THE TROJAN HORSE OF THE presbyterial Government unboweled. Wherein is contained, I. The power of the Presbyterian Government. II. The persons in whom this power is placed III. The exercise of the Presbyterian power in Scotland, and the laws there imposed on the people's necks. Printed in the year 1646. THE TROJAN HORSE OF THE presbyterial Government unboweled. OF the Scottish Form of Church-Government, I have observed, That it hath been the studious endeavour of many men to procure the establishment of it amongst us, as appears by the importunity of divers Petitions to that purpose presented to the Parliament; and that upon pretence, that they are thereto engaged by the solemn League and Covenant. I note also, That the Parliament hath artificially declined the establishment thereof, by ordaining Commissioners in every County to superintend the proceedings of the Presbyteries, and to receive Appeals from them, and by reserving the Supreme Power of the last sentence, in themselves: and that they have so firmly adhered to this their Ordinance, as that they could not be removed from their resolution by the most potent solicitations. This great difference of judgement between persons so considerable, hath induced me to use my best diligence to understand the nature of that Government, about which they do so perniciously disagree. To that end, I have carefully informed my judgement, by considering the Frame of it, an it is set down in that model of Discipline which is contained in their psalm-book, and in the two books of Discipline, and the Confession of their Faith: some of which I know, and all of them I believe to be now the Muniments of that Church. If they be, I think I have truly collected from them, that their Church-Government is pernicious to civil Power, grievous to such as must live under it, and apt to disturb the common Peace: and that therefore those that are so earnest for it, (at the best) do but ask they know not what, and that the Parliament have reason to deny their requests. If they be not, they are the more to blame that seek to obtrude that yoke upon us, and enforce it by the obligation of an Oath, which they regard not before hand to acquaint us with, that we may knowingly (as men and Christians) resolve what is fit for us to do. Howsoever, I have determined to put into this Form, my Collections concerning that Government and Discipline, together with the Grounds from whence they are drawn, that they may be to myself a testimony, that I have not neglected the means of mine own information, & if any others shall happen to see them, that they (beholding at once the inference and the evidence) may pronounce as they shall find cause. And I shall observe this order, to consider severally, First, the Power which the Scots challenge as due to their Form of Church-Government, and what Bounds they set between it and the civil Power. Secondly, the persons in whom it is placed. Thirdly, the manner how it is exercised, and the laws which it imposeth on the people. Of the Power of the Presbyterian Government. THere are but two ways to bound it, that it overflow not all. The one, the subordination of the national Assembly to an ecumenical; and though I know nothing to the contrary, but that they acknowledge this subordination, yet no use can be made of it, (as things now stand) because in these sad divisions of Christendom, a general council cannot be called: The other, the sobordination thereof to the civil Power, which being the only means to keep them within their limits, it is necessary to consider what respect the Presbyterians give unto it. They would seem to ascribe much to the civil Magistrate, for they acknowledge, that the civil Power is God's Ordinance, which they that go about to take away, or confound, are enemies of mankind, and of God's express will, that the civil Magistrates are to be highly esteemed, that to them chiefly and principally the conservation and purgation of Religion appertaineth: and therefore it is sinful to resist them. Large Confes. of Faith, Artic. 25. They affirm, That the Ministers and others of the ecclesiastical Estate are subject to the Magistrate civil in external things: and that the civil Power may command the spiritual to do their office, according to the Word of God. 2. book of Discip. Chap. 1. They say, It appertains to the Office of a Christian Magistrate, to make laws and Constitutions agreeable to God's Word for the advancement of the Kirk, and Policy thereof, without usurping the power of the keys. 2 book of Dis. Chap. 10. Yet if the matter be well examined, it will be found that all these fair words are but like Mercury's piping to bring Argus asleep: For, 1 They challenge a power absolute and independent of the King, to convene in Assemblies at their own pleasure, and to appoint the time and place themselves. Hear their own words. All the ecclesiastical Assemblies have power to convene lawfully together for treating of things concerning the Kirk, and pertaining to their charge. They have power to appoint times and places to that effect, and at one meeting to appoint the diet, time and place for another. 2. book of Discipline, Chap. 7. 2 They claim power to themselves to make Constitutions ecclesiastical, without the consent of the Christian Magistrate. For this order's cause, they may make certain Rules and Constitutions, appertaining to the good behaviours of all the Members of the Kirk in their vocation. 2. Book of Discipline, Chap. 7. 3 They claim power to abrogate the laws of the Land touching ecclesiastical matters if they judge them hurtful or unprofitable. For so they say, They have power also to abrogate and abolish all Statutes and Ordinances concerning ecclesiastical matters, that are found noisome and unprofitable, and agree not with the time, or are abused by the people. 2. Book of Discipline, Chap. 7. 4. They require the Civil Magistrate to be subject to this their Power, To Discipline must all the Estates within this realm be subject, as well the Rulers as they that are ruled. 1. book of Discipline, Head 7. As the Ministers and others of the ecclesiastical State are subject to the Magistrate civil, so ought the person of the Magistrate be subject to the Kirk spiritually, and in ecclesiastical Government. 2 Book of Dis. Chap. 1. As Ministers are subject to the judgement and punishment of the Magistrate in external things, if they offend, so ought the Magistrates to submit themselves to the Discipline of the Kirk, if they transgress in matters of Conscience, and Religion. Ibidem. The national Assemblies of this country called commonly the general Assemblies, ought always to be retained in their own liberty, and have their own place; with power to the Kirk, to appoint times and places convenient for the same: and all men, as well Magistrates as inferiors, to be subject to the judgement of the same in ecclesiastical causes, without any reclamation or appellation to any Judge civil or ecclesiastical within the realm. 2. book of Discipline, Chap. 12. The Princes and Magistrates not being exemed, and these that are placed in the ecclesiastical Estate rightly ruling and governing, God shall be glorified, &c. 2. book of Discipline, Chap. 13. If any man shall wonder how these insolent claims can stand with their former expressions, in favour of the civil Magistrate; let him know, that there be two Texts in their book of Discipline, that will open this mystery, and reconcile the contradiction. The first, The Magistrate neither aught to preach, minister the Sacraments, nor execute the Censures of the kirk; nor yet prescribe any rule how it should be done, but command the Ministers to observe the rule commanded in the Word, and punish the Transgressors by civil means. The Ministers exerce not the civil Jurisdiction, but teach the Magistrate how it should be exercised according to the Word. Chap. 1. By this it appears, that all the power they allow the civil Magistrate in church-affairs, is only to be the Executioner of their Decrees. The second, Although Kings and Princes that be godly, sometimes by their own Authority when the Kirk is corrupted, and all things out of order, place Ministers, and restore the true servants of the Lord, after the example of some godly Kings of Juda, and divers godly Emperors and Kings also in the light of the New Testament: yet where the ministry of the Kirk is once lawfully constitute, 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. 2. book of Dis. Chap. 10. This Text (I confess) is fast and loose. For who shall be Judge whether the Church be corrupted and all things out of order, or whether the ministry be lawfully constitute, and the Office faithfully discharged? Shall the King? Their practice shows that they will not allow that. Shall the ministry be Judge? Then the power given to Princes in a corrupted Church, is just nothing: For sure, the Ministers will not condemn themselves. If any thing of certainty can be made out of this Oracle, it is this: That the Presbyterian Government must be supposed to be the only orderly Government, and all the proceedings of it just: and Kings and Princes may claim a power to cast out any other Government and set up that: but when that is once up, they must then be content with what the Assembly will allow them. 5 To their Doctrine that it is unlawful to resist the civil Magistrate, they give these bounds, while he doth his duty, and governeth as he ought. To disobey or resist any that God hath placed in Authority (whilst they pass not over the bounds of their office)— we confess or affirm to be sin, Large Confes. Art. 15. We confess and avow that such as resist the supreme Power, doing that thing which appertaineth to his charge, do resist God's Ordinance, and therefore cannot be guiltless. Large Confes. Art. 25. From these premises I think the inference is good, that if the supreme power pass the bounds of his Office, if he do not that thing which appertaineth to his charge, if he do the contrary, if he misgovern, than they hold resistance to be no sin, nor the Subjects that resist him to be guilty of resisting God's Ordinance. It may be that the general disaffection to regal Power, in these distractions, may render some men less apprehensive of the dangerous consequences of this Doctrine, and the former claims; as supposing them to have no other drift, then to clip the wings of royal Prerogative. But this is a gross and dangerous mistake: and whosoever shall be envested with that civil Power which shall be taken from the King, be it the Parliament, or whosoever else, must look to succeed him in the heavy enmity which this Presbyterian Power will exercise against the civil Power (when it doth not comply with them) in what hands soever it be placed. For, these encroachments of theirs are not upon the King, as distinguished from other Magistrates, but upon the civil Magistrate in common, whosoever he be, as appears plainly by the former Testimonies. So that if they have a mind to call a general Assembly, though the King and Parliament find it needless, or (in regard of circumstances of time, place, or distempered affections in the Ministers, or People) inexpedient, or dangerous; they will overrule, though to the highest disservice of the State, and must be obeyed. If they agree upon any ecclesiastical Constitutions and Canons, though the King and Parliament judge them never so contrary to the laws tending to the hurt of the kingdom, yet must they yield to this Presbyterian Power. If the King and Parliament make any laws concerning the affairs of the Church, which are not to their liking, they may repeals them. The King and Parliament must be Subject not only to their general Assembly, but (in subordination to that) to the Dictates of every petty parochial Session where their personal residence and abode shall be. Lastly, If the King and Parliament will govern contrary to their will and pleasure, their principles will allow them to incite the people to resist them. After so rank a crop of weeds, pernicious to civil power, I know not what regard will be had to the gleanings: which (yet) would not be lost. 6 Therefore if the civil Migistrate punish not with death such as in their judgement deserve it, they order that the Church may excommunicate the offender, not only for his crime, but as suspect to have corrupted the temporal Judge. If no remedy by them can be found, (that is by the Magistrates) then justly may the Church pronounce the offender excommunicate, as one suspect, besides his crime, to have corrupted the Judges, revengers of blood. Order of excommunication in the Psalm book. So that if the civil Judges think not fit to proceed against every one whom they hold a capital offender, not only the reputed offender shall be excomunicate, but in the publication of the Sentence the Judges shall be openly defamed as corrupt, and that upon a suspicion thus weakly grounded. 7 They determine that the temporal Magistrate is bound to punish Adultery with death, by God's own Law. It is clearly known to us, that N. sometimes baptised in the name of the Father, of the son, and of the Holy Ghost, and so reputed and counted for a Christian, hath fearfully fallen from the society of Christ's body, by committing of cruel and wilful murder, (or by committing filthy Adultery, &c.) which crime by the Law of God deserveth death. Order of Excom. in the Psalm Book. Blasphemy, adultery, murder, perjury, and other crimes capital worthy of death, ought not properly to fall under censure of the Kirk: because all such open transgressors of God's Law ought to be taken away by the Civil Sword. 1. Book of Discip. Head 7. Marriage, once lawfully contracted, may not be dissolved at man's pleasure as our Master CHRIST JESUS doth witness, unless adultery be committed: which being sufficiently proved, in presence of the civil Magistrate, the innocent (if they so require) ought to be pronounced free, and the offender ought to suffer death, as God hath commanded, 1. book of Discip. Head 9 SECT. of Marriage. If this be true, then (for aught I see) we are bound to all the judicials of Moses as well as to this which is one of them: as namely, to punish theft, not with death, but restitution; besides many other touching inheritances, purchases and other temporal things; which would cause infinite changes and confusions in our temporal laws. 8. They hold it unlawful for the civil Magistrate to pardon capital offenders. In the fear of God, we signify unto your Honours, That whosoever persuades you that ye may pardon where God commandeth death, deceives your souls, and provokes you to offend God's Majesty. 1 book of Discip. Head. 9 This puts such a tye upon Princes, as robs them of the exercise of their noblest virtue, mercy; inclines offenders to be desperate, and in such distracted times as this, may prove destructive to the kingdom. 9 They exact it as a duty of a Christian Magistrate, that if need require, he maintain the ministry with his own Rents. It pertains to the Office of a Christian Magistrate— to see that sufficient provision be made for the ministry, the schools, and the poor: and if they have not sufficient to await upon their charges, to supply their indigence, even with their own Rents if need require. 2. book of Discipline, Chap. 10. Compare but this with the power which the Presbyterians claim over the civil Magistrate, and it will appear, that their Discipline will allow them to be Judges, whether need require that the ministry should be maintained out of the King's Rents: and if they find that it do, then to pronounce that it is his office and duty to make the allowance, and to compel him to do his office by the church's censures, and warrant his Subjects to take arms against him, if he shall obstinately refuse. This is a compendious way for them to cut themselves large Cantells out of the King's Revenues. 10. They distinguish the object of civil and ecclesiastical power, not by the matter itself which may be the same in both; but by the divers ends proposed by the several powers. The Magistrate commandeth external things for external peace and quietness amongst the Subjects: the Minister handleth external things, only for conscience-cause. 2. book of Discip. Chap. 1. Here both the Minister and Magistrate deal with the same external things, and the difference is only in the end. So that by their Platform they may deal with all Civil Causes for a spiritual end, which the Pope usually expresses with this clause, In ordine ad bonum Spirituale, and these men (to the same effect) In ordine ad bonum Ecclesiae. But both he and they do by this distinction, usurp upon the civil Magistrate. Of the Persons in whom this Power is placed. THis power is (in the Scottish platform) put into the hands, partly of the Ministers of the Parishes throughout the Kingdom, who admit no Superiority of one over another, but a parity and equality of all, and partly of Lay-Elders, who meddle not with the administration of the Word and Sacraments, but are chosen by the people out of every Parish to join with the Ministers in the Government of the Kirk: and all Government and Discipline, is exercised jointly by them, by plurality of voices: in the several Parishes by the Ministers and Lay-Elders of the same, who are subordinate to a Classis made up of the Ministers and Elders of the Parishes within the bounds thereof, as the several Classes are to the provincial Assembly, consisting of Ministers and Elders chosen out of every Classis within the Province, and provincial Assemblies are in like manner subordinate to the national Assembly consisting of such a number of Ministers and Lay-Elders as the same Assembly shall think fit, chosen out of all the Provinces of the kingdom: and this national Assembly (since ecumenical counsels cannot be hoped for) acknowledgeth no superior upon earth. All these points (if things so much acknowledged need it) are proved by these ensuing Authorities. The parity of Ministers, As to Bishops, if the name {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} be properly taken they are all one with the Ministers. 2. book of Dis. Chap. 11. The conjunction of Lay-Elders with them in the Government. It is not necessary that all Elders be also Teachers of the Word. 2. book of Dis. Chap. 6. Their office is as well severally as conjunctly to watch diligently upon the flock committed to their charge, both publicly and privately, that no corruption of Religion or manners enter therein. Ib. Their principal Office is to hold Assemblies with the Pastors and Doctors (who are also of their number) for establishing of good order and execution of Discipline: unto the which Assemblies all persons are subject that remain within their bounds. Ib. In assembling the people, neither they without the Ministers, nor the Ministers without them, may attempt any thing. Psalm Book Tit. Of the Elders, &c. The Pastors or Ministers chief office standeth in preaching the Word of God, and ministering the Sacraments: so that in consultations, judgements, elections and other political affairs, his counsel rather than authority taketh place. Ibid. Titl. of the Ministers office and duty. The Elders being elected must be admonished of their office, which is, to assist the Ministers in all public affairs of the Kirk, to wit, in determining and judging causes, in giving admonition to the licentious liver, in having respect to the manners and conversation of all men, within their charge.— Yea the Seniors ought to take heed to the like manners, diligence, and study of their Ministers: If he be worthy of admonition, they must admonish him; of correction, they must correct him, &c. 1 book of Discip. 8. Head, Of the election of Elders, &c. Their election by the people. Men of best knowledge in God's Word, and cleanest life, men faithful, and of most honest conversation, that can be found in the Kirk, must be nominate to be in election, and their names must be publicly read to the whole Kirk by the Minister, giving them advertisement that from amongst them must be chosen Elders and Deacons. Ibidem. If any man know other of better qualities within the Kirk than these that be nominated, let them be put in election, that the Kirk may have the choice. Ibid. It pertaineth to the people, and to every several Congregation, to elect their Minister. 1 book of Discipline, 4 Head, Of Ministers, &c. And because this order which God's Word craves, cannot stand with Patronages and presentation to Benefices, used in the Pope's Kirk: we desire all them that truly fear God, earnestly to consider, that for as much as the names of Patronages and Benefices, together with the effect thereof, have flowed from the Pope, and corruption of the Canon Law only, in so far as thereby any person was entrusted or placed over Kirks having Curam animarum: and for as much as that manner of proceeding hath no ground in the Word of God, but is contrary to the same, and to the said liberty of election, they ought not to have place in this light of Reformation. 2. Book of Discip. Chap. 12. The subordination of their Elderships, and Assembli●s, and how they share this power among them. Elderships and Assemblies are commonly constitute of Pastors, Doctors, and such as we commonly call Elders, that labour not in the Word and Doctrine, 2 Book of Dis. Chap. 7. Assemblies are of four sorts. For, either they are of particular Kirks and Congregations, one or more; or of a Province, or of a whole Nation, or of all and divers Nations professing one Jesus Christ. Ibid. The first kind and sort of Assemblies, although they be within particular Congregations, yet they exerce the Power, Authority, and Jurisdiction of the Kirk with mutual consent, and therefore bear sometime the name of the Kirk. When we speak of the Elders of the particular Congregations, we mean not that every particular Parish-Kirk can or may have their own particular Elderships, specially in Landward; but we think three, four, more or fewer particular Kirks may have one Eldership common to them all to judge their ecclesiastical causes. Yet this is meet that some of the Elders be chosen out of every particular Congregation. Ibid. It pertains to the Eldership to take heed that the Word of God be purely preached within their bounds, the Sacraments rightly ministered, the Discipline rightly maintained, and the ecclesiastical goods uncorruptly distributed. It belongs to this kind of Assembly, to cause the Ordinances made by the Assemblies provincial, national, and general to be kept and put in execution. To make Constitutions which concerns {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} in the Kirk, for the decent order of these particular Kirks where they govern, (provided that they alter no rules made by general or provincial Assemblies, and that they make the provincial Assemblies foreseen of these Rules that they shall make) and abolish them that tend to the hurt of the same. It hath power to excommunicate the obstinate. The power of election of them who bear ecclesiastical charges pertains to this kind of Assembly within their own bounds, being well erected and constituted of many Pastors and Elders of sufficient ability. By the like reason their deposition also pertains to this kind of Assembly; as of them that teach erroneous and corrupt Doctrine, that be of slanderous life, &c. Ibidem. provincial Assemblies we call lawful conventions of Pastors, Doctors, and other Elders of a Province gathered for the common affairs of the Kirk thereof. Ibidem. This Assembly hath power to handle, order, and redress all things committed or done amiss in the particular Assemblies. Ibidem. And generally their Assemblies have the whole power of the particular Elderships whereof they are collected, Ibidem. The national Assembly which is general to us, is a lawful Convention of the whole Kirks of the Realm. Ibidem. None are subject to repair to this Assembly to vote, but ecclesiastical persons to such a number as shall be thought good by the same Assembly. Ibidem. This Assembly is institute, that all things either committed or done amiss in the provincial Assemblies, may be redressed and handled: and things Generally serving for the weal of the whole body of the Kirk within the realm, may be foreseen, entreated, and set forth to God's glory. Ibidem. Now if the Presbyterian power itself be so pernicious as it appears to be by what was said before, surely to put it into such hands as by this model are to have it, must needs make all judicious and impartial men much more averse from it. For first, that it admits of no Superiority of one above another, but requires a parity of those that govern, is like to produce manifold inconveniences. The resolutions both in public affairs, and private men's causes will be very slow; because many men, will be of different judgements and affections: and such as are not soon brought to agree in one determination. The difference of Opinions and Interests is like to breed factions and contentions. The decisions are in danger to be often corrupt, because it is harder to find many men of skill and integrity then one. These inconveniences are like to be bred by a parity of many governors: and those that Episcopacy is accused of, are not likely to be removed by this parity, but augmented rather, for both reason and experience may teach us, that amongst many equals, popularity will make some one the leader of the rest; and he will offend more boldly than if he were indeed a Bishop, because howsoever he do amiss, yet he can excuse himself, and lay the blame upon others. Secondly the mixture of laymen and Ministers together in the exercise of this power is of very dangerous consequence. It is like to breed acmulations between the Ministers and the Laity, while each one sides with his own order against the other. Men grossly ignorant in matters of Divinity, must be Judges of Doctrine; and they that cannot in a small time be taught what heresy is, much less how to discern heresy from truth, determine of it, and others be bound to submit to their judgement. Men whose education and employment is either in the field, or the shop, of whom a wise man once said, That they should not be sought for in public council nor sit on the judge's seat, because they understand not the sentence of Judgement; men who neither know how to do right if they would, nor would care for it if they knew it, (for where the mind that should rule is weak, the corrupt passions that should be ruled, break out into all disorder:) These must be trusted with the making of Church-Lawes, and Government even of those things that concern the precious souls of men for whom Christ died; to say nothing of their quiet, their reputation, and their purses, which will be all exposed to those injuries that may be expected from blind malice, revenge, envy, covetousness, partiality, and insolence. All these mischiefs are the more to be feared, in regard of the distempers of this sad time, in which this Government is sought to be erected. For those that are slaves to their corrupt affections, and apt to be transported by them, though they be not provoked, will much more violently pursue their bad designs, if power be then put into their hands, when they are chafed to so high a decree of acrimony, This would the rather be thought of, because the entrance into any business of concernment as it is good or evil, lightly seasons the subsequent proceedings with the same relish: so that inconveniences brought in at the first settling of a Government, can hardly ever after be rooted out. Thirdly, let it be considered what kind of persons stand fairest to be chosen for Lay-Elders. If we make our judgement herein, upon observation of those dispositions, which qualify men for the people's favour, we shall find them to be, for the most part, either activeness or greatness. In some Parishes he can do most, who though he hath neither wealth, wit, nor honestly, is yet most active and busy: and if this be the choice, those will be trusted with the spiritual power that are aptest to bring all to ruin and confusion. But if greatness bear the sway, (as in most places it is like to do) then shall men of great estates and dealing in the world, great Landlords, noblemen, and Gentlemen, be Lay-Elders: who will use their power to enthrall their Tenants, dependants, and inferiors to them, and bring the Yeomanry and Husbandmen of England to such a slavery, and vassalage under them, as that sort of men groan under in Scotland. Fourthly, though Appeals may seem to afford some remedy, yet is that of little use, being a matter of so much trouble and charge to go from the Parish-Session to the Classis, and from thence to the provincial Assembly, and from thence to the general Assembly, before a man can come at the Parliament: so that very few men can make use of it. Wherefore since Appeals leave the most men without remedy, it is a madness to make those men Judges in the first instance, that are so like to judge amiss. Fifthly, the constitution of general Assemblies for the number of Ministers and Lay-Elders to be sent from the several Presbyteries, being at the will of the same Assembly, is very uncertain, and may surprise those that little dream of it, and take away all power from either the Ministers or the laity before they be aware. For if in some one general Assembly practices shall prevail to over-prise one part with a greater number of the other; that part that then gets all the power into their hands, will keep the other under irrecoverably: and of this mischief Scotland will afford an instance. Lastly; in this form of Government such a multitude of men have a share, that if they shall be found to abuse their power to the prejudice of the State, it will hardly ever be possible to get it out of their hands again. For example, if Church-Government be put into the hands of the Ministers and Lay-Elders of almost 10000 Parishes, and thereby some inconveniences not yet foreseen shall arise which shall induce the State to change it for another form: how shall they be able to wrest the power out of the hands of a Faction so numerous, who having found the sweet of Rule will be loath to part with it? Of the exercise of the Presbyterian Power in Scotland, and the laws there imposed on the people's necks. IT now remaineth that by considering their particular laws we show how grievous the exercise of this Power will be to all sorts of men that live under it. 1. It hath been showed already that the Presbyterian Government requireth that all Ministers be appointed by a popular election, and utterly disalloweth Patronages of livings that have cure of souls: which will be prejudicial to the Nobility and Gentry, despoiling them of their inheritance. And if any shall object that either in this or any other matter their practice differs from their rule, let him mark what caution is given in the Preface to the books of Discipline. To distinguish betwixt the Kirks purpose and intention in every particular, and their possibility to perform and practise as circumstances concurred, or were contrary: and he shall find that the practice prevails only because they want power to alter it, and that they will never rest satisfied, till they obtain their purpose. 2. They are no better friends to the Ministers, than to the Nobles and Gentry: for their laws provide that they shall be kept poor enough, to make both them and their Doctrine servile to the people's humours. Their Benefices must be changed into stipends. That which is called the Benefice, aught to be nothing else but the stipend of the Ministers that are lawfully called, 2. Book of Discip. Chap. 3. These stipends must be raised out of the rents of the Tithes which are paid to the Deacons by the owners, and out of them must the poor and the schools be provided for, as well as the Ministers. We think it a most reasonable thing that every man have the use of his own Tiends, provided that he answer to the Deacons, and Treasurers of the Kirk, of that which in justice shall be appointed unto him. We require the Deacons and Treasurers rather to receive the Rents then the Ministers themselves; because that of the Tiends must not only the Minister be sustained, but also the poor and Schools. 1 book of Discip. 6. Head, Of the Rents, &c. Yea the second Book of Discipline, Chap. 12. goeth further, and will have the Kirk rends divided in four portions, whereof the Minister must be content with one, the other three to be for the Elders, Deacons, and other Kirk-Officers, Doctors, schools, the poor, reparation of the Kirks, and other extraordinary charges for the Kirk and commonwealth: The words I omit for brevity. When all these collops are cut out, the Ministers part is partly taxed, and partly left to the courtesy of the Kirk. It is thought good that every Minister shall have at least forty bolls meal, twenty six bolls malt, to find his house bread and drink, & more, so much as the discretion of the Church finds necessary, besides money for buying of other provision to his house, and other necessaries: the modification whereof is referred to the judgement of the Kirk, to be made every year at the choosing of the Elders and Deacons of the Kirk. 1. Book of Discip. 5. Head, Of the provision for the Ministers, &c. Their Glebes if they exceed six Acres, they are content shall be detained. If any Glebe exceed six Acres of ground, the rest to remain in the hands of the possessors till order be taken therein. 1. book of Discip. the 6. Head. 3 In general this Government insults upon the enslaved people with all sorts of heavy burdens and vexations. When they have brought the ministry into so poor a condition that few but the lowest of the people will willingly enter into it: then to supply that defect, they have laws to compel men to take that function upon them, and Parents to dedicate their children to it, by the censures of the Kirk and the civil Power. Your Honours with consent of the Church are bound by your Authority to compel such men as have gifts and graces able to edify the Church of God, that they bestow them where greatest necessity shall be known. 1. book of Discipline, 4. Head. Of admission. The rich and potent may not be permitted to suffer their children to spend their youth in vain idleness, as heretofore they have done: but they must be exhorted, and by the censure of the Kirk compelled to dedicate their sons by good exercises to the profit of the Kirk and commonwealth. 1. Book of Discip. 5. Head. SECT. Of the necessity of Schools. And if any be found disobedient, and not willing to communicate the gifts and special graces of God with their brethren, after sufficient admonition, Discipline must proceed against them: Provided that the Civil Magistrate concur with the judgement and election of the Kirk. 1. Book of Discip. 9 Head, SECT. For prophesying. With them it is not enough that the younger sort be catechised before their first admission to the communion, but all persons must be held as children all their life long, and once a year at least be examined in the principles of Religion: which examination (to use the phrase of their own Book) is like to be sharp enough, to those that know not the ways of mollifying their Examiners. Of necessity we judge that every year at the least, public examination be had by the Ministers and Elders of the knowledge of every person within the Kirk. 1. Book of Discip. 9 Head. Of policy. Those that thought twenty six holy-days in a year a burden if this Government be brought in, must have one day in every week taken from them (besides the Sunday) and set apart for Sermons, and Prayers, from labour both by Masters and Servants, at least during the time of the public Exercise. Every week once let the Congregation assemble to hear some place of the Scriptures orderly expounded. Psalm-Book. SECT. Of the interpretation of the Scriptures. In every notable town we require, that one day besides the Sunday be appointed to the Sermon, & Prayers: which during the time of Sermon must be kept from all exercise of labour, as well of the master as of the servant. 1. book of Dis. 9 Head. Of Policy. Those that complained of the Bishops Courts once in three weeks as an intolerable vexation; if this Government be set up, must be yoked with a Consistory one day in every week: so that they shall have but four days in seven free, to do their own business. It is ordained that every Thursday the Ministers and Elders in their Assembly or Consistory, diligently examine all such faults & suspicions as may be espied, not only amongst others, but chiefly amongst themselves. psalm-book. SECT. Of the weekly Assembly, &c. If a man be acquitted of Homicide by the temporal Judge, the Presbytery holding him to be guilty, take upon them to impose satisfactions upon him at their discretion: which is both an affront to the temporal Judge, and a grievous vexation to the party, who perhaps is innocent, and maybe a pretence for them to put their hands in the Subjects purses, if they shall think fit, to require a pecuniary mulct for satisfaction. If the offender abide an assize, and by the same be absolved, then may not the Church pronounce excommunication: bu● justly may exhort the man, by whose hand the blood was shed to e●ter into consideration with himself how precious is the life of man before God, and how severely God commandeth blood, howsoever it be shed except it be by the sword of the Migistrate, to be punished: and so may enjoin unto him such satisfactions to be made public to the Church as may bear testification, of his obedience, and unfeigned repentance. Psalm-Book. In the order of Excommunication. That this presumption of their putting their hands into men's purses is not groundless, may appear by another of their Constitutions, wherein they take upon them to tax damages upon capital offenders convict before the temporal Judge, and to moderate between the offender and the party offended, in that point. The sentence of excommunication once pronounced, the Church may not suddenly admit the murderer or convict adulterer to repentance and society of the faithful, albeit that pradon be purchased of the Magistrate: but first ought inquisition to be taken, if the murderer have satisfied the party offended, that is, the kin and friends of the man slain: which if he hath not done, neither is understood willingly so to do, the Church in no wise may hear him. But and if he be willing to satisfy, and the friends exceed measure and the possibilities of him that committed the crime, then ought the Church to put moderation to the unreasonable, in case the civil Magistrate hath not done so before. Psalm Book. In the order of Excommunication. By their laws they make such things punishable, as will leave no man in safety with whom they have a mind to quarrel. If a man conform not his words, his gestures, his expenses, his diet, his apparel to their liking: nay, it they do but suspect him to be inordinate in these things, they convent him, and admonish him, and if he obey not their admonitions, they thunder out the sentence of Excommunication against him. Wanton and vain words, uncomely gestures, negligence in hearing the preaching, or abstaining from the Lord's Table when it is publicly ministered, suspicion of avarice, or of pride, superfluity, or riotousness in cheer or raiment: these we say and such others that of the world are not regarded, deserve admonition amongst the members of Christ's body.— If he continue stubborn, than the third Sunday ought he to be charged publicly to satisfy the Church for his offence and contempt, under the pain of Excommunication, psalm-book. In the order of public Repentance. This is an unheard of tyranny, when a man may neither order his estate, nor wear a garment, nor eat, nor spe●ke, nor look, but at their liking: yet this is not the worst, for these Lord's paramount, take upon them to be Judges not only of external things, but even in men's inward thoughts and affections too, if they be by any means discovered to them. The Magistrate handleth external things only, and actions done before men: but the spiritual Ruler judgeth both inward affections, and external actions in respect of conscience, by the Word of God. 2. Book of Dis. Chap. 1. The Conclusion. Out of that which hath been said, I conclude, 1 That this Form of Government would prove pernicious both to our King, Parliament, ministry, and People: and that the relations that have been published of the Presbyterians affronts done to regal power in Scotland, their contests with Parliaments, the confusions by them caused, and their injustice and tyranny over the people: are very well consistent with their Principles. 2 That those who are so earnest to set up here that Government and Discipline, are therefore zealous for it because they know it not. For otherwise it is hardly possible that any that will know a thing so unlovely, should be so far in love with it. Especially if we consider, that this which yet appears is but the lion's paw: his whole body is not yet seen, nor easy to be seen, but lies lurking (a great part of it) in the Registers of their Assemblies and Sessions never yet published to the world, so that all the judgement we can make of it is, that by the badness of that little that we see, we may suspect more of the rest which we see not. For that there is yet much more unseen, let the Preface of the Books of Discipline bear witness. Under the name of Discipline is to be understood, not only the particulars expressed in these two Books, but also the Acts, Constitutions, and Practices agreed upon and recorded in the Registers of the general and provincial Assemblies, Presbyteries and Kirk-Sessions. 3 That the forwardness of the Scots to get it here established proceeds not (in probability) from any love they bear to the thing itself for its own sake: we may rather presume that themselves (except them whose turns are served by it) are weary of it. Wherefore we have rather cause to suspect that there is something of Ulysses in it: and that they would bring i● in upon us like the Trojan-Horse with the belly full of armed men, to take our Troy-novant: that because they know it cannot here be settled without a War, nor that made without their assistance, they may use the help of our own hands to put their yoke upon our necks, and give Law to our Nation, which they of late so much disdained to receive from us. 10 That the Parliament hath done very prudently in declining so constantly the erection of this Government. I wish that their Decree of Election had been as provident as this of reprobation. For I consider, that in that mixed form of Government which instead of it they have chosen for a time, they have not only displeased the Presbyterians in that which they have denied; but also the Brethren of the congregational Assemblies in divers things which they have granted: as namely, in excluding from their voice in the Election of Elders, those that are not satisfied of the lawfulness of taking the Covenant and Servants, as if difference of opinion could deprive men of those privileges whereto they have as good right as others that have no scruples, or as if in spiritual things there were any difference between bond and free: In forbidding any to be chosen an Elder but where his dwelling and most residence is, whereas perhaps he cannot consent to be of that Congregation: In making those Judges and triers of Elections which are not Members of that Congregation where the election is made: In appointing a Subordination and Subjection of congregational Elderships to the Government of classical, provincial, and national Assemblies, and making them Judges of Appeals from the other: In forbidding one Congregation to admit him that is suspended from another without their Certificate: In authorising the civil Power to judge spiritual Causes, and in leaving the repentance and restoring of suspended Persons wholly to the discretion of the Presbyterian Eldership. So, that this mixed form set up by the Parliament, may prove like the Interim of Charles the fifth, which being a middle way of Religion between the Protestants and Papists made to reconcile them, and compose differences till a means of more perfect union might be found out, displeased both sides, and by alienating them both from him, stopped the growing greatness of that mighty Emperor. And the like effect may this English Interim produce, discontenting both the sides, and provoking them to fail the Parliament when they have most need of them. Wherefore it would be considered, whether to avoid the difficulties, otherwise insuperable, it were not better to be content with that Government, which was before; which would certainly conciliate one side, and (if their professions may be believed) lest displease the other two. For, as for the alienation of the Bishops Lands from the Church; the hope whereof may perhaps make some men resolute to persist in the endeavour to root out that Order: let them but consider how the first Book of the Scots Discipline, 6. Head, requires them to be retained in the use of the Kirk; how the second Book 9 Chapter determines, that the alienation thereof to profane uses, is detestable sacrilege before God, how their psalm-book appoints it in one of their forms of public Prayer to be confessed as a grievous sin, how the Kirk of Scotland in their Declaration made since these times, renew their claim against the possessors: Lastly, what power the Presbyterian-Preachers will have over the consciences & affections of the multitude if that Government go up, and by the multitude against all that are not favoured by them: and they will easily conclude, that they cannot possess them long in quiet. FINIS.