THE burden OF JSSACHAR: OR, The Tyrannicall Power and practices of the presbyterial GOVERNMENT in Scotland; In their I. parochial Session. II. presbytery. III. provincial Synods. IV. general Assembly. WITH The Articles of PRESBYTERIAN Faith inconsistent with monarchy. Whereby it is evident, that presbyterial Fingers are heavier then episcopal loins; these correcting with a Rod, those with a Scorpion. And therefore it is not the kingdom and Government of JESUS CHRIST, whose yoke is easy, his burden light, and his sceptre a sceptre of righteousness. MATTH. 24. 23. Then if any man shall say unto you, lo Christ is here, or there, believe him not. LUKE 9. 46. Then there arose a reasoning among them, which of them should be the greatest. Chrysost. in Matth. Hom. 37. {αβγδ}. Printed in the year 1646. A PROTREPTICK TO THE ENGLISH NATION, my dear countrymen and BRETHREN. THe prerogative of a King, and the liberty of Subjects, are like the wheels in Ezek. 1. 16. Zach. 11. 7. Ezekiel's Vision, like Zacharie's two Staves; so necessary is their dependency of the one from the other, so inter-woven and knit together, that whosoever attempts to diminish the former, endeavours by consequent to destroy the latter: For, as Kings derive their Vide Joh. 19. 11. Ps. 62. 11. Rom. 13. 1. royal Power and sovereignty primarily and immediately from God, whose Deputies and Vice-gerents they are upon Earth; so they are instituted and set over us by God, for the making and establishing of good laws and Constitutions, whereby ecclesiastical and Lay persons may be held to the performance of their several duties and services, and all those who disturb the Peace of the Church and State, may be restrained from their insolent and bold Attempts, by just and deserved punishments. In respect of this Charge and Office of a King, it was the Religious Constantine said once to the B●shops in his time; {αβγδ}: So wee read in Eusebius; He acknowledged them to have ●ofeb. lib. 4. de vit. Con●ant, c. 24. a Power which he had not; that is, to Preach the Word, and deliver the Sacraments, as also the power of Excommunication, which rests onely in their persons: but a Bishop( id est, an Over-seer) he professed himself to be, in the external affairs of the Church, in that his Power reached and extended so far, as to call Synods, to assemble the Divines, for the ordering of church-affairs, by Canons and Edicts tending to that purpose: and he had a Power too, to punish the Ministers, and to cause them to be Degraded, Silenced, or Imprisoned, in case they broached Haresies, or by schismatical Tenets disturbed the quiet of State or Church. Thus Constantine was, and thus every You may read this confirmed by the learned Rivetas, in explicat. Decal. p. 206. King is Episcopus. This is one part of the royal prerogative. They that join Issue with the jesuits, and deny the King in this sense, or for that respect, to be Head of the Church; They that stab Him with their Penn's, and wound Him with their Tongues; They that degrade Him from His Throne, and by their audacious practices deny Him that authority in or over the Church, which is assigned Him by Gods special Providence; They that tread upon His Head, and trample the crown under their feet, must needs press His Shoulders( the peers) and be griovous to the rest of the Members, the Kings inferior Subjects; They will appear to be enemies to our Peace and Liberties, for which so much Innocent blood hath been spilled, with the ruin of many brave Spirits, and the destruction of ancient Families. Now, if any desire to know who these King-curbets are, who are likest to give fire to that Popish train of Powder which hath been laid for many yeares, to blow up in sumum all regal supremacy over the Church; if you desire to be informed, who they be that conspire with Bellarmine, and the rest of that jesuitical Faction, to depose Kings and episcopal Vid. bellarm▪ de council. lib. 2. cap. 19. with whom accords Buchan. de Jure Regni, p. ●1. Jurisdiction; for your satisfaction in this, do but peruse the jugglings of this Age, and you shall find, that they have sucked Bellarmin's and Mariana's breasts, that Psal. 5. 9. Psal. 57. 2. their throats are open sepulchers, wherein they bury the famed and honour of their Princes; their tongues sharp arrows, which they shoot at the very hearts of the grave prelates, the Over-seers( next under his majesty) of the Church. In a word, do but examine their works, you will affirm, That they have proscribed Faith, and banished all Religion and Honsstie out of their breasts; should I have said Consciences, I had lied, for they have none, in whose ways are unhappiness and destruction. Rom. 3. 16. I could here drop a tear, forced from that grief which prevails in me, to see, That men should be so wicked, who pretend to be zealots, and talk much of Christ in their Pulpits, yet are worse, for their cruelty and bloody Tenets, then the very Turks and Infidels, who would blushy, should they see what Massacres and murders, what Rapines and Villanics are acted even by those who style themselves Christians. I am weary of these Invectives, I will onely add this out of a learned Author, Nemo potest diu far personam Sir Walt●c Raleigh, in his Preface to the history of the World. fictam, citò in naturam suam recidunt, quibus veritas non subest. Let such Hypoorites remember, that the infinite Eye and wisdom of God doth pierce through all their Pretences; that he discerns their most reserved Purposes, and hidden practices; that he is privy to their deep Plots and Rebellious intentions, which neither the beauty of apparent Actions, nor all the Formalities which( to gain the Worlds opinion) they put on, can in any or the least kind cover from his knowledge. again, let them remember, that the judgements of God are ever unchangeable, neither is he wearied by the long process of Time, and won to give his Blessing in one Age to that which he hath cursed and severely punished in another. Remember Corah, with his Comolices; think, and that seriously, Numb. 16. of what they suffered for their Rebellion against Moses and Aaron. I say no more of this, but hearty exhort all that imitate them to a speedy repentance. And I humbly entreat all those that shall peruse this ensuing Treatise, to lay aside all partial conceits and prejudice, which may beget in them a d●strust of the Authors fidelity, because he cites not Authorities for his historical Reports. The apology of that most learned Knight, Sir Symonds D'ewes may be his; he was unwilling to stuff the Margin In the Preface to his late Book against Persecution for Conscience. of his book, and weary his Readers patience with Quotations: Fides nequaquam vi extorque●ur said ratione& exemplis persuadetur, says Isidore. Therefore, as I cannot extort by violence a belief from the hearts of those that shall peruse this elaborate work, so I entreat them to fasten in their minds this persuasion; That the Author for his gravity, piety, and skill in all antiquity, for this as he deserves to be reverenced and honoured, so for this he may be believed, in that he was an eye-witnesse( whilst he lived among the Scots) of many uncivil, nay, barbarous riots of the Presbyterians, which you shall find recorded in this most judicious Treatise: which if it work not upon the Judgements of the English, so as to move them to a dislike and hatred of that Government, which brings a Curse with it to the Church, wheresoever it is settled; but, if for all these warnings from God by his M●ssengers, the Ministers of his Word, they shall still go on in a hot pursuit, to have the same established here, and episcopacy extirpated: Then I shall conclude, that God hath doomed this kingdom to ruin; and then I shall think, that it may truly be said of this Nation, what the Bishop of Granata said of the Governours of Leria and Patti, That they were silly men, who like to animals suffer Vide the council of Trent, p. 598. any burden to be thrown upon their backs, and themselves to be governed by the opinion of others. Oh let not Opinion, but Truth sway your judgements; be wise in time, and beware lest that befall you which did the Horse in the Fable: who suffered himself to be bredled and saddled, and ever after became a drudge to his Rider; who promised him liberty and ease, yet thrust him into a nasty Stable, in stead of entertaining him in a Palace, according to his promise. believe it, if you admit of the Presbyterian Government, with the loss of liberty and Religion, this disgravefull Motto will be fastened to this Nation; They Psal. 49. 20. being in honour, had no understanding, but became like the beasts that perish: For assure yourselves, when you have taken the Scorch bit into your mouths, you will be as they are, slaves to the Presbyterians. This Caveat I held myself bound in Conscience to impart to my dear countrymen, whose peace and happiness, with the enjoyment of their ancient freedom, it the aim of my endeavours, and ever shall be the subject of my Prayers. Agrippae apud Joseph. Vox. {αβγδ}. OF THE parochial SESSION. EVery Parish hath one or more Ministers: If more, all of First, Of the Session, how and of whom Constituted. them are equal in all honour and jurisdiction, onely the signior hath the precedency. To the Minister, or Ministers of each Parish, to make up a Session, in whic● is fixed the parochial Jurisdiction, a competent number of Lay Elders,( whom they call, Presbyter● non docentes) and Deacons, proportionable to the precinct and extent of the Parish, are conjoined: which associate body thus compacted, is the Spirituall-Parochiall-Sanhedrim. This Session sits once a week, or oftener, pro re natâ: In which all parochial cases, which concern external Order and Censure, are determined and ordered. If there be but one Minister in the Parish, he is constant Moderator; The Minister is Moderator. If there be more, they moderate by turns, either weekly, or monthly, as they agree. Whatsoever thing is ordered, determined, or decreed, is done He hath no Negative voice. by the joynt-consents of the Minister, Lay-Elders, and Deacons, or by the plurality of voices. The Minister, who is the Moderator, hath no casting, no Negative Voice. The power of all Jurisdiction, is radically and equally in all: for The Jurisdiction spiritual is radically in the Lay-Elders. binding, for losing, for all censures ecclesiastical, for orders which concern external order and worship. So the Power of the keys is as much in the Lay-Elders, and Deacons, as in the Minister or Ministers. What sacrilegious intrusion upon sacred Orders this is, I need not inform one of your understanding. To make this ●rame good, they maintain, that Jure Divino Their four sacred Orders. there be four orders of ecclesiastical office●;( al●ow me to speak in this Epistle all along their dialect) or persons. First▪ Preaching-Elders, whom they call Ministers. Secondly, Doctors; these are professors in the chair, such as are in Universities. Thirdly, Lay, or ruling-Elders, who now have vocem deliberativam& decisivam in rebus fidei, Cultus, politiae, and in foro exteriori Ecclesiae, in censuris Ecclesiasticis are as much interested and authorised, as Preaching-Elders. Fourthly, Deacons, who have trust of the means and moneys destinated for pious and charitable uses. This is very considerable too, that although they hold these four orders& off●ces necessary for the Government of Christ's Church, de Jure divino, by divine Right and Institution; yet neither the parochial Conclave, nor any presbyterial Consistory( except it be where the presbyterial seat is in a City where an university is) have any Doctor or Doctors amongst them. Nay, which is more, nor be any such in their general Assemblies; or if they be, they appear onely in that capacity, as Commissioners from, and for the university. It is worth your notice taking, that their Lay-Elders and Deacons This year they are sacred, the next year profane. are yearly elected. Here is truly verified of them, that, hody Clericus, cras Laicus. The things within the compass of Session-jurisdiction, are, things The competent cases of this Session. merely parochial, the ordering of the Parish-Church and peculiar Service, the censure of lesser scandals( I must speak their words) as Fornication, drunkenness, Scolding, Profanation of the Sabbath( they mean the Lords day) &c. capital Scandalous crimes, or scandals of Highest strain, are reserved as cases of peculiar jurisdiction for the Presbytery; as also lesser offences, when they are attended with Obstinacy, and what is censurable or punishable by the greater Excommunication. If I mistake not, they know not much, at least use not much the Lesser Excommunication. In the cases above mentioned, the Cognition, Examination, and Judgement of the Cause is proper to the Pres●ytery; the Minister with his parochial Conclave, are onely the Executioners. If any parochial difficult case occur, which this parochial Sanhedrim cannot determine, the use is to consult with the Presbytery. When the Session censureth any delinquent, or Scandalous person, They enjoin civill pun●shment● and fines. they order his public and solemn repentance( if by some superior judicatory it be not determined) as they think fit, by plura●itie of voices: after performance of which order, the penitent is received into the communion of the Church. But before the delinquent be admitted to do his Repentance, he is fined in a pecuniary mulct, at their discretion, proportioned to the demerit of the offence, and the ability of the Person, as he is poorer or richer. It is true, this money is, for the most part, employed to pious and charitable uses. As they punish by pecuniary fines, so corporally too, by imprisoning the persons of the Delinquents, using them disgracefully, carting them through Cities, making them stand in Jogges, as they call them, Pillaries,( which in the Country Churches are fixed to the two sides of the main door of the Parish-Church) cutting the half of their hair, shaving their Beards, &c. and it is more then ordinary, by their original and proper power, to banish them out of the bounds and limits of the Parish, or Presbytery, as they list to order it. Is not this potestas utriusque gladii? And would not a good Learned Jurist say, that this is not onely intrusion upon merely civill power, but upon the very royal Rights themselves? The imperial Law, if I be not mistaken, maketh banishment so peculiar to the sovereign authority, that without its power and consent, it cannot be inflicted upon any civis, any Subject. Their ordinary practise more in this ●●; that when a pecuniary They will not baptize the child, if either of the parents have not payed the fine, or satisfied the Church. mulct is inflicted, if the delinquent pay no● the defined and determined sum, or at least give security for the payment of it, although he should testify all the contrition is requisite, by humble confession, and offer most willingly to do all penance, to give all satisfaction, he will not be admitted to satisfy publicly: nay, he is proceeded against for Contumacy, and they will threaten Excommunication. Nor is that to be passed by, that if a Child be born in Fornication, and either of the parents hath not satisfied the Church; they will refuse to baptize the poor infant, till the Church get satisfaction. This is consonant with Scripture, anima quae peccaverit, ipsa morietur. It is fit now, in the next place, to speak of The presbytery. WHich is the next Judicatory, to which the Session is subordinate. It hath in it somewhere more, somewhere fewer Parish-Churches; as, some are made up of twenty, some of Twelve, some of fewer. All persons within these Parishes, within the precinct of this Presby●ery, of what quality soever( the King, or His Family herein are not exempted; nay, nor from the jurisdiction of His parochial Session) are under the power and jurisdiction of this grand Consistory. The members Constituents of this Presbytery, are all the parochial The members constituents of the Presbytery. Ministers within its compass, and a Lay-Elder for each Parish. The Lay-Elders are in number equal to the Preaching-Elders; and in power, voice, jurisdiction, in heresy, Idolatry, Censure, &c. are pari consortio honoris& potestatis praediti, are so equal and uniform, that a Plough-man from the Plough, or a Trades-man from his Shop, sitting there in the capacity of a Lay-Elder, his voice is as good as the voice of the most Reverend and Learned Divine, if any be there. They maintain a parity in all, onely a little difference in this, that a Lay-Elder cannot be Moderator: Yet have they no Canon for it. And we are able to prove by their books, that men who were never in Sacred Orders of Priest or Bishop, have been Moderators, not onely of their Presbytery, but of their so much Idolized general Assembly. Master Robert Yoole, who was never Priest, nor Deacon, onely Reader in Saint Andrews, was in one turn, for a year, or half a year, or some lasting time, Moderator of the presbytery of Saint Andrews; and Master George Buchanan, who was never Church-man, and Master Andrew Melvil, who had never the Order of Deacon, both of them have been Moderators of their great general Assembly. The cases proper to this Judicatory▪ are first, such as are from The cases pro●er to it. every individual Parish within its compass referred, or presented. Secondly, All crimes and scandals of highest strain, namely, such as are civilly punishable by death. Thirdly, All crimes which come under the censure of Excommunication. Fourthly, All appea●es from Sessions. Fifthly. All ●ifferences which cannot be composed or determined in the parochial Conclave. Sixthly, The visitation and cen●ure of all what is amiss in every Parish▪ either in Preacher or other. Seventhly, The appointing of Readers, and school masters. They meet once a week in some places, in other places onely The time of meeting. once a fort-night. All the Ministers in their several turns, at their meeting Exercise, as they call it; that is, there is appoynted ●y the Presbytery, some one book of old, or New Testament, which every one by turns in his own course interpreteth in the Parish Church, where the Presbytery doth meet. Two always speak, the first from the Readers desk or Pew; the other, in some other place distant from him, but convenient for hearing. The first Analyseth, Interpreteth, and taketh away the doubts of his Text; and( as they enjoin) he is bound to the doctorall part. The second, when the first hath done, addeth to what is said; hath a warrant to supply the defects, or correct the errors of the first speaker; but especially, his charge is the pastoral part, to apply the Text, and bring it home to the affections. There be Ingredients in this Exercise such as God's Church before Lay-Preachers. this late age never knew, a kind of Creatures whom they call Expectants. These are students in divinity, or Country-Schoolemasters, or such youths who are bread with some Gamaliel; who after that they have given their private trials, by Preaching and dispute, are enrolled Expectants of such, or such a Presbytery. These must keep their turns in Exercising, and adding( as they call it) with the actual Ministers,( so they call them) and once admitted to that Presbytery, may, whensoever employed, Preach in any Parish Church within the bounds of that Presbytery, do all ministerial acts, except Baptize, or give the Sacrament of the Lords Supper,( for ought I know, there is no Consecration used by them in that holy action, but a mee● thanksgiving) nay▪ they may be constant helpers, and Co-preac●ers with a rabbi, if he, the Parish, and Presbytery agree to it. I pray you show me where ever you red of such a profanation, that a Lay-man without Orders, Imposition of hands, shall be a pub●ique Preac●er of God's Word, and intrude upon this Sacred Function. Th●se, for the most part▪ were the beardless Boyes King James, of blessed memory, mentioneth in the Conference at Hampton Court, Who would brave him to his face, pag. 4. Within one county there may be two▪ or three more or sure Presbyteries, according as there be more or fewer Parish Churches; and yet all these Presbyteries are independent one from another: onely it is remarkable, that the Presbytery of E●enburgh, because( as they speak) it is seated on the Watch-Tower hath well-nigh obtained by custom, and other means a Super-intending power over all other Presbyteries; and other Presbyteries many times sand thither, to have resolution of their difficult cases. The reason is, besides the eminency of this city by its wealth, and the residence of all highest Courts of Justice there; although this Allobrogicall brood maintain parity, there be notwithstanding some few patriarches, who rule and over-rule all, who Lord it, and Pope it over the Lord's Inheritance, and in this city ordinarily are some of these patriarches: and the Responsa prudentum from hence, are received as Oracles by remote Presbyteries, and reverenced as answers by Urim and Thummim. There is none who liveth within the verge of a Presbytery, but is answerable to this Classis and Judicatory, and must appear whensoever, or for whatsoever cited. The King and his Family are not exempted, nor privileged: if He be cited,& appear not, He may be excommunicated for His disobedience& contumacy: If He appear, He must submit His earthly sceptre to that their sceptre, which they term the sceptre of Christ; He must do what is enjoined. The Presbytery is independent from the Crown of an earthly King, who is Gods and Christs Vice-gerent in the general kingdom of His providence only; but this Sanhedrim is Christs Vice-gerent in His oeconomicall kingdom, as Mediator, as they speak; and consequently, to it He must vail His crown, submit His sceptre, and from it receive Christs Law and Ordinances. King James of blessed memory knew this well, who therefore in that Conference at Hampton-Court, pag. 79. saith, A Scottish Presbytery as well agreeth with a Monarchy, as God and the devil, then Jack and Thom, and Will, and Dick, shall meet, and at their pleasures censure Me, and my council, and all My proceedings. Then Will shall stand up and say, it must be thus: Then Dick shall reply▪ and say, Nay mary, but we will have it thus. And therefore here I must once reiterate my former speeches( the King is answering to D. Rainolds, who seemeth to beg of His majesty a Presbytery, or something like to it) Le Roy s' avisera: Stay I pray you for one seven yeares, before you demand that of me: and if you then find me pursy and fat, and my Wind-pipes stuffed, I will perhaps harken to you: for let that Government be once up, I am sure I shall be kept in breath, then shall we all of us have work enough, both our hands full. But D. Rainolds, till you find that I grow lazy, let that alone. It is more then notoriously known to many yet living, and is upon Record in the Presbytery books of edinburgh, how King James, not once, but many times, hath sent men of Honour& good The Presbytery hath kept state with King James. quality, demanding, or rather requesting for some things at their hands; who have heard the Commissioners propose the Kings mind; But they, to keep the power and place Christ hath given them in that dignity, suitable to so high a trust, have dismissed the Gentlemen sent by the King without answer, and by an Order of that spiritual House, have appoynted one, or two, as Commissioners of the Presbytery, to go to the King with their will and pleasure, losing nothing of Christ's authority, and carrying themselves with the King almost, as if two free Estates, or two free Kings had met, and were dealing together. As no person is exempted from obedience and submission to All Cases and Crimes are within the censure of the Presbytery. this power, so no crime or sin whatsoever committed, or suspected to be committed, within the signory of this petty Principality: And that sometimes is so extravagantly and transcendently too look't after, and called in question,( especially if indiscreet zeal, or holy spleen work and move by the Spirit on a holy Brother) that if there be a fact and fault committed, secret, or known to very few, it is brought forth to the light of the World: There is no care taken to reconcile the Lapsed to God in a private way, and to conceal his offence, but disgraced he is publicly. What sound repentance this may work, judge you? How consonant this is to the apostolical Canon▪ They that sin publicly, rebuk publicly; and to the common maxim of the Church, De occul●is non judicat Ecclesia; he may easily see, who hath not divorced himself from common sense and reason? To cure these secret sins by the power of the keys in interiori foro conscientiae, and to cover them with the mantle of charity, smelleth rankly of auricular Confession, Popish absolution, and Sigillum confessionis. See the Conference at Hampton Court, pag. 93. It is certain, a foolish man revealing foolishly his faults to his wife, the zealous wife, upon some quarreling betwixt her and her husband, hath gone to a good Minister, revealed what was told her, and the honest impartial Minister hath convented the man, charged him with his sin, and made him confess, satisfy, and do penance publicly. Nay, upon a surmise, suggestion, suspicion, or any mis-information, Crimes suspected, are curiously here enquired after. if the Minister, or Lay-Elder delate,( that is present) two persons to converse so familiarly, that it is to be feared that they are guilty of fornication, if they be unmarried; or of adultery, if both of them, or either of them be married; they shall be cited, and convented, examined by all proofs, presumptions, interrogatories, &c. whether or not they have sinned. If that the presumptions be pregnant, although no proof be▪ they shall be put in close prison, feed on bread and water, kept that none may come at them, all Members Constituents of these Judicatories, appoynted to try what they know against the next Court day; when no proof can be had, and all the presumptions do not fasten gui●tinesse upon the accused, and the Imprisonment and other hard usages cannot extort a confession, they are dismissed: But an act is enacted, that if those two persons, su●pected of fornication, or adultery, shall be seen to meet, or be in company together, except they meet in Church or Market, it shall be holden pro confesso, as confessed, that they are gui●tie of what they are charged with. Nay, sometimes the parties▪ although innocent, and no real evidence being produced against them, are brought on the Lord's Day publicly to the middle of the Church before the Pulpit, to declare, sometimes to confirm their Declaration by an Oath, that they are innocent& free of that crime wherewith they are charged. And sometimes they are forced to make their public repentance in the Church, upon a pillory, for their unchristian behaviour: because that although the parties charged be free, yet their conversation hath been suspicious and scandalous. A whole Volume might be written of young women, by these courses disgraced and defamed: of many Families divided and scattered, whereas before there was no jealousy betwixt the man and the wise. This Judic●tory of the Presbytery is so high and of so vast a latitude▪ that as the Pope bringeth in all civill causes to himself as a comp●t●nt Judge, sub formalitate peccati, so this papal Conclave bringeth any thing, howsoever merely and purely civill, under it's lash▪ sub form●litate scandali, as scandalous to a Christian profession. It is not forgotten by many yet living, how the Presbytery of ●resbyteriall Government inconsistent with the liberty of Trade and Commerce. edinburgh a●tempted to censure Ecc●esiastically the Merchants there, for carrying Wheat to spain in time of a Famine or dearth there▪ for this was to feed and maintain God's enemies. But above all, that was a piaculum, an almost inexpiable sin, to transport Wax to spain, for this was to be accessary to Idolatry, in respect the greatest part of this Wax was employed in making Tapers and Candles to the Virgin Mary, and other Saints. In Saint Andrews, J. T. was indebted to P. T. a considerable Inconsistent with the authority of civill Judicatories. sum of money, the greatest part of his stock. I. T. delaying, or shuffling, or not able to pay P. T. at the day of payment designed in the Bond, P. T. obtained before the Lords of Session a Judgement against I. T. with power to demand payment in the Kings Name, and upon disobedience to be out-lawed and fall into a Praemunire, or esc●eating of his movable goods& Chattels. I. T. bemoanes himself to the presbytery: The presbytery convents P. T. before them, threa●ens him with Excommunication, if he did persist to put in execution the Judgement of the highest judicatory in the kingdom: and for fear of this dreadful Court and horrid sentence, he passes from his pursui●, continueth the d●manding of re-paying paying of his money. You see here what power this Pr●sbyterie hath over all, and the highest of civill Judicatories. Infinite instances of this kind may be produced; give me leave The presbytery at pleasure repealeth royal Grants by Law confirmed. to add one of a higher strain. The city of edinburgh, by the Kings of Scotland, amongst other favours and privileges, hath a royal grant of a weekly Market day on Monday: This Grant is confirmed by Letters Patents under the great seal, and by the standing laws of the kingdom; the presbytery here, by their transcendent sole authority, discharged any Market to be kept on Monday: the reason was, because it occasioned the traveling of men and horse the Lords Day before, which profaned the sabbath: If the Trades-men, who found at home what loss they ●ad by wanting their Market, had not with force and violence opposed their sovereignty, and made them forsake it, it was like enough to have passed, and obtained longer. The most active in this case, were the shoemakers, who were most prejudiced by the discharge of the Monday-Market. They threatened the ministery Right down, That if they persisted in that course, they would thrust them out of the Gates of the city: which threats restored the Mondayes-Market. When King james, that miracle of piety, Learning, and royal prudence, heard of this, he wi●h uncovered head,& lifted up hands, said to this, or much about this sense, I thank God the shoemakers have more power to repress the insolency and violence of the presbytery, then I and my council both. It is known to many yet living, that they have cited before them The presbytery will not suffer Land-lords to sue for their Rents. Noblemen, and Gentlemen of good quality, who had intended Civill Actions against their own Tenants before the ordinary Judge, and discharged them to prosecute them any further under the pain of ecclesiastical censur●s. This was in re civil●, in a civill business, but modus considerandi, as they took notice of it, it was spiritual. And why? because the holy Brethren pretended this did with-draw people from their lawful vocations, br●d strifes and contention amongst Brethren, and did hinder the progress of the Gospel. As the particular Ministers of individual Parishes are under Some few of the presbytery tyramnize over the rest of their poor Brethren, r●move and transplant at pleasure. them, so they find the tyranny of their Archisynagogi, their prime leading Ministers, in that measure, that their little finger is heavier then a Bishop's whole hand and loins. Bishops are like to a paternal Government, chastising with Rods; but the Presbyterians scourge them with Scorpions: any Lord, Knight, or Esquire, who is cunning, and can by faire carriage or otherwise, gain favour or credit with some few patriarchal Presbyters, he is able at pleasure to turn out an honest man( who perhaps is too free in rebuking the Gentleman for his sins, or cannot, or will not condescend to grant his unlawful and unjust demands) and to bring in one to his own fancy and humour, with whom, and by whom, he is able to work and effectuate his own bad inten●m●n●s. This holy Sanhedrim, although the parochial Minister for intellectual abilities, be sufficiently enabled, and for moral integrity be blameless; yet they will find it fit he be transplanted from that Church, because the Congregation is not edified by him: at a Visitation, the Landlord is able to make all say, and witness, they are not edified by him: or if a Presbyter, who hath more power with the dominus Moderator, and his assistants, being in a Parish of a small s●ipend, and espying somewhere a better Parish, and an honest man in it, but not so much respected by the High-Priests of the Sanhedrim, he will turn him out by the presbytery, enter the Charge, and re●pe the benefit of a better Parish, and place the other( it may be, and often proves so, the better and worthier man) in another Parish of less worth▪& deterior his condition. There needs no other reason for this, but that t●is sacred consistory, directed and assisted with infallibility, do find it è Re Ecclesiae, that it is for God's glory, and the good of the Church▪ I might instance a world of these Examples; only let me tell you An honest man removea from his place, and one by them brought in, to make away sacrilegiously the Church▪ patrimony. one, o● the presbytery o● Cooper in Fi●e. A Noble-man there having one M. Weymis, an honest man, a Preacher and person at one of the Churches, the which whole Parish belonged to the Noble-man, used all the entreaties, all the threatenings he could, to persuade M. Weymis to make over to him, and ●is House, the Right of the bnfice, which i● I mi●●ake not, was a Parsonage. The good man re●used it: the Noble-man finding the man immovable, having prepared the way ●ith the Ring-leaders, accuseth the honest man before the presbytery, obt●ineth ●entence of removing M. Weymis from that Church and Benefic●, and bringeth in one M. Scrogie, who with the consen● of ●●e presbytery, sacrilegiously made over the Right of the Church to the Noble-man and his Family. M. Weymis was transplanted to another Church. The Right made over by S●rogie, was afterwards confirmed by Act of parliament. K. James, when this Noble-man▪ c●me to him, spoken to him to this sense: My Lord, I wonder now you have so much power with the presbytery to ob●aine such a thing, and work so strange a matter; I pray you ●●●ch me the way, ●or I would gladly know it. The Noble-man an●wered, to this sense, or much about it; Sir, you take not the right way: I pr●p●red my business, by gaining the prime men to my cours●, Len● to A. B's●ou●e so ●u●h malt, and to C. D's h● us● much Mea●●, to N. a Carcas●e of beef; this got me the power to put away Weymis, to bring in Scrogie, and from him, with the coment of the presbytery, to have the right of the Parsonage impropriate to me and my House: Sir, this course you must take, if you would work any thing by, or with these men. The Testament o● a Gentleman of Wit, and more then ordinary worth and esteem, is to this day extant,( although he he dyed many yeares ago) wherein confessing his many sins( he was much guilty of uncleanness, and was of more then ordinary reach in political and subtle ways) abhorring himself for them, and earnestly begging pardon, professed, and protested, That no sin did wound his Conscience so much, as his deep hypocrisy; who, without the true fear of GOD, made great show of Religion, where none, or little was: and, to cover his sins from the World, to hid his shane, and the better to effectuate his private designs, he made much of some few prime leading Ministers; by doing of which, he was not challenged for his sins; and was enabled to work his other ends. This hath been, and is this day a constant course kept by all of that Cut and Coat. It is known, that no kingdom of the Kings was so much inse●●ed The Presbytery the Seminary and nursery of Feuds. with Feuds,( as they call them) as that of Scotland: nor was there any thing more ordinary, then Neighbourly Feuds in Parishes, to be fought, to the effusion of much blood, partly beginning sometimes within the Church, and ended in the Church-yard, where many times some were killed: And it was as ordinary, to find each presbytery divided in their affection and course, according as they affencted the one, or the other party. Nor was Scotland ever free of Feuds, sheathing their Swords in their Neighbours bowels, murdering one another, till a little before King james came into England; nor did ever that kingdom enjoy such Peace and plenty, as during the time of episcopacy. Sir, by the few instances I have given you of many, you may see clearly, that Presbyterian Government is not onely inconsistent with monarchy, but destructive of the liberty of the Subjects person, and Trade; encroaching upon all authority, sovereign, and Delegate; restraining at pleasure, Causes and Suits commenced before Judges; forbidding Execution of Judgements, obtained before the ordinary Judges; repealing Grants, Letters▪ Patents, Rights and privileges authorised by Law: assuming to itself the Civill power, exacting Civill fines▪ pecuniary mulcts, inflicting corporal punishments, painful and disgraceful; defaming young, disgracing married persons; and in brief, is against the Peace of the kingdom, of Families and Neighbours. And for their clergy or fellow-Presbyters, they tyramnize over their Conscience, depose, or transplant them at pleasure, for reasons known to some few of the more active. It is proper now to speak next of provincial Synods. IN describing of which, we need not to insist much: for except that the Jurisdiction is of greater extent and latitude, yet in its essentialls, constitution, and power, with the exercise of it, it is the very same. A provincial Synod is the apish imitation of a provincial What it is. council, consisting of a Metropolitan, and the Suffragan Bishops of his Province: With them, it is an associate body of the Commissioners chosen out of all the In●ividuall Presbyteries within the precinct of the Province. How many there be of them in the kingdom of Scotland at this instant, I know not: but the kingdom is divided into so many Provinces, as they in their prudence think it fittest for the Government of the Church. If I remember right, by their platform of Discipline, these provincial Synods are to meet twice a year, or oftener, pro re ●atâ. These synodal Assemblies have a super-intending and over-ruling The extent of their power. power over all the Presbyteries within the limits of that Province. The cases proper to these Courts are: First, All matters which The cases which fall within their Jurisdiction. do appertain to the whole Province: Secondly, All refers from all Presbyteries within its Verge: Thirdly, All cases of every several presbytery▪ which were difficult, and could not there be determined: Fourthly, The due censure of all what is thought to be done amiss in any presbytery, within its lash: Fifthly, What is ordered and decreed in those provincial Synods, tieth all within the particular Presbyteries and Parishes, as well Lay as Clergy-men, to obedience. Any presbytery else, that moveth without the sphere of this Province, is not tied to obey what this decrees, by virtue of any authority flowing from it. The same course is holden in all things in the provincial Sanhedrim, The politic stratagem of the great Gamaliels. which is kept in the Presbyteria●l consistory, so that I need not trouble you by resuming and repeating the like: onely here is some piece and use of good policy, which is this; In a Province there may be some four, or five, or six, or more knowing leading-Ministers, who over-rule different and distant Presbyteries, and so cannot formally and fairly join their wits and power to compass their common and private ends. The meeting of this provincial Synod occasioneth the meeting of th●se leading men in the same place; who after that they have communicated counsels, and agreed upon the course, they are able to draw their brethren, their pupils of their Faction, as Servum pecus, slavishly, yet with much zeal, to dispute, debate, and voice for what they in their wisdom think fit for their own ends: which course laid down, will be so prevalent, that if it be against King, Country, Preacher, or Lay-men, in that concerneth the public, or any private mans interest, to whom they stand engaged, it is to as little purpose to some good men to oppose, or moderate this course, as to a man for step a current of a flood, after a great in●ndation of rain, with his foot. There is another trick of policy too▪ whereby the Apostles of this Province advance their own credit; that the wisest of the nobility and gentry see who are the active and doing men, and having their particular interest many times, both in the public, and their own private, they make their address to these Popes, gain them to their course, and strengthen themselves by the spiritual Sword to disturb the public, or to gain their private ends, whether right or wrong. When the Commissioners from hence return to their several Presbyteries, they in 〈…〉 a●e to them, to command the particular Ministers to Preach in their Parishes Doctrine tending to the advancement of those designs: and this is so much obeied, that the Minister of the Kings Family, or Parish, must sing the same ●ong, although it concern the King in His Honour, or in that is most dear to ●im, and be to the prejudice o● His Person, sovereignty and Government. These {αβγδ}, these prime men of God, are attended and honoured The great honour which is given to the patriarchal Presbyters. so by the su●●●e and cunning Nobles and Gentlemen, that they are well-nigh deisied; in their comm●ng to and fro, to Assemblies, Presbyteries, or upon other occasions, the most eminent of the Province wait upon them, entreat them to come to their Houses, set them at the head of the Tables by my Lady, provide for them the b●st chambers. And that you may know, howsoever they pretend parity, that it is protestatio contra factum, never Bishop in Scotland hath come into Cities with such convoys, been attended with such great personages, as some of this holy Brother-hood. It is to this day remembered, that when Master Robert Bruce came from his Visitation in the West▪ or South, returning to edinburgh, and entering by the Canon-gate, King James looking out at His Window in His Palace at Halyrude-House, with indignation,( which extorted from him an Oath) said. Master Robert Bruce I am sure intends to be King, and declare himself heir to King Robert the Bruce. If you would allow me upon this to digress, I beg to be bold to tel you a true story, and the most insolent I believe, you ever red or heard. When Q. Elizabeth was waxed old, K. James bethinking The presumptu●ous carriage of M. R. Bruce toward K. James how to come at the peaceable possession of that Right, God and nature had entitled him to after her death; and resolving to recall and pardon the earls of Angus, huntley, and Arroll,( who at that time were banished and beyond Seas) feared, if by himself, and his sovereignty, he should do it, because they were professed Papists, he feared the Church would except against it, and move his Subjects to Sedition and Rebel●ion; yet the Noblemen were most able to strengthen him▪ and do him best service in the kingdom. To prevent this misc●iefe, he sent one of his trusted and worthy Courtiers to M. Robert Bruce, one of the Ministers of edinburgh, who at that time had great sway in the Church, desiring him to come to His majesty about some business of high concernment. M. Robert did come. The good admirable King, welcomed him more then courteously, took him into His Retiring or Bed-Chamber; spoken powerfully to this sense: M. Robert▪ I have sent for you to have your advice in a business of great weight concerning the Peace of Scotland and England, and which concerns me in Right and Honour most nearly. Q. Elizabeth, my Sister and Cousin, is sick and cannot live long, you know I have God's and Nature's Right to that Crown; I cannot loose it in Honour or in Justice, and yet my prayer to God is, that I may come at my Right without any blood. I know there is some Faction in England against me, but my friends are more prevalent there. It concerneth me, in the point of Prudence, to provide that there be no Faction and division in this my Kingdom of Scotland, for if this Kingdom be all one way for me in hearty obedience and subjection, the dis-affected party in England will be better advised, then to work me trouble to their great disadvantage. Now, saith the best and wisest of Kings, I fear nothing, but that these three Noble men beyond Seas, because of their forfeiture, may be wrought upon by Papists, encouraged and enabled by them there and the English Papists, who are most against my coming to the Crown of England, knowing I am a sound Protestant, ●o come hither and trouble Me and the Peace of this kingdom. do you not think it sit, that I give them a pardon, restore them to their Honour and Lands▪ and by so doing▪ so gain them, that thus I may save the effusion of Christian blood? To this demand so piously made, the answer was; Sir, you may pardon Angus and Arroll, and recall them, but it is not sit, nor will you ever obtain my consent to pardon or recall huntley. To this the most gracious King sweetly replied: Master Robert, It were better for me to pardon and recall him, and not the other two, then the other two without him. First, because you know he hath a greater command, and is more powerful then both of them. Secondly, Next, you know I am more assured of his affection to me, for he hath married my dear and near Kins-woman, the Duke of Lenox his Sister. His rejoyner was; ●ir I cannot agree to it. The King out of the great depth of His wisdom and prudence, and His transcendent goodness, concluded thus; Master Robert, I have imparted my most secret thoughts to you first before any, and to you onely; I am so confident of your zeal and good affection to Me and My Honour, that I entreat you to think upon this matter a day or two; and after your better thoughts and Prayers, return to me, and tell me clearly what you think. Thus was he dismissed with as much respect as the King could give to any of His highest Subjects. The truth is, at this time this man had more power in edinburgh then the King; and his credit there had a mighty influence upon all His Sect, and many in the kingdom: within a day or two he returns to his majesty; yet, if I be informed right, not till he was called upon. When he entred the Kings Presence-C●amber, the King took him into a secret retiring room as before, made the door be shut, and speaketh to this sense: Now Master Robert, I hope you have thought more seriously upon that weighty business I proposed to you the last day, and have prayed God to direct you and Me both, tell me then, what you think of my purpose and resolution concerning those three Noble-men? He returneth this answer; Sir, the more I think of it, the more I am contir●ed in the advice I gave to you the last day. I agree with all my heart, that you recall Angus and Arroll, but for huntley it cannot be. The King resumed and repeated his reasons before mentioned▪ and added some more. He obstinately opposed and contradicted it. All do know, who knew any thing of these times, that Angus and Arroll were as bigot Papists, if not more, then huntley; there was no difference in Religion: the truth is, Master Bruce was a Lover of the earl of Argyle who loved not much the earl of huntley. This was the Spirit inspired him, as it seemeth. King James desired his reasons: he gave none▪ but spoken majestically. Then the King told him downright, Master Robert, I have told you my purpose; you see how nearly and highly it concerneth me: I have given you my reasons for my resolution, you give me your opinion, but you strengthen it not with reason; wherefore I will hold my own resolution, and do as I first spoken to you. To the which, with Christian and Subject-like reverence, he returned this reply; well, Sir, you may do as you list, but choose you, ye shall not have me and the earl of huntley both for you. Sir, Judge by this in what case monarchy is, in such a Government; for that this is truth, I am as much assured of, as moral certainty can assure any man of moral truth, which with his own ears he hath not heard. And yet this man was but Minister of edinburgh. To return thither, from whence we digressed, that you may know, that this great Honour which is done to those great ones, The country honour not these Apostles in the name of a Disciple, as it appeareth by the d●s●respect all other Ministers h●●● from their Parishioners. the Cabinet-Councell of all provincial and general Assemblies by these cunning and subtle Nobles and others, is not done in the name of a Disciple, in the name of a Prophet; reslect a little with your eyes, and consider how the same men respect and entertain their own Parish-Minister; when the Gamaliels sits by my Lady, the Parish-Priest will be below the Candlestick; and will be forced to come to his Lord, or Laird, and Crouch down for a morsel of Bread, and small piece of Money. Nay, before the Gamaliel be gone, he must prompt and Cat●chise the poor stipendi●rie, how to carry himself with the Lord and Laird; not to exact too rigorously what is due in his competent Stipend, nor in Preaching, Doctrine, or Discip●ine, to offend the Lord or Laird: such good Christians, such Jehoshus's, Nehemia's, and Esdras's, are to be much made of for the Cause of God: I dare to say, never Bishop or Arch-Bishop in England or Scotland, hath used more authority nor did ever carry themselves so arrogantly to wards the meanest of their clergy, as these men do over their simpler brethren. I come now at last to The general assembly. THis is the Great and High Sanhedrim; the last resolution of faith The prerogative of this Court. is almost in this associate Body. Here Christ sits in the Highest glory and dignity he can upon earth. Here is the ultimate decision of all controversies. Here you may find really that fancied infallibility of the Pope. The Jurisdiction in this is universal, in all concerneth Ecclesiastica, Ecclesiasticos, and what concerneth all Temporalia in ordine ad Spiritualia. The authority of it is sovereign, independent from any, derived The independent sovereignty of it. to them by trust immediately from Christ; to him alone they are accountable. Whosoever obeyeth not this sovereignty, is to be Excommunicate; the Magistrate is at their Command, and as they prescribe, to punish in Estate, in Body, in Life and Death: If the King obey not, He is to be Excommunicated; and to strengthen this, the nobility, gentry, Collective body, nay, every individual person is to concur, to compel and censure him to the utmost of his power, to punish, to dethrone, to pains-taking, to kill, &c. Let us come and see how this goodly judicatory is made up. It is composed, First, of the Commissioners sent from all the Of whom, and how it is composed. Presbyteries of the kingdom: which( as I hear and am informed) is thus ordered; every presbytery sendeth out two Preaching-Elders, and a Lay-Elder: by this it seemeth, that the clergy hath the advantage. Secondly, therefore consider, that besides the Commissioners from Presbyteries, there cometh from every Burrow and Corporation one Commissioner; and edinburgh, for some spiritual prerogative no doubt, is honoured and privileged to sand two. Thirdly, the Univers●ties and colleges sand their Commissioners, which for the most part are not Doctors nor Ministers, but Lay-men and Graduates in liberal Arts and Sciences. This will go near to equal the number of Lay-Commissioners to that of Preaching-Ministers. Fourthly, the King is a member constituent too, and should be How the King is a member of it, and ●f no pow●r above the meanest Ruling-Elder. there either personally by himself, or virtually and r●presentatively, in, or by his Commissioner: He hath one voice too, and that affirmative onely. In what capacity they admit the King to be a member constituent of this spiritual Court, I know not well, if they be agreed upon it. Some hold, that he is there as Princeps membrum; by this I see he is the first Gentleman there, and it may be, hath the right hand too: Some say, as a Representative of the Civill Body of the kingdom, and sits there in that capacity: All of them agree in this, that he is bound by his ow●e presence, or Commissioners, to see and provide, that no disturbance or viol●nce be offered. The King, if present, and His Commissioner, if absent, have so much honour indulged to him, that He or His Commissioner may have four, five, or six Assistants for advice; but these synodical Fathers give their indulgerces with such circumspectly prudence, that to preserve Christ's honour and their own entire, the King or His Commissioner may debate and advice with His council, or Assistants, or desire any of them to speak, while matters are in debating; but when it cometh to the decision and determination by voices, and plurality of voices maketh the Decree, the King has onely one voice, and that Affirmative onely, not Negative. By this it is certain, that if the greater part of voices determine The King must execute their Commands, although they be against his Conscience. contrary to the King's voice, nay, to His mind and Conscience, He is bound to put it in execution: for Potestas Juris is radically in the whole assembly; the King hath no more but Potestatem Facti, to be an executioner Rei Judicatae, of the Decrees; otherwise, He is censurable: and if He be obstinately refractory, He is not worthy to hold His crown. The King presides too, as they confess; but so, that it is onely civilly, and in His civill capacity. If I be not mistaken, yet I dare not a vouch this confidently, the King hath not power to propose any thing spiritual, or that concerneth the Church; but if He do it, it must be done by the Right Father of the Assembly, the Moderator. This I dare to say, that neither the King nor his Commissioner can hinder or oppose the proposing of any thing they think concerneth the kingdom of Jesus Christ: for this were no free general Assembly, and to limit the holy one of Israel. Nay, i● the thing proposed, conceived by them to be spiritual, be so twisted with the things Civill, that the ordering or establishing of it may carry along with it a change and distemper in the State and Government, or import danger to the King and crown; the Moderator, or any Commissioner, hath power to propose it, determine it, and never to consider or reflect upon the danger of King, State, or kingdom, and that for God and Christ's glory. The proper, natural, and right Fresident of this seraphical The proper Moderator, is a Preacher. judicatory, is one of the Preaching-Elders( although wee observed before, how Lay-men, as Buchanan, Melvil, Bruce, have been Moderators) a Lay-Elder now cannot be Moderator. Here is the Legislative power, here is the sovereignty of Christs kingdom, here is the highest tribunal and judicatory of Christ upon the Earth, from which no person, no office, no condition of creature is privileged; from it lieth no appeal. The King hath no power to appoint the time or place of this They indict the assembly by their own power. Assembly, but once a year it must necessary meet. And at the close of every Assembly, the Present appointeth the day and place for the next. If any great exigency really, or in their fancy intervening, requireth the meeting of a general Assembly before the time determined, the Commissioners from the Assembly are to make remonstrance of it unto the King. Whatsoever power the Pope unjustly usurpeth, the catholic The vast power of this Court. Church, or her virtual and Representative, an ecumenical council, justly challengeth; this general Assembly vindicateth to itself, only Authoritative, by way of authority, within the Church of the kingdom and Nation; yet Consensivè, and Charitativè, to extend to all Neighbour-Churches in the World, whatever it be that concerneth, fidem, cultum, Regimen, &c. credenda, agenda. And yet if this infallible supreme judicatory would reserve to itself that jurisdiction is due to men in Sacred Orders, and which intrinsically, radically, and originally is in them ex vi ordinis, although Presbyters intrude upon higher Callings, and they place all ecclesiastical power, at least communicate it to Lay-people, the Princes condition were tolerable: Nay, if they did onely trench upon what is due to sovereignty, and with which he is invested from God almighty, which is restrained, ad Externum hominem, and Externum Regimen, although sovereignty by it be brought into straighter and narrower bounds, a King might be in some poor condition, although Robbed of His Right. But when they come to this, that in ordine ad spiritualia, in order to spiritual things, they will give the King laws, repeal His La●es, command and expect performance and obedience, otherwise Excommunicate, and if a King neglect that Excommunication, incite inferior Magistrates, Nobles, and Commons, to bring Him in order, to compel and force Him; He is in a worse condition under this Soveraignitie, then under the Pope, by how much it is worse to a King to be subjected to an untamed furious Beast, the multitude, then to the tyranny of one. All these Lay-Elders, all these Commissioners from Corporations Lay men Judges in highest points of Faith and Worship, &c. and burrows, are de jure divino, as fully Judges in all matters of Faith, Worship, Government; Judges of heresy, idolatry Superstition, of the highest points of Orthodox and catholic mysteries, of the grossest and doest Heresies, arianism, arminianism, Macedonianisme, Montanisme, Soctanisme, anabaptism, &c. as any man in Sacred Orders there, have vocem deliberativam, vocem decisivam, have a debating, discussive voice, and concur as much with the influence of their voice, to prescribe and give us Normam fidet, cultús, politiae, a confession of Faith, a prescript for Worship, Canons for Government and Discipline, as ever Bishops had in lawful Christian Councells: Bishops, limbs and members of Antichrist, are no part of it. Now is forgotten that of the council of Chalcedon, Concilium Episcopor●m est; and that old Barbarous, but Christian enough verse, item foras Laici, non est vobis locus yci. I would gladly ask of one of these rabbis, and great Masters in Commissioners of Eurrowes are there onely in a Lay-capacitie. Israel, how cometh it that the Commissioners of burrows sit there, voice there? are they too de jure divino, by divine right? If they answer, that such are chosen as are, or have been Lay-Elders; I rejoin: the Lay-Elders come in that capacity onely, as Commissioners of the particular Presbyteries: These are not members Constituents of the presbytery in that capacity, that they are, or have been Lay-Elders, but have right and interest in this high Court in that capacity merely, as Commissioners of burrows. look upon their acts of general Assembly, and you will find, that it authorizes Commissioners from burrows to be parts Constituent of this judicatory, quâ tales, as sent from the burrows. again, I ask, seeing you make Doctors one of your four holy We find Doctors no where. Functions ecclesiastical, constituted by Christ; in what judicatory find we them? In Sessions they are not; In few Presbyteries they be; and if there, in some other capacity. In general Assemblies if any be, they appear as Commissioners from the university, in this capacity onely. And many times it is seen, that Professors of philosophy have been Commissioners of colleges in general Assemblies. Leaving these absurdities, which are monstrously gross, I come The power which this Sanhedrim assumeth to itself. to consider next, what is the sovereign power of this high Sanhedrim. If they would, in Christian moderation, assume no more to themselves but onely a Directive Power, and by humble Remonstrances and Supplications, with that reverence is due to sovereignty and majesty, Petition the King to animate their Acts, Canons, and Constitutions, with the influence of his Legislative Power; this were faire Quarter. But, by your favour, no sooner have they enacted it here, and so soon as it is solemnly intimated, which is by returning to every presbytery, with it's Commissioners, a copy of the Acts, Orders, and Ordinances, and by the Presbyterie's Order every Minister hath published them in the Parish Church; all things so done, are animated with a Potestative Power, by the influence these Orders receive from that Legislative Power Christ hath entrusted them with, in his oeconomicall kingdom. All then are bound to obedience, if it be in the meanest in●iffer●nt thing; nay, if this Order cross or repeal a standing Law, all disobedients are liable to all ecclesiastical Censures, and may forthwith be proceeded against, even till they be delivered over into the hands of the devil. This Assembly is above the King; to them he ought to give an They are above the King, and all sovereignty account of his Faith; to their Confession of Faith he must conform himself; to their Orders he must give obedience; otherwise, he is excommunicable, deposable. I fear you scar believe me; yet truly, non verenda retego, said inverecunda confut●; I discover not the nakedness of Father, the shane of Brot●er, nor Friend; would to God the tenets and practices were ●uried in Hell, and the maintainers regained to God by true repentance,& f●rs●king their ways: I discover onely things that are past all shane,& which our Church can never own. Sir, if you will hard●y b●l●eve me in this, let me give you their assertions in this case& their con●ormable practise. It is their constant catholic Tenet, That if the King, queen, If they cannot reform by the King, they may by any other means else. Regent, or Protector, or whosoever he or she is, in whose Person sovereignty is fixed, or in whose Person it is representatively fixed, onely by a siduciarie trust, during the non-age of the Prince or princess; will not submit himself to this holy sceptre, will not according to it's prescript, reform Religion, preserve it in it's integrity; any man or men are bound to do it, at their direction. I spare Martin. Junior's Faith in this, That there is no authority above the Brotherhood. No Magistrate( saith ● e. Thes. 17. 18. 22.) may lawfully maim or deform the Body of Christ, which is the Church; no lawful Church-Government is changeable, at the pleasure of the Magistrate; of necessity, all Christian Magistrates are bound to receive this Government. Nor will I insist upon Vigginton's assertion; That, what the Holy Brotherhood cannot obtain by svit and dispute, the People must bring it to pass. You desire the Tenets and Practices of the Church of Scotland onely. The Scot's maintain. That if the King, or queen, will not reform Religion may be reformed, or preserved by violence. Religion, they may take upon them by violence and power to reform it. This they have learned of their grand-father Knox, as you may read in an Epistle of his, written from deep, An. 1557. and in Knox Hist. p. 213. what is lawful for Reformation, is lawful for preservation of Religion. First, and here they begin with the Nobles, and determine right If the King will not, the Nobles may. down; Noble men ought to reform Religion, if the King will not, Knox, ap. 25. again, That God hath appointed the nobility to bridle the inordinate app●tites of Princes; and in so doing, they cannot be accused as resisters of Author●tie. Knox, Hist. 343. And, That it is their duty to repress the rage and insolency of Princes, Knox, ap. 33. Secondly, in the second p●ace; if the Nobles will not do, the If neither King nor Nobles, the People may. People and Commonalite may reform Religion, at the order and direction of the Brotherhood, Knox to the commonalty, fol. 49. 50. The commonalty, by their power, may bridle the cruel Beasts;( they mean, Priests and Prelates) Knox to the commonalty, fol. 55. Tho commonalty may lawfully require of their sovereign, to have true Preachers; and if he be negligent, they may themselves provide them, maintain them, defend them against all that do persecute them, and may detain the profits of the Church-Livings from the other sort;( that is to say, Priests, Papists, Prelates, and Malignants) Knox to the commonalty, fol. 55. Thirdly, in the third place; if they come to the happiness, to If Nobles and Commons join, there is hope of some greater success. have Nobles and Commons obedient to their Commandements, for Reformation, or preservation of true Religion,( which must be so as they fancy) I am deceived, if they allow not more violence, and esteem it more piety, zeal, and justice. Their Tenets are: The commonalty concurring with the Nobles, may compel the Bishops to cease from their tyrannte, Knox to the commonalty, fol. 47. again; The nobility and commonalty ought to reform Religion, and in that case may remove from Honours, and may punish such as God hath condemned, Deut. 13. Of what estate, condition, or honour soever. Knox, ap. sol. 28. 30. Fourthly, in the fourth place, if the Nobles will not join Ins●riour Magistrates& people may join. with the People or commonalty, in the Reformation, or preservation of true Religion; at the direction of the ministery, the inferior Magistrates may, and should do it. Knox, Hist. p. 217. Fifthly, in the fifth place, before so good a work be not done, Every individual in this good work, may, and ought to the utmost of his power, intend and endeavour Reformation. if Nobles, or the whole, or greatest part of the commonalty will not be obedient, assisting,& aiding to so good a work; Every individual man& person is bound to advance this good work, to kill Papist, Priest, Prelate, Malignant, nay a King, if he stand out an enemy to God, and Christ, and cannot otherwise be reclaimed, or removed, nor by svit or dispute gained to the right way,( I dare say, their doctrine leads to this) see Knox, ap. fol. 30. where roundly he saith, The punishment of such Crimes as touch the majesty of God doth not appertain to Kings and chief Rulers onely, but also to the whole body of the People, and to every member of the same, to revenge the injury done against God. again, see him, fol. 35. The People are bound by oath to God, to revenge, to the utmost of their power, the injury done against Gods majesty. To this purpose they allege the examp●es of Phincas, who in his zeal killed the Adulterers: of Ehud, who in the same zeal killed Eglon in his private Chamber,( remember he was a King:) Of Jael, who killed Sisera: of Matathias, who in zeal killed a Jew for committing of idolatry; and who, in the same zeal. at the same time killed the Kings Commissioner. Sir, put these things together, and see, where this Sovera●gne supreme ecclesiastical judicatory hath such dominion and power over mens consciences, that being directed by their ministery, they are bound to do to the utmost of their power, for Reformation and preservation of Religion, what Sacred Person of any King can be secured? What man offending against the majesty of God( which is as they sarcie many times) may not be taken away by one like to a Ravilliack? What. Commissioner or counsellor of the King, but in doing his best service to His Master, he may be stoned like to Adoram, and all this go in popular esteem currant for good service, and extraordinary zeal to God and his Cause? Sixthly, in the sixth place, upon those grounds, Covenants and All, or as many as are well-affected, may Covenant& combine for doing this work. Confederacies come in, to strengthen all, to join Purses, Persons, Wit, and Strength, contra omnes mortales, Regid Majestate non exceptâ, against King and Bishop, Prince and Prelate, to the defence of the good Cause; with a Combination, every one to be aiding, assisting, and maintaining one another in so good a Cause. Seventhly, in the last place cometh their Orders for Reformation, The Confiderates may by themselves give Orders. or preservation; and that by themselves and the collective Body, or any Associates whatsoever, without respect, reverence, or obedience to the sovereign author●tie of the Prince. The practise is clearly seen in M. Knox his proceedings: for Practices upon the Tenets. after that by his Letter, which we mentioned before, written to Scotland, Anno 1557, from deep, and otherwise, he had infused the above-named Principles into many, an Oath of Confederacie was taken amongst them, and subscription under their hands, to some agreement. This gave life to that tumultuary Reformation, much strength being added to it, by the concurrence of the Sacrilegious, hoping thus to swallow up the Church-Revenues; which is more then certain, was against Knox his mind, and the first Reformers. As we deplore great losses the Church had by this Reformation, and do thank God hearty for his admirable bounty and mercy in the good of Truth we got by it, yet we will never wrong Reformed Religion so much, as to account of that as an orderly Reformation; we deny not, but it was attended with much Sedition, Faction, and Rebellion. Anno 1558, without the authority of sovereignty, nay, without Orders of Reformation, prescribed without the authority of sovereignty. the knowledge of it, these Confederates, at the direction of their ministery, prescribe Orders for Reformation of Religion to be observed and practised throughout the whole kingdom. See Knox Hist. p. 217, 218. They go farther; they writ an Imperious Letter to the Religious They charge their adverse party to obey their Orders. Houses, in the Name of the Congregation, commanding all of them to remove from thence against such a day, or then they would eject them by force. Knox, ib. Within very short time after, a Parliament being holden by the They protest against King& Parliament. Queen Regent,( Queen Maries Mother, and great Grand-mother to our gracious sovereign) they make a Protestation, That except they had their desires, they would go on in their intended course of Reformation; That neither they, nor any that joined with them, should incur therefore any danger in Life, or Lands, or other Civill Penalties; and, That if any violence happened in pursuit of those matters, they should thank themselves. It is very observable, they were all bound in that Confederacie, to assist and strengthen each other in that course: See Knox Hist. pag. 256. First, here you have the direction of the ministery: Next, you have a Confederacie, and Bond of mutual defence: Thirdly, you have Orders and Decrees agreed upon, in common: Fourthly, you have Warrants issued out, to make or force all to be put in execution: Fifthly, you have a Protestation, and that a threatening one too, against the queen Regent and whole Parliament: Are those things consistent with monarchy? What Scripture? what Father? what practise of the Church doth warrant such a Reformation? Come on, and you shall have them anon in open contemning They contemn sovereign authority. sovereign authority. The queen Regent, to suppress these beginnings, and to nip them in the bud, cites them to appear at Stirling: They appear not; they are out-lawed: all men, under pain of Treason, are inhibited to assist them. There is no obedience, but all in the Confederacie adhere to them: I cannot, for my part, justify this divinity. From Disobedience and Contempt, they are guilty of usurping They usurp royal Power. the royal Power: for very shortly after, Anno 1559. immediately after a Sermon preached by Knox in Saint-Iohnstowne, at his exhortation and direction, they fall to the pulling down of the Religious Houses, and within two or three dayes equal three of them to the ground. Can it appear, that by Holy Writ or Reason such Popular tumultuary Reformations are warrantable? Is it not intrinsically inherent in the crown, or wheresoever sovereignty is fixed? And so they proceeded in Fife, Angus, Mornis, Stirling, Lowthian, &c. and through the whole kingdom. See Knox Hist. p. 263. Here were many goodly and rich Churches spoyled, robbed, and cast down. After this they disclaim sovereign authority, except it be as They resource their lawful sovereign. they please, and have their desires. The queen Regent threatened Saint-Iohnstowne, where this disorder first was acted. They of the Confederacie writ to her in plain terms; That except She stayed from that cruelty, they should be compelled to take the Sword of just defence, and protested. That without the Reformation which they desired, they would never be subject to any mortal man. See Knox, p. 265. More followed. By a Letter they city all their Brethren to repair They command all she Brotherhood to be assistants. unto them: and that you may know, that their Letters were Authoritative Commands, and that all the authority is from the independent sovereignty of the Church; consider, how they writ to the nobility, upon pain of Excommunication, to join with them. Knox ibid. pag. 268, 269, 272. How much this ecclesiastical sovereignty did exalt itself above They are obeied, the queens Herald is abused. the Civill, is more then apparent in this, That when an Herald in his Coat of arms, commanded all men under pain of Treason to return to their houses, by public sound of Trumpet, in Glasgow no man obeied that Charge, but went forward to their Associates, Habes confitentem reuns. Knox, pag. 274. They denounce war too, which was ever judged to be the peculiar They denounce war against their adversaries. specific prerogative of sovereignty: for they writ to the Bishops and clergy, That except they desisted from dealing against them, they would with all force and power execute just vengeance and punishment upon them; and, that they would begin the same war which God commanded Israel to execute against the Canaanites. Which manner of proceeding, they termed a resisting of the enemy. Knox Hist. p. 275, 276. The poor queen Regent was brought to an Accommodation, They will hear of no Peace, but enter into a Combination for mutual defence. and the Assembly at Saint-Iohnstowne was dismissed: But there parting they entred into a This is much like a Clause in the late horrid Covenant. League by Oath, That if any one Member of their Congregation( this in the Scotish is equivalent to Ecclesia) should be troubled they should all concur, assist, and convene again together, for the defence of the same. Knox, pag. 283. The queen Regent finding this sovereignty over-beare Her's, and the Peace of the kingdom shaken; by a Declaration published and preclaimed, testified her desire of Peace, and descended so much, that really it was onely a Request: They scorned it, would none of it, confuted it by another, did exhort those of their Faction to excourage themselves in the Lord, to stand upon their guard, like to the re-builders of Jerusalem and the Temple, with the Sword in one hand, and the Bible in another; wherein they gave the queen many times the Not much unlike the uncivil language cast upon our gracious sovereign in these Times. lie, and abused her with reproachful and contumelious speeches. The Subjects that continue their obedience, are honoured with no better term, then to be called the queens Faction. You may read this at leisure and pleasure in Knox history, pag. 330, 333, 362, 364. Nay, they renounce their obedience unto Her, protested, That whosoever should take Her part, should be punished as Traytors, whensoever God should put the Sword of Justice into their hands. Knox Hist. p. 364. At last they rise to the highest pitch of Rebellion, and Anno They depose the queen Regent. 1560 they depose the queen Regent; the predetermination being given, That it was lawful for them to do so, by M. Knox and M. Wilcocks. This is upon Record yet in that kingdom, and is set down by M. Knox himself, Hist. pag. 372, 378. And it is observable, that the queen, if I remember right, lived but a month, or little more, after this pious act. Some will now say, that I speak too hardly of our first Reformers The Author's modest opinion of that is called the first Reformation of Scotland. and Reformation, and would know what is my opinion of them and it. To deal clearly; God is my witness, I am no Papist, but do abhor popery as much as any; and that I am no Puritan, the other party will witness for me: I am bound to speak the truth in my heart; and to give some satisfaction, I say, First, as I am able, I bless and praise God most hearty, that we were delivered from the Popes tyranny, and that gross A●gyptian darkness we were under: which I ascribe to the admirable wisdom and infinitely transcendent goodness of God. Next, I leave the men to God's mercy; but for the manner of proceeding, the way they took, I dare not, I will not approve it: but will say with Jacob, in consilium eorum ne veniat anima mea. Thirdly, I daily hearty bewail that, that too too much Idolized Reformation, in an excessive hatred against popery, did run too much to the other extreme; that the goodly Order and Government of the Church was shouldered out; the public service and worship of God, with it's decency, reverence, and come●inesse, was much defaced, disgraced; That goodly, stately, and rich Churches, were abused; robbed, and equalled to the ground; and, that the Church-Patrimonie was dilapidated: and yet this was not so much done by the first called Reformers, as by their Disciples, Aetas parentum pejor avis. It feareth me, besides that God is punishing our present sins, that by this Scourge, which is gilded with the specious, but spurious compellation of a glorious thorough, second Reformation, he is in the same justice punishing the sins of that first Reformation. For my part I judge verily, that Church had never an orderly and warrantable Reformation, till it was happily begun and advanced by King James, when he took the Government in his own hands, and was like to come to a great perfection under the Government of our most gracious sovereign King Charles: Although I deny not, but the seeds of Truth, sown by Hamilton, Wise-heart, miln, and others, who before Knox his time did preach Truth, cast down the errors of Rome in the peoples hearts, were far from stirring up the subjects against lawful authority; and like the ancient Martyrs, did suffer patiently, and seal the Truth of the Gospel with their blood. If Knox and his Complices had kept in this way, I am certain that Church had been more happy; nor had we seen such robbery and deformity in the Church. Sure I am, great, many, and more then ordinary sins in them, and us, and our fore-fathers, have brought us to be plunged in those almost inextricable miseries: and till we proportionably repent, we cannot look to see better dayes; what is disjointed in State set aright, and the beauty of God's House restored: which God of his mercy grant to us, for his onely son Jesus Christ. By what is said, it appears sufficiently, that this spiritual sovereignty is far above the King's crown: and what we undertook, to make their practices prove their Tenets, is more then evident; onely one thing rests to be proved, That this sovereignty may authorize any and every private man to do to the utmost of their power for the Reformation of Religion, to plunder, kill, &c. Sir, I refer you to M. Knox history of the Church of Scotland, practise of mischief done by private men, and commended by them. pag. 143, 144, 145. where relating how cardinal Beaton, Arch-bishop of S. Andrew's,( a man whom I justify not, neither commend much) was killed by Norman Lesley, John Lesley, Peter Carmichael, and James Melvil, in his own house, the Castle of S. Andrew's, who were all onely private Gentlemen; and if you will trust Buchanan, the cause was, a jar betwixt Norman Lesley and the cardinal, upon Knox his faith; the quarrel was, the killing of M. George Wise-heart( a good man undoubtedly.) The cardinal could have no mercy, although he cried pitifully for it, saying, I am a Priest, ye will not stay me: Knox, I say, relating this history, commends the fact of james Melvil, killing him with grave and pious words in his mouth, as a godly fact. The sum of the story is; when they entred the Cardinall's Chamber, with some sixteen or seventeen more, John Lesley and Peter Carmichael fell violently and passionately on him, but James Melvil with gravity and piety withdrew them, and said: This work and judgement of God,( although it be secret) ought to be done with great gravity. And presenting unto him the point of the Sword, said, Repent thee of thy former wicked life, but especially of thy shedding of the blood of that notable instrument of God, M. George Wise-heart, which albeit the flamme of fire consumed before men, yet cries it a vengeance upon thee, and we from God are sent to revenge it. For here before my God I protest, that neither the hatred of thy Person, the love of thy Riches, nor the fear of any trouble thou couldst have done to me in particular, moved, or moveth me to strike thee: but onely because thou hast been and remainest an obstinate enemy against Christ Jesus and his holy Gospel. And the meek man of God, as he is there termed, struck him twice or thrice thorough with a stogsword; and he fell. I give all this, that James Melvil did this in revenge of M. George Wise-heart, being slain by the cardinal: What divinity will warrant this fact of james Melvil's to be a good and godly fact( for so it is noted in the margin) to a private man, to murder or kill thus a Priest, an Arch-bishop of so high dignity? The result of all is, he did it gravely, in could blood, told him, so much, that he was sent from God, he had no private end; the motive stirred him up to this godly fact, was, That he had been, and remained at that time an enemy to Jesus Christ, and his holy Gospel; he exhorted him to repentance, and for all his great sins, as Knox writes the story, he allowed him no more time, but so much as was spent in his godly counsel: for immediately after he was twice thrust thorough. But those seraphical Doctors know, Nescit tarda molimina Spiritus Sanctus; and the Spirit can work suddenly, Inter as& offam, Inter Pont●m& Fontem, especially where and when they are sent of God to do such great good works: But this is protestatio contra factum. Whatever M. Melvil said in his Protestation, Knox doth witness, that the cardinal being murdered, they seized upon the artillery and Ammunition, wherewith that fortress was plentifully furnished, and likewise upon the rich hangings, householdstuff of all sorts, apparel, Copes, jewels, ornaments of Churches, great store of Gold and Silver-Plate, besides no small quantity of Treasure in ready coin. I could instance some practices about the time of the Parliament, in Anno 1621, commonly called the marquis of Hamilton's Parliament, but because that will onely reflect upon some parcular persons, I pass it willingly and witting. It is most certain, when the pious and learned Doctors of Aberdeen did demand of the patriarchs of this late Covenant; Why they did not by Preaching, Printing, Censuring, or some real dead, express their detestation of that horrid fact done by the Rascally-rout of edinburgh the 23 of july, 1637, where at the first reading of the Service there, a great many Bishops being in the Cathedrall Church, the Serving-women rose barbarously within the Church, did throw their stools at the Bishop of the place;& the Dean who was officiating, did cry out most horribly, that the mayor, Aldermen, and others within, could hardly compose it for a long time; and the worst and basest of the People, who were without, did throw in great stones at the Glasse-windowes, the doors being shut: After the arising of the commotion, to prevent more tumult and danger, and when Service and Sermon were done, the Bishops, mayor,& Aldermen, going home with the Lord chancellor, and some Bs. attending his Grace, the Bishop, and dean of edinburgh, with others, were well-nigh stoned in the streets: when I say, it was demanded of these Apostles, Why they did not condemn this unchristian Barbarous out-rage, void of piety and Reason, and without any example in the Christian Church? the sum of their answer was, and to this day is, That such a zealous people were to be left to their own warrant, they knew not by what Spirit they were governed, God worketh great works many times by basest means: and yet those Nobles they speak of, those zealous, those intelligent and knowing Christians( whereof many of them in edinburgh were known Coale-stealers and Whores) were the first active instruments in this glorious Reformation. I confess, this divinity is so transcendent and metaphysical, that it exceeds my capacity, and is so fruitful upon any occasion to work all or the greatest of mis-chiefes, that I do not see how it can consist with peace or safety of King, kingdom, Church, or of any entrusted with greatest trust in Church or State: I believe, any rational man may see by this, how superlatively this spiritual signory is above King and royal sovereignty. And that this Government ecclesiastical is inconsistent with monarchy, with the Peace of a kingdom, and is or may be in time a Mother and Nu●se of as much Rebellion and Treason as any jesuitism of the Highest die, if not more. Certainly Rome, although a Whore, and hath a cup of abomination in her hand, is not so bad nor so abominable; I pray God to keep all good Christians clean of both. Let us go on; In Faith, Worship, and all spiritual things they vindicate to themselves such a sovereignty, that King, council, Parliament, nay, all together, must not touch the sceptre of Christ; they are to Determine, Define, take Cognisance, Accuse, Sentence, Punish; neither King, nor King and council, nor King and Parliament, must assume power here; for otherwise, it is to intrude upon Christ and his Right. This sovereignty is of so high a strain, so large an extent, that When they demand the royal comformation of their Decrees, it is onely an act of courtese. when they have decreed any thing in this supreme infallible judicatory, that they may have the better obedience to demand the King and Parliament's approbation; This is not demanded as a thing arbitrary, which the King and Parliament may do, or not do; or leaving it to His royal Judgement, with the advice of His Parliament, to qualify or rectify their Decrees and Orders: No, no truly; that is, to betray the trust Christ hath given them: they need not supplicate or petition for it; it is in them but an act of courtesy, to show dutiful obedience. And if the King and Parliament will not grant it, they are armed with as much power from Heaven, as to force them to do it, by Excommunication, and making all good Christians join with them in God's Cause. Some may think, I speak liberally; God forbid I should do it: If any desire to know more in this particular, let him read the Scotish Pope's Sermon. Preached at Westminster, and Printed by Order of the House: I will not spend Time and Paper, to city his words, which giveth to the King no more authority then this; To approve by his subscription, what the Presbyters have Decreed. But to make this appear, I give you some unanswerable Reasons: First, It is certain, in Scotland M. Knox and his Complices set on their Reformation, without the queen, or queen Regents authority, or the authority of Parliament. For Anno 1558, they made their Consederacie, gave out their Orders for Reformation, throughout the whole kingdom: Anno 1559, they Acted their Reformation, An instance, anno 1559. by casting down Churches, abbeys, &c. casting out Priests, friars, &c. and all this, by their own radical and original power. queen Mary, their true and lawful sovereign, did authorize them in nothing; shee was then in France. The queen Dowager, queen Regent, King james the fifth's Widow, having the sovereignty by fiduciarie trust, in regard of the absence of the queen her Daughter, did not authorize it; nay, she did by her authority oppose it, contradict it, came in arms against it. The Parliament was not till the year 1560,( how holden for the present I cannot tell) but in that Parliament they set out a Confession of Faith, reformed Religion: but when they sent to the King and queen beyond Seas( queen Mary was then married to Francis the second in France) to confirm or ratify the Acts thereof, they denied. When intelligence was given to the Confederates they professed, they little regarded the denial of King and queen; for, say they,( Knox Hist. p. 500.) all we did, was rather to show our dutiful obedience, then to beg of them any strength to our Religion. Another in this kind you have; In Anno 1571, King james then Another instance, ann● 1571. being King, and the earl of mar being Regent, an Assembly was holden at Leith; where, by the Order of the Assembly, and Ordinance of the Regent and council, some Commissioners were appoynted from the Regent and council, and some from the general Assembly, to condescend upon a platform of Discipline, which was agreed to on both sides. The Plat-form is, That the Government of the Church shall be by Arch-Bishops, Bishops, deans and Chapters, &c. the order and course of all their Nomination, Election, &c. is just comform to this in England at this day,& as it was in Scotland before this late pretended Reformation, being indeed but the Churches deformation. That platform was entrolled in the Councell-Books of that kingdom, and stands there to this day: This I know certainly, and if I be not deceived, and almost I dare say it, except they have wronged their most famous and their most ancient Councells, the same is upon Record in the general Assembly books. Give me leave to tell you by the way one thing, that the Negative Faith, which is sine rugâ, sine masoulâ, was framed anno 1580, and it is believed, that in that Negative Faith, Episcopacy is abjured as Antichristian; yet anno 1581, this same Government is renewed, ratified, and ordained to continue constant, and not to be changed, till His majesty come to perfect age, and to be kept or changed then only in what He and His great council, the Parliament, shall thine fit, and not otherwise. Before this, the King His household and council had subscribed the Negative Faith; can any man, not void of judgement and discretion, think, that the King, His household and council, in subscribing it, did judge episcopacy Popish and Antichristian? Next, it is worth your notice taking, that as I honour the good parts which were in Knox and his fellow-labourers, I never accounted them as Apostles, men secured from error; yet I will say so much for their justification, That they were greater Enemies to sacrilege then their after-disciples; and were not against the Order of episcopacy, as Popish and Antichristian, as M. Andrew Melvil and his disciples afterward maintained. Nor were they so foolish, to servile all Church-men from voice in Parliament; only their desire was, That seeing the Popish Bishops were allowed to enjoy their benefice& Rents during their life time( this was more then our charitable glorious Reformers allowed to their Protestant Bishops now) with all other privileges, except spiritual jurisdiction, that they should not sit in Parliament as the repr●sentative of the Church; but in their places, should sit the Super-intendents and Commissioners of the Church: Which ineed were somewhat like to Bishops, but resembled more Arch-Presbyters then Bishops, To return again thither from whence we digressed; after that They set on their Discipline by themselves. this platform of Discipline was so agreed and established, as we told before M. Andrew Melvil comes to Scotland about the yeares 1574 or 75, ultra citra. This man, a good Hebrician and Linguist, and full of the Geneva Talmud, which was now more refined, beginneth to set Presbyterian Discipline higher; to make a second book of policy, or devout Imaginations, acknowledgeth no more Orders in the Church, then the sour above-named. A Bishop was no more in Scripture, but the same identically with Presb●ter; and where Abbots and Priors to his time were nominated and admitted to the abbeys and Priories as Church-men, gave their trials, and were collated( as they speak) by the Super-intendents: This great Doctor found out another divinity, That there was no Bishop but a Parish-Priest; Scripture for Abbots and Priors, there were none such in God's book. At this time, and from that, they call Reformation to this time; there was no bishopric nor Abbey annexed to the crown, and consequently, nor improp●iate to any Subject. It is true, Lay-men held them in commendum, by the King's gift, but as men able to do the King and Church good service; and before their right could be completed or perfected, they were to return to the King from the Super-intendent a Collation or Certificate, That he was of that ability, to do good service to the King and Church. Men sacrilegiously disposed, grasped greedily this Doctrine, and thanked God, that their names, as Abbots and Priors, were not in the book of God: And to have these Churchlivings and dignities, with bishoprics annexed to the crown, and from thence to impropriate them to them and their heires, they deified M. Melvil, and contributed their best wits and uttermost power to raise presbyterial Government higher. And by the sole authority of that they call the Church, they began, without the King, council or Parliament's consent or authority, to distribute the who●e kingdom into so many Presbyteries, as they thought fit in their discretion, and by the direction of the holy Spirit, as they blasphemously pretended, and did procure private subscriptions to their new book of policy, and put it in practise. They will more readily believe this, who know that in England the disciplinarians in London-meetings debated& established their Orders in secret and not warrantable Conventicles,& much about the same time; and great correspondence was entertained betwixt the Scots and the English at that time. How that book of Discipline was practised without any authority in Surrey and Northamptonshire, and other places, is known well enough. Now, I appeal to my judicious Readers, to judge, when without authority, by their own inherent radical Right, they make Orders, reform, Establish a Discipline; Whether these men imagine, that the concurrence of Christian authority sovereign is absolute necessary, or that their demand is any thing else but an act of courtesy, when by themselves and assistants they may establish and practise it? This second book of policy, Master Melvils Reformation, is the Epocha of our second Reformation. The fruits of which I will tell you, were the Annexation of all bishoprics, abbeys▪ Priories, &c. to the crown; which was effectuated, Ann● 1587. If you will cast your eyes upon the third glorious Reformation, that makes the Popes knees shake like Belshazzars, when he did see the hand-writing on the Wall,( that is, if we will speak truly, this( as I said before) deformation, which is the disgrace of reformed catholic Religion, and which threateneth Church and Religion, King and kingdom with ruin) you will find these men have sung a note above Ela, have ordered and practised more then all that went before them; Hanc movere nolo Camarinam: I hope a better wit, and more elegant and eloquent pen, shall sometime Anatomise this Monster, and so lay it open to the view of the world, that it shall appear to be no true brood of the Reformed catholic Protestant Religion. Secondly, another argument to prove, that this Superlative sovereignty All must preach ●s they direct. in spiritualibus, hath all its most natural Subjects at its devotion and obedience, is this: That what they command to be Preached, must sound alike in all their Synagogues; And whosoever he be that is the Minister of the Kings Family, he must Preach the same: There is no co▪ equal, corrival, or coordinate power, that can do so much as intercedere, make the least sort of crossing, opposing or interposing. Is it not known, that the Kings Minister in Scotland, at the direction of this Conclave, when His council have been to meet frequently for treaty with ambassadors from foreign Kings; upon the Lord's Day, or weekdays Ser●on before the meeting, {αβγδ}, in great freedom of the Spirit, hath told him all the counsel of God from Heaven, with a denunciation of Judgements, if he swerve from it? And if the King had gone to the Church of edinburgh, a beardless boy had told him more sound wisdom from Heaven, how to article and conclude in matters of Highest concernment betwixt him and spain, or him and France, then all the wisest councillors and greatest Nobles in the Land: and this forsooth must be the King and Councell's Rule. Thirdly, do they not challenge to themselves the sole power to They appoint public Fasts. appoint public Fasts, to give the reasons of it, which ordinarily are, That Gods judgements are incumbent and imminent upon Church and kingdom, for the sins of the governor and Governours, and that the Government is amiss? And the consequent or effect of these Fasts, is too too freequently and ordinarily some Commotion, Sedition, Rebellion, or at least, some change of Court, council, or Session. ●cannot here pass by a story as true as strange. While King A strange affront offered to King James. James was in Scotland, two French ambassadors had remained some moneths there with Him: being ready to depart, and take their leave of the King, the King for His own and the French Kings greater Honour, sent on a Saturday for the mayor and Aldermen of edinburgh, commanding them the very next Monday to Feast the French ambassadors: The Ministers of edinburgh, to affront the King, and the King of France too, on Sunday intervening indict a solemn Fast to be kept to morrow, on Monday, the day appoynted the Saturday before by His majesty, for the entertainment of the ambassadors. The Magistrates of edinburgh proudly contemn the Command of the supreme Spiritual Powers, and out of carrall affection, feast the King and the French ambassadors Royally and Nobly on Monday; when the Ministers and the good Christians of edinburgh fast, the King, the ambassadors, and Magistrates of edinburgh feast: o facinus horreadum! But to avert Gods judgement from the Land, the mayor and Aldermen were cited& convented( here was some favour, that the King and ambassadors were not; but I will tell you, it was partiality and corruption; for some of the Ministers were the Kings Pensioners, and this kept the King free) to be censured for their high scandal, in contemning so solemn a Fast. There was much work: but the King, who was the ch●efe and almost sole transgressor, with interposed delays, and much solicitation and prudence, took off the edge of their zeal, and the pu●suit ceased. Fourthly, That this Assembly is sovereign in all spirituals, admits None Preaching Treason, is censurable by any but by them. no coordinate or coequal power, far less a superior, is clear in this; That if any Preacher be charged before King or council for any offence to be punished, if they in any case can clothe it with a spiritual respect, or circumstantiate it so, that it may be qualified for the spiritual High Sanhedrim, the party cited and convented may and ought to appeal to the General Assembly, as to the Judge competent: M. Andrew Melvil, if I be not deceived, was the first spiritual counsellor of Law; that taught this way. It is certain, that what they Preach in Pulpit is not censurable by King, Parliament, nor council, or any Judge or judicatory else: There be two reasons for it; One is, that, Spiritus Prophetarum subjecti Prophetis, the Spirit of the Prophets are subject to the Prophets onely, 1 Cor. 14. The other is, whilst men are there in that infallible Pulpit, they are( as they boast it) ruled by some superior good Spirit, and they dare not blame or condemn them, lest they should offend and sin against the Spirit; and so, although a man Preach downright Treason, if it be in this place, This is the Scotish Doctrine, the root of all S●dition and Rebellion. he is privileged. It is known, and, I hope, ●et remembered, that after King James of blessed memory, anno 1584. made many good laws to ourbe the Insolenc●e of Ministers, did by Statute and Act of Parliament declare His supremacy over ecclesiastical Persons and Causes; condemn all Judicatories in use, which were not by his own authority established;( He meaned the presbyterial) That the Ministers then did importune the King to repeal them: And when that would not do, did they not ●all at last into open railing against him in Pulpit, as an enemy to Christ and his kingdom? They dispersed through the kingdom infamous libels against His Person and royal Honour; they branded ●im as an Apostate from the Truth, and revi●ed Him as an off sp●●ng of the cruel and bloody House of Guise. This for●ed the King to put out a Declaration, anno 1585. in Print, yet extant, to vindicate himself and His Honour from that unchristian and more then disloyal calumnies. At or about the very same ●ime, some ●ugitive Ministers out of Scotland, pretending they were persecuted, did in the Pulpits of London, with their foul mouths, rail against His majesty, the wisest and learnedst of Kings; so that the Scotish ambassador was forced ●o complain to queen Elizabeth of it: Her majesty gave present Orders to the Lord Bishop of London then, to silence all the Scotish Preachers there. Now, that this Sanhedrim is onely com●etent Judge in Spiritualibus, and that one convented be●●re King ●nd council, may decline his and the Councel's authority, al●●ough he hath Preached Treason appeareth clearly: First, if this 〈◇〉 not been an ordinary practise before this time; what needeth the making of that Act of Parliament, anno 1584. declaring i● Treason in all time to come, to decline the Power and Jurisdiction of the King and His council? Secondly, has not James Gibson, Minister at Penca●tland, witnessed for, or against himself rather, in this case in Print; who publicly in his Preachings compared His majesty unto Jeroboam, told Him He should be the last of His Race, reproached Him as a Persecutor; and much more of this zealous stuff: who being convenced before the King& council,& accused of those pious crimes; he with that boldness which becometh his Order, justified all, saying to His majesty; As long as you maintain these cursed Acts of 1584, the tyrannte of Bishops you are a Persecutor: And adds, That as Jeroboam for the leading of the people of Israel from the laws of the house of Judah, and from the true worship of God, was rooted out, he and all his posterity; so should the King( if He continued in that wicked course, maintaining those wicked acts against God) be rooted out, and conclude the Race. Much more to the like purpose was said,& if any look upon the Privie-Councell books of the Kingdom of Scotland, he will find this a truth. He was convented 27 December, anno 1585. This man was an Oracle consulted,& gave his answer in Coppinger, Arthington, and Hack●t's extraordinary motion, which story you know better then I. M. Black Minister of S. Andrew's, was convented too before the King and council about the same time, who appealed from King and council to the presbytery or general assembly; this last had spoken against both King and Queen: There was a great business for the two mens appeals, their Brethren sided so much with them, that the King had too much to do: At last, out of more then warrantable indulgence, His majesty was content to insist no farther against them before His council, but remit their Censure to the general assembly itself: before which it was clearly proved, that in Pulpit they had spoken reproachful& Treasonable speeches; yet could the King, by no power or entreaty, obtain of them to inflict any punishment upon them, because said they, They knew not with what Spirit they were over-ruled. I will shut up this point with one instance more then sufficient, to make the truth of what I say to appear, Before K. james came to the crown of England, it was or linar●e in Scotland to have a general Assembly once a year& oftener prore natà, upon any great exigent. The last which was kept during His Majesties abode there was anno 1602. In the close of which, the next ensuing was appoynted to be at Aberdine, anno 1603 in the interim the King succeeding to Q. Elizabeth,& being in England He was so much taken up with the affairs of the King ●om, that He was necessitated to lay aside those concerned Scotland,& for this reason His majesty thought it fit to adjourn the Assembly( unto which he had a special eye, knowing their turbulent disposition& experienced in it vnilst he ●as present amongst them) to the next Summer, in an. 1604. When the time appointed was come, His Majesties more weighty affairs not suffering him to think upon the Assemblies business, He gave order to Prorogate it to another and longer day; which was accordingly done by public Proclamation, authorised by His Honourable privy council of that kingdom. Notwithstanding all which, some thirteen or fourteen Godly zealous Brethren must needs meet at Aberdeen, at the day appoynted for the Assembly: They established and formalized the judicatory, by constituting a Moderator, a Clerk, and other essential Members of the Court. The Lords of the council understanding this contempt, sent a Gentleman of good quality and place, with an herald at arms, to discharge and dissolve their meeting. The Commissioner and herald were entertained with as much respect, as before they had given reverence to the Proclamation, issued out by the sovereign authority of the King, with the advice of His Honourable Privie-Councell. The Holy Fathers in the great Sanhedrim protested and professed, That in Conscience and duty to almighty God, they were bound to preserve the Churches right, and could not, would not, give The same Spirit now reigns in our anabaptistical English. way to that power the King Sacrilegiously usurped, which properly and natively belonged to the Church virtual, the Assembly. They kept and continued the Assembly some dayes, and finding that no more of the holy Brother-hood came to join with them, they dissolved; and to preserve the holy right of the Church, appoynted the time and place of meeting for the next Assembly. The King hearing this, gave order to His Privie-Councell to city and convent them before them, and to punish this High contempt: The more zealous Champions of the Lord of Hosts appeared, and with an undaunted courage gave in to the Lords of council a Protestation, a Declinator from the Kings council, and appealed to the next general Assembly, as the sole and competent Judge in this Case and Cause. The Kings attorney or Advocate, by Order from the council-table, was ordained to pursue them criminally before the Lord Justice general, and that upon the Act of Parliament mentioned before, Anno 1584; upon which Order, the one half confessed their fault, and easily made their Peace, and obtained pardon. The zealots were convicted of Treason, ad Terrorem& exemplum, more then for any other end or respect; and onely banished the kingdom: Of whom, the most part thereafter, upon confession and submission, were pardonned, came home, lived and enjoyed their own, or at least as good, if not better benefice. Are these things consistent with monarchy, or the obedience is due to sovereignty and its Highest Courts? So absolute and uncontroleable is this High celestial Court, The sovereignty ecclesiastical Tyrannizeth over Conscience, Body, and Estate. that it commandeth Conscience and soul, disposeth of Body and Estate in the point of Religion, that if you conform not in all, neither soul nor body, nor Estate can be in Peace; nay, no toleration can be allowed, where this sovereignty domineereth. And to make this power of the larger extent, it is certain, their Faith and things necessary to Salvation, are of greater latitude then that of the council of Trent. If any doth not, after a little time granted for information, conform and subscribe to their Confession of Faith,( which is more in negatives and destructives, then affirmatives and positives) their ●ule of Government, their manner of Worship, and what else in their opinion is necessary to Salvation,( and in this I am sure they are more rigorous then ever God or catholic Church was, for if you dissent but from them in a Theological Tenet, it is heresy) you are forthwith excommunicated, and given over to the devil: After which, upon the remonstrance of a Commissioner from the presbytery to the Civill Judge, there is a Warrant from supreme authority given out, to command you to conform( this is different from the Writ De excommunicato capiendo) or then within few dayes to be put to the horn( that is, Out-lawed.) Upon disobedience, the tender Conscience not comforming, the Out-lawed's Estate movable( chattels we call it) become proper to the King. God knoweth, little of this benefit cometh to the King's Thesaurer, but a Donater to the escheit, which ordinarily is the Convicted's mortal enemy, and for a little composition hath the right made over, and hath the benefit of the escheit. If within a year and day he give not obedience and conformity, his whole Revenues and Rents of immovable Goods forfeit to the King during his life time: Some enemy of his, or Favourite of the Thesaurer's, obtaineth the King's Right, and the King hath little or nothing of it. Here you have him stripped of all his Estate movable, immovable. Yet here is not an end; but still upon Remonstrance of the Prebyteries or Churches Commissioner, another Writ goeth out, which they call Letters of Caption( that is, if I mistake nor, the taunt' amount of the Writ de Excommunicato capiendo) which is directed to all Sheriffs, Stuards, Provosts, bailiffs, &c. to seize and secure secure his Person wheresoever it may be apprehended, and to commit him to close Prison as a rebel. If he skulk and hid himself, then upon the same Remonstrance goeth out a Writ, which there they call Letters of Intercommuning( I know nothing in the Law like this) the intent is, that none of the Kings Subjects commune or confer with him coram or personally, or by Letter or interposed Person keep intelligence or correspondence with him; otherwise, the intercommuner is to be judged& reputed to be a rebel of the same guiltiness. You will be pleased to remember this, when the Church requireth all these of the Civill Magistrate( so they are pleased to term sovereignty) he is bound to grant them. Now, I pray consider, if this is not in many respects worse then the Inquisition; when an opinion in a theological Tenet, different from the assured faith of those Gamaliels, may bring a man unto all those troubles. Onely to make amends for this, and to palliate their cruelty, they would fain persuade us, that this authoritative way preserveth a Church from heresy, Error, Superstition and schism. There is another practise of the power of this Court; That for This Court is Judge of Treason in relation to Religion, and of fit and worthy Councellors for a King. the glory of God, forsooth, the honour of the King, the good and preservation of Church and Religion, it may assume to itself to be Judge of what is Treason, what is not; who are fit councillors for a King, who not. practise is the most sure infallible and clear proof and demonstration of power. I will give you one in the case of Treason, that none dare to say it is a lie, and which can be made good by the authentic and public Records of Parliament and council of Scotland, and their own Noble Acts of general assembly. When King James, about the age of Josias,( when in holy Writ it is recorded of Him, that He began to seek the Lord with all His heart) had taken the Government of the kingdom in His own hand; and did reign and Rule with such prudence incomparable▪ admirable, that none could justly except against Him or His Government: yet such was the restless ambition of some, who could not with patience endure the trust of others, especially of that Noble worthy Esme Duke of Lenox, His Majesties rearest Kinsman and highest Favourite, and that justly for His most eminent Noble endowments. These discontented Gentlemen put on a resolution to get the King into their hands and power, and to thrust out that Noble Prince. They watched an opportunity, when the King came to His sport of hunting near to Saint-Johnstowne, with an ordinary attendance,( the Noble peer staying with others at edinburgh, for the King and kingdoms better service) surprised him fearing no ill, seized his person, carried him along to the Castle of Ruthin, kept him so that none could have access to him, till he was forced to command the Duke of Lenox to depart the kingdom,( which our of zeal and love to the King he did in Winter embarking at Dunbritaine, came to France and dyed shortly after) and to change all his servants they disliked, and to surround him with themselves and their own. They kept their King in captivity the space of nine moneths, suffering none to come at Him, but such as they pleased. The Wise King put a good face upon a soul business, seemed to like well of them and their courses. nevertheless, the best and most knowing of Subjects grumbled exceedingly to see their Prince so abused. The Conspirators understanding it, did advice upon the best course to satisfy the people, and to bring them to approve their way: They wrought with the chief Rulers of the Synagogue, and prevailed. At the next general assembly, they give in a Remonstrance to them then sitting in edinburgh, declaring the extraordinary reasons that moved them to secure His Majesties Person in the Castle of Ruthin: their zeal to the Reformed Religion, which was in imminent and apparent danger by the practices of the Duke, who was sent from France to Scotland, of purpose to corrupt the young King: their care to secure the King's royal Person, whom the Duke intended to convey privately to France: their desire to free the Subjects from the bloody tyranny and oppression both of their lives and goods, by the malicious disposition and insatiable avarice of those who were about him, and over-ruled him; and a great many more specious pretences,( which are not much different from these of this time;) upon this Narrative, the humble Petition to this Superlative sovereignty, was, That the holy Brotherhood would be pleased to give an approbation to this their heroic and Christian Fact,& whatsoever was their judgement, they would obey it with this proviso, That it should be made known to all good Christians within the realm. The demand was pious and just, the holy assembly secured from erring and error, and not encroaching upon any thing merely civill, but in a case of so high concernment in ordine ad spiritualta, as competent Judges do take the case into their consideration, after mature deliberation, being assisted with a fancied infallible direction, give out their verdict, authorize and approve all in substance or circumstance to be holily and justly with much zeal and discretion done. In all this, they exceeded not their power, and that because what was done, was for the advancement of God's glory, the honour and personal safety of the King. and public good of the kingdom: That all good people may rest content, and be fully satisfied; it was farther ordained, That all Ministers shall, upon their return to their Parishes, inimate so much to all their flocks; and withall, exhort all people to esteem the Actors as good Christians and Patriots, that for the causes above-mentioned were necessitated to take this course, to preserve Religion, to rectify the errors of the Court, which were brought and wrought to that height, that both Religion and policy were in the greatest imaginable danger. The Ordinance was accordingly performed, to no small grief of honest Subjects and Christians. Sir, if there were no more instances, what do you think of this? It is worth your notice taking, that this Noble Duke dying in France, who, before his coming to Scotland, had been bread in popery, became a Protestant when he came thither, and was King james His Convert. While he was a dying, Romish priests were most earnest for access, to reconcile him to that Church; but he adhering to Truth, and protesting withall his promise to his Cousin King James, would admit none, and dyed in the Communion of the Protestant Resormed Church. This high Court, the general assembly, in ordine ad spiritualia, The sovereignty of the Assembly is above all laws, and may repeal them. challengeth and practiseth a sovereign power above all Civill laws and Statutes, and Acts of Parliament; And that with that power, that of itself it may repeal and condemn standing laws, and Acts of Parliament, which are in practise, and observed within the kingdom. To give you a recent example and instance of this; Since this assembly, of late in this distemper, hath recovered it's place and power, the general Assemblies of Glasgow and edinburgh have damned Bishops, as Antichristian, and against their Reformation. I wave this. More, they have secluded Bishops or any Churchman from having any voice in Parliament, Conventions, or council. Thus by their own most proper ecclesiastical anthoritie, they have made void many Acts of Parliament there, which before were in force and practise: As that in anno 1584, declaring it Treason to call in question the power and authority of any of the three Estates( that is, Bishops, Lords, and Commons) or any one of them. This Act was made onely to preserve the privileges of the ecclesiastical estate inviolable: This is evident by the King's Declaration put forth the year following, 1585. again, they have made void another Act of Parliament, in anno 1597. Ordaining Ministers, that should be provided by His majesty to Prelacies, to have Vote in Parliament, as being the thira Estate. Another, in anno 1606. The same Assemblies did declare the Acts of the Assemblies of Glasgow, Perth, &c. null, void, and unlawful; which notwithflanding were enacted as municipal laws, obedience commanded, and practised in the greatest part of the kingdom. How much King James His happy memory is blasted, by these supercilious new Orders of those Assemblies, my Pen blusheth to express. The same Assemblies have condemned the High-Commission Court, declared by Act of Parliament. And this is done upon this ground, which proveth their sovereignty in spiritualibus, because it was not consented to by the Church: that is, the virtual Church, the general Assemblic. When I consider these things, I cannot sufficiently wonder, how the High Court of Parliament of England hath swallowed and sworn their Covenant, which in it's right sense doth establish a An ecclesiastical Court. Court above King and Parliament. Judge now, if this Oath be in judicio, veritate& justitiâ. If King and Parliament be subordinate to this Court in spiritualibus, All Judicatories are subordinate to this Sanhedrim. or in temporalibus in ordine ad Ecclessastica; all the reason in the World will pled, That it is most just, that all Judicatories whatsoever, even the supremest, from whom lieth no appeal, submit and subject themselves to it. The holy Fathers of this Court have shown their Right in this point too. To confirm this, I will bring but one instance, and spare to trouble you with more. This story can be made good by Records, which I am to tell you: And first, give me leave to inform you, That the Lords of Session.( who by Act of Parliament are so) are in all Civill causes the supreme judicatory of the kingdom under the King. No Judgement passed there, can be rectified or reduced by any judicatory under the King and Parliament, but by themselves, which is onely by suspension of Execution of that is judged and decreed, or by action of Reduction: This is nothing but provocatio à Philippo malè edocto ad Philippum recliùs edoctum, This thus premised, I come home. M. John Craham, one of the Judges of that Associate Body, had commenced an ordinary and proper svit before the Lords of Session, obtained Decree and Judgement according to his libel. After which, a rumour was noised abroad, that the Writs and Evidences, upon which his svit, and the judgement upon it were founded, were forged and false. The general Assembly took notice of this injust Decree, as they to whom the inspection of Religion and Justice belongeth, and who were bound not to suffer such an unjust judgement to take place and be executed. They sand for M. John Graham, commanding him by their authority to pass from his Decree, to make no use of it against the party against whom it was obtained, and that because it was purchased upon false grounds, and it gave occasion of great scandal, That he being a Judge, should make use of such Writs. His answer was, If any would challenge his Decree or Iudgement upon any just ground, he might have his recourse to the ordinary judge, and take it away by way of rednction; but so long as it was not reduced, it concerned him to take the benefit of it. Then seeing that they could not prevail by admonition, they threatened him with Excommunication, if he did not what they enjoined. He appleales from them to the Lords of Session, as the onely Competent Judges in such cases: notwithstanding, they resolve to proceed against him. The Lords of Session finding themselves interested, and the Assembly usurping upon them and their power, in this proceeding against one of their own number, who had appealed to them in a civil cause already judged by them, directed some of their number to the Assembly,& desired them not to meddle any more in that business. as being merely civil,& no ways belonging to their jurisdiction. This produced no other effect, but incensed the holy Fathers to rail against the Judges as wicked and corrupt men, who sided one with another, whether it were right or wrong. The business at last came to this height, that the Lords of Session( who would not suffer them to encroach upon their privileges) by virtue of that delegate power and authority they were invested with from the King, threatened to out-law them, and to proclaim them Rebels to the King, if they proceeded any further, and would not admit of the appeal. The Assembly finding themselves too weak, and not able to make their part good by Power,( in which case onely they will be Martyrs) fell from the pursuit, and all was quieted. Now I beseech all men seriously to consider, in what condition are they that live under such a Government that is boundless and universal; will give laws to King, council, and Parliament; repeal theirs at pleasure; reduce and make void Decrees and Judgement of Highest Judicatories, &c. What Peace or Tranquillitie can there be in such a State or kingdom? Give me leave to tell you a true story. It is known and lamented by all good men this day, how King james His soul was vexed with them, that many times they have made Him fall out in tears. A Noble man, a most wise man, then Chancellor, seeing the King extremely troubled at the mis-carriage of the ministery, said to Him: Sir, no man is to be blamed, that you are so much troubled with the Ministers, as yourself; for when they do any thing amiss, you never cease till by your royal Prudence and authority you set it aright again: but would you leave them to themselves, the very Body of the People would rise up against them, and ston them out of the kingdom. His majesty returned a most pious Answer, worthy to be written in Letters of Gold in Marble, that all Kings may learn it: My Lord, saith he, your Advice is shrewd policy, but your counsel is not good piety; If I had no more to do, but to serve myself of them for a politic end, your Advice is good, and I know it would prove so: But God hath appomted me a Nurse or Father of his Church; it is my charge from my Lord and Mafter, to preserve his Church, and not to ruinated it: which if I do, God will ruinated me and my posterity. King james in the Conference at Hampton-Court hath well observed, That this ecclesiastical Government prepareth way, and ushereth in a democratical Government: and he telleth also, That in His Mother queen Maries absence, and in His own minority and Non-age, it was much thought upon and intended. Their maxims of divinity led to it; for they say, Respublica est in Ecclesiâ: The Church and her policy are the House, the Civill Government is but the Hangings, which necessary, for decency and good order, must be made conformable to the House: monarchy is enmity against the Church. Catherwood, in his Book entitled altar Damascenum, gives you it in down-right terms, Naturâ insitum est omnibus Regibus in Christum odium; and in his Preface or Epistle( I have not the Book by me) he calls K. James, Infensissimum& inf●st●ssimum purioris Religionis hostem. And that they may now exercise all their Power, and bring the kingdom to a Popular State, which was not so seisable before, it is more then probable, and much to be feared, and with great prudence to be prevented; because the general Assembly hath in it now the prime Noble men of the kingdom, Dukes, Marquesses, earls, Lords; the most active and knowing Knights of Counties, and Esquires; the wisest Citizens and Corporations; and this, in the capacity of Ruling-Elders: who discontented, are able here to make a Faction, call King, Session, council, or whom they please, before them, because of their supreme, universal, and independent Jurisdiction. And this judicatory cannot err in its determinations, This they wickedly affirm. for it is undoubtedly secured from error, and assisted with infallibility. This Divine policy hath another sacred Trick, to preserve its A holy Trick, which hat●heth all Scdition and Treason. sovereignty, and to continue it, which is this: The general Assembly ord●narily meets but once a year, yet at the end and close of every general Assembly, there is a choice made of some Commissioners,( a Committee) who are to reside, or at least upon any necessary occasion to be at edinburgh. These are the virtual Assembly, and their Power continueth till the next general Assembly. They are in the first place, to intimate to the King the desire and demands of the Assembly, and to see all due civill Sanction and confirmation given to it: the King, His council, His Parliament can change nothing of their sacred Decrees, without their consent. whatever new occurrence is in Church or State pro re natâ, these Commissioners are to give order and to see, ne quid detrimenti Ecclesia capiat. It is true, their Orders bind onely in the interim betwixt the two assemblies, and the next plenary general Assembly may derogare, abrogare, obrogare, &c. yet give me leave to tell you truth; these great Delegates, with their Power, have so much influence upon the next general Assembly, that their {αβγδ} precognitions and predeterminations are formally and Legally enacted. Nor is this to be wondered at; for the Achitophels and Joabs of Church and kingdom, the best head-peeces of greatest depth, Preaching and Ruling-Elders, are in this Junto. Here are all disturbing Seditions, and treasonable courses hatched and conceived; whether it be Treason against the King, Sedition in State or kingdom, the change of Court, the removing of Courtiers from the King, the surrounding of Him with others, &c. The next Assembly owns all their courses, Decrees them under pretence of piety, Reformation of abuses, removing of Malignants from the King and His counsel, from being Judges in the supremest Judicatories of the kingdom, &c. By this means at pleasure, when and where they will, they procure Parliaments to work for their own and private ends. To facilitate the work, Order is given to all Presbyteries, to command all the Ministers to Preach to their Flocks, to make and keep Fasts, for the danger the Church is in; that the King is inclinable, nay, inclining to popery; This trick was practised here of late in England. that there are none in trust or power by Him, in Court, council, Exchequer or Session, but such as are Popish or Popishly affencted: and such they must be, if they once determine it. And woeful experience hath confirmed it, that worthy, Innocent and deserving men have suffered, and the King hath been forced to abandon His best Servants. This close Committee hath all these prerogatives: First, During the interim betwixt two Assemblies, they had trust to see, that all the Orders and Decrees of the Grand consistory should be put in Execution. Next, upon any exigent intervening, they have the power, by their influence upon all the Presbyteries in the kingdom, to make them go which way they thought fit for their own ends, both to make the Ministers Preach their sense, and to work with all the people to believe, the posture of affairs in Church and State, were as they informed and represented them. Thirdly, here were all things prepared for the next great meeting of the general Assembly. By these means, things projected were effected. This way, the Queen Regent was put from Her regency: This way Q. Mary was expulsed Scotland: This way, King James His captivity at Ruth●n was found to be good Service: This way, that Noble Duke of Lenox Esme was made a Papist, and the King forced to abandon him, and he to depart the kingdom in Winter being sick, and shortly after dyed in France. By this means, if I be not deceived, was that infamous day the 17 of December, anno 1596. atro signanda lapillo, renowned for a most horrid insurrection in edinburgh against K. James and His Prime counsellors. I shall give you a short and true account of it. King James, whilst He was King of Scotland, by all foreign The story of 17 December, 1596. Kings, Princes and States, was admired for His extraordinary royal endowments: ambassadors from many beyond Seas at the same time, and almost constantly were with him. The smallness of the patrimony of that crown, was not able to maintain that royal deportment He kept. Besides, being too too Royally liberal and magnificent, His Coffers were empty, and at this time scarce was His majesty able to maintain the necessary charge of His House, in that measure which was suitable to so royal a King. To rectify this, the King, with the advice of His council, entrusted with all His Rents, Revenues and Casualties, Eight prime men of good worth and integrity, Officers of State, counsellors and Judges. This was done, that all might be rightly regulated; and before all things, His Tables at Court kept like a Kings, that foreign ambassadors might not espy any want, which might derogate from the Honour of King and kingdom. The ordinary Tables of the Court were regulated; the Courtiers daily allowance was re-trenched; which they could not away with: They, and other discontented persons, did reproachfully call these men, The Octavians. They, who grumble at this,& would right themselves, to gain their intendment, hit upon the ordinary and safest way; that was, to begin with the Church. They inform, That the foreign ambassadors did work upon the King to turn Papist: That it was like they would prevail, for these Octavians were all such in their hearts, and dissembled onely, in professing to keep a communion with the Protestant Church; That if those were not removed from the King, and good men put about him, Religion, kingdom, and all were undone. When this had been often informed and suggested, early in the morning, on the 17 day of December, three of the Kings domestic Servants came to M. Walter Balcanqual's house; The ministery of edinburgh, and others Commissioners of the general assembly, with some of the best Christians of edinburgh are sent for; they meet there. The Kings Servants inform, That all was undone, if they did not in time and speedily prevent; for the marquis of huntley,( this was the late marquis who came occasionally the night before to Court, and it is true he was Popish, but God knows he was free of what he was charged with) say they, was with the King till twelve a clock at night in his Bed-Chamber yester-night; it is resolved upon, to reerect popery, and so many of your best Citizens and Christians are to be seized upon; some to be sent to blackness, some to Innernes, some to Dunbrittion, &c. The case was apprehended in that zeal which became the Cause. The resolution taken, was, That M. Walter Balcanqual, being to Preach that very day in the chancel of Saint Giles Church, which they call the little Church; after Sermon and Prayer done, he should desire all good Brethren and Christians to meet immediately forthwith there, for the good of Church and Religion: Noblemen, Gentlemen, Preachers, Burgesses, all who affencted the good Cause, did meet. M. Robert Bruce was appoynted by common consent, Moderator. It is laid open in what case Church and Religion, State and kingdom are: the urgent instant necessity is made to appear. The result of the determination was, That presently they go to arms, and by holy force to pull from the King's side those Popish Octavians: That a Letter be written to John, Lord marquis of Hamilton, to come to edinburgh, to be captain of the Congregation; and in regard the King had made defection from the true Religion, He being the nearest of the blood, should come and take the Government upon him. I know the just copy of this Letter is extant to this day. They run to Arms; the Word is, The Sword of the Lord, and Gideon. The good King was in the place of Justice, the prime of the Octa●ians with him; hearing something of the uproar and tumult by a secret passage, he and some other go up to the Exchequer-house over-head. A great Lord was Head of the Congregation, he& some others, who came Commissioners to the King, were admitted, demanded those Octavians to Justice. The King asks this Lord, How durst he, against His authority, His laws, His Proclamation, keep unlawful meetings at edinburgh?( for the K. before had discharged the meeting of those Commissioners of Assembly, or any other meeting whatsoever, without His royal warrant.) The Lord, with courage in zeal to a good Cause, told the King, That He should see ere long they durst to do more. The Lord, or some other, taketh hold of one of the Octavians gown, who was President of the Session; but he pulleth his gown out of his hand, and conveyeth himself down to the house where the Lords did sit in judgement▪ In fine, the King and Lords were forced to shun the danger of this tumultuary insurrection, to close up the doors, and some to stand with their Swords drawn, if any should offer violence to break up the doors. Some good Subjects, especially Alexander Home of Northborvick, for the time Provost of edinburgh, and Roger Mackmath( whom King James ordinarily called His bailiff) with others well disposed and Loyally affencted Subjects, and namely, the Hammer-men, rise up in arms for the King; who, partly by smooth words, and partly by threats, hushed and housed the Factious and Seditious. The King came out of the place of judicatory, and on foot, attended with many Nobles, Gentlemen, and other good Subjects, came to His Palace at Halyrude-house in Peace: where, immediately in the afternoon, he convened His Privie-Councell, and by His wisdom and authority so repressed and punished that insolenc●e, that all the time of His reign the like Barbarous treacherous course was never attempted. I hope you are the more apt to believe this, when you remember what a Petition or Declaration was presented to Q Elizabeth at Greenwich, anno 1582. to remove from Her Service and Trust such as they know were not well-affected to the Religion and Church. I could make it appear how all Seditions almost and Rebellions in that kingdom, have been set a foot or somented by this Presbyterian Government( which hath no warrant from the Word of God:) How neighbourly Feuds have been increased and entertained: How Moneys Collected for the relief and support of Geneva, were by the chief G●maliels& Presbyters interverted, employed to raise and pay Souldiers, to aid and assist the earl of Bothvel and his Complices in Rebellion against the King. I fear I have wearied my Reader already, the Subject is everlasting, and I am weary of it. If I should give account of the late practices and Tenets of this late Covenant, it were possible to let you see that it hath far exceeded all the mischief ever their fore-fathers did, although they tread in the same foot-steps. The reason why I have spared it, is not I feared it; I hope to discover it sometime to the World, by anatomising it fully. I hope, all knowing Christians and loyal Subjects have espied the ungodly passages in it, and are sufficiently confirmed, that nothing can be more destructive of Monarchy, and the Peace of any Government. To shut up all, give me leave in the close, to give the Articles of their apostatical Creed inconsistent with Monarchy, which they hold as the twelve Articles of the apostolical symbol. I will touch onely the prime of those; for, for their other Articles, they are so many, and of so vast an extent, abounding in Negatives, that as King James saith well, He that would keep them, is not able to keep them in his brain, but must keep them in a Table-Booke. The Articles of the Dogmaticall Presbyterian Faith inconsistent with monarchy. I. AS I have said before; They Preach and maintain, That the Their Dogmaticall Creed. Church is the house of God, the civill policy and Government are onely the hangings. II. Next, they believe, all Ministers are pari consortio honoris& potestatis praediti, that there must be a parity in the Church: join these two together, and you have a faire way for democracy. III. They vindicate to themselves and their consistory a sovereign, complete, universal, independent power in all things spiritual that concern Salvation, they have not only the directive power, but the Legislative also; and all temporal things, in order to Salvation and Religion, come within the verge of their sceptre. All sovereign Power( wheresoever you fix it) whether in one, as in a monarchy; or in few, as in an aristocracy; or in many, or all, by vicissitudinarie turns have onely the Executive power to do as they command; and is bound to preserve by it's Power, laws and arms, their sacred and celestial privileges and sovereignty. IV. Whatsoever Laws, civilly enacted by King or Parliament, they conceive to be against the laws of the kingdom of Christ; by their native proper intrinsical right, immediately derived from Christ, they may repeal and make void,& discharge the Subject to obey them. They may Decree, not onely different laws of their own, from the standing laws of the Kingdom, but contrary, contradictory and destructive of them. And have withall so much coactive power, that if obedience be denied to the laws of this Soveraignti, they can destroy the souls of the Subjects, by delivering them over to Satan. V. No Minister, Preaching in Pulpit Sedition or Treason, or railing at King, council, the prime Judges, is accountable, or punishable by King, Parliament, council, or any judicatory whatsoever: But from all, he may appeal to the Sanhedrim and consistory, as the sole and proper competent Judge. VI. What Corroboration or civill Confirmation, or Sanction they demand of the King, which he is able to do civilly( for they will give him no formal interest in any sacred or religious thing) He is bound to grant it, and to obey them as Christ's immediate Vice-gerents: otherwise, they may Excommunicate Him. VII. Reformation and preservation of Religion, especially to prescribe the way and Orders for Reformation, is solely theirs. VIII. The King is bound to put their Orders in Execution; but if neither He, nor His council, nor His Parliament will do it, the inferior Judges, the Nobles, the Commons, nay, every individual man to his utmost power, at their direction, are bound to do it. IX. That they may, without Warrant of supreme authority, Assemble where and when they will, for God and Christ's Cause, and for the liberty and Peace of Subject and kingdom, in ordine ad spiritualia; and there they may Covenant together swear, and subscribe, for the glory of God, the advancement of Religion, and conspire, and combine in a mutual defence one of another, in this holy Cause and League. X. They teach and maintain, That all sovereignty and majesty This Position is contrary to the Word, By me Kings reign▪ Prov. 8. 15. So their power is from God, Rom. 13. 1. in a King is originally, immediately and properly derived from the community, and that onely by way of a fiduciarie trust; so that it is habitually and radically still in the People, and the King hath no greater portion or proportion then He hath by the first popular Fundamentali Constitution: And in case of deficiency, the collective Body may supply in Church or State the defects of His Government. For want of good administration, the King is censurable; For enormous errors He is deposable, and they may dis-inherte His posterity. XI. That a defensive war is lawful against a bad King, or a weak King seduced by Malignant council. XII. They may oppose and resist all His Officers and Commissioners by force and violence, if they come to Execute His illegal Commands. And if He will be so obstinate, that He will come in Arms against these As good as Rebells and Traytors. good Christians, they resist not His Authority, but His Will: not his Office, but His Person. Besides their practise, upon these grounds, is to bring all Cases, all Causes under their Cognition and Judgement, sub formalitate scandali; by which the King is robbed of His Sacred Prerogative, the Judges of their authority, and all Subjects of their Right and quiet. The rest of their Extravagant maxims, most repugnant to Monarchy, and the Peace of Government are reducible to those Heads which are full of poison, and contain in them the spawn of Treason and Rebellion. God preserve all good men from swallowing this poison, and save his Church from this Presbyterian-Scourge; which Government is so inconsistent with Monarchy, that it is not onely destructive of the regal, but of all Governments whatsoever. If once it should be established here,( which the God of might and mercy forbid) Then I would sand a Farewell to Religion, to Peace, and the Subjects liberty, which cannot stand with the Factious discords of a Tyrannicall independent presbytery. Da pacem Domine in diebus nostris. POST-SCRIPT. WHereas the Proctors and Factors for a presbyterial Government, guile and delude the people with loud clamours and assertions, That their model is agreeable to the most and best Reformed Churches; It is evident, by the most approved Cosmographers, and others, who follow Truth, not Parties, That the mayor part of the Reformed Churches in christendom do still retain Bishops, to bridle the insolences of their Infetiour Presbyters, and to direct them in the discharge of their several Functions: Who, without the guidance and command of Wise and Grave Over-seers, would fall( as they do now) into foul and horrid schisms, which would grow into heresies and such gross Opinions, as now begin to spread in London, and other Adjacent Countries. The Reformed Churches that still retain Bishops, are, besides the eastern and western Churches, 1. All in the duchies of saxony, brunswick, and Lunenburg. 2. All in the duchies of Megaloburg, and Wirtemburg. 3. All of the Churches within the Countries of the Marquesites of Bradenburg, and Bade. 4. The Churches in the earldoms of H●meberg, Lemings, Mansfield, Stalbergh, Rhenisterne, Swartzenberg, Hannawe, Oetingh, Glich, and Leonstine. 5. All in the Baronies of Leniferg, Schenburg, and Wildenfield. Whereunto may be added, all the Churches in at least thirty free Cities more; many of whose Territories are as ample as Geneva, none of these have received the Presbyterian Discipline. To all these▪ we might likewise add the remander of the Waldenses, and Albigenses, in piedmont and the parts adjoining; or of the Taborites in Bohemia: All which, with the fore-named, together, with the Lutheran Churches in Poland, denmark, and Swethland, are a sufficient evidence, to evince this truth against the Smectymnians; that they, who having taken the late Covenant( a great snare to tender Consciences) think themselves obliged to destroy Episcopacy, endeavour a Reformation, neither agreeable to the Word of God, nor according to the example of the best Reformed Churches: I do appeal to Calvin himself,& Beza, to be Judges in this case; You may read at large the Opinion of the former, in his book de necessitate Reformandae Ecclesiae; and of the latter, in his book de Grad. Minister. Evangel. C. 18. Sect. 3. In both which, the Presbyterians may clearly see, that their Champions, on whom they so much rely for their authority, were no enemies to Moderated episcopacy, but onely to the Romish hierarchy. I pray God open the peoples hearts, and so enlighten their understandings, that they may see their errors, and abhor their Seducers. FINIS.