An ansvvere to M. I. Forbes of Corse, his peaceable warning

An answere to the first Chapter.

YOur historicall discourse upon the Con••ession of Faith. which you call, The short negative Confession, is unsuf∣ficient. For it was not only approved by the generall assem∣blyes holden in the yeare 1581; and then subscribed uni∣versallie, but also in the yeere 1590. by a charge from the secreet Counsell procured by the generall Assemblie. There was an Act made in the Assemblie holden in Iune 1587. that Students in Vnivrsities subscribe the Religion then e∣stablished and professed by the mercie of God within this Realme, before they bee promoved to Degries. Where∣upon, all such as have beene laureat in the Colledge of E∣dinburgh since that time to this present yeere to the num∣ber of 1500 or therabout have subscribed that Confession.

In the Assemblie holden in March 1589 some were ap∣pointed to seeke from the Clerk of Register a copie of the act made lately before concerning the new subscription of the Band, and the same Confession of Faith. Some were sent to petition the Counsell, that Commissions might bee given to such persons, as were agried upon before the hol∣ding of the Assembly, to receive de novo subscriptions to the Band of maintenance of Religion subscribed by his Ma¦jestie, and the same Confession of Faith, which was put in execution, and the Band was printed with the Con∣fession. Whereby you may perceive, what is meant by Religion in the Band of maintainance.

As you have your selfe cited sundrie acts of Parliament for the first Confession, you might have added an act of ap∣probation of this Confession also. In the 12 Parliament holden in Iune anno 1592. and act 123 it is declared, that no Subject shall injoy the benefite of the act of Pacifi∣cation made in Februar 1572. of aboltion made in Decem∣ber 1585. or of both ratified in Iulie 1587. unlesse they professe the true Religon, as the same was then professed within this Realme, and acknowledge his Highnesse Au∣thoritie. But the heads contained in that Confession were the points of Religion then professed within this Realme;

was not universall subscription p••eceeding a signe of pro∣fession, Was any subscription accepted but to that Con∣fession since it was first subscribed. The title of the Act sheweth, that by profession, is meant giving confession of their Faith. The conjoyning of the acknowledegment of the Kings authoritie with professing the true Religion, as it was then professed, leadeth ••s to that Confession: For in the end of that act, there 〈◊〉〈◊〉 a clause binding the subscri∣bers to acknowledge K. Iames to bee their Soveraigne Lord, which agrieth not with any other Confession. No other Confession of Faith can bee meant in the acts of Par∣liament following.

Whereas you saye, it was called The Kings Confession, because it was set out in the Kings Name, Wee saye, it might have beene as well so called, because it was first sub∣scribed by the King and Court. But there is no great mat∣ter, upon what ground it was so called by any. This is un∣doubted, that it was the Confession of the Kirk of Scotland that it was so taken by forraine Kirks, and therefore insert in the harmonie of the Confessions of the reformed Kirks, and there called in the superscription The Confession of the Faith of Scotland, which is a larger title, than to call it The Kings Confession. If that Confession which was uni∣versally subscribed by direction from Authoritie, and of the nationall assembly, may not justly bee called, The Con∣fession of the Kirk, let any man judge.

You say, because it insisteth most in rejecting of errours, it is also called The negative Confession. It is so called by Pa∣pists, and such as look back to Poperie, but not justly. For it consisteth of an affirmative part, comprehending the first Confession as these words doe expressely beare. Wee believe with our hearts, confesse with our mouths, subscribe with our hands, and constantly affirme before God, and the World &c. and of rejection of errours, for which you call it often The negative Confession, taking the denomination from a part, from the lesser part, and from the negative

part, rather than from the affirmative. Nay rather from the qualitie of the appendix to the old Confession, than of the Confession it selfe. For the rejection of errours is ap∣pended to the old Confession. This course to joyne the re∣jection of errours with positiue points of doctrine was fol∣lowed at the Counsell at Dort. Your selfe confesse that ma∣ny masked Papists subscribed the old Confession deceit∣fully, and therefore that this forme of consenting to the old, with a rejection of all contrarie Religion, and sundry popish errours particularly expressed, was drawne up to discover them. Was not that needfull, and the course lawfull? Whereas you say, a certaine reverend Brother, meaning Master Craig did it. Will any man thinke, that none did perceive the deceit of masked Papists, but hee alone? Or that hee presumed to draw up that forme with∣out the consent of other reverend Brethren. finding this course to bee necessarie, or that it could passe without ap∣probation of the generall Assembly. M. Alexander An∣derson Principall, M. Andrew Galloway Sub-principall. M. Andrew Anderson, M. Duncan Norie, Regents of the Colledge of Aberdene, were called before the Earle of Murrey Regent, and the Lords of privie Counsel, who were present with him in Aberdene in Iulie 1569. and were requyred to approve by subscription the old Confessi∣on of Faith, with all other Acts made concerning Chri∣stian Religion in the Parliamenrs holden at Edinburgh in August 1560. and December 1567. They were depri∣ved for their refusall of all honours, dignities, functions, preheminences, faculties, and priviledges within the said Colledge, and of libertie to instruct the youth in any part within this Realme. The Commissioner of the Kirk to the shirefdomes of Aberdene, & Bamfe, pronounced the like sentence, by the advice, counsell, and consent of the Ministers and Elders in these bounds. But so it is, that su••∣drie of these acts of Parliament, whereunto they were re∣quyred to subscribe, were negative, as you use the terme

or a rejection of popish errours, either in generall or parti∣cular, as the denyall of the Popes authoritie and jurisdicti∣on, the annulling of all Acts made since K. Iames the first his time, not agrieing with the word of God, and contra∣rie to the confession of Faith, then published, the condem∣ni••g of the Masse, baptising conforme to the manner of the popish Kirk, and the abrogating and annulling of all laws acts, and constit••tions, canons, civill, or municipall, con∣trarie to the said true Religion. So you see, that even then they thought it not enough to require subscription to the Confession, but also to abrenunce contrarie errours, spe∣cially popish. This Confession, which you call the nega∣tive, explaineth more particularly these acts. And ther∣fore in the title before it was called, A generall Confession of the true Christian faith & Religion, according to GODS Word, and Acts of Parliaments. It were good that the like course were taken with you, and your fellowes in A∣berdene to that which was taken with these before you, that is, to remove you, if you subscribe not that Confessi∣on, which you seeme to despyte so much. In the meane time, I would have you content to call it not the nega∣tive Confession, but the generall Confession; as the title beareth.

To the second Chapter.

YOu saye, divine authoritie appertaineth absolutely to the canonicall Scriptures, conditionally to other wri∣tings and sermons, to wit, in so far as they have the trueth revealed in the Scriptures contained in them. What if there bee no errour, but all trueth which is contained, wil you call them therefore absolutely divine? Wee professe, wee believe with our hearts, confesse with our mouthes, subscribe with our hands, and constantly affirme both be∣fore God and the World, that the Religion particularly expressed in the conf••ssion of Faith confirmed by sundrie acts of Parliaments is Gods eternall Trueth, and therefore you are bound to sticke to it howbeit wee hold not that

or any other confession absolutelie divine. For that testi∣monie, whether by word or writ is called divine, and hath absolutely divine authoritie, which hath God himselfe for the author of it, either immediatly by himselfe, or by the ministrie of men, to whom hee delivered his will by visi∣on, dreame, or immediat inspiration of the Spirit. Both the matter and diction are from GOD. If the testimonie of learned men agreable with the Scriptures might bee called divine absolutely and simply, then there should be no difference betweene the holy Scripture & the same wri∣tings of the learned. The Manicheans saide, that what Orpheus Sybilla, and the Philosophers of the Gentiles fore∣told of Christ,* 1.1 were of as great authoritie as the wordes of the Prophets. Augustine answereth, that if any trueth bee found in them, it availeth to their conviction, but not to bee holden in estimation or authoritie as the words of the Prophets. For the Devills, said hee, spake true things of Christ, yet were not of as great authoritie as the Angels. See in Gratian dist. 37. Sicut veri. But it may bee in stead of conditionally divine, you wold say in some regard or respect, that is in respect of the trueth of the mat∣ter, in which respect it cannot bee called conditionally di∣vine because it is alreadie so farre divine. And this is the expression of Divines, Etsi enim verae Ecclesiae judicium & testimonium dici possit divinum, non 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 sed 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉,* 1.2 nis mirum quatenus cum Scriptura sacra, & proinde cum Spi∣ritu sancto & revelata Dei voluntate congruit, tamen 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 considaratum non est divinum, sed humanum. quia non est immediate a spiritu sancto inspiratum. Alioqui omne juo dicium & testimonium cujuscun{que} hominis congruens cum sa∣cra scriptura esset divinum, at{que} ita jamnulla esset differen∣tia quoad authoritatem interscripta Prophetarum, & A∣postolorum & aliorum ecclesia Doctorum sacris literis con∣sentanea scribentium. So wee saye of our Confession of Faith, it is not simpliciter divine, but in respect of the matter & trueth contained into it, it may bee called in that

respect, and so farre only divine.

Where you saye, if wee find in the writings of men any thing repugnant to the holy Scriptures wee ought to reject it, correct it, or amend it; as our progenitours wil∣lingly professed in their epistle prefixed to their nationall Confession. That epistle or preface seemeth to have beene written in name of the Barons, Gentlemen, Burgesses, & other Subjects professing the true Religion, who after that they had in their Supplication to the Estates offered to prove the doctrine of the Roman Kirk to bee repugnant to the word of God, were cōmanded to draw up the summe of that doctrine, which they would maintaine. and desire the Parliament to ratifie. Within foure dayes after, it was presented and read, first before the Lords of the Articles, and after. before the whole Estates. Some of the Mini∣strie were present standing readie to answere, what might bee alleadged against it. The Bishops and others of a con¦trarie mind were charged in the name of GOD to object against it, if they could. Everie Article was read by it selfe. None would, nor could object in the contrare. The Eerle of Marshall protested, that no Ecelesiasticall person should afterward have place to oppone, considering, that time was granted them to advise, and none opponed in so free and peaceable a Parliament. After that none opponed by argument. The Confession it selfe (without their epistle prefixed, when it was exhibited by the Protestants, as the title beareth before the Confession) was authorized, as a doctrine grounded upon the infallible Word of God, as you may see, where it is insert in the acts of Parliament.

Apparently you would have no Confession of Faith ratifi∣ed and authorized, or to stand firme and stable, but that everie man may have libertie to impugne it. This were to unsettle a Kirk or Estate. After a Confession is ratified, none should bee suffered to be members, let bee office-bea∣rers in that Kirk, who refuse to subscribe or impugneth it private or publick, in schooles or pulpits, unlesse it be first

corrected by the Kirk and Estates, which hath approved and ratified it.

You say, that short Confession hath humane privat autho∣ritie, and is respected for the Penner, and many well affe∣cted christians subscribers. But that in this regard wee are no more tyed to this Confession then any part of Augustin Ambrose, Luther, or Calvins workes approved by manie good Chistians, nor that the obligation of the subscribers can be extended beyond their owne persons and lifetimes. But wee have told you already, that it is the Confession of the Kirk of Scotland, approved by the Kirk of Scotland, and subscribed universally by direction of authoritie at two sundrie times, which is more than to bee penned by M. Craig, and subscribed by many good Christians, or hath beene done to any part of Aagustine, Ambrose, Luther, or Calvins workes

Beza set forth a notable Confession of faith, which is ap∣proved by many good Christians, yet is esteemed only as a private worke. But so is not the generall confession of the Kirk of Scotland. The orthodox confession of a re∣formed kirk deserveth greater respect than the treatises or works of Ambrose, Luther &c. Sunt enim hae Confessiones orthodoxae, tanquam tabulae authentica, privatorum Docto∣rum scriptis anteponendae. as is said in the Latine preface to the Confessions of faith. There is good reason for it: for humane authoritie admitteth degrees. The publick is more valide than a private. Sententia communi omnium assensu recepta; longé probabilior erit sententia ea, quam unus & alter statuit. One man speaking according to Scripture is to bee prefered before a great assembly of doctours spea∣king without criptures: But then his judgement is pre∣ferred because of Gods authoritie. not for his owne. B••r wee are now comparing private men with a whole Kirk ceteris paribus, in regard of themselves, and consider hu∣mane testimony or judgement qua tale in so far as it is hu∣mane. To conclude this point, Wee are aswell tyed to

the generall Confession as to that which you call the natio∣nall, for the generall is nationall aswell as the first. In the meane time, you have showne litle respect either to the penner or subscribers, for you call it the negative Confessi∣on, the short negative Confession.

The supreme authoritie civill you distinguish in royall or legall, and the legall you make also royall. So then the royall power is royall or legall. Or you meane, the royall power is either conjunct with the Estates, as in making Lawes, because ne civiles quidem leges ex fua solius autho∣ritate ferre potest, as saith Burthillus contra Becani contro∣vers. pag. 66. or without their concurrence, as in gi∣ving remissions &c. But this you may call the royall Pre∣rogative. The power legall you should call legislative, or law giving power, which Polititians call 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. for the power of execution, or administration of justice shuld bee also legall▪ and ruled by the lawes. This short Confessi∣on, you say, had never authoritie legall, for it was never ratified by act of Parliament, but all the civill authoritie it had, was only royall by the Kings mandat. You would say imposed by vertue of his royall prerogative▪ I believe that his Majestie professing lately in his Declaration, that hee would not urge the Service booke farther but in a legall manner, would not impose upon us subseription to the Confession of Faith by his royall mandat, but in a legall manner. I am sure there is as great reason for the one as for the other. But wee have shewed already, that it hath beene ratified by act of Parliament universally recived & subscribed, which is equivalent to a Parliament. But more of this anone.

You saye, Authoritie ecclesiasticall was given to this Confession by two nationall Synods. But I have cited moe, which you have omitted, whether of set purpose, or otherwise, I referre to your owne conscience.

You saye, the Authoritie synodicall immediat, was that approbation, whereby these Synods declared this Confes∣sion

to bee a true, Christian, faithfull, and godly Con∣fession, and that such as truely professe Iesus Christ ought to agree thereto. That by this reason it tendeth to mani∣fest a divine authoritie of the confession of the doctrine thereof, and in respect of the matter so approved doth e∣quallie oblish all Christians. Wee have already cleared that point of divine authoritie wherein you have fumbled. As for the other point, wee doe think that all good Chri∣stians should embrace our Confession, Wee beeing persua∣ded, when wee subscribe, that it is the undoubted trueth grounded upon the written Word. But our intention was not to set downe a Confession of faith, whereunto all Christians in the world should bee tyed, but only such as will bee members of this Kirk, and to make knowne to the world what wee professe. For as it is well observed in the preface to the harmonie of Confessions. If every man bee commanded to make Confession of his Faith, so often as Gods glorie & the edification of the Kirk shall require, what a wonderfull and strange thing ought it to seeme, if Cities, if Provinces, if whole Kingdomes have made profession of their Faith, When they were falselie charged by the Popish sort, that they had gone from the doctrine of the true Kirke. You acknowledge you are obliged to reverence the judg∣ment of a nationall Synod of our Kirk in matters substanti∣all. Why not in matters also rituall and disciplinarie? for these I suppose you oppose to matters substantiall. Yet in matters substantiall, you professe you are no more oblid∣ged to hearken to those two Synods, than to the preceed∣ing, or following, or to the Synods in forraigne Kirks, or to the ancient Councells, that is, only by restriction. Yet you ought to depart from us, if you bee not of us; if your judgement bee not conforme to the judgement of our Kirk.

The ecclesiasticall authoritie mediat given by these Sy∣nods to this Confession you make to bee their injoyning Ministers to give obedience to his Majesties commande∣ment anent the said Confession. Is the ordinance of the As∣sembly

ecclesiasticall media••e authoritie. You vanish in your distinctions. An ordinance of an Assembly floweth immediatly from the ecclesiasticall authoritie or power of the Assembly▪ But you prove your mediat authoritie ec∣clesiasticall thus. Nothing is spoken in these statutes, but in relation to the Kings Majesties mandat and for a time, but that doth not make the power ecclesiasticall mediate, but only adj••vant or concurrent. I will tell you more, the Proclamation had taken small or no effect, if it had not beene seconded with the authoritie of the generall Assem∣bly. Yea it had beene a dangerous preparative to command Ministers to crave subscriptions to a Confession of Faith not approved by the Kirk. The worke was good, but the order preposterous. In the yeere 1589. the assembly began, and desired Commissions to be given to that effect and gave in a roll of such, as they had nominat to bee Com∣missioners, which was performed by the secret Counsell. You must knowe also that there have beene acts of Assem∣blies made for subscribing that Confession without relation to the Kings commandment, as for that students in schools and Vniversities made anno 1587 and this following Sess. 3. quarto Martij 1589. Anent subscriptions to the Con∣fession of Faith with protestation, that the Subscribers doe the same only to obey the King & his Lawes, the Assembly esteemeth of no such subscriptions, but ordaineth such persons to bee proceeded against, as against simple refusers. Suppose the two acts cited by your self make mention of the Kings mandat, yet they injoyne Ministers to doe the same thing that the mandat requyres, not beeing urged by the King or Counsell, but of their owne accord for furtherance of the work it selfe. The first Act requyred Ministers to fol∣low the tenor of the Proclamation. But the second Act differeth in some points from the tenor of it. Where the King with advice of the Counsell injoyned Ministers to de∣liver the Names of the refusers, and the processe led a∣gainst them to the Ministers of his House, under the pai••e

of fourtie pounds, the Assembly enjoyned them to report their diligence to the next Synods, that the same might bee reported to the generall Assembly, and that under the paine of deprivation.

They intended perpetuitie in these Acts: for they ac∣knowledged it to bee a true Christian conf••ssion worthie to bee received by all true professours, a godly and Chri∣stian confession, which ought to bee embraced by all the Kings subjects. where-upon they urged subscription. To approve a Confession, and to urge subscription, import an intent, that such as shall bee members of the Kirke, shall professe conforme to that Confession, and subscribe when they are requyred. When they ordained Students in time to come to subscribe, before they past their De∣gries, did they not intend perpetuitie. Did not the con∣tinuall practise afterward, when any suspect of Papistrie were requyred to subscribe, prove a perpetuitie was in∣tended at the first. If the first Confession standeth, be∣cause it is nationall; This other, or the former with this appendicle continueth for the same reason. For a Con∣fession subscribed universally through the whole Nation by direction of Authorititie both civill and ecclesiasticall may and should bee called nationall, and with as good rea∣son, as a Confession authorized by Parliament without subscription of the Subjects, the one beeing the collective, the other but the representative bodie. And yet it was also approved by Parliament, as I shewed before. Doth a∣ny Nation receive a Confession, but of purpose to conti∣nue in the same? If everie generation should change their Confession, what a reproach should it be to a Kirk? Heare the reproach of Papists. Quoties non mut arunt suam quis∣{que} sententiam. Quod edificant bodie, cras destruunt saye the Professours of Culane in their Antidiagma, that is, How oft have everie one of them changed their opinion. That which they build the day, they demolish the next day, And

Bellarmine sayeth likewise that the Catholick Kirk, mea∣ning the Catholick Roman, is not like the Synagogues of the Protestants, quae singulis annis non solum ritus, sed eti∣am fidem mutant,* 1.3 That change everie yeare not onely their rites. but their faith also.

You call the Kings charge his royall mandat, and make no mention of the Counsells advice and consent. You see the second act of the assembly cited by your selfe beareth, that the Kings Majestie, with advice of his Counsell hath set foorth and proclaimed &c. The Commissions given in March 1509 were given likewise by authoritie of the King and counsell. Which is more than you doe insinuate, and yet had not beene sufficient without approbation and concurrence of the Assembly.

You say, the vigour of the act of assembly remained no longer than the Kings mandat stoode, which expyring it did expyre also. I have shewed alredie, that these acts of assemblyes were not made by direction or injunction of any royall mandat, and have cited some acts which make no mention of any act of Counsell, or royall mandate, but respect the stablished course.

You subsume, and saye the mandat royall hath expyred long agoe, because it was no perpetuall law, but a tempo∣rarie mandat given out in his Majesties minor age. First, I answere that mandat was not onely given in his minori∣tie, but againe also in his Majoritie. Next, it was not only his Majesties mandat, but it was an act of Counsell. Doth not an act of counsell stand in force till it bee altered, or annulled. Thirdly, the mandat or act of Counsell be∣gan the worke not to continue for a time, but so long as the Kirk continued, Fourthly, it could not bee recalled, nor yet can bee either by act of counsell, or act of Parlia∣ment, because res non est integra. When they laboured to draw the whole Nation to subscription, intended they not the perpetuitie of a Confession. After the People were

brought on to sweare by the great name of the Lord to con∣tinue in the obedience of the doctrine and discipline of this Kirk, how could the mandat or charge bee recalled?

Your sentence therefore cited out of the glosse upon Gratians Decree, Causa sublata tollitur constitutio ex cau∣sa illa orta, maketh nothing for the expyring of the force of the acts of the Assembly. For both the acts of Counsell and assemblyes tended to establish a perpetuall Confession in this Kirke and Kingdome. So the vigour of these acts yet remaineth and continueth. Next, this sentence is ex∣plained causa 19 quaest. 2. cap. Duae sunt. Glossa, propter criminosos. Vbi aliquid statuitur propter impulsivam cau∣sam▪ causa cessante non ideo cessat constitutio, sed ubi ali∣quid propter finalem causam est statutum, ibi, si cessat cau∣sa, cessat constitutio. That is, A constitution doth not expyre, when the impulsive cause ceaseth, but when the finall cause ceaseth. But heere the impulsive cause of bring∣ing in this Confession was, as your selfe confesse, the deceit of Papists subscribing to the first Confession, mind∣ing thereby to subvert the true Religion, and the end of drawing up that Confession was to discover them. The same causes both impulsive and finall yet remaine. And suppose both should faile, there is another principall end wherefore Churches set foorth the Confessions of their Faith, to wit, to make knowne to the World, what they professe, as I have observed before out of the pre∣face to the harmonie of the Confession.

You prove the royall mandat to bee expyred first, be∣cause hee dissallowed this confession in a certaine speach uttered in conference at Hampton Court. There have beene sundrie copies of that conference spread abroad, and wee have no reason to believe Bishop Barloes report. Suppose the report were true, we allow the speach in a part. For it would have made the Book of the English articles to swel to a great volumne to insert everie negative position. But

thinke you that well applyed to this Confession: for it doth not containe everie negative position, but is on∣ly a rejection of sundrie popish errours particularly ex∣pressed, with generall clauses for rejection of the rest, as your selfe confesse in the 9 page. Neither is it a great vo∣lumne. How often doe your selfe call it a short Confession. You saye, it may bee gathered by that speach that hee did utterly disallow and annull that Confession. Hee allowed it before both in his none age, and majoritie. Next, it was necessarie for the discoverie of masked Papists, and still is for masked Papists and Ministers to use such formes of speach I detest, I abhorre &c. It is strange, that that should bee dislyked now, which was thought necessarie then. But suppose the forme of the Confession was disallow¦ed by that speach, yet could it not annull the former mandat

A speach uttered in a conference holden out of the Coun∣trie could not repeale the acts of Counsell made at home, and his owne publick Proclamation. Next, that speach was uttered. if uttered, in a free discourse to such as were there present, and was not delivered by way of precept, charge or declaration to us. M. Patrick Galloway in a letter dated the tenth of Februar, 1604. and directed to the Ptesbyterie of Edinburgh hath these words, Sundrie, as they favoured, gave out copies of things heere concluded. Where-upon I my selfe tooke occasion, as I was an eye and eare witnes, to set them downe, and presented them to his Majestie, who with his owne hand mended some things, and eeked other things which I had omitted. Which cor∣rected copie with his owne hand I have, and have sent you heerewith the just transsumpt of it word by word, But in that transsumpt there is no mention of such a speach, nor the least inkling against the Confession of our faith, which had beene verie pertinent and requisite, if hee had intend∣ed either a recalling of his mandat, or a declaration of his disallowance of that Confession. But suppose hee had, yet

as I have said, that could not bee a recalling of his royall mandat, the Confession of faith beeing authorized by acts of Counsell, acts of Assembly, and Parliament, neither could the Confession bee abandoned beeing alreadie receiv∣ed, sworne and subscribed by the Subjectes universallie. Doctor Andrews in his Tortura torti denyeth, that hee might have given libertie of conscience in respect of his oath, at his Coronation first in Scotland, and then in En∣gland. For then sayth hee, hee should bee twise perjured. Non semel perjurus esset quin bis si te andiat. You would draw upon him a greater guilt, that would have made him to draw others also into perjurie. You prove next, that the royall mandat was made voyde by his death, and expy∣red with the royall breath, and to this effect you cite the sentence following out of the glosse upon the 19 chapter of the first Booke of the Decretalls, Morte mandantis, ex∣pirat mandatum, which as you have cited: is false. But these words of the glosse are received, Mortuo manda∣tore, re existente integra, expirat mandatum. The scope of the text is to determine that the jurisdiction of him that is delegate expyreth not by the death of him who de∣legated, if there bee litiscontestation before his death, be∣cause then the matter is not whole and untouched. So like∣wise Iustinian sayeth of that mandatum that is contracted betwixt him that giveth, and him that undertaketh the charge of anye businesse, the Mandator and Mandata∣rius that the contract is loosed, if the death of any of them interveene before entrie to execution. Si adhuc integro mandato mors alterius interveniat. Such like in authora∣tive mandats, if hee to whom commission was given to put it to execution depart before hee put it in execution, there can bee no farther proceeding, till another bee pla∣ced in his rowme. But for the receiving the Confession of Faith, the Commissions given were put in execution both in the 1580 and 1590 yeares. The Confession bee∣ing

once received, sworne to and subscribed, could not bee recalled by the death of the King, who was the first beginner, and ringleader of the work. Doth a house fall with the death of the Master builder? Neither was that Confession received for the Kings Mandat, or direction alone, but for the act of Counsell also. Now the Coun∣sell never dyeth. For politick bodies are immortall, and continue by succession. Nor yet for the act of Counsell. but most of all and principally, for the ordinances and di∣rections of the generall Assembly. And last of all this Con∣fession of faith is nothing els but the first Confession enlarged with some generall clauses, and rejection of popish erours.

To the third Chapter.

YOu thinke it not convenient, that the negative Con∣fession bee authorized at this time, and subscriptions requyred thereto, and that for the reasons expressed in the conference at Hampton Court, and because of some am∣biguities, and no small difficulties therein. How valide your reason is alleadged by you out of the conference at Hampton Court let the Reader judge. No man complai∣ned of ambiguities and difficulties in it, till such as you are, began to pretend the same, because apparently your eyes were dazeled with the light thereof, and you saw perhaps that which you desired not to see. Howsoever, it is alrea∣dy sufficiently authorized, and needeth not to bee autho∣rized againe for want of authoriti••e. And seeing it is au∣thorized, all the members of this Kirk ought to subscribe it, and at this time especially, when the frame of Religion was like to be altered. If there bee any ambiguities, they may bee explained to the subscribers. Cavillators and ter∣giversators should be proceeded against as simple refusers. We aggree to the words of the 18 article in the Confession of Faith; but that maketh nothing against us, who are already perswaded, that our Confession is grounded upon the ho∣ly

Scriptures.

It is true, wee ought to bee busie instructing the peo∣ple in the positive groundes of trueth, but that hindereth us not to explaine to them points of heresie, which were set downe for masked Papists, and now Ministers them∣selves are leavened with Poperie & Arminianisme. Should not the true shepheard bee carefull to warne the sheep, if they bee in danger of the Wolfe.

If any of us have given any other interpretation then the Confession of faith it selfe will beare, wee shall bee ready to passe from it, when wee shall be convinced. You are sorie that some of us in printed workes condemne Episcopacie, and the five Perth articles. What any have writtten I trust they will bee ready to defend. For the present, I maintaine that by this Confession, which you call the ne∣gative, wee abjure Episcopacie. For in this Confession, wee protest that wee detest the Romane Antichrist, his worldlie Monarchie, and wicked Hierarchie. The Popish hierarchie doth consist of Bishops, Presbyters, and Dea∣cons, that is, baptising and preaching Deacons. For it is so determined by the Councell of Trent. in the 4. chap. de Sacramento ordinis, Can. 6. Si quis dixerit in ecclesia catholica non esse hierarchiam divina ordinatione institutā, quae constat ex Episcopis, Presbyteris & ministris; anathe∣masit. Bellarmine likewise in his booke de clericis cap. 11. answering to Chemnitius, alledging Dionysius Areopa∣gita, for three orders only, to wit, of Bishops. priests, and dea••ons, whom hee calls Ministers, sayeth, that that Dionysius did not set downe the number of the Orders, but of the hierarchies. For sayth hee, there are three hierar∣chies in the militant Kirke, the first of Bishops, the se∣cond of priests; the third of Deacons, and that the dea∣cons are also princes if they bee compared with the peo∣ple: but for inferiour orders, subdeacons, acolythes, le∣ctors, exorcists, and ostiaries or doore keepers, they beare

no rule or charge over the people, but onely serve the Deacons or the priests, For hierarchie properly is sacer principatus, a sacred preheminence or rule. The fore-na¦med counterfeit writer Dionysius, calleth the Bishop, the Hierarch, because hee is the chiefe Hierarch. The Pope himselfe is not within the hierarchie, primats, Metropo∣litans, or Arch-bishops, but as they are Bishops. Where∣as some alledge, that in our Confession wee detest and ab∣horre his hierarchie, that is to bee interpret, as the rest are to be interpreted to be his, as canonization of Saints. dedicating of Kirkes, dayes, altars. &c. are called his, not that there is another lawfull canonization, or dedicating of Kirkes, dayes, altars, &c. Whereas some alledgde, that this hierarchie was before there was a Pope. Wee an∣swere, that it is called his, notwithstanding, as dedicating of Kirks, dayes, altars, oyle, salt, &c. are called his. Be∣cause what ever corruption was in the Kirk, either in do∣ctrine, worship, or government of the Kirk, since the my∣sterie of iniquitie began to work. that is, Poperie began, so much as hee retained and maintained, and obtruded by his authoritie upon the Kirke are his. Next we must con∣sider the Pope or Roman Antichrist not only in his growth and perfite age, but from his conception, and first birth.

Farther this hierarchie is distinguished in the confession from the Popes Monarchie. Neither can it bee interpre∣ted of the manifold orders in the Kirke of Rome. For that is mentioned before in the Confession of faith; where, we ab∣jure his manifold orders. Next in the Confession of faith, we professe that we abhorre and detest all kinde of Papistrie in generall and particulare heads, even as they were then dam∣ned, and confuted by the Word of GOD. and Kirke of Scot∣land. But so it is, that the office of a Bishop was condemned by the Kirk of Scotland, and confuted in the pulpits, by M, Lowson, M. Arburthnot. M. Pont, and many other godly and learned men. From the yeere 1575 to 1579,

when the heads of constant policie and plat-forme of disci∣pline were agitate in Assemblyes, it was declared, that such as had the Bishoprickes, and were called Bishops, should bee tyed to particulare flocks, that they should be called by their owne names, or the name of brethren, that they should bee content with reasonable rent, and not lift up for the maintenance of their ryotousnesse, the emolu∣ments of the Kirk, which may sustaine many Pastors, the Schooles and the poore: that they should not claime the titles of temporall Lords, that they should not usurpe cri∣minall jurisdiction, that they should not exerce temporall jurisdiction. that they must not empire above particulare elderships, nor usurpe the power of presbyteries- In re∣forming the corruptions of that estate, they abolished E∣piscopacie, after they had agreed on all the heades of the constant policie, in Aprile anno 1578 which are extant in the booke of policie, or 2 booke of discipline. But be∣sides, there was a speciall act made in Iulie 1580 at Dundie with full consent of the whole Assembly against the office, as followeth,

For às much as the office of a Bishop, as it is now used, and commonly taken within this Realme, hath no warrant, authori∣tie, nor ground in the word of God, but is brought in by the fol∣ly of mans invention, to the great overthrow of the Kirke of God, The whole Assembly of the Kirke in one voice, after libertie given to all men to reason in the matter, non••opponing themselfe in defending the said pretended office, finds and de∣clares the said pretended office, used and termed as is above∣said, unlawfull in it self, as having neither fundament, ground, nor warrant in the scriptures of God. and ordaines, that all such persons, as brook••, or shall brooke heereafter the said of∣fice, shall bee charged simplie to dimitt▪ quyte and leave off the same, as an office▪ whereunto they are not called by God; and suchlike, to desist and cease from all preaching of the Word, ministration of the Sacraments, or using any way the office of

Pastors, till they receive de novo admission from the general Assembly, under the paine of excommunication, wherein if they bee found disobedient, or to contraveene this Act in any point, the sentence of excommunication after due admonition is to bee executed against them.

The Confession of faith was not authorized and subscrib∣ed till March, and the yeere following. It is cleare then, that that office is abjured in the Confession of Faith, se∣ing it was consuted by the word of God and Kirk of Scot∣land. In the Assembly holden at Glasgow in April 1581 we have this Declaration in the sixth Session, Anent the act made in the assembly holden at Dundie against Bishops, be∣cause some difficultie appeared to some Brethren to arise out of the word Office, contained in the said act, what should bee meant thereby, the Assembly consisting for the most part of such as voted, and were present in the assem∣bly at Dundie, to take away the said difficultie. resolving u∣pon the true meaning and understanding of the said act, de∣clareth, that they meant wholly to condemce the whole state of Bishops, as they are now in Scotland, and that the same was the determination and conclusion of the Assem∣bly at this time.

Thirdly, in that Confession we professe, that we joyne our selves, willingly to this true reformed Kirke, in doctrine, faith, Religion, discipline, & use of the Sacraments, as livelie membere of the same in Christ our head, promising & swear∣ing by the great name of the LORD our GOD, that we shall continue in the obedience of the doctrine and discipline of this Kirke, & shall continue in the same according to our vocation and power all the dayes of our life, under the paines contained in the Law, and danger both of body and soule in the Daye of Gods fearefull Iudgment. But so it is, that the Episcopall governement was damned and the presbyteriall rested u∣pon as most consonant to the word of God, & to be obser∣ved in all time comming, before the Confession of faith was

subscribed. And while the generall assemblies wtre about the constitution of presbyteries, the King sent with the Laird of Capringtoun to the assemblie holden at Glasgow in Aprile 1581 a plot drawne up for that purpose, together with a letter which was to bee sent to the Noble-men and Gentlemen in the bounds for furtherance of the worke, which being considered and made more perfite, some were appointed by the assembly to see presbyteries erected eve∣rie where. The Confession of Faith was subscribed by the King and his houshold in Ianuar preceeding, and injoyned in March to be subscribed by the subjects, which Confession was approved by this assembly holden in Aprile, when di∣rections were given for erection of Presbyteries. The subscription to the Confession and erection of presbyteries went forward together the same yeare. So the discipline by presbyteries was sworne to, and not by diocesian Bishops, or yet Superintendnets, which ceased in the yeere 1575. In the generall assembly holden in August 1590, it was or∣dained as followeth,

For as much, as it is certaine, that the word of God cannot bee kept in sinceritie, vnlesse the holy discipline bee observed, it is therefore by common consent of the whole brethren & Cō∣missioners present concluded, that whosoever hath borne of∣fice in the ministrie within the Kirk of this realme, or present∣ly beareth, or hereafter shall beare office therein shall be char∣ged by every particular Presbyterie where they are resident, to subscribe the heads of the discipline of the Kirk in this re∣alme, at length set down & allowed by act of the whole assem∣bly in the botk of policie, which is registred in the register of the Kirk, & namely the heads controverted by the adversaries to discipline of the reformed Kirke within this realme, betwixt and the next synodall assemblies of the Provinces under the paine of Excommunication to bee executed against the none subscribers. & that the presbyteries which shall bee found re∣misse or negligtnt heerein shall bee rebuked publickely by the

whole assembly, and to the end the said discipline be knowne as it ought to bee, by the whole brethren, it is ordained, that the Moderator of each Presbyterie shall receive frō the clerk of the assembly a copie of the said book under his subscription upō the expensses of the presbyterie, betwixt and the first daye of September next to come, under the paine to be accused openly in face of the whole Assembly. The same yeere 1590 the Confession of faith was again subscribed universally throgh∣out the whole realme. It is cleare then what policie or dis∣cipline was then allowed & meant in the Confession of faith. In the Parliament holden anno 1592 it was ordained, that all presentations to benefices bee directed to particular pres∣byteries in time cōming with full power to give collation there∣upon, & to put order to all matters and causes ecclesiasticall within their bounds, according to the discipline of the Kirke. Whensoever their was any meaning to erect that estate of Bishops, the Confession of faith was alledged in the con∣trare, as first in a dialogue writen anno 1585 by some lear∣ned and reverend Minister, and more at length anno 1606, when their estate was restored by Parliament; M. Andrew Melvill, M. Iames Melvill, and sundrie other Ministers commissioners from presbyteries subscribed that protesta∣tion, which is extant in print in that booke, which is enti∣tuled the Course of conformitie, and among the rest M. Wil∣liam Cowper, late Bishop of Galloway. M. Adam Ballen∣dine now Bishop of Aberdene, and M. Iohn Aburnethie now Bishop of Cathnesse, who therefore are guiltie of that haynous crime, which the estates were desired to avoyde.

In this Protestation the reverend brethren have these words following, Above all things, my Lords, beware to strive against God with an open & displayed banner, by buil∣ding up againe the walls of Iericho, which the Lord hath not only cast downe, but also hath layd them under a terrible int••r¦diction & execration, &c. But the Noblemen and Sates of this realme have the reverence of the oath of GOD made by

themselves, and subscribed with their owne hands in the Con∣fession of Faith, called the Kings Majesties Confession, pub∣lished more than once or twise, and sworne by his most excel∣lent Majestie, and by his highnesse Nobilitie, Estates, and whole Subjects of the realme, to hold them back from the set∣ting up the dominion of Bishops. Because it is of veritie, that they subscrived and swore the said Confession, containing not only the maintenance of the true doctrine, but also of the disci∣pline professed within the realme of Scotland. In the verifi∣cation of the points offered to bee proved in the Protestati∣on, they have these words in the 4. cap. But so it is, that the Bishoprie is one of the greatest errours and corruptions thereof, (that is, of the adulterous Kirke of Rome) and hath no arguments of Scripture, Fathers, Councells, nor reason, but the selfesame, that the Papists use. and in the 5 cap. we have these words. If so bee, that the setting up of Bishops will throw downe the discipline of our Kirke, or if that office hath any thing to doe with these corruptions of Papistrie and Antichristian hierarchie, the King our Soveraigne his most excellent Christian Majestie, and his Highnesse most ancient religious and noble estates of Parliament, if there were none other reaeson but this one; would not for all the world fall un∣der the danger of so horrible a perjurie against God to set up Bishops againe &c. But so it is, as all men knowe, the discipline and governement of the Kirk▪ exercised by presby∣teries and Bishops, are so farre opposed one to another, that when the one is set up, the other must downe of force. There fore the subscribers and swearers of the former Confession, if they should (as God forbid) goe about to set up Bishops and E∣piscopall governement, they could not eshew the cryme of hor∣rible perjurie, execrable apostasie, and most cursed reparing of Iericho. The Reader may find more to this purpos•• in the Protestation it selfe, & verification insert in the course of conformitie above mentioned. This much for Episco∣pacie, that it cannot consist with the Confession of Faith.

That the five Articles are likewise abjured in the Con∣fession of Faith is cleare, For in the Confession wee professe We abhore and detest all heads of Popery, as they were then damned and confuted by the Word of God, and kirk of Scotland his five bastard Sacraments, with all his rites and ceremo∣nies and false doctrine added to the ministration of the true Sacraments, all his vaine allegories, rites, signes, and traditi∣ons brought in the Kirks, without, or against the word of God, and doctrine of this true reformed Kirk. But wee have al∣ready proved in sundrie printed bookes, that these five ar∣ticles are traditions broght in the Kirk, without or against the word of God, and doctrine of this true reformed Kirk, that they have beene damned by our Kirk, that confirma∣tion or Bishoping is one of the five bastard Sacraments, & privat baptisme importeth the absolute necessitie of bap∣tisme, that kneeling is a rite and ceremonie added to the true ministration of the Sacraments without the word of God. And therefore for shortnesse wee referre the Reader to these printed treatises. For the present onely this much. M. Knox within a yeere after hee was exyled out of Eng∣land, after the death of King Edward, in his admonition, directed to England, ranketh kneel••ng among the supersti∣ous orders, which prophane Christs true Religion. In a letter directed from Deep, anno 1559 to Mistresse Lock•• hee calleth the crosse in baptisme & kneeling at the Lords table. Diobolte all inventions. In the first book of discipline hee and the rest of his fellowes contrivers of the booke, forbid celebration of the Communion at Easter, for the a∣voyding of the superstition of the time. The observation of Christmasse, cireumcision, epiphanie they judge ought to bee utterly abolished. that the obstinate maintainers, and teachers of such abominations as are there reckoned in the first head, of which observation of dayes is one, ought not to escape the punishment of the civill Magistrate. In the Parliamen•• holden in the yeere 1567, it was declared that

whosoever refused to participat of the Sacraments, as they were then publickly ministred in this reformed Kirk were not true members of this Kirk. An act was likewise made corcerning the Kings oath to bee given at his Coronation to maintaine the due administration of the Sacraments then received, which was ratified in the Parliaments following anno 1581 and 1582. Againe, in the yeere 1572. it was ordained by act o•• Parliament, that such as did not commu∣nicate and partake of the Sacraments, as they were then truely ministred, if they continue obstinate, shal be reputed infamous, unable to stand in judgement &c. The right ad∣ministration of the Sacraments is set down in the first book of discipline, and the booke of common order prefixed to the Psalmes in me••ter, whereunto Ministers were referred by acts of the generall assemblies holden in the yeares 1562 and 1564. In the generall assembly holden at Edinburgh, anno 1566 the lattet confession of Helvetia was approved, but with speciall exception against the same five dayes, which are now urged upon us. In the assembly holden anno 1575. complaints were made against Ministers and readers because they assembled the people to prayer and preaching upon certaine festivall dayes. An article was formed to be presented to the Regent craving, that all dayes heeretofore keeped holy in time of Papistrie, beside the Lords day, bee abolished, and a civill punishment bee inflicted upon the observers. In the assembly holden in Aprile anno 1577 it was ordained, that the visitor with the advice of the synod shall admonish Ministers and readers, that read, preach, or minister the communion at Christmasse or Easter, or such su∣perstitious times to desist under the paine of deprivation. King Iames in the assembly holden anno 1590 praised God that our Kirke was sincerer that Geneva it selfe, because they observed Christmasse and Easter without warrant, which our Kirk did not. In the booke of common order before the Psalmes it is said, that the Sacramenes are no••

ordaind of God to be used in private orners, as charmers and sorcerers use to doe, but left to the Congregation, and neces∣sarly annexed to Gods Word, and seales of the same. In the Assembly holden at Edinburgh in October, 1581 it was or∣dained, that the Sacraments be not ministred in private hou∣ses, but solemnely, according to the good order hitherto obser∣ved, under the paine of deposition from the function of the Ministerie. It is cleare then, that the five articles are con∣trare to the doctrine and practise of the Kirke of Scotland, and therefore abjured in the Confession of faith,

It followeth then, that wee have made two breaches u∣pon the Confession. and Covenant for maintaining the same, for which the LORD hath threatned us with moe novati∣ons, and alteration of the whole frame of our Religion. Had we not need then to renew our Covenant and promise to repare our breaches so farre as lyeth in us.

As for antiquite, and other reformed Kirkes, their judgement corcerning the five articles, the writer of these late printed bookes whom you taxe, either alledge their authoritie against the same articles, or cleare their mea∣ning, or answere with respect. No well reformed Kirk hath received kneeling or bishoping. Some observe holy dayes, but would be ridde of them. We may safely have fellowship with such Churches, if wee communicate not with their corruptions.

As for the agreement betwixt the oath and Covenant a∣bout these things, with the 21 article in the Confessien extant in the acts of Parliament, wee can find no disagree∣ment. The first booke of discipline in the head of the po∣licie of the Kirk, distinguisheth betwixt thinges necessarie to bee observed in everie Kirk, and things variable to bee ordered by everie particulare Congregation. There eve∣rie particular Kirk is allowed to have a particular policie of their owne, without prejudice of the common and ge∣ne••all, as whether to conveene this or that daye of the

weeke to the Sermon. or how many dayes. For the whic•• and many like, there can bee no generall order set downe. That booke of discipline was penned by the same persons, who drew up the Confession. They meant never that the five articles, or the like superstitious rites and ceremonies were variable as appeareth by that which I have alreadie alledged. M. Knox who had a chiefe hand in that Confession maintained, after his first Sermon in publicke, in a convention of gray and black Friers at S. Andrewes, that the Kirke had no power to devise significant ceremonies. But these are properly called ceremonies, not politick con∣stitutions for order and decencie. And the other Confessi∣on, which you call the negative, condemnes signes brought into the Kirk without or against the the word of God. Sig∣nificant ceremonies beeing condemned, the crosse and the surplice or other superstitious apparell cannot bee receiv∣ed. You taxe the royall Mandat, if you alledge opposition betwixt the old Confession and the other, which you call the negative, but wee call the generall with a rejection of Popish errours as an appendicle. Before I come this length, I perceive your reasons for not authorizing or sub∣scribing this Confession at this time have not beene applau∣ded unto by his Majestie, and the Lords of secreet Coun∣sell. What will you doe now? will you stay your subscri∣ption till his Majestie subscribe, or will you joyne with the Covenanters, or will you subscribe with reservation, howsoever, if you will, The case is altered. You were unwil¦ling before, but now I will not for the reasons containd in the Protestation made at the crosse of Edinburgh the 22 of Sep∣tember, where-unto I adhere.

To the fourth Chapter.

IN your former chapter, you seemed onely to except at our interpretations. But now you seeme to offend at the matter. For you saye, that in so farre as the matter of

an oath is unlawfull or unlawfull, pl••asing or displeasing to GOD it ought to bee kept or broken, which is uncon∣troverted, but not to the purpose, unlesse you would insi∣nuate, that there is some bad matter in the Confession. And so should it never have beene sworne to, or subscribed from the first houre notwithstanding of the royall mandat, or authorizing of it by the generall assembly. If you as∣sume or apply, you should bee corrected before you bee confuted, first cast out, and then answered, by such as shall bee appointed.

You exhort us not to judge hardly or uncharitablie one of another, nor breake the bond of peace and Christian bro∣therhood for diversitie of opinions among us for rites and ceremonies. Then you would have us to suffer the peo∣ple to bee withdrawne by seducers from the simpli∣citie of the Gospell, and to admit Episcopacie which you seeme heere to ranke among rites and ceremonies. How can peace stand among men, when the glorie of God is not kept safe, sayeth Bernard epist. 126.

Quomodo stabit pax hominum coram Deo, & cum Deo, si Deo apud homines non potest tuta esse sua gloria.

FINIS.

Notes

• * 1.1

  Contra Faust. l. 13 c. 15.
• * 1.2

  Polan syn. lib. cap. 25
• * 1.3

  De Ieiu∣nio. c. 4.