AN EXPLANATION OF THE MEANING OF THE OATH AND COVENANT.  
PUBLISHED BY THE L. MARQUIS, his Majesty's High Commissioner in SCOTLAND, By the KING'S special command.   printer's device of Robert Young 
R Y  
יהוה  JUSTUS VIVET FIDE DEUS PROVIDERIT 
LONDON, Printed by His Majesty's Printer for Scotland, Anno Dom. 1639.   coat of arms of the Duke of Hamilton HONI SOIT QVI MAL Y PENSE 
THROUGHE   

WHereas some have given out, that by the Act of Council, which explaineth the Confession of Faith lately commanded to be sworn by his Majesty, 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 & discipline then established is sworn, at which time episcopal 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 general Assembly, though but a pretended and unlawful one, this objection is held to be of some moment, and used by them to the great disturbance of the peace of this church and kingdom, and to the great disquieting of the minds of such his Majesty's good subjects as have taken the said oath, and yet never meaned nor do mean to abjure episcopal government; And to persuade others, that if they shall take the same oath thus explained by the said Act of Council, by so doing they must likewaies abjure the said government:  
We James marquis of Hamiltoun, his Majesty's high Commissioner, wondering that any such scrupulous misconstruction should be made of his Majesty's gracious and pious intentions, and being desirous to remove all doubts from the minds of his Majesty's good subjects, and to keep them from being poisoned by such as by forced and forged inferences would make them believe, that they had actually by taking that oath sworn that which neither virtually nor verily they have sworn, or ever intended to swear, or was required by authority to be sworn by them, either directly or indirectly: Considering that all oaths must be taken according to the mind, intention, and commandment of that authority, which exacteth the oath; and that we, by special commandment from his sacred Majesty, commanded the said oath to be administered, we do hereby freely and ingenuously profess and declare our mind and meaning herein, as we have constantly heretofore done since our coming into this kingdom about this employment; viz. That by any such words or act of council we never meaned or intended that episcopal government should be abjured, nor any thing else which was established by acts of parliament, or acts of the church of this kingdom, which are now in force, and were so at the time of the taking of the said oath.  
Nor indeed could we have any other intention or meaning, being clearly warranted and expressly commanded by his Majesty's instructions, to exact the said oath, and take order that it should be sworn throughout the kingdom in that fair and lawful sense, and none other. Neither in this point did we deliver our own words, or his Majesty's mind ambiguously or doubtfully, so as any other sense, to our thinking, could be picked or wrung out of either the one or the other; for we do attest the Lords of the Council, whether we did not to many, or all of them upon several occasions in conference with them ever since our coming into this kingdom, constantly declare unto them, that his Majesty's resolution was not to suffer episcopal government to be abolished: We attest all the Lords of Session, whether before our tendering of that oath to them, or their Lordship's taking of it, we did not fully and freely declare to them, that his Majesty's mind in commanding us to see this oath taken, and our own mind in requiring them to take it, was only to settle and secure the religion and faith professed in this kingdom, but was not to be extended to the abiuring of episcopal government, or any other thing now in force by the laws of this church and state at the time of administering this oath, which their Lordships, being the reverend and learned Judges of the laws, knew well could not be abjured; after which perspicuous predeclaration of our mind, their Lordships undoubtedly in that same sense and none other took the said oath.  
And now, good Reader, having heard his Majesty's mind and intention, and in pursuance of them, the mind of his Majesty's high Commissioner concerning this oath, though reasons to repel the former objection seem to be needless (the known mind of the supreme Magistrate who urgeth an oath, being to be taken for the undoubted sense of it) yet forasmuch as that objection hath of late been mainly urged for alienating the minds of many of his Majesty's good subjects, and well affected to that government, from adhering unto it, be pleased to know, that the former objection hath neither show nor force of reason in it, and that by the said oath and that explanation set down in the act of council, episcopal government neither was nor possibly could be abjured, and that for many reasons, but especially these five, which we having seen and approved, have caused to be here inserted, and leave them to thine impartial consideration.  
First, God forbid it should be imagined that his Majesty should command his subjects to take an oath which in itself is absolutely unlawful: But for a man to swear against a thing which is established by the laws of the church and kingdom in which he liveth (unless that thing be repugnant to the law of God) is absolutely unlawful, until such time as that kingdom and church do first repeal these laws: And therefore episcopal government not being repugnant to the law of God, nay being consonant unto it, as being of apostolical institution (which shall be demonstrated if any man please to argue it) and standing fully established, both by acts of parliament, and acts of general assembly at the time when this oath was administered; to abjure it before these acts be repealed, is absolutely unlawful, and against the word of God: and it is to be hoped no man will conceive that his Majesty meaned to command a thing absolutely unlawful. 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 pitiful shifts and evasions) that these acts of parliament and assembly establishing episcopal government, were unlawfully and unduly obtained: certainly 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 settled church or commonwealth; these reasons may be presented lawfully to these judicatories to entreat them to reduce the said's acts, if there shall be strength and validity found in them. But to hold, that until such time as these judicatories shall repeal the said's laws, they either aught to be, or can possibly be abjured, is a wicked position, and destructive of the very foundation of justice both in church and commonwealth.  
Secondly, it cannot be imagined that this oathshould oblige the now takers of it farther than 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 perpetual, immutable and eternal: But for points of discipline and government, and policy of the Church, that oath could bind the first takers of it no longer than that discipline and government should stand in force by the laws of this Church and Kingdom, which our Church in her positive confession of faith printed amongst the acts of Parliament, artic. 20.21. declareth to be alterable at the will of the Church itself, and so repealable by succeeding acts, if the Church shall see cause. When a king at his coronation taketh an oath to rule according to the laws of his kingdom, or a judge at his admission sweareth to give judgement according to these laws, the meaning of their oaths cannot be that they shall rule or judge according to them longer than they continue to be laws: But if any of them shall come afterwards to be lawfully repealed, both king and judge are free from ruling and judging according to such of them as are thus lawfully repealed, notwithstanding their original oath. Since therefore if the first takers of that oath were now alive, they could not be said to have abjured episcopal government, which hath been since established by the laws of this church and kingdom, especially considering that this church in her confession holdeth church government to be alterable at the will of the church: certainly we repeating but their oath, cannot be said to abjure that government now, more than 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 very act of his Majesty's commanding this oath should make episcopal government to be abjured by it, more than the covenanters requiring it of their associates, in both covenants the words and syllables of the confession of faith being the same? Now it is well known that many were brought in to subscribe their covenant, by the solemn protestations of the contrivers & urgers of it, that they might subscribe it without abjuring of episcopacy, 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 clearly expressed themselves to that sense, holding these things for the present not to be abjured, but only referred to the trial of a free general Assembly: and likewaies the adherers to the last protestation against his Majesty's proclamation, bearing date the 9 of September, in their ninth reason against the subscription urged by his Majesty, do plainly aver, that this oath urged by his Majesty doth oblige the takers of it, to maintain Perth articles, and to maintain episcopacy. Why therefore some men swearing the same words & syllables should have their words taken to another sense, & be thought to abjure episcopal government, more than others who have taken the same oath in the same words, must needs pass the capacity of an ordinary understanding.  
Fourthly, it is a received maxim, and it cannot bedenied, but that oaths ministered unto us must either be refused, or else taken according to the known mind, professed intention, and express command of authority urging the same: A proposition, not only received in all schools, but positively set down by the adherers to the said protestation totidem verbis in the place above cited. But it is notoriously known even unto those who subscribed the confession of faith by his Majesty's commandment, that his Majesty not only in his kingdoms of England and Ireland, is a maintainer and upholder of episcopal government according to the laws of the said Churches and Kingdoms, but that likewaies he is a defender, and intends to continue a defender of the same government in his kingdom of Scotland, both before the time, and at the time when he urged this oath, as is evident by that which is in my Lord Commissioner his preface, both concerning his Majesty's instructions to his Grace, and his Graces expressing his Majesty's mind, both to the Lords of Council, and to the Lords of Session; and the same likewaies 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 Majesty's mind, intention, and commandment, is no other but that the confession be sworn, for the maintenance of religion as it is already or presently professed (these two being co-incident altogether one and the same, not only in our common form of speaking, but in all his Majesty's proclamations) and thus as it includeth, and continueth within the compass thereof, the foresaids novations and episcopacy, which under that name were also ratified, in the first parliament holden by his Majesty. From whence it is plain, that episcopacy not being taken away or suspended by any of his Majesty's 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 ways be intended by his Majesty to be abjured by the said oath. Now both the major and that part of the minor which concerneth episcopal 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 kingdoms being notoriously known, not only to them, but to all others who know his Majesty, how it can be imagined that his Majesty by that oath should command episcopacy to be abjured, or how any one to whom his Majesty's mind concerning episcopal government was known, could 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 council 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 council be taken in that not only rigid but unreasonable and senseless sense which they urge, yet they can never make it appear, that episcopal government at the first time of the administering of that oath was abolished: The very words of that confession of faith, immediately after the beginning of it, being these, Received, believed, defended by many and sundry notable kirks and Realms, but chiefly by the kirk of Scotland, the King's Majesty and three Estates of this realm, as Gods eternal truth & only ground of our salvation, etc. 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 believed and received by the King's Majesty, and the three Estates of this realm at that time in being; and it is well known, that at that time Bishops, Abbots and Priors made up a third estate of this realm, which gave approbation to this confession of faith: and therefore it is not to be conceived, that this third estate did then abjure episcopacy, or that episcopacy was at the first swearing of that confession abolished. But say that at that time it was abolished by acts of general Assembly, 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 immediately after these reasons, which we 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 known, were in being. Now it is to be hoped that in a Monarchy or any other well constituted republic, that damnable Jesuitical position shall never take place, That what is once enacted by a Monarch & his three estates in Parliament, shall ever be held repealed or repealable by any ecclesiastical national Synod.  
By all which it is evident, that the explanation of that act of council so groundlessly urged, can induce no man to imagine that by the confession of faith lately sworn by his Majesty's commandment, episcopal government, which then did, and yet doth stand established by acts of this Church and Kingdom, either was, or possibly could be abjured.  
And having now (good Reader) heard his Majesty's mind in his instructions to us, our mind in requiring in his Majesty's name this oath to be taken, and these few reasons of many which do evidently evince the inconsequence of that sense which without any show of inference is put upon it by those, who would go on in making men still believe, that all which they do or say is grounded upon authority, though they themselves do well know the contrary; we suppose that all they who have taken this oath will rest satisfied that they have not abjured episcopal 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 council) perjured and damned persons, and in their pulpits called the urging of it the depth of Satan, do now mean to take it themselves, and urge others to take it in that sense which they make men believe (though wrongfully) that act of council makes advantageous to their ends.  
But we do in his Majesty's name require that none presume to take the said oath, unless they be required so to do by such as shall have lawful authority from his Majesty 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 episcopal government, having his Majesty's sense, and so the sense of all lawful authority fully explained to them.  

THat episcopal jurisdiction was in force by acts of parliament, and no ways abolished nor suppressed in the year 1580. nor at the time of reformation of religion within the realm of Scotland, doth evidently appear by the acts of parliament after mentioned.  
First by the parliament 1567. cap. 2. whereby at the time of reformation the Pope's authority was abolished, it is enacted by the said act, That no bishop, nor other prelate in this realm, use any jurisdiction in time coming by the bishop of Rome's authority. And by the third act of the same parliament, whereby it is declared, That all acts not agreeing with God's 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 intention to suppress episcopacy, but that bishops should not use any jurisdiction by the bishop of Rome his authority; and seeing they did allow episcopacy to continue in the church, that they did not esteem the same contrary to God's word and confession foresaid: as appears more clearly by the sixth act of the said parliament, which is ratified in the parliament 1579. cap. 68 whereby it is declared, That the ministers of the blessed Evangel of Jesus Christ, whom God of his mercy 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 realm that profess Christ as he is now offered in his Evangel, and do communicate with the holy sacraments, as in the reformed kirks of this realm they are publicly administrate, according to the confession of the faith, to be the only true and holy kirk of Jesus Christ within this realm; without any exception by reason of policy and discipline, declaring only such as either gainsay 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 be no members of the said kirk so long as they keep themselves so divided from the society of Christ's body. Whereby it is manifest, that it was not the said reformers mind 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 policy they found in the said kirk before the reformation.  
This is likewaies evident by the oath to be ministered to the king at his coronation, by the eighth act of the said parliament, whereby he is to swear to maintain the true religion of Jesus Christ, the preaching of his holy word, and due and right ministration of the sacraments now received and preached within this realm, and shall abolish and gain-stand all false religion contrary to the same; without swearing to any innovation of policy and discipline of the kirk.  
Secondly, it doth evidently appear by these subsequent acts of parliament, that by the municipal law of this realm archbishops and bishops was not only allowed in the kirk, but also had jurisdiction and authority to govern the same.  
First, by the 24 act of the said parliament, whereby all civil privileges granted by our sovereign Lords predecessors to the spiritual estate of this realm, are ratified in all points after the form and tenor thereof. And by the 35. act of the parliament 1571. whereby all and whatsoever acts and statutes made of before by our sovereign Lord and his predecessors anent the freedom and liberty of the true kirk of God, are ratified and approved.  
By the 46. act of the parliament 1572. whereby it is declared, that Archbishops and bishops have the authority, and are ordained to conveen and deprive all inferior persons being ministers, who shall not subscribe the articles of religion, and give their oath for acknowledging and recognoscing of our sovereign Lord and his authority, & bring a testimonial in writing thereupon within a month after their admission.  
By the 48. act of the same parliament, whereby it is declared, that archbishops and bishops have authority at their visitations to design ministers gleibes.  
By the 54. 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 convene, 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 55. act of the parliament 1573. 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 63. act of the parliament 1578. whereby bishops, & where no bishops are provided, the Commissioner of dioceses, have authority to try the rents of hospitals, and call for the foundations thereof.  
By the 69 act of the parliament 1579. whereby the jurisdiction of the kirk is declared to stand in preaching the word of Jesus 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 71. act of the same parliament, whereby persons returning from their travels are ordained, within the space of twenty days after their return, to pass 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 forty days to remove themselves forth of the realm.  
By the 99 act of the parliament 1581. whereby the foresaids acts are ratified and approved.  
By the 130. act of the parliament 1584. whereby it is ordained, that none of his Majesty's liege's and subjects presume or take upon hand to impugn the dignity and authority of the three estates of this kingdom, whereby the honour and authority of the king's Majesty's supreme court of parliament, past all memory of man, hath been continued, or to seek or procure the innovation or diminution of the power and authority of the same three estates, or any of them in time coming under the pain of treason.  
By the 131. act of the same parliament, whereby all judgements and jurisdictions as well in spiritual as temporal causes, in practice and custom during these twenty four years bypast not approved by his highness and three estates in parliament, are discharged: and whereby it is defended, That none of his highness' subjects of whatsoever quality, estate, or function they be of, spiritual or temporal presume, or take upon hand to convocate, conveen, or assemble themselves together for holding of counsels, conventions, or assemblies, to treat, consult, or determinate in any matter of estate, civil or ecclesiastical (except in the ordinary judgements) without his Majesty's special commandment; or express licence had and obtained to that effect.  
By the 132. act of the said parliament, authorising bishops to try and judge ministers guilty of crimes meriting deprivation.  
By the 133. act of the same parliament, ordaining Ministers exercing any office beside their calling to be tried and adjudged culpable by their ordinaries.  
By the 23. act of the parliament 1587. whereby all acts made by his highness, or his most noble progenitors anent the kirk of God, and religion presently professed, are ratified.  
By the 231. act of the parliament 1597. bearing, That our sovereign Lord and his highness' estates in parliament, having special consideration of the great privileges and immunities granted by his highness' predecessors to the holy kirk within this realm, and to the special persons exercing the offices, titles, and dignities of the prelate's within the same: Which persons have ever represented one of the estates of this realm in all conventions of the said's estates; and that the said's privileges and freedoms have been from time to time renewed and conserved in the same integrity wherein they were at any time before. So that his Majesty acknowledging the same to be fallen now under his Majesty's most favourable protection, therefore his Majesty with consent of the estates declares, that the kirk within this realm, wherein the true religion is professed, is the true and holy kirk: And that such ministers as his Majesty at any time shall please to provide to the office, place, title, and dignity of a bishop, etc. shall have vote in parliament, sicklike and all's freely as any other ecclesiastical prelate had at any time bygone. And also declares, that all bishoprics vaicking, or that shall vaick, shall be only disponed to actual preachers and ministers in the kirk, or such as shall take upon them to exerce the said function.  
By the second act of the parliament 1606. whereby the ancient and fundamental policy, 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 Majesty, nor by his estates, that the said estate of bishops, being a necessary estate of the parliament, should any ways be suppressed; yet by dismembering and abstracting from them of their livings being brought in contempt and poverty, the said estate of bishops is restored, and redintegrate to their ancient and accustomed honour, dignities, prerogatives, privileges, 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's bishops in the premises, or any of them, with all that hath followed, or may follow thereupon, to the effect they may peaceably enjoy the honours, dignities, privileges, and prerogatives competent to them or their estate since the reformation of religion.  
By the 6. act of the 20. parliament, declaring that archbishops and bishops are redintegrate to their former authority, dignity, prerogative, privileges and jurisdictions lawfully pertaining and shall be known to pertain to them, etc.  
By the 1. act of the parliament 1617. ordaining archbishops and bishops to be elected by their Chapters, and no other ways, and consecrate by the rites and order accustomed.   
FINIS.