IF the Disciplinarians in Scotland could rest contented to dote 1 upon their own inventions, and magnifie at home that Dia­na which themselves have canonized, I should leave them to the best School-Mistris, that is Experience, to feel where their shoe wrings them, and to purchase Repentance. What have I to do with the regulation of forreign Churches to burn mine own fingers with snuffing other mens Candles? Let them stand or fall to their own Master: It is charity to judge well of others, and piety to look well to our selves.

But to see those very men who plead to vehemently against all kinds of tyranny, attempt to obtrude their own dreames not only upon their fellow-Subjects, but upon their Sovereigne himself, contrary to the dictates of his own conscience, contrary to all Laws of God and Man, yea to compell forreigne Churches to dance af­ [...]er their pipe, to worship that counterfeit image which they seign to have fallen down from Iupiter, and by force of armes to turne their neighbours out of a possession of above 1400 years, to make roome for their Trojan horse of Ecclesiasticall Discipline, (A pra­ctice never justified in the world but either by the Turk or by the [...]ope). This put us upon the defensive part, They must not think [Page 2] that other men are so cowed or grown so tame, as to stand still blowing of their noses, whilst they bridle them and ride them at their pleasure. It is time to let the world see that this Discipline which they so much adore, is the very quintessence of refined Pope­ry, or a greater Tyranny than ever Rome brought forth, inconsistent with all forms of civil Governement, destructive to all sorts of Po­licy, a ra [...]k to the conscience, the heaviest pressure that can fall upon a people, and so much more dangerous, because by the spe­cious pretence of Divine Institution, it takes away the sight, but not the burden of slavery. Have patience Reader, and I shall dis­cover unto thee more pride and arrogancy through the holes of a thred-bare coat, then was ever found under a Cardinals Cap or a tripple-Crown. All this▪ I undertake to demonstrate, not by some extraordinary practices justified only by the pretence of in­vincible necessity, (a weak patrociny for generall Doctrine,) not by the single opinions of some Capricious fellows, but by their books of Discipline, by the acts of their generall and provinciall As­semblies, but the concurrent votes and writings of their Com­missioners.

I foresee that they will suggest that through their sides I seek to wound forreigne Churches. No, there is nothing which I shall convict them of here, but I hope will be disavowed, though not by all Protestant auctours, yet by all the Protestant Churches in the world. But I must take leave to demand of our Disciplinari­ans, Syn. Gen. 1647. Declar. Parl. 1648. &c. who it is they brand with the odious name of Erastians, in the Acts of their Parliaments and Assemblies, and in the Writings of their Commissioners, and reckon them with Papists, Anabaptists, and Independents; Is it those Churches, who disarme their Pres­byteries of the Sword of Excommunication, which they are not a­ble to weeld? so did Erastus; or is it those who attribute a much greater power to the Christian Magistrate, in the managery of Ec­clesiasticall affairs than themselves? So did Erastus, and so do all Protestant Churches. The Disciplinarians will sooner endure a Bishop or a Superintendent to govern them, than the Civill Magi­strate. And when the Magistrate shall be rightly informed, what a dangerous edg'd tool their Discipline is, he will ten times sooner admit of a moderate Episcopacy, then fall into the hands of such hucksters.

If it were not for this Disciplinarian humour, which will admit [Page 3] so latitude in Religion, but makes each nicity a fundamental, and every private opinion an Article of faith, which prefers particu­lar errours before generall truths. I doubt not but all reformed Churches might easily be reconciled. Before these unhappy trou­bles in England, all Protestants both Lutherans and Calvinists did give unto the English Church the right hand of fellowship; the Disciplinarians themselves, though they preferred their own Church as more pure, (else they were hard-hearted) yet they did not, they durst not condemne the Church of England, either as defective in any necessary point of Christian Piety, or redundant in any thing that might virtually or by consequence overthrow the foundation.

Witnesse that Letter which their Generall Assembly of Super­intendents, Assemb Gen. Anno. 1556. Pastors and Elders, sent by M ^r Iohn Knox to the Eng­lish Bishops, wherein they stile them Reverend Pastors, fellow-Preachers, and joynt opposers of the Roman Antichrist. They themselves were then far from a party, or from making the calling of Bishops to be Antichristian.

But to leave these velitations and come home to the point. I will shew first how this Discipline entrencheth most extreamly up­on the right of the civill Magistrate, secondly that it is as grievous and intollerable to the Subject.

ALl Princes and States invested with Sovereignty of power, do justly challenge to themselves the right of Convocating Nationall Synods of their own Subjects, and ratifying their consti­tution.

And although pious Princes may tollerate or priviledge the Church to convene within their territories annually or triennially, for the exercise of Discipline, and execution of constitutions alrea­dy confirmed, (neverthelesse we see how wary the Synod of Dort was in this particular, Can. 50.) yet he is a Magistrate of straw, that will permit the Church to convene within his territories, whensoever, [Page 4] wheresoever they list, to convocate before them whomsoever they please, all the Nobles, all the Subjects of the Kingdome, to change the whole Ecclesiasticall pollicy of a Commonwealth, to alter the▪ Doctrine and Religion established, to take away the legall Rights and Priviledges of the Subjects, to erect new Tribunals and Courts of Justice, to which Sovereigns themselves must submit, and all this of their own heads, by virtue of a pretended power given them from Heaven, contrary to known Laws and lawfull Customs, the Supreame Magistrate dissenting and disclaiming. Ench. cand. S. min. ex decreto fal. The Edit. Gron. 1645. pag. 161. Synods ought to be called by the Supreame Magistrate if he be a Christian, &c. And either by himself, or by such as he shall please to choose for that purpose, he ought to preside over them. This power the Emperours of old did challenge over Generall Councels, Christian Monarchs in the blindnesse of Popery over Nationall Synods, the Kings of England over their great Councels of old, and their Con­vocation of later times, The Estates of the united Provinces in the Synod of Dort, this power neither Roman Catholick or Protestant in France dare deny to his King. None have been more punctu­all in this case then the State of Geneva, where it is expresly provi­ded, Les ordium Eccles. prin­ted at Geneva 1562. pag. 66. that no Synod or Presbytery shall alter the Ecclesiasticall pol­licy, or adde any thing to it, without the consent of the civil Ma­gistrate. Their Elders do not challenge an uncontrolable power as the Commissioners of Christ, [...]ag. 20. but are still called the Commissioners of the Signiory. Pagin. 20. The lesser Councel names them with the advise of the Ministery, (their consent is not necessary) The great Coun­cel of 200. doth approve them or reject them. At the end of the year they are presented to the Signiory, who continue them or dis­charge them as they see cause. At their admission they take an Oath, to keep the Eccesiasticall Ordinances of the civil Magi­strate. Pag. 9. The finall determination of doctrinall differences in Reli­gion, (after conference of, and with the Ecclesiasticks,) is referred to the Magistrate. Pag. 11. The Proclamations published with the sound of Trumpet registered in the same Book, do plainly shew, that the ordering of all Ecclesiasticall affairs, is assumed by the Sig­niory.

But in Scotland all things are quite contrary, the civil Magi­strate hath no more to do with the placing or displacing of Eccle­siasticall Elders, than he hath in the Electoral Colledge, about the Election of an Emperour. The King hath no more legislative [Page 5] Power in Ecclesiasticall causes, than a Cobler, that is a single Vote in case he be chosen an Elder, otherwise none at all. In Scotland Ecclesiasticall persons make repeal, alter their Sanctions every day, without consent of King or Councel. King Iames proclaimed a Parliament to be held at Edenburgh, and a little before by his Let­ter required the Assembly to abstain from making any Innovations in the Policy of the Church, Octob. 10. 1597. and from prejudging the decisions of the States by their conclusions, and to suffer all th [...]ngs to conti­ [...]ue in the condition they were untill the approaching Parliament. What did they hereupon? They neglected the Kings Letter, by their own Authority they determined all things positively, questi­oned the Arch-Bishop of S ^t Andrews upon their own Canons, For collating to benefices, and Voting in Parliament, according to the [...]ndoubted Laws of the Land. Yea to that degree of sawcinesse they arrived, and into that contempt they reduced Sovereigne Power, Assemb. Ab­herd. 1600. that twenty Presbyters (no more at the highest, some­times but thirteen, sometimes but seven or eight) dared to hold and maintaine a General Assembly, (as they miscalled it,) after it was discharged by the King, against his Authority, an Insolence which never any Parliament durst yet attempt.

By their own Authority, 1. Book disc. 1. head. long before there was any Statute made to that purpose; they abolished all the Festivals of the Church, even those which were observed in memory of the Birth, Circumcision, Resurrection, and Ascension of our Sa­viour.

By their own Authority they decreed the abolition of Bishops, Ass. D [...]n. 1580. requiring them to resigne their offices, as not having any calling from Gods Word, under pain of Excommunication. And to de­s [...]st from Preaching, untill they had a new Admission from the Generall Assembly. And to compleate their own folly, added further, that they would dispose of their possessions as the Church­es Patrimony in the next Assembly, which ridiculous Ordinance was maintained stifly by the succeeding Synods, notwithstanding the Statute, that it should be Treason to impugn the Authority of the three Estates, Parl. 1584. or to procure the innovation or diminution of [...]y of them. Which was made on purpose to controll their vain presumption. Notwithstanding that themselves had formerly ap­proved, and as much as in them lay established Superintendents, to endure for terme of life with their numbers, bounds, salaries, [Page 6] larger than those of other Ministers, 1. Book dis­cip. 4. and 6. head. indewed with Episcopall pow­er, to plant Churches, ordaine Ministers, assign Stipends, preside in Synods, direct the censures of the Church, without whom there was no Excommunication. The world is much mistaken concerning Episcopacy in Scotland: for though the King and Parliament were compelled by the clamours and impetuous vio­lence of the Presbyters to annex the temporalities of Bishops to the Crown, Anno. 203. yet the Function it self was never taken away in Scotland, from their first conversion to Christianity, untill these unhappy troubles. And these very temporalities were restored by the Ad of restitution, 1606. Ass. Glasg. 1610. Parl. Edenb. 1612. and their full power was first established Synodically, and afterwards confirmed by the three Estates of the Kingdome in Parliament.

By their own Authority when they saw they could not prevaile with all their iterated indeavours and attempts to have their book of discipline ratified, they obtruded it upon the Church them­selves, ordaining that all those who had born, or did then bea [...] any office in the Church, Ass. Edenb. 1590. should subscribe it, under pain of Ex­communication.

By their own Authority, or rather by the like unwarrantable boldness they adopted themselves to be heirs of the Prelates and and other dignities and orders of the Church, suppressed by their tumultuous violence, and decreed that all tythes, rents, lands, oblations, yea whatsoever had been given in former times, a should be given in future times to the service of God, was th [...] Patrimony of the Church; 2. Book disc. Chap. 9. and ought to be collected and distribu­ted by the Deacons, as the Word of God appoints. That to con­vert any of this, to their particular or profane use of any perso [...], is detestable Sacriledge before God. 1. Book disc. 6. head. And elsewhere, Gentle [...], Barons, Earls, Lords, and others must be content to live [...] their just rents, and suffer the Kirk to be restored to her Li [...]er­ty. Ibidem. What this Liberty is, follows in the same place, all things given in hospitality, all rents pertaining to Priests, Chanteries, Colledges, Ibidem. Chappetries, Frieries of all orders, the Sisters of the Seens, all which ought to be retained still in the use of the Kir [...]. Give them but leave to take their breath and expect the rest. T [...] whole reven [...]es of the temporalities of Bishops, Deans, and An [...] ­Deans Lands, and all rents pertaining to Cathedrall Kirks. Then supposing an Objection, that the Possessours had Leases and [Page 7] Estates, they answer, That those who made them were thieves and murtherers, and had no power to alienate the common Good of the Kirk. Ibidem. They desire that all such Estates may be anulled and avoided, that all Collectours appointed by the King or others, may be discharged from intermedling therewith, and the Deacons permitted to collect the same: yea to that height of madnesse were th [...]y come, as to define and determine in their Assembly, (judge whether it be not a modest constitution for a Synod. Ass. Edenb. 1647.) That the next Parliament the Church should be fully restored to its Pa­trimony, and that nothing should be p [...]st in Parliament untill that was first considered and approved. Let all Estates take notice of these pretensions and designs. If their project have not yet taken eff [...]ct, it is only because they wanted sufficient strength hitherto to accomplish it.

Lastly by their own Authority, under the specious title of Iesus Christ, King of Kings, and Lord of Lords, the only Monarch of his Church, and under pretence of his Prerogative Royall, they erected their own Courts and Presbyteries in the most parts of Scotland, long before th [...]y were legally approved or received, as appeareth by their own Act, alledging that many suites had been made to the Magistrate for approbation of the Policy of the Kirk, Ass. Glasg. 1581. Ass. Edenb. 1590. Ass. Edenb. 1591. which had not taken that happy effect which good men would crave: And by another Act acknowledging that Presbyteries were then established (Synodically) in most parts of the Kingdome. And lastly by the Act of another Generall Assem­ [...]ly at Edenburg, ordaining that the Discipline contained in the Acts of the Generall Assembly should be kept, as well in Agnus and Mernis as in the rest of the Kingdome.

You see sufficiently in point of practice how the Disciplinari­ans have trampled upon the Laws, and justled the civill Magi­strate out of his Supremacy in Ecclesiasticall Affaires. My next [...]ask shall be, to shew that this proceeds not from Inanimadver­tence or Passion, but from their Doctrine and Principles.

First, They teach that no persons, Magistrates nor others, have 1 power to Vote in their Synods, 2. Book disc. Chap. 7. but only Ecclesiasticall.

Secondly, They teach, that Ecclesiasticall perso [...]s have [...]he sole 2 power of convening and convocating such Assembles, All Eccle­siasticall Assemblies have power to convene lawfully together, for treating of things concerning the Kirk. They have power to ap­point [Page 8] times and places. Chap. 12. Again, Nationall Assemblies of thi [...] Countrey ought alwayes to be retained in their own Liberties, with power to the Kirk to appoint times and places. Thus they make it a Liberty, that is a Priviledge of the Church, a part of its Patri­mony, not only to convene, but to convocate, whomsoever, when­soever, wheresoever.

3 Thirdly, For point of Power, they teach, that Synods have the judgement of true and false Religion, Ass. Edenb. 1570. of Doctrine, Heresies, &c. the election, admission, suspension, deprivation of Ministers, th [...] determination of all things that pertain to the Discipline of the Church. The judgement of Ecclesiasticall matters, causes ben [...] ­ficiary, matrimoniall and others. Iurisdiction to proceed to ex­communication against those that rob the Church of its Patrimo­ny. [...]. Book disc. Chap. 7. They have legislative Power to make rules and constitutions for keeping good order in the Kirk. They have power to abr [...] ­gate and abolish all Statutes and Ordinances concerning Ecclesia­sticall matters, that are found noisome and unprofitable, and a­gree not with the time, Chap. 12. or are abused by the people. And all this without any Reclamation, or Apellation to any Iudge, Civill [...] Ecclesiasticall.

[...]. Book disc. Chap. 1. Fourthly, They teach that they have these priviledges not from the Magistrate or People, or particular Laws of any other Coun­trey. The Magistrate can not execute the censures of the Church, nor prescribe any rule how it should be done, but Ecclesiasticall power floweth immediately from God, and from the Mediatour Iesus Christ. Theoremata III. imp. E­denb. 1647. decreto Synodi Theor. 4. Theor. 9. And yet further, The Church cannot be governed by others, than those Ministers and Stewards set over it by Christ, nor otherwise than by his Laws. And therefore there is no pow­er on earth that can challenge to it self a Command or Domini [...] upon the Church. And again, It is prohibited by the Law of God and of Christ, for the Christian Magistrate to invade the Govern­ment of the Church, and consequently to challenge to himself the right of both Swords, spirituall and temporall. And if any Ma­gistrate do arrogate so much to himself, the Church shall have cause to complain and exclaime, that the Pope is changed, but the Papacy remains. So if Kings and Magistrates stand in their way, they are Political Popes, as well as Bishops are Ecclesiasticall. Whatsoever these men do, Theor. 68. is in the Name of our Lord Iesus, and by Authority delegated from him alone.

[Page 9]Lastly, They teach that they have all this Power, not only with­out the Magistrate, but against the Magistrate, that is, ‘although he dissent, Informatio [...]. [...]r [...]m S [...]otland pag. 1 [...]. and send out his prohibitions to the contrary, Par­liamentary ratifications can no way alter Church Canons con­cerning the Worship of God.’ For Eccclesiasticall Discipline ought to be exercised, whether it be ratified by the civill-Magi­strate or not. Theor. 98. The want of a civill Sanction to the Church, is but like Lucrum cessans, non damnum emergens. As it addes nothing to it, so it takes nothing away from it. If there be any clashing of Jurisdictions, or defect in this kind, they lay the fault at the Magistrates doore. It is a great sinne or wickednesse, for the Magistrate to hinder the exercise, Theor. 82. or execution of Ecclesiasti­call Discipline.

Now we have seen the pernicious practices of their Synods, with the Doctrines from which they flow; it remains to dispel umbra­ges, wherewith they seek to hide the ugliness of their proceedings and principles from the eyes of the world. We (say they) do give the Christian Magistrate a politicall Power to convocate Synods, to preside in Synods, to ratifie the Acts of Synods, to reform the Church. We make him the keeper of both Tables. Take nothing and hold it fast, here are good words, but they signifie nothing. Trust me whatsoever the Disciplinarians do give to the Magistrate, it is alwayes with a saving of their own stakes, not giving for his advantage, but their own. For they teach that this power of the Christian Magistrate is not private and destructive to the power of the Church but cumulative, Theor. [...] and onely auxiliary or assisting.

Besides the power which they call abusively authoritative, but is indeed ministeriall, of executing their decrees, and contributing to their settlement, they ascribe to the Magistrate concerning the Acts of Synods that which every private man hath, a judgement of [...]iscretion, but they retain to themselves the judgement of Iuris­diction. And if he judge not as they would have him, but suspend out of conscience th [...] influence of his politicall power, where they would have him exercise it, they will either teach him another point of Popery, that is an implicite faith, or he may perchance [...]eel the weight of their Church-censures, and find quickly what manner of men they be, as our late Gratious King Charles and before him his Father, his Grandmother, and his [Page 10] great Grandmother did all to their cost.

Then in plain English, what is this politicall Power to call Sy­nods to preside in Synods, and to ratifie Synods, which these good men give to the Magistrate, and magnifie so much? I shall tell the truth. ‘It is a duty which the Magistrate ows to the Kirk, when they think necessary to have a Synod convocated, to strengthen their summons by a civill Sanction, Theor. 50, [...]1. to secure them in coming to the Synod, and returning from the Synod, to provide them good accommodation, to protect them from dangers, to defend their Rights and Priviledges. To compel obstinate persons by civill Laws and punishments, to submit to their censures and de­crees.’ What gets the Magistrate by all this to himself? He may put it all in his eye, Ibid. and see never a whit the worse. ‘For they declare expresly, that neither all the power, nor any part of the power, which Synods have to deliberate of, or to define Eccle­siasticall things, (though it be in relation to their own Subjects) doth flow from the Magistrate, but because in those things which belong to the outward man, (mark the reason) the Church stands in need of the help of the Magistrate.’ Fair fall a [...] ingenuous confession, they attribute nothing to the Magistrate, but only what may render him able to serve their own turns, and supply their needs. I wish these men would think a little more of the distinction, between habituall and actuall Jurisdiction. After a School-master hath his License to teach, yet his actuall Jurisdicti­on doth proceed from the Parents of his Scholars. And though he enjoy a kind of Supremacy among them, he must not think that this extinguisheth, either his own filiall duty, o [...] theirs.

Like this power of presiding politically in Synods is the other power which they give him of reforming the Church, that is when the State of the Church is corrupted, but not when it is pure, as they take it for granted, that it is, when the Jurisdiction is in their own hands. ‘Although godly Kings and Princes, someti [...] by their own Authority, 1. Book disc. [...]hap. 10. when the Kirk is corrupted, and all things out of order, place Ministers, and restore the true service of the Lord, after the example of some godly Kings of Iud [...], and divers godly Emperours and Kings also in the light of the New Testament; yet where the Ministry of the Kirk is once law­fully constituted, and they that are placed, do their office faith­fully, [Page 11] all godly Princes and Magistrates ought to hear and obey their voice, and reverence the Majesty of the Son of God speak­ing in them. Leave this jugling; who shall judge, when the Church is corrupted; the Magistrates or Church-men? if the Magistrates, why not over you, as well as others? If the Church­men, why not others as well as you? here is nothing to be an­swered, but to beg the question, that they only are the true Church. Hear another witnesse, in evill and troublesome times, and in a lapsed state of affairs; when the order instituted by God in the Church, Theor 84, and [...]5. is degenerated to Tyranny, to the trampling up­on the true Religion, and oppressing the professors of it, when nothing is sound, the godly Magistrate may do some things, which ordinarily are not lawfull, &c. But ordinarily and of common right, in Churches already constituted, if a man flye to the Magistrate complaining that he is injured, by the abuse of Ecclesiasticall Discipline, or if the Sentence of the Presbyteries displease the Magistrate, either in point of Discipline or of Faith, he must not therefore draw such causes to a civill tribunall, nor introduce a Politicall Papacy. Ibidem. And as the Magistrate hath pow­er in extraordinary causes, when the Church is wholly corrup­ted, to reforme Ecclesiasticall abuses; so if the Magistrate shall Tyrannize, over the Church, it is lawfull to oppose him, by certain wayes and meanes, extraordinarily; how ever ordina­rily not to be allowed.’ This is plain dealing, the Magistrate cannot lawfully reforme them, but in cases extraordinary; and in cases extraordinary they may lawfully reforme the Magistrate, [...]y meanes not to be ordin [...]rily allowed, that is by force of armes, See the principles from whence all our miseries; and the losse of our gratious Master, hath flowed; and learn to detest them; They give the Magistrate the custody of both Tables, Theo [...]. 48. so they do give the same to themselves, they keep the second Table, by admonish­ing him; he keeps the first Table by assisting them: they reforme the abuses, of the first Table by ordinary right, of the s [...]cond Ta­ble extraordinari [...]y. He reforms the abuses against the second Ta­ble; by ordinary right: and the abuses against the first Table ex­traordinarily.

But can the Magistrate, according to their learning call the Sy­ [...]od to an account for any thing they do, can he remedy the er­to [...]rs of a Synod either in Doctrine or Discipline? Theor. 97. No, if Magi­strates [Page 12] had power to change, or diminish, or restraine the Rights of the Church; the Condition of the Church, should be worse, and their Liberties less, under a Christian Magistrate, than und [...]r an Heathen. For (say they) Parliaments and supreame Senates, are no more infallible th [...]n Synods, Theor. 88. and in matters of Faith and Discipline more apt to [...]rre; And again, the Magistrate is [...]ot judge of Spirituall caus [...]s co [...]troverted in the Church. Theor. 82. And if he decree any thing in such businesses; according to the wisdom of the flesh, and not according to the rule of Gods Word, and the wisdome which is from above, he must give an account of i [...] unto God.

2 Or may the Supreame Magistrate oppose the execution of their discipline practised in their Presbyteries, or Synods, by Laws o [...] prohibitions? Theor. 82. No, it is wickednesse, If he do so farre abuse his Authority, good Christians must rather suffer extremities, th [...] obey him.

3 Then what remedy hath the Magistrate, if he find himself gri [...] ­ved in this case? He may desire and procure a review in another Nationall Synod, Theor. 91, 92. that the matter may be lawfully determined by Ecclesiasticall judgement. Yet upon this condition, the notwithstanding the future review, the first sentence of the Synod be executed without delay, This is one main branch of Popery, and agrosse incrochment, upon the right of the Ma­gistrate.

2 THe second flows from this. The last appeal ought to be the Supreame Magistrate, or Magistrates, within his or their Dominions, as to the highest Power under God. And where it is not so ordered, the Common-wealth can injoy no tranquility, [...]s we shall see in the second part of this discourse. By the Laws of England, if any man find himself grieved with the sentence o [...] consistoriall proceedings of a Bishop, or of his Officers, he may appeal from the highest judicatory of the Church to the King i [...] Chancery, who useth in that case to grant Commissions under the great Seal, to Delegates expert in the Laws of the Realme, wh [...] [Page 13] have power to give him remedy, and to see Justice done. In Scot­land this would be taken in great scorn, as an high indignity upon the Commissioners of Christ, to appeal from his Tribunal, to the judgement of a mortal man. 1582. In the year 1582. King Iames by his Letter by his Messenger, the Master of Requests, and by an Herald at Arms, A [...]. Saint An­drews, 1532. prohibited the Assembly at Saint Andrews to pro­ceed in the case of one Mongomery, and Mongomery hims [...]lf ap­pealed to Caesar, or to King and Councel. What did our new Ma­tters upon this? They sleighted the Kings Letter, his Messenger, his Herald, reject [...]d the Appeal, as made to an incompetent Judge, and proceeded most violently in the cause. About four years af­ter this, Ass. Saint An­drews, 15 [...]. another Synod held at Saint Andrews, proceeded in like manner against the Bishop of that Se [...], for Voting in Parliament according to his conscience, and for being suspected to have pen­ned a Declaration, published by the King and Parliament at the end of the Statutes; notwithstanding that he decli­ned their judicature, and appealed to the King and Par­liament. When did any Bishops dare to doe such acts? There need no more instances, their Book of Discipline it s [...]lf being so full in the case, From the Kirk there is no reclama­tion, or appellation, to any Judge Civil or Ecclesiastical, within the Realm.

THirdly, If Ecclesiastick Persons in their Pulpits or Assemblies, 3 shall leave their Text and proper work to turn Incendiaries, Trumpeters of sedition, stirring up the people to tumults and dis­loyal attempts in all well-ordered Kingdoms and Commonwealths, they are punishable by the Civil Magistrate, whose proper office it is to take cognizance of Treason and Sedition. It was well said by a King of France to some such seditious Sheba's, That if they would not let him alone in their Pulpits, he would send them to preach in another climate. In the Vnited Provinces there want not ex­amples of seditious Oratours, who for controlling their Magistrates too sawcily in the Pulpit, have been turned both out of their Chur­ches and Cities, without any fear of wresting Christs Scepter out of his hand. In Geneva it self, the correction of Ecclesiastical [Page 14] persons (qua tales, Eccl. Ord. p 14. ) is expresly reserved to the Signiory. So much our Disciplinarians have ou [...]-done their pattern, as the pas­sionate writings of heady men out-do the calmer decrees of a stayed Senate.

But the Ministers of Scotland have exempted themselves in this case from all secular judgement, Declar 1581. as King Iames (who knew them best of any man living) witnesseth. They said, He was an incom­petent Iudge in such cases, and that matters of the Pulpit ought to be exempted from the judgement and correction of Princes. They them­selves speak plain enough. It is an absurd thing, that sundry of them, 2 Book disc. chap. 11. (Commissaries) having no function of the Kirk, should be Iudges to Ministers, and depose them from their rooms. The reason holds as well against Magistrates as Commissaries. To passe by the sawcy and seditious expressions of M ^r Dury, M ^r Mellvill, M ^r B [...]l­canqu [...]ll, At Fdenb. 1567. and their impunity. M ^r Iames Gibson in his Sermon taxed the King for a Persecutor, and threatned him with a curse, that he should die childless, and be the last of his race; for which being convented before the Assembly, and not appearing, he was onely suspended during the pleasure of his brethren, (he should have been suspended indeed, that is hanged.) But at another Assembly, in August following, upon his all [...]gation, that his not appearing was out of his tender care of the Rights of the Church, he was pur­ged from his contumacy, without once so much as acquainting his Majesty.

Master David Blake, 1596.The case is famous of M ^r David Blake Minister of S ^t Andrews, who had said in his Sermon, ‘That the King had discovered the treachery of his heart, in admitting the Popish Lords into the Countrey. That all Kings were the Devils barns, that the De­vil was in the Court, and in the guiders of it. And in his pray­er for the Queen, he used these words, We must pray for her for fashion sake, but we have no cause, she will never do us any good. He said, that the Queen of England (Queen Elizabeth) was an Atheist, that the Lords of the Session were miscreants and bribers, that the Nobility were degenerated, godless, dissem­blers, and enemies to the Church, that the Councel were holly glasses, Cormorants and men of no Religion.’ I appeal to all the Estates in Europe, what punishment could be severe enough for such audacious virulence? The English Ambassadour complains of it; Blake is cited before the Councel. The Commissioners of [Page 15] the Church plead, That it will be ill taken, to bring Ministers in question upon such trifling delations, as inconsistent with the liberties of the Church. They conclude, that a Declinatour should be used, and a Protestation made against those proceedings, saying, It was Gods cause, wherein they ought to stand to all haz [...]rds. According­ly a Declinatour was framed and presented. Blake desires to be remitted to the Presbytery, as his Ordinary. The Commissioners send the Copie of the Declinatour to all the Presbyteries, requiring them for the greater corroboration of their doings, to subscribe the same, and to commend the cause in hand in their private and publick prayers to God, using their best credit with their flocks for the maintenance thereof. The King justly incensed herewith, dischargeth the Commissioners. Notwithstanding this Injunction, they stay still, and send Delegates to the King, to represent the in­conveniences that might ensue. The King more desirous to decline their envy, than they his judgement, offers peace. The Commis­sioners refuse it, and present an inso [...]ent Petition, which the King rejects deservedly, and the cause was heard th [...] very day that the Princes Elizabeth (now Queen of Bohemia) w [...]s Christened. The witnesses were produced, M ^r Robert Ponte in the name of the Church makes a Pretestation. Blake presents a second D [...]clina­tour. The Councel decree that the cause being treasonable, is cognoscible before them. The good King still seeks peace, sends Messengers, treats, offers to remit: but it is labour in vain. The Ministers answer peremptorily by M ^r Robert Bruce their Prolocu­tor, That the liberty of Christs Kingdom had received such a wound, by this usurpation of the Rights of the Church, that if the lives of M ^r Blake, and twenty others had been taken, it would not have grie­ved the hearts of good people so much, as these injurious proceedings. The King still woos and conferres. At last the matter is concluded, That the King shall make a Declaration in favour of the Church, that M ^r Blake shall only make an acknowledgment to the Queen, and be pardoned: But M ^r Blake refuseth to confesse any fault, or to acknowledge the King and Councel to be any Judges of his Ser­mon. Hereupon he is convicted and sentenced to be guilty of false and treasonable slanders, and his punishment referred to the King. Still the King treats, makes Propositions unbeseeming his Majesty, once or twice. The Ministers reject them, proclaim a Fast, raise [...] Tumult in Edenburgh, Petition, preferre Articles. The King [Page 16] departeth from [...]he City, removeth his Courts of Iustice, the peo­p [...]e repent, the Ministers persist, and seek to engage the Subjects in a Covenant for mutual Defence. One M ^r Walsh in his Sermon tells the people, That the King was possessed with a Devil, yea with se­ven Devils; that the Subjects might lawfully rise and take the sword out of his hands. The seditious encouraged from the Pulpit, send a Letter to the Lord Hamilton to come and be their General. He nobly refuseth, and sheweth their Letter to the King. Hereupon the Mini [...]ters are sought for to be apprehended, and flie into Eng­land. The Tumult is declared to be Treason by the Estates of the Kingdom. I have urged this the more largely (yet as succinctly as I could) to let the world see, what dangerous Subjects these Dis­ciplinarians are, and how inconsistent their principles be, with all orderly Societies.

5 FOurthly, They have not onely exempted themselves in their duties of their own Function from the Tribunal of the Sovereign Magistrate or Supream Senate, but they have subjected him and them (yea even in the discharge of the Sovereign Trust) to their own Consistories, even to the highest Censure of Excom­munication, which is like the cutting of a member from the body Natural, 1 Book di [...]c 7. head. or the out-lawing of a Subject from the body politic [...], Excommunication; that very Engine, whereby the Popes of old advanced themselves above Emperours. To discipline must all the Estates within this Realm be Subject; 2 Book disc. Chap. 12. as w [...]ll Rulers, as they tha [...] are ruled. Theor. 8. And elswhere, All men, as well Magistrates, as Infe­riours, ought to be subject to the judgement of General Assembli [...]. And yet again, No man that is in the Church, ought to be exempted from Ecclesiastical Censures. What h orrid and pernicious mis­chiefs do use to attend the Excommunication of Sovereign Magi­strates, I leave to every mans memory or imagination. Such cour­s [...]s make great Kings become cyphers, and turn the tenure of [...] Crown Copy-hold, ad voluntatem Dominorum. Such Doctrines might better become some of the Roman Alexanders, or B [...] ­nifaces, or Gregorius, or Pius Quintus, than such great Prosessors [Page 17] of Humility, such great disclaimers of Authority, who have in­veighed so bitterly against the Bishops for their usurpations. This was never the practice of any orthodox Bishop. S ^t Ambrose is mistaken, what he did to Theodosius was no act of Ecclesiastical ju­risdiction, but of Christian discretion. No, he was better ground­ed. David said, Against thee onely have I sinned, because he was a King. Our Disciplinarians abhorre the name of Authority, but hugge the thing, their profession of Humility, is just like that Car­dinals hanging up of a Fishers Net in his Dining-room, to put him in mind of his discent, but so soon as he was made Pope he took it down, saying, The Fish was caught now, there was no more need of the Net.

FIfthly, All supreame Magistrates do assume to themselves a 5 power of pardoning offences and offenders, where they judge it to be expedient. He who believes that the Magistrate cannot with a good conscience dispence with the punishment of a penitent malefactour, I wish him no greater censure, than that the penall Laws might be duly executed upon him, untill he recant his errour. But our Disciplinarians have restrained this dispensative power, in all such crimes as are made capitall by the judiciall Law, as in the case of Bloud, Adultery, Blasphemy, &c. in which cases, ‘they say the offender ought to suffer death, as God hath commanded. And, If the life be spared, as it ought not to be to the offenders, &c. And, 1 Book di [...] head 9. the Magistrate ought to preferre Gods expresse com­mandment before his own corrupt judgement, especially in pu­nishing these crimes which he commandeth to be punished with death. Ibid.’ When the then Popish Earls of Angus, Huntley, and Erroll, Ass. Eden [...]. 1594. Par. Ed. 1594. were excommunicated by the Church, and forfeited for treasonable practices against the King, it is admirable to read with what wisdome, and charity, and sweetnesse his Majesty did seek from time to time to reclaime them from their errours, and by their unfeigned conversion to the reformed Religion to prevent their punishment. Wherein he had the concurrence of two Con­ventions of Estates, the one at Falkland, the other at Dumferm­ling. And on the other side to see with what bitternesse and radi­cated malices they were prosecuted by the Presbyteries, and their [Page 18] Commissioners, sometimes Petitioning, That they might have no benefit of Law, as being excommunicated, Sometimes threatning, that they were resolved to pursue them to the uttermost, though it should be with the loss of all their lives in one day. That if they continued enemies to God and his Truth, the Countrey should not brook both them and the Lords together. Sometimes pressing to have their Estates confiscated, and their lives taken away. Alledging for their ground, that by Gods Law they had deser [...]ed death. And when the King urged that the bosom of the Church should be ever open to penitent sinners, they answered, That the Church could not refuse their satisfaction, if it was truly offered, but the King was obliged to do justice. What do you think of those that roar out, Iustice, Iustice, now adayes, whether they be not the right spawn of these Bloud-suckers, Look upon the ex­amples of Cain, Esau, Ishmael, Antiochus, Antichrist, and tell me, if you ever find such supercilious, cruel, bloud-thirsty persons, to have been pious towards God, but their Religion is commonly like themselves, stark naught, ‘Cursed be their anger for it was fierce, Gen' 49 [...] and their wrath, for it was cruel.’

These are some of those incroachments which our Disciplinari­ans have made upon the rights of all Supreame Magistrates, there be sundry others, which especially concerne the Kings of Great Brittain, as the losse of his tenths, first-fruits, and patronages, and which is more than all these, the dependence of his Subjects▪ by all which we see, that they have thrust out the Pope indeed, but retained the Papacy. The Pope as well as they, and they as well as the Pope, (neither barrel better Herrings,) do make Kings but half Kings, Kings of the bodies, not of the souls of their Sub­jects: They allow them some sort of judgement over Ecclesiastical persons, in their civill capacities, for it is little (according to their rules) which ever is not Ecclesiasticall, or may not be reduced to Ecclesiasticall. But over Ecclesiastick persons, as they are Ecclesi­asticks, Vindicatiou of Commis­sioners: J [...]n. 6. 1648. or in Ecclesiasticall matters, they ascribe unto them no judgment in the world. ‘They say it cannot stand with the Word of God, that no Christian Prince ever claimed, nor can claime to himself such a power,’ If the Magistrate will be contented to wave his Power in Ecclesiasticall matters, and over Ecclesiasticall persons, (as they are such,) and give them leave to do what they list, and say what they list in their Pulpits, in their Consistories, in [Page 19] their Synods, and permit them to rule the whole Commonwealth, in order to the advancement of the Kingdome of Christ. If he will be contented to become a subordinate Minister to their Assemblies, to see their decrees executed, then it may be they will become his good Masters, and permit him to injoy a part of his civill power. When Sovereigns are made but accessaries, and inferiours do be­come principals, when stronger obligations are devised, than those of a Subject to his Sovereign, it is time for the Magistrate to look to himself, these are prognosticks of insuing storms, the avant curriers of seditious tumults. When Supremacy lights into strange and obscure hands, it can hardly contain it self within any bounds. Before our Disciplinarians be well warmed in their Ecclesiasti­call Supremacy, they are beginning, or rather they have alrea­dy made a good progresse in the invasion of the temporall Supre­macy also.

THat is their sixt incroachment upon the Magistrate, and the ver­ticall 6 point of Jesuitism, Consider first how many civil causes they have drawn directly into their Consistories, and made them of Ecclesiasticall cognisance, 1 Book disc. 7 he [...]d. 2 Book disc. Chap. 7. as fraud in bargaining, false weights and measures, oppressing one another, &c. and in the case of Mini­sters, bribery, pe [...]jury, theft, fighting, usury, &c.

Secondly, Consider that all offences whatsoever are made cog­noscible in their Consistories, in case of scandall, yea even such as are punishable by the civill Sword with death: ‘If the civill Sword foolishly spare the life of the offender, yet may not the Kirk be negligent in their office, which is to excommunicate the wicked.’

Thirdly, 1 Book disc. 9 h [...]ad and Theor. 6 [...]. They ascribe unto their Ministers a liberty and power to direct the Magistrate, even in the Managerie of civill Affairs: ‘To governe the Commonwealth, and to establish civill Laws is proper to the Magistrate: To interpret the Word of God, and from thence to shew the Magistrate his duty, how he ought to governe the Commonwealth, and how he ought to use the Sword, Theor. 47, 48. is comprehended in the office of the Minister, for the holy Scripture is profitable to shew what is the best governement [Page 20] of the Commonwealth. And again all the duties of the second Table as well as the first, between King and Subject, Parents and Children, Vindicat. com. p. 6. Husbands and Wives, Masters and servants, &c. are in difficult cases a subject of cognisance and judgement to the Assemblies of the Kirk.’Thus they are risen up from a judgment of direction, to a judgement of Jurisdiction, And if any perso [...]s, Magistrates or others, dare act contrary to this judgement of the Assembly, Solemn acknow­l [...]dgem [...]. Octob. 6 1648. (as the Parliament and Committee of Estates did in Scot­land, in the late expedition) ‘they make it to be an unlawfu [...]l in­gagement, a sinfu [...]l War, contrary to the Testimonies of Gods servants, and decree the parties so offending, to be suspended from the communion, and from their offices in the Kirk.’ I con­fesse Ministers do well to exhort Christians to be care [...]ull, honest, industrious in their speciall callings: but for them to meddle prag­matically with the mysteries of particular Trad [...]s, and much more with the mysteries of State, which never came within the compasse of their shallow capacities, is a most audacious insolence, and an insufferable presumption. They may as well teach the Pilot how to steer his course in a tempest, or the Physician how to cure the di­stempers of his patient.

But their high [...]st cheat is that Jesuiticall invention, (in ordi [...] ad spiritualia,) they assume a power in worldly affairs indirectly, and in order to the advancement of the Kingdome of Christ. Theor. 6 [...]. vindication. [...].5▪ The Ecclesiasticall Ministry is conversant spiritually about civill things. Again must not duties to God whereof the securing of Religion is a main one, have the Supreame and first place, duties to the King a subordinate and second place? The case was this. The Parliament levied forces to [...]ree their Kings out of prison. A meet civill duty. But the Commissioners of the Assembly declare against it, unlesse the King will first give assurance under hand and seal, by solemne oath, that he will establish the Covenant, the Presby­terian Discipline, &c. in all his Dominions, and never indeavour any change thereof, least otherwise his liberty might bring their bygone proceedings about the League and Covenant into question, there is their power in ordine ad spiritualia. Humble ad­vise Edenb. [...] 10. 1648.: ‘The Parliament will restore to the King his negative voice. A meer civill thing. The Commissioners of the Church oppose it, because of the gre [...]t dangers that may thereby come to Religion.’ The Parliament name Officers and Commanders for the Army. A meer civil thing. [Page 21] The Church will not allow them, because they want such qualifica­tions as Gods word requires, that is to say in plain terms, because they were not their confidents. Was there ever Church challenged such an omnipotence as this? Nothing in this world is so civil or political, wherein they do not interest themselves, in order to the advancement of the kingdom of Christ.

Upon this ground their Synod enacted, ‘that no Scotish mer­chants should from thenceforth traffique in any of the dominions of the King of Spain, A [...]s. D [...]b. 1598. until his Majesty had procured from that King some relaxation of the rigour of the Inquisition, upon pain of excommunication.’ As likewise that the Munday market at Ed [...]nburgh should be abolished, It seems they thought it minister­ed some occasion to the breach of the Sabba [...]h. The Merchants petitioned the King to maintain the liberty of their trade, He grants their request but could not protect them, for the Church prosecu­ted the poor merchants with their censuers, untill they promised to give over the Spanish trade, so soon as they had perfected their accounts, and payed their Creditors in those parts.

But the Shoemakers, who were most interested in the Munday markets with their tumults and threatenings comp [...]lled the Minist­ers to retract, whereupon it became a jest in the City, that the Sou­ters could obtain more at the Ministers hands than the King. So they may meddle with the Spanish trade or Munday markets, or any thing in order to Religion.

Upon this ground they assume to themselves a power to ratifie Acts of Parliament, So the assembly at Edenburgh enacted, That the Acts made in the Parliament at Edenburgh the 24 of August 1560, (without either Commission or Proxie from their Sovereign,) touching Religion, Ass. Edenb. 1597. &c. should have the force of a publick Law: ‘And that the said Parliament, so far as concerned Religion, should be maintained by them, &c. and be ratified by the first Parialment that should happen to be kept within the Realm.’ See how bo [...]d they make with Kings and Parliaments, in order to Religion. I can­not omit that famous summons which this Assembly sent out, not onely to entreat, ‘but to admonish [...]ll persons truly professing the Lord Jesus within the Realm,’as well Noble-men as Barons and those of other estates, to meet and give their personal appearance at Edenburgh the 20 of Iuly ensui [...]g, for giving their advice and concurrence in matters then to be proponed, especially for purg­ing [Page 22] the Realm of Popery, establishing the policy of the Church, and restoring the patrimony thereof to the just possessours. Assuring such as did absent themselves that they should be esteemed dissimu­late professours, unworthy of the fe [...]lowship of Christs flock, who thinks your Scotish Disciplinarians know not how to ruffle it?

Upon this ground they assume a power to abrogate and invali­date Laws and Acts of Parliament, if they seem disadvantagious to the Church. ‘Church Assemblies have power to abrogate and a­bolish all statutes and ordinances concerning Ecclesiastical mat­ters, a Book disc. ch. 7. that are found noysom and unprofitable, and agree not with the times, or are abused by the p [...]ople. So the Acts of Parliament 1584▪ at the very same time that they were proclamed, were pro­tesied against at the market crosse of Edenburgh by the Ministers, in the name of the [...]irk of Scotland. Vindication pag. 11. p 10. And a li [...]tle before, whatso­ever be the Treason o [...] i [...] pugni [...]g the authority of Parliament, it can be no Treason to obey God rather than man. Neither did the General assembly of Glasgow 1638, &c. commit any treason, when they impugned Epis [...]opacy, and Perth-Ar [...]icles, although ratified by Acts of Parliament, and standing laws then unrepealed.’ He saith so far true, than we ought rather to obey God than man, that is, to suffer when we cannot act; but to impugn the authority of a lawfull Magistrate, is neither to obey God nor man. God com­mands us to die innocent rather than live nocent, they teach us ra­ther to live nocent than die innocent. Away with these seeds of sedition, these rebllious principles, Our Master Christ hath left us no such warrant, and the unsound practise of an obscure Conventicle is no safe patern. The King was surprized at Ruthen by a company of Lords and other conspirators; this fact was as plain Treason as could be imagined, and so it was declared; (I say declared not made) in Parliament. 1582. ‘Yet an Assembly Generall (no man gain saying) did justify that Treason in order to Religion as good and acceptable service to God, 1583. their Soveraign, Ass. Edenb. 1582. and native Countrey, requiring the Ministers in all their Churches to commend it to the people, and exhort all men to concurre with the actors, as they tendred the glory of God, the full deliverance of the Church, and perfect reformation of the Commonwealth, threatning all those who subscribed not to their judgement with Excommunication.’ We see this is not the first time that Disciplinarian Spectacles have made abominable Treason to seem Religion, if it serve for the ad­vancement [Page 23] of the good Cause. And if were well if they could rest here, or their zeale to advance their Ecclesiasticall Soveraignty, by force of Armes, and effusion of Christian blood, would confine it self within the limits o [...] Scotland: No, those bounds are too nar­row for their pragmaticall spirits: Sept. 27. 1648. Ar. 3. And for bus [...]e Bishops in other mens Diocesses, see the Articles of Sterling, ‘That the securing and setling Religion at home, and promoting the work of Reformati­on abroad, in England and Ireland, be referred to the determina­tion of the General Assembly (of the Kirk) or their Commissio­ners.’ What, is old Edenburgh turned new Rome, and the old Pres­byters young Cardinals, and their Consistory a Conclave, and their Committees a Juncto for propagating the faith? Themselves stand most in need of Reformation; If there be a mote in the eye of our Church, there is a beam in theirs. Neither want we at home God be praised, those who are a thousand times fitter for learning, for piety, for discretion, to be reformers, then a few giddy innovators. This I am sure, since they undertook our cure against our wills, they have made many fat Church-yards in England. Nothing is more civill, or essentiall to the Crowne, then the Militia, or power of raising Armes: Yet we have seen in the at­tempt at Ruthen, in their Letter to the Lord Hamilton, in their Sermons, Theor. 84. what is their opinion. They insinuate as much in their Theorems, It is lawfull to resist the Magistrate by certain extraor­dinary wayes or meanes, not to be ordinarily allowed. It were no dif­ficult task out of their private Authors, to justifie the barbarous acts that have been committed in England. But I shall hold my selfe to their publike actions and records. A mutinous company of Citizens forced the gates of Halyrood-house, to search for a Priest, and plunder at their plrasure. A [...]n. 1562. M. Knox was charged by the Councell to have bin the author of the sedition; and further, to have convocated his M [...] ­jesties Subjects by Letters missiv [...] when he pleased. He answered, that he was no preache [...] of Rebellion, but taught people to obey their Princes in the Lord; [I se [...] he t [...]ught them likewise, that he and they were the compet [...]nt judges what is obedience in the Lord. Ass. Edenburg; 1593.] He confessed his convocating of the Subjects by vertue of a command form the Church, to advertise the brethren when he saw a [...]ecessity of their meeting, especially if he perceived Religion to be in peril. Take another instance, The Assembly having received an answer from the King, about the tryall of the Popish Lords; not [Page 24] to their contentment, resolve all to convéne in Armes at the place appointed for the tryall; ‘whereupon some were left at Edin­burgh to give timely advertisement to the rest. The King at his return gets notice of it, calls the Ministers before him, shewes them what an undutifull part it was in them to levy Forces, and draw his Subjects into Armes without his warrant.’ The Ministers pleaded, That it was the cause of God, in defence whereof they could not be deficient. This is the Presbyterian wont, to subject all causes and persons to their Consistories, to ratifie and abolish civill Lawes, to confirm and pull down Parliaments, to levy Forces, to invade other Kingdoms, to do any thing respectively to the advancement of the good cause, and in order to Religion.

BEhold both Swords spirituall and temporall in the hands of the Presbytery, the one ordinarily by common right, the other extraordinarily; the one belonging directly to the Church, the o­ther indirectly; the one of the Kingdom of Christ, the other for his Kingdom, in order to the propagation of Religion. See how these hoc as pocases with stripping up their sleeves and professions of plain-dealing, with declaiming against the tyranny of Prelates, un­der the pretense of humility and Ministeriall duty, have wrested the Scepter out of the hand of Majesty, and jugled themselves into as absolute a Papacy, as ever was within the walls of Rome. O savi­our, behold thy Vicars, and see whither the pride of the servants of thy servants is ascended. Now their Consistories are become the Tribunalls of Christ. That were strange indeed I Christ hath bet one Tribunall, his Kingdome is not of this world. Their determi­nations passe for the Santence of Christ. Alas there is too much fi­ction, and passion, and ignorance in their Presbyteries. Their Sy­nodall Acts go for the Lawes of Christ. His Lawes are immutable, mortall man may not persume to alter them, or to adde to them; but these men are chopping and changing their constitutions every day. Their Elders must be looked upon as the commissioners of Christ. It is impossible! Geneva was the first City where this discipline was hatched; though since it hath lighted into hucksters hands. In those dayes they magnified the platform of Geneva, for the pattern she [...]ed [Page 25] in the mount. But there, the Presbyters at their admission take an oath, to observe the Ecclesiasticall Ordinances of the small, great, and generall Councels of th [...]t City. Can any man be so stupid, as to think, that the high Commissioners of Christ swear fealty to the Burgers of Geneva? Now forsooth their Discipline is become the Scepter of Christ, the Eternall Gospel. (See how successe exalts mens desires and demands.) In good time, where did this Scepter lye hid for 1500 yeers, that we cannot finde the least footsteps of it in the meanest village of Christendom? This world drawes to­wards an end; was this discipline fitted and contrived for the world to come? Or how should it be the Eternal Gospel? When every man sees how different it is from it self, in all Presbyterian Churches, adapted and accommodated to the civill policy of each particular place where it is admitted, except only Scotland, where it comes in like a Conqueror, and makes the Civill Power stoop and strike top saile to it. Certainly, if it be the Gospel, it is the fifth Gospel, for it hath no kindred with the other foure. There is not a Text which they wrest against Episcopacy, but the Independants may with as much colour of reason, and truth, urge it against their Presbyteries. Where doth the Gospel distinguish between temporary and perpetuall Rulers? Between the Government of a person, and of a corporation? There is not a Text which they produce for their Presbytery, but may with much more reason be alledged for Episcopacy, and more agreeable to the analogie of faith, to the perpe [...]uall practice and belif of the Catholick Church, to the concurrent Expositions of all Interpreters, and to the other Texts of holy Scrip [...]u [...]e; for untill this new modell was yesterday devised, none of those Texts were ever so understood. When the practise ushers in the doctrine, it is very suspicious, or rather evi­dent, that the Scripture was not the rule of their reformation, but their subsequent excuse. This ( jure devino) is that which makes their sore incurable, themselves incorrigible, that they father their own brat upon God Almighty, and make this Mushrome which sprung but up the other night, to be of heavenly d [...]scent. It is just like the doctrine of the Pop [...]s infallibility, which shu [...]s the door against all hope of remedy. How should they be brought to re­form their errors, who bel [...]eve they cannot erre, or they be brought to renounce their drowsy dreams, who take it for gran­ted, that they are divine revelations!

[Page 26] [...] 1596. And yet when that wise Prince, King Iames, a little before the Nationall Assembly at Perth, published in print 55 Articles or Questions, concerning the uncertainty of this Discipline, and the vanity of their pretended plea of divine right, and concerning the errours and abuses crept into it, for the better preperation of all men to the ensuing Synod, that Ministers might study the point be­forehand, and speak to the purpose; they who stood effected to that way were extremely perplexed. To give a particular account, they knew well it was impossible; but their chifest trouble was, that their foundation of divine right, which they had given out all this while to be a solid rock, should come now to be questioned for a shaking quagmire. And so without any opposition they yeelded the bucklers. Thus it continued untill these unhappy troubles, when they started aside again like broken bowes. This plant thrives better in the midst of tumults, then in the times of peace and tranquillity. The Elme which supports it, is a factio [...] multitude, but a prudent and couragious Magistrate nips it i [...] the bud.

WE have seen how pernicious this Discipline (as it is main­tained in Scotland, and endeavoured to be introduced in­to England by the Covenant,) is to the supreme Magistrate, how it robs him of his Supremacy in Ecclesiasticall affaires, and of the last appeals of his own Subjects, that it exempts the Presbyters from the power of the Magistrate, and subjects the Magistrate to the Presbyters, that it restraines his dispensative power of pardoning, deprives him of the dependance of his Subjects, that it doth chal­lenge and usurp a power paramount both of the word and of the Sword, both of Peace and War, over all Courts and Estates, over all Laws Civill and Ecclesiasticall, in order to the advencement of the Kingdom of Christ, wherof the Presbyters alone are consti [...] ­ted rulers by God, and all this by a pretended divine right, which takes away all hope of remedy, untill it be hissed out of the world; in a word, that it is the top-branch of Popery, a greater tyranny, then ever Rome was guilty of. It remains to show how disadvan­tagious it is also to the Subject.

First, to the Common-wealth in generall, which it makes a [Page 27] Monster, like an Amphishbaina, or a Serpent wi [...]h two heads, one at either end. It makes a coordination of Soveraignty in the same Society, two supermes in the same Kingdom or State, the one Civill, the other Ecclesiasticall, then which nothing can be more perni­cious, either to the consciences, or the estates of Subjects, when it falls out (as it often doth) that from these two heads issue contrary commands, 1 Cor. 1. [...]. If the Trumpet give an uncertain sound, who shall pre­pare himself to the battel? Much more when there are two Trum­pets, and the one sounds an Alarm, the other a Retreat. What should the poor Souldier do in such a case? or the poor Subject in the other case? If he obey the Civill Magistrate; he is sure to be ex­communicated by the Church; if he obey the Church, he is sure to be imprisoned by the Civill Magistrate; What shall become of him? 1 Kings [...], [...] I know no remedy, but according to Solomons sentence, the li­ving Subject must be divided into two, and the one half given to the one, and the other half to the other. For the Oracle of Truth hath said, that one man cannot serve two masters. But in Scotland every man must serve two Masters, and (which is worse) many times disagreeing Masters. At the same time the Civill Magistrate hath command [...]d the Feast of the Nativity of our Saviour to be obser­ved, and the Church hath forbidden it. At the same time the King hath summoned the Bishops to sit and Vote in Parliament, and the Church hath forbidden them.

In the year 1582. 158 [...] Monsieur-le-mot, a Knight of the Order of the Holy Ghost, with an associate, were sent Ambassadours from France into Scotland. The Ministers of Edenburgh approving not his Message, (though meerly Civill,) inveigh in their Pulpits bit­terly against him, calling his White Crosse the badge of Antichrist, and himself the Ambassadour of a Murtherer. The King was ashamed, but did not know how to help it; The Ambassadours were discon­tented, and desired to be gone: The King willing to preserve the ancient Amity between the two Crownes, and to dismisse the Am­bassadours with content, Febr. 16 [...] requires the Magistrates of Edenburgh to feast them at their departure; At Saint Gil [...] Church. so they did; But to hinder this feast, upon the Sunday preceding, the Ministers proclame a [...]ast to be kept the same day the Feast was appointed; and to detaine the people all day at Church; the three Preachers make three Sermons, one after another without intermission, thundring out curses against the Magistrates aud Noblemen which waited upon the Am­bassadors [Page 28] by the Kings appointment. Neither stayed they here, but pursued the Magistrates with the censures of the Church, for not observing the Fast by them proclaimed; and with much difficulty were wrought to abstaine from Excommunicating of them; which censure, how heavy it falls in Scotland, you shall see by and by. To come yet neerer, the late Parliament in Scotland injoyned men to take up Armes for delivery of their King out of prison; The Commissioners for the Assembly disallowed it; and at this present how many are chased out of their Country? How many are put to publike repentance in sackcloth? how many are excommunicated, for being obedient to the Supreme Judicatory of the Kingdom, that is, King and Parliament? Miserable is the condition of that people where there is such clashing and interfereing of Supreme Judicatories and Authorities. If they shall pretend that this was no free Parli­ament: First, they affirm that which is not true; either that Parli­ament was free, or what will become of the rest? Secondly, this plea will advantage them nothing; for (which is all one with the former) thus they make themselves Judges of the validity o [...] invaidity of Parliaments.

FRom the Essentiall body of the Kingdom we are to proceed to the representative body, which is the Parliament. We have already seen, how it attributes a power to Nationall Synods to re­strain Parliaments, and to abrogate their Acts, if they shall judge them prejudiciall to the Church. We need no other instance, to shew what small account Presbyteries do make of Parliaments, then the late Parliament in Scotland. Not withstanding that the Parliament had declared their resolution to levy forces vigorously, and that the [...] did expect as well from the Synods and Presbyteries, as from all other his Majecties good Sujects, a ready obedience to the commands of Par­liament, and Committee of Estates. ‘The Commissioners of the As­sembly not satisfied herewith, [...] do not onely make their propo­salls, that the grounds of the Warre and the breaches of the Peace might be cleared, that the union of the Kingdomes might be preserved, that the popish and prelaticall party might be suppressed, that his Majesties offers concerning Reli­gion might be declared unsatisfactory, that before his Majesties restitution to the exercise of his Royall power, he shall first [Page 29] engage, himself by solemn Oath under his hand and Seal, to passe Acts for the settlement of the Covenant and Presbyterian Government in all his Dominions, &c.’ And never to oppos [...] them, or endeavour the Change of them, (An usurer will trust a bankrupt upon easier tearms, then they will do their Soveraign,) and lastly, that such persons onely might be intrusted, as had given them no cause of jealousie, (which had been too much, and more then any Astates in Europe will take in good part from half a dozen Ministers. De [...]la [...].) But afterwards by their publick Declaration to the whole Kirk and Kingdom, set forth that not being satisfied in these particulars, they do plainly dissent and disagree, and declare that they are clearly perswaded in their consciences, that the Engagement is of dangerous consequence to true Religion, prejudiciall to the Li­berty of the Kirk, favourable to the Malignant party, inconsistent with the union of the Kingdom; Contrary to the word of God and the Covenant, wherefore they cannot allow either Ministers or any other whatsoever to concurre and cooperate in it, and trust that they will keep themselves free in this businesse, and choose affliction rather then iniquitie. And to say the Truth, they made their word good. For by their power over the Church-men, and by their influence upon the people, and by threatening all those who engaged in that action with the censures of the Church, they retar­ded the Levies, they deterred all preachers from accompanying the Army to do divine offices. And when Saint Peters keyes would not serve the turn, they made use of Saint Pauls sword, and ga­thered the countrey together in arms at Machleene-Moore to op­pose the expedition.

So if the high court of Parliament will set up Persbytery, they must resolve to introduce an higher court then themselves, which will overtop them for eminency of authority, for extent of power, and greatnesse of priviledges, that is, a Nationall Synod.

First for authority, the one being acknowledged to be but an humain convention, the other affirmed confidently to be a divine institution. The one sitting by vertue of the Kings writ, the o­ther by vertue of Gods writ. The one as Councellers of the Prince, the other as Ambassadours and Vicars of the Sonne of God. The one as Burgesses of Corporations, the other as Commissioners of Jesus Christ. The one judging by the law of the land, the other by the holy Scriptures. The one taking care for this temporall life, the other for eternall life.

[Page 30]Secondly for power, as Curtius saith, ubi multitudo vana religi­one capta [...]st, melius vatibus s [...]uis quam ducibus paret, where the multitude is led with superstition, they do more readily obey their Prophets then their Magistrates. Have they not reason? Pardon us O Magistrate, thou threatenst us with prison, they threaten us with hell fire. Thy sentence deprives us of civill protection, and the benefit of the law, so doth theirs indirectly, and withall makes us strangers to the common-wealth of Israel. Thou canst out­law us, or horn us, and confiscate our estates, their keyes do the same also by consequence, and moreover deprive us of the prayers of the Church, and the comfortable use of the blessed Sacrament. Thou canst deliver us to a Pursevant, or commit us to the Black Rod, they can deliver us over to Sathan, and commit us to the prince of darknesse.

Thirdly for priviledges, the priviledges of Parliament extend not to treason, felony, or breach of peace, but they may talke treaso [...], and act treason in their pulpits and Synods without controlment. They may securely commit not onely petilar [...]iny but Burglary, and force the dores of the pallace Royall. They may not onely break the peace, but convocate the Subjects in armes, yea give warrant to a particular person, to conveen them by his letters missives, ac­cording to his discretion, in order to religion. Of all which we have seen instances in this discourse. The priviledges of Parliaments are the Graces and Concessions of man, and may be taken away by humane Authority, but the priviledges of Synods they say are from God, and cannot without Sacriledge be taken away by mortall man. The two Houses of Parliament cannot name Commissioners to sit in the intervalls, and take care ne quid detrimenti capi at res [...] publica, that the Common-wealth receive no prejudice; But Sy­nods have power to name vicars Generall, or Commissioners, to sit in the intervalls of Synods, and take order that neither King nor Parliament nor people do incroach upon the Liberties of the Church. If there be any thing to do, they are (like the fox in Aesops fables,) sure to be in at one end of it.

TOwards particular persons this Discipline is too full of rigour▪ 1 [...]o [...]ok dis. 7. head. like Dracos lawes that were written in blood. First in lesser faults, inflicting Church censures upon slight grounds, As for an [Page 31] uncomely gesture, for a vain word, for suspition of covetousnesse or pride, for superfluity in raiment, either for cost or fashon, for keeping a table above a mans calling or means, for dancing at a wedding, or of servants in the streets, for wearing a mans hair a­la mode, for not paying of debts, for using the least recreation up­on the Sabbath, though void of scandall, and consistent with the duties of the day. I wish they were acquainted with the practise of all other Protestant Countries. But if they did but see one of those kirmess [...]s which are observed in some places, the pulpit, the consistory, the whole Kingdom would not be able to hold them. What dig [...]adiations have there been among some of their sect a­bout starch and cuffes, &c. just like those grave debates which were sometimes among the Franciscans, about the colour and fashion of their gowns? They do not allow men a latitude of dis­cre [...]ion in any thing. All men, even their Superiours must be their slaves or pupils. It is true they begin their censures with admoniti­on, and if a man will confesse himself a delinquent, be sorry for giving the Presbyters any offence, and conform himself in his hair, apparrell, diet, every thing, to what these rough hewen Cato's shall prescribe, he may escape the stool of repentance, otherwise they will proceed against him for contumacy, to Excommunication.

Secondly this discipline is oppressive in greater faults. The same man is punished twice for the same crime, first by the Magistrate according to the lawes of God and the land, for the offence: then by the censures of the Church for the scandall. Theor, 63. To this agrees their Synod, Nothing forbids the same fault in the same man to be punish­ed one way by the politicall power, another way by the Ecclesiasti­call; by that under the formallity of a crime with Corporall or pecu­ [...]iary punishment, by this under the formallity of scandall with spi­rituall censures. 1 Book 9 [...]ead Pag. 44. And their book of discipline, If the civill sword foolishly spare the life of the offender, yet may not the Kirk be negli­gent in their office. Thus their Liturgy in expresse termes, All crimes which by the law of God deserve death, Sco [...] ▪ lit. 4 [...]. deserve also excommu­nication, 47. Yea though an offender abide an assise, and be absol­ved by the same, yet may the Church injoyn him publick satisfacti­ [...], Or if the Magistrate shall not think fit in his judgement, or cannot in conscience prosecute the party upon the Churches intima­tion, the Church may admonish the Magistrate publickly. And if to remedy be found, excommunicate the offender, first for his [Page 32] crime, and then for being suspected to have corrupted the judge. Observe first that by hook or crook they will bring all crimes whatever great and small, within their Jurisdiction. Secondly observe that a delinquents triall for his life is no sufficient satisfaction to these third Cato's. Lastly, observe that to satisfie their own humor, they care not how they blemish publickly the reputation of the Magistrate upon frivolous conjectures.

Thirdly, adde to this which hath been said, the severity and ex­treame rigour of their Excommunication, 1 Book dis. 7. hea [...]. after which sentence ‘no person (his wife and family onely excepted) may have any kinde of conversation with him that is excommunicated, they may not eate with him, nor drink with him, nor buy with him, nor sell with him, they may not salute him, nor speak to him, [except it be by the license of the Presbytery,] His children begotte [...] and born after that sentence, and before his reconciliation to the Church, may not be amitted to baptisme, untill they be of age to require it, or the mother or some speciall frind being a member of the Church present the childe, obhorring and damn­ing the iniquity and obstinate contempt of the Father.’ Adde further that upon this sentence letters of horning (as they use to call them in Scotland) do follow of course, that is an outlawing of the praty, a confiscation of his goods, a putting him out of the Kings protection, 79. Arti [...]l. 1599. so as any man may kil [...] him, and be unpunished; yea, the party excommunicate is not so much as cited to hear th [...]se fatall Letters granted. Had not David reason to pray, Let me fall into the hands of the Lord, not into the hands of men, for their mercies are cruell. Cruill indeed, that when a man is prosecuted for his life, prehaps justly, prehaps, unjustly, so as appearing and hanging are to him in effect the same thing; yet if he appear not, this pitifull Church will Excommunicate him for contumacy: Whether the offender be convict in judgement, Scot. Lit. 47 or be fugitive from the Law, the Church ought to proceed to the sentence of Excommunica­tion; as if the just and evident fear of death did not purge away contumacy.

LAstly, this Discipline is burthensome and disanvantagious to all orders of men. The Nobility and Gentry must expect to follow the fortune of their Prince. Vpon the abatement of, Monar­chy [Page 33] in Rome, remember what dismall controversies did presently spring up between the Patricii and Plebei. They shall be subjected to the censures of a raw heady novice, and a few ignorant Arti­ficers; they shall lose all their advowsons of such Benefices as have cure of soules, as they have lately found in Scotland, for every Congregation ought to choose their own Pastour. They shall hazard their Appropriations and Abby-lands: A Sacrilege which their Nationall Synod cannot in conscience tolerate, longer than they have strength sufficient to overthrow it. And if they proceed as they begin, the Presbyters will in a short time either accomplish their designe, or change their soyle. They shall be bearded and maited by every ordinary Prisbyter, witnesse that insolent speech of M. Robert Bruce to King Iames, Sir, I see your resolution is to take Huntley in favour; if you doe, I will oppose; You shall choose whether you will lose Huntley or me; for us both you cannot keep. It is nothing with them for a pedant to put himselfe into the bal­lance with one of the prime and most powerfull peers of the Realme.

The poor Orthodox Clergy in the meane time shall be undone, their straw shall be taken from them, and the number of their bricks be doubled: They shall lose the comfortable assurance of an undoubted succession by Episcopall Ordination, and put it to a dangerous question, whether they be within the pale of the Church: They shall be reduced to ignorance, contempt, and beggery; They shall lose an ancient Liturgy, (warranted in the most parts of it by all, in all parts of it, by the most publick formes of the Protestant Churches, whereof a short time may produce a parallel to the view of the world,) and be enjoyned to prate and pray non-sence everlastingly. For howsoever formerly they have had a Liturgy of their own, as all other Christian Churches have at this day; yet now it seems they allow no prayers, but extempo­rary. So saith the information from Scotland, It is not Lawfull for a man to tye hims [...]lf, Motus B [...]nici [...] or be tyed by others, to a perscript form of words in prayer and exhortation.

‘Parents shall lose the free disposition of their own children in marriage if the childe desire an husband or a wife, 1 Book dis. 9 hea [...]. and the pa­rent gainstand their request, and have no other cause than the common of men have, to wit lack of goods, or because the other [Page 34] party is not of birth high enough, upon the childes desire, the Minister is to travail with the parents, and if he finde no just cause to the contrary, may admit them to marriage.’ For the work of God ought not to be hindered by the corrupt affections of worldly men. They who have stripped the father of their Countrey of his just right, may make bold with fathers of families, and will not stick to exclude all other fathers, but themselves out of the fifth Com­mandement. The doctrine is very high, but their practise is yet much more high, The Presbyteries will compell the wronged parent to give that childe as great a portion as any of his other children.

It will be ill newes to the Lawyers to have the moulter taken away from their Mills upon pretence of scandall, or in order to Religion, to have their sentences repealed by a Synod of Presby­ters, and to receive more prohibitions from Ecclesiasticall Courts, than ever they sent thither.

All Masters and mistresses of families, of what age or condi­tion soever, 1 Book dis. 9 he [...]d. must come once a year before the Presbyter, with their housholds, to be examined personally whether they be fit to receive the Sacrament, in respect of their knowledge, and otherwise. And if they suffer their children or servants to continue in wilfull igno­rance (what if they cannot help it?) they must be excommunicated. It is probable, the persons catechised could often better instruct their Catechists.

The common people shall have an High-Commission in every parish, and groan under the Arbitrary decrees of ignorant unex­perienced Governours, who know no Law but their own wills, who observe no order but what they list; from whom lyes no ap­peale but to a Synod, which for the shortnesse of its continuance can afford, which for the condition of the persons will afford them little relif. If there arise a private jar between the parent and the child, or the husband and the wife, these domesticall Judges must know it, and censure it.

And if there have been any suit or difference between the Pastor and any of his flock, or between Neighbour and Neighbour, be sure it will not be forgotten in the sentence. The practice of our [Page 35] Law hath been, that a Judge was rarely permitted to ride a circuit in his owne countrey, least private interest or respects might make him partiall. Yet a Country is much larger than a Parish, and a grave learned Judge is presumed to have more temper than such homebred fellowes. Thus we see what a Pandoras box this pre­tended holy Discipline is, full of manifold mischiefes, and to all orders of men most pernicious.

BUt yet the conscience of an Oath sticks deep. Some will plead, that they have made a Covenant with God, for the introduction of this Disciplne. Oaths and Vowes ought to be made with great judgement and broken with greater. My next task therefore must be to demonstrate this clearly, that this Cove­nant is not binding, but meerly void, and not onely void but wicked; so as it is necessary to break it, and impious to ob­serve it.

The first thing that cracks the credit of this new Covenant is, that it was devised by strangers, to the dishonour of our Nation, imposed by Subjects, who wanted requisite power upon their So­varaign and fellow-subjects, extorted by just feare of unjust suf­ferings. So as I may truly say of many who took this Covenant, that they sinned in pronouncing the words with their lips, but ne­ver consented with their hearts to make any vow to God.

Again, errour and deceite make those things voluntary to which they are incident, espcially when the errour is not meerly negative by way of conce [...]lement of truth, when a man knowes not what he doth, but positive, when he beleeves he doth one thing, and doth the clean contray, and that not about some inconsiderable accidents, but about the substantiall conditions. As if a Physiti­an, either out of ignorance or malice, should give his Patient a deadly poyson under the name of a cordiall, and bind him by a solemn oath to take it, the Oath is void, necessary to be broken, unlawfull to be k [...]pt; if the patient had known the truth, that it was no cordiall, that it was poyson, he would not have sworn to take it: Such an errour there is in the Covenant with a [Page 36] witnesse, to gull men with a strange, unknown, lately devised platforme of Discipline, most pernicious to the King and King­dome, as if it were the very institution of Christ, of high advan­tage to the King and Kingdome, to gull them with that Covenant which King Iames did sometimes take, as if that and this were all one, whereas that Covenant issued out by the Kings Authority, this Covenant without his Authority, against his Authority; that Covenant was for the Lawes of the Realm, this is against the Lawes of the Realm; that was to maintain the Religion esta­blished, this to overthrow the Religion established: But because I will not ground my Discourse upon any thing that is disputable, either in matter of Right, or Fact; And in truth, because I have no need of them, I forgive them these advantages, onely with this gentle memento, That when other forraign Churches, and the Church of Soctland it selfe (as appeares by their publike Li­turgy used in those dayes) did sue for aid and assistance from the Crown and Kingdom of England, they did not go about to ob­trude their owne Discipline upon them, but left them free to choose for themselves.

The grounds which follow are demonstrative; First, no man can dispose that by vow, or otherwise, either to God or man, which is the right of a third person without his consent: Neither can the inferiour oblige himself to the prejudice of his Superiour, contrary to his duty, without his Superiours allowance: God accepts no such pretences, to seem obsequious to him, out of the undoubted right of another person. Now the power of Armes, and the defence of the Lawes, and portecti­on of the Subjects by those Armes, is by the Law of England clearly invested in the Crowne. And where the King is bound in con­science to protect, the Subject is bound in conscience to assist. Therefore every English Subject owes his Armes and his Obedi­ence to his King, and cannot dispose them as a free gift of his owne; nor by any act of his whatsoever diminish his Soveraignes right over him, but in those things wherein by Law he owes sub­jection to his Prince, he remaineth still obliged, notwithstanding any Vow or Covenant to the contrary; especially when the sub­ject and scope of the Covenant is against the konwn Lawes of the Realm. So as without all manner of doubt, no Divine or [Page 37] Learned Casuist in the world dissenting: This Covenant is ei­ther void in it self, or at least voided by his Majesties Procla­mation, prohibiting the taking of it, and nullifying its obli­gation.

Secondly, It is confessed by all men that, that an Oath ought not to be the bound of iniquity, nor doth oblige a trans­gressour. The golden rule is, in malis pr [...]missis rescinde fidem, in turpi voto muta decretum, To observe a wicked engagement doubles the sinne: Nothing can be the matter of a Vow or Co­venant, which is evidently unlawfull. But it is evidently un­lawfull for a Subject or Subjects to alter the Lawes established by force, without the concurrence, and against the com­mands of the Supreme Legislator, for the introduction of a forraign Discipline. This is the very matter and subject of the Covenant. Subjects vow to God, and swear one to another to change the Lawes of the Realm, to abolish the Discipline of the Church, and the Liturgy lawfully established, by the Sword, (which was never committed to their hands by God or man,) without the King, against the King, which no man can deny in earnest to be plain rebel [...]ion. And it is yet the worse, that it is to the main prejudice of a third order of the Kingdom, the taking away whose rights without their consents, without making them satisfaction, cannot be justified in point of conscience, (Yea though it were for the greater convenience of the Kingdom, as is most falsely pretended,) And is harder measure than the Abbots and Friers received from Hanry the eight, or than either Christians or Turkes do offer to their con­quered enemies.

Lastly a supervenient oath or covenant either with God or man, cannot take away the obligation of a just oath precedent. But such is the Covenant, a subsequent oath, inconsistent with, and destuructive to a precedent oath, that is the oath of Supre­macy, which all the Church-men throughout the Kingdome, all the Parliament men at their admission to the house, all persons of quality throughout England have taken. The former oath acknowledgeth the King to be the onely supreame head, (that is civill head to see that every man do his duty in his cal­ling,) and Governour of the Church of England, The se­cond [Page 38] aoth or covenant, to set up the Presbyterian Gouernment as it is in Scotland, denieth all this virtually, maks it a poli­ticall papacy, acknowledgeth no governors but onely the Presbyters. The former oath gives the King the supream power over all persons, in all causes, The second oath gives him a power over all persons, (as they are subjects,) but none at all in Ecclesiasticall causes, This they make to be sacri­ledge.

By all which it is most apparent, that this Covenant was neither free nor deliberate, nor valide. nor lawfull, nor con­sistent with our former oathes, but inforced, deceitfull, in­valid, impious, rebellious, and contradictory to our former ingagements, and consequently obligeth no man to perfor­mance, but all men to repentance. For the greater certainty whereof I appeale, upon this stating of the case, to all the learned Casuists and Divines in Europe, touching the point of common right; And that this is the true state of the case, I ap­peal to our adversaries themselves. No man that hath any spark of ingenuity will denie it. No English-man who hath any tolerable degree of judgement, or knowledge in the laws of his countrey, can denie it, but at the same instant his conscience must give him the lie.

They who plead for this rebellion, dare not put it to a triall at law, they doe not ground their defence upon the lawes, but either upon their own groundlesse jealosie and fears, of the Kings in­tention to introduce Popery, to subvert the lawes, and to ensla [...]e the people. This is to run into a certain crime, for fear of an un­certain.

They who intend to pick quarrels, know how to feign suspi­cions. Or they ground it upon the succ [...]sse of their arms, or upon the Soveraigne right of the people, over all lawes and Magistrates, whose Representatives they create themselves, whilest the poor people sigh in corners, and dare not say their soul is their own, lamenting their former folly, to have contributed so much to their own undoing.

Or lastly upon Religion, the cause of God, the worst plea of all the rest, to make God accessary to their treasons, murthers, covetousnesse, ambition. Christ did never authorise Subjects to [Page 39] plant Christian Religion, much lesse their own fancticall dreames, or fantasticall devises, in the blood of their Soveraigne, and fel­low subjects.

Speak out, is it lawfull for Subjects to take up arms a­gainst their Prince meerly for Religion? or is it not lawfull? If ye say it is not lawfull, ye condemn your selves, for your Covenant testifieth to the world, that ye have taken up armes, meerly to alter Religion, and that ye bear no Alle­giance to your King, but onely in order to Religion, that is in plain terms, to to your own humours and conceits. If ye say it is lawfull, ye justifie the Independents in England, for supplanting your selves, ye justifie the Anabaptists in Ger­many, Iohn of Leyden and his cure. Ye break down the banks of Order, and make way for an inundation of bloud and confusion in all Countreys. Ye render your selves justly odious to all Christian Magistrates, when they see, that they owe their safety not to your good wills, but to your weaknesse, that ye want sufficient strength to cut their throats. This is fine doctrine for Europe, wherein there is scarce that King or State, which hath not Subjects of diffe­rent opinions and communions in Religion. Or lastly if ye say, it is lawfull for you to plant that which ye apprehend to be true Religion, by force of arms, but it is not lawfull for others to plant that which they apprehend to be true Religion by force, because yours is the Gospel, theirs is not. Ye beg the question, and make your selves ridiculously partiall by your overweening opinion, worse than that of the men of China, as if yee onely had two eyes, and all the rest of the world were stark blind. There is more hope of a fool, then of him that is wise in his own eyes.

I would to God we might be so happy as to see a Ge­nerall Councell of Christians, at least a Generall Synod of all Protestants, and that the first Act might be to denounce an Anathema Maranatha, against all brochers and main­tainers of seditious principles, to take away the scandall which lyes upon Christian Religion, and to shew that in the search of piety, we have not lost the principles of humanity. In the mean time, let all Christian Magistrates, who are principally [Page 40] concerned, beware how they suffer this Cockatrice egg [...] be hatched in their Dominions. Much more how they [...] for Baal, or Baal-Berith, the Baalims of the Covenant. [...] were worth the inquiring, whether the marks of Antio [...] do not agree as eminently to the Assembly Generall of S [...] ­land, as either to the Pope, or to the Turk: This we [...] plainly, that they spring out of the ruines of the [...] Magistrate, they sit upon the Temple of God, and they [...]vance themselves above those whom holy Scripture [...] Gods.