some had beene more pleased with a proclamation , commanding the service booke , such especiallie , who either will see no errours in it , or have publicklie prosessed , that they have beene groaning for it , yet the protestation of the supplicants against it , as it giveth most humble and heartie thankes to his gratious majestie , for what is granted : so it restifieth upon undenyable evidences , that the proclamation is not a satisfaction of our just desi●…es : for , first , the proclamation supposeth the service booke to bee no innovation of religion . . that it is not contrare to pro testant-religion . . that the proclamation giveth not or●…r for discharging all the acts made in favours of the service booke , especially that of the of februarie , which giveth unto it so great approbation , as serving for maintaining the true religion , and to beate out all superstition , and no wayes to bee contrarie to the lawes of this kingdome , but to bee compyled , and approved for the universall use and edification of all his majesties subjects . . it is so farre from disallowing the sayde booke , that it putteth us in feare , that it shall bee prest in a faire and legall way , and therefore , notwithstanding the proclamation , the necessitie of covenanting , which containeth nothing contrarie to the acts of parliament , nor to the duetie of good subjects , but is the largest testimonie of our fidelitie to god , and loyaltie to our king , ( whatsoever it maye seemeto you to import ) doeth yet continue , that his majestie maye bee pleased , to grant the full satisfaction of our reasonable petitions , and that our religion , and liberties , may bee preserved for afterwards . who-so-ever professe themselves to be perfectly satisfied with the proclamation , doe proclame in the eares of all the kingdome , that they are better pleased with the service book and ( anons , than with the religion , as it hath beene prosessed in this land since the reformation . to the fourth . vvee were assured that your demand proceeded from a mistaking , & therefore , according to our knowledge , did ingenuously , for your satisfaction , expound unto you the mind of the subscribers , but find now , that we have laboured in vain at your hands , from which we have receiued this reply : unto which , concerning the first . missinterpretation , wee answere : . that altho we do neither use threatnings , nor obtrude our interpretation , upon you , as bearing any obligatorie power , yet pardon us , that wee match you not , and put you not in the ballance with the greatest part of the kingdome both ministers , and others , in whose name we recōmended this interpretation unto you , by all faire meanes , and force of reason : and in so doing , wee are so farre from the breach of our solemne uow , and promise , that wee esteeme this to bee no small proofe of that godlynesse and righteousnesse , wherein wee are bound by our covenant , to walke . . the authoritative judgment of our reformers and predecessors , is evidenced not onlie by the confession of fayth , ratified in parliament , but also by the bookes of discipline , acts of generall assembllies , and their owne writs ; wherein if yee will , ye may find warant for this interpretation : and in respect whereof , it is publick , ratione medij , besides these midses of scripture of antiquitie , and of the consent of the reformed kirks , which are named for midses by you . concerning the missconstruction , it is no marvell that prejudices , and pre-conceived opinions , poss●…ssing the mynd , make men to fall upon interpretations of their own ; but in the south parts of the kingdome , where many learned and judicious men , both pastors . & professors were assembled at the first subscribing thereof , wee remember of none that did fall into that misstake . and the two sorts of novations , such as are alreadie introduced , and such as are supplicated against , are so punctually distinguished , that there is no place left to ambiguitie : but o●… the contrarie , the novations which wee promise to forbeare for a time onlie , can not bee supposed in the following words , to bee abjured , for ever , as popish novations . . vpon a new examination of the words , yee perceive , that the articles of pearth , and episcopacie , are condemned as erronious corruptions , because we promise , to labour , to recover the former puritie & libertie of the gospel , unto which our answere is , that it appeareth , that you will have all the covenanters against their intention , and whether they will or not , to disallow , and condemne the articles of pearth , and episcopall governament , lest they bee tryed in a generall assembly but it is knowne to manie hundreths , that the words were purposely conceived , for satisfaction of such as were of your judgement , that we might all joyne in one heart , a●…d couenant for establishi●…g religion , and opposing errours . and for your argume●…t , whether the articles of perth and episcopacie , bee against the puritie and liberty of the gospell or not , which is not determined by these words of the covenant . but it cannot be denyed , first , that if in a free assembly , they bee found to bee ●…gainst the puritie and libertie of the gospell , ●…hey ought to bee abolished : in the meane time , it beeing left free , by the words of the covenant to all , who will , to stand to the defence of their lawfulnesse . secondly , how can it be denyed , that manie corruptions , contrarie to the puritie and libertie of the gospell , were they never so innocent in themselves , have accompanyed these novations , such as the superstitious observing of dayes , ●…eriation and cessation from worke , on those dayes , feasting guysing . &c. manie grosse abuses have entred in the sacrament , upon kneeling before the elements , and upon the lawlesse usurpation of prelates : in respect whereof , even they who allow pearth articles , and episcopacie , may sweare to recover the puritie of the gospell . and thirdly , who can bee so great a stranger at home , as to denye , that manie corruptions of poperie and arminianisme , have entred in the kirke , and have beene vented , and defended , in schools , and pulpits : by reason whereof wee are bound , everie one of us , according to the measure of our light , to labour for recovery of our former puritie ? and therfore , if you had cast your eyes upon the condition of this 〈◊〉 kirk , as yee have pryed narrowlie , into the expressions of the covenant , yee might have spared both your owne labour and ours , and not laboured to skarre both your selves and others , with this shadow . in your argument , ad hominem , you should have considered , that whatsoever bee our judgment , as wee are particular persons , yet , at this time wee were to bee taken , as commissionars , from the whole companio of subscribers , who , about this point , are of different judgments , and if some of your owne judgment , had either come alone in our place , or had beene joyned in commission with us , we had anticipate your objection : and this yee have beene forced to see : and so yourselves , in propnunding your objection ; have answered , your owne syllogisme , in making us to say , that yee may sweare and subscribe , seeing ye thinke not these thinges to bee abjured in that oath made ann●… ●… neyther was it for you , to inquire in our private opini●… , nor necessarie for us , to make it knowne , but to have conceived of our mindes , according to our commission , and the will of those that sent us . your arguments neede to bee no impediments unto your swearing of the covenant . for upon your grounds , you would not have sworne the short confession , any time by past : yea . yee can not sweare the confession of anie kirke : nay , not the articles of the cr●…d , because of the diverse interpretations of the article of christs descen●… into hell ; or swearing them in scotland and england , yee behoved to sweare them in diverse senses . there be some words of the lord's prayer as , give us this day our daylie bread : and of the x commands as the wordes of the command , which are diversly understood ; must christians , therefore , forbeare to joyne in saying the prayer , or swearing obedience to the commandements ? neither for this doe wee admit anie ambiguitie , or aequivocation : the wordes certainly have but one true sense and signification . , but diverse persons conceave and understand them , according to the different measures of their light . since then your disputation , is builded upon such a s●…pposition , it must eyther fall to the ground , or hardlie can any confession of fayth , or religious covenant be sworne . offend not therefore if wee in modesty present unto you , a dis●… of your owne dressing : we meane , the like argument , adhominem . the rites and ceremonies which are not abjured in the negative conf●…ssion , are not abjured in this late covenant . but the rites and ceremonies , which were concluded in perth assembly , are not abjured as you say , in the negative confession made , ●… . therefore , they are not abjured in this late covenant , as yee thinke . the first proposition is evident , because in the late covenant we are bound no farther , concerning the negative confeffion , but to keep it inviolable : and therefore , what rites are not abjured there , are not abjured here ? the second proposition cannot be denyed by you ; for these twenty years by gone yee have thought your selves free of perj●…rie , notwithstanding of the oath in . & of your conforming your selves to the ordinances of perth . and whereas ye alledge , afterwârd , as before , that our supplications are satisfied , the contrary is known , by our publick protestution , & by our last supplication & complaint presented to his majesties còmissioner . and the urging of the service book was a sufficient reason , for for be arance of perth articles , till an assembly ; at which time it may bee determined , whether it bee expedient , that this kirk bee any more troubled with them . neither needeth your conscience to subscribe the forbearance of these novations , as if swearing of forbearance , were a swearing of disobedience to authoritie : first , because the swearing of forboarance of a thing in your opinion , indifferent , in the case of soandall , and of sensible feare in others , of superstition , is the swearing of obedience to the commandement of god. which sorbiddeth us , to destroy him , for whom christ dyed , altho man should command the contrarie . . because the articles of perth were concluded , for satisfying , & not to presse any man with the practise of them , as was openly professed unto the opponents . before the face of the whole assembly , and because the act it self giveth warrant , to forbeare the practise at this time , when the memorie of superstition is revived , which maketh us to thinke , that they who have for borne the practise of these articles , since the superstitious service booke was complaned upon , make most truely conscience of obedience of the act of perth , & parliament , ratilying the same , and are most conforme to the confession of saith , ratifyed in patliament , declaring that ceremonies ought to bee changed ; when they rather soster superstition , than edifie the kirke , using the same . last of all , you saye , yee can not sweare forbearance , because yee can not abstaine from private baptisme , and priva●…e communion : where we perceave , that , in your judgment , private baptisme & communion , are not any more things indifferent but necessarie , necessitate praecepti , in so farre , that the not using them , is a contempt of the meanes , and a tempting of god. by this your doctrine , first , the state of the question anent perth artieles , is quite altered : for yee , and your associats , did ever to this time , alledge the question , to bee of thinges indifferent : but now yee finde some of them so necessarie , that although the generall assembly of the kirke , should discharge them : yet yee behoved still , for conseience of the commandement of god to practise them . if yee have the same judgement of kneeling before the elements , and of festivall dayes , it commeth to passe amongst us , which hath beene incident to the kirke in former ages that thinges have beene first brought in , as indifferent , their urged as necessarie . if confirmation also in your judgement , bee not indifferent , but necessarie , we desire to understand , with what conscience it hath beene slighted , and utterly neglected by the prelates these yeeres past ? and how it is , that yee have carried so small regard to the canon of the kirke , and act of parliament , and to the benefite of young children , as not to require , urge , and presse the practise thereof , both in your owne charge & throughout the whole kirke ? this would seeme to bee partiall dealing , to presse some ceremonies , and neglect other some ; while both by the same canon of the kirk & act of parliament are appointed . . ye doe hereby coudemne the practise of the kirke of scotland ; from the time of reformation ; till perths assembly ; and put no small guiltinesse upon other reformed kirks , who use not that at all , but rather abstaine from it ; as dangerous , which yee now doe prof●…sse , to be so necessarie , . we wish you wisely to consider , whence 〈◊〉 is , and what can bee the true cause , that yee living in that part of the kingdome , should bee more pressed by the people , with the practise of privat baptisme , and communion , than all the kirks in the kingdome beside , where these yeares past , rarely any such motion hath beene made : it is not because that popery prevaileth there , and the people have a superstitious conceate of baptisme & communion , as absolutly necessarie to salvation ; as it god had tyed his grace to the sacraments ; and children dying without baptisme , and others without their last vi●…ticum did perish ? thus ye minister the sacraments in private , as necessarie necessitate praecepti ; and the people seeme to desire , and receive them , as necessarie , necessitate medij ; an evill very curable , in that citie where the assemblyes of the people , for publick worship are frequent , wherein the sacraments might bee ministred frequently enough , with great solemnitie and edification . . and though wee doe not denye , but baptisme privately ministred , by the minister of christ , according to the institution , be true baptisme , and , that a childe thus privately baptized , bee not to bee baptized againe , ( altho it be true also , that private baptisme maketh way to the errour of re-baptizing , ) yet wee hold that the necessitie of the commandement , stands only for baptisme in publicke , since no precept requireth baptisme , but when the ministration thereof can bee had orderly , with all the circumstances requisite ; whereof this is one , that it bee ministred in the presence of that visible kirke , whereof the children are to bee members : for not onely the minister of baptisme , and the parents of the children , but the congregation also hath interest in the baptisme of everie member that entereth in their communion ; which therefore , ought to bee a publick actio●… , no lesse than the cutting off of a rotten member , by excommunication , ought to bee done publickly . . it is knowne that ptivat baptisme hath bred , and fostered the opinion of absolute necessitie of baptisme , of baptisme of women , and private persons , of baptisme by supposition , &c. and , that the ministration of the sacraments in private places , hath beene , and is , the ready waye to bring people to the contempt , and neglect of the sacramentes in publicke , and to the prophanation thereof in private . . when all the formes of ministration of baptisme ; shall bee compared , both that of the ancient kirke , keeping easter and pent●…st , for the solemne times of baptisme , and the other of the popish kirke , and other kirks , not well purged of the dregs of poperie ; ministring baptisme and communion at all times , in privat places , & before few persons ; it shall be found , that no better course could bee taken , than that which hath beene wyselie appointed and observed , in the kirk of scotland , since the reformation , that the sacraments be ministred in the ordinarie meetings of god's people ; unto which they had regard , and not unto the places of materiall kirkes : which wee adde , lest any should thinke , that wee entertaine any superstitious conceat of places . to the fifth . to the first exception , wee have even now answered , and need to adde no farther , concerning private baptisme and communion . . wee looked that your argument , ad hominem , had beene closed in the fourth reply & wish , what yee had to say against the dispute of popish english ceremonies , or any other treàtise : of that kynd , or any of us in particular , had beene kept to another time : for , wold any of us , refuse to sweare the short confession , because yee ●…ave expounded some articles thereof , contrarie to our mynd ? our desire is , that ye keepe your owne meaning of the negative confession , and we keepe ours , according to our diverse measures of light : and , that both sides promise forbearance , as is required in the covenant , which may verie well stand both with your meaning , and ours : of ours , there is no question : and of yours , there needeth none to bee moved by you , since ye thinke them indifferent and therefore , in such a case , may promise , to forbeare them . from this ground , and from the different use of the word discipline , and policie , it is easie to answere , both your sorites and dilemma : for the late covenant , bindeth you to keepe the forme●… , according to the common meaning of the subscribers , and not according to your interpretation or ours , in particulare : and the horues of your dilemma , maye be turned against your selves : for wee aske of you , vnto which of the members of the distinction doe you referre episcopacie , and the articles of perth ? if they were abjured for ever , before perths assembly , how is it that yee have admitted and practised them , since that tyme ; for this was perjurie ? and if they were not abjured , but by the short confession were left indifferent , why may yee not , for any impediment yee have from that confession , forbeare now the practise of them ? wee looked not for velitations of this sort , which the change of commissioners sent unto you mighthave prevented , but for some solide and grave reasons , why yee could notsubscribe the covenant , whether presented from our hands , or the handes of others , our learned and reverend brethren , of your practise and judgment , who might have beene sent unto you in our place . in the meane time , because manie are intangled with the word of discipline , and policie , we desire the reader to remember , that sometime the word is taken for the rule of givernement of the kirke , and censure of manners , by office-bearers appointed by christ ; and thus it was unchangeable : sometimes for the constitution of councells and acts of parliament , about matters of religion , and thus it is alterable or constant according to the nature of particular objects : and thirdly , it is taken for the ordering of the circumstances , to bee observed in all actions divine , and humane : and thus it is variable . wee appeale with you , to the indifferent reader , who is judicious , whether it bee necessarie for your subscription , to knowe our opinion of such rites & ceremonies , as are not of divine institution . wee have reason , ( for any thing that , ever wee heard to the contrarie , these yeers past ) to eleave unto the wordes of the covenant , concerning such rites as are broght into the kirke , without or against the word of god. the blessing of marriage ( now the second time instanced ) wee conceive neither to bee circumstance , it beeing neither time , place , order of doing , nor anye such thing , nor a ceremonie properly so called , more than the blessing of the people , commanded in the law , & practised before the law , or praying for a blessing upon the ordinance of god that it may bee sanctified unto his people : wee neither exalt marriage so high , as with the papists to thinke it a sacrament ; nor doe wee abase it so lowe , as to think it a paction or contract , meerly civill , it beeing the couenant of god , which cannot be dissolved by consent of the parties , as other civill contracts maye bee : and therefore , as wee will not use it superstitiously , according to the praescript of the service booke , so will wee not for the abuse of poperie , although it were a paction meerly civill , it beeing so important , with-hold ecclesiastick benediction from it . to the sixth . silence carrieth sometimes the appearance of consent , sometime it is from weaknesse ; and sinee you knowe also , that it maye at sometimes come from wisedome , and moderation ; why doe yee not rather keepe silence your selves , than make such an interpretation of ours ? we denye not , but diuines both ancient , and moderne , are against us , concerning the lawfulnesse of the thinges contraverted : but wee withall affirme , first , that divines both ancient and moderne , are against you also , and both may bee true , for both are propositions indefinite , in a matter contingent . . that almost all divines universally are for us , and for the forbearance of things indifferent , in such a case , which is the point urged by us , and cleared before . secondly , wee deny not , but the oath containeth manie other articles : but concerning that of the novations alreadie introduced , if you could have believed us , & so many thousands as have subscribed , it containeth no more , but the forbearance of them , for a time , neither can any farther bee extorted from the tenor of the covenant it self , according to your grounds . if you will interprete it according to the meaning which yee thought it hadde the last yeare , and which we urge you not to change : & to promise forbearance , can neither bee contrarie to that duetie which yeow to your flock , nor be disobedience to authority , but a means to edifie god's people , and obedience to god. to the seaventh . first , the reason propounded in the . demand , for refusing your subscription , because yee supposed perth articles to have beene abjured , as popish , is answered to the full , and the impediment put out of your way . this other that ye propound concerning our conception and meaning of the short confession , may bee as easilie removed , if yee will once believe ; that wee urge not upon you our meaning , but leave you to your owne , till the matter be examined in an assembly . . ye call some of those novations , necessarie : but without warrant of that assembly , which concluded them , as indifferent , & all the rest ye will have to bee laudable : thus by progresse of time , things formerly indifferent , become necessarie : and what was but lawfull before , and had much adoe to gaine that reputation , is now become laudable : where yee plainely discover the cause of your unwillingnesse to subscribe , not so much to bee the commandement of authoritie , as the necessitie and excellencie of the things commanded . till yee , therfore , change this opinion , ye cannot promise forbearance neither upon our dealing , nor at the commandement of authoritie , altho forbearance should serve for the peace of the kirk , & kingdome . to the eight . first , wee remit the reader to our answere , and your reply , which , we hope , shall be fouud no confutation . . we observe . that ye have not answered our argument , for our swearing the defence of the king and his authoritie , with a specification , which yee call a limitation , wherin we have followed the confession of faith , ratified in parliament , the king's confession , and act of parliament , upon which yeewill not doe well , to fasten so foule imputations , and put so hard constructions , as yee doe upon us , for inserting in our covenant , what they have said before us . if our specification be right , why censure you it ? if it bee wrong , why fasten you not your censures upon the fountaine from which it is derived ? the loyaltie of our intentions to maintaine the kings person , and honour , is fully expressed , that it hath given content to those who are nearest his majestie : and wee should wrong , not onely them , but also the covenant , and the subscribers thereof , if wee should make new declarations to others of greater distance , who wrong both the king , and them-selves , in craving them . . to doe with a doubting conscience , is a grievous sinne but to make and multiplie doubtes , for hindering a good worke , and to oppose against a shyning light , is no lesse grievous . ye spake before of a limitation , & now ye have added precislie , as if the naming of our duetie , were the excluding of all other dueties . we all by our oath of alleadgeance , by his majesties lawes and by other obligations acknowledge , that wee owe many other dueties to the king , which were verie impertinent to expresse in this covenant . . what kynd of conference yee meane ; whether by word or writ : we know not , but while we were amongst you ; yee know what notice yee were pleased to to take of us , and wee have no delight , to resent it . to the nynth . first , wee are ashamed to draw the rug-saw of contention , to and fro , in a continuall reciprocation , concerning the serbearance of pearth articles and therefore forbearing to doe so any more , wee referre the reader to our former answeres . . we doe not affirme that the only reason , why kn●…eling was appointed , was because all memorie of superstition was past . there be indeed other reasons expressed in the act , but such as the authors therof may bee ashamed of , as both perverting the text. psal. , as making kneeling to bee necessarie , in everie part of god's worship , and as giving matter to many treatise●… , proving kneeling before the elements , to be idolatrie , according to the act , unto which wee now referre you : but this wee say , ( which is manifest by the act it selfe ) that in the case of present superstition , or feare thereof , all other reasons had not beene forcible , to enforce knee●…ing then , nor can have force to continue kneeling now , this feare hath beene great , this yeere by past , throughout the kingdome , by reason of the manie superstitions of the service booke , which it may bee yee no more acknowledge , than yee doe the superstitious disposition of the people , because they are not that which they were at the time of reformation . . wee would heare what malice it self can say against the words of the protestation , that it shall bee lawfull uno us , to defend religion , and the king●… a●…ritie , in defence thereof , and everie one of 〈◊〉 of anot●… , 〈◊〉 that cause of maintaining religion , and the kings forsaid authoritie , and to appoynt and hold meetings to that end : lyke as our proceedings have beene in themselves most necessarie , and orderly meanes , agreeable to the lawes and p●…ise of this kirk and kingdome , to be commended as rea●… dueties of faythfull christians , loyall subjects , and sensible members of the bodie of the kirke and kingdome , and tend to no other ende , but to the preservation of religion , and maintenance of the king's authoritie . to your interrogator ( which yee seeme to propone , rather to be snares to us , than for satisfaction to your selves ) we an swere once for all in generall , that if this were the opportunitie to that disputation , wee shall bee found to deny nothing unto authoritie of that which the worde of god , the law of nature , and nations , the acts of parliament , chiefe royalists , sound divines , and loyall subj●…s give unto kinges and princes , god's vi●… 〈◊〉 earth ; and that not from respect to our selves , ●…t to ●…e ordinance of god , by whom kings reign●… . but seeing so oft , & so instanly , you presse us in this point , yet force vs mutually to propone to you such questi●… , 〈◊〉 it may bee , yee will have no great delight to answere●… we desire to understand of you , whether yee allow , or disallow the service booke , and booke of canons ? if ye disallow them as an innovation of religion , why have ye not either ioyned in supplication with the rest of the kingdome , or made a supplication of your owne , against them , or some other way testified your dislyke ? next ; whether it bee pertinent for men of your place and qualitie , to move questions of state , touching the power of princes , and liberties of subjects ; after his majesties commissioner , & wise states-men have received satisfaction of the subjects , for suppressing such motions as yours ? . whether doe the subscribers more tender , his majesties honour , by supposing his constancie , in profession of religion , and equitable disposition , in ministration of iustice : or yee who suppose hee shall fall upon his religious and loyall subjects , with force of armes , contrarie to both ? . whether the joyning of the whole kingdome , in the subscription of the covenant , or the intertaining division , by your wrytting , preaching , and threatning of your people , otherwise willing to joyne , bee a more readie meane to settle the present co●…tions of the kirke , and kingdome ? . . if the prelates and their followers labouring to introduce popery in the land , make a faction by themselves , or as the guisians in france , did abuse his majesties name , in execution of the bloodie decrees of trent . ( which god forbid ) wee aske , whether in such a case , the lawfull defence of the bodie of the kingdome , against such a faction , bee 〈◊〉 〈◊〉 of the m●…rate , and a taking a●… 〈◊〉 〈◊〉 ●…g ? if ye ●…firme it to be is not this to take p●…t with a ●…tion ; seeking their owne endes , against the common-wealth of ●…he ki●…ke , and kingdome , and honour of the ●…ing ? if yee say 〈◊〉 , why then find you fault with our pr●… 〈◊〉 of defending the religion , liberties , and 〈◊〉 of the kingdome , of the kings authoritie , in defence th●…of , and everie one of us of another , in that cause , as if it were an unlawfull combination against authoritie ? . whether doe yee thinke christian magistrates to bee of so absolute and undoubted power , notwithstanding of the promise , or paction made with the subjects at their co●…ion , or of any law made for the establishing their religion , & liberties , that there is nothing left but ●…ering of martyrd●… , in the c●…se of publick 〈◊〉 , of their religion , and liberties ? if ye thinke , that any defence , is lawfull , why ●…isconstrue yee the subscribers of the covenant ? if not , how can you be free of flatterie , and of stirring up princes against their loyall subjects , for such ends as yourselves know be●… ? we ●…lie believe , that yee 〈◊〉 〈◊〉 thankes , either of so good & just a king , or of so ●…uetiefull subjects , for entering within these lists . it is enough , that such questions bee agit●…ed in the schooles , and that with as great prudencie , & ●…s circumspectly as may bee . to the tenth . first , yee take us in our rep●… to bee the penners of the covenant , and yet will rather wrest the wordes of it , to your owne meaning , than receive the interpretation thereof from us : for wee prejudge not your libertie of conception of that short confession ; but permit it to your selves ; whatsoever may bee the private meaning of some who have subscribed ; yet their is nothing in the late interpretation that condemneth the articles of pearth , and episcopacie , as popish novations . yee may voyce & reason in an assembly as freelie concerning them ; and give your judgement of them , without prejudice , notwithstanding of your oath , according to your owne grounds , as you would have done at the assembly of perth . . we hope yee bee not so ignorant of the estate of the kirke , neither will wee judge so uncharitablie ; as to think you so corrupt , that in your opinion there is no thing hath entred in the kirke , since that time designed by you , beside episcopacie , and articles of pearth , which can bee thought prejudiciall to the libertie , and puritie of the gospell . to the eleaventh . first , yee finde fault with us , that wee have not upon this occasion , given you that testimonie which wee owe to you , of your sinceritie ; and professing the trueth , & therefore , to supplie our defects , have taken an ample testimonie to your selves , of paines in disputing , in wryting , and preaching against poperie , in processing of papists , and in doing all things which can bee expected from the 〈◊〉 〈◊〉 of frequent prayer to god , of humbling your selves before him , of your holinesse of lyfe , and conversation , &c. which have made us who were desirous to heare that testimonie , rather at the mouthes of others , that wee might bee no more challenged as deficient in that kynde , but give unto you your deserved praise , to inquyre in matters ; where upon , if wee would believe the report of others , wee heare , that for all your paynes , papists , and persons popishly affected , are multiplyed , and papistrie increased in your towne , more than , in any other towne of the kingdome , and no lesse under your ministrie , than any time before , since the reformation ; that there be in private houses mosses , crucifixes , and other monuments of idolatrie ; that yee had not manie convers from poperie , that iesuites , and priests ; are countenanced there , that your people at home , and your magistrates abroad , complayne ; that yee are but too sparing of your paines in preaching , and often fill your places with novices : but this wee are sparing to believe , and wish , that the not imploying of your tongues and pennes , in defence of the service booke , and canons , which are so pestred with poperie , ( if the seedes of romish heresie superstition , ido latrie , and papall tyrannie come under that censure ) and your willingnesse to joyne with the kirk and kingdome , in fasting an humiliation , had beene also testimonies of your sinceritie against poperie . . the laudable meanes of preaching , praying , &c. which wee wish may be still in all faythfulnesse used by you , maye verie well agree with the renewing of our covenant with god , aod both beeiug joyned , have , in a short time past , produced more powerfull effects , to the comfort of manie thousandss , than all our prayers and preaching have done for a long tyme before : which testifie , that as it is warranted by the word of god ; so the motion hath proceeded from god. all the arguments and subtilities that can be devised , will never make a people , ( who at this time have found god dwelling , and working in their hearts ) to think the contrarie . . the naturall inclination of people to poperie , and the perswasion of others of their disposition , maye make the people to conceive other wayes of the service booke , and canons , that ere it be long , they may bee brought in , in a fair and legall way : and therefore , it is necessarie , for preventing of those , and other evills of that kynde , that the subjects joyne in a covenant , both for themselves , and their posteritie . to the twelfth . first , wee have ever preached according to our measure , and have given example of reverence to authoritie , and the lords service ; but wee neither acknowledge the usurped authoritie of prelates , for lawfull authoritie , nor the service booke , for the lords service . and therefore , it was so much the more intolerable for the prelates , without authoritie from the kirke , or parliament , to bring in the service booke into god's owne house , upon the lord' 's owne day . which maketh it nothing strange , that people zealous of the trueth , and of the service of god , were stirred up to oppose : and wee are verie confident that those that have opposed , doe beare as loyall respect to the kings majestie , and will bee as loath to provoke him to just wrath , as their opposites are . in the meane tyme , why doe yee not acknowledge , that the children were higher provoked to wrath , by the prelates , whom yee account reverend and holie fathers ? . as the preservation of our owne private possession , from invasion of others , belongeth to our selves , under the kings protection ; so the keeping of gods house , from pollution and superstition , belongeth to authoritie , to the communitie of the faithfull , and to everie one in his owne place and order . . we told you before , that wee did no more allow violence of that kind , nor wee did allow the foule aspersions of rebellion , ●…eresie , schisme & perjurie , put upon the noble-men , and remnant covenanters . and where yee aske of us , why these tumults are not publickly by us condemned , and rebuked ? wee aske againe of you , why yee did not condemne and rebuke such dealing , since that it is no lesse transgression , both against the sixth , and nynt command , than the other is against the sixt ? and whereas yee are now so peremptorie , in drawing a declaration from us , answerable to that which yee have given concerning the foresayd aspersions and calumnies , wee having no commission , to declare the mindes of others in this point , or to give documents , for our own private judgement , doe heartilie disallow everie wrong of that kynd . as for the apologie of doctour iohn forbes of corse , seeing the wrong hath beene done not unto some few particulare persons , such as ye say have been wronged by some of the people ; but unto the bodie of the kingdome , consisting of noble-men , barons , &c. who are highlie offended thereby , it were in us presumption , and without the bounds of our calling , to take upon us , to receive any declaration of that kynd , especiallie wherein so manie things are reprooveable ; as first , that his bitter speaches were occasioned by some printed bookes , affirming , that episcopacie and perth articles , were antichristian and abominable . supposing it were true , did he think the noble-men and whole covenanters , to be the authors of those bookes ? and was this dealing agreeable to that christian meeknesse so much requyred of us before ? the wryters of those printed bookes , are not the first who have spoken so . for master knox spared not , ( in a letter of his ) to call this kneeling , a diabolicall invention . secoudly ; the swearing of forbearance of the practise of perth articles & the cōfirmation of the said doctrine which wee neither deny , nor affirme , to bee imported in the olde covenant , but onelie in the interpretation thereof , wee de clare . that promise is onely made , to forbeare for a tyms doth not deserve so bitter a censure , as this apologie beareth upon us . . if the king's majestie , councell , or the subjects of scotland , had asked his opinion and advice , hee he might have used the greater libertie . . it is ill apologized , to call it an holy indignation ; & worse defended ; since it is such a wrath as worketh not the righteousnesse of god. . whereas hee desireth to be accounted in the number of these , qui proficiendo scribunt & scribendo proficium , wee could wish that hee had profited better by writing , than hee hath done by wryting his irenicum first , & now this his warning , after his irenicum ; for which if hee make no better apologie , than confessing asperitis of wordes , proceeding from an holy indignation , it will come to passe of his apologie , as it fared with his irenicum , unto which was applyed fitly , what was spoken in the lyke case , aut fabrum forceps , aut ars ignara fefellit . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 voluit cudere cudit 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . . whereas yee desire us , to doe the lyke , if yee meane of us personallie , wee have declared our judgement , and shall bee carefull to approve our selves to god , and the consciences of all men , in everie such duetie : and if yee meane us , and those that sent us , wee shall not faile to to report unto them , what yee desire , altho our commission from you had beene more acceptable , if yee had spoken more reverently of our confession and covenant , than yee have beene pleased to doe , in the wordes of your desire , and had put your hand unto the covenant ; which would presently have joyned us in a greater affection , and made way for union in judgement , and perfect peace , which is the desire of our soules . to the thirteenth . yee pretended a threefolde scandall , which should follow upon your subscription . . the scandall of dissenting from other reformed kirkes , and famous divines . . the scandall of dissenting from anthoritie . . the scandall of perjurie , . wee answered , that the controverted words of the covenant being rightly conceived , & interpreted according to their true meaning , & not after the glosse which yee have put upon them , doe put you out of danger of all the three scandalls , which yee seeme to acknowledge of the first two , and maye by the lyke reason acknowledge of the third , of perjurie . we dispute not of the lawfulnesse of the oath given at your admission , by what authoritie it was exacted , with what conscience it was given , nor how yee can answere for the scandall risen thereupon : but conceaving it according to your owne grounds , none of you will saye , that yee have sworne the perpetuall approbation and practise of those things which yee esteeme to bee indifferent , what-soever bad consequent of poperie , idolatrie , superstition , or scandall should follow thereupon : wee speake heere onely of thinges indifferent , in your owne judgement ; for yee have declared before . that yee thinke the ministration of the sacraments in piivate places , no more indifferent : and therefore , cannot forbeare the practise of these , altho your ordinarie , and other lawfull superiours , should will you to doe soe ; wherein pearths assembly for which you stand , is wronged by you two wayes : . that yee differ in judgement from them , about the indifferenc●…e of the five articles ; and next , that at the will of your ordinarie , and wee knowe not what other lawfull superiours , yee are readie to forbeare the practise of these thinges which the assembly hath appointed to bee observed . what oathes you have given at your admission , wee know not , because their is no ordinance made , civil or ecclesiasticke , appointing any such oath , and because the prelates , who arrogated that power , presented to the intrants diverse models of articles , to bee subscribed , dealing with some more hardlie , and with others more favourably , according to their owne diverse motives , and considerations . for some immediately after p●…rth assembly , without anye warrant from the kirke or parliament , were made to sweare at their admission , that they should both in private and publicke maintaine episcopall iurisdiction , and in their private and publicke prayers , commend the prelats to gods mercifull protection ; that they should subject themselves to the orders that presently were in the kirk , or by the consent of the said kirke , should bee lawfullie established , the word lawfullie ; was not in the principal first subscribed , ( as wee have learned ) and if it had beene exprest , it is all one , for the superiors were iudges to this lawfulnesse and vnlawfulnesse . wee will not labour to reconcile everie oath given by ministers , at their entry with the present covenant ; but wish , and exhort rather , that they may bee recalled , and repented of , as thinges for which they cannot answere before a generall assembly , to the fourteenth . if the words of the covenant bee plaine , concerning the meere forbearance , & speake nothing of the vnlawfulnes , no man's thoughts can make a change . . by this reply ye wrong your selves , in forging from the words of the covenant , impediments , and drawing stumbling blocks in your own way to hinder your subscription ; yee wrong the subscribers , in changing the state of the question , & in making a divorce betwixt religion and the kings authority , which the covenant joyneth together . hand in hand : and , most of all , ye wrong the kings majestie , in bringing him upō the stage , before his subjects , in whose minds ye wold beget , & breed susspitions , of opposing the trueth , of making innovation of religion , & of dealing with his subjects contrary to his laws & proclamations & cotrary to the oath at his coronation . we are not here seeking inscitiae 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or a starting hole of ignorance , or the smalllest disloyalty of affection ; but would willingly decline that for the present , which neither his majesties wisdome , nor the prudence of statesmen : nor the modestie of good subjects , will allow you or us to dispute . the crowns and scepters of kings would be more tenderlie tonched , than the ordinarie subjects of schoole disputes . the naked naming , & bare rpoposall of certaine suppositions , such ( as some are made by you ) cannot but reflex upon authoritie , & sound harsh in the eares of all his majesties good subjects who wish , he may long and prosperously reigne over us . . his majesties most honourable privie counsell , hath proven more fauourable to this cause , of maintaining the reformed religion , than many pastors , whom by reason of their place & calling , it beeseemed to goe before others ; & altho according to their wonted custome , they gave warrant , to make his majesties proclamation , yet on good grounds remonstrated unto them by the supplicants , they willinglie refused their approbation , therof ; hoping that his majestie should be moved to give greater satisfaction thereafter : and this is not our saying , but a publicke doing , before many honourable witnesses ; of which number , some were directed unto you , whose report yee have no reason to call in question . , it becommeth us , to judge charitably of the intentions of our superiors ; but most of all , of the intentions of our dread soveraigne . yet if that hold good which the supplicants have offred to prove , that the service booke , & canons , containe a reall innovation of religion wee must judge otherwise , de conditione operis , of the matters contained in the book than de intentione operant is , of his majesties intention ; altho the inten tion of the prelats & their associats , the authors and contrivers of the bookes be most justly suspected by us . . it is no delight to us , and can bee but small comfort to you , to mention the wrongs , which by you are done to us all who have joyned in this couenant , & doe adhere to the religion as it was reformed in this land ; in your estimation and wrytings , we are rebellious perjured , hereticks . schismaticks , blind guides , seducers , miserable interpreters , ignorants : shall such men as these bee your reverend brethren ? is this your meeknesse & charitie ? is this the duetie ye expect from us ? but setting these aside , yee have wronged us , in with-holding your hand and helpe from so good a cause , of purging religion , & reforming the kirke from so many grosse abuses , and opposing all those who have modestlie laboured for reformation your speaches in private , in your chambers , beds of sicknes , & in your missives , & in publicke , at tables and in synods , which are come to our knowledge ; wee wish rather should be remembred , & repented of , by your selves , than bee recited by us , who desire not to work you any trouble . . altho there be a perpotuall harmonie betwixt the word and workes of god , sarre contrarie to that which wee find to bee amongst the children of men ; yet often it commeth to passe , that the word and warnings of god , which we heare with our eares , are not believed , till we behold with our eyes , the plaine commentaries thereof , in his works . many proofs and notable documents have beene observed of the finger of god , in the worke in hand , the characters of the gaeat workes of god's , more than ordinarie providence , since the beginning , are legible heere . then did the lord bgin this work , when the adversaries were raised to a great hight , and become intolerably insolent . the beginnings were small , and in the eyes of the world contemptible ; such as use to bee the beginnings not of the works of men , but of the magnificke works of god : the power of god sensible in the hearts of many , & manifested by the joy ; the tearesand cryes of many thousands , at the solemne renewing of this covenant , hath beene a matter of admiration and amazement , never to bee forgotten , to many wise and ancient pastors and professors , who did also finde an unwonted flame , warming their owne breasts ; the plots and workings of the adversary , have wroug●… against their own projects , & have served ●…or our endes , m●…e than all that have beene thought , or done by our selves , that wee may justly say , what they devysed , for evill , the lord hath turned to good : manie thousands conveened , diverse times , in one place , have beene kept in such order & quyetnesse , without the smallest trouble , in such sobernesse & temperance , without excesse or riot , that hardly can history furnish a paralell , & what effectes there bee already throughout the land , of pietie in domestick worship , in observing the exercises of religion . in publick , of sobernesse in dyet and appatrell , & of righteousnesse and concord , wee trust shall be sensible by the blessings of god upon us , and shall be examplarie to the posteritie , these wee present unto you , and unto all , as a commentary , written by the lord' 's owne hand ; wishing againe , that neither yee nor others , bee sound fighting against god , who so is wise , and will observe these things , even they shall understand the loving kindnes of the lord. psal . . lord ; when thy hand is lifted up , they will not see but they shall see , & hee ashamed for their envy at the people . is. . . master alexander henderson , minister at leuchars . master david dickson , minister at irwin . the character of a true subiect, or the loyall fidelity of the thrice honourable lord, the lord marquesse huntley expressed in this his speech in the time of his imprisonment, by the covenanters of scotland, anno . together with the fruitlesse hopes of rebellious insurrections, and warres taken in hand, against god his lawes, and their princes prudent government. huntly, george gordon, marquess of, d. . this text is an enriched version of the tcp digital transcription a of text s in the english short title catalog (stc . ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a stc . estc s this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the character of a true subiect, or the loyall fidelity of the thrice honourable lord, the lord marquesse huntley expressed in this his speech in the time of his imprisonment, by the covenanters of scotland, anno . together with the fruitlesse hopes of rebellious insurrections, and warres taken in hand, against god his lawes, and their princes prudent government. huntly, george gordon, marquess of, d. . sheet ([ ] p.) printed by e. g[riffin]. and are to be sold [by t. lambert] at the horse-shooe in smithfield, london : . printer and publisher's names from stc. steele notation: seeme periurie: may. reproduction of original in the bodleian library, oxford, england. eng huntly, george gordon, -- marquess of, d. -- early works to . covenanters -- scotland -- early works to . scotland -- church history -- th century -- early works to . a s (stc . ). civilwar no the character of a true subiect, or the loyall fidelity of the thrice honourable lord, the lord marquesse huntley, expressed in this his spe huntly, george gordon, marquess of a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion c r honi soit qvi mal y pence flower surmounted by a crown thistle surmounted by a crown fleur-de-lys surmounted by a crown harp surmounted by a crown the character of a true subiect , or the loyall fidelity of the thrice honourable lord , the lord marquesse huntley , expressed in this his speech in the time of his imprisonment , by the covenanters of scotland , anno . together with the fruitlesse hopes of rebellious insurrections , and warres taken in hand , against god his lawes , and their princes prudent government . i stand before you a prisoner , accused of loyalty ; for who can charge me of any other crime ? you seeme to doe me some great favour , when you leave it to my free election , whether i will be so or not : is any so in love with fetters , but that he would change them for freedome , ( were the conditions equall ) ? true it is , liberty is offered : but like merchants you value it at such a rate , that my fidelity , honour , and all that is deare to a noble mind , must be the price to purchase it . if i refuse what you propound , rack , torture , losse of goods , lands , and perhaps life it selfe : ( a hard choyce ) it is in my power to bee a free man : but how ? if i will be a slave , enter into covenant , and take an oath which in it selfe is plaine periurie : as if treason were nothing , unlesse i made it sacramentall . i have already given my faith unto my prince , upon whose head this crowne is by law of nature and nations justly fallen . shall i falsifie that faith , and joyne my wicked hands with yours to put it off againe ? ( heaven forbid ) : what but religion , liberty and glorious shewes are pretended ? dare not all rebels cloake their purposes with such goodly titles ? they are much deceived who thinke that religion , and rebellion can be companions ; or that god will favour their attempts , that strike at himselfe through the princes sides . in that very word king , there is such a deity enclosed , that who wounds them , wounds the divine nature . why doe you then so rashly draw the sword under so holie a vaile ? was religion ever built on bloud ? did the primitive christians ever propagate the gospell with other then their owne blood ? which they at all times shed , not onely to god ; but to their owne princes although pagans , but never against them . as the devill was the first rebell , so iudas was the onely traitor among the apostles : and shall wee ranke our selves with those hated examples of disloyaltie and treacherie ? but were our case good , and we able to contend with the forces of england : when have we fought with them , but we have beene beaten ? even then , when their dominions and strength were lesse , by all that ireland and wales have added to their power : and then , when they did labour , both with forraigne , and their owne civill distractions , their title no better then the sword : yet we found it a hard taske to keepe our kings in their seates , whose royall off-spring wee doe endeavour to tumble out . we have no france to flee unto for succour , our ancient league is worne out , theirs wholly simented , by strong tie of marriage . to depend upon any other forraigne assistances , were to build castles in the ayre . and besides that , traitors are distastefull to all kings : our persons cause , is not more odious then our religion . it is easie to begin , but let us see what will be the event of such ill grounded warre . i foressee with horror the miseries that attend it : as firing of houses , wasting of goods , famine , ruine of townes and citties , and the unjust libertie usurped , lost in an instant and for ever ; wife , children and bloud , man by nature holds most deare ; if we pittie not our selves , yet let us not forget them wee hold most deare : kings have strong hands to put a bit in the most stubborne ; if you cannot relish gentle subjection , how will you digest slavery ? put not backe therefore this blessed arme that stretcheth out to receive us ; when all is wildernesse , we shall then begge what now we refuse . for my part , i am in your powers , and know not how this free speech of a prisoner will be taken . howsoever you dispose of me , i will never distaine my ancestors , nor leave that foule title of traitor , as an inheritance to my posterity : you may when you please take my head from my shoulders ; but not my heart from my soveraigne . london printed by e. g. and are to be sold at the horse-shooe in smithfield , . edinburgh, the day of june, one thousand six hundred seventy and four years. act assuring a reward to any who shall apprehend some rebels and others. scotland. privy council. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) edinburgh, the day of june, one thousand six hundred seventy and four years. act assuring a reward to any who shall apprehend some rebels and others. scotland. privy council. sheet ([ ] p.) printed by his majestie's printers, edinburgh : anno dom. . caption title. royal arms at head of text; initial letter. signed at end: tho. hay, cls. sti. concilii. imperfect: creased with slight loss of text. reproduction of the original in the national library of scotland. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng covenanters -- scotland -- legal status, laws, etc. -- early works to . scotland -- history -- - -- sources. broadsides -- scotland -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - megan marion sampled and proofread - megan marion text and markup reviewed and edited - pfs batch review (qc) and xml conversion edinburgh , the . day of june , one thousand six hundred seventy and four years . act assuring a reward to any who shall apprehend some rebels and others . forasmuch as the keeping of field-conventicles , and the intruding upon , and invading of pulpits , are most unlawful and disorderly practices , tending to the disturbance of the peace , and to the affront of his majesties authority , and notwithstanding the laws and acts of parliament prohibiting the same , under high pains therein mentioned , the ring-leaders , promoters , and other persons guilty of the said disorders , are emboldned to commit the same , presuming that they will not be discovered and brought to trial and punishment : therefore the lords of his majesties privy council for the encouragement of all his majesties good subjects to discover and apprehend all such persons as is after-mentioned , do hereby offer , declare , and give assurance , that if any person , being of his majesties standing forces , or of the militia , or any other his majesties subjects , shall seiz upon , and apprehend any person or persons , who since his majesties late gracious proclamation of the . of march last , hath convocated any number of persons to field-conventicles , or at any 〈…〉 persons thereto , or shall apprehend any heretors or others being at field-conventicles , while the saids persons are present at , or coming from the same , so that the saids persons apprehended shall be brought to a trial , and shall be found guilty and convict of the said offences , that the apprehenders of such persons shall have the gift of the fines of the saids persons given to them : and incase any person or persons be cited for the saids crimes and offences , and after certification is granted against them for their contumacy and not appearing , shall be apprehended , the apprehenders of such persons shall have the gift of their escheats , and benefit arising from the said certifications . and whoever of the standing forces , militia , or others his majesties good subjects , shall apprehend any minister or other person preaching at any field-conventicle , or who hath preached since the said proclamation , or shall at any time hereafter preach at field-conventicles , or any of them . and whatsoever person or persons shall apprehend and seiz upon any outed minister who are not licenced by the council , or any other person not authorized nor tolerat by the bishop of the diocess , who since the time foresaid have invaded , or shall invade any pulpit or pulpits , the person or persons apprehending any of the ministers or other persons foresaid guilty of preaching at field-conventicles , or invading of pulpits , shall for their reward have payed to them the sum of an thousand merks : and for the persons after-named , viz. mr , john welsh , mr. gabriel sempil , and mr. samuel arnot , the apprehenders shall have the sum of merks payed to them . and his majesties subjects are not only warranted to seiz upon , and apprehend the saids disorderly persons in manner foresaid ; but it further declared by the saids lords of council , that upon consideration of the condition of the persons who shall be apprehended according as they have been more stickling and active in the said disorders , and the pains and diligence of the apprehenders and other circumstances , they will also consider what further reward shall be given to them for their service . and ordains these presents to be printed , that none pretend ignorance . tho. hay , cl s. s ti . concilii . edinburgh , printed by his majestie 's printers : anno dom. . the late speech and testimony of william gogor one of the three desperate and incorrigible traytors execute [sic] at the grass mercat in edinburgh, the eleventh day of march, , for disowning his sacred majesties authority ... gogor, william, d. . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing g estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : , : ) the late speech and testimony of william gogor one of the three desperate and incorrigible traytors execute [sic] at the grass mercat in edinburgh, the eleventh day of march, , for disowning his sacred majesties authority ... gogor, william, d. . sheet ([ ] p.). printed for r.b. and sold by w. davies, london : . caption title. imprint from colophon. incorrectly identified on umi microfilm (early english books, - ) reel as wing ( nd ed.) g a. reproduction of original in: bodleian library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng gogor, william, d. . cargill, donald, ?- . presbyterianism. covenanters. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion the late speech and testimony of william gogor , one of the three desperate and incorrigible traytors , execute at the grass mercat in edinburgh , the eleventh day of march , . for disowning his sacred majesties authority ; and owning and adhering to these bloody and murdering principles , contained in that execrable declaration at sanquhar , cargils traiterous covenant , and sacrilegious excommunicating of the king , by that arch-traitor cargil , and avowing of themselves to be bound in conscience , and by their covenant , to murder the king , and all that serve under him ; being armed ( the time they were apprehended ) for that purpose . men and brethren , these are to shew you , that i am come here this day , to lay down my life for owning christ and his truths ; and in so much as we are calumniate and reproached , by lying upon our names , and dreadful upbraiding of us , with saying , that we are not led by the scriptures , and say we have taken other rules to walk by ; i take the great god to be witness against all and every one of them , that i take the word of god to be my rule , and i never designed any thing but honesty a●…d faithfulness to christ : and for owning of christ and the scriptures this day i am murdered ; for adhering to the born-down-truths , i am condemned to dy ; and i also leave my testimony , and bear witness against all the apostate ministers this day , that have taken favour at the enemies hands : the only thing they take away my life for , is , because i disowned all those bloody traytors not to be magistrates , which the word of god casts off , and we are bound in conscience and covenant to god , to disown all such as are enemies to god , and which they are avowed and open enemies to christ ; and they have made void my word , saith the lord : say what ye will devils , say wretches , say enemies , say what ye will , we are owning the truth of christ , and his written word ; and condemn me in my judgement who will , i leave my blood on one and all that say we are not led by the scriptures : i leave my blood upon you again to be a witness against you , and a condemnation in the great day of judgement . i have no more to say , i think this may mitigate all your rage ; and so forth , i leave his enemies to his curse , to be punished into everlasting wrath , for now and ever amen . sic subscribitur , wil. gogor . london , printed for r. b. and sold by w. davies . answeres to the particulars proponed by his majesties commissionar approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc . estc s this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) answeres to the particulars proponed by his majesties commissionar hamilton, james hamilton, duke of, - . [ ] p. s.n., [edinburgh? : ] the answer of the scottish covenanters; the commissioner was james hamilton, duke of hamilton. caption title. imprint from stc. signatures: a² . in this edition, catchword on first page reads "es". reproduction of original in the folger shakespeare library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng covenanters -- early works to . scotland -- history -- charles i, - -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion answeres to the particulars proponed by his majesties commissionar . having seriously considered with our selves that nothing in this world is so pretious , and ought to be so deare unto us as our religion , that the diseases of this kirk after long toleration did threaten no lesse than her owne ruine , and expiring of the trueth of religion at last . and that a free generall assembly was the ordinarie remedie appointed by divine authoritie , and blessed by divine providence in other kirks , and after a speciall manner in the kirk of scotland ; wee have often and earnestly supplicated for the same , and have laboured to remove what was objected , or what we could concieve to bee any hinderance to the obtaining of our desire , like as wee have now for the same good end resolved to returne this answer to the particulars proponed to bee performed by us before an assembly be indicted . the particulars proponed are either matters ecclesiastick or civil : ecclesiastick or kirk matters are , the first concerning ministers deposed or suspended by the presbyteries , since the first of februar last without warrant of the ordinar , that they bee reponed to their own places . the second concerning moderators of presbytrys deposed since the forsaid day to be reponed , and all moderators appointed by the said presbyteries without warrant forsaid to desist from executing the office of moderator . the third anent ministers admitted since the day forsaid that they desist frō exercising the function of the ministerie in that place to which they had beene admitted . these three particulars doe concerne the power , duetie and particular facts or faults of presbyteries where in wee have no power to judge and determine whether they have lawfully proceeded or not , far lesse can wee urge or command them to alter or recall what they have determined or done , in the suspending , deposing or admitting of ministers or moderators : they beeing properly subject to the superiour assemblies of the kirk , and in this case and condition of the kirke , to the generall assembly , where if they shall not after tryall justifie their proceedings from the good warrants of scripture , reason , and of the acts and practises of the kirk , they ought sustaine their owne deserved censure . and since upon the one side there be many complaints against the prelates for their usurpation over presbyteries in the like particulars : and on the other side there bee such complaints of the doings and disorders of presbyteries to the offence of the prelats . wee trust that his majesties commissioner will not esteeme this to bee an hinderance of the indiction of a generall assembly : but rather a powerfull and principall motive with speed to conveen the same , as the proper iudicatorie for determining such dangerous and universall differences of the kirke . neither doe wee heare that any ministers are deposed , but some only suspended during this interim , till a generall assembly for their erronious doctrine and flagitious life : so that it were most offensive to god , disgracefull to religion , and scandalous to the people to repone them to their places till they be tried and censured . and concerning moderators none of them ( as we understand ) are deposed , but some only changed , which is verie ordinarie in this kirk . the fourth , anent the reparing of parochinars to their own kirks , & that elders assist their minister in the discipline of the kirk , ought to bee cognosced and judged by the particular presbyterie to which the parochiners and elders are subject , since the cause may bee in the ministers no lesse than the parochinars and elders . and incase they find no redresse there , to ascend till they come to a generall assembly , the want wherof makes disorders to be multiplyed both in presbyteries and paroches . to the sixth , that ministers waite upon their owne kirks , & that none of them come to the assembly or place where the same is keeped : but such as shall bee chosen commissionars from presbyteries . wee answere , that none are to come to the place of the assembly , but such as are either allowed , by commission , or other-wise have such interest as they can approve to his majesties commissionar , and the assembly conveened . to the seventh , anent the appointing of moderators of presbyteries to be commissionars to the genertll assembly : only constant moderatours , who ceased long since , were found in the assembly ( which yet was never reputed by this kirk to be a lawfull national assembly ) to be necessarie members of a generall assembly . and if both the moderators , who if they bee necessarie members need not to bee chosen , and the chosen commissionars repare to the assembly : the assembly it self can judge best of the members where-of-it ought to bee constitute . to the nynth , that no laick whatsoever meddle with the choosing of commissionars for the presbyteries , and no minister without his owne presbyterie : wee say that according to the order of the kirk none but ministers and elders of kirks ought to have voice in choosing commissioners for presbyteries : and that no minister or elder ought to have voice in election , but in his own presbyterie . the rest of the particulars are civill matters , as the fifth , anent the paying of the rents and stipends of bishops and ministers : concerning which wee can say no further , but that the lawes are patent for them as others his majesties subjects . and that the generall assembly ought not to bee delayed upon any complaint of that kind . the eight , requiring that bishops and other ministers may bee secured in their persons : wee think so reasonable , that we will promise everie one of us for our owne parts they shall suffer no violence from us , and shall hinder others so far as we may , and if any trouble them otherwise , or make them any kind of molestation in that attendance , except by order of law : the parties are justly punishable according to the degrie of their fault as other subjects are . to the tenth , concerning the dissolving of all convocations & meetings and the peaceablenesse of the countrie : these meetings beeing keeped for no other end , but for consulting about lawfull remedies against such pressing grievances as threaten the desolation of this kirk and state , cannot be dissolved till the evills be removed : and we trust that nothing in these our meetings hath escaped us , which carryeth in it the smallest appearance of undutiefullnesse , or which may seeme to tend to the breach of the common peace ; but although our adversaries have heerein calumniated us , yet we have alwayes so behaved our selves as beseemed his majesties most humble and loyall subjects petitioning his majestie for a legall redresse of our just grievances . to the last , concerning the covenant : the commissioner his g. having many times and most instantly pressed us with that point . we did first by invincible reasons make manifest that we could not without sinning against god and our consciences , and without wrong done to this nationall kirk , and the posteritie , rescind or alter the same . and thereafter did at length cleare the same of all unlawfull combination against authority by our last supplication & declaration which his majesties commissionar accepted as the most readie and powerfull of all other meanes which could come within the compasse of our thoughts to give his majestie satisfaction . the subscription of this our confession of faith and covenant , beeing an act so evidently tending to the glorie of god , the kings honor , and happinesse of of the kingdome . and having already proven so comfortable to us in the inward of our hearts : it is our ardent and constant desire , and heartie wish that both his majestie , and all his good subjects may bee partakers of the same comfort : like as wee find our selves bound by conscience and by the covenant it selfe to perswade all his majesties good subjects to joyne with us for the good of religion , his majesties honour , and the quyetnesse of the kingdome , which being modestly used by us without pressing or threatning of the meanest , wee hope shall never give his majestie the least cause of discontent . seeing therefore according to our power and interest we are most willing to remove all hinderances , that thinges may bee carried in a peaceable manner worthie of our profession and covenant , doe ayme at nothing but the good of the kingdome , and preservation of the kirk , which by consumption and combustion is like to bee desperately diseased , except remedie some way bee speedily provided ; and delight to use no other meanes but such as are legall , and have beene ordinarie in this kirk since the reformation , we are confident that without further delaye for preventing of greater evills and miseries than wee can expresse our just desires shall bee granted . so shall we bee incouraged in the peace of our soules still to pray for his majestie all encrease of true honour and happinesse . finis . a true subiects wish for the happy successe of our royall army preparing to resist the factious rebellion of those insolent covenanters (against the sacred maiesty, of our gracious and loving king charles) in scotland. to the tune of, o how now mars, &c. m. p. (martin parker), d. ? this text is an enriched version of the tcp digital transcription a of text s in the english short title catalog (stc ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a stc estc s this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a true subiects wish for the happy successe of our royall army preparing to resist the factious rebellion of those insolent covenanters (against the sacred maiesty, of our gracious and loving king charles) in scotland. to the tune of, o how now mars, &c. m. p. (martin parker), d. ? sheet ([ ] p.) : ill. by e. g[riffin] and are to be sold [by t. lambert] at the horse-shoe in smithfield, printed at london : [ ] signed: m.p., i.e. martin parker. a ballad. in two parts. printer's and bookseller's names and publication date from stc. verse - "if ever england had occasion,". reproduction of the original in the bodleian library. eng ballads, english -- th century. covenanters -- poetry -- early works to . a s (stc ). civilwar no a true subiects wish. for the happy successe of our royall army preparing to resist the factious rebellion of those insolent covenanters (ag m. p f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a true subiects wish . for the happy successe of our royall army preparing to resist the factious rebellion of those insolent covenanters ( against the sacred maiesty , of our gracious and loving king charles ) in scotland . to the tune of , o how now mars , &c. 〈◊〉 ever england had occasion , her ancient honour to defend , 〈◊〉 let her now make preparation , 〈…〉 honourable end : the ●actious scot is very hot , 〈…〉 ent spléene is néer ' forget 〈…〉 hath bin about this plot . 〈◊〉 the colour of religion , 〈…〉 i th hypocriticall pretence ) 〈…〉 e a fraction in that region , 〈…〉 against their native prince , 〈◊〉 heaven blesse with 〈…〉 nesse , 〈◊〉 all his enemies represse , ●●●st be he that wisheth lesse . 〈◊〉 gratious soueraigne very mildely , 〈◊〉 them what they did desire , 〈…〉 ingratefully and vildly , 〈◊〉 still continued the fire 〈◊〉 discontent ●gainst gouernment , 〈◊〉 england now is fully bent , proud iocky's bosting to preuent . 〈◊〉 importeth englands honour 〈◊〉 blesse rebels to oppose , 〈…〉 saint georges banner , 〈…〉 them as our countries foes , and they shall sée , how stoutly we , ( for royall charles with courage frée ) will fight if there occasion be . vnto the world it is apparent , that they rebell i th' high'st degrée , no true religion will giue warrant , that any subiect arm'd should be , against his prince in any sence , what ere he hold for his pretence , rebellion is a souls offence . nay more to aggrauate the euill , and make them odious mongst good men , it will appeare , that all their levell , is change of gouernment , and then , what will insue , amongst the crew , but iocky with his bonnet blew , both crown and scepter would subdue . why of these men will take compassion , that are disloyall to their king , among them borne in their owne nation , and one who in each lawfull thing , doth séeke their weale , with perfect zeale , to any good man i 'le appeale , if with king charles they rightly deale . the second part , to the same tune . the lord to publish their intentions , did bring to light a trecherous thing , for they to further their inventions , a letter wrote to the french king , and in the same , his aide to claime , with subtlety their words they frame , which letter to our soueraigne came . then let all loyall subiects iudge it , if we haue not a cause to fight , you who haue mony doe not grudge it , but in your king and countries right , freely disburse . both person purse , and all you may to auoyd the curse , of lasting warre which will be worse . if they are growne so farre audacious , that they durst call in forraine aide , against a king so milde and gratious , haue we not cause to be afraid , of life and blood , we then had stood , in danger of such neighbourhood , in time to quell them t will be good . then noble country-men be armed , to tame these proud outdaring scots , that englands honour be not harmed , let all according to their lots , couragiously their fortune try , against the vaunting enemy , and come home crownd with victory . the noble irish good example , doth give of his fidelity , his purse , and person is so ample . to serve his royall maiesty , and gladly he the man will be , to scourge the scots disloyalty , if englands honour would agree . then we more merely interessed , i th ●●nture danger that might chance , if that against our soveraigne blessed , those rebels had got aide from france , should not be slacke , nor ere shrinke backe , or let king charles assistance lacke , to tame in time this saucy iacke . we have a generall so noble , ( the great earle of northumberland ) that t will ( i trust ) be little trouble , those factious rebels to withstand ▪ his very name séemes to proclaime , and to the world divulge the same , his ancestors there won such fame . the god of host's goe with our army my noble hearts for you i le pray , that neuer any foe may harme ye ▪ nor any stratagem betray your braue designe , may beames divine , upon your ensignes brightly shine , amen say i , and every friend of mine finis . m. p. printed at london by e. g. and are to be sold at the horse-shoe in smithfield . a hind let loose, or, an historical representation of the testimonies of the church of scotland for the interest of christ with the true state thereof in all its periods : together with a vindication of the present testimonie, against the popish, prelatical, & malignant enemies of that church ... : wherein several controversies of greatest consequence are enquired into, and in some measure cleared, concerning hearing of the curats, owning of the present tyrannie, taking of ensnaring oaths & bonds, frequenting of field meetings, defensive resistence of tyrannical violence ... / by a lover of true liberty. shields, alexander, ?- . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a hind let loose, or, an historical representation of the testimonies of the church of scotland for the interest of christ with the true state thereof in all its periods : together with a vindication of the present testimonie, against the popish, prelatical, & malignant enemies of that church ... : wherein several controversies of greatest consequence are enquired into, and in some measure cleared, concerning hearing of the curats, owning of the present tyrannie, taking of ensnaring oaths & bonds, frequenting of field meetings, defensive resistence of tyrannical violence ... / by a lover of true liberty. shields, alexander, ?- . [ ], p. s.n.], [edinburgh? : printed in the year . errata: p. . reproduction of original in the union theological seminary library, new york. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng church of scotland -- controversial literature. church of scotland -- history. covenanters. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion some had y r hands struck off & hanged others beheaded . some hanged & quartered 〈◊〉 some tortured by bools thumbkins firematches . some taken & instantly shot in 〈◊〉 fields . some banished , others perished in ship-wrack . women hanged , others drowned of stakes in the sea a hind let loose , or an historical representation of the testimonies , of the church of scotland , for the interest of christ , vvith the true state thereof in all its periods : together with a vindication of the present testimonie , against the popish , prelatical , & malignant enemies of that church , as it is now stated for the prerogatives of christ , priviledges of the church , and liberties of mankind , and sealed by the sufferings of a reproached remnant of presbyterians there , witnessing against the corruptions of the time. wherein several controversies of greatest consequence are enquired into , and in some measure cleared ; concerning hearing of the curats , owning of the present tyrannie , taking of ensnaring oaths & bonds , frequenting of field meetings , defensive resistence of tyrannical violence , with several other subordinate questions useful for these times . by a lover of true liberty . psal. . . shall the throne of iniquity have fellowship with thee that frameth mischief by a law ? prov. . . as a roaring lion & a ranging bear so is a wicked ruler over the poor people . hos. . . they have set up kings but not by me , they have made princes and i knew it not . revel . . . and they overcame him by the bloud of the lamb and by the word of their testimony and they loved not their lives unto the death . printed in the year mdclxxxvii . the preface to the reader . christian reader , presuming it is thy desire , to answer the holy & honourable designation i accost thee with , i shall take the confidence to assure thee , it is my design to answer in some measure the expectation , which the title of this treatise would offer ; in the hope , that , wherein i come short ( as i indeed confess not only my jealous fears , but my sensible conviction of my insufficiency for such a great undertaking ) thy christian tenderness will impute it to my weakness , and not to any want of worth in the cause i manage ; which is truly worthy , weighty , noble , & honourable , in the esteem of all the lovers of christ , that have zeal for his honour in exercise : and therefore as it gives me all the encouragement i have , in dependance on his furniture , whose cause it is , to make such an essay ; so it animates my ambition , albeit i cannot manage it with any proportion to its merit , yet to move the christian reader to make enquiry about it , and then sure i am he will find it is truth i plead for , though my plea be weak . all i shall further say by way of preface is to declare the reason of the title and the design of the work . though books use not to be required to render a reason of their names , which often are arbitrarly imposed , more for the authors fancy , and the times fashion than for the readers instruction : yet , seing the times injuries do oblige the author to conceal his name , the title will not obscurely notify it to some , for whose satisfaction this is mainly intended , and signify also the scope of the subject ; which aims at giving goodly words , not suggared with parasitick sweetness , nor painted with affected pedantry , but fairly brought forth in unhampered freedom , for the beauty of the blessing of humane & christian liberty , in its due & true boundaries . this was the subject of a discourse , as some may remember , on that text whence this title is taken gen. . . naphtali is a hind let loose : in prosecuting of which , the speaker with several others , falling at the same time into the hands of the hunters , to learn the worth of that interrupted subject from the experience of the want of it ; an occasion was given , and interpreted by the author to be a call , to study more the preciousness of that priviledge predicated of naphtali , which is the right an● property of the wrestling tribe of israel , the persecuted witnesses of christ now every where preyed upon : and now , providence having opened a door , for delivering himself as a roe from the hand of the hunter , he thought it his duty , and as necessary a piece of service as he could do to the generation , to bring to light his lucubrations thereupon : with an endeavour to discover , to all that are free born , and are not contented slaves mancipated in a stupid subjection to tyrants absoluteness ; that , this character of naphtali , satisfied with favour and full with the blessing of the lord , that he is a hind let loose from the yoke of tyrannical slaverie , is far preferable , in the account of all that understand to be christians or men , to that infamous stigma of issachar ( the sin , shame , & miserie of this age ) to be a strong ass couching under two burdens , and he saw that rest was good , and the land that it was pleasant , and bowed his shoulder to bear , and became a servant unto tribute . but to all that are not altogether strangers in our israel it will appear , that this title is not ineptly applied to the subject and design of this treatise . the party , whose case and cause and contendings are here treated of , being known to have the same situation of residence in scotland , that naphtali had in israel , viz. the west and the south ( deut. . . ) will be found , among all our tribes , most appositely to bear the signature of naphtali , who , in their wrestlings for the interest of christ and the liberties of his israel , have mostly jeoparded their lives in the high places of the fields ; and chiefly to deserve his elogy , being a hind ( called wild by nick-name in the scorn of them that are at ease , but ) truly weak in their present wilderness condition , to wrestle against the force & fraud of their cruel & cunning hunters , who cease not ( when they have now got the rest of the roes and hinds of the field made fast asleep , under the bondage of the lions dens & mountains of leopards , by a pretence of a falsely so called liberty of conscience ) to seek and pursue the chase of them for a prey ; yet , really they are let loose , and not only suffered to run loose , as a prey to the hunters by the unwatchfullness of their keepers , but made to escape loose , by the mercy of the mighty one of iacob , from the nets of the hunters , and snares of the foulers , and from the yoke of the bondage of these beasts of prey , to whose authority they will not oune a willing subjection : and being such hinds , so let loose , they make it their work , to give goodly words , for the worth and honour and royalties of their princely master , and for the precious liberties wherewith he hath endoted and entrusted his spouse and children , and to keep the goodly words of his patience , untill he return as a roe or a young hart upon the mountains of bether . this being the party , who are represented as the wild folk of scotland , the design of this treatise is to hold forth the history of their manifold chases , the craft , keenness , & cruelty of their hunters , and the goodlyness of the words of their testimony : which , by reason of the likeness of the testimony of former periods with the present , and that the latter may be vindicated by the former , is resumed from the beginning of the church of scotlands wrestlings against the enemies of christ , and deduced through all the most signal steps of this long propagated and hereditary war. and lest my words should not be goodly enough , nor my notions grateful to the criticks of this age , who cast every thing as new and nice , which is someway singular and not suited to their sentiments ; that it may appear the cause here cleared and vindicated is not of yesterday , but older than their grandfathers who oppose it , i dare avouch without vanity , there is nothing here but what is confirmed by authors of greatest note & repute in our church , both ancient & modern , namely , buchanan , knox , calderwood , acts of general assemblies , cawses of wrath , lex rex , apologetical relation , napthali , ius populi , history of the indulgence , banders disbanded , rectius instruendum , and some other authors much respected : whose authority , more alwayes repelled by rage than ever yet resisted by reason , though i value more , than all the vain oblatrations of the opposers of this testimony , and think it sufficient to confute all imputations of its novelty , and to counterballance the weight that may be laid on the contradictions of the greatest that treat on this subject : yet i do not lay so much stress on the reason of their authority , as on the authority of their reason ; which is here represented with that candor and care , that , lest any should cavil that they are wrested or wronged , when made to speak so patly to the present controversies , i have chosen rather to transcribe their words , than to borrow their matter dressed up in my own ; except where the prolixity & multiplicity of their arguments , as clearly demonstrating that which i adduce them for as that for which they were primarly intended , did impose the necessity of abridging them ; which yet is mostly in their oun words , though reduced into a syllogistical forme . but this obloquie of novelty being anticipated , when i reflect on the helps i have collected from so many hands , i am rather afraid , the truths here delivered be comtemned as obsolete and antiquate , than cast at for new speculations . however i am content , yea it is my ambition that nothing here be looked upon as mine , but that it may appear , this is an old plea ; and that the party here pleaded for , who are stigmatized with many singularities , are a people , who ask the old paths and the good way , that they may walk therein ; and though their paths be not now much paved , by the frequency of passengers , and multitude of professors walking therein ; and albeit it must indeed be confessed , the word of their testimony is some way singular , that the same things were never the word of christs patience , stated as heads of suffering before ; yet they are not untroden paths , but the same way of truth , which hath been maintained by the witnesses of christ in all the periods of our church , and asserted by the greatest confessors , though never before sealed by martyrs . as for the arguments i bring to clear & confirm them , whether they be accounted mine or borrowed from others , i am very indifferent ; if they prove the point they are brought for , which i hope they will be sound to do : but of this ● am confident , there is nothing here can be condemned , untill some one or more of those grave authors be confuted , and when that is done ( which will be ad calendas graecas , or against the . of february ) there is something besides here which will challenge consideration . the design then of this work is of great importance : even no less than to essay , the discussing the difficulties of all our conflicts with open enemies , about the present state of the testimony ; the vindicating of all the heads of sufferings sustained thereupon , these years past ; the proposing of the right state of the testimony for the interest of christ , not only of this but of all former periods ; with an account of the propagation & prosecution of the witnessings , wrestlings , and sufferings for it from time to time ; to the end it may appear , not only how great the sufferings have been , since this fatal catastrophe and overturning of the covenanted reformation , and unhappie restauration of tyrannie and prelacie ; but that the grounds , upon which they have been stated , are not niceties and novelties ( as they are reproached and reputed by many ) but worthie and weighty truths of great value and validity , and of near affinity unto & conformity with the continued series and succession of the testimonies in all former periods . so that in this litle treatise must be contained , a compendious historie of the church of scotland her testimony in all ages , a vindication of the present state of it , yea in effect a short epitome of the substance of those famous forecited authors , as far as we need to consult them concerning the controversies of the present time with adversaries : which is much , and perhaps too much , to be undertaken in so small a volume . but considering , that many who are concerned in this cause , yea the most part who concern themselves about it , are such who have neither access nor time nor capacity to revolve the voluminous labours of these learned men , for light in this case ; i have done my best , to bring them into one body of a portable bulk , with as great brevity as could consist well with any measure of perspicuity ; not medling with any thing , but what i thought might some way conduce to clear some part of the present testimony . every undertaking of this nature , cannot but be lyable to several disadvantages that are unavoidable , this hath many discouraging and difficult . one is , that it shall be exposed to the common fate of such representations , to be stigmatized as a seditious libel , and so may be sent to the flames to be confuted ; and to enflame the fury of these firebrands , already hell-hot , into the utmost extremity of rage against the author , that ever cruelty it self at its fullest freedom did exert , against truth and reason arraigned and cast for sedition and treason : the only sanctuary in such a case is , in prospect of this , to have the greater care , that nothing be spoken , but what the speaker may dare to affirm in the face of cruelty it self . a second common disadvantage is obvious from the consideration of the humor of the age , wherein fancy hath greater force than faith , and nothing is pleasing but what is parasitical , or attempered to the palat of the greatest not of the best ; and naked truth , without the fairdings of flatterie , or paintings of that pâkiness which is commonly applauded as prudence now adayes , is either bogled at or exposed to scorn & contempt ; and reason , if roundly written , except it meet with an honest heart , is commonly read with a stammering mouth , which puts a t before it , and then it is stumbled at as treason : this essay does expect no entertainment from any , but such who resolve to harbour truth be the hazard what will , even when the world raises the hue & cry after it , and from such who are really groaning , either by suffering or sympathie , under the same grievances here represented . there is a third which makes it not a litle difficult , the quality , quantity , & intricacy of the matter , here to be confined to such a compend . all which together considered , do infer a fourth difficulty , that hardly can it get a pass through the press ; which is blocked up against all such books , that may offer a manifestation of the innocency of that people , and the injustice & inhumanity of their enemies ; which is their only hope of preventing the worlds knowledge & condemnation of their actings . yea there is a fifth , that wants not its own difficulty , that though the press were patent , yet an empty purse , from a poor impoverished people , will as readily preclude all access to it , as if it were locked up by law ; but both together make it hard . but there is a sixth disadvantage yet more discouraging , that the man as well as the money is wanting to manage the business : and this needs no other proof , than the necessity of my poor pen to undertake it , instead of a better . it must needs be very low with that people , that stand in need of such a pitiful patrociny as mine is . our persecuted brethren elsewhere , have this advantage of us , that they have champions to espouse their quarrel , which we have not ; but only such , who , as they are reputed in the world , so in their own sense , owne themselves to be very unaccomplished for such work ; and under this invincible disadvantage also , that , being forced to a wandering and unsetled life , they have no conveniency , nor can be accommodated with time nor helps to performe it ; and so circumstantiated , that either it must be done at this time , and in this manner , or not at all . in the seventh place , we are at a greater loss than any suffering people , in that among all other bitter ingredients we have this gall also in our cup , that they that suffer most among us have not the comfort & benefit of the sympathie of others , that sufferers use to have from good people . the reason of this makes an eight discouragement , besides what is said above ; that not only is the case & cause of that poor persecuted & wasted witnessing remnant obscure in it self , and not known in the world , nay not so much as in the very neighbouring churches of england & ireland ; but also more obscured by the malice of enemies , traducing , calumniating , & reproaching that righteous remnant whom they intend to ruine ; not indeed as hereticks ( which is the case of other suffering churches , wherein they have the advantage of us also , that thô the name be more odious , yet it makes the notion of their cause and the nature of their enemies more notour , and is more effectual to conciliate sympathie from all that know , that protestants are persecuted by papists under the notion of hereticks ; but we are at a loss in this , that our persecuters , at least the most part of the executioners of the persecution , will not as yet avouch that protestanism is heresie , though we want not this nick-name likewise from the chief of them , that are professed papists ) but as schismaticks , seditious , rebells , traitors , murderers , holding principles inconsistent with government ( to wit , their tyranny ) and the peace of humane society ( to wit , their association against religion and liberty ) and therefore to be exterminated out of the world . and this imposture covering all their mischiefs , hath prevailed so far with the blinded world , that under this brand the consideration of their case & cause is buried , without farther inquirie . this were yet more tolerable from open enemies ; if there were not another more pressing discouragement in the ninth place , peculiar to them in scotland ; that having to do with treacherous as well as truculent enemies , as they have been much destroyed by open force , so much more by fraud : while by ensnaring favours some have been flattered from the testimony , others disdaining & suspecting , as well as deprived of and secluded from , these favours , have s●uck to it ; hence defection brought on division , and division confusion , which hath reduced the reformation to a ruinous heap . in the next place , as the consequent of the former , while the purer remnant have been resolutely prosecuting the testimony , and not only keeping themselves free of , and standing at the surthest distance from , all degrees of complyance , but also witnessing against their brethren involved in them , and thinking it their duty to discountenance them in these corruptions & backslidings ; they have been therefore reproached and misrepresented very industriously , as ignorant , imprudent , transported with blind zeal , extravagant , wild , separatists , espousing new & nice notions , rejecters of the ministry , imposers on the ministry , denyers of all government , usurpers of an imaginary government of their oun , that died as fools , and as guilty of their oun blood . by which odious & invidious obloquies , they have easily prevailed with many , both at home & abroad , that are more credulous than considerate , to beleeve these things of them : hence , with prejudicate people a contrary representation will find difficult acceptance . however this moreover is another great disadvantage , and renders an essay to vindicate their sufferings very uneasie , that they are thrust at & tosted on both hands , by enemies & professed friends : and by enemies , that are not all papists : but professed protestants , ouning the same fundamentalls in opinion , though in practice not holding the same head : and by friends , that not only are protestants , but presbyterians , under the bonds of the same solemn & sacred covenants , the obligation whereof they still oune ; and not only so , but such , whose piety & godliness cannot be doubted . this is a gravamen grievous to bear , & greatly aggravates the difficultie . finally , the greatest of all is , that not only their cause is rendered odious , but must be confessed truly to be odd & someway singular ; and therefore will seem strange & surprising to strangers , to hear an account of extraordinary sufferings for & upon extraordinary causes , which never were formerly stated as heads of suffering . for now it is the dragons chiefest stratagem with us , like to be the most subtil , ensnaring , & successful of any , that ever he set on work since ever he began this war with the lamb , ( which yet i hope will prove as fatal to his interest as the former ) to bring the sufferings of christs witnesses to such a state , that may seem to spectators litle or nothing relative to religion , that so he may destroy both them and their testimony unlamented , and by that trick divert others from concerting that same necessary witness in the season thereof . and for this end he will change both matter & manner , in managing the war. he will not now persecute for the old controverted heads of poperie , with fire & faggot as formerly , for refusing to worship our lady , or the blessed sacrament of the altar . these weapons & engines are so worn out of use , that they will not work now as they did before . and that old baud of babylon is become so ugly and out of date , that he does not believe her beauty can be so bewitching , except she put on a new busk . but her eldest daughter , the prelatical church , of the same complexion with herself , except that she is coloured with protestant paint , is fitter for his service , to allure our land into fornication ; and who will not be entyced , must be forced to communion with her , by finings , confynings , exactions , extortions , & impositions of oaths &c. religion must be litle concerned here : for there is preaching enough , and of protestant doctrine too , and without the monkie-tricks , & montebank showes , & fopperies of english-popish ceremonies , & lyturgical services : what would they be at ? is it not better to yeeld to this , than to fall into the hand of the scotish-spanish-inquisition , that will rack the purse , the body , & conscience , and all ? this is one complex head of suffering , and thought a very small one by many . but now finding this would not do his business yet , it looked too like religion still : he hath therefore invented a new machin : he will not now persecute , nor force the conscience at all ( so good natur'd is the devil and his lievetenant grown , in their old age ) for matters of meer religion . nay ( if we may believe him , who when he speaketh a lie speaketh it of his own ) he hath not done it this long time , but only , in all the violent courses exercised against these sufferers , he hath been magistratically chastising the disobedience & rebellion , of a few turbulent traitors , who would not oune the government . and thus under the notion of rebellion , & disouning authority , he hath had access & success to destroy almost an innumerable number of honest & innocent , faithful & fruitful , lovers of christ ; who though indeed they have had their sufferings stated upon those points , yet i doubt not shall be found among the followers of the lamb , and confessors and martyrs of christ , who haue overcome by the blood of the lamb & the word of their testimony , not loving their lives unto the death , whose blood is crying for vengeance against the shedders thereof , and he will make inquisition for it , when he comes to overturn , overturn , & take his own right , for which they have been contending . nevertheless this is a prejudice too prevalent with many , to misregard the case & cause of these contenders , or any thing that can be said to represent them favourablie . and all these disadvantages , difficulties , & discouragements together considered , would soon cool my courage , and at first blush make me leave off before i begin , were i not persuaded that it is the cause of christ these reproached people are suffering for , and that their great sufferings & reproaches are both alike unjust , from both which the lord vvill vindicate them , & bring forth their righteousness as the light & their judgment as the noon day , ●n his oun time . in confidence of vvhich , depending on his conduct , i shall undertake , as briefly as is possible for me , to represent their case , and clear the cause , so far at least as concerns their contest vvith their pesecuting enemies , vvi●h vvhom i only deal at present ; it not being my purpose to descend particularly into their necessitated contendings vvith complying brethren , partly because they vvould make the volume to excresce unto too great a bulk , & because they are to be seen elsevvhere ; yet in effect these also are not only here narratively deduced , but vvhatever is odious in them is vindicated , & vvhat is difficult in some measure enodated . but it may be expected and desiderated , that i should give a distinct deduction of all the steps of this woful defection , against which a great part of the testimony hath been stated : but i would have the reader advertised , i touch only that part of the testimony which hath been sealed by severe sufferings from enemies . it were a task transcending my capacity , and a theme wherein i have no pleasure , besides that it is inconsistent with my leasure , to inlarge upon such a sad and shameful subject : though the world indeed is at a loss , that they that would do it cannot , and they that would & should do it will not ; and it is a greater loss , not only to scotland , but also to the whole christian world , that what hath been done in this kind already cannot see the light , or rather that the church of christ is deprived of its light , which through the injury of the times , & the disingenuous prudence of some , who suffer themselves to be imposed upon by the patrons of defection , is embezilled & suppressed . i mean that excellent & faithful history of defection , the posthumous work of famous mr. m'ward , whose praise is in the churches : which if they that have it in keeping , would do themselves the honour , and the world the happiness , of publishing it , there would be no more need to discover , from whence , to what , and how , that church hath fallen & degenerate ; nor so great dissicultie in that indisputable & indispensable duty that such a day calls for , in searching & trying our wayes to the end we may turn again to the lord ; nor any necessity for my poor essay , to invite & incite the people of the lord to take cognizance & compassion of poor perishing scotland . i wish that they who have it , may consult more their oun duty and credit , and what they owe to the memory of the dead , the churches edification , the dayes testimony , and the honour of christ , than to continue robbing the world of such a treasure ; wich i doubt not to call treason against christ , & sacriledge against the church , & stick not to tell them , if they will not publish it , the world must knovv there was such a thing done . but it not being my design now , to detect or reflect upon all the defections of that declining , & by declensions divided , & by divisions almost ( only not ) destroyed church ; i shall medle with them no further , than what is necessary to clear the cause ; refering the knowledge and account of them , either to the notoriety of the grossest of them , or to the more particular enarration of them , to be found in papers emitted & published by the contenders against them : of vvhich one is of this same years edition , entituled , the informatory vindication of a poor , wasted , misrepresented remnant , &c. in vvhich may be evident , that notvvithstanding of all this darkness & distress , defection & division , under vvhich the church of scotland hath been so long & is still labouring , there is yet a poor vvasted , vvounded , rent & almost ruined , but still vvrestling & vvitnessing remnant , of professors & confessors of christ there , vvho though they have not only had their soulls exceedingly filled vvith the scorning of those that are at ease & vvith the contempt of the proud , but their bodies also killed all day long and counted as sheep for the slaughter , have yet through grace endeavoured to overcome by the blood of the lamb and the vvord of their testimony , & have not loved their lives dear unto the death , & have continued to this day contending both against professed enemies , & also declining friends , sustaining from both the utmost of rage & reproach . and since that litle book gives an account , vvhat their conten●ings have been against their backdravving brethren on the right & left hand , i shall spare labour to offer a discussion of them , only endeavour to make it not difficult to decide & determine , on vvhose side truth lies , by vvhat is here hinted . i shall conclude , vvith advertising the reader of one thing further ; that , as this reproached people , for vvhose testimony i am pleading , is novv the only party that is persecuted in scotland ( some fevv excepted ; vvho are exempted from the pretended favour of the current indemnities ) & their persecution still continues , notvvithstanding of the impudent as wel as insnaring declarations of universal liberty to all dissenters , vvhich they look upon as their honour & happiness , to be thought incapable of tyrannical & antichristian favours ; so their past & present oppressions & sufferings are only here in general agregated described as to their kinds , & vindicated as to their causes : the particular deduction of their number , vveight , & measure ; of their names that have been martyred & murdered , both by formality of lavv & vvithout all formality of lavv , by sea & land , city & countrey , on scaffolds & in the fields ; of the manner of their sufferings ; & of the forme of their trialls & testimonies , being intended shortly ( if the lord vvill ) to be emitted & published in a book by it self ; vvhich vvil discover to the vvorld as rare instances of the injustice , illegality , & inhumanity of the scotish inquisition , & of the innocency , zeal , ingenuity , & patience of the vvitnesses of christ , as readily can be instanced in these latter ages . only here is a taste till more come : vvhich if the lord shall bless for its designed end , the glory of god , the vindication of truth , the information & satisfaction of all serious sympathisers vvith zions sorrovves , & the conviction or confutation of reproachers , so far at least as to make them surcease from their invidious charges of things vvhereof the innocency is here vindicated , i have obtained all my design , & shall desire to give the lord the praise . to fill up the vacancy of this page , it will not be unprofitable for the reader , to cast his eye upon these sentences of great authors , which relate to some heads of the following discourse . erasm. ut atagen , aliás vocalis , captus obiuutescit , ita quibusdam servitus adimit vocem , qui liberi loquuntur libere . nazianzen . melius est pro pietate dissidium , quam concordia fucata . bernard . si autem de veritate sumitur scandalum , utilius est ut scandalum oriatur , quam veritas relinquatur . bracton . rex est qui bene regit , tyramius qui populum opprimit . cicero . amittit is omne imperii jus , qui e● imperio rempublicam oppugnat . aristot. qui legi paret , is deo & legi paret ; qui regi , homini & belluae . sweton . sub paena perjurii non tenentur fidem fervare regi degeneri . ambros. qui non repellit a socio injuriam , si potest , tam est in vitio quam ille qui facit . chamier . at cives omnes jus habent insurgendi contra tyrannos , qui vi aperta regna occupant . barclai . contra monarchom . tyrannos , ut hostes publicos , non solum ab universo populo , sed à singulis etiam , impeti caedique , jure optimo posse , tota antiquitas censuit . an historical representation of the testimonies of the church of scotland , with the true state of the same in all the periods thereof . with a vindication of the present testimonie . the church of christ , in the impression of all that have the least spark of the dayes spirit , is now brought to such a doleful & dreadful case & crisis ; that if it may not be reckoned the killing of the witnesses : yet all that have or desire the knowledge of the times , will judge it no impeachment to the prophecie to say , it is either very like or near unto it . when now the devil is come down in great wrath as knowing his time is but short , and therefore exerting all the energy of the venom & violence , craft & cruelty of the dragon : and antichrist , alias pope , his captain general , is now universally prevailing , and plying all his hellish engines , to batter down , & bury under the rubbish of everlasting darkness , what is left to be destroyed of the work of reformation : and the crowned heads or horns of the beast , the tyrants , alias kings , of europe , his council of war , are advancing their prerogatives upon the ruines of the nations & churches priviledges , to such a pitch of absoluteness ; & improving & imploying their power , for promoving their masters ( the devil & antichrists ) interests , to whom they have gifted the churches , mancipated their own , and sacrificed the nations interest ; and that with such combination of counsels , & countenance of providential success , that all the powers of hell , the principalities of earth , & the providence of heaven , overruling all things for the accomplishment or the divine purpose , & purchase , & prediction , seem to conspire to produce that prodigious period , and ultimus conatus of the churches enemie . and the commencement is so far advanced , that , now in all the churches of europe , either the witnesses of christ are a killing , or the witness for christ is in a great measure killed ; either the followers of the lamb , who are cal●ed & chosen & faithful , are killed for their testimony , or fainting in their zeal , and falling from their first love , they are cooled or cajoled from their testimony . some are indulging themselves in their ease , settleing on their lees , & sleeping in a stupid security ; and , while the lord is roaring from above , & his & their enemies raging about them , & designing to raze them after they have ruined their neighbours , they are rotting away under the destructive distempers of detestable neutrality , loathsom lul●warmness , declining & decaying in corruptions , defections , divisions , distractions , confusions , & so judicially infatuated with darkness & delusions , that they forget & forgo the necessary testimony of the day . others again , outwearied with the length & weight of the tryal , under the tentation of antichrists formidable strength on the one hand , & a deceitful prospect of an insnaring liberty on the other , are overcome either to be hectored or flattered from their testimony . and so in these churches , comprehending all that are free from persecution at this time , the witness for christ is in a great measure killed . other churches , which are keeping & contending for the word of christs patience , are so wasted . & almost worn out , with persecutions , afflictions , & calamities , that , after they have been & are ( so much ) daylie killed for the word of god , & the testimony of jesus , it may well be said , there hath been & is a great slaughter of the witnesses . and it were hard to determine , which of them can give the largest & most lamentable account of their sufferings , or which of them have had the greatest & most grievous experiences , of the treachery & truculency , violence & villanie , of atheistical & papistical enemies : whether the reformed church of france , howling under the paw of that devouring lyon , the french tyrant ; or the protestants of hungary , under the tearing clawes of that ravenous eagle the tyrant of austria ; or those of piedemont , under the grassant tyranny of that litle ty●er of savoy . the accounts they give in print , the reports they bring with them in their flight from their respective countreyes , & the litle hints we have in gazetts & news letters , must needs enforce a conviction , if not extort a compassion , of the greatness of their pressures ; & that with such a parity , that it is doubtful which preponderats . i shall not make comparisons , nor aggravate nor extenuate the sufferings of any of the churches of christ , beyond or below their due measures : but will presume to plead , that scotland , another ancient & sometimes famous reformed church , be enrolled in the catalogue of suffering churches , besides these mentioned ; and crave , that she may have a share of that charity & sympathy , which is the demand & desire of afflicted churches of christ , from all the fellow members of that same body : and so much the rather is this her due ; that , whereas among all the rest of the churches , christs witnesses are killed in some particular respect , & each of them have their own proper complaint of it ; some upon the account of persecution , some of defection , division &c. of this it may be said , in all respects , both the witnesses of christ , and a witness for christ , are killed with a witness . this is the case of the sometimes renouned , famous , faithful , & fruitful , reformed , covenanted church of scotland , famous for unity , faithful for verity , fruitful in the purity of doctrine , worship , discipline , & government ; which now , for these years past , under the domination of the late tyrant & present usurper of brittain , hath been so wasted with oppression , wounded with persecution , rent with division , ruined with defection , that now she is as much despised , as she was before admired : and her witness & testimony for reformation , is now as far depressed & suppressed in obscuritie as it was formerly declared & depredicated in glory & honour . and yet , which should move the greater commiseration , her witnessings & wrestlings , tryalls & tentations , have not been inferiour , in manner or measure , quality or continuance , to any of the forementioned churches , thô in extent not so great , because her precinct is not so large , whereby the number of her oppressed & murdered children could not be so multiplyed , though her martyrs be more , and the manner of their murder more illegal , than can be instanced in any of them , during that time . a particular enumeration or enarration whereof , cannot be here exhibited , but is referred & reserved to a peculiar treatise of that subject , which ere long the world may see . only i shall give a compendious account of the kinds & causes , grounds and heads , of their sufferings , who have been most slighted & least sympathised with , though they have sustained the greatest severities of any ; and inend endeavour to vindicate the merit of their cause , in the most principal heads upon which their sufferings have been stated : whereby it will appear to impartial men , that will not be imposed upon , there hath been , & yet is , a great & grievous , & some way uparalleled , persecution in scotland , at least inferiour to none : which hath not hitherto been culy considered , with any proportion to the importance thereof . but thô this be the scope , it is not the summe of what is intended in this discourse . the method i have proposed to prosecute it withall , will discover it : which is . . to give a brief & summary account , of the series & succession , success & result , of the several contendings of the witnesses of christ , against his enemies in scotland from time to time ; that it may appear ; whether or not the present sufferings as now stated can be condemned , if the former be approven . . to rehearse some of the chief means , methods , & measures , that the popish , prelatical , & malignant saction , have managed , for the ruin of this witnessing remnant , & some of the most signal steps of sufferings sustained by & from these within these years ; by which it will appear , that the persecution in scotland hath been very remarkable ( though litle regarded ) both in respect of the injustice , illegality , & inhumanity of the persecutors , & in respect of the innocency , zeal , & ingenuity of the persecuted . . to clear the state & vindicate the merit of the cause of their sufferings , as to the most material heads of it , that are most controverted at this time . in the first of these , i must study all compendious brevity , as may consist with the clearing of my scope : which is not to enlarge an historical deduction , of the rise & result , progress & prosecution , occasion & continuation , of every controversie the church hath had with her several adversaries in several periods ; but only to hint at the chief heads of their contendings , with a design to make it appear ; that the most material heads of sufferings that are now condemned , as new & nice notions , have been transmitted from age to age , from the beginning even to this present time , through all the periods of this church . period . i. comprehending the testimony of the culdees . it is not without reason reckoned among the peculiar prerogatives of the renouned church of scotland , that christs conquest in the conversion of that nation , is one of the most eminent accomplishments of scripture prophecies , of the propagation of his kingdom in the new testament dispensation : not only because it was , when called out of gentile paganisme , among the rudest of heathen nations , & in the ackowledgment of all , among the uttermost parts of the earth , which were given to christ for his inheritance & possession ; whereunto he had , & hath still , undoubted right , by his fathers grant , & by his oun purchase ; and took infeofment of it by a glorious conquest , of that land which the roman armes could never subdue , & erected his victorious trophees there , whither their triumphs could never penetrate , obtaining & thereby accomplishing that predicted song of praise , from the uttermost parts of the earth have we heard songs , even glory to the righteous ; which gives us groun● to expect , that however christs interest there be now very low , and like to be lost as a prey in the dragons mouth , yet christ , having such undoubted & manifold right to it , will not so easily quit or forego his possession : but also because , he hath so constantly continued his possession , & maintained his title , by a long course of contendings , by the testimonies of his witnesses , against the invaders thereof , through all the periods of the church , from the very infancy of this new dispensation : and because , scotlands conversion into the christian faith was among the first fruits of the gentiles , of the oldest date , that any standing church holding the head christ this day can deduce its original from . for it is clear from ancient records , the christian faith was imbraced here , a few years after the ascension of our saviour , being taught by the disciples of iohn the apostle ; & received afterwards great increment from the brittons , flying to scotland to escape the persecution of the emperour domitian , & was long promoted by the ancient culdees or cultores dei ; men whose memory is still fragrant , for piety & purity of faith & life , who continued some hundreds of years , under various vicissitudes of providence , before either prelacy or poperie was known in scotland . they were first universally encouraged by king cratilinth , in the time of the last persecution under dioclesian , which brought many of christs witnesses hither for shelter , who were very helpful for the setling of truth , & the total extirpation of the idolatry of the druides , the heathen priests ; whereby the pure doctrine , worship , & government also of christs institution , was established & continued many years , while these witnesses of christ had no other emulation but of well doing & to advance pietie . in this period , these ancient & first confessors & witnesses of christ , did wrestle strenously , according to their strength & light , for the truths & words of christs patience , controverted in their day , both against professed enemies pagan persecutors & 〈◊〉 , & pretended friends corrupters of the faith. their testimony was stated , in a peculiar manner , for the verity , value , & vertue of christs natures & offices , in 〈…〉 rel●●ive to either , against the malignants & sectaries of their time : particularly for the concerns of his pr●phetical office. and though we be at a loss , that for the most art their witness is buried in oblivion , through the darkness of the times succeeding : yet the scraps & fragments that are left , do furnish us with these few remarks . i. they maintained the verity of the christian doctrine , against both pagan persecutors , & heretical perverters ; and the purity of his instituted worship , without the vanity of humane inventions , or conformity with , either the druides on the one hand , or the hereticks on the other : with which , sometime befor the end of that period , they were in●ested : chiefly the pelagians , with whom the faithful would have no communion , but abstracted themselves in a monastical life , liveing & exercising their religion in cells , from whence many places in the countrey yet retain the name , as kilmarnock , kil-patrick &c. that is the cells of these eminent men among the culdees . and their government also , was that of the primitive order without bishops , with litle vanity , but great simplicity & holyness . many authors do testity , that near about years the church of scotland knew nothing of the episcopal hierarchy , untill pa●adius brought it in , & not without great opposition . ii. in these recesses , they had the advantage , both of outward peace when others were in trouble , & of inward peace of conscience , when others were debauched with many conjurations , & abjurations , combinations & confederacies , imposed & exacted by them that prevailed for the time : whereby they might both keep themselves free of insnaring oaths , perfidious complyances , & associations with the wicked , & also intertain & incourage the oppressed for equity , who fled unto their sanctuary for safety . we find they refused to enter into league with malignant enemies . one memorable passage i shall insert ( though strictly it belong not to this period , as i distinguish it , yet falling out , within years thereafter , in the time of the culdees , it will not obscurely evidence the truth of this ) goranus the king of scots , earnestly dissuaded lothus , king of picts , to entertain the league with the saxons , not only because they were treacherous & cruel , but because they were enemies to the countre● & to the religion they professed , concluding thus , homi●i vero christiano id longe omnium videri &c. but to a christian nothing must seem more grievous , than to consent to such a covenant , as will extinguish the christian religion , & reduce the profane customes of the heathen , & arme wicked tyrants the enemies of all humanity & piety against god & his law : whereupon lothus was perswaded to relinquish the saxons . buchan . histor. rer . scotic . iii. though they were not for partaking in wicked unnecessary wars , without authority or against it ; yet we have ground to conclude , they were for war , & did maintain the principle of resisting tyrannie : since there was never more of the pactice of it , nor more happy resistances in any age , than in that . where we find , that , as their ancestors had frequently done before , so they also followed their footsteps , in resisting , reduceing to order . repressing , & bringing to condign punishment , tyrant ; & usurpers ; and thought those actions , which their fathers did by the light of nature & dictates of reason , worthy of imitation , when they had the advantage of the light of revelation & dictates of faith ; the one being indeed moderate & directed but no ways contradicted by the other . therefore we read ; that , as their predecessors had done with thereus the th king of scotland , whom they banished in the year before christs incarnation . with durstus the ii king , whom they slew in battel , in the year befor christ . evenus . who was imprisoned & dyed there , in the year befor christ . dardanus , the th king , who was taken in battel , beheaded by his oun subjects , his head exposed to mockage , & his body cast into a sink , anno christi . luctatus the . king , who was slain for his leachery & tyranny , anno . mogaldus the . king , slain anno . conarus the . king , a leacherous tyrant , dyed in prison , anno . satrael the . king , hanged anno . so , after the christian faith was publickly professed , they pursued athirco , the . king , when degenerate into tyranny , who was forced to kill himself anno . they slew nathalocus , the . king , & cast him into a privy anno . they beheaded romachus , the . king , and caryed about his head for a show , anno . as they did with many others afterwards , as witnesseth buchan . lib. . histor. scotic , iv. whence it is evident , that as they attained , even in these primitive times , & maintained the purity & freedom of their ministery , independent on pope , prelate , or any humane supremacy ( that antichristian hierarchy , & erastian blasphemie , not being known in those dayes ) so they contended for the order & boundaries of the magistracy , according to gods appointment & the fundamental constitutions of their government ; & thought it their duty to shake off the yoke , & disoune the authority of these tyrants that destroyed the same . yea we find that even for incapacity , stupidity , & folly , they disouned the relation of a magistrate , & disposed of the government another way , as they did with ethodius . whose authority they did oune , but titulo tenus . see buchan . loco citato , period . ii. comprehending the testimonie of the same culdees with that of the lollards . the following period was that fatal one , that brought in universal darkness on the face of the whole church of christ , and on scotland with the first of them : which , as it received very early christianity , so it was with the first corrupted with antichristianisme : for that mystorie of iniquity that had been long working , till he who letted was taken out of the way , found scotland ripe for it when it came : which , while the dragon did persecute the woman in the wilderness , did vallantly repell his assaults , but when the beast did arise , to whom he gave his power , he prevailed more by his subtiltie , than his rampant predecessor could do by his rage . scotland could resist the roman legions while heathenish , but not the roman locusts when antichristian . at his very first appearance in the world under the character of antichrist , his harbinger palladius brought in prelacy to scotland , & by that conveyance the contagion of popery : which hath always been , as every where so especially in scotland , both the mother & daughter , cause & effect , occasion & consequence , of popery . these rose , stood , & lived together , & sometimes did also fall together : & we have ground to hope , that they shall fall again ; & their final & fatal fall is not fa● off . whatever difficulty authors do make , in calculating the epocha of the moneths of antichrists duration in the world , because of the obscurity of his first rise ; yet there needs not be much perplexity in finding out that epocha in scotland , nor so much discouragment from the fancyed permanency of that kingdom of wickedness . for if it be certain , as it will not be much disputed , that popery & prelacy came in by palladius , sent legate by pope celestine , about the year . then if we adde moneths or prophetical d●yes , that is years , we may have a comfortable prospect of their tragical conclusion . and though both clashings & combinations , oppositions & conjunctions , this day may seem to have a terrible aspect , portending a darker hour befor the dawning ; yet all these ●eelings & revolutions , though they be symptoms of wrath incumbent upon us for our sins , they may be looked upon , through a prospect of faith , as presages & prognosticks of mercy impendent for his names sake , encouraging us , when we see these dreadful things come to pass in our day , to lift up our heads for the day of our redemption draweth nigh . this dark period continued ●igh about years , in which though christs witnesses were very few , yet he had some witnessing & prophecieing in sackcloth all the while . their testimony was the same with that of the waldenses & albingenses , slated upon the grounds of their secession or rather abstraction from that mystery babylon , mot●●●r of harlots popery & prelacy , for their corruption in doctrine , worship , discipline , & government . and did more particularly relate to the concerns of christs priestly office , which was transmitted from the culdees to the lollards , and by them handed doun to the instruments of reformation , in the following period . their testimony indeed was not active , by way of forcible resistance , against the soveraign powers ; but passive , by way of confession & martyrdom , & sufferings & verbal contendings , & witnessings against the prevailing corruptions of the time . and no wonder it should be so , & in this some way different from ours , because that was a dispensation of suffering , when antichrist was on the ascendant , & they had no call nor capacity to oppose him any other way , and were novv spirited for this passive testimony , in which circumstances they are an excellent pattern for imitation , but not an example for confutation of that principle of defensive resistence which they never contradicted , & had never occasion to confirm by their practice . but as in their manageing their testimony , their manner was somevvay different from ours on this respect ; so they had far the advantage of us , that their cause was so clearly stated upon the greatest of heads of sufferings , having the clearest connexion with the fundamentals of religion . yet we shall find in this period our heads of suffering someway homologated , if we consider . i. that as they did faithfully keep & contend for the word of christs patience under that dispensation , in asserting & maintani●g both the verity of christs doctrin , & the purity of his worship , by testifieing against the corruptions , errors , idolatries , & superstitions of popery ; so they did constantly bear witness against the usurpation & tyrannical domination of the antichristian prelats . and as the culdees did vigorously oppose their first introduction , and after aspiring domination , as well as the corruptions of their doctrine , as we have the contendings of eminent witnesses recorded from age to age ; in the fourth & fifth age , columbe , libthac , ethernan , kintogerne or mungo ; in the sexth & seventh age , colmanus , c●emens , & samson with others , in the eight & ninth age , alcuin , rabanus maurus , ioannes scotus acrigena , are noted in historie ; and the lollards , by their examinations & testimonies , are found to have witnessed against the exercise of their power , & sometimes against the very nature of their power it selfe : so in their practise , they condemned prelacy as well as popery , in that their ministers did in much painfullness , poverty , simplicity , humility , & equality , observe the institution of our lord. and so far as their light served , & had occasion to inquire into this point , they acknowledged no officer in the house of god superior to a preaching minister , & according to this standart they rejected & craved reformation of exorbitant prelacy . and it is plain that they were frequently discovered , by discountinanceing & withdrawing from their superstitions & idolatrous worship : for all which , when they could not escape nor repell their violence , they cheerfuly embraced & endured the flames . ii. that their adversaries did manage their cruel craft , & crafty cruelty , in murdering those servants of god , much after the same methods that ours do ; except that they are many stages outdone by their successors , as much as perfect artists do outstrip the rude beginings of apprentices . but on the other hand , the suffe●ers in our day , that would follow the example of those worthyes under popery , would be much condemned by this generation , even by them that commend the matter of their testimony , though they will not allow the manner of it to be imitated in this day . the adversaries of christ in this & that generation , are more like then his confe●sors & witnesses are . the adversaries then , when constrained by diversions of the times troubles , or when their designes were not ripe , pretended more moderation & aversation from severity , but no sooner got they opportunity ( which always they sought ) but so soon they renewed the battel against jesus christ ; so now : when they had seven abominations in their hearts , & many cursed designes in their heads , they always spoke fairest ; so now : when they had a mind to execute their cruelty , they would resolve befor-hand whom to pitch upon before conviction ; so now : and when so resolved , the least pretence of a fault , obnoxious to their wicked law , would serve their design ; so now : they used then to forge articles , & falsly misrepresent their answers , & declarations of their principles ; so now . yet on the other hand , if now poor sufferers should glory in that they are counted worthy to suffer shame for the name of christ , as they did then ; if now they should suffer with as great cheerfullnesse , for the smallest points as for the greatest heads , as they did then , who endured the flames as gallantly , for eating a goose upon friday , as others did for the doctrin of justification , or purgatory , or indulgences , or worshipping of images & saints ; if now they should speak for every truth in question , with all simplicity & plainness , without reserves or shifts declining a testimony , as they did ; if they should supersede from all applications to their enemies for savour , & not medle with either petitioning or bonding with them , as they did ; nay not accepting deliverance , that they might obtain a better resurrection : then they might expect the severe censure of ignorant & precise fools , as the most part who suffer now are counted . iii. that they stood aloof from every appearance of a base complyance with them ; not so much as to give them an interpretative sign of it , which in their meaning might be thought a recantation , though abstractly consideredit might be capable of a more favourable construction : as the required burning of their bill was ; which might have been thought a condemning of their accusations : but because that was not their adversaries sense of it , they durst not do it . not like many now a dayes , who will not be solicitous to consult that . neither would they take any of their oaths , nor pay any of their eccllesiastical exactions , as we find in the articles brought in against the lollards of kyle . knox hist. of reform . these things are easily complyed with now : and such as will suffer upon such things are condemned . iv. that while the love of god and his blessed truth , and the precepts , promise , & presence of our lord jesus christ , did enable them into all patience with joy , in a passive testimony , being by the call of a clear : necessary providence sent & sett forth to behis witnesses ; they did not indeed endeavour any resistence : yet we find they never resigned nor abandoned that first & most just priviledge of resistence ; nay , nor bringing publick beasts of prey to condigne punishment , in an extraordinary way of vindictive justice , for the murder of the saints . as , upon the murder of mr. george wishchard , was done with cardinal beaton , who was slain in the tower of st. andrews by iames melvin : who perceiving his consorts in the interprise moved with passion , withdrew them & said ; this work & judgment of god , although it be secret , ought to be done with greater gravity , and , presenting the point of the sword to the cardinal , said , repent thee of thy former wicked life , but especially of the shedding of the blood of that notable instrument of god , mr. george wishchard , which albeit the flame of fire consumed before men , yet it cryes for vengeance upon the● & we from god are sent to revenge it ; for here , before my god , i protest , that neither the hatred of thy person , the love of thy riches , nor the fear of any trouble thow couldst have d●me to me in particular , moved or moveth me to strike thee , but only because thow hast been & remainest an obstinate enemy against christ iesus , & his holy gospel . of which fact , the famous & faithful historian mr knox speaks very honorably , and was so far from condemning it , that while after the slaughter they kept out the castle , he with other godly men went to them & stayed with them , till they were together caryed captives to fr●nce . yet now such a fact , committed upon such another bloody & treacherous beast , the cardinal prelat of scotland , eight years agone , is generally condemned as horrid murther . v. however , tho in this dark period there be no noted instances of these witnesses resisting the superior powers , for reasons above hinted : yet in this period , we find many instances of noble & vertuous patriots , their not only resisting , but also revenging to the utmost of severity rigorous & raging tyrants . as may be seen in histories . for before the corruption of antichrist came to its hight , we find ferchardus i. the . k. was drawen to judgment against his will , great crimes were layd to his charge , & among others the pelagian heresie , & contempt of baptisme , for which he was cast into prison , where he killed himself ; anno . eugenius . the . king degenerating into wickednesse , & rejecting the admonitious of his friends & especially of the ministers , was killed in a convention of his nobles , with the consent of all , anno . donaldus . was imprisoned , where he killed himself , anno . ethus , surnamed alipes , the . king was apprehended , & his wicked life layd out befor the people , & then compelled to resigne the government , & dyed in prison , anno . afterwards when the government was transmitted to the stewarts , iames the . the . king , who killed william e. of douglas in the castle of sterling , most treacherously after he had pretended a civil treatment , was publickly defyed by the earles friends ; who took the kings publick writ & subscription made to the said earle , & tyed it to a horse tail , dragging it through the streets , & when they came to the mercat place they proclaimed both king & nobles perjured covenant-breakers : and thereafter when e. iames his brother , was desired to submit , he answered , he would never put himself in their reverence , who had no regard to shame , nor to the lawes of god or man , and who had so perfidiously & treacherously killed his brother & his cousins . iames . the . king for his treachery & tyranny was opposed & purswed by armes by his oun subjects ; who finding himself under disadvantages , sent to the rebells ( as he thought them & called them ) an offer of peace , & received this answer ; that seeing the king did nothing honestly , a certain war seemed better to them then a peace not to be trusted , that there was no other hope of agreement but one , that he should quite the government , otherwise it was to no purpose to trouble themselves with treaties . thereafter in a battel he was slain at bannockburn , by gray , ker , & borthwick . iames the . the . king was also constrained , by the valour of archibald douglas e. of angus called bell the cat ▪ to reforme the court , and put away some wicked sycophants from his counsel , and give way tho against his will to the execution of judgement upon others : which was the occasion of that foresaid agnomen to the earle . for , he with other nobles , in a meeting at lawder , consulting how to reform & repress the insolency of the court , had the apologue of the mice laid out before them ; that the mice ●ell upon deliberating how to be rid of the cat , & concluded the best way was to put a bell about her neck , but when it came to be put in execution , never a mouse durst undertake it : the earle quickly made application , saying , i will bell the cat ; & forthwith went out & meeting cochran , one of these wicked consellours , took hold of him , & hanged him with a horse halter over the bridge of lawder , & rushing in to the kings presence proceeded to snatch ramsey , another of the countreyes enemies , out of the kings armes , but that he yeelded at length to the kings earnest entreaties to spare him . however we see how generously zealous these noble patriots were for the countries good , against tyrannie , thô they were ignorant of religion : yet this all alongs was still the character of the scots in these dayes , none more terrible to tyrants , none more loyal to kings then they . period . iii. containing the testimonie of the reformation from poperie . as in the former the testimony was mostly passive , so in the following period , when they were increased in number & strength that embraced the gospel , the lord called & spirited to an active testimony , for these two twins , religion & liberty , that were then sought to be stifled in the birth , & are now designed more declaredly to be destroyed , after they have growen up to some maturity : which , as it renders the cruelty of the present destroyers the more grassant & grievous , so it rubs the more indeleble infamie , on the shamfull security & ass-like stupidity of this generation , that have received such an excellent testimony deposited to their trust , transmitted to them through a continued trāct of the witnessings & wrestlings of their worthy ancestors , and now let it slip & slide through their feeble fingers ; and does the more justify , yea magnify , the poor endeavours of the present sufferers , who at least , when they cannot react these mighty works in defending religion & liberty , do choose rather to die than to resign the testimony , or quite the least priviledge that their progenitors possessed them of : and though they be superciliously despised , as litle insignificant nothings , in the eyes of the bulk of the big boasters of this blind age ; yet , if these valiant heroes who did such exploits for their god , in commenceing & carying on the work of reformation , were now to see the dull dotages of this dreaming generation ( not only suffering & consenting to , but congratulating & applauding , the introduction & reestablishment of idolatry & tyranny , popery & slavery , upon the ruines of the work they built with so great expence . ) and were to read the pitiful petitions , and airy & empty , flattering & fauning addresses , to this antichristian tyrant , for the toleration of that religion & liberty , under the odious notion of a crime , which they had conveyed to them under the security of a fundamental law ; they , if any , would be acknowledged as their children , who disdain & disoune such dishonorable & dastardly yeeldings , and are therefore most despised with disdain & despight . a brief rehearsal of their contendings will clear the case . while the queen dowager regent reigned by the curse of god , and employed all her power & policy to suppress the gospel in scotland ; god so counteracted her , that the blood of the martyrs she caused to be murdered proved the seed of the church ; and the endeavours of his servants had such success , that no small part of the barons & gentlemen , as well as commons , began to abhor the tyranny of the bishops : yea men almost universally began to doubt , whether they could without sin give their bodily presence to the masse , or offer their children to the papistical baptisme ? whether these that were in any publick trust , could with safe conscience serve the higher powers , in maintaini●g of idolatry , persecuting their brethren , & suppressing christs truth ! or whether they might suffer their brethren to be murdered in their presence , without any declaration that such tyrannie displeased them ? and from the scriptures they were resolved , that a lively faith required a plain confession , when christs truth is impugned ; and that not only they be guilty that do evil , but also they that consent to evil , and this they should do , if seeing such things openly committed , they should be silent , and so allow whatsoever was done . from doubts they came to determinations , to endeavour that christ iesus his glorious gospel should be preached , his holy sacraments truely ministred , superstition , idolatry , & tyranny should be suppressed in this realme ; and that both as to the worship , discipline , & government , the reverend face of the first primitive & apostolick church should be reduced again to the eyes & knowledge of men . and in this they never fa●nted till the work was finished . to accomplis● this , famous and faithfull mr knox , and other servants of the lord , did preach diligently in private meetings . and for that , when they were summoned before the queen ; several zealous & bold men repaired to her , & plainly in the hearing of the prelats , did charge them with the cruel device intended , & told her with a vow , they should make a day of it , because they oppressed them & their tennents , for feeding of their idle bellies , they troubled the preachers , and would murder all ; should they suffer this any longer ? no , it should not be . thereafter , the more effectually to prosecute the reformation begun , they entered into covenants , to maintain & advance that work of reformation , and to stand to the desence thereof ; and of one another , against all wicked power , that might intend tyranny or trouble against them , and to resent any injury done to any of their brerhren , upon the account of the common cause , as done to all . of which covenants they entered into many very solemnly : one was at edinburgh anno . another at perth , . another at sterling . binding , that none should have any correspondence with the queen , without notifieing it to one another , and that nothing should proceed therein , without common consent of them all . another at leith , anno . another at air , anno . of the same tenor . by which covenants , as their conjunction was the more firme among themselves , so was it the more fearful to their adversaries ; when according to the tenor of them they kept their conventions , & held counsells with such gravity & clossness , that the enemies trembled . i mention these things more particularly , because these same very things commended in our fathers , are now condemned in a poor handful , that wo●ld aim at imitating their example , in renewing & reiterating such covenants of the same nature & tenor , & binding to the same very duties , and prosecute in the same methods of keeping general meetings for correspondence , & consultation about common mutual duties in common danger ; whereunto they have not only present necessity to urge them , but also preterite examples of these worthies to encourage them , and their experience of comfort & tranquillity they reaped , by these christian assemblies & godly conferences , as ost as any danger appeared to any member or members of their body . these beginings the zealous covenanted reformers left no means unessayed to promote , by protestations to the parliament , & petitions , & many reiterated addresses to the queen dowager : from whom they received many renewed fair promises ; which she had never mind to keep , and wanted not the impudence , when challenged for breaking them , to declare , it becomes not subjects to burthen their princes with promises , further then it pleased them to keep the same : and at another time , that she was bound to keep no faith to hereticks : and again , that princes must not be strictly bound to keep their promises ; and that her self would make litle conscience to take from all that sort their lives & inheritance , if she might do it with an honest excuse . wherein she spoke not only the venome of her oun heart , but the very soul & sense , principle & project , of all popish princes : whereby we may see what security we have for religion & liberty this day , though the most part make such a pretence a pillow to sleep on . but after many discoveries in this kind of the queens treachery , at length they would no more be bribed by promises , blinded by pretences , nor boasted by her proclamations , ( slandering their interprise , as if it pertained nothing to religion ) from their endeavours to prosecute the same : but finding themselves compelled to take the sword of just defence , against all that should persue them for the matter of religion , they first signified unto her ; that they would notifie to the king of france ; & all christian princes , that her cruel unjust & most tyrannieal murther intended against touns & mnltitudes , was & is the only cause of their revolt from their accustomed obedience , which they ouned & promised to their soveraign ; provided they might live in peace & liberty , and enjoy christs gospel , without which they firmly purpose never to be subject to mortal man ; and that better it were to expose their bodies to a thousand deaths , than to deny christ ; which thing not only do they , who commit open idolatry , but also all such , as , seeing their brethren purswed for the cause of religion , and haveing sufficient means to comfort & assist them , do nevertheless withdraw from them their dutiful support . and thereafter , they published a declaration to the generation of antichrist , the pestilent prelats , & their shavelings within scotland . that they should not be abused , thinking to escape just punishment , after that they in their blind fury had caused the blood of many to be shed , but if they proceeded in this their malicious cruelty , they should be dealt with all , wheresoever they should be apprehended , as murderers , & open enemies to god & to mankind . and that with the same measure they had measured , & intended to measure to others , it should be measured to them — that is , they should , with all force & power they had , execute just vengeance & punishment upon them ; yea begin that same war which god commandeth israel to execute against the canaanites , that is , contract of peace should never be made , till they desist from their open idolatry & cruel persecution of gods children . i rehearse this declaration the more expresly , because in our day declarations of this stile & strain , and aiming at the same scope , is hideously hissed & houted at as unheard of novelties . finally , when by all their letters , warnings , admonitions & protestations , they could obtain no redress , but rather an increase of insupportable violence ; they proponed the question in a general meeting : whether she , whose pretences threatened the bondage of the whole commonwealth , ought to be suffered so tyrannically to domineer over them ? unto which the ministers , being required to give their judgment , answered , that she ought not . and accordingly they declared her deposed , from all government over them ; because of her persecuting the professors of the true religion , and oppressing the liberties of the true lieges , never being called nor convinced of any crime ; because of her intrusion of magistrats against all order of election ; because of her bringing in strangers to suppress the liberty of the countrey , and placing them in greatest offices of credite , because of her altering and subverting the old laws of the realme &c. which i mention , because hence we may see what things our fathers judged , did dissolve the relation between the people & their rulers : and when applyed to our case , will justify their reasons that have renounced the present tyranny : this was done at edinburgh , anno . and thereafter , while they vindicated themselves , & went on with the work of reformation , throwing doun all monuments of idolatry , & propogateing the reformed religion ; god so blessed their endeavours that their confession of faith , and all articles of the protestant religion , was read & ratified by the three estates of parliament , at edinburgh iulij . and the same year the book of discipline , containing the forme & order of presbyterial government , was subscribed by a great part of the nobility . thus through the wisdom & power of god alone , even by the weaknesse of very mean instr●ments , against the rage & fury of the devil , and of all the powers of hell , was this work of reformation advanced & effectuated ; and came to the establishment of a law , which did not only ratifie & confirme the p●ote●●ant religion , but abolish antichristian popery , and appoint punishment for the professors & promoters thereof . which law , often confirmed & ratified afterwards , though it be now cassed & rescinded by the prerogative of the present tyrant , because it anulls & invalidates his pretence to succession in the government ( it being expressly enacted afterwards , by a parliament at edinburgh . confirming this , that all princes & kings hereafter before their coronation shall take oath to maintain the true religion then professed , & suppress all things contrary to it ) yet is still in force in the hearts of all honest men , that will not prostitute religion , law , & liberty to the lusts of tyrants ; and will be accounted a better bottom to build the hope of enjoying religion upon , than the perfidious promises of a popish usurper , pretending a liberty to dissenting protestants , by takeing away the penal statuts , the legal bulwark against popery : all which yet , to the reproach of all protestants , some are applauding & congratulating in this time by their addresses & petitions , to this destroyer of law & religion . i wish they would look back to see what the building of this bulwark cost our fathers , before they sell it at such a rate : and compare the present addresses , courting & carressing the papists , with the addresses of these worthy builders of what they are destroying . there is one dated edinb . may. . . presented to the council , shewing , that honesty craved them ; and conscience moved them , to make the secrets of their heart patent , which was ; that , before ever these tyrants & dumb dogs empire over them professing christ jesus within this realme , they were fully determined , to hazard life , and whatsoever they had received . of god in temporal things — and let these enemies of god assure themselves , that if their counsell put not order unto them , that they should shortly take such order , that they shall neither be able to do what they list , neither yet to live upon the sweat of the browes of such as are no debters to them . and when the mischievous mary , the daughter of the degraded queen , returning from france , set up the mass but in her oun family ; the godly at that time gave plain signification , that they could not abide that the land which god by his power had purged from idolatry , should in their eyes be polluted again . shall that idol ( say they ) be suffered again to take place within this realme : it shall not . the idolatrous priests should die the death according to gods law. and a proclamation being issued to protect the queens domestick servants , that were papists ; there was a protestation given forth presently , that if any of her servants shall commit idolatry , say mass , participate therewith , or take the defence thereof , in that case this proclamation was not extended to them in that behalf , nor to be a safeguard to them in that behalf , no more then if they commit murther . seeing the one is much more abominable in the sight of god then the other . but that it may be lawful to inflict upon them , the pains contained in gods word , against idolaters , wherever they may be apprehended without favour . the words of iohn knox upon the folowing sabbath may be added . that one masse was more fear●ul unto him then if ten thousand armed enemies , were landed in any part of the realme , of purpose to suppress the whole religion : for ( said he ) in our god there is strength to resist & confound multitudes , if we unfeignedly depend upon him ; but when we joine hands with idolatry , it is no doubt , but both gods amiable presence & comfortable defence , will leave us and what shall then become of us ? yea when it was voted in the general assembly , whether they might take the queens mass from her ? many frankly affirmed ; that as the mass is abominable , so it is just & right , that it should be suppressed : and that in so doing , men did no more hurt to the queens majestie , than they that should by force take from her a poisoned cup , when she were going to drink it . thus we have some specimen of the zeal of our fathers against idolatry . but in a litle time , court favours blunted it in many . and then had the servants of god a double battel , fighting or the one hand against idolatrie , and the rest of the abominations maintained by the court. and upon the other hand , against the unfaithfullness of false brethren , and treachery of sycophants , who informed the court against the ministers for their free & faithful preaching and warning on all occasions ; yet they sustained the brunt of all these assaults , and came off with honour . at length to be short , in process of time , this mary a woman of a proud & crafty wit , and an indured heart against god & his truth , insisted in the same steps of tyranny & treachery ( but with greater aggravations ) that her mother walked in , and was served according to her desert . for after that her darling davie rizio , the italian fidler ( whom most men then supposed , and do still suspect , to be the father of king iames , this mans grandfather ; and some do think it not unlikly that his successors have derived from this stock the italian complexion & constitution , both of body & mind , spare & swarthy , cruel & crafty ) received his ●ue rewards in her presence , by the kings consent & counsel : she conceived such contempt of & indignation against the poor uxorious young king , henry of darnely ; that she never rested , till she & bothwel contrived & executed his murther . and then she married that murdering adulterer , the said earle of bothwel . whereupon the protestant noblemen pursueing the murther , took her & sent her prisoner to lochlevin ; where they made her resigne the government to her son iames , then an infant . and afterwards she was beheaded by elizabeth queen of england . we see now by this deduction what was the testimony of this period , and how in many things it confirmes the heads of the present sufferings , which we may particularly remark . i. the reformation of scotland had this common with all other protestant churches , that it was carried on by resisting the opposing powers : but it had this peculiar advantage above all , that at once & from the begining , both doctrine & worship , discipline & government , were reformed : as mr. knox witnesseth , that there was no realme upon the face of the earth at that time that had religion in greater purity . yea , sayes he , we must speak the truth whomsoever we offend , there is no realme that hath the like purity ; for all others , how sincere soever the doctrine be , retain in their churches and the ministery thereof some footsteps of antichrist & dregs of popery , but we ( praise to god alone ) have nothing in our churches that ever flowed from that man of sin. the doctrine was purely reformed , according to the rule of christ , both as to matter & manner of delivery . as to the matter of it , what it was , the confession of faith ratified in parliament anno . doth witness . in the manner of it , they studyed not the smooth & pâkie prudence that is now so much applauded , for not observeing which , such as would fain be honest in this duty , are so much condemned ; but they cryed aloud against & did not spare the sins of the time , with application to every degree of men : as we have it published & vindicated in mr. knox his history . they cryed that the same god who plagued pharaoh , repulsed sennacherib , struck herod with wormes , and made the bellies of dogs the grave & sepulcher of the spiteful iezabel , will not spare misled princes , who authorise the murtherers of christs members in this our time : many now a dayes will have no other religion than the qween ; the queen , no other than the cardinal ; the cardinal , no other than the pope ; the pope , no other than the devil : let men therefore consider what danger they stand in , if their salvation shall depend upon the queens faith . and they used to defend such manner of free dealing , from the examples of the prophets reproving kings personally : now if the like & greater corruptions be in the world this day , who dare interprise , to put to silence the spirit of god , whih will not be subject to the apetites of misled princes . mr. knox his defence befor the queen , when rebuked for speaking of her mariage in the pulpit , was : the evangel , sayth he , hath two points , repentance & faith ; in preaching repentance , of necessity it is that the sins of men be noted , that they way know wherein they offend . and in his dispate with lithingtoun , requiring where any of the prophets did so use kings & rulers ; he gave the example of elias . reproveing achab & iezebel , that dogs shall lick the blood of achab and eat the flesh of jezebel ; which was not whispered in their ears , but so as the people understood : well enough , for so witnessed iehu after the accomplishment ; elizeiu reproved iehoram , saying , what have i to do with thee , if it were not for jehoshaphat , i would not have looked toward thee ; though a subject yet he gave litle reverence to the king. these were their arguments for faithfullness then which are now exploded with contempt . their worship was also reformed from all dregs of popery , & fopperies of humane ceremonies , retained in many other churches ; especially in england . to whose bishops , in queen elizabeths time , the assembly wrote ; that if surplice ▪ corner cap , tippet &c. have been the badges of idolaters in the very act of idolatry , what have preachers to do with the dregs of that romish beast ? yea what is he that ought not to fear to take , either in his hand or fore head , the mark of that odious beast ? — we think yow should boldly oppose your selves to all power , that will dare extoll it self against god , and against all such as do burden the conscience of the faithful , further then god hath burdened them by his oun word . the disclpline & government was from the begining presbyterial , even before the establishment ; both in practice , among the persecuted ministers who kept their private meetings : and in their doctrine , this was one of mr knox's articles , he sustained at st andrews , upon his first entry unto the ministery , art. s. there is no bishop except he preach even by himself wiihout any substitute . but so soon as they attained any settlement , they assembled in their first national synod , anno . by vertue of that intrinsick power , granted by the lord to his church ; nor did they so much as petition for the indulgence of the then authority ; but upon christs warrant , they kept & held their courts in the name of the lord jesus christ only , and in his sole authority , by direction of his word & spirit , concluded all their counsels , votes , & acts. and as they knew nothing of an exotick supremacy , so they put out & held out prelacy , and kept a perfect parity ; which was nothing infringed by the extraordinary imployments & commissions delegated to some superintendents , upon the account of the particular exigence of these times . ii. next we find in the practice of these renouned reformers , many demonstrations of pure zeal , worthy of all imitation : which i remark the rather , because poor sufferers that would now imitate it , are condemned as blind & ignorant zelots . but why are not the reformers condemned for the same things ? we find in the first place , that they were so far from complying with , or conniving at , or countenancing publick sins , that they could not contain themselves from declaring their detestation of the sight of them : yea the very boyes did abominate it , as at the reformation of st iohnstoun , a boy cryed with a bold voice , this is intolerable , that when god by his word hath plainly condemned idolatry , we shall stand & see it used in despight . whereupon he & others throw doun all the monuments of idolatry in the place . but if now any should enterprise such a thing , when the idol of the masse is set up in every city , they might expect ierubbaals censure of the abiezrites ; th● it is true they might have the same encouragement , because they have the same command as he had , to wit , the perpetual precept of throwing doun idolatrous altars . next they were so far from complying with the enemies , in keeping the peace with them , that they thought it a great sin not to oppose them , when their brethren were forced to take the sword of self defence , being perswaded by these arguments : that by their fainting & abstracting their support , the enemies would be encouraged ; and thereby they should declare themselves both traitors to the truth once professed , and murderers of their brethren , whom their presence & concurrence might preserve ; and that if they should deny their brethren suffering for his names sake , they should also deny christ , and be denyed of him ; and that god hath often punished subjects with their princes , for winking at and not resisting their manifest iniquity ; and therefore , as he is immutable in nature , so would he not pardon them in that which he hath punished in others &c. which arguments prevailed with the noble earle of glencarn , in zeal to burst forth in these words — albeit never man should accompany me , yet i will go to my brethren , and if it were but a pike upon my shoulder , i had rather die with that company then live after them . but now professors cannot only sit at home in their shops & ceiled houses , when the lords people are pursued & murdered in the fields , but also can hire their murderers , & strengthen their hands , by paying them cesses & localities , and what they require for help to do their work , and maintaining them in their iniquity . which famous mr knox disproveth very much in his day ; arguing that if people thought they were innocent , because they were not the actors of such iniquity , they were utterly deceived ; for god doth not only punish the chief offenders , but the consenters to such iniquity , and all are judged to consent , who give not testimony against it ; as the rulers & bishops are criminal of all the innocent blood , that 's shed for the testimony of christs truth , so are all who assist & maintain them in their blind rage , and give no declaration that their tyranny displeaseth them ; this doctrine is strange to the blind world , but the verity of it hath been declared in all notable punishments from the begining ; when the old world was destroyed by water , sodom & jerusalem were destroyed , were all alike wicked ? yet all perished ; why ? all kept silence , or did not resist , by which al● approved iniquity , and joined hands with the tyrants , as it had been in one battel against the omnipotent . which words if impartially applyed , will condemn & confute the dull daubings of the present complyances , in maintaining tyrants & their emissaries , by emoluments which they require & exact , and that professedly , for promoting their accursed projects ; and will justify consciencious sufferers , for refuseing to pay these impositions . and this will the more appear , if we adde some more of his pithie expressions in the same place , clearing the subject he is upon , and answering an objection , what poor people might do , when compelled to give obedience to all their rulers demanded ? ye may saith that author , without sedition withhold the fruits & profits , which your false bishops & clergy most unjustly received of yow : upon which he subjoins the preceeding arguments . yet now a dayes these have no weight , but such as refuse either to pay oppressors exactions , or curats stipends , are condemned for giddy fools . again we find , that when they were challenged for duty , they would never decline a declaration of its righteousness , nor do any thing directly or indirectly which might seem a condemning of it . and therefore they wold receive no pardons for these things which they could not confess to be offences . iohn knox , challenged for offending the queen , had her promise , that if he would confess an offence , his greatest punishment should be , but to go within the castle of edinburgh , and immediatly to return to his own house ; he refused absolutely . but now , if our pardon-mongers & prudent men had been so circumstantiate , surely they could have helped themselves with their distinctions , they might confess & be pardoned for offending the queen , thô not confess it to be a fault in their conscience : but mr knox had not learned that then . when they were pursuing the murder of king henry of darnely , the queen finding her self not strong enough , offers to forgive & pardon that insurection : the earle of morton , in name of all the rest , did not only refuse a cessation , but told her they would not ask a pardon . but now sufferers , for refusing of these base & unmanly aswell as unchristian complyances , are much condemned . finally , because this strictness , especially in their severity against their enemies , may be accused of iewish rigidity , inconsistent with a gospel spirit of lenity ; which also is imputed to the much condemned sufferers of scotland at this time , for their testimonies against toleration & liberty of conscience : let us hear what knox sayes ; whatsoever god required of the civil magistrate in israel or juda , concerning the observation of true religion during the time of the law , the same doth he require of lawful magistrates , professing christ jesus , in the time of the gospel : and cites a large testimony out of augustine to this purpose . and afterward objecting to himself the practice of the apostles , who did not punish the idolatrous gentiles ; he answers , that the gentiles , being never avowed to be gods people before , had never received his law , and therefore were not to be punished according to the rigor of it , to which they were never subject , being strangers from the commonwealth of israel ; but if any think , after the gentiles were received in the number of abrahams children , and so made one people with the jewes beleeving , then ●hey were not bound to the same obedience of israels covenant , the same seems to make christ inferior to moses , and contrare to the law of his heavenly father ; for if the contempt and transgression of moses's law was worthy of death , what judge we the contempt of christs ordinance to be ? and if christ be not come to dissolve , but to fulfill the law of his heavenly father , shall the liberty of his gospel be an occasion that the special glory of his father be troden under foot , and regarded of no man ? god forbid ; and therefore i fear not to affirme , that the gentiles be bound by the same covenant that god made with his people israel , in these words ; beware that thou make not any covenant with the inhabitants of the land but thou shalt destroy their altars &c. when therefore the lord puteth the sword in the hand of a people , they are no less bound to purge their cities & countreyes from idolatrie , then were the israelites , what time they received the possession of the land of canaan . iii. for the head of resistence of superior powers , we have no clearer instances in any period then in this , where of the above mentioned hints give some account , to which in their sentiments & arguments may be here subjoined . they prised and improved this principle so much , that they put it in their confession of faith art. . to save the life of innocents , to repress tyranny , to defend the oppressed , are among the good works of the second table , which are most pleasing & acceptable to god , as these works are commanded by himself ; and to suffer innocent blood to be ●hed if we may withstand it , is affirmed to be sin , by which gods hot displeasure is kindled against the proud & unthankful world . and if there were no more to render the late . test of scotland detestable , that condemns all resistence of kings upon any pretence whatsoever , this may make all christians & all men abhor the contrivance of it ; that that same test that confirms this thesis , doth also impose the antithesis upon conscience . it obliges to this confession in the first part of it , and to deny it in the latter . but no wonder , that men of feared consciences can receive any thing , thô never so contradictory to it self ; and that men who deny sense and that principle irradicated in humane nature , may also deny conscience , & make a fool of it in sowdering contradictories . but not only did our reformers assert this truth for which now their children adhering to their testimony suffer both rage and reproach , but also gave their reasons for it . as ( ) mr knox , in his first conference with the queen , argues thus : there is neither greater honour nor obedience to be given to princes than parents ; but so it is that the father may be stricken with a phrensie , in the which he would slay his oun children ; now if the children arise , take his weapon from him , bind his hands , do the children any wrong ? it is even so with princes , that would murder the children of god subject to them , their blind zeal is nothing but a very mad phrensie ; and therefore to take the sword from them , and cast them into prison till they be brought to a more sober mind , is no disobedience against princes . ( ) in his conference with lithingtoun , he proves the same point , from the consideration of the justice of god , punishing the people for not resisting the prince . the scripture of god teacheth me ( saith he ) ierusalem & iuda were punished for the sins of manassoh ; if you alledge they were punished because they were wicked , and not because the king was wicked , the scripture sayes expressly , for the sins of manasseh ; yet will i not absolve the people , i will grant the whole people offended with their king , but how ? to affirme that all iuda committee the acts of his impiety , hath no certainty ; who can think , that all ierusalem should turn idolaters immediatly after hezekias notable reformation ? one part therefore willingly followed him in his idolatry , the other suffered him , & so were criminal of his sin , even as scotland is guilty of the queens idolatry this day . in the same discourse he makes it plain , that all are guilty of innocents murder who do not oppose it , from ieremies words in his defence before the princes — know ye for certain if ye put me to death ye shall surely bring innocent blood upon your selves and upon the city and upon the inhabitants thereof ; now if the princes & the whole people should have been guilty of the prophets blood , how shall others be judged innocent before god , if they suffer the blood of innocents to be shed when they may save it ? ( ) ibid. he argues from the distinction between the person placed in authority , and the ordinance of god , the one may be resisted the other cannot . the plain words of the apostle makes the difference : the ordinance is of god , for preservation of mankind , punishment o●vice , which is holy & constant ; persons commonly are profane & unjust : he that resisteth the power there , is only meant of the just power wherewith god hath armed his magistrats , which who so resists , resists gods or●inance ; but if men in the fear of god , oppose themselves to the fury of princes , they then resist not god , but the devil who abuses the sword & authority of god : it is evident the people resisted saul , when he had sworn ionathan should dye , whom they delivered : the spirit of god accuses them not of any crime , but praises them & condemns the king : this same saul again commanded the priests of the lord to be slain , his guard would not obey , but doeg put the kings cruelty in execution ; i will not ask , whether the kings servants not obeying resisted the ordinance of god , or whether doeg murthering gave obedience to just authority ? the spirit of god condemns that fact psal. . that god would not only punish the commander , but also the merciless executer ; therefore they who gainstood his command , resisted not the ordinance of god. ( ) . ibid. he argues from examples , not only of resisting but of punishing tyrants : chiefly the example of uzziah is pertinent to this purpose , chon . . who after his usurping the priests office , was put out of the temple . when it was replyed , that they were the priests that with stood the king , not simple people : he answered , the priests were subjects , as ab●athar was deposed by solomon &c. yet they made him go out of the temple for his leprosie , and the people put him from the kingdom . it is noted also that mr knox , in that discourse , adduces examples of those , who use to be brought in as objections against defensive armes , even the primitive christians , before that passage last cited : what precepts , sayes he , the apostles gave , i will not affirme ; but i find two things the faithful did , the one was they assisted their preachers even against the rulers , the other was they suppressed idolatrie wheresoever god gave unto them force , asking no leave of the emperour nor of his deputies : read the ecclesiastical histories , and ye shall find examples sufficient . iv. in the next place we may inquire into the judgment of these reformers , concerning that question that is now so pusling to many ; which indeed was never started before this time as a head of suffering , but now , when it is started , we may gather from our ancestors actings & determinations about it , how it ought to be answered . they were indeed in capacity , and accordingly did improve it , for disouning the authority of both the queens : but their capacity was not the thing that made it duty , if it had not been so before . capacity makes a thing possible , but not lawful : it does indeed make a duty seasonable , and clears the call to it , and regulates the timing of affirmative duties , but the want of it can never dispense with negative precepts : and a duty , negative especially , may become necessary , when it hath not the advantage of seasonableness or capacity ; certainly it were duty to depose ●he pope from his usurped authority , and to disoune it even in rome it self , but there it would not be thought very feasible or seasonable , for twenty or thirty people to avouch such a thing there , yet at all times it is a duty never to oune it . it is thought unseasonable & unfeasable to disoune the tyrants authority , but it is made necessary , when u●ged never to oune it . and for this we have the grounds of our ancestors , shewing who may be disouned , and must not be ouned . i shall first insert here john knox his propositions , prosecuted in his second blast , extant at the end of anton. gilbies admonition to england & scotland . . it is not birth only nor propinquity of bloodh that maketh , a king lawfully to reign over a people , professing christ iesus and his eternal verity , but in his election , the ordinance which god hath established in the election of inferior judges , must be observed . . no manifest idolater , nor notorious transgressor of gods holy precepts , ought to be promo●ed to any publick regiment , honour , or dignity , in any realme , province , or citie , that hath subjected themselves to christ iesus and his blessed evangel . . neither can oath , or promise , bind any such people to obey & maintain tyrants , against god and his truth known . . b●t if rashly they have promoted any manifest wicked person , or yet ignorantly have chosen such an one , as after declareth himself unworthy of regiment , above the people of god ( and such be all idolaters & cruel presecuters ) most justly may the same men depose & punish him , that unadvisedly before they did nominate , appoint , & elect . accordingly this was done in deposing both the queens : wich is fully vindicated by the earle of morton , in his discourse to the queen of england , as buchanan relates it , lib. . pag. . the deed it self , neither the custom of our ancestors of taking a course with their governour , will suffer it to be accounted new , nor the moderation of the punishment to be odious : for it were not needful to recount so many kings punished by death , bonds , & exile by our progenitors . for the scotish nation , being from the begining alwise free , hath created kings upon these conditions , that the government entrusted to them by the peoples suffrages , might be also ( if the matter required ) removed by the same suffrages : of which law there are many footsteps remaining even to our day ; for both in the isles about , and in many places of the continent , in which the old language & institutions have any abode , this custom is kept , in creating their governours of clanns : and the ceremonies , used at the entering into government , do yet retain the express representation of this law. whence it is evident , that the government is nothing else but a mutual stipulation between kings & people : which further appears , from the inviolated tenor of the ancient law , since the begining of the scotish government , reserved even unto our memory , without the least essay either to abrogate it , or disable , or diminish it . yea even when our fathers have deposed , banished , & more severely punished so many kings , yet never was any mention or motion made , of relaxing the rigor of that law : and not without reason , seeing it was not of that kind of constitutions , that change with the times , but of those which are engraven in the minds of men from the first original , and approved by the mutual consent of all nations , and by natures sanction continued inviolable and perpetual , which being subject to no other lawes do command & rule all . this , which in every action doth offer it self to our eyes & minds , and whether we will or not abides in our breasts , our predecessors followed ; being alwayes armed against violence , and ready to suppress tyrants — and now for the present , what have we done , but insisting in the footsteps of so many kingdoms & free nations , suppressed tyrannical licentiousness , extolling it self above all order of laws , not indeed so severely as our predicessors in like cases ; if we had imitated them , not only wold we have been far from all fear of danger , but also have escaped the trouble of calumnies — what would our adversaries be at ? is it that we should arm with authority tyrants convicted of grievous crimes , maintained by the spoils of the subjects , having hands embrued in royal blood , and hearts gaping for the oppression of all good men ? and shall we put them upon our head , who are infamously suspected of parricide , both projected & perpetrated ? to which we may adde , a forreign conclusion indeed , but adduced & maintained by mr craig , in the assembly anno . which had been determined by learned men in bononia , principes omnes , tam supremi quam inferiores , possunt & debent reformari , vel deponi per cos per quos eriguntur , confirmantur , vel admittuntur ad officium , quoties a side praestita subditis per juramentum desiciant , quoniam relatio juramenti subditorum & principum mutua est , & utrinque aequo jure servanda & resormanda , juxta legem & conditionem juramenti ab utraque parte sacti . that is , all rulers be they supreme or inferior , may & ought to be reformed , or bridled ( to speak moderatly ) by them by whom they are chosen , confirmed , or admitted to their office , so oft as they break that promise made by oath to their subjects , because that the prince is no less bound by oath to their subjects , then are the subjects to their princes , and therefor ought it to be kept & reformed equally , according to law & condition of the oath that is made of either party . by comparing which two testimonyes together , we may see the reasons , why neither of the two royal brothers , that have ruled in our day , could be conscienciously ouned as magistrates , in the case they have been in for several years past : the first testimony is for the second ▪ brother , the latter is for he first that 's gone . but as for mr knox his opinion , it is evident he had written a● a book against the government of women : which though he did not intend it particularly against mary of scotland , yet ▪ it did invalidate her authority as well as other womens . this book he ounes and maintains , in his first conference with her , and consequently could not oune her authority as of the lord , though he gave her common respect , as the title of majestie &c. yet when he was particularly urged by the queens question , yow think , said she , that i have no just authority ; he would not answer in the affirmative , but shifted it , by telling her ; that learned men in all ages , have had their judgment free , and most commonly disagreeing from the common judgment of the world . and tho , he sayes , he could live under her government ( so may & would the greatest disouners of tyranny , if they be not troubled with questions about ovvneing it ) yet he affirms that with the testimony of a good conscience , he had communicate his judgment to the world , and that if the realme found no inconveniences in her government , he would no further disallow than within his oun breast . certainly then in his conscience he did not & could not oune her , as the magistrate of god ; and that thô many things which before were holden stable , had been called in doubt , yet neither protestant nor papist could prove , that any such question was at any time moved in publick or private , neither could ever such a question be moved , if the conscience were not posed , and then when it must speak , it must of necessity be unpleasant to tyrants . thus we have heard both the positions & scruples of this witness , let us also hear his arguings that people may punish princes for their idolatry & murther &c. and therefore much more may disoune them : and therefore again much more may they forbear to oune them , when called ; for can a dead man by law be ouned to be a magistrate , & custos of the law. idolatry ( sayth he in his conference with lithington ) ought not only to be suppressed , but the idolater ought to die the death : but by whom ? by the people of god , for the commandment was given to israel ; yea a command , that if it be heard that idolatry is committed in any one city , that then the whole body of the people arise and destroy that city , sparing neither man woman nor child . but shall the king also be punished ? if he be an idolater , i find no priviledge granted unto kings more then unto people , to offend gods majestie . but the people may not be judges to their king. — god is the universal judge ; so that what his word commands to be punished in the one , is not to be absolved in the other ; and that the people , yea or a part of the people , may not execute gods judgments against their king being an offender , i am sure you have no other warrant , except your own imaginations , and the opinion of such as more fear to offend their princes than god. in the same conference we have the instance of iehu adduced to prove that subjects may execute gods judgments upon their princes . it was objected , iehu was a king before he executed judgment upon ahabs house , and the fact was extraordinary , and not to be imitated . he answered , he was a meer subject ; no doubt iezabel both thought & said he was a traitor , and so did many others in israel & samaria . and whereas it was said , that the fact was extraordinary ; i say , it had the ground of gods ordinary judgment , which commandeth the idolater to die the death ; and ●herefore i yet again affirme , it is to be imitated of all those that prefer the true honour of the true worship & glory of god to the affection of flesh & wicked princes . we are not bound , said lithingtoun to follow extraordinary examples , unless we have the like comman●ment & assurance . i grant , said the other , if the example repugne to the law , but where the example aggrees with the law , & is as it were the execution of gods judgment expressed within the same , i say that the example approved of god stands to us in place of a commandment ; for as god in his nature is constant & immutable , so cannot he condemne in the ages subsequent that which he hath approved in his servants before us . then he brings another argument from amaziah who fled to lachish , but the people sent thither and flew him there . lethingtoun doubted , whether they did well or not : ●e answered , where i find execution according to gods law , and god himself not accuse the doers , i dare not doubt of the equity of their cause : and it appears . god gave them sufficient evidence of his approving the fact , for he blessed them with peace and prosperity . but prosperity does not alwise prove that god approves the fact : yes , when the acts of men agree with the law , and are rewarded according to the promise in that law , then the prosperity succeeding the fact is a most infallible assurance that god hath approved it ; but so it is , that there is a promise of lengthening out prosperity to them that destroy idolatry . and again , concluding uzziahs example , he sayes there , the people ought to execute gods law , even against their princes , when that their open crimes by gods law deserve punishment , especially when they are such as may infect the rest of the multitude . v. there is another thing for which people have suffered much in our day of blasphemy rebuke & trouble , which yet we find was not so odious in our reformers eyes as this dull & degenerate age would represent it . that in some cases it is lawfull & laudable for private persons , touched with the zeal of god & love to their countrey , & respect to justice trampled upon by tyrants , to put forth their hand to execute righteous judgment upon the enemies of god & mankind , intollerable traitors , murderers , idolaters ; when the ruine of the countrey , destruction of religion & liberty , and the wrath of god is threatened , in & for the impunity of that vermin of villains , and may be averted by their destruction , always supposed , that these whose office it is to do it decline their duty . the mind of our reformers as to this is manifest , both in their practice & opinion . we heard before of the slaughter of cardinal beaton , and of the fidler rizio : we shall find both commended by mr knox , giving account how these that were caryed captives to france for this cause from st andrews were delivered . this ( saith he ) we write , to let the posterity to come to understand , how potently god wrought in preserving & delivering of those , that had but a small knowledge of his truth , and for the love of the same hazarded all ; that if we in our days , or our posterity that shall follow , shall see a dispersion of such as oppose themselves to impiety , or take upon them to punish the same otherwise then laws of men will permit , if such shall be left of men , yea as it were despised & punished of god : yet let us not damn the persons that punish vice ( and that for just cause ) nor ye● despair , but that the same god that dejects will raise up again the persons dejected , to his glory and their comfort : and to let the world understand in plain termes what we mean ; that great abuser of this commonwealth , that pultron & vile knave davio was justly punished march . . by the counsel & hands of iames douglas earle of mortoun , patrick lord lindsay &c : who for the●r just act , and most worthy of all praise , are now unworthily left of all their brethren . this is not only commended by the author alone , but we find it concluded by all the brethren at that time , when the queen brought in the idol of the masse again , and the proud papists began to avow it : then let it be marked that , the brethren universally offended , and espying that the queen by proclamation did but delude them , determined to put to their own hands , and to punish for example of others ; and so some priests in the west land were apprehended , intimation was made to others , as to the abbot of cosragnel , the parson of sanquhar , and such , that they should neither complain to the queen nor council , but should execute the punishment that god has appointed to idolaters in his law , by such means as they might , wherever they should be apprehended . upon this the queen sent for mr knox , and dealt with him earnestly , that he would be the instrument to perswade the people not to put hand to punish . he perceiving her craft , willed her maj. to punish malefactors according to law , and he durst promise quietness , upon the part of all them that professed christ within scotland , but if her maj. thought to delude the laws , he feared some would let the papists understand , that without punishment they should not be suffered so manifestly to offend gods majestie . will ye ( quoth she ) allow they shall take my sword in their hand ? the sword of justice ( said he ) madam is gods , and is given to princes & rulers for one end ; which if they transgress , sparing the wicked & oppressing the innocents , they that in the fear of god execute judgment , where god hath commanded , offend not god , although kings do it not : the examples are evident , for samuel spared not to slay agag the fat & delicate king of amalek , whom king saul had saved ; neither spared elias iezabels false prophets , & baals priests , albeit that king ahab was present ; phineas was no magistrate , and yet feared he not to strike zimri & cozbi in the very act of filthy fornication : and so madam your maj. may see that others then magistrates may lawfully punish , & have punished the vice & crimes that god commands to be punished . he proved it also at more length in his appellation , from deut. . if thy brother solicite thee secretly saying , let us go serve other gods , consent not to him , let not thine eye spare him 〈…〉 him ; let thy hand be first upon him , and afterward the hand of the whole people . of these words of moses , two things appertaining to our purpose are to be noted : the first is , that such as solicitate only to idolatrie ought to be punished to death , without favour or respect of person ; for he that will not suffer man to spare his son , wife , &c. will not wink at the idolatry of others , of what state or condition soever they be : it is not unknown that the prophets had revelations of god , which were not common to the people ; now if any man might have claimed any priviledge from the rigor of the law , or might have justified his fact , it should have been the prophet , but god commands , that the prophet that shall so solicitate the people to serve strange gods , shall dye the death , notwithstanding that he alleadge for himself dream , vision , or revelation , because he teacheth apostacy from god : hereby it may be seen , that none provoking the people to idolatry ought to be exempted from the punishment of death . evident it is that no state , condition , nor honour can exempt the idolater from the hands of god , when he shall call him to an account : how shall it then excuse the people , that they , according to gods command , punish not to death such as shall solicitate or violently draw the people to idolatrie ? the second , is that the punishment of such crimes , as idolatrie , blasphemy , & others that touch the majestie of god , doth not appertain to kings & chief rulers only , but also to the whole body of the people , and to every member of the same , according to the vocation of every man , and according to that possibility & occasion which god doth minister , to revenge the injury done against his glory : and that doth moses more plainly speak in these words of the same chapter , if in any citie which the lord thy god giveth thee , thou shalt hear this bruite , there are some men sons of belial — plain it is that moses speaks not nor giveth charge to kings , rulers , & judges only ; but he commands the whole body of the people , yea and every member of the same , according to their possibility . and who dare be so impudent as to deny ●his to be most reasonable & just ? for seeing god had delivered the whole body from bondage , and to the whole multitude had given his law , and to the twelve tribes had distributed the land of canaan ; was not the whole & every member addebted to confess the benefits of god , and to study to keep the possession received ? which they could not do , except they kept the religion established , & put out iniquity from amongst them . to the carnal man this may seem to be a rigorous & severe judgement , that even the infants there should be appointed to the cruel death : and as concerning the city , and spoill of the same , mans reason cannot think but that it might have been better bestowed , than to be consumed . but in such cases let all creatures stoup , and desist from reasoning , when commandment is given to execute his judgment . i will search no other reasons , than the holy ghost hath assigned ; first , that all israel should fear to commit the like abomination ; and secondly , that the lord might turn from the fury of his anger : which plainly doth signifie , that by the defection & idolatry of a few , gods wrath is kindled against the whole , which is never quenched , till such punishment be taken upon the offenders , that whatsoever served them in their idolatry be brought to destruction &c. i have inlarged so far upon this period , that it may appear , there is nothing now in controversy , between the suffering & reproached party now in scotland , and either their friends or enemies , which could fall under our reformers inquiry ; but they have declared themselves of the same sentiments , that are now so much opposed : and therefore none can condemn the present heads of suffering , except also they condemn the reformers judgment ; and consequently the imputation of novelty must fall . period . iv. containing the testimony of the first contenders against prelacy and supremacy , from the year . to . hitherto the conflict was for the concerns of christs prophetical & priestly office , against paganisine & popery . but from the year . and dounward , the testimony is stated , and gradually prosecuted , for the rights , priviledges , & prerogatives of christs kingly office : which hath been the peculiar glory of the church of scotland , above all the churches in the earth , that this hath been given to her as the word of her testimony ; and not only consequentially & reductively , as all other churches may challenge a part of this dignity , but formally & explicitely to contend for this very head , the headship & kingship of iesus christ , the prince of the kings of the earth , and his mediatory supremacy over his oun kingdom of grace , both visible & invisible . this is christs supremacy , a special radiant jewel of his imperial croun : which , as it hath been as explicitely incroached upon in scotland , by his insolent enemies , as ever by any that entered in opposition to him ; so it hath been more expressly witnessed and wrestled for , by his suffering servants in that land , than in any place of the world . this was in a particular manner the testimony of that period , during the reign of king iames the sixth ; as it hath been in a great measure in our day , since the year . which , as it is the most important cause , of the greatest consequence that mortals can contend for ; so it hath this peculiar glory in it , that it is not only for a truth of christ , of greater value then the standing of heaven & earth , but also it is the very truth , for which christ himself died , considered as a martyr ; and which concerns him to vindicate & maintain as a monarch . the witnesses of that day made such an high account of it , that they encouraged one another to suffer for it , as the greatest concern ; being a witness for christs glorious & free monarchie , which as it is the end of the other two offices , so the testimony is more glorious to god , more honourable to his son , and more comfortable to them , then the testimony either for his prophetical office , or for his priesthood , because his kingdom was specially impugned at the time ; as mr forbes & mr welsh write in a letter to the ministers at court. the corruptions & usurpations wronging this truth , that they contended against , were prelacy and the kings supremacy in ecclesiastical matters : which will be usefull to hint a litle , how they prosecuted the conflict . when sathan ( whose kingdom was then declining ) by several instruments & means , both by force & fraud , did endeavour to put a stop to the reformation , by reintroducing the antichristian hierarchy of prelacy , when he could not reestablish the antichristian doctrine of popery ; he left no means unessayed to effectuate it . and first he began to bring the name bishop in request , that was now growing obsolete & odious , by reason of the abuse of it ( as it ought to be still ; for though the name be found in the scriptures , yet neither is that catechrestical application of it to prelats to be sound , nor was there any other reason for the translation of it after that manner , except it were to please princes ; seeing the native signification of it is an overseer , proper and common to all faithfull pastors . ) and indeed his first essay reached litle further then the bare name , for they were to be subject to & tryed by assemblies , and hardly had so much power as superintendents before . but it was a fine court-juggle for noblemen , to get the church revenues into their hands , by restoring the ecclesiastical titles , and obtaining from the titulars either temporal lands , or pensions to their dependers : so they were only tulchan bishops , a calfeskin to cause the cow give milk . yet , though this in our day would have been thought tollerable ; the faithful servants of christ did zealously oppose it . mr knox denunced anathema to the giver , and anathema to the receiver . and the following assembly condemned the office it self , as having no sure warrant , authority , nor ground in the book of god , but brought in by the folly & corruption of mens invention , to the overthrow of the church ; and ordained all that brooked the office , to dimit simpliciter , and to desist & cease from preaching , while they received de novo admission from the generall assembly , under the pain of excomunication . hereby they were awakened & animated , to a more vigorous prosecution of the establishment of the house of god , in its due government . in pursuance whereof , the assemblies from that time untill the year . did with much painfulness & faithfulness attend the work ; untill , by perfecting of the second book of discipline , they compleated their work , in the exact model of presbyterial government , in all its courts & officers . which was confirmed , & covenanted to be kept inviolate , in the national covenant , subscribed that year by the king , his court , & council ; and afterwards by all ranks of people in the land. whence it may be doubted , whether the impudence of the succeeding prelats that denyed this , or their perjury in breaking of it , be greater . this was but the first brush : a brisker assault followes . wherein , for the better establishment of prelacy , that what it wants of divine right , might be supplyed by the accession of humane prerogative , and not only diocesan but also erastian prelacy might be set up , to destroy christs kingdom & advance sathans ; the earle of arran & his wicked complices , move the king , contrary both to the word & oath of god , to usurp the prerogative of jesus christ , and assume to himself , a blasphemous monster of supremacy , over all persons , & in all causes , as well ecclesiastical as civil . but this also the faithful servants of god did worthily & valiantly resist : and at the very first appearance of it , gave in a grievance to the king , anno . that he had taken upon him a spiritual power , which properly belongs to christ , as only king & head of the church ; the ministerie & execution whereof , is only given to such as bear office in the ecclesiastical government in the same : so that in the kings person , some men press to erect a new popedome , as though he could not be full king of this commonwealth , unless as well the spiritual as temporal sword be put in his hand , unless christ be rest of his authority , and the two jurisdictions confounded , which god hath divided , which directly tendeth to the wrack of all true religion . which being presented by the commissioners of the general assembly ; the earle of arran asked , with a frouning countenance , who dare subscribe these treasonable articles ? mr andrew melvin answered , we dare , & will subscribe , & render our lives in the cause . and afterward , that same assembly presented articles , shewing , that seeing the spiritual jurisdiction of the church , is granted by christ , and given only to them , that by preaching , teaching , & overseeing , bear office within the same , to be exercised , not by the injunctions of men , but by the only rule of gods word — hereafter , no other of whatsomever degree , or under whatsomever pretence , have any colour to ascribe , or to take upon them any part thereof , either in placing or displacing of ministers , without the churches admission , or in stopping the mouths of preachers , or puting them to silence , or take upon them the judgment of tryal of doctrine &c. but in contempt & contradiction to this , and to prosecute & exert this new usurped power , mr andrew melvin was summoned before the secret council , for a sermon of his , applying his doctrine to the times corruptions : whereupon he gave in his declinature against them as incompetent judges ; and told them , they were too bold , in a constitute christian church , to pass by the pastors , prophets , & doctors , and to take upon them to judge the doctrine , and to control the ambassadors of a greater then was there , which they neither ought nor can do . there are ( saith he , loosing a litle hebrew bible from his girdle ) my instructions & warrant : see if any of you can control me , that i have past my injunctions . for this he was decerned , to be warded in the castle of edinbrugh , but he being informed , that if he entered in ward he would not be released , unless it were for the scaffold , he conveyed himself secretly out of the countrey . hereafter when the parliament . had enacted this supremacy , and submission to prelacy , to be subscribed by all ministers ; the faithful first directed mr david lindsey to the king , desiring that nothing be done in parliament prejudicial to the churches liberty : who got the prison of blackness for his pains . and then when they could not get access for shut doors to protest before the parliament ; yet , when the acts were proclaimed at the cross of edinburgh , they took publick documents , in name of the church of scotland ( though they were but two ) that they protested against the said acts : and fled to england , leaving behind them reasons that moved them to do so . and mr iames melvin wrote against the subscribers at that time very pertinently : proving , first , that they had not only set up a new pope , & so become traitors to christ , and condiscended to that chief error of papistrie , whereupon all the rest depend ; but further , in so doing they had granted more to the king , than ever the popes of rome peaceably obtained &c. and in the end , as for those that lamented their oun weakness & feebleness , he adviseth them , to remove the publick slander , by going boldly to the king & lords , and shew them how they had fallen through weakness , but by gods power are risen again ; and there by publick note & witness taken , free themselves from that subscription , and to will the same to be delete , renouncing & detesting it plainly , and thereafter publickly in their sermons , and by their declaration & retractation in writ , presented to the faithful , manifest the same , let them do with stipend , benefice , & life it self what they list . this i insert , because this counsel is now condemned , and when poor people , offended with ministers subscriptions of bonds & other complyances , desire acknowledgments of the offence , they reject it as an impertinent imposition , and plead they are not obliged to manifest any retractation but to an ecclesiastical judicatory . to which i shall say nothing here , but this is no novelty . after this , it is known what bickerings the faithful witnesses of christ had , in their conflicts with this supremacy , upon the account of mr david blacks declinature , which they both advised him to , & approved when he gave it in , against the king & conncil as judges of his doctrine . and the commissioners of the general assembly ordained all , to deal mightily with the power of the word , against the councils encroachments ; for which they were charged to depart forth of edinburgh . after which he added a second declinature : declaring , there are two jurisdictions in this realme , the one spiritual the other civil ; the one respecting the conscience , the other externals ; &c. — therefore , in so far as he was one of the spiritual office-bearers , and had discharged his spiritual calling in some measure of grace & sincerity , should not nor could not be lawfully judged , for preaching and applying the word , by any civil power ; he being an ambassadour & messenger of the lord jesus , having his commission from the king of kings , and all his instructions set doun & limited in the book of god , that cannot be extended , abridged , or altered by any mortal wight , king or emperour ; and seeing he was sent to all sorts , his commission & discharge of it should not nor cannot be lawfuly , judged , by them to whom he was sent ; they being sheep & not pastors , to be judged by the word and ●●t to be judges thereof in a judicial way . the interloquutor being past against him for this ; the brethren thought it duty , that the doctrine of the preachers should be directed against the said interloquutor , as against a strong & mighty hold set up against the lord jesus , and the freedom of the gospel ; and praised god for the force & unity of the spirit , that was among themselves . and being charged to depart out of toun , they leave a faithful declaration at large ; shewing , how the liberties of the church were invaded & robbed : but all this was nothing , in comparison of their wrestlings for the royalties of their princely master , and priviledges of his kingdom , against that tyrants insolencies , after he obtained he croun of england . for then he would not suffer the church to indict her oun assemblies . and when the faithful thought themselves obliged to counteract his encroachments , and therefore conveened in an assembly at aberdeen , anno . they were forced to dissolve : and thereafter , the most eminent of the ministers there assembled , were transported prisoners to black-ness . whence being cited befor the council , they decline their judicatory . and one of their brethren , mr robert youngson , who had formerly succumbed , being moved in conscience , returned : and when the rest were standing before the council , desired to be heard ; and acknowledged his fault , and therefore , howbeit not summoned by the lords , was charged by the living god , and compelled to compear that day , to justifie that assembly , to the great astonishment of the lords , and comfort of his brethren ; he subscribed the declinature with the rest : and for this they were arraigned , and condemned , as guilty of treason , and banished . before the execution of which sentence , mr welsh wrote to the lady fleming , to this effect . what am i , that he should first have called me , and then constituted me a minister of glad things , of the gospel of salvation , these fifteen years already , and now last of all to be a sufferer for his cause & kingdom ? to witness that good confession , that jesus christ is the king of saints , and that his church is a most free kingdom , yea as free as any kingdom under heaven , not only to convocate , hold & keep her meetings , conventions , & assemblies : but also to judge of all her affairs in all her meetings & conventions , among his members and subjects . these two points . ( ) that christ is the head of his church . ( ) that she is free in her government from all other jurisdiction except christs , are the special cause of our imprisonment , being now convict as traitors , for maintaining thereof . we have now been waiting with joyfulness to give the last testimonie of our blood in confirmation thereof . if it would please our god to be so favourable , as to honour us with that dignity . after this , the king resolving by parliament to advance the estate of bishops again , as in the time of popery , without cautions as before ; and further to establish not only that antichristian hierarchie , but an erastian supremacy : the faithful ministers of christ , thought themselves bound in conscience to protest . and accordingly they offered a faithful protestation to the parliament iulij — . obtesting , that they would reserve into the lords own hands , that glory which he will communicate neither with man nor angel , to wit , to prescribe from his holy mountain a lively pattern , according to which his oun tabernacle should be formed : remembring alwise , that there is no absolute & undoubted anthority in this world , except the soveraigne authority of christ the king ; to vvhom it belongeth as properly to rule the church , according to the good pleasure of his oun vvill , as it belongeth to him to save his church by the merit of his oun sufferings : all other anthority is so intrenched vvithin the marches of divine command , that the least overpassing of the bounds set by god himself , bring men under the fearful expectation of temporal & eternal judgements . — if ye should authorize bishops , ye should bring into the church the ordinance of man , vvhich experience hath found , to have been the ground of that antichristian hierarchie , vvhich mounted up on the steps of bishops preeminence , until that man of sin came forth , as the ripe fruit of mans vvisedome , vvhom god shall consume vvith the breath of his oun mouth . let the svvord of god pierce that belly , vvhich brought forth such a monster : and let the staff of god crush that egg , vvhich hath hatched such a cockatrice : and let not only that roman antichrist be thrown down from the high bench of his usurped authority , but also let all the steps whereby he mounted up to that unlawful preeminence , be cut down & utterly abolished in this land : and beware to strive against god with an open displayed banner , by building up again the walls of iericho , which the lord hath not only cast down , but also hath laid them under an horrible interdiction & execration , so that the building of them again must needs stand to greater charges to the builders , then the reedifying of iericho , to hiel the bethelite in the days of ahab . yet notwithstanding of all opposition , prelacy was again restored in parliament . and to bring all to a complyance with the same , presbytries & synods universally charged , under highest pains , to admit a constant moderator without change : which many refused resolutely , as being the first step of prelacy . upon this followed a great persecution of the faithful , for their nonconformity , managed by that mongrel & monstrous kind of court , made up of clergy-men & statesmen , called the high commission court , erected anno . whereby many honest men were put violently from their charges & habitations ; the generality were involved in a great & fearful defection . but the copestone of the wickedness of that period , was the ratification of the five articles of perth ; kneeling at the communion , private communion to be given to the sick , private baptisme , and confirmation of children by the bishop , and observation of festival dayes . which were much opposed & testified against by the faithful , from their first hatching anno . to the year . when they were ratified in parliament : at what time they were also witnessed against from heaven , by extraordinary lightenings & tempest . and against this the testimony of the faithful continued , till the revolution anno . here we see how the cause was stated in this period ; and may gather also , wherein it aggress , and how far it differs from the present testimony , now suffered for under all rage & reproach . i. the matter of the testimony was one with that that we are suffering for , against popery , prelacy , & supremacy ; except that it was not so far extended against tyranny , because that tyrant was not such an usurper , nor such a violater of the fundamental constitutions of the civil government , as these that we have had to do with all . but as to the managing the testimony , they far out stripped their successors in this generation , in conduct & courage , prudence & zeal , as is above hintend in many instances : to which we may adde some more . when several plots of papist lords had been discovered , conspiring with the king of spain , and they were by the kings indulgence favoured , and some were also perswaded to treat with them : famous mr davidson opposed with great resolution ; declaring before the synod of lothian , that it favoured much of defection in these dayes , that such notorious rebells to god , his church , & the country , should be so treated with ; we should not rashly open a door to gods enemies , without better proof of their manners nor were yet seen . and when a convention in falkland was consulting to call home these conspiring traitors : mr andrew melvin went thither uncalled ; and when found fault with by the king for his boldness , he answered , sir , i have a call to come here from christ & his church , who have special interest in this turn , and against whom this convention is assembled directly : i charge yow , and your estates , in the name of christ & his church , that ye favour not his enemies whom he hateth , nor go about to call home nor make citizens of these , who have traiterously sought to betray their city & native countrey , with the overthroiw of chists kingdom . and further challenged them of treason against christ , his church & the countrey , in that purpose they were about . about the same time in a private conference with the king , he called the king gods sillie vassal ; and taking him by the sleeve , told him ; sir , yow , and church & countrey is like to be wracked for not telling the truth , and giving yow faithful counsel ; we must discharge our duty , or else be enemies to christ & yow : therefore i must tell yow , there are two kings and two kingdoms ; there is christ and his kingdom , whose subject king iames the th is , and of whose kingdom he is not a king , nor a head , nor a lord , but a member , and they vvhom christ hath called to vvatch over & govern his church , have sufficient authority , and power from him , which no christian king should control but assist , othervvise they are not faithfull subjects to christ. sir , vvhen yovv vvere in your svvedling clouts , christ reigned freely in this land , in spight of all his enemies ; but novv the vvisdom of your council , vvhich is devilish & pernicious , is this , that yovv may be served of all sorts of men to your purpose & grandour , iew & gentile , papist & protestant , because the ministers & protestants in scotland are too strong , & control the king , they must be vveakened & brought lovv , by stirring up a party against them , and the king being equal & indifferent , both shall be fain to flee to him , so shall he be well setled : but , sir , let gods wisedom be the only wisdom , this will prove meer & mad folly ; for his curse cannot but light upon it , so that in seeking both yow shall lose both . to the like effect , mr robert bruce , in a sermon upon psal , . gives faithful warning of the danger of the times . it is not we ( sayes he ) that are partie in this cause ; no , the quarrel is betwixt a greater prince and them . what are we , but sillie men ? yet it has pleased him to set us in this office , that we should oppone to the manifest usurpation that is made upon his spiritual kingdom . is there a more forcible mean to draw down the wrath of god , than to let barrabas that nobilitate malefactor pass free , and to begin the war against christ and his ministry . it puteth on the copestone , that so many of our brethren should not be so faithful , as their calling & this cause craveth . fy upon false brethren , to see them dumb , so faint hearted , when it comes to the chock : not only are they ashamed to speak the thing they think , which is a shame in a pastor , but speak directly against their former doctrin . they will speak the truth a while , till they be put at , but incontinent they will turn and make their gifts weapons to fight against christ ; for there is none so malicious as an apostate when he begins to slide back &c. the same faithful witness , because he would not preach as the king would have him , against his oun conscience , to justifie & proclaim the kings innocency , in a forged conspiracy against him , was put from his church in edinburgh , and being requested in an insinuating manner to desist from preaching but for nine or ten dayes ; he condiscended at first , thinking the matter of no great importance : yet that night his body was cast in a fever , with the terror of his conscience , and he promised he should never obey their commandment any more . these were faithful men , yet we find they challenge themselves in deep humiliation , for their short comings & defections , at the renovation of the national covenant , march , . . the greatst solemnity ever had been seen in scotland before that time , so that the place might worthily have been called bochim . o when shall we see such a day , when even the most faithful among us , shall mourn over our far more aggravated defections ! but if they mourned then for these first degrees of declensions , we may say , quam gravius ingemiscerent illi fortes viri , qui propter ecclesiae scoticanae libertatem . olim in acie decertarunt , si nostram hanc ignaviam ( ne quid gravius dicam ) conspicerent ! i know notwithstanding of all this , that some encourage themselves in a base complyance with the present corruptions of our church , from the practise of these worthies ; alledging , they did not scruple to hear & join with prelatical men , dispensing the ordinances . but this objection will be easily refelled , if we consider , first , the period wherein they were but growing up to a more perfect reformation , and therefore might bear with many things which we cannot , after we have been reformed from them : they were then advancing and still gaining ground , we are now declining , and therefore should be more shie to lose what we have gained . they had then of a long time enjoyed their judicatories , unto which they might recur for an orderly redress of such grievances that offended them ; and when they were deprived of them , yet they were still in hopes of recovering them , and so suspended their total secession from that corrupt church , untill they should recover them ; in the mean time still holding their right and maintaining their cause against these invaders . but we were at thevery first begining of this unhappy revolution , totally deprived of our judicatories , and denuded of all expectation of them in an ordinary way , and of all place , but what they are masters of to contend with them that way ; therefore must keep our selves free of their ▪ communion . but next if we consider their practise , we shall find these worthies vvere not such conformists , as our complyers vvould make them . what if vve find among them meetings , that vvere called & counted as seditious & schismatick , as ours are novv ? vve find a field meeting , yea a general assembly , at dumfermling vvithout & against the kings vvarrant , vvhen the ●ports vvere shut against them , anno . but that is not so pat to the purpose , as that vve find private-meetings at edinburgh , and that in the very time of publick service in the churches , discharged by open proclamation anno . vvherein it is charged , that they had no respect to the ordinary pastors , contemned & impugned their doctrine , disobeyed & controlled their discipline , abstained to hear the word preached , and to participate of the sacraments . and long before that , vve find the sincerer sort scrupled to hear bishop adamson , not withstanding that he vvas absolved in the assembly . and that aftervvards , the doubt being proponed to the assembly , if it be a slander to a christian , to absent himself from the sermons of them that are suspended from all function in the ministry . the assembly ansvvered , there is no slander in the case but rather it is slanderous to resort . and why is not this ground to think it slanderous or scandalous to resort to them , who deserve to be suspended ( all of them by a spiritual cognizance , and some of them to be suspended corporally , for their villanie ) when there can be no access orderly to do it . and the rather , because we find in this period , that sometimes ministers were so faithful & zealous against the corruptions of the ministry , that they decerned ministers to be suspended for far smaller faults , than many now could exempt themselves from ; viz. if they were not powerful & spiritual , if they did not apply their doctrine to corruptions , if they were obscure & too scholastick before the people , cold & wanting zeal , flatterers , dissembling at publick sins for flattery or fear &c. as we may read in the advice of the brethren , deputed for penning the corruptions in the ministery , anno . i wish our silent prudent ministers now would consider the justness of this censure , and what ground people have to be offended at such censurableness . but not only this may answer the false imputation of conformity on these witnesses of christ at that time , but i shall set down a part of a letter of one of the banished ministers at that time , discovering his mind about hearing these men , that were then serving the times . mr iohn welsh , writing to mr robert bruce , — what my mind is concerning the root of these branches , the bearer will shew yow more fully . they are no more to be counted orthodox , but apostates ; they have fallen from their callings by receiving an antichristian , and bringing in of idolatrie , to make the kingdom culpable , and to expose it to fearful judgments , for such an high perfidie against an oath so sol●mnly enacted & given ; and are no more to be counted christians , but strangers , apostates , & persecutors , and therefore not to be heard any more , either in publick , or in consistories , colledges , or synods ; for what fellowship hath light with darkness ? we see then as to that part of the testimony , they were not dissonant to the vvitness of the present reproached sufferers . ii. as the matter & manner of their testimony against all the invaders of the churches priviledges , did speak forth a great deal of sincere & pure zeal ; so their practice was conform , shewing forth a great deal of strictness , and aversness from all sinfull complyances , even with things that would be now accounted of very minute & inconsiderable consequence , and for which honest sufferers now are flouted at as fools . when that oath was formed for acknowledging the supremacy , there was a clause added which might have been thought to salve the matter , according to the word of god. i fear many now would not stand to subscribe , with such a qualification . yet the faithful then perceived the sophistrie , that it made it rather worse , affirming that that brat of hell was according to the word of god : and therefore , though there were several eminent men to perswade them to it both by advice & example , yet they could not in conscience comply ; and pleaded also from the illegality of that imposition , that they should be charged with the subscription of laws , a thing never required before of any subject ; if they offended against the laws , why might they not be punished according to the laws ? when many honest faithful patriots , for their attempt at ruthven to deliver the countrey from a vermine of villains that abused the king , to the destruction of the church & kingdom , were charged to crave pardon , & take remission ; they would do neither , judging it a base condemning of duty : which puts a brand upon our sneaking supplicators , & petitioners , & pardon-mongers , as unworthy to be called the race of such worthies , who scorned such baseness , and choosed rather to endure the extremity of their unjust sentences , of intercommuning & banishment &c. and when the earle of gowrie accepted of a remission , he afterwards condemned himself for it , and desired that his old friends would accept of his friendship , to whom he had made himself justly suspected . mr black , when he had the same favour offered to him , refused altogether , left so doing he should condemn himself , and approve the courts proceedings : and the brethren , confering with the councellors , craving that some penalty should be condiscended unto for satisfying his majestie in his honour , would not condiscend to any how light soever ; lest thereby they should seem to approve the judicatorie & their proceeding . the imprisoned ministers , for declining the council , had it in their offer , that if they would without any confession of offence only submit themselves to his majestie , pro scandalo , accepto non dato , they should be restored to their places : but it pleased god so to strengthen them , that they stopped their mouths , and convinced them in their consciences , that they could not do it without betraying of the cause of christ. again in another case , we have instances of such strictness , as is much scorned now a dayes . the ministers of edinburgh were committed to ward , for refusing to pray for the queen , before her execution in forthringam castle . they refused not simply to pray for her , but for the preservation of her life , as if she had been innocent of the crimes laid to her charge , which had imported a condemnation of the proceedings against her . afterwards in the year . the ministers of edinburgh , would not praise god for the deliverie of the king , from a pretended conspiracy of the earle of gowrie at that time , of which they had no credit nor assurance ; and would not crave pardon for it neither . for this mr robert bruce was deprived of the exercise of his ministry , and never obtained it again in edinburgh : but now for refusing such compelled & imposed devotion , to pray or praise for the king , poor people are much condemned . i know it is alleadged , that these faithful sufferers in those days , were not so strict as they are now , in submitting to unjust sentences , and obeying & keeping their confinements . i shall grant , there was much of this , and much might be tollerate in their circumstances , when the court procedure against them was not so illegal , their authority was not so tyrannical , nor so necessary to be disouned , and they were so stated , that they were afrayed to take guilt upon them , in making their escapes : whereas it is not so with us . yet we find very faithful men broke their confinements : as mr iohn murray , confined about dumfreis , perceiving there was no end of the bishops malice , and that he would be in no worse case than he was , he resolved without licence either of king or council to transport himself : so did also mr robert bruce . iii. for resistence of superior powers , we have in this period , first the practice of some noblemen an ruthven , anno . who took the king , and seised on that arrant traitor , enemy to the church & countrey , the earle of arran ; declaring to the world the causes of it , the kings correspondence with papists , his usurping the supremacy over the church , and oppressing the ministers , all by means of his wicked councellors , whom therefore they removed from him . the king himself emitted a declaration allowing this deed . the general assembly approved of it , and perswaded to a concurrence with it , and nothing was wanting to ratifie it , as a most lawfull & laudable action . at length the fox escapes , & changes all , and retracts his former declaration . the lords again rallie , and interprise the taking of the castle of stirling , and gain it ; but afterward surrender it : after which the earle of gowrie is executed , and ministers are commanded to retract the approbation of ruthven business , but they refused : and many were forced to flee to england , and the lords were banished . but in the year . they return with more success , and take the castle of stirling . the cowardly king does again acknowledge & justify their enterprise , that they needed no apology of words , weapons had spoken well enough , and gotten them audience to clear their own cause : but his after carriage declared him as crafty & false , as he was cowardly & fearful . again we have the advice of the general assembly , for resisting , when the ministers were troubled , upon mr blacks bussiness , and there was an intention to pull them out of their pulpits : they advised them to stand to the discharge of their calling , if their flocks would save them from violence , and yet this violence was expected from the king and his emissaries . as to that point then there can be no dispute . iv. there was litle occasion for the question about the kings authority in this period , but generally all acknowledged it : because they were not sensible of his usurpation , and his cowardice made him incapable of attempting any thing that might raise commotions in civil things . yet we remark , that whatsoever authority he usurped beyond his sphere , that was disouned & declined by all the faithful , as the supremacy . next that they resented , & represented very harshly , any aspiring to absoluteness ; as mr andrew melvin could give it no better name , nor intertain no better notion of it , then to terme it , the bloodie guillie , as he inveighs against it in the assembly , . and next , in this same period , we have a very good description of that authority , which the king himself allowes not to be ouned , which out of a kings mouth abundantly justifies the disouning of the present tyrannie : this same king iames , in a speech to the parliament in the year . sayth , a king degenerateth into a tyrant , when he leaveth to rule by 〈◊〉 , much more when he beginneth to invade his subjects persons , rights , & liberties , to set up an arbitrary power , impose unlawful taxes , raise forces , make war upon his subjects , to pillage , plunder , wast , and spoil his kingdoms . period . v. containing the testimony for the last reformation from prelacy , in all its steps , from the year , to . the following period , from the year . to , continues & advances the testimony , to the greatest hight of purity & power , that either this church or any other did ever arrive unto , with a gradation , succession , & complication of wonders , of divine wisdom , power , justice & mercy , signally & singularly ouning & sealing it , to the confusion of his enemies , comfort of his people , conviction of indifferent neutrals , and consternation of all. now after a long winter , and night of deadness & darkness , the sun returns with an amiable approach of light & life : now the winter was past , the rain was over & gone , the flowers appear on the earth , and the time of singing of birds is come , and the voice of the turtle is heard in our land. now the second time , the testimony comes to be managed in an active manner , as before it was passive : as the one hath been alwayes observed to follow interchangably upon the other , especially in scotland , and the last alwayes the greatest ; which gives ground to hope , though it be now our turn to suffer , that when the summer comes again after this winter , and the day after this night , the next active testimony shall be more notable than any that went before . the matter of the testimony was the same as before , for the concerns of christs kingly prerogative , but with some more increase as to its opposites : for these grew successively in every period , the last alwayes including all that went before . the first period had gentilisme principally to deal with , the second poperie , the third poperie & tyrannie , the fourth prelacy & supremacy , this fifth hath all together , and sectarianisme also , to contend against . the former had alwayes the opposites on one hand , but this hath them in extremes on both hands ; both fighting against one another , and both fighting together against the church of scotland , and she against both , till at length one of her opposites prevailed , viz. the secterian party , and that prevailing brought in the other , to wit , the malignant , which now domineers over all together . wherefore , because this period is in it self of so great importance , the revolutions therein emergent so eminent , the reformation therein prosecuted wanting litle of its perfect complement ; the deformation succeeding in its deviation from the pattern being so destructive ; to the end it may be seen from whence we have fallen , and whether or not the present reproached sufferers have lost or left their ground , we must give a short deduction of the rise , progress , & end of the contendings of that period . in the midst of the forementioned miseries & mischiefs , that the pride of prelacy and tyrannical supremacy had multiplied beyond measure upon this church & nation , and at the hight of all their haughtiness , when they were setting up their dagon , and erecting altars for him , imposing the service-book , and book of canons &c. the lord in mercy remembered his people , and surprised them with a sudden unexpected deliverance , by very despicable means ; even the opposition of a few weak women , at the beginning of that contest , which , ere it was quashed , made the tyrant tumble headless off his throne . the zeal against the english popish ceremonies , obtruded on edinburgh , did first inflame some feminine hearts to witness their detestation of them ; but afterwards was followed out with more masculine fervor , accosting king & council with petitions , remonstrances , protestations , & testimonies against the innovations , and resolving upon a mutual conjunction , to defend religion , lives , & liberties , against all that would innovate or invade them . to fortifie which , and conciliate the favour both of god & man in the resolution , all the lovers of god , and friends to the liberty of the nation , did solemnly renew the national covenant ( wherein they were signally countenanced of the lord ) vvhich , though in it self obliging to the condemnation of prelatical hierarchie , and clearly enough confirming presbyterial government , yet they ingaged into it vvith an inlargment , to suspend the practice of novations already introduced , and the approbation of the corruptions of the present government , vvith the late places & povver of church men , till they be tried in a free general assembly . which vvas obtaine● that same year , and indicted at glasgow : and there , not vvith standing all the opposition that the kings commissioner could make , by protestations & proclamations to dissolve it , the six preceeding assemblies establishing prelacy vvere annulled , the service-book , and high commission vvere condemned ; all the bishops vvere deposed , and their government declared to be abjured in that national covenant ; though many had , through the commissioners , persvvasions , subscribed it in another sense vvithout that application : as also the five articles of perth vvere there discovered , to have been inconsistent vvith that covenant & confession , and the civil places & povver of church men vvere disproved & rejected : on the other hand presbyterial government vvas justified & approved , and an act vvas passed for their keeping yearly general assemblies . this was a bold begining , into which they were animated with more than humane resolution , against more than humane opposition , hell as well as the powers of the earth being set against them . but when the lord gave the call , they considered not their oun deadness , nor were daunted with discouragments , nor staggered at the promise through unbelief , but gave glory to god , out braving all difficulties . which in the following year were much increased , by the prelats and their popish partakers , rendevouzing their forces under the kings personal standart , and menacing nothing but misery to the zealous covenanters : yet when they found them prepared to resist , were forced to yeeld to a pacification , concluding that an assembly & parliament should be held for healing all grievances of church and state. in which assembly , at edinburgh , the covenant is ratified & subscribed by the earle of traquair commissioner , and enjoined to be subscribed by the body of the whole land , with an explication expressly condemning the five articles of perth , the government of bishops , the civil places & power of church men : but the sons of belial cannot be taken with hands , nor bound with bonds of faith , humanity , or honour ; for in the year following , king & prelats , with their popish abettors , go to arms again ; but were fain to accommodate the matter by a new pacification , whereby all civil & religious liberties were ratified . and in the folowing year , by lawes , oaths , promises , subscriptions of king & parliament fully confirmed . the king , charles the i. being present , and consenting to all ; though in the mean time he was treacherously encouraging the irish murderers , who by his authority made a massacre of many thousand innocent protestants in ireland . but in scotland things vvent vvell , the kingdom of our lord jesus vvas greatly advanced , the gospel flourished , and the glory of the lord did shine upon us , vvith such a splendor that it avvaked england , and animated the lords people there , then groaning under those grievances from vvhich scotland vvas delivered , to aspire to the like reformation . for advice in vvhich , because though all aggreed to cast off the yoke of prelacy , yet sundry forms of church government vvere projected to be set up in the room thereof , chiefly the independent order , determining all acts of church government , as election , ordination , and deposition of officers , vvith admission , excommunication , & absolution of members , to be done & decided by the voices of every particular congregation , vvithout any authoritative concurrence or interposition of any other , condemning all imperative & decisive povver of classes &c. as a meer usurpation ; therefore the brethren in england vvrote to the assembly then fitting at edinburgh , vvho gave them ansvver that they vvere grieved , that any of the godly should be found not aggreeing vvith other reformed churches in point of government , as well as doctrine ; and that it was to be feared , where the edge of discipline & government is different , the doctrine & worship shall not long continue the same without change ; that the government of the church , by compound presbytries & synods , is a help & strength , and not a hinderance to particular congregations & elderships , in all the parts of government ; and are not an extrinsecal power set over particular churches , but the intrinsecal power where with christ hath invested his officers , who may not exercise it independently , but with subordination unto presbytries &c. which as they are representative of particular churches , conjoined together in one under their government ; so their determination , when they proceed orderly , whether in causes common to all , or brought before them by reference in case of aberration , is to the several congregations authoritative , & not consultatory only . and this subordination is not only warranted by the light of nature , but grounded upon the word of god , and conforme to the pattern of the primitive & apostolick church , for the preservation of verity & unity , against schisme , heresie , & tyrannie , which is the fruit of this government where soever it hath place . so from henceforth the assembly did incessantly urge uniformity in reformation , with their brethren in england , as the chiefest of their desires , prayers , & cares . and in the year . prevailed so far , that the english parliament did first desire that the two nations might be strictly united for their mutual defence , against the papists & prelatical faction and their adherents in both kingdoms ; and not to lay down armes , till these implacable enemies should be brought in subjection : and did instantly urge for the help & assistance from scotland . which being sent did return with an olive branch of peace , and not without some beginings of a reformation in england . and afterwards , a bloody war begining between the king & parliament , with great success on the kings side , whence the papists at the time got great advantage ( witness the cessation of armes concluded in ireland ) commissioners were sent from both houses to scotland , earnestly inviting to a nearer union of the kingdoms , and desiring assistance from this nation to their brethren in that their great distress : and this , by the good hand of god , produced the solemn league & covenant of the three kingdoms , first drawen up in scotland , and approven in the assembly at edinburgh , and afterward embraced in england , to the terror of the popish and prelatical party , and to the great comfort of such as were wishing and waiting for the reformation of religion , and the recoveries of just liberties . the tenor whereof did import , their sincere & constant endeavours , in their several places & callings , for preservation of the uniformity in reformation , in doctrine , worship , discipline , & government ; the extirpation of popery , prelacy , error & prof●nity ; the preservation of the rights & liberties of the people , and of the magistrats authority , in defence of the true religion and liberty ; the discovery & punishment of incendaries ; the retaining of the peace & union of the kingdoms ; the mutual assistance & defence of all under the bond of this covenant ; and the performing all duties we owe to god , in the amendment of our lives , and walking exemplarly one before another . this is that covenant comprehending the purpose of all prior , and the pattern of all posterior covenants , to which christs witnesses did always adhere , for which the present witnesses do suffer & contend ; that covenant , which the representative of church & state in the three nations did solemnly subscribe & swear , for themselves & posterity , of which the obligation , either to the duty or the punishment , continues indispensibly on the generation ; which for the moral equity o● its matter , the formality of its manner , the importance of its purpose , the holyness of its solemn engagment , and the glory of its ends , no power on earth , can disannul , disable , or dispense ; that covenant , which the lord did ratifie from heaven , by the conversion of many thousands at their entering under the bond of it , securing & establishing unto them , and all the faithful , the blessings & priviledges therein expressed , and avouching himself to be their god , as they had avouched themselves to be his people ; that covenant , which in all the controversies it hath occasioned , did never receive a greater confirmation than from the malice & opposition of its adversaries ; that covenant , which malignants do malign & deny , and sectaries scorn & lay aside , as an almanack out of date ; which hath been many ways traduced & reproached by enemies , and yet could never be reflected on by any serious in this land , without a honourable & fragrant remembrance : especially that retortion of adversaries of the rigor of its imposition upon recusants , to justifie their cruelty upon its asserters now , is to be refelled , not with confutation of its importance , but with disdain of its impudence . for who were the recusants : but wicked enemies to god and church & nation , who for their malignancy were then to be prosecuted , not for their scrupling at a covenant , but for their contumacious contempt of a law ? this was no violence done to their conscience ; for as they had none , and could not pretend to any , so they were never troubled for that , but for their opposition & conspiracy against the common cause . however , it went through at that time : and that the covenanted reformation , in a nearer conjunction betwixt the united churches , might be promoted , the parliament of england called an assembly of divines at westminster : and desired the assembly of scotland to send thither their commissioners ; which accordingly nominated & elected , mr alexander henderson , mr robert dowglas , mr samuel rutherford , mr robert balzie , mr george gillespie ministers , and iohn earle of cassils , iohn lord maitland , and sir archbald iohnstoun of waristoun , ruling elders ; to propone , consult , treat , & conclude in all such things as might conduce to the extirpation of popery , prelacy , heresie , schism , superstition , & idolatry , and for the settling of the so much desired union of the whole island , in one forme of church government , one confession of faith , one common catechisme , & one directory for the worship of god. forces were also sent , to assist the parliament of england : which were favoured with great success in their entreprizes , till that war was ended by the total overthrow of tyranny at that time , and all its upholders . but that popish , prelatical , & malignant faction being brought much under in england , attempted ( not unlike the syrians , who thought the god of israel was not god of the hills & valleyes both ) to try the fortune of war in scotland , under the conduct of that treacherous & truculent traitor montrose , gathering an army of wicked apostates & irish murderers : who prevailing for a time , did punish , in the justice of god , the hypocrisie & self-seeking of such in this land whose hearts were not upright in his covenant ; at length was defeat at philiphaugh , in the year . yet certain it is , that they had commission & warrant from the king : as the assembly that year , feb. . remonstrates it to himself ; warning him in the name of their master , the lord jesus christ , that the guilt which cleaved to his throne was such , as ( whatsoever flattering preachers or unfaithful counsellors might say to the contrary ) if not timely repented , could not but involve himself & his posterity , under the wrath of the everliving god , for his being guilty of the shedding of the blood of many thousands of his best subjects , for his permitting the masse & other idolatry in his family & dominions &c. at the same time also the assembly did zealously incite the parliament to a speedy course of justice , against these incendaries & murderers , as the only mean of cleansing the land from that deluge of blood then current , and of appeasing the wrath of god : and solemnly & seasonably warned all ranks , to applaud the glory & righteousness of that judgment of the sword , in the hands of these apostates & murderers , and to search to understand the language of that dispensation ; wherein many publick sins & breaches of covenant are pointed at , as the causes of that desolation ; and the covenant it self is there very encomiastically vindicated . we are so far from repenting of it ( say they ) that we can not mention it without great joy & thankfullness to god , as that which hath drawn many blessings after it , and unto which god hath given manifold evident testimonies : for no sooner was the covenant begun to be taken in england , but sensibly the condition of affairs there was changed to the better , and our forces sent into that kingdom , in pursuance of that covenant , have been so mercifully & manifestly assisted & blessed from heaven , that we have what to answer the enemy that reproacheth us concerning that business , & that which may make iniquity it self to stop her mouth : but which is more unto us than all victories , the reformation of religion in england , & uniformity therein between both kingdoms ( a principal end of that covenant ) is so far advanced , that the government of the church by congregational elderships , classical presbyteries , provincial & national assemblies , is aggreed upon by the assembly of divines at westmnster , and voted & conc●uded in both houses of parliament . after this the malignants in england being crushed in all their projects , the king renders himself to the scots in new castle : by whom ( because by covenant they were not obliged to defend him , but only in defence of religion & liberty , which he had been destroying and they defending ; because in this war he did directly oppose & oppugne these conditions , under which they were only to defend him , and therefore they had all alongst carried towards him as an enemy , as he to them ; and because by the same covenant they were obliged to discover , & render to condign punishment all malignants & incendaries , of whom he was the chief , and to re●ain the peace & union of the kingdoms , which could not be retained in maintaining their destroyer , and to assist mutually all entered into that covenant , which he was fighting against ) he was delivered up into the english , and kept under restraint in the isle of wight , untill he received his just demerit , for all his oppressions , murders , treachery , & tyranny ; being condemned & execute ianuar. . anno / which fact , though it was protested against both before & after by the assembly of the church of scotland , out of zeal against the sectarians , the executioners of that extraordinary act of justice ; yet it was more sor the manner than for the matter , and more for the motives & ends of it than for the grounds of it , that they opposed themselves to it , and resented it . for they acknowledged & remonstrated to himself , the truth of all these things upon which that sentence & execution of justice was founded . and when a wicked association , & unlawful engagment was on foot to rescue him , they opposed it with all their might : shewing , in their answers to the estates that year . and declarations & remonstrances , the sinfullness & destructiveness of that engagment ; that it was a breach of the commandments of god , & of all the articles of the covenant ; declaring withal , they would never consent to the kings restitution to the exercise of his power , without previous assurance by solemn oath under his hand & seal , for settling of religion according to the covenant . by which it appears , they were not so stupidly loyal , as some would make them . yet indeed it cannot be past without regrate , that there was too much of this plague of the kings-evil even among good men : which from that time forth hath so infected the heads & hearts of this generation , that it hath almost quite extinct all loyaltie to christ , and all zeal for religion & liberty . then it began to infuse & diffuse its contagion , when after the death of charles the first , in the year . they began , after all that they had smarted for their trusting these treacherous tyrants , and after that grace had been shewed them from the lord their god , by breaking these mens yokes from from off their necks , and puting them again into a capacity to act for the good of religion , their oun safety , and the peace & safety of the kingdom , to think of joining once more with the people of these abominations , and taking into their bosoms these serpents which had formerly stung them almost to death . hinc il●● lachrimae , en origo & scaturigo nostrae defectionis ! there was indeed at that time a party faithful for god , who considering the many breaches of the solemn league & covenant , and particularly by the late engagment against england , did so travel that they procured the covenant to be renewed , with the solemn acknowledgment of sins & engagment to duties , which was universally subscribed & sworn through all the land ; wherein also they regrete this tampering with malignants . and therefore the lord did mightily save & defend them from all their adversaries , subdued them at stirling , and in the north. they did also give warning concerning the young king , that notwithstanding of the lords hand against his father , yet he hearkens unto the counsells of these , who were authors of these miseries to his father ; by which it hath come to pass , that he hath hitherto refused to grant the just & necessary desires of the church & kingdom , for securing of religion & liberty : and it is much to be feared , that these wicked counsellers , may so far prevail upon him , as to ingage him in a war , for overturning the work of god , and bearing doun all those in the three kingdoms that adhere therto . which if he shall do , cannot but bring great wrath from the lord upon himself & throne , and must be the cause of many new & great miseries & calamities to these lands . and in the same warning , by many weighty reasons , they prove , that he is not to be admitted to the exercise of his power , without security for religion & liberty . and when the bringing home of the king came to be voted in the assembly , there was one faithful witness , mr adam kae minister in galaway , protested against it ; fore shewing & fore telling , what mischeef & misery he would bring with him when he should come . these things might have had some weight , to demur the nation from medling with that perfidious traitor . but all this serves only to aggravate the sin & shame of that distraction , which hath procured all this destruction , under which the land mourns to this day : that notwithstanding of all these convictions , warnings yea and discoveries of his malignancy , treachery , & inclinations to tyranny ; they sent commissioners , and concluded at treaty with him at breda . during which treaty , the commissions which he had sent to that bloody villain montrose , & his cut throat complices , to raise an armie , & wast & invade the countrey with fire & sword the second time ; were brought to the committee of estates , discovering what sort of king they were treating with . whereupon , after serious consulting not only together , but with the lord : and after many debates what to do in such a doubtfull case , wherein all was in danger , the estates concluded to break off the treaty , and recall their commissioners . to which intent , they sent an express with letters to breda ; which by providence falling into the hands of libberton , a true libertine , & false betrayer of his trust & country , was by him , without the knowledge of the other commissioners , delivered unto the king : who consulting the contents of the packet with his jesuitical & hypocritical cabal , found it his interest to play the fox ( being disappointed at that time to play the tyger ) and dissemble with god & man. and so sending for the commissioners , he made a flattering speech to them , shewing that novv after serious deliberation he vvas resolved to comply vvith all their proposals . where upon the poor cheated commissioners dispatch the post back with letters , full of praise & joy , for the satisfaction they had received . the estates , perceiving themselves imposed upon , consulted again vvhat to do ; and in end , being oversvvayed more vvith respect to their oun credite ( vvhich they thought should be impeached , if they should retract their oun plenipotentiary instructions , to conclude the treaty upon the kings assent to their conditions ) than to their reclamant consciences , they resolved to bring home that pest , and thereby precipitated themselves & us into ineluctable miserie . yet they thought to mend the matter , by binding him vvith all cords , and puting him to all most explicite engagments , before he should receive the imperial croun . well , upon these termes home he comes , and before he set his foot on british ground he takes the covenant . and thereafter , because the commission of the general assembly , by the act o● the west kirk august . . . precluded his admittance unto the croun , if he should refuse the then required satifaction , before his coronation he emits that declaration at dumferling ; wherein , professing & appearing in the full perswasion & love of the truth , he repenteth ( as having to do with & in the sight of god ) his fathers opposition to the covenant & work of god , & his oun reluctances against the same , hoping for mercy through the blood of jesus christ , and obtesting the prayers of the faithful to god for his stedfastness ; and than protesteth his truth & sincerity in entering into the oath of god , resolving to prosecute the ends of the covenant to his utmost , and to have with it the same common friends & enemies , exhorting all to lay doun their enmity against the cause of god , and not to prefer mans interest to gods , which will prove an idol of jealousie to provoke the lord , and he himself accounteth to be but selfish flatterie . a declaration so full of heart professions , & high attestations of god , that none considering what followed can reflect thereon , without horror & trembling from the holy jealousie of the lord , either for the then deep dissimulation or the after unparalelled apostacy . i know it is objected by court parasites , that the king was then compelled to do these things . to which i shall only say : it would have cost any of them their head at that time , to have asserted that he did upon deliberation & choise mock god & man , and entered into these engagments , only with a purpose to be thereby in better capacity , to destroy what he swore to maintain ; only because he could not have the croun without this way , which in the confession of the objectors themselves was only deliberate & premeditate perjurie . next , if it should , be granted he was compelled ; let it be also considered , who compelled him ; and these will be found to be the deceitful courtiers . for , let it be adverted , what mr gilespie declares of the case , who put the pen in his hand when he subscribed that declaration : he , perceiving there was sufficient ground to jealouse his reality , and seeing evidently that the courtiers prevailed with the king on a sudden to offer to subscribe the declaration ( when they observed that the commissioners of churh & state were resolute , & ready to go away in a fixedness , to leave out the puting of his interest in the state of the quarrel ) and being afrayed of the sad consequences of it , spoke his mind plainly to the king , that if he was not satisfied in his soul & conscience , beyond all hesitation of the righteousness of the subscription , he was so far from overdriving him to run upon that , for which he had no light , as he obtested him , yea he charged him in his masters name , and in the name of these who sent him , not to subscribe this declaration , no not for the three kingdoms . whereupon the king answered , mr gillespie , mr gillespie i am satisfied , i am satisfied with the declaration , and therefore will subscribe it . upon which some of the courtiers swore that mr gillespie intended simply to disswade the king from subscribing it , that so church and state might professedly lay aside his inetrest : which would have defeat their hopes to make up themselves , as now they have done , upon the then designed ruine of the interest of truth . then at his coronation , we have his again reiterated confirmations of that covenant : first , he is desired in name of the people to accept the crown , and maintain religion according to the national & solemn league & covenant ; whereunto he gave his apparently cordial consent ( the words are in the forme & order of the coronation with the whole action . ) then next , a sermon being preached upon king. . , & . the action commenceth , with his most solemn renewing of the national and solemn league & covenant , by oath . then , he is presented to the people , and their willingness demanded to have him for their king on these termes . at the same time , in the next place , he took the coronation oath . then on these termes he accepted the sword. and after the crown is set upon his head , the peoples obligatory oath is proclaimed on the termes foresaid , otherwise he is not that king to whom they swore subjection . then being set upon the throne , he was by the minister put in mind of his engagments , from chron. . . and then the nobles of the land came one by one kneeling , and lifting up their hands between his hands , swore the same oath . these things done , the whole action was closed with a most solid & severe exhortation from several instances , neh. . . ier. . , , , &c. there after in the year . followed the ratification of all these preceeding treaties , transactions , & engagments , concluded & enacted by the king , and the parliament then fully & freely conveened ; whereby the same did pass into a perpetual law. and this covenant , which from the begining was & is the most sure & indispensible oath of god , became at length the very fundamental law of the kingdom , whereon all the rights or priviledges , either of king or people , are principally bottomed & secured . this might seem security sufficient , but considering the former discoveries & experiences they had of his treachery , and the visible appearances ( in the mean time ) of his refusalls , visible reluctances , manifest resilings , open counter actings , and continued prejudices against the covenant , and his following unprecedented avowed perjurie , every thing doth indelebly fasten upon them the weakness at least of an overweening credulity , and upon him the wickedness of a perfidious policy , in all these condiscensions . after this it came to pass , that zeal for the cause rightly stated was suddenly contracted to a few , and the flame thereof extinguished in many , and court wild fire substitute in its place : whereby a plain defection was violently carried on by the publick resolutioners , who relapsing into that most sinful conjunction with the people of these abominations , so solemnly repented for & resolved against , did notwithstanding bring in notorious malignants , into places of power & trust , in judicatories & armies , in a more politick than pious way of requiring of them a constrained & dissembled repentance , to the mocking of the god of truth , and scorn of all our holy engagments . which defection did not only cause for a long time an incurable division ; the first of that kind , and most permanent of any that ever was in the church of scotland , by reason of the surcease of general assembl●es , stoped & hindered by the yoke of the sectarian usurpation ; but also was the spring & source of all our defections since , all flowing from & fomented by that same spirit that fostered that : and for that , since that time , the lord hath been contending with this church & nation , bringing us under the bondage of these malignant enemies , whom we suffered them then to encourage & introduce . and both at that time , & since that time , the lord never countenanced an expedition where that malignant interest was taken in unto the state of the quarrel . upon this our land was invaded by oliver cromwel , who defeat our army at dumbar , where the anger of the lord was evidently seen to smoke against us , for espousing that interest . and remarkable it is , how in that very day where in the publick resolutions were concluded in the assembly at st andrews , the lord then shed the blood of his people at ennerkeithing ; so as that the assembly , having in great hast hurried through this approbation , were all made to run for it , and adjourn themselves to dundie , where they met and compleated that step of defection . and afterwards it s known , what a peculiar vengeance fell upon that city , where this deed was done beyond all the cities of the nation . next , an army being raised , according to these unhallowed resolutions , and the lord puting remarkable discountinance upon them in their attemptings at home , as was manifest in their attemptings at torewood &c. they march into england ; and there did the lord continue , by his leaving our army to the sword , to preach that doctrine to the world iosh. . , , . [ israel hath sinned and transgressed the covenant — have taken the accursed thing — and dissembled also , and have put it even amongst their oun stuff , therefore the children of israel could not stand before their enemies , but turned their backs before their enemies , because they were accursed : neither will i be with yow any more , except ye destroy the accersed thing from among yow ] an army of near was totally routed at worcester ; and the achan , the cause of the overthrow , was forced to hide himself in the oak , and thence to transport himself beyond sea , where he continued a wandering fugitive in exile , till the year . in the mean time the sectarian army here prevailed , till , after the usurper cromwel his death , the false monk then general , with a combination of malignants and publick resolutioners , did machinate our misery , and effectuated it by bringing home the king to england from his banishment : wherein he was habituate into an implacable hatred against the work of god. yet , though since the kings first reception into scotland , our declensions were still growing untill they produced this fearful revolt from god , wherein the nation is now involved ; there was still a faithful remnant of ministers & professors , zealous for the cause , keeping their integrity ; who in their remonstrances & testimonies witnessed against both their malignant enemies and their backsliding brethren the resolutioners , and also against the sectarians their invaders ; whose vast toleration & liberty of conscience , which they brought in to invade our religion as they had invaded our land , and infect it with their multifarious errors , was particularly by the synod of fife , and other brethren in the ministery that joined themselves to them , testified against , and demonstrated to be wicked & intollerable . now to see how far the present testimony is con●irmed by the witnesses of this period , we may resume some reflections on it . i. they impartially carried on the testimony against prelacy , and the popish prelatical & malignant faction on the one hand , and the sectarians on the other , without ever waving the testimony against either , or at the least winking at the one to weaken the other : both which testimonies they though of so great importance , that they could not dispense with but faithfully maintain both , in their witnessings & warnings . in that seasonable & necessary warning & declaration concerning present & imminent dangers , given at edinb . iuly . sess . they say first of the s●ctaries that prevailing party of sectaries in england , who have broken the covenant , and despised the oath of god , corrupted the truth , subverted the fundamental government , look upon us with an evil eye , as upon these who stand in the way of their monstrous & new fangled devices in religion & government ; and though there were no cause to fear any thing from that party , but the gangren & infection of those many damnable & abominable errors which have taken hold on them ; yet our vicinity unto and dayly commerce with that nation , may justly make us afrayed , that the lord may give up many in this land into a spirit of delusion to beleeve lies , because they have not received the love of the truth . in that same warning they say we are not so to have the one of our eyes upon the sectaries , as not to have the other upon malignants , they being an enemie more numerous & more dangerous than the other ; not only because experience hath proven , that there is a greater aptitude & inclination in these of our land to comply with malignants , than sectaries , in that they carry on their wicked designe , under a pretext of being for the king , but also because there be many of them in our oun bovvells . by vvhich vve may see , hovv impartially they opposed both ; and that this cannot be condemned in the testimonies of the present sufferers , except the assembly be condemned . and because many novv a dayes have extenuating notions of those debates , against prelacy & sectarianisme , about the government of the church &c. and condemn these that vvould adhere to & suffer for the punctilio's of it , as rigid nicetie : i shall , for seeing vvhat account the assembly had of them , cite their vvords in a letter to the assembly of divines at westminster , dated edin . iune . . the smallest ( say they ) of christs truths ( if it be lavvfull to call any of them small ) is of greater moment than all the other businesses , that ever have been debated since the begining of the vvorld to this day : but the highest of honours and heaviest of burdens is put upon yovv ; to declare , out of the sacred records of divine truth , vvhat is the prerogative of the croun & extent of the scepter of jesus christ ; vvhat bounds are to be set betvveen him ruling in his house , and povvers established by god on earth ; hovv & by vvhom his house is to be governed ; and by vvhat vvayes a restraint is to be put on these , vvho vvould pervert his truth and subvert the faith of many . ii. in the manner of maintaining this testimony , these famous fathers while faithful for god gave us a perfect pattern of purity & strictness , in opposition to all degrees of conformity & complyance with the corruptions of the time ; and laid down such rules & constitutions , as might regulate us in our contendings about present defections , and teach us what account to make of them , and how to carry towards them : which if adverted unto , would evince how manifest & manifold the declinings of many have been from the late reformation , that yet pretend to adhere unto it , and how justifieable the aversation & abstraction of the present reproached suffering party is , from all these defections and the daubings of them , because so much deviating & declining from the attained reformation . i need not repeat , how prelacy , and all the parts & pendicles of that antichristian hierarchy , were abjured in the national covenant , and condemned in the acts of assemblies , and reabjured in the solemn league & covenant , and in the solemn acknowledgment of ●ins & engagment to duties , where also we came under sacred & inviolable engagments , to endeavour the extirpation thereof : which doth clearly file the present countenancing & submitting to the prelatick curats , in receiving ordinances from them , among the grossest of defections ; being altogether inconsistent with these acts and constitutions & covenant-obligations to extirpate them , as much as the countenancing of popish priests were inconsistent therewith , being both equally covenanted to be extirpated . next , though in this period , tyrannie being in its retrograde motion , erastian supremacy was not so much contended for , and therefore not so much questioned as formerly , being held exploded with exsecration out of doors & out of doubt ; yet the testimony was still continued against it , in the uninterupted maintaining of the churches priviledges and freedom of assemblies , against all encroachings of adversaries . and therefore the embracing of the late detestable indulgences , were as contrary to the actings of this as to the testimonies of the former period , against the supremacy from which they flow . yea many particulars , might be instanced , wherein the accepters had declined from the covenanted reformation then prosecuted ; not only in their confederating with malignant usurpers , for the pretended benefite of them ( by which , if there had been no more , they are obnoxious to the censure of the church , standing registred in an act of assembly , ordaining all persons in ecclesiastick office , for the like or lesser degrees of complyance , yea even for procuring protections from malignant enemies , to be suspended from their office & all exercise thereof at edinb . . sess , ) nor only in their taking sinfull instructions from them , restricting them in the exercise of their ministry ; but in admitting themselves , by their patronage , to be by them presented to their prelimited & preimposed congregations : which involves them in the iniquity of the abolished patronages , condemned by the assembly ; for that the ministry of such so presented , is made too much to depend upon the will & pleasure of man , and such an imposition is destructive of the church & peoples liberties , obstructive of the gospels freedom & faithful plainness , and occasion of much base flattery & partiality ; and in subjecting to , homologating , & fortifying a sacrilegions supremacy , overturning the intrinsick power of the church , contrare to the covenant obliging to the preservation of the government , as well as to the doctrine of the church , in the first article thereof ; and in their suffering themselves , either directly or indirectly , either by combination , persuasion , or terror , to be divided & withdrawn from that blessed union & conjunction , which they were obliged to maintain & promove , according to the th art. of the solemn league & covenant ; and in their strengthening the erastian usurpations of enemies encroaching upon the churches liberties and christs prerogatives , against which wer are engaged expressly in the solemn acknowledgment of sins and engagment to duties , where also we have these words art. . because many have of late laboured to supplant the liberties of the church , we shall maintain & defend the church of scotland , in all her liberties & priviledges , against all who shall oppose or undermine the same , or encroach thereupon under any pretext whatsomever , next , we have many demonstrations of the zeal & strictness of these servants of christ , in their synodical determinations of censures , to be past upon many ministerial corruptions ; which will condemn the present course of covering & countenancing them , and commend the contendings of a poor reproached party against them , in their consciencious abstracting from them . of which determinations , i shal rehearse some . among the enormities & corruptions of the ministrie , in their callings , this is one , § . . . silenee in the publick cause — some accounting it a point of wisedom to speak ambiguously — whereof the remedie is § . . that beside all other scandals , silence or ambiguous speaking in the publick cause — be seasonably censured , gen. ass. at edinb . iunij . . there is indeed an act against withdrawers from ministers : but in the self same act , they are charged to be diligent in fulfilling their ministrie , to be faithful in preaching , declaring the whole counsel of god , and as they have occasion from the text of scripture to reprove the sins & errors , and press the duties of the time , and in all these to observe the rules prescribed by the acts of assembly , wherein if they be negligent , they are to be censured , gen , ass. edinb . aug. . . sess. . then there is that act , august . . sess. . for censuring ministers for their silence , and not speaking to the corruptions of the time ; calling it , a great scandal , through some ministers their reserving & not declaring themselves against the prevalent sins of the times ; appointing , that all that do not apply their doctrine to these corruptions , which is the pastoral gift , and that are cold or wanting of spiritual zeal , dissembling of publick sins , that all such be censured even to deprivation ; for forbearing or passing in silence the errors & exorbitancies of sectaries in england , or the defections current at home , the plots & practises of malignants , the principles & tenents of erastianisme ; and if they be found too sparing , general , or ambiguous in their applications & reproofs , and continuing so , they are to be deposed , for being pleasers of men rather than servers of christ , for giving themselves to a detestable indifferency or neutrality in the cause of god , for defrauding the souls of people , yea for being highly guilty of the blood of souls , in not giving them warning . and in that seasonable & necessary warning of the gen. ass. edinb . iuij . . sess. . we are taught how they resented the unfaithfulness of ministers continuing in defections , and how we are to look upon them & carry to them : where they say ; it is undenyably true , that many of the evils , wherewith this church & kingdom hath been afflicted in our age , have come to pass because of the negligence of some and corruptions of others of the ministrie ; and the course of backsliding was carryed on , untill it pleased god to stir up the spirits of these few , who stood in the gap , to oppose & resist the same , and to begin the work of reformation in the land ; since which time , the silence of some ministers , & the complyance of others , hath had great influence upon the backslidings of many amongst the people , who , upon the discovery of the evil of their way , complain that they got not warning , or that if they were warned by some , others held their peace , or did justify them in the course of their backsliding : we can look upon such ministers no otherwise , than upon these that are guilty of the blood of the lords people , and with whom the lord will reckon , for all the breach of covenant & defection that hath been in the land ; the priests lips should preserve knowledge , and they should seek the law at his mouth , for he is the messenger of the lord of hosts , but such as are departed out of the way , and have caused many to stumble at the law , therefore hath the lord made them contemptible before all the people , according as they have not kept his wayes , but have been partial in his law , because they have lost their savour , he hath cast out many of them as unsavoury salt . further more , to evidence the purity & power of zeal burning & blazing in these dayes , in their contendings against publick enemies on all hands , i shall instance some of their acts & testimonies , clearly condemning the manifold complyances of this generation , and which may contribute somewhat to justifie the reproached preciseness of a remnant , standing at the furthest distance from them . there is an act for censuring the complyers with the publick enemies of this church & kingdom , gen. ass. edinb . iunij . . sess. . where , they judge it a great & scandalous provocation , & grievous defection from the publick cause , to comply with these malignants ( such as iames graham then was ) in any degree , even to procure protections from them , or to have invited them to their houses , or to have drunk iames graham his health , or to be guilty of any other such gross degrees of complyance ; censured to be suspended from the communions , ay & while they acknowledge their offence . and yet now , for refusing these degrees of complyance , for not having the protectior of a pass from the wicked courts of malignant enemies , by taking a wicked oath , and for refusing to drink the kings health , a greater enemy then ever iames graham was , some poor conscientious people have not only been murdere● by enemies , but mocked & condemned by professores . there is an act likewise , & declaration against all new oaths or bonds in the common cause imposed without consent of the church gen. ass. edinb . iuly . . sess. . enjoining all the members of the church to forbear the swearing or subscribing any new oaths or bonds , in this cause , without advice & concurrence of the church , especially any negative oaths or bonds , which may any way limit or restrain them in the duties whereunto they are obliged , by national or solemn league & covenant . yet now , for refusing oaths , not only limiting in covenanted duties , but contradicting & condemning many material principles of the covenanted reformation , many have not only lost their lives , but also have been condemned , by them that are at ease having a wider conscience to swallow such baits . it is known how pertinacious the most faithful in those dayes were , in their contendings against associations , in any undertaking for the cause , with persons disaffected to the true state thereof . i need not give any account of this , were it not that now that principle is quite inverted ; and poor adherers to it , for their abstracting & substracting their concurrence with such promiscuous associations , are much hated & flouted ; therefore i shall give some hints of their sentiments of them . in their answer to the committee of estates , iulij . . sess. . the gen. assembly sayes , it was represented to the parliament , that for securing of religion it was necessary , that the popish , prelatical , & malignant party , be declared enemies to the cause upon the one hand , as well as sectaries upon the other , and that all associations either in forces or counsels , with the former as well as with the latter , be avoided . and in their declaration concerning the present dangers of religion , especially the unlawful engagment in war , iulij , ult . . sess. . they say , suppose the ends of that engagment be good ( as they are not ) yet the means & wayes of prosecution are unlawful ; because there is not an equal avoiding of rocks on both hands , but a joining with malignants to suppress sectaries , a joining hands with a black devil to beat a white devil ; they are bad phisicians who would so cure one disease , as to breed another as evil or worse — we find in the scriptures condemned , all confederacies & associations with the enemies of true religion , whether canaanites exod. . . and . , . deut. . . or other heathens . king. . , . more arguments against associations may be seen in that excellent discussion of this useful case , concerning associations & confederacies with idolaters infidels hereticks or any other known enemy of truth or godliness , by famous mr g. gillespie , published at that same time : whereunto is appended his letter to the commission of the general assembly , having these golden words in it , words fitly spoken in that season , when he was a dying , at the begining of the publick resolutions having heard of some motions & beginings of complyance , with these who have been so deeply engaged in a war destructive to religion & the kingdoms liberties , i cannot but discharge my conscience , in giving a testimony against all such complyance . i know & am perswaded , that all the faithful witnesses that gave testimony to the thesis , that the late engagment was contrary & destructive to the covenant , will also give testimony to the appendix , that complyance with any who have been active in that engagment is most sinful & unlawful . i am not able to express all the evils of that complyance , they are so many — but above all , that which would highten this sin even to the heavens is , that it were not only a horrid backsliding , but a backsliding into that very sin , vvhich vvas specially pointed at & punished by the prevailency of the malignant party , god justly making them thorns & scourges vvho were taken in as friends . alas ! shall we split twice upon the same rock ? yea run upon it , when god hath set a beacon on it ? yea i may say , shall we thus out face & out dare the almighty , by protecting his & our enemies , by making peace & friendship with them , when the anger of the lord is burning against them . i mus● here apply to our present condition , the words of ezrah . . — o happy scotland , if thow canst now improve & not abuse this golden opportunity ? but if thou help the ungodly , & love them that hate the lord , wrath upon wrath , and wo upon wo , shall be upon thee from the lord. whereunto is subjoined his dying testimony to the same purpose ; wherein are these words , , but if there shall be a falling back , to the sin of complyance with malignant ungodly men , then i look for the breaking out of the wrath of the lord , till there be no remedy . this was the warning of a worthy dying man. notwithstanding of which & many other warnings & witnessings , a course of complyance was commenced by the pulick resolutioners , and continued in to this day ; wherein that faithful warning of a dying servant of christ is verified . but before i leave this purpose , i must obviate an objection that some make use of for strengthening themselves in their incorporations & joinings at least in worship , with the corruptions of the time , and for condemning conscientious withdrawers ; that the godly in those dayes did not separate from the men of these complyances & defections , as many do now , to wit the protesting party did not withdraw from the publick resolutioners & associators with malignants . i answer , first , many & these the most godly & tender did withdraw , even from their oun ministers , and would have gone . or myles to hear a faithful minister at that time : yea ministers themselves , in the case of intrusion of the unfaithful , would have supplyed the paroch , as if the church had been vacant , and when they could not get access to the pulpit , they preached in the fields , on purpose to witness against , and professedly to withdraw the people from such an unfaithful intruder ; as might be instanced particularly for time & place , if need were . but next , the church then , though broken by division , and under the subjection of strangers deprived of her general assemblies , yet was in a constitut case , enjoying the priviledge , power & order of synods & presbyteries , to whom the people offended with their ministers might address themselves , for an orderly redress , and removal of these scandals in an ordinary way ; and so they needed not assume to themselves that power to regulate their communion , that in a broken state , as now is , must be allowed to them . and besides , both the ministers at that time who were faithful , though they might have proceeded to censure & silence the corrupt party as they were obliged , yet not only found it difficult by reason of the injury of the times ; but also thought it best to spare them , and the people to bear them , as burdens ; untill , as they were still in hopes , they should obtain a general assembly to take order with them but now it is not so . and then the defection was but begining , and people did not know and could not expect it would go such a length , and therefore could not fall upon the rigor of that duty , which such disorders call for at first : but if they had seen where these beginings would land them at length , i doubt not but they would have resisted those beginings , in such a way as would have precluded this imputation of novelty upon our necessitated with drawings . iii. we have in this period , not only an illustrious testimony for the principle , but a continued and unintermitted putting into practice the duty of defensive armes , in resisting the soverain power , malversing & abusing authority to the destruction of the ends of it ; which resistence was avowed , encouraged , & furthered by the general assembly , both for the defence of themselves , and for the help of their brethren in england . take one expression in their solemn & seasonable warning to all ranks feb. . . sess . unless men will blot out of their hearts the love of religion & cause of god , and cast off all care of their country , lawes , liberties &c. ( all being in visible danger of present ruine & destruction ) they must now or never appear actively , each one stretching himself to , yea beyond his power . it is no time to dally , or to go about the business by halfs , nor be almost but altogether zealous : cursed is he that doeth the work of the lord negligently . if we have been forward to assist our neighbour kingdoms , shall we neglect to defend our oun ? or shall the enemies of god be more active against his cause , than his people for it ? god forbid . in another seasonable & necessary warning iuly . . sess. . they say , but if his maj. or any having or pretending power & commission from him , shall invade this kingdom , upon pretext of establishing him in the exercise of his royal power ; as it will be an high provocation against god , to be accessory or assisting there to , so it will be a necessary duty to resist & oppose the same . these fathers could well distinguish , between authority and the person abusing it : and were not so loyal , as now their degenerate children are ambitious to shew themselves , stupidly stouping to the shaddow thereof , and yet will be called the only asserters of presbyterian principles . but we find , they put it among the characters of malignants , to confound the kings honour & authority with the abuse & pretence thereof , and with commissions , warrants , & letters , procured from the king by the enemies of the cause & covenant , as if we could not oppose the latter , without increaching upon the former . but here , an objection or two must be removed out of the way , before we go forward . one is , from the third atticle of the covinant ; where there seems to be a great deal of loyaltie , obliging to defend the kings maj. his person & authority , in the preservation & defence of the true religion & liberties of the kingdoms , that the world may bear witness with our consciences of our loyaltie , and that we have no thoughts or intentions to diminish his majesties just power & greatness . i ans. there is indeed a deal of loyaltie there , and true loyaltie , because lawfully limited , being qualified with & subordinate unto the preservation & defence of the true religion & liberties of the kingdom ( as the makers of the covenant do expound it , in the assembles declaration against the unlawful eugagment iuly ult . . sess. . ) not that reverse loyaltie , which makes duties to god conditional & limited , and duties to thee king absolute & unlimited , as our loyalists do now . and i wish others were free of it , who have sworn oaths of unlimited alledgiances , to maintain the king in any power unto which his force aspires ; and to justify this their loyaltie , will bring in this article of the covenant with a distorted sense , reading it backward , that we in the preservation & defence of religion must preserve & defend the king : as if religion obliged to defend him , do what he will. it were better such pretended covenanters , denyed the covenant , than to be such a reproach to it , in wresting its genuine sense . but i have adduced the sense of the best interpreters of it , the general assembly . next when they entered under the bond of this covenant , they did it with a purpose to oppose all his invasions upon religion & the liberty of the people , and to vindicate these precious interests from his usurpings , into a state of liberty : and shall we imagine , that that very oath of god did lay upon them or us an obligation , to defend the person who is a destroyer of all these , contrary to the very nature of the oath , contrare to the scope of the covenanters , and contrary to their subsequent practise ? but then it will be urged , why then was that clause cast into the covenant ? i answer we have not the same cause to keep it , as they had some cause to put it in , with accommodation to the present possessor of the soveraignity . the ouning of it in our circumstances would be as great a reproach to us , as the want of it was to them in theirs . they put in the words , to prevent the worlds mistake , and to remove that odium industriously heaped upon the heads of those , whose hearts were associate in the defence of religion & liberty , therefore they would profess they would not be disloyal while he was for god. and a defiance may be given to clamour , & calumnie it self , to give one instance of the defect of performance hereof , while he went not about to ruine those things , incomparably more precious then his person or authority , and in ruining whereof no person can retain authority . iv. but now two things will chiefly be desiderated , which now we oune in our testimony , for which many have dyed , that seem not to be confirmed by or consistent with the testimony of this period . one is , that we not only maintain defensive resistance , but in some cases vindictive & punitive force , to be executed upon men that are bloody beasts of prey , and burdens to the earth , in cases of necessity , when there is no living for them . this principle of reason & natural justice , was not much inquired into in this time ; when the sun was up , whose warmth & light made these beasts creep into their dens , and when they , being brought under subjection , could not force people into such extraordinary violent courses when the ordinary & orderly course of law was running in its right channel . yet from the ground of their ordinary procedure , military & civil , against such monsters , we may gather the lawfullness of an ordinary procedure in a pinch of necessity , conforme to their grounds : i hope to make this evident , when i come ex proposito to vincicate this head . but there is another thing that we onne , which seems not to have been known in these dayes , viz. that when we are required to oune the authority of the present dominator , we hold sinful to oune it . yet we find these reverend & renouned fathers ouned king charles i. and did not refuse the succession of charles ii. i shall answer in order . first , as to king charles the first , there was a great difference betuixt him and his sons that succeeded ; he never declared parliamentarely that neither promises , contracts , nor oaths should bind him , as the first of his perfidious sons did ; it might have been then presumed , if he had engaged so far for promoving the work of god , he would have been a man of his word ( for to say a king of his word , is antiquitate in a good sense , except that it means he is as absolute in his word as in his sword , and scorns to be a slave to it ) neither professed he himself a papist , as the second son hath done : again it must be granted , that more might have been comported with in the begining , when there were some hopes of redress , than after such process of time ; whereby now we see & feel beyond all debate , that the throne stands and is stated , not only in opposition to , but upon the ruines of the rights & priviledges both of religion & liberty . but was not the equivalent done by the church , anno . when they refused to concur with that unlawful engagment , for restoring of the king , till security be had , by solem oath under his hand & seal , that he shall for himself & successors , give his assent to all acts & bills for enjoining presbyterial government , and never make opposition to it , nor endeavour any change thereof ? iulij ult . . sess , . but it will be said , that in their renewing the covenant that year , they did not leave out that article . true , thereby they stopped the mouths of their adversaries : and then they were not without hopes , but that in his straits he might have proved a manasseh taken among the thornes . and the covenanters at that time , not being clear that he had done that which ipso jure made him no magistrate , chused rather while matters stood so to ingage to maintain him , than simply to disoune him ( which yet our forefathers did upon smaller grounds many times ) in the hopes of being prevailed with at last . but when they saw that this proved ineffectual , therefore at the coronation of the new king they made the covenanted interest the sole basis upon which alone authority was conferred upon him . for the second , though they did not refuse the succession of charles the second ( which vvas their blame and our bane , of vvhich vve may blush this day ) yet vve find many things in that transaction vvhich justifie our disouning of him , and condemn the ouning of the present possessor . ( . ) in that seasonable & necessary warning iulij . sess. . vvhereas many vvould have admitted his maj. to the exercise of his royal povver , upon any termes vvhatsoever : the assembly declares first ; that a boundless & illimited povver is to be acknovvledged in no king nor magistrate ; neither is our king to be admitted to the exercise of his povver , as long as he refuses to vvalk in the administration of the same , according to this rule . secondly , that there is a mutual stipulation & obligation betvveen the king & the people , as both of them are tyed to god , so each of them are tyed to one another , for the performance of mutual & reciprocal duties ; accordingly kings are to take the oath of coronation , to abolish popery & maintain the protestant religion : as long therefore as the king refuses to engage & oblige himself for security of religion & safety of his people , it is consonant to scripture & reason and lavves of the kingdom , that he should be refused . thirdly , in the league & covenant the duty of defending & preserving the king , is subordinate to the duty of preserving religion & liberty : and therefore , he standing in opposition to the publick desires of the people for their security , it vvere a manifest breach of covenant , and a preferring the kings interest to the interest of jesus christ , to bring him to the exercise of his povver . fourthly , that it vvas for restraint of arbitrary government , and for their just defence against tyranny , that the lords people did join in covenant , and have been at the expence of so much blood these years past ; and if he should be admitted to the government before satisfaction , it vvere to put in his hand that arbitrary povver , and so to abandon their former principles , and betray the cause . fifthly , that he , being admitted before satisfaction , vvould soon endeavour an overturning of the things vvhich god hath wrought , and labour to dravv publick administrations , concerning religion & liberty , into that course & channel in vvhich they did run under prelacy , and before the work of reformation . whence they warn that every one take heed of such a snare , that they be not accessery to any such design , as they would not bring upon themselves & their families , the guilt of all the detriment that will undoubtedly follow thereupon , of all the miseries it will bring upon the kingdoms — and therefore who soever attempt the same , oppose themselves to the cause of god , and will at last dash against the rock of the lords power , which hath broken in pieces many high & lofty ones , since the begining of the work in the kingdoms . ( ) i shall here insert the act of the west-kirk , declaring their mind very manifestly . west kirk . august . . . the commission of the general assembly , considering that there may be just ground of stumbling , from the k. maj. refusing to subscribe & emitt the declaration , offered to him by the committee of estates and the commission of the general assembly , concerning his former carriage & resolutions for the future , in reference to the cause of god and the enemies & friends thereof ; doth therefore declare , that this kirk & kingdom doth not oune or espouse any malignant party , or quarrel , or interest , but that they fight meerly upon their former grounds & principles , and in the defence of the cause of god and of the kingdom , as they have done these twelve years past : and therefore , as they disclaim all the sin & guilt of the king and of his house , so they will not oune him nor his interest , otherwise than with a subordination to god , and so far as he ounes & prosecutes the cause of god , and disclaims his & his fathers opposition to the work of god , and to the covenant , and likewise all the enemies thereof ; and that they will with convenient speed take unto consideration the papers , lately sent unto them by oliver cromwel , and vindicate themselves from all the falshoods contained therein ; especially in these things wherein the quarrel betwixt us & that party is mistated , as if we ouned the late kings proceedings , and were resolved to prosecute & maintain his present maj. interest , before & without acknowledgment of the sin of his house and former wayes , & satisfaction to gods people in both kingdoms . a. ker . aug. . . the committe of estates , having seen & considered a declaration of the commission of the general assembly , anent the stating of the quarrel wherein the army is to fight , do approve the same , and heartily concur therein . tho : henderson . in the ( ) place : it is specified in the causes of wrath , as one of the steps of defection , art. . step. . that a treaty should have been closed with him , upon his subscribing demands , after he had given many clear evidences of his disaffection & enmity to the work & people of god : that these demands , which he was required to subscribe , did not contain a real security , a real abandoning of former malignant courses & principles , and cleaving to the work of god ; it was not a paper or verbal security , which we were bound to demand of him , but a real one ; and to intrust him without this , was but to mock god , and deceive the world , and to betray & destroy our selves , by giving up all precious interests of religion & liberty unto the hands of one , who was in a course of enmity to them : that both before , and in the mean time of the treaty , he had given evidence of his enmity in many instances , there condiscended upon particularly ; that he authorized iames graham to invade this kingdom , and incouraged him by letters to go on in that invasion , even whilest he was in termes of a treaty with us , as appeared by bringing into our hands the authentick commission it self , and sundry letters under his own hand . next , in the same causes of wrath , among the sins of the ministrie , in relation to the publick , § . , , , . that they agreed to receive the king to the covenant , barely upon writing , without any apparent evidences of a real change of principle : that they did not use freedom , in showing what was sinful in reference to that treaty , but went on therein when they were not satisfied in their consciences , for fear of reproach & of being mistaken : that they were silent in publick , and did not give testimony , after a discovery of the kings commission to iames graham for invading the kingdom : that they pressed the king to make a declaration to the world , whilst they knew by clear evidences that he had no real conviction of the things contained therein . period . vi. containing the testimony through the continued tract of the present deformation from the year . to this day . now comes the last catastrophe of the deformation of the church of scotland , which now renders her to all nations as infamously despicable , as her reformation formerly made her admired & envied ; which in a retrograde motion hath gradually been growing these years , going back through all the steps by which the reformation ascended , till now she is returned to the very border of that babylon , from whence she took her departure , and reduced through defection , & division , and persecutions , to a confused chaos of almost irreparable dissolution , and unavoidable desolation . through all which steps notwithstang , to this day , scotland hath never wanted a witness for christ , against all the various steps of the enemies advancings , and of professed friends declinings : though the testimony hath had some singularities , some way discriminating it from that of former periods ; in that it hath been more difficult , by reason of more desperate & dreadful assaults of more enraged enemies , more expert & experienced in the accursed art of overturning than any formerly ; in that it hath been attended with more disadvantages , by reason of the enemies greater prevalency , and friends deficiency , and greater want of significant assertors , than any formerly ; in that it hath been intangled in more multifarious intricacies , of questions , and debates , and divisions among the assertors themselves , making it more dark , and yet in the end contributing to clear it more than any formerly ; in that it hath been intended & extended to a greater measure , both as to matter & manner of contendings against the adversaries , and stated upon nicer points ; more enixely prosecuted & tenaciously maintained , & sealed with more sufferings , than any formeriy ; in that it hath had more opposition & contradiction , and less countenance from professed friends to the reformation , either at home or abroad , than any formerly . and yet it hath had all these several specialities together , which were peculiar to the former testimonies , in their respective periods : being both active & passive , both against enemies & friends ; and in cumulo stated against atheisme , popery , prelacy , & errastian supremacy , which were the successive heads of the former testimonies , and also now extended in a particular manner against tyrannie . and not only against the substance & essence of these in the abstract , but against substance & circumstance , abstract & concret root & branch , head & tail of them , and all complying with them , conforming to them , or countenancing of them , or any thing conductive for them , or deduced from them , any manner of way , directly or indirectly , formally or interpretatively . this is that extensive and very comprehensive testimony of the present period , as it is now stated & sealed with the blood of many : which in all its parts , points & pendicles is most directly relative , and dilucidly reducible , to a complex witness for the declarative glory of christs kingship and headship over all , as he is god and as he is mediator , which is the greatest concern that creatures have to contend for , either as men or as christians . the matter of this testimony , i shall give a short manuduction to the progress & result of its managment . during the exile of the royal brothers , it is undenyably known that they were , by their mothers caresses and the jesuites allurements , seduced to abjure the reformed religion ( which was easie to induce persons to that never had the sense of any religion ) and to be reconciled to the church of rome : and that , not only they wrote to the pope many promisses of promoting his projects , if ever they should recover the power into their hands again , and often frequented the mass themselves ; but also , by their example and the influence of their future hopes , prevailed with many of their dependents & attendants abroad , to do the like . yet it is also unquestionably known , that in the mean time of his exile , ●e renewed & confirmed , by private letters to presbyterians , his many reiterated engagments to adhere to the covenant , and declared that he was & would continue the same man , that he had declared himself to be in scotland ( wherein doubtless , as he was an expert artist , he equivocated , and meant in his heart he would continue as treacherous as ever ) which helped to keep a loyal impression of his interest in the hearts of too many , and an expectation of some good of him , of which they were ashamed afterwards . and immediatly before his return , it s known what promises are contained in that declaration from breda ( from whence he came also the second time , with greater treachery than at the first ) to all protestants that would live peaceably under his government ; begining now to weigh out his perfidie , & perjurie , & breach of covenant , in offering to tolerote that in an indulgence , which he swore to maintain as a duty . but in all this he purposed nothing , but to ingyre & ingratiate himself into the peoples over credulous affections , that they might not obstruct his return , which a jealousie of his intended tyrannie would have awakened them to withstand . and so having seated himself , and strengthened his power against the attemptings of any , whom his conscience might suggest an apprehension that they ought to resist him , he thought himself discharged from all obligations of covenants , oaths , or promises , for which his faith had been pledged . and from the first hour of his arrival , he did in a manner set himself to affront & defy the authority , of god , and to be revenged upon his kingdoms for inviting him so unanimously to sway their scepter ; in polluting & infecting the people with all debaucheries & monstrous villanies ; and commencing his incestous whoredoms that very first night he came to his palace , wherein he continued to his dying day outvying all for vileness . yet he went on deluding our church with his dissimulations , and would not discover all his wickedness hatched in his heart at first , till his designs should be riper ; but directed a letter to the presbyterie of edinburgh , declaring he was resolved to protect & preserve the government of the church of scotland , as it is settled by law without violation : wherein it was observed he altered the stile , and spake never a word of the covenant , our magna charta of religion & righteousness , our greatest security for all interests intrusted to him , but only of law ; by which , as his practice expounded it afterwards , he meant the prelatical church , as it was settled by the law of his father , since which time he reckoned there was no law but rebellion . this was a piece & preludie of our base defection , & degeneration into blind , blockish , & brutish stupidity ; that after he had discovered so much perfidie , we not only at first tempted him to perjurie , in admitting him to the crown , upon his mock-engagment in the covenant , whereby god was mocked , his spirit was grieved , his covenant prostituted , the church cheated , & the state betrayed ; but after the lord had broken his yoke from off our necks , by sending him to exile ten years , where he was discovered to be imbibing all that venome & tyrannical violence , which he afterward vented in revenge upon the nations ; and after we had long smarted for our first transaction with him ; yet not withstanding of all this , we beleeved him again , and issachar-like couched under his burdens , and were so far from withstanding , that we did not so much as witness against the readmission & restauration of the head & tail of malignants , but let them come in peaceably to the throne , without any security to the covenanted cause , or for our civil or religious interests , and by piece meal , at their oun ease , leasure & pleasure , to overturn all the work of god , and reintroduce the old antichristian yoke of abjured prelacy , and blasphemous sacrelegious supremacy , and absolute arbitrary tyrannie with all their abominations : which he , and with him the generality of our nobility , gentry , clergy , & commonality by him corrupted , without regard to faith , or fear of god or man , did promote & propogate , until the nation was involved in the greatest revolt from , & rebellion against god , that ever could be recorded in any age or generation ; nay attended with greater & grosser aggravations , than ever any could be capable of before us , who have had the greatest priviledges that ever any church had ; since the national church of the iewes , the greatest light ; the greatest effects of matchless magnified love , the greatest convictions of sin , the greatest resolutions & solemn engagments against it , and the greatest reformation from it , that ever any had to abuse & affront . o heavens be astonished at this , & horribly afraid ! for scotland hath changed her glory , and the crown hath fallen from off her head , by an unparalelled apostasie , a free & voluntary , vvilfull & deliberate apostasie , an avoued & declared & authorized apostasie , tyrannically carried on by militarie violence & cruelty , a most universal & every vvay unprecedented apostasie ! i must a litle change my method , in deducing the narration of this catastrophe , and subdistinguish this unhappie period into several steps ; shevving hovv the enemies opposition to christ advanced , and the testimony of his witnesses did gradually ascend , to the pitch it is novv arrived at . i. these enemies of god , having once got footing again , with the favour and the fawnings of the foolish nation , went on fervently to further and promote their wicked design : and meeting with no opposition at first , did encourage themelves to begin boldly . wherefore , hearing of some ministers peaceably assembled , to draw up a monitory letter to the king , minding him of his covenant engagments & promises ( which was though weak , yet the first witness & warning against that heaven-daring wickedness then begun ) they cruelly incarcerate them . having hereby much daunted the ministry from their duty in that day , for fear of the like unusual & outragious usage . the parliament conveens ianuar. . . without so much as a protestation for religion & liberty given in to them . and there , in the first place , they frame & take the oath of supremacy , exauctorating christ , and investing his usurping enemy with the spoils of his robbed prerogative , acknowledging the king only supreme governour over all persons & in all causes , and that his power & iurisdiction must not be declined . whereby under all persons & all cause● , all church officers , in their most properly ecclesiastick affairs & concerns of christ , are comprehended : and if the king shall take upon him to judge their doctrine , worship , discipline , or government , he must not be declined as an incompetent judge . which did at once enervate all the testimony of the th period above declared , and laid the foundation for all this babel they have built since , and of all this war that hath been waged against the son of god , and did introduce all this tyrannie & absolute power which hath been since carried to its complement , and made the kings throne the foundation of all the succeeding perjurie & apostasie . yet , though then our synods & presbytries , were not discharged , but might have had access in some concurrence to witness , against this horrid invasion upon christs prerogative and the churches priviledge , no joint testimony was given against it , except that some were found witnessing against it in their singular capacity by themselves . as faithful mr iames guthrie , for declining this usurped authority in prejudice of the kingdom of our lord jesus , suffered death , and got the martyrs crown upon his head : and some others , for refusing that oath arbitrarly imposed , were banished or confined , when they had gained this bulwark of christs kingdom ; then they waxed more insolent , and set up their ensigns for signs , and broke doun the carved work of reformation with axes & hammers . in this parliament . they past an act rescissorie , whereby they annulled & declared void the national covenant , the solemn league & covenant , presbytrial government , and all lawes made in favours of the work of reformation , since the year . o horrid wickedness ! both in its nature so attrocious , to condemn & rescind what god did so signally seal as his oun work , to the conviction of the world , and for which he will rescind the rescinders , and overturn these overturners of his work , and make the curse of that broken covenant bind them to the punishment , vvhom its bond could not oblige to the duty covenanted ; and in its design & end so base & detestable , for nothing but to flatter the king in making way for prelacy , tyranny , & popery , and to indulge the licenciousness of some debauched nobles ; who could not endure the yoke of christs government , and to suppress religion & righteousness under the ruines of that reformation . but o holy & astonishing justice , thus to recompense our way upon our own head ! to suffer this work & cause to be ruined under our unhappy hands , who suffered this destroyer to come in before it was so effectually secured , as it should not have been in the power of his hand ( whatever had been in his heart , swelled with enmity against christ ) to have razed & ruined that work as now most wickedly he did , and drew in so many into the guilt of the same deed , that almost the whole land not only consented unto it but applauded it ; by approving & countenancing another wicked act framed at the same time , by that same perfidious parliament for an anniversary thanksgiving commemorating every . of may , that blasphemy against the spirit & work of god , and celebrating that unhappy restauration of the rescinder of the reformation ; which had not only the concurrence of the universality of the nation , but ( alas for shame that it should be told in gath & c ! ) even of some ministers who afterwards accepted the indulgence ( one of which a pillar among them , was seen scandalously dancing about the bonefires . ) and others , who should have alarmed the whole nation quasi pro aris & focis , to rise for religion & liberty , to resist such wickedness , did wink at it . o how righteous is the lord now in turning our harps into mourning ! though alas ! we will not suffer our selves to this day , to see the shining righteousness of this retribution : and though we be scourged with scorpions , & brayed in a mortar , our madness , our folly in these irreligious frolicks , is not yet acknowledged let be lamented . yet albeit , neither in this day when the covenant was not only broken but cassed & declared of no obligation , nor afterward when it was burnt ( for which turks & pagans would have been ashamed & afraid at such a terrible sight , and for which the lords anger is burning against these bold burners , and against them who suffered it , and did not witness against it ) was there any publick testimony by protestation , or remonstrance , or an publick witness ? though the lord had some then , and some who came out afterward with the trumpet at their mouth , whose heart then sorrowed at the sight : and some suffered for the sense they shewed of that anniversary abomination , for not keeping which they lost both church & liberty . it s true the ordinary meetings of presbytries & synods were about that time discharged , to make way for the exercise of the new power conferred on the four prelats who were at court , reordained & consecrated thereby renouncing their former title to the ministry . but this could not give a discharge from a necessary testimony , then called for from faithful watchmen . however the reformation being thus rescinded & razed , and the house of the lord pulled doun , then they begin to build their babel . in the parliament anno . by their first act they restore & reestablish prelacy , upon such a foundation as they might by the same law bring in poperie , which was then designed ; and so settled its harbinger diocesan & erastiar prelacy , by fuller enlargment of the supremacy . the very act beginneth thus . for as much as the ordering & disposal of the external government of the church , doth properly belong to his maj. as an inherent right of the croun , by virtue of his royal prerogative , & supremacy in causes ecclesiastick — what ever shall be determined by his maj. with advice of the arch bishops , and such of the clergy as he shall nominate , in the external government of the church ( the same consisting with the standing lawes of the kingdom ) shall be valide & effectual . and in the same act all lawes are rescinded , by which the sole power & jurisdiction within the church doth stand in the church assemblies , and all which may be interpreted , to have given any church power , jurisdiction , or government to the office bearers of the church , other than that which acknowledgeth a dependence upon , & subordination to the soveraign power of the king as supreme . by which , prelats are redintegrated to all their priviledges & preheminencies , that they possessed anno . and all their church power ( robbed from the officers of christ ) is made to be derived from , to depend upon , and to be subordinate to , the croun prerogative of the king : whereby the king is made the only fountain of church power , and that exclusive even of christ , of whom there is no mentioned exception : and his vassals the bishops , as his clerks in ecclesiastiks , are accountable to him for all their administrations ; a greater usurpation upon the kingdom of christ , than ever the papacy it self aspired unto . yet , albeit here was another display of a banner of defyance against christ , in altering the church government of christs institution into the humane invention of lordly prelacy , in assuming a power by prerogative to dispose of the external government of the church , and in giving his creatures patents for this effect , to be his administrators in that usurped government ; there was no publick , ministerial , at least united testimony against this neither . therefore the lord punished this sinful & shamful silence of ministers , in his holy justice , though by mens horrid wickedness ; when by another wicked act of the council at glasgow , above ministers were put from their charges ; and afterwards , for their non-conformity in not countenancing their diocesan meeting , and not keeping the anniversary day may . the rest were violently thrust from their labours in the lords vineyard , and banished from their parishes , and adjudged unto a nice & strange confinement , twenty miles from their oun parishes , six miles from a cathedral church as they called it , and three miles from a burgh ; whereby they were reduced in to many inconveniencies . yet in this fatal convulsion of the church , generally all were struck with blindness & baseness , that a paper-proclamation made them all run from their posts , and obey the kings orders for their ejection . thus were they given up , because of their forbearing to sound an alarm , charging the people of god , in point of loyaltie to christ , and under the pain of the curse of the covenant , to a wake and acquit themselves like men , and not to suffer the enemie to rob them of that treasure of reformation , which they were put in possession of , by the tears , prayers , & blood of such as went before them ; instead of those prudential fumblings , & fisflings then & since so much followed . wherefore the lord in his holy righteousness , left that enemie ( against whom they should have cried & contended , and to whose eye they should have held the curse of the covenant , as having held it first to their oun , in case of unfaithful silence in not holding it to his ) to cast them out of the house of the lord , and dissolve their assemblies , and deprive them of their priviledges , because of their not being so valiant for the truth , as that a ful & faithful testimony against that encroachment might be found upon record . nevertheless somewere found faithful in that hour & pour of darkness , who kept the word of the lords patience , and who were therefore kept in & from that tentation ( which carried many away into sad & shamful defections ) though not from suffering hard things from the hands of men ; & only these who felt most of their violence , found grace helping them to acquit themselves suitably to that dayes testimony , being thereby prevented from an active yeelding to their impositions , when they were made passively to suffer force . however that season of a publick testimony was lost , and as to the most part never recovered to this day . the prelats being settled , & readmitted to voice in parliament , they procure an act , dogmatically condemning several material parts & points of our covenanted reformation , to wit , these positions that it was lawful for subjects , for reformation or necessary self defence , to enter into leagues , or take up armes , against the king : and particularly declaring that the national covenant , as explained in the year . and the solemn league & covenant , were & are i● themselves unlawful oaths , and were taken by & imposed upon the subjects of this kingdom against the fundamental lawes & liberties thereof , that all such gatherings & petitions , that were used in the begining of the late troubles , were unlawful & seditious : and whereas then people were led unto these things , by having disseminated among them such principles as these , that it was lawful to come with petitions & representations of grievances to the king , that it was lawful for people to restrict their allegiance under such & such limitations , and suspend it untill he should give security for religion &c. it was therefore enacted , that all such positions & practices founded thereupon , were treasonable — and furder did enact ▪ that no person , by writing , praying , preaching , or malicious or advised speaking , express or publish any words or sentences , to stir up the people to the dislike of the kings prerogative & supremacy , or of the government of the church by bishops , or justifie any of the deeds , actings , or things declared against by that act. yet not withstanding of all this subversion of religion & liberty , and restraint of asserting these truths here trampled upon either before men by testimony , or before god in mourning over these indignities done unto him , in everting these & all the parts of reformation , even when it came to daniels case of confession , preaching & praying truths interdicted by lavv ; fevv had their eyes open ( let be their vvindovvs in an open avouching them ) to see the duty of the day calling for a testimony . though aftervvards , the lord spirited some to assert & demonstrate the glory of these truths & duties to the vvorld . as that judicious author of the apologetical relation , vvhose labours need no elagium to commend them . but this is not all : for these men , having novv as they thought subverted the work of god , they provided also against the fears of its revival : making acts , declaring , that if the outed ministers dare to continue to preach , and presume to exercise their ministrie , they should be punished as seditious persons ; requiring of all a due acknowledgment of , & hearty complyance with , the kings government ecclesiastical & civil ; and that who soever shall ordinarly & wilfully withdraw & absent from the ordinary meetings for divine worship in their ou● churches on the lords day , shall incur the penalties there insert . thus the sometimes chast virgin , whose name was beulah to the lord , the reformed church of scotland , did now suffer a violent & villanous rape ; from a vermine of vile schismatical apostates , obtruded & imposed upon her , instead of her able , painful , faithful & succeseful pastors , that the lord had set over her , and now by their faintness & the enemies force robbed from her ; and none now allowed by law to administer the ordinances , but either apostate curats , who by their perjurie & apostacy forfaulted their ministry , or other hirelings & prelat● journey-men , who run without a mission except from them who had none to give according to christs institution , the seal of whose ministry could never yet be shown in the conversion of any sinner to christ : but if the tree may be known by its fruit● , we may know whose ministers they are ; ut ex ungue leonem , by their conversions of reformation into deformation , of the work & cause of god into the similitude of the roman beast , of ministers into hirelings , of their proselytes into ten times worse children of the devil then they were before , of the power of godlyness into formality , of preaching christ into orations of morality , of the purity of christs ordinances into the vanity of mens inventions , of the beautiful government of the house of god for edification , to a lordly preheminence & domination over consciences , in a word of church & state constitutions for religion & liberty all up side doun into wickedness & slavery : these are the conversions of prelacy . but now this astonishing blow to the gospel of the kingdom , introducing such a swarm of locusts into the church , and in forcing a complyance of the people with this defection , and that so violently & rigorously , as even simple withdrawing was so severely punished by severe edicts of fyning , & other arbitrary punishments at first ; what did it produce ? did it awaken all christs ambassadours , now to appear for christ , in this clear & clamant case of confessing him , and the freedom & purity of his ordinances ? alas ! the backwardness & bentness to backsliding , in a superseding from the duties of that day , did make it evident , that now the lord had in a great measure forsaken them , because they had forsaken him. the standart of the gospel was then fallen , and few to take it up . the generality of ministers & professors both went & conformed so far as to hear the curats , contrary to many points of the reformation formerly attained , contrare to their covenant engagments , and contrare to their oun principles & practice at that same time ; scrupling and refusing to keep the bishops visitations , and to countenance their discipline & power of iurisdiction , because it was required as a testification of their acknowledgment of , & complyance with the present government , and yet not scrupling to countenance their doctrine & usurped power of order required also by the same law , as the same test of the same compliance & submission . it s strange that some yet doe plead for persisting in that same complyance , after all the bitter consequents of it . other ministers lay altogether by in their retired recesses , waiting to see what things would turn to : others were hopeless , turned farmers & doctors : others more wyllie , staid at home , & preached quietly in ladies chambe●● but the faithful thought that this tyrannical ejection did 〈◊〉 or could not unminister them , so as they might not prea●●● gospel where ever they were , as ambassadours of 〈◊〉 ; but rather found themselves under an indispensible necessity to preach the gospel and witness for the freedom of their ministry , and make full proof of it , in preaching in season & out of season : and thereupon as occasion offered preached to all such as were willing to hear ; but at first only in private houses , and that for the most part at such times , when sermons in publick surceased ( a superplus of caution . ) but afterwards , finding so great difficulties and persecutions for their house meetings , where they were so easily attrapped , were constrained at last to keep their meetings in the fields , without shelter from cold , wind , snow , or rain . where testifieing both practically & particularly against these usurpations on their masters prerogatives , and witnessing for their ministerial freedom , contrary to all law-interdictions , without any licences or indulgences from the usurper , but holding their ministry from jesus christ alone , both as to the office & exercise thereof ; they had so much of their masters countenance , & success in their labours , that they valued neither hazards nor hardships , neither the contempt of pretended friends , nor the laws nor threatnings of enemies , adjudging the penalty of death it self to preachers at field conventicles as they called them . now having thus overturned the church government , by introducing prelacy , to advance an absolute supremacy ; the effects whereof were either the corruption , or persecution of all the ministrie , encouragment of profanity & wickedness , the enerease & advancment of popery , superstition , & error , cruel impositions on the conscience , and oppressions for conscience sake , by the practices of cruel supra-spanish inquisitions , and all manner of outcryes of outragious violence & villany : the king proceeds in his design , to pervert & evert the wel modelled & moderated constitution of the state government also , by introducing & advancing an arbitrary tyranny ; the effects whereof were , an absolute mancipation of lives & liberties and estates unto his lust & pleasure , the utter subversion of lawes , and absolute impoverishin●● the people . for effectuating which , he first proc●● lasting imposition of intollerable subsidies & taxati●● , to impoverish that he might the more easily enslave the nation ; next a further recognizance of his prerogative , in a subjection of persons , fortunes , & whole strength of the kingdom to his absolute arbitrement , in a levy of militia of footmen , & horsemen sufficiently armed , with dayes provision , to be ready upon the kings call to march to any part of his dominions , for opposing whatsoever invasion , or insurrection , or for any other service . the first sproutings of tyrannie were cherished , by the cheerfull & stupid submission generally yeelded to these exorbitances ; under which they who suffered most were inwardly malecontents , but there was no opposition to them by word or action , but on the contrary , generally people did not so much as scruple sending out or going out as militia-men : never adverting unto what this concurrence was designed , & demanded , and given for ; nor what an accession it was , in the nature & influence of the mean it self , and in the sense & intention of the requirers , unto a confederacy for a complyance with , and a confirmation & strengthening of arbitrary tyrannie . after the fundamental constitutions of both church & state are thus razed & rooted up , to confirm this absolute power , he contrived to frame all inferior magistrats according to his mould : and for this end appointed , that all persons in any publick trust or office whatsoever should subscribe a declaration , renouncing & abjuring the covenants ; whereby perjurie was made the chief & indispensible qualification , and conditio sine qua non , of all that were capable of exercing any power or place in church or state. but finding this not yet sufficient security for this unsettled settlement ; because he wel understood , the people stood no ways obliged to acknowledge him but only according to the solemn covenants , being the fundamental conditions whereupon their allegiance was founded ( as amongst all people , the articles mutually consented betwixt them and these whom they set over them , are the constituent fundamentalls of government ) and wel knowing , that he & his associats , by violating these conditions , had loosed the people from all subjection , to him , or any deriving power from him , whereby the people might justly plead , that since he had kept no condition they were not now obliged to him , he therefore contrived a new oath of allegiance to be imposed upon all in publick trust both in church & state ; wherein they are made to oblige themselves to that boundless breaker of all bonds sacred & civil , and his successors also , without any reciprocal obligation from him to them , or any reserved restriction , limitation , or qualification , as all humane authority by gods ordinance must be bounded . whereby the swearers have by oath homologated the overturning of the very basis of the government , making free people slaves to the subverters thereof , betraying their native brethren & posterity to the lust of tyrannie , and have in effect as really as if in plain termes affirmed , that whatsoever tyrannie shall command or do , either as to the overturning of the work of god , subverting of religion , destroying of liberty , or persecuting all the godly to the utmost extremity , they shall not only stupidly endure it , but actively concur with it , and assist in all this tyrannie . alas there was no publick testimony against this trick , to bring people under the yoke of tyrannie ; except by some who suffered for consciencious refusing it , while many others did take it , thinking to salve the matter by their pitiful quibleng senses , of giving cesar his due . where as this cesar , for whom these loyal alleg●ers plead , is not an ordinary cesar , but such a cesar , nero , or caligula , that if he got his due , it would be in another kind . strange ! can presbyterians swear that allegiance , which is substitute in the place of the broken & burnt covenant ? or could they swear it to such a person , who having broken & buryed the covenant , that he who had sworn it might have another right and another allegiance than that of the covenant , had then remitted to us all allegiance founded upon the covenant ? however , having now prepared & furnished himself with tools so qualified for his purpose , in church & state , he prosecutes his persecution with such fervour & fury , rage & revenge , impositions & oppressions , and with armed formed force , against the faithful following their duty in a peaceable manner , without the least shadow of contempt even of his abused authority , that at length in the year , a small party were compelled to go to defensive armes . which , whatever was the desire of the court ( as it is known how desirous they have been of an insurrection , when they thought themselves sure to suppress it , that they might have a vent for their cruelty ; and how one of the brothers hath been heard say , that if he might have his wish , he would have them all turn rebells and go to armes . ) yet it wa● no predetermined design of that poor handful . for sir iames turner , pursuing his cruel orders in galoway , sent some souldiers to apprehend a poor old man ; whom his neighbours compassionating , intreated the souldiers to loose him as he lay bound , but were answered with drawen swords and necessitated to their own defence : in which they relieve the man , and disarm the souldiers , and further attacqued some others oppressing that countrey , disarming or more , and killing one that made resistence . whereupon , the countrey being alarmed , and fearing from sad experience sir iames would certainly avenge this affront upon the whole country , without distinction of free & unfree , they gather about horsemen , march to drumfreis , take sir iames turner prisoner , and disarm the souldiers , without any more violence . being thus by providence engaged without any hope of retreat , and getting some concurrence of their brethren in the same condition , they come to lanerk , where they renew the covenant ; and thence to pentland hills : where , by the holy disposal of god , they were routed , many killed , and taken prisoners , who were treated so treacherously & truculently , as turks would have blushed to have seen the like . hence now on the one hand , we may see the righteousness of god , in leaving that enemy to him , whom we embraced , to make such avowed discoveries of himself , without a blush to the world , and to scourge us with scorpions that we nourished and put in his hands : and also , how justly at that time he left us into such a damp , that like asses we couched under all burdens , and few came out to the help of the lord against the mighty , drawing on them meroz's curse , and the blood of their butchered brethren ; after we had sitten , & seen , and suffered all things civil & sacred to be destroyed in our sight without resentment . and though the lord , who called out these worthy patriots who fell at pentland to such an appearance for his interests , did take a testimony of their hands with acceptance by sufferings , and singularly countenanced them in sealing it with their blood ; yet he would not give success nor his presence to the enterprise , but left them in a sort of infatuation , without counsel & conduct , to be a prey to devourers , that by a sad inadvertency they took in the tyrants interest into the state of the quarrel . which should have warned his people for the future , to have stated the quarrel otherwise . ii. by this time ; and much more after , the king gave as many proofs & demonstrations of his being true to antichrist , in minding all the promises & treaties with him , as he had of his being false to christ , in all his covenant engagments with his people . for in this same year . he , with his dear & royal brother the duke of york , contrived , countenanced , & abetted , the burning of london , evident by their employing their guards to hinder the people from saving their oun , and to dismiss the incendiaries the papists , that were taken in the fact . the committee , appointed to cognosce upon that business , traced it fo far , that they durst go no further , unless they would arraign the duke , & charge the king , and yet before this it was enacted as criminal for any to say the king was a papist . but having gained so much of his design in scotland ; where he had established prelacy , advanced tyranny to the hight of absoluteness , and his supremacy almost beyond the reach of any additional supply , yea above the popes oun claim , and had now brought his only opposites , the few faithful witnesses of christ , to a low pass ; he went on by craft as wel as cruelty , to advance his oun in promoting antichrists interest . and therefore , having gotten the supremacy devolved upon him by law ( for which also he had the popes dispensation , to take it to himself for the time , under promise to restore & surrender it to him , as soon as he could attain his end by it , as the other brother succeeding hath now done ) he would now exert that usurped power , and work by infnaring policy to effectuate the end which he could not do by other means . therefore , seeing he was not able to suppress the meetings of the lords people for gospel ordinances , in house & fields , but that the more he laboured by violent courses the greater & more frequent they grew ; he fell upon a more craftie device , not only to overthrow the gospel and suppress the meetings , but to break the faithful , and to divide , between the mad-cap & the moderate fanaticks ( as they phrased it ) that he might the more easily destroy both ; to confirm the usurpation , and to settle people in a sinful silence & stupid submission to all the incroachments made on christs prerogatives , and more effectually to overturn what remained of the work of god. and , knowing that nothing could more fortifie the supremacy than ministers their homologating & acknowledging it ; therefore he offerd the first indulgence , anno . signifying in a letter , dated that year iune . his gracious pleasure was , to appoint so many of the outed ministers , as have lived peaceably & orderly , to return to preach & exercise other functions of the ministrie , in the paroch churches where they formerly served ( provided they be vacant ) and to allow patrons to present to other vacant churches , such others of them as the council should approve : that all who are so indulged , be enjoyned to keep presbytries , and the refusers to be confined within the bounds of their paroches : and that they be enjoined not to admitt any of their neighbour paroches unto their communions , nor baptize their children , nor marry any of them , without the allowance of the minister of the paroch , and if they countenance the people deserting their oun paroches , they are to be silenced for shorter or longer time , or altogether turned out , as the council shall see cause : and upon complaint made & verified , of any seditious discourse or expressions in the pulpit , uttered by any of the ministers , they are immediatly to be turned out , and further punished according to law : and seeing by these orders , all pretences for conventickles were taken away , if any should be found hereafter to preach without authority , or keep conventickles , his pleasure is , to proceed with all severity against them , as seditious persons & contemners of authority . to salve this in point of law ( because it was against former lawes of their oun ) and to make the kings letter the supreme law afterwards , and a valid ground in law , where upon the council might proceed , & enact , and execute what the king pleased in matters ecclesiastick ; he therefore caused frame a formal statutory act of supremacy , of this tenor. that his maj. hath the supreme authority & supremacy over all persons and in all causes ecclesiastick , within his dominions , and that by virtue thereof , the ordering & disposal of the external government of the church , doth properly belong to him & his successors , as an inherent right to the croun : and that he may settle , enact , & emitt such constitutions , acts , & orders , concerning the administrating therof , and persons employed in the same , and concerning all ecclesiastical meetings & matters , to be proposed & determined therein ; as he in his royal wisdom shall think fit : which acts , orders , & constitutions , are to be observed & obeyed by all his maj. subjects , any law , act , or custom to the contrary notwithstanding . where upon , accordingly the council , in their act iuli● . . . do nominate several ministers , and appoint them to preach , and exercise the other functions of the ministrie , at their respective churches there specified , with consent of the patrons . the same day also they conclude & enact the forementioned restrictions , conform to the kings letter above rehearsed , and ordain them to be intimat to every person , who is by authority foresaid allowed the exercise of the ministrie . these indulged ministers , having that indulgence given only upon these termes , that they should accept these injunctions , and having received it upon these termes also ( as an essential part of the bargain & condition , on which the indulgence was granted & accepted , as many following proclamations did expressly declare ) do appoint mr hutcheson , one of the number , to declare so much ; in acknowledging his maj. favour & clemency , in granting that liberty , after so long a restraint ; and however they had received their ministrie from jesus christ , with full prescriptions from him for regulating them therein , yet nothing could be more refreshing on earth to them , than to have free liberty for the exercise of their ministrie , under the protection of lawful authority : and so they purposed to be have themselves , in the discharge of the ministrie , with that wisdom that became faithful ministers , and to demean themselves towards lawful authority , notwithstanding of their known judgment in church affairs , as wel becometh loyal subjects ; and their prayer to god should be , that the lord should bless his maj. in his person & government , and the council in the publick administration , and especially in the pursuance of his maj. mind in his letter , wherein his singular moderation eminently appears . — afterwards they issued out proclamations , reinforcing the punctual observation of the forementioned injunctions , and delivered them into the indulged . in the mean time , though cruel acts & edicts were made against the meetings of the lords people , in houses & the fields , after all these midianitish wyles to suppress them ; such was the presence of the lord in these meetings , and so powerful was his countenance & concurrence with the labours of a few , who laid out themselves to hold up the standart of christ ; that the number of converts multiplyed dayly , to the praise of free grace , and to the great encouragment of the few hands that wrestled in that work , through all humane discouragment . therefore king & council was put to a new shift , which they supposed would prove more effectual : to wit , because there was a great number of non-conformed ministers not yet indulged , who either did or might hereafter hold conventickles , therefore , to remeed or prevent this in time coming , they appoint & ordain them to such places where indulged ministers were settled , there to be confined with allowance to preach as the indulged should employ them ; thinking by this means to incapacitate many to hold meetings there or elswere : and to these also they give injunctions & restrictions to regulate them in the exercise of their ministrie . and to the end that all the outed ministers might be brought under restraint , and the word of god be kept under bonds , by another act of council they command , that all other ministers ( not disposed of as is said ) were either to repair to the paroch churches where they were , or to some other paroches where they may be ordinary hearers , and to declare & condiscend upon the paroches where they intend to have their residence . after this they assumed a power , to dispose of these their curats as they pleased , and transport them from place to place ; whereof the only ground was a simple act of council , the instructions alwayes going along with them , as the constant companion of the indulgence ▪ by all which it is apparent ; what ever these ministers alledge , in vindication of it to cover its deformity , in their balmes to take away its stink , and in their surveyes to gather plaisters to scurf over its scurveyness , viz. that it was but the removal of the civil restraint , and that they entered into their places by the call of the people ( a meer mock pretence for a prelimited imposition , whereby that ordinance of christ was basely prostituted & abused ) and that their testimony & protestation was a salvo for their conscience ( a meer outopian fancy ▪ that the indulgers with whom they bargained never heard of , otherwise , as they did with some who were faithful in testifying against their encroachments , they would soon have given them a bill of ease ) it cannot be denyed , that that doleful indulge●●e , both in its rise , contrivance ; conveyance , grant , & acceptance , end & effects , was a grievous encroachment upon the princely prerogative of jesus christ the only head of the church ; whereby the usurpers supremacy was homologated ; bowed to ▪ complyed with , strengthened & established ▪ the cause & kingdom of christ betrayed , his churches priviledges surrendered , his enemies hardened , his friends stumbled , and the remnant rent & ruined ; in that it was granted & deduced from the kings supremacy , and conveyed by the council ; in that , according to his pleasure , he gave and they received a licence & warrant , to such as he nominated & elected and judged fit & qualified for it , and fixed them in what particular paroch he pleased to assign , under the notion of a confinment , in that he imposed and they submitted to restrictions in the exercise of their ministry , in these particular paroches , inhibiting to preach elswhere in the church ; and with these restrictions , he gave and they received instructions to regulate & direct them in their functions : all which was done without advice or consent of the church : and thereupon they have frequentlie been called & coveened before the counci● , to give ac●ount of their ministerial exercise , and some of them sentenced , silenced , & deposed for alledged disobedience . this was a manifest treason against christ , which involved many in the actual guilt of it that day , and many others who gaped after it & could not obtain it , and for more at that time & since in the guilt of misprision of treason , in passing this also without a witness . thus , in holy judgement , because of our indulging & conniving at the usurper of christs throne , he left a great part of the ministers to take that wretched indulgence ; and another part , instead of remonstrating the wickedness of that deed , have been left to palliate , & plaister , & patronize it , in keeping up the credit of the king & councils curats , wherein they have shewed more zeal , than ever against that wicked indulgence . yet the lord had some witnesses , who prettie early did give significations of their resentment of this dishonour done to christ , as mr william weer , who having got the legal call of the people , and discharging his duty honestly , was turned out ; and mr iohn burnet , who wrote a testimony directed to the council , shewing why he could not submit to that indulgence , inserted at large in the history of the indulgence ; where also we have the testimony of other ten ministers , who drew up their reasons of non-complyance with such a snare ; and mr alexander blair , who , upon occasion of a citation before the council for not observing the of maij , having with others made his appearance , and got new copies of instructions presented to them , being moved with zeal and remembering whose ambassadour he was , told the council plainly , that he could receive no instructions from them in the exercise of his ministry , otherwise he should not be christs ambassadour but theirs , and herewith lets their instructions drop out of his hand , knowing of no other salv● or manner of testifying for the truth in the case؛ for which he was imprisoned , & died under confinement . but afterwards , the lord raised up some more explicite witnesses against that defection . all this trouble was before the year . about which time , finding this device of indulgences proved so steadable for his service in scotland , he was induced to try it also in england ; which he did almost with the same or like success , & producing the same effects of defection , security , & unfaithfulness . the occasion was upon his wars with the dutch : which gave another demonstrative discovery of his treacherie & popish perfidie , in breaking league with them , and entering into one with the french , to destroy religion & liberty in britain : wherein the king of france assures him an absolute authority over his parliaments , and to reestablish the catholick religion in his kingdoms of england scotland & ireland ; to compass which it was necessary first to abate the pride & power of the dutch , and to reduce them to the sole province of holland , by which means the king of england should have zeland for a retreat in case of need , and that the rest of the low countries should remain to the king of france , if he could render himself master of it . but to return to scotland . while by the forementioned device , he thought he had utterly suppressed the gospel in house & field meetings , he was so far disappointed , that these very means & machins by which he thought to bury it , did chiefly contribute to its revival . for , when by persecution many ministers had been chased away by illegal law-sentences , many had been banished away , and by their ensnaring indulgences many had been drawen away from their duty , and others were now sentenced with confinements & restraints , if they should not choose & fix their residence where they could not keep their quiet & conscience both ; they were forced to wander and disperse through the country , and the people being tired of the cold & dead curats , and wanting long the ministrie of their old pastors , so longed & hungered after the word , that they behoved to have it at any rate cost what it would ; which made them entertain the dispersed ministers more earnestly , and encouraged them more to their duty . by whose endeavours , through the mighty power & presence of god , and the light of his countenance now shining through the cloud , after so fatal & fearful a darkness that had over-clouded the land for a while , with such a resplendent brightness , that it darkened the prelatick locusts , and made them hisse and gnash their tongues for pain , and dazeled the eyes of all onlookers ; the word of god grew exceedingly , and went through at least the southern borders of the kingdom like lightning , or like the sun in its meridian beauty ; discovering so the wonders of gods law , the mysteries of his gospel , and the secrets of his covenant , and the sins & duties of that day , that a numerous issue was begotten to christ , and his conquest was glorious , captivating poor slaves of satan , and bringing them from his power unto god , and from darkness to light. o! who can remember the glory of that day , without a melting heart , in reflecting upon what we have lost , and let go , and sinned away , by our misimprovements ? o that in that our day we had hearkened to his voice , and had known the things that belonged to our peace ! a day of such power , that it made the people , even the bulk & body of the people , willing to come out and venture , upon the greatest of hardships and the greatest of hazards , in pursuing after the gospel , through mosses & moors , & inaccessible mountains , summer & winter , through excess of heat & extremity of cold , many dayes & night-journeyes ; even when they could not have a probable expectation of escaping the sword of the wilderness , and the barbarous fury of bloody burrio's raging for their prey , sent out with orders to take & kill them , it being now made criminal by law , especially to the preachers & convocaters of those meetings . but this was a day of such power , that nothing could daunt them from their duty , that had tasted once the sweetness of the lords presence at these persecuted meetings . then had we such humiliation-dayes for personal & publick defections , such communion-dayes even in the open fields , and such sabbath-solemnities , that the places where they were kept might have been called bethel , or peniel , or bochim , and all of them iehovah-shammah ; wherein many were truly converted , more convinced , and generally all reformed from their former immoralities : that even robbers , thieves , and profane men , were some of them brought to a saving subjection to christ , and generally under such restraint , that all the severities of heading & hanging &c. in a great many years , could not make such a civil reformation , as a few dayes of the gospel , in these formerly the devils teritories , now christs quarters , where his kingly standart was displayed . i have not language to lay out the inexpressible glory of that day : but i will make bold to say two things of it , first , i doubt if ever there was greater dayes of the son of man upon the earth since the apostolick times , than we enjoyed for the space of seven years at that time : and next , i doubt , if upon the back of such a lightsome day there was ever a blacker night of darkness , defection , division , & confusion , and a more universal impudent apostasie , than we have seen since . the world is at a great loss , that a more exact & complete account demonstrating both these , is not published , which i am sure would be a fertile theme to any faithful pen. but this not being my scope at present , but only to deduce the steps of the contendings of christs friends & his enemies , i must follow the threed of my narration . now when christ is gaining ground by the preached gospel in plenty , in purity , & power , the usurpers supremacy was like to stagger , and prelacy came under universal contempt , in so much that several country curats would have had but scarce half a dozen of hearers , and some none at all . and this was a general observe that never failed , that no sooner did any poor soul come to get a serious sense of religion , and was brought under any real exercise of spirit about their souls concerns , but as soon they did fall out with prelacy and left the curats . hence to secure what he had possessed himself of by law , and to prevent a dangerous paraxisme which he thought would ensue upon these commotions , the king returned to exerce his innate tyranny , and to emit terrible orders , and more terrible executioners , & bloody emissaries , against all field meetings : which , after long patience ▪ the people at length could not endure ; but being first chased to the fields , where they would have been content to have the gospel with all the inconveniences of it , and also expelled from the fields , being resolute to maintain the gospel , they resolved to defend it & themselves by armes . to which , unavoidable necessity in unsupportable extremity did constrain them , as the only remaining remedy . it is known , for several years they met without any armes , where frequently they were disturbed & dispersed with souldiers some killed others wounded , which they patiently endured without resistence : at length the ministers that were most in hazard , having a price set upon their heads to be brought in dead or alive , with some attending them in their wanderings , understanding they were thus appointed for death , judged it their duty to provide for the necessary defence of their lives from the violence of their armed assaulters . and as meetings increased , diverse others came under the same hazard , which enforced them to endeavour the same remedy , without the least intention of prejudice to any . thus the number of sufferers increasing , as they joyned in the ordinances at these persecuted meetings , found themselves in some probable capacity to defend themselves and these much endeared & precious gospel priviledges , & to preserve the memory of the lords great work in the land , which to transmit to posterity was their great design . and they had no small encouragment to endeavour it , by the satisfying sweetness & comfort they found in these ordinances , being perswaded of the justness of their cause , and of the groundlessness of their adversaries quarrel against them : and hereunto also they were incited & prompted , by the palpableness of the enemies purposes to destroy the remainder of the gospel , by extirpating the remnant that professed it . wherefore in these circumstances , being redacted to that strait , either to be deprived of the gospel or to defend themselves in their meetings for it ; and thinking their turning their backs upon it for hazard , was a cowardly deserting duty , and palpable breach of covenant-engagments , abandoning their greatest interest , they thought it expedient , yea necessary , to carry defensive armes with them . and as for that discouragment from the difficulty & danger of it , because of their fewness & meanness , it did not deter or daunt them from the endeavour of their duty ; when they considered , the lord in former times was wont to oune a very small party of their ancestors , who in extremity jeoparded their lives in defence of reformation against very potent & powerful enemies : these now ouning the same cause , judged themselves obliged to run the same hazard , in the same circumstances , and to follow the same method , & durst not leave it unessayed , leaving the event to god : considering also , that not only the law of nature & nations doth allow self defence from unjust violence , but also the indissoluble obligation of their covenants , to maintain & defend the true religion & one another in promoving the same , made it indispensible to use that endeavour , the defect of which through their former supineness gave no small encouragment to the enemies : they considered also what would be the consequence of that war , declared against all the faithful of t●e land with a displayed banner , prosecuted with fire & ●word , and all acts of horrid hostility , published in printed proclamations , & written in characters of blood by barbarous souldiers , so that none could enjoy gospel ordinances dispensed in purity , but upon the hazard of their lives : and therefore , to prevent & frustrate these effects , they endeavoured to put themselves in a posture . and hereunto they were encouraged , by the constant experience of the lords countenancing their endeavours in that posture , which alwayes proved successful for several years , their enemies either turning their backs without disturbance , when they observed them resolve defence , or in their assaultings repulsed : so that there was never a meeting which stood to their defence , got any considerable harme thereby . thus the lord was with us while we were with him , but when we forsook him then he forsook us , and left us in the hands of our enemies . however , while meetings for gospel ordinances did continue , the wicked rulers did not cease from time to time to encrease their numerous ●ands of barbarous souldiers , for suppressing the gospel in these field-meetings . and for their maintinance , they imposed new wicked & arbitrary cesses & taxations , professedly required for suppressing religion & liberty , banishing the gospel out of the land , and preserving & promoting his absoluteness over all matters & persons sacred & civil : which , under that tentation of great suffering threatened to refusers , and under the disadvantage of the silence & unfaithfulness of many ministers , who either did not condemn it or pleaded for the peaceable payment of it , many did comply with it then , and far more since . yet at that time there were far more recusants , in some places , ( especially in the western shires ) than complyers : and there were many of the ministers that did faithfully declare to the people the sin of it ; not only from the illegality of its imposition , by a convention of overawed and prelimited states ; but from the nature of that imposed complyance , that it was a sinful transaction with christs declared enemies , a strengthening the hands of the wicked , an obedience to a wicked law , a consenting to christs expulsion out of the land , and not only that , but ( far worse than the sin , of the gadarens ) a formal concurrence to assist his expellers , by maintaining their force , a hiring our oppressours to destroy religion & liberty ; and from the fountain of it , an arbitrary power domineering over us , and oppressing & overpressing the kingdoms with intollerable exactions that to pay it , it was to entail slaverie on the posterity ; and from the declared end of it , expressed in the very narrative of the act , viz : to levy & maintain forces for suppressing & dispersing meetings of the lords people , and to shew unanimous affection for maintaining the kings supremacy as now established by law ; which designs he resolved , and would be capacitate by the granters to effectuate by such a grant , which in effect , to all tender consciences , had an evident tendency to the exauctorating the lord christ , to maintain souldiers to suppress his work , & murder his followers , yet all this time ministers & professors were unite , and with one soul & shoulder followed the work of the lord , till the indulged ▪ being dissatisfied with the meetings in the fields , whose glory was like to overcloud & obscure their beds of ease , and especially being offended at the freedom & faithfulness of some , who set the trumpet to their mouth , and shewed iacob his sins & israel his transgressions impartially without a clock or cover , they began to make a faction among the ministers , and to devise how to quench the fervour of their zeal who were faithful for god. but the more they sought to extinguish it , the more it brake out and blazed into a flame . for several of christs ambassadours , touched & affected with the affronts done to their princely master by the supremacy and the indulgence its bastard brood & brat , began after long silence to discover its iniquity , and to acquaint the people how the usurper had invaded the mediators chair , in taking upon him to depose ; suspend , silence , plant & transplant his ministers , where & when & how he pleased , and to give forth warrants & licences for admitting them , with canons & instructions for regulating them in the exercise of their ministrie , and to arraign & censure them at his courts for delinquencies in their ministry ; pursuing all to the death who are faithful to christ , and maintain their loyaltie to his lawes , and will not prostitute their consciences to his lusts , and bow doun to the idol of his supremacy , but will oune the kingly authority of christ. yet others , and the greater number of dissenting ministers , were not only deficient herein , but defended them , joyned with them , and ( pretending prudence & prevention of schisme ) in effect homologated that deed and the practice of these priests ezek. . . teaching & advising the people to hear them , both by precept , and going along with them in that erastian course : and not only so , but condemned & censured such who preached against the sinfulness thereof , especially in the first place , worthy mr walwood , who was among the first witnesses against that defection , and mr kid , mr king , mr cameron , mr donald cargil &c. who sealed their testimony afterwards with their blood ; yet then even by their brethren were loaden with the reproachful nicknames of schismaticks , blind zea●ots , i●suits &c. but it was alwayes observed , as long as ministers were faithful in following the lord in the way of their duty , professors were fervent , and un-under all their conflicts with persecuters ▪ the courage & zeal of the lovers of christ was blazing , and never out-braved by all the enemies boastings to undertake brisk exploits : which from time to time they were now and then essaying , till defection destroyed , and division diverted their zeal against the enemis of god , who before were alwayes the object against which they whetted the edge of their just indignation . especially the insulting insolency & insolent villanie of that publick incendiarie , the arch-prelate sharp , was judged intollerable by ingenuous spirits ; because he had treacherously betrayed the church & nation , and being imployed as their delegate to oppose the threatened introduction of prelacy , he had like a perjured apostate and perfidious traitor advanced himself into the place of primate of scotland , and being a member of council he became a chief instrument of all the persecution , and main instigator to all the bloody violence & cruelty that was exerced against the people of god ; by whose means , the letter sent doun to stop the shedding of more blood after pentland was kept● up , until several of these martyrs were murdered . therefore in iulij . mr iames mitchel thought in his duty to save himself , deliver his brethren , and free the land of the violence of that beast of prey , and attempted to cut him off : which failing , he then escaped , but afterwards was apprehended ; and being moved by the councils oath , and act of assurance promising his life , he made confession of the fact : yet afterwards for the same he was arraigned before the justiciary , and the confession he made was brought in against him , and witnessed by the perjured chancellour rothes , and other lords , contrare to their oath & act produced in open court , to their indeleble infamy : whereupon he was tortured , condemned , & executed . but justice would not suffer this murder to pass long unrevenged , nor that truculunt traitor , iamos sharp the arch-prelat , who was the occasion & cause of it , and of many more both before & after , to escape remarkable punishment ; the severity whereof did sufficiently compense its delay , after ten years respite , wherein he ceased not more and more to pursue , persecute , & make havock of the righteous for their duty , until at length he received the just demerit of his perfidie , perjury , apostasie , sorceries , villanies , and murders , sharp arrowes of the mighty & coals of iuniper . for upon the . of may . several worthy gentlmen , with some other men of courage & zeal for the cause of god and the good of the country , executed righteous judgement upon him in magu● moor near st andrews . and that same moneth , on the anniversary day may . the testimony at rutherglen was published , against that abomination of celebrating an anniversary day , kept every year for giving thanks for the setting up an usurped power , destroying the interest of christ in the land — and angainst all sinful & unlawful acts , emitted & executed , published & prosecuted against our covenanted reformation . where also they burnt the act of supremacy , the declaration , the act recissory &c. in way of retaliation for the burning of the covenants . on the sabbath following iun. . a field meeting for the worship of god near to loudoun-hil was assaulted by graham of claverhouse , and with him three troups of horse & dragoons , who had that morning taken an honest minister and about country-men out of their beds and carried them along with them as prisoners to the meeting in a barbarous manner . but by the good hand of god upon the defendents , they were repulsed at drumclogg and put to flight , the prisoners relieved , about . of the souldiers killed on the place , and . of the meeting , and several wounded on both sides . thereafter the people retreating from the pursuit , consulted what was expedient in that juncture , whether to disperse themselves as formerly , or to keep together for their necessary defence . the result was , that considering the craft & cruelty of those they had to deal with , the sad consequents of falling into their hands now more incensed than ever , the evil effects that likely would ensue upon their separation , which would give them access to make havock of all ; they judged it most safe in that extremity for some time not to separate . which resolution , coming abroad to the ears of others of their brethren ; determined them incontinently to come to their assistence , considering their necessity , and their oun lyableness to the same common danger , upon the account of their endeavours of that nature elsewhere to defend themselves , being of the same judgement for maintaining of the same cause , to which the were bound by the same covenants , and groaning under the same burdens ; they judged therefore that if they now with held their assistence in such a strait , they could not be innocent of their brethrens blood , nor found faithful in their covenant : to which they were encouraged with the countenance & success the lord had given to that meeting , in that defensive resistence . this was the rise & occasion of that appearance at bothwel-bridge , which the lord did in his holy soveraignty confound , for former defections by the means of division , which broke that litle army among themselves , before they were broken by the enemy . they continued together in amiable & amicable peace for the space of or dayes , while they endeavoured to put out & keep out every wicked thing from amongst them , and adhered to the rutherglen-testimony , and that short declaration at glasgow confirming it ; representing their present purposes & endeavours , where only in vindication & defence of the reformed religion — as they stood obliged thereto by the national & solemn league & covenant , and the solemn acknowledgment of sins & engagment to duties ; declaring against popery , prelacy , erastianisme , and all things depending thereupon . intending hereby to comprehend the defection of the indulgence , to witness against which all unanimously aggreed : until the army encreasing , the defenders & daubers of that defection , some ministers and others , came in who broke all , and upon whom the blood of that appearance may be charged . the occasion of the breach was , first , when in the sense of the obligation of that command , when the host goeth forth against thine enemies , keep thee from every wicked thing , an overture was offered to set times apart for humiliation for the publick sins of the land , according to the practice of the godly in all ages before engaging their enemies , and the laudable precedents of our ancestors ; that so the causes of gods wrath against the nation might be enquired into & confessed , and the lords blessing , counsel , & conduct to & upon present endeavours , might be implored . and accordingly the complying with abjured erastianisme , by the acceptance of the ensnaring indulgence , offered by & received from the usurping rulers , was condescended upon among the rest of the grounds of fasting & humiliation , so seasonably & necessarely called for at that time . the sticklers for the indulgence refused the overture , upon politick considerations , for fear of offending the indulged ministers & gentlemen , and provoking them to withdraw their assistence . this was the great cause of the division , that produced such unhappy & destructive effects . and next , whereas the cause was stated before according to the covenants , in the rutherglen-testimony & glasglow-declaration , wherein the kings interest was waved ; these dividers drew up another large paper ( called the hamiltoun-declaration ) wherein they assert the kings interest , according to the third article of the solemn league & covenant . against which the best affected contended , & protested they could not in conscience put in his interest in the state of the quarrel , being now in stated opposition to christs interests , and inconsistent with the meaning of the covenant , and the practices of the covenanters , and their own testimonies ; while now he could not be declared for as being in the defence of religion & liberty , when he had so palpably overturned & ruined the work of reformation , and oppressed such as adhered thereunto , and had burnt the covenant &c. whereby he had loosed the people from all obligation to him from it . yet that contrary faction prevailed , so far as to get it published in the name of all : whereby the cause was perverted & betrayed , and the former testimonies rendered irrite , and the interest of the publick enemy epsoused . finally , the same day that the enemy approached in sight , and a considerable advantage was offered to do execution against them , these loyal gentlemen hindered & retarded all action , till a parly was beat , and an address dispatched to the duke of monmouth , who then commanded his fathers army . by which nothing was gained , but free liberty given to the enemies to plant their canon , and advance without interruption . after which , in the holy all-over-ruling providence of god , that poor handful was signally discountenanced of god , deprived of all conduct , divested of all protection , and laid open to the raging sword , the just punishment of all such tamperings with the enemies of god , and espousing their interest , and omitting humiliation for their own and the lands sins . about were killed in the fields , and . and upwards were taken prisoners , stripped , and carried to edinburgh , where they were kept for a long time in the gray friers church-yard , without shelter from cold or rain . and at length had the tentation of an insnaring bond of peace : wherein they were to acknowledge that insurrection to be rebellion ▪ and oblige themselves never to rise in armes against the king , nor any commissionate by him , and to live peaceably &c. which , through fear of threatened death , and the unfaithfulness of some , and the impudence of other ministers that perswaded them to take it , prevailed with many : yet others resolutely resisted , judging it to imply a condemning of their duty , an abandoning of their covenant-engagments , wherein they were obliged to duties inconsistent with such bonds , and a voluntary binding up their hands from all oppositions to the declared war against christ , which is the native sense of the peace they require , which can never be entertained long with men so treacherous . and therefore upon principles of reason & conscience they refused that pretended indemnity , offered in these termes . nevertheless the most part took it : and yet were sentenced with banishment ; and sent away for america as well as they who refused it ; and by the way , ( a few excepted , ) perished in shipwrack : whose blood yet cries both against the imposers , and the perswaders to that bond . iii. this fearful & fatal stroke at bothuel , not only was in its immediate effects so deadly , but in its consequents so destructive , that the decaying church of scotland , which before was begining to revive , was then cast into such a swoon that she is never like to recover to this day . and the universality of her children , which before espoused her testimony , was after that partly drawn by craft , and partly drawn by cruelty , from a conjunction with their brethren in prosecuting the same , either into an open defection to the contrary side , or into a detestable indifferency & neutrality in the cause of god. for first of all the duke of monmouth , whose nature more averse from cruelty than the rest of that progeny made him pliable to all suggestions of wicked policy , that seemed to have a shew or smoothness & lenity , procured the emission of a pretended indemnity , attended with the foresaid band of p●ace for its companion . which were dreadful snares , catching many with flatteries , and fair pretences of favours , fairded over with curious words and cozening names of living peaceably &c. while in the mean time a most deadly & destructive thrust ( as it were under the fifth rib ) because most secret , was intended against all that was left remaining of the work of god undestroyed , and a bar put upon all essayes to revive or recover it by their oun consent , who should endeavour it . this course of defection carried away many at that time : and from that time , since the taking of that bond of peaceable living , there hath been an universal preferring of peace to truth , and of ease to duty . and the generality have been left to swallow all baits , tho the hook was never so discernible , all those ensnaring oaths & bonds imposed since , which both then & since people were left to their oun determination to chuse or refuse ; many ministers refusing to give their advice when required & requested thereunto , and some not being ashamed or afraid to perswad the people to take them . the ministrie then also were generally insnared with that banded indulgence , the pretended benefit of that indemnity , which as it was designed so it produced the woful effect of propagating the defection , and promoting the division , and laying them by from their duty & testimony of that day , which to this day they have not yet taken upon their former ground . for when a proclamation was emitted , inveighing bitterly against field meetings , and absolutely interdicting all such for the future under highest pain , but granting liberty to preach in houses upon the termes of a cautionary bond given for their living peaceably : yet excluding all these ministers who were suspected to have been at the late rebellion ; and all these who shall afterward be admitted by non-conforme ministers : and certifying , that if ever they shall be at any field conventickle , the said indemnity shall not be useful to such transgressours any manner of way : and requiring security , that none under the colour of this favour continue to preach rebellion . though there seems to be enough in the proclamation it self to have scarred them from this scandalous snare , yet a meeting of ministers at edinburg made up of indulged , avowed applauders of the indulgence , or underhand approvers and favourers of the same , and some of them old publick resolutioners , assuming to themselves the name of a general assembly , yea of the representative of the church of scotland , voted for the acceptance of it . and so formally transacted & bargained upon base , dishonest , & dishonourable termes with the usurper , by consenting & compacting with the people to give that bond , wherein the people upon an humble petition to the council , obtaining their indulged-minister do bind & oblige — that the said — shall live peaceably . and in order thereto to present him before his maj. privie council , when they shall be called so to do ; and in case of failzie in not presenting him , to be lyable to the summe of merks . whereby they condemned themselves of former unpeaceableness , and engaged to a sinful peace with the enemies of god , and became bound and fettered under these bonds to a forbearance of a testimony , and made answerable to their courts , and the people were bound to present them for their duty . the sinfulness , scandalousness , & inconveniences of which transactions , are abundantly demonstrated by a treatise thereupon , intituled , the banders disbanded . nevertheless many embraced this new bastard indulgence , that had not the benefit of the former brat , of the same mother the supremacy , and far more consented to it without a witness , and most of all did some way homologate it , in preaching under the sconce of it : declining the many reiterated & urgent calls of the ●ealous lovers of christ , to come out and maintain the testimony of the gospel in the open fields , for the honour of their master and the freedom of their ministrie . whereupon , as many poor people were stumbled and jumbled into many confusions , so that they were so bewildered & bemisted in doubts & debates , that they knew not what to do , and were tempted to question the cause formerly so servently contended for against all opposition , then so simply abandoned , by these that seemed sometimes valiant for it , when they saw them consulting more their oun ease than the concerns of their masters glory , or the necessity of the poor people hungering for the gospel , and standing in need of counsel in time of such abounding snares , whereby many became a prey to all tentations : so the more zealous & faithful , after several addresses , calls , & invitations to ministers , finding themselves deserted by them , judged themselves under a necessity to discountenance many of them , whom formerly they followed with pleasure ; and to resolve upon a pursuit & prosecution of the duty of the day without them , and to provide themselves with faithful ministers , who would not shun for all hazards to declare the whole counsel of god. and accordingly through the tender mercy of god , compassionating the exigence of the people , the lord sent them first mr richard cameron , with whom after his serious solicitation his brethren denied their concurrence , and then mr donald cargil ; who , with a zeal & boldness becoming christs ambassadours , maintained & prosecuted the testimony , against all the indignities done to their master and wrongs to the cause , both by the encroachments of adversaries and defections of their declining brethren . wherein they were signally countenanced of their master ; and the lords inheritance was again revived with the showres of the gospels blessings , wherewith they had been before refreshed ; and enlightened with a glance & glimpse of resplendent brightness , immediatly before the obscurity of this fearful night of darkness that hath succeeded . but as christ was then displaying his beauty , to his poor despised & persecuted people ; so antichrist began to blaze his bravery , in the solemn & shameful reception of his harbinger , that pimp of the romish whore , the duke of york . who had now pulled off the mask , under which he had long covered his antichristian bigotrie , through a trick of his brother , constrained by the papists importunity , and the necessity of their favour , & recruit of their coyn , either to declare himself papist , or to make his brother do it : whereby all the locusts were engaged to his interest , with whom he entered into a conspiracy and popish plot , as was discovered by many infallible evidences , and confessed by coleman his secretary , to sir edmund-bury godfrey ; for which , lest he should witness against him , when coleman was apprehended , that gentleman was cruelly murdered by the duke of yorks contrivance & command . yet for all the demonstrations of his being a bigot papist , that he had long given unto the world , it is known what some suffered for saying , that the duke of york was a papist and being forced to leave england he was come to scotland to promots poperie & arbitrary government . however , thô the parliament of england , for his poperie & villanie , and his ploting & pursuing the destruction of the nation , did vote his exclusion ; yet degenerate scotland did receive him in great pompe & pride . against which , the forementioned faithful witnesses of christ did find themselves obliged to testify their just resentment , and to protest against his succeeding to the croun , in their declaration published at sanquhair , iune . . wherein also they disoune charles stewart , as having any right , title , or interest in the croun of scotland or government thereof , as being fore●aulted several years since , by his perjurie & breach of covenant , usurpation on christs prerogatives , and by his tyranny & breaches in the very leges regnandi in matters civil — and declare a war with him , and all the men of these practices — homologating the testimony at rutherglen , and disclaiming that declaration at hamiltoun . this action was generally condemned by the body of lurking ministers , both for the matter of it , and the unseasonableness of it , and its apparent unfeasibleness , being done by a handful so inconsiderable , for number , strength , or significancy . but as they had very great & important reasons to disclaim that tyrants authority , hinted in the declaration it self , and hereafter more fully vindicated : so the necessity of a testimony against all the tyrannical encroachments on religion & liberty , then current & encreasing ; and the sin & shame of shifting & delaying it so long , when the blasphemous supremacy was now advanced to its summity ; the churches priviledges all overturned ; religion and the work of reformation trampled under foot ; the peoples rights & liberties destroyed , and lawes all subverted ; and no shadow of government left but arbitrary absoluteness , obtruding the tyrants will for reason , and his letter for the supreme law ( witness the answer which one of the council gave to another , objecting against their proceedings as not according to law , what devil do ye talk of law ? have not we the kings letter for it ? ) and all the ends of magistracy wholly inverted ; while innocent & honest people were grievously oppressed in their persons , consciences , & estates ; and perjuries , adulteries , idolatries , and all impieties were not only connived at , but countenanced as badges of loyaltie , and manifest & monstrous robbries & murders authorized , judgement turned into gall , and the fruit of righteousness into hemlock ; do justify its seasonableness : and the ends of the declaration , to keep up the standart of the gospel , and maintain the work of reformation , and preserve a remnant of faithful adherers to it ; the nature of the resolution declared , being only to endeavour to make good & maintain their revolt , in opposition to all who would pursue them for it , and reinforce them to a subjection to that yoke of slaverie again ; and the extremity of danger & distress that party was in , while declared & pursued as rebells , and intercommuned & interdicted of all supplie & solace , being put out of their oun , and by law precluded of the harbour of all other habitations , and so both for safety & subsistence compelled by necessity to concur & keep together , may alleviate the censure and stop the clamour of its unfeasibleness . but thô it is not the prudence of the managment , but the justness of the action , that i would have vindicated from obliquies ; yet it wanted nothing but success to justify both , in the conviction of many that made much outcry against it . in these dangerous in his maintainance of the true covenanted religion — which homage they cannot now require upon the account of the covenant , which they have renounced & disclaimed ; and upon no other ground we are bound to them — the croun not being an inheritance , that passeth from father to son without the consent of tenants — ( ) of the hope of their returning from these courses : whereof there is none , seeing they have so often declared their purposes of persevering ill thein , and suppose they should dissemble a repentance — supposing also they might be pardoned , for that which is done — from whose guiltiness the land cannot be cleansed , but by executing gods righteous judgements upon them — yet they cannot now be believed , after they have violated all that humane wisdom could devise to bind them . upon these accounts they reject that king , and those associate with him in the government — and declare them henceforth no lawful rulers , as they had declared them to be no lawful subjects — they having destroyed the established religion , overturned the fundamental lawes of the kingdom , taken away christs church-government , and changed the civil into tyrannie , where none are associate in partaking of the government , but only these who will be found by justice guilty of criminals — and declare they shall , god giving power , set up government & governours according to the word of god , and the qualifications required exod. . vers . . — and shall not commit the government — to any single person , or lineal succession , being not tyed as the jewes were to one single family — and that kind being lyable to most inconveniences , & aptest to degenerate into tyrannie — and moreover , that these men set over them shall be engaged to govern principally , by that civil & judicial law ( not that which is any way typical ) given by god to his people of israel — as the best so far as it goes , being given by god — especially in matters of life & death — and other things , so far as they reach , and are consistent with christian liberty — exempting divorces & polygamie — . seeing the greatest part of ministers , not only were defective in preaching against the acts of the rulers for overthrowing religion — but hindered others also who were willing , and censured some that did it — and have voted for acceptation of that liberty , founded upon & given by virtue of that blaspemously arrogate & usurped power — and appeared before their courts to accept of it , and to be enacted & authorized their ministers — whereby they have become the ministers of men , and bound to be answerable to them as they will — and have preached for the lawfulness of paying that tribute , declared to be imposed for the bearing doun of the true worship of god — and advised poor prisoners to subscribe that bond — which if it were universally subscribed — they should close that door , which the lord hath made use of in all the churches of europe , for casting off the yoke of the whore — and stop all regress of men , when once brought under tyrannie , to recover their libertie again . — they declare they neither can nor will hear them &c. nor any who encouraged & strengthened their hands , and pleaded for them , and trafficqued for union with them . . that they are for a standing gospel ministrie , rightly chosen & rightly ordained — & that none shall take upon them the preaching of the word &c. unless called & ordained thereunto — and whereas separation might be imputed to them , they refell both the malice , and the ignorance of that calumnie — for if there be a separation , it must be where the change is ; and that was not to be found in them , who were not separating from the communion of the true church , nor setting up a new ministrie , but cleaving to the same ministers & ordinances , that formerly they followed , when others have fled to new wayes , and a new authority , which is like the old piece in the new garment . . that they shall defend themselves in their civil , natural , & divine rights & liberties — and if any assault them , they shall look on it as a declaring a war , and take all advantages that one enemie does of another — but trouble and injure none but those that injure them — this is the compend of that paper which the enemies seised and published , while it was only in a rude draught , and not polished , digested , nor consulted by the rest of the community : yet , whether or not it was for their advantage so to blaze their oun baseness in that paper truly represented , i leave it to the reader to judge : or , if they did not thereby proclaim their oun tyrannie , and the innocency & honesty of that people , whom thereby they were seeking to make odious ; but in effect inviting all lovers of religion & liberty to sympathise with them , in their difficulties & distresses there discovered . however that poor partie continued together in a posture of defence , without the concurrence or countenance of their covenanted brethren , who staid at home , and left both them to be murdered and their testimony to be trampled upon , untill the . of iulij . upon the which day they were attacqued at airsmoss , by a strong party of about horse well armed , while they were but horse and foot at most ; and so fighting valiantly were at length routed , not without their adversaries testimony of their being resolute men : several of zions precious mourners , and faithful witnesses of christ , were killed ; and among the rest , that faithful minister of christ , mr richard cameron sealed & fulfilled his testimony with his blood . and with others , the valiant and much honoured gentleman , david hackstoun of rathillet , was after many received wounds apprehended , brought in to edinburgh ; and there , resolutely adhering to the testimony , and disouning the authority of king & council , and all their tyrannical judicatories , was cruelly murdered , but countenanced eminently of the lord. now remained mr donald cargil , deprived of his faithful collegue , destitute of his brethrens concurrence , but not of the lords counsel & conduct ; by which he was prompted & helped to prosecute the testimony , against the universal apostasie of the church & nation , tyranny of enemies , backsliding of friends , and all the wrongs done to his master on all hands . and considering , in the zeal of god , and sense of his holy jealousie provoked and threatening wrath against the land ; for the sins especially of rulers ; who had arrived to the hight of heaven-daring insolence in all wickedness , in which they were still growing & going on without control ; that notwithstanding of all the testimonies given against them , by publick preachings , protestations , and declarations , remonstrating their tyranny and disouning their authority ; yet not only did they still persist in their sins & scandals , to make the lords fierce anger break forth into a flame , but were ouned also by professors , not only as magistrats , but as members of the christian & protestant church ; and that , however both the defensive armes of men had been used against them , and the christian armes of prayers , and the ministerial weapon of preaching , yet that of ecclesiastical censure had not been authoritatively exerted against them : therefore , that no weapon which christ allowes his servants under his standart to manage against his enemies might be wanting , thô he could not obtain the concurrence of his brethren to strengthen the solemnity & formality of the action ; yet he did not judge that defect , in this broken case of the church , could disable his authority nor de●ur the duty , but that he might and ought to proceed to excommunication . and accordingly , in september — . at the torwood , he excommunicated some of the most scandalous and principal promoters & abettors of this conspiracy against christ , as formally as the present case could admit : after sermon upon ezek. . , , . and thou profane wicked prince of israel , whose day is come &c. he had a short and pertinent discourse on the nature , the subject , the causes , and the ends of excommunication in general : and then declared , that he was not led out of any private spirit or passion to this action , but constrained by conscience of duty and zeal to god to stigmatize with this brand , and wound with the sword of the lord , these enemies of god that had so apostatized , rebelled against , mocked , despised & defied our lord , and to declare them as they are none of his , to be none of ours . the persons excommunicated , and the sentence against them , was given forth as followes — i being a minister of iesus christ , and having authority and power from him , do , in his name & by his spirit , excommunicat● , cast out of the true church , and deliver up to satan , charles the second , king &c. the sentence was founded upon these grounds , declared in the pronunciation thereof ( ) for his high mocking of god , in that after he had acknowledged his own sins , his fathers sins , his mothers idolatrie — yet had gone on more avowedly in the same than all before him . ( ) for his great perjurie , in breaking & burning the covenant . ( ) for his rescinding all lawes for establishing the reformation , and enacting lawes contrarie thereunto . ( ) for commanding of armies to destroy the lords people . ( ) for his being an enemy to true protestants , & helper of the papists , and hindering the execution of just lawes against them . ( ) for his granting remissions & pardons for murderers , which is in the power of no king to do , being expressly contrare to the law of god. ( ) for his adulteries , and dissembling with god & man — next by the same authority , and in the same name , he excommunicated iames duke of york , for his idolatrie , and setting it up in scotland to defile the land , and entycing & encouraging others to do so : not mentioning any other sins , but what he scandalously persisted in in scotland &c. with several other rotten malignant enemies , on whom the lord hath rati●●ed that sentence since very remarkably , whose sins & punishments both may be read more visiblie in the providences of the time , than i can record them . but about this time , when amidst all the abounding defections & divisions of that dark & dismal hour of tentation , some in zeal for the cause were endeavouring to keep up the testimony of the day , in an abstraction from complying ministers ; others were left ( in holy judgment , to be a stumbling block to the generation hardening them in their defections , and to be a beacon to the most zealous to keep off from all unwarrantable excesses ) to fall into fear●ul extravagances and delirious & damnable delusions , being overdriven with ignorant & blind zeal into untroden paths , which led them into a labyrinth of darkness ; when as they were stumbled at many ministers their unfaithfulness , so through the deceit of sathan and the hypocrisie of his instruments , they came to be offended at mr cargil his faithfulness , who spared neither left hand declensions nor right hand extremes , and left him and all the ministers ; not only disouning all communion with those that were not of their way , but execrating & cursing them ; and kept themselves in desert places from all company ; where they persisted prodigiously in fastings , and singing psalms , pretending to wonderful raptures & enthusiasmes : and in fine , i. gib with more of them came to that hight of blasphemy , that they burnt the bible & confession of faith. these were the sweet singers , as they were called , led away into these delusions by that impostor & sorcerer iohn gib ; who never encreased to such a number , as was then feared & reported , being within thirty & most part women : all which for the most part have been through mercy reclaimed from that destructive way , which through grace the reproached remnant , adhering to the foresaid testimony , had alwayes an abhorrence of . wherefore that ignorant & impudent calumnie , of their consortship with gibs followers , is only the vent of viperous envy . for they were the first that discovered them , and whose pains the lord blessed in reclaiming them , and were alwayes so far from partaking with them , that to this day these that have come off from that way , and have offered the confession of their scandal , do still complain of their over-rigid severity , in not admitting them to their select fellowships . to which may be added this undenyable demonstration , that whereas the persecu●ing courts of inquisition did alwayes extend the utmost severity against the ouners of this testimony , yet they spared them : and the duke of york , then in scotland was so we● pleased with gib's blasphemies , that he favoured him extraordinarly , and freely dismissed him . this was a cloudy & dark day , but not without a burning & shining light as long as that faithful minister of christ , mr donald cargil , was following the work of the lord ; who shortly after this finished his testimony , being apprehended with other two faithful & zealous witnesses of christ , mr walter smith , and mr iames boog , who with more were altogether , at edinburgh . iulij . crouned with the glory of martyrdom . then came the day of the remnants vexation , trouble , darkness & dimness of anguish , wherein who so looked unto the land could see nothing but darkness & sorrow , & the light darkened in the heavens thereof , wherein neither star nor sun appeared for many dayes , and poor people were made to grope for the wall like the blind , and to stumble in noon day as in the night . while the persecution advanced on the one hand , a violent spait of defection carried doun the most part of ministers & professors before it , driving them to courses of sinful & scandalous conformings with the times corruptions , compearings before their courts , complyings with their commands , paying of theis cesses and other exactions , taking of their oaths & bonds , and countenancing their prelatical church-services , which they were ashamed to do before . and thereupon on the other hand the divisions and confusions were augmented , and poor people that desired to cleave to the testimony were more & more offended and stumbled at the ministers , who either left the land in that clamant call of the peoples necessity , or lurked in their own retirements , and declined the duty of that day , leaving people to determine themselves in all their perplexities , as a prey to all tentations . but the tender pastor and shepherd of israel , who leads the blind in the way they know not , did not forsake a remnant in that hour of tentation who kept the word of his patience ; and as he helped those that fell into the hands of enemies to witness a good confession , so he strengthened the zeal of the remaining contenders , against all the machinations of adversaries to crush it , and all the methods of backsliding professors to quench it . and the mean which most effectually preserved it in life & vigour , was the expedient they fell upon of corresponding in general meetings , to consult , informe , & confirme one another about common duties in common dangers , for preservation of the remnant from the destruction & contagion of the times , and propagation of the testimony : laying doun this general conclusion for a foundation of order , to be observed among them in incident doubtful cases , & emergent controversies , that nothing relative to the publick , and which concerns the who●e of their community , be done by any of them , without harmonious consent sought after & rationally waited for , and sufficient deliberation about the best means & manner . in the mean time , the duke of york , as commissioner from his brother , held a parliament wherein he presided , not only against all righteous lawes that make a bloody & avowed papist incapable or such a trust , but against the letter of their oun wicked lawes , whereby none ought to be admitted but such as swear the oaths ; yet not only was he constitute in this place , but in the whole administration of the government of scotland without the taking any oath , which then he was courting to be entailed successor and heir of the croun thereof ; and for this ●n● made many pretences of flatteries , and feigned expressions of love , & of doing many acts o● kindness to that ancient kingdom , as he hath made many dissembling protestations of it since , for carrying on his oun popish & tyrannical designs : but what good-will he hath born to it , not only his acts & actings written in characters of the blood of innocents declare , but his words do witness , which is known when and to whom he spake , when he said , it would never ●e wel til all on the southside of forth were made a hunting field . however in that parliament , anno . he is chiefly intended , and upon the matter by a wicked act declared legal & lineal successor , and a detestable blasphemous and self-contradictory test is framed for a pest to consciences , which turned out of all places of trust any that had any remaining measure of common honesty ; and when some was speaking of a bill for securing religion in case of a popish prince , the dukes answer was notable , that whatsoever they intended or prepared against papists should light upon others : whereby we may understand what measures we may expect , when his designs are ripe . and to all the cruel acts then & before made against the people of god , there was one superadded regulating the execution of all the rest , whereby at one dash all civil & criminal justice was overthroun , and a foundation laid for popish-tyranny , that the right of iurisdiction both in civil & criminal matters is so inherent in the croun , that his maj. may judge all causes by himself , on any other he thinks fit to commissionate . here was law for commissionating souldiers to take away the lives of innocents , as was frequently exemplified afterwards , and may serve hereafter for erecting the spanish inquisition to murder protestants when he thinks fit to commissonate them . against which wicked encroachments on religion & liberty , the faithful thought themselves obliged to emit a testimony : and therefore published a declaration at lanerk , iannary . . confirming the preceeding at sanquhair , and adding reasons of their revolt from the government of charles the second . . for cutting off the neck at one blow of the noble constitution of church & state , and involving all officers in the kingdom in the same perjurie with himself . . for exalting himself into a sphere exceeding all measures divine & humane , tyrannically obtruding his will for a law in his arbitrary letters , so that we are made the reproach of nations , who say , we have only the law of letters instead of the letter of the law. . for his constant adjourning & dissolving parliaments at his pleasure . . for his arrogantly arrogated supremacy in all causes civil & ecclesiastick , and oppressing the godly for conscience & duty . . for his exorbitan● taxings , cessings , & grinding the faces of the poor , dilapidating the rights & revenues of the croun , for no other end but to imploy them for keeping up a borthel ▪ rather than a court. . for installing a successor , such an one ( if not worse ) as himself , contrare to all law , reason , & religion , and framing the test &c. and in end offer to prove , they have done nothing in this against our ancient lawes , civil or ecclesiastick — but only endeavoured to extricate themselves from under a tyrannous yoke , and to reduce church & state to what they were in the year and . after which declaration , they were more condemned by them that were at ease than ever , and very untenderly dealt with ; being without any previous admonition reproached , accused , and informed against , both at home & abroad , as if they had turned to some wild & unhappy course . for which cause , in the next general meeting , they resolved to delegate some of their number to forreign churches , on purpose to vindicate themselves from these calumnies , and to represent the justness of their cause , and the sadness of their case , and provoke them to some sympathie abroad , which was denied at home : and withall to provide for a succession of witnesses , who might maintain the testimony , which was then in appearance interrupted , except by martyrdom & sufferings . therefore by that means having obtained access for the instruction of some young men , at an university in the united provinces , in process of time , mr iames renwick received ordination there , and came home to take up the standart of his master , upon the ground where it last was left , and to carry on the testimony against all the oppositions of that day , from open enemies & backsliding professors : an undertaking more desperate-like than that of unus athanasius contra totam orbem , and like that of a child threshing doun a mountain . which yet against all the outragious rage of ravening enemies , ranging , ravaging , hunting , chasing , pursuing after him , through all the touns , villages , cottages , woods , moors , mosses , & mountains of the country ; and against all the scourge of tongues , contradictions , condemnations , obliquies , reproaches , & cruel mockings of incensed professors , and generally of all the inhabitants of the land ; he was helped to prosecute , by many weary wanderings , travells , and traversings through the deserts , night & day , preaching , confering , & catechising , mostly in the cold winter nighrs in the open fields : until , by the blessing of god upon his labours , not only was the faithfull witnessing remnant that joyned in the testimony , further cleared confirmed , and encouraged , and their number much encreased by the coming in and joyning of many others to the fellowship of their settled societies ; but also many others , in but as soon as it grew dark , all hope lost , they dispersed , every man shifting for himself ; only a few keeping together all the nixt day , had a skirmage with a party of the enemies , in which they slew the captain , and about or some moe of his men , and afterwards they dispersed themselves also . the enemies , searching the country , gleaned up the e. of argyle himself , col. rumbol an englishman , mr thomas archer minister , gawin russel , an david law , who were all condemned & execute at edinburgh , and many others who were banished to america : and about some in the highlands , who were hanged at inerarie . in england , the d. of monmouths expedition , though it had more action , yet terminated in the same success , the loss of many hundred lives , many killed in battel : and afterwas , by the mercy of the duke of york ▪ several hunderds in the west of england were carried about and hanged before the door of their oun habitations ; and to make his captains sport by the way , according to the number of the hours of the day , when the murdering humour came in their head , so many of the poor captives were hanged , as a prodigious monument of monstrous crueltie . this was the comencement of the present tyrants government . in the mean time , the wanderers in scotland , thô they did not associate with this expedition upon the account of the too promiscuous admittence of persons to trust in that partie , who were then and since have discovered themselves to be enemies to the cause , and because they could not espouse their declaration as the state of their quarrel , being not concerted according to the constant plea of the scots covenanters , and for other reasons given in their late vindication : yet against this usurpation of a bloody papist , advancing himself to the throne in such a manner , they published another declaration at sanquhair , may . . wherein , approving & adhering unto all their former declarations , and considering that iames duke of york , a profest & excommunicate papist , was proclaimed — to testify their resentment of that deed , and to make it appear unto the world , that they were free thereof , by concurrence or connivance ; they protest against the foresaid proclamation of iames duke of york as king : in regard that it is the choosing of a murtherer to be a governour , who hath shed the blood of the saints — that it is the hight of confederacy with an idolater , for bidden by the law of god — contrarie to the declaration of the gen. ass. of the church , iulij . . and contrary to many wholesome & laudable acts of parliament — and inconsistent with the safety , faith , conscience , & christian libertie of a christian people , to chuse a subject of antichrist to be their supreme magistrate — and to entrust an enemy to the work & people of god with the interests of both : and upon many important grounds & reasons ( which there they express ) they protest against the validity & constitution of that parliament , approving & ratifying the foresaid proclamation — and against all kind of poperie in general & particular heads — as abjured by the national covenant , and abrogated by acts of parliament — and against its entrie again into this land , and every thing that doth or may directly or indirectly make way for the same : disclaiming likewise all sectarianisme , malignancy , and any confederacy therewith . — this was their testimony against poperie in the season thereof : which thô it was not so much condemned as any former declarations , yet neither in this had they the concurrence of any ministers or professors ; who as they had been silent , and omitted a seasonable testimony against prelacy , and the supremacy , when these were introduced , so now also , even when this wicked mysterie & conspiracie of poperie & tyrannie , twisted together in the present designe of antichrist , had made so great a progress , and was evidently brought above board , they were left to let ●lip this opportunity of a testimony also , to the reproach of the declining & far degenerate church of scotland . yea to their shame , the very rabble of ignorant people may be brought as a witness against the body of presbyterian ministers in scotland , in that they testified their detestation of the first erection of the idolatrous mass , and some of the souldierie , and such as had no profession of religion , suffered unto death for speaking against poperie and the designs of the king , while the ministers were silent . and some of the curats , and members of the late parliament . made some stickling against the taking away of the penal statutes against papists ; while presbyterians , from whom might have been expected greater opposition , were sleeping in a profound submission . i cannot without confusion of spirit touch these obvious & dolorous reflections , and yet in candor cannot forbear them . however the persecution against the wanderers went on , and more cruel edicts were given forth against them , while a relenting abatement of severity was pretended against other dissenters . at length what could not be obtained by law at the late parliament for taking off the statutes against papists , was effectuated by prerogative : and to make it pass with the greater approbation , it was convoyed in a channel of pretended clemency , offering a sort of liberty , but really introducing a licencious latitude , for bringing in all future snares by taking off some former , as arbitrarly as before they were imposed , in a proclamation dated feb. . . granting , by the kings soveraign authority , prerogative royal , and absolute power , which all subjects are to obey without reserve , a royal toleration , to the several professors of the christian religion afternamed , with & under the several conditions , restrictions , & limitations aftermentioned . in the first place , tolerating the moderate presbyterians to meet in their private houses , and there to hear all such ministers , as either have or are willing to accept of the indulgence allanerly , and none other : and that there be nothing said or done contrare to the wel & peace of his reign , seditious or treasonable , under the highest pains these crimes will import , nor are they to presume to build meeting houses , or to use out-houses or barns — in the mean time it s his royal will & pleasure , that field conventicles , and such as preach at them , or who shall any way assist or connive at them , shall be prosecute according to the utmost severity of lawes made against them — in like manner tolerating the quakers to meet & exercise in their forme , in any place or places appointed for their worship — and by the same absolute power , foresaid , suspending , stoping , & disabling all lawes or acts of parliament , customs , or constitutions against any roman catholick subjects — so that they shall in all things be as free in all respects as any protestant subjects whatsoever , not only to exercise their religion , but to enjoy all offices , benefices , &c. which he shall think fit to bestow upon them in all time coming — and cassing , annulling , & discharging all oaths whatsoever , and tests , and lawes enjoyning them . and in place of them this oath only is to be taken — i a. b. do ackowledge , testifie , & declare that iames the seventh &c. is rightful king & supreme governour of these realms , and over all persons therein ; and that it is unlawful for subjects , on any pretence or for any cause whatsoever , to rise in armes against him , or any commissionated by him ; and that i shall never so rise in armes , nor assist any who shall so do ; and that i shall never resist his power or authority , nor ever oppose this authority to his person — but shall to the utmost of my power assist , defend , & maintain him , his heirs & lawful successors , in the exercise of their absolute power & authority against all deadly — and by the same absolute power giving his ful & ample indemnitie , to all the foresaid sorts of people , under the foresaid restrictions . here is a proclamation for a prince : that proclaims him in whose name it is emitted , to be the greatest tyrant that ever lived in the world , and their revolt who have disouned him to be the justest that ever was . for herein that monster of prerogative is not only advanced , paramount to all lawes divine & humane , but far surmounting all the lust , impudence , & insolence of all the roman , sicilian , turkish , tartarian , or indian tyrants that ever trampled upon the liberties of mankind ; who have indeed demanded absolute subjectio● , & surrender of their lives , lands , & liberties at their pleasure , but never arrived at such a hight of arrogance as this does , to claim absolute obedience , without reserve of conscience , religion , honour , or reason ; not only that which ignorantly is called passive , never to resist him , not only on any pretence , but for any cause , even thô he should command his popish ianizaries to murder & massacre all protestants , which is the tender mercy & burning fervent charity of papists ; but also of absolute active obedience without reserve , to assist , defend , & maintain him in every thing , whereby he shall be pleased to exercise his absolute power , thô he should command to burn the bible as well as the covenant ( as already he applauded iohn gib in doing of it ) and to burn and butcher all that will not go to mass , which we have all grounds to expect will be the end of his clemency at last . herein he claims a power to command what he will , and obliging subjects to obey whatsoever he will command : a power to rescind , stop , & disable all lawes ; which unhinges all stabilitie and unsettles all the security of humane societie , yea extinguishes all that remains of natural liberty : wherein , as is wel observed by the author of the representation of the threatening dangers impending over protestants pag. . it is very natural to observe , that he allowes the government , under which we were born , and to which we were sworn , to be hereby subverted & changed , and that thereupon we are not only absolved & acquited from all allegiance to him , but indispensably obliged , by the ties & engagments that are upon us , to apply our selves to the use of all means & endeavours against him , as an enemy of the people & subverter of the legal government . but this was so gross , and grievously gripping in its restrictions , as to persons , as to the place , as to the matter allowed the presbyterians in preaching , that it was disdained of all ; and therefore he behoved to busk it better , and mend the matter , in a letter to the council ( the supreme law of scotland ) bearing date march . . of this tenor — whereas we did recommend to yow to take care , that any of the presbyterians should not be allowed to preach , but such only as should have your allowance for the same , and that they at the receiving the indulgence should take the oath contained in the proclamation — these are therefore to let you know , that thereby we meant such of them as did not solemnly take the test ; but if nevertheless the presbyterian preachers do scruple to take the said oath , or any other oath whatsoever , and that you shall find it reasonable or fit to grant them or any of them our said indulgence , so as they desire it upon these termes ; it is now our will & pleasure — to grant them our said indulgence , without being obliged to take the oath , with power unto them to enjoy the benefite of the said indulgence ( during our pleasure only ) or so long as yow shall find they behave themselves regularly & peaceably , without giving any cause of offence to us , or any in authority or trust under us in our government . — thus finding the former proposal not adequately apportioned to his design , because of its palpable odiousness , he would pretend his meaning was mistaken ( thô it was manifest enough ) and mitigate the matter by taking away of the oaths altogether , if any should scruple it ; whereas he could not but know , that all that had sense would abhor it : yet it is clogged with the same restrictions , limited to the same persons , characterized more plainly and peremptorly , with an addition of cautions , not only that they shall not say or do any thing contrare to the wel & peace of his reign seditious or treasonable ; but also that they behave themselves regularly & peaceably without giving any cause of offence to him or any under him ; which comprehends lesser offences than sedition or treason , even every thing that will displease a tyrant and a papist , that is , all faithfulness in seasonable duties or testimonies . but at length lest the difformity & disparity of the proclamation for the toleration in scotland , and the declaration for liberty of conscience in england , should make his pretences to conscience suspect of disingenuity , and lest it should be said he had one conscience for england and another for scotland ; therefore he added a third eke to the liberty , but such as made it still an ill favoured patched project to destroy religion & true liberty , in another proclamation dated at windsor , iune . . wherein he sayes — taking into our royal consideration , the sinistrous interpretations , which either have or may be made of some restrictions ( mentioned in the last ) we have thought fit by this further to declare , that we will protect our arch-bishops &c. and we do likewise , by our soveraign authority , prerogative royal , and absolute power , suspend , stop , & disable , all penal & sanguinary lawes ; made against any for non-conformity to the religion established by law in that our ancient kingdom — to the end , that by the liberty thereby granted the peace & security of our government in the practice thereof may not be endangered , we hereby straitly charge all our loving subjects , that as we do give them leave to meet & serve god after their oun way , in private houses , chappels , or places purposely hired or built for that use , so that they take care that nothing be preached or taught , which may any way tend to alienate the hearts of our people from us & our government , and that their meetings be peaceably & publickly held , and all persons freely admitted to them , and that they do signify & make known to some one or more of the next privie councellors , sheriffs , stewards , bailiffs , justices of the peace , or magistrats of burgh royal , what place or places they set a part for these uses , with the names of the preachers — provided alwayes that the meetings be in houses , and not in the open fields ; for which now after this our royal grace & favour ( which surpasses the hopes , & equalls the very wishes of the most zealously concerned ) there is not the least shadow of execuse left : which meetings in the fields we do hereby strictly prohibite & forbid , against all which we do leave our lawes & acts of parliament in full force & vigour , notwithstanding the premises ; and do further command all our judges , magistrats , & officers of forces , to prosecute such as shall be guilty of the said field conventicles with the utmost rigour ; for we are confident , none will after these liberties & freedoms , given to all without reserve to serve god in their oun way , presume to meet in these assemblies , except such as make a pretence of religion to cover their treasonable designs against our royal person & the peace of our government this is the royal charter for security of the protestant religion ( intended to secure it so , that it shall not go much abroad again ) in lieu of all the lawes , constitutions , oaths , & covenants wherewith it was formerly confirmed . this is the only patent which the royal dâties , the moderate presbyterians , have now received to ensure their enjoyment of it durante beneplacito , during his pleasure whose faith is as absolute over all ties of promises , as his power from whence it flowes is over all lawes ; whose chiefest principle of conscience is that no faith is to be kept to hereticks . here is the liberty which is said to surpass the hopes and equal the wishes of the most zealously concerned ; holding true indeed of too many , whose hopes & wishes & zeal are terminate upon peace rather than truth , ease rather than duty and their own things rather than the things of christ ; but as for the poor wild wanderers , it some way answers their fears and corrosponds with their jealousies , who put the same interpretation upon it as on all the former indulgences , indemnities & tolerations , proceeding from the same fountain & designed for the same sinistrous ends with this , which they look upon as more openly & obviously anti-christian : and therefore , while others are rejoicing under the bramble-shadow of it , they think it a cause of weeping & matter of mourning , not because they do not share of the benefit of it , but because they are afraid to share of the curse of it . for which cause , thô a freedom be pretended to be given , to all without reserve to serve god in their own way , they think it necessary to reserve to themselves the liberty wherewith christ hath made them free , and to serve him in his way thô interdicted by men , and to take none from antichrist restricted with his reserves ; and do look upon it as a seasonable testimony for the cause of christ , and the interest of the protestant religion , and the lawes & liberties of the country , all overturned & subverted by this toleration , to keep their meetings as in former times , in the open fields whither their tyranny hath driven them . and let them call these meetings covered & treasonable designs against the government on pretence of religion , i trust it shall be made evident in the conviction of all that know religion , that their designs are to preserve it , in opposition to the tyranny that goes about all these wayes to suppress it . though i must suspend the reasons of their keeping their meetings in the fields , till i come to discuss that case in its oun place : here i shall only say , none that is acquainted with their circumstances , which are as dangerously stated as ever , by reason of the constant persecution of cruel enraged enemies incessantly pursuing them without relenting , notwithstanding of all this pretence of clemency & tenderness to conscience , but may know they can neither have safety , secrecy , nor conveniency in houses for fear of their entrapping enemies , and none will blame them that after so many discoveries of their truculent treachery they dare not trust them : and besides , they think it sinful , scandalous , & inconvenient to seem to homologate this toleration , the wickedness whereof they are convinced of , from these reasons . i. considering the granter in his personal capacity , as to his morals , they look upon him as a person with whom they cannot in prudence communicate , in any transaction of that nature . first , because being in his principles & practice professedly treacherous , yea obliged to be both perfidious & cruel by that religion whereunto he is addicted , he cannot be trusted in the least concerns , let be those of such momentous consequence as this , without a stupid abandoning of conscience , reason , & experience . since both that known principle , that no faith is to be kept to hereticks , which is espoused by all papists , does to them justify all their lying dissimulations , equivocations , & treacheries imaginable ; and that lateran canon , that enjoyns kings to destroy & exstirpate hereticks under pain of excommunication , does oblige him to be cruel ; besides what deep engagments he is known to be under by oaths & promises to the pope , both in his exile , and while a subject , and since he came to the croun ; which make him to all considering persons to be a person of that character , whose deceitful dainties are not to be desired , and that when he speaketh fair is not to be beleeved , for there are seven abominations in his heart . of which open & affronted lies we have a sufficient swatch , both in his proclamation for scotland and declaration for england ; where he speaks of his constant resolves of uniting the hearts of subjects to god in religion , & to their neighbours in christian love , and that it never was his principle to offer violence to any mans conscience , or use invincible necessity against any man on the account of his persuasion ; and that their property was never in any case invaded since his coming to the croun ; and that it hath been his constant sense & opinion , that conscience ought not to to be constrained nor people forced in matters of meer religion . to which , his uninterrupted endeavours to divide us from god and from on another , that he might the more easily destroy us , and his constant encroachments upon lawes , liberties , & properties , and all interests of men & christians for conscience sake do give the lie manifestly . and it must be great blindness not to see , and great baseness willingly to wink at that double faced equivocation , in matters of meer religion ; by which he may elude all these flattering promises of tenderness , by excepting at the most necessary & indispensable duties , if either they be such wherein any other interest is concerned beside meer religion , or if their troubles sustained thereupon be not altogether invincible necessities . hence the plain falsehood & doubleness of his assertions as to what is past , may give ground to conclude his intended perfidie in the promises of what is future . next , it is known what his practices & plots have been for the destruction of all honest & precious interests ; what a deep hand he had in the burning of london , in the popish plot discovered , anno . in the murder of the earle of essex , yea in the parricide committed upon his oun brother . by all which it appears , nothing is so abominable & barbarous which he hath not a conscience that will swallow & digest without a scruple ; and what he hath done of this kind must be but preparatory to what he intends , as meritorious to attone for these villanies . and in his esteem , and persuasion of papists , nothing is thought more meritorious than to exstirpate the protestant religion , and destroy the professors thereof . therefore being such a person with whom in reason no honest man could transact , for a tenure of the least piece of land or house or any holding whatsoever , they dare not accept of his security or protection for so great an interest , as the freedom & exercise of their religion under the shadow of such a bramble . if it was the shechemites sin & shame to strengthen a naughty abimelech , and strengthen themselves under the shadow of his protection , much more must it be to take protection for religion as wel as peace , from such a monster of crueltie & treacherie . this were against their testimony , and contrary to the laudable constitutions of the church of scotland , to take no protections from malignant enemies , as was shewed above in montroses case . see pag. . above . ii. considering his religion more particularly , they judge it unlawful so to bargain with him as this acceptance would import . it is known he is not only a papist , an apostate papist , and an excommunicate papist ( as is related above ) but a fiery bigot in the romish religion , and zealous sworn votarie & vassal of antichrist : who , as the letter of the iesuite from liege lately published in print tells us , is resolved either to convert england to poperie or die a martyr , and again that he stiles himself a son of the societie of iesuites , and will account every injury done to them to be a wrong done against himself ; being known to be under the conduct & guidance of that furious order , yea and enrolled as a member of that society . which makes it the less to be wondered , that he should require absolute obedience without reserve , seeing he himself yeelds absolute obedience as wel as implicite faith , without reserve , to the jesuites . such a bigot was mary of england ( as also his great grandame of scotland if she had got her will ) and his bigotrie will make him emulous of her crueltie , as counting it a diminution of his glory , for such a champion as he under antichrists banner to come short of a womans enterprizes : nor would the late king have been so posted off the stage , if his successor were not to act more vigorously than he in this tragical design , to which this toleration is subservient . he is then a servant of antichrist , and as such under the mediators malediction ; yea in this respect is heir to his grandfathers imprecation , who wished the curse of god to fall upon such of his posterity as should at any time turn papists . how then can the followers of the lamb strike hands , be at peace , associate , confederate , or bargain with such a declared enemy to christ ? certainly the scripture-commands of making no covenant or league , interdicting entering into any affinity with the people of these abominations , and forbidding saying a confederacy with them , do lay awful bonds on the faithful to stand aloof from such . the people might have had liberty of conscience under the assyrian protection , when they were saying a confederacy with him , but in so doing they forefaulted the benefit of the lord being a sanctuary to them . to bargain therefore with such an one for a toleration of religion , were contrary to the scriptures , contrary to the covenants and principles of the church of scotland , against associations & confederacies with such enemies . see gillesp. useful case of conscience concerning assoc. hinted pag. . and more head. . arg. . but to accept of this liberty as now offered were a bargaining ; for where there is a giving & receiving upon certain conditions , where there are demands & complyance ; commands & obedience , promises & relyance , offers upon termes & acquiescence in these termes , what is there wanting to a bargain , but the meer formality of subscriptions ? at least it cannot be denied , but the addressers have bargained for it , and in the name of all the accepters , which must stand as their deed also ; if they do not evidence their resentment of such presumption , which i do not see how they can , if they abide under the shadow thereof the same way as they do . i grant liberty is very desirable , and may be taken & improven from enemies of religion : and so do the wanderers now take it & improve it to the best advantage , without receiving it by acquiescing in any termes . but such a liberty as this was never offered without a destructive design , nor ever received without a destructive effect . it is one of the filthie flatteries found in the english addresses , particularly that from totness , that the present indulger is like another cyrus who proclaimed liberty to the people of god ezra . . but who sees not the disparity in every respect ? cyrus at his very first entry into the government did lay out himself for the churches good ; this man who speaks now so fair , his first work was to break our head and next to put on our hood , first to assert & corroberate his prerogative , and then by virtue of that to dispense with all penal lawes : it was foretold that cyrus should deliver the church at that time ; but was it ever promised that the church should get liberty to advance antichrist ? or that antichrist , or one of his limbs , should be employed in the churches deliverance , while such ? the lord stirred up the spirit of cyrus ; can it be said without blasphemy that the lord stirred up this man , to contrive the introduction of poperie by this gate & gap , except in a penal sense for judgment ? cyrus had a charge to build the lord a house , but this is not a charge but a grant or licence , not from nor according to gods authority but mans , not to build christ a house , but a babel for antichrist ; and all this liberty is but contrived as scaffolding for that edifice , which when it is advanced then the scaffolding must be removed . . considering him in his relation as a magistrate , it were contrary to their testimony so often renewed & ratified , & confirmed with so many reasons , and sealed by so much blood , bonds , banishment , & other sufferings , to oune or acknowledge his authority which is meer usurpation & tyrannie ; in that by the lawes of the land he is incapable of government , and that he hath neither given nor can give , without an hypocritical & damning cheat , the oath & security indispensibly required of him before & at his entry to the government . yet this liberty cannot be complyed with , without recognoscing his authority that he arrogates in giving it : seeing he tenders it to all his good subjects , and gives it by his soveraign authority , and to the end that by the liberty thereby granted the peace & security of the government in the practice thereof may not be indangered ; and in the declaration to england , it is offered as an expedient to establish his government on sach a foundation , as may make his subjects happy , and unite them to him by inclination as well as duty ; to which indeed the acceptance thereof hath a very apt subserviency : seeing it implies , not only ouning of the government out of duty , but an union & joyning with it and him by inclination , which is a cordial confederacy with gods enemie , and a cooperating to the establishment of his tyrannie ; that the peace & security thereof may not be endangered . and in his former proclamation , he gives them the same security for their rights & properties , which he gives for religion ; and in the english declaration , addeth that to the perfect enjoyment of their propertie , which was never invaded &c. which to accept , were not only to take the security of a manifest lie , but to prefer the word of a man that cannot , must not , will not keep it ( without going cross to his principles ) to the security of right & law which is hereby infringed , and to acknowledge not only the liberty of religion , but the right of property to his grant : which when ever it is removed , there must remain no more charter for it , but stupid slavery entailed upon posterity , and pure & perfect tyranny transmitted to them . the sin & absurdity where of may be seen demonstrated head. . , considering the fountain whence it flowes , they cannot defile themselves with it . in the english declaration , it flowes from the royal will & pleasur● which speaks a domination despotical & arbitrary enough , but more gently expressed than in the scots proclamation ; where it is refounded on soveraign authority , prerogative royal , and absolute power : proclaiming by sound of trumpet à power paramount to all law , reason , & religion , and outvying the hight of ottoman tyranny ▪ a power which all are to obey without res●rve : a power to tolerate or restrain the protestant religion , according to his royal will or pleasure : an absolute power which can not be limited by lawes , nor most sacred obligations , but only regulated by the royal lust ; whereby indeed he may suffer the protestant religion , but only precariously so long as he pleases , and until his royal pleasure shall be to command the establishment of poperie , which then must be complyed with without control . whereby all the tenure that protestants have for their religion , is only the arbitrary word of an absolute monarch , whose principles oblige him to break it , and his ambition to disdain to be a slave to it . now the acceptance of this grant , would imply the recognizance of this power that the granter claims in granting it ; which utterly disolves all government , and all security for religion & liberty , and all the precious interests of men & christians : which to acknowledge , were contrare to scripture , contrary to reason , and contrary to the principles of the church of scotland , particularly the declaration of the gen. ass. iulij . . see pag. . &c. and contrary to the covenant . . considering the channel in which it is conveyed , they cannot comply with it . because it comes through such a conveyance , as suspends , stops , & disables , all penal lawes against papists , and thereby everts all the securities & legal bulwarks that protestants can have for the establishment of their religion ; yea in effect leaves no lawes in force against any that shall attempt the utter subversion of it , but rati●ies & leaves in ful vigour all wicked lawes & acts of parliament , against such as would most avowedly assert it ; and stops & disables none of the most cruel & bloody lawes against protestants : for the most cruel are such as have been made against field-meetings , which are hereby left in ful force & vigour . hence as he hath formally by absolute power suspended all lawes made for the protection of our religion , so he may when he will dispense with all the lawes made for its establishment ; and those who approve the one by such an acceptance , cannot disallow the other , but must recognosce a power in the king to subvert all lawes , rights , & liberties , which is contrare to reason as wel as religion , and a clear breach of the national & solemn league & covenants . . considering the ends of its contrivance , they dare not have any accession to accomplish such wicked projects , to which this acceptance would be so natively subservient . the expressed ends of this grant are , to unite the hearts of his subjects to him in loyaltie and to their neighbours in love , as in the former proclamation ; and that by the liberty granted the peace & security of his government in the practice thereof may not be endangered , as in the latter proclamation ; and to unite the subjects to him by inclination as well as duty which he thinks can be done by no means so effectually as by granting the free exercise of religion , as in the english declaration . whence we may gather not obscurely , what is the proper tendency of it , both as to the work & worker , to wit , to incline & induce us by flatterie to a lawless loyaltie , and a stupid contented slavery when he cannot compel us by force , and make us actively cooperate in setting & settling his tyranny , in the peaceable possession of all his usurpations , robberies , & encroachments upon our religion , lawes , & liberties , and to incorporate us with babylon , for wbo are the neighbours he would have us unite with in love , but the papists ? against whom all the lovers of christ must profess themselves irreconcileable enemies . the english declaration does further discover the design of this device , in one expression which will most easily be obtained to be beleeved of any in it , viz. that he heartily wishes that all the people of these dominions were members of the catholick church : which clearly insinuates , that hereby he would entyce them to commit fornication with that mother of harlots ; which entycing to idolatrie ( if we consult the scripture ) should meet with another sort of entertainment than such a kind & thankful acceptance , which is not an opposing of such a wicked wish , but an encouraging & corroberating of it . and further he sayes , that all the former tract of persecutions never obtained the end for which it was employed ; for after all the frequent & pressing endeavours that were used , to reduce this kingdom to an exact con●ormity in religion , it is visible the success has not answered the design , and that the difficultie is invincible . wherein we may note his extorted acknowledgment , that all former endeavours to destroy the work of god have been successless , which induces him to try another method , to which this acceptance is very subservient , to wit , to destroy us and our religion by flatteries , and by peace to overturn truth , and by the subversion of lawes to open a door to let in poperie and all abominations . but what is more obscurely expressed in his words , is more visibly obvious in his works , to all that will not willingly wink at them ; discovering clearly the end of this liberty is not for the glory of god , nor the advantage of truth , or the churches edification , nor intended as a benefit to protestants ; but for a pernicious design , by gratifying a few of them in a pretended favour to rob all of them of their chiefest interests , religion , lawes , rights , & liberties , which he could not otherwise effectuate but by this arbitrary way ; for if he could have obtained his designs by law : he would never have talked of lenity or liberty , but having no legal ends he behoved 〈◊〉 compass them by illegal means . they must then be very blind who do not see , his drift is , first to get in all popish officers in places of publick trust , by taking off the penal lawes disabling them for the same ; then to advance his absoluteness over all lawes , in a way which will be best acknowledged & acquiesced in by people , till he be so strengthened in it that he fears no control ; and then to undermine & overturn the protestant religion , & establish poperie & idolatrie : which he is concerned the more violently to pursue , because he is now growing old , and therefore must make hast , lest he leave the papists in a worse condition than he found them : which to be sure the papists are aware of , and their conscious fears of the nations resentments of their villanies will prompt them , as long as they have such a patron , to all vigilance & violence in playing their game : and withall , hereby he may intend to capacitate himself for subduing the dutch , against whom he hath given many indications of a hostile mind of old & of late ; not only in hiring two rascals to burn the amsterdam-fleet heretofore , but in stirring up & protecting the algerine pyrats against them ; so universal a protector is he become of late , that papists & protesiants , turks & iewes are shrouded under the shadow of his patrociny , but with a design to destroy the best , when his time comes . which cursed designs cannot be counteracted , but very much strengthened by this acceptance . . considering the effects already produced thereby , they cannot but abhor it . seeing the eyes of all that are tender may affect their hearts , observing how the papists are hereby encouraged & encreased in numbers , the whole nation overflow'd wlth their hellish locusts , and all places filled with priests & iesuites , yea the executive power of the government put into the hands of the romanists , and on the other hand how the people are endangered with their abounding & prevailing errors ( to which the lord may & will give up those that have not received the love of the truth ) truth is sallen in the streets & equity cannot enter , a testimony against antichrist is abandoned & laid aside as unseasonable , the edge of zeal for the interest of christ is blunted and its fervor extinginshed , they that should stand in the gap and upon the watch tower are laid aside from all opposition to the invasions of the enemy , and lulled asleep by this bewitching charm & intoxicating opium , ministers & professors are generally settling on their lees and languishing in a fatal security , defection is carried on , division promoted , and destruction is imminent . is it not then both a part of the witness of the faithful , and of their wisdom to stand aloof from such a plague , that hath such destructive effects ? . considering the nature & name of this pretended liberty , they cannot but disdain it as most dishonourable to the cause of christ. it is indeed the honour of kings and happiness of people ; to have true humane & christian liberty established in the common wealth , that is , liberty of persons from slaverie ; liberty of priviledges from tyranny , and liberty of conscience from all impositions of men ; consisting in a freedom from the doctrines , traditions , & commandments of men against or beside the word of god , in the free enjoyment of gospel ordinances in purity & power , and in the free observance & establishment of all his institutions of doctrine , worship , discipline , & government , in subordination to the only rule of conscience , the revealed will of its only law-giver jesus christ. when this is ratified as a right by the sanction of approven authority , and countenanced & encouraged as religion , by the confirmation of lawes , approving whatsoever is commanded by the god of heaven to be done for the house of the god of heaven ( which is the full amount of all magistrats authority ) then we are obliged to accept of it with all thankful acceptation . but such a liberty , as overturns our rights , our priviledges , our lawes , our religion , and tolerates it only under the notion of a crime , and indemnifies it under the notion of a fault to be pardoned , and allowes the exercise thereof only in part so & so modified , cannot be accepted by any to whom the reproach thereof is a burden , and to whom the reproaches of christ are in esteem , in such a day when even the hoofs of christs interest buried in bondage are to be contended for . whatever liberty this may be to some consciences , it is none to the tender according to the rule of conscience , it is only a toleration which is alwayes of evil : for that which is good cannot be tolerated under the notion of good , but countenanced & encouraged as such . therefore this reflects upon our religion , when a toleration is accepted which implies such a reproach : and the annexed indemnity & pardon tacitely condemns the profession thereof as a fault or crime , which no christian can bear with , or by his acceptance homologate these reproaches , if he consider the nature of it : and much more will he be averse from it , if he consider how dishonourable it is to god ( whatever some addressers , particucularly the presbyterians at london , have blasphemously alledged , that god is hereby restored to his empire over the conscience ) since the granter , after he hath robbed the mediator of his supremacy and given it away to antichrist , and god of his supremacy imperial as universal king by a claim of absolute power peculiar to him , he hath also robbed him of his empire over the conscience , in giving every man the empire over his oun conscience , which he reserves a power to retract whem he pleases . . considering the extent of it , they cannot class themselves amoug the number of them that are indulged thereby . it takes in not only the arch-bishops & bishops , and the prelatical & malignant crue , but all quakers , and papists , reaching all idolatry , blasphemy , & heresie , and truth also ( which could never yet dwell together under one sconce ) whereby the professors of christ come in as partners in the same bargain with antichrists vassals ; and the lords ark hath a place with dagon , and its priests & followers consent to it ; and the builders of babel & of ierusalem ar made to build together , under the same protection ; and a sluce is opened to let the enemy come in like a flood , which to oppose the accepters cannot stand in the gap nor lift up a standart against them . liberty indeed should be universally extended to all the lords people , as cyrus his proclamation was general , who is there among yow of all his people ? his god be with him . but a toleration of idolaters , blasphemers , & hereticks , as papists , &c. is odious to god , because it is contrary to scripture , expressly commanding idolaters to die the death , and all seducers & entycers to apostasie from god to be put to death without pity ; and commending all righteous magistrats that executed judgement accordingly , as asa , hezekiah &c. yea even heathen magistrats that added their sanction to the lawes of god , as artaxerxes is approven for that statute , that whosoever will not do the law of god and of the king , judgement should be executed speedily upon him . and in the new testament this was never repealed but confirmed , in that the sword is given to magistrats , not in vain , but to be a terror to , and revengers to execute wrath upon all that do evil , among whom seducers that are evil workers & idolaters are chiefly to be ranked , being such as do the worst of evil to mankind . ephesus is commended because they could not bear them which are evil : and thyatira reproved for suffering iezebel : by which it appeareth , that our lord jesus is no friend to toleration . it is true this is spoken against church-men ; but will any think that will be approven in civil powers , which is so hateful in church officers ? surely it will be the duty & honour of these horns spoken of revel . . to eat the whores flesh & burn her with fire : and shall that be restricted only to be done against the great antichrist , & not be duty against the lesser antichrists , the limbs of the great one ? it is recorded of iulian the apostate , that among other devices he used , to root out christianity this was one , that he gave toleration openly to all the different professions that were among christians , whereof there were many heretical in those dayes : which is exactly aped by iames the apostate now for the same end . it is also contrare to the confession of faith chap. . § . asserting that for their publishing such opinions , or maintaining of such practices , as are contrary to the light of nature , or to the known principles of christianity , whether concerning faith worship , or conversation , or to the power of godliness , or such erroneous opinions or practices , as either in their oun nature , or in the manner of publishing or maintaining them , are destructive to the external peace & . order , which christ hath established in the church ; they may lawfully be called to account , and proceeded against by the censures of the church , and by the power of the civil magistrate . and therefore to accept of this toleration is inconsistent with the principles of the church of scotland , with the national & solemn league & covenants , & solemn acknowledgment of sins & engagement to duties , in all which we are bound to extirpate poperie , prelacie &c. with the whole tract of contendings in the fifth period above related , and particularly by the testimony of the synod of fife , and other brethren in the ministry , against cromuels vast toleration & liberty of conscience , mentioned above pag. . for it is plain , if it be not to be suffered , then it is not to be accepted . . considering the termes wherein it is offered , they cannot make such a shameful bargain . in the former proclamation it is granted expressly under several conditions , restrictions , & limitations : whereof indeed some are retracted in the latter , as the restriction of it to moderate presbyterians , which would seem to be taken off by extending to all without reserve to serve , god in their oun may ; but being evidently exclusive of all that would serve god in christs way , and not after the mode prescribed , it is so modified and restricted that all that will accept of it must be moderate presbyterians indeed , which as it is taken in the court sense must be an ignominy to all that have zeal against antichrist . the limitation also to private houses and not to out-houses , is further enlarged to chappels or places purposely hired but still it is stinted to these , which they must bargain for with councellors , shiriffs &c. so that none of these restrictions & limitations are altogether removed , but the condition of taking the oath only : yet it is very near to an equivalency homologated , by the accepters acknowledging in the granter a prerogative & absolute power over all lawes , which is confirmed & maintained by their acceptance . as for the rest that are not so much as said to be removed , they must be interpreted to remain , as the termes , conditions , restrictions , & limitations , upon which they are to enjoy the benefite of this toleration . and what he sayes , that he thought fit by this proclamation further to declare , does confirme it , that there are further explications , but no taking off of former restrictions . hence it is yet clogged with such provisions & restrictions , as must make it very nauseous to all truly tender ( ) the restriction as to the persons still remains , that only moderate presbyterians , and such as are willing to accept of this indulgence allanerly , and none other , and such only whose names must be signified to these sheriffs , stewards , bailifs &c. are to have the benefit of this indulgence : wherey all the zealous & faithful presbyterians are excluded , ( for these they will not call them moderate ) and all that would improve it without a formal acceptance , and all who for their former diligence in duty are under the lash of their wicked law , and dare not give up their names to those who are seeking their lives , must be deprived of it . ( ) it is restricted to certain places still , which must be made known to some one or more of the next privie councellors & whereby they are tied to a dependence on their warrand , and must have their lease & licence for preaching the word in any place , and field-meetings are severely interdicted , though signally countenanced of the lord , whereby the word of the lord is bound & bounded ; and by this acceptance their bloody lawes against preaching in the open fields , where people can have freest access with conveniency & safety , are justified . ( ) the manner of meeting is restricted , which must be in such a way as the peace & security of the government in the practice thereof may not be endangered , and again that their meetings be peaceably held , which is all one upon the matter with the bond of peace , and binding to the good behaviour so much formerly contended against by professors , and is really the same with the condition of the cautionary bond in the indulgence after bothuel , of which see pag. . and further they must be openly & publickly held , and all persons freely admitted to them ; which is for the informing trade , exposing to all the inconveniences of iesuites , and other spies & flies their delations , in case any thing be spoken reflecting on the government , a great tentation to ministers . ( ) the worst of all is upon ther matter of preaching . which is so restricted & limited , that nothing must be said or done contrare to the well & peace of his reign , seditious or treasonable ; and in case any treasonable speeches be uttered the law is to take place against the guilty , and none other present , providing they reveal to any of the council the guilt so committed , as in the former proclamation : and in the last it is further declared , that nothing must be preached or taught , which may any way tend to alienate the hearts of the people from him or his government . here is the price at which they are to purchase their freedom ( a sad bargain to buy liberty & sell truth ) which yet hardly can be so exactly paid , but he may find a pretence for retrenching it when he pleases ; for if a minister shall pray for the overturning of a throne of iniquity , or for confounding all that serve graven images , and for destruction to the pope and all that give their power to that beast , there will be something said against the well of his government ; or if any shall hear this and not delate it , then the same pretence is relevant ; or if he shall preach against the kings religion as idolatry , and the church of rome as babylon , and discharge his conscience & duty in speaking against the tyrannie of the times ; or let him preach against any publick sin faithfully , a popish critick or romish bigot shall interpret it to be an alienation of the peoples hearts from the king & his government . but who can be faithful , and preach in season & out of season now , but he must think it his duty to endeavour to alienate the hearts of the people from such an enemy to christ , and his absolute tyranny , so declaredly stated against god ? what watchman must not see it his indispensable duty , to warn all people of his devilish designs to destroy the church & nation , and preach so that people may hate the whore , and this pimp of hers ? sure if he preach the whole counsel of god , he must preach against poperie & tyrannie . and if he think this indulgence from absolute prerogative , granted & accepted on these termes , can supercede him from this faithfulness , then he is no more the servant of christ but a pleaser of men . therefore since it is so clogged with so many restrictions , so inconsistent with duty , so contrary to scripture , so clearly violatory of covenant-engagements , so cross to the constant contendings & constitutions of this church , and acts of ass. ( see pag. . &c. ) it were a great defection to accept of it . . considering the scandal of it , they dare not so offend the generation of the righteous by the acceptance , and dishonour god , disgrace the protestant profession , wrong the interest thereof , and betray their native country , as thus to comply with the design of antichrist , and partake of this cruel tender mercy of the beast ; who hath alwayes mischief in his heart , and intends this as a preparative for inducing or inforcing all that are hereby lulled asleep either to take on his mark , or bear the marks of his fiery fury afterwards . for hereby forreign churches may think , we are in a fair way of reconciliation with antichrist , when we so kindly accept his harbingers favours . and it cannot but be very stumbling to see the ministers of scotland , whose testimony used to be terrible to the popish and renouned through all the protestant churches , purchasing a liberty to themselves at the rate of burying & betraying the cause into bondage & restraint , and thus to be laid by from all active & open opposition to antichrists designs , in such a season . the world will be tempted to think , they are not governed by principles but their oun interest in this juncture , seeking their oun things more than the things of christ ; and that it was not the late usurpation upon , & overturning of religion & liberty that offended them , so much as the persecution they sustained thereby ; but if that arbitrary power had been exerted in their favours , tho with the same prejudice of the cause of christ , they would have complyed with it as they do now . alas sad & dolorous have been the scandals given & taken by & from the declining ministers of scotland heretofore , which have rent & racked the poor remnant , and offended many both at home & abroad , but none so stumbling as this . and therefore the tender will be shie to medle with it . . considering the addresses made thereupon , with such a stain of foulsome & blasphemous flatteries , to the dishonour of god , the reproach of the cause , the betraying of the church , and detriment of the nation , and exposing themselves to the contempt of all , the poor persecuted partie dare not so much as seem to incorporate with them . i shall set doun the first of their addresses , given forth in the name of all the presbyterian ministers , and let the reader judge whether there be not cause of standing aloof from every appearance of being of their number . it is dated at edinburgh , iulj . . of this tenor . to the kings most excellent majestie . the humble address of the presbyterian ministers of his majesties kingdom of scotland . we your maj. most loyal subjects , the ministers of the presbyterian persuasion in your ancient kingdom of scotland , from the due sense we have of your maj. gracious & surprising favour , in not only puting a stop to our long sad sufferings for non-conformity , but granting us the liberty of the publick & peaceable exercise of our ministerial function without any hazard : as we bless the great god who hath put this in your royal heart , do with all find our selves bound in duty to offer our most humble & hearty thanks to your sacred majestie , the favour bestowed being to us and all the people of our persuasion valuable above all our earthly comforts , especially since we have ground from your maj. to beleeve that our loyaltie is not to be questioned upon the account of our being presbyterians , who as we have amidst all former tentations endeavoured , so we are firmly resolved still to preserve an intire loyaltie in our doctrine & practice ( consonant to our known principles , which according to the holy scriptures are contained in the confession of faith , generally ouned by presbyterians in all your maj. dominions ) and by the help of god so to demean our selves , as your maj. may find cause rather to enlarge than to diminish your favours towards us ; throughly perswading our selves from your maj. justice & goodness , that if we shall at any time be otherwise represented , your maj. will not give credit to such information , until yow have due cognition thereof : and humbly beseeching , that those who promote any dsloyal principles & practices ( as we disoune them ) may be looked upon as none of ours , whatsover name they may assume to themselves . may it please your most excellent maj. graciously to accept of this our most hmble address , as proceeding from the plainness & sincerity of loyal & thankful hearts , much engaged by your royal favour , to continue our fervent prayers to the king of kings , for divine illumination & conduct , with all other blessings spiritual & temporal , ever to attend your royal person & government , which is the greatest duty can be rendered to your maj. by your maj. most humble , mast faithful , & most obedient subjects . subscribed in our names , and in the name of the rest of our brethren of our persuasion , at their desire . which received this gracious return . the kings letter to the presbyterians in his ancient kingdom of scotland . we love yow well : and we heartily thank yow for your address : we resolve to protect yow in your liberty , religion , & properties all our life : and we shall lay doun such methods , as shall not be in the power of any to alter hereafter . and in the mean tune we desire yow to pray for our person & government . to which may be added that kind complement of the chancellors : gentlemen , my master hath commanded me to tell yow , that i am to serve yow in all things within the compass of my power . these gentlemen needed not to have been sollicitous , that those who avouch an adherance to the covenanted reformation , and avow an opposition to antichristian usurpers ( which they call promoting dislayal principles & practices ) might not be looked upon as of their confederacy : for all that abide in the principles & practices of the church of scotland ( which they have deserted ) and that desire to be found loyal to christ , in opposition to his and the churches and the countries declared enemy , would count it a sin & scandal , laying them obnoxious to the displeasure of the holy & jealous god , who will resent this heinous indignity they have done unto his majestie ( if they do not address themselves unto him for pardon of the iniquity of this address , which is the desire of those whom they disoune that they may find grace to do so ) and a shameful reproach , exposing them to the contempt of all of whom they expect sympathie , to be reckoned of their association who have thus betrayed the cause & the country . these mutual complements ( so like the caresses of the romish whore whereby she entyces the nations to her fornication ) between the professed servants of christ and the vassals of antichrist , if they be cordial ; would seem to import that they are in a fair way of compounding their differences and to accommodate their oppositions at length ; which yet i hope will be irreconcileably maintained & kept up by all true presbyterians , in whose name they have the impudence to give out their address : but if they be only adulatory & flattering complements , importing only a conjunction of tails like samsons foxes ) with a disjunction of heads and hearts , tending towards distinct & opposite interests ; then , as they would suite far better the dissmulations of politicians , than the simplicity of gospel-ministers , and do put upon them the brand of being men-pleasers rather than servants of christ , so for their dissemblings with dissemblers , who know their complements to be and take them for such , they may look to be paid home in good measure , heaped up & running over , when such methods shall be laid doun as shall not be in the power of any to alter , when such designs shall be obtained by this liberty and these addresses , that the after bought wit of the addressers shall not be able to disappoint . however the address it self is of such a dress , as makes the thing addressed for to be odious , and the addressers to forefault the respect , & merit the indignation of all that are friends to the protestant & presbyterian cause , as may appear from these obvious reflections . . it was needful indeed they should have assumed the name of presbyterians ( though it might have been more tolerable to let them pass under that name , if they had not presumed to give forth their flatteries in the name of all of that persuasion , and to alledge it was at their desire ; which is either an illuding equivocation , or a great untruth , for though it might be the desire of the men of their oun persuasion , which is a newly start up opinion that interest hath led them to espouse , yet nothing could be more cross to the real desires of true presbyterians , that prefer the truth of the cause to the external peace of the professors thereof ) and call it the humble address of presbyterian ministers : for otherwise it could never have been known to come from men of the presbyterian persuasion ; seeing the contents of this address are so clearly contrary to their known principles . it is contrary to presbyterian principles , to congratulate an antichristian usurper for undermining religion , and overturning lawes & liberties . it is contrary to presbyterian principles , to justify the abrogation of the national covenant , in giving thanks for a liberty whereby all the lawes are called & disabled therein confirmed . it is contray to presbyterian principles , to thank the king for opening a door to bring in poperie , which they are engaged to exstirpate in the solemn league & covenant . it is contrary to presbyterian principles to allow or accept of such a vast toleration for idolaters & hereticks , as is evident above from all their contendings against it , which is also contrary to the confession of faith , generally ouned by presbyterians , as may be seen in the place forecited chap. . par. . it is contrary to presbyterian principles to consent to any restrictions , limitations , & conditions , binding them up in the exercise of the ministerial function , wherewith this liberty is loaded & clogged ; whereby indeed they have the liberty of the publick & peaceable exercise of it , without any hazard of present persecution , but not without great hazard of sin , and incurring the guilt of the blood of souls , for not declaring the whole counsel of god , which addressers cannot declare , if they preserve an intire loyaltie in their doctrine , as here they promise . . there is nothing here sounds like the old presbyterian strain ; neither was there ever an address of this stile seen before from presbyterian hands . it would have looked far more presbyterian like , instead of this address , to have sent a protestation against the now openly designed introduction of poperie , and subversion of all lawes & liberties which they are covenanted to maintain , or at least to have given an address in the usual language of presbyterians , who used alwayes to speak of the covenants , and work of reformation : but here never a word of these , but of loyaltie to his excellent , to his gracious , and to his sacred majestie , of loyaltie not to be questioned , an entire loyaltie in doctrine , a resolved loyaltie in practice , and a servent loyaltie in prayers : and all that they are solicitous about , is not lest the prerogatives of their master be encroached upon , and the liberties of the church be supplanted , and religion wronged ; but lest their loyaltie be questioned , and they be otherwise represented : and all that they beseech for is , not that the cause of christ be not wronged , nor antichristian idolatrie introduced by this liberty ; but that these who promove any disloyal principles & practices may be looked upon as none of theirs , wherein all their encouragment is , that they persuade themselves from his maj. justice & goodness , that he will not give credite to any other information until he take due cognition thereof . here is a lawless unrestricted loyaltie to a tyrant , claiming an absolute power to be obeyed without reserve , not only professed , but solicitously sought to be the principle of presbyterians ; whereas it is rather the principle of athiestical hobbes exploded with indignation by all rational men . this is not a christian loyaltie , o● profession of consciencious subjection , to a minister of god for good who is a terror to evil doers , but a stupid subjection & absolute allegiance to a minister of antichrist , who gives liberty to all evil men & seducers . this is not the presbyterian loyaltie to the king , in the defence of christ his evangel , liberties of the country , ministration of iustice , & punishment of iniquity , according to the national covenant ; and in the preservation & defence of the true religion & liberties of the kingdoms , according to the solemn league & covenant ; but an erastian loyaltie to a tyrant , in his overturning religion lawes & liberties , & protecting & encouraging all iniquity . this loyaltie in doctrine will be found disloyaltie to christ , in a sinful & shameful silence at the wrongs done to him , and not declaring against the invasions of his open enemies . this loyaltie in practice is a plain betraying of religion & liberty , in lying by from all opposition to the open destroyer of both . and this loyaltie in prayers , for all blessings ever to attend his person & government , will be found neither consonant to presbyterian prayers in reference to popish tyrants , nor consistent with the zeal of christians , and the cries of all the elect unto god to whom vengeance belongs , against antichrist and all his supporters , nor any way conforme to the saints prayers in scripture , nor founded upon any scripture promises , to pray for a blessing to a papists tyrannie , which cannot be of faith and therefore must be sin . it were much more suitable to pray , that the god which hath caused his name to dwell in his church , may destroy all kings that shall put to their hand to alter & destroy the house of god , ezrah . . . . this address is so stuffed with sneaking flatteries , that it would become more sycophants & court-parasites than ministers of the gospel ; and were more suitable to the popish , prelatical , & malignant faction to congratulate & rejoice in their professed patroh & head , and fill the gazetts with their adulatory addresses , which heretofore used to be deservedly inveighed against by all dissenters ; than for presbyterians to take a copy from them , and espouse the practice which they had condemned before , and which was never commended in any good government , nor never known in these british nations , before oliver's usurpation & charles his tyranny ; flatterie being alwayes counted base among ingenuous men . but here is a rhapsodie of flatteries , from the deep sense they have of his maj. gracious & surprising favour — finding themselves bound in duty to offer their most humble & hearty thanks , to his sacred maj. the favour bestowed being to them — valuable above all earthly comforts . one would think this behoved to be a very great favour , from a very great friend , for very gracious ends : but what is it ? in not only puting a stop to their long sad sufferings ; which were some ground indeed if the way were honest : but this not only supposes an also ; what is that ? but also granting us the liberty — which is either a needless tautology ( for if all sufferings were stopped , then liberty must needs follow ) or it must respect the qualifications of the liberty ; flowing from such a fountain , absolute power ; through such a conveyance , the stoping all penal lawes against papists ; in such a forme as a toleration ; for such ends , as overturning the reformation & introducing poperie . this is the favour for which they offer most humble & hearty thanks , more valuable to them than all earthly comforts ; thô it be manifestly intended to deprive the lords people , at the long run , of the heavenly comforts of the preached gospel . sure , if they thank him for the liberty , they must thank him for the proclamation whereby he grants it , and justify all his claim there to absoluteness , being that upon which it is superstructed , and from which it emergeth , and so become a listed faction to abett & oune him in all his attemptings , engaged now to demean themselves as that he may find cause rather to enlarge than to diminish his favours , which can be no other way but in assisting him to destroy religion & liberty , at least in suffering him to do what he will without control . o what an indeleble reproach is this for ministers , who pretend to be set for the defence of the gospel , thus to be found betraying religion , through justifying & magnifying a tyrant , for his suspension of so many lawes whereby is was established & supported . . it were more tolerable if they went no further than flatteries : but i fear they come near the border of blasphemie , when they say , that the great god hath put this in his royal heart : which can bear no other construction but this , that the holy lord hath put it in his heart to assume to himself a blasphemous & absolute power , whereby he stops & suspends all penal lawes against idolaters , and gives a toleration for all errors : or if it be capable of any other sense , it must be like that as the lord is said to have moved david to number the people , or that rev. . . god hath put it in their hearts to fulfill his will , and to aggree aud give their kingdom unto the beast . but to bless god and thank the tyrant for this wicked project , as deliberate & purposed by men , i say is near unto blasphemy . and again where they say , they are firmly resolved by the help of god so to demean themselves as his maj. may find cause rather to enlarge than to diminish his favours ; this in effect is as great blasphemy as if they had said , they resolved by the help of god to be as unfaithful time-serving & silent ministers as ever plagued the church of god ; for no otherwise can they demean themselves so as he may find cause to enlarge his favours towards them , it being no way supposible that his enlarging his favours can consist with their faithfulness , but if they discover any measure of zeal against antichrist , he will quickly diminish them . thus far i have compendiously deduced the account of the progress , & prosecution of the testimony of this church to the present state thereof , as it is concerted & contended for , by the reproached remnant now only persecuted : which i hope this pretended liberty shall be so far from obscuring & interrupting , that it shall contribute further to clear it , and engage them more to constancy in it , and induce others also to countenance it , when they shall see the sad effects of this destructive snare , which i leave to time to produce : and hope , that as the former representation of their cause will conciliate the charity of the unbyassed , so an account of their sufferings thereupon will provoke them to sympathie . to which i now proceed . part . ii. containing a brief account of the persecution of the last period , and of the great sufferings whereby all the parts of its testimony were sealed . the foregoing deduction , being the first thing i proposed to be discussed in the method of this essay , hath now swelled to such a bulk , that the last period of it doth in a manner swallow up what i intended to have said on the second : because it gives grounds to gather the methods & measures that our adversaries have managed , for the ruin of this witnessing remnant , and also discovers some special steps of their sufferings within these . years past , under the tyranny of both the brothers . it will now be the more easie to glean the gradations of the means & machins , used by this popish , prelatical , & malignant faction , to raze the work of reformation , and to build their babel of poperie & slaverie on the ruines thereof ; and to aggregate an account in brief of the great sufferings of the faithful . which though it be beyond my power and besides my purposes at present , to offer a narrative of it , with any proportion to the greatness of the subject ; a more particular relation thereof , being now projected , if providence permit , to be published to the world , which will discover strange & unheard of cruelties : yet in this little heap of some hints only of the kinds of their sufferings , i do not question but it will appear , that the persecution of scotland hath been very remarkable , and scarcely out-done by the most cruel in any place or age , in respect of injustice , illegality , & inhumanity , though perhaps inferiour in some other circumstances . but that none could be more unjust , illegal , or inhumane , i need not further , i cannot better , demonstrate than only to declare the matter of fact , as it fell out in the several steps of the last period . . in the entry of this fatal catastrophe , the first of their mischievous machinations was to remove out of the way all who were eminent instruments in carrying on the former work of god , or might be of influence for obstructing their antichristian & tyrannical designs , both in the state and in the church . and accordingly when the marque●s of argyle , who had a main hand in bringing home the king , and closing the second treaty at breda , went up to london to congratulate his return from exile , he was made prisoner in the tower , thereafter sent doun to scotland , indyted of high treason , at length beheaded , and his head placed upon the tolbooth of edinburgh ( a watch word of warning to our addressers , who may ere all be done meet with the same sawce ) for no other alledged cause , but for his complyance with the english when they had our land in subjection ; a thing wherein the judges that condemned him were socii criminis : but really for another provocation that incensed the king against him , which made him a tyrant as infamous for villanie as for violence , to wit , for his reproving the king ( when others declined it ) for an adulterous rape , which he held for so piacular a crime , that he resolved nothing should expiate it but the blood of this nobleman . for the same pretended cause was the lord waristoun afterwards executed to death at edinburgh , after they had missed of their design of taking him off by clandestine ways abroad . then they fall upon the ministers : and because mr iames guthrie was a man , who had been honoured of god to be zealous & singularly faithful in carrying on the work of reformation , and had asserted the kingly authority of christ in opposition to the erastian supremacy encroaching thereupon , therefore he must live no longer , but is condemned to die , and most basely handled as if he had been a most notorious thief or malefactor ; he is hanged , & afterward his head placed upon one of the ports of edinburgh ; where it abideth to this day preaching not only against the enemies rebellion against god , but against the defection of many ministers since , who have practically denied that great truth for which he suffered , viz , his testimony against the supremacy , and for declining the usurped authority of him who arrogated it . at the same time there was a proclamation , which they caused to be read at all the church-doors , discharging ministers to speak against them or their proceedings , whereby profane & malicious persons were encouraged to witness against their ministers . by which means ( though many were in no hazard , thinking it commendable prudence , commended indeed by the world , but hateful unfaithfulness before god , to be silent at such a time ) some faithful ministers giving faithful & free warning & protesting against the present defection , were condemned of treason , and banished out of the three dominions . others indicta causa without access to give in their defences , were sentenced with banishment , and could never get an extract of their sentence : and furder were compelled to subscribe a bond , under pain of death to remove out of all the dominions betuixt & such a day . this was the lot , and also the blot , of these famous & faithful ministers , mr iohn livingstoun , mr ro m● ward , mr io. broun &c. who spent the rest of their dayes in holland , serving their generation by their excellent writings . then after they had disposed of many other ministers , whom they thrust out for not keeping the th of may , having now laid by the most eminent , & whom they feared most of the ministrie , they shortly thereafter outed & violented the rest from the exercise of their ministrie , and straitened them with strange & severe confinements , yea because they would not be out done 〈◊〉 suppressing religion by any , no not by iulian the apostate , they proceeded to poyson all the springs & fountains of learning ; ordaining that none be masters in universities , except they take the oath of supremacy , & oune the government of prelacy , and none be admitted to teach in a school without the prelats licence . these courses brought many ministers & expectants to great sufferings . . hitherto they reached only noblemen , gentlemen , & ministers , and others whom they thought might stand in their way : of advancing their cursed designs . the next drift is , when they had emptied the churches of ministers , and filled them with the vermine of ignorant & scandalous curats , to force the people to conformity , and to disoune & discountenance their oun ministers ; first , by severe edicts of exorbitant fining not only the persons themselves contraveening , but those that had the superiority over them , & rigourous execution of these fines , to the depopulation of a poor country , by military force . whereby , where there was but one church in the bounds , still enjoying a minister whom the people could hear , the profane souldiers would beset that church in time of worship , and cause all within to pay their fines , or take the garments from them that could not , and beat them to the effusion of their blood : and where the church was planted with a curat , the souldiers would come and call the names of the parishoners , and amerciate the absents in such fines as they pleased . in other places they went to private houses , and by force drove them to church , even though sick & unable . but where the dissenters were numerous , great bands of legal robbers were sent to exact & extort these exorbitant fines , by plundering , quartering , beating , wounding , binding men like beasts , chasing away from houses , and harrassing whole countrysides , in a hideous manner . and yet after all these insolencies , some of the common sort were compelled to subscribe an acknowledgment , that the captain had used them civilly & discreetly ; though the account of others of that place manifests the violence to have been so monstrous , that it justified the greatest barbarity : shewing their exactions to have been intolerable , both for the quantity , without all proportion or pity , and for the manner of it , consuming & wasting poor peoples provision by their very dogs , and sparing no more these who conformed than others who did not conform at all , and punishing husbands for their wives , yea doubling & tripling the same exactions after payment . next , though at first they did not imprison any for simple absenting themselves from the curats , yet they began to fill prisons with such as at any time shewed more than ordinary zeal against the curats intrusion , and testified their dissatisfaction to his face ; for which , some were imprisoned , scourged , stigmatized , and thereafter carried to barbadoes . others , because they would not give the prelats their title of lords , when conveened before them were also scourged : and one minister seised for preaching , and offending the prelates by the same fault , was carried first to the thieves hole , laid in irons in company with a madman , and then banished to shetland , the coldest & wildest of all the scots islands . . but when fining would not do , and still the people were more averse from the curats , by getting some times occasions of hearing their oun ministers in private : hence were houses forced & searched , many hailed to prisons , and several necessitate to escape at windowes with the hazard of their lives ; spies sent unto & set in suspected places , to seize & fall upon such as they found at such meetings , or but suspected to have been there . whence it came to pass , that many both men & women , young & old , have been dragged to prisons , & there closs keeped as malefactors , besides several other outragious & illegal acts of violence & oppression committed against them , contrare to all law , equity , & conscience . . after pentland defeat , they ruled by rage more than either law or reason . there . prisoners who were taken upon quarter , and solemn parol to have their life spared , yet treacherously & bloodily were all hanged ( except . that were reprieved ) who had much of the lords presence at their deaths , and assurance of his love , strengthening them to seal a noble testimony . one of them a much honoured young minister , only for having a sword about him though not present at the fight , did first most patiently endure the cruel torture of the boots ( a cruel engine of iron , whereby with wedges the leg is tortured until the marrow come out of the bone ) and afterwards death , with great courage & constancy . upon the scaffold , at their execution , they then began that barbarity never practised in scotland before , but frequently & al most alwayes at all the executions since , to beat drums that they might not be heard . after this conflict , many were forefaulted of their estates , and intercommuned , with inhibition to all to reset , conceal , or correspond with any that had escaped , under the pain of being accounted guilty of the same rebellion , as they called it . souldiers are permitted to take free quarter in the country , and licensed to all the abuses that either rapine or cruelty may suggest ; to examine men by tortures , threatnening to kill or rost alive , all that would not delate all they knew was accessory to that rising ; to strip them who did so much as resett the fugitives , & thrust them into prisons in cold , hunger & nakedness , and croud them so with numbers , that they could scarce stand together , having the miseries of their oun excrements superadded ; yea to m●rther without process such as would not , nay could not , discover those persecuted people . but not only time but heart & tongue would fail , to relate all the violences & insolencies , the stobbings , woundings , stripping & impriso●ings of menspersons , violent breaking of their houses both by day & night , beatings of wives & children , ravishings of women , forcings of them by fire matches & other tortures , to discover their husbands & nearest relations , although not within the compass of their knowledge , and driving away all their goods that can be carried away , without respect to guilt or innocency , and all the cruelties ▪ that were exercised without a check by these ruffians at that time . ii. after all these tender mercies & clemencies or cruelties , which his gracious maj. was pleased to confer or commit upon these poor contenders for religion & liberty ; he and his cabal the council , thought it not enough to suppress them with oppressions and force , distrusting the authority of his law ( that he knew the people would no more observe , than he would observe a promise or oath ) and diffiding also the authority of his sword , which he had above their heads ; he proposes termes of bargaining with them , whereupon he would suffer them to live , and to which he would have them bound to live according to his prescript : therefore , besides the old oaths of allegiance & supremacy that were still going among hands , he caused coyn new ones to keep the peace , and to live orderly , meaning to conforme themselves to the disorders of the times . whereby , after he had wrought such destruction to their bodies & estates , & almost nothing was left them but a bit of a conscience , he would rob them of that too ; verifying the constant character of the wicked , they only consult to cast a man doun from his excellency : what is a mans excellency but a good conscience ? but these men , having feared consciences of their oun not capable of any impression , they presume to impose upon all others , and cannot endure so much as to hear of the name of conscience in the country , except it be when it is baffled in the belchings of beastly mouths . as one , that was well acquaint with he councils humor in this point , told a gentleman that was going before them . to have one of these oaths imposed upon him , who was before hand signifying his scruples that he could not do such things in conscience ; conscience ( said he ) i beseech yow whatever yow do , speak nothing of conscience before the lords , far they cannot abide to hear that word . therefore it is , that since this last revolution there have been more conscience-debauching & ensnaring oaths invented & imposed , and some repugnant & contradictory to others , than ever was in any nation in the world in so short a time . and hereby they have had woful success in their designes , involving the generality of the land in the sin of perjurie & false swearing with themselves . and it hath been observed , that scarcely have they let on year pass without imposing some oaths or bonds upon presbyterians ; such alwayes as are unlawful to take , yea & impossible to keep , sometimes more obviously gross , some times more seemingly smooth , sometimes tendered more generally through the kingdom , sometimes imposed upon particular shires ; and these 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 trivial & common thing , & by making all men of as capacious consciences as themselves . . further they never ceased to express their fear of another rising ( their guilty consciences dictating that they deserved greater opposition ) hence , to secure themselves and incapacitate the people from further attempts of that nature , they order all withdrawers from churches , all who did not joyne to suppress the lords people , to deliver up their armes betuixt & such a day , and not keep a horse above such a very mean price , unfit for service . . when force could not do the business then they try flatteries ; and hence contrive that wicked indulgence to divide & distroy the ministers that remained , and to suppress meetings . but when this bait so well busked could not catch all , but still there were meetings for administring the ordinances ; their flatterie turns to fury , and the acceptance of that indulgence by some , and despising of it by others , did both animate & instigate them unto a following forth of their design , by all the cruel acts & bloody executions . and hereby the residue of the faithful of the land were exposed unto their rage , while the indulged became interpretatively guilt of , & accessorie to all the cruelties used & executed upon ministers & professors , for adhering unto that way . hence it was common at private & peaceable meetings when , without armes of defence , they were disturbed by souldiers , & exposed to all manner of villanous violence , some being dragged to prisons , some banished & sold to french captains to be transported with rascals , many intercommuned & driven from their dwellings & relations , great summes of money were proferred to any that would bring in severa● of the most eminent ministers , either dead or alive ; yea several at several times were killed , and others cruelly handled : all which for several years they patiently endured without resistence . but especially , when not only they were driven to the fields to keep their meetings in all weathers , summer & winter , but necessitate to meet with armes , then they raised more troups of horse & dragoons to pursue them with all rage , as traitors & rebels . hence what pursuings , hornings , huntings , hidings , wanderings through mountains & moors , and all kinds of afflictions , the people of god then met with , because of their following that necessary & signally blessed duty ; all the lands inhabitants know , the jaylors can witness to this day , and the barbarous souldiers , bloody executioners of the commands of their enraged masters , having orders to wound & kill and apprehend all they could take at these meetings , or on the way suspected to be going to or coming from them , having encouragment to apprehend some ministers , and bring them dead or alive , by the promise of two thousand merks , others valued at one thousand , and several professors also with prices put upon their heads . hence others that were taken of them were sent into the bass , a dry & cold rock in the sea , where they had no fresh water , nor any provision but what they had brought many miles from the country , and when they got it , it would not keep unspoiled . and others , both ministers and many hundreds of professors , were outlawed ; whereby all the subjects were prohibited to reset , supply , intercommune with any of them , or to correspond with them by word writ , or message , or furnish them with meat , drink , house , harbour , victual , or any other thing useful under the highest pains . hence also prisons were filled : and the wives & children of the outed ministers , that were come to edinburgh for shelter , were commanded to dislodge , within a short day prefixed , under the pain of being forcibly shut up or dragged out . for which and other such uses , to apprehend & seise on meetings , a major was appointed in edinburgh , with command over the toun guards , and a good salarie for that end . then prisons being filled , they were emptied to make room for others in ships , to be taken away to be sold for slaves , in one of which were sent to virginia above men , some ministers ; who , through the kindness & sympathie of some english godly people , were relieved at london . a greater barbarity not to be fonnd , in the reigns of caligul● or nero. . but all this is nothing to what followed : when , thinking these blood-hounds were too favourable , they brought doun from the wild highlands a host of savages upon the western shires , more terrible than turks or turtars , men who feared not god nor regarded man ; and being also poor pitiful skybalds , they thought they had come to a brave world , to waste & destroy a plentiful country , which they resolved before they left it to make as bare as their oun . this hellish crue was adduced to work a reformation , like the french conversions , to press a band of conformity , wherein every subscriber was bound for himself & all under him , wife , children , servants , tenants , to frequent their paroch-churches , and never to go to these meetings , nor reset nor intertain any that went , but to informe against , pursue , & deliver up all vagrant preachers as they called them , to t●yal & judgement . which they prosecuted with that rigor & restless boundless rage , that the children then unborn and their pitiful mothers do lament the memory , of that day , for the loss of their fathers & husbands . many ho●ses & families then were left desolate in a winter flight , many lost their cattel & horses , and some in seeking to recover them lost their lives , by the sword of these burrio's . so that it was too evident , both by what orders was given , the severitie of prosecuting , and the expressions of some great ones since , that nothing less than the utter ruin and desolation of these shires was consulted and concluded , and that expedition at that time calculated for that end ; for what else can be imagined could induce to the raising , or barbarous savages the joyning them to the standing forces , and with such cruel orders the directing them all to the west ; where there was not one person moving the finger against them ; neither could they pretend any quarrel , if it was not the faithfulness of the people there in their covenanted religion , and their hoplessness of complying to their popish and tyrannical designs , and therefore no course so feasible as to destroy them ; so for dispatching thereof , order is given forth that whosoever refuseth to subscribe that hell-hatched bond , must instantly have , , , , moe or fewer according to his condition as he is poorer or richer , of these new reformers sent to him , to ly not only upon free quarters to eat up and destroy what they pleased , but also ( for the more speedy expedition ) ordered to take a six pence for each common souldier a day , and the officers more , according to their degrees , and so to remain till either the bond was subscribed , or all destroyed ; nor was these trusties deficient to further their purposes in prosecuting their orders , who coming to their quarters used ordinarly to produce a billgate for near to as many more as came , and for these absents they must have double money , because their landlord was not burthened with their maintenance , and where that was refused would take the readiest goods , and if any thing remained not destroyed and plundered at their removeing , which was not transportible , rather then the owner should get any good of it , they would in some places set fire to it , as they did with the corn-stacks . it would require several great volumes to record the many instances of horrid barbarities , bloods , and villanies of that wicked expedition , so that what by free quarterings , exactions , robberies , thifts , plunderings and other acts of violence & crueltie , many places was ruined almost to desolation , all which the faithful choosed rather to suffer , than to sin in complying : and albeit their oppression was exceeding lamentable , and their loss great , yet that of the complyers was greater and sader who lossed a good conscience in yielding to them , and compounding with them . then the country behoved to pay the souldiers for all this service , and hire them to do more , by paying the imposed cess ; whereby they were sharpened into a greater keenness in cruel executions of their orders , returning to those places of the country whether they had chased the persecuted people , who still kept their meetings where-ever they were , though they could not attend them but upon the hazard of being killed , either in the place ( where some had their blood mingled with their sacrifice ) or fleeing , or be exposed to their dreadful cruelties more bitter than death . for then it was counted a greater crime , and punished with greater severity , for persons to hear a faithful minister preach , than to commit murder , incest , adulterie , or to be guiltie of witchcraft , or idolatrie , or the grossest abominations : for these have past unpunished , when some for their simple presence at a meeting , have been executed unto the death . then also , when some were forced to flee into the english border for shelter , there also were parties ordered to pursue those poor hunted partridges , who could not find a hole to hide their head in . there we lost a valiant champion for truth , and truly zealous contender for the interest of christ , that universally accomplished gentleman & christian , tho. ker of heyhope , who was cruelly murthered in a rancounter with a party of the english side . thereafter followed that lamentable stroke at bothuel , where about were killed on the field , and about . or taken prisoners , and stript , & brought into edinburgh in a merciless manner . after which , first two faithful & painful ministers & witnesses of christ , mr iohn kid & mr iohn king , received the croun of martyrdom , sealling that testimony with their blood , and many others after them for the same cause . then the enemy , after the manner used before , first to wound our head and then put on a hood upon it ( as they have done alwayes after a mischief , and intending a greater ) offered their bond of peace , on termes that clearly condemned the cause , never to rise in armes against the king &c. by which bond , many of the prisoners , after they had lyen several weeks in a church-yard , without the shadow of a house to cover them night & day , were liberate : and many of the rest , by the persuasion of some ministers , at whose door their blood lied as well as at the enemies , took that bond ; and yet were sent away with others that did not take it , in a ship bound for america between , . and . in all , who were all murdered in the ship , being shut up under the hatches , when it split upon a rock in the north of scotland , except about persons ; whereof many to this day are living witnesses of such a cruelty . iii. hitherto only the common rules & rudiments of the art of persecution were put in practice , exactly quadrating with the rules of adam 〈◊〉 the 〈◊〉 for introducing of poperie , in his polit. lib. . cap. ● . which are , ( ) to proceed as musicians do , in tuning the●● instruments gradually . ( ) to press the examples of some eminent men to draw on the rest . ( ) to banish all arch hereticks at once ( that is the most zealous witnesses of christ ) or at least with all expedition by degrees . ( ) to put them out of all power & trust , and put in friends to the catholick interest . ( ) to load the protestant opinions , as are most obnoxious , with all odious constructions . ( ) to discharge all private conventieles ▪ ( ) to 〈◊〉 & execute rigorous lawes against the most dangerous . ( ) to foment all quarrels among prote●●●●ts , and strengthen the party that is ready to comply . 〈…〉 , and many other of a deeper projection & greater ●erfection , were fallen upon afterwards , equalling● the most mischievous machins of spanish inquisition ; 〈◊〉 the methods that effectuated the desolation of the church of 〈◊〉 , that were exactly followed , as they are related in clarks martyrology . especially the last of cantzens rules was industriously observed , in the device of the indulgences both before & after bothwel ; which contributed more to the rending & ruining the remnant , 〈◊〉 expose the faithful to rage & cruelty , than any thing for when by these ensnaring favours many were drawn away from their duty , the rest that maintained it , and kept 〈◊〉 the testimony ; were both the more easily preyed upon ; and more cruelly insulted over . hence the few field-meetings that were kept , were more fiercely pursued after bothwel than the many before , and more cruel lawes were made against them , and more bloody executions , than i can find words to express in short . but in a word , no party of t●rtars invading the land , or crue of cutthroats destroying the inhabitants , or the most capital malefactors , could have been more violently opposed , or more vigorously sought to be suppressed , than these poor meeters were . but i must make some more special hints . . they not only raised more forces to exhaust the strength & substance of the already wasted country , and laid on & continued from one terme to another that wicked exaction & cruel oppression of the cess , for the same declared ends of suppressing & banishing what remained of the gospel , and imposed localities for maintaining the souldiers imployed in those designs ; for refusing which many families were pillaged , plundered , & quite impoverished , besides the heating & abusing them : but also they went on unweariedly with their courts of inquisition , pressing the bonds of peace , and dragging them like dogs to prisons that would not subscribe them , and for taking up in their porteous rolls the names of all that were suspect to have been at 〈◊〉 in●urection ; which they gathered by the informations of ●●●cophants , and reputed them convict if being 〈◊〉 they did not appear , and forced others to swear 〈◊〉 , and delate upon oath whom they did either ●ee or heard that they were in armes , or went to meetings . and such as refused suffered bonds or banishment . yea , having made it criminal to reset , harbour , corrospond or converse with these whom they declared rebels , they thereupon imprisoned , fined , & ruined vast numbers , 〈◊〉 having seen or spoken with some of them , or because they did not discover or apprehend them when they 〈◊〉 they might , and even when they were not obliged and could not know whether they were ob●o●ious persons or not : for which many gentlemen & others were indy●ed & imprisoned , and so●e arraigned & condemned to death . for these causes , the country 〈◊〉 harrassed & destroyed by four extraordinary circuit 〈◊〉 successively going about with their numerous train●● whereby many were grievously oppressed , and with their oppressions tempted with many impositions of conscience debauching oaths , & bonds to compear when called , and to keep the church , and to refrain from going to meetings &c. and by these tentations involved in complyances and defections . . to enrich themselves by these means with the spoyl of the country did not satisfie these destroyers ; but they must glut themselves with the blood of the saints , upon every pretext that they could catch , under any colour of law. as upon the account of bothwel insurrection , many were cruelly executed to the death , some gentlemen , and some common country men , without any legal conviction , by packing bloody juries & assises most partially for their murdering ends , besides more than can be reckoned that were kept to perish in their imprisonments . and not only for being actually in armes , or any overt act of transgressing their wicked lawes , but even for their extorted opinion of things , or because they could not condemn these necessitated risings in armes to be rebellion and a sin against god , which they were forced to declare by terrible menacings of death & torture , they have been condemned to death ; making their arbitrary lawes to reach the heart , thoughts , & inward sentiments of the mind , as well as outward actions . whereupon this became a criminal question robbing many of their lives , was the rising at bothwel-bridge rebellion and a sin against god ? and this another , was the killing of the bishop of st andrewes horrid murther ? which if any answered negatively , or did not answer affirmatively , they were cruelly condemned to death : for which first five innocent christians were execute upon the spot , where that murtherer fell . tho they declared , and it was known , they were as free as the child unborn , and that some of them had never seen a bishop that they knew from another man , and were never in that place of the country where he was killed . and afterwards this was the constant question that all brought before them were troubled with , which some avouching to be duty were dismembered alive , their hands struck off , and then hanged , and their heads cut off when dead . . after sanquhair declaration , they observed the jesuites rules more exactly , especially that mentioned above to load the opinions as are most obnoxious with all odious constructions , and to make it both criminal to declare them , and also criminal to conceal & wave their intrapping questions thereupon . for after mr hal● was killed at the queensferrie , and mr cameron with several worthies were slain at airsmoss , and after mr hackstoun for declining the authority of his murderers , head and tail , and for being accessory to executing judgement upon the arch-traitor or arch-bishop of st andrewes ( thô he laid not his hands on him himself , nor was present at the action , but at a distance when it was done ) was tortured alive , with the cuting off of his hands , and then hanged , and before he was dead ripped up , his heart taken out , carried about on the point of a knife and throun into a fire , and afterwards his body quartered . then , not only such as were with that litle handful at airsmoss were cruelly murdered , but others against whom they could charge no matter of fact , were questioned if they ouned the kings authority ? which if any did not answer affirmatively & positively , he was to look for nothing but exquisite torments by terrible kinds of tortures , & death besides . and if any declared their judgement , that they could not in conscience oune such authority as was then exercised ; or if they declined to give their thoughts of it , as judging thoughts to be under no humane jurisdiction ; or if they answered with such innocent specifications as these , that they ouned all authority in the lord , or for the lord , or according to the word of god , or all just & lawful authority , these under-went & suffered the capital punishment of treason . and yet both for declining & declaring their extorted answers about this , they were condemned as unsufferable maintainers of principles inconsistent with government . . but here , as in egypt , the more they were afflicted the more they grew , the more that the enem●es rage was increased the more were the people inflamed to inquire about the grounds of their suffering , seeing rational men and religious christians die so resolutely upon them ; and the more they insisted in this inquisition , the more did the number of witnesses multiply , with a growing increase undauntedness , so that the then shed blood of the martyrs became the seed of the church , and as by hearing & seeing them so signally countenanced of the lord many were reclaimed from their courses of complyance , so others were daylie more & more , confirmed in the wayes of the lord , and so strengthened by his grace that they choose rather to endure all torture , and embrace death in its most terrible aspect , than to give the tyrant & his complices any acknowledgment : yea not so much as to say , god save the king , which was offered as the price of their life , and test of their acknowledgment , but they would not accept deliverance on these termes , that they might obtain a better resurrection . which so enraged the tygrish truculency of these persecuters , that they spared neither age , sexe , nor profession : the tenderness of youth did not move them to any relenting , in murdering very boyes upon this head , nor the gray hairs of the aged ; neither were women spared , but some were hanged , some drouned , tied to stakes within the sea-mark , to be devoured gradually with the growing waves , and some of them of a very young , some of an old age . especially after the murder of the never to be forgotten martyr , mr cargil , the multitude of merciless sufferings upon this account cannot be enumerated ; which encreased far beyond all the former steps , after the lanerk declaration , which was burnt with great solemnity by the magistrats of edinburgh in their robes , together with the solemn league & covenant , which had been burnt before , but then they would more declaredly give new demonstrastrations of their rage against it , because they confessed and were convinced of its being conforme unto & founded upon that covenant . and because the incorporation of lanerk did not , because they could not , hinder the publishing of it , therefore they were threatened with the loss of their priviledges and forced to pay merks . upon the back of which , the sufferings of poor people that ouned the testimony were sadder & sharper , and further extended than ever : some being banished for souldiers to flanders , &c. some to be sold as slaves in carolina , and other places in america , to empty the filled prisons and make room for more ● which were daylie brought in from all quarters , and either kept languishing in their ●asty prisons , or thiefes holes , in bolts & irons to make them weary of their life , or dispatched as sacrifices and led as dumb sheep to the slaughter , without suffering them to speak their dying words , for beating of drums , or disposed of to masters of ships to be transported in slaverie . . had they satisfied themselves with murdering them out of hand , it would have been more tolerable , and reckoned some degree of mercy , in comparison of their malice ; which , after all their endeavours to murder their souls , by ensnaring offers , enslaving bonds , blasphemous & contradictory oaths , and multiplying captious questions to catch the conscience , or at least vexe the spirits of the righteous , whom they could not prevail with to put forth their hands into iniquity , did proceed to invent all exquisite torments more terrible than death . some at their first apprehending were tortured with fire-matches , burning and for ever thereafter disabling their hands : then laid fast & locked up in great irons upon their legs , where they lay many moneths in the cold of winter , without any relaxation . some were tortured with the boots , squeezing out the marrow of their legs : others with thumbkins , piercing & bruising the bones of their thumbs : and some tormented with both one after another , and besides kept waking nine nights together by watchful souldiers . who were sworn not to let the afflicted person sleep all that time . . all this tyranny had been the more tolerable , if they had kept within any bounds of colourable or pretended shadow of legality , or in any consonancy to their oun wicked lawes , or exemplars of any former persecutions . but in an ambition to outdo all the nero's , domitians , dioclesians , duke d' alva's , or lewis de grands , they scorned all formes as wel as justice of law , and set up monstrous monuments of unprecedented illegalitie & inhumanitie . for when , after all their hornings , harrass●ngs , huntings , searchings , chasings , catchings , imprisonments , torturings , banishments , and effusions of blood , yet they could not get the meetings crushed , either in publick or private , nor the zeal of the poor wanderers quenched , with whom they had interdicted all harbour , supply , comfort , refreshment , converse or corrospondence , and whom they had driven out of their oun & all other habitations , in touns , villages , or cottages , to the deserts , mountains , moors , & mosses , in whose hags & holes they were forced to make dens & caves to hide themselves , but that they would still meet for the worship of god , either in publick ( though mostly in the cold winter nights ) or in their private fellowships for prayer & conference ; and to rescue their brethren , and prevent their murder in these extremities , would surprize and take advantages of the souldiers now & then : they then raged beyond all bounds , and not only apprehending many innocent persons ( against whom they had nothing to accuse them of , but because they could not satisfie them in their answers ) sentenced , and executed them , all in one day , and made an act to do so with all ; but allowed the bloody souldiers to murder them , without either tryal or sentence . especially after the apologetical declaration , affixed on the church-doors , they acted with an unheard of arbitrariness . for not only did they frame an oath of abjuration , renouncing the same ; but pressed it universally upon pain of death , upon all men & women in city & country , and went from house to house forcing young & old to give their judgement of that declaration , and of the kings authority &c. to ridicule and reproach and make a ludibrum of all government : yea impowered souldiers , & common varlets , to impannel juries , condemn & cause to be put to death innocent recusants , and having stopt all travel & commerce without a pass , signifying they had taken that oath , they gave power to all hostlers & inn-keepers to impose oaths , upon all passengers , travellers , gentlemen or countrymen , who were to swear that their pass was not forged . and prisoners that would not take the oath , were according to the foresaid act condemned , sentenced , & execute , all in one day , and early in the morning , that the people might not be affected with the spectacles of their bloody severities . yea spectators also , that gathered to see the execution , were imposed upon , and commanded to give their judgement , whether these men were justly put to death or not . and not only so , but after that , they gave orders & commands to to the souldiers to pursue the chase after these wanderers more violently , and shoot or other wise put them to death wherever they could apprehend them : whereby many were taken & instantly most inhumanely murdered . iv. in the begining of this killing time , as the country calls it ; the first author & authorizer of all these mischiefs , charles ii. was removed by death . then one would have thought , the severity would have stopped : and the duke of york succeding , in his late proclamation would make the world beleeve , that it never was his principle , nor will he ever suffer violence to be offered to any mans conscience , nor use force or invincible necessity against any man on the account of his persuasion ; smooth words , to cover the mischiefs of his former destructions , and the wickedness of his future designs . to which , his former celebrated saying , that it would never be well till all the south-syd of forth were made a hunting-field , and his acts & actings designed to ve●ify it , since his unhappy succession , do give the lie . for immediatly upon his mounting the throne , the executions and acts prosecuting the persecution of the poor wanderers , were more cruel than ever . . there were more butchered & slaughtered in the fields , without all shadow of law , or trial , or sentence , than in all the former tyrants reign ; who were murdered without time given to deliberate upon death , or space to conclude their prayers , but either in the instant when they were praying shooting them to death , or surprizing them in their caves , and murdering them there , without any grant of prayer at all ; yea many of them murdered without taking notice of any thing to be laid against them , according to the worst of their oun lawes , but slain & cut off without any pity , when they were found at their labour in the field , or travelling upon the road . and such as were prisoners were condemned for ●e●using to take the oath of abjuration , and to oune the authority , and surprized with their execution , not knowing certainly the time when it should be , yea leff in suspense whether it should be or not , as if it had been on design to destroy both their souls & bodies . yea queens●errie had the impudence to express his desire of it , when some went to sollicite him , being then commissioner , for a reprieval in favours of some of them , he told them , they should not have time to prepare for heaven , hell was too good for them . . there have been more banished to forreign plantations in this mans time , than in the others . within these two years , several shipfulls of honest & consciencious sufferers have been sent to iamacia ( to which before they were sent , some had their ears cutt ) new ieresey , & barbadoes , in such crouds & numbers , that many have died in transportation ; as many also died before in their pinching prisons , so thronged that they had neither room to lye nor sit . particularly the barbarous usage of a great multitude of them that were sent to denotter castle , when there was no room for them in edinburgh , is never to be forgotten ; which the wildest & rudest of savages would have thought shame of . they were all that long way made to travel on foot , men & women , and some of both sexes , very infirme & decrepite through age , and several sick , guarded by bonds of souldiers , and then put in to an old ruinous & rusty house , and shut up under vauts above in a room , men & women , without air , without ease , without place , either to lie , or walk , & without any comfort save what they had from heaven , & so straitened for want of refreshment which they could not have but at exorbitant prices inconsistent with their poor empty purses , and so suffocated with the smell of the place , and of their oun excrements , that as several of them died , so it was a wonder of mercy that any of them could outlive that miserie : yet there they remained some moneths , at a distance from all their friends , being sent thither to that northern corner out of the south & west borders of the country ; and some out of london . whose transportation hither , if it were not a part of this tragical story , would seem a merry & ridiculous passage to strangers discovering the ridiculous folly as well as the outragious fury of their persecuters . for at a private meeting in london , among others some scotchmen , of very mean figure , some taylors , a shoemaker , a chap man &c. were taken , & being found to be scotchmen , were not only examined at the common courts there but by sir andrew foster , by express commission from the late king a litle before his death ; who threatened them under a strange sort of certification ( considering what fell out immediately thereafter ) that assuredly they should be sent to scotland very shortly , if there were not a revolution of the government . but this revolution following within a few dayes retarded it a litle : yet not long thereafter they were sent in a yacht , with a guard of souldiers , and a charge of high treason . but when brought before the council of scotland , the amount of all that ●ussle with them was , a question posed to them under pain of death , whether the king should be king or no ? that is , wheither they ouned his authority or not . yet thô some of the poor men did oune it , they were sent to denotter castle : and thence among the rest banished & transported to new iersey ; in which passage , by reason of their croud & bad provision , the most part in the ship were cast into a fever , and upwards of died yea even since the former proclamation for this pretended liberty , there are . men and . women sent to barbadoes against whom nothing could be a●ledged but matters of meer religion & conscience : which , as it proclaims the notoriousness of these impudent lies wherewith the proclamations for this liberty are stuffed ; so it puts an indeleble brand of infamy upon some l●ndon merchants , that are said to pretend to some profession of religion , who sent the ship to transport them , thereby to make gain of the merchandise of the lords captives . . there have been more cruel acts of parliament enacted in this tyrants time , than the former made all his reign . for in his first parliament held by queensberrie commissioner , not only was there an act for making it treason to refuse the oath of abjuration , confirming all the illegalities of their procedure hereupon before ; but an act making it criminal to oune the covenant , and another act making it criminal for any to be present at a field meeting , which was only so to preachers before . yet neither these acts , and all the executions following upon them , have daunted , nor i hope shall drive them , nor the indemnity and toleration ( so generally now applauded ) draw them from the duty of ouning both these , that are so much the more publickly to be avouched , that they are so openly interdicted by wicked & blasphemous tranny , though for the same they expect from the scotish inquisition all the murdering violence , that hell & rome and malignant rage can exert . but to conclude this tragical deduction : as these hints we have heaped together of the kinds & several sorts ( the particulars being impossible to be reckoned ) of barbarities and arbitrary methods , used in carrying on this persecution , demonstrating the reign or rather rage of these two dominators , under which we have houled these , years , to be a complete & habitual tyranny , do discover the inhumanity & illegality of their proceedings , having no other precedent save that of the french conversions , or spanish inquisition , out done by many stages in respect of illegality by the scotish inquisition , and the practices of the council of scotland , and iusticiary court ; so i shall shut up all in a summarie relation , of the common practicks & formes of procedure in these courts : which will be useful to understand a litle more distinctly , to the end the innocency of sufferers may more clearly appear . . they can accuse whom they will , of what they please ; and if by summar citation , he will not , may be because he cannot , compear , if once his name be in their porteous rolls , that is sufficient to render him convict . . they used also to seize some , and shut them up in prison year & day , without any signification of the cause of their imprisonment . . they can pick any man off the street , and if he do not answer their captious questions , proceed against him to the utmost of severity ; as they have taken some among the croud at executions , & imposed upon them the questions . . they can also go through all the houses of the city , as well as the prisons , and examine all families upon the questions of the councils catechisme , upon the hazard of their life ; if they do not answer to their satisfaction , as hath been done in edinburgh . . when any are brought in by seisure , sometimes ( as is said before ) they let them lie long without any hearing , if they expect they cannot reach them : but if they think they can win at them any way , then they hurry them in such hast , that they have no time to deliberate upon , and oftentimes have no knowledg● or conjecture of , the matter of their prosecution . yea if they be never so insignificant , they will take diversion from their weightiest affairs , to examine & take cognizance of poor things , if they understand they dare vent or avow any respect to the cause of christ : and the silliest body will not escape their catechization , about affairs of state , what they think of the authority &c. . if they be kept in prison any space , they take all wayes to pump and discover what can be brought in against them : yea sometimes they have exactly observed that device of the spanish inquisition , in suborning & sending flies among them , under the disguise & shew of prisoners , to search & find out their minds , who will outstrip all in an hypocritical zeal , thereby to extort & draw forth words from the most wary , which may be brought in judgement against them the next day . . when prisoners are brought in before them , they have neither lybel nor accuser , but must answer super inquirendis , to all questions they are pleased to ask . . if at any time they forme a sort of lybel , they will not restrict themselves to the charges thereof , but examine the person about other things altogether extraneous to the lybel . . they have frequently suborned witnesses ; and have sustained them as witnesses , who either were sent out by themselves as spies & inte●ligencers , or who palpably were known to delate those against whom they witnessed out of a pick & prejudice , and yet would not su●●er them to be cast for partial counsel . . if they suppose a man to be wary & circumspect , and more prudent than forward in the testimony ; then they multiply questions , and at first many impertinent interrogations , having no connexion with the cause , to try his humour & freedom , that they may know how to deal with him ; and renew & reiterate several criminal examinations , that they may know whereof , and find matter wherein , to indyte him by endeavouring to confound , or intrap , or involve him in confessions , or contradictions , by wresting his words . . they will admit no time for advice , nor any lawful defence for a delay , but will have them to answer presently , except they have some hopes of their complyance , and find them begining to stagger & succumb in the testimony ; in that case , when a man seeks time to advise , they are animated to a keenness to impose , and encouraged to an expectation of catching by their snares , which then they contrive & prepare with greater cunning . . if a man should answer all their questions , and clear himself of all things they can alledge against him yet they used to impose some of the oaths , that they concluded he would not take ; and according to the measure of the tenderness they discovered in any man , so they apportioned the oaths to trap them , to the stricter the smoother oaths , to the laxer the more odious , that all natural consciences did scar at . . they will not only have their lawes obeyed , but subscribed ; and they reckon not their subjects obedience secured by the law-makers sanction , but the peoples hand-writing ; and think it not sufficient that people transgress no lawes , but they must also oune the justice of them , and the authority that enacts them , and swear to maintain it : and yet when some have done all this , and cleared themselves by all complyances , they will not discharge them , but under a bond to answer again when called . . they will have their lawes to reach not only actions but thoughts , and therefore they require , what people think of the bishops death , and of bothwel insurection ; and whether they oune the authority , when they can neither prove their disouning of it , nor any way offending it . . they will have men to declare their thoughts , and hold them convict if they do not answer positively all their captious questions ; and if they will not tell what they think of this or that , then they must go as guilty . . if they insist in waving , and will not give categorical answers , then they can extort all and prove what they please by torture : and when they have extorted their thoughts of things , thô they be innocent as to all actions their law can charge them with , then they used to hang them when they had done . . they have wheedled men sometimes into confession either of practices or principles , by promising to favour their ingenuity , and upbraiding them for dissemblers if they would not , and by mock-expostulations , why were they ashamed to give a testimony ? and then make them sign their confessions at the council , to bring them in as a witness against them at the criminal court. . yea not only extrajudicial confession will sustain in their law , but when they have given the publick faith , the kings security , the act & oath of council , that their confesion shall not militate against them , they have brought it in as witness against them , and given it upon oath , when their former oath & act was produced in open court , in demonstration of their perjurie . . when the matter comes to an assize or cognizance of a iurie , they use to pack them for their purpose , and pick out such as are listed , who they think will not be bloody enough . . sometimes when the jurie hath brought their verdict in favours of the pannal , they have made them sit doun , & resume the cognition of the case again , and threatened them with an assize of errour if they did not ●ring him in guilty . . yea most frequently the kings advocate used to command them to condemn and bring in the pannal guilty , under most peremptory certification ; of punishment if they should not ; so that they needed ●o juries but only for the fashion . . sometimes they have sentenced innocent persons twice , once to have their ears cut and be banished , and after the lopping of their ears , some have been re-examined and sentenced to death , and execute . . they have sentenced some and hanged them both in one day ; others early in the morning , both to surprize the persons that were to die , and to prevent spectators of the sight of their cruelty ; others have been kept in suspense , till the very day & hour of their execution . . not only have they murdered serious & zealous followers of christ , in taking away their lives , but endeavoured to murder their names , and to murder the cause for which they suffered ; loading it with all reproaches , as sedition & rebellion &c. which was their peculiar policy , to bring the heads of sufferings to points that are most obnoxious to mens censure , and accounted most extrinsick to religion , whereby they levelled their-designs against religion , not directly under that notion , but obliquely in the destruction of its professors , under the odium & reproach of enemies to government . . but chiefly they labour to murder the soul , defile the conscience , and only consult to cast a man doun from his excellency , which is his integrity ; that is a christians croun , and that they would rather rob him of as any thing , either by hectoring or flattering him from the testimony ! which they endeavour by proposing many offers , with many threatenings in subtile termes ; and pretend a great deal of tenderness , protesting they will be as tender of their blood as of their oun soul ( which in some sense is true , for they have none at all of their oun souls ) and purging themselves as pilate did , and charging it upon their oun head . . they will be very easie in their accommodations , where they find the poor man begining to faint , and hearken to their overtures wherein they will grant him his life , yeelding to him as cunning anglers do with fishes : and to persuade him to some length in complying , they will offer conference sometimes or reasoning upon the point , to satisfie & informe his conscience , as they pretend , but really to catch him with their busked hook . . if they have any hope of prevailing they will change a mans prison , and take him out from among the more strict & fervent in the cause , that might sharpen & strenghen his zeal , and put him in among the more cool & remiss . . sometimes they used to stage several together , whereof they knew some would comply , to tantalize the rest with the sight of the others liberty , and make them byte the more eagerly at their bait to catch the conscience . but when they had done all they could ; christ had many witnesses , who did retain the croun of their testimony in the smallest points , till they obtained the croun of martyrdom , and attained to the croun of glory , speaking boldly to them without fear or shame , and disdaining their flattering proposals , but looking on them under a right notion as stated there in opposition to christ ; whereby they found this advantage , that hence they were restrained from all sinful tampering with them , or intertaining any discourse with them , but what was suitable to speak to christs enemies , or doing any thing to save their life but what became christs witnesses , who loved not their lives unto the death . of whom universally this was observed , that to the admiration of all , the conviction of many enemies , the confirmation of many friends , the establishment of the cause , and the glory of their redeeme● , they went off the stage with so much of the lords coun●enance , so much assurance of pardon & eternal peace , so much hope of the lords returning to revive his work and plead his cause again in these lands , that never any suffered with more meekness , humility , & composure of spirit , and with more faithfulness , stedfastness , & resolution , than these worthies did for these despised & reproached truths : for which their surviving brethren are now contending & suffering , while others are at ease . part . iii. the present testimony stated and vindicated in its principal heads . by what is above premitted , the reader may see the series & succession of the testimony of christs witnesses in scotland from time to time , in all the periods of that church ; how it hath been transmitted from one generation to another doun to our hands ; how far it hath been extended ; and what increments it hath received in every period ; how it hath been opposed by a continued prosecution of an hereditary war against christ , by an atheistical , papistical , prelatical , and tyrannical faction ; and how it hath been concerted , contended for , maintained , & sealed actively & passively , by an anti-pagan , anti-popish , anti-prelatical , anti-erastian , anti-sectarian , and anti-tyrannical remnant of the followers , professors , confessors , & martyrs of christ in all ages . now it remains in the third & last place to consider the merit of the cause as it is now stated , to see whether it will bear the weight of those great sufferings wherewith it hath been sealed . i hope all the lovers of christ , who have an estee● . ●ven of his reproaches above all the treasures of egypt ; will grant that if these sufferings be stated on the least or lowest of the truths of christs , then they are not misstated , no● built upon a bottom that will not bear them , or is not of that worth to sustain them . for certainly every truth , the least of truths , is of greater value than any thing that we can suffer the loss of for it , yea of infinitely greater value than the whole world . so that if i prove these heads of suffering to be truths , wherein conscience is concerned , the cause will be sufficiently vindicated from the loadings & lashings of such as prefer peace to truth . & ease to dutie , who to justify their oun backwardness & detastable lukwarmness call some of them only state questions about things civil , and not gospel-truths and heads to state suffering upon : and if they be truths & duties , the cause will some way be rendered more illustrious , that it is stated upon the smallest hoofs & hair-breadths of the concerns of christs declarative glory ; as being a greater witness of its ouners love & loyalty to christ , and of their pure & tender zeal for his honour , than if for more substantial & fundamental truths , which a natural conscience may reclaim to decline , when for the meanest circumstantials of christs truths they dare & are ambitious to bestow their dearest blood . but if the complexe of them be impartially considered , no unprejudiced arbiter will suffer himself to have such extenuating impressions of the present word of patience , & testimony of the suffering remant in scotland this day : but it will appear to be a very weighty & worthy concern , as any that either men or christians can be called to witness for ; being the priviledge of all mankind , the duty of all christians , and the dignity of all churches , to assert , it is for the glory & croun prerogatives and imperial regalia of the king of kings , with reference to his visible kingdom , of which the government is layd upon his shoulders , against the heaven-daring usurpations & encroachments made thereupon , both as he is mediator & king & head of the church , and as he is god & universal king of the world . as he is mediator , it is his peculiar prerogative to have a supremacy & sole soveraignty over his oun kingdom , to institute his oun government , to constitute his oun lawes , to ordain his oun officers , to appoint his oun ordinances , which he will have observed without alteration , addition , or diminution untill his second coming : this his prerogative hath been & is invaded by erastian prelacy , sacrilegious supremacy , and now by antichristian poperie , which have overturned his government , inverted his lawes , subverted his officiers , & perverted his ordinances . as he is god & universal king , it is his in communicable property & glory , not only to have absolute & illimited power , but to invest his deputed ministers of justice with his authority & ordinance of magistracy , to be administred in subordination to him , to be regulated by his lawes , and to be improved for his glory & the good of mankind : this glory of his hath been invaded by tyrants & usurpers arrogating to themselves an absolute power , intruding themselves without his investment into authority , in a rebellion against him , in opposition to his lawes , and abusing it to his dishonour , and the destruction of mankind . against both which encroachments the present testimony is stated , in a witness for religion & liberty , to both which these are destructive . this will appear to be the result & tendency of the testimony in all its parts , opposed by the enemies of religion & liberty , and the end of all their oppositions , to bring it to this crinomenon , who shall he king ? iesus or cesar ? let any seriously search into all their proclamations & edicts against religion & liberty , this will be found to be the soul & sense of them , practically & really speaking to this purpose , especially since this man came to the throne . j. r. james the / by the v. of g. king of scotland , england , france , & ireland , defender of the antichristian faith : to'all & sundry our good subjects , whom these presents do or many concern , greeting . we having taken into our royal considerati●n , the many & great inconveniences which have happened in that our ancient kingdom of scotland , especially of late years , through the persuasions of the christian religion , & the great heats & animosities , betuixt the professors therof , and our good & faithful subjects , whose faith & religion is subject & subservient to our royal will ( the supreme law , & reason , & publick conscience ) to the disappointment of our projects , restraint of our pleasures , and contempt of the royal power , converting● true loyaltie & absolute subjection , into words & names ( which we care not for ) of religion & liberty , conscience & the word of god , thereby withdrawing some to the christian faction from an absolute & implicite subjection to us & our will , as if there were a superiour law to which they might appeal ; and considering that these rebellious christians do never cease to assert & maintain strange paradoxes , such principles as are inconsistent with the glory & interest of our government , as that the authority of kings should be hem'd in with limits , and that their acts & actions are to be examined by another rule than their oun authority to make them lawful , that somethings in the kingdom are not subject to the kings authority , that there is a kingdom within a kingdom not subordinate to the king , and that there is another king superior to the supreme whom they will rather obey than us , and that we must either take laws from him or otherwise we are not magistrats ; and considering also their practices are conforme to their , principles , they will not obey our lawes but the lawes of another inconsistent with ours , and will calculate their religion according to his lawes and not according to ours , and continually make their addresses to and receive ambassadours from a prince whom we know not , whom our predicessors of truely worthy memory did crucify , one iesus who was dead , whom they affirm to be alive , whose government they alledge is supreme over all kings whom they acknowledge but as his vassals ; being now by favourable fortune , not only brought to the imperial croun of these kingdoms through the greatest difficulties , but preserved upon the throne of our royal ancestors , which from our great founder nimrod of glorious memory , and our illustrious predecessors pharaoh , nebuchadnezzar , herod the great , nero , caligula &c. of blessed & pious memory , hath been ever opposite to and projecting the destruction of that kingdom of christ : do , after their laudable example , resolve to suppress that kingdom by all the means & might we can use , because his government is hateful to us , his yoke heavy , his sayings are hard , his lawes are contrary to our lusts ; therefore we will not let this man reign over us , we will break his bonds and cast away his cords , from us ; and advance & exerce our soveraign authority , prerogative royal , & absolute power , which all our subjects are to obey without reserve . and as by virtue of our supremacy , whereby we are above all , but such as we are pleased to subject our selves to , settled by law and lineally derived to us as an inherent right to the croun , we have power to order all matters of church as well as state , as we in our royal wisdom shall think fit , all laws & acts of christ to the contrary notwithstanding ; and accordingly in our royal wisdom have overturned the plat-form of that government which christ hath instituted , razed all courts fenced in his name , and severely interdicted all meetings of his subjects , and intertainment of his ambassadours ; many of whom , in contempt of him that sent them , we have punished according to law , for negotiating his affairs in our kingdoms without our pleasure , & requiring allegiance & obedience to him , after we had exauctorated him ; we have also established our right trusty & entirely beloved clerks in ecclesiastick affairs , and their underlings , by our authority to have the administration of the business of religion , and impowered our right trusty & well beloved cousins & counsellers , to compell all to submitt to them , by finings , confinings , imprisonment , banishment , oaths , & bonds , and all legal means : so now having prosecuted this war against christ to this length , that we have no fears of a rally of his forces again so often beaten , we are now engaged with other antichristian princes to give our power to our holy father antichrist , so far as may serve his purpose to oppse christ in his way ; but we reserve so much to our seeves , as may encroach upon him in our capacity . and therefore we have thought fit to restore to antichrist our ecclesiastical supremacy , from whom we borrowed it , and for which we have no use at present : but we resolve to maintain & prosecute our soveraign authority , prerogative royal , and absolute power foresaid , against christ , and without subordation to him , from whom as we sought none so we received no power by his warrant & grant , and against whom we mind to manage it to the utter most of out power . yet reflecting upon the conduct of the four last reigns , how after all the frequent & pressing endeavours that were used in each of them , to reduce our kingdoms to antichrist , the subjects of christ were so stubborn , that the success hath not answered the designe : we must now change our methods alitle , and tollerate that profession of christ which we cannot yet get overturned , his subjects being so numerous , but alwayes upon these termes , that they take aspecial care that nothing be preached or taught among them , which may be a testimony for christs prerogatives in opposition to our usurpation , or may any way tend to alienate the hearts of our people from us or our government , or preach his truths which we have condemned as seditious & treasonable , under the highest pains these crimes will import . hereby we shall establish our government on such a foundation , on the ruine of christs , as may make our subjects happy , and unite them to us by inclination as well as duty , in a belief that we will not constrain conscience in matters of meer religion : for which we have a dispensation from our holy-father , and also from our oun absoluteness , to be slaves to this promise no longer then consists with our interest : and which we have power to interpret as we please : and would have all to understand , that no testimony for christs supremacy against our encroachments thereupon , shall be comprehended under these matters of meer religion ●or which the conscience shall not be constrained : but we will have the consciences of such subjects of his , that dare assert it , brought to a test & probation how they stand affected in this competition betuixt us & this king iesus , and see whether they will oune or decline our authority , because not of him , nor for him , nor to him , but against him & all his interests . our will is therefore , that all who will countenance any other meetings of his subjects than we have allowed , or connive at them , shall be prosecuted according to the utmost severity of our lawes made against them , which we leave in full force & vigour notwithstanding of the premises . and for this effect , we further command all our iudges , magistrats , & officers of our forces , to prosecute all these subjects & followers of christ , who shall be guilty of treating with , or paying homage to that exauctorated king of theirs , in their assemblies with his ambassadours in the fields , with the utmost rigor as they would avoid our highest displeasure : for we are confident , none will after these liberties & freedoms we have given to all without reserve , to serve god publickly in such a way as we by our soveraign authority , prerogative royal , & absolute power foresaid , have prescribed & allowed , presume to meet in these assemblies , except such whose loyaltie to christ doth alienate them from us & our government . as also under the same certifications , by the same soveraign authority , prerogative royal & absolute power foresaid , we charge , impower , warrand , & authorize , against all hazards ( hell excepted ) all our foresaid judges & officers in their respective places , to prosecute & execute our lawes , against all that may be suspected or convicted of their adherence to christ , or be found guilty of ouning their allegiance to him as their liege lord by solemn covenant , which we have caused burn by the hand of the hangman , and declared criminal to oune it , or shall be found guilty of declining allegiance to us & our absolute authority , stated in opposition to him & his , or of maintaining that pernicious principle , inconsistent with our government that their lives are their oun , which they will preserve without surrender to our mercy : all which we command to be executed to death , or banished as slaves , as shall be found most conducible to our interest . and to the end , the few that remain of that way may be totally exterminated , we straitly command all our souldiers , horse & foot , to be ready upon order , to march & make search , pursue & follow , seise & apprehend , kill & slay & cause to perish , all such whether they shall be found at meetings , or in their wanderings , wherever they may be apprehended : and ordain all our good subjects to be assistent to these our forces , in prosecuting this war against christ and his followers , and contribute their best help & encouragement , in giving them their required maintinance , & duely paying the cess & locality imposed for that end ; and that they shall not dare to countenance , converse with , resett , harbour , supply , or keep any manner of correspondence with any of these traitors that adhere to christ , under the pain of being found airt & part with them , and obnoxious to the same punishments to which they are lyable ; but on the contrary to assist our forces , to apprehend , and raise the hue & cry after them wherever they shall be seen , that they may be forthwith purswed , seised , cut off , & destroyed , which we order to be instantly done upon the place , where ●●ey or any of them are apprehended , & that without any delay or mercy to age or sexe &c. on the other hand if any will take a look of the declarations & testimonies of the other party , without prejudice or stumbling at some expressions which may be offensive to criticks , he will find the scope & strain of them to have this importance . we , a poor company of persecuted , reproached , & despised christians ; who indeed have not many wise men among us after the flesh , not many mighty , not many noble , but are a few foolish , weak , base , & despised nothings in the world ; yet having this ambition to be his called , chosen , & faithful souldiers , who is king of glory , king of heaven , king of saints , king of nations , king of kings , whose kingdom is everlasting & universal ; considering the many insolent indignities , affronts , & reproaches cast upon his name & glory , and the many usurpations , encroachments , & invasions made upon his croun & dignity , by a pestilent generation of his atheistical , papistical , prelatical , & tyrannical enemies , who have rebelled against him , and have renounced , corrupted , & subverted his royal government , both in the church & in the world , both in his kingdom of grace and of power : do bear witness & testimony against these rebels , from the highest to the lowest : and assert the interest & title of our princely master , and oune allegiance & absolute obedience to him and his government , to which he hath all undoubted right ; an essential right by his eternal god head , being the everlasting father whose goings forth have been of old from everlasting ; a covenant right by compact with the father , to bear the glory and rule upon his throne , by virtue of the council of peace between them both ; a donative right by the fathers right of delegation , by which he hath all power given to him in heaven & in earth , and all authority even because he is the son of man ; an institute right by the fathers inauguration , which hath set him as king in zion ; an acquisite right by his oun purchase , by which he hath merited & obtained not only subjects to govern , but the glory of the sole soveraignty over them in that relation , a name above every name ; a bellical right by conquest , making the people fall under him , and be willing in the day of his power , and overcoming those that make war with him ; an hereditary right by proximity of blood & primogeniture , being the first born , higher then the kings of the earth , and the first born from the dead , that in all things he might have the preeminence ; an elective right by his peoples choise & surrender , a croun wherewith his mother crouned him in the day of his espousals . in a humble recognizance of all which rights , we oune & avouch , that he hath that incommunicable prerogative of sole soveraignty , over his visible kingdom as well as invisible , without a copartner or competitor , either coordinate or subordinate ; in prescribing lawes , by no humane authority to be reversed ; in appointing ordinances , immutable without addition or diminution , for matter or manner ; instituting a government , which no man or angel can without blasphemy arrogate a power either to invert or evert , change or overturn ; and constituting officers , which must depend only on his authority and his alone ; and must be cloathed only with his commission and his alone , guided by his instructions & his alone , acting according to his lawes & prescribed platforme and his alone , without any dependence on , subordination to , licence warrand or indulgence from , any mortal . and therefore we disoune & detest every thing that hath not the stamp of his authority , either in doctrine , worship , discipline or government : and will discountenance prelacy , supremacy , popery , and all corruption contrarie to his institution , who is sole & supreme lawgiver to the conscience , and will submit to , or comply with nothing that may directly or indirectly signify our respect unto them . hence we will take none of their oaths , subscribe none of their bonds , yeeld to none of their impositions , pay none of their exactions : neither will we hear or receive ordinances from any minister , but the faithful authorized ambassadours , of christ our king , whatever either rage or reproach we suffer for it . we assert & affirm also , that our exalted prince is king of the whole world , by whom kings reign & princes decree justice , as his ministers of justice , in subordination to him ; whom he hath appointed to rule over us , with just boundaries that they may not exceed , and true characters by which we should know them & pay them deference . and therefore , who soever shall arrogate to themselves and extend their power beyond & above his prescripts , being neither called to , nor qualified for , nor improving the office , for the ends he hath appointed ; we will acknowledge them no otherwise than usurping tyrants , & not magistrats nor ministers of justice , to whom he hath given the sword by his preceptive will , only as lyons , bears , wolves , to whom he hath given a rod by his providential will : in that case we may be passively subject when we cannot do better , but will never oune consciencious allegiance to them , nor oune them as our lawful magistrars ▪ and therefore we will not bow to their idols they have set up , nor prostitute either conscience or liberty to their lust , but will endeavour under our masters banner & conduct to preserve whatever he hath intrusted to us , religion , life , liberty , estate , and whatsoever the lord our god hath given us to possess , as they unjustly possess what their god gives them : and will maintain a war of constant opposition to them ( against whom our lord hath declared a war for ever ) without parly , treaty of peace , capitulation , composition , truce or any transaction : we will neither medle nor make with them less or more , nor seek their favour , nor embrace it when it is offered , on any termes that may imply any obligation to surcease from our duty to our king , and irreconcileable opposition to them &c. now i shall come more distinctly to the purpose , in offering a short vindication of the heads & grounds of our great sufferings : dividing them into their principal parts , which i reduce to two , viz negatives & positives . the negative grounds ? i reckon three principally . . for refusing to acknowledge a corrupt ministrie . . for refusing to oune a tyrannical magistracy . . for refusing to swear & subscribe their unlawful imposed oaths , chiefly that of abjuration , which was the occasion of suffering unto death . the positive grounds are also three . . for frequenting field-meetings , to receive gospel-ordinancs from faithful ministers . . for maintaining the principle & practice of defensive resistence of superior powers . . for maintaining the priviledge & duty of offensive revenge in executing justice upon murdering enemies of mankind in cases of extreme necessity . in prosecuting which , i shall intertexe some subordinate questions relating to their respective heads , and endeavour to discuss them briefly . head . i. where the sufferings of many for refusing to acknowledge a corrupt ministrie are vindicated : and the question of hearing curats is cleared . this question though it may seem nice and of no great moment , to persons of gallio's or laodiceds temper , indifferent & lukwarm dispositions , consulting their oun more them the things of christ , which maks it pass without any enquiry with the most part of the world : yet to all who are truly tender in keeping a good conscience free of the times contagion , to all who have the true impression of the fear of god , who is iealous especially in the matters of his worship , to all who have the true zeal of god eating them up , in a just indignation at the indignities done to him , in usurping the office , & corrupting the administration of the ministrie , to all who truly love the gospel and put a due value on the ordinances of christ , the corruptions whereof this question touches , it will be accounted of great importance . there are three questions about the duty of hearing the word , concerning which the lord jesus gives us very weighty cautions , viz what we should hear , mark. . . how we should hear luk. . . and whom we should hear . the last of which , though it be not so expressly stated as the other two , yet the searcher of the scriptures will find it as clearly determined , and as many cautions to guard from erring in it , as in any other case , and that the concern of conscience in it is very weighty . and certain it is if there had been more advertency in this point , there would not have been such inconsideration and licenciousness in the matter & manner of hearing . nor would that itching humor & luxuriancy of lust , in heaping up teachers to please the fancy , have been so much encouraged , to the great detriment of the church , disgrace of the gospel , & destruction of many poor souls . but through the ignorance & neglect of this duty of trying whom we should hear , by seeking some satisfieing evidence of their being cloathed with authority from christ , the world hath been left louse in a licence to hear what they pleased , and so have received the poison of error from monte banks , instead of the true & wholesome potions of christs prescripts from them that had power & skill to administer them . hence the many sects , & schismes , & errors , that have pestered the church in all ages , have in a great measure proceeded from this latitude & laxness of promiscous hearing of all whom they pleased , whom either the worlds authority impowered , or by other means were possessed of the place of preaching , without taking any cognizance whether they had the characters of christs ambassadours or not . if this had been observed , and people had scrupled & refused to hear these whom they might know should not have preached ; neither the great antichrist , nor the many lesser antichrists , would have had such footing in the world as they have this day . it is then of no small consequence to have this question cleared . neither is it of small difficulty to solve the intricacies of it , what characters to fix for a discovery of christs true ministers ; whom we should submit to & obey in the lord , and love & esteem them for their works sake , and for their qualities sake , as standing in christs stead , having the dispensation of the word of reconciliation committed to them ; and how we may discern those characters , what judgment is incumbent to private christians , for the satisfaction of theiroun consciences in the case ; and how they ought to demean themselves in their practice , with out scandal on either hand , or sin against their oun conscience ; how to avoid the rocks & extremes that inadvertency or precipitancy in this matter may rush upon ; so as to escape & sail by the scylla of sinful separation on the one hand , and the charybdis of sinful union & communion on the other , which are equally dangerous ; especially how these cautions are to be managed in a broken and disturbed & divided case of the church . the question also is the more difficult , that as it was never so much questioned before this time , and never so much sought to be obscured , by the perverse disputings of men of corrupt minds to find out evasions to cover sin & escape sufferings upon this account ; so it hath never been discussed by divines either at home or abroad , with relation to our case , except what hath been of late by some faithful men , who have suffered upon this head , from whom i shall gather the most of my arguments , in as compendious a way as i can without wronging them . the reason , i fancy , that we are at such a loss in our helps from the learned on this head , is partly , that they have written with relation to their oun times , in a constitute case of the church , when corruptions & disorders might be orderly rectified , and people might have access to get their scruples removed in a legal way by church-order , in which case the learned & judicious mr durham hath written excellently in his book on scandal , but therein neither he nor others did consult nor could have a prospect of such a case as ours is ; and partly , that forreign divines , not having this for their exercise , could not be acquainted with our circumstantiate case , and so are not fit nor competent arbiters to decide this contraversie ; hence many of them do wonder at our sufferings upon this head . every church is best acquainted with her oun testimony . yet we want not the suffrage of some of the learnedst of them , as the great gisb. voetius in his polit eccles. in several places comes near to favour us : where he allowes people to leave some & hear such ministers as they profit most by , from these grounds , that people should chuse the best & most edifying gifts , and from that scripture thess. . . prove all things &c. and answers objections to the contrare , and granteth that upon several occasions one may abstain from explicite communion with a corrupt church , for these reasons , that such communion is not absolutely necessary , necessitate either medii or precepti , where the christian shall have more peace of conscience , and free exercise of christian duties elswhere , and that he may keep communion with more purity in other places polit. ecces . quest. . pag. . and he approves of people refusing to bring their children to be baptized by such corrupt ministers , because they may wait until they have occasion of a minister , for if the best gifts be to be coveted why should not the best ministers be preferred ? and why should not christians shew by their deeds , that they honour such as fear the lord , & contemn a vile person ? they ought not to partake of other mens sins cor. . . . eph. . . they should not strengthen the hands of the wicked and make sad the godly ; the authority of such ministers should not be strengthened voet. polit eccles. pag. . to . but though it labour under all these disadvantages : yet it is not the less but so much the rather necessary , to say somwhat to clear it , with dependance upon light from the fountain , and with the help of those faithful men who hath sufficiently cleared it up , to all that have a conscience not blinded or bribed with some prejudices , by which more light hath accrued to the church in this point of withdrawing from corrupt ministers , 〈◊〉 ever was attained in former times ; which is all the good we have got of prelacy . in so much that i might spare labour in adding any thing , were it not that i would make the arguments vindicating this cause of suffering alitle more publick , and take occasion to shew , that the grounds espoused by the present & reproached party for their withdrawings , so far as they are stretched , are no other than have been ouned by our writers on this head ; to the intent it may appear , there is no discrepancy but great likness & harmony between the arguments & grounds of withdrawing , in the late informatorie vindication &c. and those that are found in other writings . and so much the rather i think it needful to touch this subject now , that not only this hath been the first ground of our sufferings , but many that suffered a while for it , now have fainted , and condemned all their former contendings for this part of the testimony , calling in question all these reasons that formerly satisfied ' them . but to proceed with some distinctness in this thorny point : some concessory assertions must first be premitted , and then our grounds propounded . first , i willingly yeeld to & cordially close with the truth of these assertions . i. the unity of the spirit in the bond of peace , ought to be the endeavour of all that are members of the one body of christ , partakers of his one spirit , called in one hope , professing one lord , confessing one faith , sealed with one baptisme eph. . . &c. and for brethren to dwel together in unity , is good & pleasant , and like the precious oyntment upon the head , that ran doun upon aarons beard psal. . , . a fragrant oyntment indeed , if it be composed aright of gospel-simples , according to divine art , and the wisdom that is from above , which is first pure & then peacable ; and not made up of adulterate politicks : that union that hath the spirit for its author , the scripture for its rule , peace for its bond & beauty , love for its cement , faith for its foment , christ for its foundation , and truth & holiness for its constant companions , cannot but be intensely desired , enixely endeavoured , and fervently followed , by all the professors of the gospel of peace , & subjects of the prince of peace : which makes division & schisme not only a great miserie , but a grand sin . but it must be in the way of truth & duty , and consistent with holiness & the honour of christ , otherwise if it be in the way of apostasie & defection , it is but a confederacy & conspiracy against the lord. and true union can neither be attained , nor retained , nor recovered ; except the sinful cause of division , defection ; and the holy overruling cause , the anger of the lord be removed , in turning to & following him . ii. thô there be not perfect union , but diversity both of judgements and practices , in several cases there may be communion with a church in its ordinances and ministrie . as . we may have a catholick communion with all christian ministers & members of the catholick church , considered as such ; holding the head christ , and the foundation sure . and so we may meet for worship with all devout men in every nation under heaven , whether they be parthians , or medes , or elamites , or french or dutch &c. thô differing in controversies of lesser moment , not overturning that ; if they hold the universal ▪ testimony of the gospel , against the common enemies thereof , iewes , turks , or pagans : for there is neither greek nor iew if he be a christian , christ is all and in all col. . . but if they be hereticks , we can have no communion with them . . we may have a more special communion with all protestant ministers & members of the reformed church , considered as such , more strictly , and upon stricter conditions : providing they hold , not only the universal of christians , but the general testimony of protestants , against the greater & lesser antichrists ; thô differing from us in some circumstantial points , not reformed , and not contradictory unto the protestant testimony , against poperie & all heresie ; nor declining from their oun reformation , by defection or schisme . and consequently , its lawful to oune communion with the churches of the united provinces , and take ordination from them , thô they have some formes not allowable , from which they were never reformed , because they are sound in the protestant testimony . but with the sectarians or schismaticks or apostates among them , we cannot oune that special communion . . we may have a more particular communion upon yet stricter conditions , with all our covenanted brethren , ministers & members of the churches of britain & ireland , considered as such : providing they hold , not only the universal , not only the more special , protestant testimony against the greater & lesser antichrists , but the covenanted testimony for the reformation in doctrine , worship , discipline , & government , against poperie , prelacy , superstition , heresie , schisme , & profanness , according to the covenant ; thô differing from us in those controversial points , never reformed , and which were never the word of christs patience , and do not overturn the covenanted testimony . but with those that contradict & counteract that , we cannot oune that particular communion . . we may have yet a nearer organical communion , upon stricter conditions still , with all the ministers & members of the national church of scotland , constitute & confederate under one reformed government , according to the rule of christ : providing they hold , not only all the former testimonies under the foresaid considerations , but the presbyterian testimony as stated in the ecclesiastical constitutions , and sworn to in the national covenants & engagements of that church , founded upon the word of god , against poperie , prelacy , erastianisme , sectarianisme , toleration , schisme & defection ; thô differing in some things from us , never reformed , never considered in ecclesiastical judicatories , never engaged against in our covenants , never stated as the word of patience and matter of testimony . but with those that oppose , suppress , reproach , and abandon this testimony , we cannot oune this organical communion , in this broken state of the church . we may have yet a stricter congregational communion , upon stricter conditions , in and with the ordinary or extraordinary meetings or societies of the lords people for gospel ordinances , with any minister or ministers , duely & truely admitted to that function , according to christs appointment , and the call of the people , whether in a fixed or unfixed relation : provicing he holds the testimony of christ , under all the former considerations , and ounes and adheres unto the true received principles of the church of scotland , in doctrine , worship , discipline , & government , founded upon the written word of god , and whatsoever declarations or testimonies , former or latter , particular or more general , are aggreable thereunto ; thô differing from us in some of the integral & not essential parts of our testimony , against the enemies of our covenanted reformation . but with such as deny or decline from it , by schisme or defection , or complyance with the enemies thereof , we cannot oune this congregational communion , in this broken state of the church . iii. thô there be many things in a church , to brangle & lessen the comfort of our communion with it and the ministrie thereof ; yet we may keep fellowship with a true church , thô in many things faultie and corrupt , as all churches are in some measure in this militant state. as the church of corinth had many corruptions in their practice , yet no separation is enjoyned from it . and the lord did not require separation from the churches of perga●●● & thyatira , though they had many corruptions & deficiencies in discipline , in a toleration of hereticks ; and would lay no other burden upon them , but to hold fast what they had : as mr durham shewes in his comment . on the revel . chap. . lect. . pag. , . as also chap. . lect. . pag. . in to . this must be granted especially in these cases . . in the infant state of the church , when the reformation is only begun : then many things may be tolerated , before they be gradually reformed , which in an adult state are not to be suffered . . in a growing case of the church , advancing out of corruptions : then many things may be born with , while they are ascending & wrestling up the hill , which in a declining state ; when the church is going backward , must not be yeelded unto . see that objection of hearing prelatical men in the time of former prelacy , answered above , peri. . pag. . . in a constitute and settled case of the church , enjoying her priviledges & judicatories , corruptions may be ●oreborn , and the offended are not to withdraw , before recourse to the judicatories for an orderly redress : but in a broken & disturbed state , when there is no access to these courts of christ ; then people , thô they must not usurp a power of judicial censuring these corruptions , yet they may claim & exercise a discretive power over their oun practice ; and by their withdrawing from such ministers as are guilty of them , signify their sense of the moral equity of these censures that have been legally enacted against these & the equivalent corruptions , and when they should be legally inflicted . as we do upon this ground withdraw from the prelatick curats , and likewise from some of our covenanted brethren , upon the account of their being chargable with such corruptions & defections from our reformation , as we cannot but shew our dislike of . this the reverend author of rectius instruendum justifies confut. . dial. chap. . pag. . where he is shewing , what separation is not sinful ; and gives this for one , if we separate in that , which a national church hath commanded us as her members to disoune , by her standing acts & authority , while those from whom we separate oune that corruption . which holds true of the curats , & indulged , and addressers , and all that we withdraw from . however it be , certainly those are to be withdrawn from , with whom we cannot communicate without submitting to the lawes establishing them , and taking on that test & badge of our incorporation with them , and partaking of their sin , & in hazard of their judgment . iv. thô in some cases , as we are warranted , so are necessitated to withdraw : yet neither do we allow it upon slight or slender grounds , nor can any tender soul be forced to discountenance the ministers of christ ( i do not speak here of the prelatick curats ) without great reluctancy and grief of heart , even when the grounds of it are solid & valid , and the necessity unavoidable . therefore we reject these as insufficient grounds , besides what are given already . . we cannot withdraw from a minister , for his infirmities or weaknesses , natural , spiritual or moral . . neither for pers●nal faults & escapes : we expect a faithful , but not a sinless ministrie . . nor for every defect in faithfulness , through ignorance , want of courage , misinformation , or being byassed with affection for particular persons . we do not hold , that faults in members , or defects in ministers , do pollute the oordinances , and so necessitate a separation ; but aggree with what mr durham sayes on revel . chap. . lect. . pag. . in to . sincerity discovered , will cover many faults . . nor for every discoverie of hypocrisie ; thô we may have gro●nd to suspect a mans principle & motive be not right , yet if he be following duty unblameably , and have a lawfull call , what then ! notwithstanding every way , whether in pretence or in truth , christ is preached , therein me may rejoyce philip. . . . nor yet for real scandals , not attended with obstinacy , if ministers will take reproof & admonition , and at least by doctrinal confessing and practicall for saking them satisfie the offended . . yea thô his scandals be so gross , that we must discountenance him , when he persis●s in them : yet that is not a disouning of his ministrie `or a rejecting his commission , but a discountenancing for his disorders , until they be removed . but the apologet. rela● sect. . pag. , . sayes ( ) there may be ministerial corruptions , that cut the very throat of the office , and make one no officer — and it is past questioning , such may be shunned , without all hazard of separation ( ) when personal faults are very gross & palpable , open & avowed , such may be shuned without any hazard of separation ; because the mans being an officer coram deo is much to be questioned , and there is great probability that ipso facto he had forefaulted the same , thô such should be the corruption in a church , that notwithstanding of all this he may be maintained . ( ) separation is 〈◊〉 thing , and not hearing such or such a man is a far other thing : there may be many just grounds of exception against a particular person , why people may refuse to countenance him , without any hazard of separation , or joining with separatists in their principles : separation is one thing , and refusing to attend the ministrie of such a man is another thing ; for a man may joine with ordinances in another congregation , and so testify that he hath no prejudice at the ministrie , but only against such a man in particular . whence it is an ignorant as wel as malicious calumnie , to say , that our withdrawing from the curats , and also from some ministers , whom otherwise we respect & reverence as godly ministers , for their offensive defections , is a disouning al the ministrie of scotland . whereas , we do profess indeed a disouning of the curats ministrie , but for our reverend presbyterian ministers , thô we do discountenance many of them with sad hearts , for their not keeping the word of the lords patience in this hour of tentation , nor adhering to the principles & constitutions of the church of scotland : yet this is not a disouning of their ministrie , but a refusing to countenance them in their present administrations , in this disturbed state , till these offences be removed . v. as to disoune the ministrie , were hateful sectarianisme ; so to dissolve or break off communion with a true church , whereof we are members , were an unnatural schisme , which is horrid sin . but because among all the various sufferings , wherewith the poor tossed , & racked remnant now persecuted have been exercised , this hath not been the lightest ; that they have been on all hands stigmatized as schismaticks & separatists , not only because they have maintained a resolved withdrawing from the curats , but also have discountenanced many presbyterian ministers , with whom they have been offended for their declining courses , and complyances with the times corruptions , and forsaking in a great measure the duty of this day : i shall distinguish some cases of separation , out of the writings of our approven authors , which will j●●tify all their withdrawings . . mr durham distinguishes these three ; schisme , separating from the unity & communion of a true church , consisting not alway in diversity of doctrine , but in divided practices , according to that of augustine , schismaticos facit not diversa fides , sed disrupta communionis societas : then separation , either in whole from a church as no church , or in part in some things wherein they cannot communicate with that corrupt church , which is lawful if it exceed not its ground : then lastly , secession , a local removing to a better church . the first of these cannot be imputed to the persecuted wanderers : for they separate from no true church , whereof they were members , but these from whom they separate , will be found to be the schismaticks . . the second of these , to wit , separation , is either positive & active , or negative & passive . the first is , when a party not only leaves communion with a church , whereunto they were formerly joyned , but also gathers up new distinct churches , different from the former , under another government & ministrie & ordinances , disouning those they left . the latter is , when the faithful remnant of a declining church , standing still & refusing to concur with the backsliding part of the same church , after they have become obstinate in their defections , holds clossly by , & adheres unto the reformation attained . this famous mr rutherfoord in his due right of presbytries pag. . . sheweth to be lawful , and calleth it a non-union , as that in augustines time , when the faithf●l did separate from the donatists , which is lawful & laudable . . mr rutherfoord there proceeds to distinguish , between a separation from the church in her worst & most part , and a separation from the best & least part : and these who separate from the worst & greatest part , do notwithstanding retain a part of , and a part in the visible church , because they do not separate from the church according to the least & best part therof ; as the godly in england who refused the popish ceremonies & antichristian bishops . hence it will follow , that though now people should withdraw from communion with the greatest part of the church , which is now corrupted , they cannot be counted separatists because , they hold still communion with the better thô lesser part . moreover he saith pag. . . that there may be causes of non-union with a church , which are not sufficient causes of separation . lastly he tells us ibid. pag. . when the greatest part of a church makes defection from the truth , the lesser part remaining sound , the greast part is the church of separatists ; thô the manyest & greatest part in the actual exercise of discipline be the church , yet in the case of right discipline the best thô fewest is the church . for truth is like life , that retireth from the manyest members unto the heart , and there remaineth in its fountain in case of dangers . so that it is the major part which hath made defection , that are to be accounted separatists , and not such who stand to their principles , thô they cannot comply or joyne with the corrupt majoritie . thus the apol. relat. rehearsed his words sect. . pag. . . . there may be a lawful withdrawing , where the ordinances & ministrie are not cast at , as the apol , rel. saith . ibid. . so then , so long as people do not cast at the ordinances , but are willing to run many miles to enjoy them : nor cast at the church as no church ( thô they sadly fear , that god shall be provoked by this dreadful defection , which is carried on by these men & their favourers , to give her a bill of divorce ) nor at the ministrie , for they love those that stand to their principles dearly , and are most willing to hear them either in publick or private . . it is granted by all that write against separatists , that separation from a church is lawful , when the case so falleth out , that union cannot be kept up with her without sin , voet. polit. eccles. pag. . quest . . . the grave author of rectius instruendum confut. . dial. chap. pag. . &c. allowes , every separation is not schisme , even from the church which hath essentials , yea and more than essentials : if it be from those ( thô never so many ) who are drawing back from whatever piece of duty & integrity is attained ; for this is still to be held fast , according to many scripture commands . so elias , when gods covenant was forsaken , was as another athanasius ( i and i only am left ) in point of tenacious integrity . . next he sayes , if we separate in that which a national church hath commanded us as her members to disoune , by her standing acts & authority , while those from whom we separate oune that corruption . . likewise he there asserts , there is a lawful forbearance of union & complyance with notorious backsliders , in that which is of it self sinful , or inductive to it : which is far from separation str●ctly taken . the commands of abstaining from all appearance of evil , and hating the garment spotted with the flesh , do clearly include this . . he addes , many things will warrant separation from such a particular minister or congregation ; which will not warrant separation from the church national ; nor infer it , by mr durhams acknowledgement ( on scandal , pag. . ) for if scandals become excessive , he allowes to depart to another congregation . . lastly he sayes , there is a commanded withdrawing from persons & societies even in worship , the precepts rom. . . cor. . . prov. . . act. . . will clearly import this by consequence — surely the ministers & professors , adhering to the reformat●on , must be the true church of scotland , thô the lesse● number : these souldiers who keep the generals orders , are the true army , not the deserters of the same . but secondly , it being in part cleared by these assertions , what is our mind in this controversie , i shall lay coun from scripture oracles , all the causes & cases justifying & warranding withdrawing from any ministers ; with application of all of them to the curats , and accommodation of some of them to all that the wanderers withdraw from : with arguments endeavouring to evince the validity of them , and evidencing they are not new notions , but the same grounds which approven authors have improved in this controversie . i shall omitt the ordinary criticismes in stating the question , in distinguishing betuixt hearing & joyning in worship , and ouning them as our ministers , and submitting to them &c. and only essay to prove this thesis : we cannot without sin oune church communion in gospel ordinances with the prelats or their curats , as our ministers , but must withdraw from them , and any other guilty of the like corruptions , which we can make out against them . i shall not resume what confirmations this thesis is strenthened with , from the testimonies or church constitutions of former periods , which are premitted in the foregoing discourse : nor make any repitition of the circumstances of our present condition , represented above , which contributes to clear it : but shortly come to the arguments . i. it is necessary that we must acknowledge them ministers of christs , and his ambassadours cloathed with his commission , from whom we receive the ordinances of the gospel . for otherwise they must be looked upon as thieves , robbers , usurpers , and strangers whom christs sheep will not , nay must not hear , iohn . . , . and how shall they preach , or be heard , except they be sent , rom. . . for such whom we know may not lawfully preach , we cannot lawfully hear . these from whom we may receive the misteries of god , we must account ministers of christ cor. . . and ambassadours for christ , standing in his stead , beseeching us to be reconciled to god . cor. . . hence such as we doubt to acknowledge ministers of christ , cloathed with his commission , them we cannot hear without sin : but the prelatical curats are such as we doubt to acknowledge ministers of christ , cloathed with his commission : therefore we cannot hear them . the minor only needs probation . these who neither have nor can have the qualifications of a minister of christ , nor the lawful call of a minister of christ , cannot be acknowledged with confidence to be ministers of christ cloathed with his commission : but the prelatical curats are such : ergo. — first they neither have nor can have the qualifications of christs ministers : since few of them have the personal , as christians , far less the ministerial as officers , mentioned . tim. . - . tit. . - . except it be to be husbands of one wife , and if that do not make them ministers , they have nothing else : especially four are wanting in all of them . ( ) blamelessness , and freedom from scandal , even such as affects the office ( besides other gross disorders in their life & conversation , obvious to the view of onlookers being men who have denyed the faith , and therefore unfit to have the priviledge of church members in any well go●erned church ) being in the experience of all that know them signalized under the characters of those that run unsent , and from whom we are commanded to withdraw : causing the people to erre by their lies and by their lightness , not sent of god ier. . making the heart of the righteous sad , and strengthening the hands of the wicked ezek. . . see also ezek. , . such as we are commanded to beware of math. . , . such as we must mark & avoid , rom. . , . phil. . . disorderly walkers from whom we must withdraw thess. . . covenant-breakers from whom we are commanded to turn away tim. . , . they are not then blameless : and in shewing how fitly these aggree unto the persons now spoken of , time needs not be spent , such as know them can best judge . hence , such as either are not fit to be church members , or have all the characters of such officers from whom we are to withdraw , cannot be acknowledged capable of the qualifications of the ministers of christ : but such are the curats : ergo — ( ) the qualification of vigilancy cannot be found with them : for all that know them will acknowledge that they neither do , nor can in preaching the word be instant in season & out of season , so as to make full proof of their ministrie tim. . - . nay they can give no proof of their ministrie at all , further than may be competent to dumb dogs that cannot bark , isa. . , . for they nor no man can say , that the diseased they have strenghtened , or healed that which was sick &c. ezek. . . and it is known to all that know them , that if ever there were any that assumed to themselves the name of levites , who departed out of the way , and caused many to stumble at the law , and corrupted the covenant of levi , and therefore were deservedly contemptible & base before all the people ( mal. . , . ) they are the men . let any man judge then , whether they have the qualifications of the messengers of the lord of hosts . hence , they that can give no proof of their ministry , but that which proves them to be such whom the lord condemns , & such who deserve to be contemned of all , cannot be acknowledged to be qualified as the lords ministers : but the prelatick curats can give no proof of their ministry &c. ergo — ( ) the qualification of aptness to teach is wanting , yea incompatible with them , not only such of them as are noted for ignorance , of whom clearly that is verified , they are blind watchmen , they are all ignorant ( isa. . . ) but even their greatest clerks & rabbies may fitly be called after the name of their forefathers , whom christ calls blind leaders of the blind , concerning whom he gives a command to let them alone math. . . either generally they are discovered to be such masters of israel , as know not these things iohn . . . being men not exercised in religion , and have not learned the truth as it is in jesus : or they are such , as if they have had gifts or grace , yet now they are palpably blasted of god , and so cannot profit the people at all , being such as do not stand in gods counsel , for then they should have turned the people from their evil way , and so they are not apt to teach others when they are not taught of god , but steal his words every one from their neighbour , clearly discovering they are not sent of him ier. . , , , . and because they do not stand in gods counsel , they cannot declare all the counsel of god , act. . . for they can neither be apt to teach repentance towards god , since they cannot be supposed to be sensible of these sins to be repented of , for which the land perisheth & is burnt up like a wilderness , ier. . . for then they would first repent themselves of their oun conformity with prelacy , of their breach of covenant &c. all that they can do in such a subject is , to see vain & foolish things , and not to discover the lands intiquity , but to see false burdens , & causes of banishment , lam. . . nor can they be apt to teach faith , seing in many things they teach otherwise than christ hath taught us in his word , and consen● not to wholesome words and to the doctrine which is according to godlyness from such the command is to withdraw , . tim. . - . whose mouths must be stopped when they teach things which they ought not , tit. . - . which is undenyable to all that know what sort of stuff they preach , contrary to the word of god , and the principles of our covenanted reformation . hence if none of them be apt to teach , then none of them is fit to be heard ; but none of them is apt to teach : ergo — it is true private christians may not judge of the enduements & qualifications of ministers , yet every private christian h●th the judgment of discretion , and that way may judge such an one if he appear qualified according to the rule of the word ; and may doubt if he be a qualified minister coram deo , wanting these qualifications which the word requireth , apol. relation sect . p. . secondly , they have not the lawful call of a minister of christ , so much as an external call of his institution : which i prove thus . they that have presentations from patrons , & collations from prelats , and no more for a call , have no lawfull call at all : but the curats have presentations from patrons , & collations from prelats , and no more for a call : ergo they have no lawful call at all . the minor cannot be doubted : for in this government , the ministers mission , call , ordination , and relation to such a people over whom he is to officiate , flowes all from the prelate ; the congregational eldership hath not the least interest in it : hence the presbyterian way of calling pastors was ranversed by the parliament , when prelacy was set up , and the old custome of patronages was restored , rectius instru . consut . of dial. chap. . pag. . the major proposition may be proven by parts . first , presentations from patrons cannot give a lawful call : for besides what other reasons might be given against this old relict of popish bondage of patronages ; it destroyes that priviledge & liberty of the church in calling their oun pastors , and makes all intruders , without the churches choice ; whereas the flock are allowed a judgment of discretion , knowledge of , & consent to the admission of their pastors , to whom they intrust their souls directions , before they be subject & obey him in the lord , for otherwise he is a stranger that hath not come in at the door , and they must not , nor will not be imposed upon , iohn . . - . they had an interest in choosing & nominating even the apostles , though there were other apostles of infallible knowledge as to qualifications , present to ordain them : and they appointed two to be chosen by lots , act. . . and even the deacons were looked out & chosen by the people , and appointed over their business act. . . much less ought ministers , to be thrust upon such a weighty employment , to pleasure great men who are patrons , since in their faithfulness the people are infinitely more concerned . rectius instruen . ubi supra . hence , if the curates have no call but what destroyes the peoples priviledge , they have no lawful call at all , neither ought they to be ouned or countenanced as called ministers : but by the presentation of patrons they have no call , but what destroyes the peoples priviledge : ergo — next collations from prelats cannot give a lawful call : for ( ) they cannot give that to others which they have not themselves : but they have not a lawful call themselves , because they are not lawful officers , as is clear , & may be proven afterwards . ( ) the only way of conveyance of an ordinary call to this office , is by the act of a presbytrie , tim. . . and by ministers their ordaining elders in every church , with the consent of that church : but a prelats collation is not this act of a presbytrie . ( ) that which only makes a man a prelats depute , cannot give him a call to the ministry of christ : but this collation only makes a man a prelats depute . or thus , a prelats depute is no minister : but a curate is a prelats depute : ergo — that a prelats depute is no minister , i prove : not only from that , that a prelat qua talis is not a servant of christ but an enemy , and therefore cannot confer upon another that dignity to be christs servant ; but from this , that the scripture allowes no derivation of deputed officers . if no officers of christ can have deputes of christs institution ; then the deputes that they make cannot be christs officers of his institution : but no officers of christ can have deputes by christs institution : every man that hath any piece of stewardship in gods family , must ever see & execute it immediatly by himself , & wait upon it rom. . , . that curats are prelats deputes is clear : for they are subject to them in order & jurisdiction , and derive all their power from them , and are accountable to them . therefore they cannot be acknowledged with confidence of conscience to be christs ministers , because they have not such a visible evidence of the call of christ , as in reason & charity doth oblige all men to receive the person so called , as truely sent : which things are so evident in themselves , that whoever denyeth them , is obliged by the same consequence to affirm , that if simon magus had in his horrid wickednesse purchased the apostleship by money , the christian world had been bound to receive him as an apostle , napht. p. . . prior edit . that their ministry is the lords ordinance he plainly denyed , napht. pag. . they have nothing like a solemn ordinanation , having no imposition of hands of the presbytrie with fasting & prayer , according to the order of the gospel , but the sole warrand & mission of the prelat , and therefore it cannot be lawful to countenance such , and to look upon them as lawful ministers apol. relat. sect. . pag. . it will be objected here . . that then their baptism is no baptisme , if they be no ministers . ans. ( ) what sad consequences may follow upon the nulling of their office , let them see to it who either send such ●orth or employ them . apol. relat. ibid. pag. . the best way to avoid these inconveniences is not to countenance them . but ( ) the same answers may serve which are adduced for popish baptismes & ordinations : and factum sometimes valet , quod fieri non debuit . next it will be obj. . that many of the curats were in the ministrie before , therefore the argument is not stringent against them . ans. the one half of it about the qualifications does still urge them , through the want of which , and their base treachery & betraying their trust , and perjuries in breaking covenant , they have really forfaulted their ministry , and loosed all from an obligation to hear them , or any other to whom these scripture characters may be applyed , and brings all under the guilt of partaking with them that hear them . ii. it is necessary also , that all whom we may lawfully hear as ministers & ambassadours of christ , should not only have had a commission from christ , sometimes conveyed to them in his orderly appointed way , by & from approven church officers ; but they must have it then when we hear them , at this time when we oune communion with them . for if they have sometimes had it , and forefaulted it or changed it , by taking anew right another way , it is all one in point of ouning them as if they had none at all : and we must not medle with such changelings , in things that they & we must not come & go upon prov. . . now plain it is that some curats sometimes had a commission from christ , when they were presbyters ; but now they have changed their holding , and taken a new right from them who are no officers of christ , invested with power to confirm or convey a ministerial mission , and so they have forefaulted what they had mr durham , in a digression on this subject of hearing , shewes that ministers may forefeit on revel . chap. . pag. . in to . in matter of hearing ( sayes he ) it is not so hard to discern , who are to be counted to speak without gods commission ; because ordinarely such have no warrantable call at all ( no not in the outward forme , and so cannot be counted but to run unsent ) or by palpable defection from the truth , and commission given them in that call , they have forefeited their commission : and so no more are to be counted ambassadours of christ , or watchmen of his flock , than a watchmen of the city is to be accounted an observer thereof , when he hath publickly made defection to the enemy , and taken on with him . let the indulged and addressing ministers advert to this ; and consider , whether or not the truly tender have reason to discountenance them , while they continue in their palpable defection . but undenyably this refells that objection of the curats ordination before they were curats : for they that change their holding of a right , and take a new right which is null , they forego & forefeit their old right , & all right : but the prelatick curats have changed their holding of their right , and taken a new one which is null : therefore they have foregone & forefeited their old one . the minor i prove thus . they who had aright from christ by conveyance of his officers , and take a new grant for the exercise of it , not from christ , but by conveyance of such as are none of his officers , they change their hold●ng and take a new one which is null : but the prelatick curats who had a right by conveyance of his officers , have taken a new grant for the exercise of it , not from christ , but by conveyance of the prelat , which is none of his officers : ergo — the stress of all will ly in the probation of this , that the prelat is none of christs officers , and therefore the conveyance of a power from him is not from christ. which i prove . . because his office is cross to the very nature of gospel church-government , and therefore he cannot be a gospel church ruler . christ discharged his officers to exercise dominion ( or lordship luk. . . ) or authority as the gentils did , but that the chiefest should be only a minister math. . , . the apostle paul disclaims dominion over the church , cor. . ult . peter exhorts the elders not to be lords over gods heritage pet. . . the authority of church officers then is not a desp●tick power , but a ministerial stewardship . but the diocesan bishop is both a lordly title & power , having all authority in the diocess derived from him , as being as it were the universal pastor , and so taking upon him a power , which is neither commanded , nor can be discharged . hence , he that subjects his his ministrie to the domination of a strange lord , inverting the nature of gospel church-government , cannot be ouned in his ministrie : but all curats subject their ministry &c. ergo — . because he is an officer distinct from & superior to a presbyter or pastor ; whereas the scripture makes a bishop and presbyter all one . the elders of the church of ephesus are called episcopi or overseers act. . . . an ordainded elder must be a blameless bishop , as the steward of god , tit. . , . again , it cannot be shown where the scripture mentions either name , qualification , work , duty , or ordination of an ordinary church officer superior to presbyters , and which are not likewise appropriat to them , who are called rulers , governours , bishops . in all the holy ghost his purposed recitalls of ordinary church officers , there is not the least hint of a diocesan bishop : and yet a deacon is described , the meanest officer , in his work & qualifications . hence then , if this diocesan prelate be such an uncouth beast , that neither in name nor nature is found in the word of god , all the power derived from him is null : but the first is true : ergo — . because every officer in the scripture relates to the flock ( except the extraordinary officers , who were further extended , now ceased ) bishops of ephesus were overseers over the flock act. . the elders that peter writes to were over the flock . but this diocesan antiscriptural monster , pretends to be over the shepherds : and invents new degrees & orders of superiority & inferiority , of officers of the same kind , beside & against the scripture , which makes all apostles alike , & all evangelists , so all teachers : though there be a distinction & superiority in diverse kinds , yet not in the same . god hath set some in the church , first apostles , secondarly prophets , thirdly teachers cor. . . but not among teachers some above others , in a power of order & jurisdiction . hence , an officer over officers of the same kind is not an officer of christs institution , and consequently any power conveyed from his is null : but a prelat pretends to be an officer over officers of the same kind : ergo — . because every officer in the church hath equally , and in perfect parity , equall power & authority allowed them of god in the exercise of both the keyes , both of order & jurisdiction : all ruling elders may rule alike , and deserve equal honour : and all preaching elders have the like authority , and the like honour conferred upon them tim. . . the scripture attributes both power of order & jurisdiction to all preaching presbyters equally . they must oversee the flock ( or as the word is , do the part of a bishop over them ) act. . . and they must also feed the flock pet. . . subjection & obedience is one , to them all alike : all that are over us and admonish us , we must esteem highly for their works sake thess. . . and obey & submit our selves to them that watch for our souls heb. . . we find also excommunication belongs to all alike cor. . . and ordination tim. . . but the diocesan prelat takes from presbyters to himself power of ordination , assuming only his curats for fashions sake , and the sole decisive power in church judicatories , wherein he hath a negative voice ; like a diotrephes , the first prelat who loved to have the preeminence iohn . . the only precedent for prelacy in the scripture . hence , he that would take all power to himself , which is undivided & equall to all officers by christs appointment , hath none by christs allowance , but is to be reckoned an usurping diotrephes : but the diocesan prelat would take all the power to himself , which is undivided & equall to all . by all which it appears , the prelate being no authorized church officer of christs , no authority can be derived from him ; and so that such as betake themselves to this pretended power for warranting them in the function , can warrantably claim no deference thereupon , nor can be ouned as ministers whatever they were before . for this were an acknowledging of the power & authority of prelats ( especially when the law commands our hearing as a submitting to them . ) the reason is because these men came forth from the prelat , having no other call or warrant but what the prelat giveth . and so a receiving of them will be a receiving of the prelate , as a refusing of them will be accounted a slighting of the prelat & his power . apol. relat. . pag. . iii. it is necessare also , that all with whom we oune communion as ministers , should be christs ambassadours , having then when we hear them , and holding still their commission from christ as king , and only head of his church ; conveyed not only from church officers , in a way that he hath revealed as the prophet of his church , but in a way of dependence upon & subordination to christ as king , who ascending far above principalities & powers , appointed & gave the gifts of the ministry eph. . . . and set them in the church . cor. . . and gave them commission to go & teach the nations , by virtue of that all power that was given to him in heaven & earth math. . , . if then they take a new holding & close with a new conveyance of the ministrie , and of the power to exercise the same , from a new architectonick usurped power in the church , encroaching on christs royal prerogative , we dare not homologat such an affront to christ , as to give them the respect of his ambassadours , when they become the servants of men , and subject even in ministerial functions to another head then christ ; for then they are the ministers of men , & by men , and not by jesus christ , and god the father , who raised him from the dead , because they do not hold the head , col. . . hence those that receive & derive their church-power from , and are subordinate in its exercise to , another head then christ jesus , should not be received and subjected to as the ministers of christ in his church : but the prelats & their curats do receive & derive their church power from , & are subordinate in its exercise to , another head then christ : therefore they should not be received &c. the first proposition cannot be denyed . the second is proved thus : those officers in the church , professing themselves such , that derive their church-power from , & are subordinate in its exercise to , a power truly architectonick & supreme in the church ( to wit the magistrate ) beside christ ; do derive their power from & are subordinate in its exercise to another head than christ jesus : but so it is that prelats & their curats do derive &c. ergo — the major is evident : for whosoever hath a supreme architectonick power in & over the church , must be a head to the same , and the fountain of all church power . the minor is also clear , from the foregoing historical deduction , manifesting the present prelacy to be gross erastianisme : for the disposal of the government of the church is declared by law to be the croun right and an inherent perpetual prerogative , and thereupon the bishops are restored to the episcopal function ; and it is expressly declared , that there is no church power in the church-office bearers , but what depends upon & is subordinate unto the supremacy , and authorized by the bishops , who are declared accountable to the king for the administration . by virtue of which ecclesiastick supremacy , he put excomunication & spiritual censures , & consequently the power of the keyes , into the hands of persons meerly civil , in the act for the high commission . hence it is clear , that as the fountain of all church government , he imparts his authority to such as he pleases , and the bishops are nothing else but his commissioners in the exercise of that ecclesiastick power , which is originally in himself , and that the curats are only his under clerks . all the stress will lie in proving , that this monster of a supremacy , from which the prelats & their curats have all their authority , is a great encroachment on the glory of christ as king : which will appear if we briefly consider these particulars . . it usurps upon christs prerogative , who only hath all undoubted right to this architectonick & magisterial dominion over the church , his oun mediatory kingdom : not only an essential right by his eternal godhead , being the everlasting father , whose goings forth hath been of old from everlasting isa. . . mic. . . in recognizance of which , we oune but one god the father , and one lord , by whom are all things & we by him . cor. . . but also a covenant-right , by compact with the father , to bear the glory & rule upon his throne , by virtue of the counsel of peace between them both zech. . . a donative right by the fathers delegation , by which he hath all power given in heaven & in earth , math. . . and all things given unto his hand iohn . . . and all judgment & authority to execute it , even because he is the son of man , iohn . . , . and to be head over all things to the church eph. . . an institute right , by the fathers inaugaration , who hath set him as king in zion , psal. . . and appointed him governour , that shall rule his people israel math. . . an acquisite right , by his oun purchase , by which he hath merited & obtained , not only subjects to govern , but the glory of the sole soveraignty over them in that relation , a name above every name phil. . . which is , that he is the head of the church , which is as much his peculiar prerogative , as to be saviour of the body eph. . . a bellical right by conquest , making the people fall under him , psal. . . and be willing in the day of his power , psal. . . and overcoming those that make war with him , rev. . . an hereditary right by proximity of blood & primogeniture , being the first born higher then the kings of the earth , psal. . . and the first born from the dead , that in all things he might have the preeminence , col. . . an elective right , by his peoples choise & surrender , having a croun wherewith his mother crouned him , in the day of his espousals cant , . ult . by all which undoubted titles , it is his sole incommunicable prerogative , without a copartner or competitor , coordinate or subordinate , to be iudge , & only lawgiver & king in spirituals , isa. . . to be that one lawgiver , iam. . . who only can give the power of the keyes to his officers , ( which comprehends all the power they have ) math. . . to be that one master over all church officers , who are but brethren , math. . , . in whose name only they must perform all church acts , and all parts of their ministry , and not in the name of any mortal , math. . . . math. . . from whom only they receive what ever they have to deliver to the church . cor. . . to be the only instituter of his officers , who hath set them in the church . cor. . . and gave them to the church eph. . . whose ambassadours only they are . cor. . . from whom they have authority for edification of the church cor. . . cor. . . in whose name only they are to assemble , and keep & fence their courts , both the least , math. . . and the greatest act. . but now all this is usurped by one who is not so much as a church member , let be a church officer , as such : for the magistrate is neither , as he is a magistrate , otherwise all magistrats would be church members . hence they that have all their power from a meer usurper on christs prerogative , who is neither member nor officer of the church , have none at all to be ouned or received as his lawful ambassadours : but the prelats & their curats have all their power from a meer usurper on christs prerogative , who is neither member nor officer of the church : ergo — . it confounds the mediatory kingdom of christ with , & subjects it to , the kingly government of the world , removes the seripture land marks & limits between civil & ecclesiastick powers ; in making the governours of the state to be governours of the church , and denying all church government in the hands of church officers , distinct from & independent upon the civil magistrat : which clearly derogats from the glory of christs mediatory kingdom , which is altogether distinct from & not subordinate to the government of the world , both in the old testament & in the new. for , they have distinct fountains whence they flow : civil government flowes from god creator , church government from christ the lord redeemer , head & king of his church , whose kingdom is not of this world , iohn . . . though for this end he came into the world , that he should have a kingdom there , vers . . they have distinct objects : civil government hath a civil object , the out ward man ; church government a spiritual object , men considered as christians : in the old testament , the matters of the lord are clearly distinguished from the matters of the king chron. . ult . in the new testament , there are matters of church cognizance which do not at all belong to the civil magistrate ; as in the case of offence , they must tell the church , not the civil magistrate math. . . . in the case of excommunication , the church is to act by virtue of the power of our lord jesus christ cor. . , . not by the magistrats power ; in the case of absolution , the church is to iudge what punishment is sufficient , and what evidence of repentance is sufficient to remove it , cor. . . . so in the case of tryal & ordination of ministers &c. none of these belong to the magistrate . they have distinct natures : the civil is a magisterial , the ecclesiastick is a minsterial government ; the one is the power of the sword , the other of the keyes ; the one put forth in political punishments , the other in ecclesiastick censures : in the old testament , the magistrats power was coactive , by death , banishment , confiscation &c. ezra . . . the church , by puting out of the synagogue , interdiction from sacred things &c. in the new testament , the magistrats power is described rom. . to be that of the sword by punishment ; the power of the church only in binding & loosing , math. . . they have distinct ends : the end of the one being the good of the common wealth , the other the churches edification : in the old testament , the end of the civil government was one thing , and of the church another , to wit , to warn not to trespass against the lord , in that forecited . chron. . . in the new testament , the end of magistratical power is to be a terror to evil works , & a praise te the good , rom. . . but the end of church power is edification cor. . . cor. . . . cor. . . they have distinct courts of officers : in the old testament , the distinction of the civil & ecclesiastick sanhedrin is known , where there were distinct causes , & persons set over them to judge them respectively . chron. . ult . in the new testament , we find officers given unto the church cor. . . with no mention of the civil magistrate at all , and church-assemblies distinct from parliaments or senats ( yea when the magistrate was an enemy ) determining questions that did not belong to the magistrate at all act. . we have rulers distinct from the rulers of the common wealth thess. . . whom we are to obey and submit our selves as those who are accountable to christ only , for to whom else can they give account of souls ? heb. . . we have rulers inferiour to labourers in word & doctrine , not to be honoured so much as they : sure these cannot be civil rulers tim. . . we have rulers commended for trying impostors , which were not magistrats , rev. . . and others who are rebuked for suffering hereticks ibid. vers . , , . which supposes they had authority to do it ; yet distinct from & not depending on the magistrate . besides from this confusion of the two governments together , and making the supreme magistrate to be supreme governour of the church , would follow many absurdities ; as that they who are not church members should be church officers , even heathen magistrats ; yea women should be church officers ; and none should be chosen for magistrats , but such as have the qualifications of church officers . sic apol. relat. sect. . pag. . rectius instruen . confut. dial. chap. . pag. . hence , they that in deriving their authority do confound the tuo governments , civil & ecclesiastick , and take it all from a meer civil power , cannot be ouned as having any authority of christs institution : but the prelats & their curats , in deriving their authority , do confound the tuo governments civil & ecclesiastick and take it all from a meer civil power . this same argument equally militates against hearing the indulged ministers who have taken a licence & warrand from the usurper of this supremacy : because it is highly injurious to christs headship ; very contrary to to presbyterian principles ; clearly homologatorie of the supremacy ; plainly prejudicial to the power of the people ; very much establishing erastianisme ; sadly obstructive & destructive to the good of the church ; wronging our cause & ground of suffering ; strengthening the prelats hands ; contradictory to our covenants ▪ prejudging the meetings of gods people ; and heinously scandalous & offensive : as is clear by , & unanswerably poven in the history of the indulgence . iv. there is a necessity that any man whom we may joine with as a minister , must not only be a minister , and a minister cloathed with christs commission then when we joins with him , but he must also have a right to administer there where we ioin with him. else we can look upon him no otherwise than a thief & a robber . whom christs sheep should not hear io. . - . now the prelats & curats , though they should he accounted & acknowledged ministers , yet they have not a right to officiate where they have intruded themselves . hence we have several arguments , as . . they who have no just authority , nor right to officiate fixedly in this church as the proper pastors of it , ought not to be received but withdrawen from : but the prelats & their curats have no just authority , or right to officiate in this church as her proper pastors : therefore they ought not to be received , but withdrawen from . all the debate is about the minor , which may thus be made good . they who have entered into & do officiate fixedly in this church , without her authority & consent , have no right so to do : but the prelats & their curats have entered into & officiate fixedly in this church , without her authority & consent : ergo — the major is manifest : for if this church have a just right & power of electing & calling of ministers , then they who enter into & officiate fixedly in this church , without her authority & consent , have no just authority or right so to do : but this church hath a just right & power of electing & calling of ministers , as all true churches have and , if it were not evident from what is said above , might be easily demonstrated from scripture . the minor , to wit , that the prelats & their curats have entered into & officiate fixedly in this church , without her authority & consent , is evident , from matter of fact : for there was no church judicatory called or convocated , for bringing of prelats in to this church ; but on the contrary her judicatories were all cashiered & discharged , and all her officers turned out to let them in ; and all was done immediatly by the king & acts of parliament without the church ; a practice wanting a precedent in this and ( for any thing we know ) in all other churches : all that the curats can say is , that they came in by the bishop & patron , who are not the church , nor have any power from her for what they do ; all their right & power is founded upon & derived from the supremacy , whereby the diocesan erastian prelat is made the kings delegate & substitute , only impowered thereto by his law. this is mr smiths st & argum. if we suppose a particular congregation acknowledging their oun lawful pastor , and a few violent persons arise and bring in a minister by plain force , and cast out their lawful pastor ; are not the faithful in that church obliged to relinquish the intruder , and not only discountenance him , but endeavour his ejection ? this is our case napth . pag. . § . prior edit . . if we cannot submit to these curats , without consenting to the great encroachments made upon the priviledges of this church , then we cannot submit to them without sin : but we cannot submit to them without consenting to the great encroachments made upon the priviledges of this church : therefore we cannot submit to them without sin . the minor is all the question : but instances will make it out . as first , the robbing of the church of the priviledge of election of her pastors , and substituting the bondage of patrons presentations , is a great encroachment upon the priviledge of this church : but accepting of curats as ministers lawfully called , notwithstanding that they want the election of the people , and have nothing for their warrant but a presentation from the patron , were a consenting to that robberie and wicked substitution . it will be of no force to say , our forefathers did submit to this , and to a ministry who had no other call. this is answered above in the narrative : it s a poor consequence to say , the posterity may return backward , because their forefathers could not advance further forward . secondly , the thrusting out of lawfull ministers without any cause but their adhering to the covenanted work of reformation , and the thrusting in others in their rooms who denyed the same , is a great encroachment on the churches priviledges ; but embracing & encouraging curats by countenancing their pretended ministry were a consenting to this violent extrusion & intrusion . the minor is proven thus . they who leave the extruded & countenance the intruded , they consent to the extrusion & intrusion , and declare they confess the intruded his right is better than his who is extruded ; but they who embrace & encourage curats by countenancing their pretended ministry , do leave the extruded , to wit , their old ministers , and countenance the intruded : ergo — to say , that people in this case should protest against these encroachments , is frivolous ; for withdrawing is the best protestation : and if after their protestation they still countenance the encroachment , they should undo their oun protestation . the same argument will militate against countenancing the indulged , or any that obtained authority to preach in any place by a power encroaching on the churches liberties . there is an objection to be removed here , from math. . , . the scribes & pharisees sit in moses chair , therefore whatever they bid yow observe , that observe & do ; therefore they who without a title usurpe the office may be heard . ans. . the case is no wayes alike ; for then the lord had no other church in the world but that , which was confined in its solemnities of worship to that place , where they intruded themselves : he had not yet instituted the new testament forme of administration , in its ordinances & officers . therefore the head of the church being present might give a toleration , durante beneplacito : but it is not so now . but . our lords words bears no command for the people to hear them at all , but only not to reject sound doctrine , because it came from them : surely he would not bid them hear such , as he calls plants that his father had never planted , whom he bids let alone , math. . , . and who were thieves & robbers whom his sheep should not hear . v. they must not only be ministers , & acknowledged as such then and there , when & where we joine with them ; but they must be such as we can oune church communion with in the ordinances administrated by them , as to the matter of them . otherwise if they pervert & corrupt their ministrie , by preaching & maintaining errors , either in doctrine , worship , discipline , or government , contrare to the scriptures , our confessions , & principles of our covenanted reformation , and contradictory to our testimony founded thereupon & aggreable thereunto , maintaining errors condemned thereby , or condemning truths maintained thereby , we must withdraw from them . for if any seek to turn us away from the lord our god , we most put away that evil & not consent nor hearken to them , deut. . , . we must cease to hear the instruction that causeth to erre from the words of knowledge , prov. . . we must have a care of these leaders that will cause us to erre lest we be destroyed with them isa. . . we must mark these who contradict the doctrine that we have learned , & avoid them rom. . . if any man teach otherwise we must withdraw our selves from such tim. . , . if there come any & bring not this doctrine , we must not receive him , nor bid him god speed , in that work of his preaching or practising against any of the truths , we have received from the word iohn , . hence we most not hear false teachers , who in preaching & prayer bring forth false doctrine contrary to the principles of our reformation : but the curats are false teachers , who in preaching & prayer bring forth salse doctrine &c. therefore we must not hear them . the minor is certain , in that not only many of them are tainted with points of poperie & ar●inianisme ; but all of them do teach false doctrine tending to seduce the hearers ; when in their preaching they cry up the lawfullnesse of prelacy , and vent bitter invectives against presbyterian government , condemn the work of reformation , and enveigh against the covenant , and so teach & encourage people to follow them in open perjurie , and condemning all our testimony , as nothing but treason & sedition ; which we are perswaded is truth , and that therefore they are blasphemers : and in their prayers , stuffed with error & larded with blasphemy , they reproach the work of reformation , & the power of godlyness , and pray for a blessing on the prelats , and on their courses which are cursed ; besides their parasitick prayers for the king , to be blessed in his government when stated in opposition to christ , and severall other things that tender consciences cannot go along with them therein . and yet if they hear them they must go along and actively concur with them , as their mouth to god. if it be obj●cted here : that this doth not strike against all , nor against any at all times , because some preaches always sound doctrine , and all preach sometime sound doctrine ; and the like may be said of their prayers : therefore sometimes at least they may be heard . i ans . . this may be alledged for all hereticks , who do all at sometimes preach sound doctrine , and yet these scriptures are stringent against them at all times , which i have adduced : for by these fr●its which they bring forth at sometimes , they shew themselves to be such as we must beware of at all times . . we cannot know when they will preach sound doctrine , seeing by their subjection to that government , they are obliged to maintain prelacy , and impugne our covenanted constitution . vi. they must not only be such as we can joine with in the ordinances as to the matter of them , but in the manner also they must be such administrators , as we are obliged in charity to think the lord will approve of them , & their administrations , & of us in our communion with them ; or at least that in their manner of dispensing ordinances , they be not such as we find are under a recorded sentance of dreadful punishment , both against them & their partakers : for if it be so , it is as sufficient a ground to withdraw from them , as for men to withdraw from a company staying in a house , that they see will fall & smother them in its ruin ; yea it is as warrantable to separate from them , as for israel to separate themselves from the congregation of the rebells who were to be consumed in a moment , numb . . . or for the lords people to come out of babylon , that they receive not of her plagues rev. . . now we find that not only the prophets of baal , and inticers to idolatrie , and leaders to error upon the matter are threatened , and the people for adhering to them but we find also ( as is observed by rect. instruend . confut . dial . chap. . pag. . ) many terrible charges & adjurations laid upon ministers , in reference to a faithful diligence in their ministerial function , and a suitable testimony concerning the sin & duty of the time , that they are commanded to cry aloud and shew the people their sin , isa. . . and as they would not have the blood of souls upon them , to give faithful warning touching the peoples case & hazard , sin , & duty , especially in times of great sin & judgment , when god is terribly pleading his controversie with them , ezek. . . therefore they must be instant in season & out of season tim. . . and for their negligence & unfaithfulness herein , we find many scripture woes & threatenings thundered against them . when in the deceit of their oun heart they promise assured peace , when the lord is pleading against a generation , they are threatened to be consumed with sword & famine , and the people to whom they prophecie shall be cast out in the streets , ier. . . . . therefore we dare not admit them to prophecie to us . when they strengthen the hands & harden the hearts of evil-doers , that none doeth return from his wickedness , the lord threatens to feed them with wormwood , & commands not to hearken to them , ier. . - . their blood shall be required at their hands ezek. . . one builds a wall , and another daubs it with untempered morter , then ye o great hailstones shall fall , and they shall be consumed in the midst thereof ezek. . , , , , . we dare not joine with either builders or daubers of such a work , as is carried on to the dishonour of christ & ruining of reformation , nor by our countenance & concurrence strengthen either builders or daubers . lest we also be consumed in the midst thereof . when there is a conspiracy of the prophets , and the priests violate the law , and profane holy things , and shew no difference between the unclean & the clean then the lord will pour out his indignation upon all , ezek. . — ad●fin . we would endeavour to keep our selves free of having any hand in that conspiracy . these scriptures do give the perfect pourtracture of our curats , in the conviction of all that know them . hence we draw a complexe argument : such ministers as can do no good by their ministrie , but a great deal of hurt to their hearers , and expose themselves & them both to the indignation of a jealous god , are not to be heard : but the curats are such as can do no good by their ministrie , but a great deal of hurt to their hearers , and expose themselves and them both to the indignation of the jealous lord : therefore they are not to be heard . the connexion of the major is clear from what is said above . the minor is also evident from the application of these scriptures , thus : they that in the deceit of their oun heart promise peace to , and strengthen the hands of evil doers , and give them not warning , but seduce them by daubing their wickedness , and shew no difference between the unclean & the clean &c. are such as can do no good by their ministrie , but a great deal of hurt to hearers , and expose themselves and them both to the indignation of god : but the curats are such : and all others who are so unfaithful as give no warning against but justifie the sins of the times . to be short , the minor of both these foregoing arguments is evident from the experience of all that go to the curats , who wrong thereby their oun souls , mar their edification , & run to cisterns without water . what blessing can be expected upon the labours of such , who having perjured themselves in taking on with the prelats , are prosecuting that course of defection , and making themselves captains to lead the people back to egypt , encouraging profanity & wickedness , being themselves patterns & patrons of the times corruptions ? and seeing a blessing cannot be expected upon their labours , but rather a curse , as daylie experience maketh good , when instead of any work of conversion or conviction among people , there is nothing seen but a fearful hardening in profanity ignorance & atheisme ; so that many that seemed to have somewhat like religion before , through hearing of them , are turned loose & laxe in all duties : yea never can it be instanced these years , that they have brought one soul to christ , from darkness to light , and from the power of satan unto god ; but many instances might be given of their murdering souls , as indeed they can not be free of it , who cannot warn nor declare the whole counsel of god. hence these who cannot but be soul-murderers , may not be heard nor intertained as soul-phisicians : but the curats cannot but be soul-murderers : again we can expect no good from them , but a great deal of hurt : seeing their ministrie is not the lords ordrnance , which he will approve , and no performances can be acceptable unto the lord which are not , in manner as well as in matter aggreeable to his will : hence the wickedness even of the lords lawful priests , not only caused the people to abhor the offerings of the lord , but even the lord himself to abhor his sanctuary , and to account their incense an abomination , so that he could not away with the calling of their assemblies , which yet upon the matter were duties . should not we then hate that which the lord hates , and withdraw from that which he hath forsaken ? but the meetings of the curats for administration of ordinances in their way , the lord hates , and hath signally forsaken : therefore we should hate & forsake them . this is confirmed by what mr durham sayes in that digression about hearing revel . . pag. . in to . seeing edification is gods gift , can it be expected but in his way , or can that be accounted his way which he hath not warranted . vii . as we would not partake of their judgment in countenancing of their administration of ordinances , so we would keep our selves free from all participation of their sin . for we must not be partakers with any in sin , nor have fellowship with the unfruitful works of darkness , that we must reprove , and that we find the lord reproves & condemns , eph. . , . and not only ministers in ordaining , but people in hearing , may be in hazard of partaking of some mens sins who enter into the ministry tim. . . we must keep at the greatest distance from sin . hence if we cannot hear the curats without partaking of their sin , then we must not hear them : but we cannot hear the curats without partaking of their sin . therefore we must not hear them . the minor i prove . if hearing of them be a tessera of our incorporation with them , ● test of our submission to them , a badge of our comp●yance with them , and sign of our approbation of them , then we cannot hear them without partaking of their sin : but hearing of them is such : the major cannot be denyed , if prelacy & conformity therewith be sin , as is in part proven above : for if these be sins , then we must not incorporate with , nor submit to them , nor comply with them , nor approve them . the minor i prove by parts . . hearing of curats is a tessera of our incorporation with them . for communion in sacred things doth infer an incorporation of the communicants or joiners in all cases , both in lawful & unlawful communions cor. . - . all partakers of the bread are one body , and they which eat of the sacrificies are partakers of the altar ; and also they that partake of the sacrifice offered to devils , though they do not offer it so themselves , yet they are incorporate and have fellowship with devils . and cor. . - . where they that do not come out , and are separate from unlawful communions , are expostulated with as making an unequally yoked fellowship , between righteousness & unrighteousness , light & darkness ; christ & belial , the temple of god & idols . hence then , if we cannot partake of their sacred things without partaking of their altar , and becoming one body with them ; and making such an unequally yoked mixture with them , then we must be separate : but the first is true from these places . this argument concludes with equal force , against joyning with any deeply engaged in the gross defections of the time . . hearing of curats is a test of our submission to them , & complyance with them : for so it is required by law , as the acts themselves say , that a chearful concurrence , countenance , & assistence given to such ministers , and attending all the ordinary meetings for divine worship , is an evidence of a due ackowledgment of & hearty complyance with his maj. government ecclesiastical & civil , as now established by law within this kingdom , act of parl. iul. . . and themselves look on all such as obey this act , as their friends , hence if this be sinful to submit to them , and comply with their establishment , in obedience to a sinful act of parliament , then it is sinful to hear them : but the former is true , as hath been shown . ergo — . hence it followes by native consequence , that hearing of curats is a sign of our approbation of them : for he that gives that which is required , & accepted , & interpreted as an evidence of a due acknowledgment , & of complyance with the government ecclesiastical , gives the sign of his approbation of it : but the hearer of curats does that in obedience to the act , requiring , accepting , & expressly interpreting it so : therefore &c. viii . as we would be free of their sin , in approving of , & complying with their course ; so we must endeavour to stand at the greatest distance from all appearance of sin in our selves , either by commission or omission , in which our joining with them in these circumstances would involve us . for we must astain from all appearance of evil thess. . . and from every thing that circumstances may make sinful : for otherways suppose a thing might be materially lawful & not simply sinful , yet circumstances may make it sinful , and a countenancing it so circumstantiated , doth infer a communion in these circumstances that make it sinful . they that eat of the sacrifice are partakers of the altar , and if the altar be not of gods approbation , the thing offered though otherwise lawful to be eaten , cannot justify the eaters , so circumstantiated . an idol is nothing , and that which is offered in sacrifices to idols is nothing , yet they who eat of it , when they know it is so circumstantiated , have fellowship with devils cor. . , , , . and it is called idolatry comp . vers . . which provokes the lord to jealousie vers . . especially when an action is so circumstantiated , that it would infer an omission of our duty , and a declining from or denying of our testimony , then it is clearly sinful . for whosoever shall deny the lord before men , him will he deny before his father , math. . . and we must hold fas● the profession of our faith without wavering , heb. . . and keep the word of his patience , if we would be kept in the hour of tentation , and hold it fast that no man take our croun rev. . , . all truth must be avowed , & practically avowed , on the greatest hazard : and as this testimony must be full , so must it be also constant . it was demass shame , that the afflictions of the gospel made him forsake the apostle , after great appearances for christ : and therefore whatever truth or duty is opposed , that becomes the special object of this testimony . rectius instruend . consut . . dial. chap. . pag. . . hence , if hearing of the curats would infer & involve us under the guilt both of commission of sin , and omission os duty , then we cannot hear them without sin : but the former is true : therefore also the latter . i prove the minor by parts . first , that it would infer & involve us under the guilt of commisssion of sin , all that is said above doth evince it : and besides , palpable breach of covenant , hereafter to be charged & cleared : and , idolatrie is a great sin of that na●ur : but the hearing of the curats doth infer this . which may be made out , thus : the breach of the sceond commandment is idolatrie ( for to make the sins against that command odious , they are all commprehended under that odious name of worshipping images ; as the sins against the seventh are called adultrie , comprehending all unchast thoughts , words , & actions ) hearing of curats is a breach of the second command : ergo — the minor i prove thus : every worship not according to christs appointment , is a breach of the second commandment : but hearing of curats is a worship not according to christs appointment . which i prove thus : a worship enjoined by and performed in obedience to a law , establishing a humane ordinance in the church , besides and against the institution of christ , is a worship not according to christs appointment : but the hearing of curats is a worship enjoined by and performed in obedience to a law establishing a humane ordinance , to wit , diocesan erastian prelacy , with the curats their substitutes . hence also the second doth follow by necessary consequence , that it would infer & involve us under the guilt of omission of duty . for first , if reductively it may involve us under the guilt of idolatrie & breach of the second commandment , then it will infer the guilt of omission of these necessary duties incumbent to the lords people with a reference to idolatry ; to make no covenant with them nor with their gods , nor let them dwell in the land lest they make us sin , exod. . , exod. . , . to overthrow their altars , & break their pillars , and destroy the names of them out of the place deut. . . iudg ▪ . . i do not adduce these precepts , to stretch them to the full measure of the demerit of the grossest of idolaters : for as there are degrees of breaches or the commandment , some grosser some smaller , so there are also degrees of punishment , and as to the manner of destroying & extirpating all pieces of idolatry : but that the commands being founded upon a moral ground , lest they 〈◊〉 & snares unto us , do oblige us to some endeavour 〈…〉 , extirpating & overthrowing all pieces or 〈◊〉 according to the word and our covenants ; and 〈…〉 true & right zeal of god , should and would not only inspire all with an unanimous aversion against the profane intruding curats , but animate us as one man to drive away these wolves & theives , and to eradicate these plants which our heavenly father never planted , napht. prior edit . pag. . the least duty that can be inferred is that of the apostles , flee from idolatry co , . . . which idolatry there mentioned to be avoided , is to eat of the sacrifices offered to idols : whence we infer that if to eat of things consecrated to idols be idolatrie , then also to partake of sacred things consecrated by idols must be idolatry ; as the curats dispensing of ordinances is consecrated by , & hath all its sanction from , an i●ol of diocesan erastian prelacy : but we see the apostle expresses the former : therefore we may infer the latter . further it will also infer a declining from & denying a necessary testimony , in the case circumstantiated . even the smallest matter is great , when a testimony is concerned in it , were it but the circumstance of an open window ; daniel durst not omitt it upon the greatest hazard . and now this is clearly come to a case of confession , when there is no other way to exoner our consciences befor god & the world , and declare our non-conformity to this course of backsliding , no getting of wrongs redrest or corruptions in the ministry removed but by this practice : and certainly some way we must give publick testimony against these courses , and there is no otherway so harmless & innocent as this , though suffering follow upon it apol. relat. sect. . . . and now there is no other way apparent , whereby the difference shall be kept up betuixt such as honestly mind the covenanted work of reformation , and the corrupt prelatical & malignant enemies . but this argument also will infer the expediency of withdrawing , from all ministers with whom our circumstantiat joyning would involve us in a participation with their defections . ix . as we would endeavour to avoid sin in our selves ; so we must have a care to give no occasion of others sinning , by our taking liberty in a promiscuous joining in church communion , whereby we may offend & stumble the consciences of others : for to that , in this as well as in other things , we must have a special respect , and forbear things not only for our oun unclearness , but for the sake of others also . if therefore the hearing of curats be a scandal , we must refuse it , be the hazard what will. for who so shall offend one of christs little ones , it were better for him that a milstone were hanged about his neck math. . . no man must put a stumbling block or an occasion to fall in his brothers way , rom. . . they that sin so against the brethren , and wound their weak conscience , they sin against christ cor. . . we must forbear somthings for conscience sake , conscience , i say , not our oun but of others , giving none offence neither to the iewes , nor to the gentiles , nor to the church of god , . cor. . , , . and so cut off all occasion from them that desire occasion cor. . . these commands discharge whatever practice give occasion of our brothers sinning , of calling truth in question , of acting with a doubting conscience , or which weakens his plerophory or assurance ; and neither the lawfulness nor indifferency of the thing it self , nor mens authority commanding it , nor the weakness yea or wickedness of those in hazard to be stumbled , will warrand the doing of that out of which offence arises , rectius instruend . confut. . dial. chap. . pag. . mr durham in that forecited place saith , it carries offence along with it ; in reference to the partie who runs unsent , it proves a strengthening & confirming of him , and so a partaking of his sin ; in reference to others , either strengthens them by that example to cast themselves in that snare , which possibly may be their ruine , or it grieves them and makes them sad who are tender of such things , or gives occation to make all difference of that kind to be thought light of . hence , if hearing of the curats be an offence or scandal , both in reference to malignants , and in reference to the godly , and in reference to the posterity , then it must be avoided : but the former is true : which is evidenced by parts . first , in reference to malignants , it hardens & encourages them in their opposition to the work of god , and all backsliders & complyers with them in their apostasie ; this strengthens their hands in their wicked courses , when they see how they are countenanced by all , and that there is no disrespect put upon them , nor dissatisfaction evinced against their courses , then they conclude that they are approven of all : and this hardeneth them , so that they never once think of the evil of their wayes . next in reference to the godly , it stumbles the truly tender , by encouraging them to do contrare to their light & conscience , even when they are not clear to hear them , then they are emboldened thereunto when they see others doing so ; and so it tends to the wounding of their peace , and makes them halt in the wayes of the lord. lastly with a re●erence to posterity , it would prejudge them very much : though now the honest party be not in a capacity to transmit the work of reformation unto their posterity , in such a manner as were to be wished ; yet they should do something for keeping fresh the memory of the good old cause , by keeping up some footsteps of a standing controversy for zions interest against the common enemy : but now let all joine with , & oune the curats , what appearance of this shall the posterity see ? shall not they conclude that the day is lost , & the cause is gone , when they see that this generation hath fled the fields , or rather sold & betrayed the cause , by ouning , countenancing , & complying with the enemy , and no standing testimony against these corruptions ? whereas if there were but this much of a standing difference , betwixt the people of god & the common enemies of god , to be seen ; posterity shall in some measure be kept from being deceived , and shall see the interest of christ not killed nor buried quick , but living though in a bleeding condition , and this will occasion their engaging for christ , and interesting themselves in the quarrel ; and it is far better to see the cause of christ ouned though , by suffering & blood , then sold & betrayed by base flenching & complying with persecuters . this argument may also found & i●ter a withdrawing from the addressing ministers who to the great scandal of presbyterians give forth their addresses in the name of all of that perswasion . x. our duty to themselves , yea our greatest office of love we owe to them in order to their conviction , does oblige us to withdraw from them . this may seem a paradox , yet it will be apparent ; if we search the scriptures , to see what we owe to scandalous brethren . there we find , it is a duty to endeavour by all lawful means to shame them out of their sin : and it is an argument of hatred , when we do not rebuke our neighbour or when we suffer sin upon him , lev. . . if we consider them then as neighbours & friends , we must use endeavours to take away their sin from them ; if we consider them not as such but as enemies , then we must avoid them , and not be mingled with them , as i could adduce many scriptures for that . but i suppose all that will oppose my thesis , would have them considered as friends . well then , if they be scandalous brethren , this is the way prescribed by the apostle to deal with them , in order not to suffer sin upon them , that we should withdraw from them our company : and if we must withdraw our company , then also a fortiore , we must deny them our religious communion ; for that must either be included there , or necessarly inferred . he writes , not to keep company if any man that is called a brother ( mark that speciality ) be a fornicator , or covetous , or an idolater , or a railer , or an extortioner , with such an one no not to eat cor. . . and i presume they that know them best , will grant , that it would not be hard to prove that all the curats in scotland were chargable with some of these , or at least partakers with them . and that if they were all impartially impannelled , they would be rare ones whom an honest jury would not bring in guilty of this lybel . then we are expressly commanded , in the name of our lord jesus christ , to withdraw our selves from every brother that walketh disorderly , and not after the received tradiction ; and if any man obey not the word , to note him and have no company with him , that he may be ashamed thess. . . . sure neither their office nor their innocency , can exempt them from these rules . for either they must be considered as our brethren , or not : if not , then we oune no church communion with them , for that is only among brethren that are so in sympathie , & affection , & affinity , having one father , and one mother : if they be brethren , then all scandalous brethren are to be withdrawn from ; but they are scandalous brethren : therefore they are to be withdrawn from . the minor will not be doubted by any but such as are strangers to them , who both in their ministerial & personal capacity are so scandalous to the conviction of all , that profanness hath gone forth from them unto all the land , and they as much as ever the profane sons of eli , have made men to abhor the offering of the lord sam. . . but even strangers that are unacquaint with their personal profligatness & ignorance &c. cannot be altogither ignorant of the scandal of prelacy & e●astianisme , in which they are all involved , of the scandal of apostasie , perjurie , & breach of covenant , which is their brand , and the nations bane , that hath countenanced them . and none can doubt , but if our church were dwely constitute and invested with the orderly power of christ , and in capacity to exerce & improve it , they would soon be censured every soul of them as scandalous , as they have been also previously sentanced as such , by the acts of our general abssemblies . this argument levells also against all complying , indulged , addressing ministers , who by these courses have incurred the character of disorderly brethren . xi . our faithfulness to god , and to one another ingaged in our covenants , doth oblige us to turn away from them who have broken it , and so classed themselves among these truce-breaking traitors , who make our times perillous , from whom we must turn away tim. . - . it appears from the foregoing deduction , how solemnly these nations were engaged both to keep out & put out this generation of prelatists , now prevailing ; the obligation of which yet lyes upon all the inhabitants of the land , with a binding force , both in regard of their forme , and object , and end . hence if the curats be covenant breakers , and we also in ouning them , then we cannot oune them without sin ; but the curats are covenant breakers , and we also in ouning them . ergo — the minor may be manifest by an indiction of all the articles of the solomn league & covenant , broken by them , and all that oune them . that doctrine , worship , discipline , & government in the . ar : . sworn to be preserved & propagated , was the presbyterian then established , which our church was in possession of , which they have opposed , & their ouners resiled from , and have not maintained . . we are engaged in . art. to endeavour the extirpation of prelacy , and its dependents ; which is diametrically opposite to ouning of curats : can we oune them whom we are bound to abhor ? and submit to them whom we are bound to extirpate ? surely this were to rebuild what we have destroyed see napht. p. . and since in relation to poperie , heresie , & schisme , this article obliges us to disoune , & not to hear papists & schismaticks , why not also in relation to prelatists , who are the greatest schismaticks ? . they have established & homologated an erastian supremacy , to the prejudice of true religion and the liberties of the church & kingdom , and their ouners have abetted & contenanced the same , and not preserved either the liberties of church or kingdom , contrary to the . art. . they have not only concealed & countenanced malignant enemies to this church & kingdom , but have themselves been reall incendiaries hindering the reformation of religion , making factions & parties amongst the people , contrary to this league & covenant , and their hearers are so far from bringing them to condign punishment . that they have strengthened their hands in their avowed opposition to the covenants , contrary to the art. . they have broken our conjunction in firme peace & union ; and yet their hearers have not marked & avoided these causers of divisions , contrary to scripture , and the art. . instead of assisting & defending all these that entered into this league & covenant &c. they have been the greatest persecuters of all them that adhered to it ; and their ouners have suffered themselves , by combination or perswasion or terror , to be divided & withdrawn from their suffering brethren , and have made defection to the contrary part , and given themselves to a detestable indifferency in this cause , contrary to the . art. . instead of humbling themselves for their sins , and going before others in the example of a real reformation , they have obstinately defended their breach of covenant , and have been patrons & patterns of all deformations ; and their ouners & hearers have not repented of that neither , when they countenance such covenant-breakers & profane persons , nor of their not labouring for the purity & power of the gospel , when they seek it from such impure hands : neither do they go before others in reformation , when they are such bad examples of defection , contrary to the conclusion of the covenant . this argument will also strike against hearing of such ministers that have made themselves guiltie of the same , or equivalent breaches of covenant . xii . finally , for unions sake , and to avoid schisme in the body , we must withdraw from them . this may seem another paradox : but it is apparent , if we consider , that there should be no schisme in the body , but that the members should have the same care one for another , cor. . . and that for to prevent & remede this , the apostle beseeches us to mark them which cause divisions , & offences contrary to the doctrine which we have learned , & avoid them , rom. . . now then , if the prelats and their curats be schismaticks , & separatists , and dividers , then we must avoid & withdraw from them : but so it is that the prelats & their curats are schismaticks , & separatists , and dividers : therefore we must avoid & withdraw from them . the minor i prove from all the constituents of a formed schisme , separation , & sinful division . . they that start out from under due relations to a church , and from her ministry , are schismaticks , separatists , & dividers , but the prelats and their curats have started out from under due relations to the covenanted church of scotland , & from her ministry , in being so unnatural rebellious children , as have broken their mothers beauty & bands , order & union , & razed her covenanted reformation , in doctrine , worship , discipline , & government : . these who withdraw from the communion of a true church , and therefore are censureable by all her standing acts , are schismatical separatists : but the prelats and their curats have withdrawn from the communion of the true church of scotland , and therefore are censureable by all her standing acts , in that they have made a faction & combination repugnant to the communion of this church , and all her established order : . those who separate from a church , whose principles & practices are subservient to that churches true union & communion and right establishment , are properly schismaticks : but the prelats and their curats have separated from this church , whose principles & practices are subservient to its true union & communion and right establishment ; for they could never yet impeach or challenge any principle or practice , contrary to the word of god , or not subservient to true union & order , but their principles & practices are stated in opposition to her purity & reformation . those who innovate the worship & government , ouned & established in a true church , are schismaticks : but the prelats and their curats have innovated the worship & government of the true church of scotland , in bringing a doctrine new & odd , and not the voice of this church ; and their worship , over and above the corruption adhering to it , is the worshiping of an innovating party , contrary to our churches established order : . they that make a rent in the bowels of the true & genuine church , are the schismaticks : but the prelats and their curats have made a rent in the bowels of this church , and have caused all the divisions in this church . . those that divide themselves from the fellowship of a pure church , either in her ministry , lawful courts , & ordinances , are the schismaticks : but the prelats and their curats have divided themselves from the fellowship of this pure church , in her ministry , lawful courts & ordinances , in that they have caused the ejection of her ministry , dissipation of her assemblies , and subversion of her pure ordinances . . those that break union with such , to whom they were under obligations to adhere , are schismatical dividers : but the prelats and their curats have broken union with such to whom they were under obligations to adhere , both from the antecedent morally obliging duty , and from the superadded obligation of the covenants , neither could they ever pretend any thing that might loose the obligation : . that party in a reformed church , which having overturned her reformation , hath shut out , laid aside , & persecute away sound adherers thereunto , both ministers & professors , & will not admit ministers to officiate but upon the sinful termes of complyance with their way , are schismaticks : but the prelats and their curats are that party in this reformed church , which having overturned her reformation , hath shut out , laid aside , and persecute away sound adherers thereunto &c. therefore they are the schismaticks to be withdrawn from , and their way is the schisme , which we are bound to extirpate in the covenant . head . ii. the sufferings of many for refusing to oune the tyrants authority vindicated . the other grand ordinance of god , magistracy , which he hath in his soveraign wisdom , justice , & goodness , appointed , ordained , & consecrated , for the demonstration , illustration , & vindication of his oun glory , and the communication , conservation , and reparation of the peace , safety , order , liberty , and universal good of mankind , is next to that of the ministry of greatest concern : wherein not only the prudence , policie , propertie , & libertie of men , but also the conscience , duty , & religion of christians , have a special interest . and therefore it is no less important , pertinent , profitable , & necessary for every one that hath any of these to care & contend for , keep or recover , to inquire into and understand somthing of the institution , constitution , nature , & boundaries of the sacred ordinance of magistracy , than into the holy ordinance of the ministry ; so far at least as may consist with the sphere of every ones capacity & station , and may conduce to the satisfaction of every ones conscience , in the discharge of the duties of their relations . every private man indeed hath neither capacity , concern , nor necessity , to study the politicks , or search into the secrets , or intrigues of government , no more then he is to be versed in all the administrations of ecclesiastical policy , and interests of the ministry : yet every mans conscience is no less concerned , in distinguishing the character of gods ministers of justice , the magistrats , to whom he owes & ounes allegiance , that they be not usurping tyrants , everting the ordinance of the magistracy ; than in acknowledging the character of christs ministers of the gospel , to whom he owes & ounes obedience , that they be not usurping prelats or impostors , perverting the ordinance of the ministry . the glory of god is much concerned , in our ouning & keeping pure & intire , according to his will & word , both these ordinances . and our conscience as well as interest is concerned in the advantage or hurt , profit or prejudice , of the right or wrong , observation or prevarication , of both these ordinances ; being interested in the advantage of magistracy , and hurt of tyrannie in the state , as well as in the advantage of the ministry , and hurt of diocesan or erastian supremacy in the church ; in the advantage of ltberty , and hurt of slavery in the state , as well as in the advantage of religion and hurt of profaneness in the church ; in the profit of lawes and prejudice of prerogative in the state , as well as in the profit of truth and prejudice of error in the church ; in the profit of peace and true loyalty , and prejudice of oppression and rebellion in the state , as well as in the profit of purity & unity , and prejudice of defection & division or schisme , in the church . so that in conscience , we are no more free to prostitute our loyalty & liberty absolutely , in ouning every possessor of the magistracy ; than we are free to prostitute our religion & faith implicitely , in ouning every pretender to the ministry . this may seem very paradoxical to some , because so dissonant & dissentient from the vulgar , yea almost universal and invetrate opinion & practice of the world , that hitherto hath not been so precise in the matter of magistracy . and it may seem yet more strange , that not only some should be found to assert this ; but that any should be found so strict and strait-laced , as to adventure upon suffering , and even to death , for that which hath hitherto been seldom scrupled , by any that were forced to subjection under a yoke , which they had no force to shake off , and wherein religion seems litle or nothing concerned ; for not ouning the authority of the present possessors of the place of government : which seems to be a question not only excentrick & extrinsick to religion , but such a state question , as for its thorny intricacies & difficulties , is more proper for politicians & lawyers to dispute about ( as indeed their debates about this head of authority , have been as manifold & multiplied as about any one thing ) than for private christians to search into , and suffer for , as a part of their testimony . but if we will cast off prejudices , and the tyrannie of custom , and the bondage of being bound to the worlds mind in our inquiries about tyrannie , and suffer our selves to ponder impartially the importance of this matter ; and then to state the question right ; we shall find religion & conscience hath no small interest in this business . they must have no snall interest in it , if we consider the importance of this matter , either extensively , or objectively , or subjectively . extensively considered , it is the interest of all mankind to know and be resolved in conscience , whether the government they are under be of gods ordination or of the devils administration ; whether it be magistracy or tyrannie ; whether it gives security for religion & liberty , to themselves and their posterity , or whether it induces upon themselves , and entails upon the posterity , slavery as to both these invaluable interests ; whether they have matter of praise to god for the blessings & mercies of magistracy , or matter of mourning for the plagues & miseries of tyrannie , to the end they may know both the sins & snares , duties & dangers , case & crisis , of the times they ●ive in . all men that ever enjoyed the mercy of a right constitute magistracy , have experienced , and were bound to bless god for the blessed fruits of it : and on the other hand , the world is full of the tragical monuments of tyrannie , for which men were bound bath to search into the causes , and see the effects of such plagues from the lord , to the end they might mourn over both . and from the begining it hath been observed , that as peoples sins have alwayes procured the scourge of tyrannie ; so all their miseries might be refounded upon tyrants encroachments , usurping upon or betraying their trust , and overturning religion , lawes , & liberties . certainly mankind is concerned in point of interest & conscience , to inquire into the cause & cure of this epidemick distemper , that hath so long held the world in miserie , and so habitually , that now it is become as it were natural to lye stupidly under it ; that is , that old ingrained gangrene of the kings evil , or complyance with tyrannie ; that hath long afflicted the kingdoms of the world , and affected not only their backs in bearing the burden thereof ; but thir hearts into a lethargick stupor of insensibleness ; and their heads in infatuating & intoxicating them with notions of the sacredness & incontroulablness of tyrannie ; and their hands in infeebling and fettering them from all attempts to work a cure : or else it hath had another effect on many that have been sensible of a touch of it ; even equivalent to that , which an ingenious author mr gee in his preface to the divine right & original of the civil magistrate ( to which mr durham is not absonant ) expounds to be the effect of the fourth vial , rev. . , . when in these dog-dayes of the world , power is given to the sun of imperial , especially popish , tyannie , by their exorbitant streaches of absolute prerogative , to scorch men with fire of furious oppressions , they then blaspheme the name of god which hath power over these plagues , in their mal-content complaints , grumblings , grudgings , and murmurings under the miserie , but they do not repent nor give him glory , in mourning over the causes promeriting such a plague , and their oun accession in exposing themselves to such a scorching sun , nakedly without a sconce . certainly this would be the remedy that conscience would suggest , and interest would incite to , an endeavour either of allaying the heat , or of subtracting from it under a shelter , by declining the oblique malignity of its scorching rayes . but will the world never be a wakened out of this dream & dotage , of dull & stupid subjection to every monster that can mount a throne ? sure at length it may be expected , either conscience from within as gods deputy , challenging for the palpable perversion of this his excellent ordinance , or iudgments from without , making sensible of the effects of it , will convince & confute these old inveterate prejudices . and then these martyrs for that universal interest of mankind , who got the fore-start and the first sight of this , will not be so flouted as fools , as now they are . and who knoweth , what prelude or preparative , fore-boding & presaging the doun fal of tyranny , may be in its aspirings to this hight of arbitrary absoluteness , and in the many questions raised about it , and by them imposed upon consciences to be resolved . if we consider the object of this question ; as conscience can only clear it , so in nothing can it be more concerned . it is that great ordinance of god , most signally impressed by a very sacred & illustrious character of the glorious majestie of the most high , who hath appointed magistracy ; in which , considering either its fountain , or dignity , ends , or effects , conscience must have a very great concern . the fountain or efficient cause of magistracy , is high & sublime . the powers that are be of god , not only by the all disposing hand of god in his providence , as tyranny is , nor only by way of naked approbation , but by divine institution ; and that not only in the general , by at least a secondary law of nature , but also the special investiture of it , in institution & constitution , is from god ; and therefore they are said to be ordained of god , to which ordinance we must be subject , not only for wrath but also for conscience sake ; which is the great duty required in the fifth command , the first commandment with promise ; that hath the priority of place befor all the second table , because the other commandments respect each some one interest , this hath a supereminent influence upon all . but tyrannical powers are not of god in this sense . and it were blasphemie to assert they were of the lords authorization , conscience cannot bind to a subjection to this . again the dignity of magistracy , ordained for the maintenance of truth & righteousness , the only foundations of peoples felicity , whether temporal or eternal , including the bonds & boundaries of all obedience & subjection , for which they are intended & to which they refer , is supereminent ; as that epithet of higher added to the powers that are of god , may be rendered ; making them high & sublime in glory , whose highest prerogative is , that being gods ministers , they sit in the throne of god , anointed of the lord , judging not for man but for the lord , as the scripture speaks . to this conscience is concerned in duty to render honour as due , by the prescript of the fifth commandment : but for tyranny , conscience is bound to deny it , because not due ; no more than obedience , which conscience dare not pay to a throne of iniqulty , and a throne of the devil , as tyranny may be called as really as magistracy is called the throne of god. next conscience is much concerned in the ends of magistracy , which are the greatest , the glory of god and the good of mankind . and in the effects of it , the maintenance of truth , righteousness , religion , liberty , peace , & safety , and all choicest external blessings : but the ends & effects of tyranny are quite contrary , domineering for pleasure , and destroying for profit . can we think that conscience is nothing concerned here , that these great ends shall be subverted , and the effects precluded ; and to that effect , that tyrannie not only be shrouded under a priviledge of impunity , but by our subjection & acknowledment of it , as a lawful power , encouraged into all enormities , and licensed to usurpe , not only our liberties , but gods throne by an uncontroulable soveraignty ? but if we consider the subjective concern of conscience , it must be very great : when it is the only thing that prompts to subjection , that regulats subjection , and is a bottom for subjection to lawful powers . if it were not out of conscience , men that are free born are naturally such lovers of liberty , and under corruption such lusters after licenciousness , that they would never come under the order of this ordinance , except constrained for wraths sake : but now , understanding that they that resist the power resist the ordinance of god , and they that resist shall receive to themselves damnation , they must needs be subject , not only for wrath , but also for conscience sake . if conscience were not exercised in regulating our duty to magistrats , we would either obey none , or else would observe all their commands promiscously , lawful or unlawful , and would make no difference either of the matter commanded , or the power commanding : but now , understanding that we must obey god rather then man , and that we must render to all their dues , fear to whom fear , honour to whom honour , conscience regulats us what & whom to obey . and without conscience there is litle hope for government to prove either beneficial or permanent : litle likelyhood of either a reall , regular , or durable subjection to it . the discernible standing of government upon conscientious grounds , is the only thing that can bring in conscience , & a conscientious submission to it ; it being the highest & most kindly principle of , and the strongest & most lasting obligation to , any relative duty . it will not be liberty of conscience ( as sayeth the late declaration for it ) but reality of conscience , and government founded upon a bottom of conscience , that will unite the governed to the governours by inclination as well as duty . and if that be , then there is needful a rule of gods revealed preceptive will ( the only cynosure & empress of conscience ) touching the founding & erecting of government , that it have the stamp of gods authority . it must needs then follow that conscience hath a very great concernment in this question in the general , and that before it be forced to an abandoning of its light in a matter of such moments , it will rather oblige people that are conscientious to suffer the worst that tyrants can do ; especially when it is imposed & obtruded upon conscince , to give its suffrage & express acknowledment that the present tyranny is the authority of god , which is so visible in the view of all that have their eyes open , that the meanest capacity that was never conversant in lawes & politicks can give this verdict that the constitution & administration of the government of the tuo royal brothers , under whose burthen the earth and we have been groaning these years past , hath been a compleat & habitual tyranny , and can no more be ouned to be magistracy the● robbery can be acknowledged to be a rightful possession . it is so plain , that i need not the help of lawyers & politicians to demonstrate it , nor lanch into the ocean of their endless debates in handling the head of magistracy & tyrannie : yet i shall improve what help i find in our most approved authors who have enlarged upon this question ( though not as i must state it ) to dilucidate the matter in thesi , and refer to the foregoing deduction of the succession of testimonies against tyranny , to clear it in hypothesi . whence we may see the occasion , and clearly gather the solution of the question , which is this . whether a people , long oppressed with the encroachments of tyrants & usurpers , may disoune their pretended authority ; & when imposed upon to acknowledge it ; may rather chiefe to suffer than to oune it ? to clear this question : i shall first premit some concessions , and then come more formally to resolve it . i. it must be granted the question is extraordinary , and never so stated by any writer on this head ; which makes it the more difficult , and odious , because odd & singular , in the esteem of those who take up opinions rather from the number of votes than from the weight of the reasons of the asserters of them . it will also be yeelded , that this was never a case of confession for christians to suffer upon . and the reason of both is , because , before these seven years past , this was never imposed upon private & common subjects to give an account of their thoughts & conscience about the lawfulness of the government they lived under . conquerers & usurpers sometimes have demanded an acknowledgment of their authority ; from men of greatest note & stroke in the countries they have seised : but they never since the creation urged it upon common people , as a test of loyalty ; but thought alwayes their lawes , & power to execute them on offenders , did secure their subjection . or otherwise to what purpose are lawes made , and the execution of them committed to men in power , if they be not thought a sufficient fence for the authority that makes them ; except it also have the actual acknowledgment of the subjects to ratify it ? men that are really invested with authority , would think it both a disparagment to their authority , and would disdain such a suspicion of the questionableness of it , as to put it as a queston to the subjects , whether they ouned it or not . but the gentlemen that rule us , have fallen upon a piece of unprecedented policy : wherein they think both to involve the nation in the guilt of their unparalelled rebellion against the lord , by ouning that authority that promotes it , and so secure their usurpations , either by the suffrage of all that oune them , or by the exstirpation of the consciencious that dare not , with the odium & obli●uie of being enemies to authority ; by which trick they think to bury the honour of their testimony . yet in sobriety without prophecying it may be presumed , at the long run this project will prove very prejudicial to their interest : and herein they may verify that scots proverb , ov'r fast ov'r loose , and accomplish these divine sayings he disappointeth the devices of the crafty , he taketh the wise in their oun craftiness , and the counsel of the froward is carried head long . for as they have put people upon this question , who would not otherwise have made such inquiries into it ; and now finding they must be resolved in conscience to answer it , when ever they shall be brought before them ; upon a very overly search , they see terrible tyranny witten in legible bloody characters almost on all administrations of the government , and so come to be fixed in the verdict that their conscience & the word of god gives of it : so it may be thought , this question now started , for as despicable beginings it hath , yet ere it come to a ful & final decision , will be more inquired into through the world , and at length prove as fatal to tyranny , as ever any thing could be , and then they may know whom to thank . but however though the question be extraordinary , and the sufferings thereupon be unprecedented ; and therefore among other contradictions , that may be objected , that neither in history nor scripture we can find instances of private people their refusing to oune the authority they were under , nor of their suffering for that refusal : yet nevertheless it may be duty without example . many things may be done ; though not against the law of god , yet without a precedent of the practice of the people of god. though we could not adduce an example for it , yet we can gather it from the law of god , that tyranny must not be ouned , this will be equivalent to a thousand examples . every age in somethings must be a precedent to the following , and i think never did any age produce a more honourable precedent , than this begining to decline a yoke under which all ages have groaned . . it will be also granted , it is not always indispensablie necessarie , at all times . for a people to declare their disclaim of the tyranny they are under , when they cannot shake it off ; nor , when they are staged for their duty before wicked & tyrannical judges , is it always necessarie to disoune their pretended authority positively ; when either they are not urged with questions about it , then they may be silent in reference to that ; or when they are imposed upon to give their judgment of it , they are not alwayes obliged , as in a case of confession , to declare all their mind , especially when such questions are put to them with a manifest design to entrap their lives , or intangle their conscience . all truth is not to be told at all times ; neither are all questions to be answered when impertinently interrogate , but may be both cautiously & conscienciously waved . we have christs oun practice , & his faithful servant pauls example , for a pattern of such prudence & christian caution . but yet it were cruel & unchristian rigour , to censure such as out of a pious principle of zeal to god & conscience of duty , do freely & positively declare their judgment , in an absolute disouning of their pretended authority , when posed with such questions , though to the manifest detriment of their lives , they conscienciously looking upon it as a case of confession . for where the lord hath not peremptorily astricted his confessors to such rules of prudence , but hath both promised and usually gives his spirits conduct , encouraging & animating them to boldness , so as before hand they should not take thought how or what they shall speak , and in that same hour they find it given them , it were presumption for us to stint them to our rules of prudence . we may indeed find rules to know , what is a case of confession ; but hardly can it be determined , what truth or duty we are questioned about is not , or may not be , a case of confession . and who can deny , but this may be in some circumstances a case of confession , even positively to disoune the pretended authority of a bloody court or council ? when either they go out of their sphere , taking upon them christs supremacy , and the cognizance of the concerns of his croun , whereof they are judges no ways competent ; then they must freely & faithfully be declined . or when , to the dishonour of christ , they blaspheme his authority , and the sacred boundaries ▪ he hath prescribed to all humane authority , and will assert an illimited absolute authority , refusing & discharging all offered legal & scriptural restrictions to be put thereupon ( as hath been the case of the most part of these worthy though poor martyrs , who have died upon this head ) then they must think themselves bound to disoune it . or when they have done some cruel indignity & despight to the spirit of god , and to christ his prerogative & glory , and work of reformation , and people , in murdering them without mercy , and imposing this ouning of their king , by whose authority all is acted , as a condemnation of these witnesses of christ their testimony , and a justification of their bloody cruelties against them , which hath frequently been the case of these poor people that have been staged upon this account : in this case , and several others of this sort that might be mentioned , then they may be free & positive in disouning this test of wicked loyaltie , as the mark of the dragon of the secular beast of tyranny . and in many such cases , when the lord gives the spirit , i see no reason but that christs witnesses must follow his pattern of zeal in the case of confession , which he witnessed before pontius pilate in asserting his oun kingship , as they may in other cases follow his pattern of prudence . and why may we not imitate the zeal of stephen , who called the council before whom he was staged stiff necked resisters of the holy ghost , persecuters of the prophets , and betrayers & murderers of christ the just one , as well as the prudence of paul ? but however it be , the present testimony against this pretended authority lies in the negative , which obliges alwayes , semper & ad semper ; that is to say , we plead , that it must never be ouned . there is a great difference between a positive disouning , and a not ouning : though the first be not alwayes necessary , the latter is the testimony of the day , and a negative case of confession , which is allwise clearer than the positive . though we must not allwise confess every truth , yet we must never deny any . . it is confessed , we are under this sad disadvantage besides others , that not only all our brethren , groaning under the same yoke with us , will not take the same way of declining this pretended authority , nor adventure when called to declare their judgment about it ( which we do not condemn , as is said , and would expect from the rules of equity & charity , they will not condemn us , when we find our selves in conscience bound to use greater freedom ) but also some when they do declare their judgment , give it in termes condemnatory of , & contradictory unto our testimony , in that they have freedom positively to oune this tyranny , as authority , and the tyrant as their lawful soveraign . and many of our ministers also are of the same mind . and further as we have few expressly asserting our part of the debate , as it is now stated : so we have many famous & learned divines expressly against , us in this point , as especially we find in their comments upon rom. . among whom i cannot dissemble my sorrow to find the great calvin , saying , saepe solent inquirere &c. men often inquire , by what right they have obtained their power who have the rule ! it should be enough to us that they do govern , for they have not ascended to this eminency by their oun power , but are imposed by the hand of the lord. as also pareus saying too much against us . for answer to this i refer to mr knox his reply to lithingtoun , producing several testimonies of divines against him upon this very same head ; wherein he shewes , that the occasions of their discourses & circumstances wherein they were stated were very far different , from those that have to do with tyrants & usurpers , as indeed they that are most concerned and smart most under their scourge are in best case to speak to the purpose . i shall only say , mens averment in a case of conscience is not an oracle , when we look upon it with an impartial eye , in the case wherein we are not prepossessed● it will bear no other value , than what is allayed with the imperfections of fallibility ; and moreover is contradicted by some others , whose testimony will help us as much to confirm our persuasion , as others will hurt us to infirm it . . but now when tyrants go for magistrats ; lest my plea against ouning tyranny , should be mistaken as if it were a pleading for anarchy : i must assert , that i and all those i am vindicating are for magistracy , as being of divine original , institute for the common good of humane & christian societies , whereunto every soul must be subject , of whatsoever quality or character , and not only for wrath but also for conscience sake ( though as to our soul & conscience , we are not subject ) which whosoever resisteth resisteth the ordinance of god , and against which rebellion is a damnable sin , whereunto ( according to the fifth commandment , and the many reiterated exhortations of the apostles ) we must be subject , and obey magistrates , and submit ourselves to every ordinance of man for the lords sake , whether it be unto the king as supreme &c. and we account it a hateful brand of them that walk after the flesh , to despise government , to be presumptuous , self willed , and not afrayed to speakevil of dignities and that they are filthy dreamers who despise dominion & speakevil of dignities , and of those things which they know not . we allow the magistrate , in whatsoever form of government all the power the scripture , lawes of nature or nations , or municipal do allow him : asserting that he is the keeper & avenger of both the tables of the law , having a power over the church as well as the state suited to his capacity , that is ; not formally ecclesiastical but objectively for the churches good ; an external power , of providing for the church , & protecting her from outward violence , or in ward disorder ; an imperate power , of commanding all to do their respective duties ; a civil power of punishing all , even church officers , for crimes ; a secundary power of judicial approbation or condemnation , or discretive , in order to give his sanction to synodical results ; a cumulative power , assisting & strengthening the church in all her priviledges , subservient though not servill , coordinate with church power not subordinate ( though as a christian he is subject ) in his oun affairs , to wit civil , not to be declined as judge , but to be obeyed in all things lawful , and honoured & strengthened with all his dwes . we would give unto cesar the things that are cesars , and to god the things that are gods but to tyrants , that usurpe & pervert both the things of god & of cesar , and of the peoples liberties , we can render none of them , neither gods , nor cesars , nor our oun ; nor can we from conscience give him any other deference , but as an enemy to all , even to god , to cesar , & the people . and in this , though it doth not sound now with court parasites , nor with others that are infected with royal indulgences & indemnities , we bring forth but the transumpt of old principles , according to which our fathers walked when they still contended for religion & liberty , against the attemptings & aggressions of tyranny against both . . it must be conceded , it is not an easie thing to make a man in the place of magistracy a tyrant . for as every escape , error , or act of unfaithfulness , even known & continued in , whether in a ministers entry to the ministry , or in his doctrine , doth not unminister him , nor give sufficient ground to withdraw from him , or reject him as a minister of christ : so neither does every enormity , misdemeanure , or act of tyranny , injustice , perfidie , or profanity in the civil magistrate , whether as to his way of entry to that office , or in the execution of it , or in his private or personal behaviour , denominate him a tyrant or usurper , or give sufficient ground to divest him of magistratical power , and reject him as the lawful magistrate . it is not any one or tuo acts contrary to the royal covenant or office , that doth denude a man of the royal dignity , that god & the people gave him : david committed tuo acts of tyranny , murder & adultery ; yet the people were to acknowledge him as their king ( and so it may be said of some others , ouned still as kings in scripture ) the reason is , because though he sinned against a man or some particular persons , yet he did not sin against the state , and the catholick good of the kingdom , subverting law ; for then he would have turned tyrant , and ceased to have been lawful king. there is a great difference between a tyrant in act , and a tyrant in habit , the first does not cease to be a king. but on the other hand , as every thing will not make a magistrate to be a tyrant : so nothing will make a tyrant habitu , a magistrate . and as every fault will not unminister a minister ; so some will oblige the people to reject his ministry , as if he turn heretical , & preach atheisme , mahumetanisme , or the like , the people , though they could not formally depose him , or through the corruption of the times could not get him deposed ; yet they might reject & disoune his ministry : so it will be granted , that a people have more power in creating a magistrate than in making a minister , and consequently they have more right and may have more light in disouning a king , as being unkinged ; than in disouning a minister , as being un-ministerd . it will be necessary therefore , for clearing our way , to fix upon some ordinary characters of a tyrant , which may discriminate him from a magistrate , and be ground of disouning him as such . i shall rehearse some , from very much approved authors ; the application of which will be as apposite to the tuo brothers , that we have been burthened with , as if they had intended a particular & exact description of them . buchanan de jure regni apud scotos shewes that the word tyran● was at first honourable , being attributed to them that had the full power in their hands , which power was not astricted by any bonds of lawes , nor obnoxious to the cognition of judges , and that it was the usual denomination of heroes , and thought at first so honourable that it was attribute to the gods : but as nero & iudas were sometimes among the romans & iewes names of greatest account , but afterwards by the faults of tuo men of these names , it came to pass that the most flagitious would not have these names given to their children ; so in process of time , rulers made this name so infamous by their wicked deeds , that all men abhorred it as contagious & pestilentious , and thought it a more light reproach to be called a hangman then a tyrant . thereafter he condiscends upon several characters of a tyrant . . he that doth not receive a government by the will of the people , but by force invadeth it , or intercepteth it by fraud , is a tyrant ; and who domineers even over the unwilling ( for rex volentibus tyrannus invitis imperat ) and procures the supreme rule without the peoples consent , even though for several years they may so govern , that the people shall not think it irksome . which very well aggrees with the present gentleman that rules over us , who , after he was by publick vote in parliament secluded from the government , of which the standing lawes of both kingdoms made him incapable for his murthers , adulteries , & idolatries , by force & fraud did intercept first an act for his succession in scotland , and then the actual succession in england , by blood & treacherie usurping & intruding himself into the government , without any compact with , or consent of the people ; though now he studies to make himself like another syracusan hiero , or the florentine cosinodo medices , in a mild moderation of his usurped power , but the west of england , and the west of scotland both , have felt the force of it . . tyrannus non civibus sed sibi gerit imperium , neque publicae utilitatis sed suae voluptatis rationem habet &c. he does not govern for the subjects well-fare or publick ultility but for himself , having no regard to that but to his oun lust ; acting in this like robbers , who cunningly disposing of what wickedly they have acquired , do seek the praise of justice by injury , & of liberality by robbery ; so he can make some shew of a civil mind , but so much the less assurance gives he of it , that it is manifest he intends not thereby the subjects good , but the greater security of his oun lusts , and stability of empire over posterity , having some what mitigated the peoples hatred , which when he hath done he will turn back again to his old manners , for the fruit which is to follow may easily be known both by the seed and by the sower thereof . an exact copy of this we have seen within these tuo years , as oft before in the rule of the other brother . after god hath been robbed of his prerogatives , the church of her priviledges , the state of its lawes , the subjects of their libertie & property , he is now affecting the praise & captating the applause of tenderness to conscience , and love of peace , by offering now liberty after all his cruelties ; wherein all the thinking part of men do discern he is prosecuting that hellish project , introducing popery & slaverie ; and overturning religion , law , & liberty . . regium imperium secundum naturam est , tyrannicum contra , regium liberi inter liberos est principatus , tyrannus domini in servas &c. tyranny is against nature , and a masterly principality over slaves . can he be called a father , who accounts his subjects slaves ? or a shepherd , who does not feed but devours his flock ? or a pilot , who doth allwise study to make shipwrack of the goods , and strikes a leak in the very ship where he sails ? what is he then that bears command , not for the peoples advantage , but studies only himself , who leadeth his subjects into manifest snares ? he shall not verily be accounted by me either commander . emperour , or governour ? king iames the th also , in a speech to the parliament anno . makes this one character of a tyrant , when he begins to invade his subjects rights & liberties . and if this be true , then we have not had a king these many years : the foregoing deduction will demonstrate , what a slavery we have been under . . quid qui non de virtute certet c●m bonis &c. what is he then , who doth not contend for vertue with the good , but to exceed the most flagitious in vices ? if yow see then any usurping the royal name , and not excelling in any virtue , but striving to exceed all in baseness , not tendering his subjects good with native affection , but pressing them with proud domination , esteeming the people committed to his trust not for their safegaurd but for his oun gain ; will yow imagine this man is truly a king , albeit he vapours with a numerous lieveguard , and makes an ostentation of gorgeous pomp ? the learned althusius likewise in his politicks cap. . num. . ( as he is cited by ius populi chap. . pag. . ) makes this one character of a tyrant , that liveing in luxury , whoredome , greed , & idleness , he neglecteth or is unfit for his office . how these suite our times we need not express ; what effrontry of impudence is it , for such monsters to pretend to rule by virtue of any authority derived from god , who pollute the world with their adulteries & incests , and live in open defyance of all the lawes of the universal king ; with whom to exceed in all villanies is the way to purchase the countenance of the court , and to aspire to preferment ? no heliogabulus &c. could ever come up the length in wickedness , that our rulers have professed . . omnium vim legum in se transferre &c. he can transfer unto himself the strength of all lawes , and abrogate them when he pleases . king iames the . in that fore-cited speech saith , a king degenerateth into a tyrant when he leaveth to rule by law. althusius also loc . cit . saith , there is one kind of tyranny which consisteth in violating , changing , or removing of fundamental lawes , specially such as concern religion ; such , saith he , philip the king of spain , who , contrare to the fundamental belgick lawes , did erect an administration of justice by force of armes ; and such was charles the th of france , that thought to overturn the salicque law. all that knoweth what hath been done in britain these years , can attest our lawes have been subverted , the reformation of religion overturned , and all our best lawes rescinded ; and now the penal statuts against papists disabled & stopped , without & against law. . ad suum eum unius nutum omnia &c. he can revoke all things to his nod at his pleasure . this is also one part of king iames the his character of a tyrant , when he sets upon arbitrary power . and of althusius loc . cit . when he makes use of an absolute power , and so breaks all bonds for the good of humane society . we allow a king an absolute power taken in a good sense , that is , he is not subaltern nor subordinate to any other prince ; but supreme in his oun dominions : or if by absolute be meant perfect , he is most absolute that governs best according to the word of god. but if it be to be legibus solutus , loosed from all lawes , we thinke it blasphemy to ascribe it to any creature . where was there ever such an arbitrary & absolute power arrogated by any mortal , as hath been claimed by our rulers these years past ? especially by the present usurper , who , in this liberty of conscience now granted to scotland , assumes to himself an absolute power which all are to obey without reserve , which carries the subjects slavery many stages beyond what ever the grand seigneur did attempt . . tyranno — ad cives opprumendos &c. for by a tyrant strangers are imployed to oppress the subjects ; they place the establishment of ther authority in the peoples weakness , and think that a kingdom is not a procuration concredited to them by god , but rather a prey fallen into their hands ; such are not joined to us by any civil bond , or any bond of humanity , but should be accounted the most capital enemies of god and of all men . king iames ub , supra sayes , he is a tyrant that imposes un lawful taxes , raises forces , makes war upon his subjects , to pillage , plnnder , wast , & spoil his kingdoms . althusins ubi supra makes a tyrant , who by immoderate exactions , and the like , exhausts the subjects , and cites scripture ier. . . . ezek. . king. . . psal. . . it is a famous saying of bracton , he is no longer king ; then dum bene regit , while he rules well , but a tyrant when-soever he oppresseth the people that are trusted to his care & government . and cicero sayes , amittitis omne exceritus & imperit jiu , qui eo imperio & exercit● rempublicans oppugnat . he loseth all legal power in & over an army or empire , who by that government & army does obstruct the wel-fare of that republick . what oppressions & exactions by armed force our nation hath been wasted with , in part is discovered above . . althusius in the place above quoted , makes this an other mark , when he keepeth not his faith & promise , but despiseth his very oath made unto the people . what shall we say of him then , who not only brake but burnt , and made it criminal to assert the obligation of the most solemnly transacted covenant with god and with the people , that ever was entered into , who yet upon these termes of keeping that covenant only was admitted to the government ? and what shall we say of his brother succeeding , who disdains all bonds , whose professed principle is , as a papist to keep no faith to hereticks ? . in the same place he makes this on character : a tyrants is he , who takes away from one or moe members of the common wealth the free exercise of the orthodox religion , and the grave author of the impartial inquiry into the administration of affairs in england , doeth assert pag. , . whensoever a prince becomes depraved to that degree of wickedness , as to apply & employ his power & interest , to debauch & withdraw his subjects from their fealty & obedience to god , or sets himself to extirpate that religion which the lord hath revealed & appointed to be the rule of our living & the means of our happiness , he doth ipso facto depose himself , and instead of being ouned any longer for a king , ought to be treated as a rebel & traiter against the supreme & universal soveraign . this is the perfect protracture of our princes ; the former of which , declared an open war against religion & all that professed it ; and the latter did begin to prosecute it with the same cruelty of persecution , and yet continues without relenting against us ; though to others he tolerates it under the notion of a crime , to be for the present dispensed with , until he accomplish his design . . ibid. he tells us , that for corrupting of youth he erecteth stage plages , whore-houses , & other play-houses , and suffers the colledges & other seminaries of learning to be corrupted . there was never more of this in any age , than in the conduct of our court , which like another sodom profess it to be their design to debauch mankind in to all villanies , and to poison the fountains of all learning & virtue , by intruding the basest of men into the place of teachers , both in church & university , and precluding all access to honest men . . further he sayes , he is a tyrant who doth not defend his subjects from injuries when he may , but suffereth them to be oppressed ( and what if he oppress them himself ? ) it was one of the lawes of edward the confessor , quod si rex desit officio , nomen regis in eo non constabit . if the king fail in the discharge of his trust & office , he no longer deserves nor ought to enjoy that name . what name do they deserve then , who not only fail in the duty of defending their subjects , but send out their lictors & bloody executioners to oppress them , neither will suffer them to defend themselves ! but althusius makes a distinct character of this . . then in fine , he must certainly be a tyrant , who will not suffer the people , by themselves nor by their representatives , to maintain their oun rights , neither by law nor force : for , sayeth my author forecited , he is a tyrant who hindereth the free suffrages of members of parliament , so that they dare not speak what they would ; and chiefly he who takes away from the people all power to resist his tyranny , as armes , strengths , & chief men , whom therefore though innocent he hateth , afflicteth , & persecuteth , exhausts their goods & livelyhoods , without right or reason . all know that our blades have been all alongs enemies to parliaments ; and when their interest forced to call them , what means were used always to pacque & prelimit them and over-aw them , and how men who have faithfully discharged their trust in them have been prosecuted with the hight of envy & fury , and many murthered thereupon ; and how all the armed force of the kingdoms have been inhanced into their hand , and the people kept so under foot , that they have been rendered incapable either to defend their oun from intestine usurpers , or forreign invaders . all that is said amounts to this , that when ever men in power do evert & subvert all the ends of government , and intrude themselves upon it , and abuse it , to the hurt of the common wealth , and the destruction of that for which government was appointed ; they are then tyrants , and cease to be magistrates . to this purpose i shall here append the words of that forecited ingenious author of the impartial enquirie pap. . . there can be nothing more evident from the light of reason as well as scripture , than that all magistracy is appointed for the benefite of mankind and the common good of societies : god never gave any one power to reign over others for their destruction ( unless by his providence where he had devoted a people for their sins to ruine ) but on whomsoever he confers authority over cities or nations , it is with this conditional proviso & limitation , that they are to promote their prosperity & good , and to study their defence & protection : all princes are thus far pactional — and whosoever refuseth to perform this fundamental condition , he degrades & deposes himself , nor is it rebellion in any to resist him ; whensoever princes ceases to be for the common good , they answer not the end they were instituted unto , and cease to be what they were chosen for . . it will not be denyed but when the case is so circumstantiate , that it would require the arbitration of judgment to determine whether the king be a tyrant or not , that then people are not to disoune him : for if it be a question , whether the people be really robbed of their rights & liberties , and that the king might pretend as much reason to complain of the people their doing indignity to his soveraignty , as they might of his tyranny ; then it were hard for them to assume so for the umpirage of their oun cause , as to make themselves absolute judges of it , and forth with to reject his authority upon these debateable grounds . but the case is not so with us : no place being left for doubt or debate , but that our fundamental rights & liberties civil & religious are overturned , and an absolute tyranny exactly characterized as above is established on the ruines thereof . hence we have not disouned the pretended authority , because we judged it was tyrannical , but because it was really so . our discretive judgment in the case was not our rule , but it was our understanding of the rule , by which only we could be regulated and not by the understanding of another , which cannot be better nor so good of our grievances , which certainly we may be supposed to understand best our selves , and yet they are such as are understood every where . to the question then , who shall be judge between these usurping & tyrannizing rulers & us ? we answer briefly & plainly , we do not usu●p a judgment in the case , pretending no more authority over them in our private capacity than we allow them to have over us , that is none at all ? nor can we admit that they should be both judges & party ; for then they might challenge that prerogative in every case , and strengthen themselves in an incontrollable immunity & impunity to do what they pleased . but we appeal to the fundamental lawes of the kingdom , aggreeable to the word of god , to judge , and to the whole world of impartial spectators to read & pronounce the judgment . l●x rex quest. . pag. . sayeth in answer to this : there is a court of necessity no less than a court of justice ; and the fundamental lawes must then speak , and it is with the people in this extremity as if they had no ruler . and as to the doubtsomness of these lawes he sayeth ( ) as the scriptures in all fundamentals are clear ▪ & expone themselves , & actu primo condemn heresies : so all lawes of men in their fundamentals , which are the law of nature & nations , are clear ( ) tyranny is more visible & intelligible than heresie , and it s soon discerned — the people have a natural throne of policy in their conscience , to give warning , & materially sentence against the king as a tyrant — where tyranny is more obscure ; and the thread smal that it escape the eye of man , the king keepeth possession , but i deny that tyranny can be obscure long . . i shall grant that many things are yeeldable even to a grassant dominator , & tyrannical occupant of the place of magistracy , as . there may be some cases , wherein its lawful for a people to yeeld subjection to a lawless tyrant , when groaning under his overpouring yoke , under which they must patiently bear the in●●●nation of the lord , because they have sinned against him , until he arise & plead his oun cause & execute judgment in the earth ( mic. . . ) until which time they must kiss the rod as in the hand of god , and oune & adore the holyness & soveraignty of that providence that hath subjected them under such a slavery ; and are not to attempt a violent ejection or excussion , when either the thing attempted is altogether impracticable , or the means & manner of effectuating it dubious & unwarrantable , or the necessary concomitants & consequents of the cure more hurtful or dangerous than the disease , or the like . as in many cases also a man may be subject to a robber prevailing against him : so we find the people of israel in egyt & babylon &c. yeelded subjection to tyrants . but in this case we deny two things to them ( ) allegiance or active & voluntary subjection , so as to oune them for magistrats ( ) stupid passive obedience , or suffering without resistence . for the first , we owe it only to magistrats , by virtue of the law either ordinative of god , or constitutive of man. and it is no argument to infer ; as a mans subjecting himself to a robber assaulting him , is no soild proof of his approving or acknowledging the injury & violence committed by the robber , therefore a persons yeelding subjection to a tyrant a publick robber does not argue his acknowledging or approving his tyranny & oppression . for , the subjection that a tyrant requires , and which a robber requires , is not of the same nature : the one is legal of subjects , which we cannot oune to a tyrant ; the other is forced of the subdued , which we must acknowledge to a robber . but to make the paralell ; if the robber should demand , in our subjecting our selves to him , an ouning of him to be no robber but an honest man , as the tyrant demands in our subjecting our selves to him in ouning him to be no tyrant but a magistrate , then we ought not to yeeld it to the one no more than to the other . for the second , to allow them passive obedience is in-intelligible non-sense , & a meer contradiction : for nothing that 's meerly passive can be obedience as relative to a law , nor can any obedience be meerly passive , for obedience is always active . but not only is the inaccuracy of the phrase excepted against , but also that position maintained by many , that in reference to a yoke of tyranny there is a time which may be called the proper season of suffering , that is , when suffering ( in opposition to acting or resisting ) is a necessary & indispensible duty , and resisting is a sin : for if the one be an indispensible duty , the other must be a sin at the same time : but this cannot be admitted . for , though certainly there is such a season of suffering , wherein suffering is lawful , laudable & necessary , and all must lay their account with suffering , and litle else can be attempted but which will encrease sufferings ; yet even then we may resist as well as we can : and these two , resistence & suffering at the same time , are not incompatible : david did bear most patiently the injury of his sons usurpation , when he said , let the lord do to me as seemeth him good sam. . . ch . . . and betaketh himself to fervent prayers psal. . and yet these were not all the weapons he used against him , neither did he ever oune him as a magistrate . we are to suffer all things patiently as the servants of the lord , and look to him for mercy & relief ( psal. . . ) but we are not obliged to suffer even in that season , as the slaves of men . again , suffering in opposition to resistence , does never fall under any moral law of god , execept in the absolutely extraordinary case of christs passive obedience , which cannot fall under our deliberation or imitation ; or in the case of a positive law , as was given to the iewes to submit to nebuchadnezzar , which was express & peculiar to them , as shall be cleared . that can never be commanded as indispensible duty , which does not fall under our free will or deliberation , but the enemies will as the lord permits them , as the case of suffering is . that can never be indispensible duty which we may decline without sin , as we may do suffering if we have not a call to it ; yea in that case it were sin to suffer , therefore in no case it can be formally indispensibly commanded , so as we may not shift it if we can without sin . suffering simply the evil of punishment , just or unjust , can never be a conformity to gods preceptive will but only to his providential disposal , it hath not voluntas signi for its rule , but only voluntas beneplaciti . all the commands that we have for suffering , are either to direct the manner of it , that it be patiently & chearfully , when forced to it wrongfully pet. . , . or comparatively to determine our choise in an unavoidable alternative , either to suffer or sin : and so we are commanded rather to suffer than to deny christ , math. . . and we are commanded upon these termes to follow christ to take up his cross , when he layes it on in his providence math. . . see at length this cleared lex rex q. . pag. - . otherwise in no case subjection even passive can be a duty ; for it is allwise to be considered under the notion of a plague , judgment , & curse to be complained of as a burden , never to be ouned as a duty to magistrats . as we find the lords , people resenting it as a servitude , under which they were servants even in their oun land , which did yeeld increase unto the kings whom the lord had set over them because of their sins , neh. . . . . in diverse cases there may be some complyance with a meer occupant , that hath no right to reign ; as upon this account the noble marquis of argyle and lord waristoun suffered for their complyance with the usurper cromuel . such may be the warrantableness , or goodness , or necessity , or profitableness of a complyance , when people are by providence brought under a yoke which they cannot shake off , that they may part with some of their priviledges for the avoidance of the loss of the rest , and for the conveniency & profit , peace & safety of themselves and their countrey , which would be in hazard if they did not comply ; they may do whatsoever is due from them to the publick weal , what soever is an office of their station or place , or which they have any other way a call unto , whatsoever may make for their oun honest interest , without wronging others or the countries liberties in their transactions with these powers , even though such a complyance may be occasionally to the advantage of the usurpers : seeing good & necessary actions are not to be declined for the ill effects that are accidental to them , and arise from the use which others make of them . but though this may be yeelded in some cases to such usurpers , especially conquerers , that have no right of occupying the empire , but are capable of it by derivation from the peoples consent : yet it must not be extended to such usurpers as are also tyrants , that have no right of their oun , nor are capable of any , and that overturn all rights of subjects . to such we can yeeld no complyance , as may infer either transacting with them , or ouning them as magistrates . we find indeed the saints enjoyed places under these , who were not their magistrates ; as nehemiah , & mordecai , and esther was queen to ahaswerus . but here was no complyance with tyrants ( for these heathens were not such ) only some of them were extraordinary persons , raised up by an extraordinary spirit , for extraordinary ends , in extraordinary times , that cannot be brought to an ordinary rule , as esthers mariage ; and all of them in their places kept the law of their god , served the work of their generation , defiled not themselves with their customes , acted against no good , and engaged to no evil , but by their complyance promoted the wellfare of their countrey , as argyle & waristoun did under cromuel . again , we find they payed custom to them , as neh. . . . and we read of augustus his taxation universally complyed with luk. . - . and christ payd it . this shall be more fully answered afterwards . here i shall only say ( ) it can never be proven that these were tyrants . ( ) christ paid it with such a caution , as leaves the title unstated ; not for conscience ( as tribute must be paid to magistrats rom. . , . ) but only that he might not offend them ( ) any other instances of the saints taxations are to be judged forced acts , badges of their bondage , which if they had been exacted as tests of their allegiance , they would not have yeelded . strangers also , that are not subjects , use to pay custom in their trafficquing , but not as tests of their allegiance . . there may be also in some cases obedience allowed to their lawful commands , because of the lawfulness of the thing commanded , or the coincidency of another just & obliging authority commanding the same . we may do many things tyranno iubente which he commands , and tyranno premente which he enforces , and many things also ipso sou volente seu nolente whether he will or not but we must do nothing tyranni jussu upon the consideration of his command , in the acknowledgment of obedience due by virtue of allegiance , which we oune of conscience to a lawful magistrate . we must do nothing which may seem to have an accessoriness to the tyrants unlawful occupancy , or which depends only on the warrant of his authority to do it , or may entrench on the divine institution of magistracy , or bring us into a participation of the usurpers sin . in these cases we can neither yeeld obedience in lawful things , nor in unlawful : nor can we oune absolute subjection , no more then we can oune absolute obedience ; for all subjection is enjoined in order to obedience : and to plead for a priviledge in point of obedience , and to disclaim it in point of subjection , is only the flattery of such , as having renounced with conscience all distinction of obedience , would divest others of all priviledges , that they may exercise their tyranny without controll . napthali pag. . prior edit . . there may be addresses made , to such as are not rightful possessors of the government , for justice , or mercy , or redress of some intollerable grievances , without scruple of accepting that which is materially justice or mercy , or seeking them at the hand of any who may reach them out to us , though he that conveyes them to us be not interested in the umpirage of them . thus we find ieremiah supplicated zedekiah for mercy , not to return to prison : and paul appealed to cesar for justice . but in these addresses , we may not acknowledge the wicked lawes that brought on these grivances , nor conceal the wickedness no more than the miserie of them which we have endured , nor may we oune the legal power of them that we address to take them off , nor signify any thing , in the matter or manner of our representations , that may either import a declining our testimony for which we have suffered these grievances , or a contradiction to our declinature of their pretended authority : only we may remonstrate what cruelties we have endured , and how terrible it will be to them to be guilty of , or accessory to our blood in not pitying us ; which was all that ieremiah did . and as for pauls appeal , we find he was threatened to be murdered by his countrey-men act. . . from whose hands he was rescued , & brought before the judicatory of festus the roman deputy , not voluntarely ; thence also they sought to remand him to ierusalem , that they might kill him act. . . whereupon he demands in justice that he might not be delivered to his accusers & murderers , but claims the benefite of the heathens oun law , by that appeal to cesar. which was the only constrained expedient of saving his oun life act. . . by which also he got an opportunity to witness for christ at rome . but as shall be cleared further afterwards ; cesar was not an usurper over iudea : which not obscurely is insinuated by paul himself , who asserts , that both his person , & his cause criminal of which he was accused ( it was not an ecclesiastical cause , & so no advantage hence for the supremacy ) appertained to cesars tribunal , and that not only in fact but of right act. . . i stand at cesars judgment seat where i ought to be judged . we cannot say this of any tribunal , senced in the name of them that tyrannize over us . . i will not stand neither upon the names & titles of kings &c. to be given to tyrants & usurpers , in speaking to them or of them , by way of appellation or compellation : for we find even tyrants are called by these names in scripture , being kings de fact● though not dejure , and indeed not impertinently kings & tyrants for the most part are reciprocal termes . but in no case can we give them any names or titles , which may signify our love to them whom the lord hates or 〈◊〉 hate the lord chron. . . or which may flatter them , which elihu durst not give , for fear his maker should take him away iob. . . or which may be taken for honouring of them , for that is not due to the vile● of men when exalted never so high psal. . ult : a vile person must be contemned in our eyes psal. . . nor which may any way import or infer an ouning of a magistratical relation between them & us , or any covenant transaction or confederacy with them , which in no termes with them as such we will say or oune isa. . . hence many sufferers upon this head so bear to give them their titles . . it will be yeelded very readily by us , that a magistrate is not to be disouned meerly for his differing in religion from us , yea though he were a heathen . we do not disoune our pretended rulers meerly upon that account , but chearfully do grant & subscribe to that truth , in our confession of faith chap. . § . that infidelity or difference in religion , doth not make void the magistrates just & legal authority , nor free the people from their due obedience to him : on which our adversaries have insulted , as if our principles & practices were therby disproved . but it is easy to answer . let the words be considered ; and we are confident , that no sober man will think , the acknowledgment of just & legal authority & due obedience , a rational ground to infer , that tyranny is thereby either allowed or priviledged , napth . pag. . prior edition . . though infidelity or difference of religion does not make void authority where it is lawfully invested ; yet it may incapacitate a person , and lawfully seclude him from authority , both by the word of god , which expressly forbids to set a stranger over us who is not our brother deut. . . which includes as well a stranger of a strange religion as one of a strange countrey , and by the lawes of the land , which do incapitate a papist of all authority , supreme or subordinate . and so if this iames the / had been king before he was a roman catholick , if we had no more to object , we should not have quarrelled his succession . . we both give & grant all that is in the confession , viz. dominium non fundari in gratia , that dominion is not founded on grace . yet this remains evident , that a prince who not only is of another religion , but an avowed enemy to & overturner of the religion established by law , and intending & endeavouring to introduce a false , heretical , blasphemous , & idolatrous religion , can claim no just & legal authority , but in this case the people may very lawfully decline his pretended authority ; nay they are betrayers of their countrey & posterity , if they give not a timeous & effectual check to his usurpings , and make him sensible that he hath no such authority . can we imagine , that men in the whole of that blessed work so remarkably led of god , being convocate by a parliament of the wisest & worthyest men that ever was in england , whom they did encourage , by writing , & preaching , & every way to stand fast in their opposition to the then king displaying a banner for his prerogative ( a court dream ) against religion & liberty ; should be so far left , as to drop that as a principle & part of our religion , which would sacrifice religion it self to the lust of a raging tyrant ? must we beleeve , that a religion-destroying tyrant is a righteous ruler ? and must we onne him to be a nursing father to the church ? shall we conclude that the common bounds & limits , whereby the almighty hath bounded & limited mankind , are removed by an article of our confession of faith , which hereby is turned into a court creed ? then welcome hobs de cive , with all the rest of pluto's train , who would bable us into a belief , that the world is to be governed according to the pleasure of wicked tyrants . i would fain hope at length the world would be awakened out of such ridiculous dreams , & be ashamed any more to oune such fooleries . and it may be , our two royal brothers have contributed more to cure men of this moral madness , than any who went before them . and this is the only advantage , i know , that the nations hath reaped by their reign . . though we deny that conquest can give a just title to a croun ; yet we grant in some cases , though in the begining it was unjust yet by the peoples after consent it may be turned into a just title . it is undenyable , when there is just ground of the war ; if a prince subdue a whole land , who have justly forfeited their liberties , when by his grace he preserves them , he may make use of their right now forefeited , and they may resign their liberty to the conqueror , and consent that he be their king upon fair & legal & not tyrannical conditions . and even when the war is not just , but successful on the invading conquerours side , this may be an inducement to the conquered , if they be indeed free and uningaged to any other , to a submission , dedition , & delivery up of themselves to be the subjects of the victor , and to take him for their soveraign : as it is like the case was with the jewes in cesars time , whose government was translated by dedition to the roman power ; in the translation when a doing there was a fault , but after it was done it ceased ; though the begining was wrong , there was a post-fact which made it right , and could not be dissolved without an unjust disturbance of publick order . whence , besides what is said above , in answer to that much insisted instance of christs paying tribute , and commanding it to be paid to cesar , the difficulty of that instance may be clearly solved . that tribute which he paid , math. . . &c. and that about the payment whereof he was questioned math. . . seem to be two different tributes . many think very probably they were not one & the same tribute . it s a question , for whom & by whom that of math. . was gathered ; it s most likely it was gathered by the officers of the temple for its service : however the payment was made with such caution ( tacitely declining the strict right to exact it from him , but to avoid offence , in an act in it self unobliging ) that their claim is left as much in the dark , as if the question had never been moved . the other math. . was exacted for cesar : but to that captious question our lord returns such an answer , as might both solve it , and evade the snare of the proponders , giving a general rule of giving to god & to cesar each their oun , without defining which of them had the right to the payment in question ; whether cesar should have it , or whether it should be payed only for the temples use : upon which they marvelled ; which they needed not do , if they had understood in his words an express & positive declaration of an obligation to make that payment to cesar ; for then they would have obtained one of their ends , in making him odious to the people , who were not satisfied with the payment of it . but however , the knot is loosed by considering , that they were now lawfully subject to the roman emperours as their governours , to whom they were obliged ( i do not say christ was ) to pay tribute . for they had yeelded themselves unto & ouned the roman dominion , in pompey , cesar augustus , & tiberius , ere this question about tribute paying was proposed to our saviour , and therfore they who stuck at the payment of it were a seditious party dissenting from the body of the nation : else it is not supposable readily , that their dominion in iudea could have been exercised long without some consent , sufficient to legitimate it to the present rulers , and this is the more likely , if we consider the confession of the iewes themselves , disavowing the power of capital punishment ; it is not lawful for us to put any man to death , and ouning cesar as their king , with an exclusive a brenounciation of all other , we have no king but cesar : as paul also acknowleeges he ought to be judged at cesars bar , in his appeal to cesar. it is also acknowledged by very good authors , that this was the tribute which iudas the galilean stood up to free the people from , and that the sedition of those iewes that folowed him mentioned act. . . who mutinied upon this occasion , was according to gamaliels speech disallowed by that sanhedrin or council of the iewes . and it may be gathered out of iosephus , that the iewes of hircanus his party came under the roman power by consent & dedition ; while they of aristobalus his party looked upon the romans as usurpers . which difference continued till our saviours time , when some part of them acknowledged the cesarean authority , some part looked upon it as an usurpation , and of this generally were the pharisees . to confirm this , calvins testimony may be adduced , upon math. . who sayeth , the authority of the roman emperours was by common use approved and received among the iewes , whence it was manifest that the iewes had now of their oun accord imposed on themselves a law of paying the tribute , because they had passed over to the romans the power of the sword . and chamiers panstrat tom. . lib. . cap. . pag. . what then ? if cesars authority were from bad beginings , did therefore christ untruly say it was from above ? can no power at first unjust , afterward become just ? if that were so , then either none , or very few king●oms would be just . . as tyranny is a destructive plague to all the interests of men & christians ; so anarchy , the usual product of it , is no less pernicious , bringing a community into a paroxysme as deadly & dangerous . we must oune government to be absolutely necessary , for the constitution & conservation of all societies . i shall not enter into a disquisition , let be determination , of the species or kind of magistracy , whether monarchy , aristocracy , or democracy , be preferable . my dispute at present is not levelled against monarchy , but the present monarch : not against the institution of the species ( though i beleeve , except we betake our selves to the divine allowance & permission ; we shal be as pusled to find out the divine original of it , as cosmographers are in their search of the spring of nilus or theologues of the father of melchizedeck ) but the constitution of this individual monarchy established among us ; which in its root & branch , spring & streams , in its original , nature , ends , & effects , is diametrically opposite to religion & liberty ; and because its contagion , universally perverting & corrupting all the ends & orders of magistracy , doth affect & infect all the subordinate officers , deriving their power from such a filthy fountain ; we must also substract & deny their demanded ackowledgments , as any way due , so long as they serve the pride & projects of such a wicked power : and do not reckon our selves obliged by covenant , or any otherways ( though in the third article of the solemn league , we are bound to preserve the rights & priviledges of our parliaments , & consequently the honour & deference that 's due to our peers , or other parliament men , acting according to the trust committed to them , but not when they turn traitors ingaged in a conspiracy with the tyrant ) to oune or defend a soul-less shadow of a court cabal , made up of persons who have sold themselves to work wickedness , in conspiring with this throne of iniquity against the lord , which is all we have for a parliament , whom we can in no ways oune as our representatives , but must look upon them as perjured & perfidious traitors to god & their countrey , which they have betrayed into the hands of a tyrant ; and therefore divested of that power & authority , which they had of the people as their representatives , which now is returned to the fountain . and therefore we must act as we can against them , and also what is necessary for securing of our selves , religion & liberty , without them . we would think nobles , ennobled with virtue , a great mercy & encouragment . and if they would concur in the testimony for religion & liberty , we would be glad that they should lead the van and prove themselves to be powers appointed by god , in acting for him & his interest . but for the want of their conduct , we must not surcease from that duty that they abandon , nor think that the concurrence of peers is so necessary to legitimate our actions , as that without that formality our resolutions to maintain the truth of god on all hazards , in a private capacity , were unlawful in the court of god & nature : but on the contrare must judge , that their relinquishing or opposing their duty , which before god they are obliged to maintain , preserve , & promove , is so far from loosing our obligation , or eximing us from our duty , that is should rather press us to prosecute it with the more vigour , without suspending it upon their precedency . for now they can pretend to no precedency , when they do not answer the end of their erection , and do not seek the publick good but their oun private advantage , they cease to be the ministers of god & of the people , and become private persons . and reason will conclude , that when the ephori or trustees betray their trust , and sell or basely give away the liberties & priviledges of the people , which they were entrusted with , the people cannot be brought into a remediless condition ; if a tutor waste & destroy the pupills estate , the law provides a remedy for the pupil ius popu . vind . cap. . pag. . . the remedy in this case can only be , as every one must move in his oun sphere , while all concur in the same duty ; so if any in higher place become not only remiss , but according to the influence of their power would seduce others into their apostasie , it is their duty to resist & endeavour their reformation or removal : and if these more eminently entrusted shall turn directly apostates , & obstructive & destructive to common inte●●●● , the people of an inferior degree may step forward to occupy the places , & assert the interests , which they forefault & desert . neither is this a breach of good order ; for ordor is only a mean subordinate to , & intended for the glory of god & the peoples good , and the regulation thereof must only be admitted as it is conducible & not repugnant to these ends . a generals command to his souldiers in battel , does not impede the necessity of succession , in case of vacancy of any charge , either through death or desertion , even of such as in quality may be far inferior to those whose places they step into , naph . pag. . prior edition . i do not assert this for private peoples aspiring into the capacity of primores or peers ; but that they may do that which the peers desert , and dare not or will not do , if the lord put them in a capacity to do it . and more plainly i assert , that if the peers of the land , whose duty it is principally to restrain & repress tyranny , either connive at it or concur with it , and so abandon or betray their trust , then the common people may do it ; at least are obliged to renounce , reject , & disoune allegiance to the tyrant , without the peers . for which i offer these reasons . because all men have as much freedom & liberty by nature as peers have , being no more slaves than they ; because slavery is a penal evil contrare to nature , and a miserie consequent of sin , and every man created according to gods image is res sacr● a sacred thing ; and also no more subjects to kings &c. than they ; freedom being natural to all , ( except freedom from subjection to parents , which is a moral duty & most kindly & natural , and subjection of the wife to the husband &c. ) but otherwise as to civil & politick subjection , man by nature is born as free as beasts ; no lyon is born king of lyons , nor no man born king of men , nor lord of men , nor representative of men , nor rulers of men , either supreme or subordinate ; because none by nature can have those things that essentially constitute rulers , the calling of god , nor gifts and qualifications for it , nor the election of the people . . the original of all that power , that the 〈◊〉 or representatives can claim , is from the people , not from themselves ; from whence derived they their being representatives , but from the peoples commission or compact ? when at the first constit●tion of parliaments or publick conventions for affairs of state , necessity put the people , who could not so conveniently meet all , to confer that honour & burden upon the best qualified , & who had chief interest , by delegation . hence if the people give such a power , they may wave it when perverted , and act without their oun impowered servants . . the peoples power , is greater than the power of any delegated or constituted by them ; the cause is more than the effect ; parliament-men do represent the people , the people do no not represent the parliament : they are as tutors & curators unto the people , and in effect their servants deputed to oversee their publick affairs , therefore if their power be less the people can act without them . . it were irrational to imagine , the people committing the administration of their weighty affairs unto them , did denude themselves of all their radical power ; or that they can devolve upon them , or they obtain , any other power but what is for the good & advantage of the people ; therefore they have power to act without them , in things which they never resigned to them : for they cannot be deprived of that natural aptitude , & natures birth right , given to them by god & nature , to provide the most efficacious & prevalent means for the preservation of their rights & liberties . . as the people have had power before they made peers , and have done much without them ; so these primores could never do without them , therefore in acts of common interest , the peers depend more upon the people than the people does upon them . . all these primeve rights , that gave rise to societies , are equal to both people & peers , whereof the liberty to repress & reject tyranny is a chief one . the people as well as peers have a hard in making the king , and other judges also , as is clear from deut. . . iudg. . . sam. . . king. . . therefore they may unmake them as well as they . to seek to preserve the ends of government , when they are over-turned , is essentially requisite to all societies , and therefore common & competent to all constituents of these societies , superiours or inferiours . the glory of god & security of religion , the end of all christian government , doth concern all equally . as every one equally is bound to obey god rather than man , so violence in this case , destroyes both the commonwealth , & maketh the end & the means of government , and the injured persons obligation thereto to cease , and this equally to every man of private or publick capacity . in the concern of religion at least , we must not think , because we are not nobles or in authority , that the care of it or reformation thereof does nothing pertain to us ; nay in that , and carrying on the work thereof , there is an equality ; as in the erection of the old testament tabernacle , all the people were to contribute a like , half a shekel exod. . that it might be for a rememberance before the lord. hence it followes , if we disoune the supreme ruler , and the inferior confederate with him , and cannot have the concurrence of others ; now through the manifest & notorious perversion of the great ends of societie & government , the bond thereof being dissolved , we liberated there-from , do relapse into our primeve liberty & priviledge , and accordingly as the similitude of our case & exigence of our cause doth require , may upon the very same principles again joine & associate , for our better defence & preservation , as we did at first enter into societies naph . p. . yet , whatever we may do in this case ; we are not for presumptuous assumptions of authority , which maleversers have forefaulted : neither are we for new erections of government , but are for keeping the societie of which we are members intire , in an endeavour to have all our fellow members united unto god & to one another , in religion & liberty , according to the bond of the solemn league & covenant . certain it is that greater societies under one government , may in some cases make a secession , & divide into lesser without sedition : or else , how would there be now so many distinct common-wealths in the world ? seeing at first all was under one head : and how comes it to pass , that there are so many kingdoms in europe , when it can be instanced when all , or the most part , were under on roman emperour ? but this in our circumstance is no way expedient , neither was it ever in projection . but our aim is to abstract our selves inoffensively , and maintain our rights that remain unrobbed , and to adhere clossly to the fundamental constitutions , lawes , & laudable practices of our native kingdome . . we oune the obligation of our sacred covenants , unrepealably & indispensibly binding to all the duties of christian subjection to magistrates . but we deny , that hereby we are bound either to maintain monarchy , especially thus perverted ; nor to oune the authority of either of the two monarchs that have monarchized or tyrannized over us these years past . for as to the first we assert , that that which is in its oun nature mutable , cannot be simply sworn unto to be maintained & preserved , but hypothetically it most , else it were simply sinful ; since it were to make things , in their oun nature and in the providence of god changable , unchangable ; yea it were a doun right swearing not to comply with , but to spurn against , the various vicisitudes of divine providence , the great rector of the universe . and it is unquestionable , that when things alterable & unalterable are put in the same oath , to make the engagment lawful the things must be understood , as they are in their oun nature and no otherwise : else both the imposer & the taker grievously transgress ; the former , in taking upon him what is in the power of no morta , and a contradicton to the prerogative of the immorta god ; and the other , in ouning that power as just . hence when these two fall to be in the same oath , they must be so understood as it may not be made a snare to the conscience of the sweaer . for it may fall so out in the providence of god , that the preservation of both is in all respects made impossible : and an adhesion to the one , may so far interfere with the preservation of the other , as if the mutable and that which hath no objective obligation be stuck to , the other , which with the loss of all interests we are to maintain , must be abandoned ; yea , that which was sworn to be maintained as a mean only , & a mutable one too , may not only cease to be a mean , but may actually destroy the main end , and then it is to be laid aside , because then it inverts the order of things . hence also it may be questioned , if it were not more convenient , to leave out those things that are alterable in themselves , out of the same oath with things unalterable , and put them in a distinct oaths or covenant by themselves ; as we see iehojadah did king. . . he made a covenant between the lord and the king & the people , that they should be the lords people ; between the king also & the people . here are two distinct covenants ; the one made with god , about things eternally obligatory , wherein king & people engage themselves upon level ground , to serve the lord , and joash the king his treacherous dealing with god in that matter brought the curse of that covenant upon him : the other covenant was civil , about things alterable , relating to points of government & subjection . and as he , by virtue of that prior covenant , had obliged himself , under the pain of the curse thereof , to carry as one covenanted to god with the people , and so not to tyrannize over his brethren : so the people , by virtue of that same covenant , were to yeeld obedience , but in nothing to acknowledge him as having power or authority to countermand gods command ; neither had it been an act of disloyaltie , to have broken doun his groves , which he had with the addition of the guilt of perjurie set up , and to have bound his ungrateful hands from the blood of the gracious zechariah : a perfect parallel to our case under the former dominator , save that it was out-done as to all dimensions of wickedness by him . to speak more plainly , the religious part of our covenant is of an eternal obligation : but as to the civil part , it is impossible it can ever be so , unless it be well & cautiously understood , that is , unless instead of any species of government , as monarchy , &c. we put in magistracy it self . for this is that power which is of god : but monarchy &c. is only a humane creature , about the creation whereof men take a liberty , according to what suits them best in their present circumstances . and as to this species of monarchy ; men are never left at liberty ▪ to cloath therewith any inept or impious person . and they are perfectly loosed from it . . when that species of government becomes opposite to the ends of government , and is turned tyranny , especially when a legal establishment is pretended ; then it affects with its contagion the very species it self : the house is to be pulled doun , when the leprosie is got into the walls & foundation . . when as it is exercised , it is turned inept for answering the end of its erection , and prejudicial to the main thing for which government is given , to wit , the gospel and the coming of christs kingdom : hence it is promised to the church , isai. . . kings shall be nursing fathers to the church — and isai. . . it is promised to the me●iator , that kings shall shute their mouths — i. e. never a word in their head , but out of reverence & respect to his absolute soveraignty , they shall take the law from him , without daring to contradict , far less to take upon them to prescribe in the house of god , as they in their wisdom think fit . . when providence , without any sinful hand , makes that species impossible to be kept up , without the ruine of that for which it was erected : when things come to this push & pinch , whosoever are cloathed with the power are then under an obligation to comply with that alteration of providence , for the safety of the people ; else they declare themselves unworthy of rule , and such who would sacrifice the interest of the people to their particular interest ; in which case the people may make their publick servant sensible , he is at his highest elevation but a servant . hence , now when this species named in the covenant , viz , monarchy , is by law so vitiate , as it is become the mean & instrument of the destruction of all the ends of that covenant , and now by law transmitted to all successors as a hereditary , pure , perfect , & perpetual opposition to the coming of christs kingdom ; so that as long as there is one to wear that croun ( but iehavah will in righteousness execute coniahs doom upon the race ier. . ult . write this man childless — ) and enter heir to the government as now established , he must be an enemy to christ ; there is no other way left , but to think on a new modell moulded according the true pattern . as to the second , we are far less obliged to oune & acknowledge the interest of any of the two monarchs , that we have been mourning under these many years , from these sacred covenants . for as to the first of them , charles the . those considerations did cassate his interest , as to any covenant obligation to oune him . . in these covenants we are not sworn absolutely to maintain the kings person & authority , but only conditionally , in the preservation & defence of religion & liberties . now when this condition was not performed , but on the contrare professedly resolved never to be fulfilled ; and when he laid out himself to the full of his power & authority , for the destuction of that reformed religion & liberties of the kingdom ; which he solemnly swore to defend when he received the croun , only in the termes that he should be a loyal subject to christ , and a true & faithful servant to the people , in order to which a magistrate is chosen , and all his worth , excellency , & valuableness consists in his answering that purpose ; for the excellency of a mean , as such , is to be measured from the end , and its answerableness thereunto : we were not then obliged , to maintain such an enemy to these precious interests . . because , as the people were bound to him , so he was bound to them by the same covenant , being only on these termes entrusted with the government : all which conditions he perfidiously broke , whereupon only , his authority & our allegiance were founded ; and thereby we were loosed , from all reciprocal obligation to him by virtue of that covenant . . though he and we stood equally engaged to the duties of that covenant , only with this difference , that the kings capacity being greater , he was the more obliged to have laid out that power , in causing all to stand to their covenant engagments , as iosiah did chron. . , , . ( but alas there was never a iosiah in the race ) yet he rose up to the hight of rebellion against god and the people , in heaven-daring insolency , and not only brake but burnt that covenant , and made lawes to case & rescind it , and made a not-concurring in this conspiracy a note of incapacity for any trust , in church or state. therefore to plead for an ouning of him in this case , were only concludent of this , that the generation had dreamed themselves into such a distraction , as may be feared will be pursued with destruction , and make such dreamers the detestation of posterity , and cause all men proclaim the righteousness of god , in bringing ruine upon them by that very power & authority they ouned in such circumstances . . it is a known maxime , qui non implet conditionem a se promissam cadit beneficio ; & qui remittit obligationem non potest exigere . he that does not fulfill the conditions falls from the benefit of it , and whoso remitts the obligation of the party obliged upon condition , cannot exact it afterwards . so then it is evident that the subjects of scotland , were by king charles the de his consent , yea express command , disengaged from so much of that covenant as could be alledged in favors of himself : so that all that he did , by burning & rescinding these covenants , and pursuing all who endeavoured to ad●ere to them , was a most explicite liberating his subjects from , & remission of their allegiance to him ( and in this we had been fools , if we had not taken him at his word ) yea he rescinded his very coronation , by an act of his first parliament after his return , which did declare null & void all acts , constitutions , & establishments , from the year to that present session , not excepting those for his oun coronation , after which he was never recrouned , and therefore we could not oune that right , which himself did annul . but as for his royal brother , iames the / we cannot indeed make use of the same reasons & arguments , to disoune him , as we have now adduced ▪ yet , as we shall prove afterwards , this covenant does oblige to renounce him . so it is so clear , that it needs no illustration , that there lies no obligation from the covenant to oune him : and also that for this cause we are obliged not to oune him . . because as he is an enemy to the whole of our covenant , and especially to these terms upon which authority is to be ouned therein : so he will not come under the bond of this covenant , nor any other compact with the people , but intrude himself upon the throne , ●n such a way as overturns the basis of our government , and destroyes all the liberties of a free people , which by covenant we are bound to preserve , and consequently as inconsistent therewith , to renounce his usurpation . for , a prince that will set himself up without any transactions with the people , or conditions giving security for religion & liberty , is an usurping tyrant , not bounded by any law but his oun lusts . and to say to such an one , reign thow over us , is all one as to say , come thow and play the tyrant over us , and let thy lust & will be a law to us : which is both against scripture & natural-sense . if he be not a king upon covenant termes , either expressly or tacitely , or general stipulations according to the word of god & lawes of the land , he cannot be ouned as a father , protector , or tutor , having any fiduciary power entrusted to him over the commonwealth , but as a lawless & absolute dominator , assuming to himself a power to rule or rage as he lists : whom to oune were against our covenants ; for there we are sworn to maintain his maj. just & lawful authority , and by consequence not to oune usurpation & tyranny , stated in opposition to religion & liberty , which there also we are engaged to maintain . sure , this cannot be lawful authority which is of god , for god giveth no power against himself ; nor can it be of the people , who had never power granted them of god to create one over them , with a liberty to destroy them , their religion & liberty , at his pleasure . . as he is not nor will not be our covenanted & sworn king ( and therefore we cannot be his covenanted & sworn subjects ) so he is not nor can not be our crouned king , and therefore we must not be his liege subjects , ouning fealty & obedience to him . for according to the national covenant ; as all lieges are to maintain the kings authority , consistent with the subjects liberties ; which if they be innovated or prejudged , such confusion would ensue , as this realme could be no more a free monarchy — so for the preservation of true religion , lawes , & liberties of this kingdom , it is statute by the act. parl. , repeated in the act. parl. . ratified in the . act. parl. . and act. parl. . of king iames . and act of k. charles . that all kings & princes ● at their coronation & reception of their princely , authority , shall make their faithful promise by their solemn oath , in the presence of the eternal god ; that enduring the whole time of their lives , they shall serve the same eternal god , to the utter-most of their power , according as he hath required in his most holy word , contained in the old & new testaments , and according to the same word , shall maintain the true religion of christ jesus , the preaching of his holy word , the due & right ministration of the sacraments , now received & preached within this realme ( according to the confession of faith immediatly preceding ) and shall abolish & gainstand all false religion , contrary to the same ; and shall rule the people committed to their charge , according to the will & command of god , revealed in his fore-said word , and according to the laudable lawes & constitutions received in this realme , no wayes repugnant to the said will of the eternal god ; and shal procure , to the uttermost of their power , to the kirk of god & whole christian people , true & perfect peace in all time coming ; and that they shall be careful to root out of their empire all hereticks & enemies to the true worship of god , who shall be convicted by the true kirk of god of the foresaid crimes . now this coronation oath he hath not taken , he will not , he cannot take ; and therefore cannot be our crouned king according to law. as there be also many other lawes incapacitating his admission to the croun , being a professed papist , and no law for it at all , but one of his oun making by a pacqued cabal of his oun complices , a parliament , wherein himself presided as commissioner , enacting matterially his succession , and rescinding all these ancient lawes : which act of succession ( which is all the legal right he can pretend to in scotland ) because it cannot be justified , therefore his right cannot be ouned , which is founded upon the subversion of our ancient lawes . but as he cannot be our legally crouned king , so he is not so much as formally crouned . and therfore before his inauguration , whatever right to be king ( whom the representatives may admit to the government ) he may pretend to , by hereditary succession ; yet he cannot formally bemade king , till the people make a compact with him , upon termes for the safety of their dearest & nearst liberties , even though he were not disabled by law. he might , as they say , pretend to some jus ad rem , but he could have no jus in re . the kings of scotland , while uncrouned , can exerce no royal government ; for the coronation in concret , according to the substance of the act , is no ceremonie ( as they , who make conscience it self but a ceremony , call it ) nor an accidental ingredient in the constitution of a king , but as it is distinctive , so it is constitutive : it distinguished saul from all israel , and made him from no king to be a king , it is dative & not only declarative ; it puts some honour upon him that he had not before . . though the lawes should not strike against his coronation , and though the representatives legally should take the same measures with him that they took with his brother , and admit him upon the termes of the covenant ; yet after such doleful experiences of such transactions with these sons of belial , who must not be taken with hands , nor by the hand , it were hard to trust , or entrust them with the government , even though they should make the fairest professions : since they whose principle is to keep no faith to hereticks ( as they call us ) and who will be as absolute in their promises as they are in their power , have deservedly forefeited all credit & trust with honest men ; so that none could rationally refer the determination of a half croun reckoning to any of them , far less oune them & their government in the managment of the weightiest affairs of state , since their male-versations are written in such bloody characters , as he that runs may read them . at least it were wisdom , & is our duty , to take our measures from the general assemblies procedure with the other brother , before his admission to the government , to suspend our allegiance to him until authority be legally devolved upon him , and founded upon & bounded by termes giving all security for religion & liberty . . as i said before ; wary prudence , in waving such an impertinent & ticklish question , cannot be condemned : since what ever he may be in conscience , no man in law can be obliged , so far to surrender the common priviledge of all mankind , to give an account of all his inward thoughts , which are alwise said to be free . and as in nothing they are more various , so in nothing they can be more violented , than to have our opinion & sentiments of the current government extorted from us ; a declining of which declaration of thoughts , where no overt act in project or practice can be proven against it , cannot be treason in any law in the world : so a cautelous answer , in such a ticklish & entrapping imposition , cannot be censured in point of lawfullnesse of expediency , even though much be concedded , to stop the mouths of these bloody butchers , gaping greedily after the blood of the answerer ; if he do not really oune , but give them to understand he cannot approve of , this tyranny . but as these poor faithful witnesses , who were helped to be most free , have alwise been honoured with the most signal countenance of the lord in a happy issue of their testimony : so those that used their prudentials most , in seeking shifts to sh●n severity , and studying to satisfie these inquisitors with their stretched concessions , were ordinarly more exposed to snares , and found less satisfaction in their sufferings , even though they could say much to justify , or at least extenuate their shiftings . i knew one , who had proof of this , who afterwards was ashamed of this kind of prudence . a short account of whose managing of answers to this question , because it may conduce somewhat to the explication of it , may here be hinted . the question moved after the usual forme , was , do ye onne the authority of king iames the ? in answer to which , he pleaded first , for the immunity of his thoughts , which he said were not subject to theirs or any tribunal . when this could not be an evasion from their extortions , he objected the ambiguity of the termes in which the question was conceived , being capable of diverse senses : and inquired , what they meant by authority ? what by ouning authority ? by authority , whether did they mean the administration of it , as now improved ? if so , then he was not satisfied with it : or the right as now established ? if so , then he was not clear to give his opinion of it ; as being neither significant nor necessary , and that it was fitter for lawyers , and those that were better acquaint with the arcana imperii , than for him to dispute it . again he asked , what they meant by ouning ? either it is passive subjection ; that he did not decline : or active acknowledgment of it ; and that he said he looked upon as all the suffrage he could give to its establishment in his station , which he must demur upon some scruple . the replies he received were very various , and some of them very rare , either for ignorance or imposture . sometimes it was answered : to oune the kings authority , is to take the oath of allegiance ; this he refused . some answered , it is to engage never to rise in armes against the king upon any pretence whatsoever ; this he refused likewise . others explained it to be , to acknowledge his right to be king : to this he answered , when the authority is legally devolved upon him by the representatives of both kingdoms , it was time enough for him to give account of his sentiments . others defined it , to oune him to be lawful king by succession : to this he answered , he did not understand succession could make a man formally king , if there were not some other way of conveyance of it ; it might put him in the nearest capacity to be king , but could not make him king. some did thus paraphrase upon it , that he must oune him to be his soveraign lord under god , and gods vicegerent , to be obeyed in all things lawful : to this he answered , whom god appoints , and the people choose according to law , he would oune . when those shifts would not do , but from time to time being urged to a categorical answer ; he told them , he was content to live in subjection to any government providence set up , but for ouning the present constitution as of god and according to law , he durst not acknowledge it , nor oune any mortal as his lawful soveraign , but in termes consistent with the covenant securing religion and liberty . this not satisfying , when he came to a more pinching trial ; he declared , he ouned all lawful authority according to the word of god , and all authority that was the ordinance of god by his preceptive will , and he could be subject to any ; but further to acknowledge it , he behooved to have more clearness , for sometimes a nation might be charged with that , ye have set up kings and not by me &c further he conceded , he ouned his providential advancement to the throne ; he ouned as much as he thought did oblige him to subject himself with patience ; he ouned him to be as lawful as providence possessing him of the throne of his ancestors , and lineal succession , as presumed next in blood & line , could make him : but still he declined to oune him as lawful king , and alledged that was all one , whether he was lawful or not , he refused not subjection , distinguishing it always from allegiance . but all these concessions did not satisfie them , & they alledged he might say all this of a tyrant : & therefore commanded him to give it under his hand , to oune not only the lineal but the legal succession of king iames the . to the croun of scotland : which he did , upon a fancy that legal did not import lawful , but only the formality of their law ; withal protesting , he might not be interpreted to approve of his succession . but this was a vain protestatio contra factum . however by this we see , what is ouning this authority , in the sense of the inquisitors . the result of all is , to acknowledge allegiance to the present possessor , and to approve his pretended authority as lawful , rightful , & righteous : which indeed is the true sense of the words , and any other that men can forge or find out is strained . for , to speak properly , if we oune his authority in any respect , we oune it to be lawful : for eyery authority , that is ouned to be authority indeed , is lawful ; authority alwayes importing authorization , and consisting in a right or call to rule , and is formally & essentially contradistinct to usurpation : wherever the place of power is meerly usurped , there is no authority but verbo tenu● ; a style without truth , a barely pretended nominal equivocal authority , no real denomination : if we then oune this mans authority , we oune it to be lawful authority : and if we cannot oune it so , we cannot oune it at all . for it is most suitable , either to manly ingenuity , or christian simplicity , to speak properly , and to take words always in the sense that they to whom they are speaking will understand them , without equivacating . these preliminaries being thus put by , which do contribute to clear somewhat in this controversie , and both furnish us with some arguments for , and solutions in most of the objections against , my thesis in answer to the question above stated . i set it doun thus . a people long oppressed with the encroachments of tyrants & usurpers , may disoune all allegiance to their pretended authority , and when imposed upon to acknowledge it , may & must ratber chuse to suffer , than to oune it . and consequently we cannot as matters now stand oune , acknowledge , or approve the pretended authority of king iames the . as lawful king of scotland ; as we could not as matters then stood oune the authority of charles the . this consequence is abundantly clear from the foregoing deduction , demonstrating their tyranny & usurpation . in prosecuting of this general thesis , which will evince the particular hypothesis : i shall . . adduce some historical instances , whence it may be gathered , that this is not altogether without a precedent , but that people have disouned allegiance to tyrants & usurpers , before now . . deduce it from the dictates of reason . . confirme it by scripture arguments . i. albeit , as was shewed before , this question as now stated , is in many respects unprecedented ; yet the practice , which in our day hath been the result of it , to wit , to disoune or not to oune prevailing dominators usurping the government or abusing it , is not so alien from the examples of history , but that by equivalency or consequence it may be collected from , & confirmed by instances . . to begin at home , besides many passages related already for confirmation , we may adde ( ) that for about . years , the people had in their choise whom to oune ar admit to succeed in the government , even though the kingdom was hereditary ; and used to elect , not such who were nearest in blood & line , but these that were judged most fit for government , being of the same progeny of fergus , buchan . rer. scot. lib. . pag. . in vita kennethi . . this continued until the dayes of kenneth the . who to cover his villanous murder of his brothers son malcolm , and prevent his and secure his oun sons succession , procured this charter for tyranny , the settlement of the succession of the next in line from the parliament : which , as it pretended the prevention of many inconveniences , arising from contentions & competions about the succession ; so it was limited by lawes , precluding the succession of fools or monsters , and preserving the peoples liberty to shake off the yoke , when tyranny should thereby be introduced : otherwise it would have been not only an irrational surrender of all their oune rights , & enslaving the posterity , but an irreligious contempt of providence , refusing & anticipating its determination in such a case . however it is clear , before this time , that as none but the fittest were admitted to the government ; so if any did usurpe upon it , or afterwards did degenerate into tyranny , they took such order with him , as if he had not been admitted at all ; as is clear in the instances of the first period , and would never oune every pretender to hereditary succession . ( ) as before kenneths dayes , it is hard to reckon the numerous instances of kings that were dethroned , or imprisoned , or slain , upon no other account than that of their oppression & tyranny : so afterwards , they maintained the same power & priviledge of repressing them , when ever they began to encroach . and although no nation hath been more patient towards bad kings , as well as loyal towards good ones ; yet in all former times , they understood so well their right they had , and the duty they owed to their oun preservation , as that they seldom failed of calling the exorbitantly flagitious to an account . and albeit , in stead of condoling or avenging the death of the tyrannous , they have often both excused & justified it , yet no kingdom hath inflicted severer punishments upon the murderers of just & righteous princes : and therefore , though they did neither enquire after , nor animadvert upon those that slew iames the . a flagitious tyrant , yet they did by most exquisite torments put them to death who slew iames the . a vertuous monarch . hence , because these & other instances i mind to adduce of deposing tyrants , may be excepted against , as not pertinent to my purpose , who am not pleading for exauctoration & deposition of tyrants , being impracticable in our case : i shall once for all remove that , and desire it may be considered . [ ] that though we cannot formally exauctorate a tyrant ; yet he may ipso jure fall from his right , and may exauctorate himself , by his law by whom kings reign ; and this is all we plead for as a foundation of not ouning him . [ ] though we have not the same power , yet we have the same grounds , and as great & good if not greater & better reasons to reject & disoune our tyrant , as they whose example is here adduced had to depose some of their tyrannizing princes . [ ] if they had power & ground to depose them , then a fortiori they had power & ground to disoune them ; for that is less & inculded in the other , and this we have . [ ] though it should be granted , that they did not disoune them before they were deposed ; yet it cannot be said that they did disoune them only because they were deposed : for it is not deposition that makes a tyrant ; it only declares him to be justly punished , for what he was before . as the sentance of a judge does not make a man a murderer or thief , only declares him convict of these crimes , & punishable for them ; it s his oun committing them that makes him criminal : and as before the sentance , having certain knowledge of the fact , we might disoune the mans innocency or honesty ; so a rulers acts of tyranny & usurpation make him a tyrant & usurper , and give ground to disoune his just & legal authority ; which he can have no more than a murtherer or thief can have innocency or honesty . ( ) we find also examples of their disouning kings undeposed ; as king baliol was disouned with his whole race , for attempting to enslave the kingdoms liberties to forreign power . and if this may be done for such an attempt , as the greatest court parasites & sycophants consent ; what then shall be done for such as attempt to subject the people to domestick or intestine slaverie ? shall we refuse to be slaves to one without , and be , & oune our selves contented slaves to one with in the kingdom ? it is known also that king iames the . his authority was refused by his subjects in france , so long as he was a prisoner to the english there , though he charged them upon their allegiance , not to fight against the party who had his person prisoner : they answered , they ouned no prisoner for their king , nor owed no allegiance to a prisoner . hence princes may learn , though people submit to their government ; yet their resignation of themselves to their obedience is not so full , as that they are obliged to oune allegiance to them , when either morally or physically they are incapacitate to exerce authority over them . they that cannot rule themselves , cannot be ouned as rulers over a people . . neither hath there been any nation , but what at one time or other hath furnished examples of this nature . the english history gives account , how some of their kings have been dealt with by their subjects , for impieties against the law & light of nature , and encroachments upon the lawes of the land. vortigernu● was dethroned for incestously marying his oun sister . neither did ever blasphemies , adulteries , murders , plotting against the lives of innocents , and taking them away by poison or razor , use to escape the animadversion of men , before they were priest-ridden unto a belief that princes persons were sacred . and if men had that generosity now , this man that now reigns might expect some such animadversion . and we find also king edward , & richard the . were deposed , for usurpation upon lawes & liberties , in doing whereof the people avowed . they would not suffer the lawes of england to be changed . surely the people of england must now be far degenerate , who having such lawes transmitted to them from their worthy ancestors , and they themselves being born to the possession of them without a change , do now suffer them to be so encroached upon , and mancipate themselves , & leave their children vassals to poperie , & slaves to tyranny . . the dutch also , who have the best way of guiding of kings of any that ever had to do with them ( witness their having so many of them in chains , now in batavia in the east indies ) are not wanting for their part to furnish us with examples . when the king of spain would not condescend to govern them according to their ancient lawes , and rule for the good of the people , they declared him to be fallen from the seigniorie of the netherlands , and so erected themselves into a flourishing common-wealth . it will not be amiss to transcribe some of the words of the edict of the estates general to this purpose . it is well known , ( say they ) that a prince & lord of a countrey is ordained by god to be soveraign & head over his subjects , to preserve & defend them from all injuries , force , & violence , and that if the prince therefore faileth therein , and in stead of preserving his subjects , doth outrage & oppress them , depriveth them of their priviledges & ancient customs , commandeth them and will be served of them as slaves ; they are no longer bound to respect him as their soveraign lord , but to esteem of him as a tyrant , neither are they bound to acknowledge him as their prince , but may abandon him &c. and with this aggrees the answer of william prince of orange to the edict of proscription , published against him by philip. the ii. there is , sayes he , a reciprocal bond betwixt the lord & his vassal ; so that if the lord break the oath , which he hath made unto his vassal , the vassal is discharged of the oath made unto his lord. this was the very argument of the poor suffering people of scotland , whereupon they disouned the authority of charles the second . . the monarchy of france is very absolute ; yet there also the state hath taken order with their tyrants ; not only have we many instances of resistances made against them , but also of disouning , disabling , & invalidating their pretended authority & repressing their tyranny . so was the two childerici served : so also sigebertus , dagabertus , and lodowick the ii. kings of france . . the great body of germany moves very slowly , and is inured to bear great burdens : yet there also we find ioan●a of austria mother of charles the . was put to perpetual sonment : which example is adduced by the earle of mortoun , in his discourse to the queen of england ( whereof i rehearsed a part before ) vindicating the deposing & disouning queen mary of scotland . if , saith he , we compare her with ioanna of austria — what did that poor wretch commit , but that she could not want a litle lustful pleasure , as a remedy necessary for her age ? and yet poor creature , she suffered that punishment , of which our dame convicted of most grievous crimes now complains — buchan . rer. scotic . l. b. . pag. . the duke of saxon , the landgrave of hesse and the magistrats of magdeburgh , joined in a war against her son charles the . and drew up a conclusion by resolution of lawyers , wherein are these words — neither are we bound to him by any other reason , than if he keep the conditions on which he was created emperour . by the laws themselves it is provided , that the superior magistrate shall not infringe the right of the inferior , & if the superior magistrate exceed the limits of his power , and command that which is wicked , not only we need not obey him , but if he offer force we may resist him . which opinion is confirmed by some of the greatest lawyers , and even some who are patrons of tyranny , grotius none of the greatest enemies of tyrants , de jure belli lib. . cap. . n : . sayth out of barclaius , & with him , that the king doth loss his power when he seeketh the destruction of his subjects . it was upon the account of the tyranny of that bloody house of austria over the helvetians , that they shook off the rule & government of that family , and established themselves into a republick . and at this present time , upon the same accounts , the tyranny & treachery of this imperial majestie , the hungarians have essayed to maintain & justify a revolt in disouning the emperour , now for several years . . polland is an elective kingdom , and so cannot but be fertile of many instances of casting off tyrants . henricus valesius , disouned for fleeing , and sigismuadus for violating his faith to the states , may suffice . lex rex q. . pag. . . in denmark , we find christiernus their king , was for his intollerable cruelty put from the kingdom , he and all his posterity , and after twenty years did end his life in prison . . in swedland , within the compass of one century , the people deposed & banished the two christierns , and dethroned & imprisoned ericus , for their oppressions & tyranny , and for pursuing the destruction of their subjects . . the portugieses , not many years ago , laid aside and confined alphonsus their king , for his rapines & murders . . some dukes of venice have been so disouned by these common-wealths men , that laying aside their royal honours as private men , they have spent their dayes in monasteries . buchan . de jure regni apud scotos . . if we will revolve the old roman histories , we shall find no small store of such examples , both in the time of their kings , consuls , & emperours . their seventh king tarquinius superbus , was removed by the people , for his evident usurpation : neque enim ad jus regni quicquam praeter vim habebat , ut qui neque populi jussu , neque patribus authoribus , regnavit , sayth livius i.e. for he had nothing for a right to the government , but meer force , and got the rule neither by the peoples consent & choise , nor by the authority of the senators . so afterwards the empire was taken from vitellius , heliogabulus , maximinus , didius iulianus , lex rex , ub , supra . . but it will be said . can there be any instances of the primitive christians adduced ? did ever they , while groaning under the most insupportable tyranny of their persecuting emperours , disoune their authority , or suffer for not ouning it ? to this i answer . . what they did or did not of this kind , is not of moment to inquire : seeing their practice & example , under such disavantages , can neither be known exactly , nor what is known of it be accommodated to our case : for ( ) they were never forced to give their judgement , neither was the question ever put to them , whether they ouned their authority or not : if they transgressed the lawes , they were lyable to the punishment , they craved no more of them . ( ) they confess themselves to be strangers , that had no establishments by law , and therefore they behoved to be passively subject , when in no capacity to resist ; there was no more required of them . yet lex rex quest. . pag. . cites theodoret affirming , th●n evil men reigned through the unmanlyness of the sub●ects . ( ) their examples are not imitable in all things : they were against resistence , which we doubt not to prove is lawful against tyrannical vio●ence : many of them refused to flee from the fury of persecuters : they ran to martyrdom , when neither cited nor accused ; and to obtain the croun thereof they willingly yeelded up their lives & liberties also to the rage or tyrants . we cannot be obliged to all these . yet we find some examples not altogether unapplicable to this purpose . when barochbach , the pretended king of the iewes , after the destruction of ierusalem , set himself up as king in bitter a city in arabia ; the christians that were in his precincts , refused to oune him as king ; which was one great cause of his persecuting them . it s true he persecuted them also for other things , as for their not denying christ ; so are we persecuted for many other things , than for our simple disouning of the king : yet this is reckoned as a distinct cause of their suffering , by mr mede on the revel . part. . pag. . gees magist. origin . ch . . sect. . pag. . the same last cited author shewes , that when albinus , niger ; & cassius , successively usurped the empire , having none of them any legal investure , the christians declined the recognition of their claim , and would not oune them ; and that upon this tertulian sayes , nunquam albiniani , nec nigriani , vel cassiani , inveniri potuerunt christiani , that is , the christians could never be found to be albinians , or nigrians , or cassians , meaning they were never ouners of these men for magistrats . and so may we say , pudet inveniri inter carolinianos & iacobinianos hujus temporis . not unlike is the passage of ambrose , who in favors of valentinia● the rightful governour , contested against maximus the tyrant , and not only disouned him but excommunicated him , for which he was threatened with death . and yet it is observable , that when maximus offered to interpose his power in defence of ambrose , that he might not be banished by iustina the empress , he would not accept of the help of maximus , whose power he disallowed & disouned . whence i observe , that it is not without a precedent for a minister to disoune a tyrant , to refuse favour from him , yea and to excommunicate him , yea even without the concurrence of his fainting brethren ; for all which some of our faithful ministers have been much condemned in our day , especially mr donald cargil for excommunicating charles the second & iames duke of york , as if such a thing had never been done before : whereas we see what ambrose did to maximus . and this same faithful minister ambrosius minister at millain , in italy , did also hold out of the assembly of the christians theodosius the emperour though a most vertuous prince , for that grievous scandal committed by him , against the innocent people at thessalonica , in killing so many of them in a passionate transport . but . since this objection of the primitive christians is much insisted on , both against this and the head of defensive armes : i shall further take notice of several distinctions , that do make the difference between their case & ours very vast . ( ) there is a great difference betuixt a prince of the common religion of his subjects , but distinct from some of them , whom yet he does not seek to entice to his religion , but gives them liberty & the benefite of the law as other subjects : ( which was the case of many in these primitive times sometimes . ) and a prince by all means , both foul & fair , pressing to a revolt from the true and to embrace a false religion . in this case ( which is ours with a witness ) it must be granted we should be wary , that we neither engage with him , nor oune allegiance to him , when he would withdraw us from our allegiance to god. ( ) there is a great difference betuixt a prince , persecuting the true religion , which only a few of his subjects here & there did profess , who in regard of their paucity were never in capacity to be looked upon as the body of the people , impowering him as their publick servant : ( which was their case ) and a prince persecuting that religion● which was professed by the body of the nation , when they sett him up . in this latter case , men of great sense have denyed he should be ouned for a prince , because then he is stated against the common good . this was our case under the former king , and yet under this , though all professors be not now persecuted , the publick religion & ancient reformation is persecuted in a few , whom he intends to destroy , and in their destruction to bury it . ( ) there is a difference , betwixt a prince persecuting religion publickly ouned & received of his subjects , yet never approved nor confirmed by law ( as it was not in the primitive times ) and a prince persecuting religion ratified & established by the laws of the land , which is our case . it will seem clear to every soul , not benighted with court darkness , that he then de●acto and ipso jure falleth from his right in this case , because now he is not only stated against the common good , but against the very laws by which the subjects must be ruled . then he ruleth not as a prince ▪ to whom the law giveth his measures & bounds , but rageth as a tiger & tyrant , and ought to be carried towards as such . ( ) there is a difference , betwixt a prince suppressing that religion established by law , which he never professed , nor never gave his consent to these laws ( as might be the case of some of the arian emperours ) though it be unlawful for any people to set up any mortal over them , who is not in this case bound to the good behaviour ; and a prince , opposing , & oppressing that religion , which himself hath professed and is ratified by laws with his oun consent : which was our case under the former king , who did give the most solemn ratification of them that ever was given , but afterwards most perfidiously retracted it . as also this apostate papist , did somtime profess himself protestant , and consented to the laws establishing it , and the penal statutes against papists , though now he is going about to raze all , and ruine that alone valuable treasure of our nation , religion . ( ) there is a difference , betwixt a prince consenting to laws establishing religion which he now persecuteth ( which might have been the case of iulian the apostate ) and a prince who not only consented to these laws , but who did upon these very terms & no other get & receive his croun & scepter , that he should preserve the religion as reformed , and protect as a father the professors thereof , and maintain the laws establishing it , which yet he perfidiously & perniciously , being once settled in the government , breaks , casts , cassats , & overturns ( which was done by charles ) or , and a prince who will neither be bounded by the laws he consented to , nor be bound to the observation of any laws whatsoever ; but challenges it as his prerogative royal , to be absolute above all laws , and denying all security upon terms , is free to destroy religion & liberty , and all the valuable interests of the nation , when he pleases . this is iames his character ( ) there is a difference , betwixt a prince breaking the main & only article of his covenant , in a fit of fury & rage , being transported upon some mistakes ( which was the case of theodosius the emperour ) and a prince not only violating this upon deliberation , but plainly declaring , that neither oath nor declaration can or will bind him , but these being made void , he will destroy without restraint all these covenanted priviledges ( this was the case of charles ) or , and a prince , who , as he never will come under the bond of a covenant with his people , so thô he make never so many fair promises with the greatest solemnities , maintains a principle that he will keep no promises , but when & with whom he pleases , and can get a dispensation to break all when he likes . ( this is iames his ingenuity . ) sure in this case , such as are so characterized declare themselves so far from being princes , that they profess befor the world , they are no more men to be conversed with : for if neither their words , writs , vowes , promises , oaths , declarations , nor protestations , can bind them ; what society can be had with them ? are they not to be looked upon & carried towards as common enemies of morality , religion , righteousness , liberty , humanity , yea even of mankind it self ? now then , let the world be judge , if the people of scotland can be judged in conscience , reason , prudence , policie , or any imaginable way , bound to oune their authority , being so stated , and by the act rescissory all humane ground rescinded , that ever it shall be otherwise . let them go seek other slaves where they can find them , for we will not sell our selves & posteritie to tyrants as slaves , nor give up our religion and the exercise of it to the mouldings of the court. ii. in the second place : it being clear from these forementioned instances , that tyrants & uusurpers have been disouned ; and it being also as clear as light can make any thing , from the foregoing account of their government , and all the characters of truculency treachery , & tyranny conspicuously relucent therein , that these two gentlemen whose authority we are pressed to oune , were tyrants & usurpers : it remains therefore to prove from all dictates of reason about government , that their pretended authority could not nor cannot be ouned . for the argument runs thus ; the authority of tyrants & uusurpers cannot be ouned : but the authority of charles & iames was & is the authority of tyrants & usurpers : ergo their authority cannot be ouned . now it s the major of this syllogisim that i under take to prove . the minor being so clear from their history , that to prove it by witnesses were actum agere . . all authority to be ouned of men must be of god , and ordained of god : for so the apostle teacheth expressly rom. . . &c. which is the alone formal reason of our subjection to them , and that which makes it a damnable sin to resist them , because it is a resisting the ordin●nce of god. the lord ounes himself to be the author of magistrats , prov. . . by me kings reign and princes decree iustice. as he is the author of man and hath made him a sociable creature so he is the author of the order of humane society which is necessare for the preservation of mankind he being the god of order & not of confusion . and this must hold not only of the supreme authority , but of subordinate magistrates also ; for they must be included in the higher powers to whom we must be subject rom. . and they that resist them resist gods ordinance too . their judgment is gods , as well as the judgment of the supreme magistrate deut. . . chron. . , . they are called gods among whom the lord judgeth , psal. . . he speaketh not there of a congregation of kings . we are to be subject to them for the lords sake , as well as to the supreme magistrat . pet. . . therefore all magistrats superior & inferior are ordained of god in the respective places . it s true , peter calls every degree of magistracy , an ordinance of man , not that he denies it to be an ordinance of god ( for so he would cantradict paul rom. . ) but termes it so emphatically , to commend the worth of obedience to magistrats though but men , when we do it for the lords sake : not effectively as an invention of men , but subjectively because exercised by men , & created & invested by humane suffrages considered as men in societie , and objectively for the good of man , and for the external peace & safety of man thereby differenced from the ministry , an ordinance of christ , for the spiritual good of mens souls . hence , those rulers that are not of god nor ordained of god , cannot be ouned without sin : but tyrants & usurpers are the rulers , that are not of god nor ordained of god , but are set up and not by him &c. hos. . - . therefore they cannot be ouned without sin . i refer it to any man of conscience & reason to judge , if these scriptures proving magistracy to be the ordinance of god , for which alone it is to be ouned , can be applyed to tyrants & usurpers : how will that rom , . read of tyrants ? let every soul be subject to tyrants , for they are ordained of god as his ministers of iustice &c. and are a terror to evil works and a praise to the good , would not every man nauseate that as not the doctrine of god ? again , how would that sound prov. . by me tyrants reign & usurpers decree injustice ? harsh to christian ears . can they be said to be gods among whom the lord judgeth ? if they be , they must be such as the witch of endor saw , gods coming out of the earth , when she raised the devil ; in a very catichrestical meaning , as the devil is called the god of this world . and indeed they have no more power , nor otherwise to be ouned , than he hath : for this is a truth , tyranny is a work of satan & not from god ; because sin either habitual or actual is not from god ; tyranny is sin in habit & act : ergo — the magistrate as magistrate is good in nature & end , being the minister of god for good , a tyrant as a tyrant is quite contrary . lex rex saith well a power ethical , politick , or moral , to oppress , is not from god , and is not a power but a licentious deviation of a power , and no more from god but from sinful nature & the old serpent , than a licence to sin , quest. . pag. . hence sin , a licence to sin , a licencious sinning , cannot be from god : but tyranny , usurpation , absolute power encroaching upon all liberties , laws , divine & humane , is sin , a licence to sin , a licencious sinning . ergo — but to make this clear , and to obviate what may be said against this : let it be considered how the powers that be are of god & ordained of god. things are said to be of god and ordained of god two wayes ; by his purpose & providence , and by his word & warrant . things may be of god , either of his hand working or bringing them about ordaining & ordering them to be to his glory ; either by a holy overruling providence , as samsons desire of a wife was of god iudg. . . and amaziahs insolent & foolish rejection of ioash his peaceable overture chron. . . or by a powerful effective providence , so rom. . . of him & through him are all things cor. . . one god of whom are all things . or things be of god of his word warranting & authorizing . so we are commanded to try the spirits whether they be of god ( iohn . . . ) so in this sense , sin , tentation , lust , corruptions of the world are not of god iam. . . iohn . . . again , things are ordained of god , either by the order of his counsel or providential will , either effectively by way of production or direction , or permissively by way of non-impedition : or they are ordained by the order of his word & preceptive will ▪ the former is gods rule , the latter is ours : the former is alwise accomplished , the latter is often contradicted : the former orders all actions even sinful , the latter only that which is good & acceptable in the sight of god ▪ by the former israel rejected samuel , by the latter they should have continued samuels government , and not sought a king : by the former , athaliah usurped the government , by the latter , she should have yeelded obedience & resigned the government to the posterity of ahaziah : by the former all have a physical subordination to god as creatures , subject to his all-disposing will ; by the latter , those whom he approves have a moral subordination to god , as obedient subjects to his commanding will. now magistrats are of god and ordained by him both these wayes , tyrants but one of them . i say , magistrats , the higher powers , to whom we owe & must oune subjection are of god both these wayes , both by his purpose & providence , and that not meerly eventual but effective & executive of his word , disposing both of the title & right , & possession of the power , to them whom he approves , and bringing the people under a consciencious subjection , and by his word & warrant . so adonijah the usurper ( though he had the pretence of hereditary right , and also possession by providence ) was forced to oune king solomon in these termes upon which only a magistrate may be ouned : the kingdome , sayes he , was mine , and all israel set their faces on me that i should reign , howbeit the kingdom is turned about and become my brothers for it was his from the lord , king. . . he had both providence turning about the kingdom to him , and also the warrant of the lords approbative & preceptive will. but tyrants & usurpers are only of god and ordained of god , by his overruling purpose & permissive providence , either for performing his holy purpose towards themselves ; as rehoboams professing he would be a tyrant , and refusing the lawful desires of the people was of god chron. . . or for a judgment & vengeance upon them that are subject to them , zech. : : whereby they get a power in their hand , which is the rod of the lords indignation , and a charge & commission against a hypocritical nation isa. . . . this is all the power they have from god , who gives iacob to the spoil & israel to the robbers , when they sin against him isa. . . this doth not give these robbers any right , no more than they whose tabernacle prosper , into whose hand god bringeth abundantly iob. . . thus all robbers , and the great legal robbers , tyrants , and their authorized murderers , may be of god , to wit , by his providence . hence those that are not ordained of gods preceptive will , but meerly by his providential will , their authority is not to be ouned : but tyrants & usurpers are not ordained of gods preceptive , but meerly by his providential will. the minor needs no proof : yet will be cleared by many folowing arguments . the major will be afterwards more demonstrated . here i shall only say , they that have no other ordination of god impowering them to be rulers , than the devil hath , must not be ouned : but they that have no other than the ordination of providence , have no other ordination of god impowering them to be rulers than the devil hath : ergo they that have no other than the ordination of providence must not be ouned . . but let us next consider , what is comprehended in the ordination of that authority which is to be ouned as of god : and it may be demonstrated there are two things in it , without which no authority can be ouned as of god , viz. institution & constitution : so as to give him , whom we must oune as gods minister , authority both in the abstract & concrete , that is , that he should have magistracy by gods ordination , and be a magistrate by & according to the will of god. all acknowledge that magistracy hath gods institution , for the powers that be are ordained of god : which contains not only the appointment of it , but the qualification & forme of it . that government is appointed by divine precept all agree , but whether the precept be moral natural , or moral positive , whether it was appointed in the state of innocency , or since disorder came in the world , whether it be primario or secundario , from the law of nature is not agreed upon , it may possibly be all these wayes ; government in the general may be from the law and light of nature appointed in innocency , because all its relative duties are enjoined in the fifth command , and all nations naturally have an esteem of it , without which ther could be no order , distinction , or communion in humane societies , but the specification or individuation may be by a postnate positive & secundary law , yet natural too , for though ther be no reason in nature why any man should be king & lord over another , being in some sense all naturally free but as they yeeld themselves under jurisdiction : the exalting of david over israel is not ascribed to nature , but to an act of divine bounty which took him from following the ewes and made him feeder of the people of israel , psal. . , : yet nature teacheth that israel and other people should have a government , and that this should be subjected to . next , not only is it appointed to be , but qualified by institution , and the office is defined , the end prescribed , and the measures & boundaries thereof are limited , as we shall hear . again the formes of it , though politically they are not stinted , that people should have such a forme & not another : yet morally , at least negatively , whatever be the forme , it is limited to the rules of equity & justice , and must be none other than what hath the lords mould & sanction . but there is no institution any of these wayes for tyranny . hence , that power that hath no institution from god , cannot be ouned as his ordinance : but the power of tyrants is that power , being contrary in every respect to gods institution , and a meer deviation from it , & eversion of it . ergo — to the minor it may be replyed ; though the power which tyrants may exerce & usurpers assume , may be in concret● contrary to gods institution , and so not to be ouned : yet in abstracto , it may be acknowledged of god. it s but the abuse of the power , and that does not take away the use . we may oune the power , though we do not oune the abuse of it . i ans . . i acknowledge the distinction as to magistrats is very pertinent : for it is well said by the congregation in a letter to the nobility , knox hist. of scot. lib. . that there is a great difference betwixt the authority which is gods ordinance , and the persons of these who are placed in authority ; the authority & ordinance of god can never do wrong , for it commandeth that vice be punished & virtue maintained ; but the corrupt person placed in this authority may offend — its certain higher powers are not to be resisted but some persons in power may be resisted . the powers are ordained of god , but kings commanding unjust things are not ordained of god to do such things . but to apply this to ty●ants , i do not understand : magistrats in some acts may be guilty of tyranny , and yet retain the power of magistracy ; but tyrants cannot be capable of magistracy , nor any one of the scripture characters of righteous rulers . they cannot retain that which they have forefeited , and which they have overturned ; and usurpers cannot retain that which they never had . they may act & enact some things materially just , but they are not formally such as can make them magistrats , no more then some unjust actions can make a magistrate a tyrant . a murderer , saying the ●ife of one & killing another , does not make him no murderer : once a murderer ay a murderer , once a robber ay a robber , till he restore what he hath robbed : so once a tyrant ay a tyrant , till he make amends for his tyranny , and that will be hard to do . . the concrete does specificate the abstract in actuating it , as a magistrate , in his exercising government makes his power to be magistracy ; a robber in his robbing , makes his power to be roberie ; an usurper in his usurping makes his power to be usurpation ; so a tyrant in his tyrannizing can have no power but tyranny . as the abstract of a magistrate is nothing but magistracy , so the abstract of a tyrant is nothing but tyranny . it s frivolous then to distinguish between a tyrannical power in the concrete , & tyranny in the abstract ; the power & the abuse of the power : for he hath no power as a tyrant , but what is abused . . they that objects thus , must either mean , that power in its general notion is ordained of god , but this particular power ab●sed by tyrants , and assumed by usurpers , is not ordained : or they must mean , that the very power of tyrants & usurpers is ordained of god , but the way of holding & using it is not of god. if the first be said , they grant all i plead for : for thô the power in general be ordained , yet what is this to tyrants & usurpers ? would not this claim be ridiculous for any man to say , god hath ordained governments to be , therefore i will challenge it ? god hath ordained marriage , therefore any may cohabit together as man & wife , without formal matrimony ? if the second be alledged , that the power of these prevailing dominators is ordained , but not their holding & using of it : this is non-sense , for how can a power be ordained and the use of it be unlawful ? for , the abuse & use of tyrannical power is all one and reciprocal : an usurper cannot use his power but by usurpation . again is it not plain , that the abstract & the concrete , the act or habit , and the subject wherein it is , cannot have a contrary denomination ? if drunkenness and thieft , lying or murder , be of the devil ; then the drunkard , the thief , the lyar , & the murderer , are of the devil too : so if tyranny and usurpation , or the use or abuse of tyrants & usurpers , be of the devil ; then must the tyrants & usurpers also be of him : none can say , the one is of the devil , and the other of god. wherefore it is altogether impertinent to use such a distinction , with application to tyrants or usurpers , as many do in their pleading for the ouning of our oppressors : for they have no power , but what is the abuse of power . . as that authority which is gods ordinance must have his institution : so it must have his divine constitution from himself and by the people . wherever then there is authority to be ouned of men , there must be these tuo , constitution from god and constitution from the people . for the first , god hath a special interest in the constitution of authority , both immediatly & mediatly . immediatly , he declares such & such formes of government to be lawful & eligible , and does order whom & who and how people shall erect governours . and so , he confers royal graces & enduements & gifts for government on them , as on ioshua & saul : so they become the lords anointed , placed & set on the throne of the lord , chron. . . and honoured with majestie as his deputies & vicegerents , having their croun set on by god psal. . . but in regard now he doth not by any special revelation determine , who shall be the governours in this or that place ; therefore he makes this constitution by mediation of men ; giving them rules how they shall proceed in setting them up . and seeing by the law of nature he hath enjoined government to be , but hath ordered no particular in it with application to singulars , he hath committed it to the positive transaction of men , to be disposed according to certain general rules of justice . and it must needs be so , for . without this constitution , either all or none would be magistrats : if he hath ordained civil power to be , and taken no order in whom it shall be , or how it shall be conveyed , any might pretend to it ; and yet none would have a right to it , more than another . if then he ●ath affixed it to a peculiar having & holding , by virtue whereof this man is enstated & entitled to the office , and not that man , there must be a law for constituting him in authority , which will discover in whom it is . . if it were not so , then a resisting of a particular magistrate would not be a resisting of the ordinance of god , if a particular magistrate were not constitute of god , as well as magistracy is institute of god : for still it would be undetermined , who were the power ; and so it would be left as free & lawful for the resister to take the place , as for the resisted to hold it ; the institution would be satisfied if any possessed i● : therefore there must be constitution to determine it . . no common law of nature can be put into practice , without particular constitution regulating it . that wives & children oune their superior relations , is the law of nature ; but there must be such a relation first fixed by humane transaction , before they can oune them ; there must be marriage authorized of god , there must be children begotten , and then the divine ordination of these relative duties take place . so the judges of israel for years were given of god , act. . . not all by an immediate express designation , but a mediate call from god by men , as iephthah iudg. . . . inferior judges also are magistrats appointed by god , yet they have their deputation from men . our saviour speaks of all magistrats , when he applies that of the . psalm to them , i said ye are gods ; and shewes how they were gods , because unto them the word of god came , iohn . . . that is , by his word & warrant he authorized them , not by immediate designation in reference to the most of them , but the word of god comes to them , or his constitution is past upon them , who are advanced by men according to his word . when men therefore do act according to the divine rule , in the moulding & erecting of government & governours , there the constitution is of god , though it be not immediate . and where this is not observed , whatever power ( so named or pretended ) there may be , or what-soever persons there be that take upon them to be the power , and are not thereto appointed or therein instated , and do exerce such a power as god hath not legitmated , they are not a power ordained of god. hence , whatsoever power hath no constitution from god , eather immediate or mediate , cannot be ouned : but the authority of tyrants & usurpers , is a power that hath no constitution from god , either immediate or mediate : ergo it cannot be ouned . the major is cleared above . the minor is also undenyable : for , either they must pretend to an immediate constitution by revelation , that iames duke of york , a vassal of antichrist , had by all his plots & pranks merited the crown of britain , and therefore must be constitute king : and this i hope they will not pretend to , except the pope hath gotten such a revelation from pluto's oracle : or they must have recourse to the mediate constitution by men : and if so ; then , either this mediate constitution of god is left undetermined , indefinitely & absolutely giving way to any that will assume what power they please & can : and then , i confess , tyrants may have a constitution ; but this confusion cannot be of god : or else , it is fixed by a rule , regulating the succession or constitution of the governours , and obliging the people to oune the government so constituted , with exclusion & disallowance of any other . and so , if in that constitution there be a substantial deviation from the rule , as when incompetent or unallowed persons be the advancers of themselves , or others , into that place by illegal & sinistrous means , in as much as in that case there is the divine disapprobation , it may be said there is no ordinance of god , but a contradiction & contraordination to gods order . gee's magist. origin . chap. . sect. . subject . pag. . this will shake off this of ours , and all other tyrants & usurpers , that come into the government , & hold it not according to gods rule . . it is clear also in the second place , that the authority which we can oune out of conscience , must have constitution by the people . the special way by which men should be called into the place of soveraign power , may perhaps not be found so expressly defined in scripture , as mens call to the other ordinance of the ministrie is ; yet in this two things are essentially necessary to the constitution of a magistrate , the peoples consent & compact either formal or virtual . and without these we can oune consciencious subjection & allegiance to no man living . that the first is necessary will be evident , from the law of nature & nations , and from scripture . first the light & law of nature dictates , that the right & interest of constituting magistrats is in the elective vote or suffrage of the people . this will appear . . if we consider , the original of government among men , especially after they were so multiplied , that there was a necessity of a reduction into diverse communities ; which , whatever was before the flood , yet after it , behoved to be by a coalition with consent under an elective government . the scripture makes it more than probable , that the first partition of common-wealths was in pelegs dayes , in whose time the earth was divided gen. . . occasioned by the confusion of languages at babel which did dissolve their union and scatter them abroad upon the face of all the eath gen. . . then was it that we may conceive , as buchanan sayes de iure regni apud scot. the time was , when men dwelt in cottages & caves , and as strangers did wander to & fro without laws , and such as could converse together of the same language assembled together as their humors did lead them , or as some common utilitie did allure them ▪ a certain instinct of nature did oblige them to desire converse & societie . but this confusion of languages , and communion of language , in several divided parcels , could not incorporate these several parties into communities ; that behoved to be the effect of some other cause : & what should that be , but the joint will , consent & aggreement of the severally languaged ? it could not be by consanguinity ; for there is no direction from nature for a confinement of that into such & such degrees , to make out the bounds of a common-wealth , or possibility of knowing all with in such degrees ; besides all within these degrees might not be of the same language . now the scripture sayes , they were divided every one after his tongue , after their families , in their nations gen. . . next it could not be by cohabitation : for how that must go to be the boundaries of a common-wealth , inclusively or exclusively , is not defined by nature , nor can it be otherwise determined than by humane choise . then , it could not be by mens belonging to such a soveraign : for after that division & confusion , they could not all be under one soveraign , nor under the same that they were subject to before ; and a soveraign cannot be before the aggregation of the subjects whereof he is head , they must first be a common-wealth before they can belong to it . again it cannot be founded upon the right of fatherhood : for in that scattering , such a right could not be uninterruptedly preserved : and then noah should also have been the universal magistrate , which he could not be in these multiplied secessions . and further if it be refounded on the right of fatherhood ; either every company had one common father over all , or every father made a common-wealth of his oun children : the latter cannot be said , for that would multiply common-wealts in infinitum : neither can the first be said , for if they had one common father , either this behoved to be the natural father of all the company , which none can think was so happily ordered by babels confusion : or else the eldest in age , and so he might be incapable for government , and the law of nature does not direct that the government should alwise be astricted to the eldest of the community : or else finally he behoved to be their political father , by consent . for before this consent , they were uningaged as to common order of government ; none of the community having any legal claim to soveraignity more than the rest . when therfore they were forced to conclude upon association for their mutual preservation , they must be thought to act rationally , and not to make their condition worse but rather better by that conclusion , and , if they found it worse , to resume their radical right which they had conferred upon men , subject to law not to tyrannize over them : and in this case , certainly they had the power of choosing what kind of government suited most to their advantage , and would best preserve their liberties , and how far this should be extended , and who should be assumed into this combination ; still with a reservation of the priviledge to their oun safety , if their associates should not do their duty : and so they might also reserve to themselves a liberty , to alter the forme when they found it productive of more prejudice than advantage , and never to leave their condition remedieless ; and to pitch upon this way of succession and not another , the way of free election of every successor , or of definite election limited to one line , or to the nearest in line , and e contra with a reserve still of their primeve priviledges , to secure themselves from the inconveniences of that determination , or to change it ; and to make choise of such a family & line and not another , and whether the eldest alwise of that family or the fittest is to be chosen : and however it be , yet still by the peoples consent : and in all this to have respect to some good , great , & necessary ends , which if they should be disappointed of , and find these means useless or destructive to , they were to be loosed from their obligation to use or to oune them . see ius populi vindicat . ch . . pag. . &c. . if we consider how nature determines the peoples interest in the constitution of governours : whence comes it that this man and not that man , this race & family and not that , is invested with that title ? it will be found there is no title on earth now to the crowns to families , to persons , but the peoples suffrage : for the institution of magistracy in general does , not make iames stewart a king , no more than iohn chamberlain : neither do qualifications make one , otherwise there might be many better than is this day extant , for there are many men better qualified : and there is no prophetical or immediate callings to kingdoms now : and as for conquest without consent , and having no more for a title , it is no better than royal latrocinie . it is certain god would not command us to obey kings , and leave us in the dark that we should not know him that hath a reall call to 〈◊〉 : and if he have not the peoples call , where shall we find another ? it remains therefore they must have it from the people , who have it to give radically & virtually ; having a power to preserve themselves , and to put it in the hands of one or more rulers , that they may preserve themselves by them . all men are born alike as to civil power ( no man being born with a croun on his head ) and yet men united in society may give it to this man & not to that man , therefore they must have it virtually ; for they can not give what they have not . and as cities have power to choose their magistrats , so many cities have power to creat an universal ruler over them all . the people also have power to limit the magistrats power , with conditions ; so that the present ruler shall not have so much prerogative as his predecessor , as royalists cannot deny , therefore they must have given that power which they can limit see lex rex quest. . pag. . &c. secondly the scripture also gives light in this particular . . in giving directions & rules about their orderly calling their governours ; impowering them , to take wise men , & understanding , & known among their tribes , to be made rulers d●ut . . . to make judges & officers in all their gates deut. . . to set one among their brethren king over them and not a stranger deut. . . to what purpose are these rules given them , if they had no interest to choose their magistrats ? would god command them to set a king over them , if they had not power to do it ? and to set such a man over them and not such an one , if they had no influence in making one at all ? and accordingly that wise statist sayes very well sam. . . hushai to a●salem , nay , but whom the lard & this people and all the men of israel choose , his will i be , and with him will i abide . which will also hold in the negative , whom the lord & the people and all the men of the kingdom do not choose , his we will not be , nor with him will we abide . . the scripture expressly attributeth the making of kings to the people . all the people of iuda took azariah and made him king , instead of his father amaziah , whom they had executed king. . . they came with a perfect heart to make david king in hebron chron. . . so they made ioash king chron. . . . even these that were particularly designed of god & chosen to be rulers , yet were not formally invested with power , before the people conferred it upon them . gideon was called of god to it , but was not judge till the people said , rule thow over us , both thow & thy son , giving him an hereditary right for his children , iudg. . . saal was appointed to be king , and therefore samuel honoured him , because he was marked out of god to be king , sam. . . and anointed him with oyl sam. . . after which he was gifted & qualified for government , god gave him another heart vers . . yet all this did not make him king , till the people met for his inauguration vers . . &c. and crowned him & made him king in gilgal sam. . ult . david was anointed by samuel , and yet was a persecuted fugitive for several years , and never acknowledged formally king , till the men of iudah came & anointed him sam. . . for if he had been king before , then there were two kings in israel at one time , and david failed of his royal duty in not punishing the murderer saul ; whereas himself sayes , he would not touch the lords 〈◊〉 . therefore the people made all these kings , and that by choise & consent , without which they were no kings . hence i argue , if the consent & choise of the people be so essentially necessary to the making of kings ; then they who set up themselves against the consent of the body of the land , and without the choise of any , must be usurpers , not to be acknowledged for lawful kings : but the former is true as is proven above : ergo — now plain it is that this duke set up himself against the consent of the body , being excluded from the government by the representatives of england , and generally hated of all ; who disdaining to wait upon the formall choise of any , but after he had paved his passage to the throne upon his brothers blood , did usurpe the title without all law. . the second thing necessary for the legal constitution of a king by the people , is their compact with him : which must either be express or tacite , explicite or implicite . two things are here to be proven , that will furnish an argument for disouning both the brothers . first , that there must be a conditionall reciprocally obliging covenant between the soveraign and the subjects , without which there is no such relation to be ouned . secondly that when this compact is broken in all or its chiefest conditions by the soveraign , the peoples obligation ceases . the first . i shall set doun , in the words of a famous author , our renouned country man buchanan in his dialogue de iure regni apud scotos . mutua igitur regi cum civibus est pactio &c. there is then ( or there ought to be ) a mutual compact between the king and his subjects &c. that this is indispensibly necessary & essential to make up the relation of soveraign & subjects , may be proved both from the light of nature , & revelation . first it may appear from the light of natural reason . . from the rise of government , and the interest people have in erecting it by consent & choise ( at is shewed above ) if a king cannot be with out the peoples making , then all the power he hath must either be by compact or gift : if by compact , then we have what we proposed : and if by gift , then if abused they may recall it or if they cannot recover it , yet they may & ought to hold their hand , and give him no more that they may retain , that is no more honour or respect , which is in the honourer before the honoured get it . can it be imagined , that a people acting rationally would give a power absolutely without restrictions to destroy all their oun rights ? could they suppose this boundless & lawless creature , left at liberty to tyrannize , would be a fit mean to procure the the ends of government ? for this were to set up a rampant tyrant to rule as he listeth , which would make their condition a great deal worse then if they had no ruler at all , for then they might have more liberty to see to their safety . see ius populi ch . . pag. . . . this will be clear from the nature of that authority , which only a soveraign can have over his subjects ; which whatever be the nature of it , it cannot be absolute , that is against scripture , nature , & common sense , as shall be proven at more length . that is to set up a tyrant , one who is free from all conditions , a roaring lyon & a ranging bear to destroy all if he pleases . it must be granted by all , that the soveraign authority is only fiduciarie , entrusted by god & the people with a great charge : a great pledge is impauned & committed to the care & custody of the magistrate , which he must take special care of , and not abuse ; or waste , or alienate or sell ( for in that case royalists themselves grant he may be deposed ) he is by office a patron of the subjects liberties , and keeper of the law both of god & man , the keeper of both tables . sure he hath no power over the lawes of god but a ministerial power , he may not stop & disable them as he pleases ; of the same nature is it , over all other parts of his charge . he is rather a tutor , than an inheritor & proprietor of the common-wealth , and may not do with his pupils interest what he pleases . in a word the nature & whole significancy of his power lyes in this , that he is the nations publick servant , both objectively in that he is only for the good of the people , and representatively in that the people hath impauned in his hand all their power to do royal service . the scripture eaches this , in giving him the titles of service , as watchman &c. allowing him royal wages for his royal work rom. . he is gods minister attending continually on this thing , there is his work , for this cause pay yow tribute also , there is his wages & maintinance . he is called so in that transaction with rehoboam ; the old men advised him to be a servant unto the people , then they should be his servants king. . . there was a conditional bargain proposed : as to be a servant , or tutor , or guardian upon trust , always implies conditions & acconntableness to them that entrust them . . it must needs be so otherwise great absurdities would follow . here would be a voluntary contracted relation , obliging as to relative duties , to a man that ouwed none correlative to us , and yet one whom we set over us . it were strange , if there were no condition here ; and no other voluntarly suscepted relations can be without this , as between man & wife , master & servant &c. this would give him the disposal of us & ours , as if both we and what we have were his oun , as a mans goods are , against which he does not sin whatever he do with them . so this would make a king that could not sin against us ; being no ways obliged to us , for he can no otherwise be obliged to us but upon covenant conditions ; he may be obliged & bound in duty to god otherwise , but he cannot be bound to us otherwise : and if he be not bound then he may do what he will , he can do no wrong to us to whom he is no wayes bound . this also is point blank against the law of god , which is the second way to prove it , by the light of revelation or scripture . . in thevery directions about making & seting up of kings , the lord shewes what conditions shall be required of them deut. . . &c. and in all directions for obeying them , the qualifications they should have are rehearsed as rom. . , . therefore none are to be set up but on these conditions , and none are to be obeyed but such as have these qualifications . . in his promises of the succession of kings , he secures their continuation only conditionally , to establish the kingdom if they be constant to do his commandments & judgements chron. . . there shall not fail a man to sit upon the trone yet so that they take heed to their way to walk in gods law , as david did chron. . . now he was not otherwise to perform these promises , but by the action & suffrage of the people seting him up , ( which he had appointed to be the way of calling kings to thrones ) if therefore the lords promise be conditional , the peoples actions also behoved to be suspended upon the same conditions . . we have many express covenants , between rulers & subjects in scripture . iephthah was fetcht from the land of tob , and made the head of the gileadites by an explicite mutual stipulation , wherein the lord was invocated as a witness , iudg. . , , , , . so all the elders of israel came to make david king , and king david made a league with them in hebron before the lord , and then they anointed him over israel sam. . . he made there a covenant with them before the lord chron. , . he was no king before this covenant , and so it was a pactional oath between him & the kingdom , upon termes according to the law deut. . he was only a king in fieri ; one who was to be king , but now actually inaugurate a covenanted king upon termes that satisfied them . it s true they came to recognosce his right from the lord ; but so did they recognosce rehoboams right , and came to shechem to make him king king. . . and yet when he would not enter in covenant terms with them , to satisfie their just demands , the people answered the king , saying , what portion have we in david , neither have we inheritance in the son of iesse , to your tents o israel vers . . they refused to acknowledge such an usurper , and we find no prophets ever condemning them for it . so when iehoash or ioash was crowned , iehojada made a covenant between the lord and the king & the people , that they should be the lords people , between the king also and the people king. . . chron. . , . from all these reasons & scriptures , it is clear there must be a mutual compact . between the subjects and every soveraign they oune subjection to , which if he refuse , and usurp the sword , they are under an anterior obligation to substract their allegiance , and to make use of their sword , if they be in capacity , to pull it out of his hands and use it against him . and of this we are put in mind by the motto of our old coronation pieces , which have these words about the sword. pro me , si mereor in me , that is , for me but if i deserve against me : and surely to him that hath it now in his hands , it may be said , tu meruisti & adhuc meres . we see then , the allegiance that this usurper alledges is his due , wants a bottom , to wit a compact with the people . whence i argue , if there must of necessity be a compact between the king & the people when , he is advanced to the government ; then he that advances himself , without & against this compact , is an usurper not to be ouned : but the former is true : ergo he that advances himself without & against this compact , is an usurper not to be ouned . and who more notoriously deserving such a signature , than iames the / who hath made horns of his oun strength , or the popes biills , to push his brother out and himself in to the throne , upon no termes at all , or any security for religion & liberty . one objection is to be removed here : can the customs of the iewes be binding to all nations ? the kings of iudah made such covenants , shall therefore all kings do so ? ans. why not this custom , as well as crowing , which they used likewise ? these rules are not typical or cermonial , nor only so iudicial as to be peculiarly iudaical , but are matters of moral equity , bearing a standing reason founded upon that law deut. . . &c. limiting the prince to stand to conditions . if we cast at divine laws for rules of government , where wil we find better laws ? it is recorded of the first of the british kings who was christian , that writing to eleutherius bishop of rome ( before antichrist took that seat ) for the roman laws , he received this answer ; by divine clemency ye have received the law & faith of christ , yow have the old & new testaments , out of them in gods name by counsel of your state take laws , & govern your kingdom . and of another , that he began his laws thus , god speake all these words &c. and so repeated the laws of god. the second thing i undertook to prove , is that assertion of buchanan ubi supra , de iure regni . qui prior a conventis recidit &c. there being a paction between the king & subjects , he who first recedes from what is covenanted , and doth counteract what he hath covenanted , he looses the contract ; and the bond being loosed which did hold fast the king with the people , whatever right did belong to him by virtue of that compact , he looses it , and the people are as free as before the stipulation . which is also asserted by the author of ius populi ch . . pag. . it is no less clear , that when the soveraign doth not performe the principal main & most necessary conditions , condescended & aggreed upon , de jure he falleth from his soveraignity : and pag. . when the prince doth violate his compact , as to all its conditions , or as to its chief main & most necessary condition , the subjects are de jure free from subjection to him , and at liberty to make choise of another . this is so clear that it needs no labour to prove it , that upon this head we were loosed from all allegiance ro the former tyrant , who was admitted upon terms of an explicite covenant , the conditions whereof he did as explicitely break . there are two cases wherein subjects are loosed from covenanted allegiance to their princes . . when the prince remitts the obligation of the subjects , and refuses allegiance upon that basis ; then he can no more demand it by virtue of that compact . he that remitts & will not have that allegiance , that the subjects covenanted upon such & such conditions to him , these subjects should not give it that they so covenanted , for they should not prostitute it to a refuser & remitter : but charles the second remitted and would not have that allegiance , which we covenanted upon such & such conditions viz. upon the terms of the covenant , which he cassed , & annulled , and made criminal to oune : ergo to him we should not have given it , which we so covenanted . . when the prince did enter into a mutual covenant with the people upon mutual conditions , and does not only cease to performe the conditions , but simply denies all obligation to do it , and makes it a quarrel to insinuate so much , yea persecutes all who dare assert the obligation of that covenant ; and yet demands allegiance , not upon the obligation of that covenant which he hath remitted , but absolutely upon the grounds of his prerogative . in this case it will be evident also , the subjects are not bound either to oune their formerly covenanted allegiance to him , or that which he demands on other grounds . grotius de iure belli is clear as to this lib. . cap. . num. . si ex clausula posita in ipsa delatione imperii , ut si rex hoc aut hoc faciet subditi omni obedientiae vinculo solvuntur , tunc quoque rex in privatam personam recidit . if there be such a clause or condition in the very devolution of the government upon a prince , as if he do so & so the subjects shall be loosed from all bonds of obedience , then when he does so he becomes a meer private person . grotius there supposes the power is transferred upon a resolutive condition , that is if he transgress the condition the power shall be resolved into its first fountain : much more if it be transferred expressly also upon a suspensive condition , that he shall continue to maintain the ends of the covenant , defend religion & the liberties of the subjects , in the defence whereof we shall oune allegiance to him , otherwise not in that case if he do not maintain these ends , plain it is our obligation ceases ; for how can it stand upon a conditional obligation , when his performance of the condition sists ? but whatever be the conditions mutual , it flowes natively from the nature of a mutual compact , that qui non praestat officium promissum cadit beneficio hac lege dato , he who doth not perform the conditions aggreed upon hath no right to the benefite granted upon condition of performance of these conditions ; especially if he performe not , or violate these conditions upon supposition whereof he would not have gotten the benefite : it were very absurd to say , in a mutual conditional compact one party shall still be bound to perform his conditions , though the other perform none but break all . were it the act of rational creatures to set up a soveraign , upon conditions he shall not play the tyrant , and yet be bound to him thô he tyrannize never so much ? we have the nature of mutual compacts in the spies covenant with rahab iosh. . . if thow utter this our business , then we will be quite of thine oath , which thow hast made us to swear : if she should break condition , then the obligation of the oath on their part should cease . but next all the stress will ly in proving that the covenant , on such & such conditions between a prince & subjects , doth equally & mutually oblige both to each other : for if it equally oblige both , then both are equally disengaged from other by the breach on either side , and either of them may have a just claim in law against the other for breach of the conditions . but royalists & court-slaves alledge , that such a covenant obliges the king to god ; but not to the people at all ; so that he is no more accountable to them , than if he had made none at all . but the contrare is evident : for [ ] if the compact be mutual , and if it be infringed on one side , it must be so in the other also ; for in contracts , the parties are considered as equalls , whatever inequality there may be betwixt them otherwise : i speak of contracts among men . [ ] if it be not so , there is no covenant made with the people at all : and so david did no more covenant with israel . than with the chaldeans : for to all with whom the covenant is made it obliges to them . otherwise it must be said , he only made the covenant with god , contrary to the text ; for he made it only before the lord as a witness , not with him as a party . ioashs covenant with the lord is expresly distinguished from that with the people . [ ] if it be not so , it were altogether non-sense to say , there were any covenant made with the king , on the other hand : for he is supposed to be made king on such & such terms , and yet by this after he is made king he is no more obliged unto them , than if there had been no compact with him at all . [ ] if he be bound as king , and not only as a man or christian , then he is bound with respect to the people ; for with respect to them he is only king : but he is bound as king , and not only as a man or christian , because it is only with him as king that the people covenant , and he must transact with them under the same consideration . next , that which he is obliged to , is the specifical act of a king , to defend religion & liberty , & rule in righteousness ; and therefore his covenant binds him as king. again , if he be not bound as king , then as a king he is under no obligation of law or oath , which is to make him a lawless tyrant , yea none of gods subjects . it would also suppose that the king as king could not sin against the people at all , but only against god : for as king he could be under no obligation of duty to the people , and where there is no obligation there is no sin ; by this he would be set above all obligations to love his neighbour as himself , for he is above all his neighbours , and all mankind , and only less than god ; and so by this doctrine he is loosed from all duties of the second table , or at least he is not so much obliged to them as others . but against this it is objected : both prince & people are obliged to performe their part to each other , and both are obliged to god , but both are not accountable to each other ; there is not mutual power in the parties to compell one another to performe the promised duty ; the king hath it indeed over the people , but not the people over the king , and there is no indifferent judge superior to both to compell both , but god. ans. . what if all this should be granted ? yet it doth not infringe the proposition : what if the people have not power to compell him ? yet iure he may fall from his soveraignity , though de facto he is not deposed : he loses his right to our part , when he breaks his part . . there is no need of a superior arbiter : for as in contracting they are considered as equal , so the party keeping the contract is superior to the other breaking it : . there may be mutual coactive power , where there is no mutual relation of superiority & inferiority : yea in some cases inferiours may have a coactive power by law , to compell their superiours failing in their duty to them ; as a son wronged by his father may compel him to reparation by law ; and independent kingdoms , nothing inferior to each other , being in covenant together , the wronged may have a coactive power to force the other to duty , without any superior arbiter . . the bond of suretyship brings a man under the obligation to be accountable to the creditor , though the surety were never so high and the creditor never so low : solomon sayes in general without exception of kings , yea including them because he was a king that spake it prov. . , . my son if thow be surety for thy friend — thow art snared with the words of thy mouth . now a kings power is but fiduciary ; and therefore he cannot be unaccountable for the power concredited to him . and if the generation had minded this , our stewarts should have been called to an account for their stewardship ere now . hence i argue , if a covenanted prince , breaking all the conditions of his compact , doth forfeit his right to the subjects allegiance , then they are no more to oune him as their soveraign : but the former is proved , that a covenanted prince breaking all the conditions of his compact doth forfeit his right to the subjects allegiance : ergo — and consequently when charles the second , expressly bound by covenant to defend & promote the convenanted reformation & liberties of the kingdom , to whom only we were bound in the terms of his defending & promoting the same , did violently & villainously violate & vilify these conditions , we were no more bound to them . somewhat possibly may be objected here . . if this be the sense of the covenant , then it would seem that we were not bound to oune the king , but only when & while he were actually promoving & carrying on the ends of the covenant . ans. it does not follow , but that we are obliged to preserve his person & authority in these necessary intervalls , when he is called to see to himself as a man ; for we must preserve him as a mean , because of his aptitude & designation for such an end , albeit not alwayes formally prosecuting it : we do not say , that we are never to oune him , but when actually exercised in prosecuting these ends : but we say , we are never to oune him , when he is tyrannically & treacherously abusing his authority for destroying & overturning these ends , and violating all the conditions of his compact . it may be obj. . saul was a tyrant , and a breaker of his royal covenant , and persecuter of the godly , and murderer of the priests of the lord , usurper upon the priests office , and many other wayes guilty of breaking all conditions : and yet david and all israel ouned him as the anointed of the lord. ans. . saul was indeed a tyrant , rejected of god , and to be ejected out of his kingdom in his oun time & way , which david a prophet knowing would not anticipate . but he was far short , and a meer bungler in acts of tyranny in comparison of our grassators : he broke his royal covenant in very gross particular acts , but did not cass & rescind the whole of it , did not burn it , did not make it criminal to oune its obligation , nor did he so much as profess a breach of it , nor arrogate an absolute prerogative , nor attempt arbitrary government , nor to evert the fundamental laws and overturn the religion of israel , & bring in idolatry , as ours have done : he was a persecuter of david upon some private quarrels , not of all the godly upon the account of their covenanted religion : he murdered priests of the lord , in a transport of fury , because of their kindness to david ; but he did not make laws adjudging all the ministers of the lord to death , who should be found most faithful in their duty to god & his church , as ours have done against all field preachers : he usurped upon the priests office , in one elicit act of sacrificing ; but he did not usurp a supremacy over them , and annex it as an inherent right of his crown . . he was indeed such a tyrant , as deserved to have been dethroned & brought to condign punishment , upon the same accounts that amaziah & uzziah were deposed for afterwards : and in this the people failed in their duty , and for it they were plagued remarkably ; shall their omission be an argument to us ? . as the question was never put to the people , whether they ouned his authority as lawful or not ? so we do not read , either of their universal ouning him , or their positive disouning him : however , that 's no good argument , which is drawen a non facto ad faciendum ; because they did it not , therefore it must not be done . . they ouned him ; but how ? as the minister of god , not to be resisted or revolted from under pain of damnation ? ( as all lawful magistrats ought to be ouned rom. . , . ) this i deny : for david & his six hundred men resisted him resolutely ; and though the body of the nation did long lazily lye & couch as asses under his burden , yet at length , weary of his tyranny , many revolted from under him , and adjoined themselves to david at ziklag , while he kept himself close because of saul the son of kish chron. . . who are commended by the spirit of god for their valour vers . . &c. and many out of manasseh fell to him , when he came with the philistims against saul to battel vers . . this was a practical disouning of the tyrant , before the lord deposed him . . david did indeed pay him & his character some deference , as having been the anointed of the lord ; yet perhaps his honouring him with that title , the lords anointed sam. . sam. . and calling him so often his lord the king cannot be altogether justified , no more than his using that same language to achish king of gath. sam. . . i shew before how titles might be allowed : but this so circumstantiate , does not seem so consistent with his imprecatory prayer , for the lords avenging him on him . sam. . . and many other imprecations against him in his psalms ; in some of which he calls the same man , whom here he stiles the lords anointed , a dog ; as saul & his complices are called psal. . , . and the evil violent & wicked man psal . , . and the vilest of men psal. . ult . however it be , there can be no argument from hence , to oune the authority of tyrants & usurpers . . though this necessary conditional compact , which must alwayes be in the constitution of lawfu● rulers , be not alwayes express & explicite , so that a written authentick copy of it cannot be always produced ; yet it is alwise to be understood implicitely at least transacted , in the rulers admission to the government , wherein the law of god must regulate both parties ; and when he is made ruler , it must natively be understood that it is upon terms to be a father , feeder , & protector , and not a tyrant , murderer , & destroyer . all princes are so far pactional , that they are obliged , by the high & absolute soveraign from whom they derive their authority , to reign for the peace & profit of the people : this is fixed unalterably by the laws of the supreme legislator , and solemnly engaged unto at the coronation : and whosoever declines or destroyes this fundamental condition , he degrades & deposes himself . it is also not only the universal practice , but necessary for the constitution & conservation of all common-wealths , to have fundamental laws & provisions about government , both for the upholding & transmitting & transfering it as occasion calls , and preventing & punishing violations thereof , that there be no invasion or intrusion upon the government , and if there be any entrance upon it not according to the constitution , that it be illegitimated , and the nations liberties always secured . this doeth infer & regulate a conditional compact with all that are advanced to the government , albeit it should not be expressed . for it is undenyable that in the erection of all governours , the grand interests of the community must be seen to by legal securities for religion & liberty , which is the end & use of fundamental laws . now how these have been unhinged & infringed , by the introduction & present establishment by law of that monster of the prerogative , enacted in parliament anno . the apologetick relation doth abundantly demonstrate , sect. . concerning the kings civil supremacy , enhancing all the absoluteness that ever the great turk could arrogate , and yet far short of what hath been usurped since , and impudently proclaimed to the world , especially by him who now domineers , in his challenges of soveraign authority , prerogative royal , & absolute power , which all are to obey without reserve , whereby the whole basis of our constitution , and bulwark of our religion , laws , & liberties , is enervated , and we have security of no law but the kings lust . hence i argue , those princes , that , contrary to their virtual compact ( at least ) at their coming to the crown , have overturned all fundamental laws , cannot be ouned : but our princes have contrary to their virtual compact ( at least ) at their coming to the crown overturned all fundamental laws : ergo they cannot be ouned . the major is plain : for they that overturn fundamental laws are no magistrats ; thereby all the ends of government being subverted , and the subverter cannot be ouned as a father or friend , but an open enemy to the common-wealth , nor looked upon as magistrats doing their duty , but as tyrants seeking themselves with the destruction of the common-wealth . : and in this case the compact , the ground of the constitution , being violated , they fall from their right , and the people are liberated from their obligation , and they being no magistrats the people are no subjects , for the relation is mutual , and so is the obligation ius populi chap. . pag. . the minor is manifest , both from the matter of fact , and the mischiefs framed into laws , by the soveraign authority , prerogative royal , & absolute power foresaid : whereby what remains of our fundamental constitutions , either in religious or civil settlements , unsubverted as yet , may be subverted when this absolute monarch pleases . which absolute authority we cannot in conscience oune , for these reasons , taken both from reason & scripture . first it s against reason . . a power contrare to nature cannot be ouned : absolute power is such : for that which takes away , and makes the people to give away , their natural power of preserving their lives & liberties , and sets a man above all rule & law , is contrare to nature ; such is absolute power , making people resign that which is not in their power to resign , an absolute power to destroy & tyrannize . . a power contrare to the first rise of its constitution cannot be ouned : absolute power is such : for , the first rise of the constitution is a peoples seting a soveraign over them , giving him authority to administer justice over them ; but it were against this , to set one over them with a power to rage at randome , and rule as he lists : it s proven before , a king hath no power but what the people gave him , but they never gave , never could give an absolute power to destroy themselves . . that power which is against the ends of government cannot be ouned : absolute power is such : for , that which will make a peoples condition worse then before the constitution , and that mean which they intended for a blessing to turn a plague & scourage to them , and all the subjects to be formal slaves at the princes devotion , must needs be contrare to the ends of government : but absolute power is such : for , against the exorbitance thereof no means would be left to prevent its obstructing all the fountains of justice , and commanding laws & lawyers to speak , not justice righteousness & reason , but the lust & pleasure of one man , and turning all into anarchy & confusion : certainly it could never be the intention either of the work or workers , at the constitution of government , to set up a power to enslave the people , to be a curse to them ; but their ends was to get comfort , safety , & liberty , under the shadow of government . . that power which invalidates , and is inconsistent with the kings compact with the people , cannot be ouned : absolute power is such : for , the tenor of that is alwise to secure laws & liberties , to rule according to law ; but to be absolute invalidates & is inconsistent with that : that which were an engagment into contradictories cannot consist with that compact ; but to engage to be absolute , and yet to rule by law , is an engagment into contradictories , which no people could admit for a security : it s inconsistent with this compact , to give the king absolute power to overturn religion & liberty , and to assume it which was never given , were to invalidate this compact , and to make himself no king ; but to restore unto the people the power they conferred upon him , for the defence of religion & liberty . ▪ that power which is not from god , nor of god , cannot be ouned : but absolute power is not of god ; because it is a power to tyrannize & sin , which if it were of god he should be the author of sin ; for if the moral power be of god , so must the acts be ; but the acts of absolute power , being lawless , cannot be from god : ergo neither the moral power to commit these acts . . that ruler who cannot be gods minister for the peoples good cannot be ouned : ( for that is the formal reason of our consfiencious subjection to rulers rom. . , . ) but absolute soveraigns are such as cannot be gods ministers for the peoples good ; for if they be gods ministers for good , they must administer justice , preserve peace , rule by law , take directions from their master ; and if so , they cannot be absolute . . a tyrant in actu signato & exercito cannot be ouned : but an absolute prince is such ; being a power that may play the tyrant if he pleases , and jure as king : and so if kings be actu primo tyrants , then people are actu primo slaves ; and so royal power cannot be a blessing to them : yea a lawless breaker of all bonds , promises , & oaths , cannot be ouned as lawful power : but absolute power is such : for , it cannot be limited by these obligations , at least people cannot have any seurity by them . . a lawless power is not to be ouned : an absolute power is a lawless power : ergo not to be ouned . the major is plain . cicero sayes lib. . de officio eadem constituendarum legum causa fuit , quae regum the reason of making lawes was the same , as of the creation of kings . and buchanan de jure regni very excellently ; when the lust of kings was in stead of laws , and being vested with an infinite & immoderate power , they did not contain themselves within bounds — the insolency of kings made laws to be desired ; for this cause laws were made by the people , and kings constrained to make use , not of their licencious wills in judgment , but of that right & priviledge which the people had conferred upon them , being taught by many experiences , that it was better that their liberty should be concredited to laws , than to kings ; better to have the law which is a dumb king , than a king who is not a speaking law. if then laws be necessary for the making of kings , and more necessary than kings , and the same cause requirs both , then a king without laws is not to be ouned . rex must be lex loquens ; a king must be a speaking & living law , reducing the law to practice : so much then as a king hath of law , so much he hath of a king ; and he who hath nothing of the law , hath nothing of a king. magna charta of england saith , the king can do nothing but by law , and no obedience is due to him but by law. buchanan rehearses the words of the most famous emperours , theodosius & valentinianus to this effect , digna vox majestate regnantis , legibus se alligatum principem fateri ; & revero imperio majus ost , submittere legibus principatum . it is , say they , a word worthy of the majestie of a king , to confess he is a tyed prince to the laws , and indeed it is more to submit a principality to the laws , than to enjoy an empire . but now that an absolute power must be a lawless power , is also evident ; for that 's a lawless power that makes all laws void , needless & useless : but such is absolute power : for , it cannot be confined to the observance of laws . . that power which is destructive to the peoples liberties cannot be ouned : absolute power is such : for , such a licencious freedom as is absolute , cannot consist with the peoples liberties ; for these he may infringe when he pleases : now these , in their oun nature , and in all respects , being preferable to the kings prerogative , and it being no prerogative which is not consistent with , yea in its oun nature adapted to , the precious interests of religion & liberty , when the kings absolute authority is stated in contradictory terms to these , we cannot oune that authority : for now he hath another authority than could be given him for the preservation of these interests , in the preservation whereof he can only have an authority to be ouned , seeing he claimes a power to destroy them if he please . . if we should oune absolute authority ; then we should oune a royal prerogative in the king to make & dispense with laws : now that cannot be ouned : for , it would infer that the king had a masterly dominion over his subjects , to make lawes , & inflict penalties without their consent . and plain it is , they that make kings must have a coordinate power to make laws also ; but the people in their representatives make kings , as is proven . next a prerogative to dispense with laws , except such laws as are in their oun nature dispensable , without prejudice to any law of god or liberties of men , cannot be ouned : for any power to dispense with reason & law , not grounded on any other reason but meer will & absolute pleasure , is a brutish power . it cannot be jus coronae , a right annexed to the crown , to do so : for a king as a king illud tantum potest quod jure potest can do nothing but what he may do by law. nay this is not only a brutish power , but a blasphemous power , making him a kind of god on earth illimited , that can do what he pleases : and to dispute it further , were to dispute whether god hath made all under him slaves by their oun consent ; or whether he may encroach on the prerogative of god , or not . by this prerogative , he arrogates a power to dispense with the laws of god also , in pardoning murtherers &c. which no man hath power to do : the law of god being so peremptorly indispensable gen. . . whoso sheddeth mans blood by man shall his blood be shed . numb . . . . who so killeth any person , the murderer shall he put to death — more over ye shall take no satisfaction for the life of a murderer , but he shall be surely put to death . these pardons are acts of blood to the community . if the judgment be gods , as it is deut. . . and not for man but for the lord chron. . . then no king can arrogate a power to dispense with it , no more then an inferior judge can dispense with the kings laws : for the king is but a minister , bearing the sword not in vain , but as a revenger to execute wrath upon them that do evil rom. . . they are but bastard kings who give out sentances out of their oun mouth , contrary to gods mind . and if he may do acts of grace by prerogative above law , then may he also do acts of justice ( so pretended ) by the same prerogative ; and so may murder innocents , as well as pardon murderers , he may condemn the just as well as justify the wicked , both which are alike abomination to the lord pro. . . this power cannot be ouned in any man. . to oune absolute power , were to recognosce the king as the proper & sole interpreter of the law. this buchanan shews to be very absurd : cum regi legum interpretationem &c. when yow grant the interpretation of laws to a king ; yow give him such a licence , that the law should not speak what the lawgiver meaneth but what is for the interpreters interest ; so that he may turn it to all actions , as a lesbian rule , for his oun advantage ; and so what he pleases the laws shall speak , and what he will not it shall not speak . now the kings absolute pleasure , can no more be the sense of the law , than it can be the law it self : he is king by law , but he is not king of law : no mortal can make a sense to a law , contrare to the law ; for it involves a contradiction ; the true meaning is only the law. this also would take away the use of all laws ; for they could not declare what were just & unjust , but as the king pleased ; their genuine sense could not be the rule . . if we oune the law to be above the king , then we cannot oune the king to be absolute : but the former is true : for , he must be under it several wayes : ( ) under its directive power ; that will not be denyed . ( ) under its constitutive power : he is not a king by nature , but by constitution & law : therefore the law is above the king ; because it s only from the law that there is a king , and that such a man and not another is king , and that the king must be so & so qualified , and they that made him a king may also unmake him by the same law. ( ) under its limiting & restrictive power , as a man he cannot be absolute , nor as a king by law. ( ) under its coactive power . a law maker , said king iames the . should not be a law breaker : but if he turn an overturner of the fundamental laws , that law or covenant that made him king , doth oblige to unmake him . whatever power he hath it is only a borrowed , fiduciary power , as the nations publick servant : and that which was lent him in pledge or paun , may be reclaimed , when abused by him . especially if he turn parricide , kill his brother , murder his nobles , burn cities , then he may & ought to be punished by law. otherwise , god should have provided better for the safety of the part , than of the whole , though that part be but a mean for the safety of the whole : for if he turn tyrant in his absoluteness , the people must be destroyed , if they may not repress him ; thus he is secured , and the whole exposed to ruine . yea , if he be a man as well as a king , he must be under rule of law ; and when he transgresses , either his transgressions are punishable by men , or they are not transgressions with men , see many arguments to this purpose in lex rex quest. . . . . . . . but secondly i prove it by scripture . even as king he is regulated by law , not to multiply horses , nor wives , nor money , but to keep the words of the law , and not lift up himself above his brethren , deut. . , , , . he must observe to do according to the law , and not turn from it to the right hand or to the left iosh. . . ergo he must not be absolute . . he is certainly under that law , math. . . what so ever ye would that men should do to yow do ye even so to them : which is the universal fundamental law. if then he would have us keeping in our line of subordination to him , he must keep his line , and so cannot be absolute . . what is gods dwe & peculiar prerogative , can be ouned in no mortal : but absolute power is gods due & peculiar prerogative . he alone does whatsoever pleaseth him psal. . . he alone worketh alle things after the counsel of his oun will eph. . . acts or commands founded upon the sole pleasure of the agent , are proper to god. its gods will and not the creatures , that can make things good or just . it s blasphemy therefore to ascribe absolute power to any creature . . that which the spirit of god condemned as a point of tyranny in nebuchadnezzar , that is no prerogative to be ouned : but the spirit of god condemned this in him , proceeding from absolute power , that whom he would he slew , and whom he would he kept alive , whom he would he set up , and whom he would he put doun , and his heart was lifted up dan. . . . . that which god condemns & threatens in tyrants in the word in general , cannot be ouned : but absolute power , god condemns & thereatens in the word in general ; that they turned iudgement into gall , and said , have we not taken to us horns by our oun strength ? amos. . . . . the word of god speaks nothing of the kings absolute prerogative , to make laws as he will. it is plain the kings of iudah had it not ; but the sanhedrin had a great part of the nomothetick power , and of the punitive power in a special manner : the princes & people had it by ieremahs acknowledgment ier. . . and zedekiah confesses to them ; the king is not he that can do any thing against yow ier. . . . we find the king in scripture had not an absolute power , to expone or execute the law as he would : saul made a law sam. . ● . cursed be the man that eats any food until evening . but expening it , & thinking to execute it after a tyrannical manner , he was justly resisted by the people , who would not let him kill innocent ionathan . . nor had he the sole power of interpreting it : for inferior judges were interpreters , who are no less essential judges than the king , who are set to judge for the lord , and not for the king cron. . . and therefore they were to expone it according to their oun conscience , and not the kings . they were to speak righteousness & iudge uprightly psal. . . hence called gods , as well as kings psal. . . there was no essential difference between a king of gods approving and a judge ; there being but one law to both deut. . . he was subject to judgment as well as others : for being but a brother , even while on the throne , who was not to lift up his heart above his brethren , deut. . ult . when his cause was to be judged , his person though never so great was not to be respected ; nor were they to be afrayed of the face of man , for the judgment was gods deut. . . therefore the judges were to give out sentence in judgment , as if the lord were to give it out : there was no exception of kings there . yea , we find according to common law , they judged & punished offending kings , as shall be made appear . . if they were under church censures , then they were not absolute : but we find kings were under church censures ; not only rebuked sharply to their face , of which we have many instances ; but also subjected to church discipline , as uzziah shut up for his leprosie . and certainly at all times this must be extended to all : for the king is either a brother , or not : if not , then he should not be king , according to the scripture deut. . . then also he is not a christian , nor can he say the lords prayer : if he be , then if a brother offend , he is subject to the church math. . there is no exceptions of kings there . the objection from eccles , . . . — he doth whatsoever pleaseth him where the word of a king is there is power , and who may say unto him , what doest thow ? is of no significancy here . for. . this argument will enforce absolute obedience , if the power be to be taken absolutely ▪ for it is obedience that is there commanded : and so we must not only oune the absolute authority , but obey it without reserve , which never any yet had the impudence to plead for , until iames the unjust claimed it in a scots proclaimation : but we answer , it is better to obey god than man , . if he may do whatsoever pleases him , then he may turn priest , then he may kill whom he pleases , & take possession ; and yet for saules usurpation samuel could say more than what doest thow ? even to tell him , he had done foolishly , and his kingdom should not continue sam. . . . and for ahabs tyranny , el●ah could tell him , the dogs shall lick thy blood even thine king. . . and ezekiel , thow profane wicked-prince of israel ezek. . . . the meaning is then only this ; that a righteous king , his just power may not be controlled ; he is armed with power that may not be resisted , for he beareth not the sword in vain , and therefore we must not stand in an evil matter against them i conlude then this argument , with the words of an ingenious author , upon this same subject , both in thesi & hypothesi : whosoever shall offer to rule arbitrarly , does immediatly cease to be king de jure . seeing by the fundamental , common & statute-laws of the realme , we know none for supreme magistrate & governour but a limited prince , and one who stands circumscribed & bounded in his power & prerogative . ill effects of animosities . pag. . . from what is said this is the result , that it is essentially necessary to a moral power & authority , to have a right & title , without which we can oune none , but as a tyrant sine titulo . for what is authority , but a right to rule ? if then it have not a right , it is not authority . this will be undeniable , if we consider , that as private dominon , or property , consists in a right to enjoy ; so publick dominion , in a right to rule . some things indeed are exposed to the common & arbitrary use of every man , and also at the begining , by reason of the fewness of mankind , dominion was not reduced to distinct property ; yet now , upon the multiplication of occupants , of necessity it must be stated by peculiar appropriation , from the law of nature , and by the grant of the supreme king , who hath given the earth to the children of men psal. . , not to be catched up as the food of beasts , which the stronger seise , and the weaker get only what the other leave them , but divided by right as an inheritance , by him who separated the sons of adam and set the bounds of the people deut. . . especially publick dominion cannot be without a foundation for its relation to the subjected , and must be so tied up , that it may be said , this man is to command and these are to obey . i shew that authority is from god both by institution & constitution ; so that the subjects are given to understand , such an one is singled out by god to sustain this authority , by prescribing a rule for mens entry into the authoritative relation , whereby he communicates that power to them which is not in others , and which otherwise would not be in them . hence it is that orderly admittance that must give the right , and upon mens having or not having such an entrance to it depends the reality or nullity of the power they challenge . where therefore there is no lawful investure , there is no moral power to be ouned ; otherwise iohn of leyden his authority might have been ouned : the unlawfulness of such a power consists in the very tenore it self , and if we take away the use or holding of it , we take away the very being of it : it is not then the abuse of a power lawfully to be used , but the very use of it is unlawful . but in the usurpation of this man , or monster rather that is now mounted the throne , there is no lawful investure in the way god hath appointed , as is shewed above . ergo there is no moral power to be ouned . to clear this alitle further , it will be necessary to remove the ordinary prentences , pleaded for a title to warrant the ouning of such as are in power . which are three chiefly viz. possession , conquest , and hereditary succession . the first must be touched more particularly , because it hath been the originate error , & spring of all the stupid mistakes about government , and is the pitiful plea of many even malecontents , why this mans authority is to be ouned , asserting that a person attaining & occupying the place of power ( by whatsoever means ) is to be ouned as the magistrate . but this can give no right : for . . if providence cannot signify gods approbative ordination , it can give no right ; for without that there can be no right : but providence cannot signify his approbative ordination : because that , without the warrant of his word , cannot signify either allowance or dissallowance , it is so various , being often the same to courses directly contrary , and oftentimes contrary to the same course : sometimes favouring it , sometimes crossing it , whether it be good or bad : and the same common providence may proceed from far different purposes , to one in mercy , to another in judgment ; and most frequently very disproportionable to mens wayes : providence places sometimes wickedness in the place of iudgment , and iniquity in the place of righteousness eccless . . . that is not by allowance . by providence it happens to the just according to the work of the wicked , and to the wicked according to the work of the righteous eccless . . . no man knoweth either love or hatred by all that is before them , all things come alike to all , there is one event to the righteous and to the wicked eccel . . . it were a great debasing of the lords anointed to give him no other warrant then sin hath in the world , or the falling of a sparrow . . either every providential possession , in every ease , gives a title : or god hath declared it as a law , that it shall be so in this particular matter of authority only . the first cannot be said : for , that would justify all robbery : nor the second , for where is that law found ? nay it were impious to alledge it ; for it would say , there is no unjust possessor or disorderly occupant , but if he were once in the possession , he were right enough : and then usurpation would be no sin . . if none of the causes of magistracy be required to the producing of this possessory power , then it cannot give or have any right ; for without the true causes it cannot be the true effect , and so can have no true right to be ouned : but none of the causes of magistracy are required to the production of this ; neither the institution of god , for this might have been if magistracy had never been instituted ; nor the constitution of men , for this may usurp without that . . that which must follow upon the right , and be legitimated by it , cannot be ouned as the right , nor can it give the title : but the possession of the power , or the possessory exercise thereof , must follow upon its right , and be legitimated by it . ergo — a man must first be in the relation of a ruler , before he can rule ; and men must first be in the relation of subjects , before they obey . the commands of publick justice , to whom are they given but to magistrats ? they must then be magistrats , before they can be ouned as the ministers of justice : he must be a magistrate before he can have the power of the sword , he cannot by the power of the sword make himself magistrate . . that which would make every one in the possession of the magistracy , a tyrant , can not be ouned : but a possessory occupation giving right , would make every one in possession of the magistracy a tyrant , can not be ouned : but a possessory occupation giving right , would make every one in possession a tyrant ; for , that which enervats & takes away that necessary distinction between the kings personal capacity & his legal capacity , his natural & his moral power , will make every king a tyrant ( seeing it makes every thing that he can do as a man , to be legally done as a king ) but a possessory occupation giving right , would enervate & take away that distinction : for how can these be distinguished in a meer possessory power ? the mans possession is all his legal power ; and if possession give a right , his power will give legality . . what sort or size of possession can be ouned to give a right ? either it must be partial or plenary possession : not partial , for then others may be equally entitled to the government , in competition with that partial possessor , having also a part of it : not plenary , for them every interruption or usurpation on a part , would make a dissolution of the government . . hence would follow infinite absurdities : this would give equal warrant in case of vacancy to all men to step to , & stickle for the throne , and expose the common wealth as a booty to all aspiring spirits ; for they needed no more to make them soveraigns , and lay a tye of subjection upon the consciences of people , but to get into possession : and in case of competition , it would leave people still in suspense & uncertainties whom to oune , for they behoved to be subject only to the uppermost , which could not be known until the controversy be decided : it would cassate & make void all preobligations , cautions , & restrictions from god about the government : it would cancel and make vain all other titles of any , or constitutions , or provisions , or oaths of allegiance : yea to what purpose were laws , or pactions made about ordering the government , if possession gave right , & laid an obligation on all to oune it ? yea then it were sinful to make any such provisions , to fence in & limit the determination of providence , if providential possession may authorize every intruesive acquisition to be ouned : then also in case of competition of two equal pretenders to the government , there would be no place left for arbitrations : if this were true , that he is the power that is in possession , the difference were at an end ; no man could plead for his oun right then : in this also it is inconsistent with it self , condemning all resistence against the present occupant , yet justifying every resistence that is but successful to give possession . . that which would oblige us to oune the devil & the pope , cannot be a ground to oune any man : but if this were true , that possession gave right , it would oblige us to oune the devil & the pope . satan we find claiming to himself the possession of the worlds kingdoms luk. . . which as to many of them is in some respect true , for he is called the god of this world , and the prince of this world iohn . . . cor. . . are men therefore obliged to oune his authority ? or shall they deny his , and acknowledge his lievtenant , who bears his name , and by whom all his orders are execute , i mean the man that tyranizes over the people of god ? for he is the devil that casts some into prison revel . . . again the pope , his captain-general , layes claim to a temporal power & ecclesiastick both , over all the nations , and possesses it over many ; and again , under the conduct of his vassal the duke of york , is attempting to recover the possession of britain : shall he therefore be ouned ? this cursed principle disposes men for poperie , and contributes to strengthen poperie & tyrannie both on the stage , to the vacating of all the promises of their dispossession . . that which would justify a damnable sin , and make it a ground of a duty , cannot be ouned : but this fancy of ouning every power in possession would justify a damnable sin , and make it the ground of a duty : for , resistence to the powers ordained of god is a damnable sin rom , . . but the resisters having success in providence may come to the possession of the power , by expelling the just occupant ; and by this opinion that possession would be ground for the duty of subjection for conscience sake . . if a self-created dignity be null and not to be ouned , then a meer possessory is not to be ouned : but the former is ttue : as christ saith , iohn . s. . if i honour myself my honor is nothing . . that which god hath disallowed cannot be ouned : but god hath expresly disallowed possession without right ezek. . . i will overturn , overturn , overturn it until he come whose right it is , hos. . . they have set up kings & not by me . math. . . all they that take the sword shall perish with the sword ; by this the usurper of the sword is differenced from the true ouner . . many scripture examples confut this ; shewing that the possession may be in one , and the power with right in another . david was the magistrate , and yet absalom possessed the place sam. . . . . . chap. shebah also made a revolt and usurped the possession in a great part , and yet david was king sam. . . adonijah got the start in respect of possession , exalting himself , saying , i will be king : yet the kingdom was solomons from the lord. king. . ch . the house of ahaziah had not power to keep still the kingdom chron. . . and athaliah took the possession of it , yet the people set up ioash . . next we have many examples of such who have invaded the possessor , witness iehoram & iehoshaphat their expedition against mesba king of moah , elisha being in the expedition king. . , . hence we see the first pretence removed . the second is no better ; which augustine calls magnum latrocinium a great robberie ; i mean conquest ; or a power of the sword gotten by the sword : which that it can give no right to be ouned , i prove . . that which can give no signification of gods approving will , cannot give a title to be ouned : but meer conquest can give no signification of gods approving will , as is just now proven about possession : for then the lord should have approven all the unjust conquests that have been in the world . . either conquest as conquest must be ouned , as a just title to the crown ; and so the ammonites , moabites , philistims &c. prevailing over gods people for a time ; must have reigned by right : or as a just conquest , in this case conquest is only a mean to the conquerours seising & holding that power , which the state of the war entitled him unto , and this ingress into authority over the conquered is not grounded on conquest but on justice , and not at all privative but inclusive of the consent of the people ; and then it may be ouned ; but without a compact , upon conditions of securing religion & liberty , the posterity cannot be subjected without their consent : for , what ever just quarrel the conquerour had with the present generation , he could haue none with the posterity , the father can have no power to resign the liberty of the children . . a king as king , and by virtue of his royal office , must be ouned to be a father , tutor , protector , shepherd , & patron of the people : but a mere conquerour without consent cannot be ouned as such . can he be a father & patron to us against our will , by the sole power of the sword ? a father to these that are unwilling to be sons ? an head over such as will not be members ? and a defender through violence ? . a king as such is a special gift of god , and blessing not a judgement : but a conquerour as such is not a blessing but a judgement , his native end being not peace but fire & sword . . that which hath nothing of a king in it , can not be ouned to make a king : but conquest hath nothing of a king in it ; for it hath nothing but violence & force , nothing out what the bloodyest villain that was never a king may have , nothing of gods approving & regulating will , nothing of institution or constitution ; and a plain repugnancy to the ordination of god , for god hath said , thow shalt not kill ; conquest sayes , i will kill , and prosper , & reign . . a lawful call to a lawful office may not be resisted : but a call to conquest , which is nothing but ambition or revenge , ought to be resisted ; because not of gods preceptive will , otherwise he should be the author of sin . . that power which we must oune to be the ordinance o● god , must not be resisted rom. . . but conquest may be resisted in defence of our king & country : therefore it must no be ouned to be the ordinance of god. . that which god condemns in his word cannot be ouned : but dominion by the sword god condemns in his word ezek. . . ye stand upon your sword — and shall possess the land , amos . . ye rejoice in a thing of naught which say , have we not taken horns to us by our oun strength . habhak . . , — wo to him that encreaseth that which is not his , how long &c. . we have many examples of invading conquerours : as abraham for the rescue of lot pursued the conquering kings unto dan. gen. . . ionathan smote a garison of the conqueering philistims sam. . . the lord ouning & authorizing them so to do . the people did often shake off the yoke of their conquerours in the history of the judges : but this they might not do to their lawful rulers . what is objected from the lords people conquering canaan &c. is no argument for conquest : for he , to whom belongs the earth and its fullness , disponed to israel the land of canaan for their inheritance , and ordained that they should get the possession thereof by conquest : it followeth not , therefore that kings now , wanting any word of promise or divine grant to any lands , may ascend to the thrones of other kingdoms than their oun , by no better title than the bloody sword . see lex rex quest . the third pretence , of hereditary succession remaines to be removed : which may be thus disproven . . this clashes with the former , though commonly asserted by royalists . for either conquest gives a right , or it does not : if it does , then it looses all allegiance to the heirs of the crown dispossessed thereby : if it does not give a right , then no hereditary succession founded upon conquest can have any right , being founded upon that which hath no right : and this will shake the most part of hereditary successions that are now in the world . . if hereditary succession have no right , but the peoples consent ; then of it self it can give none to a man that hath not that consent : but the former is true . for , it is demanded , how doth the son or brother succeed ? by what right ? it must either be by divine promise ; or by the fathers will ; or it must come by propogation from the first ruler , by a right of the primogeniture : but none of these can be . for the first , we have no immediate divine constitution tying the crown to such a race , as in davids covenant : it will be easily granted , they fetched not their charter from heaven immediatly , as david had it , a man of many peculiar prerogatives , to whose line the promise was astricted of the coming of messias , and iacobs prophesie that the scepter should not depart from iudah until his coming gen. . . was restricted to his family afterwards : wherefore he could say , the lord god of israel chose me befor all the house of my father to be king over israel for ever , for he hath chosen iudah to be the ruler , and of the house of iudah the house of my father , and among the sons of my father he liked me to make me ▪ king over israel , and of all my sons he hath chosen solomon chron. . . . all kings cannot say this ; neither could saul say it , though immediatly called of god as well as david : yet this same promise to david was conditional , if his children should keep the lords wayes chron. . . next it cannot be said this comes from the will of the father ; for according to the scripture , no king can make a king , though a king may appoint & design his son for succession , as david did solomon , but the people make him . the father is some way a cause why his son succeedeth , but he is not the cause of the royaltie conferred upon him by line : for the question will recur , who made him a king ? and his father ? & grand father ? till we come up to the first father . then , who made him a king ? not himself : therefore it must be refounded upon the peoples choise & constitution : and who appointed the lineal succession , and tyed the crown to the line , but they ? it is then at the best , the patrimony of the people , by the fundamental law of the kingdom , conferred upon the successor by consent . and generally it is granted , even where the succession is lineal , he that comes to inherit , doth it not jure hereditario but vi legis , he does not succeed by heritage but by the force of law ; the son then hath not his kingdom from his father but by law , which the people made & stand to , as long as it may consist with the reasons of publick advantage , upon which they condiscended to establish such a family over them . neither can it be said , it is by a right of primogeniture propogated from the first ruler ; for this must either be adam the first of the world ; or fergus v. g. the first of this kingdom . it could not come from adam as a monarch & father of all : for that behoved to be , either by order of nature , or his volun●ary assignment : it could not be transferred by order of nature ; for besides the difficulty to find out adams successor , in the universal monarchy , and the absurdity of fixing it on cain ( who was a cursed vagabond , afraied of every man , and could not be an universal monarch yet adams first born ) it will be asked , how this passed from him unto others ? whether it went by father-hood to all the sons , fathers to their posterity ? which would multiply as many common wealths , as there have been fathers since : or if it went by primogeniture only to the first born , that he alone could claim the power which would infer the necessity of an universal monarchy , without multiplication of common-wealths . if it was by his voluntary assignment , to whom & in what proportion he pleased ; then the universal monarchy died with himself , and so could not be conveyed at all : for , either he behoved to give each son a share , to be conveyed dounwards to their children in that proportion ; or whole & solide to one : so also the former dilemma recurs , for if the first be said , it will make as many litle kingdoms as there have been sons of adam ; if the second , the world should be but still one kingdom . but however it be , this could never be the way that god appointed , either for raising a magistratical power where it is wanting , or deriving a right to any in being ; considering the multiplication , division , confusion , & extinction of families that have been . if it be from fergus the first of this line ; then either it comes from him as a king , or as a father : not the first , for the reason above hinted : nor as a father ; for a father may defraud his son of the heritage , a king cannot deprive his son of the crown ; a father may divide his heritage , a king cannot divide the kingdom among his sons ; it must then be at length refounded on the peoples consent . if even where lineal succession is constituted by law , for eviting the inconveniences of frequent elections , people are not tied to admit every first born of that line ; then that birth righr , where there is no more , cannot make a king : but the former is true ; for they are tied only conditionally , so he be qualified , and have a head to sit at the helme , and not a fool or monster , neither are they free to admit murderers or idolaters by the laws of god and of the land : it is not birth then , but their admission being so qualified , that makes kings . hence . . that which takes away the peoples birth-right , given them of god to provide for their liberties in the fitest government , that is not to be ouned : but to make birth alone a tile to the crown , takes away the peoples birth-right given them of god of providing for their liberties in the fitest government , and fetters their choise to one destructive to these . certainly where god hath not bound the conscience , men may not bind themselves nor their posterity : but god hath never fettered men to a choise of a government or governing line , which contrary to the intention of the oath may prove destructive to the ends thereof . nor can the fathers leave in legacy by oath , any chains to fetter the after wits of posterity to a choise destructive to religion & liberty . israel was bound by covenant not to destroy the gibeonites ; but if they had risen to cut off isael , who can doubt but they were loosed from that obligation ? for to preserve cut-throats was contrary to the intention of the oath : so when either monarchy , or the succeeding monarch , proves destructive to the ends of government , the choice , law , or oath of our fathers , cannot bind us . . if we are tied to the hereditary succession , not for the right the successor hath by birth , but for our covenanted allegiance to them whose successor he is ; then cannot his birth-right be the ground of our allegiance , and consequently hereditary succession cannot make a king : but the former is true ; for in hereditary crowns , the first family being chosen by the suffrages of the people , for that cause the hereditary prince comes to the throne , becanse his first father , and in him the whole line , was chosen : the hereditary successor hath no priviledge or prerogative , but from him who was chosen king. therefore the obligation to the son , being no greater than the obligation to the father , which is the ground of that , if the father then was ouned only because he was chosen & qualified for government , the son cannot be ouned for any other cause , but as chosen in him , and also qualified and admitted with consent . we cannot choose the father as qualified , and tye our selves to the successors , be what they will. . if a king be not born heir of a kingdom , then is he not king by birth ; but he is not born heir of a kindom : for , a mean cannot be born to inherit the end , the king is but a mean for the kingdoms preservation . if the kingdom be his by birth as an inheritance , why may he not upon necessary occasions sell his inheritance ? but if he sell it , then all confess he is no more king. . if that which makes a king cannot be transmitted from father to son ; then succession by birth cannot make a king : but the former is true . the royal faculty of governing cannot be transmitted : solomon asked it from god , he had it not from his father : nor can he be born to the honour of a king , because not born with either the gift or honour to be a iudge . god maketh high & low , not birth . nor can the call & constitution of a king according to the will of god be transferred from father to son , for that cannot be in gods way without the intervening consent of the people , that cannot make him a born king. . if no dominion can come by nature , as is proven before , then can no man be a born king : nature & birth cannot give them a scepter in their hand ; nor kingly majestie they must have that alone from god & the people , and may only expect honour from their oun good government : kings ( as plutarch sayes ) must be like dogs that are best hunters , not these who are born of best dogs . . the peculiar prerogative of iesus christ must not be ascribed to any other : but this is his peculiar prerogative , to be a born king of whom it might be truely faid , where is he that is born king of the iewes ? and for this end was he born , who came out of the womb with a crown on his head , which no creature can bear . . in scripture we find that a king was to be so & so qualified , not a stranger , but a reader of gods word &c. deut. . . &c. he was not qualified by naked birth . hence , if all the qualifications requisite in an heir cannot make a king qualified according to the institution of god , then his being heir cannot make him king : but the first is true ; an heir may be an heir without these qualifications . . we find in the scripture , the people were to make the kings by that law deut. . thow shalt choose him whom the lord chooseth : yea neither saul nor david were kings , till the people met to make them : therefore birth never made them kings , even though the kingdom was tied to davids line . that was only a typical designment by special promise , because christ was to come of that line ; it was therefore established in davids family for typical reasons , that cannot be now alledged . . we find in the disposal of government among brethren , this birth-order was not seldom inverted ; as when iacoh was preferred before esaw , iudah before all the elder sons of iacob . ephraim before manasseh , solomon before adonijah . hence if this gentleman now regnant , have no better pretences than these now confuted , we cannot recognosce his right to reign : yea though this last were valid , yet he cannot plead it , it being expressly provided in our laws against the succession of a papist . but there is one grand objection against all this . the jewes and other nations are commanded to bring their necks under the yoke of the king of babilon and to serve him , and yet he had no other right to these kingdom , then the lords providential disposal , because the lord had given all these lands into his hand , ier. . , , . ans. . he was indeed an unjust usurper , and had no right but the lord providential gif● ; which sometimes makes the tabernacles of robbers prosper into whose hand god bringeth abundantly iob. . . and gives iacoh sometimes for a spoil and israel to the robbers isai. . . and giveth power to the beast to continue forty & two moneths , and to have power over all kindreds & tongues & nations revel . . , . his tyranny also was very great extensively , in respect of his oppressions & usurpations by conquest : but it was not so great intensively , as our robbers & spoilers may be charged with ; he was never such a perverter of all the ends of government , nor a treachrous overturner of all conditions , he was never a persecuter of the iewish religion , he never oppressed them upon that account , nor endeavoured its extirpation , he never enacted such mischiefs by law. the lord only made use of him to bring about the holy ends of the glory of his justice & wisdom , in which respect alone he is called his servant , as else where his ●od & hammer , having given him a charge against an hypocritical nation to trample them doun in his holy providence , and accordingly there was no resistence could prevail , they must be trampled upon , no help for it ; but no subjection was required , acknowledging his magistratical right by divine ordinance , but only a submissive stooping to the holy disposal of divine providence ; no ouning was exacted either of the equity of that power , or of fealtie to the administrator . . this behoved to be a particular command , by positive revelation given at that time , not binding to others in the like condition ; which i refer to the judgment of the objectors : put the case , and make it run paralel , if the king of england were in league with the king of france , and breaking that league should provoke that aspiring prince , growing potent by many conquests , to discover his designs , make preparations , and give out threatenings for the conquest of england & all brittain ; were the people of england bound to surrender themselves as servants & tributaries to him , for years or for ever , under pain of destruction , if they should not ? this were one of the most ridiculous inferences , that ever was pleaded : nay it would make all refusal of subjection to invaders unlawful . . i will draw an argument from this to confirm my plea : for these commands of subjection to babilon , were not delivered until after the king of iudah had surrendered to nebuchadnezzar , and entered into covenant with him to be subject to him . king. . chap. in keeping which covenant the kingdom might have stood , and after he had rebelled against him and broken that covenant , when lo he had given his hand ; after which he could not prosper , or escape , or be delivered , ezek. . , , , chron. . . then the commandment came , that they should disoune their oune king zedekiah , now forefeiting his right by breach of covenant , and be subject to nebuchadnezzar . whence i argue , if people are commanded to disoune their covenant-breaking rulers , and subject themselves to conquerours ; then i have all i plead for : but the former is true , by the truth of this objection : ergo also the latter . there is a obj. from rom. . . let every soul be subject to the higher powers , the powers that be are ordained of god : yet the roman emperour , to which they were to be subject , was an usurper . ans. . it cannot be proven that the apostle intendeth here the roman emperour as the higher power : there were at this time several competitions for the empire , about which christians might have their oun scruples whom to oune ; the apostle does not determine their litigations , nor interest himself in parties , but gives the general standart of gods ordinance they had to go by . and the best expositors of the place do alle●ge , the question & doubt of christians then , was not so much in whom the supremacy was ? as whether christians were at all bound to obey civil power , especially pagan ? which the apostle resolves , in giving general directions to christians , to obey the ordinance of magistracy , conforme to its original , and as it respects the end for which he had & would set it up , but no respect is there had to tyrants . . it cannot be proven that the supreme power then in being was usurpative : there being then a supreme senate , which was a lawful power ; nor that nero was then an usurper , who came in by choise & consent , and with the good liking of the people . . the text means of lawful powers , not unlawful force , that are ordained of god by his preceptive will not meerly by his providential disposal , and of consciencious subjection to magistracy , not to tyranny , describing & characterizing the powers there , by such qualifications as tyrants & usurpers are not capable of . but i mind to improve this text more fully hereafter , to prove the quite contrary to what is here objected . . from the right of magistracy , flowes the magistratical relation ; which is necessary to have a bottom , before we can build the relative duties thereof . this brings it under the fifth commandment , which is the rule of all relative duties between inferiours & superiours , requiring honour to be given to fathers , masters , husbands &c. and to rightful magistrates , who are under such political relations , as do infer the same duties ; and prohibiting not only the omission of these duties , but also the committing of contrary sins ; which may be done , not only by contrary acts , as dishonouring & rebelling against fathers , magistrats &c. but also by performing them to contrary objects , as by giving the fathers due to the fathers opposite , and the magistrats due to tyrants who are their opposites . certainly this command prescribing honour , doth regulate to whom it should be given ; and must be understood in a consistency with that duty , and character of one that hath a mind to be an inhabitant of the lords holy hill psal. . . in whose eyes a vile person is contemned but he honoureth them that fear the lord. so that we sin against the fifth command , when we honour them that we are obliged to contemn by another command . hence i argue , if ouning or honouring of tyrants be a breach of the fifth command ; then we cannot oune their authority : but the former is true : ergo the latter . i prove the assumption . a honouring the vile to whom no honour is due , and who stand under no relation of fathers as fathers , is a breach of the fifth command : but the ouning of tyrants authority is a honouring the vile to whom no honour is due , and who stand under no relation of fathers , and is yet a honouring them as fathers : ergo the ouning of tyrants authority is a breach of the fifth command . the major is clear : for if the honouring of these to whom no honour is due , were not a breach of the fifth command ; that precept conld neither be kept at all , nor broken at all . it could not be kept at all : for , either it must oblige us to honour all indefinitely , as fathers , and other relations , which cannot be : or else it must leave us still in suspence & ignorance , who shall be the object of our honour ; and then it can never be kept : or finally it must astrict our honouring to such definite relations , to whom it is due ; & then our transgression of that restriction , shall be a breach of it . next if it were not so , it could not be broken at all : for if prostituting & abusing honour be not a sin , we cannot sin in the matter of honour at all ; for if the abuse of honour be not a sin , then dishonour also is not a sin , for that is but an abuse of the duty , which is a sin as well as the omission of it . and what should make the taking away of honour from the proper object to be sin , and the giving it to a wrong object to be no sin ? moreover if this command do not restrict honour to the proper object ; we shall never know who is the object : how shall we know who is our father , or what we owe to him , if we may give another his due ? the minor also is manifest : for if tyrants be vile , then no honour is due to them , according to that psal. . . and yet it is a honouring them as fathers if they be ouned as magistrats ; for magistrats are in a politick sense fathers : but certain it is that tyrants are vile , as the epithets & characters they get in scripture prove . but because , in contradiction to this , it may be said ; though fathers be never so wicked , yet they are to be honoured because they are still fathers , and though masters be never so vile and froward , yet they are to be subjected unto pet. . - . and so of other relations , to whom honour is due by this command , therefore though tyrants be never so vile they are to be ouned under these relations , because they are the higher powers in place of eminency , to whom the apostle paul commands to yeeld subjection rom. . and peter to give submission & honour pet. . , . therefore it must be considered , that as the relative duty of honouring the relations to whom it is due , must not interfere with the moral duty of contemning the vile , who are not under these relations ; so this general moral of contemning the vile , must not ca●sate the obligation of relative duties , but must be understood with a consistency therewith , without any prejudice to the duty it self . we must contemn all the vile that are not under a relation to be honoured , and these also that are in that relation in so far as they are vile . but now tyrants do not come under these relations at all that are to be honoured by this command . as for the higher powers that paul speaks of rom. . they are not those which are higher in fo●ce , but higher in power , not in potentia but in potestate , not in a celsitude of prevalency but in a precellency of dignity , not in the pomp & pride of their prosperity & possession of the place , but by the virtue & value of their office , being ordained of god not to be resisted , the ministers of god for good , terrors to evil doers , to whom honour is due , those are not tyrants but magistrats . hence it is a word of the same root which is rendered authority , or an authorized power tim. . . and from the same word also comes that supreme to whom peter commands subjection & honour pet. . . now these he speaks of have the legal constitution of the people , being the ordinance of man to be subjected to for the lords sake . and who sends other inferior magistrats for the punishment of evil doers , and for the praise of them that do well , who are to be honoured as kings or lawful magistrats : this cannot be said of tyrants . but more particularly , to evince that tyrants & usurpers are not to be honoured according to this command , and that it is a breach of it so to do ; let us go through all these relations of superiority that come under the obligation of this command , and we shall find tyrants & usurpers excluded out of all . first , they cannot come under the parental relation : we are indeed to esteem kings as fathers , though not properly but by way of some analogy , because it is their office to care for the people , and to be their counsellers , and to defend them , as fathers do for children : but roaring lyons & ranging bears , as wicked rulers are , prov. . . cannot be fathers . but kings cannot properly be ouned under this relation , far less tyrants ( with whom the analogy of fathers cannot consist ) there being so many notable disparities betwixt kings & fathers . . a father may be a father to one child ; but a king cannot be a king or politick father to one only , but his correlate must be a community ; a tyrant can be a father to none at all in a politick sense . . a father is a father by generation to all coming out of his loyns ; a king not so , he doth not beget them , nor doth their relation flow from that ; a tyrant is a destroyer not a procreator of people . . a father is the cause of the natural being of his children ; a king only of the politick well being of his subjects ; but tyrants are he cause of the ill being of both . . a father once a father , as long as his children live , retains still the relation , thô he turn mad and never so wicked ; a king turning mad may be served as nebuchadnezzar was , at least all will grant in some cases the subjects may shake off th● king ; and if in any case , it is when he turns tyrant . . a fathers relation never ceases , whither soeuer his children go ; but subjects may change their relation to a king , by coming under another king in another kingdom ; a tyrant will force all lovers of freedom to leave the kingdom where he domineers . . a fathers relation never changes , he can neither change his children nor they change their father ; but a king may naturalize new subjects , and subjects may also change their soveraign , royalists will grant a state or common-wealth way make a king , and there is great reason sometimes that a monarchy be turned into a common-wealth ; but a tyrant changes those that are under him , expells the natives , brings in forreigners , and all good patriots do pant for a change of him every day . . a father hath no power of life & death over his children ; a king hath it over his subjects according to law ; a tyrant usurps it over the innocent against law. . a father is not a father by consent of his childeren ; as a king is by consent of his subjects ; a tyrant is neither a father with it nor without it . . a father is not made by the children ; as a king is by his subjects as was shewed ; a tyrant is neither a natural , nor by compact , but a self created power . . a father is not chosen conditionally upon compact , as a king is by the free suffrages of the community ; a tyrant in this differs from a king that he is not chosen , and in tyranny from a father . . children wanting a father cannot choose whom they will to be their father ; as subjects wanting a king may choose whom they will , and what form they please ; but though they can , yet if they be rational , they will never choose a tyrant , nor a tyrannical form of government . . children cannot restrict their fathers power to what degrees they please ; as subjects may limit their kings , at their first erection ; but a tyrant though he ought yet he will not be limited , and if he might he should be restrained . . children cannot set bounds how long they will have their fathers to continue ; subjects may condescend upon the time , in making laws how long such an one shall be their soveraign , ad vitam or ad culpam , according as the fundamental law is made at first ; tyrants ought every day to be repressed , that they should not continue at all . yet giving and not granting , that a king were to be ouned under the relation of a father ; though every man be bound to oune & mantain his fathers parental authority , yet let the case be put , that the father turns a robber , murderer , an avowed enemy to god and the country , is his person & authority in that case to be ouned , to the dishonour of god , and hurt & hazard of the country ? or ought he not rather to be delivered up even by the son to justice ? much more then will it follow , that a king who turns the more dangerous because the more powerfull robber , & legal murderer , and enemy to god & the country , cannot be ouned ; seeing the relation betwixt father & son is stronger & stricter , as having another original , than can be betwixt king & subjects , and stands unremoved as long as he is father , though turning such they ought to contribute ( in moral duty , to which their relative duty must cede ) that he should no more be a father , nor no more a living man , when dead by law. secondly , they cannot come under the herile or masterly relation , though analogically also sometimes they are stiled so , and subjects are called servants , by reason of their subjection , and because it is the office of kings to command & subjects to obey , in this there is some analogy . but kings cannot properly be ouned under this relation , as masters over either persons or goods of subjects , far less tyrans , yea kings assuming a masterly power turn tyrants . now that the magistratical relation is not that of a master , is clear from many disparities & absurdities , whether we consider the state of hired servants or slaves . for hired servants , the difference is vast betwixt them & subjects . . the hired servant gets reward for his service , by compact ; the subjects none , but rather gives the royal reward of tribute to the king for his service ; the tyrant exacts it to maintain his tyranny . . the hired servant is maintained by his master ; the subjects maintain the king ; the tyrant robbes it from them by force . . the hired servant bargains only for a time , and then may leave him ; the subject cannot give up his covenanted allegiance , at that rate and for these reasons as the servant may his service ; a tyrant wil make nor keep no such bargain . . the hired servant must have his masters profit mainly before his eyes , and his oun only secundarly ; but the magistrates power is primarly ordinated to the publick good of the community ▪ and only consequentially to the good of himself . . the master hath a greater power over the hired servant , to make & give out lawes to him , which if they be lawful he must obey ; than the king hath over the nation , to which he is not the sole lawgiver , as is shewed . . the hired servant his subjection is mercenary & servile ; but the subjects subjection is civil , free , voluntary , liberal , & ●oving to a lawful king. again for slaves , the difference between them & subjects is great . . slavery being against nature , rational people would never choose that life if they could help it ; but they gladly choose government , & governours . . slavery would make their condition worse then when they had no government , for liberty is alwise preferable ; neither could people have acted rationally in seting up government , if to be free of oppression of others they had given themselves up to slavery , under a master who may do what he pleases with them . . all slaves are either taken in war , or bought with money , or born in the house where their parents were slaves , as abraham & solomon had of that sort ; but subjects are neither captives , nor bought , nor born slaves . . slavery is not natural , but a penal fruit of sin , and would never have been if sin had not been ; but government is not so , but natural & necessary . . slaves are not their masters brethren ; subjects are the kings brethren ; over whom he must not lift up himself deut. . . . masters might purchase and sell their slaves , abimelech took sheep & men servants & gave them unto abraham gen. . . iacob had maid servants & men servants & asses gen. . . no otherwise than other goods , solomon got to himself servants and maidens , & servants born in his house eccles. . . a king cannot do so with his subjects . . princes have not this power to make the people slaves , neither from god , nor from the people : from god they have none , but to feed and to lead them sam. . . to rule them so as to feed them chron. . . psal. . , . from the people they have no power to make slaves , they can give none such . . slavery is a curse : it was canaans curse to be a servant of servants gen. . . but to have magistrats is a promised blessing ier. . . . to be free of slavery is a blessing , as the redemption from egypts bondage is every where called , and the year of redemption was a iubile of joy , so the freedom of release every seven years a great priviledge ier . . but to be free of government is a judgment isai. . , . it s threatened , israel shall abide without a king & without a prince hos. . . in the next place they cannot be ouned as masters or proprietors over the goods of the subjects ; th● in the case of necessity , the king may make use of all goods in common , for the good of the kingdom : for . the introduction of kings cannot overturn natures foundation ; by the law of nature property was given to man , kings cannot rescind that . . a man had goods ere ever there was a king ; a king was made only to preserve property , therefore he cannot take it away . . it cannot be supposed that rational people would choose a king at all , if he had power to turn a greater robber to preserve them from lesser robberies & oppressions : would rational men give up themselves for a prey to one , that they might be safe from becoming a prey to others ? . then their case should be worse by erecting of government , if the prince were proprietor of their goods , for they had the property themselves before . . then government should not be a blessing but a curse , and the magistrate could not be a minister for good . . kingdoms then should be among bona fortunae , the goods of fortune , which the king might sell & dispone as he pleased . . his place then should not be a function , but a possession . . people could not then , by their removes or otherwise , change their soveraigns . . then no man might dispose of his oun goods without the kings consent , by buying or selling , or giving almes , nay nor pay tribute , for they cannot do these things except they have of their oun . . this is the very character of a tyrant , as described sam. . . he will take your sons &c. zeph. . . her princes are roaring lyons , her iudges are evening wolves . . all the threatenings & rebukes of oppression condemn this , isai. . . . ezek. . . mic. . , . ahab condemned , for taking naboths vineyard . . pharaoh had not all the land of egypt , till he bought it gen. . . so the land became pharaohs not otherwise . yet giving and not granting that he were really a master in all these respects ; notwithstanding if he turn to pursue me for my life , because of my fidelity to my master & his both , & will withdraw me from the service of the supreme universal master , i may lawfully withdraw my self from his , and disoune him for one , when i cannot serve two masters . sure he cannot be master of the conscience . thirdly , they cannot come under the conjugal relation , though there may be some proportion between that and subjection to a lawful ruler , because of the mutual covenant transacted betwixt them ; but the tyrant & usurper cannot pretend to this , who refuse all covenants . yet hence it cannot be inferred , that because the wife may not put away her husband . or renounce him , as he may do her in the case of adultery , therefore the people cannot disoune the king in the case of the violation of the royal covenant . for the kings power is not at all properly a husbands power . . the wife by nature is the weaker vessel ; but the kingdom is not weaker than the king. . the wife is given as an help to the man ; but here the man is given as an help to the common-wealth . . the wife cannot limit the husbands power ; as subjects may limit their soveraigns . . the wife cannot prescribe the time of her continuing under him ; as subjects may do with their soveraigns . . the wife cannot change her husband ; as a kingdom can do their government . the husband hath not power of life & death ; but the soveraign hath it over malefactors . yet giving and not granting , his power were properly marital ; if the case be put , that the man do habitually break the marriage covenant , or take another wife , and turn also cruel & intollerable in compelling his oun wife to wickedness ; and put the case also , that she should not get a legal divorce procured , who can doubt but she might disoune him , and leave him ? for this case is excepted out of that command cor. . . let not the wife depart from her husband , meaning for mere difference in religion , or other lesser causes ; but adulterie doth annual the marriage relation , see pool synopsis critic . in locum . so when a prince breaks the royal covenant and turns tyrant , or without any covenant committs a rape upon the common-wealth , that pretended relation may & must be disouned . hence we see , there is no relation can bring a king or ruler under the object of the duty of the fifth command , except it be that of a fiduciary patron or trustee and publick servant : for we cannot oune him properly either to be a father , or a master , or a husband . therefore what can remain , but that he must be a fiduciary servant ? wherefore if he shall either treacherously break his trust , or presumptously refuse to be entrusted , upon terms & conditions to secure & be accountable for ( before god & man ) religion & liberty , we cannot oune his usurped authority . that metaphore which the learned buchanan uses , de iure regni , of a publick & politick phisician , is not a relation different from this of a fiduciary servant ; when he elegantly represents him as entrusted with the preservation & restauration of the health of the politick body , and endued with shill & experience of the laws of his craft . if then he be orderly called unto this charge , and qualified for it , and discharges his duty faithfully , he deserves , and we are obliged to give him the deference of an honoured physician : but if he abuse his calling and not observe the rules thereof , and in stead of curing go about wilfully to kill the body he is entrusted with , he is no more to be ouned for a physician but for a murderer . . if we inquire further into the nature of this relation between a king ( whose authority is to be ouned ) and his subjects ; we can oune it only as it is reciprocal in respect of superiority & inferiority , that is , whereby in some respects the king is superior to the people , and in some respects the people is superior to him . the king is superior & supreme as he is called pet. . . in respect of formal soveraignty , and executive authority , and majestick royal dignity , resulting from the peoples devolving upon him that power , and constituting him in that relation over themselves , whereby he is higher in place & power than they , and in respect of his charge & conduct is worth ten thousands of the people sam. . . and there is no formally regal tribunal higher than his ; and though he be minor universis yet he is major singulis , greater than any one , or all the people distributively taken ; and though he be a royal vassal of the kingdom , & princely servant of the people ; yet he is not their deputy , because he is really their soveraign , to whom they have made over their power of governing & protecting themselves irrevocably , except in the case of tyranny ; and in acts of justice , he is not countable to any , and does not depend on the people as a deputy . but on the other hand , the people is superior to the king , in respect of their fountain power of soveraignty , that remains radically & virtually in them , in that they make him their royal servant , and him rather than another and limit him to the laws for their oun good & advantage , and though they give to him a politick power for their oun safety ; yet they keep a natural power which they cannot give away , but must resume it in case of tyranny ; and though they cannot retract the power of justice to govern righteously , yet it is not so irrevocably given away to him , but that when he abuseth his power to the destruction of his subjects , they may wrest a sword out of a mad mans hand , though it be his oun sword and he hath a just power to use it for good , but all fiduciary power abused may be repealed . they have not indeed soveraignity or power of life & death formally ; yet in respect they may constitute a magistrate with laws , which if they violate they must be in hazard of their lives , they have this power eminently & virtually . hence in respect that the kings power is and can be only fiducial , by way of trust reposed upon him , he is not so superior to the people , but he may & ought to be accountable to them in case of tyranny ; which is evident from what is said , and now i intend to make it further appear . but first i form the argument thus ; we can oune no king that is not accountable to the people : ergo we cannot oune this king. to clear the connexion of the antecedent & consequent , i adde ; either he is accountable to the people , or he is not : if he be accountible to all then he is renouncible by a part , when the collective body either wil not , or cannot exact an account from him , when the community is defective as to their part , it is the interest of a part , that would but cannot do their duty , to give no account to such as they can get no account from for his maleversations , this is all we crave : if he be not accountable , then we cannot oune him , because all kings are accountable : for these reasons . . the inferior is accountable to the superior : the king is inferior , the people superior : ergo the king is accountable to the people . the proposition is plain ; if the kings superiority make the people accountable to him , in case of transgressing the laws ; then , why should not the peoples superiority make the king accountable to them , in case of transgressing the laws ? especially seeing the king is inferior to the laws : because the law restrains him , and from the law he hath that whereby he is king ; the law is inferior to the people , because they are as it were its parent , and way make or unmake it upon occasion : and seeing the law is more powerful than the king , and the people more powerful than the law , we may see before which we may call the king to answer in judgment , buchan iure regni apud scot. that the king is inferior to the people is clear on many accounts : for these things which are institute for others sake , are inferior to those for whose sake they are required or sought ; a horse is inferior to them that use him for victory ; a king is only a mean for the peoples good ; a captain is less then the army , a king is but a captain over the lords inheritance sam. . . he is but the minister of god for their good rom. . . those who are before the king , and may be a people without him , must be superior to him who is a posteriour and cannot be a king without them : let the king be considered either materially as a mortal man , he is then but a part inferior to the whole ; or formally under the reduplication as a king , he is no more but a royal servant , obliged to spend his life for the people , to save them out of the hand of their enemies sam. ▪ . a part is inferior to the whole , the king is but a part of the kingdom : a gift is inferior to them to whom it is given , a king is but a gift given of god for the peoples good : that which is mortal & but accidental , is inferior to that which is eternal & cannot perish politically ; a king is but mortal , and it is but accidental to government that there be a succession of kings ; but the people is eternal , one generation passeth away & another generation cometh eccles. . . especially the people of god , the portion of the lords inheritance , is superior to any king , and their ruine of greater moment than all the kings of the world ; for if the lord for their sake smite great kings , & slay famous kings , as sihon & og psal. . - . if he give kings & famous kingdoms for their ransome isai. . , . then his people must be so much superior than kings , by how much his justice is active to destroy the one , and his mercy to save the other . all this proves the people to be superior in dignity , and therefore even in that respect its frivolous to say , the king cannot be accountable to them , because so much superior in glory & pomp ; for they are superior every way in excellency ; and though it were not so , yet judges may be inferior in rank considered as men , but they are superior in law over the greatest as they are judges , to whom far greater than they are accountable . the low & mean condition of them to whom belongs the power of judgment does not diminish its dignity : when the king then is judged by the people , the judgment is of as great dignity as if it were done by a superior king ; for the judgment is the sentence of the law , . they are superior in power : because every constituent cause is superior to the effect , the people is the constituent cause , the king is the effect , and hath all his royaltie from them , by the conveyance god hath appointed ; so that they need not fe●ch it from heaven , god gives it by the people , by whom also his power is limited and , it need be , diminished from what they gave his ancestors : hence , if the people constitute & limit the power they give the king , then they may call him to an account , and judge him for the abuse of it : but the first is true as is proven above : ergo — the major is undenyable , for sure , they may judge their oun creature , and call him to an account for the power they gave him , when he abuses it , though there be no tribunal formally regal above him , yet in the case of tyranny and violating his trust there is a tribunal virtual eminently above him , in them that made him & reposed that trust upon him , as is said . . the fountain power is superior to the power derived : the people , though they constitute a king above them , yet retain the fountain power , he only hath the derived power : certainly the people must retain more power eminently , than they could give to the king , for they gave it , and he receives it , with limitations , if he turn mad or uncapable they may put curators & tutors over him ; if he be taken captive , they may appoint another to exercise the power , if he die then they may constitute another , with more or less power ; so then if they give a way all their power , as a slave selleth his liberty , and retain no fountain power or radical right , they could not make use of it to produce any of these acts : they set a king above them only with an executive power for their good , but the radical power remains in the people , as in an immortal spring , which they communicate by succession to this or that mortal man , in the manner & measure they think expedient ; for otherwise if they gave all their power away , what shall they reserve to make a new king , if this man die ? what if the royal line surcease , there be no prophets now sent to make kings : and if they have power in these cases , why not in the case of tyranny ? . if the king be accountable by law , for any act of tyranny done against one man , then much more is he accountable for many against the whole state : but the former is true ; a private man may go to law before the ordinary judges for wronging his inheritance , and the king is made accountable for the wrong done by him . now shall the laws be like spiders webs , which hold flies , but let bigger beasts pass through ? shall sentence be past for petty wrongs against a man , and none for tyrannizing over religion , laws , & liberties of the kingdom ? shall none be past against parricide or fratricide , for killing his brother , murdering the nobles , and burning cities ? shall pettie thieves be hanged for stealing a sheep , and does the laws of god or man give impunity , for robbing a whole country of the nearest & dearest interests they have to crowned heads for the fancied character of royalty , which thereby is forfeited ? . if there be judges appointed of god independently , to give out & execute the judgment of the lord on all offenders , without exception of the highest ; then the king also must be subject to that judgment : but there are judges appointed of god independently , to give out & execute the judgment of the lord on all offenders , without exception of the highest . two things must be here proved ; first , that in giving judgment they do not depend on the king , but are the immediate vicars of god : secondly that the king is not excepted from , but subject to , their judgment , in case he be criminal . first they cannot depend upon the king , because they are more necessary then the king ; and it is not left to the kings pleasure whether there be judges or not . there may be judges without a king , but there can be no king without judges , nor no justice but confusion ; no man can bear the peoples burden alone numb . . , , if they depended on the king , their power would die with the king ; the streams must dry up with the fountain : but that cannot be , for they are not ministri regis but regni , they are not ministers of the king but of the kingdom , whose honour & promotion , though by the kings external call , yet comes from god , as all honour & promotion does psal. . , the king cannot make judges whom he will by his absolute power , he must be tied to that law deut. . . to take wise men & understanding & known : neither can he make them dura ite beneplacito : for if these qualifications remain , there is no allowance given for their removal . they are gods & the children of the mos● high , appointed to defend the poor & fatherless , as well as he , psal. . , . they are ordained of god for the punishment of evil doers , in which they must not be resisted , as well as he rom. . , . by me ( saith the lord ) rule ... all the iudges of the earth prov. . . to them we must be subject for conscience sake , as being the ministers of god for good ; they must be obeyed for the lords sake , as well as the king ; though they are sent of him , yet they judge not for man but for the lord chron. . . hence they sit in his room , and are to act as if he were on the bench : the king cannot say , the judgment is mine , because it is the lords : neither can he limit their sentance ( as he might , if they were nothing but his deputies ) because the judgment is not his : nor are their consciences subordinate to him , but to the lord immediatly ; otherwise if they were his deputies , depending on him ; then they could neither be admonished , nor condemned for unjust judgment , because their sentence should neither be righteous nor unrighteous , but as the king makes it ; and all directions to them were capable of this exception , do not so or so except the king command yow , crush not the poor , oppress not the fatherless , except the king command yow : yea then they could not execute any judgment , but with the kings licence , and so could not be rebuked for their not executing judgment . now all this is contrary to scripture , which makes the sentence of the judges undeclinable when just deut. . . the lords indignation is kindled , when he looks for iudgment & behold oppression , for righteousness & behold a cry isai. . . neither will it excuse the judges to say , the king would have it so ; for even they that are subservient , to write grievousness , to turn aside the needy from iudgment &c. are under the wo , as well as they that prescribe it isai. . , . the lord is displeased when iudgment is turned away back ward , and justice stands a far of — and when there is no iudgment , what ever be the cause of it isai. . , . the lord threatens he will be avenged on the nation , when a man is not found to execute iudgment ier. . , . and promises if they will execute judgment & righteousness , and deliver the spoiled out of the hand of the oppressor , he will give them righteous magistrats ier. . , . but if they do not , he will send desolation ibid. he rebukes those that turn judgment to wormwood and leave of righteousness in the earth amos. . . he resents it when the law is slacked and judgment doth not go forth freely without overawing or overruling restraint habb . . . can these scriptures consist with the judges dependence on the kings pleasure , in the exercise & execution of their power ? therefore if they would avoid the lords displeasure , they are to give judgment , though the king should countermand it . secondly , that the king is not excepted from their judgment , is also evident from the general commands gen. . . whoso sheddeth mans blood ●y man shall his blood be shed : there is no exception of kings or dukes here , and we must not distinguish where the law distinguisheth not . numb . . , . whoso killeth any person the murderer shall be put to death , by the mouth of witnesses — ye shall take no satisfaction for the life of a murderer which is guilty of death , but he shall be surely put to death . what should hinder then justice to be awarded upon a murdering king ? shall it be for want of witnesses ? it will be easy to adduce thousands : or shall this be satisfaction for his life , that he is a crowned king ? the law saith there shall no satisfaction be taken . the lord speaketh to under judges levit. . . ye shall do no unrighteousness in judgment , thow shalt not respect the person of the poor , nor honour the person of the mighty . if kings be not among the mighty , how shall they be classed ? deut. . . ye shall not respect persons in judgment , but yow shall hear the small as well as the great , yow shall not be afraid of the face of man , for the judgment is gods : if then no mans face can outdare the law & judgment of god , then the kings majestick face must not do it , but as to the demerit of blood he must be subject as well as another . it s no argument to say , the sanhedrin did not punish david for his murther & adulterie . ergo now it is not lawful to punish a king for the same : a reason a non facto is not relevant . david did not punish ioab for his murder , but authorized it , as also he did bathsheba's adulterie ; will that prove that murders connived at , or commanded by the king , shall not be punished ? or that whores of state are not to be called to an account ? neither will it prove that a murdering king should not be punished , that david was not punished : because he got both the sin pardoned , and his life granted from the lord , saying to him , by the mouth of the prophet nathan , thow shalt not die : but as for the demerit of that fact , he himself pronounced the sentence out of his oun mouth sam. . . as the lord liveth , the man that hath done this thing shall surely die . so every king condemned by the law , is condemned by his oun mouth ; for the law is the voice of the king : why then do we so much weary our selves concerning a judge ? seeing we have the kings oun confession , that is the law. buchanan . de jure regni . and there needs be no other difficultie , to find a tribunal for a murdering king , than to find one for a murderer ; for a judgment must acknowledge but one name , to wit of the crime ; if a king then be guilty of murder , he hath no more the name of a king but of a murderer , when brought to judgment ; for he is not judged for his kingship , but for his murther ; as when a gentleman is judged for robbery , he is not hanged , neither is he spared , because he is a gentleman , but because he is a robber . see buchanan . ubi supra . . if the peoples representatives be superior to the king in judgment , and may execute judgment without him , and against his will , then they may also seek account of him , for if he hath no power but from them , and no power without them to act as king ( no more than the eye or hand hath power to act without the body ) then his power must be inferior , fiduciary , & accountable to them : but the former is true , the peoples representatives are superior to the king in judgment , and may execute judgment without him , and against his will. in scripture we find the power of the elders and heads of the people was very great , and in many cases superior to the king : which the learned dr owen demonstrates in his preliminary exercitations on the epist. to the heb. and proves out of the rabbins , that the kings of the iewes might have been called to an account , & punished for transgressing of the law. but in the scripture we find . ( ) they had a power of judgment with the supreme magistrate , in matters of religion , justice & government . hamor & shechem would not make a covenant with iacobs sons , without the consent of the men of the citie gen. . . david behoved to consult with the captains of thousands , & every leader , if it seemed good to them to bring again the ark of god. . chron. . , , . so also solomon could not do it without them king. . . ahab could not make peace with benhadad against the consent of the people king. . . the men of ephraim complain that iephthah ▪ the supreme magistrate , had gone to war against the children of ammon without them , and threatened to burn his house with fire , which he only excuses by the law of necessity iudg. . , , . the seventy elders are appointed by god , not to be the advisers only & helpers of moses , but to bear a part of the burden of ruling & governing the people , that moses might be eased numb . . , . moses upon his sole pleasure had not power to restrain them , in the exercise of judgment given of god. they were not the magistrats depending deputies , but in the act of judging they were independent , and their consciences as immediatly subjected to god as the superior magistrate , who was to adde his approbative suffrage to their actings , but not his directive nor imperative suffrage of absolute pleasure , but only according to the law ; he might command them to do their duty , but he could do nothing without them . ( ) they had power , not derived from the prince at all , even a power of life & death . the rebellious son was to be brought to the elders of the citie , who had power to stone him deut. . , . they had power to punish adulterie with death deut. . . they had power to cognosce , whom to admit into and whom to seclude from the cities of refuge : so that if the king had commanded to take the life of an innocent man , they were not to deliver him iosh. . per tot . but besides the elders of cities , there were the elders and heads of the people , who had judicial power to cognosce on all criminal matters , even when ioshua was judge in israel we find they assumed this power , to judge of that matter of the two tribes & the half iosh. . . and they had power to make kings , as saul & david , as was shewed : and it must needs follow , they had power to unmake them in case of tyranny . ( ) they had power to conveen , even without the indiction of the ruler , as in that iosh. . they convene without him : and without advice or knowledge of samuel , the ruler , they conveen to ask a king sam. . and without any head or superior , they convene & make david king , notwithstanding of isbosheths hereditary right . without & against tyrannous athaliah her consent , they convene & make ioash king , and cared not for her treason , treason king. . but now the king alone challenges the prerogative-power of calling & dessolving parliaments as he pleases , and condemns all meetings of estates without his warrant , which is purely tyrannical : for in cases of necessity , by the very law of nature , they may & must convene . the power is given to the king only by a positive law , for orders sake ; but otherwise , they have an intrinsical power to assemble themselves . all the forecited commands , admonitions , & certifications , to execute iudgement , must necessarly involve & imply & power to convene , without which they could not be in a capacity for it : not only unjust judgement , but no i●dgement , in a time when truth is fallen in the streets & equity cannot enter , is charged as the sin of the state ; therefore they must convene to prevent this sin , and the wrath of god for it : god hath committed the keeping of the common-wealth , not to the king only , but also to the peoples representatives & heads . and if the king have power to break up all conventions of this nature , then he hath power to hinder judgement to proceed , which the lord commands : and this would be an excuse , when god threatens vengeance for it , we could not execute iudgement , because ehe king forbad us . yet many of these forementioned reproofs , threatenings , & certifications were given , in the time of tyrannous & idolatrous kings , who no doubt would inhibite & discharge the doing of their duty ; yet we see , that was no excuse , but the lord denounces wrath for the omission . ( ) they had power to execute judgement , against the will of the prince . samuel killed agag against sauls will , but according to the command of god sam. . . against ahabs will & mind elijah caused kill the priests of baal , according to gods express law king. . . it is true it was extraordinary , but no otherwise than it is this day , when there is no magistrate that will execute the judgment of the lord ; then they who have power to make the magistrate may & ought to execute it , when wicked men make the law of god of none effect . so the princes of iudah had power , against the kings will , to put ieremiah to death , which the king supposes , when he directs him what to say to them ier. . . they had really such a power , though in ieremiahs case it would have been wickedly perverted , see lex rex q. . . ( ) they had a power to execute judgement upon the king himself : as in the case of amaziah & uzziah , as shall be cleared afterwards . i conclude with repeating the argument : if the king be accountable , whensoever this account shall be taken , we are confident our disouning him for the present will be justified , and all will be obliged to imitate it : if he be not , then we cannot oune his authority , that so presumptously exalts himself above the people . . if we will further consider the nature of magistracy ; it will appear what authority can conscienciously be ouned , to wit , that which is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 potestas , not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 potentia ; authorized power , not might or force ; moral power , not merely natural . there is a great difference betwixt these two : natural power is common to brutes , moral power is peculiar to men ; narural power is more in the subjects , because they have more strength & force ; moral power is in the magistrate , they can never meet adequately in the same subject ; natural power can , moral only may warrantably exercise rule ; natural power is opposed to impotency & weakness , moral to illicitness or unlawfulness ; natural power consists in strength , moral in righteousness ; natural power may be in a reut of rogues making an uproar , moral only in the rulers ; they cannot be distinguished by their acts , but by the principle from which the acts proceed ; in the one from meer force , in the other from authority . the principle of natural power is its oun might & will , and the end only self ; moral hath its rise from positive constitution , and its end publick safety . the strength of natural power lies in the sword , whereby its might gives law ; the strength of moral power is in its word , whereby reason gives law , unto which the sword is added for punishment of contraveners : natural power takes the sword math. . . moral bears the sword rom. . . in natural power the sword is the cause ; in moral it is only the consequent of authority : in natural power the sword legitimates the scepter ; in moral the scepter legitimates the sword : the sword of the natural is only backed with metal , the sword of the moral power is backed with gods warrant : natural power involves men in passive subjection , as a traveller is made to yeeld to a robber ; moral power reduces to consciencious subordination . hence the power that is only natural not moral , potentia not potestas , cannot be ouned : but the power of tyrants & usurpers is only natural not moral , potentia not potestas : ergo it cannot be ouned . the major cannot be denied ; for it is only the moral power that is ordained of god , unto which we must be subject for conscience sake . the minor also ; for the power of tyrants is not moral , because not authorized nor warranted nor ordained of god by his preceptive ordinance , and therefore no lawful magistratical power . for the clearer understanding of this let it be observed , there are four things required to the making of a moral or lawful power ; the matter of it must be lawful , the person lawful , the title lawful , and the use lawful . . the matter of it , about which it is exerted , or the work to be done by it , must be lawful & warranted by god ; and if it be unlawful , it destroyes its moral being . as the popes power in dispensing with divine laws , is null & no moral power : and so also the kings power , in dispensing with both divine & humane laws is null . hence , that power which is in regard of matter unlawful , and never warranted by god , cannot be ouned : but absolute power , which is the power of tyrants & usurpers ( & particularly of this of ours ) is in regard of matter unlawful & never warranted by god : ergo — . the person holding the power must be such as not only is capable of but competent to the tenure of it , and to whom the holding of it is allowed ; and if it be prohibited , it evacuates the morality of the power . korah & his company arrogated to themselves the office of the priesthood , this power was prohibited to them , their power then was a nullity . as therefore a person that should not be a minister , when he usurps that office is no minister : so a person that should not be a magistrate , when he usurps that office , is no magistrate . hence , a person that is incapable & incompetent for government , cannot be ouned for a governour : but the d. of y. is such a person , not only not qualified as the word of god requires a magistrate to be , but by the laws of the land declared incapable of rule because he is a papist , a murderer , an adulterer &c. . there must be in moral power , a lawful title & investure , as is shewed above ; which if it be wanting , the power is null , and the person but a scenical king , like iohn . of leyden . this is essentially necessary to the being of a magistrate ; which only properly distinguishes him from a private man : for when a person becomes a magistrate , what is the change that is wrought in him ? what new habit or endewment is produced in him ? he hath no more natural power than he had before , only now he hath the moral power , right , & authority to rule , legally impowering him to govern. let it be considered , what makes a subordinate magistrate , whom we may oune as such : it must be only his commission from a superior power , otherwise we reject him : if one come to us of his oun head , taking upon him the style & office of a bailif , sheriff , or judge , and command our persons , demand our purses , or exact our oaths ; we think we may deny him , not taking our selves to owe him any subjection , not ouning any bond of conscience to him ; why ? because he hath no lawful commission . now if we require this qualification in the subordinate , why not in the supreme ? hence , that magistrate that cannot produce his legal investure , cannot be ouned : but the d. of y. cannot produce his legal investure , his admission to the crown upon oath & compact , and with the consent of the subjects , according to the laws of the land , as is shewed above : ergo — . there must also be the lawful use of the power ; which must be not only legal for its composure , but right for its practice ; its course & process in government must be just , governing according to law , otherwise it is meer tyranny : for what is government , but the subjecting of the community to the rule of governours , for peace & orders sake , and the security of all their precious interests ? and for what end was it ordained , and continued among men , but that the stronger may not domineer over the weaker ? and what is anarchy , but the playing the rex of the natural power over the moral ? hence , that power which is contrary to law , evil & tyrannical , can tye none to subjection : but the power of the king , abused to the destruction of laws , religion & liberties , giving his power & strength unto the beast , & making war with the lamb revel . . , . is a power contrary to law , evil & tyrannical : ergo it can tye none to subjection : wickedness by no imaginable reason can oblige any man. it is objected by some from rom. . . there is no power but of god : the usurping power is a power : therefore it is of god , and consequently we owe subjection to it ans. . the original reading is not universal , but thus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for there is no power if not from god : which confirms what i plead for , that we are not to oune any authority , if it be not authorized by god. the words are only relative to higher powers , in a restricted sense , and at most are but indefinite , to be determined according to the matter ; not all power simply , but all lawful power . . it is a fallacia a dicto secundum quid : there is no power but of god , that is no moral power , as universal negatives use to be understood , heb. . . no man taketh this honour unto himself , but he that is called of god ; which is clear , must not be understood for the negation of the fact , as if no man at all doth or ever did take unto himself that honour , for korah did it &c. but , no man taketh it warrantably , with a moral right and gods allowance , without gods call : so also the universal imperative , in that same text , must not be taken absolutely without restriction ; for if every soul without exception were to be subject , there could be none left to be the higher powers ; but it is understood with restriction to the relation of a subject . so here no power but of god , to be understood with restriction to the relation of a lawful magistrate . it it also to be understood indiscriminately , in reference to the diverse species , sorts , & degrees of lawful power , supreme & subordinate , whether to the king as supreme , or to governours &c. as peter expresses it : or whether they be christian or pagan : it cannot be meant of all universally , that may pretend to power , and may attain to prevailing potency ; for then by this text , we must subject our selves to the papacy now intended to be introduced ; and indeed if we subject our selves to this papist , the next thing he will require will be that . . to the minor proposition , i answer . the usurping power is a power : it is potentia , i grant ; that it is potestas , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or authority , i deny . therefore it is of god , by his providence , i concede ; by his ordinance ; i deny . consequently we owe subjection to it , i deny . we may be subject passively , i grant ; actively , out of conscience i deny . but some will object . . though the power be usurped , and so not morally lawful , in all these respects ; yet it may do good , its laws & administrations may be good . ans. i grant , all is good that ends well and hath a good begining . that cannot be good which hath a bad principle , bonum ex integra causa . some government for constitution good , may in some acts be bad ; but a government for constitution bad , cannot for the acts it puts forth be good . these good acts may be good for matter , but formally they are not good , as done by the usurper : they may be comparatively good , that is better so then worse ; but they cannot be absolutely , and in a moral sense good : for to make a politick action good , not only the matter must be warrantable , but the call also . it may indeed induce subjects to bear & improve to the best , what cannot be remedied ; but cannot oblige to oune a magistratical relation . ii. the nature of the power thus discovered , lets us see the nature of that relative duty , which we owe & must oune as due to magistrates , and what sort of ouning we must give them ; which to inquire a litle into , will give light to the question . all the duty & deference the lord requires of us , towards them whom we must oune as magistrates , is comprehended in these two expressions , honour required in the fifth command , and subjection required in rom. . . &c. pet. . . &c. whomsoever then we oune as magistrates , we must oune honour & subjection as due to them : and if so be we cannot upon a consciencious ground give them honour & subjection , we cannot oune them as magistrates . the least deference we can pay to magistrates is subjection , as it is required in these words ; let every soul be subject to the higher powers , and submit your selves to every ordinance of man for the lords sake . but this cannot be given to tyrants & usurpers : ergo no deference can be paid to them at all , and consequently they cannot be ouned . that this subjection , which is required to the higher powers , cannot be ouned to tyrants , will be apparent , if we consider . . the subjection required is orderly subjection to an orderly power , that we be regularly under him that is regularly above : but usurpation & tyranny is not an orderly power , orderly placed above us : therefore we cannot be ordely under it . this is gathered from the original language , where the powers to be subjected to are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , ordained of god , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the ordinance of god , and he that resisteth the power is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , counter-ordered , or contrary to his orderly duty : so the duty is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 be subject . they are all words coming from one root , which signifies to order : so that subjection is to be placed in order under another relative to an orderly superiority : but to occupy the seat of dignity unauthorized , is an ataxie , a breaking of order , and bringing the common-wealth quite out of order . whereby it may appear , that in relation to an arbitrary government , there can be properly no 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , no orderly subjection . . the thing it self must import that relative duty which the fifth command requires ; not only a passive stooping endurance , or a ●eigned counterfeit submission , but a real active duty including obedience to lawful commands ; and not only so , but support & maintinance ; and that both to the acts of his administration , and to his standing & keeping his station , assisting him with all our abilities , both humane & christian ; and not only as to the external acts of duties , but the inward motions of the heart , as consent , love , reverence , & honour , and all sincere fealty & allegiance . but can a subjection of this extent , be payed to a tyrant or usurper ? can we support those we are bound to suppress ? shall we love the ungodly , and help those that hate the lord ? can we consent , that we & our posterity should be slaves ? can we honour them who are vile , and the vilest of men , how high soever they be exalted ? . the ground of this subjection is for conscience sake , not for wrath , that is , so far & so long as one is constrained by fear , & to avoid a greater evil , to stoop to him , but out of conscience of duty , both that of piety to god who ordained magistracy , and that of equity to him who is his minister for good , and under pain of damnation if we break this orderly subjection rom. . , . but can it be imagined that all this is due to a tyrant & usurper ? can it be out of conscience , because he is the lords minister for good ? the contrary is clear , that he is the devils drudge serving his interest ; is resistance to tyrants a damnable sin ? i hope to prove it to be a duty . . if subjection to tyrants & usurpers will inveigle us in their snares , and involve us in their sin & judgment , then it is not to be ouned to them : but the former is true : therefore the latter . in the foregoing head i drew an argument , for withdrawing from & disouning the prelatick ministers , from the hazard of partaking in their sin , and of being obnoxious to their judgment , because people are often punished for their pastors sins ; aaron & his sons polluting themselves , would have brought wrath upon all the people , l●v. . . because the teachers had transgressed against the lord , therefore was iacob given to the curse & israel to reproaches isai ▪ . , . and all these miseries lamented by the church were inflicted for the sins of her prophets and the iniquites of her priests , lam. . . the reason was , because they ouned them , followed them , countenanced them , complyed with them , or connived at them , or did not hinder or else disoune them . the same argument will evince , the necessity of withdrawing our subjection from & disouning usurping & tyrannical rulers , when we cannot hinder their wickedness , nor give any other testimony against them , to avert the wrath of the lord. if the defections of ministers will bring on the whole nation desolating judgments ; then much more have we reason to fear it , when both magistrates & ministers are involved in , and jointly carrying on , and carressing & encouraging each other in promoting , a woful apostasie from god : when the heads of the house of iacob , & princes of the house of israeel , abhor judgement & pervert all equity , the heads judge for reward , and the priests teach for hire , and the prophets divine for money , and yet lean upon the lord and say , is not the lord among us ? none evil can come upon us : then we can expect nothing but that zion for their sake shall be plowed as a field & ierusalem become heaps and the mountain of the house as the high places of the forest , mich. . , , . certain it is that subjects have smarted sore for the sins of their rulers : for sauls sin in breaking covenant with the gibeonites , the land suffered three years famine sam. . . and the wrath of the lord could not be appeased , till seven of his sons were hanged up unto the lord. what then shall appease the wrath of god , for the unp●ralelled breach of covenant with god in our day ? for davids sin of numbering the people , men died by the pestilence . sam. . . for ieroboams sin of idolatry , who made israel to sin , the lord threatens to give israel up because of the sins of ieroboam king. . . only they escaped this judgment , who withdrew themselves and fell into iudah . for ahabs sin of letting go a man whom the lord had appointed to utter destruction , the lord threatens him , thy life shall go for his life , and thy people for his people king. . . because manasseh king of iudah did many abominations , therefore the lord threatened to bring such evil upon ierusalem & iudah that whosoever heard it his ears should tingle &c. king. . , . and not withstanding of his repentance , and the reformation in the dayes of iosiah , notwithstanding the lord turned not from the fierceness of his great wrath , wherewith his anger was kindled against iudah , because of all the provocations that manasseh had provoked him withall king. . . which was accomplished by the hands of the chaldeans , in iehojakims time . surely at the commandment of the lord came this upon iudah , to remove them out of his sight , for the sins of manasseh according to all that he did , and also for the innocent blood which he shed ... which the lord would not pardon king. . , . and ieremiah further threatens , that they should be removed into all kingdoms of the earth , because of manasseh for that which he did in ierusalem ier. . . certainly these passages were recorded for our learning rom. . . and for our examples , to the intent we should not do as they did cor. . . and for our admonition vers . . whence we may be admonished , that it is not enough to keep our selves free of publick sins of rulers ; many of those then punished , were free of all actual accession to them ; but they became accessory to and involved in the guilt of them , when they did not endeavour to hinder them , and bring them to condign punishment for them , according to the law of god which respecteth not persons ; or at least , because they did not revolt from them , as libnah did : there might be other provocations on the peoples part , no doubt , which the lord did also punish by these judgments ; ●ut when the lord specifies the sin of rulers , as the particular procuring cause of the judgment , it were presumption to make it the occasion only of the lords punishing them : for plain it is , if these sins of rulers had not been committed , which was the ground of the threatening & execution , the judgment would have been prevented ; and if people had bestirred themselves as became them , in repressing & restraining such wickedness , they had not so smarted ; and when that sin so threatened & punished was removed , then the judgment it self was removed or deferred . it is just & necessary , that the subjects being jointly included with their rulers in the same bond of fidelity to god , be lyable to be punished for their rebellion & apostasie , when they continue under the bond of subjection to them . but how deplorable were our condition , if we shold stand obnoxions to divine judgments , for the atheisme , idolatry , murders , & adulteries of our rulers , and yet be neither authorized nor capacitated to hinder it , nor permitted to withdraw our selves from subjection to them ? but it is not so ; for , the lords making us responsable for their debt , is an impowering us either to repress their wickedness when he gives us capacity , or at least to save our selves harmless from their crimes , by disouning them ; that being the only way of standing no longer accountable for their faults . . it remains to consider the ends , for which government was institute by god , and constitute by men : from whence i argue , that government that destroyes the ends of government , is not to be ouned : but tyranny , and especially this under which we houl , destroyes all the ends of government : ergo it is not to be ouned . the minor i prove thus . that government that destroyes religion & safety , destroyes all the ends of government : but this popish & arbitrary absolute power , destroyes religion & safety : ergo — it is evident both from the laws of nature & revelation , that the ends of government are the glory of god , & the good of mankind . the first is the glory of god , the ultimate end of all ordinances ; to which whatever is opposite , is not to be ouned by them that fear him : whatever power then is destructive to religion , and is applyed & imployed against the glory of the uuniversal king , and for withdrawing us from our fealtie & obedience to him , is nothing but rebellion against the supreme lord & lawgiver , and a traiterous conspiracy against the almighty ; and therefore not to be ouned : and they are enemies to religion , or strangers to it , who are not sensible this hath been the design of the present government , at least these years , to overturn the reformed covenanted religion , and to introduce popery . hence , seeing a king at his best & highest elevation is only a mean for preserving religion , and for this end only chosen of the people to be custos utriusque tabulae , keeper of both tables of the law , he is not to be regarded but wholly laid aside , when he not only moves without his sphere , but his motion infers the ruine of the ends of his erection , and when he imployes all his power for the destruction of the cause of christ , and advancement of antichrists , giving his power to the beast ; he is so far from deserving the deference of the power ordained of god , that he is to be looked upon & treated as a traitor to god , and stated enemy to religion & all righteousness , the second end of government is the good of the people , which is the supreme & cardinal law ; salus populi est suprema lex . which cannot be denied , if it be considered . . for this only the magistrate is appointed of god to be his minister , for the peoples good rom. . . and they have no goodness but as they conduce to this end ; for all the power they have of god is with this proviso , to promote his peoples prosperity . ( it were blasphemy to say , they are his authorized ministers for their destruction ) to which if their conduct degenerate , they degrade themselves , and so must be disouned . he is therefore ; in his institution , no more than a mean for this end ; and himself cannot be either the whole or half of the end , for then he should be both the end & the mean of government ; and it is contrary to gods mould to have this for his end , to multiply to himself silver & gold , or lift up himself above his brethren deut. . , . if therefore he hath any other end than the good of the people , he cannot be ouned as one of gods moulding . . this only is the highest pitch of good princes ambition , to postpone their oun safety to the peoples safety . moses desired , rather than the people should be destroyed , that his name should be razed out of the book of life . and david would rather the lords hand be on him & his fathers house , than on the people that they should be plagued chron. . . but he that would seek his oun ambitious ends with the destruction of the people , hath the spirit of the devil , and is to be carried towards as one possessed with that malignant spirit . . originally their power is from the people , from whom all their dignity is derived ; with reserve of their safety , which is not the donative of kings , nor held by concession from them , nor can it be resigned or surrendered to the disposal of kings ; since god hath provided , in his universal laws , that no authority make any disposal , but for the good of the people . this cannot be forfeited by the usurpation of monarchs , but being alwise fixed in the essential laws of government , they may reclaim & recover it when they please . since then we cannot alienate our safety , we cannot oune that authority which is inconsistent with it . . the attaining this end was the main ground & motive , of peoples deliberating to constitute a goverment ; and to choose such a forme , because they thought it most conducible for their good ; and to admit such persons as fittest instruments for compassing this end ; and to establish such a conveyance , as they thought most contributive for this end : when therefore princes cease to be what they could be constitute for , they cease to have an authority to be ouned ; but ceasing to answer these ends of government , they cease to be what they could be constitute for . . for no other end were magistrates limited with conditions , but to bound them that they might do nothing against the peoples good & safety : whosoever then breaking through all legal limitations , shall became injurious to the community , lists himself in the number of enemies , and is only to be looked upon as such . . for this end all laws are ratified or rescinded , as they conduce to this end , which is the soul & reason of the law : then it is but reason , that the law establishing such a king , which proves an enemy to this , should be rescinded also . . contrary to this end no law can be of force ; if then either law or king be prejudicial to the realme , they are to be abolished . . for this end , in cases of necessity kings are allowed sometimes to neglect the letter of the laws , or private interests , for the safety of the community ; but if they neglect the publick safety , and make laws for their oun interests , they are no more trustees but traitors . . if it were not for this end , it were more eligible to live in deserts than to enter into societies : when therefore a ruler , in direct opposition to the ends of government , seeks the ruine not only of religion , but also of the peoples safety , he must certainly forfeit his right to reign . and what a vast as well as innocent number , have , for religion and their adherence to their fundamental rights , been ruined , rooted out of their families & possessions , oppressed , persecuted , murdered , & destroyed by this and the deceased tyrant , all scotland can tell and all europe hath heard . if ever the ends of government were perverted & subverted in any place , britain is the stage where this tragedy hath been acted . . i may argue from the covenant , that to oune this authority is contrary to all the articles thereof . . that authority which overturns the reformation of religion in doctrine , worship , discipline , & government , which we are sworn to preserve against the common enemies thereof , in the first art. cannot be ouned : but the present pretended authority overturned ( and continues more to overturn ) the reformation of religion &c. ergo it cannot be ouned : for against what common enemy must we preserve it , if not against him that is the chief enemy thereof ? and how can we oune that authority , that is wholly employed & applied for the destruction of religion ? . if we are obliged to exstirpate poperie , without respect of persons , lest we partake in other mens sins ; then we are obliged to exstirpate papists without respect of persons , and consequently the head of them . ( for how otherwise can poperie be exstirpated ? or how otherwise can we cleanse the land of their sins ? ) but in the d art. we are obliged to exstirpate poperie without respect of persons , lest we partake in other mens sins : ergo we are obliged to exstirpate papists without respect of persons and consequently the crowned iesuite , and therefore cannot oune him ; for how can we oune him , whom we are bound to exstirpate ? . if we be engaged to preserve the rights & liberties of parliaments , and the liberties of the kingdoms , and the kings authority only in the preservation & defence of the true religion & liberties of the kingdoms ; then we cannot oune his authority , when it is inconsistent with , opposite to , & destructive of all these precious interests , as now it is with a witness : but in the . art. we are engaged to preserve the rights & priviledges of parliaments , & the liberties of the kingdoms , and the kings authority only in the preservation & defence of the true religion & liberties of the kingdoms : ergo. all allegiance that we can oune to any man , must stand perpetually thus qualified , in defence of religion & liberty ; that is , so far as it is not contrary to religion & liberty , and no further , for if it be destructive of these , it is null . if we should then oune this man , with this restricted allegiance , and apply it to his authority ( as we must apply it to all authority that we can oune ) it were to mock god & the world , and oune contradictions : for can we maintain the destroyer of religion , in defence of religion ? and the destroyer of all our rights & liberties , and all our legal securities for them , in the preservation of these rights & liberties ? that were pure non-sense . . if we be obliged to endeavour , that all incendiaries & malignants &c. be brought to condign punishment , then we cannot oune the authority of the head of these incendiaries & malignant enemies : but in the . art we are obliged to endeavour that all incendiaries & malignants &c. be brought to condign punishment : ergo — the connexion of the major cannot well be doubted : for is it imaginable , that the head of that unhallowed party , the great malignant enemy who is the spring & gives life unto all these abominations , shall be exempted from punishment ? or ouned for a sacred majestie ? shall we be obliged to discover , and bring to justice , the litle petty malignants , and this implacably stated enemy to christ escape with a crown on his head ? nay , we are by this obliged , if ever we be in case , to bring these stated enemies to god & the country to condign punishment , from the highest to the lowest : and this we are to do , as we would have the anger of the lord turned away from us , which cannot be without hanging up their heads before the lord against the sun , as was done in the matter of peor numb . . . for hath not he & his complices made the kingdom a curse ? and we with our oun consent have made our selves obnoxious to it , if we do not procure , each in our capacities , and pursue these traitors & rebells , that the judgment of the lord be executed upon the accursed . . no wilful o●poser of peace & union between the kingdoms is to be ouned ; but according to the . art. we are obliged to ende●vour that justice be done upon him : but this man & his brother have been wilful opposers of peace & union between the kingdoms , all true peace & union , except an union in confederacy against the lord ; for they have taken peace from both the kingdoms , and destroyed & annulled that which was the bond of their union , viz. the solemn league & covenant . . if we are obliged to assist & defend all those that enter into this league & covenant , in the maintaining & pursuing thereof , and never to suffer our selves to be divided , to make defection to the contrary part &c. according to the art. then we must not oun the butcher of our covenanted brethren , who hath imbrued ●is hands in their blood , in the maintaining & pursuing thereof , and would have us withdrawn into so detestable a defection ; for we cannot both oune him as he requires to be ouned , and as god requires every magistrate to be ouned ( so as not to resist him under pain of damnation rom. . ) and assist our brethren too in resisting his murders ; and our ouning of him were a dividing of our selves from our brethren that oppose him , into a defection to the contrary part , whereof he is head & patron . lastly in the conclusion , we are obliged to be humbled for the sins of these kingdoms , and to amend in a real reformation : whereof this is one to be mourned for , that after the lord had delivered us from the yoke of this tyrannical family , we again joined in affinity with the people of these abominations , and tooke these serpents into our bosome again which hath bit us so sore , and where-with the lord hath scourged us severely . and if it was our sin to engage with them at first , then it is our sin to continue under their subjection : and is not consistent with that repentance , that the lords contendings call for , to continue ouning that power which was our sin to oune at first . iii. in the third place , i promised to confirme my thesis from more express scripture arguments . therefore i shall endeavour to gather them as briefly as may be . from scripture inferences , nearly & natively consequential . . from scripture assertions . . from scripture precepts . . from scripture practices . . from scripture promises . . from scripture threatenings . . from scripture prayers . first , i shall offer some arguments deduced by way of immediate inference , from the grounds laid before us in scripture about government : wherein i shall confine my self to these particulars . . let us consider the characters of a magistrate , laid doun in scripture ; and we may infer , if tyrants & usurpers are not capable of these characters , then they cannot be ouned for magistrates . for if they be not magistrates , they cannot be ouned as magistrats : but if they be not capable of the characters of magistrates , they are not magistrates : ergo if they be not capable of the characters of magistrates , they cannot be ouned as magistrates . to find out the characters of magistrats , i need seek no further than than full place rom. . which usually , is made a magazine of objections against this truth ; but i trust to find store of arguments for it from thence , not repeating many that have been already deduced therfrom . we find in this place many characters of a magistrate , that are all incompatible with a tyrant or usurper . . he is the higher power vers . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 authorities supereminent , signifying such a precellency as draweth towards it a recognition of honour : but this is not competent to tyrants & usurpers ; for they are the vilest of men ▪ let them be never so high exalted , psal. . ult . and if they be vile then they are to be contemned psal. . . and no more to be regarded then herod was by christ , when he called him a fox luk. . . but more particularly let us consider what is the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , highness , or dignity of magistrats , set forth in scripture . they are stiled gods not to be reviled exod. . . among whom god judgeth psal. . . so called because the word of god came unto them iohn . . but tyrants are rather devils , as one of them is called lucifer isai. . . and they that persecute & imprison the people of god , because acted by the devil , and acting for him , do bear his name revel . . . they are divels that cast the lords witnesses into prison . the magistrats judgement is gods iudgement deut. . . because it is not for man but for the lord chron. . . and therefore solomon is said to have sat on the throne of the lord chron. . . but it were blasphemy to say , that tyrants judgement , usurping the place without his warrant , and giving forth judgement against his laws & cause & people , is the lords judgement , or for him , or that they sit on the throne of the lord. a throne of iniquity is not the throne of the lord , for he hath no fellowship with it ; the tyrants throne is a throne of iniquity , psal. . . magistrats are truly to be subjected to & obeyed , as principalities & powers tit. . . it is a sin to speak evil of them , vers . . for it is presumption to despise dominion & speak evil of dignities pet. . . iude. . bu● tyrants are very catechrestically & abusively principalities & powers , no otherwise then the devils are so termed eph. . . and there is no argument to oune or obey the one more than the other : for if all principalities & powers are to be subjected to & ouned , then also the devil must , who get the same title . to speak truth of tyrants indignities , cannot be a speaking evil of dignities ; for truth is no evil , nor is tyranny a dignity . hence they that are not capable of the dignity of rulers , are not to be oune● as such : but tyrants are not capable of the dignity of rulers , as these places prove : ergo — against this it is objected , that paul did apply this character to the tyrannical high priest ananias , whom , after he had objurgated for mani●est injustice , he honours with that apologie , that he wist not that he was the high priest , for it is written , thow shalt not speak evil of the ruler of thy people act. . . ans. though all should be granted that is in this objection ▪ yet our argument would not be enervated : for grant we should not speak evil of tyrants , that does not evince that we should hold them as rulers ; for we should bless our persecuters , rom. . . and speak evil of no man tit. . . that does not say , we should hold every man , or our persecuters , to be rulers . the meaning must be , he knew not that he was the high priest , that is , he did not acknowledge him to be either high priest or ruler , he could acknowledge or observe nothing like one of that character in him : for as the high priests office was now null & ceased , so this ananias was only an usurper of the office , in place of ismael or ioseph , who had purchased it by money : and paul had learned from his master gamaliel , iudicem , qui honoris consequendi causâ pecunias dederit , revera neque iudicem esse , neque honorandum , sed asini habendum loco . tit. talmud . de synedrio . that a judge who hath given money for purchasing this honour , is neither a judge , nor to be honoured as such , but to be held in place of an ass. and it was common among the jewes to say , if such be gods , they are silver gods not to be honoured , as is quoted by pool synopsis criticorum &c. in locum . and that this must be the sense of it is plain ; for he could not be ignorant that he was there in place of a judge , being called before him , and smitten by him authoritatively , whom therefore he did threaten with the judgment of god ; it were wicked to think , that he would retract that threatening which he pronunced by the spirit of god. and therefore this place confirms my thesis : if a tyrannical judge , acting contrary to law , is not to be known or acknowledged to be a ruler , but upbraided as a whited wall ; then a tyrant is not to be known or acknowledged as such : but the former is true , from this place : therefore also the latter . paul knew well enough he was a judge , and knew well enough what was his duty to a judge , that he should not be reviled ; but he would not acknowledge this priest to be a judge , or retract his threatening against him . . he is of god & ordained of god : i proved before , tyrants are not capable of this ; yea it were blasphemy to say , they are authorized or ordained of god , by his preceptive will. hence take only this argument . all rulers that we must oune are ordained of god , do reign & are set up by god prov. . . ( for that & this place are paralell ) but tyrants do not reign nor are set up by god hos. . . they are set up ( saith the lord ) but not by me : ergo we cannot oune them to be ordained of god. . whosoever resisteth this power ordained of god resisteth the ordinance of god , and they that resist shall receive to themselves damnation vers . . this cannot be ouned of a tyrant , that it is a damnable sin to resist him , for it is duty to resist & also repress him , as is proven already , and shall be afterwards . hence , whatsoever authority we oune subjection to we must not resist it : but we cannot oune that we must not resist this authority : therefore we cannot oun it at all . again , that cannot be the power not to be resisted , which is acquired & improved by resisting the ordinance of god : but the power of usurpers & tyrants is acquired & improved by resisting the ordinance of god : ergo their power cannot be the power not to be resisted . the major is manifest : for when the apostle sayes , the resisting of the power bring damnation to the resister , certainly that resistance cannot purchase dominion instead of damnation : and if he that resists in a lesser degree , be under the doom of damnation : then certainly he that does it in a greater degree , so as to complete it , in puting himself in place of that power which he resisted , cannot be free . the minor is also undenyable ; for , if usurpers acquire their power without resistence forcible & sensible , it is because they that defend the power invaded are wanting in their duty ; but however morally the tyrant or usurper is alwayes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or in contrary order to a lawful power . . rulers are not a terror to good works but to the evil , and they that doe that which is good shall have praise of the same vers . . this is the character & duty of righteous magistrates , though it be not alwayes their administration : but an usurper & tyrant is not capable or susceptible of this character , but on the contrary is & must be a terror to good works and a praise to the evil : for , he must be a terror to them that would secure their rights & liberties in opposition to his encroachments , which is a good work ; & he must be a fautor , patron , & protector of such , as encourage & maintain him in his usurpation & tyranny , which is an evil work : and if he were a terror to the evil , then he would be a terror to himself & all his complices , which he cannot be . therefore , that power which is not capable of the duties of magistrates , cannot be ouned : but the power of tyrants & usurpers is such : ergo — we find in scripture , the best commentare on this character , where the duties of a magistrate are described . they must justify the righteous & condemn the wicked deut. . . they must , as iob did , deliver the poor that cry and put on righteousness as a cloathing — and be eyes to the blind & feet to the lame , and a father to the poor — and break the jawes of the the wicked iob . - . their throne must be established by righteousness prov. . . a king sitting on the throne of judgement must scatter away all evil with his eyes — then mercy & truth will preserve him and his throne is upholden by mercy prov. . , . but tyrants have a quite contrary character : the throne of iniquity frames mischief by a law , and condemns the innocent blood psal. . . . they judge not the fatherless , neither doeth the cause of the widow come unto them isai. . . they build their house by unrighteousness , & their chambers by wrong , and use their neighbours service without wages ier. . . they oppress the poor & crush the needy amos . . they turn judgement to gall & the fruit of righteousness to hemlock , and say , have we not taken horns to as by our oun strength amos . , . these contrary characters cannot consist together . . he is the minister of god for good vers . . not by providential commission , as nebuchadnezzar was , and tyrants may be eventually , by the lord making all things turn about for the good of the church ; but he hath a moral commission from god , & is entrusted by the people to procure their publick & politick good at least . now this , and tyranny & usurpation , are together inconsistible : for if tyrants & usurpers were ministers for good , then they would restore the publick & personal rights , and rectify all wrongs done by them ; but then they must surrender their authority , and resign it , or else all rights cannot be restored , nor wrongs rectified . hence , these that cannot be ouned as ministers of god for good , cannot be ouned as magistrates : but tyrants & usurpers , ( and in particular this man ) are such as cannot be ouned as ministers of god for good : ergo — again , if magistracy be alwise a blessing , and tyranny & usurpation alwise a curse , then they cannot be ouned to be the same thing , and the one cannot be ouned to be the other : but magistracy or the right-ful magistrate , is alwise a blessing ; tyranny & usurpation or the tyrant & usurper , alwise a curse : ergo — that the former is true , these scriptures prove it . god provides him for the benefite of his people sam. . . a just ruler is compared to the light of the morning , when the sun riseth , even a morning without clouds sam. . . so the lord exalted davids kingdom , for his people israels sake sam. . . because the lord loved israel for ever , therefore made he solomon king to do judgement & justice king. . . when the righteous are in authority the people rejoice — the king by judgement stabilisheth the land — prov. . , . the lord promises magistrates as a special blessing isai. . . ier. . . and therefore their continuance is to be praye● for , that we may lead a quiet & peaceable life in all godlyness & honesty tim. . . and they must needs be a blessing , because to have no ruler is a miserie ; for when israel had no king every man did that which was right in his oun eyes iudg. . . and the lord threatens it ar a curse to take away the stay & the staff — the mighty man and the man of war , the iudge & the prophet &c. isai. . , &c. and that the children of israel shall abide many dayes without a king , and without a prince hos. . . but on the other hand tyrants & usurpers are alwayes a curse , and given as such : it is threatened among the curses of the covenant , that the stranger shall get up above israel very high — and that they shall serve their enemies which the lord shall send against them — and he shall put a yoke of iron upon their neck , until he hath destroyed them deut. . , . as a roaring lyon and a ranging bear so is a wicked ruler over the poor people prov. . . and therefore , when the wicked beareth rule the people mourn prov. . . the lord threatens it as a curse , that he will give children to be their princes , and babes shall rule over them isai. . . and if unqualified rulers be a curse , much more tyrants . they are the rod of his anger , and the staff in their hand is his indignation , his axe & saw & rod isai. . , . it is one thing to call a man gods instrument , his rod , axe , sword , or hammer ; another thing to call him gods minister : there is a wide difference betwixt the instruments of gods providence , and the ministers of his ordinance ; those fulfill his purposes only , these do his precepts . such kings are given in the lords anger hos. . . therefore they cannot be ouned to be ministers of god for good . . he beareth not the sword in vain for he is the minister of god , a revenger to execute wrath upon ●im that doeth evil vers . . the apostle doth not say , he that beareth the sword is the ruler , but he is the ruler that beareth the sword . this is not every sword ; for there is the sword of an enemy , the sword of a robber , the sword of a common traveller , but this as a faculty of political rule & authoritative judgement . it is not said , he takes the sword ( as the lord expresses the usurpation of that power , math. . . ) but he beareth the sword , hath it delivered him into his hand by god , by gods warrant & allowance , not in vain ; to no end or without reason , or without a commission , as pareus upon the place expones it . he is a revenger to execute wrath , not by private revenge , for that is condemned paulo ante rom. . . not by providential recompense , for when a private person so revengeth , it is the providential repayment of god ; but as gods m●nister , by him authorized , commissionated , & warranted to this work . now this cannot agree with a tyrant or usurper , whose sword only legitimates his scepter , and not his scepter his sword , who takes the sword rather then bears it , & uses it without reason or warrant from god , in the execution of his lustful rage upon him that doth well , and hath no right to it from god. hence , he that beareth the sword no other way but as it may be said of a murderer , cannot be a magistrate bearing the sword : but a tyrant & usurper beareth the sword no other way but as it may be said of a murderer : ergo — so much for the characters of a magistrate , which are every way inapplicable to tyrants & usurpers , and as inapplicable to this of ours as to any in the world . . if we consider the scripture resemblance● importing the duty of magistrates , and the contrary comparisons holding forth the sin , vileness & villany of tyrants & usurpers ; we may infer , that we cannot oune the last to be the first . first , from the benefite they bring to the common wealth , magistrates are styled . . saviours ▪ as othniel the son of kenaz is called iudg. . . and ieho●haz in his younger years . king. . . and all good judges & magistrates neh. . . but tyrants & usurpers cannot be such , for they are destroyers whom the lord promises to make go forth from his people isa. . . the chaldea● tyrant is called the destroyer of the gentiles ier. . . and the destroyer of the lords heritage ier. . . wherefore they can no more be ouned to be magistrates , than abaddon or apollyon can be ouned to be a saviour . . from their pater●al love to the people , they are styled fathers ▪ and therefore to be honoured according to the fifth command . so deborah was raised up a mother in israel iudg. . . kings are nursing fathers by office isai. . . but that tyrants cannot be such i have proved already ; for they can no more be accounted fathers , than he that abuseth or forceth our mother . . from the protection & shelter that people find under their conduct , they are called shields psal. . ult. the princes of the people , the shields of the earth , belong unto god. but tyrants cannot be such , because they are the subverters of the earth . . from the comfort that attends them , they are resembled to the morning light & fruitful shours of rain sam. . . they waited for me as for the rain , saith iob. . . but tyrants cannot be resembled to these , but rather to darkness , and to the blast of the terrible ones isai. . . as a storm against the wall , if darkness cannot be ouned to be light , then cannot tyrants be ouned to be magistrats . . from their pastoral care & conduct and duty , they are feeders . the judges of israel are commanded to feed the lords people chron. . . david was brought to feed jacob his people , and israel his inheritance psal. . . but tyrants are wolves not shepherds . . by office they are physicians or healers isai. . . that tyrants cannot be such is proven above . secondly on the other hand , the vileness , villany , & violence of tyrants & usurpers , are held forth by fit resemblances , being compared to these unclean creatures . . tyrants are wicked dogs , as they who compass about christ psal. . , . saul is called dog there , and in that golden psalm psal. . . saul & his complices , watching the house to kill david , make a noyse like a dog & go round about the city . . they are pushing bulls psal. . . and crushing kain of bashan , that oppress the poor amos. . . they have need then to have their horns cut s●ort . . they are roaring lyons . that are wicked rulers over the poor people prov. . . zeph. . . so paul calls nero the lyon , out of whose mouth he was delivered . tim. . . . they are ranging bears prov. . . so the persian monarch is emblemized dan. . ▪ . they are leviathan the peercing serpent & dragon isai. . . and have great affinity in name & nature with the apocalyptick dragon : so also isai. . . the egyptian tyrant is called dragon . and nebuchadnezzar swallowed up the church like a dragon ier. , . see also ezek. . . . they are wolves ravening the prey ezek. . . evening wolves that gnaw not the bones till the morrow zeph. . . . they are leopards : so the grecian tyrants is called dan. . . and antichrist revel . . . . they are foxes : so christ calls herod luk. . . . they are devils who cast the lords people into prison revel . . , . now can we oune all these abommable creatures to be magistrates ? can these be the fathers we are bound to honour in the fifth commandment ? they must be esteemed sons of dogs & devils that belive so , and oune themselves sones of such fathers . if we further take notice , how the spirit of god describes tyranny , as altogether contradistinct & opposite unto the magistracy he will have ouned ; we may infer hence tyrants & usurpers are not to be ouned . what the government instituted by god among his people was , the scripture doth both relate in matter of ●act , and describes what it ought to be de jure , viz. that according to the institution of god , magistrates should be established by the constitution of the people , who were to make them iudges & officers in all their gates , that they might iudge the people with just iudgment deut. . . but foreseeing that people would affect a change of that first forme of government , and in imitation of their neighbouring nations would desire a king , and say , i will set a king over me like all the nations that are about me deut. . . the lord , intending high & holy ends by it , chiefly the procreation of the messias from a kingly race , did permit the change , and gave directions how he should be moulded & bounded , that was to be ouned as the magistrate under a monarchial forme : to wit , that he should be chosen of god , and set up by their suffrages , that he should be a brother and not a stranger , that he should not multiply horses , nor wives , nor money ( which are cautions all calculated for the peoples good , and the security of their religion & liberty , and for precluding & preventing his degeneration into tyranny ) and that he should write a copy of the law in a book . according to which he should govern vers . . ad ●in . cap. yet the lord did not approve the change of the form , which that luxuriant people was long affecting , and at length obtained . for long before saul was made king , they profered an hereditary monarchy to gideon , without the boundaries gods law required ; which that brave captain , knowing how derogatory it was to the authority of gods institution , not to be altered in form or frame without his order , generously refused , faying , i will not rule over yow , neither shall my son rule over yow , the lord shall rule over yow iud. . . but his bastard , the first monarch & tyrant of israel , abimelech , by sinstrous means being advanced to be king by the traiterous schechemites , iotham and other of the godly disouned him : which , by the spirit of god , iotham describes parabolically , significantly ho●ding out the nature of that tyrannical usurpation , under the apologue of the trees itching after a king , and the offer being repudiate by the more generous sort , embraced by the bramble : signifying that men of worth & virtue would never have taken upon them such an arrogant domination , and that such a tyrannicall government in its nature & tendency was nothing but an useless , worthless , sapless , aspiring , scratching , & vexing shadow of a government , under subjection to which there could be no peace nor safety . but this was rather a tumultuary interruption than a change of the government , not being universally either desired or ouned ; therefore after that the lord restored the pristine form : which continued until , being much perverted by samuels sons , the people unanimously & peremptorly desired the change thereof , and whether it were reason or not would have a king ; as we were fondly set upon one , after we had been delivered from his fathers yoke : and the lord gave them a king with a curse , and tooke him away with a vengeance , hos. . . as he did our charles the second . yet he permited it , but with a protestation against and conviction of the sin , that thereby they had rejected the lord sam. . . and with a demonstration from heaven , which extorted their oun confession , that they bad added unto all their sins this evil to ask a king sam. . , , . and to deter & disswad from such a conclusion , he appoints the prophet to shew them the manner of the king that should reign over them sam. . . to declare before hand , what sort of a ruler he woud prove , when they got him ; to wit , a meer tyrant , who would take their sons and appoint them for himself , for his chariots , and for horsemen , and to run before his chariots , and make them his sowldiers , and labourers of the ground , and instrument-makers , and houshold servants , and he would take their fields & vineyards — the best of them , and give unto his servants , in a word to make all slaves ; and that in the end when this should come to pass , they should cry out because of their king , but the lord would not hear them vers . - , all which , as it is palpable in it self , so we have sensibly felt in our experience to be the natural description of tyranny , but more tollerable than an account of ours would amount to . it is both foolishly & falsely alledged , by royalists or tyrannists , that here is a grant of incontroulable absoluteness to kings to tyrannise over the people without resistence , and that this manner of the king is in the original mishphat , which signifies right or law , so that here was a permissive law given to kings to tyrannise , and to oblige people to passive obedience , without any remedy but tears , and therefore it was registered & laid up before the lord in a book sam . . but i answer . . if any thing be here granted to kings , it is either by gods approbation , directing & instructing how they should govern ; or it is only by permission & providential commission to them , to be a plague to the people for their sin of choosing them , to make them drink as they have brewed , as sometimes he gave a charge to the assyrian rod to trample them doun as the mire of the streets : if the first be said , then a king that does not govern after that manner , and so does not make people cry out for their oppression , would came short of his duty , and all behoved to tyrannize and make the people cry out ; then a king may take what he will from his subjects , and be approved of god : this were blasphemously absurd , for god cannot approve of the sin of oppression . if the second be said , then it cannot be an universal grant , or otherwise all kings must be ordained for plagnes ; and if so , it were better we wanted such nursing fathers . . though mishphat signifies right or law , yet it signifies also , and perhaps no less frequently , manner , course , or custome : and here it cannot signify the law of god , for all these acts of tyranny are contrary to the law of god ; for to make servants of subjects is contrary to the law of god deut. . . forbidding to lift up himself so far above his brethren , but this was to deal with them as a proud pharaoh ; to take so many for chariots & horsemen , is also contrary to the law deut. . . he shall not multiply horses : to take their fields & vineyards , is meer robbery , contrary to the moral & judicial law , whereof he was to have alwise a copy vers . . and contrary to ezek. . . the prince shall not take of the peoples inheritance &c. this would justify ahabs taking naboths vineyard , which yet the lord accounted robberie , and for which tyrants are called companions of thieves isai. . . & robbers isai. . . into whose hands the lord somtimes may give his people for a spoyl in judicial providence , but never with his approbation & grant of right : to make them cry out , ●s oppression , which the lord abhors isai. . , . and if this be all the remedy , it is none ; for it is such a cry , as the lord threatens he will not hear . . it is false that this manner of the king was registered in that book mentioned sam. . . for that was the law of the kingdom , accordingly the copy of which the king was to have for his instruction , containing the fundamental laws , point blank contrary to this which was the manner of the king : there is a great difference between the manner of the kingdom , what ought to be observed as law , and the manner of the king what he would have as lust . would samuel write in a book the rules of tyranny , to teach to oppress , contrary to the law of god ? he sayes himself he would only teach both king & people the good & the right way , sam. . , . . nothing can be more plain , than that this was a meer disswasive against seeking a king ; for he protests against this course , and then layes before them what sort of king he should be , in a description of many acts of tyranny , and yet in end its said vers . . nevertheless the people refused to obey the voice of samuel , and said , nay but we will have a king. now what else was the voice of samuel , than a disswasion ? i am not here levelling this argument against monarchy in the abstract , that does not lie in my road . but i infer from hence . . if god was displeased with this people for asking & ouning a king , who was only tyrannus in fieri , and disswades from the choise by a description of his future tyranny ; then certainly he was displeased with them when they continued ouning him , when a tyrant in facto esse , according to that description : but the former is true , therefore also the latter . the consequence is clear ; for continuing in sin is sin ; but continuing in ouning that tyrant which was their sin at first , was a continuing in sin : ergo — the minor is confirmed thus : continuing in counteracting the motives of gods disswasion , especially when they are sensibly visible , is a continuing in sin : but their continuing in ouning saul after he became a tyrant , was a continuing in counteracting the motives of gods disswasion , when they were sensibly visible . i do not say , because it was their sin to ask soul , therefore it was not lawful to oune him , while he ruled as a magistrate ; and so if charles the second had ruled righteously , it would not have been sin to oune him : but after the lord uses disswasives from a choise of such a one , and these are signally verified , if it was sin to make the choise , then it must be sin to keep it . . if it was their sin to seek & set up such a one before he was tyrant , who yet was admitted upon covenant terms , and the manner of it registered ; then much more is it a sin to seek & set up one , after he declared himself a tyrant , and to admit him without any terms at all , or for any to consent or give their suffrage to such a deed : but the former is true : therefore the latter : and consequently , to give our consent to the erection of the d. of y. by ouning his authority , were our sin . . if it be a sin to oune the manner of the king there described , then it is a sin to oune the present pretended authority , which is the exact transumpt of it : but it is a sin to oune the manner of the king there described , or else it would never have been used as a disswasive from seeking such a king. . to bring our selves under such a burden which the lord will not remove , and involve our selves under such a miserie wherein the lord will not hear us , is certainly a sin vers . . but to oune or chuse such a king , whose manner is there described , would bring our selves under such a burden & miserie , wherein the lord would not hear us : ergo it were our sin . . we may adde the necessary qualifications of magistrates , which the lord requires to be in all , both superior & inferior : and thence it may be inserred , that such pretended rulers who neither have nor can have these qualifications are not to be ouned as magistrates , no more than such are to be ouned as ministers who have no qualifications for such a function . we find their essentially necessary qualifications particularly described . iethros counsel was gods counsel & command ; that rulers must be able men , such as fear god , men of truth , hating covetousness exod. . . tyrants & usurpers have none nor can have any of these qualifications , except that they may have ability of force , which is not here meant ; but that they be morally able for the discharge of their duty : surely they cannot fear god ; nor be men of truth , for then they would not be tyrants . it is gods direction , that the man to be advanced & assumed to rule , must be a man in whom is the spirit numb . . . as is said of ioshua : what spirit this was , deut. . . explains , he was full of the spirit of wisdom , that is , the spirit of government ; not the spirit of infernal or iesuitical policy , which tyrants may have , but they cannot have the true regal spirit , but such a spirit as saul had when he turned tyrant , an evil spirit from the lord. moses saith : they must be wise men & understanding and known among the tribes , deut. . . for if they be children or fools , they are plagues & punishments isai. . , , . &c. not magistrates , who are alwise blessings . and they must be known men of intergrity , not known to be knaves or fools , as all tyrants are alwayes . the law of the king is , deut , . . he must be one of the lords choosing . can tyrants & usurpers be such ? no they are set up , but not by him hos. . . he must be a brother & not a stranger , that is , of the same nation and of the same religion : for though infidelity does not make void a magistrates authority , yet both by the law of god & man , he ought not to be chosen who is an enemy to religion & liberty : now it were almost treason , to call the tyrant a brother ; and i am sure it is no reason , for he disdains it , being absolute above all . that good kings testament confirms this , the god of israel said , the rock of israel spake , he that ruleth over men must be just , ruling in the fear of god sam. . . but tyrants & usurpers cannot be just ; for if they should render every one their right , they would keep none to themselves , but behoved to resign their robberies in the first place , and then also they must give the law its course , and that against themselves . these scriptures indeed do not prove , that all magistrates are in all their administrations so qualified , nor that none ought to be ouned but such as are so qualified in all respects . but as they demonstrate what they ought to be , so they prove that they cannot be magistrates of gods ordaining who have none of these qualifications : but tyrants & usurpers have none of these qualifications . much more do they prove that they cannot be ouned to be magistrats , who are not capable of any of these qualifications : but usurpers are not capable of any of these qualifications . at least they conclude , in so far as they are not so qualfied , they ought not to be ouned but disouned : but tyrants & usurpers are not so qualified in any thing : therefore in any thing they are not to be ouned but disouned : for in nothing they are so qualified as the lord prescribes . secondly , i shall offer some reasons from scripture assertions . . it is strongly asserted in elihu's speech to iob , that he that hateth right should not govern . where he is charging iob with blasphemie , in accusing god of injustice ; of which he vindicates the almighty , in asserting his soveraignity & absolute dominion , which is inconsistent with injustice : and shewes both that if he be soveraign he cannot be unjust , and if he be unjust he could not be soveraign : which were horrid blasphemy to deny . and in the demonstration of this , he gives one maxime in a question , which is equivalent to an universal negative iob. . , . shall even he that hateth right govern ? and wilt thow condemn him that is most just ? is it fit to say to a king , thow art wicked ? and to princes , ye are ungodly ? in which words , the scope makes it clear , that if iob made god a hater of right , he should then deny his government ; and if he took upon him to condemn him of injustice , he should blasphemously deny him to be king of the world. for it is not fit to say to any king , that he is wicked , or so ungodly as to be a hater of right ; for that were treason , lese-majestie , and in effect a denying him to be king : much less is it fit to say to him that is king of kings . here then it is affirmed , & supposed to hold good of all governours , that he that hateth right should not govern , or bind , as it is in the margent ; for ●abash signifies both to bind and to govern , but all to one sense , for governours only can bind subjects authoritatively , with the bonds of laws & punishments . i know the following words are alledged , to favour the incontroulableness & absoluteness of princes , that it is not fit to say to them , they are wicked . but plain it is , the words do import treason against lawful kings , whom to call haters of right were to call their kingship in question ; as the scope shewes , in that these words are adduced to justify the soveraignity of god by his justice , and to confute any indirect charging him with injustice because that would derogate from his kingly glory , it being impossible he could be king & unjust too . so in some analogy , though every act of injustice do not unking a prince ; yet to call him wicked , that is habitually unjust , and a hater of justice , were as much as to say , he is no king , which were intollerable treason against lawful kings . but this is no treason against tyrants : for truth & law can be no treason ; now this is the language of truth & law , that wicked kings are wicked ; and they that are wicked & ungodly ought to be called so , as samuel called saul , and elijah ahab &c. however it will hold to be a true maxime , whether we express it by way of negation or interrogation . shall even he that hateth right govern ? but are not tyrants & usurpers haters of right ? shall therefore they govern ? i think it must be answered , they should not govern. if then they should not govern , i infer , they should not be ouned as governours . for if it be their sin to govern ( right or wrong , it s all one case , for they should not govern at all ) then it is our sin to oune them in their government : for it is alwise a sin to oune a man in his sinning . . the royal prophet , or whoever was the penman of that appeal for justice against tyranny psal. . . does tacitely assert the same truth , in that expostulation , shall the throne of iniquity have fellowship with thee , that frameth mischief by a law ? which is as much as if he had said , the throne of iniquity shall not , no cannot have fellowship with god ; that is , it cannot be the throne of god that he hath any interest in , or concern with , by way of approbation : he hath nothing to do with it , except it be to suffer it a while , till he take vengeance on it in the end . and shall we have fellowship with that throne , that god hath no fellowship with , and that is not his throne but the devils , as it must be , if god doth not oune it ? much may be argued from hence , but in a word : a throne which is not of god nor ordained of god , but rather of the devil , cannot be ouned ( for that is the reason of our subjection to any power , because it is of god and ordained of god rom. . . and that is the great dignity of magistracy , that its throne is the throne of god chron. . . ) but a throne of tyrannie & usurpation is a throne which is not of god , nor ordained of god , but rather of the devil : ergo — the minor is proved : a throne of iniquity &c. is a throne which is not of god , nor ordained of god , but rather of the devil : but a throne of tyranny & usurpation is a throne of iniquity : ergo it is not of god & so not to be ouned . . the lord charges it upon israel as a transgression of his covenant , & trespass against his law , that they had set up kings & not by him and had made princes and he knew it not hos. . . and then taxes them with idolatry , which ordinarly is the consequent of it , as we have reason to fear will be in our case . he shewes there the apostasie of that people , in changing both the ordinances of the magistracy and of the ministry , both of the kingdom & of the priest-hood , in which two the safety of that people was founded : so they overturned all the order of god , and openly declared they would not be governed by the hand of god , as calvin upon the place expounds it . whereas the lord had commanded , if they would set up kings they should set none up but whom he choosed deut. . . yet they had no regard to this , nor consulted him in their admission of kings , but set them up and never let him to wit of it , without his knowledge , that is , without consulting him , and without his approbation , for it can have no other sense . i know it is alledged by several interpreters , that here is meant the tribes secession from the house of david , and their setting up ieroboam . i shall confess that the ten tribes did sin in that erection of ieroboam , without respect to the counsel or command of god , without waiting on the vocation of god , as to the time & manner , and without covenanting with him for security for their religion & liberty : but that their secession from davids line , which by no precept or promise of god they were astricted to , but only conditionally , if his children should walk in the wayes of god , or that their erecting of ieroboam was materially their sin , i must deny ; and assert , that if ieroboam had not turned tyrant & apostate from god ( for which they should have rejected him afterwards and returned to the good kings of davids line ) he would have been as lawful a king as any in iudah , for he got the kingdom from the lord the same way , and upon the same terms that david did , as may be seen expressly in king. . . it must be therefore meant , either generally of all tyrants whom they would set up without the lords mind , as at first they would have kings on any terms , though they should prove tyrants , as we have seen in sauls case . or particularly omri whom they set up , but not by the lord king. . . and abab his son , and shallum , menahem , pekah &c. who were all set up by blood & treacherie , the same way that our popish duke is now set up , but not by the lord , that is by his approbation . hence i argue , those kings that are not ouned of god , nor set up by him , must not be ouned by us ( for we can oune none for kings but those that reign by him prov. . . and are ordained of him rom. . . ) but tyrants & usurpers are not ouned of god as kings , nor are set up by him : ergo — again if it be a sin to set up kings and not by god , then it is a sin to oune them when set up : for , that is a partaking of & continuing in the sin of that erection , and hath as much affinity with it , as resetting hath with thieft ; for if they be the thieves , they are the ressetters who receive them & oune them . . the prophet habakkuk , in his complaint to god of the chaldean tyranny , asserts that god hath made the righteous , as the fishes of the sea , as the creeping things , that have no ruler over them , habak . . . now how were they said to be without a ruler , when the chaldean actually commanded & absolutely ruled over them ? yea how can the fishes & reptiles have no ruler over them ? if domineering be ruling , they want not that ; when the weaker are over-mastered by the stronger , and by them made either to be subject : ar to become their prey . but the meaning is , these creatures have no ruler over them by order of nature : and the iewes had then no ruler over them by order of law , or ordination from god , or any that was properly their magistrate by divine institution , or humane orderly constitution . we see then it is one thing for a people to have an arbitrary or enthra●ing tyranny , another to have true magistracy or authority to be ouned over them , without which kingdoms are but as mountains of prey , and seas of confusion . hence i argue , if the iewes , having the chaldean monarch tyrannising over them , had really no ruler over them , then is a tyrant & usurper not to be ouned for a ruler : but the former is true : therefore also the latter . , our saviour christ delivers this as a commonly received & a true maxime , iohn . . . he that honoureth himself his honour is nothing . the iewes had objected that he had only made himself messias , vers . . to whom he answers by way of concession , if it were so indeed then his claims were void , if i honour my self my honour is nothing : and then claims an indubitable title to his dignity , it is my father that honoureth me . here is a two fold honour distinguished , the one real the other suppositious & null , the one renounced the other ouned by christ , self-honour & honour which is from god. hence i argue , a self created dignity is not to be ouned : the authority of tyrants & usurpers is a self created dignity : ergo — this was confirmed above . thirdly i shall offer some other considerations confirming this truth , from those scriptures which i class among precepts . and these i find of diverse sorts touching this subject . . i shew before that the greatest of men , even kings , are not exempted from punishment and capital punishment , if guilty of capital crimes : for where the law distinguisheth not , we ought not to distinguish . there is one special & very peremptory law , given before the law for regulating kings , which by that posterior law was neither abrogated nor limited even as to kings , deut. . - . if thy brother ( and a king must be a brother deut. . . ) — entice the secretly saying let us go & serve other gods — thow shalt not consent unto him nor hearken unto him neither shall thine eye pity him . how famous mr knox improved this argument , is shewed in the third period . that which i take notice of here is only , that kings are not excepted from this law , but if they be open intycers to idolatry , by force or fraud , persecution or tolleration , as this idolater now reigning is palpably doing , they are obnoxious to a legal animadversion . as it cannot be supposed , that secret intycers should be lyable to punishment , and not open avouchers of a desire & design to pervert all the nation to idolatry : that a private perverter of one man , though never so nearly & dearly related , should be pursued & brought to condign punishment , and a publick subverter of whole nations , and introducer of a false & blasphemous idolatrous religion , should escape scot-free . let the punishment inflicted be in a judicial way , and of what measures it pleases the judge to determine , i shall not controvert here ; only i plead , that idolatrous tyrants are not excepted from this law : and infer , that if they ought to be punished they ought to be deposed ; and if they ought to be deposed , they cannot be ouned , when undenyably , guilty of this capital crime , as was urged above . to this i may adde that part of that prophetical kings testament ; who being about to leave the world , under some challenges of mal-administration in his oun government ( for which he took himself to the well ordered everlasting covenant , for pardon & encouragment ) after he had shown what rulers should be , he threatens , by antithesis , tyrannical●pretenders , in these severe words , which do also imply a precept , and a direction how to deal with them sam . , . but they of belial shall be all of them as thorns thrust away , because they cannot be taken with hands , but the man that shall touch them must be fenced with iron & the staff of a spear , and they shall be utterly burnt with fire in the same place . let these words be understood as a threatening against all the wicked in general , who ars to bequenched as the fire of thorns ; or particularly of the promoters of antichrists kingdom , in opposition to christs , as some interpreters judge ; it will not weaken but confirm my argument , if kings who are ringleaders of that gang be not excepted . i know some do understand this of rebells against righteous rulers : which though indeed it be a truth , that they that are such should be so served , and roughly handled with iron and the staff of a spear ; yet it is not so consonant to the scope & connexion of this place , shewing the characters of righteous rulers and of usurping tyrants , making an opposition between rulers that are just ruling in the fear of god , and those that are rulers of belial , promising blessings upon the government of the one & contempt & rejection to the other , and shewing how both should be carried towards : neither does it aggree with the words themselves , where the supplement in our translation is redundant ; for it is not in the hebrw , the sons of belial , only they of belial , clearly relative to the rulers of whom he was speaking before . and indeed the word belial , in its etymology is not more applicable to any than to tyrants ; for it comes from beli , non , and hhall supra , because they will have none above them , or from beli non and hhol jugum , because they cannot suffer a yoke , but cast away the yoke of laws and the yoke of christ , saying , let us burst his bands &c. nor is it alwayes aggreeable to truth , to understand it only of rebells against righteous rulers , that they can never be taken with hands : for as very rarely righteous rulers have any rebells , to be the objects of their rigour & rage ; so when there are any , discreet & wise rulers will find many wayes to take & touch them , and quash or quiet them . but it is alwise true of tyrants , for they can never be taken with hands , neither in a friendly manner , taken by the hand and transacted with in any bargain as other men , for they that would do so will find them like pricking & jagging bryers , which a man cannot handle without hurt to himself ; nor can they be any other way repressed or restrained or touched , but by hands fenced with iron , that is , with the sword of necessity , or ax of justice . and this is insinuated as duty , so to endeavour to exstirpate & eradicate such thorns , as pester the common-wealth : but if it cannot be done , it must be duty & wisdom both not to medle with them , nor oune them , no more than iotham , who would not subject himself nor come under the shaddow of the bastard bramble . i confess it is commonly taken as a threatening of the lords judgement against these sons of belial : and so it is . but it teacheth also what men are called to , when they have to do with such , to wit , to take the same course with them as they would to clear the ground of thorns & bryars . and that it is restricted to the lords immediate way of taking them off , is not credible : for , it can have no tollerable sense to say , they shall be thrust away because they cannot be taken with the lords hands : neither is there need , that he should be fenced with iron &c. and let iron &c. be taken tropically for the lords sword of vengeance ; yet how can it be understood , that he must be fenced there with ? or that he will trust them away , as a man must be fenced against thorns ? what defence needs the lord against tyrants ? it is only then intelligible , that the lord in his righteous judgement will make use of men & legal means , and of those who cannot take them with hands , in his judicial procedure against them . hence i argue , if tyrants are to be dealt with as thorns , that cannot be taken with hands , but to be thrust away by violence , then , when we are not in case to thrust them away , we must let them alone , and not medle nor make with them , and so must not oune them , for we cannot oune them withount medling , and without being pricked to our hurt : but the former is true : ergo — of this same nature , another threatening confuting the pretence of princes impunity , may be subjoined out of psal. . , . i have said ye are gods , and all of yow are children of the most high , but ye shall die like men & fall as one of the princes . from which words , the learned author of the history of the douglasses , mr david hume of gods craft , in his discourse upon mr craigs sermon upon the words , doth strongly prove , that the scope is to beat off all kings , princes , & rulers , from the conceit of impunity for their tyrannical dominations ; that they must not think to domineer and do what they list , and overturn the foundations or fundamental laws of kingdoms , because they are gods ; as if they were thereby incontrolable , and above all law & punishment : no , they must know , that if they be guilty of the same transgressions of the law , as other capital offenders , they shall die like other men , & fall as princes who have been formerly punished . it is not to be restricted to a threatening of mortality ; for that is unavoidable , whether they judge justly or unjustly , and the fear thereof usually hath litle efficacy to deter men from crimes punishable by law : neither can it be understood only of the lords immediate hand taking them away , exclusive of mens legal punishment ; for expresly they are threatened to die like common men , and to be lyable to the like punishment with them : now common men are not only lyabl to the lords immediate judgement , but also to mens punishment . hence , if tyrants and overturners of the foundations of the earth , must be punished as other men , then when they are such they cannot be looked upon as righteous rulers , for righteous rulers must not be punished : but the former is true : ergo — according to these scriptures , which either express or imply a precept to have no respect to princes in judgement when turning criminalls , we find examples of the peoples punishing amazia &c. which is recorded without a challenge , and likewise athalia . . there is a precept given to a humbled people , that have groaned long under the yoke of tyranny & oppression , enjoining them , as a proof of their sincerity in humiliation , to bestir themselves in shaking off those evils they had procured by their sin . isai. . . is not this the fast that i have ch●sen , to loose the bands of wickedness , to undo the heavy burdens , and to let the oppressed go free , and that ye break every yoke ? which are all good works of justice & mercy , and more acceptable to god than high flown pretences of humiliation , under a stupid submission ; and hanging doun the head as a bulrush . we see it then a duty to relieve the oppressed , and to repress tyranny , and break its yoke . if it be objected ( ) that these are spiritual bonds & yokes , that are here commanded to be loosed & broken ; or if any external be meant , they are only the yokes of their exactions & usuries . for ans. i grant , that it is the great duty of a people humbling themselves before the lord , to break off their sins by righteousness and their iniquity by shewing mercy to the poor dan. . . but that this is the only duty i deny ; or that this is the genuine & only sense of this place , cannot be proved , or approved by the scope ; which is , to press them to those duties they omitted , whereby the poor oppressed people of god might be freed from the yokes of them that made them to houl , and to bring them to the conviction of those sins for which the lord was contending with them , whereof this was one , that they exacted all their labours , or things wherewith others were grieved ( as the margent reads ) or suffered the poor to be oppressed . ( ) if it be alledged , that this is the duty proper to rulers to relieve the oppressed &c. i answer , it is so ; but not peculiar to them : yet most commonly they are the oppressors themselves , and cast out the poor , which others must take in to their houses . but the duty here is pressed upon all the people , whose sins are here cryed out against ( vers . . ) upon all who professed the service of god , & asked the ordinances of justice ( vers . ) upon all who were fasting & humbling themselves , and complained they had no success ( vers . . ) the reasons whereof the lord discovers ( vers . . . ) whereof this was one , that they did not loose those bands , nor breake these yokes , nor relieved the oppessed ; and those works of justice ( vers . . ) are pressed upon the same grounds , that the works of mercy are pressed upon ( vers . . ) sure these are not all nor only rulers . hence i argue , if it be a duty to break every yoke of oppression & tyranny , then it is a duty to come out from under their subjection : but the former is true : therefore aso the latter . . in answer to that grand objection of the iewes subjection to nebuchadnezzar , i shew what litle weight or force there is in it . and here i shall take an argument from that same passage . the lord commands his people there , to desert & disoune zedekiah who was the possessor of the government at present , and sayes , it was the way of life to fall to the chaldeans ier. . , . which was a falling away from the present king. either this commanded subjection to the chaldeans is an universal precept ; or it is only particular at that time . if it be universal , obliging people to subject themselves to every conqueror , then it is also universal obliging people to renounce & disoune every covenant-breaking tyrant , as here they were to fall away from zedekiah : if it be only particular , then the ouners of of tyranny have no advantage from this passage . and i have advantage , so far as the ground of the precept is as moral , as the reason of that punishment of zedekias , which was his perfidie & perjurie . hence , if the lord hath commanded to disoune a king breaking covenant , then at least it is not insolent or unprecedented to do so : but here the lord hath commanded to disoune a king : ergo — fourthly we may have many confirmations of this truth , from scripture practices approven . . i was but hinting before , how that after the death of that brave captain & judge gideon , when abimelech the son of his whore , did first aspire into a monarchy , which he perswaded the silly schechemites to consent to , by the same argument which royalists make so much of , for asserting the necessity of an hereditary monarchy [ whether is it better for yow either that all the sons of jerubbaa● — reign over yow or that one reign over yow . ] & by bloody cruelty did usurp a monarchical or rather tyrannical throne of domination , founded upon the blood of his seventy brethren ( as we know , whose throne is founded upon the blood of all the brethren he had ) jotham , who escaped , s●●rned to put his trust under the shadow of such a bramble , and they that did submit , ●ound his parable verified , a mu●●al fire reciprocally consuming both the usurping king and his traiterous subjects : neither did all the godly in israel submit to him . see pool synops. critic . on the place iud. . here is one express example of disouning a tyrant & usurper . . i shew before , how after the period of that theocracy , which the lord had maintained & managed for some time in great mercy & majesty in & over his people , they , itching after novelties and affecting to be neighbour-like , rejected the lord in desiring a king ; and the lord permiting it , gave them a king in his wrath ( the true original & only sanction of tyrannical monarchy ) when the characters of his tyranny , presaged by samuel , were verified in his aspiring into a great deal of absoluteness , especially in his cruel persecuting of david ; not only the men that were davids followers stood out in open opposition to him , but in the end , being weary of his government , many brave & valiant men , whom the spirit of god commends & describes very honourably , fell off from saul , even while he was actually tyrannising , before he was dead chron. . . &c. they came to david to ziklag while he yet kept himself closs because of saul the son of kish ( n. b. now he is not honoured with the name of king ) they were armed with bows and could use both the right hand & the left . and of the gadites , there separated themselves unto david men of might fit for the battel , that could handle shield & buckler , whose ●aces were as the faces of lyons vers . . and the spirit came upon amasai chief of the captains , saying , thine are we david & on thy side thow son of iesse . here was a formed revolt from saul unto david before he was king , for after this he was made king in hebron , and there could not be two kings at once . hence i argue , if people may separate themselves from and take part with the resister , against a tyrant ; then they may disoune him ( for if they oune him still to be the minister of god , they must not resist him rom. . . ) but here is an example that many people did separate themselves from saul and took part with the resister david : ergo — here two of the first monarchs of israel were disouned , abimelech & saul . . the first hereditary successor was likewise disouned , as was hinted above likewise . the ten tribes offer to covenant with rehoboam , in terms securing their rights & liberties . they desired nothing on the matter , but that he would engage to rule over them according to the law of god ; to which when he answered most tyrannically , and avowed he would tyrannise over them , and oppress them more than any of his predicessors , they fell away from him , and erected themselves into a new common-wealth king. . . so when israel saw that the king hearkened not unto them , they answered , what portion have we in david ? neither have we inheritance in the son of iesse , to your tents o israel , now see to thine oun house david chron. . . now , however the event of this declared revolt proved sorrowful , when they and their new king made defection unto idolatry , yet if they had stated & managed it right , the cause was good , justifyable , & commendable . for ( ) we find nothing in all the text condemning this ( ) on the contrary its expressly said , the cause was from the lord , that he might perform his saying which he spake by ahijah king. . . chron. . . and ( ) when rehoboam was preparing to pursue his pretended right , he was reproved & discharged by shemajah , ye shall not go up nor fight against your brethren , for this thing is from me king. . . chron. . . ( ) whereas it is alledged by some , that this was of god only by his providence , and not by his ordinance ; the contrary will appear , if we consider , how formally & covenant-wise the lord gave ten tribes to ieroboam king. . , , . i will take the kingdom out of his sons hand , and i will give it unto thee , even ten tribes ; and i will take thee , and thow shalt reign according to all that thy soul desireth , and shall be king over israel ; and it shall be , if thow wilt hearken unto all that i command thee , and will walk in my wayes and do that which is right in my sight , to keep my statutes & my commandments , as david my servant did , that i will be with thee & build thee a sure house , as i built for david , and will give israel unto thee . where we see , the kingdom was given unto him on the same terms & conditions , that it was given to david . he may indeed give kingdoms to whom he wi● , by providential grant , as unto nebuchadnezzar and others ; but he never gave them a kingdom upon these conditions , and by way of covenant , that does alwayes imply & import his word , warrant , & ordinance ( ) if we consider the cause of the revolt , we will find it very just : for after the decease of the former king , they enter upon terms of a compact with the successor , upon a suspensive condition , to engage into fealty & allegiance to him as subjects , if he would give them security for their liberties & priviledges . a very lawful , laudable & necessary transaction , founded upon moral equity , & upon the fundamental constitutions of that government , and suitable to the constant practice of their predicessors in their covenanting with saul & david . as for that word king. . . so israel rebelled against the house of david : it is no more then in the margent , they fell away or revolted ; and no more to be condemned , then hezekiahs rebellion king. . . the lord was with him , and he rebelled against the king of assyria . that was a good rebellion . hence , if it be lawful for a part of the people to shake off the king , refuse subjection to him , and set up a new king of their oun , when he resolveth to play the tyrant , and rule them after his oun absolute power ; then it is a duty , when he actually playes the tyrant , and by his absolute power overturns laws & religion , and claims by law such a prerogative : but the former is true : ergo — see ius pepuli vindic . chap. . pag . . this same ieroboam , when he turned tyrant & idolater , was revolted from and deserted by the priests & the levites , and after them out of all the tribes of israel , by all such as set their heart to seek the lord god of israel ; because that king , degenerating into tyranny & idolatry , had put them from the exercise of their office & religion ( as our charles did , and ordained him priests for the devils & for the calves : so they returned to rehoboam , being induced by his administration of the government , which for a time was better then he promised , for three years he walked in the wayes of david & salomon chron. . - . hence i argue , if idolatrous tyrants may be deserted , then they may be disouned ; for when they desert them , they disoune them abroad , in coming under another government ; and if they may be disouned abroad , it is the same duty at home , though may be not the same policy or prudence . . another example of the like nature we have in the reign of baasha , who succeeded to nadab ieroboams son , whom he slew & reigned in his stead ( the same way that the duke came to the throne ) for he could not keep his subjects within his kingdom , but behoved to build ramah , that he might not suffer any to go out or come in to asa. king of iudah , a good prince , king . . yet that could not hinder them , but many strangers out of ephraim & manasseh & simeon fell to him in abundance , when they saw that the lord his god was with him chron. . . hence , if people may chuse another king , when they see the lord is with him , then they may disoune their country king , when they see the devil is with him . . when jehoram the son of ahab reigned over israel , we have an express example of elisha's disouning him king. . . . and elisha said unto the king of israel , what have i to do with thee ? — as the lord of hosts liveth , before whom i stand , surely were it not that i regard the presence of jehoshaphat the king of judah , i would not look toward thee nor see thee , here he declares so much contempt of him , and so litle regard , that he disdains him a look . and if he would not regard him , nor give him honour , then he did not oune him as king ; for all kings are to be honoured , that are ouned to be kings really . it may be alledged by some : that elisha was an extraordinary man , and this was an extraordinary action , and therefore not imitable . i shall grant it so far extraordinary , that it is not usual to carry so to persons of that figure , and that indeed there are few elisha's now , not only for his prophetick spirit which now is ceased , but even in respect of his gracious spirit of zeal , which in a great measure is now extinguished : he was indeed an extraordinary man , and this action did demonstrate much of the spirit of elias , to have been abiding with him . but that this was unimitable , these reasons induce me to deny . ( ) prophets were subject to kings as well as others , as nathan was to david ( king. . , . ) every soul must be subject to the higher powers that are of god ( ) all the actions of prophets were not extraordinary , nor did they every thing by extraordinary inspiration ; that was peculiar to christ , that he could prophecy & do extraordinary acts when he pleased , because he received the spirit not by measure , and it rested upon him. ( ) this particular action & carriage was before he called for the minstrel , and before the hand of the lord came upon him vers . . ergo this was not by inspiration . ( ) the ground of this was moral & ordinary , for hereby he only shewed himself to be a person fit to abide in the lords tabernacle , and an upright walker in whose eyes a vile person is contemned , psal. . . and a just man , to whom the unjust is an abomination prov. . . what further can be aledged against this instance , i see not . and i need draw no argument by consequence , it is so plain . . this same jehoram , after many signal demonstrations of the power of god exerted in the ministry of his servant elisha , which sometimes did extort his acknowledgment and made him call the prophet his father , king. . . yet when in the strait siege of samaria he was plagued with famine for his idolatry , in so much that the pitiful mothers were made to eat their oun tender children ; became so insolent a tyrant , that being incensed into a madness of outragious malice against the prophet elisah , that he sware , god do so to him & more also if the head of elisha the son of shaphat should stand on him that day , accordingly he sent a messenger to execute it . but the prophet , from a principle of nature & reason & law , as well as grace , and by the spirit of a man as well as of a prophet , stood upon his defence , and encouraged those that were with him to keep out the house against him , saying , see ye how this son of a murderer ( a proper style for such a monster of a king ) hath sent to take away mine head ... king. . . this is a strong argument for self defence , but i improve it thus : if tyrants may be opposed as sons of murderers , & murderers themselves , and no otherwise to be accounted then under such a vile character , then can they not be ouned as kings : but here is an example for the first : ergo — . this mans brother in law , of the same name , iehoram the son of iehoshaphat , who had the daughter of ahab to wife , and therefore walked in the way of the house of ahab , gives us another instance . he turned apostate & tyrant , and abimelech-like ( or if yow will yorklike ) slew his brethren , and diverse also of the princes of israel ; moreover he made high places in the mountains of iudah , and caused the inhabitants of ierusalem to commit ●ornication , and compelled iudah thereto : for which cause of his intollerable insolency in wickedness , libnah one of the cities of priests in iudah , revolted from him king. . . because he had forsaken the lord god of his fathers chron. . . which was the motive & impulsive cause of their disouning him , and is not to be detorted to that restricted cavil of royalists , understanding it only as the meritorous or procuring cause of his punishment & loss sustained thereby ; for it is not so said of the edomites who revolted at the same time , as it is mentioned in another paragraph ; neither of the philistims & arabians & ethiopians , whose spirit the lord stirred up against him ; these were also a punishment to him : nor would it found very suitably to be said , that they opposed him because he had forsaken the lord god of his fathers : for that would insinuate some influence that his apostasie had on them , as certainly it could not but have on the lords priests that dwelt in libnah , who understood by the law of god , what was their duty to do with intycers or drawers or drivers to idolatry : and when they were not in capacity to execute the judgement of the lord , this was the least they could do , to revolt . here then is an example of a peoples revolt from a prince , and disouning allegiance to him because of apostasie & tyranny . . in this kingdom of iudah , after long experience of a succession of hereditary tyranny in many wicked kings , the people after they had long smarted for their lazie loyaltie in their stupid abandoning , forgetting , & foregoing this priviledge of disouning tyrants , and keeping them in order , began at length to bestir themselves in their endeavours to recover their lost liberties , and repress tyrants insolencies on several occasions . wherein , though sometimes there were extravagances , when circumstances did mar the justice of the action , and some did go beyond their sphere in tumultuary precipitations ; yet upon the matter it was justice , and in conformity to a moral command . one impregnable witness of this we have , in the pious plot of iehojada the priest , who being but a subject , as all priests were ( as the deposition of abiathar by king solomon king. . . proveth ) entered into an association with the inferior rulers , to choose & make a new king ; and notwithstanding that the idolatress & she-tyrant athaliab , who had the possession of the government , cried treason , treason at the fact , they had her forth without the ranges , & slew her king. . - . this was according to the law deut. . and approven by all interpreters , even mr pool in his synopsis critic . though alias superlatively loyal , yet approves of this , and sayes , she was an incurable idolatress , and therefore deserved to be deposed by the nobles of the kingdom : and quotes grotius in loc. saying [ she reigned by meer force & no right , and therefore justly repressed by force , for the hebrewes were to have brethren for their kings but not sisters , deut. . . ] hence if tyrants may be forcibly repressed , then may they peaceably be disouned : but this example comfirms that : ergo — . the sacred history proceeds in the relation , how this same joash , the son of ahaziah , after he degenerated into murdering tyranny , was slain by jozachar & jehozabad king. . , . but that was by his oun servants in private assassination ; therefore they are called murderers by amaziah his son king. . , . but upon the matter it was the justice of god , which he deserved ( if it had been duely execute ) for the blood of the sone of jehojada the priest chron. . . so amon the son of manasseh , for his walking in the way of his father in idolatry & tyranny , and forsaking the lord god of his fathers , was slain in his oun house by his servants , who conspired against him ; but though this was justice also upon the matter , and consonant to the command for punishing idolaters & murderers , yet because defective in the manner , and done by them that tooke too much upon them , in a perfidious way of private assassination & conspiracy , therefore the people of the land punished them for it king. . . . but the repressing & punishing of amaziah is a more unexceptionable instance . the people made a conspiracy against him in ierusalem , and he fled to lachish , but they sent after him to lachish and slew him there king. . . after the time that he turned away from following the lord chron. . . which was according to the command deut. . which hath no exception of kings in it . this action was not questioned either by the people , or his successor , as the formentioned conspiracies were . his son uzziah succeeding , who did right & consulted the lord ( chron. . , . ) did not resent nor revenge his fathers death ; which certainly he would have done , by advice of zechariah who had understanding in the visions of god , if it had been a transgression . the famous & faithful mr knox doth clear this passage beyond contradiction in his conference with lithingtoun hence i take an argument a fortiori . if people may conspire & concur in executing judgement upon their king turning idolater & tyrant ; then much more may they revolt from him : but this example clears the antecedent , ergo. . the same power & priviledge of peoples punishing their princes , was exemplified in the successor of him last mentioned , to wit , in uzziah the son of amaziah , called azariah king. . when he degenerated into the ambition of arrogating a supremacy , in causes ecclesiastick & sacred as well as civil , his heart was lifted up to his destruction , for he transgressed against the lord his god , and went into the temple of the lord to burn incense . in which usurpation he was resisted by azariah the priest , and with him fourscore priests of the lord that were valiant men , who withstood him , and told him it did not appertain to him to take upon him so much , and bade him go out of the sanctuary , or else it should not be for his honour . which indeed he stomacked at as an affront , to be controled & resisted ; but in thinking to resent it he was plagued of the lord with leprosie ; which the priests looking upon , they thrust him out from thence : and thereafter sequestred him from all supremacy , both that which he had before in things civil , and that which he was affecting in matters sacred ; for he was made to dwell in a several house , being a leper , ( the law including ( & here execute upon ) the king as well as the beggar ) and to resign the government into his son jothams hands chron. . - . where it appears he was not only excommunicated by a ceremonial punishment , but also deposed judicially . whether he voluntarly dimited or not , it is to no purpose to contend : its evident , that by the law of god , the actual exercise of his power was removed , whether with his will or against it , it is all one ; and that he was punished both by god and by men is undeniable . yea in this , his punishment was very gentle , and far short of the severity of the law ; for by the law he should have been put to death , for intermedling with these holy things , interdicted to all but to the priests under pain of death numb . . . numb . . . the stranger that cometh nigh shall be put to death : all were strangers that were not priests . whence i argue , if a prince , for his usurpation beyond his line in things sacred , may by the priests be excommunicated , and by the people deposed ; then may a prince , not only usurping a supremacy ( as charles did ) but an absolute power of overturning all things sacred & civil ( as james doeth ) & oppressing his subjects in all their liberties , be disouned , a fortiori , for that is less than deposing or dethroning : but this example clears the antecedent : ergo — see knox discourse to lethingtoun : lex rex quest. . § . . pag. . ius popul . chap. . pag. . . what if i should adduce the example of a kings rebellion against , and revolt from a superior king , to whom he & his fathers both acknowledged themselves subject ? surely our royalists and loyalists would not condemn this ; and yet in justifying it , they should condemn their beloved principle of uncontroled subjection to uncontrolable soveraigns possessing the government . ahaz became servant to the assyrian monarch king. . . yet hezekiah his son , when the lord was with him , and he prospered — rebelled against the king of assyria and he served him not king. . . hezekiah was indeed a king : but he was not sennacheribs king ; he acknowledges himself his vassal , and that he offended in disouning him vers . . which certainly was his sin against the lord , to make such an acknowledgment : for if his fathers transaction with the assyrian was sin , then it was duty to break the yoke ; if the lord was with him in that rebellion , then it was his sin to acknowledge it to be his offence ; and to make good this ackowledgment , it was certainly his sin to commit sacriledge in robbing the house of god , to satisfie that tyrant . by way of supplement , i shall adde that instance of repressing a mad & furious tyrant , which all will acknowledge to be lawful . nebuchadnezzar was both stricken of god with madness , and for that was depelled from the kingdom , according to the heavenly oracle , the kingdom is departed from thee and they shall drive thee from men , dan. . - . calvin sayes upon the place , he was ejected as usually is done to tyrants , by the combination of the nobles & people , pool synopsis critic . in locum . thus he was unkinged for a time , both by the just judgement of god , and by the intermediation of the just judgement of men ; and could not be ouned to be king at that time , when his nails were like birds clawes , and he could not tell his oun fingers : they could not oune him to be the governour then of so many kingdoms , when he could not govern himself . hence , though this is an instance of heathens , yet because they acted upon a rational ground , it may be argued : if kings , because of natural madness when they cannot govern themselves , may not be ouned ; then also because of moral madness , when they will not govern but to the destruction of kingdoms , may not be ouned : but the former is true : therefore also the latter . the same reason against the government of asses , will also militate against the government of tygers , the first is more eligible then the last . fifthly , this may be confirmed from several promises in scripture . . there are many gracious & precious promises of reformation of the magistracy , and restitution of good rulers , as a great blessing from god to mankind and to the church isai , . . i will restore thy iudges as at the first , and thy counsellors as at the begining , afterwrrd tho● shalt he called the city of righteousness . if judges must first be restored before the city can be a city of righteousness , then they must be restored before we can oune the government thereof : for that government under which it cannot be a city of righteousness , cannot be ouned : since it is no government but a rebellion & combination of thieves , see vers . . i do not here restrict the promise , as it is a prophecy , to its exact fulfillment , as if no government were to be ouned but what answers this promise , of the restitution of the primitive order of magistrats ; but i plead , that when the princes are rebellious & companions of thieves , the government is not to be ouned , till judges be so far restored , as to reduce righteousness in some measure , which cannot be under tyranny . and in the general i may plead , that none is to be ouned as a magistrate but who some way is found in a promise ; for there is no ordinance of god , no duty , no blessing , no good thing , either to be done or enjoyed , but what is in a promise : but tyranny , or ouning of tyrants , or subjection to usurpers , is not nor cannot be in a promise . we have many other promises about magistrates , as that the lord will be for a spirit of iudgement to him that sitteth in iudgement , isai. . . a tyrant cannot be capable of this happiness , nor we under tyranny , nor any while they oune them . kings shall be the churches nursing fathers and their queens her nursing mothers isai. . . kings are not alwayes so , but all kings to be ouned are such as can be so , at least they are never to be ouned when they turn destroyers of what they should nourish : but tyrants can never be nourishers . it is promised to the lords people , if they will hearken diligently unto the lord , and keep the sabbath , then shall there enter into their gates kings & princes ier. . , . and if they will execute judgement & righteousness , and deliver the spoyled out of the hand of the oppressor &c. they shall obtain the same blessing ier. . , . but it is never promised , neither doth it ever come to pass in providence , that these duties procured tyrants . there are many other promises to the same purpose , from whence may be concluded , the lord will not alwayes leave his people to houl under ineluctable tyranny , but will accomplish their deliverance in his oun time & way , though we are not to look to miracles . whence i argue . . since all the ordinances of god , & rulers in a special manner , are appointed & promised as blessings , these cannot be ouned for his ordinance , which are not blessings but curses . . that which would vacate & evacuate all the promises of magistracy , cannot be a doctrine of god : but this that obliges to oune tyrants & usurpers , as long as they are up , would vacate & evacuate all these promises of magistracy : for except the lord work miracles ( which are not in the promise ) and do all without means , they cannot be accomplished . for if any means be used , they must be such as will infer disouning of tyrants ; for magistrates cannot be restored except tyrants be removed , and whatever way they be removed without miracles , by others or their oun subjects , they must still be disouned , and that before they be removed ; for if they be to be ouned before , their removal , if they exist , cannot make them to be disouned : dispossession cannot take away their right , if they have it before . . there are many promises of breaking the yoke of tyrants isai. . . his burden shall be taken away from off thy shoulder and his yoke from off thy neck . and in that promise of the churches deliverance & enlargment , wherein they are prophetically urged & stirred up to some activity in cooperating with the providence , isai. . , . they are called to awake & put on strength & their beautiful garments — and to shake themselves from the dust — and to rise and loose themselves from the bands of their neck , that were captives . here is not only a promise of deliverance , or a ground of encouragment what the church may expect , but a promise of & direction for their being active in delivering themselves , as men , from the encroachments that were made on their humane liberties , that they should loose themselves from these bands ; whose bands ? from their bands that ruled over them , and made them to houl , and the lords name to be blasphemed ( vers . . ) here 's a promise of breaking the bands of rulers , by them who houled under their subjection . and it also includes a precept , that people should not stay any longer under these yokes , than they can shake them off or slip from under them . hence we see we are not to lie stupidly sleeping , or sinking in the ditch , expecting the accomplishment of the promise of deliverance , but are to endeavour actively , in dependence upon the lords assistance , to deliver our selves . hence we may argue . . a promise by way of command , that a people under bands of oppressing rulers shall rouse themselves up to loose themselves from them , implies & infers a promise & a duty of disouning those rulers ( for otherwise they cannot be loosed from their subjection . ) but here is a promise by way of command , that a people under bands of oppressing rulers shall rouse themselves up to loose themselves from them : ergo — . if the removal of tyranny & usurpation be promised as a blessing , then those can never be ouned to be the ordinance of god ; for the removal of that can never be a blessing : but in these promises we see , the removal of those is promised as a blessing : therefore they can never be ouned . sixthly , to the same purpose we may cite some threatenings , that will confirm the same truth . . there are many threatenings against tyrants themselves . there are two mentioned ier. . that seem patly to quadrate , and near of a piece , with our misrulers ; both because of the demerit of the threatening , and the likeness of the judgement threatened . the ground of it was building their house by unrighteousness and their chambers by wrong vers . . and severally they are threatened : iehojakim with the burial of an ass unlamented vers . , . coniah with a life without prosperity , and a death without issue to succeed vers . . the first of these is verified in the elder of our royal brothers , the last is like to be of both . but that which i take notice of is , first , the demerit , building their house by unrighteousness , on which whitehall is built with a witness : and particularly it is noted of iehojakim , as his crimson sin ( to which his son iehojakim or coniah served himself heir ) that he burnt ieremia● roll , or causes of wrath ; so did our dominators burn the causes of wrath ( a book written by the commission of the general assembly ) and the covenants . then i note these words vers . . shalt thow reign because thow closest thy self in cedar &c. it is certainly not fit for us to say , he shall reign , of whom the lord sayes , he shall not reign : but when we oune the authority of those whom the lord threatens they shall not reign , we say , they shall reign : for we say , they have a rig●t to reign , and oune our selves obliged to do all that is required in our capacity , to perpetuate their reign . there is a terrible threatening against zedekiah ezek. . - . thow profane ( or as some translate it ; thow worthy to be killed , pool . synops. critic . in locum . ) wicked prince of israel — thus saith the lord god , remove the diadem , take off the crown , this shall not be the same , exalt him that is low , and abase him that is high , i will overturn , overturn , overturn it , and it shall be no more untill he come whose right it is , and i will give it him . than which nothing can be more applicable to our princes , who are profane , and the patterns & patrons of it , whose diadem the lord will remove ; and if he threaten it , ●wo to them that contribute to hold it on . we see here , a profane & wicked prince threatened to be overturned must not be ouned , because he hath no right : but our excommunicate tyrant , is a profane & wicked prince threatened to be overturned : ergo — there is another dreadful threatening against tyrants am●s . , . hear this word ye kine of bashan , which oppress the poor , which crush the needy — the lord god hath sworn by his holiness , that lo the dayes shall come upon you● , that he will take you away with hooks , and your posterity with fish hooks . shall we oune these , against whom the lord hath engaged his holiness by oath so solemnly , that he will fish them with hooks ? we may fear if there be such a tye as allegiance between them and us , that that same hook which fishes them may also catch us ; as it is said of pharaoh and his subjects , when he is hooked , then his fish stick unto his scales , and he & they are left in the wilderness ezek. . , . that is as grotius expounds it , whoever are of his community shall be consorts in his calamity , pool critic . in locum . if we then oune them we must be of their community , and so partake of their judgements . . there are many threatenings against illimited loyaltie , and those who had more of that than religion : for this ephraim was broken in judgment , because he willingly walked after the commandment hos. . . and because the statutes of omri were kept , and the works of the house of ahab , therefore the lord threatens to make them a desolation mic. . ult . and among other threatenings against the men of such universal loyaltie , that is notable hos. . . now ye shall say , we have no king , because we feared not the lord , what then should a king do to us ? it is the just punishment of wicked loyalty , that prefers the fear & favour of kings to the fear & favour of god , that at length they are brought to that pass , that either they have no kings at all to look to , or else they have such of whom it may be said , they are no kings in effect , for they cannot act the part of kings to them that trust in them . hence . . if to have really no kings be a punishment , then such kings as are a punishment cannot be ouned to be kings ; for to have them cannot be a punishment , if the want of them be a punishment . . if those that have the name of kings , that can do no good , be no kings ; then tyrants that can do no good but a great deal of hurt , must be reckoned no kings also : but here it s threatened , people that had kings , that had the name but could do no good , should reckon they had no kings : therefore much more may tyrants be reckoned to be no kings , who can do no good but a great deal of hurt . seventhly , this truth is confirmed from scripture prayers : whereof there are many against tyrants , none for them . hence we argue , if we are not to pray for tyrants then we are not to oune them ; for we are to pray for all that are in authority tim . , but we are not to pray for tyrants : ergo we are not to oune them . the minor now must be proved . and this leads me to another subordinate question , which hath also been a head of suffering to some serious seekers of god in our land of late . the profane emissaries of this and the late tyrant , sent out with bloody commissions to hunt after the lords hidden ones , in order to murder all whom they might meet with , that made conscience of adhering to every part of the present testimony ; among other trapping questions to discover their prey , they used to put this to them as a discriminating shibboleth , and tessera of ouning the present tyranny , will yow say , god save the king ? and for refusing this , many have been cruelly murdered in the fields ; and many before their bloody judicatories , have for this been arraigned & condemned , & executed to the death . wherefore to this somewhat must be said . . by way of concession . . by way of vindication , of scrupling it and suffering upon it . first , in the general , it will be necessary to premit by way of concession . . it is duty to pray , supplicate , & interceed for all men tim. . . not collectively considered , nor distributively for every one universally without exception , but indefinitely & indiscriminately , pro generibus singulorum for all sorts & sexes , of whatsoever nation or religion , iew or gentile , christian or infidel , not excluding any for these distinctions : and not only so , but pro singulis generum also conditionally , if they be among those all whom the lord will have to be saved vers . . if they be among those all for whom the mediator gave himself a ransome to be testified in due time vers . , . if they have not sinned the sin unto death , for which we are not bidden pray iohn . . . which , because we know not particularly who are guilty of it , charity will oblige us to take into our prayers many that may never be the better of them ; yet it is necessary that we pray in faith , for what , or whomsoever we pray ; at least , if i may so call it , we must have a negative faith , a belief that they have not sinned that sin unto death ; which we cannot have of all , there being some whose demonstrations of desperate displayes of affronted wickedness , and hatred of godliness , may give ground to doubt of it , as christians had of iulian the apostate . . we are obliged to love our enemies , to bless them that curse us , to do good to them that hate us , to pray for them that despitefully use & persecute us math. . . accordingly our master , who commanded this , did give us a pattern to imitate , when he prayed , father forgive them for they know not what they do luk. . . and his faithful martyr stephen , prayed for his murderers , lord lay not this sin to their charge , act. . ult . we are to pity them , and not to seek vengeance against them , for any injuries they can do to us . yet , as this doth not interfere with a holy & zealous appeal to god , for righting & resenting & requiting the wrongs done to us , that he may vindicate us & our cause , and make them repent of their injuries done to us , to the glory of god , and conviction of onlookers , and confusion of themselves , which may well consist with mercy to their souls : so all we can pray for them in their opposition to us , is in order to their repentance , but never for their prosperity in that course . and we may well imitate , even against our enemies , that prayer of zecharia's , the lord look upon it and require it chron. . . but we are never to pray for christs stated enemies , as to the bulk of them , and under that formality as his enemies : for we must not love them that hate the lord chron. . . but hate them , and hate them with a perfect hatred , psâl. . , . we are to pray for the elect among them , but only to the end they may escape the vengeance , which we are obliged to pray for against them . . we are not to exsecrate our enemies , or use imprecations against any , out of blind zeal , or the passionate or revengefull motions of our oun hearts : our lord rebuked his disciples for such preposterous zeal luk. . . ye know not what manner of spirit ye are of . but against the stated & declared enemies of christ , as such & while such , we may well take a pattern from the imprecatory prayers of the saints recorded in scripture ; such as do not peremptorly determine about the eternal state of particular persons : which determinations , except we be extraordinarly acted by the same spirit , whose dictates these are , are not to be imitated by us . we find several sorts of imprecations in the psalms , & other scriptures : some are imitable , some not : some are propheticall having the force of a prophecy , as davids psal. . . let them be confounded — that seek after my soul — let destruction come upon him psal. . . let them go doun quick to hell . and ieremiah chap. . . let them be confounded that persecute me — destroy them with double destruction . without this prophetical spirit , determining the application of these threatenings to particular persons , we may not imitate this peremptoriness . some are typical of christs mediatory devoting his enemies to destruction ; who as he interceeds for his friends , so by virtue of the same merits ( by them trampled upon ) he pleads for vengeance against his enemies : which mediatory vengeance , is the most dreadful of all vengeances ( heb. . . ) so also psal. . he whose ears were opened , and who said lo i come — vers . . . that is christ ) does imprecate shame & confusion & desolation vers . . . as also psal. . the psalmist personates christ , complaining of & imprecating against his enemies , particularly iudas the traitor vers . . it must be dreadful to be under the dint of the mediators imprecations ; and also dreadful to clash with him in his intercessions , that is , to apprecate for them against whom he imprecates , or pray for them against whom he intercedes . but some imprecatio●s against the enemies of god , are imitable such as proceed from pure zeal for god , and the spirit of prayer , as that psal. . ult . put them in fear o lord that the nations may know themselves to be but men . psal. . . — fill their faces with shame that they may seek thy name . this is to be imitated in general against all the enemies of god psal . . let them all be confounded that hate zion ; without condescending on particular persons , except obviously & not odiously desperate , & presumptively christs implacable enemies . . touching magistrates it is a great duty to pray , that god would give us magistrates , as he hath promised for the comfort of his church isai. . . isai. . . ier. . . promises should be motives & foments of prayer . we ought to pray against anarchy as a plague , and with all earnestness beg of god , that the mercy of magistracy may aga●n be known in brittain , of which it hath been long deprived . . and when we have them , it is a necessary duty to pray for them ; for kings and for all that are in authority , that we may lead a quiet & peaceable life in all godliness & honesty tim. . . where it is specified , what sort we should pray for , and to what end . as we are not to pray for all men absolutely ; for some , as they are declared to be out of the precincts of of christs mediation , so they must be out of our prayers : so there may be some in actual rule , that may be excepted out of the verge of the christians prayers , as was said of iulian the apostate . but he that is a magistrate indeed , and in authority , the subjects are to pray and to give thanks for him , not as a man meerly , but as a magistrate . yea though they be heathen magistrates , ezra . . . we may pray for all in authority , two wayes ; as men , & as kings . as men , we may pray for their salvation , or conversion , or taking them out of the way , if they be enemies to christs kingdom , according as they are stated ; and upon condition , if it be possible , and if they belong to the election of grace . though for such as are opposites to the coming of christs kingdom , as it is a contradiction to the second petition of the lords prayer [ thy kingdom come ] so in the experience of the most eminent wrestlers , they have found less faith & less encouragement in praying for them , than for any other sort of men . it is rare that ever any could find their hands , in praying for the conversion of our rulers . and though we pray that the lord would convince them , yea & confound them , in mercy to their souls ; yet this must never be wanting in our prayers for tyrants , as men , that god would bring them doun , and cause justice overtake them , that so god may be glorified , and the nation eased of such a burden . but if we pray for them as kings , then they must be such by gods approbation , and not meer possessory occupants , to whom we owe no such respect nor duty . for whatever the hobbists , and the time-serving casuists of our day , and even many good men ( though wofully laxe in this point ) homolating both doctrinally & practically their heathenish notions , say to the contrary ; i hope it be in some measure made out , that tyrants are no more the ordinance of god , nor to be ouned as his ministers & vicegerents , than the devil the prince of this world for the lords anointed , or baals priests for true ministers . if we pray for them as kings , we must pray for their peace , prosperity , & preservation , that their government may be blessed with success , their designs not frustrated , nor their desires disappointed . this we cannot pray for tyrants . . albeit we may pray for the peace of the nation , and for the government thereof , so far as it may conduce to our oun & the churches tranquility , that we may live a peaceable & godly life under it ; yet this cannot be extended to the peace of tyrants , for whom the best prayer that we can bestow is , that the lord would bridle & restrain them , that they may not m●r the churches peace . that command , ier. . . seek the peace of the city , whither soever i have caused yow to be carried captives , and pray unto the lord for it , for in the peace thereof shall yow have peace , is apparent to have been but of a temporary nature , upon occasion of their captivity there , until the years should be expired , having it also declared by god , that their oun peace was bound up in that of babylons : for after that time they are taught the contrary carriage towards that city , to depart , and pray against it , and exult & rejoice in its ruine ; o daughter of babylon , happy shall he be that rewardeth thee as thow hast served us , that dasheth thy litle ones against the stones , psal. . , . the voice of them that flee out of the land of babylon , to declare in zion the vengeance of the lord , the vengeance of his temple ier. . . and ier. . . the violence done to me and to my flesh be upon babylon , shall the inhabitant of zion say , and my blood be upon chaldea , shall ierusalem say . certainly this is not the season to seek the peace of misticall babylon , but to pray for the destruction thereof and all its supporters : which we cannot do , if we pray for them that improve , imploy , & apply all their power to support it , lest we pray contradictions ; as many do , who pray against babels brats and yet pray for the king : but the comfort is this , that nonsensical prayers will do litle good , litle hurt , but to themselves that pray them . secondly , to vindicate the scruplers & refusers of such compelled & extorted devotion , in praying for tyrants , i shall offer these considerations . . the imposed form of it ( which as it is found in the original from whence it is taken , is only paraphrastically expounded , god save the king ; and most catechrestically applied to tyrants , being in the native sense of the words of this signification , let the king live ; which is a very improper wish for men of death , of whom god sayes , they shall die , and the law sayes , they should die , for their murders & capital crimes ) must be taken either as an adulatory complement ; or a congratulatory honour ; or a precatory benediction . the first , as it is extorted most illegally , so it can be rendered neither civilly , nor sincerly , nor christianly : but all ingenuus men would think it a base imposition , to be forced not only to subject themselves to their tyrannical oppressors , but to flatter them as if they were not such . whatever they may force the mouth to speak dissemblingly , they can never compell the heart to think , such wishes are due to them ; and so they can never be cordial , nor consistent with candor ; and to interpose the holy & dreadful name of god , in a dissembling complement , to flatter base men , is a horrid mocking of god , and a heinous taking his name in vain , contrary to the third command . if it be a congratulation ( as alwayes it is used in scripture , and in all cases formerly ; being never imposed on men by way of compulsion , before this sett of tyrants started up , that know they can get no deference of honest men , but by extortion ) it is the more abominable ; not only for the hypocrisie that is in it , but the blasphemie , in giving thanks for the promoter of the devils interest , and the destroyer of christs , and the liberties of mankind . what have we to congratulate him for , but for overturning our laws & liberties , and oppressing us in most grievous tyranny ? besides to give the vilest of men when exalted any congratulatory honour , is contrary to the fifth command , as is shewed above . and it were a forsaking of the law , thus to praise the wicked , since they that keep the law will contend with them prov. . . if it be a benediction , we cannot bestow it upon one whom our father curses , our mother curses , and all our brethren . it is no less preposterous to bless whom the lord declaredly curses , than to curse whom he blesses . the curse of the lord is in the house of the wicked prov. . . we cannot then bless that house . nor can we bless them that our mother curses , and cries for vengeance against , as she did against nebuchadnezzar ier. . , . nor them against whom the blood of our dead brethren hath a moral cry , how long o lord holy & true doest thow not iudge & avenge our blood , revel . . . and the vexed spirits of our brethren , yet houling under the same yoke , are puting up before the throne of grace , the same continued cry , with incessant importunity , how long how long shall the wicked triumph how long shall they break in pieces thy people ? o god to whom vengeance belongeth ? psal. . - . yea god hath said it , and we must not contradict it in our practice , against all tyrants that wrest judgement , and say unto the wicked thow art righteous , him shall the people , curse nations shall abhor him , prov. . . and this must stand registred as the everlasting claise of all zions haters , to which all her lovers must say , amen , that they shall be as the grass upon the house tops and never have the benefit of the churches benediction psal. . . neither do they which go by say , the blessing of lord be upon yow , we bless yow in the name of the lord. this one word may be a sufficient supercedeas from blessing any of the enemies of god , or of the church , while acting in a declared opposition to god for the destruction of his people & interest . . either this — save the king , as they mouth it , and demand the repetition of it , is a prayer ; or it is not . if not , it must be a dreadful profanation of the name of god , to be commanded to speak to him , and yet not to pray . if it be a prayer , we would expect another way of dealing with us , if rhey really desired the benefit of our prayers , than a threatening us with death if we did it not . and if they did desire it as darius did , that we might offer sacrifices of sweet savours unto the god of heaven , and pray for the life of the king and of his sons ezra . . . we could not refuse to pray for him , so far as might consist with that prayer of the same darius , in that same decree vers . . that god may destroy all kings & people , that shall put to their hand to alter and destroy the house of god. we can pray no prayer inconsistent with this , and to pray that god would save this king , and yet destroy all kings that put to their hand against his house , were to pray contradictions . but they know they deserve no prayers , and must force them if they get them . and all the world knows , that compelled prayers are no devotion ; and if they be no devotion , they must be sin : imposed prayers , are not the prayers that god will hear & accept ; and if we have not the faith of acceptance in them , they must be sin , for whatever is not of faith is sin , rom. . ult . all prayers which god will hear , must proceed from the heart voluntarely and fervently , in spirit & in truth , with the whole heart . but imposed & compelled prayers cannot be such ; especially when they are not only by them imposed , but prescribed as to the form of them . which sets and formes prescribed by men , and such men as usurp a supremacy over the church , cannot be subjected to , according to the word of god , and the principles of our reformation . . that infallible proposition of the apostle , whatsoever is not of faith is sin , must be urged yet a litle further : and that with a reference , both to the person required to be prayed for , and to the matter of the duty more generally . first if we cannot pray for this man , neither as a christian , nor as a king , then we cannot satisfie this imposed demand ; for it will not satisfie to pray for him as a heathen : but we cannot in faith pray for him , either as a christian , or as a king ▪ not as a christian ; for besides that he is an excommunicate apostate ( by a sentance which we beleeve stands yet rate in heaven , pronounced by a faithful servant of christ ) and a papist , which as such can no more be prayed for than the pope as pope ; ; for whom , and all the limbs of antichrist ; the only prayer that protestants can pray , is , that the lord would consume him with the spirit of his mouth and destroy with the brightness of his coming thess. . . ( we cannot reconcile the prayers of some , that pray against the pope and his supporters , and upholders of his tottering kingdom , and yet for this his antichristian vassal ) his rage & resolution in prosecuting a war against christ and his followers , is such , that if we may make comparisons , our faith will have litle more ground to pray for iames , than christians of old could find for iulian , the the apostate . nor as a king , for that we cannot do , because he is none with gods approbation , and may not do , for a very heathen could teach us to pray , that god would destroy all kings that put to their hand to alter & destroy the house of god , ezra . . . and besides , in the second place , with respect to the matter of the duty in general : that cannot be in faith which wants a warrant in the word , either by precept , promise , or practice : but to pray for wicked tyrants & enemies of god , wants a warrant in the word , either by precept , promise , or practice . there is no precept for it , either general on particular , neither express , nor any to which this is reducible . and who dare adde without a precept in the worship of god , either for matter , or manner , or end , what he hath not commanded ? for such presumption ; nadab & abihu were destroyed levit. . , . because they did that which the lord had not commanded . what command can there be for praying for that , which is against the preceptive will of god ? but it is against the preceptive will of god , that there should be tyrants : therefore to pray that these may be preserved in the world , cannot fall under a command of god. there is no promise for it , which is the foment & foundation of prayer : we can pray for nothing that we have not a promise for , either general or particular : but we have none , nor can have any , for the preservation of a plague to us , as tyrants are . there is no practice for it in scripture , to pray for kings that put to their hand to destroy the house of god. samuel did indeed mourn for saul ▪ but the lord reproved him for it , how long wilt thow mourn for saul , seeing i have rejected him from being king over isrrel ? sam. . . belike this reproof was for his praying for sauls preservation as king , for otherwise we may mourn for wicked wretches , for their sin & miserie both . but hence , if the lord reprove his servant for mourning for a king whom he disoun●d , then we may not pray for such a king whom the lord disounes , as he disounes all tyrants , for they are set up & not by him ! but the antecedent is true in that example of samuel : therefore also the consequent , that we may not pray for them as kings , whom the lord disounes . . moreover to confirm this yet further : that prayer is not of faith , and so sin , which is contrary to the precepts of god , and his promises , and the practices of the saints : but praying for wicked kings their preservation , is contrary to these precepts , promises , & practices &c. ergo — it is contrary to some divine precepts , both affirmative , & negative . there is an affirmative precept , prescribing what prayer should be used under the domination of tyrants , that they should weep and say , spare thy people o lord , give not they heritage to reproach , that the heathen should rule over them , wherefore should they say among the people where is their god ioel. . . if it be a reproach to be under heathen rulers , and if we should pray that they may not rule , but that our god may shew himself where he is , and who he is , in delivering his people from their domination ; then it is contrary to this , to pray for the preservation of tyrants , that do rule over them to their destruction & reproach : for it is contradictory to pray , that they may not rule , and that they may be preserved in ruling . there is a negative precept , prohibiting the salutation of hereticks and enemies of the gospel , which will condemn this salutation of heretical kings : for in the original god save the king is no more than a solemn salutation , or apprecatory wish that he may prosper . epist. iohn . vers . , . if there come any — and bring not this doctrine — neither bid him god speed , for he that biddeth him , god speed , is partaker of his evil deeds . god speed , in the greek , is the same with god save , in the hebrew . if then we must not say , god save a heretick , neither must we say god save an hertical king , or a popish tyrant , a sworn enemy to the gospel of christ , and the coming of his kingdom . this is also inconsistent with that rule & directory of our prayers , commonly called the lords prayer , not only because it cannot be reduced to any of its petitions ( which are comprehensive of all that we are warranted to pray for ) but because it is contradictory to the second which is , thy kingdom come . the coming of christs kingdom in our land cannot consist with the preservation of the tyrants reign , which is satans rule : for antichrists ● satans kingdom , and christs , cannot be promoted both at once . it may be also demonstrated , that it is inconsistent with all the petitions of that perfect form of prayer . with the first , hallowed be thy name ; for when they who rule over his people make them to houl , then his name continually every day is blasphemed isai , . . yea much profaned in the frequent repeating that imposition . with the second , thy kingdom come for when he takes unto him his great power & reigns , then is the time he , will destroy them that destroy the earth , revel . . , . it is against the third , thy will be done — for it is against his preceptive will that there should be a throne of iniquity , it shall not have fellowship with him ; as it would have , if according to his will. and therefore habbakkuk pleads from the lords holiness & righteousness against tyrants , habbak . . , . it is against the fourth , give us this day our daily bread , to pray for them that rob us of it , whom the lord hath set over us for a plague , to domineer over our bodies , and all the means of life neh. . . the saints there make a complaint of kings , and pray to remove them , not to save them : the church also prayes agains● base rulers on this account , because under them they get their bread with the peril of their lives lam. ● . , . it is against the fifth , forgive us our debts or sins ; for if we pray for taking away the guilt of sin , we must also pray for removing the punishment ; whereof this is one , to be under tyrants : and if it be sin which brings on such a judgment , then it is sin to pray for the keeping of it on & continuing thereof : and though we should forgive their sin against us , yet we ought to complain against their sins against god , and the church , in defiling it , & shedding the blood of the saints psal. . - . it is against the sixth , lead us not into temptation and deliver us from evil : for their government is a continued tract of temptation , they being a snare on mizpah & a net spread upon tabor hos. . . and if we pray to be delivered from all evil , then we must pray to be delivered from tyranny , which is a great evil . it is against the conclusion also for thine is the kingdom — & glory : tyrants being stated in opposition to the glory of god. again , in the next place , it is against many promises of giving good rulers , and of breaking the yoke of tyrants ( as i cited several above ) neiether of which can consist with the preservation of tyrants , if such a prayer should be answered according to the idol of the heart of the supplicants : for if god should save this man as long as we may pray for him as a king , then all the promises of a change & revolution are precluded . lastly , it is contrary to the constant tenor of the saints prayers against theé enemies of god. deborah prayed upon the destruction of a tyrant , so let all thine enemies perish o lord iudg. . ult . iotham prayed against that bastard king , let fire come out from abimelech & devour the men of shechem , and — let fire come out from the men of shechem & devour abimelech , iudg. . . david prayes against saul , whom he calls cush the benjamite in the title of psal. . alluding to kish his father , or because he was no better than an ethiopian a cushite amos . . and could no more change his manners than an ethiopian can change his skin ier. . . see pool synops. critic . in locum . where it is proven that this was saul ; against him he prayes that the lord would awake to iudgement psal. . . and that he would break the arm of the wicked and the evil man psal. . . that he would not slay them ( to wit suddenly or in a common way ) lest the people forget , but scatter and bring them doun and consume them in wrath , that they may not be , that it may be known god ruleth in iacob to the ends of the earth psal. . , . this is a psalm against dogs vers . . what dogs ? saul and his men watching david , see the title . as also it is against saul that he prayes , that the lord would not grant his desires nor further his devices , and as for the head of them that compassed him about ( which was saul ) let the mischief of their oun lips cover them psal. . , . there is also a prayer that the saints may execute vengeance & the judgement written upon tyrants , and bind them with chains psal. . , , . the church is brought in praying for vengeance against the babylonian tyrant , nebuchadnezzar the king of babylon hath devoured me — the violence done to me and my flesh be upon babylon shall the inhabitant of zion say ier. . , . paul imprecates any man that does not love the lord jesus , let him be anathema maranatha cor. . . and sure no tyrant , persecuter & subverter of christs kingdom , can be a lover of christ. the martyrs under the fifth seal slain for the word of god , and the testimony which they held , are brought in crying against the tyrants that murdered them , how long ! o lord , holy & true , dost thow not judge & aveange our blood , revel . . , . which though it be to be understood of a moral cry of blood , as abels blood cried against cain ; yet ought to be a pattern of our prayers against such bloody enemies , imbrewing their hands in the blood of our brethren , for which we ought to pray that the lord would haste to make inquisition . durham observes from this place , that gods people in a holy way may pray for vengeance upon persecuters . . let us consider the person & matter , for whom and for what this prayer is extorted . either it is for the personal salvation of iames the papist : or the royal preservation of iames the tyrant . it will not satisfie to pray , that if it be possible , and if it were the lords will , he might be taken to heaven , that so we might be quit of him . neither were it lawful to pray that , except we prayed first , that he might repent of this his wickedness , if perhaps it might be forgiven him , as peter directed simon m●gus to pray for himself act. . . for it is unlawful to pray for the salvation of a papist , except upon supposition of his repentance & relinquishing poperie . we must pray nothing but according to the wil of god ; and it is not the wil of god , that they that have & keep & will not part with the mark of the beast , should be saved , for he is adjudged of god to drink of the wine of his wrath revel . . , . so we cannot pray for him as a christian , which he is not ; nor as a papist , except that he may get repentance . nor can we pray for him as a king , which he is not ; nor as a tyrant , except that he may repent of & relinquish his tyranny & usurpation : for tyrants as such cannot be saved , no more than papists as such ; for tophet is ordained of old yea for the king it is prepared — isai. . . we cannot then pray for his salvation , except we pray for his repentance , and relinquishing all his sins , and so we must pray for his relinquishing his kingship , and that he may cease to be king ; for that is his sin , that he hath made himself king without god , and against the laws of the land. and now whil● he continues such , we must complain in prayer , not for his misgovernment only , but for that he governs , and desire to be delivered from him . see gees magistrates original pag. . but now considering what a man , and what a king he hath been , guilty of murder , adulterie , idolatrie , under sentence of the law both of god & man ; we can pray no otherwise for him , than for a murderer , adulterer , or an idolater . we cannot pray for him as cloathed with authority , or that the lord may bless his government for that is his sin & our miserie that he is a governour : and his throne is a throne of iniquity , which we dare not pray may have fellowship with god. can we pray that god would bless him on a throne of iniquity ? could we pray , that the lord would bless a drunkard in his drunkenness , abusing his enjoyments ? or a thief in stealing his , though he used his purchase never so soberly ? what if prevailing robbers by land , or pyrats by sea , preying upon all passengers , should require this as the sign of subjection to them , and only condition whereupon such as they apprehended & overcame should be suffered to live , that they should pray for preservation & prosperity to them ? would not this be wickedness thus to pray for thieves & robbers ? and are not tyrants the greatest of thieves , that rob & destroy twenty for one of private robbers ? and do they not require this as such a sign on such a condition ? . lastly , then the plea will be reduced to this , that it is exacted as a badge of loyaltie , and sign , tessera , & sbibboleth of ouning the authority . which i have at this length endeavoured to prove , cannot be conscienciously ouned by us , in these circumstances . and even by this argument : that authority which we cannot pray for we cannot oune : but we cannot pray for this tyrannical authority : ergo — the minor i trust is in some measure made manifest , by what is said above . and so i conclude this head , with that forme of prayer , that i use for the king. o lord god to whom vengeance belongeth , shew thy self ; lift up thy self thow iudge of the earth , render a reward to the proud . lord how long shall the wicked ? how long shall the wicked triumph ? shall the throne of iniquity have fellowship with thee , that frameth mischief by a law ? the mighty & terrible god , destroy all kings & people , that put to their hand to alter & destroy the house of god. overturn , overturn , overturn this throne of tyra●ny , and let it be no more , until he come whose right it is . head iii. the refusing to swear & subscribe the many unlawful imposed oaths , for which many have suffered great cruelties ; chiefly that of abjuration which was the cause of several their suffering to death , vindicated . another great head of grievous sufferings in this fatal period , hath been , that during this stated war between christ and his enemies in scotland , he hath no wanted witnesses , who in their wrestlings for the word of god and the testimony which they held , thought it their duty to refuse all illegally imposed & wickedly required transactions with his declared enemies , and tampering any manner of way with them , in taking or subscribing any of their conscience-conzening impositions of deceitful & destructive bonds & oaths , obtruded by men who have cast off all sense of a deity or regard to humanity , upon the consciences of poor people , to debauch them and cast them doun from the only excellency , or integrity , that was left them : whereby ( though they have missed of their design as to some , who through grace have escaped the snares of these fowlers , and in resisting have overcome through the blood of the lamb ) they have prevailed to inveigle the generality , even of the professors of this generation , into such a degree of defection & wretched complyance with all their snares , that as it prognosticates universal desolation ineluctable ( if it be not prevented by repentance , as universal as the complyance hath been ) so it proclaims the infamy of the complyers perjurie , as indeleble as their perfidie with whom they have complyed . the consideration of which woful apostacie , in its various steps by which it hath been propogated & promoted , ought to deter & demur all the fearers of god , that would not partake of its threatened punishment , from venturing any more to come near the brink , or border of such precipices , and paths of the destroyer , when so many have stumbled , & fallen , & been hooked , & snared , & taken ; yea not so much as to look near them , lest they be left to follow their look , but to stand aloof from every appearance of transacting with these man-catchers , yea conscience-catchers , who are so cunning to ensnare & destroy ; as their predicessors , to whose sins & judgments also they serve themselves heirs , are described by the holy ghost ier. . . — . they lay wait as he that setteth snares , they sct a trap , they catch men — their houses are full of deceit , therefore they are become great & waxen rich — shall i not visite for these things saith the lord ? many and manifold have been the snares , traps & gins , laid in the way of professors of this generation & nation , by these mischief-hatchers , these keen & cunning persecuters , the party now regnant or rather raging , in madness & malice against christ and all that are loyal & zealous for his interest against their encroachings thereon ; where by they have caught & cozened many out of their conscience , & have broken the neck of some , the peace of others , & the heart of not a few . yea no nation can be instanced , wherein so many oaths & bonds , have been imposed on peoples consciences , so nawseating for naughtyness & number as well as noxious in their nature , in an age , as have been in scotland within these years past ; on design to wast all remainder of conscience , or sense of religion among people , that so having worn out the awful impression of it , they might introduce what they would , upon a people involved in the same apostasie with themselves : and either to incorporate all with themselves in the same combination against the lord , or to exstirpate all dissenters , who should discover any tenderness of conscience , in not going along with them in the same excess of riot . and to the end they might have the greater concurrence & countenance , with the help of hells policy , they contrived them in such terms , as might engage many to take them , and load the recusants with odious obliquies , either as silly scruplers , or seditious schismaticks , or rebells . for this hath been all alongs their grand project , to level their designs against religion , not directly & formally under that notion , but obliquely to the destruction of the lovers & professors of it , under the nick-name of fanatical enemies to government . of these ensnaring engines levelled to these ends , some have been more patent & open , others more laten● & hidden ; both have made a prey of people , the last chiefly . for a snare , the more latent & hidden it be , and the more varnished over with the vermilion of pretended honesty & innocence , it is the more dangerous ; and will be ●o accounted by all the circumspect & cautious , as in its design more destructive , and in its effects when discovered more dolorous , than that which is more open & manifest . a hook , the bra●er that it is busked ; and the better that it is baited , the surer and more successful it is to catch the simple fish ; if it want its busking , they will not so readily bite at it . in vain is a net spread in the sight of any bird : yet , though this is a truth , such silly birds have the bulk of us been , such silly doves without a heart , and so senslessly stupified , as to suffer our selves to be blind-folded & hood-winked into snares , of such a manifest baseness , as none could be readily supposed might fall into , who did not brutishly abandon all common sense of reason , besides religion : as the test , and oaths of arbitrary allegiance , bands of conformity & irregular regulation &c. some again , and these alas ! too many , have been insnared with snares of a more smooth , soft , & subtile complexion , and poysoned with gilded arrowes , coloured over with the specious pretexts of the enemies relenting condescendency & tenderness , stooping now to universal & general terms , obviously thought capable of a very good construction , and daubed over with the untempered morter of the frequency of the almost universally unscroupled subscription of very good & consciencious men , and the rarity of recusants lying under the reproach of some few , wild , fantastical fools . these well busked hooks have caught many ; of which sort have been many banded indemnities , and easily swallowed oaths thereunto appended . though the present indeed is contrived without gins of this sort , and now all these snares of oaths and bands are as illegally taken away as they were before imposed ; upon the same design , to catch silly fish by other methods ; not with hooks as before , but with a large spread net , to hale the whole school to antichrists shore ; and to put to proof & practice the vastness of that leviathan prerogative of absolute power , to dispense with all oaths ; especially because , in all of them even the most monstrous , people might think there was some tye obliging them to maintain the protestant religion , therefore to obliterate that , & bury it in oblivion , all now are taken away ; but the guilt of them still remains upon the land , and the grievous cry of sufferings for refusing them still continues ; and therefore the iniquity of them must be looked unto & lamented , and that with an eye to the account & reckoning must be rendered for thém , to a greater judgment than that of creatures . but among all these destructive & diabolical devices , there have been none more charming & cheating , than that cunningly contrived oath of abjuration , as it is called , enjoined to be taken by all within the kingdom , by a proclamation about it representing a late declaration , emitted by that party whose sufferings i am vindicating ( as a manifesto of their grievances , and necessities to fall upon severe resolutions towards their enemies ) under ▪ the most odious character , that the malice of men helped with hells hatred could devise ; and requiring all to abjure it in the most peremptory manner , and under the severest penalty , that ever was heard . this oath , i say , was contrived with such cunning , and followed with such keenness , that it hath involved moe under its obligation , and engaged more to subscribe it , than any other that went before it : because it hath been painted over with such pretexts , as never any before was capable of . the pressing of it hath been so impartial , upon all travelling in the countrey &c. and their acceptance of the pass annexed to it thought so necessary , as without it no business could be gone about . it s subscription so universally unscrupled , even by the generality of great professors & ministers too ; the thing abjured represented so odious , as no honest man could refuse to renounce ; and the matter renounced , under its best aspect & construction , esteemed only a paper declaration , of a party very despicable , wherein the principles , profession , or confession of the church seems no way concerned ; and if any way concerned , yet the concern appearing so small , as few or none durst state their sufferings upon that head . yet i beleeve , if either such as have taken it , or others that may have the tentation of the like hereafter , will impartia●ly ponder it ; so much iniquity may be discovered in it , as may oblige the one to mourn in the sense of its sinfullness , and the other to beware of its danger . and so much the rather would i offer this to consideration , that i know one who was wofully wheedled into it , that found the bitter effects of this poysoned pill in his wounded conscience , after reflections on the deed , in such a measure that he despaired of ever recovering peace . and this man had as much , and more to say , to justify his deed , than any that ever took it ; having it with all the advantages that ever it could be tendered with : for , being urged thereunto before the iusticiary , he expressly refused to disoun that declaration , and the principles whereupon it was founded , and told them that it was misrépresented in the proclamation : and when they yeelded to an abstract disouning of it in so far as the proclamation represents it , or if so be it might be so represented , he gave in a sense in writ , wherein he would take it ; shewing that upon supposition the declaration did assert such things as was represented , he would disoune it : and after the sense was accepted as satisfactorie , he refused to swear after the ordinary manner , following the clerks blind manuduction , but behoved to have it written doun : and when it was written , with express specification of that apologetical declaration , he refused to swear it , till it was altered and corrected , and the word pretended put in the stead of it : which done , before he subscribed it , he protested it might be constructed in no other sense , than the genuine meaning of the words he delivered in , and that it might not be reckoned a complyance for fear of his life : yet not withstanding of all this , he lost the jewel of inward peace , and knew the terror of the lord for many dayes . therefore i shall chiefly insist on discovering the iniquities of this last oath , called the abjuration oath , both because it is the smoothest , and more generally taken than any other , and approven by many that condemns the rest , and the refusing it hath been punished by death , and most illegally pressed upon all , under the penalty thereof , as none of the rest was ; and because as all other oaths successively imposed , were so contrived that the last did alwise imply & involve the substance of the former , so it will appear that the iniquity of none of the preceding oaths was altogether wanting in this . but to the end , both the complication of the iniquities of this oath may be evidenced , and the continued strain of all the oaths ( which have also been heads of suffering , though not to this degree ) may be discovered ; i shall touch somewhat of all the sorts of them , and shew that their iniquity cleaves to this last oath : and then come to canvass this oath it self , after i have premitted some general concessions . first , in a few words some general concessory propositions may be premitted . . that oaths both assertory and promissory are lawful , will not be denyed but by quakers &c. it is clear , swearing is a moral duty , and so material , that oftentimes it is used for the whole worship of god deut. . . thow shalt fear the lord thy god , and shall serve him , and swear by his name deut. . . — to him shalt thow cleave & swear by his name . the reason is , because by whomsoever we swear , him we profess to be our god , and invocate him as witness of our hearts uprightness , & honest meaning in the thing sworn , according as it is understood by both parties , and as aveanger if we prove false . hence every oath which doth not bind us faster to serve & cleave to him , is but a breach of the third command . again it is not only commanded as a duty , but qualified how it should be performed ier. . , . where it is required of a people returning to the lord , to swear in truth , in iudgement , and in righteousness . hence every oath which is not so qualified , and does not consist with a penitent frame , is sin . it is likewise promised in the covenant , that beleevers shall speak the language of canaan , & swear to the lord isai . . every oath then that is not in the language of canaan , is unsuitable to beleevers , that is to say , consentaneous to the word of god , and confession of our faith . again , he that sweareth in the earth shall swear by the god of truth isai. . . and therefore that oath which is not according to truth , is dishonourable to the god of truth . if all the oaths imposed upon scotland these many years , were examined by these touch-stones , they would be found all naught . so giving bands for security , which for obligation are equivalent to promissory oaths , are also lawful materially : but with the same qualifications , otherwise they are sinful . . this duty when suitably discharged , truely , judiciously , righteously , in the fear of god , according to his. will , is in many cases very necessary . not onely in vowes , in which god is the party , in matters morally necessary , to keep the righteous iudgements of god , psal. . . nor only in national covenants for reformation , and promoting the interest of christ , whereof we find many instances in scripture , in moses , ioshua , asa , hezekiah , iosiah , ezra , nehemiah , their making & renewing such covenants by oath , coming under the dreadful curse of it if they should break it . and this may make our hearts meditate terror , for the universal unparalelled breach of solemn covenants with god , that exposes the nation to the curse of it . but also in humane transactions , whereunto god is invocated as a witness ; as in national transactions , at choosing & inaugurating their magistrates , for security of religion & liberties , as we have many examples in scripture . seldome indeed do such bonds hold tyrants , but it is this generations indeleble brand & bane , that without this they have come under the yoke of ineluctable slavery , and have entailed it upon posterity . as likewise in contracts & mutuàl compacts of friendship or stricter association , when edification or other sa●faction or security calls for it , as iacob sware to laban , david to ionathan &c. in which the matter must be clear , & mutually understood , & honestly meant , without ( equivocation & mental reservation , and all ambiguity , as also possible & likely to continue so : for otherwise , it were but a mocking of god & man , to swear a thing we either cannot or will not perform , according to the meaning of him in whose favours the oath is given . but withall we ought to be sparing in such things , except where the matter of the oath or band is weighty & necessary , & not multiply them needlessly upon formality or custom : for if there were suitable confidence in one another , there would not be need for so many of these securities . and specially in relative stipulations betwixt man & wife &c. where an indissolvable relation is entered into . and in a particular manner , even in things civil , when we are called thereunto by a lawful maigstrate , for deciding of contraversies , or our oun vindication , or to confirm our obligation to some duty , an oath for confirmation is an end of all strif● heb. . . but alwise in this the matter must be lawful , according to the will of god , and true , & certainly known , and also necessary , weighty , useful , worthy of such confirmation , for the glory of god , and the good of our neighbour , that his holy name be not ●aken in vain ; for otherwise if the matter be false , god is made witness of a lie ; if uncertain , conscience conde●ns us that we know not , nor care not , what we call god witness to ; if unlawful , then god is called to approve what he hath comdemned , and so to contradict himself which is horrid blasphemy . with all which cases , if we compare & examine all these delusory oaths , & hell-devised impositions on consciences in these dayes , obtruded to debauch & insnare them ; not one of them , levelling all at one design , how smoothly soever conceived , can be taken without a wound & wramp to the conscience . . of all these cases , only two are applicable to our imposed transactions with our wicked rulers , to wit , in the matter of friendly contracts , or in the matter of judicial appearances before them , and swearing and banding before them , and to them . in both which , there must be a sort of confederation with them . in contracts with them it will not be doubted : and in judicial submitting to their authoritative impositions of such securities , it is evident , there must be also a confederation with them , not only in acknowledging their authority , but in coming under mutual exacted stipulations ; wherein , by taking these oaths & bands , we give them security of orderly ●ubjection , as members of the community whereof they are judges , and get their security of acquittance , and that we shall not be molested nor prosecuted among the recusan●s . now concerning this confederation , i shall concede in two cases it may be ouned , and consequentially oaths & bands may be given to men of their stamp . . a confederation which is more discretive or discriminative may be allowed to them ; that is , such bargains wherein they and we are kept still divided as two parties , and not under one incorporation , as in contracts of conhabitation , liveing under them as tenants , buying & selling , and the like . but we cannot enter into a confederation unitive with them , which may make us one body or party . . a confederation which is necessary & unavoidable ; when either an unavoidable strife or contention doth arise between them & us , whereupon we are compelled to answer in law , and can no otherwise be decided but by our oath of confirmation , which is an end of all strife ; or when we are falsly accused of some odious & heinous crime , as of murder or adultery : it is then lawful & necessary to vindicate our selves , by giving all these legal confirmations that we are free of these things ; for otherwise to lye under the imputation of such enormities , were shamefully scandalous to religion . but we cannot allow any transactions of this sort , which are elective & voluntary , to make or pursue either peace or pleas with them , when our oun interest or benefit draweth us thereunto , but ere we go to law or give oaths & bonds to and before the unjust and perfidious , and such also as we cannot oune as magistrates , we would rather take wrong & suffer our selves to be defrauded , as the apostle adviseth cor. . , . it was not unlawful , as expositors shew from that place , for the corinthians to answer in law for their oun vindication , being pursued by a heathen , but it was utterly a fault to go voluntarly one with another . and if to pursue a brother was a fault , then much more to go to law with an apostate , with whom there should be less medling . and if to go before the unjust magistrates , as these heathen judges were at corinth who yet were magistrats , was utterly a fault , then much more to go before such as have neither rightful nor righteous authority at all : which yet must be acknowledged , if we take oaths & bands before them ; for none can exact these but acknowledged magistrates . hence it is apparent , it would be an elective confederation with these wicked usurping judges , when brought before them to take their tendered oaths and bands , not as parties pursued before them , but as transacting with them , with whom as well as before whom we must give these confirming securities : and so not only must we acknowledge them to be gods , among whom the lord ●itteth , whose holy name is interposed in such solem transactions , but also we must swear & enter in bands to them as they require . this indeed is necessar when called before them against our will , and accused of horrid crimes ; as was alwayes in the imposition of the oath of abjuration audaciously imputed to the refusers , that they asserted murdering principles , and ounéd it lawful to kill all that served the king ; in such a case , to declare with the most solemn asseverations , for vindication of truth , that we disoune not only all such assertions , but all such thoughts as that it is lawful to kill all that serve the king , or any that serve him because they serve him , or because they have injured us any manner of way , & to declare our abhorrence of all murder & assassinations . but to swear such things to them , when we are altogether innocent , would be a granting that we were legally suspect , by offering a legall purgation . and so all the subjects of scotland should take upon them to purge themselves from a suspicion of murder , which were odious . and to abjure a declaration as asserting such things , when it asserts no such thing , is a swearing to a lie . . all solemn securities of oaths , or bonds that are sacred promises , are stricti juris of most strict & indispensible obligation , as mr durham on the third command shewes in many cases : no mans loss or private prejucice can make it void ( though we swear to our oun hurt we must not change psal. . . ) nor indifferency in the matter , if once engaged in ( for then our souls are bound numb . . . ) nor deceit of others , if the deceit be circumstantial only , as in the gibeonites case : nor the exstortion of it by fear or violence , if the matter be lawful : nor rashness and sin in the manner , if lawful in the matter , as with the gibeonites : nor another meaning afterwards devised , not according to the imposers mind , nor our oun at first who took it ( that 's but a swearing deceitfully psal. . . ) nor any good meaning or design in reversing the oath ( saul was punished for breaking his oath with the gibeonites , out of zeal sam. . . ) nor though the oath be conceived by creatures , ( as by the altar or temple &c. math. . - . nor when the thing becomes impossible , if that possibility could have been foreseen or prevented : nor any other secret meaning , by equivocation or mental reservarion , which are abominable : nor any dispensation from pope or king : nor any other posterior oath . none of these things can make an oath void , but if we have bound our selves god will require it ; for who so despises an oath , by breaking the covenant , when lo he hath given his hand be shall not escape , god will recompense it ezek. . , . they are null indeed & of no force , when they become bonds of iniquity tying to things unlawful or impossible ; or when the thing sworn is not in our oun power numb . . . or when there is deceit in it , not in circumstantialls only , but in essentialls ; or when it hinders a greater good ; when the case materially altereth ; or when the party sworn to relaxeth us . all these do condemn the horrid breach of the sacred & solemn league & covenant , and confutes the perverting & wresting the words of it in the third article , as if it did oblige to allegiance to tyrants ; for in that case the obligation is unlawful , and there is a deceit in essentialls , and the case materially altereth ( for in the covenant we are bound to the king , not to a tyrant ) and the party sworn to hath relaxed us long ago , by annulling the covenant yet all these things prove , that the covenant is still in force : and that all the oaths & bonds contradictory to it , are sinful : and yet , thô it be sinful to take them , and sinful to keep them , it is nevertheless perjury to break them , especially to them whose erroneous conscience is bound by them , under a notion of their lawfulness . and in a special manner , it is here conspicuous , how deceitful a jugle that sinful shift of many hath been , that they could subscribe an unlawful bond under a penalty ; as for example , to answer to their courts , or to go to church , or separate from the persecuted meetings of the lords people , under such a penalty , which they thought to pay the penalty would clear them of , as if it were only an alternative band . the iniquity of this juggle will appear , if we consider , such bonds cannot be alternative : for alternatives are alwayes disjunctive , binding equally either to this or that ; and the one alternative is no more determinately enjoyned by the imposer , than the other . and so , if these bonds were alternative , it should be in the binders choise , whether to answer the court , go to church , to separate meetings ; or pay so much money . but it is not so , for the stipulation & promise is determinate to the obligation , for which the bond is required , and the penalty is annexed , as a punishment of the breach of that obligation . and that fancy of cluding the bond by paying the penalty , would quite enervate all security among men , in their mutual compacts of that nature ; and under that pretence , they might give a satisfactory complyance to the most wicked imposed obligation imaginable● to subscribe the turks alcoran , with a reserved intention only to pay the imposed penalty . which reservation is so far from being suitable to that christian simplicity the gospel requires , that it does not answer that moral honesty that our concern in the good of humane societie calls for . it s incumbent on all that expect to dwell in gods holy hill , to have this requisite qualification for one , though they swear to their oun hurt they will not change it , and they must be far from swearing deceitfully : and consequently , if they bind themselves by a promise , which a christian should be no less tender of than of his oath , they must keep it . and besides , to condescend that that penalty or fine should be paid , by our selves or friends in our behalf , were to condescend that these enemies should be enriched by our oun or the spoil of our friends , upon the account of the forfeiture of our promise ; which seems such a dishonest & dishonourable thing , that an honest heart would disdain it . and though this should be flouted as foolish preciseness , to choose rather to lye still & suffer in such a case ; yet it may be considered that christs cross , even with reproaches , is alwise a better choise , than the works ease , purchased at any price which is a hire for christs enemies . . all divines and casuists do grant , that an oath must be taken in his sense & meaning who tenders it , and in whose favours it is conceived : because oaths and bonds are for security , and therefore whosoever would deal honestly & christianly in taking an oath , must take in the sense that it is understood by such as impose it : otherwise the holy name of god should be taken in vain , and the swearers & promisers shall deal deceitfully , in frustrating the end of the oath or bond , and the design of the tenderers thereof . and therefore , as reason & religion requires , that all oaths or bonds be so conceived and enunciated , that all concerned may understand them , and if there be any doubt how far they bind , the imposers should explain the same , as abraham did to his servant : so conscience requires , that they be alwayes taken in the imposers sense , and as they discover their sense & sentiments of them , and not according to the meaning that we may think the words capable of ; nor yet according to the wheedling explications that they may give or allow , which are as deceitful & insnaring as the things themselves . nor is it to be looked upon as a favour to get a liberty to put a sense upon them , contrary to their known meaning ; for that is but a liberty to mock god , to mock others , and our selves too , and nothing but a snare to the conscience . and to put a gloss upon printed oaths or bonds , which in strict construction they will not bear , and then to subscribe them inte●ninis as offered , is not only an intangling our selves into the bond of sinful oaths & bonds , but to stumble the godly , and harden the wicked in the present , and to mock posterity in future ages ; who shall see the oaths in terminis subscribed , but not the sense they were taken in , see apolog. relat. sect. . it is known by manifold experiences that it is dangerous to hearken to their overtures who study to ensnare us , but far more hurtful & hateful to propound overtures to them . for they interpret it a ceding and giving ground , and when they see a man begining to yeeld , then they will seem to be very condescending , even to accept of litle at first that they may draw him on to more : like cuning anglers , sometimes recoyling & drawing back the well baited & busked hook , to invite the poor unwary fish to pursue , and sometimes leting it run away with the hook , when it begins to bite kindly : so when thy find a man offering & ready to accept of accommodations , they will be very yeelding and easie , but with a design to hook him . but conscience can find no safety at present , nor satisfaction afterwards in accommodations with them . for it is plain to all that are not blinded with ignorance , or partiality , or a judicial stroak , that our imposers are such sons of belial as cannot be taken with hands , or by the hand ; and if we reflect upon the matters upon which these accommodations are to be offered or accepted , they are not things upon which we may come & go , upon our discretion , as we do with our oun particulars , or with problems to be disputed , or ambiguous propositions capable of different senses ; but matters so & so circumstantiate , as do require the positive determinate judgement of the conscience , concerns of truth & falshood , duty & sin , which cannot admit of accommodation , or dispensation , or reservation , or any other sense than the imposers and they that state their inquisition about such things do oune , and are observably known to have & maintain about them . otherwise , all other forged accommodations are but tampering tricks , jugling with juglers , deceiving the deceivers , in such a way as does not well consist with the simplicity of the gospel , or the doves innocency : for what is that but a swearing or promising deceitfully ! psal. . . a conceiving & uttering from the heart words of falshood isai. . . a false oath zech. . . which are hateful to god , who will be a swift witness against 〈◊〉 swearers mal. . . neither will they be so easily deceived , for they will readily yeeld to accommodations , or any tolerable sense that we can put upon their snares ; for they reckon that a yeelding in part , and are glead to find us so far justifying their acts & impositions , as by our offer practically to declare they bear a good sense , and they will come many wayes to our hand to get us kooked so . secondly , these things being premitted , i shall offer reasons why it was necessary in point of conscience , to refuse all the oaths hitherto tendered , and consequently consciencious sufferers upon this account will be vindicated . and first some general reasons against all of them together , and then a word to each sort of them . . there is one general argument , that will condemn coming in any terms of oaths or bonds with that party , that have broken the covenant , overturned the reformation , and destroyed the people of the lord : because such transactions with them ( as is hinted above ) are a sort of confederacy with the known enemies of truth & godliness , importing a voluntary subjection to them , complyance & incorporation with them , as members of the same community , whereof they are acknowledged to be head . now all such sort of confederacy with such malignant enemies of god and of the church , is unlawful , as mr. gillespie demonstrates in his useful case of conscience , concerning associations & confederacies with idolaters , or any known enemies of truth & godliness . though civil compacts for common commerce may be allowed , as abram was confederate with aner , eshcol , & mamre gen. . . iacob covenanted with laban by way of lawborrowes gen. . . but sacred confederations of this sort , are unlawful from these arguments . . the law of god condemns them exod. . . thow shalt make no covenant with them , nor with their gods , they shall not dwell in thy land , lest they make thee sin against me — where not only religious covenants are discharged in a tolleration of their idolatry , but familiar conversation also , they shall not dwell in thy land. if then we must not suffer them , if in capacity , sure we must far less be imposed upon by them ; if we are not to be familiar with heathens , far less with apostates , that calls themselves christians : for the apostle layes much more restraint from communion with them , than with pagans cor. . , . the reason of the law , lest they make thee sin , as long therefore as there is that hazard of sinning , the law obliges to that caution . so exod. . - . take heed to thy self lest thow make a covenant with the inhabitants of the land — lest it be a snare — but ye shall destroy their altars — lest thow make a covenant with them — and they go a whoring after their gods and thow take of their daughters unto thy sons — here again , all sacred transactions are discharged , upon a moral & perpetually binding ground , and all toleration is prohibited , and conjugal affinity . such complyance brought on the first desolating judgment , the flood on the old world ( gen. . , , . ) when the godly conformed & incorporated themselves , and joined in affinity with that ungodly crew , from whom they should have separated themselves . likewise deut. . , , , . — thow shalt make no covenant with them , nor shew mercy unto them , neither shalt thow make marriages with them — for they will turn away thy son from following me — so shall the anger of the lord be kindled against yow — but thus shall ye deal with them , ye shall destroy their altars . where all transactions with a people devoted to destruction are discharged , even that of tolleration of malignant enemies ; according to which precept , david resolveth to destroy early all the wicked of the land , and cut off all wicked doers from the city of the lord psal. . . mark this all , of what degree or quality so ever , without respect of persons . and lest it should be thought this is meant only of these seven nations there enumerate , the law is interpreted by the spirit of god of many other nations ; where solomon is condemned for joining in affinity with other wicked people , besides these king. . , . so that it is to be understood generally : against confederacies with all , to whom the moral ground is applicable , & the danger of insnaring the people of god. it is clear likewise , we must have nothing to do with the wicked , but to treat them & with them as enemies psal. . , . with whom as such there can be no confederation ; for that supposes alwayes the enmity is laid aside , but that can never be between the professors of religion and the professed enemies thereof : but that must alwayes be the language of their practice , depart from me ye workers of iniquity , for the lord hath heard me psal. . . the command is peremptory & perpetual , for sake the foolish , prov. . . make no friendship with them , prov. . . say not a confederacy to them isai. . . where it is clear from the opposition in that text , betwixt confederating with the wicked and the fear of god , that the one is not consistent with the other . there is an express discharge to yoke or have any fellowship with them cor. . . to the end — for what fellowship hath righteousness with unrighteousness ? — what concord hath christ with belial ? — wherefore come out from among them and be separate — . many fad & sharp reproofs for such transactions & confederations , do conclude the same thing iud. . , , . — isaid — ye shall make no league with the inhabitants of this land , yow shall throw doun their altars , but yow have not obeyed my voice , why have yow done this ? wherefore — i will not drive them out from before yow — it cannot be expected , the lord will drive out these enemies , if we swear subjection & allegiance , & come under confederations with them ; for thereby we contribute actively to their settlement & establishment , and bring our selves not only under the miserie , but the guilt of strengthening the hands of evil doers . so ier. . the people of god are reproved , for making themselves home born slaves ; how ? by out-landish confederacies vers . . now what hast thow to do in the way of egypt , to drink the waters of sihor ? or what hast thow to do in the way of assyria ? — the chaldee paraphrase hath it , nunc ergo quid vobis contrahendo societatem cum pharaone rege egyptiorum ? — & quid vobis percutiendo faedus cum assyria . — what have yow to do associate with pharaoh king of egypt ? and what have yow to do to make a covenant with the assyrian ? so may we say , what have we to do to take their oaths & bonds , that are as great enemies as they were . ephraim is reproved for mixing himself among the people hos. . . by making confederacies with them ; what followes ? he is a cake not turned , hot in the neither side , zealous for earthly things , but cold & raw in the upperside , remiss in the things of christ. and this we have seen in our experience to be the fruit of such bargains , or bonds , or oaths , that they that were ingaged in them , have alwise in some measure fallen from their former fervor for christ. nay we shall find , that such transactions are seldom or never recorded in the book of god without a reproof , or some greater mark of gods displeasure put upon them ; which doubtless ●s set purposely as beacons , that we may beware of them . and therefore . . we may take notice of many disallowed & condemned examples , on which the lord sets marks of wrath , as ahabs covenant with benhadad , king. . . to the end : asa's covenant with benhadad , which the prophet calls a foolish deed chron. . from begin . to vers . . proceeding from an evil heart of unbelief ; as all such transactions are over-awed complyances . iehosaphats with abab hath the same censure , though he kept himself free of ahabs idolatrie , and ahab seemed to have been penitent before he joined with him , and his relation to him was very near , the enemy of both was an infidel , the cause was good to recover a city of refuge , the manner of his proceeding was pious consulting the prophets , and his end good ; yet all this did not justify that wickedness , related chron. . and reproved chron. . . iehu the prophet is sent to him , should thow love them that hate the lord ? therefore is wrath upon thee from before the lord. after this , when he joined himself with ahaziah , who did very wickedly , the lord brake his works chron. . . to the end : which made him afterwards mend his fault , for he would not again joine with him , when he sought the like association king. . . so amaziah's bargain with the israelites , when the lord was not with them , is condemned by the prophet , admonishing him to disjoyne himself from them chron. . - . and ahaz his bargain with tiglath-pilnasser the assyrian chron. . . &c. is plainly disallowed . . the complaints , confessions , & lamentations of the lords people , mourning over this sin , demonstrate the evil of it ezra , . . should we again break thy commandments , & join in affinity with the people of these abominations ? wouldst not thow be angry with us , till thow hadst consumed us , so that there should be no remnant nor escaping ? psal. . . they were mingled among the heathen and learned their works . all these commands , reproofs , examples , & complaints , are written for our learning ; and being seriously laid to heart , will sufficiently scare all the fearers of god , to join but stand aloof from all complyances , conjurations , or confederacies with the enemies of god , directly or indirectly , formally or interpretatively , for fear of partaking of their sins and receiving of their plagues . i insist the more largely on this argument , both because it will conclude that for which these proofs are adduced , to condemn all bonding or bargaining with malignant enemies ; and because it will vindicate the aversion of this poor persecuted remnant , from associating in expeditions of war , with promiscuous subverters & perverters of the cause , on which it were not so proper to my purpose to dilate any discourse in a distinct head , while i must confine my self only to the heads of sufferings . only because it may be objected , and it will be profitable to consider it , that these scriptures disprove only voluntary & elective confederations with the wicked , but cannot condemn necessitated subscriptions of lawful obligations , when the matter is not sinful ; nor come they home to the case of prisoners , who are constrained to transact & treat , and have to do with the men in power : otherwise , if all bonds were unlawful , then prisoners might not procure liberty for longer or shorter time , upon bond & bail to answer again when called ; which yet is generally approven , and practised without scruple , and seems not to want a precedent in scripture , in that iason gave such security act. . . i shall therefore subjoin here some considerations , by way of answer to this . . these scriptures disprove all covenants exod. . . all confederacies isai. . . all concord or aggreement with the men of belial cor , . . and , without distinction of voluntary or over-awed transactions , all unitive aggreements of whatsoever sort are discharged , and can no more be restricted to the particulars there specified , as if any other covenant , confederacy , or concord might be lawful that were not a joining in marriage , an assotiating in war , or communion in worship with them , than the moral grounds of these prohibitions can be so restricted : for the hazard of sin & snares , the hurt of faithless fears , from whence they flow , and the hatefulness of such unequal conjunctions , which are the grounds & reasons of these laws , as may be seen in these forecited places , cannot be restricted to the particulars specified . but now all the tendered oaths & bonds of our adversaries , when subscribed as they require , yea even those transactions of prisoners for procuring their liberty , on terms of engaging to re-enter themselves according to aggreement with their persecuters , are unitive covenants or conditional aggreements , giving solemn securities for their respective obligations , upon terms wherein both parties accord : for these bonds are given to them , and not only before them , as was said . they are confederacies of the subjected , seeking the peace & favours of their superiours , which when over-awed are sinful to be made with wicked enemies of religion , as well as when unconstrained , for ahaz his transaction with the assyrian , was forced out of fear , and yet it is called a sinful confederacy , not to be homologated by any of the fearers of the lord isai. . . they are concords and aggreements with the unrighteous sons of belial , and not about common matters , but matters wherein religion & righteousness are nearly concerned : can any think that these commands are given with exception of prisoners ? and that if any isralite was prisoner to these nations , he might make a covenant with them for his liberty , upon an engagment to render himself prisoner to them again ? then he might give bond to gods devoted enemies , to bind up his hands from prosecuting the war with them , which all israel was obliged to do : for if they might covenant subjection to them , then it would have been their sin to rebel , as it was zedekiahs sin to rebel against nebuchadnezzar , because it was breach of covenant : and so there might be a case , wherein the israelites , notwithstanding of all these prohibitions , would bee obliged not to destroy , nor break doun their altars , to wit , if they made such a bargain with them for their liberty , to surrender themselves as their subjects . now we read , many times they were brought under subjection , and that as a punishment of their leaguing with them , and yet they broke the yoke , when they cried unto the lord , and never submitted any longer than they were able to deliver themselves . whence it is plain , that they never bound themselves to such subjection by oath , bond , or promise , for that would have been no mercy which was purchased by treachery . . it is a voluntary compact with the men in power , to procure liberty upon bond to answer again , and cannot be called necessitated ; or if it be , it is but a necessitated sin . it must be voluntary , because it is an act of the will , and the will cannot be forced ; it s the consent of the will , and the consent cannot but be voluntary , in so far as it is a consent ; and by this , whereas before their so procured liberty they were prisoners by constraint , now when they must return to prison , they are prisoners by consent : it s the prisoners choise , whether he will come out upon these terms or not , and every choise in so far as it is a choise , is elective & voluntary : it s put to the mans choise whether he wil continue under the cross , and continue his testimony for the cause , or surcease from it for a time , the latter in the case is chosen . it s the prisoners desire and petition , to transact with them in these terms for liberty without which no benefit of any such bond can be procured , and every desire is voluntary . yea it is a formal compact & capitulation with them , binding & obliging these bonders by their oun word & writ , at least to be at their call & command , not by compulsion & force now , but by the moral obligation of their oun compact : now every such compact is voluntary . and therefore , if all voluntary covenants , confederacies , & aggreements be discharged in scripture , then this bond of compearance also must be discharged . the judgement of famous mr rutherfoord , of a draught of a petition to have been presented to the committee of estates , by those ministers who were prisoners in the castle of edinburgh , will confirm what is said : we find it in the third part of his letters numb . . where are these words , i am straitned as another suffering man , but dare not petition this committee . . because it drawes us to capitulate with such as have the advantage of the mount , the lord of disposing for the present , and to bring the matters of christ to yea and no ( yow being prisoners , and they the powers , is a hazard . . this aggreement with the enemies for liberty , upon these terms , is sinful . for it is not only an acknowledgment of a wicked power , in ouning & transacting with them as judges , who can free them and bind them as prisoners by law , which is disproved above : but it is a binding themselves over to a pacqued , perverse , & law-perverting judicatory , not as prisoners by forcible constraint , but a willing consent , ackowledging the legality of their imprisonment , and obliging themselves to observe it when demanded : yea it is a covenanted & bonded obedience to a wicked law ; for it is a wicked law , to exact from a sufferer for truth , his re-entrie to prison , for no crime but his duty . as also it is a justifying of a wicked sentence , for it is a wicked sentence , that an innocent man shall return to prison when they please ; which is justified when they bind themselves to obey it . this is nowise like a mans going to the gibbet on his oun feet ; for the man does not bind himself to do that , neither is it exacted of him as an obedience to a law , nor is it given forth as a part of his sentence , only he chooseth it for his oun ease : but if all these did concur , it were unlawful for a martyr for righteousness to obey such a law , or voluntarly to submit to such a wicked sentence . neither is it of any pertinency to urge , that it is lawful for a man to submit so far to a robber , as to bind himself to return to him against such a day with another purse to him : for this is a necessitated bargain , to give what a man hath and promise more to save his life , and is like a mans casting his goods out at sea to save the ship ; the other is not so but elective : this is only a choise of the least of two evils of suffering , but the other is a choise of one of two evils which is sin , which cannot come under a christians election at all : this is a compact with the robber , which is still discretive , and nowise unitive of the robber & him , in any bargain of concord or consederacy or acknowledged subjection , only a passive surrender to his greater force as an enemy ; but the other is unitive , as between rulers & ruled : this is not any obedience to a law , nor is the mans purse required to be given or promised under that notion , as the other is , i shall here also subjoin some more of that foresaid letter of mr rutherfoords , in the place , sayes he , a speaking to them in writ , and passing in silence the sworn covenant & the cause of god , which is the very present controversie , is contrary to the practice of christ and the apostles , who being accused or not accused avouched christ to be the son of god , and the messias , and that the dead must rise again , even when the adversarie mistated the question ; now plain it is , that neither in the bonds nor petitions , is there any word of the cause or testimony suffered for . . as it is sinful , so it is very scandalous in several respects ; in that at least it hath the appearance of evil , which christians should abstain from thes. . . and seems to be a voluntary subjecting themselves to their impositions ( at least of that to return to prison again ) a willing acknowledgment of their unjust usurpations ; a spontaneous consenting to their mischiefs framed into a law , & exacted under the notion of a law ; a gratifying of the enemies of religion , and pleasing them more than any thing a prisoner can do , except he should wholly deny the cause ; and therefore chiefly always this overture is most acceptable from those that durst give any testimony , because they look upon it as some indication of their fainting or falling from it , or of their wearying of the cross of christ , of which they are very glad ; and an offending and making sad the hearts & condemning the practice , of some truly tender & zealous confessors of christ , who have had strong tentations to make such transactions , and durst not yeeld so far for a world ; yea it is certainly an argument of faithless fear , & impatient wearying of the cross because of the fury of the oppressor , which the lord taxeth , when the captive hasteneth that he may be loosed , and that he should not die in the pit , nor that his bread should fail , which is a dishonour to him who hath promised to bear their charges , and hath given them many encouragments to trust , that he will open a door in his oun time & way , see isai. . , . of this rutherfoord addeth in that forecited letter , silence of the cause of god which adversaries persecute , seems a tacite deserting of the cause , when the state of of the question is known to beholders , and i know the brethren intend not to leave the cause . and a litle after , sayes he , the draught of that petition which yow sent me , speaks not one word of the covenant of god , for the adhering to which yow now suffer , and which is the object of mens hatred , and the destruction whereof is the great work of the times ; and your silence in this nick of time ) appears to be a not confessing of christ before men , and yow want nothing to begen an uncleanly deliverance , but the profession of silence : which is professed by all , that petition for such a bond , when their address & transaction speaks no more in favours of the cause , than if they denied it . it is plainly a coming out of prison without a testimony , which cannot consist with faithful & zealous suffering for christ , and is far from the choise of christs witnesses , who overcame by the blood of the lamb and the word of their testimony , recorded heb. . . — who were tortured not accepting de●iverance , that they might obtain a better resurection . . as it is scandalous , so it is very inconvenient & unsuitable for the confessors of christ. in that not only they may be ignorant , and much troubled to know , what underhand ●ealings their friends may use sometimes to procure that liberty without acquainting them , and how odiously their act of deliverance may be worded & registred to the prejudice of the cause , which they dare not testify against afterwards when they do know it , for fear of many inconveniencies . but also it cannot be vindicated from being a dishonourable shifting , and puting off , or casting off the call of a testimony ; and confessing either an inconstancy , or impatience or unreadiness , or want of resolution , to confess or profess the testimony for christ , without some respyte to gather new defences for it : whereas christs witnesses should be ready always to give an answer , to every man that asketh them , a reason of the hope that is in them pet. . . and besides they involve themselves into the incumbrances of a doubtful suspence about the event , whereas if they keep their first resolution & condition with cheerfullness , aloof from such bargains , they know the utmost they have to fear or hope from men . but now , as it is hard for them to come off without some sinful engagment , and to continue any measure of faithfulness when they are out , for fear of being soon called again ; so they bring themselves into many sad difficulties , how to behave , and cast themselves into many tentations unadvoidably . however except of late , a precedent of this practice can hardly be instanced among the sufferers of christ in former times , but on the contrary many have refused such offers . i shall only name one ; in the persecution of qeen mary of england , dr sands prisoner at london , had the offer of liberty , upon the terms of such a bond , finding bail to appear when he should be called , but refused it absolutely ; and when a gentleman without his knowledge , having procured it by giving a thowsand pound bond for him , brought him forth and required his consent and observance of the obligation , he would not consent to give any security , and denied his resolution to observe it in the least ; whereupon the gentleman very courteously told him , he would stand to his hazard . this was far more like the innocency of the dove , but this new prudence resembles more the wisdom of the serpent . finally as for iasons business , which is so much harped upon by these bonders . ( ) these were rulers that he had to deal with all , and not raging tyrants ( ) they were indifferent arbiters between iason and the lewd fellowes that troubled him , and not both judge & party ; he gave no security to his persecuters , as these bonders do , but to the true judges of the cause , who impartially took cognizance of it , from whom iason might & did expect right ( ) this was before he was prisoner , being as free as his accusers , and having the law as free for him as it was for them ; whereby he could vindicate himself and abide the law , and be absolved by it : which does not answer the case of prisoners , actually ingaged in & called to a testimony for christ , when there is no law but what is established in opposition to christ. ( ) in the original it is , when they got satisfaction from him , that is , when he so cleared himself , that they could not fasten any transgression upon him , then they absolved him . . all these oaths & solemn securities that have been imposed in these times , are dreadful & heinous breaches of the third command , by taking his name in vain in the worst sort , whereby the takers cannot be holden guiltless . for it is impossible such oaths & bonds ; however they be constructed , can ever be taken with these requisite qualifications necessary to be observed in all oaths ( and consequently in all solemn promises or bonds ) that are mentioned once for all ier. . . where one that sweareth must do it , in truth , in iudgement , & in righteousness . . they cannot be taken in truth , which is a necessary qualification in all oaths ; according to the definition of a true oath ; which is , a solemn invocation of god , for confirmation of some true . lawful , grave , and weighty , useful , & worthy business , wherein he is attested & appealed unto , that he , as the only searcher of hearts , may give his testimony to the truth of the thing , and punish the swearer if he swear not in truth . and this swearing in truth does import & require , both sincerity of the heart , filled with reverence and the awful apprehension of a present god ; and simplicity of the mind , well informed of the genuine meaning of the oath , that we have clear uptaking of it , and take it not implicitely but with our oun understanding ; and also singleness & honesty of the intention , that it be not to deceive , by puting any other sense than the imposer hath , or will allow when he understands it : so the meaning must be clear , and such as may be obviously gathered from the words , and according as they are supposed to be understood by others , especially them that exact the oath ; for if they mean one thing and we another , gods name is profaned , and the end of the oath frustrate , and so all equivocations & mental reservations are condemned ; as all divine treating on oaths teach , and worthy mr durham particularly ▪ on the third command , who asserts , that though we could devise some other meaning , that might seem to make for us ; yet if that was not meant at first tendering , but otherwise understood by him that did take it , it will not absolve from the guilt of perjurie ; for an oath is stricti juris ▪ and will not admit on any respct or account of interpretations , prejudicial to the native truth of it , lest it should be found to be ( according to psal. . . ) a swearing deceitfully . and afterwards he sayes , much less will it exempt a man from guilt , that in swearing he had a meaning of the words , contrary to what in common sense they bear , and in the construction of all indifferent persons sine juramento or extra , but it should be plain , single , & clear . and pareus saith in catech urs. part. . quest . . sancitum est iuramentum , ut sit vinculum veritatis inter homines , & testimonium quod deus sit author & desensor veritatis . an oath hath the divine sanction , that it might be a bond of verity among men , and a testimony that god is the author & defender of truth , now none of these oaths & bonds can be taken in truth ; for if they may be safely taken in any sense : it must be such as the oath in the design of the imposers cannot bear , and which the imposers never intended , nor would they ever have allowed , if they had understood it ; which industriously the takers have a care they should not understand , and so they must take it in that sense cum animo fallendi which cannot be in truth , but most derogatory both to the truth & simplicity of the gospel . and they are all unclear & ambiguous , which cannot be taken in truth , because they have no truth in them , as dr. sanderson saith de iur. promiss . oblig . prael . . §. . a proposition of an ambiguous & indefinite sense , before the matter be distinguished , is not a true proposition ; yea nor a proposition at all : for a proposition , as its definition cleareth , should signify either a truth or a falshood , without any ambiguity : and therefore , sayes he , such oaths should be supected , that there is some deceit lurking , and every pious & prudent man should refuse them , offered under such terms , cited by apol. relat sect. . pag. . & sect. . pag. . in fine , none of them can be taken in truth : since they are all a denying the truth , as will be evident by the induction of all of them ; which how it can consist with the fear of god , or sincerity of the heart , cannot be imagined , and if conscience be called in to judgement it will condemn the taking them . . they cannot be taken in iudgement , that is , with knowledge & deliberation ; minding & understanding what it is we swear or subscribe , as mr durham explains it in the place above cited . for first , they cannot be taken in judgement , because they are all ambiguous , the terms of them being capable of diverse senses , not explained by the imposers● and if they were explained in their sense , then they could not be taken in righteousness ; and so at best they are uncertain : and that is dreadful , to invock the majestie of god to be a witness to uncertainties , for that is to swear with an evil conscience & contempt of god , to dare to call him in as a witness of that which is in suspense , whether it be truth or a lie ; and such a swearer must make it a matter indifferent , whether he make god a witness of a truth or of a lie in the case . vide pareum loc. supra citat . pag. sect. . dr sanderson ubi supra , gives these reasons further against all ambiguous oaths : because of him who tendereth the oath : for the proper end of an oath is , that he in whose favours it is taken should have some certainity of that whereof he doubted before , but there can be no certainity out of words which have no certain sense : next , because of him who sweareth , who if he take such an oath in these terms , either stumbleth his neighbour , or spreadeth a net for his oun feet ; for to what else should such collusion tend , but either that by our example others may be induced to take it , whereby they are stumbled ; or that afterwards , by virtue of that oath , some thing may be required of us , which is either unlawful or hurtful , and this is to lay a snare for our selves ! therefore let every prudent man beware of suffering himself to be deceived by these wiles , and of thinking so much either of the favour or of the ill will of any other , as to swallow the bait under which he is sure there is a hook : it is expedient , that in the matter of oaths all things be done aright , and that the sense be clear to all , and that is jurare liquido to swear with a clear conscience apol. relat. pag. . but next , they cannot be taken in judgement ; because they are all imposed and extorted under a sever penalty , and some of them of death , and so must be taken out of fear . such oaths are by many famous divines judged unlawful , especially publick oaths imposed by authority , and under colour of law ; these are worse than a mans private oath given to a robber , ●for fear of death , if the matter be unlawful : for , whether the matter be lawful or unlawful , such oaths coacted , exacted , & imposed by law , cannot be taken in judgement ; for if they be taken out of respect to the law , then it is the persons suffrage to the equitie of that law , and an approbation of the imposition ; which in the present case cannot be done , by any man of conscience , for whether the oaths be lawful or not , the authority imposing them is naught , and the law wicked and can never be approven ; and if they be extorted out of fear , then they cannot be taken with deliberation , or voluntary & unviolented choise , unconstrained light or liberty , which are all the ingredients of judgement . . they cannot be taken in righteousness , that is according to the law of equity as well as piety , neither wronging god nor others by our oaths . lawful oaths should be in themselves vincula aequitatis , as well as veritatis . and pareus saith loco supra citato , iuramenta licita tantum ea sunt — quae suscipiuntur de rebus veris , certo cognitis , licitis ; possibilibus , gravibus , necessariis , utilibus , dignis . lawful oaths are only these which are ingaged into about things true , certainly known , lawful , possible , weighty , necessary , useful & worthy . and if that be true , then are all the oaths & bonds taken these many years , but fetterings into bonds of iniquity ; which when the consciences of the takers will reflect on them , will become galls of bitterness , and found to have none of these qualifications , but on the contrary to be about matters false , uncertain , unlawful , impossible , frivolous , fruitless , useless , & unworthy , to the worst degree of baseness ; and which is worst of all , dreadfully sinful , and horrid to be thought on to interpose the name of god upon , making him the approver of what his soul hates , and a witness of that which he will be an avanger of , as will appear by the particular consideration af all of them . . let it be considered , that though ( as the pleaders for these transactions do impertinently alledge ) the same words in other cases might be subscribed in a more abstract sense , as being capable of a good construction : yet complexly considered in the form & frame of all the oaths & bonds we have been troubled with , they cannot be subscribed in any sense ; and if in any , that must be the impoposers sense , which in them all is alwayes pernicious . . they cannot be taken in any sense though never so good , if we consider the absolute illegality of their arbitrary imposition . it will be confessed that oaths should be very tenderly imposed upon consciences , not only lest the name of god be prostitute to profanation , in matters light & trivial , or dubious & uncertain ; but lest a tyrannical jurisdiction be exercised over the souls of men , which are not subject to any power that mortals can claim . so it cannot be denied , but that the constitution of our government requires , and reason as well as religion sayes it is necessary , that no ruler hath right to enjoin an oath which is not first enacted into a law ; and it was alwayes accounted a good plea for refusing oaths , when there was no law for them ; and some have been charged with treason , for exacting oaths without a statute ordaining them : which might be brought in as a charge against all the imposers of our oaths , the most part of which have been exacted & extorted without any colour of law ; some of them being never ordained by any act of parliament , and others of them before they could obtain such a mischief framed into an act for them , and all of them neither ever legally administred nor righteously enacted , by such who had power to make acts ; for as for the pacqued parliaments that made them , no consciencious man could ever oune such a company of perjured traitors , to be their parliamentary representatives . yet abstracting from that , i say , the oaths that have been imposed without and against law could never be taken in any sense , without consenting to their treasonable breach of law , for which they have forfeited their lives to justice , when ever there shall be a judicatory to revise their administrations : and these that have been imposed by a pretended law , could never be taken without justifying of that law that ordained them , which hath been nothing but a mischief framed into a law by a throne of iniquity . . they cannot be taken in a good sense , with a safe conscience ; considering either what is plain in them , or what is more ambiguous . what is plain and capable but of one sense , that is alwayes either constraining to a clear sin , to renounce some part of the covenanted reformation , in profession or practice ; or restraining from a clear duty , that we should not do that which we may or ought to do . there is nothing in all of them plain but what obliges to one of these two . again what is ambiguous in them , as it ought to be refused for its ambiguity ; so when it is explained according to the imposers mind & meaning , the sense will be found alwayes pernicious , though the words may be plausible . as when they require an obligation to allegiance , or loyaltie , or peaceableness , or orderlyness , and other smooth words signifying excellent things in an abstract notion , these will be found to carry quite another sense , if we inquire into the imposers meaning , in which only oaths & bonds must be taken . the only way to find out their meaning , is to consider either their acts or actings , or their designs & intentions , as they are discoverable by any man of prudence or consideration . if we consult their acts or actings , practically & only legally explaining them , for a commentary ; then by allegiance , we can understand nothing else but an ouning of their absolute tyranny ; by loyaltie , nothing but an absolute & implicite obedience of their absolute commands , without reserve ( as the late proclamation for the tolleration expounds it ) by peaceableness , nothing but a stupid subjection to them , leting them do what they please without resistence or control ; and by orderlyness , nothing but a disorderly complyance & conformity with them , in going along with the corruptions & defections of the time , for their acts & actings expound them so . if we consider their designs & intentions , according to which they are all uniformly calculate and equally levelled ; he is blind who hath not seen , they have been driving all this time at these designs ( to which all these oaths & bonds have been adapted & successfully subservient , and by which they have been promoted to the present pass ) to overturn gradually all the degrees of our covenanted reformation , to establish tyranny and advance it unto greater degrees of absoluteness , and to introduce poperie & slavery ; so that by allegiance & loyaltie , can be meant nothing else but an obligation to oune & obey , and never to oppose the design of advancing tyranny ; and by peaceableness & orderlyness , nothing else can be intended , than an obligation never to oppose either the present settlement , or future establishment of poperie & arbitrary power , upon the ruines of the reformation and our civil & religious rights & liberties . whence , they that can take these oaths & bonds in any other sense , and plead for the inoffensiveness of the terms , in a more abstract notion , and sense alledged more legal , without regard to that of the imposers practically explained by their administrations , and so looking more to the briberies of their blinded reason and wordly interest , than to the dictates of conscience , please themselves with such notions & quibling evasions , do but mock god , deceive the world , illude the enemies , and delude themselves . and all these debatings for accommodations & expositions in another sense , are but foull fairdings of conscience-beguiling compoundings in , and pitiful priggings for , a base complyance . but it is usual for a guilty son of adam to sow fig-leaves . . let it be considered , that all these oaths & bonds that the land hath been debauched with these years , are all condemned by and contradictory to anterior binding orders , the acts of the general assembles , requiring no oaths in the common cause to be taken without the churches consent , as was cleared in the historical part , upon the fifth period pag. . and that especially they are condemned as being contradictory to , & violatory of prior oaths of continuing indispensible obligation ; being designed , pressed , & imposed on purpose to delete the same out of the minds & memories of the present generation : i mean the national and solemn league & covenants , and other former nationally binding publick engagments . which , because they are not only broken & burnt , but declared criminal to be ouned , and because the ouning of their obligation is ordinarly inserted in the indytments of our martyrs , i must touch upon them more particularly . it was cleared above head. . arg. . from the form , the object , and from the ends of the covenant , which are all moral and of indispensible obligation , that it is of perpetual and unalterably binding force , obliging the present and all future generations , as well as that which did first come under the bond of it . and to confirm this , i shall adde more particularly these many consideration . . the national engagments are national promises , plighting & pledging the nations publick faith , for the preservation & propagation of religion & liberty , to succeding posterity ; which if succeeding generations may reverse , then the faith of men , and the faith of nations , can be of no force above a century of years ; nay nor after the decease of them that personally made the promise : and so every new ruler , every new parliament , yea every person coming up to succeed the father in any capacity , might be free not to stand to it , which were very absurd . certainly that promise of the iewish nobles & rulers , not to exact usury of their brethren , but to restore & not require it of them , did not only oblige themselves , but would bring their posterity under the curse , if they should exact the same debt there remitted neh. . , . and does not a national promise of preserving the reformation , bind as much to the curse of the breach of it ? . they are national vowes , avowing & avouching and devoting themselves & their posterity to be the lords people , and to keep his statutes & promove his interests ; which do bind the posterity . iacobs vow at bethel , that the lord should be his god gen. . . did oblige all his posterity , virtually comprehended in him ; he found him in bethel and there he speake with us , saith the prophet many hundered years after h●s . . . the israelites vow , to destroy the canaanites , did oblige all their posterity numb . . . not only by virtue of the lords command , but by virtue of their vow ; as we are obliged to preserve the reformation , not only by virtue of the lords command , but by virtue of our covenants . vowes are bonds to the soul , which must stand numb . . , . and whereas it is said , that as a womans father or husband might disanull her vow , and so the magistrate might abrogate the covenant : besides the impertinency of this comparison , as might be easie to demonstrate , it may be refelled by giving & not granting that he might do so ; yet if the father & husband shall hold their peace , then all her vowes shall stand , and her bonds wherewith she bound her soul shall stand vers . , . but so it was , that the supreme magistrate did give his consent to the national covenant , and the successor did swear the solemn league & covenant , and received the crown on the terms thereof , to preserve & promote religion & liberty ; and therefore her vowes must stand , they cannot be made void afterwards ; for it is a snare to devour that which is holy , and after vowes to make enquiry prov. . . so we find the rechabites were obliged to observe the vow of their forefather ionadab ier. . , . and if the fathers vow obliges the children ▪ shall not the nations vow oblige the posterity ? . they are national oaths which do oblige posterity : esaws oath to iacob , resigning his birth-right , did oblige his posterity never to recover it gen. . . ioseph took an oath of the children of israel , to carry up his bones into canaan , gen. . . which the posterity going forth of egypt in after ages , found themselves straitly sworn to observe exod. . . and accordingly buryed them in shechem , ioshua . . . the spies swore to preserve rahab alive and her house , ioshua . . , &c. which was without the consent of the magistrate , and yet ioshua found himself obliged to observe it ioshua . . . moses swore unto caleb to ensure him an inheritance ioshua . . . and upon this ground he deman●s it as his right vers . . which he could not do , if successors might reverse their predicessors lawful oaths . the lord will in a special manner resent & revenge the posterities breach of the oath of their fathers covenant ezek. . . thus saith the lord god , i will even deal with thee as thow hast done , which hast despised the oath in breaking the covenant , which was the covenant of their fathers . . they are national covenants , wherein king , parliament , & people do covenant with each other , for the performance of the respective duties of their several stations , either as to the work of reformation , or as to the preservation of each others mutual rights & priviledges : so that they are national covenants made by men with men ; and these we find do oblige the posterity . israels covenant with the gibeonites did oblige the posterity iosh. . , . and for the breach of it many ages after the posterity was plagued sam. . . zedekiah was bound by his predecessors covenant , though it was such as made the kingdom base , yet in keeping it it was only to stand , shall he break the covenant & be delivered ? thus saith the lord , as i live ▪ surely mine oath that he hath despised , and my covenant that he hath broken , even it will i recompense upon his oun h●ad ezek. . , , , . the apostle sayes even of humane covenants , though it be but a mans covenant yet if it be confirmed no man disanulleth or addeth thereunto gal. . . that is , cannot do so lawfully , much less can one man disanull a nations covenant . . they are national attestations of god as a witness , for the perpetuity as well as fidelity of these sacred engagments . all such covenants , wherein the holy name of god is invocated as witness , are ouned of god as his ( hence the covenant betwixt david . & ionathan is called the covenant of the lord sam. . . and zedekiahs fault was the breach of the lords covenant ezek. . forecited . so likewise that covenant mentioned ier. . , , . wherein the princes & people did swear to let their hebrew servants go free , is called gods , covenant . 〈◊〉 . . and upon this account sorer ▪ judgements are threatened vers . , . and i will give the men that have transgressed my covenant , which have not performed the words of the covenant which th●y had made before me — into the hands of their enemies . certainly this did oblige the posterity , at least not to recall these servants , and it was alwayes morally obliging . so our national covenant , sworn with hands lifted up to the most high god , being materially also binding , cannot be abrogated by the posterity , except the lord renounce his interest in them ; as long as the witness liveth then , who claims them as his , they cannot be made void . especially considering . . they are national covenants made with god , as the other party contracting , in the matters of god , which none can dispense with , or grant remissions in ; and therefore they must perpetually bind , until he loose them . and if even the posterity break them , the lord will make them that hate them to reign over them , and he will bring a swosd upon them to aveange the quarrel of his covenant , levit. . , , . such were all the national covenants of the lords people renewed by ioshua , asa , iehoshaphat , hezekiah , iosiah , ezra , nehemiah , for the breaches of which the lord plagued the posterity . it was for breach of their fathers covenant with god , that the ten tribes were carried away captive king. . . &c. we have already experienced the threatened judgments for covenant-breaking , and may look for more . . they are for their matter national covenants about things moral objectively , obliging to joine our selves to the lord in a perpetual covenant that shall not be forgotten . ier. . . i might easily demonstrate all the articles of the covenant to be morally obliging , but they are demonstrate sufficiently above head. . arg. . therefore they are perpetually binding . . they are for their ends national covenants inviolably obliging : which cannot be made void , though they should be broken , because the ends of them are alwayes to be pursued as is proved above head. . therefore they are perpetual . . they are for their formality national covenants , most solemnly sworn & subscribed by all ranks , with uplifted hands , with bended knees , with solemn invocating the name of god , with solemn preaching , prayer , & praise , rendering themselves and the posterity obnoxious to the curse if they should break it . now the solemnities of the oath do aggravate the heinousness of the breach of it , as is clear from ier. . . ezek. . . quoted above : the reason is , because of their greater deliberation in the action , and because of the greater scandal accompanying the violation thereof . hence as they are national oaths & covenants so solemnized , they are national adiurations under the pain of a national curse , not to break them nationally ; which do make the posterity obnoxious to it : as ioshua adjuring israel , saying , cursed be the man that riseth up and buildeth this city iericho iosh. . . which was fulfilled many generations after , in the dayes of ahab , upon hiel the bethelite king. . ult. so the curse of introducing abjured prelacy , and popery , if it be let in , will be impendent on the nation . all national covenants have a curse annexed , in case of a breach when ever it shall be : so in nehemiahs covenant , they clave to their brethren , & entered into a curse , and into an oath , to walk in gods law , which was given by moses the servant of god , and to observe & do all the commandments of th● lord our lord , and his judgements & statutes , particularly not to enter into affinity with their malignant enemies neh. . , . which certainly did oblige the posterity , because the thing was moral , so in our covenants we are bound to the same things , and nothing but these : and therefore the posterity is lyable to the curse of perjurie for the breach thereof . . they are for their legality , national laws , being solemnly ratified by the parliament and by the king , and made the foundation of their compact with him at his inauguration ; whereby they became the fundamental laws of the government , and among the very leges & regulae regnandi : which , though they be rescinded by a wicked law , yet make the rescinders chargable not only of perjurie , in breaking a covenant , but of treason & tyranny in breaking and altering the constitution of the government ; and render them lyable to the curse thereof : for they cannot rescind that , nor escape its vengeance : whereof we have a speaking pledge already , in that the rescinder of these covenants was so terribly rescinded , and cut off by the hands of unnatural violence ; god thereby fulfilling that threatend judgment of covenant breakers , that he that hath broken his covenant shall be brought to destruction , and bloody & deceitful men shall not live out half their dayes psal. . . ult . so charles the second got not leave to live out half the dayes , that he projected to himself . . they are national engagments of an hereditary nature , like that of israel deut. . , . which did oblige not only the present , but the absent , not only them that stood there that day before the lord their god , but the● that were not there that day . grotius de jur . ●el . lib. . cap. . gives these marks of hereditary covenants ( ) when the subject is of a permanent nature , and as long as manet idem corpus : therefore as long as scotland is scotland , whose people in their personal capacity , whose parliaments in their parliamentary capacity , whose king in his princely capacity , did all solemnly & sacredly engage in the covenant , it must be real & perpetually obliging . ( ) when there is such a clause in the covenant as that it should be perpetual : there are many clauses in the solemn league to this purpose , in art. . are these words , that we & our posterity after us may as brethren live in faith & l●ve a●d the lord may delight to dwell in the midst of us : in the . art , we shall each one of us according to our place & interest endeavour that the kingdoms may remain conjoined in a firme peace & union to all posterity . ( ) when it is such as is made for the good of th● kingdom : the covenant expresses its end for the perpetual good of the kingdom , having before our eyes the glory of god , the advancement of the kingdom of — christ , the honour & happiness of the king & his posterity , and the true publick liberty , safety , & peace of the kingdoms ; wherein every ones private condition is included : and again it is added , for preservation of our selves & our religion from utter ruine & destruction . all this is a publick national good . ( ) the matter is moral , about materially binding duties , and therefore it must be hereditary and of perpetual obligation . . lastly , they are national obligations , taking on publick duties , by way of virtual representation of the posterity . and they that think it irrational , that the father should represent & involve the family , must resolve us how the religious & civil covenants of israel & iud●h made in moses , ioshua's , davids , asa's , ioash's , hezekiahs , iosiahs , & 〈◊〉 dayes , did comprehend & bird as well the absent as the pre●ent , & their posterity , yet unborn ; as also , how the laws & contracts continually passed by some do take in others , not personally consenting ; yea how comes it to pass , that every succeeding generation is ●ound to the laws , and must be obedient to the kings , that they did not make themselves ; no reason can be given , but because they are virtually represented by & included in their fathers . now if these arguments prove our national covenants to be perpetually binding and cannot be dispensed with , the● must these posterior oaths that are made in a diametrical opposition to the covenants , and are condemned by the covenants , be false & unlawful oaths : but the first is proved : therefore these oaths so opposite to & condemned by the covenants are false & unlawful . that they are opposite to the covenant , will appear in the induction of all of them . and that , what ever they be imposed by this party , they are condemned by the covenants , wherein we are obliged to make no such transactions with them , will appear if we consider these and the like expressions , that we shall neither directly nor indirectly , suffer our selves to be divided , by whatsoever suggestion , allurement , or terror , from this blessed conjunction , nor shall cast in any let or impediment that may stop or hinder any such resolution , as shall be found to conduce for so good ends . which are the words of the national covenant , clearly condemning oaths & bonds given to malignants , which are divisive of them that adhere to , and unitive with them that oppose the covenant , and impeditive of resolutions to prosecute the ends thereof . so in the solemn league & covenant art. . we are obliged to oppose all such as make any faction or parties amongst the people , contrary to this league & covenant : but by these oaths & bonds such factions are made &c. and by art. . we are obliged to assist & defend all those that enter into this covenant ( contradicted by all the later oaths & bonds ) and not to suffer our selves directly or indirectly by whatsoever combination — to be divided — from this blessed union — whether to make defection to the contrary part , or to give our selves to a detestable indifferency &c. which we do , when we divide our selves from these that refuse these oaths , and makes defection unto the party that impose them . and in the solemn acknowledgment of sins & engagment to duties , we are sworn § . . to be so far from conniving at , complying with , or countenancing of malignancy , injustice &c. that we shall not only avoid & discountenance these things &c. but take an effectual course to punish & suppress these evils . all which we counteract & contradict , when we take any of these oaths or bonds . in the second place , by a particular induction of the several kinds of these oaths & bonds , the iniquity of each of them will appear ; and the complex iniquity of the smoothest of them , the oath of abjuration compared with every one of them , will be manifest . and consequently the honesty & innocency of sufferers for refusing them , will be discovered . i. the first in order , which was a copy to all the rest , was the declaration , ordained to be subscribed by all in publick charge , office or trust within the kingdom : wherein they do affirme & declare , they judge it unlawful to subjects , upon pretence of reformation or any other pretence whatsoever , to enter into leagues & covenants , or take up armes against the king — and that all these gatherings — petitions , protestations — that were used — for carrying on of the late troubles , were unlawful & seditious ; and particularly that these oaths — the national covenant — and the salemn league & covenant , were and are in themselves unlawful oaths . here is a confederacy required against the lord , at which the heavens might stand astonished ; an unparalelled breach of the third command . which could no more be taken in truth & righteousness , than an oath renouncing the bible : but it hath this advantage of the rest ; that it is some what plain , and the iniquity legible on its front . . that it is a renouncing of solemn & sacred covenants , perpetually binding to moral & indispensable duties , the wickedness whereof is evident from what is said above . . it makes perjurie of the deepest dye , the necessary sine qua non qualification of all in publick office : who cannot be presumed capable of administrating justice , when they have avowed themselves perjured & perfidious , and not to be admitted among heathens let be christians , nor trusted in a matter of ten shillings money , according to the laws of scotland . . it renounces the whole work of reformation , and the way of carrying it on , as a pretence and trouble unlawful & seditious : which if it be a trouble , then the peace they have taken in renouncing it , must be such a peace as is the plague of god upon the heart , filling it with senslessness & stupidity in his just judgement , because of the palpable breach of covenant ; or such a peace , as is very consistent with the curse & vengeance of god , pursuing the quarrel of a broken covenant . . it condemns the taking up armes against the king , which shall be proven to be duty head . besides , that hereby the most innocent means of seeking the redress of grievances , that religion , risings , law , & practice of all nations allowes , is condemned . yet in effect , for as monstrous as this oath is , the complexe of its iniquity is couched in the oath of abjuration ; in which many of these methods of combinations , risings & declarations of war against the king , and protestations against his tyranny , which were used in the late troubles for carrying on the reformation , are abjured ; in that a declaration is renounced in so far as it declares war against the king , and asserts it lawful to kill them that serve him : which yet , in many cases in the covenanted reformation here renounced , were acknowledged & practised as lawful , besides that it hath many other breaches of covenant in it , as will be shewed . ii. the next net they contrived to catch consciences , was the oath of allegiance & supremacy : wherein they that took it , for testification of their faithful obedience to their most gracious & redoubted soveraign , charles king of great britain — do affirme , testifie , & declare — that they acknowledg their said soveraign , only supreme governour of this kingdom , over all persons , & in all causes ; and that no forreign prince — hath any jurisdiction , power , or superiority over the same ; and therefore do utterly renounce all forreign power — and shall at their utmost power defend , assist , & maintain his majs . jurisdiction foresaid — and never decline his power — the iniquity of this oath is very vast and various . . it is a covenant of allegiance with a king , turned tyrant and enemy to religion , subverter of the reformation , and overturner of our laws & liberties ; and therefore demonstrate to be sinful both from the first general argument against oaths , and from head. . . it cannot be taken in . truth , righteousness , or iudgement : beause the words are general & very comprehensive , and ambiguous , capable of diverse senses : when he is affirmed to be supreme over all persons and in all causes , and to be assistest , & maintained , in that jurisdiction . who can be sure in swearing such an oath , but that he may thereby wrong others , wrong parliaments in their priviledges , wrong the church in her liberties , and which is worse , wrong the lord jesus christ who is supreme alone in some causes ? can an oath be taken in truth & righteousness , to assist him in all encroachments , upon causes , that are not subordinate to him ? and in invading all those priviledges of subjects , which are natural , civil , moral , & religious ? for if he be supreme in all causes , then all these depend upon him & be subordinate to him . and can it be taken in iudgement , and with a clear mind , when it may be debated & doubted ( as it is by some ) whether the obligation of it is to be considered , as circumstantiate & specificate to the present object of it , supposing him a tyrant ? or in a more abstract notion , as it might be tendered in the sense of its first authors , as it was taken in king iames the . his dayes , and as they plead for taking the english oath of allegiance , as it was accepted by the puritans in queen elizabeths dayes● whether it obliges to a king in idea , and in a more general consideration , as one who is said never to die ? or with reference to such an one as we have , a morta● man , and an immortal enemy to all those precious interests , for preservation of which he only received his kingship ? whether it must be taken in that of the imposers , practically explained by their administrations ? or in any other sense , alledged more legal ? these would be clear , before it can be taken with the due qualifications of an oath . . as for the civil part of it or ecclesiastical , no other explanation needeth to be inquired after , than what they give forth in their acts on record : the act of supremacy ( to be seen in the historical representation of the sixth & last period pag. . senses the ecclesiastical part of it : and the act for acknowledgment of his majesties prerogative does sufficiently sense , explain , & expound the civil part ; declaring , that it is inherent in the crown , and an undoubted part of the royal prerogative — to have the sole choise & appointment of all officers of state — the power of calling , holding , & dissolving parliaments , and all conventions & meetings of estates — the power of armies , making of peace & war , treaties & leagues with forreign princes or states , or at home by the subjects among themselves — and that it is high treason in the subjects — upon whatsoever ground , to rise — in armes — or make any treaties or leagues — among themselves , without his maj. authority first interponed thereto ; that it is unlawful to the subjects , of whatsoever quality or function , to convocate — themselves , for holding of councils to treat , consult , or determine in any matters civil or ecclesiastick ( except in the ordinary judgements ) or make leagues or bonds upon whatsoever colour or pretence , without his maj. special consent — that the league & covenant , and all treaties following thereupon , and acts or deeds that do or may relate thereunto , are not obligatory — and that none — should presume , upon any pretext of any authority whatsoever , to require the renewing or swearing of the said league & covenant &c. whereby it appears , that all this screwing up the prerogative to such a pitch , is by the oath of allegiance to defend all this jurisdiction justified ; and so , these palpable encroachments on the priviledges of the scots parliaments , that , by the fundamental constitutions of the government , alwayes had a share in making laws , and peace & war ; these robberies of our natural priviledges of defending our selves by armes , in case of the kings tyranny & oppression , and of convocating for consultations about the best means thereof ; and these invasions upon our ecclesiastical priviledges , in keeping general assemblies for the affairs of religion prorenata , alwayes strenously contended for as a part of the testimony ; yea all these rescindings , repealings , and condemnings of the way & manner , methods & measures , of promoting the covenanted reformation , are by this oath explained & by this act acknowledged to be parts of that supremacy & jurisdiction to be defended & maintained : as like wise , by many wicked acts since promulgated , which promote the supremacy to a vast degree of absoluteness , which all do interpret what that supremacy is which is sworn to be maintained , to wit , pure tyranny established by law. see the many grievous consequences of this laid out at large , in apol. relat. sect. . . here is absolute allegiance sworn to an absolute power , paramount to all law , engaging to faithful obedience to their soveraign , as supreme over all persons and in all causes — and to defend , assist , & maintain his said jurisdiction , and never to decline his power ; there is no restriction here on obedience , nor limitation on the power , nor definition of the causes , nor circumscription of the cases , in which that assistance &c. is to be given , whether they be lawful or not . now absolute allegiance to an absolute power cannot be sworn by any man of conscience , nor ouned by any man of reason , as is proven head. . arg. . it cannot be lawful in any sense , to swear such an oath to any mortal , nay not to a david nor hezekiah : because to swear unrestricted & unlimited allegiance to any man , were a manifest mancipating of mankind , not only to an ass-like subjection , but to a servile obligation to maintain & uphold the persons & government of mutable men , be what they will , turn to what they will ; it is known the best of men may degenerate : and by this no remedy is left to redress our selves , b●t our heads , hearts , and hands all tied up under an engagment to defend , assist , & maintain whosoever doth hold the government , manage it as he pleases . this reason will also conclude against the english oath of allegiance , though it be a great deal more smoothly worded , and seems only to require a rejection of the pope and legal subjection to the king ; yet that comprehensive clause makes it border upon absoluteness , i will bear faith & true allegiance to his maj. heirs & successors , and him and them will defend to the uttermost of my power , against all conspiracies & attempts whatsoever . there are no conditions here at all , limiting the allegiance , or qualifying the object ; but an arbitrary imposition of true allegiance and defence , in all cases , against all attempts ( even that of repressing their tyranny not excepted ) not only of their persons but of their dignities , if this be not an illimited allegiance to an absolute power , i know not what it is . . here is an acknowledgment of the ecclesiastical supremacy resident in the king : which is the most blasphemous usurpation on the prerogatives of christ and priviledges of his church , that ever the greatest monster among men durst arrogate : yea the roman beast never claimed more ; and in effect , it is nothing else but one of his names of blasphemie twisted out of the popes hands by k. henry the eight , and handed doun to q. elizabeth , and wafted over to & iames the th . for that was the original & conveyance of it . the iniquity whereof is discovered above head. . arg. . but further may be aggravated in these particulars ( ) it is only a change of the pope but not of the poped●m ; and nothing else but a shaking off the ecclesiastical pope , and submitting to a civil pope , by whom christs head-ship is as much wronged as by the other : and hereby a door is opened for bringing in poperie ( as indeed by this strategem it is brought now to our very doors ) for by the act of supremacy he hath power to settle all things concerning doctrine , worship , discipline , or government , by his clerks the bishops , having all the architectonick power of disposing , ordering , & ordaining these , as he in his royal wisdom thinks fit . ( ) by this , church & state are confounded ( whereof the distinction is demonstrate above ) making the magistrate a proper & competent judge in church matters , not to be declined ; wherby also he hath power to erect new courts , mongrel-judicatories , half civil half ecclesiastick , which have no warrand in the word . ( ) by this , many palpable & intollerable encroachments made upon the liberties & priviledges of the church of christ are yeelded unto ; as that there must be no church judicatories or assemblies , without the magistrates consent , but that the power of convocating & indicting assemblies do belong only to him , and the power of delegating & constituting the members thereof , that he may dissolve them when he pleases ; that his presence or his commissioners is necessary unto each nationall assembly ; that ministers have no proper decisive suffrage in synods , but only of advice ; that the church judicatories be prelimited , and nothing mus● be treated there which may be interpreted grating upon the prerogative , nor any thing whatsoever but what he shall allow & approve , without which it can have no force nor validity ; yea by this a door should be opened unto the utter destruction & overthrow of all church judicatories , seeing he is made the fountain of all church power . ( ) by this , the magistrate is made a church member as he is a magistrate , and so all magistrats as such are church members , even heathens . and yet ( ) by this he is exempted from subjection to the ministry , because they are made accountable to him in their administrations , and in the discharge of their function are under him as supreme . yea ( ) by this the magistrate is made a church officer , having the disposal of the churches government . and not only so , but ( ) by this he is made a church officer of the highest degree , being supreme in all causes , to whom ministers in the discharge of their ministrie are subordinate . and so ( ) by this the church of the new testament is made imperfect , so long as she wanted a christian magistrate , wanting hereby a chief officer ; yea and the apostles did amiss in robbing the magistrate of his power ( ) by this the magistrate might exerce all acts of jurisdiction , immediately by himself ; seeing he can do it as supreme by his commissioners in ecclesiastick affairs . ( ) finally by this oath the king is made the head of the church , being supreme over all persons & in all causes , unto whom all appeals & references must ultimately be reduced , even from church judicatories . those things are only here touched they are more apodeictically confirmed above , and may be seen made out at large in apol. relat. sect. . but i proceed . . it is contrary unto the solemn league & covenant ; into whose place after it was broken , burnt , buryed , & rescinded , since they have remitted the subjects allegiance by annulling the bond of it , they substitute & surrogate this in its place : and therefore none can comply with the surrogation of the second , except he consent to the abrogation of the first oath . all the allegiance we can oune according to the covenant , stands perpetually & expressly thus qualified , viz. in defence of religon & liberty , according to our first & second covenants , and in its oun nature must be indispensably thus restricted : therefore to renew the same , or take an oath of allegiance simply , purposely omitting the former restriction , when the powers are in manifest rebellion against the lord , is in effect a disouning of that limitation , and of the soveraign prerogative of the great god , which is thereby reserved ; and as much as to say , whatever authority command us to do , we shall not only stupidly endure it , but actively concur with & assist in all this tyranny . see naph . prior edit . pag. . . vindicated at length by ius populi . chap. . by all this the iniquity of the scots oath of allegiance & supremacy may appear , and also that of the english oath of allegiance , even abstract from the supremacy , is in some measure discovered ; though it is not my purpose particularly to speak to that : yet this i will say , that they that plead for its precision from the supremacy annexed , seem not to consider the full import of its terms ; for under the dignities , superiorities , & authorities , there engaged to be upheld , the ecclesiastical supremacy must be included ; for that is declared to be one of the dignities of the crown there , as well as here ; and hither it was brought from thence . and therefore those scots men that took that oath there , and plead that though the oath of allegiance in scotland be a sin , yet it is duty to take the oath in england , seem to me to be in a great deceit ; for the object is the same , the subject is the same , the duty expected , required , & engaged into is the same , and every thing equal in both . yet all this iniquity here couched , is some way comprehended in & implyed by the oath of abjuration : for the civil part is imported , in abjuring a declaration , for its declaring war against the king ; where it is clear , he is ouned as king , and all part with them that declare war against him being renounced , it is evident the abjurers must take part with him in that war , and so assist & defend him ; for being subjects , they must not be neutral , therefore if they be not against him they must be for him , and so under the bond of allegiance to him : the ecclesiastical supremacy is inferred from that expression of it , where some are said to serve him in church as well as in state , which implies an ecclesiastical subordination to him as supreme over the church . iii. the tenor of some other bonds was more smooth & subtil , as that of the bond of peace ; several times renewed & imposed , and under several forms ; but alwayes after one strain : engaging to live peaceably , whereby many were caught & cheated with the seeming sai●ness of these general terms : but others discerning their fa●laciousness , refused and suffered for it . this in the general is capable of a good sense : for no christian will refuse ●o live peaceably , but will endeavour , if it be possible , as much as lieth in them , to live peaceably with all men rom. . . that is , so far to follow peace with all men , as may consist with the pursuit of holiness 〈◊〉 . . . but if we more narrowly consider such bonds , we shall find them bonds of iniquity . for . . they are covenants of peace , or confederacies with gods enemies , whom we should count our enemies , and hate them because they hate him psal. . . it is more suitable to answer , as iehu did to ioram king. . . — what peace , so long as the whoredomes of thy mother iezebel , and her witchcrafts are so many ? than to engage to be at peace with those , who are carrying on babylons interest , the mother of harlots & witchcrafts . . this cannot be taken in truth , iudgement , & righteousness , because of the fallacy & ambiguity of the terms : for there are diverse sorts of peace & peaceableness ; some kind is duty , some never . it must then be rightly qualified , for we can profess & pursue no peace of confederacy with the enemies of god , not consistent with the fear of the lord , otherwise we cannot expect to have the lord for a sanctuary , but for a stone of stumbling isai. . . - — no peace obstructing the gospel or testimony , or abstracting from the duty of the day ; no peace tending to sinful security ier. . . no peace leading to slavish stupidity ; no peace prompting to preposterous prudence , in palliating sin , or daubing defections with untempered morter ; no peace inconsistent with truth ▪ they must go together zech. . . no peace that may not be followed with holiness heb. . . but it must be so qualified , that it be in the lord , in truth , in duty , contributing for the good of the church psal. . , . and the fruit of that wisdom , which is first pure and then peaceable iam. . . now all that know the imposers of these bonds , will acknowledge that is not the peace they are seeking . . if we further enquire into their meaning of living peaceably , and seek a determinate sense of it from their acts & actings , it is plain they mean such a peaceable living , as gives obedience to their wicked laws , and is a complyance to their established courses : and it must be such a peaceable living , as is opposite to their sense of sedition , rebellion , schisme , &c. which they interpret every seasonable duty to be : and it must be such a peaceable living , as they were presumed not to have been observant of before : and what ever it be , must be opposite to that with which they were charged as turbulent , and so contrary to all the duties of our covenanted profession , as going to meetings , withdrawing from the curats &c. which they interpret not to be peacable living . . this is contrary to our covenants , which oblige us to a constant contending with and opposition to them . yet all this is engaged into in the oath of abjuration , which abjures all war against the king , and all doing injury to them that serve him , and consequently to peace & living peaceably with them . iv. of affinity to this were many other bonds of regularity , frequently renewed & generally imposed , and that with unparalelled illegality & rigour ; sometimes by hosts of savage highlanders ; sometimes by circuit-courts , and by heretors upon their tenants , and with such unheard of involvements , that the master or heretor was obliged for himself , his wife , children , servants , tenants , and all under him , to live orderly : which in some was more bluntly expressed , in others more flatly explained , that they should keep the publick ordinances , that is , hear the curats , and not go to any seditious conventicles ( so they called the persecuted meetings of the lords people for the worship of god ) and in others yet more impudently exacted , that they should not harbour , intertain , or correspond with any that went to these meetings , but discover and assist to the apprehending of them . there were several forms of them from time to time , some longer some shorter ; but all of them , first & last , were to the same sense & scope . and the most favourably worded had much wickedness in them : for . . they are covenants of order , and coming under the same rule with themselves , which is nothing but their lusts & mischiefs framed into law , not according to the rule of the word of god , but the iniquious laws of men . . they could not be taken in truth , judgement , & righteousness : for either they were ambiguous , or their plain sense obliged to manifest iniquities , to conforme with all their enacted corruptions . . they are clear breaches of covenant , which obliges to another kind of orderlyness , and to follow other rules , and take none from them in the matters of god. . they are impossible , and absurd ; obliging masters to bind for all under them , that could neither lye in their power , nor in their duty , to restrain their liberty in these lawful things , and to constrain & compell their consciences to sin . . they are unnatural & cruel , obliging the takers to partake with them in their persecution of the godly . . they were engagments to hear curats , which is proved to be sin head . throughout . . they were engagments to withdraw from the meetings of the lords people , proved to be duty . head . yet the oath of abjuration is some way equivalent to this , in that it obliges the abjurers to renounce disorderlyness in their sense , and to do no harm to the timeserving orderly clergy or laity , serving & prosecuting their wicked orders . v. some other bonds of that nature , and oaths frequently put to suffering people when taken prisoners , did require peaceableness & orderlyness , in this style , that they should either tacitely or expressly condemn some risings in armes , as at pentland , bothwel &c. to be rebellion against the king , and a sin against god , & engage never to rise in armes against the king , or any commissionate by him , upon any pretence whatsoever . the iniquity whereof is manifest : for . this is a covenant equivalent to a league offensive & defensive with them , obliging never to offend or oppose them , not to defend nor rescue our brethren against & from their murdering violence . . this could not be taken in truth , judgement , & righteousness : for , who can tell how far that may extend , upon any pretence whatsoever ? this may oblige us to make a stupid surrender of our lives , when the king turns so tyrannical as to send his cut-throats to demand them , or authorizes his bloody papists to massacre us , them we must not resist upon this pretence . . it is contrary to our covenants , that allow resistance in some cases , and oblige to assist & defend all that enter under the bond thereof . . this infers an ouning of the present authority , as the irresistible ordinance of god , and an obligation of living peaceably in subjection under it ; disproved above : to which i shall adde a part of that forecited letter of mr rutherfoords the . in number of the third part of his printed letters , which are a clear vindication of the principles & practice of our consciencious sufferers on this point [ there is a promise & real purpose ( saith he ) to live peaceably under the kings authority ; but ( ) yow do not so answer candidly & imgenuously the mind of the rulers , who to your knowledge mean a far other thing by authority than yow do ; for yow mean his just authority , his authority in the lord — in the maintenance of true religion , as in the covenant , & confession of faith — is expressed from the word of god ; they mean his supreme authority & absolute prerogative above laws , as their acts clear and as their practice is , for they refused to such as were unwilling to subscribe their bond , to adde , authority in the lord , or just & lawful authority , or authority as it is expressed in the covenant ; but this draught of a petition yeelds the sense & meaning to them , which they crave . ( ) that authority for which they contend , is exclusive of the sworn covenant ; so that except ye had said , ye shall be subject to the kings authority in the lord , or according to the sworn covenant , yow say nothing to the point in hand , & that sure is not your meaning ( ) whoever promises so much of peaceable living under his maj. authority , leaveing out the exposition of the . command — may upon the very same ground subscribe the bond refused by the godly , and so yow pass from the covenant , and make all these bypast actings of this kirk & state these years by-past to be horrid rebellion , and how deep this guilt drawes consider . . this would infer , though the king should send and kill us , we must not resist , nor defend our oun lives : yet being an oath against the sixth command , which enjoineth natural self preservation , it should be intrinsecally sinful ; and it s all one to swear to non-preservation of self , as to swear to self murder . . i hope to make it appear in the . head , that this is against the practice of nations , the law of nature , and the word of god. yet all this complex iniquity is clearly comprehended in the oath of abjuration , in terminis ab●uring all war against the king. vi. there were some other oaths , frequently obtruded upon people , for refusing which they have suffered great cruelties , that can hardly be described by any name , nor can their imposition have a paralel in any age or place , for illegaltty , inhumanity , arbitrariness , & odiousness . these were the oaths of inquisition or super inquirendis : whereby people were pressed to answer the inquisitors , according to all their knowledge of things , they were interrogate upon , and delate & discover intercommuned persons in their wanderings , or such whose names were in their porteous rolls &c. and power was given to single souldiers , to press these oaths upon whom they pleased . the iniquity of which is monstrous : for . . this was the worst kind of combination with these blood-hound , to abett & assist , them in their pursuing after the lords people : which is worse than to be bare consenters to such wickedness , or to be onlookers to their affliction in the day of their calamity , but like that sin charged upon edom , that they delivered up those of his that did remain in the day of distress obad. vers . . . for these that took oaths , obliged themselves to do all they could to deliver up the remnant that escaped ; and if they did not , no thanks to them , if they could not , their sin was in their willingness : if they would not , and yet swore would contribute their help towards it , by telling of all they knew , that was horrid perjury & false swearing . . this could be no wayes capable of the qualifications of an oath ; not only because the matter is wicked & unnatural , to discover may be the husband or children or nearest relations , to please men or save their oun life , which was a great tentation , and therefore in it there could be no delibaration in swearing : but also for the doubtful perplexity confounding the mind , that they either could not or durst not tell of all they knew , and yet sware to do it . . it is against the covenant , which obliges to discover malignant enemies , and assist our covenanting brethren , and not to discover them , and assist malignant enemies : which is a perfect inverting the fourth & sixth articles of the covenant . . it is contrary to clear precepts in scripture , to assist & defend our brethren , to make our shaddow as the night in the midst of the noon day , and hide the outcast , and bewray not him that wandereth isai. . . . the illegality of this imposition makes it very absurd , that every pitiful officer or souldier should be impowered to impose & exact oaths , and impannel & examine witnesses , about alledged criminals . yet the monstrousness of this oath serves to aggravate the oath of abjuration ; in that the abjurers do renounce their part of & disoune the declarers of that abjured declaration , and so do as much as from them is required , to give them up for a prey to their hunters ; yea they declare them murderers in that they abjure their declaration as asserting murder , and consequently they must be obliged to discover them to their acknowledged judges . vii . the abominable test comes next : which needs no other refutation , than to rehearse it : the substance whereof was , a solemn swearing , that they ouned & sincerely professed the true protestant religion , contained in the confession of faith , recorded in the first parl. of k. iaemes the — and that they would adhere thereunto all the dayes of their life — and never consent to any change or alteration contrary thereto — but renounce all doctrines , principles , practices , whether popish or fanatical , contrary thereto — and they swear that the king is the only supreme governour of this realme , over all persons in all causes , as well ecclesiastical as civil , — and promise to bear faith & true allegiance to the kings maj. his heirs & lawful successors , and to their power shall assist & defend all rights , jurisdictions , prerogatives — belonging to them — and affirme — it — unlawful for subjects upon pretence of reformation , or any other pretence whatsoever , to enter into covenants — or to convocate , conveen , or assemble — to treat , consult , or determine in any matter of state , civil or ecclesiastick , without his maj. special command — or to take up armes against the king , or these commissionate by him — and that there lies no obligation on them , from the national covenant , or solemn league & covenant — to endeavour any change or alteration in the government , either in church or state , as it is now established by the laws of the kingdom — and they shall never decline his maj. power & jurisdiction — and finally they swear , that this oath is given in the plain genuine sense & meaning of the words , without any equivocation , mental reservation , or any manner of evasion whatsoever — this is the complement of a wicked conspiracy , couching in its capicious bosome the complication of all their mischiefs , comprehending all & explaining all the former : which indeed cannot be taken with any equivocating evasion , that can escape either the stigma of nonsense & self contradiction , or the censure of atheisme & irreligion , or the sentence of divine vengeance against such baffling the name of god. the best sense that can be put upon it , is that which a poor sot expressed , when it was tendered to him , prefacing thus before he took it , lord have mercy upon my soul. for. . it is not consistent with itself : there being such contradictions between that confession of faith and the following part , that no man can reconcile : some whereof may be instanced as followes . ( ) in the . art. of that confession , entituled , of christs ascension it is said , that christ is the only head of the church & just lawgiver , in which honours & offices if man or angels presume to intrude themselves , we utterly detest & abhore them as blasphemous to our soveraign & supreme governour christ jesus ; and a litle before in that same article , it is said , this glory honour & prerogative he alone among the brethren shall possess : and in the . art. of the kirk , christ is the only head of the same kirk . and yet in the test the king is affirmed to be the only supreme in all causes ecclesiastical . ( ) in the . art. among good works are reckoned these , to obey superior powers and their charges ( not repugning to the commandment of god ) to save the lives of innocents , to repress tyranny , to defend the oppressed ; and among evil works these are qualified , to resist any that god hath placed in authority [ while they pass not over the bounds of their office ] and art. . it is confessed , that such as resist the supreme power , doing that which pertains to his charge , do resist gods ordinance — while the princes & rulers vigilantly travel in the execution of their office. and yet in the test , true allegiance is engaged into without any such limitations ; and it is affirmed to be unlawful , upon any pretence whatsoever , to convocate &c. or to take up armes against the king. ( ) in the . art. evil works are affirmed to be , not only those that expressly are done against gods commandment , but those also that , in matters of religion & worshipping of god , have no other assurance but the invention & opinion of men : and art. . among the notes of the true church , ecclesiastical discipline uprightly ministred , as gods word prescribes , whereby vice is repressed , and virtue nourished , is one : in art. . the voice of god and constitution of men are opposed . and yet in the test , they swear never to endeavour any change or alteration in the government of the church — as it is now established ; whereof many things must be altered , yea the whole forme & frame of it , if these propositions be true , as they are . ( ) in the test , they swear never to consent to any change or alteration , contrary to that confession , and that all principles & practices contrary thereto are popish & fanatical ( for so they divide them into one of these disjunctively ) then must all the following principles in their test be renounced as such ; seeing they are contrary to that confession in some propositions or articles ; and that the government established by that confession was presbyterian , and this established by the test is episcopal . . it comprehends all the former oaths & bonds , which are cleared above to be sinful . yet for as wicked as it is , it must be some way homologated by the oath of abjuration , excepting the contradiction that is in it : seeing all these oppositions against the king , sworn aginst in the test , are abjured & renounced in that oath of abjuration , in renouncing all declarations of war against the king ; for if any war can be undertaken against him , all these kinds of opposition must be allowed , that are in the test sworn against . viii . in the last place , i shall come to consider more particularly the oath of abjuration it self ; for refusing of which the sufferings were more severe ( being extended even to death or banishment ) though the words be more smooth than in any of the former , which are these i — do abjure , renounce , & disoune a late pretended declaration , affixed on several mer●at crosses &c. in so far as it declares war against the king , and assert it lawful to kill any that serve his maj. in church , state , army , or country . that the taking of this oath is a step of complyance , dishonourable to god , derogatory to the dayes testimony , contradictory to the many reiterated confessions of christs worthy ( though poor & despised ) witnesses , sealed by their blood , bonds , & banishments , encouraging & gratifying to the enemies of god , hardening to backsliding brethren , offensive to the generation of the righteous , stumbling to all , leaving a stain & sting upon the conscience of the subscriber , i shall endeavour to make out by these considerations . . considering the party who imposed it ; it must be looked upon as a confederacy with them , being tendered upon all the subjects , as a test of their incorporating themselves with and declaring themselves for their head , and syding with them & him , in this their contest & contention with a poor remnant of the lords people , persecuted & murdered by them for truth & conscience sake , who issued forth that declaration against them , here abjured . therefore let the party be considered , imposing the oath with such rigour , and prosecuting the refusers with ravenous rage , murdering & torturing all who did not comply with them , declaring a ware more formally & explicitely against christ as king , and all that will dare to assert their allegiance to him , under an open displayed banner of defyance of him & his , than ever mortals durst espouse & avouch : the head of that treacherous & truculent faction , both he who was first declared against in that declaration , and he who hath by bloody & treacherous usurpation succeeded to him , being such a monster for murder & mischief , tyranny , oppression & perfidy , that among all the nimrods & nero's that past ages can recount , we cannot find a paralel , by all law divine & humane incapable of government , or any trust , or so much as protection , or any priviledge , but to be pursued by all as a common enemy to mankind : and his underlings , agents & complices , devoted to his lust , & serving his wicked designs , in their respective offices & places of trust under him , which by his nomination & sole appointment they have been erected to , & established in , with the stain & indelible character of perjurie , the only qualification of their being capable of any advancement , occupying by usurpation intrusion & violence the publick places of judicatories , and carrying all so insolently & arbitrarly , and with an effrontry of wickedness & despight of all reason , religion , or justice , that they cannot but be looked upon as the most pestilent & pestiferous plague that ever pestered a people : the taking then of this oath , by them projected as a pest to infect consciences with , and pervert them to wicked truth-deserting & law-perverting loyaltie , and imposed as a test of complyance with them , and coming off from that litle flock whom they design to devour & destinate to destruction ; must be in their oun esteem , as well as of the generation of the righteous , to their satisfaction and the others sorrow , a real incorporating with them , an ouning of their usurped power as judges to administer oaths , giving them all obedience they required for the time to their authority , and all the security they demanded for the subscribers loyaltie , an approving of all their proceedings in that matter , and transacting , tampering , & bargaining with these sons of belial , out of fear : whereby a right is purchased to that common badge of their ouned & professed friends , who ( upon taking that oath ) had from them a priviledge & allowance to travel & traffique ( where and how they will ) through the country , denyed to all other that wanted that badge ; i mean the pass or testificate they got from them thereupon , which was the mark of that secular beast of tyrannie , no less pernicious to the world than poperie hath been to the church ; and which was given to all the takers of that oath , as a mark of tessera that they were no enemies to the government , as they call it . o base and unworthy liverie , for the suffering sons of zion to put on the signature of the society of her devourers . hence , if covenants & confederacies , declaring we are on their side , cannot be made with the enemies of religion , then this oath could not be taken lawfully : but the former is proved above : ergo the latter followes . this will yet more appear . . if we consider the party that set forth that declaration , whom the proclamation against it represent so odiously & invidiously whom the oath imposed obliges us to condemn ; being so represented , as if they were maintainers of murdering principles , and perpetators of assassinating villanies , inconsistent with peace or any good government , and therefore to be exterminated & destroyed out of the land , whom therefore they prosecute & persecute so cruelly to the effusion of their blood , under colour of law. . the takers of this oath must have formally , under their unhappy hand , disouned & renounced them , and all part or interest in them , or society or sympathie with them ; who yet are known to be the suffering people of god , more earnestly contending , witnessing , wrestling for the faith & word of christs patience , and have suffered more for their adherance to the covenanted reformation of the church of scotland , and for their opposition to all its deformations & defections , than any party within the land : yet them have they rejected as their companions , though with some of them sometimes they have had sweet company & communion in the house of god , by abjuring & condemning their deed which duty & necessity drave them to . . hereby they have presumptuously taken upon them , to pass a judgement upon the deed of their brethren , before their murdering enemies ; and that not a private discretive judgement , but a publick definitive sentence ( in their capacity ) by the most solemn way of declaring it , that can be , by oath & subscription under their hand ; whereby they have condemned all the sufferings of their brethren , who sealed their testimony in opposition to this complyance with their blood , and finished it with honour & joy , as foolish & frivolous profusion of their oun blood , nay as just & legally inflicted & executed upon them , as being rebells , of murdering principles & practices : for this cannot be vindicated from a more than indirect justifying of all the murdering severity executed upon them . . and hereby they have unkindly and unchristianly listed themselves on the other side against them , and taken part rather with their enemies than with them ; for thus they used to plead for t it , when they pressed this oath upon them that scrupled it ; when any war is declared against the king , any of his maj. souldiers may question any man whom he is for , and if he be not for the king , he may act against him as an enemy , and if they will not declare for the king and disoune the rebells , they are to be reputed by all as enemies . which , whatever weakness be in the arguing , plainly discovers , that they take the abjuring of that declaration in that juncture , to be a mans declaring of what side he is for , and that he is not for the emitters of that declaration , but for the king and his party : which in the present state of affairs , is a most dreadful ouning of christs enemy , and disouning of his friends . hence , a disouning of the lords persecuted people , and condemning their practice , and an ouning of their persecuters and espousing their side of it , is a sinful confederacy : but the taking of this oath is such , as is evident by what is said : ergo it is a sinful confederacy . . considering the nature , conditions , & qualifications of so solemn & serious a peice of gods worship , and way of invocating his holy name , as an oath is : it will appear , that the taking of this imposed oath of abjuration , was a dreadful & heinous breach of the third command , by taking his name in vain , in the worst sort , and so cannot be holden guiltless . i prove it thus : an oath which cannot be taken in truth , judgement , & righteousness , is a breach of the third command : but this is an oath which cannot be taken in truth , judgement , & righteousness : which is evident ; for . . it cannot be taken by any consciencious man in truth , in sincerity of the heart , simplicity 〈…〉 mind , singleness & honesty in the intention , not puting any other sense than the imposer hath , and which is the clear sense of it sine juramento and extra . for , if he take it according to their meaning , then he should swear it unlawful ever to declare war against the king , and consequently never to rise in armes against him upon any pretence whatsoever : for , if we may rise in armes for our oun defence , we mak & must declare a defensive war. and indeed , in themselves as well as in their sense & meaning who imposed them , these two oaths , never to rise in armes against the king , and this of abjuration , are one and the same . then also should he swear it unlawful , at any time , upon any occasion , or for any cause , to kill any such as serve the king in church , state , army , or country , either in peace or war : for that is their thought , and sensus vel juramenti ipsius vel extra juramentum : and in part , for their exemption & immunity from all condign punishment , this oath was contrived . but in fine , how can this oath be taken in truth ; when it is not apparent , either that the declaring of a war against the king , or killing some for some causes ( which shall afterwards be made appear to be lawful ) that serve him , are to be abjured & disouned ? or that the declaration does assert any such thing ? and indeed it will be found to be a denying the truth , and a subscribing to a manifest falsehood , invoking god to be witness thereto . . this oath cannot be taken in iudgement , that is , with knowledge & deliberation &c. all the terms of it have much obscure ambiguity , declaring a war , and killing any who serve the king , may be constructed in several senses , good & bad , but here they are indefinitely expressed , and universally condemned . particularly that [ in so far as ] hath several faces , and can never be sworn in judgement ; for , if it denote a causality , and signify as much as quia or quatenus , then all declarations of war against any that have the name of king whatsoever , upon whatsoever grounds , and all killing of any serving him , though in our oun defence , must be universally condemned , for a quatenus ad omne valet consequentia : if it import a restriction , excluding other things in the declaration , but obliging to abjure only that ; then it implies also an affirmation , that these two things are contained in it , which will not appear to the judgement of them that will seriously ponder the declaration it self : if again it be a supposition or condition , and to be interpreted for if so be , then all that the judgement can make of it is that it is uncertain , and so the conscience dare not invoke god as a witness of that which is uncertain whether it be a truth or a lie . . this oath could not be taken in righteousness : for the matter is not true , certainly known , lawful , possible , weighty , necessary , useful , & worthy : it is not true , that the declaration imports so far as as it is represented in the oath of abjuration : neither is it certainly known , but by collating these two together the contrary will appear : neither is it lawful ( if it were true that such assertions were in it ) to abjure all declarations of war against the king , and to swear it unlawful ever to kill any if he be once in the kings service , in church , state ; army , or country : nor is it possible to reduce this assertory oath into a promissory one lawfully , as most part of such oaths may & do necessarely imply ; for when i swear such a thing unlawful , it implies my promise , by virtue of the same oath , never to practise it ; but it is not possible ( as the case stands ) for a man to bind up himself in every case from all declared war against the king , or from killing some imployed in his service ; what if there be a necessary call to joine in armes with the lords people , for the defence of their religion , lives , & liberties , against him ? what if he command a massacre ? shall not a man defend himself ? nor endeavour to kill none of that murdering crew , because they are in his service ? was ever a fool so fettered ? nor is it of such weight , as to be the occasion of involving the whole country in perjury or persecution , as by that oath was done : nor was it necessary , in this mans time , to make all abjure a declaration out of date , when the object of it charles the second was dead , and no visible party actually in armes to prosecute it ; nor was it ever of any use or worth , except it were implicitely to gratify their greedy lusting after the blood of innocents , or the blood of silly souls cheated by their snares , by involving them in the same sin of perjury & conscience-debauching false-swearing , whereof they themselves are so heinously guilty . but let them , and such as have taken that oath , and not fled to christ for a sanctuary , lay to heart the doom of false swearrers , the flying roll of the curse of god shall enter into their house zech. . . love no false oath for all these are things that i hate saith the lord zech. . . the lord will be a swift witness against false swearers mal. . . and let them sist their conscience before the word , and set the word to the conscience , and these considerations will have some weight . . if we consider this particular oath it self , aud the words of it more narrowlie , we shall find a complication of iniquities in it , by examining the sense of them as the imposers expound them . . not only that declaration , but all such in so far as they declare & assert such things , are here renounced ; and hereby many honest & faithful declarations are disouned , that declare the same things . it is indeed pleaded by some , that profess to be presbyterians , as it was also pretended by some of the pressers of the oath themselves , but in order to pervert & cheat the conscience ; that here is not required a disouning of the apologetical declaration simpliciter , but only secundum quid , or rather of a pretended one of their supposing , in so far as it imports such things : but this is frivolous , for that pretended one is intended by the imposers to be the real apologetical declaration , which they will have to be disouned , and cannot be distinguished from it : and though all these assertions cannot be fastened upon that apologetical declaration , but it is evident that it is invidiously misr●presented ; yet that same is the pretended one which they require to be abjured in so far as it asserts such things , which it does not : and if it be secundum quid to be disouned , then that must either be secundum that assertion of killing any &c. which is not to be found in it , and so it is not to be disouned at all ; or it must be secundum the declaration of war against the king ; and so that quid or formal reason of disouning it , will oblige to disoune all declarations of war against the king , which cannot be disouned . others again object , that it is not required to be disouned formally , but only conditionally , taking & confounding in so far for if so be : but to any thinking man it is plain , this cannot be a supposition , nor yet a simple restriction ( as they would give it out ) but an assertion that such things are indeed imported in it ; for so the imposers think & say : and if it might pass current under that notion , as a supposition , being equivalent to if so be , then under that sophistical pretext , i might renounce the covenant , or the most indisputed confession or declaration that ever was , in so far as it contained such things ; and so this equivocation might elude all testimonies whatsoever , and justify all prevarications . . this must condemn all defensive wai of subjects against their oppressing rulers , in that a declaration is abjured in so far as it declares war against the king : to press & perswade people to which , it was usually urged by the imposers , that when a war is declared by rebells against the king , then all the subjects are obliged to disoune the rebells , or else be repute for such themselves : and , when it was alledged the war was ceased , because the object declared against was ceased , charles the second being dead , otherwise if a man be obliged to give his opinion about a war declared against a king deceased & gone , then by the same parity of reason he must be obliged to give his opinion of that war of the lords of the congregation ( as they were called ) against queen mary in the begining of the reformation ; it was still replyed by them , that the rebellion continued , and all were guilty of it that did not abjure that declaration : whence it is evident , they mean that every thing which they call rebellion must be disouned , and consequently all resistence of superiors upon any pretence whatsoever , as many of their acts explain it : yea and it was plainly told by some of them , to some that scrupled to rake the oath because they said they did not understand it , that the meaning was to swear never to rise in armes against the king. against this it hath been objected by several , that this was alwayes denied by presbyterians , that ever they declared war against the king , but only for defence of their lives & liberties , never agai●st the king expressy , purposedly , & designedly , but only against him per accidens when he happened to be the adverse party : but this distinction will not be a salvo to the conscience ; for the object declared against , is either a king or not ; if he be not , then a declaration of war against him is not to be abjured ; if he be king , then he is either declared against as king qua rex & perse , or as an oppressor , or an abuser of his power ; the first indeed is to be disouned , for a king as king or lawful magistrate must not be resisted rom. . . but the second , to declare war against a king as an oppressor and abuser of his power and subverter of the laws , hath been ouned by our church & state many a time , and they have opposed & declared war as purposedly against him as he did against them , and as really & formally as he was an oppres●or : sure he cannot be an oppressor only per accidens , nor does he declare war against the subjects only pes accidens : however this hath been ouned alwayes by presbyterians , that war may be declared against him who is called king. and therefore to abjure a declaration in so far as it declares war against the king , will condemn not only that declaration upon the heads wherein its honesty & faithfulness chiefly consists , but all other most honest & honourable declarations , that have been made & emitted by our worthy & renouned ancestors , and by our worthies in our oun time , who have formally , avowedly , & explicitely , or expressly , purposedly , & designedly declared their opposition to tyranny & tyrants , and their lawful & laudable designs to repress , depress , & suppress them , by all the wayes & means , that god , & nature , and the laws of nations allow , when they did ipso jure depose & exauctorate themselves from all rule , or priviledge , or prerogative of rulers , and became no more gods ministers but beelzebubs vicegerents , and monsters to be exterminated out of the society of mankind . the honestest of all our declarations of defensive war , have alwayes run in this strain ; and others , insinuating more preposterous loayltie , have been justly taxed for asserting the interest of the tyrant , the greatest enemy of the declarers , and principal object of the declared war ; which disingenuous jugling & foysting in such flattering & falsifying distinctions in the state of the quarrel , hath rationally been thought one of the procuring causes or occasions of the discomfiture of our former appearances , for the work of god & liberties of our country , . this must infer an ouning of his authority as lawful king ; when the declaration disouning him is abjured in so far as it declares war against his majestie , for in this oath he is styled and asserted to be king , and to have the majestie of a lawful king , and therefore must be ouned as such by all that take it : which yet i have proved to be sinful above head. . against this it hath been quibbled by some , that that declaration does not declare war against the king expresly as king , but only against charles stewart , by them declared to be no king who set forth the declaration . but this will not salve the matter ; for then ( ) it is a subscribing to a lie , in abjuring a declaration in so far as it did declare a thing , which it did not , if that hold . ( ) the enemies impose the abjuring & disouning of it , in so far as it declares war against their king , who had none other but charles stewart at that time , who was the king in their sense ; and an oath cannot be taken in any other sense , contradictory to the imposers , even though by them allowed , without an unjustifiable equivocation . ( ) though he had been king , and had not committed such acts of tyranny as might actually denominate him a tyrant , & forefeit his kingship ; yet to repress his illegal arbitrariness & intollerable enormities , and to repel his unjust violence , and reduce him to good order , subjects , at least for their oun defence , may declare a war expresly , purposedly & designedly against their oun acknowledged king : this ought not in so far to be disouned ; for then all our declarations emitted , during the whole time of prosecuting the reformation , in opposition to our king : would be disouned : and so with one dash unhappily the whole work of reformation , and the way of carrying it on , is hereby tacitely & consequentially reflected upon & reproached , if not disouned . . it must infer an ouning of the ecclesiastical supremacy , when it asserts that some do serve the king in church as well as in state : there is no distinction here , but they are said to serve him the same way in both . and it is certain they mean so , and have expressed so much in their acts , that church men are as subordinate , and the same way subject to the kings supremacy , as statsmen are . the absurdity & blasphemy of which , is discovered above . . this condemns all killing of any that serve the king , in church , state , army , or country : for a declaration is abjured in so far as it asserts it lawful to kill any such ; and so by this oath , there is an impunity secured for his idolatrous priests , and murdering varlets , that serve him in the church ; for his bloody councellors , and gouned murderers , that serve his tyrannical designs in the state ; for his bloody lictors & executioners , the sword men , that serve him in the army , whom he may send when he pleases to murder us ; and for his bloody iust-asses , informers , & intelligencing sycophants , the ziphites , that serve him in the country : all these must escape bringing to con●ign punishment , contrary to the . art. of the solemn league & covenant , and shall be confuted head. . against this it is excepted by the pleaders for this oath , that it is only a declared abhoring of murdering principles , which no christian dare refuse ; and it may be taken in this sense safly , that it is to be abjured in so far as it asserts it lawful to kill all that are to be imployed by his maj. or any because so imployed , in church , state , army , or country ; which never any did assert was law-ful : but though murdering principles are indeed alwayes to be declaredly abhorred , and all refusers of that oath did both declare so much , and abhorred the thoughts of them ; yet this evasion is naught , for ( ) the declaration asserts no such thing , neither for that cause nor for any other , but expressly makes a distinction , between persons under the epithet of bloody cruel murderers , and these only whom it threateneth to animadvert upon . ( ) the only reason of their declared intent of prosecuting these , whom they threaten to bring to conding punishment , was because they were so imployed by the tyrant in such service , as shedding the blood of innocents , murdering people where they met them ; and so that 's the very reason for which they deserve to be killed , and therefore foolish , impertinent , and very absurd to be alledged , as a qualification of the sense of that impious oath . . if we consider the proclamation enjoining this oath , and narrating and explaining the occasions & causes of it , all these reasons against it will be confirmed ; and it will further appear , that the proclamation it self is indirectly approved . for though it might be sustained : in the abstract , that we may & must renounce such declarations founded on principles inconsistent with government , and bearing such inferences as are specified in that proclamation : yet complexly considering what they mean by government , and what sort of societie that is , the security whereof is said to be infringed by that declaration , and what is the scope of that narrative ; a renouncing of a paper contradictory thereto , must be in so far a tacite approbation of that proclamation . for that oath which renounceth what is contrary to such a proclamation , does justify the proclamation : but this oath renounces what is contrary to the proclamation , and that only : ergo it justifies the proclamation . it is entituled , as it was really designed , for discovering such as oune or will not disoune the foresaid declaration , by them falsely nicknamed , a late treasonable declaration of war against his majestie , and the horrid principle of assassination . and the body of it discovers such hell-bred hatred of & malice against that poor party , destinated in their design to final & total destruction , and layes doun such contrivances for their discovery and ruin , that the heads & hearts of the inventors & authors may seem to be possessed & inspired with the devils immediatly assisting counsell , and the clerks pen that drew it up to have been dipt in the stygian lake and the gall & venome of hell : representing the emitters & abetters & spreaders of that declaration , and all who have been joined in any of their societies , and all who either will oune or scruple to disoune the said declaration , in the manner by them tendered & imposed , ( which are the generality of the most tender & consciencious christians in the land ) under all the vilest & most abominable & odious terms , their malice could invent ; as if they were insolent & desperate rebells , associated under a pretended forme of government , who had formerly endeavoured to disguise their bloody & execrable principles , but now had pulled off the mask , and who think it a duty to kill & murder all who do any manner of way serve the present rulers , or bear charge under them ; who maintain principles inconsistent with all government & society , and tending to the destruction of the lives of their loyal & honest subjects ; treacherous & assassinating principles &c. who now have declared their hellish intentions , and for the better performance of their mischievons designs , do lurk in secret , and are never discerned but in the acts of their horrid assassinations , and passing up & doun among the kings loyal subjects , take opportunity to murder & assassinate , like execrable rebells ; and calling that declaration , an execrable & damnable paper &c. all which are execrable & damnable lies , and forgeries of the father of them , and a charge which all their sophistrie can never make out in any particular : yet by them amplified to a swelling hight of heinousness ; and among other circumstances , aggravated from their frequent refusing the reiterated offers of their clemency , by which they understand their contempt of their presumptuous , christ-defying , and church-destroying indulgences , and their not submitting to their insnaring & base indemnities , or their conscience-cheating bonds & oaths by them so finely busked . from these impudently pretended premises , in their falsly forged viperous narative , they lay doun their bloody methods & measurs for prosecuting that poor people , with all rigour of savage severity ; ordaining , that whosoever shall oune that declaration , and the principles therein specified ( which is a lager dilatation of their meaning , than their pretended restriction [ in so far as &c. ] and gives a further discovery of the intent of the oath , that gives a covert stroke to all the principles of our reformation which are reductively specified in that declaration ) or whosoever shall refuse to disoune the same — shall be execute to the death ; and commanding all subjects to concur , and do their utmost endeavour , to seek , search , delate , & apprehend all such , under the severest penalties of the laws ; and to difference the good from the bad ( meaning their oun associates & friends , from christs followers ) by discriminating signs , declaring it their pleasure , and requiring all past the age of sixteen years , not to presume to travel without testificates of , their loyaltie & good principles , by taking the oath of abjuration ; whereupon they are to have a testificate which is to serve for a free pass , with certification to all that shall adventure to travel without such a testificate , shall be holden & used as concurrers with the said rebells ; commanding all heretors &c. to give up the lists of the names of all under them , before the curate ; declaring , if any shall refuse to concur in such service , shall be holden as guilty of the foresaid crimes & punished accordingly ; and strictly prohibiting , all to harbour , lodge , or intertain any , unless they have such certificates under the same pain ; and for encouragment to any that shall discover or apprehend any to be found guilty as above said , ensuring to them the sum of merks scots for each of them . this is that hell-hatcht proclamation , so grievous for its effects , so dreadful for its designs , so monstrous for its absurdities , that the like hath not been seen : whereby not only the countries interest & trade hath been prejudged , by compelling all to have a pass in time of peace , and these to be procured at exorbitant rates , oppressing poor people ; not only common hostlers & inn-keepers are made judges , impowered to impose oaths upon passengers for their passes , that they be not forged ; but many consciences coozened , cheated , wounded , & insnared , and the whole land involved in sin . but they that took this oath have approved & justified this detestable , execrable , bloody proclamation , the supurious spawn of the devills venome against christ followers : for , they gave all the obedience to it that was required of them in their capacity , and obedience justifies the law enjoining it : they have done all was required , or could be done by them , to answer the design of it in their circumstances ; and consequently by doing the thing prescribed , they have justified the grounds upon which the prescript was founded , and the methods by which it was prosecuted , which hath a dreadful medley of iniquitie in it . hence ( ) they have subscribed to all these odious characters wherewith they branded that poor persecuted party , and have condemned them as insolent , desperate rebells , murderers , bloody assassins &c. ( ) in disouning that declaration , they have disouned the principles therein specified , and consequently all the testimonie against this usurping faction of overturners of the work of reformation , active & passive , that have been given & sealed by the eminent servants of god , since this catastrophe , the principle of defensive armes , and our covenants , and several others which are therein specified . ( ) they have given their consent to all the concurrence there required , for seeking , searching , delating , & apprehending of these people , and to all the cruel villanies committed against them . ( ) they have taken on their prescribed discriminating sign of loyaltie , and of being repute by them men of good principles , that is , their friends , men for the times : which is so sinful & scandalous , that it is shameful to hint at them , and yet shameful to hide them . . if we consider the apologetical declaration it self , which is so bespattered , and so odiously represented , and so rigorously enjoined to be abjured ; who will more narrowly look into it , and ponder & perpend the purpose & scope of it , will see nothing that can be abjured conscienciously in it , but the whole of it , laying aside prejudice & invidious critical censoriousness , capable of a fair & acceptable construction . the motives leading them to set it forth , being only their desires and just endeavoures to prosecute , and secure themselves in the prosecution of , holy commanded duties , and to keep a standing testimony , against the insolencie of those that are given up of god , to lay out themselves in promoving a course of profanity & persecution , notwithstanding of all their viperous threatenings . their measures being none other , than the commendable precedents & examples of zealous & tender hearted christians , who have done the like , and our national and solemn covenants , lying with their binding force indispensable upon all of us , and obliging us to endeavour all that 's there declared , as being bound for ever to have common friends & foes with our covenanted reformation , to all which they declare & avouch their resolved adherence , and their oun former declarations , disouning their allegiance to , & authority of a man who had ipso jure forfeited all authority , by his intollerable tyrannie , perjurie , & perfidious breach of trust , reposed & devolved upon him by covenant , and by his overturning all the fundamental constitutions of the government , perverting , inverting , & everting all laws , all liberties all priviledges of church & state , all establishments of our covenanted work of reformation , all securities of our life and enjoyments whatsoever , usurping to himself an absolute tyrannical civil supremacy , inconsistent with the safety or freedom of the people , and a monstrous blasphemous ecclesiastical supremacy ; upon which considerations , to endeavour to make good their freedom & emancipation from that yoke which they had cast off , they behoved to resolve upon defensive resistence , against him and his bloody emissaries ; which war being declared before , they only in this declaration testified their unanimous approbation of ▪ adherence to , and resolutions for prosecuting the same , against him & his accomplices , such as lay out themselves to promove his wicked & hellish designs : by which war they do not mean a formed stated & declared insurection with hostile force , to break the peace of the nation , and involve all in blood , but a resolved avowed constant opposition to the murdering violence , injustice , oppression , & persecution of this wicked faction , now raging rather than reigning , who have declared & still prosecute a declared war against christ , bearing doun his work & interest in the land ; and a constant endeavour , in opposition to them , to pursue the ends of our covenants , in standing to the defence of the glorious work of reformation , and their oun lives ; and in the defence thereof , to maintain the cause & interest of christ against his enemies , and to hold up the standard of our lord jesus christ , ( meaning the gospel & the word of our testimony , ) whereunto they looked upon themselves as bound & obliged by their holy covenants , being therein dedicated to the lord in their persons , lives , liberties , & fortunes , for defending & promoving this glorious work of reformation , notwithstanding of all opposition , that is or may be made thereunto , and sworn against all neutrality & indifferency in the lords matters : whereunto they beseech , invite , & obtest , all them who wish well to zion to a concurrence & concerting the same cause & quarrel . in maintaining of which opposition against such wicked enemies , because by them they were restlessly pursued and hunted , and murdered wherever they were found , neither could find any harbour or hiding place in any corner of the country , for searchers , informers , & justigators , who still stirred up the country to raise the hue & crye after them , and caused them to be delivered up , and del●ted them to the courts of their murdering enemies , whereby much innocent blood was shed ; therefore , to stop their career of violence , and deter them from such courses , they found it necessary to threaten them with more active & vigorous opposition , and that they might expect to be treated as they deserved . wherein they are far from ouning assassinating principles , or practising assassinations ; for they give only open & plain warning , and advertisement to the world , of their necessitated endeavours to defend themselves , and prevent the murder of their brethren : and can no way be charged , with asserting it lawful , to kill all employed in the kings service in church , state , army , or country , as the proclamation in viperous invective calumny misrepresents the declaration , but on the contrary do jointly & unanimously declare , they detest & abhor that hellish principle of killing such as differ in judgement from them , and they are firmly & really purposed , not to injure or offend any whomsoever , but such as are directly guilty of , or accessory to the murder of their brethren : whom yet they mind not to assassinate or kill tumultuarly , but to prosecute them with all the legal formalities , that justice in their capacity , and the times disorder & distracted condition , will allow ; expressly declaring , that they abhor , condemn , & discharge all personall attempts upon any pretext whatsomever , without previous deliberations , common consent , certain probation of sufficient witnesses , or the guilty persons confession . neither could it ever be supposed , that they threaten all imployed in the kings service with this sort of handling , but some select & expressly distinguished kind of notorious villains , men of death & blood , openly avowing & vaunting of their murders : and these they distinguished into several classes , according to the respective aggravations of their wickedness : in the first , they place those that murder by command , under pretext of an usurped authority , as councellours , justiciary , & officers of their forces , or bands of robbers & not all nor any of these neither but the cruel & bloody . in the second class , they threaten such as are actually in armes against them of an inferior rank ; and such gentlemen , and bishops , & curats , as do professedly & willingly serve them to accomplish & effectuate their murders , by obeying their commands , making searth for these poor men , delivering them up , instigating , informing , and witnessing against & hunting after them : & not all these neither , but such as cruelly prosecute that service , to the effussion of their blood . neither do they threaten all equally , nor any of them peremptorly , but that continuing after the publication of this their declaration obstinately & habitually in these courses ( plainly declaring they intended no hurt to them if they would hold up their hands ) they would repute them as enemies to god & the reformation , and punish them as such , according to their power , and the degree of their offence ; withall leaving room for civil & ecclesiastical satisfaction , before lawful & settled judicatories , for the offences of such persons , as their power may not reach &c. and as unwilling to be necessitated to such severe courses , and earnestly desirous they be prevented , they admonish them with sorrow & seriousness , of the sin & hazard of their wicked courses ; and protest , that only necessity of self preservation , and zeal to religion , lest it should be totally rooted out by their insolency , did drive them to this threatening declaration , and not because they ▪ were acted by any sinful spirit of revange . this is all that is contained in that declaration . and if here be any thing there so odious & execrable , to be so solemnly abjured , renounced , & abhorred in the persence of god , for the pleasure of and in obedience to the will of his & our enemies , let all unbyassed considerers impartially weigh , or any awakened conscience speak , and i doubt not but the swearing & subscribing this oath will be cast & condemned . i shall say nothing of the necessity , or conveniency , or expediency , or formality of this declaration : but the lawfulness of the matter complexely taken is so undeniable , that it cannot be renounced without condemning many very material principles of our reformation : only success & incapacity is wanting to justify the manner , whole proceedure , formality , and all the circumstances of the business ; if either the declarers themselves , or any other i● powered with strength and countenanced with success to make good the undertaking , had issued out such a declaration in the same terms , and had prevailed & prospered in the project , many that have now abjured it would approve & applaud it . but passing these things that are extrinsick to the consideration in hand , it is the matter that they required to be abjured & condemned , it is that the enemies quarrelled at , and not the inexpediency or informalities of it : and it must be taken as they propound it , and abjured & renounced by oath as they represent it : and therefore the iniquity of this subscription will appear to be great , in two respects : first in denying the truth : secondly in subscribing to , & swearing a lie. . they that have taken that oath have denied & renounced the matter of that declaration ; which is truth & duty , and a testimony to the cause of christ , as it is this day stated & circumstantiate in the nation , founded upon former ( among us uncontroverted ) precedents & principles of defensive wars , disouning tyranny , & repressing the insolency of tyrants & their accomplices ; the whole matter being reducible to these two points , declaring a resolved endeavour of breaking the tyrants yoke from off our neck , thereby asserting our oun & the posterities liberty & freedom from his insupportable & entailed slavery ; and a just threatening to curb & restrain the insolency of murderers , or to bring them to condign punishment : whereof as the first is no wayes repugnant , but very consonant to the third article ; so the second is the very duty obliged unto in the fourth article of our solemn league & covenant . but all this they have denied by taking that oath . . by taking that oath , they have sworn & subscribed to a lie , taking it as they represent it , abjuring it in so far as it declares &c. & asserts it is lawful to kill all imployed in the service of the king , in church , state , army , or country : which is a manifest lie , for it asserts no such thing . neither will any other sense put upon the words in so far as salve the matter ; for as thereby the takers of the oath shall deal deceitfully , in frustrating the end of the oath , and the design of the tenderers thereof ; and to take an oath quatenus , eatenus , in so far , will not satisfie as voetius judgeth de pol. eccl. p. . so let them be taken which way they can , either for in quantum , or quatenus , or si modo , it is either a denying the truth , or subscribing a lie : and consequently , these poor people suffered for righteousness that refused it . head . iv. the sufferings of people for frequenting field meetings vindicated . hitherto the negative heads of sufferings have been vindicated : now follow the positive , founded upon positive duties , for doing , and not denying , and not promising & engaging to relinquish which , many have suffered severely . the first both in order of nature and of time , that which was first and last , and most frequently , most constantly , most universally , and most signally sealed by sufferings , was that which is the clearest of all , being in some respect the testimony of all ages , and which clears all the rest , being the rise & root , cause & occasion of all the rest ; to wit , the necessary duty of hearing the gospel , & following the pure & powerful faithfully dispensed ordinances of christ , banished out of the churches to private houses , and persecuted out of houses to the open fields , and there pursued & opposed , and sought to be suppressed , by all the fury & force , rigour & rage , cruelty & craft , policy & power , that ever wicked men , madded into a monstrous malice against the mediator christ and the coming of his kingdom , could contrive or exert : yet still followed & frequented , ouned & adhered to , by the lovers of christ & serious seekers of god , even when for the same they were killed all day long , and counted as sheep for the slaughter , and continually oppressed , harrassed , hunted , and cruelly handled , dragged to prisons , banished & sold for slaves , tortured , & murdered . and after , by their fraudulent favours of ensnaring indulgences & indemnities , and a continued tract of impositions & exactions , and many oaths & bonds , they had prevailed with many , and even the most part both of ministers & professors , to abandon that necessary duty ; and even when it was declared criminal by act of parliament , and interdicted under pain of death , to be found at any field meetings ; they nevertheless persisted in an undaunted endeavour , to keep up the standart of christ , in following the word of the lord wherever they could have it faithfully preached , though at the greatest of hazards : and so much the more , that it was prosecuted by the rage of enemies , and the reproach & oblequies of pretended friends , that had turned their back on the testimony , and preferred their oun ease & interests to the cause of christ ; and with the greater fervor , that the labourers in that work were few , and like to faint under so many difficulties . what the first occasion was that constrained them to go to the fields , is declared at length in the historical deduction of the testimony of the sixt period ; to wit , finding themselves bound in duty , to testifie their adherence to & continuance in their covenanted profession , their abhorrence of abjured prelacy , and their love & zeal to keep christ & his gospel in the land ; after they had undergone & endured many hazards & hardships , oppressions & persecutions , for meeting in the houses , where they were so easily attrapped , and with such difficulty could escape the hands of these cruel men ; they were forced to take the fields , though with the unavoidable inconveniences of all weathers without a shelter : yet proposing the advantages , both of conveniency for meeting in greater numbers , and of secrecie in the remote recesses of wild moors & mountains , and of safety in betaking themselves to inaccessible natural strengths , safest either for flight or resistence , and withal having occasion there to give a testimony for the reformation with greater freedom . and to this very day , though many have a pretended liberty to meet in houses , under the security of a mans promise whose principle is to keep no faith to hereeicks , and under the shelter & shadow of an antichristian toleration ; yet there is a poor people that are out of the compass of this favour , whom all these forementioned reasons do yet oblige to keep the fields , that is both for conveniency , secrecy , and safety ; they dare not trust those who are still thirsting insatiably after their blood , nor give them such advantages as they are seeking to prey upon them , by shuting themselves within houses ; and morover they take themselves to be called indispensably , in the present circumstances , to be as publick , or more than ever , in their testimony for the preached gospel , even in the open fields . now this would be a litle cleared : and to essay the same , i would offer first , some concessions . secondly some postulata or supposed grounds . thirdly some more special considerations which will conduce to clear the case . first , that we may more distinctly understand what is the duty here pleaded for , and what is that which these people suffer for , here vindicated ; let these concessions be premised . . now under the evangelical dispensation , there is no place more sacred than another , to which the worship of god is astricted , and which he hath chosen for his house & habitation , whither he will have his people to resort and attend , as under the legal & typical dispensation was ordered : there was a place where the lord caused his name to dwel deut. . , . but now , neither in the mountain nor at ierusalem the father will be worshipped , but every where and any where in spirit & in truth iohn . . , , . and the apostle wills that men pray every where , lifting up holy hands , without wrath & doubting tim. . . we abhor therefore the english & popish superstition of consecrated places , and assert that all are alike in this respect , houses or fields . . in the constitute case of the church , or when ever it can be obtained , order , decency & conveniency doth require that there be appointed places , sequestrate & appropriate for the meetings of the lords people , according to that general rule , let all things be done decently & in order cot. . ult . and in that case private conventicles , set up in a schismatical competition with publick churches , are not to be allowed . but even then , private meetings for prayer & conference , are necessary , lawful , & laudable . but now the church is broken by a crew of schismatical intruders , who have occupied the places of publick assemblies , and thrust out the lods ministers : it is these we scare at , and not the place . . suppose a magistrate should interdict & discharge the publik place of worship , and restrain from the churches , but leave all other places free to meet in ; or if he should prohibite the houses , but leave freedom for the fields ; or discharge the fields , and give liberty in houses ; in that case we would not contend for the place out of contempt : though it were duty then to witness against such a sacrilegious injury done to the church , in taking away their meeting places ; yet it were inexpedient to stickle & strive for one spot , if we might have another : then when only excluded out of a place , and not included or concluded and restricted to other places , nor otherwise robbed of the churches priviledges , we might go to houses when shut out of churches , and go to fields when shut out of houses , and back again to houses when discharged thence . but this is not our case , for we are either interdicted of all places ; or if allowed any , it is under such confinements as are inconsistent with the freedom of the gospel ; and besides , we have to do with one from whom we can take no orders to determine our meetings ; nor can we acknowledge our liberty to depend on his authority , or favour , which we cannot oune nor trust , nor accept of any protection from him . neither is it the place of fields or houses , that we contend for ; nor is it that which he mainly opposes : but it is the freedom of the gospel faithfully preached , that we are seeking to promove & improve , and he is seeking to suppress . the contest betwixt him & us is the service of god in the gospel of his son , that we profess without ouning him for the liberty of its exercise : and therefore as an enemy to the matter & object of these religious exercises , which are the eye-sore of antichrist , he prosecutes with such rage the manner & circumstances thereof . . even in this case , when we are persecuted in one place we flee unto another , as the lord allowes & directs math. . . and if occasionally we find a house , either publick , or a church , or a private dwelling house that may be safe or convenient , or capacious of the numbers gathered , we think it indifferent to meet there or in the fields : but in the present circumstances , it is more for the conveniency of the people , and more congruous for the dayes testimony , to keep the fields in their meetings , even though it irritate the incensed enemies . which that it may appear . secondly , i shall offer some postulata or hypotheses to be considered , or endeavour to make them good , and infer from them the necessity & expediency of field meetings at this time in these circumstances : which consequently vindicate the sufferings that have been thereupon stated formerly , and are still continued . . it is necessary at all times that christians should meet together , whether they have ministers or not , and whether the magistrate allow it or not . the authority of god , their necessity , duty , & interest , makes it indispensable in all cases . it is necessary for their mutual help , two are better than one for if they fall the one will lift up his fellow , eccles. . , . it is necessary for their mutual encouragment in an evil day , to speak often one to another , which the lord hath promised to take special notice of mal. . , it is necessary for cherishing mutual love , which is the new commandment , and the badge of all christs disciples iohn . . , . a principle which they are all thaught of god. thess. . . it is necessary for nurissing union to communicate together , in order to their being of one mind & of one mouth , and that they receive one another rom. . , , . cor. . . standing fast in one spirit , striving together for the faith of the gospel phil. . . it is necessary for serving one another in love gal. . . bearing one anothers burdens , & so fulfilling the law of christ gal. . . submitting to one another ehphs. . . pet , . . teaching & admonishing one another col. . . comforting one another thess. . ult . edifying one another thess. . . exhorting one another heb. . . it is necessary for considering one another , & provoking unto love & to good works ; and for this end , they must not forsake the assembling of themselves together , as the manner of some is , for that were to sin wilfully heb. . , , . must these things depend on the magistrats allowance ? or can they be done without meeting together in private or publick ? the same reasons do alike conclude , for the necessity of both . if then there must be meetings for these ends necessary at all times , then when they cannot do it within door , they must do it without . . there is a necessity for meeting for preaching & h●aring the gospel ; the enjoyment whereof hath alwayes been the greatest design & desire of saints , who could not live without it ; therefore they loved the place where the lords honour dwelt psal. . . this was the one thing they desired of the lord , and that they would seek after , to behold the beauty of the lord psal. . . for this they panted , and their soul thirsted psal. . , . without which every land is but a thirsty land , where there is no water , where they cannot see the power & the glory of god as they have seen it in the sanctuary psal. . , . o how amiable are his tabernacles ? one day in his courts is better than a thousand else where psal. . , . no gladness to them like that of going to the house of the lord psal. . . a christian can not possibly live without gospel ordinances , no more than children can want the breasts , or the poor & needy want water when their tongue faileth for thirst ; they are promised it in high places , and in the wilderness , when they can get it no where else isai. . , . there is an innate desire in the saints after it , as new born habes they desire the sincere milk of the word pet. . . so that any that is offended with them for this , must be offended with them for being christians , for as such they must have the gospel cost what is will. it is the greatest desire of the spouse of christ , to know where he feeds and where to find the shepherds tents , where they may rest at noon cant. . , . and not only in their esteem is it necessary ; but in it self , the church cannot bear the want of it , for where there is no vision the people perish prov. . . and when there is no open vision , the word of the lord is then very precious sam. . . no wonder then that the lords people make such adoe for it , in a famine of it , that they go from sea to sea , to seek it amos . , . and that they are content to have it at any rate , though with the peril of their lives because of the sword of the wilderness lam. . . seeing they cannot live without it . would men be hindered by law , from seeking their natural food ? nay they would fight for it before they wanted it , against any that opposed them . if then they cannot get it with peace , they must have it with trouble : and if they cannot get it in houses , they must have it wherever it is to be found , with freedom , & the favour of god. . it is necessary that the meetings be as publik , as they can be with conveniencie & prudence ; yea simple hazard should no more hinder their publickness & solemnity , than their being at all . especially in an evil time , when wickedness is encouraged & established , and conformity thereto pressed , truth banished , and a witness for christ suppressed , corruption in doctrine , worship , discipline , & government connived at , countenanced , and advanced , the word of god is become a reproach , and men have no delight in it , apostacy is become universal , and both magistrats & ministers generally turned promoters of it , which is the true discription of our times : then the meetings of the lords people , that endeavour to keep clean garments , should be more frequent , publick , & avowed . the reasons are . . then the call of god , by his word & works , is more clamant , for publick & solemn humiliation . in order to avert publick imminent judgments and impendent stroks from god. it is not enough to reforme our selvs privately & personally , and to keep our selves pure from such courses by an abstraction & withdrawing from them as is proved head. . ( where this is improved as an argument against hearing the curats ) nor is it enough to admonish , exhort , reprove , & testify against such as are involved in these courses : but it is necessary , for them that would be approven , to adhere to the truth , and serve god after the right manner , and to mourn , sigh and cry for all the abominations of the time , so as to get the mark of mourners on their foreheads ezek. . . and they that do so , wil be found on the mountains like doves in the valleyes all of them mourning every one for his iniquity ezek. . . and not only to by humbled every family apart , but there must be a great mourning as the mourning of hadadrimmon in the valley of megiddon zech. . . to the end . that is a solemn publick mourning there promised . there must be a gathering themselves together , though a nation not desired , before the decree bring forth , before the day pass as the chaff , and the fierce anger of the lord come upon them , if they would have any possibility of their hiding zeph. . , , . the trumpet then must be blown in zion , to sanctify a fast , to call a solemn assembly , gather the people , sanctify the congregation , assemble the elders , gather the children — ioel. . , . as was exemplified in ezra's time , when there were great congregations of people assembled publickly , weeping very sore , then there was hope in israel ezra . . , . and when that messenger of the lord came up from gilgal to the people of israel , and reproved them for their defections & compliance with the canaanites , they had such a solemn day of humilation , that the place of their meeting got a name from it , they called the name of that place bochim , that is , weepers iudg. . , . and when the ark was at kirjath-jearim all the house of israel lamented after the lord — and they gathered together to mizpeh and drew water & poured it out before the lord sam. . , . i shew before , that there is reason to fear that the sins of a few , especially of magistrats & ministers , will bring wrath upon the whole body of the people , as is plain from these scriptures levit. . . isai. . , . lam. , . mic. . , . shewing the sins of ministers may procure universal destruction . and sam. . . king. . . ier. , . proving the sins of magistrats may procure it : and num. . , . iosh. . , . demonstrating that the sins of a party of the people , may draw wrath upon the whole . now the only way the scripture points out to evite & avert such publick judgments , is to make our resentment of these indignities done to our god , our mourning over them , and our witness against them , as publick as the sins are , at least as publick as we can get them , by a publick pleading for truth isai. . . for the defect whereof he hides his face , and wonders that there is no man , no intercessor vers . . that is none to plead with god , in behalf of his born doun truths : there must be in order to this , a publick seeking of truth , which if there be any found making conscience of , the lord makes a gracious overture to pardon the city ier. . . we cannot think there were no mourners in secret there , but there was no publick meeting for it , and publick ouning the duty of that day : there must be valour for the truth upon the earth ier. . . a publick & resolute ouning of truth : there must be a making up the hedge & standing in the gap for the land , that the lord should not destroy it ezek. . . a publick testimony in opposition to defection : there must be a pleading with our mother hos. . . which is spoken to private persons in the plural number commanding all that would consult their oun safety , publickly to condemn the sins of the whole nation , that they may escape the publick punishment thereof , as it is expounded in pool synops. critic . in locum . by this means we must endeavour to avert the wrath & anger of god , which must certainly be expected to go out against the land , which hath all the procuring causes , all the symptoms , prognosticks , & evidences of a land devoted to destruction , that ever a land had . if then there must be such publick mourning , and such solemn gathering for it , such public pleading for truth , seeking of truth , valour for truth , making up the hedge , and pleading with our mother , there must of necessity be publick meetings for it : for these things cannot be done in private , but must be done by way of testimony . which i make a . reason . the nature & end of meeting for gospel ordinances is for a publick testimony for christ and his truths & interest , against sin and all dishonours done to the son of god. so that the only end , is not only to bring to christ & build up souls in christ , but it is to testify also for the glory of christ , whether souls be brought in & built up or not . the preached gospel is not only the testimony of christ cor , . . but a testimony for christ ; in which sense , the testimony of iesus is said to be the spirit of prophesie revel . . . so called , durham expounds it , for its bearing witness to christ , in which respect ministers are often called witnesses . it is also the testimony of israel ( not only given to israel , but given by israel ) unto which the tribes go up , the tribes of the lord ps. . . whensoever therefore or howsoever the testimony of the church is contradicted , that 's not a lawful meeting of the tribes of the lord. it is also the testimony of the preachers for christ , against them that will not receive them , mark. . . and a witness unto all nations to whom they preach . math. . . and of all the witnesses that hold it & suffer for it rev. . . and the same which is the word of christs testimony , is the word of theirs rev , . . by which they overcome , & for which they love not their lives . wherever then the gospel is preached , it must be a testimony : but it cannot be a testimony , except it be publick , at least as publick as it can be , as we find all christs witnesses were in the old & new testaments . . the motive or principle prompting the lords people to a frequenting of gospel ordinances , is a publick spirit stirring up to a publick generation work , whereof this is the scope , to promote the kingdom of christ , and not only to obey the lords command enjoining the duty , to enjoy the lord the end thereof , or to edify their oun souls ; but to partake in & promote this great work of the day , for the glory of god and the churches good . for the gospel is not only a banner of love over his friends , but christs standart of war against his enemies isai. . . under which , all that countenance it , are called to list themselves as his souldiers called , & chosen , & faithful : and it is required of his souldiers , that they be valiant for the truth upon the earth , discovering a gallant greatness & generosity of a publick spirit , having their designs & desires not limited to their oun interests , even spiritual , but aiming at no less than christs publick glory , the churches publick good , the saints publick comfort , having a publick concern for all christs interests , publik sympathie for all christs friends , and a publick declared opposition to all christs enemies : this is a publick spirit , the true spirit of all christs zealous lovers & votaries : which , when he is a missing , will prompt them to go about the city , in the streets , and in the broad wayes , to seek him whom their soul loveth cant. . . and not only in their beds , or secret corners , but they must go to the streets , and to the fields , and avow their seeking of christ , even though the watchmen should smite them , & the keepers of the walls take their vails from them cant. . which obliges them not only to take him in to their oun cottages , and intertain him in their hearts , and give him a throne there , but also to endeavour to enlarge his dwelling , and propagate his courtly residence through the world , that the kingdoms of the earth may becom the kingdoms of the lord ; and if they cannot get that done , yet that he may have the throne in ●her mothers house , and take up his abode in the church , or nation they belong to , that there his ordinances be established in purity , peace , plenty , & power , according to his oun order ; and if that cannot be , but that their mother play the harlot , and he be provoked to give up house with her , and by her childrens treacherie the usurping enemy be invited in to his place & habitation , and take violent possession of it , and enact his extrusion & expulsion by law ; yet they will endeavour to secure a place for him among the remnant , that he may get a lodging among the afflicted & poor people that trust in the name of the lord — that they may feed & lie doun & none make them afraid zeph. . , . that the poor of the flock that wait on him may know that it is the word of the lord , zech. . . they will lay out themselves to strengthen their hands . this is the work of the publick spirited lovers of the gospel , which hath been and yet is the great work of this our day , to carry the gospel , and follow it , and keep it up through the land , as the standart of christ , against all opposition , from mountain to hill , when now zion hath been labouring to bring forth as a woman in travel , and made to go forth out of the city , and to dwell in the field mic. . . therefore seeing it is the publick work of the day , and all its followers must have such a publick spirit , it followes that the meetings to promote it must be as publick as is possible . . the interest & priviledge of the gospel , to have it in freedom , purty , power , & plenty , is the publick concern of all the lords people , preferable to all other interests , and therefore more publickly , peremptorly and zealously to be contended for , than any other interest whatsoever . it is the glory of the land sam. . . without which , ichabod may be the name of every thing ; and every land , though never so pleasant , will be but a dry & parched land , where no water is , in the esteem of them that have seen the lords glory & power in the sanctuary psal. . . where as its name is hephzibah & beulah isai. . . and iehovah-shammah ezek. . ult . where god is enjoyed in his gospel ordinances ; and the want & reproach of the solemn assemblies , is a matter of the saddest mourning to the lords people zeph. . . therefore while the ark abode in kerjath-jearim the time was thought very long , and all the house of israel lamented after the lord sam. . . then they heard of it at ephratah and found it in the fields of the wood psal. . . but it hath been longer than twenty years in our fields of the woods , and therefore we should be lamenting after it with greater concernedness ; especially remembering , how we were priviledged with the gospel , which was somtimes publickly embraced & countenanced by authority , and ensured to us by laws , statutes , declarations , proclamations , oaths , vowes , & covenant-engagments , whereby the land was dedicated & devoted unto the son of god , whose conquest it was . and now are not all the people of god obliged to do what they can , to hinder the recalling of this dedication , and the giving up of the land as an offering unto satan & antichrist ? and how shall this be , but by a publick contending for this priviledge , and a resolving they shall sooner bereave us of our hearts blood , than of the gospel in its freedom & purity ? but this we cannot contend for publickly , if our meetings be not publick . . the nature & business of the gospel ministrie is such , that it obliges them that exercise it to endeavour all publickness , without which they cannot discharge the extent of their instructions : their very names & titles do insinuate so much . they are witnesses for christ , and therefore their testimony should be publick , though their lot oftentimes be to witness in sackcloth : they are heraulds , and therefore they should proclaim their masters will , though their lot be often to be a voice crying in the wilderness , as iohn the baptist was in his field preachings : they are ambassadours , and therefore they should maintain their masters majestie , in the publick port of his ambassadours , and be wholly taken up about their soveraigns business : they are watchmen , and therefore they should keep & maintain their post their masters hath placed them at : nay they are lights & candles , and therefore cannot be hid math. . , . the commands & instructions given them , infer the nec●ssity of this : they must cry aloud , and not spare , and left up their voice like a trumpet , and shew the lords people their transgressions & sins isai. . . they are watchmen upon ierusalems walls , which must not hold their peace , day nor night , nor keep silence , nor give the lord rest , till he establish and till he make ierusalem a praise in the earth isai. . , . they are watchmen , that must command all to hearken to the sound of the trumpet ier. . . they must be valiant for the truth upon the earth ier. . . they must say , thus saith the lord even to a rebellious nation , whether they will hear or forbear , and not be afraid of them ezek. . , . they must cause the people to know their abominations ezek. . . and the abominations of their fathers ezek. . . and what their master tells them in darkness , that they must speak in the light , and what they hear in the ear , that they must preach upon the house tops math , . . these things cannot be done in a clandestine way . and therefore now when there is so much necessity , it is the duty of all faithful ministers , to be laying out themselves to the utmost in their pastoral function , for the suppreffing of all the evils of the time , not withstanding of any prohibition to the contrary , in the most publick manner , according to the examples of all the faithful servants of the lord , both in the old & new testaments ; though it be most impiously & tyrannically interdicted , yet the laws of god stand unrepealed , and therefore all who have a trumpet & a mouth should set the trumpet to their mouth , and sound a certain sound ; not in secret for that will not alarme the people , but in in the most publick manner they can have access to . and it is the duty of all to come & hear & obey their warnings & witnessings , command who will the contrary . it was for mocking , despising his words , & misusing his prophets , that the wrath of the lord arose against his people , the iewes , until there was no remedy chron. , . therefore from all that is said , it must be concluded , that meetings for gospel ordinances must be as publick as can be : and if so , then that they should be in houses , safety will not permit to us ; to go to the streets or mercat places , neither safety nor prudence will admit : therefore we must go to the fields with it , cost what it will. . seeing then there must be meettngs , & publick meetings , and seeing we cannot and dare not in conscience countenance the curats meetings ; we must hear , oune , embrace , & follow such faithful ministers as are cloathed with christ commission , righteousness , & salvation , and do keep the words of the lords patience , and the testimony of the church of scotland in particular . this i think will not , or dare not be denyed , by any that oune the authority of christ ( which none can deny or instruct the contrary , but our ministers that ventured their lives in preaching in the fields have had a certain seal to their ministry , & is sealed sensibly in the conviction of many , & confession of moe ) that christs ministers & witnesses , employed about the great gospel message , cloathed with his authority , & under the obligation of his commands lying upon them , must preach , & the people must hear them , not withstanding of all laws to the contrary . divines grant that the magistrate can no more suspend from the exercise , than he can depose from the office of the ministry ; for the one is a degree unto the other . see apollon . de jure majest . circa sacra . part. . pag. . &c. rutherf . due right of presb. pag. . &c. for whether it be right in the sight of god , to hearken unto men more than unto god , the consciences of the greatest enemies may be appealed unto act. . . they must not cease , wherever they have a call & occasion , to teach & preach iesus christ act. . ult . necessity is laid upon them , yea wo unto them if they preach not the gospel cor. . . in all things they must approve themselves , as the ministers of god , in much patience , in afflictions , in necessities , &c. by honour & dishonour , by evil report & good report , as deceivers and yet true , as unknown & yet well known — cor. . , , . they must preach the word , be instant in season , & out of season , reprove , rebuke , exhort , with all long suffering & doctrine tim. . . dare any say then , that a magistrats or tyrants laws can exauctorate a minister ? or silence him by his oun proper elicite acts , as king or tyrant , or formally & immediately ? will mischiefs framed into a law , warrant such iniquity ? or an act of a king of clay rescind the mandats of the king of kings ? or exempt people from obedience due thereunto ? or will the bishops canons , who have no power from christ , or the censures of them , that stand condemned themselves by the constitutions of the church & acts of the general assemblies , have any weight in the case ? and yet these are all that can be alledged , except odious & invidious calumnies , the ordinary lot of the most faithful , against the present preachers in the fields , which are sufficiently confuted in their late informatory vindication , and need not here be touched . seeing therefore they have given up themselves unto christ as his servants , they must resolve to be employed for him to the outmost of their power , and must not think of laying up their talent in a napkin ; especially now when there is so great necessity , when defection is yet growing , covered , countenanced more & more , division nothing abated , but new oyl cast daylie into the flames of devouring contentions ; the people generally drouned in the deluge of the times snares & sins , and like to be over whelmed in the inundation of black poperie , now coming in at the opened sluce of this wicked toleration , with the congratulations of addressing ministers ; when now the harvest is great and the labourers are few : great then is the necessity , and double must the woe be that abideth such ministers , as are silent at such a time : and great & inexcusable is the sin of the people , if they do not come out , and countenance faithful ministers , the messengers of the lord of hosts , from whom they should seek the law mal. . . especially when there are so many , that have palpably betrayed their trust ; and so few that are faithful in the necessary testimony of the day . seeing then faithful ministers must preach , & people must hear , where can they meet with conveniency , & safety , & freedom , except either under the shelter of this wicked toleration , which they dare not do , or else go to the fields ? . it must be obtained also , that the ministers have a right to preach , in this unfixed manner , whereever they have a call ; their relation now , in this disturbed state of the church , being to be considered more extensively , than in its settled condition . for understanding which , we must distinguish a three or four-fold relation , that a minister of the gospel stands into . first , he is a minister of christ , and steward of the mysteries of god cor. . . having his commission from christ as his master : and this relation he hath universally , wherever he is . secondly , he is a minister of the catholick church , though not a catholick minister of it ; which is his primary relation ; for that is the church , in which ministers are set cor. . . and to which they are given eph. . , . thirdly , he is a minister of the particular church whereof he is a member ; and so in scotland a minister is a minister of the church of scotland , and is obliged to lay out himself for the good of that church . fourthly ; he is a minister of the particular congregation , whereunto he hath a fixed relation in a constitute case of the church : this last is not essential to a minister of christ , but is subservient to the former relations : but when separated from such a relation , or when it is impossible to be held , he is still a minister of christ , and his call to preach the gospel stands & binds . see m r durhams degression on this particular on revel . chap. . pag. . &c. in quarto . for thô he be not a catholick officer , having an equal relation to all churches , as the apostles were ; nevertheless he may exerce ministerial acts authoritatively , upon occasions warrantably calling for the same , in other churches , as heraulds of one king , having authority to charge in his name wherever it be ; especially in a broken state of the church , when all the restriction his ministerial relation is capable of , is only a tye & call to officiate in the service of that church whereof he is a member ; and so he hath right to preach every where , as he is called , for the edification of that church . the reasons are . . he hath power from christ the master of the whole church ; and therefore , wherever the masters authority is acknowledged , the servants ministerial authority cannot be denied ; at least in relation to that church whereof he is a member as well as a minister . . he hath commission from christ , principally for the edification of christs body , as far as his ministrie can reach , according to the second relation . . his relation to the whole church is principal , that which is fixed to a part is only subordinate , because it is a part of the whole . . his commission is indefinite to preach the gospel , which will s●it as well in one place as in another . . the same great ends of the churches greater good & edification , which warrands fixing of a minister to a particular charge in the churches peaceable state , will warrand his officiating more largely in her disturbed state , . else it would follow that a faithful minister , standing in that relation to a disturbed & destroyed church , and all his gifts & graces were useless in that case , which notwithstanding are given for the good of the church . . yea by this , when his fixed relation cannot be kept , it would follow , that he ceased to be a minister , and his commission expired ; so that he should stand in no other relation to christ , than any private person so qualified , which were absurd : for by commission he is absolutely set apart for the work of the ministrie , so long as christ hath work for him , if he continue faithful . . this hath been the practice of all the propogators of the gospel from the begining , and of our reformers in particular ; without which they could never have propogated it so far : and it was never accounted the characteristick of apostles , to preach unfixedly ; because in times of persecution , pastors & doctors also might have preached wherever they came , as the officers of the church of ierusalem did , when scattered upon the persecution of stephen act. . . did go every where preaching the word ver . . since therefore they may & must preach in this unfixed manner , they must in this broken state look upon all the godly in the nation , that will oune & hear them , to be their congregation , and embrace them all , and consult their conveniency & universal advantage , in such a way as all equally may be admitted , and none excluded from the benefit of their ministrie . and therefore they must go to the fields with it . . the lord hath so signally ouned , successfully countenanced , and singularly sealed field-preaching in these unfixed exercises , that both ministers & people have been much encouraged against all opposition to prosecute them , as having experienced much of the lords power & presence in them , and of the breathings of the enlivening , enlarging , enlightening , and strengthening influences of the spirit of god upon them . the people are hereby called , in this case of defection , to seek after those waters that they have been so often refreshed by : for in this case of defection , god being pleased to seal with a palpable blessing on their souls , the word from ministers adhering to their principles , they may safely look on this as a call from god to hear them , and follow after them so ouned of the lord. and it being beyond all doubt , that the assemblies of the lords people to partake of pure ordinances , with full freedom of conscience in the fields , hath been signally ouned & blessed of the lord , and hath proven a mean to spread the knowledge of god beyond any thing that appeared in our best times ; and in despight of this ●ignal appearance of god , and envy at the good done in these meetings , all endeavours being used by wicked men to suppress utterly all these rendevouzes of the lords militia , both by open force & cunning midianitish wiles ; ministers cannot but look upon it as their duty , and that the lord hath been preaching from heaven , to all who would hear & understand it , that this way of preaching , even this way , was that wherein his soul took pleasure , and to which he hath been & is calling all who would be co-workers with him this day , to help forward the interest of his crown & kingdom . many hundreds of persecuted people can witness this , and all the martyrs have sealed it with their blood , and remembered it particularly on the scaffolds , that they found the lord there , and that he did lead them thither , where he made them to ride upon the high places of the earth , and to eat the increase of the fields , and to suck honey out of the rock , and that in their experience , under the spirits pouring out from on high , they found the wilderness to be a fruitful field , and in their esteem , their feet were beautiful upon the mountains that brought good tidings , that published peace , that brought good tidings of good , that published salvation , that said unto zion , thy god reigneth . and all the ministers that followed this way , while they were faithful , and had but litle strength , and kept his word , and did not deny his name , found that verified in their experience , which is said of philadelphia revel . . . that they had an open door which no man could shut . the characters whereof , as they are expounded by mr durham , were all verified in these meetings : where . the ministers had a door of utterance upon the one side opened to them ; and the peoples ears were opened to welcome the same , in love to edification , simplicity , & diligence , on the other . . this had real changes following , many being made humble , serious , tender , fruitful &c. . the devil raged & set himself to oppose , traduce , & some way to blast the ministrie of the most faithful more than any others ; just as when paul had a greater door & effectual opened to him , there were many adversaries cor. . . . yet the lord hath been observably defeating the devil & profanity in every place , where the gospel came , and made him fall like lightening from heaven , by the preaching of the word . . and the most experimental proof of all was , that hereby ground was gained upon the kingdom of the devil , and many prisoners brought off to jesus christ. and therefore seeing it is so , this mnst certainly be a call to them who are yet labouring in that work , which others have left off , to endeavour to keep this door open with all diligence , and reap the corn when it is ripe , and when the sun shines make hay , and with all watchfulness , lest the wicked one sow his tares , if they should fall remiss . . as for the circumstance of the place , of this unfixed manner of celebrating the solemn ordinances of the worship of god , in a time of persecution : this cannot be quarrelled at by any , but such as will quarrel at any thing . but even that is better warranted , than to be weakened with their quarrels . for before the law , mountain-worship was the first worship of the world , as abrams iehovah-jireh gen. . . iac●bs bethel ( or house of god in the open fields ) gen. . , . his peniel gen. . . his el-elohe-israel gen. . ult . do witness : under the law , they heard of it at ephratah they found it in the fields of the wood psal. . . after the law , field-preaching was the first that we read of in the new testament , both in iohn his preaching in the wilderness of iudea , being the voice of one crying in the wilderness , and the master usher of christ math. . , . and in his ambassadours afterwasds , who on the sabbath sometimes , went out to a river side were prayer was wont to be made , as lydia was converted at pauls field preaching act. . , . and chiefly the prince of preachers , christ himself , preached many a time by the syds of the mountains , and the the sea side : that preaching math. . was on a mountain vers . . and this is the more to be considered , that our lord had liberty of the synagog●es to preach in , yet he frequently left them , and preached either in private houses , or in the fields ; because of the opposition of his doctrine by the iewish teachers , who had appointed that any who ouned him should be excommunicate : and therefore in the like case , at it is now , his servants may imitate their master : for though all christs actions are not imitable ; such as these of his divine power , and the actions of his divine prerogative ( as his taking of the ass without the ouners liberty ) and the actings o● his mediatory prerogative , which he did as mediator ; but all his gracious actions , and moral upon moral grounds , and relative upon the grounds of relative duties , are not only imitable , but the perfect pattern of imitation . therefore that superstitious & ridiculous cavil , that such meetings in fields or houses are conventickles , gathering separate congregations , is not worth the taking notice of : for this would reflect upon christs and his apostles w●y of preaching , and the constant method of propogating the gospel in times of persecution , in all ages ●ince , which hath alwayes been by that way which they call keeping of conventickles . it s absurd to say , it is a gathering of separate congregations , it is only a searching or seeking after the lords sheep , that are made to wander through all the mountains , and upon every 〈…〉 , and 〈…〉 which is scattered by corrupt sheeph●●● ▪ and the cruelty of the beasts of the field ezek. . , . and preaching to all who will come & hear the word of truth , in such places where they may get it done most safely , and may be most free from distraction & trouble of their enemies , who are waiting to find them out , that they may hail them to prisons or kill them . . as for the circumstance of the time , that is specially alledged to be unseasonable , especially when there is a litle breathing , and some relaxation from the heat of persecution , to break the peace , and awaken sleeping dogs by such irritating courses , is thought not consistent with christian prudence . this is the old pretence of them that were at ease , and preferred that to duty . but as we know no peace at this time , but a peace of confederacy with the enemies of god , which we desire not to partake of , and know of no relaxation of persecution against such as continue to witness against them : so let what hath been said above in the . hypothesis ▪ of the necess●ty of publickness in our meetings at such a time as this is , be considered ; and let the scripture be consulted , and it will appear , not only that in preaching the gospel there must be a witness & testimony kept up ( as is proved above ) and not only that ministers must preach the word , and be instant in season & out of season tim. . . but that such a time as this , is the very season of a testimony . for in the scripture we find , that testimonies are to be given in these seasons especially . . when the enemies of god , beginning to relent from their stiffness & severity , would compound with his witnesses , and give them some liberty , but not total ; as pharaoh would let the children of israel go , but stay their flocks : and now our pharaoh will give some liberty to serve god , but with a reservation of that part of the matter of it , that nothing be said to alienate the hearts of the subjects from his arbitrary government . but moses thought it then a season to testifie ( though the bondage of the people should be thereby continued ) that there should not a hoof be left behind ; for sayes he , we know not with what we must serve the lord , until we c●me 〈◊〉 exod. . , , . so must we testify for eve●● closly ▪ the interest of christ this day . . when there ▪ to ●l●ration of idolatry , and confederacy with idolaters , and suspending the execution of penal lawes against them , or pardoning of those that should be punished : in such a season as this , that messenger that came from gilgal gave his testimony at bochim against their toleration of idolatrous altars , and confederacy with the canaanites iudg. . , . he is called an angel indeed , but he was only such an one as ministers are , who are called so rev. . . for heavenly spirits have brought a heavenly message to particular persons , but never to the whole people , the lord hath committed such a treasure to earthen vessels cor. . . and this came from gilgal not from heaven . so the man of god testified against e●i , for his toleration of wicked priests , thô they were his oun sons sam. . ● . &c. so samuel witnessed against saul , for his toleration & indemnity granted to agag sam. . . so the prophet against ahab , for sparing benhadad king. . . the angel of ephesus is commended for this ; and he of pergamus and he of thyatira is condemned , for omitting this testimony , and allowing a toleration of the nicolaitans & iezebel revel . . , , . in such a case of universal complyance with these things , and the peoples indulging themselves under the shadow of the protection of such a confederacy , the servants of the lord that fear him must not say a confederacy , tho they should be accounted for signs & wonders in israel isai. . , , . but now idolatrous mass-altars are set up , none thrown doun , penal statutes against papists are stopt & disabled , and the generality of ministers are congratulating , & saying a confederacy in their addresses for the same . . when the universal apostacy is come to such a hight , that error is prevailing , and few syding themselves in an avowed opposition against it ; as elijah chose that time , when the people were halting between two opinions king. . . and generally all the prophets & servants of christ , consulted alwayes the peoples necessity for the timing of their testimonies : and was there ever greater necessity than now , when poperie is coming in like a flood ? . 〈…〉 men are chief in power ; as when haman was 〈◊〉 mordecai would not give him one bowe though all 〈◊〉 people of god should be endangered by such a provocation esther . . . and when tyrants & usurpers are set up without the lords approbation , then they that have the lords trumpet should set it to their mouth hos. . , . is not this the case now ? . when upon the account of this their testimony , the lords people are in greatest danger , and enemies design to massacre them , then if they altogither hold their peace at such a time , there shall enlargment & deliverance arise another way , but they and their fathers house shall be destroyed , who are silent then , as mordecai said to esther est : . . and who knowes not the cruel designs of the papists now ? . when iniquity is universally abounding , and hypocrisie among professors , then the servants of the lord must cry aloud & not spare isai. . . as the ●ase is this day . . when the concern of truth , a 〈…〉 glory of god , is not so illustriously vindicated as he gives us to expect it shall be ; then the watchmen must not hold their peace , and they that make mention of the name of the lord , must not keep silence isai. . , . especially when his name & glory is blasphemed , baffled , and afronted , as at this day with a witness . . when ministers generally are involved in a course of defection , and do not give faithful warning , but daub over the peoples and their oun defections ; then the prophets must prophesie against the prophets ezek. . , . &c. as alas this day there is a necessity for it . . when publick worship is interdicted by law , as it was by that edict prohibiting publick prayer for thirty dayes in daniels time : they could not interdict all prayer to god ; for they could forbid nothing by that law , but that which they might hinder & punish for contraveening ; but mental prayer at least could not be so restrained , and certain it is , they intended only such prayer should be discharged , as might discover daniel : but might not the wisdom of daniel have eluded this interdiction , by praying only secretly or mentally ? no : whatever carnal wisdom might ▪ mee●te , his honesty did oblige him in that case of conf●●re par●hen he knew the writing was signed , to go into hie clossly . ●d to open his windowes , and to kneel upon his kn● , to cleatimes a day — as he did aforetime dan. . . nowny agaireason can be given for his opening his windowes ? was it only to let in the air ? or was it to see ierusalem out at these windowes ? the temple he could look toward , as well when they were shut . no other reason can be assigned , but that it was necessary then to avouch the testimony , for that indispensable duty then interdicted . and is not publick preaching indispensable duty too ? which is declared criminal , except it be confined to the mode their wicked law tolerates ; which we can no more homologate , than omitt the duty . . when it is an evil time , the evil of sin is incumbent , and the evil of wrath is impendent over a land ; then the lyon hath roared who will not fear ? the lord god hath spoken , who can but prophesie ? amos. . . there is no contradiction here to that word , whi●e hath been miserably perverted in our day , to palli●use or ●il silence of time-servers amos. . . the prudent shall keep● silence in that time for it is an evil time : whereby we cannot understand a wylie withdrawing our witness against the times evils : for there they are commanded to bestir themselves actively , in seeking good , hating the evil , loving the go●d , and establishing iudgement in the gate vers . , . but we understand by it a submissive silence to god , without fretting ( according to that word ier. . . for the lord our god hath put us to silence — and mic. . . ) calvin upon the place expounds it , the prudent shall be affirighted at the terrible vengeance of god ; or they shall be compelled to silence , not willingly ( for that were unworthy of men of courage to be silent at such wickedness ) but by the force of tyrants giving them no leave to speak . sure then this is such a time , wherein it is prudence to be silent to god , but not to be silent for god , but to g●ve publick witness against the evils of sin abounding , and publick warning of the evils of punishment imminent . . then is the 〈◊〉 of it , when worldly wisdom thinks it unseasonable ▪ 〈◊〉 men cannot endure ●ound doctrine , but after 〈…〉 lusts they heap to themselves teachers , ha●in● 〈…〉 ; and turn away their ea●s from the truth● 〈…〉 ●each the word , and be instant is indeed in it 〈…〉 , because profitable & necessary ; but it is out of season as to the preachers or hearers external interest , and in the esteem of worldly wiselings tim. . , , . see pool synops. critic . in locum . so in our day ; men cannot endure free & faithful dealing against the sins of the times , but would have smooth things & deceits spoken unto them ▪ like those isai. . . and nothing can be more 〈…〉 to speak plainly ( so as to give every thing its 〈…〉 ) either of the sins of the times , or of the snares of the times , or of the miseries & evils of the times , or of the duties of the times or of the dangers , and the present crisis of the times : which no faithful minister can forbear . therefore so much the more is it seasonable , that it is generally thought unseasonable . . in a word , whenever 〈…〉 testimony of the church , or any part of it , is 〈…〉 ; then is the season to keep it , and contend for it , and to hold it fast , as our crown revel . . , . it must be then a word spoken in due season , and good & necessary ( prov. . . ) at this time , to give a publick testimony against all wrongs done to our blessed lord jesus , all the encroachments upon his prerogatives , all the invasions of the churches priviledges , all the overturnings of our covenanted reformation , and this openly designed introduction of poperie & slaverie . but now how shall this testimony be given by us conveniently ? or how can it be given at all , at this time , in our circumstances , so as both ●he matter and manner of it may be a most significant witness-bearing to the merit of it , except we go to the fields ? who can witness significantly against poperie & tyrannie : and all the evils to be spoken against this day , under the protection of a papist & tyrant , as house-meetings under the covert o● this tol●eration are stated ? for if these meetings be private & secret , then the testimony is not known ; if they be publick , then they are exposed to a prey . now by all these general hypoth●s●s , it is already in some measure evident , that field-meetings are very expedient . but i shall adde some more particular considerations , to inculcate the same more clossly . in the third place , besides what is said , to clear the lawfulness & necessity of a publick testimony against the evils of the present time , some considerations may be added to prove the expediency of this way & manner of giving a testimony , by maintaining field-meetings in our present circumstances . . the keeping of field-meetings now , is not only most convenient for testifying , but a very significant testimony in it self , against this popish toleration ; the wickedness of whose spring & original , and of its nature and terms , channel & conveyance , end & design , is shewed in the historical narrative thereof , and cannot be denyed by any presbyterian , whose constant principle is that there should be no toleration of poperie , idolatrie , or heresie , in this reformed & covenanted church . reason & religion both will conclude , that this is to be witnessed against , by all that will adhere to the cause or reformation overturned hereby , and resolve to stand in the gap against poperie to be introduced hereby , and that will approve themselves as honest patriots in defending the laws & libertys of the country subverted hereby ▪ and besides , if it be considered with respect to the granter ; it is palpable his design is to introduce poperie , and advance tyrannie , which can be hid from none that accept it , the effectuating whereof hath a n●cessary & inseparable connexion with the acceptance of the liberty ; and is so far from being avertible by the accepters , that it is chiefly promoted by their acceptance , and the design of it is to lay them by from all opposition thereto . if it be considered with relation to the accepters , it is plain it must be taken as it is given , and received as it is conveyed , from its fountain of absolute power , through a channel of an arbitrary law-disabling & religion-dishonouring toleration , which is semper mali ; and with consent to the sinful ●mpositions , with which it is tendered ; concerning & affecting the doctrine of ministers , that they shall preach nothing which may alienate the subjects from the government ; against all which there is no access for a protestation , consistent with the improvement of the liberty , for it is granted & accepted on these very terms ; that there shall be no protestation ; for if there be , that will be found an alienating of the hearts of the subjects from the government , which by that protestation will be reflected upon . if it be considered with respect to the addressers for it , who formally say a confederacy with , and congratulate the tolerator for his toleration , and all the mischiefs he is machinatinating & effectuating thereby ; then seeing they have presumptuously taken upon them to send it in the name of all presbyterians , it concerns all honest men , zealous christians , and faithful ministers of that perswasion & denomination , in honour & conscience , to declare to the world by some publick testimony , that they are not consenters to that sinful , shameful , & scandalous conspiracy , nor of the corporation of these flattering addressers who have betrayed the cause , with which all will be interpreted consenters , that are not contradicters . further this tolleration is sinful as is cleared above peri● . and to accept of it is contrary to our solemn covenants & engagments , where we are bound to exstirpate poperie , preserve the reformation , defend our liberties , and never to accept of a toleration eversive of all these precious interests we are sworn to maintain . and it is heinously scandalous , being in effect a succumbing at length and yeelding up the cause , which hath been so long controverted & so long contended for , at least an appearance of ceding & lying by from contending for the interests of christ , of condemning our former wrestlings for the same , of purchasing a liberty to our selves at the rate of burying the testimony in bondage & oblivion , of hardening & confirming open adversaries in their wicked invasions on our religion , laws , & liberties , of being weary of the cross of christ , that we would fain have ease upon any terms , and of weakening the hands yea condemning the practice & peremptoriness of these that are exampted from the benefit or rather the snare of it , and suffer when others are at ease . it is also attended with many inconveniences ; for either such as preach under the covert of it , must forbear declaring some part of the counsel of god , and give no testimony seasonable this day ; or else if they do , they will soon be discovered and made a prey . hence seeing there must be a testimony against this toleration , it is certainly most expedient to give it there , where the meeting is without the reach & bounds of it , and interdicted by the same proclamation that tenders it , and where the very gathering in such places is a testimony against it : for to preach in houses constantly & leave the fields , would now be interpreted an homologating the toleration that commands preaching to be so restricted ; especially when an address is made in name of all that accept the benefit of it , from which odium we could not vindicate our selves , if we should so make use of it . . the keeping of field meetings now is a testimony against that wicked law that discharges them , and interdicts them as criminal ; yea in some respect a case of confession : for if daniels case , when publick prayer was discharged under pain of death , was a case of confession , as all grant ; then must also our case be , when publick preaching is discharged under the some penalty : for it is equivalent to an universal discharge of all publick preaching , when the manner of it is discharged , which we can only have with freedom & safety in way of publick testimony , which can be none other in our circumstances but in the fields , again if the law be wicked that discharges them , as certainly it is , and is demonstrated from what is said already , then it must be sin to obey it ; but it were an obeying of it to quite the fields . . the ●eeping of field-meetings now is a testimony against tyranny & usurpation , encroaching upon our religion , laws , & liberties , and presuming to restrict & bound the exercise of the ministerial function , and discharge it altogether except it be modified according to the circumstances prescibed by a wicked law , which cannot be allowed a● competent to any man whose authority is not acknowledged , for reasons given in head. . therefore though there were no more , this is sufficient to call all ministers to give testimony against such an usurpation , by resfusing to obey any such act. and preaching where god giveth a call. for otherwise , to submit to it , would be an acknowledging of his magist●atical power to discharge these meetings , and to give forth sentences against faithful ministers . . the keeping of field-meetings now is a testimony for the honour , headship & princely prerogative of jesus christ , which hath been the great word of his patience in scotland , and by an unparalelled , insolence encroached upon by usurpers in our day , and in effect ●enied by such as took a new holding for the exercise of their ministrie from their usurped power . now in these meetings , there is a practical declaration of their holding their ministrie and the exercise thereof from christ alone , without any dependence upon , 〈◊〉 to , or licence & warrand from his usurping enemies ; and that they may & will preach in publick without authority from them . if then it be lawful & expedient to maintain the interests of a king of clay , against an usurper ; then much more must it be lawful & expedient , to maintain the quarrel of the king of kings , when wicked men would banish him and his interests out of the kingdom by their tyrannical cruelty , and cruel mercy of a destructive toleration . . the keeping of field-meetings now is a testimony for the gospel and the ministrie thereof ; which is alwayes the dearest & nearest priviledge of christians , and in the present circumstances , when our lives and our all are embarked in the same bottom with it , and sought to be destroyed together with it , by a party conspiring against christ , it is necessary duty to defend both by resisting their unjust violence ; especially when religion and the gospel is one and the chief of our fundamental land-rights , and the cardinal condition of the established policy , upon which we can only oune men for magistrats by the law of the land : and this testimony by defence of the gospel and of our oun lives , cannot be given expediently any where but in the fields . it is also a testimony for the freedom & authority of the gospel-ministrie , and for their holding their unremovable relation to the church of scotland , which is infringed by these tyrannical acts , and maintained by these exercises : which is a priviledge to be contended for , above & beyond all other that can be contended for or defended , especially to be maintained against those that have no power or authority to take it away . there will no man quite any of his goods upon a sentence coming from an incompetent judge ; and shall ministers or people be hectored or fooled from such a priviledge by them that have no such power ? . the keeping of field-meetings now is a testimony for our covenants , the ouning whereof is declared criminal by that same law that discharges these meetings ; in which we are sworn to preserve the reformation in doctrine , worship , discipline , & government , and to defend all the churches liberties , and to oppose all their opposites , and endeavour their exstirpation : and in the solemn acknowledgment of sins & engagment to duties , we are sworn , because many have of late laboured to supplant the liberties of the kirk , to maintain & defend the kirk of scotland , in all her liberties & priviledges , against all who shall oppose & undermine the same , or encroach thereupon under any pretext whatsoever . since then the ouning of these meetings and the covenants are both discharged together , and the ouning of the covenant does oblige to a publick opposition against the dischargers , and an avowed maintinance of the churches priviledges , whereof this is in a manner the only & chief liberty now left to be maintained , to keep meetings where we may testify against them , without dependence on their toleration ; it must follow , that these meetings are to be maintained , which only can be in the fields ▪ with conveniency . . to give over these field-meetings now , would be an hardening & encouraging of these enemies in their wicked design of banishing all these meetings out of the land ; which manifestly would be defeat , by a resolute refusal of all to submit to their discharging of them ; and they that do submit , and give them over , do evidently contribute to the effectuating that wicked design , which is certain does not nor will not terminate upon a simple suppression of that sort , but further is intended to exstirpate all meetings for gospel ordinances , in which there is any testimony against them . to comply therefore with such a forbearance of them at this time , would lay a stone of stumbling before them , to encourage them in these their designs ; when they should see their contrivance so universally complyed with , wherein they might boast that at length they had prevailed , to put quite away that eye-sore of theirs field-meetings . . to give over these field-meetings now , were a stumbling to the poor ignorant people ; who might think that now it appears that work was but of men , and so hath come to naught , and would look upon it as an evidence of fainting , & succumbing at last in the matter of the testimony , as being quite overcome ; and that indeed all have embraced & accepted this present toleration , and were all alike sleeping under the shade , and eating the fruits of such a bramble . . finally , to give over these field-meetings now , would be very scandalous to the posterity , and to strangers , who shall read the history of our church , to find that as prelacy came in without a joint witness , and the monstrous , blasphemous , & sacrilegious supremacy was erected without a testimony in its season ; so black poperie it self and tyranny was introduced by a toleration , which laid them all by from a testimony against these ; who formerly had valiantly , resolutely , & faithfully contended against all lesser corruptions , but at last , when that came , and stricter prohibitions of all publick meetings but under the covert thereof were emitted , then all were perswaded to comply with that course . how astonishing would it be to read , that all these contendings , sealed with so much precious blood , should come to such a pitiful period ! but i hasten to the next , which is the second positive ground of suffering . head . v. the principle of & testimony for defensive armes vindicated . this truth is of that sort , that can hardly be illustrated by demonstration ; not for the darkness thereof , but for its self evidencing clearness , being scarcely capable of any further elucidation , than what is offered to the rational understanding by its simple proposition . as first principles can hardly be proven , because they need no probation , and cannot be made clearer than they are , and such as cannot consent to them , are incapable of conceiving any probation of them : so this truth of self-preservation being lawful , because it is congenite with and irradicated in every nature , that hath a self which it can preserve , can scarcely be more illustrated that it may do so , than that it can do so . and therefore to all who have a true respect to their oun , as well as a due concern in the interest of mankind , and zeal for the interest of christ , it might seem superfluous to make a doubt or debate of this : were it not that a generation of men is now prevailing , that are as great monsters in nature , as they are malignant in religion , and as great perverters of the law of nature , as they are subverters of municipal laws , and everters of the laws of god : who for ouning this principle , as well as using the practice , of defensive resistence for self preservation against tyrannical violence , have set up such monuments of rage & cruelty , in the murder of many innocent people , as was never read nor heard of before . it hath been indeed the practice of all nations in the world , and the greatest of men have maintained this principle in all ages : but the bare ▪ asserting the principle , when extorted by severe inquisitions , was never a cause of taking the lives of any , before this was imposed on the poor suf●erers in scotland , to give their judgement , whether or not such appearances for defence ( as the tyranny of rulers had forced people to ) were reb●llion and a sin against god ; which they could not in conscience assert ; and therefore , thô many that have suffered upon this head , have been as free of the practice of such res●stence as any , yet because they would not condemn the principle they have been criminally processed , arraigned , & condemned to the death . and against this truth they have been observed to have a special kind of indignation , either because the light of it , which cannot be ●id , hath some heat with it to se●rch them ; or because they fear the impression of this in the hearts of people more than others , knowing that they deserve the practical expression of it by the hands of all . but the reason they give why they are so offended at it is , that they look upon it as the spring of all the errors of presbyterians , and a notion that destroyes them : which indeed will be found to have a necessary connexion with many of the truths that they contend for this day , as it hath been the necessary methode of de●ending them . what practices of this kind hath been , and what were the occasions inducing or rather enforcing to these defensive resistences here to be vindicated as to the principle of them , is manifested in the historical representation : shewing , that after the whole body of the land was engaged under the bond of a solemn covenant , several times renewed , to defend religion & liberty ; and in special manner the magistrats of all ranks , the supreme whereof was formally admitted to the government upon these terms ; he with his associates , conspiring with the nobles to involve the whole land in perjury & apostasie , overturned the whole covenanted work of reformation ; and thereby not only encroached upon the interest of christ and the churches priviledges , but subverted the fundamental constitution of the kingdoms government , and pressed all to a submission unto and complyance with that tyranny & apostasie , erected upon the ruines thereof : yet the godly & faithful in the land , sensible of the indispensable obligation of these covenants , resolved to adhere thereunto , and suffered long patiently for adherence unto the same , until being quite out wearyed by a continued tract of tyrannical oppressions , arbitrarly enacted by wicked laws , and illegally executed against their oun laws , and cruelly prosecuted even without all colour of law , in many unheard of barbarities ; when there could be no access for or success in complaining or getting redress by law , all petitions & remonstrances of grievances being declared seditious & treasonable , and interdicted as such ; they were forced to betake themselves to this last remedy of defensive resistence , intending only the preservation of their lives , religion , & liberties ; which many times hath been blessed with success , and therefore zealously contended for , as an inamissible priviledge ; by all well affected to the cause of christ and interest of their country , because they found it alwayes countenanced of the lord ; until the cause was betrayed by the treachery and abandoned by the cowardice of such , as were more loyal for the kings interests than zealous for christs and the countries ; for which the lord in his holy jealousie discountenanced many repeated endeavours of this nature , cuting us off and puting us to shame and would not go forth with our armies . but because the duty is not to be measured by , and hath a more fixed rule to be founded upon , than providence ; therefore the godly did not only maintain the principle in their confessions & testimonies , but prosecute the practice in carrying armes , & making use of them in the defence of the gospel and of themselves , at field-meetings ; which were alwayes successfully prosperous , by the power & presence of god. this question is sufficiently discussed , by our famous & learned invincible patrons & champions for this excellent priviledge of mankind , the unanswerable authors of lex rex , the apologetical relation , napthali , & ius populi vindicatum . but because facile est inventis addere , i shall subjoine my mite . and their arguments being various and volumniously prosecute , and scattered at large through their books , i shall endeavour to collect a compend of them in some order . the two first speak of a defensive war , managed in a parliamentary way : and the two last , of resistence against the abuse of a lawful power , when there is no access to maintain religion & liberty any other way ; which does not come up so closs to our case , nor is it an adequate antithesis to the assertions of our adversaries , who say , that it is no wayes lawful , in any case or upon any pretence whatsoever , to resist the soveraign power of a nation , in whomsoever it be resident , or which way soever it be erected . i shall consider it more complexely & extensively , and plead both for resistence against the abuse of a lawful power , and against the use & usurpation of a tyrannical power , and infer not only the lawfulness of resisting kings , when they abuse their power ( as is demonstrate unanswerably by these authors ) but the expediency & necessity of the duty of resisting this tyrannical power , whensoever we are in a capacity , if we would not be found treatherous covenant-breakers , & betrayers of the interest of god , and the liberties of the nation , and of our brethren together with the posterity , into the hands of this popish & implacable enemie , and so bring on us the curse of meroz , and the curse of our brethrens blood , crying for vengeance on the heads of the shedders thereof , and upon all who being in case came not to their rescue , and the curse of posterity , for not transmitting that reformation & liberty , whereof we were by the valour of our fore-fathers put & left in possession . i shall not therefore restrict my self to the state of the question , as propounded ordinarly viz. whether or not , when a covenanted king doth really injure , oppress & invade his subjects civil & religious rights , or unavoidably threatens to deprive them of their dearest & nearest liberties , and sends out his emissaries with armed violence against them , and when all redress to be had , or hope by any address or petition is rendered void or inaccessible , yea addressing interdicted under severe penalties as treasonable ; then & in that case , may a communitie of these subjects defend themselves , & their religion & liberties , by armes in resisting his bloody emissaries ? but to bring it home to our present case , and answer the laxness of the adversaries position of the uncontrollableness of every one that wears a crown , i shall state it thus : whether or not is it necessary duty , for a community ( whether they have the concurrence of the primores or nobles , or not ) to endeavour , in the defence of their lives , religion , laws , & liberties , to resist & repress the usurpation & tyranny of prevailing dominators , using or abusing their power for subverting religion , invading the liberties , and overturning the foundamental laws of their country ? i hold the affirmative , and shall essay to prove it , by the same arguments that conclude this question , as usually stated . which will more than evince the justifyableness of the sufferings upon this head. in prosecuting of this subject , i shall first premit some concessory considerations to clear it . and secondly bring reasons to prove it . first for clearing of this truth , and taking off mistakes , these concessions may be considered . . the ordinance of magistracy which is of god is not to be resisted , no not so much as by disobedience or non-obedience , nay not so much as mentally by cursing in the heart eccles. . . but a person cloathed therewith , abusing his power , may be in so far resisted . but tyrants , or magistrates turning tyrants , are not gods ordinance ; and there is no hazard of damnation for refusing to obey their unjust commands , but rather the hazard of that is in walking willingly after the commandment , when the statutes of omri are kept . so that what is objected from eccles. . - . i counsell thee to keep the kings commandment &c. is answered on head. . and is to be unsterstood only of the lawful commands of lawful kings . . rebellion is a damnable sin : except where the word is taken in a laxe sense , as israel is said to have rebelled against rehoboam , and hezekias against sennacherib ; which was a good rebellion , and clear duty , being taken there for resistence & revolt . in that sense indeed some of our risings in armes might be called rebellions , for it is lawful to rebel against tyrants . but because the word is usually taken in an evil sense , therefore would have been offensive to acknowledge that before the inquisitors , except it had been explained . but rebellion against lawful magistrats is a damnable sin , exemplarly punished in korah and his compan● , who rebelled against moses ; and in shebah and absalom who rebelled against david ; for to punish the just is not good nor to strike princes for equity prov. . . and they that resist shall receive to themselves damnation rom. . . so that this objection brought from this place , as if the apostle were commanding there subjection without resistence to nero , and such tyrants , as it is very impertinent , it is fully answered above head. . here it will be sufficient to reply . . he is hereby vindicating christianity from that reproach , of casting off or refusing subjection to all magistrats , as if christian liberty had destroyed that relation , or that they were not to be subject to heathen magistrats . whereupon he binds this duty of subjection to magistrats for conscience sake in general . and it is very considerable , what buchanan sayes in his book de jure regni , that paul did not write to the kings themselves , because they were not christians , and therefore the more might be born with from them , tho they should not understand the duty of magistrats : but imagine , that there had been some christian king , who had turned tyrant and apostate , to the scandal of religion ; what would he have written then ? sure if he had been like himself , he would have denyed that he should be ouned for a king , and would have interdicted all christians communion with him , and that they should account him no king , but such as they were to have no fellowship with , according to the law of the gospel . . he speaks of lawful rulers here , not tyrants , but of all such as are defined & qualified here , being powers ordained of god , terrours to evil works , ministers of god for good . yea but says prelats , and their malignant adherents , these are only motives of subjection to all powers , not qualifications of the powers : i answer , they are indeed motives , but such as can be extended to none but to these powers that are so qualified . . he speaks of lawful powers indefinitely in the plural number , not specifying any kind or degree of them , as if only kings & emperours were here meant . it cannot be proven that the power of the sword is only in them . neither was there a plurality of kings or emperours at rome to be subject to : if he meant the roman emperour , he would have designed him in the singular number . all the reasons of the text aggree to inferiour judges also , for they are ordained of god , they are called rulers in scripture , and gods ministers , revengers by office , who judge not for man but for the lord ; and inferiour magistrats also are not to be resisted , when doing their duty pet. . . yet all will grant , when they go beyond their bounds and turns litle tyrants , they may be with-stood . . he does not speak of nero , concerning whom it cannot be proven , that at this time he had the soveraign power , as the learned mr prin shewes : or if he had , that he was a tyrant at this time : and if he meant him at all , it was only as he was obliged to be de jure , not as he was de facto . all men know , and none condemns the fact of the senate , that resisted nero at length , without transgressing this precept . yea i should rather think , the senate is the power that the apostle applies this text to , if he applied it to any in particular . . the subjection here required , is the same with the honour in the fifth command , whereof this is an exposition ; and is opposite to the contraordinatness here condemned : now subjection takes in all the duties we owe to magistrates , and resistence all the contraries forbidden ; but unlimited obedience is not here required , so neither unlimited subjection . . we may allow passive subjection in some cases , even to tyrants ; when the lord layes on that yoke , and in effect sayes , he will have us to lie under it a while , as he commanded the jewes to be subject to nebuchadnezzar : of which passage , adduced to prove subjection to tyrants universally , buchanan ubi supra infers , that if all tyrants be to be subjected to , because god by his prephet commanded his people to be subject to one tyrant ; then it must be likewise concluded , that all tyrants ought to be killed , because ahabs house was commanded to be destroyed by iehu . but passive subjection , when people are not in capacity to resist , is necessary . i do not say passive obedience , which is a meer chimaera , invented in the brains of such sycophants , as would make the world slaves to tyrants . whosoever suffereth if he can shun it , is an enemy to his oun being : for every natural thing must strive to preserve it self against what annoyeth it ; and also he sins against the order of god , who in vain hath ordained so many lawful means for preservation of our being , if we must suffer it to be destroyed , having power to help it . . we abhor all war of subjects , professedly declared against a lawful king , as such ; all war against lawful authority , founded upon or designed for maintaining principles inconsistent with government , or against policy & piety ; yea all war without authority . yes , when all authority of magistrates supreme & subordinate is perverted and abused , contrary to the ends thereof , to the oppressing of the people , and overturning of their laws & liberties , people must not suspend their resistence upon the concurrence of men of authority , and forbear the duty in case of necessity , because they have no● the peers or primores to lead them : for if the ground be lawful , the call clear , the necessity cogent , the capacity probable , they that have the law of nature , the law of god , and the fundamental laws of the land on their side , cannot want authority , though they may want par●iaments to espouse their quarrel . this is cleared above head. . yet here i shall adde . . the people have this priviledge of nature , to defend themselves and their rights & liberties as well as peers , and had it before they erected and constituted peers or primores . there is no distinction of quality in interests of nature , though ther be in civil order : but self defence is not an act of civil order . in such interests , people must not depend upon the priority of their superiours , nor suspend the duties they owe to themselves and their neighbours , upon the manuduction of other mens greatness . the law of nature allowing self defence , or the defence of our brethren , against unjust violence , addeth no such restriction , that it must only be done by the conduct or concurrence of the primores or parliaments . . the people have as great interest to defend their religion as the peers , and more , because they have more souls to care for than they , who are far fewer . and to be violented in their consciences , which are as free to them as to the peers , is as unsupportable to them : yea both are equally concerned to maintain truth , and rescue their brethren suffering for it , which are the chief grounds of war ; and if the ground of the defensive war be the same , with them and without them , what reason can be given making their resistence in the one case lawful , and not in the other ? both are alike obliged to concur , and both are equally obnoxious to gods threatened judgments for suffering religion to be ruined , and not relieving & rescuing innocents . it will be but a poor excuse for people to plead , they had no peers to head them . what if both king & nobles turn enemies to religion ? ( as they are at this day ) shall people do nothing for the defence of it then ? many times the lord hath begun a work of reformation by foolish things , and hath made the least of the flock to draw them out ier. . . and . . and did not think fit to begin with nobles , but began it when powers & peers were in opposition to it : and when he blessed it so at length , as to engage the publick representatives to oune it , what was done by private persons before , they never condenmed . . the people are injured without the nobles ; therefore they may resist without them , if they be able : for there can be no argument adduced to make it unlawful to resist without them , which will not equally make it unlawful to do it with them . . it s true the primores are obliged beyond others , and have authority more than others to concur ; but separately they cannot act as representatives judicially : they have a magistratical power , but limited to their particular precincts where they have interest , and cannot extend it beyond these bounds ; and so , if they should concur , they are still in the capacity of subjects , for out of a parliamentary capacity they are not representatives . . all the power they can have is cumulative not privative , for deterior conditio domini per procurationem fieri non debet . why then shall the representatives betraying their trust , wrong the cause of the people , whose trustees they are ? nay , if it were not lawful for people to defend their religion , lives , & liberties without the concurrence of parliaments , then their case should be worse with them than without them ; for they have done it before they had them , and so they had better be without them still . . people may defend themselves against the tyranny of a parliament , or primores , or nobles : ergo they may do it without them ; for if it be lawful to resist them , its . lawful to wave them , when they are in a conspiracy with the king against them . . we disallow all war without real indeclinable necessity , and great & grievous wrongs sustained : and do not maintain it is to be declared or undertaken , upon supposed grounds , or pretended causes : and so the question is impertinently stated by our adversaries , whether or not it be lawful for subjects , or a party of them , when they think themselves injured , or to be in a capacity , to resist or oppose the supreme power of a nation . for the question is not , if when they think themselves injured they may resist ? but when the injuries are real : neither is it every realitie of injuries will justify their resistence , but when their dearest & nearest liberties are invaded , especially when such an invasion is made , as threatens in●luctable subversion of them . next we do not say , that a parties esteeming themselves in a capacity , or their being really in a capacity , doth make resistence a duty ; except caeteris paribus they have a call as well as a capacity , which requires real necessity , and a right to the action , and the things contended for to be real & legal rights , really & illegally encroached upon : their capacity gives them only a conveniency to go about the duty , that is previously lawful upon a moral ground . no man needs to say , who shall be judge ? the magistrate or people ? for. . all who have eyes in their head may judge whether the sun shine or not ; and all who have common sense may judge in this case . for when it comes to a necessity of resistence , it is to be supposed , that the grievances complained of , and sought to be redressed by armes , are not hid but manifest ; it cannot be so with any party only pretending their suffering wrong . . there is no need of the formality of a judge , in things evident to natures eye , as grassant tyranny undermining & overturning religion & liberty must be . nature , in the acts of necessitated resistence in such a case , is judge , party , accuser , witness , & all . neither is it an act of judgement , for people to defend their oun : defence is no act of jurisdiction , but a priviledge of nature . hence these common sayings , vim vi repellere omnia jura permittunt ; and defendere se est juris naturae : defensio vitae necessaria est , & a jure naturali profluit . . be judge who will , the tyrant cannot be judge in the case : for in these tyrannical acts , that force the people to that resistence , he cannot be acknowledged as king , and therefore no judge : for it s supposed , the judge is absent , when he is the party that does the wrong . and he that does the wrong , as such , is inferior to the innocent . . let god be judge , and all the world , taking cognizance of the evidence of their respective manifesto's of the state of their cause . . we condemn resing to revenge private injuries ; whereby the land may be involved in blood , for some petty wrongs done to some persons , great or small : and abhor revengful usurping of the magistrats sword , to avenge our selves for personal injuries . as davids killing of saul would have been sam. . , , . sam. . , . to object which in this case , were very impertinent : for it would have been an act of offence in a remote defence , if saul had been immediatly asaulting him , it could not be denied to be lawful : and it would have been an act of private revenge , for a personal injurie , and a sinful preventing of gods promise of davids succession , by a scandalous assassination . but it is clear , then david was resisting him , and that is enough for us ; and he supposes he might descend into battel & perish sam. . . not excluding , but that he might perish in battel against himself resisting him . we are commanded indeed not to resist evil , but whosoever shall smite us on the one check , to turn to him the other also , math. . . and to recompense to no man evil for evil rom. . . but this doth not condemn self defence , or resisting tyrants violently , endangering our lives , laws , religion , & liberties , but only resistence by way of private revenge & retaliation , and enjoins patience , when the clear call & dispensation do inevitably call into suffering ; but not to give way to all violence & sacriledge , to the subverting of religion & righteousness . these texts do no more condemn private persons retaliating the magistrate , than magistrats retaliating private persons , unless magistrats be exempted from this precept , and consequently be not among christs followers : yea they do no more forbid private persons to resist the unjust violence of magistrats , than to resist the unjust violence of private persons . that objection from our lords reproving peter math. . . put up thy sword for all they that take the sword shall perish by the sword , hath no weight here : for this condemns only making use of the sword , either by way of private revenge , or usurping the use of it without authority ( and so condemns all tyrants ) which private subjects do not want to defend themselves , their religion & liberty ; or using it without necessity , which was not in peters case , tum quia valebat christus se ipsum defendere , tum quia volebat se ipsum tradere , pool synops. critic . in locum . christ could easily have defended himself , but he would not ; and therefore there was no necessity for peters rashness ; it condemns also a rash precipitating and preventing the call of god to acts of resistence : but otherwise it is plain , it was not peters fault to defend his master , but a necessary duty . the reason our lord gives for that inhibition at that time , was two fold ; one expressed math. . . for they that take the sword &c. which do not belong to peter , as if peter were hereby threatened ; but to those that were coming to take christ , they usurped the sword of tyrannical violence , and therefore are threatened with destruction by the sword of the romans : so is that commination to be understood of antichrist , and the tyrants that serve him rev. . . he that killeth with the sword must be killed with the sword , which is a terrible word against persecuters . the other reason is iohn . . . — the cup which my father hath given me shall i not drink ? which clearly resells that objection of christs non-resistence . to which it is answered , that suffering was the end of his voluntary suscepted humiliation , and his errand to the world , appointed by the father , and undertaken by himself ; which is not the rule of our practice : thô it be true , that even in his sufferings he left us an ensample that we should follow his steps pet. . . in many things , as he was a martyr , his sufferings were the purest rule & example for us to follow , both for the matter , and frame of spirit , submission , patience , constancy , meekness &c. but not as he was our sponsor , and after the same manner , for then it were unlawful for us to flee , as well as to resist , because he would not flee at that time . . as we are not for rising in armes for triffles of our oun things , or small injuries done to our selves , but in a case of necessity for the preservation of our lives , religion , laws , & liberties , when all that are dear to us as men and as christians are in hazard : so we are not for rising up in armes , to force the magistrate to be of our religion , but to defend our religion against his force . we do not think it the way that christ hath appointed , to propogate religion by armes : let persecuters & limbs of antichrist take that to them ; but we think it a priviledge which christ hath allowed us , to defend & preserve our religion by armes : especially when it hath been established by the laws of the land , and become a land-right , and the dearest and most precious right & interest we have to contend for . it is true christ saith , iohn . . . my kingdom is not of this world ; if my kingdom were of this world , then would my servants fight that i should not be delivered to the iewes . but this objection will not conclude , that christs kingdom is not to be defended & preserved even by resistence , of all that would impiously & sacrilegiously spoil us of it in this world , because it is not of this world : for then all were obliged to suffer it to be run doun , by slaves of hell and satan , and antichrists vassals , papists & malignants : yea magistrats were not to fight for it , for they are among his servants , if they be christians . but the good confession he witnesses here before pilat , is that he hath a kingdom , which as it is not in opposition to any cesarean majestie ; so it must not be usurped upon by any king of clay , but is specifically distinct from all the kingdoms of the world , and subordinate to no earthly power , being of a spiritual nature ; whereof this is a demonstration , and sufficient security for earthly kingdoms , that his servants as such , that is , as christians , and as ministers , were not appointed by him to propogate it by armes , nor to deliver him their king at that time , because he would not suffer his glorious design of redemption to be any longer retarded : but this doth not say , but thô they are not to propogate it as christians , and as ministers , by carnal weapons ; yet they may preserve it with such weapons as men . hence that old saying may be vindicated , preces & lachrimae sunt arma ecclesiae , prayers and tears are the armes of the church . i grant they are so , the only best prevailing armes , and without which all others would be ineffectual , and that they ( together with preaching & church discipline &c. ) are the only ecclesiastical or spiritual armes , of a church as a church , but the members thereof are also men , and as men they may use the same weapons that others do , and ye my flock the flock of my pasture are men saith the lord ezek. . . yea from this i shall take an argument : it it be lawful for private subjects , without the concurrence of parliaments , to resist a tyrant by prayers and tears ; then it is lawful also to resist him by violence ; but the former is true , as our adversaries grant by this objection , and i have proved it to be duty to pray against tyrants head . ergo — the connexion is founded upon these reasons . . this personal resistence by violence , is as consistent with that command rom. . , . let every soul be subject unto the higher powers — whosoever therefore resisteth the power resisteth the ordinance of god ; as resistence by prayer is with that tim. . , . i exhort — that — supplications — be made — for kings and for all that are in authority . if the prince be good , the one as is unlawful as the other ; and a sinful resistence of the ordinance of god ( to pray against him ) no less than the other ( to fight against him ) therefore when he becomes a tyrant & destroyer of the lords inheritance , and an apostate , as i may not pray for him except conditionally , but against him as an enemy of christ ; so i may also fight against him as such . . as adversaries themselves will grant , that resistence by prayers & tears is more powerful & effectual than the other ; so the laws of the land make the one treasonable as well as the other ; and that deservedly , when the prince is doing his duty , but when he turneth tyrant , neither can justly be condemned . these things being premitted , i shall come shortly to the purpose , and endeavour to prove this truth , , that it is a necessary duty for a community ( whether they have the concurrence of the primores , nobles & representatives or not ) to endeavour , in the defence of their religion , lives , laws , & liberties , to resist & repress the usurpation & tyranny of prevailing dominators , using or abusing their power , for subverting religion , invading the liberties , and overturning the foundamental laws of their country . wherein i shall be but short , because this truth is sufficiently confirmed by all the arguments of the second head. yet i may only hint at many other ; and prosecute them in this order . first i shall produce some arguments from the law of nature & nations . secondly from the common practice of all christian people . thirdly from express scriptures . i. the arguments of the first class are very multifarious : i shall reduce them to a few , as compendiously as may be , and only give the strength of them in a syllogistical forme , without expatiating save where the matters requires . . the greatest antagonists of this truth , through the clearness thereof are forced to assert & grant such particulars , as will by consequence justify this plea. . barclay contra monarchum . is cited by the apol. relat. and ius populi asserting , that if a king will alienate & subject his kingdom , without his subjects consent , or be carried with a hostile mind to the destruction of his people , his kingdom is actually lost , and the people may not only lawfully resist , but also depose him . grotius de jure belli lib. . cap. . asserts the same , and adds , if he but attempt to do so he may be resisted . the surveyer of nap●tali grants the same pag. , . yea this hath been granted in open court , by the council of scotland , that in case of the kings alienating his kingdoms , he may be resisted . hence ( if vendition or alienation of kingdoms , or attempts of it , do annull a kings authority ; then an alienation of them from christ , to whom they are devoted by covenant , and selling them to antichrist , as is attempted by this king , gives the people a right to resist him : but the former is here conceded : ergo — ( ) we need say no more to apply the other , that carrying a hostile mind to the destruction of the people does forfeit his kingdom , and gives the people right to resist , than that a papist is alwise known to carry a hostile mind to the destruction of protestants , and all the designs declared these years have been demonstrative efforts of it . . dr ferne acknowledgeth , that personal defence is lawful against the sudden , illegal , & inevitable assaults of the kings messengers , or of himself in so far as to ward off his blowes , or hold his hands . as also he alloweth private persons libertie , to deny subsidies & tribute to the prince , when he imployeth it to the destruction of the commonwealth . hence ( ) if one man may defend himself against the sudden , illegal , & inevitable assaults of the king or his messengers ; then may many men , in defence of their lives & liberties , defend themselves against the surprising massacres , the sudden assaults , and much more the devised & deliberate assaults of a tyrants bloody emissaries , which are illegal & inevitable , as all their furious & bloody on-sets have been : but the former is here acknowledged : ergo — ( ) if people may deny subsidies to a king when he employeth it , to the destruction of the commonwealth ; then ( as this justifies the denyal of the cess , imposed for destruction of the church & banishing of the gospel , so ) this gives them right to resist him ( for if he be the power ordained of god not to be resisted , then for this cause tribute must be paid , for they are gods ministers rom. . . and if tribute must not be paid then he is not the power ordained of god , and so may be resisted ) but the former is here allowed ; ergo — . bodin de repub. lib. . cap. . granteth , if a king turn tyrant , he may lawfully , at his subjects request , be invaded , resisted , condemned , or slain by a foraign prince . hence , if foraign princes may lawfully help a people oppressed by their oun soveraign ; then people may resist themselves , if they be able and hold in their pains : but the former is here granted : ergo — the consequence cannot be denyed , for foraigners have no more power or authority over another soveraign , then the people have themselves . . arnisaeus de author princip . c. . n. . granteth , that if the prince proceed extrajudicially , without order of law , by violence , every private man hath power to resist . so the surveyer of naphtali ubi supra grants so much of a womans violent resisting attempts , against the honour of her chastitie , and tending to ensnare her in sin , whereof her non-resistence makes her guilty . hence ( ) if every extrajudicial violence of a prince may be resisted ; then also all contrajudicial violence against law or reason must be opposed , for that is more grievous , and all their violences wherein they do not act as judges must be resisted , and that is all together , for in none of them they can act as judges : but the former is here granted : ergo — ( ) if a woman may defend her chastity against the k. lest her non-resistence make her guilty ( oh if all women had been of this mind , the country would not have been pestered so with the kings bastards ) then may a nation , or any part of it , resist a tyrants attempts upon the honour of their religion , entycing them to fornication with the mother of harlots , lest their non-resistence make them guilty : but the former is here yeelded : ergo — . that same arnisaeus cap. . saith , of the former ( to wit , he who is called a tyrant in title ) it is determined by all without any difficultie , that he may be lawfully repulsed , or if by force he be gotten into the throne , he may warrantably be thence removed , because he hath not any jot of power which is not illegitimate , and unto which resistence is forbidden for the fear of god and for conscience sake , and therefore he is no further to be looked at than as an enemy . this is so pat & pertinent to the present possessor of the government , that no words can more particularly apply it . . grotius de jure belli lib. . c. . granteth , the law of not resisting does not bind when the danger is most weighty & certain . and we do not plead for it in any other case . and further he sayes , the law of non-resistence seemeth to have flowed from them , who first combined together into societie , and from whom such as did command did derive their power : now if it had been asked of such , whether they would chuse to die , rather than in any case to resist the superior with armes ? i know not if they would have yeelded thereto , unless with this addition , if they could not be resisted but with the greatest perturbation of the common-wealth & destruction of many innocents . and afterwards he hath these words , attamen indiscriminatim dam●are aut singulos , aut partem minorem , quae ultimo necessitatis praesidio sic utatur , ut interim & communis boni respectum non deseruit , vix ausim . from which we need make no inference , the concession is so large , that it answers our case . . the surveyer of naphtali , in the place above cited , grants legal self defence against the soveraign , by way of plea in court , for safety of a mans person or estate — as also in the case of most habited , notour , & complete tyranny against law , to the destruction of the body of a people , and of all known legal liberties , and the being of religion according to law — and in case of his not being in his natural & right wits — hence ( ) if it be lawful to resist the king by a plea in law , for an estate ( yea the law will allow , by actual force , if he come to take possession of it illegally ) then it must be lawful for their lives & estates , liberties & religion , to resist him by force , when the legal resistence is not admitted : but the former , is yeelded here : ergo — the reason of the connexion is : the municipal law permits the one , and the law of nature & nations ( which no municipal law can infringe ) will warrand the other : he hath no more right to be both judge & party in this case , more than in the other : and he can no more act as soveraign in this case , than in the other . ( ) if it be lawful to resist habited , notour , & complete tyranny against law , to the destruction of the body of a people , and of all known legal liberties , and the being of religion , according to law ; then we desire no more to conclude the duty of resisting this tyranny exerced this years habitually , which the desolation of many hindered families , the banishment of many hundreds to slavery , the rivers of blood &c. have made notour to all scotland at least , and the perversion of all the fundamental laws , and all civil & religious liberties , yea the subversion of every remaining model of our religion , as reformed & covenanted to be preserved , in doctrine , worship , discipline , & government , and designs to introduce popery & establish arbitrary government , have made complete : but the former is here granted , ergo — ( ) if in the case of his being out of his wits , he should run upon an innocent man to kill him , or attempt to cut his oun throat , it were then lawful to resist him ▪ yea a sin not to do it ; then when in a rage , o● deliberately , he is seeking to destroy many hundreds of the people of god , he may be resisted : but the former is clear : ergo — . king iames the sixth , in his remonstrance for the right of kings , against the oration of cardinal perron , hath these words , the publick laws makes it lawful , and free for any private person , to enterprize against an usurper of the kingdom . then shall it not be duty , to enterprize against a man , who by the laws of the land is not capable of a right to reign , who hath got into the throne by the means of murder , and can pretend no right but that of succession , which i proved to be none , head. . however we see by these concessions of adversaries , that the absolute subjection they talk of will not hold , nor the prerogative be so incontrollable in every case , as they would pretend , and that in many cases , salus populi hath the supremacy above it , and that also in these cases the people must be judges , whether they may resist or not . . from the law of nature i may argue . . if god , the fountain of all power and author of all right , hath given unto man both the power and the right of , and reason to manage self defence , and hath no wayes interdicted it in his word to be put forth against tyrants ; then it is duty to use it against them upon occasion : but the former is true : ergo — . if this power & right were restrained in man against the unjust violence of any , it would either be by policy , or grace , or some express prohibition in the word of god : but none of these can be said : ergo — policy cannot destroy nature , but is rather cumulative to it ; a man entering into a politick incorporation , does not lose the priviledge of nature : if one particular nature may defend it self against destroying violence out of societie , then must many of these natures combined in societie have the same right , and so much the more that their relative duties superadde an obligation of mutual assistence . grace does not restrain the right of sinless nature , though it restrains corruption : but self defence is no corruption : grace makes a man more a man than he was . and nothing can be more dishonourable to the gospel , than that by the law of nature it is lawful to resist tyrants , but we are bound by religion from withstanding their cruelty : the laws of god do not interf●●e ●ne with another . . that law which alloweth comparative re-offending , so as to kill rather than be killed , teacheth resistence : but so the law of nature alloweth , except we be guilty or murder in the culpable omission of self defence . the reason is , because the love of self is nearer and greater , as to temporal life , than the love of our neighbour ; that being the measure of this : therefore it obliges rather to kill than be killed , the exigence of necessity so requiring . . if nature put no difference between the violence of a tyrant than of another man ; then it teaches to resist both alike : but it putteth no difference , but rather aggravates that of a tyrant ; being the violence of a man , the injustice of a member of the common-wealth , & the cruelty of a tyrant . and it were absurd to say , we might defend our selves from the lesser violence , & not from the greater . . if particular nature must yeeld to the good of universal nature ; then must one man , though in greatest power , be resisted , rather than the universal common-wealth suffer hurt : but the former is true ; for that dictates the necessity of the distracted father to be bound by his oun sons , lest all the family be hurt : ergo the greatest of men or kings , when destructive to the common-wealth , must be resisted ; for he is but one man , & so but particular nature . . that which is irrational , and reflects upon providence , as puting men in a worse condition then brutes , is absurd and contrary to the law of nature : but to say , that the brutes have power to defend themselves by resisting what annoyes them , and deny this power to men , is irrational and reflects upon providence , as puting men in a worse condition than brutes : therefore it is absurd , & contrary to the law of nature . . from the institution of government i may argue thus : that power and government which is not of god may be resisted : the tyrants power & government , in overturning laws , subverting religion , bringing in idolatry , oppressing subjects , is not of god : ergo it may be resisted : the major is clear , because that is only the reason why he is not to be resisted , because the ordinance of god is not to be resisted rom. . . but they that resist a man destroying all the interests of mankind , overturning laws , subverting religion &c. do not resist the ordinance of god. and if it were not so , this would tend irremedilessly to overthrow all policies , and open a gap to all disorder , injustice , & cruelty , and would give as great encouragment to tyrants to do what they lift , as thieves would be encouraged , if they knew no body would resist them or bring them to punishment . . from the original constitution of government by men , it may be argued thus : if people at the first erection of government acted rationally , and did not put themselves in a worse case than before , wherein it was lawful to defend themselves against all injuries , but devolved their rights upon the fiduuciary tutory of such , as should remain still in the rank of men , that can do wrong , who had no power but by their gift , consent , & choice , with whom they associated not to their detriment but for their advantage , and determined the form of their government , and time of its continuance , and in what cases they might recur to their primeve liberty , and settled a succession to have course not jure hereditario but jure & vi legis , for good ends ; then they did not give away their birth-right of self defence , and power of resistence , which they had before to withstand the violence , injuries , & oppressions of the men they set over them , when they pervert the form and convert it to tyranny , but did retain a power & priviledge to resist and revolt from them , and repell their violence when they should do violence to the constitution , and pervert the ends thereof : but the former is true . ergo — the minor is cleared head. . and the connexion is confirmed from this ; if the estates of a kingdom give the power to a king , it is their oun power in the fountain , and if they give it for their oun good , they have power to judge when it is used against themselves , and for their evil ; and so power to limit & resist the power that they gave . . from the way & manner of erecting governours by compact , the necessity whereof is proven head. . many arguments might be deduced ; i shall reduce them to this form : if people must propose conditions unto princes , to be by them acquiesced in & submitted unto at their admission to the government , which thereupon becomes the fundamental laws of the government , and securities for the peoples rights & liberties , giving a law claim to the people to pursue the prince , in case of fai●ing in the main & principal thing covenanted , as their oun covenanted mandatarius who hath no ius or authority of his oun , but what he hath from them , and no more power but what is contained in the conditions , upon which he undertaketh the government ; then when either an usurper will come under no such conditions , or a tyrant doth break all these conditions , which he once accepted , and so become stricto jure no prince , and the people be stricto jure liberated from subjection to him , they may & must defend themselves and their fundamental rights & priviledges , religion & laws , and resist the tyanny overturning them : but the former is true ergo — the connexion is clear : and the minor is proved head. . and at length demonstrated and applied to the government of charles the second by ius populi . cap. . see arg. . & . head. . . from the nature of magistracy it may be argued thus . that power which is properly neither parental , nor marital , nor masterly , & despotick , over the subjects persons & goods , but only fiduciary and by way of trust , is more to be resisted than that which is properly so : but that power which is properly so , that is parental power , and marital , and masterly , may be resisted in many cases : ergo that power which is not so properly , but only fiduciary is more to be resisted . that a kings power over his subjects is neither parental , nor marital , &c. is proven head. . and the major needs no probation . the minor is clear by instances . . if children may in case of necessity resist the fury of their father , seeking to destroy them ; then must private subjects resist the rage & tyranny of princes , seeking to destroy them , and what is dearest to them ; for there is no stricter obligation moral between king & people , than between parents & children , nor so strict ; and between tyrants & people there is none at all : but the former cannot be denyed : ergo — . if wives may lawfully defend themselves against the unjust violence of enraged husbands ; then must private subjects have power to resist the furious assaults of enraged tyrants , for there is not so great a tye betwixt them and people , as between man & wife ; yea there is none at all : but the former is true : ergo — . if servants may defend themselves against their masters ; then must private subjects defend themselves against a tyrant or his emissaries : but the former is true : ergo — . if the kings power be only fiduciary , and by way of paun , which he hath got to keep ; then when that power is manifestly abused , to the hurt of them that entrusted him with it , he ought to be resisted by all whom he undertook to protect : but the former is true : ergo the latter . . from in the limited power of princes it may be thus argued : if princes be limited by laws & contracts , and may be resisted by plea's in law , and have no absolute power to do & command what they will , but must be limited both by the laws of god and man , and cannot make what laws they will in prejudice of the peoples rights , nor execute the laws made according to their pleasure , nor conser on others a lawless licence to oppress whom they please ; then when they turn tyrants , and arrogate a lawless absoluteness , and cross the rules & transgress the bounds prescribed by gods law & mans law , and make their oun lust a law , and execute the same arbitrarly , they must be resisted by force , when a legal resistence cannot be had , in defence of religion and liberty : but all princes are limited &c. ergo — the minor is proved head. . and the connexion may be thus confirmed in short : that power which is not the ordinance of god may be resisted : but an absolute illimited power , crossing the rules and transgressing the bounds prescribed by gods law and mans , is not the ordinance of god : ergo it may be resisted . . further from the rule of government it may be argued several wayes . . that power which is contrary to law , evil & tyrannical , can tye none to subjection , but if it oblige to anything , it tyes to resistence : but the power of a king against law , religion , and the interests of the subjects , is a power contrary to law , evil & tyrannical : ergo — the major is plain , for wickedness can tye no man but to resist it : that power which is contrary to law evil & tyrannical is wickedness . . that power and those acts , which neither king can exerce nor command , nor others execute , nor any obey , must certainly be resisted : but such is the power and acts that oppress the subjects , and overturn religion & liberty : ergo — the minor is evident from scriptures condemning oppression & violence , both in them that command , and in them that execute the same , and also them that obey such wicked commands . the major is clear from reason : both because such power & such acts as cannot be commanded , cannot be executed , cannot be obeyed lawfully , are sinful & wicked ; and because it cannot be a magistratical power , for that may alwayes be exerced & executed lawfully . and what a man cannot command , the resisting of that he cannot punish : but acts of oppression against law , religion , & liberty , a man cannot command . ergo the resisting of these he cannot punish . . that government or administration , which is not subordinate to the law & will of god , who hath appointed it , must be resisted ; but that government or administration , which undermines or overturnes religion & liberty , is not subordinate to the law & will of god : ergo — the major is clear : for nothing but what is the ordinance of god , subordinate to his law & will , is irresistible rom. . . the assumption is undenyable . . from the ends of government , which must be acknowledged by all to be , the glory of god , and the good of mankind : yea all that have been either wise or honest , have alwayes held that salus populi est suprema lex , the arguments may run thus , in short . . that doctrine which makes the holy one to cross his oun ends in giving governours , must be absurd & unchristian , as well as irrational : but such is the doctrine that makes all kings & tyrants irresistible upon any pretence whatsoever . ergo — the minor i prove : that doctrine which makes god intending his oun glory & the peoples good , to give governours both as fathers to preserve and as murderers to destroy them , must make the holy one to cross his oun ends ; for these are contradictory : but the doctrine that makes all kings & tyrants irresistible &c. is such : for by office they are fathers to preserve , and by office also they must be murderers , vested with such a power from god actu primo , if they be irresistible when they do so ; seeing every power that is irresistible is the ordinance of god. hence also when a blessing turns a curse it is no more the ordinance of god , but to be resisted : but when a king turns a tyrant , overturning religion & liberty , then a blessing turns a curse : ergo — . means are to be resisted , when they are not useful for but destructive to the ends they were appointed for : but governours overturning religion & liberty , are means not useful for , but destructive to the ends for which they were appointed , seeing then they are neither for the glory of god , nor the good of mankind . ergo — . if all powers & prerogatives of men , are only means appointed for and should vaile unto the supreme law of the peoples safety , and all laws be subordinate to and corroborative of this law , and when cross to it are eatenus null & no laws , and all law-formalities in competition with it are to be laid aside , and all parliamentary priviledges must yeeld to this , and king & parliament both conspiring have no power against it , and no soveraign power by virtue of any resignation from the people can comprize any authority to act against it ; then it is duty to obey this supreme law , in resisting all powers & prerogatives , all laws & law-formalities , and all conspiracies whatsoever against this supreme law , the safety of the people : but the former is true , as was proven head. . ergo — . that power which is obliged & appointed to command & rule , justly & religiously , for the good of the people , and is only set over them on these conditions , and for that end , cannot tye them to subjection without resistence , when the power is abused to destruction of laws : religion , and people : but all power is so obliged & appointed : therefore whensoever it is so abused it cannot tye people to subjection , but rather oblige them to rejection of it . . from the obedience required to government , it may be argued thus . . if we may flee from tyrants , then we may resist them : but we may flee from tyrants : ergo we may resist them . the connexion i prove ( ) if all grounds of justice will warrand the one as well as the other , then if the one be duty so is the other : but the former is true : for the same justice & equity that warrands declining a tyrants unjust violence by flight , will warrand resistence when flight will not do it ; the same principle of self defence , that makes flight duty when resistence is not possible , will aso make resistence duty when flight is not possible ; the same principle of charity to wives & children , that makes flight lawful when by resistence they cannot avoid tyranny , will make resistence duty when by flight they cannot evite it ; the same principle of conscience to keep religion free , that prompts to flight when resistence will not save it , will also prompt to resist when flight is not practicable . ( ) if to flee from a just power , when in justice we are obnoxious to its sword , be to resist the ordinance of god and so sin ; then to flee from an unjust power must be also a resisting of the abusing of it , and so duty , for the one is resistence as the other , but the difference of the power resisted makes the one lawful the other not : again , if royal power may be resisted by interposing seas and miles , why not also by interposing walls & armes ? both is resistence , for against a lawful magistrate that would be resistence . ( ) if a tyrant hath irresistible power to kill and destroy the people , he hath also irresistible power to cite & summond them before him ; and if it be unlawful to resist his murders , it must be as unlawful to resist his summonds . ( ) for a church or community of christians persecuted for religion , to flee with wives & children , strong & weak , old & yong , to escape tyrannical violence , and leave the land , were more unlawful than to resist : for what is not possible as a natural means of preservation , is not a lawful mean ; but this were not a possible mean : neither is it warranted in natures law , or gods word , for a communitie or society of christians , that have gods right and mans law to the land and the covenanted priviledges thereof , to leave the country and cause of christ , and all in the hands of a tyrant & papist , to set up idolatry upon the ruines of reformation there . a private man may flee , but flight is not warranted of them as of a private single man. . if it be duty to disobey , its duty to resist tyrants , in defence of religion & liberty : but it is duty to disobey them . ergo — the connexion only will be stuck at which is thus strengthened : if subjection be no more pressed in scripture than obedience , then if non-obedience be duty , non-subjection must be so also , and consequently resistence : but subjection is no more pressed in scripture than obedience : for all commands of subjection to the higher powers as gods ministers , under pain of damnation , do only respect lawful magistrats , and in lawful things and do include obedience ; and non-obedience to the power so qualified is a resisting of the ordinance of god , as well as non-subjection : if then obedience to magistrats be duty , and non-obedience sin , and obedience to tyrants sin and non-obedience duty ; then by parity of reason , subjection to magistrats is duty and non-subjection is sin , and also subjection to tyrants is sin and non-subjection duty . . from the resistence allowed in all governments , it may be argued thus : if it be duty to defend our religion , lives , & liberties , against an invading army of cut-throat papists , turks , or tartars , without or against the magistrats warrand ; then it must be duty to defend the same against invading home-bred tyrants , except we would subscribe our selves home-born slaves : but the former is true : ergo — the minor cannot be doubted ; because the magistrats power cannot be privative & destructive to defence of our religion , lives , & liberties ; nor can it take away natures birth-right to defend these ; or make it fare the worse than if we had no magistrats at all , now if we had no magistrats at all we might defend these against invaders , and whether we have magistrats or not we are under moral obligations of the law of god to endeavour the defence of these : but this needs not be insisted on . the connexion of the proposition is clear : if princes be more tyrannical in invading religion & liberties themselves , than in suffering others to do it , or hindering them to be opposed ; and if their invasion be more tyrannical , hurtful , & dangerous than the invasion of strangers ; then if it be duty to resist strangers invading these interests , it is more duty to resist home-bred tyrants invading the same : but the former is true : therefore the latter . resisting in the one case is no more resisting the ordinance of god than in the other . . from the motives of resistence we may draw this argument , which might be branched out into several , but i shall reduce it to this complexe one : if when we are in a capacity , we cannot acquit our selves in the duties that we owe to our covenanted religion , and our covenanted brethren , and posterity , and our selves , nor absolve & exoner our selves from the sin & judgment of tyrants , who overturn religion , oppress our brethren , impose slavery on our selves , and entail it upon posterity , by a passive subjection , submission to , and not opposing these mischiefs ; then resistence is necessary : but the former is true : ergo — the connexion is clear : for there cannot be a medium ; if we cannot discharge these duties by subjection , submission , and not opposing ; then we must do them by non-subjection , non-submission , and opposing ; since they must be done some way . the assumption is thus confirmed . . the duties we owe to religion , when it is corrupted , declined from , & overturned , are not only to reforme our oun hearts & wayes , and keep our selves pure from the corruptions established , and to rebuke and witness against the complyers with the same , and so by work , doing & suffering , keep & contend for the word of our testimony ; but further , when by the constitution of the kingdom religion is become a fundamental law , and consequently the magistrate overturning it , is violating & everting the main grounds & ends of the government , and turning grassant & ingrained tyrant , especially when it is not only so authorized & confirmed by law , but corroberated by solemn vowes & covenants made & sworn unto god by all ranks of people , to maintain & defend this religion with their lives & fortunes — and resist all contrary errors & corruptions according to their vocation ; and the uttermost of that power that god puts in their hands , all the dayes of their lives , as also mutually to defend & assist one another . ( as in the national covenant ) and sincerely , really , & constantly endeavour — the preservation of the reformed religion in doctrine , worship , discipline , & government , the extirpation of poperie , prelacie &c — and to assist & defend all those that enter into the same bond in the maintaining thereof — ( as in the solemn league ) then to defend & maintain that religion and themselves professing it ; when it is sought to be razed ; this must be an interest as necessary to be defended , as that of our bodies which is far inferiour , and as necessary a duty , as to defend our natural & civil liberties from perpetual slaverie , and as preferrable thereunto , as christ interest is to mans , and as the end of all self preservation is to the means of it , the preservation of religion being the end of all self preservation : but this duty cannot be discharged without resistence , in a meer passive subjection & submission ; otherwise the same might be discharged in our universal submission to turks coming to destroy our religion . certainly this passive way cannot answer the duty of pleading for truth isai. . . seeking the truth ier. . . being valiant for it ier. . . making up the hedge , standing in the gap &c. ezek. . . which yet are necessary incumbent duties according to our capacity ; therefore we cannot answer the duties we owe to religion in a meer passive way . . the duty we owe to our covenanted brethren , is to assist & defend them , and releive them when oppressed , as we are bound by our covenants , and antecedently by the royal law of christ , the foundation of all righteousness among men toward each other , math. . . all things whatsoever ye would that men should do to yow , do ye even so to them — we would have them helping us when we are oppressed , so should we do to them when it is in the power of our hands to do it , and not forbear to deliver them for fear the lord require their blood at our hand , prov. . , . but this cannot be done by meer subjection with out resistence . . there is no way to free our selves of the sin & judgment of tyrants by meer passive subjection : we find in the scriptures , people have been so involved and punished for the sins of tyrants ; as the people of iudah for manasseh king. . . &c. ier. . . whose sins if they had not been committed , the judgments for them had been prevented , and if the people had hindered them they had not smarted ; but being joyntly included with their rulers in the same bond of fidelity to god , and made accountable as joynt principals with their kings for that debt , by their mutual as well as several engagments to walk in his wayes , they were lyable to be punished for their rebellion & apostasie , because they did not hinder it . hence some-what must be done to free our selves of their sin and to escape their judgments : but this can be nothing else but opposition to them by resistence ; or else if we make any other opposition , it will make us more a prey to their fury . ii. secondly this truth is confirmed from the common practice of the people of god , even under persecution . whence i shall draw an argument ab exemplis , which to condemn were impious , and to deny were most impudent . and for formes sake , it may run thus : what the people of god under both testaments have frequently done , in time of persecution , for defending , vindicating , or recovering their religion & liberties , may & ought to be done again in the like circumstances , when these are in the like hazard : but under both testaments , the people of god frequently in times of persecution have defended , vindicated , or recovered their religion & liberties by defensive armes , resisting the soveraign powers that sought to dostroy them : ergo this may & ought to be done again when these religious civil & natural priviledges , are in the like hazard to be destroyed by the violent encroachments of the soveraign powers . the proposition cannot be denyed , except by them that do profess themselves enemies to the people of god , and condemn their most frequently reiterated practices most solemnly & signally ouned of god , to the confusion of their enemies , to the conviction of the world , that the cause for which they contended was of god , and to the encouragment of all the patrons of such a cause , to hope that when it is at the lowest it shall have a revival & glorious issue . it is true somtimes they did not resist , when either they were not in a capacity , or did not see a call to such an action , but were extraordinarly spirited of the lord for passive testimonies under a suffering dispensation : but 't is as true , that many times they did resist , when the lord capacitated , called , & spirited them for active testimonies . and therefore , if their suffering under these circumstances may be imitated by a people so stated ; then also their actions under these other circumstances may be imitated , by a people in the like case . and by an impartial scrutiny it will be found , that the examples of their endeavoured resistence will be litle inferiour , if not superiour in number or importance , to the examples of their submissive sufferings in all ages : which will appear in the probation of the assumption , by adduction of many instances , which i shall only cursorly glean out of that plentiful harvest that histories afford . . i need only to glance at that known & famous history of the maccabees , of undoubted verity , though not of cannonical authority . in which , according to scripture predictions , we have a notable account of heroick interprizes , atchievments , & exploits , performed by them that knew their god , and tendered his glory and their religion & countries liberties , above the common catechrestick notions of incontrollable irresistible royaltie , and absolute implicite loyaltie , that have abused the world in all ages . we have there an account of the noble & successful resistence of a party of a few godly & zealous patriots , without the concurrence of civil authority , or countenance of the ephori or primores regni , against a king universally acknowledged & subjected unto , that came in peaceably , and obtained the kingdom by fl●tt●ries , with whom the greatest part and those of the greatest note took part , and did wickedly against the covenant and nations interest , and were corrupt by flatteries : yet a few priests , with the concurrence of some common country-men , did go to armes against him and them ; and the lord did wonderfully assist them for a considerable time , as was foretold by daniel . . this fell out under the persecution of antiochus epiphanes , and was happily begun by mathias a godly priest , and his five sons , who being commanded under severe certifications to worship according to the then law and the kings wicked lust , did valiantly resist that abomination , and went to defensive armes : which while living he patronized , and when adying did encourage his sons to it by a notable oration , shewing what case his country was in , and what a duty & dignity it was to redeem & deliver it . this was vigorously prosecuted by iudas maccabeus , expressly for the quarrel of religion & liberty , against that mighty tyrant & all his emissaries . . to come to the history of the gospel dispensation : it is true , in that time of the primitive persecutions under heathen emperours , this priviledge of self defence was not much improved or contended for by christians , who studied more to play the martyrs than to play the men , because in these circumstances the lord was pleased to spirit for and call them unto , and accept off their hands , passive testimonies ; while they were incorporate under a civil relation with the heathens , in subjection to governours who did not by open tyrannie overturn their civil liberties , only did endeavour to eradicate religion , which at that time had never become their right by law ; while they were scattered and out of capacity , and never could come to a separate formed community by joynt concurrence & correspondence , to undertake a declared resistence ; while religion was only a propagating through the nations , and the lord providentially did preclude the least appearance that might be of propagating it by any formed force , being the gospel of peace designed to save and not to destroy : yet even then , instances are not wanting of christians resisting their enemies , and of rescuing their ministers &c. as these are found on record . . how some inhabiting mareots , with force rescued dyonisi●● of alexandria , out of the hands of such as were carrying him away , about the year . . how about the year . the armenians waged war against maximus , who was come against them with an army , because of their religion . . how about the year . the citizens of alexandria defended athanasius their minister , against gregorius the intruded curate , and syrianus the emperours captain , who came with great force to put him in . . how about the year . the people of constantinople did in like manner stand to the defence of paulus , against constantius the emperour , and killed his captain hermogenes : and afterwards in great multitudes they opposed the intrusion of the heretick macedonius . . how , when a wicked edict was sent forth to pull doun the churches of such as were for the clause of one substance , the christians that maintained that testimony resisted the bands of souldiers , that were procured at the emperours command by macedonius , to force the mantinians to embrace the arrian heresie : but the christians at mantinium , kindled with an earnest zeal towards christian religion , went against the souldiers with cheerful minds & valiant courage , and made a great slaughter of them . . how about the year . the people of cesarea did defend basil their minister . . how for fear of the people , the lievtenant of the emperour valens , durst not execute those priests who had came to supplicate the emperour , and were commanded to be killed by him . . how the inhabitants of mount nitria espoused cyril●s quarrel , and assaulted the lievtenant and forced his guards to flee . . how about the year . when the emperour had banished chrysostome , the people flocked together , so that the emperour was necessitated to call him back again from his exile . . how the people resisted also the transportation of ambrose by the command of valentinian the emperour ; and chused rather to lose their lives , than to suffer their pastor to be taken away by the souldiers . . how the christians , oppressed by baratanes king of persia , did flee to the romans to seek their help . and theodosius , the emperour , is much praised for the war which he commenced against chosroes king of persia , upon this inducement , that that king sought to ruine & exstirpate those christians in his dominions , that would not renounce the gospel . . but when religion was once imbraced in imbodyed corporations , and established by law , and became a peoples common interest & liberty , in a capacity to defend it with their lives & other liberties , and when it was propagated through the nations : then the lord did call for other more active testimonies , in the preservation & defence of it : of which we have many instances in histories . about the year . the bohemian christians resisted drahomica their queen , who thought to have destroyed them & reintroduced paganisme . about the year . they maintained a long defensive war against the government , and the popes legats , under the managment of their brave captain zizca ; which was further prosecuted after him by the remaining thaborites . and again in this century , anno . they maintained a defensive war against the emperour ferdinand the second , electing and erecting a new king in opposition to him , frederick palatine of the rhine , in which cause many received the crown of martyrdom : and this was also espoused by king iames the . who sent to aid his son in law against the emperour . . if we look to the histories of the waldenses , these constant opposers of antichrist , we will find many instances of their resistence . about the year . very early , while waldo ( from whom they had their name ) was alive , they began to defend themselves by armes , after the bloody edict of aldephonsus king of arragon ; an edict so like to many of ours emitted this day , that as it would seem our enemies have taken the copy of it , so it were very seemly for the people grieved with such edicts to imitate the copy of the waldenses their practice , in opposition to them . anno . they resist by armes albert de capitaneis sent by pope innocent the . in pragola & frassaniere , and through out piedmont ; where for the most part the off-spring of the old waldenses had their residence , where very evidently , through many successions of ages , they shewed themselves to be the true successors of their worthy progenitors , valiant for the truth . that 's a famous instance of their resistence , in opposing vigorously the lord of trinity , in that same piedmont , at which time they so solemnly asked their ministers , whether it were not lawful to defend themselves against his violence ? who answered affirmatively . and accordingly they did it with wonderful success at that time , and many times thereafter . especially it is notour ; in the memory of this present age , how anno . a vigorous defensive war was prosecuted against the d. savoy , by their captains gianavel , iahier &c. which was espoused by many protestant princes . and no further gone than the very last year , it is known how they resisted the armes of the tyger , and the french that helped him , and that their simplicity in trusting popish promises was their ruine . . if we look over the histories of the albigenses , we find many instances of their defensive resisting their oppressing superiours . about anno . they defended themselves at beziers and carcasson , against the popes legat and his crossed souldiers , under the conduct , first of the earle of beziers , and then of the earle of foix , and earle remand of thoulouse , and were helped by the english who then possessed guienne bordering upon thoulouse : which resistence continued several years . afterwards anno . they maintained a resistence against the king of france . . in spain , we find the people of arragon contesting with alphonso d. and associating themselves together against him . and they tell pedro d. their king , that if he would not contain himself within the limits of the laws , they would pursue him by armes , about anno . as also other spaniards , who rose in armes several times against pedro the king of castile . . it was this which brought the cantons of helvetia into this state of freedom , wherein they have continued many years . for about the year . they levied war against their oppressing nobles . and anno . they joined in covenant to defend themselves against the house of austria : and anno . they renewed it at brunna , in which at length the rest of the cantons joined , and formed themselves into a common-wealth . . if we take a glance of the germans , we will find at the very commencement of the reformation , as soon as they got the name of protestants , they resisted the emperour charles the fifth . the duke of saxon , the land grave of hesse , and the city of magd●burgh , with advice of lawyers , concluded that the laws of the empire permitted resistence of the emperour in some cases , that the times were then so dangerous , that the very force of conscience did lead them to armes , and to make a league to defend themselves , though caesar or any in his name should make war against them — for since he attempteth to root out religion , and subvert our liberties , he giveth us cause enough to resist him with a good conscience : the matter standing as it doth , we may ( say they ) resist , as may be shewed both by sacred & profane histories — and so they undertooke and stated the war upon the account of religion & liberty . . if we but cast an eye over to the hollanders , we will find how much they stand obliged to this practice of defensive armes ; having thereby recovered both religion & liberty , and established themselves into a fiourishing state. we find even in the time of d. de alva's persecution , they began to defend haerlem and valenciennes in henault , and went on till under the conduct of william of nassaw prince of orange , they declared the king of spain to have fallen from the government of those countries : and so effectually shook off the yoke of spanish tyrannie . . if we go to the french hugenots , we will find many instances among them , and many brave heroes raised up , to maintain the principle and prosecute the practice thereof , of older & later date . the history of the civil wars of france is stored with their trophees ; and the memories of condie & coligni will ever be fragrant . there were many resistences there , both before & since the parisian massacre . it is sad , that the present protestants there are so far degenerate from the spirit of their ancestors . . the many practices of the hungarians , resisting the encroachments of the house of austria , prove the same . and when mathias denyed the free exercise of religion unto the protestants of austria , they took up armes in their oun defence , and sent a protestation unto the estates of hungarie , requiring their assistence , conforme to their league . and now this present war there founded upon this plea. . the polonians have often times levied war against their kings : and we are furnished by clark in his martyrol . with a late instance of their resistence against the soveraign powers , at lesita in poland anno . . the danes & swedes have not been wanting for their parts in taking course with their christierns , kings of that name , whom they resisted & punished . and generally , wherever the reformation was received , we find this principle espoused and the practice of it prosecuted . nay there hath been no nation in the world , but it will be found , they have either resisted or killed tyrants . . the most deserving & celebrated monarchs in the world , have espoused the quarrel of oppressed subjects . not only such as tamerlanc , whose observable saying is noted , when he advanced against bajazet , i go ( sayes he ) to chastise his tyrannie and to deliver the afflicted people . and philip & lewis of france , who assisted the barons of england against king iohn . and charles the great , who upon this ground undertook a war against the lombards in italie . but even constantine the great , hath it recorded for his honour , that he employed his power & force against l●cinius , upon no other motive but because he banished , tortur'd , & destroyed those christians in his dominions , that would not abandon their religion . and q. elizabeth is commended , for assisting the dutch to maintain their religion by force , when they could not enjoy it by favour . and king iames the . gave publick aid to the protestants in germany & bohemia against the emperour . against whom also gustavus adolphus marched , that he might deliver the oppressed cities from the bondage that ferdinand had brought them into . yea king charles the first , this mans father , pretended at least to help the protestants in france at ree and rochel : and though he himself was avowedly resisted by the parliaments of both ringdoms , yet he was forced to declare in his acts of oblivion & pacification , the scots late taking up armes against him , in defence of their religion , laws , & priviledges , to be no treason nor rebellion — see apol. relat. sect. . pag. . and thô the late charles the second condemned all the risings of the people of scotland for defence of religion & liberty , and their lives & priviledges , which his oun tyrannie forced them into ; yet he justified the present revolt of heathens & mahumetan subjects from the young king of bantam in iava major in the east indies , who , when he got the government in his hands by his fathers resignation , killed his subjects , and caused them to be killed without any cause , which was the reason of their revolt ftom him , and defending the father against the son : this defensive war of these subjects was justied by the said charles , in his sending amunition &c. for their relief . these , and many moe instances that might be adduced , are sufficient evidences of the righteousness and reason of such resistences , when the greatest of princes have undertakent he patrocinie of them . iii. from scripture-proofs , i shall but briefly gather some of the many that might be pressed , which being put together to me seem impregnable . i shall reduce them to these heads . . i shall aduce some practices of the lords people , frequently reiterated , never condemned , alwayes approven , confirming this point . . some severe reprehensions for their omission of this duty , in the season thereof . . some promises both of spiriting for the duty , and of countenancing it , when undertaken . . some precepts commanding such atchievments . . some prayers supplicating for them . all which put together will make a strong argument . first , for practices of this kind , there is nothing more common in scripture historie . . i shall begin at the first war that is recorded in the world : wherein some loss fell to the godly at first , but afterwards by the virtue & valour of their brethren they were vindicated , and the victory recovered with honour . lot & his family living in sodom was taken prisoner , by chedarlaomer and his confederates gen. . . but abraham hearing of it , armed his trained servants , and pursued them to dan , and rescued him vers . - . thereby justifying that rebellion of the cities of the plain , by taking part & vindicating the rebells . hence , he that may rescue subjects from the violence of any tyrannizing domination by armes , may also rise with these subjects to oppose that violence : but here is an example of that in abraham — ergo — . after the lords people were possessed of canaan , and forgetting the lord did enter into affinity with these interdicted nations , some of them were left to prove israel , that the generations of the children of israel might know to teach them war. iudg. . , . and when they did evil in the sight of the lord , he sold them into the hand of chushan-rishathaim king of mesopotamia , whom they served and were subject to eight years ver . . but when they cried unto the lord , their rebellion , shaking off that yoke , was successful under the conduct of othniel ver . . and after a relapse unto the like defection , they became subject to eglon king of moab , whom they served eighteen years vers , . but attempting the same remedy by armes , under the conduct of ehud , they recovered their liberty . and after his death , falling into that sin again which procured the like miserie , they became subject to iabin king of canaan , who twenty years mightily oppressed them iudg. . - . but by the lords commandment , under the conduct of deborah & barak , they rebelled & prevailed . whence , if the lords people , serving a soveraign domineering power , may shake off the yoke of their subjection ; then it is duty to defend themselves and resist them , for there is no other way of shaking it off : but these examples prove the former : ergo — object . if any cavil that these were not their oun kings , to whom they owed allegiance , but only invading conquerours , whom they might resist . ans. ( ) yet they were the soveraign powers for the time : and therefore , if royalists & loyalists grounds hold good , they ought upon no pretence whatsoever to have been resisted : and thô possibly they might not be by compact their oun kings , yet by conquest they were , as much as that would make them , and by their oun consent , when they paid them kings due , viz , tribute . ( ) no more are they our oun kings , who either intrude themselves into an arbitrary domination over us ( without any terms of a compact , upon a pretence of hereditary succession ) or being our covenanted kings overturn all the conditions of their compact , & degenerate into tyrants : to such we owe no allegiance , more than israel did to these dominators . ( ) i retort that old recocta crambe , who should be judge , whether they were their oun lawful kings or not ? for they acted as kings , and thought themselves their absolute lords , and gave themselves out to be such ; and yet we find an approved rebellion against them . mr gee in his magistrats original chap. . sect. . pag. . improves these instances to the same purpose , and addes neither ( as far as my observation goes ) can any immediate or extraordinary command or word for what they so did be pretended to , or pleaded from the text , for many of them , or for any save barak or gideon . . yet gideons example , thô he had an extraordinary call , cannot be pretended as unimitable on the matter ; for that was ordinary , thô the call & manner was extraordinary . he , with the concurrence of a very few men , did break the yoke of subjection , to midian iudg. . & . ch : and having called his brethren out of all mount ephraim , into a conjunction with him in the pursuit of his victory ; when he demanded supply of the princes of succoth , and of the men of penuel , and they denied it , he served them as enemies . whence , if a small party may with gods approbation deliver themselves , and the whole of their community , from the bondage of their oppressing dominators whom they had served several years , and may punish their princes that do not come out to their help , in a concurrence with them and encouragement of them in that attempt ; then must it be duty to defend themselves against their oppressours that rule over them , and all ought to concur in it ; or else there would not be justice in punishing them that were defective in this work : but we see the former from this example ergo — object . if it be said , gideon , and the rest of the extraordinary raised judges , were magistrats , therefore they might defend & deliver their country , which a private people that are only subjects may not do . i ans . ( ) they were subject to these tyrants that oppressed them , who were then the soveraign powers of that time , and yet they shook off their yoke by defensive armes . ( ) they were not the● magistrats , when they first appeared for their countries defence & deliverance , neither in that did they act as such , but only as captains of rebells , in the esteem of them that had power over them . it is clear gideon was not ruler , till that authority was conferred upon him after the deliverance . see iudg. s. . &c. yet he did all this before . . when his bastard abimelech usurped the government , and was made king by the men of schechem ; at length god sending an evil spirit between him and his complices that set him up , not only was he resisted by the treacherous shechemites ( which was their brand & bane , in the righteous judgement of god , for their aiding him at first in killing his brethren ) iudg. . ; . &c. but also he was opposed by others of the men of israel , as at thebez , where he was slain by a woman vers . . ad fin . whence , if an usurping tyrant , acknowledged as king by the generality , may be disouned by the godly , and threatened with gods vengeance to consume both him & h●s complices that comply with him ; and if he may be opposed & resisted not only by those that set him up , but also by others that were in subjection to him , and at length be killed by them without resentment of the rest of the nation ; then must it be duty for a people , who had no hand in the erection of such a dominator , to defend themselves against his force : but the former is true by this example : ergo — . when israel fell under the tyranny of ammon , oppressing them eighteen years , they did by resisting these supreme powers shake off their yoke , under the conduct of iephthah . and being challenged sharply by the men of ephraim , who it seems claimed the prerogative of making war , and therefore came to revenge & reduce iephthah & his company to order , casting herein belike a copy to our regular loyalists , who are very tenacious of this plea of the ephraimites , that at least without the primores regni no war is to be made ; yet we find iephthah did not much regard it , but stoutly defended himself , & slew of them men known by their shibboleth iudg. . if people then when questioned for defending themselves , by them that claim a superiority over them & should deliver them , may defend themselves both without them & against them ; then it is a peoples duty & priviledge : but the former is true by this example . . they were then made subject to the philistims years , whom the men of iudah acknowledged for their rulers : yet samson , that rackle-handed saint , never ceased from pelting them upon all occasions ; and when challenged for it by the men of iudah , saying , knowest thow not that the philistims are rulers over us ? what is that that thow hast done ? samson objects nothing against their being rulers ; but notwithstanding prosecutes his purpose of vindicating himself , in defence of his country , as they did unto me , sayes he , so have i done unto them iudg. . . hence , if saints may avenge themselves upon them whom the country calls rulers , and when enabled by god may do to them as they did to them ; then must it be duty for them to defend themselves against them : but the antecedent is true by this example . . when saul , in the pursuit of the philistims , had charged the people with a foolish oath ( like unto many of the ensnaring oaths that monarchs use to impose upon people ) not to eat any food until the evening , ionathan his son tasted but a litle honey and lo he must die ; which saul confirmed with another peremptory oath , god do so to him and more also if he should not die ? whereupon the people , as resolute on the other hand to save him , resisted the rage of that ruler , and swore as peremptorly that not one hair of his head should fall to the ground : so the people rescued ionathan that he died not sam. . , . hence , if people may covenant by oath to resist the commands , and rescue a man from a tyrants cruelty ; then it is duty to defend themselves against him : the antecedent is true here . . afterwards when the manner of the king , presaged by samuel was verified in sauls degeneration into many abuses of government ; this priviledge of resistence was not wholly mancipated , but maintained by davids defensive appearance with his litle army he took goliahs sword not for ornament , or only to fright saul , but to defend himself with it , and was captain first to four hundred men sam. . . had a mind to keep out ●eilah against him with men sam. . . and afterwards a great host came to him to ziklag , while he kept himself closs because of saul the son of kish chron. . . throughout ▪ where they left saul , and came & helped david against him . this is proved at length by lex rex quest . pag. . . the city abel , whither shebah the traitor had fled , did well to resist ioab the kings general , coming to destroy a whole citie for a traitors sake , and not offering peace to it ( according to the law deut. . . ) and defended themselves by gates & walls , not withstanding he had a commission from the king sam. . and after the capitulating , they are never challenged for rebellion . . the ten tribes revolted from the house of david , when rehoboam claimed an absolute power , and would not acquiesce to the peoples just conditions king. . chron. . which is before justified head. . hence , if it be lawful for a part of the people to shake off the king , refuse subjection to him , & set up a new one , when he but resolves to play the tyrant ; then it must be duty to resist his violence , when he is tyrannizing : but the antecedent is clear from this example . this is vindicated at more length by ius pop. ch. . pag. . . the example of elisha the prophet is considerable king. . . elisha sat in his house , and the elders with him ; and the king sent a man before him , but ere the messengers came to him , he said to the elders , see how the son of a murderer hath sent to take away mine head ; look when the messenger cometh , shut the door , and hold him fast at the door ; is not the sound of his masters feet behind him ? here was violent resistence resolved against both the man & the master , thô the king of the land for the time . and this calling him the son of a murderer ; and resisting him , is no more extraordinary ( thô it was an extraordinary mans act ) than it is for a plaintiff to lybel a true crime against a wicked person , and for an oppressed man to close the door upon a murderer , lex rex quest. . pag. . hence , if a king or his messenger coming to use unjust violence against an innocent subject , be no more to be regarded than a murderers emissarie , but may be resisted by that innocent subject ; then must a community of such innocent subjects defend themselves against a tyrant or his emissaries , coming against them on such a wicked errand : the antecedent is here clear . . the city libnah revolted from under iehorams tyrannie chron. . . p. martyr on the place saith , they revolted because he endeavoured to compell them to idolatrie . this is justified above head. . hence , if it be lawful for a part of the people to revolt from a tyrannical prince , making defection from the true religion ; then it is duty to defend themselves against his force : the antecedent is here plain . . when athaliah usurped the monarchy , iehojada the priest strenghtened himself , and made a covenant with the captains &c. to put her doun , and set up ioash king. . . chron. . and when she came & cried , treason , treason , they regarded it not , but commanded to kill her and all that help her . whence , if those that are not kings may lawfully kill an usurpress , and all her helpers , then may a people resist them : but iehojada though no magistrate did it . . the repressing & punishing amaziah the son of ioash is an undenyable instance , vindicated by mr knox ; see above per. . pag. . after the time that he turned away from following the lord , the people made a conspiracy against him in ierusalem , and he fled to lachish , but they sent & slew him there king. . . chron , . . hence , a fortiori , if people may conspire & concur in executing judgment upon their king turning idolater & tyrant , then much more must they defend themselves against his violence . . the same power of peoples resisting princes , was exemplified in uzziah or azariah , when he would needs be supreme in things sacred as well as civil king. . chron. . fourscore priests , that were valiant men , withstood him , and thrust him out of the temple , deturbarunt eum , saith vatablus , expulerunt eum saith ar. mont. vid. pool synopss . in loc. see this vindicated by mr knox. per. . pag. . above . hence , if private subjects may by force resist and hinder the king from transgressing the law , then must they resist him when forcing them to transgress the law of god. . after the return from the babylonish captivity when the iewes were setting about the work of building the temple , which they would do by themselves , and not admit of any association with malignants ( upon their sinister misinformation , & sycophantick accusation , that they were building the rebellious & bad city , and would refuse to pay the king toll , tribute , & custome ) they were straitlie discharged by artaxerxes to proceed in their work , and the inhibition was execute by force & power ezrah . . but by the encouragement of the prophets , haggai & zechariah , countermanding the kings decree ▪ they would not be hindered , the eye of their god being upon them , thô tatnai the governour of those parts , shetharboznai , and their companions , would have boasted them from it , with the usual arguments of malignants , who hath commanded yow to do so & so ? ezrah . . - . and yet this was before the decree of darius was obtained in their favours , ezrah . . hence , if people may prosecute a duty without & against a kings command , and before an allowance by law can be obtained ; then may a people resist their commands and force used to execute them : but here the antecedent is manifest . . when nehemiah came to ierusalem , and invited the iewes to build up the walls of the city , they strengthened their hands for that good work against very much opposition : and when challenged by san●allat the horonite , tobiah the servant the ammonite , and gesh●m the arabian . great kings-men all of them , who despise & ●oasted them , what is this that ye do ? will ye rebeli against the king ? say they . he would not plead authority , thô in the general he had the kings warrant for it : yet he would not give them any other satisfaction , than to intimate , whether they had that or not , having the call of god to the work , they would go on in the duty , and god would prosper them against their opposition , nehem. . , . and accordingly , not withstanding of all scoffs & plots & conspiracies to hinder the building , yet they went on , and were encouraged to remember the lord , & fight for their brethren &c. and to build with weapons in their hands , n●h . . and brought it to an end , notwithstanding of all their practices to fright them from it , chap. . hence , if neither challenges of rebellion , nor practices of malignant enemies who pretend authority , nor any discouragements whatsoever , should deter people from a duty which they have a call & capacity from god to prosecute , and if they may promove it against all opposition by defensive armes ; then , when a people are oppressed & treated as rebells , for a necessary duty , they may & must defend themselves , and maintain their duty , notwithstanding of all pretences of authority against them . . i shall adde one instance more , which is vindicated by jus populi , from the historie of esther . because mordecai refused to do homage to a hangman ( haman i should say ) a cruel edict was procured from ahasuerus , to destroy all the jewes , written & sealled with the kings ring , according to the laws of the medes & persians , becoming a law irrevocable & irreversible esther . . , . yet the lords providence , always propitious to his people , brought it about so , that haman being hanged , & mordecai advanced , the jewes were called & capacitated , as well as necessitated , to resist that armed authority that decreed to massacre them , and that by the kings oun allowance , esther . . when his former decree drew near to be put in execution , in the day that the enemies of the jewes hoped to have power over them , it was turned to the contrary that no man could withstand them . here they had the allowance of authority to resist authority : and this was not a gift of a new right by that grant , which they had not before ; only it was corroborative of their radical right to defend themselves , which is not the donative of princes , and which they had power to exerce & use without this , thô may be not the same capacity : for the kings warrand could not make it lawful in point of conscience , if it had not been so before . hence , if people may have the allowance of well advised authority , to resist the decree & force of unlawful authority ; then may a people maintain right authority , in defending themselves against the injuries of pretended authority : but by this instance we see , the jewes had ahasuerus his allowance to resist the decree & force of his oun ill-advised authority , thô irreversible . and hence we see , that distinction , in this point , is not groundless , between resisting the authority of supreme powers , and the abuses of the same . secundly , we have in the scripture both tacite & express reproofs , for lying by from this duty in the season thereof . . in jacobs swan-song or prophetical testament , wherein he foretells , what should be the fate & future condition of each of the tribes , and what should be remarked in their carriage influencing their after lot in their generations , for which they should be commended or discommended , approved or reproved ; coming to issachar , he prophetically exprobates his future ass-like stupiditie , that indulging himself in his lazie ease and lukewarm security , he should mancipate himself & his interests into a servile subjection unto his oppressors impos●itions , even when he should be in a capacity to shake them off , and free himself by resistence , gen. . , . issachar is a strong ass couching doun between two burdens . this is set doun by the holy ghost , as the brand & bane , not of the person of issachar jacobs son , but of the tribe , to be inured upon them , when they should be in such a concition by their oun silliness : hence i argue , if the holy ghost exprobrate a people for their stupid subjection to prevailing tyranny , when they do not improve their ability , capacity , & right to maintain & defend their liberties & priviledges ; then this implies a commanded duty to defend them , according to their capacity , from all unjust invasion : but the former is true here : therefore also the later . . in deborahs song after their victorious resistence , the people are severely upbraided for not concurring in that expedition iudg. . , , . and meroz is particularly cursed for not coming to the help of the lord , to the help of the lord against the mighty . this is recorded as a resting reproof , against all that will withdraw their helping hand from the lords people , when necessitate to appear in defensive armes for the preservation of their lives & liberties . on the other hand , zebulon & naphtali are commended for jeoparding their lives in the high places of the fields , and are approved in that practice of fighting against the kings of canaan , that then ruled over them vers . , . hence , if people be reproved & cursed for staying at home to look to their oun interests , when others jeopard their lives for their countries defence & freedom from tyrannie & oppression ; then this implies its a duty to concur in so venturing : but here , rubeen , dan , asher , & meroz , are reproved & cursed for staying at home , when zebulon & naphtali jeoparded their lives &c. ergo. thirdly , we have in the scriptures many promises of the lords approving & countenancing the duty of defensive armes even against their oppressing rulers . . in that forecited testament of the patriarch iacob , in that part of it which concerns gad , he prophecies that tribe should have a lot in the world answering his name , and be engaged in many conflicts with oppressing dominators , who at first should prevail over him , but at length god should so bless his endeavours to free himself from their oppressions , that he should overcome . there is an excellent elegancy in the original , answering to the etymology of the name gad which signifies a troop , reading thus in the hebrew , gad a troop shall overtroup him , but he shall ouertroup them at the last gen. . . and moses homologating the same testimony , in his blessing the tribes before his death , shewes that he should make a very forcible & successful resistence , and should execute the justice of the lord over his oppressors deut. . . . wherein is implied a promise of resistence to be made against oppressing conquerours , who should acquire the supreme rule over them for a time : and the success of that resistence for overcoming , necessarly supposes resistence . hence , where there is a promise of success at last to a peoples conflicts against prevailing tyrannie , there is implied an approbation of the duty , and also a promise of its performance wrapped up in that promise : but here is a promise &c. ergo — . in that threatening against tyrants , shewing how they shall be thrust away & burnt up with fire , there is couched a promise , and also an implyed precept of resisting them sam . . the sons of belial shall be all of them as thorns thrust away — with hands fenced with iron &c. which clearly implies resistence , and more than that . rejection & repression . hence , if it be threatened as a curse against rulers of belial . and promised as a blessing , that they shall be so roughly handled ; then this implies a duty to resist them , who cannot be otherwayes taken : but here this is threatened &c. . when the lord shall have mercy on iacob & choose israel , it is promised isai. . , . that they shall take them captives whose captives they were , and they shall rule over their oppressors — this necessarly implies & infers a promise of resistence against these oppressing rulers , in the time off their domineering , as well as revenge after their yoke should be broken ; and some thing of mens action as wel as gods judgement in breaking that yoke : for they could not take them captives , nor rule over them , except first they had resisted them whose captives they were : there is resisting of the supreme power , subjection whereunto was the bondage wherein they were made to serve . hence ; if it be promised , that a captivated & subjugated people shall break the yoke & free themselves of the bondage of them that had them in subjection ; then it is promised in that case , they must resist the supreme powers ; for such were they whose captives they were : the antecedent is here express . . there are promises that the lords people , when those that rule over them are incensed against the holy covenant , and when many of their brethren that should concur with them shall be frighted from their duty by fear , o r corrupted with flatterie , shall be made strong to do exploits , thô in such enterprizes they may want success for some time , and fall by the sword & flame and by captivity & spoyl many dayes dan. . - . which is very near paralel , to the case of the covenanted people of scotland their appearing in defensive exploits against their covenant-breaking rulers these many years bygone . this was very eminently fulfilled , in the historie of the maccabees , before r●hearsed . hence , if it be promised that a people shall be strong to do exploits , in resisting the armes of their rulers , opposing their covenant , and overturning their religion & liberties ; then it must be approven that such a resistence is lawful , even thô it want success : but this is here promised . to the same purpose it is promised , that after the lords people have been long kept as prisoners under the bondage of oppressing rulers , they shall by a vigorous resistence be saved from their tyrannie zech. . - . when the lord shall bend iudah for him and raise up zions sons against the sons of greece — so it was in their resistences & victories , against the successors of alexander , who had the rule over them for a time . and so it may be again , when the lord shall so bend his people for him. hence , if the lord promises to fit & spirit his people for action against their oppressing rulers , and to crown their atchievements when so fited & spirited with glorious success ; then it is their duty , and also their honour , to resist them : but here that is plainly promised . . there are promises of the lords making use of his people , and strengthening them to break in pieces the power of his & their enemies , and his defending & maintaining them against all their power & projects , when they think most to prevail over them . as is promised , in the threatened catastrophe of the babylonian usurpation ier. . - — thow art ( sayes he to israel , of whom he speaks as the rod of his inheritance in the preceeding verse ) my battle ax & weapons of war , and with thee will i break in pieces &c. whensoever this hath been or shall be accomplished ( as it may relate to the vengeance to be execute upon the new testament babylon ) it clearly implies their breaking in pieces powers that were supreme over them . hence , if the lord will make use of his peoples vindictive armes against babylon ruling over them , then he will justifie their defensive armes against babylon oppressing them : here it is promised &c. so mic. ▪ . to the end , many nations shall be gathered to defile & look upon zion , and then the lord shall give allowance & commission to his people to arise & thresh &c. what time the accomplishment of this is referred to , is not my concern to inquire : it seems to look to the new testament times , wherein the lords people shall be first in great straits , and then enlarged : but to restrict it to the spiritual conquest over the nations by the ministrie of the word ( thô i will not deny but that may be included ) seems too great a straitening of the scope , and not so apposite to the expressions , which certainly seem to import some forcible action of men , and more than the peaceable propagation of the gospel . it is usually referred to the latter dayes of that dispensation , when both the iewish & gentile zion shall be totally & finally delivered from babylon or antichristian tyrannie , before or about which period , the enemies of christ and of his people shall attempt their ultimus conatus to destroy the church groaning under their bondage ; but when they are all well mustered in a general randezvous , the lords people shall have a gallant game at the chase . but whensoever the time be of fulfilling the promise , it ensures to the people of god the success of their defensive armes against them , that pretended a domination over them . and it looks to a time , when they should have no rulers of their oun , but them under whose subjection they had been long groaning , and now brought to a very low pass : yet here they should not only resist but thresh them . hence , if in the latter dayes the people of god are to be honoured , and acted forth with such a spirit & capacity to thresh & beat doun these powers under which they have been long groaning ; then when the lord puts them in such capacity to attempt it , they should be ambitious of such a honour : but here it is promised &c. the same may be inferred from the prophets vision zech. . , . he sees four carpenters resisting the four hornes : the hornes scattered iudah , so that no man did lift up his head ; but the carpenters came to fray them , to cast out the hornes of the gentiles , which lifted up their horn over the land of iudah . these hornes had the supreme power over iudah for a time , while they were in no capacity to resist them ; but as soon as the lord furnishes them with capacity & instruments impowered to resist them , they do it effectually . the carpenters are certainly the lords people themselves ; for here they are opposite to the gentiles , which all were except the lords people . hence , if the lord promises , when reconciled to his people , to furnish them with instruments to fray & scatter the power of tyrants , who have long born doun their head ; then when they are so furnished , they may resist them : but the lord here promises that &c. this is more plainly promised also zech. . . &c. then they shall be as mighty men which shall tread doun their enemies — and the pride of assyria shall be brought doun — hence , if the lord , when he shall have mercy on his people , will bless their resistence so , as to bring doun the pride & scepter of them that had the supreme power over them ; then , in hope of such a blessing , they may attempt such a duty , when the call is clear . fourthly , we have also precepts , from whence we may consequentially conclude the approven duty of defensive armes against oppressing rulers . . the children of israel are commanded to vexe the midianites & sinite them , for saith the lord , they vexe yow with their wyles numb . . , . and to avenge themselves numb . . . which did not only oblige the people , when they had moses for their magistrate to lead them forth ; but in the dayes of gideon , when they were under their rule whom they were to avenge themselves upon . hence , if people must vexe their enemies , & avenge themselves of them , by a war offensive , when ensnared by their craftiness ; much more may they resist them by a war defensive , when invaded by their cruelty . . there is a command to pu●ish every city or party , making apostasie into idolatry deut. . - . upon this moral ground was israels war against benjamin iudg. . and their bringing amaziah into condign punishment , which is vindicated by mr knox. see above per. . pag. , . hence , if people are to bring to condign punishment idolatrous apostates seeking to intyce them ; then much more ought they to resist such tyrants seeking to inforce them to such apostasie . . there is a precept , not only to defend , but also to rescue & deliver our brethren when in hazard prov. . , . we must not for bear to deliver them when drawen to death : which will at least infer the duty of assisting them when forced to defend themselves ; for , if it be a duty to to rescue them from any prevailing power that would take their lives unjustly , much more is it duty to defend them and our selves both against their murdering violence : but it is duty to rescue them &c. . all that would learn to do well , are commanded isai. . . to relieve the oppressed : which is not spoken to magistrates only , many of whom were the oppressors , the princes were rebellious & companions of thieves vers . . so also isai. . . it is required of a people that would be accepted of god in their humiliations , to let the oppressed go free , and to break every yoke . hence , if it be duty to relieve the oppressed by breaking the yoke of them that oppress them ; then it is duty to defend them and our selves both against them that would oppress us more : but the former is here commanded : therefore &c , . there is a command for a spoyled oppressed people , when the lord is reconciled to them and sympathises with them , to deliver themselves from their rulers servitude zech. . . deliver thy self o zion which dwellest with the daughter of babylon . which comprehends all the ordinary active means of peoples delivering themselves , from oppressing powers that rule over them : and consequently defensive resistence ; for it cannot only be restricted to flight included ( vers . . ) the promise annexed ( vers . . ) imports more , when they that spoyled them shall be a spoyl to their servants : whereby it is insinuated , they were so to deliver themselves , as not only to free themselves from their servitude , but to bring their masters under subjection . hence , if the lords people , being subject to tyrants ruling over them for the time , may deliver themselves from their oppressing masters , then may they resist them & defend themselves : the antecedent is express here in the command . . there is a command given by christ to his disciples , to provide themselves with defensive weapens , necessary for their defence against them that would pursue after their lives ; as well as with other things necessary for their sustenance luk. . — now he that hath a purse let him take it and likewise his scrip , and he that hath no sword let him sell his garment & buy one . before , when he had sent them out upon an extraordinary commission , as it were to serve their apprentship in the work of the gospel , he did not allow them such sollicitous care to provide themselves , because he would give them a proof of his sufficiency to sustain & protect them , without the ordinary means of their oun diligence . but now , when he was about to withdraw his bodily presence from them , and would warn them of the discouragements they were to expect in the prosecution of their more continued work , which they had a commission for not to be retracted , he would not have them to expect provision & protection by a course of miracles , but to provide themselves with means for their sustenance , and also for their defence against the violence of men ; which chiefly was to be expected from their rulers , who would persecute them under the notion of transgressors of the laws of their kingdoms & countries . he was not indeed to make much use of them , at that time , for himself ; who was then to finish the work of redemption by suffering : only , that what was written might be accomplished in him , he would make so much use of them , as voluntarely to be involved under the censure & reproach of rebellion , being taken among men in armes , that he might be reckoned among transgressours vers . . therefore when they told him , they had two swords , he said , it is enough vers . . i need not stand upon that impertinency of a conceit , that these were spiritual swords : which deserves no confutation , being fitter to be put among quakers delirious distractions , than to be numbered among the notions of men of understanding : for then the purse and the scrip must be spiritual too ; and these spritual things must be bought by sellings of garments ; and yet they would be such spiritual tools , as would have a sharp edge for cutting off of carnal ears , and such as would be both visible & sensible ; and two of them would be enough . they were then ordinary material swords , which the lord commands his followers to provide themselves with , for their defence as men , in cases of necessity , and , when they should be in a capacity , to improve them against their murdering persecuters , against whom he gives his royal grant of resistence ; that the world may know , his subjects , thô they have more priviledges spiritual , yet they have no less humane priviledges than other men : albeit at that period of his determined suffering , he would not allow the present use of them . hence , if the lords people should provide themselves with armes of defence , thô they should be reputed transgressors for so doing ; then may they use these armes of defence , against them that persecute them under that notion : but the antecedent is clear : therefore &c. fifthly , we may infer the same truth from some of the prayers of the saints , wherein they glory in the confident expectation of the lords strengthening them , & favouring & approving their helpers , & in the experience of the lord assisting them , while in the mean time constitute in a formed appearance of resistence . i shall only hint these . . in that prayer psal. . . they glory in hope that through the lord they will push doun their enemies &c. yet now they were under the power of tyrannizing dominators which they were resisting : for vers . . they complain they were put to shame , because the lord went not forth with their armies , & they which hated them spoyled them — and for his sake were killed all day long : hence they plead , that the lord would awake — and not forget their affliction & oppression . whereby it is evident , they were under the yoke of tyrannizing powers , and resisting according to their might . which , by whomsoever or upon what occasion soever the psalm was compiled , shewes , that no want of success in resisting tyrants , can mar the saints faith in pleading for the lords assistence & approbation of the duty . hence , they that in faith may pray for & boast of their treading doun their tyrannizing powers . that rise up against them , may also in faith attempt the resisting of them in their oun defence : but here the lords people did the former . . we find david under sauls persecution , while he had a party of . men to defend himself against his rage , in the psalmes which he composed upon that occasion , not only complaining of oppressors , but encouraging himself in the faith that god would be with them that assisted him , in his essay of defending himself , and imprecating destruction to saul & his complices ; that the lord would cut them off in his truth , and let him see his desire upon them psal. . , . ult . and psal. . . and psal , . throughout , and psal. . , . he imprecates against the head of them that compassed him about , and consequently against saul . whence i argue . . if the lords people , conflicting with & encompassed with oppressing rulers as so many lyons & dogs , may pray & praise for the help of those that assist them , in their endeavours of self-preservation from them ; then may they make use of their help for their defence , for which they pray & praise : but here we see the lords people did the former : therefore they may do the latter . . if we may pray against kings , and for preservation from them ; then may we defend our selves against them , and endeavour the means of that preservation for which we pray . the connexion is before cleared : yet here i adde ; that which will give a dispensation from our duty of praying for them , will also dispense from the duty of being passively subject to their will ; and consequently will allow defending our selves from their violence : but here we see tyrannie & treacherie , and designed mischief will give a dispensation from our duty of praying for them , thô that be duty as indispensable as subjection . again , if any thing demur us from resisting of princes , it must be respect to their majestie , and the character of the lords anointing upon them : but we see , no respect to that will demur a believer from praying in faith against them : therefore no such respect will hinder , but that he may defend himself against his violence . and indeed , if we consider it right , if the impression of any majestie god hath put upon princes should bind up our hands from any resistence , it will restrain from prayer-resistence : for , if that impression have any force at any time , it must be when a man is most solemnly stated before god , and speaking to god as a christian , rather than when he is acting as a man with a man like himself : and as prayer-resistence is the more formidable & forcible resistence than any other ( as this saul , and many other kings , have found by their woful experience ) so it is more restricted than other resistence ; for , we may defend our selves against many whom we must not pray against , to wit , our private enemies , for whom we are commanded to pray ; yet no body will deny but we may resist their violence : and likewise , we are commanded to pray for kings , when invested with gods authority : but when their degeneration looses us from that obligation to pray for them , and allowes us to pray against them when they turn enemies to god ( as we see in the prayers of the psalmist ) then also we may more warrantably resist them by defensive armes . . among the halle-luyahs , in the end of psalmes , there is one calcula●e for the prevailing time of the church , when the lord shall take pleasure in his people . in that time of the saints being joyful in glory , when they may glory in the rest & security the lord will vouchafe upon them , they are prophetically & very pathetically excited to praise prayer-wise psal. . . to the end . let the high praises of god be in their mouth , and a two edged sword in their hand — to bind their kings with chains — to execute upon them the iudgement written ; this h●nour have all the saints , halle-lujah . this was their praise & honour , when they were brought in to execute vengeance upon the kings & nobles of 〈◊〉 . this also in davids time was the ambition and also the attainment of the saints , in their triumphant victories over many of their oppressors round about them . but it looks to a further & more famous execution of vengeance upon the tyrants of the earth , when they shall have long kept under the church of god , & at length the lord shall give his people a capacity to break their yoke : which , when ever it shall be , shall be their honour . hence , if it be the honour of the saints , when the lord puts them in capacity , to execute vengeance upon their enemies , thô they be kings that oppress them ; then it may be their ambition to seek it , at least they may resist them . thus from several scripture practices , reproofs , promises , precepts , & prayers , this truth may be proven : from which scriptures , though other precious truths are more natively deduced , yet this truth by unstrained & unconstrained consequence may be also clearly inferred . head . vi. the sufferings of some , upon the account of extraordinary executing of iudgement upon notorious incendiaries & murdering publick enemies by private persons in the circumstances wherein they were stated , vindicated . surely ( saith solomon ) oppression maketh a wise man mad , as on the other hand , a gift destroyeth the heart . which , whensover there is a concurrence & verification of both together , makes it very incident , and no wayes to be admired , that either some actions of the oppressed be censurable ; or that there be found many to censure them , either out of ignorance , or prejudice , at a far off glance , which a nearer & narrower inspection of circumstances , through a prospect of charity , would not so readily condemn . when the oppression of tyrants comes to such a hight & pinch of extremity , that it not only threatens a community with desolation , but induces a necessity of unavoidable dissolution , and reduces a people to such a paroxisme of desperation & consternation ( in respect of humane deliberation bringing them to their wits end ) that either they must succumb as slaves , and mancipate consciences , persons , liberties , properties , and all they are or have , to the lust of raging tyrants and their revening emissaries ; or surrender themselves , and their posterity , and which is dearer the interest of religion , to be destroyed : then it is no wonder , that they be sometimes necessitated in such an extremity ; extremis malis extrema adhibere remedia , and forced to fall upon such expedients to prevent their utter extermination , as at other times common order , and ordinary justice would make extravagant . yea it is no marvel , thô they fall into several real extravagances , which are not to be justified nor extenuated ; but rather it is to be acknowledged , as a miracle of the lords mercy , that in such a case they are restrained from more scandalous excesses of that nature . yet even then , such as live at ease , free of oppression , who are blinded with prejudice at the oppressed , and bribed with the indulgence & lenity of the oppressours towards themselves , will look upon these actions as transports of madness , and effects of extravagant zeal , while they weigh them only in the scales of ordinary justice , and do not ponderate them in the ballance of necessitated virtue ; nor perpend the circums●ances which made those extraordinary acts of judgement , which materially are lawful at all times to be executed by some , to be then necessary acts of justice to be inflicted by them in such a case . but if either the oppressours themselves ; or such who are blinded & bribed with their gifts and killed with their kindness , not only into an omission of concurring , but into a condemning of such extraordinary attempts of taking off those destroyers ; or if on-lookers at a distance , would seriously consider , and ingenuously declare their opinion in a particular application of the case to themselves , what they would do in such circumstances : i doubt not , but as charity should oblige them to be sparing of their censures , in a case whereof they have no experience ; so justice , in resolving this point for themselves , would constrain them to justify such extraordinary necessitated practices for self preservation , in preventing perishing by destroying their destroyers , and move them rather to admire their patience , who have suffered so much and so long those beasts of prey to devour them , than to censure their precipitancies , in being constrained to endeavour to deliver themselves at last from , and put an end to their cruelty who did most annoy them . yea ( as naphtali sayes very well ) it were impossible that rational men , after the feeling of so sore grievances , and the teaching of so many & sad experiences , should still couch under the burden , and submit themselves to the yoke of such vile apostate upstarts and bloody villains , and not rather acquit themselves like men , by pulling off these vizards , under which they mask their villanies and clock their violence ; and plucking them out of that sanctuary of loyaltie , and refuge of authority , which they do not more pretend than profane by all their horrid rebellion against god , and cruel murders executed upon the lords people , to the effect that in the righteous & deserved punishment of these wicked men , both the sin of the land might be sisted , and the fierce anger of the lord averted , naph . prior edit . pag. . nevertheless such lawful , and ( as one would think ) laudable attempts , for cutting off such monsters of nature , beasts of prey , burdens to the earth , as well as enemies to the common-wealth , are not only condemned as murders & horrid assassinations , but criminally & capitally punished as such . and upon this account , the sufferings of s●ch , as have left a conviction upon the consciences of all that knew them , of their honesty , integrity , soundness , in the principles , and seriousness in the practice of religion , have been several , singular , and signally severe ; and ouned of the lord to the admiration of all spectators : some being cruelly tortured & executed to the death , for essaying such execution of judgement , as mr mitchel ; others for accomplishing it , as mr hackstoun of rathillet , and others , who avowed their accession to the cutting of that arch-traitor sharp , prelat of st andrewes ; and others for not condemning that and the like acts of justice , thô they were as innocent of the facts as the child unborn . the foregoing historical representation of the matters of fact , doth clear the circumstances of the actions : which , if ever any of that nature performed by private men without publick authority , could be justified , will at least demur the condemning of them . for , the men , or rather monsters , thus removed , had not only been perjured apostates from , and conjured enemies against god , in a conspiracy with the devil to destroy the reformation and the remnant that professed it , affronted blasphemers , perfidious betrayers of the country , and enemies to the commonweath , malignant incendiaries , and habitual murderers of many of the lords people , who for many notorious crimes had forfeited their lives to justice ; but were insolently prosecuting their murdering designs , informing the council , and instigating them against innocent people to destroy them utterly , procuring from them bloody orders to spare none but cut off all who might fall into their hands , and vigorously & vigilantly with all violence pursuing their murdering mandats , both in their oun persons , and by villains whom they hounded out as intelligencers to get & to give notice where any of those people might be detected , whom they vowed ( and avowed a design ) to destroy , when in the heat & hight of their rage they were cut off . the actors were no wayes subject to them , nor any other way related than declared & independent enemies are to one another , having renounced all relation to them and their masters as magistrats or their superiours ; and were in no terms of peace with them , but maintaning an hostile opposition , and carrying without cessation , armes to resist them ; and when they got that advantage over them , that these enemies were seeking against them , they declared solemnly to them , and dyed declaring it to the world , that they were not moved out of private revenge for personal injuries they had done against themselves , but being touched with the zeal of god , love to their country , respect to justice trampled upon by tyrants , and for saving themselves , rescuing their brethren , and preventing their murthering them , because there were none that would or could execute justice upon them legally , therefore they were forced to put forth their hands against them as enemies , with whose preservation their oun could not consist . their circumstances were such , that they were redacted to the greatest of extremities , precluding all other humane possibility of preserving themselves and their brethren from the destruction intended , and declaredly resolved , and restlessly sought & prosecuted , by these murderers : being persecuted to the death by them , daylie chased , hunted , way-laid , turned out of their oun habitations , intercommuned , discharged & denyed all harbour in any house , under the hazard of the same pains that themselves were lyable to , which was death by the present law , and so forced to hide in caves & dens ; out of which they durst not come forth , if it were but to seek bread for themselves , without eminent danger of their lives ; the country raising the hue & cry after them , whensoever they were seen , whereby many were killed as soon as they were apprehended : hence they could neither escape in the land , nor by flight out of the land , all passages by sea & land being stopt , and none suffered to go any where , without strict examination what they were , which was impossible for them to elude : and many other specialities of miserie & danger were ingredients in their circumstances , that no words can represent to them that are altogether strangers to them . wherefore in such a strait & pinch of perplexity , when they could not otherwise escape the fury of these firebrands , nor demur & deter the rest of them from an uncontrolled pursuit after the lives of innocents , nor otherwise avert the wrath of god against the land for the impunity of such vermine ; and seeing there was no access to address themselves to magistrats , who by office are obliged to bring such villains to condign punishment , and none were found in publick authority but such as patronized & authorized them , whom in conscience they could not acknowledge , and in prudence durst not make application to them for fear of their lives ; what could they do ? what was left them to deliberate , but to fall upon this extraordinary course ; wherein if they have stumbled into some extravagancies , as to the manner , who can think it strange , considering the case ? but as that is not the debate ; so as for such acts of vengeance as are peccant in the matter , and were not circumstantiate as above rehearsed , being disouned in their publick declarations , and the actors excluded from their communion for whom i plead ; it were iniquous to impute the scandal of them to that suffering people . it is only the so circumstantiate , necessitated , extraordinary execution of judgement , upon notoriously gross & grassant incendiaries , tyrants , and terrible murdering enemies , when there is no living for them , that i vindicate . and thô the handling of this tender & quick-sented subject may seem odious to some , and my discourse upon it as pregnant with an oblique design ; to obivate such unmerited surmises , i must say , it is only the wiping off of such reproaches as reflect on religion , the vindication of preterite extraordinary practices of this nature , the investigation of present duty with respect to future emergencies , and the restraining all extravagancies incident in this head , that i intend . however this may be exploded by this generation as odious & un-couth doctrine , yet in former periods of this church it hath been maintained with courage , & asserted with confidence . how the ancient scots , even after they received the christian faith , served their tyrants and oppressours , how in the begining of the reformation the killing of the cardinal , and of david rizio , were and are generally to this day justifed , and what was the judgement & pleading of our reformers for practising this principle against idolaters &c. needs not be here repeated : mr knox's judgement in particular is before declared , and will be further discovered , if we consider how he resented his slackness , in puting people to execute judgement in these words , insert in second part of the cloud of witnesses pag. . for god ( said he ) had not only given me knowledge , and a tougne to make known the impiety of the idol , but had given me credit with many , who would have put in execution gods judgements , if i would only have consented thereto : but so careful was i of the common tranquility , and loath was i to offend some , that in secret conference with zealous men , i travelled rather to slacken that fervency god had kindled in them , than to animate & encourage them to put their hands to gods work ; wherein i acknowledge my self to have done most wickedly , and from the bottom of my heart i do ask god pardon , that i did not what in me lay to have suppressed that idol in the begining . but the preceeding historical representation doth abundantly demonstrate this is no noveltie , to assert , that when the ruine of the countrie , suppression of religion , destruction of the remnant professing & suffering for it , and the wrath of god is threatened in & for the impunity of idolaters & murderers , that by the law of god & man should die the death , and supposing alwayes such as are in publick office not only decline their duty , but encourage those destroyers , yea authorize them themselves ; we may not only maintain defensive resistence according to our capacity , but endeavour also vindictive & punitive force in executing judgment upon them in cases of necessity , as before circumstantiate . and ● am the more confident to assert it , that what i say cannot be condemned , till first what our reformers have proven be confuted . however to endeavour to make it some what clear , i shall first premit some assertions , to clear the state of the question : and then give some reasons for it when clearly stated . first , it will be needful for clearing our way , to shew what length we may warrantably go in this matter of executing judgment , in our private capacity , in extraordinary cases of necessity , by setting doun some propositions negative & positive : signifying what we disoune , and what we oune in this point . i. what we disoune , may appear in these assertions . . no necessity not circumstance supposible whatsoever , can justify the murder of the righteous or innocent , or vindicate the unlawful taking away of their life directly or indirectly , immediately or mediately , which in thought as well as deed we must abhor , as a horrid breach of the sixth command . the guilt whereof may be incurred several ways ; as by killing them immediately , as cain did his brother abel ; or commanding them to be killed , as saul commanded doeg to kill the lords priests ; or contriving their murder , as david did uriahs , and iezebel naboths ; or counselling thereunto , as the people advised the princes to the murder of ieremiah , and all that cryed crucifie iesus were murderers of christ ; or by procuring it , as haman was guilty of the intended murder of the iewes ; or concurring therein , as ioab was guilty of uriahs death as well as david , and iudas of christs by betraying him ; or by the patrocinie thereof , defending & sparing the murderers ; when called by office to punish them , as david was guilty in not punishing ioab , ahab in patronizing the murder of naboth ; or by consenting thereunto , as saul consented to the death of stephen ; or by knowing & permitting , & conniving at it , as is condemned prov. . , . whether this be done under colour of law , as pilate murdered our lord , herod killed iames ; or without all colour , by absolute power , as herod the ascalonite murdered the infants ; or whether it be done by purpose , as ioab murdered abner & amasa ; or without previous purpose , yet with knowledge of the action in the perpetrating of it , as men may do in passion when provoked beside their purpose , or in a tumult without intending it before hand , yet that is murder , barabas committed murder in the insurection . for , as for casual killing contrary to intention without knowledge , that 's no breach of the command . and , whatever may be said of necessitated delivering up the innocent , pursued by a potent enemy , to deliver the city from his fury ; or of prefering our oun life to our innocent neighbour , in a case when both cannot be preserved , and by preserving the one lawfully the other happens to lose his life ; i do not medle with these cases . but since this is taken for granted by casuists , i infer , if it be lawful that an innocent man die in case of necessity , that others may be preserved ; then much more is it lawful , that the nocent wo are guilty of murdering the righteous all these wayes above specified , and actually prosecuting their murdering designs by these methods , should rather be made to die than the righteous be destroyed . but of this sort of murder , taking away the life of the righteous , none hath the impudence to accuse that reproached people . . thô a man kill an innocent unwittingly & unwillingly , besides his knowledge and against his will ; yet he may be guilty of sinful homicide , if he was obliged to know that he was in hazard of it , and neglected to consider , lest a man might be killed by what he was doing : as if a man should shoot at random , when he doth not know but some may be killed thereby ; or if one were hewing with an axe , which he either knew or might have known to be loose , and the head not well fastened to the helve , did not advertise those about him of it , if by flying off it happened to kill any person , he were not innocent , but if he knew not without any inadvertency , then he were guiltless , deut. . . see durham on . com. so if a man built a house without battlements , he should bring blood upon his house , if any man fell from thence deut. . . but of this the question is not . . thô a person be not altogether innocent , nor to be reckoned among the rigtheous ; but suppose him wicked & profane , and engaged in an evil course , dishonourable to god , prejudicial to the church & kingdom , and very injurious to us : yet it may be murder to kill him , if he be not guilty of crimes that deserve death by the law of god : for the life of man is not subjected to the arbitrement of any , but his who is the author of life & death : it s necessary to all to obey the law , thow shalt not kill , without exception , but such killing as is approven by the author of the law , as saith ames●de consciencia cap , . quest . , hence , this people so much reproached with extravagant actions , do abundantly clear themselves of that imputation of being of the mind to kill all that differ from them , which was the impudent forgerie of the father of lies , in their informatory vindication head. . pag. . we positively disoune ( say they ) as horrid murder , the killing of any because of a different perswasion or opinion from us , albeit some have invidiously cast this odious calumny upon us . and it is as clear , they that took the oath of abjuration swore a lie , when they abjured the apologetical declaration , in so far as it asserted it was lawful to kill all imployed in the kings service , when it asserted no such thing , as is shewed above head. . to think so much , let be to declare it , far more to practise such a thing against all that served the king , or any meerly because they served him , or because they are in a wicked course , or because they have oppressed us , were abominable : for these things simply do not make men guilty of death , to be punished capitally by men according to the law of god. but when they are stated in such opposition to us , and serve the tyrants murdering mandats by all those wayes above specified ; then we may by the law of god and nature and nations destroy , slay , and cause to perish , and avenge our selves on them that would assault us and are seeking our destruction , as it was lawful for the iewes to do with hamans emissaries esther . . , . & . , , . this charge then cannot reach the case . . thô murderers , and such as are guilty of death by the law of god , must be punished by death , for he that sheddeth mans blood by man must his blood be shed : yet it may be murder for a man to kill another , because he thought him so criminal , and because he thought it his duty , being moved by a pretended enthusiastical impulse , in imitation of the extraordinary actions of such as were really moved by the spirit of god. as when iames & iohn would have commanded fire to come doun to consume the samaritans , the lord rebuked them , saying , ye know not what manner of spirit ye are of , for the son of man is not come to destroy mens lives but to save them luk. . - . such impulses had need to be well examined , for ordinarly they will be found not consistent with a gospel spirit , which is alwayes averse from act of cruelty . blind zeal sometimes may incite men to fearful work : yea the persecuters have often most of that spirit , as our lord foretells , the time cometh that whosoever killeth yow shall think that ●e doth god service iohn . . . paul in his pharisaical zeal breathed out slaughter against the disciples . and satan can drive men under several colours , to act such things , as he did the bours in germany , and iohn of leyden and his followers , whose practices are deservedly detested by all that have any spark of christianity or humanity : for if this were espoused as a principle , there would be no security for mens lives . but hence it cannot be concluded , that god may not animate some to some rare enterprises , for the cutting off of tyrants and their bloody emissaries , incendiaries , destroyers of innocent people , and puting an end to and stoping the career of their murders , in a time of real extreame necessity , the matter of the action being unquestionably lawful , their ends & intentions really good & commendable , there being also a deficiency of others to do the work , and themselves in some probable capacity for it . see ius popul . cap. . pag. . neither can it be denyed , but true zeal may sometimes incite people to such exploits , for the preservation of religion & liberty , their oun lives and brethren , all like to be destroyed by the impunity of beasts of prey . this will be found very consistent with a gospel spirit : and though this principle be asserted , and also put in practice , all persons notwithstanding thereof would have sufficient securitie for their life , except such as hath really forefeited their lives by all law of god & man. those that are led by impulses , may pretend the imitation of extraordinary examples and abuse them ; yet hence it will not follow , that in no case these extraordinary examples may be imitated . shall the examples of good magistrats , executing justice on idolaters & murderers , be altogether unimitable , because tyrants abuse them in persecuting the innocent ? if this arguing were good , it would make all vertuous actions in the world unimitable ; for these may be abused by pretenders . see ius popul ▪ ubi supra pag. . but it cannot be charged upon the sufferers upon this head , that they had nothing to give as the reasons of their actions but pretexts of enthusiasmes . . thô a man be really so criminal , as tha● he deserves death by the law of god & man ; yet it may be murder to kill him , if we do not certainly know it , and can prove it , and convict him of it upon tryal : for no man must be killed indictâ or incognitâ causâ . thus even magistrats may murder murderers , when they proceed against them without probation or cognition according to law , far more private persons . thus the abiezrites would have murdered gideon , not only unjustly for his duty of throwing doun the altar of baal , but illegally , because they would had him brought out that he might die without any further tryal iudg. . , . so likewise the iewes that banded & bound themselves under a curse to kill paul before he was tried , would have murdered him , not only unjustly for his duty , but illegally before he was tried act. . . but this doth not condemn the actions of those sufferers , in maintaining the necessary execution of judgement , upon persons who are notorious murderers , yea professing a trade and prosecuting habitually a tract of continued murdering the people of the lord. . thô it should be certainly known , and sufficiently proven , that a man is a murderer &c. yet it were murder for an inferiour , under a relation of subjection to him , to kill him , as long as that subjection were acknowledged : for whensoever the common & mutual right or relation , either natural , moral , civil , or religious , to the prejudice or scandal of the church or state or particular persons , is broken by killing any person , that is murder ; thô the person killed deserve to die . as if a subject should kill an acknowled king , a son by nature or in law should kill his natural or legal father , a servant should kill his master , breaking these relations , while their right & tye were acknowledged ( as some of them must still be acknowledged as long as the correlates continue in being , to wit , that of a father is not broken by his becoming a murderer ) and to the danger , detriment , & scandal of the church & state ; that were properly assassination : for assassines are they , who being subject to others , either out of their oun head for their oun ends , or by command of their superiours , kill their superiours , or such as they command them to kill , as alstedius describes them theolog. cas. cap. . de homicid . reg . . therefore david would not kill saul , because he acknowledged him to be the lords anointed , to whom he was under a relation of subjection ; and because he was his master and father in law ; and because it would have tended to the hurt of the kingdom , and involved it in combustions & contentions about the succession , and prejudged his oun right , as well as to the scandal of the people of god , thô saul deserved otherwise to be capitally punished . so ishbosheth was killed by baanah & rehab sam. . . so iozachar & iehozabad who killed ioash king. . . were punished as murderers chap. . . because they were his servants , and did assassinate him to whom they were subject . so the servants of amon were punished by the people , as conspirators against their king & master king. . , . though amon deserved to have been punished as well as amaziah was . hence generally it is observed by some , that thô right be given to equals or superiours to bring their nearest relations to condign punishment , when they turn entycers to idolatry deut. . . yet no right or jus , upon any cause or occasion whatsoever , is given to inferiours , as children &c. to punish their fathers . see pool . synop. critie . in locum . however it be , this cannot condemn the taking off of notorious murderers , by the hand of such as were no way subject nor related to them , but as enemies , who in extreame necessity executed righteous judgement upon them , without prejudice of the true necessary & chief good of the church & commonwealth , or of any particular persons just right & security , as napthali qualifies it pag. . . prior edit . . thô the matter of the action were just , and the murderer such a person as we might punish , without any breach of relative obligations or duties ; yet the manner may aggravate it to some degree of murder ; if it be done secretly , when it may be execute publickly ; or suddenly & precipitantly , when it may be done deliberately , without rushing upon such an action , or hurrying the murderer to eternity , as this also might have had some weight with david not to murder saul secretly & suddenly in the cave , or when he was sleeping , so ishbosheth and io●sh and amoa were murdered ; or if it be done subtilly , when it may be performed in more plain & fair dealing ; or teacherously , under colour of friendship ; or cruelly without regard to humanity ; and especially when the actors are at peace with the person , whose blood they shed , as ioab shed the blood of war in peace king. . . in killing abner & amasa so craftily & cruelly ; and absalom made his servants assassinate amnon sam . , . but this cannot be charged upon them , who executed righteous judgement , as publickly , deliberately , and calmely , as the extraordinary exigence of pressing necessity , in extremity of danger , could allow , upon notorious murderers , with whom they were in open and avowed terms of hostility . . thô the manner also be inculpable ; yet if the principle and motive of killing , even those that deserve to die be out of malice , hatred , rage , or revenge , for private or personal injuries , it is murder . for the affection & intention doth make one and the same action of taking away the life , homicide or no homicide , as lex rex saith quest. . pag. . if a man out of hatred deliberately take away another mans life , he is a murtherer eatenus ; but if that same man had taken away the others life , by the flying off of his axe head , he neither hating him before nor intending to hurt him , he is no murtherer by gods express law , allowing cities of refuge for the one , and not for the other deut. . . deut. . . &c. private revenge is indignity to god , whose it is to take vengeance deut. . . rom. . . dearly beloved avenge not your selves , for vengeance is the lords . for which cause iacob curses simeon & levi their murder of the schechemites , for in their anger they slew a man gen. . , . so david would not put forth his hand against saul , for his oun private & personal quarrel . so ioab killed abner , and absalom amnon . but this doth not make the execution or judgement , out of zeal for god , respect to righteousness , love to the nations interest , and care to preserve the persecuted people of god from imminent destruction , upon publick enemies incendiaries , that are trampling upon all these precious interests , and threatening the utter ruine of them , and in a particular manner their destruction who thus prevent them . . thô the motive or cause were upon a publick account , yet it may be murder to have a wrong end in it : as either to intend simply the destruction of the person on whom they execute judgement , as the end to which all their action is directed , or to make their oun advantage or honour the end of the action . thus david would not kill saul , because it might have been thought he did it to obtain the kingdom , of which he was rightfull successor : and deservedly he punished the amalekite , that brought newes of his killing saul ; and baanah & rechab , for their killing ishbosheth , thinking thereby to advance themselves at davids court. so also ioab murdered amasa to secure himself in the generals place . and iehu , though upon the matter he executed righteous judgement , his end was only himself , it is condemned as murder . but when the execution of righteous judgement is both formally intended by the actors , and natively & really doth conduce to the glory of god , the preservation of the remnant threatened to be destroyed by these murderers , the suppressing of impiety , doing of justice , turning away wrath , and removing of present and preventing of future judgments , then it may be duty naph . pag. . prior edit . . thô the end also were not culpable ; yet it may be murder to kill criminals by transgressing the sphere of our vocation , and usurping upon the magistrats sword : for he by office is a revenger , to execute wrath upon him that doth evil rom. . . none must make use of the sword of vindictive justice , but he to whom the lord giveth it , therefore they that came to take christ are condemned & threatened for this math. . . all they that take the sword shall perish with the sword . the god of order hath assigned to every man his station & calling , within the bounds whereof he should keep , without transgressing by defect or excess , let every man abide in the same calling wherein he was called cor. . . and study to be quiet and do his oun business thess. . . therefore david would not kill saul , because he would have done it beside his calling . and therefore the killing of ioash and amon was murder , because the assassines did transgress their vocation . but when notorious incendiaries do not only transgress their vocation , but the limits of humane societie , and turn open enemies to god & man , destroying the innocent , making havock of the lords heritage , and vaunting of their villanies and boasting of their wickedness , and thereby bringing wrath upon the land if such effrontries of insolence should pass unpunished , and when there is no magistrate to do that work of justice , but all in that p●ace are airt & part with them , patrons & defenders of them , yea no magistrate that can be acknowledged as a minister of god to be applied unto ; in that case , it is no a transgression of our vocation , nor an usurpation upon the magistrats , where there is none , to endeavour to avert wrath , by executing righteous judgement . otherwise if for fear , or suspicion of the accidental hazard of private mens usurping the office or doing of the duty of publick persons , every vertuous action which may be abused shall be utterly neglected , impiety shall quickly gain universal empire , to the extermination of all goodness naph . pag. . prior edit . to clear this , it must be considered , that a mans calling is two fold ; his particular calling , whereunto in the ordinary course of things he is regularly confined ; and his general calling , not circumscribed by particular rules , which from the common obligation of the end for which all callings are institute , in the clear exigence of an extraordinary emergent , according to the general rules of righteousness , bind to an aggreeable practice : therefore circumstances may sometimes so diversitie actions , that what in the ordinary & undisturbed state of things would be accounted an excess of our particular calling , & an usurpation , in an extraordinary occurrence may become a necessary duty of our general calling . . thô it were no usurpation beyond our calling ; yet it may be murder , to kill any without the call of god in a case of necessity , either in tute●â vitae proximâ , or though it be remotâ when the hazard is unavoidable . every thing must have gods call in its season to make it duty , so also the time of killing eccles. . . for want of this , david would not kill saul . lex rex saith excellently to this quest. . pag. , . david might have killed saul when he was sleeping , and when he cut of the lap of his garment , but it was unlawful for him to kill the lords anointed , as it is unlawful to kill a man because he is the image of god gen. . . except in case of necessity — david having saul in his hand , was in a remote posture of defence , the unjust invasion then was not actual , nor unavoidable , nor a necessary mean in humane prudence for self preservation ; for king saul was not in an actual pursuit of the whole princes , elders , community of israel ; saul did but seek the life of one man david , and that not for religion , or a national pretended offence , and therefore he could not in conscience put hands on the lords anointed , but if saul had actually invaded david for his life , david might in that case make use of goliahs sword ( for he took not that weapon as a cypher to boast saul ) and rather kill then be killed : thus he . by a call here we do not mean an express or immediate call from god , such as the prophets might have to their extraordinary executions of judgement , as samuel & elijah had to kill agag and baals prophets : but either the allowance of man , then there is no question about it ; or if that cannot be had , as in the case circumstantiate it cannot , then the providential & morall call of extream necessity , for preservation of our lives , and preventing the murder of our brethren , may warrant an extraordinary executing of righteous judgement upon the murderers . men may have a call to a necessary duty , neither every way mediate nor immediate , as the call of runing together to quench a fire in a city , when magistrats through wickedness or negligence will not or do not call people forth unto that work ; they have not mans call , nor an immediate call from heaven , yet they have a lawful call from god : so they do not intrud upon the magistrats office , nor want they a call to this execution of judgement , who do materially that work for that exigent which magistrats by office were bound to do , being called thereto by god , by nature , and the call of inevitable necessity , which knoweth no h●mane law , and to which some divine positive laws will cede . ius populi cap. . pag. . . thô this be a principle of reason & natural justice , when all the forementioned circumstances are clear , that it is lawful for private persons to execute righteous judgement , upon notorious incendiaries and murdering publick enemies , in cases of necessity : yet it might be a sinful breach of the sixth command , to draw extraordinary examples of it to an ordinary practice in killing all who might be found criminal , and would deserve death by the law , as all that have served under a banner of tyrannie & violence , displayed against god & his people , to the ruine of the reformation , wasting of the country , oppression of many honest families , and destruction of many innocent people , are and would be found guilty of murder ; as the chief captain would have truly alledged paul to have been a murderer , if he had been the egyptian which made an uproar , and led out four thousand men that were murderers act. . . as for the vulgar & ordinary sort of those vermine of varlets , it is of no advantage for oppressed people to foul their fingers upon them , when their slaughter would not put a stop to , but rather encrease , the destruction of the people of god ; and were unlawful to prevent & anticipate the due & legal execution of justice , where there is any prospect or expectation of its runing in its right channel . but for the chief & principal ring-leaders , and common publick & habitual incendiaries , and masters of the ●rade of murdering the lords people , when there is no other way of being rid of their rage , and preserving our selves and preventing the destruction of our brethren , we may in that case of necessity make publick examples of them , in an extraordinary procedure against them , that may be most answerable to the rules of the ordinary procedure of justice , and in imitation of the heroick actions recorded and justified in the word of god , in the like extraordinary cases ; which are imitable , when the matter of their actions is ordinary , that is , neither preternatural nor supernatural thô the occasion was singular , just and necessary , both by divine precept , and as a mean to good & necessary ends , and when there is no other to do the work , nor any prospect of access to justice in its ordinary & orderly course , nor possibility of suspending it till that can be obtained . we need not then any other call than a spirit of holy zeal for god , and for our oun & our brethrens preservation , in that pinch of extremity . we do not hold these extraordinary actions for regular & ordinary precedents , for all times & persons universally : which if people should fancy , and heed more the glory & fame of the action , than the sound & solid rule of the scriptures , they may be tempted & carried to fearful extravagances . but they may be warrants , for private persons in their doing of these things , in an extreame necessity , to which at other times they are not called . and when the lord , with whom is the residue of the spirit , doth breath upon his people moe or fewer , to the exciting of more than ordinary zeal , for the execution of justice upon such adversaries , we should rather ascribe glory & praise to him , whose hand is not shortened , but many times chooseth the weak & foolish things of the world to confound the mighty & the wise , than condemn his instruments for doing such things naph . pag. , . prior edit . all these cases , which are all i can think on at present , comprehending all that may any way infer the guilt of murder , i have collected ; to the end i may conclude this one argument , and leave it to be considered : if this extraordinary executing of judgement , upon notorious incendiaries and murdering publick enemies , by private persons , in the circumstances above declared , cannot be reduced to any case that can infer the guilt of murder ; then it cannot be condemned but justified : but this extraordinary executing of judgement &c. cannot be reduced to any case that can infer the guilt of murder ( as will appear by the induction of all of them ) ergo this extraordinary executing of judgement &c. cannot be condemned but justified . ii. in the next place , what we oune may be done warrantably in taking away the life of men without breach of the sixth command , will appear by these propositions & assertions , which will bring the matter to the present circumstantiate case . . it is certain , thô the command be indefinitely expressed , it doth not prohibite all killing , but only that which is condemned in other explicatorie commands . our lord jesus repeating this command , explains it by expressing it thus , math. . . — thow shalt not murder . and if any be lawful , it is granted by all , that is , which is unavoidable by the invincible necessity of providence , when a man following his duty doth that which beside & contrary his intention and without any previous neglect or oversight in him , proveth the hurt & death of another , in which case he was allowed to flee to the city of refuge by the law of god. whence if that physical necessity did justify that kind of killing , shall not a moral necessity every way invincibly unavoidable ( except we suffer our selves and our brethren to be destroyed by beasts of prey ) vindicate this kind , in an extraordinary extremity , when the murderers are protected under the sconce of pretended authority ? in which case the law of god would allow deliberate murderers should be pursued by the avenger of blood , and not to have liberty to flee to these subterfuges and pretexts of authority ( meer tyranny ) but to be taken from the horns of such altars , and be put to death , as mr mitchel sayes in vindicating his oun action , in a letter dated feb. . . it is lawful to take the life of known & convicted murderers by publick justice : yea it is indispensably necessary by the law of god , and no mercy nor pardon of the magistrate may interpose to spare them ; for , whoso killeth any person the murderer shall be put to death by the mouth of witnesses — ye shall take no satisfaction for the life of a murderer — but he shall surely be put to death , he was not to be admitted to the benefit of any refuge : and the reason is , blood defiles the land , and the land cannot be cleansed of the blood that is shed therein , but by the blood of him that shed it numb . . , , , . hence if it be so necessary to cleanse the land , then when the magistrate is not only negligent in his duty , but turns a patron & protector of such murderers , and imployes them as his emissaries to murder & destroy , it cannot be expected he should cleanse the land , for then he should free it of the burden of himself , and begin with himself : therefore then there must be more incumbent upon private persons , touched with the zeal of god , than at another time . and as mr knox in his conference with queen mary , sayes they that in the fear of god execute judgement where god hath commanded , offend not god thô kings do it not : and adduces the examples of samuel killing agag , elias killing the prophets of baal , and of phineas killing zimri & cozbi . . it is lawful for private persons to kill , in moderamine inculpatae tutulae , their unjust assaulters , in defending themselves against their violence , and that both in tutela vitae proxima , in the immediate defence of our life against an immediate assault , in the instant of the assault , and also in tutela remotâ in a remote defence of our selves , when that is as necessary as the first , and there is no other way of escaping the destruction intented by murtherers , either by flight or resistence ; then it is lawful to preserve our selves by taking advantages to cut them off . . it is lawful in a just war to kill the enemie ; yea in the defensive war of private subjects , or a part of the commonwealth , against their oppressing tyrants , as is proven head. . where several of the arguments used to evince that truth will confirm this : as namely those arguments taken from the peoples power in reformation , and those taken from the hazard of partaking of others sin & judgment . for if all the magistrats , supreme & subordinate , turn principal patrons and patterns of all abominations , and persecuters and destroyes of the people for not complying with them , then the people are not only under an obligation to resist them ; but seeing otherwise they would by lyable to their sin , in suffering them thus to trample on religion and the interests of god as well as their oun , in order to turn away the wrath of god , it is incumbent upon them to vindicate religion , and reform the land from these corruptions , in an endeavour to bring those malignant enemies of god and destroyers of the people to condign punishment , that the heads of the people being hanged up before the lord against the sun , the fierce anger of the lord may be turned away from the land numb . . . in this case , as buchannan sayes of a tyrant , de jure regni , a lawful war being once undertaken with such an enemy as a tyrant is , every one out of the whole multitude of mankind may assault with all the calamities of war a tyrant , who is a publick enemy , with whom all good men have a perpetual warfare . and thô the war ●e not alwayes actually prosecute in a hostile manner , yet as long as peace is not concluded and the war ceased , they that have the just side of the quarrel may take advantages in removing & taking off ( not every single souldier of the contrary side , for that would contribute nothing to their prevailing in the end ) but the principal instruments & promoters of the war , by whose fall the offending side would suffer great loss , and the defending would be great gainers . so iael killing sisera iabins captain-general , is greatly commended . now this was the case of the sufferers upon this head , as mr mitchel one of them represents it , in his fore-cited letter i being ( sayes he ) a souldier , not having laid doun my armes , but still upon my oun defence , having no other end nor quarrel at any man — besides the prosecution of the ends of the covenant , particularly the overthrow of prelats & prelacy ; and i being a declared enemy to him ( that is sharp ) on that account , and he to me in like manner , i never found my self obliged — to set a sentinel at his door for his safety , but as he was alwayes to take his advantage , as it appeareth , so i of him to take any opportunity offered ; moreover we being in no terms of capitulation , but on the contrary , i by his instigation being excluded from all grace & favour , thought it my duty to pursue him at all occasions . . it is lawful to kill enemies in the rescue of our brethren , when they are keeping them in bondage , and reserving them for a sacrifice to the fury of tyrants , or leading them forth to the slaughter , or in the time of acting their murdering violence upon them , then , to break prisons , beat up garrisons , surprise the murderers , and kill them in the rescue of our innocent brethren , is very lawful , according to that command prov. . , . and the practice of moses , who seeing one of his brethren suffering wrong , he defended him , and avenged him that was oppressed , and slew the egyptian act. . . for that is a certain truth , which grotius saith in locum , jus naturae dat innocenti & innocentem tutanti jus in nocentem . hence it cannot but be lawful also , in a case of necessity , when both our selves and our brethren are pursued incessantly by destroying murderers , to avenge our selves on them , and slay them , when there is no other way to be rid of their violence . . it is lawful to prevent the murder of our selves or our brethren , when no other way is left , by killing the murderers before they accomplish their wicked design , if they be habitually prosecuting it , and have many times accomplished it before . this followeth upon the other : and upon this account it had been duty for gedaliab to have suffered i●banan to slay ishmael , and so prevent the governours murder , if it had been certainly known that ishmael was sent by the king of ammon to assassinate him ier. . , . for nothing is there objected against the lawfulness of the thing , but only it was alledged that he spoke falsly . alstedius asserts this theol. cas. de h●micidio reg . . pag. . licitum est praevenire eum qui vult invadere , & praeveniendo occidere antequam invadat , si necessarium est praevenire , quia aliter vita propria defendi non potest nisi preveniendo . it is lawful to prevent him that would assault us , and by preventing to kill him before his invasion , if it be so necessary , to prevent him , that our life cannot be otherwise defended but by preventing . and hence he justifies that saying , licitum est occidere insidiantem , it is lawful to kill him that lyeth in wait to murder , ibid. this is all the length that the reproached sufferers , whom i am vindicating , go in asserting this principle , as may be seen in their informatory vindication head . pag. . where they say , we maintain it as both righteous & rational , in defence of our lives , liberties , & religion , after an orderly & christian manner , to endeavour by all means lawful & possible , to defend our selves , rescue our brethren , and prevent their murder , in a martial opposition against wicked persecuters , who are seeking to destroy them & us , and imbrue their hands in our blood , according to the true import of the apologetical declaration . which is very rational . especially considering . . these murderers , who are thus to be prevented , are such whom the law of god commands to be put to death , and no where allowes to be spared being publick enemies to god and good men , open blasphemers , avowed idolaters , affronted adulterers , notorious murderers , habitual tyrants , suppressing religion , oppressing the innocent , and professing a trade of destroying the lords people . surely if god hath expressly in his laws provided , that blasphemers , idolaters , murderers &c. should not be suffered to live , he never intended men dayly guilty , yea making profession of these crimes , should be allowed impunity , either by virtue of their office , or because there is none in office to execute judgement upon them ; but in a case of extreame necessity these laws will not only allow but oblige people , dayly murthered by them , for their oun preservation , for vindication of religion , for purging the land of such wickedness , for turning away the wrath of god , to prevent their prosecuting their murdering designs any further , and put a stop to their persecution by puting an end to their wicked lives . seeing , as buchannan sayes de jure regni , it is expressly commanded to cut off wickedness & wicked men , without any exception of rank or degree , and yet in no place of sacred scripture are tyrants more spared than private persons . much less their bloody emissaries . now seeing all these cases of killing i have collected , are justifyable in scripture , and none of the sufferers upon this head whom i am vindicating , have exceeded in principle or practice the amount of these assertions , what is said already may have some weight to demur a censorious condemnation of them . but as the true non-conformist well observes , in answer to dial. . pag. . seeing the consideration resulting from the concurrence of all circumstances , whereupon the right dignoscing of such deeds when actually existent doth mostly depend , doth more contribute to the clearing & passing a judgement on a case of this nature , when the whole contexture is exposed to certain examination , than to set doun general rules directive of such practices ( which yet will all justify this in question ) therefore to clear the case further , all may be resolved into this state of the question . whether or not private persons , incessantly pursued unto death , and threatened with ineluctable destruction by tyrants and their emissaries , may , to save themselves from their violence in case of extreame necessity , put forth their hand to execute righteous judgement upon the chief & principal ringleaders , instruments , & promoters of all these destructive mischiefs & miseries , who are open & avowed enemies to god , apostates , blasphemers , idolaters , tyrants , traitors , notorious incendiaries , atrocious murderers , and known and convict to be publick enemies , prosecuting their murdering designs notourly & habitually , and therefore guilty of death by all laws of god & man ; and in such an extraordinary case , put them to death who have de jure forefeited their lives to justice , when there is no access to publick justice , nor prospect of obtaining it in an orderly way , nor any probability of escaping their intended destruction , either by flight or resistence , if they be past longer unpunished ; and so deliver themselves from their murdering tyranny , while they are under no acknowledged subjection to them , nor at peace with them , but maintaining a defensive resistence against them ; and in this extraordinary execution of justice , being not chargable with ignorance of matters of fact so manifest , nor mistake of circumstances so palpable , nor with malice rage or revenge against their persons for private & particular injuries , nor with enthusiastick impulses pretended as their rule , nor with deceit or treacherie in the manner , nor with any breach of relation or obligation , nor usurpation upon or prejudice to any lawful right whatsoever in the matter , nor with any selfish or sinistrous ends in the design ; but forced to performe this work of judgement , when there is none other to do it , out of zeal for the glory of god , care of the countries good , love to their brethren , sense of their oun danger , & respect to justice ; to the end , that by the removal of these wicked destroyers , their war against the prevailing faction of their malignant enemies may be more successfully maintained , their religion , lives , laws , & liberties more securely defended , their brethren rescued , their murder prevented , impietie suppressed , the land cleansed from blood , and the wrath of god averted ; that this is the true state of the question , the preceeding assertions all comprehended here do make it evident . to which i answer in the affirmative . and shall come to give my reasons . secondly , then i shall offer some reasons for this , first from some grounds & hypotheses of reason : then more expressly from scripture proofs . i. there may be some arguments offered from the dictates of natural reason . which i shall but only glance at . . i premit the consideration of the practice of all nations , even such from whom patterns have been taken for government , and who have had the most polite & purest policy , and have been the severest animadverters upon all extravagants & transgressers of their vocation : yet even among them , for private persons to destroy and rid the common-wealth of such burdens , and vile vermine so pernicious to it , was thought a virtue meriting rather commendation , than a thing to be condemned . i shall not here instance the laudable practices recorded in scripture : these may be seen in their oun place . neither do i speak of ruder nations , among whom this is a rel●ct of reason , not of ruderness : as the oriental indians have a custome , whenever any person runs a muck , that is , in a revengeful fury takes such a quantity of opium , as distracts them into such a rage of mad animosity , that they fear not to assault ( which is the common operation of that potion there ) and go through destroying whom they can find in their way : then every man armes against him : and is ambitious of the honour of first killing him : which is very rational , for otherwise no man could be safe ; and it seems to be as rational , to take the same course with our mad malignant mucks , who are drunk with hellish fury , and are runing in a rage to destroy the people of god whom they can meet with . but all the nations where the best policy was established , have been of this mind . in greece publick rewards were enacted to be given , and honours appointed by several cities , to those that should kill tyrants , from the mightiest of them to the meanest ; with whom they thought there was no bond of humanity to be kept . hence thebe is usually commended for killing her husband , timoleon for killing his brother , because they were pernicious & destructive to the common-wealth : which , thô it seem not justifyable , because of the breach of relation of natural subjection , yet it shewes what sentiments the most politick nations have had of this practice . as also among the romans , cassius is commended for killing his son , and fulvius for killing his oun son going to catiline , and brutus for killing his kinsmen having understood they had conspired to introduce tyranny again . servilius ahalas is commended for killing even in the court sp. melius , turning his back and refusing to compear in judgement , and for this was never judged guilty of bloodshed , but thought nobilitate by the slaughter of a tyrant , and all posterity did affirme the same . cicero , speaking of the slaughter of cesar , stiles it a famous & divine fact , & positum ad imitandum . sulpitius asper , being asked , why he had combined with others against nero , and thought to have killed him ? made this bold reply , that he knew not any other way to put a stop to his villanies , and redeem the world from the infection of his example , and the evils which it groaned under by reason of his crimes . on the contrary , domitius corbulo is reprehended by all , for neglecting the safety of mankind , in not puting an end to nero's cruelty , when he might very easily have done it : and not only was he by the romans reprehended but by tyridates the persian king , being not at all afrayed lest it should afterward befall an example unto himself . when the ministers of cajus caligula , a most cruel tyrant , were with the like crueltie tumultuating for the slaughter of their master , requiring them that killed him to be punished , valerius asiaticus the senator cried out aloud , i wish i had killed him , and thereby both composed their clamour & stopt their rage . for there is so great force in an honest deed ( saith buchannan de jure regni , relating this passage ) that the very lightest shew thereof , being presented to the minds of men , the most furious assaults are allyed , and fury will languish , and madness it self mu●t acknowledge the soveraignity of reason . the senate of rome did often approve the fact , thô done without their order oftentimes by private hands : as upon the slaughter of commodus , in stead of revenging it , they decreed that his carcass should be exposed and torn in pieces . sometimes they ordered before hand to have it done ; as when they condemned didimus iulianus , they sent a tribune to slay him in the palace : nay they have gone so far , as in some cases to appoint reward for such as should kill those tyrants that trampled upon their laws , and murdered virtuous & innocent people ; as that sentence of the senate against the two maximim doth witness , qui cos occiderit proe●ium merebitur . buchannan ubi supra , rehearsing many instances of this nature , gives reasons of their approvableness . and these i find here and there scattered , in his book de jure regni . . they that make a prey of the common-wealth , are not joined to us by any civil bond or tye of humanity , but should be accounted the most capital enemies of god and of all men . . they are not to be counted as within humane societie , but transgressors of the limits thereof ; which who so will not enter into , and contain himself within , should be taken & treated as wolve● , or other kinds of noysome beasts , which whosoever spares he preserves them to his oun destruction , and of others , and whosoever killeth doth not only good to himself , but to all others , and therefore doth merit rather reward than to be condemned for it . for if any man , divested of humanity , should degenerate into such crueltie , as he would not meet with other men but for their destruction ) as the monsters i am speaking of could meet with none of the party here treated on , but to this effect ) he is not to be called a man , no more than satyres , apes , or bears . . it is expressly commanded to cut off , wickedness & wicked men , without any exception of rank or degree : and if kings would abandon the counsells of wicked men , and measure their greatness rather by duties of virtue , than by the impunity of evil deeds ; they would not be grived for the punishment of tyrants , nor think that royal majestie is lessened by their destruction , but rather be glad that it is purged from such a stain of wickedness . . what is here to be reprehended ? is it the cause of their punishment ? that is palpable : is it the law which adjudges them to punishment ? all laws were desired as necessary for repressing tyrants ; whosoever doth condemn this must likewise condemn all the laws of nations : is it the person executing the laws ? where will any other be found to doe it , in such circumstances . . a lawful war being once undertaken with an enemy for a just cause , it is lawful not only for the whole people to kill that enemy , but for every one of them : every one therefore may kill a tyrant , who is a publick enemy , with whom all good men have a perpetual war-fare . meaning , if he be habitually tyrannical , and destructive to the people , so that there is no living for good people for him : otherwise , thô a man by force or fraud acquire soveraignity , no such violence is to be done to him , providing he use a moderate way in his government , such as vespasian among the romans ; hiero in syracuse . . treason cannot be committed against one who destroyes all laws and liberties of the people , and is a pernicious plague to the common-wealth . . such is the force of this truth in the case circumstantiate ; that it extorts the acknowledgment of the greatest authors , ancient & modern , domestick & forreign , and even of all rational royalists , ( as mr mitchel sayes in his post-script to the forecited letter ) that it is lawful for any private person to kill a tyrant sine titulo and to kill tories or open murderers as devouring beasts , because the good of his action doth not only redound to the person himself , but to the whole common-wealth , and the person acting incurs the danger himself alone . tertulltan , though a man loyal to excess , sayes , every man is a souldier enrolled to bear armes against all traitors & publick enemies . the ancient ecclesiastical historian , sozomene , relating the death of iulian , and intimating that he was supposed to have been slain by a christian souldier , addes , let none be so rash as to condemn the person that did it , considering he was ●us couragious in behalf of god & religion . sozom. hist. lib. . cap. . barcla●us , a great royalist , saith , tyrannos ut hostes publ●s , non solum ab universo populo , sed a singulis etiam , impeti caedique jure optimo posse , tota antiquitas ceasuit . that tyrants as publick enemies may be attacqued , and lawfully slain , not only by all the people but every one of them , all antiquity judged . grotiue de jure be●i lib. . cap. . saith , 〈◊〉 & cui juris gentium requisita non adsint , imperium arripuerit , ●●que pactio u●a sequuta sit , aut fides illi data , sed sola vi re●●●tur possessio , videtur manere bellis jus ; ac proinde 〈◊〉 eum 〈◊〉 quod in hostem licet , qui a quolibet , etiam pri●ato jure , po●est interfici . yea king iames the . in his r●m●●strancs for the right of kings , sayes , the publick laws makes it lawful and free for any private person to enterprize against an usurper . divines say the same . chamier tom. . lib. . cap. . sect. . cives omnes jus habent insurgendi contra tyrannos . aisted . theolog. gas. cap. . reg . . pag. . tyrannum absque titulo , qui est invasor , quilibet pr. vatus potest & debet ● medio tollere , quia patriam hostiliter invadit . and cap. . reg . . pag. . licitum est privato cuivis occidere tyrannum , qui injuste invadit dominium . but dr ames . de cons●tentia lib. . cap. . de homicidio quest . . asserts all that is here pleaded for in terminis quest. . an aliquando licet occidere hominem authoritate privata ? resp. aliquando licet occidere nulla publica cognitione precedente , sed tum solum , quando causa evidenter postulat ut hoc siat , & authoritas publica non potest implorari : in isthoc enim casu , privatus publice minister constituitur , tam n●●tu dei , quam omnium hominum consensu . he propones the question : if sometimes it be lawful to kill a man by private authority ? he answers , it is sometimes lawful to kill another without publick cognition , proceeding , but then only when the cause doth evidently require it that it be done , and publick authority cannot be implored ; for in that case any private man is constitute in stead of a publick minister of justice , both by gods allowance , and by the consent of all men . these propositions carry such evidence in them , that the authors thought it superfluous to confirme them , and sufficient to affirme them . and from any reason that can be adduced to prove any of these assertions , it will be as evident that this truth i plead for is thereby confirmed , as that it self is thereby strengthened . for it will follow natively , if tyrants and tyrants sine titulo , be to be thus dealt with ; then the monsters of whom the question is , those notorious incendiaries and murdering publick enemies , are also to be so served : for either these authors assert the lawfulness of so treating tyrants sine titulo , because they are tyrants , or because they want a title : if the first be said ; then all tyrants are to be so served ; and reason would say , and royalists will subscribe , if tyrants that call themselves kings may be so animadverted upon , because of their perniciousness to the common-wealth by their usurped authority , then the subordinate firebrands that are tho immediate instruments of that destruction , the inferior emissaries that act it and actually accomplish it in murdering innocent people , may be so treated ; for their persons are not more sacred than the other , nor more impunible : if the second be said , it is lawful to kill them because they want a title ; then it is either because they want a pretended title , or because they want a real & lawful one : the latter is as good as none , and it is proved head. . arg. . that no tyrants can have any : the former can not be said , for all tyrants will pretend some , at least before they be killed . . but thô some of these great authors neither give their reasons for what they assert , nor do they extend it to all tyrants that tyrannise by virtue of their pretended authority , yet it will not be difficult to prove , that all great & small that murder , destroy , and tyrannise over poor people , are to be punished , though they pretend authority for what they do . and hence , if all tyrants , murderers , & destroyers of mankind ought to be punished ; then when it cannot be done by publick authority , it may be done by private : but all tyrants , murderers , & destroyers of mankind , ought to be punished : ergo — the minor is manifest from the general commands of shedding the blood of every man that sheds● it gen. . . of puting to death whosoever killeth any person numb . . , . of respecting no mans person in iudgement deut. . . and universally all penal laws are general without exception of any , for under that reduplication of criminal transgressing those laws , under that general sanction , they are to be judged ; which admits of no partial respect : for if the greatest of men be murderers , they are not to be considered as great , but as murderers ; just as the meanest are not to be considered as mean or poor , but as murderers . but i need not insist on this , being sufficiently proved head. . arg. . and through out that head , proving that tyrants can have no authority . and , if they have no authority , then authority ( which they have not ) cannot exempt them from punishment . the connexion of the major proposition may be thus urged : when this judgement cannot be executed by publick authority , either it must be done by private authority in case of extreame necessity , or not at all : for there is no medium but either to do it by publick authority , or private : if not at all , then the land must remain still defiled with blood , and cannot be cleansed numb . . . then the fierce anger of the lord cannot be averted numb . . . for without this executing of judgement , he will not turn it away ier. . . then must murderers be encouraged by their impunity to make havock of all according to their lust , besides that poor handful who cannot eschape being their prey , as their case is circumstantiate . besides , this is point blank contrary to these general commands , which say peremptorely , the murderer shall be put to death , but this supposed case when publick authority will not or cannot put them to death , sayes , they shall not be put to death . in this case then i demand , whether their impunity is necessary , because they must not be put to death ? or because they cannot be put to death ? to say the latter , were an untruth : for private persons can do it , when they get access , which is possible : if the former , then it is clearly contradictory to the commands , which say , they must be put to death , excepting no case , but when they cannot be put to death . if it be said , they must not be put to death , because the law obliges only publick authority to execute judgement . to this i reply . . i trust to make the contrary appear from scripture and by . . if the law obliges none but those in publick authority to execute judgement , then when there is no judgement execute , it must be the sin of non but those in publick authority : and if it be only their sin , now comes others to be threatened & punished for this , that judgement is not executed ? if they must only stand by and be spectators of their omissions unconcerned , what shall they do to evite this wrath ? shall they exhort them ? or witness against them , but that more than all this is required is proved before several times , where this argument of peoples being punished for the sin of their rulers hath been touched . . then when there is no authority , it must be no sin at all that judgement is not executed , because it is the sin of none : it can not be sin , except it be the sin of some . . what if those in publick authority be the murderers ? who shall put them do death ? by what authority shall judgement be execute upon them ? whither publick or private ? publick it cannot be : for there is no formal publick authority above the supreame , who are supposed the party to be punished : if it be by the radical authority of the people , which is the thing we plead for , then it is but private , as that of one party against another : the people are the party grieved , and so cannot be judges : at best then this will be extrajudicial executing of judgement . and if the people may do it upon the greatest of tyrants , then a part of them who are in greatest hazard may save themselves from those of lesser note , by puting them to death : for if all the people have right to punish universal tyrants , because they are destroyers of all ; then a part hath right to punish particular tyrants , because they are destroyers of them , when they cannot have access to publick authority , nor the concurrence of the whole body . . let these murderers & incendiaries be considered , either as a part of the community with them whom they murder & destroy , or not : if they be a part , and do belong to the same community ( which is not granted in this case , yet let it be given ) then when the safety of the whole or better part , cannot consist with the sparing or preserving of a single man , especially such an one as prejudges all and destroyes that better part ; he is rather to be cut off , than the whole or the better part be endangered : for the cutting off of a contagious member that destroyes the rest of the body , is well warranted by nature , because the safety of the whole is to be preferred to the safety of a part , especially a destructive part : but now who shall cut it off ? since it must be cut off , otherwise a greater part of the body will be presently consumed , and the whole endangered . it is sure the phisicians duty : but what if he will not ? or can not ? or there be no phisician ? then any that can may & must : yea one member may in that case cut off another . so when either the magistrate will not , or dare not , or does not , or there is none to do this necessary work of justice , for the preservation of the community ; any member of it may rather prevent the destruction of the whole , or a greater part , by destroying the murdering & destructive member , than suffer himself & others to be unavoidably destroyed by his being spared . if they be not within , or belonging to that societie , then they may be dealt with & carried towards as publick enemies & strangers , and all advantages may be taken of them in cases of necessity , as men would do if invaded by turks or tartars . . let it be considered , what men might have done in such a case before government was erected , if there had been some publick & notour murderers still preying upon some sort of men . certainly then private persons ( as all are in that case ) might kill them to prevent further destruction . hence if this was lawful before government was established , it cannot be unlawful when people cannot have the benefit of the government ; when the government that is , instead of giving redress to the grieved & oppressed , does allow & impower them to destroy them : otherwise people might be better without government than with it , for then they might prevent their murderers by cutting them off . but so it is that this was lawful before government was established . for let it be adverted , that the scripture seems to insinuate such a case before the flood . cain , after he murdered his brother , feared that every man that found him should slay him gen. . . if he had reason to fear this , as certainly he had , if the lord had not removed that by proroguing the execution of vengeance upon him , for his greater punishment and the worlds more lasting instruction , and by seting a mark upon him , and inhibiting under a severe threatening any to touch him ; then either every man that should have killed him was the magistrate ( which were ridiculous ) or every man was every & any private person universally , which might have killed him if this inhibition had not past upon it . anisworth upon the place sayes , that among the ancient romans every one might kill without a challenge , any man that was cursed for some publick crime , and cites dyonis . halicarnas . l. . and so cain spoke this from a dictate of nature and a guilty conscience . . at the erection of government , thô the people resign the formal power of life & death and punishing criminals over to the governour , constitute by them ; yet as they retain the radical power & right virtually , so when either the magistrats neglects their duty of vindicating the innocent and punishing their destroyers , or impowers murderers to prey upon them ; in that case they may resume the exercise of it to destroy their destroyers , when there is no other way of preventing or escaping their destructions : because extremis morbis extrema remedia . in an extraordinary exigent , when ahab & iezebel did undo the church of god , elias with the peoples help killed all baals priests against and without the kings will , in this case its evident the people resumed their power , as lex rex saith quest. , pag. . there must be a court of necessity , no less than a court of justice , when it is in this extremity as if they had no ruler , as that same learned author sayeth quest. . pag. . if then the people may resume that power in cases of necessity which they resigned to the magistrate ; then a part may resume it , when a part only is in that necessity , and all may claim an interest in the resumption , that had an interest in the resignation . . especially upon the dissolution of a government , when people are under a necessity to revolt from it , and so are reduced to their primeve liberty , they may then resume all that power they had before the resignation , and exert it in extraordinary exigents of necessity . if then a people that have no magistrats at all may take order with their destroyers , then must they have the same power under a lawful revolt . as the ten tribes , if they had not exceeded in severity against adoram r●h●boams collector , had just cause to take order with that usurpers emissarie , if he came to oppress them : but if he had come to murder them , then certainly it was duty to put him to death , and could not be censured at all , as it is not , in the historie king. . . but so it is that the people pursued by these murderers , some of which in their extreame exigences they put to death ; have for these several years maintained a declared revolt from the present government , and have denyed all subjection to it upon the grounds vindicated head. . and therefore they must be considered as reduced to their primeve liberty , and their pursuers as their publick enemies , to whom they are no otherwise related than if they were turks , whom none will deny it lawful to kill , if they invade the land to destroy the inhabitants . . hence , seeing they are no other than publick enemies , unjustly invading , pursuing , and seeking them to destroy them ; what arguments will prove the lawfulness of resistance , and the necessity of self defence , in tutelâ vitae proximà , will also prove the lawfulness of taking all advantages upon them , in tutelâ remotà ▪ for if it be lawful to kill an enemy in his immediat assault , to prevent his killing of them when there is no other way of preserving themselves from his fury ; then it must be lawful also , in his remote but still incessant pursuit , to prevent his murdering them by killing him , when the●e is no other way to escape in a case of extreame necessity . but that this was the case of that poor people , witnesses can best prove it ; and i dare appeal to two sorts of them that know it best , that is , all the pursuers , and all the pursued . . this is founded , and followes upon the art. of the solemn league & covenant : where we are bound with all faithfulness to endeavour , the discovery of all such as have been or shall be incendiaries , malignants , or evil instruments — that they may be brought to publick trial & receive condign punishment . now as this obliges to the orderly & ordinary way of prosecuting them , when there is access to publick judicatories : so when there is none , either this article obliges to no endeavour at all ( which cannot be , for it is moral duty to endeavour the punishment of such ) or else it must oblige to this extraordinary action & execution of judgement , if to any at all . especially considering , how in the sense of the short comings of this duty , it is renewed in the solemn acknowledgment of sins & engagement to duties that we shall be so far from conniving at malignity , injustice , &c. that we shall — take a more effectual course , than heretofore , in our respective places & callings , for punishing & suppressing these evils — certainly we were called to one way of prosecuting this obligation then , when it was first engaged into , and to another now , when our capacity & circumstances are so materially & formally altered : if the effectual course then , was by publick authority ; then now when that is wanting , there must be some obligation to take some effectual course still , that may suit our places & callings , which will certainly comprehend this extraordinary way of suppressing those-evils , by preventing their growth in curbing the instruments & executing judgement upon them , in a case of extreame necessity , which will suit with all places & all callings . ii. from the scriptures , these arguments are offered . first , some approven examples , and imitable in the like circumstances , will clear & confirm the lawfulness of this extraordinary work of judgement executed by private persons , upon notorious incendiaries , firebrands , & murderers , guilty of death by the law of god. . moses spyed an egyptian smiting an hebrew one of his brethren , and he looked this way and that way , and when he saw that there was no man , he slew the egyptian and hid him in the sand . exod. . , . here 's an uncondemned example : whereof the actor who was the relator did not condemn himself , thô he condems himself for faults that seem less odious ; yea in effect he is rather commended by stephen the martyr act. . and thô it be extraordinary , in that it was done by private authority , not by a judge , as it was objected to him the second day : yet it was not unimitable ; because that action , thô heroical , whereof the ground was ordinary , the rule moral , the circumstances commonly incident , the managment directed by humane prudence , cannot be unimitable : but such was this action , thô heroical . the ground was ordinary , spying his brother in hazard , whose murder he would have prevented . the rule was moral , being according to that moral precept of rescuing our brother in hazard prov. . , . the circumstances were incident in a case of extreame necessity , which he managed very prudently , looking this way & that way , and hiding him in the sand . therefore it may be imitated in the like case . it signifies nothing to say that he was moved by the spirit of god thereto : for unto every righteous performance , the motion of the spirit of god is requisite . this impulse that moses had and others aftermentioned , was nothing but a greater measure of that assisting grace , which the extraordinariness of the case and the difficulties therein occurring did call for ; but the intervening of such motions , do not alter the rule , so as to make the action unimitable . impulses are not the rule of duty , either under an ordinary or extraordinary exigence ; but when they are subsequent & subservient both to the rule of duty ▪ and to a mans call in his present circumstances , they clearly determine to the species of an heroick enterprise ; in so much that it is not only the particular deed that we are to heed for our imitation , but we are to emulate the grace & principle of zeal which produced it , and is thereby so conspicuously relucent for our upstirring to acts in like manner , as god may give opportunity as is observed by the true non-conformist dial. . pag. . &c. . when israel joyned himself unto baal-peor , the lord said unto moses , take all the heads of the people , and hang them up before the lord against the sun , that the fierce anger of the lord may be turned away from israel . and moses said unto the judges , slay every one his men that were joyned unto baal-peor . and when zimri brought the medianitish cozbi , in the sight of moses , and in the sight of all the congregat●on , who were weeping before the door of the tabernacle ; and when phinehas . saw it , he rose up — and took a javelin in his hand , and he went after the man of israel , into the tent , and thrust both of them through — so the plague was stayed — and the lord spake unto moses , saying , phinehas hath turned my wrath away from the children of israel , while he was zealous for my sake among them — i give unto him my covenant of peace — because he was zealous for his god , and made an atonement for the children of israel numb . . — . this action is here much commended , and recorded to his commendation psal. . , . then stood up phinehas & executed iudgement and so the plague was stayed and that was counted unto him for righteousness unto all generations that is — in justitiam facti coram hominibus , qui alios potuissent hoc factum pessime interpretari , tanquam temerarium , intempesti●um , a privato contra magistratum patratum , crudele nimis ab negatum poenitentiae spatium , deus tamen aestimavit tanquam insigniter justum . pool synops. critic . in locum . it is certain , this action was some way extraordinary ; because phinehas was not a magistrate , nor one of the judges whom moses commanded to slay every one his men vers . otherwise , if this had been only an ordinary execution of judgement by the authority of moses , phinehas his action would not have been so much taken notice of , nor so signally rewarded ; but here it is noted as a singular act of zeal , which it could not have been , if it was only an ordinary execution of the magistrats command : yet thô this action was signally heroical , proceeding from a principle of pure zeal for god , and prompted by a powerful motion of the spirit of god to that extraordinary execution of judgement : it is notwithstanding imitable in the like circumstances . for , the matter is ordinary , being neither preternatural nor supernatural , but just & necessary . the end was ordinary , to turn away the wrath of god , which all were obliged to endeavour . the principle was ordinary , ( thô at the time he had an extraordinary measure of it ) being zealous for the lord , as all were obliged to be . the rule was ordinary , to wit , the command of slaying every man that was joined to baal-peor vers . . only this was extraordinary , that the zeal of god called him to this heroical action , thô he was not a magistrate , in this extraordinary exigent , to avert the wrath of god ; which was neither by moses his command , no● by the judges their obedience , turned away , onely by phinehas's act of another nature , and his zeal appearing therein & prompting him thereto , the lord was appease● & the plague stayed . in which fervour of zeal , transporting him to the omission off the ordinary solemnities of judgement , the spirit of the lord places the righteousness & praise of the action . yet the same call & motion of zeal might have impowered others to do the like : the text speaks of no other call he had , but that of zeal vers . , , . ye● another was obliged to do the same , upon the ground of that moral command deut. . — . having the ground of gods ordinary judgement , which commandeth the idolater to die the death , and therefore to be imitate of all that prefer the true honour & glory of god to the affection of flesh & wicked princes , as mr knox affirmeth in his conference with lithingtoun , rehearsed before per. . further , let it be inquired , what makes it unimitable ? certainly it was not so , because he had the motion & direction of gods spirit ; for men have that to all duties . it was not , because he was raised & stired up of god to do it , for god may raise up spirits to imitable actions . it was not , because he had an extraordinary call , for men have an extraordinary call to imitable actions , as the apostles had to preach . we grant these actions are extraordinary & unimitable ; which , first , do deviate from the rule of com ; mon virtue , and transcend all rules of common reason & divine word ; but this was not such , but an heroick act of zeal & fortitude : next these actions , which are contrary to a moral ordinary command are unimitable , as the israelites robbing the egyptians , borrowing & not paying again , abrahams offering his son isaac ; but this was not such : next those actions , which are done upon some special mandate of god , and are not within the compass of ordinary obedience to the ordinary rule ; are unimitable ; but this is not such : as also miraculous actions , and such as are done by the extraordinary inspiration of the spirit of god , as elias his killing the captains with their fifties by fire from heaven ; but none can reckon this among these . see ius populi at length discussing this point , and pleading for the imitableness of this action cap. . if therefore the lord did not only raise up this phinehas to that particular act of justice , but also warrant & accept him therein & reward him therefore , upon the account of his zeal , when there was a godly & zealous magistrate , able , and whom we cannot without breach of charity presume , but also willing to execute justice , how much more may it be pleaded , that the lord , who is the same yesterday , to day & for ever , will not only pour out of that same spirit upon others , but also when he gives it , both allow them , thô they be but private persons , & also call them , being otherwise in a physical & probable capacity , to do these things in an extreamely necessi●ous and otherwise irrecoverable state of the church , to which in a more intire condition he doth not call them ? and particularly , when there is not only the like or worse provocations , the like necessity of execution of justice & of reformation , for the turning away of wrath & removing of judgments , that was in phinehas's case ; but also , when the supreme civil magistrate , the primores regni & other inferiour rulers , are not only unwilling to do their duty , but so far corrupted & perverted , that they are become the authors & patronizers of these abominations naph . prior edit . pag. . . when the children of israel served eglon the king of moab , and they cried unto the lord , he raised them up a deliverer , ehud the son of gera , who made a dagger , & brought a present unto eglon , and put forth his left hand , and took the dagger from his right thigh , and thrust it into his belly iudg. . . that this action was approven will not be doubted , since the lord raised him up as a deliverer , who by this heroical action commented it , and since it was a message from god. and that it was extraordinary were ridiculous to deny , for sure this was not the judicial action of a magistrate : neither was ehud a magistrate at this time , but only the messenger of the people sent with a present . yet it is imitable in the like case , as from hence many grave authors concluded the lawfulness of killing a tyrant without a title . . when the lord discomfi●ed the host of iabin , and sisera his captain fled into the house of heber the kenite , iael hebers wife took a nail of the tent , and went softly ●nto him , and smote the nail into his temples iudg. . . of which the prophetess deborah sayes , chap. . . blessed above wemen shall iael the wife of heber the kenite be , blessed shall she be above women in the tent . yet not only was iael no magistrate , but in subjection to & at peace with iabin , thô she killed his captain . but , nulla hic erat in●ustitia , cum declaratus esset hostis publicu● , justum erat bellum , oppressor erat populi dei ; debebat iael , quasi membrum reipublicae ; communem hostem prodere & perdere . itaque peccasset iahel si eum non occidisset . martyr & al●i cirati in pool . synops. critic . in locum , albeit that author himself , in his english annotations , does cut the knot in stead of loosing it , in denying deborahs song to be divinely inspired in its first composure , but only recorded as a history by divine inspiration , as other historical passages not approven , only because this heroick fact of iael is there commended ; which is too bold an attempt upon this part of the holy canon of the scripture : whence we see , what inconveniences they are driven to , that deny this principle of natural justice the lawfulness of cutting off publick enemies to procure the deliverance of the lords people . hence , if it be lawful for private persons , under subjection to and at peace with the publick enemies of the lords people , to take all advantages to break their yoke , and deliver the oppressed from their bondage , by killing their oppressors ; it must be much more lawful , for such as acknowledge no such subjection nor aggreement , to attempt the same in extreame necessity : but the former is true : therefor the later . . when samson married the timnite , and obliged himself by compact , to give them thirty sheets and thirty change of garmentts , upon their solving his riddle : the spirit of the lord came upon him , and he went doun to a●hkelon , and slew thirty men of them and took their spoyl iud. . . and afterwards , when he lost his wife by the crueltie & treacherie of those philistines , he said unto them , though yow have done this , yet will i be avenged of yow , and after that i will cease , and he smote them hip & thigh with a great slaughter chap. . , . and wen the iewes , who acknowledged the philistims for rulers , 〈◊〉 to et●m to expostulate with him , all the satisfaction he gave them was to avouch , that as they did unto him so he had done unto them● and to kill a thousand more of them vers . . &c. these were extraordinary heroick facts , not only because they flowed from an extraordinary power wherewith he was endued , and from an extraordinary motion & call , but because of his avenging his oun private injuries for the publick good , in a way both of fortitude & prudence , without a declared war , provoking the enemies against himself , and diverting from the people and converting against himself all their fury , in which also he acted as a type of christ ; and also because he acted not as a magistrate at this time , for by whom was he called or counted a magistrate ? not by the philistines , nor by the men of iudah , for they tell him that the philistines , were their lords , and they bound him and delivered him up to them : yet in his private capacity , in that extraordinary exigence , he avenged himself and his country against his publick enemies , by a clandestine war : which is imitable in the like case , when a prevailing faction of murdering enemies domineer over & destroy the people of god , and there is no other way to be delivered from them : for his ground was moral , because they were publick enemis to whom he might do as they did to him . hence , if saints sometimes in cases of necessity may do unto their publick enemies as they have done unto them , in prosecuting a war not declared against them ; then much more may they do so in cases of necessity , to deliver themselves from their murdering violence , when a war is declared : but here is an example of the former : ergo — . when these same philistims again invaded and overran the land in the time of saul , ionathan his son and his armour-bearer fell upon the garrison of these uncircumcised , and killed them sam. . , . this was an heroick action , without publick authority , for he told not his father vers . and singular indeed , in respect of the effect , and were a tempting of the lord for so few to assault such a multitude , as it were to imitate sams●n in his exploits : but in this respect , these actions are only unimitable in consideration of prudence , not of conscience , or as to the lawfulness of the thing : their ground was moral , to cut off publick enemies . hence , if it be lawful to fall upon a garrison of publick enemies , oppressing the country , then it must be lawful to fall upon one or two , that are the ring-leaders of publick enemies , and main promoters of their destruction , that are as pernicious , and have no more right or power , than the philistims : but such is the case of those about whom the question is . . when david dwelt in the country of the philistims , he and his men went up & invaded the gesharites and the gezrites and the amalekites : and david smote the land , and left neither man nor woman alive sam. . , . this was without publick authority , having none from saul , none from achish in whose country he dwelt , and none of his oun , being no magistrate . we deny not the divine motion , but plead that it is imitable from its moral ground , which was that command to cut off the amalekites exod. . and the amorites whose relicts these nations were ; the same ground that saul the magistrate had to destroy them . whence it is lawful sometimes for others than magistrates to do that which is incumbent to magistrates , when they neglect their duty . all i plead for from it , is , if it be lawful for private persons , upon the call of god , to cut off their publick enemies , when they are obliged by the command of god to destroy them , thô they be living quietly & peacably in the country ; then may it be lawful , in cases of necessity , for private persons , to cut off their publick enemies , whom they are obliged by the covenant of god to bring to condign punishment , and to exstirpate them ( as the covenant obliges in reference to malignant incendiaries ) when they are ravening like lyons for their prey . . in the dayes of ahab & iezebels tyranny , whereby the idolatrous prophets of baal were not punished according to the law , elijah said unto the people , take the prophets of . baal , let none of them escape ; and they took them to the brook kishon & slew them there king. . . how mr knox improved this passage we heard before , in the historical representation per. . and ius pop : vindicates it , that in some cases private persons may execute judgement on malefactors , after the example of elias here . which fact peter , martyr in loc. defendeth thus [ i say it was done by the law of god : for deut. . . god decerned that the false prophet should die , and chap. . the same is said of private men & women , who would worship idols : but chap. . not only is death threatened against a seducing prophet , but a command is added that no man should spare his brethren — thirdly it is commanded , that the whole city when it becometh idolatrous , should be cut off by fire , & sword : and levit. , — . it is statute , that the blasphemer should not live , to which we may adde the law or equity of taliation ; for these prophets of baal caused iezebel & ahab kill the servants of the lord. see ius pop. cap. . pag. . upon this also mr mitchel defends his fact ubi supra — also elijah by virtue of that precept ( deut. ) gave commandment to the people to destroy baals priests , contrary to the command of the seducing magistrate , who was not only remiss & negligent in executing justice , but became a protector & defender of the seducers , then & in that case i suppose the christians duty not to be very dark : . this idolatrous & tyrannical house was afterwards condignly punished by i●hu king. . and chapt . who destroyed all the idolaters , who were before encouraged & protected by that court chap. . . this extraordinary fact was not justified by his magistratical authority : for that was as extraordinary as the fact it self ; and conferred as a mean to accomplish the fact . he had no authority by the peoples suffrages , nor was he acknowledged as such by the court or body of the people , only the lord gave it extraordinarly . but it is not the imitation of his assumption of authority that is here pleaded for , but the imitation of his fact in extraordinary cases , when not only tyrants & idolaters pass unpunished , but their insolency in murdering the innocent is intolerable . mr knox vindicates this at length ubi supra , and shewes that it had the ground of gods ordinary judgement , which commands the idolater to die the death ; and that thô we must not indeed follow extraordinary examples , if the example repugn to the law , but where it agrees with and is the execution of the law , an example uncondemned stands for a command , for god is , constant and will not condemn in ages subsequent what he hath approved in his servants before . see the testim . of period . . above , and ius pop . cap. . pag. . . when athaliah , the mother of ahaziah , had tyrannized six years , at length iehojada with others made a conspiracie against her , to depose her and make ioash king : which when it was discovered , she cried treason , treason , as indeed it would have been so if she had been the lawful magistrate ; for it was an attempt of subjects against her that had the possession of the soveraign power . but i●●●●da commanded the captains to have her forth without the ranges , and him that followeth her kill with the sword : and they laid hands on her , and she was slain king. . — . that this is imitable in the punishment of tyrants , is cleared above . if therefore it be lawful for subjects to kill usurping tyrants , and such as follow them to help them , under , whom nevertheless people might have a life ; then it must be lawful for private persons to put forth their hand against their cut-throat em●ssaries , in a case of necessity , when there is no living for them . . when amaziah turned idolater & tyrant , after the time that he turned away from following the lord , they made a conspiracy against him in ierusalem , and he fled to lachish , but they sent to lachish after him , & slew him there chron. ▪ . this fact is before vindicated by mr knox period . afterward head . and head . . when esther made suite to reverse hamans letters , the king granted the iewes in every city , not only to gather themselves together and to stand for their life , but also to destroy , to slay , and to cause to perish , all the power of the people and province , that would assault them , both litle ones & women — and to avenge themselves on their enemies : and accordingly in the day that their enemies hoped to have power over them , the iewes gathered themselves to lay hand on such as sought their hurt , and smote all their enemies with the stroke of the sword , esther . , . chap. . — . &c. they had indeed that law of nature fortified by the kings accessory authority , as valentin●●● by his edict granted the like liberty , to resist any unjust invader to depopulate the lands of his subjects , ut digno ilico supplicio subjugetur ac mortem quam ininabatur accipiat — and the like of arcadius is extant in codice iustinaneo , titulo , quomodo liceat unicuique sine judice se vindicare vel publicam devotionem . but that doth not exclude the lawfulness of such resistences in case of necessity , without publick authority : so here , it was not the kings commandment that made the iewes avenging themselves lawful , if it had not been lawful before & without it ; it gave them only liberty to improve that priviledge , which they had from god and nature . surely their power of resisting did not depend on the kings commandment , as is proven head . ergo neither their power of avenging themselves , to prevent their murder by their enemies : which they could and were obliged to do , if there had been no such authority : ergo it was not only suspended upon the kings authority . and as for hamans sons and adherents , being agagites , they were obliged by a prior command to avenge themselves on them , on all occasions , by that command to destroy amalek : therefore it must be lawful , even without publick authority , in some cases of necessity , to prevent the murder of publick enemies , by laying hands on them that seek the hurt of all the people of god. secundly , there are some precepts from which the same may be concluded . . there is a command , and the first penal statute against murderers , we read gen. . . whoso sheddeth mans blood by man shall his blood be shed . here the command is given in general to punish capitally all murderers : but there may be some that no magistrate can punish , who are not here exempted , to wit , they that are in supreme authority and turn murderers , as was said above . again the command is given in general to man , involving all the community ( where the murderer is ) in guilt if his blood be not shed : as we find in the scripture , all the people were threatened & punished because judgement was not executed , and when it was executed even by these that were no magistrates , the wrath of god was turned away , whereof there are many examples above . further , if the command to shed the blood of murderers be given before the institution of magistracy , then in case of necessity to stop the course of murderers , it may be obeyed . when there is no magistrate to execute it : but here it is given before the institution of magistracy , when now there was no government in the world , but family-government , as grotius on the place saith , cum enim lex haec ●ata est , non dum constituta sunt judicia , itaque naturale justaliatus hic indicatur ; quod , aucto humano genere & in gentes distributo , merito solis judicibus permissum fuit , extra casus quosdam exceptos , in quibus mansit jus illud 〈◊〉 . when this law was given publick judgement was not yet constitute , therefore the natural right & law of taliation is here held forth , which when mankind was increased and divided into several nations , was justly permitted only to judges , some cases excepted in which that primaeve right did remain . and if in any , then in this case in question . hence lex rex answereth the p. prelate essaying to prove that a magi●●racy is established in the text , denyes that ba adam , by man , must signify a magistrate , for than there was but family government , and cites 〈◊〉 of the same mind , that the magistrate is not spoken of here . though this command afterwards was given to the magistrate numb . . . yet in a ease of necessity , we must recur to the original command . . this same command of punishing murdering enemies , is even after the institution of magistrates , in several cases not astricted to them , but permitted to the people , yea enjoyned to them : as ( ) not only magistrates , but the people , are commanded to avenge themselves on their publick enemies , as the israelites , after their being insnared in the matter of peor ; are commanded to vexe the midianites & smite them , because they beguiled them , and brought a plague upon them numb . , and numb . . . to avenge themselves on them , and for this end to arme themselves , and go against them , and avenge the lord of midian : which they executed with the slaughter of all the males . so likewise are they commanded to destroy amalek . it is true these commands are given primarly & principally to magistrates , as there to moses , and afterwards to saul : yet afterwards we find , other than magistrates upon this moral ground , having the call of god , did execute judgement upon them , as gidion & david , before they were magistrates , did avenge themselves and the lord upon them , as is before cleared . it is also true , that there was some holy severity then to be extended against particular nations as such , peculiar to that dispensation , which is not pleaded as imitable : but the ground was moral , and the right of a peoples saving themselves by the destruction of their enemies ; when there is no other way for it , is natural . and this is all we plead for here . if people may vexe their enemies , and avenge themselves against them , even without publick authority , when ensnared by their craftiness ; much more may they put a stop to their insolency , by cutting off their principal & most pernicious instruments , in case of necessity , when invaded by their cruelty : but here a people is commanded to vexe their enemies , and avenge themselves on them , and accordingly gideon & david did so , without publick authority , and that upon a ground which is moral & natural : ergo — ( ) the execution of the punishment of murderers is committed to the people : the revenger of blood himself shall slay the murderer , what he meeteth him he shall slay him , numb . . , . so that if he met him before he got into any refuge , he might lawfully slay him , and if he did flee to any , he was to be rendered up to the avengers hands deut. . . that the guilt of innocent blood may be put away from isra●l vers . . this revenger of blood was not the magistrate : for he was the party pursuing numb . . . between whom and the murderer the congregation was to judge : he was only the next in blood or kindred . in the original he is called goel , the redeemer , or he to whom the right of redemption belongs , and very properly so called , both because he seeks redemption and compensation for the blood of his brother , and because he redeems the land from blood guiltiness , in which other-wise it would be involved . i do not plead that this is alwayes to be imitated , as neither it was alwayes practiced in israel : but if a private man , in a hot pursuit of his brothers murderer , might be his avenger , before he could be brought to judgement , then much more may this power be assumed , in a case of necessity , when there is no judgement to be expected by law , and when not only our brethren have been murdered by them that profess a trade of it , but others also and our selves are dayly in hazard of it , which may be prevented in cutting them off . i do not see what is here meerly iudicial , so as to be rejected as iudaical : for sure murderers must be slain now as well as then , and there is the same hazard of their escaping now as then , murder involves the land in guilt now as well as then , and in this case of necessity especially , that law that gives a man right to preserve himself gives him also right to be his oun avenger , if he cannot otherwise defend himself . ( ) not only the execution , the decision of matters of life & death , is committed to them ; as in the case of blasphemie & cursing , all that heard were to lay their hands upon his head , and all the congregation was to stone him levit. . , . the man-slayer was to stand before the congregation in judgement , then the congregation shall judge between the slayer and the avenger of blood numb . . , . the people claimed the power of life & death , in seeking to execute judgement upon those that had spoken treason against saul , bring the men ( say they ) that we may put them to death sam. . . especially in the case of punishing tyrants , as they did with amaziah . certainly this is not so judicial or judaical , as that in no case it may be imitated : for , that can never be abrogated altogether which in many cases is absolutely necessary ; but that the people , without publick authority , should take the power of life & death , & of puting a stop to the insolency of destroyers by puting them to death , is in many cases absolutely necessary ; for without this they cannot preserye themselves against grassant tyrants , nor the fury of publick enemies or fire-brands within themselves , in case they have no publick authority , or none but such as are on their destroyers side . ( ) not only the power of purging the land , by divine precept is incumbent on the people , that it may not lye under blood guiltiness ; but also the power of reforming the courts of kings , by taking course with their wicked abetters and evil instruments , is committed to them , with a promise that if this be done , it shall tend to the establishment of their throne : which is not only a supposition in case it be done , but a supposed precept to do it , with an insinuation of the necessity & expediency of it , that it is as suitable as the taking away of the dross from silver , in order to the production of a vessel prov. . , . take away the wicked from before the king , and his throne shall be established in righteousness : which is not only there given to kings , for then it would be in the second person spoken to them , but to the people to do it before them ; as the people did with baals prophets from before ahab . and our progenitors many times have done with wicked counsellors , as may be seen in the foregoing representation , and more fully in the historie of the dowglasses , and in knox & calderwoods histories . hence if it be duty to reforme the court , and to take away a kings wicked sycophants counsellors , agents & instigators to tyrannie ; then it must be lawful , in some cases of necessity , to restrain their insolency , & repress their tyrannie , in executing judgement upon such of them , as are most unsupportable , who are made drunk with the blood of innocents : but the former is true : therefore — ( ) for the omission of the executing of this judgement on oppressors & muderers , involving the whole land in blood guiltiness , which cannot be expiated but by the blood of them that are so criminal ; not only magistrates , but the whole people have been plagued : as for sauls murdering the gibeonites , the whole land was plagued , until the man that consumed them , and devised against them to destroy them , seven of his sons were delivered unto them , to be hanged up before the lord sam. . , . so also for the sins of manasseh . the reason was , because if the magistrate would not execute judgement , the people should have done it : for not only to the king , but also to his servants , and to the people that entered in by the gates , the command is , execute yee iudgement , and deliver the spoyled out of the hand of the oppressor jer. . , . thô it be true , this is to be done by every one in their station , salvâ justitia , salvo ordine , & pro modulo vocationis , and it chiefly belongs to judges & magistrates : yet this is no wrong to justice , nor breach of order , nor sinful transgression of peoples vocation , not only to hinder the shedding of innocent blood , to prevent gods executing of what he there threatens , but also to execute judgement on the shedders , to prevent their progress in murdering villanie ; when inferiour as well as superiour magistrates are oppressing & tyrannizing : therefore this seeking & doing & executing judgement is so often required of the people , in such a case , when princes are rebellious & companions of thieves , and in the city where judgement used to be , now murderers bear sway isai. . , . the lord is displeased where there is none isai. . , . jer. . . see this vindicated in lex rex quest . . pag. . and in jus popul . cap. . pag. . . that command concluds the same against idolaters , apostates , and entycers thereunto deut. . . &c. if thy brother — or thy friend , which is as thi● oun soul , entyce the secretly , saying , let us go & serve other gods — thow shalt not spare nor conceal him , but thow shalt surely kill him — because the hath sought to thrust thee away from the lord thy god — and all israel shall hear & fear and do no more any such wickedness . and vers . . &c. if thow shalt hear say in one of thy cities — saying , certain men , the children of belial , are gone out — and have withdrawn the inhabitants of their city , saying , let us go to serve other gods — then shalt thow enquire — and behold if it be truth , and the thing certain — thow shalt surely smite the inhabitants of that city with the edge of the sword , destroying it utterly — this cause of the open entycers to idolatry , was not brought to the judges , as common idolaters , and such who were entyced to serve other gods & worship them , were to be brought to the gates , and to be stoned first by the hands of the witnesses , and afterwards by all the people deut. . , , . but this is another law : of which the iewish antiquaries , and particularly grotius out of philo and the rabb . in loc saith , cum in alijs criminibus soleret reus servari &c. i. e. whereas in other crimes the guilty used to be kept after the sentence a night & a day , that if he could say any more for himself he might , these were excepted from this benefit ; and not only so , but it was permitted to any to execute judgement upon them ( viz. entycers to idolatry ) without waiting for a judge : the like was used against the sacrilegious robbers of the temple , and priests who sacrificed when they were polluted , and those who cursed god by the name of an idol , and those who lay with an idolatress , chiefly those who denyed the divine authority of the law : and this behoved to be before the people , at least ten , which in hebrew they called hheda — neither is this to be admired in so grievous a crime , when even the manslayer without the place of refuge might have been killed by the kins-man of the defunct , and upon numb . . . the punishment of presumptuous blasphemers , he sayes , caeteram hic intelligenda hoc modo &c. i. e. but here these are to be understood thus , that the guilty shall not be brought to the judges , but be killed by them that deprehended them in the crime , as phin. has did to zimri : and proves it out of mamonides pool . synops. critic . in loc. and it must be so : for in this case no mention is made either of judges , or witnesses , or further judgement about it , than that he that was tempted by the entycer should fall upon him , and let the people know it , that they might lay hands on him also ; otherwise evil men might pretend such a thing when it was not true . but in case of a cities apostasie , and hearkening to entycers , the thing was only to be sollicitously enquired unto , and then thô it was chiefly incumbent upon the magistrate to punish it , yet it was not astricted to him , but that the people might do it without him . as upon this moral ground , was israels war stated against benjamin judg. . . when there was no king nor judge , and also when there were kings that turned idolaters & tyrants , they served them so , as here is commanded : witness amaziah , as is shewed above . hence not only moses , upon the peoples defection into idolatrie in the wilderness , commanded all on the lords side , every man to put his sword by his side — and s●ay every man his brother and every man his companion and every man his neighbour , whereby three thousand fell at that time by the sword of the levites exod. . , . but also joash , gideons father , upon the same moral ground , thô he was no magistrate , could say to the abiezrites , will ye plead for baal — he that will plead for him , let him be put to death while it is yet morning — judg. . . moreover ( as mr mitchel adduces the example very pertinently , we see that the people of israel destroyed idolatry , not only in judah wherein the king concurred , but in ephraim and in manass●h , where the king himself was an idolater ; and albeit they were but private persons , without publick authority : for what all the people was bound to do by the law of god , every one was bound to do it to the uttermost of his power & capacity . mr mitchel offers this place to vindicate his fact of shooting at the prelate . deut. . . wherein ( sayes he ) it is manifest , that the idolater or intycer to worship a false god , is to be put to death by the hand of those whom he seeks to turn away from the lord : which precept i humbly take to be moral , and not meerly iudicial , and that it is not at all ceremonial or levitical . and as every moral precept is universal , as to the extent of place , so also as to the extent of time , & persons . the chief thing objected here is , that this is a judicial precept , peculiarly suited to the old dispensation ; which to plead for as a rule under the new testament , would favour of jewish rigidity inconsistent with a gospel spirit . ans. how mr knox refells this , and clears that the command here is given to all the people , needs not be here repeated ; but it were sufficient to read it in the foregoing representation period . . pag. . as it is also cited by ius pop. pag. . &c. but these general truths may be added , concerning the iudicial laws . . none can say that none of the judicial laws , concerning political constitutions , is to be observed in the new testament : for then many special rules of natural & necessary equity would be rejected , which are contained in the judicial laws of god : yea all the laws of equity in the world would be so cast ; for none can be instanced , which may not be reduced to some of the judicial laws : and if any of them are to be observed , certainly these penal statutes , so necessary for the preservation of policies , must be binding . . if we take not our measures from the judicial laws of god , we shall have no laws for punishment of any malefactors by death , juris divini , in the new testament . and so all capital punishments must be only humane constitutions ; and consequently they must be all murders : for to take away the life of man , except for such causes as the lord of our life ( to whose arbitriment it is only subject ) hath not approven , is murder , as dr ames saith de homocidio conscience . lib. . cap. . quest . . for in the new testament , thô in the general the power of punishing is given to the magistrate , yet it is no where determined , neither what , nor how crimes are to be punished . if therefore penal laws must be taken from the old testament ; the subject of executing them , as well as the object , must be thence deduced , that is , what is there astricted to the magistrate must be so still , and what is permitted to the people must remain in like manner their priviledge ; since it is certain , the new testament-liberty is not more restricted as to penal laws than the old. . those judicial laws , which had either somewhat typical , or paedagogical , or peculiar to the then iudacial state , are indeed not binding to us under that formality ; thô even these doctrinally are very useful , in so far as in their general nature , of equity of proportion , they exhibite to us some documents of duty : but those penal judgements , which in the matter of them are appended to the moral law , and are in effect but accurate determinations & accommodations of the law of nature , which may suit our circumstances as well as the jewes , do oblige us as well as them . and such are these penal statutes i adduce ; for , that blasphemy , murder , & idolatry , are heinous crimes , and that they are to be punished , the law of nature dictates ; and how , and by whom , in several cases , they are to be punished , the law judicial determines . concerning the moral equity even of the strictest of them , amesius de conscienc . lib. . de mosaicis appendicibus praeceptorum , doth very learnedly assert their binding force . . those judicial laws , which are but positive in their forme , yet if their special internal & proper reason & ground be moral , which pertains to all nations , which is necessary & useful to mankind , which is rooted in and may be fortified by humane reason , and as to the substance of them approven by the more intelligent heathens ; those are moral , and oblige all christians as well as jewes : and such are these laws of punishing idolaters &c. founded upon moral grounds , pertaining to all nations necessary & useful to mankind , rooted in & fortified by humane reason , to wit , that the wrath of god may be averted , and that all may hear & fear and do no more so wickedly ; especially if this reason be superadded , when the case is such , that innocent & honest people cannot be preserved , if such wicked persons be not taken order with . . those judicial laws , which being given by the lords immediate authority , thô not so solemnly as the moral decalogue , are neither as to their end mortuae , dead , nor as to their use mortiferae , deadly , nor as to their nature , indifferent , nor in any peculiar respect restringible only to the jewes , but the transgressions whereof both by omission & commission are still sins , and were never abolished neither formally nor consequentially in the new testament , must be moral : but such as these penal laws i am speaking of , they cannot be reputed among the ceremonial laws , dead as to their end , and deadly as to their use , or indifferent in their nature : for sure , to punish the innocent upon the account of these crimes , were still sin , now as well as under the old testament ; and not to punish the guilty , were likewise sin now as well as then . if then the matter be moral and not abolished , the execution of it by private persons , in some cases when there is no access to publick authority , must be lawful also . or if it be indifferent , that which is in its oun nature indifferent , cannot be in a case of extreame necessity unlawful , when otherwise the destruction of our selves & brethren is in all humane consideration inevitable . that which god hath once commanded , and never expressly forbidden , cannot be unlawful in extraordinary cases , but such are these precepts we speak of : therefore they cannot be in every case unlawful . concerning this case of the obligation of judicial laws , ames . de conscienc . lib. . cap. . quest . . . those laws which are predicted to be observed & executed in the new testament times , cannot be judicial or judaical , restricted to the old : but such is this . in the day , that a fountain shall be opened for th● house of david for sin & for uncleaness ; which clearly points at gospel-times , it is said , the lord will cause the proph●ts and the unclean spirits to pass out of the land : and it shall come to pass . that when any shall yet prophesie , then his father & his mother that begat him shall say unto him , thow shalt not live — and shall thrust him through when he prophesieth zech. . . which cannot be meant of a spiritual penetration of the heart : for it is said , he shall not live ; and the wounds of such as might escape , by resistence or flight , are visible in his hands vers . it is therefore to be understood of corporal killing intycers to idolatrie , according to the law deut. . . either by delivering them up to the judges , as piscator on the place sayes ; or as grotius saith , transfodient ut phineas zimri numb . . hoc intellige de pseudo-propheta populum volente abducere ad cultum falsorum deorum ; nam in tales quemvis iudaeum lex armabat , deut. . quae lex expresse addit , in tali crimine nec filio parcendum . from all which i conclude , if people are to bring to condign punishment idolatrous apostates , seeking to intyce them ; then may oppressed people , dayly in hazard of the death of their souls by complyance ; or of their bodys by their constancy in duty , put forth their hand to execute judgement , in case of necessity , upon idolatrous apostates & incendiaries , and the principal murdering emissaries of tyrants , that seek to destroy people , or enforce them to the same apostasie : but the former is true : therefore &c. . the same may be inferred from that command of rescuing & delivering our brother , when in hazard of his life ; for omitting which duty . no pretence even of ignorance will excuse us prov. . , . if thow forbear to deliver them that are drawen unto death , and those that are ready to be slain , if thow sayest , behold we knew it not ; doth not he that pondereth the heart consider it ? and he that keepeth thy soul doth not he know it , and shall not he render to every man according to his works ? eripe h. e. ex manu invasoris , latronis , injusti magistratus &c. idque vel manu , vel lingua defendente , vel quovis alio modo licito : solent homines multas excusationes nectere , se nescire illius vel periculum , vel innocentiam , non tanta authoritate valere ut eum liberent , rerum suarum satagere , alienis nolle se ingerere &c. hic unam excusationem reliquas omnes complectentem exempli causâ proponit , & refellit : as commentators say , pool synops. critic . in locum . this precept is indefinitely given to all : principally indeed belonging to righteous magistrates ; but in case of their omission , and if instead of detending them they be the persons that draw or send out their destroying emissaries to draw them to death , then the precept is no more to be restricted to them , than that vers . not to be envious against evil men , or that vers . if thow faint in the day of adversity thy strength is small , can be said to be spoken only to magistrates . hence , if it be a duty to rescue our brethren from any prevailing power that would take their lives unjustly , and no pretence even of ignorance will excuse the forbearance of it ; then it must be lawful , in some extraordinary cases , to prevent the murdering violence of publick incendiaries , by killing them rather than to suffer our selves or our brethren to be killed , when there is no other way in probability either of saving our selves or rescuing them : but here the former is commanded as a duty : therefore the later also must be justified , when the duty cannot otherwise be discharged . now having thus at some length endeavoured to discuss this some way odd & esteemed odious head : to which task i have been as unwillingly drawn , as the actors here pleaded for were driven to the occasion thereof ; whom only the necessity of danger did force to such atchievements to preserve their oun and brethrens lives , in prosecuting the cause ; and nothing but the necessity of duty , did force me to this undertaking , to defend their name from reproach , and the cause from calumnies . i shall conclude with a humble protestation , that what i have said be not stretched further than my obvious & declared design doth aim at : which is not to press a practice from these precedents , but to vindicate a scripture truth from invidious or ignorant obloquies ; and not to specify what may or must be done in such cases hereafter , but to justify what hath been done in such circumstances before . wherein i acknowledge , that thô the truth be certain , such things may be done , yet the duty is most difficult to be done with approbation . such is the fury of corrupt passion , far more fierce in all than the pure zeal of god is to be found fervent in any , that too much caution , tenderness , & fear , can scarce be adhibite , in a subject wherein even the most warrantable provocation of holy zeal is ordinarly attended with such a concurrence of self-interest and other carnal tentations , as it is impossible without the signal assistance of special grace to have its exercise in any notable measure or manner , without the mixture of sinful allay , as the true non-conformist doth truly observe ubi supra pag. . yet this doctrine , thô in its defined and uncautioned latitude be obnoxious to accidental abuses ( as all doctrines may be abused by mens corruption , or ignorance ; misapplying the same ) is nevertheless built upon such foundations , that religion will oune to be firme , and reason will ratify their force . and i hope it is here so circumscribed with scripture-boundaries , and restricted in the narrow circumstantiation of the case , that as the ungodly cannot captate advantage from it , to encourage themselves in their murdering villanies , seeing they never were , never can be so circumstantiate , as the exigence here defined requires ; so as for the godly , i may presume upon their tenderness , and the conduct of that spirit that is promised to lead them , and the zeal they have for the honour of holiness , with which all real cruelty is inconsistent , to promise in their name , that if their enemies will repent of their wickedness , and so far at least reforme themselves as to surcease from their cruel murdering violence , in persecuting them to the death , and devouring them as a prey ; then they shall not need to fear from them the danger of this doctrine , but as saith the proverb of the ancients , wickedness proceedeth from the wicked but their hand shall not be upon them . but if they shall still proceed to murder the innocent , they must understand , they that hold this truth in theorie , will also reduce it to practice . and bloody papists must know , that christians now are more men , than either stupidly to surrender their throats to their murdering swords , or supinely to suffer their villanie to pass unpunished ; and thô their favours have flattered many , and their sury hath forced others , into a faint succumbing & superceding from all action against them ; yet all are not asleep : and i hope there are some , who will never enter in any terms of peace with them , against whom the mediator hath declared and will prosecute a war for ever , but will still oune & aim at this , as the highest pitch of their ambition , to be found among his chosen , called , & faithful ones , who maintain a constant opposition against them . however , thô the lord seems in his providence , to put a bar upon all publick appearances under a display of open war against them ; and it is not the design of what is said here on this and the foregoing head , to incite or invite to any : yet certainly , even at this present , all that have the zeal of god and love to his righteous cause rightly stated in their hearts , will find themselves called not to supercede altogether from all actions , of avowed and even violent opposition against them , whom we are all bound both by the morality of the duty , and the formality of solemn & sacred covenants , to hold out from a violent intrusion into and peaceable possession of this land devoted to god , and to put them out when they are got in either by their fraud or force ; and this plea , now brought to an end , will oblige all the loyal lovers of christ , to an endeavour of these . . to take alarms , and to be fore-warned and fore-armed , resolute & ready to withstand the invasion of poperie ; that it be neither established by law , through the supineness of such , who should stand in the gap , and resolve rather to be sacrificed in the spot , by a valiant resisting , than see such an abomination set up again ; nor introduced by this liberty , through the wyles of such , whose chiefest principle of policy is perfidie , who design by this wide gate , and in the womb of the wooden horse of this toleration , to bring it in peaceably ; nor intruded by force & fury , fire & sword , if they shall fall upon their old game of murders & massacres . it concerns all to be upon their guard , and not only to come out of babylon , but to be making ready to go against it , when the lord shall give the call. . to resist the beginings of their invasions , before they be past remeady : and for this effect , to oppose their gradual erections of their idolatrous monuments , and not suffer them to set up the idol of the mass , in city or country ; without attempting , if they have any force , to overthrow the same . . in the mean time , to defend themselves and the gospel , against all their assaults , and to rescue any out of their hands upon all occasions , that for the cause of christ they have caught as a prey , & to oppose & prevent their oun & the nations ruine & slaverie . but to conclude : as it will be now expected , in justice & charity , that all the vassals & votaries ; subjects and servants , of the one common lord & king , christ jesus , every where through out his dominions , who may see this representation of the case and vindication of the cause of a poor wasted & wounded , persecuted & reproached , remnant of the now declining , sometimes renouned , church of scotland , will be so far from standing esaw-like on the other side ; either as enemies , rejoicing to look on their affliction in the day of their calamity ; or as neutral , unconcerned with their distressed condition ; or as strangers , without the knowledge or sense of their sorrowes & difficulties ; or as gallio's caring for none of these things , or thinking their case not worthy of compassion , or their cause of consideration , or possibly condemning their sufferings , as at best but stated upon slender , subtile , & nice points , that are odd & odious , and invidiously represented : it is now expected , i say , that christians , not possessed with prejudice ( which is very improper for any that bear that holy & honourable signature ) and not willing to be imposed upon by misinformations , will be so far from that unchristian temper towards them , as to be easily byassed with all reports & reproaches to their disadvantage , that if they weigh what is in this treatise offered , and truly i may say candidely represented , without any design of prevarication , or painting , or daubing , to make the matter either better or worse than it will seem to any impartial observer ; they will admit & intertain a more charitable construction of them , and not deny them brotherly sympathie and christian compassion , nor be wanting in the duty of prayer & suppltcation for them , that at length the lord would turn his hand upon the litle ones , and bring at least a thrid part , a remnant of mourners , through the fire . so to that litle flock , the poor of the flock , that wait upon the lord , and desire to keep his way ; i shall only say , though i judged necessity was laid upon me , in stead of a better , to essay this vindication of your cause : as stated betwixt yow and your , and your lords enemies , the men that now ride over your heads , that say to your soul , bow doun that we may go over yow , i desire not that yow should , yea i obtest that yow may not , lay any stress on the strength of what i have said ; but let its weight lie where it must be laid , on that firm foundation , that will bear yow and it both , that stone , that tried stone , that precious corner stone , that sure foundation , christ jesus : and search the scriptures of truth , to see whether these things be so or not : and i doubt not , but by that touchstone if these precious truths be tried , they will be found neither hay nor stubble , that cannot abide the fire , but as silver tried in a furnace of earth purified seven times . do not offend , that they are contemned as small , and contradicted as odious , but look to the importance of his glory , whose truths & concerns they are , and from whom they are seeking to draw or drive yow , who oppose and oppugu these truths . stand fast therefore in the liberty where with christ hath made yow free , and hold fast every word of his patience , that yow may be kept in this hour of tentation . let no man take your crown , or pull yow doun from your excellency , which is alwayes the design of your wicked enemies , in all their several shapes & shewes , both of force & fraud , craft & cruelty . beware of their snares , and of their tender mercies , for they are cruel ; and when they speak fair beleeve them not , for there are seven abominations in their hearts . say ye not a confederacy , to all them to whom this people shall say a confederacy , neither fear ye their fear , nor be afraied ; sanctify the lord of hosts himself , and let him be your fear , and let him be your dread , and he shall be for a sanctuary , but for a stone of stumbling and for a rock of offence , to both the houses of israel , for a gin & for a snare to the inhabitants of ierusalem . wait upon the lord , who hideth his face from the house of iacob , and look for him , among his children , though now yow be reputed for signs & wonders in israel , from the lord of hosts which dwelleth in mount zion . who knowes , but therefore will the lord wait , that he may be gracious unto yow , and therefore will he be exalted that he may have mercy upon yow , for the lord is a god of judgement , blessed are all they that wait for him. to whom be all the glory . amen . finis . errata . pag : lin : for way read may . f. bloodh r. blood . ibid. ult . r. governours . f. he r. the. r. hinted . f. at r. a. r. accursed . r. thought . next christians r. this being . r. elogium . r. ruines . f. may r. way . r. humble . ibid. f. mast r. most . ibid. ult . f. tune r. time . r. tyranny . r. christ. f. them r. then . f. them r. then . f. servas r. servos . f. upon d. up an . ibid. r. subjects . ibid. f. amittitis r. amittit is . f. at r. as . f. as r. us . r. israel . f. he r. the. f. . r. . f. way r. may . f. . r. . f. & r. an . ibid. . f. ehe r. the. f. ar r. or . ult . f. ars r. are . f. trust r. thrust . r. jehojachin . f. not odiously r. notoriously . f. stealing his r. his stealing , f. divine r. divines . r. if there be any thing here . f. by r. be . r. afterwards . dele . in . r. kingdoms . . wo r. who . f. proceeding r. preceeding . besyds these , in some places for incendaries read incendiaries , also there are some other escapes as an s for an f , an e for an c , an u for an n , or the like , and some others in the pointing which will not mar the sense , and it s hoped the discreet reader will readiely excuse . having come to a conclusion of the six heads proposed to be treated of ; i judged it conduceing by way of postscript to subjoin a seventh , in vindication of these consciencious and truely tender sufferers , who in the dread and aw of the holy , soveraigne & supreme law-giver , who commandeth his subjects and followers to abstain from all appearance of evill , did in obedience to him and his royall law , choose rather to suffer the rage , robberies & violence of crwel and bloody enemies , togither with censurs , reproaches , obloquies & contempt of appostatiseing professors , than to give any aid or encowragement to the avowed and declared enemies of christ , that might contribute to the promoveing their sacrilegious tyrannicall and hellish projects & practices , calculat & prosecut against the gospel and kingdome of christ , the covenanted reformed religion of the church , the rights , laws and liberties of the people , and to the introduceing of antichristian idolatrie , tyrannie & slaverie , by paying any of their wicked & wickedly imposed exactions , raised for furthering their hellish designes , of which , none who payes them can be innocent . head . vii . the sufferings of many , for refusing to pay the wicked exactions of the cess , locality , fynes &c. vindicated . it will possibly seem impertinent , or at least preposterous at such a time , when the pressure of these ●urdens is not more pinching to the generality of professing people , and in such a retrograde order , as after the discussion of the foregoing heads , to subjoyne any disquisition of these questions , which are now out of date and doors with many . but considering that the impositions of these burdens are still pressing to some and the difficulties of doubts & disputes about them still pusling , the sin & scandal of complying with them still lying upon the land , not confessed nor forsaken , the leaven of such doctrine as daubs & defends the like complyance still intertained , the sufferings of the faithful for refusing them , still contemned & condemned , and the fears & expectations of more snares of that nature , after this fair weather is over , still encreasing , if i may be so happy as to escape impertinencies in the manner of managing this disquisition , i fear not the censure of the impertinency or needlessness of this essay . as to the order of it , it was intended to have been put in its proper place among the negative heads of sufferings : but knowing of how litle worth or weight any thing that i can say is with the prejudged , and having a paper writ by two famous witnesses of christ against the defections of their day , mr. mcward & mr. broun , more fully & largely detecting the iniquity of the cess ( from which the wickedness of other exactions also may be clearly deduced ) thô at such distance at the writing of the foregoing heads , that it could not be had in readiness to take its due place , and time would not allow the suspending other things until this should come to hand ; i thought it needful , rather than to omit it altogether , to insert it here . however , thô neither the form of it , being by way of letter , nor the method adapted to the design of a moving disswasion , nor the length & prolixitie thereof , will suffer it to be here transcribed as it is ; yet to discover what were their sentiments of these things , and what was the doctrine preached and homologated by the most faithful both ministers and professors of scotland , eight or nine years since , how closely continued in by the contendings of this reproached remnant , still persecuted for these things , and how clearly abandoned & resiled from , by their complying brethren now at ease , i shall give a short transumpt & compend of their reasonings ; in a method subservient to my scope and with additions necessary for applying their arguments against the other exactions here adduced in this head , and bringing them also under the dint of them , thô not touched by them expressly . i must put altogether , because it would dilate the treatise already excressed into a bigness , far beyond the boundaries i designed for it , to handle them distinctly ; and their affinity , both as to their fountain , nature , & ends , is such , that what will condemn one of them will condemn all . what and how many & manifold have been the exorbitant exactions , as the fruits & soments of this crwel tyranny , that the godly in our land , have been groaning under these years , and upon what occasions they have been at diverse times , and in diverse manners & measurs imposed , i need not here relate , the first part of the treatise doth represent it . the first of these tyrannical exactions , were the fynes for not hearing the curats , and other parts of non-conformity ; which , together with paying the curats stipends , were too universally at first complyed with : but afterwards upon more mature consideration and after clearer discoveries of the imposers projects & practices , they were scrupled & refused by the more tender . and their sufferings , upon the account of that recusancy , have been very great & grievous , to the utter impoverishment & depopulation of many families , besides the personal sufferings of many in long imprisonments , which some chose rather to sustain with patience , than pay the least of those exactions . yea , some when ordered to be legally liberate , and set forth out of prison , choosed rather to be detained still in bondage , than to pay the iaylour-fees , their keepers demanded of them . many other wicked impositions have been pressed & prosecuted , with great rigor & rage , as malitia-money , and locality , for furnishing souldiers , listed under a banner displayed against religion & liberty , with necessary provision , in and for their wicked service ; which of late years have been contended against by the sufferings of many , and daylie growing a tryal to moe . but the most impudently insolent of all these impositions , and that which plainly paraphrases , openly expresses & explains all the rest , calculate for the same ends , was by that wicked act of covention , enacted anno . declaring very plainly its ends , to levy & maintain forces for suppressing meetings , and to shew unanimous affection for maintaining the kings supremacy established by law. or as they represent it in their act , for continuation of it , act. . parl. . char. . august . . seeing the convention of estates holden at edinburgh in the moneth of iuly upon weighty considerations therein specified , and particularly the great danger the kingdom was under , by seditious & rebellious conventicles , and the necessity which then appeared , to encrease the forces , for securing the government , and suppressing these rebellious commotions , which were fomented by seditious principles & practices , did therefore humbly & dutifully offer a chearful & unanimous supplie of pound scots — in the space of five years — and the estates of parliament now conveened , having taken to consideration , how the dangers from the forsaids causes do much encrease , in so far as such as are seditiously & rebelliously enclined , do still propogate their pernicious principles , and go on from one degree of rebellion to another , till now at last the horrid villanies of murther , assassination , & avowed rebellion , are ouned , not only as things lawful , but as obligations from their religion — do therefore , in a due sense of their duty of god , to their sacred soveraign , and the preservation of themselves and their posterity , of new make an humble , unanimous , chearful , & heartly offer , for themselves , and in name of , and as representing this his maj. ancient kingdom , of a continuation of the foresaid supply , granted by the convention of estates ; and that for the space of five years or ten terms successive , begining the first terms payment at martin-mas . which yet is to be continued until martin-mas . here is a sample of their wicked demands , shewing the nature , quality , & tendency of all of them : wherein we may note . . that they continue it upon the same considerations , upon which it was first granted . . that these were , & yet remain to be , the danger of the meetings of the lords people for gospel ordinances , by them forced into the fields , which they call rebellious conventicles ; and the necessity of securing their usurpation upon the prerogatives os christ , liberties of his church , and priviledges of mankind ( which they call their government ) and suppressing the testimonies for the interest of christ ( called by them rebellious commotions . ) . that their motive of continuing it , was their considerations of some weak remainders of former zeal for god , in prosecuting the testimony for the interests of christ , and principles of the covenanted reformatton ( which they call propogating pernicious principles ) and some weak attempts to oppose & resist their rebellion against god , and vindicate the work , & defend the people of god , from the destruction they intended against them , and their lawful & obliged endeavours to bring the destroyers & murderers to condign punishment ( which they call horrid vil●anies of murder , assassination , & av●wed rebellion . ) here all the active appearances of the lords people , vindicated in the foregoing heads , are industriously represented , under these odious & invidious names , as motives to contribute this supplie of means to suppress them , and to involve all the contributers in the guilt of condemning them . . that as a test of their allegiance unto , & con●ede●acy with that execrable tyrant ( which they call their duty to their sacred soveraign ) they enact this as representatives of the kingdom , and must be ouned as such by all the payers . . that it is the same cess , that was granted by the convention of estates , and the terme of its continuation is not yet expired . and hence it is manifest , that that act of convention , thô its first date be expired , and thereupon many plead for the lawfulness of paying it now , that formerly scrupled at and witnessed against it , yet is only renewed , revived , & corroberated , and the exaction continued upon no other basis or bottom but the first state constitution . which was , & remains to be a consumating & crimson wickedness , the cry whereof reaches heaven : since upon the matter it was the setting of a day , betwixt & which ( exceeding the gadarens wickedness , & short of their civility ) they did not beseech christ & his gospel to be gone out of scotland , but with armed violence declared , they would with the strong hand drive him out of his possession ; in order to which their legions are levied , with a professed declaration , that having exauctorate the lords anointed by law , and cloathed the usurper with the spoils of his honour , they will by force maintain what they have done , and having taken to themselves the house of god in possession , they will sacrifice the lives , liberties , & fortunes of all in the nation , to secure themselves in the peaceable possession of what they have robbed god ; and that there shall not be a soul left in the nation , who shall not be slain , shut up , or sold as slaves , who will oune christ and his interest . all which they could not , nor cannot accomplish , without the subsidiary contribution of the peoples help . this is the plain sense of the act for the cess ; and , thô not expressed , the tacite & uniforme intention of all the rest . yet for as monstrous and manifest the wickedness of these designs are , so judicially were the bulk of our seers plagued with blindness , that many of them were left to plead for the payment of these impositions ; others , thô they durst not for a world do it themselves , to be silent , and by their silence to encourage & embolden many to such a complyance ; presuming with themselves , and without furrher enquirie , that the zeal of god , and love to his glory , and the souls of their brethren , would constrain them to speak in so clamant a case , if they did observe any sin in it . whereby the universality was involved in the guilt of these things , especially deceived by the patrociny & pleadings of such of late , who formerly witnessed against it . o that it might be given to us to remember lots wife , turned into a pillar of salt , to season us lest the stink of our destruction , and what may follow upon it , be all that the posterity get for a warning not to tread our paths . as for the few that have suffered upon this head , they have been so discruciated with perplexities , in their conflicts with the rage of enemies , and reproach of friends , and fear of these snares attending every lot or occupation they could put themselves in , that they have been made to desire death , as their best refuge , and only retreat wherein they may find rest from all these rackings : for in no place could they escape the reach of some of these impositions , nor the noise of their clamarous contendings of arguments that pleaded for it . but some have had more love to christ and his interests , than language to plead for him , and more resolution to suffer than learning to dispute for his cause ; and where pure zeal for christ , and love to his bleeding interests , in a time when he is crucified afresh , and put to open shame , and the concurrence of all is required to help forward the war against him , is in integrity & vigor , it will burn with its flame those knots that it cannot in hast loose ; and chuse rather to lie under the imputation of being zealous without knowledge , than lose or let go such an opportunity of witnessing a good confession ; yea when it could do no more , expire with an ichabod in its mouth . but shortly to come to the point . i shall . permit some concessions . . propose some paralel questions . . offer some reasons to clear it . . i shall willingly grant in the general , concerning paying of exactions , impositions , or emoluments . . they are to be paid to these to whom they are due : as tribute & custom is to be paid to the powers ordained of god , and for this cause that they are gods ministers attending continually upon this very thing rom. . , . so stipends and all outward encouragments are due to ministers of the gospel , who sow spiritual things and should reap these carnal things cor. . , . fynes also , and all legal amercements for delinquencies against just laws , must be payed , deut. . . and whatsoever is due by law to officers , appointed by law for keeping delinquents in custody : as all debts whatsoever . but tyrants exactions , enacted & exacted for promoving their wicked designs against religion & liberty ; hirelings salaries , for encouraging them in their intrusions upon the church of god ; arbitrary impositions of pecuniary punishments for clear duties ; and extorted hirings , of the subordinate instruments of persecuters oppressions , are no wise due and cannot be debt , and therefore no equity to pay them . . it s lawful to pay them , when due and debt either by law or contract , even thô they should be afterward abused and misimproven to pernicious ends . but these payments for such wicked ends , either particularly specified & expressed in the very act appointing them , or openly avouched by the exactors are of another nature , than impositions fundamentally appointed for the publick good ; and the after misapplication thereof , made by such as are entrusted therewith , is no more imputable unto the land or payers , than is the theft of a collector stealing or running away with the same without making count or reckoning to superiours . it is then a foolish thing to say , that former impositions were peacably payed , thô we saw and were convinced that their use was perverted , and they were used against the good of the land and gods people . for no such thing was laid doun as the ground , or declared as the end , of these exactions ; but what fell out was by the personal abuse and perversion of those in power ; which was rheir oun personal fault , and posteriour to the legal engagment and submission to the payment thereof by the land in their representatives . . it s lawful to pay them sometimes , even when fundamentally and originally from the first constitution of them they were not due , but illegally or usurpatively challenged & exacted , if afterwards they were by dedition or voluntary engagment legally submitted unto by the true representatives . but not so , when they were never either lawfully enacted , or legally exacted , or voluntarly engaged by the representatives , except such as represented the enslavement of the nation , and betrayed the country , religion , liberty , property , and all precious interests , and declaredly imposed to further the destruction of all . nor can any with reason say , that this case is but like the case of the people of israel under the feet of enemies , paying to them of the fruits of their ground , as was regrated & lamented by nehemiah chap. . , . for so they must say , the exactions now in debate are their redemption-money , and by these they purchase their liberty of life & lands , and oune themselues to be a people under conquest . and yet they cannot deny , but they are both exacted & payed as tests of their allegiance as subjects , and badges of their loyaltie & obedience . but this is answered before head . conces . . § . . pag. if any should object the practice of christ , thô otherwise free , yet paying custom lest he should offend : it is fully solved ibid. head . conces . . pag. here it s sufficient to hint ( ) that which made ●hem marvel at his wise answer was , that he left the title unstated , and the claim unresolved , whether it belonged to cesar or not , and taught them in the general to give nothing to cesar with prejudice to what was gods ; which condemns all the payments we speak of , which are all for carrying on the war against god. ( ) cesar was no tyrant nor usurper at this time , because they had legally submitted themselves unto several cesars successively before . ( ) it was , lest he should offend : but here it will be evident , that the offence & scandal lyeth upon the other hand , of paying the exaction : and it is against all religion to say , that both the doing and refusing to do the same act , can give offence . but ( ) make the case like ours , and i doubt not to call it blasphemy to say , that christ would have payed , or permitted to pay a taxation , professedly imposed for levying a war against him , or banishing him and his disciples out of the land ; or to fill the mouths of the greedy pharisees , devouring widowes houses , for their pretence of long prayers ; or that he would have payed , or suffered to pay their extortions , if any had been exacted of him , or his disciples , for his preaching , or working miracles ; or if help or hire had been demanded , for encouraging those that rose to stone him for his good deeds . . it is lawful to pay a part to preserve the whole , when it is extorted only by force & threatenings , and not exacted by law ; when it is a yeelding only to a lesser suffering , and not a consenting to a sin to shift suffering . the objection of a man being seised by a robber , transacting with him to give him the one half or more to save the rest and his life , commonly made use of to justify the paying of these impositions , while under the power and at the reverence of such publick robbers , cannot satisfie in this case . it is thus far satisfying , that there is a manifest concession in it , that instead of righteous rulers , we are under the power , and fallen into the hand of robbers , from whom we are not able to rise up . but there is no paritie . for to bring it home without halting , and make it speak sense , we must suppose that the robber , not only requires a part for himself , and a part for his underling shavers , horse-rubbers &c. but a part upon this declared account , that he may by that supplie be enabled & furnished with all things necessary , for murdering my father , mother , wife , children , kinsmen , & friends ( all whom he hath now in his power ) yea , and for doing that besides , which is worse than all these put together : whether then shall i , by giving the robber that part which he seeks , enable him to do all these mischiefs ? or by refusing , expose my self to the hazard of being robbed or slain ? let the conscience of any man answer this ( for nothing can be here alledged against the paritie as now propounded ) and then i fear not but the objection shall be found a blaze of empty words , blown away by any breath . but alas ! will this tattle of a robber be found relevant in that day , when the publick robbers shall be proceeded against by the just judge ? let them who think so , think also , they see the court fenced , and the judge set , and hear these words sounding in their ears , ye are cursed with a curse , for ye have robbed me. even this whole nation ; and then they are like to lay as litle weight on the objection , for fear of falling under the weight of the curse , as i do . . it is lawful passively by forcible constraint to submit to the execution of such wicked sentences , as impose these burdens , if it be not by way of obedience to them : this is suffering and not sinning . hence it is easie to refell that objection : if it be lawful ( which hitherto was never questioned ) for a man , who is sentenced to die , to go to the place of execution , then a man being under the moral force of a law , which is equivalent , may pay cesses , localities , fines &c. ans. . might it not be doubted , whether a mans going upon his oun feet to be execute , had as manifest , and ex natura rei , a tendency , yea & proper causuality to advance the design of the enemy , and his refusing to go had as clear a testimony against the clamant wickedness of their course , as his refusing to pay their impositions ; whether , i say in this case a man might no● , yea ought not to refuse to go to the place of execution . but . whosoever would conclude any thing from it , to give it either life or legs , must make it run thus : let the order run in this forme ( else there is no paralel , and so no inference ) we appoint all the opposers of our course ( that is all the lovers of our lord jesus ) whom we have for their rebellious randevouzing at conventicles sentenced as enemies & traitors to die , to come and be hanged by virtue of our sentence ; otherw●se besides the moral force of the law , adjudging them to die , we shall use force , and drag them like dogs to the place of execution ; and in puting us to this trouble , they shall fall under the reproach , that being sentenced to die , they scrupled forsooth , yea refused to go on their oun legs to the gibbet . let this i say be made the case , which to me is the exact paralel , and their every child will know what to answer , or to hiss the objection as pure ridicule . . i suppose the objection speaks of a righteous & innocent person , who for righteousness is brought , as a sheep to the slaughter ( for a malefactor , who hath lost all right to his life , is not to be understood ) then to make the case paralel , it must be taken for granted ( ) there is a publick law with the penaltie of death statute for the violation thereof . ( ) that the person to be executed , hath not only transgressed that law , but his disobedience to the law is notour . ( ) that he is processed and convict of the transgression thereof : whereupon followes ( ) the sentence , and then the execution . now the law being wicked , and the man from the fear of god being constrained to disobey the law , he can in nothing be justly construed active , but in that disobedience or renitence : but in the whole of what befalls him for this , he being a captive prisoner , is to be looked upon as passive . yea the very act of going to the place of execution in the present case , howbeit as to its physical entitie , it is of the same kind with the executioners motion that goes along with him , yet in its moral & religious being , whence it hath its specification , it s wholly the suffering of a captive , well then , ere any thing can be pleaded from the pretended paritie ; seeing there are laws , made for paying such exactions , cesses , salaries , & fynes , for the declared ends of ruining the people & interests of christ. it s necessary , in order to a just paralel , that the law must be ●irst disobeyed . ( ) the disobedience must be notour . ( ) the delinquent must be processed & pursued , as guilty of the transgression , and convicted thereof , whereupon sentence passeth against him for the breach of the law. here i grant all with advantage to the cause : as in the first case , so in this , he who is judged guilty of the breach of this wicked law , and who is sentenced for that violation , ought to suffer patiently the spoiling of his goods , and not to decline suffering , if it were unto blood , striving against this sin . . it s lawful of two evils of sufferings to chuse the least : where both come in the election , as in the cases forementioned , and in a mans throwing of his goods over board in a storm : these and the like are deeds in the present exigent voluntary & rational , being upon deliberation & choise , where the least evil is chosen under the notion of good , yea of the best that can be in the present case , and accordingly the will is determined , and meets & closes with its proper object : or one of them only be proposed to be submitted to , but another lesser evil of suffering is in a mans power to chuse & propose , for purchasing his immunity from a greater ; which is not imposed nor exacted of him , either by a wicked law , or for wicked ends declared , but voluntarely offered ; as in the case of parting with some money to a robber or murderer to save the life , when he is seeking only the life ; as the ten men that were going to the house of the lord said unto ishmael , slay us not for we have treasures in the field , for which he forebare and slew them not ier. . . in this a man does nothing , which under such circumstances is not only lawful ( one of the main ends for which goods are given to him , to wit the preservation of his life , being thereby attained ) but it were a grievous sin , and would conclude him guilty of self-murder , not to make use of such a mean for preservation of his life , which god hath put in his power , and is in the case called for by his precept . but however force may warrant one to do that , which may be done for shunning a greater evil of loss ; yet it is never sufficient to make one do that which is a greater evil , than all the evil that can be said to be shunned : for the evil shunned is suffering , but the evil done to shun this , is real and active concurrence , in manner , measure , & method , enjoyned by law , in strengthening the hands of those who have displayed a banner against all the lovers of our lord jesus christ ; a manifest chusing of sin to shun suffering , and a saving of life with the prejudice of that in the preservation whereof he should be ready to lay doun all , and be at a point to endure the worst this wicked world can make him suffer , ere he be found guiltie in the matter of a complyance of that nature . and thô the rod of the wicked should seem to rest on his lot , for his refusal , and he be the object of their rage & revenge , for holding his integritie ; yet he shall be honoured as a faithful witness , helped to endure as seeing him who is invisible , and amidst all his sufferings & sorrowes , made to rejoice , in the hope that when god shall lead forth these workers of iniquity , he shall not be found amongst the company of these who have turned aside with them into their crooked courses , and for that shall be overturned & crushed with them , under the curse that is hovering over their heads , . it s true a man should not cast himself and his family ( which if he provide not for , he is worse than an infidel ) upon sufferings , either needlessly or doubtfully , when he is not perswaded it is trurh & duty he suffers for , and of value sufficient to countervail the loss he may sustain for it . but on the other hand , in the present and all like cases it is highly of the concernment of all men to be careful & circumspectly cautions , when the case comes to be stated upon suffering or not suffering , in examining well whether the course whereby a man shuns suffering● be of god , and not to take plausibilities for demonstrations ; seeing the flesh is not only ready to inculcate that doctrine , spare thy self , but is both witty of invention to plead for what will affourd ease , and as unwilling to listen to what would , if attended unto , expose us to the malice & rage of rigorous enemies : it being alwise more becoming the professors of the gospel , and the followers of our lord jesus , who must walk to heaven bearing his cross , to abstain at all hazards when the case is doubtful , than to rush forward upon an uncertainty , when it is not evident they have gods approbation for what they do . yea suppose a person erred to his oun hurt in the first case , through weakness , yet it will argue much more sincerity & uprightness towards god , and is done with less danger than in the other . and as many as walk according to this rule , are like to have the peace of the israel of god , to compense whatever of trouble or loss they may meet with in the world , when others shall not have this bird of paradise to sing in their bosome . ii. but shunning prolixity , to come neare● the point , because perhaps some may alledge such cases are not determined in the scriptures , nor can any case be found paralel to these under consideration , from which we may gather the determination thereof ; which i think indeed hard to find , because in the wickedness of former ages such monstrous exactions had never a precedent , for such declared ends , so declaredly impudent . i shall make some suppositions , and propose some questions , all of a piece , and some way paralel to this under debate , and leave any conscience touched with the fear of god to answer . . suppose , when our lord iesus and his disciples were tossed upon the waves by the storm at sea . and he was sleeping , that then herod or pilate , or the chief rulers had sent peremptory orders to all men , to supply and furnish with such things as he had , the men they imployed , to capacitate them once for all and for ever to sink that floating bottom out of sight ; and that somewhat should be given to the souldiers engaged in that enterprise , somewhat to the pharisees fot perswading them to it , and fynes to be exacted from the recusants , and rewards to be given to such as should keep them in custody that should fall in their hands , either of them that refused to pay the moyety prescribed , or of such of them as should escape drouning . in this case would , or durst any of the lovers of iesus comply with any of these demands ? and not rather chuse to perish with him , or in opposition to such wicked attempts ? now hath not the lord jesus , and all the interest he hath in the nation , been imbarqued as it were in one bottom , and floating like a wrack in the sea ? and have not these called rulers in this land , in their rage against the lords anointed , and the handful who adhere to him , sent their peremptory orders to pay a cess for sinking his floating interests ; and to pay the curats for perswading to it ; and fynes for not concurring in it ; and rewards to iaylors & others that are appointed to oppress the recusants ? who durst concur then in this complyance , who had love to christ in exercise , and who had his friends in the same bottom imbarqued ? and besides seeing the great god had the man of whom this is required , bound with his oun consent , under a sacred & solemn oath , and under the penaltie of never seeing his face , if he do not venture life & fortune to preserve that precious interest , and all who are embarqued with it from perishing . shall he notwithstanding of this , give what these enemies to christ , call for as his concurrence , to enable them to execute their wicked contrivance ? does any man think or dream that the pitiful plea , of what they call a moral force , will clear and acquit him before god from the guilt of a concurrence in this conspiracie , while in the mean time he furnished whatsoever these enemies demanded of him with this express declaro that it was for this cause exacted , and for this end imposed ? or can he think to be saved , when they shall be sentenced who with so much deliberation & despight have done this thing ? o let us consider the after reckoning ! and let us not with pretences distinguish our selves into a defection , or distract our selves into the oblivion of this , that god is righteous to whom the reckoning must be made . . let it be supposed , under sauls tyranny , when the ziphims informed him of davids hiding himself with them , or when doeg informed him of abimelechs resetting him , that an order had been given forth to all israel , with this narrative : whereas that rebel david had now openly despised authority , had been intertained by the priest , received goliabs sword from him , and gathered a company of armed men together , therefore to the end he and his complices , may be brought to justice , we ordain all from dan to beersheba , to concur either personally in this expedition against him , or to pay cess to our standing forces to maintain them in this expedition , or so much to gratify the ziphims for their kindness , or to furnish doeg with a sword , to murder the priests of the lord. would any that favoured davids righteous cause , have dared to do any of these ? would these that durst not concur themselves , contribute any encouragment to the concurers ? would sauls servants that would not fall upon the priests of the lord themselves , have given doeg one of their swords to do it , or money to buy one , if it had been demanded ? to the same purpose , suppose a party comes to a dissenter , with an express order , and this narrative , whereas there is such a minister , meet with some people , at an execrable conventicle as they call it ( but in it self the pure worship of god ) therefore to the end the minister may be taken & murdered , and the servants of the lord for the countenance they gave him may be brought to the same punishment , they ordain him , for the accomplishing of their design , to furnish that partie with all necessares , or to pay such a summ of money for not concuring with them : now should he in this case not only forbear to lay doun his life for his brethren , and forbear to deliver them , that are thus drawn unto death on such an account , ( into which forbearance the great god will make so accurate an inquirie prov. . , . as may make us tremble , whether we look backward or forward ) but also furnish according to the tenor of this order , that partie of the dragons legions , in their war against the prince michael & his angels , with supplies , and think to put off the matter and plead innocent with this , that he was under the moral force of a law , accompanied with such military force , as if he had refused , they would have taken away all he had & c. ? for this plea in its full strength , is to do evil that some good may come of it ( no true good ) which brings just damnation rom. . . or to chuse sin rather than affliction . . what if manasseh , or other idolatrous princes , that sacrificed to devils , and made children pass through the fire to molech , had enacted a cess , or under severe impositions of fynes had commanded all to concur to a solemn sacrifice of that nature , charging every man against a certain day , to bring in his proportion in order to celebrate the sacrifice with all its statute solemnities ; or should have taken a child from every father , and then made a law that each of these should contribute such a summ , for furnishing with all necessaries , and maintaining these murderers , whom they had conduced to shed the blood of their innocent children or sacrifice them to molech : could it be expected that any of the godly would have payed such exactions , and then have wyped his mouth with the notion of a moral force ? this comes home enough to our case : for no sacrifice they can offer to the devil , can be more real or so acceptable , as what they declare they intend to do ; being so direct , not only an opposition to the coming of the kingdom of christ , but the deletion of his precious interests , and exstirpation of his faithful remnant , and the giving satan such an absolute dominion in the nation , as that they who have made the decree , and all who put it in execution , practically declare thereby they have mancipate themselves to his slavery , and sold themselves to work wickedness , in the sight of the lord : so likewise , that all the rest of the nation , may with themselves become his vassals , and in evidence of their opposition to christ , and in recognition of satans soveraignity & their subjection , they are appointed to pay these black meales . . let it be supposed , that after nebuchadnezzar had made the decree , for all to fall doun & worship his image , and the three children were apprehended for refusing it , he had made another , that all the jewes especially should contribute , every one a faggot , or money to buy it , to heat the furnace , or a rope to lead them to it : can any man suppose , that daniel , or the rest of the faithful , would have payed it ? even so , let it be supposed , that any one of these faithful ambassadours of christ , or all these zealous workers together with god , who have laboured among the people in the preached gospel , should fall into the hands of these hunters ; and then they should make a law , and appoint every man in the nation , to send but one threed , to make a towe , to hang that minister , or to hang the whole company of christs ambassadours , and a farthing to pay the executioner : can any man , without horrour think of complying so far as to contribute what is commanded ? or would not a gracious man frighted into an abhorrence at the attrociousness of the wickedness , or fired into a flame of zeal for god , say without demur , as not daunted , with fear of what flesh could do unto him , i will rather venture my all to keep them alive , or be hanged with them , than by doing what is demanded be brought forth & classed in the cursed & cruel company of those who shall be dragged before the tribunal of christ , with their fingers dyed & dropping with the blood of those who are peculiarly dear to him ? i know it will be said that in all these cases it would be a clear case of confession . well , that 's all i would have granted : for that which doth over ballance to a testimony , in all the cases mentioned , is so far from being wanting in the cases now under consideration , that they have all to enforce the duty , that all of them put together do include ; as will be clear to any who consider ( ) the preciousness of the things & interests to be destroyed ( ) the concurrence called for from every one , that this desperate design may be accomplished . ( ) the great , manifold , & indispensible obligations all are under , not only to abstain from the required concurrence , but to preserve also & maintain these things in opposition to all , whom satan sets on work to serve him in this expedition against the son of god , and to do it or endeavour it with the loss of life , and all things dearest to men , to the end that these things which are satans eyesore , as only obstructive of his kingdom , may be preserved among the poor remnant , and propogate in their power & purity to the posteritie . happy he who shall be found so doing now , when the dragon and his angels are drawn into the fields , and have proclaimed the war , and published to the world the causes thereof ; so that now this general having laid aside all his old disguises , doeth in his true shape march upon the head of his black legions , who wear his badge & colours , and fight under his banner & standart . iii. in the last place , with all possible brevity , i shall offer some reasons against complyance with these exactions in cumulo . . to pay these impositions , upon such declared accounts , for such declared causes , and for such declared ends , would condemn the contendings & sufferings of many eminently godly , especially in our day who have refused them . of these questions & sufferings thereupon among the godly in former times , we cannot instruct much , for such insolent impositions , as to all the dimensions of their heinousness , were never heard before . but we want not examples of the saints refusing to give their money and other such things to wicked men , either to comply with their wicked demands , obey their wicked laws , encourage their wicked courses , or furtheir their wicked designs . in scripture we find paul would not give felix money that he might be loosed , thô he sent for him often for that end act. . . mr durham in his exposition of the revelation . chap. . vers . lect. . pag. gives an account , that when in the persecution of dioclesian the persecutors sought but the bibles , poors coats , money , or cups ( wherewith they served ) to be given them , as some evidence of their ceding ; but they refused to accept deliverance upon these terms : yea when the souldiers , partly wearieing to be so bloody , partly desirous of seeming victory over christians , did profess themselves content to take any old paper or clout in place of the bible , they refused to give any ecvola ( as it was called from the greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) or cast-away clout ; yea when souldiers would violently pluck such things from them against their wills , they would follow them , professing their adherence unto the truth , and that they had not any way willingly delivered these things , as it is to be seen in baronius . an. . pag. . it is reported of one marcus arethusius , who was put to torment under iulian , because he would not build the idol temple which he had formerly demolished , when they were content to accept some part of the expenses from him , and to spare his life , he refused to give obolum or one half penny , sozom. lib. . . cent. mag. cent. . pag. . and . by which and many other instances we may see , how resolutly the primitive saints held fast their testimonies : from which especially they were called martyrs or witnesses ; and by which often , not only many weak ones were strengthened , but also many persecuters convinced and made to cry out , certainly great is the god of the christians ; while as they saw that no allurments on the one side , nor terrors on the other , could make them loose their grips , but still truth and christ were born witness unto , and well spoken of by them . it will not be unnecessary here to consider some of mr. durhams observations in the fourth lecture , for clearing thereof , he adduced these matters of fact . such as obs. . that the giving of a testimony by outward confession of the truth when called for , is necessary , and commendable , as well as soundness of faith ; yea it is oftentimes the outward testifieing of the truth before men , more than the faith of it before god , that bringeth on suffering : and there was nothing more abhorred in the primitive christians than dissembling of a testimony , to evite suffering , as appeareth in augustins writings de mendacio & contra mendacium , and the writings of others to that purpose . obs. . that every truth of the word may be a ground of suffering warrantably : for the least thing that hath a truth in it , as well as the more concerning fundamental truths , is the word of god , and so can not be dispensed with by his people . obs. . every truth in the word hath an outward testimony joined to it , and sometimes may be called for upon very great hazards . obs. . when it is called for , this testimony or confession to any truth befor men , is no less necessary , and ought as peremptorily to be held and st●ck to as the former : therefor it is called ( rom. . ) confession unto salvation . and called for by a peremptorie certification . matt. . . . obs. . that these who are sound in the faith of the word , will be also exceeding tonacious of their testimony , in scripture , and in primitive times , we will find the saints sticking at , and hazarding themselves on things which appear of very small moment , yet were to them of great concernment ▪ because of the testimony , which was involved in them , which they would not let go . such was mordecai , ester . daniel . his not shutting of his windowes . yea further in his lately printed sermons on matth. . . serm. . pag. . the same author saith . there is not in some respect a more and a less in the matter of duty and in the matter of truth or in respect of suffering . and a little after . § . . he sayes , we would not limit sufferings for christ to things simply lawful or unlawful , for it may be sometimes for things indifferent in their oun nature , which yet being so & so circumstantiated to us may draw on suffering ; a thing may be indifferent & lawful to some , which to others stated under such & such circumstances may be counted a receding from some part of a just testimony ; even thô the matter be not such in it self and in its oun nature , yet it may be so circumstantiate to some persons as it may be lyable to that construction if they shall recede from or forbear it ; as in the example of daniel , who suffered for opening his windowes , which was a thing indifferent in it self and not essential to his worshiping of god , but — he finds himself bound in conscience , and that on very just ground , to do as he was wont to do before , and that on the manifest hazard of his life , left his malicious enemies should have it to say , that he receded from his duty , & that he thought more shame now , or was more afraid now , than before to worship the true god. how worthy mr knox argueth for withholding emoluments from the false bishops and clergy may be seen before , part . . per. . pag. , . the general assembly in their declaration dated jullij ult : . concerning the then unlawful engadgement in a war against england , plainly & positively dehorteth all members of the kirke of scotland from contributing any assistence thereunto , expressed as followeth ; that they do not concur in , nor any way assist this present engadgement , as they would not partake in other mens sins , and so receive of their plagues but that by the grace & assistence of christ , they stedfastly resolve to suffer the rod of the wicked , and the utmost which wicked mens malice can afflict them with , rather than to put forth their hands to iniquitie . in which declaration may be seen at large , that candor , faithfullness & freedom which becometh the ministers of the gospel , & dignitie of watchmen , in their seasonable warning & disswading all from assisting any way to that unlawful engadgement , perceiving the sin and snare thereof , so obviously tending to the involveing the land in guilt , & exposeing to wrath ; yea and that notwithstanding of the fair and plausible pretexts of the engadgers and joyners therein , who pretended & professed their undertaking to be for the furthering reformation , establishing and securing the covenanted religion from the plotings & endeavours of the popish , prelatick & malignant enemies thereof , and prosecuting the ends of the covenants ; pretences which no doubt our silent & time-serveing ministers ( if they had any such now to plead ) would streniously improve , in vindication of their prudent silence , sinfull & shamfull complyances . alas how sad & lamentable is the condition of the church & nation now ! that even when the case is so far altered that not only all such pretences are laid aside , reformation deserted & disdained , the established religion razed & ruined , the covenant broken & burned , and the owning the obligation thereof declared treason , but also an absolute power pleaded & exercised to the suspending , stoping & disabling all penal laws against poperie & prelacy , a gap opened by an antichristian toleration to the leting in all the heresies , idolatries & blasphemies of the mother of harlots , and the land openly defiled therewith , unjust & wicked taxations arbitrarily imposed and levied , for the most dreadful , sacrilegious and hellish ends that ever was publ●shed to the world , far exceeding in wickedness these testified against by the assembly , or any formerly . while the watchmen have so far abandoned their duty of seting the trumpet to their mouth and giveing due warning of the sin and danger of those dreadfull and judgement-procuring courses , that they are caught in the snare & found complementing & encouraging , the principall instrument of all these evills , by their scandalous flattering adresses . how faithfull & tender some have been even in our day their sufferings and losses in a measur above others makes manifest , amongst whom the worthy laird of kersland is not to be forgotten , whose estate heritable & moveable was declared forfeited , and seased , for his appearing in arms to joyn with that faithfull party who by horrid oppression were forced to betake themselves to defensive resistence anno ; who considering the equitie of the cause he appeared for , the indispensibleness of the obligations binding him to that duty , and how much a good conscience is to be prefered to an estate , durst not part with the sweet comforts of the one for the uncertain profits of the other ; and as he was earnest with god by frequent & fervent prayer for light & stedfastness in the matters of his suffering & testimony , so it pleased the lord , so to determine his heart therein , as that all the endeavours & perswasions used both by friends & foes to move him to a composition with the enemies for his estate proved unsuccessfull , yea it is well known how that severals , both of his near relations & others , who used the most forcible & perswasive arguments , as the consideration of the ancient & honourable familie he was descended from ; the miserable case that he , his lady and children should be in , without his estate ; the counsel & judgement of grave & godly ministers ; the freedom & practice of other learned and knowing men ; togither also with the imputation of vain scrupulocity , simple & unwarrantable nicitie & precisness &c , that yet even some of those who dealt most with him , were by his defences & reasonings convinced of the equitie of his cause , and brought to commend his upright resolution , and to applaud his tenderness and faithfullness ; and in particular his own father , who pleaded much that he would only consent , that he with others of his friends might compone in favours of his familie , and that he himself should be no wayes concerned in it further than to assent that the thing be done , but could not prevail , who afterwards blessed god that he did not , declaring that he had much more satisfaction , & comfort in his sons honestie , & stedfastness than many such estats could ever have affourded him . i shall here mention some considerations which prevailed with him to decline all composition directly or indirectly with the enemies in that matter . ( ) that he could never attain to freedom to use any such manifest dissimulation , as deliberatly to assent to any thing that might import his acknowledgeing that to be a sin & fault ( yea such a sin & fault as rebellion ) which he was convinced in his conscience to be unquestionable duty both before god & man , nor therby dissemblingly to insinuat his undoubted right to his estate , to be in the person or at the ●isposeing of any other . ( ) considering that there can be no new right procured upon a composition , and granted to any , but such as shall carry in the narative thereof that he had forfeited that estate by rebellion , with a long preamble condemning the cause of god , and dutyfull endeavours of his people for reformation , and in defence of religion & libertie , all as sedition , rebellion & treason ; whereupon he resolved rather to part with his estate , than be any way instrumental & occasional to the indignifieing that holy & honourable cause with such disdainfull , reproachful & blasphemous epithets . and albeit such tenderness in principle & practice of this worthy gentleman , and of many others of the faithfull sufferers in our day , be censured & condemned by the luke-warm & worldly-wise professors in this age , as an unprecedented noveltie , or precise & unwarrantable notion , yet we find it the same with the faithfull sufferers in former ages , and exactly agreeing with the doctrine & principles of the most orthodox and famous divines , for the reverend and learned calvin● haveing the same case of conscience proposed to him by the godly , persecuted in his age , to which his solid and faithfull answer is extant in his epistle , article third , thus proposed and answered . an a principe peti possit confiscatio bonorum , illorum nomine & gratia , quibus persecutio intenditur ? resp : certum est illud fieri non posse sine peccato , rescriptum enim sive indultum principis , complectitur omnino blasphemias apertas , contra dei gloriam , quia fiet illic mentio , errorum & crimìnum , & laesoe majestatis divinae , à damnatis ; quod rescriptum erit deinde in jure exhibendum illi qui eo uti cogitabit , atque illud est approbationis genus quoddam , nullo modo ferendum , quare non video ut viro pio & recte justituto in evangelio , ejusmodi fictionibus sese liceat involvere . i. e. whither the confiscation of goods can be sought back again from a prince , in the name and behalf of these who are forfaulted for religion ? to which he answers , that it is certain it cannot be done without sin ; for the new right , or the de novo damus , ( as we call it ) granted by the prince , doeth really contain , open blasphemies against the glory of god ; because therein mention is made of errors , crims , & divine lese-majestie , whereof the condemned are found guilty ; which new right most in law be exhibited by him who intendeth to use the same ; and that is a certain kind of approbation no ways to be tolerat . wherfore i see not that it is lawfull for a godly man rightly instructed in the gospel , to involve himself into such fictions . . from the fountain & conveyance , whence they proceed ; the iniquity of these payments might be concluded ; which is nothing else than that arbitrary power domineering over us , and oppressing & overpressing the kingdoms with intolerable exactions ; which to pay is all the consent & concurrence required of us to entail slaverie on the posterity . i mean to pay it , out of submission only to the moral force of its imposition , which is all the justification required of that absolute tyranny imposing it . for we have the testimony of a king for it ( k. iames speech to the parliament anno . ) that a king degenerateth into a tyrant , when he leaveth to rule by law , much more when he begins — to set up an arbitrary power , impose unlawful taxes &c. it can be denyed by none , that know either religion or liberty , and are not enemies to both , that these impositions under consideration , upon such accounts , for such ends , are as unlawful taxes , and as illegally and arbitrarily imposed , as ever could demonstrate the most despotical absoluteness , paramount to all law , or precedent , but that of benhadad , of a very tyrannical strain , thus saith benhadad , thy silver & thy gold is mine — yet i will send my servants , and they shall search thine house , and it shall be that whatsoever is pleasant in thine eyes , they shall put in their hand , & take it away , king. . , . which even an ahab and his elders would not hearken to nor consent . but from an exotick dominator this were not so intollerable , as from such as pretend an hereditary right to govern , who should remove violence & spoyl , and take away their exactions from the lords people , as the lord saith , ezek. . . but instead of that , that they may do evil with both hands earnestly , the prince asketh and the iudge asketh for a reward , and the great man uttereth his mischievous desire , so they wrap it up , mic. . . the easie complyance with which , makes zion as the grape gleanings of the vintage . if those exactions be wicked , then complyance with them must be iniquity : for it justifies the court that enacts & exacts them , a pa●qued iunct● of a prevalent faction made up of perjured traitors , in a course of enmity against god , and the country , who to prosecute the war against the almighty , and root out all his people out of the land , condescend upon these cesses , fynes &c. as a fit & adapted medium thereunto . wherefore , of necessity all that would not oune that conclusion , as their oun deed , in these representatives , and oune them as their representatives in that deed , must bear witness against the same , by a refusal , to oune the debt , or pay the same . but i shall conclude this , with observing ( ) the holy & remarkable righteousness of the lord , that we , who would not contend earnestly for the liberty of the gospel , who would not acquit our selves like men , in witnessing our loyaltie to christ , were not fixed in our engagements , nor stedfast in holding the liberties , wherewith christ hath made us free , did not reclaim nor reluctate when we saw our royal masters prerogative invaded ; should be trode upon in all civills , and treated as slaves , even by these , whom we had gratified with a base & sinful forbearance to plead for god , and preserve from their violence these things , these precious & invaluable things , which we should have kept more tenderly than the apple of our eye . o the relucency of this righteousness , in making the gods whom we have served smite us , and in making them , whose interest we minded with a misregard & perjury-involving neglect of the interest of christ , thus to destroy our poor pitiful interests ! and thus having taught them to be captains over us , we must now sit in the house of bondage in our land. ( ) who will not adore & admire the righteousness of the lord , particularly in leaving some of these to be designedly trode upon , who not only were involved in the common guilt of not with-standing these encroachments , but first went a great way in concuring to the making of these wicked laws ; and now have been made to lye under the load , laid upon their loyns , by the hands of such , to whom they gave the hand in overturning the work of god ? why should not they be spoyled ? why should not the young lyons roar upon them , and make their land wast ? why should not men of the same mettal & soul with the children of noph & tahapanes , break the crown of their head ( or feed upon their crown ) who have sold & set the crown of christ upon anothers head , and concured to crush his faithful remnant ? o let us learn to read & revere ! let us not be wheedled with we know not what , out of our good old principles into the espousing the interest , or embarquing into the same bottom with men of such principles & practices . and whoso is wise , and will observe these things , even they shall understand the loving kindness of the lord : great loving kindness , that he hath shewed to his poor remnant , in delivering us from deliverances by such deliverers , whereby the work had been more really and more shamefully ruined , and the hope of the posterity more certainly razed . . from the declared ends of all of them , declared either verbally or virtually , and indisputably & universally known : to wit , that by such exactions they might be enabled to maintain & prosecute the national rebellion against christ , and root out his gospel , and all the faithful preachers & professors thereof . these designs being notour , and the impositions demanded being the best expedients , and most adapted means to attain them , it cannot but be manifest , that whosoever complyes with the means do cooperate with the ends : which , if any thing , will involve the complyers in the contrivers sin , and make the payers obnoxious to the enacters judgments . if they that take rewards to slay innocents , be lyable to a curse deut. . . they cannot be free who give them : they cannot say amen to it , who so cooperate to the effectuating the slaughter . if any thing make zion lyable to be plowed as a field , when the heads thereof judge for reward , mic. . , . it must be , when they demand such rewards , and the demands are complyed with . but some may pretend , and under that pretence think to shut the shour of suffering , and command the serenity & sun-shine of a good conseience too , and to shelter their soul under that shadow ; that these exactions may be necessary for other ends : can any state be without exactions ? is it not necessary that forces be maintained and such as are in publick office in the kingdom ? wherewithall shall the nation be guarded against forreign invasion ? alas ! the pretence is so false & frivolous as he could not escape the censure of foolish , who in answering it appeared serious , save in a just indignation at its empty vanitie . what are these forces and publick officiers for ? what are they employed about , but to promote the dragons designs , and serve his drudgerie ? shall these guard the nation , who together with religion tread upon the poor remaining shadow of liberty ? do they indeed fear a forreign invasion ? no , it doth not hold us here : these called rulers hide not their designs , but hold them to our eye that we may not pretend ignorance . they will do the greatest hast first : christ and his interest is their great eyesore . this one iesus who calls himself a king ( yea and he will be so to their cost ) and his subjects as the most dangerous partie , are to be discussed in the first place : and thereafter , when they are liberate from that fear of his returning to his throne , whom they have exauctorate ( for if ever he do , they are ruined , make hast o lord● ) and have eaten the flesh and drunk the blood of his people , then they will be in a better case to defend the land , by shewing the enemy those teeth & tusks , wherewith they have torn the people of the lord. but will men put out their oun eyes , that they may be taken with the more tameness to grind in their mill , and make them merry at our madness ? have we lost our senses , that we may with confidence jeopard our souls ? have they not invaded the mediators kingdom , and taken to themselves his house in possession ? and because reavers may not be rewers , they will destroy all in the land , who seem faithful to christ , and resolute to follow the captain of the host of israel . but is it not enough that they menace heaven ? will they mock us into the same rebellion with themselves ? he will not be mocked , but turn their jest into earnest . i cannot here shift the transcribing some of the very words of that author , whose reasonings i am but gleaning on this subject . oh brittain ! o scotland ! bent into , & bold in backsliding , the wrath of god , and thy wo seems to be upon the wing . and alas ! i am afraid , that by this crowning & crimson wickedness , the lord god almighty is making a way to his anger , and preparing the nation for a sacrifice , to expiate in the sight of the world our perjurie , defection & heaven-daring provocations . alas ! i am afraid that the sword of the lord , which shall avenge the quarrel of his covenant , is near to be drawn — that the contributers , as well as the stated partie of contrivers , decreers and cruel executioners of these decrees , may fall under the blow of the forbished sword of the lord god : and that the land of such abominations , may be swept of its inhabitants with the besome of destruction , and soaked with the blood of those , who instead of contending for christ , have by this payment associate with his stated , his declared , and implacable enemies , whose rage is come up before him , and will bring him doun to take revenge . alas ! my fears , my fears are multiplied upon me , that the war shall not only at last land in britain : but that he hath been all this while training up a militia abroad , breeding them in blood , and teaching them how to be skillful to destroy , against the time he give them order to march , and put the flaming sword in their hand , to be bathed in the blood of backsliding brittain ! oh if our turning unto him , that he might turn away from the fierceness of his anger , might prevent this woful day ! but since instead of any turning unto him , we surpass the deeds of the heathen , and out do in wickedness all that went before us , and proceed with a petulancy reaching heaven from evil to worse ; i am afraid that all the bloodshed since the sword was drawn in the nations about , all the sacked cities all the burnt dorps & villages , all the wasted countries , all the slain of the lord by sea or land , all the pillagings , rapes , murders outrages ( which rage it self , could hardly outdo ) all the horrid & inhumane cruelties , that have been committed during this bloody war ( wherein the sea hath been dyed , and the land as it were drouned with the blood of the slain ) all the truculent & treacherous murthers of that monster alva in the low countries , all the incredible cruelties of the guises , and the bloodshed in the massacres of france , all the tortures that the people of the lord have been put to in the valleys of piedmont , by that litle fierce tyger the duke of savoy , all the savage and barbarous butcheries of the irish massacre ; shall be forgotten , or seem things not to be mentioned in one day ; when what shall be done in brittain comes to be reinembered . o brittain ô brittain : of all nations under the cope of heaven , most ripe for the sickle of vengeance ! shall this throne of iniquity , which hath framed so many mischiefs into laws , and all that are complices in this wicked conspiracie , who now are gathering themselves against the soul of the righteous , & condemning the innocent blood , be able to save its subjects , when he comes to make inquisition for that blood ? or shall the subjects calling in all from to , be able to support the throne ? alas ! in vain shall they offer to draw up , and draw the sword & defend , when the lord god of hosts drawes his sword , to accomplish upon them the vengeance written , & wrapt up in these words , he shall bring upon them their oun iniquity ▪ and shall cut them off in their oun wickedness , yea the lord our god shall cut them off . and if it come to this , then in that day escape who will , professing gentlemen , and others who in this have complyed with the rulers , shall not escape : then shall they be payed for this payment . the storme of his displeasure ( even thô they get their souls for a prey , yea so much the more as he will not suffer them to perish eternally ) shall be observed to fall particularly upon their houses , interests , & estates . who can think upon the wickedness of brittain , with its just aggravations , and imagine the righteous lord will proportion his judgments , to the heinousness of our guilt , and his revenges to the rage , whereby he , and his christ hath been , and is opposed , and take other measures ? . from the nature of these payments , it is not our they are sinful complyances & transactions with christs declared enemies , and do partake of unitive confederacies with them ; which are demonstrated to be sinful , head . arg. . in gen . pag. certainly such bargains cannot be discretive , exacted and complied with by persons no wayes incorporate together , being only overcome by meer force : since they are not only demanded and granted acknowledgements of that power that imposes them , as legally lording over them , but obediential submissions to these wicked laws that enacts them ; which is a formal justifying of these laws : for laws cannot be obeyed except they be justified , seeing laws unjust and unjustifyable cannot be obeyed . therefore , seeing the payment of the cess , locality , fynes stipends , fees &c. is an obediential complyance with the laws that enjoyn them , that obedience can no more be justified , than the laws enacting such payments : which none can justify but he that is an enemy to those things for opposing which they are exacted . if then complyances with the wicked impositions & exactions of arbitrary dominators , enemies to the work & people of god , be in scripture condemned , then such payments cannot be justified : but such complyances are condemned , and cannot be approven . this was issachars brand , that being a strong ass , he couched between burdens , and bowed his shoulder to bear and became a servant to tribute gen. . . this was asa's folly , that he so far complyed with benhadad , as to give money to take his help king. . . condemned by the prophet hanani chron. . . &c. much more if he had given it to help him . it s one of the instances of the evil that menahem did in the sight of the lord , king. . — c . that when pul the king of assyria came against the land he gave him a thousand talents of silver , that his hand might be with him , which he exacted of israel : this was certainly evil in the sight of the lord , for if the confederacy was evil , then this price to procure it was evil also : and if menahems exaction was evil , then israels complyance was evil also ; for thus ephraim was oppressed & broken in judgement , because he willingly walked after the commandment , hos. . . it was also a part & proof of ahaz's confederacy with tiglith-pileser king of assyria , that he sent money to him king. . . which to all the fearers of the lord is condemned & discharged isai. . , . which if it was evil , then also hezekiahs complyance with sennacherib , giving him money , and offering to bear that which was put on him , king. . , . was evil : and also iehojakims taxing the land , to give the money according to the commandment of pharoh king. . . was sinful to the exacter , and likewise to the complyers . these were all sinful complyances and confederacies with the wicked , making their peace with them to whom they payed them : therefore all peace-making payments , by way of unitive aggreement with the wicked , must be sinful . and accordingly in the time of montrose , the gen. ass. made an act for censuring the complyers with the publick enemies of this church & kingdom , iun. . . sess. . see part. . per. . pag. . . where these exactions are extorted only as badges of bondage , without consent unto the law imposing them , it s a case more suitable for lamentation then censure , that she that was princess among the provinces should become tributary lam. . . but when they are acknowledgemens of the lawgivers , and an exact obedience to the law , and voluntary agreement & bargain with them , strengthening them to the prosecution of their mischiefs , they cannot be free of the imposers sin . it was the sin of the men of shechem , and a proof of their hearts inclination to follow abimelech , that they gave him threescore and ten pieces of silver , enabling him to kill threescore & ten persons and to hire vain & light persons to follow him , which they payed as an acknowledgement of his usurped power , iudg. . — . for which afterwards fire came out of the house of abimelech & devoured them . certainly a voluntary consent into a mischief is a partaking with the sin of it , a consent unto theft is a partaking with it psal. . . but if there be any consent unto a mischief , it must be when the person agrees it be done against himself , and voluntarily subjects himself to the force of the law imposing it , and not only does not oppose or witness against the doing of it against others , but yeelds to its reaching himself , and gives what is demanded to strengthen the robbers to exercise their robberie over all . as the payer of the cess , fynes , & fees , &c. gives all the consent required of him , to these mischiefs framed into law , not only to rob himself , but the church & nation of its dearest treasure the gospel , for the punishment of ouning which , and as means to remove it , these payments are exacted . but the plea of the payers is , that they are constrained to it , and they do it against their will. ans. he who sayes he understands this , that the payer of these exactions can purge himself of the guilt of them , is like to buy an after wit at a dear rate . can it be thought by any man of knowledge & conscience , that so remote a force makes the deed unvoluntary , whereby the payer is purged from the guilt of accession to the imposers deed , whom hereby in this very imposition he ounes as his representatives ! . the payment cannot be involuntary ; for the law enjoyning it , being the publick & declared will of the nation , requires no other voluntareness but obedience , and judgeth no other thing involuntareness but disobedience . so that the law being fatisfied , it absolves the satisfier from all transgression , and looks npon all who yeeld obedience as equally willing , and equally out of the reach of its appended penaltie , in case of disobedience . neither are we to please our selves with other fancies & fictitious unwillingness , when real obedience is yeelded , whereby the law is satisfied , and the law-maker capacitated thereby to act all his intended mischiefs . for to be unwilling to part with money in the case , as it is no vertue in it self , so i suppose there are few who will be sollicitous to purge themselves of this . and to be unwilling from some struglings of light & conscience , is such an unwillingness as aggravates the guilt of the giver , and makes it more heinous in the sight of god , and hateful in the eyes of all tender men : the law enjoyning such payments takes no notice of such reluctancies , only requireth obedience , and when that is yeelded , the law is satisfied , as to the voluntareness of the action , and must construe the agent a willing walker after the command , and a voluntary complyer with the publick will of the nation . . it must be simply , really , & truly a voluntary deed , when there is deliberation and election . the law requiring these payments being promulgate , every man must be supposed to put the question to himself , what shall i do in the case ? shall i obey and be free ? or disobey and suffer ? here is election & choice upon mature deliberation : and so the deed becomes truly voluntary . this will be confirmed , if we consider the law of god , deut. . . concerning rapes . where , to make the unvoluntareness of the betrothed virgin , she must not only be supposed to strugle & resist the attempt made upon her chastitie & honour by the villain , but she must cry for assistence in that resistence , without which she is held in law willingly to consent to the committing of that wickedness . and moreover if we consider the law vers . . it will be manifest , in order to her escaping of death , that when violented and the villain hath committed this villany , she is to carry as tamar ( when defiled of that beast , thô of the blood royal ) did sam. . . that is , to complain & cry , and crave justice against him , and be wanting in nothing , that may bring him to condign punishment . this doth aptly correspond to our case . scotland is the betrothed virgin : we were espoused to jesus christ , and joyned to him , by a marriage covenant , never to be forgotten ; but the rulers , and with them the body of the land have treacherously broken it : yet there is a remnant that adhere to him as head & husband ; because of which , these called rulers incensed against him will violently commit a rape upon them , and have them prostitute their bodies , their fortunes , yea their souls & consciences to their lusts , and thus they will needs ravish the queen in the kings presence . and so , while with displayed banner they declare they will drive our covenanted husband out of the nation , and destroy all who will oune him as such , they call for our assistence & complyance , to enable them to accomplish this wickedness . now either must we make all the resistence that is in our power ; or the law judgeth us willingly to consent ; and because of that we fall in the hands of the righteous judge , and have neither the evidence of our resisting , nor crying , nor pursuing the wicked for this violent rape , to produce and plead upon , why sentence should not pass , and the laws just severity be execute upon us . what ? alas ! do they declare they will stone our husband ? ( ah! for which of his good deeds is this done ) and shall they make a law whereby we shall be obliged to furnish them with stones to do it ? and shall they be obeyed ? is this our strugling ? is this our crying ? is this our endeavour that the wicked may be brought to condign punishment ? oh! let us meditate terror , lest we be brought forth as willing consenters ! for whatever vengeance the jealous & just god shall execute upon them , who have committed the rapt , shall equally , in its crushing & everlastingly confounding weight , fall upon them who do not by their-refusing , & their resisting make their unwillingness manifest ; which in the present case is their strugling their crying , and calling god and man , to witness , they are not consenters , but continue constant & loyal in their love to their betrothed husband . . a formal consent to the wickedness of these impositions were the less matter , if the payment of them were not also a concurrence to assist them , and a strengthening their hands in it . but this is so manifest , that the paying of the cess , locality , fynes , fees , &c. is a concurrence with and a contributing towards the promoving the wicked designs for which they are imposed , that he must have a conscience of brass , and in a great measure seared who will run upon such a formal engagement against the lord and his anointed king in zion . if it was aarons sin which made the people naked , and which brought so great a sin upon them , to take , and the peoples sin & shame to give , that contribution of golden ear-rings for making a calf , exod. . . &c. and if it was gideons sin to take , and israels to give , that contribution of the ear-rings of their prey , to make an ephod iudg. . . then , as it is our oppressors sin to take , so it must be our sin & shame to give , their demanded exaction to help them in erecting such idols of jealousie , as they have set up , and are commanding al● to bow to , to provoke the lord to jealousie , especially when they affrontedly require such contributions to be payed , both as punishments for not assisting , and as means to assist in their establishment . should we thus help the ungodly , and love them that hate the lord ? and will not this bring doun wrath upon us from the lord ? chron. . . alas ! instead of arguing , it were more fitt to fall a weeping , when it s come to be a question amongst us , whether , in stead of coming to the help of the lord , against the mighty , we shall really help the mighty against the lord , and that while they call for our assistence formally upon this declared account . as the very inscription of their acts does carry it in their front , requiring a supply to his majestie &c. if this be not a casting in a lot among them , who can tell what it is ? sure it is a preparing a table for that troup , and a furnishing a drink-offering unto that number , isai. . . seeing it is a supplying them with necessaries , to solemnize their idolatrous fest vities , who forsake the lord , and not only forget but lay waste his holy mountain , for which all that have any accession to it , are threatned to be numbered to the sword . if any thing be a strengthening the hands of evil doers , ier. . . certainly this is . for as they cannot accomplish their cursed ends without these exactions , so the payment of them , is all the present , personal , & publick concurrence in wageing this war with heaven , that is required of the nation , to wit , such a summ to furnish them with all necessaries , and maintain the executioners of their hell-hatched and heaven-daring decrees & orders : and the law requiring no more but contributing what is appointed , looks equally upon all the givers , as followers of the command , and active concurrers in complying with its end , and carrying on & promoving its design , and so assoils them from all the statute serverities , in case of deficiencie . . if it were only a concurrence in their wickedness to pay those their exacted supplies , it were more easily comported with : but i fear it shall be found a hire & reward for their wicked service . at first they were only enacted & exacted as helps to capacitate this popish prelatical & malignant faction to prosecute the war they had undertaken & declared against christ : but now , having thereby been enabled to carry it through this length that they have almost got all visible appearances for christ , in ouning his gospel , and propagating his testimony , quite suppressed by means of these impositions , and having got the fields cleared of those that formerly opposed their course & career , and all obstacles removed that might stand in the way of the reception , they have prepared for their mistris , the babylonish lady , the mother of harlots ; they now demand these payments , as their wages and hire for their labour : which to pay now is more than a justifying , seeing it is a rewarding them for their work . and to pay these pimps , and to purchase their peace thereby , is worse than to bring the hire of a whore into the house of the lord ( deut. . . ) since it is a hyring them to bring the whore into the house of the lord. o how hath scotland plaid the harlot with many lovers ! is this the zeal we should have had to our covenanted husband , and the honour of his house , that we have not only suffered his enemies , to come in and take possession of it , but consented to their invasion , and not only consented , but invited them to come in , and not only invited them , but prostitute our estates & consciences also to their arbitrary lusts , and not only plaid the harlot with them , but hyred them also when they had done ! and for this the lord may say to scotland , as he said to his people of old , they give gifts to all whores , but thow givest thy gifts to all thy lovers , and hirest them that they may come unto thee on every side , for thy whoredome ; and the contrary is in thee from other women in thy whoredoms — in that thow givest a reward , and no reward is given unto thee , therefore thow art contrary , ezek. . , . there israel is taxed for hyring the assyrians : but let it be considered and enquired into in the history , how this was : what evidence can be given of this in their transactions with them ? was only that they were entysed , or did entyse them into a communion with their idolatry ? it is true , ahaz may be an instance of that , in his sending the pattern of the altar he saw at damascus , king. . . and it cannot be denyed but in several respects they did partake with the assyrians in their idolatrie , which was their adulterie . but what could be their hire they gave them for it , if it was not their taxations they payed , and money they sent unto them ? as ahaz did vers . . and hezekiah also , thô a good man , king. . , . which can no more be justified , than asa's paying to benhadad . it was then their confederacies , and the hire of them the lord calls the hire they gave unto their lovers . with this also ephraim is charged , that he hyred lovers , hos. . , . of this we have instances in menahems giving to pul a thousand talents of silver , and exacting it of the people , king. . . . and in hoshea his becoming servant to shalmanesar king of assyria , and giving him presents , king. . . if then hyring wicked men in confederacies to help the lords people , be a hyring of lovers so much condemned in scripture , what must a hiring of them to hurt them , and rewarding them after they have done , and when they formally seek it for such work be ? but a giving the reward they seek to slay the innocent ( deut. . . ) and a voluntary yeelding that which they take ( ezek. . . ) which if it be sin in the takers , cannot be justified in the givers , but will render both obnoxious to the indignation of a provoked god , in the day when he shall begin to contend for the wrongs he hath got , both by the work and the wages . now let all the acts for the cess and continuation thereof , and other acts & edicts for fines & forfeitures , be considered in their just import , according to the trwe meaning of the enacters , and the causes for which they exact them , and will have them complyed with , it will be found they were both declared , intended , & improved , and accordingly approved by the complyers ▪ not only as helps but as hyres for our oppressours and destroyers , and for such as have been , and are more destructive and explicitely declared enemies to christs interests & people in scotland , than ever the assyrians were to the church in the old testament . the cess was not only a help but a hire to the tyrant & his complices , for suppressing meetings for gospel ordinances ; especially the continuation of it , from time to time was humbly , unanimously , chearfully & heartily offered , for themselves and in name of , and as representing this kingd●m , as a hire for the doing of it , and an encouragment to suppress what remained of these conventicles . the localitie was intended as a help to the souldiers in their quarterings upon this account , but afterwards , being expressly discharged to be furnished without payment according to the current rates of the countrie , act. . parl. . k. char. . aug. . . the contribution of it gratis must be interpreted for a reward of their service , fines are appointed , not only for a punishment of contraveeners of their wicked laws , but for a hire to their most violent executers . stipends for a hire to their hireling curats . and fees as a hire to iaylors to keep the lords people in bondage . by which hyres these destroyers have been rewarded , by them whom they have destroyed , and for which the righteous lord will reward both . . let it be considered , how far these submissions are short of , and how clearly these complyances are inconsistent with , that duty which lies upon us with reference to them . our obligation to god and our brethren doth indispensibly bird us to a contrary carriage . if it bind us in our station & capacity to an active renitency , it doth much more bind us up from such complyances . neither is it imaginable , how moral force can ever justify our doing that deed , we are obliged by all imaginable bonds , yea if in any probable capacity , by the utmost of real force , to counteract . can we give them that which they require , and by which they are enabled to murder our brethren , which we are so indispensibly obliged to rescue our brethren , prov. . , . to relieve the oppressed isai. . . to loose the bonds of wickedness , to undo the heavy burdens , to let the oppressed go free , and to break ever● yoke isai. . . what do we owe to these enemies , but seeing they have constitute themselves by these acts implacable enemies to christ , his people & interests in habitu , not only plainly & importunately to pray that he would overturn them , but to oppose their course , to the uttermost of our power , and to concur to wrest that power out of their hands ? and since they will needs make the whole nation a curse , they are so far from being to be complyed with , that for these exactings & exactions they are to be looked upon , and carried unto , not only as these who have sold themselves to work wickedness , but endeavour also to engage with themselves all in the same guilt , and expose them to the same curse . and therefore that the anger of the lord may be turned away from his people , every one in his station is obliged to endeavour to bring these achans to condign punishment . . as it must be taken for granted , that these wicked oppressions by law are perjurie avouched in the sight of god , yea in a peculiar manner , our covenanted subjection unto him is turned into an open war against him : so we cannot but beleeve , that for this hight of wickedness the curse of god ( to which in the covenant the nation in case of breach , is liable by their oun consent ) and the mediators malediction shall follow , pursue , overtake , and fall upon the head of these , who have made the decrees , and upon all who concur in the execution , and carry on this course : oh! its impossible to keep them company , and not fall with them into the hands of the living god. well then , seeing every one from whom these exactions are required , is under an anterior obligation to god and the brethren , to preserve these precious interests , which the imposers have been long essaying to root out & ruine , and his people whom they have been destroying , with the loss of all he hath , life not excepted . ( for i suppose none , who acknowledgeth his soul is still under the bond of the covenant ( and it s like to cost him his soul who denies it ) but he will oune this to be duty ; nay none who hath any sense of religion , but abstracting from the subjective obligation of a sworn covenant , he will oune an objective obligation from the law of the great superior , that doth immediately bind the conscience to witness against this course , and to lay doun , if it should come to that , his life for his brethren ) then for a man to give his goods to destroy these things & persons , which he is obliged to defend & preserve with the loss of all , is so clear a making himself a tyransgressor , in paying his proportion , and being at the expense of destroying what he built , and building what he destroyed , that it seems inexplicable how he can dream to be innocent ; especially when more lies upon it than the souls of the complyers are worth , even the interest of christ in the land. and to close this i would put home the question , and pose the conscience of any that took that covenant ; if in that day the question had been asked at him whether he would have judged the paying of a cess for the ends narrated , to suppress a testimony for that covenanted reformation , the paying of fines & fees ( for ouning it ) to the overturners , breakers & burners of it , to be a plain perjurie & palpable counteracting of the ends thereof ? and let him speak his soul , and it s beyond debate with me , he will not dare to say he took it in a sense which can subsist with these complyances . nay i doubt not , if to any morally serious , it had been then said , yow will pay money &c. for destroying this covenant and its ends , and deleting the remnant that shall be found to adhere to it , he would have given hazaels answer . it concerns every man , that would be free of the curse of it , to consider how he is brought to make enquirie after vowes ; or to dream of consistencies betwixt the performing those engagements , and the plainest concurring in a counteracting thereof . . if then these impositions be so wicked , and for such wicked ends & causes ; then , in order to my being free of this heinous guilt there is a necessity of my giving a testimony , and such an one , which when brought to the touchstone , will get gods approbation , and be my acquittance from a concurrence . now it is not imaginable that my testimony , can be the exact obedience to the law , against the wickedness whereof it is witnessed : but on the contrary , it must be at least a plain & positive refusing to yeeld obedience to that law , when i am in no other case to counteract these commands , for i must either obey and be guilty , or refuse and be innocent . i shall not here plunge into the labyrinth of these debates & difficulties , wherewith this matter of testimonies hath been perplexed , and mostly by those who have had no great mind to the thing . i shall only propound these few queries ( ) wether any thing less than a testimony can free me of this guilt , whereby the nation involved in it , is made a curse ? ( ) wether we beleeve that the testimony of every one shall be called for , in the day when god shall seek out this wickedness ? ( ) whether , if ever it be necessary , it be not then when christ is openly opposed , and every one is called either to concur or to testifie ? ( ) whether a testimony against a wicked law must not be notour ? for my testimony must make it evident that the law is not obeyed by me , else it is no testimony . ( ) whether it be not necessary also , that it be with that plainness & boldness , as it may keep some proportion with the prodigiousness of that wickedness testified against ? ( ) whether to the making it a testimony indeed , it is not only required , that an opposition be made at first , out that this be so persisted in , as by no subsequent deed , it be weakened ? ( ) whether we do not take it for granted , that according as a man hath testified , the sentence of the righteous judge shall pass ? for he who hath not purged himself thereby from the guilt of this conspiracy , shall be led forth & punished with these workers of iniquity . it s a saying which should sink in the soul of every one who would be saved , especially in such a day , whosoever therefore shall confess me before men , him will i confess also before my father which is in heaven , but whosoever shall deny me before men him will i also deny &c. oh that men would now judge of things & courses , as in that hour they desire to be judged and then there would be litle difficulty , what to determine in the case . . from what is said it appears , that there is no other way of testifying against it , or shunning the sin of this wickedness , imposing & enjoyning these complyances , but by refusing them : which as it is clear duty , so it hath many advantages to countervail all the supposed loss that can be sustained thereby . it is a shameful subterfuge to say , i strengthen them more by doing thus which will make them take all , and so put themselves in better case to do the mischief decreed . for as it is then my suffering not my sin , so it is simply false that i do hereby strengthen their hands ; for hereby i do more certainly weaken their hands , and wound their cause by my counteracting , testifying & suffering . for. . i do really to the uttermost of the sphere of my activity counteract their design , and hence besides my oun upmaking peace of conscience ( which is my hundredfold in this life ) i glorify god in the day of visitation , behaving as the subject & souldier of the prince michael : and thô i losse my life in the conflict , yet the victory over the dragon , and his lievtennant & trustees , and their lictors is thereby gained , and they are foiled , while i fight & overcome by my not loving my life in the present case unto the death . . i do by my example encourage my brethren to stand fast , and withstand in this evil day . . i hereby transmitt to posterity a pattern for imitation , and so propogate an opposition to this course to succeeding generations . . i hereby ( so to speak ) engage god to arise & appear to plead his oun cause and his peoples . for when we out of love to him and zeal for his interests , take our lives in our hands , or expose our substance as a prey in witnessing for him , then he is engaged to oune us , and to plead his cause taking the quarrel then to be against himself . hence it is that when he puts on the garments of vengeance for cloathing , and goes forth to meet them who in their risings up against his people run upon the bosses of his buckler , his arm is said to bring salvation to himself , isai. . , . and isai. . . this keeps a man in case to pray against such a partie ; whereas a complyance with them in the least degree , will wound a mans faith , and weaken his confidence , so that he cannot wrestle with god to prevail : for that wherein his strength lay , a good conscience being sinned away , in vain doeth he essay , when he hath cut his oun hair , to shake himself as at other times . alas ! if by keeping a due distance from his enemies , we were in case to play the samsons or iacobs on our knees , this enemy who think it their stability to stand upon the ruines of christs interest , should not stand long upon their feet . he who would have his prayer heard , thy kingdom come , should make his practice in a conformity thereto speak this plain language , if i perish i perish , but comply i will not : for it s not necessary that i live , or have an estate , but its necessary i should witness a good confession against the wrongs done to christ. . this keeps a man in case , either to act for god with advantage , if an opportunity be put in his hand , or to suffer , as under his supportings , and the shinings of his face , whereby even while dieing he becomes an ornament to his profession , gives a dash to the enemy , and so becomes more than a conquerer . . let us consider the matter of scandal in the present case , and remember whose words these are , wo to the world because of offences , and wo to him by whom offences ●ome : and it will appear the payers of these exactions become highly guilty before god. . in stumbling & hardening this partie of enemies . for , thô there was never a partie before them in the nation ( and i much doubt if ever a partie can come after them to outdo them ) who had so many evidences of plagues poured upon their hearts , that he may pour furth his wrath , & cause his fury to rest upon them ; and that , in his spotless justice he will rain snares upon them , that thereafter he may rain fire & brimstone , & a horrible tempest as the portion of their cup , when he shall come to plead his oun cause : yet we would beware lest we do any thing that may embolden them , or make them bless themselves in this their stated opposition to christs . and because we know not but some of the elect , may for a time be carried doun with the current of this impetuous opposition to him , and may concur actively for a season in promoving this course , we ought even upon this supposition so to witness , and so to keep a distance from all apparent or interpretative complyance with what they contrive & carry on , as they may by beholding our stedfastness be provoked to consider their oun course ; that considering at last how their feet go doun to death , and their steps take hold on hell , they may hasten their escape from the company of his enemies , lest they be consumed with the fire of his indignation , if found congregate with the men of these god-provoking practices . . by paying what is required , i stumble also & offend my weak brethren , while by my example they are encouraged to rush into the same complyance . o let every man , whose practice may be pleaded as a pattern , remember that word , and who spoke it , it were better that a mistone were hanged about his neck , and he cast into the midst of the sea , than offend any of these litle ones . . sufferers for refusing this payment are offended , when the payer doth not only encourage the persecuters to proceed with rigor & rage against him as a peevish & froward malecontent , but does what in him lies to wound the heart & weaken the hands of such a faithful witness : whereas , if the poor sufferer saw himself by a joynt testimony ouned by his brethren , he would be comforted , strengthened , & become more confident in the conflict . . in paying these things , the complyers either by their example lay a snare for the posterity , to whose knowledge their carriage may come ; and so in stead of leaving them a pattern of contending earnestly for the faith , they spread a net for their feet , yea pave them a way to defection & apostasie : or else they engage the great god , out of zeal to his oun glory , and tenderness to his people who shall succeed , for preventing of their following of such progenitors , wherein they have not been followers of him fully , to give such a testimony against their untenderness , and set such marks of displeasure upon their course , that the thoughts of turning aside with them , and following their steps shall be terrible to all that hear of it , le●t for such a complyance they fall as they did , for falling from their oun stedfastness into the hands of the living god. but alas ! for the posterity , under whose curse we are like to go off the stage , because of our not having done what we ought , yea what we might , both for transmitting pure ordinances unto them , and for not transcribing in our pactice the noble example of our zealous & heroick ancestors , who valiantly resisted vvhen violently attacqued , and by their valour wrestled us into a state of liberty ? well , if we leave those that shall succeed us such an example as this , he is like to make us such an example as will fright the following generations , and force them to serve themselves heirs to them who have gone before us , who did acquit themselves as the good souldiers of jesus christ , and not to us , the debt of whose declensions & defections cannot be payed , without the destruction of those who shall serve themselves heirs to us . but alas ! who does think on what he owes to the poor posterity ! or who doth make conscience to preserve for them that precious treasure put in our custodie , and judges it more necessary than to live , to leave the tract of a way of contending zealously for god , and the preservation of his interests , and the propogation of his oun pure ordinances to the posteritie , shining so clearly by suffering & blood , as the way-faring man , and they who shall come after , though fools need not erre therein . our only comfort is , that the lord who shall see his seed , and must prolong his dayes , will make his pleasure prosper , and preserve some to be witnesses of it to his praise . finis . the fanatick indulgence granted anno . by mr. ninian paterson. paterson, ninian, d. . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the fanatick indulgence granted anno . by mr. ninian paterson. paterson, ninian, d. . [ ], p. printed by david lindsay and his partners, at the foot of heriot's-bridge, edinburgh : . latin dedication to james ii (as future king) on verso of title page and at end of text. in verse. an appeal to the future king to renounce "indulgence" for protestant dissenters, especially the covenanters, followed by an enthusiastic welcome to scotland. copy stained. reproduction of the original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng james -- ii, -- king of england, - . covenanters -- controversial literature -- early works to . dissenters, religious -- scotland -- early works to . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - tcp staff (oxford) sampled and proofread - tcp staff (oxford) text and markup reviewed and edited - pfs batch review (qc) and xml conversion the fanatick indulgence granted , anno . si natura negat facit indignatio versum qualemcunque potest . juvenal . sat. . by m r. ninian paterson . edinbvrgh , printed by david lindsay and his partners , at the foot of heriot's bridge , . ad illustrissimum principem iacobvm albaniae et eboraci ducem . princeps magne meae tibi si placuere camoenae , muneris instat erit , quod plac●●re tibi . at si displiceant , metuendae praem●● poenae , damnum ingens claris displicuisse viris . principis est laus summa tamen , dare dona poëtis , vel magis ut placeant , displiceantve minus . to his royal highnes james duke of albanie . great sir , this poëm still conceal'd have i , till time hath christn'd it a prophesy . indulgence now unmasked , strives to tryst with john of leyden against antichrist . this is the trojan horse , wherein there lies catsbie and vaulx , with new conspiracies . this the shaftburian crockodil his blind to lure scotes rogues to english commons mind ; nor is this twattling fame , but sure as death , witness where welsh resign'd his latest breath . this meteor impregnated the air with some to usurp the throne , and sacred chair with a new faith , but not without its works : yet such as more beseemeth iews and turks . but now wee 'r fallen in that dismall time , wherein to utter truth 's an hainous crime . when squinteyed slander , and hypocrisy , in triumph bear away the verdant bay . protect me then , the galled brother-hood smart censures will reject , thô wise and good ; being swell'd with that same furie , which before glutted it self with our dread soveraings gore . noll is reviv'd , his ghost drinks our ill health , and we must once more try a common wealth , no more succession , rather be 't our fate to truckle under illegitimate . and then in our career , each friend , or foe , iust as we please , wee 'l call , or make him so . and like an hurrying flood wee 'l still increass , and swell our channel , as we mend our pace . wee 'l scorn hobs leviathan , whill we play our selves i' th ocean of stern tyrranny . begon religion , and be buried law , brittain must once more turn aceldama . but oft omnipotency lurkes , untill the creaturs pollicy , and prowess fail ; and god will joseph press , and gall , and wring . e're he advance him second to the king. and hath decreed this lot for every man , to pass the red sea e're he taste canaan . we see the soveraign , and imperial state is not exempted from the common fate , nay heavens impartial , and resistless brow frowns oftner on the scepter then the plough : when he securely whistles to his teem . the other fears a tottring diadem . all my desire , great sir , is that i may live like an atome in the radiant ray of your life-giving heat , and glorious light , whose crisping spires may make me warm and bright . princes ar prophets guardians , ye know , jacobus rex was , aris excubo . david was poët ; and king james they sing , was king of poets , and the poëts king. and this emblazons most a prince renown . when he with muses laurel crowns his crown . poets and prophets both inspir'd of god , were kings companions , till our late bownd rode : where reason and religion did invade a frantick passion , and prevailing made that giddie furie , that awaits the power of thy more sacred charming hellebore . and be 't thy fate , for to suppress this flamm , and be true majestie thy anagram ; which for thy anagram may justly passe , as wanting the dull omen of the a. s. and spite of envy may thy glory be confin'd to nothing but eternity . the fanatick indulgence , anno . juven . sat. . sed si mora longior hortum fanatico indulget non illi deerit amator , mittentur braccae , cultelli , fraena , flagellum , agmina sic veteres referent whigimiria mores . idem sat. . sic , sic , fanaticus oestro percussus bellona tuo pugnavit , & ingens abstulit omen adhuc clari magnique triumphi : nam regem cepit : sic de temone britanno excidit arviragus , sat not a est bellua , cerno erectas in terga sudes , ast absit ab illo dedecus hoc claverus ait . sat. . ver . . sic vetus indulget senibus clementia porcis . idem sat. . quae stimulat vos iam sibi materiam ducis indulgentia quaerit , spes nulla ulterior . idem sat. . iramque animosque a crimine sumunt . the fanatick indulgence . to the king . . indulgence ! thunder-clap ! medusa's head : which makes us all like stones , dumb , stupified . and with amazement confidently vow , the british isle it is grown africk now . it s crete , its crete , this island , and at length indulgence tells us what 's the labyrinth ; not in one town , but all the nation o're ten thousand sold to feed the minotaure . and which would make an heart of flint to bleed , no hope appears of ariadne's threed . wee are in monsters ●ertil ; after this impossible ? incredible what is ? what is 't that the fanatick askes so great transcends his hopes , or can his wish defeat ? when wee thy loyal subjects looked for some halcyonian dayes , the tempests roar : and to our eyes on every rising wave , death sits in triumph , and presents a grave , and in the mid'st of our dispaires , and fears , tears drowns our sighs , and sighs dries up our tears . wee are like iob's these ninteen years perplext , betwixt distractions , and destructions vext . and that ( dread sir ) tho not so strange , as true , by scabbs , and devils now indulg'd by you . . indulgence ! mercy lord ! from whence ? to whom ? from charles ; nay : to ripp his mothers womb as nero did , i 'le nee'r belive't ; like this ovid hath no such metamorphosis . charles both merciful and wise , to act the much deplored athamas mistake , to murder his own children , and to spare the loathsome vermin the * whole body tare . to set three kingdoms all again in flamm , and throw poor meleager in the same , to please some mad altheas : acts like those , may frett thy friends , not satisfie thy foes . to lay the tittle , faith's defender , down , the richest jewel of thy radiant crown . strike loyalty , law , and religion dumb , to please a fullsome , nastie , hairbraind scum , a furious spawn of fiends , by whom alone the devil doth blush to see himself outdone . i mean their master leaders , the rest all sees hes no more brains , then sillie butter-flies ; and yet can act such bloody monstrous crimes , not writ in registers of former times . rebellion , murder , sacriledg , a fault complext , not to be purg'd with fire , nor salt ! these to indulge , is scepter to resign , and let the bramble king it o'r the vine . o boundless mercy ! heaven and hell here lyes , in strange ( how ? ) reconcil'd antipathies . base unrelenting fate could thou not spare good major weir till now to have got a share . unhappy mitchel had thou liv'd so long , thou had escaped in this damned throng , and had been sentenc'd at the council table , the innocentest traitour of the rabble . iii. indulgence in the hebrew hamal is , yet hamilton swears this is none of his projecting , or procuring , or desire ; his grace would never kindle such a fire . the other great , and mighty duke , he vowes it came from hell for any thing he knowes . the legat , men suspected most , he sayes , he acted but as stickes in puppet playes ; he acted being acted , this was all his influence on its original . avant then snake unto these dismall deeps , where every thing but damned sorrow sleeps . iiii. indulgence is cains mark , or such another ; no man may kill him that hath kill'd his brother . and herein cain was scot : the duke like god , who sent the traitour to the land of nod ; and yet confind him home to this his nation ; a land of fugitives and trepidation , a land wherein disgrace , and loud toung'd shame , hath split the trumpet of our former fame , either for armes or artes. your huskoes yield , ye sons of mars its cowards gains the field , these only now the acts of grace commands , because no widow curst their swords , nor hands . an apple cleft in two is not more twin , then their religion and their fights have been ; whose chiefest properties lyes in their voice , like shearing of a sow , no wool but noise : for when with covenants they brag the starrs . unto their heels they do commend ther warrs . just as the forced air below , doth fall in noise and loathsom stink , and there is all . they are no witches , tho their exercise are parallels , murders and tragedies . they 'r alwayes grumbling , cruel , furious , ill looking , spiteful , and malitious , blood-thristy tigers , never pleas'd but when they swill like leeches in the blood of men . their baptism they renounce , or do as much ; they need no devils each of them is such : for being baptized to the trinitie , they dare sit mute to the doxologie . they dare not sing , what they dare say , like those despise in verse what they commend in prose . they to their souls in consciencious care preferr their babling to our saviours prayer . and take their grounds of fighting from the word , because our saviour said put up thy sword . just like that wylie jesuits mistake , that of saint peter did salt peter make . they say a bishops office is for a turk , because saint paul did call it a good work . it brings damnation for to resist , saint paul did say , they say its the cause of christ. strange estredg consciences that quick devours great camel-truths , fir'd with gnat-metaphors . be subject all for conscience sake ; these heroes can swallow that , and fight at curse ye meroz . but as of faith , and manhood , they are outted , their learning too it mightily is doubted ; their logick's out of date , for they do know no syllogisme , but in fer●o . and when their courage with their powder 's spent , indulgence closeth all in celarent . they 'r puddle-rithmers too , they dare we see discharge their bumbast at our poësie . and it s reported that they largely share in glistring guinies , for their paltrie ware . the famine in samaria we see makes slimie sordid doves dung sell so hie , they gave ( in ghuest accompt ) when wanting bread , near ten pound sterling for an asses head . ( had all our whiggs been there , from rear to van , they had happ't headless every mortal man ) muse burn thy bayes , gold and the laurell now is onely given to the thick brained crew . empiricks let alone , your market fall's , the revenues of close-stools and urinals . we need no potions to our paunch , nor purse ; trai●ours indulg'd , will gratis murder us . close up the muses courts , the colleges , a living vatican , each fanatick is . baronius and bellarmin ingrost , their first two syllables in his brains have lost . our musickes all in discords : acts of grace hath highest trebl's joyn'd with lowest base . we croak like ravens , and we screech like rats , and for one sharp we have ten thousand flats . out notes so dissonant will nee'r agree in church , nor state , to make an harmonie . our kirk's a new benjotral , which we call nor presbiterian , nor episcopal . all tend to the old chaos , our very laws are all ingulphed in the good old cause . no wonder , traitours make monopoly of the embalmed name of honesty ; and will admit no honest man but him , dare call a bishop antichristian limm : no honest man if not of their opinion , altho he were almighties dearest minion . saint paul himself they scorn to call him saint , because he never took their covenant . yea from fool-hatred of the organs they made poor bagpypes sing dumb , and out of play . v. indulgences ar popish things , then why should they be fancied by such saints as they ? since their foundation fails them ; for it s known that neither saints , nor merits they can own . and too , for which i verily am sorie , they are not yet come to their purgatorie . besides indulgences they have no place , if men be not into the state of grace , and they the very name of grace think vile , because it sometimes is a bishops stile . but now the case is stated amongst all , treason indulg'd makes all sins venial . may not the papist say what need of rome for pardons now , since charles is pope at home . had luthers minde run parallel with his , no strife had been about indulgences . martin had still been monk , nor had he yet in genial sheet protested with his kate. but yet to pardon those , by pardons worse , is heavens dire vengeance , and earths heavy curse . saw ye an ape , that a purgation took , before these news so did our whigmares look . now like a passenger that scapt a grave in the sweld womb of an impostum'd wave ; they knock the starrs with their advanced head , as phaeton when he the reins did guid . with that same success too , the world they 'l fire , by guiding ill , what they did ill desire . for they repent not what they late have done , vowing the second part of that same tune . clearing both throats and pypes ; it s not in vain , a well payed spring ought to be played again . if ancient sages saws with you have credite , to spare a vice , it is the way to spread it . tame mercie is the breast that suckls vice , till hydra like her heads she multiplies . in sparing thieves and murderers , all see , a privat favour 's publicque injurie . should pitie spare , and let the gangren spread , until the bodies wholly putrified ? what surgeon would do this , but he that 's mad ? he 's cruel to the good who spares the bad . cause feed them fatt , and give them flesh and wine , bring in a water pipe to wash the swine . cause light the western lamp , which when it died , was ay with fire and sacrifice supplied give them a power rebellions trump to blow , in that same breath forbid them to do so . give them all kirkes , reward them for their flight , encourage them to such another fight . when all is done , let the whole world view , they only hold kirk government of you . o power ( i l'e not blaspheme ) beyond divine , to make meer contradictions so combine ; things so discordant meekly to agree , the presbiterians and monarchie . the covenant , and the alledgeance oath , bear-chaff and butter , makes a choaking broath . no longer then , this prophesie is hid , the leopard must lie down with the kid . then wheel about , and as at first ye were , the court commands the haughtie presbiter . auspicious peace clapps her triumphant wings , betwixt the presbiterians cause and kings . that valiant heel runs from it self at last , that lately ran from bothwel-bridge so fast . yet who should challenge those the king will cocker * stay , stay , & then take up that ewe and yoak her . a companie of bloody mutineers , who alwayes set both church and state by th' ears . the planets , if we trust the astrologer , at their wretcht birth were all irregular ; a tribe that would that learned greek compel to bring metempsychosis too from hell . changing like weather cocks , still at the flight like metra daughter to the hungrie wight . still skittish finding fault with that , with this , making the bible metamorphosis . the hieroglyphicks of all ill ; no less then the perfection of all wickedness . for if uncleanness , lyes , and murders be the devils markes , they 're devils more then he . sleep pluto , sleep , thou has no more to do , wher 's one of those ther 's hell and legion too . all coxcomb , motly clowns , yet could invent a way to heaven called kirk government . where major wier , who galls their memories , is now call'd maximus , and bears the keyes . they 'r dan and bethels calfs , yet whom before ladyes not on their face prostrate adore . these she-fanaticks worst of papists be if creature worship be worst poperie . yet since sharp's slain , justice may fall asleep , and her revengful sword in scabbard keep , and it may be astrea's gainful trade , to use her ballance now , more then her blade . or since correction makes the rabble worse , its gallantrie to let them take their course . so lybian lyons in ther high wrought rage with bulls and panthers only will engage . while the dull snail , and painted butterflie glides through the air , or craw'ls securely by . we fear not then the caledonian boar , as the tangier his wanscot faced moor. for such indulgence , were he nee'r so wild , would make a tyger , or a panther mild . how many have severe proceedings ended ? whom such indulgence might perhaps amended . if iove dart thunder still when men revolt he quickly would not leave himself a bolt . vi. indulgence , if an act of pollicie , it s deep as hell , or as the heavens it's hie . to gather altogither in a train , and iehu and baals priests to act again . or else it 's like to jesus who did call from heaven , and pardoned a slaughtering saul . amen , good lord ; but let us never see , our king accurst for letting syria free . me thinks , i saw our trembling kirk for life . panting like isaack underneath the knife : and heard heavens cry , charles withdraw that blow , let not these ramms caught in the thickets go . but since it s done , heavens pardon all offence in pities , or in policies pretence ; yet we thought policy should taught you rather , to indulge them as they indulg'd your father : or , as he did , we fear , too late yee 'l see . there are extreams of gracious clemencie . since none may say what doest thou , i take leave , indulgeo seldom hes the accusative . mollis illa educatio quam indulgentiam vocamus , nervos omnes , & mentis , & corporis frangit . quintilianus . nimia principum clementiorum lenitas , innumer a mala , caedes , latrocima , in ipsorum ditionibus gignit , adeo principum indulgentia , quam inclementia publicè nocentior est . machiavellus de principe , cap. . o cruel , and wicked indulgence , that is now found guilty of the death , not only of the priests & people , but of religion ! unjust mercy can never end in less then blood ; and it were well , if only the body should have cause to complain of that kind cruelty . halls-works first vol. lib. . pag. . in mr. ninian paterson his book of epigrams , lib. . epi. . the ghost of king charles the first , is brought in , thus speaking , non scelus ingrati populi , non palma rebellis , me non ira poli , noxa , luesve soli ; non vis foeta dolis , non daemonis aestus . & astus , sed mea me pietas perdidit , atque fides esto tibi clemens , populo ( me teste ) rebelli impius es princeps , qui cupis esse pius . englished abus , nor crimes , nor sucoess of the rebell crue , nor yet heaven vengeance , nor earths curse me slew , valor not wiles , hells craft , nor rage annoy'd , me my indulgence , and my faith destroy'd , art thou a pious prince , learn this of me , kindness to rebels is impietie . a welcome to his royal highness iames duke of albanie , to the kingdom of scotland . novr. . . now , now , i know what made the eolian ●lave stern northern boreas lately so outbrave our hosts of mists and clouds , and sweep the sky with his swell'd cheeks ; to brush a canopy for justice princely stuard ; that none may know tempests above , or murmurs here below . welcome great sir , welcome as was the light to chaos after an eternal night : for in this distance from our charles his wayn , only lights elder brother here did raign . we were so dark , and in so great a thrall , egypt might well boast our original . and lesly make less-ly , who sayes we came from scota pharohs daughter ; whence our name . and make buchanans ghost for to recall both our ius regni , and original . shine then upon our poor cimmerian clime , make this our first of moneths , of years , of time ; all annals eternize this happy day , let it be rubrick and an epochee to all succeeding generations : since the blest arrival of that noble prince . let old men blesse their fates , that made them last till now , and young men , that they made such haste : for all dayes untill this , had lost their names in golden number , since our late king james . heavens grant our scotland once more the renown , to bring him furth shall wear the british crown . and since it 's thought good fortune lacqueys names , let him be rex pacificus , a james . that so this isle the worlds epitomee ( neptuns inclosure ) once more gods may be . yee 'r welcome then great sir , to put a date to the tempestuous tumults of our state , whose boiling billows to that hight did rise , like gyants , to wage warr against the skies . ambitious is that raging foaming main once more to exalt it self o're charles his wain . but all in vain , heavens will all storms defeat , where charles is pilot , & great james his mate , be our physician , all our fears appease , calm church distractions , and cure states disease , and crush them ( sir ) for they are your worst friends , who turns their publick power to private ends . ambitious phaetons may they have place , will gladly sacrifice their countries peace . ye will see royal sparkes amongst our smoak , wee 'l be your ivi , if yee 'l be our oak ; and faithfully we promise for our parts , tho we cannot give crowns , we will give hearts . let english be more fortunate throughout , bate us that ace , we scots are still as stout . nor power , nor honour is confin'd to place , the trojans ruins rais'd the roman race . nay we have some who fame and honour breath . dare gaze undaunton'd on the face of death ; who to the whispers of a palefac't fear , or dreadfull danger , never lent an ear . whose purchases altho not great , yet good , were bought with sweat , and sealed with their blood . all which in camp , or court , by night , or day , if you command , are ready to obey . may 't only please your highness quash these fears , we have conceiv'd from dalted whiggimares . and yet what e're these villains did presume , their flamm at last did only prove a sume . so may health , honour , saftie , still attend your royal highness to an happy end . and still like caesars may intrancing blisse crown your desires , or else prevent your wis●● and be it registrate in after storie , your presence , was our happiness , and glory . ad illustrissimum principem jacobum albaniae & eboraci ducem . dvx duce ubique deo , per te tua scotia sumit fracta ani●●s mores barbara , pa●per opes . finis . notes, typically marginal, from the original text notes for div a -e james stuart anagr. true majeste ablato a. s. notes for div a -e * sanum . the bishops murder . kings . . vid. pell . de indulg : lib. . c. . lightfoots temple . service . c. . * this was fulfill'd in cameron , and his companie the spawn of the indulgence . pythagoras . si quoties peccant b●mines , &c. notes for div a -e at the arrival of his r. highnes it blew hard . the dutchess was reported with child . generall demands concerning the late covenant propounded by the ministers and professors of divinitie in aberdene, to some reverend brethren, who came thither to recommend the late covenant to them, and to those who are committed to their charge. together with the answers of those reverend brethren to the said demands. as also the replyes of the foresaid ministers and professors to their answers. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : , : ) generall demands concerning the late covenant propounded by the ministers and professors of divinitie in aberdene, to some reverend brethren, who came thither to recommend the late covenant to them, and to those who are committed to their charge. together with the answers of those reverend brethren to the said demands. as also the replyes of the foresaid ministers and professors to their answers. henderson, alexander, ?- . forbes, john, - . hamilton, james hamilton, duke of, - . [ ], , [ ] p. printed by robert young, his majesties printer for scotland, [london] : anno . the answers are signed by alexander henderson, david dickson, and andrew cant. the replies are signed by john forbes and five others. p.[ ]: "imprinted by his majesties printer for scotland. anno ." this is followed by the title page, and a vindication by james hamilton, duke of hamilton, beginning "it will, no doubt, seem strange to see my name in print..". folger shakespeare library copy identified as stc a in reel guide. reproduction of the originals in the union theological seminary (new york, n.y.). library of the folger shakespeare library. appears at reel (union theological seminary (new york, n.y.). library copy and at reel (folger shakespeare library copy). created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng church of scotland -- early works to . covenanters -- scotland -- th century -- early works to . aberdeen (scotland) -- church history -- th century -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion generall demands concerning the late covenant : propounded by the ministers and professors of divinity in aberdene , to some reverend brethren , who came thither to recommend the late covenant to them , and to those who are committed to their charge . together with the answers of those reverend brethren to the said demands . as also the replyes of the foresaid ministers and professors to their answers . pet. . , . sanctifie the lord god in your hearts , and be ready alwayes to give an answer to every man that asketh you a reason of the hope that is in you , with meeknesse and fear : having a good conscience , that whereas they speak evil of you , as of evil doers , they may be ashamed that falsly accuse your good conversation in christ. printed by robert young , his majesties printer for scotland . anno . it will , no doubt , seeme strange to see my name in print , standing so neare these men who are interlocutors in the succeeding pages , their profession and mine being of such different natures ; but i shall entreat the ingenuous reader to take notice of the necessitie of this my doing . i am by the three answerers to these demands wronged , and that by an injurie of an high nature , challenged in writing to have done that , which god doth know never entred into my thoughts ; and for any thing the answerers did or doe know , never came into my minde . and though by the law of challenges , they having challenged me , i may choose the weapons ( which certainely should have beene in another kinde , had the challengers beene of another profession ) yet being men of so holy a function , i have thought good to make choyce of their own weapons ; and by my pen to doe out that blot , which they by their pen have laid upon me . and i have thought it fit to doe it in a scedule annexed to this booke ( which for that cause only i have caused to be here reprinted ) that where mens mindes perhaps may be poysoned by swallowing an untruth in their answers , so deeply wounding my honour and loyaltie ; this antidote might be ready at hand to cure them , before they should be fully tainted with it : as likewise supposing that if they should be printed severally , many might meet with their answers alone , which might leave in them a bad impression of me ; if they should not be attended with this just and true expression of mine . the injuries wherewith i am violated by the three answerers , are of two sorts : one of them strikes me alone , as his sacred majesties high commissioner ; the other wounds me as his majesties counsellour ; and with me all of that honourable boord . the former is this , they deliver affirmatively , that the declaration which they tendered mee of their late covenant , was such as i accepted , and was well pleased with . and this they set down twice for failing ; in their answer to the first demand towards the end , and in their answer to the third demand a little before the middle of it ; and that with such confidence , as truly i cannot with any justice blame the reader for beleeving of it , when it fell from the pens of these men , whose profession is the teaching of truth . but i shall desire the readers to suffer themselves ( notwithstanding the prejudice of these mens persons ) to be undeceived by a plaine averment of truth . i am confident none of these three answerers ever heard me say so , nor will they say they did . if they but heard it from others ( which i do verily beleeve they did not , and shall do so still , till they avouch their authors ) sure no man can choose but misse in them that civill prudence , which will not allow any discreet man to affirme that of any other ; much lesse of a person of my qualitie , and at this time of my place ; the foundation whereof shall be so frail and slipperie , as report , which is alwaies uncertaine , and most times false . for clearing the truth , i doe averre upon mine honour that i never said so , i never thought so . and though that that declaration was much bettered by the industrie of some well affected ( from what was first intended ) yet it gave me not satisfaction : and i dare boldly affirme , i never said it would give my master the kings majesty any . my justifiers in this , shall be these noblemen , gentlemen , and others to whom i ever spoke , either publickly , or in private . i was indeed content to catch at any thing i could , when i could not obtaine what i would ; as being willing to doe my countrey-men that respect , as to the utmost of my power to recommend to my gracious master , with all favourable construction , even that which i then thought , and did know fell short of just and home satisfaction . † and here , i doe confesse , i cannot charge it for a faultie mistake upon the readers of these asseverations of the three answerers , if they should , before this my declaration , conceive that his majestie were in all probabilitie like to rest satisfied with that declaration of the covenant ; having it delivered to them from men whom they have in all this businesse beleeved as much as themselves , that his majesties commissioner , who in all likelihood did know his majesties minde best , did rest satisfied with it . but his majesty hath just reason to charge me , if these asseverations were true ; as i have good reason to vindicate my selfe , they being not true . the truth is , if these asseverations be true , i doe professe to the whole world , that his majesty hath a most just cause to discharge himselfe of mee , and my service , and to discharge mee of all trust in this , or any other negotiation for i professe , that i knowing his majesties constant mislike of the said covenant , it must bewray in me , either breach of trust , or want of judgement ; if i should goe about to make either my self , or the world beleeve , that my master could receive satisfaction by such an explanation . and here i cannot dissemble , but must ask leave to vent my self thus far . had these wrongs beene put upon me by the pens of other men , and not of these whose professions i am forward and willing to beleeve ( because i would have it so ) will not suffer them to embrace wilfull and malicious designes : i should justly have doubted , that there had been some men in this kingdome , who being afraid of a setling and peaceable conclusion of this businesse , had gone about to raise in my royall and gracious master a jelousie of my slacknesse in my king and countries service , that so i might be called back , re infecta . if any such enemies there be to the peace of this miserable distracted church and state , i beseech god in time to discover them , and that all may end , in covering them with shame and confusion . the summe of all i will say of this personall wrong offered to my self , is this ; if these reverend and learned gentlemen , the answerers , in these untrue aspersions intended any harme to me , i shall only now requite them with a cast of their own calling ; i pray god forgive them . if they intended me no harm , then i do expect that they will give my self and the world satisfaction , in clearing me that i gave them no ground for these their asseverations . and so being confident of his majesties goodnesse to all his ministers ; amongst the rest , to the meanest of them , my self , especially in this particular , that he will never be shaken in the opinion of my loyall and constant service , upon such slight , light , and groundlesse reports : i will say no more of that first point . for that which concerneth my selfe as a counsellour , and the rest of that honourable boord , averred by the three answerers , in their answers to the third and fourteenth demand ; i do here protest before almighty god , that none of the allegations alledged by the three answerers , nor any petition given me by the supplicants , moved me to give way , that the order of the councell table should not passe into an act : for i did then , and doe now avow , that i then was , and now am fully satisfied with his majesties most gracious declaration ; and that in my opinion all ought to have thought themselves sufficiently freed from fears of innovations . but the true reason was this , i was so tenderly affectioned towards the peace of my country , that i gave way to that , which many of honourable qualitie assured me , if it were not done , a present rupture might follow , and so consequently the ruine of this kingdome ; which i was resolved to keep off so long as possibly i could , retaining my fidelitie to my master . vvhich care of mine i finde but slenderly required , when it is made an argument to perswade his majesties good subjects to do that which is so displeasing to him , and so unsafe for them . and yet even in this passage , it would have beene expected from men of that profession , that nothing should have passed but undoubted truth . in which point too they have failed , either as i hope by a mistaking , or a mis-informing . for the missive once thought fit to be sent to his majesty was never rent , but remaineth yet as it was : and wee did not send it , because wee did not thinke , thanks to his majesty would be seasonable in the name of the whole kingdome , when we knew his majestie , by the last proceedings of many , and protestations made against his royall declaration ( pretended in the name of the whole country ) could not receive satisfaction . to conclude , notwithstanding this personall wrong offered to me his majesties high commissioner , i will carefully ; cheerfully , and constantly go on with this great businesse , wherewith he hath intrusted me . vvhich as i pray god that it may prosper under my hands ; so i praise god that he hath given me so cheerfull and willing a heart to go on in it ; that if my life could procure the peace of this torn church and kingdome , to the contentment of my royall master , and comfort of his distracted subjects ; he who knoweth all things , knoweth likewise this truth ; it is the sacrifice of the world , in which i would most glorie , and which i would most sincerely offer up to god , my king and countrey . hammilton . generall demands concerning the late covenant : propounded by the ministers and professors of divinity in aberdene , to some reverend brethren , who came thither to recommend the late covenant to them , and to those who are committed to their charge . together with the answers of those reverend brethren to the said demands . as also the replyes of the foresaid ministers and professors to their answers . pet. . , . sanctifie the lord god in your hearts , and be ready alwayes to give an answer to every man that asketh you a reason of the hope that is in you , with meeknesse and fear : having a good conscience , that whereas they speak evil of you , as of evil doers , they may be ashamed that falsly accuse your good conversation in christ. printed by robert young , his majesties printer for scotland . anno . generall demands concerning the late covenant ; together with answers to them , and replies to those answers . the first demand . by what power , or warrant , these our reverend bretheren can sute of us , or of our people , subscription to this late covenant ; not being sent by his majestie , or by the lords of councell , nor by any nationall synod of this kingdome , nor by any judicatorie established in it ? and , how they can enforce upon us , or upon our people , who are no wayes subject unto them , their interpretation of the articles of the negative confession ? in respect whereof , as also in respect of that band of mutuall defence against all persons whatsoever , this late covenant is substantially different from that which was subscribed by the king and his subjects , anno . and . answer . we are not come hither to usurpe the authoritie of any civill or spirituall judicatorie , or to enforce upon our reverend brethren , and the people committed to their charge , the subscription of the late covenant , or the interpretation of the articles of that confession which is called negative , or whatsoever else of that kinde : but are sent to represent unto them , in all humilitie , the present case and condition of this kirk and kingdome ; crying for help at their hands also : and , in brotherly love , to exhort and intreat , that they will be pleased to contribute their best endevours , for extinguishing the common combustion , which by joyning with almost the whole kirk and kingdome in the late covenant , we trust they may lawfully do , without prejudice to the kings majestie , or to any lawfull judicatorie , or to that confession of faith above mentioned : since the sound interpretation and application thereof , to the errours of our times , can make no substantiall change , and the band of mutuall defence , wherein wee oblige our selves , to defend the true religion , and the kings majesties person , and authoritie , against all persons whatsoever , is joyned , at first , with the confession of faith . like as his majesties commissioner objecting , that our covenant was suspect to be an unlawfull combination against authoritie , and to be the main hinderance of obtaining our desires , hath accepted , and was well pleased with our declaration ; bearing , that we have solemnly sworn , to the uttermost of our power , with our means and lives , to stand to the defence of the kings majestie as of gods vicegerent , set over us , for the maintenance of religion , and ministration of justice . reply . we have , reverend brethren , sufficiently considered and examined your answers to our demands , by which we expected full satisfaction to all our scruples and doubts concerning the late covenant : but truly , in modesty and brotherly love , we tell you , that your answers ( whatsoever you think of them your selves ) have not given us that satisfaction which we expected . we know that some who rashly condemne every thing which is said or written contrarie to the cause which they maintain , will boldly say of us , that we have closed our eyes against a clear and ingyring light : but first , we say with job , our witnesse is in heaven , and our record is on high . that lord who only seeth the secrets of hearts , knoweth , that we love his truth , and are ready , so soon as it shall be shown unto us , to embrace and professe it before the world . next , we appeal to the consciences of all impartiall readers , who shall have occasion to weigh and consider maturely the weight of our arguments , and of these answeres which it hath pleased you to give us : wishing them , yea , most humbly and earnestly intreating them , to judge both of your writings and ours without prejudice , or any partiall respect . yea , we are confident , that ye also , of whose love to the truth of god we are perswaded , will after better advisement , and more mature consideration of the matters debated , acknowledge that we are not against the truth , but for it . the lord open your eyes , that you may clearly see that truth for which we stand . we objected to you , reverend brethren , that you had not a calling to urge us to the subscription of the late covenant , from any acknowledged authoritie , or lawfull judicatorie established in this church or kingdome : to which objection ye answere not here particularly , as we expected . and whereas you say , that you are come to exhort us , and our people , in all humility , to joyn with you ; how is it , that without our consent , and against our will , not having lawfull authority , which you seem here not to acclaime to your selves , you have publickly preached to our people , within our congregation ? which is a thing repugnant to those places of scripture , in the which the spirit of god recommendeth to elders , or pastors , the care of those flocks , over which the holy ghost hath made them over-seers , acts . . pet. . . as also telleth us , that the pastors whom the flock must know , and to whom they must submit themselves , do watch over the souls of that flock , and must give account for them , . thessal . . . hebr. . . it is also contrarie to the laws of the christian church in all ages . for by the ancient canons , pastors are commanded to containe themselves within the limits of their own charge ; and not to presume to exercise pastorall office in another pastors diocesse , or parioch , without leave : as also , they forbid pastors to receive to divine service any man of another parioch , that commeth in contempt of his own pastor . concil . nicen. . oecum . . can. concil . . oecum . constantinop . can. . concil . carthag . can. . concil . carthag . . can. . concil . chalced. oecum . . can. . concil . nicen. . can. . concil . tribur . can. . concil . nannet . cap. . & . ¶ . we did not without reason say , that you , and others of your confederation , enforce your interpretation of the negative confession upon others ; seeing we hear , that some pastors and prelates are forced to flee to forraigne countreys , for fear of their lives , because they have refused the said interpretation ; and those who have stayed in the countrey , dare scarcely appear in the high wayes , or streets ; and are threatned , that their stipends shall not be payed unto them , untill they subscribe your covenant . ¶ . whereas you do in brotherly love exhort , and entreat us to contribute our best endeavours , for extinguishing the common combustion ; we praising god for your pious zeal , and for the lovingnesse and modesty of your speeches , ( wherein by gods help we shall labour to keep correspondence with you ; that both we and you may shew our selves to have learned of christ , meeknesse , and lowlinesse of heart ) we most willingly promise to do so , by all means which our consciences will permit us to use ; as also to joyn our most humble and hearty prayers with yours , that it may please god in this dangerous exigent , to do good in his good pleasure to our sion , and to build up the wals of our ierusalem . ¶ . we may justly say , that this new covenant is substantially different from the old , which was made anno . in respect it not only containeth that old covenant , or confession , which was allowed by two generall assemblies , but also your interpretation of it , which , as yet , hath no such authority , or approbation . ¶ . no band of mutuall defence , against all persons whatsoever , is expressed in the covenant made . and although it were , yet the case is very unlike : for subjects may make such a covenant of mutuall defence by armes , with the consent of the king , who only under god , hath the power of armes , or of the sword , in this kingdome . but they who made this late covenant , had not his consent , as that former or old covenant had : which is a thing so evident , that no man can call it in question . ¶ . as for that which you affirm here , that my lord commissioner his grace was well satisfied with your declaration ; it becommeth not us to pry narrowly into his graces doings : but truly we have more than reason to pry most narrowly into the words of a covenant , which is offered unto us , to be sworn , and subscribed , left we abuse , and prophane the sacred name of god , and tye our selves to the doing of any thing which is displeasing unto him . last of all ; whereas ye desire us to joyn our selves to you , and to the rest of your confederacie , who are ( as you affirm ) almost the whole church and kingdome : truly we cannot but reverence such a multitude of our reverend brethren ▪ and dear countrey-men , and are ready to be followers of them , in so far as they are followers of christ : but neither can we do any thing against the truth , neither can we attribute so much authoritie to their multitude , as otherwise we would , in respect there hath been so much dealing for subscriptions , in all quarters of this kingdome , and so many have been threatned , to give their consent , as we are most credibly informed . the ii. demand . whether or no we ought to subscribe the foresaid covenant , seeing all covenants of mutuall defence , by force of armes , made amongst subjects of any degree , upon whatsoever colour or pretence , without the kings majestie or his successours privitie and consent , are expresly forbidden by king james of blessed memorie , and the three estates of this kingdome , in the parliament holden at linlithgow , anno. ? ansvver . the act of parliament forbiddeth in the first part , leagues and bands of maintenance privily made , such as are called bands of manrent , as the act in queen maries time , to which it hath relation , doth bear . and in the second part , only such , as tend to the publick disturbance of the peace of the realme by moving sedition . but no act of parliament doth discharge , nor can any just law forbid , conventions , or covenants in the generall ; or such covenants in speciall as are made with god , and amongst our selves ; not for any mans particular , but for the common benefit of all ; not to move sedition , but to perserve peace , & to prevent trouble : which by all probability had been to many , before this time , too sensible , if this course had not been taken . conventions and covenants ( in the judgement of jurisconsults ) are to be esteemed and judged of , according to their diverse ends , good or bad : which made king james of happie memorie to take it for an undoubted maxime , that pro aris & focis , & pro patre patriae , the whole body of the common-wealth should stirre at once : not any more as divided members , but as one consolidate lump . reply . in that second part of that act of parliament , holden at linlithgow , anno . are forbidden , all leagues or bands of mutuall defence , which are made without the privitie and consent of the king , under the pain to be holden and execute as movers of sedition and unquietnesse , &c. wherefore we can no wayes think , that any bands or leagues of mutuall defence , by force of armes , are there permitted , ( that is , not forbidden ) seeing first the words of the act are so generall : for in it are discharged all bands made amongst subjects of any degree , upon any colour whatsoever , without his highn●sse , or his successours privitie and consent had and obtained thereunto . next , all such bands are declared to be seditious , and perturbative of the publick peace of the realme : or , which is all one , are appointed to bee esteemed so . and therefore , we cannot see how any bands of that kinde can be excepted , as if they were not seditious . . we doubt not , but the late covenant , being considered according to the main intention of those pious and generous gentlemen , barons , and others our dear countreymen , who made it , especially our reverend brethren of the holy ministery , is a covenant made with god , and proceeding from a zealous respect to gods glory , and to the preservation of the puritie of the gospel in this church and kingdome : but we cannot finde a warrant in our consciences to grant , that such covenants , in so farre as they import mutuall defence , against all persons whatsever , none being excepted , no , not the king , ( as it seemeth unto us , by the words of your covenant , but far more by the words of your late protestation , the of iune ; wherein you promise mutuall defence against all externall or internall invasion , menaced in his majesties last proclamation ) are not forbidden by any band , nor justly yet can be forbidden . for first , we have alreadie shown , that they are forbidden in the foresaid act of parliament , anno . . no warfare ; and consequently , no covenant , importing warfare , is lawfull , without just authoritie ; which , we are perswaded , is onely in the supreme magistrate , and in those who have power and imployment from him , to take armes : yea , so farre as we know , all moderate men , who duely respect authority , will say , that it is so in all kingdomes , and monarchies , properly so called : ( of which nature is this his majesties most ancient kingdome ) and , that it is altogether unlawfull to subjects in such kingdomes , to take armes against their prince . for which cause , that famous and most learned doctour rivetus , in a late treatise called iesuita vapulans , speaking of the judgment of buchanan , and others , who taught , that subjects might take armes against their prince , in extraordinary cases , and extreme dangers of the religion , and common-wealth ; professeth first , that he , and all other protestants , condemne such doctrine . secondly , that this errour did proceed from a mistaking of the government of the scotish kingdome , as if it were not truely and properly monarchicall . thirdly , that the rashnesse of those writers , is to be ascribed partly to the hard and perilous times of persecution , wherein they lived , and partly , scotorum praefervido ingenis , & ad audendum prompto . thus he writeth in the . chap. of the said book , pag. . and . answering to the recrimination of a iesuit , who had affirmed , that buchanan , knox , and goodman , had written as boldly for the rebellion of subjects against princes , as any of their order at any time had done . a thing much to be noted by us at this time , lest we any more give that advantage to iesuites , to make apologie for their rebellious doctrines and practises . . not only making of covenants , but also all other actions , are to be esteemed and judged of , first , by the equitie of the subject , and matter ; then , by the end : for if the matter pactioned ( that is , which the parties mutually do promise ) be justly forbidden , by a lawfull authoritie , and consequently be unlawfull in it self ; then the goodnesse of the end , or project , cannot make the paction , or covenant , to be good , or lawfull . the iii. demand . if it be alledged , that in extreme and most dangerous cases , such acts of parliament may be contraveened ; quaeritur , whether there be now such extreme case , seeing we have his majestie , in his former proclamations , avowing , protesting , declaring , and in this last proclamation taking god to witnesse , that he never intended any innovation of religion ; and also seeing he hath removed alreadie all that which made men fear novations , to wit , service book , book of canons , and the alledged exorbitancie of the new high commission . ansvver . if the removing of the service book , book of canons , and the limitation of the vast power of the high commission , containing so much superstition , and tyranny of prelates , be a benefit to this kirk and kingdome , we ought , under god , to ascribe the same to the peaceable meetings , humble supplications , and religious covenanting of the subjects ; which have given information to his majestie , and have procured from his justice and goodnesse so great favour , as is thankfully acknowledged in the last protestation : which doth also expresse the many particulars , wherein his majesties late proclamation is not satisfactorie . and therefore the lords of his majesties privie councel , upon the supplication and complaint of his lieges , were moved to rescind the act of the approbation of the foresaid proclamation , and to rend the subscribed missive , which was to be sent therewith to his majestie . we are confident , that the declaration wherewith his majesties commissioner was so well pleased , will also give satisfaction to our reverend brethren ; and that they will not think it convenient for them to give further approbation to the proclamation , than the councel hath done , although all of us ought , with thankfulnesse , to acknowledge his majesties benignitie . reply . we will not here dispute what hath been the maine or principall cause moving his sacred majesty to discharge the service booke , and other things which occasioned the present perturbation of our church ; nor yet whether or not his majesties proclamation may give full satisfaction to all the feares and doubts of his subjects . for our selves , we professe , that upon his majesties declaration , and gracious promise contained in his majesties last proclamation , we beleeve , first , that his majesty never intended innovation in religion : secondly , that he will maintain the true protestant religion , all the dayes of his life : which we pray god to continue long . thirdly , that all acts made in favours of the service boook , &c. are discharged . fourthly , that he will never urge the receiving of the service book , book of canons , &c. nor any other thing of that nature , but by such a fair and legall way , as shall satisfie all his subjects . and thence we do collect , that which we affirmed before , to wit , that there is no such extraordinary or extreme case , as might give occasion to subjects to make such a band , as is directly forbidden by the foresaid act of parliament , and to contraveen it in such a manner , as may seeme to import a resisting of authority by force of armes . the iiii. demand . concerning that interpretation of the negative confession , which is urged upon us , and wherein the articles of pearth , and episcopacie , are declared to be abjured , as well as all the points of poperie , which are therein expresly and distinctly mentioned ; quaeritur , who are the interpreters of that confession ? that is , whether all the subscribers , or only those ministers conveened in edinburgh , in the end of february , who set it down ? if all the subscribers ; then what reason have we to receive an interpretation of that confession from la●cks , ignorant people , and children ? if only those ministers conveened then in edinburgh ; then seeing no man should take an honour to himself , but he who is called of god , as aaron , heb. . . what power and authority had they over their brethren , to give out a judiciall interpretation of these articles of faith , and to inforce their interpretation of these articles upon them ? answer . the subscribers are here mis-interpreted in two points , very materiall : one is , that they presume upon power , or authority , which they have to give out a judicial interpretation of the articles of the confession , and to enforce the same upon others : whereas they only intended to make known their own meaning , according to the minde of our reformers ; and in charity to propound and recommend the same to others , who might be made willing to embrace it : although it be true also , that very great numbers of ministers were conveened , and testified their consent as that time : and although the private judgment of those who are called laicks , ought not to be mis-regarded . for it is confessed , that an interpretation , which is private ratione personae , may be more than private , ratione medii . the other , which being observed , will answer diverse of the following demands , that the articles of pearth , and of episcopall government , are declared to be abjured , as points of poperie , or as popish novations : where as the words of the covenant put a difference betwixt two sorts of novations : one is of such as are already introduced in the worship of god , and concerning those , whatsoever be the judgement of the subscribers , which to every one is left free , by the words of the covenant , they are onely bound to forbear the practise of them , by reason of the present exigence of the kirk , till they be tried , and allowed in a free generall assembly . the other sort is of such novations , as are particularly supplicated against , and complained upon ; as the service book , and canons , &c. which are abjured , as containing points of poperie . and this we avouch , from our certain knowledge , to be the true meaning of the controverted words of the covenant . and therefore humbly intreat , that no man any more , upon this scruple , with-hold his testimony . reply . as for the first of these two mistakings : if you have not given out that interpretation of the negative confession judicially , but only have made known your own meaning , according to the minde of the reformers , as you alledge ; then , first , your interpretation hath no obligatory power over others ; and consequently you ought not to obtrude your interpretation upon us , more then we doe our interpretation thereof upon you . neither ought any man to be molested , or threatned , for not receiving your interpretation ; chiefly seeing all who are of your confederation have so solemnly vowed , and promised , to be good examples to others of all godlinesse , sobernesse , and righteousnesse , and of every duety which you owe to god and man. secondly , as for the minde or judgement of our reformers , we know no evidence of it , having publick authority to oblige the subjects of this kingdome , except that which is expressed in our nationall confession of faith , ratified in parliament twenty years before the negative confession was penned : wherein we finde no warrant or ground of such interpretation as you bring . thirdly , the interpretation of the negative confession , set down in your covenant , as it is not publick , ratione personae , so also not ratione medii : for it hath no warrant , for ought we could ever perceive , either from the word of god , or from the testimony of the ancient church , or from the consent of other reformed churches , or from our nationall confession , registrated in parliament . as for the second mistaking , or mis-interpretation of the words of the late covenant , first , we marvell , that a generall covenant appointed to be subscribed by all , learned and unlearned , should have been set down by you in such ambiguous termes . for , truly , all men here , even the most judicious , do so take your words , as if the articles of pearth were in them abjured . . we have again more attentively examined the words of the late covenant , and do evidently perceive by them , that in the said covenant , the articles of pearth , and episcopacie , are condemned , and abjured , as erroneous , and damnable corruptions . for where you professe , and before god , and his angels , and the world , solemnly declare , that you shall labour , by all means lawfull , to recover the libertie , and puritie of the gospel , as it was established and professed before the foresaid novations : we ask you , what is that period of time , to which your words have reference , when you promise to labour , to recover the puritie and libertie of the gospel , as it was professed and established before the foresaid novatitions ? if you mean that period of time , when the service book , and book of canons were urged upon you ; to wit , the last year by-past in summer ; then you acknowledge , that all that time you enjoyed the puritie and libertie of the gospel ; and consequently , that you yet enjoy it ; for no new thing hath since that time been publickly received , and practised in this church . if you mean ( as undoubtedly we think you do ) the time praeceding the bringing in of episcopacie , and the acts of pearth ; then you comprehend both episcopacie and the acts of pearth under these novations : for the removing whereof , you promise to labour , according to your power : and consequently do dis-allow and condemne them , even before they be tried in a free assembly , and before they be heard who maintain and approve them as lawfull . . we may evidently demonstrate this , argumento ad hominem , as we say in the schools : for , those rites and ceremonies , which are abjured in the negative confession , are also abjured in your late covenant ; which , as you say , is all one with the negative confession , or with the covenant made . but the rites and ceremonies which were concluded in pearth assembly , are abjured , as you say , in the covenant made . and therefore they are also abjured in this your late covenant . the first proposition is evident : for in your late covenant , speaking of the oath contained in that old covenant , which was made anno . you professe , that the present and succeeding generations in this land , are bound to keep the foresaid nationall oath , as you call it , and subscription , unviolable . the second proposition also cannot be denied by you : for , these twenty years by-past , you have accused those who conformed themselves to the ordinances of pearth , of perjurie ; and that because they had violated the oath made anno . in the which those articles ( as you alledge ) were abjured . but perhaps you will say to us , that we think those things not to be abjured in that oath made anno . and therefore we may swear , and subscribe your late covenant ; and , notwithstanding of our oath and subscription , be tied only to the forbearance of the practice of pearth articles for a time . we answer , first ; the words of an oath should be clear , and plain : or , if they be any wayes ambiguous , the true sense of them should be so declared , and manifested , that all may know it . an oath is to be given , according to the minde and judgement of him that requireth it . and therefore , seeing you who require this oath of us , think the rites or ceremonies concluded at pearth to be abjured in that oath made anno . how can we swear and subscribe your covenant , which reneweth the foresaid oath , and bindeth us to it ? if we should swear , and subscribe the negative confession , as it is included in your covenant ; then ye , who think the articles of pearth to be abjured , and condemned in the negative confession , will think us tied , by our own personall oath , to condemn the articles of pearth . seeing this covenant was penned by you , who have hitherto not conformed your selves to pearth assembly , and have opposed episcopacie , and seeing you all condemn episcopacie , as if it were that popish , or wicked hierarchie , mentioned in the negative confession ; as also esteem the things concluded in pearth assembly , to be idolatrous , or superstitious ; how can we think , that you in your solemn vow made to god , for reformation of this church , and resisting , in times to come , the novations and corruptions of it , have passed by these things , which are the only novations already introduced by authority , and from which , as you affirm , the church hath so great need to be purged : chiefly , seeing ye think them as popish , superstitious , and idolatrous , as ye do these other novations , which are not as yet introduced . if in all your supplications , plaints , and protestations , ye have only sought the removing and discharging of the service book . book of canons , and the new high commission , not complaining of any other novations ; and seeing his majestie hath discharged the first two , and hath promised to rectifie the third , or last of them ; then , what reason have ye to think , that his majestie hath not satisfied your supplications ? for , all the novations , upon which you complained , are removed by his majestie , and ye have his princely promise , that no further shall be urged upon us , but by such a fair and legall way , as may satisfie all his subjects . as for that which your covenant , by your own confession , requireth of us , to wit , the forbearance , and abstinence , for a time , from the practising the articles of pearth ; we professe sincerely , and in the sight of god , that our c●nscience will not suffer us to subscribe that part of your covenant ; and that because laws being standing for them , and our lawfull superiours requiring obedience from us , by practising them , to swear forbearance of the practise of them , is to swear disobedience , and , to wrong their authority . how can we , with a good conscience , abstaine presently from private baptisme , and private communion , being required thereunto by sick persons , and those parents whose children cannot be carried to the church commodiously with their lives ; seeing we think it a thing very unlawfull , in such cases , to refuse to administrate those sacraments in private houses ? not that we think , that god hath tyed himself , or his grace , to the sacraments ; but because he hath tyed us unto them , by his precept : and , not to use the means appointed by god , when our people , or their children stand in need of them , is a contempt of the means , and a tempting of god. the v. demand . whether or no we can sincerely , and with a good conscience , subscribe the negative confession , as it is expounded and interpreted by the contrivers or authors of the late covenant , seeing it maketh a perpetuall law concerning the externall rites of the church , which god hath not made , as if these rites were unchangeable ? and how they who both swear the positive confession , and the negative , thus interpreted , can eschew contradiction , seeing the positive confession , chap. . evidently declareth , that these rites are changeable , according to the exigencie of time ; and consequently , that no perpetuall law may or ought to be made concerning them ? likewise we would know how it can stand with truth to abjure all these rites , as popish , which are used in the church , without divine institution , expressed in gods word ; seeing even these who urge the covenant , practise some ceremonies which are not mentioned in gods word ; as the celebration of marriage before the church , in the beginning , or at the end of divine service , with all the particulars of it , and the stipulation of fathers and god-fathers , for the childe in baptisme , which are not meer circumstances , as they use to distinguish , but also ceremonies , properly so called ? answer . the late covenant maketh not a perpetuall law concerning the externall rites of the kirke , as if they were unchangeable : but , as we have said before , onely bindeth us , for a time , to forbear the practise of innovations already introduced , and doth not determine whether they ought to be changed , or not . . according to this true interpretation , all appearance of contradiction betwixt the confession of faith insert in the act of parliament , and the latter confession , is removed , beside that the article . of the confession of faith , giveth power to the kirke , in matters of externall policie , and order of the worship of god , is expounded in the first booke of discipline , distinguishing between things necessary to be observed in every kirke , and things variable in particular congregations . . we declare again , that the covenant doth not abjure pearth articles , as popish , and thinketh not time now to dispute of significant ceremonies , or other holy rites , and whether the two particulars named be ceremonies , or not : since the confession condescended upon on both sides , abjureth rites which are added without the word of god. reply . first , vve have already told you , that we cannot subscribe your oath of forbearance of the practise of the articles already introduced , without violation of authority , and of wronging our own consciences , who think private baptisme and communion , not to be indifferent , but also necessary , in some cases ; not indeed , necessitate medii , as if gods grace were tyed to the externall means , but , as we say in the schools , necessitate praecepti , because we are commanded to use these means . . this late covenant leadeth and bindeth us to the old covenant , made . and that old covenant bindeth us perpetually to that discipline which was then ; that is , ( as ye alledge ) to the whole policie of the church , comprehending all the externall rites of it : and so , à primo ad ultimum , this late covenant bindeth us to the whole policie of the church , which was then ; and consequently maketh a perpetuall law , concerning externall rites of the church , as if they were unchangeable . all parts of this argument are sure : for by your late covenant , you professe your selves bound , to keep the foresaid nationall oath ( as you call it ) inviolable : and that oath , or covenant , bindeth us , to continue in the obedience not onely of the doctrine , but also of the discipline of this kirke . where by the discipline of the kirke , ye understand ( as ye have in all your writings professed , especially of late , in your booke entituled , a dispute against the english popish ceremonies . part . chap. . sect. . ) the whole externall policie of the church , as it was at that time ; to wit , anno . yea , you confesse , that no other thing can be understood by the discipline of the kirke , but that which we have said already ; and consequently we shall be tyed by that oath which you require of us , to admit and practise no other rites and ceremonies , but such as were then received in our church . we can no wayes passe by this , seeing ever since the assembly of pearth , in your publick sermons , and printed books , ye have most vehemently accused us of perjurie , as violating the oath , or covenant , made anno . and that in respect we have admitted into the church , some rites , or ceremonies , which were not in it the foresaid year of god. is not this to make a perpetuall law , concerning the externall rites of the church , as if they were unchangeable , and to abjure the practice of all rites introduced in the church since that time ; and consequently the practise of the articles of pearth , and that not for a time onely , but for ever ? . seeing the negative confession , according to your minde , and conception of it , maketh the whole externall policie of the church , as it was anno . to be unchangeable : and on the contrary , the confession insert into the acts of parliament , declareth , that the rites belonging to the externall policie of the church , are changeable ; how can you escape a contradiction , if ye receive both these confessions ? . whereas by that distinction mentioned in your answer , of things necessary to be observed , and of things variable in particular congregations , ye insinuate that by the keeping of the discipline of the kirke as it was then , to which we are bound in the old covenant , ye understand the observation of those things which are necessary to be observed in every kirke , and not of things variable in particular congregations : we ask , into which of the members of this distinction ye refer episcopacie , and the articles of pearth ? that is , whether they must necessarily be omitted in all churches , and at all times , or not ? if ye say , that they must be necessarily omitted , and that the negative confession , confirmed with an oath , doth tye us to the omission of them ; then both ye would make us to swear , and subscribe against our consciences , ( for we are perswaded , that these things are lawfull ) as also ye would make us to abjure episcopacie , and the articles of pearth , in perpetuum ; which is flatly contrary to your declaration in your answers , . . &c. if you say on the other part , that we are not tyed by the negative confession , to the omission of these things ; then , why have ye , in all your writings against us , exprobrate to us , perjurie , in violating of the oath contained in the negative confession ? . we would gladly have known your minde , concerning the lawfulnesse of such rites as are not of divine institution , expressed in gods word . for we ingenously professe , that none of your answers ( which hitherto we have seen ) to the instances , or examples brought by us in our fift demand of rites used by your selves , in your churches , as lawfull , without divine institution , ( to which we could adde many moe ) do give us any satisfaction : nor yet , as we think , can give satisfaction to any indifferent man. as for example ; is blessing of marriages a meer circumstance ? who can be so impudent , as to say so ? or , if it be a ceremonie , what precept or practise have ye of it in gods whole word ? if it be alledged . that we have a warrant from that blessing pronounced , gen . . upon m●n and woman , after their creation ; we ask , by what consequence can that solemnity of blessing of marriages used in our churches , with all the ceremonies of it , be drawn from that effectuall and operative blessing of our first parents , or rather of whole mankinde ? is there here an institution of a perpetuall observance , or rite , to be used in the church , more than in the . verse of the same chapter , when god blessed the fowls , and fishes , and said , be fruitfull , and multiple , and fill the waters in the seas ? &c. if again it be answered , that pastorall benediction , is mentioned in scripture ▪ first , vvhat is that to blessing of marriages ? and secondly , vvhy are not all other pactions ▪ as well as marriages , blessed in the church ; chiefly , seeing matrimoniall blessing hath been , and is , abused in the romane church , which holdeth , that marriage is a sacrament ; and consequently , matrimoniall benediction ought , as it would seem , to be secluded from the church , rather than other blessings ? the vi. demand . whether or no it be fit to subscribe such an interpretation , as in matters of lawfulnesse , and unlawfulnesse ; and consequently in matters of faith , contradicteth the judgement of so many divines , most famous , of the reformed church , both ancient and modern , ( who did , and do hold , that these rites and ordinances brought into this church by the assembly of pearth , are in their own nature lawfull , and such as ought not to make a stir in the church of god ) and also condemneth the venerable practise of the ancient church , and the most eminent lights of it , even in those purest times , unto which we appeal against the papists , in our disputes . answer . we trust , that no sound divine , ancient or modern , would in this case deny the expedience of the forbearance of the practise of pearth articles . and further than this , nothing at this time is required . reply . your silence , in not answering that which we affirmed , concerning the judgement of divines , ancient and moderne , of the reformed church , anent the lawfulnesse of the rites and ordinances , which were received in our church , by the ordinance of the assembly of pearth ; as also concerning the judgement and practise of the ancient church ; doth make us think , that ye acknowledge the truth of that which we affirmed there . . vve have already shown , that the oath which ye require of us , importeth more than the forbearance of the practice of pearth articles , for a time . . the forbearance of some of them , seemeth to us , to be meerly unlawfull , and contrary to that pastorall duty we owe to our flock . . the forbearance of any of them , considered with a relation to the authority enjoyning them , in our judgement , is plain disobedience . the vii . demand . whether it be agreeable to charity or piety , to require us to abjure these rites , as popish ; which in the sincerity of our hearts , following the light of our conscience , ( whereof we take god to witnesse ) we have hitherto practised , as lawfull , and laudably following the same light , do yet practise them ? but suppose this might be required of us by any ; quaeritur , whether or no it becometh them so peremptorily , and upon such a suddenty , to urge us to this , who these by-gone twenty years , have desired earnestly to enjoy the freedome of their consciences in their ministerie , even in denying obedience to these things , and standing laws for them ; and when they were urged to obedience did so often protest , and earnestly request , that they might have a time , to be well enformed , and maturely advised of the matter , which to the most part of them was most graciously granted ? let them ▪ therefore , look to that naturall maxime , quod tibi fieri non vis , alteri ne feceris : and to our saviours precept of the same sense , and almost of the same words , mat. . vers . . answer . we hope , that such a forbearance of the practise , will prejudge the liberty of no mans conscience . reply . it would much prejudge our consciences , to swear and subscribe the negative confession , taking it according to your conception and meaning , who require our oath . how can we swear , to labour , by all means lawfull ( as ye require in your covenant ) to expell those things , whereof we hold some to be necessary , and all the rest , to be lawfull , and laudable ? the viii . demand . whether it be fitting to swear to defend the kings person and authoritie , with this limitation , in the defence and preservation of the true religion , laws , and liberties of this kingdome ? as if their persons ought not to be defended against all enemies , although as yet they embraced not the truth : or having before embraced it , yet have fallen from it : or as if their royall authority were not to be acknowledged , although commanding things unlawfull ; and as if we were not subject thereto , in yeelding to suffer under them , when we give not active obedience to them ? answer . . the answer of the first demand , may give satisfaction here . . the specification of the defending the kings person and authority , in the defence of the true religion , laws , and liberties of the kingdome , is warranted by the confession ratified in parliament , by other acts of parliament , by the other confession , and by the generall band joyned with it . no man will with-hold his subscription from the covenant , because it doth not , as it intendeth not to expresse every duty we owe to the kings majestie , as if the not naming , were a denying of the duty . reply . what ye have replyed in your answer to our first demand , we have examined , in our confutation of your answer . . if ye consider well all the circumstances of the making of your covenant , ye will finde that it had not been amisse , at this time , to have expressed more fully the loyaltie of your intentions , to maintain the kings person , and honour . next , it is necessary to expresse it yet more fully , for our cause , whom ye require to swear and subscribe your covenant ; lest we do any thing , in this matter , with a doubting conscience , ( which is a grievous sin ) that is , doubting whether or no we are tyed by our oath to maintain the kings authority , only in so far , as it is employed in the defence of the foresaid true religion : or , at least , as it is not employed against it . for it seemeth to us unlawfull , to swear the maintenance of the kings authoritie , with this limitation precisely . and if ye be of a contrary minde , we are most willing to confer with you of this point . the ix . demand . whether or no we can sincerely swear to maintain the authoritie , truely and properly monarchicall of the king ; and withall swear also disobedience to these articles , which are authorized by his standing laws , and to maintain the meanest of his subjects against him , in their disobedience of his laws , as yet standing in vigour concerning these things . answer . . the answer to the first demand , is usefull here also . . forbearance of practise , for a time , in such a case , is rather obedience , than disobedience : for example , kneeling was thought convenient , because all memorie of superstition was past ; should it not therefore be forborn , because superstition , is now revived , and flagrant ? they who practise , keep the letter of the law : but they who forbear , keep the life and reason thereof . reply . your covenant requireth more of us , than the forbearance of the practise of pearth articles , as we have often times declared . we have also shown , that the forbearance of obedience to standing laws , without license of superiours , and contrary to their commandment , especially if it be done by deliberation , and if men tye themselves , by an oath , to do so , is manifest disobedience . the article of pearth , anent kneeling , was not grounded only , nor yet principally , upon that narrative which ye mention ; but rather upon the conveniencie and decencie of the gesture of kneeling , in the receiving of the holy sacrament : which reason doth yet continue ; as also the other reason which ye mention , holdeth yet : for the body of the people of this church were never papists ; and consequently , have no memorie of popish superstition , as those who lived in time of reformation . we cannot see nor conceive , how a vow and band of maintaining the meanest subject of this kingdome , against all persons whatsoever ; and consequently , against the king himself , as we have shown in our second reply , in disobedience of his laws , can consist with that love , reverence , and subjection , which we owe to our king. neither have ye brought any thing in your answer , to satisfie us in this point . and , because ye alledge , as we hear , that ye are mistaken in this point , and do vindicate your selves , by those words of the covenant , wherein ye promise to maintain the kings authoritie ; we pray you to expresse your minde more fully , concerning it ; and to show us , what ye mean by maintaining the kings authoritie , in that part of your covenant , wherein ye expresse your loyall intention , to maintain the kings person , and authoritie ; and in speciall , whether or no the maintaining of the kings authoritie , be taken by you , as it excludeth all resisting of his authoritie , by force of arms , even although he should command things unlawfull , and contrarie to the truth ? for so we think it should be taken : and that it should be so taken , we are readie to demonstrate . neither can we swear it in any other sense . whether your promise of mutuall defence , in the same cause of maintaining the true religion , and his majesties authoritie , &c. ought to be understood , of the maintaining the kings authoritie absolutely : that is , whether he maintain the true religion , or no ? or , on the contrarie ; if it ought to be understood of the maintaining the kings authoritie conditionally , in so far as he maintaineth the true religion , and not any other wayes ? if you say , that it is to be understood the first way , we assent to that part of your covenant , and have no more scruple anent it , except that one which we mentioned in our reply to your second answer : to wit , that the words of your protestation seem to import more ; and , that your paction , or covenant , is made without the kings privitie , and consent . if ye say , that it is to be understood the second way ; then we continue urging our foresaid demand : to wit , how a man can maintain the kings authoritie , and withall maintain the meanest of his subjects in resisting his authoritie ? and how we can be said , to stand for the kings honour , when we vow and promise , do to that which he himself professeth to be against his honour ; and which , in the common judgement of men , is thought to be so ? the determination of this point , is more than necessarie , at this time : and therefore , let us in sinceritie and brotherly love , confer of it ; that the consciences of others who doubt of this , may receive satisfaction . the x. demand . whether or no we ought to swear to such a covenant , which taketh away from us all hope of a free assembly , or parliament , to judge of the matter presently debated ? for how can these vote freely of any matter propounded to the decision and deliberation of the church and estate , who have already sworn to adhere to one part of the question ? and how can those who dissent from them , submit themselves to their judgement , chiefly seeing they are possessours , and have laws civill and ecclesiastick , standing as yet for them ? answer . we perceive , that this tenth demand , is made of the articles of pearth ; therefore we answer as before ; that we promise only forbearance , which can prejudge no mans liberty in a generall assembly . reply . we have shown , that your covenant , and oath , importeth a manifest abjuration of the articles of pearth : and therefore , the swearing of it doth manifestly prejudge the liberty of voting in a nationall assembly : for , how can they freely either reason in an assembly , concerning episcopacie , and the articles of pearth ; or else , give their judgement , without prejudice , concerning them who have alreadie promised , sworn , and vowed , first , to adhere to the discipline of the kirke : that is , ( according to your interpretation ) to the whole externall policie of the church , as it was . to labour , by all means lawfull , to remove , and expell , all those rites and ordinances , which have come into the church since the foresaid year of god ; that the church may be restored to the liberty , and purity , which it then had . whereby ye declare , that the foresaid articles , and episcopacie , are contrary to the liberty , and purity of the church ; and consequently , ye are tied by your oath , to vote against them , if ye be called to the intended assembly . the xi . demand . whether our subscribing , together with our people , to the confession of this nation , which is ratified and registrated in parliament , anno . may give full satisfaction to all who doubt of the sincerity of our profession , if so be they have no farther ayme , but only to know and see our willingnesse , and constant resolution , to adhere to the religion presently professed , and to oppose all errours contrary to it , to our lives end ? now seeing we are willing to do this , as we take god to witnesse , we are ; how are we hated , maligned , and traduced as enemies of the truth , only because our consciences do not suffer us to subscribe to that interpretation of the negative confession insert in the covenant , ( concerning which we can see no warrant of the truth of it , nor lawfull authority binding us to it ) and to the politick , or rather military part of that covenant , which is a thing without the compasse of our calling , and not belonging to that contending for the faith once delivered to the saints , of which s. iude speaketh in his epistle . answer . since no other mean could be found so effectuall , for holding out of poperie , and forbearing of dangerous novations in religion , such as the service book , and canons , which as yet are only discharged , till in a fair and legall way they may be introduced ; and are by no word of the late proclamation disallowed : although the service book , by the proclamation , february . be highly praised , as serving to edification , and to beat out all superstition : and nothing in this application is abjured , but what was abjured in the former ; why shall we forbear to use a mean so just , and so powerfull , for the preservation of the purity of religion ? reply . here ye do not particularly answer to our demand , and seem unwilling to give that testimonie of us , your brethren , concerning our sincerity in professing of the truth , which , all who know and judge unpartially of us , do think to be due to us . it is sufficiently known , what pains we take in disputing and writing against papists , in confuting their errours in our pulpits , in leading processe against them , according to the order of the church , and in doing all things against romish errours , which can be expected from the most zealous professours of the truth . if ye , or any other of our reverent brethren , doubt of the sinceritie of our profession , then pose us concerning any article controverted , and we shall be most ready to declare our minde concerning it before all men , and give a sufficient proof to the world , that we have pried as narrowly into the mysteries of romish errours , for refutation of them , as any of those who impiously , and uncharitably traduce us , as favourers of poperie . . we have other means more effectuall , and lawfull , ( whereas we think this your mean to be unlawfull ) for holding out of poperie : and in which we ought to confide more , than in all the promises and vows of men ; yea , also , more than in all the united forces of all the subjects of this land : to wit , diligent preaching , and teaching of the word , frequent prayer to god , humbling of our selves before him , amendement of our lives and conversations , and arming our selves against our adversaries , by diligent searching of the scriptures , and using all other means , whereby we may increase in the knowledge of the truth , and in ability , to defend it against the enemies of it . . the subjects of this kingdome , at least a great part of them , either by their own inclination , or by the perswasion of others , have such a hard conceit of the service book , and canons , that if his majesty use a faire and legall way of bringing them into this church , especially such a way as may give satisfaction to all his subjects , in all appearance , we need not to fear the in bringing of them . the xii . demand . whereas we heare of diverse disorders , and violent miscarriages of those who have subscribed the covenant , against our brethren of the holy ministerie , who continue in their obedience to the laws of the church and kingdome ; which miscarriages being done without all forme of justice , or legall proceeding , are an exercising of revenge , by private authoritie , and consequently are forbidden in the sixt commandment : which is one of the reasons which moveth us , not to joyn our selves unto their society . we would gladly therefore know of our reverent brethren , who have come hither to recommend the late covenant unto us ; first , whether or no they do allow these disorders ? . if they allow them , what reason have they so to do ? and if they allow them not , how is it , that these disorders and miscarriages , are not publickly by them , and other pastours of their confederacy , condemned , and sharply rebuked in their pulpits ? why are the actours of them not tryed and censured ? and why do they delay to give out some publick declaration , either in print or writ , to this effect , being long since exhorted to do so ? ansvver . . hardly can a zealous people assembled in a kirk for the worship of god , be kept from tumult , when books , and a worship which they either know , or conceive to be popish , are suddenly , and imperiously obtruded upon them by the leaders : & how far the keeping of the materiall kirks from the pollution of worship , belongeth to the people , and community of the faithful , should be considered . . violence done in other places , and upon other occasions , we no more allow , than we doe approve the aspersions of perjurie , rebellion , &c. which some men do put upon us . reply . it belongeth not to the people , or communitie of the faithfull , to contemne authoritie , and the lords service , done in his owne house , on his own day , so farre as to put violent hands on prelates and pastours , in time of divine worship , while they are practising those things which are enjoyned by the king , and his councell . such disorders , and contemptuous carriages , doe not beseeme those whom christ inviteth to come to him , and to learn of him , meeknesse , and lowlinesse of heart ; chiefly , seeing there are many other wayes , whereby people may testifie their aversation of those books , and worship , which they conceive to be popish . if it be a sinne in parents to provoke their children to wrath ; much more is it a sinne in children to provoke their parents ; especially patrem patriae , the common father of the countrey , so to wrath . . the keeping of gods house from the pollution of worship , belongeth to those who are cloathed with lawfull authority . . we not onely asked of you , whether or no ye did allow the miscarriages towards our brethren of the holy ministerie , mentioned in our demand ? but also supposing that ye do not allow them , we asked , how is it that those disorders and miscarriages , are not publickly by you condemned , and rebuked ? why are the actours of them not tryed , and censured ? and why do ye not give some publick document to the world of your aversation of such miscarriages ? chiefly , seeing they are , as we have shown , a manifest transgression of the sixt commandement . we cannot sufficiently marvell , that ye have kept up your mindes in this matter , and not answered to so important , and necessary a demand . as for your complaint of perjurie and rebellion , &c. if ye mean the warning late written to the subjects in scotland , ye shall know , that the author thereof himself is much displeased with any offensive asperitie , which hath been found in some written copies thereof ; and hath already done that , for removing of that offence : which , we hope , shall give full satisfaction to all men . the xiii . demand . how can we subscribe that covenant , without incurring many grievous scandals ; as first , the scandall of dissenting from other reformed churches , and famous divines , the chief instruments of the reformation of the church in europe , who did hold these rites which are abjured in this late covenant , as meerly unlawfull , popish , and idolatrous , to be in their own nature , lawfull . secondly , the scandall of dissenting from antiquitie , and vilipending it altogether in matters of the externall policie of the church ; which we know , and have found by frequent experience , to be a thing that maketh many papists more averse from our profession , than other wayes they would be . thirdly , the scandall of perjurie , which some of us cannot escape , who did swear obedience to the articles of pearth , and to our ordinarie , at our admission to the ministerie . answer . that threefold scandall causeth upon the right interpretation of the clause of the forbearance of the novations already introduced . reply . we have shown your interpretation of the clause of forbearance , not to be right , and have refuted it , we think , by the very words of your covenant ; so that none of these three scandals can be eschewed by us , if we subscribe to your foresaid covenant . . suppose the other two might be eschewed by that interpretation of the clause of forbearance , yet the third cannot be eschewed , seeing at our admission we have sworn obedience to the articles of pearth , and to our ordinarie : wherefore , ye must either prove the articles of pearth , and episcopacie , to be unlawfull , or else , we cannot , without violation of our oath , made at our admission , forbear the practise of the foresaid articles , against the will of our ordinary , and other our lawfull superiours . the xiiii . demand . last of all ; we pray these reverend and worthy brethren , to consider impartially , and charitably , seeing we have all these scruples in our minds concerning their covenant , as also seeing we are yet most confident , and assured of the lawfulnesse of the articles of pearth , together with the lawfulnesse and venerable antiquity of episcopall government , how we can , with a safe conscience , give our consent that they should preach in our pulpits , who come professedly to withdraw our people from that which we in the inmost thoughts of our souls do embrace as lawfull ; and from that obedience which they do owe to their gracious and pious soveraigne therein ; whose last proclamation hath given full satisfaction to us all , and much rejoyced our hearts , in respect he hath there in most solemnly , and by his oath declared , not only his sincerity in professing the truth , but also his pious resolution , to continue therein , and maintain it constantly to his lives end , most graciously and wisely removing these things which have occasioned the late perturbation of our church . we wish them likewise , to consider , how they can require this of us , seeing they would not ( we appeal to their own consciences ) be content that they should be so dealt with themselves ; we mean , that any should go up to their pulpits , and condemn their doctrine , and practice , and withdraw their people from that which hath been before recommended unto them as truth . we conclude : exhorting earnestly , entreating lovingly , and charging modestly , these , and all others , our reverend brethren , before god , and the lord iesus christ , who shall judge the quick and the dead at his appearing in his kingdome , if there be any consolation in christ , if any comfort of love , if any fellowship of the spirit , if any bowels of mercies , to look narrowly to their own consciences , in these weighty matters ; remembring that of ieremy , the heart is deceitfull above all things , and desperately wicked , who can know it ? to judge charitably of us their brethren ; remembring that of our saviour , iudge not , that ye be not judged : to deal with us in love and meeknesse , ( if so be they think us to have gone astray from the truth ; which , god knoweth , we no wayes do perceive ) remembring that of s. paul , if a man be overtaken in a fault , ye that are spirituall , restore such an one with the spirit of meeknesse : as also that of s. iames , the wisdome that is from above , is first pure , then peaceable , gentle , and easie to be entreated ; full of mercy , and good fruits , &c. and last of all , to seek peace , and so to follow after it ; that this our dear native countrey be not exposed to a dangerous warfare , and to all the wofull consequents thereof ; of which our hearts cannot think , without trembling and horrour . answer . nothing in the interpretation of the covenant , against the lawfulnesse of pearth articles , and of episcopall government . we never intended to draw the meanest of the subjects , from that loyalty of obedience , which they owe to their soveraigne , and ours . the counsell hath rescinded the approbation of that proclamation . his majesties religious and righteous disposition , hath been to us a ground , and chief argument of our hope of the hearing of all our petitions . we have no desire to wrong our reverend and worthy brethren : but rather to passe in silence , the wrongs which we have sustained by them : and would approve our selves unto our god , and prove faithfull in the imployments put upon us : earnestly desiring , that every eye may perceive the wonderfull work of god in this land : lest any of us be found fighting against god ; and that all of us may joyn heart and hand , for the purity and peace of the kirk of our lord iesus christ , blessed for ever . m r. alexander henderson , minister at leuchars . m r. david dickson , minister at irwing . m r. andrew cant , minister at petsligo . iuly . . reply . there is too much , as we think , in your covenant against the lawfulnesse of pearth articles . your band of mutuall defence , against all persons whatsoever , may draw subjects , perhaps , to take arms against their king , ( which god avert ) and consequently from that loyalty of obedience , which they owe to their soveraigne , and ours ; except ye declare , and explain your selves better , than ye have hitherto done . what the most honourable lords of his majesties privie councell have done concerning the kings majesties last proclamation , is not sufficiently known to us , and far lesse upon what grounds and motives they have ( as you say ) rescinded their approbation of the late proclamation . his majesties religious and righteous disposition , hath been to us , and is a main ground wherefore we rest and rely upon his gracious proclamation , perswading our selves , that he intendeth not , nor ever intended , any innovation in religion . we shall labour , by all means , to eschew every thing , which in the least degree may wrong you , our reverend and worthy brethren . as for the wrongs already done by us to you , ( as ye pretend ) whensoever it shall please you to specifie them , we hope to give you full satisfaction , and to clear our selves of that imputation . the work of god towards any nation , how strange and wonderfull soever it seem to be , is never contrary to his word : and therefore we fear not to be found fighting against gods work , so long as we fight not against his truth , revealed in his word . that all-seeing lord knoweth , that we maintain his truth according to the light of our consciences , and are ready to joyn heart and hand with you , for the purity and peace of this church , in every lawfull way and course , as sincere lovers of truth and peace . and now , brethren , before we conclude , again we entreat you , and all others our dear country men , especially our reverend brethren of the holy ministery , to judge charitably of us , and of our proceedings at this time ; and in particular , of these our demands , and replyes ; which , god is our witnesse , neither hatred of any mans person , nor love of contention , nor any worldly respect ; but only the conscience of our calling hath drawn from us . and as for our arguments for not subscribing , which are taken from our due subjection and obedience to our soveraigne , and his laws , we protest and declare , that they ought not to be so interpreted , as if we intended to accuse you , or others , our dear countrey men , of disloyalty towards our most gracious king ; or as if our purpose were to lay any such imputation upon you : for they are only used by us , to show what the words of the covenant seem to us to import , and how we conceive of them ; as also , what maketh us so to conceive of them . we doubt not , reverend brethren , but ye know , that as we owe to you , and to your proceedings , the favourable judgement of charitie ; so we ought to judge of those things , which we are to swear , and subscribe , with the strict and inquisitive judgement of veritie ; and consequently , we ought to ponder duly , and to propound particularly and fully to others , ( especially to those who require our oath and subscription , and undertake to satisfie our consciences thereanent ) all the doubts and reasons which make us unwilling or afraid to give our subscription thereunto . john forbes of corse , doctor and professor of divinity in aberdene . alexander scrogie , minister at old aberdene , d. d. william lesley , d. d. and principall of the kings colledge , in aberdene . robert baron , doctor and professor of divinity , and minister at aberdene . ja. sibbald , doctor of divinity , and minister at aberdene . alexander ross , doctor of divinity , and minister at aberdene . finis . notes, typically marginal, from the original text notes for div a -e † nor is there any ground for their opinion of my acceptation of that declaration , unlesse they call receiving , accepting ; and that was not in my power to refuse , it being conceived in formall words of a supplication , and so tendered to me , who by my royall master his instructions was commanded to receive the petitions of all his good and loyall subjects . a short memorial of the sufferings and grievances past and present of the presbyterians in scotland particularly of them called by nick-name cameronians. shields, alexander, ?- . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a short memorial of the sufferings and grievances past and present of the presbyterians in scotland particularly of them called by nick-name cameronians. shields, alexander, ?- . 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ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng church of scotland -- history. covenanters. scotland -- history -- - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - rina kor sampled and proofread - rina kor text and markup reviewed and edited - pfs batch review (qc) and xml conversion a short memorial of the sufferings and grievances , past and present of the presbyterians in scotland : particularly of those of them called by nick-name cameronians . printed in the year , . to the reader . it is not needful in the entry to give a deduction , either of the excellent establishments of religion and civil liberties , and provisions made for security of both , that our fathers obtained and enjoyed , by the mercy of god , under the patrociny of righteous rulers ; or of the deplorable demolishments of these invaluable intersts , since the unhappy re-introduction of prelacy and tyranny , which brought poperie to the very birth in this land , had it not pleased the most high god , by the interposition of the present king , as an instrument , to make it abortive . but it is very useful and pleasant , to remember that the reformation of the church of scotland , was sometimes as far celebrated among all the churches , as now it is depreciated incontempt and obscurity : among other peculiar eminencies of it above many other churches , she had this very early for the subject of her gloriation , through grace ; that at once and from the beginning , both , doctrine , worship , discipline and government were reformed , according to the pattern of the institutions of christ , to that degree of purity , that our very first reformers could assert , to the praise of grace , that no corruption was left in this church , that ever flowed from the man of sin. which , through the blessing of god upon the faithful and earnest labours and wrestling of his servants in the ministry , made such progress in a short time ; that not only the doctrine was perfectly purged of the leaven of popery , arminianisme , socinianisme &c. and all other heresies ; the worship , of all idolatry and superstition : but the discipline was impartially exercised , and the government reformed from diocesan prelacy , sectarian confusions , and erastian supremacy of the civil powers , and framed in the nearest conformity to the primitive apostolick pattern , according to the word of god , and example of the best reformed churches , in the presbyterial order , of congregational , classical , synodical , and national assemblies . in the preservation and observation of which beautiful order , making our church beautiful as tirzah , comely as jerufalem , terrible as an army with banners . this was also her priviledge and praise , which is the fruit of this government wheresoever it hath place , that she was once and for a long time , as much admired for union , as of late for divisions since these corruptions made a breach upon vs : her name was once called philadelphia among all the reformed churches ; and t was long since attested at that unhappy convention at perth , which attempted the introduction of some popish novations , in the year . that from that backward , to the year . there had been neither schisme nor heresie in this church ; as also from thence forward , the same might have been said , excepting the contentions which the prelates and malignants occasioned , until the fatal catastrophe . no church on earth had more purity , order , or vnity , and was freer of corruption , defection and division , that this church . this our renowned reformation in doctrine , worship , discipline and government , as it was founded on the law and the testimony of the god of heaven ; so it was confirmed by all the sanctions , ratifications and securities , that any right can be capable of among men : not only by many laws , penal , and statutory , established as bulworks , for preserving and defending it against all the forementioned adversaries ; by many constitutions and acts of general assemblies , ratified by parliaments : but by many , again and again renewed national and solemn covenants , sworn to the most high god by all ranks , from the king to the beggar , in all capacities and conditions . this testimony , for this covenanted reformation , so confirmed and established ; as it hath been transmitted to vs , through a long continued tract of many wrestling and sufferings , from our worthy ancestors , and sealed by much precious blood and the bonds and bondage of many faithful martyrs and confessors of christ , adhering to the same in our day ; so , as it was then and now stated and sealed , hath been and is thought by all the asserters of our reformation , to have such a near and clear connexion with the great concern of the crown-prerogatives , and imperial dignities of the prince of the kings of the earth , as head of his visible kingdom , whose incommunicable glory it is , without competitoor co-partner , either coordinate or subordinate , to institute his own government , prescribe his own laws , appoint his own ordinances ( which he will have observed without addition , dimunition or alteration , until his second coming ) and to constitute his own officers , cloathed only with his authority , and to be regulated only by his instructions in their ministerial function without any dependence on , subordination to , or indulgence from any man or angel , in the exercise thereof , under their master christ alone ; to whom it belongs as properly to rule the church his own free kingdom , according to the good pleasure of his own will , as it belongs to him to save his church by the merit of his own sufferings ; that our famous fathers , and such of their children as have been faithful in following their footsteps , have judged it a testimony worthy to sacrifice all their interests upon , in opposing and contending against all the invasions and vsurpations made upon these prerogatives of christ , and priviledges of his church , by poperie prelacy , and erastian supremacy , all condemned in the law of god , diseharged by the laws of the land , and abjured in our covenants national and solemn league ; as being highly derogatorie to the glory of christ , contradictory to his revealed will , offensive to his people , obstructive to the power , and destructive to the peace , purity and liberty of his precious gospel . now for adbering to this complex testimony , what have been the sufferings and grievances of presbyterians in general , and ours in particular since anno : from the popish ; prelatical and malignant party , is more fully demonstrated , ( with the principles and testimonie contended for by us , vindicated ) in naphtali , jus populi , the hind let loose , our informatory vindication , & the testimony against the toleration , given in by that faithful & zealous minister of christ , mr. james renwick ; and here summarly remonstrated . we had once a resolution , at the first appearance of the prince of orange ; who , under god , was the honoured instrument of our begun enlargement from them , to have addressed his highness with this same memorial : but that failing , after this long suspence in expectation of some redress of grievances , whereof we and many others have been in a great measure disappointed ; we have been induced to publish it in this iuncture , with an appendix of our present complaints of somethings that we understand to be wrong in the church , state , army and country , at the time of the writing thereof ; which was in the time , and upon occasion of the many adjournments of parliament : wherein perhaps something will occur , which may seem obliquely to reflect upon the government , when we complain of the ill administrations of many malignants in power : but as they are sad truths which cannot be denyed , and tho we may be charged with imprudence in speaking so freely what many thousands , and those of the surest friends the government hath , do think : so , however we be neither politicians nor flatterers , we think conscience and loyalty both , doth oblige us to speak what concerns the king and country both to hear . we do not blame the king for delaying the satisfaction that his people have long waited for , further than for permitting some into trust , who have abused him with misinformations of what they waited for , and with counsels to delay their satisfaction . nor are we jealous of his majesties sincere intentions to perform what he hath promised , and the estates demanded , as necessary for settling the church , securing laws , restoring liberties , and redressing grievances ; albeit many here complained of , have laboured to suggest grounds of such iealousie . we have got already so much advantage by the success of his heroick expedition ; and so many repeated assurances of his royal resolutions to fulfill his declaration and promises to our satisfaction ; none of which we can charge him with the breach of tho many of them are not yet accomplished ; that we should be very unworthy to iealouse his integrity . we consider his majestie , stated in very difficult and dangerous circumstances , since he interposed himself in our gap , between an angry god and a sinful provocking people ; wherein he hath to do with a potent enemy without , and many undermyning enemies about his hand , seeking to ensnare him in sin and expose him to ruine ; and hath in his two kingdoms of britain people of different interests and inclination , whom to govern will require great deliberation , and consequently occasion delayes : but we lay the blame where it should lye , on the malignants at court , council and parliament , who are seeking to betray him and us both . if some of these be exposed , and their old pranks discovered , and the grievous effects of their being so much in power hinted at ; we hope the candid reader will think it no ill service either to king or country . errata reader before thou peruse these sheets be pleased to help these escapes of the press ( omitting these of less note ) page . line . read encouraged . p. . . r. superadded by l. . r. equaling p. . col. . . r. men and women . p. col. . l. . for douglas r. dundass . p. . col. . l for mouat r. mewae . col. . l. r. dundass , and l. . r. dundass . p. . l. . for orders r. order p. . l. . r. flowing . a short memorial of the grievances and sufferings of the presbyterians in scotland , since the year . particularly of those of them called cameronians . after king charles returned from his exile , the first device , which the malignants then advanced to the highest places of trust fell upon , for overturning our religion , laws , and liberties , was to prevent and obstruct all access either to justice or mercy for such as they had a mind to destroy , and preclude all applications for a redress of grievances . hence , when some faithful ministers were drawing up a monitory supplication to the king , congratulating his return , and minding him of his covenant engagements and promises to promote and preserve the work of reformation ; the committee of states then siting , caused apprehend , and without hearing incarcerate them , for no other cause but that supplication : against which at that time there was no law ; and which all law and reason of the world will justifie , as the most innocent expedient of getting their just complaints heard and redressed , and the common priviledge of all men , which slavery it self cannot take away . yet as all men , and they themselves , could not but , see this a manifest subverting of the subjects liberty : so , in procureing a law to approve it afterwards , they made it worse and more illegal , in declaring petitions to be unlawful and seditious , carol. . parl. . sess. . act . hence no petition or remostrance of publick grievances , oppressing , and enslaving church or nation , either durst be offered , or could find access or acceptance , being interdicted and also punished very severely ; as in the instance of the grievances given in against lauderdale . nor durst prisoners tender the most innocent supplication , even for release or a more easie confinement , in any terms that seemed either to reflect on their severity , or represent the illegality of their prosecutions , or in the least to vindicate the cause they were suffering for ; which caused many afterwards to decline all petitioning , and choose rather to ly under the most unsupportable bondage , for fear of having it made more miserable . the next succeeding devices , to undermine and overturn our religion and liberty , were the mischiefs framed into law by the first session of the first parl : charles . held by the earl of middletoun . wherein by the very first act thereof , all the members were involved in a conscience ensnaring and enslaving oath of absolute and implieite allegiance and supremacy , ( without the former usual limitations then standing unrepealed ) not only wronging parliaments in their priviledges , and the church in her liberties , but the lord jesus christ in his prerogative of supremacy , and headship over the church ; making the king a pope , and not only a church member ( as a magistrate ) or church officer , but the supreme architectonick head of the church . for refusing this afterwards , many ministers and others were banished ; several of them made to subscribe a bond to remove out of all his majesties dominions within a moneth , not to return under the pain of death ; and many kept in prison by the arbittary power of the council , beside the tenor and extent of their own wicked act thereupon . in the following acts of that same session of parliament , they advanced the kings prerogative to the highest pitch of absoluteness : and the acknowledgement of this vast and unlimited prerogative , in all particulars , was formed and imposed , charl : : parl : . sess. . act , , , , . this was the foundation of all the succeeding tyranny , and source of the nations slavery ; and in it self a head of sufferings to several gentlemen and others , who could not in conscience subscribe or make that acknowledgement of such a prerogative ; which would manifestly have imported an approving of the first audacious and presumptuous effect and attempt of its power , exerted in rescinding and annulling at one blow all the righteous and legal establishments of the covenanted reformation , and all the acts made in favours thereof in all the parliaments and conventions of estates from the year . to . even those that the then king charles . approved , owned , and called . they rested not here , in a general or gradual unhinging of legal constitutions , made for security of our religion and liberty ; but then took advantage of the universal silent submission of the nation , to break down at once the carved work of the whole fabrick of the reformation as with axes and hammers , in that insolent effrontry and indignity against heaven , in making void the national and solemn league and covenants : which the church and state both in their representatives and members , did most solemnly swear and subscrive , for themselves and posterity : which , for the matter of them perpetually obliging , for the manner so religiously engaged into , and for their ends so glorious , no power on earth can dispense with , disannull , or disable : which not only the lord from heaven did ratify , by the conversion of many thousands , and vouchsafing his presence gracious in ordinances and propitious in providences at the subscriving of them ; but in this land , at the inauguration of the king charles . ( being the condition upon which he was admitted to the government ) the latter of these covenants was ratified and established , as the great fundamental law of the kingdom , whereon all the rights and priviledges either of king or people are principally bottomed and secured , and as the very magna charta of our reformation . yet this not only they did break in heaven-daring boldness ; but to flatter the king in making way for prelacy , tyranny , and popery , and to indulge the licentiousness of some debauched nobles , who could not endure the yoke of christs government according to his institutions there covenanted to be preserved ; they enacted and declared , it should have no obligation or binding force any farther ; and that none should henceforth require the renewing of it carol. . parl. . sess. . act. . and afterwards , that the national covenant and solemn league and covenant were in themselves unlawful oaths : and therefore annulled all acts and constitutions ecclesiastical or civil approving them , parl. . sess. . act. . and not only so but in contempt of heaven , they caused burn them by the hand of the hangman . for adhering unto these sacred , inviolable , and indispensible engagements , the sufferings of presbyterians have in a great measure been stated since that time . the next wicked project was , to remove out of the way all who were eminent instruments , in promoting that work of reformation now about to be razed , and whom they feared would obstruct their antichristian and tyrannical designs , both in the state and in the church . accordingly the noble marquess of argyle was beheaded for no other alledged cause but for his complyance with the english , when they had made a conquest of our land , wherein also the judges that condemned him were socii criminis . and afterwards , the lord wariston upon the same pretence : and for the same pretended cause , many other gentlemen , above were arbitrarly and exorbitantly fined ; some under divers stiles twice over . such of the ministry also as had been most faithful & servent for the interests of their master and of his church were cruelly and most illegally removed ; some by death , as famous mr. guthrie , for asserting the kingly prerogative of christ in opposition to the erastian supremacy encroaching thereupon ; others by banishment , for giving faithful warning , and protesting against the defection of that time , thereby only contraveening a wicked proclamation discharging them to speak against the proceedings of the state ; others indicta causa , without access to give in their defences , or to get so much as an extract of their sentence . after they had thus prepared their way , by the very first act of the second sess of the first parl. anno . they reestablished and redintegrated their dagon of episcopal prelacy , with all its inseparably concomitant retinue of pride , perjury , simony , sacriledge , and intollerable usurpations and corruptions ; and wreathed again about our neck that yoke which neither our fathers , who wrestled much against it , nor we were nor ever shall be able to bear : which as it is insupportable to , and hated of all the godly ( and desirable to none , but dissolute & debauched persons , who cannot endure christs discipline impartially exercised , and do find incouragement under the wings of prelacy ) being in its original both the mother and daughter , root and off-spring , cause and effect of popery ; a device which advanced the man of sin to his hight in the world , and the only remaining support of his hopes of recovering these kingdoms , by christs conquest rescued from his tyranny ; in its nature , evidently eversive of the very nature of gospel church government ; in its ends only adapted to bring the church into a slavish dependence on & subordination to an usurped supremacy of the magistrate , which is a change only of the pope not of the popedom ; and in its effects , alwayes found to be most deplorably destructive to the purity and power of religion , and peace of its sincere profession , and that which hath introduced and encouraged impiety , error , schism , and persecution in these lands : so by all the sober and judicious that have known the case of this church and kingdom it hath been acknowledged to be the source and spring of all our sorrows and grievances , under which we have groaned these years . this abjured prelacy , as it was introduced by manifest perjury and persidy , so it was at first erected and hitherto advanced and supported on such a foundation , as might bear out and justify the contrivers and promoters of it , as well in all attemprs to set up popery it self : the act establishing it declaring , the disposal of the government of the church doth properly belong to his majesty as an inherent right of the crown , by vertue of his royal prerogative and supremacy in causes ecclesiastick ; an usurpation upon the kingdom of christ equivalent to any that ever the papacy it self durst aspire unto over the government of the church . the first effect whereof was by another act sess. parl. carol. . the restoring the old exploded bondage of parronages ; another old relict of popish slavery , depriving the church of the freedom of calling and choosing their own pastors : and dispossessing all the ministers , who entered since the year . of their churches and benefices , possessed without the presentations of patrons after which , by the instigation of the prelates , the council passed an act october , whereby above ministers were violently put out of their charges , and their congregations laid desolate , without all legal procedure , without either accusation or citation , conviction or sentence , or a hearing allowed to them . and therefore for simple nonconformity , and refusing subjection to and taking collations from the prelates , the rest of the ministers , in great numbers , were , with cruelty more beseeming turks , thrust from their labours and banished , with a nice and strange confinement ; . miles from their own parish church , six miles from a cathedral , and three miles from a burgh . in whose room succeded , a swarm of ignorant and scandalous apostates , the prelates and their mercenary substitutes the curats : against whom such charges might alwayes have been adduced , and to this day such accusations are in readiness to be produced , to any competent ludicatories , that shall be called to cognosce upon them , of the pernicious errors of popery , socinianisme , and arminianisme maintained by many of them , abominable adulteries committed by others of them , the profanity , sensuality , and debauchery , oppression and persecution of godliness and good men chargeable on the generallity of them , and perjury in breach of covenant , and schismatical intrusion without consent of the church owned of all of them , and ungodliness by them transfused over all the land ; as could not but make them detested of all , as the greatest stain to be suffered in a reformed church . upon the back of this , by the instigation of the prelates , who scorned to be and one , no not by iulian the apostate , in surpressing religion , they proceeded to poyson all the seminaries of learning : ordaining , in act. . sess. . parl. . carol. . that none be masters in any university , except they both take the oath of supremacy , and submit to and own prelacy ; or be so much as a pedagogue to children , without the prelates licence . by which course honest and learned men were brought to considerable straits and sufferings ; and ungodly and unsound masters had access and encouragement , to corrupt the youth with perverse and malignant principles , to the great and observable detriment and decrement of religion , learning , sobriety , and morality in the nation . the next contrivance was , to corrupt all the fountains of judicature . and for this end it was enacted , act . sess. . parl. . carol. . that all persons , in any publick trust or office whatsoever , should subscribe the declaration , renouncing and abjuring the covenants ; and that not only under the certified penalty of forefaulting the priviledges of magistrates ; but also of all the priviledges of merchandizing , trading , and others , belonging to a burgess , act . sess. . parl . carol. . whereby perjury was made the chief and indispensable qualification , and conditio sine qua non of all that were capable of exercising any power in church or state ; contrate to known laws yet unrepealed , which make them that are guilty of perjury , incapable of being intrusted with any publick administration in the kingdom . the parliaments thus corrupted , and instigated by the bishops and curates , establish wicked laws pressing conformity . and in the very first of them , made such a streach , beyond all bounds of charity , justice , reason , or humanity , that they made all addresses to god or man , remonstrating such grievances and reflecting on such proceedings to be criminal ; declaring petitions to be seditious , and discharging all writing , printing , remonstrating , praying , or preaching , shewing any dislike of the kings absolute prerogative and supremacy in causes ecclesiastick , or of the government of the church by bishops , act . sess. . par. . carol. . and act ibid. they not only prohibited any to preach in publick , or so much as in families without the prelates licences but discharged all private meetings in houses for religious exercise , of such as could not in conscience give their countenance to the curats service in churches . then in the sess. act. . they declare , that all non conformed ministers , that shall presume to exercise their ministry , shall be punished as seditious persons : and require of all , in acknowledgement of and complyance with his majesties government ecclesiastical , that they give their concurrence and countenance to the curates , and attend their meetings for worship : ordaining , that whosoever shall withdraw , shall incur , each nobleman , gentleman , or heretor , the loss of a fourth part of their years rent , every yeoman the loss of a fourth or under of his moveables , each burgess the loss of his burge-ship , with the fourth of his moveables , with a reference to the council , for farther punishment , and more effectual execution : which the council very vigorously prosecuted , in emitting most rigorous proclamations after that : some requiring all to keep their parioch churches under the pain of . shil . toties quoties ; some discharging all preaching , praying , or hearing in families , where three or some more then the domesticks were found , as unlawful conventicles ; others certifying , that all such meetings , not authorised , shall be punished by pecunial and corporal pains , at the arbittement of the council ; other commanding all masters of families , heretors , landlords , and magistrates of burghs , ro cause their servants , dependents , tennents , taxmen , cottars , and all under their charge , to submit and conform to the curates their ministry . for putting these laws in execution , the king erected a high commission court ; consisting of some prelates , noblemen , magistrates of burghs , and some souldiers , impowered , by vertue of his prerogative royal and supremacy , to suspend , deprive , and excommunicat , as also to punish by fining , confining , and incarcerating , all keepers of conventicles , and all non conformists : a hotch-potch mongrel monster of a judicatory , authorized by the prerogative against the laws of god and man , meddling with causes and censures ecclesiastick and civil , most illegal and arbitrary , both for its constitution and procedure : whereby persons brought before them were made to answer super inquirendis , contrare to express standing law ioc. . parl. . act. . anno. . without either libel or accuser , or admitting legal defences except they take the oaths ; and sentenced with stigmatizing , scourging , banishment , deportation and slaverie to barbados , &c. by orders from this court , especially from the prelates , whose country sides were in a great measure depopulate for non-conformity , by souldiers ; sometimes besetting the churches , where honest ministers were not yet ejected , and forcing all within to pay fines ; sometimes going to the curates churches , and amerciating all the absents in such fines as they pleased ; sometimes by force driving all to church , beating , wounding , and binding the reousants ; sometimes exacting exorbitant fines by plunder , to the harassing and making havock of whole country sides ; sparing sometimes complyers no more then recusants ; and punishing husbands for their wives , parents for their children ; yea doubling and tripling the same exactions after payment ; yet compelling them sometimes , to subscribe an acknowledgement that the captain had used them civilly and discreetly ; then after all , apprehending , imprisoning , scourging some , stigmatizing others , and sending them to forreign parts , that would not for all this conform . hereupon , being outwearied with intollerable oppressions , a small party of dissenters were partly compelled , and party by a surprise of providence engaged , to run together for their own defence , at pentland anno . where , after the defeat , the prisoners that were taken upon quarter and solemn parol to have their life spared , were treacherously given up to be condemned , the very manner of their execution being first determined and described before arraigment , and cruelly hanged ; their heads being set up at edinburgh , glasgow , air , dumsreis , and at hamiltoun ; turks would have blushed to have seen the like . among the rest one eminent minister , mr. hugh mckail , for having but a sword tho not present at the fight , was first cruelly tortured with the iron boots , and afterwards execute to the death . at their executions drums were beat that they might not be heard ; a barbarity never known in scotland before ; and rarely heard of except in the duke d' alvas murdering the protestants in the netherlands ; but frequently used almost at all the executions since of our martyred brethren in this land. immediatly hereafter souldiers were sent out on free quarter , to examine men by tortures , threatning to kill or rost alive all that would not delate all they knew accessary to that rising : who accordingly , by fire matches and other tortures , forced women to discover their husbands and other relations , although they knew not it they were there ; stripped them who reset the fugitives , and thrusted them in crouds to prisons in cold and nakedness ; and some they murdered without process , that would not , because they could not , discover those persecuted people ; yea and drove away the goods of the country , without respect to guilt or innocency . in the mean time , such as were in armes , and some that were not , were intercommuned , and interdicted of all reset , harbour , hiding , corresponding , or comfort , under pain of rebellion and of being counted guilty of the same crimes , wherewith the intercommuned were charged . and many gentlemen , ministers , and others , were forfeited of their whole estates very illegally : yea some that were not present at that appearance in armes , nor legally convict , nor cited to answer according to law , were yet forfaulted before the act of parl. . act . carol. . contrate to express standing statutes . and further all dissenters , and such as did not joyn in suppressing that expedition , were by order from the council robbed of their armes and horses fit for service ; their guilty consciences puting them in fears , and dictating their desert of greater opposition . after all these cruelties , murdering the persons and oppressing the estates of poor dissenters ; what they could not do by law , nor force , nor futy , they contrived to effectuate by craft , under the notion of clemency ; but such a clemency , as was a greater cruelty then any former persecution . the poor people that had nothing left them but a good conscience , must have that robbed from them likewise : therefore these wicked councellers and prelates , still stirred up by the curates , having none or a seared conscience of their own , contrived to take away from people all remainders of conscience , or to make them pliable to comply with every corruption they should introduce , by imposing conscience-debauching and ensnaring oaths and bands most deceitfully and ambiguously framed , most illegally imposed , and insolently pressed ▪ and more numerous since that time than ever was heard of in any nation in one age : there being scarce one year since that time , wherein several of these oaths and bonds have not been vented and imposed , contradictory to one another , contrary to our sworn covenants and work of reformation , impossible to keep , and unlawful to take . yet finding they could not yet suppress the persecuted meetings for gospel ordinances , but that the more violence was used the greater and more frequent they grew ; they fell upon a more crafty device , to divide and destroy the remnant , to overturn what remained of the churches priviledges undestroyed , and to settle ministers and people into a silent and stupid submission to all the kings usurpations upon the same , by giving an indulgence , anno . to some outed ministers , with restrictions and instructions , clearly homologatory of the supremacy whence it flowed , establishing the height of erastianism , prejudicial to the freedom of the ministry , injurious to the priviledges of the church , contrary to presbyterian principles , and contradictory to the covenants : the grant and acceptance whereof hath been the bane of the church of scotland , and a bone of contention rending and ruining the remnant of ministers and people unite before . the end of it was to advance the supremacy ; as upon this occasion they enlarged and explained it : and because it was against law , therefore , that the kings letter might be made the supreme law afterwards , at least law enough for the council to proceed , enact , and execute what the king pleased in matters ecclesiastick , the parl. . act . carol. . held by lauderdale , asserts and declares , that , by vertue of the supremacy , the ordering of the government of the church doth properly belong to his majesty and successors , as an inherent right to the crown ; and that he may enact and emitt such constitutions , acts , and orders , concerning church administrations , persons , meetings , matters , as he in his royal wisdom shall think fit , which acts , orders , &c. are to be observed and obeyed by all subjects , any law , act or custom , to the contrary notwithstanding . but now as before , faithful ministers that were not thus indulged , sensible of the indispensable necessity of preaching the gospel , and of the peoples great necessity calling them to it from several quarters , after they had undergone and endured many hazards and hardships of villany and violence , imprisonment and banishment , for meeting in the houses , where they were easily intraped , interrupted , and insulted over , were forced to go to the fields , and preach in places most convenient , secret and safe ; whither the people , being tyred of their cold and dead curates , and wanting long the ministry of their old pastors , resorted in great numbers , on the greatest of hazards : the council then , at the instigation of the bishops and curates , raised troops of horse and dragoons to pursue them as traitors and rebells , for their following that necessary and signally blessed duty ; impowred and encouraged to apprehend , and bring dead or alive , some ministers , with prices put upon their heads , and to incarcerate all they could find , either at the meetings , or suspected to be coming to or from them . hence prisons were filled ; some were sent to the bass ; some banished ; and many hundreds driven from their dwellings , outlawed , and intercommuned . for legalizing such mischiess , the second sess. of the second parliament , anno . held by lauderdale , made many wicked laws , causes of many grievances following . as act . ordaining all of every quality or sex , called to depone upon oath their knowledge of such meetings and persons therein , to declare the same in all particulars interrogate , under the pains of fining , imprisonment , or banishment , and deportaion to the indies , as the council shall think fit : oblidging people thereby to betray their own neighbours . act . declaring all outed ministers , found preaching or praying , in any house except in and to their own family , shall be imprisoned , till they find caution under the pain of marks , not to do the like again ; and every hearer shall be toties quoties fined , each tennant in pounds scots , each cottar in pounds , &c. and that all that preach in the fields , or in any house where any of the people are without doors , shall be punished with death ; and any that shall seise and secure any of them , dead or alive , shall have marks reward . act . imposing most i yrannically exorbitant and grievous . fines , upon any that shall offer their children to be baptized by any but curats and indulged ministers ; which were afterwards , by act . sess. . parl. . laid upon all who shall keep their children unbaptized , for thirty dayes together . act . imposing intolerable fines on all that shall three sabbath dayes together withdraw themselves from their own paroch churches . act . sess ▪ . declaring all ordinations of ministers , since the year . which have not been by bishops , to be null and invalid ; and that they are no ministers that are otherwise ordained : encroaching hereby on the most intrinsick and formally ecclesiastick powers of the officers of christs kingdom . these wicked acts were followed with cruel executions , whereby many were made to endure such havock , as harder could not be found in the reign of caligula or nero , both in their own houses , in prisons , and at sea in deportations . hereafter , thinking the ordinary forces not cruel enough in executing these enacted mischiefs , they brought from the wild highlands a host of or barbarous savages , and poured them in upon the westeren shires ( all peaceable at the time , none so much as moving a finger against them ) on design , as would seem , utterly to lay them desolate : with orders to press a bond of conformity , wherein every subscriber was bound , for himself and all under him , to frequent the paroch church , and never go to house or field meetings , nor reset any that went to them , but to informe against , pursue , and deliver up all outed preachers to judgement . many houses and families were then left desolate . the inhabitants being made to flee in the winter season : many left their cattel , and in seeking to recover them lost their lives . yet the innocent country was made to pay for all this service , and hire them to do more , by paying the imposed cess , enacted and exacted professedly , by the act of the convention of estates holden by lauderdale , anno . to raise and maintain more forces , and to maintain the supremacy as now asserted and established , and to suppress field meetings called rendezvouses of rebelion and , for the same causes , and to suppress the propagation of the principles then suffered for , continued by act . parl. . held by the duke of york commissioner . and by act . parl. . iac. . holden by queensberry , continued and prorogued , during all the terms of his lifetime : which , because of the illegality of its imposition , the nature of its exaction , being an obedience to a wicked law , a help to the ungodly to make havock of the church , a hire to the souldiers to destroy what remained of religion and liberty , and because of its ends so expresly declared in the narratives of the acts , to suppress the persecuted gospel and destroy its followers , many presbyterians durst not justify by obedience , in paying the required moyetie ; but chose rather to suffer joyfully the spoyling of their goods , and all the force and fury they could exert against them . whereby many tho' poor yet honest and honestly provided families , were laid waste , and exposed to the miseries of uncertain wanderings . at length , upon occasion of graham of claverhouse , his assaulting a meeting near loudoun-hill , carrying about with him a minister and several countrey men bound as beasts , and getting a repulse in the rancounter with the meeting ; another insurrection , for our lives , liberties , and religion , was undertaken , and discomfited at bothwel-bridge , anno : and at the defeat several hundreds were killed on the field , and . or . were taken prisoners , stript , and carried to edinburgh , where , after two of our ministers were martyred for that appearance , mr. iohn king and mr. iohn kid : and after the rest of the prisoners were kept several weeks in a church yard without a covert either from cold or heat in the open air ; a bond was tendered , seeming to offer life and liberty , on terms that clearly condemned the cause , never to rise in arms against the king , on any pretence whatsoever , &c. which many took , and the rest of us that refused , and even many that did take it , were sent away in a ship bound for america , between and in all : who were all murdered in the ship , being shut up under the hatches , when it split upon a rock in the north of scotland , excepting : some of which are yet alive to give this account . after this , the grand design of subverting and utter everting our reformation , tho' from the beginning of this fatal catastrophe projected , and by all the forementioned methods prosecuted hitherto , was more and more discovered , and beyond all denial demonstrated , that nothing less was intended then the gradual introduction of popery and slavery , and that by all the ordinat iesuitical rules , observed in the seduction of churches into the roman tyrannie : the chiefest of which have alwayes been to foment all quarrels among protestants , and to strengthen the party readiest to comply , to make and execme rigorous laws against the most tenacious , and to load the protestant opinions that are more obnoxious with all odious constructions . accordingly in the first place , to propagate defection and promote division , a proclamation was emitted anno inveighing against and resolutely interdicting all field-meetings ; and granting liberty to preach in houses upon terms of a cautionary bond , binding and oblieging the people for their ministers living peaceably , and in order thereto to present him before his majesties privy council , when they should be called so to do ; and in caise of falizie in not presenting him , to be lyable to the sum of merks . yet excluding all these ministers , who were suspect to have been at that insurrection of bothwel ; and all those who should afterwards be admitted by non conformed ministers : whereby those that durst not comply were exceedingly divided , and more easily destroyed . for their courts of cruel inquisition went by circuit through the country , pressing the bond of peace , denying the principle and renouncing the priviledge of defensive arms ; and taking up portuous rolls of all that were suspect to have been at bothwel insurrection ; whereof they reputed all to be convict , who being summoned did not appear , or were delated by oath super inquirendis to have been seen or heard to be in armes , or did not go to the kings camp , about that time . whereby , not only upon the account of that appearance were many executed to the death , by packing bloody juries and assises , as might conduce and be for their murdering ends , besides more than can be reckoned that were kept to perish in prisons , or deportations to banishment ; but many gentlemen and others were indyted , imprisoned , and some condemned to death , others forefaulted or fyned above the value of their estates , for having seen or spoken with some of those called rebels ; or because they did not discover or apprehend them , even when they did not and could not know whether they were called or counted rebels or not . and some poor people , when they could not be reached any way for this insurrection at bothwell , nor any other overt act or transgression against even their wicked laws , were condemned for their simple declared opinion of it : which the council , and court of justiciarie , particularly sir george mackenzie advocate , did extort from them by terrible menacings of death and torture . for , being interrogate , whether the rysing at bothwel-bridge was rebellion , and a sin against god : many , for saying it was not , yea , for not saying it was , and waving the question , as reckoning themselves not oblieged to answer , were cruelly condemned and executed , tho they declared and were known to be as free as the child unborn of these actions they were examined upon . in fine , after our patience had been long outwearied with insupportable slavery , and under such intollerable oppressions in our consciences , persons and estates ; so universaly extended , that in the present circumstances we had more reason to hope , that past miseries , present pressures , and future dangers of greater encroachments , then foreseen by all men that did not willingly shut their eyes , should have incited and invited all , that had any regard to the great interests of religion and liberty , to concur in an essay to emancipate themselves and posterity from that yoke of grassant & growing tyrannie , than to fear the condemnation of any under these oppressions , or the clamour and out cry of those that were at ease against the informality , illegalily , unseasonableness , or unfealableness of such revolt : we were enduced and enforced at length , when we could do no more to preserve what remained of these interests , or save our consciences innocent from all participation of the sin of the destroyer of them ; to declare for our parts a revolt from , and disown alleagiance to king charles the second , as being no longer to be accounted our supreme magistrate , but ipso jure devested of that office and trust , reposed and devolved on him by express compact and covenant : when he broke all these conditions , whereupon his authority and our alleagiance were founded ; in his utter violating and making void the covenant and coronation oath , whereby our subjection to him , limited to those provisions , was explicitely disingaged and remitted ; when he did unhinge and insringe all the legal establishments of our religion ; and subverted all our religious liberties , by usurping a blasphemous sacrilegious supremacy over ecclesiastical ordinances instituted by christ ; and when now he had overturned all fundamental constitutions of the state as well as the church , subverting the peoples rights , liberties , laws , and all securities of our life and enjoyments whatsoever , by claiming and taking an absolute tyrannical civil prerogative , paramount to all law , inconsistent either with the freedom or safety of the people : whereby no shadow of government was left , but arbitrary absoluteness , making the kings letter the supreme law of scotland ; while innocent and honest people for conscience were grievously oppressed , and perjuries , adulteries , idolatries , and all impieries , were not only indemnified and past without punishment , but encouraged as badges of loyalty . for which causes , we openly proclaimed our revolt from the government as it was then administrate . and in the same declaration , we reckoned our selves oblieged to protest against the reception of the duke of york in scotland ; and against his succeeding to the crown , who was then declared incapable of succession of the government , by a vote of the two honourable houses of the parliament of england . for for owning , and not daring to disown , which revolt , it is impossible to enumerate our kinds and degrees of sufferings : for this we had our ministers and brethren murdered , both in the fields , and scaffolds , and prisons , and seas ; besides those that were slain at airds-moss , where bruce of earleshall attacked us , and slew mr. richard cameron a faithful and zealous minister with many of our brethren . after this it was generally imposed on prisoners , even such as could not be charged with any accession to the forementioned declaration , to give an account of their thoughts and consciences about the lawfulness of the kings authority : which if they could not own , or declined to declare their thoughts , as judging it the common interest of mankind to plead for the freedom of thoughts from all humane jurisdiction , or if any answered with such innocent qualifications , as that they owned all lawful authority in the lord , or , according to the word of god ; then they were punished as traitors , executed to the death , and some at their first apprehending tormented with fire-matches , then laid in irons , afterwards tortured with the boots or thumbkins , and after all executed in a most barbarous manner without suffering them to speak their dying words for beating of drums . thus a great number of innocent people have been destroyed , without respect to age or sexe ; some meer boyes have been for this hanged ; some stouping for age ; some women also hanged , and some drowned , because they could not satisfy the council , justitiary court , and the souldiers , with their thoughts about the goverment . in the year . the duke of york , as commissioner from his brother , held a parliament , ( auspicated with the blood of mr. donald cargil a godly and faithful minister , which was shed at the cross of edinburgh , the day before the sitting down of the parliament ) wherein he not only presided against all our righteous laws , that make a papist incapable of such a trust , and against their own laws , without taking the oaths of administration , but procured an act to be made recognizing his succession to the crown notwithstanding all standing unrepealed laws against papists : wherein also many acts were contrived that have been great causes of the desolation and depopulation of the country that ensued : as act . dowbling the fines imposed by former laws for fieid conventicles ; and ordering heretors and masters to put away their tennants , cottars , or servants , at any time of the year without any warning or process of removing , notwithstanding of any tacks or terms to run ; and to retain their goods , &c. act . declaring , that all jurisdiction doth so reside in his majestie , that his majesty may , by himself or any commissionated by him , take cognizance and decision of any cases or causes he pleases . hereby a foundation was laid for overturning all civil and criminal justice , and for erecting the tyranny of the popish inquisition , whensoever matters were ripe for it , and for commissionating souldiers to take away the lives of innocents , without all process of law , as was frequently exemplified afterward and act . and . framing and imposing on all in trust a detestable and self contradictory test , which turned out of all places of trust any that retained any measure of common honesty . for explaining which , the late earl of argyle was arfaigned and condemned ; and escaping prison , forced to flee to forraign lands : as many others , both gentlemen and commons were constrained to leave the land ; where for multiplied , illegal , and ensnaring impositions , they could neither live like men nor like christians , but as asses couching under all burdens . these and the like acts , with many others arbitrarly superadded proclamations ( which have been multiplied every year beyond all reckoning , and stretching the designs of the court beyond all measures , no only of legality , but of humanity , expecting at the next parliament to have them either justified or indemnified and pardoned ) were with tyrannous rigor executed by circuit courts of inquisition ( some way equally if not exceeding the spanish , for illegality and inhumanity ) pressing conformity , submission to prelacy , impossing , enslaving and ensnaring oaths and bonds , contradictory to reason , and contrary to religion ; and oppressing of all ranks , qualities , and vocations , with such arbitrary acts of intercommunings , finings , and other intollerable impossitions , that they seemed to drive at no less than the overturning what remained undestroyed of religion , liberty , law ; or conscience in the nation . for not only the poorer sort were many wayes oppressed , plundered , pillaged , impoverished , and destroyed ; but gentlemen also were extremely vexed , for alledged converse with intercommuned sufferers , being fore faulted , fined , and incarcerate , till they should pay summs , which neither they were obliged nor able to pay . and not only were the formerly persecuted ministers , lurking in the land , forced to leave it ; or cited and compeared at their courts were imprisoned : but even the indulged ministers , who by the kings supremacy were authorized to preach in churches alloted to them , were as arbitrarly discharged , summoned to their circuits , and imprisoned . especially we , who durst not comply in less or more with any of their impositions , nor own their usurpations and tyranny , whom therefore they represented in all their edicts , as enemies to all government and humane society , were exposed to , and made to endure the utmost of their rage . our families were harassed , pillaged and laid waste , our persons were intercommuned , driven out of our own and all other habitarions into the wilderness , being interdicted of all harbour , supply , comfort or converse , by barbarous edicts ; and incestantly pursued by numerous forces , horse , foot , and dragons powered into all parts of the country , impowered and commissioned to plunder and pillage all houses where they heard we were seen ; and not only to search , hunt , & chase us through all towns , villages , cottages , woods , moors , mosses , and mountains , forcing us us to flee to the remotest recesses in the wildest deserts ; but to shoot , hang , drown , murder , and make havock of us , where ever they could apprehend us , without tryal or sentence . proclamations one after another were emitted , commanding all to raise the hue and cry after us , and not only to advertise the souldiers , but to concur with them in pursuing us , and to seek us out of all our dens and caves in the most retired places of the mountains , which we digged under ground , when we could not find a hiding place above the face of the earth : whence we were redacted to many incredible hardships and hazards , being exposed to the cold blasts of winter , and the pinching straits of hunger , when we could neither have sustenance with us , nor durst we go abroad to seek it but in the peril of our lives , and being forced to hide from country people as well as souldiers : whence many of us could not escape falling into their bloody hands , who , in obedience to their murdering mandates killed many instantly in the fields ; and such as obtained the favour of being spared for execution upon scaffolds , tho without any colourable shadow of a formal procedure , or were imprisoned , tortured , or banished to be slaves , were thought to have been very mercifully dealt with . whereupon , being driven to such a paraxisme of danger and despair , that neither , were we able to endure the extremities of inexpressible miseries then lying and growing upon us , nor had hope to escape in humane probability the utter destruction intended , enacted , declared , and indefatigably pursued against us by our enemies , the popish , prelatieal and malignant faction ; when so many of us were daily taken and murdered , and the rest of us could neither escape by flight out of the land , ( orders being given to stop all passages by sea and land , and catch us wheresoever we could be deprehended making any such essay ) nor by lurking and hiding in the land , through the vigilance and diligence of intelligencers , who were suborned and encouraged to use all endeavours to intrap and inform of us , wheresoever we could be heard of ; no other expedient was left under our deliberation to try for preventing our utter extermination , than to publish , by affixing on the church-doors in the night season , an apologetick declaration , avowing our adherence to former principles and testimonies , and warning our enemies to surcease from their wickedness and severity against us , under certifications that it should be revenged : designing hereby mainly to restrain and deter these insolent intelligencers . hereupon followed a most violent proclamation , ordaining all that owned or refused to disown the declaration , and the principles therein specified , should be execute to the death ; commanding all the subjects to concur in the pursute of us ; and for their encouragement , offering merks for each of us ; requiring also , that none presume to offer to travel in the country without testificates of their loyalty , by taking the oath of abjuration , otherwise they should be holden as concurrers with us , and therefore that none shall be lodged without these certificates . hence the trade and commerce of the countrey was much interrupted and prejudged , by prohibiting all to travel without a pass in time of peace . and to the reproach of all order and government : hostlers and common inn-keepers were made judges impowered to impose oaths upon all passengers & travellers , that their passes were not forged and seigned . this oath of abjuration was pressed universally , on pain of death , ( in some places from house to house ) upon men and women , young and old ; who were pressed upon the penalty of death , without time to advise upon it , to give their judgement of the said declaration , and of the kings authority ; which contributed very much to make it more and more questioned by many , and rediculous to all . hence many of us that stood out and aloof from this complyance , were shot in the fields ; some brought in prisoners , sentenced , and executed all in one day ; and some early in the morning , that people might not be affected with the pitiful sight of such bloody severities ; yea , sometimes the spectators were commanded by captain graham in edinburgh , to give their judgement , and declare their opinion , whether they were justly put to death or not . in process of time , the late king dying , and the duke of york ascending the throne ; it would have been thought , that such revolutions then occurring would have required and produced some cessation , relaxation , or relentment of our persecution : being in our selves , and in our persecutors esteem , persons of so mean a figure in the world , scarce worthy to be the object of the indignation of a new installed prince ; and his late proclamations would make the world believe , that the beginning of his government had put an end to all these troubles upon the account of conscience . but on the contrare , the acts and executions against us in a manner did then but begin to be cruel ; and all the power of the forces was imployed to destroy us , so much already destroyed . for then , more cruelly than ever , not only the standing forces , but another host of savage highlanders , inured to rapine and murder , brought from the north , were ordered and impowered to act against us the greatest barbarities , in butchering and slaughtering us in the fields where ever we could be found , without all colour of justice , only for not satisfying them in their impertinent as well as wicked impositions on the conscience , or form of law , even the worst of their own laws . accordingly some of us at labour , same traveling in the road , were cut off without pity ; some surprised in caves , and murdered there ; without time given to pray to god for mercy ; some were taken first to prison , then surprised with execution , without a triall or definite sentence , not knowing when or if at all they should be execute ; some had their ears cutt , & then sentenced to be transported to iamaica , and yet some of these were kept , and again sentenced with death , and executed : others were sent to an old ruinous castle denotter , and kept in vaults , in such crouds and numbers , that they had no room either to sit or lie , and so cruelly treated , as would make savages blush to hear of it , and then banished to america , and in the voyage about died . but as those cruelties were monstrnous for illegality and inhumanity ; so the ensuing laws made in the first parliament , iames th . . held by queensberry commissioner , approving and ratifying the same , do far exceed all former for unparalelled attrociousness : as act . allowing pannals already in prison , and indicted for treason , to be cited on houres . act . statuting , that such as being cited to be witnesses as in cases of treason , field or house conventicles , do refuse to depone , they shall be lyable to be punished as guilty of these crimes respectively , in which they refuse to be witnesses . act . declaring , that the giving or taking the national covenant or the solemn league and covenant , or writing in defence thereof , or owning of them as lawful , or obligatory on themselves or others , shall infer the crime and pains of treason . act . declaring the usual procedure of fyning husbands for their wives withdrawing from the church , to have been legal . act . statuting , that the concealing and not revealing of any supply given to such , as are forefaulted for treason ( to wit , the most innocent contending for the covenants and work of reformation , against popery , prelacy , or tyranny , and tho the supply should be given to their nearest relations so foresaulted ) is treason , and to be judged accordingly . act statuting , that all that shall hereafter preach at house or field conventicles , and all hearers also at field conventicles shall be punished by death and confiscation . act . reinjoyning , and further extending the imposition of the self-contradictory test. act . ratifying , confirming , and approving what hath been done by the privy council , justiciary , or those commissionated by them , in banishing , imprisoning , and fyning such as refused to take the oath of allegiance , ( which includes the blasphemous supremacy ) with asserting the prerogatives ; and under the same pains , ordaining all subjects so to take the said oath when required . act . ratifying and approving the opinion of the lords of council and session , adjudging it treason to refuse the oath of abjuration , confirming all the illegality of procedure thereupon . act . statuting , that all masters , heretors , liferenters , &c. shall insert in all tacks to be set by them to their tennants , in burgh or landwart , an express clause , oblieging the tennant for his wife and family to conformity , under exorbitant penalties . act . ratifying a proclamation against us , as bearing the effect of an act of parliament ; requiring all the subjects , upon knowledge or information of any one or two or moe of us in any place , to give information thereof to the chancellour , and to the nearest commanders of the forces , within the space of an hour at most for every three miles distance , and all sheriffs , &c. to call the subjects to search and apprehend us ; and on our flight , to acquaint the magistrates of the next shire , and so from shire of shire , till we be apprehended , or expelled from the realm ; with certification , that whosoever fails in pursuing us whether magistrats or subjects , or in not giving timeous information within the space forsaid , shall be held as art and part , and undergo the same punishment with us . in which act and proclamation , we are called only runnagats , traitors and fugitives , tho` in pursuance of this cruel edict , they have multiplied that number many times over and over , in imprisoning , banishing , and butchering our dear brethren ; and yet all the prisons they could fill , and shipt they could fraught with us , and gibbets they could hang us on , could never either exhaust or lesson our number : for the more we were afflicted the more we grew ; and the design to destroy us , by the mercy of our god counteracting it , proved alwayes a burdensome stone to the destroyers , and an help to the destroyed . yet tho they pretended to have us expelled out of the realm , they shut up all possible access to attempting to depart out of it : for , as forces were lying on each side the borders to catch us if we should escape by land , so they prevented all probability of going by sea , by act . of this same parliament , forbidding and prohibiting all masters of ships to export any passenger till he be brought before the next magistrates : which none of us durst venture upon for fear of our lives . this was an unhappy specimen of the kings commenced government , and a very unprecedented policy of his counselors , to reconcile male contented subjects to a loving and consienciously loyal subjection to him , being in effect the same with the advice of the young men to rehoboam , and productive of the same effect with that : when practically in their acts and actings it was declared to us , that whereas the former king had made our yoke heavy ; this would add thereto : the former had chastised us with whips , but he would chastise us with scorpions : whereof having felt the smart so sharply , we could not be easily induced to a kindly acknowledgment of allegiance out of conscience unto him , who came not in as a father to rule us , but as a lyon to devour us . wherefore , tho much pressed by all the tyrannical force , that could be exercised to enslave us under that yoke , or destroy us for refusing , we could not in conscience own or acknowledge his lawful authority . and in pressing it they gained little , after all the blood they shed on scaffolds and fields upon this account , but to ridicule the government , and make it more contemptible , when they required every poor lad & lass in the country to give their opinion of the government , a question very unusual to be proposed to private subjects . men really invested with authority do think , their laws and power to execute them on offenders may well enough secure the peoples subjection , and will disdain such a suspicion of the questionablenss of their authority , as to make it a question to the subjects : the more it was made a question to us , the more it became questioned and suspected : and the more we were made to enquire into it , the further we were from deprehending or recognoscing in him either the characters or constitution of a magistrate to be owned . we considered the many righteous laws , established by our worthy ancestors , for the preservation of the true religion and liberties of the kingdom , insert in the national covenant ( which every soul in the kingdom under the bond of that covenant , is bound , to maintain according to their capacities ; ) as act parl. . king ia : : repeated and ratified in many acts afterwards , expresly providing and ordaining , that all kings and princes , at their coronation and reception of their princely authority , shall make their faithful promise by oath , and that they shall profess and maintain the protestant religion , and shall abolish and gainstand all false religion contrary the same , and shall rule according to law , &c. which oath of coronation he did not take , would not take , could not take , while a papist ; and therefore we could not look on him as our king by law. we considered likewise , that in our covenants the allegiance that we must own to the king is expresly limited and qualified thus , in the preservation and defence of the true rellgion , liberties , and laws of the kingdom : of which qualification , allegiance to him , a destroyer of religion and liberty , is nor capable . we remembred the principles and sentiments of our fathers upon the admission of king charles . to the exercise of his royal power , declared in their seasonable and necessary warning , gen : assem . iuly : sess : : . wherein they tell us , that a boundless and illimited power is to be acknowledged in no king nor magistrate ; that there is a mutual stipulation and obligation between the king and the people , as both of them are tyed to god , so each of them are tyed to one another : accordingly kings are to take the oath of coronation , to abolish popery and maintain the protestant religion : as long therefore as the king refuses to engage and obliege himself for security of religion , and safety ; of his people it is consonant to scripture and reason and laws of the kingdom , that he should be refused : and that in the covenant , the duty of owning the king is subordinate to the duty of preserving religion and liberty . and therefore , without security of these , it were a manifest breach of govenant , and a preferring the kings interest to the interest of christ , to bring him to the exercise of his power . and consequently , for us to give such a consent to it , as such an owning of him as required would amount to . accordingly also the commission of the general assembly in their act of the west-kirk , declared , they would not own the king nor his interest , otherwise than with a subordination to god , and so far as he should own and prosecute the cause of god , and disclaim his and his fathers opposition to the work of god and the covenant . we called to mind likewise , what our renowned reformers gave out , as the case of their revolt from the government of mary qu : dowager , anno . her persecuting the professors of the true religion , and oppressing the liberties of the true lieges , her intruding of magistrates against all order of election , her adultering and subverting the old laws of the realm , &c. which all men know were as applicable to king iames th : as to her : and therefore we had their reason to obliege us , and their example to encourage us to say with them ; we own and promise to our lawful soveraign all due obedience , provided we may have our religion and liberty secured , without which we firmely purpose never to be subject to mortal man. for which and many other reasons , we reckoned our selves under obligations to decline the imposed owning of his authority ; and took the opportunity in the time of the expedition of the earl of argyle against him , to publish in a declaration our reasons why we could not acknowledge it . in the mean time , the late earl of argyle , with some other noblemen and gentlemen , associating with the duke of munmouth , to essay some diversion and opposition to the kings designs , of advancing and establing tyrannie and popery : all the forces , militia troups and companies , and the whole army of heretors were powred in upon those places of the kingdom , where most of us were sojourning . who , besides all the blood shed upon the account of that expedition , the blood of the earle himself , and others of both nations engaged with him , and many of his wassalls in the highlands cruely put to death by the marq. of athol , had in commission , and put in execution the bloodiest orders we think readily men could ever receive or obey . the greatest employment , that that great army had in hand and in heart , was to wreck and exert all their fury and force upon the poor mountain-men as they called us : which they did by ranging and spreading themselves many miles in breadth , every one within sight of another , and searching for us through all the rocks , woods , mountains , and mosses of the country , where we were hiding , with such vigore , violence , and dilligence , as if they had been hunting for hares or foxes . and the greatest ambition and emulation of their leaders and champions , graham of claver-house , & liev. gen. douglas brother to the duke of queensberry , col. buchan , with others of their inferiour officers , maj. balfour , liev. creightoun , and liev. livingstoun , &c. was , who should be most skilful and succesfull in destroying us . and all this , for no other cause , then because we could not answer to their satisfaction the questions they proposed , without any warrant of law , and against the common interest of mankind , which frees all men from being obliged to discover their secret thoughts ; namely because we could not obtain of our consciences to declare that we would own and acknowledge that authority which enacted , and by which they acted , all these mischiefs . yet , to the commendation of gods clemency , and condemnation of mens cruelty , we may say , when they had shot all their bolts , after they had hanged , shot , tortured , or banished for slaves , all they could catch of us , they were further from their purpose than when they began ; our numbers and mettings for gospel ordinances , administrated in purity and power , encreased more and more . but at length , tho' our persecution continued , the king was pleased to change his methods with other dissenters . he multiplied many favours to such of them as he called moderate : and , by these means intending to advance the mysterie of iniquity , by stoping the mouths , and binding up the hands of all from whom he might expect control or contradiction , and laying them by from all open opposition to the introduction of poperie and advancement of slaverie , he purposed and proposed the repealing of the penal statutes against papists , at the parliament held by the earl of murray : against which , when afterwards some of the common sort of people , and of the souldiers , spoke some what freely , and for shewing their dislike of setting up the idolatrous mass , and for speaking against poperie , and the designs of the king , they were put to death in a most despotical and arbitrary manner . the persecution the mean while still continuing against us , and growing more dangerous , and worse to bear that we had all the brunt of it to sustain ; while the forces had few other to persecute but us : which they did in great fury , murdering in fields and scaffolds , such as they could catch of us . at length , what could not be obtained by law , at the formentioned parliament for taking off the penal statutes , was effectuate by prerogative , in a proclamation , feb : : . granting , by the kings soveraign authority , prerogative royal , and absolute power , which subjects are to obey without reserve ; a toleration , under certain conditions , restrictions , and limitations , to all sorts of perswasions , excepting us who are left to the full vigor and utmost rigor of the laws made against us : suspending , stoping and disabling all laws , or acts of parliament , customs or constitutions against any roman catholick subjects ; giving them freedom in all respects , as much as any prtoestant subjects , whatsoever , not only to exercise their religion , but to enjoy all offices , benefices , &c. which he shall think fit to bestow upon them in all time coming . hence papists were put into places of highest trust , both civil and military : and popish magistrates without any election established in burghs , &c. contrare to the known laws of the kingdom , admitting none to be magistrates , or so much as a procutator , notar , or member of court , who professes not the protestant religion , act . parl : . iames . declaring all papists infamous , and unable to sit or stand in judgment , pursue , bear office , or to be admitted as proves , witness , or assisors against protestants . act : parl : : iames : which is extended to all and whatsomever office , without any exception or restriction in all time coming . act : parl : : iames : hence also the idolatrous mass was set up in the most publick places of the kingdom ; and popish seminary priests suffered and encouraged to preach , and set up schools , to seduce the people , especially the youth : contrate to many express standing laws , act : parl : : iames : and act : ibid : ordaining all layers or hearers of mass to be punished , with imprisonment for the first fault , banishment for the second , and justifying to the death for the third fault . act : iarl : : k : iames : decerning , that , in all time coming , the saying of mass , resetting of jesuites , seminary priests , traffiquing papists , shall be just cause to infer the pain and crime of treason . act : parl : : iames : ordaining in all time coming , all wilfull hearers of mass , and concealers of the same , be execute to the death : ratified in the act. parl. . iac. . and in . act. parl : : iac : . hence papists have erected schools , and made , sold , and dispersed their heretical books , tending to seduce the people from the true religion : contrary to express laws , act. . parl : : iac : : act , and : parl : : i : . this popish toleration , was neither extended to us ; all the three proclamations thereof expresly providing , that field conventicles , & all preachers and hearers thereat , be prosecuted according to the utmost severity and rigor of the lawes made against them , left in their full force and vigor , with a command to all judges , magistrates and officers of ●orces , to pursue us with all violence ; nor could we in conscience and duty , directly or indirectly , suffer our selves to be involved , by any participation therewith or acceptance thereof , in the sin of it against the laws of god and man : since it appeared evidently to flow from a blasphemous fountain of absolute power ; through a treasonable channel of stoping , suspending , and disabling the penal statutes made against the enemies of god , and of the kingdom ; and to be designed for the wicked ends of subverting the protestant religion , and the peaceable introduction of popish idolatrie and heresie ; and to offer , not the establishment of our religion , but the tolerating of it , under the scandalous notion of a thing to be suffered for a while ; and with such shameful securities , as robbed the church of all her legal charters of laws and covenants establishing her reformation , leaving her nothing in lieu thereof but a blind precarious promise of one , whose principles oblieged him to keen no faith with those to whom he promised it . but against all these indignities done to christ , and injuries to the church , intended and effected by this toleration , our ministers thought themselves oblieged to bear witness and testimony : and with respect both to necessity and duty , to continue to keep their meetings in the open fields , whether the tyranny of the times had driven them : since they durst neither seem to homologate the toleration , by coming under the sconce of such a protection ; nor durst they give such advantage to such as were insatiably thirsting after their blood , and were impowered to shed it , as they were seeking and would have found , if they had shut up themselves within houses , that could neither hold their friends , nor be hid from their enemies . this we looked upon as a testimony , for the interest of the protestant religion , for our covenanted reformation , for the laws & liberties of our country , all undermined and sought to be subverted by that toleration . in the prosecution of this device , when others were killed with popish kindnesses , we were left to feell the sweet effects of popish crueltie . some of our bretheren were murdered in fields and scaffolds , since that pretended toleration ; many both men and women have been banished and sold for slaves in barbados : other severe proclamations were issued against our ministers , intercommuning , & seting a pryce upon their heads , to encourage all to apprehend them dead or alive : one of them , mr. iames renwick a painful minister being feb. . was executed to the death in edinburgh , the drums beating all the time of his praying and speaking upon the scaffold . and after this , not only was the country oppressed with souldiers , free quarterings , and frighted with their searches , and insolences in their ryding up and down the country , challenging peaceable travellers upon the road , about their opinions of the kings authority , and if this and that was rebellion ; and threatning present death to such as did not satisfie them : but the city of edinburgh vexed with universal searches , and the impositions of these impertinences , whereby many were taken and examined by claver-house , who required them to renounce the covenant , imprisoned the recusants ; whereby the prisons were crouded : and yet , notwithstanding of an indemnity , october : alledged as ample as absolute power could make it , tho not expresly excluded , they were detained prisoners until the report of his highness the prince of orange , now king of brittain his prevailing , and fear of his victorious arms did move them not to keep any longer any that might be evidences and witnesses of their arbitrary cruelty . as the same reason also it seems did constrain them , to take down and bury the heads of those they murdered , for fear lest these monuments of their cruelty standing , might occasion the question to be moved , by whom and for what they were set up ? than which nothing shall be more confounding to them , when inquisition shall be made for blood . thus these enemies of the country , the encroaching privy council , and the prelates in special , now universally contemned since the toleration , were going on in their designs to enslave the nation , and to prevent and suppress all essayes to retrive or revive any hopes of recovering any liberty ; multiplying their searches , not only for us , but for any that were suspected to favour their present majesties cause , and undertaking , so soon as it began to be surmised here ; and laying up in irons and closs prison some gentlemen , upon suspicion of their being privy to it . and , as soon as they had certain intelligence of king william his great and generous resolutions , in order to the restauration and preservation of religion , laws , and liberties , in these three kingdoms , they made such vigorous preparations for opposition , and issued out such virulent proclamations inveighing against his highness , under such severities of certifications , requiring all from : to : to concur under their displayed banner for arbitrary government , as if they had feared an invasion from turks or tartars . yet in the mean time , tho there were suspicions then , and discoveries since , of an intended popish massacre , they disarmed the western shires , and sent orders to the officers of forces , especially imploying such as were professedly popish , to go through the country , and take all their armes , leaving them nothing to defend themselves withal , and causing the people to swear that they had no other armes than such as they got . and in their march , meeting with some of our number , they threatned to shoot them presently if they would not own king iames , pray for him , and for confusion to all his enemies : which they refusing at first were appointed to be shot , and had their faces covered with napkins , and with great difficulty escaped by complying . by the former summary and abridged abstract and compendious deduction of our many and manifold grievances ( the truth whereof can be evidenced by many demonstrative evidences ) it may appear what have been our sufferiugs since that fatal revolution , anno : from the popish , prelatical , and malignant party ; and what have been their attempts , machins , and methods to overturn our religion , laws , and liberties , and subject us to meer arbitrary and absolute tyrannie ; at least what have been their capital devices , whereby they have ruined and sought to raze us ; and what have been the principal causes and kinds of our sufferings , in their prosecuting the same : the particular relation of which , so far as can be collected , is intended ( god willing ) afterwards in due season to be published . only here it may not be inconvenient to subjoyn , by way of specimen , a short recapitulation in bulk of some instances of our several kinds of sufferings , with a touch at some of the most principal instruments thereof in the five western shires first , for fines , and other exorbitant and illegal exactions of money , the particular summs cannot be here enumerated ; but their vastness , when together calculate , may be easily collected by the scraps already gathered , of some poor families of farmers , cottars , servants , &c. and many of these omitted , or not known , which would very considerably augment the summ ) in some few shires ; viz. clidsdale , renfrew , air , galloway , nithsdale , and annandale , only for but a few years , to wit , since bothwel bridge insurrection , amounting to above . pounds scots money . besides the many honest families , which have been casten out of their houses , harassed and spoiled of their all : some of their houses being thrown down , some burnt , some shut up , their goods and moveables seized upon , their crop and cattel also disposed of , at the will of their persecuters , in the forementioned shires amounting to above : of all which we have a particular account in readiness to instruct . the immediate authors , actors , and instruments of these oppressions , were principally the curates instigating the privy council , which impowered the forces , and noblemen and gentlemen of the country , to prey upon the poor people . all cannot be here expressed , but some of the most noted in the western shires shall be named , who were the greatest persecuters and oppressors by finings and other exactions . of officers of the forces . col. dowglas , now liev : gen. dowglas , brother to the duke of queensberry , exacted above pounds scots money , in galloway , nithsdale , shire of aire , and other places . liev. gen. drumond , besides the forefaultries of gentlemen , did also exact moneys of the poor in the shire of air. the earl of lithgow , and his souldiers , spoiled much in galloway . the earl of airly , and his troup , in the same shire the lord balearras , a great oppressor in galloway , besides all the robberies he committed in fife . — graham of claverhouse , afterwards viscount of dundee , with his brother , and subaltern officers in galloway , nithsdale , and anandale , exacted by fines and otherwise , above : pounds scots money . col : buchan , a most violent persecuter , in galloway and shire of air , by robberies took from the people upwards of : pounds scots . major cockburn , a great oppressor in galloway . major white , in clidsdale and shire of air , exacted by fines and otherwise , above . p : scots . major balfour , now called liev : col ; balfour , a great persecuter and oppressor in clidsdale . captain strauchan , with his troup , oppressed and spoiled much in galloway , & other places . captain inglis with his troup , did dispossess many families , and got much spoil in galloway , shire of air , and clidsdale . captain dowglas , in galloway , committed much outrage and spoil . captain dalzel , harassed much in anandale . captain bruce in nithsdale . — meldrum in clidsdale , in several inroads uplifted from poor families upwards of pounds ; besides the vast summes he exacted in mers and tiviotdale ; with the earle of hume , ker of gradown , laird of hayning , and blindlee ; and in tweddale , with the laird of possa , all great persecuters . liv. winram , in galloway , a very vigilant persecuter and spoyler . liev. barns also , in the same shire took much spoyl . liev. iohn living stoun , a most violent persecuter and exacter . liev. lauder , in the shire of air , a most outragious persecuter and oppressor . — bonshaw , a borderer , a high-way man , afterwards an officer of dragoons , robbed much from the poor people in clidsdale . duncan grant , a creple with a tree leg , a very outragious persecuter , exacted in clidsdale from poor people , above pounds . of noblemen , gentlemen , and others , in the above-mentioned shires , the greatest oppressors and persecuters of the people , were ; in clidsdale . — sommervail , of spittel sheriff de . pute . who , besides his other wayes of persecution wherein he was most active , drew from the poorest people above pounds . the laird of halyards , who uplifted more then pounds . the laird of lachop , a great persecuter and oppressor . the laird of bonnytown , and laird symme , both violent persecuters and exactors . in the city of glasgow , provest iohnston , prov. barns , bail. iohn anderson , bail : yuil , bail. graham , william sterling baron baylif , great persecuters , exacted above pounds . in renfrew . the earl of glencairn , by fines and dispossessing of families , exacted , partly there , and partly in clidsdale and nidsdale , above pounds . lord semple a papist , a persecuter . alexander hume in eglshome , a most violent and vigilant persecuter and exactor , with many others . mr. ezechiel montgomery a great fine-monger . in the shire of air the earle of drumfries , exacted above : pounds . the lord craigy , a great persecuter and oppressor . william creighton sheriff depute very violent and active . crawford of ardmillan , a wicked persecuter and spoiler . mr. william crawford , montgomery of bozland , laird of broyche , clark ogilbie , all great persecuters , who sought to make themselves up with the spoils of the poor people . in galloway . the laird of lag grierson , a most wicked persecuter there , and in nithisdale , exacted above : pounds . the laird of elie , lidderdale , and canon of merdrogat , all diligent persecuters and intelligencers , together with the then collectors . in nithsdale . the duke of queensberry and his sons oppressed much . iohn alison chamberlain to the duke of queensberry , who when dying , said , he had damned his soul for the duke his master . and george charters , another of the dukes factors , who vaunted , he had made : journeys in one year in pursuite of the whiggs . iohn dowglas of sten-house , a papist , exacted above : p : the laird of closburn , above : pounds . sir robert dalzel , upward of : p : of a few poor families . sir robert lawrie of maxweltoun , an oppressor and persecuter . in anandale . the lord anandale , dispossessed and harassed many families , and persecuted much in galloway . the laird of westerhall , a great per : exacted upwards of : p : sir patrick maxwel of sprinkell a very active and violent persecuter and oppressor . the lairds of powdeen , castlemilk , robert caruthers of ramaskells , thomas kennedy of heybeiths , most violent persecuters of poor people . the summes here charged upon these gentlemen , are collected from the minutes the writer had by him , which he is certain are computed within the extent of the several summes . the rest here named did also extort considerable summes , to their own gain and the poor peoples loss ; but because the forsaid minuts do not give a particular account of the quotas therefore they are not supplied . next for the forefaulted gentlemen and heretors , we shall not meddle with them : hoping they shall give a good account of themselves . and as for the number of such as have been forced to a voluntary exile to forreign countries , we think it impossible to come to any reckoning of them : nor of these that have been imprisoned these . years for nonconformity , of whom it cannot be told how many have died in prison , or contracted their death in prison , which spedily did follow upon their liberation . nor of the many extorted vast sums , and robberies of prisoners by iaylors . of the banished , deported into other countries , for the cause of adhering to the covenant and work of reformation , it may suffice to give this account besides the . or . ministers that were banished , and went to holland : and . or . country people to france ; several others to barbados , before pentland . since the year . there have been banished and sent away slaves , of men and women , for the same cause , . viz. anno . . to virginia , . whereof . or . were ministers , who were all by the mercy of god delivered at london . anno. . of the prisoners taken at bothwel , were banished to america , : who were taken away by paterson merchant in leith , that transacted for them with provost milns , laird of barntown ; the man that first did burn the covenant ; whereof : were drowned by shipwrack , being shut up within the hatches , escaped . afterwards were banished to flanders , . men . thereafter were taken away in banishment , by one robert maloch , . men . then by walter gibson , late provest in glasgow , to corolina . anno. . in the time of queensberries parliament of men and women were sent to iamaica . that same year , of the prisoners in dinotter with others were taken away by pitlochie , to newgersie . whereof . were women . that same year , . more were sent to barbados . anno. . after the toleration . men and women were sent to barbados . as for the number of the slain at the several skirmages at pentland bothuel , airdsmoss , &c. they amount too about . and some odds . the number of such as have been executed to death on scaffolds , under collour of law , from mr. iames gutherie the first , to mr. iames renwick , is about , whereof some were women . the list of those that were killed in cold blood , without tryal , conviction , or any colour of law , by the persons under written , followeth . omitting the account of finlay , murdered by general dalzels orders at air , because he could not discover who was at the appearance at pentland , in the year ; and of iames davie in bathgate paroch , and several others , at several times , in several places , whose blood was mingled with their sacrifice at sermons in the fields , before bothwel-bridge ; and of thomas ker of heyhope , brother to the laird of cherrie trees , who was forced to flee for shelter into the english borders , and there killed by col : struthers , anno ; and of henry hall of haughead , apprehended at queensferrie by midletoun governour of blackness , and after several wounds , at length knocked on the head by tho : george waiter at queensferrie . a short hint of those that have been murdered since the year . may suffce . iohn graham of claver house , viscount of dundee , in the year . with a party of his troup , pursued william graham in the parish of in galloway , making his escape from his mothers house , and overtaking him , instantly shot him dead . item , the said claver house , together with the earl of dumbarton , and liev : gen : dowglas , caused peter gillis , iohn bryce , thomas young , ( who was taken by the laird of lee , ) william fiddison , and iohn buiening , to be put to death upon a gibbet , without legal tryal or sentence , suffering them neither to have a bible , nor to pray before they died , at mauchlin , anno . item , the said claverhouse coming to galloway , in answer to the viscount of kenmures letter , with a small party surprised robert stuart , iohn grier , robert ferguson , and another , and instantly shot them dead , at the water of dee , in gallaway , december . their corps being buried , were at his command raised again . item , the said claverhouse in may , : apprehended iohn broun in priest-hill , in the parish of moorkirk , in the shire of air , being at his work , about his own house , and shot him dead before his own door , in presence of his wife . item . the said claverhouse authorised his troop to kill matthew mckel wrath , without any examination , in the paroch of camonel in carrick , anno . col. iames douglass , now liev. general , brother to the duke of queensberry , together with liev : iohn livingston , and a party with them , surprised : men in a cave at inglestoun , in the parish of glencarn , being betrayed by andrew watson now prisoner in drumfreis ; their names were iohn gibson , robert grierson , robert mitchel , iames bennoch , and iohn edgar , all which were at the command of the said col : dowglas brought forth & immediately shot dead , without giving them so much time as to recommend their souls unto god. one iohn ferguson , sometimes a profest friend , thrust one of them through ; supposing he was not dead : this was done in the year , . item , the said col : iames douglas and his party , shot to death iohn hunter for no alledged cause , but running out from the house at corchead , the same year , . item , the said col : or liev : gen : iames dowglas , with liev : livingston , and coronet iames dowglas , surprised six men at prayer at the calduns , in the parish of minigaf ; viz : iames dun , robert dun , andrew mickale , thomas stevenson , iohn macklude and iohn stevenson , in ianuary . item , the said col : or liev : gen : iames dowglas caused take adam macquhan out of his bed , sick of a fever , and carry him to newtoun of galloway , and the next day shot him dead , the foresaid year , . item , the said col : or liev : gen : dowglas commanded thomas richard , an old man of : years , to be shot in the time of prayer ; ( he was betrayed and taken by peter ingles ) anno . at cumnock in kyle . item , the said col : or liev : gen : iames dowglas , together with the laird of lag , and capt : winram , most illegally condemned , and most inhumanely drowned at stakes within the sea-mark , two women at wigtoun ; viz : margaret lauchlan , upward of : years and margaret wilson , about : years of age , the foresaid fatal year , . captain dowglas finding one mowat , a taylor , meerly because he had some pieces of lead belonging to his trade , took him , and without any further trial shot him dead , between fleet and dee in galloway . item , the said captain dowglas and his men finding one auchenleck , a deaf man , for not making answer , through defect of his hearing , instantly shot him dead off horseback , near carlinwark , anno . sir robert dalzel and liev : stratoun , having apprehended daniel mackmichel , and detained him hours prisoner , took him out and shot him at dalveen , in the parish of durisdeer in nithsdale , ian : : item , the said captain dalzel , and liev : stratoun , with their men , found william adam hiding in a bush , and instantly killed him , at the walwood in kyle , feb : . captain bruce , capt : of dragoons apprehended iames kirko , at the intelligence of one iames wright , carried him to drumfreis , detained him prisoner one night , next day brought him forth to the watersands , and without any process , shot him dead . the dying man desired a little time to make his peace with god ; the captain answered , oftner than once or twice , devil a peace ye get more made up . some gentlewomen coming to beg his life , were hindred by one iohn craik of stewartoun ; the foresaid dalzells d . son was one of them that shot him , tho without command , iune . item , the said captain bruce surprised in the fields , and instantly shot three men in the parish of kirk-patrick in galloway , viz. iohn wallace , edgar , and another , feb. . item . the said captain bruce and his men , took out of his bed thomas mckhaffie , sick of a feaver and shot him instantly , in the paroch of strat●un in carrick , ian. . iames dowglass coronet of dragoons , commanded to shot iohn semple , eslaying to escape out of his window , in the paroch of dellie , anno . kilkerron shot him . item . the said coronet douglass apprehended edward mckcen , and by search finding a flint stone upon him , presently shot him , without any further tryal , feb : . liev. gen. drummond commanded without any process or tryal iohn murchie , and daniel mckilwrick , to be immediatly shot , after they were taken , in the paroch of camonel in carrick , anno , . at the same time , his souldiers did shoot dead alex. lin. captain inglis , and his dragoons pursued and killed iames smith , at the burn of ann in kyle , . peter inglis his son , killed one iohn smith in cunningham , . item . the said peter or patrick inglis killed one iames white , struck off his head with an ax , brought it to newmills , and plaid at the foot ball with it , he killed him at little-black wood , the foresaid year , . item . the said peter inglis shot iohn barrie , with his pass in his hand , in evandale , april , . major balfour , together with captain maitland and their party , apprehended at their work , robert tam , iohn vrie , and tho : cook , and instantly shot them . at pomadee , near glasgow , may , . col. buchan , with the laird of lee , and their men shot iohn smith , in the paroch of lesmahago , feb : . liev : lauder shot to death william shillilaw , at the wood head in the water of air , anno , . liev : nisbet and his party shot to death iohn ferguson , george whiteburn , and patrick gemmil in the parish of finnick , in the said year , . liev. murray , now prisoner in edin . with his party , shot one iohn broun , after quarters given at blackwood in clidsdale , mar. , liev. crichton , now prisoner in edinburgh , did most barbarously after quarters , shoot david steel , in the parish of lesmahego , decem : . the laird of stenhouse , sir kobert laurie of maxueltoun and iohn craik of stewartoun , did instigate and urge coronet bailie his party of dragoons to shot william smith in hill , after he had been prisoner one night ( it was the day of maxueltouns daughters marriage , ) who also refused to let him be buried in the church-yeard . sir iames iohnstoun of westerhall , caused apprehend andrew hislop in the parish of hutton in anandale delivered him up to claverhouse , and never rested untill he got him shot by claverhouse his troupers ; claverhouse would have delayed it , but westerhall was so urgent , that claverhouse was heard say , this mans blood shall be upon westerhall , may . sir robert grierson of lag , having the command of a part of claverhouses troop & strauchans dragoons , surprised io. bell of whiteside , david haliday portioner of mayfield , andrew macrabeit , iames clement , and robert lennox of irlintoun , and barbarously killed them after quarters , without time allowed to pray ; when iohn bell of whiteside begged a little time to pray , lag answered , what devil have you been doing ? have you not prayed enough these many years in the hills ? and so shot him presently in the parish of tongland in galloway , febr. . item , the said laird of lag having alexander mellubie and iohn gordon prisoners , at the miltoun of orr , without any assiise or tryal , caused them to be hanged on a tree at the kirk of irongray , and there left them hanging . item the said laird of lagg , with the earle of anandale , having command of some troups of heretors , pursued another david halyday and george short , and apprehended and shot them , under the cloud of night , in the paroch of wynhame in galloway , anno , . the laird of culyean , for that time captain of a troup of militiae and heretors , killed william mckergur at blairquhan milne , anno , . item the laird of culyean , with the laird of ballochmilne , shott gilbert mcadam , in the paroch of kirkmichel , iuly , . a party of highlanders killed ioseph wilson , david dun , simeon paterson , and other two , near the water of kill , in a moss in kile , anno . the laird of ironkeple commanding a party of highlandmen , killed robert lochart and gabriel thomson , about that time also . likewise , william paterson was shot ot strevin , uncertain by whom , . also iohn mclorgan was killed at drummellians house in the night time not known by whom . iohn reid belonging sometimes to craigies troup , who was this last summer in rebellion in the highlands , did under cloud of night , kill by a shot , one george wood , about years old , without asking one question at him , at tinkhorn hill in kyle , iune . in summ their number amounts to . the chief contrivers and authors of all these slaughters and mischiefs were , they that enacted and subscribed the edicts for them in council , principally the e. of perth chancellour . duke of queensberry , marq. of athol , and particularly the viscount of tarbat , who invented this murdering device , wherein yet he carried so cunningly , that he procured the dispatch of the act to the king , with such suddenness , that he found a way to shift his own subscribing of it . having thus , in a compendious and cursory glance , given this short memorial of our grievances and sufferings under the former governments , with a particular specimen of some instances , discovering some , and but a few of the actors and instruments of these evils ; whom we have specially mentioned , selected out of the copious store of many others of that character that might be specified , not out of a principle of revenge , or humor of reproach , but from a principle of zeal for justice , the honour of the king , and happiness of the kingdom ; we desire ( in the sense of the necessity , and in the hope that the king and parliament will see the expediency of removing the former tools of tyranny from power and trust under this government , and from a capacity of driving their old trade ) that among others a remark may be put upon the abovementioned persons . we shall in the next place condesend upon some of our present grievances , which , instead of the redress of the former , we are of new made to groan under ; whereby our expectation have been in a great measure disappointed , and the comforts of our present quiet and reviving in our bondage ( which yet we desire to be thankful to god for , and to the king as his honoured instrument ) are much imbittered . we are but a poor people , and therefore our grievances are the less regarded : nor were they indeed to be so much respected , if they were peculiar to us , but being of common extent , and grievous to the greatest body of the nation ( tho' a great part are so accustomed , issachar-like to couch under all burdens , in silent and stupid submission , that their grievances are heavier than their groaning ; and others through frequent disappointments are become so heartless in their hopes of redress , that they have given over complaining , except in their private murmurings , or secret mournings before the lord of heaven and earth ) we have the more confidence to speak out what others think , and choose rather ( if it shall come to that ) to suffer once for speaking than to continue languishing under growing grievances for not speaking . for our former grievances we do not plead merit to obtain a redress : yet we take the confidence to say , that as our former sufferings , under the former governments , should have conciliated compassion ; so what we have endeavoured to do in evidencing our zeal for this ; might have had some consideration . we are represented by the viperous curates , and other malignants , who alwayes sought our ruine , as antipods to all mankind , enemies to government , and incapable of orders : but as their order and cause is toto diametro opposite unto the institutions and cause of christ , and it were the interest of all in this hemisphere to have such a generation of viperous reproachers ; and their lying lybells banished to the antipods ; so they must have little witt , and less honesty , who will entertain their reproaches , who are as great rebells to this government , as we avowed our selves to be to the former . our sufferings for declining the yoke of malignant tyranny and popish usurpation are before hinted and generally known ; and all that will be pleased to know , and consider our carriage since the king did first appear in his heroick undertaking , to redeem these nations from , popery add slavery , will be forced to acknowledge we have given as good evidence of our being willing to be subjects to king william , as we gave proof before of our being unwilling to be slaves to king iames. for upon the first report of the prince of orange's expedition we owned his h. quarrel , when as the prelatick faction were in armes to oppose his coming to help us. we prayed openly for the success of his armes , when in all the churches the prayers were for his ruine . we associated our selves to contribute what we could to the promoting of his interest ; and were with the first that declared a desire to engage for him , and under him at our renewing the covenants , when they were associating with and for his enemies . accordingly for that effect , after we had gone to armes , upon the noise of kircudbrights burning , we modelled our selves in companies ; whereby we were in readiness to offer , and had the honour to be admitted to guard and defend the honourable meeting of estates , against all attempts of the d. of gordoun , vicount of dundee , or other enemies . and thereafter understanding the government required the raising of forces , for the defence thereof against the intestine insurrections , and forreign invasions of the late king iames , his complices within or without the land : upon the first occasion , we were the first that offered to furnish a regiment for his majesties service , and accordingly made up the e. of angus's regiment , all in one day , without beat of drum , or expence of levy money ; having first concerted with the liev : colonel clevland such conditions and provisions , as we thought necessary for securing and clearing our conscience , liberty and safety ; that all the officers of the regiment should be such , as in conscience and prudence , might with cordial confidence be submitted unto & followed ; such as had not served the enemy in destroying , nor engaged by oaths and tests , to destroy the cause , now to be sought for and defended ; but that they should be well affected , of approven fidelity , and of a sober conversation . having also declared , that the cause they were called to appear for , was the service of the kings majesty , in the defence of the nation , recoverie and preservation of the protestant religion , and in particular , the work of reformation in scotland , in opposition to popery , prelacy and arbitrary power , in all its branches and steps , until the government of church and state , be brought to their lustre and integrity established in the best and purest times . upon these terms , we offered to compleat two or three more regiments , if it had been accepted . but , before we offered to be souldiers , we had first made an offer to be subjects ; and because we did not look upon our selves as subjects to the late king , who treated us as enemies , we made therefore a voluntary tender of our subjection , in a peculiar petition by our selves ▪ which we purposed to have given in to the meeting of estates at their first sitting down . we shewed it to several honourable members , but by their advice it was delayed , until the meeting prevented the purpose of it , by proclaiming the king and queen . the tenor whereof here follows . to the meeting of estates of the kingdom of scotland . the noblemen , barons and bvrgesses , lawfully called and chosen , now assembled at edinburgh , for establishing the government , restoring and securing the true religion , laws and liberties of the said kingdom . the humble petition of the poor people who have suffered grievous persecution , for their revolt from , and disowning the authority of james the vii , pleading for the devolving the government upon the prince of orange , now king of england . sheweth , that the sad effects of the late arbitrary and tyrannical course of government , which these nations , and we in a special manner have been groaning under these years past ; from which to relieve them , the most serene and illustrious prince of orange was induced by the propitious conduct of a very glorious providence , to undertake this noble and heroick enterprise , and for redressing which , this honourable convention is called and conveened : together with the revived hopes , since his highness auspicious arrival , that all honnest men have begun to conceive and entertain , of getting their grievances freely represented and redressed ; the denyal whereof , these several years , hath been to us , and many others , a grievance very grievous : have necessitate , incited , invited and encouraged us among others ( tho of the meanest figure , and lowest interest in this great affair ; yet , as persons pressed to declare , and oppressed for declaring their consciences , sentiments and resentments of the late abused government ) to take the boldness , now to open our hearts to this great and honourable meeting ; and with all humility , as becomes , to represent to your honours , that , as we conceive , we wanted not right and reason upon consciencious grounds , to decline the illegally extorted , and arbitrarly imposed acknowledgement of our allegiance unto iames the vii . whose authority we could never own , because of his illegal investiture , without taking , or being in capacity to take the oath of coronation ( while addicted to poperie ) contrare to the laws of god and man , because of his advancing the prerogative , unto an illimited and most despotical absolutness , which all were required to obey without reserve ; and because of his arbitrary abusing it , to the undermining and overturning our religion , laws and liberties , and intended introduction of poperie and slaverie , at the opened gap of the prelatical hierarchy , erastian supremacy , and the late vastly extended toleration . and because we could not own it , our sufferings have been very great , known to this and other nations , and we are confident will not now be condemned by any that have espoused the cause , and have been honoured to concur in the enterprise of rescuing these nations from the unsupportable yoke of the late popish domination , upon the same , or equivalent grounds on which we durst not own it : so we prostrate ourselves , yet sorrowing under the smart of our still bleeding wounds , at your honours feet , who have a call , a capacity , and we hope a good mind to cure them ; and offer this our petition , enforced by all the formerly felt , presently seen , and for the future feared effects and efforts of this throne of iniquity , and the mischief thereby framed into law , and practised or projected against all law , by the cry of the blood of our murdered brethren , by the slavery of the banished free born subjects of this realm , by all the miseries that many forefeited , disinhereted , harassed and wasted honest families have been redacted to ( their estates and lives being at the mercy of incensed souldiers ) for adhering unto the ancient covenanted establishments of religion and liberty ; and by all the arguments of justice , necessity and mercy , that ever could conciliate commiseration among men of wisdom , piety and vertue ; humbly beseeching , requesting and craving of your h : now when god hath given you this opportunity to act for his glory , the good of the church and nation , your own honour , and the happiness of posterity , now when this kingdom , the neighbouring , and all other nations of europe , have their eyes upon you , expecting you will acquit your selves like the representatives of a free nation , in redeeming it from slaverie , otherwise ineluctable , following the noble footsteps of your renowned ancestors , and the present precedent and pattern of this honourable convention and parliament now sitting in england ; that you will proceed , without any farther procrastinations ( alwayes , especially now dangerous , when papists , and other malignant enemies are openly attempting to raise a rebellion against the state ) to declare the late iniquous government dissolved , the crown vacant , and iames vii , whom we never have , and resolve with many thousands , never again to owne , to have really forfeited , and rightly to be deprived of all right and title , he could ever pretend thereunto : and to provide , that it may never be in the power of any succeeding governour , for the time to come , to aspire unto or arrive at such a capacity of tyrannizing . moreover since anarchy and tyranny are equally to be detested , and the nation cannot subsist without a righteous governour , and none can have a nearer right , nor fitter qualifications , than his illustrious highness , whom the most high hath signally owned and honoured to be our deliveror from popery end slavery ; we cry and crave that king william , now of england , may be chosen and proclaimed king of scotland , and that the regal authority be devolved upon him , with such necessary provisions , limitations and conditions of compact ; as may give iust and legal securities of the peace and purity of our religion , stability of our laws , priviledges of parliaments , and subjects liberties civil and ecclesiastick , and make our subjection both a clear duty , and a comfortable happiness . and because kings are but men mortal , mutable , and fallible ; particularly , we crave , that he be bound in his royal oath ; not only to govern according to the will and command of god , and ancient , laudible and righteous laws , in the ministration of justice , punishment of iniquities , redressing of just grievances , and preservation of true liberties : but above all , that he and his sucessors , profess persevere in , protect and maintain the true protestant religion , abolish poperie and all false religion , heresie ; idolatrie and superstition , revive the penal lawes against the same , re-establish and redintegrate the ancient covenanted work of reformation of this church , in doctrine , worship , discipline and government , according to the word of god , confession of faith ; covenants national and solemn league ; upon its old foundations , as established from the year . and downward to ; and that he restore and confirme , by his princely sanction , the due priviledges of the church , granted to her by ▪ jesus christ , her only head and supreme , and never assume to himself an erastian supremacy over the church in causes ecclessiastick , or unbounded prerogative , in civils , above law ; but , as the keeper of both tables of the law of god , in a way competent to civil authority , interpose his power , for the ejecting out of the church , the prelats , the main instruments of the church and nations miseries . and from all administration of the power and trust in the state , such malignant enemies as have promoted the ruine thereof : upon these or the like termes , we tender our allegiance to king william , and hope to give more pregnant proof of our loyalty to his majesty , in adverse , as well as prosperous providences , than they have done or can do , who profess implicite subjection to absolute authority , so long only as providence preserves its grandure . may it therefore please your hon. to take the premises into your serious consideration , and put a favourable construction on this our humble and earnest request , which sense of duty , in desire to exoner our conseiences , and in complyance with , and at the solicitation of the cries of many thousands in the nation , moved and craved , we take the confidence to present to your hon. in the hope , that zeal for god and his church , regard to iustice and mercy , care of your own , as well as the countries interest , dutiful love , loyalty and gratitude to king william , and even pity to us , will prevail with your wisdom to grant in with all convenient expedition . and your supplicants shall ever pray &c. from what is above hinted , it may appear , that we are not enemies to government ; but , that as we have had occasion , we have given more evidences of true loyalty , than any of our traducers , and of true zeal to have this government fixed , on such a foundation , as may make it secure and stable , and subjection thereunto to be not only a duty , but a comfort . and with the same inviolable zeal , affection and fidelity , since others will not , we cannot forbear to remonstrare those grievances , that are as well hateful to god , and hurtful to the government , as grievous to us. first , as to the church , tho' all honest subjects have been impatiently expecting the settlement thereof , from the kings declaration , his promises at the acceptance of the crown , and his instructions to d. hamiltoun ; yet , to this day , it is neither settled , nor purged , nor planted , but kept in uncertain suspense what to fear , or what to hope . popery indeed is much suppressed , in a way , wherein much of god , and little of man is to be acknowledged and admired ; yet the ancient laudable laws against papists , seminary priests , sayers and hearers of mass are not revived , reinforced , nor put in execution , while many of these idolaters , and intycers to idolatry , are connived at , past without punishment , and favourably intreated , when some of us have apprehend them , and delivered them into custody . whence they are much encouraged where they cohabite in great numbers ; especially in the sea coast of galloway , where they may open a door and free ingress to the irish , whenever they have a mind to invade ; whereby the country about , is contiunally tormented with fears of their massacres and murdering attempts . we can never be freed from the hazard of the return of popery , so long as papists are so much tolerated , and are bragging of their hopes of getting a toleraration established , suspending and dispensing with the penal statutes against them ; which will defile the land with idolatry , and expose us to the judgement of god. we desire also to be thankful , that poperies eldest daughter , the episcopal hierarehy , or prelacy , hath got such a knock on the head , that it is abolished by law , & its return so far legally precluded , that the removal thereof , being one of the stipulations & artieles of compact with his majesty , at the disposal and acceptance of the crown , it cannot be restored without asignal violation of the regal covenant ; the native consequences whereof , may beforeseen to be so dangerous , that we hope , the kings wisdom and justice , will be proof , against all the insinuations and perswasions of the church of england , to hazard it ; yet it is a very burdensome grievance , that the settlement of the church government , is so long suspended , and the nation kept in suspense , not knowing what shall be settled in stead of prelacy abolished ; whereby the land is left to settle in nothing , but to rest and rott in old crying sins , and new provocations are daylie multiplied without control ; scandals and disorders , to the dishonour of god , reproach of religion , stumbling the weak , hardening the perverse , and offending all are not restrained , but much encouraged , and different factions much fomented ; while church government and discipline ( the only preservative and restaurative medicine for such distempers ) is neither established , nor any rule determined , by which it shall be established , except the inclinations of the people ; which are in themselves very variable , and must be ruled by , and not a rule unto the institutions of iesvs christ : and as they are variable , so they are as various and diverse , as there are numbers of persons or parties , that prefer their own humours and interests to the supreme law , the revealed will of christ : some are for erastianisme ; some for a constant moderatorship ; some for a superintendency ; some perhaps for independency ; some for a toleration of all ; some are for a continuance of the curates ; either without any accommodation with them , and secluding them from a share of the government , but suffering them still to exercise their ministry ; or by an accommodation and coalition with them in the government also ; some again are for the continuance of patronages , how ever it be . we and many thousands are against all these things , as being contrary to the word of god , abjured frequently in our covenants national and solemn leagve ; condemned in the confession of this , and all other best reformed churches ; and in the doleful experience of former times , known to be inlets to many wicked inventions , innovations and corruptions in the church ; and in process of time productive of prelacy again : which , in the lords strength , we , and many thousands , do intend never to submit to , tho for our recusancy , we should suffer the greatest persecution from men. we are for the restauration and re-establishment of this churches ancient covenanted reformation , in its doctrine , worship , discipline and government ( according to the word of god , confession of faith , catechisms larger and shorter , national and solemn covenants and acts of general assemblies ) in all its legall immunities , securities and sanctions , as before the year . these different inclinations , cannot be a rule of government and order , but of ataxie and confusion ; nor can they be determined by a lesbian rule , unconstant and uncertain ; but somewhat , to which all must vail and and submit , and which must claim the last appeal . tho we might , with as great confidence as others , venture the success of our plea for presbyterie , upon the decision of a poll and plurality of votes , providing ( which could not be denied ) none be admitted to vote , but such as are well affected to the government of king william and queen marry . yet we cannot subject the determination of that plea , to any other rule , than he institution of christ ; considering , that either the lord iesvs , who is anointed only king and head of his church , and is faithful in all his house , must not have appointed any government or order thereof at all ( which would exceedingly reflect upon his wisdom and faithfullness and the perfection of his law ) or this government which he hath appointed , must not be arbitrary and ambulatory , indifferently determinable ▪ by the will and inclinations of men , no more than others of his institutions can be . we plead for no government , and for nothing in this of presbyterie , but what we have the lawes of christ in his word , the ancient lawes of the nation , the constitutions of the church , never yet repealed , by any subsequent authority ecclesiastick , and the covenant eengagements of all ranks in the land , of indespensible obligation , for : nor do we plead for any exercise , or extent of this order , further then is necessary for the purging of the church , of every antichristian , or erastian corruption and invention , defection or schism , error or scandal in officers or members impartially ; and for the planting of the church with godly , able and faithful ministers , for the instruction , conviction conversion , edification and consolation of the members thereof . but now , not only is this government not established , but even that of prelacy is not effectually , nor can be abolished , while the many iniquous laws against presbytery , and pressing submission to prelacy are not rescinded ; and while our national and solemn league cevenants for preserving and promoting reformation , are so far forgotten and trampled upon , that the acts antiquating and discharging them to be owned , are not only not abrogated , but so far yet observed , that it is hardly allowed they should be publickly mentioned : while also , the ecclesiastical supremacy , a feather likewise of antichrists wing , and a blasphemous and sacrilegious encroachment upon christs prerogatives , and his kingdoms priviledges , is not revocked , nor declared void , whereby it stands declared by wicked laws , to be the inherent right of the magistrate , to order , dispose , alter or innovate the external government of the church , and to plant , or transplant ministers , and give them instructions , to regulate them in the exercise of their function ; which , if not abolished , will not only optn a door to the introdnction of prelacy or popery again : but if the protestant religion be never so well established , this will in process of time , unhinge all possible settlements thereof . there is nothing more the interest of the church , than to seek that this mountain in the way of its reformation , be removed ; and all acts confirming the same repealed ; and indulgences following therefrom , be declared to be usurpations . another pillar of prelacy , the constant support of it , and stop to reformation , does yet continue , while the burdensome bondage of patronages is not removed ; whereby the church is robbed of the liberty of choosing her own guides intrusted with her greatest concerns , & the great-men have open access implicity to impose , and prey upon , and pester the church with corrupt teachers : but if all these things were rectified , it is impossible the church can ever be settled , or purged , or planted , as long as the episcopal curats , intruded by the prelats collation and patrons presentation , contrare to the institutions of christ , and the constitutions of this reformed church , without the call , and contrare to the inclinations of the people in many places , but every where the bane of the nation , the scandal of the church and the cause of all our confusions , are continued in the churches . how can the church be settled , when those that unsettled it continue in the same capacity to oppose all righteous settlements of reformation ? how can the church be purged , when the greatest corrupters , and the most corrupted members , remain in power ? either they must be looked upon , and subject themselves as members of the presbyterian church , and then discipline cannot but strike against them , in such a measure of severity , as may be some way proportioned to the greatness of their scandal , their obstinacy , impenitency , and continuance in it as long as they could , and the hazard of their leavening the whole lump ; or they must be looked upon as pure and perfect schismaticks , seting up a distinct church , and seperate communion , within a well constitute national church , and as such they ought to be censured and restrained . how can the church be planted , when those plants that the lord never planted , fill so much of his vineyard , and continue in so many paroches , either to sterve them with the hungry husks of ethick homilies and harangues of moral vertues , instead of gospel holiness ( not knowing to preach the mystery of the covenant of grace , or declare the counsel of god , to the conversion of sinners unto christ or so poyson them with points of popery , arminianisme , socinianisme : yet many of them do yet peaceably possess the places they were intruded into ; and others dispossessed , are reponed by force , contrare to the inclinations of the paroch , and notwithstanding their opposition in some places , as for instance in colintown and in peebles , where great insolences were committed , affronting the magistrates , and disturbing the presbyterian meeting , which have been overlooked ; but the least accession to any opposition that was made , hath been severely punished , one francis beatie upon this account being for these many weeks kept in prison , and his petitions for liberty ejected . this hath discouraged many , and opened their mouths to reflect ; that tho this government be as much admited for acts of mercy to rebells , as the former was for cruelty , yet wherever any presbyterian can be apprehended in any fault , he must expect the rigour of severity . we do not justifie illegal tumults , nor do we approve that people should transgress their line and station in endeavours of reformation , when there is a magistrate to be applied unto : but as magistrates ought to interpose their power for extruding , and easing the people of intruders ; so when they abuse it , to the re inforcing of these intrusions , honnest and zealous people can as hardly be restrained from resisting such invasions and impositions against the laws of god and man , as they can be kept from withstanding a violent invader of their property , or intruder on their heritage . for our part , as we thought it a seasonable duty , to take the opportunity of the interregnum , before the settlement of a government that we could subject our selves to , for cleansing the western shiers of these creatures ( which was done with all the discretion that the confusions of that time , and the feared shortness of that opportunity could admitt . and whatever clamour they make of their persecutions , in their late printed account and information to the church of england , stuft with lies , we defy them to give an instance of any hurt done by us to any of their persons or families , or to charge us with one six-pence worth of their goods : if any have , let it be proven and punished ) which , if others in other places had imitated , in that season , with the like discretion , the nation might have been much eased , and the government prevented of a great deal of trouble : so , tho we are not for persecuting them who were our greatest persecuters , nor rendering them any evil for their evil , farther than to restrain them from coming back again to persecute us , and from intruding , where they have no right ; yet we are resolved , through gods assistance , to endeavour by all approven means , to hold them out now when they are out ; and sooner to die , and venture the loss of all things temporal , than to suffer any of them to repossess themselves of the churches , whence they are thrown out ; or any other within our reach , untill after sufficient evidences of their remorse they shall come in at the door of christs appointment . if in this we offend the malignants in the parliament or council , we cannot help it , it is not the first time , nor perhaps the last : but for the noble & honoured patriots among them , who are well affected to the cause of reformation the nations good , and his majesties honour and happiness , we are confident they will construct of our ingenuity in good part ; as flowing from conscience and candor . and we are hopeful his majestie will compassionat us in this matter ; and consider the case , that it is more for his honour and interest ; to have respect to the consciences of so many people , than to the humor and haughtiness of a few debauched lords and gentlemen , who delight in these vexations , and who by custom , as it were , have it for their element to impose upon poor peoples consciences . and we hope his majesty will think upon the redressing of this grievance , of the continuance of these episcopal curates , who took notice of this , as one of the grievances , in his declaration , that he came to relieve the nation from . in the netxt place , as to the state , tho we desire to be more abstract from these administrations that are above our reach ; yet it is obvious and grievous to all that desire the establishment thereof in righteousness and peace , that the settlement of church and state both is retarded and obstructed , by the frequent adjournments of parliaments , in so critical a season when the government is not well settled , the enemies thereof are prevailing , the friends thereof are sore discouraged and devided , and the forces have no maintenance . if ever there 〈◊〉 of parliaments , now it must be when the greatest interests , 〈◊〉 king and people , are in so eminent hazard : and yet it is more grievous , that when they conveen , and have opportunity to act for the good of the nation , the settlement of the church government , and the redress of grievances , the disputes of divided factions , about things of lesser moment , do hinder their establishing of those things , that all agree are absolutely necessary . time might be afterwards spared for many of these debates , with which the present precious opportunity is wasted , and they might with more advantage and facility be adjusted and composed afterwards , if once the establishment of the church , and the security of the nation were provided for , and these things , for which they have his majesties instructions , were settled and enacted : but we fear these differences are much fomented by self-seeking malignant incendiaries , who love to fish in troubled waters , and to pursue their selfish and sinistrous ends of undermining the church , supplanting the king's interest , and betraying the countries liberties , from whom these disorders and grievances have proceeded , which are now desired to be rectified and redressed , and from whose influence all these retardments and disapointments do flow , which the nation so much complains of . for as the open and avowed enemies of the king and country , owning the late king iames his interest ( all consisting either of the popish or prelatical and malignant faction , not so much as one presbyterian being among them ) are very many , insolent and prevalent ; not only in the highlands , but in all the hires of the kingdom ; and no doubt have their active agents , correspondents and abetters in the parliament , council and all the supreme judicatories of the kingdom ; so there are far moe secret undermining enemies , who for the time are not appearing in opposition to the government , that are as great enemies to the king and country , and all righteous interests , as any that do most appear , who are now desiring places , and ingyring themselves into publick trust , not to serve king william , whose advancement to the throne they opposed , with all the power and policy they had ; nor simply to satisfy their insatiable ambition , but to put themselves in better capacity to serve king iames , in retarding all righteous establishments , rending the parliaments , and ruining us all : yea , however some may account it policy , it is not only a grievance , but a sin dishonouring god , and destructive to the nation , and a dangerous politick , threatning hazard to religion and liberty and the government , that many wicked malignants , enemies to reformation , are admitted & imployed in the publick administrations , as officers of state , members of council & parliament , and other judicatories and places of trust ; who not only were our cruel persecuters , and murderers of our bretheren , whose blood cries for vengence against them ; but were the professed and sworn tools of the late tyranny , and instruments of the nations slavery , ministring to king iames , and cooperating with him in all his encroachments upon our religion , laws and liberties , as absolute vassals of his despotical will , under oaths and pensionary obligations to obey without reserve , and to this day , are either evil counsellours to perswade the king to some degrees of arbitrariness , or very disaffected to the government , counsellers to , encouragers of , or connivers at rebellion against it . it had been worthy service to the nation , to have at first exposed these men in their own colours , and represented the danger of trusting them , to the king ; who being much a stranger to men , at his first coming over , might be easily deceived in the choose of such as were to be imployed ; and then it had been easier to keep out , then now to put out of places : but it is never too late to seek to be rid of these that were , and are like to be instruments of our ruine ; whose exclusion from trust and power to play their old tricks , is necessary for the king's interest as well as the kingdoms , which are inseperable . and since the king declared against these evil counsellours ; and on their crimes and mal-administrations , founded the righteousness and necessity of his expedition , neither king nor parliament can justly offend at ; or refuse the nations demands , to be eased of them , nor find it convenient , that the betrayers of our laws , and robbers of our priviledges under the last government , be excluded from all share of administration in this . we have experience of their conduct and administration already , wherein we found nothing but tyranny , rapine and violence , and such justice and law as is discovered above ; and therefore can never beleive while only interest hath made them change their way , that ever they shall administer righteous judgement . and whatever confidence others may have , we cannot be without fears , while we are under the power of our old persecuters . but above all ; it is most offensive to god and all good men , that murderers of innocent people , without and against all law , particularly several of these above named , should not only be connived at , and past without punishment , but encouraged and intertained in favour and trust ; some of them discovered and apprehended as traitors to the present government , are notwithstanding over looked and suffered to escape justice , and liberate upon bale , as major or lieu. col. balfour , and lieu. nisbet ; others of them are members of parliament , as the commissioners for the shire of nithsdale and stewartry of anandale , sir ia. iohnstoun of westerhal , and iohnstoun of corehead , who is notourly known to have of late several times in caballs with iacobines drunk the late king's health . blood is a crying sin , defiling the land , which cannot be cleansed but by the blood of them that shed it . we thirst for the blood of none , nor crave the sheding of any , but of these who are so guilty of blood , that they are condemned to the punishment of murderers , by the law of god and all nations , having shed the blood of war in peace , without all shaddow of law. but as for those that murdered our bretheren , without all process , accusation , trial , conviction , assise or sentence , as is observed in his majesties declaration for scotland , we should not be free of the guilt of their impunity , if we did not seek justice against them . yet we wonder the less at this , that such criminalls as were authorized under the former government , by arbitrary orders , tho without law , to perpetrate their crimes , are not punished , when open avowed traitors , speakers of treason , and rebells against the present government , taken in ovett acts of lese-majestie , discovered in plots and projects , and apprehended in armes against his majestie , are indemnified , connived at , let out of prisons and tolerated , and thereby encouraged and tempted to go on in their conspiracies , and return to the same crimes , when ever they find opportunity ; for they will not ascribe this to his majesties clemency , but to the weakness of the government , that dare not draw its sword of justice . in the former government , there was nothing but severity against those that in the least discented from it : in this there is nothing but mercy to rebels ; both these are extremes . in the third place we cannot but have sad reflections upon the bad success of the war : which we think is not so much to be imputed to the bad conduct of those to whom it is intrusted , as to the wickedness and malignancy of the army , laying them and the land open to the danger of the wrath of god ; while the abominations of swearing , cursing , profaning the sabbath , whoredom , drunkenness , and all debaucheries ( which are severely interdicted by military lawes , if they were put in execution ) and are so abounding among officers and souldiers , that the honest hearted among them , whom only conscience did prompt to engage in the service , are exceedingly discouraged , & all the fearers of god affrighted , to whom the abounding of , and continuance in these sins is a greater terror , than all the numbers of enemies . this is the more to be adverted , that all that acknowledge god , are astonished with his signall and stupendous stroks , so observably wasting many thousands of the english army in ireland , within these few moneths past for these same abominations . but not only are our armies filled with the profane end profligate skum of mankind ; but to the great reproach of the cause , wherein religion is so nearly concerned , to the dishonour of god and offence of all the godly , many malignant enemies to reformation , avowed adversaries and persecuters of truth and godliness , are encouraged , imployed and intrusted for the defence of the interest , which , within this short time , they professedly opposed , and by many dreadful oaths were engaged to suppress . for the old dragoons , the late kings lieveguard and others , after by executing their old masters cruell and arbitrary orders , they had enriched themselves with the spoylls of the oppressed country , and imbrewed their hands in the blood of innocent and righteous people , when they saw the prince of orange like to prevail , forsook their king and crouded into his highness armies : not for love to his cause , which with the greatest keenness they contended against , as long as they could ; but to prevent the just vengance of his victorious armes , then threatened . hence they are yet intertained among the forces , and there tho they have not occasion to exert their fury , as formerly ; yet they cease not to express their malice against us , in boasting that they hope yet to persecute us as much as ever ; and bragging they are , and shall be for prelacy as long as they live , not fearing to impugn the act of parliament against it . it is certainly a land-sin to be witnessed against , as well as a grievance , that such enemies of truth and godliness , should be admitted unto , or continued in power and trust in the army , or imployed and intertained therein . it is dangerous that the royal standart should be a sanctuary to them , whom divine justice will pursue ; and absurd , that the army should be polluted , and in danger to be infected with the contagion of such an unhappy conjunction and unholy association . it were more profitable and promising like , that the tears and cries of the many widows and orphans , whom their bloody sword have beraved of their husbands and parents , might prevail with the justice of the government , to find them out and give them their reward . it were no loss , but a great advantage to the king and countrey both , that the army were throughly purged of those who betray the interest in stead of serving it , and whose carriage declares they are in the interest of the enemy , and were filled up with such as have another principle prompting them to serve , than the prospect of pay , which will make them venture their dearest blood in the cause , with resolution and confidence , when those that are pursued with a guilty conscience are afraid to look death and hell in the face . hereby , as his majesty would be far from all fears of the like treasons and treacheries , in some discovered already ; so all honest men having no other interest or end , but the glory of god , the peace and prosperity of their country , and the honour and happiness of the king , would be exceedingly encouraged and engaged to be zealous and resolute in the service , when they should know they have none to associate with , but such as are of aproven fidelity and good affection to the cause . it is yet the more grievous , that not only so many wicked and treacherous men are intertained in the army ; but men of principle and conscience , who are willing and zealous to serve in the warrs with the utmost fidelity , can find little encouragement ; and some are put out of trust and employment in the army , who had given good proof of their zeal , fidelity and courage , by the malignants procurement , to the end they might be rid of the fears and iealousies they had of their opposing their sinistrous designs : some there are we acknowledge in several regiments and troups , that are men of principle , conscience , courage and honour ; but these labour under very many discouragements , being very much maligned by the rest . particularly , we cannot but complain of the treatment of the e. of angues's regiment , which was sent to dunkeld ( as would seem ) on design by some to be betrayed and destroyed ; for , being there posted alone in the mouth of the highlands , the whole body of canons army marched towards them , the very day they came thither , and within three days gave them a general assault : where that regiment was left in the chock , denuded of the success that my lord cardross brought them , who were recalled ; and denyed the assistance they sought from col. ramsey lying at perth ▪ after which , getting the honor of that victory , by the goodness of god , they were more then ever envyed , by the remaining malice of their old enemies ; who , when they durst do no more to destroy them openly ; & their arts failed them to get them destroyed by the common enemy , sought by all means to break them , or to blast their reputation . finally , the country is much languishing in their jealousies , thinking their sufferings cannot be over , as long as not only the instruments , of their oppression , their persecuters are in so much power : but the laws and acts of parliament , &c. impowering them , & condemning the grounds of former sufferings , are yet standing unrepealed . yea , they complain their sufferings still continue , while forefaultries & fines are not redressed ; while many are impoverished by loss of law suits , and decreets past against them , through their non-appearance in their own defence , in times of hazard ▪ to their persons ; while many widows and orphans of those that lost their lives in fields and scaffolds , and of those that died in banishments , are in great distress , having none to provide for them ; and while many are yet in servitude in forraign plantations , whither they were banished & sold as slaves , who are not yet partakers of this reviving , we have got in our bondage . moreover , as the unrestrained debaucherie and dissoluteness of country people is very grievous , occasioned by the want of church government and discipline ; so the insolence of many gentlemen , professedly jacobins , owning the authority of k ▪ james , drinking his health , and forcing others to it where they are numerous , impugning the present authority , and openly speaking treason , is an intollerable affront to the government : for the honour of which , zeal for our god , loyalty to the king , and love to our country ; observing the deficiency of others that could do it better , we could not forbear to suggest these complaints ; in the hope that such as are not sensible of them , may open their eyes and see their distempers and dangers ; and those that are sensible of them , may be moved to represent them to those that are in authority , to redress and remove them . but whether men will hear , or not hear ; we are confident there is a god that ruleth in jacob , to the ends of the earth , who will hear the cry of the humble , in his own time . finis . notes, typically marginal, from the original text notes for div a -e grievance . grievance . grievance . grievance . grievance . grievance . grievance . grievance . grievance . grieance . grievance . grievance . grievance . grievance . grievance . grievance . grievance . grievance . grievance . grievance . grievance . grievance . grievance . grievance . grievance . grievance . . grievance . grievance . grievance . grievance . grievance . grievance . grievance . grievance . the complaint of time against the tumultuous and rebellious scots sharply inveighing against them (as most justly they deserve) this yeare, . by w.s. saltonstall, wye, fl. - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the complaint of time against the tumultuous and rebellious scots sharply inveighing against them (as most justly they deserve) this yeare, . by w.s. saltonstall, wye, fl. - . [ ] p. printed by b. a[lsop] and t. f[awcet] for richard harper in smithfield, at the bible and harpe, london : . w.s. = wye saltonstall. printers' names from stc. in verse. signatures: a⁴. formerly stc . identified as stc on umi microfilm. reproduction of the original in the folger shakespeare library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng covenanters -- scotland -- early works to . england -- foreign relations -- scotland -- early works to . scotland -- foreign relations -- england -- early works to . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - simon charles sampled and proofread - simon charles text and markup reviewed and edited - pfs batch review (qc) and xml conversion the complaint of time against the tumultuous and rebellious scots . sharpely inveighing against them ( as most justly they deserve ) this yeare , . by w. s. london printed by b. a. and t. f. for richard harper in smithfield , at the bible and harpe . . the grounds and reasons of times complaint against the rebellious scots . this land ( god be thanked ) is blest in the happy government of a most gracious king , against whom in despight of mercy divers aff●onts have lately beene offerd by the rebellions scots , who under pretence of religion would ouerthrow the hierarchy of the church , pulling downe the house of god , and building babels of their owne invention , and man'd with this furious zeale , they have raised great forces , and stand ready armed in the field to resist the head of the church in his dominions our most gracious king charles ; time therefore hearing how these bold attempts under the title of covenanters bad acted many outrages , entrencht vpon the kings soveraigne power , and have hitherto neglected and slighted his royall authority ; therefore in this complaint of time some reasons are laid downe . for the chronicles of this land due witnesse that rebels have beene alwayes overthrowne in their designes , and at last met with a deserved death . thus mortimer who rebelled against king edward the second , and violently tooke away his queene , was afterwards himselfe taken and beheaded . also those rude mechannicke rebels that were led under the conduct of watt tiler , tom miller , and iack strae made a great tumultuous vproare in kent and essex , untill sir william walworth than lord mayor of london did with his dagger stabbe iacke straw in smith-field , whereupon the dagger was set in the armes of london . the rebellion for perkin warbek was soone disanimated , and the imposture discovered , and so likewise iack cade and his associates were soone confounded and overthrowne , and punished according to their deserts . and thus rebellion is like that ignis fatuus or that phantastick apparition of fire , which running under hedges doth affright country-people , but having blazed a while , it is soone dissipated and extinguished . the scots therefore cannot promise to themselves any better fortune than their rebellious predecessours , who were soone scatter'd and confounded , and their leaders received condigne punishment . if therefore any precise humorist that accounts himselfe a transcendant protestant , and a goliah in religion ▪ when indeed he is an hypocriticall puritane , if any such doe thinke the complaint of time against the scots is too satyricall ▪ i would have him know , that the rebellion of the scots as it is haynous in its owne nature , and deserves a sharpe vindication and revenge , so it also hath cast an aspersion vpon time , for both the city and country doe find fault , that it is a very hard , dangerous and doubtfull time. and some in regard of this unnaturall rebellion say , time declines and growes worse , and that many discentions , divisions and rebellions shall happen in the old age of time , unto all which accusations time doth make answere with one old ancient verse ▪ conscia mens recti famae mendacia ridat . the conscience that is cleere from spot or stayne , laughs at the false reports of flying fame . time did not cause the scots rebellious factions , which breaking forth in time , time blames their actions . the complaint of time against the tumultuous and rebellious scots . anno dom. . age now hath silver'd ore the haires of time , and as i am growne old , so i decline in native goodnes , else what frantick moode could make the scots so prodigall of their blood to staine their honour by the imputation of tempting their king to high indignation by being sonnes of tumult and of thunder ? time grieves for them , and shooke with holy wonder admires what genius leades them on to be revolters against sacred majestie , why they had best attempt if they thinke good to prove themselves of the gygantick brood pelion on ossa hurling up againe , so to invade the high olimpian name of love ; for whether wont their boldnesse presse ? vnlesse the just revenger send redresse . time needs not heere from his owne height descend as to make answere to what they pretend in frivolous objections , for what pretence can heaven allow them for their bold offence ? what have they made such a strange scrutiny that none but they have found divinity ? or have they fanci'd to themselves abstractions of angels zeale set forth in divelish actions ? will they allow unto the king of heaven no ceremonies which are duly given vnto his majesty , but will bluntly fall without ceremony to rebellion all , must they needs teare the miter from the head of bishops ; what antipathy is bred within that land which doth on england border that they should seeke equality of disorder ? which alwayes tends to ruine , nature makes in all her workes a resemblance of estates , the peacefull bees have kings , the waspes have none , they onely buzze , and sting , and so are gone ; most perfect creatures have the truest sence of soveraignty and true obedience ; the hierarchy of angels still doe cry all prayse and honour be to god on high whom they obey , and government on earth from heaven had originall and birth . and would the scots thinke by their furious rage . to turne the world into a golden age as in the infancy of time ? yet then saturne did raigne , and was obey'd by men , then iupiter the ancient world sway'd whose soveraignty was generally obey'd ; and time that measures out the workes of nature from the first being of a formed creature to thee not being , was at first created by the king of heaven , and my power is dated and whatsoever is his great decree i must therein obey his majesty . but since the giants warres i was not tooke with greater feare , nor with more horrour strooke then when lowd fame did bring unto my eares the scots attempt ; i drown'd my cheekes with teares and wisht that i my patent might resigne before the world should say that aged time had thus produc'd by the seeds of dissention an armed brood of men sprung from contention that in despight of mercy will proceed to court their ruine , and desire to bleed . is there a plurisie , and an excesse in spirituall matters that must find redresse by such a cruell salve ? or doth the sword more mercy then is vsuall now afford ? and not cut off ill members , will it spare those who in deepe affronts engaged are against their soveraigne ? who did wooe them long by mercy which was powerfull and strong to conquer good minds , but when his grace found that balme of mercy could not cure the wound , then our dread soveraigne mindfull of his cause , went downe against those that did flight his lawes arm'd with his iustice full of powerfull dread for kings have iron hands , though feete of lead . now heaven protect him , time on aged knees prayes that these waspes which scorne the obedient bees though they are gathered into mighty swarmes yet may bee all compell'd by force of arm●s to yeeld their stubborne neckes , let angels drive these waspes away out of the churches hive . who bring no honey , but have often stung their mother with contentions from them sprung . time hath spoke liberally , but now hee 'le stay no correct himselfe , for some perhaps will say that the scots beare an earnest great affection vnto my daughter truth , by whose direction in her defence this furious course they take for love of truth through danger way doth make , but they doe erre herein , for my deere childe and daughter truth 's by nature soft and milde . christ was all truth , yet when hee came to wooe the world to goodnesse , and the way to shew vnto all truth the holy angels then sang peace on earth , and goodwill unto men . can therefore tumult , and the thundring drum speake in a language that may well become the wooers of faire truth ? or else transported doe they imagine truth can thus bee courted ? me thinkes i see the angels hide their faces and blush in angry zeale , for their disgraces no thinke the scots should thinke faire truth to winne from her most just defendor , and her king. me thinkes i see sad truth kneele downe and speake her wrongs against them who her lawes doe breake , shee pleads for mercy and doth plead againe and with her oratory doth enflame the kings most royall brest , then having got his gracious favour , shee tels him the scot with many shewes of holinesse doth wooe her , pretends much inward zealous love unto her but yet doth mocke her with a smooth pretence of love to colour over his offence ; and then shee wishes shee may never know heaven if truth did bid them thus to goe in huddle into armes , for truth sayes shee loves and obeyes your sacred majestie ; and all my precepts say that kings appeare like gods on earth and his vice-regents heere ; then why should they the truth and you abuse and fasten upon truth a false excuse ? no 't is their pollicie that doth extend to use my name to a prodigious end , and with the veyle of truth to hide and shrowd their proud ambition which walkes in a cloud and like a piller of fire guides them on into a wildernesse of rebellion . thus would my daughter truth make her complaint 'gainst the tumultuous scots that doe so vant in crying up her name , when heaven knowes that truth was never tooke with feyned showes . bee dumbe night-ravens then , and doe not croake to piece up the alleageance you have broke with faire pretences , for old time doth know you have entrencht on soveraignty , and doe grow gyants in your opinion , being so given to furious zeale that you would invade heaven , pluck iupiter out of his seate , and all of you would then be gods in generall . and yet they are but shadowes you pretend while in substantiall matters you offend by fallacie joyning god and king together , and yet will shew obedience unto neither ; there you devide the cause by your affection and distinguish of a limited subjection . even nature doth instruct that you should be subject unto the power of majestie , and all the workes of nature seeme to speake hee is a rebell doth alleagiance breake . then trust not to your selves , though you are strong , for heaven will vindicate all rebellion , and truth doth say of old , no warres can bee happie attempted against soveraigntie . how dare you still persist ; time bids pull downe your baffling flags , and on your knees fall downe , and for your colours let your blushing cheeke display them , while you doe for mercy seeke ; if not , then time doth bid you know bold scots , your vrne is turn'd , and fate hath shooke your lots , you have betray'd your selves , up english then and shew your courage against those contemne heaven in their king , o let not his great cause suffer while they 〈◊〉 his power and lawes . finis . a fair warning for england to take heed of the presbyterian government of scotland as being of all others the most injurious to the civil magistrates, most oppressive to the subject, most pernicious to both : as also the sinfulnesse and wickednesse of the covenant to introduce that government upon the church of england / by dr. john brumhall [sic], lord arch-bishop of armagh and primate of all ireland. fair warning to take heed of the scotish discipline bramhall, john, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a fair warning for england to take heed of the presbyterian government of scotland as being of all others the most injurious to the civil magistrates, most oppressive to the subject, most pernicious to both : as also the sinfulnesse and wickednesse of the covenant to introduce that government upon the church of england / by dr. john brumhall [sic], lord arch-bishop of armagh and primate of all ireland. fair warning to take heed of the scotish discipline bramhall, john, - . 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bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng church of scotland -- government. covenanters -- england. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion a fair vvarning , for england to take heed of the presbyterian government of scotland ; as being of all others most injurious to the civil magistrate , most oppressive to the subject , most pernicious to both . also the sinfulnesse and wickednesse of the covenant , to introduce that governement upon the church of england . by dr iohn brumhall lord arch-bishop of armagh , and primate of all ireland . luke . . no man having drank old wine straight-way desireth new , for he saith the old is better . now reprinted for the good and benefit of all his majesties subjects . the contents . chap. i. the occasion and subject of this treatise . pag. chap. ii. that this new discipline doth utterly overthrow the rights of magistrates , to convocate synods , to confirme their acts , to order ecclesiasticall affairs , and reforme the church within their dominions . p. chap. iii. that this discipline robs the magistrate of the last appeale of his subjects . p. chap. iv. that it exempts the ministers from due punishment . p. chap. v. that it ●●bjects the supreme magistrate to their censures , &c. p. chap. vi. that it robs the magistrate of his dispensative power . p. chap. vii . that the disciplinarians cheat the magistrate of his civil power in order to religion . p. ● chap. viii . that the disciplinarians challenge this exorbitant power 〈◊〉 divine right . p. chap. ix . that this discipline makes a monster of the commonwealth . p. chap. x. that this dicipline is most prejudiciall to the parliamen● . p. ● chap. xi . that this discipline is oppressive to particular persons . p. chap. xii . that this discipline is hurtfull to all orders of men . p. chap. xiii . that the covenant to introduce this discipline is void and wicked , with a short conclusion . p. ● a faire warning , to take heed of the presbyterian government , as being of all others most injurious to the civil magistrate , most oppressive to the subject , most pernicious to both . chap. i. the occasion and subject of this treatise . if the disciplinarians in scotland could rest contented to dote upon their own inventions , and magnifie at home that diana which themselves have canonized , i should leave them to the best school-mistris , that is experience , to feel where their shoe wrings them , and to purchase repentance . what have i to do with the regulation of forreign churches to burn mine own fingers with snuffing other mens candles ? let them stand or fall to their own master : it is charity to judge well of others , and piety to look well to our selves . but to see those very men who plead to vehemently against all kinds of tyranny , attempt to obtrude their own dreames not only upon their fellow-subjects , but upon their sovereigne himself , contrary to the dictates of his own conscience , contrary to all laws of god and man , yea to compell forreigne churches to dance af●er their pipe , to worship that counterfeit image which they seign to have fallen down from iupiter , and by force of armes to turne their neighbours out of a possession of above years , to make roome for their trojan horse of ecclesiasticall discipline , ( a practice never justified in the world but either by the turk or by the ●ope ) . this put us upon the defensive part , they must not think that other men are so cowed or grown so tame , as to stand still blowing of their noses , whilst they bridle them and ride them at their pleasure . it is time to let the world see that this discipline which they so much adore , is the very quintessence of refined popery , or a greater tyranny than ever rome brought forth , inconsistent with all forms of civil governement , destructive to all sorts of policy , a ra●k to the conscience , the heaviest pressure that can fall upon a people , and so much more dangerous , because by the specious pretence of divine institution , it takes away the sight , but not the burden of slavery . have patience reader , and i shall discover unto thee more pride and arrogancy through the holes of a thred-bare coat , then was ever found under a cardinals cap or a tripple-crown . all this ▪ i undertake to demonstrate , not by some extraordinary practices justified only by the pretence of invincible necessity , ( a weak patrociny for generall doctrine , ) not by the single opinions of some capricious fellows , but by their books of discipline , by the acts of their generall and provinciall assemblies , but the concurrent votes and writings of their commissioners . i foresee that they will suggest that through their sides i seek to wound forreigne churches . no , there is nothing which i shall convict them of here , but i hope will be disavowed , though not by all protestant auctours , yet by all the protestant churches in the world . but i must take leave to demand of our disciplinarians , who it is they brand with the odious name of erastians , in the acts of their parliaments and assemblies , and in the writings of their commissioners , and reckon them with papists , anabaptists , and independents ; is it those churches , who disarme their presbyteries of the sword of excommunication , which they are not able to weeld ? so did erastus ; or is it those who attribute a much greater power to the christian magistrate , in the managery of ecclesiasticall affairs than themselves ? so did erastus , and so do all protestant churches . the disciplinarians will sooner endure a bishop or a superintendent to govern them , than the civill magistrate . and when the magistrate shall be rightly informed , what a dangerous edg'd tool their discipline is , he will ten times sooner admit of a moderate episcopacy , then fall into the hands of such hucksters . if it were not for this disciplinarian humour , which will admit so latitude in religion , but makes each nicity a fundamental , and every private opinion an article of faith , which prefers particular errours before generall truths . i doubt not but all reformed churches might easily be reconciled . before these unhappy troubles in england , all protestants both lutherans and calvinists did give unto the english church the right hand of fellowship ; the disciplinarians themselves , though they preferred their own church as more pure , ( else they were hard-hearted ) yet they did not , they durst not condemne the church of england , either as defective in any necessary point of christian piety , or redundant in any thing that might virtually or by consequence overthrow the foundation . witnesse that letter which their generall assembly of superintendents , pastors and elders , sent by mr iohn knox to the english bishops , wherein they stile them reverend pastors , fellow-preachers , and joynt opposers of the roman antichrist . they themselves were then far from a party , or from making the calling of bishops to be antichristian . but to leave these velitations and come home to the point . i will shew first how this discipline entrencheth most extreamly upon the right of the civill magistrate , secondly that it is as grievous and intollerable to the subject . chap. ii. that this new discipline doth utterly overthrow the rights of magistrates , to convocate synods , to confirme their acts , to order ecclesiasticall affairs , and reforme the church within their dominions . all princes and states invested with sovereignty of power , do justly challenge to themselves the right of convocating nationall synods of their own subjects , and ratifying their constitution . and although pious princes may tollerate or priviledge the church to convene within their territories annually or triennially , for the exercise of discipline , and execution of constitutions already confirmed , ( neverthelesse we see how wary the synod of dort was in this particular , ) yet he is a magistrate of straw , that will permit the church to convene within his territories , whensoever , wheresoever they list , to convocate before them whomsoever they please , all the nobles , all the subjects of the kingdome , to change the whole ecclesiasticall pollicy of a commonwealth , to alter the ▪ doctrine and religion established , to take away the legall rights and priviledges of the subjects , to erect new tribunals and courts of justice , to which sovereigns themselves must submit , and all this of their own heads , by virtue of a pretended power given them from heaven , contrary to known laws and lawfull customs , the supreame magistrate dissenting and disclaiming . synods ought to be called by the supreame magistrate if he be a christian , &c. and either by himself , or by such as he shall please to choose for that purpose , he ought to preside over them . this power the emperours of old did challenge over generall councels , christian monarchs in the blindnesse of popery over nationall synods , the kings of england over their great councels of old , and their convocation of later times , the estates of the united provinces in the synod of dort , this power neither roman catholick or protestant in france dare deny to his king. none have been more punctuall in this case then the state of geneva , where it is expresly provided , that no synod or presbytery shall alter the ecclesiasticall pollicy , or adde any thing to it , without the consent of the civil magistrate . their elders do not challenge an uncontrolable power as the commissioners of christ , but are still called the commissioners of the signiory . the lesser councel names them with the advise of the ministery , ( their consent is not necessary ) the great councel of . doth approve them or reject them . at the end of the year they are presented to the signiory , who continue them or discharge them as they see cause . at their admission they take an oath , to keep the eccesiasticall ordinances of the civil magistrate . the finall determination of doctrinall differences in religion , ( after conference of , and with the ecclesiasticks , ) is referred to the magistrate . the proclamations published with the sound of trumpet registered in the same book , do plainly shew , that the ordering of all ecclesiasticall affairs , is assumed by the signiory . but in scotland all things are quite contrary , the civil magistrate hath no more to do with the placing or displacing of ecclesiasticall elders , than he hath in the electoral colledge , about the election of an emperour . the king hath no more legislative power in ecclesiasticall causes , than a cobler , that is a single vote in case he be chosen an elder , otherwise none at all . in scotland ecclesiasticall persons make repeal , alter their sanctions every day , without consent of king or councel . king iames proclaimed a parliament to be held at edenburgh , and a little before by his letter required the assembly to abstain from making any innovations in the policy of the church , and from prejudging the decisions of the states by their conclusions , and to suffer all th●ngs to conti●ue in the condition they were untill the approaching parliament . what did they hereupon ? they neglected the kings letter , by their own authority they determined all things positively , questioned the arch-bishop of st andrews upon their own canons , for collating to benefices , and voting in parliament , according to the ●ndoubted laws of the land. yea to that degree of sawcinesse they arrived , and into that contempt they reduced sovereigne power , that twenty presbyters ( no more at the highest , sometimes but thirteen , sometimes but seven or eight ) dared to hold and maintaine a general assembly , ( as they miscalled it , ) after it was discharged by the king , against his authority , an insolence which never any parliament durst yet attempt . by their own authority , long before there was any statute made to that purpose ; they abolished all the festivals of the church , even those which were observed in memory of the birth , circumcision , resurrection , and ascension of our saviour . by their own authority they decreed the abolition of bishops , requiring them to resigne their offices , as not having any calling from gods word , under pain of excommunication . and to des●st from preaching , untill they had a new admission from the generall assembly . and to compleate their own folly , added further , that they would dispose of their possessions as the churches patrimony in the next assembly , which ridiculous ordinance was maintained stifly by the succeeding synods , notwithstanding the statute , that it should be treason to impugn the authority of the three estates , or to procure the innovation or diminution of ●●y of them . which was made on purpose to controll their vain presumption . notwithstanding that themselves had formerly approved , and as much as in them lay established superintendents , to endure for terme of life with their numbers , bounds , salaries , larger than those of other ministers , indewed with episcopall power , to plant churches , ordaine ministers , assign stipends , preside in synods , direct the censures of the church , without whom there was no excommunication . the world is much mistaken concerning episcopacy in scotland : for though the king and parliament were compelled by the clamours and impetuous violence of the presbyters to annex the temporalities of bishops to the crown , yet the function it self was never taken away in scotland , from their first conversion to christianity , untill these unhappy troubles . and these very temporalities were restored by the ad of restitution , and their full power was first established synodically , and afterwards confirmed by the three estates of the kingdome in parliament . by their own authority when they saw they could not prevaile with all their iterated indeavours and attempts to have their book of discipline ratified , they obtruded it upon the church themselves , ordaining that all those who had born , or did then bea●● any office in the church , should subscribe it , under pain of excommunication . by their own authority , or rather by the like unwarrantable boldness they adopted themselves to be heirs of the prelates and and other dignities and orders of the church , suppressed by their tumultuous violence , and decreed that all tythes , rents , lands , oblations , yea whatsoever had been given in former times , a should be given in future times to the service of god , was th● patrimony of the church ; and ought to be collected and distributed by the deacons , as the word of god appoints . that to convert any of this , to their particular or profane use of any perso● , is detestable sacriledge before god. and elsewhere , gentle●●● , barons , earls , lords , and others must be content to live 〈◊〉 their just rents , and suffer the kirk to be restored to her li●erty . what this liberty is , follows in the same place , all things given in hospitality , all rents pertaining to priests , chanteries , colledges , chappetries , frieries of all orders , the sisters of the seens , all which ought to be retained still in the use of the kir● . give them but leave to take their breath and expect the rest . t●● whole reven●es of the temporalities of bishops , deans , and an●deans lands , and all rents pertaining to cathedrall kirks . then supposing an objection , that the possessours had leases and estates , they answer , that those who made them were thieves and murtherers , and had no power to alienate the common good of the kirk . they desire that all such estates may be anulled and avoided , that all collectours appointed by the king or others , may be discharged from intermedling therewith , and the deacons permitted to collect the same : yea to that height of madnesse were th●y come , as to define and determine in their assembly , ( judge whether it be not a modest constitution for a synod . ) that the next parliament the church should be fully restored to its patrimony , and that nothing should be p●st in parliament untill that was first considered and approved . let all estates take notice of these pretensions and designs . if their project have not yet taken eff●ct , it is only because they wanted sufficient strength hitherto to accomplish it . lastly by their own authority , under the specious title of iesus christ , king of kings , and lord of lords , the only monarch of his church , and under pretence of his prerogative royall , they erected their own courts and presbyteries in the most parts of scotland , long before th●y were legally approved or received , as appeareth by their own act , alledging that many suites had been made to the magistrate for approbation of the policy of the kirk , which had not taken that happy effect which good men would crave : and by another act acknowledging that presbyteries were then established ( synodically ) in most parts of the kingdome . and lastly by the act of another generall assem●ly at edenburg , ordaining that the discipline contained in the acts of the generall assembly should be kept , as well in agnus and mernis as in the rest of the kingdome . you see sufficiently in point of practice how the disciplinarians have trampled upon the laws , and justled the civill magistrate out of his supremacy in ecclesiasticall affaires . my next ●ask shall be , to shew that this proceeds not from inanimadvertence or passion , but from their doctrine and principles . first , they teach that no persons , magistrates nor others , have power to vote in their synods , but only ecclesiasticall . secondly , they teach , that ecclesiasticall perso●s have ●he sole power of convening and convocating such assembles , all ecclesiasticall assemblies have power to convene lawfully together , for treating of things concerning the kirk . they have power to appoint times and places . again , nationall assemblies of thi● countrey ought alwayes to be retained in their own liberties , with power to the kirk to appoint times and places . thus they make it a liberty , that is a priviledge of the church , a part of its patrimony , not only to convene , but to convocate , whomsoever , whensoever , wheresoever . thirdly , for point of power , they teach , that synods have the judgement of true and false religion , of doctrine , heresies , &c. the election , admission , suspension , deprivation of ministers , th● determination of all things that pertain to the discipline of the church . the judgement of ecclesiasticall matters , causes ben●ficiary , matrimoniall and others . iurisdiction to proceed to excommunication against those that rob the church of its patrimony . they have legislative power to make rules and constitutions for keeping good order in the kirk . they have power to abr●gate and abolish all statutes and ordinances concerning ecclesiasticall matters , that are found noisome and unprofitable , and agree not with the time , or are abused by the people . and all this without any reclamation , or apellation to any iudge , civill 〈◊〉 ecclesiasticall . fourthly , they teach that they have these priviledges not from the magistrate or people , or particular laws of any other countrey . the magistrate can not execute the censures of the church , nor prescribe any rule how it should be done , but ecclesiasticall power floweth immediately from god , and from the mediatour iesus christ. and yet further , the church cannot be governed by others , than those ministers and stewards set over it by christ , nor otherwise than by his laws . and therefore there is no power on earth that can challenge to it self a command or domini●● upon the church . and again , it is prohibited by the law of god and of christ , for the christian magistrate to invade the government of the church , and consequently to challenge to himself the right of both swords , spirituall and temporall . and if any magistrate do arrogate so much to himself , the church shall have cause to complain and exclaime , that the pope is changed , but the papacy remains . so if kings and magistrates stand in their way , they are political popes , as well as bishops are ecclesiasticall . whatsoever these men do , is in the name of our lord iesus , and by authority delegated from him alone . lastly , they teach that they have all this power , not only without the magistrate , but against the magistrate , that is , although he dissent , and send out his prohibitions to the contrary , parliamentary ratifications can no way alter church canons concerning the worship of god. for eccclesiasticall discipline ought to be exercised , whether it be ratified by the civill-magistrate or not . the want of a civill sanction to the church , is but like lucrum cessans , non damnum emergens . as it addes nothing to it , so it takes nothing away from it . if there be any clashing of jurisdictions , or defect in this kind , they lay the fault at the magistrates doore . it is a great sinne or wickednesse , for the magistrate to hinder the exercise , or execution of ecclesiasticall discipline . now we have seen the pernicious practices of their synods , with the doctrines from which they flow ; it remains to dispel umbrages , wherewith they seek to hide the ugliness of their proceedings and principles from the eyes of the world . we ( say they ) do give the christian magistrate a politicall power to convocate synods , to preside in synods , to ratifie the acts of synods , to reform the church . we make him the keeper of both tables . take nothing and hold it fast , here are good words , but they signifie nothing . trust me whatsoever the disciplinarians do give to the magistrate , it is alwayes with a saving of their own stakes , not giving for his advantage , but their own . for they teach that this power of the christian magistrate is not private and destructive to the power of the church but cumulative , and onely auxiliary or assisting . besides the power which they call abusively authoritative , but is indeed ministeriall , of executing their decrees , and contributing to their settlement , they ascribe to the magistrate concerning the acts of synods that which every private man hath , a judgement of ●iscretion , but they retain to themselves the judgement of iurisdiction . and if he judge not as they would have him , but suspend out of conscience th● influence of his politicall power , where they would have him exercise it , they will either teach him another point of popery , that is an implicite faith , or he may perchance ●eel the weight of their church-censures , and find quickly what manner of men they be , as our late gratious king charles and before him his father , his grandmother , and his great grandmother did all to their cost . then in plain english , what is this politicall power to call synods to preside in synods , and to ratifie synods , which these good men give to the magistrate , and magnifie so much ? i shall tell the truth . it is a duty which the magistrate ows to the kirk , when they think necessary to have a synod convocated , to strengthen their summons by a civill sanction , to secure them in coming to the synod , and returning from the synod , to provide them good accommodation , to protect them from dangers , to defend their rights and priviledges . to compel obstinate persons by civill laws and punishments , to submit to their censures and decrees . what gets the magistrate by all this to himself ? he may put it all in his eye , and see never a whit the worse . for they declare expresly , that neither all the power , nor any part of the power , which synods have to deliberate of , or to define ecclesiasticall things , ( though it be in relation to their own subjects ) doth flow from the magistrate , but because in those things which belong to the outward man , ( mark the reason ) the church stands in need of the help of the magistrate . fair fall a● ingenuous confession , they attribute nothing to the magistrate , but only what may render him able to serve their own turns , and supply their needs . i wish these men would think a little more of the distinction , between habituall and actuall jurisdiction . after a school-master hath his license to teach , yet his actuall jurisdiction doth proceed from the parents of his scholars . and though he enjoy a kind of supremacy among them , he must not think that this extinguisheth , either his own filiall duty , o● theirs . like this power of presiding politically in synods is the other power which they give him of reforming the church , that is when the state of the church is corrupted , but not when it is pure , as they take it for granted , that it is , when the jurisdiction is in their own hands . although godly kings and princes , someti●● by their own authority , when the kirk is corrupted , and all things out of order , place ministers , and restore the true service of the lord , after the example of some godly kings of iud●● , and divers godly emperours and kings also in the light of the new testament ; yet where the ministry of the kirk is once lawfully constituted , and they that are placed , do their office faithfully , all godly princes and magistrates ought to hear and obey their voice , and reverence the majesty of the son of god speaking in them . leave this jugling ; who shall judge , when the church is corrupted ; the magistrates or church-men ? if the magistrates , why not over you , as well as others ? if the church-men , why not others as well as you ? here is nothing to be answered , but to beg the question , that they only are the true church . hear another witnesse , in evill and troublesome times , and in a lapsed state of affairs ; when the order instituted by god in the church , is degenerated to tyranny , to the trampling upon the true religion , and oppressing the professors of it , when nothing is sound , the godly magistrate may do some things , which ordinarily are not lawfull , &c. but ordinarily and of common right , in churches already constituted , if a man flye to the magistrate complaining that he is injured , by the abuse of ecclesiasticall discipline , or if the sentence of the presbyteries displease the magistrate , either in point of discipline or of faith , he must not therefore draw such causes to a civill tribunall , nor introduce a politicall papacy . and as the magistrate hath power in extraordinary causes , when the church is wholly corrupted , to reforme ecclesiasticall abuses ; so if the magistrate shall tyrannize , over the church , it is lawfull to oppose him , by certain wayes and meanes , extraordinarily ; how ever ordinarily not to be allowed . this is plain dealing , the magistrate cannot lawfully reforme them , but in cases extraordinary ; and in cases extraordinary they may lawfully reforme the magistrate , ●y meanes not to be ordin●rily allowed , that is by force of armes , see the principles from whence all our miseries ; and the losse of our gratious master , hath flowed ; and learn to detest them ; they give the magistrate the custody of both tables , so they do give the same to themselves , they keep the second table , by admonishing him ; he keeps the first table by assisting them : they reforme the abuses , of the first table by ordinary right , of the s●cond table extraordinari●y . he reforms the abuses against the second table ; by ordinary right : and the abuses against the first table extraordinarily . but can the magistrate , according to their learning call the sy●od to an account for any thing they do , can he remedy the erto●rs of a synod either in doctrine or discipline ? no , if magistrates had power to change , or diminish , or restraine the rights of the church ; the condition of the church , should be worse , and their liberties less , under a christian magistrate , than und●r an heathen . for ( say they ) parliaments and supreame senates , are no more infallible th●n synods , and in matters of faith and discipline more apt to ●rre ; and again , the magistrate is ●ot judge of spirituall caus●s co●troverted in the church . and if he decree any thing in such businesses ; according to the wisdom of the flesh , and not according to the rule of gods word , and the wisdome which is from above , he must give an account of i● unto god. or may the supreame magistrate oppose the execution of their discipline practised in their presbyteries , or synods , by laws o● prohibitions ? no , it is wickednesse , if he do so farre abuse his authority , good christians must rather suffer extremities , th●● obey him . then what remedy hath the magistrate , if he find himself gri●ved in this case ? he may desire and procure a review in another nationall synod , that the matter may be lawfully determined by ecclesiasticall judgement . yet upon this condition , the notwithstanding the future review , the first sentence of the synod be executed without delay , this is one main branch of popery , and agrosse incrochment , upon the right of the magistrate . chap. iii. that this discipline robs the magistrate of the last appeale of ●i● subjects . the second flows from this . the last appeal ought to be the supreame magistrate , or magistrates , within his or their dominions , as to the highest power under god. and where it is not so ordered , the common-wealth can injoy no tranquility , ●s we shall see in the second part of this discourse . by the laws of england , if any man find himself grieved with the sentence o● consistoriall proceedings of a bishop , or of his officers , he may appeal from the highest judicatory of the church to the king i● chancery , who useth in that case to grant commissions under the great seal , to delegates expert in the laws of the realme , wh● have power to give him remedy , and to see justice done . in scotland this would be taken in great scorn , as an high indignity upon the commissioners of christ , to appeal from his tribunal , to the judgement of a mortal man. in the year . king iames by his letter by his messenger , the master of requests , and by an herald at arms , prohibited the assembly at saint andrews to proceed in the case of one mongomery , and mongomery hims●lf appealed to caesar , or to king and councel . what did our new matters upon this ? they sleighted the kings letter , his messenger , his herald , reject●d the appeal , as made to an incompetent judge , and proceeded most violently in the cause . about four years after this , another synod held at saint andrews , proceeded in like manner against the bishop of that se● , for voting in parliament according to his conscience , and for being suspected to have penned a declaration , published by the king and parliament at the end of the statutes ; notwithstanding that he declined their judicature , and appealed to the king and parliament . when did any bishops dare to doe such acts ? there need no more instances , their book of discipline it s●lf being so full in the case , from the kirk there is no reclamation , or appellation , to any judge civil or ecclesiastical , within the realm . chap. iv. that it exempts the ministers from due punishment . thirdly , if ecclesiastick persons in their pulpits or assemblies , shall leave their text and proper work to turn incendiaries , trumpeters of sedition , stirring up the people to tumults and disloyal attempts in all well-ordered kingdoms and commonwealths , they are punishable by the civil magistrate , whose proper office it is to take cognizance of treason and sedition . it was well said by a king of france to some such seditious sheba's , that if they would not let him alone in their pulpits , he would send them to preach in another climate . in the vnited provinces there want not examples of seditious oratours , who for controlling their magistrates too sawcily in the pulpit , have been turned both out of their churches and cities , without any fear of wresting christs scepter out of his hand . in geneva it self , the correction of ecclesiastical persons ( qua tales , ) is expresly reserved to the signiory . so much our disciplinarians have ou●-done their pattern , as the passionate writings of heady men out-do the calmer decrees of a stayed senate . but the ministers of scotland have exempted themselves in this case from all secular judgement , as king iames ( who knew them best of any man living ) witnesseth . they said , he was an incompetent iudge in such cases , and that matters of the pulpit ought to be exempted from the judgement and correction of princes . they themselves speak plain enough . it is an absurd thing , that sundry of them , ( commissaries ) having no function of the kirk , should be iudges to ministers , and depose them from their rooms . the reason holds as well against magistrates as commissaries . to passe by the sawcy and seditious expressions of mr dury , mr mellvill , mr b●lcanqu●ll , and their impunity . mr iames gibson in his sermon taxed the king for a persecutor , and threatned him with a curse , that he should die childless , and be the last of his race ; for which being convented before the assembly , and not appearing , he was onely suspended during the pleasure of his brethren , ( he should have been suspended indeed , that is hanged . ) but at another assembly , in august following , upon his all●gation , that his not appearing was out of his tender care of the rights of the church , he was purged from his contumacy , without once so much as acquainting his majesty . the case is famous of mr david blake minister of st andrews , who had said in his sermon , that the king had discovered the treachery of his heart , in admitting the popish lords into the countrey . that all kings were the devils barns , that the devil was in the court , and in the guiders of it . and in his prayer for the queen , he used these words , we must pray for her for fashion sake , but we have no cause , she will never do us any good . he said , that the queen of england ( queen elizabeth ) was an atheist , that the lords of the session were miscreants and bribers , that the nobility were degenerated , godless , dissemblers , and enemies to the church , that the councel were holly glasses , cormorants and men of no religion . i appeal to all the estates in europe , what punishment could be severe enough for such audacious virulence ? the english ambassadour complains of it ; blake is cited before the councel . the commissioners of the church plead , that it will be ill taken , to bring ministers in question upon such trifling delations , as inconsistent with the liberties of the church . they conclude , that a declinatour should be used , and a protestation made against those proceedings , saying , it was gods cause , wherein they ought to stand to all haz●rds . accordingly a declinatour was framed and presented . blake desires to be remitted to the presbytery , as his ordinary . the commissioners send the copie of the declinatour to all the presbyteries , requiring them for the greater corroboration of their doings , to subscribe the same , and to commend the cause in hand in their private and publick prayers to god , using their best credit with their flocks for the maintenance thereof . the king justly incensed herewith , dischargeth the commissioners . notwithstanding this injunction , they stay still , and send delegates to the king , to represent the inconveniences that might ensue . the king more desirous to decline their envy , than they his judgement , offers peace . the commissioners refuse it , and present an inso●ent petition , which the king rejects deservedly , and the cause was heard th● very day that the princes elizabeth ( now queen of bohemia ) w●s christened . the witnesses were produced , mr robert ponte in the name of the church makes a pretestation . blake presents a second d●clinatour . the councel decree that the cause being treasonable , is cognoscible before them . the good king still seeks peace , sends messengers , treats , offers to remit : but it is labour in vain . the ministers answer peremptorily by mr robert bruce their prolocutor , that the liberty of christs kingdom had received such a wound , by this usurpation of the rights of the church , that if the lives of mr blake , and twenty others had been taken , it would not have grieved the hearts of good people so much , as these injurious proceedings . the king still woos and conferres . at last the matter is concluded , that the king shall make a declaration in favour of the church , that mr blake shall only make an acknowledgment to the queen , and be pardoned : but mr blake refuseth to confesse any fault , or to acknowledge the king and councel to be any judges of his sermon . hereupon he is convicted and sentenced to be guilty of false and treasonable slanders , and his punishment referred to the king. still the king treats , makes propositions unbeseeming his majesty , once or twice . the ministers reject them , proclaim a fast , raise ● tumult in edenburgh , petition , preferre articles . the king departeth from ●he city , removeth his courts of iustice , the peop●e repent , the ministers persist , and seek to engage the subjects in a covenant for mutual defence . one mr walsh in his sermon tells the people , that the king was possessed with a devil , yea with seven devils ; that the subjects might lawfully rise and take the sword out of his hands . the seditious encouraged from the pulpit , send a letter to the lord hamilton to come and be their general . he nobly refuseth , and sheweth their letter to the king. hereupon the mini●ters are sought for to be apprehended , and flie into england . the tumult is declared to be treason by the estates of the kingdom . i have urged this the more largely ( yet as succinctly as i could ) to let the world see , what dangerous subjects these disciplinarians are , and how inconsistent their principles be , with all orderly societies . chap. v. that it subjects the supreme magistrate to their censures , &c. fourthly , they have not onely exempted themselves in their duties of their own function from the tribunal of the sovereign magistrate or supream senate , but they have subjected him and them ( yea even in the discharge of the sovereign trust ) to their own consistories , even to the highest censure of excommunication , which is like the cutting of a member from the body natural , or the out-lawing of a subject from the body politic● , excommunication ; that very engine , whereby the popes of old advanced themselves above emperours . to discipline must all the estates within this realm be subject ; as w●ll rulers , as they tha● are ruled . and elswhere , all men , as well magistrates , as inferiours , ought to be subject to the judgement of general assembli●● . and yet again , no man that is in the church , ought to be exempted from ecclesiastical censures . what h orrid and pernicious mischiefs do use to attend the excommunication of sovereign magistrates , i leave to every mans memory or imagination . such cours●s make great kings become cyphers , and turn the tenure of ● crown copy-hold , ad voluntatem dominorum . such doctrines might better become some of the roman alexanders , or b●nifaces , or gregorius , or pius quintus , than such great prosessors of humility , such great disclaimers of authority , who have inveighed so bitterly against the bishops for their usurpations . this was never the practice of any orthodox bishop . st ambrose is mistaken , what he did to theodosius was no act of ecclesiastical jurisdiction , but of christian discretion . no , he was better grounded . david said , against thee onely have i sinned , because he was a king. our disciplinarians abhorre the name of authority , but hugge the thing , their profession of humility , is just like that cardinals hanging up of a fishers net in his dining-room , to put him in mind of his discent , but so soon as he was made pope he took it down , saying , the fish was caught now , there was no more need of the net. chap. vi. that it robs the magistrate of his dispensative power . fifthly , all supreame magistrates do assume to themselves a power of pardoning offences and offenders , where they judge it to be expedient . he who believes that the magistrate cannot with a good conscience dispence with the punishment of a penitent malefactour , i wish him no greater censure , than that the penall laws might be duly executed upon him , untill he recant his errour . but our disciplinarians have restrained this dispensative power , in all such crimes as are made capitall by the judiciall law , as in the case of bloud , adultery , blasphemy , &c. in which cases , they say the offender ought to suffer death , as god hath commanded . and , if the life be spared , as it ought not to be to the offenders , &c. and , the magistrate ought to preferre gods expresse commandment before his own corrupt judgement , especially in punishing these crimes which he commandeth to be punished with death . when the then popish earls of angus , huntley , and erroll , were excommunicated by the church , and forfeited for treasonable practices against the king , it is admirable to read with what wisdome , and charity , and sweetnesse his majesty did seek from time to time to reclaime them from their errours , and by their unfeigned conversion to the reformed religion to prevent their punishment . wherein he had the concurrence of two conventions of estates , the one at falkland , the other at dumfermling . and on the other side to see with what bitternesse and radicated malices they were prosecuted by the presbyteries , and their commissioners , sometimes petitioning , that they might have no benefit of law , as being excommunicated , sometimes threatning , that they were resolved to pursue them to the uttermost , though it should be with the loss of all their lives in one day . that if they continued enemies to god and his truth , the countrey should not brook both them and the lords together . sometimes pressing to have their estates confiscated , and their lives taken away . alledging for their ground , that by gods law they had deser●ed death . and when the king urged that the bosom of the church should be ever open to penitent sinners , they answered , that the church could not refuse their satisfaction , if it was truly offered , but the king was obliged to do justice . what do you think of those that roar out , iustice , iustice , now adayes , whether they be not the right spawn of these bloud-suckers , look upon the examples of cain , esau , ishmael , antiochus , antichrist , and tell me , if you ever find such supercilious , cruel , bloud-thirsty persons , to have been pious towards god , but their religion is commonly like themselves , stark naught , cursed be their anger for it was fierce , and their wrath , for it was cruel . these are some of those incroachments which our disciplinarians have made upon the rights of all supreame magistrates , there be sundry others , which especially concerne the kings of great brittain , as the losse of his tenths , first-fruits , and patronages , and which is more than all these , the dependence of his subjects ▪ by all which we see , that they have thrust out the pope indeed , but retained the papacy . the pope as well as they , and they as well as the pope , ( neither barrel better herrings , ) do make kings but half kings , kings of the bodies , not of the souls of their subjects : they allow them some sort of judgement over ecclesiastical persons , in their civill capacities , for it is little ( according to their rules ) which ever is not ecclesiasticall , or may not be reduced to ecclesiasticall . but over ecclesiastick persons , as they are ecclesiasticks , or in ecclesiasticall matters , they ascribe unto them no judgment in the world . they say it cannot stand with the word of god , that no christian prince ever claimed , nor can claime to himself such a power , if the magistrate will be contented to wave his power in ecclesiasticall matters , and over ecclesiasticall persons , ( as they are such , ) and give them leave to do what they list , and say what they list in their pulpits , in their consistories , in their synods , and permit them to rule the whole commonwealth , in order to the advancement of the kingdome of christ. if he will be contented to become a subordinate minister to their assemblies , to see their decrees executed , then it may be they will become his good masters , and permit him to injoy a part of his civill power . when sovereigns are made but accessaries , and inferiours do become principals , when stronger obligations are devised , than those of a subject to his sovereign , it is time for the magistrate to look to himself , these are prognosticks of insuing storms , the avant curriers of seditious tumults . when supremacy lights into strange and obscure hands , it can hardly contain it self within any bounds . before our disciplinarians be well warmed in their ecclesiasticall supremacy , they are beginning , or rather they have already made a good progresse in the invasion of the temporall supremacy also . chap. vii . that the disciplinarians cheat the magistrate of his civill power in order to religion . that is their sixt incroachment upon the magistrate , and the verticall point of jesuitism , consider first how many civil causes they have drawn directly into their consistories , and made them of ecclesiasticall cognisance , as fraud in bargaining , false weights and measures , oppressing one another , &c. and in the case of ministers , bribery , pe●jury , theft , fighting , usury , &c. secondly , consider that all offences whatsoever are made cognoscible in their consistories , in case of scandall , yea even such as are punishable by the civill sword with death : if the civill sword foolishly spare the life of the offender , yet may not the kirk be negligent in their office , which is to excommunicate the wicked . thirdly , they ascribe unto their ministers a liberty and power to direct the magistrate , even in the managerie of civill affairs : to governe the commonwealth , and to establish civill laws is proper to the magistrate : to interpret the word of god , and from thence to shew the magistrate his duty , how he ought to governe the commonwealth , and how he ought to use the sword , is comprehended in the office of the minister , for the holy scripture is profitable to shew what is the best governement of the commonwealth . and again all the duties of the second table as well as the first , between king and subject , parents and children , husbands and wives , masters and servants , &c. are in difficult cases a subject of cognisance and judgement to the assemblies of the kirk . thus they are risen up from a judgment of direction , to a judgement of jurisdiction , and if any perso●s , magistrates or others , dare act contrary to this judgement of the assembly , ( as the parliament and committee of estates did in scotland , in the late expedition ) they make it to be an unlawfu●l ingagement , a sinfu●l war , contrary to the testimonies of gods servants , and decree the parties so offending , to be suspended from the communion , and from their offices in the kirk . i confesse ministers do well to exhort christians to be care●ull , honest , industrious in their speciall callings : but for them to meddle pragmatically with the mysteries of particular trad●s , and much more with the mysteries of state , which never came within the compasse of their shallow capacities , is a most audacious insolence , and an insufferable presumption . they may as well teach the pilot how to steer his course in a tempest , or the physician how to cure the distempers of his patient . but their high●st cheat is that jesuiticall invention , ( in ordi● ad spiritualia , ) they assume a power in worldly affairs indirectly , and in order to the advancement of the kingdome of christ. the ecclesiasticall ministry is conversant spiritually about civill things . again must not duties to god whereof the securing of religion is a main one , have the supreame and first place , duties to the king a subordinate and second place ? the case was this . the parliament levied forces to ●ree their kings out of prison . a meet civill duty . but the commissioners of the assembly declare against it , unlesse the king will first give assurance under hand and seal , by solemne oath , that he will establish the covenant , the presbyterian discipline , &c. in all his dominions , and never indeavour any change thereof , least otherwise his liberty might bring their bygone proceedings about the league and covenant into question , there is their power in ordine ad spiritualia . the parliament will restore to the king his negative voice . a meer civill thing . the commissioners of the church oppose it , because of the gre●t dangers that may thereby come to religion . the parliament name officers and commanders for the army . a meer civil thing . the church will not allow them , because they want such qualifications as gods word requires , that is to say in plain terms , because they were not their confidents . was there ever church challenged such an omnipotence as this ? nothing in this world is so civil or political , wherein they do not interest themselves , in order to the advancement of the kingdom of christ. upon this ground their synod enacted , that no scotish merchants should from thenceforth traffique in any of the dominions of the king of spain , until his majesty had procured from that king some relaxation of the rigour of the inquisition , upon pain of excommunication . as likewise that the munday market at ed●nburgh should be abolished , it seems they thought it ministered some occasion to the breach of the sabba●h . the merchants petitioned the king to maintain the liberty of their trade , he grants their request but could not protect them , for the church prosecuted the poor merchants with their censuers , untill they promised to give over the spanish trade , so soon as they had perfected their accounts , and payed their creditors in those parts . but the shoemakers , who were most interested in the munday markets with their tumults and threatenings comp●lled the ministers to retract , whereupon it became a jest in the city , that the souters could obtain more at the ministers hands than the king. so they may meddle with the spanish trade or munday markets , or any thing in order to religion . upon this ground they assume to themselves a power to ratifie acts of parliament , so the assembly at edenburgh enacted , that the acts made in the parliament at edenburgh the of august , ( without either commission or proxie from their sovereign , ) touching religion , &c. should have the force of a publick law : and that the said parliament , so far as concerned religion , should be maintained by them , &c. and be ratified by the first parialment that should happen to be kept within the realm . see how bo●d they make with kings and parliaments , in order to religion . i cannot omit that famous summons which this assembly sent out , not onely to entreat , but to admonish ●ll persons truly professing the lord jesus within the realm , as well noble-men as barons and those of other estates , to meet and give their personal appearance at edenburgh the of iuly ensui●g , for giving their advice and concurrence in matters then to be proponed , especially for purging the realm of popery , establishing the policy of the church , and restoring the patrimony thereof to the just possessours . assuring such as did absent themselves that they should be esteemed dissimulate professours , unworthy of the fe●lowship of christs flock , who thinks your scotish disciplinarians know not how to ruffle it ? upon this ground they assume a power to abrogate and invalidate laws and acts of parliament , if they seem disadvantagious to the church . church assemblies have power to abrogate and abolish all statutes and ordinances concerning ecclesiastical matters , that are found noysom and unprofitable , and agree not with the times , or are abused by the p●ople . so the acts of parliament ▪ at the very same time that they were proclamed , were protesied against at the market crosse of edenburgh by the ministers , in the name of the ●irk of scotland . and a li●tle before , whatsoever be the treason o● i● pugni●g the authority of parliament , it can be no treason to obey god rather than man. neither did the general assembly of glasgow , &c. commit any treason , when they impugned epis●opacy , and perth-ar●icles , although ratified by acts of parliament , and standing laws then unrepealed . he saith so far true , than we ought rather to obey god than man , that is , to suffer when we cannot act ; but to impugn the authority of a lawfull magistrate , is neither to obey god nor man. god commands us to die innocent rather than live nocent , they teach us rather to live nocent than die innocent . away with these seeds of sedition , these rebllious principles , our master christ hath left us no such warrant , and the unsound practise of an obscure conventicle is no safe patern . the king was surprized at ruthen by a company of lords and other conspirators ; this fact was as plain treason as could be imagined , and so it was declared ; ( i say declared not made ) in parliament . yet an assembly generall ( no man gain saying ) did justify that treason in order to religion as good and acceptable service to god , their soveraign , and native countrey , requiring the ministers in all their churches to commend it to the people , and exhort all men to concurre with the actors , as they tendred the glory of god , the full deliverance of the church , and perfect reformation of the commonwealth , threatning all those who subscribed not to their judgement with excommunication . we see this is not the first time that disciplinarian spectacles have made abominable treason to seem religion , if it serve for the advancement of the good cause . and if were well if they could rest here , or their zeale to advance their ecclesiasticall soveraignty , by force of armes , and effusion of christian blood , would confine it self within the limits o● scotland : no , those bounds are too narrow for their pragmaticall spirits : and for bus●e bishops in other mens diocesses , see the articles of sterling , that the securing and setling religion at home , and promoting the work of reformation abroad , in england and ireland , be referred to the determination of the general assembly ( of the kirk ) or their commissioners . what , is old edenburgh turned new rome , and the old presbyters young cardinals , and their consistory a conclave , and their committees a juncto for propagating the faith ? themselves stand most in need of reformation ; if there be a mote in the eye of our church , there is a beam in theirs . neither want we at home god be praised , those who are a thousand times fitter for learning , for piety , for discretion , to be reformers , then a few giddy innovators . this i am sure , since they undertook our cure against our wills , they have made many fat church-yards in england . nothing is more civill , or essentiall to the crowne , then the militia , or power of raising armes : yet we have seen in the attempt at ruthen , in their letter to the lord hamilton , in their sermons , what is their opinion . they insinuate as much in their theorems , it is lawfull to resist the magistrate by certain extraordinary wayes or meanes , not to be ordinarily allowed . it were no difficult task out of their private authors , to justifie the barbarous acts that have been committed in england . but i shall hold my selfe to their publike actions and records . a mutinous company of citizens forced the gates of halyrood-house , to search for a priest , and plunder at their plrasure . m. knox was charged by the councell to have bin the author of the sedition ; and further , to have convocated his m●jesties subjects by letters missiv● when he pleased . he answered , that he was no preache● of rebellion , but taught people to obey their princes in the lord ; [ i se●● he t●ught them likewise , that he and they were the compet●nt judges what is obedience in the lord. ] he confessed his convocating of the subjects by vertue of a command form the church , to advertise the brethren when he saw a ●ecessity of their meeting , especially if he perceived religion to be in peril . take another instance , the assembly having received an answer from the king , about the tryall of the popish lords ; not to their contentment , resolve all to convéne in armes at the place appointed for the tryall ; whereupon some were left at edinburgh to give timely advertisement to the rest . the king at his return gets notice of it , calls the ministers before him , shewes them what an undutifull part it was in them to levy forces , and draw his subjects into armes without his warrant . the ministers pleaded , that it was the cause of god , in defence whereof they could not be deficient . this is the presbyterian wont , to subject all causes and persons to their consistories , to ratifie and abolish civill lawes , to confirm and pull down parliaments , to levy forces , to invade other kingdoms , to do any thing respectively to the advancement of the good cause , and in order to religion . chap. viii . that the disciplinarians challenge this exorbitant power by divine right . behold both swords spirituall and temporall in the hands of the presbytery , the one ordinarily by common right , the other extraordinarily ; the one belonging directly to the church , the other indirectly ; the one of the kingdom of christ , the other for his kingdom , in order to the propagation of religion . see how these hoc as pocases with stripping up their sleeves and professions of plain-dealing , with declaiming against the tyranny of prelates , under the pretense of humility and ministeriall duty , have wrested the scepter out of the hand of majesty , and jugled themselves into as absolute a papacy , as ever was within the walls of rome . o saviour , behold thy vicars , and see whither the pride of the servants of thy servants is ascended . now their consistories are become the tribunalls of christ. that were strange indeed i christ hath bet one tribunall , his kingdome is not of this world . their determinations passe for the santence of christ. alas there is too much fiction , and passion , and ignorance in their presbyteries . their synodall acts go for the lawes of christ. his lawes are immutable , mortall man may not persume to alter them , or to adde to them ; but these men are chopping and changing their constitutions every day . their elders must be looked upon as the commissioners of christ. it is impossible ! geneva was the first city where this discipline was hatched ; though since it hath lighted into hucksters hands . in those dayes they magnified the platform of geneva , for the pattern she●ed in the mount . but there , the presbyters at their admission take an oath , to observe the ecclesiasticall ordinances of the small , great , and generall councels of th●t city . can any man be so stupid , as to think , that the high commissioners of christ swear fealty to the burgers of geneva ? now forsooth their discipline is become the scepter of christ , the eternall gospel . ( see how successe exalts mens desires and demands . ) in good time , where did this scepter lye hid for yeers , that we cannot finde the least footsteps of it in the meanest village of christendom ? this world drawes towards an end ; was this discipline fitted and contrived for the world to come ? or how should it be the eternal gospel ? when every man sees how different it is from it self , in all presbyterian churches , adapted and accommodated to the civill policy of each particular place where it is admitted , except only scotland , where it comes in like a conqueror , and makes the civill power stoop and strike top saile to it . certainly , if it be the gospel , it is the fifth gospel , for it hath no kindred with the other foure . there is not a text which they wrest against episcopacy , but the independants may with as much colour of reason , and truth , urge it against their presbyteries . where doth the gospel distinguish between temporary and perpetuall rulers ? between the government of a person , and of a corporation ? there is not a text which they produce for their presbytery , but may with much more reason be alledged for episcopacy , and more agreeable to the analogie of faith , to the perpe●uall practice and belif of the catholick church , to the concurrent expositions of all interpreters , and to the other texts of holy scrip●u●e ; for untill this new modell was yesterday devised , none of those texts were ever so understood . when the practise ushers in the doctrine , it is very suspicious , or rather evident , that the scripture was not the rule of their reformation , but their subsequent excuse . this ( jure devino ) is that which makes their sore incurable , themselves incorrigible , that they father their own brat upon god almighty , and make this mushrome which sprung but up the other night , to be of heavenly d●scent . it is just like the doctrine of the pop●s infallibility , which shu●s the door against all hope of remedy . how should they be brought to reform their errors , who bel●eve they cannot erre , or they be brought to renounce their drowsy dreams , who take it for granted , that they are divine revelations ! and yet when that wise prince , king iames , a little before the nationall assembly at perth , published in print articles or questions , concerning the uncertainty of this discipline , and the vanity of their pretended plea of divine right , and concerning the errours and abuses crept into it , for the better preperation of all men to the ensuing synod , that ministers might study the point beforehand , and speak to the purpose ; they who stood effected to that way were extremely perplexed . to give a particular account , they knew well it was impossible ; but their chifest trouble was , that their foundation of divine right , which they had given out all this while to be a solid rock , should come now to be questioned for a shaking quagmire . and so without any opposition they yeelded the bucklers . thus it continued untill these unhappy troubles , when they started aside again like broken bowes . this plant thrives better in the midst of tumults , then in the times of peace and tranquillity . the elme which supports it , is a factio●● multitude , but a prudent and couragious magistrate nips it i● the bud . chap. ix . that this discipline makes a monster of the commonwealth , we have seen how pernicious this discipline ( as it is maintained in scotland , and endeavoured to be introduced into england by the covenant , ) is to the supreme magistrate , how it robs him of his supremacy in ecclesiasticall affaires , and of the last appeals of his own subjects , that it exempts the presbyters from the power of the magistrate , and subjects the magistrate to the presbyters , that it restraines his dispensative power of pardoning , deprives him of the dependance of his subjects , that it doth challenge and usurp a power paramount both of the word and of the sword , both of peace and war , over all courts and estates , over all laws civill and ecclesiasticall , in order to the advencement of the kingdom of christ , wherof the presbyters alone are consti●●ted rulers by god , and all this by a pretended divine right , which takes away all hope of remedy , untill it be hissed out of the world ; in a word , that it is the top-branch of popery , a greater tyranny , then ever rome was guilty of . it remains to show how disadvantagious it is also to the subject . first , to the common-wealth in generall , which it makes a monster , like an amphishbaina , or a serpent wi●h two heads , one at either end . it makes a coordination of soveraignty in the same society , two supermes in the same kingdom or state , the one civill , the other ecclesiasticall , then which nothing can be more pernicious , either to the consciences , or the estates of subjects , when it falls out ( as it often doth ) that from these two heads issue contrary commands , if the trumpet give an uncertain sound , who shall prepare himself to the battel ? much more when there are two trumpets , and the one sounds an alarm , the other a retreat . what should the poor souldier do in such a case ? or the poor subject in the other case ? if he obey the civill magistrate ; he is sure to be excommunicated by the church ; if he obey the church , he is sure to be imprisoned by the civill magistrate ; what shall become of him ? i know no remedy , but according to solomons sentence , the living subject must be divided into two , and the one half given to the one , and the other half to the other . for the oracle of truth hath said , that one man cannot serve two masters . but in scotland every man must serve two masters , and ( which is worse ) many times disagreeing masters . at the same time the civill magistrate hath command●d the feast of the nativity of our saviour to be observed , and the church hath forbidden it . at the same time the king hath summoned the bishops to sit and vote in parliament , and the church hath forbidden them . in the year . monsieur-le-mot , a knight of the order of the holy ghost , with an associate , were sent ambassadours from france into scotland . the ministers of edenburgh approving not his message , ( though meerly civill , ) inveigh in their pulpits bitterly against him , calling his white crosse the badge of antichrist , and himself the ambassadour of a murtherer . the king was ashamed , but did not know how to help it ; the ambassadours were discontented , and desired to be gone : the king willing to preserve the ancient amity between the two crownes , and to dismisse the ambassadours with content , requires the magistrates of edenburgh to feast them at their departure ; so they did ; but to hinder this feast , upon the sunday preceding , the ministers proclame a ●ast to be kept the same day the feast was appointed ; and to detaine the people all day at church ; the three preachers make three sermons , one after another without intermission , thundring out curses against the magistrates aud noblemen which waited upon the ambassadors by the kings appointment . neither stayed they here , but pursued the magistrates with the censures of the church , for not observing the fast by them proclaimed ; and with much difficulty were wrought to abstaine from excommunicating of them ; which censure , how heavy it falls in scotland , you shall see by and by . to come yet neerer , the late parliament in scotland injoyned men to take up armes for delivery of their king out of prison ; the commissioners for the assembly disallowed it ; and at this present how many are chased out of their country ? how many are put to publike repentance in sackcloth ? how many are excommunicated , for being obedient to the supreme judicatory of the kingdom , that is , king and parliament ? miserable is the condition of that people where there is such clashing and interfereing of supreme judicatories and authorities . if they shall pretend that this was no free parliament : first , they affirm that which is not true ; either that parliament was free , or what will become of the rest ? secondly , this plea will advantage them nothing ; for ( which is all one with the former ) thus they make themselves judges of the validity o● invaidity of parliaments . chap. x. that this dicipline is most prejudiciall to the parliament . from the essentiall body of the kingdom we are to proceed to the representative body , which is the parliament . we have already seen , how it attributes a power to nationall synods to restrain parliaments , and to abrogate their acts , if they shall judge them prejudiciall to the church . we need no other instance , to shew what small account presbyteries do make of parliaments , then the late parliament in scotland . not withstanding that the parliament had declared their resolution to levy forces vigorously , and that the● did expect as well from the synods and presbyteries , as from all other his majecties good sujects , a ready obedience to the commands of parliament , and committee of estates . the commissioners of the assembly not satisfied herewith , do not onely make their proposalls , that the grounds of the warre and the breaches of the peace might be cleared , that the union of the kingdomes might be preserved , that the popish and prelaticall party might be suppressed , that his majesties offers concerning religion might be declared unsatisfactory , that before his majesties restitution to the exercise of his royall power , he shall first engage , himself by solemn oath under his hand and seal , to passe acts for the settlement of the covenant and presbyterian government in all his dominions , &c. and never to oppos● them , or endeavour the change of them , ( an usurer will trust a bankrupt upon easier tearms , then they will do their soveraign , ) and lastly , that such persons onely might be intrusted , as had given them no cause of jealousie , ( which had been too much , and more then any astates in europe will take in good part from half a dozen ministers . ) but afterwards by their publick declaration to the whole kirk and kingdom , set forth that not being satisfied in these particulars , they do plainly dissent and disagree , and declare that they are clearly perswaded in their consciences , that the engagement is of dangerous consequence to true religion , prejudiciall to the liberty of the kirk , favourable to the malignant party , inconsistent with the union of the kingdom ; contrary to the word of god and the covenant , wherefore they cannot allow either ministers or any other whatsoever to concurre and cooperate in it , and trust that they will keep themselves free in this businesse , and choose affliction rather then iniquitie . and to say the truth , they made their word good . for by their power over the church-men , and by their influence upon the people , and by threatening all those who engaged in that action with the censures of the church , they retarded the levies , they deterred all preachers from accompanying the army to do divine offices . and when saint peters keyes would not serve the turn , they made use of saint pauls sword , and gathered the countrey together in arms at machleene-moore to oppose the expedition . so if the high court of parliament will set up persbytery , they must resolve to introduce an higher court then themselves , which will overtop them for eminency of authority , for extent of power , and greatnesse of priviledges , that is , a nationall synod . first for authority , the one being acknowledged to be but an humain convention , the other affirmed confidently to be a divine institution . the one sitting by vertue of the kings writ , the other by vertue of gods writ . the one as councellers of the prince , the other as ambassadours and vicars of the sonne of god. the one as burgesses of corporations , the other as commissioners of jesus christ. the one judging by the law of the land , the other by the holy scriptures . the one taking care for this temporall life , the other for eternall life . secondly for power , as curtius saith , ubi multitudo vana religione capta ●st , melius vatibus s●uis quam ducibus paret , where the multitude is led with superstition , they do more readily obey their prophets then their magistrates . have they not reason ? pardon us o magistrate , thou threatenst us with prison , they threaten us with hell fire . thy sentence deprives us of civill protection , and the benefit of the law , so doth theirs indirectly , and withall makes us strangers to the common-wealth of israel . thou canst outlaw us , or horn us , and confiscate our estates , their keyes do the same also by consequence , and moreover deprive us of the prayers of the church , and the comfortable use of the blessed sacrament . thou canst deliver us to a pursevant , or commit us to the black rod , they can deliver us over to sathan , and commit us to the prince of darknesse . thirdly for priviledges , the priviledges of parliament extend not to treason , felony , or breach of peace , but they may talke treaso● , and act treason in their pulpits and synods without controlment . they may securely commit not onely petilar●iny but burglary , and force the dores of the pallace royall . they may not onely break the peace , but convocate the subjects in armes , yea give warrant to a particular person , to conveen them by his letters missives , according to his discretion , in order to religion . of all which we have seen instances in this discourse . the priviledges of parliaments are the graces and concessions of man , and may be taken away by humane authority , but the priviledges of synods they say are from god , and cannot without sacriledge be taken away by mortall man. the two houses of parliament cannot name commissioners to sit in the intervalls , and take care ne quid detrimenti capi at res● publica , that the common-wealth receive no prejudice ; but synods have power to name vicars generall , or commissioners , to sit in the intervalls of synods , and take order that neither king nor parliament nor people do incroach upon the liberties of the church . if there be any thing to do , they are ( like the fox in aesops fables , ) sure to be in at one end of it . chap. xi . that this discipline is oppressive to particular persons . towards particular persons this discipline is too full of rigour ▪ like dracos lawes that were written in blood . first in lesser faults , inflicting church censures upon slight grounds , as for an uncomely gesture , for a vain word , for suspition of covetousnesse or pride , for superfluity in raiment , either for cost or fashon , for keeping a table above a mans calling or means , for dancing at a wedding , or of servants in the streets , for wearing a mans hair ala mode , for not paying of debts , for using the least recreation upon the sabbath , though void of scandall , and consistent with the duties of the day . i wish they were acquainted with the practise of all other protestant countries . but if they did but see one of those kirmess●s which are observed in some places , the pulpit , the consistory , the whole kingdom would not be able to hold them . what dig●adiations have there been among some of their sect about starch and cuffes , &c. just like those grave debates which were sometimes among the franciscans , about the colour and fashion of their gowns ? they do not allow men a latitude of discre●ion in any thing . all men , even their superiours must be their slaves or pupils . it is true they begin their censures with admonition , and if a man will confesse himself a delinquent , be sorry for giving the presbyters any offence , and conform himself in his hair , apparrell , diet , every thing , to what these rough hewen cato's shall prescribe , he may escape the stool of repentance , otherwise they will proceed against him for contumacy , to excommunication . secondly this discipline is oppressive in greater faults . the same man is punished twice for the same crime , first by the magistrate according to the lawes of god and the land , for the offence : then by the censures of the church for the scandall . to this agrees their synod , nothing forbids the same fault in the same man to be punished one way by the politicall power , another way by the ecclesiasticall ; by that under the formallity of a crime with corporall or pecu●iary punishment , by this under the formallity of scandall with spirituall censures . and their book of discipline , if the civill sword foolishly spare the life of the offender , yet may not the kirk be negligent in their office . thus their liturgy in expresse termes , all crimes which by the law of god deserve death , deserve also excommunication , yea though an offender abide an assise , and be absolved by the same , yet may the church injoyn him publick satisfacti●● , or if the magistrate shall not think fit in his judgement , or cannot in conscience prosecute the party upon the churches intimation , the church may admonish the magistrate publickly . and if to remedy be found , excommunicate the offender , first for his crime , and then for being suspected to have corrupted the judge . observe first that by hook or crook they will bring all crimes whatever great and small , within their jurisdiction . secondly observe that a delinquents triall for his life is no sufficient satisfaction to these third cato's . lastly , observe that to satisfie their own humor , they care not how they blemish publickly the reputation of the magistrate upon frivolous conjectures . thirdly , adde to this which hath been said , the severity and extreame rigour of their excommunication , after which sentence no person ( his wife and family onely excepted ) may have any kinde of conversation with him that is excommunicated , they may not eate with him , nor drink with him , nor buy with him , nor sell with him , they may not salute him , nor speak to him , [ except it be by the license of the presbytery , ] his children begotte● and born after that sentence , and before his reconciliation to the church , may not be amitted to baptisme , untill they be of age to require it , or the mother or some speciall frind being a member of the church present the childe , obhorring and damning the iniquity and obstinate contempt of the father . adde further that upon this sentence letters of horning ( as they use to call them in scotland ) do follow of course , that is an outlawing of the praty , a confiscation of his goods , a putting him out of the kings protection , so as any man may kil● him , and be unpunished ; yea , the party excommunicate is not so much as cited to hear th●se fatall letters granted . had not david reason to pray , let me fall into the hands of the lord , not into the hands of men , for their mercies are cruell . cruill indeed , that when a man is prosecuted for his life , prehaps justly , prehaps , unjustly , so as appearing and hanging are to him in effect the same thing ; yet if he appear not , this pitifull church will excommunicate him for contumacy : whether the offender be convict in judgement , or be fugitive from the law , the church ought to proceed to the sentence of excommunication ; as if the just and evident fear of death did not purge away contumacy . chap. xii . that this discipline is hurtfull to all orders of men . lastly , this discipline is burthensome and disanvantagious to all orders of men . the nobility and gentry must expect to follow the fortune of their prince . vpon the abatement of , monarchy in rome , remember what dismall controversies did presently spring up between the patricii and plebei . they shall be subjected to the censures of a raw heady novice , and a few ignorant artificers ; they shall lose all their advowsons of such benefices as have cure of soules , as they have lately found in scotland , for every congregation ought to choose their own pastour . they shall hazard their appropriations and abby-lands : a sacrilege which their nationall synod cannot in conscience tolerate , longer than they have strength sufficient to overthrow it . and if they proceed as they begin , the presbyters will in a short time either accomplish their designe , or change their soyle . they shall be bearded and maited by every ordinary prisbyter , witnesse that insolent speech of m. robert bruce to king iames , sir , i see your resolution is to take huntley in favour ; if you doe , i will oppose ; you shall choose whether you will lose huntley or me ; for us both you cannot keep . it is nothing with them for a pedant to put himselfe into the ballance with one of the prime and most powerfull peers of the realme . the poor orthodox clergy in the meane time shall be undone , their straw shall be taken from them , and the number of their bricks be doubled : they shall lose the comfortable assurance of an undoubted succession by episcopall ordination , and put it to a dangerous question , whether they be within the pale of the church : they shall be reduced to ignorance , contempt , and beggery ; they shall lose an ancient liturgy , ( warranted in the most parts of it by all , in all parts of it , by the most publick formes of the protestant churches , whereof a short time may produce a parallel to the view of the world , ) and be enjoyned to prate and pray non-sence everlastingly . for howsoever formerly they have had a liturgy of their own , as all other christian churches have at this day ; yet now it seems they allow no prayers , but extemporary . so saith the information from scotland , it is not lawfull for a man to tye hims●lf , or be tyed by others , to a perscript form of words in prayer and exhortation . parents shall lose the free disposition of their own children in marriage if the childe desire an husband or a wife , and the parent gainstand their request , and have no other cause than the common of men have , to wit lack of goods , or because the other party is not of birth high enough , upon the childes desire , the minister is to travail with the parents , and if he finde no just cause to the contrary , may admit them to marriage . for the work of god ought not to be hindered by the corrupt affections of worldly men . they who have stripped the father of their countrey of his just right , may make bold with fathers of families , and will not stick to exclude all other fathers , but themselves out of the fifth commandement . the doctrine is very high , but their practise is yet much more high , the presbyteries will compell the wronged parent to give that childe as great a portion as any of his other children . it will be ill newes to the lawyers to have the moulter taken away from their mills upon pretence of scandall , or in order to religion , to have their sentences repealed by a synod of presbyters , and to receive more prohibitions from ecclesiasticall courts , than ever they sent thither . all masters and mistresses of families , of what age or condition soever , must come once a year before the presbyter , with their housholds , to be examined personally whether they be fit to receive the sacrament , in respect of their knowledge , and otherwise . and if they suffer their children or servants to continue in wilfull ignorance ( what if they cannot help it ? ) they must be excommunicated . it is probable , the persons catechised could often better instruct their catechists . the common people shall have an high-commission in every parish , and groan under the arbitrary decrees of ignorant unexperienced governours , who know no law but their own wills , who observe no order but what they list ; from whom lyes no appeale but to a synod , which for the shortnesse of its continuance can afford , which for the condition of the persons will afford them little relif . if there arise a private jar between the parent and the child , or the husband and the wife , these domesticall judges must know it , and censure it . scire volunt secreta domus , atque inde timeri and if there have been any suit or difference between the pastor and any of his flock , or between neighbour and neighbour , be sure it will not be forgotten in the sentence . the practice of our law hath been , that a judge was rarely permitted to ride a circuit in his owne countrey , least private interest or respects might make him partiall . yet a country is much larger than a parish , and a grave learned judge is presumed to have more temper than such homebred fellowes . thus we see what a pandoras box this pretended holy discipline is , full of manifold mischiefes , and to all orders of men most pernicious . chap. xiii . that the covenant to introduce this discipline is void and wicked , with a short conclusion . but yet the conscience of an oath sticks deep . some will plead , that they have made a covenant with god , for the introduction of this disciplne . oaths and vowes ought to be made with great judgement and broken with greater . my next task therefore must be to demonstrate this clearly , that this covenant is not binding , but meerly void , and not onely void but wicked ; so as it is necessary to break it , and impious to observe it . the first thing that cracks the credit of this new covenant is , that it was devised by strangers , to the dishonour of our nation , imposed by subjects , who wanted requisite power upon their sovaraign and fellow-subjects , extorted by just feare of unjust sufferings . so as i may truly say of many who took this covenant , that they sinned in pronouncing the words with their lips , but never consented with their hearts to make any vow to god. again , errour and deceite make those things voluntary to which they are incident , espcially when the errour is not meerly negative by way of conce●lement of truth , when a man knowes not what he doth , but positive , when he beleeves he doth one thing , and doth the clean contray , and that not about some inconsiderable accidents , but about the substantiall conditions . as if a physitian , either out of ignorance or malice , should give his patient a deadly poyson under the name of a cordiall , and bind him by a solemn oath to take it , the oath is void , necessary to be broken , unlawfull to be k●pt ; if the patient had known the truth , that it was no cordiall , that it was poyson , he would not have sworn to take it : such an errour there is in the covenant with a witnesse , to gull men with a strange , unknown , lately devised platforme of discipline , most pernicious to the king and kingdome , as if it were the very institution of christ , of high advantage to the king and kingdome , to gull them with that covenant which king iames did sometimes take , as if that and this were all one , whereas that covenant issued out by the kings authority , this covenant without his authority , against his authority ; that covenant was for the lawes of the realm , this is against the lawes of the realm ; that was to maintain the religion established , this to overthrow the religion established : but because i will not ground my discourse upon any thing that is disputable , either in matter of right , or fact ; and in truth , because i have no need of them , i forgive them these advantages , onely with this gentle memento , that when other forraign churches , and the church of soctland it selfe ( as appeares by their publike liturgy used in those dayes ) did sue for aid and assistance from the crown and kingdom of england , they did not go about to obtrude their owne discipline upon them , but left them free to choose for themselves . the grounds which follow are demonstrative ; first , no man can dispose that by vow , or otherwise , either to god or man , which is the right of a third person without his consent : neither can the inferiour oblige himself to the prejudice of his superiour , contrary to his duty , without his superiours allowance : god accepts no such pretences , to seem obsequious to him , out of the undoubted right of another person . now the power of armes , and the defence of the lawes , and portection of the subjects by those armes , is by the law of england clearly invested in the crowne . and where the king is bound in conscience to protect , the subject is bound in conscience to assist . therefore every english subject owes his armes and his obedience to his king , and cannot dispose them as a free gift of his owne ; nor by any act of his whatsoever diminish his soveraignes right over him , but in those things wherein by law he owes subjection to his prince , he remaineth still obliged , notwithstanding any vow or covenant to the contrary ; especially when the subject and scope of the covenant is against the konwn lawes of the realm . so as without all manner of doubt , no divine or learned casuist in the world dissenting : this covenant is either void in it self , or at least voided by his majesties proclamation , prohibiting the taking of it , and nullifying its obligation . secondly , it is confessed by all men that , that an oath ought not to be the bound of iniquity , nor doth oblige a transgressour . the golden rule is , in malis pr●missis rescinde fidem , in turpi voto muta decretum , to observe a wicked engagement doubles the sinne : nothing can be the matter of a vow or covenant , which is evidently unlawfull . but it is evidently unlawfull for a subject or subjects to alter the lawes established by force , without the concurrence , and against the commands of the supreme legislator , for the introduction of a forraign discipline . this is the very matter and subject of the covenant . subjects vow to god , and swear one to another to change the lawes of the realm , to abolish the discipline of the church , and the liturgy lawfully established , by the sword , ( which was never committed to their hands by god or man , ) without the king , against the king , which no man can deny in earnest to be plain rebel●ion . and it is yet the worse , that it is to the main prejudice of a third order of the kingdom , the taking away whose rights without their consents , without making them satisfaction , cannot be justified in point of conscience , ( yea though it were for the greater convenience of the kingdom , as is most falsely pretended , ) and is harder measure than the abbots and friers received from hanry the eight , or than either christians or turkes do offer to their conquered enemies . lastly a supervenient oath or covenant either with god or man , cannot take away the obligation of a just oath precedent . but such is the covenant , a subsequent oath , inconsistent with , and destuructive to a precedent oath , that is the oath of supremacy , which all the church-men throughout the kingdome , all the parliament men at their admission to the house , all persons of quality throughout england have taken . the former oath acknowledgeth the king to be the onely supreame head , ( that is civill head to see that every man do his duty in his calling , ) and governour of the church of england , the second aoth or covenant , to set up the presbyterian gouernment as it is in scotland , denieth all this virtually , maks it a politicall papacy , acknowledgeth no governors but onely the presbyters . the former oath gives the king the supream power over all persons , in all causes , the second oath gives him a power over all persons , ( as they are subjects , ) but none at all in ecclesiasticall causes , this they make to be sacriledge . by all which it is most apparent , that this covenant was neither free nor deliberate , nor valide . nor lawfull , nor consistent with our former oathes , but inforced , deceitfull , invalid , impious , rebellious , and contradictory to our former ingagements , and consequently obligeth no man to performance , but all men to repentance . for the greater certainty whereof i appeale , upon this stating of the case , to all the learned casuists and divines in europe , touching the point of common right ; and that this is the true state of the case , i appeal to our adversaries themselves . no man that hath any spark of ingenuity will denie it . no english-man who hath any tolerable degree of judgement , or knowledge in the laws of his countrey , can denie it , but at the same instant his conscience must give him the lie . they who plead for this rebellion , dare not put it to a triall at law , they doe not ground their defence upon the lawes , but either upon their own groundlesse jealosie and fears , of the kings intention to introduce popery , to subvert the lawes , and to ensla●e the people . this is to run into a certain crime , for fear of an uncertain . they who intend to pick quarrels , know how to feign suspicions . or they ground it upon the succ●sse of their arms , or upon the soveraigne right of the people , over all lawes and magistrates , whose representatives they create themselves , whilest the poor people sigh in corners , and dare not say their soul is their own , lamenting their former folly , to have contributed so much to their own undoing . or lastly upon religion , the cause of god , the worst plea of all the rest , to make god accessary to their treasons , murthers , covetousnesse , ambition . christ did never authorise subjects to plant christian religion , much lesse their own fancticall dreames , or fantasticall devises , in the blood of their soveraigne , and fellow subjects . speak out , is it lawfull for subjects to take up arms against their prince meerly for religion ? or is it not lawfull ? if ye say it is not lawfull , ye condemn your selves , for your covenant testifieth to the world , that ye have taken up armes , meerly to alter religion , and that ye bear no allegiance to your king , but onely in order to religion , that is in plain terms , to to your own humours and conceits . if ye say it is lawfull , ye justifie the independents in england , for supplanting your selves , ye justifie the anabaptists in germany , iohn of leyden and his cure . ye break down the banks of order , and make way for an inundation of bloud and confusion in all countreys . ye render your selves justly odious to all christian magistrates , when they see , that they owe their safety not to your good wills , but to your weaknesse , that ye want sufficient strength to cut their throats . this is fine doctrine for europe , wherein there is scarce that king or state , which hath not subjects of different opinions and communions in religion . or lastly if ye say , it is lawfull for you to plant that which ye apprehend to be true religion , by force of arms , but it is not lawfull for others to plant that which they apprehend to be true religion by force , because yours is the gospel , theirs is not . ye beg the question , and make your selves ridiculously partiall by your overweening opinion , worse than that of the men of china , as if yee onely had two eyes , and all the rest of the world were stark blind . there is more hope of a fool , then of him that is wise in his own eyes . i would to god we might be so happy as to see a generall councell of christians , at least a generall synod of all protestants , and that the first act might be to denounce an anathema maranatha , against all brochers and maintainers of seditious principles , to take away the scandall which lyes upon christian religion , and to shew that in the search of piety , we have not lost the principles of humanity . in the mean time , let all christian magistrates , who are principally concerned , beware how they suffer this cockatrice egg● be hatched in their dominions . much more how they 〈◊〉 for baal , or baal-berith , the baalims of the covenant . 〈◊〉 were worth the inquiring , whether the marks of antio●● do not agree as eminently to the assembly generall of s●●●land , as either to the pope , or to the turk : this we 〈◊〉 plainly , that they spring out of the ruines of the 〈◊〉 magistrate , they sit upon the temple of god , and they ●●●vance themselves above those whom holy scripture 〈◊〉 gods. finis . notes, typically marginal, from the original text notes for div a -e syn. gen. . declar. parl. . &c. assemb gen. anno. . notes for div a -e can. . ench. cand . s. min. ex decreto fal . the edit . gron. . pag. . les ordium eccles. printed at geneva . pag. . ●ag . . pagin . . pag. . pag. . octob. . . assemb . abherd . . . book disc . . head . ass. d●n . . parl. . . book discip . . and . head . anno. . . ass. glasg . . parl. edenb . . ass. edenb . . . book disc . chap. . . book disc . . head . ibidem . ibidem . ibidem . ass. edenb . . ass. glasg . . ass. edenb . . ass. edenb . . . book disc . chap. . chap. . ass. edenb . . ● . book disc . chap. . chap. . ● . book disc . chap. . theoremata iii. imp . edenb . . decreto synodi theor. . theor. . theor. . informatio● . ●r●m s●otland pag. ● . theor. . theor. . theor. 〈◊〉 theor. , ● . ibid. . book disc . ●hap . . theor , and ● . ibidem . theo● . . theor. . theor. . theor. . theor. . theor. , . notes for div a -e . a●● . saint andrews , . ass. saint andrews , ●● . notes for div a -e eccl. ord. p . declar . book disc . chap. . at fdenb . . master david blake , . notes for div a -e book di●c . head . book disc . chap. . theor. . notes for div a -e book di●● head . ibid. ass. eden● . . par. ed. . gen ' ● vindicatiou of commissioners : j●n . . . notes for div a -e book disc . he●d . book disc . chap. . book disc . h●ad and theor. ● . theor. , . vindicat. com . p. . solemn acknowl●dgem●●● . octob. . theor. ● . vindication . ● . ▪ humble advise edenb . 〈◊〉 . . : a●s . d●●b . . ass. edenb . . a book disc . ch . . vindication pag. . p . . . ass. edenb . . sept. . . ar. . theor. . a●n . . ass. edenburg ; . notes for div a -e 〈◊〉 . notes for div a -e cor. . ● . kings ● , ●●● ●● febr. ● at saint gil●● church . notes for div a -e 〈…〉 de●la● . notes for div a -e sco●t 〈◊〉 pag. . . ●o●ok dis . . head . theor , . book ●ead pag. . sco● ▪ lit . ● . . book dis . . hea● . . arti●l . . scot. lit. notes for div a -e motus b●●●nici 〈◊〉 book dis . hea● . book dis . he●d . a true and exact copy of a treasonable and bloody-paper called the fanaticks new-covenant which was taken from mr. donald cargill at queens-ferry the third day of june, anno dom. one of their field-preachers, a declared rebel and traitor ; together with their execrable declaration published at the cross of sanquhair upon the twenty two day of the said month of june after a solemn procession and singing of psalms by cameron the notorious ring-leader of and preacher at their field-conventicles, accompanied with twenty of that wretched crew. cargill, donald, ?- . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing t estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : or : ) a true and exact copy of a treasonable and bloody-paper called the fanaticks new-covenant which was taken from mr. donald cargill at queens-ferry the third day of june, anno dom. one of their field-preachers, a declared rebel and traitor ; together with their execrable declaration published at the cross of sanquhair upon the twenty two day of the said month of june after a solemn procession and singing of psalms by cameron the notorious ring-leader of and preacher at their field-conventicles, accompanied with twenty of that wretched crew. cargill, donald, ?- . p. printed by the heir of andrew anderson ..., edinburgh : . "printed and published by order of his majesties privy council in obedience to his majesties commands in his letter dated at windsor-castle the th day of july, ." "the declaration and testimony of the true-presbyterian, anti-prelatick and anti-erastian persecuted-party in scotland": p. - . this item appears at reel : as wing c (cancelled in wing (cd-rom, )), and at reel : as wing t . reproduction of original in the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng dissenters, religious -- england. covenanters. great britain -- history -- charles ii, - . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion a true and exact copy of a treasonable and bloody-paper , called , the fanaticks new-covenant : which was taken from mr. donald cargill at queens-ferry , the third day of june , anno dom● : . one of their field-preachers , a declared rebel and traitor . together with their execrable declaration , published at the cross of sanquhair , upon the twenty two day of the said month of june ; after a solemn procession , and singing of psalms , by cameron , the notorious ring-leader of , and preacher at , their field-conventicles , accompanied with twenty of that wretched crew . printed and published by order of his majesties privy council , in obedience to his majesties commands , in his letter dated at windsor-castle , the th . day of july , . edinbvrgh , printed by the heir of andrew anderson , printer to his most sacred majesty , anno domini . . a true and exact copy of a treasonable paper , called , the fanaticks new-covenant . we under-subscribers , for our selves , and all that joyn with us , and adhere to us , being put to it by god , our consciences , and men ; do bind our souls with a solemn and sacred bond , lest on the one hand weshould be carried away with the stream of the apostacy and defection of the church in this time , and on the other hand , lest we should ( not being so engaged ) evanish in vanity , and be without a right rule in good designs : we have judged it our duty again to covenant with god , and one another , and to publish this declaration to the world of our purposes , that men may know our most inward-thoughts , the rules that we walk by , and the outmost ends that we have before our eyes for this intent , that these who are lovers of god , zealous of his reigning in glory , and desirous of reformation , and the propagation of his kingdom , may have occasion no more to be jealous of our intentions , and others may have no ground to load us with odious and foul aspersions ; but , that all knowing the truth of us , if they shall strive against us , and truth with us , shall do it without excuse , and against conviction ; and that these who shall joyn with us , may do it upon solid and undoubted-grounds , and both they and we may expect grace from him , faithfully to persevere , and happily to be successful in so good purposes . it is true , we are not ignorant of the great unmindfulness , failing , counteracting , and mocking that has been in our former vows and covenants with god , and of the great judgments that hath , and are like to follow such impious and sinful dealing with god in such weighty matters , ( for which we both ought and desire to be humbled before him , ) which cannot but make us with great trembling of heart enter into new ones , knowing both our own weakness and readiness to relapse , and the great hazard and danger of such relapses ; yet , the desire of recovering and preserving a remnant , and the conviction of this , as the most convenient mean , the zeal to gods glory , and christs reigning , ( which is the highest and most acceptable duty man can perform to god , ) hoping for his mercies , ( who is witness to the integrity of our hearts and rightness of our intentions , ) that he will instruct , direct , accept , and prosper us , we go forward , declaring , that nothing else but what we here express is our design . i. we covenant and swear , that we take the only true and living god , father , son , and holy ghost , to be our god , and betakes our selves to the merits and righteousness of his son , as the alone righteousness that can justify us before god ; and that we take his scriptures and word to be the object of our faith , and rule of our conversation in all things ; and that we shall give up our selves to him , to be renewed , instructed , and in all things ruled by his spirit , according to that word ; and shall earnestly endeavour by his grace , to render to him that love , worship , and obedience , that his word requires , and his goodness engages us to . ii. that we shall to the outmost of our power , advance the kingdom of christ establish'd throughout the land , ( if at any time hereafter god shall give us this opportunity ) righteousness and the true reformed religion , in the truth of its doctrine , in the purity and power of its worship and ordinances , and in its discipline and government , and free the church of god from the thraldom , tyranny , incroachment , and corruption of prelacy on the one hand , and erastianism on the other . and that we shall to our power , relieve the church and subjects of this kingdom , ( we being called thereto , by his giving of us power , power being gods-call to do good , ) of that oppression that hath been exercised upon their consciences , civil rights and liberties , that men may serve him holily , without fear , and possess their civil rights in quietness , without disturbance . iii. that we shall endeavour to our outmost , the extirpation of the kingdom of darkness , and whatsoever is contrair to the kingdom of christ , and especially idolatry , and popery in all the articles of it , as we are bound in our national covenant ; and superstition , will-worship , and prelacy , with its hierarchy , as we are bound in our solemn league and covenant ; and that we shall with the same sincerity , endeavour ( god giving us assistance ) the overthrow of that power that hath established that prelacy and erastianism over the church , and exercises such a lustful and arbitrary tyranny over the subjects , seeking again to introduce idolatry and superstition in these lands , contrair to our covenants : and in a word , that we shall endeavour the extirpation of all the works of darkness , and the relicts of idolatry and superstition , ( which are both much enlarged and revived in our times , ) and execute righteous judgment impartially ( according to the word of god , and degree of wickedness ) upon the committeis of these things , but especially blasphemy , idolatry , atheism , sorcery , perjury , uncleanness , profanation of the lords-day , oppression and malignancy , that being thus zealous for god , he may delight to dwell among us . iv. seriously considering , that the hand of our kings has been against the throne of the lord , and that now for a long time , the succession of our kings , and the most part of our rulers with him , hath been against the purity and power of religion and godliness , and freedom of the church of god , and hath degenerate from the vertue and good government of their predecessors into tyranny , and hath of late so manifestly rejected god , his service and reformation , as a slavery , as they themselves call it in their publick papers , ( especially in these last letters to the king , and duke of lauderdale ) disclaiming their covenant with god , and blasphemously inacting it to be burnt by the hand of a hang-man , governed contrary to all right laws divine and humane , exercised such tyranny and arbitrary government , opprest men in their consciences and civil rights , used free subjects ( christian and reasonable men ) with less discretion and justice then their beasts ; and so not only frustrate the great end of government , ( which is , that men may live godly , holily and peaceably under them , and might be maintained in their rights and liberties from injury and wrong ) but hath also walked contrary to it , so that it can no more be called a government , but a lustful rage , exercised with as little right reason , and with more cruelty then in beasts , and they themselves can be no more called governours , but publick grassators , and publick judgments , which all men ought as earnestly to labour to be free of , as of sword , famine , or pestilence raging amongst us ; and besides , hath stopped ( instead of punishing ) the course of law and justice against idolaters , blasphemers , atheists , murderers , incestuous and adulterous , and other malefactors ; and instead of rewarding the good , hath made butcheries and murthers on the lords people , sold them as slaves , imprisoned , forfaulted , banished and fined them , upon no other account , but for maintaining the lords right to rule consciences , against the usurpations of men , for fulfilling their vows , and repelling unjust violence , which innocent nature allows to all ; of all which , and moe particulars , we can give ( we speak as before god ) innumerable and sure instances : neither can it be thought that there is hope of their returning from these courses , having so often shewed their natures and enmities against god and all righteousness , and so often declared and renewed their purposes and promises of persevering in these courses . and , suppose they should dissemble a repentance of these evils , and profess to return to better courses , being put to straits , or for their own ends , ( for upon no other account can we reasonably expect it ; ) and though it might be thought , that there might be pardon for what is done , ( which we cannot yet see to be , without the violation of the law of god , and a great guiltiness on the land , from which guiltiness the land can never be free , but by executing of gods righteous judgments upon them for omitting of so greatly deserved , and so necessarily requisite a justice ; ) yet they cannot be believed , after they have violated all tyes that humane wisdom can devise to bind men ; and beside , there will be something of folly found , to think to bind a king that pretends to absoluteness : and our fathers , or rather our selves , at first judged it not warrantable to receive him , without consenting to , and swearing of the covenant : and if so , the renouncing and disclaiming thereof , we ought at present to judge to be a just and reasonable ground of rejecting him upon these grounds , being assured of gods approbation , and mens , whose hearts are not utterly byassed , and their consciences altogether corrupted , and knowing assuredly , that the upholding of such , is to uphold men , to bear down christs kingdom , and to uphold sattans , and the depriving of men of right government and good governours , to the ruining of religion , and undoing of humane society . we then seeing the innumerable sins and snares that are in giving obedience to their acts , on the other hand , seeing if we shall acknowledge their authority , and refuse obedience to their sinful commands , the endless miseries that will follow , and siding with god ( who we hope will accept and help us to a liberation from their tyranny ) against his stated and declared enemies ; do reject that king , and these associate with him , from being our rulers , because standing in the way of our right , free and peaceable serving of god , propagating his kingdom and reformation , and overthrowing satans kingdom , according to our covenant ; and declares them henceforth to be no lawful rulers , as they have declared us to be no lawful subjects , upon a ground far less warrantable , as men unbyassed may see ; and that after this , we neither owe , nor shall yield any willing obedience to them , but shall rather suffer the outmost of their cruelties and injustice , until god shall plead our cause , and that upon these accounts ; because , they have altered and destroyed the lords established religion , overturned the fundamental and establish'd laws of the kingdom , taken altogether away christs church and government , and changed the civil government of this land ( which was by king and free parliaments ) into tyranny , where none are associat to be partakers of the government , but only those who will be found by justice to be guilty of criminals , and all others excluded , even those who by the laws of the land by birth had a right to , and a share in that government , and that only , because not of the same guiltiness and mischievous purposes with themselves : and also , all free elections of commissioners for parliaments , and officers for government , are made void by their making those the qualifications of admission to these places , which by the word of god , and the laws of this land , were the cause of their exclusion before , so that none can look upon us , or judge us bound in alledgeance to them , unless they say also we are bound in alledgeance to devils , they being his vicegerents , and not gods. v. we then being made free , by god and their own doings , he giving the law , and they giving the transgression of that law , which is the cause that we are loosed now from all obligations , both divine and civil to them , and knowing that no society of men that hath corruption in them , ( which alwayes is ready to beget disorders and do injuries , unless restrained and punished by laws and government ) can be without laws and government , and withal desiring to be governed in the best way that is least lyable to inconveniencies and tyranny : we do declare , that we shall set up over our selves , and over all that god shall give us power , government , and governours , according to the word of god , and especially according to that word , exod. . v. . moreover , thou shalt provide out of all the people , able men , such as fear god , men of truth , hating g●vetousness ; and that we shall no more commit the government of our selves , and the making of laws for us , to any one single person , and lineal successor , we not being tied as the jews were by god , to one family , government not being an inheritance , but an office , which must be squared , not to the interest and lust of a man , but to the good of the commonwealth , and this kind of government by a single person , &c. being most liable to inconveniencies , ( as sad and long experience may now teach us , ) and aptest to degenerate into tyranny . moreover , we declare that these men whom we shall set over us , shall be engaged to govern us principally by that civil or judicial law given by god to his people of israel , especially in matters of life and death , and in all other things also , so far as they teach , excepting only that law , ( viz. anent slaves , ) which does not agree with that christian liberty established in all christendom , ( only violated by our tyrants , and some others of late , ) and that of divorces and poligamy ; the one being not a law , but a permission granted upon the account of the hardness of their hearts , the other being a sinful custom contrair to the first institution of marriage , crept in into the church : we know that men of malignant and perverse spirits , that has not a higher god than a wicked king , which suits only with their lustful licentiousness , and it may be others with them that seemed to be of better principles , will raise an ignorant clamour upon this , that it is a fifth-monarchy , and we fifth-monarchy-men , and will labour to amuse the people with strange terms , and put odious names on good things to make them hateful , as their way is ; but if this be their fifth-monarchy , we both are , and ought to be such , and that according to his word . vi. it being the work of the ministers of the gospel , to preach , propagate , and defend the kingdom of god , and to preserve the doctrine , worship , discipline , government , liberties and priviledges of the same , from all corruptions and incroachments of rulers , and all others . and seing , that the ministers of the church of scotland , ( at least the greatest part of them before ) not only were defective in preaching and testifying against the acts of these rulers , for overthrowing religion and reformation , abjuring our covenant made with god , establishing a government in the church , which that king calls his own government , ( and so not gods , ) contrair to our covenant ; against inacting of that blaspemous ( so calvin calls that supremacy of henry the eight , upon which this prerogative is founded , and from which it is derived , and is no less , if not more injurious to christ , and inslaving to his church , ) and sacrilegious prerogative given to a king over the church of god , and against the other acts and incroachments of his church , and hindered others also who were willing , and would have testified against them , and censured some that did it , ( for which , together with the other causes in their trust and administration , we may say , god hath left them to do worse things ; ) but also hath voted in that meeting , ( which they are pleased to call an assembly of ministers , but how justly , let men judge , ) an acceptation of that liberty , founded upon , and given by vertue of that blasphemously arrogated and usurped power ; and hath appeared before their courts to accept of that liberty , and to be enacted and authorized there as ministers , and so hath willingly ( for this is an elicit act of the will , and not an act of force and constraint ) translated the power of sending out , ordering , censuring , ( for as they accept of their liberty from them , so they submit to their censures and restaints , at least all of them who were yet tried with it , and others of them appeared and acknowledged before their courts , that they would not have done these things that they were charged with , if they had thought it would have offended them , ) ministers departing from the court of christ , and subjection to the ministry , to the courts of men , and subjection to the magistrate , ( which had been impious and injurious to christ and his church , though they had been righteous and lawful rulers , ) and by their changing of courts , ( according to common law ) hath changed their masters , and of the ministers of christ are become the ministers of men , and bound to answer to them as oft as they will ; and as by the acceptation of this liberty in such manner , they have translated the power , so they have given up and utterly quit the government , and a succession of a presbyterian ministry ; for as these were not granted them of their masters , so they exercise their ministry without them , and so by this , as the ecclesiastick government is swallowed up in the civil , ( if the rest had followed them ) the ministry should have also been extinct with themselves , and the whole work of reformation had been buried in oblivion , not so much as the remembrance of it kept up : these , together with the other of their commissions in preaching , the lawfulness of paying that tribute declared to be imposed for the bearing down of the true worship of god , ( which they falsly termed seditions conventicles , ) and their advising these poor prisoners to subscribe the bond , and consequently could not but so advise all others , if put to it , ( for the hazard that men were in , will not make a real change of the morality of that action , ) and beside , the rest may be put to it upon the same hazard , and so if the one should advise , ( which consequently they must do , ) and the other should subscribe , this would altogether close that door which the lord hath made use of in all the churches of europe , for casting off the yoke of the whore , and restoring the truth and purity of religion and reformation , and freedom of the churches , and should have stopped all ingress for men , when once brought under tyranny , to recover their liberty again . these ministers then , not being followers of christ , who before pontius pilate , gave a good confession , which was , that he was a king , and no king , if he have not power to order his house and subjects , and they not following him , nor his ministers , if not asserting and maintaining of this his kingly power , against all incroachers and usurpers of it ; and besides , we being commanded , if any brother walk disorderly , from such to withdraw ; and although in the capacity we now are in , we neither have , nor assumes to our selves authority to give out definite and authoritative sentences of deposition and supension against these ministers ; yet we declare , which is proper for us to do , that we neither can , nor will hear preaching , nor receive sacraments from these ministers that hath accepted of , and voted for that liberty ; and declares all who have encouraged and strengthened their hands , by hearing and pleading for them , all those who have traffiqued for an union with them , without their renouncing and repenting of these things , all those that do not testifie faithfully against them , and after do not deport themselves suitably to their testimonies , and all who joyn not in publick with their brethren , who are testifying against them ; we declare , that we shall not hear them preach , nor receive sacraments from them , at least , till they stand in judgment before these ministers , and be judged by them who have followed the lord , and kept themselves free of these defections : and as our hearts hath cleaved to these ministers , while they were on the lords side , and subjected our selves to them , so we shall still cleave to those that abide following him , and shall be subject to them in the lord. vii . then we do declare and acknowledge , that a gospel-ministry , is a standing ordinance of god , appointed by christ , to continue in the church , until the end of the world ; and that none of us shall take upon him the preaching of the word , or administring the sacraments , unless called , and ordained thereto , by the ministers of the gospel : and as we declare that we are for a standing gospel-ministry , rightly chosen , and rightly ordained , so we declare , that we shall go about this work in time to come , with more fasting and praying , and more careful inspection into the conversation and holiness of these men that shall be chosen and ordained , the want of which formerly , hath been a great sin , both in ministers and people , which hath not been the least cause of this defection . the declaration and testimony of the true-presbyterian , anti-prelatick , and anti-erastian , persecuted-party in scotland . it is not amongst the smallest of the lords mercies to this poor land , that there hath aways been some who hath given a testimony of every course of defection which we were guilty of , which is a token for good , that he does not as yet intend to cast us off altogether , but that he will leave a remnant , in whom he will be glorious , if they ( through his grace ) keep themselves clean still , and walk in his way and method , as it hath been walked in , and owned by him in our predecessors ( of truly worthy memory ) their time , in their carrying out of our noble work of reformation , in the several steps thereof , from popery and prelacy , and likewise from erastian-supremacy , so much usurped by him , who it is true ( so far as we know ) is descended from the race of our kings ; yet he hath so far deborded from what be ought to have been , by his perjury and vsurpation in church-matters , and tyranny in matters civil , as is known by the whole land , that we have just reason to believe , that one of the lords great contraversies against us is , that we have not disowned him , and the men of his practices , whether inferiour magistrates , or any others , as enemies to our lord and his crown , and the true protestant and presbyterian-interest in their hands , our lords espoused bride and church . therefore , although we be for government , and governours , such as the word of god , and our covenants allows , yet we for our selves , and all that will adhere to us , as the representatives of the true presbyterian-church , and covenanted nation of scotland , considering the great hazard of lying under such a sin , do by these presents , disown charles stuart , who hath been reigning , or rather ( we may say ) tyrannizing on the throne of scotland , or government thereof , ( forfaulted several years since by his perjury and breach of covenant with god and his church , ) and usurpation of his crown and royal prerogatives therein , and many other breaches in matters ecclesiastick , and by his tyranny and breach of the very leges regnandi in matters civil ; for which reasons , we declare , that several years since he should have been denuded of being king , ruler , or magistrate , or having any power to act , or to be obeyed as such : as also , 〈…〉 of christ , captain of salvation , we declare war against such a tyrant and vsurper , and all the men of his practices , as enemies to our lord jesus christ , his cause and covenants , and against all such as have strengthened him , sided with him , or any ways acknowledged him in his vsurpation and tyranny , civil and ecclesiastick , yea , and against all such as shall strengthen , side with , or any ways acknowledge any other in the like vsurpation and tyranny , far more against such as would be tray or deliver up our free reformed mother church , into the bondage of antichrist , the pope of rome . by this we homologat the testimony given at rutherglen , the twenty ninth of may , . and all the faithful testimonies of these that have gone before us , as of these also that have suffered of late ; and we do disclaim that declaration published at hamiltoun , june . chiefly , because it takes in the kings , interest , which we are several years since loosed from , because of the foresaid reasons , and others , which may after this ( if the lord will ) be published . as also , we disown , and by this resente the reception of the duke of york , a profest papist , as repugeant to our principles and vows to the most high god , and as that which is the great ( though alace too just ) reproach of our church and nation : we also , by this , protest against his succeeding to the crown , and whatever hath been done , or any are essaying to do in this land ( given to the lord ) in prejudice to our work of reformation . and to conclude , we hope none will blame us for , or offend at , our rewarding these that are against us , as they have done to us , as the lord gives the opportunity . this is not to exclude any that hath declined , if they be willing to give satisfaction to the degree of their offence . given at sanqhuair , the . of june , . these are the true and exact copies of the fanaticks new-covenant , and declaration ; collationed with the originals , which are kept amongst the records of his majesties privy-council ; and attested by al. gibson , cl. sti. concilij . and will. paterson , cl. sti. concilij . finis . a serious expostulation with that party in scotland, commonly known by the name of whigs wherein is modestly and plainly laid open the inconsistency of their practices i. with the safety of humane society, ii. with the nature of the christian religion, iii. their two covenants are historically related, and prov'd to be no sufficient warrant for what they do, iv. their new doctrine of a pretended forfeiture, is prov'd to be groundless. craufurd, james, th cent. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a serious expostulation with that party in scotland, commonly known by the name of whigs wherein is modestly and plainly laid open the inconsistency of their practices i. with the safety of humane society, ii. with the nature of the christian religion, iii. their two covenants are historically related, and prov'd to be no sufficient warrant for what they do, iv. their new doctrine of a pretended forfeiture, is prov'd to be groundless. craufurd, james, th cent. p. printed for j.d. for richard chiswell ..., london : . attributed to james crawfurd. cf. halkett & laing ( nd ed.). reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng covenanters. great britain -- politics and government -- - . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - robyn anspach sampled and proofread - robyn anspach text and markup reviewed and edited - pfs batch review (qc) and xml conversion a serious expostulation with that party in scotland , commonly known by the name of whigs . wherein is modestly and plainly laid open the inconsistency of their practices ; i. with the safety of humane society . ii. with the nature of the christian religion . iii. their two covenants are historically related , and prov'd to be no sufficient warrant for what they do . iv. their new doctrine of a pretended forfeiture , is prov'd to be groundless . london , printed by j. d. for richard chiswell , at the rose and crown in st. paul's church-yard , mdclxxxii . a serious expostulation with that party in scotland , commonly known by the name of whigs . with what horror must one look back upon the deplorable state of this wretched kingdom these years , since the unhappy principles of subjects taking arms against the lawfull magistrate under pretence of religion first prevailed among us ! should i here impartially set down the strange distractions that tore us in pieces , the rivers of blood that were shed , and the manifold miseries that we and our fathers for many years groaned under , i might seem perhaps to affect the writing a tragedy , or the raising transports of passion in my readers breast . but , alas ! the dismall effects of those convulsions are still so visible , that as they will justify all that can be said upon this subject ; so at the same time they make it needless . when we had fought our selves into bondage in the late unnatural war , and had no way left to remove the just scourges of rebellion , besides our prayers and tears , which at length obtain'd of god the recovery of our ancient government , rights and properties , it was to be hop'd that the fresh remembrance of what we had felt , would have frighted at least the present generation from all thoughts of renewing our sufferings , and have kept our soveraign's reign as free from blood , as god was pleased to make his restauration . but wofull experience has prov'd how soon so great a deliverance was forgotten : before the cicatrice of the late wound was well closed , we made haste to open it again . pentland hills , and bothwell-bridge will stand for lasting monuments both of our ingratitude to god , and of our disloyalty to his vicegerent . nor do we only adhere to those wicked principles which have already cost the nation so dear , but even outdo them by new and more dangerous positions . our fathers , without casting off all reverence for the government , insisted only upon some pretended excesses , which they pretended to redress . but some among us of late , by taking upon them to lay aside him who had undoubted right to govern , do strike at the very root , and endeavour to destroy the whole ancient constitution at one blow . they set up for a further degree of sanctity and reformation , which we have unhappily brought into such a corruption of morals , as has not been hitherto known among christians . are not assassinations taught , as well as practis'd among us ? and those who suffer for the basest of murders , are they not cry'd up for martyrs ? are not the minds of many debauch'd to that strange degree , as to glory in opinions , and die for doctrines , which others cannot hear mention'd without horror ? do not men , pretending to no ordinary measure of christianity , every day commit and allow of actions whereof heathens would be asham'd ? and in one word , can any thing be so wickedly contriv'd by those of the party , as not to be cloak'd with the specious title of zeal for christ ? hence it is that atheists and profane persons take occasion to scoff at our holy religion ; a reproach is hereby brought upon the reformation , which always charg'd popery with rebellion . the rest of mankind look upon us as enemies , and contemners of the most sacred ties of religion and society . nor is it to be doubted but if we go on in such brutal tenets and practices , our land will again become a field of blood. for can we expect that the government will thus give way to its own dissolution ? or suffer us to go on in courses so inconsistent with the publick safety ? when softer methods prove ineffectual , will it not be forced to defend it self by proceeding to the utmost severities ? and i dread to think how when the wrath of god , and of our injur'd prince , shall at length pursue us for our unaccountable obstinacy , we cannot any where expect either refuge or pity . this terrible prospect of what is most likely to come to pass , has so wrought upon me in my retirement , that notwithstanding the circumstances of my present condition , which secure me as much from any share in my native countrey 's danger as my conscience doth from its guilt . i am resolv'd to discharge the duty of a sincere christian and of a faithful patriot , in laying open my thoughts upon this occasion . now that those , for whose sakes this discourse is undertaken , may both the better understand , and the less partially read it , i shall endeavour to fit my stile to the meanest capacities , and to avoid , as much as possible , all sharpness of expression , being of my self most inclin'd to lenitives ; and having often observ'd that gentle treatment is most apt to affect noble tempers , i shall therefore beg of my countreymen that they will be pleased to lay aside prejudice for a little while , and consider fairly with me these four things . i. if such courses be not really inconsistent with the safety of any government . ii. if they be not contrary to the nature of the christian religion . iii. if what is alledged from the obligation lying upon us by the late covenants , be a sufficient warrant for what we do . iv. if there be any ground for the new doctrine of a pretended forfeiture , which some among us insist upon . first consideration . it is necessary in all civil constitutions , that the actions of particular persons be directed towards the publick good. but most men being apt to steer their course only by the compass of interest , the wisdom of no government has hitherto found out a better way to support it self , than by establishing such an authority as might see to every man performing his part in relation to the publick . this last resort of power , as the very life of the government , has still been accounted sacred and inviolable ; has had all the advantages of laws in its behalf ; has every where been arm'd against the attempts of malice , faction , or ambition ; nor has any thing been wanting that might enable it to answer the great ends of its institution , either to administer justice , secure property , or maintain peace and order . in whatever hands this soveraign power is lodg'd , as with us it is undoubtedly in the king 's , there all must be ready to pay an humble deference , not only to countenance authority when it promotes our private interest , but even when it seems least favourable to us , to own that it has power to punish as well as reward , there being no less reason for mens submitting to what authority thinks proper to inflict upon their breach of the laws , than for their laying claim to protection , and other benefits , while they observe them . no severity in the prince can cancel the obligation that lies upon subjects , nor put them in commission to make violent resistance , seeing this were a taking upon them to reject that judge , and deny that authority , which the laws , the government , and they themselves as members of it , have already own'd to be supream upon earth . nothing here below can be so perfectly contriv'd as not to retain some inconveniences , and i shall grant a probability , or a possibility at least , of particular persons suffering sometimes unjustly , to be an inconvenience which necessarily accompanies the chief authority in all governments . but if there be no other way to shun it , than by allowing violent resistance to be lawfull in such cases , the remedy will questionless prove much worse than the disease . if with the many laws in the prince's behalf , there were but one to countenance resisting him , this one would in a short time destroy all the rest , and reduce his authority to an empty name . or if it were declared lawfull for subjects only to resist in some cases , who must judge when these fall out ? the prince could hardly be brought to give sentence against himself , to wound his power by releasing men from their allegiance . and if it were left to the judgment of subjects , it is to be feared that the determination would be highly partial on their side ; the case of lawfull resistance would then turn frequent , obedience would be rare , unless supported by interest , and subjects would at this rate only be such to whom and when they pleased . this principle of resistance being once allow'd , it necessarily opens a door to subvert all authority , and renders the whole design of government ineffectual . how could the publick peace be secur'd , if there were ways left for particular persons lawfully to rebel ? differences could never be decided but by granting a sentence from which there is no appeal , back'd with a power of executing without danger of opposition . there could be no order , were it left to private men to desert their stations , to turn judges where they are parties , and to call rulers to an account of their administration . if we leave kingly government , and look upon the most popular constitutions , which are raised but one step above anarchy , even there the chief magistrates are only accountable to the whole body for their actions : nor can any part of this body , without the concurrence of the rest , meddle with those that have their authority from all . let us suppose authority in some cases may be mistaken or biass'd in its decisions ; without doubt we might expect much greater errors and partiality , were every man left to judge of his own performances . if we think it inconvenient that the prince should be enabled by his power to injure any particular person , much worse would it be to put it in every particular person 's power to be unjust to the prince . to be short , the supream power falling sometimes into no good hands , doth not frustrate the chief ends of government ; but if discontented spirits may find ways lawfully to make opposition , nothing can keep it from being dissolved . it is most plain that subjects rights are rather secur'd than endanger'd by the princes not being accountable for his actions , and that they would soon find themselves at a loss by being allow'd to resist : for as men are naturally apt to complain , and are allways partial enough to think themselves most hardly dealt with ; so if they were at liberty to fall upon the government , in helping to weaken that they would wound their own security . the whole body must feel the blow which the head receives . life may be preserved with the hazard or loss of several members , but when the head is affected , every part languishes , and with it all dies . the great foundation then of the subjects safety being shaken by violating the prince's rights , interest it self should teach us to be very tender of them , and never to offer at destroying that which appears perhaps inconvenient in one respect , but is useful and necessary in many . if it trouble us to be at the prince's mercy , we may remember we are likewise under his protection , and so need apprehend none besides . and this i humbly conceive is a condition much more desirable , than by renouncing our allegiance , unhinging the government , and getting thus without the reach of an imaginary danger , to draw upon our selves the violence of every one that hath strength or wickedness enough to hurt us . and truly our countrey is at little beholden to us for resisting authority , as we are to our selves ; for in shaking off all duty to our prince , we encourage others to do the same : this must involve the government in constant trouble , and deprive us of the blessed fruits of peace upon which we cannot set too high a value . if every one of us be resolv'd to make good our petty rights , can we imagine our prince will tamely pass from his , which are so great ? and at this rate there is no avoiding a civil war , with all its fatal consequences , which will fall much heavier upon the publick , than any thing that any particular man or sort of men can suffer . the government of the worst of princes is infinitely preferable to anarchy and confusion , where guilty and innocent are equally obnoxious to danger ; where no man's prudence , vertue , or merit can give him sanctuary . rome felt it self much more at ease under a caligula , a nero , a domitian , or a commodus , than amidst the terrible alarms of a civil war. this in a few days spilt more of rome's best blood , banish'd more senators , and ruin'd more families , than any of those tyrants did in several years . but if it went better with the publick , while such monsters sate at the helm , who were themselves govern'd , and govern'd others by no better laws , than what cruelty , avarice , ambition , and the rest of their unbridled passions suggested ; i am willing still to believe , that none of us are so much our own , and our countrey 's enemies , to prefer anarchy before the easy yoke of our indulgent prince , who 's reign has never yet been stain'd with one act of his cruelty ; whom envy it self cannot charge as gratifying his avarice , or ambition , at the expence of his subjects fortunes or lives ; but who on the contrary has hitherto made good , what he has been pleased , both in publick and private , often to declare , that he intends to govern according to the established laws of his kingdoms . and truly we must allow it reasonable , that all his subjects follow this royal pattern , and make the laws likewise the sandard of their actions ; or if they cannot be brought this length , it is fit that at least they learn patiently to submit , without taxing their prince of severity or injustice , for requiring them to observe those rules , by which he himself vouchsafes to be govern'd . but if nothing besides our own private interest will influence us , even this ought to make all tremble at the very thoughts of disturbing the publick peace , or of setting their countrey on fire , lest they themselves be burnt up in its ashes . as no art can manage this flame , when it is once kindled ; so it has always been observ'd , that the unhappy instruments of such tragedies have seldom escap'd , or , at best , the issue has prov'd more grievous , than any thing that could have befallen them by keeping to a dutiful compliance . it must then be confest , that men are very ill advis'd , to draw inevitable calamity upon their countrey , and to sacrifice the lives and fortunes of so many thousands , where the injustice is so plain , and the success of the undertaking so doubtful . and now me-thinks i hear some alledg , that they only endeavour to maintain those natural rights and priviledges to which every man has an undoubted title , or that they only stand upon self-defence , which is enjoin'd them by the law of nature . but however plausible such pretences may appear at first view , yet when narrowly look'd into , they will not be able to bear them out : for neither the defence of natural rights , nor the law of nature , will allow of any such monstrous doctrine . as to things which are undoubtedly natural rights , all men , who are members of societies , and live under any rules , do every day part with several of them , and find a real advantage in so doing , they freely resign some natural rights into the hands of the publick , which thereupon ensures to them the rest . and tho by this means their natural liberties are brought under the confinement of laws , and are in some measure abridg'd , yet still their condition is much more comfortable , than if they continued single and independent persons , neither owing obedience as subjects , nor as such receiving protection ; for in this case the pleasure of enjoying all the priviledges of nature , with the gilded name of entire liberty , would be sufficiently allay'd by the constant terrors and fears they must then live in . their own natural rights , without any other support , would little avail them , nor would their overvalued freedom fail to determine in slavery , as soon as they met with any stronger than themselves . and thus by standing upon all the priviledges of their birth , and every thing that nature had given them , they should be able to secure nothing . the greatest lovers therefore of freedom , have in all ages been wise enough to see an interest in framing themselves into bodies under certain laws , which limited , but withal secured those rights of nature ; and the great dangers from which this union freed them , as well as the advantages that have arisen from it , made men agree , to keep nothing back , no not life it self , when the publick required it : and this makes it evident , that self-defence is not enjoin'd by the law of nature , because this law is inviolable ; and if it absolutely required the preservation of life , no man could then venture it for his countrey , for his parents , nor for his friends , no criminal could without sin submit to the execution of the judges sentence ; and not to meddle with christ's death , the glory of martyrs would be their crime , for violating the law of nature by their voluntary sufferings . i own self-defence to be every man 's undoubted birth-right , one of our dearest priviledges , which we are not to forgo unless upon weighty considerations . but the great fallacy is here , men are apt to confound natural rights , and the law of nature , which vastly differ . the law of nature contains certain general truths , the fruit and genuine results of reflection , the very impressions which god has immediately graven in our souls , which are not to be violated , and which every man's reason must approve . whereas the rights of nature are frequently dispensed with , nor have we any further title to them , than the laws of the government , whereof we are members , allow us . so that the whole matter being rightly understood , i may boldly say , the law of nature first taught men to give up their natural rights to the publick , as the wisest bargain they could make , seeing upon their committing their lives , liberties and fortunes to its trust , to be dispos'd of at all times as the publick should think fit , there is a sufficient return made them by the publick , which in this case undertakes their protection against the whole world. second consideration . the great design of the christian religion is to reform men inwardly , to calm the storm , which pride , malice , or love of revenge are apt to raise , which it effects by seasoning the mind with humility , gentleness , and patience . it was chiefly intended to remove mens thoughts from temporal to spiritual objects , teaching them in all conditions to shew an entire resignation to god , grounded upon a sure confidence of his paternal care and protection ; and when men are once arrived at this blessed temper of spirit , it will discover it self in the whole tenor of their lives , with relation both to god and their neighbour . far from repining at the divine providence under the harshest dispensations , they will then be seen to rejoice in afflictions ; they will cheerfully take up their cross , and , notwithstanding all discouragements , will keep on a steady course towards heaven . nor is it to be imagin'd that ill usage from men will be able to discompose those , who have put on the strongest resolutions to be at peace with the whole world , to forgive injuries as soon as received , to pray for their persecutors , and to return good for evil. seeing the holy religion then , which we profess , requires such a peaceable and gentle disposition of mind in the cross occurrences of this life , and seems upon all occasions to discountenance any thing that savours of violence , certainly it will never allow of violent methods in what immediately regards it self . and as these are neither suitable to the nature nor design of religion , so it may be sufficiently secur'd without them ; and he who questions the truth of this , doth forget that religion is an inward principle , fix'd in the soul , from whence no outward force is able to remove it . men may be spoil'd of their goods , depriv'd of their liberties , and suffer constant persecution for righteousness-sake , without hazarding their religion , which is beyond the reach of the strongest and most malicious enemies . an undeniable instance of this truth we meet with in the primitive martyrs , who , tho they were oftentimes mean and contemptible persons , yet they held out against the whole power of the roman empire . so that religion may properly be term'd , a precious treasure , of which no man was ever yet rob'd , but by his own fault ; and as we may laugh at any attempts , which are made against it , so nothing can be more unreasonable , than to use violence in keeping what cannot be taken from us . we much undervalue its power , if we imagine that there is need of any thing of this kind to support it . nor can there be a more certain sign of the spirit 's being weak in us , than our not daring to trust it without a guard. in a word , religion has not throughly inflam'd those souls , which are not able to offer sacrifice to god without borrowing strange fire . the precepts of christianity do not seem plainer in any one thing , than in that unlimited submission which , as subjects , we ow to our prince ; and if our duty to god may sometimes justify our refusal to pay an active obedience , yet in no case are private persons at liberty to resist , but must bear patiently the sharpest tryals , until they can ease themselves in a lawful , that is , in a peaceable way . if the princes edicts therefore should appear such as did infringe our dearest priviledges , and in our judgment strike even at religion it self , we ought still to remember who we are , and what we are concern'd for . we must not presently shake off our allegiance , and imagine that this gives us authority to disturb the publick peace , or that there is no rebellion where religion is the cause we fight for . god doth not call us to put to our hand after this irreverent manner , to support the tottering ark ; and the sincerity of our intentions , or our zeal for god's glory and the gospel , will not excuse us in any indirect courses . god is jealous of his own honour , and can easily compass his ends , without requiring such things at our hands . the means he is pleased to recommend to us , as fittest for this purpose , are our humble addresses to our soveraign , whom in conscience we dare not oppose , our making known our just grievances in a dutiful manner , and laying modestly before him those considerations , which are most likely to remove his prejudices , and dispose him to entertain a better opinion of us and our principles ; and when we have fought with these arms , which heaven approves of , we must back our petitions with our prayers to god , that he , who has the hearts of kings always in his hands , will incline our prince to grant our requests , and then , if our cause be truly good , if it be god's as much as we are willing to believe it is , then if we do not spoil it in the management , we need not in the least doubt of a most comfortable issue . but as things are now order'd , it will be hard to persuade the world that we are acted by an evangelical spirit , where the practices of many are so apparently contrary to the gospel . to have our hands still upon our swords , ready to draw as soon as the least advantage is given us , is a posture ill befitting our profession , and is that which doth insensibly destroy , but will never maintain religion . what we would have pass for pure zeal , others look upon as rage , and love of revenge ; and condemn our fomenting tumults and insurrections against authority , as flowing either from a diffidence of god's providence , or from a distrust of his promises , or at best from our impatience to wait his good time . look back upon the contrivances of all rebellions , and you must reckon craft , ambition , and hypocrisy have been always among the most innocent instruments that are employ'd in hatching and carrying them on ; and yet these are so far from being acts of christianity , that all men who are concern'd to be thought strict in their morals , will be asham'd to own them . what then shall we say to the falsehood , the cruelty , the oppression and injustice which are so eminently conspicuous in the history of our late unhappy rebellion ? certainly for men to pretend amidst so gross enormities , that what they do is to promote god's service , and to fight his battels , is a sin much beyond all the rest , and brings so great a scandal upon our holy religion , that we see by woful experience , how it has help'd to set up that spirit of atheism which now abounds among us . the arms with which true religion delights to defend it self , are of a quite different nature , as justice and integrity in mens dealings , innocence in their lives , zeal without hypocrisy in their holy performances ; willingness rather to receive the greatest , than to do the least injury ; enmity against no person , much less against the prince ; constancy in suffering all manner of inconveniences , rather than to contract guilt in removing them ; and lastly , a sincere abhorrence of offering to stain the christian religion , by shedding any man's blood in its maintenance , while yet they are resolv'd by god's grace patiently to sacrifice their own lives , rather than renounce it . these and the like were the innocent methods which under god prov'd instrumental in converting the heathen world. christianity , after a new kind of warfare , became victorious by yielding ; planted , 't is true , it was and grew up in blood , yet in such as was not spilt in the open fields , but upon scaffolds and in amphitheaters , and always without resistance . no other arms than prayers , tears , and invincible patience , made it triumph over the power of heathen rome . holy leagues , bonds of mutual defence , cabals and secret practices were not known in those ages . private meetings indeed we read of , which far from endangering the peace of the empire , prov'd the best seminaries to instruct men in the principles of loyalty as well as religion ; nothing of sedition was ever heard or taught in those pure , tho nocturnal assemblies . no man thought fit to meddle with authority , or arraign the government there ; the time was much better spent , even in exercises of devotion , and in pious meditations ; seldom was the emperors name there mentioned , except in the prayers that they daily offer'd up for his safety , even when the church groaned under his persecution : and for the truth of what is here alledged , i dare appeal to the doctrine and practice of christ , and of the primitive christians . if we take an exact view of the great copy christ has set us , either in his words or in his actions , in what he taught , or in what he suffered , every part doth breath that peace , which , as a legacy , he did bequeath his disciples , ( john . v. . ) those who are gently and peaceably dispos'd , have no small share in the blessings he pronounced in the beginning of his most divine sermon , ( matth. . v. , , . ) and if we urge his own words to the contrary , that he came not to send peace , but a sword , ( matth. . v. . ) these shew us rather what he foresaw would be the unhappy effect , than the real design of his coming , which was chiefly to make peace betwixt god and man , and to make men be at peace with one another ; in order to this he commands us not to resist evil , ( math. . v. . ) or the evil person , as the learned here observe : and if the precept be general , the inference is strongest , with relation to our prince , who if he prove evil , unjust or froward , yet of all persons is least to be resisted . i might bring the most material passages of the gospel , in confirmation of this necessary truth . but i shall for brevitie's sake confine my self to two or three instances . when the inhabitants of a samaritan village refused to entertain our saviour , ( luke . v. . ) two of his disciples not being able to bear this affront , ask'd leave to command fire down from heaven and consume them , as elias ( kin. . v. , . ) had done , but we find he answer'd them with this sharp rebuke , ye know not of what spirit ye are . they did imagine it fit for them to imitate the prophet , forgetting that they were now in the school of christ , and not in that of moses . many things were allow'd , but especially to those called zealots , by which character elias then acted , which could not take place under this new dispensation . the gospel was to be carried on with a spirit of lenity and meekness , men were to be charm'd and not frighted into a good opinion of it . nor was it at all to be introduced with violence , or hazard to their lives , seeing the design of the son of man's coming , was not to destroy men's lives , but to save them , luke . v. . the next instance shall be that of st. peter , who when the souldiers came to apprehend christ , ( math. . v. , . ) drew his sword , and smote a servant of the high-priest's , and out off his ear ; but instead of receiving thanks for his zeal in his master's defence , he was commanded to put up his sword , with this threat , that all they who take the sword , shall perish by the sword. both ancient and modern writers have urged this as a plain argument against subjects assuming to themselves the power of the sword to oppose magistrates , or those who act by their commission , and the cavil which some make , as if the threatning were here directed rather to the jews than to st. peter , will with impartial persons always pass for a violent wresting the words from their genuine sense . an ancient father ( theophilact ) doth expresly say that christ here taught his disciples not to use the sword , tho by so doing he might seem to vindicate or defend god himself . another of the ancients ( origen ) doth conclude from christ's command to peter to put up his sword , that we must not draw it unless we will perish by it , and that all those who are not inclin'd to peace , but are movers of sedition , shall perish in the war which they occasion . and to give you the comment of st. austin here for all , he saith that the lord did in these words sufficiently check st. peter's fact , when he said , put up again thy sword , for he that useth the sword shall perish by the sword ; and he useth it , who , when no superiour nor lawful power doth allow , makes use of arms against the blood of another . it would be too tedious to set down the words of the most eminent modern divines , who agree that peter's action and christ's reproof , ought to discourage all private persons from rising up against authority , i shall only give the words of one most learned and judicious commentator ( grotius in math. ) upon this place , and the rather , because some have falsly challeng'd his testimony from other of his writings , to weaken this evangelical doctrine of non-resistance . this admonition , saith he , doth not only belong to peter , but indeed to all christians , whom publick authority offers to punish for their profession . and it is the will of god that we should then give testimony to all the world of our christian patience , and commit our souls unto him , as unto a faithful creator , pet. . v. . for what , saith he , can be more just , than for us to lay out our lives for the honor of him , from whom we had them . nor must the natural right of self-defence be here pleaded , for there is great difference , saith he , in using this right against robbers , or such like persons , where we have the law on our side , or against the commands of authority , which , tho unjust , are to be born with . for , as he afterwards observes , men being apt to be partial in what immediately concerns themselves , if once private persons be allow'd to make violent opposition , when they think they are injur'd by the magistrate , the world will soon be fill'd with tumults , and the force of laws and judicial procedures will be made void . reason , therefore it self obligeth us to grant some power which must not be resisted ; and it is certain , saith he , in matters of religion the examples of the primitive christians do teach us to suffer patiently any violence offered us by those who are in authority . now considering all that might be said in behalf of st. peter , we shall scarce meet with such another act of hostility , that may seem so excusable . justice , duty , religion seem'd all to countenance what he did . violence was here offer'd to a person , whom he knew to be most innocent , and in whom no other fault could be found , than what malice falsly suggested ; and therefore no wonder , if peter thought fit to do what he could , to rescue him . what he did was in defence of a master , and one , who besides the common ties of duty and gratitude , which might prompt the disciple , had deserved likewise well of him , by many special acts of love and tenderness express'd towards him . and lastly , there seem'd to be true zeal for religion in this attempt ; for he saw they were going to put the messias to death , purposely to stifle the great miracles they had seen him work , to disgrace the heavenly doctrine which he had taught , and to render the whole design of his coming into the world ineffectual . besides , there were other circumstances to plead for him . as they were no magistrates who came to seize upon jesus , so 't is probable he understood not by what authority they acted ; and tho i shall not with some alledge , that the high-priests commission under the roman government was not sufficient in such cases , yet 't is most probable , that peter look'd upon those who came , as the peoples emissaries , and their coming to be an act of their popular rage . lastly , for his intention in what he did , it clearly appears , to have been only in defence of christ's person , without the least design of giving any further disturbance to the government . and yet notwithstanding all that can be said for him , his attempt is censur'd by him , whom he intended to serve in it . and that is recorded as a warning for all christians , to beware of resisting authority , even when their actions aim at nothing but the defence of christ and the gospel . the last and great instance is christ's own carriage at his tryal , in which he fully answer'd the character given him by the prophet , ( isa . . v. . ) he suffered himself to be brought as a lamb to the slaughter ; as a sheep before the shearer , so he opened not his mouth . he question'd not the authority of pilate , he summon'd not legions of angels to come to his assistance , but meekly and humbly submitting to a most unjust sentence , he has proposed himself as a patern to christians , ( pet. . v. . ) for tho it behoved christ according to the scriptures to suffer , yet what was necessary both in respect of god's decrees , and for the benefit of mankind , must be acknowledged voluntary in respect of the sufferer , and ceases not to be imitable . if we will be his disciples , we must trace his glorious footsteps , take up our cross , and like faithful souldiers follow the captain of our salvation , when he calls us . what he requires at our hands is most reasonable , for if we be not able to do great things for his sake , sure it is in our power to command our selves from doing violence to any , to forbear even acting against our persecutors ; and by this means we become sufferers with him ; he approves of no other resistance than what he made himself , and what the scripture ( heb. . v. . ) mentions of , resisting to blood. christ's followers are only to fight his battels in the noble army of the martyrs . and in this , no doubt , we perform a truer act of religion , more acceptable in the sight of god , more agreeable to christ's doctrine and practice , than we are able to do by any other service whatsoever . after our blessed saviour's ascensson , the apostles did carefully observe the rules he left them , their carriage upon all occasions was humble , peaceable , and gentle ; when they were brought before magistrates and governours , they treated them with respect , but did never call their authority in question , nor upbraided them with cruelty and injustice , as we too frequently hear done in our chiefest judicatures . st. paul ( acts . ) having spoken irreverently to the high-priest , who unjustly commanded him to be smitten , while a prisoner at the bar , before trial or sentence , thought it his duty to make an apology , declaring that he knew not the quality of him before whom he stood , and that men were not to speak evil of the ruler of the people . he stood indeed upon his priviledg , and appealed from an inferiour magistrate unto caesar , ( acts . ) but in this he owned the higher powers , which some among us have learned to reject , he pleaded not any exemption by virtue of his apostleship , tho he could not reasonably expect much favour , where a nero was to be his judge . his doctrine of obedience and submission is no less remarkable than his practice ; so that if there were not one word in the writings of all the apostles to this purpose , besides what st. paul has in the first seven verses of the thirteenth chapter to the romans , we might there be sufficiently instructed in the duty of subjects : his positions are so plain , and the arguments , by which he enforces them , are so convincing , that had he lived in our times , and heard all the objections which are raised against the doctrine of submission , he could not have answered them more clearly , nor in fewer words ; and no doubt the spirit of god , which did dictate what he , and st. peter , and st. jude did write upon this subject , had an eye to the degeneracy of latter ages , and design'd to lay such sure grounds of christian obedience , as the wisdom of the world should never be able to shake in those , who are resolved to regulate their lives by the scripture . nor doth it add a little to the weight of their testimony , when we consider the circumstances under which they then were , had the world in those days been govern'd by christian princes , who submitting their scepters to the cross , had gloried in shewing themselves nursing fathers to the gospel in its infancy , their doctrine might then have seem'd suitable to the temper of those they had to deal with ; nor could they have allow'd too much to princes , who were like to use their power for the establishment of the christian religion . or had their princes , tho heathens , been nerva's , antonius's , or aurelius's , persons remarkable for their justice and clemency , there would have been no great inconvenience in this doctrine , but their preaching up submission to such monsters as claudius , or nero , under whose cruelties the roman empire then groan'd , doth clearly demonstrate , that they were not govern'd by political maximes , nor biass'd by any worldly consideration . but on the contrary , that they laid down general and inviolable rules , to be observed at all times , and towards all princes , the froward as well as the gentle ; those who did unjustly persecute them , as well as others that vouchsafed them protection . and certainly in this , and in no other sense , did the primitive christians understand the apostle's words , and were therefore of all subjects the most dutiful to the very worst of princes ; no barbarous usage , no oppression could make them swerve from their first principle of patient submission ; they had always before their : eyes the pattern of their blessed saviour , in every step of his humiliation and sufferings ; nor did they forget what he had taught them , ( john . v. . ) that his kingdom was not of this world ; and that they , being his servants , were not therefore to fight ; they knew he intended no prejudice to the rights of princes , in setting up his monarchy , which is spiritual and eternal . and this puts me in mind of a remarkable passage in a fragment of egesippus , a most ancient christian writer , how domitian , like another herod , being jealous of christ's return to dethrone him , raised an heavy persecution against the church , giving particular order , that such as were of the seed of david , should be forthwith secur'd ; whereupon some , that were related to christ according to the flesh , being brought before him , and examin'd first concerning their own condition , which they easily made appear to be mean and low ; and afterwards concerning the nature of christ's kingdom , they shewed so plainly , that it was not of this world , but commenced properly , when others ended , being spiritual and eternal , that having satisfied the emperour , and freed him from any apprehension of christ's design upon his crown , they themselves were set at liberty , and a stop was immediately put to the persecution . the behaviour of the christians , in those golden ages of the church , never gave any just ground of jealousy to the roman emperours , in all the vicissitudes of that empire , in the frequent rebellions against the government , or conspiracies against the emperour's person ; the christians kept constant to their allegiance . when by siding with such usurpers as cassius , albinus , niger , parthenius , &c. they might not only have freed themselves from bloody yokes , but have also in all probability made sure of large immunities , they could never be wrought on to take arms against the establish'd authority ; they were perswaded , how ill soever the emperours might manage their trust , yet that their commission was seal'd by god. nay sometimes the christians brought upon themselves persecution , by refusing to join with rebels ; as in the reign of adrian , when barochebas and the jews , not being able upon their revolt to engage the christians in their party , turn'd the edge of their sword against the church , killing most barbarously all the christians that they met with , and made them thus martyrs , for the next best cause after religion , if it is not to be called a part of it . now without doubt the many edicts which emperours past in favor of the christians , were grounded chiefly upon such considerations , seeing upon strict enquiry they had never found them engag'd in any plots against the state ; and 't is particularly observ'd of severus , that the kindness , he shew'd to the christians in the beginning of his reign , proceeded from a sense of their dutiful carriage in difficult times , both towards himself , and the former emperours . in fine , the most inveterate enemies of their religion could not deny them this testimony , that in the sharpest persecutions , when they were only suffered to live , to prolong their torments , when a simple death , not accompanied with those horrid cruelties , which were then practised , past for no small favour ; when the streets were filled with the carcasses of martyrs , and the rivers dy'd with the most precious blood of the church , they could never be tempted to rebel . nor was there truly any thing , in which their enemies did more industriously labour , than through despair to draw them into rebellion , that so they might have had the better excuse to cut them off . it grieved the roman emperours to employ their axes and not their swords , and to give their executioners so much work , while their legions were idle , and spill so much blood with so little reputation : but christians knew their duty too well , to give them any advantage in this point ; for the renouncing their religion , or their alledgiance were the only things , wherein they could never be brought to gratify their princes . it were easy to bring many instances in confirmation of what i say , but i shall only pitch upon that famous history of the thebean legion , which tho commonly known , yet can never be either too much admired , nor too often repeated : all the officers and souldiers of this noble legion haveing been converted to christianity by zambdas bishop of jerusalem , during their winter-quarters in those parts , were in the heat of the dioclesian persecution sent from the east , to reinforce the army of maximianus herculeus in france , and understanding upon their arrival in the imperial camp , that a new military oath was to be given them at an heathen altar , purposely to pollute them with idolatry , the whole legion did thereupon retire from the rest of the army : when maximianus commanded them back , mauritius and ex●perius the chief officers answer'd in the name of all , that they were ready to return and fight against his enemies , but being christians , they could not offer sacrifice to the gods. this answer did so enrage the emperour , that he sentenced every tenth man of the legion to be put to death , which was accordingly done , none offering to make the least resistance ; and when the same cruel orders were renew'd , mauritius had so prepar'd them by applauding their former behaviour , that they all answer'd , they were caesar's souldiers , that they had never brought upon themselves the imputation of cowardise , nor deserted their colours ; that they were ready to obey the emperour in every thing , but in offering sacrifice to idols ; and that their bodies he might dispose of as he pleased , only their souls they reserved to christ : then exuperius confirming them in their generous resolution , said , that they did now engage in a new war , and that they must not think to fight their way to heaven with their swords ; tell the emperour , says he , that despair it self shall not be able to engage us against him , we have arms , but we will not resist , because we are willing rather to suffer , than conquer ; preferring much an innocent death , before a life stain'd with guilt . and afterwards making good their own and their officers words , in imitation of their blessed master , they suffer'd themselves to be led as sheep to the slaughter , and received every one a glorious crown of martyrdom . if we compare the meek and christian behaviour of these stout officers and souldiers , with that of our greatest professors , we have reason to bewail the age in which we live , as scarce retaining any tincture of this primitive spirit . what excuse can we bring for men , who pretending to embrace the sacred function of the ministry , and to preach the gospel of peace , have thought fit to appear in arms , surrounded with troops in opposition to christian authority , when we find the officers and souldiers of a legion here throw down their arms , rather than oppose an heathen persecutor ? what could mr. welsch , or the captain of his guard , have alledged in their own behalf , had they heard maunitius upon the head of his legion rejoicing at the patient suffering of those , who died in the first decimation , and exhorting them that surviv'd to follow their example , and not to dishonour their profession , with the guilt of rebellion ? how much more christian was the death of exuperius , who stript himself of his arms , as soon as the emperours commission was produced , than that of mr. cameron , who died with a sword in his hand , resisting his prince ? i dare not say that mr. cameron and this noble officer seem'd to act each others part , seeing exuperius truly perform'd his own , and hath deserved to be celebrated by all posterity , for a christian hero. but i hope m. cameron's greatest friends will not be offended with me , if i declare that in my humble opinion , the manner of his death did give no great lustre to his former actions ; for whatever reputation it may be to a man fighting against turks and infidels in defence of christianity , to be said to have sold his life at a dear rate , yet in giving the character of a faithful minister of christ , i cannot think it much for his honour to mention that he died , as we know m. cameron did , boldly fighting in direct opposition to authority . i am not ignorant how uncharitable some have been , in affirming that the submission pay'd by the ancient christians , flow'd chiefly from their want of power , and that they did not oppose their domitians nor their dioclesians , because they were not in a condition to carry on a rebellion : but 't is a most malicious as well as a false suggestion , only to sully the glory of their sufferings , and to deprive many martyrs of one of the most precious jewels in their crown , by making that submission forced , which was most voluntary . this is directly to tax those sincere christians with disingenuity , as if they had pretended conscience , for what proceeded chiefly from fear or weakness ; while indeed the principles of their religion made them good subjects , and taught them to be more afraid of the guilt than the punishment of rebels . those that were known to pray every day , for a long life , and a peaceable reign to their emperours , could not be supposed to harbour the least thoughts of giving them disturbance , and had their inclinations been at all mutinous , by joining with a disaffected party , which could never be wanting in so great a body , it was in the christians power at any time to have shaken the empire . this we may learn from tertullian , who boasts much of their numbers in his excellent apology . those who by deserting their countrey must have depopulated it , might certainly by fighting have broken the government . in cities where there were two christians to one heathen , as in many then in africk , they needed not have suffer'd themselves to be so cruelly butcher'd , had not their consciences disarm'd them of all weapons of defence against the emperour . the same we may gather from st. cyprian , in that discourse of his addrest to demetrianus ; where he fairly lays down the grounds upon which christians then walked . but granting there had been five heathens to one christian , yet , as tertullian observes , christians readiness to sacrifice their lives might have made up their disproportion in number , had not their religion obliged them rather to dy , than by drawing their swords to kill others . and sure if the christians were considerable so early , as in tertullian's and st. cyprian's time , no question in the latter , and of the third , and the beginning of the fourth century they wanted not strength to defend themselves against the violences then offer'd them under dioclesian and his colleagues , had their religion given them leave to resist . i cannot finish this discourse , without observing that many finding violent practices in matters of religion , utterly condemned by the examples of christ , of his apostles , and of the primitive christians , retire to the old testament , as more favourable to their design : but they never consider that , as many actions are there rather recorded than commended , and which are not to be imitated , tho there be no censure an next to the relations there delivered ; so several things were lawful under that dispensation , which the gospel cannot admit . the government instituted by moses was a theocracy ; where , besides the establish'd laws , god did by immediate inspiration give commission to private persons , to turn magistrates , and to punish offenders , without tying them to any formal procedure ; such was phineas , ( numb . . ) and after him the zealots , whose actions were accounted most heroical among the jews . yet when christ's disciples would have assumed this priviledge in imitation of elias , they met with a check , as i have already observ'd , from their master : and if , according to the opinion of some learned men , peter's action was of this kind , we have still a further testimony of christ's discountenancing such methods , as too violent for the meek spirit of the gospel . and tho the actions of phineas , of elias , and of other prophets , while immediately directed by god , were laudable ; yet afterwards , when their zealots were acted by heat of passion , and private resentment , more than by divine inspiration , to what excess of cruelty and injustice did they rise ! fury and rage under a cloak of zeal pretended to an authority to commit the worst of actions . and josephus informs us , how those , that went under the name of zealots then , were the chief instruments in the ruin of the jewish nation , and in the destruction of jerusalem . now as no religion nor government could be safe under this latter sort of zealots ; so the former were never design'd as paterns for christians , who have settled rules to walk by ; who expect no other revelations than the oracles of god , contain'd in the holy scripture ; and must therefore condemn those that in our days pretend to new lights , and extraordinary commissions , to curb magistrates and reform governments , as seduced by a spirit of enthusiasm , savouring more of anti-christ than of the blessed author of our religion . but tho we should allow men were still at liberty , to imitate those holy zealots , the publick peace will not be much endanger'd by their example ; for by what can be gather'd from most of their actions , they were rather terrible neighbours to notorious transgressors of the law , than undutiful subjects to wicked princes ; they had only permission to do justice upon meaner offenders , but as for the sins of their kings , these were reserved cases , of such god himself thought fit to be the immediate avenger , or at least to ty subjects up from medling with them , until they had his particular commission , which was never granted against their prince , till god , by the authority he reserv'd to himself in that government , had first degraded him . in a word , let us consult the jewish annals , and see , if we can bring any good authority thence , for rising up in arms against magistrates , upon the account of religion ; or whether any of the instances , that are alledged to this purpose , be first in themselves justifiable ; and next , if they be clear evidences in a matter of so great importance : for where the question is , if subjects are to obey or resist , the proofs for resistance ought to be as plain , as those for obedience , before they venture to act ; and this i presume will hardly be made appear from scripture . when jeroboam placed his calves in dan and bethel , and made israel sin ; we find the prophets condemn his idolatry , and foretell the ruin of his house , ( kings . v. . ) but they stirr'd not up his subjects to rebellion against him . elias , as a prophet , took upon him to reprove ahab ; but , as a zealot , he gave him no further disturbance in his government . against all the wicked kings of israel and judah , who were enemies to the pure religion and worship , which god had established , the prophets boldly denounced the wrath of god , but seldom help'd to execute it ; tho under the harshest treatment , when they were hid by fifties in a cave , they never employ'd their popularity to raise sedition , or to involve their countrey in a civil war , either in their own defence , or in that of their religion . when from idolatrous they fell under the yoke of heathen princes and strangers ; they preached up duty and allegiance to such , being persuaded , that these also derived their power from god. and tho the maccabees in opposing antiochus are commended , as the restorers of the ancient worship , and of the liberties of their countrey ; yet i conceive it may be prov'd , that he was an usurper , and had no just title to judea , and that the jewish nation had never , by any legal act , own'd him for their prince . if notwithstanding all that has been said , any among us should still insist upon some actions of the zealots ; which give countenance to resistance , as that of elias , in calling down fire from heaven , to destroy the king's commissionate-officers . i shall only answer , that they also may be allow'd to resist , when heaven appears as visibly in their behalf , as it did here in the prophet's . the world is uncharitable enough to believe , that our zealots would shew some instances of their severity , had they the same power with elias , to command fire from heaven ; and that the king's troops , that have at any time march'd against them , had then died without mercy , after the same terrible manner , that king ahaziah's did , which were sent against the prophet . but hitherto those , that have appear'd in arms against the king , have been so far from giving any evidence of god's fighting for them , or authorizing their proceedings by miracles , that he rather has seem'd to disown them , by casting a damp upon their spirits , when they stood most in need of some extraordinary assistance ; i appeal to those , who were at any of those unhappy engagements against their prince , whether they did not find that heat and flame , which upon other occasions they were able to express , suddenly quencht , when they were just about to act ? have not some of their teachers upbraided them in the psalmist's words , that like the children of ephraim ( psal . . v. . ) being armed , and carrying bows , they turn'd back in the day of battel ? have not the troops , that were sent against them , confess'd , they could not much glory in their victories , because they were so easily obtain'd ? to be plain , i am afraid , we are become equally the object of the world's contempt , and of its hatred ; our late behaviour having brought upon us the imputation of cowardise as well as disloyalty . third consideration . if the persons , for whom i undertook this argument , think fit to reade what has been said upon the first two points , i hope they will not give over here , but will vouchsafe to consider with me , in the third place , whether any obligation , lying upon us from the late covenants , be a sufficient warrant for what we do . now the best method i can propose in this , is to give a brief account of the rise and progress of both covenants , with some impartial reflexions upon them ; in which if my reader will not rest satisfied , he shall have no occasion at least given him to think me tedious . our late soveraign being fully persuaded that no church did approach so near the primitive purity in worship and discipline , as that of england , was resolved to make his native-countrey share in what he judg'd so great a blessing ; and in order to it had a liturgy , and a book of canons , published for the use of scotland ; where he was unhappily made believe , he should meet with approbation from the better sort , and with complyance from all . but the peoples insolent and mutinous behaviour , in affronting and disturbing the persons who were ordered to read the service in the churches of edenburgh , did shew how ill they were disposed to receive it . this popular tumult the first sunday , was soon after back'd with petitions and other marks of their dislike , which obliged the council to advance slowly , until they gave the court advice of what had past . and before the king could come to a resolution in a business of so great importance , such as were no friends to the government , not only ventur'd to publish their dissatisfaction , and to enflame the kingdom with strange jealousies of popery and arbitrary power , but likewise formed themselves into several tables ( as they called them ) of noblemen , gentlemen , ministers , and citizens , and by a new authority took upon them , to sum up all the grievances which they intended should be redressed ; and tho his majesties not urging the liturgy upon that kingdom , when he saw it could not be done in a peaceable way , might have quieted all their minds , yet finding their party strong beyond expectation , they were loth to let slip so favourable a juncture , but boldly resolved to secure themselves against all attempts of this kind , by entering into a national covenant , in which they pretended only to renew that , which had been sworn in the reign of king james . those who adhered to the king's interest , could by no means allow of this manner of proceeding , which appeared equally disingenuous and undutiful . the discontented party alledged in their own behalf , the president given them in the late reign , which the others thought did no ways favour their cause , seeing the covenant then taken was stampt with royal authority , whereas theirs now seem'd directly opposite to it ; for there could not be the least pretence to the king's consent , which they never so much as desired . 't is true , it was upon the humble motion of a general assembly , that the former king's council had order'd the national covenant to be taken the last time , with a bond to maintain the true religion , and the king's person . but this instance of the general assemblies motion , which they laid hold on , was so far from justifying , that it rather condemned their proceedings ; in regard that the general assemblies not enjoyning the covenant , till they had first obtained his majesties consent , made it evident that in the assemblies judgment the oath could not be renewed without that authority which first imposed it ; nor could they expect any sanctuary from the acts of parliament , for it had been declared by more than one , that all who leagu'd themselves together , without the knowledg of their soveraign , were to be punished as movers of sedition , and disturbers of the publick peace . besides their want of authority , they laid themselves open to another most dangerous censure , while under colour of copying a covenant and bond allowed of in the late reign , it plainly appear'd they had not taken their measures by that standard , but had explain'd many things rather according to their own , than king james's , mind , and had also added several new articles of most pernicious consequence , both to the king's person , and the establish'd government . the king's person was endanger'd , in so far , as by their new bond they enter'd into a mutual defence of one another , against all persons whatsoever , without excepting his majesty . this the royal party said was in effect to declare , that if he offer'd to thwart them , they must then oppose him , by adhering to their covenant . nor were they more favourable to the established government , in which they made a wide breach , by taking upon them to cancel all the acts of parliament , and of general assemblies , that authorized the high commission , the five articles of perth , or the sitting of bishops in judicatures . now by these and several other instances of this kind , it seem'd strange with what face they could make their covenant and bond pass for the same with the former kings , seeing it was not to be presum'd that the father design'd to lessen either his own or his son's authority ; nor to teach his subjects how to combine without being rebels ; nor yet to favour the extirpating the articles of perth , and other things after his death , which in his life he had so industriously promoted . whatever influence these pretences might have upon undiscerning people , or such , as gave an implicite credit to whatever their pastors taught them , the world abroad had much different thoughts . nor could all the endeavours that were used to win many of the reformed religion in france , to a good opinion of such courses ; for they having long inveighed against that wicked association at home , call'd the holy league , found their mouths now stop'd , when the protestants , contrary to the principles of our religion , did exactly follow so ill a pattern , set them by papists . besides , they knew not what to think of men , who , setting up for some further degrees in reformation , thought sit to communicate their counsels with cardinal richelieu , whom they in france look'd upon as the most dangerous enemy then alive to the protestant interest ; and indeed how that cardinal's creature , a bigotish fryar , whom he employ'd at that time in scotland , could go along in their counsels , and be so much in the confidence of men , that pretended to root out all the seeds of popery , is a thing yet unaccountable ; and the more to alienate peoples hearts from the new liturgy , they did maliciously give out , that it was forg'd at rome , and approv'd of by the pope . yet the king's friends might have defied them , to shew so much of popish counsel in the framing or introducing that mistaken book , as did appear in the methods they made use of to oppose it . the king perceiving how successfully they carried on their designs , and gain'd many of his subjects to their party , by frighting them with popery and arbitrary power , dispatch'd the marquess of hamilton into scotland , in quality of commissioner , with order , to issue out a declaration , containing all the assurances which could be desired of his majesty's firmness to the protestant religion , together with his engagement upon his royal word not to enjoin the liturgy , nor think of any innovation , unless in such a fair and legal way , as none could reasonably except against . whereupon those of the other party , being apprehensive lest this might remove most of the peoples prejudices against the government , used their utmost endeavours to hinder the marquess from publishing the king's declaration ; and when this could no longer be done , got time enough to form a most bold protestation , by which they labour'd to evade all that was alledged against them , and to justify their whole conduct , declaring roundly , towards the conclusion , that if his majesty did not allow of their proceedings , they were resolv'd of themselves to call a general assembly , which would be more favourable to them . the king's declaration being thus in a great measure rendred ineffectual , and their obstinacy , in adhering to the covenant , growing still greater , a way was thought on how things might be accommodated , without great prejudice to the crown , and the covenant be rendred tolerable ; the royal party therefore proposed , that in the bond of mutual defence against all persons whatsoever , the covenanters , who stood so much upon their loyal intentions , would vindicate them to the world , by excepting his majesty , and declaring , that in their bond they never design'd any opposition to his authority . but this most reasonable demand , the heads of that party could by no means be brought to grant ; and no wonder , if their rejecting so fair and so easy a proposal , gave those , who were enemies to their covenant , occasion to complain , that their practice now began to discover it self inconsistent with what they at first pretended ; for whereas in the covenant they declared from their heart before god and man , that they had no intention , nor desire to attempt any thing , which might turn to the diminution of the king's greatness and authority ; it seem'd hard now to reconcile this and other such expressions , with their threatning , to assume the king 's undoubted prerogative , in calling an assembly , and with their refusing to give the king the satisfaction of excepting him in their mutual bond , even when by his commissioner he so earnestly desired it . there remain'd yet one expedient for the king to ruin all they had done , and this was to renew his father's covenant ; and by this means for ever to defeat their malicious suggestions of his inclinations to popery , which was there so plainly renounced , or at least to make the whole world see , how disingenuous they were , if they offer'd to oppose that covenant , which from the beginning they pretended to have sworn . his majesty , accepting of this motion , was pleased to give his commissioner authority , that at the same time , he recommended the covenant , he should absolutely revoke the liturgy , the book of canons , and the high commission , forbid the practice of the five articles of perth , after a general pardon to such of his subjects , as having been misled , were willing to return to their allegiance ; and lastly , that for examining all their just grievances , he should declare his majesty's gracious intentions to call a general assembly and a parliament , where neither bishops nor others were to be exempted from censure , but proceeded against in a due and legal form according to their misdemeanors . upon the news of the king's covenant , which came thus accompanied with so many and so large expressions of kindness , and with such undeniable marks of his gracious inclinations to purchase his subjects affections at any rate , some who before despair'd of a good issue , and others , who began to shake in their allegiance , were again confirmed , nothing doubting , but that the way to heal the dangerous breach was now found out , and that the jealousies of popery and innovation being sufficiently remov'd , all parties would henceforth concur in expressing their duty to his majesty . but it proved much otherwise with those , who were deeply engaged in the covenant , whom no indulgence could sweeten , nor concession satisfy , with contempt did they reject the proffer of pardon , because accepting thereof might have perhaps argued guilt , and a tacite yielding the point , when they were resolved to insist upon the merits of their cause ; the king's covenant , which had been so dear to the nation in the former reign , and under the shadow of which their new covenant had first taken root , was now cryed down as an hellish contrivance to destroy religion , and the power of godliness , and all that subscribed it , were declared perjur'd , tho they had made their own hitherto pass with the common people for the same ; to be short , all being now at stake , and they like to be ruined by their own arts , it was high time to pull off the mask . finding then that they could no longer pretend the late king's authority , they fled to a greater , protesting their adherence to the new covenant , as immediately sealed from heaven . had they been able to give any evidence for that seal , no wonder if they still made good their party ; but when their prevaricating was already so plain , people were extreamly credulous to rest satisfied in this upon their bare word . i shall only adventure to say , it was no argument of their having the seal of god , because they wanted that of his vice-gerent ; which was indeed a strong presumption against them , and questionless the most zealous espousers of that interest , whatever assurances they seemed to have of god's approving what they then did , will be so ingenuous as to own it a thing of dangerous consequence , for all established governments to give encouragement to pretences of this nature , seeing at this rate all , who design to impose upon the world , may easily seign a warrant from god , and so set up in opposition to authority . that very resolution of adhering to their covenant , which made them fiercely oppose the king's , and reject his act of grace , prompted them to join with his motion for a general assembly , because from thence they were sure to draw some advantage ; and tho the king might justly have refused to make good his proffers , when they had so undutifully rejected the greatest part of them ; yet being willing to gratify his subjects in every thing , the commissioner had order to appoint the time and place . no sooner were they sure of an assembly ( at glasgow , the st of november , . ) but engines were set on work to dispose things for the advancement of the cause : the marquess of hamilton being to preside there for his majesty , proposed some preliminaries to regulate elections , and to prevent such disorders and disputes , as were like to arise , if they observed not one and the same method every where ; these the tables would not hear of , alledging that nothing of this kind could be done , without encroaching upon the liberties of christ and of his church . while at the same time that the king's commissioners preliminaries were rejected , they themselves durst adventure to agree upon eight articles or directions to presbyteries , wherein they determin'd the members that were to be chosen , the matters that were to be handled , and the manner they were to proceed in the assembly , in every one of which all indifferent persons thought the tables guilty of a more open encroachment upon christ and the liberties of his church , than could be charg'd upon the marquess , for his modest and reasonable proposals . amongst other unwarrantable methods , none was more remarkable than their directing lay-elders from every parish , to be present at the several presbyteries , to vote in the election of members for the assembly ; nor could these ruling elders fail to carry the elections as they pleased , if we consider , that six ministers being declared candidates in every presbytery , were obliged to retire , as having no vote in choosing or rejecting themselves , and then the remaining ministers being lessen'd after this manner in number , were plainly out-voted everywhere by the elders . surely this was the first time that ever secular men had the naming an ecclesiastical assembly ; nor needed they have questioned the success , where the business was to be manag'd by no other than their own creatures ; yet contrary to the practice of former assemblies in scotland , contrary to the practice of all churches and ages , they took upon them to go and sit members themselves in the assembly , not only to advise in matters of discipline , for which they might perhaps have brought a president , but also to decide controverted points in divinity , for which , to say no worse , many of them were very ill qualified by their education . and now let the whole world judge if it were not an act of partiality , not to be paralell'd , for them to cry out upon bishops and clergy-men's medling in secular affairs , and do now raise such an outery against the king's supremacy , pretending that it is inconsistent with the nature of spiritual things , to bring them under the government of the secular power : when they themselves , who were secular persons , did so manifestly invade the most undoubted prerogative of the ministry , heavy complaints were given in , of the insupportable yoke of prelacy : but in truth that of secular men , lording it then over god's inheritance , was much more grievous than the former . nor were the wiser sort of ministers among them insensible of this usurpation , only they were asham'd to complain much of the uneasiness of those chains , wherewith they had help'd to fetter themselves . if the brevity , which i propose , would allow me , it might be suitable enough with my design , to give a full account of what past in that memorable assembly , and shew how they confirm'd the covenant there by the same methods , by which it was at first set on foot , and had hitherto been carried on . but it is sufficient at present to observe , that the certain prospect of a fatal issue , both to king and government , if not timely prevented , obliged the king's commissioner to dissolve the assembly within a few days after their meeting . and when he expected compliance , he found them ready with a protestation to continue their sessions , till such time as they had finished the glorious work for which they met ; however , their refusing to obey the king's commands , signified to them by his commissioner , was perfectly inconsistent with what the most eminent among them had said , some days before at the opening the assembly ; for then they exprest in several harangues their sense of the king's bounty and tenderness in bringing them thither : and who can deny but he , who only had authority to call them , could also dissolve them at pleasure ? and tho both are equally royal prerogatives , yet undoubtedly our princes have reason to set the highest value upon their power of dissolving , which has been useful to them upon many occasions ; nor did ever the crown receive so deep a wound , as when our late soveraign parted with this choice prerogative , and so lay at the mercy of a parliament , which the fears of dissolution could only have bridled , and kept them within some compass . but to return to the assembly : when so great a contempt was put upon the king , they went on in a most violent and illegal manner , to excommunicate some of the bishops , and to depose all the rest ; many acts of parliament were rescinded , the determinations of forty years assemblies were declared void ; all persons were enjoin'd to take the covenant under pain of excommunication ; and to give the world a lasting instance of their modesty , they concluded with a letter to his majesty , justifying their whole procedure , and entreating him , that he would look upon them as good and dutiful subjects , and be satisfied with what they had done . no wonder if provocations of so high a nature did beget suitable resentments in the king , who after so much abus'd indulgence , had no way left to maintain his right but by arms ; nor did the covenanters decline a breach , having made early preparation for it ; so that , before the king came to any act of hostility , they seized upon his castles , levied troops , impos'd taxes , and cast off all manner of allegiance ; and even when his majestie 's aversion from shedding his subjects blood , made him , upon the head of a brave and numerous army , yield to terms of as great condescension as necessity could have extorted , and send them home gratified in all their demands , without fighting ; yet new grievances arm'd them again ; and whereas at first they stop'd on the borders , now most boldly they march into england , force their passage at newburn , and refuse to return , until the king agreed to come into scotland , there to pass all his concessions into acts of parliament . his majesty failed not to make good what he promised , and having purchas'd their allegiance at so dear a rate , might justly have challeng'd their entire obedience upon the principles of gratitude , as well as duty ; but upon the woful rupture , which soon after followed , betwixt him and his english parliament , the spirit and temper of our covenanters did discover it self more than ever . far from being satisfied with the great trouble they had occasion'd at home , or with the settlement procur'd to their hearts desire , they cherish the two houses in their unreasonable demands about religion ; and , as it is most ingenuously observed by a late writer of our nation , shew themselves now as violent in pressing england's uniformity with scotland , as they were formerly in condemning the design of bringing scotland to an uniformity with england . 't is not my task to meddle with the differences betwixt the king and his english parliament , which i leave to the excellent pens of that nation ; but sure i am , there was not the least reason for scotland's espousing the parliaments quarrel , or for fomenting their jealousies of a prince , who had so lately given us such undoubted marks of his transcendent bounty , in yielding to all that our covenanters demanded ; besides , by the explication of the covenant , we obliged our selves to assist his majesty in every cause that concern'd his honour ; and so ought to have been thankful for his majesty's condescension , in suffering us to continue neutral ; yet notwithstanding these obligations , the parliament's interest was so dear to our commissioners then at london , that forgetting the quality of mediators , in which they first appear'd , they sided openly with the houses against the king. nor were our ministers at home less partial , our pulpits did ring with curses against some , who were for a neutrality , as enemies to the cause of christ , and the reformation of england ; all were invited to join in so meritorious a work , and at length all sense of duty was so entirely cast off , that the chief promoters of those designs adventur'd to assume to themselves a most undoubted prerogative of the crown , in summoning a convention of estates without the king's leave . from a convention call'd without authority , there was no reason to expect any legal proceedings , or complyance to the king , who yet vouchsafed to approve of their meeting , upon condition , they would observe such limitations , as were prescrib'd in his letter . but the business of england , and the raising an army , being the only things , which he forbid them to meddle with , were the first which fell under their consideration ; and commissioners being sent from the parliament of england to treat about an army , our convention of estates , notwithstanding the king 's special command to the contrary , received them with open arms , agreed readily to their demands , and exprest such an hearty desire of a strict union betwixt the two kingdoms , that their warm consultations did in a few days hatch the solemn league and covenant . it was strange to see a league , which so highly concern'd a king , two kingdoms , differing much in laws and constitutions , and two churches , differing no less in worship and discipline , so easily and suddenly concluded . it was first seen , afterwards approved , and lastly sworn in the general assembly , all within the short period of three days . the ministers made this wonderful unanimity pass with the people for an undeniable testimony of the divine approbation ; tho others , who could never be convinced that the former covenant received its seal from heaven , entertain'd no better opinion of this , but did attribute their agreement only to the dexterous management of the leaders , who had such a powerful influence and authority over the rest , that they seldom fail'd in any thing they proposed . the whole negotiation ended without any debates . yet there was apparent jugling on both hands ; for the english commissioners had a great mind to carry with them a scotish army , but had no liking at all to our presbytery ; and therefore consenting to a reformation , according to the word of god , told one another that they understood well enough what to make of that at home ; the scotish on the other hand designing to get presbytery establish'd in england , cast in the words of reforming , according to the practice of the best reformed churches , hoping this made sure for theirs , as the most perfect model that could any where be found ; our ministers were likewise for abjuring episcopacy as simply unlawful ; but neither the english commissioners then in scotland , nor the parliament or assembly of divines at westminster , thought fit afterwards to declare that institution unlawful : whereupon the article was conceived to import only an abolishing of episcopacy , as it was then in england , without condemning what the primitive church had allow'd in all its purity . to describe all the subtile arts which were used , the manifest elusions and breaches wherewith we charged england , and england us , together with the fatal consequences of this covenant in both nations , would require much pains and leisure . it will suffice at present to make some brief reflections , which may serve to cool our too great fondness of it . all that could be alledg'd against the national covenant was of force against this ; besides many material circumstances to render it yet more inexcusable ; for if we never find subjects lawfully united among themselves , without the prince's leave , much less could the subjects of one nation take upon them to make a league with those of another , contrary to the king's command , and in prejudice of his authority . ought we not to have been contented with the enjoyment of all we could desire at home , without medling in the concerns of another nation , who generally did not appear fond of an alteration , and never were fitted for our church-discipline ? was there no more regard due to a soveraign , who had deserv'd so well at our hands , than even to pursue him out of his native countrey ; and grudge him that liberty of conscience in england , which he had graciously yielded to us in scotland ? we read of many nations that engag'd in wars for the enlargement of their soveraign's empire , or authority over strangers , we alone shall be known to posterity as guilty of helping strangers to shake off the allegiance due to a prince born among our selves . but besides these general reflexions , every one of the six articles , whereof this covenant consisted , lay open to several exceptions . as i. it seem'd hard , that every ignorant person in scotland should be obliged by oath to endeavour the reformation of england , according the word of god and the practice of the best reformed churches . what knowledg , alas ! could persons of so mean capacity or education be presumed to have of differences among reformed churches , of which they were to judge upon oath ! how could they weigh the advantages of holland above geneva , of france above holland , or of scotland above france , and accordingly endeavour the reformation of england ? truly 't is to be doubted that more was here required of the meanest and weakest of the people , than many of our ablest ministers could well have perform'd : how could such persons examine nice questions about church-government according to scripture , which have divided the learned world ? and yet the vulgar were to judge of such , seeing by those rules they swore to proceed . nor do i see any shift , unless we allow them to resign their judgment by an implicite faith in their teachers , which makes no decent evasion for a reformed church . the second article was lyable to the same exceptions with the former : they swore , to extirpate popery , prelacy , superstition , heresy , schism , profaneness , and whatsoever should be found contrary to sound doctrine , and the power of godliness . this i take to have been a very hard task for every one to perform , and more certainly , than ought to be required of any man , in things which are not plain beyond controversy , as all such points were not then amongst them : for we find , that one minister did often inveigh against opinions , as savouring of popery , which another as positively deny'd , charging the contrary opinions , as leading to schism ; and ignorant persons , who under pain of perjury were equally engag'd against schism and popery , must have found strange storms , raised in their minds , and their tender consciences dreadfully rack'd , while they could not understand , which of the opposite opinions they might safely embrace . tho the former part of the third article concern'd things of a quite different nature , yet the objections are much of the same kind , by that all were engag'd to defend the rights and priviledges of parliament : but , alas ! who could expect that common people should be put to determine such , when we hear of debates started frequently concerning priviledges , which the wisdom of our greatest senators is scarce able to accommodate , and seldom is it so done , as to answer all objections , or satisfy every member . suppose a parliament so divided , that it comes to a breach , to what party must the people then adhere , who are not able to judge , which of the two really maintains their priviledges , where both with confidence pretend it , and back their pretences with plausible reasons . nothing could have been more for the peace of the world , than that a greater reverence had been kept up for vows and oaths , by not making them too common : but seeing our fathers would not be satisfied without engaging persons of all ranks in oaths , 't is to be wish'd that ordinary people had only been bound to live peaceably in their stations ; to obey those who by the laws of the land were set over them ; not to countenance division and faction , nor turn states-men and censurers of their superiours : for in these and the like engagements there had only been a further ty laid upon them to perform easy , plain , and necessary duties , suitable to their capacities , without medling in matters beyond their reach . whereas our late covenants did unadvisedly raise such persons above themselves , injoin'd them things they could not discharge , and , contrary to all reason , spurr'd those on to be troublesome , who stood more in need of a bridle to check their natural fierceness , and the ill-grounded opinion they had of their own sufficiency . by the latter part of the third article the subjects allegiance to the king was limited to the preservation and defence of the true religion ; as if princes rights , whatever they are , ought not to be maintain'd without any manner of restriction ; this was a clear diminution of the king 's just power and greatness , and consequently , inconsistent with what they swore before in the national covenant : but how ill they intended from the beginning to maintain the king's power and greatness , their positions as well as their practices do declare . if we look critically into the history of that time , we see manifest gradations in their encroachments upon the royal authority : at their first entring into the national covenant , it was alledg'd , that the body of the nation , consisting of church and state , might unite to resist the king. some years after , when the union betwixt the two kingdoms was so vehemently carried on , it was declared lawful to assist our neighbours in extorting from our soveraign the same terms for them , which of his royal bounty he had formerly vouchsafed to grant us . at last , we advanced a step higher , and boldly maintain'd , that a few associate counties might take arms against the authority both of king and parliament ; and that , having power , they wanted not right , upon all occasions , to curb the excesses of government . now here we may observe that the extravagant proceedings of some western counties , upon these seditious principles , fix'd upon them the name of whigs ; which contemptible mark of distinction was for many years appropriated to us ; till of late that , to the grief of all men , it is become more universal , and has now unluckily crept into the next kingdom ; and , notwithstanding its infamous rise , is there too liberally bestow'd upon some , and too much gloried in by others . thus the barbarous name of guelphs , which had for a long time been given to those in germany that oppos'd the emperour , was at length fatally transplanted from its native soil into italy , a warmer climate , where it took deeper root , and became , for many ages , the fomenter of terrible disorders . but i hope our prince's wisdom will think fit to give an early and effectual check to this and all other names of faction , which insensibly undermine the government , alienate mens affections from one another , make wicked men more desperate , when they see themselves discover'd , especially when by the same means they are enabled to discover the strength and number of their party , besides many other unforeseen inconveniences , which may help to bring us back into our former dreadful confusion . the fourth article did , in the judgment of many , set up a new inquisition , sufficient to make all tremble that were disaffected to the cause ; and 't is plain their violent courses gave too much ground for this complaint : such as out of real conscience towards god , or sense of duty towards their prince , refused to sign the covenants , were , after a strange manner , declared enemies to god and the king , proceeded against as traitors , and forced either to undergo banishment , or languish in prison , while their estates became a prey to those , who appeared most zealous in persecuting them . this inevitable danger obliged many to disguise themselves into a seeming compliance , to what in their hearts they did detest . and these methods being then made use of to settle the purity of the gospel among us , no wonder if there were more of hypocrisy than of the power of godliness in our profession ; or , if god were thereby provok'd to disown us and our cause , and to leave the nation for many years to groan under an heavy bondage . the fifth article , which was for executing justice upon all wilful opposers , falls under the same exceptions with the former , and might be illustrated with too many instances of cruelty , which those times afford us : how were our scaffolds dy'd with the blood of our nobility and gentry , who oppos'd the torrent , and stood up for the royal interest ! how were prisoners of war most unhumanely sentenc'd , and put to death , and all , that were like to create them any trouble , destroy'd without mercy ! i need not descend to any particulars , which are still too well known ; and indeed as i am loth to make strangers acquainted with them , so i wish there could be a curtain drawn to hide such tragical pieces from the view of after-ages . their sixth and last article was a bond of mutual defence against all opposers , without excepting the king ; and this alone might serve to render the whole void : for if the oaths of subjects without the prince's consent , in things relating to the publick , can never bind , much less then , if they directly encroach upon his authority . if a vow could absolve subjects from their duty , or deprive the prince of his right , then we should only be subjects , till we vow'd the contrary ; and thus the world might find a compendious way to shake off all dependance . but as the vowing the violation of any man's property , doth not give us a title to do it , but only renders our oath unlawful ; so where it is in prejudice of the prince , every circumstance helps to condemn us . when those , who retain'd any principles of loyalty , insisted upon this , they did fly to their sincere intentions towards the king : but nothing can so well explain their meaning , as their practices afterwards ; which , for the honour of our nation , ought either to be buried in eternal oblivion , or else so clearly manifested to the world , that the guilty might only be infamous to posterity , while the sounder part of the kingdom recover'd to it its native tincture of honesty and loyalty . having given some short hints of the manner of entering into both covenants , of their nature and design , i am persuaded there needs no further evidence of their unlawfulness from the beginning , or of their many other nullities , to prove that they could lay no obligation upon those very persons , who subscrib'd them ; and if not upon them , much less upon us , who are their children , to stand to what they then did . nor do i indeed find any formal ty upon posterity mention'd in either covenant : for what is alledged from the former , where 't is declared , that they are convinced in their minds , and confess with their mouths , that the present and subsequent generations in this land are bound to keep that national oath and subscription inviolable ; may prove perhaps that such was the opinion of our fathers , but can never make it obligatory with us , seeing the granting this were to put it in every man's power to entail his opinions upon those who come after him : to which none of us , i presume , will be willing to yield . but allowing matter of fact , and that there had been a positive oath made by them in the name of their posterity : yet this oath being by authority declared unlawful , and we forbidden to observe it , the compliance we ow to those whom god has set over us , cancels all obligations of this kind , that our parents could lay upon us . i shall therefore conclude , that seeing our covenants were in so many respects unlawful from the beginning : and seeing there was neither any formal obligation laid upon us by our parents to obscure them ; nor yet their authority in this case allowable , as interfering with the laws of the land , there the least shadow of reason cannot be brought in behalf of any that presume now to renew those covenants , when the contrary is so plainly enjoin'd us by our rescissory act of parliament ; but as such persons proceed not upon rational grounds , so it is in vain to think of reclaiming them by force of arguments ; the government must deal with this frenzy , and in its wisdom find out a cure suitable to so dangerous a distemper , before the infection spreads it self wider . fourth consideration . i should be glad to make an end here , without mentioning the last objection ; not that i apprehend any difficulty in undertaking to answer it , but because i really blush to publish the pernicious and traiterous principles , which some among us have of late taken up , and are not now asham'd to own , that our soveraign has forfeited all right to his crown ; and that his subjects are absolv'd them their allegiance . 't is plain that princes persons and authority are more effectually secur'd by the christian religion , than by all the contrivances of humane policy . fear or interest among heathens were the chief motives to keep subjects within the bounds of their duty , and made them submit , because they durst not rebel . princes had outward obedience pay'd them , which was all they could then either challenge or expect . but the doctrine , taught by our blessed saviour and his apostles , did fasten their crowns much surer , gave them a new title to reign in their subjects hearts , made subjects dutiful , more out of conscience than fear ; and by forbidding resistance under pain of damnation , laid a much stronger ty upon men , than the hazard of lives and fortunes , or all other humane penalties could ever have done : and , no question , had the roman emperours understood how much they were beholden to christianity , instead of endeavouring to extirpate it , they would have protected and encourag'd it ; for as long as christians suffer'd themselves to be govern'd by the maximes which christ left them , princes were truly happy in such subjects . christ did indeed put a sword into his ministers hands , to punish notorious sinners , when he gave them power to excommunicate , or cut men off from being members of the church , in depriving them of the benefits and publick exercise of their religion : and there being no exemption granted to any person , kings and emperours themselves were to fall under this heavy censure , when their offences deserv'd it . but tho ministers had the courage to shut them sometimes out of church , as st. ambrose did theodosius the great , yet they did not pretend to thrust them off their thrones , or wrest their scepters out of their hands . they knew that their authority was only spiritual , and did not therefore meddle with those priviledges , which they enjoy'd as princes ; but readily obey'd , in all other cases , those whom they excluded from their assemblies ; and thus they kept within the limits , prescrib'd by christ , for near a thousand years . when the spirit of christianity was afterwards quite spent , and religion had put on a new face , the riches and ambition of the roman hierarchy made them stretch their authority further than christ design'd it ; and then did they begin to declare , that princes , falling under the censure of excommunication , did forfeit their crowns and all other their temporal as well as spiritual priviledges . the great advances gregory the seventh and his successors made in several attempts of this kind , and their vanity to see themselves on a sudden raised to an universal monarchy , made them vigorously pursue such courses , and thunder their sentences of excommunication and forfeiture so liberally , that , upon every slight occasion , princes were laid aside , subjects absolv'd from their allegiance , and crowns and scepters freely dispos'd of , when and to whom they pleased ; so that under colour of maintaining christ's prerogative , they refus'd to give unto caesar what was caesar's , far from paying tribute , as christ had done , kings were forced to turn their tributaries ; and , by setting up a new power in every kingdom , they made princes , contrary to the intention of christ and the gospel , great losers by the christian religion . under these heavy pressures had the christian world for several ages groan'd , when god raised up a spirit of reformation in our fathers , who , among the manifold corruptions of rome , observ'd the ill treatment princes had there met with , and resolv'd that , in restoring to christianity its ancient lustre , princes should again be possest of the prerogatives entail'd upon them by the gospel . this made the first reformers inveigh so bitterly against the usurpations of that see , and enforce upon subjects allegiance and submission as duties , from which none upon earth could absolve them ; and we have reason to believe that the justice , then done to princes , prov'd under god an effectual means to rescue many nations from the roman yoke . nor was duty to princes only preacht up at first , but it has ever since continued as a fixt principle in the best reformed churches , where , next to the purity of their doctrine and worship , relating immediately to god , they have all along gloried most in the loyalty of their religion , for laying indispensible ties of obedience upon men towards his vicegerent . so that , as it passes with many for a maxime , that papists , acting according to the principles of their church , can hardly be good subjects , 't is most certain that protestants , who are not conscientiously dutiful and loyal , swerve from the principles of the reformed religion ; and tho there are , alas ! too many instances of such , both at home and abroad , yet their corrupt practices must not stain the purity of the doctrine , by which they stand condemned . but while i ascribe to the reformed religion the honour of reestablishing princes in their rights , i am sorry any of my countreymen should renounce their share in it , by pretending that our soveraign has forfeited his crown , and that we are freed from our allegiance . these , alas ! are words not hitherto known amongst orthodox protestants , but as they meet with them in impious and condemned writers . let us consult the confessions of all the reformed churches in the world , and see if any of them teach this doctrine . let us send an impartial account of our case , with the nature of our monarchy , to all the protestant universities abroad , whether in england , france , germany , holland , switzerland , or geneva , and try if we can have the testimony of any one society to confirm us in this tenet . let us see if we can meet with one eminent protestant divine , one single person of credit and learning , that will own himself of this persuasion . if we look back to the doctrine or practice of the church in the primitive times , we can find nothing there that makes for our purpose . neither heresy nor idolatry in those days did make void princes right to govern . constantius , an arrian , and julian , a renegade , were own'd for emperours by those , who detested their impieties , as much as jovianus or theodosius , who were orthodox . the more degenerate ages , and the most corrupt part of the church first taught us the principles , upon which some of us now go . we must look no higher than hildebrand , and apply our selves only to prostitute canonists and jesuits for testimonies and arguments to prove that princes can so easily forfeit their crowns ; for i know there are many well-meaning papists , if not whole national churches , that will utterly reject this monstrous doctrine . and truly then 't is hard that we , who look upon our selves as the most thorowly reform'd , should contemn the pattern set us by the ancients , diffent from all our brethren , and side with the greatest enemies of our religion in a point , for which they have been so much expos'd . now no wonder if we run into strange absurdities , when the whole matter is granted upon false suppositions : first , we will have the king 's right to commence only from the time of his coronation : then we will have the coronation a compact or agreement with the people , by which the prince forfeits his right , if he do not duly perform his part : and lastly , we seem to make the late covenant pass for the coronation oath : all which are inexcusable mistakes . first , our laws admit of no interregnum , but date the beginning of one king's reign from the very instant that another expir'd , it being an axiom with us , and in all other hereditary monarchies , that the king never dies . the fatal blow , that depriv'd us of our late soveraign , put the crown immediately upon his son's head : from that minute we were obliged to pay the same duty to our present soveraign , which till then we ow'd to his father ; and they , who resisted him before his coronation , were rebels as well as these who have done it since . whatever therefore a coronation might have been anciently , 't is now only look'd upon in the nature of an instalment , upon which our prince's title to reign doth no ways depend ; else it would be the first thing they would go about : whereas it is ordinarily put off till such time , as it can be performed with the most solemnity . in the second place it appears by this , that the coronation is no such compact as destroys the prince's title , if he fail in his part ; for where he has his crown by inheritance , his coronation is the effect of his title , but not his title of his coronation , which can never make him lose what it did not give him ; nor yet weaken the right , which he had upon his predecessor's death . as our king ows his crown to his birth , and not to any suffrage or mutual agreement with his people ; so 't is ridiculous to imagine that his coronation alters his right , and makes that conditional , and capable of being lost , which was before absolute and hereditary . in a word , if the reign of our princes commenced only from the time of their being crown'd , they would be in uneasy and dangerous circumstances till that were over : but , on the other hand , if their coronation limited their birth-right , or made , their title more precarious , they would contrive to have this solemnity among the last performances of their lives . lastly , in the business of the covenant there is a double fallacy ; first , in making it pass for the coronation oath ; and secondly , in inferring a forfeiture of the crown , where the coronation oath is broken . when we complain of the king 's not making good the covenant , we affirm that he has thereby cancell'd his right to govern , which yet , according to our own supposition , is not true , unless we allow the covenant to be the coronation oath . but this is absurd , seeing the covenant is a new thing , never heard of by his majestie 's royal ancestors , who did all take an oath at their instalment ; and as his title to the crown differ'd in nothing from his father's and his grandfather's , so ought his coronation oath to have been likewise the same . but if we took upon us to alter it , or to add the covenant as a new clause , no wonder if his majesty question'd what we did without authority , and refus'd to confirm since , what was extorted from him during the rebellion . this is certain , that had our representatives in parliament considered the covenant , either as a part of his majestie 's coronation oath , or as an oath lawful in it self , and lawfully impos'd upon the king and his subjects , they would never have order'd it to be abjur'd , nor have declar'd that there lay no obligation either upon prince or people to observe it . secondly , a forfeiture of the crown doth not follow upon a breach of the coronation oath ; because , as i already observ'd , the king has his crown by inheritance , not by election ; and his right , being of a more ancient date , can never depend upon what followed . the king was oblig'd to be a just prince , and we to be dutiful subjects , before that pretended agreement at his coronation ; and if he should have fail'd in his part , yet we were bound to make good ours , even before we swore any oath of allegiance . i confess the king's oath is a further confirmation of his duty , and if he were guilty of any such breach , it would much aggravate his sin ; but god , before whose tribunal he must stand , can only call him to an account for it : he is the minister of god , acts by his immediate commission , and he alone can cancel it . to god he forfeits his crown , if he should be found to manage it ill ; and in this case we were patiently to wait till heaven thought fit to remove him , remembring that the greatest injury and breach of trust was to god who employ'd him . but supposing a forfeiture , how come the people to claim the benefit of it , or to pretend themselves his heirs ? in some extraordinary cases , such as frenzy , or the like , the safety of the kingdom may require an extraordinary remedy , as at present in portugal , yet even where the king's insufficiency makes him unable to govern , subjects are not freed from their allegiance ; if there remain any that have right to govern as administrators in his name , their station is still the same ; no personal fault nor defect in the prince can dissolve the government , nor leave people to an entire liberty of choosing whom they will obey . now after all , we are as little able to prove a breach upon the king's part , as we are able thence to infer a forfeiture . his majesty did swear to govern according to the fundamental laws of the kingdom ; nor can we shew where ever he has broken them . has he not , in matters of difficulty , vouchsafed to recur to his great council ? has he not suffer'd the laws to have their free course ? has he ever invaded any man's property , or deny'd any man justice ? has he ever delighted in bloodshed , or given us one instance of his cruelty ? so far has he been from giving occasion to these cursed aspersions of tyranny and oppression , which the enemies of our peace do with equal malice and falsehood cast upon his government , that if , without breach of duty , we durst complain of our prince , it should be of his too great indulgence , which has hurt both himself and us : for 't is plain that factious spirits have adventur'd to disturb our quiet , out of hopes of impunity . but he has arrogated to himself , say some , king jesus's right , in offering to meddle with spiritual affairs . after this manner did gregory the seventh charge the emperour henry the fourth , when he only maintain'd the prerogatives of his crown . has he meddled more with spiritual affairs than other princes have done ? eusebius thought it for the honour of constantine to set down his words in an assembly of bishops , where he called himself a bishop appointed by god , to see to the outward settlement of the church : and must it be an encroachment upon christ in his majesty , to do what was so much commended in that great emperour ? did his majesty arrogate to himself christ's right , in rejecting that form of government which was brought in by rebellion , or in restoring that order and decency , which were then banish'd ? did he arrogate too much to himself , in being zealous to perform his martyr'd fathers will , or to suppress schism ? in these things , sure , he acted rather in the quality of a nursing father , and discharg'd no small part of his trust ; for what more acceptable service could he have done to christ , than to interpose his royal authority , in promoting a blessed uniformity amongst us ? there remains yet one strange article against his majesty , such an one as i 'm confident the world has not hitherto been acquainted with , and that is the sentence of deposition lastly past upon him in a pretended convention of estates , as we learn from the lanrick declaration . but seeing we have so lame an account of this business , i hope they will be pleased to tell us , when , where , and by what authority that assembly was call'd , of whom it consisted , what lords spiritual and temporal sate there : for without them , in our government , there can be no convention of estates : who presided there in his majestie 's name ; it being also necessary that he should have had his representative . in the mean time , before an answer be returned to these enquiries , we are fully satisfied , that as they met without the king's authority , and upon a most wicked design , so their rebellious conventicle must not be called a convention of estates : it was a second high court of justice , and another bradshaw no doubt was their president ; this arraign'd the king , as the former did his father ; nor could he have escap'd their barbarous cruelty , had he been within their reach . the extravagant proceedings at westminster against our late royal martyr , have neither been so much for the glory of our neighbours , nor for our own interest , as to tempt any among us to follow their black example , and act the second part of a tragedy , which nothing , in modern nor ancient history , can parallel ; and upon which it was hop'd posterity would have look'd back with horrour . but the members of the late mock-convention among us , have , to their eternal infamy , approv'd of what was done in the high court of justice , by their attempting to renew it : and when all true protestants and good subjects would be willing to buy off the guilt and ignominy of that atrocious crime at any rate , these men would help to transfer it upon us , or at least would have us engag'd in a villany of the same kind . our own history furnishes us already with too many instances of kings either assassinated , poison'd , or kill'd in open rebellion ; but never , till of late , were we known to put off all sense of modesty as well as duty , and , in contempt of divine and human laws , to trample upon the throne , arraign our soveraign before us as a criminal , and , by a sacrilegious usurpation of god's right , pass sentence of deposition upon him . what apprehensions must the moderate protestants abroad have of our zeal , when they hear of this dreadful sentence of deposition , and that of excommunication issu'd out by cargil , in the name of the true presbyterian kirk of scotland ? the former forbidding us to obey the king , and the latter to pray for him . with what amazement will it strike them , when they see the utmost extent of these sentences , which begin with the king , but bring in the best part of the kingdom , all officers of the crown , privy councellors , judges , magistrates , officers of the army , guards , and other souldiers , who are more immediately mark'd out for destruction , as being either persons in trust , or adherers to the government ? nor are the orthodox clergy , men everywhere sacred by their profession , to be here exempted ; with them they have begun , and shew'd in the person of our late most reverend metropolitan , what the rest may expect , if the malice of that party be once arm'd with power : so that before these sentences be executed according to their full extent , we are like to be in the lamentable condition of the egyptians , we shall not have an house without some one or other dead in it ; only in this we differ , the angel of the lord destroy'd their first-born , whereas we are design'd to destroy one another . it is really strange how men , that have thus shaken off all the ties of religion and nature , and own such bloody and desperate principles , are not sometimes afraid , lest our neighbours , when these things are published abroad , should take the alarm , and join with those in danger at home , to cut them off as avow'd enemies to their native prince , their country , and their friends , and consequently to all mankind : but as they appear yet to be only persons of mean quality , and not very numerous in respect of the rest of the kingdom , so the pitch of extravagance , which they are now arriv'd at , secures them in a great measure from vengeance , and makes them the objects of pity , as persons distemper'd with a violent phrenzy , and who , for the publick safety , are to be kept in chains , rather than destroy'd , and treated as brainsick persons , till they recover . and truly it may be worth our governours time to consider , whether any so proper method has been yet thought of for such , as to remove them from prisons to houses of correction ; not to do them the honour to bring them before judicatures to revile the higher powers , nor to pillories nor scaffolds , to confirm the rest of their party by their obstinate sufferings ; not to condemn them to dy as martyrs , but to continue under severe task-masters , till time , hard labour , and the seasonable discourses of discreet persons , appointed for this purpose , may , by god's blessing , prove the effectual means to cool their heats , remove their scruples , and restore them again to their right wits . finis . the last speeches of the two ministers mr. john king, and mr. john kid, [brace] at the place of execution at edenburgh on the th day of august, . king, john, d. . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing k estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the last speeches of the two ministers mr. john king, and mr. john kid, [brace] at the place of execution at edenburgh on the th day of august, . king, john, d. . kid, john, d. . 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reviewed and edited - pfs batch review (qc) and xml conversion the last speeches of the two ministers mr. john king , and mr. john kid , at the place of execution at edenburgh on the th day of august , . printed in the year , . the publisher to the reader . having observed that of late years it is become customary to publish the dying speeches of such as have been in a publick manner executed as criminals ; i thought the sight of these speeches ( not as speeches or discourses only , but ) as the speeches of these two ( so much talk'd of ) men , would to most be very acceptable ; all persons i believe being curious to know what they would say in their circumstances , i did not think it necessary to make any animadversions upon them , but lea●e it to the 〈◊〉 of every reader to make his own remarks , ( it being as easie to animadvert in this case as to read ) i would as unwillingly impose my comment upon others , as i would be imposed upon my self . farewel . the speech of mr. john king . men and brethren , i do not doubt but that many that are spectators here , have some other end , than to be edified by what they may see and hear in the last words of one going to eternity ; but if any one of you have ears to hear , ( which i nothing doubt but some of this great gathering have ) i desire your ears and attention , if the lord shall help and permit me to speak , to a few things . i bless the lord , since infinite wisdom and holy providence has so carved out my lot to dye after the manner that i do , not unwillingly , neither by force : it 's true , i could not do this of my self , nature always having an inclination to put the evil day far off , but through grace i have been helped , and by this grace yet hope i shall : 't is true , through policy i might have shunned such a hard sentence , if i had done some things ; but though i could i durst not , god knows , redeem my life with the loss of my integrity and honesty . i bless the lord that since i have been apprehended and made a prisoner , god hath very wonderfully upholden me , and made out that comfortable word , fear not , be not dismayed , i am with thee , i will strengthen thee , i will uphold thee by the right hand of my righteousness , isaiah . . i thank the lord he never yet gave me leave so much as to have a thought , much less to seek after any shift that might be in the least sinful : i did always , and yet do judge it better to suffer affliction with the people of god , than to enjoy the pleasures of sin for a season ; therefore i am come hither to lay down my life ; i bless the lord i dye not as a fool dyeth , though i acknowledge i have nothing to boast of in my self : yea i acknowledge i am a sinner , and one of the chiefest that hath gone under the name of a professer of religion ; yea amongst the unworthiest of those that have preached the gospel ; my sins and corruptions have been many , and have defiled me in all things ; and even in following and doing of my duty , i have not wanted my own sinful infirmities and weaknesses , so that i may truly say , i have no righteousness of my own , all is evil and like filthy rags ; but blessed be god that there is a saviour and an advocate , jesus christ the righteous , and i do believe that jesus christ is come into the world to save sinners , of whom i am the chief , and that through faith and his righteousness i have obtained mercy ; and that through him , and him alone , i desire and hope to have a happy and glorious victory over sin , satan , hell , and death ; and that i shall attain unto the resurrection of the just , and be made partaker of eternal life . i know in whom i have believed , and that he is able to keep that which i have committed unto him against that day . i have , according to my poor capacity , preached salvation in his name ; and as i have preached , so do i believe , and withal my soul have commended it , and still do commend to all of you the riches of his grace , and faith in his name , as the alone and only way whereby to come to be saved . it may be many may think ( but i bless the lord without any solid ground ) that i suffer as an evil-doer , and as a busie body in other mens matters ; but i reckon not much upon that , having the testimony of my own conscience for me . it was the lot of our blessed saviour himself , and also the lot of many of his eminent precious servants and people to suffer by the world as evil-doers : yea i think i have so good ground not to be scar'd at such a lot , that i count it my non-such-honour ; and oh what am i that i should be honoured so , when so many worthies have panted after the like , and have not come at it : my soul rejoyceth in being brought into conformity with my blessed lord , and head , and so blessed a company in this way and lot ; and i desire to pray that i may be to none of you this day upon this account a stone of stumbling , and a rock of offence ; and blessed is he that shall not be offended in christ and his poor followers and members , because of their being condemned as evil doers by the world. as for these things for which sentence of death hath past against me , i bless the lord my conscience doth not condemn me , i have not been rebellious , nor do i judge it rebellion for me to have endeavoured in my capacity what possibly i could for the born-down and ruined interest of my lord and master , and for the relief of my poor brethren afflicted and persecuted , not only in their liberties , priviledges , and persons , but also in their lives ; therefore it was that i joyned with that poor handful ; the lord knows , who is the searcher of hearts , that neither my design nor practice was against his majesty's person and just government , but i always studyed to be loyal to lawful authority in the lord , and i thank god my heart do●h not condemn me of any disloyalty ; i have been loyal , and i do recommend it to all to be obedient to higher powers in the lord. and that i preached at field-meetings , which is the ground of my sentence ; i am so far from acknowledging that the gospel preached that way was a rendezvous of rebellion , as it is so tearmed , that i bless the lord that ever he counted me worthy to be witness of such meetings ; which have been so undoubtedly countenanced and owned , not only to the conviction , but even to the conversion of many ; therefore i do assert , that if the lord hath had any purer church in the land than other , it hath been in and amongst these meetings in fields and houses , so much now despised by some , and persecuted by others . that i preached up rebellion , and taking up arms against authority is untrue , i bless the lord my conscience doth not condemn me for that ; this never being my design ; if i could have preached christ , and salvation through his name , it was my work ; and herein have i walked according to the light and rule of the word of god , as it did become me , though one of the meanest of the ministers of the gospel . i have been looked upon by some , and represented by others to be of a divisive , and factious humor , and one that stirred up division in the church , but i am hopeful that they will all now give me their charity , being within a little to stand before my judge , and i pray the lord forgive them that did so misrepresent me ; but i thank the lord what-ever men have said against me concerning this , that on the contrary , i have often disswaded from such ways and practices , as contrary to the word of god , and of our covenanted and reformed religion ; and as i ever abhorred division , and faction in the church , as that which tends to its utter ruine , if the lord prevent it not . so i would in the bowels of my lord and master , if such an one as i am may presume to perswade , and exhort both ministers and professors ; if there be any consolation in christ , if any comfort of love ; if any fellowship of the spirit , if any bowels and mercies that you be like minded , having the same love , being of one accord , of one mind in lowliness of mind ; let each esteem others better than themselves , phil. . . harmoniousness and honesty in the things of god , can never enough be sought after , and things that tend to the prejudice and hurt of christs interest , can never enough be fled from and avoided . and as i am come hither willingly to lay down my tabernacle , so also i die in the belief , and faith of the holy scriptures , and in the faith of the apostles , and primitive christians , and protestant reformed churches , and particularly the church of scotland , whereof i am a poor member : that have been so wonderfully carried on against so many oppositions , by the mighty power and goodness and wisdome of god , i bear my witness and testimony to the doctrine and worship , discipline and government of the church of scotland , by kirk sessions , presbyters , synods with assemblies . here he also bore his testimony to the solemn league and covenant . also i bear testimony to our publick confessing of sins , and ingagements to duties , and that either as to what concerns the reformation of the whole church in general , as also the causes of gods wrath , the neglecting of which is feared , to be one of the greatest causes of gods wrath this day against the land : i also give witness and testimony unto the protestation , given in against the receiving the malignant party into places of power and trust , contrary to our solemn ingagements , and obligations to god , also i adhere unto our confession of faith , larger and shorter catechisms . i witness my testimony against popery , which is so greatly increased , yea so much countenanced , and professed openly by many , and that without the least punishment ; i bear witness against the antichristian prelacy now — established by a law contrary to our vows to almighty god , and against defending all our solemn oaths , and ingagements , as a thing that calls for divine vengence . here he bore witness against all oaths contrary to the covenant : and then proceeded thus . also i bear my testimony against all error , schisme , heresie , contrary to our ingagements to god , and especially against that reviving again , and soul deluding evil or rather devilry quakerisme so much connived at , if not allowed and countenanced by many , whose office it is to restrain it , as also against all the steps and courses of backslidings , defections , which have been and now are on foot in the land , and against all branches and parties thereof , under whatsoever name or notion ; moreover , i bear my testimony to all the testimonys both formerly and of late , by suffering and banished witnesses , and to all the testimonies by our first suffering gentlemen , noble-men , and others , that have suffered in this city and kingdome , who chearfully laid down their lives with admirable divine assistance , and all those who have laid down their lives , as also to those who have sealed their testimony , either with suffering imprisonment or banishment upon this account , score , and quarrel . here he bore his testimony against their act of supremacy . as also i bear my testimony against the cess imposed by the late convention of estates , whereby the enemies of christ , and his church , are supplyed with all necessaries , for the utter extirpating of the interest of christ in this church . and there is one thing more i would say , that the lord seems to be very wroth with the land. the causes are many , first the dreadful sleights our lord jesus christ , has received in the offers of his gospel . secondly , the horrid profanity that has overspread the whole land , that not only religion in its exercise , but even common civility is gone . thirdly , there is the horrid perjury in the matters of our vows and ingagements , it s to be feared will provoke the lord to bring his sword upon these lands . fourthly , the dreadful formality and stupidity in the duties of religion , which is introduced , like that which came upon the careless daughters . fifthly , horrid ingratitude , what do we render to him for his goodness ? is not the most of all that we do , to work wickedness , and to strengthen our selves to do evil , and want of humility under all all our breaches ? we are brought low , and yet we are not low in the sight of god , what a dreadful covetousness , and minding our own things more than the things of god , and that amongst all ranks ? would to god that there were not too much of this among many , who are enemies to the cross of christ , and mind earthly things . and yet i dare not say , but there are many faithful and precious to him in scotland , both of ministers , and professors , whom i trust god will keep stedfast , and who will labour to be found faithful to their lord and master , and whom i hope he will make a brazen wall and iron pillars , and as a strong defenced city , in the following of their duties in these sad evil times ; but it were to be wished , that there were not too many to strengthen the hands of the evil-doers , and make themselves transgressors , by endeavouring to build again that which formerly they did destroy ; but let such take heed of the flying roll , zach. . and let all the lords servants and ministers take heed that they watch , and be stedfast in the faith , and quit themselves like men , and be strong , and set the trumpet to the mouth , and give seasonable and faithful warning to all ranks concerning sins , and duties , especially against the sins of this sinful time : it is to be lamented and sadly regretted by many of the lords people , that there has been so much silence and fainting , even amongst ministers of how great concernment it is ; now in this sad juncture , let ministers consider well , what it is that god calls for at their hands ; to be silent now , especially when so many cruel and horrid things are acted , when they are so much called , and ought to be concerned to speak even upon the peril of their lives , certainly a dreadful sin in the light of god , their silence must be . i shall only desire that the lord would open the mouths of his faithful servants , that with all boldness , they may speak out the mind of their master , that so the work , interest , crown and kingdome of our lord jesus christ , may not be destroyed , and that the troubles of his poor people , which are precious to him , may not without a testimony be ruined ▪ i shall but say a few words . first , all you that are profane , i would seriously exhort you that you return to the lord by serious repentance ; if you do , iniquity shall not be your ruine ; if you do not , know that the day of the lords vengeance is near and hastneth on ! oh know for your comfort , there is a door of mercy yet open , if you be not despisers of the day of salvation . and you that have been , and yet are , reproachers and persecutors of godliness , and of such as live godly ; take heed , oh take heed , sad will be your day , when god arises to scatter his enemies , if you repent not for your ungodly deeds . secondly , all those who are taken up with their own private interests , and if that go well they care the less for the interest of christ , take heed and be zealous , and repent , lest the lord pass the sentence , i will spew you out of my mouth . thirdly , for the truly godly , and such as are lamenting after the lord , and are mourning for all the abominations of this city , and are taking pleasure in the very rubbish and stones of zion , be of good courage , and cast not away your confidence , i dare not say any thing to future things , but surely the lord has a handful that are precious to him , to whom he will be gracious ; to these is a dark night at present , how long it will last the lord knows ! oh let not the sad disasters , that his poor people meet with , though very astonishing , terrifie you , beware of snares that abound , cleave fast to your reformed religion , do not shift the cross of christ , if you be called to it , it is better to suffer than sin , account the reproaches of christ greater riches than all the treasures of the world. in the last place , let not my death be grievous to any of you , i hope it will be more profitable both for you and me , and for the church and interest of god , than my life could have been . i bless the lord , i can freely and frankly forgive all men , even as i desire to be forgiven of god , pray for them that persecute you , bless them that curse you . as to the cause of christ , i bless the lord i never had cause , to this day , to repent for any thing i have suffered , or can now suffer for his name . i thank the lord who has shewed mercy to such a vile sinner as i am , and that ever he should advance me to so high a dignity , as to be made a minister of his blessed and everlasting gospel ; and that ever i should have a seal set to my ministry , upon the hearts of some in several places and corners of this land : the lord visit scotland with more and more faithful pastors , and send a reviving day unto the people of god ; in the mean time be patient , be stedfast , unmovable , always abounding in the work of the lord ; and live in love and peace one with another , and the lord be with his poor afflicted groaning people , that yet remain . now i bid farewell to all my friends , and dear relations ; farewell my poor wife and children , whom i leave in the good hand of him who is better than seven husbands , and who will be a father to the fatherless . farewell all creature comforts , welcome everlasting life , everlasting glory , welcome everlasting love , everlasting praise ; bless the lord , o my soul , and all that is within me . sic subscrib . john king. august , th . . tolbooth , circa horam septimam . the last speech of mr. john kid . at the place of execution , on the fourteenth day of august . printed in the year , . the speech of mr. john kid . right worthy and well beloved spectators and auditors . considering what bodily distempers i have been exercised with since i came out of the torture , ( viz. ) scarce two hours out of my naked bed in one day , it cannot be expected , that i should be in case to say any thing to purpose at this juncture , especially seeing i am not as yet free of it , however i cannot but reverence the good hand of god upon me , and desires with all my soul to bless him for this my present lot. it may be there are a great many here that judge my lot very sad and deplorable . i must confess death it self , is very terrible to flesh and blood , but as it is an out-let to sin , and an in-let to righteousness , it is the christians great and inexpressible priviledge , and give me leave to say this , that there is somthing in a christians condition , that can never put him without the reach of insufferableness , even shame , death , and the cross being included . and then if there be peace betwixt god and the soul , nothing can damp peace with god through our lord jesus christ , this is a most supporting ingredient in the bitterest cup , and under the sharpest , and firiest tryal he c●n be exposed unto ▪ this is my mercy , that i have somthing of this to lay claim unto , viz. the intimations of pardon , and peace betwixt god and my soul. and as concerning that , for which i am condemned , i magnifie his grace , that i never had the least challenge for it , but on the contrary , i judge it my honour , that ever i was counted worthy to come upon the stage upon such a consideration ; another thing that renders the most despicable lot of the christian , and mine sufferable , is a felt and sensible presence from the lord , strengthening the soul when most put to it , and if i could have this for my allowance this day , i could be bold to say , oh death where is thy sting , and could not but cry out welcome to it , and all that follows upon it : i grant the lord from an act of soveraignity may come , and go as he pleases , but yet he will never forsake his people , and this is a cordial to me in the case i am now exposed unto . thirdly , the exercising and puting forth his glorious power , is able to transport the soul of the believer , and mine , above the reach of all sublunary difficulties , and therefore seeing i have hope to be kept up by this power , i would not have you to look upon my lot , or any other that is or may be in my case , in the least deplorable , seeing we have ground to believe , that in more or less he will perfect his power and strength in weakness . fourthly , that i may come a little nearer to the purpose in hand , i declare before you all , in the sight of god , angels and men , and in the sight of that son and all that he has created , that i am a most miserable sinner , in regard of my original and actual transgressions . i must confess they are more in number then the haires of my head. they are gone up above my head , and are past numbering , i cannot but say as jacob said , i am less then the least of all gods mercies , yet i must declare to the exalting of his free grace , that to me who am the least of all saints is this grace made known , and that by a strong hand , and i dare not but say he has loved me , and washed me in his own blood from all iniquities , and well is it for me this day , that ever i heard or read that faithful saying ; that jesus christ , came into the world to save sinners , of whom i am chief . fifthly , i must also declare in his sight , i am the most unworthiest that ever opened his mouth to preach the unsearchable riches of christ in the gospel . yea the sense of this made me altogether unwilling to fall about so great a work , until by the importunity of some whose names are precious and savoury to me and many others , i was prevailed with to fall about it , and yet i am hopeful not altogether without some fruit , and if i durst say it without vanity , i never found so much of the presence of god upon my spirit , as i have found in exercises of that nature , though i must still confess attended with inexpressible weakness , and this is the main thing for which i must lay down my tabernacle this day , viz. that i did preach christ and the gospel in several places of this nation ; for which i bless him ( as i can ) , that ever such a poor obscure person as i am , have been thus priviledged by him , for making mention of his grace as i was able . sixthly , give me leave to add this word farther , that though there be great appearances , for spreading and preaching this glorious gospel , yet i fear there is a snare at the bottom , and poyson in that dish which may gender , and be productive , of not only greater scarcity of honest preaching and preachers , but a real famine of the word , this i say is my fear , and i hope god will keep his servants and people from fomenting any thing to the detriment of the gospel . seventhly , i am also afraid that the lord is intending to multiply his stroaks upon the land , we have walked seven times contrary to him , and therefore we may lay our account ( unless repentance prevent it ) that he will walk seven times contrary to us , there is more and more grounds to fear that a sword is brandished in heaven , a glittering sword , sharpned and forbished against the guilty and harlot scotland . eightly , as for the fifth cause in my indictment , upon which my sentence of death is founded , ( viz. ) personal presence , twice or thrice , with that party whom they call the rebels ; for my own part i never judged them such : i acknowledge and do believe there were many there that came in the simplicity of their hearts , like those that followed absolom long ago , and i am as sure on the other hand there were a great party there that had nothing before them but the repairing of the fallen work , and the restoring the breach , which is wide as the sea , and i am apt to think that such of these who were most branded with mistake , will be found to be most single : but for rebellion against his majesties person or lawful authority , the lord knows my soul abhorreth the name and thing ; loyal i have been , and i wish every christian to be so , and i was ever of this judgment , to give to caesar the things that are caesars , and to god the things that are gods. ninthly , since i came to prison , i have been much branded with many that i must call aspersions whereof jesuitisme is one , i am hopeful there was never one that did converse with me that had the least ground for laying this to my charge , i know not how it comes to pass it is laid upon me now , except implacable prejudice that some have been prepossest with against me . i am not ignorant that near two years ago , a person of some note in this church while living , was pleased to say , i was dyed in that judgment : after he was better informed , he changed his note , and said it was misinformation : but now the lord , before whom i must stand , and be judged by and by , knows i have a perfect abhorrence of that thing . and that it was never my temptation directly nor indirectly . though i must confess , some few years ago , some were very pressing upon me that i would conform , and imbrace prelacy ? but for popery , and that trash , it never came nearer my heart than the popes conclave , and the alcoran , which my soul abhors . tenthly , i have also been branded with factiousness , divisive , and seditious preaching , and practices . i must confess if it be so , it was more then ever i was aware of : according to the measure that god has given me , it was my endeavor to commend christ to the hearts and souls of the people , even repentance towards god and faith towards our lord jesus christ , according to the word of god , confession of faith , and catechismes larger and shorter , yea i did press them , when god did cast it in my way to remember their former obligations in doctrine , worship , discipline and government , and that they would make it their work to stand to it , in substance and circumstance , seeing it is so cryed down in this day , and if this be divisive preaching , i cannot deny it . eleventhly , i am prest in conscience to bear my testimony to and abhorrence of every invasion , usurpation , and incroachment that is made or has been made against christs royal prerogative , crown , and kingdome , originate upon and derivate from that which they call the supremacy , i was never free to say a confedcracy with those that i judge have in a great part said a confederacy with that thing , and the lord is my record , i was never free in my conscience for that that is called indulgence , neither first nor second , as it was tendered by the counsel , and as it was imbraced by a great many godly men in this land , yea it was never laudable nor expedient to me , and in effect this is one of the main grounds , why i am rendred so obnoxious to so many imputations , that i have been all along contrary to that indulgence in my judgment , i confess i have been so , and i die in my judgment contrary to it , and this i crave leave to say without any offence given to the many godly and learned , that are of another judgment . twelfthly , i judge it fit likewise in this case to leave my testimony against that stent , taxation and cess , that has been so injustly imposed , so frivolently founded , and vigorously carried on by the abettors of that contention , and meerly upon no other account imaginable , but to make a final extirpation of christ , and his gospel ordinances out of the land , and how lamentable it is to consider how many professors did willingly pay it , and were most forward for inciting others to do the same . in the next place , though to many i die desired , yet i know to not a few my death is not desired , and it is the rejoycing of my heart , that i die in the faith of our lord jesus christ , who has loved me , and given himself for me , and in the faith of the prophets and apostles , and in this faith that there 's not a name under heaven by which men can be saved , but the name of jesus , and in the faith of the doctrine and worship of the kirke of scotland , as it is now established according to the word of god , confession of faith , catechisms larger and shorter , and likewise i joyn my testimony against popery , perjury , profanity , heresie , and every thing contrary to sound doctrine . in the close , as a dying person , and as one who has obtained mercy of the lord to be faithful , i would humbly leave it upon godly ministers to be faithful for their lord and master , and not to hold their peace in such a day , when so many ways are taken for injuring of him , his name , way , sanctuary , ordinances , crown and kingdome , i hope there will be found a party in this land , that will continue for him , and his matters , in all hazzards , and as faithfulness is called for in ministers , so professors would concern themselves that they countenance not , nor abet any thing inconsistent with former principles and practices . let the land consider how neuteral and indifferent we are grown in the matters of god , even like ephraim long ago , a cake not turned . next how far we are fallen from our first love , how far we are degenerated from the noble vine into which the lord did once plant us ; lamentable it is how far we are gone in the way of egypt , drinking the waters of sichar , &c. again , what a woeful spirit of bitterness is predominate in this land , in this our age , ephraim vexing judah , and judah ephraim ; manasseth ephraim , and ephraim manasseth , the growing dogedness of this temper almost amongst us all , portends terrible things from the lord against scotland . fourthly , reformation neither designed nor practised ; what means all this deformity that is come to pass in these days , instead of the contrary ? how many of us are pulling down that which we have been building up ; how many of us calling good evil , and evil good , dis-owning and dis-savouring that which sometime we judged our honour to testifie for and to avouch . fifthly , a publick spirit in contending for god in his matters , in substance and circumstance , according to our vows and obligations , is much wanting amongst us at this day . farther i am prest in conscience to make honourable mention of all those glorious things that god has done in scot. since the year . the abundant measure of his spirit that has been power'd out upon his people . here he spoke much concerning the solemn league and covenant ; and afterwards proceeded as followeth . and moreover i bear my testimonies against all other confusions , imprisonment and blood , that is or may be intended against those of the land that desire to keep their garments clean , whether in prison or out of prison thly , as concerning that which is the ground of my death , viz. preaching here and there in some corners , i bless my god i have not the least challenge for it ; and though those that condemned me are pleased to call such preachings rendezvouses of rebellion , yet i must say this of them , they were so far from being reputed such in my eyes , that if ever christ had a people or party wherein his soul took pleasure , i am bold to say these meetings were a great part of them ; the shineing and glory of god was eminently seen amongst these meetings , the convincing power and authority of our lord went out with his servants in those blasphemously nick-named conventicles ; this i say without reflection upon any ; i have a word to say farther , that god is calling persons to repentance , and to do their first work ; oh that scotland were a mourning land , and that reformation were our practice , according as we are sworn in the covenant . again , that christians of grace and experience would study more streightness and stability in this day , when so many are turning to the right hand , and many to the left ; he that endureth to the end shall be saved ; he has appointed the kingdom for such as continue with him in his temptations . next , if ever you expect to have the form of the house shewed you in all the laws thereof , goings out thereof , and comings in thereof , then think it no shame to take shame to you for all that has been done , sitting down on this side jordan is like to be our bane . oh when shall we get up and run after him till he bring us into the promised land , let us up and after him with all our heart , and never rest till he return . i recommend my wife and young one to the care and faithfulness of the god of abraham , isaac , and jacob , the god that has fed me to this day , and who is the god of my salvation , their god and my god , their father and my father , i am also hopeful , that christians , friends , and relations , will not be unmindful of them when i am gone . lastly , i do further bear my testimony to the cross of christ , and bless him that ever he counted me worthy to appear for him in such a lot as this : glory to him that ever i heard tell of him , and that ever he fell upon such a method of dealing with me as this , and therefore let none that loves christ and his righteous cause be offended in me . and as i have lived in the faith of this , that the three kingdoms are married lands , so i dye in the faith of it , that there will be a resurrection of his name , word , cause , and of all his interest therein , though i dare not determine the time when , nor the manner how , but leave all these things to the infinitely wise god , who has done , and will do all things well . oh that he would return to this land again , to repair our breaches , and take away our back-sliding , and appear for his work : oh that he were pacified towards us ; oh that he would pass by scotland once again , and make our time a time of love , come lord jesus , come quickly . himself hasten it in his own time and way . the lord is my light and life , my joy , my song , and my salvation ; the god of his chosen be my mercy this day , and the inriching comforts of the holy ghost keep up and carry me fair through , to the glory of his grace , to the edification of his people , and my own eternal advantage . amen . sic subscrib . john kid. august , th . . tolbooth , ante horam septimam . finis . a proclamation, offering a reward of one hundred pound sterling, to any who shall bring in the person of mr. james renwick (a seditious field-preacher) dead or alive. scotland. privy council. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a proclamation, offering a reward of one hundred pound sterling, to any who shall bring in the person of mr. james renwick (a seditious field-preacher) dead or alive. scotland. privy council. scotland. sovereign ( - : james vii) sheet ([ ] p.) printed by the heir of andrew anderson, printer to his most sacred majesty, edinburgh : anno dom. . caption title. royal arms at head of text; initial letter. dated: given under our signet at edinburgh, the ninth day of december, . and of our reign the second year. signed: will. paterson, cls. sti. concilii. imperfect: stained with some loss of text. reproduction of the original in the national library of scotland. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng renwick, james, - . covenanters -- legal status, laws, etc. -- scotland -- early works to . scotland -- history -- - -- sources. broadsides -- scotland -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - spi global rekeyed and resubmitted - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion a proclamation , offering a reward of one hundred pound sterling , so any who shall bring in the person of mr. james renwick ( a seditious field-preacher ) dead or alive . iames by the grace of god , king of great-britain , france and ireland , defender of the faith ; to our lyon king at arms , and his brethen heraulds , macers of our privy council , pursevants , messengers at arms , our sheriffs in that part , conjunctly and severally , specially constitute , greeting : forasmuch , as one mr. james renwick , a flagitious and scandalous person , has presumed and takes upon hand , these several years bygone , to convocat together numbers of our unmarry , and ignorant commons , to house and field-conventicles , ( which our law so justly terms the nurseries of sedition , and rendezvous's of rebellion ) in some of the western shires of this our ancient kingdom , and has frequently preached at these rebellious meetings , his seditious and traiterous principles and opinions , intending thereby to debauch some of the ignorant people from their bouden duty , and obedience they ow to us as their rightful soveraign lord and monarch . and we out of our royal care and tenderness to our people , being desirous to deliver all our loving subjects , from the malign influence of such a wretched imposture ; have therefore , with advice of our privy council ( as is usual in such cases ) not only thought sit to declare the said mr. james renwick an open and notorious rebel , and traitor against us , and our royal government , but likewise hereby authorise and require all our loving subjects to treat him as such and also prohibite and discharge all our subject , men or women , that none of them offer or presume to harbour , reset , supply , correspond with , hide , or conceal the person of the said mr. james renwick , rebel foresaid , under the pain of incurring the severest punishments , prescribed by the acts of parliament and proclamations of our privy council , made against resetters of rebels ; but that they do their outmost endeavour to pursue him , as the worst of traitors : and to the end the said mr. james renwick may the better be discovered , apprehended and brought 〈◊〉 justice : we with advice foresaid , do hereby require and command all our sheriffs , stewarts , baillies of regalities 〈…〉 ●●gistrats of burghs , and justices of the peace , not only to cause search for , pursue and apprehend the person of the 〈…〉 james renwick , rebel foresaid , wherever he can be found within their respective jurisdictions , 〈…〉 their assistance to any who shall offer to apprehend him : and if in pursuit of the said mr. james renwick 〈…〉 he , or any of his rebellious associats , resisting to be taken , any of our saids magistrats , or other 〈…〉 kill , or mutilat him , or any of them , we hereby declare that they , nor none assisting them shall 〈…〉 pursued civily or criminally therefore in time-coming , but that these presents shall be al 's sufficient for 〈…〉 they had our special remission , and that their doing thereof shall be repute good and acceptable service 〈…〉 incouragement of such as shall apprehend , and bring in the person of the said mr. james renwick , 〈…〉 alive , he , or they shall have the reward of one hundreth pound sterling money , to be in instantly payed to 〈…〉 of our thesaury . and we ordain these presents to be published at the mercat-cross of edinburgh 〈…〉 head-burghs of the several shires of this kingdom , on the south-side of the water of tay , and other 〈…〉 riffs in the saids respective shires , that none pretend ignorance . given under our signet at edinburgh , the ninth day of december , . and of our reign 〈…〉 per actum dominorum secreti concilii . will. paterson , cls. sti. concilii . god save the king . edinburgh , printed by the heir of andrew anderson , printer to his most sacred majesty , anno dom. . a vindication of the government in scotland during the reign of king charles ii against mis-representations made in several scandalous pamphlets to which is added the method of proceeding against criminals, as also some of the phanatical covenants, as they were printed and published by themselves in that reign / by sir george mackenzie ... mackenzie, george, sir, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing m estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a vindication of the government in scotland during the reign of king charles ii against mis-representations made in several scandalous pamphlets to which is added the method of proceeding against criminals, as also some of the phanatical covenants, as they were printed and published by themselves in that reign / by sir george mackenzie ... mackenzie, george, sir, - . , [ ] p. printed for j. hindmarsh ..., london : . "licensed, sept. , . rob. midgley"--p. [ ] at end. advertisements: p. [ ] at end. reproduction of original in cambridge university library. "the declaration and testimony of the true-presbyterian, anti-prelatick, and anti-erastian, persecuted-party in scotland" (p. - ) signed: al gibson and will. paterson. "a blasphemous and treasonable paper, emitted by the phanatical undersubscribers, on may , ": p. - . created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng covenanters -- scotland. scotland -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion a vindication of the government in scotland . during the reign of king charles ii. against mis-representations made in several scandalous pamphlets . to which is added the method of proceeding against criminals , as also some of the phanatical covenants , as they were printed and published by themselves in that reign . by sir george mackenzie , late lord advocate , there . london , printed for i. hindmarsh at the golden ball in cornhill . . a vindication of the government in scotland during the reign of king charles ii. against mis-representations made in several scandalous pamphlets . the design of this paper is neither to seduce others into faction , nor to make an apologie ; the one being too malicious , and the other too mean : but because many honest and sincere men have been abused by some late misinformations , whereby the charity and vnity of protestants amongst themselves are much weakened ; therefore this paper comes to set things in their true light , by a bare narrative , which will be sufficient to reclaim those who are abus'd , and to confute those malicious authors , who have endeavour'd to reproach a whole nation with villanies , of which none but these authors themselves could have been guilty . because the civil government in scotland was never bigot in that king's reign , therefore we shall not run back to consider episcopacy or presbyterie , otherways than as they may concern the civil government . neither should we run so far back as to the government of king charles i. were it not to prove , that these of the same persuasion , who now complain , were the first aggressors ; and consequently , what was done against them deserves rather the name of self-defence than persecution . for clearing this , it is necessary to represent , that in the year , we liv'd under the most pious and orthodox prince of the age , and yet a rebellion was form'd against him , as a papist , and a tyrant , by which all the fundamental laws were shaken , and all honest men ruin'd . neither needs there any other proof for this assertion , than the records of parliament , general assemblies , and iustice court. from the records and acts of parliament it is undeniable , that the power of nominating judges , counsellors , and all officers of state ; the power of levying war , and raising taxes , were usurp'd by the people ; covenants were entred into by a part of the subjects , and by them impos'd imperiously upon the rest ; leagues and covenants were entred into with england ; ambassadours were sent to foreign princes and states ; and even to france ( tho' little less terrible then , than now ) exclaiming against the injustice of the king , justifying their taking arms against him ▪ and therefore intreating the french aid and assistance : the king himself was inhumanely deliver'd up to his enemies , and thereafter the army that went in to defend his precious life , were declared rebels , all which was uncontravertedly inconsistent with the laws of the kingdom then standing . from the acts of the general assembly it is clear , that the assembly , . refus'd to rise , when dissolv'd by the king's commissioner , and most of the following assemblies did both sit down and rise without his warrand . this assembly threw out the bishops , and abrogated episcopacy without authority of parliament , tho' the bishops were always the first of the three estates of parliament . a new oath was invented , called , the covenant , without the king's authority ; and all men women and children , that were above ten years of age , forc'd to take it ; and such as took it not , were excommunicated , upon which all their moveables or chattels were confiscated , and they themselves being declar'd disobedient to the laws , were forc'd to fly . the king 's negative voice was declared illegal , and the acts made for assisting him in the year forty eight , were declar'd void and null , by an unparallel'd invasion , the general assembly , ( imitating in this , as in many other things , the church of rome ) raised themselves above king and parliament . from the records of the iustice court we find that the estates made advocates or attorney generals by their own authority ; who prosecuted to death such as defended their own houses by vertue of express commissions from the king , and such as rose in arms for his defence , tho' they had both his commissions , and remissions , though the iudes that condemned them , sat by vertue of that very king's commission . they not only borrowed vast sums by meer force from private men , whom they never payed ▪ but also they were the first that brought in free and dry quarter , cess , excise , and all these publick burthens afterwards so much complain'd of ( when they were continued upon necessary exigencies , by lawful authority ) we having neither formerly known oaths , nor publick burthens under our gentle kings , against whom they so much exclaim'd as tyrants , because forsooth they kept them from being such : all these proceedings were not only condemn'd by the general opinion of both protestants and papists abroad , but stand yet condemned by express acts of parliament , and by many acts in the like cases in scotland , and england , and so nothing which can be alledged in justification of them , deserves or needs an answer . king charles the second being restored by almost the universal consent of all the people , the worst of whom grew weary of their villanies : the parliament of scotland being called , they enquired very seriously into the occasion of such disorders , and soon found that they were all to be charged upon the solemn league and covenant , and those who adhered thereto ; and therefore they endeavoured to perswade the presbyterians to disown the covenant , all favour being promised to them upon that condition : but finding that the presbyterians generally thought themselves bound to own the covenant , the parliament concluding that the same men , owning the same principles , would be ready upon occasion to act over again the same things , therefore they by vote ( which may be called unanimous , seeing only four or five dissented ) restored episcopacy , and that so much the rather , because that government had in no age nor place forced its way into the state by the sword , but had still been brought in by the uncontraverted magistrate , without ever thrusting it self in by violence , and yet the government did sustain episcopacy as a part of the state , but never as a hierarchy wholly independent from it , the presbyterian preachers had all along taught the people , that as their government was iure divino , so the people might thereby be obliged to defend them and it , under pain of eternal damnation , even ( when episcopacy was established by law ; ) and accordingly some of the people who retained that principle , frequented the conventicles at which these ministers preacht ; whereupon the state fearing that the old humour might ferment again into a rebellion , discharged under some small penalties any above five strangers to meet in a conventicle , leaving thereby at once the free exercise of their conscience in their families , and yet securing the state against such a total defection , as might involve us in a new civil-war , which without doubt was all the state design'd : but to elude these penalties for house-conventicles , some preachers ( amongst whom were some of those who had been formerly banished ) gathered the people together in the fields ; they bringing arms with them to secure their ministers , came at last to have such an opinion of their own strength , that they formed themselves into an army , and were defeated at pentland hills , novemb. anno . yet within a short time of that , the state indulged them so far as to allow them their own ministers , settling them in churches , and allowing them the enjoyment of the benefices in many places . this did not satisfie these people , because the ministers so indulged acknowledged the king and council's authority ; and they , with some of their violent preachers railed as much against these indulged ministers , as against the bishops , and regular clergy , and call'd them council curates , and separated from them . the state considering that by the laws of all nations , rising in arms is to be accounted rebellion , and that a preacher's presence could legitimate the action no more than a priest could transubstantiate the elements ; they declared by several acts , field-meetings to be the rendevouzes of rebellion : notwithstanding all which , these dissenters proceeded , as from house to field-meetings , so from field-conventicles to publish proclamations , declaring that the covenant was the original contract betwixt god , the king , and the people ; and therefore king charles the second having broken it , forfaulted his crown , and being to be considered only as a private subject , and enemy to god , they had declared a just war against him , and that it was lawful to kill him , and all who served him , following as was pretended the noble examples of phineas and eliud ; and in consequence of this doctrin they murthered the arch-bishop of st. andrews , and several others ; to defend these murtherers an army was gathered by them , which was beat a bothuel-bridge , anno . but yet the king to reclaim them , granted both an indemnity and indulgence ; notwithstanding of which , a new plot was entred into , and it was contrived in a meeting of the scots at london , that men should be raised in scotland , and that the garrisons of berwick , and carlile , and all the officers of state should be seized , which was likewise seconded by monmouth , and argyle's rebellion , anno . whereupon the parliament finding that the preaching up of rebellion in private conventicles had occasion'd all this danger to king and people , and that nothing could be secure whilst every thing might be preacht , they enacted , that the ministers who preacht at conventicles should be capitally punished ; but by vertue of this act , no man was ever punished , much less executed . this being the true progress , and these the occasions of making those acts , it is admired why the government is taxed with so much cruelty , and the acts themselves reproached as diabolical : for first , these against house-conventicles are the same with the laws in england , and less severe than those made against dissenters in queen elizabeths time , or than those now standing against the calvinists in sweden , or those made , and now executed by the presbyterians and independents in new-england ; but much more gentle than those our presbyterians made when they govern'd . . whatever might be said against such acts in countries where dissenters never entred into a war , yet in this isle , where they upon the same principles overturned the government and laws , and were upon every occasion again attempting it , so small a caution cannot be accounted severe . . this caution was much more just in scotland , than even in england ; because the dissenters in scotland were more bigotted to the covenant , which is a constant fond for rebellion . . the posteriour acts made against field-conventicles , were the necessary product of new accessional degrees of rebellion ; and were not punishments design'd against opinions in religion , but meerly against treasonable combinations , which exceeded what was attempted in england , or elsewhere ; and the governours ( for the time ) can truly and boldly say , that no man in scotland ever suffer'd for his religion . but if any will pretend , that religion obliges him to rise in arms , or to murder , this principle ought neither to be sustain'd as a defence , nor the obviating of it to be made a crime ; and as the covenanters laughed at such a defence when propos'd for them , who assisted king charles i. meerly for conscience sake , so they cannot deny , but they zealously prest sir iohn dalrymple , then advocate , to hang mr. renwick a field-preacher , for field-preaching , where some of his hearers were arm'd , because he was like to divide their church , after they got an indulgence from king iames , against the accepting whereof , renwick and his party exclaim'd highly ; and that so much the more plausibly , for that many of them , who now accepted an indulgence from a king professedly popish , had rejected and preacht against those who accepted of one when offer'd by a king of the protestant profession . i must also ask them , if any should now rise in arms in defence of episcopacy , and alledge conscience for so doing , would they sustain that as a just defence ? . when ever any man offer'd to keep the church , former fines were generally remitted , if timeous application was made ; and more indulgencies and indemnities were granted by this king ▪ than by any that ever reign'd ; and generally no man was executed in his reign , who would say , god bless the king , or acknowledge his authority ; an unusual clemency , never shewn in any other nation , and such as was not practised by those , who now cry out against the severity of that government .. the reader will be astonished , when we inform him ; that the way of worship in our church , differed nothing from what the presbyterians themselves practised , ( except only , that we used the doxologie , the lord's prayer , and in baptism , the creed , all which they rejected . ) we had no ceremonies , surplice ▪ altars , cross in baptisms , nor the meanest of those things which would be allowed in england by the dissenters , in way of accommodation : that the most able and pious of their ministers , did hear the episcopal clergy preach , many of them communicated in the churches , and almost all the people communicated also ; so that it cannot be said that they were persecuted , and forced to joyn with an vnsound , much less heretical church , as the french protestants are . from all which , it follows clearly , that the complainers ▪ were the aggressors , that the government proceeded by slow steps , to punish even those who had forced it into a resentment , and that all pains were taken to reclaim rather than punish . any reasonable and unprejudiced man must allow , that the state had reason to be jealous that the same men who had invaded and overturned the government under king chales i. retaining still the same principles as sacred , and bursting forth into the same excesses under king charles ii. were still to be kept in awe , and within the barriers of law , and that by their own principle of salus populi , better some few of the society should perish than that the whole should go to ruin . vnitas , non unus , as was said by them in the e. straffords case ; and if two states of parliament without the king , were thought the best , and necessary judges , of what was salus populi in those days ; much more should it be acknowledged , that the king and three estates , in many subsequent parliaments , agreeing cordially together , should be acknowledged to be the true judges of what was salus populi in our government , especially when what they did was founded on a series of uncontraverted laws , and upon long and deplorable experience of the mischiefs occasion'd by that pary . whereas they who condemn our proceedings , must , and do acknowledge before they condemn us , that they consider themselves as a people coming into a country where there were no laws , and so might take any new laws they thought fit , for the present exigent : a liberty which we ( poor slaves ! ) durst never take , foolishly conceiving our selves over-ruled by our statute-books , ancient customs , and oaths , regulating our duty and conscience . for answering the objections which are made against the government , i shall class them into these general enormities with which the government is charged , and into the particular instances of its pretended cruelty . the first general objection is , that the severe laws made against conventicles were yet more severely put in execution by sir iames turner , and sir william ballantine , and others , which occasion'd the insurrection at pentland-hills , and it is alledged that these conventiclers came only to petition the council , not to overturn the government . to this it is answered , that all rising in arms upon any pretext whatsoever , is declared rebellion in this and all other nations ; and if any should rise now in arms because free-quarter is taken from them against law , they would find this government so to take it . nor can it be pretended that justice was denied to private petitioners ; but on the contrary , turner and ballantine were laid aside , which is all the state could do , it being impossible to answer for all the extravagancies of soldiers , even under the most just government . from this likewise it necessarily follows , that because this was no just war , therefore the learned and worthy sir iohn nisbet , then king's advocate , and the criminal iudges were unjustly reproached for refusing to allow the defence founded on giving quarter , that being only to be allowed in iusto bello : and it is to be remembred , that this defence was not allowed to the worthy president sir robert spotswood , son to the famous archbishop , in anno , tho' the war was just on the king's side , and he acted by vertue of a commission from that very king ▪ by whose authority the parliament that condemned him was called ; and it could not be proved by those that were taken at pentland-hills , that quarter was granted them ; whereas it was clearly proved , that the council in general had discharged granting of quarter upon the foresaid account . we pass under silence here , the dreadful slaughter of several hundreds killed after free quarter given , and surrendring of the castle of dunvileigh , ( which made lieutenant general leslie , who then commanded the army , threaten to lay down his commission , ) notwithstanding of a violent sermon made before him upon these words , sam. chap. . v. . what meaneth then this bleating , &c. * as to the sending away people to the plantations , it is answered that none were sent away , but such as were taken at bothuel-bridge , or in argyle's rebellion ; and the turning capital punishment into exile , was an act of clemency ; not of cruelty . as to torture , it is allowed not only by the law of our nation , but of all nations except england , and founded on the foremention'd maxims , salus populi , &c. pereat unus , potius quam vnitas ; nor was it ever inflicted , but where the person tortured was evidently proved to be guilty of accession to the crime , and that he knew the accomplices ; it being still left in his power to secure himself against torture , by confessing who were his accomplices , or by clearing himself by his oath , that he did not know them , which oath was required to free , not to bind the deponent ; because his knowledge of the matter was first proved , and it was still previously declared by act of council , that nothing he was to depone should prejudge him ; and those who had been in that government were very sorry that when torture was declared a grievance in the last convention , matters of high importance relating to the government , were still excepted , which expos'd the subjects to as much danger as formerly . as to the imprisoning free leidges without giving any reason , and detaining them in prison for many years ; it is answered , that we have no act for habeas corpus in scotland , and so these things may be accounted severe , but not illegal ; and they were introduced in the late vnhappy presbyterian rebellion , where thousands were kept in prison a great many years , without any crime or hopes of releasment ; but the true reason of the frequent imprisonments , during k. charles the d's government , should only be charged on those who were accessories to the plots and rebellions which occasion'd them ; and no men wish'd more than we did , to see those peaceable times which might allow an act of parliament for habeas corpus . another thing which occasioned these long imprisonments , was , that the persons imprisoned refus'd to acknowledge the king's authority , without which they could not have been set at liberty , when there was a clear probation against them . but can this be objected to vs , by those who have since imprison'd more in one year than we did in five ? as to the bringing in the highlanders on the western shires , and taking free quarter there ; it is answered , that many thousands had gather'd in field conventicles with arms for several years ; and when these conventicles which used to meet in several places , pleas'd to join in one , they could easily form an army . to prevent which , the council wrote a letter to these western-shires , entreating them to fall upon some course for security of the peace ; they returning for answer , that the peace could not be secured there without abrogating episcopacy . the king and council consider'd this as a sacrificing the laws to the humours and passions of private men , and such too , as they had reason to think , could no more be satisfied with that concession than their predecessours were , who proceeded to ruin king charles i. after he had parted with the order of episcopacy to please them ; and therefore the highlanders were sent in , to secure the peace ; and because mony could not be provided in haste , the council declar'd by their act , that those on whom they were quartered should be paid out of the first and readiest of the fines owing there , and the superplus should be paid by the king ; nor have those who were then in the government , clamour'd so much now for a years free quarter as these people did then for a fortnights , and even during that fortnight most men pay'd for their quarters ; nor was there any more surety sought , at least from masters and heretors , than the ordinary surety of law-borrows , by the very style whereof , any private man may force another by the law to secure him against all prejudices from his men , tennents and servants , and others of his command , out-hounding and ra●ihabition . and that the king had great reason to be jealous of their breaking the peace , appears fully from the reasons above represented , and when this surety was thereupon approv'd by parliament , by which it was enacted , that masters should be liable eithr to remove their tennents from their lands , or to present them to iustice : it prov'd a most advantageous remedy for settling the nation , to the great advantage both of master and servant ; this alternative securing the master from many hardships , and ingaging his servants to obey him , as he was obliged to obey the king ▪ and keep the peace . as to the cumulative iurisdiction so much complain'd of , because it gives the king a power to name sheriffs , and other inferiour iudges , who may have an equal share in the administration with those who had the sole heretable iurisdiction formerly , whereby it is pretended the property of the subjects was invaded . it is answered , that heretable iurisdictions are of themselves very little to be favour'd , because the heir must be a iudge both in matters of life and fortune , though he want probity or knowledge in the law , and the interested superiours or over-lords had thereby the unfortunate poor vassals absolutely at their devotion , and therefore by an old law in k. iames the ds time , there was an act made , discharging all heretable iurisdictions without consent of parliament ; and sir iohn nisbet upon these and many other good reasons , advised , that all the other heretable iurisdiction ( because almost all granted since that time ) should be repealed ; and yet , though these heretable iudges refus'd to concur in putting the laws against field-conventicles , and armed insurrections in execution , or conniv'd at them , whereby they grew very formidable , the council unwilling to take away these iurisdictions totally , chose rather to name others to sit with those iudges , or to supply their absence if they refused to come ; but there-after s. g. m. succeeding as advocate , to prevent all debate , advis'd the bringing this point to the parliament , to the end , that that procedure of the king's council might be either vncontravertedly legal if acquiesc'd in , or let fall if refus'd ; and accordingly the parliament having pass'd it into an act ; it seems great malice and ignorance to call this illegal ; and it being founded upon such just and solid reasons , it seem'd as strange , why it should be thought severe , and never lawyer spoke against it except those who had heretable iurisdictions . it were unreasonable that the king should complain of what he consented to in parliament in favours of his subjects ; and so it must be likewise concluded unreasonable that the subject should complain of this point which they have granted to the king , especially seeing it is more in favours of the subjects than of him , it being a strong bulwark against great mens oppressing of their vassals and inferiours ; and therefore i cannot see why the inferior sort should be so dull or unreasonabe as to complain of it . but notwithstanding of this clamour , and abstracting even from this act , it is still maintain'd by the advocate , that all lawyers , and particularly our learned craig in his book de feudis , assert , that the superiour has still an accumulative iurisdiction with his vassal as to the point of iudging ; for tho' he delegate a jurisdiction for his conveniency , yet that is not exclusive , that being a quality which still adheres , as craig says ; † however sir george makenzee , advocate , advis'd to stop all clamours , that the heretable iudge might still have the casualties , so that his property could not be said to be invaded ; and lest this might be drawn to the session , as is ridiculously pretended , the act is only made relative to iurisdictions given by his majesty to his good subjects , which can in no sense fall under the cognizance of the session , i. e. the iudges . as to the act made in council , allowing souldiers to kill such as refused to own the king's authority ; it is answer'd , that there being many proclamations issued out , by the dissenters , declaring , that the king had forfaulted his right by breaking the covenant , and that therefore it was lawful to kill him , and those who serv'd him : many accordingly being kill'd , it was thought necessary by some ( upon the fresh news of murdering some of the king's horse-guard at swyn-abbey in their beds ) to terfy them out of this extravagancy , by allowing the soldiers to use them as in a war , in which , if any call , for whom are you ? and the others owning that they were for the enemy ; it is lawful then to kill : and thus they felt their folly , and the necessary effects of their principle ; and yet still it was ordered , that none should be kill'd except those who were found in arms , owning that principle of assassination , and refusing to clear themselves of their having been in accession to the declaring of war , which they had then begun ; nor were these kill'd but when their deliberate refusal could be proved by two witnesses . but that it may plainly appear , that no more was in all this intended by the governours , than to secure the publick peace , by terrifying those assassines who had so manifestly invaded it ; secret orders were given , that this should not last above a fortnight , and that none should be kill'd except those who were found in the publickly printed list of declar'd rebels , who may be kill'd by the laws of all nations ; and but very few , even of those rebels were kill'd , tho' this has been made the foundation of many dreadful lies . this mischief was intolerable in it self , and we desire to know how it could have been otherways remedied , for the law must find cures for all mischiefs , and these who occasion'd them , should of all others , be least allow'd to complain . after the terrour of that procedure had much cooled the zeal of assassination for a time , it took new fire , and several proclamations for disowning the king's authority , and murthering his servants were posted upon all church doors , and mercat-crosses , so that no man who served the king could know whether or not his murtherer was at his elbow , and they had reason to look upon every place as their scaffold : whereupon the advocate being desired to raise processes against some who owned those pernicious principles , he prevailed with the council to ask the opinion of all the iudges upon this quaery , viz. whether any of his majesties subjects being questioned by his majesties iudges or commissioners , if they own a late proclamation in so far as it does declare war against his sacred majesty , and asserts that it is lawful to kill all those who are employed by his majesty , refusing to answer upon oath , are thereby guilty of high treason , and are airt and part of the said treasonable declaration , salus populi requiring that every one should contribute what was in his power to the preservation of the society ; and as none of the kings servants without this could know if he was secure of his life , so it was very easie for the person accused to clear himself if he was innocent : they consider'd likewise that law in general , for the good of the people , did accommodate its self to what probation could be allowed , and therefore invented presumptive probation upon that account , whereof there are so many instances to be seen in all laws , that it were childish to insist on them , and no man has been so just as to produce one law or reason to convince us of the illegality of this opinion ; and there is an express act of parliament penned by the learned sir iohn nisbet , whereby for the same reason , such as are prosecuted for conventicles are obliged to swear whether they were innocent or guilty , which does run yet higher than this opinion . there is another opinion given by the judges much challenged , viz. that some having gone about amongst the people , demanding fifty pound sterling from each as a contribution for the earl of argyle then forfaulted , they from whom that mony had been asked , and conceal'd it , were found guilty of treason , because this was so far beyond private charity , that it would have amounted to a greater sum than any parliament had ever granted the king : and whereas the proposal of any assistance to a rebel is treasonable , the concealing of it by our law , and by the law of nations is undoubted treason . if the matter of fact in these answers had been represented to the late convention , it cannot in reason be thought they would have condemn'd them ; and if any man will compare these opinions of the judges , with that grievance pretended in the late convention , and that again with the act of parliament , they will find the matter of fact variously represented in all the three . we must likewise inform the world , that no man died upon either of these opinions ; and to cut off all debate , both these forenamed opinions of the judges are expresly ratified by parliament , and consequently are the sense of the nation . before we enter upon private processes , we must complain , that tho' k. ch. having by act of parliament , added five of the learnedst of all his iudges to his iustice general and iustice clark in place of two advocates , who were generally but young or mean , because they had only fifty pounds salary , and that seldom pay'd ; that yet every ignorant scribler should presume to reproach their sentences , and shou'd take upon them to judge the deepest controversies in point of law ; and should dogmatically-write of criminal sentences , tho' they never saw a criminal court , and be applauded in things which every servant about that court knew to be nonsence : particularly , ' as that the advocate , threatned iuries ; whereas all he did , was to protest for an assize of error , which the laws command , and which all advocates ever did , and to this day doe . again , it is as foolishly pretended ; that the advocate prosecuted men without order ; whereas indeed , he never prosecuted any , until he was commanded by the council , who are our grand iury upon oath , and all their orders are registrated ; the court likewise , was so very favourable to these criminals , that they did ordinarily name ( those of their own profession ) presbyterians to pass upon their jury , and sent ministers of their own perswasion , to reclaim them ; and these iurors and ministers , seldom fail'd to condemn them as much as the judges did . the capital sentences in that court , were founded generally upon actual rebellion ; and even as to those , there was not one of a thousand executed : nor in all argyle's rebellion , was any executed by their sentence , except one or two , who were pitched upon as examples to terrifie others . nor did there dye upon any publick account , twelve , in all that reign so exclaim'd against , as bloody ; and not one dyed for any principle in religion , unless it be thought a religious principle to dye for actual rebellion ; as to such , there needs no particular defence , the very light of nature , the common interest of societyes , and the laws of nations , declaring it a crime to justifie them . it is pretended , that tho' the crimes had been legally founded , yet the probation was suspect in those times , because the depositions of witnesses were previously taken , whereby witnesses being once ensnared , were forced to stand by their depositions . to which it is answered , that in all nations abroad , depositions are previously taken , as is uncontroverted by all their criminal writers , and this is very necessary for the good of the subjects , lest they should be prosecuted groundlesly , and this is as fit for the good of the king , or kingdom , lest such as are guilty of atrocious crimes against the whole society , should escape without being punished , because tryed when the formal and full probation is not ready ; yet to prevent all mistakes , the advocate interceeded that this trust of examining witnesses , should not be left to the king's advocate , as it ever formerly had been , but should be lodged in the judges , and that lest their depositions should be any tye upon them , the judges with consent of the advocate , ordered that the depositions should be torn before they deposed in iudgment , and they were allow'd either to correct or pass from their former depositions as they pleas'd ; and whereas formerly the king's advocate had the naming of the jury , it is now lodged by act of parliament in the judges . nor was there ever any witnesses suspected , except only in chesnock's case , wherein the depositions were true ; and albeit the witnesses afterwards asserted upon oath on their knees , that their first deposition was very true , and that they were only frighted and confounded in the second ; yet the council would not resume the process , and thereupon he was absolv'd : in the rest the probation was but too clear , for beside all the legal probation , most of those who died , owned and gloried in their crimes when they died , exhorting others to imitate them , in their disowning the king , and rebelling against him : and many of them exhorted the people , to kill all such as oppos'd their principles , assuring them , that to kill malignants was acceptable to god. strangers would likewise be pleas'd to be inform'd , that our law allows the party accused , a liberty to call in witnesses , who may depose upon oath for him against the king , which the law of england does not , and this kind of exculcapation was never allow'd till the reign of king charles ii. the first act which was the warrant thereof , having been made by sir iohn cunningham , and sir george mackenzie , when they were criminal iudges : and this was never refus'd to the persons accused , albeit they brought in frequently witnesses , who took very great latitudes , to save those of their own principles by swearing ; for instance , that tho' they saw a person very like the pannel or party accus'd , yet they could not depose it was he , because it might have been a vision , albeit at the same time , they had known him formerly very well , and that they talkt with him that time in arms , at the distance of ten or twelve paces , for half an hour together ; and at other times , they did positively refuse to depose that they saw him have a sword , tho' they owned that they saw the hilt and scabbard : notwithstanding of which , and many such ridiculous evasions , the party accus'd , was alwaies acquitted . to descend to particular processes : it is clamoured , that mitchill the famous assassine , was executed after he confessed the crime upon promise of life ; to which it is answered , that mitchill having upon the high-street of edinburgh , shot at the arch-bishop of st. andrews , with a design to murther him , he wounded the bishop of orkney with that shot , of which he never recovered , and being thereafter apprehended , confessed the crime , but continuing still to glory in it , and very famous witnesses having deposed , that mitchill was upon a new plot to kill the same arch-bishop ; mitchill was brought to a tryal , and his defences were , that the earl of rothes , to whom he confest it , had promised to secure his life , or that the privy council had afterwards promised the same ; for clearing whereof , the said earl , and all who were upon the committee , together with all such members of council as he desired to be cited , were fully examined , upon all his interrogatories : and the registers of council were produced , but not the least mark of a promise was made to appear by either , so that nothing remain'd , but that the lord high chancellour , and lords of the privy council ( as they alledged ) perjured themselves , and that the registers of council were vitiated ; and how it 's possible to imagine that all this villany was committed to take so inconsiderable a fellows life ; i leave the world to judge ? however , he also died glorying in his crimes , and recommending to others the sweetness of such assassinations . george lermonth is alledged to have been unjustly executed , because he was condemned for being present at a field-conventicle , with a rod only in his hand : whereas the truth is , that he was condemned for being art and part , that is to say , accessory to the death of a soldier , who was killed upon that place , and that he commanded those who killed him as an officer , of which a man may be guilty in law , without having a sword ; and therefore the iustices most legally repelled the defence founded on his not having a sword. hamilton of monkland was not found guilty because he went into the rebels to seek his son , as some falsly suggest : but because being there , he sollicited a committee of the rebels to make his servant an officer ; and accordingly he being made one , he came back within some few days , and stayed several months with monkland , a point of law so clear that his own advocates could make no reply to evade it . there were indeed two women executed , and but two in both these reigns , and they were punished for most hainous crimes which no sex should defend . their crimes were , that they had recepted and entertained , for many months together , the murtherers of the archbishop of st. andrews , who were likewise condemned traitors for having been openly in rebellion at bothwell-bridge , whereupon they having been prosecuted , declined the king's authority , as being an enemy to god , and the devil's vicegerent . and tho' a pardon was offered to them upon their repentance , they were so far from accepting it , that they own'd the crimes to be duties ; and our accusers should remember that these women were executed for higher crimes , than the following montross's camp , for which fourscore women and children were drowned , being all in one day thrown over the bridge at linlithgow by the covenanters , and six more at elgine by the same faction , all without sentence , or the least formality of law. baillie of iervisewood was executed for being accessory to , and concealing of a design of raising twenty thousand men , and siezing the garrisons of berwick and carlisle , and the officers of state. nor would the advocate raise an indictment until sir george lockhart , and one of the learnedst of the present judges ; did declare that the point of law and probation were both most clear , and thereupon concurred in the process ( concealing of treason is beyond all debate punishable as treason in our law ) and some of the witnesses were his own relations , who swore plainly and positively against him . the e. of argile's process deserves to be more largely clear'd ▪ and since this last parliament has rescinded it , we shall without any justification represent the matter of fact , which stands thus . the test being enacted to be a bulwark to the protestant religion , as upon the event it prov'd , the e. was not oblig'd , but would needs take it with this caution , i take it as far as it is consistent with it self , or with the protestant religion ; and i declare , that i mean not to bind up my self to wish or endeavour any alteration i think to the advantage of the church or state ; whereupon the council observing , that the test by one part of this his declaration appear'd ridiculous , and by the other it became ineffectual to all the intents and purposes for which it was design'd ; for so every man's opinion became the rule of his own loyalty , and no man thereby oblig'd to be further loyal than he himself might think convenient . they therefore interposed earnestly with the earl to pass from this his declaration , but he refusing to disown it in the least , and copies of it being industriously spread abroad , it was represented to him , that by acts of parliament , all such as put limitations upon their allegiance were guilty of treason , for beside , that men are not obliged to dispute the reasonableness of acts of parliament after they were once made ; it is apparent that this act was made upon most just and necessary motives , for the foundation of the rebellion in the last age , was , that by the covenant the subjects were not further obliged to own the king's interest , than in so far as it agreed with the word of god , and the laws of the land , of which every private breast made himself the iudge ; and if this be allow'd , no oath of allegiance can bind , and so all society must be dissolv'd . notwithstanding all which , the earl still persisting , and the duke then high-commissioner , being assured by one of the best lawyers in the nation , that the paper imported treason , ( tho' the advocate scrupled to prosecute him from a principle of personal kindness to the earl ) he was thereupon prosecuted , and found guilty after a full debate , wherein eight or nine of the best lawyers of the nation , by a positive command from the council , did assist the earl it is here also very observable , that no malice could be design'd against the earl ; because he was earnestly entreated to pass from the paper containing his declaration before the process should commence ; and after all , the captain of the castle was allow'd not to keep him strictly , and as it is undeniable , that the king allowed the earl's estate to his creditors , and that his children got a far larger share of it , than if he had dy'd in his bed ; so it can be prov'd it was fully resolv'd , that he should not die , nor did he die till he had invaded his native countrey by open war , whereby the parliament being convinc'd by this open act , that he had very clearly design'd by the former caution in his explicatory declaration of the test , to reserve to himself a power to rise in rebellion when he thought fit ; as was argued in the former process ; they therefore ratified the process of forfaulture ( nemine contradicente ) and added their authority to that of the iustice court , and because 't is wonder'd why he was not prosecuted upon this new rebellion ; it is answer'd , that by the laws of all nations , and by the laws especially of scotland and england , no man can be try'd for the very same crime for which he stands convicted , tho' he may for a crime which deserves a greater punishment , for the law has exhausted its revenge by the first sentence ; but yet where a new notorious aggravation superveens , which is so clear , that it can admit of no debate , nor needs no probation ; it were very unjust that the law should not here be put in execution , tho' the first sentence had been thought too severe to deserve it . we conclude then this process with this reflection , that a government can in no sense be call'd severe , where the person accus'd has liberty ( and is entreated ) to retract his crime , where his children and creditors get all his estate , and where he himself does not suffer , until he made it manifest by his invasion of his native countrey , that the design of his explaining the test in a paper under his hand , was to reserve to himself a power to rebell , and till he had aggravated highly his former guilt . but why do they reproach us with this one decision , who do yet sustain those abominable ones , that were executed without the least shadow of justice against the marquess of huntley and montrose , president spotswood , haddo , and seven hundred gentlemen more , who died by their justice court , when their covenant over-rul'd law and equity : and against four hundred and fifty gentlemen and commons who died by the justice-court of argyle , beside the many thousands who died in the civil war , ( of which they must be guilty , who raised it , and who never yet made the least profession of repentance for it . the parliament , , being inform'd of monmouth and argyle's invasion , and being convinc'd that argyle had reserv'd that power in his explicatory paper of the test , meerly that he might invade his countrey and its laws ; and reflecting on the treasonable principle of the covenant of defending the king , only in defence of religion , and the late limitations of owning no king , except he had taken their covenant ; they therefore ( not by a recognising act , but in the narrative only of the act relating to the excise ) offer'd their lives and fortunes , without reserve ; which clause was inserted by the parliament , not to introduce a blind slavery , as some maliciously pretend , but meerly to exclude these rebellious limitations of obedience invented by the covenanters , which were inconsistent with former standing laws , and by which the people had been highly debauch'd in the late civil war ; for in that very parliament they enlarged the peoples liberties , and ratified all laws in favours of the protestant religion ; and the very same persons in the next parliament refus'd to take away the penal statutes , whereas , if an absolute slavery had been design'd , all the former acts establishing our liberty and property , and all the concessions granted to us by our kings for securing our lives and fortunes , should have been expresly ▪ enumerated and abrogated ; and so the words in the narrative of that act could be no warrant for the proclamation , disabling the laws against toleration as some would have us believe : and they who now complain , were the only persons who then took the benefit of that stretch of the prerogative . we could wish that our accusers would be careful , that in being too rigid censurers of us , they do not expose all governments , and even the present to reproach ; for it would seem to some who are now by-standers , as they then were , that though they cry'd out against us for torturing , when it was warranted by our uncontroverted law ; yet the expediency of government , or some other reason makes them do it , after they had declar'd it a grievance , and had rail'd against it as inconsistent with all humanity . nor do i see that the reserving it only to king and parliament answers this objection ; for the parliament by their authority cannot make that fit , which is inconsistent with humane nature , or that convenient which was declar'd to be incapable to produce the true effect for which it was design'd : and the making torture then only a grievance , when inflicted without a cause ( as is pretended ) seems to satisfie as little , since every man can easily pretend that what he does is done upon just motives . the imprisoning many , and keeping them long , can hardly be objected to us , since the present government find themselves obliged to do both ; and the last parliament , in their great wisdom , thought it fit to reject a bill for habeas corpus , when it was press'd as suitable to one of the grievances : nor can we yet discover why the forfeitures of those should be rescinded by the current parliament , who were sentenc'd for having taken up arms at pentland-hills , and bothwell-bridge ; or those who were forfeited for the proclamations at sanquhar , and elsewhere , wherein king charles was declared to have lost his right to the crown , for having broke the covenant ( that tripartit and fundamental contract betwixt god , the king , and his people ) and wherein it is declared a duty to kill him , and all who serv'd him , and to throw off the race of the stewarts , as constant enemies to god : * as also how the forfeiture of the duke of monmouth , and all who adher'd to him , and that of the earl of argyle were repealed in cumulo ; for if it be lawful for subjects to rise in arms upon the single pretence of conscience , no king , nor no government can be secure : if a considerable part of the nation should now rise for liberty , property and episcopacy , upon the same pretext , would the parliament find this defence good ; some are also found who reproach the present government for suffering ministers to be thrown out by the rabble without any previous tryal or reparation afterwards , and many other things which afford but too great ground for satyr and complaint , if i were inclined to either . the necessity of state is that supereminent law to which upon occasion all particular acts must bow ; what else can be alledged to justifie the throwing out the first estate of parliament , the passing by the magistrates then in possession in making of their elections ; and allowing some who had been sentenced for treason to sit and vote in parliament , without ever examining the grounds upon which they had been condemned : these who think that the necessity of state can justifie such proceedings , ( which must be their only plea , ) ought to be very careful how they blame their predecessors for severities , which some mens ungovernable humours necessitated them to . we must also be allowed to admire how those who so eminently comply'd with the dispencing power in taking an indulgence from the papists , and who magnified king iames upon that account as the best of kings that ever reign'd , should so snarle at us , who in a parliament ( at which not one of them assisted ) refused to take away the penal laws made against popery , whilst many of us resign'd our places willingly in defence of those laws ? or how those who did sit in parliament and judicatures with us , consenting to and approving what was done in those reigns , should now countenance such reproaches against us ; it being most undeniable that there 's but very few who deserved any employment , or had any sence , who did not concur in most of those things for which we are now so severely censured , and there are very few of any note or consideration either in the last convention , or present parliament , who have not been accessory to many of the things now complain'd of . we do therefore in the last place recommend to all disinteressed men , to consider that the men of the greatest quality , learning , experience , parts , and estates being then in the government , and upon oath , it is to be presumed that love to the salvation of their souls , respect to their honour , and care of their families and posterity would have obliged them to shun and avoid all those severities with which they are now most unjustly charged , and in common charity to believe , that what was then done by those in power , was design'd only for the security of the protestant religion , against those factions and schisms , and to preserve the country from those civil wars and distractions which had destroyed both in the last age ; and threatned to do the like in this ; notwithstanding all the pains and care that was taken to reduce the authors of those mischiefs to live peaceably and quietly . we foreseeing very clearly , that one months civil war would occasion more ruine and destruction to the country , than possibly the severities of a whole reign could do . the only design of this paper being to defend our selves , without offending others , and rather to cement than widen differences , we wish that all sides may busie themselves so much in setling their native country , that they may forget injuries , which the most impartial cannot think so great in the reign of king ch. the second , as those that were committed by the complaining party in the reign of k. ch. the first , and we should be sorry they had been ballanced . but sure they will be most unpardonable , who begin again upon a new score ; for after that nothing can be expected , but that all parties will run in an endless circle of severities . which god of his infinite mercy avert . a true account of the forms us'd in pursuits of treason , according to the law of scotland : by which the justice of that nation may be known to mis-informed strangers . written anno . it is much to be admired , that such as never read our law , revis'd our records , nor were ever employ'd as iudges or advocats in our criminal courts , should adventure to condemn the proceedings of those , who for many years have made that part of our law their constant study , who were upon oath , and knew that their posterity should be judged by their decisions . but to inform all men more particularly , and to set things in their true light ; i shall represent the legal way of procedure in cases of treason , which is the only crime to which this jealousie may reach ; and then prove that the king's advocat cannot prejudge the party accus'd in any step of the process . treason may be pursued either at the instance of a private informer , or at the instance of the king's advocat , who is ratione officii , calumniator publicus : if a private person inform , then his name must be exprest , to the end he , nor none of his relations may be us'd as witnesses , he must find surety that he shall prove , and that he shall insist , as being liable in * poenam talionis , if he fail in proving the crime . when the pursuit was to be carried on for the publick interest , the king's advocat examined the witnesses alone ; but sir george mackenzie thinking the advocat might have been jealous'd , as too interested , prevail'd to get this examination referr'd to the iudges , who in all nations enquire into the grounds whereupon pursuits are to be rais'd , and after the depositions were taken , and sign'd by the iudges and witnesses , the advocat presents them to the privy council ; and if , after reading them , and a full debate upon them ( many of the learned lawyers of the nation being privy counsellors ) it be found by vote of council , that there is sufficient ground from the evidence to raise process of treason , then there is an act of council drawn , ordering the king's advocat to insist ; but in this tryal , the advocat , tho a counsellor , never votes . the reason why this previous examination is allow'd , is to secure the subjects against their being rashly and unwarrantably pursued or prosecuted without sufficient grounds : but left a witness might have lookt upon himself as pre-engaged by this previous deposition ; therefore these first depositions were always torn , and the witnesses declared free from whatever they had formerly depos'd . to strengthen the security of the defendant or party accused , sir george mackenzie us'd to interpose with the officers of state , before the depositions were brought into the council , and to represent to them his own scruples : and if the officers of state continued still of opinion that a process was to be rais'd , or the party accused to be proceeded against , then he desired the ablest advocats of the nation to be called , before whom the depositions were read , and if they concurr'd with the officers of state in their iudgment of the matters being criminal , then these advocats were ordain'd also to concur with him in the pursuit . and many of the most learn'd and most popular advocats did concur with him in the most intricate cases ; as in argyle's , iervis wood's , &c. which is not to be imagin'd they would have done , had they thought their pleading in these cases any guilt or fault . tho by the laws of england and other nations , the defendant is allowed no advocats to plead for him in criminal cases , but especially not in treason , except where the iudges can see debateable points of law , yet lest the defendant may by ignorance or confusion omit to represent those matters of fact , from which new points of law may arise , therefore our law allows always advocats to the defendant , and forces any whom he does name to accept the employ . act . parl. ii. i. . tho by the laws of some nations no witnesses are allow'd to be produc'd for the defendant , but such as do appear voluntarily , yet when sir george mackenzie was a iudge in the criminal court , which answers to the king's-bench in england , he ordered for the good of the people the remedy of exculpation , whereby the defendant representing that he has some defences , a warrant is giv'n to force the witnesses whom he names to appear , under severe penalties ; and such time is granted to him and them , as may be sufficient for their appearance , and these witnesses when compearing are examined upon oath , and the iury is obliged to believe any two of them ( tho no witnesses are allowed to swear against the king in england ) this order was thereafter turn'd into an act of parliament . act . sess. parl. . ch. . article ii. and also to take off all possibility of packing iuries in edinburgh , where generally the juries are chosen , 't was ordered by the iudges , at sir george his earnest request , that the town of edinburgh should give up a list of all their housekeepers who were able to pass upon iuries , and that all these should be named per vices , according to the situation of the place where they liv'd . because the defendant did not know what witnesses were to be produced against him by the king's advocate , and so could not have witnesses ready to prove his objections against them , therefore sir george prevailed with the parliament that the king's advocate should be for ever after obliged to give with the indictment a list of what witnesses or members of inquest were to be used by them ; and an order is given for citing any witnesses the defendant pleases , with a competent time for bringing them . fifteen days being still the least time allowed by our law , for preparing the defendant in all such cases . when the day of tryal or appearance comes , the witnesses who were present at the giving the citation are obliged to depose upon oath , that they truly saw the citation given : thereafter the king's advocate produces his warrant : nor did ever sir george mackenzie prosecute any man until he was commanded by the council , and till he produced his warrant , ( as still appears from the records of the council and criminal court , to both which he solemnly appeals ; ) and then the indictment is read , after which the advocates for the defendant , dictate to the clerk his defences ; to which the king's advocate dictates his replies , the defendants advocates again their duplies , &c. and that to the end the iudges may the better consider what is said , and may stand in awe of posterity . after the debate is closed , the king's advocate and all others retire , and the iudges having read fully the debate , they argue the case amongst themselves , and thereupon they by their interlocutory sentence find such and such points to be relevant , that is to say , well founded in law , and they sign this interlocutory sentence or iudgment , which is imposed as a further tye upon the iudges , for the security of the people ; nor are witnesses allowed to be examined upon any thing , but what they have found thus to be legal . the advocates for the king and defendant being both called in before the court , the defendant hears the sentence read , and then the forty five iurors are called , and the defendant's objections against them are discussed ; and tho' of old the king's advocate had the naming of the iury , as being presumed disinteressed , yet sir george mackenzie prevailed to get an act of parliament , whereby the nomination of the iury was referred to the iudges , fifteen of these forty five only are admitted as a sufficient iury , and the defendant is allowed to challenge or reject , without giving any ground or reason for it , any thirty that he pleases of that number , and the fifteen who remain make up the jury , and are set by the judges . the iury being thus constituted , in the next place all the witnesses are called in before the court one by one , and not allowed to hear what one another say ; and after the objections against such witnesses are fully debated in writ and upon record , the witnesses are either admitted or rejected , as the judges find ground in law and equity : if admitted , the president of the court examines only upon what is found legal or relevant in the indictment . and in the next place he is examined upon any interrogatory that is moved either by the defendant , or any of the iury for him , and then the whole deposition is dictated by the president of the court , and is fully read in the hearing of the witness , and of the defendant and his advocats ; and if they desire any thing to be corrected , it is accordingly done , if the witness agree with them in the correction ; and in the last place , the deposition is signed by the president and the witness that gave it . all the depositions being thus taken , the advocats for the king , and defendant speak to the iury in a full harangue ; but because the publick interest was still to be preferr'd to private mens , therefore our law allowed the king's advocat to be the last speaker in all criminal cases , till sir george prevail'd with the parliament to give the last word to the defendant in all cases except that of treason , because ordinarily the greatest impression was supposed to be made by the last pleading . the debate and examinations thus ended , the iury are enclosed , and get in with them the whole debate , interlocutory sentence and depositions in writing , signed by the iudges , clerk , and witnesses . this instructs them fully how to proceed ; and after they have chosen a chancellour ( or foreman ) and a clerk , they read all the process , and debate fully upon it ; and to the end every iuror may stand in awe of posterity , it is marked by the clerk in the verdict , who absolved , and who condemned ; and as no witness can be examined but in presence of the party indicted , so if any man speak to any of the iury after they are enclosed , the defendant is for ever free. and tho of old the clerk of the court was used to be enclosed with the jury for their direction ; yet sir george mackenzie procured , that , because the clerk had some dependance upon the crown , he might be excluded from going in with them , and that they might chuse their own clerk ; which they use accordingly to do since that act. art. . of the foresaid act. . by this it appears , that no nation is more nice in securing the subject , or have ever shewed more judgment in processes or proceedings of treason , than scotland has . in the next place i must observe , that no nation has ever blamed a king's advocat for assisting in criminal processes , nor lies there any action or scandal against him any where on that account ; as can be proved from many hundreds of citations of the best laws and lawyers ; but he darkens his own cause , when just , who uses these to ignorant people ; and he lessens his own esteem , who thinks he needs them amongst men of better sense : the law trusts him entirely as a publick servant , who manages these pursuits by virtue of his office , and not by malice . the king's advocat must either have a negative over the king and all the iudicatories , by refusing to concur , by which he might make the justest pursuit useless ( for tho he should lay down his employment , yet it would give an ill impression even of the best cause ) or otherways he must be obliged to concur ; in which case he can do no prejudice , because iudges are presum'd to be learned , and the advocat is still to be consider'd as too interested , to have any dangerous influence : nor can he abuse the iury with any misrepresentation in point of law , for they are only allow'd by our law to consider what is meer matter of fact , and whether the precise point of law referr'd to them by the judges , be prov'd by these depositions of the witnesses which lye before the jury in writing . iudges may err in point of law , and juries in point of fact , but neither of these are entrusted to the advocate , so that poor people are abus'd extreamly when they are informed that the king's advocate occasioned any mans death . sir george might here likewise represent , that in the rebellion against k. ch. i. many noblemen and gentlemen were pursued for rising in arms by that same king's commission by whose authory their iudges did sit ; and yet none of the advocats of these times were ever quarrel'd with or mis-represented for debating even against their master's commission and remission , as will appear by the processes of haddo , president spotswood , marquess of huntley , montross , and hundreds of other gentlemen , but sir geo. needs justifie himself by no such precedents . in the third place , sir george mackenzie may unanswerably urge , that no man who endeavoured so to lessen the power of the king's advocats by acts of parliament and regulations , can be thought to have had any inclinations to stretch it ; as also he may value himself for refusing to accept the king's advocate 's place , till his predecessour resign'd it under his hand ; that he never informed against any man , nor suggested any pursuit ; that when a pursuit was motioned , he pleaded as much in private for the defendant , if the case was dubious , as any of his advocates did thereafter in the process ; nor did he ever shew any vehemence in the process , except when he was jealous'd of friendship to the defendant , or of love to popularity , because he had so pleaded in private : and no age did ever see so many thousands pardoned , nor so many indemnities granted , as was in his time , which as it must be principally ascribed to the extraordinary clemency of the kings he served , so it may be in some measure imputed to the natural byass which sir george had to the merciful hand . there is great reason to believe that poor people are only misled by mis-informations , since some in their pamphlets clamour against the advocate for threatning the iury with a process of errour , whereas all that he does is to protest for a process of errour , which is a duty imposed upon him by our law. they accuse him also for having occasioned great expences to the countrey , for keeping witnesses unexamined , whereas it appears fully from our statutes and practice that the examination of witnesses is no part of his duty , for the sollicitor presents them , and the iudges only can examine them . the bulk of all the processes raised in k. charles . and k. iames . reigns , were against such as rose in actual rebellion at pentland-hills , bothwell-bridge , and argyle 's invasion ; the first were pursued by sir iohn nisbet , one of the best lawyers and country-men that ever pleaded ; and sir george mackenzie did but copy his libels in pursuing men in the other two rebellions , these indictments were founded upon the laws of all nations , and particularly of scotland , declaring that subjects taking arms against the king and his authority were traytors . all the nobility and gentry , almost all who are in the present government rose against them with their swords in their hands , and so were more guilty ( if that must be called guilt ) than any judge ; these proceedings were justified by many parliaments , and all the iudicatures ; and england still continues to think that monmouth's invasion was a rebellion ; so that the succeeding king's advocates could not be blamed for pleading in defence of what others fought for , and judged . there were other two classes of men prosecuted in those times , the one was of the murderers of the arch-bishop of st. andrews , the other was of such as in publick rendezvous of rebellion , * as at sanqhuar , wherein they declared k. ch. . to have forfeited his right to the crown , because he had broken the covenant , which was the fundamental contract betwixt god , the king , and the people , and therefore they declared war against him , and that it was lawful to kill all who served him . now it is left to any indifferent reader to judge whether there needed any eloquence to prevail with iudges or iurors to condemn such rebels . but to shew the clemency of the government , strangers would be pleased to consider that tho' above had been guilty of publick rebellion , yet died not by the criminal court , and above of these might have saved their lives , by saying god bless the king ; not that the refusing to say this was made a crime ( as is villainously represented ) but that this easie defence was allowed under this g●ntle king , whose clemency we wish may be imitated by those who cry so much out against his cruelty ; and amongst the many thousands that rose with argyle , only two notorious rebels were pitched upon by the criminal court to die for the example and terrour of others . and i may safely say , that there died not six in all the the time that sir geo. was advocate , except for being in actual rebellion , and for being guilty of assassination clearly proved ; nor did the earl of argyle himself die till he had actually invaded his native country : nor george lermonth , till it was proved , that ( tho' he wanted arms ) yet he commanded those who were in arms to fall upon the king's souldiers , and so they were killed by his command . and what eloquence is requisite to perswade judges or juries to condemn in such crimes ? to the reader . when we inform strangers of the seditious principles of the scotch presbyterians , they are justly surprised that such villanies can be practised , where humanity and christianity are not openly and plainly renounced , and therefore some of their own authentick papers are here subjoined , which contain the natural consequences of their covenant and principles , by which we leave the world to iudge whether sir george mackenzie has not treated them with all modesty and tenderness , and whether any form of government can possibly subsist , where such wicked and pernicious fooleries are propagated . the solemn league and covenant . wee noblemen , barons , knights , gentlemen , citizens , burgesses , ministers of the gospel , and commons of all sorts in the kingdoms of scotland , england and ireland , by the providence of god living under one king , and being of one reformed religion , having before our eyes the glory of god , and the advancement of the kingdom of our lord and saviour iesus christ , the honour and happiness of the kings majesty and his posterity , and the true publick liberty , safety , and peace of the kingdoms , wherein every ones private condition is included ; and calling to mind the treacherous and bloody plots , conspiracies , attempts , and practices of the enemies of god , against the true religion , and professors thereof in all places , especially in these three kingdoms , ever since the reformation of religion , and how much their rage power and presumption are of late , and at this time increased and exercised ; whereof the deplorable estate of the church and kingdom of ireland , the distressed estate of the church and kingdom of england , and the dangerous estate of the church and kingdom of scotland are present and publick testimonies ; we have now at last ( after other means of supplication , remonstance , protestations and sufferings ) for the preservation of our selves and our religion from utter ruine and destruction , according to the commendable practice of these kingdoms in former times , and the example of god's people in other nations , after mature deliberation , resolved and determined to enter into a mutual and solemn league and covenant : wherein we all subscribe , and each one of us for himself , with our hands lifted up to the most high god , do swear : . that we shall sincerely , really , and constantly , through the grace of god , endeavour in our several places and callings , the preservation of the reformed-religion in the church of scotland , in doctrine , worship , discipline and government , against our common enemies ; the reformation of religion in the kingdoms of england and ireland , in doctrine , worship , discipline , and government , according to the word of god , and the example of the best reformed churches ; and shall endeavour to bring the churches of god in the three kingdoms to the nearest conjunction and vniformity in religion , confession of faith , form of church government , directory for worship and catechising ; that we and our posterity after us , may , as brethren , live in faith and love , and the lord may delight to dwell in the midst of us . . that we shall in like manner , without respect of persons , endeavour the extirpation of popery , prelacy ( that is , church government by archbishops , bishops , their chancellours and commissaries , deans , deans and chapters , arch-deacons , and all other ecclesiastical officers depending on that hierarchy ) superstition , heresie , schism , prophaneness , and whatsoever shall be found to be contrary to sound doctrine and the power of godliness ; lest we partake in other mens sins , and thereby be in danger to receive of their plagues ; and that the lord may be one , and his name one in the three kingdoms . . we shall with the same sincerity , reality , and constancy , in our several vocations , endeavour with our estates and lives mutually to preserve the rights and priviledges of the parliaments , and the liberties of the kingdoms ; and to preserve and defend the kings majesties person and authority , in the preservation and defence of the true religion , and liberties of the kingdoms ; that the world may bear witness with our consciences of our loyalty , and that we have no thoughts or intentions to diminish his majesties iust power and greatness . . we shall also with all faithfulness endeavour the discovery of all such as have been , or shall be incendiaries , malignants , or evil instruments , by hindering the reformation of religion , dividing the king from his people , or one of the kingdoms from another , or making any faction or parties amongst the people , contrary to this league and covenant , that they may be brought to publick tryal , and receive condign punishment , as the degree of their offences shall require or deserve , or the supream iudicatories of both kingdoms respectively , or others having power from them for that effect , shall judge convenient . . and whereas the happiness of a blessed peace between these kingdoms , denyed in former times to our progenitors , is by the good providence of god granted unto us , and hath been lately concluded , and setled by both parliaments , we shall each one of us , according to our place and interest , endeavour that they may remain conjoined in a firm peace and union to all posterity , and that iustice may be done upon the wilful opposers thereof , in manner expressed in the precedent article . . we shall also according to our places and callings in this common cause of religion , liberty , and peace of the kingdoms , assist and defend all those that enter into this league and covenant , in the maintaining and pursuing thereof ; and shall not suffer our selves directly or indirectly by whatsoever combination , perswasion , or terrour , to be divided and withdrawn from this blessed vnion and conjunction , whether to make defection to the contrary part , or to give our selves to a detestable indifferency , or neutrality in this cause , which so much concerneth the glory of god , the good of the kingdoms , and honour of the king ; but shall all the days of our lives zealously and constantly continue therein , against all opposition , and promote the same according to our power , against all lets and impediments whatsoever ; and what we are not able our selves to suppress or overcome , we shall reveal and make known , that it may be timely prevented or removed : all which we shall do as in the sight of god. and , because these kingdoms are guilty of many sins and provocations against god , and his son jesus christ , as is too manifest by our present distresses and dangers , the fruits thereof , we profess and declare before god and the world , our unfeigned desire to be humbled for our own sins , and for the sins of these kingdoms , especially that we have not , as we ought , valued the inestimable benefit of the gospel , that we have not laboured for the purity and power thereof , and that we have not endeavoured to receive christ in our hearts , nor to walk worthy of him in our lives , which are the causes of other sins and transgressions so much abounding amongst us , and our true and unfeigned purpose , desire , and endeavour for our selves and all others under our power and charge , both in publick and in private , in all duties we owe to god and man , to amend our lives , and each one to go before another in the example of a real reformation ; that the lord may turn away his wrath , and heavy indignation , and establish these churches and kingdoms in truth and peace . and this covenant we make in the presence of almighty god the searcher of all hearts , with a true intention to perform the same , as we shall answer at that great day when the secrets of all hearts shall be disclosed ; most humbly beseeching the lord to strengthen us by his holy spirit for this end , and to bless our desires , and proceedings with such success as may be deliverance and safety to his people , and encouragement to other christian churches groaning under , or in danger of the yoke of antichristian tyranny , to joyn in the same , or like association and covenant , to the glory of god , the enlargement of the kingdom of jesus christ , and the peace and tranquility of christian kingdoms , and common-wealths . west-kirk the . day of august , . the commission of the general assembly , considering that there may be just ground of stumbling from the kings majesties refusing to subscribe and emit the declaration offered unto him by the committee of estates , and commissioners of the general assembly concerning his former carriage and resolutions for the future , in reference to the cause of god , and the enemies and friends thereof ; doth therefore declare that this kirk and kingdom do not own nor espouse any malignant party or quarrel or interest , but that they fight meerly upon their former grounds and principles , and in defence of the cause of god and of the kingdom , as they have done these twelve years past : and therefore as they do disclaim all the sin and guilt of the king and of his house , so they will not own him , nor his interest , otherwise than with a subordination to god , and so far as he owns and prosecutes the cause of god , and disclaimes his and his fathers opposition to the work of god , and to the covenant , and likewise all the enemies thereof ; and that they will with convenient speed take in consideration the papers lately sent unto them from oliver cromwel , and vindicate themselves from all the falsehoods contained therein , especially in those things , wherein the quarrel betwixt us and that party is mis-stated , as if we owned the late kings proceedings , and were resolved to prosecute , and maintain his present majesties interest , before and without acknowledgement of the sins of his house and former ways , and satisfaction to gods people in both kingdoms . a. ker. . of august , . the committee of estates having seen and considered a declaration of the commission of the general assembly anent the stating of the quarrel whereon the army is to fight , do approve the same , and heartily concur therein . tho henderson . a true and exact copy of a treasonable and bloody paper , called , the fanaticks new covenant : which was taken from donald cargill at queens-ferry , iune . . one of their field-preachers , a declared rebel and traitor . together with their execrable declaration published at the cross of sanquhair , upon the two and twentieth day of the said month of june ; after a solemn procession and singing of psalms , by cameron , the notorious ringleader of , and preacher at , their field-conventicles , accompanied with twenty of that wretched crew . we under-subscribers , for our selves , and all that join with us , and adhere to us , being put to it by god , our consciences , and men ; do bind our souls with a solemn and sacred bond , lest on the one hand we should be carried away with the stream of the apostacy and defection of the church in this time , and on the other hand , lest we should ( not being so engaged ) evanish in vanity , and be without a right rule in good designs : we have judged it our duty again to covenant with god , and one another , and to publish this declaration to the world of our purposes , that men may know our most inward thoughts , the rules that we walk by , and the outmost ends that we have before our eyes for this intent , that those who are lovers of god , zealous of his reigning in glory , and desirous of reformation , and the propagation of his kingdom , may have occasion no more to be jealous of our intentions , and others may have no ground to load us with odious and foul aspersions ; but , that all knowing the truth of us , if they shall strive against us , and truth with us , shall do it without excuse , and against conviction ; and that those who shall join with us , may do it upon solid and undoubted grounds , and both they and we may expect grace from him , faithfully to persevere , and happily to be successful in so good purposes . it is true , we are not ignorant of the great unmindfulness , failing , counteracting , and mocking that has been in our former vows and covenants with god , and of the great iudgments that hath , and are like to follow such impious and sinful dealing with god in such weighty matters , ( for which we both ought and desire to be humbled before him , ) which cannot but make us with great trembling of heart enter into new ones , knowing both our own weakness and readiness to relapse , and the great hazard and danger of such relapses ; yet , the desire of recovering and preserving a remnant , and the conviction of this , as the most convenient mean , the zeal to gods glory , and christs reigning , ( which is the highest and most acceptable duty man can perform to god , ) hoping for his mercies ( who is witness to the integrity of our hearts and rightness of our intentions ▪ ) that he will instruct , direct , accept , and prosper us , we go forward , declaring , that nothing else but what we here express is our design . i. we covenant and swear , that we take the only true and living god , father , son , and holy ghost , to be our god , and betakes our selves to the merits and righteousness of his son , as the alone righteousness that can justifie us before god ; and that we take his scriptures and word to be the object of our faith , and rule of our conversation in all things ; and that we shall give up our selves to him , to be renewed , instructed , and in all things ruled by his spirit , according to that word ; and shall earnestly endeavour by his grace , to render to him that love , worship , and obedience , that his word requires , and his goodness engages us to . ii. that we shall to the outmost of our power , advance the kingdom of christ established throughout the land , ( if at any time hereafter god shall give us this opportunity ) righteousness and the true reformed religion , in the truth of its doctrine , in the purity and power of its worship and ordinances , and its discipline and government , and free the church of god from the thraldom , tyranny , incroachment , and corruption of prelacy on the one hand , and erastianism on the other . and we shall to our power , relieve the church and subjects of this kingdom , ( we being called thereto , by his giving of us power , power being gods call to do good ) of that oppression that hath been exercised upon their consciences , civil rights and liberties , that men may serve him holily , without fear , and possess their civil rights in quietness , without disturbance . iii. that we shall endeavour to our outmost , the extirpation of the kingdom of darkness , and whatsoever is contrair to the kingdom of christ , and especially idolatry and popery in all the articles of it , as we are bound in our national covenant ; and superstition , will-worship , and prelacy , with its hierarchy , as we are bound in our solemn league and covenant ; and that we shall with the same sincerity , endeavour ( god giving us assistance ) the overthrow of that power that hath established that prelacy and erastianism over the church , and exercises such a lustful and arbitrary tyranny over the subjects , seeking again to introduce idolatry and superstition in these lands , contrair to our covenants : and in a word , that we shall endeavour the extirpation of all the works of darkness , and the relicts of idolatry and superstition , ( which are both much enlarged and revived in our times , ) and execute righteous iudgments impartially ( according to the word of god , and degree of wickedness ) upon the committers of these things , but especially blasphemy , idolatry , atheism , sorcery , perjury , uncleanness , prophanation of the lords day , oppression and malignancy , that being thus zealous for god , he may delight to dwell among us . iv. seriously considering , that the hand of our kings has been against the throne of the lord , and that now for a long time , the succession of our kings , and the most part of our rulers with him , hath been against the purity and power of religion and godliness , and freedom of the church of god , and hath degenerate from the vertue and good government of their predecessors , into tyranny , and hath of late so manifestly rejected god , his service and reformation , as a slavery , as they themselves call it in their publick papers , ( especially in these last letters to the king , and duke of lauderdale ) disclaiming their covenant with god , and blasphemously inacting it to be burnt by the hand of a hang-man , governed contrary to all right laws divine and humane , excercised such tyranny and arbitrary government , opprest men in their consciences and civil rights , used free subjects ( christian and reasonable men ) with less discretion and justice than their beasts ; and so not only frustrate the great end of government , ( which is , that men may live godly , holily and peaceably under them , and might be maintained in their rights and liberties form injury and wrong ) but hath also walked contrary to it , so that it can no more be called a government , but a lustful rage , excercised with as little right reason , and with more cruelty than in beasts , and they themselves can be no more called governours , but publick grassators , and publick iudgements , which all men ought as earnestly to labour to be free of , as of sword , famine , or pestilence raging amongst us ; and besides , hath stopped ( instead of punishing ) the course of law and iustice against idolaters , blasphemers , atheists , murderers , incestuous and adulterous , and other malefactors ; and instead of rewarding the good , hath made butcheries and murthers on the lord's people , sold them as slaves , imprisoned , for faulted , banished and fined them , upon no other account , but for maintaining the lords right to rule consciences , against the usurpations of men , for fulfilling their vows , and repelling unjust violence , which innocent nature allows to all ; of all which , and more particulars , we can give ( we speak as before god ) innumerable and sure instances : neither can it be thought that there is hope of their returning from these courses , having so often shewed their natures and enmities against god and all righteousness , and so often declared and renewed their purposes and promises of persevering in these courses . and , suppose they should dissemble a repentance of these evils , and profess to return to better courses , being put to straits , or for their own ends , ( for upon no other account can we reasonably expect it ; ) and though it might be thought , that there might be pardon for what is done , ( which we cannot yet see to be , without the violation of the law of god , and a great guiltiness on the land , from which guiltiness the land can never be free , but by executing of god's righteous iudgements upon them , for omitting of so greatly deserved , and so necessarily requisite a justice ; ) yet they cannot be believed , after they have violated all tyes that humane wisdom can devise to bind men ; and beside , there will be something of folly found , to think to bind a king that pretends to absoluteness : and our fathers , or rather our selves , at first judged it not warrantable to receive him , without consenting to , and swearing of the covenant : and if so , the renouncing and disclaming thereof , we ought at present to judge to be a just and reasonable ground of rejecting him upon these grounds , being assured of god's approbation , and mens , whose hearts are not utterly byassed , and their consciences altogether corrupted , and knowing assuredly , that the upholding of such , is to uphold men to bear down christ's kingdom , and to uphold satans , and the depriving of men of right government and good governours , to the ruining of religion , and undoing of humane society . we then seeing the innumerable sins and snares that are in giving obedience to their acts , on the other hand , seeing if we shall acknowledge their authority , and refuse obedience to their sinful commands , the endless miseries that will follow , and siding with god ( who we hope will accept and help us to a liberation from their tyranny ) against his stated and declared enemies ; do reject that king , and those associate with him , from being our rulers , because standing in the way of our right , free and peaceably serving of god , propagating his kingdom and reformation , and overthrowing satans kingdom , according to our covenant ; and declares them henceforth to be no lawful rulers , as they have declared us to be no lawful subjects , upon a ground far less warrantable , as men unbyassed may see ; and that after this , we neither owe , nor shall yield any willing obedience to them , but shall rather suffer the outmost of their cruelties and injustice , until god shall plead our cause , and that upon these accounts ; because they have altered and destroyed the lord's established religion , overturned the fundamental and establish'd laws of the kingdom ▪ taken altogether away christ's church and government , and changed the civil government of this land ( which was by king and free parliament ) into tyranny , where none are associate to be partakers of the government , but only those who will be found by justice to be guilty of criminals , and all others excluded , even those who by the laws of the land by birth had a right to , and a share in that government , and that only , because not of the same guiltiness and mischievous purposes with themselves : and also , all free elections of commissioners for parliaments , and officers for government , are made void by their making those the qualifications of admission to these places , which by the word of god , and the laws of this land , were the cause of their exclusion before , so that none can look upon us , or judge us bound in allegeance to them . unless they say also we are bound in allegeance to devils , they being his vicegerents , and not gods. v. we then being made free , by god and their own doings , he giving the law , and they giving the transgression of that law , which is the cause that we are loosed now from all obligations , both divine and civil to them , and knowing that no society of men that hath corruption in them , ( which always is ready to beget disorders and do injuries , unless restrained and punished by laws and government ) can be without laws and government , and withal desiring to be governed in the best way that is least lyable to inconveniencies and tyranny : we do declare , that we shall set up over our selves , and over all that god shall give us power , government , and governours , according to the word of god , and especially according to that word , exod. . v. . moreover , thou shalt provide out of all the people , able men , such as fear god , men of truth , hating covetousness ; and that we shall no more commit the government of our selves , and the making of laws for us , to any one single person , and lineal successor , we not being tied as the iews were by god , to one family , government not being an inheritance , but an office , which must be squared , not to the interest and lust of a man , but to the good of the commonwealth , and this kind of government by a single person , &c. being most liable to inconveniencies , ( as sad and long experience may now teach us , ) and aptest to degenenate into tyranny . moreover , we declare that these men whom we shall set over us , shall be ingaged to govern us principally by that civil or judicial law , given by god to his people of israel , especially in matters of life and death , and in all other things also , so far as they teach , excepting only that law , ( viz. anent slaves , ) which does not agree with that christian liberty established in all christendom , ( only violated by our tyrants , and some others of late , ) and that of divorces and poligamy ; the one being not a law , but a permission granted upon the account of the hardness of their hearts , the other being a sinful custom contrair to the first institution of marriage , crept in into the church : we know that men of malignant and perverse spirits , that has not a higher god than a wicked king , which suits only with their lustful licentiousness , and it may be others with them that seemed to be of better principles , will raise an ignorant clamour upon this , that it is a fifth-monarchy ; and we fifth-monarchy-men , and will labour to amuse the people with strange terms , and put odious names on good things to make them hateful , as their way is ; but if this be their fifth-monarchy , we both are , and ought to be such , and that according to his word . vi. it being the work of the ministers of the gospel , to preach , propagate , and defend the kingdom of god , and to preserve the doctrine , worship , discipline , government , liberties and priviledges of the same , from all corruptions and incroachments of rulers , and all others . and seeing ▪ that the ministers of the church of scotland , ( at least the greatest part of them before ) not only were defective in preaching and testifying against the acts of these rulers , for overthrowing religion and reformation , abjuring our covenant made with god , establishing a government in the church , which that king calls his own government , ( and so not god's , ) contrair to our covenant ; against inacting of that blasphemous ( so calvin calls that supremacy of henry the eighth , upon which this prerogative is founded , and from which it is derived , and is no less , if not more jnjurious to christ , and inslaving to his church , ) and sacrilegious prerogative given to a king over the church of god , and against the other acts and incroachments of his church , and hindred others also who were willing ▪ and would have testified against them , and censured some that did it , ( for which , together with the other causes in their trust and administration , we may say , god hath left them to do worse things ; ) but also hath voted in that meeting , ( which they are pleased to call an assembly of ministers , but how justly , let men judge , ) an acceptation of that liberty , founded upon , and given by vertue of that blasphemously arrogated and usurped power ; and hath appeared before their courts to accept of that liberty , and to be enacted and authorized there as ministers , and so hath willingly ( for this is an elicit act of the will , and not an act of force and constraint ) translated the power of sending out , ordering , censuring , ( for as they accept of their liberty ▪ from them , so they submit to their censures and restraints , at least all of them who were yet tried with it , and others of them appeared and acknowledged before their courts , that they would not have done these things that they were charged with , if they had thought it would have offended them , ) ministers departing from the court of christ , and subjection to the ministry , to the courts of men , and subjection to the magistrate , ( which had been impious and injurious to christ and his church , though they had been righteous and lawful rulers , ) and by their changing of courts ( according to common law ) hath changed their masters , and of the ministers of christ are become the ministers of men , and bound to answer to them as oft as they will ; and as by the acceptation of this liberty in such manner , they have translated the power , so they have given up and utterly quit the government , and a succession of a presbyterian ministry ; for as these were not granted them of their masters , so they exercise their ministry without them , and so by this , as the ecclesiastick-government is swallowed up in the civil , ( if the rest had followed them ) the ministry should have also been extinct with themselves , and the whole work of reformation had been buried in oblivion , not so much as the remembrance of it kept up : these , together with the other of their commissions in preaching , the lawfulness of paying that tribute declared to be imposed for the bearing down of the true worship of god , ( which they falsly termed seditious conventicles , ) and their advising these poor prisoners to subscribe the bond , and consequently could not but so advise all others , if put to it , ( for the hazard that men were in , will not make a real change of the morality of that action , ) and beside , the rest may be put to it upon the same hazard , and so if the one should advise , ( which consequently they must do , ) and the other should subscribe , this would altogether close that door which the lord hath made use of in all the churches of europe , for casting off the yoke of the whore , and restoring the truth and purity of religion and reformation , and freedom of the churches , and should have stopped all ingress for men , when once brought under tyranny , to recover their liberty again . these ministers then , not being followers of christ , who before pontius pilate , gave a good confession , which was , that he was a king ; and no king , if he have not power to order his house and subjects , and they not following him , nor his ministers , if not asserting and maintaining of this kingly power , against all incroachers and usurpers of it ; and besides , we being commanded , if any brother walk disorderly , from such to withdraw ; and although in the capacity we now are in , we neither have , nor assume to our selves authority to give our definite and authoritative sentences of deposition and suspension against these ministers ; yet we declare , which is proper for us to do , that we neither can , nor will bear preaching , nor receive sacraments from these ministers that hath accepted of , and voted for that liberty ; and declares all who have encouraged and strengthened their hands , by hearing and pleading for them , all those who have traffiqued for an union with them , without their renouncing and repenting of these things , all those that do not testifie faithfully against them , and after do not deport themselves suitably to their testimonies , and all who joyn not in publick with their brethren , who are testifying against them ; we declare , that we shall not hear them preach , nor receive sacraments from them , at least , till they stand in judgment before these ministers , and be judged by them who have followed the lord , and kept themselves free of these defections : and as our hearts hath cleaved to these ministers , while they were on the lord's side , and subjected our selves to them , so we shall still cleave to those that abide following him , and shall be subject to them in the lord. vii . then we do declare and acknowledge , that a gospel-ministry , is a standing ordinance of god , appointed by christ , to continue in the church , until the end of the world ; and that none of us shall take upon him the preaching of the word , or administring the sacraments , unless called , and ordained thereto , by the ministers of the gospel : and as we declare that we are for a standing gospel-ministry , rightly chosen , and rightly ordained , so we declare , that we shall go about this work in time to come , with more fasting and praying , and more careful inspection into the conversation and holiness of these men that shall be chosen and ordained , the want of which formerly , hath been a great sin , both in ministers and people , which hath not been the least cause of this defection . the declaration and testimony of the true-presbyterian , anti-prelatick , and anti-erastian , persecuted-party in scotland . it is not amongst the smallest of the lords mercies to this poor land , that there hath always been some who hath given a testimony of every course of defection which we were guilty of , which is a token for good , that he does not as yet intend to cast us off altogether , but that he will leave a remnant , in whom he will be glorious , if they ( through his grace ) keep themselves clean still , and walk in his way and method , as it hath been walked in , and owned by him in our predecessors ( of truly worthy memory ) their time , in their carrying on our noble work of reformation , in the several steps thereof , from popery and prelacy , and likewise from erastian-supremacy , so much usurped by him , who it is true ( so far as we know ) is descended from the race of our kings ; yet he hath so far deborded from what he ought to have been , by perjury and vsurpation in church matters , and tyranny in matters civil , as is known by the whole land , that we have just reason to believe , that one of the lords great controversies against us is , that we have not disowned him , and the men of his practices , whether inferiour magistrates , or any others , as enemies to our lord and his crown , and the true-protestant ▪ and presbyterian interest in their hands , our lords espoused bride and church . therefore , although we be for government and governours , such as the word of god , and our covenants allows , yet we for our selves , and all that will adhere to us , as the representatives of the true presbyterian church , and covenanted nation of scotland , considering the great hazard of lying under such a sin , do by these presents disown charles stuart , who hath been reigning , or rather ( we may say ) tyrannizing on the throne of scotland , or government thereof , ( for faulted several years since by his perjury and breach of covenant with god and his church , ) and usurpation of his crown and royal prerogatives therein , and many other breaches in matters ecclesiastick , and by his tyranny and breach of the very leges regnandi in matters civil ; for which reasons , we declare , that several years since he should have been denuded of being king , ruler , or magistrate , or having any power to act , or to be obeyed as such : as also , being under the standard of christ , captain of salvation , we declare war against such a tyrant and usurper , and all the men of his practices , as enemies to our lord jesus christ , his cause and covenants , and against all such as have strengthened him , sided with him , or any ways acknowledged him in his usurpation and tyranny , civil and ecclesiastick , yea , and against all such as shall strengthen , side with , or any ways acknowledge any other in the like usurpation and tyranny , far more against such as would betray or deliver up our free reformed mother church , into the bondage of antichrist , the pope of rome . by this we homologat the testimony given at rutherglen , the twenty ninth of may , . and all the faithful testimonies of those that have gone before us , as of those also that have suffered of late ; and we do disclaim that declaration published at hamiltoun , iune . chiefly , because it takes in the kings interest , which we are several years since loosed from , because of the foresaid reasons , and others , which may after this ( if the lord will ) be published . as also , we disown , and by this resents the reception of the duke of york , a profest papist , as repugnant to our principles and vows to the most high god , and as that which is the great ( though alace too just ) reproach of our church and nation : we also , by this , protest against his succeeding to the crown , and whatever hath been done , or any are essaying to do in this land ( given to the lord ) in prejudice to our work of reformation . and to conclude , we hope none will blame us for , or offend at , our rewarding those that are against us , as they have done to us , as the lord gives the opportunity . this is not to exclude any that hath declined , if they be willing to give satisfaction to the degree of their offence . given at sanqhuair , iune . . these are the true and exact copies of the fanaticks new covenant and declaration ; collationed with the originals , which are kept amongst the records of his majesties privy-council ; and attested by al. gibson , cl. sti. concilii . and will. paterson , cl. sti. concilii . a blasphemous and treasonable paper , emitted by the phanatical undersubscribers , on may . . according to the original lying in the hands of the clerks of his majesties most honourable privy council . we undersubscribers , now prisoners for the truth in the cannongate tolbuith , though most vile , yet it pleased the holy ghost to work on our spirits of a time past , in clearing causes of wrath , and shewing us duty from day to day , that now in some time past we are , and have been called mad men and devils , and now there is none in the kingdom , in prison , or out of prison that we can converse with as christians . and yesterday being the day of the th moneth , it seemed good to the holy ghost and to us , to take out of our bibles the psalms in meeter for several causes mentioned afterwards , for the book of the revelation says , if any man should add unto these things , god shall add unto him the plagues which are written in this book ; and we did burn them in our prison-house , and sweep away the ashes . likewise , in the holy scriptures , we renounce chapters and verses , and contents , because it is only done by humane wisdom , and the changing of the books after the holy ghost had placed them : we being pressed to this work by the holy ghost , do renounce the impression and translation of both the old and new testaments , and that for additions put unto them by men , and other causes ; as first , putting in horrid blasphemy , making a tyrant patron of the church , when the scriptures holds of none but of god , and needs no patronage from any king , prince , or rulers , and the writing of that blasphemous , sacrilegious , ( as some call it ) the epistle dedicatory , filled with such language , as dread sovereign highness , most high and mighty , most sacred majesty ; and likewise the horrid unparallell'd blasphemy , making a triangle with these hebrew letters in it thus , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 iehovah , representing the trinity ; and likewise putting in horrid pictures in several places of the holy scripture , and likewise drawing scores betwixt the books of the bible , and other superfluous traditions . likewise we renounce the catechisms larger and shorter , and confession of faith , against which we have many causes ; one cause is , in the chap. for the scripture proofs that they cite , proves the contrary of that they write . we renounce the acts of the general assembly , and all the covenants , and acknowledging of sins and engagement to duties , and that which they call preaching books , and all their works , way , form , and manner of worship , doctrine , discipline , and government , and the studying on their books , the thing they call their preaching , for instead of going to god for his mind to the people , they go to their books , and so makes their books their god and their leader , and so all following that way , go to hell together : the cause of this is , we find none of their works but they are like themselves , carnal and corrupt , according to that scripture , hate the garment spotted with the flesh. we renounce the limiting of the lord's mind by glasses , and their ordination of men only learned , and their saying , that learning is the essential of a minister without grace . likewise , we renounce their manner of renewing covenants , pressing mens consciences to take a covenant , and by so doing has filled the kirk and state with tyrants and incarnate devils , as we find this day , they knew the men to have no marks of grace , but on the other hand , to be prophane , as them they call king and rulers , captains and comanders in state and armies , and all kirk officers whom we call tyrants and iudas's , for by so doing they have corrupted both kirk and state , as this day kirk men and states men , whom we call iudas's and tyrants , are studying in opposition to holiness and the work of reformation , who entred in by these same covenants , are now pursuing our lives for a christian walk . and likewise , we renounce the covenant taken at queensferry , commonly called cargil's covenant , and likewise hamiltown declaration , yea , and sanquhare declaration , because they may and has owned these , and are owning these , who are enemies to holiness , and were enemies to us , as some of them said , we should suffer kirk censure for giving over the old apostat ministers to the devil , and some of them counted us their enemies for the truths sake , and sent us word they would protest against us , and so we justifie our lord in breaking them at airds moss , we justifie the lord likewise , in taking away that they call field-preachings , or mockings , because they were nothing but rebellion against the high lord , as we find now when our lord is come to the cross , there is neither minister nor people to bide by him , of the many thousands has flocked to the thing they call preachings or mockings , and therefore now all are found void of saving grace , and so we see that word is accomplished , strait and narrow is the way that leadeth unto life , and few there be that find it : and that other word , many shall strive and shall not be able . we finding all former actions to be such as devils has and can creep in at ( as declarations and covenants ) and get the name of saints : therefore , this day it seemed good to the holy ghost and to us , to renounce and burn the former covenants and declarations , because they are not strait enough according to scripture , and all their works such like , and therefore we will own none of their works , till it please the lord to give us teaching from himself . by this all may know and understand , we overturn , and formally burns all the former works of the clergy of scotland , and throughout all the whole world , that are in opposition to holiness , dated the th day of the week , being the . of the th month , . about mid-day . we renounce and decline all authority throughout the world , and all that are in authority , and all their acts and edicts , from the tyrant charles stuart , to the lowest tyrant , and burns them the same day , being the th day of the week , the day of the th month , . at cannongate tolbuith iron-house . we renounce the names of months , as ianuary , february , march , april , may , iune , iuly , august , september , october , november , december . sunday , monday , tuesday , wednesday , thursday , friday , saturday . martimas , holydays , for there is none holy but the sabbath day . lambmas day , whitsunday ▪ candlemas , beltan , cross stones , and images , fairs named by saints , and all the remnants of popery , tool or christmas , old wives fables and by-words , as palmsunday , carlinesunday , the th of may , being dedicat by this generation to prophanity , peacesunday , halloweven , hogmynae night , valentins even ; no marrying in the month they call may , the innumerable relicts of popery , atheism and sorcery , and new years day , and hansell-monday , dredgies and likewakes , valenteins fair , chappels and chaplains : likewise sabbath days feastings , blythmeats , banquetings , revelling , pipings , sportings , dancings , laughings , singing prophane and lustful songs and ballads , table-lawings , monk-lands , frier-lands , blackfrier-lands , kirks and kirkyards , and mencat crosses , fount-stones , images , registers of lands and houses , register bonds , discharges , and all their law-works , inhibitions , hornings , letters of adjudications , ships-passes , prophanity and all unchast thoughts , words and actions , formality and indifferency , story-books and ballads , romances and pamphlets , comedy-books , cards and dice , and all such like , we disown all of them , and burns them the th day of the week being the th day of the th month , , at the cannongate , tolbuith iron-house . we renounce all the customs and fashions of this generation , their way and custom of eating and drinking , sleeping and wearing , and all our own former ways , as well religious as moral , in so far as they have been squared and casten in this generations mould , and all our iniquious courses , lightness and unconcernedness with the glory of god , the only end wherefore we were sent into the world the th day of the week , being the th of the th month. we renounce all that are now in prison-houses or correction-houses , men and women ; for none of them are with us in this work , and when we sent them a copy of this our renounciation , they called us devils . the copy of this we burnt instead of the books and works of this apostate generation , and buried the ashes in our and covered it with dust . notwithstanding of our burning covenants and declarations , and renouncing of them and their works ; be it known to all , that we do neither vindicate the cursed murderers of their bloodshed on fields , and scaffolds , and seas , and other horrid cruelties , such as torturings , imprisonments , pillagings , banishments , scourgings , stigmatizings , &c. nor condemn we the worthy martyrs , and the sufferings of others , only we give the lord justice , and vindicats his tarrying , for now the furnace has brought forth a more pure cause which we term , holiness to be built upon the word of god. that all may know and see our innocency , and know our end is and was the glory of god in all we did , though we came far short ; and in the months past we could get none to shew us kindness for meat or lodging , though we could pay for it our selves : that word in malachy , ye are cursed with a curse , for ye have robbed me , even the whole nation . and likewise in deut. we seeing the land all thus cursed , and all justifying themselves in that iniquity , were afraid to eat , or drink , or sleep under a roof with them : though there were many that would have shelter'd us , yet we could not eat , drink , converse , or pray with them , lest we had come under the curse , so many times our beds has been in the open fields , and we have come to houses and they would not sell us meal to make potage of , and we have found meal and water a rare dish , because the curse was off it , and it was blessed to us , according to that scripture , the blessing of the lord maketh rich. we are not murmuring in this , but when the weather has been worst , winds and rain , cold frost and snow , and when we had fasted most , we were best satisfied , according to that scripture , all shall work together for their good , that truly seek the lord ; when we had outward straits , then we had most inward peace , we had joy in the holy ghost , so the things the world calls the worst of our life , as reproaches , imprisonments , nakedness , hunger , and cold , &c. we had rather be suffering for our lords sake , than be kings of the whole earth , for our joy no man can take from us , and our prison is so pleasant through our lord , that we care for no company , for we know no company but all are cursed , and we know not what it is to be weary , but according to that scripture , eat and drink my beloved , yea eat and drink abundantly , we are rather in paradise . these things were cleared to us when fasting and praying , and we were pressed to do this by the holy ghost , we had many fasts about this thing , and this week we took some milk and bread in the third day of the week in the morning being the after the th month . and tasted neither meat nor drink , nor any other kind of living , till the th day of the week at ▪ day of noon ( and then we took a little milk and bread ) for to find out the causes of his wrath we have wandred , mourned , wept , many a night and day in houses and fields , for we have and has had no other end but his glory , that the elect such as should be saved might be brought in , and it is only conscience that keeps us from giving men reverence in word and behaviour , though some call us dumb devils , and unlearned bruits , and one of us when coming before them they call rulers , was called a block-head , notwithstanding of all that came on us , we know and are taught by the holy scriptures , to give honour unto whom honour is due , and to salute one another , but it has been our work of a time to renounce the filthy vile imbracings , salutations , and complements of this generation , which they call court-breeding , our carriage , professing to follow the lord jesus , should be steed and circumspect according to that scripture , let us walk circumspectly , not as fools , but as wise men , as it is written in matthew , let your light so shine before men , that they may see your good works , and glorifie your father which is in heaven . cursed are they that says peace to a land , who are in the place of watchmen , when the lord says no peace , which practice , we silly unlearned creatures renounce , for we bless him he has keeped us from resting till the ark rest , and as for these they call watchmen , that cries peace or keep silence , we shall refer them to the prophet ezekiel , which ye may read at leisure , which we think shall be scotland . doom , for we have heard tell of few of them they call ministers , but they have all said peace , when brought before the enemies to witness their practice , being most unconscionable on hill sides , and moor sides , before several thousands , they called them tyrants , and intollerable oppressors , and their government tyranny and oppression , and that the crown of supremacy that charles stuart had usurped over the kirk , would weigh him down from the throne , and all that race with him , and when they are brought before them , and into prisons , nothing but in with the other supplication , to the honourable lords of his majesties secret council , beck and beinge , and please your lordships grace , &c. and now they are all at peace with his enemies , save one whom we disown , and so or long the enemies shall curse them , when the lord awakens their consciences , ( though we confess we have had some special witnesses of ministers ) and we think or long , the malignants shall pursue these ministers to death for unfaithfulness , for the vilest creatures in the land high and low , rich and poor , noble and ignoble , must give account for works done in the flesh ; then the dogs , sorcerers , whoremongers , and murderers , and idolaters , false-swearers , cursers , sabbath-breakers , idle loose livers , and all that are unchast in thoughts , words , and behaviour , and all that makes no conscience of their way , and whosoever loveth and maketh a lye , shall tremble that day when they shall enter into eternity ; when it shall be said as it was to dives , thou in thy lifetime hadst thy good things , and lazarus his bad things : for except a man be born again , he can in no wise enter into the kingdom of heaven . we take up the book of the holy scripture at the lords command , and for a testimony of our dissatisfaction , at the abounding corruptions , both of translators and the press , and likewise for a testimony of our desires and intentions for a new translation and impression , free of the foresaid and other abuses , we to our power reform our own books , and sayes , that the word of god needs no humane art ; we hold that the word of god is laid the foundation of this new building , and shortly it shall become the head corner stone of the building , over both kirk and stater kirk-men , and states-men ; so that scripture towards the end of the rev. of iohn shall be fulfilled ; and i saw heaven opened , and behold a white horse , and he that sat upon him was called faithful and true , and in righteousness he doth iudge and make war , his eyes were as a flame of fire , and on his head were many crowns , and he had a new name written that no man knew , but he himself , and he was cloathed with a vesture dipt in blood , and his name is called the word of god. and first , to shew that we take the word of god in every point to be our rule , the sum and end of our so much reproached and mocked at exercise ( fasting and prayer ) will be found in the book of psalms ; be thou exalted , o god , above the heavens ; and let thy glory be above all the earth . it is written in the acts of the apostles , it seemed good to the holy ghost and to us : but they usurping supremacy , says , by the authority of the general assembly allows these psalms to be sung in congregations , &c. which we renounce : and more , we think the psalm book in meeter , and no other thing ought to be within the broads of the bible , but the simple scriptures of truth ; the psalms may be had in a book by themselves . we are so reproached and calumniate , that we are forced to make our defence , and shew that we have mourned , fasted , and prayed many a day , and many a night this last winter , many times in the open fields , in frost and snow , while our cloaths were frozen upon us , and our feet frozen in our shooes , as the town of cursed borronstonness can witness , and all this to find out the causes of our lords tarrying , when those who are now calling us devils , were turning themselves upon their ivory beds , like a door upon the hinges , eating the fat and drinking the sweet at their own ease : and when we were driven thence by persecution , we took our selves to the fields , holding still by our duty , where many women did offer themselves to the work , with whom our spirits was many a time burdened , whom we could not put away ( as our blessed lord dealt with iudas whom he knew would betray him ) without manifest causes : we stayed not with them but on solemn days , such as sabbaths , and appointed times for publick meeting , but when they took their rest betwixt hands , we continnued still in fields , nights and days , fasting and praying for two or three days together several times , and it was always their fear we should propose some question to try them for separation , and that night before we was taken , we warned them that the soldiers would come , and told them to use their freedom : we saw them also a mile off , an hour before they came , and none of them would go away ; and after we were brought in hither , after some several days fasting and prayer , we being warned by the holy ghost , followed esther's advice , and continued from eight a clock of the morning the day of the month , till the at four afternoon , fasting and praying ; we sent them word likewise to fast and pray , and when we sent them the answer of our prayers in the writ , they called us devils : thence we fasted till the day at night , and thence till the at night , waiting still to see if they would recover , but they waxed still worse , and we were forced to write this to vindicate our carriage towards them . walter ker. iohn gibb . david iamison . iohn young. this is exactly compared and collationed with the principal copy , by me wil. paterson , cl. sti. concilii . finis . a catalogue of some books printed for io. hindmarsh at the golden-ball over against the royal-exchange in cornhill . the antiquity of the royal line of scotland farther cleared and defended , against the exceptions lately offer'd by dr. stillingfleet , in his vindication of the bishop of st. asaph . by sir george mackenzie , his majesty's advocate for the kingdom of scotland . the moral history of frugality with its opposite vices , covetousness , niggardliness , prodigality , and luxury . written by the honourable sir george mackenzie , late lord advocate of scotland . a memorial for his highness the prince of orange , in relation to the affairs of scotland : together with the address of the presbyterian-party in that kingdom to his highness ; and some observations on that address . by two persons of quality . an account of the present persecution of the church in scotland , in several letters . the case of the present afflicted clergy in scotland truly represented . to which is added for probation , the attestation of many unexceptionable witnesses to every particular ; and all the publick acts and proclamations of the convention and parliament relating to the clergy . by a lover of the church and his country . an historical relation of the late presbyterian general assembly , held at edinburgh , from october . to november . in the year . in a letter from a person in edinburgh to his friend in london . notes, typically marginal, from the original text notes for div a -e vid. cargil and sanchars covenant at the end . * that is , this noise of prisoners yet preserved alive . so the preacher applied his doctrin . the truly learned advocate for the king. † illud tamen generaliter observandum , quod iurisdictio nunquam privative sed cumulative delega●i potest , non est quasi transitio juris de un● persona in aliam sed tantum mandata , jurisdictio quod non obstante delegatione adhuc remanet in delegante . considering the violent and cruel temper of their enemies . * compare this with the sanchar declaration , and cargil's covenant at the end of this paper . notes for div a -e * that is , the same punishment which the law provides against such a criminal . art. eod . ii. art. . ejusdem . art. . act . ses. ii. iac. . * vid. cargils covenant and sanchar . declaration . a large declaration concerning the late tumults in scotland, from their first originalls together with a particular deduction of the seditious practices of the prime leaders of the covenanters: collected out of their owne foule acts and writings: by which it doth plainly appeare, that religion was onely pretended by those leaders, but nothing lesse intended by them. by the king. balcanquhall, walter, ?- . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc estc s this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : , : ) a large declaration concerning the late tumults in scotland, from their first originalls together with a particular deduction of the seditious practices of the prime leaders of the covenanters: collected out of their owne foule acts and writings: by which it doth plainly appeare, that religion was onely pretended by those leaders, but nothing lesse intended by them. by the king. balcanquhall, walter, ?- . charles i, king of england, - . [ ], , [ ] p. : port. (metal cut) printed by robert young, his majesties printer for scotland, london : anno dom. m.dc.xxxix. [ ] written by walter balcanquhall for charles i. with a final colophon leaf. with a marginal note on p. . variant : lacking this note. variant : lacking the comma after "scotland" in title. identified as stc a on umi microfilm reel . reproductions of the originals in the university of chicago. library and cambridge university library. appears at reel (university of chicago. library copy) and at reel (cambridge university library copy). reel : lacking frontis; beginning - p. of newberry library copy spliced at end. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and 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partnership web site . eng covenanters -- early works to . scotland -- history -- charles i, - -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion a large declaration concerning the late tumults in scotland , from their first originalls : together with a particular deduction of the seditious practices of the prime leaders of the covenanters : collected out of their owne foule acts and writings : by which it doth plainly appeare , that religion was onely pretended by those leaders , but nothing lesse intended by them . by the king. london , printed by robert young , his majesties printer for scotland , anno dom. m.dc.xxxix . by the king. though by our manie proclamations and declarations , some whereof are printed , and others were made by word of mouth ▪ by our high commissioner the lord marquesse of hamiltoun , during the time of his late imployment in scotland ; it doth fully appear to all men , whose mindes are not distasted with justice and government , what our religious care , princely clemencie , and unparalleled patience have been for the setling of the late troubles in that our ancient and native kingdome of scotland , and for the composing of that state , so much of late discomposed and disjointed by the seditious practices of divers impatient of all lawes and government : yet for the further and full satisfaction of all our true hearted and loyall subjects in all our kingdomes , and for the manifestation of our justice and pietie in our late proceedings to all abroad , especially to those who with us adhere to the religion reformed : we have thought good by way of an historicall deduction to set downe the true passages of all this businesse , that the world may , as it were under one view and aspect , behold our gracious and clement comportment towards our subjects of that kingdome , and the depraved and froward deportment of many of them towards us their liege lord and soveraigne : not doubting , but that whosoever shall goe along by the threed of this our unquestionable narration , will rest fully satisfied in these three points . first , that the first contrivers , and since pursuers of their late wicked covenant , or pretended holy league ( a name which all good men did abhorre in them of france ) though following the patterne of all other seditions , they did and doe pretend religion , yet nothing was or is lesse intended by them ; but that they having received from us full satisfaction to all their desires , expressed in any of their petitions , remonstrances , or declarations , yet their persisting in their tumultuous and rebellious courses , doth demonstrate to the world their wearinesse of being governed by us and our lawes , by our councell and other officers put in authoritie by and under us , and an itching humour of having that our kingdome governed by a table of their owne devising , consisting of persons of their own chusing : a plot of which they are very fond , being an abortion of their owne braine , but which indeed is such a monstrous birth , as the like hath not yet beene born or bred in any kingdome jewish , christian , or pagan . secondly , that our promises expressed in our severall proclamations and declarations to our people , were not ( as the wicked contrivers of that covenant have ever gone about to make our subjects beleeve ) onely verball , but sincere and reall , and such as wee doe professe to the whole world in the word of a just and true prince , we doe resolve to make good to all our subjects of that our kingdome : as holding it beneath the greatnesse and goodnesse of a just king , that the unjust actions of his subjects should occasion in their soveraigne the least suspicion of breach of promises made by him to them , especially when the performance of them shall conduce to the settling of religion and peace . thirdly , that these men who give themselves out to be the onely reformers of religion , have taken such a course to undermine and blow up the religion reformed , by the scandall of rebellion and disobedience , which , so farre as in them lyeth , they have gone about to cast upon it , that if the conclave of rome , the severall colleges or congregations perpetually sitting at rome for contriving and effecting the meanes of reducing to the roman obedience all those kingdomes and provinces which have justly departed from them , nay , and if with both these all the jesuites and others the most specially combined and sworn enemies to our profession , were all assembled in one place , and had all their wits and devices concentrated into one conclusion and resolution ; they could hardly have fallen upon such a way , as these pretended reformers have fallen upon , for turning all men out of the pathes of the reformed religion , or have setled upon such courses , which can bespeake no other event , but the undoubted overthrow of it , at least in that kingdome , unlesse god himselfe from heaven ( which we hope ) shall have all their cobweb contextures in derision : for by their particular proceedings , truely set downe in this our narration , it will plainely appeare , that their maximes are the same with the jesuites , their preachers sermons have been delivered in the very phrase and stile of becanus , scippius , and eudaemon johannes , their poore arguments , which they have delivered in their seditious pamphlets printed or written , are taken almost verbatim out of bellarmine and suarez , as appeareth to us by our royall father his monitorie preface to all christian kings and princes , and his apologie for the oath of allegeance , and in the bookes writ by others in defence of them both ; in all which these arguments are fully answered : and that the meanes which they have used to induce a credit of their conclusions with their proselytes , are purely and meerly jesuiticall fables , false reports , false prophesies , pretended inspirations and divinations of the weaker sexe ; as if now herod and pilate were once againe reconciled for the ruine of christ , and his true religion and worship . now , if these three particulars by this historicall relation shall undoubtedly appeare to the unprejudicate readers , whether our subjects or forreiners , then we shall little doubt to gaine from them their assent to these our two just desires . first , that these proceedings of some of our subjects ( whom , though they would be accounted the purest protestants , yet by their wicked protestations , you will finde to be the most froward and perverse protesters that ever did contest with their soveraigne and his lawes ) may not induce an undeserved scandall upon that religion which we professe : for since their conclusions are quite contrary to the confessions of the severall reformed churches , in their particular articles both of the church and of the civill magistrate , as appeareth by the helvetian , french , belgick , polonian , argentine , palatine , genevian , our english and irish , nay , and their owne scotish positive confession , printed amongst the acts of parliament of that our kingdome ; and besides , the augustane and all other particular protestant confessions of the lutherans : and all the weapons wherewith they now fight against these protestant conclusions , are stollen or borrowed , not onely out of the romane ( for many of the romanists fight with us against them ) but out of the most rigid jesuites magazins , why should they not in this quarrell be accounted not as our friends , but as our foes ; not protestants , but the most rigid of papists , jesuites ? and so being without in this point , not bring any scandal upon us who are within ; especially considering that though these men have gone about to wound the reformed religion through our sides , and by opposing us whom god hath honoured with this speciall favour ( for no lesse we accompt it ) of being the chief prince whom he hath made choice of for the protector and defender of it : though , we say , these men have done what they can to weaken this our religion , by striking at the authoritie of the principall prop and stay of it upon earth under god ; yet we , by the grace of god , are fully resolved to wipe away that aspersion , and remove that scandall from our profession and religion , by our constant not onely adherence to it , but maintenance and defence of it , with the uttermost of that power which god hath put in our hands , notwithstanding all those scandals which these men by their wicked practices and worse positions have laid upon it . secondly , we hope that all men will do us so much right , as to beleeve , that whatsoever course we shall hereafter take for the asserting of the reformed religion , and repressing the insolencies of such of our subjects as doe oppose it and us in the just and undoubted right of our regalitie , while they pretend religion , shall not be thought to be by way of a warre , but by way of a prince the father of his country his chastising his unruly children , which is never in anger , but in love , and for their good . and if by their stubbornnesse they shall force us to a severitie unpleasing to us , and unwelcome to them , we call him by whom we reigne to witnesse , and heaven and earth and all the world to record , that they with their owne hands doe unsheath our just sword , which wee cannot but use as the minister of god , unlesse we will betray that trust which the king of kings hath reposed in us for the maintenance of religion and justice amongst all his people whom he hath committed to our charge : and if god will have it so , that for their resisting him and us ▪ his anointed servant and their soveraigne , he will have some of their bad bloud shed , we shall ever make accompt that that bloud is let out of our owne veines ▪ nor shall we draw any drop of it in any other case , then a faithfull physician will and must doe for the preservation of the whole body . that religion is onely pretended and used by them as a cloak to palliate their intended rebellion , is demonstrative by this , that the seeds of this sedition were sowen by the plotters of their covenant , made under the pretence of religion , long before any of the grievances or pretended innovations in religion complained of by them , were ever heard of amongst them . for the truth is , that some yeares after our comming to the crowne , by the advice both of some of our principall councellors and officers of state there , as also by the advice of our learnedest advocates and counsellers at law , according to the example of many of our royall progenitors of happie memorie , kings and queens of that our kingdome , we did make a legall revocation of such things as had beene passed away in prejudice of the crowne , especially by some of our late royall progenitors in their minorities ; a course warranted by the lawes and many yeares practice of that our kingdome : with this course , some of the principall contrivers of this their present covenant found themselves much aggrieved , and much of their estates brought within the compasse and danger of our lawes , which made them presently begin to grumble and repine , and privately , as much as they durst , and as in them lay , to worke underhand in our subjects mindes a distaste of our government : which wee made accompt wee had quickly rectified , by shewing to all our subjects interessed in that revocation , our gracious clemencie in waiving all the advantages which our lawes gave us in many of their estates : so that after we had made it apparent to our subjects , how obnoxious many of them and their estates were unto us and our lawes , we likewise did make as apparent unto them , our singular grace and goodnesse by remitting not onely the rigour , but even the equitie of our lawes ; insomuch that none of all our subjects could then , or can now say that they were damnified in their persons or estates by that our revocation , or any thing which ensued upon it : yet for all this , the principall present malecontents did then begin to perswade with such as they thought they might be boldest with , a disaffection to our government : and not seeing how they could easily obtrude upon them , the old and usuall pretence of discontent , viz. religion , by a strained and farre-fetched inference they did not sticke to lay the envie of the procuring that harmelesse revocation , by which no man suffered , upon the present prelates , who in this were as innocent as the thing it selfe was : onely because they hoped that the very name of church-men or religious persons , should in the point of faction have that operation with their followers , which they conceived the church or religion it selfe might have had , if they could have seene how to have perswaded them , that by this revocation either of them had beene endangered . a second symptome of their discontent appeared not long after this , upon this occasion : wee having daily heard the grievous complaints of many of our subjects of that kingdome of all sorts , especially of the gentrie and their farmers , who paid their tythes to the nobilitie , or such others whom they in that kingdome call lords of the erection , or laicke patrons , here in england we call impropriators , how that in the leading or gathering of their tythes , these lords and laicke patrons did use and practise the uttermost of that severitie which the law alloweth them , how they would not gather their tythes when the owners of the corne desired them , but when it pleased themselves ; by which meanes the owners , by the unseasonablenesse of the weather , were manie times damnified to the losse of their whole stocke , or most part of it ( the law of that kingdome being in that point so strict , as no owner may carrie away his nine parts , or any part of them , untill the proprietarie of the tythes have set out his tenth part : ) as likewise understanding at the same time , the deplorable estate of the ministers of that our kingdome in the point of maintenance , how that they received no tythes in their parishes , but some poore pittance , either by way of a stipendiarie benevolence , or else some mean allowance from these lords of erections or laick patrons , unworthie of the ministers of the gospel , and which exposed them to all manner of contempt and a base dependance upon their patrons : wee , at the instance and humble petition not of a few , but of the whole clergie , and with them , of the whole payers of tythes of that kingdome , begun to take three things into our serious consideration . first , the wretched estate of the clergie for want of maintenance : next , the hard usage and great oppression of all the laitie that payed tythes , from the owners of them : thirdly , a very important point of state , vizt . that it was not fit , that such a considerable part of our subjects , as all the ministers who have power over the consciences of the rest , and all the payers of tythes who are the farre greatest part of the kingdome , should have their dependance upon the nobilitie or other laicke patrons , the one for their livelihood and maintenance , the other not onely for feare of having their cornes lost or endangered for not carrying them in due season , which was by the law in the power of these owners of the tythes , which power they were sure they would exercise upon them if they should at any time displease them , or not adhere to them upon all occasions good or bad ; but likewise because these lords , owners of the tythes and also of abbey lands , were likewise for the most part superiours to those who payed them , but were so altogether to those who held the abbey lands of them by way of vassalidge , and so by their verie tenures were to performe all service and attendance to these lords , their superiours , whensoever they should require it of them . which important considerations moved us , by the advice of the learnedest lawyers there , to grant out a commission under our great seale for that kingdome , not to a few , but to divers hundreds , and those of the prime of all estates and degrees , ( out of which number the lords of the erections and laicke patrons were not omitted ) for relieving , if they should see cause , both the ministers and owners of corne , as also for taking into their consideration the point of superioritie and dependance . these commissioners , after their sitting in great frequencie some yeares , and after full hearing of all parties interessed , and mature deliberation , did set a rate of the value of the tythes , ordered that the owners of the grounds should severally purchase them at so manie yeares purchase , as was then agreed upon by all both buyers and sellers , taking the same course for the rating of superiorities in regard of the abbey lands , which was likewise accorded unto by all parties ; and ordered that every ministers means should be augmented , in such a certaine proportion set down and accorded unto , as the incumbent should not be inforced any more to be a slave to his patron . with the conclusions and determinations of this commission , called the commission of surrenders of superiorities and tythes , the owners of lands and the ministers were indeed so really satisfied , that the former with all thankfulnesse acknowledged us for their deliverer from an intolerable bondage , under which they and their ancestors ever since the reformation of religion had grievously groaned ; the latter with infinite expressions of joy and gratitude did celebrate us as the very father and founder of their severall churches : we gave our royall assent to all agreed upon in that commission ▪ being glad that our subjects were relieved , the maintenance of our clergie improved , and both our clergie and laitie freed from a dangerous dependance upon subjects , and for that freedome obliged to a thankfull , heartie , and loyall dependance upon us , to whom alone by all lawes of god and men it is due . the nobilitie and other lay patrons seemed herewith likewise fully to rest satisfied ; and so indeed they were in point of profit , for , according to the rates of purchasing in that our kingdome , for their tythes they were satisfied to the uttermost farthing : but they fretted privately amongst themselves , for being robbed , as they conceived , of the clientele and dependance of the clergie and laitie , and of that power , command , and superioritie over them , which by that tye of tythes they had enjoyed : yet , not being able to make religion it selfe a faire pretence for this their discontent ( for who could imagine that everie man his gathering of his owne tythes , or the augmentation of ministers maintenance , could be an affronting or weakening of religion ? ) they had recourse to their former fetch , and not without bewraying much heart-burning , gave it out , that this commission ( which indeed was obtained by the humble importunitie both of clergie and laitie ) was procured onely by the bishops , who meant no good to religion ; and so from an unnecessarie jealousie of their persons and power , they begun to pretend and suborne a necessarie jealousie of religion it selfe . a third bewraying of their factious humour , appeared clearely at our last being in that our kingdome , and immediately after our departure from thence : for some sixe yeeres agoe , having a great desire to visite that our native kingdome , and being willing to cheere and comfort our subjects there with our presence , and honour them with our personall coronation , all which they did most humbly and heartily sollicite us for by their earnest and affectionate supplications ; we undertooke a journey to them , and according to our expectation were most joyfully received by them : but immediatly before , and at the sitting down of our parliament there , wee quickly found that the very same persons who since were the contrivers of , and still continue the sticklers for their now pretended covenant , begun to have secret meetings , and in their private consultations did vent their dislike of our innocent revocation , and our most beneficiall commission of surrenders : but knowing that these two could gaine them no partie , then they begun to suggest great feares , that many and dangerous innovations of religion were to be attempted in this present parliament : not that they themselves thought so , but because they knew that either that , or nothing would soyle with suspicious jealousie , or interrupt and relaxe the present joy and contentment which did overflowe in our subjects hearts , and appeared in their heartie expressions for our presence amongst them . but we readily confuted all these suspicious surmises ; for , except an act which gave us power to appoint such vestures for churchmen which we should hold to be most decent , nothing concerning religion was either propounded or passed in that parliament , but that which everie king doth usually in that , and all other christian kingdomes , passe at their first parliament , viz. an act of ratification of all other acts heretofore made , and then standing in force concerning the religion presently professed and established , and concerning the church her liberties and priviledges : which act being an act of course , though it passed by most voices , yet was it disassented from , to our great admiration , by the voices of many of those who are now the principall pillars of their covenant ; which made all men then begin to suspect , that sure there was some great distemper of heat at the heart , when it boyled so over at their lips , by their unnecessarie and unprofitable denying of assent to the lawes , concerning the religion and church , already established ; this first act passing more for forme and the honour of religion , then for any use or necessitie of it , all the former lawes still standing in force and vigour without the need of any new ratification . at this time many of our subjects of greatest qualitie were suitors to us for new titles of honour , gentlemen to bee lords , lords to bee earles : impossible it was for us to satisfie all suitors in that kinde , without the prostitution of honour to a just and open contempt ; and therefore being put upon a choice and selection , we held it fitter in the point both of honour and justice , to passe by such as both privately in their secret meetings , and openly in the parliament house , had shewed their disrepects to us and our just proceedings , then those who had carried themselves not only loyally and dutifully , but affectionately and heartily to us and our service . upon this occasion many of those who were then passed by , and are now principall covenanters , seeing others advanced to degrees of honour above themselves , begun then presently to mutter , but not to mutinie untill we were gone from thence . but scarsly were we well returned into england , when the discontent of these men resolved it selfe into a plaine sedition : for then they had the impudence to give it out , that voyces were bought and packed in the late parliament ; nay , that the voyces were not truely numbred , but that some acts were past without pluralitie of suffrages : a calumnie so foule and blacke , as that they themselves did know it to be most false : for had there beene the least suspicion of truth in it , they might have made tryall thereof , by surveying their owne papers , and the papers of many hundreds present , who took notes of the number of voyces which were given , either by assenting to , or disassenting from the severall acts read and proposed ; by which papers if they had found but the weakest ground for this their strong , but false report , we have no reason to thinke that either their mercie or modestie was such , that they would have forborne the calling of the clerke of our register in question for it ; it being as our chancellors office to aske the voyces , so our clerke of registers office to take them and record them , and according to his owne and his clerkes notes who assist him , to pronounce the act passed or stopt : in which it is impossible he should deale but with sinceritie , for else the notes taken by most of the auditors , being a present and powerfull conviction of his false dealing , must presently transmit him to highest censure and punishment . but knowing that in a publike and judiciall way they must needs faile in their proofe of this calumnie , they betook themselves to the secret and seditious way of malecontents : for first they used clancularie surmises , then they sent about from hand to hand a clandestine infamous libell , and by it they impoysoned the hearts of many of our good subjects with a suspicion of obliquitie in our proceedings at the late parliament : this infamous libell comming to the knowledge of our privie councell there , first they of themselves , then afterwards , having made us acquainted with it , by our commandement entred into an inquirie both of the authors and abetters of that seditious libell ; who found that the author upon whom it was shifted and fathered , was one hagge , then , and still fugitive , but that the abetters , countenancers , and dispersers of it were many , and some of them of greatest qualitie , and now principall covenanters : wee , out of our innate and usuall clemencie , were graciously pleased ( that the feare and example might reach to all , but the punishment onely to one of them ) to passe by many , who undoubtedly had beene concluded and involved by our lawes in the same sentence , if wee had proceeded against them , and to single out one of that ranke , who was most obliged to us and our crowne , and therefore both for his ingratitude and crime , had no reason to expect any thing from us but the justice of our lawes . this one was the lord balmerino , his father was principall secretary of state for that our kingdome , to our father of happy memory , to whom he was beholden both for the honour of his baronie , and for his whole fortune and estate which he got in his service : but he was since our royall father his comming to the crowne of england , arraigned for , and attainted of high treason in scotland , found guilty of it by his peeres , and accordingly received sentence to be hanged drawne and quartered , his bloud tainted , his whole estate forfeited to the crowne : yet such was the gracious clemencie of our royall father , that he , onely for a little time , continued this condemned and forfeited lord in prison , afterward confined him , but to a large circuit , and then restored not onely the bloud of himselfe and his children , but also their honour and whole estate : now this present lord balmerino , being so extraordinarily obliged to our royall father and our crowne , for the life of his father , his owne honour and whole fortunes , and so being one from whom we , the sonne of that royall and gracious father to him and his whole family , had no reason to expect perfidiousnesse and ingratitude , he could not have the least shew of reason to expect any favour from us , but the favour of a faire and legall tryall , which we granted him : at that tryall and arraignment , he was by his peeres found guilty of abetting and dispersing that infamous libell made against us , and accordingly was to receive sentence of death for it ; which our chiefe justice respited onely untill our pleasure might bee knowne : then indeed they who afterwards proved the contrivers of the late covenant , and their adherents , begun to complaine of the hard measure which was offered to this lord , and to lay false and wicked aspersions upon his peeres who found him guilty ; but finding that all the proceedings were usuall and legall , they could not but have acquit the judge if hee should have condemned him , nor could they have found the least blemish in our justice , if wee should have given warrant both for his sentence and execution , whose life was now legally devolved into our hands ; and therefore this convicted lord betook himselfe onely to our mercie , which we shewed to him in that height as wee are confident it is hardly to be patterned by any president . for notwithstanding the head of this family which was first raised by our father , and then being falne , yet raised by him againe , and now relapsed , was once againe brought under our axe , as it had beene before brought under the axe of our royall father : we , desirous to shew our selfe the true heire of none of our blessed fathers vertues , more then of his mercie and clemencie , were contented upon his deep protestations of loyaltie for the time to come , to grant him under our great seale for that our kingdome , not onely a pardon of that crime of which he stood convicted , but also his full libertie and inlargement : which gracious pardon of ours , when it was delivered to him by our councell , who sent for him being then prisoner in the castle of edinburgh , he did before that table receive on his knees , with the highest magnifying of our mercie , with the humblest acknowledgments of those infinite obligations by which he and his family stood for ever engaged in the service of us and our crowne , with the deepest protestations of all loyall , quiet , and peaceable deportment of himselfe ever hereafter , and of bending all his endeavours to attend upon all our royall courses and commandements , so that our councell remonstrated unto us , that wee had bestowed our mercie and grace upon a man , of whom there could not be the least suspicion of his aversenesse from our service at any time hereafter , but of whom they might safely promise all forwardnesse and alacritie in all our just courses , whensoever it should please us to use him : and now this same pardoned lord balmerino , being one of the chiefe contrivers , and most malicious prosecutors of this wicked covenant made against us and our authoritie , how he can be able to answere it to god , us , and our crowne , his owne conscience , or to the world , even in the point of honour and reputation , it must be left to the world to judge . by this now which hath been said , we suppose it is plain that before either the service book , or book of canons , so tragically now exclaimed against , were thought on , the seeds of sedition and discontent were sowne by the contrivers of the late covenant , first upon the occasion of our revocation , next upon occasion of our commission of surrenders , and lastly upon the occasion of our denying honours to some of them at our last being in that kingdome , which caused first their traducing of our proceedings in our last parliament held there , and then produced that infamous libell . and now by this time sedition was growne so ripe , and readie to seed , that it wanted nothing to thrust it out , and make it shoot forth into an open rebellion , but some faire and specious pretence : they could not yet compasse the cloake of religion , whereby to siele the eyes , and muffle the face of the multitude , for by none of all the three former occasions could they so much as pretend that religion was endangered or impeached : but so soon as they got but the least hint of any thing , which they thought might admit a misconstruction that way , they lost no time , but took occasion by the forelock , knowing that either that , or nothing would first facilitate , and then perfect their designes : now the occasion they tooke of fetching religion within the reach of their pretences , was this . our father of blessed memorie immediately after his comming into england , comparing the decencie and uniformitie of gods worship here , especially in the liturgie of the church , with that diversitie , nay deformitie which was used in scotland , where no set or publike forme of prayer was used , but preachers or readers and ignorant schoolmasters prayed in the church , sometimes so ignorantly as it was a shame to all religion to have the majestie of god so barbarously spoken unto , sometimes so seditiously that their prayers were plaine libels , girding at soveraigntie and authoritie ; or lyes , being stuffed with all the false reports in the kingdome : he did immediately , as became a religious prince , bethinke himselfe seriously how his first reformation in that kingdome might begin at the publike worship of god , which hee most truely conceived could never be happily effected , untill such time as there should be an unitie and uniformitie in the publike prayers , liturgie , and service of the church , established throughout the whole kingdome . concerning this his royall and religious designe , divers consultations , for many yeares , were had with the bishops and others of the clergie of most eminent note in that kingdome . but these deliberations ( as it happeneth manie times in businesse of so pious and ponderous importance ) received some opposition , and manie intermissions , untill the yeare . in a generall assemblie ( which is answerable to the convocation of the clergie here in england ) held at aberdene in august , our royall father by his letters , and the vehement instance of his commissioners then and there present , easily made apparent to that whole assembly , not onely the conveniencie , but indeed the necessitie of a publike liturgie to be settled throughout the whole land : which moved that assemblie to passe an act , whereby they authorised some of the present bishops , and divers others , to compile and frame a publike forme of liturgie , or booke of common prayer , which should first be presented to our royall father , and after his approbation should be universally received throughout the kingdome . this booke in pursuance of that act of assembly , being by those who were deputed for that purpose framed , was by the lord archbishop of saint andrewes that now liveth , sent up to our royall father , who not onely carefully and punctually perused everie particular passage of it himselfe , but had it also considerately advised with , and revised by some of that kingdome here in england , in whose judgement he reposed singular trust and confidence ; and after all his owne and their observations , additions , expunctions , mutations , accommodations , he sent it backe to those from whom he had received it , to be commended to that whole church , being a service booke in substance , frame , and composure , much about one with this verie service booke which we of late commended to them , and which undoubtedly then had been received in that church , if it had not pleased almightie god , that while these things were in doing , and before they could receive their much wished and desired period and consummation , to the invaluable losse , as of the whole church of god , so particularly of that church of scotland , to translate our blessed father from his temporall kingdomes to that which is eternall . wee , by the grace of god , succeeding to our royall father , were desirous to make it knowne to the world , that wee did not hold it a greater honour to succeed him in his crownes , then to be his successour in his princely vertues , and especially in that in which he was most eminent , his singular pietie and religious care of the publique service of god ; which finding here in this kingdome of england , by his singular wisedome and vigilancie , setled even to the admiration if not envie of all other churches , we resolved by the grace of god to pursue that his pious and princely designe , for setling a publike liturgie in that our kingdome of scotland , it having beene so happily atchieved , facilitated , and almost perfected by him : to which purpose we caused the same service booke , transmitted by him to that church , to be remitted and sent backe to us , that after our perusall and alterations , if any should be found , either necessarie , or convenient , it might likewise receive our royall authoritie and approbation : we having received that book , and after many serious consultations had with divers of our bishops and clergie of that kingdome then here present with us , and after our advices by our letters and instructions to the rest at home , and after many humble advertisements and remonstrances made from them to us of the reasons of some alterations , which they did conceive would remove divers difficulties , which otherwise they feared this booke would encounter with ; we were contented that the service booke should come out as now it is printed , being fully liked by them , and signed with their hands , and perused , approved , and published by our royall command and authoritie . in the perusall and approbation whereof , we tooke speciall care , that the small alterations of it in which it differeth from the english service booke should be such , as we had reason to thinke would best comply with the mindes and dispositions of our subjects of that kingdome : for we supposing that they might have taken some offence , if we should have tendered them the english service booke totidem verbis , and that some factious spirits would have endevoured to have misconstrued it as a badge of dependance of that church upon this of england , which wee had put upon them to the prejudice of their lawes and liberties ; we held it fitter that a new booke should be composed by their own bishops , in substance not differing from this of england , that so the roman party might not upbraid us with any weightie or materiall differences in our liturgies , and yet in some few insensible alterations differing from it , that it might truely and justly be reputed a book of that churches owne composing , and established by our royall authority , as king of scotland : and thus conceiving wee had discharged the duetie of a religious king towards god , and of a gracious prince in accommodating this booke so , that our subjects of that kingdome should have no cause to have the least suspicion of any intended dependancie of that church upon this , wee sent home the book to the lords of our privie councell : after their receipt & consideration of it , we , by their advice , and they , by our authoritie , commanded by publike proclamation that the said book should be publikely read and received in all the churches of that our kingdome , and should begin to be practised upon easter next , . disobedience to this our proclamation wee had little reason to expect , because this service-book was no new thing unto them : for it not differing from the english service-book in any materiall point , and we supposing that the english liturgie neither was nor could bee displeasing to them , did likewise conceive that this book should be as little disliked by them : now the reasons inducing us to a beleefe of their not misliking the english liturgie , were these . first , many of our subjects of that kingdome of all sorts daily resorting to our court and the citie of london , did much frequent our chappell , many other churches in or about the citie , and many churches , during their stay here at the severall places of our residence , and many other churches within this kingdome upon their way , both hither and homeward ; in all which churches they did behave themselves during the time of divine service with that reverence as others of our subjects of this kingdome did , without any dislike of it , or quarrelling against it . now these who resorted hither , being for quantitie and number very considerable , and for qualitie ( for the most part ) of the very best , gave us more then a probable assurance , that at home they would never accompt that absolutely in it selfe unlawfull and antichristian ( as many of them have since professed , ) unto which they had here of their owne accord by their practise yeelded obedience : for neither municipall law , nor variation of time or place , nor any other circumstance , can allow us to practise that which we hold in it selfe to be simply unlawfull , antichristian , and against the word of god. secondly , in our owne chappell at haly-rud-house , ever since the yeere of our lord . the english liturgie hath beene read , and according to it divine service sung and said , as it is here said and sung in our chappels in england , not onely without dislike , but with frequent assemblies of our councel , nobility , bishops , & other clergie of all sorts , judges , gentrie , burgesses , women of all ranks : the bishops or some of them never gave orders ( which they did frequently ) but they used the english service-book , & in some cathedrall churches of that kingdom , as also in the new colledge of the university of s. andrewes , for some yeeres of late it was publikely read without any distaste , much lesse disturbance ; for divers yeeres it was used in many families , and at our last being in that kingdome it was read publikely in all churches to which wee resorted , in which great numbers of all sorts of people were present : all which gave us good reason to conceive , that the commanding of this book by our authoritie , could not in any true sense be called or accounted an innovation , all sorts of people , and very many of those of all ranks who now inveigh most bitterly against it , having been so accustomed to it ▪ and acquainted with it , and that without any dislike of it or complaint against it . thirdly , wee confesse that one of the chiefest reasons moving us to beleeve , that that service-book ( being in substance all one with this of england ) could not be held by them to containe any thing tending to idolatrie , poperie , or superstition ( as since they have pretended ) was this ; we did foresee that all objections bending that way must needs strike at the english service-book aswell as at that ( and indeed all of them which they have preached or published against that book do so ; ) but we did then and do still take it as granted , that no man , who hath his wits about him , can charge the least suspicion of these things objected , upon the english service-book : for since it is well knowne to the whole christian world , that the composers & framers of the english service-book were those very famous bishops & others , who in queen mary her dayes delivered up their living bodies to the fire , or escaping the fire indured banishment , & only because they would not yeeld to poperie and superstition : how these men now , whom in their owne judgement they hold to bee ranked amongst the most glorious martyrs of the church , for resisting even to bloud , idolatry , popery , and supersti●ion , can with any conscience or honestie be charged by these men with compiling of a book stuffed full with idolatrie , poperie , and superstition , it requireth more then an ordinarie understanding to apprehend : and besides , it will be made good , that more of the bishops and learned clergie of england , both for number and weight , have opposed superstition and popery , then can be found in all the reformed churches besides , who all of them have lived in the practise of the english liturgie , and defended the same ; which they would never have done if they had supposed it to containe idolatrie or superstition . these now were the grounds which inclined us to conceive that the service-book , authorized by us for that kingdome , was not like to receive any publike or considerable opposition , though we did never expect it should misse to meet with that misfortune which attendeth all other books of this kind , and which hath waited upon the english service-book here , viz. to be disliked and defamed by some whose judgements either being weak are not capable of satisfaction , or being distempered with the humours of singularitie , are resolved never to receive , or at least never to seeme to receive any satisfaction . and yet , even those men too , especially they of the first sort , men of weaker judgement , before , and at the time of the publishing of this book , were not cast without the compasse of our care and clemencie : for wee did with that book send home certaine instructions and directions to our bishops of that kingdome signed with our owne hand , amongst which this was one : that notwithstanding we had now established this book by our authoritie , yet they should proceed with all moderation , and dispense with such for the practise of some things contained in the book , as they should finde either not well perswaded of them , or willing to be informed concerning them , or did hope that time and reason might gaine to a better beleefe of them : nay yet more , to foresee what probable opposition this book might be like to receive , wee caused our councell by proclamation to publish a set day for the reading of it in all churches , which was the easter day following , : all which time , though no symptoms of any considerable opposition did appeare , yet upon good considerations , and for the further trial of mens minds , the first reading of it was delayed untill the xxiii . of july next ensuing , to the end that the lords of the session , and others who had any law-businesse , might see the successe of it before the rising of the session , which alwayes endeth on the first of august , and that so upon their returne to their severall countries they might report the receiving of this book at edinburgh ; it being ordered , that on that sunday the book should be read onely in the churches of edinburgh , and those which were next adjacent : and because it should not be read that day neither unexpectedly , warning was first printed , and then published in all these severall pulpits the sunday immediatly before , that the next sunday the new service-book was to be read : after all which premonitions made only to try how the people stood affected , & no feare of tumult appearing ; nay , the service-book , which was to be read , having beene in publike sermons commended by many preachers , without any apparent disgust of the book , or disgrace offered to the preachers persons ; nay , having beene commended in sermons by some of their now principall covenanting ministers , who since have beene the greatest railers against it , by none more then one rollock a minister of edinburgh , who , both in a sermon preached by him at a synod held at edinburgh before the bishop of that diocesse , and in his sermon on the sunday of intimation of the reading of the service-book the next sunday , did highly magnifie the said book : and so the tendring of this book being thus prepared and sweetned with these gracious considerations of time , & expectation of the discovery of mens affections , which , for any thing appeared to the contrarie , were very calme & composed , who could have imagined that the first reading of it should have been attended with such a barbarous tumult and insurrection , as was raised in the churches and streets of edinburgh the sunday following ? the true relation of which tumult , as it was sent up to us , doth here follow . on the twentie-third day of july , . being sunday , according to the publike warning given the sunday before , the service book was begun to bee read in edinburgh in saint gyles church , commonly called the great church ; where were present ( as usually they are ) many of our councell , both the arch-bishops and divers other bishops , the lords of the session , the magistrates of edinburgh , and a very great auditorie of all sorts of people . amongst this great multitude there appeared no signe of trouble : but , no sooner was the book opened by the deane of edinburgh , but a number of the meaner sort , who used to keep places for the better sort , most of them women , with clapping of their hands , cursings , and out-cries , raised such a barbarous hubbub in that sacred place , that not any one could either heare or be heard : the bishop of edinburgh , who was to preach , stept into the pulpit , which is immediatly above the place where the deane was to read , intending to appease the tumult , by putting them in minde that the place , in which they then were , was holy ground , and by intreating them to desist from that fearefull and horrible profanation of it : but hee was entertained with as much irreverence as the deane , and with more violence ; in so much , that if a stoole , aimed to be throwne at him , had not by the providence of god beene diverted by the hand of one present , the life of that reverend bishop , in that holy place , and in the pulpit , had beene indangered , if not lost : the arch-bishop of saint andrewes lord chancellour , and divers others offering to appease the multitude , were entertained with such bitter curses and imprecations , as they not being able to prevaile with the people , the provost , bailiffs , and divers others of the councell of that citie were forced to come downe from the gallery in which they do usually sit , and with much adoe , in a very great tumult and confusion , thrust out of the church these disorderly people , making fast the church doores : after all which , the deane devoutly read service , assisted by our councellors , bishops , and many other persons of qualitie there present : yet the out cries rapping at the church doores , throwing of stones at the church windowes by the tumultuous multitude without , was so great as the bailiffes of the citie were once more put to forsake their places , and use their best indeavours for the appeasing the rage and furie of those who were without . service being ended , the bishop preached , after which the congregation was dismissed : the bishop of edinburgh retiring himselfe to a lodging distant not many paces from the church , was so invironed with a multitude of the meaner sort of people , cursing and crouding him , that he was neere being trode to death ; and in all probabilitie had beene so , if hee had not recovered the staires of his lodging , which he no sooner began to go up , but he was so pulled by the sleeve of his gowne by some of that rude rout , that hee had like to have tumbled backward downe the staires , to the indangering of his life , yet with much adoe getting up the staires he found the doore , at which he should have entred , shut against him , and so being put to a stand , he had certainely beene oppressed with the preasse and violence of that rabble , if the earle of weems from his next lodging , seeing the bishops life in danger , had not sent his servants to rescue him , who got the bishop almost breathlesse into his lodging . the same morning the service book was read in the next church to saint gyles church , not without noise and tumult , yet the furie was not so great as in the other church : in the gray friers church the elect bishop of argyle ( being colleague to master ramsey who refused to read it ) begun to read the book , but he was so cursed and exclaimed against , and threatned to be pulled downe , that after the reading of the confession and absolution , he was forced to give over . in the colledge church , rollock , one of the preachers there , who the sunday before , at the intimation of the reading of it , had so much commended the book , and had undertaken this day to read it , though hee had the book ready to be carried to the church with him , yet , very wisely , resolved to halt a little , untill he might know how it was entertained at saint gyles church , that so his conscience might comply with the carriage of the multitude , whose rudenesse being reported to him , he ( notwithstanding his commendations of the book , and his faithfull promise to read it , ) thought it the safer course to leave himselfe to the censure of all men for his levitie and breach of promise , then offend the multitude , whose favour is the onely aire in which he taketh delight to breath and live : and thus that morning passed . betweene the two sermons , such of our councell as were in the towne , assembled at the lord chancellour his lodging , where the lord provost and bailiffs of edinburgh being called , undertooke to doe their uttermost endevours for the quiet and peaceable reading of the service booke in the afternoon ; which accordingly they did , and so the service booke in saint gyles and some other churches , that afternoone was read , without any such tumult or insurrection as it encountred with in the morning ; yet the furious multitude , who stayed in the streets , and little regarded the service of god in the churches , intermitted nothing of their madnesse ▪ for the lord privie seale earle of roxborough returning home to his lodging , and having with him in his coach the bishop of edinburgh , was neare suffering the death of the first martyr st. stephen , his coach and coachman , for having the bishop in it , being so pelted with stones , and hooted at with execrations , and pressed upon by the eager and mad multitude , that if the lord privie seale his footmen had not with their swords kept them off , they in the coach had been brought in danger of their lives , having after long and continuall bickerings much adoe to recover their lodgings . and now we desire all men to consider what blessing and successe from heaven may be expected upon this grand and important reformation of religion , as they call it , the begetter and beginner whereof was the horrible profanation of the lords owne day , and that in the lords owne houses and temples , and all this attended with the contempt and treading under foot the sacred authoritie and lawes of us the lords anointed , as also with the violation of the persons of the lords priests and prophets , his bishops and ministers , and all these practised by a base multitude , disavowed and disclaimed at that time by all magistrates and persons put in authoritie , and all others of any ranke or qualitie , who branded that multitude with the names of the scum and froth of the people , and offered themselves , to the uttermost of their diligence and assistance , for the finding of them out , and bringing them to highest and condigne punishment , as shall presently appeare by the demeanour of the magistrates when they were called before our councell for that purpose . for the next day , being the . of july . our councell assembled , and sent forth a proclamation in detestation of the uproare and tumult the day before , and discharged all concourses of people and tumultuous meetings in edinburgh under paine of death ; at which time the magistrates of edinburgh being then present at our councell table , professed their utter abhorring , and detesting of the last tumult , and apprehended some suspected to be most forward in it , and thereupon were commanded and ordered by an act of our councell of the . of july , to assemble the councell of the citie the next morning by eight of the clocke , and then and there to resolve what course they thought fittest to be held for the finding out of the movers of , and chiefe actors in the late seditious uproare , and immediately after to report their diligence and resolutions herein : which report they accordingly made to our councell , not onely with a detestation of that tumult , and promises of their best diligence for finding out the authors and abettors of it , but also with large proffers of their best assistance for the quiet and peaceable establishing and reading of the service booke in all their churches . but the ministers of that citie being loath to undertake the reading of it , without some securitie given for the safetie of their persons , the lords of our councell by their act of the . of july . ordered the provost , bailiffes , and councell of edinburgh to advise amongst themselves concerning some obligatorie act to be made by them , for a reall performance of what they had undertaken , and should further undertake for the peaceable exercise of the service book , which they accorded unto , and promised , that since the former readers in their severall churches , had refused to read the booke , if in the meane time the ministers themselves would read it , they would take order for their safetie , and when new readers should be provided , they would take order both for their securitie and settled maintenance and allowance : in pursuance whereof , an obligatorie act was drawne up by our advocate , and read before our councell to the magistrates of edinburgh the sixt of august . to which they humbly consented , and on the tenth of the same moneth , the said act of indemnitie being exhibited before our councell , was allowed by them , and accordingly passed and entred in our councell booke as an act of councell : and so now this late tumult in all appearance being settled , and not onely fathered upon the scumme and dregges of the people , but cryed downe by all men either of place or qualitie , and by none more then by the magistrates and ministers of edinburgh , our councell not fearing any new outrage , proceeded to these two things . first , to the exemplarie punishing of such of the heads of the late tumult as they should discover : and next , to the settling of the practice of the service booke , and appointing a new day for renewing the exercise of it ; to which the bishops , magistrates and ministers of edinburgh agreed : and this their forwardnesse the magistrates of that citie were not onely contented to expresse before our councell , both by their verball promises and protestations , as also their obligatorie act remaining upon record , and registred in our bookes of councell , but likewise by two particular letters sent by them into england unto the lord archbishop of canterburie , in which they desired him to recommend unto us , their care of , and fidelitie to our service , and to undertake for them to us their zeale and forwardnesse , for settling the peaceable practice of the service booke : which letters we here have caused to be inserted , that the reader may see what names of simplicitie and ignorance they bestow upon that multitude , which made the first opposition , and withall take notice of the names of the magistrates subscribers to these letters ; for some of them ( which hardly could be expected from reasonable men ) will be found to be very forward , if not leaders in the next succeeding sedition , and so of the rest which have followed since : the letters be these . most reverend father in god and our verie good lord , wee regrait from our hearts that tumult which did fall out in our churches that day of the inbringing of the service booke , wherein now these of his majesties councell , who have laboured the tryall thereof , will give testimonie of our innocencie : since that time and the rising of his majesties councell in this feriall time , we have daily concurred with our ordinarie , and our ministerie for settling of that service booke , as the right honourable the earle of traquair lord treasurer , with the bishops of galloway and dunbleane will beare witnesse ; who have spared neyther paines nor attendance to bring that purpose to a good conclusion : and although the povertie of this citie be great , being almost exhausted with publicke and common workes , yet we have not beene lacking to offer good meanes , above our power , to such as should undertake that service ; and in all things wherein we have beene required , we have ever beene ready really to approve our selves obedient and loyall subjects to his majestie , in all his royall commandements , which we have vowed ever to second to our lives end . and we being infinitely obliged to your graces favours , we now presumed by these lines to give your grace that assurance of obedience upon our part , in this purpose and in all other purposes wherein we may contribute to the advancement of his majesties service , or can be expected of good subjects : vvhereof if his majestie by your grace shall be pleased to rest assured , whatsoever any other shall suggest , we will accept it from you as a great accumulation of favour ; for all which your grace shall ever finde us most thankfull remembrancers , and most ready really to expresse our thankfulnesse , whenever we shall be made so happy as that your grace shall have occasion to use our service . thus from our hearts wishing you all happinesse , we kisse your graces hands . edinburgh this . of august , . your graces most affectionate and humble servants the bailliffes of edinburgh . j. cochrane , bailly . an. ainslie , bailly . j. smith , bailly . c. hammilton , bailly . the second letter . most reverend father in god and our very good lord , wee did receive your graces kind letter , and from our hearts we do render your grace most hearty thanks ; and as wee have hitherto found your speciall favour in this matter , concerning the laitly imprinted service booke , whereanent we did write to your grace formerly , shewing our dutifull and obedient resolution , not onely in our selves , but in the greatest and best part of our inhabitants , of whom from time to time we had most confident assurance ; so now we must againe become new suiters at your graces hands to receive from us a true information of the difference of the present time , and of that when we did presume to write the occasions thereof , which is , that since our last there hath beene such an innumerable confluence of people from all the corners of this kingdome , both of clergie and laitie , and of all degrees by occasion of two councell dayes , and such things suggested to our poore ignorant people , that they have razed , what we by great and continuall pains had imprinted in their minds , and have diverted them altogether from their former resolutions , so that now when we were urged by our selfes alone , we could not adventure , but were forced to supplicate the lords of councell to continue us in the state they had done the rest of the kingdome ; having hitherto forborne either to combine with them , or to countenance them in their supplications , yet we will not forbeare to doe our masters service to our power , but shall studie to imprint in their minds what hath beene taken away ; in the interim we will humbly beg your graces favour and intercession with his majestie , that we may be keeped still in his favour , which we doe esteeme our greatest earthly felicitie , and that what course shall be taken with the rest of this kingdome in that matter , who have presented many supplications , and with whom we have in no wayes combined , that the same and no other may be taken with us , wherein we are confident to prevaile as much as any other within the kingdome , and in all things shall endevour nothing more , then that we may approve our selves most dutifull and obedient subjects . thus relying upon your graces favour , as our most assured refuge , we kisse your graces hands , and rests , edinburgh this . of september , . your graces most affectionate and humble servants , the bailliffes of edinburgh . j. cochrane , bailly . j. smith , bailly . c. hammilton , bailly . james rucheid . wee confesse that these large undertakings of the magistrates , moved us to remit much of our intended rigor against the offenders in the first uproare , hoping that their acknowledgment of our clemencie , would have produced effects quite contrarie to those which we have found : and now we shall desire the reader to observe , that this first tumult was owned by none , condemned and cryed down by all , the authors of it , and actors in it called by all sorts , by no better names then rogues , and the base multitude : what will you then think , if that within verie few daies you shall see the verie same liberall bestowers of these names entring upon the same stage , repeating and acting over againe the parts of that madd multitude ; onely the stage you shall see a little better hanged , and the scenes better set out , and the play having a more specious name of pietie and religion ? for soon after , these base and unruly people , who were so much out in their first act of rebellion , ( as actors at the first are not commonly perfect ) were in the pulpits , even for that their first and foule act so much of late hissed at and decryed , afterwards magnified for the most heroicall sparkes that ever god inspired and raised up in this last age of the world ; and though they were but asses , yet they were cryed up for having their mouthes opened immediately by god , as the mouth of balaams asse was , to the upbraiding of all the rest of the land , who held their peace when they should have cryed and brayed as they did : their happy mouthes and hands , which god was pleased to honour that day with the beginning of their new blessed reformation , and occasioning their celestiall covenant ( as they called it ) were so highly extolled by their preachers , that they assured their auditors that their memorials should be eternall , whom before they had called the scumme of the people , and the base multitude , and that all succeeding generations should call them blessed . these high flowne speeches , and many others of the like extravagant straine , both in the pulpits and out of them , immediately after the first tumult , and ever since , have beene bestowed , and that not sparingly , upon that multitude , which not long before they called base and rascall : but no wonder , for many of the better sort having succeeded that multitude in the same madnesse , they must needs now give them new , high , and heroicall titles , such as they would have given to themselves now acting their parts ; for now their owne actions come next upon the stage to bee viewed and judged . all businesses now for a time seemed to be hushed and calmed , by reason of the long vacation , which in that kingdome beginneth alwayes on lammas day , and the harvest , which drew all sorts of people from edinburgh , except the citizens ; so that little or nothing was done betweene the last of july and first of october , save that some ministers petitioned the lords of our councell for suspending the letters whereby they were charged to receive the service book , and that they of edinburgh begun a little by the instigation of their two silenced ministers to relent of their former forwardnesse for receiving the said booke , and to repent themselves of their too eager condemning the raisers of the first insurrection , and presented to our councell on the . of september a petition , humbly desiring not to bee pressed with the service booke notwithstanding all their former undertakings , but to be continued in the same case with all the rest of the kingdome , untill our pleasure were further knowne ; which petition , as they alledged , they were necessitated to present , by the example and encouragement of all ranks from all parts of the kingdome . but so soone as harvest was done , the conflux of all sorts of our subjects , nobilitie , gentrie , ministers , and burgesses from all parts of that kingdome , came to be so great at edinburgh , and after such a tumultuous maner , as that , a present insurrection was justly feared ; which forced our councell , assembled then at edinburgh upon the day before appointed by them , viz. the xvij . of october , . to make three proclamations ; the first , to give notice that on that day nothing should bee treated of at the councell table concerning church businesse , untill the lords might see the times , and meetings of his majesties subjects more quiet and peaceable ; and therefore commanded all who were come thither about any such businesse , peaceably to repaire to their owne homes within foure and twentie houres , under the paines expressed in the said proclamation : a second , for removing the session ( which is here in england called the terme ) from edinburgh to lithcow , for feare of present danger , if this great concourse of people should not some way be diverted and divided , especially considering that those of edinburgh were now apparently perverted , and become very evill affected to our and our councels courses of peace and quietnesse : a third , for bringing in and burning a certaine seditious booke newly dispersed amongst our subjects there , tending to sedition and the disgrace of our ecclesiasticall government here in england : the three proclamations are here inserted . apud edinburgh . octob. . forasmuch as it hath pleased the kings majestie , upon divers good respects and considerations , to give warrant and direction to the lords of his majesties privie councell , for dissolving the meeting of this councell day , in so farre as concerneth matters of the church : and that everie one that hath come to attend this businesse , repaire to their owne dwellings , except such persons as shall make knowne to the said lords of councell just cause of stay for their particular affaires ; therefore the said lords , according to his majesties speciall warrant and direction sent unto them , have dissolved , and by the tenour hereof doe dissolve the meeting of this councell day , in so farre as concernes the businesse above written ; and ordaines a maissar of councell to passe to the mercate crosse of edinburgh , and to make publication hereof ; and to command everie one that hath come hither to attend this businesse , to repaire home to their owne dwellings within . houres after the publication hereof , except such persons as shall make knowne to the said lords just cause of their further particular affaires in manner aforesaid , under the paine of rebellion , and putting them off to the horne ; with certification to them , that if they faile they shall be denounced rebels , and put to the horn , and all their moveable goods escheat to his majesties use . apud edinburgh . octob. . forasmuch as it hath pleased the kings majestie , upon divers great and good considerations knowne to his majestie , to remove his councell and session from the citie of edinburgh to the burgh of dundie : and whereas it is inconvenient at this time to remove it so farre , his majestie is graciously pleased that this next session shall be holden at the burgh of linlithgow , and the next after the ordinarie vacants at the burgh of dundie : and there to remaine during his majesties pleasure : and therefore the said lords , according to his majesties speciall direction , ordaines maissars or officers of armes to passe and make publication hereof to all his majesties good subjects by open proclamation at all places needfull , whereby they can pretend no ignorance thereof , but may prepare themselves to attend at linlithgow and dundie accordingly . apud edinburgh octob. . . forasmuch as the kings majestie is credibly informed , that there is a certaine booke intituled , a dispute against the english popish ceremonies , obtruded upon the kirke of scotland , and hath beene sent abroad and dispersed in this kingdome , purposely to stirre the hearts and affections of the subjects from their due obedience and allegeance : and therefore it hath pleased his majestie to give order and direction to his councell , that diligent inquirie and search be made for the said booke ; and for this effect the said lords ordaines letters to be directed to make intimation and publication to all his majesties subjects , that such of them as have anie of the said bookes , bring in the same to the lords of his majesties privie councell betwixt the date of this proclamation and the day of and the said bookes being brought in , that the same be publikely burnt , certifying all his majesties subjects if any of those bookes shall be found or knowne to have beene with any of them after the time aforesaid , that they shall incurre the like censure and punishment as the authour may be found to deserve for any thing contained in that booke . and whether wee and our councell were not justly necessitated to these proclamations , and whether it were not high time to require obedience to them , though none was yeelded , let that barbarous insurrection which was raised the next day , sufficiently testifie . on the eighteenth of october . the bishop of galloway and sir vvilliam elfinston lord chiefe justice of that our kingdome , being appointed by the lords of our councell to examine witnesses in a cause depending before them , betweene francis stuart sonne to the late earle of bothwell , and divers others , the bishop was peaceably passing along the street towards the councell-house where the examinations were to be taken : but suddenly an inraged multitude surrounded him , and followed him with fearfull cursings and exclamations close to the councell-house doore , where hee was againe incountred afresh with a new troupe , who watched , and lay in wait for his comming thither , and whose furie exceeded words ; for in all probabilitie the bishop had beene pulled in peeces by them , if by divine providence he had not beene defended by the said francis stuart , who with much adoe got the bishop within the doores of the councell-house , where our lord chiefe justice staied for him : but when hee was there , that place of highest reverence within that our kingdome , was no sanctuarie for him ; for they continued demanding his person , and threatning him with death : the report hereof , and the danger of their lords life , was brought by some of the bishops servants presently to the earle of traquair our lord treasurer , and the earle of wigton , one of the lords of our councell , who were then at a lodging not farre from thence : they came presently with their followers to the reliefe of the bishop , but verie hardly for the croud of the mutiners could approach the councell-house where hee was ; at last , when with much adoe they got entrance , they found themselves in no better case then the bishop was , for the peoples furie meeting with no proportionable resistance , increased the more : the lords thus beset in our councell-house , sent privately to the lord provost , bailiffes , and councell of edinburgh , who were then assembled in their owne councell-house , requiring them to come to their rescue , and to take some present order for their safetie : they , by one sir thomas thompson , who indeed was an eye witnesse of the truth of it , returned this answer ; that they were in the same , if not a worse case themselves , if the lords without did not presently pacifie the inraged multitude ; that the whole streets were pestred with disorderly people ; that their councell-house was beset without , and thronged within , with their owne threatning citizens , who had vowed to kill all within their house , unlesse they did presently subscribe to a paper presented to them , which for feare of their lives they were forced to doe : which paper contained these three particulars : first , that they should joyne with them in opposition to the service book , and in petitioning us for that purpose : secondly , that by their authoritie they should presently restore unto their pulpits and places master ramsey and rollock , their two silenced ministers : thirdly , that they should restore unto his place one henderson a silenced reader : no doubt three most important grounds for such a fearfull sedition : no better answer being returned , the lord treasurer and the earle of wigton , with their followers , resolved to go up to the towne councell-house , and to use the uttermost of their authoritie , or ( if that found no respect ) their best perswasions for settling the present sedition : when they came thither , they found the magistrates verie much discomposed , & greatly perplexed , as much doubting whether they should ever escape from the place with their lives ; yet they presently entred into consultation with them about what was fittest to be done in such an exigent ; and finding now that the publike divulging of that paper which the magistrates and councell of the citie had subscribed , and that the open proclamation of it throughout all their turbulent troupes , and at the crosse , had a little asswaged their furious rage , the lords begun to advise with the magistrates what was best to bee done for the safetie of the bishop of galloway , whom they had left besieged in the councell-house : it was thought fit by all , that the lords should returne to our councell-house , and containe themselves therein , till the magistrates might try what they could do for calming the commotion in the streets : but no sooner had the lords presented themselves to the streets , but they were received with such violence as they were forced to retire , untill such time as two of the bailiffes with their serjeants and officers , and such others as they got to attend them , accompanying the lords , and repeating to the multitude what had beene yeelded to in the paper exhibited to them , a little way was made at first ; but presently when they entred upon the great street , the barbarous multitude run most inragedly upon them : their out-cries were horrible and confused , but were ( as much as in such a confusion could be distinguished , ) god defend all those who will defend gods cause , and god confound the service book , and all the maintainers of it . the lords being in present and imminent danger , assured the people that they would represent their grievances to us ; for when they perceived that the people refused to obey any commandement which was laid upon them in our name , and that they sleighted their requiring of them to retire unto their owne houses , and to behave themselves as quiet and good subjects ; under paine of our highest displeasure , they were glad then to betake themselves to intreaties and plausible perswasions ; but all in vaine : for the people still increased their furie , and that to such a height , as that the lord treasurer was throwne downe , his hat , cloak , and white staffe pulled from him , so that if by the strength of some about him , he had not beene presently pulled up againe upon his feet , he had undoubtedly been trode to death , and in that posture without hat or cloak , like a notorious malefactour , was he carried by the croud to our councell-house doore , where the bishop of galloway and others of our councell were imprisoned , in great feare , and expecting the lords returne for their reliefe : not long after the provost and bailiffes came thither to them , told them they had used their uttermost power and perswasions with the best , ablest , and of the prime esteeme of all their citizens for the appeasing of the present tumult , and securing their lordships persons , but could finde no concurrence nor obedience : whereupon the lords resolved to send for some of the noblemen , and gentrie , and others who were now frequently assembled for assisting the petition against the service book , to try what help they would or could contribute for quieting the inraged people , and what assistance they might expect from them in freeing them from the present danger : they , being sent for , came to the lords and declared unto them how much they were unsatisfied with the present mutinie , offered their persons and power for securing them from all violence ; which the lords in our councell-house accepting of , with much adoe ( being guarded by them whom the people would not offend ) the lord treasurer got to our palace at haly-rud-house , and the bishop of galloway to his lodging : but the lord provost was againe set upon as he was entring his owne house , and was so pressed upon by the multitude , that they crouded with him into his owne yard , railing upon him and throwing stones at his windowes , untill some of his servants discharging a peece which had nothing but powder in it , they retired for feare : in this tumult none were more forward and inexorable , then two who were bailiffes the yeare before , and who had subscribed the two letters to the archbishop of canterburie . this mornings storme being a little blowne over , our councell in the afternoone met at our palace at haly-rud-house , and commanded a proclamation presently to bee made at the crosse of edinburgh ; the tenour whereof here followeth . at haly-rud-house the . of octob. . forasmuch as a number of the lords of his majesties privie councell , as likewise the towne councell of edinburgh , being this day conveened in their severall judicatories for his majesties speciall affaires and service , they were most rudely interrupted in the course of their proceedings , by a tumultuous gathering of the promiscuous and vulgar multitude , by whom his majesties councell and servants in an open way was shamefully environed : vvhich being a matter verie disgracefull to his majesties authoritie and lawfull government , and which in the consequence thereof may produce dangerous effects , if the like bee not prevented in the time to come ; therefore the lords of secret councell , according to the dutie of their place and charge incumbent unto them , ordaines a maissar of councell to passe to the mercate crosse of edinburgh , and there by open proclamation to discharge all publike gatherings and convocations of his majesties subjects within the citie of edinburgh , and upon the streets thereof ; as likewise all private meetings tending to faction and tumult : and in his majesties name and authoritie , to command and charge all his majesties lieges and inhabitants within the said citie , to containe themselves in peace and quietnesse ; and for that effect to keepe their houses , except when their lawfull businesse doth otherwise call them , under all highest paine and charge that by rigour of law can be inflicted upon the contraveeners of the premises in manner above expressed . to this proclamation so little obedience was yeelded , and they of edinburgh so farre from conceiving that they had any way misdemeaned themselves by that horrible insurrection , as that the next councell day they had the impudence to send their commissioners publikely to our councell table , and there to require that their ministers and reader might be restored to them , and that they might have assurance for the performance of what was promised to them by their magistrates at this last rebellion , and before the pacification of it . from this relation joyned to the narration of the first insurrection in the churches , it is easie to judge whether this their intended glorious reformation , which , according to their religious intentions and ardent prayers , they say , god , even to a miracle , hath so graciously prospered in their hands , be like to proceed from god , the first act whereof was begun in the church , with contempt of god and profanation of the house where his honour dwelleth , and the violation of those persons who serve at his altar ; and the second act whereof , was presented on the streets of the capitall citie of the kingdome , with the contempt of the highest authoritie under god , viz. us and our lawes , and offering violence to the persons of our councellors and chiefe officers of state , not forbearing the verie houses and places where our councell for that kingdome , and our magistrates of that citie doe usually sit , and were then sitting ; which places have alwayes been accounted sacred , and have duely challenged all respect and reverence . and now it is verie observable by what degrees this rebellion hath risen , as if it had been before-hand well studied and contrived , everie rank entring upon the stage in their due turns , in which they served and answered one another : the first tumult was begun by the basest sort of that citie , whom the authors of this second insurrection did then , even for that first tumult , condemne by the name of rascalls and scum of the people : this second uproare , farre more seditious and dangerous then the former , was made by the best sort of citizens , excepting onely the magistrates and some few others , yet disavowed and disliked ( at least in shew ) by the nobilitie , gentrie , and the magistrates of the citie ; but these last mutiners were not so cryed downe by them as the former , nor did they put such vile names of rebels and rascals upon them , nor did they shew any signification of their desire to have them questioned or punished for that tumult , because now the qualitie of these last mutiners persons gave some good countenance to the designes which they themselves had in hand : for these noblemen , gentrie , and magistrates being themselves to performe the third act of that tragedie , at the first whereof they had hissed , and seemed to dislike the second , held it not fit to be too severe in condemning of that which it seemes they meant shortly after to act themselves , and in a more dangerous way : for first , their protestation against our proclamation , and then their covenant against us and our authoritie , were next to come upon the stage ; which though they were of the same plot and piece with the two other former insurrections , yet because they were to be better acted , and the actors men of greater eminencie , they hoped their parts should not finde such foule names as the former had found : as if the things being the same , the names of protestation or covenant could alter the nature of insurrection and rebellion ; like those of that bloudie league in france , who hoped that the verie name of the holie league would cause in the world a mistake of their meaning , and palliate their most wicked and unnaturall treasons , for rooting out their lawfull soveraigne and the true religion . and now this highest and worst part commeth next to be related . after these tumults , there were presented to our chancellour and councell , two petitions , one a verie weake and childish one , in the name of all the men , women , children , and servants of edinburgh , onely against the service booke ; another in the name of the noblemen , gentrie , ministers , burgesses , against the service booke and booke of canons : that to the lord chancellour was as followeth . my lord chancellour , unto your lordship humbly shewes , we , men , women , and children , and servants , indwellers within the burgh of edinburgh : that whereas we being urged with this book of service , and having * considered the same , vve finde many things therein so farre different from that forme of gods publike worship universally received and professed within this kingdome : and we burgesses , being at our entrie and admission deeply sworne for the maintenance thereof , that now makes our hearts to tremble , and our weak consciences will not suffer us to imbrace and practise this urged service : vve have this long time past , winked at some former alterations , being put in hope that no further novations should follow . but now we being oppressed , with our just feares to see our selves deprived of that libertie in serving god which ever hath beene approved by church and kingdome : in place whereof we are now like to be constrained to imbrace another , which hath neither been agitated nor received either by generall assemblie or parliament : in such extremitie we are most humbly to supplicate your lordship to consider our present estate , and that this businesse is a matter of so great weight and consequence as should not appeare to bee a needlesse noyse of simple women , but it is the absolute desire of all our hearts for preservation of true religion amongst us , which is dearer to us then either estate or life : and therefore we do humbly crave , that as the rest of the kingdome , so we may have a time to advise , and that your lordship may find out some way whereby wee may be delivered from the feare of this and all other innovations of this kinde , and have the happinesse to injoy the true religion , as it hath beene by the great mercie of god reformed in this land , and authorised by his majestie , who may long and prosperously reigne over us : and your lordships answer . their petition to the councell followes . my lords of secret councell , unto your lordships humbly shews ; vve noblemen , barons , ministers , burgesses , and commons ; that whereas we were in humble and quiet manner attending a gracious answer of our former supplications against the service book imposed upon us , and readie to shew the great inconveniences which upon the introduction thereof must ensue , we are , without any knowne desert , farre by our expectation , surprised and charged by publike proclamation to depart out of the town within twentie foure houres thereafter , under paine of rebellion ; by which peremptorie and unusuall charge , our feares of a more severe and strict course of proceeding are augmented , and course of our supplication interrupted : wherefore we are constrained , out of the deep griefe of our hearts , humbly to remonstrate , that whereas the arch-bishops and bishops of this realme , being intrusted by his majestie with the government of the affaires of the church of scotland , have drawne up and set forth , and caused to be drawne up and set forth , and injoyned upon the subjects two books ; in the one whereof , called the book of common prayer , not onely are sowne the seeds of divers superstitions , idolatrie , and false doctrine , contrarie to the true religion established within this realme by divers acts of parliament ; but also the service booke of england is abused , especially in the matter of communion , by additions , subtractions , interchanging of words and sentences , falsifying of titles , and misplacing of collects , to the disadvantage of reformation , as the romish masse is , in the more substantiall points , made up therein , as we offer to instruct in time and place convenient , quite contrarie unto and for reversing the gracious intention of the * blessed reformers of religion in england . in the other book called canons and constitutions for the government of the church of scotland , they have ordained , that whosoever shall affirme that the forme of worship inserted in the booke of common prayer and administration of the sacraments , whereof heretofore and now we most justly complaine , doth containe any thing repugnant to the scriptures , or are corrupt , superstitious , or unlawfull in the service and worship of god , shall be excommunicated , and not be restored but by the bishop of the place , or archbishop of the province , after his repentance and publicke revocation of this his wicked errour ; besides one hundred canons moe , many of them tending to the reviving and fostering of abolished superstitions and errours , and to the overthrow of our church discipline established by acts of parliament , opening a doore for what further invention of religion they please to make , and stopping the way which law before did allow unto us for suppressing of errour and superstition ; and ordaining , that where in any of the canons there is no penalty expresly set down , the punishment shall be arbitrary as the bishop shall think fittest : all which canons were never seen nor allowed in any generall assembly , but are imposed contrary to order of law , appointed in this realm for establishing constitutions ecclesiasticall ; unto which two books , the foresaid prelates have under trust procured his majesties royall hand and letters patents , for pressing the same upon his loyall subjects , and are the contrivers and devisers of the same , as doth clearly appear by the frontispice of the book of common prayer , and have begun to urge the acceptance of the same , not onely by injunctions given in provinciall assemblies , but also by open proclamation and charge of horning , whereby we are driven in such straites as we must either by processe of excommunication and horning suffer the ruine of our estates and fortunes , or else by breach of our covenant with god , and forsaking the way of true religion , fall under the wrath of god , which unto us is more grievous then death . vvherefore we being perswaded that these their proceedings are contrary to our gracious soveraign hispious intention , who out of his zeale and princely care of the preservation of true religion established in this his ancient kingdome , hath ratified the same in his highnesse parliament ▪ and so his majestie to be highly wronged by the said prelates , who have so farre abused their credit with so good a king , as thus to insnare his subjects , rend our church , undermine religion in doctrine , sacraments , and discipline , move discontent between the king and his subjects , and discord between subject and subject , contrary to severall acts of parliament : vve out of bound duty to god , our king and native countrey , complain of the foresaid prelates , humbly craving , that this matter may be put to tryall , and these our parties taken order with according to the lawes of the realm ; and that they be not suffered to sit any more as judges , untill the cause be tryed and decided according to justice . and if this shall seeme to bee to you a matter of higher importance then you will condescend unto , before his majesty bee acquainted therewith , then wee humbly supplicate that this our grievance and complaint may be fully represented to his majestie , that from the influence of his gracious soveraigntie and justice these wrongs may bee redressed , and wee have the happinesse to injoy the religion , as it hath beene reformed in this land. in this petition it is worthy the observing , that they complaine of the mangling of the english service booke , and of the abuses offered unto it , and the wronging of the intentions of the blessed reformers of religion here in this kingdome , whereas in their sermons and ordinarie discourse , they doe usually inveigh against the service booke here , for being stuffed with superstition and poperie , and that the first reformers of this church never departed fully from rome : and in this last petition they begin to make their grievances swell , adding their dislike of the booke of canons to their former distaste of the service book ; the occasion of our authorising of which booke of canons , was this . as wee were desirous to settle one uniforme forme of publike prayer and divine service throughout that our kingdom , and for that purpose authorized the service book , so we conceived that it was not only expedient , but necessary that there should be one uniforme forme of church government throughout the same , and because there was no booke extant containing any rules of such governement , so that neither the clergie nor laity had any certaine rule either of the ones power , or of the others practise and obedience , and considering that the acts of their generall assemblies were but written , and not printed , and so large and voluminous , as it is impossible that so many copies of them should be transcribed , as that they may come to the use and knowledge of many , and so apocryphall , as that few or none of themselves can tell which of them are authenticall , and so unsafely and uncertainely kept , that they do not know whither to addresse themselves for finding of them , wee could not imagine but that it should have beene acknowledged , and received with all thankfulnesse , that we had reduced their numerous acts , and those not knowne to them , to such a paucitie of canons , and those published , that none could be insnared through ignorance , nor complaine that they were over-charged with the multiplicitie of them : for it may be averred with unquestionable certaintie , that not one in that our kingdome did either live under the obedience of the acts of the generall assemblies , or did know what they were , or where certainely to have them : and yet these men have interpreted our furthering their knowledge and facilitating and conveniencing their obedience for one of the most grievous burthens was ever laid upon them : but no wonder it is , if when mens minds are once out of taste with government nothing tending to order relisheth well with them . their petition was sent up to us by our councell : but wee seeing no signe of repentance for , or disavowing of their late tumults , untill some order might be taken for the finding out and punishment of the authors of them , resolved to delay the answering of their petition , but in the meane time commanded our councell to signifie to all our good subjects our aversnesse from poperie , and detestation of superstition , the contrarie suggestions whereof we found the heads of this rebellion had used for abusing of our loyall subjects , and so accordingly our councell caused a proclamation to be made at lithgow , which was this . apud linlithgow septimo decemb. . for as much as the kings majestie , having seene the petition presented to the lords of his majesties privie councell , and by them sent up to his majestie concerning the service book , determined to have taken the same into his royall consideration , and to have given his gracious answer thereanent with all conveniencie : like as his majestie by his letters to his councell of the date of the ninth of october last , did signifie his gracious resolution to the effect aforesaid . but since that time , his majestie finding ( farre contrarie to his expectation ) that such disorderly , tumultuous and barbarous insolenceis have beene committed within the citie of edinburgh upon the eighteenth of october last , to the great contempt of his majesties royall authoritie , by abusing his majesties councellors and officers of state , with others bearing charge and authoritie under his majestie within the said citie : his majestie in a just resentment of that foule indignitie , ( wherein his majesties honour did so much suffer ) hath beene mooved to delay the signification of his majesties gracious intention , in giving to his subjects such satisfactorie answers to their petitions as in equitie might have been expected from so just and religious a prince ; but yet his majestie being unwilling that his loyall and faithfull subjects should be possessed with groundlesse and uncessarie doubts and feares , his majestie is pleased out of his goodnesse to declare , like as by these presents hee declareth , that as he abhorreth all superstition of poperie , so he will be most carefull that nothing be allowed within his majesties dominions , but that which shall tend to the advancement of the true religion , as it is presently professed within his most ancient kingdome of scotland : and that nothing is or was intended to be done therein against the laudable lawes of this his majesties native kingdome . and ordaineth publication to bee made hereof in forme as a foresaid . at this time we sent into scotland the earle of roxburgh lord privie ▪ seale , with certaine instructions to our councell for ordering these disordered affaires ; according to which they appointed the councell to sit at dalkeith , being not above foure miles from edinburgh , that so they might the more easily know what passed in that place , now become the seat of the rebellion ; and they removed the session or terme from lithgow to sterlin , a place of . miles distance from edinburgh , that so the huge disorderly multitudes there assembled , might be dispersed , by the necessitie of the attendance of such as had any law-businesse : at the same time the earle of traquair lord treasurer of that kingdome , whom wee had sent for hither , was returned back with directions from us : he , with our lord privie seale & other principall councellers , repaired to sterlin , where by our commandement they caused a proclamation to be made for the dispersing of the huge and dangerous multitudes there assembled , and the assuring of our subjects of our sinceritie towards the religion established in that our kingdom : and there first , the nobilitie , gentrie , ministers , and burgesses did the same thing which they themselves called the uproare of rascalls at the first reading of the service book in the churches of edinburgh , and which they condemned , but in milder tearmes , by the name of an unjustifiable act , in that great sedition at edinburgh on the eighteenth of october : for by them , first at sterlin , then at lithgow , and last at edinburgh , was made the first avowed affront to us , our authoritie and lawes : for at sterlin our proclamation being made , the earle of hume and the lord lindsey , assisted with many others of all ranks , made a protestation against the same ; which protestation was afterward repeated at lithgow , and last at edinburgh , where , when upon the crosse , our proclamation was made by our officers with sound of trumpets , and assisted with our heralds with our coats of armes upon their backs , it was received , while it was in reading , with jeering and laughing , and after it was ended with a protestation against it , made by many earles , lords , ministers , and burgesses , and the conflux of all other sorts of people , who were all of them so malapert as not to suffer our heralds and officers to come off the crosse , but forced them to stay and heare their protestation against our proclamation , as if both had been made by the same authoritie : and if this now were not a higher act of rebellion then either the first tumult raised in the churches , against which they so much declamed , or the second insurrection at edinburgh , which they so much disclamed , wee leave it to the world to judge : the copies both of our proclamation and their protestation we have here inserted , that themselves , as well as others , may see that we wrong not the truth . charles by the grace god , king of great britaine , france , and ireland , defender of the faith , &c. to our lovits , &c. our sheriffes in that part conjunctly and severally , specially constituted , greeting . for as much as wee , out of our princely care of maintenance of the true religion already professed , and for beating downe of all superstition , having ordained a book of common prayer to be compiled for the generall use and edification of our subjects within our ancient kingdome of scotland , the same was accordingly done : in the performing whereof , we took great care and paines ; so as nothing past therein but what was seene and approved by us , before the same was either divulged or printed , assuring all our loving subjects , that not onely our intention is , but even the verie book will be a readie meanes to maintaine the true religion alreadie professed , and beat out all superstition ; of which we in our owne time do not doubt but in a faire course to satisfie our good subjects . but having seene and considered some petitions and declarations given in to our councell against the said book and late canons of the church , we find our royall authoritie much injured thereby , both in the matter and in the carriage thereof ; whereby we conceive these of our nobility , gentrie , burroughs , ministers , and others , who kept and assisted these meetings and convocations for contriving and forming the said petitions , or who have subscribed the same , to deserve and bee liable to our high censure , both in their persons and fortunes , as having conveened themselves without either our consent or authoritie ; yet because we beleeve that what they have done herein is out of a preposterous zeale , and not out of any disloyaltie or disaffection to soveraigntie , we are graciously pleased in so farre as concernes these meetings for consulting or subscribing of these petitions , or presenting the same to any judge or judges in our said kingdome , to dispense therewith , and with what may bee their fault or errour therein , to all such as upon signification or declaration of our pleasure shall retire themselves as becommeth good and dutifull subjects : to which purpose our will is , and we charge you straightly , and command , that incontinent these letters seene , you passe , and in our name and authoritie make intimation hereof , to all our lieges and subjects , by open proclamation at all places needfull , wherethrough none pretend ignorance thereof ; and therewith also , that you in our name and authoritie discharge all such convocations and meetings in time comming , under the paine of treason : and also that you command , and charge , and inhibit all our lieges and subjects , that none of them presume nor take in hand to resort nor repaire to our burgh of sterling , nor to no other burgh , where our councell and session sits , till first they declare their cause of comming to our councell , and procure their warrant to that effect . and further , that you command and charge all and sundrie provosts , bailiffes , and magistrates within burgh , that they and everie one of them have a speciall care and regard to see this our royall will and pleasure really and dutifully obeyed in all points ; and that no violation thereof be suffered within their bounds , under all highest paine , crime , and offence that they may commit against us in that behalfe : as also that you command and charge all and sundrie noblemen , barons , ministers and burrowes , who are not actuall indwellers within this our burgh , and are not of the number of the lords of our privie councell and session , and members thereof , and are already within this our burgh , that they , and everie one of them ▪ remove themselves , and depart and passe forth of our said burgh , and returne not againe , without the warrant aforesaid , within six houres after the publication hereof , under the said paine of treason . and as concerning any petitions that hereafter shall be given unto us , upon this or any other subject , wee are likewise pleased to declare , that we will not shut our eares therefrom ; so that neither the matter nor forme be prejudiciall to our regall authoritie . the which to do we commit to you , conjunctly and severally , our full power by these our letters , delivering the same by you duely execute and indorsed againe to the bearer . given under our signet at sterling the nineteenth day of february , and of our reigne the thirteenth yeere , . per actum secreti concilii . here followeth their protestation . for god and the king. we noblemen , barons , ministers , burrowes , appointed to attend his majesties answer to our humble petition and complaint , and to preferre new grievances , and to do what else may lawfully conduce to our humble desires ; that whereupon the . of september last , wee presented a supplication to your lordships , and another upon the . of october last , and also a new bill relative to the former upon the . of december last , and did therein humbly remonstrate our just exceptions against the service book , and book of canons ; and also against the arch-bishops and bishops of this kingdome , as the contrivers , maintainers , and urgers thereof , and against their sitting as our judges untill the cause be decided ; earnestly supplicating withall to bee freed and delivered from these and all other innovations of that kinde , introduced against the laudable lawes of this kingdome ; as that of the high commission , and other evils particularly mentioned , and generally contained in our foresaid supplications and complaints , and that this our partie delinquent against our religion and lawes may be taken order with , and these pressing grievances may be taken order with and redressed according to the lawes of this kingdome , as by our said supplications and complaints more largely doth appeare : with the which on the . of december last , we gave in a declinator against the arch-bishops and bishops as our parties , who by consequence could not be our judges ; wherupon your lordships declared by your act at dalkeith the said . of december , that you would present our petitions to his majesties royall consideration , and that without prejudice of the declinator given in by us the said supplicants ; wherupon we should be heard at place and time convenient , and in the meane time should receive no prejudice , as the said act in it selfe beareth . and whereas we your lordships supplicants with a great deale of patience , and hope also , grounded on sundry promises , were expecting an answere to these our humble desires , and having learned that upon some directions of his majesties anent our supplications and complaint unto your lordships of the secret councell , your lordships admits to the consulting and judging anent our supplications , and his majesties answere thereunto , the archbishops and bishops our direct parties , contrarie to our declinator first propounded at dalkeith , and now renewed at sterling ; and * contrarie to your lordships act aforesaid at dalkeith , and contrarie to our religion , and lawes , and humble supplications . therefore lest our silence be prejudiciall to this so important a cause , as concernes gods glorie and worship , our religion , salvation , the lawes and liberties of this kingdome , or derogatorie to the former supplications and complaints , or unanswerable to the trust of our commission ; out of our bound dutie to our god , our king and native countrey , we are forced to take instruments in notaries hands , of your lordships refusall to admit our declinator , or remove these our parties , and to protest in manner following : first , that we may have our immediate recourse to our sacred soveraign , to present our grievances , and in a legall way to prosecute the same before the ordinarie competent judges , civill or ecclesiasticall , without any offence offered by us , or taken by your lordships . secondly , vve protest that the said archbishops and bishops , our parties complained upon , cannot be reputed or esteemed lawfull judges to fit in any judicatorie in this kingdome , civill or ecclesiasticall , upon any of the supplicants , untill after lawfull tryall judicially they purge themselves of such crimes as we have already laid to their charge , offering to prove the same whensoever his sacred majestie shall please to give us audience . thirdly , vve protest that no act nor proclamation to follow thereupon , past , or to be past in councell or out of councell , in presence of the archbishops and bishops , whom we have already declined to be our judges , shall any wayes be prejudiciall to us the supplicants , our persons , estates , lawfull meetings , proceedings , or pursuits . fourthly , vve protest that neither we nor any whose heart the lord moveth to joine with us in these our supplications against the foresaid innovations , shall incurre any danger , in life , lands , or any politicall or ecclesiasticall paines , for not observing such acts , bookes , canons , rites , judicatories , proclamations , introduced without or against the acts of generall assemblies , or acts of parliament , the statutes of this kingdome ; but that it shall be lawfull to us or them to use our selves in matters of religion of the externall worship of god and policie of the church , according to the word of god , and laudable constitutions of this church and kingdome , conforme to his majesties declaration the ninth of december last . fifthly , seeing by the legall and submisse way of our former supplications , all who takes these innovations to heart , have been kept calme and carried themselves in a quiet manner , in hope of redresse ; vve protest that if any inconvenience shall happen to fall out ( which we pray the lord to prevent ) upon the pressing of any of the foresaid innovations or evils , specially or generally contained in our former supplications and complaints , and upon your lordships refusall to take order thereanent , the same be not imputed to us , who most humbly seeks all things to be reformed by an order . sixthly , we protest that these our requests , proceeding from conscience and a due respect to his majesties honour , doe tend to no other end , but to the preservation of the true reformed religion , the lawes and liberties of this his majesties most ancient kingdome , and satisfaction of our most humble desires contained in our supplication and complaint , according to his majesties accustomed goodnesse and justice , from which we doe certainely expect that his sacred majestie will provide and grant such remedie to our just petitions and complaints , as may be expected from so gracious a king toward most loyall and dutifull subjects , calling for redresse of so pressing grievances , and praying to god that his majestie may long and prosperously reigne over us . against which protestation we shall now say nothing , because it is contained & repeated in another larger protestation of theirs , which shall be inserted hereafter , and there it shall receive a full answer : onely we desire the reader to observe these two things in it ; first , the iniquitie and injustice of their demanding some of our bishops to be removed from our councell , nay , and ( which we think never was heard before ) their protesting against all acts to be done and passed in our councell at which any of them shall be present , alledging , that this their protestation against them , and declinator of them , maketh them to be parties , and so they cannot be judges ; and withall they require them first to be removed , and then promise they will make proofe of such crimes against them as shall declare the justice of their removall ; which is all one as to intreat them first to condemn a man , and then to trie him : and if a protestation against their sitting in councell , and a declinator of our councells authoritie ( neither of them admitted by our councell ) shall make some councellours to be parties , and invalidate all acts of councell so long as these councellours whom they have fancied to be parties sit there ; how their last pretended generall assembly , against which there were so many protestations made both by the bishops and others , and which by all these protesters was declined as judge , because the members of it had all made themselves parties , can be counted a lawfull generall assembly , or the members of it lawfull judges , we leave it to themselves to reconcile : and if they should say , that these protestations and declinators against the assembly were repelled by the assembly , who was the sole judge of them , let them remember , that their protestation against the bishops , and their declinator against our councels authoritie , if they should not eject them , were both of them , likewise repelled and rejected by our councell , who was the onely true judge of them , their last pretended assembly being no true but onely a pretended judge of the others , after the assembly was dissolved by our authoritie . and secondly , we shall desire the reader to observe , that their demands in this protestation are very farre short of those which are made by them in their succeeding protestations , which swell with farre more bold and insolent demands then this doth , although this be bold and insolent enough : but it is an usuall course with the heads of all rebellions , to draw in that partie , by whose power they intend to make good their wicked plots , with small things at the first , concealing from them the depth of their intentions , untill they have engaged them so farre , as they can make them beleeve that there is no safety in retreating , when their crimes are past hope of pardon . and now after this their first protestation , begun the most unnaturall , causlesse , and horrible rebellion that this or perhaps any other age in the world hath been acquainted with : for now these protesters begin to invest themselves with the supreme ensignes and markes of majestie and soveraigntie , by erecting publike tables of advice and councell , for ordering the affaires of the kingdome , without our authoritie , and in contempt of us and our councell established by us there , and by entring into a covenant and most wicked band and combination against all that shall oppose them , not excepting our owne person , directly against the law of god , the law of nations , and the municipall lawes of that our kingdome : so that after this their protestation , they perfected that which they had before begun confusedly , and as it were in a ruder draught : for then , contrarie to our expresse commandement and authoritie expressed in our last proclamations , and repeated unto them by our councell , they did erect a great number of tables ( as they called them ) in edinburgh ▪ foure principall , one of the nobilitie , another of the gentrie , a third of the burroughes , a fourth of ministers ; and the gentrie had manie subordinate tables , according to their severall shires : these severall tables did consult of what they thought fit to bee propounded at the generall table , which consisteth of severall commissioners chosen from the other foure tables ; and what they of the generall table resolved on , was to be put in practice with a blinde and jesuiticall obedience : a rare and unheard forme of government in a kingdome whose government ever was monarchicall , and which they themselves still say continueth to be so : sure these meetings by wise men have been accounted rather stables of unruly horses , broken loose and pulling downe all they can reach , then tables for the consultations of wise and rationall men . now the first dung which from these stables was throwne upon the face of authoritie and government , was that lewd covenant , and seditious band annexed unto it , which we here subjoine , because we are confident that by the verie recitall and perusall of it , every religious and wise man may run and read that sentence of condemnation which it carrieth in its owne front . the confession of faith of the kirk of scotland , subscribed by the kings majestie and his houshold in the yeare of god . with a designation of such acts of parliament as are expedient for justifying the union after mentioned ; and subscribed by the nobles , barons , gentlemen , burgesses , ministers , and commons , in the yeare of god . josh. . . so joshua made a covenant with the people the same day , and gave them an ordinance and law in sichem . king . . . and jehoiada made a covenant between the lord and the king , and the people , that they should be the lords people ; likewise betweene the king and the people . isaia . . one shall say , i am the lord : another shall be called by the name of jacob : and another shall subscribe with his hand unto the lord , &c. the kings majesties charge , to all commissioners and ministers within this realme , in the yeare of god . seeing that vve and our houshold have subscribed and given this publike confession of our faith , to the good example of our subjects , vve command and charge all commissioners and ministers , to crave the same confession of their parochianars , and proceed against the refusers , according to our lawes and order of the kirk , delivering their names and lawfull processe to the ministers of our house , with all haste and diligence , under the paine of fourtie pound to be taken from their stipend , that vve , with the advice of our councell , may take order with such proud contemners of god and our lawes . subscribed with our hand , at haly-rud-house , . the . day of march , the . yeare of our reigne . the confession of faith of the kirke of scotland . the confession of faith , subscribed at first by the kings majesty and his houshold , in the yeere of god . thereafter , by persons of all rankes , in the yeere . by ordinance of the lords of the secret councell , and acts of the generall assembly . subscribed againe by all sorts of persons in the yeere . by a new ordinance of councell , at the desire of the generall assembly : with a generall band for maintenance of the true religion and the kings person . and now subscribed in the yeere . by us , noblemen , barons , gentlemen , burgesses , ministers , and commons under subscribing : together with our resolution and promises , for the causes after specified , to maintaine the said true religion , and the kings majestie , according to the confession foresaid , and acts of parliament . the tenor whereof here followeth . wee all , and every one of us underwritten , protest , that , after long and due examination of our owne consciences , in matters of true and false religion , are now throughly resolved of the truth , by the word and spirit of god , and therefore we beleeve with our hearts , confesse with our mouths , subscribe with our hands , and constantly affirme before god and the whole world ; that this only is the true christian faith and religion , pleasing god , and bringing salvation to man , which now is by the mercy of god revealed to the world , by the preaching of the blessed evangel . and 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 realm , as gods eternall truth , and onely ground of our salvation : as more particularly is expressed in the confession of our faith , stablished , and publikely confirmed by sundry acts of parliaments , and now of a long time hath been openly professed by the kings majestie , and whole body of this realme , both in burgh and land. to the which confession and forme of religion , wee willingly agree in our consciences in all points , as unto gods undoubted truth and verity , grounded onely upon his written word . and therefore , wee abhorre and detest all contrarie religion , and doctrine : but chiefly , all kinde of papistrie , in generall and particular heads , even as they are now damned and confuted by the word of god , and kirk of scotland : but in speciall we detest and refuse the usurped authoritie of that roman antichrist , upon the scriptures of god , upon the kirk , the civill magistrate , and consciences of men . all his tyrannous lawes made upon indifferent things against our christian libertie . his erroneous doctrine , against the sufficiencie of the written vvord , the perfection of the law , the office of christ and his blessed evangel . his corrupted doctrine concerning originall sinne , our naturall inabilitie and rebellion to gods law , our justification by faith onely , our imperfect sanctification and obedience to the law , the nature , number , and use of the holy sacraments . his five bastard sacraments , with all his rites , ceremonies , and false doctrine , added to the ministration of the true sacraments without the vvord of god. his cruell judgement against infants , departing without the sacrament : his absolute necessitie of baptisme : his blasphemous opinion of transubstantiation , or reall presence of christs body in the elements , and receiving of the same by the wicked , or bodies of men . his dispensations with solemn oaths , perjuries , and degrees of marriage forbidden in the vvord : his crueltie against the innocent divorced : his divellish masse ▪ his blasphemous priesthood : his profane sacrifice for the sins of the dead and the quick : his canonization of men , calling upon angels or saints departed , worshipping of imagerie , relicks , and crosses , dedicating of kirks , altars , daies , vowes to creatures ; his purgatorie , praiers for the dead , praying or speaking in a strange language , with his processions and blasphemous letanie , and multitude of advocates or mediators : his manifold orders , auricular confession : his desperate and uncertaine repentance ; his generall and doubtsome faith ; his satisfactions of men for their sins : his justification by works , opus operatum , works of supererogation , merits , pardons , peregrinations , and stations : his holy vvater , baptising of bels , conjuring of spirits , crossing , saning , anointing , conjuring , hallowing of gods good creatures , with the superstitious opinion joined therewith : his worldly monarchy , and wicked hierarchie : his three solemne vowes , with all his shavelings of sundry sorts , his erroneous and bloudie decrees made at trent , with all the subscribers and approvers of that cruell and bloudie band , conjured against the kirk of god : and finally , we detest all his vain allegories , rites , signs , and traditions , brought in the kirk , without or against the vvord of god , and doctrine of this true reformed kirk ; to the which we joyne our selves willingly , in doctrine , faith , religion , discipline , and use of the holy sacraments , as lively members of the same , in christ our head : promising , and swearing by the great name of the lord our god , that we shall continue in the obedience of the doctrine and discipline of this kirk , and shall defend the same according to our vocation and power , all the dayes of our lives , under the paines contained in the law , and danger both of body and soule in the day of gods fearfull judgement : and seeing that many are stirred up by satan and that romane antichrist to promise , sweare , subscribe , and for a time use the holy sacraments in the kirk deceitfully , against their owne consciences , minding thereby , first , under the externall cloake of religion , to corrupt and subvert secretly gods true religion within the kirk , and afterward , when time may serve , to become open enemies and persecuters of the same , under vaine hope of the popes dispensation , devised against the word of god , to his greater confusion , and their double condemnation in the day of the lord jesus . we therefore , willing to take away all suspition of hypocrisie , and of such double dealing with god and his kirk , protest , and call the searcher of all hearts for witnesse , that our minds and hearts do fully agree with this our confession , promise , oath and subscription ; so that we are not moved for any worldly respect , but are perswaded only in our consciences through the knowledge and love of gods true religion , printed in our hearts by the holy spirit , as we shall answer to him in the day when the secrets of all hearts shall be disclosed . and because we perceive that the quietnesse and stability of our religion and kirk doth depend upon the safety and good behaviour of the kings majestie , as upon a comfortable instrument of gods mercy granted to this countrey for the maintaining of his kirk , and ministration of justice amongst us , wee protest and promise with our hearts under the same oath , hand-writ , and paines , that wee shall defend his person and authority , with our goods , bodies , and lives , in the defence of christ his evangel , liberties of our countrey , ministration of justice , and punishment of iniquity , against all enemies within this realme , or without , as we desire our god to be a strong and mercifull defender to us in the day of our death , and comming of our lord jesus christ : to whom , with the father , and the holy spirit , be all honour and glorie eternally . like as many acts of parliament not onely in generall doe abrogate , annull , and rescind all lawes , statutes , acts , constitutions , canons civill or municipall , with all other ordinances and practicke penalties whatsoever , made in prejudice of the true religion and professours thereof : or , of the true kirk discipline , jurisdiction and freedome thereof : or , in favours of idolatrie and superstition : or , of the papisticall kirk : as , act. . act. . parl. ▪ act. . parl. . act. . parl. . of king james the sixt , that papistrie and superstition may be utterly suppressed , according to the intention of the acts of parlament reported in act. . parl. . k. james . and to that end they ordaine all papists and priests to be punished by manifold civill and ecclesiasticall paines , as adversaries to gods true religion , preached and by law established within this realme , act. . parl. . k. james . as common enemies to all christian government , act. . parl. . k. james . as rebellers and gainstanders of our soveraigne lords authoritie , act. . parl. . k. james . and as idolaters , act. . parl. . k. james . but also in particular ( by and attour the confession of faith ) do abolish and condemne the popes authoritie and jurisdiction out of this land , and ordaines the maintainers thereof to be punished , act. . parl. . act. . parl. . act. . parl. . act. . parl. . k. james . do condemne the popes erroneous doctrine , or any other erroneous doctrine repugnant to any of the articles of the true and christian religion publikely preached , and by law established in this realm : and ordaines the spreaders and makers of books or libels , or letters , or writs of that nature to be punished , act. . parl. . act. . parl. . act. . parl. . k. james . doe condemne all baptisme conform to the popes kirk and the idolatry of the masse , and ordaines all sayers , wilfull hearers , and concealers of the masse , the maintainers and resetters of the priests , jesuites , traffiquing papists , to be punished without any exception or restriction ▪ act. . parl. . act. . parl. . act. . parl. . act. . parl. . act. . parl. . act. . parl. . k. james . do condemne all erroneous books and writs containing erroneous doctrine against the religion presently professed , or containing superstitious rites and ceremonies papisticall , whereby the people are greatly abused , and ordaines the homebringers of them to be punished , act. . parl. . k. james . do condemn the monuments and dregs of bygane idolatrie , as going to crosses , observing the festivall dayes of saincts , and such other superstitious and papisticall rites , to the dishonour of god , contempt of true religion , and fostering of great errour among the people , and ordaines the users of them to be punished for the second fault as idolaters , act. . parl. . k. james . like as many acts of parlament are conceived for maintenance of gods true and christian religion , and the puritie thereof in doctrine and sacraments of the true church of god , the libertie and freedome thereof , in her nationall , synodall assemblies , presbyteries , sessions , policie , discipline and jurisdiction thereof , as that puritie of religion and libertie of the church was used , professed , exercised , preached , and confessed according to the reformation of religion in this realm . as for instance , act. . parl. . act. . parl. . act. . parl. . act. . parl. . k. james . ratified by act. . k. charles . so that act. . parl. . and act. . parl. . of k. james . in the yeare of god . declares the ministers of the blessed evangel , whom god of his mercie had raised up , or hereafter should raise , agreeing with them that then lived in doctrine and administration of the sacraments , and the people that professed christ , as he was then offered in the evangel , and doth communicate with the holy sacraments ( as in the reformed kirkes of this realme they were presently administrate ) according to the confession of faith , to be the true and holy kirk of christ jesus within this realme , and decernes and declares all and sundrie , who either gainsayes the vvord of the evangel , received and approved as the heads of the confession of faith , professed in parlament in the yeare of god . specified also in the first parlament of k. james . and ratified in this present parlament , more particularly do specifie ; or that refuses the administration of the holy sacraments , as they were then ministrated , to be no members of the said kirk within this realme , and true religion presently professed , so long as they keepe themselves so divided from the societie of christs bodie : and the subsequent act. . parl. . k. james . declares , that there is no other face of kirke , nor other face of religion , then was presently at that time , by the favour of god , established within this realme , which therefore is ever stiled gods true religion , christs true religion , the true and christian religion , and a perfect religion . which , by manifold acts of parlament , all within this realme , are bound to professe to subscribe the articles thereof , the confession of faith , to recant all doctrine and errours repugnant to any of the said articles , act. . and . parl. . act. . . . parl. . act. . parl. . act. . parl. . act. . parl. . act. . parl. . act. . and . parl. . of k. james . and all magistrates , sheriffes , &c. on the one part , are ordained to search , apprehend , and punish all contraviners : for instance , act. . parl. . act. . parl. . act. . . parl. . k. james . and that , notwithstanding of the kings majestes licences on the contrary , which are discharged and declared to be of no force , in so farre as they tend in any wayes to the prejudice and hinder of the execution of the acts of parlament against papists , and adversaries of true religion , act. . par. . k. james . on the other part , in the . act. parl. . k. james . it is declared and ordained , seeing the cause of gods true religion and his highnesse authority are so joyned , as the hurt of the one is common to both ; and that none shall be reputed as loyall and faithfull subjects to our soveraigne lord , or his authority , but be punishable as rebellers and gainstanders of the same , who shall not give their confession , and make their profession of the said true religion ; and that they who after defection shall give the confession of their faith of new , they shall promise to continue therein in time comming , to maintaine our soveraigne lords authoritie , and at the uttermost of their power to fortifie , assist , and maintaine the true preachers and professours of christs religion , against whatsoever enemies and gainstanders of the same : and namely , against all such of whatsoever nation , estate , or degree they be of , that have joyned and bound themselves , or have assisted or assists , to set forward and execute the cruell decrees of trent , contrary to the preachers and true professours of the word of god , which is repeated word by word in the articles of pacification at pearth the of february . approved by parlament the last of aprill . ratified in parlament . and related , act. . parl. . of k. james . with this addition , that they are bound to resist all treasonable uproares and hostilities raised against the true religion , the kings majestie , & the true professors . like as all lieges are bound to maintain the k. majesties royal person and authority , the authority of parlaments , without the which neither any laws or lawful judicatories can be established , act. . act. . par. . k. ja : . & the subjects liberties , who ought only to live and be governed by the kings lawes , the common lawes of this realm allanerly , act. . parl. . k. james . act. . parl. . k. james : repeated in act. . parl. . k. james . vvhich , if they be innovated or prejudged , the commission anent the union of the two kingdomes of scotland and england , which is the sole act of the . parl. of k. james . declares , such confusion would ensue , as this realme could be no more a free monarchie , because by the fundamentall lawes , ancient priviledges , offices and liberties of this kingdome , not onely the princely authoritie of his majesties royall discent hath bin these manie ages maintained , but also the peoples securitie of their lands , livings , rights , offices , liberties & dignities preserved ; and therefore for the preservation of the said true religion , lawes , and liberties of this kingdome , it is statute by act. . parl. . repeated in act. . parl. . ratified in act. . parl. . and . act. of k. james . and . act. of k. charles , that all kings and princes at their coronation and reception of their princely authoritie , shall make their faithfull promise by their solemn oath in the presence of the eternall god , that enduring the whole time of their lives , they shall serve the same eternall god , to the uttermost of their power , according as he hath required in his most holy vvord , contained in the old and new testaments . and according to the same vvord , shall maintain the true religion of christ jesus , the preaching of his holy vvord , the due and right ministration of the sacraments , now received and preached within this realme ( according to the confession of faith immediately preceding ) and shall abolish and gainstand all false religion , contrarie to the same , and shall rule the people committed to their charge , according to the will and command of god revealed in his foresaid vvord , and according to the lowable lawes and constitutions received in this realm , no waies repugnant to the said will of the eternall god , and shal procure , to the uttermost of their power , to the kirk of god , and whole christian people , true and perfit peace in all time comming ; and that they shall be carefull to root out of their empire all hereticks , and enemies to the true worship of god , who shall be convicted by the true kirk of god of the foresaid crimes ; which was also observed by his majesty at his coronation in edinburgh . as may be seene in the order of the coronation . in obedience to the commandement of god , conform to the practice of the godly in former times , and according to the laudable example of our worthy and religious progenitors , and of many yet living amongst us , which was warranted also by act of councell , commanding a generall band to bee made and subscribed by his majesties subjects of all ranks , for two causes : one was , for defending the true religion , as it was then reformed , and is expressed in the confession of faith above written , and a former large confession established by sundrie acts of lawfull generall assemblies , and of parlament , unto which it hath relation , set downe in publicke cathechismes , and which had beene for many yeeres with a blessing from heaven , preached , and professed in this kirk and kingdome , as gods undoubted truth , grounded onely upon his written word : the other cause was , for maintaining the kings majestie his person and estate ; the true worship of god , and the kings authoritie being so straightly joyned , as that they had the same friends and common enemies , and did stand and fall together . and finally , being convinced in our minds , and confessing with our mouthes , that the present and succeeding generations in this land , are bound to keep the foresaid nationall oath and subscription inviolable , we noblemen , barons , gentlemen burgesses , ministers , and commons under subscribing , considering divers times before , and especially at this time , the danger of the true reformed religion , of the kings honour , and of the publicke peace of the kingdome , by the manifold innovations and evils generally contained and particularly mentioned in our late supplications , complaints , and protestations , doe hereby professe , and before god , his angels , and the world solemnely declare , that , with our whole hearts wee agree and resolve all the daies of our life constantly to adhere unto , and to defend the foresaid true religion , and forbearing the practice of all novations , already introduced in the matters of the worship of god , or approbation of the corruptions of the publick government of the kirk , or civill places and power of kirkmen , till they bee tryed and allowed in free assemblies , and in parlaments , to labour by all meanes lawfull to recover the purity and libertie of the gospel , as it was established and professed before the foresaid novations : and because , after due examination , wee plainly perceive , and undoubtedly beleeve , that the innovations and evils contained in our supplications , complaints , and protestations have no warrant of the word of god , are contrary to the articles of the foresaid confessions , to the intention and meaning of the blessed reformers of religion in this land , to the above written acts of parlament , and doe sensibly tend to the re-establishing of the popish religion and tyranny , and to the subversion and ruine of the true reformed religion , and of our liberties , lawes , and estates . vve also declare , that the foresaid confessions are to bee interpreted and ought to be understood of the foresaid novations and evils , no lesse then if everie one of them had beene expressed in the foresaid confessions ; and that wee are obliged to detest and abhorre them , amongst other particular heads of papistrie abjured therein . and therefore from the knowledge and conscience of our dutie to god , to our king and countrey , without any worldly respect or inducement , so farre as humane infirmitie will suffer , wishing a further measure of the grace of god for this effect , vve promise and sweare , by the great name of the lord our god , to continue in the profession and obedience of the foresaid religion : that we shall defend the same , and resist all these contrarie errours and corruptions , according to our vocation , and to the uttermost of that power that god hath put in our hands , all the dayes of our life : and in like manner , with the same heart , we declare before god and men , that we have no intention nor desire to attempt any thing that may turne to the dishonour of god , or to the diminution of the kings greatnesse and authoritie : but on the contrarie , we promise and sweare , that wee shall , to the uttermost of our power , with our meanes and lives , stand to the defence of our dread soveraign , the kings majestie , his person and authoritie , in the defence and preservation of the foresaid true religion , liberties and lawes of the kingdome ; as also to the mutuall defence and assistance , everie one of us of another in the same cause of maintaining the true religion , and his majesties authoritie , with our best counsell , our bodies , meanes , and whole power , against all sorts of persons whatsoever . so that , whatsoever shall be done to the least of us for that cause , shall be taken as done to us all in generall , and to everie one of us in particular . and that we shall neither directly nor indirectly suffer our selves to be divided or withdrawn by whatsoever suggestion , combination , allurement , or terrour , from this blessed and loyall conjunction , nor shall cast in any let , or impediment that may stay or hinder any such resolution , as by common consent shall be found to conduce for so good ends . but on the contrarie , shall by all lawfull meanes labour to further and promove the same : and if any such dangerous and divisive motion be made to us by vvord or vvrit , wee , and everie one of us , shall either suppresse it , or , if need be , shall incontinent make the same known , that it may bee timously obviated ; neither do we feare the foule aspersions of rebellion , combination , or what else our adversaries from their craft and malice would put upon us , seeing what we do is so well warranted , and ariseth from an unfained desire to maintaine the true worship of god , the majestie of our king , and the peace of the kingdome , for the common happinesse of our selves , and the posteritie . and because we cannot look for a blessing from god upon our proceedings , except with our profession and subscription we joyne such a life and conversation , as beseemeth christians , who have renewed their covenant with god ; vvee , therefore faithfully promise , for our selves , our followers , and all others under us , both in publike , in our particular families and personall carriage , to endevour to keep our selves within the bounds of christian libertie , and to be good examples to others of all godlinesse , sobernesse , and righteousnesse , and of everie dutie we owe to god and man. and that this our union and conjunction may bee observed without violation , vvee call the living god , the searcher of our hearts , to witnesse , who knoweth this to be our sincere desire , and unfained resolution , as we shall answer to jesus christ in the great day , and under the paine of gods everlasting wrath , and of infamie , and of losse of all honour and respect in this world : most humblie beseeching the lord , to strengthen us by his holy spirit for this end , and to blesse our desires and proceedings with a happie successe , that religion and righteousnesse may flourish in the land , to the glorie of god , the honour of our king , and peace and comfort of us all . in witnesse whereof we have subscribed with our hands all the premisses , &c. to dispute against this covenant scholastically , or otherwise then by vindicating our royall authoritie , and the monarchicall government of that our ancient kingdome , is farre beneath us ; and therefore wee would onely know , how they can possibly answer these foure questions to the world . first , by what authoritie they entered into this covenant , and how they durst presume to exact an oath from any of our subjects to it , or any thing else ; it being an irrefragable proposition , that no publike oath can bee administred but by a magistrate , or by one sufficiently deputed by authoritie to administer it : for it is a badge annexed to magistracie and authoritie , to have power of giving and taking an oath ; and therefore they cannot satisfie the world by what authoritie or deputation from authoritie they did give this oath to , and receive it from our subjects . they do answer , that though they have no law for it , yet they have president ; for this confession of faith ( say they in the title of their covenant ) was subscribed by our father of happie memorie , and his houshold , in the year . thereafter by persons of all ranks in the yeare . and that by the ordinance of the lords of the secret councel , and acts of the generall assemblie : subs●ribed againe , by all sorts of persons in the yeare . by a new ordinance of councell at the desire of the generall assemblie , with a generall band for maintenance of true religion and the kings person . now , was this their confession of faith , and covenant annexed , commanded to bee sworne and subscribed by us , by any order from our councell , or by any act of generall assembly ? but they will say , that it being once commanded , that commandement is still in force and vigour . that is indeed a good ground or president for us and our councell , to command this same oath to be renewed when we shall see cause ; but the repetition of it must still be by the same authoritie by which it was at the first injoyned : now , the first injunction of this subscription was made by our royall father , in the yeare . the first renewing of it in . was ( as they say themselves ) by an ordinance of the lords of the secret councell ; the second renewing of it . was by a new ordinance of councell at the desire of the generall assemblie . by which it is plaine , that the judgement of the generall assemblie , ( which in those daies was at the highest , and was not wont to derogate from their owne power ) was , that this oath could not be renewed , nor any band , but by authoritie from our royall father and his councell . againe , have they not printed in the frontispice of this their covenant our royall father his charge to certain commissioners , and all ministers within that realme , for requiring this oath , with a command to returne to the ministers of his house , the names and processes of all such as should refuse to take the said oath . now , did any of all these precede their covenant ? was our authoritie , or the authoritie of our councell so much as asked , much lesse obtained ? were there any commissioners by us , or our councell appointed to receive this oath in the severall shires ? nay , as shall appeare afterward in due place , when we , with the advice of our councell , by proclamation did command the renewing of that oath , and designed commissioners throughout the severall shires of the kingdome for administring of it , did not those , who call themselves of the table , refuse to sweare it themselves , and command that none of the kingdome should sweare it by any authoritie from us ? and is not this pulling down of our authoritie , and setting themselves in our place ? so that if the reader look upon the title and inscription of their covenant , he shall finde ( as wee said ) that it carrieth the overthrow of it in its owne front . secondly , say they had power to command the new taking of this oath , ( as they had not , ) yet what power can be pretended for their interpretation of it ? it being a received maxime , that no lesse authoritie can interpret a law or rescript , then that which made it , or those , whom they who made it have constituted judges to give judgement and sentence according to the true meaning of it . this oath then being first framed and urged by our royall father , with the advice of his councell , can it be interpreted by any but by us , and his and our successours ? and have either we or our councell given any such interpretation ? nay , can any man , though in authoritie , indued with religion or reason , with any conscience or honestie , give not onely so false , but so ridiculous and absurd an interpretation of that confession of faith , as those of the table have given ? for they have declared , that this confession is to bee interpreted , and ought to be understood of all the pretended novations , no lesse then if everie one of them had beene expressed in the said confession . had they said that they themselves did prohibite these pretended novations , as other points of poperie in that confession abjured , the words had then carried some sense , as intimating that they themselves did now think that they did tend to poperie : but that they should force any man to sweare that the framers of that confession at the first did so , they being all dead , & so never were asked , nor can bee asked the question ; or that they should make men living sweare what was the minde of the dead , concerning the five articles of pearth , the service book , the book of canons , the high commission , things of which in their lives they never heard , nor perhaps did ever imagine the introduction of them , ( they in that confession abjuring onely those romish corruptions , which in their time had infested the church , ) is such a profane and foolish interpretation , that one would wonder how any one that either hath the knowledge , or maketh conscience of an oath , can either himselfe take , or desire others to take an oath so false and foolish as this : and therefore , with more wit then honestie , where they met with no scrupulous people , they suffered them to swallow down that wicked glosse which corrupteth the verie text of the confession : but where multitudes , especially of the ministers , ( who at their admissions had sworn obedience to , and practise of these points which they call innovations , ) quarrelled at this their interpretation , they assured them , that it would breed a great division if they should desire but the least alteration of the words in which their covenant was conceived , but yet that they might verie well sweare all , with a reservation of not abjuring episcopacie , the five articles of pearth , or any thing established by acts of parliament and generall assemblie : with which protestation and reservation , and not otherwise , many , especially of the ministers , did sweare their covenant , as they themselves do well know : which was such a notable peece of jesuiticall equivocation on their parts , who exacted this oath , and contrarie to the verie letter and grammaticall sense of the oath it selfe , especially in that part of it which containeth their interpretation of the confession , as the like hath scarcely beene heard . thirdly , where was it ever heard that men , pretending for a ground of their proceedings , the president of a former confession and band annexed , did dare to adde any thing to the text of that confession and band upon which they meant to build their actions ? but these men have taken upon them , not onely without authoritie to make an interpretation of that confession , but flatly against authoritie , to adde to the verie text of the band of maintenance : for whereas the band annexed to the former confession was made in defence of us , our authoritie and person , with their fortunes , bodies and lives , in defence of the gospel of christ , and liberties of that our kingdome , &c. they have added a mutuall defence of one another ; so that the band , which was at the first made against those subjects who went about to correspond with forreiners for the subversion of our religion and kingdome , is now made against all persons whatsoever , who shall oppose them in their courses . that band which was made in defence of our person and authoritie , against all treason at home and invasion from abroad , is now principally made against us , if we shall oppose their courses ; and next , against all such of our loyall subjects as shall adhere to us in defence of our person and authoritie : for these words , against all persons whatsoever , not excepting us , shewes their bad meaning too well . now , whether our royall father in the first band , by defence of his person and authoritie , meant maintenance against us his successor , our person and authoritie ( for they urge the intention of the first confession and band as a warrant for this new one of theirs , ) or whether the words of the emperour , or any monarch , or any other law-giver , in any of their lawes or rescripts , can bee taken in any tolerable construction against the crowne and dignitie of themselves and successors ; or how these new covenanters can with the same breath blow both hot and cold , with the same hand both strike and stroake us , in one sentence swearing to defend our person and authoritie , and yet in the next swearing to defend one another against all persons whatsoever , not excepting us , if not principally intending us , we leave it to the world to consider . fourthly , what shew of defence can these men make , to save themselves from being punished with all rigour , as movers of sedition , and disturbers of the publike peace and quietnesse of the kingdom , since the act of the tenth parliament of james the sixt , act. . and the . act of the ninth parliament of queene marie , to which the act last mentioned relateth , have declared all leagues of subjects amongst themselves , without the privitie and approbation of the king , to be seditious , and the authors and abetters of them to be punished as movers of sedition ? the tenth parliament of james the sixth , act. . forasmuch as there was an act made in the regiment of mary , late queen dowager , and regent of this realme , our soveraigne lords grandmother of worthy memory , concerning leagues and bands , as being thought , against all law and obedience of subjects towards their princes ; the not observation of which act since the making , hath given occasion of many troubles which have occurred since : vvherefore our soveraigne lord , with the advice of his three estates , conveened in this present parliament , ratifieth , approveth , and for his successours perpetually confirmeth the said act of parliament , and ordaineth the same to have full effect and ●xecution in all time to come : and also of new , with the advice of his said three estates , dischargeth and annulleth all leagues and bands made between his lieges and subjects at any time by-past preceding the date hereof : and statuteth and ordaineth , that in time to come no leagues nor bands be made amongst his subjects , of any degree , upon whatsoever colour or pretence , without his highnesse or his successours privitie and consent had and obtained thereunto , under the paine of being held and executed as movers of sedition and unquietnesse , to the breach and trouble of the publick peace of the realme , and to be cited and pursued therefore with all rigour to the example of others . the ninth parliament of queen mary , act. . it is statuted and ordained by the queenes majestie , and three estates in parliament , that no manner of person or persons , of whatsoever qualitie , estate , condition , or degree , lieges of this realme , attempt to doe or raise any bands of men of warre , on horse or foot , with culverings , pistols , pikes , spears , jacks , splents , steel-bonnets , white harnis , or other warre-like munition whatsoever , for daily , weekly , or monethly wages in any time to come , without speciall licence in writing had and obtained of our soveraigne lady and her successours , under the paine of death , to be executed upon the raisers of the said bands , as also upon them that doe conveen and rise in bands . now our consent to their covenant was not onely never granted , but never so much as once asked . when they have satisfied these important questions and considerations , which are obvious to all men who are acquainted with lawes and government , then let them bethinke themselves how they will answer , not onely to all divines abroad who are not jesuited , but even to their own universities at home in that our kingdome , in the case of conscience , how any oath , much lesse such an unlawfull oath as this , can be administred to any prince his subjects , without his consent or authoritie . there are but two universities in scotland which conferre all degrees , s. andrewes and aberdene ; both these , upon the first comming abroad of this their covenant and oath , did oppose it , and severally set forth , sent abroad and dispersed in writing , those excellent and unanswerable reasons against it , which wee have seene and have , but which the covenanters did never answer . besides , the divines of aberdene set out in print their queries to the three ministers , sent thither from their table to perswade their covenant , which how poorely and pitifully they answered , and so againe , how they answered the same mens duplies , as miserably as their former queries , we leave to the judgement of schollers , to whom these three ministers weakenesse in their answers hath made them sufficiently ridiculous . there is likewise an universitie in glascow , which because it hath but one colledge , and hath not of late conferred any degree above that of master of arts , is called the colledge of glascow . they of that colledge were verie backward to come into their covenant , untill they were extremely threatned ; and when they came in , they premitted such interpretations and limitations , as were destructive of the verie foundation of it ; some of the regents never came in at all . in the colledge of edinburgh , where there are but foure regents , how two of them , for not subscribing their covenant , were expelled from their places , is notoriously knowne . now one would thinke , that in any kingdome the judgement of the learned professors in universities and colledges , in a point of conscience , should weigh downe the groundlesse opinions of their tables , consisting of noblemen , gentlemen , ministers and tradesmen . but leaving the many unanswerable reasons which may be brought against this their covenant , wee shall desire the reader to observe three things , which appeared at the verie first comming out of it : first , how in it they swelled farre above all that ever was complained of , either in their tumults or petitions : in their tumults they complained onely of the service booke ; in their petition exhibited to our councell and sent up to us , they complained of the service booke and booke of canons ; more of their grievances then , wee knew not : now in this their covenant , besides these two , they complaine of , and doe abjure , as they make their adherents beleeve , the five articles of pearth , which were established by acts , first of the generall assembly , and then of parliament ; then they complaine of the high commission , which ever since the yeare . hath beene quietly established and in practise amongst them ; then they complaine of prelats sitting in civill judicatories ; a thing which wee cannot chuse but wonder at , not only in regard of our selfe , whom by this meanes they would robbe of the benefit of the abilities of any of our subjects in our counsels and affaires of state , as if holy orders did superinduce a dissabilitie for civill wisedome and prudence ; but especially in regard of themselves , because by this strange conceit they contradict , more then they are aware of , their owne false and prodigious opinions : for what incongruitie can they finde in it , for a bishop to sit at our councell table , where many causes are heard , in which religion is concerned ; or in our session , where many church-men have trialls for their maintenance ? when they themselves hold it not onely convenient , but necessarie , and that even jure divino , that noblemen , gentlemen , merchants , taylors , sadlers , shoomakers , and others of most mechanicall trades , shall sit and give sentence in parochiall sessions and in presbyteries , in causes ecclesiasticall , and those of the highest nature , even the last and supremest censures of the church , excommunication , and depriving of ministers ; nay , that they shall give sentence in the generall assembly ( a judicatorie which now they hold to be above our session , councell , or parliament ; for they maintaine that the acts of that assembly may , in many cases , disannull and derogate from the acts of the other three ) where they doe assume to themselves to determine all questions de fide , cultu & disciplina , of faith , worship or discipline , and in which of late they did assume to themselves power to determine , and , according to their weake and poore power , did determine controversies concerning predestination , universall grace , irresistibilitie of grace , concurrence of free-will with grace , totall or finall falling from grace , and other such like intricate points , as some men would be loath to live so long untill they could make them understand them . secondly , wee desire the reader to observe with what affections this their covenant was received abroad , both by protestants and papists , at the very first publishing of it : by papists it was received with infinite joy , as hoping that now the time was come in which both wee and our successors might be brought to abhorre and detest that religion , whose professed zelots had beene the authours of such an unsufferable covenant , which could not consist with monarchie ; which appeared to us most evidently by the advertisements which then were sent up to us from some of our councell of that kingdome , that the sudden and frequent arrivall of priests and jesuites from doway and other seminaries beyond the seas , was so great , in hope of their welcome to us because of this seditious covenant , that unlesse some speedie order were taken for their present discouragement and sending backe , the evill might quickly passe remedie ; which moved us , notwithstanding these present broiles , to take present order for such proceedings against them , as they were forced to retire . with protestants abroad , it was received with most offensive scandall and infinite griefe ; which appeared unto us by advertisements from some of our publique ministers abroad , who certified us , that both the ministers and others of their consistorie at charenton , and of other reformed churches in france , as also the professors , ministers , and consistorie of geneva , and of other neighbouring reformed churches in those parts , were so scandalized with this prodigious covenant , as that they were afraid of nothing more then this , that it would bring an indeleble scandall upon the reformed churches , and alienate the mindes of all the princes of christendome from ever entertaining a good thought of their religion . of what condition then and fearfull consequence that covenant is , which bringeth griefe and offence to our friends , joy and triumph to our enemies , is evident to all eyes that are opened . thirdly , we desire the reader to consider with what furie and madnesse this covenant , after it was conceived , was obtruded to all sorts of people : with what threatnings , with what beating , tearing of the clothes , drawing of the bloud , and exposing to thousands of injuries and reproaches , at edinburgh , saint andrews , glascow , lanarick , and many places more , of those ministers , who out of religious conscience towards god , and loyall carriage towards us , did either disswade their parishioners from entring into it , or could not by their intreaties or threatnings be perswaded to enter into it themselves . no doubt it cannot be a covenant approved by god , the first bitter and accursed fruits whereof were the many drops of bloud drawne from many of gods ministers , which now no doubt doe call for gods vengeance upon the whole land . now , the fire of this seditious covenant flaming thoroughout all the corners of the kingdome , and that to such an unexpected height and violence , as it was past both the skill and power of our councell to quench it , our councell resolved to send up unto us sir john hammilton our justice clerke , one of our privie councell , and one of the lords of our session , that he might fully acquaint us with the passages of this rebellion , and the consequences of it . after our hearing of him many times , and many consultations had with such of our councell of scotland as were then here present , and such of our councell here in england as we thought fit to communicate this businesse unto , we resolved to send unto that our kingdome the marquesse of hamiltoun with the full power of an high commissioner , as in other cases our royall father and we had many times done in important businesse concerning that kingdome ; and in the meane time , we dispatched home the said sir john hamilton to give notice thereof , both that they might carrie themselves quietly untill our commissioner his comming , from whom they were to expect our pleasure , with all favour which might consist with royall authoritie , as also that they might before our commissioners going from hence , have time to make us fully acquainted with the uttermost of their grievances , that so accordingly our commissioner might receive instructions from us for giving unto them all just satisfaction . and so we , having here taken into our serious consideration all their petitions , which we might have justly rejected , because of the insolencie of their demeanour , and their tumultuous way of presenting them to our councell , yet resolved to take the mildest course we could for calming of these commotions , and therefore we settled upon a way usually practised by our royall father in that kingdome since his comming to the crowne of england , viz. to establish an high commissioner , with full power and authoritie to conclude and determine all such things as should be found for the good , quietnesse , and peace of that kingdome , with as full and ample power as other commissioners had exercised in any time of our royall father , and especially at parliaments . and considering that none , in the consultations which we held for this businesse , had ever shewed himselfe more forward and inclinable to advices and counsels of peace , nor a more zealous patriot towards his native countrey , then our right trustie and well-beloved cousin and councellour of both kingdomes , james marquesse of hamiltoun , &c. gentleman of our bedchamber , and master of our horse ; we made choice of him for our high commissioner , to that purpose , being perswaded both of his loyaltie and fidelitie towards us , as also of the great acceptation of his person with our subjects there , in regard of his birth and place , but especially of his singular care of , and love to his countrey , which they themselves did know he had so piously and affectionately expressed in all his consultations and counsels here with us : him therefore we dispatched from hence with full instructions , according to which he was to receive his commission under our great seale of that kingdome at his comming thither , which he received and presented to the lords of our councell , frequently assembled at dalkeith , the sixt of june following ; the true tenour of which commission here followeth . carolus dei gratiâ magnae britanniae , franciae , & hiberniae , rex , fideique defensor : omnibus probis hominibus suis ad quos praesentes literae pervenerint , salutem . sciatis nos considerantes magnos in hoc regno nostro scotiae non ita pridem exortos tumultus , ad quos quidem componendos , multiplices regiae nostrae voluntatis declarationes promulgavimus , quae tamen minorem spe nostrâ effectum hactenus sortitae sunt : et nunc statuentes , ex pio erga dictum antiquum regnum nostrum affectum , ut omnia gratiosè stabiliantur & instaurentur , quod ( per absentiam nostram ) non aliâ ratione commodius effici potest , quàm fideli aliquo delegato constituto , cui potestatem credere possumus tumultus ejusmodi consopiendi , aliaque officia praestandi , quae in bonum & commodum dicti antiqui regni nostri eidem delegato nostro imperare nobis videbitur : cumque satis compertum habeamus obsequium , diligentiam , & fidem praedilecti nostri consanguinei & consiliarii jacobi marchionis hamiltonii , comitis arraniae & cantabrigiae , domini aven & innerdail , &c. eundemque ad imperata nostra exequenda sufficientèr instructum esse : idcircò fecisse & constituisse , tenoreque praesentium facere & constituere praefatum praedilectum nostrum consanguineum & consiliarium jacobum marchionem de hamiltoun , &c. nostrum commissionarium ad effectum subscriptum : cum potestate dicto jacobo marchioni de hamiltoun , &c. dictum regnum nostrum adeundi , ibidemque praefatos tumultus in dicto regno componendi , aliaque officia à nobis eidem committenda in dicti regni nostri bonum & commodum ibi praestandi : eoque concilium nostrum quibus locis & temporibus ei visum fuerit convocandi , ac rationem & ordinem in praemissis exequendis servandum declarandi & praescribendi : et quaecunque alia ad commissionis hujus capita pro commissa ipsi fide exequenda , eandemque ad absolutum finem perducendam & prosequendam conferre possunt tam in concilio quàm extra concilium nostro nomine efficiendi & praestandi : idque similiter & adeò liberè acsi nos in sacrosancta nostra persona ibidem adessemus . et hac praesenti nostrâ commissione durante nostro beneplacito duratura ac semper & donec eadem per nos expressè inhibeatur . in cujus rei testimonium praesentibus magnum sigillum nostrum apponi praecepimus . apud castrum nostrum de vvindsore vigesimo die mensis maii anno domini millesimo sexcentesimo trigesimo octavo , et anno regni nostri decimo quarto . per signaturam manu s. d. n. regis suprascriptam . on which day the whole body of our councell , with all respectfull and dutifull expressions of joy and thankfulnesse of our fatherly care of that our kingdome in these difficult times , acknowledged and received our said commission and commissioner : and our said cousen and councellor , the lord marquesse of hamiltoun , did with all submissive reverence then and there accept the said commission , promising the uttermost of his endevours for settling the peace of that kingdome , so farre as might consist with our royall crowne and dignity , and the lawes and liberties of that our ancient and native kingdome , as by the act of councell dated at dalkeith the sixt of june . doth more fully appeare : after which acceptation of our commission , the said lord marquesse had by our councell , and all others , whensoever he went abroad , all respects , honour and reverence due to our commissioner , performed unto him , our chancellor carrying our great seale before him , and some other noblemen of great place and qualitie carrying our high commission before him likewise . we having now taken this course which we conceived most agreeable both to the customes of that kingdom , and most acceptable to them , in regard of the choyce of our commissioner , had then assured hopes , that the dangerous distractions of that kingdome might be happily composed : but these hopes were quickly blasted ; for no sooner had the heads of the covenant notice of these peaceable courses intended by us , but they flew out , even before our commissioners arriving there , into farre greater violence then heretofore , increased the frequent meetings of their tables , subdivided them into severall committees , increased their provision of armes , made their pulpits ring with most seditious sermons , putting the people in feare , that now there was more danger to be expected from the lord marquesse his comming home , and all peaceable treaties , then ever ; and at their tables concluded upon a paper , consisting of ten propositions or articles , which they caused immediately before our commissioners arrivall , with wonderfull expedition , to bee dispersed throughout all the shires of that kingdome : which ten articles , according to the true copie , we have caused to be here inserted . first , for observing union , it is thought fit , that no answer be made to any of the statesmen or others , having commission from the king , concerning the publike businesse , but with common consent and advice according to the articles of our covenant against divisive motions ; and if any propound motions tending to the breach of our union ; it would be told them plainely , wee will repute them as unfriends both to us and our cause . secondly , for the better method in preparing and holding of matters to be treated of , it is thought fit that there be a committee chosen , and that some of the gentrie , burrowes , and ministers be present at the meetings with the noblemen . thirdly , it is thought fit , that all who are interessed may attend punctually to dyets and meetings , with the rest of the number appointed for the good of the publike businesse ; and , lest our adversaries should ( upon the frequent attending of the prime noblemen and statesmen ) take occasion to affirme , that they have power to dispose of their friends in this cause , their attendance would be the more shunned , to shew we will depend upon no man who is of an averse judgement , or who are about a contrarie imployment in the matter of our covenant and conscience . fourthly , if there bee any new proclamation , it is thought fit that it may be obviat and reincountred with a new protestation , which would be condiscended upon , and would conteine our eight last articles ; and that our protestation may bee backed with good information and reasons , and sent with diligence to the commissioners to the severall parts of the kingdome , that they be not deceived nor surprised with proclamations or suggestions , and that the copie of the protestation may be given to the commissioners of shires and burghes , to meet the proclamation in all points needfull . fifthly , if the discharge of the book of service , and canons , and limitation of the high commission be granted ; and that upon the statesmen and commissioners offer , the king will grant all we can crave which is not repugnant to law , and alleadge that episcopall power and articles of pearths assemblie are established by law ; it is answered that the abuses of episcopall government are contrarie to law , and censurable by law , and the articles of pearth should bee rightly interpreted , and our desires for the free and yearely exercise of generall assemblies , free admission of ministers without unlawfull oaths , and rectifying of the articles of pearths assemblie , and that the prelates boundlesse usurped power , limited according to the caveats of their admission , are all agreeable to law for the reasons conteined in the articles : and if the bishops , statesmen , and others be of a different judgement from the most part of the church and kingdome , the generall assemblie and parliament ( who were the law-makers , ) are onely competent judges for interpreting their owne acts , whose direction we crave : and although the law were interpreted as they alleadge , which is altogether untrue , and contrarie to the grounds and meaning of the law , yet the bodie of the kingdome , for whose good the law was made , may crave the lawfull redresse of the grievances sustained by that law , and our complaints , supplications , and protestations against the bishops , depending in processe for clearing the subjects loyaltie , and repairing the wrong complained of , cannot bee otherwise lawfully decided , cannot remedie the present evils , nor prevent the like or worse evils in time comming . sixthly , it is thought fit , that all who have subscribed the covenant , be made sensible that they are obliged by their oath , not to rest satisfied with lesse then the desire of our articles , which are agreeable to law , conscience , and reason , and without which we will be frustrated of our ends , our adversaries in time will obtaine the establishment of the evils we complaine of . seventhly , it is thought fit , that the number of the commissioners be doubled , against the statesmen and marquesse down comming , and that all be warned to be readie upon advertisement . eighthly , that the report of the subscriptions of the covenant may bee sent to edinburgh from all severall parts of the kingdome . ninthly , that things recommended to our former committee be adverted to , with the best diligence that can be . tenthly , it is thought expedient that all the time of the generall meeting there be a fast. our commissioner upon his way to that kingdom , did meet with advertisements of these strange fears , which the ringleaders of the covenant ( who were affraid of nothing more then that our subjects should receive satisfactiō from us by our commissioner ) had possessed our people with , & the bad entertainment he was like to receive at his comming thither , acquainted us therewith , but went forward on his journy until he came to barwick , from whence he sent to his especiall friends and kindred , and to all such gentlemen of his owne name , and others , as were his vassals and tenants , and hold their lands from him by service and attendance on him when he shall require it , hee received answer that all these obligations were quite discharged by the covenanters table at edinburgh , who had absolutely commanded that none , who had subscribed their covenant , should go to meet , or give any personall attendance upon our commissioner , untill such time as they should have leave from their table so to do ; and so our commissioner went from barwick unattended by these noblemen , or by any other of his owne kindred or vassals , unlesse such as had not subscribed their covenant , ( except some few , whose affection exceeded the command of the tables ) ; an affront before that time never offered to any person of his qualitie in that kingdome : yet hee was verie nobly and honourably received , and conducted to dalkeith by all our councell , most of the lords of the session , who are the judges of the law , great troups of the nobilitie and gentrie , who had not subscribed their covenant . now , the reasons why their table had laid this strict charge , of not conducting our commissioner , upon all their adherents , were these two , as appeared plainely by the speeches uttered by many of the covenanters themselves : first , that they might not seeme to shew the least respect to any , especially to those of greater rank , who were disaffected to their covenant , as was ordered in the third article of their ten last mentioned : secondly , that they might make triall of their power with their owne partie , the heads of the covenant being perswaded , that if they could prevaile with their associates for breaking through the bonds of nature , bloud , consanguinitie , civilitie , vassalledge and dependance , in pursuance of their orders , they should not much need to feare that any other obligations could be able to divert them from obedience to their dictats . our commissioner , immediately upon his comming to dalkeith , ( where the councell assembled for safetie , because the combustions at edinburgh increased daily ) met with many discouragements and difficulties . first , we had sent some small proportion of armes , and powder to be put into our castle of edinburgh , justly doubting the surprisall of it by the covenanters , who were there assembled in great multitudes , and had of late made great provision of armes there . no sooner had the ship ( in which these armes with other goods were ) cast anchor in leith rode , but the covenanters sent for the merchant owner of the goods , commanding him to bring the ship into the harbour , and discharging him from unloading any thing in the ship , especially armes , untill hee had leave from them , as hee would answer the contrarie at his perill ; of which our lord treasurer being advertised , provided that night a boat which landed the armes and powder , and carts which presently carried them to our palace at dalkeith , some foure miles distant : how for this the merchant was used by them , and how they did threaten to come by force and carrie away that provision out of our own house of dalkeith , is notoriously known . much about this time our commissioner came to dalkeith , where he was received for his first welcome with the certaine newes of the increase of the peoples rage in edinburgh , of the covenanters resolution first to take the castle , but ( upon better advice ) of their deserting that purpose , yet falling upon that which was bad enough ; for they had begirt the castle with strong guards , so that no person nor provision could passe to or from it , but by their permission : besides , they had entred into consultation , whether they should by force take out of our palace of dalkeith that small provision of armes and powder which was lately carried thither : which counsell they were perswaded by some not to follow , because of the residence of our commissioner there at that time ; but one thing they resolved upon , that during the abode of our commissioner and councell there , though but foure miles distant from edinburgh , they would take no notice of them , send no petition to them : and howsoever they allowed some of our commissioners particular kinsmen and acquaintance to go thither and visit him , yet they would not depute any to speak with him of the businesse for which hee was sent , or of their complaints and grievances , but resolved not to leave edinburgh , where they were well enough , so that if hee had any thing to deliver to them , hee might come thither , for to him and our councell they would not come : and that they might have some colourable pretence with the people for this their insolent behaviour and resolution , it was cast out and rumoured abroad , that if they went to dalkeith , there was an intention to blow them up with gun-powder ; not that the authors of that foule and divelish aspersion entertained the least thought of any such feare , but that they might both have a colour for their unmannerly not addressing themselves thither , as also beget in the minds of their ignorant followers a higher indignation against , and jealousie of our commissioner and councell for such a wicked and treacherous plot . now , at this verie time when they made all this stirre about that small provision of armes for our castle , which exceeded not two hundred muskets , and so many pikes , with some small quantitie of powder , the covenanters had two good ships come home loaded with armes and amunition , which they landed openly and avowedly . all these difficulties and new troubles , augmented daily of purpose since their notice of our commissioners journey , put him and our councell to such a stand , as they knew not well what resolution to take . the covenanters force and rage increased , which they had not power in any proportion to discharge ; they could not discover in them the least inclination to peace ; they found they would not so much as addresse themselves towards them , and they did not hold it agreeable with our honour , or the dignitie of those places which they held under us , nor yet for their safetie , to go to them ; at last this meanes was thought on , no doubt by the advice of those of their table , who scorned to seeme to yeeld or petition for any such thing themselves . the citizens of edinburgh sent certain commissioners to our high commissioner with a supplicatiō ▪ that he would bee pleased to repaire to our palace at haly-rud-house , where they might more conveniently give demonstration of their affection to his majesties service , in attending his graces directions . our commissioner after he had acquainted and advised our councell with this their supplication , by their advice , as willing to take any occasion to enter into the businesse for which wee sent him , returned this answer to the commissioners of edinburgh , that if they would undertake to be masters and governours of their owne citie , that their citizens would behave themselves as good and dutifull subjects , and take order that the multitudes , now present in their citie , who called themselves covenanters , should do so too , and that the guards about our castle of edinburgh should be dismissed and discharged , he would within a day or two repaire to our palace at haly-rud-house , otherwise not : for that hee did hold it not agreeable to our honour , that he our commissioner and councell should reside at our said palace , which is scituated at the one end of the citie , when our castle seated at the other end of the same should be blocked up with guards : all which , these commissioners undertooke to performe , and by their words desired to approve themselves most loyall subjects , hoping to cleare themselves from many aspersions laid upon them , when his grace would be pleased to heare and examine their proceedings . hereupon our high commissioner , according to his promise , did remove himselfe from dalkeith to our palace at haly-rud-house , attended by all our councell , such of our nobilitie , gentrie , and others , as were affected to our service , which consisted of a great number : some two or three miles from edinburgh he was met with the whole bodie of the nobilitie and gentrie of covenanters , then resident at edinburgh , who were all mounted on horse-back , and consisted of divers thousands ; and besides , in a nearer distance from edinburgh , by the ministers then resident there , who were all on foot , and consisted of manie hundreds ; and so all the way to our palace was filled with swarmes of people of all sorts and sexes , many of whose exclamations and outcries were very sharpe and bitter , stuffed with cursings of poperie and bishops ; by which it was apparent that the multitude had been made beleeve that these two were one and the same thing . our commissioner when he first met on the way the lords who call themselves covenanters , was entreated by them to heare a speech delivered , as he should passe along , by a minister in the name of the rest : but he , remembring the advertisements which he had received of their most seditious sermons , and knowing by the same advertisements that he who was to deliver this speech was a deprived minister , and one of the most seditious in the whole packe , returned answer to the lords that he would not heare it , justly doubting that it might be stuffed as full of passages against our authoritie as their sermons used to be ; and so that speech was omitted : now , whether these great troups of covenanters , both of horse and foot , in a great bodie by themselves , which did not joine at the first with that companie which attended our commissioner from dalkeith , but stayed for him on the way in a farre grosser bodie by themselves , was assembled to doe honour to our commissioner , or for shewing their owne power and strength , by way of comparison with the companie whom they met , which they farre exceeded , wee will not determine . but thus our commissioner was conducted to our palace of holy-rood-house , where he was received by the lord provost , bailiffes , magistrates and citizens of edinburgh with outward demonstrations of being welcome . and this was all the entertainment which at any time he had from the body of the covenanters , during the time of his abode in that kingdome ; which whether it were hearty and sincere , or but onely in show , and to shew their owne power , wee leave it to be judged by the entertainment and respect which afterward he received from them ; which will be found to bee just none at all : for during the time of his continuance amongst them , though he found that they gave civill respects to him as marquesse of hamiltoun , yet his being cloathed with our authoritie and commission did much diminish them , as shall appeare now in the next place , by those perpetuall affronts which they ceased not to offer daily to him and our councell , in all their proceedings concerning the businesse for which he was sent . our commissioner now being settled at our palace , with the assistance of our councell , hee fell presently upon the maine businesse with the covenanters , whom hee desired to dismisse their great multitudes ; which they did , being indeed necessitated thereunto for the ease of their great charge . the two maine propositions which hee offered to their consideration , were these : first , what they should expect from him in our name for satisfaction to their complaints , and accommodating their grievances : next , what might be expected from them for returning to their former obedience , especially in renouncing and delivering up their late covenant . both which propositions they did receive with so much sleighting and contempt , as that they avowed , no satisfaction from us should be accepted which contained any particulars ; but that they expected , first , a generall assembly of the church , and then a parliament , that in these two judicatories they would represent and discusse their grievances : and no wonder , for in both these they knew that themselves were to be both judges and parties . for the second , they answered , that they could not returne to their former obedience , from which they would never acknowledge that they had departed in the least degree , having done no act but that which became good and dutifull subjects : and for their covenant , that they would rather renounce their baptisme then renounce it , or abate one word or syllable of the literall rigour of it ; it being more availeable and usefull unto them , then all the lawes and acts of parliament which had beene enacted in that kingdome since the time of fergus the first king thereof : and that it was a proposition which though they had now heard , they were resolved never to heare a second time : and accordingly , after our propositions thus made and rejected , they presently filled the people with such misreports of the intentions and ends of our commissioners comming , as they wrought them to a greater height of furie then before , as if now their religion and lawes were brought to the stake : for now new guards were clapt upon our castle of edinburgh , the guards and watches of the citie multiplied , the preachers prayers and sermons grew to be so many libells , and admonitions that they should take heed of craftie compositions , or yeelding in the least point of their intended reformation ; for if they should abate in any one thing , it would be thought that they might be mistaken in all . they presently printed their weake reasons against their rendring up of their covenant , nay , they grew to that rage , that on the saturday having knowledge that our commissioner ( attended with our councell ) was to heare divine service and sermon in our owne chappell at our owne palace the day following being sunday , they sent him word that whosoever should read the english service in our chappell should never read more , and that there were a thousand men provided for the disturbance of it ; which forced our commissioner that night to repaire to dalkeith , being unwilling to heare sermon but in our owne chappell , or there , without hearing the english divine service , it having beene continually read there by the space of twentie yeares , in the audience of our councell , manie of the nobilitie , judges , and persons of all qualitie , without any interruption or dislike : nay more , they grew to that boldnesse as to write letters to everie one of our councell , requiring them to subscribe their covenant ; which letter sent to everie one of them severally , but in the same words , here followeth . may it please your lordship , wee the ministers of the gospel , conveened at this so necessarie a time , doe finde our selves bound to represent , as unto all , so in speciall unto your lordship , what comfortable experience we have of the wonderfull favour of god , upon the renewing of the confession of faith and covenant , what peace and comfort hath filled the hearts of all gods people , what resolutions and beginnings of reformation of manners are sensibly perceived in all parts of the kingdome , above any measure that ever we did finde or could have expected , how great glorie the lord hath received thereby , and what confidence we have ( if this sunshine be not eclipsed by some sinfull division or defection ) that god shall make this a blessed kingdome , to the contentment of the kings majestie , and joy of all his good subjects , according as god hath promised in his good word , and performed to his people in former times ; and therefore we are forced from our hearts both to wish and entreat your lordship to be partaker and promover of this joy and happinesse by your subscription , when your lordship shall thinke it convenient : and in the meane while , that your lordship would not be sparing to give a free testimonie to the truth , as a timely and necessarie expression of your tender affection to the cause of christ now calling for helpe at your hands ▪ your lordships profession of the true religion as it was reformed in this land , the nationall oath of this kingdome sundry times sworne and subscribed , ablishing us who live at this time , the dutie of a good patriot , the office and trust of a privie councellour , the present employment to have place amongst those that are first acquainted with his majesties pleasure , the consideration that there is the time of tryall of your lordships affection to religion , the respect which your lordship hath unto your fame both now and hereafter , when things shall be recorded to posteritie , and the remembrance , that not onely the eyes of men and angels are upon your lordships carriage , but also that the lord jesus is a secret witnesse now to observe , and shall be an open judge hereafter to reward and confesse everie man before his father , that confesseth him before men : all of these and each of them , besides your lordships personall and particular obligations to god , doe call for no lesse at your lordships hands , in the cause of so great and singular necessitie ; and we also doe expect so much at this time , according as your lordship at the houre of death would be free of the terrour of god , and be refreshed with the comfortable remembrance of a word spoken in season for christ jesus , king of kings and lord of lords . our commissioner in the meane time resolved to publish our gracious declaration , for relieving of their grievances , and satisfying our people in our forwardnesse for the maintenance of the religion professed in that kingdome , and our aversnesse from poperie , which they of the covenanters table having notice of , being above all things afraid that our people should receive any satisfaction from us , or rest contented with the grace of our reasonable proffers of favour , did mightily repine at , came to our commissioner , and wished him for our honour , his owne safetie , and peace of the publike , not to make any such declaration , which undoubtedly would be encountred with a protestation , and that in such manner as would be displeasing to him , and make the publishing of that declaration be found disserviceable unto us. our commissioner being perplexed with these unexpected and dangerous difficulties , resolved by faire proceedings to gaine so much time , untill he might make us acquainted with them , and receive our answer and instructions concerning them : in his letters of advice he acquainted us with the danger threatned if he should publish our declaration , which though he knew to be full of grace , yet the heads of the covenant would never suffer the multitude of their members to understand it so : two things he desired of us ; one , that in case wee continued in our resolution of publishing our declaration , wee would be pleased to sweeten it with this further favour , as to restore to the citie of edinburgh the sitting of our councell , our session , and all other courts of justice , which he conceived would be very acceptable to our councellors , judges , to all advocates , and all dependents upon the law , to all our subjects which had businesse depending in any of these courts , but most of all to the citie of edinburgh , which complained much of their being impoverished by absence of these courts , and that this was like to prove a most probable perswasion for reclaiming them to their former obedience : next , that we would be pleased to give him leave to take a journy unto us , though he should returne presently , that he might acquaint us with the new emergencies of businesses , and such other things as could not be conveniently expressed in letters , and so accordingly receive instructions from us for his carriage . to which letters of advice wee did returne by a speedie dispatch this answer ; that we would have our declaration no longer delayed , but commanded him presently to publish it , because wee would not ( whatsoever the event should be ) have our people barred the knowledge of our gracious intentions and favours towards them , which we did see the leaders of them studied nothing more then to suppresse ; and that at his intreatie , wee were contented that all the courts of justice should presently begin to sit againe at edinburgh for the reasons contained in his letters , and in hope of reclaiming of that citie , which otherwise by their misdemeanour had no reason to expect any such favour from us ; and withall , after the dispatch of these two , that wee were contented hee should repaire to us , as hee desired , whensoever hee should finde it convenient , taking first order with our councell for keeping all things in order untill his returne . this answer of ours so soone as our commissioner received , he assembled our councell , and made them acquainted with it , who were so well satisfied with the bringing back of our courts of justice to edinburgh , that presently they sent unto us a letter of thanks of this tenour . most sacred soveraigne , the marquesse of hamiltoun , your majesties commissioner , having imparted unto us your majesties gracious pleasure and allowance that the judicatories of the councell , of session , and others , should be returned to the citie of edinburgh ; thereupon , the lord commissioner being present , order was given for publication at the market crosse of edinburgh with all solemnities requisite ; and that the like publication should be made throughout the whole kingdome at all publike places : this hath given so great contentment to all your majesties subjects , that we cannot expresse with what dutifull respect and heartie prayers for your majestie they have embraced this great and undeserved favour : in consideration whereof wee conceive our selves bound in dutie to acquaint your majestie herewith ; and withall to render to your majestie most humble and heartie thanks for this so great grace and goodnesse , which wee hope shall contribute to the good of your majesties service , and to establishing the peace of the countrie , for the which we all ▪ your majesties good subjects shall ever bee most thankfull , and all in dutie bound to pray for your majesties long and happie reigne . holy-rood-house july . . subscribitur traquaire roxbrugh mar morton winton lithgow wigtonne kingorne hadinton lauderdaile kinoul southesk lorne naper dalyell ihay ja : carmithaell thomas hop john hammilton and accordingly our commissioner caused proclamation to be made at the crosse of edinburgh , for the first sitting downe of the session there , the tuesday following , being the third of july . which was received with such joy by the judges , advocates , and all others having relation to the colledge of justice , but above all by the magistrates and citizens of edinburgh , that our commissioner and councell did then well hope all mens minds had beene well prepared to receive the declaration of our grace and favour which was to bee published in the next proclamation , with an humble and thankfull acknowledgment ; which undoubtedly they had done , if they had not beene not onely diverted , but perverted by those men who interpreted every satisfaction of our subjects received from us , to be a dividing and pulling them away from themselves : and therefore they quickly cast about to finde out some meanes , how this our speciall favour might not be resented by them , which was this : they assured their followers that there were two of the lords of our session , viz. sir robert spotswood president of the same , and sir john hay our clerk of register ( answerable to the master of the rolles here in england ) sworne enemies to their covenant , well affected to episcopall government , procurers and abettors of the pretended innovations , that unlesse these two were presently removed from our session , there could be no good intended to them by the bringing of it back to edinburgh , and therefore advised them to send some of their number to our commissioner to desire that these two our judges might presently bee removed from that court ; not that they who put this in their heads , thought that our commissioner could yeeld to a request of so high injustice , but because they knew , that hee neither could nor would yeeld unto it , and that therefore by his deniall they should have meanes to irritate our people , even to a disgust of that our gracious favour , which the day before they had so well relished . but yet according to their resolution , some of the principall covenanters of all sorts sent from their table , had the boldnesse to repaire to our commissioner , and to demand of him that which they were sure no just nor honest man could grant , viz. that they could clearely prove briberie and corruptions frequently to have beene used by these our two judges , and therefore intreated him to remove them presently from their places of judicatorie , after which they would intend processe , and so legally proceed in the probation of these crimes objected against them : to which their demand our commissioner returned this just and modest answer , that sure they could not expect that he either could or should condescend to this their desire , which yeelded unto , did overthrow the verie foundation and maine rule of justice , viz. that any man should be punished for any crime before he were legally convicted of it , and therefore he advised them to follow the constant course of justice , which was this ; if they thought these judges clearely convincible of these horrible crimes , they should intend first processe against them , and then probation of the crimes ; of which if they were found guiltie , then they needed not doubt but they should be removed from their places , and receive such further condigne punishment as the lawes of the kingdome had provided for such notorious criminals ; assuring them , that we his master would bee so farre from hindring the course of justice against any such offenders , as that wee would hold it a speciall service done to us , to bring the iniquitie of our judges to publike triall and censure , and that he would make us acquainted with their demands : with which just answer they were resolved to be so unsatisfied , that they replied unto him , that this his deniall would be attended with a great inconvenience to all our subjects , for they would in that case of deniall make and publish a protestation , that whatsoever act , decree , or order , the lords of our session should make in any cause at which these two judges , or either of them , were present and gave voice , should be null and void in law ; and that none of our subjects either should bee bound or would yeeld obedience to them : ( was not this a strange usurpation upon regall power ? ) to this our commissioner only added , that everie such protestation must be made before the lords of the session , who had the power of admitting or repelling it , and therefore for that point hee remitted them to these lords as the competent judges of it ; which answer of our commissioner they presently laboured to have misconstrued by their partie , telling them that there was no hope of any justice to be had against any man who was an enemie to them and their covenant . at the day appointed by the proclamation , the session sate down , and our commissioner in his owne person went to the place , and opened it , with a short speech to the judges , to this purpose . that hee was warranted from us to recall the session againe to edinburgh ; that the chiefe thing that had moved us thereunto , was the sense of the many incommodities which our subjects in generall , and the judges in particular did sustaine by the removing of it ; that we had required him to desire and command the judges to grant all reasonable dispatch to our subjects in the administration of justice , that so some time which was lost might be regained ; that in our name he required them to be very carefull and circumspect , that in these troublesome times no order nor decree might passe from them , which might be prejudiciall to our crown or service . our judges hereupon returned to our commissioner their humble and heartie expressions of all thankfull acknowledgment , for this our singular favour and grace to themselves and all our subjects , and with great submission intreated him to returne unto us their humble and heartie acknowledgment . and here now we desire the reader to observe , that the covenanters neither made any such protestation against the sitting of the two judges , as they talked of , nor did ever intend any processe or probation against them for the crimes objected , though our commissioner immediately after his returne from us , assured them , that we not onely had given them leave , but would thanke them for so doing ; which we are confident they would have done if they had conceived these judges guiltie , and giveth to us good assurance that this calumnie against these judges , was onely cast in by some of their ring-leaders , to marre and interrupt that resentment of our grace and favour , which they perceived wrought verie much upon many of our subjects of their partie , for bringing backe again our courts of justice to our citie of edinburgh . the session thus setled , our commissioner resolved to publish by proclamation the declaration of our grace and favour : the principall covenanters , when they could not disswade him from it , presently went about , and both by themselves and their seditious preachers , filled their followers mindes with such fearefull expectations of it , that some dayes before it was published ▪ they filled the streets with multitudes of people , especially neare the crosse where it was to be proclaimed , and those in hostile equipage divided into rankes , pulling their swords out of their belts , and with pistolls , being armes prohibited by our lawes of that kingdome , giving out , that if this our declaration were hearkened unto , it would bring undoubted ruine to their religion , lawes and liberties , though the people knew nothing of what was to be delivered in our declaration : some daies they continued in this posture , which made our commissioner delay the publishing of it , untill he might heare of more quietnesse and peace in the streets ; of which being advertised , he caused the proclamation of our grace and favour solemnely to be made at the crosse of edinburgh : no sooner were the trumpets sounded , but there came to the crosse a mightie confluxe of people , the covenanters had presently a scaffold erected , on which they mounted with a protestation readie written in their hands , before our proclamation was pronounced : our proclamation was thus . charles by the grace of god , king of scotland , england , france and ireland , defender of the faith. to our lovits heraulds messengers , our sheriffes in that part , conjunctly and severally specially constitute greeting . forsameikle as we are not ignorant of the great disorders , which have happened of late within this our ancient kingdome of scotland , occasioned , as is pretended , upon the introduction of the service book , book of canons , and high commission , thereby fearing innovation of religion and laws . for satisfaction of which fears , we well hoped , that the two proclamations of the eleventh of december , and nineteenth of february , had been abundantly sufficient : neverthelesse , finding that disorders have daily so increased , that a powerfull rather then perswasive way , might have been justly expected from us ; yet we out of our innative indulgence to our people , grieving to see them run themselves so headlong into ruine , are graciously pleased to try , if by a faire way we can reclaime them from their faults , rather then to let them perish in the same . and therefore once for all we have thought fit to declare , and hereby to assure all our good people , that we neither were , are , nor by the grace of god ever shall bee stained with popish superstition : but by the contrary , are resolved to maintain the true protestant christian religion already profest within this our ancient kingdome . and for farther clearing of scruples , we do hereby assure all men , that we will neither now nor hereafter presse the practice of the foresaid canons and service book , nor any thing of that nature , but in such a faire and legall way , as shall satisfie all our loving subjects , that we neither intend innovation in religion or lawes . and to this effect have given order to discharge all acts of councel made thereanent . and for the high commission , we shall so rectifie it with the help of advice of our privie councel , that it shall never impugne the lawes , nor bee a just grievance to our loyall subjects . and what is farder fitting to be agitate in generall assemblies and parliament , for the good and peace of the kirk , and peaceable government of the same , in establishing of the religion presently profest , shall likewise be taken into our royall consideration , in a free assembly and parliament , which shall be indicted and called with our best conveniencie . and we hereby take god to witnesse , that our true meaning and intention is , not to admit of any innovations either in religion or laws , but carefully to maintain the purity of religion already profest and established , and no wayes to suffer our lawes to be infringed . and although we cannot be ignorant , that there may be some dis-affected persons who will strive to possesse the hearts of our good subjects , that this our gracious declaration is not to be regarded ; yet we do expect that the behaviour of all our good and loyall subjects will be such , as may give testimonie of their obedience , and how sensible they are of our grace and favour , that thus passeth over their misdemeanours , and by their future carriage make appeare , that it was only feare of innovation , that hath caused the disorders which have happened of late within this our ancient kingdome . and are confident , that they will not suffer themselves to be seduced and mis-led , to misconstrue us or our actions , but rest heartily satisfied with our pious and reall intentions , for maintenance of the true religion and lawes of this kingdome . wherefore we require and heartily wish all our good people carefully to advert to these dangerous suggestions , and not to permit themselves , blindely under pretext of religion , to be led in disobedience , and draw on infinitely , to our grief , their own ruine , which we have , and still shall strive to save them from , so long as we see not royall authoritie shaken off . and most unwillingly shall make use of that power which god hath endued us with , for reclaiming of disobedient people . our will is herefore , and wee charge you straightly and command , that incontinent these our letters seene , you passe to the market crosse of our burgh of edinburgh , and all other places needfull , and there by open proclamation make publication hereof to all and sundry our good subjects , where through none pretend ignorance of the same . the which to do , we commit to you conjunctly and severally our full power , by these our letters , delivering the same by you duely execute and indorsed againe to the bearer . given at our court of greenwich the twenty eight day of june , and of our reigne the thirteenth yeer . . per regem . no sooner was it ended , but this their ensuing protestation against it begun , and was publickly read ; which here , according to their printed copie , we have caused to be reprinted . the protestation of the noblemen , barons , gentlemen , burrows , ministers and commons , &c. wee noblemen , barons , gentlemen , burgesses , ministers , and commons , that whereas wee the kings majesties true and loyall subjects , who have ever esteemed it our greatest happinesse to live under a religious and righteous king , and our greatest glory to testifie our best affections to our gracious soveraign , have beene in his majesties absence from this his native kingdome heavily pressed for a long time past , and especially of late , with diverse innovations , which both in themselves , and in the way wherein they have beene urged , doe manifestly tend to the prejudice of the kings honour , and of our religion , laws and liberties , and by which we were brought to such extremitie , that there was no way left betwixt the rock of excommunication , and the high paine of rebellion on the one part , and the desperate danger of forsaking the way of true religion and the breach of our covenant with god on the other , but to represent our case , and present our supplications to the lords of secret councell , that being equally pondered by them , they might either be answered by themselves , or by their recommendation might ascend to his majesties owne consideration : and therefore in all humble manner we did to this effect supplicate their lordsh : we were most willing ( for the modest following of our supplications ) to obey their direction in choosing commissioners for the great number of supplicants , who flocked together from all quarters of the kingdome ; were carefull to order our selves in all christian and quiet carriage , and against the tediousnesse of many and long delaies did wait for a long time with very great patience , till at last they were pleased to receive our supplications , complaints and bills : and conceiving them to containe weightier matters then could by themselves bee determined , they did promise and undertake to represent and recommend the same , according to their more then ordinary importance , unto his majesties royall consideration , and to report his majesties answer . while his majesties good subjects of all ranks , throughout the whole kingdome , had their minds wakened , and their hearts filled with the expectation of a gracious and satisfactorie answer , worthy of his majesties pious and equitable disposition , in the month of february last , incontinent a rumour flyeth through the countrie , and filleth all eares , that the lords of his majesties secret councell were commanded to make such a proclamation concerning the service booke , booke of canons , and the peaceable meetings of his majesties good subjects in time comming , as we were perswaded to have beene procured by the secret working , and malignant mis-information of our adversaries , seeking for their owne private ends , without respect to his majesties honour , and welfare of this kirk and kingdome , to stop the course of our legall proceedings , and to escape their owne due censure : and therefore intending to make known to the lords of secret councell what was noised concerning the proclamation ; how far the whole kingdome had been by some sinistrous mis-information frustrate of their hopes , and their constant desire to have some course taken by their lordsh : advice ; how his majestie being further informed , might deliver his good subjects from so great grievances and feares , and establish a sure peace in this countrie for time to come ; we found our selves tyed by order of law to decline those against whom we had made our complaint , unlesse we would admit our parties to be our judges : and in case our declinator should not be accepted , we behoved to protest , that we might have immediate recourse to the king himselfe , &c. thereafter in the moneth of march , finding that by the foresaid proclamation the innovations supplicated against were approven , our lawfull proceedings condemned , our most necessary meetings prohibited , there being no other way left unto us , wee were necessitate to renew the nationall covenant of this kirk and kingdome , thereby to reconcile us to god , provoked to wrath against us , by the breach of his covenant within this land , to cleare our soveraigns mind from all jealousies and suspicions , arising from our adversaries mis-information of our intentions and carriage ; and so to make way for his acceptance of our humble supplications , and grant of their lawfull remedies , to guard this land in defence of religion , authoritie and liberty against inward divisions , and externall violences . and that our actions might be answerable to our holy profession , we afterward drew up an humble supplication , containing our grievances , and desires of the ordinary remedies thereof , to have beene delivered to the king himselfe : in the meane time wee were directed by those , who were intrusted by his majesty , to attend his declaration here in scotland , which would free us of all feares of innovations of religion , and prove satisfactorie : and lest for want of true information of our just grievances and desires it should fall out otherwise , wee expressed to them , with the greatest modestie wee could , our desires in some few articles , and with great patience have attended his majesties pleasure thereanent : and all this moneth by-gone being frequently conveened to heare the same delivered by his majesties commissioner the right noble and potent lord james marquesse of hamiltoun , &c. we presented a new petition to his grace as his majesties commissioner , craving most humbly the indiction of a free assembly and parliament , as the onely remedies thereof : like as finding a mis-information , or mistake of our covenant with god , as if it had beene an unlawfull combination to bee the maine hinderance of obtaining our desires , in a new supplication ; wee have fully removed that impediment , renewed our desires of those supreme judicatories , to bee indicted with diligence , for settling of the kirke and kingdome : but being answered only with delayes after these nine moneths attendance , and with this proclamation that conteined his majesties gracious declaration of his pious intentions , not to admit of any innovations in religion or law , nor any staine of popish superstition , but on the contrary to be resolved to maintaine the true christian religion professed in this kingdome ; which we were ever so far from calling in question , as in our supplicatications , complaints , and bills we used the same as one cause of our desires , one ground of our confidence of a gracious answer , and argument of our adversaries malignant mis-information of so religious a king ▪ and now most humbly ( with bended knees and bowed hearts ) thanke our gracious soveraigne for the same , wishing and praying the lord of heaven , truly and fully to informe his majestie how far these bookes , judicatories , and all our other evils and grievances are full of idolatrous superstitions , and popish errours , how destructive of the reformation of religion in this land , and of the lawes and liberties of this church and kingdome , and so directly contrary to this his majesties pious intention and declaration . yet seeing that no proclamation could sufficiently remove the present evils , nor settle our feares , nor secure us from the re-entrie of any evill or innovation , which it seemed to discharge or prevent the like in time comming , nor satisfie our humble supplications , craving the present indiction of a free assembly and parliament , as the only remedies of our evils , and meanes to prevent the like : and seeing this proclamation doth not so much as make mention , or acknowledge any of our supplications , complaints and grievances , or any just cause thereof , except under the name of great increase of disorders , faults , and mis-demeanours , but only our feares of some future innovation of religion or lawes , occasioned onely ( as is pretended ) by the introduction of the service booke , booke of canons , and high commission ; which feares his majestie hoped to have beene abundantly and sufficiently satisfied by his two former proclamations of the ninth of december , and ninteenth of february . and by this his present declaration , except his subjects bee blindly ( under pretext of religion ) led unto disobedience , doth mis-ken , passe over , and so in effect denie all our supplications , bills , articles , and desires , especially our complaints against the prelats our parties . and , that once for all , in a faire and perswasive way , even after the resaite of our last supplication , clearing us from the calumnie of unlawfull combination ; doth not disallow nor discharge any of the innovations , and evils complained upon , but only assureth that his majestie will not presse their practice , but in such a faire and legall way , as shall satisfie his subjects of his intention ; which ( joyned with the other clause , allowing and confirming the proclamation the nineteenth of february ) evidenceth the liberty left to any prelate or persons to practise the same , and by all other faire waies to perswade others thereunto ; and his majesties resolution to presse their practice in a faire and legall way : and also confirmeth the former declaration , that the service booke is a ready meane to maintaine the true religion already professed , and to beat out all superstition , and no waies to be contrary to the lawes of this kingdome , but to be compiled and approved for the universall use and edification of all his majesties subjects ; doth not abolish , but promiseth to rectifie the high commission , with advice of his privie councell , implying the kings power , with consent of the councell , to establish this or any judicatory within this kingdome , without consent of the three estates conveened in parliament , contrary to the fundamentall and expresse lawes thereof ; and by consequent with the like reason , to establish lawes and service bookes , without consent of the assembly and parliament ; which is contrary to the maine ground of all our supplications , against the manner of their introduction ; doth only promise to take into his consideration in an assembly and parliament , which shall bee called at his best convenience , while as the evident and urgent necessity , for settling the combustions , threatning the totall dissolution and desolation of this church and state , excuseth our uncessant and importune calling for these present remedies ; doth insinuate the continuance and execution of any pretended lawes for these innovations of worship , and corruptions of church government , and civill places of church-men , which by our covenant , wee have obliged our selves to forbeare , and the re-establishment of these evils in an assembly and parliament , which hee will call in his best convenience , to wit , for that and this other end of satisfying his subjects judgements anent the service booke and book of canons ; doth condemne all our former proceedings , even our supplicating , complaining , protesting , subscribing of our covenant together , and our continuall meetings , as great disorders , increase of disorders , deserving justly a powerfull rather then a perswasive way , a running headlong into ruine , a perishing in our faults , a blind disobedience under pretext of religion , and doth threaten & denounce , now once for all , if we be not heartily satisfied , and give testimony of our obedience after this declaration , but continue , as by our former proceedings , to draw on our owne ruine , that , albeit unwillingly , he must make use of that power which god hath indued him with , for reclaiming of so disobedient people . therefore we , in our own name , and in name of all who will adhere to the confession of faith , and reformation of religion within this land , are forced and compelled , out of our bound duty to god , our king , native country , our selves and our posterity . ( lest our silence should be prejudiciall to so important a cause , as concernes gods glory and worship , our religion and salvation , the lawes and liberties of this church and kingdome , or derogatory to our former supplications , complaints , protestations , articles and proceedings , or unanswerable to the solemne oath of our nation covenant with god ) to declare before god and man , and to protest , primo , that we doe , and will constantly adhere , according to our vocation and power , to the said reformation , in doctrine , use of sacraments , and discipline ; and that notwithstanding of any innovations introduced therein , either of old or of late . secundo , we potest , that we adhere to the grievances , supplications , and protestations given in at assemblies and parliaments , and to our late supplications , complaints , protestations , and other lawfull proceedings against the same , and particularly against the service book , and booke of canons , as maine innovations of religion and lawes , and full of popish superstition , and so directly contrary to the kings declaration , and against the high commission , as a judicatory established contrary to the lawes and liberties of this church and kingdome , and destructive of other lawfull judicatories , which both in respect of the nature of it , and manner of introduction , without consent of the three estates of parliament , cannot be any wayes rectified , but absolutely discharged : tertio , we protest , that we adhere with our hearts to our oath and subscription of the confession of faith , the solemne covenant betweene god , this church and kingdome , and the clauses particularly therein expressed and generally contained , and to our last articles for the peace of this kirke and kingdome , drawne out of it , and to all the matters therein contained , and manner of remedy therein desired . quarto , we protest , that this proclamation or act of councell , or any other act , or proclamation , or declaration , or ratification thereof , by subscription , or act , or letter , or any other manner of way whatsoever , or any precondemnation of our cause or carriage , before the same be lawfully heard and tryed in the supreme judicatories of this kirk and kingdome , the onely proper judges to nationall causes and proceedings , or any certification or threatning therein denounced , shall no waies be prejudiciall to the confession of faith , lawes , and liberties of this kingdome , nor to our supplications , complaints , protestations , articles , lawfull meetings , proceedings , pursuits , mutuall defences , nor to our persons and estates , and shall no wayes be disgracefull either in reality or opinion , at home or abroad , to us or any of us : but on the contrary , that any act , or letter , or subscription of the councell , carrying the approbation of the declaration , and condemnation of our proceedings , indicta causa , is and ought to be repute & esteemed unjust , illegall & null , as here before god and man we offer to clear , & to verifie both the justice of our cause and carriage , and the injustice of such acts against us , in the face of the first generall assembly of the church & parliament of the estates , unto whom with all solemnities requisite , we do publikly appeal . quinto , we protest , that seeing our former supplications , last articles , & our last desire and petition to his majesties commissioner , which petitioned for the present indiction of a free general assembly & parliament , according to the law and custome of all nations , & of this nation in the like case , to hear the desires , ease the grievances , & settle the fears of the body of the church & kingdome , are thus delayed , & in effect refused , to wit , once for all , till his majesties conveniency for the end contained in this proclamation , that we continue by thir presents to supplicate his majesty again and again , for the granting of the same : and whatsoever trouble or inconvenience fall out in this land in the mean time , for want of these ordinary remedies , and by the practice of any of these innovations & evils , contrary to our supplications , articles , & confession , it be not imputed unto us , who most humbly beg these lawfull remedies , but also that it is , & shall be lawfull unto us , to defend and maintain the religion , lawes and liberties of this kingdome , the kings authority in defence thereof , & every one of us one another in that cause , of maintaining the religion , and the kings foresaid authority , according to our power , vocation and covenant , with our best counsel , bodies , lives , means , & whole strength , against all persons whatsoever , & against all externall or internall invasions menaced in this proclamation . like as that in the great exigencie of the church , necessitating the use of this ordinary and lawfull remedies , for settling the commotions thereof , it is and shall be leasome unto us to appoint , hold and use the ordinary means , our lawfull meetings and assemblies of the church agreeble to the law of god , and practice of the primitive church , the acts of the generall assemblies , and parliaments , and the example of our worthy reformers in the like case . sexto , we protest , that our former supplications , complaints , protestations , confessions , meetings , proceedings and mutuall defences of every one another in this cause , as they are , and were in themselves most necessary , and orderly meanes agreeable to the lawes & practice of this church and kingdome , to be commended as reall duties of faithfull christians , loyall subjects , and sensible members of the body of the church and kingdome , and no wise to be stiled nor accounted great disorders , misdemeanors , blind disobedience under pretext of religion , and running headlong into ruine , &c. so they proceeded only from conscience of our duty to god , our king , native country , and our posterity , and doth tend to no other end , but to the preservation of the true reformed religion , the confession of faith , lawes , and liberties of this his majesties most ancient kingdome , and of his majesties authority in defence thereof , and satisfaction of our humble desires , contained in our supplications , complaints and articles , unto the which we adhere againe and again , as we would eschew the curse of the almighty god , following the breach of his covenant : and yet we doe certainly expect , according to the kings majesty his accustomed goodnesse and justice , that his sacred majesty after a true information of the justice of our cause and carriage , will presently indict these ordinary remedies of a free assembly and parliament , to our just supplications , complaints , and articles , which may be expected , and useth to be granted from so just and gracious a king , towards most loyall and dutifull subjects , calling for redresse of so pressing grievances , and praying heartily that his majesty may long and prosperously reigne over us . whereupon a noble earle , john earle of cassles , &c. in name of the noblemen , m. alexander gibson younger of dury in name of the barons , james fletcher provost of dundy in name of the borrowes , m. john ker minister at salt-prestoun in name of the ministers , and master archbald johnston , reader hereof , in name of all who adheres to the confession of faith and covenant lately renewed within this kingdome , tooke instruments in the hands of three notars present , at the said mercat crosse of edinburgh , being invironed with great numbers of the foresaid noblemen , barons , gentlemen , borrows , ministers and commons , before many hundred witnesses , and craved the extract thereof : and in token of their dutifull respect to his majesty , confidence of the equity of their cause , and innocencie of their carriage , and hope of his majesties gracious acceptance , they offered in all humilitie , with submisse reverence , a copy thereof to the herauld . now we must appeale to the judgement of the world , whether there was any thing in this our proclamation which deserved such an undutifull and rebellious protestation , or the seditious clamours , which both at their private and publicke meetings , especially in their pulpits , were made against it . this protestation needeth no answere ; for after the first part of it , which is nothing but a repetition of that which they have so often said , there is nothing but a number of falsities heaped up together , as the reader may easily perceive : for whereas they alledge , that they have removed the impediment which caused their covenant to be mistaken , as if it had beene an unlawfull combination ; we suppose that thereby they meane that which they tendered to our commissioner , and called it by the name of an explication of their covenant ; which explication was so farre from giving unto us any satisfaction , that both to us and all reasonable men it must needs appeare to be a stronger confirmation of their unlawfull combination : for whereas they refused to except us out of the number of those persons against whom their band of mutuall maintenance is intended , it plainely demonstrateth , that in their intentions we are the person chiefly aimed at . in some few lines after this , they professe that they never so much as called in question our resolution to maintaine the religion professed in that kingdome , and our care for not admitting any innovations in religion , or any staine of popish superstition : now we doe appeale even to their owne consciences , whether in their private meetings , nay even in their publike assemblies and sermons , they have not endevoured to settle in our good subjects mindes opinions , feares , and jealousies , quite contrarie to these their printed asseverations . in the last part they ground their protestation upon no grounds but such as these : that they will continue together , because they have obliged themselves by oath so to doe , and because they will and are resolved to adhere constantly to what they have done , and because they offer to cleare themselves before a generall assembly and parliament , where they themselves make accompt to be judges . now these and such like false and weake grounds it is very unnecessarie to confute , the rehearsall of them being upon the first view , their sufficient conviction . after all these , they end their protestation with two very unsavourie conclusions : the first is , that if we will not allow of their proceedings , they themselves will call a generall assembly , which shall be sure to allow of them . a notable piece of hypocrisie and disloyaltie together , to be suiters to us for that which they ( as they say ) both may doe and are resolved to doe without our leave : the second is , they protest , that , notwithstanding any thing which we doe or shall say to the contrarie , all their proceedings are in themselves most necessarie , and orderly meanes , agreeable to the laws and practise of that church and kingdome , to be commended as reall duties of faithfull christians , loyall subjects , and sensible members of the body of that church and kingdome , and no way to be styled or accounted great disorders , misdemeanours , blinde disobedience , under pretext of religion , and running headlong into ruine : all which words are multiplied , onely to make up a verie unmannerly contradiction to the verie words of our proclamation . our commissioner seeing , not that he was not able to give , but that they were resolute not to receive any satisfaction by what was offered , and that the most that they could be brought to , was that which they called an explication of their covenant , but indeed was none ; for they would never yeeld that these words , whereby in their covenant they bound themselves in a mutuall defence against all persons whatsoever , should admit this interpretation ( except the king : ) he told them plainly , that since his instructions were out , he could proceed no further with them without new conference with , and instructions from us ; and therefore he resolved a speedie journey to us , to informe us of what had passed , and make us acquainted with that explication of their covenant which they had given him , though as it had given no satisfaction to himselfe , so he was sure it would give none to us : in the meane time , he entreated them to behave themselves more quietly and peaceably then they had done , untill our pleasure were further knowne . that pretended explication of their covenant was conceived by way of petition , and was this . to his majesties commissioner : the supplication of the noblemen , barons , burgesses , ministers and commons here attending his majesties gracious answer of our former petitions , complaints , and desires , humbly shewing , that whereas we expecting from your grace , as his majesties commissioner , a gracious answer of our former supplications , complaints and just desires , have presented to your grace a petition , humbly craving a free generall assembly and parliament , as the ordinarie remedy of our grievances , and the onely meane to put this kirk and kingdome to quietnesse , it pleased your grace to shew , that his majestie , from his princely care of this kirk and kingdome , would be most willing to indict a free generall assembly , and call a parliament for those good ends , but that your grace , as his majesties commissioner , hath conceived the confession of faith , and covenant latelie renewed by us his majesties subjects , to be an unlawfull combination against authority ; thereby to cast off our dutifull obedience , and not a covenant for maintaining of true religion , of his majesties person and authority , and of the laws and liberties of the kingdome . and we being most willing to remove that , as the maine hinderance of the obtaining of our desires ; therefore , and for clearing of our loyaltie , and vindicating our selves from so great an imputation , wee do now in all humility remonstrate to your grace , as his majesties commissioner , and declare before god and men , that we are heartily grieved and sorrie , that any good man , but most of all that our dread soveraigne should so conceive of our doing : and that we were , and still are so fa●re from any thought of withdrawing our selves from our dutifull subjection , and obedience to his majesties government , which by the descent , and under the raigne of kings , is most chearfully acknowledged by us and our predecessours , that we never had , nor have any intention or desire to attempt any thing that may turne to the dishonour of god , or diminution of the kings greatnesse and authority . but on the contrary , we acknowledging our quietnesse , stability and happinesse to depend upon the safety of the kings majestie , as upon gods vicegerent set over us for maintenance of religion , and ministration of justice , have solemnly sworne , not onely our mutuall concurrence and assistance for the cause of religion , but also to the uttermost of our power , with our meanes and lives , to stand to the defence of our dread soveraigne the kings majestie , his person and authority , in the preservation and defence of the true religion , liberties and lawes of the kingdome . and therefore , we his majesties loyall subjects , free from that and all other imputations of that kinde , most humbly beseech your grace to esteeme that our confession of faith and covenant , to have been intended , and to be the largest testimony of our fidelity to god , and loyaltie to our king : and that hinderance being removed , must still supplicate that your grace would be pleased to indict a free generall assembly and parliament , which will undoubtedly redresse all our evils , settle the peace of the kirk and kingdome , and procure that chearfulnesse of obedience which ought to be rendred to his majesty , carrying with it the offer of our fortunes , and best endeavours for his majesties honour and happinesse , as a reall testimony of our thankfulnesse , and our hearty prayers to god that his majestie may long and prosperously raigne over us . now , doth this petition deserve the name of an explication of their covenant ? much lesse of such an explication as should give either us or our commissioner any satisfaction ? no , for it containeth neither more nor lesse then this , that they doe not meane to shake off their obedience , if we will give way to all their courses , which by this petition they justifie ; so that their meaning is , that they will continue obedient subjects , if we will part from our soveraigntie ; which is in effect , that they will obey if wee will suffer them to command . but where it was expected that to these words of their covenant , whereby they binde themselves to mutuall maintenance , against all persons whatsoever , should have beene added , except the king and his successors , that was refused , though even that could have given no satisfaction , unlesse we should give way to that which divers acts of parliament have made sedition , and punishable with death . upon notice given by our commissioner of his intended departure , the debatements at their table grew very hot and fierie upon this point , whether they should presently indict a generall assembly , and fall upon the violent courses intended by them , or that they should grant some short time for his journey , his stay with us , his returne to them againe , with our finall answer and last resolution ; and in the meane time promise that they would behave themselves quietly and peaceably , and continue all things in statu quo untill his returne . this last was agreed unto , though not without much contrarietie of voices , and so some of the principall covenanters came and acquainted him with this their resolution , which was , that they would expect our answer , and his returne upon the fifth of august next at the furthest ; untill which time they would breake up their great meeting , containe themselves and the people in quietnesse and peace ; but if by that day he did either not return , or not bring with him from us such an answere as they expected , then they would hold themselves free , and goe on to prosecute the courses which they had resolved upon . and so our commissioner begun his journey towards us. after our commissioner had at greenwich made us fully acquainted with all their insolencies , we speedily dispatched him with new instructions , and commanded him to returne , so that he might be backe in scotland by the fifth of august , and gave him order for the indicting both of a generall assembly and a parliament , but so , that he should first be fully satisfied , by all informations which he could conveniently receive , of the constitution of a generall assembly , with which perhaps many were not acquainted , none having beene kept for divers yeares : and therefore it did require good deliberation , to agree both upon the members of the assembly ( not for their persons but for their qualitie ) and of what things were usually treated and handled there . no sooner was he returned into scotland , but he found all things in much worse case , and in a farre greater combustion then he left them : for he found that the heads of the faction ( being affraid that he might bring backe with him some satisfactory accommodation , which our subjects might like well , but they themselves resolved to reject ) had in the time of his absence assured their followers , that they might compasse their ends by such means and upon such conditions as themselves desired : nay , they proceeded so far , as to make the people beleeve what they knew to be most untrue , viz. that our commissioner was well satisfied with all their proceedings , and especially with their covenant , in regard of the late explication they had made of it ; and were so impudent as to use that inducement for an argument , whereby they perswaded many of all sorts , especially of the ministers , who had formerly stood out against their covenant , to enter into it , in this short time of his absence from them ; and the three ministers in their answers to the queries of the divines of aberdene , had the boldnesse to print , that our commissioner rested satisfied with their covenant , according to their explication of it : with which their notorious calumnie he found himselfe so highly injured , in a point which so much concerned his loyaltie to us , and the trust reposed in him by us , they he was enforced to call the lords of our councell , divers others of our nobilitie , and some of the lords covenanters themselves , to give testimonie of his frequent asseverations in their hearing , that as he himselfe was no way satisfied with that explication , so he was assured that we neither would nor could receive any satisfaction by it , only that he would present it to us at their entreatie : and besides the attestation of so many witnesses , he was necessitated , both for clearing of himselfe to us , and preventing the further encrease of covenanters , upon that false and groundlesse surmise , to print a manifest and declaration of his own clearnesse and their calumnie . it is true that they printed a weake answer to that manifest , in which they confesse , that they never heard him say that he was satisfied with that declaration , but that by some probable reasons ( which are there expressed , and indeed are most improbable ones ) they were induced to beleeve that he was satisfied with it , although that both to their new proselytes , and in the ministers printed answers , they had positively averred , that after he had received that explication he was fully satisfied with their covenant : which dealing of theirs gave occasion for many to thinke , that this false aspersion was put upon him , by those who ever laboured to strangle all hopes of reconciliation , onely to raise in us a distrustfull jealousie of his service , that so he might be called backe , and the people made beleeve that no relieving of their grievances was intended by us. about the same time a great stirre was raised in that kingdome upon a very slender ground , which was this : there had been printed at antwerpe in severall pieces ▪ the pictures of the severall stories of the gospels , and acts of the apostles , after the manner as they are usually printed in the romish church ; some papists , and it may be others , had caused these severall pieces to be bound in their bibles , at the severall chapters of those stories to which they did relate ; they found such a bible printed at edinburgh , which being printed ( as all bibles are ) by our priviledge , upon a sudden there were made most tragicall complaints , that pictures and images were brought into their bibles by our authoritie , aggravated by the heads of that faction , especially the ministers , with the imminent dangers of the present introduction of poperie , superstition , & idolatrie , still to make the people averse from all hope of satisfaction ; so that some did conceive , that these pictures might bee bound in that bible by some of themselves , meerly to irritate the people , and continue them in their distance from returning to our obedience : but so far with this particular we cannot charge them . now , notwithstanding these new and daily emergent combustions , and their perpetuall working of the people , both in their pulpits and at their other meetings , to new insolencies and greater heights of rage and furie , our commissioner resolved ( as well as he could ) to passe them over , and to enter into treatie with them for the preparative overtures of a generall assemblie , because he did see that all these impediments and blocks were laid purposely in his way , that either hee might stumble at them , or bee so scared as to go back ; for it was plainely perceived , that whensoever he made any proposition of peace , likely to take or please , they presently cast about how to dash it with some new violence and accident which should make it impossible , as did most evidently appeare in this particular . our commissioner sent some of our councell to conferre with some of the principall covenanters , concerning some necessarie propositions fit to be resolved upon before the indicting of the assemblie ▪ both concerning the members of which it was to bee constituted , and concerning the matters to be treated of in it , ( two consultations usually previous to that meeting , for the omission whereof in one assemblie of later times , they had so grievously complained , that in a petition exhibited by the ministers of their side , it was alleadged for a nullitie of that assemblie : ) this message was received with so much choler and contempt , that they presently blazed it abroad amongst their followers , for a proposition tending utterly to the ruine of the lawes and liberties both of church and kingdome , that the hearkning to any such overtures was an absolute prelimitation of that assemblie , which they intended should be free and generall , that neither of the members of their assemblie , nor of the matters to bee handled in it , they would speak so much as one word untill they came upon the place , and were in the assemblie ; that then and there the assemblie it selfe was to be the sole judge both of the competencie of the members elected , of the regularitie of their election , and of all matters treated of there , whether they were of their cognisance and jurisdiction or not , and likewise gave out , that they did not much care whether our commissioner would indict an assemblie or not : they would indeed like it better if it were indicted by our authoritie , but if we , requested by them so to do , should refuse it , they both could and would do it of themselves : then did their pulpits againe begin to ring with this monstrous proposition , as they called it , of the utter subversion of the liberties of their church , by the prelimitation of their assemblie , as if this conference propounded by our commissioner concerning the orderly proceedings in that meeting , had beene such a blow to their church , as they could not feare a greater from rome it selfe . and to make our commissioner beleeve that they were in good earnest , they had a little before caused the presbyterie of peebles to begin with the election for their commissioners to the generall assemblie , being a place not above twentie miles distant from edinburgh , so that they were sure it must speedily come to his knowledge : to this election all the gentlemen within the compasse of that presbyterie resorted , intruded themselves by violence , and in despite of the ministers would give their voices to the chusing both of the ministers and one lay-man to be commissioners for that presbyterie at the next assemblie , whensoever , and wheresoever it should bee kept , when as yet no assemblie was indicted . our commissioner weighing well these two things ; first , that the principall covenanters , noblemen , gentlemen , and ministers , as hee had occasion to speak with them severally , and upon severall occasions , had protested unto him , that their meaning never was quite to abolish episcopall government , but onely to have it limited and restricted , according to the lawes of that church and kingdome , and that they might bee accomptable to , and censurable by the generall assemblie , if they should transgresse these limits ; adding , that they had farre rather live under that government , then under the tyrannie of the presbyeries , which they had heard their fathers so much complaine of , and had given them charge to beware of ; the like protestations they having likewise made to divers of our councell , and others : and secondly , considering that he now found that they begun to speak more sparingly and reservedly in that point , and would not so much as treat of it before the assemblie , and that some of them had given out , that they had resolved upon a way to throw off that grievous burthen of the presbyteries , with the weight whereof their fathers were so much grieved , viz. by joyning so many laick elders to every presbyterie as there should be ministers in it , by which meanes the laitie should bee able to keep the presbyterie under , without the help of bishops . our commissioner was now once againe at a stand , not knowing how to proceed , as not being sufficiently warranted by our instructions to indict a generall assemblie or parliament , unlesse hee should first bee satisfied by advice of them who understood the formes of assemblies , what course was to bee held , both for the members of that assemblie , and the manner of their election , and for a previous consultation of the principall things to be treated there ; all which consultations the covenanters did utterly reject : he therefore resolved once againe to make a journey to us , and acquaint us with these new occurrences , since hee found them daily increasing in their obstinacie , & so changed , as he was not able to make any judgment , either of their resolutions , or desires , or of what would give them satisfaction . and therefore our commissioner told them plainely , that he had no authoritie from us to indict an assemblie , unlesse some particulars were agreed upon , both concerning the constitution of the assemblie , the present settling the peace of the kingdom , and the righting and restoring to their places such ministers as had beene displaced without order of law , who might againe be displaced , if at the assemblie they were found to deserve it : the summe of our demands he delivered to the chiefe lords covenanters in these ten articles , which will be found by the reading of them to be verie just and reasonable . that all ministers deposed or suspended by the presbyteries since the first of februarie last , without warrant of the ordinarie , shall be restored to their owne places , till such time as they shall be legally convicted . that all moderators of presbyteries , deposed since the foresaid day by the presbyteries , without warrant of the ordinarie , be restored , and all moderators appointed by the said presbyteries without warrant foresaid , to desist from executing the office of moderator . that all ministers admitted by the presbyteries since the foresaid day , without warrant from the ordinarie , shall desist from exercising the function of their ministerie in that place to which they have beene so presented and admitted . that all parishioners shall frequent their owne churches , and heare their owne minister , and that the elders assist the minister in the session , and other exercises of the discipline of the church , as formerly they were used to do . that all bishops and ministers , have their rents and stipends duely and thankfully paied them . that all ministers bee appointed presently to repaire to their owne churches , that none of them come to the assemblie , or to the place where the same shall bee held , but such as shall bee chosen commissioners from the presbyteries . that according to the act of assemblie . moderators of presbyteries being found necessarie members of the assemblie , everie one of the said moderators bee appointed to bee commissioner from that presbyterie where he is moderator . that bishops and other ministers who shall attend the assemblie , may be secured in their persons from all trouble and molestation . that the commissioners from presbyteries , be chosen by the ministers of that presbyterie onely : and that no lay-person whatsoever , meddle in the choice , nor no minister without his owne presbyterie . that all convocations and meetings be dissolved , and that everie man repaire to his owne house , and that the countrey not onely be made peaceable , but also that all such acts be forborne , as may make it appeare to be otherwayes . and since his majestie is still displeased with the covenant , wisdome and our dutifull obedience to our soveraigne require , that some such course should be taken , whereby his majestie may receive satisfaction therein ; and in the mean time , that there be no pressing , threatning , or perswading of men to subscribe the covenant , nor no mention be made thereof any more in pulpits . to these ( according to their usuall manner ) they would no way condescend , but returned to our commissioner these most unjust and unreasonable answers . answers to the particulars propounded by his majesties commissioner . having seriously considered with our selves , that nothing in this world is so precious , and ought to be so deare unto us as our religion , that the diseases of the church after long toleration did threaten no lesse then her utter ruine , and the expiring of the truth of religion at last , and that a free generall assemblie was the ordinarie remedie appointed by divine authoritie , and blessed by divine providence in other churches , and after a speciall manner in the church of scotland ; wee have often , and earnestly supplicated for the same , and have laboured to remove what was objected , or what wee could conceive to be any hinderance to the obtaining of our desire , like as we have now for the same good end resolved to returne this answer to the particulars propounded , to bee performed by us before any assemblie be indicted . the particulars propounded , are either concerning matters ecclesiasticall , or civill : ecclesiasticall , or church matters are , the first , concerning ministers deposed or suspended by the presbyteries , since the first of februarie last , without warrant of the ordinarie , that they bee restored to their owne places . the second , concerning moderators of presbyteries deposed since the foresaid day , to bee restored , and all moderators appointed by the said presbyteries without warrant aforesaid , to desist from executing the office of moderator . the third , concerning ministers admitted since the foresaid day , that they desist from exercising the function of the ministerie in that place , to which they have beene admitted . these three particulars do concerne the power , dutie , and particular facts , or faults of presbyteries , wherein we have no power to judge or determine , whether they have proceeded lawfully or not , farre lesse can we urge or command them to recall what they have determined or done , in the suspending , deposing , or admitting of ministers , or moderators ; they being properly subject to the superior assemblies of the church ; and in this case and condition of the church , to the generall assemblie , where , if they shall not after tryall justifie their proceedings , from the good warrants of scripture , reason , and the acts and praclices of the church , they ought to sustaine their owne deserved censure . and since on the one side , there be many complaints against the prelats for their usurpation over presbyteries in the like particulars ; and on the other side , there be such complaints of the doings and disorders of the presbyteries , to the offence of the prelats ; we trust that his majesties commissioner will not esteeme this to be any hinderance of the indiction of a generall assemblie , but rather a powerfull and principall motive with speed to conveene the same , as the proper judicatorie wherein to determine such dangerous and universall differences of the church . neither do wee heare that any ministers are deposed , but onely suspended , during this interim till a generall assemblie , for their erroneous doctrine and flagitious life ; so that it were most * offensive to god , disgracefull to religion , and scandalous to the people , to restore them to their places till they be tried , and censured . and concerning moderators , none of them ( as we understand ) are deposed , but some onely changed , which is verie ordinarie in this church . the fourth , concerning the repairing of parishioners to their owne church , and that elders assist the ministers in the discipline of the church , ought to be cognosced and judged by the particular presbyteries , to which the parishioners and elders are subject , since the cause may bee in the ministers no lesse then in the parishioners and elders . and in case they finde no redresse there , to assent till they come to a generall assemblie , the want whereof maketh disorders to bee multiplied , both in presbyteries and particular parishes . to the sixth , that ministers wait upon their owne churches , and that none of them come to the assemblie , or place where the same is kept , but such as shall bee chosen commissioners from presbyteries , we answer , that none are to come to the place of the assemblie , * but such as are either allowed by commission to have voice , or otherwise have such interesse as they can justifie to his majesties commissioner , and the assemblie conveened . to the seventh , concerning the appointing of moderators of presbyteries to bee commissioners to the generall assemblie , onely constant moderators , who have ceased long since , were found in the assemblie . ( which yet was never reputed by the church to be a lawfull nationall assemblie ) to be necessarie members of the generall assemblie . and if both the moderators , who if they be necessarie members need not to bee chosen , and the chosen commissioners repaire to the assemblie , the assemblie it selfe can judge best of the members whereof it ought to consist . to the ninth , that no lay-person whatsoever meddle with the choosing of commissioners from the presbyteries , and no minister without his owne presbyterie , we say , that according to the order of our church discipline , none but ministers , and elders of churches ought to have voice in choosing commissioners from presbyteries , and that no minister , or elder should have voice in election , but in his owne presbyterie . the rest of the particulars are concerning civill matters : as the fifth concerning the paying of rents and stipends to ministers and bishops , concerning which we can say no further , but that the lawes are patent for them , as for his majesties other subjects , and that the general assemblie ought not to be delaied upon any complaint in that kinde . the eighth , requiring that bishops , and ministers be secured in their persons , we think so reasonable , that wee will promise everie one of us for our own parts , they shall suffer no violence from us , and that we shall hinder others so farre as wee may ; and if any trouble them otherwise , or make them any kinde of molestation in that attendance but by order of law , the parties are justly punishable according to the degree of their fault as other subjects are . to the tenth , concerning the dissolving of all convocations and meetings , and the peaceablenesse of the countrie ; these meetings being kept for no other end , but for consulting about lawfull remedies against such pressing grievances as threaten the desolation of this church and state , cannot be dissolved till the evils be removed . and * we trust , that nothing in these our meetings hath escaped us , which carrieth in it the smallest appearance of undutifulnesse , or which may seeme to tend to the breach of the common peace : but although our adversaries have herein calumniated us , yet we have alwayes so behaved our selves , as beseemed his majesties most humble and loyall subjects , petitioning his majestie for a legall redresse of our just grievances . to the last , concerning the covenant ; the commissioner his grace having many times and most instantly pressed us with that point , we did first by * invincible arguments make manifest , that wee could not , without sinning against god , and our owne consciences , and without doing wrong to this nationall church , and all posteritie , rescind or alter the same : and thereafter did at large cleare the same of all unlawfull combination against authoritie , by our last supplication and declaration , which his majesties commissioner * accepted , as the most readie and powerfull of all other meanes , which could come within the compasse of our thought to give his majestie satisfaction , the subscription of this our confession of faith , and covenant being an act so evidently tending to the * glorie of god , the kings honour , and happinesse of the kingdome : and having alreadie proved so comfortable to us in the inward of our hearts , it is our ardent and constant desire , and readie wish , that both his majestie and all his good subjects may be partakers of the same comfort , like as we finde our selves bound by conscience , and by the covenant it selfe , to perswade all his majesties good subjects to joyne with us for the good of religion , his majestes honour , and the quietnesse of the kingdome : which being modestly used by us without pressing , or threatning of the meanest , we hope shall never give his majestie the least cause of discontent . seeing therefore , according to our power and interesse , wee are most willing to remove all hinderances , that things may bee carried in a peaceable manner , worthy our profession , and covenant , doe aime at nothing but the good of the kingdome , and preservation of the church , which by consumption , or combustion , is like to be desperately diseased , except remedy some way bee speedily provided ; and wee delight to use no other meanes , but such as are legall , and have beene ordinarie in this church , since the reformation : wee are confident that without further delay , for preventing of greater evils and miseries then wee can expresse , our just desires shall be granted . so shall we be encouraged in the peace of our souls , still to pray for his majestie , all encrease of true honour , and happinesse . upon their refusall , he sent for some of the chiefe lords covenanters , and told them of his resolution for a new journey ; that he found their wayes such as he could not goe along with them ; that he had power to grant them a free generall assembly , but that he could not conceive that to be a free one , in which they should bring in everie man to have a voice whom they had a minde to : if they would let him know what manner of persons should sit there , and what they intended to doe there , he would give his best concurrence , if he found their intentions to be agreeable to the lawes and customes of that church and kingdome ; if they rejected these motions , he knew nothing left for him , but to return back againe to us , yet he desired them before his journey they would let him know what it was they would have , and that they would expresse what was the uttermost of that which they desired from us , without which they would not rest satisfied ; that with their desires he would make us acquainted , and that within a few dayes he would either returne to them himselfe with our answer , or otherwise it should be speedily sent unto them . their answer to our commissioner was , that they would make their tables acquainted with his proposition , and he should shortly receive their answer : at their tables it was much debated , whether he should have any further time allowed him for a new journey , and a speedie returne , or if they should leave him to his owne choice and counsels , and they in the meane time to indict a generall assembly , and goe on with the prosecution of their intended resolutions : at last , not without contrarietie of suffrages in this also , it was by most voices concluded , that to give the people satisfaction , they would yet forbeare the indicting of the assembly untill the . day of september , before which time , if he or some other did not returne with such answer as should content them , then they would hold themselves free to goe on with their designes : and for expressing their desires , or what satisfaction they expected from us , they would not descend to particulars , onely they looked for a free generall assembly , and a parliament , in which two great courts their desires should be made knowne ; and this being all the answer our commissioner could obtaine from them , he told them that he would report it to us , and intended presently to begin his journey . no sooner were they parted from him , but they betooke themselves to their old courses , both of incensing the people , and dashing in our commissioner all hope of doing any good in this service : the first they did by scattering a report amongst their followers , that our commissioner neither had power from us , nor any intention in himselfe to give them any satisfaction , but that he onely delayed time , untill all things might be in a ripenesse and readinesse for their ruine , an evident argument whereof was , that now he had taken two journies thither , & yet had never offered any thing , nor were they in better case then before he was sent unto them : a thing which they knew to be most untrue , both because in our last declaration we had granted them verie many things concerning their pretended grievances , which we had not granted before , being the same things which at first they onely desired ; as likewise because our commissioner had now lately tendered them in writing ten propositions , upon the yeelding to which he would presently indict an assembly : but that was all one with them , for so they could perswade the people that nothing yet had been offered at all to content them , they cared not by what reports ( true or false ) that perswasion were wrought in them : our commissioner , to assure the people that he intended really , and endevoured their content , if possibly it might be effected upon any reasonable termes , contracted his former propositions into these two ( which we here insert ) and caused many copies of them to be dispersed through the citie , that so the people might not bee kept from the knowledge of our favour towards them . if the lords and the rest will undertake for themselves and the rest , that no laicks shall have voyces in choosing the ministers to bee sent from the severall presbyteries to the generall assembly , nor none else but the ministers of the same presbyterie : if they will undertake that at the assemblie they shall not goe about to determine of things established by acts of parliament , otherwise then by remonstrance or petition to the parliament , leaving the determining of things ecclesiasticall to the generall assembly , and things settled by act of parliament , to the parliament : then i will presently indict a generall assembly , and promise , upon my honour , immediately after the assembly to indict a parliament , which shall cognosce of all their complaints . this did so irritate their leaders , that they presently entred upon a course that should put our commissioner out of hope of ever doing any good in this service ; for they presently gave order , even before the beginning of his journy , for the election of the commissioners to the general assembly throughout the whole kingdome , to be made before his returne , or the indicting of an assembly ; which caused him presently to send for the chiefe of the covenanters , and absolutely to tell them , that if they did proceed to the election of any commissioners for the assembly before his returne , he would not goe his journey at all ; he would not move us for a generall assembly , nor for any thing else ; he would leave them to their owne wayes ; as a private man he would stay in the kingdome and expect the issue of their counsels : which resolution of his , because it should not be concealed from the people , he caused likewise by many copies of it in writing to be divulged amongst them : this his determination these lords covenanters to whom he delivered it , communicated to their tables , who were very stiffe in their former conclusion for the present election of commissioners ; yet because they could not well perceive how to satisfie the people , if they should breake off all treatie upon such a nice point , it was at the last agreed unto , and talked of as a singular favour done to our commissioner , that the election of the commissioners to the assembly should be delayed untill his returne , which we pray the reader to observe , because it shal be knowne at his returne , with what a horrible equivocation they did elude this their promise . before our commissioner begun his journey towards us , he entred into a serious consultation with our chiefe officers of state and principall councellors there , what further advice they had to recommend by him unto us , for the setling of the peace of that kingdome , since they clearely perceived that all our royall and gracious intentions to that people were frustrated , by the rebellious and obstinate courses of some few who misse-led the rest ; and since he could not possibly draw from the covenanters their designes , nay , nor their desires , whereby he might learne what they expected for their satisfaction , he desired of them their best counsell , and that he with them might conceive in writing what they supposed would reduce the kingdome to peace and quietnesse , and without which they thought it could not be effected , but by force and armes , which he was sure we would never use , but in an unavoidable extremitie , and for the preservation of our crowne and dignitie . this our commissioner did not adventure to communicate with the whole councell , because he did know that some of our councellours were covenanters in their hearts , though for dangerous ends , they had forborne the subscribing of the covenant with their hands , and that they would acquaint the covenanters with it , with whom they kept private meetings . this proposition being much debated amongst these councellours , they fell upon that way which they conceived would fully satisfie , or else none could ; which was this : since the covenanters would not expresse their owne desires in particulars , they thought best to take an exact view of all their petitions , remonstrances , grievances , declarations , protestations either written or printed , which they had since the first beginning of these troubles exhibited to our selves , our commissioner , our councell ; and to extract out of them the particulars of all their grievances and desires , and to represent them unto us. and besides all these , we being assured by our commissioner , that the principall motive which the heads of the covenanters had used to our people for alienating their minds from us , was that false opinion of our aversnesse from the religion reformed , and of our inclination to popery : we resolved , above all that was desired , to take a course which should give our subjects full and unquestionable satisfaction in that point ; and therefore propounding unto our selfe , the example of our royall father , we concluded to command and urge the renewing of that confession of faith , which was first framed and afterward renewed in his name , by which meanes wee made account that we should both benefit our subjects and right our selfe : for perceiving that they had grounded and fathered their spurious covenant upon that confession and covenant urged by our father ; wee resolved , by this act of our authoritie to legitimate it , that it being commanded by us , might save our people who were to sweare it , from incurring the danger of our lawes , which have made it very criminall to enter into any covenant without our authority : as also , to vindicate our selfe from that false and wicked aspersion , which the heads of their covenant had most seditiously laid upon us , viz. that wee had a resolution either to bring in poperie , or at least to tolerate it in our kingdomes , which though they themselves did not beleeve , yet they beleeved that this was the most powerfull meanes of alienating the minds of our people from us ( which they only intended ) if they could possibly worke them to that beliefe . and so both wee and our commissioner , who had lately come from them , were perswaded that not onely our people , but all people in the world , to whose notice it should come , must rest satisfied ; that wee could not possibly be that way inclined , if wee should command , and by our authority effect a new subscription and swearing of that confession of faith , which is more directly opposite to poperie then any confession besides extant in the world. this being added to the former advice of our councell , which was to ease them of all those things which they pretended to bee their principall grievances , wee well hoped should have settled the peace of that church and kingdome . for by granting the removing of those former grievances , without this last superaddition of our favour , our councellours were perswaded that our subjects for the most part would be satisfied , desert their leaders , and adhere to us with their lives and fortunes , as they themselves would doe who signed this their councell with their hands , and sent it up to us by our commissioner . no sooner was he come to us at oatlands , but we were astonished with his relation of their proceedings ; and when he presented unto us , not only the improbability , but also the impossibility that ever the ring-leaders of that rebellion would desist , untill they had obtained their wicked ends , and that the onely hope of peace was placed in dividing the people from them , by proffering unto the people such gracious favours , as in all likelyhood they neither could nor would reject ; and well weighing the advice given unto us by our principall councellours and officers of state there , after mature deliberation with such as we were pleased to call unto us , and especially at the humble and earnest importunity of our commissioner , so zealously affected to the peace of our and his native countrey , we did resolve to pursue that advice of his and our other councellours , and did againe make a very exact survey of whatsoever they had petitioned for , from the very first , either of us , our commissioner , or councell , and resolved to grant them all , and besides all these , to renew the former confession of faith and the band annexed , which we made account would have given them satisfaction above all things , especially in that wherein they had been most wickedly abused , that is , in their opinion of our inclination to poperie . the particulars of our gracious grants unto them you shall finde in our next proclamation made after our commissioners returne to that kingdome ; whom , within eight dayes after his comming to us , we dispatched back againe , overjoyed with our gracious grants , as making full accompt , that he should be received this last time as an angell of god , bringing in his mouth the branch both of piety and peace : but how farre both we and he and our councellours , and all our good , religious , loyall , and peaceable subjects of that kingdom were deceived herein , the next ensuing narration ( which is almost above credit ) will sufficiently declare . for our commissioner , returning before the day agreed upon , he found all things in the time of his absence so perplexed and imbroyled by the heads of the covenanters , who were afraid of nothing so much , as that he should returne with an answer satisfactorie to our people , that he begun most clearely to perceive , that these men were resolved that nothing should satisfie them ; which appeared by their whole proceedings in the time of his absence , and especially in these two particulars : first , whereas they had promised that no election of commissioners for the assembly should be made before the . day of september , the day agreed upon for his returne , they gave order that the election should be made the . day of september , being the next day after that , which they knew was to be passed before he could possibly returne our answer to them : according to which resolution of theirs , commissioners for the assembly were elected in many presbyteries upon that day , before any of the covenanters did , or could come to know our answer from our commissioner , or before the assembly was indicted , which was not untill some dayes after these elections were past : now , we desire to know whether ever there were heard a more grosse , absurd , and palpable equivocation then this , and that from men , who would be accounted the greatest opposites in the world to popish tenets , and to none more then that of equivocation . they promise that no election shall be made untill our commissioners returne , and before such a day ; and that promise grounded upon our commissioners resolution before his departure from them , that unlesse they would give him that assurance , hee would not undertake his journey , nor move us any more in this business ; but if they would expect his returne and our answer by that time , he would doe both . these holy men resolve to expect that time before any election shall be actually made , but give order that it shall be made the next day after , before it could be knowne in most parts of the kingdome whether he were returned , or in any part of the kingdome , or by any person of the kingdome , what answer he had returned from us : the insinceritie of which proceedings ( condemned by many covenanting ministers at their meeting at edinburgh for a most desperate equivocation ) we are confident every man will detest , especially in those men who boast themselves to be the onely sincere professours of these times . besides , our commissioner found that these men ( who would not so much as hear him speak of any precedent conference of any thing concerning the assembly , nor of any directions to be agreed upon for the more orderly proceeding in it , but cried out against them as unsufferable prelimitations and prejudgings of the liberties of christ and his church ) had in the time of his absence at their tables agreeed upon certaine directions comprehended in eight articles , which they had dispersed through the whole kingdome , and commanded to be observed by the severall presbyteries thereof in their elections ; the true copie whereof here followeth . a direction for presbyteries . that every presbyterie have a copie of the act made at dundie the seventh of march . concerning the number of commissioners ; the tenour whereof followeth . because there hath beene no order hitherto anent the number of commissioners to be directed from everie presbyterie to the generall assemblie , therefore it is statuted and ordained , that in all time comming three of the wisest and gravest of the brethren shall be directed from everie presbyterie at the most , as commissioners to everie assemblie , and that none presume to come without commission : and likewise , that one bee directed from everie presbyterie in name of the barons , and one out of everie burgh , except edinburgh , which shall have power to direct two commissioners to the generall assemblie . that everie presbyterie have a copie of the commission to be given to the commissioners ; the tenour thereof followes . t.t. the day of the which day after calling upon the name of god , we the members of the presbyterie of having diligently considered the manifold corruptions , innovations , and disorders , disturbing our peace , and tending to the overthrow of our religion , and liberties of the reformed church within this realme ; which hath come to passe , especially through the want of the necessarie remedie of generall assemblies , as well ordinarie as pro re nata , injoyed by this church for many yeares , and ratified by act of parliament , and now expecting shortly by the mercie of god the benefit of a free generall assemblie , do by these presents nominate and appoint minister of as also in name of the burrowes , conjunctly and severally our lawfull commissioners , giving and granting unto them our full power , commission , and expresse charge , to repaire to the said assemblie at the day and place , when and where it shall happen to sit , in any safe and commodious place within this kingdome , and there with the rest who shall be authorised with lawfull commission , in our name to propone , treat , reason , vote , and conclude , according to the word of god , and confession of faith approved by sundrie generall assemblies , and received throughout the whole kingdome in all ecclesiasticall matters , competent to a free generall assemblie , and tending to the advancement of the kingdome of christ , and the good of religion , as they will answer to god , and his church thereupon , and to report to us their diligence therein . in testification of this our commission and charge , we have subscribed these presents with our hands , and which they have accepted with the lifting up of their hands . that everie church session send one of the most qualified elders unto the presbyterie the day of chusing commissioners to the generall assemblie : that by common consent of the ministers and those elders present in the presbyterie , there may bee chosen both the commissioners for the ministers , and also some well affected and qualified nobleman , or speciall gentleman , being an elder of some particular church session within that presbyterie , in name of the barons : for this is the constitution of the presbyteries , ( otherwise called elderships ) appointed by the church in the books of discipline , acts of the generall assemblie , practised for many yeares after the reformation , and ratified in the parliament , the twelfth of king james the . and never since altered nor rescinded ; neither can be with reason altered , seeing that same is the constitution of the supreme and generall assemblies , and of the inferiour and church sessions , as is at more length cleared by some reasons . that such as are erroneous in doctrine , or scandalous in life , be presently processed , that they be not chosen commissioners ; and if they shall happen to be chosen by the greater part , that all the best affected , both ministers and elders , protest and come to the assemblie to testifie the same . to send to everie presbyterie a copie of the printed reasons for an assemblie . that moderators by vertue of their office bee not commissioners to the assemblie , except they be chosen . that the presbyteries in one of the ordinarie meetings , appoint to conveene solemnely after the twentieth of september , either upon the . . . . or . for chusing of their commissioners to the assemblie , and for to send them hither to edinburgh before the first of october , or so soone as they can , that with common consent , they may receive the kings last answer , and advise upon the next lawfull remedies , in their extreme necessities of church and state. that in the fast to bee observed on the sixteenth day of september , the second day preceding their election , they may crave gods direction therein . to these eight articles they joyned ( by way of information ) a verie impertinent , long and tedious discourse of ruling elders , too long and too simple to be here inserted , which was added no doubt onely to perswade the ministers to admit lay-men to have voyces in their presbyteries at the election of the ministers who were to be commissioners for the assemblie ; or in case of their refusall , to perswade the lay-men to put themselves in possession , and give their voyces in these elections whether the ministers would or no , as shall appeare afterwards , both by that intrusion which these lay elders used in many presbyteries , where the ministers refused to admit them , and by some of the tables more private instructions , by which they were ordered so to do . now , we desire the reader to consider , whether the conference which our commissioner desired for debating of what members the assemblie was to be constituted , and the matters which were principally to be discussed there ( with so much bitternes exclaimed against by them ) could in any construction or sense be taken for such a prelimitation of the assemblie , either in the members , matter , or manner of it , as these eight articles composed and commanded by their tables . in the second article , they set downe to everie presbyterie , a set forme of a commission to be made to their commissioners , which was never done before ; and at the assemblie , when the severall commissions were read , it was observed that all the commissions were the same verbatim , except a verie few from some presbyteries who would not be ruled by the table ; and gave power to their commissioners to continue no longer in the assemblie , then wee or our commissioner in our name should continue it : in the same article , they will have the presbyteries in their commissions to take it pro confesso , that the pretended and complained of innovations are , corruptions and disorders disturbing the peace , and tending to the overthrow of their religion and liberties within the reformed church of that realme : if this bee not to prejudge , and take that for granted , which was to be tried by the assemblie , whether it was so or not , viz. whether these things complained of were innovations and corruptions introduced in religion , we must leave it to the reader to judge . in the third article they appoint lay-men to sit in presbyteries , which had not beene done for above fortie yeares before ; nay , and these lay-men to be equall in number with the ministers , which is contrarie to their owne book of discipline alledged by them , which did then order that the ministers should alwayes exceed the number of the lay elders ; so that before this time they never were equall in number : nay , that these lay-men should have voices , not onely in the chusing of their own lay elder , but , which is insufferable , should have suffrage in the election of the three ministers commissioners for the assemblie , which they themselves do know was never heard nor practised in that church before , in the verie first and strictest times of reformation , nor ever since . in the fourth article they order a notable trick and device of their owne to bee put in practice , whereby they were ascertained , that no minister should bee chosen commissioner in any presbyterie where they had any power , but such as did undoubtedly concurre with them in their rebellious courses : for they appointed ( and accordingly it was practised ) that everie man suspected to bee of a different judgement from them , should presently bee processe and brought under the scandall of erroneous life or doctrine , and so made uncapable of being chosen commissioner ; according to which article there were verie few ministers in the kingdome , who had not subscribed their covenant , but they were presently suspended by their presbyterie , where they had voices to do it , or at the least put under processe by some one or other ▪ which could not be prevented ; for no man can bee denied an originall processe against any man whom he will implead : but yet this article left no evasion , if it should happen that such a one should be chosen commissioner , for in this case they ordered , that the rest who gave not voices should protest against the election , and complaine of it to the generall assemblie , where they were sure enough to processe him there , and lay him aside untill his processe should bee discussed ; which they did put in practise upon some ministers , who did not concurre in judgement with them at the first sitting downe of the assemblie . the sixth article is directly against the constitutions of their church then in force , and till then practised ; the moderator of the presbyterie being constantly one , as being most able to give an accompt to the assemblie of all presbyteriall actions . the seventh article gives order for practising the above mentioned equivocation , and enjoyneth them to make their elections before they received our answer , and that they repaire to edinburgh immediately after their election , that all the commissioners elected may consult before hand upon what was to be said or done at the assemblie ; which is in effect neither more nor lesse , then to receive directions from their tables how to carrie themselves at the assemblie , and indeed to preconveene and hold the assemblie at edinburgh before their meeting at glasgow . these were their publike instructions which they were not ashamed to avowe and send abroad from their tables , as it were by publike authoritie , to the severall presbyteries of that kingdome ; and whether they do not containe prelimitations of the assemblie , we shall leave it to the reader to judge : but whether , if we , our commissioner , or councell , had sent any such directions and instructions to the severall presbyteries , they would not have exclaimed against them as unsufferable prelimitations of that assemblie , and prejudgings of the liberties of the church of christ in that realme , wee do appeale even to their owne consciences . and yet these publike instructions are nothing to the private ones , which they durst not communicate to all their partie , but onely to some one laick , and one minister , their speciall confidents in every presbyterie , of which you shall heare more afterwards in their due place . notwithstanding all these discouragements , arising from the disorderly proceedings of the covenanters in the time of his absence , our commissioner the day after the time prefixed for his returne , viz. the . day of september . assembled our councell at our palace of holy-rood-house , and there first delivered unto them this letter from us , as followeth . apud holy-rood-house septemb. . . the which day james marquesse of hamiltoun his majesties commissioner , produced and exhibited before the lords of privie councell , the two missives underwritten , signed by the kings majestie , and directed to the said lords , which being read , heard , and considered by the said lords , they have ordained , and ordaines the same to bee inserted and registred in the bookes of secret councell , therein to remaine ad futuram rei memoriam , whereof the tenour followeth . charles r. right trusty &c. being certainly informed that the distractions which have happened of late , ( both in church and common-wealth ) in this our ancient kingdome of scotland , have much troubled the minds of many of our good and loyall subjects ; and that these distractions have beene occasioned upon jealousies and feares of innovation of religion and lawes , as tending to the introduction of poperie , and not without some suspicion , as if wee our selfe were inclined that way ; upon occasion whereof , many of our subjects have of late subscribed a band or covenant for preserving the true religion and lawes already established , and for defending the kings person , and each others , in defence thereof : but the same not being warranted by royall authority ( as that which was in our deare fathers time ) must needs of it selfe be ineffectuall ▪ and much prejudiciall to the ancient forme and custome of government kept within that our kingdome of scotland : wherefore wee , out of our inborne love to our said native countrie , and for obviating these conceived feares , and satisfying of you , and all our loving people , have thought good to ordaine the confession of faith , and band subjoyned thereto , of the date at edinburgh , januarie . . and signed by our royall father to bee renewed : and to that effect have given order to our commissioner , with advice of our councell , to set downe and settle some solid course , whereby the same may be subscribed by our councell , judges , magistrates of burroughes , and all other our people of that kingdome . and for further clearing of our selfe , wee declare , that as we are and ever have beene satisfied in our judgement and conscience for the reformed religion now established , and against the roman : so wee purpose , by gods grace , both to live and die in the practice thereof , and to preserve and maintaine the same in full strength and integritie , according to the lawes of that our ancient kingdome . what we have thought further fitting to be done at this time , concerning the particulars contayned in our subjects petitions ; you shall receive our full pleasure therein from our commissioner . and that this our declaration concerning our selfe , and our pious intention , for settling the reformed religion within that our kingdome may appeare to posteritie . our pleasure is , that these presents be registred in the books of councell . oatlands septem . . . this our letter being received by our councel with all submissive , joyfull , and thankfull acknowledgment , our commissioner made them further acquainted with the particulars of our grace and favour , for the appeasing of the troubles of that our kingdome , who ( upon hearing of the same ) were filled with excessive joy , as making full account that now malice it selfe could not finde the least pretence of keeping our people from being satisfied , all things which ever yet since the beginning of these troubles they had desired , being granted unto them . but so soone as some of our councellours , who were not onely covenanters in their heart , but the very heart of their covenant , had made some of the chiefe covenanting lords acquainted with the unexpected excesse of our favours towards our people , these lords , making full accompt that their reigne was upon the point of expiration if the people should understand our grace and favour , bestirred themselves with might and main to disperse rumours amongst them , that the newes brought home by our commissioner , importing our answer , did tend to the utter subversion of their religion and liberties ; that there was a new covenant to be set on foot by us , to destroy theirs , and that if they now did not resist , all they had done was quite undone and lost : after which , the principall of them came downe , first , to our commissioner , and then to our councell , requesting them , or indeed rather requiring them , that they would not subscribe the confession of faith , nor require it to be subscribed by others , by any authoritie from us , threatning in a manner , that if they did , they would repent it , and that a present rupture would follow : our commissioner and councell heard them twice fully , but found not the least ground of reason for the delay of the declaration of our grace and favour towards our people , as seeing it proceeded onely from an earnest desire in these lords to have it concealed from them ; and therefore resolved , and imparted unto the lords covenanters their resolution , that they would publish it that day , being saturday . the lords covenanters did then seeme to abate something of their requests , or rather demands , and desired our commissioner and councell to delay the publishing of our declaration onely untill the munday following , before which time , if they could not shew good reasons for the stopping of it , they would be content with the publication thereof : which motion of theirs wanted not seconding from some of our councell there present , who were indeed the first and chiefest of them : but our commissioner and councellours well and wisely foreseeing that this delay was desired , first , that these lords covenanters might have time to pen and prepare a protestation against this our gracious declaration , with the contents whereof some of our councellors ( heartie covenanters ) had made them acquainted ; which protestation could not be provided nor penned in the space of so few houres : secondly , that the lords covenanters made no question , but that the next day being sunday , their ministers in all the pulpits of edinburgh , by their subornation , should so conjure up the spirits of our people against our gracious declaration , as they should not be easily and readily laid againe : thirdly , that they might have time to dispatch messengers & poasts abroad with copies of their protestation , in all burroughs where our declaration was to be published , before , or as soone as our declaration could be sent to those places : for these important considerations , our commissioner and councell did declare unto these lords , after full hearing of them , that considering the invaliditie of their reasons to the contrarie ▪ our gracious declaration should be published that day at the crosse of edinburgh : and so accordingly our declaration that day was proclaimed , as here it followeth . charles , by the grace of god , king of scotland , england , france , and ireland , defender of the faith . to our lovits , messengers , our sheriffes , in that part conjunctly and severally specially constitute , greeting . forsomuch as the cause and occasion of all the distractions which have happened of late both in church and common-weale of this our kingdome , have proceeded from the conceived feares of innovation of religion and lawes : to free all our good subjects of the least suspition of any intention in us to innovate any thing , either in religion or lawes ; and to satisfie not onely their desires , but even their doubts , we have discharged , and by these presents do discharge the service booke , booke of canons , and high commission , and the practice of them , or any of them : and by these presents annulls and rescinds all acts of councell , proclamations , and other acts and deeds whatsoever , that have been made or published , for establishing them , or any of them , and declares the same to be null , and to have no force nor effect in time comming . and being informed , that the urging of the practice of the five articles of perth assembly , hath bred great distraction and division in the church and state , we have beene graciously pleased to take the same into our consideration ; and for the quiet and peace of church and state , doe not onely dispense with the practice of the saids articles , but also discharge , like as by these presents we discharge all and whatsoever persons from urging the practice thereof , upon either laicke or ecclesiasticall person whatsoever . and we do hereby free all our subjects from all censure and paine , whether ecclesiasticall or secular , for not urging , practising , or obeying the same , notwithstanding of any thing contained in the acts of parliament , or generall assembly to the contrary . and because it hath beene , to the disgrace of government , disperst and surmized throughout this our kingdome , that some of our subjects have exercised such illimited and unwarranted power , and have held themselves eximed from censure and punishment , to which others our subjects are lyable , we doe by these presents declare , that if any of our subjects , whether ecclesiasticall or civill , of whatsoever qualitie , title , or degree , have , or shall at any time presume to doe any such act , or assume to themselves any such exemption or power , that they shall , like as by these presents we make and ordaine them to be lyable to the triall and censure of parliament , generall assembly , or any other judicatories competent , according to the nature and qualitie of the offence . and for the free entry of ministers , that no other oath be administrate unto them then that which is contained in the act of parliament , and to give our subjects full assurance , that we never intend to admit of any change or alteration in the true religion alreadie established and professed in this our kingdome , and that all our good people may be fully and clearly satisfied of the realitie of our intentions towards the maintenance of the truth and integritie of the said religion , we have thought fit and expedient to injoine and authorize , like as we by these presents doe require and command all the lords of our privie councell , senatours of the colledge of justice , judges , and magistrates to burgh and land , and all our o●her subjects whatsoever , to subscribe and renew the confession of faith , subscribed at first by our deare father and his houshold , in the yeare of god . thereafter by persons of all rankes , in the yeare . by ordinance of the lords of secret councell , and acts of the generall assembly . subscribed againe by all sorts of persons in the yeare . by a new ordinance of councell at the desire of the generall assembly , with their generall band of maintenance of the true religion , and the kings person . and for that effect we doe require the lords of councell to take such course anent the foresaid confession and generall band , that it may be subscribed and renewed throughout the whole kingdome with all possible diligence . and because we will not leave in our subjects minds the least scruple or doubt of our royall intentions and reall resolutions , wee have given warrant to our commissioner to indict a free generall assembly , to be holden at glasgow the twenty first day of november , in this present yeare . and thereafter a parliament to be holden at edinburgh the fifteenth day of may anno . for settling a perfect peace in the church and common-weale of this kingdome . and because it is likely that the disorders and distractions which have happened of late , have beene occasioned through the conceived feares of innovation of religion and lawes , and not out of any disloyaltie or disaffection to soveraigntie , we are graciously pleased absolutely to forget what is past , and freely to forgive all by-gones to all such as shall acquiesce to this our gracious pleasure , and carry themselves peaceably as loyall and dutifull subjects , and shall ratifie and approve the same in our next ensuing parliament . and that this assembly may have the better successe , and more happy conclusion , our will is , that there be a solemne fast proclaimed and kept by all our good subjects of this kingdome , a foureteene dayes before the beginning of the said assembly : the causes thereof to be a begging a blessing from god upon that assembly , and a peaceable end to the distractions of this church and kingdome , with the aversion of gods heavie judgement from both . and our pleasure is , that this fast be kept in the most solemne manner as hath beene in this church at any time heretofore upon the most extraordinary occasion . our will is herefore , and we charge you straightly and command , that incontinent these our letters seen , ye passe , and make publication hereof by open proclamation at the market crosses of the head burrowes of this kingdome , where-through none pretend ignorance of the same . given at our court of oatlands , the ninth day of september . per regem . after this declaration was proclaimed , the confession of faith , as it was at the first commanded by our royall father , as also the band annexed for defence of the religion now established , and of our person and authoritie , with the subscriptions of our commissioner and councell to them both , doe here follow . the confession of faith of the kirke of scotland : subscribed at the first by the kings majesties umwhile dearest father , of blessed memory , and his houshold , in the yeer of god . thereafter by persons of all ranks , in the yeere of god . by ordinance of the lords of secret councel , and acts of the generall assembly . subscribed againe by all sorts of persons in the yeer . by a new ordinance of councel , at the desire of the general assembly : with the general band for maintenance of the true religion . and now renewed and subscribed again by his majesties speciall command , by the right noble marquesse , james , marquesse of hamiltoun , earle of arran and cambridge , lord even and evendail , his majesties high commissioner , and lords of secret councell undersubscribing . and that of and according to the date and tenor of the said confession of faith , dated in march . and of the band , dated in anno . wee all , and every one of us underwritten , protest , that , after long and due examination of our owne consciences , in matters of true and false religion , are now throughly resolved in the truth , by the word and spirit of god , and therefore we beleeve with our hearts , confesse with our mouths , subscribe with our hands , and constantly affirme before god and the whole world , that this only is the true christian faith and religion , pleasing god , and bringing salvation to man , which is now by the mercy of god , revealed to the world by the preaching of the blessed evangel . and 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 onely ground of our salvation ; as more particularly is expressed in the confession of our faith , stablished , and publikely confirmed by sundry acts of parliaments , and now of a long time hath been openly professed by the kings majestie , and whole body of this realme , both in burgh and land. to the which confession and forme of religion , wee willingly agree in our consciences in all points , as unto gods undoubted truth and verity , grounded onely upon his written word : and therefore wee abhorre and detest all contrarie religion and doctrine , but chiefly all kinde of papistrie in generall and particular heads , even as they are now damned and confuted by the word of god and kirke of scotland : but in speciall , we detest and refuse the usurped authoritie of that roman antichrist upon the scriptures of god , upon the kirk , the civill magistrate , and conscience of men : all his tyrannous lawes made upon indifferent things against our christian liberty ; his erroneous doctrine against the sufficiency of the written word , the perfection of the law , the office of christ , and his blessed evangel . his corrupted doctrine concerning originall sin , our naturall inability , and rebellion to gods law , our justification by faith onely , our imperfect sanctification and obedience to the law , the nature , number , and use of the holy sacraments . his five bastard sacraments , with all his rites , ceremonies , and false doctrine , added to the ministration of the true sacraments without the word of god. his cruell iudgment against infants departing without the sacrament . his absolute necessitie of baptisme . his blasphemous opinion of transubstantiation , or reall presence of christs bodie in the elements , and receiving of the same by the wicked , or bodies of men . his dispensations with solemne oathes , perjuries , and degrees of marriage forbidden in the word . his crueltie against the innocent divorced . his divellish masse . his blasphemous priesthood . his profane sacrifice for the sinnes of the dead and the quicke . his canonization of men , calling upon angels or saints departed , worshipping of imagerie , reliques , and crosses , dedicating of kirks , altars , dayes , vowes to creatures . his purgatory , praiers for the dead , praying or speaking in a strange language , with his processions and blasphemous letanie , and multitude of advocates or mediatours , his manifold orders , auricular confession . his desperate & uncertaine repentance . his generall and doubt some faith . his satisfactions of men for their sins . his justification by works , opus operatum , works of supererogation , merits , pardons , peregrinations , and stations . his holy water , baptising of bells , conjuring of spirits , crossing , sauing , anointing , conjuring , hallowing of gods good creatures , with the superstitious opinion joyned therewith . his worldly mornarchy , and wicked hierarchy . his three solemne vowes , with all his shavellings of sundry sorts . his erroneous and bloudy decrees made at trent , with all the subscribers and approvers of that cruell and bloudy band , conjured against the kirke of god. and finally , we detest all his vaine allegories , rites , signes , and traditions brought in the kirk , without , or against the word of god , and doctrine of this true reformed kirk . to the which wee joyn our selves willingly , in doctrine , faith , religion , discipline , and use of the holy sacraments , as lively members of the same , in christ our head : promising and swearing , by the great name of the lord our god , that we shall continue in the obedience of the doctrine and discipline of this kirk , and shall defend the same , according to our vocation and power , all the dayes of our lives , under the paines contained in the law , and danger both of body and soule in the day of gods fearfull judgement . and seeing that many are stirred up by satan and that roman antichrist , to promise , sweare , subscribe , and for a time use the holy sacraments in the kirk deceitfully , against their owne consciences , minding hereby , first , under the externall cloak of religion , to corrupt and subvert secretly gods true religion within the kirk , and afterward , when time may serve , to become open enemies and persecuters of the same , under vaine hope of the popes dispensation divised against the word of god , to his greater confusion , and their double condemnation in the day of the lord jesus : we therefore , willing to take away all suspition of hypocrisie , and of such double dealing with god and his kirk , protest , and call the searcher of all hearts to witnesse , that our minds and hearts do fully agree with this our confession , promise , oath , and subscription : so that we are not moved for any worldly respect , but are perswaded only in our consciences , through the knowledge and love of gods true religion , printed in our hearts by the holy spirit , as we shall answer to him in the day when the secrets of all hearts shall be disclosed . and because wee perceive , that the quietnesse and stability of our religion and kirk doth depend upon the safety and good behaviour of the kings majestie , as upon a comfortable instrument of gods mercie granted to this countrey , for the maintenance of his kirk , and ministration of justice amongst us , we protest and promise with our hearts under the same oath , hand-writ , and paines , that we shall defend his person and authority , with our geare , bodies , and lives , in the defence of christ his evangel , liberties of our countrey , ministration of justice , and punishment of iniquity , against all enemies within this realme , or without , as we desire our god to be a strong and mercifull defender to us in the day of our death , and comming of our lord jesus christ : to whom , with the father , and the holy spirit , be all honour and glory eternally . amen . wee under-subscribing , and considering the strait linke and conjunction betwixt the true and christian religion presently profest within this realme , and soveraigne lords estate and standing , having both the selfe same friends and common enemies , and subject to the like event of standing and decay , and weighing therewithall the imminent danger threatned to the said religion , the preservation whereof being dearer to us then whatsoever we have dearest to us in this life ; and finding in his majestie a most honourable and christian resolution , to manifest himselfe to the world that zealous and religious prince which he hath hitherto professed ; and to imploy the meanes and power that god hath put into his hands , as well to the withstanding of whatsoever forraigne force shall meane within this land , for alteration of the said religion , or endangering of the present state , as to the repressing of the inward enemies thereto amongst our selves , linked with them in the said antichristian league and confederacie ; have therefore in the presence of almightie god , and with his majesties authorising and allowance , faithfully promised , and solemnely sworne , like as hereby we faithfully and solemnly sweare , and promise , to take a true , effauld , and plaine part with his majestie amongst our selves , for diverting of the appearing danger threatned to the said religion , and his majesties state and standing , depending thereupon , by whatsoever forraigne or intestine plots or preparations . and to that effect , faithfully , and that upon our truth and honours , binde and oblige us to others , to conveene and assemble our selves publikely , with our friends in arms , or in quiet manner , at such times and places as we shall be required by his proclamations , or by writ or message direct to us from his majesty , or any having power from him , and being conveened and assembled , to join and concurre with the whole forces of our friends and favourers , against whatsoever forraigne or intestine powers or papists , and their partakers , shall arrive or rise within this iland , or any part thereof , ready to defend or pursue , as we shall be authorised and conducted by his majesty , or any others having his power and commission , to join and hold hand to the execution of whatsoever mean or order shall be thought meet by his majesty , and his councell , for suppressing of the papists , promotion of the true religion , and setling of his highnesse estate , and obedience in all the countries and corners of this realme , to expound and hazzard our lives , lands , and goods , and whatsoever meanes god hath lent us , in the defence of the said true and christian religion , and his majesties person and estate , against whatsoever jesuites and seminarie or masse-priests , condemned enemies to god and his majestie , to their utter wracke and exterminion , according to the power granted to us by his majesties proclamation , and acts of parliament : to try , search , and seeke out all excommunicates , practisers , and others papists whatsoever , within our bounds and shire where we keepe residence , and dilate them to his highnesse and his privie councell , and conforme us to such directions , as from time to time we shall receive from his majestie and his councell in their behalfes . and specially so many of us as presently are , or hereafter shall be appointed commissioners in every shire , shall follow , pursue , and travaile by all meanes possible , to take and apprehend all such papists , apostates , and excommunicates , as we shall receive in writ from his majesty . and we , the remanent within that shire , shall concurre and assist with the saids commissioners with our whole friends and forces , to that effect , without respect of any person whatsoever . and generally to assist in the meane time , and defend every one of us another , in all and whatsoever quarrels , actions , debates , moved , or to be moved against us , or any of us upon action of the present band , or other causes depending thereupon . and effauldly joine in defence and pursuit against whatsoever shall offer or intend any injury , or revenge against any one of them for the premises , making his cause and part that is pursued , all our parts ; notwithstanding , whatsoever privie grudge , or displeasure standing betwixt any of us , which shall be no impediment or hinder to our said effauld joyning in the said common cause ; but to lye over , and be misknown , till they be orderly removed , and taken away by the order under-specified . to the which time , we for the better furtherance of the said cause and service , have assured , and by the tenour hereof , every one of us taking the burden upon us for our selves , and all that we may let , assure each other to be unhurt , unharmed , or any wayes to be invaded by us , or any our foresaids for old feid or new , otherwise then by ordinary course of law and justice : neither shall we , nor any of our foresaids make any provocation , or tumult , trouble or displeasure to others in any sort , as we shall answer to god , and upon our honours , and fidelitie to his majestie . and for our further and more heartie union in this service , we are content and consent , that all whatsoever our feids and variances fallen , or that may fall out betwixt us , be within fortie dayes after the date hereof amicably referred and submitted to seven or five indifferent friends , chosen by his majestie of our whole number , and by their moderation and arbitrement componed and taken away . and finally , that we shall neither directly , nor indirectly separate nor with-draw us from the union and fellowship of the remanent , by whatsoever suggestion or private advice , or by whatsoever incident regard , or stay such resolution as by common deliberation shall be taken in the premises , as we shall answer to god upon our consciences , and to the world upon our truth and honours , under the pain to be esteemed traitours to god and his majestie , and to have lost all honour , credit , and estimation in time comming . in witnesse whereof , by his majesties speciall command , allowance , and protection promised to us therein , we have subscribed these presents with our hands . at . we james marquesse of hamiltoun , earle of arran and cambridge , lord even and evendail , his majesties high commissioner , and lords of his majesties privie councel undersubscribing , by vertue , and conform to a warrant and command , signed by his sacred majesty , of the date of sept. . . and registrate in the bookes of councell upon the . day of the said month , swear , and with our hearts and humble and true affections to gods truth , and to his sacred majesty , subscribe the confession of faith , of & according to the date and tenour above specified : and also renew , swear , and subscribe the foresaid general band of the tenor abovewritten , for preservation of the true religion , and maintenance of his sacred majesties authoritie , according to the tenor thereof , and siclike , as amply as the same was conceived in favours of his majesties umwhile blessed father of eternall memorie , by the said band. in witnesse wherof , we have subscribed these presents with our hands , at holy-rood-house septemb. . . sic subscribitur , hamiltoun , traquair , roxburgh , mairsheall , mar , murray , linlithgow , perth , wigtoun , kingorne , tullibardin , hadingtoun , annandaill , lauderdaill , kinnoull , dumfreis , southesk , belheaven , angus , lorn , elphinstoun , naper , dalyell , amont , j. hay , s. thomas hope , s.w. elphinstoun , ja. carmichael , j. hamiltoun , blackhall . at the same time was a proclamation made for the indiction of the generall assembly , which was this . at holy-rood-house the . day of september . forsomuch as it hath pleased the kings majestie , out of his pious and religious disposition to the true religion , and out of his fatherly care , for removing of all feares , doubts , and scruples , which may arise in the mindes of his subjects , for preservation of the puritie thereof , and upon divers great and weightie considerations , importing the glory of god , the peace of the kirke and common-weale of this kingdome , to appoint and give order , that a free generall assembly be indicted , kept , and holden at the citie of glasgow the . of november next : therefore the lords of secret councell ordaines letters to be direct , charging maissars , and officers of armes , to passe and make publication hereof by open proclamation at the market crosse of edinburgh , and the head burrowes of this kingdome , and other places needfull . and to warne all and sundry archbishops , bishops , commissioners of kirkes , and others having place and vote in the assembly , to repaire and addresse to the said citie of glasgow the said one and twentieth day of november next to come , and to attend the said assembly induring the time thereof , and aye and while the same be dissolved , and to doe and performe all which to their charges in such cases appertaineth , as they will answer to the contrarie at their highest perill . immediately after that , this proclamation was made for the indiction of the parliament . at holy-rood-house the . day of september . forsomuch as it hath pleased his majestie , out of his pious and religious disposition to the true religion , and out of his fatherly care for removing of all feares , doubts , and scruples which may arise in the mindes of his subjects , for preservation of the puritie thereof , and upon divers other great and weighty causes , importing the glory of god , the peace of the kirk and common-weale of this kingdome , to appoint and give order , that the soveraigne and high court of parliament shall be holden at the citie of edinburgh upon the . day of may next to come , with continuation of dayes : therefore the lords of secret councell ordain letters to be direct to maissars and officers of arms charging them to passe to the market crosse of edinburgh , and other places needfull , and there by open proclamation to make publication of the holding of the said parliament , and to warne all and sundry noblemen , prelates , and commissioners for the barons , and burrowes , and all others having voice and place in the said parliament , that they and every one of them , in their most decent and comely manner , make their addresse to the said parliament , attend and await thereat during the time thereof , and to discharge that duty which is incumbent to them and each one of them , as they will answer on the contrary at their perill . and last of all was published and proclaimed first the act of the lords of our councel for requiring all our subjects to subscribe the said confession of faith and band annexed , which here followeth . at holy-rood-house the . day of september anno . the which day a noble earle , james marquesse of hamiltoun , earle of arran and cambridge , his majesties commissioner , having produced and exhibit before the lords of secret councell , upon the twenty second day of this instant , a warrant signed by his majestie , of the date the ninth of september instant ; wherein among others of his majesties gracious and royall expressions for preservation of the purity of religion , and due obedience to his majesties authoritie in the maintenance thereof , his majestie did will and ordaine that the lords themselves should sweare the confession and generall band mentioned in his majesties said warrant , and also should take such order , as all his majesties lieges may subscribe the same . and the said lords of secret councell , acknowledging his majesties pious and gracious disposition and affection to the purity of gods truth , did upon the . day of september instant , unanimously and with all humble , hearty , and sincere affection , sweare and subscribe the confession of faith , dated the second of march . according as it was then profest within this kingdome : together with the foresaid generall band dated in anno . and now to the effect that all his majesties lieges may give the like obedience to his majesties so pious desire , therefore the said lords have ordained and ordaines all his majesties lieges , of whatsoever estate , degree or qualitie , ecclesiasticall or civill , to sweare and subscribe the said confession , dated the second of march . and that according to the said date and tenour thereof , and as it was then profest within this kingdome : together with the said generall band , dated in anno . as they will answer at the contrarie upon their obedience . and ordaines officers of armes to passe to the market crosse of edinburgh , and make publication hereof , and at all other places needfull , wherethrough none pretend ignorance of the same . and next after that was proclaimed the commission of the lords of our councell , whereby they appointed and designed severall commissioners for requiring and taking the subscriptions of our subjects to the said confession and band annexed , throughout the severall shires within the kingdome , which here followeth . at holy-rood-house the . day of september anno . forsomuch as a noble marquesse , james marquesse of hamiltoun , earle of arran and cambridge , his majesties commissioner , and the lords of secret councell , by an act of the date of the twenty second of this instant , have by speciall warrant of his sacred majestie , sworne and subscribed , with all humble and heartie affection and unanimously , the confession of faith , dated the second of march . and at length insert in the bookes of privie councell , of and according to the said date and tenour thereof , and according as it was then profest within this kingdome : together with the generall band insert therewith in the said bookes of privie councell , dated in anno . like as also the said lords of councell , by their act of the date of these presents , acknowledging his majesties pious and gracious disposition and affection to the puritie of gods truth , and as thereby they conceive themselves bound in conscience and humble dutie to use and follow forth all possible diligence , for procuring the subscriptions of all his majesties lieges thereto . and to this effect , have thought fit that the care and diligence in procuring thereof , be committed to some of his majesties councell , and others of the nobilitie and gentrie within the severall sheriffedomes and provinces of the kingdome , in manner after specified : therefore the said lord commissioner , and lords of secret councell , give power , warrant , and commission to such of their number , and others after-following , within the bounds after specified , viz. for the sheriffedome of edinburgh principall , william earle of lothiane , archibald lord naper , s. john dalmahoy of that ilke , s. george towers of innerleith . for the burgh of edinburgh , the provost and baillies of edinburgh , that are , or shall be for the time . for east-lothiane robert earle of roxburgh , lord privie seale , thomas earle of hadintoun , john earle of lauderdaill , harrie lord ker , s. patrick murrey of elibanke , s. patrick hepburne of wauchtoun , and james maxwel of innerweik . for the stewartie of dalkeith , john earle of traquair , lord treasurer , william earle of dalhoussie , and s. james macgill of cranstonriddell . for the sheriffedome of peebles , and ettrick forrest , the said lord treasurer , and john lord yester . for the sheriffedome of selkirke , the said lord treasurer , the earle of hadintoun , s. william scot of harden , and generall ruthven . for the sheriffedome of roxburgh , the lord privie-seale , the earle of lauderdaill , the lord ker , s. andro ker of greenhead , s. william dowglas sheriffe of tiviotdaill , and s. thomas ker of cavers . for the sheriffedome of bervick , the said lord privie-seale , james earle of home , the earles of hadintoun and lauderdaill , and laird of blacader . for the sheriffedome of fyffe , john earle of rothes , charles earle of dumfermeline , john earle of annandaill , john earle of wemes , lord fentoun , john lord lindsey , david lord balcarres , s. thomas hope of craighall knight baronet , his majesties advocate , s. alexander gibson of durie , sir james learmonth of balcolmie , and s. andrew murrey of balvaird . for the sheriffedome of linlithgow , alexander earle of linlithgow , james lord amont , s. john hammiltoun of orbeston justice clerk , dundas of that ilk , and m. george dundas of manner . for the sheriffedome of lanerk , john earle of wigtoune , archibald lord angus , lord fleeming , robert lord dalyell , s. william elphinstoun chiefe justice , sir james carmichaell of that ilk treasurer depute , the said justice-clerke , s. james lokhart younger of lee , francis douglas of sandelands , gawin hamiltoun of raploche , s. james hamiltoun of broom-hill , robert hamiltoun of torrence , and alexander hamiltoun of hags sheriffe . for the sheriffedome of striveling , john earle of mar , william earle of airth , john earle of montrose , alexander earle of linlithgow , john earle of wigtoun , john lord flemming , alexander lord elphinstoun , james lord amont , and s. william murray of polmais . for the sheriffedome of dumfreis , william earle of queinsberrie , master of dalyell , the laird of lag , william maxwell of kirkhouse , and john dalyell of newtoun . for the sheriffdome of clackmannan , the said earle of mar , s. robert bruce of clackmannan , s. thomas hope younger of cars sheriffe . for the sheriffedome of wigtoun , john earle of cassils , alexander earle of galloway , sir john hamiltoun elder and younger of barganie , s. patrick mackie of larg , john murrey of broughton . for the sheriffedome of air , alexander earle of eglintoun , alexander earle of glencarne , john earle of cassils , william earle of dumfreis , william lord crichton , john lord lowdoun , the lairds of barganie elder and younger , the lairds of gastoun and cragiewallace . for the sheriffedome of renfrew , alexander earle of glencarne , robert vicount of belheaven , s. archibald stewart of black-hall , the laird of howston and bryce sempill of cathcart , s. robert dowglas of blaikester , and s. john maxwell of pooke . for the sheriffedome of dumbartan , argile , and carbet , the said earles of montrose and wigtoun , the lords lorn & flemming , s. george stirline of keir , and s. william stewart captaine of the castle of dumbartane . for the sheriffedome of perth , stewartries of monteith and strathern , the earls of airth , montrois , atholl , perth , tullibardin , and kinnoul , mungo vicount of stormont , the lairds of keir and lawers elder and younger , the lairds of duncrub elder and younger , and blair of baltheiock . for the sheriffedome of forfar , the earls of montrois , kingorn , and southesk , the lords carnaegie and ogilvie , the master of spynie , patrick maule of panmure , the constable of dundie , s. andro fletcher of innerpeffer , the lairds of din , ethie , balnamoune , aldbar , bonnyton , lethintie , and innerquharratie . for the sheriffdome of the mernes , the earles of mairshall and southesk , the lord carnegie , s. thomas burnet of leyes , the lairds of glenbervie , arbuthnet , morphie , balmoyne , and halkerton elder . for the sheriffedome of aberdene , the marquesse of huntly , the earles of mairshall and kingorne , the earle of kingorne for himselfe , and as tutor to the earle of erroll , the lords forbes and fraser , and laird of drum. for the sheriffedome of banff , the marquesse of huntly , the earls of mairshall and finlatter . for elgine and forres , the earle of murray , the laird of innes , brodie of that ilk , and dumbar , sheriffe of murrey . for the sheriffedome of innernesse , the marquesse of huntly , the earle of seafort , the lord lovatt , the lairds of grant and makintosh . for the sheriffedomes of caithnes and sutherland , the earles of sutherland , caithnes , and seafort , the master of berridail , and s. robert gordoun . for orkney and zetland , the earle of cariet , s. john buchannan of scotiscraig , and will. stewart of maynes . for the sheriffdom of bute , the lord lorn and sheriff of bute . for the iles , the lord lorn . with power to them conjunctly and severally to passe to the severall bounds above-written , at such times & places as they shall think fit , and there to exhibit the said confession of faith and generall band above-specified , marked and subscribed by the clerk of councell , and to require all his majesties lieges , of whatsoever rank and qualitie , to subscribe the said confession of faith , dated march . . according to the said date and tenour thereof , and as it was then profest within this kindgdome together with the generall band dated in anno . as they will be answerable to his majesty and the said lords , upon their dutie and obedience : and to make report of their said diligence betwixt and the thirteenth day of november next . and because many did conceive , though falsly that these pretended innovations had made some alteration in the religion which was sworne at the first in the said confession , our commissioner and councell knowing well that suggestion to be made by those who were enemies to all peace , and onely to that end that our subjects might be kept from returning to their obedience , did declare most truly and justly that our intention ; and so accordingly the oath which they had now taken was to defend the true religion and confession of faith as it was professed in that kingdome , and sworne unto in the yeare of our lord . by which they did assuredly conceive that all our good people would rest fully satisfied . the act of councell containing that short explication here followeth . apud holy-rood-house . septembris anno . the which day a noble marquesse , james marquesse of hammiltoun , earle of arran and cambridge , his majesties commissioner , and lords of secret councell , in all humble and heartie affection unanimously swore , and subscribed the confession of faith above-written , dated . march . according as it was then profest within this kingdome : together with the generall band above specified , dated in anno . whereupon s. thomas hope of craighall , his majesties advocate , in his majesties name asked instruments . with all these our gracious proceedings the lords of our councel were so fully satisfied themselves , that they did verily beleeve that there would remaine no more scruples in the minds of our good subjects , and that nothing now could keep them from a cheerfull and thankfull returning to their former obedience . their own resentment and satisfaction they testified both by an act of councell , and a particular letter directed to us for that purpose , which here do follow . the act of councell . the lords of secret councell having read and maturely considered his majesties letters , and particular declaration of his pleasure anent the annulling of the service book , book of canons , and high commission , discharging the pressing of the practice of the five articles , making all persons , ecclesiastick and civill , of what title or degree soever , lyable to the tryall and censure of parliament , generall assembly , and other judicatories competent , anent the not administrating to ministers at their entry any other oath then that which is contained in the act of parliament anent the subscribing and renewing the confession of faith , subscribed by his majesties father of blessed memory , and his houshold , in anno . and band following thereupon , anent the indiction of a generall assembly , to be holden at glasgow the . day . of november , . and parliament at edinburgh the . of may , . and anent his gracious goodnesse in forgetting and forgiving all by-gones , and indiction of a fast for craving of gods blessing to this assembly ; find themselves so fully satisfied therewith , and the same to be so satisfactory for removing all the feares of the subjects anent innovation of religion or lawes , that we hold our selves bound in duty , not only to acquiesce therewith , as the best meane to secure both religion and lawes , but also to use our best endevours that all his majesties good subjects may likewise rest satisfied therewith : and that they with us , and we with them , may testifie our thankfulnesse for so great a grace and goodnesse with all the heartie expressions of dutifulnesse and loyalty ; and that our true sense hereof may the more clearly appeare to our sacred soveraigne , wee doe by these humbly and heartily make offer of our lives and fortunes in the defending and assisting of his majesties sacred person and authority , in the maintenance of the foresaid religion and confession , and repressing of all such as shall hereafter presse to disturbe the peace of this kirk and kingdome . in witnesse whereof we have heartily and freely subscribed these presents with our hands . at holy-rood-house the . day of september , . sic subscribitur . hammiltoun . traquaire , roxburgh , mairsheall , mar , murray , linlithgow , perth , wigtoun , kingorne , tullibardin , hadington , annandail , lauderdail , kinnoul , dumfreis , southesk , belheaven , angus , lorne , elphinstoun , naper , dalyell , amont , j. hay , s. thomas hope , s.w. elphinstoun , ja. carmichael , j. hammiltoun , blackhall . the letter of our councel . most sacred soveraigne , if ever faithfull and loyall subjects had reason to acknowledge extraordinarie favours , shown to a nation , and in a most submissive and heartie manner give reall demonstrations of the grace vouchsafed ; then doe we of your majesties councell , of this your ancient kingdome , unanimously professe , that such acts of clemency vouchsafed us , cannot proceed from any prince , saving him who is the lively image on earth of the great god authour of all goodnesse . for return of so transcendent grace , fortified with the reall expression of unparallel'd pietie , royall inclination to peace , and universall love , not onely to those of our number , but likewise to all your majesties loyall subjects , wee doe all in one voyce , with all resentment can bee imagined , in all humility render our most bounden thankes , and offer , in testimonie of our full satisfaction and acquiescence herewith , to sacrifice our lives and fortunes in seconding your sacred majesties commandements , and repressing all such as shall hereafter preasse to disturbe the peace of the kirk and kingdome . and for some small signification of our alacritie and diligence in your sacred majesties service , we have all , without the least shadow of any scruple , subscribed the confession of faith and band appointed to be received by all your majesties loyall subjects , sent the act passed in councell , with our other proceedings , which wee doe most humbly represent to your royall view . and wee beseech your majestie to be pleased , to be perswaded of the unviolable devotion of all here subscribers , who doe all in all humilitie pray for your majesties most happie and flourishing reigne . sic subscribitur . hammiltoun , traquair , roxburgh , mairsheall , mar , murray , linlithgow , perth , wigtoun , kingorne , tullibardin , hadintoun , annandaill , lauderdaill , kinnoull , dumfreis , southesk , belheaven , angus , lorn , elphinstoun , naper , dalyell , amont , j. hay , s. thomas hope , s.w. elphinstoun , ja. carmichael , j. hammiltoun , blackhall . it is not for men to judge of other mens hearts , and of their secret desires , but we doe challenge the most rigid covenanters to name any one particular ever desired by them , in any of their supplications , remonstrances , protestations , declarations , written or printed , exhibited to us , our commissioner , or councell , which is not in this our gracious declaration granted to our people : for not onely all and every one of their particular grievances any way petitioned against by them , are hereby discharged and removed , but even the two generall things , which they made the people beleeve was the summe of all their desires and expectations , viz. a free generall assembly and a parliament are indicted , and in that order upon which they stood so earnestly , first the assembly , and then the parliament : and besides all these , their owne confession of faith , the ground as they pretend , of their covenant renewed and established . who would not now have expected a happie period to all the distractions of that kingdome , upon this our gracious assenting to all their owne desires ? but the divellish obstinacie and malice of those factious spirits , who did see that all their designes were utterly defeated , and that their hopes for compassing of them were now a bleeding and drawing their last breath , if they could not finde some meanes to blindfold our peoples eyes , and so keepe them from discerning and acknowledging our grace and goodnesse towards them : they presently before the houre that this our declaration was to be proclaimed , filled our peoples minds and eares with fearfull expectations of most terrible things to be delivered in this our proclamation , and so destructive of the lawes and liberties of that church and kingdome , especially of their late sworne covenant , that presently they wrought the people to a detestation of our declaration , before they knew what it was : they presently erected a large scaffold under the crosse where our proclamation was to be made , upon which were mounted , not one or two from every table , to protest in the name of the rest , as heretofore they had done , but a great number of earles , lords , gentlemen , and others , with their swords in their hands , and hats on their heads ▪ not without jeering and laughing during all the time of our proclamation ; which no sooner was ended , but with a most insolent and rebellious behaviour they assisted one johnston in reading of a most wicked , treasonable , and ignorant protestation , which within few dayes after they printed and we doe here insert , as being confident that all subjects in the world who shall come to read it , will abhorre and detest it , if ever they did feele in their owne hearts the least touch or taste of a princes favour and clemencie , or carry any affection to loyaltie , justice , and government : the very reading of it will bring every good subject and religious honest man so farre out of love with it , as it needeth no further confutation then the very perusall of it : for who can endure to heare scripture so grossely abused , the holy name of god so solemnely invocated as a witnesse to such notorious falshoods ; to their rebellious courses and covenant those attributes of infallibilitie given , which are onely proper to the sacred scripture ; and royall authoritie affronted with such peremptorie asseverations , ignorant and senslesse reasons , the falshood and inconsequence whereof must needs appeare upon first view to any one who shall cast his eye upon them ? the protestation followes , thus . the protestation of the noblemen , barons , gentlemen , burrows , ministers , and commons , &c. wee noblemen , barons , gentlemen , burgesses , ministers , and commons , his majesties true and loyall subjects , that whereas our continuall supplications , complaints , articles , and informations , presented , first , to the lords of his majesties privie councell ; next , to his sacred majestie , and last , from time to time to his majesties commissioner , our long attendance and great patience this twelve-month bygone , in waiting for satisfaction of our most just desires , our zeale to remove all rubs out of the way , which were either mentioned unto us , or could be conceived by us , as hinderances of our pious intentions , aiming at nothing but the good of the kingdome , and preservation of the kirk , which by consumption or combustion is likely to expire ; delighting to use no other meanes but such as are legall , and have beene ordinarie in this kirk since the reformation , and labouring according to our power and interesse , that all things might be carried in a peaceable manner , worthy of our profession and covenant , our protestation containing a hearty thanksgiving for what his majesty in his proclamation from his justice had granted of our just desires ; and our protests and hopes for so much as was not as yet granted . all these made us confidently to expect from his majestes royall and compassioned disposition towards this his native kingdome , that a free generall assembly and parliament should have beene indicted , as the ordinary and most proper remedies of our grievances , and did constraine us to renew our petition , earnestly intreating , that his majesties commissioner would be pleased to represent unto his majesty the condition of this kirk and kingdome , crying in an extreme exigencie for present helpe , with the lawfulnesse of the remedies prescribed by his majesties lawes , required by us , and presented to him in some particular articles , which his grace promised to recommend to his majestie , and to doe his best endeavours for obtaining the same ; especially the first article , that there might be indicted a full and free generall assembly , without prelimitation , either in the constitution and members thereof , in the order and manner of proceeding , or in the matters to be treated : and if there should be any question or doubt about one of these , or such like particulars , that the determination thereof might be remitted to the assembly it selfe , as the only proper and competent judge . and now , after so many supplications , complaints , articles , and informations ; after our necessary protestation , expressing the humble thankfulnesse and continued desires of our hearts ; after so long expectation and so much dealing , having with open eares , and attentive minds heard his majesties proclamation , it is our desire , purpose , and endevour so to proceed , that we may upon the one part still be thankfull to god and the king , for the least blinke of his majesties countenance , and the smallest crums of comfort that fall unto us from his majesties royall hands ; beseeching the lord yet further to enlarge his majesties heart , for our full satisfaction and rejoycing , to the honour of god , the good of this kirk and kingdome , and his majesties never dying fame and glory ; that his wise government and zeale to the service of god , may be a measure and pattern of desires to all generations hereafter , when they shall be wishing for a religious and righteous king : and on the other part , that christ our lord , the king of kings , through our neglect or luke-warmnesse may want no part of his soveraignty and dominion , and that in our religion , which is more dear unto us then our lives , we deceive not our selves , with that which cannot satisfie and make up the breach of this kirke and kingdome , or remove our feares , doubts , and suspicions , of the innovations of religion : this hath made us to observe , and perceive , that his majesties proclamation doth ascribe all the late distractions of this kirke and common-wealth , to our conceived feares of the innovation of religion and law , as the cause and occasion thereof , and not to the innovations themselves , with which we have beene for a long time , and especially of late , heavily pressed and grieved ; as if the cause were rather in apprehension and fancie , then in reality and substance . that the service book and booke of canons are not so far discharged by this proclamation , as they have beene urged by preceding proclamations ; for this proclamation onely dischargeth the practice of them , and rescinds the acts made for establishing their practice , but doth not rescind the former proclamations ; namely , that of the . of february at stirling , and that of the fourth of july at edinburgh , which give an high approbation to these books , as fit meanes to maintaine religion , and to beat down all superstition ; and withall declares his majesties purpose , to bring them into this kirk in a faire and legall way : and thus both our feares that they may be introduced hereafter , must still remaine ; and the libertie of the generall assembly , by such a declaration of his majesties judgement , is not a little prejudged in the minds of so many as wisely consider and compare the preceding proclamations with this which we now heare , although others who looking upon one step and not upon the whole progresse , run on rashly , and , neither considering what they are doing , nor with whom they are dealing , may be easily deceived , qui pauca videt , citò judicat , a short sight maketh a sudden judgement . that it is declared in this proclamation , that his majesty neither intendeth to innovate any thing in religion or lawes , or to admit of any change or alteration in the true religion already established and professed in this kingdome : and withall , this is interposed , that the articles of pearth are established by the acts of parliament and generall assembly , and dispensation of the practice only granted , and discharge given , that no person be urged with the practice thereof ; and consequently , his majesties intention for the standing of the acts of the assembly and parliament , appointing the articles of pearth , is manifest ; which is no small prejudice to the freedome of the generall assembly , that while the proclamation ordaineth all his majesties subjects to be liable to the triall and censure of the judicatories competent , and that none of them shall use any unlimited and unwarranted power ; likewise that no other oath be administred to ministers at their entrie , then that which is contained in the act of parliament ; in both these articles the bishops are meaned , who are only thereby for the present curbed , against their exorbitancie and enormities in exercing their office : but the office of bishops is thereby not only presupposed as unquestionable , but also so strongly established , that his majestie declareth , for the present , his intention , to admit no innovation therein : which is more evident by the indiction of the parliament , warning all prelats to be present , as having voice and place in parliament ; and by the indiction of the assembly , warning all archbishops and bishops ( for so are their divers degrees and offices ecclesiasticall here designed and supposed ) to be present , as having place and voyce in the assembly , contrary to the caveats , acts of the kirk , and our declinator : and thus a third and great limitation is put upon the generall assembly . the proclamation , by reason of these many reall limitations , and prejudices of the liberty of the assembly in the very points which have wrought so much woe and disturbance in this kirk and kingdome , and wherein the liberty of the assembly is most usefull and necessary at this time , can neither satifie our grievances and complants , nor remove our feares and doubts , nor cannot ( without protestation ) be admitted by us his majesties subjects , who earnestly desire that truth and peace may be established ; and that for the reasons following . . to keepe silence in any thing that may serve for the good of the kirk , whether it be in preaching , prayer , or in proposing and voyceing in a lwfull assembly of the kirke , is against the word of god. esai . . . yee that are the lords remembrancers , keepe not silence , and give him no rest till he establish , and till he make jerusalem a praise in the earth . . king. . . like the halting of the people betweene two opinions , and their not answering a word , when the lord called them to give a testimony . act. . . i have keeped backe nothing that was profitable unto you : and againe , cor. . . mat. . . rom. . . revel . . . . and . : and therefore to keepe silence , or not to meddle with corruptions , whether in doctrine , sacraments , worship or discipline , in a generall assembly of the kirk , conveened for that end , were the ready way to move the lord to deny his spirit unto us , and to provoke him to wrath against our proceedings , and might be imputed unto us for prejudice , for collusion , and for betraying our selves and the posterity . . this predetermination is against our supplications and protestations , wherein we have showne our selves so earnest for a free generall assembly , contrary to every limitation of this kind , so far prejudging the liberty thereof , is against the confession of faith registrated in the parliament . declaring that one cause of the councels of the kirk is for good policie and order to be observed in the kirk , and for to change such things as men have devised when they rather foster superstition then edifie the kirke , using the same ; and is against our late confession , wherein we have promised to forbeare all novations till they be tryed , which obligeth us to forbeare now , and to try them in an assembly , and by all lawfull meanes ▪ to labour to recover the former purity and liberty of the gospel , to which this limitation is directly repugnant , our liberty in a generall assembly being the principall of all lawfull meanes serving to that end . . this were directly contrary to the nature and ends of a generall assembly , which having authority from god , being conveened according to the lawes of the kingdome , and receiving power from the whole collective body of the kirke , for the good of religion , and safety of the kirke ; whatsoever may conduce for these good ends in wisedome and modestie should be proponed , examined , and determined without prelimitation , either of the matters to be treated , or of the libertie of the members thereof . it being manifest , that as farre as the assembly is limited in the matters to bee treated , and in the members to be used , the necessary ends of the assembly , and the supreme law , which is the safety of the kirke , are as far hindered , and pre-judged . this limitation is against the discipline of the kirke , which booke . chap. . declareth this to be one of her liberties , that the assembly hath power to abrogate and abolish all statutes and ordinances concerning ecclesiasticall matters that are found noysome and unprofitable , and agree not with the time , or are abused by the people , and against the acts of the generall assembly . like as the pretended assembly . declareth for the common affaires of the kirk ( without exception or limitation ) it is necessary that there be yearly generall assemblies , and what order can be hoped for hereafter , if this assembly indicted after so long intermission , and so many grosse corruptions be limited , and that more than ever any lawfull assembly of the kirk was , when it was yearly observed . . it is ordained in parl. . act . . k. james . anent the necessarie and lawfull forme of all parliaments that nothing shall be done , or commanded to be done , which may directly or indirectly prejudge the libertie of free voycing or reasoning of the estates , or any of them in time comming . it is also appointed in parl. . act . . k. james . that the lords of counsell and session proceed in all civill causes intended or depending before them , or to be intended , to cause execute their decrees notwithstanding any private writing , charge , or command in the contrarie , and generally by the acts of parliament appointing every matter for its owne judicatorie , and to all judicatories their owne freedome . and therefore much more doth this liberty belong to the supreme judicatorie ecclesiastick in matters so important as concerneth gods honour and worship immediatly , the salvation of the peoples soules , and right constitution of the kirk whose liberties and priviledges are confirmed parl. . k. james . parl. . k. charles , for if it be carefully provided by diverse acts of parliament , especially parl. . act . k. james . that there be no forstalling or regrating of things pertaining to this naturall life : what shall be thought of this spirituall for stalling and regrating which tendeth to the famishing or poysoning of the soules of the people both now and in the generations afterward . . it were contrary to our protestations , proceedings and complaints against the late innovations . and it might be accounted an innovation and usurpation as grosse & dangerous to us , and the posterity , and as prejudiciall to religion as any complained upon by us , to admit limitations , and secret or open determinations , which belongeth to no person or judicatorie , but to an assembly , or to consent to , and approve by our silence the same predeterminations , it were to be guilty of that our selves , which we condemne in others . we may easily judge how the apostles before the councell of jerusalem , the fathers before the nicene councell , and our predecessors before the assembly holden at the reformation , and afterwards , would have taken such dealing . that this proclamation commandeth all his majesties subjects for maintenance of the religion already established to subscribe and renew the confession of faith subscribed before in the yeere , and afterward . and requireth the lords of privie councell to take such course anent the same , and the generall band of maintenance of the true religion , and the kings person , that it may be subscribed , and renewed throughout the whole kingdome with all possible diligence , which cannot now be performed by us . for although of late we would have been glad that our selves and other his majesties subjects had been commanded by authority to sweare , and subscribe the generall confession of faith against popish errours , and superstitions and now would be glad that all others should joyne with us in our late covenant & confession , descending more specially to the novations and errors of the time , and obliging us to the defence of religion ; and of the kings majesties person , and authority , and for these ends to the mutuall defence every one of us of another , yet can we not now after so necessarie , and so solemne a specification returne to the generall for the reasons following . . no means have been left unassayed against our late confession of faith and covenant so solemnly sworn and subscribed . for first we were prest with the rendring and rescinding of our covenant . next an alteration in some substantiall points was urged . . a declaration was motioned , which tended to the enervation thereof , and now we find in the same straine , that we are put to a new tryall , and the last mean is used more subtile than the former : that by this new subscription our late covenant , and confession may be quite absorbed and buried in oblivion , that where it was intended & sworn to be an everlasting covenant never to be forgotten , it shall be never more remembred , the one shall be cryed up , and the other drowned in the noise thereof , and thus the new subscription now urged ( although in a different way ) shall prove equivalent to the rendring of the covenant , or what of that kind hath before been assayed . like as the reasons against the rendring of the covenant , doe militate directly against this new motion . . if we should now enter upon this new subscription , we would think our selves guilty of mocking god , & taking his name in vain , for the tears that began to be poured forth at the solemnizing of the covenant are not yet dryed up & wiped away , and the joyfull noise which then began to sound hath not yet ceased ▪ and there can be no new necessity from us , and upon our part pretended for a ground of of urging this new subscription , at first intended to be an abjuration of popery upon us who are known to hate poperie with an unfained hatred , and have all this yeere bygone given large testimonie of our zeale against it . as we are not to multiply miracles on gods part , so ought we not to multiply solemne oathes and covenants upon our part , and thus to play with oathes , as children doe with their toyes , without necessitie . . neither would we in giving way to this new subscription think our selves free of perjurie : for as we were driven by an undeclinable necessitie to enter into a mutuall covenant , so are we bound , not onely by the law of god and nature , but by our solemn oath and subscription , against all divisive motions to promove and observe the same without violation : and it is most manifest , that having already refused to render , alter , or destroy our covenant , nothing can be more contrarie and adverse to our pious intentions and sincere resolutions , than to consent to such a subscription and oath , as both in the intention of the urgers , and in the nature and condition of the matter urged , is the ready way to extinguish , and to drowne in oblivion the band of our union and conjunction that they be no more remembred . in this case we are called to lay seriously to our hearts , , that we have sworne that we shall neither directly , nor indirectly suffer our selves to be divided and withdrawne from this blessed and loyall conjunction , which consisteth not only in the generall confession , but also in our explanation , & application thereof , but on the contrary , shal by all lawfull means , labour to further and promove the same . . that our union and conjunction may be observed without violation , ( and so without mutilation of our application ) we call the living lord to witnesse , as we shall answer to christ in the great day , &c. . this new subscription , in stead of performing our vows , would be a reall testimonie and confession before the world , that we have been transgressours in making rash vows , that we repent our selves of former zeal and forwardnesse against the particulars exprest first in our supplications , complaints , and protestations , and next abjured in our covenant , that we in our judgement prefer the generall confession unto this , which necessarily was now made more speciall ; and that we are now under the faire pretext and honest cover of a new oath , recanting and undoing that , which upon so mature deliberation we have been doing before , this beside all other evils , were to make way and open a door to the re-entry of the particulars abjured , and to repent our selves of our chiefest consolations , and to lie both against god and our owne soules . . it hath been often objected , that our confession of faith , & covenant was unlawfull , because it wanted the warrants of publick authority , and it hath been answered by us , that we were not destitute of the warrant civill and ecclesiasticall which authorized the former covenant . and although we could have wished that his maty had added both his subscription & authority unto it , yet the lesse cōstraint from authority and the more libertie , the lesse hypocrisie , and more sincerity hath appeared : but by this new subscription urged by authority we both condemn our former subscription as unlawfull , because alleadged to be done without authority , and precondemn also the like laudable course in the like necessity to be taken by the posterity . . what is the use of merch-stones upon borders of lands , the like use hath confessions of faith in the kirk , to disterminate and divide betwixt truth and errour : and the renewing and applying of confessions of faith to the present errors and corruptions , are not unlike ryding of merches . and therefore to content our selves with the generall , and to return to it , from the particular application of the confession necessarily made upon the invasion or creeping in of errors within the borders of the kirk , if it be not a removing of the merch stone from the own place , it is at least the hiding of the merch in the ground that it be not seen , which at this time were very unseasonable for two causes . one is , because poperie is so pregnant , and powerful in this land , as we have learned of late . the other , because the papists who upon the urging of the service book & canons , have presumed of our return to rome , will upon this our subscription arise frō their dispareing of us , unto their wonted presumption . none of us will deny , but the large confession of faith registrated in the acts of parliament , doth by consequence contain this short confession and abjuration : yet were it not sufficient against poperie to subscribe the one without the other : how then shall we think that the more general confession & abjuration at this time , when the urging of such popish books hath extorted frō us so necessary an application , and doth still call for a testimony , to be compleat enough without it . . the papists shall hereby be occasioned to renew their old objection against us , annuas & menstruas fides de deo decernūt , that our faith changeth with the moon , or once in the yeere . other reformed kirks might justly wonder at our inconstancie in changing our confession without any reall necessity , and that in one and the same yeer it cometh forth larger , & more particular , then shorter , & more general : and our adversaries will not fail to traduce us as troublers of the peace of the kirk & kingdom without any necessar cause . . it will likewise prove a confirmation of their errour , who think they may both subscribe the confession of faith , and receive the service book , and canons , which is not only a direct scandaling of them , but also a ready way to put a weapon in their hands against our selves , who maintain and professe that these and such other evils are abjured in the confession of faith. . if we should now sweare this confession , we should be obliged by our oath to maintain perth articles , which are the innovations already introduced in the worship of god , and to maintain episcopacie , with the civill places , and power of kirkmen . because we are bound to swear this confession by vertue of & comform unto the kings command signed by his sacred majestie of the date september . . ( these are the very words subjoyned to the confession and band , and prefixed to the subscriptions ) and it cannot be denyed , but any oath ministred unto us , must either be refused , or else taken according to the known mind , professed intention , and expresse command of authority urging the same : and it is most manifest , that his majesties mind , intention , and commandement , is no other , but that the confession be sworn , for the maintenance of religion , as it is already or presently professed , ( these two being coincident , altogether one and the same , not only in our common form of speaking , but in all his majesties proclamations ) and thus as it includeth , and conteineth within the compasse thereof , the foresaid novations and episcopacie , which under that name were also ratified , in the first parliament holden by his majestie . and where it may be obiected , that the counsellours have subscribed the confession of faith , as it was professed . and will not urge the subscription in another sense upon the subiects . we answer , first , the act of counsell containing that declaration , is not as yet published by proclamation . secondly , if it were so published , it behooved of necessity either be repugnant to his maiesties declared iudgement and command , which is more nor to sweare without warrand from authority ( a fault although uniustly , often obiected unto us ) or else we must affirme the religion in the yeare . and at this time to be altogether one and the same ; and thus must acknowledge , that there is no novation of religion , which were a formall contradiction to that we have sworne . . by approving the proclamation anent the oath to be administred to ministers , according to the act of parliament , which is to swear simple obedience to the diocesan bishop , and by warning all archbishops and bishops to be present ; as having voice and place in the assemblie : they seem to determine , that in their iudgment the confession of faith , as it was professed . doth consist with episcopacie , whereas we by our oath have referred the tryall of this or any other question of that kind to the generall assembly & parliament . . this subscription & oath in the mind & intention of authority , & consequently in our swearing thereof , may consist with the corruptions of the service book & canons , which we have abjured as other heads of poperie : for both this present proclamation , and his majesties former proclamations at linlithgow , striveling , edinburgh ; the lords of privie counsell in their approbation of the same ; and the prelates and doctors who stand for the service book & canons , doe all speak plainly , or import so much , that these books are not repugnant to the confession of faith ; and that the introducing of them is no novation of religion or law : and therefore we must either refuse to subscribe now , or we must confesse contrary to our late oath , and to a cleare truth , that the service book and canons are no innovations in religion . and , though the present books be discharged by proclamation , yet if we shall by any deed of our owne testifie , that they may consist with our confession of faith , within a very short time , either the same books , or some other like unto them , with some small change , may be obtruded upon us , who by our abjuration ( if we adhere unto it ) have freed both our selves , and the posteritie of all such corruptions , and have laid a faire foundation for the pure worship of god in all time coming . . although there be indeed no substantiall difference between that which we have subscribed , & the confession subscribed . more then there is betweene that which is hid , and that which is revealed ; a march stone hid in the ground , and uncovered , betwixt the hand closed and open , betwixt a sword scheathed and drawn , or betwixt the large confession , registrat in the acts of parliament , and the short confession , or ( if we may with reverence ascend yet higher ) between the old testament & the new , yet as to scheath our sword when it should be drawn , were imprudencie ; or at the commandement of princes , professedly popish in their dominions , after the subjects had subscribed both confessions , to subscribe the first without the second , or at the will of a iewish magistrate , openly denying the new testament , to subscribe the old alone , after that they have subscribed both , were horrible impiety against god , and treacherie against the truth : right so , for vs to subscribe the former a-part , as it is now urged and framed , without the explanation and application thereof at this time , when ours is rejected ; and the subscribers of the former refuse to subscribe ours , as containing something substantially different , and urge the former upon us , as different from ours , and not expressing the speciall abjuration of the evils , supplicated against by us , were nothing else , but to deny and part from our former subscription , if not formally , yet interpretatively . old eleazar , who would not seeme to eate forbidden meat , and the confessors and martyrs of old , who would not seeme by delivering some of their papers , to render the bible , or to deny the truth , may teach us our dutie in this case , although our lives were in hazard for refusing this subscription : and who knoweth , but the lord may be calling his people now , who have proceeded so farre in professing his truth at this time , to such trials and confessions , as his faithfull witnesses have given of old ; that in this point also our doing may be a document both to the succeeding ages , and to other kirks to whom for the present we are made a spectacle . . if any be so forgetfull of his oath ( which god forbid ) as to subscribe this confession , as it is now urged , he doth according to the proclamation acquiesce in this declaration of his majesties will , and doth accept of such a pardon as hath need to be ratified in parliament , and thus doth turne our glory unto shame , by confessing our guiltinesse , where god from heaven hath made us guiltlesse , and by the fire of his spirit from heaven hath accepted of our service , and doth depart from the commandement of god , the practise of the godly in former times , and the worthy and laudable example of our worthy & religious progenitours , in obedience whereof , and conform to which we made profession to subscribe : for there is no particular act required of us , to whom the pardon is presented in this proclamation , but this new subscription allanerlie . . the generall band now urged to be subscribed , as it containeth many clauses not so fitting the present time as that wherein it was subscribed , so is it deficient in a point , at this time most necessary , of the reformation of our lives , that we shall answerablie to our profession , be examples to others , of all godlinesse , sobernesse and righteousnesse and of every duty wee owe to god and main ; without which we cannot now subscribe this confession , least we loose the bands to wickednesse , seeme to repent of our former resolutions and promises , and choose to have our portion with hypocrites , professing and swearing that wee know god , but in our workes denying him , being abominable , disobedient , and unto every good worke reprobate . . since the narrative of the general band is now changed , & some lines , expressing at length the papists , and their adherents to be the partie from whom the danger to religion , and the kings majestie was threatned , are left out , and no designation made of the partie from whom the danger is now threatned , we are made either to think , that our subscription at this time is unnecessarie , or to suspect that we who have supplicated and entred in covenant , are understood to be the partie ; especially since the lords of councell have in the act september . ratifying the proclamation , found themselves bound to use their best endeavours , that all his majesties good subjects may rest satisfied with his majesties declaration ; since also we have beene ( although undeservedly ) challenged of disorders , distractions , and dangers to religion , and his majesties authoritie ; and since in the foresaid act and in the missive directed to his majestie , the lords of councell offer their lives and fortunes to his majestie , in repressing all such , as shall hereafter prease to disturbe the peace of this kirk and kingdome ; which being expressed in a generalitie is by many applied to us , and interpreted of our adhering to our covenant ; we should therefore , by our subscription of the covenant , as it is now conceived , both do directly against our owne minds , in condemning our selves , wherein we are innocent , and should consent to our owne hurt , to the suppressing of the cause which wee maintaine , and to the repressing mutually one of us of another , directly contrarie to our former solemne oath and subscription . . the subscribing of this confession by the lords of his majesties privie councell , who by their place and high employment are publike peace-makers , and by others who have not subscribed the late confession will make the breach wider , and the lamentable division of this kirk more desperate then ever before ; some having sworne to labour by all lawfull meanes to recover the former libertie , and puritie of religion ; and others , maintaining that for puritie , which is alreadie established ; some beleeving and professing that the evils supplicated against , are abjured in that confession of faith ; and others maintaining the confession of faith , and these corruptions ( although for the present discharged by authoritie ) not to be inconsistent : and beside this , many divisions and subdivisions will ensue to the dulefull renting of the kirk and kingdome , making way for the wrath and many judgements of god often threatned by his faithfull servants , which all the godly ought to labour by all meanes to prevent . . wee represent also to the honourable lords of privie councell to be considered , that the doctrine , discipline , and use of sacraments are sworne , and the contrarie abjured , according to the word of god , and the meaning of the kirk of scotland in the books of discipline , and acts of assemblies ; and that in the oath there is no place left to the generalitie of any mans conception of the true faith and religion , nor to any private interpretation , or mentall reservation . for these and the like considerations , in our owne name , and in name of all who will adhere to the late covenant , subscribed by us , and sealed from heaven , we ( from our dutie to god , our king , our native countrey , our selves , and the posteritie , lest our silence import a satisfaction of our desires , and a stopping of our mouths from necessarie supplication for things yet to bee obtained from his majesties just and gracious disposition ) are constrained to declare and protest ; first , that the cause and occasion of the distractions of the kirk and common-wealth , are no wayes to bee imputed unto us , or our needlesse feares , but to the innovations and corruptions of religion , which against the acts and order of this kirk , and the lawes of the kingdome , have beene pressed upon us the people of god , and his majesties loyall subjects ; who , although under great thraldom , were living in peace and quietnesse , labouring in all godlinesse and honestie to do our dutie to god and man. secondly , we protest , that all questions and doubts that arise , concerning the freedome of the assemblie , whether in the constitution and members thereof , or in the matters to be treated , or in the manner and order of proceeding , be remitted to the determination of the assemblie it selfe , as the onely proper and competent judge ; and that it shall be lawfull for us , being authorized with lawfull commissions , as at other times when the urgent necessitie of the kirk shall require , so in this exigence to assemble our selves at the diet appointed , notwithstanding any impediment or prorogation to the contrary : and being assembled , against all qualifications and predeterminations , or presupposals to propone , treat , reason , vote , and conclude , according to the word of god , confession of faith , and acts of lawfull assemblies , in all ecclesiasticall matters , pertaining to the assemblie , and tending to the advancement of the kingdome of christ , and good of religion . thirdly , since archbishops and bishops have no warrand for their office in this kirk , since it is contrarie both to reason and to the acts of the kirk , that any have place and voice in the assemblie , who are not authorized with lawfull commissions ; and seeing both in common equitie , and by the tenour of this proclamation , they are made lyable to the triall and censure of the assemblie , wee protest , that they bee not present , as having place or voice in the assemblie , but as rei to compeere , for underlying triall and censure upon the generall complaints alreadie made , and the particular accusations to be given in against them ; and that the warning given by his majesties proclamation , and this our protestation , be a sufficient citation to them , to compeer before the assemblie , for their triall and censure , in life , office , and benefice . fourthly , wee solemnly protest , that we do constantly adhere to our oath and subscription of the confession of faith and covenant , lately renewed and approven with rare and undeniable evidences from heaven , of the wonderfull workings of his spirit in the hearts both of pastors and people , through all the parts of the kingdome ; and that we stand to all parts and clauses thereof , and particularly to the explanation and application , containing both our abjuration of , and our union against the particular evils and corruptions of the time ; a dutie which the lord at this time especially craveth at our hands . fifthly , we also protest , that none of us who have subscribed , and do adhere to our subscription of the late covenant , be charged , or urged , either to procure the subscriptions of others , or to subscribe our selves unto any other confession or covenant , containing any derogation thereunto , especially that mentioned in the proclamation , without the necessarie explanation and the application therof , alreadie sworn by us , for the reasons above expressed : and because , as we did in our former protestation appeale from the lords of his majesties councell , so do we now by these renew our solemne appeale , with all solemnities requisite , unto the next free generall assemblie and parliament , as the onely supreme nationall judicatories competent , to judge of nationall causes and proceedings . sixthly , we protest , that no subscription , whether by the lords of councell or others , of the confession mentioned in the proclamation , and enjoyned for the maintenance of religion , as it is now already , or at this present time established and professed within this kingdome , without any innovation of religion or law , be any manner of way prejudiciall to our covenant , wherein we have sworne to forbeare the practice of novations alreadie introduced , &c. till they be tried in a free assemblie , and to labour by all lawfull meanes , to recover the puritie and libertie of the gospel as it was established and professed before the foresaid innovations : and in like manner , that no subscription foresaid be any derogation to the true and sound meaning of our worthie predecessours , at the time of their subscription in the year . and afterward . withall , warning and exhorting all men who lay to heart the cause of religion , against the corruptions of the time & the present estate of things , both to subscribe the covenant as it hath bin explained , and necessarily applied ; and as they love the puritie and libertie of the gospel , to hold back their hands from all other covenants , till the assembly now indicted be conveened , and determine the present differences and divisions , and preserve this country from contrarie oathes . seventhly , as his majesties royall clemencie appeareth in forgiving and forgetting what his majestie conceiveth to be a disorder or done amisse in the proceeding of any ; so are we very confident of his majesties approbation , to the integrity of our hearts and peaceablenesse of our wayes and actions all this time past : and therfore we protest that we still adhere to our former complaints , protestations , lawfull meetings , proceedings , mutuall defences , &c. all which , as they have been in themselves lawfull , so were they to us , pressed with so many grievances in his majesties absence from this native kingdome , most necessary , and ought to be regarded as good offices , and pertinent duties of faithfull christians , loyall subjects , and sensible members of this kirk and commonwealth , as we trust at all occasions to make manifest to all good men , especially to his sacred majestie , for whose long and prosperous government , that we may live a peaceable and quiet life in all godlinesse and honestie , we earnestly pray . whereupon a noble earle , james earle of montrose , &c. in name of the noblemen ; m. alexander gibson younger of durie , in name of the barons ; george porterfield merchant burgesse of glasgow , in name of the burrowes ; m. harie rollock minister at edinburgh , in name of the ministers ; and m. archbald johnston reader hereof , in name of all who adhere to the confession of faith and covenant , lately renewed within this kingdome , tooke instruments in the hands of three notars present , at the said mercate crosse of edinburgh , being invironed with great numbers of the foresaid noblemen , barons , gentlemen , burrows , ministers , and commons , before many hundred witnesses , and craved the extract thereof : and in token of their dutifull respect to his majestie , confidence of the equitie of their cause , and innocencie of their carriage , and hope of his majesties gracious acceptance , they offered in all humilitie with submisse reverence a copie thereof to the herauld . and now for triall of what wee have said , the reader may reflect upon these particulars : not farre from the beginning , they averre that they did confidently expect from us a free generall assemblie and parliament to be indicted , and that our commissioner promised to recommend unto us this their suit for a free generall assemblie , without prelimitation either in the constitution and members thereof , in the order and manner of proceeding , or in the matters to bee treated of ; and do insinuate as if wee had not given order for any such assemblie in our declaration ; which everie reader ( looking upon our declaration ) may see to be most untrue : for in it we give warrant to our commissioner to indict a free generall assemblie ; nor is there there either mention or meaning of any prelimitation , though they themselves did use verie many , some whereof you have heard alreadie , and shall heare of more hereafter . afterwards they quarrell with our declaration for ascribing all the late distractions of this church and common-wealth to their conceived feares of the innovation of religion and lawes , and not to the innovations themselves : no doubt a great crime , that we will not acknowledge that the service book , which was penned at first by those who laid downe their lives in opposition to poperie , is an introduction to poperie ; and we do professe that we did discharge that book onely to remove their feares and doubts , and ease their pretended grievances : nor can wee condemne that book , without condemning the service book of england , for the covenanters arguments strike alike at both . then immediatly after , they take it ill that though we have discharged the practice of these pretended innovations , and voided all acts made for the establishing of them , yet we have not rescinded our former proclamations at sterling and edinburgh ; as if nothing could content them , unlesse wee should disgrace our owne proclamations , which did not any way establish or authorize the things complained of : nay more , unlesse we will call back our own words , which cannot be interpreted to any such sense as they would force upon them , they would make our people beleeve , that the libertie of the generall assemblie is prejudged , & , in a suspicious , undutifull and dangerous phrase , tell them , that they do not consider with whom they are dealing ; as if no trust were to be given to us : next , they quarrell with our discharging of the practice of the articles of perth , but not the articles themselves which are established by acts both of parliament and generall assemblie ; and yet wee dare say , that they would hold it for a strange position , if we should use our prerogative to the disanulling of any thing established by these two judicatories ; nay , if we and the parliament joyntly should ( as the world goeth now ) offer to disanull any act of their generall assemblie : so glad they are to quarrell with our declaration , that in their eagernesse they destroy their owne grounds . their next cavill , if it were possible , is as senslesse as the former , whereby they averre , that our naming of bishops in our proclamation for the indiction of the assemblie is a prelimitation of it , because thereby we take it as granted , that the office of a bishop is unquestionably an office in that church and kingdome ▪ and this they call a great prelimitation put upon the assemblie ; but with what shew of consequence we cannot possibly conceive : for who would not take that undoubtedly for an office in any church or kingdome , which is established by the lawes and acts of both ? and such is the office of a bishop in that kingdome : after these fancied prelimitations , they adde sixe reasons why they should not be admitted ; which are so ignorant and simple , as it is not possible to draw them into any forme of reasoning or concluding : and though they could bee so drawne , yet they were verie needlesse ; for to what end should reasons bee brought against the admitting of these prelimitations , when there were no prelimitations offered , and these that are alledged are no prelimitations at all ? and therefore these six reasons , at least so called by them , are to bee passed over with contempt , as having not one word in them worthie the answering . next , they muster up sixteen reasons against the subscription to the confession of faith urged by our authoritie in that declaration , of the verie same piece with the former six reasons , everie way as full of non-sense as they ; the first is , that it will make their covenant bee forgotten : a matter of great consequence indeed , that their unlawfull acts should be drowned by any act of lawfull authoritie . for this we think they should thank us : the second reason is , that if they should subscribe this confession now , they would think themselves guiltie of mocking god : a notable whimsey , that acts of authoritie must want obedience if they crosse some peoples foolish thoughts and idle fancies ; but in the meane time what a fearfull mocking of god , and taking of his name in vaine is it for them to say so , and use that great name for so groundlesse a suspicion ? the third reason is , that they are afraid that this subscription will introduce a division amongst themselves , it being against their oath , in their late covenant , to admit of any divisive motions . and truely whatsoever they pretend in all their other reasons , this is the maine , if not the onely reason of the principall covenanters furious proceedings in all their wayes , and especially in this their protestation , because they did plainely perceive that if our people should once see and acknowledge our grace and clemencie , or be brought to subscribe to the same thing by our authoritie , to which they had subscribed before by their perswasion , then they would begin againe to rellish government , and so fall off , and divide themselves from those who have resolved never to indure it : in the meane time , the reader shall do well to observe the wonderfull strength of this reason ; we must not subscribe , because it will occasion some division amongst us ; by the same reason , all hope of peace must be banished out of that kingdome for ever : for certainely if they themselves should set downe in writing the utmost of their desires , and wee should assent unto them , yet undoubtedly some would dislike and not admit of those propositions of peace , which the rest had agreed upon : are they therefore sworne by their oath to reject all proffers of peace , because some will dislike them , upon which a division must follow more or lesse ? the fourth reason is plaine poperie , and the maine ground of most of the errours established at the councell of trent ; if they subscribe now , it will bee thought that they have erred in their former proceedings ; but where the reason of this reason lies , is past ordinarie finding : the fifth reason hath in it a reach beyond the moone ; this subscription is urged by authoritie , but our former subscription proceeded from our owne heads , and therefore is to be preferred , as carrying with it more libertie , more sinceritie , and lesse hypocrisie ; a reason fit to bee answered by none but such as have lost their reason : the sixth reason is in the same case ; for truely wee understand it not : the seventh reason supposeth that there is a papist in the world so foolish and simple as to think , that the same confession of faith , consisting of the same words and syllables , injoyned to bee sworne without authoritie , if it shall bee commanded to bee sworne by authoritie , becommeth a new and different confession of faith ; or if that we everie yeare of our reigne should renew and command a subscription to the same confession , that then everie yeare wee should establish a new faith ; sure they need not trouble our peoples heads with such foolish feares , for undoubtedly there will bee no such foolish fellowes found amongst the papists : the eighth reason , hath not a shew of any reason : for their ninth reason , we are confident , that if they had knowne as much as now they do , and have expressed in their answer to our commissioners last declaration , they would have left this quite out : for the truth is , that no man can subscribe this confession of faith commanded by us , and with a safe conscience hold that episcopacie is abjured by it , for many reasons , amongst which this alledged by them is but one , yet a very true one , viz. that an oath must either be refused or taken according to the knowne intention of him that ministred it ; and it being well knowne , that we , according to the lawes of all our kingdomes , are resolved to maintaine episcopall government , no man can sweare any oath administred by us or our authoritie , which may not consist with that government : and it is as true , that there is nothing in that confession of faith , which being sworne unto , abjureth episcopacie , by whomsoever the oath shall be administred ; and therefore it is a very unjust and unnecessarie feare , which seemes to make them sweat at the end of this ninth reason , viz. that this subscription commanded by us , seemeth to determine , that the confession of faith as it was professed . doth consist with episcopacie : that this subscription determineth it , is undoubtedly a very simple conceit , but that the confession it selfe made in . may and doth consist with episcopacie , is unquestionably true ; and it is so determined by the covenanters themselves , who assured many who made that scruple , and would not have come into their covenant unlesse the covenanters had first resolved them of it , that they might sweare the same confession , and yet not abjure episcopall government , which likewise the three ministers in their first answer to the divines of aberdene , have positively affirmed , averring , that episcopacie was not abjured by that confession , nor their covenant , but onely referred to the tryall of an assembly and parliament : now it is most certaine , that when we commanded this subscription to that confession , no assembly ( true or pretended ) had determined that it was abjured , nor hath any parliament done so yet ; and therefore the covenanters themselves have determined , that when wee required this subscription , a man might safely subscribe without abjuration of episcopacie : but to let the weaknesse of this ninth reason passe , it is a wonder to observe how these men in their answer to the fourth reason ( contained in our commissioners last declaration ) are constrained by maine force of argument to denie their own most true proposition , expressed at the beginning of this ninth reason : for there they affirm it plainly , that a man may swear secundùm rem juratam , though he know that that which hee sweares to , is against the meaning and sense of him that gives the oath ; which is such a notable piece of equivocation , and , indeed , of such dishonestie , as is not to be expressed by us in its proper name ; for no patron of equivocation hath yet out-gone it . the tenth reason propoundeth an undoubted truth , viz. that by swearing that confession , none of these pretended innovations is abjured . what then ? is it not sufficient , that by our authoritie they are discharged , and referred to the tryall of a generall assembly and parliament ? the . reason repeateth againe the dark parable of the march-stone which was in the sixth reason ; it would breake any mans teeth to cracke it , and it is not to be hoped , that ever any man will find the pith and kernell of it ; and therefore let it be as unintelligible as the sixth . the . reason is such a one as certainly no rationall man could ever have dreamed of : if we subscribe the confession by the kings authoritie , then it will be thought that we acquiesce in his majesties declaration , and that wee are contented to be pardoned by him , and that is such a thing as it turnes all our glorie into shame , by confessing our guiltinesse . a strange fancie , that men should account that a shame , which the scripture calleth giving glorie unto god. but truly it is not farre from blasphemy , when they affirme , that god by the fire of his spirit from heaven hath accepted their service : if they meane their covenant , what more can be said of the holy scriptures ? for sure to be indited by the spirit , and to be approved by the fire of the spirit from heaven , is much about one ; if there be any difference , the odds will seeme to lye upon the acceptation of it from heaven by the fire of the spirit ; for the spirit descending upon the apostles in fierie tongues , was that which both sealed their calling unto them , and enabled them for it , and for inditing those holy scriptures which they wrote : and thus , before they are aware , they make themselves patrons of a notable point of poperie , viz. that their covenant , which sure was penned by men , and so but a humane writing , is of equall authoritie with the sacred scriptures : for if it bee approved from heaven by the fire of the spirit , it must bee so . but wee hope that every man will pitie this frenzie , and give no credit to it , untill they make it appeare unto us , when and where god from heaven by the fire of his spirit did seale and approve this covenant . the . reason is a mad one indeed , for it doth condemne the confession of faith which was first subscribed in . upon which confession they doe solely ground their owne covenant ; for that confession hath no such oath for reformation of life annexed unto it : the truth is , some thing they would have said against our declaration , but they did not well know what : their wits were runne very low , when in an extraordinarie vow and covenant with god , they would put in reformation of life , unto which every man is tied by the ordinary morall precepts , both of law and gospel , and by the doctrine of repentance contained in both : for the reason which is in their . . and . reasons , we leave it for them to find that can , we are perswaded they will lose their labour who seek it . after their reasons , they conclude with . protestations , which truly need not to be taken notice of ; for being grounded upon so weake and inconsiderable considerations , the reader is unreasonable , like them , if he should expect a conclusion stronger then the premises . in the preamble to them , take notice onely of their dangerous and fearfull approach unto blasphemy , while they affirm , that the covenant made by them was sealed from heaven . their first protestation is utterly invalid , being protestatio contra factum ; for it is plaine to the whole world , that the rebellious distractions of that kingdome proceed from them alone . their second protestation is void most evidently upon the same ground ; for they themselves , both by their publique instructions , of which you have heard , and in their private instructions , of which you shall heare , have used many prelimitations in all the particulars against which they protest , but neither we nor any by our authoritie have used any . the third protestation begins with a supposition , which they themselves do know to be most false ; for both archbishops and bishops had , at the time of this their protestation , both by the acts of the church , and by the acts of parliament , a settled office in the church , and have so still by parliament , nay and by assembly too , unlesse they do pitifully begge that which will never be granted them , that their last assembly at glasgow was a lawfull assembly , after our authoritie had dissolved it . and as it beginneth with a false supposition , so it endeth with as false and foolish a position and petition ; for it maintaineth , that all these who are to undergoe any tryall at the assembly , either upon any generall complaint already made , or upon any particular accusation to be given in against them , are to compeere at that assembly , not to have voice , but as rei : upon which ground , none of themselves could have voice there ; for they were all liable to tryall and censure upon any particular accusation that was to be given in against them : and then their petition is , that the warning given to the bishops by this our proclamation , and this their protestation , should be a sufficient citation to them to appeare as rei : that their protestation should be so ; wee protest it is so foolish a request , as we are confident no man ever heard of the like before ; nor could they expect that any man , indued with reason , would yeeld unto it : and that our warning of the bishops by proclamation to appeare at the assembly , as we did all the rest of the members of it , should make them appeare as rei , is such a conceit , as we wonder any man could light upon it , unlesse they doe hold , that every one of themselves was to appeare as reus too , for all of them were warned by our proclamation to appeare at the assembly as well as the bishops . in their fourth protestation we onely admire their rare and undeniable impudence , who dare affirme , that their covenant is approved from heaven , with rare and undeniable evidences , when all the christians in the world ( except themselves and their faction ) who have heard of it , doe acknowledge that no such covenant or combination can come from heaven , but from hell , from whence cometh all faction and schisme . in their fifth protestation they doe runne into an act of high treason ; for they appeale from us and our councell , which by an act of parliament is made high treason , and which they know themselves was adjudged to be so in the case of the ministers , who held an assembly at aberdene , after it was prorogued by our royall father , who being cited to compeere before the lords of the councell to answer that high contempt , and compeering , declined the authoritie of our royall father and his councell , and appealed to a generall assembly , and were therefore arraigned of high treason upon that statute before the lord chiefe justice of that kingdome , and after pleading to it by their advocates , were found by a jurie or assize guilty of high treason ; and had received sentence accordingly , if our royall father , out of his singular clemencie and gracious respect to their calling , had not reprived them before sentence , and only inflicted upon them perpetuall banishment , which they did undergoe : the act of parliament upon which they were arraigned was this . the eighth parliament current holden at edinburgh the . of may , in the yeere of god . by the right excellent , right high and mightie prince james the sixt , by the grace of god , king of scots , and three estates of this realme . an act confirming the kings majesties royall power over all estates and subjects within this realme . forasmuch as some persons being lately called before the kings majestie and his secret councell , to answer upon certaine points to have beene inquired of them , concerning some treasonable , seditious , and contumelious speeches uttered by them in pulpits , schooles and otherwaies , to the disdaine and reproach of his highnesse , his progenitors , and present councell ; contemptuously declined the judgement of his highnesse and his said councell in that behalfe , to the evill example of others to doe the like if timely remedy be not provided : therefore our soveraign lord , and his three estates assembled in this present parliament , ratifieth and approveth , and perpetually confirmeth , the royall power and authority over all estates , aswell spirituall as temporall , within this realme , in the person of the kings majestie our soveraign lord , his heires and successors : and also , statuteth and ordaineth that his highnesse , his heires and successors , by themselves and their councells , are and in time to come shall be judges competent to all persons his highnesse subjects , of what estate , degree , function , or condition soever they be of , spirituall or temporall , in all matters wherein they or any of them shall be apprehended , summoned , or charged to answer to such things as shall bee inquired of them by our said soveraigne lord and his councell . and that none of them which shall happen to be apprehended , called or summoned to the effect aforesaid , presume to take in hand to decline the judgement of his highnesse , his heires and successors , or their councell in the premises , under the paine of treason . their sixth protestation is nothing but a repetition of that which they have said so oft , even unto tediousnesse : in their seventh and last , they bewray an unexempled boldnesse , in avowing their confidence of our approbation to the integritie of their hearts , and peaceablenesse of their waies and actions all this time past , when in their owne consciences they doe know , that we doe hold and detest their waies and actions , as most unpeaceable and seditious . and now having taken a short survey of this their protestation , we doe appeale to any man , who shall compare it with our declaration , whether our gracious proclamation , against which they protested , did not rather deserve an humble and hearty acknowledgement of our many graces and favours towards them , with a joyfull and submissive acceptation of them , then first to be traduced to the people before it was made , for a proclamation tending to the utter ruine and subversion of the religion and lawes of that church and kingdome ; and then afterward to bee encountred in publique with such an impudent , insolent , seditious , and senslesse protestation : and lastly , after all this , to be railed at in their pulpits , and our people made to beleeve , that that part of it which required subscription to their owne confession of faith , but lately sworne and subscribed unto by themselves , was a device of the devill , and hatched in hell , as shall appeare by that which followed . for the next day , being sunday , all the pulpits of edinburgh , nay and many places where there were no pulpits ( for they heard sermons in many halls , and other profane and common places ) did ring with bitter invectives and declamations against this our gracious declaration , especially against that part of it which they conceived would be most satisfactorie to our people , and prove a speciall antidote for expelling that poyson which they had made them swallow , concerning our declining from the reformed religion , and inclining to poperie , viz. the subscription to their own confession of faith now commanded by us : for , they branded it so with most hideous and horrible names of the very depth and policie of sathan , that the common people , who were well perswaded of the pietie of their preachers , could not chuse but imagine that there was some wickednesse in it , which their preachers could and did dive into though they did not . one preacher in his sermon prayed god to scatter them in israel , and to divide them in jacob who were the authors of this scattering and divisive counsell . another preacher in his pulpit told his people , that the urging of this subscription , was an italian and a devillish device , first to make them renounce god , and perjure themselves , and then afterward there was an intention to destroy their bodies ; and so that this subscription imported no lesse then the destruction both of their bodies and soules . these and many more such false feares suggested , first from two of the preachers of edinburgh , and from them transmitted to their fellows throughout the kingdome , did worke so strongly with our good but simple and seduced people , as that they were wrought unto a perswasion , that this subscription to their owne confession of faith , commanded by us , for removing that false opinion which their leaders had put into their heads of our inclination to poperie , was of a farre deeper reach , and of more dangerous consequence , then if we had been inclined to poperie indeed ; still adding , that if they did subscribe it now by our authoritie , it could receive no acceptation at gods hands , god rejecting any service done to him by constraint ( it being very familiar with them at these times to terme obedience to authoritie constraint ) but when they subscribed it voluntarily , or by the perswasion of their leaders , then it was acceptable to god ; and , if they durst have used such a popish word , no question they would have added , meritorious : and thus you see , with what undutifulnesse our gracious declaration was entertained . yet it was not so received by all : for first , all the lords of our councell ( amongst whom were some , who never seemed to be satisfied before ) were so fully satisfied , and so much overjoyed with this our gracious declaration , that they did condemne and utterly detest this odious protestation of the covenanters ; whereupon our councels letter of thankes and proffer of service was sent us , as was before declared . next , the greatest part of the ministers of that our kingdome did rest satisfied with it ; as shall be made evident if it come to tryall : but this is most certaine , that the ministers assembled at edinburgh that morning at the gray-friers church by the name of the fourth table , or table of the ministers ordinarily resident at edinburgh all this time , for attendance upon the businesse of the covenant , being sent unto by the other tables , and desired by them to send some of their number up to the great committee of all the tables , to joyne with them in a protestation which was to be made that afternoone against our declaration , which then they expected would be proclaimed ; the ministers returned this answer by their whole voices ( not above two or three at the most dissenting ) that they would not agree to any protestation which should be made against our gracious declaration , unlesse it should be sent downe unto them , that it might be throughly advised upon ; especially considering that they had heard so much of the contents of that our declaration , importing the removing of their grievances which occasioned their covenant , that they could not conceive the necessitie of any protestation . which answer being returned to the other tables , did so trouble them , that they sent a second message to them , intreating them presently to come up to saint gyles church , and to sit there , that so being in a place of a neere distance from their great committee , they might the more easily consult with them . thither they came , and stayed a great while , but heard nothing from the committee , who it seemes were much distracted and puzzled about the penning of their protestation , and had certaine ministers with them ( especially rollock ) at that consultation , who were not deputed by the table of ministers to be present at it ; and having stayed in that church untill neere one of the clocke in the afternoone , dissolved themselves , took their leaves one of another , and resolved not to meet untill the next weeke , many of them going home presently towards their owne countrey churches , where they were to preach the next day , being sunday ; and at their parting they deputed none to joine with the committee from the other tables , either to consult about , or to assist at any protestation which should be made against this our gracious declaration : and all this was averred by divers ministers then present , before divers of the lords of our councell , and other persons of speciall ranke and qualitie , who likewise would have averred it before the last pretended generall assembly , if they durst have done it without running the hazzard of their fortunes , if not their lives : and yet in that afternoone about three of the clocke , rollock , in the name of the ministers , did upon a scaffold joine with the deputies from the three other tables , in that wicked protestation , without deputation ( as is presumed ) from the table of ministers , unlesse perhaps he called some few stragling ministers about the town , of whom it may be he asked the question . besides , many thousands of our subjects covenanters were fully satisfied with our declaration , though they durst not , as many of them have professed , subscribe this confession of faith urged by us , for feare of being troubled by the major part . and it is knowne , that wheresoever our declaration was published , before that the covenanters from their tables sent their emissaries to disswade the acknowledgment of it , and copies of their protestations against it , it was received with all expressions of joy and thankfull acknowledgment ; insomuch that when it was proclaimed at the market crosse at glasgow , it was assisted with all these expressions , both by the magistrates and all the inhabitants , by the principall , the regents and professors , by all the ministers of that citie , though covenanters , who out of the great sense of the many obligations and favours , which we had laid upon that whole kingdome , by this our gracious declaration , directed their severall letters of thankes and acknowledgement to our commissioner , which are here exhibited . the letter of the provost , bailiffes , and the councell of glasgow . most honourable and our very good lord , having received a letter directed from your grace to us with this bearer your graces cousin , and having read the same , and heard and weighed his majesties gracious proclamation , which was this day proclaimed within this citie , to the great joy of all the hearers ; wee cannot but praise god , who hath endued his sacred majestie our dread soveraigne , with such wisedome , pietie , clemencie , and fatherly care of this church and kingdome ; and pray god for a long and happie raigne to his sacred majestie , and his highnesse posterity over us and succeeding generations ; and shall ever indevour to approve our selves his majesties most loyall subjects ; and wish from our hearts all happinesse to your grace , and your graces most noble family , for the wel-wishing to this citie ; and especially for the great paines taken by your grace in this so weighty an imploiment , hoping & praying to god that the same may obtain the wished for accomplishment , and shall ever remaine , glasgow this . of septemb. . yours graces most humble and obedient servants , james stewart provost . john anderson bailiffe . colme campbell bailiffe . ninian anderson bailiffe . gabriel cuningham . william stewart . patrick bell. matthew hammilton . colme campbell . john barnes . richard allane . walter stirling . gavine nesbit . john anderson . robert horner . the letter of the ministers . most honourable and our very good lord , having received the letter directed from your grace , and having heard and considered his majesties most gracious proclamation published this day in this citie , with joyfull acclamations universally of the hearers , as we of the ministery and university of glasgow , who were present , with great contentment and joy of heart applauded thereto ; and doe praise god who hath inspired our dread soveraigne with such wisedome , pietie , clemencie , and fatherly care of the church and common-wealth of this kingdome , as is abundantly manifested in the said proclamation ; so we would gladly testifie , by what meanes we can , our thankfulnesse to his majestie , our crowne of rejoycing , and the breath of our nostrils ; not omitting our bound duty to your grace , whom god and his majestie hath appointed so fit and happy an instrument in this great errand , for your singular prudence , rare pietie , and zeale to god , your prince , and countrie , and incredible paines in this honourable and weighty employment , which we pray god may still prosper in your hands , untill it be brought to a full and blessed conclusion , being willing for our part to contribute what lyeth in our poore power by our earnest prayers and best endevours . glasgow sept. . . your graces humble and most observant servants , m. ro. wilkie . j. maxwell . m. bell younger . m. ga. forsythe . m. blair . john strang. john. will. wilkie . pa. maxwell . now , besides these , in many places of the kingdome whither they sent their protestation to be read , it was refused by divers , who had subscribed their owne covenant . the assembly being indicted , the covenanters did now goe about to effect all which they had plotted and designed concerning the election of the commissioners to it , that all , and none but they , might be chosen whom they had resolved upon , and were of the most rigid ranke , whom they were sure would receive no satisfaction , and keep all others ( so farre as in them lay ) from accepting of any : their device was this ; they perceived that most of the ministers throughout the kingdome would gladly embrace peace , if they might see their consciences satisfied in these feares and doubts , upon which they entred into the late covenant . the leaders resolved not to trust any such moderate men , considering that all their scruples were removed by our last declaration , and the indiction of a free generall assembly ; and therefore they took order by their secret instructions , that none of them should be chosen , though they were covenanters : for ministers non-covenanters , they took order , that if in any place by pluralitie of voices such a one should bee chosen , then hee should be processed and protested against , ( which no man could avoid ) and so he should be sure to be set by at the assembly , and cast from having any voice there . and whereas they might feare , that the rigid ministers , designed by them for this assembly , might want a sufficient number of their fellow-ministers for their elections in their severall presbyteries , they tooke an order , that not onely for this time , but for all times to come , there should bee no minister chosen commissioner from any presbyterie to any assembly , but such as the laitie should make choice of : for they presently gave order from their tables , that every particular parish should send to the presbyterie in their bounds one lay-man , whom they called a ruling elder , who by their appointment should have voice in the presbytery as wel as the minister of the parish ; so that when the whole presbyterie was assembled together , the number of the lay-men was at the least equall to the number of the ministers ; by which new device , the laitie gained of the ministers undoubtedly these foure things : first , that never any minister should bee chosen commissioner to the assembly , but whom they would ; for they being equall in number in voices with the ministers , and sixe of the ministers being to be put in the list , and to stand in election , out of which sixe three must be chosen , and all these sixe must be removed in the time of the election , and have no voices themselves in it , it is clear , that the number of the lay voices in these elections must needs exceed the number of the ministers voices at least by sixe : or , if in some presbyteries ( as we heare was done in some few ) these sixe ministers before their removing gave voices to whom they pleased , yet ( no man being able to give a voice to himselfe ) of necessitie the number of the lay voices must exceed the number of the ministers by one . secondly , the laitie gained this , that in all other presbyteriall meetings , which are weekly , the ministers should never have a casting voice , to determine any thing but what they liked ; the lay-men being alwaies at the least equal to them in number . thirdly , this they gained , that whatsoever should be concluded in a generall assembly , should ever be concluded likewise in a parliament , if our negative voice did not stop it : ( and wee heare that they have not spared to give out , that they will take from us and our successors , that which all our predecessours have enjoyed , that is , a negative voice in parliament , as they have done in assemblies , for as much as lies in them : ) for by their instructions they ordered , that where any nobleman lived in any presbyterie , hee should bee chosen lay-elder there for the assembly ; and all noblemen are hereditarie members of the parliament : and where there wanted a nobleman , they should chuse some speciall gentleman , who in all probabilitie standeth faire for being chosen one of the commissioners of the shire for the parliament ; which made the covenanters stand so importunately for that point , viz. to have the assembly held before the parliament , as making just accompt , that all the lay voices in the assembly were engaged to give their voices to the same conclusions , when they should sit in parliament ; and so , that the parliament , for it acts , should depend upon the generall assembly , and the generall assembly ( for the acts passed there ) should depend upon them ; but neither the one nor the other depend upon us. fourthly , the laitie gained this , that they exempted themselves for ever hereafter from all fears of the power of the clergie : for they being resolved ( so farre as in them lay ) to overthrow episcopall government , and yet fearing by so doing to be brought againe under the tyrannie of presbyteriall government , of which they had heard their fathers so grievously complaine , they pitched upon this way of equall number of lay-elders in every presbyterie , being assured thereby to curb their ministers , most of whom had their stipends and rents paid by these lay-patrons ; and so now the laitie made accompt , that if in their elections to this assembly they could compasse these conclusions and resolutions , they had brought the church and churchmen under for ever . these conclusions , though effected by the laitie with violence , yet received great resistance by many ministers in most presbyteries , and in some by all : for when these lay elders came to sit with them , they either refused to admit them , or desired time to deliberate , how they ( who being covenanters , and had complained of innovations ) could admit of such innovations as those which seemed to threaten the ruine of the libertie of the church , for these reasons : first , because , that above these fortie yeares no lay elder had sat in their presbyteries , and therefore it was a great innovation : secondly , because at the beginning of the reformation , when there was a kinde of necessitie to require the assistance of lay-men for the government of the church , ( ministers being then so few and scant , ) yet it was provided that they should ever be fewer in number then the ministers , and that therefore this obtruding of themselves in equall number , was not onely an innovation , but directly against the book of discipline , upon which they did so much ground their proceedings : thirdly , that it was a thing never ●eard nor practised before in that church , that lay-men had voices in the chusing of the ministers commissioners for the assemblie , and therefore if they would chuse , they desired them to chuse their own lay commissioner , but for the ministers commissoners to leave it to themselves , who were better able to discerne of their ministers abilities since they were weekly conversant with them , then they whom they had never seene in their presbyterie before . but all this opposition and arguing was fruitlesse : for the lay elders , according to their secret instructions from the covenanters tables , which afterward shall be related , would not remove , but put themselves in possession of suffrage , and so these ministers , and none but they , were chosen in each presbyterie whom the tables at edinburgh had designed : a thing so odious and distastfull to the ministers , that in some presbyteries , the ministers ( chosen commissioners ) had but eight ministers voices , and the voices of two and twentie lay-men , in others not above two ministers voices , in some but one ; but in all presbyteries the ministers commissioners were elected by the pluralitie of layvoices . some of these ministers , though covenanters , seeing the libertie of the church by this meanes utterly lost and betraied , did repaire to the two covenanting ministers of edinburgh , to whom they bemoaned themselves , wondring that they would give way to the utter defacing of the church by these laick intrusions ; to whom they gave this answer , that they grieved for it as much as themselves , but that the necessitie of the times was such , that they must wink at it , else the nobilitie , gentrie , and burrowes did threaten them with a desertion , upon which a division must follow , which by their oath and covenant they were bound by all meanes to prevent . but the aggrieved ministers were not satisfied with such cold , comfortlesse , and unconscionable answers , but resolved in many presbyteries to draw up their protestations against the lay elders to the assemblie ; yet they were so threatned by the laitie , that most of them fell back and durst not adventure upon it , though others both covenanters & non-covenanters had the courage to do it , but with what successe shall be declared when we come to speak of the assemblie it selfe . yet this we will confidently averre , that when our commissioner came last from that our kingdome , three parts of foure of all the covenanting ministers did detest the elections made by lay elders , and would have declared the nullitie of all such elections if they durst have done it ; and that these ministers , ( unlesse they have changed their minds since ) had rather live under episcopall government , then under the tyrannie of the laitie and a few ministers , from whom they have suffered more in a few moneths , then ever they did under all the bishops in the kingdome , since our comming to the crowne : all which verie many of them have affirmed , both for themselves and others , to our commissioner , divers of our councell , and others of good credit and qualitie , whom we dare and do trust . but the elections being now past according as they had plotted them , or in good forwardnesse so to bee where they were not yet past , the covenanters next care was , how to hinder the subscription of the confession of faith commanded by us , they conceiving it their master-piece to stop any thing ( though never so well liked by themselves ) if it were commanded by our authoritie ; as fearing , that if we had obedience given to us in any one thing , our people might recover the taste of government : and hearing that our commissioner was to repaire to the colledge of justice , there to tender to the lords of our session , who are the supreme judges of our lawes in that kingdome , the confession of faith and band annexed , to be sworne by our authoritie , that very morning they set up rollock to preach , ( though it was not his ordinarie course ) where many of our judges were present before they went to sit : there hee with many false and foolish impertinences did so labour to perswade them , that the swearing of that confession was unlawfull and plaine perjurie , that hee shewed himselfe a ridiculous and most dishonest man to most that were present , & a weak man to all ; and so little he prevailed , that immediately after sermon , the judges repairing to their usuall place of sitting , whither our commissioner came presently and tendered them the said confession , all of them , except foure who were knowne to be of the false stamp , did sweare to it and subscribe it , the number of the judges in all being twenty . and here we desire the reader to observe , whether these men shall not be accounted a faction , and not a bodie of a kingdome , when they shall separate themselves from us ; who are their soveraigne , from the bodie of our councell , who have the supreme government of the kingdome under us , and from the bodie of our judges , who are the interpreters of our lawes , and under us the supreme judges of all their estates and fortunes , these two judicatories , together with our judges in criminall causes , being under us , by the lawes , constituted the onely judges of all their actions : for if these covenanters shall ascribe unto themselves the government , because they are more in number then those who disassent from them , then certainly in all kingdomes and republiques , the established government must goe downe ; for in them all , they who are ruled and governed are farre more then the rulers and governours . they then seeing that their fierce endeavours were fruitlesse with the lords of the session , with all speed dispatched some of their tables throughout all parts of the kingdome , to stop the subscription to the confession of faith commanded by us , with copies of their protestation to be read in all places , where our commissioners should either proclaime our declaration , or require subscription to that confession : in many places they prevailed , in many not ; where they prevailed , they used such indirect and violent courses , as they gained an assent from many mens mouths , whose minds were very farre from it . in glasgow , after that the lord lowdan , with divers others , noblemen , gentlemen , and ministers , sent ( as they pretended ) from the tables at edinburgh , had caused to bee read that infamous libell ( of which you shall heare afterwards ) against the archbishop of glasgow in his owne cathedrall church , without the knowledge of the magistrates of that citie ; the lord lowdan desired the provost of glasgow to convocate their towne councell , that hee might impart some things unto them ; which the provost refused : but that lord and his associates , understanding that their ordinarie church session sate that afternoone , at which the magistrates and ministers were to be present , came suddenly into the place where they did sit , beyond their expectation , where the lord lowdan made a speech of great length , concerning the iniquitie and danger of our covenant , adjuring them both by perswasions and threatnings , that they would not subscribe the confession of faith required by us ; and therefore his demand was , that he might have the assured promises of the magistrates and ministers , that they would not subscribe it , that so he might report their answer to the tables from whence he was sent : to which the provost presently answered , that his lordship knew well that our commissioner had required from them a subscription to our covenant , that they had humbly intreated of his grace some short time to returne their answer ; and therefore hee wondred that any man should thinke it was fit to answer any who was sent from the tables , before they had made their answer to our commissioner ; and so refusing to give any answer to these emissaries from the tables , they went away unsatisfied . the covenanters , finding that our commanding of the subscription of the confession of faith ; in many places had given satisfaction , and had indeed confuted that lying scandall of our inclination to poperie , and that many of the covenanters had remitted much of their former rigour , being much taken with our last gracious proclamation , the heads and swayers of the foure tables , ( as if all their designes were come to the last cast ) cast about once againe , and laboured hard to worke our people into the beliefe of this one point , that none of these things promised in our last gracious proclamation , no not the assembly it selfe , were ever intended to bee performed by us ; that wee onely studied to gaine time , untill wee were ready for their ruine ; and therefore they gave out , that our commissioners late comming from hammilton to edinburgh was onely to prorogue the assembly . they spent daies and nights in penning a protestation against it , and writing multitudes of copies to be readie in all places of the kingdome , before the proclamations of the prorogation should arrive . they sent for all their partie to flocke to edinburgh , as if now there were greater danger then ever : all which was carried with notable hypocrisie ; for the authors of this report did disperse it , not that they did beleeve it to be true , but because it was conduceable to their ends to have the people beleeve it . but knowing that they who do act long parts , must needs sometimes be out , and that the time of the assembly beginning to approach , and our commissioners provisions and preparations for his journey to glasgow , were farre stronger proofes to our people of our holding the assembly , then all which they had surmised to the contrarie , they then betooke themselves to their last shift , which was a miserable and wicked one , and it was this : since they were perswaded that the assembly indicted by us would now hold if they could not divert it , they resolved to take such courses , as they conceived our commissioner neither could nor would endure ; with which they did conceive they should so irritate him , that he could not chuse but either discharge or prorogue the assembly . for two things now they feared : first , that they had committed a great errour in petitioning us for an assembly , which they conceived was fully in their owne power to indict ; and therefore did begin to thinke , that by that act they had weakned their owne power and claime , and supposed , that it had been more agreeable to their designes , if they had indicted one themselves , being the title which they meant to stand to , as appeareth by their owne indiction of a new assembly , since the dissolution of this . secondly , they were affraid of nothing more then this , that our commissioners propounding and passing into acts of assembly , all the particulars of our grace and favour contained in our last proclamation , would abundantly satisfie the greatest part of their owne partie , when they should see the grounds of their feares of innovations in religion removed , which occasioned them to enter into the late covenant : but now , if our commissioner could be forced any way , either to prorogue or discharge this assembly indicted by us , that then they would presently indict one themselves , which they were sure we would not countenance with any commissioner from us ; by which meanes they were both secured from having their partie weakned by our propounding in assembly our gracious offers expressed in our last declaration , and were certainly perswaded , that they should easily induce our people to beleeve , that these things promised in that declaration were never intended by us. to compasse therefore their desires of our commissioners either proroguing or discharging the assembly , they resolved to increase their disorders to such a height , as they hoped hee would never endure them ; and to multiply so many affronts upon him , and in him upon us and our authoritie , as they imagined should be past all sufferance : as first , by their letters directed from their tables at edinburgh , they quarrelled with our commissioner , that our confession and covenant was commanded to bee subscribed in many parts of the kingdome by the authoritie of us and our councell , with an unbeseeming violence : the copie of their letter to our commissioner , being then at hammilton , here followeth . please your grace , wee were glad of the indiction of an assembly , as the meane to bring our complaints to an end : and as we promised for our part to doe our endevour , that all matters might be carried in a peaceable way , and no man troubled in any sort till that time , so did we certainly expect that no violence or molestation should have beene used against any of those who had subscribed the late covenant : and yet , far contrarie to our expectation , are brought hither almost every houre grievous complaints from many of the people , in divers parts of the kingdome , that they are by the threatnings and open violence of some states-men , councellours , and barons , constrained to subscribe a confession of faith , and band ; some with blind and doubting minds , and others against their consciences , to the great trouble of their soules , and great disturbance of the peace of the country , contrarie to such peaceble preparations as should have preceded a perfit pacification at a generall assemblie . if we had heard but some complaints of this kind , we would have spared both your graces paines and our owne , but complaints being multiplied more and more , we could not of duty but make some representation thereof to your grace , that some course may be taken for present suppressing this so irreligious and unjust manner of doing ; and for preventing the hard consequences that may ensue from people who are thus pressed to subscribe against their minds , and from others who are joyned in covenant with them ; which , as it is humbly petitioned , so it is confidently expected by edinb . . oct. . your graces humble servants , cassills . lothean . lindsay . lowdoune . balmerino . johnstoun . burgly . the complaint contained in this letter did afterward prove to bee most unjust ; and yet it was dispersed through the kingdome with horrible and most false aggravations , viz. that some of our councell with charged pistolls and drawne daggers held to the breasts of our subjects , had forced them to subscribe our covenant : to this their letter our commissioner returned an answer , though not to their table , because hee would not acknowledge it , yet to that nobleman , whose hand was first at it : the copie of which answer is this . my very good lord , i have received from your lordsh : and other noblemen a letter , containing a complaint against the violence offered to divers of his majesties subjects , by states-men , councellours , and others ; and that complaint aggravated by your promising and undertaking , for your selfe and all your adherents , that no man should be troubled till the generall assembly ; and your just expectation that the same course should have beene held on the other side by us . for the former , i know not what states-men , noblemen or barons , your lordsh : meanes ▪ for naming none , i know not to whom i shall take my selfe ; nor doe i know what violence and threatnings you mean : if you meane his majesties commissioners appointed by the king , they requiring his subjects to subscribe the old confession and covenant , by his authoritie now renewed , and remonstrating unto them the danger they incurre by law in not obeying his majesties commandement , i hope that cannot bee called violence but duty , the omission whereof , must needs bee a violation of , and violence offered to his majesties sacred authority : if other violences and threatnings they have used , as your lordsh : seemeth to intimate ( for their obedience to his majesties just authority , i am sure , your lordsh : will not call violence ) they must answer for it , and shall whensoever your lordsh : shall make known the delinquents . but alas my lords , tell me now in good earnest whether you have heard they have used such violence in perswading this covenant , as hath beene used by your adherents in inforcing of yours ? hath the bloud of gods servants , his holy ministers , been shed , which bloud i am affraid keepeth the vengeance of god still hanging over this land ? have men beene beaten , turned out of their livings and maintenance , reviled and excommunicated in the pulpits , and a thousand more outrages acted upon them , for not subscribing this covenant ? have none who have subscribed your covenant , done it with blind and doubting minds ? if they have , i beseech your lordsh : not to call his majesties councellours legall proceedings , irreligious and unjust , untill you have proved the piety and justice of the proceedings of your owne adherents . for the other , of your undertaking and promising for your parts , that no man should be troubled till the assembly , and expecting the like from us , truly i am glad i have it under your lordsh : hands ; for i think there are few houres of any one day , since the indicting of the assemblie , that from all parts of this kingdome , i am not vexed with complaints of new processing of ministers , new with-holding of ministers stipends unprocessed , heavie complaints of ministers of your owne covenant , that they are threatned , and that sharply and bitterly , for their declaring of their griefe , in being barred of their freedome in the election of their owne commissioners to the generall assembly , and being borne down by the multitude of lay voyces , and menaced because of their protesting against the same . the complaints of ministers non-covenanters and lay-elders non-covenanters , chosen by their sessions to assist at the election of the commissioners from the presbyteries , but turned backe , for not having subscribed your covenant , and reviled with bitter words , for being so pert as to come thither ; is this the performance of promising , that no man shall bee troubled till the assembly ? these are , indeed , preparations verie unfit to precede this assembly , they being so unpeaceable and like to take up much time , in discussing at that great meeting the illegality of these elections . my lord , the truth is , i shall be as carefull to see any wrong offered by his majesties commissioners ( in urging his majesties authority ) punished , when i shall know the offences and the offenders , as i am heartily grieved at the proceedings of your associats : here i am sure , his majesties commissioners have been rather backward then forward , but so have not your lordsh : adherents been ; for they have in verie many places proclaimed your protestation , where his majesties declaration hath not been proclaimed . i hope your lordsh : will pardon my unusuall prolixitie ; for i confesse i am much troubled to see his majesties good subjects led into such misconstructions of his pious and religious intentions towards them . this my letter , i pray your lordsh : to communicate to the other noble lords , who subscribed that to me . to your selfe and them , i pray your lordsh : commend the true respects of your lordsh. for the earle of cassills . this letter it seemes gave them no satisfaction , for they still continued their reports : besides , they had the boldnesse by another letter from the same table , sent likewise to our commissioner , being then at hammilton , to expostulate with him , that one of our ships at sea had searched a scottish merchants ship for ammunition , when as they themselves before had searched a merchants ship for some ammunition , which we had sent for scotland , and would have seized upon it , if they had not been prevented ; and immediately after , a little english vessell carrying beere to some part of that kingdome , was likewise stayed and searched by them . in the same letter they quarrell with our commissioner , for hindering the bringing of horses from england thither , which is unlawfull for any one to doe , without a speciall licence from the master of our horse : the copie of their letter , filled with their ordinarie pretences of religion , and our commissioners answer unto it , be these . please your grace , after your parting from us , we had knowledge from john wilson skipper , and sundry of his passengers newly arrived , that being at sea on his way from holland hither , one of his majesties small ships of eight peeces , came aboard and searched him for armes and ammunition , declaring they did the same by his majesties warrant . we doe not so much value the hazzard of any prejudice , as we are heartily grieved to find any such note of his majesties displeasure , differencing us from his other subjects , when our own hearts and the lord that searcheth them doth heare witnesse of our loyaltie and affection to his majestie , especially to have found it now when we are made so secure , both by the hopes of obteyning from his majesties favour , by your mediation , these ordinary and publike remedies that can fully settle this church and state , and by assurance from your grace we should finde no such hard dealing , during the time of your imployment amongst the subjects here , who trust in your care to prevent speedily the inconvenience of this , as you did in that other late particular anent the arrest of our horses in england . we thinke this advertisment sufficient to your grace , who is wounded through our sides if wee suffer any thing in this time , being so farre interessed to vindicate us from such prejudice , who doe acknowledge our selves to be edinb . the . septemb. . your graces humble servants , rothees , montrose , home , weymse , lindesay , boyd , londone , balmerino , dalhousie , forrester , elcho , craustoune , baltarres , burghly , lothiane . my lord , i have received a letter this day signed by your lordsh : and sundry other noblemen , making mention , that one john wilson skipper , being on his way from holland hither , was searched by one of his majesties small ships . this is no new nor unaccustomed thing ; for commonly the captains of his majesties ships during the time of being at sea , doe take notice what the loadings of all such ships are , as they meet with , who trade in the channell ; it being a prerogative that belongs to his imperall crown ▪ i am perswaded that your lordsh : and the rest of my lords cannot thinke , but if his majestie had been desirous to have made stop of importation of ammunition into this kingdome this time past , but it would have been an easie matter for him to have effected ; but so little hath he regarded this , as he hath not so much as taken notice of it : and yet it were no strange thing , if his majestie should give direction to cause examine for what end so great store of ammunition is imported into this kingdome , and a little more narrowly to looke into our actions ; when , by i know not whom , there hath been so much notice taken of such ammunition , as his majestie hath thought fit to send hither . for notwithstanding that your lordsh : sayes we are made secure by the hopes of obtaining from his majestie these remedies that can fully settle this church and state , yet i may say courses are taken to put feares in his majesties good subjects minds , by perswading of them that no such thing is intended : this does too too manifestly appeare by the watching and guarding his majesties castle , and many other courses ; but of this i will write nothing , my intention being only to returne answer of what is writ to me : and therefore for your lordsh : satisfaction i shall acquaint his majestie with the contents of your letters , who will no doubt give such directions therein , as his good subjects will have no just cause of complaint : whereas you have been pleased to say , that you have been assured by me , that you should receive no such hard dealing , during the time of my imployment ; let mee desire you to consider this aright , and you will find it none ; for neither was that ship stayed from proceeding in their intended voyage , nor any thing taken from them : nor needs your lordsh : to doubt that his majestie will doe any thing ( except our owne indiscretion provoke him ) that may make appear to the world that he makes a difference betwixt us of this nation and his other subjects . bee confident , my lord , that my endevours have , and doe tend to no other end , but to the glory of god , the honour of his sacred majestie , and the preserving from ruine this poore distracted kingdome ; and that i have and shall labour to prevent all such accidents as may breed the least stop or hinderance of this wished event , which i hope and am confident that your lordsh. and all those noble lords who have signed this letter to me , will take the same to heart ; and then certainly you will not be so easily moved with such light and sleight reports : nor will your lordsh : thinke that either you or i can bee wounded by the order and command of so pious , mercifull , and so clement a prince as is our dread soveraigne , who hath showne himselfe to be so full of goodnesse , as we must of all men living prove the worst , if we be not thankfull to god , and him for it . this my letter your lordsh : will be pleased to communicate to the rest who have writ to me , and esteeme of me as hammilt . . sept. . for the earle of rothees . your lordships humble servant , hammiltoun . with his answer they were so far from being satisfied , that to answer this affront ( as they did interpret it ) for searching a ship of that kingdome at sea , they resolved to put a greater affront upon us , by increasing their guards about our castle of edinburgh : in fyfe , they gave order for a communion throughout their churches , at which they made every one to sweare that they should not subscribe our confession and covenant , nor any other but their owne , which they swore againe de novo ; especially to stand to that part of it which concerneth mutuall defence against all persons whomsoever . they gave generall order for the fast to bee kept on the fourth of november , being sunday , neglecting the day designed in our proclamation , which was the wednesday following , and the seventh of that moneth . our commissioner seeing these contempts daily to increase , and hearing that they had appointed the communion to bee celebrated at edinburgh , sent for the provost and magistrates , and inquired of them these particulars : first , whether at their communion ( which was to be celebrated the two next sundaies following ) it was intended , that the like oath should bee taken with them , as had been taken in fyfe : secondly , whether they intended to keep the fast-day designed by us in our proclamation , and according as they had lately since been required to doe , by an order sent from our councell to them for that purpose : thirdly , what order they had taken with those , who had the day before reviled and abused doctor eliot while he was preaching in the pulpit . that he had sent for them , because he had found those few ministers , by whom they were ruled , to bee unreasonable men , and despisers of authoritie . to the last , they promised that they would make a discoverie of the offenders , and see them punished ; which they never did : for the first , they thought it most unreasonable that any oath should be ministred as it was in fyfe : for the second , they thought it most reasonable that our fast-day should be kept but before they could give a full answer , they must first conferre with their ministers ; at their meeting with whom , they found that the ministers had intended that barbarous oath at the communion , and not to keep our fast-day more then other churches in the countrie had done : yet the magistrates did with much perswasions over-rule them in both . our commissioner did resolve with great solemnitie , attended with all our councell and judges , to keep that fast in the great church of edinburgh , on the day appointed by us , and gave notice thereof to the magistrates ; who returned him thanks , and assurance of welcome ; but understanding that they were resolved to discharge the ordinarie ministers of that church , from preaching there that day , onely because they were non-covenanters , and had appointed their places to be supplied with the two onely covenanting ministers of their towne , he sent for the magistrates againe , telling them , that he could not come to their church , and countenance so great a disorder as the displacing of the two preachers of that church , onely because they were faithfull subjects to us ; nor durst heare these two preachers designed by them , who in their pulpits did ordinarily inveigh against us and our authoritie : unlesse therefore hee might either nominate the preachers , or heare the ordinarie preachers of that church , he must not come thither . the magistrates did what they could to perswade with their ministers ; the one of them was contented with our commissioners desire , but the other was so obstinate , as he would no way hearken to it ; and him ( being so powerfull with the people ) the magistrates durst not offend : and so our commissioner , with our councell and judges , were necessitated to keep our fast at another church hard by our palace . now wee desire the reader to observe , how the heads of the covenanters were affraid that any shew of obedience should bee yeelded unto us by our people in the least point , they having ordered , that in most places of the kingdome , the day designed by us for the fast should not be observed ; certainly , onely because it was commanded by us , as being unwilling that wee , ( whom they had given out to our people for an innovator in religion , and an introducer of poperie ) should be thought by them to have any care of so religious an exercise as a solemne fast ; and how that in edinburgh , though the magistrates by their earnest intreatie had procured the observation of it , yet they could not obtaine it without putting a speciall affront upon authoritie , by displacing of those ministers who had continued in loyaltie and obedience to us. but these were nothing to their other violences , whereby they would have our commissioner take notice that it was impossible their proceedings at the assemblie should bee pleasing unto us : for not onely in many of their pulpits did they preach , that whosoever subscribed our covenant , were perjured and villaines , but when some affirmed the contrarie , and reproved the preachers for such furious speeches after their sermon was ended , they were cited before their presbyteries for so doing , and threatned with excommunication : nay , more then so , there were few ministers of the kingdome , not subscribers of their covenant , whom they did not presently processe and cite before their severall presbyteries ; and notwithstanding their appeales to the generall assemblie then approaching , yet they would not shew so much patience , but proceeded to present most illegall , and unwarrantable suspending of them , and other censures , as best pleased them ; which being complained of to our commissioner and councell , could finde no redresse , although they sent many times to the covenanters , requiring them to forbeare all such unjust proceedings , and to referre the triall of these oppressed ministers causes to the generall assemblie , which was now at hand . none were so insolent as the presbyterie of edinburgh ; for they presently put verie many of their ministers under processe : they begun with one master david michell minister of edinburgh ; our commissioner wrote earnestly to that presbyterie , to forbeare proceeding against him untill the assemblie , to the which hee had appealed , and where his cause might have a full and faire triall ; which they not only most unjustly rejected , but were so unmannerly , as they did not vouchsafe to answer his letter , either by message or otherwise : the next presbyterie day he wrote to them againe to the same purpose , but with the like successe ; for they proceeded without taking notice of his letter , or returning any answer to it , although in that second letter he had desired them , either to delay their proceedings that day , or else to send one or more of their number to him , ( being then hard by at our palace at holy-rood-house ) who might shew him some reason why they could not stay so long as untill the assemblie , which was now so neere approaching . our commissioner wondring at this contempt , by the advice of some of the principall lords of our councell , sent for an officer of our councell , and directed him to them with an ordinarie warrant drawne up in an ordinarie forme by the clerk of our councell , requiring them in our name , under paine of our high displeasure , and as they would answer the contrarie at their utmost perill , to desist from any further proceeding in that cause untill the generall assemblie ; to which the defendant had appealed , and which was to begin within foureteene dayes : this warrant was delivered unto them by the officer of our councell , in whose audience it was read , and when hee required an answer to it , hee received none , but in highest contempt of our crowne , dignitie , and royall commandement , and against all rules of justice ( the appellants appeale to the superiour court of a generall assemblie , legally depending ) for doctrines preached by him foure yeare since at least , and the witnesses being all lay-men , who ( besides their no extraordinarie memorie for such a time as was laid ) were men of such meane and ordinary understanding , as that it was improbable , if not impossible , that they should understand the doctrines wherewith he was charged ; and some of them being uncontroverted , and such as are generally received by all protestant churches in the world ; they presently suspended him , and discharged him from the place of his ministerie ; and afterward , to make their contempt the greater , sent downe three of their number to tell our commissioner that they had done so , who offered to shew him reasons for their so doing : but our commissioner told them , that since they were not pleased to shew him their reasons before their sentence as he required , hee would not heare their reasons after their sentence as they desired . but to let passe this and many more their such unjust proceedings , against those ministers which continued in our obedience , in all places of the kingdome , even when the assemblie was readie to begin , notwithstanding these ministers legall appeales thereunto , we shall desire the reader to observe their proceedings in one processe , which we are confident was framed and pursued with such malice , injustice , falshood , and scandall , not onely to the reformed religion in particular , but to the christian religion in generall , as it cannot be paralleled by any president of injustice in precedent ages , nor ( we hope ) shall ever be followed in future , and which if it were known amongst turks , pagans , or infidels , would make them abhorre the christian religion , if they did think it would either countenance or could consist with such abominable impietie and injustice . it is their processe against all and everie one of the archbishops and bishops of that kingdome : the covenanters did indeed first desire our commissioner , in his owne name and as hee was our commissioner , to grant out processe against the archbishops and bishops , and thereby to cyte them to appeare as rei , or guiltie persons : to whom he returned this faire answer , that he did not hold it fit to cyte them as guiltie , of whose guiltinesse hee had no presumptions ; and besides that he would be loath to do an act which should void , according to their grounds , both the prelats places and voices in the assemblie , they having laid it downe for a rule ( though it were a false one ) that parties cyted can have no suffrage there ; yet if either by the law or practice of that kingdome , the kings commissioner or commissioners did use to grant out any such processe , hee would not refuse it , being resolved to concurre with them in any course of justice : but he hoped that they would not make us his master , or himselfe do any act prejudiciall to the bishops , their place and government , before they were heard , and that in the meane time for their satisfaction he would advise with some of our judges and our advocate , whether any such processe was awardable , or had usually beene awarded by our royall fathers commissioners to the generall assemblie , and according to their advice hee would doe that which should bee agreeable to justice . from this answer of our commissioner , they expected no satisfaction to their desire ; for they themselves did know as well as any judge or advocate in the kingdome , that no commissioner either could award or ever had awarded any such processe as they required : and therefore they moved our commissioner once againe , that he would require our judges or lords of our session , to grant out such processe ; with which request , when our commissioner made our judges acquainted , they returned him that answer which the covenanters knew verie well they could not chuse but make , viz. that they could grant out no processe for the compeerance of any persons before them , but those who were impleaded , and whose causes were triable before them . the truth is , our commissioner found by inquirie , and the covenanters knew it perfectly well , that the ordinarie way of processe or cytation to a generall assemblie was to passe it under the hand of the clerk of the assemblie , whose office is during life , if he be not legally removed , & usually too under the hand of him who was moderator at the last generall assemblie ; both which were then living and are so still : the name of the clerk of the assemblie being master james sandelands , an advocate and commissarie of aberdene , and the moderator of the last assemblie , being the now archbishop of saint andrewes : but they who had all this while gone on in disorderly , illegall , and unjustifiable wayes , belike thought it an incongruitie to keep the beaten path and tract of justice in any thing , and therefore they fell and resolved upon a way so unlike justice , so repugnant to religion and common honestie , as one would wonder how they hit upon it , having neither law nor practise for it , which was this , they caused to be drawn up a most false , odious , and scandalous libell against the archbishops and bishops , with a petition annexed , to the presbyterie of edinburgh , wherein they desired the libell to bee admitted by them ; the copie whereof , as it was exhibited by them to the said presbyterie , and afterward publikely read in all the pulpits thereof , here followeth ; which out of our love to the christian religion we wish might never come to the notice of any pagan , and out of our love to the religion reformed , we wish might never come to the notice of any papist : but it cannot be concealed . the bill , or the complaint , of the noblemen , barons , burgesses , ministers , and commons , covenanters , ( which were not commissionaries to the assembly ) against the pretended archbishops and bishops within this kingdome , as it was presented to the presbyterie of edinburgh ; with an act of reference of the bill , from the presbyterie to the next generall assembly , as it was fully read on the lords day before noone in all the churches within the presbyterie of edinburgh , according to the act. noblemen . unto your wisedomes humbly shewes and complaines , we john earle of sutherland , john earle of athol , william earle of dalhousie , mungo vicount of stormouth , hugh lord montgomerie , david lord elcho , george lord forrester , arthur lord forbesse , john master of berridale , robert lord boyd , david lord balcarras , john lord melvill . barons and gentlemen . craggemillar , lugtoun , buchanan , young , dury , balgonny , balbirny , master william hammilton , thomas cragge of ricarton , john cowper of gogar , john hammilton of boghall , david inglis of ingliston , john dundas of newliston , sir william cockburne of langton , patrick cockburne of clerkinton , john leslie of newton , colonel alexander leslie , david barclay of onwerme , sir michael arnot of arnot , sir michael balfoure of deanemill , john aiton of aiton , david beaton of balfoure , john lundie of lundie , walter murray of liviston , sir john preston of ardrie , walter cornwall of bonhard , william scot of ardrosse , robert forbosse of ricesse , sir andrew murray of balvarde , george dundasse of dudistone , sir william murray of blebo , master robert preston , william dicksone . ministers . master william scot minister at cowper , master george hammiltoun at nuburne , master walter grog at balmerino , master iohn machgil parson of fliske , master andrew blackhat at aberlady . burgesses and commons . george bruce of carnock , george potterfield a burgesse of glasgow , john smith , john mill , lawrence henryson , richard maxwell , burgesses of edinburgh . we , for our selves , and in name and behalfe of the rest of the noblemen , barons , gentlemen , burgesses , ministers , and commons within this realme of scotland , subscribers of the covenant , who are not chosen commissioners to the generall assemblie , but ) who will assist and insist in this complaint with us , as faithfull christians , as loyall subjects , and sensible members of this church and common-weale , having interest to pursue this popular action , in a speciall manner and an eminent degree , by which pursuit god may bee glorified , christs kingdome advanced , that the church may bee restored to her priviledges and liberties , and freed from manifold scandals , from the corrupters of doctrine with poperie and arminianisme , of the sacraments with superstition and wil-worship , and of the discipline with tyrannie , and from the overthrowers of the peace of this church and kingdome by their usurpations and lies , their violent humours , and falshood for their owne worldly ends , may be tried and censured accordingly , and so this church and state made free from the present divisions and combustions , and restored to peace and unitie , both with god and amongst themselves , and that his majesties religious disposition and honour may be cleared to all the world , by the triall and censure of those men who have fraudulently abused his majesties name and authoritie by their trust and credit with his majestie : wee most earnestly make request , that whereas by the lawes of this church and kingdome , and by his majesties last proclamation , all his majesties subjects , whether ecclesiasticall or civill , of whatsoever title or degree , if they have exercised an unlimited or unwarrantable power , they are declared and ordained to be liable to the triall and censure of the generall assemblie and parliament , or to any other judicatorie , according to the nature and qualitie of the offence . and whereas master david lyndsey pretended bishop of edinburgh , master thomas sydserfe pretended bishop of galloway , master walter whitefoord pretended bishop of brichen , master james wedderburne pretended bishop of dumblane , master james fairley pretended bishop of argyle , master john spotswood pretended archbishop of saint andrewes , ( having their residences or dwelling places within the bounds of this presbyterie of edinburgh , ) master patrick lyndsey pretended archbishop of glasgow , master alexander lyndsey pretended bishop of dunkell , master adam bannatine pretended bishop of aberdene , master john gutherie pretended bishop of murray , master john maxwel pretended bishop of rosse , master george greme pretended bishop of orkney , master iohn abernethie pretended bishop of caithnesse , master neil campbel pretended bishop of the isles , should be tried and censured for their unlimited and unwarranted power . for whereas it was provided in the cautions agreed upon in the generall assemblie holden at mountrose , anno . for bounding of the ministers votes in parliament , and concluded to bee inserted in the bodie of the act of parliament , for confirmation of this vote as a most necessarie and substantiall point of the same , which was never yet repealed by a lawfull assemblie , that the minister should sweare , upon his admission to the office of commissionarie , to subscribe and fulfill the cautions agreed upon under the penalties expressed therein , otherwise hee was not to bee admitted ; yet the said master david lyndsey sometimes minister of brichen now pretended bishop of this diocesse of edinburgh , and pretended moderator of this presbyterie , with his foresaid colleagues , the pretended bishops and archbishops of this church respectivè , have taken upon them ( without craving or obtaining commission from the church as it is set downe in that assemblie at mountrose ) the office and power to vote in parliament , without swearing at his or their entrances to subscribe and fulfill those cautions which are set down under penalties . in the first caution it was provided , that he presume not to propound in parliament , in councell or convention , any thing in the name of the church without an expresse warrant or direction from the church , under the paine of deposition from his office ; and that hee should neither give consent unto , nor keep silence from any thing ( amidst these meetings ) that might bee prejudiciall to the libertie of the church , under the said paine . but the forenamed master david lyndsey pretended bishop of edinburgh , with the rest of his colleagues respectivè above named , have presumed ( having no warrant nor direction from the church ) to propound in parliament , and to consent to severall acts which have past in parliament , to the prejudice of the church , as namely , to the act concerning the restitution of the state of bishops , anno . the act concerning the chapiter of saint andrewes , anno . to the act of commissariots and jurisdictions given to archbishops and bishops , anno . to the ratification of the act agreed upon in the assemblie of glasgow anno . with an explanation , contrarie to the meaning and tenour of the said conclusions , anno . to the acts concerning the elections of archbishops and bishops , and to the acts concerning the restitution of chapiters , anno . to the ratification of the five articles of perth , anno . to the act concerning the apparell of churchmen , and to the ratification of the acts concerning religion , in which all the former acts are included , ann. . and to many other severall acts of this kinde . in like manner he propounded and gave consent to severall acts of the privie councell , for the establishing of it , and of the power of the high commission , which are against the lawes and liberties of this kingdome ; and for ratification of severall acts and sentences given out by them and their colleagues in that unwarrantable judicatorie : for in the same manner did he propound and consent unto the acts made in the privie councell for pressing and bringing in of the service booke , which would have trod under the frame of gods publicke worship in this kingdome , if the lord had not prevented it . and further , in the last convention of the states holden in the yeares . and . he did not onely keepe silence , but propound and give consent to some things which were prejudiciall to the liberties of this church , and he did oppose himselfe to the just desires and grievances which were presented in name of the church for some of her liberties and priviledges : whereas it was provided that he shall be bound upon each generall assemblie to give an account of the discharge of his commission since the assembly going before , and shall submit himselfe to the censure of the assembly , and stand to the determinations of it without further appeale , and shall sue for and obtaine ratification of his carriage from the assembly , under the paine of infamie and excommunication ; but the said master david lindsey , and his colleagues respectivè abovenamed , have never given an account of the discharge of his or their commissions , nor sought nor have obtained ratification of his or their doings from the assembly . whereas it was provided in the third caution , that he should content himselfe with that portion of the benefice which should be assigned to him from his majestie for his livelihood , not hurting or prejudging the rest of the ministers , or any minister whatsoever , planted or to be planted within his benefice , and that this clause was to bee inserted in his provision : besides , when bishops were charged in the assembly holden in octob. ann. . to quit the corruptions of that state , there was numbred amongst the corruptions , that they received for the maintaining of their ambition and riot , the emoluments of the church , which might sustaine many pastors , the schooles and the poor ; but the said master david lindsey with his colleagues respectivè , have tooke provision for their benefices , and the foresaid clause was not inserted , and he and they have prejudged ministers , schooles , and the poor , by taking and enjoying pluralitie of benefices . whereas it was provided in the fourth caution that he should not dilapidate nor make a disposition of his benefice without the consent of his majestie and the generall assembly ; and for the greater warrant of this , that he should interdict himselfe to the generall assembly not to dilapidate , nor to give consent to the dilapidation of his benefice made by others , and that he should be contented that an inhibition should be raised upon him to that purpose ; but the said master david lindsey , with his colleagues respectivè , have set , and take setled patronages . whereas in the fifth caution it is provided that he should be bound to attend his particular congregation faithfully in all the points of a pastour ; and that he shall be subject to the triall and censure of his owne presbyterie and provinciall assembly , as another minister that bears no commission : in like manner by divers acts and constitutions of the generall assemblies and presbyteries , non residents are punishable by deprivation ; yet the said master david lindsey with his foresaid colleagues respectivè , have been non-resident from his and their charges for many yeares ; nor have they performed the duties of pastours by preaching , administration of the sacraments , visiting the sick , &c. but they have deserted their charges by the space now of many yeares ; neither have they in this subjected themselves to the triall of the presbyteries and provinciall assemblies . that whereas in the sixth caution it was provided , that in the administration of discipline , collation of benefices , visitation , and all other points of ecclesiasticall government , he shall neither usurp nor acclaim to himselfe a power or jurisdiction further over the rest of his brethren , under the paine of deprivation : and in case he did usurpe upon the ecclesiasticall government , if the synodall presbyteries , or generall assemblies did oppose , or make impediment unto him ; whatsoever he did in that case should be ipso facto null , without a declaratour ; yet the said master david lindsey with his colleagues respectivè , have usurped a jurisdiction in the administration of discipline , collation of benefices , visitation , and other points of ecclesiasticall government , without a lawfull warrant from the church , in exercising power to suspend , deprive , command , and inhibite excommunication at their pleasure , to fine , confine , imprison , banish ministers , and other professours without the warrant of the lawes of the countrey ; appointing their moderators over presbyteries and synods , prorogating their diets , staying their proceedings against papists , sorcerers , adulterers , and other grosse offenders , by exacting of contributions to such commissioners as hee pleased to send to court for his owne and his colleagues affaires ; by depriving , and ordaining of ministers , not onely without the consent of the presbyteries and synods , but by ordaining of scandalous and unqualified ministers , and depriving of learned and religious pastours ; by ordaining ministers after a forme not allowed of in this church ; by silencing ministers for not reading the service book , and book of canons ; by interdicting after a popish manner , the exercises of morning and evening prayer in their churches ; by releasing of excommunicated papists ; by contradicting and crossing the votes of the presbyteries at their pleasure ; by their pretended negative vote directly contrary to this caution ; by enacting decrees of synods without demanding their votes ; by changing and falsifying their acts , when most votes had carried the contrary ; by many wayes have they failed in this caution , which are so notorious to the whole church and to your wisedomes , that wee shall condescend upon the same when we are required . whereas in the seventh caution it was provided , that in presbyteries , and in provinciall and generall assemblies , he shall behave himself in all things , as one of the brethren of the presbyterie , and be subject to their censure ; yet the foresaid master david lindsey with his foresaid colleagues respectivè , hath not behaved himselfe as a brother at these meetings ; he disdaines to sit in presbyteries , or to bee subject to their censures ; he sitteth and over-ruleth in provinciall assemblies rather as a lord then a moderatour ; and in stead of behaving himself as a brother in the generall assemblie , hath , by threatning and silencing , prejudged the liberties of the lawfull commissioners ; when they propounded , reasoned , or concluded matters conducing to the libertie of the church , he forced them to conclude things contrarie . that whereas it was concluded at mount rose , that none of them who should have vote in parliament should come commissioners to the generall assembly , or have vote in it in time to come , unlesse they had authority or commission from their owne presbyteries for that purpose ; yet the said master david lindsey with his foresaid colleagues respectivè , though they had no authoritie by commission from any presbyteries , have usurped to give votes in the last pretended assemblies . whereas in the seventh chapter of the book of policie , registrated in the register of the acts of the assembly , it was concluded , that in all assemblies a moderatour should be chosen by common consent of the whole brethren assembled together , and it hath beene so practised since the beginning of the reformation , till he and his fellowes began to break the cautions ; yet the said master david lindsey with his foresaid colleagues respectivè , have usurped the place of moderation in the last pretended assemblies , and rather domineered then moderated , to bring in novations ; yea further , have directed mandats from themselves as from the representative church of scotland , which name and power is only competent to generall assemblies ; he hath brought in the practice of many innovations in the royall chappell , in the abbey church , and his pretended cathedrall ; he hath laboured not onely to hinder the ordinary meetings of generall assemblies of this church , by obtaining letters and charge from authoritie to that purpose , but also hath laboured , what in him lay , to take away from the church the priviledge of holding general assemblies yeerly , belonging to her by the word of god , acts of this church , and lawes of this kingdome . whereas it is provided by another caution , that crimen ambitus shall be a sufficient cause of deprivation of him that shall have vote in parliament ; yet the said master david lindsey with is foresaid colleagues respectivè , are guilty of the said crime , in seeking of the said offices , and promising and giving good deeds for them . whereas it was provided by the book of discipline , and acts of the assemblie feb. an. . and december . & . that marriage should not be solemnized without asking of banes three severall sabbath daies before ; yet the said master david lindsey and his foresaid colleagues respectivè , have given licence to sundry ministers to solemnize marriage without asking three severall sabbaths before ; upon which have followed divers inconveniences ; a man hath been married to a woman her husband being alive , and they not divorced ; some have been married to persons with whom they have committed adultery before , and some have been married without the consent or knowledge of their parents . whereas by the book of fasting , authorized by the generall assemblie , and prefixed before the psalmes , no set or yeerly fasts are allowed , but disallowed , as contrary to the libertie of the church , and to the nature of the exercise ( a fast ; ) yet the said master david lindsey and his foresaid colleagues respectivè , have appointed yeerly fasts , and troubled some godly professors for not observing the same . whereas the office of a deacon is set forth in the book of discipline , and book of common order before the psalmes , according to the word of god , to have no medling with the preaching of the word , or the ministration of the sacraments , and by the first confession of faith ratified in the acts of parliament , chapter . ministers called unto particular flocks have only power of the ministration of the sacraments ; yet the said master david lindsey with his foresaid colleagues respectivè , have given a power to certain divines whom they make deacons ( men not admitted to the calling of the ministerie ) to administer the sacrament of baptisme , under the names and titles of preaching deacons , and they refuse to admit diverse men to the calling of the ministerie before they be admitted to that order . whereas it is ordained by the booke of policie ▪ and acts of the assemblie , that no man should receive ordination to the ministerie without a present admission to a particular flock ; yet the said master david lindsey with his foresaid colleagues respectivè , have separated the act of ordination from the act of admission . whereas according to the established order of the church , and the acts of the assemblie , the ordination and admission of ministers should be publick , in the presence and with the consent of the congregation ; yet the said master david lindsey with his foresaid colleagues respectivè , have given ordination to some men in other places , not in their own congregation ; & violently have thrust upon them scandalous ministers . whereas ministers who teach erroneous and corrupt doctrine should be censured by the book of discipline , and by the acts of the assemblie ; yet the said master david lindsey and his foresaid colleagues respectivè , have taught erroneous and corrupt doctrine themselves , and by their pretended power have preferred to the ministerie men who have taught erroneous doctrine against the confession of faith , and acts of parliament quoted in our covenant ; and they cherish and maintaine them who teach arminianisme and popery , as conditionall election ; free will ; resistibilitie of effectuall grace ; the universality of christs death ; the merit of it in heaven and in hell ; a finall apostacie of the saints ; the locall descent of christ into hell ; that christ came into the world clauso virginis utero ; auricular confession ▪ and papall absolution ; that the pope is not antichrist ; that the church of rome is a true church ; that reconciliation with rome is a thing easie ; that the church of rome erres not in fundamentals ; and that she differs not in fundamentals from the reformed churches ; they call in question the imputation of christs righteousnesse , and they affirme the formall cause of justifying faith , to consist in our inherent righteousnesse ; they affirme that there is a locall and circumscriptive presence of christ in the sacrament , and they change the sacrament into a sacrifice , and the table into an altar , the ministers into priests . there are other damnable and hereticall points of doctrine which they maintaine ; of which we shall give particular information in our particular accusation of each one of them respectivè , with the proofes thereof , when we shall be required . whereas by the acts of the church , no oaths or subscriptions should be required from those who enter into the ministerie , but to the confession of faith , and to the book of policy ; yet the said master david lindsey with his foresaid colleagues respectivè , without a warrant from the church or parliament , doe exact diverse oathes and subscriptions from them who enter into the ministerie ; namely , that they should both in publick and private prayers commend the prelats to gods mercifull protection ; that they should be subject to the orders which were now in the church , or by the consent of the church , that is , by their consent ( as they affirme ) should be established ; as to the service book , and to the book of canons . the heavinesse of this grievance made the most part of his majesties subjects to complaine in these articles , that worthy men which have testimonies of their learning from universities , and are tryed by presbyteries to be fit for the worke of the ministerie , and for their gifts and lives were much desired by the people ; yet these men are kept out because they could not be perswaded to subscribe and swear unto such unlawfull oaths , which have no warrant from the acts of the church , nor the laws of the kingdome ; and they were articles and oaths conceived according to their pleasure ▪ and men of little worth , and ready to sweare , were for by-respects thrust upon the people , and admitted to the most eminent places of the church , and of the schools in divinity , which breeds continuall complaints , and moves the people to run from their owne parish churches , refusing to receive the sacrament from the hands of ministers set over them against their hearts , which makes them not to render unto them that honour which is due from the people to their pastours ; and it is a mighty hinderance to the gospel , to the soules of the people , and to the peace of this church and kingdome . whereas in the assembly holden at edinburgh , in march , ann . . it was declared that it was neither agreeable to the word of god , nor to the practice of the primitive church , that the administration of the word and sacraments , and the ministration of civill and criminall justice should be confounded , that one person could supply both the charges , but that a minister should not be both a minister and a senator in the colledge of justice . and in the assembly holden in october an. . it was reckoned amongst the corruptions of the state of bishops , which they were charged to forgoe , that they should usurp a criminall jurisdiction , that they should not claime unto themselves the titles of lords , that they should onely be called by their owne names , or brethren ; yet the said master david lindsey , with his foresaid colleagues respectivè , have assumed to themselves the titles and honours of lords , they did sit as senators in the colledge of justice , as councellors in the privie councell , as auditors in the exchequer , and have enjoyed prime offices of state. the pretended bishops have usurped the place and precedencie before all temporall lords , the pretended archbishops before all the noble earles of the land , and the pretended primate before the prime officers of state in the land . whereas by the word of god and acts of the assembly , namely , anno . . and . no man should be suffered to be a minister , unlesse hee be tied to a particular flocke and congregation ; and not to be tied to a particular flocke it is condemned as a corruption of the state of bishops which they were charged to forgoe ; yet the said master david lindsey , with his colleagues respectivè foresaid , are ministers , and will not be tied to particular flockes . whereas the office of a bishop ( as it is now used within this realm ) was condemned by the booke of policie , and by the act of the assembly holden at dundee , anno . whereof these are the words ; forasmuch as the office of a bishop ( as it is now used and commonly taken within this realme ) hath no sure warrant from authoritie , nor good ground out of the scriptures , but it is brought in by the folly and corruptions of the inventions of men , to the great hurt of the church , the whole assembly of this church with one voice , after liberty given to all men to reason in the said matter ( no man opposing himself to maintain the said pretended office ) doe find and declare the said pretended office , used and termed as is abovesaid , unlawfull in it selfe , as having neither ground nor warrant within the word of god ; and we doe ordaine that all such persons which doe , or shall hereafter , enjoy the said office , shall be charged simply to dismisse , quit , and leave the same , as an office unto which they were not called by god ; and that they shall leave off all preaching , ministration of the sacraments , or other offices of pastors , untill such time as they receive admission de novo from the generall assembly , under the paine of excommunication to be used against them ; and if they be found disobedient to contradict this act in the least point , after due admonition , the sentence of excommunication shall be executed against them . and for the better execution of the said act , it is ordained that a synodall assemblie shall be holden in everie province ( in which usurping bishops are ) . august next to come , in which they shall be cyted and summoned by the visitors of the said countries to compeere before their synodall assemblies ; as namely , the archbishop of s. andrewes to compeere at saint andrewes , the bishop of aberdene in aberdene , the archbishop of glasgow in glasgow , the bishop of murray in elgin , to give obedience to the said act , which if they refused to do , that the synodall assemblies shall appoint certaine brethren of their presbyteries to give them publike admonitions out of their pulpits , and to warne them , if they disobey , to compeere before the next generall assemblie to be holden at edinburgh . octob. to heare the sentence of excommunication pronounced against them for their disobedience : and to this act the bishop of dumblane that then was , agreed , submitting himself to be ruled by it : it was also condemned by the act of glasgow anno . which doth ratifie the former act of dundee , and ordaines the book of policie , which was approved by severall generall assemblies to be registrated in the books of the assemblie , and enjoyned the generall confession of faith to be subscribed by all his majesties lieges , yet hath the said master david lyndsey with his foresaid colleagues respectivè , not onely incroached upon the liberties of presbyteries and synods , but hath also took consecration to the office of a diocesan bishop , without the knowledge or consent of the church , and against the acts of it , claiming the power of ordination and jurisdiction , as due to him by that unwarrantable office . besides , the said master david lyndsey with his foresaid colleagues respectivè , have , against the lawes of the church and kingdome , brought in the service book , the book of canons , and the high commission court , and would have changed and overthrowne the whole frame of doctrine of gods word , the use of the sacraments , the discipline , liberties and priviledges of this church and state , if the lord had not prevented them ; the particulars wee shall present to your wisdomes , though it bee knowne to all men , how hee and they have abused his majesties authoritie against his royall intentions and declarations , they having moved discontents betwixt the king and his subjects , by scandalous lies betwixt subject and subject , for which things complaints have been given in to the councell , which we hold heare to be repeated as a part of our complaint , and to be tried by your wisdomes , and referred to the assemblie . besides all these faults , the said master david lyndsey with his colleagues respectivè , in his life and conversation is slandered constantly as guiltie of excessive drinking , whoring , playing at cards and dice , swearing , profane speaking , excessive gaming , profaning of the sabbath , contempt of the publike ordinances and private familie-exercises , mocking of the power of preaching , prayer , and spirituall conference , and sincere professors ; besides , with briberie , simonie , selling of commissariots places , lies , perjuries , dishonest dealing in civill bargaines , abusing of thir vassals , and of adulterie , and incest , with many other offences , of which we shall give the particulars in our particular accusations . whereas the presbyterie is the ordinarie judicatorie of this church for trying of these offences , and hath the ecclesiasticall power for cytation of the parties and offenders , with the reference to their complaints to the generall assemblie , therefore wee most earnestly and humblie beseech your godly wisdomes , as you tender the glorie of god , the peace and libertie of this church , the removall of scandals , and punishment of vice , that you will take into your consideration and triall the foresaid many and hainous offences , with the particular reservations and qualifications of them , which we shall present to your wisdomes , or to the assemblie when it shall bee thought convenient ; and that you would either take order with it your selves , and censure the offenders , according to the nature of the offences , with the ecclesiasticall paines contained in the acts and foresaid canons of this church and kingdome , or else make a reference of them to the generall assemblie to bee holden at glasgow . novemb. and , that the knowledge of these should come to the delinquents , that you will be pleased to ordaine the publishing hereof , to bee made by all the brethren of the presbyterie in their pulpits upon the sabbath before noone , with a publike admonition to the offenders to be present at the assemblie , to answer to this complaint , and to undergo the censure and triall of it , and to bring with them the books and scroules of subscriptions and oaths required from those who enter into the ministerie , with the books of the high commission court , and the books of the generall assemblie , which they or their clerk had or have fraudulently conveied away , together with this certification , that if the said master david lyndsey , with his foresaid colleagues respectivè , do not appeare in the said assemblie , and bring with them the said books , to answer to this complaint in generall , and to the particular heads of it , and to submit himselfe to the triall and proofe of this complaint generall , and to the particular heads of it , that there shall be a condigne censure of these offenders for their contempt and contumacie ; here wee humblie beseech your wisdomes answer . the act of the presbyterie of edinburgh . octob. . yeares , in answer to this complaint . upon the said day , we the brethren of the presbyterie of edinburgh , after we had received this bill and complaint , presented unto us by the laird of buchanan , the laird of dury the younger , the laird of carlourie , john smith late bailife of edinburgh , john hammiltoun , and richard maxwel , in name of the noblemen , barons , burgesses , and commons , subscribers of the covenant ( which are not commissioners to the generall assemblie ) against the pretended archbishops and bishops of this kingdome , and after wee had read and seriously considered the same , wee , according to the desire of the complainers did and do referre the same to the next generall assemblie to bee holden at glasgow . november . and we ordaine the publishing of this complaint , and of our reference of it to the assemblie , to be fully read by all the pastors of the presbyterie upon the next sabbath before noone out of their pulpits , with a publike warning and cytation to the offendants complained upon ; by name , master john spotswood pretended archbishop of saint andrewes , master patrick lyndsey pretended archbishop of glasgow , master thomas sydserfe pretended bishop of galloway , master david lyndsey pretended bishop of edinburgh , master alexander lyndsey pretended bishop of dunkeld , master adam bannatine pretended bishop of aberdene , master john gutherie pretended bishop of murray , master john maxwel pretended bishop of rosse , master george greme pretended bishop of orknay , master john abernethie pretended bishop of caithnes , master walter whitefoord pretended bishop of brichen , master james wedderburne pretended bishop of dunblane , master james fayrley pretended bishop of argyle , master nail campbel pretended bishop of the isles , to be present at the said assemblie , to answer to this complaint in generall , and to the particular heads of it , to undergo the triall and censure of it , and to bring with them the books and scroules of the subscriptions and oaths of them who enter into the ministerie , the books of the high commission , and the book of the generall assemblie , which they either had or have fraudulently put away ; and if any pastor within this presbyterie refuse to publish this cytation , we require the reader of the church to do it . in like manner wee require all parties who have interest , either in pursuing , or specifying , or proving this complaint , to be present at the said assemblie for that purpose : upon which the complainers took instruments in the hands of the notarie . according to this complaint , and the warrand of the presbyteries reference of it , i a. r. warne and admonish the abovenamed offenders to compeere before the next generall assemblie to bee holden at glasgow . november , for the causes contained in the complaint , and for the certification expressed in it . now though the verie reading of this libell cannot chuse but work a detestation of it in the heart of everie religious and just man , yet the reader shall do well to take a more speciall notice of these particular passages of injustice and impietie in it : first , that the presbyterie of edinburgh taketh cognisance of the cause , and accordingly makes cytation , not onely of the bishop of edinburgh , over whom they can have no jurisdiction , but of all the rest of the archbishops and bishops , of which none at all , or certainely if any , verie few , are inhabitants within the bounds of their presbyterie : and who before this , did ever heare that any consistorie or judicatorie , ecclesiasticall or civill , could make processe against any man , or take cognisance of the cause of any man , who was not an inhabitant , nor had any charge or estate within the precincts or bounds of those places , which onely are liable to the jurisdiction of that court ? next , who did ever heare that men should wittingly and willingly cyte others to answer for the transgression of acts and lawes which they themselves do know were repealed by posteriour acts and lawes ; and so stood at the time of this cytation , and therefore can no wayes be censurable for them , though it were true that the person cyted had done as it is alledged in the libell , and such be these acts of assemblie cyted by them , which were and still are disanulled by divers acts both of assemblie and parliament : thirdly , who did ever heare that men should be called in question for yeelding obedience to acts of parliament and generall assemblie , and yet in this libell the prelats are charged with giving voices in parliament , and practising the five articles of perth , and divers other particulars , which then were and are now still in force by acts both of parliament and assemblie : and if it should be said that these acts were unduly obtained , which is the covenanters onely plea , sure to say so is a greater fault then the other ; for what judge can ever give sentence in any cause , if the asseveration of the partie aggrieved by the sentence , that the law was unjustly made , may passe for a good plea ? fourthly , who ever heard that men should bee charged with yeelding obedience to acts commanded by the authoritie of us and our councell , especially in things not repugnant to any established law of that church and kingdome ? and yet such are all these pretended innovations , with the introduction whereof the prelats are charged in this libell : for they were injoyned and commanded first by us , and then by acts of our councell , it being farre more agreeable to reason to complaine of the lords of our councell , by whose authoritie they were commanded , then of those who in dutifull obedience to authoritie did practise them : but indeed it is to bee wondred at , with what face the covenanters can blame either the one for commanding , or the other for practising them : for what ground have they , or did they ever yet alledge , for their swearing to the confession of faith and their covenant annexed ? did they ever yet alledge any but the authoritie of our royall father and his councell , who by their authoritie commanded them to bee sworne throughout the realme ? and did not we and our councell by equall authoritie command these pretended innovations ? was not then the prelats practice of them as well warranted , as this confession of faith and the band annexed , which were never brought in by acts of parliament or assemblie , but meerly by our royall fathers prerogative , and put in execution by the authoritie of his councell ? fifthly , who did ever heare that men professing pietie and religion , durst adventure in the sight of god , in the house of god , and in the pulpit , which is as it were the chaire of god , and in the face of the congregation , which is the people of god , to command the bishops to be indited and accused of such horrible crimes , as whoring , excessive drinking , excessive gaming , swearing , profane talking , profanation of the lords day , contempt of gods publike ordinances , neglecting pietie in their families , mocking of the power of preaching , prayer , and spirituall communication ; briberie , simonie , lying , perjuries , unhonest dealing in civill bargaines , adulterie , incest , and what not ? we do even appeale to their owne consciences , whether they did thinke all of them , or any one of them , guiltie of all these crimes : most certainly they did not ; and that excuse which they bring for the justifying of this wicked libell cannot any wayes extenuate their fault : they say that some particulars contained in the whole libell may be proved against everie one of them , and therefore it is a good and a legall libell , if they can make good any thing contained in it : but bee it legall or not , the world must needs take notice that it is most unconscionable . the other things mentioned before , and charged upon them in this libell , are not crimes at all , being warranted by acts of parliament , assembly and councell ; these last rehearsed are crimes indeed , odious in the sight of god and man , and of which , as if they be guilty , the bishops deserve death and exquisite torments ; so , if they who have accused them of these crimes , shall faile in proving them to bee guiltie , they deserve to bee infamous throughout all generations , for the most malicious and malignant traducers of the servants of god , that ever lived upon the earth , and must looke for the unavoidable judgements of god to fall upon them and their whole families for this so horrible a crime , committed wilfully against the knowledge of their owne consciences , unlesse they doe expiate it with the bitter teares of repentance : for we desire them to declare bonâ fide , whether they themselves did beleeve or conceive all the bishops accused in the libell , or onely some of them to bee guiltie of these last recyted crimes : if not all , but some , why did they not distinguish them , that the people might know whom they should take for guiltie , and whom for not guiltie ? nay , did they not beleeve and know , that some of these bishops were holy and learned men , free from the crimes objected ? for instance , we will onely name the bishop of edinburgh , seeing in the principall presbyterie of his diocesse this libell was presented , admitted , and publiquely read in the churches within the precincts of it : did they then , or doe they yet beleeve or suspect that he was guiltie of incest , adulterie , excessive whoring , gaming , drinking , dicing , swearing , &c. ut supra ? we doe verily beleeve , that if they were judicially called , they would absolve him from such foule crimes ; how then they can answer to god , men , or their owne consciences , for accusing that reverend , learned , and holy prelate of such crimes , for which they themselves would be his compurgators , we must leave it to themselves to resolve : nay , what if they themselves did not beleeve any one , not the most hated of all the prelates to be guiltie of these last recyted crimes ? sure , the presumptions are very pregnant and unanswerable , that they did not beleeve it : for at the generall assembly , when the severall bishops causes came to bee heard and discussed upon this libell , they did not so much as offer to make any proofe of these last rehearsed crimes against them , they examined not so much as one witnesse upon them in discussing the processes of many of the bishops : and in the printed acts of their pretended assembly ( as shall appeare by those passages of it in their place ) in their particular sentences of deprivation and excommunication , they not onely do not censure them for these crimes , but doe not so much as take notice of them : and it is well knowne , that these men who in all their proceedings had made everie bishops moat a beame , were not so mercifully or compassionately affected towards them , that they would have spared them , or forborn to make proofe of these crimes , if they had seene but colour for it . if they shall say , that though they could not prove these crimes , yet there was a publique scandall of them ; there was indeed a scandall raised amongst them , and that publique enough , when it was proclaimed in the pulpits ; but by whom was it raised ? even by the principall covenanters themselves , who were resolved to raise a fame when they were sure they could prove no fact : or if they should alledge that they did forbeare probation , or examining of witnesses , out of their respect either to the bishops calling or their persons , they will hardly find credit with any one ; for who will thinke they did it out of the respect of their calling , which they have given out for popish and antichristian ? or out of respect of their persons , whom they have scandalized in so many great and publique congregations of the kingdome , infinitely exceeding in number those who were present at the assembly ? the plaine truth then was this : they could easily slander them with these crimes in the churches , but they were sure they could make no proofe of them at the assembly . sixthly , who did ever heare , that the forme of proceeding of presbyteries in that kingdome was by reading of the libell in any church ? the custome being to cyte them personally where they may be found ; or if they be not to be found , by leaving both the cytation and copie of the libell at the place of their dwelling ; or if the partie bee out of the kingdome , by cyting him publiquely in the church , and afterward serving him with a copie of the libell upon his coming home and appearance : and if he doe not appeare , by proceeding against him tanquam pro confesso ; which forme was observed by them in the processing of all the ministers , whom at this time they suspended and transmitted over to the generall assembly , none of their libells being publiquely read in churches : but with the bishops they proceeded otherwaies , against all course of law , made the libell against them bee read publiquely in the churches , and that after divers of them , upon the covenanters owne knowledge , had been served with it by the officers of that presbyterie ; so that there was no use of any further publique citation , personall citation being already made : nay , and to doe it upon a sunday , though that morning the magistrates of edinburgh , by our commissioners speciall commandement , required them to forbeare : nay , yet to publish that infamous libell in their churches , upon a day when the holy communion was solemnly administred ; nay , and in the colledge church where rollock is minister , ( because it was late , and after noone before all the people had received ) to have the ordinarie thanks-giving and praiers after the communion quite omitted , and the afternoone sermon begun without any precedent praier , and all to gaine time for the reading of this lewd libell , as if it had been of greater consequence then either the thanks-giving or praiers after the holy communion , or the reading of those lessons and chapters of sacred scripture , or using of praier , which are duties usually performed before sermon : nay , to have this libell read in the afternoone , directly against the act of the presbyterie which appointed it to be read in the forenoone , and to have it read neither by minister nor reader , as the act enjoyneth , but by a lay-man , and a fierie advocate : all these put together , let the reader judge whether here were not many acts , first of injustice , then of impietie ; as drawing along with them the profanation and violation of the lords house , the lords day , the lords holy communion , the lords service and worship in both parts of it , praier and preaching . seventhly , the reader shall doe well to observe in the preface of this libell , what a harmlesse and hazzardlesse mustring and training of their men they make : for all the covenanters being now one grosse bodie , sworne to one covenant , and to mutuall defence one of another , without admitting any motion which shall tend to the division or breaking of their rankes , see how they divide themselves , onely to exercise their armes , and to make them perfect in their postures and motions ; after they have cast themselves in severall figures , they fall to skirmishing , not in earnest , but in jest , to please themselves and the spectators : for since they could not all be judges , and commissioners of the assembly , they make their fellow-covenanters not elected commissioners , to be plaintiffes ; so that indeed upon the point , the plaintiffes and judges are all one : for they having all sworne and abjured ( as they say themselves ) the principall things to be determined in the assembly , the same actors before they came from their tables at edinburgh , sorted and divided their parts , appointed some to bee chosen commissioners , and so to act the part of judges , and others of themselves to draw a libell against those whom they should nominate , so they should act the part of plaintiffes : in the meane time , what was like to become of the poore defendants and the parties cited ? whether they were not like to bee killed in this play , let the spectators deliver their opinions : and this now is that libell , with which the covenanters did undoubtedly compasse their owne end , which was , to raise up in the people an utter abhorring of the present bishops persons , and an irreconcilable hatred against both their persons and calling ; but with what religion , justice , and honestie they have effected it , others besides themselves , both in heaven and earth , must judge and give sentence . as this of the libell was a tricke of falshood , so about this time there was put upon the people a notable tricke of forgerie , which was this : there was a maid , whose name is michelson , her father was a minister ; and when he died left her young , she hath been for many yeeres distracted by fits : upon this young maids weaknesse some were pleased to worke , and to report her for one inspired with a spirit of divination ; and finding , that out of her blind zeale shee was wonderfully affected with their covenant , and that in her raving fits her words tended all , or for the most part , to the admiration of it , and detestation of the opposers of it ; and perceiving , that shee was well skilled in the phrases of the scripture , and had a good memorie , so that shee could remember the bitter invectives , which both in the pulpits and elsewhere shee had heard made against the bishops and the service-booke , they thought her a very fit instrument to abuse the people , and cryed her up so much , that the multitude was made beleeve her words proceeded not from her selfe , but from god. thence was that incredible concourse of all sorts of people , noblemen , gentlemen , ministers , women of all rankes and qualities , who watched or stayed by her day and night , during the time of her pretended fits , and did admire her raptures and inspirations , as coming from heaven : she spake but at certaine times , and many times had intermissions of daies and weekes , in all probabilitie , that she might have time to receive instructions , and to digest them against the next time of exercising her gifts ( as they call them ; ) which so soone as shee was ready to begin , the newes of it was blowne all the towne over , and the house so thronged , that thousands at every time could find no accesse . the joy which her auditors conceived for the comfort of such a messenger from heaven , and such messages as she delivered from thence , was many times expressed by them in teares , by none more then by rollock her speciall favourite ; who being desired sometimes by the spectators to pray with her , and speake to her , answered , that he durst not doe it , as being no good manners in him to speake while his master was speaking in her . now , that shee was set up by the covenanters , to perswade their ends with the people , there bee two reasons which may induce the reader probably to beleeve : first , because that they of best judgement , who were present at the time of her pretended raptures , did affirme , that they saw nor could observe nothing supernaturall in them ; they onely found she had a good memorie , especially of that which she had read in the scripture , or had heard preached : that shee had a very good expression of her selfe , but yet they found that both shee knew that shee was speaking , and what shee was speaking ( contrary to that report which went about of her ) and that while she was speaking , if she were interrupted by any questions , shee made very pertinent answers to them , which could not have been , if all that time shee had been transported with any supernatuall rapture . secondly , because most of all that shee spake , still tended to the covenanters ends : when she spake of christ , she ordinarily called him by the name of covenanting jesus : the summe of her speeches for the most part was , that it was revealed unto her from god , that their covenant was approved and ratified in heaven ; but that our covenant was an invention of sathan ; that all the adherents to it should bee confounded , as all the adherents to the former were and should be protected by god , the author of their covenant , against all opposition whatsoever ; which speeches of hers were averred by the covenanters with as great confidence , and admired by the people with as much veneration , if not more , as any other of their pulpit dictats : which presumptions did make very many ( both covenanters and others ) thinke , that the crying up of this maid , did looke something like a romish imposture . let all this rebellious behaviour , and these contempts of our commissioner and councell , interveening betweene our last gracious proclamation of the indiction of the assembly , and the day of the assembly neere at hand , bee laid together , and what judgement can any man make of them , but that they were devised and practised principally for this purpose , that our commissioner might prorogue or discharge the assembly , from whence by these strange proceedings hee could not have the least hope of any good : and if hee should discharge it , they were sure they should gaine some credit with their partie , whom they had made beleeve that hee never intended otherwise , as also , should indict an assembly themselves , which they made full accompt to doe ; which appeareth both by the tenour of the commissions given to their severall commissioners , both from presbyteries and burrowes , which run thus : we give you full power to appeare for us at this assembly now indicted the . of november next , wheresoever it shall happen to be , not naming the place , glasgow , where wee had appointed it , hoping that it should bee prorogued ; in which case they intended to hold it at edinburgh , the seat of their tables , as also by divers of the covenanters letters written to that purpose ; the copie of one , written by the lord of balmerino , we here exhibit to you . loving cousin , i have lately received advertisment from severall friends that are chosen commissioners for the assembly , to helpe them to lodgings in glasgow ; i send you h●re a roll of some of our particular friends , whereof you may give a copie to the provost and magistrates , that they , ( being men of quality ) may be accordingly furnished for themselves and their train , with such roomes ( at least ) as you have provided for me . i hope your magistrates have beene as carefull to provide for the commissioners as for the councellours , which are not so necessary members of the assembly as the commissioners : and if they be not well eased , it may be a great argument to the assembly to remove it selfe elsewhere . i am of opinion , that of the three hundred necessary commissioners of assembly , the halfe of them have not provided themselves , as being farre distant and unacquainted , hoping in so good a towne to fnde all commodities for money . i would send a servant to take possession of those lodgings which can be had , for my self and our friends , that we be not surprised with the councellours followers , who are to be with you the or of this instant . george porterfield undertooke to my lord lindsey and other noblemen , at his last being here , to bespeake three or foure of the best lodgings they designed for such noblemen as was given him in list ; we have heard nothing of his performance . my lord lindsey hath written oft-times to me , and i would intreat you to desire george to write with the first occasion to john smith , or any other he pleaseth here , that we may know his care and account of his undertaking . you will pardon me for this trouble i put you to , being for friends that will be verie sensible of it , whereof none are more obliged and lesse able to acquite all your favours , then edinb . novemb. . . your loving cousin to dispose of , balmerino . i could wish our owne friends were as well bestowed neere one another as can be ; and if i cannot come there the next weeke , i will send a servant . by these lines you may easily perceive , both the insolent contempts used by these men towards our councel , and the resolution which they had to keep the assembly , or to remove it at their pleasures . but after they were once perswaded , that our commissioner was resolved to hold the assembly at the time and place appointed by our proclamation , the time of it approaching , they sent out from their tables a second paper of publique instructions throughout all the parts of the kingdome , which were these ▪ that all noblemen subscribers of the covenant , ( except the noblemen of the west , who shall be ready upon advertisment ) meet at edinburgh the . of november , and stay there till they goe to glasgow , where they shall all meet on saturday the . of november at the furthest . that the full number of these who are appointed commissioners by the severall shires , to attend this common cause , with foure gentlemen within the bounds of every presbyterie at the least , out of the number of their assessors , without excluding any voluntaries , that they come to glasgow the . day of november , to attend constantly the assembly , and give their advice in the common cause to the ruling elders , commissioners to the assembly out of these shires and presbyteries . that the burrowes appoint ( according to their quality and number ) two , foure , or six , of most judicious men to come to glasgow the . of november , and there constantly to attend the assembly , and give their advice to their commissioner in this common cause . that the fast be observed the fourth day of november universally , with any other dayes they may conveniently : and if any be repairing to the assembly , that they keepe the fast where they shall bee for the time . that now especially , seeing ruling elders from particular congregations are received in presbyteries , that particular congregations take such course , that no minister commissioner be forced to be absent from the assembly for want of necessarie charges . that where any hath beene deceived or compelled to subscribe this new covenant , that the ministers take their declarations in writing , or by act in the bookes of session , or before one witnesse , that they were forced , deceived , or mistaken : and that every minister make known , and intimate publikely to the people the printed protestation , contayning the reasons against this new subscription ; and where the minister refuseth , that some well affected gentleman doe it . in the first of these , there is a meeting appointed of all the commissioners , first at edinburgh , then at glasgow , which was ( no doubt ) to agree upon the conclusions to bee made in the assembly , before the assembly should assemble : in the second and third you see a course taken , that both from presbyteries and burrowes , the severall commissioners shall have numbers of assistants , without whose advice the commissioners were to conclude nothing ; a thing never heard of before at any assembly of that church ; and by which multitude they meant to terrifie all those , who in glasgow should offer to oppose or speake against them . in the fourth , to the high contempt of our authoritie and proclamation , they appoint another day for the publique fast then was by us designed . in the sixth , they order that all these who had subscribed our covenant and confession , should bee presented as publique offenders . these new instructions , especially that article which appointed so great troupes to repaire to glasgow , all which ( as our commissioner was informed ) meant to goe thither with armes , and in hostile equipage , which is most severely prohibited by the lawes of that our kingdome , moved our commissioner and councell , by publique proclamation at the crosse of edinburgh , severely to interdict any commissioner for the assembly at glasgow to travell thither , or to continue there with more attendance then those of their owne family and ordinarie retinue ; and that they should carrie with them no other armes , but such as were allowed by the lawes of that kingdome , under the paines and penalties contained in the said lawes . this proclamation they onely answered with a protestation , yeelding no obedience to it ; for they travelled to glasgow in great troupes , carrying with them prohibited and warlike armes . it is easie now to be conceived , that our commissioner could expect no good from this assembly , the preparations whereunto were so full of rebellion and tumult ; and the precedent elections of the members whereof had induced many legall , unavoidable , and undeniable nullities of it : yet because our people should clearely see the realitie of our royall intentions , and the covenanters partie might understand how they had beene abused by the reports which their leaders had dispersed , that we meant nothing lesse then to keepe this assembly ; and principally , that in that assembly we might fully make good to all our subjects , whatsoever we had promised in our last gracious declaration , ( the heads of the covenanters having mainly laboured with them that point , viz. that we never meant to performe what therein we had promised ) our commissioner began his journie towards glasgow , and arrived there on the . day of november in a quiet and peaceable manner , none of his traine carrying with them any prohibited armes : there met him at glasgow all our councell by our direction , according to a letter which we had written unto them , requiring them to assist him all the time of his being there , with their best concurrence and counsell : our letter to them here followeth . right trusty and right wel-beloved cousin and councellour , right trusty and right wel-beloved cousins and councellours , we greet you well : as by your letter wee find how well you are satisfied with our gracious pleasure , expressed in our late proclamation and declaration ; so we doe expect the continuance of your care by your best indevours , to bring all our good people to a true sense of our royall intentions , and reall care of preferring and advancing the good and peace of that church and kingdome , which hath alwayes been and still is one of our chiefest cares . we give you hearty thanks for your affection and paines in this service , and doe approve of your course in subscribing of the confession and band , and order taken by you for publishing and requiring the like due and thankfull acceptance of our gracious pleasure by all our good subjects . and seeing the time of the assembly doth now approach , we require you to attend diligently upon our commissioner , untill the time appointed for the downe sitting of the said assembly , and further , to the finall ending thereof ; that from time to time you may be assisting to him with your best opinions and advices , for preparing and digesting every thing that may conduce to bring this businesse , to be treated upon in the assembly ; to the wished peaceable and happy end . and although we will not doubt but that all our good subjects will bee carefull of every thing that may concerne us , or our soveraigne authority ; yet because that at such publike and generall meetings , it is not to be expected that all mens dispositions will be alike , and of one temper , wee require you , and that in a more particular manner , according to the trust and confidence wee have in your affections to our service , carefully to advert , that if any proposition shall be made , which may seeme to derogate from soveraignty , or that true estate of monarchicall government already established within that kingdome , or which may impede the peaceable conclusion of this assembly , that as good subjects and faithfull councellours and servants to us , you assist our commissioner to withstand the same to the uttermost of your power : to whom we will you to give absolute trust in every thing which he in our name shall deliver or impart to you , or any of you , in publike or in private , and so we bid you farwell . from our honour of hampton court the first of october . . the citie of glasgow being much filled and thronged with all sorts of people , on the . day of november . the day designed by our proclamation , the generall assembly begun , and was opened ; and the proceedings were as follow . after sermon in the morning , they assembled in the afternoone : the ancientest minister of the towne , who had preached in the morning , desired all present to begin the action with the chusing of a moderatour : our commissioner ( who sate upon a state raised in a place eminent above the rest , with his assessors about him conveniently seated below ) told them that there was something to be done before the choice of the moderatour , viz. that his commission was first to be read , that it might be knowne by what authoritie he sate there ; which was done , and so our commission to him was publikely read , as followeth . carolus dei gratia , magnae britanniae , franciae , & hiberniae rex , fideique defensor , omnibus probis hominibus suis ad quos praesentes literae pervenerint , salutem . sciatis nos considerantes magnos in hoc regno nostro scotiae non ita pridem exortos tumultus , ad quos quidem componendos multiplices regiae nostrae voluntatis declarationes promulgavimus , quae tamen minorem spe nostrâ effectum hactenus sortitae sunt : et nunc statuentes ex pio erga dictum antiquum regnum nostrum affectu , ut omnia gratiosè stabiliantur & instaurentur , quod ( per absentiam nostram ) non aliâ ratione melius effici potest quam fideli aliquo delegato constituto , cui potestatem credere possimus tumultus hujusmodi consopiendi , aliaque officia praestandi , quae in bonum & commodum dicti antiqui regni nostri eidem delegato nostro imperare nobis videbitur . cumque satis compertum habeamus obsequium , diligentiam , & fidem praedilecti nostri consanguinei & consiliarii , jacobi marchionis hamiltonii , comitis arraniae & cantabrigiae , domini aven & innerdail , &c. eundemque ad imperata nostra exequenda sufficienter instructum esse , id●irco fecisse & constituisse , tenoreque praesentium facere & constituere praefatum praedilectum nostrum consanguineum & consiliarium jacobum marchionem de hamiltoun nostrum commissionarium ad effectum subscriptum . cum potestate dicto jacobo marchioni de hamiltoun , &c. dictum regnum nostrum adeundi , ibidemque praefatos tumultus in dicto regno nostro componendi , aliaque officia à nobis eidem committenda in dicti regni nostri bonum & commodum ibi praestandi , eoque concilium nostrum quibus locis & temporibus ei visum fuerit convocandi , ac rationem & ordinem in praemissis exequendis servandum declarandi & praescribendi ; & quaecunque alia ad commissionis hujus capita pro commissâ sibi fide exequenda , eandemque ad absolutum finem perducendam & prosequendam conferre possunt , tam in concilio quam extra concilium , nostro nomine efficiendi & praestandi ; idque similitèr & adeò liberè acsi nos in sacrosancta nostra persona ibidem adessemus . praeterea cum plena potestate dicto jacobo marchioni de hamiltoun , prout sibi videbitur nostro servitio & bono dicti regni nostri conducere , conventum omnium ordinum ejusdem regni nostri indicendi , ac publica comitia & conventus eorundem ordinum eorumve alterius vel utriusque quibus temporibus & locis sibi visum fuerit statuendi , & ibidem nostram sacratissimam personam cum omnibus honoribus & privilegiis supremo commissionario nostri parliamenti & publici conventus incumben̄ similiter adeoque amplè sicut quivis supremus commissionarius quocunque tempore retroacto gavisus est gerendi : necnon cum potestate praefato jacobo marchioni de hamiltoun synodos nationales ecclesiae dicti regni nostri tenendas temporibus & locis quibus sibi visum fuerit indicendi , & ibidem seipsum tanquam nostrum commissionarium gerendi , omniaque eisdem tenendis inservientia secundum leges & praxin praedictae ecclesiae & regni nostri praestandi : et hac praesenti nostrâ commissione durante nostro beneplacito duratura , & semper donec eadem per nos expressè inhibeatur . in cujus rei testimonium , praesentibus magnum sigillum nostrum unà cum privato nostro sigillo ( quia praefatus marchio de hamiltoun in praesentiarum est magni sigilli custos ) apponi praecepimus , apud oatlands vigesimo nono die mensis julii , anno domini millesimo sexcentesimo trigesimo octavo , et anno regni nostri decimo quarto . per signaturam manu s. d. n. regis suprascriptam . now , this our commission was sealed both with our great seale of that kingdome and our privie seale , because the archbishop of s. andrewes the late lord chancellour , had lately delivered up unto us our great seale of that kingdome , which being by us for a time deposited into the custodie of our commissioner untill we should otherwise dispose of it , it was thought fit , that our commission to him should be attested , not onely by our great seale , which he then had in his custodie , but by our privie seale also , which was in the keeping of the lord privie seale : after the commission read , our commissioner exhorted them to a peaceable and moderate carriage , touching a little ( but with great discretion ) the disorderly proceedings which had been used before their meeting : at which a nobleman lay-elder presently took fire ( an undoubted presage of their succeeding carriage ) and answered sharply , that they had given his grace content for all their proceedings ; to which our commissioner replyed , that hee had never yet received any satisfaction from them in any of their proceedings , and , by way of attestation , called god to witnesse to it : it had like to have growne to a hot contestation , but that that night the assembly was dismissed . the next day upon their first sitting down , they urged presently the choice of a moderatour ; but our commissioner desired first our letter to the assembly to be read , which was done , and it was thus : although wee be not ignorant that the best of our actions have beene mistaken by many of our subjects in that our ancient kingdome , as if wee had intended innovation in religion or lawes ; yet considering nothing to be more incumbent to the duty of a christian king , then the advancement of gods glory , and the true religion ; forgetting what is past , we have seriously taken to our princely consideration such particulars as may settle and establish the truth of religion in that our ancient kingdome , and also to satisfie all our good people of the reality of our intentions herein , having indicted a free generall assembly to be kept at glasgow the . of this instant ; wee have likewise appointed our commissioner to attend the same , from whom you are to expect our pleasure in every thing , and to whom wee require you to give that true and due respect and obedience , as if wee were personally present our selves . and in full assurance of our consent to what he shall in our name promise , we have signed these , and wills the same for a testimonie to posterity to bee registred in the bookes of the assembly . at white-hall the . of october . . then they called againe for the choice of a moderator , at which time one doctor hammilton presented to our commissioner a declinator and protestation in the name of the bishops against the assembly , containing the nullities of it , with a desire that it might be read , and a publique act entred for the production of it : upon this there arose a very great heat in the assembly , they alledging , that nothing could be done untill a moderator was chosen ; and they did directly refuse to reade the said declinator : upon which both our commissioner entred a protestation in our clerke of registers hands against the refusall of it , and tooke instruments thereupon ; and so likewise did doctor hammilton in the name of the bishops . at last they proceeded to the choice of a moderator , to which , before our commissioner gave way , hee entred ( as before ) another protestation , that their act of chusing should neither prejudice our prerogative and authoritie , nor any law or custome of that church and kingdome , nor barre him ( when he should see cause ) from taking legall exceptions , either against the person elected , or the illegalitie of his election : and so they having put divers other stales upon the list , accordingly as it was resolved upon before at their tables in edinburgh , without one contrarie voice except his owne , who could not chuse himselfe , one master alexander henderson , the prime and most rigid covenanter in the kingdome , was chosen moderator . the third day our commissioner , at their first meeting , required againe that the bishops declinator and protestation might be read , which hee conceived they had promised after the moderator should be chosen : but they rejected it againe , adding then , that the assembly must be fully constituted of all it members , and bee once an assembly , before any thing could be presented to it : to which it was answered by our commissioner , that hee required it onely to be read , not to be discussed untill the members of the assembly were constituted by allowing of their severall commissions , because this declinator contained reasons why either all , or at least some elected , should not be admitted commissioners in the assembly , because of the nullities of the elections expressed in the declinator ; which reasons containing the said nullities , might perswade ( as they hoped ) with them , for the rejecting their commissions , which could not bee done after their approving and allowing of them , and so by vertue of these commissions , admitting them for constituted members of the assembly . the reason why our commissioner did so earnestly urge the reading of that declinator , was , because he did fore-see the fallacie which they meant to use , viz. the declinator cannot be read before the assembly bee constituted ; and they fearing that the declinator contained reasons against the constitution of it by such members as were elected , and that after they were once admitted , it was too late to alledge any reasons ; for then they were sure to answer , that all elections were discussed , and the members of the assembly received , and therefore nothing then to bee heard against either ; which indeed afterward was their very answer : there was nothing left here to our commissioner , but entring a protestation as formerly , and solemnly calling themselves to witnesse , whether with any shew of justice the reading of the bishops protestation could bee denied before the elections were admitted , the principall aime of it being to shew reasons why they could not be admitted , wondering with what colour or face they ( above all men ) could doe it , who had read and published so many protestations both against our proclamations and acts of our councell ; and so , how they could denie to our commissioner a thing required in our name , and by our authoritie , which they themselves had practised without any warrantie or authoritie at all : but all in vaine ; for not the least resolution taken at edinburgh must suffer any abatement : and therefore rejecting the reading of the declinator , they first put by the clerke of the assembly his sonne , who by reason of his fathers sicknesse had a lawfull deputation from him , and whom ( as it seemeth ) they afterward wrought to a demission , and went on to the election of a new clerke , whom without one contrarie voice they did chuse , viz. one master archibald johnston an advocate , the clerke of their tables at edinburgh ; against whose election our commissioner likewise protested as formerly . at his admission hee made a short speech , declaring ( against his conscience ) his unwillingnesse to accept that charge , but yet affirming , that at this time hee would not bee wanting to contribute his part towards the defence of the prerogative of the sonne of god ; as if that now had been in any danger . the fourth day they begun the reading of the severall commissions . our commissioner , as formerly , entred a protestation to take exception against their elections , in his owne due time ; onely hee was content they should goe on , that he might see their justice in allowing or disallowing the elections , of which he knew many to be very untoward , and made with violence : now the reader is carefully to observe their partialitie in admitting or rejecting elections : for wheresoever there was a non-covenanter chosen ( of which number there were not above two or three ) or any moderate covenanter , not designed by them at edinburgh , and chosen according to their secret instructions ( with which the reader shall afterward be made acquainted ) them they either quite rejected , or suspended from voice , untill some exceptions made against their election should bee discussed ; which they were sure should never bee done : as shall now appeare in these particulars . when the commission from the presbyterie of peebles was read , there was presently read a protestation and petition given in by a meane minister of that presbyterie , not against the election it selfe ( for there did not appeare the least shew of exception against it when the act of the presbyterie was read ) but against some violence pretended to be used by our lord treasurer , who , being an inhabitant within the precincts of that presbyterie , was present at the election : the petition was conceived in very boisterous and uncivil terms : the lord treasurer answered all that was pretended so fully , that not any one in the assembly seemed to bee unsatisfied ; there being not one election returned which was more punctually made , and that even according to their owne publique instructions : yet because the commissioners elected , though covenanters , were not the same who had been designed at edinburgh , nor such as another lord , dwelling in that presbyterie , who was a lay-elder and covenanter , had a mind to , the approbation of that commission , and admission of these commissioners most shamefully was put off and respited , untill that petition and protestation might be examined ; and so it was continued from time to time , though it were often called upon : our commissioner told them , that sure there were none present , who did not admire at these proceedings ; and that if the petitioner failed in his probation ( which afterward hee did , and asked pardon for it ) hee deserved some exemplarie punishment to bee inflicted upon him , who had dared to traduce so great an officer of state : in this particular it was too plain , that the poore minister was onely set on to present this protestation for the reasons now declared . after this , there arose a very hot contestation , concerning the election of the lay-elder for the presbyterie of brichen : the earle of montrose presented one commission in which the laird of dunn was chosen lay-elder by the voyce of one minister , and a few lay-elders : there was another commission presented by that presbyterie , in which was returned the lord carnaegie , lawfully chosen by the voyces of all the rest of the ministers and lay-elders ; yet because the earle of montrose did oppose the election of the lord carnaegie , though his owne brother in law , all the covenanters in the assembly sided with the laird of dunn , for whom the earle of montrose stood , both of them being rigid covenanters , against the other lord who was a covenanter likewise , but a more moderate one . and indeed , it was a wonder to see how openly all rules of justice without any feare or shame , were laid aside in this particular ; for though they did not approve the election of the laird of dunn , who wanted voyces to his election , yet they would not admit of the other , whose election admitted not the least scruple . in the agitation of this business , there fell out a memorable passage , of which the covenanters were very much ashamed , because it betrayed one of their secret instructions , & it was this : there was written upon the back of that commission which was tendered by the lord montrose , a declaration wherein the lawfulnesse of that commission , and the unlawfulnesse of the other was offered to be cleared , in which , among other things , it was objected against the lord carnaegie his election that it was made contrary to the directions of the tables at edinburgh ; which the clerk perceiving , stopped , and would read no further . our commissioner hereupon required the moderatour to give him a copie or extract of that paper which was last read , and of the names of those who had subscribed to it , and that subscribed by the hand of the clerk of the assembly . the moderatour absolutely refused it : our commissioner told him , that he desired it to help him in our service , that by it he might bee the better informed how to proceed in his objecting against such commissions as he meant to challenge : the moderatour againe refused to doe it , alledging , that the challenged declaration was but accidentally written on the backe of the commission ; our commissioner replyed , that could not be written privately or accidentally , which was given in publike to the assembly , and that by a member of it , of so great place and quality , for a justification of his proceeding in that election ; and withall protested , that though he were not our commissioner , but the meanest subject of the land , he could not in justice be denied the copie of any thing exhibited in a court of justice . but all in vaine : for after much cavilling by the moderatour and other covenanting lords , our commissioner desiring the moderator to put it to voyces whether he could be denied a copie of it ; even that was refused him likewise , they being afraid , that the assembly would not deny so notorious an act of justice : upon which our commissioner ( though mildly , yet with some expression of distast ) did thus deliver himselfe : let god almighty judge if this be a free assembly , in which is denyed to his majesties commissioner that , which cannot be denyed to the meanest of his subjects ; and at last , hee tooke instruments in the hands of our clerke of register , that he was refused the copie of a declarator given in to the assembly , delivered into the clerkes hands , and publikely read by him , in which , amongst other things , was contained , that the election of the lord carnaegie , commissioner from brichen , was invalid , as being contrarie to the directions of the tables of the commissioners at edinburgh ; which occasioned the moderator to say , that our commissioner needed no copie of it , he had so faithfully repeated all that was contained in it : our commissioner hereupon , since he could not obtaine a copie of it , desired all present to be witnesses of what the moderator had spoken , & that he had acknowledged his faithfull repetition of that part of the declarator whereof he was refused the copie ; and thereupon againe tooke instruments . in this businesse sir lewis stuart , one of our assessors to our commissioner , spake some few words ; which when the moderator was about to answer , the lord of montrose forbid him to answer one who had no place to speake there : afterward there arose a great contestation between the earle of southesk , one of our assessors , and the moderator , with so much heat on the moderators side , and some lords who sided with him , that our commissioner was put to moderate the moderator , and quench the heat of the assembly ; for which many of them gave our commissioner thankes , and so all businesse was continued till munday . on munday , being the . day of their sitting , they went on in the rest of the controverted elections , refusing to heare the lord carnaegie his election discussed , but putting it off to a committee : master andrew logie minister of red , but a non-covenanter , being returned a commissioner from the presbyterie of garrioche , was refused to be admitted , though they laid not the least exception against his election : their pretence was , there was a petition presented against him to the assembly , and no voice must be allowed him , untill he had answered that : a very easie device for putting by any commissioner whom they liked not , since it was no hard matter to find one to present a petition against any man. another minister of the channery of rosse , and archdeacon of rosse , one master william mackeinzey , commissioner from the presbyterie of the channery , upon certaine cavills both of his election and commission , which did beare , that he should continue there no longer then wee or our commissioner should continue the assembly , because the sole power of calling and dissolving of assemblies did belong to us , for the present was onely suspended from his voice ; the reason was plaine , he was a non-covenanter , and had openly averred in the assembly , that at their election the ministers of their presbyterie were threatned by those who brought letters from the tables , if they should returne the election of any , but such as they , who brought the letters , desired . two elections were returned from the presbyterie of aberdene , one of covenanters , made by a few ministers , but many lay-elders , at which neither the moderatour nor the clerke of the presbyterie were present ; another of non-covenanters , which election was made onely by ministers , and at which the moderatour and clerke were both present ; yet that other election , at the returne whereof there wanted the clerkes hand , ( without which no presbyteriall act can bee taken for a record ) was allowed , and the other rejected , upon the bare relation of one of the covenanting ministers who was returned wrongfully , and the attestation of the other whom the moderatour openly in the assembly called up and desired to testifie whether the relation of his fellow was true : an excellent way of proofe against a publique record , to take the testimonie of one who was as wrongfully returned as the relator . the universitie of aberdene sent none of their professors to the assembly , not daring to trust themselves upon the way , having been so much threatned with the losse of their lives for writing against the covenant : onely they sent one of their number , no divine , but a professor of humanitie , to excuse their absence ; his commission being read , gave him onely power to be there , and did constitute him their agent in any thing which should concerne their universitie ; requiring him to continue there , and from time to time to give them advertisement of all that passed . the moderatour did justly affirme , that that was no commission , the party having no power by it to give any voice in the assembly , and so there was no more to be said to it : but immediately something being transmitted by whispering from eare to eare , untill it came to the moderatours eare , the moderatour begun presently to recant , and perusing his letter of credence , said , hee perceived that there was onely want of formalitie in the draught , which they might easily passe over ; and so they allowed that for a commission which was none , and admitted him to have a voice in the assembly , though the universitie gave him no such power , nor would they have sent any commissioner but a divine . at this sudden change of the moderatour , made in him by a whisper , many begun to smile , and to lay wagers that the party admitted was a covenanter , which the moderatour did not expect from that universitie , and that this secretly-conveyed intelligence of it had changed him ; and indeed afterward it proved to be so . and thus the members of their assembly were constituted , just as they had designed them ; at which they were mightily over-joyed , being now assured , that they might conclude what they pleased : and although it might in common reputation have better suited with the principles of wisedome , not to have taken exceptions against these few elections , which were made contrarie to their directions ( for thereby they had gained the opinion of impartialitie ▪ and had lost nothing of their power , those few voices not being able to carrie any thing against their great number ) yet such was their blind obstinacie , that they scorned that any one should sit there who runne not their rebellious courses , as holding it a dis-reputation to them if they should be thought to have abated any thing , not onely of their power but even of their will. besides , not onely their peevishnesse , but even their pride appeared notably in one particular : wee , in our letters to the assembly , had nominated for assessors to our commissioner these sixe : the earle of traquair lord treasurer , the earle of roxburgh lord privie-seale , the earle of argyle , the earle of lauderdaile , the earle of southesk , lords of our privie councell , and sir lewis stuart an advocate , a farre fewer number then ever our royall father called to assist any of his commissioners ; all which ever constantly had voices in the assembly ; but here , though these sixe suffrages were able to doe nothing against their minds ; yet because they would be sure to clip the wings of authoritie , they absolutely refused to let them have any voice at all , telling our commissioner , that he might consult with these assessors if he pleased , but that they were to have no voice in the assembly : affirming , with incredible impudence , that if we our selfe were there , we should have but one voice , and that not negative neither , nor more affirmative then any one member of the assembly had : by which meanes they have published to the world this sweet and wholsome doctrine , that their king in their ecclesiasticall assembly hath no more power then any towne-clerke , taylor , or sadler who shall sit as a lay-elder there : which desperate opinion of theirs , doth plainly shew the reason why in their last publique instructions preceding the assembly , they ordered , that every lay-elder from presbyteries should come attended with three or foure , and every commissioner from burrowes with five or sixe of their owne ranke and qualitie , who should continue with them all the time of the assembly , without whose advice they should not give voice to any thing ; a thing never heard of at any generall assembly before . sure they had heard and knew the number & names of the assessors , whom wee had appointed to assist our commissioner ; and therefore they would have every mechanicall artizan , chosen a lay-elder for the assembly , ( whom they held to have equall power with us in it ) to carrie the same badge of power and state with us , and to have their assessors as well as we , and those equall in number to ours , and the same power with ours , of consulting , though not concluding : all which , whether royall majestie and supreme soveraigntie can or ought to digest , any reasonable man may judge . the assembly being just now the same thing which the tables were at edinburgh in substance , but in condition far worse ( for here were none now but the most obstinate covenanters , whom the severall tables had picked out of all the packe ) and they meeting at the towne-house of glasgow alwayes before they met at the church ( the place of the assembly ) the moderator being the same materially who governed them at edinburgh , though not so formally chosen as now ; the clerke of the assembly being the same , who was clerke to their covenant and to their tables at edinburgh ; the members of the assembly being the same who sate at their tables there , and those the most corrupted and distempered of them all : who could now expect lesse insolent conclusions from this assembly , then they had found from their tables ? and indeed the very same were found : for immediately they bragged that now they were a constituted assembly , and resolved to laugh at any who should quarrell with the elections which they had approved ; and especially at the bishops declinator , if it should containe any arguments to that purpose . the first cocke who begun to crow upon this dunghill , though it were within night , no ordinarie time of crowing , was master andrew ramsey a minister of edinburgh , who , getting up upon a stoole or fourme , made a very great bragge , offering by dispute to prove against any man the lawfulnesse of lay elders , by scripture , antiquitie , fathers , councels , the judgement of all the reformed churches , even of the church of england , who admitted them into the high commission . our commissioner seeing him crowd so much in a very little room , told him that he runne no great hazzard or danger in his challenge ; for he was sure the judges would bee his seconds : yet if it pleased him , hee would find one should enter into the lists with him , either publiquely or privately , upon that quarrell ; but many of his brethren were not very well pleased with his glorious challenge , as making accompt that hee would never bee able to make good the greatest part of it : and with this bragge the assembly dissolved for that night . the next day , being the . of november , after the assembly was met , our commissioner urged once againe that the bishops declinator might bee read ; which was accordingly done by the clerke of the assembly . it was entertained with much jeering and laughter , and by transmission of a whisper from one eare to another , they resolved when it was read out to have received it with a generall hissing ; but yet by another generall whisper , transmitted as the former , that course was stopped . after it was ended , our commissioner spake home to them , for the necessitie of that declinator , and the unavoidable strength of the reasons contained in the same , and in depressing , by way of parallel , their libell against the bishops : which hee spared not to call infamous and scurrillous , both in the matter of it , and the manner of promulging it ; and hereupon tooke instruments in our clerke of registers hands , both for the production and reading of the declinator . some of the lords of the assembly offered to doe the like in the clerk of the assemblies hands , but our commissioner told him it was needlesse , since it was not tendered to the assembly but to himselfe : first , the moderatour in a short speech deplored the obstinacie of the bishops hearts , who in all that declinator had bewrayed no signe of remorse and sorrow for their wicked courses ▪ and then the lords of the assembly perceiving their errour , that they who found themselves to bee judges , had offered to take instruments in the clerkes hands of the production of any exhibits ( which was never heard to bee done by the judge , but onely by the actor or plaintiffe ) prompted some young noblemen , and gentlemen covenanters ( but not members of the assembly ) then present , to demand instruments of the production of the bishops declinator ; in whose name one gibson , one of the clerkes of our session ( and so acquainted with law termes ) both demanded instruments , and thundered out a verball protestation , in such law termes as was not easie to be understood by most of the auditors : the summe of what was understood , was this , that they would pursue their libell against the bishops so long as they had lives and fortunes , etiam in foro contentiosissimo , and required doctor hammilton their proctor then present , to take notice that they cyted him to compeere die in diem till sentence were given . our commissioner first protested against that protestation , and then discharged the bishops proctor from appearance before the assembly , to which he had presented no declinator ; but required him to appeare before himselfe , to whom it was presented , when he should require him : the declinator of the bishops here insueth . the declinator and protestation of the archbishops and bishops of the church of scotland , and others their adherents within that kingdome , against the pretended generall assemblie holden at glasgow , novemb. . . wee archbishops , bishops and other under-subscribers for our selves and in name and behalfe of the church of scotland : whereas it hath pleased the kings majestie to indict a generall assemblie of the church to be kept at glasgow , novemb. . . for composing and setling of the distractions of the same , first do acknowledge and professe , that a generall assemblie lawfully called and orderly conveened is a most necessarie and effectuall meane for removing those evils wherewith the said church is infested , and for setling that order which becommeth the house of god , and that wee wish nothing more then a meeting of a peaceable and orderly assemblie to that effect . secondly , we acknowledge and professe , as becommeth good christians and faithfull subjects , that his majestie hath authoritie by his prerogative royall to call assemblies , as is acknowledged by the assemblie at glasgow , . and parliament . and that it is not lawfull to conveene without his royall consent and approbation , except wee will put our selves in danger to bee called in question for sedition . yet neverthelesse in sundrie respects , wee cannot but esteeme this meeting at glasgow most unlawfull and disorderly , and their proceedings void and null in law , for the causes and reasons following : first , before his majesties royall warrant to my lord commissioner his grace to indict a lawfull free generall assemblie , the usurped authoritie of the table ( as they call it ) by their missives and instructions , did give order and direction for all presbyteries to elect and chuse their commissioners for the assemblie , and , for seeking of gods blessing to it , to keep a solemne fast , sept. . whereas his majesties warrant for indicting of that assemblie was not published till the . of that month : so that they preventing and not proceeding by warrant of royall authoritie , the pretended commissioners being chosen before the presbyteries were authorized to make election , cannot bee reputed members of a lawfull assemblie . a lawfull assemblie must not onely be indicted by lawfull authoritie ( as we acknowledge this to be ) but also constituted of such members as are requisite to make up such a body . for if , according to the indiction , none at all do conveene , or where the clergie is called there meet none but laicks , or moe laicks then of the clergie , with equall power to judge and determine ; or such of the laicks and clergie as are not lawfully authorized , or are not capable of that employment by their places ; or such as are legally disabled to sit and decide in an assemblie of the church : a meeting consisting of such members cannot be thought a free and lawfull assemblie : by that act of parliament ja. . par . . cap. . . everie minister who shall pretend to be a minister of gods word and sacraments , is bound to give his assent and subscription to the articles of religion contained in the acts of our soveraigne lords parliament , and , in presence of the archbishop superintendent or commissioner of the province , give his oath , for acknowledging and recognoscing of our soveraigne lord and his authoritie , and bring a testimoniall in writing thereupon , and openly upon some sunday , in time of sermon or publike prayers , in the kirk where hee ought to attend , read both the testimoniall and confession , and of new make the said oath within a month after his admission , under the paine that every person that shall not do as is above appointed , shall ipso facto bee deprived , and all his ecclesiasticall promotions and living shall bee then vacant , as if he were then naturally dead , and that all inferiour persons under prelats be called before the archbishops , bishops , superintendents and commissioners of the dioceses or province , within which they dwell , as the act beares . all of the clergie conveened to this assemblie pretend themselves to be ministers of gods word and sacraments , and have benefices or other ecclesiasticall livings : yet neverthelesse the most part of them have never in presence of the archbishop , bishop , superintendent or commissioner of the diocese or province , subscribed the articles of religion contained in the acts of parliament , and given their oath for acknowledging and recognoscing our soveraigne lord and his authority , and brought a testimoniall thereof : and therefore they are ipso facto deprived , and their places voyd , as if they were naturally dead ; and consequently having no place nor function in the church , cannot be commissioners to this assembly : hoc maximè attento , that the said persons not onely have never given their oath for acknowledging his majesties authority , nor can shew no testimoniall thereupon , as they are bound by the said act ; but also having as subjects comprehended in the representative body of this kingdome , promised to acknowledge , obey , maintain , defend , & advance the life , honour , safety , dignity , soveraigne authority , and prerogative royall of his soveraigne majesty , his heires and successours , and priviledges of his highnesse crowne , with their lives , lands , and goods , to the uttermost of their power , constantly and faithfully to withstand all and whatsoever persons , powers and estates , who shall presume , prease or intend any wise to impugne , prejudge , hurt or impaire the same , and never to come in the contrary thereof , directly or indirectly in any time comming ; as the acts of parliament jacob. . parl. . cap. . car. parl. cap. : doe proport . and moreover , being obliged at their admission to give their oath for performance of this duty of their allegeance , and to testifie and declare on their conscience , that the king is the lawfull supreme governour , as well in matters spirituall and ecclesiasticall as temporall , and to assist and defend all jurisdiction and authority , belonging to his majestie by the act of parl. . yet notwithstanding of the said bands , acts and promises , whereby the said persons are so strictly bound to the performance of the premises , his majestie having ordained by act of councell at holy-rood-house septem . . . and proclamations following thereupon , that all his majesties lieges of whatsoever estate , degree or quality , ecclesiasticall or temporall , should sweare and subscribe the said confession , together with a generall band for defending his majesties person and authority , against all enemies within this realme or without , have not onely refused to subscribe the said band and confession , but have in their sermons and other speeches , disswaded , deterred , impeded and hindred others of the lieges to subscribe the same , and publickly protested against the subscription thereof : and thereupon cannot conveen nor concurre lawfully to the making up of the body of an assembly of the kirk , as being deprived and denuded of all place and function in the same . a generall assembly was condescended to , out of his majesties gracious clemencie and pious disposition , as a royall favour to those that so should acknowledge the same , and acquiesce to his gracious pleasure , and carry themselves peaceably as loyall and dutifull subjects ; which the commissioners directed to this assembly supposed to bee of the number of those that adhere to the last protestation made at edinburgh , sept. . do not so account of , and accept , as appeares by the said protestation , whereby they protest , that it shall bee lawfull for them , as at other times , so at this , to assemble themselves notwithstanding any impediment or prorogation to the contray ; as also by continuing their meetings and table , discharged by authority , refusing to subscribe the band according to his majesties and councels command , for maintaining his majesties royall person and authority , protesting against the same , still insisting with the lieges to subscribe the band of mutuall defence against all persons whatsoever ; and remitting nothing of their former proceedings , whereby his majesties wrath was provoked : thereby they are become in the same state and condition wherein they were before his majesties proclamation and pardon , and so forfeit the favour of this assembly , and liberty to bee members thereof . and others of his majesties subjects may justly feare to meet with them in this convention , for that by the act of parl. james . parl. . cap. . prelacies being declared to be one of the three estates of this kingdome , and by the act of parl. james . par. . cap. . all persons are discharged to impugne the dignity and authority of the three estates , or any of them in time comming , under the paine of treason . and whereas the king by his proclamation declares archbishops and bishops to have voyce in the generall assembly , and calls them to the same for that effect , as constantly they have been in use in all assemblies ; where they were present , as appeares by many acts of the generall assemblie , ordaining them to keep and assist at the same , as in the assembly at edinburgh , decemb. . . at edinburgh , . march . at edinburgh , may . . and by a letter written by the assembly , march . . to the regent , earnestly desiring his owne or his commissioners presence , and the lords of councell , and the bishops at the assembly ▪ they notwithstanding ▪ by the said protestation , septemb. declared archbishops and bishops to have no warrant for their office in this kirk , to be authorized with no lawfull commission , and to have no place nor voyce in this assembly ; and withall doe arrogate to their meetings a soveraigne authority to determine of all questions and doubts that can arise , contrary to the freedome of the assembly , whether in constitution and members , or in the matters to be treated , or in manner and order of proceeding : which how it doth stand with his majesties supremacie in all causes and over all persons , wee leave it to that judgement whereunto it belongeth , and doe call god and man to witnesse , if these be fit members of an assembly , intended for the order and peace of the church . giving , and not granting , that the persons foresaid directed commissioners in name of the clergy to this meeting , were capable of that authority , and that the said presbyteries had the authority to direct commissioners to the generall assembly ; yet have they now lost and fallen from all such right , if any they had , in so farre as they have deposed the moderatours , who were lawfully appointed to governe them , by the bishops in their synods , and elected others in their place , contrary to the act of the assembly at glasgow . and act of parl. . ordaining bishops to be moderatours at these meetings ; and in their absence , the minister whom the bishop should appoint at the synode . so these meetings having disclaimed the authority of bishops , deposed their lawfull moderatours , and chusing others without authority , cannot be esteemed lawfull convocations , that can have lawfull power of sending out commissioners with authority to judge of the affaires of this church . and yet doth the nullity of the commissions , flowing from such meetings , further appeare in this , that they have associate to themselves a laick ruling elder ( as they call him ) out of every session and parish , who , being ordinarily the lord of the parish , or a man of the greatest authority in the bounds , doth over-rule in the election of the said commissioners , both by his authority and their number , being moe then the ministers , whereof some being ordinarily absent , and five or six , or so many of them put in list , and removed , there remain but a few ministers to voice to the election ; and in effect the commissioners for the clergie are chosen by lay-men , contrary to all order , decencie , and custome observed in the christian world , no wise according to the custome of this church , which they pretend to follow : the presbyteries formerly never associating to themselves lay-elders in the election of the commissioners to the generall assembly , but onely for their assistance in discipline and correction of manners , calling for them at such occasions as they stood in need of their godly concurrence , declaring otherwise their meeting not necessarie , and providing expresly that they should not be equall , but fewer in number then the pastours , as by act of assembly at saint andrews , april . . ( where master andrew melvill was moderatour ) doth appeare . like as these fourty yeares by gone and upwards , long before the re-establishing of bishops , these lay-elders have not been called at all to presbyteries . and by the act at dundie . ( whereby it is pretended that presbyteries have authoritie to send these lay commissioners ) it doth no way appeare that those lay-elders had any hand in chusing of the ministers : and this is the onely act of the assembly , authorizing presbyteries to chuse commissioners to the general assembly : nor have lay elders sate ordinarily in presbyteries upon any occasion these fourty yeares , and upwards , nor ever had any place nor voyce in the election of ministers for the generall assembly , and consequently those chosen by them to this assembly have no lawfull power nor authority . beside , the persons ecclesiasticall , pretended to be authorized commissioners to this assemblie , have so behaved themselves , that justly they may be thought unworthy and uncapable of commission to a free and lawfull assemblie . . for that by their seditious and railing sermons and pamphlets , they have wounded the kings honour and soveraigne authoritie , and animated his liedges to rebellion , averring that all authoritie soveraigne is originally in the collective bodie , derived from thence to the prince ; and that not onely in case of negligence , it is suppletivè in the collective bodie , as being communicate from the commontie to the king , cumulativè not privativè : but also in case of mal-administration , to returne to the collective bodie ; so that rex excidit jure suo , and that they may refuse obedience . . next , they are knowne to bee such as have either beene schismatically refractorie and opposite to good order setled in the church and state ; or such as having promised , subscribed , and sworne obedience to their ordinarie , have never made conscience of their oath ; or such as have sworne and accordingly practised , yet contrarie to their promise and practice , have resiled , to the contempt of authoritie , and disturbance of the church ; or such as are under the censures of the church of ireland , for their disobedience to order ; or under the censures of this church , or conveened , at least deserving to bee conveened before the ordinaries , or a lawfull generall assemblie , for divers transgressions deserving deprivation : as first , for uttering in their sermons , rash and irreverent speeches in pulpit against his majesties councell and their proceedings , punishable by deprivation , by the act of assemblie at edinburgh , may . . next , for reproving his majesties lawes , statutes , and ordinances , contrarie to the act of assembly at perth , maii . . thirdly , for expressing of mens names in pulpit ; or describing them vively to their reproach , where there was no notorious fault ; against another act of the same assemblie . fourthly , for using applications in their sermons , not tending to the edification of their present auditorie ; contrarie to another act of the same assemblie . fifthly , for keeping conventions not allowed by his majestie , without his knowledge and consent ; contrarie to another act of the same assemblie . sixthly , for receiving of people of other ministers flocks to the communion ; contrary to order , acts of assemblies and councels . seventhly , for intruding themselves into other mens pulpits , without calling or authoritie . eighthly , for usurping the authoritie to convent their brethren , and proceed against them to the censures of suspension and deprivation . ninthly , for pressing the people to subscribe a covenant , not allowed by authoritie ; and opposing and withstanding the subscribing of a covenant offered by his majestie , and allowed by the councell : beside many personall faults and enormities , whereof many of them are guiltie , which in charitie we forbeare to expresse . but hereby it doth appeare , how unfit these persons are to be members of a free and lawfull assemblie . nor doth it stand with reason , scripture , or practice of the christian church , that lay-men should be authorized to have decisive voice in a generall assemblie . in that act of dundie , . whereby these elders pretend to have this place , there is no warrant expressed for them , to deliberate and determine . their presence and assistance wee approve , being allowed and authorized by the prince . the kings majesties presence in person , or by his delegates , wee hold most necessarie to see all things orderly and peaceably done ; and that hee have the chiefe hand in all deliberations and determinations . nor do we refuse that any intelligent or moderate man may make remonstrance of his opinion , with the reasons of it , in that way that becommeth him in a nationall assemblie , due reverence being kept , and confusion avoided . but that any lay-man , except hee bee delegate by soveraigne authoritie , shall presume to have a definitive and decisive voice , we esteeme it to bee intrusion uppon the pastorall charge , and without warrant . may we not therefore intreat my lord commissioner his grace , in the words of the fathers of the fourth generall councell at chalcedon ? mitte for as superfluos . nor will a pious prince bee offended with it ; but with theodosius the younger will say , illegitimum est , eum qui non sit in ordine sanctissimorum episcoporum ecclesiasticus immisceri tractatibus — and pulcheria the empresse commanded strategus , ut clerici , monachi , & laici virepellerentur , exceptis paucis illis quos episcopi secum duxerunt . upon this respect was martinus in that councell of chalcedon moved to say ; non esse suum , sed episcoporum tantum , subscribere . if these pretended commissioners , both lay and ecclesiasticall , were lawfully authorized , ( as it is evident they are not ) and for none other cause declinable , yet the law doth admit , that justly a judge may be declined , who is probably suspect : and of all probabilities , this is the most pregnant , when the judge , before he come to judgement , doth give sentence of these things he hath to judge . this made our reformers protestation against the councel of trent valide , and their not compearing justifiable , because pope leo . had precondemned luther , as appeared by his bull , dated . junii . renewed by paul . dated in aug. . this was the cause why athanasius would not give his appearance at some councels , nor hosius of corduba , nor maximus patriarch of constantinople . but so it is , the most part , if not all of the said commissioners directed to this meeting , have precondemned episcopall government , and condemned , at least suspended obedience to the acts of the generall assemblie and parliament concerning the five articles of perth , have approven their covenant as most necessarie to be embraced of all in this kingdome , and not onely have given judgement of these things before hand , but by most solemne oaths have bound themselves to defend and stand to the same : as doth appeare by their covenant , petitions , protestations , pamphlets , libels , and sermons : and therefore by no law nor equitie can these pretended commissioners bee admitted to determine in this meeting , concerning these persons and points , which before hand they have so unjustly condemned . further , with no law nor reason can it subsist , that the same persons shall be both judges and parties . and wee appeale the consciences of all honest men , if all , at least the greatest part of the pretended commissioners , have not declared themselves partie to the archbishops and bishops of this church : for in that they have declined the bishops to be their judges as being their partie , ( as their declinators , petitions , declarations and protestations do beare ) have they not simul & semel , & ipso facto declared themselves to bee partie against bishops ; whom they have not onely declined , but persecuted by their calumnies and reproaches vented by word and writ , in publike and in private , by invading their persons , opposing and oppressing them by strength of an unlawfull combination ; for the subscribing and swearing whereof , they have by their owne authoritie indicted and kept fasts , not onely in their owne churches , but where worthie men refused to bee accessorie to these disorderly and impious courses , they have ( by aid of the unruly multitude ) entred their churches , usurped upon their charges , reading and causing to bee read that unlawfull covenant ; by threatning and menacing compelling some ( otherwise unwilling ) out of just feare to set their hands to it ; by processing , suspending , and removing obedient and worthie ministers from their places by the usurped authoritie of their table and presbyteries ? and whereas by all law and justice , persons finding themselves wronged in judgement , have never beene denied the remedie of declinatorie and appellation ; neverthelesse not a few of these presbyteries have proceeded against sundrie worthie ministers , who have declined and appealed from their judgements , without respect to this defence ; by these meanes craftily intending to disable them to bee commissioners for the church ; directly or indirectly causing their stipends to bee kept back from them : by which meanes not the least part of the subscribing ministers have beene gained to their covenant . but it is without example uncharitable and illegall , that under the pretext of summons ( the like whereof was never used , nor in the like manner against the most hainous malefactors in the kingdome ) they have devised , forged , vented , and published a most infamous and scurrile libell , full of impudent lies and malicious calumnies against the archbishops and bishops of this church ; and have first given out from their table , the order prescribed in these subsequent articles , which we have insert , that the world may bee witnesse of the illegalitie and maliciousnesse of their proceedings . i. to desire the presbyterie of every bishop , especially where he keeps his residence , as also the presbyterie where his cathedrall seat is , to have a speciall care of this bill and complaint against the prelats , and particularly against the bishop of their diocese . ii. that some noblemen ( if any be within the presbyterie ) some gentlemen and barons , some ministers , and some commons , who are not chosen commissioners to the assemblie , in their owne name , and in name of all other covenanters or complainers , either within the presbyterie , or diocese , or whole kingdome , who are not commissioners to the assemblie , will adhere and assist in this complaint , that they present this bill to the presbyterie . iii. that they who are complainers have a particular care to fill up the blanks left in the bill , in the subsumptions of the particular faults committed by the bishop of the diocese , against these generall rules , canons and acts : or if these blanks will not containe the same , that the complainers draw up in a particular claime , all the particular faults and transgressions of the bishop of that diocese , against these rules , canons , and acts , or any other law of the church or kingdome , and present the same to the presbyterie with this generall complaint . and if they cannot get the particulars presently ready , notwithstanding they present without any delay , because of the scarcenesse of the time , this complaint as it stands with the blanks : and in the meane time , may gather any other particulars against the assemblie , to which this complaint is to be referred . iiii. that the presbyterie finding the complaint important , and the generall assemblie so approaching , referre the same to the generall assemblie , by an act of this reference insert in the books of the presbyterie . v. that upon this reference of the complaint to the assemblie , the presbyterie admonish the complainers apud acta , to be present at the said assemblie , for assisting and verifying of the said complaint . vi. that the presbyterie ordaine all their pastors , out of pulpit on a sabbath day before noone , to cause read publikely this whole complaint and the presbyteries reference to the assemblie , and so to admonish the bishop of that diocese , the delinquent complained upon , with the rest of his colleagues to be present at the generall assemblie , to answer to the particular complaint , both in the particular and generall heads thereof , given or to be given in ; and to abide the censure and triall of the assemblie thereupon . and likewise , out of pulpit to admonish all others who have interest either in the pursuing or referring this complaint , to be present at the said assemblie . vii . that the presbyterie insert in their presbyterie-books the whole tenour of this complaint , both in the generall and particular heads thereof ; and that they have a care to cause deliver by their ordinarie beadle , to the bishop of the diocese , a copie thereof , and a copie of an act , referring the same to the assemblie , and summon him to compeare before the assemblie . and if he be within the countrey , and cannot be personally apprehended , to affix a full copie thereof upon each dwelling place , and upon the most patent doore of the cathedrall church and episcopall seat . viii . that the complainers within the presbyterie where the bishop is resident , or hath his cathedrall , be carefull to keep correspondence with those in other presbyteries within their diocese , who best can specifie and verifie their bishops usurpation and transgressions , and who had particular articles to gather particular declarations and informations of the same . ix . that some of these complainers in their owne name , and with warrant and power from the rest , without failing attend the assemblie with the generall complaint and particular verifications and specifications of the same . x. that in case the presbyterie where the bishop hath his residence , or where he hath his cathedrall and episcopall seat , refuse to receive this complaint , or referre the same to the assemblie , or to admonish or cyte the bishop delinquent before the assemblie , to answer to the complaint ; that the gentlemen and others who are complainers to the presbyteries , upon their refusall take instrument in the hands of the clerk of the presbyterie , or any notarie , and protest that their refusall of the ordinarie care of justice , procured ( without doubt ) by the bishop of that diocese delinquent complained of , the equivalent of law and reason , be a formall cytation of him . which protestation they may affix upon the dwelling house of the said bishop , or upon his cathedrall church , or the prime church within the presbyterie . and that they may deale with any other presbyterie within the diocese , who is better disposed , and upon their receit of the complaint , will referre the same to the assemblie , and cyte the bishop in manner above expressed , to compeare before the said assemblie . xi . item , perhaps some minister within the presbyterie may thinke some heads of this complaint not to be relevant in his opinion , or know the bishop not to be guiltie of all the particular heads contained therein : yet hee in justice cannot refuse to referre the triall of the relevancie and probation thereof to the generall assemblie ; especially seeing the relevancie and probation of moe or fewer points against the bishop of the diocese is sufficient , and seeing the subsumption of every particular head is against the bishop of the diocese , with his colleagues . xii . item , to desire the presbyterie , upon complaints upon any persons within the same , against any scandalous minister either in doctrine or life , either to judge the complaint , or referre the same to the triall and censure of the generall assemblie , and so to admonish and cyte the ministers complained upon , to compeare before the generall assemblie for that end . according to which articles , upon sunday , octob. . they caused read the said libell in all the churches of edinburgh notwithstanding my lord commissioners command given to the provost and bailies to the contrarie , except in holy-rood-house , where it was read the next sunday , as it was in other churches of the kingdome ; proceeding herein . against all charitie , which doth not behave it selfe unseemely , nor delighteth in the discoverie of mens nakednesse , nor take up a reproach , nor backbite with the tongue ; much lesse to write a book against a brother . . against the order prescribed by the apostle not to rebuke an elder , but to intreat him as a father : and by the act of parliament , jam. . par . . discharging all persons to impugne or to procure the diminution of the authoritie and power of the three estates or any of them . . against all lawfull and formall proceeding , especially that prescribed by the act of generall assemblie at perth , martii . . whereby it is ordained , that all summons containe the speciall cause and crime , which the said libell doth not ; naming onely generall calumnies , reproaches and aspersions , without instruction of any particular , but leaving these to be filled up by malitious delation , after they have defamed their brethren by publishing this libell ; as appeares by the . and . articles of the said instructions : and against the order prescribed by the assemblie at saint andrewes , aprill . . whereby it is enacted , that in processe of deprivation of ministers , there be a libelled precept upon fortie dayes warning , being within the realme , and threescore dayes , being without the realme , to bee directed by the kirke and such commissioners thereof , as elects and admits the person complained of , summoning them to compeare and answer upon the complaint . and in case of their absence at the first summons , the second to be directed upon the like warning , with certification , if he faile , the libell shall be admitted to probation , and he shall be holden pro confesso . which forme not being kept in a summons inferring the punishment of deprivation , the same cannot be sustained by the order of that assemblie . . against common equitie which admits summons onely by the authoritie of that judge before whom the delinquent is to compeare ; whereby the summons directed by the authoritie of these pretended presbyteries , cannot sustaine for compearance before the generall assemblie , nor could reference be made from the presbyterie to the generall assemblie , the parties never being summoned to compeare before the presbyterie , whereby either in presence of the partie , or in case of contumacie , the complaint might be referred to the assemblie . that there was no cytation before the reference , is cleare by the said instructions . and what a strange and odious forme it is to insert such a calumnious libell in the presbyterie books , without cyting of the parties to answer thereto : and to cyte bishops before the generall assemblie by the said libell , by publishing the same at churches , to which they had no relation and were many miles distant , wee leave it to the judgement of indifferent men . . against all decencie and respect due to men of their place , the said persons being men of dignitie , and some of them of his majesties most honourable privie councell , and knowne to bee of blamelesse conversation , and to have deserved well , thus to bee reviled and traduced , doth redound to the reproach of church and state , and of the gospell whereof they are preachers . . lastly , to omit many other informalities against their owne consciences , which wee charge in the sight of god , as they must answer before his great and fearefull tribunall , if they suspect and know not perfectly , according to the judgement of charitie , them whom they thus accuse , to bee free of these crimes wherewith they charge them , at least of many of them ; as appeares evidently by the . article of the said instructions , having therein libelled the generall , and have yet to seek the specification thereof , from the malice of their neighbours , if so bee they can furnish it . by which informall and malicious proceeding , it is most apparent , that our said parties do seek our disgrace and overthrow most maliciously and illegally . and therefore wee call heaven and earth to witnesse , if this bee not a barbarous and violent persecution , that all circumstances being considered , hath few or none to parallel it since the beginning of christianitie ; and if wee have not just cause to decline the said pretended commissioners as our partie . moreover , can these men expect , but in a lawfull assemble they were to bee called and censured for their enorme transgressions foresaid ? and will any man thinke , that they can bee judges in their owne cause ? it is alleadged out of the canon-law against the pope , that if the pope be at variance with any man , he ought not to bee judge himselfe , but to chuse arbitrators . and this may militate against them , except they be more unruly then popes . ludovicus bavarus and all the estates of germanie with him , did plead this nullitie against the sentence and proceeding of pope john . and of his councell : and the archbishop of cullen . did plead the nullitie of paul . his bull of excommunication , because hee protested , that so soone as a lawfull councell should be opened , hee would implead the pope as partie , being guiltie of many things censurable by the councell . but the late protestation doth shew the authors thereof to bee no lesse injurious to our place and authority , then they are over-weening of their owne . for it is against reason and practice of the christian church , that no primate , archbishop , nor bishop , have place nor voice deliberative or decisive in generall assemblies , except they be authorized and elected by their presbyteriall meetings , consisting of preaching and ruling elders ( as they call them ) and without warrant or example in the primitive and purest times of the church . this also doth inferre the nullitie of an assemblie , if the moderator and president for matters of doctrine , and discipline , shall bee neither the primate , archbishop , nor bishop , but hee who by pluralitie of presbyters and lay-mens voices shall bee elected : which happely may be one of the inferiour clergie , or a lay-person , as sometimes it hath fallen out : whereas canonically , according to the ancient practice of the church , the primate should preside , according to the constitution of the first councell of nice can. . of antioch can. . and of the imperiall law novell . constitut . . cap. . and according to our owne law. for what place in assemblies archbishops and bishops had in other christian nations , the same they had ( no doubt ) in scotland , and yet still do retaine , except by some municipall law it hath beene restrained , which cannot be showne . for the restraint of their authoritie by the act of parliament . is restored by the act of parliament . and . and all acts prejudiciall to their jurisdiction abrogated . neither doth that act . establishing generall assemblies , debarre bishops from presiding therein ; nor the abrogation of their commission granted to them by act of parliament in ecclesiasticall causes , imply and inferre the abrogation of that authoritie which they received not from the parliament but from christ , from whom they received the spirituall oversight of the clergie under their charge ; whereto belongeth the presidentship in all assemblies for matters spirituall , alwayes with due submission to the supreme governour : which is so intrinsecally inherent in them , as they are bishops , that hoc ipso that they are bishops , they are presidents of all assemblies of the clergie : as the chancellour of the kingdome hath place in councell and session , not by any act or statute , but hoc ipso that he is chancellour . by act of parliament bishops are declared to have their right in synods and other inferiour meetings , but by no law restrained nor debarred from the exercise of it in nationall assemblies : and the law allowing bishops to bee moderators of the synods , doth present a list in absence of the metropolitan , to whom of right this place doth belong , as said is , out of which the moderator of the generall assemblie shall be chosen . for , is it not more agreeable to reason , order , and decencie , that out of moderators of synods a moderator of the generall assemblie should be chosen , then of the inferiour clergie subject to them ? as concerning that act of the generall assemblie . whereby bishops are declared to have no warrant out of scripture ; if corruption of time shall bee regarded , the authoritie of that assemblie might bee neglected no lesse then that at glasgow , . but it is ordinarie that prior acts of assemblies and parliaments give place to the posterior : for posteriora derogant prioribus . and there past not full six yeares when a generall assemblie at edinburgh found , that the name of bishops hath a speciall charge and function annexed to it by the word of god ; and that it was lawfull for the generall assemblie to admit a bishop to a benefice , presented by the kings majestie , with power to admit , visite , and deprive ministers , and to be moderators of the presbyteries where they are resident , and subject onely to the sentence of the generall assemblie . as for that act at mont rose , let them answer to it that have their calling by that commission . wee professe that wee have a lawfull calling by the election of the clergie , who are of the chapiter of our cathedrals , and consecration of bishops by his majesties consent and approbation , according to the laudable lawes and ancient custome of this kingdome , and of the church in ancient times , and do homage to our soveraigne lord for our temporalities , and acknowledge him solo deo minorem , next unto god in all causes , and over all persons spirituall or temporall , in his owne dominions supreme governour . but now wee may take up cyprian his complaint , lib. . ep. . quod non periculum metuere debemus de offensâ domini , quando aliqui de presbyteris nec evangelii nec loci sui memores , sed neque futurum dei judicium , neque praepositum sibi episcopum cogitantes , quod nunquam omnino sub antecessoribus factum est , cum contumelia & contemptâ praepositi , totum sibi vendicent ? atque utinam non prostratâ fratrum nostrorum salute sibi omnia vendicarent . contumelias episcopatûs nostri dissimulare & ferre possem , sicut dissimulavi semper & pertuli ; sed dissimulandi nunc locus non est , quando decipiatur fraternitas nostra à quibusdam vestrûm , qui dùm sine ratione restituendae salutis plausibiles esse cupiunt , magis lapsis obsunt . lastly , it is most manifest by the premises , how absurd it is , and contrarie to all reason and practise of the christian church , that archbishops and bishops shall bee judged by presbyters ; and more absurd , that they should bee judged by a mixt meeting of presbyters and laicks , conveening without lawfull authoritie of the church . how , and by whom they are to bee judged , according to the custome of ancient times , may be seene by the councell of chalcedon , can. . and concil . milevit . can. . and concil . carthag . . can. . nor do wee decline the lawfull triall of any competent judicatorie in the kingdome , especially of a generall assemblie lawfully constitute , or of his majesties high commissioner , for any thing in life or doctrine can be laid to our charge : onely we declare and affirme , that it is against order , decencie , and scripture , that we should be judged by presbyters or by laicks , without authority and commission from soveraigne authoritie . for the reasons foresaid , and many moe , and for discharge of our dutie to god , to his church , and to our sacred soveraigne , lest by our silence we betray the churches right , his majesties authoritie , and our owne consciences , we for our selves , and in name of the church of scotland , are forced to protest , that this assemblie bee reputed and holden null in law divine and humane , and that no church-man bee holden to appeare before , assist or approve it ; and therefore , that no letter , petition , subscription , interlocutor , certification , admonition , or other act whatsoever proceeding from the said assemblie , or any member thereof , be any wise prejudiciall to the religion and confession of faith by act of parliament established , or to the church , or any member thereof , or to the jurisdiction , liberties , priviledges , rents , benefices , and possessions of the same , acts of generall assemblie , of councell and parliament in favours thereof , or to the three estates of the kingdome , or any of them , or to us , or any of us , in our persons or estates , authoritie , jurisdiction , dignitie , rents , benefices , reputation , and good name : but on the contrarie that all such acts and deeds above mentioned , and everie one of them , are , and shall be reputed and esteemed unjust , illegall and null in themselves , with all that hath followed or may follow thereupon . and forasmuch as the said assemblie doth intend ( as wee are informed ) to call in question , discusse , and condemne things not onely in themselves lawfull and warrantable , but also defined and determined by acts of generall assemblie and parliaments , and in practice accordingly , to the disgrace and prejudice of reformed religion , authoritie of the lawes and liberties of the church and kingdome , weakning his majesties authoritie , disgracing the profession and practice which hee holdeth in the communion of the church where hee liveth , and branding of reformed churches with the foule aspersions of idolatrie and superstition ; wee protest before god and man , that what shall bee done in this kinde , may not redound to the disgrace or disadvantage of reformed religion , nor be reputed a deed of the church of scotland . wee protest that wee imbrace and hold , that the religion presently professed in the church of scotland , according to the confession therof , received by the estates of this kingdome , and ratified in parliament the yeare . is the true religion bringing men to eternall salvation , and do detest all contrarie errour . wee protest , that episcopall government in the church is lawfull and necessarie : and that the same is not opposed and impugned for any defect or fault , either in the government or governours ; but by the malice and craft of the devill , envying the successe of that government in this church these many yeares by-past , most evident in planting of churches with able and learned ministers , recovering of the church rents , helping of the ministers stipends , preventing of these jarres betwixt the king and the church , which in former times dangerously infested the same , keeping the people in peace and obedience , and suppressing of poperie , which , in respect either of the number of their professors , or boldnesse of their profession , was never at so low an ebbe in this kingdome as before these stirres . we protest that , seeing these who for scruple of conscience did mislike the service book , canons , and high commission , which were apprehended or given forth to be the cause of the troubles of this church , have now received satisfaction , and his majestie is graciously pleased to forget and forgive all offences by-past in these stirres , that all the subjects of this kingdome may live in peace and christian love , as becommeth faithfull subjects and good christians , laying aside all hatred , envie , and bitternesse ; and if any shall refuse so to do , they may beare the blame , and be thought the cause of the troubles that may ensue : and the same bee not imputed to us , or any of us , who desire nothing more , then to live in peace and concord with all men under his majesties obedience ; and who have committed nothing against the lawes of the kingdome and church , that may give any man just cause of offence ; and are so farre from wishing hurt to any man , in his person or estate , notwithstanding all the indignities and injuries wee have suffered , that for quenching this present combustion , and setling peace in this church and countrey , wee could bee content ( after clearing of our innocencie of all things wherewith wee can bee charged ) not onely to lay downe our bishopricks at his majesties feet , to bee disposed of at his royall pleasure , but also , if so bee it pleased god , to lay downe our lives , and become a sacrifice for this attonement . we protest in the sight of god , to whom one day we must give account , that we make use of this declinator and protestation out of the conscience of our dutie to god and his church , and not out of feare of any guiltinesse , whereof any of us is conscious to himselfe , either of wickednesse in our lives , or miscarriage in our callings ; being content everie one of us , for our owne particular ( as wee have never showne our selves to be otherwise ) to undergo the lawfull and most exact triall of any competent judicatorie within this kingdome , or of his majesties high commissioner . and we most humbly intreat his grace to intercede with the kings majestie , that he may appoint a free and lawfull generall assemblie , such as gods word , the practice of the primitive church , and lawes of the kingdome do prescribe and allow , with all convenient speed , to the effect the present distractions of the church may bee setled . and if there be any thing to be laid to the charge of any of the clergie , of whatsoever degree , either in life and manners , or doctrine , or exercise of his calling and jurisdiction , hee may bee heard to answer all accusations , and abide all triall , either for clearing his innocencie , or suffering condigne punishment , according to his transgressions : declining alwayes this assemblie , for the causes above written : like as by these presents , we , and everie one of us , decline the same , the whole members thereof , and commissioners foresaid directed thereto , and every one of them . we protest , that this our protestation , in respect of our lawfull absence , may bee received in the name of us under-subscribing for our selves , and in the name of the church of scotland that shall adhere to the said protestation , and in the name of everie one of them , from our welbeloved dr. robert hamiltoun minister at glasford , to whom by these presents we give our full power and expresse mandate to present the same in or at the said assemblie , or where else it shall be necessary to be used , with all submission and obedience due to our gracious soveraigne and his majesties high commissioner : and upon the presenting and using thereof , acts and instruments to crave , and all other things to do that necessarily are required in such cases : firme and stable holding , or for to hold , what he , or any of them , shall lawfully do in the premises . in witnesse whereof , as wee are readie with our bloud , so with our hand wee have subscribed these presents , at the palace of holy-rood-house , new-castle , and glasgow , the . . and . dayes of novemb . . & sic subscribitur . jo. s ti andreae arch. pa. glasgow . da. edinburgen . tho. gallovidien . jo. rossen . walterus brechinen . after these passages , there were read divers protestations at our commissioners instance , from severall places against the lawfulnesse of this assembly , both in regard of the lay-elders present in it , and the ministers commissioners in it chosen by lay-elders : one sent from many ministers , and read publiquely , doth here follow . the supplication and humble remonstrance of the ministers of the church of scotland , presented to his majesties high commissioner and generall assembly held at glasgow in november , . may it please your grace , and you right noble , right worshipfull , and you most reverend brethren , conveened by his majesties proclamation in this venerable nationall assembly , to consult upon the most convenient wayes , and to enact such ecclesiasticall lawes , as to your wisedomes seemes most expedient , for preserving of peace and truth in this church , for which ends wee from the bottome of our hearts ( as feeling members of the same ) earnestly intreat him , who hath promised to be with his owne to the end of the world , by his spirit and grace , so to direct and assist your wisedomes , that by this long expected meeting , glory may redound to his ever glorious name , and peace to this rent church , which all the members thereof , with most earnest wishes , expect at your hands . for the present , we thought it our duty , as those whom it doth most clearly concerne ( our great shepheard having committed to our charge a part of that flock which he hath redeemed with his precious bloud ) to present unto you our just feares which arise from the sudden incroaching of the laick ( now called ruling ) elders , in divers presbyteries of this kingdome , having chiefe hand in chusing of commissioners there , lest they , with commissioners thus elected , may bring upon the neck of the ministery and church here , the heavie yoake of over-ruling elders in all times comming , to the no small hurt of us and our successors in the gospel , except timely remedy be provided . our humble supplication therefore to your grace , and members of this present assembly , is , that all these commissioners thus chosen by the voyce of laick elders , and in whose commissions they have had hand , may be removed , as men to whose voyces and judgements we cannot submit our selves in matter of church government , for the just feares above exprest , they being justly suspect judges not to be admitted , and their elections and commissions void for reasons following : first , there is no law in this kingdome whereby laick elders have any voyce in chusing commissioners to generall assemblies ; the chusers therefore having no legall power to elect , those that are chosen by such , can have no place nor voyce in this assembly . secondly , albeit there have beene heretofore , and before churches were fully planted , a custome that laick-elders did sit in presbyteries , yet that custome hath beene these . yeeres by-past , universally ( and above forty yeeres in most presbyteries ) interrupted ; which prescription is sufficient to make voyd any such custome : so that it can be no sufficient warrant for them to sit and voyce in presbyteries now , much lesse to intrude themselves ( as they have done in many presbyteries ) contrarie to the minds and publicke protestation of the ministerie . thirdly , when laick-elders had place in presbyteries , yet it was ordained that the voyces should not be equall in number , with the voyces of the ministerie , as is to be seene in the booke of discipline chapter . but in this election , their number were not onely equall , but in most parts more , because out of every parish there was a laick-elder , and so at least equall in number ; and in election of these commissioners , against whose election we except , there was put upon the list six in some places , and in others foure of the ministers , who being removed , in their absence the choyce was made when the laick-elders by six or foure at the least exceeded the ministers in number of voyces , yea in some presbyteries the laick-elders were twice so many in number ; so that these commissioners are mainly chosen by the laitie , and not by the ministers , neither can wee acknowledge them for ours . fourthly , these laicke-elders did of old onely assist in discipline , not medling with points of doctrine ( suffering the spirit of the prophets to be subject to the prophets , according to the apostolicall rule ; ) but now they intrude themselves to sit and voice in the presbyteries in matters of doctrine , and have given commission to those whom we except against , to voyce in this venerable assembly , in doctrine aswell as in matters of discipline ; which commissions are null , as proceeding à non habente potestatem . for these and other most weighty causes , the election of such commissioners , and their place in this assembly being so dangerous to the church , threaten the same with the most intolerable yoak of bondage to be laid upon the neck of the presbyteries by laick over-ruling-elders , to the prejudice of the liberties of the said presbyteries , and whole discipline of this church . we could not , out of conscience to god , our callings , and flocks , but make humble remonstrance of the same to your grace and members of this grave assembly : withall protesting , both in our own names , and in name of all the ministerie and body of this church that will adhere to this present supplication , that all sentences , conclusions , canons , statutes , and ordinances , which shall be made in that assembly wherein the foresaid commissioners shall have determinative voyces , to be voyd , null , and of no effect to oblige us or any of us to the obedience of the same : but if this our just supplication be not admitted ( which we hope and earnestly pray may be graciously accepted ) then this our protestation may be of force against such lawes and proceedings that may follow thereupon . thus hoping for your charitable construction of this our necessarie duty in so eminent a danger of the church , and humbly intreating these presents may be put upon record , we rest . and when the protestation of the presbyterie of glasgow ( which was a very strong one ) begun to bee read , the principall of the colledge there desired the forbearance of it for a time ; to which the moderatour gladly yeelded : but our commissioner , who had delivered it in with his owne hands , pressed the reading of it out ; which the moderatour refused , alledging that any man might withdraw his owne protestation , much more desire the forbearance of reading of it : to which our commissioner replyed , that the protestation was subscribed not onely by the hand of the principall , but the major part of the ministers of that presbyterie , of whom many were covenanters ; that in all their names it was presented unto him , and therefore could not be re-called by any one of them , without the consent of the rest , praying him that it might bee read out to the end : but all in vaine ; for no justice could be had from them , especially in a point which so much concerned their reputation : for they conceived it would bee a great blurre to their businesse , if a protestation ( made by that presbyterie , in which was the seat of the assembly ) should bee knowne : and therefore they would neither reade it , nor did they deliver it backe againe , against all rules both of justice and equitie : after this contest the assembly for that night was dismissed . our commissioner wondring that the principall of the colledge should in publique desire the forbearance of publishing the protestation of the presbyterie of glasgow in the assembly , used meanes to know the reason of it , and found by the averment of persons of good credit upon their owne knowledge , that the night before late at ten of the clocke , the lord lowdan and the moderatour , with divers others covenanting-ministers , had been with the principall , and told him , that the presbyteriall protestation would make a great division amongst them ; that unlesse he did withdraw it , hee must never looke to live quietly in glasgow , nor any where in scotland ; that the principall told them , it was presented to our commissioner , from whom it was not possible to recover it ; that then by the same threatnings they adjured him to desire the forbearance of reading of it , if it should bee tendered to the assembly ; that after they were parted from him , his wife all in teares begged the like of him , affirming , that the lord lindsey had been with her , and sworne to her , that both he and his must be utterly ruined , if shee could not prevaile with him for re-calling that protestation . this and many other passages heretofore mentioned , banishing quite out of our commissioners mind , and the minds of all our well affected councellours there present , all hopes , not onely of just and faire , but even of formall proceedings in that assembly , where not so much as the shew and countenance of justice was to be discerned , nor any thing but the power and obstinate wilfulnesse of the covenanters , and the unanswerable nullities of this assembly , in regard both of the members elected , and the manner of their election , being throughly considered , and the reasons of the bishops declinator presented to our commissioner being seriously weighed , by which they did not decline the judgement of a generall assembly lawfully constituted , but onely of this assembly , which was to bee accounted far rather a laicall convention , then ecclesiasticall , all the members whereof had barred themselves from being judges by their solemn oath of combination for the rooting out of that kingdome both the bishops persons and callings ; to whose sentence we or our commissioner could not deliver them over without betraying all courses of justice , and denying to our bishops that protection which cannot bee denied by us to any of our subjects , viz. the benefit of the lawes of that our church and kingdome : and besides , our commissioner having certaine and unquestionable intelligence of the covenanters unmoveable resolution , that although the assembly should be continued , and all things which they desired ( even to their own wishes ) should be granted and effected , yet that the quietnesse and peace of that kingdome should be never a whit the more settled or established , but that they were determined to chuse at this assembly certain committees , who , under the name of commissioners from the generall assembly , should keep up their tables , and bee chosen and continued from one assembly to another , and so hold on the same rebellious courses which they have held ever since the first erection of their tables , to the utter overthrow of our royall authoritie , and the authoritie of the lords of our councell , and lords of our session under us : and our commissioner well weighing our instructions , according to which hee was to carry himselfe in this assembly , if hee should find that these mischiefes and courses of injustice could not bee stopped , resolved the next day ( according to our speciall commandment ) in our name , and by our authoritie to dissolve that assembly , whose aime was onely to robbe us of our soveraigne power , and to put it in the hands of their commissioners . according to which resolution our commissioner the next day , being wednesday the . of november , went betimes in the morning to the church , and our councell ( having warning over night ) met him in the chapter-house , where they sate in consultation before they went to the assembly : he did then impart to them the resolution he had to dissolve the assembly , and did aske their advice for the manner of doing it : after hearing each of their advice severally , he was confirmed in his resolution . the reason why our commissioner held the councell in that place , was , because some of our councell , who were present , should have no time to communicate his resolution to the covenanters , nor to consult with them about the hindering it ; the assembly being fully set before the councell came out , so that what had passed there , could not be communicated to them . the first thing propounded there by the moderatour that day , was this : a day or two before , there were brought into the assembly three or foure great volumes by their new clerke , which he alledged were the acts of the generall assembly from the very first reformation of that church , which , by the speciall providence of god , and his own carefull industry , had been recovered , else they had been lost for ever , to the invaluable losse of the puritie of the religion and discipline established amongst them ; for they had been throwne by for many yeeres , untill he by some strange accident had light upon them : after which speech of the clerke , the moderatour had desired them to chuse a committee to peruse these bookes , and to report to the assembly whether they conceived them to bee the true and authenticall acts of the generall assemblies of the church of scotland : the day before this , these committees had made their report that they had perused them , and had found them to bee true and authenticall records , and delivered in writing some reasons of this their opinion ; which made the impartiall auditors wonder how in two daies men could peruse , and make a judgement of such volumes , which other men ( who tooke themselves to be no fooles ) thought could hardly be done in one yeere : but that was all one , the moderatour this day put it to the question and voices , whether they would allow the copies of those bookes of assembly ( which the committees the day before had reported to bee good and faithfull copies ) to bee reputed ever hereafter for the authenticall records and registers of the church of scotland : our commissioner prayed them to forbeare doing any thing suddenly in a businesse of so great importance , that nothing , especially if it were doubtfull , could bee made a publique record of any judicatorie which was to oblige our subjects , unlesse we first by our advocate and learned councell were satisfied of the authenticall authoritie of that record ; and therefore wished them to stay untill that course might bee taken , and before that time not to put it to voices : but all in vaine , for presently they of the assembly ( without one contrarie voice ) concluded these bookes to be authenticall registers , and so to bee held and reputed for ever , without knowing what was in them : they were foure bookes , and very large , and confessed not to be the originals , but copies . our commissioner then remembring that at our palace at holy-rood-house hee was denied the sight of the bookes of the assembly ( the covenanters having threatned the former clerke of the assembly , if hee should let our commissioner have the perusall of them ) begun now to thinke , that there might be stuffe enough in them against our regall authoritie , and perhaps a great deale of it of their own devising ; which caused our commissioner to enter into our clerke of registers hands a solemn protestation against the validitie of these records , and against any of our subjects being obliged by them , untill such time as they should be perused and allowed by such as we should authorize by commission for that purpose . next , the moderatour desired the clerke to reade certaine answers , which upon the sudden had been drawne up ( as he said ) by certaine brethren to the reasons contained in the bishops declinator which had been read the day before : and indeed , so soone as they were heard , it was easily beleeved that they were drawne up upon a sudden , without either feare or wit , being very poore and silly , stuffed full of cytations out of their own bookes of discipline , which did allow lay-elders ; and by these testimonies concluded the exception of the bishops against lay-elders , & ministers , commissioners chosen by them for having voice in the assembly , to bee invalid ; which made some admire by what consequence it could be inferred , that because there had been lay-elders in particular church-sessions , nay and perhaps in presbyteries , that therefore these lay-elders either had , or must now have voices in the generall assembly , or in chusing the ministers commissioners to it : yet the moderatour caused another paper to bee read in defence of lay-elders , of the very same tedious stuffe with the former : and , to magnifie those bookes of discipline , so often cyted in both these papers , the moderatour desired the whole assembly to heare himself reade a long latine testimonie , given in the syntagma of the confessions of the reformed churches , to the puritie of the discipline of the church of scotland . our commissioner called for the book , & desired to see what he had read , and found it to be a private testimonie of one unknowne , inserted by the printer or setter out of that syntagma , to make it sell the better , because it had some new thing in it ; which made a good many laugh at that so much magnified testimonie . then the moderator , to take away that exception in the bishops declinator , that the assembly was a declared partie ( and therefore could not be their judge ) alledged , that the remonstrants had made the same objection against the synod of dort , but that it was repelled by all the divines there present , and the invaliditie of that exception declared by none better then by the divines of great britaine , whose judgement against that exception he then out of the publique acts of that synod did reade : our commissioner told the moderatour , that he should have done well to have translated into scottish that passage which he last read , and the former out of the syntagma , that so many of the lay-elders , who were to judge of the fitnesse of these cytations , might understand him and them ; which the moderatour passed over with a smile . one who stood by our commissioner , and had been present at the synod of dort , asked leave first of our commissioner , and then of the moderatour to speake , which being granted him by both , hee answered the moderatours answer to the bishops objection , thus : that the bishops exception against them of the assembly , as pars adversa , differed from that of the remonstrants against the synod of dort two waies : first , in regard of the matter of it : for the synod consisting of divines , & the matters controverted being points of divinitie ( and by some men thought to bee fundamentall points of faith , though they were not so ) in which schollers use not to be neutrall , it was impossible for the remonstrants to find divines to be their judges , if they would except against such divines as had declared themselves to bee of the one opinion or the other : but it was not so with episcopacie in the judgement of the members of this assembly ; for they could not hold the allowing or rejecting of episcopacie to bee a point of doctrine , because points of doctrine are not alterable ; but the church of scotland in her positive confession , article . did hold church policie or government alterable at the will of the church ; which opinion , whether he did allow or not , hee was not then and there to declare : but sure in such points , which they themselves held alterable and indifferent at the will of the church , being no points of doctrine , there was no necessitie of pre-declaring their judgement , especially after they meant to bee judges : nay , there was a necessitie of not pre-declaring their judgement against episcopall government , considering it stood now in force by acts both of church and parliament ; and therefore that the declaration of their judgement against it , ( even since they intended to be judges of it , but before they were actually so ) did barre them from being judges of it at all . but secondly , and that upon which he principally insisted , was this : that the bishops case in their exception against this assembly , differed from that of the remonstrants against the other synod , in the manner of the members of that synods pre-declaration , and of the members of this assemblies pre-declaration . many of the members of that synod had pre-declared themselves by discoursing , writing , preaching , &c. but not by any judiciall act , nor by any act equivalent to a judiciall act , such as swearing against the other tenet , binding themselves by oathes , covenants , combinations , confederacies , associations against the abetters of it ; all which being acts analogicall to judiciall acts , and being done by the members of this assembly against the bishops , absolutely barred them from being judges in the question of these bishops persons or calling . some answer was made to this by the moderatour and others , which required no reply ; and therefore received none , that which was answered being no way against that which had been delivered : for the moderatour conceiving that hee who spake had affirmed that the five articles treated of at the synod of dort , had been fundamentall points of faith ( of which opinion the speaker never was , nor is ) fell upon a discourse of fundamentall and not fundamentall points of faith ; affirming that the synod of dort had never determined the five articles to bee fundamentall points of faith , which the former speaker knew very well to bee true : and it made many auditors thinke , that the moderatour did deliver this onely because he would have something to say ; for they did conceive that he had been a man so rigid in these tenets , that hee had held them to bee fundamentall points of faith : but whether hee did or not , there were many ministers members of the assembly , who did hold them to bee fundamentall points , & most unchristianly and uncharitably had preached , that the remonstrants tenets did destroy the very foundation of faith ; and whosoever sided with them in the five articles , could not possibly bee saved . but now the other exception laid by him that spake , and in which hee conceived the strength of his speech principally to lie , viz. that by their swearing , and combining by a covenant against the bishops ( which was a plain pre-judging of them ) they had barred themselves from being their judges ; the moderatour was pleased to make no answer at all , though of all that was spoken it most principally required one . another minister , one of the gravest and learnedest in the assembly , did conceive that he which spake had affirmed , that councels and synods were onely judges of points of faith and doctrine , but not of government or other matters ; and instanced in novatus and donatus , who by councels and synods had beene censured in points of schisme ; which no man ever denyed , nor ever came within the compasse of the thoughts or words of him that spake . here a lay-elder , who was a lord , conceived that he who spake had said something insinuating that lay-elders had given voyces in some councels ; thereupon the person that spake , unwilling to let that passe , asked leave to tell his lordship that he was mistaken , & that if our commissioner and the assemblie would give him leave , he would maintaine it against any man in the assembly , that neither the name nor thing of a lay-elder , was ever knowne to any generall or provinciall councell ; nay , not to any particular church in the whole christian world , before calvins dayes . to this no replie was made , save onely by the moderatour , who first said that it would be thought a strange thing in england , if any of this assemblie should stand up in the convocation house , and speake against their church government : to which was answered by him that spake , that he neither did speake , nor would have spoken there , without leave asked and obtained ; nor would he have asked leave if it had not been to have cleared a passage of the synod of dort urged by the moderatour , and in which he himselfe was interessed . and it seemes here the moderatour was brought very low , by telling the partie that his father while he lived was of another opinion : to which the other answered , that that was a weake reason ; for there were some members of the assembly then sitting , whose fathers had beene papists : and he who spake did verie much wonder that the moderatour should thinke it strange for him to differ from his father in his judgement of these points of ecclesiasticall government ; for he did not apprehend it so great a matter for any man to differ from his father in judgment , as to differ from himselfe : and hee was sure that the moderatour knew well enough that many members of the assembly , who were now fiercest against episcopall government , within these few yeeres had been as earnest maintainers of it as any , & more ambitious and earnest suitors for bishopricks then any other . the moderatour at last cut off all further contestation about these lay-elders , by affirming that the state of the question as it stood before them , was not whether lay-elders had ever beene received in other churches , but whether their office and place in the assembly was agreeable with the constitutions of the church of scotland ; and so no more was spoke of it . the moderatour from that speech which was made for justifying the bishops exception against the competencie of their judges , viz. the assembly , because the members of it had declared themselves parties , tooke occasion to speak thus to the assembly : since we see both the competencie and constitution of this judicatorie and assembly is thus openly impugned , it is high time to cleare this point , of which none can bee judge but the assembly it selfe , and therefore i will presently put it to voyces , whether this assemblie be the lawfull and competent judge of the libell against the bishops , notwithstanding the reasons contained in their declinator . this gave our commissioner the occasion ( which hee neglected not ) to do and declare that which by our speciall commandement he had resolved on ; for he presently made a speech of a competent length , the summe whereof was this : i should perhaps have continued a little longer with you , if you had not falne upon a point which doth inforce my deserting you : you are now about to settle the lawfulnesse of this judicatorie , and the competencie of it against the bishops , whom you have cyted hither ; neither of which i can allow , if i shall discharge either my duty towards god , or loyaltie towards my gracious and just master . this is a day to me both of gladness and sadnesse ; gladnesse in that i have both seene this assemblie meet , which his majesties subjects have been made beleeve was never intented by him , and in that i shall now in his majesties name make good unto you all his most gracious offers in his last royall proclamation , which likewise his majesties subjects were made beleeve would never be performed by him : of sadnesse , in that you who have called so much for a free generall assembly , having one most free , in his majesties intentions , granted you , have so handled and marred the master , that there is not the least shadow of freedome to be discerned in this your meeting : for the former , which is the discharge and performance of your soveraignes gracious promises , let this paper , which i deliver to the clerke to be read , witnesse it to you all , which i am sure you cannot chuse but receive with all thankfulnesse and dutifull acknowledgement of his majesties pietie , goodnesse , and clemencie , unlesse all religion and goodnesse be quite banished out of this land : here the clerke publiquely read the paper , which followeth . the kings majesty being informed , that many of his good subjects have apprehended , that by the introducing of the service booke and booke of canons , the in-bringing of poperie and superstition hath been intended , hath been graciously pleased to discharge , like as by these he doth discharge the service booke and booke of canons , and the practice of them or either of them : and annulleth and rescindeth all acts of councell , proclamations , and all other acts and deeds whatsoever , that have been made and published for establishing them , or either of them ; and declareth the same to be null , and to have no force nor effect in time comming . the kings majestie , as he conceived , for the ease and benefit of his subjects , established the high commission , that thereby justice might be ministred , and the faults and errours of such persons as are made liable thereto , taken order with and punished , with the more conveniencie and lesse trouble to the people : but finding his gracious intentions therein to be mistaken , hath been pleased to discharge , like as by these presents he doth discharge the same , and all acts and deeds whatsoever made for establishing thereof . and the kings majestie being informed , that the urging of the five articles of perthes assembly hath bred distraction in the church and state , hath been graciously pleased to take the same to his royall consideration , and for the quiet and peace of this countrie , hath not onely dispensed with the practice of the said articles , but also discharged all and whomsoever persons from urging the practice thereof , upon either laicke or ecclesiasticall person whatsoever : and hath freed all his subjects from all censure and paines , whether ecclesiasticall or secular , for not urging , practising , or obeying them , or any of them , notwithstanding of any thing contained in the acts of parliament , or generall assembly to the contrary . and his majestie is further contented , that the assembly take the same so far into their consideration , as to represent it to the next parliament , there to bee ratified as the estates shall find fitting . and because it hath been pretended , that oathes have been administred different from that which is conceived in the acts of parliament , his majestie is pleased to declare by me , that no other oath shall be required of any minister at his entry , then that which is set downe in the act of parliament . and that it may appeare how carefull his majestie is , that no corruption or innovation shall creep into this church , neither yet any scandall , vice , or fault of any person whatsoever ( censurable or punishable by the assembly ) goe unpunished , his majestie is content to declare by mee , and assure all his good people , that generall assemblies shall be kept so oft as the affaires of this church shall require . and that none of our good subjects may have cause of grievances against the proceedings of the prelates , his majestie is content , that all and every one of the present bishops and their successors , shall be answerable , and accordingly from time to time censurable according to their merits by the generall assembly . and to give all his majesties good people full assurance , that he never intended to admit any alteration or change in the true religion professed within this kingdome , and that they may bee truly and fully satisfied of the reality of his intentions , and integritie of the same , his majestie hath been pleased to require and command all his good subjects to subscribe the confession of faith and band for maintenance thereof , and of his majesties person and authority formerly signed by our deare father in anno . and now likewise requireth all those of this present assembly to subscribe the same . and it is his majesties will , that this be inserted and registred in the bookes of assembly , as a testimony to posteritie , not onely of the sinceritie of his intentions to the said true religion , but also of his resolution to maintaine and defend the same , and his subjects in the profession thereof . subscribitur hamiltoun . after the reading whereof , our commissioner went on , and added : i have , you see , subscribed that paper with mine owne hand , and to make his majesties religion , grace , goodnesse , and the zeale which hee hath to settle the peace of this church and kingdome knowne to all succeeding generations , i doe require that it bee entred into your ordinarie bookes of assembly ; but with this provision , that this my assent to the act of registring this his majesties declaration , shall be no approbation of the lawfulness of this assembly , or of any other act made , or to be made in it ; but that all protestations , made or to be made against this assembly in all other acts and proceedings thereof , shall stand in full force and effect : and of the delivery of this paper , containing his majesties gracious offers , into the hands of the clerke of the assembly , and of my requiring it to be registred in the bookes of the same , as also of my protestation against the lawfulnesse of this assembly in all other acts , i take publique instruments in the hands of the clerke of our soveraigne lord his register , and require him to make an act thereof . which being done , the moderatour in a short speech acknowledged our speciall goodnesse in granting the particulars contained in the paper , promising it should be registred in the bookes of assembly , and desired to goe on with the businesse of the assembly . but our commissioner told them , hee must goe on with them no more ; for now the sad part was behind , viz. that since they had brought lay-elders to give voices in this assembly , a thing not practised before , or at least dis-used so long , that no man present had seen it ; the ministers sitting here as commissioners were chosen by lay-elders , a thing never heard of before in this church , all the persons having voices here , were before the elections designed by the tables at edinburgh , all others by their expresse directions barred , these few commissioners sent hither , but not chosen according to their designation , were by their cavills , made for that purpose , set aside , and not admitted to have voices , the bishops cyted hither were to bee judged by the very same persons who had pre-judged and condemned them at their tables ; hee attested heaven and earth , whether this could bee imagined to be any way a free assembly , and therefore called god to witnesse , that they themselves were the cause , and the only cause why this assembly could not have that happy issue which we heartily wished , and why the bishops could receive no censure from them , in regard of these their sinister proceedings : for how could any man expect justice from them , who had denied it to us , in refusing voices to our commissioners assessors , which was never denied to our royall father , when hee called farre more assessors then wee did now ? much more to this purpose was delivered by our commissioner ; upon all which he commanded and required them not to proceed any further in this assembly , and declared that whatsoever they should say or doe hereafter in it , hee in our name protested against it , and that it should never oblige any of our subjects , nor be reputed for an act of generall assembly . the moderatour with a speech well penned , which hee had in readinesse whensoever the assembly should bee dissolved , seemed much to deplore our commissioners resolution for breaking up the assembly ; hee attributed very much to our power in ecclesiasticall causes and assemblies , said many things of our power , quite contrarie to much which they have since printed in their seditious pamphlets and protestations , and much more then was liked and approved by many of his fellow-covenanters : towards the end of his speech he affirmed , that we were universall bishop over all our kingdomes , &c. which made our commissioner use meanes to have the copie of his speech , but it could not be obtained while it was fresh in the auditors memories : many daies after our commissioner was gone from glasgow , a copie of it was sent him , but all that which concerned our ecclesiasticall power , especially of our being universall bishop in our kingdomes , was quite left out ; by which it was plaine , that ( as it was before conjectured ) hee had displeased many of the assembly , by giving more ecclesiasticall power to us in that speech , then they intended wee should ever have . the conclusion of his speech was , that as our commissioner had served his master carefully and faithfully , in preserving his priviledges and prerogatives , so they must needs likewise be faithfull and carefull in preserving the priviledges and prerogatives of the kingdome of the sonne of god , which was his church ; that they should much grieve for his absence , whose presence had beene so acceptable and comfortable to them , and who had carried himselfe among them with so much wisdome and moderation ; that they should have a great misse of him , with many more words , tending to the very high commendation of our commissioner . after the moderatour , divers of the lords spake much , to vindicate the covenanters from their prelimitations and sinister dealings in their elections : but our commissioner presently choaked their confidence , with the production of two papers , which they little supposed he had ever seene : they contained their secret instructions , with which the whole tables were not acquainted , for they must then of necessitie some way or other have come to the knowledge of all the covenanters , very many of whom by these secret orders were barred from being chosen commissioners to the assembly , as well as the non-covenanters ; and therefore they fearing to lose or displease such a considerable number of their owne partie , did by these private advertisements ( contrived onely by the chiefe rulers of the table , but never presented to the tables themselves ) take order that none who could fall within the suspition of moderation , should bee chosen commissioner for the assembly . the one of these papers was directed to one lay elder of every presbyterie , some speciall confident of theirs , containing these nine articles ensuing . because all projects and purposes will faile , if they be not pursued with constant diligence to the end , the devill sleeps not , and we heare our adversaries are busie , and our miserie will be unexpressible great , and we * ludibrious if they shall prevaile over us in a free generall assembly , for which we have been pleading so long ; it were meet that so farre as may be a new warning should be given , to stirre up the best affected . that every nobleman be diligent with the barons and ministers neerest unto them , and that he write unto his best acquaintance , who are farre off . that some one minister and gentleman in every presbyterie meet oft together , to resolve upon the particular commissioners to be chosen , and use all diligence with the rest of the ministers and gentlemen that such may be chosen . because nothing will avail so much for our purpose , where the most part of the ministers are disaffected , as that the gentlemen be present to vote in presbyteries , it would be presently tryed whether this be put in execution ; and if the minister be slow in urging it , the gentlemen themselves to urge it , and put themselves in possession . our adversaries in this cause are seeking their owne ends , and will set our friends on worke to deale with us ; all would be warned to shut their eares , and in this case to forget parents , brethren , and friends , and without respect to any person , to doe what may most conduce for our good ends . much will be pretended that the bishops be limited , they will be harmlesse in time comming ; and on the other hand , that ministers having all in their power will prove unruly : but it would be seriously considered , first , that gods ordinance ( except that we will mocke him , and be wiser in his errands then himselfe ) should have place : secondly , that ministers will be constrained to keepe themselves within bounds , if gentlemen resort to the presbyteries , synods , and assemblies : thirdly , that this order will both make gentlemen more religious and more accomplished every way , and will make ministers more diligent in their studies and calling , and take better heed to all their wayes ; which no doubt will ( through the blessing of god ) make this a flourishing church and kingdome , which otherwise , of all nations will be most slavish , miserable , and contemptible to all our neighbours , when they shall perceive how by our owne sillinesse and treachery we have lost so faire an occasion of our liberty , both christian and civill . that they linger not , they would be urged againe to send their commissioners to edinburgh before the first of october ; by this we shall know our owne strength the better at our next meeting . and the gentlemen , at the least the greatest part of them , would be warned to be at edinburgh the . of september ; and that onely the gentlemen who are named commissioners to the presbyterie , for chusing their commissioners for the assembly , with some to assist them , that day stay at home , and those to come away immediately after the election . that in every presbyterie there be a particular care taken of the informations against the prelates for instructing our complaints . the other paper was directed to some minister of every presbyterie , in whom they put most speciall trust , containing these eight articles ensuing . private instructions , august . . these private instructions shall be discovered to none but to brethren well affected to the cause . order must be taken that none be chosen ruling elders but covenanters , and those well affected to the businesse . that where the minister is not well affected , the ruling elder be chosen by the commissioners of the shire , and spoken to particularly for that effect . that they be carefull no chapter-men , chappell-men , or a minister justice of peace , bee chosen , although covenanters , except they have publikely renounced or declared the unlawfulnesse of their places . that the ruling elders come from every church in equall number with the ministers , and if the minister oppose , to put themselves in possession notwithstanding any opposition . that the commissioner of the shire cause conveene before him the ruling elder of everie church chosen before the day of the election , and injoyne them upon their oath , that they give vote to none but to those who are named already at the meeting at edinburgh . that where there is a nobleman within the bounds of the presbyterie , he be chosen : and where there is none , there be chosen a baron , or one of the best qualitie , and he onely a covenanter . that the ablest man in everie presbyterie be provided to dispute de potestate supremi magistratus in ecclesiasticis , praesertim in convocandis conciliis , de senioribus , de episcopatu , de juramento , de liturgia , & corruptelis ejusdem . now both these were so closely carried , that the rest of the covenanting ministers never suspected there had beene any other instructions , save the two publicke and avowed papers before related ; nor would they ever have suspected any such close and double dealing , but that when they came to their elections , they found for the most part the ablest and most experienced ministers passed by , and onely the rigidest and hottest men chosen ; which made them ( inquiring after the reason of it ) come to heare of these private instructions , at which they stormed exceedingly , but could not then helpe any thing . and now whether these two papers doe not containe prelimitations of the assembly , a thing against which they most fearfully cryed out , we leave it to the judgement of the reader . the moderatour and some noblemen lay elders , went about to cleare themselves from the notice of these two papers of the secret instructions , but could not doe it : our commissioner when he delivered them to the clerke to be read , told him , that surely they were papers which he had seene before , and with which he was well acquainted : the former of these , to a lay elder of every presbyterie , in which is that seditious article , being the sixt in number ( intimating their feare of the losse of their civill libertie as well as christian ) he acknowledged he had seene ; but denied that he had seene the other . one of the principall covenanting lords affirmed , that these instructions were not sent from the tables , but that they might bee some private advices from one friend to another ; for proofe whereof , hee offered to produce the two papers of publique instructions which had beene sent from their tables , and which are set downe before by us in this narration . to this our commissioner answered , that the sending of these publike instructions , of which all the kingdome had notice , was a weake argument to prove that they sent no other private ones ; that he acknowledged these private instructions were not sent from their publike tables , but he offered to prove that they were sent to the severall presbyteries by the direction of some of the principall rulers of the tables , who laboured by all meanes to conceale them from the rest of their partie , who they were sure would take offence at them : that they were sent from one friend to another by way of private advice , he declared to be impossible for these two reasons ; first , because it could not bee imagined that severall men , writing to their private friends , should light upon the same words , and yet that the copies of these instructions sent unto him our commissioner from many parts of the kingdome , very farre distant one from another , were the very same : secondly , because he and every man did finde that all the elections now returned , were made throughout the whole kingdome according to these private instructions , and in pursuance of them : and , that these private instructions were undoubtedly sent , besides the two reasons last mentioned , it doth evidently appeare ; first , because it is well knowne , that they who had never yet let any thing slip which they thought was advantagious to them , would not have let this passe unquestioned , but would have required our commissioner to prove the truth of these secret instructions , which brought so great a scandall upon their proceedings if they were not forged ; and so great a scandall upon him if they were : and therefore their not urging of him to make proofe of them , doth cleerely evince their guiltinesse . secondly , our commissioner , though he was loath to nominate unto them those severall covenanters from whom he received copies of these secret instructions , unlesse he were put to it ; yet hee hath upon his honour protested unto us , that he received them onely by the meanes of covenanters , who found themselves aggrieved by these sinister dealings , and that hee will justifie the receipt of these papers from them whensoever he shall be put to it , as he would have done in the assembly if hee had beene urged therunto ; which he expected they would have done , but did not , because they knew there were divers members of the assembly there present , who were well acquainted with the truth of what hee had delivered concerning these secret instructions . thirdly , because in their protestation made against our last proclamation , they have confessed some of them , which were not in either of their publike instructions , and which never came to our commissioners notice , but by these private papers . after this , first divers of the lords , and then some of the ministers , intreated our commissioner to stay , adding many words both to that purpose , and for justifying their proceedings . to the lords our commissioner answered , that for many monthes , onely their tables had been obeyed , but that wee and our councell table had received no obedience at all ; he was therefore now to try their obedience in this point , whether they would dissolve themselves at our speciall commandement . to the ministers he replied , that one of the chiefe reasons which had moved us to dissolve this assembly , was , to vindicate them from the tyrannie of lay-elders , who as they had gone about to suppresse the bishops , so now to oppresse them ; and , if wee did not protect them , would undoubtedly prove , not onely ruling but over-ruling elders : and withall added , that if they would now depart he would be a suitor to us for the indiction of a new free generall assembly , in which they might mend all the faults committed by them in their proceedings at this . here the earle of argyle , one of our councellers and assessors to our commissioner , desired to speak : his voyce was low , his speech he directed to the covenanters ; the summe of it was , that he was surprised , and did not expect this sudden rupture , but that he was willing to say something , which was , that he held it fit the assembly should consist of lay-men as well as church-men ; because these two made up one complete body , exhorted them to stand by the confession of faith , as it was sworn in . after he had done , our commissioner desired the moderatour to say prayer , and so to dismisse the assembly ; which he was about to doe , but was hindered by the lords , who fell againe with new perswasions to urge our commissioners stay with them : which he answered with so much expression of griefe for there misdemeanours , which had necessarily inforced this rupture , that verie many of the assembly seemed to be much moved with it . when nothing could perswade his stay , at last some of the lords told him , that fearing this rupture they had a protestation ready against what he had said and done , which they desired him to heare read ; which so soone as the clerk begun to read , our commissioner repeated his former protestation , adding , in expresse words , that in our name hee dissolved the court under the higest paines : and so came out with the lords of our councell , leaving the clerk reading their protestation . when he came to the church doore , he found it shut , so that some of his company were glad to force it open . no sooner was he gone , but the lord areskyn , eldest son to the earle of marr , stood up and made this wise speech , not without teares : my lords , and the rest , my heart hath beene long with you , i will dallie no more with god , i begge to bee admitted into your blessed covenant , and pray you all to pray to god for me , that he would forgive me for dallying with him so long . three others of meaner qualitie desired the same , and so all those foure were presently admitted into their covenant . these men , at least the lord areskyn , were resolved to enter into their covenant long agoe , but were reserved on purpose for doing of it at that houre , for the greater glory of their covenant : for no sooner had they sworn , & the moderator received them by the hand , but presently he desired the whole audience to admire gods approbation and sealing of their proceedings , that even at that instant , when they might have feared some shrinking and back-sliding because of the present rupture , he had moved the hearts of these men to begge admittance into their blessed societie . immediatly after , divers stood up and spake , but all much about one , and to this sense : they had seene how carefull and punctuall our commissioner was , like a good servant , faithfully to serve us his master , and to observe our instructions ( speaking withall much to his singular commendation ; ) how much more then ought they to be carefull to bee found faithfull in following his instructions , who was master , as to all themselves , so even to him who was our commissioners master ? these speeches being ended , two things were immediately put to the question : first , whether notwithstanding our commissioners departure and protestation they would adhere to their owne protestation , and continue the assembly . they all voyced affirmatively , except the lord carnaegie commissioner from the presbyterie of brichen , sir john carnaegie commissioner from the presbyterie of arbroath , two ministers commissioners from the presbyterie of strabogie , the lay elder and ministers commissioners from the presbyterie of peebles , doctor strang principall of the colledge of glasgow , doctor baroune commissioner from the universitie of s. andrewes ▪ with some others , who refused to sit with them any longer . the second was whether the assembly , though discharged by our commissioner , was competent judge to the bishops , and whether they would goe on in their tryall , notwithstanding the reasons conteyned in their declinator : and this passed affirmatively without one contrarie voyce ; and so for that night the assembly was dismissed . our commissioner after he had left the assemblie , that very night , though late , assembled our councell ; none were absent except the earle of argyle , who made some excuse and pretence for his not comming , and the lord almond , who was then sick . two things our councell resolved on ; first , to write unto us a letter of thanks for those gracious proffers , which wee by our commissioner had made at the assembly ; next , to draw up a proclamation for the dissolving of the assembly . their letter here followeth . most sacred soveraigne , in obedience to your majesties royall commands , we have attended your majesties commissioner here at glasgow since the . of this instant , and according to our bound dutie in so exigent occasion , have not been wanting with our humble and best advices : and although wee doe remit the particular relation of what is past to his graces selfe as best knowne to him ; yet we cannot for truths sake be so silent , as not acknowledge to your majestie , that never servant did with more industry , care , judgement and patience goe about the discharge of so great a trust : and albeit the successe hath not answered his desires , neither yet his extraordinarie paines , and ( as wee may confidently affirme ) most dexterous and advised courses taken to compasse the just command of so gracious a king ; yet his deserving herein merits to be remembred to posteritie . and since your majesty hath been pleased to renew to us your former act of grace expressed in your proclamation and declaration anent the maintenance of the true religion , and we in the defence and profession thereof ; wee doe all in humilitie and hearty acknowledgement of so great goodnesse , returne to your majesty the offer of our lives and fortunes in defence of your sacred person , and maintenance of your royall authority : and shall in all our actions approve our selves your majesties most loyall subjects and humble servants . sic subscribitur . traquaire , roxburgh , marre , murray , lithgow , perth , wigtoun , kingorne , tullibardin , haddington , galloway , annandaile , lauderdail , kinnoul , dumfreis , southesk , angus , elphinstoun , naper , dalyell , hay , w. elphinstoun , ja. carmichael , hamiltoun , blackhall . from glasgow , novem. . . to this letter the lord of argyle refused to set his hand . next morning the proclamation was signed by our commissioner and councell , but the earle of argyle refused to signe it , as before hee had done the letter . the proclamation here followeth . charles by the grace of god , king of scotland , england , france and ireland , defender of the faith. to our lovits , heraulds , pursevants , our sheriffes in that part conjunctly and severally specially constitute , greeting . forsameikle as out of the royall and fatherly care which we have had of the good and peace of this our ancient and native kingdome , having taken to our serious consideration all such things as might have given contentment to our good and loyall subjects : and to this end had discharged by our proclamation the service booke , booke of canons , and high commission , freed and liberate all men from the practising of the five articles , made all our subjects both ecclesiasticall and civill liable to the censure of parliament , generall assembly , or any other judicatorie competent , according to the nature and qualitie of the offence : and for the free entrie of ministers , that no other oath be administrate unto them then that which is contained in the act of parliament : had declared all by-gone disorders , absolutely forgotten and forgiven : and for the more full and cleare extirpating all ground and occasion of feares of innovation of religion , we had commanded the confession of faith , and band for maintenance thereof , and of authoritie in defence of the same , subscribed by our deare father , and his houshold , in anno . to bee renewed and subscribed againe by our subjects here : like as for settling of a perfect peace in the church and common-wealth of this kingdome , we caused indict a free generall assembly to bee holden at glasgow the . of this instant , and thereafter a parliament in may , . by which element dealing , we looked assuredly to have reduced our subjects to their former quiet behaviour and dutifull carriage , whereto they are bound by the word of god , and lawes both nationall and municipall , to us their native and soveraigne prince . and albeit the wished effects did not follow , but by the contrary , by our so gracious procedure they were rather emboldened , not onely to continue in their stubborne and unlawfull waies , but also daily adde to their former procedures acts of neglect , and contempt of authority , as evidently appeared by open opposing of our just and religious pleasure and command , exprest in our last proclamation anent the discharge of the service booke , booke of canons , high commission , &c. protesting against the same , and striving by many indirect meanes to withdraw the hearts of our good people , not onely from a hearty acknowledgement of our gracious dealing with them , but also from the due obedience to those our just & religious commands , notwithstanding we had been formerly so oft petitioned by themselves for the same . by their daily and hourely guarding and watching about our castle of edinburgh , suffering nothing to bee imported therein , but at their discretion , and openly stopping and impeding any importation of ammunition , or other necessaries whatsoever to any other of our houses within that kingdome : denying to us their soveraigne lord that libertie and freedome , which the meanest of them assume to themselves , ( an act without precedent or example in the christian world , ) by making of convocations and councell tables of nobility , gentry , burrowes and ministers within the citie of edinburgh , where , not regarding the lawes of the kingdome , they , without warrant of authoritie , conveene , assemble , and treat upon matters , as well ecclesiasticall as civill , send their injunctions and directions throughout the countrey to their subordinate tables , and other under-ministers appointed by them for that effect . and under colour and pretext of religion exercing an unwarranted and unbounded libertie , require obedience to their illegall and unlawfull procedures and directions , to the great and seen prejudice of authority , and lawfull monarchicall government . and notwithstanding it was evidently manifest by the illegall and unformall course taken in the election of their commissioners for the assembly , whereof some are under the censure of this church , some under the censure of the church of ireland , and some long since banished for open and avowed teaching against monarchie , others of them suspended , and some admitted to the ministerie contrary to the forme prescribed by the lawes of this kingdome , others of them a long time since denounced rebels , and put to the horne , who by all law and unviolable custome and practique of this kingdome , are , and ever have been incapable , either to pursue , or defend before any judicatorie , far lesse to be judges themselves ; some of them confined , and all of them by oath and subscription bound to the overthrow of episcopacie . and by this and other their under-hand working , and private informations and perswasions , have given just ground of suspicion of their partiality herein , & so made themselves unfit judges of what concerneth episcopacie . and also it was sufficiently cleared by the peremptorie and illegall procedures of the presbyteries , who at their own hand by order of law , and without due forme of processe , thrust out the moderatours lawfully established , and placed others , whom they found most inclinable to their turbulent humours ; associate to themselves for the choosing of the said commissioners for the assembly , a laick-elder out of each paroch , who being in most places equall , if not moe in number then the ministerie , made choice both of the ministers , who should be commissioners from the presbyteries , as also of a ruling-elder ; being directed more therein by the warrants from the foresaid pretended tables , then by their owne judgements , as appeares by the severall private instructions sent from them , farre contrary to the lawes of the countrey , and lowable custome of the church : by which doings it is too manifest , that no calme nor peaceable procedure or course could have been expected from this assembly , for settling of the present disorders and distractions : yet we were pleased herein in some sort to blindfold our own judgement , and over-looke the saids disorders , and patiently to attend the meeting of the said assembly , still hoping that when they were met together , by our commissioner his presence , and assistance of such other well disposed subjects who were to be there , and by their owne seeing the reall performance of all that was promised by our last proclamation , they should have been induced to returne to their due obedience of subjects : but perceiving that their seditious disposition still increases , by their repairing to the said assembly with great bands and troupes of men , all boddin in feare of warre , with guns and pistolets , contrarie to the lawes of this kingdome , custome observed in all assemblies , and in high contempt of our last proclamation at edinburgh the . of this instant : as also by their peremptory refusing of our assessors , authorized by us ( although fewer in number then our dearest father was in use to have at divers assemblies ) the power of voting in this assembly , as formerly they have done in other assemblies ; and by their partiall , unjust , and unchristian refusing , and not suffering to bee read the reasons and arguments given in by the bishops , and their adherents , to our commissioner , why the assembly ought not to proceed to the election of a moderatour without them , neither yet to the admitting of any of the commissioners of the saids commissioners from presbyteries , before they were heard object against the same , though earnestly required by our commissioner in our name . and notwithstanding that our commissioner under his hand , by warrant from us , gave in a sufficient declaration of all that was contained in our late proclamation and declaration , the same bearing likewise our pleasure of the registration of the same in the books of assembly for the full assurance of the true religion to all our good subjects ; and yet not resting satisfied therewith , lest the continuance of their meeting together might produce other the like dangerous acts , derogatorie to royall authoritie , we have thought good , for preveening thereof , and for the whole causes and reasons above-mentioned , and divers others importing the true monarchicall government of this estate , to dissolve and breake up the said assembly . and therefore ovr will is , and we doe discharge and inhibit all and whatsoever pretended commissioners , and other members of the said pretended assembly , of all further meeting and conveening , treating and concluding any thing belonging to the said assembly , under the pain of treason , declaring all and whatsoever that they shall happen to doe in any pretended meeting thereafter , to be null , of no strength , force nor effect , with all that may follow thereupon : prohibiting and discharging all our lieges to give obedience thereto , and declaring them , and every one of them , free and exempt from the same , and of all hazzard that may ensue for not obeying thereof . and for this effect we command and charge all the foresaids pretended commissioners , and other members of the said assembly , to depart forth of this city of glasgow within the space of xxiiii . houres after the publication hereof , and to repair home to their own houses , or that they goe about their own private affaires in a quiet manner . with speciall provision alwayes , that the foresaid declaration , given in under our commissioners hand , with all therein contained , shall notwithstanding hereof stand full , firm and sure to all our good subjects in all time coming , for the full assurance to them of the true religion . and our will is , and we command and charge , that incontinent these our letters seen , ye passe , and make publication hereof by open proclamation at the market crosse of glasgow , and other places needfull , wherethrough none pretend ignorance of the same . given under our signet at glasgow the . of november , and of our reign the fourteenth year . . sic subscribitur hamiltoun , traquaire , roxburgh , murray , linlithgow , perth , kingorne , tullibardin , hadingtoun , galloway , annandaill , lauderdaill , kinnoull , dumfreis , southesk , belheaven , angus , dalyell , j. hay , w. elphinstoun , ja. carmichael , j. hamiltoun . this proclamation being very solemnly made with sound of trumpets , and by harolds , with coats of our arms on their backs , at the market crosse of glascow , was received with a protestation read in the same place by iohnston the then clerk of the assembly , assisted by the lord areskyn , and divers others , young noblemen , and gentlemen . the paper which iohnston read , was not , as it seemeth , that very protestation which they printed ; for he read something out of a paper to that purpose , and offered it by the name of a protestation to him who read our proclamation , which paper the clarke of our councell offering to receive , iohnston refused to deliver it , saying , he must stay untill it were written . by which it is evident , that they who at glascow protested against our proclamation , did protest and desired their protestation to be received , before it was penned , as it is now printed , and before they could so much as send to them in whose name it was made , to know whether they would adhere to it or not . but a protestation against it they have since printed , which here now we doe subjoyne , that the reader may see how groundlesse and unwarrantable it is . the protestation of the generall assembly of the church of scotland , &c. made in the high kirk , and at the market crosse of glasgow , novemb. . and . an. . wee commissioners from presbyteries , burghes , and vniversities , now conveened in a full and free assembly of the church of scotland , indicted by his majestie , and gathered together in the name of the lord jesus christ the only head , and monarch of his own church ; and we noblemen , barons , gentlemen , ministers , burgesses and commons , subscribers of the confession of faith , make it knowne that where we his majesties loyall subjects of all degrees , considering and taking to heart the many and great innovations and corruptions lately by the prelates and their adherents intruded into the doctrine , worship , and discipline of this church , which had been before in great purity to our unspeakable comfort established amongst us , were moved to present many earnest desires and humble supplications to his sacred majestie , for granting a free generall assemblie , as the only legall and ready meane to try these innovations , to purge out the corruptions , and settle the order of the church , for the good of religion , the honour of the king , and the comfort and peace of the kirk and kingdome : it pleased his gracious majestie , out of his royall bountie , to direct unto this kingdome , the noble and potent lord , james marques of hammiltoun , with commission to hear and redresse the just grievances of the good subjects , who by many petitions , and frequent conferences , being fully informed of the absolute necessity of a free generall assemblie , as the only iudicatorie which had power to remedie those evils , was pleased to undergoe the paines of a voyage to england , for presenting the pittifull condition of our church to to his sacred majestie ; and the said commissioner his grace returned againe in august last , with power to indict an assemblie , but with the condition of such prelimitations , as did both destroy the freedome of an assembly , and could no wayes cure the present diseases of this church which was made so clearly apparent to his grace , that for satisfying the reasonable desire of the subjects , groaning under the wearinesse and prejudices of longsome attendance , he was againe pleased to undertake another journey to his majestie , and promised to indeavour to obtain a free generall assemblie , without any prelimitation , either of the constitution and members , or matters to be treated , or manner , and order of proceeding ; so that if any question should arise concerning these particulars , the same should be cognosced , judged , and determined by the assembly , as the onely iudge competent : and accordingly by warrant from our sacred soveraigne , returned to this kingdome , and in september last , caused indict a free generall assemblie to be holden at glasgow , the . of november instant , to the unspeakable ioy of all good subiects and christian hearts , who thereby did expect the perfect satisfaction of their long expectations ; and the finall remedie of their pressing grievances : but these hopes were soone blasted : for albeit the assemblie did meet and begin at the appointed day , and hath hitherto continued , still assisted with his graces personall presence , yet his grace hath never allowed any freedome to the assemblie , competent to it by the word of god , acts and practice of this church , and his majesties indiction , but hath laboured to restraine the same , by protesting against all the acts made therein , and against the constitution thereof by such members , as by all law reason and custome of this church were ever admitted in our free assemblies , and by denying his approbation to the things proponed and concluded , though most cleare , customable , and uncontraverted . and now since his grace after the presenting and reading of his owne commission from our sacred soveraigne , and after his seeing all our commissions from presbyteries and burghes produced and examined , and the assembly constitute of all the members by unanimous consent , doth now to our greater griefe , without any just cause or occasion offered by us , unexpectedly depart and discharge any further meeting , or proceeding in this assemblie , under the paine of treason ; and after seven dayes sitting , declare all acts made , or hereafter to be made in this assemblie , to be of no force nor strength ; and that for such causes as are either expressed in his maiesties former proclamations , ( and so are answered in our former protestations ) or set downe in the declinatour , and protestation presented in name of the prelats , ( which are fully cleared in our answer made thereto ) or else were long since proponed by the commissioner his grace in his eleven articles or demands sent unto us , before the indiction of the assembly ( and so were satisfied by our answers , which his grace acknowledged , by promising after the recept thereof to procure a free generall assembly , with power to determine upon all questions , anent the members , manner , and matters thereof ) all which for avoiding tediousnesse we here repeat : or otherwise the said causes alleadged by the commissioner , were proponed by his grace , in the assemblie ; such as first , that the ●ssemblie refused to reade the declinatour and protestation exhibited by the prelats , which neverthelesse was publickly read and considered by the assemblie , immediately after the election of a moderatour and constitution of the members , before the which , there was no assemblie established , to whom the same could have been read : next , that ruling elders were permitted to have voice in the election of commissioners from presbyteries , which was knowne to his grace , before the indiction and meeting of the assembly , and is so agreeable to the acts and practice of this church , in violably observed before the late times of corruption , that not one of the assembly doubted thereof , to whom by the indiction and promise of a free assembly , the determination of that question , anent the members constituent propertie belonged . and last , that the voices of the six assessors , who did sit with his grace , were not asked and numbered , which we could not conceive to be any just cause of offence , since after . nationall assemblies of this reformed church , where neither the kings majestie , nor any in his name was present , at the humble and earnest desire of the assembly , his majestie graciously vouchsafed his presence either in his owne royall person , or by a commissioner , not for voting or multiplying of voices , but as princes and emperours of old , in a princely manner to countenance that meeting , and to preside in it for externall order , and if wee had been honoured with his majesties personall presence , his majestie ( according to the practice of king james of blessed memorie ) would have onely given his owne iudgement in voting of matters , and would not have called others who had not been cloathed with commission from the church to carry things by pluralitie of voices . therefore in conscience of our duty to god and his truth , the king and his honour , the church and her liberties , this kingdome and her peace , this assemblie and her freedome , to our selves and our safety , to our posterity , persons and estates , we professe with sorrowfull and heavie , but loyall hearts , that we cannot dissolve this assemblie , for the reasons following . . for the reasons already printed anent the necessity of conveening a generall assemblie , which are now more strong in this case , seeing the assemblie was already indicted by his majesties authority , did conveene , and is fully constitute in all the members thereof , according to the word of god , and discipline of this church , in the presence and audience of his majesties commissioner ▪ who hath really acknowledged the same , by assisting therein seven dayes , and exhibition of his majesties royall declaration , to be registrate in the bookes of this assemblie , which accordingly is done . . for the reasons contained in the former protestations made in name of the noblemen , barons , burgesses , ministers , and commons , whereunto we doe now iudicially adhere , as also unto the confession of faith & covenant , subscribed & sworn by the body of this kingdome . . because as we are obliged by the application and explication subioyned necessarily to the confession of faith subscribed by vs ; so the kings maiestie , and his commissioner , and privie councell , have urged many of this kingdome to subscribe the confession of faith made in an . . and . and so to returne to the doctrine and discipline of this church , as it was then professed : but it is cleare by the doctrine and discipline of this church , contained in the book of policie then registrate in the books of assemblie , & subscribed by the presbyteries of this church ; that it was most unlawfull in it selfe , and preiudiciall to these priviledges which christ in his word hath left to his church , to dissolve or breake up the assemblie of this church , or to stop and stay their proceedings in constitution of acts for the welfare of the church , or execution of discipline against offenders ; and so to make it appeare , that religion and church-government should depend absolutely upon the pleasure of the prince . . because there is no ground of pretence either by act of assemblie , or parliament , or any preceding practice , whereby the kings maiestie may lawfully dissolve the generall assemblie of the church of scotland , far lesse his maiesties commissioner , who by his commission hath power to indict and keep it , secundùm legem & praxim : but upon the contrarie , his maiesties prerogative royall , is declared by act of parliament , to be no wayes preiudiciall to the priviledges and liberties , which god hath granted to the spirituall office-bearers , and meetings of this church ; which are most frequently ratified in parliaments , and especially in the last parliament holden by his maiestie himself : which priviledges and liberties of the church , his maiestie will never diminish or infringe , being bound to maintain the same in integritie by solemn oath given at his royal coronation in this kingdome . . the assemblies of this church have still inioyed this freedome of uninterrupted sitting , without or notwithstanding any contramand , as is evident by all the records thereof ; and in speciall by the generall assembly holden in anno . which being charged with letters of horning by the kings majestie his commissioner and councell , to stay their processe against master robert montgomerie , pretended bishop of glasgow , or otherwise to dissolve and rise , did notwithstanding shew their liberty and freedome , by continuing and sitting still , and without any stay , going on in that processe against the said master robert , to the finall end thereof : and thereafter by letter to his majestie , did shew clearly , how far his majestie had been uninformed , and upon misinformation , prejudged the prerogative of jesus christ , and the liberties of this church , and did inact and ordain , that none should procure any such warrant or charge under the pain of excommunication . . because now to dissolve , after so many supplications and complaints , after so many reiterared promises , after our long attendance and expectation , after so many references of processes from presbyteries , after the publick indiction of the assemblie , and the solemn fast appointed for the same , after frequent convention , formall constitution of the assemblie in all the members thereof , and seven dayes sitting , were by this act to offend god , contemne the subjects petitions , deceive many of their conceived hopes of redresse of the calamities of the church and kingdome , multiply the combustions of this church , and make every man despair hereafter ever to see religion established , innovations removed , the subjects complaint respected , or the offenders punished with consent of authority , and so by casting the church loose and desolate , would abandon both to ruine . . it is most necessary to continue this assembly for preveening the prejudices which may ensue upon the pretence of two covenants , whereas indeed there is but one , that first subscribed in and being a nationall covenant and oath to god ; which is lately renewed by vs , with that necessary explanation , which the corruptions introduced since that time contrary to the same , inforced : which is also acknowledged by the act of councell in september last , declaring the same to be subscribed , as it was meaned the time of the first subscription : and therefore for removing that shame , and all prejudices which may follow upon the show of two different covenants & confessions of faith in one nation , the assemblie cannot dissolve , before it trie , find and determine , that both these covenants , are but one and the self same covenant : the latter renewed by us , agreeing to the true genuine sense and meaning of the first , as it was subscribed in anno . for these and many other reasons , we the members of this assemblie , in our owne name , and in the name of the kirk of scotland , whom we represent ; and we noblemen , barons , gentlemen , ministers , burgesses , and commons before mentioned , doe solemnly declare in the presence of the everliving god , and before all men ; and protest , . that our thoughts are not guilty of any thing which is not incumbent to us , as good christians towards god , and loyall subjects towards our sacred soveraigne . . that all the protestations generall or particular , proponed or to be proponed by the commissioner his grace , or the prelates and their adherents , may be presently discussed before this generall assemblie , being the highest ecclesiasticall judicatorie of this kingdome : and that his grace depart not till the same be done . . that the lord commissioner depart not , till this assemblie doe fully settle the solide peace of this church , cognoscing and examining the corruptions introduced upon the doctrine and discipline thereof : and for attaining hereof , and removing all just exceptions which may be taken at our proceedings , we attest god the searcher of all hearts , that our intentions , and whole proceedings in this present assemblie , have beene , are , and shall be according to the word of god , the lawes and constitutions of this church , the confession of faith ; our nationall oath , and that measure of light , which god the father of light shall grant us , and that in the sincerity of our hearts , without any preoccupation or passion . . that if the commissioner his grace depart , and leave this church and kingdome in this present disorder , and discharge this assemblie , that it is both lawfull and necessarie for vs to sit still and continue in keeping this present assemblie , indicted by his majestie , till we have tryed , judged , censured all the bygone evils , and the introductors , and provided a solide course for continuing gods truth in this land with purity and liberty , according to his word , our oath and confession of faith , and the lawfull constitutions of this church ; and that with the grace of god , we and every one of vs adhering hereunto , shall sit still and continue in this assemblie , till after the finall setling and conclusion of all matters , it be dissolved by common consent of all the members thereof . . that this assemblie is and should be esteemed and obeyed , as a most lawfull , full and free generall assembly of this kingdome : and that all acts , sentences , constitutions , censures and proceedings of this assemblie , are in the selfe , and should be reputed , obeyed , and observed by all the subjects of this kingdome and members of this church , as the actions , sentences , constitutions , censures , and proceedings of a full and free generall assembly of this church of scotland , and to have all ready execution , under the ecclesiasticall paines contained , or to bee contained therein , and conforme thereto in all points . . that whatsoever inconvenience fall out , by impeding , molesting , or staying the free meeting , sitting , reasoning , or concluding of this present assembly , in matters belonging to their judicatorie , by the word of god , lawes and practice of this church , and the confession of faith , or in the observing and obeying the acts , ordinances and conclusions thereof , or execution to follow thereupon , that the same be not imputed unto us , or any of us , who most ardently desired the concurrence of his majesties commissioner to this lawfull assembly ; but upon the contrary , that the prelats and their adherents , who have protested and declined this present assemblie , in conscience of their owne guiltinesse , not daring to abide any legall tryall , and by their mis-information have moved the commissioner his grace to depart and discharge this assemblie , be esteemed , repute , and holden the disturbers of the peace , and overthrowers of the liberties of the church , and guiltie of all the evils which shall follow hereupon , and condignely censured according to the greatnesse of their fault , and acts of the church and realme : and to this end , wee againe and again doe by these presents cite and summon them , and everie one of them , to compeere before this present generall assembly , to answer to the premises , and to give in their reasons , defences , and answers against the complaints given in , or to bee given in against them , and to heare probation led , and sentence pronounced against them , and conforme to our former cytations , and according to justice , with certification as effeirs ; like as by these presents we summon and cyte all those of his majesties councell , or any other , who have procured , consented , subscribed , or ratified this present proclamation to be responsable to his majesty and three estates of parliament , for their counsell given in this matter , so highly importing his majestie , and the whole realme , conforme to the . act. king james . parliament . and protest for remedy of law against them , and every one of them . . and lastly wee protest , that as we adhere to the former protestations all and every one of them , made in the name of the noblemen , barons , gentlemen , ministers , burghes , and commons ; so seeing wee are surprised by the commissioner his graces sudden departing , farre contrary to his majesties indiction , and our expectation , we may extend this our protestation , and adde more reasons thereunto in greater length and number , whereby wee may fully cleare before god and man the equitie of our intentions , and lawfulnesse of our proceedings : and upon the whole premises the foresaid persons for themselves and in name aforesaid , asked instruments . this was done in the high church of glasgow in publike audience of the assembly , begun in presence of the commissioner his grace , who removed and refused to heare the same to the end , the twenty eighth day of november : and upon the mercate crosse of glasgow , the twentie ninth day of the said moneth , the yeere of god . respective . the reader shall not need to looke after much reason in this protestation ; for if he doe , he will be sure to lose his labour . much is repeated in it , of that which hath beene delivered in their former petitions and protestations ; all which shall now be passed by , what is new in it , the reader shall doe well to cast his eye upon that , taking along with him this advertisment , that there is little or indeed nothing in it new , which is true . towards the beginning you finde the protestation made , not onely in the name of the generall assembly , but in the name of the noblemen , barons , gentlemen , ministers , burgesses , and commons , subscribers of the confession of faith : now how this protestation could be made at glasgow in their names , who at that time neither were acquainted nor possibly could be acquainted with what passed at glasgow , being in the severall parts of the kingdome so farre distant from it , and many parts having no commissioners there , except those that were in the assembly , wee leave it to the readers consideration . they affirme not many lines after , that it was made cleare to our commissioner , that the assembly which hee meant to indict in august , was clogged with such prelimitations , that he undertooke another journey to us , and promised to endeavour to obtaine a free generall assembly without any prelimitation , &c. all which is so farre from truth , as nothing can be more ; for he did never desire the assembly to be prelimited ; for they themselves by their instructions both publique and private did prelimitate it , he did onely desire , that ( according to the usuall custome before assemblies ) some previous meeting and consultation might be held concerning the formes of the assembly ; which might very well have been forgot , there having been no assembly held for many yeeres before . againe , in the last words at the end of the first section , one would wonder how any man could have the boldnesse to affirme , that this their assembly was constituted of such members , as by all law , reason , and custome of that church were ever admitted in their free assemblies , since they in their owne conscience doe know , that there is no law extant for lay-elders having voice in generall assemblies : and if there be no law for it , we appeale to the judgement of every man indued with reason , whether there can bee any reason found for it , and whether if such a proposition were to be propounded , and to passe into a law , he would give his voice unto it if he had power so to do , that lay-men ( especially many of them , being ignorant and mechanicall persons ) should sit in the highest ecclesiasticall judicatorie , and by their voices determine points of faith , and other highest points of doctrine , and to inflict the highest censures of the church , even excommunication and deprivation , not onely of ministers , but of bishops , especially when in an assembly the number of the lay-voices shall be equall or very neere equall to those of the clergie , so that it may fall out , that the voices of the lay-men , having the voices but of twenty or thirty clergie men concurring with them in opinion , may carrie the determination of the highest point of doctrine against the rest of the clergie , and those perhaps the holiest , ablest , and most learned , though their number exceed a hundred . sure if such a proposition were to be past into a law , few voices would be found to enact it ; and therefore if there be no law for it already ( as undoubtedly there is none ) they might have done well not to have talked of reason for it : and that which they averre of the custome of that church , is as untrue as what they said either of law or reason : for we demand if there have been never a free assembly in scotland these last forty yeeres ? sure they will confesse there hath been ; and yet in none of these , lay-elders chosen by and sent from presbyteries had voices in these assemblies : nay , since the first reformation , hath there been any free generall assembly in that kingdome ? no question they will say there hath ; and yet we challenge them to name but any one assembly before this , in which the ministers chosen commissioners to it from the severall presbyteries , were chosen by the voices and suffrages of lay-elders : so that for that point it is impossible they should alledge either law , reason , or custome , or so much as any one instance ; and yet the elections of all the ministers present at this assembly were carried by the voices of lay-men , and in many places in despite of the ministers . a little after the beginning of the second section they doe affirme that which they themselves doe know not to be so ; for when they say that our commissioner did unexpectedly depart and discharge any further meeting or proceeding in this assembly , how can that stand with the words of the earle of rothes , who when our commissioner was rising and departing out of the assembly , told him , that his departure and discharging of the assembly was a thing not unlooked for , but expected by them ; and therefore they were provided for him , and had a protestation ready written against his discharging of the assembly , which he desired him to heare ( as is before mentioned ? ) but our commissioner refusing , the clerke presently begun to reade it , and our commissioner and councell at their departure left them reading it ; and after his departure it was read out to the end , and presently put to voices whether all the members of the assembly would adhere to it ; and the very title page of their protestation affirmeth , that it was first read in the high church , and afterward at the market-crosse of glasgow : besides , the moderatour made a speech to our commissioner upon his departure , which none of the auditors did conceive to bee extemporarie ; for when it was compared with any other speeches of his , delivered at any other time of the assembly , it was agreed that it was so much better penned or premeditated and delivered then any of the rest of his speeches , that certainly it was provided against our commissioners departure ; and yet these men protest , that our commissioners departure and discharging of the assembly was to them altogether unexpected , when they knew that they had carried themselves , and meant to carry themselves so , that it was impossible but that he should discharge the assembly . a great marke of the sinceritie of their proceedings . that which immediately after they adde , that they have fully cleared in their answer to the bishops declinator all the arguments contained in it against the assembly , as also those propositions made by our commissioner in his . articles or demands , sent unto them before the indiction of the assembly , and that our commissioner acknowledged so much , is all of equall untruth with the former ; for neither have they satisfied the bishops reasons propounded in their declinator , nor gave they any satisfaction to our commissioner his eleven articles or demands : and that our commissioner acknowledged that hee had received satisfaction to them is so manifest an untruth , as they themselves doe know there is no colour for it : they affirme within a few lines after , that our commissioner did know , before the indiction of the assembly , that ruling elders were to have voices in the election of commissioners from presbyteries : he did know it indeed , but could not tell how to helpe it ; and so soone as he did know it , which was immediately before the indiction of the assembly , he did sharply expostulate it with them , and assured them , that it would induce a nullitie upon the elections made to the assembly ; that we would never allow any for members of the assembly who were so chosen ; that he had notice of this their intention by the complaints of many covenanting ministers , who were resolved to protest against all such elections , but that he did know of any such elections with approbation of them , cannot be charged upon him . and whereas they say , that these elections are agreeable to the acts and practice of that church , they have received already a sufficient challenge to make that good , which undoubtedly they cannot : and where they adde , that not one of the assembly doubted thereof , it is well knowne that some of the ministers of edinburgh , and many more ministers of the assembly did grieve at it , but did not know how to remedy it . the whole third section is so derogatorie to our royall authoritie , and indeed doth so unworthily debase the authoritie of monarchs , as it is not to be answered any way but by justice : for it giveth no more power to us , if we had beene present and sitting at the assembly at glasgow , then thomas patterson a taylor of edinburgh had , who sate commissioner there . after , they subjoine some reasons for their protestation : in the first , they affirme that the assembly was constituted by the word of god ; but they doe not prove it , and sure never will. then they affirme , that our commissioner acknowledged the lawfulnesse of their assembly , by assisting therein seven dayes ; but they conceale that he solemnely protested , and entred his particular protestation against every thing they said or did in it ; and if hee who protesteth against a thing , may be said to acknowledge the lawfulnesse of it , then it may be that they themselves doe acknowledge the justice and equitie of all our proclamations , and our power and authoritie in discharging of this assembly , notwithstanding all their protestations made against these . and for our commissioner his exhibition of our royall declaration to be registred in the bookes of this assembly , let the reader remember the protestation before mentioned , which our commissioner made when he did so , and that scruple is quickly removed . their second and third reasons are of their owne fancies : they have lately sworne so , and to that sense they have explicated their covenant , therefore it must be so : but they did wrong in both , and therefore none must follow them in either , for every oath unlawfully taken is unlawfully kept . their fourth reason hath not one true word in it ; for there is law for our authoritie to dissolve the assembly , there being an expresse act of parliament which giveth us the sole power of indicting of an assembly , viz. the first act of the . parliament of our royall father : and sure , ejusdem est destituere cujus est instituere , whosoever hath the power of indicting hath the power of dissolving . they adde that there is no preceding practice for it . we wonder they can or dare affirme it : did not our royall father discharge that assembly at aberdene ? and when some few turbulent ministers did notwithstanding hold it , were they not convented before the lords of his councell for it ? who undoubtedly had punished them most severely , if by their declining of the councells authoritie , and appealing to a generall assemblie , they had not falne into an act of treason , and so by our councell were turned over to the judges in criminall causes ; before whom , by a jurie or assise , they were found guiltie of treason , for that act of declining our royall father and his councells authoritie , all which we touched a little before . and that by clayming our power to indict or dissolve the assemblies of the church , we doe infringe the priviledge and liberties of the church , or doe any act not consistent with the oath which we took at our coronation in that kingdome , as is suggested in this fourth reason , is most falsly and most seditiously affirmed , onely for drawing away of the hearts of our good subjects from us and our government . the act of parliament for our sole power of indicting assemblies here followeth . a ratification of the acts and conclusions set down and agreed upon in the generall assembly of the church , kept in glasgow in the month of june . together with an explanation made by the estates , of some of the articles of the same . chap. i. the act is long and hath many branches , we only recite two : first , it confirmes that act of the assembly , which acknowledgeth the indiction of the general assemblie of the church , to appertaine to his majestie by the prerogative of his royall crowne : and in the last branch of the act , our royall father and the three estates doe annull and rescind the . act of the parliament held in anno which did give some power to the generall assemblie , in some cases , of themselves to indict a new assemblie . their fifth reason conteineth an instance of an assemblie that would not stay a processe which they had intended against archbishop montgomerie the archbishop of glasgow , nor yet dissolve it selfe , notwithstanding they were charged by our royall father and his councell with letters of horning and rebellion to doe one of the two : an excellent argument , because one assembly did wickedly , and that which they could not doe , we must doe so likewise ; as if many yeeres hence , an assembly being charged by one of our successours to dissolve , should not obey , but alledge for their defence , that this assembly of glasgow would not dissolve it selfe , notwithstanding the members thereof were charged by us to doe so under paine of treason ; as if one unjust act could justifie another . but they should doe well to remember , that those who did but offer to hold an assembly at aberdene , after it was discharged by our royall father , were first convented before his councell , and afterwards severely punished for it . in their sixth reason there is no reason to be found . in their seventh reason they alledge , that they cannot rise untill they have found our covenant and theirs to be all one . if by their covenant they meane the confession of faith and covenant annexed , which was first injoyned by our royall father , and twice afterward by his authoritie renewed ▪ then they needed not to have sit one houre longer for finding of that ; for any man that can read may finde the words and syllables of both , to be the very same without the least alteration : but if by their covenant they doe understand their explications , additions , and glosses which destroy and corrupt the verie text of the first covenant , then certainly they should not have risen yet , nor could have risen untill the end of the world ; for they will never finde that these corrupt glosses , & apocryphall additions of their owne , can consist with our royall father his confession and covenant , upon which they pretend they ground their owne . besides , as shall presently appeare , they have discharged all men to subscribe the confession and covenant commanded by our authority ; which wee suppose they would not have done if they had found them to be one ; and therefore if they be men of their words , they should have sate still and not risen yet , because as yet they have not found them to be one . after their seven reasons they adde seven protestations of the same piece with their reasons : the first , third , fourth , and fifth are not worth the reading , for they conteine nothing but their usuall tautologies and taking the sacred name of god in vaine . in the second , and latter end of their sixth reason , their is so much boldnesse expressed , as could never have beene expected from any men who had been acquainted with the names of king , law , authoritie or government : for who ever heard that subjects durst require their kings commissioner not to depart out of the assembly , when he himselfe had pleased , although he had not been commanded by us so to doe ? what greater command could they have laid upon the meanest member of the assembly then this , by which they affronted our commissioner and in him us and our authoritie ? but their cytation of our councell , who signed our proclamation , to appeare as offenders before us and our three estates of parliament , ( which by the way wee wonder how they can bee made up without bishops ) and to answer the subscription of our proclamation as a crime , is a boldnesse that calleth more for admiration then refutation . they cyte for this their doing the twelfth act of the second parliament of our royall progenitor james the fourth . wee wondered that in his dayes there should bee any warrant found for the allowing the members of a generall assembly in any thing , in whose time a generall assembly had no existence : but when we looked upon the act , we wondered much more ; for there is not so much as any word to bee read there , which can bee drawne to any shew of construction that way . that act attributeth rather too much to privie councellours , then diminisheth them ; so that upon perusall of the act , we were almost inforced to excuse them , and lay the fault upon the printer , who had mistaken the cytation , untill wee remembred that in their cytations both of other acts of parliament , and many passages of holy scripture , they are as farre out as in this , hoping ( belike ) that the reader would never peruse them . that which they affirme about the middle of the sixth protestation , that the prelates moved our commissioner to dissolve the assembly , we must averre upon our owne knowledge to be farre otherwise ; for he did it by our speciall commandement , when none of the prelates were neere us to give us any such advice . their seventh protestation is usuall with them , and therefore now not to be taken notice of . and now when the reader hath perused both our proclamation for the dissolving of that assembly , and their protestation against that our proclamation , and hath well weighed all the precedent first violences , and then jugglings for their obtayning of such persons onely to be elected , as should be sure to stand for such conclusions as they had resolved upon at their tables at edinburgh , we doe leave it to the judgement of every man to consider whether wee could any longer continue that assembly without indangering our owne royall authoritie , which they intended to supplant , and betraying into the hands and power of their sworne and combined enemies the bishops of that church , who never declined , nor yet doe decline the tryall of a generall assembly lawfully constituted . they did long call for a free generall assembly ; wee granted them one most free on our part , and in our intentions : but as they have handled and marred the matter , let god and the world judge whether the least shadow or footstep of freedome can in this assembly of theirs be discerned by any man who hath not given a bill of divorce both to his naturall light , that is , his understanding , and to his connaturall light , that is , his conscience . it is a great errour to conceive , that libertie and limitation are destructive one of another : for that freedome which admitteth no bounds and limits , is not libertie but licentiousnesse : when therefore they talked of a free generall assembly , we tooke it as granted that they meant not an assembly in which every one both in the necessarie preparations preceding it , and in the necessarie proceedings in it , might say and doe what hee would ; but such an assembly , in which no man having interest , should bee barred either in the precedings to it , or proceedings in it , of that libertie which the lawes or customes of that kingdome and church in which that assembly was convocated , doe allow him : which two bounds whosoever shall transgresse , though they pretend libertie and freedome , yet in all true intendment & construction , they must be taken either for professed & common , or clandestine enemies to the freedome of that assembly . what wresting and wringing was used in their last protestation made at edinburgh , to charge our gracious proclamation with prelimitations , is knowne ; and it was detested by many even of their owne covenant . whether their courses , especially in the elections of the members of this assembly , were not onely prelimitations of it , but strong barres against the freedome of it , and such as did utterly destroy both the name and nature of a free assembly , inducing upon it many and maine nullities , besides the reasons contained in the bishops declinator , let these few particulars declare . first , whereas they refused so much as to heare from our commissioner of any precedent treatie for repairing and right ordering of things before the assembly , alledging that it could not be a free assembly where there was any consultation before , either concerning the chusers , or those to bee chosen , or things to be discussed in the assembly , but that all things must be treated of upon the place , else the assembly must needs be prelimitated . whether they did not transgress in all these particulars is easie to bee discerned : for besides these instructions , which it may bee are not come to our knowledge , we have seen , and our commissioner at the assembly did produce foure severall papers of instructions , sent from them , who call themselves the table , all of them containing prelimitations , and such as are repugnant not onely to that which they called the freedome , but to that which is indeed the freedome of an assembly : two of these papers were such as they were content should be communicated to all their associates , viz. that larger paper sent abroad to all presbyteries , before or about the time of our indiction of the assembly ; and that lesser paper , for their meeting first at edinburgh , then at glasgow some few daies before the assembly , and for chusing of assessors ; these two papers our commissioner delivered not into the assembly , because they did publiquely avow them : but their other two papers of secret instructions were directed , not from the table publiquely , but under-hand , from such as were the prime leaders of the rest ; the one of them was delivered or sent onely to one minister of every presbyterie whom they trusted most , and was onely to be communicated to such as hee might be confident of , and was quite concealed from the rest of the ministers , although covenanters : the other paper was directed onely to one lay-elder of every presbyterie , to be communicated as hee should see cause , and to be quite concealed from all others : these are the two papers which before you heard were delivered by our commissioner into the assembly , and they did containe directions , which being followed ( as they were ) did banish all freedome from this assembly ; as doth appeare before by the reading of the papers themselves . the second : some presbyteries did chuse their commissioners before the assembly was indicted , and therefore those commissioners could not lawfully have any voice there . the third : neither lay-elder , nor minister chosen commissioner by lay-elders , could have voice in the assembly , because such elections are not warranted by the lawes of that church and kingdome , nor by the practice and custome of either ; for even that little which seemeth to make for their lay-elders , is onely to be found in these bookes , which they call the bookes of discipline , which were penned by some private men , but never confirmed either by act of parliament , or act of generall assembly ; and therefore are of no authoritie : and yet in these elections they did transgresse even the rules of these bookes , there being more lay-elders who gave voices at every one of these elections , then there were ministers ; contrarie to their bookes of discipline , which require that the lay-elders should alwaies be fewer . but say there were an ecclesiasticall order or law for these lay-elders , yet the interruption of that order for above fortie yeeres , maketh so strong a prescription in that our kingdome against it , as that without a new reviving of that law by some new order from the generall assembly , it ought not againe to have been put in practice : for if we should put in practice and take the penalties of many dis-used lawes , without new intimation of them , it would bee thought by our subjects hard usage . the fourth : in many presbyteries these lay-elders disagreed wholly in their election from chusing those ministers whom their owne fellow-ministers did chuse , and carried it from them by number of voices , although in all reason the ministers should best know the abilities and fitnesse of their brethren . the fifth : these men elected as lay-elders to have voices in this assembly , could not be thought able and fit men , since they were never elders before , all or most of them being newly chosen ; some of them were chosen lay-elders the very day before the election of the commissioners to the assembly , which sheweth plainly they were chosen onely to serve their associates turne . the sixth : since the institution of lay-elders by their own principles is to watch over the manners of that people in that parish wherein they live , how can any man bee chosen a ruling-elder from a presbyterie , who is not an inhabitant within any parish of the precinct of that presbyterie ? and yet divers such , especially noblemen , were chosen as lay-elders commissioners from presbyteries , within the precincts whereof they never were inhabitants , against all sense or reason , even upon their owne grounds . the seventh : they can shew neither law nor practice for chusing assessors to the ruling-elders , without whose consent they were not to give voice to any thing in the assembly . the eight : the introducing of lay-elders is a burthen so grievous to the ministers , as that many presbyteries did protest and supplicate against them , and many presbyteries ( though they were in a manner forced to yeeld to it then ) yet did protest against it for the time to come . the ninth : in the election of commissioners to this assembly , for the most part the fittest men were passed by , and few chosen who ever were commissioners at any assembly before : the reason was , they conceived that new men would not stand much for their owne libertie in an assembly , of the liberties whereof they were utterly ignorant : besides , some were chosen who were under the censures of the church , some who were deprived by the church , some who had been expelled out of the universitie for reading to their scholars against monarchicall government , some who had been banished out of that kingdome for their seditious sermons and behaviour , some who for the like offences had been banished out of ireland , some who were then lying under the sentence of excommunication , some who then had no ordination or imposition of hands , some who had lately been admitted to the ministerie , contrarie to the standing lawes of that church and kingdome , and all of them were chosen by lay-elders : now what a scandall were it to the reformed churches , to allow this to be an assembly , which did consist of such members , and so irregularly chosen ? the tenth : divers members of this assembly , even whilst they sate there , were rebels , and at our horne ; and so by the lawes of that our kingdome uncapable of sitting as judges in any judicatorie . the eleventh : three oathes were to bee taken by every member of this assembly : the oath to the confession of faith lately renewed by our commandement , the oath of allegeance , the oath of supremacie , any of which three oathes whosoever shall refuse , cannot sit as a judge in any court of that kingdome ; and yet none of all these three oathes were sworne by any member of this assembly . besides these nullities of this assembly , what indecencie and rudenesse was to be discerned in it ? not so much as the face of an ecclesiasticall meeting to bee seen , not a gowne worne by any member of it , unlesse it were by one or two ministers who lived in the towne , the appearance in a manner wholly laicall ▪ amongst the members of it were seven earles , ten lords , fortie gentlemen , one and fiftie burgesses ; many of them in coloured clothes , and swords by their sides , all which did give voices not onely in very high points of controversie ( which we are sure very many of them did not understand , ) but also in the sentences of excommunication pronounced against the bishops and others : nay and more , all things in the assembly carried by the sway of these lay-elders , insomuch that all the time which our commissioner stayed in the assembly , it was a very rare thing to heare a minister speake ; for there was one earle and one lord who spake farre more then all the ministers , except the moderatour . and in the assembly every thing which was put to voices , was so clearly discerned to have been resolved amongst themselves before by a palpable pre-agreement , that it was very tedious to the auditors to heare the list of the assembly called , when the conclusion of it was knowne to them all , after the hearing of his voice who was first called ; which made some present to envie no member of the assembly but one , whose fortune it was ever to bee first called , his name being set downe first in the list ; his name was master alexander carse minister of polwart , one of the commissioners from the presbyterie of dunce : for if the acts of this assembly should come out in latine , and bee thought worth any thing in the christian world , and withall it should be expressed that the list of the members of it was called to the passing of every act , and his name should ever be found to be the first , there was never a father nor bishop , whose name is in any of the greeke or latine councells , so famous as this man should now be : for hee would be taken for a man of an unparalleled judgement both for soundnesse and profoundnesse , from whose judgement not one of the whole assembly ( except one , and that but once ) did ever swerve in the least particular ; for as he begun , all the rest did constantly follow . all these things being well considered , what hope could bee conceived of any good , either for the church or kingdome , from an assembly thus miserably constituted ? and therefore we resolved to dissolve it , as knowing that it would make that church and kingdome ridiculous to the whole world , especially to the adversaries of our religion ; that it would both grieve and scandalize all the other reformed churches , and make our justice to bee universally traduced , if we should have suffered the bishops our subjects , in that which concerned their callings , their reputations and fortunes , to be judged by their sworne enemies thus prepapared against them . after our commissioners departure from glasgow , they still continued their assembly notwithstanding our dissolving it by proclamation under paine of treason : and then immediately the earle of argyle , who indeed all this while had beene the heart of their covenant , begun to declare himselfe openly to be the head of it ; for he presently adjoined himselfe to them , sate continually with them in the assembly , although he were no member of it , nor had suffrage there , but sate onely as their chiefe director and countenancer , and indeed like our commissioner . it was not to be expected that after we had dissolved the assembly , they would observe any greater moderation in their proceedings then they had done before : nor did they indeed ; for all things passed in a hudling confusion , nothing argued publikely , but every particular referred to some few committees , who were the most rigidest they could pick out of the whole packe : what they resolved on , was propounded presently to the assembly , swallowed downe without further discussing ; mr alexander carse was called up , what he said first all the rest said the same . in one houre they declared six generall assemblies to be null and void , though two of them were then and are still in force by severall acts of parliament , and divers acts of the other foure are ratified and confirmed by parliament . in another houre they condemned , upon the report of a few ministers , all the arminian tenets ( as they call them ) and , under that name , many things received by all the reformed churches : a strange way , to condemne the arminian tenets without defining what those tenets were . in another houre , they deprived the archbishop of saint andrewes , the bishops of galloway and brechen , and so at other times all the rest of the bishops , many of whom they likewise excommunicated : where it is observable , that in the printed acts of this their ( now after our dissolving of it ) pretended assembly , the acts of the depositions of the bishops beare no such odious crimes , as they had made our people beleeve they were guilty of in that infamous libell which they caused to be read in the pulpits against them ; for proofe whereof we have caused one of their sentences of deposition to be here inserted , whereby it may be seene that not so much as one witnesse was examined , nor offered to be produced against them for any one of those fearfull crimes with which they were slandered in the libell , but were onely deposed for their obedience to acts of parliaments and generall assemblies . sentence of deposition against mr john guthrie pretended bishop of murray ; mr john grahame pretended bishop of orknay ; mr james fairly pretended bishop of lismoir ; mr neil campbell pretended bishop of isles . the generall assembly having heard the libels and complaints given in against the foresaids pretended bishops , to the presbytery of edinburgh , and sundry presbyteries within their diocesse , and by the saids presbyteries referred to this assembly to be tried : the said● pretended bishops being lawfully cyted , oftentimes called , and not compearing , proceeded to the cognition of the complaints and libels against them ; and finding them guiltie of the breach of the cautions agreed upon in the assembly at montrose anno . for restricting of the minister voter in parliament , from incroaching upon the liberties and jurisdictions of this kirk , which was set downe with certification of deposition , infamie , and excommunication ; and especially for receiving consecration to the office of episcopacie , condemned by the confession of faith , and acts of this kirke , as having no warrant nor foundament in the word of god ; and by vertue of this usurped power , and power of the high commission , pressing the kirke with novations in the worship of god ; and for their refusall to underlye the triall of the reigning slander of sundry other grosse transgressions and offences laid to their charge : therefore the assembly , moved with zeale to the glorie of god , and purging of this kirke , ordaines the saids pretended bishops to be deposed , and by these presents doth depose them , not onely of the office of commissionarie to vote in parliament , councell , or convention in name of the kirke ; but also of all functions , whether of pretended episcopall or ministeriall calling : and likewise in case they acknowledge not this assembly , reverence not the constitutions thereof , and obey not the sentence , and make not their repentance , conforme to the order prescribed by this assembly , ordaines them to be excommunicated , and declared to be of these whom christ commandeth to be holden by all and every one of the faithfull as ethnicks and publicans : and the sentence of excommunication to be pronounced upon their refusall , in the kirks appointed , by any of these who are particularly named , to have the charge of trying their repentance or impenitencie , and that the execution of this sentence be intimate in all the kirkes within this realme , by the pastours of every particular congregation , as they wil be answerable to their presbyteries and synods , or the next generall assembly , in case of negligence of the presbyteries and synods . in another houre they declared episcopall government to be inconsistent with the lawes of that church and kingdome , and so abolished it for ever , though it did then , and doth still stand confirmed by many acts both of parliaments and assemblies : they deprived the ministers , whose hands were at the protestations against lay-elders and elections made by them : some ministers they deprived for arminianisme ; a course never heard of in any place where any rule of justice was observed , that a minister should be deprived for holding any tenet which is not against the doctrine of that church wherein he liveth , and that before it be prohibited and condemned by that church : now there is nothing in the confession of that church against these tenets . at the synod of dort no man was censured for holding any doctrine against the conclusions of it , before the synod had determined against them , nor was hee to bee censured for any thing he had preached or printed , before that synod did tender unto him their canons to be subscribed : but at glasgow no such course was taken , but ministers were deprived without so much as ever being once asked the question whether they held any such opinion ; or if they did , whether they would now recall their opinions , and conforme their judgements to the judgement of the assembly in these points . some of their ministers being asked the question , with what conscience or justice they could deprive their brethren for holding opinions not condemned by that church , who perhaps after their church had condemned them , out of their love to the peace of their church would have forborne any further medling with them ; they returned this weake answer , that these tenets were condemned by that church under the generall name of poperie : but they could make no answer when it was told them , that certainly these tenets could not be counted popish , concerning which , or the chiefe of which , as learned papists as any in the world , viz. the dominicans and jesuites did differ as much as the protestants did ; and that those who doe adhere to the augustan confession , did hold that side of these tenets which the arminians doe hold , and yet they were very far from being papists , being the first protestants ; and therefore it was against all sense to condemne that for poperie , which was held by many protestant churches , and rejected by many learned papists . but all would not serve ; they would deprive ministers for holding them , before they themselves had condemned them . in the deprivation of one of these ministers there did fall out a memorable passage , which was this : the moderatour of the assembly , after the sentence of a ministers deprivation , was pleased to move this learned question to the assembly , whether ▪ if this deprived minister should baptize a childe , the childe must not be baptized againe ? but he was presently taken off by one of his brethren , who it seemeth was much ashamed of such a question , & told him , that they did never re-baptize those who had been baptized by popish priests ; and so all further talke of it was hushed . what conclusions were to bee expected from an assembly whose moderatour was so grosly ignorant as to move such questions , is easie to be conjectured . and the weaknesse of their conclusions would easily appeare , if all their severall acts were printed ; but because the reader shall be able to make some judgement of them , we have here caused an index of the titles of their acts to bee inserted , by which may be seen what they hold . an index of the principall acts of the assembly at glasgow , . sundry protestations betwixt the commissioner his grace and the members of the assemblie . master archibald johnstone his admission to be clerk , and his production of the registers of the church , which were preserved by gods wonderfull providence . an act disallowing any private conference , and constant assessors to the moderator . the act ratifying the authenticknesse of the registers , with the reasons thereof . the act registrating his majesties will given in by his commissioner . the act bearing the assemblies protestation against the dissolution thereof . the act deposing master david michel minister at edinburgh . the act deposing master alex. glaidstounes minister at s. andrews . the act annulling the six late assemblies holden at linlithgow . and . at glasgow . at aberdene , . at saint andrewes , . at perth , . with the reasons of the nullitie of everie one of them . the act declaring the nullitie of the oath exacted by prelats of intrants [ id est , such as are instituted to benefices . ] the act deposing master john creichtone minister at paislay . the act condemning the service book . the act condemning the book of canons . the act condemning the book of ordination . the act condemning the high commission . the sentence of deposition , and excommunication of the sometime pretended bishops of saint andrewes , glasgow , rosse , galloway , brichen , edinburgh , dumblane , aberdene . the sentence of deposition against the sometime pretended bishops of murray , isles , argyle , orknay , cathnes , and dunkell . the large act clearing the meaning of the confession of faith made anno . as abjuring and removing episcopacie . the act declaring the five articles to have beene abjured and to be removed . sentence of deposition against master thomas forrester . sentence of deposition against master william ahannan . sentence of deposition against master robert hammiltoun minister at glasford . sentence of deposition against master thomas mackeney . act anent the presbyterie of auchterardours present seat at aberuskene for the time . act restoring presbyteries , provinciall , and generall assemblies to their constitution , of ministers and elders , and their power and jurisdiction contained in the book of policie . act erecting presbyteries in argyle . act referring to the presbyteries the consideration of their meetings . act concerning the visitation of particular kirks , schooles , and colledges . act against non-residents . act concerning the planting of schooles in the countrey . act concerning the power of presbyteries admission of ministers , and choosing of their moderators . reference to the presbyteries anent the competencie of parochioners and presbyteries . act concerning the entrie and conversation of ministers , ratification of the act . act of reference to presbyteries concerning the defraying of the expences of the commissioners . act of reference concerning repressing , of poperie and superstition . act of reference to the presbyteries concerning the more frequent celebration of the lords supper . act of reference concerning markets on munday and saturday within burrowes . act against the profanation of the sabbath for want of afternoones exercise . act against the frequenting the companie of excommunicate persons . act setting down the roll of provinciall assemblies , and some orders thereanent . act of reference against milnes and salt pans . act anent the order of receiving the repentance of any penitent prelates . act anent the excommunicating of the ministers deposed , who doe not obey their sentence . act against those who speake or write against the covenant , this assembly and constitutions thereof . act of reference anent the voicing in the kirk sessions . act condemning chapters , * archdeans , preaching deacons , and such like popish trash . act against the obtruding of pastors upon people . act against marriage without proclamation of banes. act against funerall sermons . act anent the triall of expectants ; [ that is , such as are not possessed of any benefice . ] act anent the admission of master archibald johnstoun to be advocate , and master rob. dalgleish to be agent for the kirk . act anent the transplantation of master alexander henderson from leuchars to edinburgh . act of reference to the presbyteries and provinciall assemblies , to take order with salmon-fishing . act of transporting master andro cant from pitsligo to newbotle . act condemning all civill offices in the persons of ministers separate to the gospel , as to be justices of peace , sit in session or councell , to vote or ride in parliament . act concerning a commission for complaints about edinburgh . another commission to sit at jedburgh . another commission to sit at irwin . another commission to sit at dundee . another commission to sit at the channeries and forres . another commission to sit at kircubright . a commission for visitation the colledge of aberdene . a commission for visitation of the colledge of glasgow . act against salmon fishing , and going of milnes on the sabbath day . act appointing the commissioners to attend the parliament , and articles which they are to represent in name of the kirke to the estates . act ordaining the commissioners from presbyteries and burrowes presently to get under the clerks hand an index of the acts , and hereafter a full extract of them , which they are bound to take back from the assembly to the presbyteries and burrowes . act ordaining the presbyters to intimate in their severall pulpits the assemblies explanation of the confession of faith , the act against episcopacie , the act against the five articles , the act against the service book , booke of canons , booke of ordination , the high commission , the acts of excommunication and deposition against some prelates , and act of deposition onely against some others of them . * an act discharging printers to print any thing either anent the acts or the proceedings of this assemblie , or any treatise which concernes the kirke , without a warrant under master archibald johnstouns hand , as clerke to the assemblie , and proctor for the kirke , and that under the pain of all ecclesiasticall censure to be intimate with other acts. act ordaining the covenant subscribed in febr. now to be subscribed with the assemblies declaration . * act discharging all subscription to the covenant subscribed by his majesties commissioner and the lords of councell . act ordaining all presbyteries to keepe a solemne thanksgiving in all parishes , for gods blessing , and good successe in this assembly , upon the first convenient sabbath . act against those who are malicious against this church , decliners or disobeyers of the acts of this assembly . act warranting the moderatour and clerke to give out summons upon relevant complaints , against parties to compeere before the next assembly . act renewing the priviledges of yeerely generall assemblies , and oftner , pro re nata , and appointing the third wednesday in july next in edinburgh for the next generall assembly . act that none be chosen ruling elders to sit in presbyteries provinciall , or generall assemblies , but those who subscribe the covenant , as it is now declared , and acknowledges the constitution of this assembly . * act to transport master rob. blair from aire to st. andrewes . act for representing to the parliament the necessitie of the standing of the procutors place for the kirk . there are many lesse principall acts omitted , so the index is not fully perfect . a. jhonston . by these it is easie to be discerned what conclusions , tending to sedition and rebellion , and the overthrow of the lawes both of church and kingdome , were agreed upon ; what false , nay and what foolish positions there were established ; for instance , had it not been enough to have removed episcopall government , the five articles of perth , and the other pretended innovations , if they had been furnished with lawfull power so to doe ? no , but they will have it concluded , that all these were abjured in the confession of faith when it was first sworne ; which no reasonable man can beleeve ▪ and which they themselves did allow in many not to abjure when they first swore their covenant , and to which many ministers , members of this assembly , had sworne at their admission into their benefices , according to the acts of parliament , and acts of generall assembly provided in that case ; and so by swearing that these things were abjured in the first confession , they make them profess that they had perjured themselves in taking the other oath of their conformitie to these pretended innovations : upon which rocke one minister of the assembly finding himselfe to be set fast , when that act was voiced unto which declared episcopall government , and the five articles of perth to have been abjured formerly , and so to be for ever removed : mr. robert baylie voiced thus , removed but not abjured , to the great scandall of the rest of the assembly , hee being reputed for one of the ablest men in it : but the act was drawne up in these termes , abjured and removed , by the voices of all the assembly , except his alone , who , knowing that all the acts were particularly to be read and voiced to againe , had drawn up a supplication to the assembly in the name of those ministers , who before had conformed themselves to the five articles of perth , for a mitigation of that act , at least that it might receive a publique hearing and arguing ; which the rest having knowledge of , when that act came to bee read and voiced to againe , one of the lords , who was a lay-elder , perswaded with the clerke , that in calling the list this minister his name should be omitted , and so the act passed without so much as asking of his voice , who had his supplication ready when he should be called upon by his name , but perceiving that the omission of his name was purposely done , he durst stirre no more in it , for feare of publique envie , and some private mischiefe which might be done unto him ; and yet you must think this was a most godly and free assembly . towards the end of their assembly , they divided themselves into severall committees , which should after their rising see all their acts put in execution ; a thing never heard of before in that church . the moderatour concluded with thankes to god for their good successe , and then to the nobilitie and the rest for their great paines , and last of all with a speech to the earle of argyle , giving him thankes for his presence and counsell , by which they had been so much strengthened and comforted : the lord argyle answered him with a long speech ; first , intreating all present not to misconstrue his too late declaring himselfe for them , protesting that he was alwaies set their way , but had delayed to professe it so long as he found his close carriage might be advantagious to their cause ; but now of late , matters had come to such a height , that he found it behoved him to adjoin himself openly to their societie , except he should prove a knave , ( this was , as we are informed , his owne word ) : then he went on and exhorted them all to unitie , wishing all , but especially the ruling-elders and ministers , to keepe a good correspondence ; intreated all the ministers to consider what had brought the bishops to ruine , viz. pride and avarice , and therefore willed them to shun these two rockes if they would escape shipwrack . the lord who delivered this speech , delivered indeed the true meaning and sense of the covenanters : for it was neither the bishops bringing in the pretended innovations , nor their suspecting them to bee guilty of the odious crimes expressed against them in their libell , which incensed this and the other covenanting lords against the bishops , but their feare of their daily rising in dignitie and place , which in this speech is called pride in them ; and their feare that the bishops might recover out of their hands by law some of the church lands belonging to their churches , which in this speech is called avarice in the bishops . in the meane time , whether it be not pride in these lords to envie any mans rising in the church and common-wealth , according to that worth and sufficiencie which his prince shall find in him , and whether it bee not avarice in them not to endure that other men should legally seeke to recover their owne from them , shall be left to the judgement of the indifferent reader . but for this revolted lord who made this speech , and professeth in it , that if he had now not adjoyned himselfe to them , he should have proved a knave , we can give this testimonie of him , that at his last being here with us in england ( at which time we had good reason to mis-doubt him ) he gave us assurance that hee would rest fully satisfied , if we would performe those things which wee have made good by our last gracious declaration ( in which we have granted more then we did at that time promise ) so that we had little reason to expect his adjoyning himselfe to them , who had given us so great assurance to the contrary , besides that assurance which hee gave to our commissioner when hee was in scotland . and now if by his owne confession hee carried things closely for the covenanters advantage , being then one of the lords of our secret councell , and that in the end hee must openly joyne with them or bee a knave ; what hee hath proved himselfe to bee by this close and false carriage , let the world judge . our commissioner , after he had by our commandement dissolved the assembly , hearing that they who remained still at glasgow under the name of an assembly , went about to put such a sense upon that confession of faith and band annexed , which we lately had commanded to bee renewed , as agreed best with those corrupt glosses and false interpretations , which by their owne covenant they had put upon it , as if episcopall government had now by our commandement been abjured ; and so did begin to magnifie our covenant , and resolved to declare it to be all one with their owne , though they had in their pulpits called it the depth of sathan , and had assured their followers , that it could not bee sworne unto without perjurie , and that even after that act of councell , upon which they did ground their interpretation , he , having perused our instructions which required him not to suffer the confession of faith to be sworne in any sense , which might not consist with the lawes of that church and kingdome then in force ; thought it convenient to print a declaration of our cleare meaning and intention in requiring that oath ; which , so soon as it was published , made them quite change their minds , and prohibit the subscription to our covenant , which they had immediately before so much extolled : our commissioners declaration we have here caused to be re-printed together with their printed answer to it , because we are confident both by our owne judgement , and the judgement of others who have perused them both , that the five reasons contained in our commissioners declaration stand yet unshaken for any thing delivered in their answer unto them ; and that as strongly as the divines of aberdenes first queries , replies and duplies doe . our commissioners explanation followes . an explanation of the oath and covenant . whereas some have given out that by the act of councell , which explaineth the confession of faith lately commanded to bee sworne by his majestie , to be understood of the confession of faith , as it was then professed and received , when it was made , and that in that confession , defence both of the doctrine and discipline then established is sworn , at which time episcopall government being ( as they say ) abolished , it must needs follow , that the same government is by this late oath abjured . and understanding that even amongst those who continue together still at glasgow , under the name of a pretended and unlawfull generall assemblie , this objection is held to be of some moment , and used by them to the great disturbance of the peace of this church and kingdome , and to the great disquieting of the mindes of such his majesties good subjects as have taken the said oath , and yet never meaned nor do meane to abjure episcopall government ; and to perswade others , that if they shall take the same oath thus explained by the said act of councell , by so doing they must likewise abjure the said government .. we james marquesse of hamiltoun , his majesties high commissioner , wondring that any such scrupulous misconstruction should be made of his majesties gracious and pious intentions , and being desirous to remove all doubts from the mindes of his majesties good subjects , and to keep them from being poysoned by such as by forced and forged inferences would make them beleeve , that they had actually by taking that oath sworne that which neither virtually nor verily they have sworne , or ever intended to sweare , or was required by authoritie to be sworne by them , either directly or indirectly ; considering that all oathes must be taken according to the minde , intention , and commandement of that authoritie which exacteth the oath ; and that we , by speciall commandement from his sacred majestie , commanded the said oath to be administred , wee do hereby freely and ingeniously professe and declare our minde and meaning herein , as wee have constantly heretofore done since our comming into this kingdome about this imployment ; viz. that by any such words or act of councell we never meaned or intended that episcopall government should bee abjured , nor any thing else which was established by acts of parliament , or acts of the church of this kingdome which are now in force , and were so at the time of the taking of the said oath . nor indeed could wee have any other intention or meaning , being clearely warranted and expresly commanded by his majesties instructions , to exact the said oath , and take order that it should bee sworne throughout the kingdome in that faire and lawfull sense , and none other : neither in this point did we deliver our owne words , or his majesties minde ambiguously or doubtfully , so as any other sense , to our thinking , could bee picked or wrung out of either the one or the other ; for we do attest the lords of the councell , whether wee did not to manie , or all of them upon severall occasions in conference with them ever since our comming into this kingdome , constantly declare unto them , that his majesties resolution was not to suffer episcopall government to be abolished : wee attest all the lords of session , whether before our tendering of that oath to them , or their lordships taking of it , wee did not fully and freely declare to them , that his majesties minde in commanding us to see this oath taken , and our own minde in requiring them to take it , was onely to settle and secure the religion and faith professed in this kingdome , but was not to bee extended to the abjuring of episcopall government , or any other thing now in force by the lawes of this church and state at the time of administring this oath , which their lordships , being the reverend and learned judges of the lawes , knew well could not bee abjured ; after which perspicuous predeclaration of our minde , their lordships undoubtedly in that same sense and none other took the said oath . and now , good reader , having heard his majesties minde and intention , and in pursuance of them the minde of his majesties high commissioner concerning this oath , the reasons to repell the former objection seeme to bee needlesse ( the knowne minde of the supreme magistrate who urgeth an oath , being to be taken for the undoubted sense of it ; ) yet for as much as that objection hath of late beene mainly urged for alienating the mindes of many of his majesties good subjects , and well affected to that government , from adhering unto it , be pleased to know , that the former objection hath neither shew nor force of reason in it , and that by the said oath and that explanation set down in the act of councell , episcopall government neither was , nor possibly could bee , abjured , and that for many reasons , but especially these five , which we having seen and approved , have caused to bee here inserted , and leave them to thine impartiall consideration . first , god forbid it should be imagined that his majestie should command his subjects to take an oath which in it selfe is absolutely unlawfull ; but for a man to sweare against a thing which is established by the lawes of church and kingdome in which he liveth ( unlesse that thing be repugnant to the law of god ) is absolutely unlawfull , untill such time as that kingdome and church do first repeale these lawes ; and therefore episcopall government , not being repugnant to the law of god , nay , being consonant unto it , as being of apostolicall institution ( which shall be demonstrated if any man please to argue it ) and standding fully established , both by acts of parliament , and acts of generall assemblie at the time when this oath was administred ; to abjure it before these acts be repealed , is absolutely unlawfull , and against the word of god : and it is to be hoped no man will conceive that his majestie meaned to command a thing absolutely unlawfull . and if it should be said , as it is said by some , ( who not being able to avoid the force of reason , do betake themselves to pitifull shifts and evasions ) that these acts of parliament and assembly , establishing episcopall government , were unlawfully and unduly obtained ; certainely if they have any reasons for this their bold assertion , which is of a more dangerous consequence then that it ought to be endured in any well setled church or common-wealth ; these reasons may bee presented lawfully to these judicatories to entreat them to reduce the saids acts , if there shall be strength and validitie found in them : but to hold , that untill such time as these judicatories shall repeale the saids lawes , they either ought to bee , or can possibly bee abjured , is a wicked position , and destructive of the verie foundation of justice both in church and common-wealth . secondly , it cannot bee imagined that this oath should oblige the now takers of it farther then it did oblige the takers of it at first : for doctrine and points of faith it did oblige them then , and so doth it us now , perpetually , because these points in themselves are perpetuall , immutable , and eternall : but for points of discipline and government , and policie of the church , that oath could binde the first takers of it no longer then that discipline and government should stand in force by the lawes of this church and kingdome , which our church in her positive confession of faith printed amongst the acts of parliament , artic . . . declareth to bee alterable at the will of the church it selfe , and so repealable by succeeding acts , if the c●●rch shall see cause . when a king at his coronation taketh an oath to rule according to the lawes of his kingdom , or a judge at his admission sweareth to give judgement according to these lawes , the meaning of their oaths cannot be that they shall rule or judge according to them longer then they continue to be lawes : but if any of them shall come afterwards to bee lawfully repealed , both king and judge are free from ruling and judging according to such of them as are thus lawfully repealed , notwithstanding their originall oath . since therefore if the first takers of that oath were now alive , they could not bee said to have abjured episcopall government , which hath been since establshed by lawes of this church and kingdom , especially considering that this church in her confession holdeth church government to bee alterable at the will of the church ; certainely we repeating but their oath , cannot be said to abjure that government now , more then they could be said to do it if they were now alive and repeating the same oath . thirdly , how can it be thought that the verie act of his majesties commanding this oath should make episcopall government to bee abjured by it , more then the covenanters requiring it of their associats , in both covenants the words and syllables of the confession of faith being the same ? now it is well knowne that many were brought in to subscribe their covenant , by the solemne protestations of the contrivers and urgers of it , that they might subscribe it without abjuring of episcopacie , and other such things as were established by law , since the time that this oath was first invented and made ; and the three ministers in their first answers to the aberdene quaeres have fully and clearely expressed themselves to that sense , holding these things for the present not to bee abjured , but onely referred to the tryall of a free generall assemblie : and likewise the adherers to the last protestation against his majesties proclamation , bearing date the ninth of september , in their ninth reason against the subscription urged by his majestie do plainely averre , that this oath urged by his majestie doth oblige the takers of it , to maintaine perth articles , and to maintaine episcopacie . why therefore some men swearing the same words and syllables should have their words taken to another sense , and bee thought to abjure episcopall government , more then others who have taken the same oath in the same words , must needs passe the capacitie of an ordinarie understanding . it is a received maxime , and it cannot be denied , but that oaths ministred unto us must either bee refused , or else taken according to the knowne minde , professed intention , and expresse command of authoritie urging the same : a proposition , not onely received in all schooles , but positively set down by the adherers to the said protestation totidem verbis in the place above cited . but it is notoriously knowne even unto those who subscribed the confession of faith by his majesties commandment , that his majestie not onely in his kingdomes of england and ireland , is a maintainer and upholder of episcopall government according to the laws of the said churches and kingdomes , but that likewaies he is a defender , and intends to continue a defender of the same government in his kingdome of scotland , both before the time , and at the time when hee urged this oath ; as is evident by that which is in my lord commissioner his preface , both concerning his majesties instructions to his grace , and his graces expressing his majesties minde , both to the lords of councell , and to the lords of session ; and the same likewayes is plainly expressed and acknowledged by the adherers to the said protestation in the place above cited : their words being these ; and it is most manifest that his majesties minde , intention , and commandment , is no other but that the confession be sworne , for the maintenance of religion , as it is already or presently professed ( these two being co-incident altogether one and the same , not onely in our common forme of speaking , but in all his majesties proclamations ) and thus as it includeth , and continueth within the compasse thereof , the foresaids novations and episcopacie , which under that name were also ratified in the first parliament holden by his majestie . from whence it is plaine , that episcopacie not being taken away or suspended by any of his majesties declarations , as these other things were which they call novations ; it must needs both in deed , and in the judgement of the said protesters no wayes bee intended by his majestie to be abjured by the said oath . now both the major and that part of the minor which concerneth episcopall government in the church of scotland , being clearly acknowledged by the protesters ; and the other part of the minor concerning that government in his other two kingdomes being notoriously knowne , not onely to them , but to all others who know his majestie , how it can be imagined that his majestie by that oath should command episcopacie to be abjured , or how could any one to whom his majesties minde concerning episcopall government was known , honestly or safely abjure it , let it be left to the whole world to judge ; especially considering that the protesters themselves in that place above cited , by a dilemma , which we leave to themselves to answer , have averred , that when that act of councell should come out , yet that it could not be inferred from thence that any such thing was abjured . fifthly and lastly , if the explanation in that act of councell be taken in that not onely rigid but unreasonable and senslesse sense which they urge , yet they can never make it appeare , that episcopall government at the first time of the administring of that oath was abolished : the very words of that confession of faith , immediatly after the beginning of it , being these , received , beleeved , defended by many and sundrie 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 onely ground of our salvation , &c. by which it is evident , that the subscription to this confession of faith is to be urged in no other sense then as it was then beleeved and received by the kings majestie , and the three estates of this realme at that time in being ; and it is well knowne , that at that time bishops , abbats and priors made up a third estate of this realme , which gave approbation to this confession of faith : and therefore it is not to bee conceived , that this third estate did then abjure episcopacie , or that episcopacie was at the first swearing of that confession abolished . but say that at that time it was abolished by acts of generall assemblie , yet was it not so by any act of parliament , nay by many acts of parliament it was in force , because none of them was repealed ; some whereof are annexed in the sheet immediatly after these reasons , which wee pray the reader carefully to peruse and ponder : and at the very time of the taking of this oath and after , bishops , whose names are well knowne , were in being . now it is to bee hoped that in a monarchie , or any other well constituted republick , that damnable jesuiticall position shall never take place , that what is once enacted by a monarch and his three estates in parliament , shall ever be held repealed or repealable by any ecclesiasticall nationall synod . by all which it is evident , that the explanation of that act of councell so groundlesly urged , can induce no man to imagine that by the confession of faith lately sworne by his majesties commandment , episcopall government , which then did , and yet doth stand established by acts of this church and kingdome , either was , or possibly could be abjured . and having now ( good reader ) heard his majesties minde in his instructions to us , our minde in requiring in his majesties name this oath to be taken , and these few reasons of many which doe evidently evince the inconsequence of that sense , which without any shew of inference is put upon it by those who would go on in making men still beleeve , that all which they doe or say is grounded upon authority , though they themselves doe well know the contrary ; wee suppose that all they who have taken this oath will rest satisfied that they have not abjured episcopall government ; and that they who shall take it , will take it in no other sense . which timely warning of ours , we are the more willing to give , because we are given to understand , that even they who were wont to call the takers of this oath ( notwithstanding of that explanation by act of councell ) perjured and damned persons , and in their pulpits called the urging of it the depth of sathan , doe now meane to take it themselves , and urge others to take it in that sense which they make men beleeve ( though wrongfully ) that act of councell makes advantageous to their ends . but we doe in his majesties name require that none presume to take the said oath , unlesse they bee required so to doe by such as shall have lawfull authoritie from his majestie to administer it unto them : being confident , that none either will or can take the said oath or any other oath in any sense , which may not consist with episcopall government , having his majesties sense , and so the sense of all lawfull authority fully explayned to them . hamiltoun . that episcopall jurisdiction was in force by acts of parliament , & no wayes abolished nor suppressed in the yeare . nor at the time of reformation of religion within the realm of scotland , doth evidently appeare by the acts of parliament after mentioned . first by the parliament . cap. . whereby at the time of reformation the popes authoritie was abolished , it is enacted by the said act , that no bishop , nor other prelate in this realme , use any jurisdiction in time coming by the bishop of romes authority . and by the third act of the same parliament , whereby it is declared , that all acts not agreeing with gods word , and contrary to the confession of faith approved by the estates in that parliament , to have no effect nor strength in time to come . whereby it is evident , that it was not the reformers intētion to suppresse episcopacie , but that bishops should not use any jurisdiction by the bishop of rome his authority ; & seeing they did allow episcopacie to cōtinue in the church , that they did not esteeme the same contrary to gods word and confession foresaid : as appeares more clearly by the sixth act of the said parliament , which is ratified in the parliament . cap. . whereby it is declared , that the ministers of the blessed evangell of iesus christ , whom god of his mercie hath now raised up amongst us , or hereafter shall raise , agreeing with them that now live in doctrine or administration of the sacraments , and the people of this realme that professe christ as hee is now offered in his evangel , and doe communicate with the holy sacraments , as in the reformed kirks of this realme they are publickly administrate , according to the confession of the faith , to be the only true and holy kirk of iesus christ within this realme ; without any exception by reason of policie and discipline , declaring only such as either gain-say the word of the evangel according to the heads of the said confession , or refuse the participation of the holy sacraments as they are now ministrate , to bee no members of the said kirk so long as they keep themselves so divided from the societie of christs body . whereby it is manifest , that it was not the said reformers minde to exclude any from that society by reason of discipline , and that they did not at that time innovate or change any thing in that policie they found in the said kirk before the reformation . this is likewaies evident by the oath to be ministred to the king at his coronation , by the eigth act of the said parliament , wherby he is to sweare to maintaine the true religion of iesus christ , the preaching of his holy word & due and right ministration of the sacraments now received and preached within this realme , and shall abolish and gainstand all false religion contrarie to the same ; without swearing to any innovation of policie and discipline of the kirk . secondly , it doth evidently appeare by these subsequent acts of parliament , that by the muncipall law of this realme archbishops and bishops was not only allowed in the kirk , but also had jurisdiction and authority to governe the same . first , by the . act of the said parliament , whereby all civill priviledges granted by our soveraigne lords predecessors to the spirituall estate of this realme , are ratified in all points after the form & tenor therof . and by the . act of the parliament . whereby all and whatsoever acts and statutes made of before by our soveraigne lord and his predecessors anent the freedome and liberty of the true kirke of god , are ratified and approved . by the . act of the parliament . whereby it is declared , that archbishops and bishops have the authority , and are ordained to conveen and deprive all inferiour persons being ministers , who shall not subscribe the articles of religion , and give their oath for acknowledging and recognoscing of our soveraigne lord and his authority , and bring a testimoniall in writing thereupon within a moneth after their admission . by the . act of the same parliament , whereby it is declared , that archbishops and bishops have authority at their visitations to designe ministers gleibes . by the . act of the said parliament , whereby archbishops and bishops are authorized to nominate and appoint at their visitations , persons in every parochin for making and setting of the taxation , for upholding and repairing of kirks and kirk-yards , and to conveene , try , and censure all persons that shall be found to have applied to their own use the stones , timber , or any thing else pertaining to kirks demolished . by the . act of the parliament . whereby archbishops and bishops are authorized to admonish persons married , in case of desertion , to adhere , and in case of disobedience , to direct charges to the minister of the parochin to proceed to the sentence of excommunication . by the . act of the parliament . whereby bishops , and where no bishops , are provided , the commissioner of diocesses , have authority to try the rents of hospitals , and call for the foundations thereof . by the . act of the parliament . whereby the jurisdiction of the kirk is declared to stand in preaching the word of iesus christ , correction of manners , and administration of the holy sacraments ; and yet no other authority nor office-bearer allowed and appointed by act of parliament , nor is allowed by the former acts ; but archbishops and bishops intended to continue in their authority , as is clear by these acts following . first , by the . act of the same parliament , whereby persons returning from their travels are ordained , within the space of twenty dayes after their returne , to passe to the bishop , superintendent , commissioner of the kirks where they arrive and reside , and there offer to make and give a confession of their faith , or then within fourtie dayes to remove themselves forth of the realme . by the . act of the parliament . whereby the foresaids acts are ratified and approved . by the . act of the parliament . whereby it is ordained , that none of his majesties lieges and subjects presume or take upon hand to impugne the dignitie and authoritie of the three estates of this kingdome , whereby the honour and authority of the kings majesties supreme court of parliament , past all memorie of man , hath beene continued , or to seek or procure the innovation or diminution of the power and authoritie of the same three estates , or any of them in time coming under the paine of treason . by the . act of the same parliament , wherby all judgements & jurisdictions as well in spirituall as tēporall causes , in practice & custome , during these twenty foure yeares by-past not approved by his highnes and three estates in parliament , are discharged : and whereby it is defended , that none of his highnes subjects of whatsoever qualitie , estate , or function they bee of , spirituall or temporall , presume , or take upon hand to convocate , conveen , or assemble themselves together for holding of councels , conventions , or assemblies , to treat , consult , or determinate in any matter of estate , civill or ecclesiasticall ( except in the ordinary judgements ) without his majesties speciall commandment , or expresse licence had and obtained to that effect . by the . act of the said parliament authorizing bishops to try and judge ministers guilty of crimes meriting deprivation . by the . act of the same parliament , ordaining ministers exercing any office beside their calling to be tried and adjudged culpable by their ordinaries . by the . act of the parliament . whereby all acts made by his highnesse , or his most noble progenitors anent the kirk of god , and religion presently professed , are ratified . by the . act of the parliament . bearing , that our soveraigne lord and his highnesse estates in parliament , having speciall consideration of the great priviledges and immunities granted by his highnesse predecessors to the holy kirk within this realme , and to the speciall persons exercing the offices , titles , and dignities of the prelates within the same . which persons have ever represented one of the estates of this realme in all conventions of the said estates ; and that the said priviledges and freedomes have been from time to time renued and conserved in the same integritie wherein they were at any time before . so that his majestie acknowledging the same to he fallen now under his majesties most favourable protection , therefore his majesty with consent of the estates declares , that the kirk within this realme , wherein the true religion is professed , is the true and holy kirk : and that such ministers as his majestie at any time shall please to provide to the office , place , title , and dignitie of a bishop , &c. shall have vote in parliament , sicklike and al 's freely as any other ecclesiasticall prelate had at any time by-gone . and also declares , that all bishopricks vaicking , or that shall vaick , shall be only disponed to actuall preachers and ministers in the kirk , or such as shal take upon them to exerce the said functiō . by the . act of the parliament , . whereby the ancient and fundamentall policie , consisting in the maintenance of the three estates of parliament , being of late greatly impaired and almost subverted , especially by the indirect abolishing of the estate of bishops by the act of annexation : albeit it was never meaned by his majestie , nor by his estates , that the said estate of bishops , being a necessary estate of the parliament , should any wayes be suppressed ; yet by dismembring and abstracting from them of their livings being brought in contempt and povertie , the said estate of bishops is restored , and redintegrate to their ancient and accustomed honour , dignities , prerogatives , priviledges , lands , teindes , rents , as the same was in the reformed kirk , most amply and free at any time before the act of annexation ; rescinding and annulling all acts of parliament made in prejudice of the said bishops in the premisses , or any of them , with all that hath followed , or may follow thereupon , to the effect they may peaceably enjoy the honours , dignities , priviledges , and prerogatives competent to them or their estate since the reformation of religion . by the . act of the . parliament , declaring that archbishops and bishops are redintegrate to their former authority , dignitie ▪ prerogative , priviledges and jurisdictions lawfully pertaining and shall be knowne to pertain to them , &c. by the . act of the parliament . ordaining archbishops and bishops to be elected by their chapters , and no other wayes , and consecrate by the rites and order accustomed . this is the explanation , and now followeth their answer , which shall receive no reply , as being confident that there is nothing in it that hath weakened any thing contained in the five reasons . onely , where there is any new or dangerous position of theirs , or any other thing which may seeme with any shew fit to be observed , you shall finde it noted upon the margine , as it here ensues . an ansvver to the profession and declaration made by james marquesse of hamilton , his maiesties high commissioner , at edinburgh , an. . 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 . we thought fit to reconcile our selves to him again , by renewing the same covenant . and so , in obedience to his * 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 . 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 . and thereafter by persons of all ranks , in anno . by ordinance of the councell , and acts of the generall assembly , and againe subscribed by all sorts of persons in anno . 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 . of september , published at the mercat crosse of edinburgh , the . of the said moneth , 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 . should inferre any approbation of these innovations , introduced since the year . 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 . 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 . 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 onely 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 . 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 . 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 . . this declaration is onely made by his majesties commissioner , * 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 . when episcopacie was condemned ; but likewise intended to doe so : because they have distinguished and opposed betweene the religion presently professed , . mentioned in the proclamation , and the religion professed in anno . 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 . . albeit his majesty did not conceive any difference between the religion , doctrine and discipline now profest , from that which was in anno . ( 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 . 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 . 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 * contrary to the word of god , and foresaid confession in anno . . wee must distinguish between oathes , tendered by the first framers of the confession , * 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 * 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 . 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 . 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 , * 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 . 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 . 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 : 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 . * 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 . 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 . 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 . tāquam terminum ad quem : which a * 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 * 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 . 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 . 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 . 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 . . one cause of generall councels is , for constituting a good order and policie in ceremonies : which is grounded upon the last verse of the . chap. to the . 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 , . in the . chap. of the same confession of faith , all mens inventions in matters of religion are condemned ; and in the chap. ecclesiasticall discipline uprightly ministred as gods word prescribeth . matth. . . cor. . 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 . . 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 , 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 . . 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 , . when that confession was made , & in the yeare . 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 . . 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 . ratifieth the discipline of the kirk , as a privilege granted by god , whereinto the kings prerogative cannot bee prejudiciall . . 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 . . * 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 . . this kirk hath ever condemned all such as held the discipline , and policie thereof , to be indifferent and changeable ; & in particular in an. . 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 . . in the assembly . 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 same assembly desireth the kings majestie to declare before his estates , that he never intended to prejudge the same . . 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 . 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 . . 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 . 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 onely 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 onely generally and virtually , by abjuring whatsoever was abjured in the confession , . 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 . 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 . . for the second instance : it is true that when the councell was urged to subscribe the confession , . conforme to the warrands bearing ( that they should maintaine the religion now presently profest ) wee justly feared , that the same being subscribed in . would comprehend episcopacie , perth articles , and all other corruptions introduced since . 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 . and as it was then profest , for removing of that doubt . . * 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 : 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 onely 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 , * 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 . . 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 . . we doe not meddle with the kirks of england or ireland , * 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 , 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 onely 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 , . 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 . . the clause citted in the reason , is onely anent the doctrine , and not anent the discipline , which thereafter is determined and the hierarchie detested : and the discipline of the kirk sworn unto . . 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 * 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 . . 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 , . whereunto episcopacie is contrare : which god-willing may also be inacted at the next parliament , proclaimed to be holden by his majestie in may . the acts of the assembly , and the book of policie in the . and . 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 . * 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 * 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 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 , 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 . * there is annexed to this declaration a quotation of sundry acts of parliament , to prove that episcopall government was not abolished in the yeare . whereunto albeit there is no necessity of answer , seeing the meaning of the kirk of scotland in her confession of faith is onely to be sought from her self , and the registers of her assemblies , and not from the parliament , yet the same shall be specially answered in the order that they are alleadged : after these two generals are offered to the reader his consideration . . after the reformation of this kingdome , the kirk was still wrestling against all corruptions , and especially against episcopacie . but though they clearly and frequently condemned the same , yet the power of the enemies of reformation withstood them long : so that her owne policy could not be obtained ratified expresly & specifice in parliament , till the yeare of god . which abrogateth all those proceeding acts , alledged in the contrare . . that acts of parliament can no more make ecclesiasticall offices , nor give ecclesiasticall priviledges , nor the acts of assembly can establish civill offices of estate , or grant to them civill priviledges ; each judicatorie being properly confined within their owne spheres . but before the acts of parliament be particularly marked and cited , there be two reasons prefixed : the one taken from some acts of parliament . cap. . . . and cap. . par. . the other from the oath ministred to the king , at his coronation , for the act of parliament . bearing that no bishop nor other prelate in this realme , use any jurisdiction in time comming by the bishop of romes authority , it is evident hereby that episcopacy is altogether condemned , as all other prelacie was : for before that time they had no jurisdiction but from the pope : and therefore being discharged to execute that ; they are discharged by the act to execute any at all . that this is the true meaning and scope of that act is manifest : because the kirk in the book of common order , and in the first book of discipline at that same time , acknowledgeth no other ordinary office bearers appointed by christ in ecclesia constituta . but the pastor , doctour , elder and deacon : and in her assemblies at that same time , was still censuring these who were called or designed bishops by reason of their benefices , as is instructed by the acts printed before the book of discipline . and therefore in the act of councell , . made in the same yeare by these same persons , ratifying the first book of discipline , they provided only that bishops , abbots , pryors , &c. being protestants , brook their revenewes during their life-times : they sustaining ministers in the meane time . . in the yeare . which precedes that parliament , the kirk of this kingdome approved the confession of helvetia ; wherein the parity of ministers is preferred as gods ordinance warranded by his word , to episcopacy , as an humane consuetude . . because at that time the queene had restored the archbishop of s. andrews ; therefore the kirk supplicated the nobility of the kingdome , against that restitution , which they condemne as the curing of the head of the beast once wounded within this land . wherein they expresly ground themselves upon the said act of parliament being before made in the year . as a certaine abrogation of the arch-bishops authority . . in the . book of discipline chap. . the kirk useth the same act of parliament as an abrogation of the papisticall kirk , and papisticall jurisdiction , and thereby of episcopall jurisdiction and power . . the kirk thereafter in the same chapter declareth their uniformity of this meaning by urging the act of parliament , . printed amongst the black acts and renewed in the parliament holden . ( which immediately followeth the act here cited ) declaring that no other ecclesiasticall jurisdiction shall be used within this realme , but that which is and shall be in the reformed kirk and floweth therefrom : and they urge that none under the abused titles in papistry , of prelates , &c. attempt to claime the benefite of any act of parliament , having no commission of the reformed kirk within this realme . whereby our kirk declared all episcopall jurisdiction to be papisticall . which is the true meaning of the word , his hirarchie in the short confession . for their jurisdiction could flow from none other but from the pope : seeing it flows not from the kirk : but was abolished and condemned by them : as is cleare by the registers of the assembly . . the acts doe abolish all papisticall jurisdiction : and therefore all episcopall jurisdiction , because episcopall policy and jurisdiction is papisticall : as is acknowledged by many , and specially by doctor poklingtun chaplaine to the bishop of canterbury : who deduceth a continuall lineall succession from peter through the whole popes , unto the present arch bishop of canterbury : and by the quotter himselfe , who alledgeth ( albeit falsly ) that this kirk retained the papisticall policy and government . . where it is said in the reason ; that our kirk did not innovate any thing in that policy which they found in the kirk before the reformation : the same is controlled by the book of common prayer , first book of discipline , and acts of the assemblies . and for the . act . and the . act . the same doth not only not mention bishops , but declareth the true kirk to consist only of ministers of the gospell then living , and these who thereafter should rise ; agreeing with them , in doctrine and administration of the sacraments , and the people , as the members thereof , which directly excludeth bishops : against whom the doctrine and practise of this kirk , continually sounded : especially at that time . for in the government of this kirk by weekly meeting of ministers , elders , and reformed townes from the yeare . to the yeare . ( except the interim of the pretended convention at leeth . ) and from the yeare . to the year . the assemblies for the most part were imployed in abolishing the corruptions of episcopacy , and in establishing the setled policy : which was agreed upon , . in the second book of discipline . in the which acts of assembly and book of discipline is set down at large the doctrine of the kirk of scotland , anent that discipline , as grounded and well warranded in the word of god , and against episcopall jurisdiction , as an unlawfull humane invention : so that episcopacy being contrary to the doctrine of the kirk of scotland , . the bishops disagreeing from the ministers of the evangel then living , in doctrine and in the use and administration of the sacraments , are declared by the said acts to be no members of this kirk , and the same acts cited for them doe sufficiently evince that episcopacy was still condemned , notwithstanding all opposition made in the contrare . as for the kings oath , the same containeth no mention of bishops , but by the contrary , the king is obliged thereby to maintaine the true religion of jesus christ , the preaching of his holy word , and right administration of the sacraments , then received and preached within this realme . and seeing it is cleared by the preceeding relation , that bishops were never allowed , but oppugned by the kirk of scotland , that oath doth not allow , but exclude episcopacy which is also more perspicuous in the short confession . and . when the kirk set downe her constant policy in doctrine and discipline grounded upon the word of god , wherein the hierarchie is abjured as contrary thereto ; and craved an oath from his majesty for maintenance thereof , which now also our gracious soveraign in the judgement of the kirk of scotland is obliged to maintaine , as being founded upon the word of god , and exclusive of episcopacie as repugnant thereto . the acts of parliament thereafter particularly cited are these mentioned in order . the . act . ratifying all civill priviledges formerly granted to the spirituall estate , and the . act . ratifying all acts made anent the freedome , and liberty of the true kirk : the same cannot bee extended to the establishing of episcopacy because it is not mentioned in these acts , but by the contrary was abolished by the acts of the assembly and parliament , before mentioned , so that the priviledges therein mentioned , are granted to such kirk-men as then were received by the kirk and kingdome : and the freedome of the kirk must be interpret by her owne judgement : who thought ever episcopall jurisdiction an heavy bondage : and yet those priviledges can inferre no spirituall jurisdiction , but only civill priviledges ; some immunities and extemptions granted for the goods and persons of kirk-men as is cleare , . act iames . par. . and , act par. . iames . and . act par. . iames . with many others . it is here to be observed , that the carefull evolver of these acts of parliament , hath omitted to cite the . act . parliament of king iames . bearing the examination and admission of ministers , to be only in the power of the kirk , then openly and publickly profest ; and presentations to be made to superintendents , or others having commission from the kirk , and appealeth from them , to the superintendents and ministers of the province , and appealleth from these to the generall assembly : in all which gradations no mention of bishops ; but they in effect excluded by that contrare distinction of the kirk then openly profest : because they were discharged by the foresaid second act . and superintendents were then permitted like temporarie evangelists for the present necessity , declared in the first booke of discipline ad ecclesiam constituendam ; but was abrogate from . that the constant policie of ecclesia constituta began to be established . as for the acts of parliament , . and . it is knowne by the records of the time , that the regent then laboured hard to bring in arch-bishops , and bishops , who were not dead , but standing de facto provided to the power of these titulars of benefices , to fortifie his owne designes , and counter-ballance the authority of ministers , pressing the purity of reformation : and so cannot be honourably alleadged for the bishops at this time : and yet it was done not by authority , but by warrand of some ministers of his owne party conveened at leeth : and was onely done for an interim , and protested against by the next assembly ; and yet neverthelesse by the said acts of parliament , the arch-bishops , bishops , superintendents , or commissioners of dioces or provinces , are joyned together ( which is wrongously omitted in the quotation ) to show that no archbishop or bishop , quatales had any power , but only being de facto standing provided in the title , they were capable of a commission from the kirk , which sometimes they obtained , and in the book of assembly are named such as are called bishops , and were under the discipline of the kirk : and in the same superintendents possessours and titulars of prelacies , as well as arch-bishops and bishops , are ordained to be called and conveened for that effect before the generall assembly of the kirk : and yet none can say , that the offices of abbots , pryors , &c. were then retained ; howbeit the benefices were not extinct ; and few ill grant that when the arch-bishops and bishops office was in vigour , they thought themselves subject to the generall assembly : as they are by the said act which is also fraudfully omitted in the quotation . as for the acts of parliament . and . it is answered that the kirk in this meane time , from the yeare . was busied in abrogating episcopacy , and establishing the constant policie , as is cleare by the printed acts of assembly before the book of discipline , and unprinted acts of parliament : the kirk by her commissioners daily reasoning and agreeing with the kings majesty and his commissioners upon these heads of policie , whereupon the parliament , by the said . act . declareth there is none other jurisdiction ecclesiasticall to be acknowledged , but that which is in this reformed kirk , and floweth there-from , which extinguisheth episcopacy ; because it doth not flow from this reformed kirk : neither can produce its chartor from her : for besides that it was abolished by the foresaid acts . it was condemned also in the book of policie , and in the generall assembly holden at dundie , . and their whole estate spirituall , and temporall condemned in the assembly at glasgow , . and so acknowledged by his majesties commissioner in the assembly at edinburgh , . so that by this act of parliam . . the bishops are so abolished , that unlesse they be established by lawfull assemblies of the kirk , no act of parliament since sen can conduce for their establishment : seeing this act with the other acts for their abolition , standeth yet unrepealed . and farther for the act of parliament , . if the same contribute any thing , for episcopacy , it must either be because bishops are there mentioned , or for the power thereby conferred upon them : but both these are weak grounds . the first because there is no bishop there named , but such as stood provided de facto on life : which is an designation of the benefice , which was not then extinct ; and not of the office which was extinct . the power conferred upon them by the said act can give no strength to the argument : because there is no jurisdiction granted thereby to them , but only power to visit hospitalls : which the parliam . might have granted to any person : but was most proper to these idle titulars of benefices , who might best attend the same , or imploy means for their reparation . and this charge is likewise communicate by act of parliament to all chancellours of this kingdome for the time being : and as to the . act . we repeat the former answers that superintendents and commissioners are there joyned with the bishops ; to show that no power is granted unto them as bishops , but commissioners from the kirk , and the name is still used , because the benefice was not extinct , but they were knowne by that appellation . the acts of parliament . were better alledged for assemblies then bishops , for it is an expresse ratification of the former acts of abolition of bishops , and abrogation of all acts or constitutions , cannons civill or municipall contrare to the religion then presently profest within this kingdome : which is not only clearly exprest in the words : but if they were doubtsome ( as they are not ) were manifest for these reasons . first , the assembly holden at edinburgh , about the very same day , honoured with the presence of his majesties commissioner , is acknowledged by him to have condemned episcopacy whereunto temporall jurisdiction is annexed : and the assembly declaring that function to be against the word of god and acts of the kirk , thereupon did supplicat the parliament , that they should make no acts repugnant to the word of god , especially concerning bishops . secondly , the king and estates by that act ratifieth all acts made for maintainance of the liberty of the true kirk of god , presently professed within this realme and purity thereof : which present profession can be no other , then that which was received by the kirk and assembly then presently sitting so near the parliament at edinburgh , which had approven the presbyteriall government , condemned the episcopall , and ratified the short confession simul & semel , wherein the estates had sworn to the presbyteriall and abjured episcopall government . thirdly , this ratification of the former acts of parliament must bee interpreted , according to the words thereof , to be in all points , which are not prejudiciall to that purity of religion and liberty of the kirk presently professed within this realm . and at this time the whole estates had subscribed the short confession and so sworn to the discipline , set down in the book of discipline , which by this act is ratified in the first place , before any speciall enumeration of particular acts . fourthly , it hath beene formerly showne that in the preceeding acts of parliament where arch-bishops or bishops are named , the same hath beene by reason of their benefice , and not their office : which the parliament could not give them being abrogate by assembly : or having intended really to give them any place , would not have joyned superintendents and other commissioners with them : or otherwise they are named as having equall power with the superintendents and other commissioners , as in the convention at leeth ; and conforme to the time , especially . and . wherein some titulars or possessors of prelacies , so called in the . act of the parliament . had a commission from the kirk like unto superintendents , which was not fully abrogate untill . but all this was without prejudice of the kirk her liberty , to recall her own commission from these who were provided to prelacies ; and to condemne their episcopall offices , whereunto they ascrived the power ; which they really had by their commission : as the kirk did upon good reasons abrogate the office of superintendents without impunging of the saids acts of parliament ( which were never rescinded till . ) whereby it is evident , that though this act of parliament . ratifie the former acts wherein arch bishops , bishops , superintendents , or other commissioners of the kirk are named , yet seeing the said acts are alternative conceived , the vigour and efficacy thereof subsists by this ratification in the last alternative ; viz. commissioners from the kirk , dyoces or province : seeing the remanent were formerly condemned : especially by this assembly of edinburgh holden the time of the parliament . fifthly , this ratification . of the former acts made in favours of the true religion repeating only the titles of these acts and not themselves , cannot import any corroboration of the offices under the titles mentioned in these former acts : because this ratification , can only be extended to the matter , and not to the designation of the persons , exprest in the former acts , which is only personall and circumstantiall , as for instance , this act . could not confer any power or employment upon superintendents : because that office was then abrogate ; and out of the kirk . but the true meaning of the act is ; that ratifying the substance and matter in favours of the kirk and religion , it doth intrust the execution to these whom the kirk shall lawfully authorize with commission for that end , which is more manifest in the . act par. . . wherein this act . and all the acts therein contained are ratified quoad materiam : and yet all arch-bishops and commissioners are discharged and all ecclesiasticall matters subjected to presbyteries . sixthly , it cannot probably agree with reason that by this ratification the parliament , above their power would endevoure to establish in the kirk any function so recently condemned of before by the assemblies at dundie . and at glasgow and edinburgh , . immediately before this parliament . the acts of parliament . are of severall natures . but they were protested against , by the ministers of edinburgh in the name of the kirk of scotland , at the mercate crosse of edinburgh , when they were proclamed and as they were made in that time which was called the houre of darknesse in this kirk , tirrannized by the earle of arran , so are they expresly repealed . cap. . anent the act of parliament . for the three estates , and so furth . to answer : primo , that the kirk from the yeare of god , . that the confession was subscribed , unto the year . all this time was by continuall acts condemning the office of bishops , their spirituall , their temporall , their whole estate , their confusion of civill and ecclesiasticall jurisdiction , and craving in councell and parliament the dissolution of prelacies and the erection of presbyteries . . de facto the former bishops being continually processed and sentenced by the kirk , these who presumed to usurp that office condemned by the kirk , namely mr. patrick adamson , and mr. robert mountgomrie in the yeare . . . they were deprived and excommunicate by this kirk before the parliament , . . de facto no ecclesiasticall bishop voted in parliament but mountgomry and adamson , who were taken in by the earle of arran , unto the parliament holden in may at edinburgh . wherein the three estates ratifieth the honour and dignity of the three estates , so that as these two bishops cannot be called the third estate which doth ratifie , so the estate of bishops , cannot be called the third estate , which is ratified : especially seeing by that same parliament in the . act . bishops of the diocie are but nominate the kings commissioners . and in the last act of that same parliament , printed of old in black letter , there is set downe the kings commission granted to the said pretended bishop adamson . . from . till the yeare . the quoter doth not eite nor can cite any act of parliament expresly nominating any ecclesiasticall bishop , but that in the . wherein he is named as one amongst other the kings commissioners , whereof some were meere secular persons . . it is cleare by the first act of the ninth parliament . and the eleventh act of the . parliament . that bishopricks , prelacies , abbacies , priories , nunries , were then thought to be alike in the kings hands , were granted to whatsoever persons being his subjects , albeit they brooked no office in the kirk : so that some of these lordships and baronies were erected before . and excluded from the annexation . . as the kirk had ever been craving the dissolution of prelacies , and condemning the temporall as well as the spirituall estate of bishops , by their act of the assembly . and by their censure of the presbyterie of striviling for admitting montgomrie to the temporality of the bishoprick of glasgow , and censure of mountgomrie for aspyring thereto , contrare to the word of god and acts of the kirk in the assembly . iuni. so in the . parl. of king iames the sixt . of iuly . . act . the three estates of parliament annexeth to the crown , all lordships and barronies pertaining to whatsoever , archbishops , or bishops , abbots , pryors , nunnes , and munkes : reserving alwayes to archbishops , bishops , abbots , pryors , pryoresses , commendators , and others possessours of great benefices of the estate of prelates , and which before had or hath vote in parliament , the principall castles and fortalices : whereby it is cleare , that the stylus curiae naming three estates did no wayes include ministers being bishops : seeing no ecclesiasticall bishops , sate in that parliament , nor could sit : because the only two bishops of the time adamson and montgomery , were before deprived and excommunicat , and certainly they neither would nor could have sitten as an estate in parliament to abrogate their owne estate and lordships , and temporall land , whereupon that act acknowledgeth any right they had , did depend . . it is cleare that archbishops or bishops , abbots , pryors , &c. all alike voted in parliament of old , not by reason of their ecclesiasticall office , but by reason of their great benefices and lordships : which here is said to have had vote in parliament : for that cannot be relative to the persons , as unto pryoresses : but unto the benefices . so that ministers voted not as ministers in name of the kirk , but as possessours of these great benefices or baronies : and others who were not ecclesiasticall persons being titulars , and possessours of these great benefices both communi styl● were called bishops , abbots , &c. by vertue of the benefice without any office , in the rolls of parliament , and in the act of assembly . the bishoprick of cathnes is said to vaike by decease of robert earle of march , the kings uncle : and the assembly in their letter to the king declareth , to be against the word of god and acts of the kirk , to present and admit any minister to that bishoprick , as also some of these titulars , and possessours of the benefices , albeit they had no ecclesiasticall office , did some times ryde and vote in parliament . . it is cleare that the three estates by taking away from archbishops , and bishops , their lordships barronies , and temporall lands , they took away their vote in parliament , which doth not subsist , but in and by the benefice , and therefore ecclesiasticall persons separat to the gospel for want of their great benefices , had no vote in parliament , till the . ( albeit all the interveened acts are made by the three estates , ) wherein the kings majesty restoreth ministers to the titles and dignities of prelacies , which showeth that before they were disponed to others then ministers ; and provideth that ministers presented to these titles and dignities , and to the benefice of bishopricks , shall have vote in parliament ; which sheweth that the benefice and not the office giveth right to vote in parliament , like as the very act of parliament . acknowledgeth , that by the act of annexation of the temporality of benefice to the crown . the estate of bishops were indirectly abolished ; and therefore they behoved to rescind the act of annexation anent the benefice , and restore them to these titles and dignities , before ministers could vote in parliament , but these acts also are hereafter answered . . but as for . act . no bishop is therein mentioned ; and yet it is adduced for bishops , because the three estates are therein named , under one of which the prelate claimeth to be comprehended , but why more he then abbots , and pry●rs formerly abolished , as well as episcopacy ? why more by that act , then many former made when bishops neither rode , sate , nor voted in parliament ; but were expugned out of this kirk , and yet the acts were all made by the three estates , which albeit it needeth none other demonstration then that it is stylus curiae , carefully observed in this kingdome ; yet the truth is , that the nobility , barrons , and burrows were the three estates of this kingdome , many hundred yeares after christianity , before any bishops was in this kingdome , as is observed by buchanan and boetius , and acknowledged by lesly in his chronicles ; and after the bishops were abrogate expresly the three estates of parliament did continue , and make all acts of parliament . yea , after the . where bishops were discharged , for if bishops were an estate , there behoved to be foure estates of parliament ; as there are so many named in the commission granted by king james , and king charles , viz. the clargie , nobility , barons , and borrows , and that as ecclesiasticall persons separate to the gospel , since the reformation , were never warranted to voice in parliament , while . so on the other part , the barons are , and have beene , as an estate of parliament in uncontravered possession of voting in parliament , conforme to the . act parl. . king iames the first , renewed again in the parliament . and . act . wherein precepts of the chancelary are ordained to be directed to the barons as unto an estate of parliament : even as they shall be direct unto other estates , to wit , the nobilitie and borrows ; which in that act is mentioned . so in this same act of parliament ( which in the narrative relateth the bygone great decay of the ecclesiasticall estate ) there are exprest three compleat estates in parliament , the nobility , barrons , and borrows . and as in law the three estates are intire without bishops or ministers voters in parliament , so also , it is most expedient , and necessar for the liberty of the kirk , honour of the king , and peace of this kingdome : that no ministers vote in parliament , as is more clearly and largely proved in the reasons of the protestation , given into parliament against the same , . and in the act of this assembly against civill places of kirk-men . as for the . act . no bishop is therein mentioned to get any benefite thereby , and far lesse can the same reach to the prejudice of the late assembly , which was indicted by his majesty , and is an ordinare judicatory allowed by the lawes of god and man : like as it is answered in our protestation , more largely . and for the . and . act of the said parliament . there is no ecclesiasticall priviledge or authority thereby granted to bishops as bishops ; but only a power of cognition : wherein the parliament hath joyned others the kings commissioners with them , only as the kings commissioners : and granted the same unto seculare persons with them : but the king could never provide them to the office and jurisdiction of bishops , which was abolished by many acts of parliament and assemblies before written . the . act . worketh directly against bishops : being a generall ratification of all acts formerly made anent the religion presently profest in this kingdome : which must include the acts abolishing episcopacy ; but especially , seeing in the same parliament . temporall livings are taken from the bishops , as well as the office was . and the same act undoubtedly was granted in the same meaning , wherein the kirk did crave it ; who that same yeare had often condemned episcopall government , as contraire to gods word , and the liberty of the kirk , and approved presbyteriall government , as flowing from the pure fountaine of gods word . it falleth in here to be remarked that the act . anno . is never alleadged : and that because it not only revocks in particular the foresaid acts . but in generall all other acts contrary to that discipline then established , and in particulare , the assemblies , presbyteries and synods ▪ with the discipline and jurisdiction of this kirk , are ratified and established , as most just and godly , notwithstanding whatsoever statutes , acts , cannons , civill or municipall lawes made in the contrare : whereunto his majesties prerogative is declared to be no wayes prejudiciall . further the said act abrogates all acts granting commission to bishops , and other judges constitute in ecclesiasticall causes ; and ordaineth presentation to benefices to be direct to presbyteries , with power to give collation thereupon : and so containeth a ratification of the heads of policy set downe in the second book of discipline . which act is renewed act . anno . and the power of presbyteries acknowledged . act . and was never rescinded expresly in totum ; but only in part by the ratification of the act of glasgow . which now cannot be respected ; but falleth ex consequenti : seeing that assembly of glasgow is now upon just and infallible reasons declared to have been null ab initio : and so this act of parliament , wisely omitted by the collecter to the cōmissioners grace might serve alone , without our preceeding speciall answers , for clearing the whole preceeding acts . the . act . granteth the priviledge of a voyce in parliament to the whole kirk ; and under that name to abbots , or other persons provided to prelacies , as well as bishops : even as in time of papistry . so as sir robert spottiswood , abbot of new-abbay road thereafter in parliament : which was both unwarrantable and unusuall . which doth nothing contribute for the bishops advantage , because albeit the benefice was not extinct , yet neither the king nor the parliament might give them the office so oft condemned by this kirk : which is also acknowledged in the same act ; because after the granting to them of the said voyce , the parliament remitteth them to the king and the assembly , concerning their office in their spirituall policy and government in the kirk . . the said act beareth expresly to be but prejudice of the jurisdiction and discipline of the kirk , established by acts of parliament made in any time preceeding , and permitted by the said acts to all provinciall and generall assemblies , and other whatsoever presbyteries and sessions of the kirk : and so the same cannot derogate from the former acts ratifying the present discipline of the kirk , especially the said act . nor yet from the acts of the assembly abjuring episcopacy . . the priviledge is granted upon condition they be actuall pastors and ministers . and so we referre to the world and themselves , if with good consciences they may claime the benefice of that act . . that priviledge was obtruded , and pretended to be introduced in favours of the kirk : who may and hath renounced the same , as being incompatible with their spirituall function : as the act of the assembly at more length beareth , upon undeniable reasons . . when voyce in parliament was first plausible obtruded upon the kirk , it was neither proponed nor tolerated in other tearmes then that onely such should have vote in parliament , as had commissiom from the kirk . so that not as bishops , but as ministers , commissioners from the kirk , they had vote in parliament . like as the assembly at montrose , . being so hardly prest by authority , that they could not get it altogether refused ( albeit in their conference at haly-rud-house , . they proponed unanswerable reasons against this , and all other civill places of pastours ) set downe cautions , binding the ministers voters in parliament , to bee insert in the act of parliament subsequent : which was omitted notwithstanding of the bishops oath and duty in the contrare ; for the breach whereof they are now most justly censured . . the ratificatory acts of the priviledges of the kirk and discipline thereof then profest , are not thereby abrogate , but notwithstanding thereof must stand in force , because it is ever understood , and frequently provided in parliament , that all acts thereof are made salvo jure cujuslibe● ; far more salvo jure ecclesiae & sponsae christi , when she is robbed of her right without audience : especially seeing her right , is usually ratified in the first act of every parliament . . albeit it were granted , that by this act of parliament , or any whatsoever the prelates had voice in parliament , yet that doth not exeime them from ecclesiastick censure , nor forefault the kirks right , whereby she may condemne them for their transgressions : as now this assembly most justly hath done , for by their own caveats , whosoever is ecclesiastically censured by presbyteries and provinciall assemblies , ipso facto loseth his benefice and vote in parliament . . further the bishops in their declinatour professe they never had commission from this kirk to voice for her in parliament , according to the cautions set down in the assembly at montrose : for the which cautions that assembly was never challenged , as trenching upon the third estate . the act of parliament . is coincident with the nature of the preceeding acts , for albeit the king and parliament might have reponed them to their rents , teends , lands , &c. which were annexed to the crown ; yea , might have disponed to them any part of the patrimony of the crown , if lordly titles and civill places in the persons of pastors separat to the gospel , had been lawfull , yet could not give them the spirituall office , and jurisdiction spirituall , which was abolished and abjured by many preceeding acts of assembly and parliament forecited . et quod illud tantum agebatur , is evident by the whole straine of the act , reponing them , for remeed of their contempt and poverty to their dignities , priviledges , livings , rents , lands , and teinds : and this alwayes limited , as was competent to them , since the reformation of religion in the reformed kirk : from which time their office and jurisdiction spirituall was alwayes extinct . which is evidently acknowledged in the act of parliament . and expresly in the act of parliament . granting voice in parliament to ministers . which albeit it was the first step to episcopacy , yet the parliament thereby hath remitted the office of bishops in their spiritual policy and government ( as not pertaining to their civill place and jurisdiction ) to the king and the generall assembly of ministers , as properly belonging to them , but prejudice alwayes of the jurisdiction and discipline of the kirk , permitted by many acts of parliament , ( whereof that . forecited is one ) to generall provinciall assemblies , presbyteries and sessions of the kirk , which were never prejudged neither by the act . nor by the act . albeit corruption was then fast advancing ; till the yeare . at which time first , and never before , the king and estates had taken the advice of the pretended assembly at glasgow , anent their office and spirituall jurisdiction formerly remitted to them ; as is cleare in the act of parliament . relative to that remit in the parliament . which for that cause is also omitted by the quotter . like as also the act of parliament . restoreth them only to temporall jurisdiction , and priviledges , lawfully pertaining to them and flowing from his majesty , as any other ordinare jurisdiction doth ; with reservation of the kings supremacy and prerogative therein ; which can no wayes comprehend their ecclesiasticall office , because the same is not a temporall jurisdiction , neither did lawfully pertaine to them , but by the law of god , and acts of this kirk after reformation ; and by the act . was abrogat and taken from them ; and the ecclesiasticall power established in presbyteries . so that if it be an ecclesiasticall office , it cannot flow from the king , who cannot make a minister , doctor , elder or deacon in the kirk ; albeit hee may present a minister made by the king of kings to the kirk ; neither can the parliament institute originally any ecclesiasticall office in the kirk , as is before said . further the intended scope of that act is only the restitution of commissariats and temporal jurisdiction flowing from his majesty ; as is cleare by the act it selfe , bearing that they shall brooke all priviledges and jurisdictions granted to them by his majesty , and redintegrates them to their former authority and jurisdiction , lawfully pertaining to them , alwayes flowing from his majesty ( from whom only temporall jurisdiction doth flow ) which is only the jurisdiction of commissers in temporall causes , and no waies any spirituall jurisdiction competent ratione officii : which by gods word and the lawes of the kingdome was abjured in them , and established in assemblies , presbyteries , &c. as is many times before repeated . but to convince them further it is not or that both , and . they road in parliament , and by their own voices and the iniquity of the time , made the said acts without inserting the cautions made at montrose , without any commission from the kirk , contraire to the said cautions and their owne oath given for observance thereof , against which the kirk of scotland did protest solemnly , clearing unanswerably , not only the unlawfullnesse of their ecclesiastick episcopall function ; but also of the civill places in persons of pastors , from gods word , our confession of faith , . acts of this kirk and kingdome ; but this protestation being rejected by them was printed to the view of the world . and as for the act of the parliament . it cannot set down consecration to the office , without a preceeding act of the kirk : which is not alleadged : but by the contraire , the kirk , had before condemned that office , and did particularly protest against that act of parliament . moreover this act is builded upon the supposed ground of glasgow assembly . which for infallible reasons is now annulled : and so not only this act . but all after acts , ratifying the same , fall ex consequenti ; both by the light of reason , law and practise of this kingdome . for when the principall act or right ratified doth fall , the subsequent ratification falleth eo ipso : especially in this case , when civill laws in ecclesiasticall matters , cannot be made originally , nor subsist after the abolition of the ecclesiasticall constitutions , which they ordaine under civill sanction to be obeyed : and yet being once annulled they cannot be obeyed . and further even that corrupt assembly of glasgow . which is now declared to have been null ab initio , did never restore the office of a diocesian bishop before condemned in this kirk ; but did too far enlarge and extend the power of these who were provided to the benefice of bishops ; and yet alwayes under cautions and limitations sworn unto : which they never observed ; and upon condition of their subjection for censure to yearly generall assemblies : which they have not keeped , but impeded , and so they ought not to clame the benefice of these acts of parliament concluded by their own voyces , and protested against by the kirk of scotland and violated by themselves . and last , for answer to all acts of parliament whatsoever , let the christian reader consider , if , as the assembly lately conveened by his majesties indiction in the name of jesus christ , should judge ( and hath proceeded ) by the word of god alone ; and not by acts of parliament : so we are obliged by our oath made to god , to return to the doctrine and discipline of this kirk . and renounce all subsequent acts contrary thereunto , and prejudiciall to the purity of reformation and the kirk ▪ in whose favours any pretended priviledges is granted , and that out of experience of reall prejudice , and the pungent sins of our oath and danger of perjury ; under which this kingdome lyeth : for the which we ardently deprecate gods wrath , and beg mercy to every one of us who are guilty ; and must still continue our earnest and humble supplications to his majesty for redresse ; as we shall do our petitions to god , for preserving the sacred person of our dread soveraign , and perpetuating his reigne and his royall posterity over this land so long as the world endureth . revised according to the ordinance of the generall assembly , by mee mr. a. ihonston clerk thereto . edinb . . of feb. . because the reader shall not need to doubt of the vanity of all these exceptions against the acts of parliament here cited , and of the impertinency of their citations of some acts of parliament to the contrary : wee shall demonstrate to the reader , that when this confession of faith was first framed , and injoyned to be subscribed ; episcopall government was then in force and strength , which doth appeare by the most unquestionable and irrefragable record of that kingdom , viz. the bookes and rolls of parliament . and therefore wee have here caused to be inserted out of the sederunt rolls of parliament , the names of such bishops as sate in parliament , and represented the third estate since the reformation , beginning no higher then the yeare . in which the reader must note that the abbots were secular men who had got the abbey-lands , but yet retained their names and places in parliament . parliament . octob. . sederunt pro clero archb. s. andrews . sederunt pro clero glasgow . sederunt pro clero dunkell . sederunt pro clero murray . sederunt pro clero orknay . sederunt pro clero brechin . sederunt pro clero abbots . parliament penult . octob. . sederunt pro clero archb. s. andrews . sederunt pro clero brechin . sederunt pro clero orknay . sederunt pro clero abbots . parliament . octob. . sederunt pro clero archb. s. andrews . sederunt pro clero dunkell . sederunt pro clero aberdene . sederunt pro clero brechin . sederunt pro clero orknay . sederunt pro clero dumblane . sederunt pro clero argyl . sederunt pro clero iles. sederunt pro clero abbots . parliament . may . sederunt pro clero archb. s. andrews . sederunt pro clero dunkel . sederunt pro clero brechin . sederunt pro clero orknay . sederunt pro clero abbots . parliament . august . sederunt pro clero archb. s. andrews . sederunt pro clero dunkel . sederunt pro clero brechin . sederunt pro clero aberdene . sederunt pro clero abbots . . parliament . decemb. . sederunt pro clero arch● . s. andrews . sederunt pro clero dunkel . sederunt pro clero brechin . sederunt pro clero orknay . sederunt pro clero abbots . . parliament . july . sederunt pro clero archb. s. andrews . sederunt pro clero aberdene . sederunt pro clero dunkell . sederunt pro clero orknay . sederunt pro clero brechin . sederunt pro clero abbots . parliament . aprill . sederunt pro clero orknay . sederunt pro clero dunkell . sederunt pro clero abbots . parliament . aprill . sederunt pro clero aberdene . sederunt pro clero brechin . sederunt pro clero abbots . parliament . aprill . sederunt pro clero dunkell . sederunt pro clero aberdene . sederunt pro clero brechin . sederunt pro clero abbots . parliament . novemb. . sederunt pro clero — abbots . parliament . novem. . sederunt pro clero dunkell . sederunt pro clero brechin . sederunt pro clero abbots . parliament . aprill . sederunt pro clero glasgow . sederunt pro clero dunkell . sederunt pro clero rosse . sederunt pro clero brechin . sederunt pro clero caithnes . sederunt pro clero abbots . parliament . july . sederunt pro clero s. andrewes . sederunt pro clero glasgow . sederunt pro clero dunkell . sederunt pro clero rosse . sederunt pro clero galloway . sederunt pro clero orknay . sederunt pro clero abbots . sederunt pro clero priors . parliament . august . sederunt pro clero st. andrewes . sederunt pro clero glasgow . sederunt pro clero murray . sederunt pro clero brechin . sederunt pro clero caithnes . sederunt pro clero orknay . sederunt pro clero abbots . about this time our commissioner resolved to aske our leave for his returne to us , seeing there was no good to bee expected from our faire and gracious proceedings with them of the pretended assembly , and wrote unto us accordingly . when he had received our leave for his returne , hee hearing of the great stirres which were now raised at edinburgh , and the strong and great guards which were since his leaving of glasgow put upon our castle there , repaired thither to our palace at holy-rood-house , where he found the people of that citie horribly abused by the mis-reports of all the passages of the assembly , whilst he continued at glasgow ; especially with a false information that we had there made good nothing of all which was contained in our last gracious declaration made at edinburgh the . of september last past : herewith hee made us presently acquainted , which moved us by a very speedie dispatch to command him by our proclamation to make known to all our subjects at edinburgh , the summe of his whole proceedings at glasgow ; which our commissioner presently performed , by causing this our ensuing proclamation to bee published at the market crosse of that our citie . charles r. charles by the grace of god , king of scotland , england , france , and ireland , defender of the faith. to our lovits maissars , heraulds , pursevants , our sheriffes in that part conjunctly and severally specially constitute , greeting . whereas for the removing of the disorders which had happened of late within this our kingdome , and for setling of a prefect peace in the church and common-wealth thereof , we were pleased to cause indict a free generall assembly , to be holden at glasgow the one and twentieth of november last : and for our subjects their better content and assurance that they should bee freed of all such things as by their petitions and supplications given in to the lords of our privie councell , they seemed to be grieved at , we in some sort preveened the assembly , by discharging by our proclamation the service book , booke of canons , and high commission , freed and liberate our subjects from the practising of the five articles , eximed all ministers at their entry from giving any other oath then that which is contained in the act of parliament , made all persons both ecclesiasticall & civill lyable to the censure of parliament , generall assembly , or any other judicatorie competent , according to the nature of their offence : had declared all by-gone disorders absolutely forgotten and forgiven : and last , for securing to all posteritie the truth and liberty of religion , did command the confession of faith , and band for maintenance thereof , and of authoritie in defence of the same , subscribed by our deare father , and his houshold in anno . to be renewed and subscribed againe by our subjects here : and albeit that this our gracious and pious command , in stead of obedience and submission , rancountred open and publicke opposition and protestation against the same : and that they continued their daily and hourely guarding and watching our castle of edinburgh , suffering nothing to be imported therein , but at their discretion , stopping and impeding , any importation of ammunition , or other necessaries whatsoever to any of our houses within this kingdome : denying to us their soveraigne lord that libertie and freedome , which the meanest of them assume to themselves ( an act without precedent or example in the christian world . ) like as they spared not boldly and openly to continue their conventions and councell tables of nobility , gentrie , ministers and burgesses within the citie of edinburgh , where , not regarding the laws of the kingdome , without warrant of authority , they conveened , assembled , and treated upon matters , as well ecclesiasticall as civill , sent their injunctions and directions throughout the countrey to their subordinate tables , and other under ministers appointed by them for that effect . and under colour and pretext of religion , exercing an unwarranted libertie , required obedience to their unlawfull and illegall directions , to the seen prejudice of authority , and lawfull monarchicall government . and notwithstanding it was evidently manifest by the illegall and unformall course taken in the election of the commissioners for the assembly , whereof some of them were under the censure of this church , some under the censure of the church of ireland , some long since banished for open and avowed teaching against monarchie , others of them suspended , and some admitted to the ministerie contrary to the forme prescribed by the lawes of this kingdome ; others of them rebells , and at the horne , some of them confined , and all of them by oath and subscription bound to the overthrow of episcopall government . and by this and other their under-hand working , and private informations and perswasions , have given just ground of suspicion of their partialitie , and so made themselves unfit judges of what concerneth episcopacie . and al 's albeit it was sufficiently cleared by the peremptory and illegall procedures of the presbyteries , who at their owne hand by order of law , and without due forme of processe , thrust out moderatours lawfully established , and placed others whom they found most inclinable to their turbulent humours , associate to themseves , for chusing of the commissioners to the assembly , a laick-elder out of each parish , who being in most places equall , if not moe in number then the ministerie , made choice both of the ministers , who should be commissioners from the presbyteries , as also of a laick-elder , ( which in time will prove to be of a dangerous consequence , and import a heavie burthen to the libertie of church and church-men ) being more directed therein by the warrants of the foresaid pretended tables , then by their owne judgements ; as appeared by the severall instructions sent from them ( farre contrary to the lawes of this country , and lowable custome of this church ) some whereof were produced and exhibit by our commissioner , and publikly read : one whereof , direct to the noblemen and barons of each presbyterie , doth among many other odde passages , require diligence , lest ( say they ) by our owne sillinesse and treacherie wee lose so faire an occasion of our libertie both christian and civill ; a strange phrase to proceed from dutifull or loyall hearted subjects . the other to the moderatours of the severall presbyteries , under the title of private instructions , august . first , containeth that these private instructions shall be discovered to none , but to brethren well affected to the cause : secondly , order must be taken , that none be chosen ruling elders but covenanters , and those well affected to the businesse : thirdly , that where the minister is not well affected , the ruling elder be chosen by the commissioners of the shire , and spoken to particularly for that effect : fourthly , that they be carefull that no chappelmen , chaptermen , or minister justice of peace , be chosen , although covenanters , except they have publikly renounced , or declared the unlawfulnesse of their places : fifthly , that the ruling elders come from every church , in equall number with the ministers ; and if the minister oppose , to put themselves in possession , notwithstanding of any opposition : sixthly , that the commissioner of the shire cause conveen before him the ruling elder of every kirk chosen before the day of the election , and enjoyne them upon their oath , that they give vote to none but to those who are named already at the meeting at edinburgh : seventhly , that where there is a nobleman in the bounds of the presbyterie , he be chosen , and where there is none , there be chosen a baron , or one of the best quality , and he onely a covenanter : eighthly , that the ablest man in every presbyterie be provided to dispute de potestate supremi magistratus in ecclesiasticis , praesertim in convocandis conciliis , &c. whereby it is most evident what prelimitations , indirect and partiall courses , and dangerous propositions have beene used in the preparations and elections to this pretended assembly . by which unlawfull doings , although wee had sufficient reason to have discharged the meeting of the said assembly , yet we were pleased patiently to attend the same , still hoping that when they were met together by the presence of our commissioner , and assistance of some well affected subjects , who were to be there , and by their own seeing the real performance of what was promised by our proclamation , they should have bin induced to return to the due obedience of subjects . but when we perceived that their turbulent dispositions did increase , as was manifest by their repairing to the said pretended assembly with great troups and bands of men , all boddin in fear of war , with guns , & pistolets , contrary to the lawes of this kingdome , and in high contempt of our proclamation at edinburgh the . day of novemb. last : and also by the peremptory refusing to the assessors , authorized by us ( although fewer in number then our dearest father was in use to have ) the power of voting in this assembly , as formerly they had done in all others , openly averring that we , nor our commissioner , had no further power there then the meanest commissioner of their number : & by their partial and unjust refusing , & not suffering to be read the reasons & arguments given in by the bishops , & their adherents to our commissioner , why they ought not to proceed to the election of a moderatour , neither yet to the trying and admitting of the commissioners , before they were heard , though in our name they were earnestly required thereto by our commissioner : and notwithstanding that our commissioner by warrant from us gave in under his hand a sufficient declaration of all that was contained in our late proclamation , bearing likewayes our pleasure of the registration of the same in the books of assembly , for all assurance of the truth and puritie of religion to all our good subjects , as doth clearly appear by the declaration it self ; wherof the tenor follows . the kings majesty being informed that many of his good subjects have apprehended that by the introducing of the service book , and booke of canons , the inbringing of superstition hath been intended , hath been graciously pleased to discharge , like as by these he doth discharge the service booke , and booke of canons , and the practice of them , and either of them , and annulls and rescinds all acts of councell , proclamations , and other acts and deeds whatsoever , that have beene made or published for establishing them , or either of them , and declares the same to be null , and to have no force nor effect in time comming . the kings majestie , as he conceived , for the ease and benefit of the subject , established the high commission , that thereby justice might be administrate and the faults and errours of such persons as are made lyable thereto , taken order with , and punished with the more conveniencie , and lesse trouble to the people . but finding his gracious intention therein to be mistaken , hath beene pleased to discharge , like as by these hee doth discharge the same , and all acts and deeds whatsoever made for establishing thereof . and the kings majesty being informed , that the urging of the five articles of perth assembly hath bred distraction in the church and state , hath been graciously pleased to take the same into his royall consideration , and , for the quiet and peace of this countrey , hath not onely dispensed with the practice of the saids articles , but also discharged all and whatsoever persons from urging the practice thereof , upon either laicke or ecclesiasticall person whatsoever , and hath freed all his subjects from all censure and paines whether ecclesiasticall or secular , for not urging , practising , or obeying them , or any of them , notwithstanding of any thing contained in the acts of parliament , or generall assembly in the contrary . and his maiesty is further contented , that the assembly take the same so farre to their consideration , as to represent it to the next parliament , there to be ratified as the estates shall finde fitting . and because it hath been pretended , that oaths have been administrate different from that which is set downe in the acts of parliament , his maiesty is pleased to declare by me , that no other oath shall be required of any minister at his entry , nor that which is set downe in the act of parliament . and that it may appeare how carefull his maiesty is that no corruption nor innovation shall creepe into this church , neither yet any scandall , vice , or fault of any person whatsoever , censurable or punishable by the assembly ; goe along unpunished , his maiestie is content to declare by me , and assure all his good people , that generall assemblies shall be kept so oft , and al 's oft as the affaires of this church shall require . and that none of his good subiects may have cause of grievances against the proceedings of the prelates , his maiesty is content that all and every one of the present bishops , and their successors , shall bee answerable , and accordingly from time to time censurable , according to their merits by the generall assembly . and to give all his majesties good people full assurance , that hee never intended to admit any alteration or change in the true religion profest within this kingdome , and that they may be truely and fully satisfied of the reality of his intentions and integrity of the same , his majestie hath been pleased to require and command all his good subjects to subscribe the confession of faith , and band for maintenance thereof , and of his majesties person and authority , formerly signed by his dear father , in ann . . and now also requireth all these of this present assembly to subscribe the same . and it is his majesties will , that this be insert and registrate in the books of assembly , as a testimony to posteritie , not onely of the sincerity of his intentions to the said true religion , but also of his resolutions to maintain and defend the same , and his subjects in the profession thereof . which declaration was by our speciall command and direction given in , and subscribed by our commissioner , upon protestation made by him , that his assenting to the registration hereof , should be no approbation of the lawfulnesse of this assembly , nor of any of the acts or deeds done , or to be done therein . and finding them in like sort no wayes to be satisfied therewith , and that nothing else was able to give them contentment , except at their owne pleasure they were permitted to overthrow all episcopall government in the church , and thereby to abrogate our publike lawes standing in vigour by the space of many yeares by-gone , and to alter the fundamentall government of this kingdom , in taking away one of the three estates , contrary to expresse acts of parliament : and lest the continuance of their meetings might have produced other the like dangerous acts so derogatory to royall authority , we were forced for preveening thereof , and for the reasons and causes above-mentioned , and divers others importing true monarchicall government , to dissolve and breake up the said pretended assembly , and to discharge them of all farther meeting , treating and concluding any thing therein . and yet in that calme and peaceable way , as our commissioner before his removing desired their pretended moderator for that time to have said prayer , and so concluded that dayes session , that so they might have had time to thinke upon the just reasons of his refusing to assist , or be any longer present at the said pretended assembly , & of the causes moving us to the dissolving thereof : and notwithstanding his earnest urging the same , and being willing to returne the next morning to heare their answer ; in place of all other satisfaction to his so reasonable and moderate desires , it was refused , and met with a protestation of an high and extraordinary straine , thereby presuming to cyte and call our councell in question , for their dutifull assistance and obedience to us and our commissioner . and finding their disobedience thus to increase , we were constrained to discharge them of new againe the next day thereafter , by publike proclamation , under the paine of treason . and albeit that their contumacie is such as hath not been heard of in former times , yet they shall never move us to alter the least point or article of that we have already declared by proclamation , or declaration under our commissioners hand : all which was publikely read , and by our commissioner required to be insert and registrate in the books of assembly , therein to remain as a testimonie to posterity , not onely of the sinceritie of our intentions to the true religion , but also of our resolution , to maintaine and defend the same , and our subjects in the profession thereof : and perceiving likewise that in contempt of our proclamation at glasgow the . of november they goe still on to conveene , meet , and to make illegall and unwarrantable acts , we have conceived it fitting to forewarne all our good subjects of the danger that they may incurre by being insnared by these their unlawfull procedures . and to this purpose doe not onely liberate and free them from all obedience to any of the pretended acts , made , or to be made at the said pretended assembly , or committees direct therefrom , but do also free them from all pain and censure which the said pretended assembly shall inflict upon them , or any of them . and therefore doe discharge and prohibit all our subjects , that they nor none of them acknowledge nor give obedience to any pretended acts nor constitutions made or to bee made at the said pretended meetings , under all highest paines . and we command , charge , and inhibite all presbyteries , sessions of kirkes , ministers within this realme , that none of them presume nor take upon hand privately nor publikely in their sessions and meetings , nor in their conferences , sermons , nor no other manner of way , to authorize , approve , justifie , or allow the said unlawfull meeting or assembly at glasgow : neither yet to make any act thereupon , nor to do any other thing private or publike , which may seeme to countenance the said unlawfull assemblie , under the paine to bee repute , holden and esteemed and pursued as guiltie of their unlawfull meeting , and to bee punished therefore with all rigour : and siclike wee command all and sundrie noblemen , barons , gentlemen , magistrates , and all other our lieges who shall happen to bee present and heare any ministers either in publike or private conferences and speeches , or in their sermons , to approve and allow the said unlawfull assemblie , raile and utter any speeches against our royall commandments , or proceedings of us , or our councell , for punishing or suppressing such enormities , that they make relation and report thereof to our councell , and furnish probation , to the effect the same may bee accordingly punished , as they will answer to us thereupon : certifying them who shall heare and conceale the said speeches , that they shall bee esteemed as allowers of the same , and shall accordingly bee taken order with , and punished therefore without favour . and to this effect we likewise straightly charge and command all judges whatsoever within this realme , clerks and writers , not to grant or passe any bill , summons , or letters , or any other execution whatsoever , upon any act or deed proceeding from the said pretended assemblie , and all keepers of the signet from signetting thereof , and that under all highest paines . and because wee gave order and warrant to our commissioner to make open declaration , not onely of our sense , but even of the true meaning of the confession of faith , in anno . by which it may clearely appeare , that as wee never intended thereby to exclude episcopacie , so by no right construction can it bee otherwayes interpreted , as is more nor evident by the reasons contained in the said declaration , and many more , which for brevitie ( the thing in it selfe being so cleare ) are omitted . herefore wee do not onely prohibit and discharge all our subjects from subscribing any band , or giving any writ , subscription , or oath to , or upon any act , or deed that proceeds from the foresaid pretended assemblie , but also do require them not to subscribe , nor sweare the said confession in no other sense then that which is contained in the said declaration , and manifestly emitted by our commissioner , under all highest paines . and that none of our good subjects , who in their duty and bound obedience to us shall refuse to acknowledge the said pretended assemblie , or any of the pretended acts , constitutions , warrants , or directions proceeding therefrom , may have just ground of feare of danger or harme by doing thereof , wee do by these promise , and upon the word of a king oblige our selves by all the royall authoritie and power wherewith god hath endowed us , to protect and defend them , and everie one of them in their persons , fortunes , and goods , against all and whatsoever person or persons who shall dare or presume to call in question , trouble , or any wayes molest them , or any of them therefore . and our will is , and wee charge you straitly and command , that incontinent these our letters seene , you passe , and make publication hereof by open proclamation at the market crosse of edinburgh , and other places needfull , wherethrough none pretend ignorance of the same . given from our court at whitehall the eighth day of december , and of our reigne the fourteenth yeere , . per regem . this our proclamation , published onely to make our people acquainted with our gracious proceedings at glasgow , which by the malice of their leaders had either beene concealed from them , or misreported to them , was received , as all our former gracious proffers , with a verie undutifull , windie and blustering protestation , so full of words , but withall , so void of truth and sense , as we were once resolved not to have inserted it here , neither indeed is it necessarie it should , for it is stuffed with the idle and superfluous repetitions of those things which are contained in their former protestations , especially their last protestation made at glasgow , with which indeed it is for the most part the same verbatim : yet , because we know that if it should be left out they would not stick to assure their followers , that it was omitted because of the unanswerable pregnancie of the reasons contained in it , here you shall have it , but without any answer to it , as to their former protestations hath beene given ; there being verie little in it which is new , and so not answered before , or what is in it new being either verie false or verie impertinent , both which falsities and impertinencies shall onely bee observed on the margent , being assured that the reader will easily finde that there is nothing in it worthie of any larger answer . the protestation of the generall assemblie of the kirke of scotland , made at the market crosse of edinburgh the . of december , . we commissioners from presbyteries , burghes , and * universities , now conveened , and yet sitting in a full and free assemblie of the kirk of scotland , indicted by his majestie , and gathered together in the name of the lord jesus christ the onely head and monarch of his owne kirk ; and we noblemen , barons , gentlemen , ministers , burgesses and commons , subscribers of the confession of faith , make it knowne ; that where we his majesties loyall subjects of all degrees , considering and taking to heart the many and great innovations and corruptions lately by the prelats and their adherents introduced into the doctrine , worship , and discipline of this kirk , which had been before in great purity , to our unspeakable comfort , established among us , were moved to present many earnest desires and humble supplications to his sacred majestie , for granting a free generall assemblie , as the only legall and readie mean to try these innovations , to purge out the corruptions , and settle the disorder of the kirk , for the good of religion , the honour of the king , and the comfort and peace of the kirk and kingdome : it pleased his gracious majestie out of his royall bountie , to direct unto this kingdome , the noble and potent lord james marquesse of hamiltoun , with commission to heare and redresse the just grievances of the good subjects : who , by many petitions and frequent conferences being fully informed of the absolute necessitie of a free generall assemblie , as the onely judicatorie which had power to remedy those evils , was pleased to undergo the paines of a voyage to england , for presenting the pitifull condition of our kirk to his sacred maiestie : and the said commissioner his grace returned againe in august last , with power to indict an assemblie , but with the condition of such * prelimitations , as did both destroy the freedome of an assemblie , and could no wayes cure the present diseases of this kirk . which was made so clearely apparant to his * grace , that for satisfying the reasonable desires of the subjects , groaning under the wearinesse and prejudices of longsome attendance , he was againe pleased to undertake another journey to his majestie , and promised to endeavour to obtaine a free generall assemblie , without any prelimitation , either of the constitution and members , or matters to bee treated , or manner and order of proceeding : so that if any question should arise concerning these particulars ( whereof the power of ruling elders as a part of the constitution , and the examination of episcopacie as a present question to bee moved , was exprest , albeit now the commissioner hath pretended the samine for the greatest causes of his rising and away going from the assemblie ) the samine should be cognosced , judged , and determined by the assemblie , as the onely judge competent : and accordingly by warrant from our sacred soveraigne returned to this kingdome , and in september last caused indict a free generall assemblie to bee holden at glasgow , the . of november last , to the unspeakable joy of all good subjects and christian hearts , who thereby did expect the perfect satisfaction of their long expectations , and the finall remedie of their pressing grievances . but these hopes were soone blasted , for albeit the assemblie did meet and begin at the appointed day , and for the space of seven dayes sitting was countenanced with his graces personall presence , yet his grace did never allow any freedome to the assemblie , competent to it by the word of god , acts and practice of this kirk , and his majesties indiction , but did labour to restraine the samine during the time of his abode there , by protesting against all the acts made therein , and against the constitution thereof by such members , as by all law , reason , and custome of this kirk , were ever admitted as members constituents of our free assemblies , and by denying his approbation to the things proponed and concluded , though most cleare , customable , and uncontroverted . and further , his grace after the presenting and reading of his owne commission from our sacred soveraigne , and after his seeing all our commissions from presbyteries , burghes , and universities , produced and examined , and the assemblie constitute in all the members by unanimous consent , did , to our great griefe , without any just cause or occasion offered by us , * unexpectedly depart , and discharge any further meeting or proceeding in this assemblie , under the paine of treason ; and after seven dayes sitting , declare all acts made , or thereafter to bee made in this assemblie , to bee of no force nor strength ; and that for such causes as were either then exprest verbally by his grace , or contained in a proclamation made by his grace at glasgow , * without any warrant of an act of councell , contrarie to the law and custome of this realme : whereunto we answered by our protestation of the . of november , or otherwise for such reasons as his grace thought meet to alledge , which are since superadded in this late proclamation , now made at edinburgh , this . of december , wherein , for our greater surcharge of sorrow , wee are heavily and wrongously blamed and taxed of many great offences . and first for making protestation against the proclamation made at edinburgh the . of september last , whereas our reasons contained in that our protestation are so forcible and just , to demonstrate the necessity and lawfulnesse of our act , that wee judge all good men and christians will be satisfied therewith ; whereanent we remit our selves to our protestation printed , and will not for shortnesse repeat the samine reasons here . and where we are reproached and blamed in this new proclamation for guarding and watching the castle of edinburgh , and impeding to import ammunition , or other necessaries , to any of his majesties houses ; an act which is exaggerat to bee without an example in the christian world , seeing we denie that libertie to our soveraigne , which the meanest of us do assume to our selves : for answer hereunto , wee confidently affirme that wee are unjustly challenged of all the said points , except for preveening dangers evidently threatned unto us , by circumspect attendance about the castle of edinburgh ; which afterward we shall shew to be warrantably done : * for we declare that we have never made the least stop or hindrance to the importation of any ammunition , victuall , or thing whatsoever , into any other of his majesties houses , or castles : nor for carrying all necessarie sustentation into the castle of edinburgh . neither hath any of us fortified , or provided any of our private houses for warlike defence ; so that all those are heavie , and unjust imputations : but wee confesse and grant , that there being some provision and ammunition quietly imported into this kingdome , for furnishing the castle of edinburgh , and intended secretly to have been put therein , we have carefully preveened the samine by our diligent attendance , and that for such reasons , grounded upon equitie , the law of nature , and municipall lawes and acts of parliament of this kingdome , and the lowable example of our predecessours : for the truth is , that having petitioned his majestie for redresse of our just grievances , and a legall triall thereof , before we received any answer thereunto , all possible meanes were used to dissolve that union which was made amongst us for that good cause , and to impede all our meetings from deliberating thereupon , wherein the town of edinburgh made a considerable part , not onely as an important member of this conjunction , but as a most commodious and ordinarie place of our meetings ; so that when all other meanes of perswasion had failed , the meanes of terrour was not left unassaied : and for that effect a great quantitie of ammunition was brought by sea from forraine parts to have beene clandestinly imported into the castle of edinburgh , as no doubt it was intended , seeing the samine was unloaded in the dead time of the night : and we considering that in case the samine had bin imported into the castle , with other provision and store formerly therein , the samine might have bin used & imploied for the overthrow of that place , and tended to our great prejudice , by with-drawing them , upon that terrour , and displacing us from our ordinarie meetings ; upon these reasons and considerations we preveened the samine by such a loyal way as cannot be offensive to authoritie : * for the safetie of the publike is the end of all lawfull power , and supreme law. and the adversaries of our religion having formerly boasted , by that provision so to furnish the castle , that it might beat down the town of edinburgh , and bar the supplicants from meeting therein , we had just reason to hinder that fetter of slavery to be put upon the towne ; and that the castle of edinburgh , which is amongst the first strengths of the land against forraine forces , might bee turned as a speciall engine of constraint against the subjects , to hinder their lawfull meetings , or to force the towne of edinburgh to separate from the rest of the supplicants : which great prejudice the law of nature teacheth us to avoid , and yet we have not proceeded therein without the warrant of the acts of parliament . for first , where there is any violent presumption of spoyling of the countrey , it is ordained that the * lievtenant raise the countrey , and passe to such castles and fortalices where there is any unrulie men , and take sovertie of the persons within these houses , that the countrey and all the kings lieges bee unharmed and unskathed of the saids houses , and of them who inhabits the samine from time forth : and if any make difficultie to bee arrested , and finde sovertie as law will , they shall bee streinied thereto , james . parliament . act . and therefore now seeing there is not onely violent presumption , but great menacing , from the adversaries of the truth and countrey , and their adherents , of the breaking of the countrey and harming of the samine ; and especially his majesties lieges within edinburgh , by the extraordinarie provision of munition to the castle of edinburgh , and that by the saids bishops plots from his majesties prime officers , who in his majesties absence should preveene that inconvenient by the ordinance of that act : therefore upon their default the countrey it selfe and the kings lieges , in whose favours the act is made , may provide for their owne safetie , and keep themselves unharmed by that castle , or any inhabitants thereof , and so preveen the importation of ammunition thereunto , conforme to the said act of parliament . * secondly , as the castle of edinburgh and certaine other castles and lands are the kings undoubted annexed propertie , so it is to bee considered for what cause they were annexed , by whom annexed , upon what condition , and how to be disponed upon . for the onely cause exprest in the annexation thereof . act. james . parliament . is , that the povertie of the crowne is oftimes the cause of the povertie of the realme : which act makes no mention that the king was annexer of the castles and lands to the crowne , but only that by the advice of the full councell of the parliament it was so statute and ordained , and appoints that they may not bee disponed upon , without advice , deliverance , and decreet of the whole parliament , for great , seene , and reasonable causes of the realme : so that being thus annexed to the crowne by the realme it selfe , for avoyding an inconvenient to the realme , and being annexed with condition not to be disponed upon without the advice and decreet of the whole parliament , and for great , seene , and reasonable causes of the realme ; justice and equitie will require , that these castles should not be made an instrument of the povertie and desolation of the capitall towne of the realme , and of the harme of the most considerable part of the bodie of the realme there conveened for supplicating his majestie and the councell , and preparing overtures to the future parliament , for redresse of our just grievances . but now by this extraordinarie provision to the castle , being threatned with ruine and exterminion , they may stop the misimploying of that benefit granted to the realme eo animo & ad hunc finem , for the well of the realme , while the parliament of the kingdome give their humble advice to his majestie thereanent . thirdly , by the . act. . parl. james . it is acknowledged that the castle of edinburgh , dumbartane , stirling , and blaknesse , are foure chiefe strengths of the realme which ought to be safely kept to the kings behove , and wel-fare of the realme : and for keeping the castle of edinburgh , there is assigned , with consent of the estates , both money and victuall , a great part whereof is forth of the thirds of benefices , which thirds in december . were decerned and ordained by queene marie , with advice of her councell and others of the nobilitie then present , to bee up taken and imployed for these two uses : viz. sustaining of ministers , and entertaining and setting forward the common and publike affaires of the countrey and common-wealth of the realme : which was also enacted , act . parl. . james . and thereafter ratified act . parl. . james . whereby it doth appeare that as the castle is the kings undeniable annexed propertie , so it is also a strength of the realme , which should be safely kept to his majesties behove , and wel-fare of the realme , having for the keeping thereof rents assigned with consent of the three estates of the kingdom forth out of the thirds of benefices , estimate by the estates in eum usum , for entertaining and setting forward the publike affaires of the countrey and common-wealth of the realm . and consequently the most * loyall part of the body of the realme hath maine interest to divert the converting of this strength to the weakning or ruine of the realme or any member thereof , threatned by this unusuall provision , and openly denounced by our said enemies . fourthly , by the . act . parl. james . it is acknowledged that the kings castles and strengths are the keyes of the realme : and the onely use of keyes is for keeping together in safetie and preservation , and not for spartling , dispersing , or perdition . so that the realme and collective bodie thereof can hardly be disallowed for contributing their loyall endeavours to the good keeping of their * owne keyes , when contrarie to the right end these keyes are used against the countrey and realme , whereof they should be , and are the keyes of safetie : as by the said act is declared . fifthly , by the same act , all violent detainers of the kings castles from him , or constrainers of the kings regents do redeeme his owne houses , and all makers of any such bargaine , merchandise , or market of the kings castles , are onely ordained to rander and deliver againe what they have received for reddition of the saids castles , and that the king shall have action for repetition thereof as necessarily given for the time , and wrongously received for unlawfull causes . and our proceedings being compared with the subject of that act of parliament , cannot deserve so harsh constructions , where the * best part of the bodie of the realme being constrained for indemnitie of their persons and goods , do neither take nor detaine the castle , but onely with-hold importation , first clandestinly intended , and thereafter openly threatned , of all kinde of warlike and invasive furniture , which could bee usefull to no purpose , but to the harm and annoyance of those who were conveened for the just occasions foresaids , who deserve and expect approbation and * thankes from his majestie in his own due time , for keeping his evill counsellours , and bad patriots , from putting hand in his best subjects . sixthly , by the . act . parliament james . sundry points of treason are ennumerate : and amongst the rest , one is the assailing , without consent of the estates , the castles or places where the kings person shall happen to bee : and now the kings person not being in this castle , but out of the countrey , and the * best and most loyall part of his subiects both for number and fidelitie , imploring his maiesties authoritie , for convocating the estates to take order with these , who , presuming upon his majesties absence , are bold to give him sinistrous information and counsell , these who do no wayes assaile the castle , but barrs these evill patriots from putting in execution their damnable suggestions by their supercherie violence and terrifications from that castle , before the convention of estates , cannot in law and equitie bee challenged in their carriage , so necessarie to them in the interim , while the estates conveene in a parliament , which now his majestie hath beene graciously pleased to proclaime . seventhly , it is knowne by our chronicles and records , that the castle of edinburgh was given in keeping to the house of erskine by the king and estates of parliament , * hac lege expressa & conditione , ut nulli nisi conventui ordinum reposcenti traderent . eighthly , this act is not unexampled in the christian world : but hath many presidents both in the history of other kirks and kingdomes , and of our own , which hath many such examples even done by the estates themselves : whose fact doth make our right , and whose authority is ratified conforme to the ancient and loveable custome , in punishing rebellious subjects , and preserving the faithfull , act . par. . james . in the next place we are upbraided for our meetings , which in the proclamation are called councell tables only by that name which by ordinary expression is due to judicatories , to make it beleeved , that we have arrogate to our selves some unwarrantable power and authority ; ( which we neither have nor intends to doe god willing ) whereas the truth is , that in a matter so highly importing all of us , as the preservation of religion and purity of gods worship , it was most necessary for us to meet , and that in a sober , modest , and quiet way , for deliberating with joynt advice upon those weighty businesses for the good of the kirke , his majesties honour , and peace of the kingdome : and those * meetings did never emit nor send forth any authoritative command or injunctions , but conclude upon such advices as might be most expedient for advancing that great businesse , and facilitating the way of supplication to his majestie , and overtures for the assembly and parliament ; which was an act lawfull and approvable in the selfe , albeit the conclusions thereof did not carry the force or validity of a binding law or command , which was never aimed at , nor intended : which meetings they might warrantably keepe for that end , being for gods glory , and removing the iust grievances of the subiects , no waies prohibited by any of our municipall lawes , which disapproveth such conventions as are for disturbance of the peace , or usurpation against authority , whereof neither of the two can bee alledged against these meetings : not the first , because no invasion , violence , offer of wrong by word or deed , to any person , no even to those , upon whom they justly complaine , ensewed upon the same , notwithstanding of their provocations , and their feares falsly represented to his maiesty , and maliciously pretended for their stay out of the countrey : not the second , because their meetings was to consult in manner foresaid upon the most fitting and humble way of supplicating his maiestie , and for the most convenient propositions to bee represented to his maiesty , the parliament , and assembly : all which acts are most compatible with the loyalty and duty of good subjects , and doe no waies intrench upon authority , seeing they can never be challenged to have assumed to themselves any judiciall determination in any matter of state , civill nor ecclesiasticall , but by voluntary instructions and opinions every one to another in a common cause of religion , did resolve what might be most conducible to their lawfull and iust ends ; and yet those conventions want not the warrant of law and authority , because they consist of the nobility , barons , burrows , and ministerie , which by the fundamentall lawes of the land , have place of proponing , reasoning , and voting in parliament and assemblies , act . king james the . parl. . wherein is acknowledged that it is necessary to the king and his estates to be truly informed of the needs and causes pertaining to his loving subjects in all estates , and therefore ratifieth the act made by king james , , anno . giving power to barons , to propone all and sundry needs , and causes , and to heare , treat , and determine all causes to be proponed in parliament : which necessary and true information cannot be made to his majestie and estates , † without privy meeting and consultation : and consequently it being granted to them , to informe the king and estates , and to propone , heare , treat , and finally determine all needs and causes to be proponed in parliament , there must be necessarily understood to be a sufficient power granted to them for meeting and advising upon that information : quia aliquo concesso , omnia concessa videntur , sine quibus concessum expediri nequit . and as to the ministers they have likewayes power granted to them , not onely by the word of god and constitutions of the kirke , but by the king and laws of this land , to propone , reason , and vote in assemblies , and be the samine parity of reason to keep preceding meetings , not to determinate or execute , but to consult upon their necessary propositions : so that these lawfull meetings , for the religious end , suffer wrongously the invidious designation of councell tables : which is onely done for procuring misconstruction against them ; because at these meetings and consultations they sat about a table , which posture is no wayes prejudiciall to authority , the meanest of mechanik crafts having their own tables where about they sit , when they consult upon the smallest businesse importing their trade . and farder , these same meetings , consisting of commissioners from each sheriffedome and body of this estate , were allowed by his majesties * councel first , and thereafter by the commissioner his grace ; in so farre as the whole subjects of this kingdome out of their resentment of the weight of this cause , having numerously conveened at edinburgh , from all the parts of the kingdome , that confluence of people was desired to be dissolved , and directed to make choose forth of that great number of some commissioners from each shire who might meet to represent their just grievances and desires , and attend the answers thereof . the third particular challenge in the proclamation , is for the illegall and unformall course taken in the election of commissioners to the assembly , whereof some are alledged to have beene under the censure of this kirke , some under the censure of the kirke of ireland , some banished for teaching against monarchie , others being suspended , some admitted to the ministery contrare to the laws of this kingdome , others at the horne , some confined , and all by oath bound to the overthrow of episcopacie : whereunto although no answer be requisite , seeing the persons thereby meaned , are not specially condescended upon , yet for clearing all mens mindes , and showing the warrantablenesse of our proceedings , it is of truth that the assembly , after particular triall which they took upon some such surmises , could not finde any censured by the kirke of scotland or ireland , by a lawfull manner , in a lawfull * judicatory , or for a lawfull cause : but on the contrary , the assembly , after carefull searching and examination , found , that any censure inflicted upon any of these persons in scotland was only by a bishop ( who ought to be punished for taking arrogantly on him the name of the kirke of scotland ) and that without the advice of any presbytery , but sitting in his high commission ( which was condemned by the laws of this kirke and kingdome , is discharged by the kings proclamation , is one of our just grievances , and a part of the bishops dittie ) and that only for refusing the innovations and corruptions abjured by the confession of faith . for the censure of the kirk of ireland , it was not notified to the assembly by any such objection , and yet out of their zeal and care to satisfie all these misinformations , whereof they heard some whisperings , they fand after triall , that these censures inflicted were for the same causes foresaids , and yet could not militate out-with the bounds of that diocie where they were censured in their own law and practique , and none of them were ever banished for any cause , let be for that odious cause pretended in the proclamation : wherein the mention of horning against some of the commissioners could not bee a lawfull exception against them , because horning can neither take away their ministeriall function , nor deprive the presbyteries of their voice by their commissioners : but in speciall this horning against the commissioners to the assembly cannot be respected ; because it was done in edinburgh upon a † suddenty ( upon what intention we permit every one to consider ) after all the members of the assembly were gone to glasgow , and yet protestation was taken against the samine , and suspension craved upon the reall offer of consignation , which , contrarie to the common law and practice of this kingdome , was unexampledly refused , and publick instruments taken thereupon : all which objections are onely now remembred to blemish the proceedings of this assembly , but were never urged nor proponed in the assembly ; but on the contrarie , the commissions of all persons were produced , examined , discussed , and approven in my lord commissioners owne audience , without any contrarie voice of the assembly : and yet upon these challenges much is built against the assembly , and the samine are aggravate from a preceding oath , whereby it is alledged that the commissioners were bound to overthrow episcopall government , which is of the same stamp and mettall with the rest : for the truth is , that there was never any oath given , nor exacted , but that which is contained in the covenant , whereby all was abjured , onely in generall , which was contrarie to the confession of faith . leaving to the tryall and determination of the assembly , whether episcopacie and some other innovations were repugnant to the said confession , or not . and at the best , it is a bad inference , that one who hath maintained orthodox opinions , and preached against heresie , and errour , may not in the lawfull judicatorie voice for condemnation of these errours . and as for the election of moderatours , admission of ministers by presbyteries , and restitution of elders ; the same needeth no answer in this place , being sufficiently cleared by us before in our answers to the . articles exhibite unto us by the commissioner his grace : which answers were so satisfactory , that after the receit of the same , his grace promised to procure a free general assembly , with power to determine upon all questions anent members , matter , and manner of proceeding . and are further cleared in the book of policie , and other acts already cited in our particular answer to the declinator of this assembly , produced by the bishops . all which is approven by this generall assembly , and all acts carrying appearance of contrariety thereto upon undeniable grounds are declared to be null ab initio . the fourth act rubbed upon us to our prejudice by the proclamation , is the sending from the tables of instructions , whereof the heads are summarily exprest , which his grace indeed did show to the assembly , and then the members of the assembly declared , that neither of these papers were ever sent from the * meetings at edinburgh to any man in their knowledge ; and yet for the first ( which possibly might have been some private direction of one friend to another , without common advice ) it doth not containe any thing offensive or partiall . for the phrase of losing of our christian and civill liberty might be warrantably exprest in relation to our former bondage and slavery under the prelates , tyrannizing in their high commission , whereby most summarily , at their own pleasure , they deprived , fined , and confined all persons and professours , with such an high hand as justly we might affect deliverance from that servitude , which was likely more to enteresse by the unlimited power usurped in their canons . so that the desire of this liberty cannot be judged an affectation of licentious living without subjection to lawfull authority , which in our solemne covenant with god wee have sworne to maintaine . and as for the other paper , the † same is the forgerie of our enemies presented to the commissioner his grace , of deliberate purpose to make a pretext for discharge of the assembly , which we are sorry was so readily embraced , notwithstanding that when the same was produced by the commissioner , the same was not onely cleared to be no draught sent by publicke advice , but the members of the assembly , and even those whom his grace most suspected , denyed the same , and offered to controll it by production of the true paper of their instructions , altogether disagreeing from that other produced by the commissioner , except in the two points following , which had been craftily intermixed with the saids untruths , to give them some countenance of probability . likeas they professed to his grace , upon their * oath , that they had never seene the same before , nor ever read any of the articles therein contained in any other paper , except the fourth and the eighth articles , whereof the fourth was for eschewing ( as farre as might be ) chappel-men , chapter-men , and ministers justices of peace , from being chosen commissioners to the assembly : which was so reasonable , that none could be offended thereat , because * chappel-men had approven , and without warrant of this kirk practised the innovations introduced of late ; the chapter-men had practised the book of ordination , and ( contrarie to the acts of the kirk discharging chapters and their election of bishops . ) had approven the corruptions of kirk government , and ministers justices of peace had likewise accepted that civill office upon them , whereunto they were promoved for the most part as creatures and dependers of bishops . and the eighth , wherein some are desired to study the points which were likely to be agitate in the assembly , as , de episcopatu , de senioribus , and among other points , de potestate supremi magistratus in ecclesiasticis , praesertim in convocandis conciliis ; whereat none can take just exception , because it was the duty of every member of that assembly to instruct and enable themselves for agitating every point , which might occurre to be spoken of there by any , or been proponed by the doctors of aberdene , who were expected there , and commanded to study these points : so that this ought not to be wrested to their prejudice , seeing it was incumbent to the assembly to know the precinct of the kirks jurisdiction , especially anent their owne assemblies , and to distinguish it from the civill jurisdiction of the supreme magistrate , giving to god what is gods , and to cesar what is cesars , whereby the soveraign magistrate hath no prejudice , but great benefit , to know the extent of his power in matters ecclesiasticall , lest either he should come short of what is due to him , or , for want of true information , incroach upon the liberties of christs kirk : whereby it is most evident , that no indirect nor partiall courses , nor dangerous propositions , have beene used in the preparations and elections to this assembly , but such as are most legall , peaceable , ordinarie , and warrantable . in the next place the proclamation charges our innocency for repairing to the assembly with great troupes and bands of men boddin in fear of war , and furnished with forbidden armes , in contempt of a preceding proclamation : whereas the truth is , that our going and repairing to glasgow was in the most peaceable , quiet , and single way which might serve for our security and indemnity against sundry outlawes , clangregors , and their followers , who shortly before the meeting of the assembly had done sundry outrages , and committed many insolencies upon the kings good subjects in these westerne parts , both to private men , whom by their number they might enforce , and by exacting moneyes at publicke mercats neere glasgow , whereof many were advertised by their private friends from these places , and to come thither prepared for eviting all affront or hazzard which they might incurre by that rascally multitude : so that being firmely resolved of before to goe thither every one accompanied with his own ordinary private train , we yet continued in that resolution , and went thither in most sober and quiet way , onely with this change , that for preveening that hazzard we went not every man alone with his owne ordinary servants , but some few together went in company ; which is not onely ordinary in going out the way , but was most expedient at that time for avoiding the foresaid hazzard and prejudice : which moved us all so to carry with us some offensive weapons ▪ wherewith not onely these rebels were provided , but likewaies such who went to glasgow with his majesties commissioners , who upon that same necessity were likewaies * provided with those prohibited weapons , and yet their carriage nothing thought to deboird from the duty of good subjects . upon these reasons some of the supplicants being present in edinburgh , at the making of the said proclamation . of november last , did protest that it might be lawfull for them to carry weapons for their own defence , and preservation against any such lawlesse invasion or violence as might threaten them , and that they might incurre no prejudice by carrying such weapons as those who followed councellours and many others did , promising to carry themselves peaceably and irreproveably during the time of the assembly , which accordingly they have done : and seeing our said carrying of weapons was for defence of our lives , against the invasion of these barbarous sorners , we are not censurable therefore by the act of parlament prohibiting the saids weapons , because we was repairing to , or returning from the assembly at command of his majesties letters and authority , which is in speciall words exprest in the act of parliament , act . parliam . . james . which is thereafter ratified with the same provisions , act. . parliam . . james . and thereafter also ratified , act. . parliam . . james . like as by the . act , parliam . . james . all honest men , and good subjects free-holders , are authorized with a commission to take and apprehend the persons and goods of those sorners and thieves , keep themselves in prison , and execute them to the death : and therefore farre more to carry weapons for resisting of their savage violence . and where the formall and orderly proceeding of this assembly is challenged in the proclamation , as peremptory , for refusing voice to the six assessors assumed to himself by the commissioner , and for not suffering the declinator by the bishops to be read before the electing of a moderator , we cannot conceive the same to be a just cause of offence , because albeit according to our bound duty , we deferre all humble respect to his gracious majesties commissioner , and to the persons and places of the prime noble-men , and councellours his graces assessors , yet for preservation of the liberty of the kirke of jesus christ , we did in all humility remonstrate that his majesties commissioner and assessors , how many soever ( whose place is not to vote , but to assist the commissioner by their counsell for his orderly proceeding ) could have but onely one voice in the assembly : since after thirty-nine nationall assemblies of this reformed kirke , where neither the kings majesty , nor any in his name were present , at the humble and earnest desire of the assembly , his majestie graciously vouchsafed his presence , either in his own royall person , or by a commissioner , not for voting or multiplying of voices , but as princes and emperours of old in a princely manner , to countenance that meeting , and to proceed in it for externall order : and if we had been honoured with his majesties personall presence , his majesty ( according to the practice of king james of blessed memory ) would onely have given his own judgement in voting of matters , and would not have called others who had not been cloathed with commission from the kirke , to carrie things by plurality of voices . which is also imported by his graces commission produced , wherein hee is nominate sole commissioner . like as also his majesties father never had assessours voicing in † lawfull assemblies , nor challenged the same to his commissioners , but onely of late dayes in these corrupt assemblies , which for undenyable reasons are declared to have beene null ab initio . and as to the refusing of the reading of the declinator , and protestation , exhibite by the prelates , the same was publickly read , and the first act of the assembly , immediately after the election of a moderator and constitution of the members , before the which time there was no assembly established , to whom the same could have beene read , or by whom it could be judged ; like as we desired his grace to bring in the prelates themselves , and we should both answer for their safety , and give them a full audience . and further , whereas his grace under his hand , gave in his majesties declaration , mentioned in this proclamation , the same being considered by the assembly , gave them matter of great joy , to finde his majesties royall heart so farre enlarged towards them , as willingly to untie some of those grievous bands wherewith they had beene fettered by the meanes of some who abused their own places , and trust with his majesty ; but the same was not found satisfactory , nor sufficient for establishing of a legall security of the points therein mentionate , nor yet for purging the corruptions , and setling the peace of this kirke , as was promised , whereof the commissioner his grace would not stay to be informed , but did unexpectedly and suddenly remove , to the great grief of the assembly , who thereby was necessitate to use the power * god had put in their hands , for removing all innovations , and setling the purity , and peace of this kirke . and seeing in this proclamation his majesties declaration is insert ad longum , and the assembly taxed for not being fully satisfied therewith , we are enforced to repeat here the reasons which moved the assembly not to think the same satisfactory , in hope that they , comming to his majesties sacred eares , may procure the continuance of his benigne favour , so acceptable to this kirke , by the indiction of this assembly , and production of the said declaration , and obtain his royall approbation to the whole acts and proceedings of this assembly , which is heartily wished , and would replenish the hearts of all good subjects with abundant joy and contentment . and first , where his majestie hath discharged the service book , and book of canons , and practice of both , and all acts , proclamations , and ordinances made for establishing thereof , upon information that by the introduction of them , the subjects have apprehended the inbringing of popery , & superstition to have beene intended : neither the discharge nor the ground thereof are satisfactory ; not the first , because as some acts and proclamations did serve for their establishing , so others gave them an high approbation , as fit means to maintaine religion and beat down all superstition : and therefore though those which established them be rescinded , yet those which approved them do remaine , and may bring forth other acts and proclamations for restoring them or the like hereafter , if these books receive not a publick censure by the generall assembly as the only judge competent to bar them and the like in all time comming : seeing acts of councell , and proclamations , are frequent and variable , and yet are no legall valid meane either to introduce or abolish any thing concerning the doctrine and discipline of the kirke , wherein they neither can meddle nor secure the subjects , next , seeing by the constitutions of this kirke * the generall assembly hath onely power to determine concerning the matters of gods publick worship ; and that the framers of these books , who called themselves the representative kirk , made them to be practised in sundry places of the countrey by their own authority , and that which they borrowed from † the lords of secret councell : therefore it was most necessarie that the same should be discharged by the generall assembly ( the onely true representative kirk of this nation ) for vindicating her just right from violent usurpation , and preventing the like in time comming ; not the second , for the subjects have just grounds of perswasion that the prelats & their followers ( the framers & followers of those books ) intended the inbringing of popery and superstition by the introducing thereof , because , . many grosse points of popery and superstition are not onely closely couched under the cover of ensnaring ambiguities ( the most insinuating way of errours and best mask to superstition ) but also expresly contained in the books themselves ; as was made manifest by sundry treatises read and considered in the assembly , and is now so declared by the assembly . . the framers and favourers of these books in their sermons and conferences have vented sundry popish errours , and approven popish superstitions : which fully detecteth , and leaveth no doubt of their intention , in the introducing of books so full of popery and superstition . secondly , the discharge of the high commission by his majesties proclamation or declaration cannot be sufficient ; because first , his majesty declareth that he established the same for the ease and benefit of the subjects , that justice might be administrate with the more conveniencie and lesse trouble of the people , and now dischargeth it , because the subjects have mistaken his gracious intention : so that if the mistaking be removed , that which is conceived of it selfe to serve for administration of justice , with ease and benefit to the subjects , may bee established upon pretention of the removeall of all such mistakings . secondly , though the acts and deeds made for establishing thereof bee rescinded , yet the acts past heretofore by the high commission are not rescinded : and so the subjects censured by it , are still esteemed under these censures , as appeareth by the tenour of the proclamation , wherein the assembly is taxed , as consisting of some members that are under the censures of this kirke , meaning the bishops censure in the high commission . thirdly , it being found contrary to the acts of parliament , and acts of generall assembly , and extremely derogatory to them and all other subalterne iudicatories both civill and ecclesiasticall ( which is made clearely manifest by a treatise presented to the generall assembly , ) and it being devised and brought in by the suggestion of bishops , as a meane whereby they might , and have unlawfully , tyranized over all the subiects , therefore it is necessary that the parliament and generall assembly , the highest civill and ecclesiasticall iudicatories that have been wronged , should by their severall sentences utterly abolish it as unlawfull and hurtfull . thirdly , whereas his majesty dispenseth with the practice of pearth articles , dischargeth all from urging the practice thereof , freeth from censures for not urging or practising them , notwithstanding of any thing contained in the acts of parliament , or generall assembly to the contrary , and is content that the assembly take the same so far to their consideration , as to represent it to the next parliament there to be ratified as the estates shall finde fitting : these cannot satisfie ; because first , a dispensation with the practice , without a simple discharge , leaveth it still arbitrary to those who will practice , and so continueth the rent and distractions in this kirke . secondly , although his maiestie had discharged the practice of them by his proclamation or declaration , yet the subiects had not been put in security thereby , except the generall assembly ( to whose tryall they belong and were referred by all the subscribers of the confession in march ) doe either repell the articles of perth , or upon good reason declare that assembly null , since his maiesties proclamation or declaration is not a sufficient warrant to infringe an act of assembly or parliament made to the contrary . thirdly , by tying the assembly to take the same no further unto their consideration then to represent it to the next parliament , the assembly is both prelimitate ( whereanent refers to the six reasons against prelimitation insert in our protestation september . ) and weakned in power , * as if it might not judge and determine in matters meerely ecclesiasticall without a licence from his majestie , or a reference to the parliament , whereas the generall assembly is supreme and independent in matters ecclesiasticall , as the parlament is in civill ; so that when the acts of assembly are ratified in parliament , the same is for adioyning the civill sanction to the ecclesiastick constitution for the great terrour of transgressors . fourthly , anent the oaths administrate to ministers at their entry , it hath not onely beene pretended , but is certaine , and will be made manifest to the assembly , ( which also now is done ) that oaths have been exacted different from that which is set downe in the acts of parliament , and in many severall wayes according to the pleasure of the prelats : and where his majestie declares that no other oath shall be required of a minister at his entry , nor that which is set down in the act of parliament , * the same is of fearefull consequence , because the act beares an oath to be given unto the bishop by ministers intrants , and so supposeth the office of a bishop to be unchangeable and uncontroverted , whereby the assembly is prelimited ( against the reasons before mentioned ) which may finde that office uselesse and unlawfull in this kirk , and which now they have found upon most infallible reasons . fifthly , that his maiesty assureth generall assemblies shall be kept as oft as the affaires of this kirk shall require , doth not satisfie , because first , by leaving the time undefinite , it preiudgeth the liberty of the kirke of holding yeerly generall assemblies at least , and oftner pro re nata : ratified by the act of parliament . the disuse whereof hath beene a maine cause of our evils , which should bee prevented in time comming , by renewing that ancient necessarie custome and liberty : secondly , by the same act of parliament it is provided that the king , or his commissioner being present , shall appoint the time and place of the next assembly : and in case his maiesty or his commissioner be not present for the time in the towne where the assembly is holden , it shall be leasome to the said generall assemblie by themselves to appoint the time and place of the next assembly , as they have bin in use in times past : but this declaration not only leaves all indefinite but totally everts that power and liberty competent to them by law and custome . thirdly , as it doth not determine how oft the ordinary effairs of this kirke require an assembly ( which the custome of this kirke and act foresaid evidently manifest to bee yeerely once at least ) so neither doth it determine who shall judge when the necessity of extraordinary effairs require an assembly pro re nata : whereas undoubtedly the kirke will be most sensible of her owne necessities , and is the most proper judge of her owne effaires : and therefore should have freedome to appoint her owne times when she finds her selfe pressed with present exigencies , as his maiesty hath also power when hee perceives any necessity requiring the same . sixthly , whereas his maiesty is content that all the present bishops and their successours be answerable to , and censurable by the generall assembly , it doth not satisfie ; because , first , it beares a prelimitaon of the assembly in the matter of trying that office , and presupposes the continuance thereof by succession as unquestionable . secondly , they have beene formerly made censurable by the generall assembly in the straightest way that the kirke could enjoyn , or they could assure : and yet these thirty yeeres they have shunned all censure ( though all their actions deserved it ) by procuring generall assemblies to be prorogate , and then suddenly indicted when they had cunningly prepared both persons and purposes to their minde : likeas now they have by their declinator refused to answer , and be censured by this present assembly indicted by his majestie , conveened in the name of christ , and perfitly constitute in the members thereof : and therefore it lyeth upon this present assembly to take some solide course , for securing the kirk , in all time comming , against the prejudices of their former and frequent breaches contrary to their oathes given . seventhly , whereas his majestie requireth this present assembly to subscribe this confession of faith formerly signed by his royall father . and lately commanded by his majestie to be subscribed by all his majesties subjects : the reasons contained in the protestation september last . ( whereto we adhere and repeats the same ) do sufficiently evidence that we cannot subscribe the same : to which we adde , first , that his maiesties commissioner hath declared to the lords of session when their subscriptions was required , that it might subsist with the innovations introduced since the yeere of god . which * some of the said lords then did , and all of us doe now conceive to repugne to the genuine and true sense of the confession of faith as it was first made : secondly , that his grace hath protested divers times in this assembly , that nothing done or to be done therein prejudge the archbishops and bishops in their priviledges , places , power and jurisdiction : whereby the declareth that these may subsist with the confession of faith , notwithstanding they be novations introduced upon this kirke , contrary to the same , since the yeer foresaid , as is now found by the assembly : thirdly , that to the assembly presently conveened and perfectly constitute in the members thereof , it pertaineth properly according to the word of god , constitutions of this kirke , and booke of policie , ratified in divers assemblies , to determine what is the true meaning of the confession of faith , and to make the same knowne to all the members of this kirke , who thereafter without scruple or danger may subscribe the same . and although the assembly could not finde this declaration satisfactory for these and the like weighty reasons , yet were they willing the same should be insert in their books for obedience to his maiesties desire : and thankfully acknowledging his maiesties pious affection to true religion , and royall resolution to defend the same and his subiects in the profession thereof , exprest in the closure of his royall declaration , they were confident that when his maiestie shall bee fully informed that the novations introduced since the yeere . are incomparable with the confession of our faith , he will be pleased graciously to vouchsafe his comfortable protection upon those , who ( adhering to the true meaning of that confession now fully cleared by the assembly ) have abjured all the innovations introduced , and by their great oath and subscription have bound themselves to maintaine the true religion , and his majesties person and authority in defence of the same . and thus true religion being the channell which convoyeth both duties to their proper object , the evidence of gods image in our dread soveraigne his depute shall bee terrible to all the enemies of his majestie , and of his loyall subjects who stand for the confession of faith , and the true meaning thereof , and shall raise up the affections of his religious subjects towards his majestie above all earthly respects . and where it is subjoyned in the proclamation that nothing was able to give contentment , except we were permitted to overthrow episcopal government and to abrogate publicke lawes standing , and take away one of the three estates , wee are sufficiently cleared thereof by the acts of the assembly , abrogating , and abolishing episcopall government in this kirke for * infallible reasons contained in the said act , and also by our answer published to the declaration emitted in the commissioners name ( which for brevity we forbeare to insert herein ) whereby wee have sufficiently evinced that our proceedings are not contrary to the lawes of the kingdome , or destructive of any lawfull third estate , and which part of the proclamation doth close , with an undeserved imputation to our loyalty , bearing that for the like dangerous acts so derogatory to royall authority , and for others reasons importing true monarchicall government , the commissioner was forced to dissolve the assembly ; but the same is so generally expressed , that it appeares evidently to be done of plaine purpose to make us hatefull , which we hope will not worke that end , unlesse some speciall act of disloyalty or malversation could bee specially condescended upon ( which undoubtedly had not beene omitted if it had been possible ) otherwaies that darke cloud of general termes cannot obfuscate the pure brightnesse of our sincere intentions , unlesse our true representation of grievances , and earnest humble pressing legall redresse thereof at his majesties hands , may deserve that aspersion in the eyes of these councellours , who thinke themselves obliged rather in absolute obedience , then a dutifull representation to their soveraigne of what is just and warrantable ; wherein wee appeale to all the world , if either our proceedings , or opinions bee any wayes derogatory to the true power of monarchicall government or his majesties authority , which wee are obliged to defend with our lives and fortunes by our covenant . and where in the proclamation , in that part thereof , anent the commissioners discharge of the assembly , is insinuate some expression of his graces willingnesse to returne the next morning to the assembly , wee declare that wee were most sensible of the benefit of his graces presence , and received great contentment by that countenance of royall authority in representation , whereof we would never have deprived our selves , if we had had the least signification of any such intention : but the truth is , that having called our selves to our best remembrances , we heard no word or expression tending that way ; but by the contrary * we did humbly require his grace to give in the reasons of his discontentment in writ , and to returne the next day againe , at which time wee should give in sufficient answers thereto which might wipe away all his graces objections , and move him to continue his wished presence to that assembly , whereat hee had publickly professed he could no longer assist : but this being refused , and the assembly discharged by him , we were necessitate to protest both that day and the day following upon the mercate crosse of glasgow , and to shew , that in conscience of our duty to god and his truth , the king and his honour , the kirke and her liberties , this kingdome and her peace , this assembly and her freedome , to our selves and our safety , to our posterity , persons , and estates , we could not dissolve the assembly for the reasons following : first , for the reasons already printed anent the conveening a generall assembly , which are now more strong in this case , seeing the assembly was already indicted by his majesties authority , did conveen and is fully constitute in all the members thereof , according to the word of god and discipline of this kirke , in presence and audience of his majesties commissioner , who hath really acknowledged the same by assisting therein seven dayes , and exhibition of his majesties royall declaration to be registrate in the books of this assembly , which accordingly was done . secondly , for the reasons contained in the former protestations made in name of the noblemen , barons , burgesses , ministers , and commons , wherunto we did then iudicially , and doe now actually adhere , as also unto the confession of faith and covenant subscribed and sworn by the body of this kingdome . thirdly , because as we are obliged by the application and explication subioyned necessarily to the confession of faith subscribed by us , so the kings maiestie , and his commissioner , and privie councell , have urged many of this kingdome to subscribe the confession of faith made in anno . and . and so to returne to the doctrine and discipline of this kirke as it was then professed ; but it is cleare by the doctrine and discipline of this kirk , that it was most unlawfull in the selfe , and preiudiciall to these priviledges , which christ in his word hath left to his kirke to dissolve or breake up the assembly of this kirke , or to stop and stay their proceedings in constitution of acts , for the well-farre of the kirke or execution of discipline against offenders , and so to make it appeare that religion and kirke government should depend absolutely upon the pleasure of the prince . fourthly , because there is no ground of pretence , either by act of assembly , or parliament , or any preceding practice , whereby the kings maiesty may dissolve the generall assembly of the kirke of scotland , farre lesse his maiesties commissioner , who by his commission hath power to indict , and keepe it secundum legem & praxim , but upon the contrary his maiesties prerogative royall is declared by act of parliament to be no wayes prejudiciall to the priviledges and liberties which god hath granted to the spirituall office-bearers and meetings of this kirke , which are most frequently ratified in parliaments , and especially in the last parliament holden by his maiestie himselfe ; which priviledges and liberties of the kirk , his maiestie will never diminish or infringe , being bound to maintaine the same in integrity by solemne oath given at his royall coronation in this kingdome . fifthly , the assemblies of this kirke have still enjoyed this freedome of uninterrupted sitting , without or notstanding any contramand , as is evident by all the records thereof , and in speciall by * the generall assembly holden in anno . which being charged with letters of horning by the kings maiestie his commissioner , and councell , to stay their proces against m. robert montgomerie pretended bishop of glasgow , or otherwaies to dissolve and rise , did notwithstanding shew their liberty and freedome by continuing and sitting still , and without any stay going on in that proces against the said m. robert , to the finall end thereof , and thereafter by letter to his majestie did shew clearly , how farre his majesty had been mis-informed , and upon mis-information prejudged the prerogative of jesus christ and the liberties of this kirke , and did enact and ordaine that none should procure any such warrant or charge under the paine of excommunication . sixthly , because now to dissolve after so many supplications and complaints , after so many reiterated promises , after our long attendance and expectation , after so many references of processes from presbyteries , after the publike indiction of the assembly , and the solemne fast appointed for the same , and after frequent convention and formall constitution of the assembly , in all the members thereof and seven daies sitting , were by this act to offend god contemne the subjects petitions , deceive many of their conceived hopes of redresse of the calamities of the kirke and kingdome , multiply the combustions of this kirk , and make every man despaire hereafter ever to see religion established , innovations removed , the subiects complaint respected , or the offenders punished with consent of authority , and so by casting the kirke and estate loose and desolate , would abandon both to ruine . seventhly , it was most necessary to continue this assembly , for preveening the preiudices which might ensue upon the pretence of two covenants , whereas indeed there is but one : that first subscribed in . and . being a nationall covenant and oath to god , which is lately renewed by us , with that necessary explanation which the corruptions introduced since that time contrary to the same , inforced : which is also acknowledged in the act of councell in september last , declaring the same to be subscribed as it was meaned the time of the first subscription ; and therefore , for removing that shame and all prejudices which may follow upon the shew of two different covenants and confessions of faith in one nation , the assembly could not dissolve before it had tryed , found , and determined that both these covenants are but one and the selfe same covenant : the latter renewed by us , agreeing to the true genuine sense and meaning of the first as it was subscribed in anno . and further in the said proclamation , the straine of our protestation is taxed , because we have thereby presumed to cite those of his majesties councell who have procured , subscribed , or ratified this proclamation , to bee responsall to his majestie and three estates of parliament ; whereas the same cannot be justly quarrelled , because it it is grounded upon the law of the kingdome , and warranted by the act of parliament therein cited . act . par. . james . which act is grounded upon good reason : for it were strange to thinke that councellours giving bad counsell , to the evident prejudice and ruine of the countrey , and publick detriment of the good subjects , should not be countable therefore to his majestie and his estates ; and it is not without instance in our lawes , that perverse counsell hath beene given in misguiding the kings and common good of this realme , act . par. . james . which is also acknowledged by the reduction of grants made by kings to these perverse councellours , act . par. . and act . par. . james . the perversenesse of which misguiding counsell , hath been assuredly the cause why in the next parliament in the yeere immediately subsequent , the kings councell was chosen in parliament , and sworne in presence of the king and three estates , and ordained to be responsall and accusable to the king and three estates for their counsell : which cleareth that both evill counsell may bee given , and that the councell may be accused before the king and parliament for malversation in their charge . like as his maiestie in the proclamation , makes all persons lyable to the parliament and generall assembly , and so giveth way to this previous cytation , which may serve for a forewarning and intimation that they may bee accused if they bee guilty , as wee know all are not , and wish that none were . all which heavie objections and imputations are premitted in the proclamation to the conclusion and command thereof , which resolveth into two heads ; the first discharging obedience to the acts of assembly , and liberating all , who shall disobey , from censure , and promising protection to the disobeyers , and inhibiting all presbyteries , sessions of kirks , ministers within this realme in their sermons , sessions , and meetings or any otherwaies , to authorize , approve , or allow the assembly at glasgow , or doe any deed which may countenance the same , under paine to be punished with all rigour . and commanding all who shall heare them , to delate the same , under paine of the like punishments ; likewaies straitly charging and commanding all judges within this realme , clerks , and writers , not to grant or passe a bill , summond , or letters , or any other execution whatsoever , upon any act , or deed , proceeding from the said assembly ; and all keepers of the signet from signeting thereof , under all highest paine . and the second head , commanding all subiects to subscribe and sweare the confession commanded by his majestie conforme to the sense and meaning of the declaration published by the commissioner , whereunto we need not here make any answer , but remits the same to a speciall answer , published in print made to that a declaration . but for the first , the same is so farre repugnant to the word of god , practice of the primitive kirke , the lawes civill and canonicall , the custome of all nations , the constitutions of our generall assemblies , acts of parliament , practice of other judicatories within this kingdome , to the confession of faith and discipline of this kirke , as we cannot believe any such commandments to proceed from our gracious king , but from the malice and mis-information of our adversaries , the conscience of whose guiltinesse affrighteth them to undergoe their deserved censure , which is b cleare first , that the same is contrary to the law of god , from that place of scripture mat. . wherein the kirke is commanded absolutely to inflict censures . . cor. . wherein the kirke did execute that commandment . and the kirks of pergamus and thyatira , are reproved for not executing ecclesiasticall censures against those who held the doctrine of balaam , or of jezebel , . rev. so that the power of the keys in ecclesiasticall censures is so intrinsecally and so essentially competent to the kirk and generall assembly jure divino , as obedience to her decreets and executions thereof , cannot be suspended , far lesse taken away and discharged by humane authority , more nor the power of preaching and administration of the sacraments . secondly , it is contrary to the practice of the apostolike and primitive kirks , whose constant practice was to execute the spirituall functions and censures ; and , notwithstanding humane prohibitions , to obey god rather then man. thirdly , it is contrary to the civill law , si contra jus vel utilitatem publicam , vel per mendacium fuerit aliquid postulatum vel impetratum ab imperatore . et titulo de diversis rescriptis & pragmaticis sanctionibus . fourthly , the same is contrary to the * cannon law decret . decretal . extravagan . titulo de rescriptis . fifthly , it is contrary to the universall custome in all nations ordaining their judicatories to doe justice , notwithstanding their princes prohibition , as is cleare by convarnvia in spaine , pappon in france , suedwyne in germanie , &c. upon the title de rescriptis aut constitutionibus principum . sixthly , to the constitutions of generall assemblies , because in sundry generall assemblies upon complaints made that the kings majestie and his councell by their letters offered some stop to the kirk from going on in her ecclesiasticall censures , especially by act of the generall assembly conveened in the new colledge of sanctandrows . april . it is ordained that none being received to any ecclesiastical function , office , or benefice , seek any way by the civill power to exeeme and withdraw themselves from the jurisdiction of the kirk , or procure , obtain , or use any letters , or charges , either by themselves , or any other in their name , or at their command and instance , to impaire , hurt , or stay the said jurisdiction , discipline , correction of manners , or punishment of their offences & enormities , or to make any appellation from the general assembly , to stop the discipline , and order of the ecclesiasticall policie , and jurisdiction granted by gods word to the office-bearers within the said kirk , under the paine of excommunication summarily , without any processe , or admonition to be pronounced by the judgement of the eldership , by the minister , or ministers which shall be appointed by them , how soon it is known that any of the saids heads are transgressed ; likeas both the kings majestie and his councell promised that none thereafter should have that cause to complaine , as is manifest by the act of assembly at montrose in july . and in the assembly holden at saint andrews , . april . being charged with letters of horning not to proceed against master robert montgomrie , ; the assemblie did write to his majestie that this discharge was extraordinary , as a thing that was never heard nor seen since the world began , and was directly against the word of god ; and lawes of the kingdome . and yet notwithstanding of the said charge the assembly did proceed and excommunicate the said master robert. further , in the assembly at edinburgh , the . of june . sess. . amongst the grievances presented by the kirk to the king , the first is , that his majestie by device of some councellours is moved to take upon him that spirituall power and authority which properly belongeth to christ as only king and head of his kirk , the ministerie and execution whereof is only given to such as bear office in the ecclesiasticall government of the same ; so that in his majesties person some men prease to erect a † popedome , as though his majestie could not be full king and head of this common wealth , unlesse alswell the spirituall as temporall sword be put in his majesties hands , unlesse christ be rest of his authority , and the two jurisdictions confounded , which god hath divided , which directly tends to the wrack and overthrow of all true religion , &c. and in the assembly holden at edinburgh in octob. . sess. . summonds are direct by the generall assembly against the kings advocate , for drawing up the kings proclamation of that straine . . the foresaid command is also contrary to the acts of parliament : because as the acts of parliament appoint every matter for its owne judicatorie , and to all judicatories their own freedome , so much more doth this liberty belong to the nationall assembly , being the supreme judicatorie ecclesiastick of this kirk , and onely competent judge in matters so important , and so nearly concerning gods honour and worship immediatly , the salvation of the peoples soules , the setling of the purity of gods worship , the purging away the corruptions thereof , and right constitutions of the kirk , whose liberties and priviledges are confirmed , parl. . king james . and parl. . king charles . likeas by the . par. . act k. james . ann . . the libertie and discipline of the kirk , especially in her presbyteries and assemblies , are fully and firmly ratified , with declaration that the act of the kings majesties prerogative royall over all estates and persons , shall no wayes be prejudiciall to the priviledges which god hath given to the spirituall office-bearers in the kirk , concerning heads of religion , matters of heresie , excommunication , collation , and deprivation of ministers , or any such like essentiall censures , especially grounded and having warrant of the word of god , with full power even to the particular presbyteries to put order to all matters and causes ecclesiasticall within their bounds , according to the discipline of the kirk . . the lords of councell and session by act . parl. . king james . are ordained to proceed in all civill causes intended or depending before them , or to be intended , and to cause execute their decrees , notwithstanding any private writing , charge , or command from the kings maiestie , or his councell in the contrarie , and by the . act , . parl. king james . all licences and supersederees purchas'd from his maiestie , are discharged as contempt done to the law , as great hurt to the lieges , and contrarie to iustice , and declareth the same to bee null of the law , and not admissibly by any iudge , nor effectuall to the purchaser any wayes , and ordaineth all judges within this realme to proceed and do justice , siclike and in the same manner as if the said supersederees and licences never had beene purchased nor produced . like as by the . act parl. king james . all licences granted by his majestie to hinder the execution of acts against papists and other adversaries of the true religion are discharged and declared to be of no force . according to which it hath beene the ordinarie custome both in civill and ecclesiasticall judicatories ( notwithstanding of privie warrants or prohibitions contrarie to law which commonly are impetrate from his majestie upon misinformation ) to proceed and minister justice . . to discharge obedience to the acts of the assemblie , stop the execution thereof , protect and defend such as are delinquents and under the kirks censure , doth directly repugne to the large confession of faith of this kirk . wherein cap. . the third mark of the true kirk is affirmed to bee upright , ministration of ecclesiasticall discipline , as gods word prescribes , for establishing good order and repressing of vice : and so no more can bee impeded nor justly taken from the kirk then any of her other two marks viz. the right preaching of the word and ministration of the sacrament : and therefore in the oath at the kings coronation , he sweareth to maintaine this confession , and these three marks of the kirke , and particularly that hee shall be carefull to root out of his empire all hereticks and enemies to the worship of god , that shall be convict by the true kirk of god of the foresaids crimes . . in the short confession of faith sworne , . and . and renewed by the greatest and * best part of this kirk and kingdome , with an explication renewed also at his maiesties command by his councell , all are bound to continue in obedience of the doctrine and discipline of the kirke and defend the same according to their vocation and power . so that seeing this generall assemblie hath proceeded in their constitution , acts , and whole proceedings according to the discipline of this kirk of scotland . and . contained in the second book of discipline : which in both these yeares were ordained to bee registrate and sworn to by all the ministers of this kirk , as the discipline thereof , and wherein the civill and ecclesiasticall jurisdiction are so clearly distinguished in the . c. l. . as the power of the sword may no wayes stop or impede the power of the keyes : and in the . c. the eldership and assemblies hath power to execute ecclesiasticall punishment upon all transgressours and proud contemners of the kirk : and in the . c. the office of the christian magistrate is described to assist and maintaine the discipline of the kirk , and punish those civilly who will not obey the censures thereof , without confounding alwayes the one jurisdiction with the other : and this order of ecclesiasticall discipline , condescended upon in generall assemblies , as warranted by divine authoritie to be execute notwithstanding any humane inhibition , is set downe before the psalmes in meeter : and therefore we can never expect that his majestie , who out of his pious inclination to justice by a late proclamation . september last hath declared and ordained that all his subjects both ecclesiasticall and civill shall be lyable to the tryall and censure of generall assemblie or any other judicatorie competent , will now stay the execution of the * lawfull and grave sentences of this nationall kirk , so comfortable to us , and so necessarie for maintaining the puritie of religion : which his majestie in the end of the articles before mentioned hath promised to defend , and his subjects in the profession thereof , which is incompatible with the defence of excommunicate and obstinate persons . but therefore wee are assured that his gracious majestie will be pleased to allow that reverence and all readie obedience may bee deferred to the whole acts , constitutions , and censures of the said generall assemblie , by all his subiects , who undoubtedly and necessarily are obliged to obedience of all the lawfull commands and injunctions of the mother kirk if they would bee accounted members or sonnes thereof . by all which * cloud of weightie reasons the warrantablenesse of our just proceedings doth evidently appeare , notwithstanding of all the arguments of challenge adduced against us in the said proclamation : and therefore for these and many other reasons , wee the members of this assemblie , in our owne names , and in the name of the kirk of scotland whom we represent , and we noble-men , barons , gentle-men , ministers , burgesses , and commons , before mentioned , do solemnely declare in the presence of the everliving god , and before all men ; and protest a that our thoughts are not guiltie of any thing which is not incumbent to us , as good christians towards god , and loyall subiects towards our sacred soveraigne : and we attest god the searcher of all hearts , that our intentions and whole proceedings in this present assemblie have beene and shall continue according to the word of god , the lawes and constitutions of this kirk , the confession of faith , our nationall oath , and that measure of light , which god the father of light hath granted unto us , and that in the sinceritie of our hearts , without any preoccupation or passion . that it was and is most lawfull and necessarie for us to fit still and continue in keeping this present assemblie indicted by his majestie , untill after conclusion of all matters it bee dissolved by common consent of all the members thereof , and that for trying judging and censuring all the by-gone evils , and the introductors , and providing a solide course of the continuance of gods truth in this land with puritie and libertie , according to his word , our oath and confession of faith , and the lawfull constitutions of this kirk . that this assemblie is and should bee esteemed and obeyed as a most lawfull , full and free generall assemblie of this kingdome , and that all acts , sentences , constitutions , censures , and proceedings of this assemblie ( whereof the generall and principall acts are to bee published , ) are in the selfe , and should bee reputed , obeyed , and observed , by all the subjects of this kingdome , and members of this kirke , as the acts , sentences , constitutions , censures and proceedings of a full and free generall assemblie of this kirke of scotland : and to have all readie execution , under the ecclesiasticall paines contained or to bee contained therein , and conforme thereto in all points , and such like , that whosoever presumeth to utter any undutifull speech against the same , may be duly censured and condignly punished . we protest that all and everie member of this reformed kirk efoldly and faithfully joyne and concurre in their severall callings and stations , to advance further and assist the execution and obedience of the whole acts of this assemblie , by all meanes which their abilitie can afford , as they affect the advancement of gods glorie and the work of reformation in this land . we protest against all the challenges and aspersions laid upon us in the said proclamation , and that our whole answers are not onely true in everie point , but likewise sufficiently forcible to deliver us from all unjust imputations , and to justifie the lawfulnesse and necessitie of our whole proceedings and carriage , which hath beene so unreasonably blamed . likeas by these presents we summond and cyte all those of his majesties councell , or any other , who have procured , consented , subscribed , or ratified this present proclamation , to bee responsable to his majestie and three estates of parliament , for their counsell given in this matter , so highly importing his majestie , and the whole realme ; conforme to the . act. parl. . king james . and protest for remead of law against them and everie one of them . we protest that it is , and may be lawfull unto us to defend and maintaine the religion , lawes , and liberties of this kingdome , the kings authoritie in defence thereof , and everie one of us another in that cause , according to our power , vocation , and covenant , with our best counsell , bodies , lives , meanes , and whole strength , against all persons whomsoever ; and against all externall , and internall invasions , and that in the obedience and observance of the acts of this assemblie and nationall mother kirk . that whatsoever inconvenients shall fall out by impeding , molesting , or staying the observance and obedience due to the acts , ordinances and conclusions of this assemblie , or execution to follow thereupon , that the same be not imputed unto us , or any of us in our lawfull defence and maintenance thereof , who most ardently desired the concurrence of his majesties commissioner to this lawfull assemblie , and do yet still with humble vehemencie beg his majesties gracious approbation thereunto , but on the contrarie that the prelats and their adherents , who have protested , and declined this present assemblie , in conscience of their owne guiltinesse , not daring abide to any legall tryall , and by their misinformation did move the commissioner his grace to depart and discharge this assemblie , be esteemed , repute and holden ( as they truly are ) the disturbers of the peace , and overthrowers of the liberties of the kirke , and guiltie of all the evils which shall follow hereupon , and condignly censured according to the greatnesse of their faults and acts of the kirke and realme . wee protest that none hereafter subscribe the covenant formerly subscribed by the commissioner his grace in councell , as they will eschew the danger of a contradictorie oath , but that all & everie one subscribe the covenant renewed in februarie last , and that with this sense , meaning , and condition , that they subscribe the same conforme to the determination and declaration of this assemblie at glasgow allanerly . we protest that as we adhere till all former protestations and every one of them made in the name of the noblemen , barons , gentlemen , ministers , and commons respectivè for the time , so wee may have his majesties royall approbation to this present assemblie , whole acts and constitutions thereof , and all our proceedings and behaviour in this businesse , which wee assuredly expect from his majesties imbred pietie , justice , and bountie , notwithstanding the sinistrous , untrue informations , whispered in his royall yeares in the contrarie . upon all which premises and protestation foresaid ( which is the same with the former made by us at glasgow , the . of november last , but so farre differing as was necessarie for answer to the new additions contained in this proclamation ; and clearing us of the aspersions wherewith we are changed therein , which we might lawfully do , having protested for this libertie in respect of our surprisall ) one certaine number of all qualities and ranks for themselves , and in name foresaid , asked instruments . this was done in presence of a great confluence of people upon the mercate crosse of edinburgh the . day of december . finis . revised , according to the ordinance of the generall assemblie , by me master archibald jhonston clerk thereto . at edinburgh . jan. . not long after this our proclamation and their protestation , our commissioner ( seeing all things tending to a present rupture ) begun his journie according to the leave which we had granted him for his returne : after which time , and ever since , they have throughout the whole kingdome by threatnings made the acts of their unlawfull assembly to be received , in many places have perswaded the reception of them by force and armes , have levied souldiers , and imposed taxes upon our subjects for payment of them , have required of our judges or lords of the session to approve their acts , though none of them consented to it , have threatned and menaced them for refusing of it , have raised divers fortifications in our kingdome , have blocked up our castles and forts , and now at last forcibly taken our castle of edinburgh , have at home got their preachers most seditiously and rebelliously to teach our people , that there is a necessitie of their carrying armes against us , under paine of perjurie and damnation , have scattered abroad , especially here in england , divers infamous libels justifying their own wicked and rebellious courses , inciting our people here to attempt the like rebellion , and to deface our ecclesiasticall government . when the contrivers of that wicked covenant first framed and devised it , and perswaded others who were well perswaded of their pietie , to enter into it , we dare appeale even to their owne consciences whether they did ever make the seduced people acquainted with their intentions of abolishing episcopall government , & introducing of lay-elders ▪ which are the onely two things they make the seduced people beleeve they now stand upon : and we do wonder there should be any man found in the world , who can hold it a sufficient warrant for our subjects to take armes against us their lawfull soveraign , because we will not give them leave to abolish some things which stand fully established by our lawes and acts of parliament of that kingdome , and to introduce other things which are interdicted and prohibited by the same : but much more have we reason to thinke our subjects did them no whit beleeve that ( though we should relieve all their grievances , just or pretended , as now we have done ) they should yet be forced to acts of rebellion , and carrying of armes against us , as now they are . but such hath ever been the constant course of the heads of all rebellions , to ingage their followers by degrees , to conceale from them their maine and wicked ends , which being at the first discovered , would be abhorred and detested , untill they have gone on so farre in following their leaders , as afterward they are easily perswaded by them , that there is no hope of pardon left , and so nothing but danger , if they shall offer to retreat : the very same course hath been held in this rebellion for seducing of our subjects of that kingdome . the specious pretence used by the contrivers of the covenant to the people was religion , but that which was intended by them was a rebellion , grounded upon the discontents of some few : and the very meanes whereby they have fomented their factious waies , and kept up in our people a beliefe that they intended onely religion as they pretended , have been the very same which have been usually practised by other discontented mutiners . but yet we find , that the principall meanes used to foment this rebellion by the heads of it , have been these three . first , the seditious prayers and sermons of some preachers suborned by them for that purpose , who made the people still beleeve , that all they said was gospel , and they crying up in their pulpits that covenant , and most bitterly exclaiming against all opposers of it with the most vile and reproachfull termes they could devise , wrought the people to an incredible good opinion of all that favoured the covenant , and a bad one of all those who opposed it : so that such things were delivered in their pulpits , as cannot be related without both shame and horrour . one of them upon our commissioners comming home , prayed god to deliver them from all crafty compositions . another refused to pray in the church for sir william nesbett late provost of edinburgh , when hee was lying upon his death-bed , onely because he had not subscribed the covenant . another prayed god to scatter them all in israel , and to divide them in jacob , who had counselled us to require the confession of faith to bee subscribed by our authoritie . many ministers would not admit to the communion those who had not subscribed their covenant , but in their exhortation before it , barred them in expresse termes with adulterers , slanderers , and blasphemers , &c. others would not suffer children to bee baptized in the churches of those ministers who were not of the covenant , though they were their owne parish churches , but carried them sometimes many miles to be baptized by covenanting-ministers . one preached , that all the non-subscribers of the covenant were atheists ; and so concluded , that all the lords of our councell , and all the lords of our session were such : for none of them had subscribed it . another preached , that as the wrath of god never was diverted from his people , untill the seven sonnes of saul were hanged up before the lord in gibeon ; so the wrath of god would never depart from that kingdome , till the twice seven prelates ( which makes up the number of the bishops in that kingdome ) were hanged up before the lord there ; which is extreme , foule and barbarous . another preached , that though there were never so many acts of parliament against the covenant , yet it ought to be maintained against them all . another delivered these words in his sermon : let us never give over till we have the king in our power , and then he shall see how good subjects we are . another in his sermon delivered this , that the bloudiest and sharpest warre was rather to be endured then the least errour in doctrine or discipline . another in his sermon wished , that hee and all the bishops in that kingdome were in a bottomlesse boat at sea together ; for he could bee well content to lose his life , so they might lose theirs . thousands more such beastly , barbarous and profane speeches were delivered by them , not onely in their pulpits , but in their sermons : for the reader must know , that in these times of tumult , where the churches were not able to containe the great multitudes , they did usually preach in common and profane places , in roomes which are yet in building , and not finished ( intended for lawyers to plead in ) in the halls of the taylors , and other mechanicall tradesmen of edinburgh , in some private houses , in the hall of the colledge of edinburgh , where one sunday rollock being to preach , but finding the crowds of people to be too great for that place , mounted upon the top of a paire of staires which went up to an upper ground , in an open place which was onely covered by the heavens , and from thence preached to a great troupe or multitude , whose breath is the onely aire hee desireth to live in , being shot quite through the head with popularitie . others preached in the free-schoole at edinburgh , where boyes use to play and bee punished . if these speeches , and many as bad or worse then these , and delivered in such places , be fit to perswade the people that their covenant comes from god , the reader may easily discerne . the second meanes which they used for blind-folding the eyes of the people , were , their many false reports , which both in their pulpits and out of their pulpits they vented amongst the people , which their leaders knew in their owne consciences to be most false . they gave it out , that we intended to bring in poperie in all our kingdomes , or at least a toleration of it . it was preached that the service book was framed at rome , and brought over by a country-man of theirs ; when they doe know that every papist by the popes bull is prohibited to heare the service booke read . others preached that all england was of their opinion and judgement , and that they had good intelligence from hence , that no man would adhere to us against them . another preached that no man would have protested against the generall assembly but for money , and that none had protested but they who had received some , when they did know that many had protested who had received none . it is true indeed , that some poore ministers being thrust out of their benefices by them for adhering to us , were petitioners to our commissioner for relieving the necessities of them and their families ; some of those who were most necessitated , he did a little relieve ; but some of that number were none of the protesters , and many who were protesters were none of that number . it was preached ordinarily in their pulpits , that neither we nor our commissioner in our name did ever intend to hold the generall assembly , or if we did hold it , did never intend to performe any thing which we had promised in our gracious declaration ; though they now know that we have performed both . within these few daies some desired the people publiquely in their pulpits to give thankes to god for that overthrow which the hollanders had given to the spanish fleet before dunkirke ; assuring their auditours that it was no lesse to be celebrated by them , then their deliverance from the spanish invasion in . because all that fleet was prepared at our charge , for their ruine and subversion : besides many thousands more such reports and counterfeited letters scattered by them , of which some no doubt were devised by themselves , whereby they kept our people in that ignorance in which at the very first they had resolved to involve them . now what a fearfull and terrible thing is it for men in the house of god , and in those places of these houses of god which they call the chaires of truth , to deliver such things as either they doe not know to be true , or doe know to be false ? besides these dictates of the ministers , the lay-elders , since they came to thinke themselves ecclesiasticall persons ( for so now they doe , and will not be called lay , but ruling-elders ) they have found new inspirations , and delivered doctrines as like their divines as may be : one of them we cannot chuse but rehearse . an ancient knight and a lay-elder intruded himselfe and his fellowes upon a presbyterie for chusing the ministers commissioners for the assembly ; and the ministers of that presbyterie not being able to keep them out , though they earnestly desired it , fell to intreat these lay-elders , that if they would needs intrude themselves in their election , they would have a speciall care to chuse the ablest ministers , and who were most inclined to moderation and peaceable courses , because the church at this time stood in great need of such commissioners : the old knight in great zeale replyed , that whosoever at this time gave his voice to a moderate or peaceable minded minister , hee was a betrayer of christ and his cause ; because these times required no luke-warme commissioners : which barbarous and unchristian speech of his being related by way of complaint to the tables at edinburgh , was so far from being censured , as it was approved for a high and heroicall ejaculation . the third meanes whereby they have perverted our people , and continued them in their disobedience to us and our lawes , have been their strange and damnable positions , whereby they have impoysoned our subjects ; some whereof we shall now declare unto you . first , what subjects doe of their owne heads is much better then what they doe in obedience to authoritie ; the one savouring of constraint , but the other being voluntarie and cheerfull obedience . this proposition is delivered in their protestation , bearing date the . of september , . made against our gracious declaration ; it is in their fifth reason against the subscription to the confession of faith urged by us. a second , the parliaments power doth no more reach to the placing of officers originally in the church , then the church hath power to make states-men in the common-wealth . this position is in their answer to our commissioners declaration , concerning our sense and meaning , in commanding the confession of faith to bee subscribed : where they have added the word originally onely to puzzle the reader : for certainly their meaning must bee , that the parliament hath no power for confirming of officers placed in the church by the church it selfe ; for no act of parliament in that kingdome doth make any officers in the church originally , but onely ratifieth and confirmeth such as were established by the church in her generall assemblies . a third position is this : the parliament can make no law at all concerning the church , but onely ratifie what the church decreeth : and after it hath ratified it , yet if the assembly of the church shall prohibit it , and repeale that decree of the church , all the subjects are discharged from yeelding obedience to the act of parliament , which either made any such law , or ratified any such decree of the church . this position they deliver in their answer to the . reasons in the said declaration ; and would be well weighed . a fourth position is this : the assembly hath power to discharge all subscription to the confession of faith commanded to be subscribed by us , and as it is interpreted by us or our commissioner ; so leaving us no power at all in ecclesiasticall causes , which all reformed churches give their princes , according to gods law. this position is in the same place in their conclusion of their answers to the five reasons . a fifth position is this : the assembly without us is the church , and the onely judge competent fit to interpret and explaine all doubts arising upon the confession of faith commanded by us ; which they put in practice , by explicating our confession of faith against our owne meaning , and after we had dissolved the assembly . this position is set downe in the beginning of their conclusion after their answers to the five reasons . a sixth position is this : though the law be interpreted , yet if it be interpreted in a sense disliked by most of the kingdome , the body of the kingdome , for whose good the law was made , may crave the lawfull redresse of the grievances sustained by that law. this position is in the fifth of their ten articles propounded before the indiction of the assembly . a strange position , that they shall crave redresse of a law , and before a parliament which onely can redresse it ; and though they call it a craving to redresse it , yet they meane an actuall redressing of it : for they ( before a parliament was at this time indicted ) have actually done many things against acts of parliament , and stand upon their justification that they may lawfully doe so . the seventh position is this : the assembly is independant , either from king or parliament in matters ecclesiasticall . this position is in their protestation against our proclamation of the . of december . in their third reason against our gracious offers delivered into the assembly by our commissioner ; and is a position delivered not onely in the sense , but in the very words of the jesuites . the other positions following , generally dispersed throughout their protestations and pamphlets , are so obvious to any one who hath read them , as the particular cytation of them may bee forborne ; such as are these following . an eight position is : that in all matters determined in an assembly , we are to receive them as the son of the church , and have no further interest in them , though they be not matters of faith but matters of government , and those concluded by them against acts of parliament established by us and our three estates ; nay , though they concerne secular businesse , as making of salt , and fishing for salmons on sundaies , changing of markets from one day in the weeke to another , and such like : for in their late pretended assembly they have determined of many such things , as doth appeare by the index of their acts. they will not find many papists who have said so much for the church of rome , nor any jesuites which have said more . a ninth position is this : it is lawfull for subjects to make a covenant and combination without the king , and to enter into a band of mutuall defence against the king and all persons whatsoever , though by two acts of parliament before cyted , all such persons as shall be found either contrivers of , or adherers to any such league , are punishable with death . a tenth position is this : that it is lawfull for themselves sitting in an assembly , to indict a new assembly without our consent , as they have now indicted a new assembly to bee held in july next ; or out of the assembly when they please , as they professed that now they would have done , if we had not indicted one , though this be directly and expresly against two acts of parliament before cyted . an eleventh position is this : if subjects bee called before us and our councell for any misdemeanour , if they who are called doe any way conceive that the matter for which they are called , doth concerne the glory of god , or the good of the church ( and a wonder it is if any cause can be found which doth not concerne one of these two ) then they may appeale from us and our councell to the next generall assembly and parliament ; and in the meane time , before these appeales be either heard or discussed , they may disobey us and our councell , although by an act of parliament before cyted , it is expresly made treason : and the ministers who appealed from our royall father and his councell , were upon that act arraigned and found guilty of treason . the twelfth position is this : that when we are intreated to indict a generall assembly , it is not that there is any need of our indiction , but rather to doe us honour , and to beget some countenance to their proceedings ; alledging that the power of indiction is in us but cumulativè , not privativè , which if we shall refuse , then that power is suppletivè in the collective bodie of the people , as it is alwaies ( say they ) in all other cases , if the prince shall either neglect or refuse to doe his dutie : nor are they ashamed to averre , that all soveraigne authoritie was originally in the collective bodie of the people , by them conferred with their owne consent upon the prince ; and therefore , if the prince shall omit to doe his dutie , he either falls from his right , or his right is interrupted , untill he returne to his dutie : but that in the meane time the soveraigne right and authoritie doth returne to , and remaine with the people , from whom it was at the first derived upon the prince : a prettie matter it were if princes crownes and soveraignties should depend upon such notionall and pedanticall distinctions , and wonder it is that these men who professe themselves to be the greatest enemies to poperie in all the world , should borrow the very words and termes of this ridiculous distinction from the jesuites ; which distinction , if it had ever been used in those primitive and purest councels of the church ; all of which were onely called by the emperours , and in which all matters were ordered and disposed by their presidents and deputies , it would have made those emperours out of love with the councels and assemblies of the church : but they were never robbed of that speciall prerogative of their crowne untill the bishops of rome by their tyrannie and usurpation , and by animating and arming their owne subjects against them , dispossessed them of it : and now we and our successors being repossessed of it againe by the lawes of that our kingdome , and the usurpation of the pope , in that very particular , being by many of our acts of parliament excluded , wonder it is to see these men take upon themselves that usurped and cashiered papall authoritie . the thirteenth position is this : if we or our commissioner sitting in assembly shall denie our voice to any thing , which to us appeareth to bee unjust and repugnant to our lawes , yet if that shall be concluded by most voices of the assembly , that then we are bound jure divino to see all these conclusions made in despight of us , obeyed by all our subjects , and by our authoritie to inforce obedience to these acts ; and if our councellers or judges shall refuse to do the like , then they shall be lyable to the sentence of excommunication , and so be deprived not onely of their places , but of their estates : a position to which we suppose they will never gaine the consent of princes , or magistrates put in authoritie under them . a fourteenth position is this : an assembly may abrogate acts of parliament , and discharge our subjects from obedience to them , if they any way reflect upon businesse of the church ; which we wonder that the nobilitie , gentrie , and burrowes can endure : for as it doth derogate principally from our authoritie , so doth it proportionably from theirs when they are assembled in parliament : and indeed it is to be wondred at , how any man that is acquainted with government can endure it : for it destroyeth not onely the nature , but the very name of the high court of parliament ; for how can that be called the highest court of the kingdome , if a generall assembly may rescind the acts of it ? and that power which may repeale one act of it may repeale more , nay all acts of it , when it shall bee pleased to exercise that power , and say it is in order to the glory of god and the good of his church . a fifteenth position is this : the protestation of subjects against lawes established , whether it be made coram judice , or non judice , before the judges of the people , or the people themselves who are borne to be judged , doth void all obedience to these lawes , and dischargeth all the protesters from any obligation to live under them , before ever these protestations and the validitie of them shall come to be discussed before the competent judges of them ; nay , although they bee repelled by the judges before whom they are made : all which ( since these troubles begun in that kingdome ) have been usually practised by the covenanters , who having sometimes made protestations against our lawes before our councell , sometimes before our commissioner , sometimes before the lords of our session who repelled them all , then they made them before the people their owne associates in the publique market-places , and by that meanes held these protestations sufficiently admitted , and themselves discharged from obedience to all these lawes against which they protested , alledging ( perhaps ) that they were unjustly and unduely enacted : which course , if it may be allowed in any common-wealth , and that protestations before they be discussed , may discharge subjects from obedience to lawes , what subject will yeeld obedience to any law , by which he findeth himselfe pressed or inconvenienced , when the remedie of a protestation , whether admitted or not admitted , is so readie at hand ? a sixteenth and last position is this ; which indeed is the worst of all : for it is both the mother and nurse of all the rest , and is such a shamefull one , that they have not printed it in terminis ; but it followeth by an unavoidable consequence upon many of their printed positions , as all of them doe follow upon , and flow from it : and the practice of it is so current with them , as it appeareth almost in every one of their particular actions ; and it is thus : a number of men , being the greater part of the kingdome , because they are the greater , ( and in that sense ( say they ) the more considerable part ) may doe any thing which they themselves doe conceive to be conduceable to the glory of god , and the good of the church , notwithstanding of any lawes standing in force to the contrarie ; and that this greater part , especially met in a representative assembly , may , without the authoritie of us , against the expresse commandement of us and our councell , and our judges declaration of it to be against the lawes of our kingdome , chuse some few noblemen , gentlemen , ministers and burgesses , who , under the name of committees or commissioners from the generall assembly , to bee chosen from assembly to assembly , shall sit and determine of things concerning the church and state , as if there were neither king , councell , nor judge in the land . they complaine of a high commission erected by us and our authoritie , but whether this be not a higher commission then that , we leave it to every impartiall judgement . they answer for themselves onely this , that they doe it as being put in authoritie by the generall assembly , which is ( say they ) a court independent from us , and therefore may erect what court it will without us , and may appoint what commissioners it will to sit for that court , so they meddle with nothing but ecclesiasticall businesse : but let the reader consider how many wicked and insufferable absurdities this their answer carrieth along with it . first , by what authoritie did they doe the same things which they now doe , before the assembly was indicted ? they could not bee then commissioners from the generall assembly . next , who gave the generall assembly power to erect any such table of commissioners ? they found themselves aggrieved with the high cōmission established by us , upon this ground , that there was no such court established either by acts of generall assembly or parliament : and now wee desire them to shew any act of parliament giving the assembly power to erect any such table of commissioners . thirdly , in the erection of this table , they out-doe any thing which yet hath been either said or done by the jesuites in defence of the churches authoritie , and the authoritie of her visible head over kings and princes : for they did never yet affirme , that the ecclesiasticall authoritie could bee exercised but by ecclesiasticall persons : but these men doe hold , that noblemen , gentlemen , and burgesses may execute this authoritie : but they say , they doe not exercise it as any such lay-men , but as ruling-elders , and so in the capacitie of ecclesiasticall persons ; but can there any childe be found who will not laugh at this , if ever he have heard but the common names of church-men and lay-men ? can these two be confounded ? can the calling of a man by the name of an elder make him an ecclesiasticall person , if by his place and calling hee is never to discharge any office of a church-man ? they have declared it to be unlawfull for bishops to have voices in parliament , councell , or any secular judicatorie , because these places are incompatible with the places of ecclesiasticall persons : and shall not lay-persons be as incapable at least to meddle with divine and ecclesiasticall businesses ? or if they shall , then let these ecclesiasticall elders renounce their places in parliament and other secular courts of justice , and become ruling-elders onely . fourthly , they alledge that they meddle onely in ecclesiasticall causes ; although it bee unlawfull for them to doe that , yet it were the more tolerable , if they did as they say : but they doe make good what they say , by telling the world what they meane by things ecclesiasticall , and their meaning they doe expresse in the very termes of the jesuites ; for by ecclesiasticall , they meane , as their practice sheweth , any thing which is in ordine ad ecclesiastica : nay more , in ordine ad spiritualia , whatsoever may bee thought conducible to the good of the church , or to any spirituall good , and yet more vastly to the glorie of god ; by which latitude of the word ecclesiasticall , we would know what they have left without the compasse of their cognisance . just nothing : for in this sense they may set the price on victuals , they may censure the actions of all men in what kind soever , because saint paul biddeth us , whether we eate or drinke , or whatsoever we doe , doe it all to the glory of god. and truly , from this false and jesuiticall interpretation of this word ecclesiasticall , have issued most of all their acts of sedition and rebellion : they have provided armes for our subjects , they first blocked up all our forts & castles , and since have taken them , stopped our officers from carrying victualls or ammunition into them , they have raised forts , taxed our subjects , levied souldiers against us , not onely turned us out of the possession of our castles , but , so farre as in them lies , defeated our title to them , by declaring that they are not our castles but the kingdomes ; they have incroached upon the undoubted bounds and markes of our soveraigntie , by sending warrants to our sheriffes for chusing commissioners for the shires for the next parliament ; they have discharged our own printer for printing any thing which concerneth these troubles , or may make against them , though commanded by us and by our councell , so that if we have any thing to print there , we must first be a suiter to jhonston their clerke for his hand to it , else it cannot passe ; they have injoyned or at least suffered the preachers of their owne side to pray and preach most bitterly against us and our authoritie : those preachers who continued in their loyaltie towards us , they have most unjustly against our lawes deprived of their benefices , and most unmercifully and unchristianlike exposed them to miserie and beggerie , they have most contemptuously and rebelliously used our councellours and judges : when they are asked , why they doe these things , and by what authoritie they doe them : to the first they answer onely , that they doe them for the good of the church , and the glorie of god , that religion may bee preserved , the honour of god maintained , and his glorie increased : who would thinke that there should bee men found in the world , who call themselves after the name of christ , and invocate the name of god , and yet dare profane and abuse the names of religion , god ; and his glorie , and to intitle those glorious names to such lewd actions of treason and rebellion , as can proceed from none but the devill ? to the second : by what authoritie they doe these things , which are expresly against the acts of parliament , acts of councell , and acts of generall assemblies ? they answer , that these acts of assembly were unduely obtained , and that now they have rescinded them . for acts of parliament and acts of councell , they expresse great wonder and admiration , that any man should question their authoritie over them : for that question they use to answer with another of their owne , viz. whether any man doth hold christ or us to be supreme ? and being answered that christ is supreme , then they conclude , that they being his councell must likewise be supreme ; that the parliament is but the councell of the kingdome , that our privie councellours and judges are but the councell and judges of the king ; but that they themselves are the immediate and independent councellours of , and judges under christ , who is the king of all kings and kingdomes ; and that therefore in all causes which they conceive to concerne christ and his kingdome , which is his church , they are supreme and independent , above us , our parliament , our councell , our judges : and that if our councellours or judges doe not obey their commandements , they will proceed to the sentence of excommunication against them , and by the same reason ( though as yet they have not said it ) they may proceed against us with the same sentence : for we acknowledge christ to bee the supreme king , as much as our councellours and judges doe acknowledge him to be the supreme lord and judge . these furious frensies have not been heard of in the world , since the anabaptists madnesse reigned in germanie in charles the fifth his time , which was most strongly and vehemently opposed by the protestant princes , who adhered to the augustan confession , and if luther and melancthon , whom god used as the chiefe instruments in reforming the abuses of the church of rome , had not shewed themselves in their sermons , lectures in the universities , and publique writings which they published , stout champions against them , and thereby had drawne all protestants to detest and persecute them , undoubtedly the reformation of the church , falling out to bee about the same time when these anabaptists raged most in their madnesse , had laboured and suffered extremely under the scandall of their frensies , in the opinion of all those who were attending and looking after the issue of that reformation : and yet these same fooleries and frensies are daily acted by these who call themselves commissioners of the table , and presented to the readers of their pamphlets and protestations , with the titles of irrefragable , undeniable , convincing , unquestionable , sun-shine truths , and twenty more such false impudent epithets , as one would wonder from whence they fetch the faces that can beare them out in saying so , when the whole christian world who shall read them , upon the very first view or reading , must discerne that there is not the least step or shadow of truth to be found in them . we confesse we were amazed at , and aggrieved with their horrible impudence , expressed in their last petition sent unto us , in which they did invocate the name of god , calling him not onely as a witnesse , but as an approver of their actions ; at their pretended assurance of our justification of them all , when they undoubtedly know , that we doe abhorre and detest them all as rebellious and treasonable ; at their shamelesse asseveration of their confidence that their neighbour churches will approve all their proceedings ; that they are affraid they should bee thought to have offended in nothing so much as in lenitie , when they have proceeded to the deposition and excommunication of the bishops and others their opposers , which is the utmost of that power which ever any church did yet challenge to it selfe ; and many more such audacious untruths , which after we once heard read , we resolved never to answer , and now doe answer it onely thus , that in the maine points of it there is not one true word : to say nothing of the boldnesse of this petition , which expecteth our answers in such termes , as it doth not onely seeme to require our approbation of their wicked proceedings , but almost to command it : and lastly , it is subscribed onely by the hands of the moderatour and clerke of the assembly , as if it were an ordinarie cytation served upon the meanest subject of that our kingdome . and besides all these , we would know what ecclesiasticall assembly , just or pretended , did ever use any coercive power , but that which was ecclesiasticall , viz. suspension , deprivation , degradation , or excommunication . but this pretended assembly hath besides all these inforced her acts with armes , and all manner of violence both against the persons and fortunes of such as doe not agree unto them , but continue loyall to us. by this time we hope the reader is well satisfied that we have been from time to time well acquainted with , and rightly informed concerning all the particular passages of these troubles : for since we produce their owne originall foule and blacke acts , and the counsels which we tooke , and courses which we held for meeting with them , and hindering them , so farre as then on the sudden we could , every man will now hold their ordinarie and so often repeated calumnie sufficiently confuted , viz. that all the proceedings and proffers on their parts were quite concealed from us , that their petitions , remonstrances , and grievances were kept from us , that we understood no more of the estate of the affaires of that kingdome , then the malice of their adversaries and bad patriots were pleased to impart unto us ; that our commissioner in his severall journies between us and them never made us acquainted with the true state of the businesse , or with their requests and protestations , that he at his severall returnes did do that which he thought fittest to be done , and not what we had commanded him , or that if we did command him , our commandements were according to the information which hee had given unto us of their counsells and courses ; which information was never true nor right , but onely such as hee and the bishops had contrived for mis-informing of us : all which most wicked calumnies , invented onely to keep our people unsatisfied , as they are attended with want of truth , so they are accompanied with a most undeserved ingratitude . for we doe professe , that there was no man since the time of these troubles , who hath more zealously stood between our wrath and them , then our commissioner , and who hath more constantly laboured us to admit any probable construction which might be made of their actions , ever untill such time as they came to that height , that they could neither probably nor possibly receive any good construction ; and yet even then all his perswasions were to pardon and forgivenesse , if they should acknowledge their errours , and with a submissive humilitie returne to our obedience . and here we must needs justifie all his proceedings with them , as being punctually and exactly ordered and performed according to our instructions and commandements to him , and condemne their ingratitude to him , not doubting but ere long they will heartily wish that they had some such about us , who might solicite us for their peace and pardon so carefully as hee did , so long as hee had any hope of their amendment . the same course which they held with him their owne countrie-man , they held likewise with some of this kingdome of great place , especially some of the prelates neere us , and intrusted with the greatest businesse of this church and kingdome : for , during the time of all these troubles , they have likewise slandered them amongst our subjects of that kingdome , both for mis-information of us , and giving us counsell and advice to shunne all waies of peace ; whereas we must professe that those prelates , whom ( in their last seditious and treasonable information to the good christians of england ) they have traduced for their greatest enemies , & chiefly some of them whom they especially glance at with our cōmissioner , have bin their greatest friends , their counsells were alwaies counsells of peace , and their solicitations to us were vehement and earnest for granting unto them those unexpected and undeserved favours , which we were graciously pleased to bestow upon our people , published in our proclamation at edinburgh the . of september . and afterward made good to them in our name by our commissioner at the assembly in glasgow : these prelates and our commissioner advising us rather to condescend to these particulars , then to be put to the effusion of any drop of our subjects bloud . but the miserie and misfortune of many of our well meaning subjects in that kingdome , hath in all this businesse been this , that they trusted the mis-informations of their leaders , even in those things of which their leaders themselves did not beleeve so much as one word : such were their false reports of our inclination to poperie , of our intentions never to hold an assembly , although we had indicted it , of our intention of never performing any thing in that assembly which we had promised in our gracious proclamation of the indiction of it : all which false reports we have since sufficiently confuted by our commanding the renovation of the subscription of that confession of faith which cannot subsist with poperie , by our indicting a free generall assembly ( the freedome whereof they quite destroyed by their proceedings both before it and in it ) by our making good in that assembly ( such as it was ) all our gracious promises ; and therefore we cannot now but hope and expect , that all our good and loyall subjects of that our ancient and native kingdome will , by their former experience of the falshood of their seducers and leaders , learne to give no trust or credit to their posteriour and new mis-informations , which by their last seditious pamphlets printed or written , and by many intercepted letters we find to be these three especially , but all of them most notoriously false . first , they goe about to perswade our good subjects , that we intend an invasion of that our kingdome : but they must have a great power over the faith of such as they can make beleeve that a king would invade his owne kingdome : invasions made by princes of other princes dominions have been usuall ; but for a prince to invade his owne kingdome is a prodigious untruth . but they tell our people that we are coming thither attended with english troupes : we wonder if they should bee affraid of them whom our people in their pulpits , and elsewhere , have been made beleeve were all of their owne partie , and would take armes with them in their defence against us. but the truth is , these english troupes goe along to secure this our kingdome of england from invasion by them , which they have so frequently threatned ; and if for the securing of our person they should offer themselves to bee our guard wheresoever we goe ; what doe they else but shew themselves to be true and loyall subjects , and lay an obligation on us to continue in our breast that full assurance of their loyaltie and fidelitie towards us , of which we have alwaies by unanswerable demonstrations been fully perswaded ; as also upbraid the disloyaltie of many of our subjects of that our native kingdome , amongst whom they are loath to trust us without offering their persons to be our guard ? but these two things we doe desire all our good subjects of that kingdome firmly to beleeve : first , we are confident that we shall not much stand in need of english troupes to chastise the heads of this late rebellion , as being fully perswaded that our loyall subjects , who have all this while adhered unto us ; and our mis-led subjects , who upon this our declaration wil adhere unto us , but above all the justice of the cause of god and of us his anointed , shall be strength enough to bring those principall rebells to undergoe the tryall of our lawes . next , wee desire all our good subjects there , to beleeve that we are so farre from intending any invasion of that our native kingdome , as that according to our dutie and oath taken at our coronation , we shall by the grace of god alwaies be ready with our whole power , estate , and expense of our bloud ( if the case shall so require ) to defend that our kingdome and subjects thereof against all invasions whatsoever . for we doe at this time onely intend to reduce the principall heads of these tumults to the obedience of us and our lawes , and in case of their rebellious obstinacie , to bring them to those deserved punishments , which in such cases the lawes of that our kingdome have provided : nor can this either bee called or accounted an invasion , more then the judges sentencing malefactours to punishment , can bee called an invasion of them . the second mis-information whereby we find the heads of this rebellion goe about to keep our people from returning to our obedience , is this : they make them beleeve , that since they have not accepted of our gracious offers made in our declaration at edinburgh the . of september last , and made good by our commissioner in our name at the assembly in glasgow , that now we will certainly performe none of them : but these wicked mis-reporters speake both according to their owne deserts ( as knowing that their rebellious misdemeanours have indeed deserved no such favour at our hands ) and likewise , according to their owne desires ( as fearing that if we should make them good , then our people might and must receive satisfaction thereby ) but they doe not speake according to our royall intentions , which are to assure our subjects , that ( as we have before expressed in our preface ) their faults and disloyall courses shall not make us goe backe from any thing which we have promised in either of those two our gracious declarations made at edinburgh and glasgow , but that we will performe them all for the securing of all our good subjects from any further feares of these pretended innovations . the third mis-information whereby the heads of this rebellion goe about to continue our people in disobedience to us , is this : they would make them beleeve , that if they shall now yeeld , we doe intend to make that our native kingdome a province , and to dispoile them of all their lawes and liberties , and to give them new lawes , as if they were a conquered kingdome : a most divellish and false suggestion ; for we professe we never harboured any such thought in our royall breast , but doe intend by the grace of god to continue that our native kingdome in the government of our lawes , and confirme unto them all their liberties , and when it shall please god to translate us , to leave the same in charge to our successour . these foule but false aspersions being thus wiped off , we are now desirous to remove their grand and maine calumnie , whereby they doe at once endeavour both to disparage our just , and to justifie their owne most unjust proceedings . they give out that we have no quarrell against them but religion ; and when they are asked in what points of religion we will not yeeld to them , they doe not name any one of which they have complained in their petitions , and which in them they called innovations in religion ( for they know , that in our gracious declarations we have given full satisfaction concerning them ) but they instance in other two particulars : first , our not admitting the introducing of lay-elders into their presbyteries , and that in equall number with the ministers , and that these lay-elders shall have voices , and alwaies the casting voice in the election of the ministers commissioners from the presbyteries to the generall assembly . the second , that we will not give way to the abolishing of episcopall government . for the former , we professe that we cannot give way to it , it being a course unheard of , not onely in that church of scotland , but in any church in any age : for how can we yeeld that noblemen , gentlemen , commoners shall be made ecclesiasticall persons , which must needs bring in a confusion of these two , ecclesiasticall and secular persons , which have alwaies been distinguished ? next , how can we betray the ministers of that kingdome unto perpetuall slaverie ? for if episcopall government should bee gone ( which they intend ) and the ministers in their presbyteries shall be over-swayed by the voices of the lay-elders , what face of ecclesiasticall government can remaine , when it shall be quite pulled out of the hands of ecclesiasticall persons ? and therefore we cannot chuse but account it a great ingratitude in those ministers who oppose us , for whose maintenance as we first stood against the laitie , so we are now resolved to stand against them for their libertie . for the second , which is the abolishing of episcopall government , we professe we cannot yeeld unto it ( though it were not warranted by apostolicall institution at the first , and since by the perpetuall practice of the church of christ in all ages and places , as we hold it is warranted by both : ) first , because it is established in that kingdome , and hath ever been by acts of parliament , and is so now , and hath been for many yeeres by acts of the generall assembly . next , because of the course which they have taken to abolish it , to wit , by an assembly , holding that an assembly may abolish acts of parliament ; a proposition which must not bee endured in any monarchie : for then the convocation in england , or generall assembly in scotland , might introduce in either of these kingdomes , poperie , and the popes authoritie if they had a mind to doe so , notwithstanding the acts of parliament in both kingdomes which have ejected them , and which acts of parliament were posteriour to the acts of these ecclesiasticall assemblies , and were confirmations of what was passed before in them . thirdly , we cannot destroy episcopall government without destroying one of the three estates of parliament , which wee will not doe : but these men in an ecclesiasticall assembly , without our consent , or consent of parliament , have gone about to destroy the first of the three estates of parliament . but say that none of these things were so , yet wee would be satisfied in this point , whether our refusing of the intrusion of lay-elders , and the extrusion of episcopall government , can bee to the conscience of any man a sufficient warrant or ground for his taking armes against his lawfull king and soveraigne ? for now their very leaders , acknowledging that we have given them satisfaction in the rest , make these two the onely ground of all their armes . and wee appeale to the consciences of most of our subjects covenanters , if , when they entered into that covenant at the first , they did ever imagine that they should be perswaded to take armes against us , for these two points of lay-elders and episcopall government , if they should receive satisfaction from us in their other grievances , and feared innovations , as we have before declared . wee are confident that no such matter was then within the compasse of their thoughts : we then having fully removed those pretended feares which occasioned their covenant , wee cannot but hope that our seduced subjects will returne to their former obedience ; but for their seducers , wee know that some of them from the very first were resolved never to receive any satisfaction . this grand imposture and calumnie , with the other three , being removed , we will now declare fully and freely to all our subjects of our three kingdomes , and to all forrainers besides , the true and onely causes which doe inforce us at this time to use force for the repressing of the insolencies of such of our subjects in that kingdome as shall stand out against us ; first protesting that none of the causes before mentioned , suggested by their leaders , have settled in us this resolution , but onely these causes which now follow . first , we will never endure that any of our subjects , nay that all our subjects ( if they could possibly bee all of one mind ) out of parliament shall ever abolish or destroy any act of parliament , especially not noblemen and others assembled in an ecclesiasticall assembly : for to hold that any assembly of subjects out of parliament , or in parliament without our consent , may abolish any act of parliament , destroyeth the very foundation of government and justice in all monarchies ; and the doing of it by ecclesiasticall persons in their councells and synods , hath been the cause of infinite calamities and miserable wars and devastation of kingdomes in the christian world , since the pope and his conclave did usurp that unlawfull and unlimited power ; which , being in that our kingdome in all these late troubles practised against the expresse lawes of the same , wee are resolved to punish , unlesse the offenders betake themselves to our mercie . secondly , we are resolved not to endure that any of our subjects , without our consent , and the consent of the parliament , shall destroy any of the three estates of parliament ; which they in their late pretended assembly have gone about to doe . thirdly , we are resolved not to endure that any generall assembly shall be called but by our indiction , according to an expresse act of parliament in that case provided ; or that it shall continue after that wee by our authority have dissolved it ; and are resolved to punish them who shall doe so , as our royall father punished those who did the like at aberdene . fourthly , we are resolved to punish those who have imposed taxes upon our subjects , levied men or armes , raised any fortifications in that our kingdome without our leave , and first blocked up , and then taken our castles and forts , and by violence dispossessed our loyall subjects of their houses and castles , detaining them by force ; for all these , by the expresse lawes of that our kingdome , are acts of treason and rebellion . fifthly , we are resolved not to endure that the protestations of subjects against us , our councell , our judges and lawes , shall discharge the obedience of the protesters unto these lawes , unlesse they be admitted before the competent judges , and legally discussed before them ; the contrarie whereof hath been practised by the covenanters all the time of these tumults . sixthly , we are resolved not to endure that our subjects shall enter into any covenant or band of mutuall defence , without our leave asked and obtained , it being expresly forbidden by divers acts of parliament of that our kingdome ; for this hath been , and still is , the ground of all this rebellion . seventhly and principally , we are resolved not to endure that any of our subjects , under the name of a table , or committees of the generall assembly , or under any other name , title or pretence whatsoever , shall sit without our consent and authoritie , and order businesse of the church and kingdome at their pleasure ; and if they shall be called in question for the same by us , our councell , or judges , shall appeale from us and them , and refuse to be judged by either , alledging that they will be judged by none but by the generall assembly , which is christs owne immediate councell , and therefore hath no dependencie from , or subordination either to our councell or judges , or our parliament , which is the councell of our kingdome , and so that both church-men and lay-men under ecclesiasticall names shall exempt themselves from the authoritie of us and our lawes , and the assembly it selfe shall hold the members of it free from being judged in all matters of assembly by any but by it selfe ; which by the lawes of that our kingdome is treason , as appeareth by the act cyted in the bodie of this narration : now all this hath been practised , and is practised by those which call themselves of the table . from all which we hope it is evident , that the offences which we resolve to punish in some of our subjects , doe not concerne religion : so that the question is not , whether there shall be a service booke , booke of canons , high commission , nay , nor whether there shall be no lay-elders in assemblies , or no episcopall government , ( though we are resolved to reject the one , and retaine the other : ) but the question indeed is neither more nor lesse then this , whether we and our successours shall be any more kings of that kingdome : for if these traiterous positions shall bee maintained and made good by force of armes , then we and our successours can bee no more kings there , our parliament , councell , and judges have no more authoritie there ; so that unlesse we will give over to be king , and so betray and desert that charge wherewith god hath intrusted us , we must use that power which god hath put in our hands , and by faire , just and legall waies , to our great griefe , force them to obedience . these are the true reasons which have forced us to undertake this journey , and to make use of the armes and aide of our loyall subjects here , for the securitie of this kingdome , and safeguard of our person , as likewise of the armes and aide of our subjects of that kingdome for the same purposes . and here first we call god to witnesse what an unwelcome journey this is unto us , and how unwillingly we doe undertake it . secondly , we doe professe and protest , that as we ( like god himselfe , whose vicegerent we are ) have showne our selfe all this while slow to anger ; so now like him we shall shew our selves ready to forgive , upon the repentance of such of our subjects as have been mis-led , their deserting the heads of their rebellion , and returning to our obedience . thirdly , that we intend to use no armes against that our kingdome , but onely against some rebells in it , for their apprehension and bringing them to justice . fourthly , that such even of those who shall be apprehended , shall have their faire and legall tryalls according to the lawes of that our kingdome , without the denyall of the least favour which can be allowed them by the course of justice , if they will offer and submit their persons to a legall tryall . fifthly , that all our subjects of that kingdome ▪ who shall now adhere unto us , shall be protected and defended by us in their persons and fortunes , with the uttermost of our power : for we professe that we doe not hold it a nationall defection , but a revolt of some rebells , who have mis-led a great many of the rest , we having a great many subjects of all rankes in that our kingdome , who for their constancie in their loyaltie and fidelitie towards us , shall justly expect both protection and reward from us. sixthly , that whosoever shall goe about to make any of our subjects beleeve that this is a nationall quarrell between these two ancient kingdomes , both now being under our government , shall be punished as a disturber of the peace of both : and therefore we exhort and require all our subjects of both kingdomes , who shall accompanie us in this journey , to live and converse peaceably and lovingly , whereby as they shall doe us most singular and acceptable service , so they shall notably disappoint the heads of that rebellion , who now labour no point so much as this , to make our subjects of that kingdome beleeve , that this journey of ours bringeth along with it a nationall invasion ; and if our subjects of both nations shall keep that friendly and loving correspondence in their attendance upon us in this journey , we doe not doubt but it will be a meanes to tye them in a stronger band of love for ever hereafter , when our scotish subjects shall here see the alacritie and forwardnesse of the english , and the english shall there perceive the alacritie and forwardnesse of the scotish , both of them meeting in this point and center , viz. the defence of our person , and of our royall crowne and dignitie . to conclude : as we have found the aide and assistance of our loving subjects here towards this journey , so we doe heartily desire their prayers all the time of our absence for a good successe unto it , and that if it be possible we may returne with peace , and without the effusion of any drop of our subjects bloud : and we doe require all our good subjects of that our kingdome of scotland , especially the ministers who should bee the messengers of peace , to frame and settle our subjects minds to the courses and waies of peace , and to lead them on in the way of returning to our obedience , who doth resolve to maintaine them in the religion now established amongst them , that so we be not forced to draw our sword of justice against any of them , which in case of their obstinacie how unwillingly we shall doe , we call the king of kings to witnesse : but if nothing else will serve it must be , and their bloud will rest upon their owne heads . finis . imprinted by robert young , his majesties printer for scotland . anno . the high & mighty monarch charles by the grace of god king of great brittaine france & ireland defender of the faith. notes, typically marginal, from the original text notes for div a -e * observe that the children as well as the rest considered this . * and yet these blessed reformers of religion in england were the very same men who compiled the english service book , which the covenanters have printed and preached to be stuffed full of idolatrie , superstition , and poperie . * it is not so : for the councell never promised that the bishops should be removed from the table , but onely that they would make us acquainted with their petition . * is it not rather an offence to god , to thrust men out of their places before they be tried ? * and yet afterward , in their last instructions they injoyned the severall commissioners to bring assessors with them , who were to have no voyce in the assemblie . * the contrarie is most true . * our commissioner never heard any argument to that purpose which could convince a child . * our commissioner never accepted of it , nor conceived it could give satisfaction to any . * it doth most evidently tend to the dishonour of god. * we desire the reader to observe , that they were affraid of being overthrown in a free generall assembly , and therefore they tooke a course by these private instructions to prevent all freedome in the assembly , and to make sure that none should be chosen a member of it , but such of whom they were sure . intolerable presumption most false . * which offices were in the church of christ long before popery was known or heard of in the world . * a pretty act , that we must print nothing concerning ecclesiasticall policie and government , unlesse johnston will give us leave . * a most traiterous act , for the very terms and words of it containe high treason . * this blair is he who was expelled the universitie of glasgow by the professors there , many yeares since , for teaching his scholars , in his lectures upon aristotle , that monarchicall government was unlawfull . now for this man to be made by them professor of divinitie in the prime universitie of that our kingdome , whether we can or ought to endure it , we leave to the reader to judge . 〈…〉 * 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. foure generall considerations of the declaration . * 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 vs , but published by him at our commandement , as is plainly expressed in the title of it . * but when shall they bee proved to bee contrarie to the word of god ? * 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 . * that the supreame magistrate should as the sonne of the church onely 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 . * 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 . answer to the first reason . * the last part of the first reason is quite omitted , though in it lyeth the principall explicatiō of this first reason . * how many of them have determined so ? they know that they are not cōparable in number to those who have determined the contrarie . * most false . answer to the second reason . * 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 assembly desired it , but did ever our royall father doe so ? answer to the third reason . * 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 . answer to the fourth reason . * 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 . * 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 onely according unto it . answer to the fifth reason . * 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 . * 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 . * 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 . conclusion . anent acts of parliament . * for the cavils here made against the acts of parliament , cited in the explanation , they will be sufficiently confuted , if the reader will take the paines to reade the acts ; for then he shall easily discover that these exceptions are not only weak , but none at all . answer to the acts . anent the sixth act anent the kings oath . anent the acts . & . anent the acts . & anent the act . anent the act . and the third estate of parliament . anent the act . anent the act . anent the acts . anent the act . anent the act . anent the act . conclusion . * false : for there was not , after our commissioners leaving of the assemblie , any one commissioner from any universitie of that kingdome , which did not desert it . * false . * more false then the other , if it were possible . * false , and sufficiently before disproved * it is a wonder that men can be found who dare averre such an untruth , when the proclamation at glasgow is subscribed by the hands of our councellours : let the reader turne back to it and be judge . anent our protestation . anent our watching the castle of edinburgh . * they confesse it within eight lines after this . * true : but we , and our councell , and our judges , and the rest of our loyall subjects are the publike ; mutiners and rebels are but a private and schismaticall part , though never so many . * but not without or against the kings command ; his generall ( much lesse any lievtenant of his ) cannot do that . * all this which followeth , concerning the guarding of our castles and forts , and keeping us out of them , containeth no lesse then treason , and is not to be answered with a pen. * which the covenanters are not . * whether should the king or his subjects keep the keyes of his owne kingdome ? * but the covenanters are the worst part . * wee do not take them to be such fooles as to expect thanks from us for their proceedings ; if they do , they are like enough to go without them . * the worst and most disloyall part of all our subjects . * in what historie be these words ? is it not regi as well as conventui ordinum ? or can there bee a convention of the three estates called without the king or his authoritie ? anent our meeting and alledged councell tables . * many letters have been sent ▪ down from commissioners of shires then resident at edinburgh to them living in the countrie , requiring them to doe such things , as they would answer the contrary to the table . † but was ever that previous meeting or contention of the estates without the calling and authoritie of the king ? * most false . anent some members of the assembly alledged to be under censure . * who have made the covenanters judges of the lawfulnesse either of the judicatorie or the cause ? especially , what an intolerable presumption is it in them to judge our judicatories in ireland ? † but they know that many members of that assembly were denounced our rebells , and put to our horne , long before our assembly was thought on . anent the alledged instruments sent from the tables . * not from their publick meetings ( for they durst not for feare it should be known ) but from a cabinet meeting , consisting of them who led the rest by the nose , & whose names we know , and shal be knowne to all in due time † if it be forged , it is forged by none but covenanters , who from many severall shires in the kingdome did send copies of the same written in the same words to our commissioner and others , and yet those covenanters did not know one of anothers sending . * there was no man in the assembly who offered any such oath as is here alledged . wee doubt not but there were many members of the assembly who might have taken that oath safely , because they were indeed never acquainted with these papers ; but our commissioner ( if he had beene put to it by the assembly ) could have named many , especially some of the nobilitie , gentrie , and ministers , who could not have taken that oath without perjurie ; and since it is now denyed ; they shal be named in due time and place . * first , this ( nor the eighth ) was not published in their publicke instructions ( for it would have offended many covenanters who were both chapter-men and chappel-men ) and therefore they acknowledging it to be one of their instructions , must needs confesse it to be amongst their private ones . but a wonder it is that men should not be ashamed to avow in print this their false and partiall dealing ; for this instruction concerning chapter-men and chappel-men was only given to barre some moderate covenanting ministers from being chosen commissioners ; for , notwithstanding this instruction , master ramsey , who both was one of the chapter of edinburgh , and subdeane of our chappell , and rollock , who was prebend of the same chapter , and one of our chaplains , who duely preached his turnes in our chappell , and some others , fierce and fiery revolted chaptermen and chappel-men , were chosen commissioners , though the reason here expressed was as strong against them as against the rest . anent our going to glasgow with alledged numbers and weapons . * most false . anent our refusall of assessors , and of the bishops declinator . † it is a bold and impudent speech to affirm that our royall father kept unlawfull assemblies , especially when some of them are confirmed by parliament . anent his majesties declaration wherein it is not satisfactorie . * god never put it in their hands , but the devill , who is the author of all sedition and rebellion . * but never without the authoritie of us and our successours . † the confession of faith and band annexed , upon which their covenant is grounded , were injoyned at the first only by the authoritie of our royall father and his councell , and so these books were commanded by as good authoritie as those . * it may not ; and the holding of the contrary is a false and jesuiticall position . * a fearefull proposition in deed it is , to hold episcopall government to be an uncontroverted government , which hath continued in the church ever since the time of christ and his apostles , without the least suspicion of controversie until within these few yeeres . * but they do not declare all the truth ; for of twenty lords of the session , onely foure did it , but the rest who were present did the contrary . anent episcopall government , and the other generall reasons . * the reasons contained in that act are infallibly false . anent his graces intention to returne . * most false . anent our sitting still after the commissioners discharge . * that assembly is but one instance and a very reprovable one . the ministers of the pretended assembly at aberdene did the same , and were most severely punished for it . anent our cytation of councellours . anent the injunctions and proclamation , and our answer thereunto . a they should do well to try if they can answer it , and the queries of aberdene better ; for the common opinion is , that neither of them yet are answered at all . b all these texts of scripture are prophaned and abused ; for no such thing can either possibly or probably be inferred from them . * it is well that they will cite the pope his law whom they call antichrist ; for when any thing is objected against them out of the canon law , it is usuall with them to reject that as popish and anti-christian . † nay , but the pretended assembly hath erected a popedome , and for their authority goe upon the same grounds , and use the very same arguments , and abuse the very same places of scripture which the pope and the learnedst patrons of the pope doe for robbing of princes of their authority over all ecclesiasticall persons , and causes in their severall dominions : the words which next follow are meere babling . * by the greatest , but the worst part of the kingdome . * the sentences of this pretended assembly were most unlawfull , light , and mad sentences . * it seemes indeed that these reasons are wrapped up in a cloud , for both they are so dark as they cannot be discerned , and they doe portend a storme , but have no weight in them at all . a these particular protestations are the very same formerly made by them , and so often repeated even unto tediousnesse ; and therefore the reader needeth not to be troubled any more with them . mock poem, or, whiggs supplication whiggs supplication colvil, samuel. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) mock poem, or, whiggs supplication whiggs supplication colvil, samuel. pts. ([ ], , [ ]; p.) [s.n.], london : . first edition. part has special t.p. and separate pagination. an imitation of butler's hudibras, treating of the insurrection of the covenanters in scotland during the reign of charles ii. published later under titles: whiggs supplication, and the scotch hudibras. reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng butler, samuel, - . -- hudibras. covenanters -- poetry. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion mock poem . or , whiggs supplication . part i. london , printed in the year , . the author's apology to the reader . christian reader , verses are like ladies faces , good or bad , as they are fancied ( saith don quixot ) and mock poems , which bite not , are like eggs eaten without salt ( saith another of the same metal ) that is , whose tongue was a great deal wiser then his head. in those following lines i am more tart to none then to my self : and therefore i may be excused if i tell in rhime how some used me in prose ; i speak truth which is expedient to be known , and therefore no lawyer will aver i transgress the law. with all the world beside , i am like a blind man , dealing blows , not knowing whom i hit ; if any shall challenge me that i touch them , i will answer , that i knew not so much before they informed me , as answered that famous satyrist to a noble roman , who expostulated with him for smiting him in a poem . i am many wayes wronged : and first , by transcribers , who stealing copies of my lines , have transmitted them every where , like pictures on the wrong side of arras hangings , spoiled with thrumbs and threeds , or like faces disfigured by the pox , great or small , as ye please : or like sermons repeated by children and serving lasses in a presbyterian family-exercise , or like-one of bishop andrews sermons re-preached the other day by an expectant , in his episcopal trial for the ministery . i am , secondly , wronged by false copies , and that by men either malicious to bring me to trouble , or ignorant , not apprehending my scope , who in stead of mending my lines , have marred then all . and who striving to pull me out of the mire , hath thrown me into the well , not to wash me , but to drown me : or into the fire , not to dry me , but to burn me . thirdly , i am most of all prejudged by the late dutch war , which occasioned the bringing in of such superfluity of brandie , which entering the brain of some of the worshippers of bacchus , hath there hatched glosses of my lines , like that of orleance , destroying the text. those brandy-interpreters may be compared to children espying shapes and figures in the fire ; or to those who are giddie with drink , imagining apparitions in the clouds ; or to old wives commenting on merlins or rymers prophesies ; or to bad divine expounding the revelation , who obtrud groundless fancies upon the ignorant multitude , for evangelical truths . if those gentlemen hit my meaning , any censure is too little for me ; if not , no punishment is too great for them : and that for two reasons . first , because they apply passages of my lines to men of honour , of whom ( god is my witness ) i did not dream . secondly , because they make the world believe i am biting those whose wounds i am licking , given by the biting of other dogs . these things considered , it is easie to answer all which is objected against me . and first , some of the society of gotham colledge had an intention to burn my lines , because i bring in whiggs speaking too boldly in the supplication , and else where . but i answer , if those gentlemen speak as they think , i commend their zeal , but not their wisdome ; and who ever shall take the pains to burn them for witches , will lose both coals and labour . i demand of them , if one should pen a play of the powder-plot , and bring in the conspirators , exhorting each other to blow up the parliament-house , who will tax the author of treason ? or who will tax the psalmist of athiesm , for averring , the fool hath said in his heart , there is not a god ? all not meer ignorants know it is permitted to poets , good or bad , to personate a discourse , that is , to bring in rebels speaking treason , and athiests blasphemy ; and why may not i , a poetaster , or poets ape , bring in fools speaking foolishly , and wise men wisely , and yet be neither a wise man nor a fool my self ? and if i be neither , i must either be a mix'd man , or else nothing . and in effect some call me a mix'd man , others nothing : but since those who call me nothing are highly offended at me , they mus● of necessity confess they are offended at nothing : i am more charitable to them , i think they are something . what sort of thing it is , all the world knoweth , what ever it be it is worse then nothing . they object , sccondly , that without authority i have imposed a grievous taxation upon the liedges , in exacting five dollors for every copy , which may be called treason . but i answer , since i charge them not with horning to make payment , the worst they can call it is but begging , which it is not , but a nameless contract , do ut des . and at first i did not dream of taking money for those lines , until some known bitter enemies to the presbyterians enforced each of them five dollors on me for a copy : they told me , i might as well take money for rhime , as ministers and lawyers for prose , and physicians for nothing , and worse then nothing ; some pleading , preaching , and curing ( it is true ) deserves money a great deal better then my lines : but it is as true , that some of all three deserves it worse ; if my lines do no good , they do no hurt to the souls , bodies , or estates of any . secondly , i demand money of no man , yea , i refuse it when it is offered , not in jest , until they make it appear they offer it in earnest , which they do many wayes ; some throw money on the ground , some on the table ; some tell they 'l have none of my lines , except i take their money ; some say i undervalue them , when i refuse their money ; some say , they are abler to give me money , then i am to want it ; some bid devil break their neck if i take not their money : some bid god damn them if i take not their money : yea , i can instruct , that a sea-captain offered to strike off my head with a shable , if i resus'd his money : but the more moderat put money unaworse in the pocket of my coat , which many think i keep unbuttoned of purpose . mistake me not , reader , i am not instructing how money should be offered , but how it should not be offered , lest i take it . thirdly , that i am not avaricious , appears by my vowing to take no money from ministers and ladies , but they say i take gold. but i answer , they cluded my vow by equivocation , putting gold unaworse in the neck of my doublet , and then run away , and i following to restore it , stumbled . they instance i stumbled of purpose that i might not reach them : but they are still mistaken , for a lady having used me so , i followed her to her chamber , and when i endeavoured to return her gold to her pocket , her maid ( mistaking my meaning ) thinking perhaps i was searching for the wrong pocket , tax'd me of incivility ; so i was necessitate either to keep her gold , or else be thought uncivil to a lady : let any indifferent man judge which was the least of the two evils . however , reader , tempt me not with gold , except thou be in earnest . it dazeleth the eyes of the wise , and therefore no marvel it blind those of a fool . the third objection against me is , that some affirm i am a bad poet. but i answer , that nothing can more offend a poet and a fidler , then telling them they want skill : if in effect they be unskilful , as i am ; and therefore no marvel if i reply in a fury that it is most true that i am a bad poet , and yet they are notorious liars in avering it , because they do so out of malice , not knowing whether they speak true or false . all the world knoweth they never made a greater progress in poesie then the making of an aie-house roundelay , and that a bad one . it were base in me to upbraid them with want of skill in their own professions , in which they brag they have such insight ; as to one of them , a physician , that he took the piss of a ston'd-horse for that of a woman with child : to another , a mineralist , who laid a wager of ten dollors , a piece of brimstone was a piece of silver ; to a third , a palmester , to whom , when a boy in girles apparel was brought in to him to have his hand viewed , superciliously pronounced , the girle would have three husbands , bring forth nine children , and die of the tenth . it were most base in me to tell them they are fit for nothing , except some will take them on to be tasters of drink : neither are they fit for that but in the morning , for in the afternoon many times they are in the category of plants that is without sense and reason , having the use of no soul but the vegitative . i could instance other things of that nature , but i forbear , lest the persons be discovered . secondly , to be a bad poet may well be a shame , it is no sin ; neither is it a shame for me in this first essay , withal my intention is to make men laugh , and not to vex them : but bad lines many times causeth more mirth then good ones . where one laughs at the poems of virgil , homer , ariosto , du bartas , &c. twenty will laugh at those of john cockburn , or mr. zacharie boyd . what hypocondriaque would not presently be cured at the reading of those lines . there was a man called job dwelt in the land of uz , he had a good gift of the gob , the same case happen us . or of those , absolom hang'd on a tree , crying gods mercie : then joab came in , angry was he , and put a spear in his arsie . or of those of john cockburn . samuel was sent to france , to learn to sing and dance , and play upon a fiddle : now hee 's a man of great esteem , his mother got him in a dream , at culross on a girdle . for my part , if i were a great man , i would sooner give gold for such lines , then copper for all the heroick oracles , of seneca's tragedies . if any have more to object , let them impart it to me : and if i cannot excuse my self in reason , i am willing to satisfie the law , i think it very strange that some grave and reverend men , should so wrongtheir conscience to traduce me , since without hurting their conscience they may speak so much evil of me and not lie , as i may likewise do of them . in the end i give the argument of a second part , which will prove as harmless as a whitred without teeth , except some shall be pleased to call ears horns . one word more , reader , and i shall trouble thee no further ; when thou hast perused my lines , and found them a cheat , it cannot but vex thee that thou hast bestowed thy money to no purpose . but i intreat thee to consider that the only remedy is to conceal the cheat , by commending still my lines to others , that thou may laugh when they shall be cheated as well as they self : in doing of which thou shall be a more christian liar then those who undervalue my lines , albeit they understand them no more then they do the prophet ezechiel , as appears by their commentaries on that propher , ready for the press , if they were once dead . farewel . s ▪ c. mock poem , or , whiggs supplication . part i. argument . aster invocking of the muse , as many learned poets use : next is describ'd the time of year when whiggs in armour did appear , the good-man's person , and his weed , his armour , lady , squire , and steed , dog , and pigeon , and his mind all allegories , where ye find clothed with many a sensless word , mysterious things , not with a turd : as said one in a reverend coat , or else he understood them not . as lately , when he scripture-vext , he forc'd was to say off his text : and then ye have a supplication greatly misconstrued of the nation . at first they dispute how to mend it ; and then advise by whom to send it : where knight and squire each other thump , as did de ruyter and van trump . who ever thou art , muse , who dost make by force of brandy , ale , and sack , some who both words and matter want , admired of the ignorant : in whom sagacious noses snuff ; nought worth but plagiary stuff , by which they purchase praise and money , when bees have toil'd , drons eat the honey . inspire me with poetick surie , that i may likewise favour currie : vvith all men to augment my pack , by making lines not worth a plack : some of eight syllabs , some of ten , some borrowed from other men : as cleveland , don , or tass divine , some ill translated from marine ; some oedipus cannot not unridle , some sounding like a blind mans fiddle , observing neither tune nor time , some nonsense to make up the rime . though i speak true , or false , no matter , if i traduce , some others flatter , so sundry men were us'd of late , as they were on or off the state. grant that i may curb all backbiters , of surplice , high-sleev'd gowns , and miters , and church-governing paradoxes , of calvins followers , and knoxes . in mystick allegorick tone , scarce understood by any one . grant me to scold , revile and prat , shame fall me , if my self knows what : when rhime bursts out from breast inrag'd , like turds from puddings overcharg'd ; some galling , other some to laughter , moving like parrat when it 's taught her . hoping my prayer thou wilt hear , o muse ! have at the time of year ; when whiggs from lurking-holes did sally , and in the open fields did rally . it was about the time when oysters abound so with venereous moystures , that they are used even and morn by those that do their neighbour horn ; which doth their prices so inhance at englands court , and that of france , that oyster-wives have money ready to make their daughter somtime lady : as doth appear by one of late whose son-in-law bore sway in state. when snow makes dikes and mountains white , when folks by physick seldom shite , except there be some pocky reason ; when mutton weareth out of season , in stead of which , at every meal , when men eat rosted hens and veal . and those at forth eat garvie fishes , then fittest to be serv'd in dishes ; which to the pallat pleasing proves , like adriatique gulph anchoves . when that the blak bird hoarsly whistles , when trouts and abercorn mussles are stark nought ; when that the swallow lyes sleeping in her own tallow , within some sub-terranean hole ; when under the antarctique pole there is no night , under out other , a man cannot discern his brother , it is so dark ; when summers heats scroatcheth the magellanique straits , and burneth up the corn and hay about the caput bonae spei : if that be tedious to remember , it was in januar , or december , when i did see the out-law whiggs ly scattered up and down the riggs : some had hoggers , some straw boots , some uncovered legs and coots : some had halbards , some had durks , some had crooked swords like turks : some had stings , some had flails knit with eel and oxen tails : some had spears , some had pikes , some had spades which delved dikes : some had guns with rousty ratches , some had fiery peats for mitches . some had bows , but wanted arrows , some had pistols without marrows ; some had the coulter of a plough : some syths had , men and horse to hough : and some with a lochaber ax , resolv'd to give dalzell his paiks . some had cross-bows , some were slingers , some had only knives and whingers . but most of all , believe who lists , had nought to fight with , but their fists : they had no collours to display , they wanted order and array : their officers and motion-teachers were very few , beside their preachers . without horse . or artilzery-pieces , they thought to imitate the swises ; when from navar they sallied out . tremovile and brave trivulce to rout . for martial musick , every day they used oft to sing and pray ; which hearts them more when danger comes , then others trumpets and their drums . with such provision as they had , they were so stout , or else so mad , as to petition once again , and if the issue proved vain , they were resolv'd with one accord to fight the battles of the lord. upon their head march'd the good-man , like scanderbeg , or tamerlane . dame nature straind her outmost care , to mould him for a man of war : a terrible and a dreadfull foe , as doth appear from top to toe . the shape and fashion of his head , was like a con , or pyramid : or for to speak in terms more groff , was just like suggar loaf : or like the head of rob the cripple , or like the spear of magdalen steeple : or like the bottom of a tap , or like a furr'd muscovia cap. they who the south-east countries haunts , affirm such heads have turkish saints : which as some learned writers notes , are here with us call'd idiots . because long hair the wit dot dull , nought was between heaven and his skull : his ears was long , and stood upright , which did so well become the knight : that at some distance he seem'd horn'd , his one eye was with pearl adorn'd ; his other eye lookt so a-squint , that it was hard to ward his dint : from thence down to his mouth arose a mountain rather then a nose ; upon which savage beasts did feed , as worms , and selkhorns , which with speed would eat it up , but he begins in time to pick them out with pins . his lips were thick , his mouth was wide , his teeth each other did bestride : his tongue was big , though well he meant , he was not very eloquent . his beard was long , and red , and thin , making a ball-green on his chin : as trees do sometime in a wood , where horse and oxen gather food : his arms were stiff like barrow-trams , his hands were hued like reisted hams : at finger-ends he never fails to have the king of babel's nails , which sooner then a knife , by half , will cut the throat of sheep or calf . when he , not loving to be idle , turns cook to any peny-bridle . they scrape up works about his leagure , a great deal stronger , and far bigger then those made by don pedro saa , when spinola besiedg'd breda . he had a lump upon his back , which some took for a pedlers pack : but other some did it suppose . a bagg which kept his meal for brose . but neither conjecture was good , it was a lump of flesh and blood. his womb stood out an cln before , as far behiud his bumm , and more : when overcharg'd , it made a sound , which did like earthquake shake the ground . with which , as sentrie , when he sleeps , his cloaths from mice and rats he keeps ; which to his pockets swarm like bees , finding the smell of bread and cheese , which several times the fainting knight doth take for cordials in the night . but when the beasts do hear the thunder , they 'r so amaz'd with fear and wonder , that to the gate go mice and rats , as fast , as if pursu'd by cats . was never man in those dominions . about whose legs were more opinions . first , there are many who avow . they are like an inverted v. and other some do stiffly jangle , that they and thighs make a quadrangle . some think , that thighs joyning , they gape , in circular , or oval shape : and other some are , who avouch then semi-circles in a touch . and other some , there are who tells , they 'r semi-circles paralels . but those who on them better looked , say one was straight , the other crooked : not as in touching they did make , that famous angle of contact . which euclids demonstration shows , if in their juncture ye put straws . the truth is , they in every thing , resemble do a bow and string ; the one straight to the other bending , is like a chord an arch subtending : in which schem , if ye draw some lines , ye may have secants , tangents , sines , which ale-pot measuring much enables , by help of logarithmique tables ; which questions soonest do decide , for by substraction they divide , and multiplieth by addition , as now doth popish superstition , which multiplieth every day , having some added to its way . their entry to that church is fine , they re-baptize them all with wine , which their apostles think far better to wash away mens sins , then water . now all 's describ'd to feet and toes , which i could not see for his shooes : some say , his toes , who saw his feet , resembled an alphabet , greek , syriack , or arabick , or breviations stenographick ; which they do counterfeit like apes , with great variety of shapes . you may believe it as your creed : such was his armour and his weed ; he wore a pair of pullion breeches , a yellow doublet with blew steeches , a long black cassock over his ars , as he had been the fool of mars : he had on each leg a gramash , a top of lint for his panash , which bravely flourish'd in his crest , a folded cloak for back and breast . a glove of plate , which once was worn by black dowglas at bannockburn . for head-piece , a cowl lin'd with iron , which did his temples so inviron , that it would cost a world of pains for any to beat out his brains . a blunderbush hang'd at his back , of terrible report and crack ; as have a lower tire of guns , shot from a ship of many tuns . a horse he never doth bestride , without a pistol at each side : and without other two before , one at either sadle tore . but now when he hath much ado , he hath one in each pocket too . a sword which woundeth deep and wide , a target of a seven-fold hide : a very strange enchanted lance , whose touch makes men from sadle dance as sometimes of old did another , belonging to angeliques brother , and after to the english duke , as mentions ariosto's book . and thus with more arms he doth ride , then other twenty had beside . whether he gain the day , or tine , he never misseth to kill nine : as doth appear to all who reckons , justly the number of his weapons . among ten thousand , all alone , with every weapon he kills one . some say , he used to take lives with whingers , and kilmarnock knives : but he thinks that belongs to boutchers , and others , like damaeta's coutchers . for when with any he doth swagger , he seldome useth knife , or dagger : except they come in wrestling terms , permitted by the law of arms. the laws of knighthood he doth keep , not killing men like calves or sheep . i ask'd at several who he was , some said he was sir hudibras , deceived by his boulky paunch : some said don quixot de la maunch , which was more like then was the other , in many things he was his brother . first , in his head were many fancies , bred by the reading of romances . he thought before the day of doom the covenanters would burn rome , and trample down the man of sin , he thought the work he would begin , and to the glory of his nation , accomplish all the revelation . prat what they please in popish schools , hammond and grotius were but fools , who say , it is fulfil'd already , must think they prayed to our lady . they aim'd at reconciliation , between the pope and every nation . all other things they could pack up , if ye take not from them the cup : and they had reason , for in truth , some think they had a burning drouth . next , like don quixot , some suppose , he had a lady del to bose , who never budged from his side , upon a pair of sodds astride : by whose sole industry and care , he manag'd all the holy war. we read in greatest warriours lives , they oft were ruled by their wives , the worlds conquerour , alexander , obey'd a lady his commander , and anthony that drunkard keen was rul'd by his lascivious queen . king arthur for his vvifes sake , winkt at lance lot du lake , though to his opprobry and scorn , he cherisht one himself to horn . they say , that now are many others who in that case are arthurs brothers . so the imperious roxalan , made the great turk john thomsons man. another warriour , all his life was also ruled by his wife : albeit before their death arose some strife between them for her pose . thirdly , like quixot , he a squire , had zancho call'd to whet his ire , when in a fury he did wrestle with giant , or inchanted castle . or like don quixot with wind-mills , or with dalzel at pentland-hills . or when , like perseus , he was ready to fight a monster for a lady : being victorious in the strife , he still refus'd the nymph to wife ; and that with such a modest grace as fames knight did the heir of thrace : to which squire , the bounteous knight promised either man , or wight , gernsey , or jersey , or some isle , with a lord governours style . when he should beat his foes asunder , and bring the whore of babel under . lastly , on quixot's rozinant he rode , who took the covenant . as many think , none of the nation could make him take the declaration . some endeavour'd to have the horse proclaimed rebel from the cross , which though they did with open throats , the horse eats still his hay and oats : not dreaming that in any thing he country did offend , or king. the wisest lawyers of the nation , advis'd him to make appellation ; because it was against all reason to condemn a beast for treason ; which reason , at a tippling can , had sav'd his master the good-man : if after his rebellious journey , he had met with a king's atturney , vvho could by law and reason show , he greater beast was of the two . or with another , who for riches stood for incestuous vvhoors and vvitches or any other , whom ye list so they did well anoint his fist . beside his horse , he had a dog , so us'd to traverse hill and bog , that he became of scent so cliver , as to miss neither hare nor pliver . he turns himself in horse or hog , as monseur did agrippa's dog ; to find by his sagacious nose , the counterploting of his foes . he treads the back-scent , brings a glove , and carries letters to his love : he is a fierce dog , yet most civil , kills fish , whose livers frights the devil . he barks at anabaptist , quaker , papist , and declaration-taker : but he will gently fawn , and stand to lick a covenanters hand . beside his dog , he hath a pigeon , most do not know of what religion : she was the same , as many fear , which once eat pease in mahomets ear ; vvhich , when she did , the carl did boast , that he spoke with the holy ghost . his epilepsie for to recover , if once imploy'd , she doth not hover ; but will make the whole worlds tour , and come again within an hour : sometimes she his orders carries to the azores , and canaries : as quarter-mistriss , to ordain , in which the first meridian should lodged be , for calculation of longitudes in navigation . sometimes he sends her in embassage out through the north-east indian passag● to tell the great tartarian cham , a piece of a west-phabia hamm is better meat , when hunger nips , then collops off live-horses hips : that we who here drink sack and brandy , well tempered with suggar-candy , a great deal better then he fares , who drinks horse blood , or milk of mares sometime to peru , and to chilly she goes , to tell our prophet lilly forefeeth neither good nor evil , abandon'd by his arctique devil ; whom the late great frost did compell to run and warm himself in hell. that she might bring from thence a spirit of greater foresight , and of merit , for to assist the great diviner the better for to win his dinner . sometime to turk she goes , and sophy , to tell their water and their cophy , and their severe slighting of wine , makes them so with the collick pine ; which torment is with them so rife , it cost mahomet the great his life ; for when the collick he did take , and did refuse a cup of sack , he worried on a windy bubble , and fred the world of meikle trouble . if they'i drink wine , they need not fear their prophet , for his thousand year are now expired , all in vain they expect his return again . thus of his person , armour , vveed , his lady , squire , and of his steed , dog , and pigeon ; for his mind , he leaves all mortals far behind . all things created he doth know , in heav'n above , and earth below : he solves the questions every one that sheba's queen ask'd solomon : or any other knotty doubt , that can occur the world throughout . neither doth he prat and bable , like pliny painting out a fable . at first , he makes a clear narration , and then backs all by demonstration . he knows whether the great megall doth drink out of his fathers skull , or if he make a chamber-pot of that of king of calcecut . if it be prov'd by any man that he is come of tamerlan ; or if he keep tobacco cut in tortois shell , or coco nut. if the balm and franckincense-keepers , by ratling , drive away the vipers , vvhich with such ardor haunts those trees , as with us garden-flowres do bees : or if they do those serpents choak , as easterlings their bees do smoak : vvhich made two great wits , as men think , spend too much paper , pen , and ink. if ichneumon and crocodile do fight in niger , as in nile ; or if we ought to believe them , vvho say , melchisedec was not sem ; vvhich raised once a fisty strife between a preacher and his vvife . if any man yet ever born did see phenix or unicorn ? if there be a philosopher stone ? if men who have no leg but one , vvith broad soles , which by toures . defends their heads from sun and showres ? if the emperor prester john be the off-spring of solomon ? if those who lately conquer'd china , be the brothers-sons of dina ? who to those north-east parts were turned , when assur's king samaria burned . if romes founders wolfs did suck ? if job in edom was a duke ? if captain hynd was a good fellow ? if wallace beard was black or yellow ? which raised once a great discord between a western laird and lord. if rosted eggs be best , or sodden ? if james the fourth was kill'd at floden ? which made two school-men borrow swords , that they might fight after big words . if sword , or surfeit moe men kill ? who had the better at edge-hill ? which made two ladies other jeer , a round-head and a cavaleer : both harped so on the seen ruffle , that it turn'd to a scratch-eye scuffle : at last both conclude to agree , both of them vowing secresie . where meets the brethren of cross rosie ? what sums the spaniard in potosie gains yearly by their silver-mines : since thirty eight who wins or tines . he knows the price of jewels and rings , and hidden causes of sundry things . as of the compass variation , of nile and nigers inundation . vvhy ireland wanteth toad and snake , vvhy some men white , and some moors black . vvhy regulus eye makes men leave breath . vvhy spiders bite , them dance to death vvhy men tarantula do not fear , but at some seasons of the year . vvhy devils musick do not please : vvhat sort of thing is ambergrease , if iron magnes , or it iron attract ? if sea or land inviron that frozen great magnetick rock , under the pole , where what a clock there cannot be made any trial , the one year 's half , by phaebus dial ? by the seas motion he doth find a north-east passage to the inde : another he finds by the north-vvest , vvhere davies freezed to his rest : vvhen icy mountains did occurr , and stopt his course to mar del zurr : but he hath found a brave device , that he may free those seas from ice ; he empties all the vvater , syne he fills the place with brandy-wine , vvhich hardly will congeal with frost , if vvhales turn drunk , and fishing lost ; yet lose we not by that device , for vvhale oyl we get indian spice . all other ways are but a cheat , to fetch some money from the state. it 's wonder they have sharkt so much . both from the english and the dutch. he prov'd , on perill of his soul , presbyterian-rule by paul. he thought , none but a foolish man made antichrist the son of dan. he thought by the apostles meaning , voice negative , and sole ordaining , vvas the very mystery of antichrist's iniquity , vvhich near his own time did begin to usher in the man of sin. he thought , if bishops had not been , a pope of rome had ne're been seen . but now he thinketh church government a thing of small , or no concernment : as ready as any ever born for bishops , if he had not sworn . if dutch and english truth report , he knows about th' amboyna fort , if those two indian ships were sunk , and burnt by dutch , when they were drunk . vvho first began the vvar in guinie , vvhere holms and ruyter play'd at pinie . if groundless jealousies and fears yoaks dutch and english by the cars : or if it be the indian trade tha doth produce effects so sad . he 'l tell in indian pedlers faces , vve dearly buy their cloves and maces . the vvar draws blood and money forth ; more then the indian trade is worth . he thinks the vvar formented be by romish craft and policie , vvhich rents the dutch and us asunder , to bring reform'd religion under . vvhen both are broken , and brought low , like pitchers by a mutual blow ; then they 'l force up the pope again , and make both serve the king of spain : vvho in the jesuits fantasie the worlds temporal lord will be ; and meagre those who countermine them . the pope and he will rule between them : the world in two monarchies , he with his sword , he with his keyes . if dutch and english popish were , they would be popish every where : so conclave fathers do conclude , but such conceits do oft delude . he finds by perfect demonstrations the roots of all compos'd aequations . he finds new ways to poyson cats , of mudd he serpents makes , and rats . he finds the longitude of places , makes bag-pipes with concording bases . he finds two means proportionals , vvhich great wits sometime inthrals . in virtuosies conventicles , excentricks , orbs , and epycicles he finds to be fantastick fictions , forg'd , to palliat contradictions ; vvherewith the late star-gazers notions have involv'd the planets motions . to determine he dare venture , the sun to be the vvorld's center , to hold the candle in the middle infix'd , while to pythagora's fiddle still firmament , with twinkling eyes , the earth and planets dancing sees . he squares , circles , doubles , cubes , makes most admirable tubes ; if he at dover through them glance , he sees what hours it is in france ; as he hath prov'd by frequent trial , on steeple , clock , and sunny dial : he reads with them another while letters , distant twenty mile ; dutch , or scots , i know not whether , the one is as like as the other . if he once level at the moon , either at midnight , or at noon , he discovers rivers , hills , steeples , castles , and wind-mills , villages , and fenced towns , with foussies , bulwarks , and great guns , cavaleers on horse-back prancing . maids about a may-pole dancing , men in taverns wine carousing , beggers by the hie-way lowsing , sojors forging ale-house brawlings , to be let go without their lawings , sturrs in streets by grooms and pages , mountebanks playing on stages . wild boars strouting out their bristles , black birds striving who best whistles , throats of larks trumpeting day , falcons beating down their prey , hare and deer crossing bogs , followed at the heels by dogs , asses braying , lyons roaring , owles screiching , eagles soaring , foxes roused from their den , monkeys imitating men . gardens planting , houses bigging , states and princes fleets out-rigging ; antick fashions of apparels , states and princes pitching quarrels : wars , rebels , horse races proclaim'd at several mercat-places . capers bringing in their prizes , commons cursing new excizes . young vvives old husbands horning , judges drunk every morning ; augmenting law-suits , and divisions , by spanish and by french decisions ; courtiers their aims mising , chaiplains vvidow — ladys kissing ; men to sell their lands itching , to pay th'expences of their kitching . frequent changes , states invading , pulpits forcing , and perswading ; great jarrs for cloves and maces , for bishops , lordships and their graces : lords in stews , missing purses , vvhile pages make their ladys nurses : preachers contradicting fast this year , what they preach'd the last ; making in their conscience room for a change the year to come ; some seeking bishopricks in vain , vvishing presbytry again ; lawyers counsels at such rates , that they cost men their whole estates : vvhat money men puts in their hands . to get half back , they give their lands : physicians cheating young and old , making both buy death with gold : not vers'd in aesculapius wayes , indicative and critick dayes they make too late , or else too soon , not knowing the motion of the moon : factions in families and towns , ground manur'd by countrey clowns , in meadows , corns , grapes , apples , outbraving lombardie and naples ; priests diseased of the riples , hirpling through the streets like criples , physicians spoiled with the pox , hiding their noses with their cloaks , courtiers covering cankered faisters with curled periwiggs and plaisters , with wax noses , golden lips , with paisboard mending legs and hips , using all the art they can , that they may seem a pretty man , and free of blemish , like a priest with urim thummim on his breast : ladies speaking ranting words , attir'd like men with vests and swords , with periwiggs and long locks , some tax'd for dancing in their smocks : making frivolous excuses , men pretending to the muses ; some selling drink , some selling draff , some buffons turn'd , to make men laugh ; some publicans , some busie medlers , some turn'd horse-coopers , some pedlers ; some challenged for dreadful things , as stealing silver spoons , and rings ; having us'd many wiles before , that they might put them to the door . sundry philosophick asses by dictating , teaching classes , not taking an account again , making boys spend their time in vain . some dissipating little muggs containing universal druggs ; physicians crying out amain , where they cure one , they poyson ten . some getting oyster-boats to dreg , some making satyrs for to beg , being reduced to those wants , by several avaricious saints , who proved on them drinking , whooring . by slandring , forging , and perjuring ; at last , for all their fair pretention ; their quarrel prov'd to be a pention , vvhich having got , then for refuge , they bribe , or cheat a silly judge , by purloyning , and forbearing , to stop the cause from further hearing . there was no remedy for the evil ; all went head-long to the devil : that fathers saying is most true , penitent clerks are very few : ere any shame shall them betide , they 'l one sin with another hide . his tube in higher planets heaven , discovers many moe then seven . jove hath his gaurd , with thunder thumps , to beat down covenants and rumps : and saturu hath his pages too , vvhen he meets jove , there is adoo . it s good to some , and bad to other , it s never good to all together : for some go up , and some go down , some gets , and some will lose a crown . they say , such things will now appear in less then three and thirty year . great change of government will be , as all affirm beyond the sea : but all their practises , and wiles at this bout , will not reach our iles. all is confined to the main , and then it will about again . vve need not break our hearts for sorrow , vvhat 's ours to day , is theirs to morrow . he sees mars sending grooms in ire to set the vvorld below on fire ; raising such fury in mens breasts , that generals are made of priests , vvhich them becomes , as all avow , as well as sadle doth a sow . he sees those grooms , who sun attends , blowing on their burnt finger-ends : among whom mercury doth stand , serving the sun with capp in hand . he hath no dwelling of his own , but is domestick of the sun. phebus and he hath great compassion on arts now wearing out of fashion : yet some will flourish , they foresaw romances , and the cannon law. he sees , with venus pages are , who pimps were to the god of war : when jealous vulcan , sick of love , would needs himself a cuckold prove , like several great ones here below , though some conceal what they do know . his tube once levelled at the sky , sundry , yet hid lights doth espy ; some lesser ones , and some more gross , between the boars and southern cross ; some on pegasus his hoove , and some upon his masters love , and some upon her mothers chair , and some on berenices hair ; and some upon the serpents sting , aod some upon the eagles vving ; and some upon the rams horn , some on the beard of capricorn , and some he sees upon the bull , and some upon orion's skull , and some on nessus mortal foe , and some on cancer's meikle toe : some on the sails of argo ship , and some on antinous hip ; and some he sees upon the twins , and some upon the fishes fins ; and some he sees on libra's scale , and some upon the dragon's tail ; vvhich little bear and pole entangles , and some he sees on the triangles : some on the harp , some on the swan , some on the crown , some on the cran , some on the vvhale , some on the trout , and some upon the great dogs snout ; and some upon the virgins knees , on crinita , between her thighs , which makes her blush , and turn her look north-east , upon boote's dock : which the base clown regardeth not , but spurns her backward with his foot , and almost lames her on the knee , which barbarous incivilitie is evident to any man , by the glob of vatican . and finally , that tract of light which we see in a frosty night , and caused philosophick jarrs , he finds to be the light of stars ; which just so shining , he doth mark , as haddocks heads do in the dark . solve several questions he can , scarce solvable by any man : if number of stars be odd or even : what 's beyond the outmost heaven . if substance of the heav'ns be mix'd , if stars do move , in orbs infix'd : or , if they move , as others clatter , as fowl in air , or fish in water . since jewish sabbath is begun , and ends with setting of the sun. how that sabbath observ'd can be beyond the sixty eight degree of latitude : since antipods in sun shining , have such odds . how both sabbaths observation jumps with the sabbath of creation : the one and other question sorely puzzled solomon , in that great dispute , that between was him and that arabian queen ; or aethiopian , as some other , who make her prester johu's mother . against the late star-gazers schism , and argolus paralogism ; he finds comets are plac'd no where but in some region of the air. he finds with admirable speed their paralaxis by a threed : he finds their eyes perceive not well , or else dioptriques make them reel , and that their brain 's not worth a turd , who calls them via lactea's curd ; the same he thinks of many others , who say , they are new stars half brothers : of which last , if he espy one , he bids let gods secrets alone . he finds both comets and eclipses , but petty fortune-telling gipsies : the like uncertainty he sees in change of excentricities . but he foresees with prophets unction the effects of a great conjunction ; before the age begin again , spain shal have france , or france have spain the monarchy shall spread no further , if dutch and english hold together . and though they do great tribulation , follows a gothish inundation , spreading from pomer into scluse , in defence of the flower de luce : their mutiny for want of pay proves to the french a dismal day . then english shall say , god be thanked , the french are like fleas in a blanket , they soon skip out , as they did in , their conquest ends ere it begin . they marr all by unstable carriage , as in their old italian voyage ; when quite forsaken of their helps , they first brought shankers ov'r the alps. he doth foresee another wonder , nations in place , and hearts asunder , shall straitly he conjoyn'd in one , against the whore of babylon . and though those nations be but poor , rich kings who fornicat the whoor , shall melt before them , as the snow , when rain and south-wind makes a thaw . what men they are , he will not clatter , lest some think he intends to slatter . then all shall be serene and clear , and saints shall reign a thousand year , if not , let it not be forgotten , to hang him when he 's dead and rotten . all doubt much of the jews conversion the manner of the worlds eversion . if fire shall burn the heav'ns to embers , if separat souls their friends remembers : if those new reasons do make good the circulation of the blood : if webbs of cloth be made of stones , if pox can be chas'd from the bones ; if minerals nourish as grain , if ratts once dead can live again : and of such like resurrections , if by attractions , and ejections , men may lend , or borrow blood ; if universal druggs be good ; if satyr-makers ever thrive , if any thing which they contrive ; if there be such of any nation . vvho are not driven to desperation , giving to all , who them defends , still sorest on the finger-ends . though never wiser-man was born , he knows not how to dine the morn : no more then he sees when shall come the moment of the day of doom . the vvhiggs him circled in a ring . and he stood like a nine-pin king ; after a pause and a cough , and sundry clawings of his hough : upon his tiptocs he arose , and with his fingers wip'd his nose , and cleans'd his fingers on his breeches , delivering those following speeches . hear , o ye remnant of isra'l , who have not bow'd your knees to baal , for which ye undergo the cross ; ye gold refined from the dross ; ye winnow'd corn purg'd from the chaff , ye sp'rit of malt drawn from the draff ; who to the good cause are no shame , ye covenanters , cruds and cream ; ere one a pater noster utter , some will turn cheese , and others butter , and each will feed his hungry brother , if we shall chance to eat each other . ye who still pray for these who wrong you , god grant there be no rogues among you , as arch as any of the nation : i have caus'd pen a supplication , which must be sent unto the king , from whom some must an answer bring : i 'le read it out , that ye may mend it , and then advise by whom to send it . then answered the whole croud , bidding him read it out aloud . seeking his lunets forth , he farted , at which , they who stood nearest started ; those further off took such alarms , some cry'd to legs , some cry'd to arms : what was the matter , none could think , till all of them did smell the stink . then having hush'd their shouts and hollows , he did begin to read as follows . the supplication . sir , though there be but few among us , who bids at every word god damn us ; though we come not to martial closes , half gelded , and without our noses : as not accustom'd to those tricks , which hurts mens noses , and their pricks : although we do not rant and swagger , nor drink in taverns till we stagger , and then engage in drunken quarrels , vvhere wit goes out by tooming barrels ; where some throw stoops , and others glasses , some struggle with the serving lasses ; some throw a chandler , some a can , some strive to cuckold the good-man . some mean their elbow , some their head , some cry , alace , their shoulder-blade ; and some with spilled drink are dreeping , and some sit on a privy sleeping : some do not know at whom they 'r striking , and some are busie pockets picking : some have their hair with fingers freezed , and some cry out , they 'r circumcised . some have their faces and their throples all scratched with tobacco stoples : some coals with naked swords are hewing , and some ly in a corner spewing ; and other some get bloudy fingers , by grasping naked knives and vvhingers , vvhen they the fray intend to redd , vvhen it were better they were a-bed : and some cry , ye disturb the laird , and some cry , fy bring baily baird , a man who is obliged much unto the war against the dutch. at that they call the wench to reckon , she comes and counts up three for one , but gains not much , though she so trick it , beside her loss of burges ticket : they tell her , they will money borrow , and come and pay their shot to morrow : their officers , the other day , had dyc'd , & drunk , and whoor'd their pay . sir , though we do not play such pranks , for which we give unto god thanks ; yet we your loyal subjects are , to serve you both in peace and war , with our fortunes , and our lives ; but if our conscience , and our wives by any man be medled with , we 'l both defend with all our pith . sir , our conscience to compel , is to force our souls to hell. if we do good , and think it evil , in that we more obey the devil , then doing ill , which we think good , if holy writ be understood . sir , we have been sore oppressed , our wives and serving lasses sessed , either to give beyond their reach , or else hear some hirelings preach : who preach nought else , but rail and rant against the holy covenant : and yet it s known , that the nation did take it , at their instigation ; for which , of late , they were so hearty , when it was the prevailing party , that they urg'd state , as they were wood , to take some's means , and others blood : and others they compel'd to flee , and hide themselves beyond the sea : and that , sir , for no other reason , but ante-covenanting treason . but now , sir , when the guise doth turn , they preach nothing , but hang , and burn , and harry all those of the nation , who do refuse the declaration : perswading us with tales and fictions to take oaths which are contradictions ; having , for love of vvorldly pelf first taken contrair oaths themself . at the first , sir , god be thanked , vve sold covering , sheet , and blanket , and gowns , and plaids , and petticoats , meal and pease , barley and oats , butter and cheese , and vvool fleeces , for groats and fourty peny pieces ; capons and hens , and geese and piggs , oxen and horse which till'd our riggs ; and which our very hearts pierces , mastor zachary boyd's verses , dickson's sermons , guthrie's libels , bessie of lanerk , and our bibles , and learn'd religion by tradition , vvhich smells of popish superstition : to pay our fines we were so willing , which was for each fault twenty shilling : though we alledg'd for our defence , it was too much by eighteen pence . at last , we had no more to give , neither knew we how to live ; they felled all our hens and cocks , and rooted out our kail stocks , and cast them ov'r the dikes away , and bid us , jeering , fast and pray . being incensed with such harms , vve were necessitate to arms ; and through the countrey we did come , vve had far better stay'd at home . vve did nothing but hunt the glaiks , for after we had got our paiks , they took us every one as prizes , and condemn'd us in assizes , to be hang'd up every where , and fix'd our heads up here and there . once dreadful heads , sir , all did doubt them , they had so meikle wit about them . and we , who scapt those grievous crosses , did hide our selves in bogs and mosses : where we fed on sodden leather , mingled with crops of heather ; which , our hunger to asswage , vve thought most savoury pottage ; for drink , it was no small matter , if we got clear , not muddy water ; in which , we heartily do wish there be none who desire to fish ; that by the devils instigation , brings on us all this tribulation . when in that case we could not stand , we sally , sir , with sword in hand ; let men cry , rebels , till they grow hoarse , vve're subjects nev'r a white the worse . though we prefer you not to god , vvho do so , sir , their faith will nod . if government take changing tours , they will renounce both you , and yours ; as doth appear by some of late , when that usurper rul'd the state : they strove , sir , to be sent apace to abjure you in the worlds face . though some , sir , of our duniwessles stood out , like eglingtoun and cassils , and others , striving to sit still , vvere forc'd to go against their will : yet other some , as all men knows , vvho should be sent , were near to blows ; that is , at very boystrous words , putting their hands upon their swords , to make men think that they were stout , vvhen it was known the world throughout , to fight your foes , when they were sent , they alwayes took the bog a-sclent , and running from the fight by stealth , vvould then sit down and drink your health : and since they could not think , like asses , to beat your foes by drinking glasses ; it 's evident , sir , as we think , they drank your health for love of drink . yet many , sir , were disappointed , who so forsook the lords anointed ; they were not all alike regarded , some well , and some were ill rewarded : they who play'd best with both the hands inrich'd were by their neighbours lands some from their creditors got refuges some were made clerks , and others judges : some swearing their stocks were spent , strove to get down their anualrent : detaining , sir , by that extortion , the fatherless and widows portion , which usuring fathers lent to lairds , who play'd it all at dice and cards : which forc'd some lasses to miscarriage , because they could not get a marriage . but among those of stricter life , the truth-tell-colour grew so rife , that it marr'd all the charms and graces of those who could not paint their faces . but other some got mocks and scorns , by giving to their land-lords horns , and spewing claret , mull'd with eggs , between the lord protectors leggs , when they did endeavour to pray before him , on a fasting-day . some whally's bible did begarie , by letting flee at it canarie , taking it up , where it lay next , that they might read on it the text ; when cromwel preach'd with great applause the revelation of his cause : and some of them empawn'd their cloaks , and other some brought home the pox : giving foul linnings all the wite , some turn'd your friends for meer despight ; vowing you never to withstand again , without something in hand . and some turn'd ordinance-forsakers , others for grief of heart turn'd quakers : some in their conscience took remorse , crying , i 'm damn'd , till they grew hoarse , and made the standers by admira to see them take the fits of spira . to bring those troubled souls to peace , some reads alvarez helps to grace ; some sanctuary of a troubled soul , some cited passages of paul : explaining well what he did say ; some reads on mr. andrew gray : some told the danger of back-sliding , some the good of faith abiding ; some reads the cases of richard binning , some fergusson reads of kilwinning : and some them pressed very sore to hear a little of doctor more : but others cry'd , away , and tush vvith vipers in a balmy bush ? vvith blind pilots , guiding ferries , vvith toads lurking in straw-berries . his doctrine of justification drives all the court to desperation . few there are saved , as we guess , by their inherent righteousness . he hath some good among great evils , he tells of bastard getting devils of their bodies , or vohicles , their herauldry and conventicles . it 's sport to see his fancy wander in their male , and female gender . he doth so punctually tell the whole oeconomy of hell , that some affirm he is puck hary , some , he hath walked with the fairy . though intellectuals be neat , though he mean well , and is no cheat , his case is desperat and sad , for too much learning makes him mad . vve 'll read on the true converts mark , or we will read on bessie clark , or else on bakers heavenly beam , or on the lady culross dream ; which sundry drunken asses flout , not seeing the jewel within the clout . like combs of cocks , who takes no heed when they gower , or chaucer read . when they had said , and read their fill , it did not cure the patients ill : they still cry on , and howl , and mourn , their counsels would not serve the turn . no comfort at all find they can , until a grave and reverend man advise them to resist temptation , with spainish wine , and fornication . those rebels also to obey , those hirelings ceas ▪ d for you to pray ; because their stipends , and their living were at the foresaid rebels giving . they thought a man a venial sinner who left sworn duty for his dinner : yea , some of them were of opinion , they might pray for that devils minion . they would not stick for love of pelf , to pray , sir , for the devil himself : but we , in the usurpers faces , remembred you in prayers and graces ; and if we had had guns and swords , our actions would have back'd our words . our fault , sir , was , for which we moan , we thought to do it all alone . since it was only want of wit , since it was a distraction-fit , we pray you , sir , be no despiser of us , whom god hath made no wiser . royal sir , to those our times apply'd may be a poets rhimes , who coursly singeth , that a wight obeying king , in wrong or right ; if that the king to wrack shall go , vvill in like manner turn his foe : but who obey no sinful thing , do still prove constant to their king. the rhime is barbarous and rude , but , sir , the saying's rich and good ; in print yet forth it hath not crept , vve have it in a manuscript : the good-man keeps it , as we think , behind a dish , upon the bink : and yet it 's thought by many a man most worthy of the vatican . it 's worthy , sir , of your saint james that stands upon the river thames . ye'll not find saying such another , put all their guilded books together : tho with these two ye joyn in one the bibliotheck of prester john. cause pages cry it still before ye , as philip did memento mori . since then we arm for conscience sake , may 't it please you , sir , some pity take , and not by bishops instigation inforce on us the declaration , nor make us give , beyond our reach , to keep 's from hearing hirelings preach ; who last year preached oaths to take , and this year preacheth them to break : when they have forced men to take them , then first of all , themselves they break them . except god , sir , their manners mend , they 'l oath it to the worlds end . men either must foreswear themself as oft as they turn coats for pelf , or else their conscience is so scurvie , they will turn all things topsie turvie . and we will give what we can reach to keep 's from hearing those men preach , as achisons , balbies and placks , which is enough , sir , for our packs . likewise , in any other thing vve will obey you , as our king , if ye require it at our hands , vve 'll quite to you both lives and lands . nothing to fight can us compell , except to keep our souls from hell ; vvhat ever mischief us befall , or else the devil take us all . ye need not , sir , distrust , or fear , vvhen out-law-vvhiggs do ban , or swear ; it doth unto the vvorld appear , keeping our oaths hath cost us dear . vve pray god , that your majesty , and then your royal progeny , may peace and truth with us defend , as kings , unto the worlds end . vve with all duty and respect your gracious answer do expect . a debate between the knight and squire ; about the mending of the petition , and who should carry it to the king. and thus the supplication ended , the squire cry'd out ; it should be mended : being desir'd to tell the cause , first with all ten his arse he claws , and then his elbow , and his head , vvinking a while , as he were dead ; and clapping both hands on his snout , at last his reason tumbled out ; to wit , it did not move to grant renewing of the covenant . knight . at which the knight gave such a groan , as would have rent a heart of stone : and casting both his eyes to heaven , he said , not though the earle of levin were on our heads , we durst not do it , it 's base to put the king so to it : it is a most presumptuous thing , to cross the conscience of a king. some honest men did never take it ; some honest also were who broke it ; but he who breaks't against his light , let it be wrong , let it be right , by prophets and apostles leave we dar aver his a knave . on singulars we will not harp , for the apply will be to sharp . we put down bishops , to our cost , yet two or three still rul'd the rost ; some of which play'd such pranks at home , as never pope presum'd at rome . it is the simplest of all tricks to suffer fools have choping sticks . a sword put in a wood mans hand , bredd meikle trouble to the land. squire . the squire reply'd , they 'r scarce of news , who tells , their mother haunted stews . who on his brother rubs disgrace , he spits upon his mothers face . each covenanter is our brother , the covenant , of all is mother . their wit is dull , and very gross , who think where gold is , therc's no dross : where there is corn , there may be chaff , where there is malt , there may be draff : thistles with corn grow on the riggs , and rogues may lurk among the whiggs . and friars in lent may be flesh-eaters , and covenanters may be cheaters , and weeds grow up with fairest flowres , and sighing sisters may be whoors . as fruit on trees grow , so grow leaves , it s certain bishops may be knaves ; it s known to all , the devil may dwell in some of fourteen , as of twell . to blame a cause for persons vices , is one of satans main devices , by which he very oft doth make vvell-meaning men the truth forsake . but let us first the question state , before we enter in debate , vvhich of the two should bear the sway , the miters , or the elders lay. knight . the knight did pause a pretty while , then answered with a scornful smile , i tell thee , fool , i think government of church , a thing of small concernment : the truth it 's uery hard to find , it puzzleth the learnedst mind . some do the presbytry conceive new forg'd by clavin at geneve ; some say , he puts to execution paul the apostles institution , which suffered exile and ejection , the time of pauls foretold defection . some say , since bishops did appear , it s more then fifteen hundred year ; some say , that then they did begin the pope of rome to usher in : that pauls iniquities , mystery working , was men , then for precedency forking . some presbyterians do conclude , but bishops say , such thoughts delude : vvhich comes from brains which have a bee , like urquharts trigonometrie . some bishops prove by scripture-phrazes as by the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 how john the angels seven did greet , why paul did titus leave in creet . but other some boldly asserts , who reason so , the text perverts . some call the bishops weather-cocks , who where their heads were turn their docks . still stout for them who gives them most , and who will make them rule the rost . some say , that bishops have been good , and seal'd the gospel with their blood ; as ready for the truth at call , as any whigg among us all . perhaps a railing foolish ranter will tell a bishop covenanter an honest clergy-man will be , when cable passeth needles eye : for some of such had play'd a pavie , though all the cables of the navie in one , should pass through needles-eye , whiggs still would doubt their honesty . some say , a bishop covenanter , if a penitent repenter , causeth more joy to sp'rits divine , then all the other ninety nine . some father tales upon king james , to sundry presbyterian dames , that he was forc'd of knaves to make them , for devil an honest man would take them . some say , the king gave never leave to make a bishop of a knave . that those men are evil speakers , tax'd by jude , spiritual quakers : that none doth hate nobility ; for quakers blaming herauldry . and some again are , who compares our bishops unto baiting bears ; who , if they be not kept in aw , they will tear all with teeth and paw : yet tractable in every thing , if in their snout ye put a ring . and many men again there be vvho say the same of presbytrie ; and some say this , and some say that , and some affirm , they know not what . it s grief to see them scripture vex , and wrest it , like a nose of vvax ; and he who is deceived most all fathers on the holy ghost : some quiting prophets and apostles , thinks best to plead the cause by postills : and some do dispute by tradition , some calls that popish superstition ; and some affirm , that they had rather follow a counsel , then a father : and some affirm , it buits not whether , they are blind leaders all together . and since the truth is found by none , no more then is that turn gold stone , it 's best , zancho , for ought i see , to take a pint , and then agree . let men have bishops at their ease , and hear what preachers best them please ; if we be fred of declaration , and of that other great vexation we mentioned in our petition , we 'll alter it on no condition ; then we will serve the king as much against the dane , and french , and dutch , as any in his three dominions who hateth us , or our opinions : if he command us , we will come like goths , and scale the walls of rome , and bereave babels whore of breath , or die the duke of bourbon's death . squire . the squire made many odd grimass ere he could speak , like balaams ass ; sometime he wink'd , sometime look'd up , and running backward like a tupp , for to return with greater force , he snorted like a very horse ; one thought upon another tumbled , one while he grin'd , another grumbled . at last , like cant , or trail , or durie , he gave a broad-side in a fury : looking as he would eat them all , his words flew out like cannon ball. the love of pelf comes from the devil , it 's root of all mischief and evil : it makes lords sup without a candle , when none can see their knife to handle : while to bring candles servants lingers , ten candles will not heal their fingers . it makes fore-heads and shins to bleed , by saving candle , to light to bed. it makes them keep their cellar keys , set secret marks on hamms and chese ; which , if but in the least defaced , wives , servants , bairns are all menaced . it makes them prigg for milk and eggs , put in a broth cocks , halfs , and leggs : it makes them clout elbows and breasts , keep rinded butter in charter chests , till ratts eat all their law-defences , and families old evidences : it makes them pay their masons wages by usury , on vvedds , and gadges taken from vvidows , who were plundred , by paying fourty in the hundred . it corrupts hamell , sharp , and sweet , it poysons all , like aconite : if it touch hide , it goes to heart , and so affecteth every part . the great ones do betray their trust , ladies throw honour in the dust , like those who troad the cyprian dance vvith that financier of france . it puritans doth make of ranters , and cavaleers of covenanters ; of lords and earls it makes drapers , of priests and levites it makes capers . it maketh grave and reverend cheats in pulpits , and tribunal seats : for any crime it finds defences , with oaths , it like a pope dispences : it causeth among brethren strife , it makes a man pimp to his wife : it makes yeeld fortresses and towns sooner then armies with great guns : it sets a-fire cities and streets , it raiseth tragedies in fleets ; it makes the vanquished victorious ; and foyl then victory more glorious : it makes rebellion rise and fall , and hath such influence on all , that whom it made rebellious nurses , it loyal makes , to fill their purses : it causeth many a bloody strife , when needy male-content grow rife : then by it church and state are mended , and will be till the world be ended . master , we all observe and mark , since ye once doubt , ye will embarque . why do ye conscience so neglect ? or , what , master , can ye expect ? although among the whiggs ye preach , a bishoprick ye cannot reach : for bishopricks are giv'n to none like presbyterian john gillon , who , when he takes his preaching-turn , will make moe laugh then he makes mourn . ye have infus'd in us sedition , ye will us leave in that condition : and then cause print a book of season , tax whom ye have seduc'd of treason . and when so doing , all men see , ye sing the palinod of lee. the cavaleers will still you call the archest rebel of us all . thus having said , he made a halt , and stood , like lots wife turn'd to salt , with ear attentive , earnest eye , he did expect the knights reply . knight . who stroak'd his beard , and bit his lip , and wip'd his nose , and scratch'd his hip , he wry'd his mouth , and knit his brows , he changed more then twenty hues ; his hands did tremble , his teeth did chatter ; his eyes turn'd up , his bumm did clatter , his tongue on teeth and gumes did hammer , he fain would speak , but still did stammer : his garb was strange , dreadful , uncouth , till through his epileptick mouth those following speeches fierce and loud burst out , like thunder through a cloud . thou poysons all , my little grex , thou sentence-speaking carnifex : thou hardy and presumptuous are to meddle so with peace and war ; rub my horse belly , and his coots , and when i get them , dight my boots ; for they are better then gramashes for me , who through the dubbs so plashes : yet i 'le wear none , till i put on those of the priest of livingston ; who , when they hid them in the riggs , said they were plunder'd by the whiggs , unto another priest , his marrow , who sent a maid his boots to borrow , whose boots were plundered indeed , as was his salt beef , and his steed . teach what i please , thou 'st not forbear to meddle with things without thy sphear ; like-taylors making boots or shoos , or like shoo-makers making hose . like some i know , as blind as owles , playing at tennice , and at bowles , and sometime shooting at a mark , like passavantius playing the clerk , who medled with , he knew not what , that he might get from rome a hat. men oft by change of station tynes , good lawyers may prove bad divines : like sadoleto's dog in satine , like ignoramus speaking latine : which raised most unnatural jarrs , as between law and gospel wars . like bembo's parrat singing masses , like men of seventy courting lasses ; like highland lady's knoping speeches . when they are scolding for the breeches , like massionella freeing naples from gabells put on roots and apples . like taylours scanning state concernments , or coblers clouting church governments . like some attempting tricks in statiques , not vers'd in euclids mathematiques . like pipers mending morleys musick , or gardners paracelsus physick . like atheists pleading law refuges ; like countrey treisters turning judges . like preachers stirring up devotions , by preaching military motions ; proving their uses and didactiques , by passages of aelians tactiques . like ladies making water standing , like young lairds , horse & foot commanding . like monckeys playing on a fiddle , or eunuchs on a ladies middle . like gilliwetfoots purging states by papers thrown in pocks or hats ; that they might be , when purg'd from dung secretaries for the irish tongue . great wounds , yet curable , still faister . when fools presume to rule their master ; as sad experience teach'd of late , when such reformed church and state : though all the publick did pretend , all almost had a privat end . there was no place of war , or state , but was by twenty aimed at ; whereof ninteen were disappointed , which made the body whole disjoynted ; and rais'd among them such divisions , that they were to their friends derisions . some aim'd at the embroidered purse , some the finances to deburse , and other some thought to be getters by writing of the privy letters : some aim'd at privy seal , or rolls , some customs gathered in , and tolls : some did dry quarterings enforce , some lodg'd in pockets foot and horse : yet still bogg-sclented , when they yoaked , for all the garrison in their pocket : and some made men morgage their lands , to lend money on publick bands , to be pay'd at the resurrection : some fines pay'd who oppos'd defection ; some sold the souldiers mity meal , and some did from the publick steal ; and some , as every body says , us'd more then other twenty ways : yet notwithstanding of all that , they : were lean kine devouring fat . none gained by those bloody fairds , but two three beggers who turn'd lairds ; who stealing publick geese and wedders , were fred , by rendering skin and feathers . when others of this church and nation returns unto their former station : and now , for all their stomacks stout , comes home more fools then they went out thou , like a fire-brand , dost advise us to be fools , when all are wise : thy endeavours are all in vain , ere we shall play such pranks again , the patagons shall masses mumble , the dons of spain shall all be humble , italians shall speak as they think , germains , when sun 's set , shall not drink ; swedds gaining day , shall not pile baggage , and english hate shall beef and cabbage , the russ and pole shall never jarr , danes shall gain by a sweddish war ; victorious turk shall stand to reason , scots shall be beat , and not blame treason ; the dutch shall brandie slight , and butter , and england conquer by de ruyttek : the first burnt ardor of french hearts shall not turn to a rack of farts , and they shall spell as they do speak , and they shall sing as they do prick : with oaths they shall not lard their speeches , nor change the fashion of their breeches . all shall have for assured news , that pope from rome have banish'd stews : rebellion shall return from hell ; and do things which i will not tell . though it were true , as some compares our bishops unto baiting bears , who , if they be not keept in aw , they will tear all with teeth and paw . yet many utterly mislikes , that butcher presbyterian tycks should flee upon their throats and faces , to curb their lordships , and their graces : his majesty , without all doubt , should only ring them in the snout . if they so swell , that none can bide their malice , avarice , and pride ; vices , which all the world doth ken familiar to clergy-men ; of which , though palliat with art , our own presbytry had their part . our duty is , with all submission , to press the grant of our petition : the king will suffer us , perchance , as lewis doth huggonots in france : and in his wars , civil and forraign , make me command in chief , like turrain . and though he grant not our demands , away with covenants and bands ; kings must command , we must obey , they rebels are , who truth gain-say . some tell , we must the truth so love , as of it not to quite a hoove . as said another fool , thy marrow , as if his majesty were pharo . for my part , ere i trouble peace , i 'le bishops call , my lord and grace ; and kneel at the communion table , make christmas-feasts , if i be able : privat sacraments i 'le avow childrens confirming i 'le allow ; and i will hear the organs play , and amen to the service say . i 'le surplice wear , and high-sleev'd gown , and to the altar i 'le bow down . yea , ere his majesty be wroth , i 'le primat be , and chancellor both . squire . the squire replyed in a chaff , he girn'd so , that he seem'd to laff : and when ye travel in carosses , ye will salute the hie-way crosses ; and when with danger ye are prest , ye will cross , sign fore-head and breast , and ye will to our lady pray , and travel on the sabbath day ; and ye will play with lords and lairds all sermon time at dice and cards ; and duels fight , like those of france , and drunk and creeple lead a dance , and ye will venture ax and rope , by writing letters to the pope , to tell him , though ye here by haman , ye worship with the king , like naman , and then accuse us all of treason , when ye put out your book of season . knight . the knight look'd fiercely then about , thus thundering with a dreadful shout , constant madness thy brains inthrals , thou hast no lucid intervalls . thy waspish tongue will never fail to prat , to scold , revile and rail : though men should bray thee all to powder , thou still , theristes , plays the louder . all honest and unbyass'd ken those whom thou means't , were worthy men ; they had some faults , though not so big , as rotten flees , to spoil a pigg of ointment ; sooner it is known , we others faults see , then our own . presbyterian , never one faultless , at them could cast a stone . it 's certain , it comes from the devil , to hide men's good , and tell their evil : they never learned that of paul , or david , when he mourn'd for saul . thou art a cocks-comb , void of reason , to tell me of a book of season : thou learnd'st when thou kept sheep & hogs , with one stone for to hit two dogs . though thou spue venom like a toad , that book is much esteem'd abroad . squire . the squire replyed , many deem beyond sea it is in esteem : when once it passed pentland firth , it rais'd among them such a mirth , that some for laughter burst their rheens , and other some did split their spleens : they cherish'd it in every school , to be their bibliotheca's fool ; when serious reading health did spill , that they might read and laugh their fill : physicians it prescrib'd to men as cure approved for the spleen : at publick meetings , and at feasts , it was the topicks of their jests . some say , since known , all his life to have had with the bishops strife : since for the covenant none more wood , to make three nations swim in blood : since he spar'd none whom he could reach ▪ who ' gainst the engagement did not preach : since to the cause he stuck so fast , since bishops was restor'd at last , that in the pulpit he did grant a bishop was the devils plant . giving to all his hearers leave , if ever he turn'd , to call him knave . and since , as every body says , he chang'd in less then twenty days : it 's very like , at others budding , he turn'd his coat for cake and pudding . some say , he is a sounding brass , which signifies a pratling ass : he brings no reason which can bind , but only fights against the wind . it 's clear , that it doth with him fare as with sampson without his hair. before his change his wit was tough , and he could reason well enough : but now he kytheth like a fool , as one would whipp a boy at school , to vent in print so little reason , and call it an advice in season . some say , that he treads bishops path , as david serv'd the king of gath. though men to censure him be rash , he gives the bishops such a dash , they need not brag their cause is won by the foster of henderson . some say , he bishops doth betray , that presbytry may gain the day , who fed him for their champion hidden , others affirm , they are out-bidden ; which makes him take a contrair task , as edward answered once southesk . a modest man wrot in a letter , he might have pleaded meikle better . the charitable do not fear , but for a thousand merks a year he would the bishops yet withstand , if covenanters rul'd the land. knight . then said the knight , though in a morter i bray this fool , to no exhorter thou wilt give ear ; he 'll put thee to it . squire . to whom the squire , what though he do it ? both reason there and justice halts , where one's blam'd for anothers faults . was never judge did things so foul , except himself , once at saint rule : he forg'd records , and them enacted to bear false witness , when extracted . i cannot tell , till i advise , whether he did it twice or thrice . next , i will tell that he gave leave if ever he turn'd , to call him knave , but he can challenge no reflection put on him at his own direction : he is oblidg'd to keep his word as well as one who wears a sword. but if he chance to be so wroth , as to break word , as well as oath , i 'le tell him , i take frantick fits , and am distracted of my wits , as he , and others said of late , when they misguided church and state. and i them tax'd of forg'd records , as i can prove before the lords ; if that succeed not , it effeers that i be judged by my peers , that is , by fifteen poetasters , half-fools , half beggers , half burlesquers : all of them proved , drinkers , whoorers , by preachers , forgers and perjurers . ere such a jury can be gotten , it s certain , i 'le be dead and rotten ; or if justice so shall halt , as to cause hang me for his fault ; hanging to me will be less trouble , then worrying on a windly bubble at a dike-side , or under a stair , if weather be not very fair . knight . but then the knight , we hear , he 'l quarrel , that thou once served albemarle . squire . to which the squire , i have no fears , he dar not challeng't for his ears , for i can make appear to all they toss'd me to him like a ball. next , ask that duke , in any thing if ever i did prejudge the king i forc'd was to dissimulation , to shun a rope , and serve my nation : i did no evil , but meikle good , saving mens money , and their blood ; which services i did for nought , which were from men far richer bought . that duke can tell , he did suspect it , albeit to try , he did neglect it : when by their crafty instigation ; he urg'd was to my accusation . they all tell now of albemarle , but they told him another quarrel , in pleading i could touch a string , whose sound will make their ears to ring knight . the knight said , tush , they 'l no more sturr , then moon , when bark't at by a curr . for all thy prat , on no condition i mind to alter the petition . squire . then said the squire , if ye'l not mend it , advise at least , by whom to send it , since we petition for religion , your lady , or your dog , or pigeon were fittest to be sent , if other , i 'm sore afraid we lose a brother ; for i dar swear upon th'evangel , when he hath got from each his angel , to help his charges to defray , the fellow will us all betray . knight . when things succeed not , fools do slite , giving betraying all the wite , reply'd the knight , they said of late they were betray'd , when they were beat ; and they said true , who did not stand , betrayed are by heart and hand ▪ but to the point , as for my wife , i 'le never send her in my life ; for fear some courtier or other would make me old king arthurs brother ▪ my dog is an unruly curr , and at the court will keep a sturr , seeing conformists up and down , he barks so at a high-sleev'd gown , that bishops either will cause stone him , or else yoak boutcher dogs upon him . as for my pigeon , it cannot be , she hath another gate to slee : a message she hath tane in hand , to search for that most happy land , unknown to any heretofore , but only to sir thomas more : where we intend to fix plantation , if forc'd to change our habitation . and since a poet rightly hits , that greatest fools have greatest wits , to shun self-dealing , it is fit to choose one not outgrown in wit ; so he can buffonize , and jest , at publick meeting , and at feast , and catch a time to tell the truth , like davids great grand-mother ruth . the whiggs with an applauding hollow cry'd out , his-counsel they would follow : which once concluded , all arose , and set on pans to make their brose . when after that some fools were named to be employ'd , they all were blamed : and none thought fit , they still enquire , and find none fitter then the squire : on him then they enforc'd the message , when he went out on his embassage , how at the court he did arrive , how to affront him they did strive : but how the buffons all he outted ; how hudibras his squire he routed , when they two yoaked by the ears about the baiting of the bears : and how he manag'd every thing , and how he harrang'd to the king : and how he cited ends of verses , and sayings of philosophers ; at which some laugh'd , and some were vex'd , ye'l be advertis'd by the next . finis . mock-poem , or , whiggs supplication . part ii. london , printed in the year , . mock-poem , or , whiggs supplication . part ii. when bushes budded , and trees did chip , and lambs by suns approach did skip ; when mires grew hard , like tosted bread , that men might through the carses ride : when folks drew blood of arms and legs , when geese and turkies hatched eggs : when poor folks pots were fill'd with netles , when fish did domineer in ketles ; vvhen lent did sore annoy the glutton , vvhen sun left fish to lodge with mutton : vvhen night and day were of like length , of march the eighth , or twelfth , or tenth : when several criticks , great and small , by mending lines , did marr them all . when transcribers preposterous speed made them like pictures spoil'd with threed on arras hangings back-side , when the lowr'd mistakings of some men made several great wits of the land blame what they did not understand ; and some to hunt a flea contrive ; the squire near london did arrive : to meet him old and young came forth , as rome did once to see jugurth . they knew each passage of his journal , both by report , and by diurnal : we dread , they will him sore abuse , but let us first invock the muse . thou muse , who never dost abandon those who have scarce a legg to stand on when they ascend parnassus mountain , till in the end they taste a fountain which makes an owl then them sing sweeter ; make me once more a fool in meeter , that i may be of all admired , confuting presbytry , casheered ; which i of late so much adored , but now , when i get nothing for it , make me , o muse ! to change my note , declare against it , turn my coat : compesce me , muse , these stout bravado's of these stiff-necked reformado's , who still maintain , unto this day , they have th' office , though they want pay ; in others harvest putting their sickles , troubling the land with conventicles ; whose stubborn hearts cannot be turned by the dialogues of gilbert burnet . prove , muse , that synod-men , church-wardens are bears , and synods are bear-gardens : for both have tongues , and teeth , and nails , but , muse , what wilt thou do for tails ? but that 's all one , the matter 's small , for true bears have no tails at all : and so the simile still jumps , instead of tails thou 'lt find there rumps . when thou shews how the squire disputed , and ralph the sectary confuted , that he of wits almost bereft him ; but to the squire now where welesthi him . he melted all in tears for pity , seeing the ruins of the city : but when he saw in other places houses arise with goodly faces , and turrets mounting up , and soaring , and the air 's middle region boaring ; so phoenix , when it 's burnt in spices , up starts another from its ashes . cry'd out the squire , rome once was burn'd by french , then worlds mistriss turn'd , god may the same to london grant , if it renew the covenant . while this he spoke , his horse he lights off , and with his handkerchief he dights off tears from his eyes , then on the ground he grovelling lyes meditabound , his horses grievous succussation had so excoriat his foundation , that till the hide his hips did come on , the earth he could not set his burn on . then after sad ejaculations , he vents these following meditations . wallace , quoth he , having adoe , still eat the quarter of a cow , and to the boot , ere cloaths were put on , he would sometimes dispatch a mutton : for when he wanted morning fare , he was like sampson without hair . a priest , whose teeth did head and legs swell did still eat powder'd beef and eggs twell before he preach'd , else he half dumb sings , like to a fiddle wanting some strings . hence , by experience i gather , he is a liar , though my father , who thinks , a man can do or speak well , who doth neglect his fast to break well . i am ingag'd in a transaction , quoth he , requiring tongue and action , that to my tackling i may fast stick , though i should lose my ears like bastwick : though they should ty me heel and neck fast . it 's requisite i take my break-fast . this said , his budget he unlooseth , and all the wealth within discloseth ; vvhich for variety did scorn ▪ the wealthy amelthea's horn ; or the rich abbey of st. lawrence , or cabine of the duke of florence , ju'st like the pocks of graham and guthry , it was his vestry and his buttery : his lardner and his bibliotheck , there lyes of oat-meal neer a peck , with waters help which girdles hot bakes , and turns to bannocks , and to oat cakes . there a piece beef , there a piece cheese lyes , and there an old night-cap of freez lyes , his head attire , when he the house keeps , on which now here and there a louse creeps . here lyes a pair of shoes ne're put on , and there lyes a poor man of mutton . there lyes half dozen elnes of pig-tail , there his panash , a capons big-tail , with white in middle , shining star-like , and there be onion-heads and garlick , the food of turkish janizaries , there turpentine and larie berries : his medicine for passage sweer , that for the van , these for the reer ; and there a piece of poudered fish lyes ; and there some butter in a dish lyes ; there turnips thirty inch about lyes , and there some pepper in a clout lyes , there fingram stockins spun on rocks lyes , and there his sneezing milne and box lyes : there lyes his elson and his lingle , which double-sold shoes makes of single , with help of old pieces of leather ; there lyes some wool that he did gather , left by the sheep , as certain pledges , they were entangled in the hedges : there clouts and papers little mugs stops , as in apothecaries drug-shops , with vinegar and oyl for sallads ; and there lys boks , and here lyes ballads , as davie lindsay , and gray-steel , squire meldrum , bewis , and adam bell , there bruce and wallace , fierce-like mars knight : there lyes dialogues which his arse dights there last-goodnight , and chevie chace , with gendarms in the frontispiece , which makes more weep , when they read on it , thou curats sermons , fie upon it ! and there lyes bands , shirts , and cravats , there two three skins of lambs and rabbets , for to commence a london trade , and this was all the wealth he had . but pardon me , i had forgot , there was some other thing i wot ; i think it powder was , and leed to shoot the bishop through the head . he takes a bible with covering worn off , and ending and beginning torn off : he reads , and then he says the grace , then to his victuals falls apace . when first bitt scarce down throat was sliding , within a days march of the midding , then he a multitude espies . approaching him with shouts and cries , he leaves his victuals , falls a-gazing , just like a tupp when he 's a'grazing , when folks comes by , he slights his food , stares in their face and chews his cude . he thought these fools came out to meet him , that first they might salute and greet him , that afterwards they might him bring with greater pomp unto the king. such honour at their entry-hours are due unto embassadours . both dust and sweat from face he rubs off , a looking-glass he makes the dubs of : he trims his beard , and then his head too , rights basket-hilt on shoulder-blade too : his hands he washes , pairs his nails , takes his panash of capons tails , which he pines on before his hat ; he put about a clean cravat , and then upon his hands he streeches two yellow gloves , with green silk steeches ; leaps to his horse , and on he went , to take and give the complement : while hips excoreat , made him-swadle through all the corners of the sadle . when he the multitude approaches , his eyes he fixt first on the coaches , ranged like wild-geese in a line ; then cry'd he out , no friend of mine if i can hinder those , shall enter . 't is wonder people so should venture , to break their arms , and legs , and heads , and to disjoynt their shoulder blades : ladies to have their naked breeches both view'd and lanced by the leeches ; which made some husbands forth a tuck hold , swearing the rogue would make them cuck old those made a lady of our land upon her neck and shoulders stand with a third of half dozen thighs , naked erected to the skies ; and ere that posture she was got off , many did see the thing ye wot of ; which when they told her , readily she answered , she wondred why they did not kiss't , and take their leave on 't , it was the last sight they should have on 't : she vow'd thereafter , well i wot , vvith her grand-dame to walk a-foot vvhen coach-men drinks , & horses stumble , it 's hard to miss a barla-fumble . then did he seriously begin vvell to consider those within ; he soon perceived by their postures they were no nuns brought up in cloysters ▪ to show their legs , some truss their laps , some throw off scarffs to show their paps , some masked were , the sun to keep out , which lifting , now and then , they peep out . widows from vails set out their noses , as snails do from their shelly houses ; as they would say unto the gallants , come , gentlemen , behold our talents : come nearer , that we may espy you , if ye be ought worth , we will buy you : where , ten to one , some get a fortune , as one did with my lady nortoun . among the rest he did espy ones , whom he conceived to be hee-ones : those he believed were his mates , embassadours of kings and states , to do him honour at his entry , with the nobility and gentry : he cry'd to them to keep the peace , and not to wrangle for the place , for all of them remembred well of that bowtad of bateveile , vvhich cost the lives of brave commanders , and well nigh lost his master flanders . he bids them all take place by lots , no king had place , but he , of scots , vvhose royal ancestors , it 's clear has kept one race two thousand year ; vvhose successors as yet escaped the tricks of pipin , and hugh capet . others are not of that condition , they 'r kings but of a late edition : though some be small , and others greater , yet who go first , or last , no matter ; for all their gold , spices , and vvines , they come from interrupted lines . being inform'd of his mistake , it was to ladies that he spake . vvhat devil they are ? reply'd the squire , they 'r men in garb , and in attire , they 've vests , they 've swords , they 've piriwigs they tread the measure of the giggs , just like the men , their buttocks vaper , they cast their gammonds up , and caper ; they cajole ladies at the balls too , and standing piss against the vvalls too : they 're spurr'd & booted when they ride too , and gallop , when they hunt , astride too , vvith swords and pistols they fight hard too , some have appearance of a beard too : and , which of all 's the greatest wonder , they'ly above , their gallants under . me 's dames , quoth he , that we may ken vvhether ye women be , or men , it 's fit ye open keep before about a trencher breadth , or more . ye 're monsters , if that do not measure the circuits of your holes of pleasure . vvhile he was giving this advice , they all surround him in a trice , all wondring at his equipage : some ask'd his horses price , and age : if there came sympathetick speed from riders heel , or heel of steed ; if there came an inchanting force to masters purse , from skin of horse ; some , why no spurrs , his sides to claw , and for boots , several ropes of straw : why sodds for sadle , and branks for bridle , and plaids for scarff about his middle . some asked his panashes price , if 't was a bird of paradice . some ask'd if basket-hilt and dudgeon had ever set a work chirurgeon , some jeer'd the long crown of his hat , some at his gloves , some his cravat , asking more questions at once then would have puzled john of dunce , or bonaventure , or soncinas , or biel ockam , or aquinas . when sinan bassa charg'd a hill , to try his military skill ; though many a grievous wound it got by cannon , and by musquet shot , the hill did neither bow nor bend , although he charg'd it thrice on end , but still abode him face to face , chusing to die upon the place , rather then turn its back and yield ; just so the squire did keep the field ; and bravely did receive their tongue-shot , just as the hill did sinan's gun-shot : he stood as senseless as a stock is , or among raging waves , a rock is , when furiously they knock its crown , to make it break , or make it drown . at last , he said , with sober grace , when ye grow hoarse ye'll hold your peace . then fair and softly on he tripped , for , like a spaniard when he 's whipped , he thought it was a great disgrace for to accelerat his pace . when they him saw so little troubled , then they their questions redoubled ; some ask'd his errand , and his name , and from what potentat he came , from turk , or sophee , or mogull , who wear much linnen on their skull , or from either tartarian cham , who of their horse hips make a ham , or from pegu , or from chine , or from the emperour abyffine , or from the muscovite , or poll , or dane , whose chiefest wealth is toll , or from the emperor , or the swede , or hogen mogen brother-hood ; from the savoyard , or the swisse , who apples seeths with roosted geese : from florentine , or protugnese , or from morocco , or from fess ; or if he came from spain or france , or from some indian weerowance , to barter gold and beaver skins for glasses , beads , and knives and pins ; or from the presbyterian scots , who never yet had turn'd their coats . did he a supplication bring to put ill counsel from the king ; and that his majesty would grant renewing of the covenant : and had commission for to tell him , if he refus'd , they would compel him . when thus they pressed him so fast , patience turn'd fury at the last : these last words did him so inrage ; he fac'd about and gave a charge ; then with his tongue out , thus he stutters , with face awry , like old cheese cutters . you cursed antichristian rable , ye mungrels of the whore of babel , ye sectaries , and covenant-breakers , half cukold , and half cuckold-makers , for all your flouting , and your tanting , when we went first a-covenanting , ye did us court , ye did us bribe , invited us , like juda's tribe , to purge your ten tribes of israel from jeroboams calf , and baal : your money mov'd our concience to arm our selves in your defence . when your intentions you had got , and by our means , had under foot trode all your foes , and them defeated , atlast , we found we were but cheated . your quarrel was , pretended bondage , by reason of tunage and of poundage , to get militia by law , to keep his majesty in aw : to free your selves when money waxes from inquisitions and taxes : your only end was self enriching , your solē religion was your kitching . you valued puddings sodd in pocks more then religion orthodox : whereas we witness god and angels , prophets , apostles , and evangels , for trash , or any earthly thing , we never did oppose the king : yea , all of us , both great and small will quit him lives , and lands , and all so he give way to purge the temple , as pleaseth mr. gabriel semple . he spoke so thick , he paus'd a little , and having cleans'd his beard from spittle , like tindale at the stake , he cryes lord , open the king of englands eyes , and then his majesty will grant renewing of the covenant . thus did he perorat his fliting , as at tarantums spiders biting , they were affected thereanent , according to their temperament . sanguinians did only laff , cholerick melancholians chaff . some bade hang him , some bade stone him , and some did mastives hunt upon him . some daple under tail did prick , and made him bounce , and leap , and kick : some aim'd to tare his straw gramashes , some cries , have at beard and mustaches : some grasped him about the middle , till bumm did sound like gambo fiddle : some would have breeches down to whip him , some with their nails would tare & nip him ; some with briars & thorns would scratch him : one fearing that they would dispatch him , who was a man more moderat , he made a court'sie with his hat , and begged leave to plead his cause according to the nations laws . contending with a foolish tongue , quoth he , is but a war with dung : though in the strife ye prove victorious , dirt makes your finger-ends inglorious , as lately happen'd unto one who needs would quarrel sanderson , and prove he was a lying knave , of which , what credit could he have ; when he had done , he prov'd no more , then all the world knew before . to take such pains , imports as much as any doubted he were such . refuting such as he , with words , is like canarie washing turds : the wine in taste and hue grows meaner , but turds grow ne're a whit the cleaner . this simile , though somewhat rude , yet so appeas'd the multitude , that by degrees their clamour fell ▪ like sound of lute-string , or of bell , when thumb or hammer of a clock gives the epilogizing stroak . and in the end these furious cryers stood silent like observant friars , or like to dumbies making signs , or like to fidles wanting strings , or like to salmons , or to codds , or turks , when they took in the rhodes . then piece and piece they dropt away , as ripe plumbs in a rainy day ; till in the end , they all were gone , and left him standing all alone . likeas , we do observe and see in those who are condemn'd to die , that they are sore annoy'd and troubled , at first , when they cast off their doublet , truss up their hair , their eyes blind-fold , that they may not grim death behold : thinking their neck the stroak is hard on , if any tell them of a pardon , although their heart be lighted somewhat , yet fear and hope fight still a combat , till that they hear the air to ring with clamours of , god save the king : then hope triumphs , and fear doth vanish , like grief , when it 's expell'd by spanish , just so the squire , when all at once they him opprest with fists and stones , a gelide fear his heart possessed , his final hour approach't he guessed : trembling he stood , in a quandarie , and purg'd , as he had eaten larie : as was confirmed by the speeches of those who after washt his breeches when he perceived the retreat , that flight , quoth he , is but a cheat . like that of greeks , for to destroy an ancient city , called troy , by help of that tree horse of pallas ; it is some stratagem of wallace , who in a pig-mans weed , at bigger , espied all the english leagure . but when he found by certain trial , the retreat was not forg'd , but real , then did he resolution show , and like a cock began to crow . one man , quoth he , oft-times hath stood , and put to flight a multitude , like sampson , wallace , and sir bewis , and finmacoul beside the lews , who in a bucking time of year did rout and chase a herd of deer , till he behind , and they before , did run a hundred miles and more , which questionless prejudg'd his toes , for red-shanks then did wear no shoes ; for to this day they wear but calf ones , or , if of older leather , half ones . he chased them so furiouslie , that they were forc'd to take the sea , and swam from cowel into arran , in which soil , though it be but barren , as learned antiquaries say , their off-spring lives unto this day . but pardon me for such digressions , for , were it not for such expressions which from the muses we extort , our poems would be very short . then did the squire obtest , and pray , and them conjur'd that they would stay , for he had quarrel against none but ralph the squire , and sanderson , which two , as every body knows , are presbyterians mortal foes : th' one calls them bears by allegory , that other fellow wrot a story , in which he doth them scandalize so , that all the devils blush , he lies so ; thinking it would be liked well , he sent a copy into hell , to be perus'd in a committe , then said a devil which was wittie , it serves for nothing , tell the fool ; but to be napkins at the stool , when men exonerat their tripes , or lighting of tobacco pipes ; for hells affairs are ne're atchiev'd by railing fools , of none believ'd : hells fittest agents , as all grants , are those who are reputed saints . and thus he made an end of praying . then all began to think of staying , and one another did exhort for to return and see the sport ; but sanderson appeared not , stout ralph amated not a jot , bravely and resolutely did fall up , first at the trot , then at the gallop ; just as the huggonots , victorious at coutrus , charg'd the duke of joyeus , and was upon him ere he wist , menaceing him with tongue and fist , with all the rable in his rear , who followed him to see and hear . the squire , who only spoke in jest , seeing what he expected least ; he thought they verily were gone , and that the storm was over blown , surprized with the sudden danger of ralph , in such a furious anger , whom he thought did already spurn him , he knew not to what hand to turn him ; at last , his tongue and teeth commences to vent adages and sentences . it is a saying wise and old , quoth he , to make a bridge of gold to fleeing enemies , it 's best to let a sleeping mastive rest , lest he , awaken'd with our knocking 's , tare all our breeches and our stockings , and to the boot , our shin-bones hole up , and from our buttocks take a collop : and with his furious teeth our throats cut , down which we watered meal of oats put ; which we prefer , with loch-broom herring , to all the king of babel's fareing . a foolish tongue , without remead , brings mischief on the owners head ; it is a pestilentious clout , causing contagion all about ; it raiseth jealousies and fears , yokes kings and subjects by the ears . what was it else , but tittle tattle , that brought our brethren out to battle ? what stops them more from turning loyal , then tongues of some , esteemed royal ? with which they persecute those poor souls , as setting dogs do pouts and muirfowls ; at last , within their netts ensnared , and from all hope of pardon barred , they force those poor men , under hand , still to rebel , to get their land. my tongue will bring me to that pass , quoth he , to which was hudibras , who , when with honour he had got off , in the adventure that ye wot off , he not content , but seeking more , los'd all that he had gain'd before ; and was brought to a prison tragick , in wooden castle , made by magick ; where he too late laments his mishapes , as ladies , when they do not misclaps from gallants , of their own procuring , from husbands , when they go a-whoring . having dispatch'd this phrygian wisdom , like malefactor getting his doom , he strained what he could , to shew a tres bon mein en mau vais jeu . he out with basket-hilt and dudgeon , ( while from his eyes came a deludge on , as from the eyes of children whipped , or sore horse-eyes , with vitriol nipped , ) stands at his posture , fencer-like , and was within an ace to strike ; yet on the sudden , doth advise . to take a course by far more wise . wise men , quoth he , as all men knows , try all things first , ere they try blows . when rome to conquer , all was hasting , peace was the first , war was the last thing they did practise to subdue nations , vvho loved not such innovations . if i the truth of story miss not , this is the cardo of the dispute . and if my reasons do no good , i 'le dye their breeches with their blood : but this within himself he mutters , and then these words to ralph he utters . vvhat means this furious hurly burly ? friend ralph , quoth he , i tell thee surely , i am no private man ; believe , i am a representative : to force me to degladiations , is contrare to the law of nations : though thou me should bang back and side , i could it ( honour safe ) abide . brave mansfield , challeng'd by baumaru , refused once to fight at paris ; because he did negotiat vvith publick trust affairs of state. the spanish agent don henriques , put up a great affront of criques , vvho once at rome , his pride to danton , his nose saluted with a panton . dost thou esteem me such a coward , to be afraid of one as thou art ? thy threatnings are like childrens squibs , though they singe cloaths , they break no ribs ▪ vvere it not that my sword is rusted , vvere it not that i am entrusted vvith things of such a high concernment , as presbyterian church-government ; for all thy frownings and thy cloudings , i would send sun-shine through thy puddings . i do thee as a friend advise , ( 't is better soon then late be wise ) that thou would let alone this sword-fight , and graple with me in a word-fight ; let 's try who others best can confute , this is the cardo of the dispute , if synod-members , and church-wardens be bears , and synods be bear-gardens . thou dost affirm , i do deny , prov 't if thou can , i thee defy . one might have known by ralpho's face , he lov'd not vvar so well as peace ; he only counterfeited courage , his wrath , to teeth-forward , was not true rage ▪ yet he his passion so dissembled , that squire at first both shak'd and trembled ; but when he heard the squire speak big words , that in his belly he would dig swords , he looked then as if his nose bled , and such a flea within his hose had , that in his mind was great confusion , till he considered the conclusion ; where peace was offered and the war gone , he gave god thanks , like praise god bairbo● , a good heart to himself he took then , and these same very words he spoke then , which once the great turk solymanus spoke to vilerius , liladamus ; having him under , such odds , that he was forc'd to quit the rhodes . i 'me glade to hear that now thy mind . is more to peace then war inclin'd ; then adds he , fighting is a fool thing , what doth it else but sturt and dool bring . it 's better tongues decide the matter , then other noddles pelt and batter . now others beck , now others dock hit , as feathred fencers do in cock-pit ; who fights but in their own defences , let them be kings , let them be princes , by law and reason i them can bind , that they are enemies to mankind ; as witnesseth sir thomas kellie , and grotius de jure belli . what are such warriours but oppressors ; and many times we see aggressors , who trouble other mens reposes , gain nothing else but bloody noses : who quarrels pick with neighbour nations , get halberts thrust through their fundations , as we may read in many a book of charles that burgndian duke . poor high-way-men , with tattred hose , are not robbers half so great , as those are , who diadems wear on their head , and make so many living dead ; and so much christian blood mispends , either for french or spanish ends : these first , poor rogues , will pick a pocket , and break a door up when it's locket ; and on the high-way will a purse take , when cold and hunger makes their guts ake . those latter , with their armies legions , robes kingdoms , castles , towns and regions : as said two ten tuns ships commander to macedonian alexander . but now , let us come to the question , the which was raised the contest on , since thou so hard dost put me to it , i 'le let thee see that i can do it : and have both will and wit to reckon , and beat thee at thy own tongue-weapon . better perhaps , then thou believes , i 'le prove these two affirmatives : that synod-menbers , and church-wardens are bears , and synods are bear-gardens . thus said , his fingers he dispatches unto his head , and winking scratches , first from the van , unto the reer , and then athwart , from ear to ear ; while like sagacious hound , he traces , and windeth all the topick places : till in the end prepared , satis , he disputes thus a comparatis . and first , quoth he , it 's clear to all ; they have the same original : for twenty shillings to a bodle , both are the birth of humane nodle , both are in that degree of kin , as other brethren uterine . it s certain , there is never a word of either , in scripture , on record : and without question and all doubt , thus bear-baiting may be made out by holy writ , as lawful as is , that chain of presbyrerian classis . this for their birth ; now for their nature , if with deliberation mature the case we ponder , beasts of prey and rapine , as are bears are they who do establish gospel order by rapine , sacriledge , and murder . what are their orders , constitutions , church-censures , curses , absolutions ? but several mystick chains they make , to ty poor christians to the stake : and then set heathen officers , instead of dogs , about their ears . what else are synods , but bear-gardens , where elders , deputies , church-wardens , and other members of the court manage the babylonish sport : for prolocutor , scribe , and bear-ward , do differ only in a meer word : both are but several synagogues of carnal men , and bears , and dogs : both antichristian assemblies , to mischief bent , as far 's in them lyes : both strave and tail with fierce contests , the one with men , the other beasts : the difference is , the one fights with the tongue , the other with the teeth : and that they bait but bears in this , in th' others souls and consciences . this to the prophet did appear who in a vision saw a bear prefiguring the beastly rage of church-rule , in this latter age ; where every hamlet is govern'd ▪ by 's holiness , the churches head : more haughty , and severe in 's place , then hildebrand , or boniface . such church , must surely be a monster with maney heads , for if we conster what in th' apocalyps we find , according to th' apostles mind ; ti 's , that the whoore of babylon , with many heads , did ride upon . the pastors who do rule this kirk , what are they , but the handy-work of mens mechanick paws , instilling divinity in them , by feeling . from whence they start up chosen vessels , as folks , by touching , get the meazles . so cardinals , they say , do grope at th' other end , the new made pope . bell and the dragon's chaiplans , were more moderat then them , by far : for they , poor knaves , were glade to cheat , to get their wives and children meat ; but these will not be fob'd off so , they must have wealth and power too ; or else they 'l make their party good , by making nations swim in blood . and thus i reasoned the case , once with my master hudibras . all that i said was too prolix , here to repeat , i only fix upon the morrow , with a few words , what thou has said's not worth two cow turds reply'd the squire , and then he smites fore-head with fist , to rouse his wits ; which straight did take th' alarm so hot , that down to tongue and teeth they got : from whence , thus worded out , they flie , like bullets from artilerie . ye sectaries , quoth he , have bee-heads , thy prats , a cerberus , with three-heads : neither of which barks any bon-sence , but railing , blasphemy , and non-sence : thou' rt ignorant in logicks art , as i will show thee ere we part . but to the point , now i will close , and reason 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . and first , i say , for my defence , thy argument wants consequence : though things agree to both together , it follows not the one 's the other . affirmatives , in second figure , nothing conclude in logicks ligure , which any constant man believes , so we may prove financiers thieves , camelions beef and cabbage eaters , and lawyers , and physicians , cheaters . that horse are men , and owls are ounces , that privie counsellers are dunces : that chamber-pots are looking glasses , and senators of justice asses : that colledges , and muses cavernes are bawdie-houses turn'd , and taverns : that stews are places of contrition , and pulpits , trumpets of sedition : and merlines prophesies evangels , and dees spirits holy angels : that all new scurvies are the pox , that quakers books are orthodox : that rosted wildcat is fed lam , that gresham colledge is a bedlam : most of our first reformers bad-men , and all the house of commons mad-men : that tallow cakes are ambergreese , that sun and moon are cheshire cheese and whiggs , as loyal in opinions , as any of the kings dominions . this for thy form , now for thy matter , thou rails one some , others to flatter : thy medium's seeming true , yet false are , as turnips growing in the paltzar ; or any other fertile ground , hollow with worms , though skin be sound : like aples in the lake of sodom , like beauties clapped in the bodom : like sour drink in silver tankers : like golden petticoats on shankers : like bald heads with periwiggs : like sweet powder on frisled giggs , with aged ladies now in fashion , when they would play beside the cushion . but who reason in generals , th' argument contentions and brauls , they bring but bout-gates , and golinzies , like dempster disputing with meinzies . men hardly can scratch others faces , when they are distant twenty paces : i l'e neerer come thy thrusts to paree , whereas thou dost argumentaree , that bear-baiting may be made out , without all question and doubt , by holy writ , as lawful as is , lay-elder-presbyterian classis . though few be clear , how doth the thing go ? i answer unto thee distinguo : for if thou mean by text express , thou speak'st the truth , as all confess . this is our orthodox defence , presbytries prov'd by consequence . it is no popish superstition , by consequential tradition to prove an article of faith , as learned polyander saith . what have our doctors else to say for paedobaptism , or that day which chang'd was , when the church spoke greek from last to first day of the week . if thou were put to this distress , to prove bishops by word express . then oyster-wives might lock their fish up , come to the streets , and cry , no bishop . whereas thou dost affirm and say , presbytry-men are beasts of prey , vvho do establish gospel-order by rapine , sacriledge , and murder : thy reason hear both but and ben halts , it 's not the causes , but the mens faults . unto that sore , i gave this plaister , vvhen i did dispute with my master : to blame a cause , for persons vices is one of satans main devices , vvherewith he very oft doth make vvell-meaning men the truth forsake . it 's not superfluous and vain to tell a good tale ov'r again . none can deny but these things fell out , but the true cause thou dost not smell out . thy fallacy consists in this , thou mak'st a cause where no cause is . children are teached in the schooles , vvho reason so , they are but fools . vvas never yet a reformation of church , in any age or nation , but still the devil , to make it vain , the outmost of his wits doth strain : he beats all hell up with a taber , to make reformers lose their labour ▪ vvhen first he sees he doth no good by persecution and blood , by seeming sheep , and yet but goats , by vveeds appearing vvheat and oats , by seeming diamonds , yet but glass , by seeming , gold and yet but brass , by serpents in appearance fish , by silver potles fill'd with pish , by saints without , and fiends within , he strives the cause to undermine : as is recorded in the pages of stories written in all ages . vvhen christ appeared , came a theudas , and with saint peter , came a judas ; with luther , rotmans knipperdolings , who troubled munster with their foolings . david georges , johns of leyden , as is at large describ'd by sleyden . when calvin came , then came socinians : when perbins came , then came arminians : with hendersons , and cants , and trails , came some , who whisked ladies tails . who for such take us , are to blame , as one would revile st. paul for demas . and others also came , to wit , these locusts of the th' infernal pit : who seem'd at first all covenant-takers , but straight turned anabaptists , quakers , artemonits , photinions , servetians , socinians , manitheans , novations , scepticks , and corpocrocians , prochanits , sabellians , setheans , circumcellians ; herodians , herminians , somonians , armenians , docitheans , menandrians , eunomeans , cassandrians , eutichians , nestorians , and doctor hernry morians ; noetians , and martionitae , gnosticks , and anthropomorphit ▪ gortheans , and calphurnitans , and mr. gilbert burnetans ; meletians , and arrians , and antisabatarians ; helvidians , cainians , coluthians , agrippinians ; some chiliasts , and lampetians , some prove melchizedecians , cleobians , florinians , and some prove maximinians : abelians , thebusians , ophitae , and pepusrans , rhetorians , quintilianists , circoterists , pristilianists , eucratits , hermogenians , marians , and origenians , corintheans , and alogians : some half some whole peligians , some antitactae , some montences ; ascitae some , some royatenses , some donatists , volesians , some archonticks , some aetians . and some turn theodotians ; tascodrongits , nepotians , and some disciples turn'd of brown , vvho first infected every town ; doritheans , and fratricels , some neilorists , with hood and bells ; some transilvanian tritheitae , vvho once made ▪ drunk with aquavitae : vvith fists alstedius did belabour , and tore the beard of bethlehem gabor : some adamits , who as the speech is , cast off their petticoats and breeches : some other hereticks more gross , describ'd by alexander ross ; for which , at present i want time , and though i had , i have not rhime . that thy bear-simile may jump , those were our tails , that was our rump , vvhich from our buttocks being broke off , did all these horrid things you spoke of . but if thou still insist to rail , saying , we did them with our tail : that cavel's very quickly put off , 't was with our tails , when they were cut off if with my cut off arms and legs thou bishops noddles crush like eggs ; not i , late owner of the same , but thou who strikes , must bear the blame . it 's true indeed , at the beginning vve smelled those things were a-spinning ; but who leads ladies through the streets , expecting favour within sheets , coming to places , fy upon 't , vvhere none but one can pass in front , so barricado'd is the way , with emptied privies , mire and clay : if they find no clean place to stand on , yet ere their mistriss they abandon , through dung they march , like a bold fellow , till shoes and stockins grow gold yellow . this is our case , if i have skill , make the apodosis who will , the sum is in our ends , we mean well , though means we us'd , cannot sustain well . whereas thou sayest , our constitutions , church-censures , curses , absolutions , are several mystick chains we make , to ty poor christians to the stake , and then set heathen officers instead of dogs about their ears . at all thou dost not prove the question ; the which was raised the contest on . madness within thy brains hath far got , proving them bears , thou proves they are not whoever yet did see or hear , that bears yoak't dogs upon a bear ? as said thy master , that brave man too , who reason'd better then i can do , if synod-members , and church-wardens be no bears , synods no bear-gardens are , as to these is evident , satis , who reason can a conjugatis . thus worse then any man believes , thou proves these two affirmatives : and after thou has crackt so crouse , thy mountains do bring forth a mouse . whereas thou presbytry dost 〈◊〉 to be th' apocalyptick monster , likewise to be this very bear. which to the prophet did appear ; prefiguring the beastly rage of church rule in this latter age : thou dost interpret scriptures odly , that thou may 〈◊〉 upon the godly : a scripturest thou 〈◊〉 as he was in whose fool bonnet-case a bee was , who needs would presbytry have the cabal deciphered of the whore of babel , the antichrist 〈◊〉 〈◊〉 blood spilled , he was so mad , he 〈◊〉 no shame : those very murdred 〈◊〉 〈◊〉 name , it 's sure he either was 〈◊〉 or on a stage the fool he acted i 'm confident and do believe , if these two brave men 〈◊〉 alive , they would get 〈…〉 who hatch such glosses in their brains . it 's lamentable , many deem none love the king , but who blaspheme , and still make holy writ the scale , on which they take measures for to rail on . presbytrie for the king more stout , as those whom the very children flout , as champions , who though tongue-valiant , yet meeting with a fierce assailant , though with their tongue they take his part , their actions are not with a fart . they may well drink his health in taverns , and speak big words in holes and caverns , devising stories , lies , and fables ; call his most loyal subjects rebels ; but when they come to blows and knocks , they face about , and turn their docks . runs to their pottle , which they mind most , crying , the devil take the hind-most . where thou say'st , preachers of our kirk , and pastors , are the handie-work of mens mechanick paws , instilling . divinity in them by feeling : from whence they start up chosen vessels , as men by touch get itch and meazels . i see not clearly what thou means here , i think thou blasphemy sustains here : this with our church monomachie ends with a gigantomathie . first , having fallen on her out-works , or hedge , thy fancy round about works , till in the end thou find occasion , thinking she can make no evasion : then thou with this blasphemous dart thinks for to shoot her through the heart : like malefactor ty'd to post , by railing on the holy ghost . the author of manual imposition , by text express , and by tradition , thy own and others souls deluding , by such prophane similituding . no porphyre , julian , or celsus , ( as all the ancient stories tells us ) the christian faith blasphem'd , as thou doth , and others like thee , not a few doth : vvho bred , out of the peccant humors of this our church , like wens and tumors ; like maggots bred within a sore , would that which gave them life devour . thou 'lt say , these last four lines were stollen . i answer with that red-shank sullen , once challenged , for stealling beef . i stole then from another thief . now since thy sophistrie's confuted , i end , to have my lungs recruited . when ralph intended to reply , his voice was drowned with a cry of those , contending who the better had , of the champions , some the latter , some the first , and some said neither , and some affirm'd , they knew not whether . there was , among the rest , a fellow of swarthy hue , enclin'd to yellow ; his hide enambled with itch was , he just splea-footed , like a witch was : he was both broad and tall of person , with a long sword behind his arse on , which he said was to serve the king ; some think he meant another thing : however he was such a person 't was thought among them all was scarce one who better understood how things went , what rumps and presbytries disigns meant , and the kings too , it 's known he had sometime served all the three . they all conjured then alone him , that he would take the speech upon him , and finally decide the matter , who had the worst , who had the better : which unto him would be but small pains , who under all had made no small gains : at which requist the cacodaemon upon him took to be palemon . while advocats of both the parties with earnest and with piercing heart eyes expect his doome , like nero praying for justice to his fidle playing . it 's sport , quoth he , to be spectators to such a pair of gladiators : to see how they on other thump , he the lay-elders , he the rump , others affront with such disgraces , and so throw dung on others faces . when thieves reekon , it 's oft-times known that honest people get their own . by sad experience found it was , how that both these parties , pari passu had ruine brought , and desolations on their own , and their neighbours nations : when one the other had ov'rcome , and trode all under foot at home , then they send out their wooden high-towers , to trouble the repose of neighbours : and some times hither , some times thither , set europe by the ears together : that troubled with their mutual factions , they might not pry into their actions : which were , as all the world doth ken , abhorred both by god and men . nought more secureth desperat matters , then fishing doth in troubled waters . by such like policy and slight , they brought their power to such a hight , that denmark , holland , france , and spain , and sweden did strive with might and main , with humble and submissive speeches , to get the first kiss of their breeches . they brought upon all such a terror , all seem'd to idolize their error , but thanks to god , and albemarle , we now delivered are from peril . but none to thee , reply'd the squire , ( his breast so filled was with ire , that 's eyes both sparkled and scintilled ) like wolf , or wild-cat , when it 's killed . it 's known thou didst what e're thou could , ( but yet not so much as thou would ) to make us still under that peril which was remov'd by albemarle . to prospering king loyal to wonder , still traitor to him when at under . vvhen thou , at playing with both hands , has got inheritance and lands , thou takes upon thee now to teach , and like a fox , to lambs doth preach . that both of us did desolations and ruine bring upon the nations , i answer , both did mischief bring , vve by mistake , they by design : vvhen all is true thou say'st , yet that 's but like monkeys chesnuts , with a cats foot pulling from ashes , or from embers : bathrons for grief of scoarched members , doth fall a suffing , and meawing , while monkeys are the chesnuts chewing : yet more by policy then force , they made our brethren , foot and horse to pull them chesnuts from the fire , and wealth and power to them acquire : by which they did all europ toss , while we got infamy and loss . though i should teeth beat , like a tabor , with tongue , i fear i lose my labour . we by experience do find , that a proud stubborn froward mind with prejudice intoxicated , can hardly be indoctrinated : and yet my labour 's not mispent , if any be indifferent , they 'l find , as sun doth shine in clear day , that we were only rogues by hear-say , but fools indeed , which we will mend when we grow wiser , there 's an end . but now i straight will to the king , discharge the message which i bring : perhaps his majesty will grant , if well informed , what we want . however , i hope he will not fail to hear till i tell out my tale . though others foam , and fret , and chaff , i hope his majestie will saff . having this spoke , his horse he switches , first on the snowt , then on the breeches ; who half a sleep , at last was got with much difficulty to trot . yet some times paus'd he in the middle , like cadance keepers to a fiddle ; with rest alternative , and motion , the squire rides on with great devotion , till he came to his journeys end , h'alights , and doth not long attend , when some there came , who did him bring straight to the presence of the king ; whom he espying , bow'd his knee , and said , if 't please your majestie . the sun indifferently on all shines , as well on low shrubs , as on tall pines : god hears the cry's of rich and poor : wise solomon , to right a whore resolv'd a doubt , to all mens wonder , feigning to cleave the child asunder . your majesties wisdom inherent , and goodness , who are gods vicegerent , will not disdain to hear complaints of us , though but rejectaments . ye'll hear me , sir , defend our cause , though it be contrare to the laws : that ye may solve that gordian knot , if we be rebells , and if not ; if we be fools , wh'affirms we 're neither , he is a liar , though my father . i 'le use no speech with art besprinkled , like fairding on a face that 's wrinkled : without rhetoricating fond shows , while i speak , sir , as 't in the ground grows , if ye a gracious ear afford , shame fall me if i lie a word . most men affirm , they do not see what we non-conformists now would be at : that we 're more sundred in opinions , then are the king of spains dominions : then gazers on the late new star were , then the commanders at dunbar were . then lawyers and physicians counsels , then wives who kail and herbs in town sells ; canvassing things in church and state , when drink has set aloft our pate . where once w'agree , three times we squable , as doth a bag-pipe's base and treble . one fears that which another hopes for , like cardinals , when they make popes , or like heirs of line , or heirs of tailzies , or gild , or tradesmen making bailzies . now whether these be rants and flaws , devis'd , sir , to defame our cause ; or whether there be something in it , hear out my tale , now i begin it : if i conjecture not amiss , the marrow of the matter 's this . some while ago , sir , i was sent your majesty to complement , to beg some preachers which we wanted , but ere i came , sir , they were granted : when all expected thanks most hearty to you , from all the godly party ; i was informed by a letter , were grown the devil a whit the better . our old blind zeal within us still bides , we haunt conventicles on hill-sides , gives to our preachers blows and knocks , for which we 'r put in irons and stocks . i wondred what the matter meant , i thought , sir , that the devil was in 't , at length i was inform'd of new , the fault was only of a few ; not of us all , and these we ken have ever been john thomsons men , that is still ruled by their wives , who carping at some preachers lives , and reading their erroneous books , oppugning doctrine orthodox : cry'd out , prophanity and atheism , gross popery and arminianism is brought upon us by the prelats , with such expressions , those shee-zealots wrought so upon their husbands fancy , that they from fever fell to frenzy , threw at their preachers stones and clods , as setters up of other gods , as baal , beelzebub , and dagon , the apocalyptick whore and dragon . though such proceedings be half treason , yet to inform you there is reason : if any introduce the schisme of popery , or arminianisme . that popes , sir , are most dangerous things to princes , emperours , and kings , they set their feet upon their neck , they make them , sir , kneel down and beck , to hold their sirrop when they ride , and run like lackeys at their side : they make them bow down mouth and nose , to kiss , and smell , their sweaty toes : makes them stand bare-foot at their gates , and buy their peace at monstrous rates . they must have from them power all , both spritual and temporal , or they 'l hunt men to cut their throats , and blow them up with powder plots ; as both your grand-fathers can tell , yea , they will curse their souls to hell , and give their kingdoms to another , who pays most to their bastards mother , it 's long since for the holy ghost at rome olympias rul'd the rost : who think the practice far more sweeter of simon magus , then simon peter . that i speak truth , sir , within measure , appears by don ' olympias treasure , the next successor of st. peter thought he could take a course no fitter , then part the simoniack pelf , and take the one half to himself . then said one , though a conclave brother , it went from one thief to another . strange ! any orthodox divine should doubt who is the man of sin ? which questionless they had not done , if they had read on paul and john , who paints him in their prophesies , as they had seen him with their eyes . what e're divine of your dominions vents to the world such opinions , let them be gold , let them be glass , a serpent lurks within the grass . it 's thought the earl of wiltshire's spaniel knew antichrist , foretold by daniel , and paul and john , better then they who study scripture every day . when that the pope held out his foot for to be kissed round about , wond'ring to see the carle so vain , he snatch'd it till he piss'd again . this much of those erroneous books , oppugning doctrine orthodox . next , sir , as for those preachers lives , so much cry'd out on by our wives , all the account that i can give on 't is , that my minnie hath the lave on 't . i wish them keep a sober diet , or , if they drink , sir , keep it quiet : if openly they haunt the brewers , we 'll not secure them from stone-throwers ▪ we cannot help it for our life , sir , who can rule a lawless wife ? to make a willful wife her fits mend , would put your self , sir , to your wits end . though they cause whip them through the town , though they them hang , though they them drown , seing priests drunk at third bell ringing , they 'l up with stones , and fall a slinging . and thus , sir , i have shew'd you how the fault is only of a few , and not of all , and their defence is , that they follow conscience : if it be so , by bishops leaves , they cannot well be called knaves : what e're they be , it may be said , knaves never yet a conscience had . and that a greater slander refels , if they be no knayes , they 'r no rebels : i doubt any logician can a rebel prove an honest man. what are they then ? wee need n'advise , they 'r poor folks , large as daft as wise . if they be such , and wish you well , as others of their actions tell , when in the english troupers faces they you remembred in their graces . that there may be a solid peace , remove the cause , th' effect will cease . take notice of those whimsey books , which in effect are heterodox . if once those preachers mend their lives , there will be no stone-throwing wives . forbid them scandalize the leidges , by drinking healths to ports and bridges , to : whore of babel , and to giggs , and to preveen complaints of whiggs , to scratch their skin , cut caps and cloaths , and swear 't was whiggs , with monstrous oaths but see misfortune and mishap , for scratch of skin , and cut of cap examined to strictest rigours , had different geometrick figures . though cap was hither mov'd and thither , the wounds could ne're agree together . such scandal makes the gospel stink , such books and priests remov'd , i think we 'll keep the nine and twenty may-day , on thursday , saturnday , or friday ; on tuesday , wednesday , and munday , or any other day but sunday . yea , sir , when ye have ought adoe , to hazard lives and fortunes too . we will be ready at your call , else plague of god upon us all . observing how they all espy'd him , cheifly how all the ladies ey'd him ; was none among them all so coy , whom he had not made laugh for joy : believing , of them all was scarce one that honoured not his parts and person . he ears begins to prick , and neigh too , just like a ston'd horse in a meadow : yet curbing , as he could , his passion , till he should better learn the fashion : he made a congee , and got him down , to see the rar'ties of the town . how he did visit bedlam fool-men , and disputed with gresham-school-men ; discoursing of their pigs and whistles , and strange experiments of musscls , of resurections of ratts , and of the language us'd by catts , when in the night they go a cating , and fall a scolding and a prating : of their blood borrowing and lending , and all the ancients wisdom mending ; perhaps ye'll hear another time , when i want money and get rhime . i have no leasure for it now . let it suffice , to tell you how , that going home-wards near to high-gate , his muse had on her such a gay foot , that seeing london flee his view , he stands , and bids it thus , adieu . from hard calamities of wars , and ruines caus'd by fire , a noble work thou dost arise , like phenix fromit's sire . how stately buildings thee adorn . and towers which smite the sky , whose bells do , by their melody , apollo's harp out-vy . more famous , skilful artisans , the world never had : thy merchands worth nobilitates , the wealth he gets by trade . thy bishops zeal and pietie up through the heavens do flee ; thy magistrats , who thee govern , might roman consuls be . immortal vertues eloquence , and deep insight of mind ; thy muses , those of pallas town are not a jot behind . and as the sun , unto the world communicats his light ; so by thy kings resplendant beams , brave town , thou shines so bright . so rome arose , after the gaules had it destroy'd by flame . till in the end , the worlds bounds and romes , did prove the same . london , that path by the begun , if thou insist upon , strange , if the worlds empire and thine in end prove not the same . but now , thy buildings flee my sight , thy towres go out of view , ibid thee then , with weeping eyes , most generous town , adieu . the same in latine . post diras belli clades , flammaeque ruinas , e cinere ut phoenix nobile surgis opus . quam dicorant aedes , ferientes sidere turres ; pulsibus adjecta cessit apollo lyra : artifices clari majore & acumine nusquam , mercator meritis nobilitavit opes ; praesulis insignis piet as perfregit olympum ; consulibus potuit roma vetusta regi ; morihus eloquio , mentisque indagine musis : attica non major docta camaena tuis : ut phaebus mundum perfundit lumine regis sic splendes radiis urbs generosa tui . gallica sic crevit post dira incendia roma tandem idem limes orbis et urbis erat ▪ londinum incepto sipergas tramite mirum ! imperium fuerit ni orbis & urbis idem . nunc aedes visum fugiunt , subsidere turres aspicio lacrimans ; urbs generosa , vale. finis .