A DECLARATION MADE BY King James, IN SCOTLAND; CONCERNING, Church-Government, and PRESBYTERS. royal blazon or coat of arms C R HONI SOIT QVI MAL Y PENSE DIEV ET MON DROIT Now Printed, in English and Scotch; for Matthew Walbancke, at Grays-Inne Gate. 1646. A Declaration of King James, made in Scotland, Anno Dom. 1585. Concerning Church-Government. FOr so much as here are some evil affected men, that go about (so fare as lieth in them) to invent lies and calumnies to slain and impair the King's Majesty's fame and honour, and raise brutes as if his Majesty had declined to Papistry, and had made many Acts to derogate the free passage of the Gospel, good order and discipline in the Church, which brutes are nourished and entertained by rebellious subjects, who would gladly cover their seditious enterprises under pretext of religion, albeit there can be no religion in such as raise armour and disquiet the estate of their native Sovereign, and perjuriously have contraried the Oath bond and obligation of their faith, whereunto they have sworn and subscribed. Therefore that His Majesty's faithful Subjects be not abused with such slanderous reports, and His highness' good and affectionate friends in other Countries may understand the verity of his upright intentions, His Majesty hath commanded this brief declaration of certain of His Majesty's Acts of Parliament held in May 1584. to be published and imprinted, to the effect, that the indirect practices of such as slander His Majesty and his laws, may be detected and discovered. IN the first Act, His Majesty ratifieth and approveth the true profession of the Gospel, sincere preaching of the word, and administration of the Sacraments, presently by the goodness of God established in this Realm; and alloweth of the confession of the faith set down by Act of Parliament the first year of His Majesty's reign: Like as His Highness not only professeth the same in all sincerity, but (praised be God) is come to that maturity of judgement, by reading and hearing the Word of God, that His highness is able to convince, and overthrow by the doctrine of the Prophets and Apostles, the most learned of the contrary sect of the Adversaries: So as Plato affirms that Commonwealth to be most happy wherein a Philosopher reigneth, or he that reigneth is a Philosopher: we may much more esteem this Country of Scotland to be fortunate, wherein our King is a Theologue, and his heart replenished with the knowledge of the heavenly philosophy, for the comfort not only of his good subjects and friends in other countries, but of them that profess the Gospel every where, he being a King of great expectation, to whom his birthright hath not only destinate and provided great Kingdoms, but much more His Majesty's virtue, godliness and learning, and daily increase of all heavenly sciences, do promise and assure him of the mighty protection of God, and favour of all them that fear his holy name. IN the second Act, his Maj. royal authority over all estates both spiritual and temporal is confirmed, which act some of malice and others of ignorance, do traduce, as if his Maj. pretended to be head of the Church, a name which His Maj. acknowledgeth to be proper and peculiar to the Son of God the Saviour of the world, who is the head, and bestoweth life spiritual upon the members of his mystical body, and he having received the holy spirit in all abundance maketh every one of the faithful partakers, according to the measure of faith bestowed upon them, of the which number of the head Christ His Maj. acknowledgeth himself to be a member, baptised in his name, partaker of the mystery of the cross and holy communion, and attending with the faithful for the coming of the Lord, and the final restitution of Gods elect. And notwithstanding his Maj. surely understands by the scriptures, that he is the principal member appointed by the law of God, to see God glorified, vice punished, and virtue maintained within his realm, and the sovereign judgement for a godly quietness and order in the commonwealth, to appertain to His highness' care and solicitude: which power of his highness' certain ministers (being called before His Maj. for seditious and factious sermons, and stirring up the people to rebel against their native King) would in no wise acknowledge, but disclaimed His authority as an incompetent Judge; and especially one Mr. Andrew Melvile, an ambitious person, of a salt and fiery humour, usurping the Pulpit of Sandrois, with out any lawful calling, and privy at that time to certain conspiracies against His Maj. went about in his sermon upon a Sunday, to inflame the hearts of the people, by odious comparisons of His Maj. progenitors and council. Albeit the duty of a faithful preacher of the Gospel, be rather to exhort the people to the obedience of their native King, nor by popular sermons, which hath been the decay of great commonwealths, and hath greatly in times past disquieted this Estate. The said Mr. Andrew called before His highness answered, he would not be judged by the King and his Council, because he spoke the same in a Pulpit, which Pulpit (in effect) he alleged to be exempt from the judgement and correction of Princes, as if that holy place sanctified to the word of God, might be a colour to any sedition against lawful authority without punishment: His Maj. (being a most gracious Prince) was unwilling to use rigour against the said Mr. Andrew, if he had humbly submitted himself, acknowledged his offence and craved pardon; but he (afraid of his own guiltiness, being private to divers conspiracies before, fled into England; whose naughty and presumptuous refusing of his Highness' judgement, was the occasion of the making of the 2d. Act; That none should decline his Highness' Authority, in respect that the common proverb is, that Ex malis moribus bonae leges natae sunt: that is, Of evil manners good Laws proceed; And indeed intolerable arrogancy in any Subject called before his Prince, professing and authorising the same truth to disclaim his authority; neither do the Prophets, Apostles, or others, conducted by the Spirit of God minister the like example: For it is a great error to affirm (as many do) that Princes and Magistrates have only power to take order in civil affairs, and that Ecclesiastical matters do only belong to the Ministry; by which means the Pope of Rome hath exempt Himself and His Clergy from all judgement of Princes, and hath made himself to be Judge of Judges, and to be judged of no man: whereas by the contrary, not only by the examples of the Godly Governors, Judges, and Kings, of the ancient Testament; but also by the new Testament, and the who●e History of the Primitive Church,; in the which, the Emperors judged over the Bishops of Rome, deposed them from their Seats, appointed Judges to acknowledge and decide in Causes Ecclesiastical, vindicate innocent men as Athanasius from the determination of the Council holden at Tyrus, and by infinite good reasons, which shall be set down (by the grace of God) in a several Work, shall be sufficiently proved: But this appeareth at this present to be an unprofitable question, which hath no ground upon their part, but of the preposterous imitation of the pretended jurisdiction of the Pope of Rome; For if there were any question in this Land of Heresy, whereby the profound Mysteries of the Scriptures behoved to be searched out, His Maj. would use the same remedy (as most expedient) which the most godly Emperors have used, and his Maj. following their example, would convene the Council of learned Pastors, that by conference of Scriptures the Truth might be opened, and Heresy repressed. But (praised be God) we have no such controversies in this Land, nor hath Heresy taken any deeproot in the Country; but certain of the Ministry joining themselves to Rebels have traveled to disquiet the estate with such questions, that the People might enjoy a sinister opinion of his Maj. upright proceed; Neither is it his Maj. intention to take away the lawful and ordinary judgement in the Church, whereby Discipline and good order might decay, but rather to preserve, maintain, & increase the same. And as there is in the Realm Justices, Constables, Sheriffs, Provosts, Bailiffs, and other Judges in Temporal matters; so His Majesty alloweth that all things may be done in order, and a Godly Harmony may be preserved in the whole Estate. The Synodall Assemblies by the Bishops, or Commissioners (where the place is vacant) to be convened twice in the year, to have the ordinary trial of matters belonging to the Ministry and their estate, always reserved to His highness, that if they or any of them do amiss, neglect their duty, disquiet the estate, or offend in such manner and sort, that they in no wise pretend that immunity, privilege and exemption, which only was invented by the Popes of Rome, to tread under foot the Sceptres of Princes, and to establish an Ecclesiastical tyranny within this country, under pretext of new-invented Presbyteries, which neither should answer to the King, nor Bishop under His Majesty, but should have an infinire jurisdiction, as neither Law of God nor man can tolerate; which is only His Majesty's intention to repress, and not to take away any godly or solid order in the Church, as hereafter shall appear. THe fourth Act of His Majesty's foresaid Parliament, discharges all judgements Ecclesiastical, and all assemblies which are not allowed by His Majesty in Parliament, which Act especially concerneth the removing and discharging of that form late invented in this land called the Presbytery, wherein any number of Ministers of any certain precinct and bounds accounting themselves all to be equal, without any difference; and gathering unto them certain Gentlemen and others of His Majesty's subjects, usurped all the whole Ecclesiastical jurisdiction, and altered the Laws at their own appetite, without the knowledge and approbation of the King or the estate; a form of doing without any example of any Nation subject to any Christian Prince. The peril whereof did so increase, that in case in due season it had not been repressed and forbidden by His Majesty's laws, the same had troubled the whole country, and it being tried by His highness to be the overthrow of His Majesty's estate, the decay of His crown, and a ready introduction to Anabaptism, and popular confusion in all estates, His Majesty hath countermanded the same. And that the Reader may understand the danger thereof by many inconveniences, which thereby ensued in this Land; I will only set down one, whereby ye may understand what peril was in the rest. The Ambassador of France being to return home to his own country, the King commanded the Provost-Bailifs and council of Edinburgh to give him the banquet, that he might be dismissed honourably, according to the amity of ancient times betwixt the two Nations; This command was given on Saturday by His highness, and the banquet appointed to be on the Monday: A number of the foresaid Presbytery understanding thereof, convened themselves on Sunday in the morning, and presumptuously determined and agreed, that the Ministers of Edinburgh should proclaim a Fast upon the said Monday, where their several Ministers one after another made three divers sermons, invectives against the Provost-Bailiffs, and council for the time, and the Noblemen in the country who assisted the banquet at. His Majesty's command. The foresaid Presbytery called and pursued them, and scarcely by His Majesty's authority could be withheld from excommunicating the said Magistrates and Noblemen, for obeying only His highness' lawful command, which the law of all countries called jus gentium, requireth towards Ambassadors of foreign countries: And not only in this, but innumerable other things, their commandment was opposite directly under pain of Excommunication, to the King's Majesty and His laws, which form of doing engendered nothing but disquiet, sedition and trouble, as may manifestly appear, in that the special authors of the inventing, promoting & assisting of the aforesaid pretended Presbyters, have joined themselves with His Majesty's Rebels; and flying forth of the Realm in respect of their guiltiness, have discovered what malicious practices were devised amongst them, if God had not in time provided remedy. The other form of judgement which His Majesty hath discharged, is the general assembly of the whole Clergy of the Realm, under pretence whereof, a number of Ministers from several Presbyteries did assemble, with some Gentlemen of the country, whereof some for that time malcontents of the State, sought that colour, as favourers of the ministry; by which they have practised many enterprises in the Realm; where there was no certain law in Ecclesiastical affairs, but all depended upon the said general convention, where the laws of the Church were alterable after the plurality of votes, which for the most part succeeded to the most unlearned of the multitude: This general assembly, amongst other things, did appoint and agree with His Majesty's Regent's in His highness' minority, that the estate of Bishops (which is one of the estates of the Parliament) should be maintained and authorized, as it is registered in the books of council, and subscribed by the Commissioners for the time: which order was observed many years, and Bishops by their consents appointed to the Dioceses, where within this late time in assemblies holden at Dundee and Glascow respective, the foresaid Ministers and assemblies, took upon them contrary to their own hand-writing, to discharge the estate, and to declare the same to be unlawful in their pretended manner: And there commanded the Bishops of the Country, to lay down and leave their Offices and jurisdictions, and that in no wise they should pass to the King's Majesty's Council or Parliament, without commission obtained from their Assembly; That they should vote nothing in Parliament or Council, but according to their acts and injunctions: And further, they directed their Commissioners to the King's Majesty, commanding him and the Council, under the pain of the censures of the Church (whereby they understood excommunication) to appoint no Bishop in times to come, because they had concluded that estate to be unlawful. And notwithstanding that which they would have dejected in the Bishops, they concluded to erect in themselves, desiring that such Commissioners as they should send to Parliament and Council, might be authorized in place of the estate, whereby it should have come to pass, that whereas now His Majesty may select the most godly, learned, wise, and experimented of the Ministry to be on His Majesty's Estate, His highness should have been by that means compelled to accept such as the multitude by an odd vote of the most unlearned should have appointed, which could not tend but to the overthrow of the realm, whereof that Estate hath been a special stay: After they had discharged Bishops, they agreed to have Superintendents, Commissioners, and Visitors, but in the end they decreed that there should be no difference amongst the Ministers, and imagined that new form of Presbytery, whereof we have spoken before: Neither was there any other appearance that they should have stayed from such daily alterations in the Commonwealth, which could not but continually be disquieted, where the law of conscience (which they maintained by the sword of cursing) was subject to such mutations at the arbitrement of a number, whereof the most part had not greatly tasted of learning: After the foresaid assembly was accustomed not only to prescribe the law to the King and State, but also did at certain times appoint general Fast throughout the realm; especially when some factioners in the country were to move any great enterprise: For at the Fast all the Ministers were commanded by the said assembly to sing one song, and to cry out of the abuses (as they termed it) of the Court and State for the time: whereby it is most certain, great alterations have ensued in this land; until at the good pleasure of God, and his blessing towards His Maj. the pretext of the last Fast was discovered, and His highness delivered from such attempts: whereby His Maj. hath been justly moved to discharge such conventions, which might import so prejudicially to His Estate; but especially. His Maj. had not small occasion. Whereas the same assembly being convened at Edinburgh the day of did authorise and avow the fact perpetrate at Ruthuen in the taking of His highness' most noble person: The which deed; although His Maj. with the advice of His States in Parliament hath counted to be treasonable, the said assembly (esteeming their judgement to be the sovereign judgement of the realm) hath not only approved the same, but ordained all them to be excommunicate who would not subscribe and allow the same: So the Acts of this Assembly, and the Acts of Estate directly in civil matters, with which the Assembly should not have meddled; it behoved His highness either to discharge himself of the crown, or the Ministry of that form of assembly, which in very deed in itself, without the King's Majesty's licence and approbation could not be lawful. Like as general Counsels at no time could assemble but by the command of the Emperor for the time. And our King hath no less power in his own realm, than any of them had in the Empire; yea the Bishop of St. Andrews had not in time of Popery power to convene the Bishops and Clergy out of his own Diocese, without licence impetrate before of His highness most noble progenitors of good memory, and the causes thereof intimated and allowed: Notwithstanding that His Maj. intention and meaning may be fully understood, it is His highness' will, that the Bishop or Commissioner of any Diocese or Province, or part thereof, shall at their Visitation appoint in every parish (according to the greatness thereof) some honest, virtuous and discreet men, to concur and assist the Minister, and to have the oversight and censure of the manners and behaviour of the people of that Parish: And that there be any notable offence worthy of punishment, that the Bish. and Com. be advertised thereof, who shall have an Officer of arms to concur with his decree for the punishment of vice, and execution to follow thereupon; that they who contemn the godly and lawful Order of the Church, may find by experience His Majesty's displeasure, and be punished according to their deservings. And further, his Maj. upon necessary occasions which may happen by divers manners of ways amongst the Clergy, upon humble supplications made to his Highness will not refuse to grant them licence to convene: to wit, the Bishops, Commissioners, and some of the most virtuous, learned, godly of their Diocese, where such Ecclesiastical matters as appertain to the Uniformity of Doctrine, and conservation of any godly order in the Church, may be entreated and concluded in his Maj. own presence, or some of his Maj. honourable Council, who shall assist for the time; where if necessity so require a public Fast throughout the whole Realm may be decreed, and by his Maj. Authority proclaimed, to avoid the eminent displeasure and danger of the wrath of the Lords judgements, which is the right end of the public Humiliation, and not under pretext thereof to cover such erterprises as have heretofore greatly disquieted and troubled the Peace of this Commonwealth. THe XX. Act, ratisieth, and approveth, and re-establisheth the estate of the Bishops within the Realm, to have the oversight and jurisdiction; every one in their own Diocese, which form of government and rule in Ecclesiastical affairs hath not only continued in the Church from the days of the Apostles by continual succession of time, and many Martyrs in that calling shed their blood for the Truth; but also since this Realm embraced and received the Christian Religion, the same estate hath been maintained to the welfare of the Church, and quietness of the Realm without any interruption while within these few years, some curious and busy men have practised to bring in the Ministry an equality and purity in all things, aswell concerning the preaching of the Word, and ministration of the Sacraments; as likewise in discipline, order and policy: The which confusion his Maj. finding by most dangerous experience, to have been the Mother and Nurse of great factions, seditions, and troubles within this Realm, hath with the advice of his Highness' Estates, maturely, and advisedly concluded the said pretended party in discipline, order, and policy in the Church to be no longer tolerate in this Country, but the solicitude and care of my Churches of one Diocese, to appertain to the Bishop and Commissioner thereof, who shall be answerable to His Majesty, and Estates, for the right administration and discharge of the office of particular Ministers within the bounds of their jurisdiction: For as it becometh his Majesty (as Eusebius writeth of CONSTANTINE the Great) to be a Bishop of Bishops, and universal Bishop within his realm, in so far as His Majesty should appoint every one to discharge his duty; so His highness cannot (his country being large and great) take him to every Minister that shall offend and transgress against duty, or quarrel with the whole number of the ministry; but it behoveth His Majesty to have Bishops and overseers under him, that may be answerable for such bounds, as the law and order of the country hath limited and appointed unto every one of them: And that they having access unto His Majesty's Parliament and Council, may intercede for the rest of the brethren of the ministry, propound their griefs unto His highness and the Estates, and receive His Majesty's favourable answer therein: The which form doth preserve a godly harmony, unity, peace and concord in the estate, and a solid order in the Church. As contrariwise the pretended equality divides the same, and under pretext of equality, makes some of the most crafty and suitable dealers to be advanced and enriched; and in pretending of purity, to seek nothing but their own ambition and advancement above the rest of the simple sort: And notwithstanding that His Majesty hath re-establisht the said estate, it is not His highness' will and intention, that the foresaid Bishop shall have such full power, as to do within his Diocese what he pleaseth; For as His Majesty cannot allow of a popular confusion, wherein as the proverb witnesseth, Nulla tyrannis aquiparanda est tyrannidi multitudinis; that is, No tyranny can be compared to the tyranny of a multitude, having power in their hands: So on the other part, His Majesty's will is, that the Bishop's authority in any grave matter, be limited and circumscribed to 13. of the most ancient, wise and godly pastors of his Diocese, selected forth of the whole Synodal assembly of the Province, by whose advice or at the least the most part thereof, the grave and weighty affairs of the Church may be conducted and governed to the glory of God, and quietness of the realm: Further, it is His highness' will and express commandment, that their Bishops and Commissioners twice in the year; to wit, ten days after the Pasche time, and the sixth day of September, hold their Synodall assemblies of every Diocese, for the keeping good order therein: And if any be refractory or a contemner within their bounds, of the good order of the Church, they may be declared unto His Majesty, and punished in example of others according to their deservings. Neither is it His Majesty's meaning or intention, that such Bishops or Commissioners as shall be appointed, shall receive their only and full Commission of His Majesty, without admission ordinary by such as are appointed to that effect in the Church, but having His highness' nomination, presentation and commendation, as lawful and only patron, they to be tried and examined that their qualities are such, as they are able and sufficient to discharge their cure and office; and if it shall happen any of the said Bishops or Commissioners to be negligent in their Office, or to be scandalous or offensive in their behaviour life and manners in any time coming, it is not His highness' will, that they shall be exempt from correction, notwithstanding of any privilege of His highness' Estate, counsel or Parliament, but their labours, travails, diligence, and behaviour, to be tried in the general assembly, not consisting of a confused multitude, as it was before, but of such worshipful persons as is heretofore prescribed in His highness own presence, or His Majesty's deputies to that effect: Last His Majesty giveth Commission to the said Bishops or Commissioners at their visitations to consider, in what part of the country the exercise or interpretation of the Scriptures by conference of a certain number of the ministry within that bounds may be most commodiously, in the fifteen days: For as His Majesty inhibits all unlawful conventions, which may engender troubles and contentions in the Country, so His Majesty is well affected to see the ministry increase in knowledge and understanding, and by all means to fortify and advance the same; wherein His Majesty's commandment is, that a grave, wise, and sage man, shall be appointed Precedent, who may have the oversight of that bounds, and be answerable therefore to the Bishop his Council and Synod, and he to be respected reasonably for his pains at the modification of stypends, that all things may be orderly done in the Church, peace and quietness maintained in the realm, and we delivered from the appearing plagues, and the blessing of God continued, to the comfort of our posterity. And in the mean time, His highness' inhibits and expressly commands under the pains contained in His Majesty's Acts of Parliament, and all other pains arbitral at His Majesty's sight and counsel: That no Minister take in hand to convene themselves for the foresaid cause, without the appointment and order taken by the said Bishops or Commissioners, whereby His Highness may be certainly informed, that the foresaid Ministers convene not, to meddle with any civil matters, or affairs of Estate, as was occasioned before, but only to profit in the knowledge of the Word, and to be comforted one by another in the administration of their spiritual Office, which His highness wisheth them faithfully to discharge; and then to call to God that His Majesty may in a prosperous reign enjoy good and long life, and continue and increase into the fear of the Almighty. The King's Majesty's intentions. HIs Majesty's intention is, by the grace of God, to maintain the true and sincere profession of the Gospel and preaching thereof, within this Realm. 2 His Majesty's intention is, to correct and punish such as seditiously abuse the chair of truth, and factionsly apply or other wise bewray the text of the Scripture to the disquieting of the Estate, and disturbing of the Commonwealth, or impairing His highness or Counsels honour. 3 His Majesty's intention is, if any question of faith or doctrine arise, to convocate the most learned, godly, wise and experimented Pastors, that by conference of Scriptures the verity may be tried, and heresy and schism by that means repressed. 4 His Majesty's intention is, that for keeping good order in every Parish, certain to be censors of manners of the rest, be appointed at the visitation of the Bishop, or Visitor, who shall have His Majesty's authority and Officers of Arms concurring for the punishment of vice. 5 His Majesty's intention is, to maintain the exercise of prophecy for the increase and continuing of knowledge in the Ministry, in the which a wise and grave man selected by the Bishop or Commissioner at the Synodall assembly shall preside; and render an account of the administration of that bounds where the exercise is holden, For which cause some respect of living shallbe had to him who sustaineth the burden. 6 His Majesty's intention is, not to derogate unto the ordinary judgement of matters of the Church by the ordinary Bishops, their Counsels and Synods, but if any of them do amiss and abuse their callings, to take order for the correcting, amending and punishing thereof. 7 His Maj. intention is, not to hinder or stay any godly or solid order grounded upon the word of God, and order of the primitive Church, but that the Ministers of the word, meddle only with their own calling, & judge not temerariously of the state. 8 It is His Maj. intention, that the Presbyteries consisting of many Ministers and Gentlemen at Landwart, or otherwise, be no further tolerated within this Realm, but the exercise and jurisdictions of the Churches to be in the hands of the Bishop or Commissioner, and their Counsels or Synods. 9 His Maj. intention is, that the Bishops or Commissioners convene not any general assembly out of the whole realm, without His Maj. knowledge, and licence obtained thereunto, which upon supplication His highness will not deny, that an uniform order may be conserved in the whole realm, the Bishops & their diligences there tried and examined, and the complaints of every particular heard and discussed. 10 It is His Majesty's intention, to assist this assembly himself, or by a Nobleman of his Council his Deputy. 11 It is his Maj. intention, that when any parish findeth necessity of a Fast, they intimate the occasion to the Bishop or Commissioner their Council, that they may understand that the cause is lawful: Likewise the Bishop of the Diocese finding lawful occasion, may with his Council, prescribe a public humiliation there. 12 It is his Majesty's intention, that a general Fast throughout the whole realm, shall not be proclaimed but by His Majesty's commandment, or by that general Council, wherein His Majesty or His highness' Deputy be present. 13 It is His highness' intention, that the Bishops in the Realm in every Diocese, with their Council, preside into the Ecclesiastical government, but as is said, with a Council, that both tyranny and confusion may be avoided in the Church. 14 It is His highness' intention, that Commissioners be directed universally throughout the whole realm to establish a godly order, and that his Majesty's Commissioners take order presently for the translation of such Ministers, whose travels they esteem may more conveniently and profitably serve in another place. FINIS,