The history of the indulgence shewing its rise, conveyance, progress, and acceptance : together with a demonstration of the unlawfulness thereof and an answere to contrary objections : as also, a vindication of such as scruple to hear the indulged / by a Presbyterian.

THE HISTORY OF THE INDULGENCE.

AFter the unexpected Alteration (which proved in∣deed a Convulsion falling-out so suddenly) that came upon the Church, after the Kings restauration, when beside many other sad passages, (and too many here to be commemorated) the memorie of which may make tears trickle down from our eyes, so many of the able, painful, faithful and succesful labourers in the Vineyard of the Lord were by one Act of Councel at Glasgow Anno 1662. put from their work; and by violence thrust out of the Vineyard, where the Lord had set them to labour; even to the number of Three hundered and above. Nor was it enough to the Rulers to banish all those by an Act from their own Parishes; but to make this banishment yet more grievous, and the life of those faithful Servants of Christ yet more bitter and less vital, they thereafter did command them to remove from their own Paroches twentie miles, six miles from a Cathedral Church, and three miles from a Brugh. After (I say) this surprizing and astonishing blow, tending so directly to the over∣throw of the Lords Ministrie, in that Church, and the Introduction afterward of ab∣jured Prelacie, whereby the Church became suddainly filled with aswarme of locusts; and the many Acts made to enforce a compliance among the people with this defe∣ction, and actual conformity thereunto, and that so violently and rigorously, as even simple withdrawing was made seditious and criminal, and severely punished: the ejected Ministers began to think with themselves, that this tyrannical ejection did not, nor could not, unminister them, or make them no more Ministers of Christ; so as they might not preach the Gospel, wherever they were, as Ambassadours of Christ; but, on the contrary, they saw, that they lay under the wrath and dis∣pleasure of God, if they should not preach Christ; and that a necessity was laid up∣on them, yea and wo was unto them, if they preached not the Gospel; according to that 1 Cor. 9: v. 16. and they observed likewise, that the necessity was now great, yea greater than ever, upon many accounts: And on the other hand, the people

being more and more alienated from the Swarm of Curats, as being not only prodi∣giously profane, and lascivious, vaine and ignorant (enough to demonstrate, that they were never the authorized Messengers of Christ) but also highly guilty of per∣jurie and defection, in their compliance with, receiving their commission immediat∣ly from, acting in subordination to, and by a power derived from the abjured Prelates, contrare to the Word of God, the Primitive Pattern and our own Reformation, confirmed by Oaths, solemne Vowes and Covenants; and being sensible of an ob∣ligation still lying upon them to owne the outed Ministers, as the faithfull Servants of Christ, and therefore under a necessity to hear them, and to receive the Ordinan∣ces of Christ, as dispensed by them: both the one and the other saw themselves called to some other exercise, both to restifie their adherence to their former avo∣wed Profession, their abhorrence of the abjured re-introduced Prelacie, and their willingness to keep Christ, in his pure Ordinances, in the Land.

Wherefore not a few of the more serious Ministers, bethinking themselves, and considering the many obligations lying upon them, to preach, and to be instant in season and out of season, and considering the urgent necessitie, and withall the cheerful readiness and willingness of the people to hear, saw themselves called of God to preach as Ministers of the Gospel, wherever providence ordered their abode; and thereupon, as occasion offered, preached unto all such as were willing to hear; but at first (that they might as little displease the Rulers, as possible) only in privat houses, and that for the most part, (if not altogether) at such times, when there was no publick Worshipe in the publick meeting places. (A superplus of caution.)

But such was the rage of the new installed Prelates, and such was their Indigna∣tion at, and Enmitie against those outed Ministers, and chiefly at and against the work they were about, as knowing that if Christ were keeped in the Land, and a memory only of him were reserved, they could enjoy no quiet in their usurpations; that they ceased not to stirre up the Rulers, to all extravagancies of Cruelty, for suppressing of the Innocent, Peacable and Harmeless Assemblings. Hence came severe prohibitions, discharging all such meetings under exorbitant Penalties, both upon the Masters of the houses, where these Assemblies were found, and upon the Minister found there exercising, and upon all and every one present, without ex∣ception, Hence were houses forced and searched, and many hailed to prisons, and several necessitate to escape at windowes with the hazard of their lives; Officers and Spies sent unto and set in several suspected places, to seize and fall upon such, as they found at such meetings, or but suspected to have been there: whence it came to passe that many, both men and women, young and old, have been dragged to Prisons, and there closs keeped, as if they had been the worst of Malefactors, be∣sides several other outragious and illegal Acts of Violence and Oppression committ∣ed against them, contrarie to all Law, Equitie and Conscience.

The faithful Ministers and people, desireing still to follow the Lord, in the duty of the day, and finding so many and so great Difficul••ies, in their Assembling in Houses, where they were so easily attraped, and could with so great hazard meet, and with difficultie escape the hands of these Burrioes, were constrained at last to keep their Meetings in the fields, though without all shelter from Cold, Winde, Snow, and Raine: Whereupon the rage and fury of the Rulers, instigated by the Pre∣lates, did break forth into more excessive and boundless Flames: Whence came seve∣re

Acts of Councel and Parliament against the same; and all wayes of cruelty ima∣ginable taken, to suppress these House and Field meetings; field meetings being dis∣charged under the paine of death unto the Minister and Convocater, and other grie¦vous penalties unto such as did meet: Which course of severity and rigour hath con∣tinued unto this day: But to mention the several Steps, Methods, Means, Conse∣quences and Effects of this Tragoedie, would make too long a digression,

It is sufficient for us to notice, that the Suppressing of these Meetings hath been the butt, a•• which a great part (if not the far greatest) of the Acts and Actings of the Rulers have been levelled, ever since they began to appear; and the onely occa∣sion of so many Acts of Cruelty, and of Enormitie in point of Justice and Legality▪ they being the onely eye-sore of these Enemies to Christ and His Interest, and that which they had been hitherto, both with cruelty and craft, seeking to destroy, by Tyrannical Acts and Lawes, and by more Tyrannical and illegal Executions; as if these Assemblers had been no more lawful Subjects, but open Traitours, and the Worst of Rebels. Hence came the filling of P••isons with such as were appre∣hended, the sending of such Ministers as were taken into the Basse; the setting of a great summe of Money upon the Heads of some; liberty granted to Souldiers to wound and kill, in seeking to apprehend Ministers, and to apprehend and trouble any person they found on the high-wayes; the selling of honest people, as Slaves, unto the French Captains, and unto Persons going to America; the Banishing of the Wives and Children of the outed Ministers, that were come to Edinburgh for shelter, commanding them to dislodge within the short day prefixed, under the paine of being forcibly shut up, or dragged out; the appointment of a Major in Edinburgh, with command over the Town Guards, and a good salarie for this very end, to ap∣prehend, at all times, all such Ministers or people, as he could finde Assembling together; the out-lawing of several Ministers, and many hundereds of Professors, discharging all supply, were it but of bread or water or of a nights lodging, to be given unto them; and what not?

In the midst of all this furie, and after the quashing by blood, illegall & most falsly patcht up for saltures, of severall estates escheating and confiscating of goods, of that trouble Anno 1666., occasioned through the Barbarous Execu∣tions of illegal Commands, against simple Non-complyers with the course of Pre∣lacy, the King (at whose instigation, or in compliance with whose Desire and Re∣quest, I know not; but that it was not of God, nor of Christ, nor of the Spirit, that I know) essayeth other meanes, and taketh other measures; (but all tending unto the same destructive end designed, to wit, the suppressing and banishing out of the Land all these Memorials of the Lords Covenanted Interest, and of his pre∣sence in the Land, the Assemblies, (I mean) of his Servants, to serve and Wor∣shipe him; according to the pure Order of the Gospel, after the example of Christ and his Apostles, & those primitive Christians, which willingly followed and heard them,) when by cruelty the Rulers saw they were not able to attaine their end, but the more they laboured that way, to suppress these meetings, the greater and more frequent they grew, the craftie device of an Indulgence to some certaine select per∣sons of the whole outed Ministers is fallen upon; which if it had been more Ge∣neral or Universal, than it was, had in all probability, proven an effectual meane for attaining of that, which they were so earnestly labouring for, viz. the extinction of the whole Remnant.

Being now to discourse of this Indulgence, as it is called, we shal beginne where it began to appear; that is at the Kings Letter to the Councel hereanent, dated at W••it••hal the 7. of Iuny 1669. which was as followeth.

CHARLES REX.

Right Trustee &c. Wee Greet You well.

Whereas by the Act of Councel and Proclamation at Glasgow in the Yeer 1662. a Considerable number of Ministers were at once turned out, and so debarred from preaching of the Gospel, and ex∣ercise of the Ministerie; we are graciously pleased to authorize you, our Privie Councel, to appoint so many of the outted Ministers, as have lived peacably and orderly in the places, where they have resided, to returne to preach and exercise othe•• functions of the Ministery, in the Paroch Churches, where they formerly served, (provided they be vacant) & to allow Patrons to present to other vacant Churches, such others of them, as you shall approve. And that such of these Ministers, as shall take Collation from the Bishop of the Diocie, and keep Pres∣byteries and Synods, may be warranted to lift their stipends, as other Ministers of the Kingdom. But for such, as are not, or shall not be collated by the Bishop, that they have no warrand to meddle with the vacant Stipend, but only to possesse the Manse and Gleib; and that you appoint a Collector for these and all other va∣cant stipends, who shall issue the same, and pay yeerly maintenance to the saids not collated Ministers, as you shall see fit to appoint.

That all who are restored, or allowed to exercise the Ministrie, be in our Name & by our Authoritie enjoined, to constitute and keep Kirk-Sessions, to keep Pres∣byteries and Synods, as was done by all Ministers before 1638. And that such of them, as shall not obey our Commands in keeping Presbyteries, be confined with∣in the bounds of the Paroches, where they preach, aye and while they give assu∣rance to keep Presbyteries for the future.

That all, who shall be allowed to preach, be strickly enjoined, not to admit any of their Neighbour or other Paroches unto their Communions, nor Baptize their Children, nor marry any of them, without the allowance of the Minister of the Paroch, to which they belong, unless it be vacant for the time. And if it be found upon complaint made by any Presbytery to you, our Privie Councel, that the people of the Neighbour, or other Paroches, resort to their Preach∣ings, and deserte their own Paroch Churches, that according to the degree of the offence and disorder, you silence the Minister, who countenances the same, for shorter or longer time, or altogether turne out, as you see cause. And upon complaint made and verified of any seditious discourse or expressions in the Pul∣pit, or else where, uttered by any of these Ministers, you are immediatly to turn them out, and further punish them according to Law, and the degree of the offence.

That such of the outted Ministers, who live peacablie and orderly, and are not reentered, or presented as aforesaid, have allowed to them foure hundereth merks Scots, Yeerly, out of the vacant Churches, for their maintenance, till they be provided of Churches. And that even such, who shall give assurance to live so, for the future, be allowed the same yeerly maintenance.

And seing we have by these orders, taken away all pretences for Conventicles,

and provided for the want of such as are, & will be peacable: If any shall be found hereafter to preach without Authoritie, or keep Conventicles, our express plea∣sure is, That you proceed with all severity against the Preachers and Hearers, as seditous Persons, and contemners of our Authority. So leaving the Managment of these disorders to your prudence, and recommending them to your care, we bid you farewell.

Given at our Court, at Whitehall the Seventh day of Iuny 1669. & of our Reigne the 21. Yeer, by his Majest: Command

LAUDERDAIL.

Ere we proceed, it will not be amiss to set down here some few most obvious re∣marks, to the end, we may come to understand better the nature, and true import of this Indulgen••e, where of this Letter is the ground and Basis. And

1. We see it is said, That by the Act of Council, and Proclamation at Glasgow An. 1662. a considerable number of Ministers were at once turned out; and so (N.B.) debarred from preaching of the Gospel and exercise of the Ministrie. Whence we cannot but ob∣serve, That those Ministers, who were by that Act at Glasgow banished from their Paroch-Churches, were not only debarred and hindered from preaching of the Gospel, and Exercise of their Ministrie, in their own Congregations (which could not but follow by an inevitable consequence) But in the sense and meaning of the Court, they were by vertue of that sentence debarred from, and incapacitated for preaching of the Gospel, and the Exercise of the Ministrie, any where; and so according to the meaning of the Civil Magistrate, emitting this Edict, these Mini∣sters were simpliciter deposed from their Ministrie, and looked upon as men, having no longer power or warrand, before God or Man, to preach the Gospel, or dis∣pense Ordinances, as Ministers thereof. Whence it followeth, that the Indulgence (as it is called) is a full and formal opening of their mouth againe; & (as to some) a Reponing of them, according to the meaning of the Indulgers; who doubtless will not say, (What ever the plain Language of their Practice be) that they have power to countermand what God hath commanded, or to discharge such, from serving Christ in the Ministrie, as he hath strickly enjoined, and that upon all high∣est peril, to serve him so; but they think, they have power from God, to silence Ministers from preaching when they will; and againe to open their mouthes, and grant them liberty to Exercise the Ministrie, as they see good; and that the Lord Authorizeth what they do; and so, they do but what Church-Judicatories were in use to do formerly, or Prelates yet do, as to such, who are under them.

Here then being a Full, Formal, and judicial Power, granted to such, as were, in the Courts Iudgement, put from their Office, deprived of and debarred from the libertie of exercising the same, or any part thereof, to re-enter into the full and free Exercise of the same; it appeareth to me to be undeniable, That the accepters of this Indulgence have, upon the matter, assented unto this grievous incroach∣ment upon the Priuileges of the Church of Christ. Our Church never thought it competent to the Civil Magistrat, to depose Ministers from their Office, or to sus∣pend them from the Exercise thereof. Let the Second Book of Discipline be viewed; Let the CXI. Propositions be considered; Let the Propositions for Government be look∣ed upon; Let our first or Second Confession of faith, or the late Confession, drawn up at West-Minster be pondered; Let the writtings of our worthies Mr Rutherfoord, and

Mr. Gillispy be read; Yea, let all our publick proceedings, and the whole tenor of the pub••ick actings of our Church be remembered, and it will be seen, that the granting of this unto the Magistrate is point-blank contrary unto all these; Yea, & to all the writtings of the Orthodox Anti-Arminian Anti-Erastian Divines.

But I know it will be said. That the Receivers of the Indulgence cannot helpe what the Magistrate saith; they know what themselves think; and as they did not look upon themselves as deposed, when banished from their own Parishes, as appeared by their preaching else where after that sentence; so they grant no such power now unto the Magistrate: Yea, when some of the Indulged were some yeers thereafter called before the Councel, it was said roundly by their Mouth, That they had received their Ministrie from Iesus Christ. But I answere, (1.) Though the In∣dulged could not cause the Magistrate speak otherwise, than he would; yet they were Masters of themselves, and of their own actions; and they had liberty to do and speak that, which before the world might testifie and declare, that they did not assent unto that assuming of Church power, but on the contrary did dissent there from, and protest against it, as a sinful Usurpation and Incroachment. What pub∣lick Protestation was, I pray, given in against this, first or last? What Plaine and Positive Testimonie was borne unto the Doctrine & Practice of our Church, in this point, which many of our forebearers did owne unto Banishment and Bloud? (2.) As for that, which was said by the mouth of some of them, (of which more after∣ward) it was but a poor salvo, in the case; bec••use no man breathing, neither Ma∣gistrate, nor Church-Judicatory, can properly give the Ministerie; that being pro∣per to Christ Jesus alone: Men only can Instrumentally and Ministerially convey & apply the power, which is of Christ, unto such or such a Person: now I suppose these Brethren, who spoke so by their mouth, did not think or meane, that they had their Ministrie from Christ immediatly, without the intervention of an instru∣mental and ministerial cause: So that notwithstanding of this, by their practice they might and did declare, that the Civil Magistrat was the Instrumental and Ministeri∣al cause, lawfully Authorized to repone them to their Ministrie; that is, that all that power of Deposeing & Reponing of Ministers, which by our Reformed Doc∣trine, Discipline and Practice, hath been asserted to agree only to Church-Offi∣cers and Church-Judicatories, is competent to the Civil Magistrate, as such (3.) Further it may be noticed, that a Minister once deposed, or suspended, and now reponed by a lawful Presbytery, might say the same, to wit. That he receiveth his Mi∣nistrie from Iesus Christ, with full Prescriptions from him &c. Without the least questi∣oning of the lawful Ministerial and Instrumental power of the Presbyterie, in that affaire: So that it is manifest, that this could not salve them from a real acknow∣ledging the Council upon the matter, to have the Ministerial power of Deposing and Reponing of Ministers; and that, de jure. (4.) Itis true, thei•• preaching else where, after their Banishment from their own Congregations, will say, that in so far, they did not acknowledge themselves deposed from the function; yet it will not help much; for their by past faithful deportment will not lessen their fainte at this time, but rather aggravat their cedeing, or their silence, at the accept∣ing of this Indulgence, springing forth of such a fountaine. Their by past hon∣est carriage (I speak here upon supposition, that they did sedulously preach else∣where, when thrust from their own Charges; though I apprehend, it will be found

true, but of a few of them) should have prompted them now to a plaine declaration of their adherence to their former Principles, and of their abhorrence of such gross and Palpable Invasions upon, and Usurpation of the power, which Christ hath grant∣ed only to his Church.

2. We may remarke, that it is said, We are graciously pleased to authorize you, our Privie Councel (N.B.) to appoint so many of them &c. and againe, as you shall approve of. Whence it is obvious (1.) That all the power, which the Privie Councel had, was from the King; and consequently, that they go no greater length, than the Kings Letter did allow; and that their Actings could not justle with, or cross the Scope, Intent and Designe of his Maj. Letter; but fully comply therewith in all points, and in all its Designes. So that, when any doubt ariseth anent what the Councel did, we must, for obtaining of Satisfaction and Clearness, have our recourse to this pri∣mum mobile, the Spring and Principle of this Motion, and the Ground and Basis of the Councels Actings: Yea we must interpret the Actings and Deed of the Coun∣cel by this Letter, which was their Cynosure, by which they were to direct their course, and their Rule and Ground of Acting. (2.) Itis obvious allo, that That power, which they are authorized to exercise, is a Power to appoint such and such Persons, as they think meet, and shall approve of, to go to such and such places. It was not then a Command given, or a power granted to recal the Act of Glasgow, whereby the Ministers were banished from their Charges; but a power to meddle with pure Church-matters, and that immediatly; that is, to judge and cognosce of the Qualifications of Ministers; and so to approve or not approve of them; and a powe•• of installing such as they approved of, in such places, as they shall think meet, and none else. These things are plaine. And it is manifest, that there is herein a Plaine, Clear, Palpable and Gross Incroachment on the Liberties of the Church, and on the Power granted to her of the Lord Christ Jesus, as no man will deny, who is not a stranger to the Word of God, and to the Principles of Presbyterian Govern∣ment, and to all the Acts and Actings of our Church from the very first Reforma∣tion from Popery. Wherefore, seing it is known, that in this case, qui tacet consen∣tire videtur, he who is silent, is construed to consent: And it hath been alwayes ac∣counted in our Church (and is so also by the Word of God) a sinful compliance with a wicked course, not to give faithful, free and timeous Testimonie against the same; it is undeniable, that these indulged Persons, accepting this Indulgence, conveyed through such a channel, & flowing from sucha fountaine, as is already shown have not only fainted, as to their duty; but are interpretatively assenters unto this Usurpation.

3. The Qualification of those, who are to be restored to the Ministrie, is here also to be remarked, in those Words, So many of the outted Ministers, as have (N. B.) lived peacable and orderly, in the places, where thy have resided. I shall be far from say∣ing, that Ministers should not live peacably and orderly; but we ought to consider, what is accounted, living peacably and orderly, by such as propose this Qualification: And that sure, to speake it in the smoothest of Termes, is a negative compliance with all their Tyranny, Oppression of Church and Countrey, Bloudshed, Over∣turning of the Work of God, Establishing iniquity by Law, Perjurie, Apostasie, Re-establishing of Perjured Prelats, and abjured Prelacie, intruding of Hirelings; Persecution of conscientious people, for not acknowledging of these Hirelings as lawful Ministers of the Gospel &c. That is to say, have been very quiet and silent,

as to the bearing of faithfull witness unto the Cause of God, and the work of Refor∣mation, according to our solemne Oaths and Covenants; and have been loath to transgres any of their iniquous Lawes; and careful to walk and carry so, in all their deportment, as not ••o displease them in the least. Now I would think that this very thing should have been enough to have scarred tender conscientious persons from accepting this Indulgence. What Son of the Church of Scotland could have accep∣ted of a favour, in the bosome of which lay this Reproach? Who could have ac∣cepted of this Indulgence, and not with all openly have thereby declared, that he was one of those peacable livers, for whom it was designed, and upon whom in special, as such, it was to be conferred? And however this peacableness and orderliness was accounted a good Qualification by the Rulers, and a satisfactory Mark unto thē of the fitness of these Persons, for receiving of their favours, and a sufficient ground of security unto them, that these Persons would not stand in the way of their further destructive progress, nor marre them in their further pernicious designes: It seem∣eth strange to me, that conscientious Sons of the Church of Scotland, should have suffered themselves to be looked upon, with such a special eye of favour by those Enemies, and to be distinguished from others by such a Character, as in our good times, and according to the wholsome Canons of our Church, would have exposed them unto the highest of Church Censures. Had they not then a faire occasion here, yea and a loud ••all, to vindicat themselves from this Aspersion, howbeit esteemed, judged and declared the prime and indulgence-procureing Qualification by the Ru∣lers; and to have born witness unto the Truth of God; if their desire to the offer∣ed favour, and love to that esteem with the Rulers, had not been too excessive and prevalent?

But there is another thing beside remarkable here, to wit. That here we see, the Magistrate assumeth to himself power to prescribe, to determine and to judge of the necessary Qualifications of Ministers, or of their Qualifications sine quibus non. And moreover, That the accepters of the Indulgence after this manner, did, upon the mat∣ter, and interpretativly, give their assent to, and approbation of these two things: First, That the Magistrate, as such, hath power to prescribe, to specifie and to de∣clare what are indeed, and what he will have to be looked on as, the only Qualifica∣tions, necessarily requisite in Ministers: And next, That the Qualifications, by him here specified and expressed, are the only Qualifications necessarily requisite in Mi∣nisters: And consequently, that the Apostles and Primitive Ministers, who neither could nor would have lived so peacablie in reference to the Heathen Emperou••s, and their wicked Decrees, when no more repugnant to the Interest of Christ and of the Gospel, than the Decrees and Executions of our Rulers have been, were not right∣ly qualified for the Ministrie. Adde to these, That hereby they acknowledged themselves to be duely qualified after this manner, that is, to have been and yet to be such, (and that deservedly, after the Court construction) as have lived peaceablie and orderly, in the places, where they have resided.

4. There is another remark in the Letter obvious, where it is said [That such of these Ministers, (i.e. who are indulged) as shall take Collation from the Bi••hop of the Dio∣cie, and keep Presbyteries and Synods, shall be warranted to lift up their stipends, as other Ministers of the Kingdom. But such as are not, or shall not be collated, shall have no war∣rand to meddle with the local stipend; but onely to possesse the Manse and Gleibe and shall

have such a yeerly maintainance, as the Councel shall think fit to appoint, out of the vacat stipends.] Though this, at the first view, may not seem very material, yet it will have its own weight, when we consider these things following, (1.) That the Law of God alloweth such, as serve at the Altar, to live by the Altar; and that the very ox, that treadeth out the Corn, should not be muzzled; and that the labourer should have his hire; as we see 1 Cor. 9. Gal. 6: ver. 6. 1 Tim. 5:17, 18. And that all Equity and Reason requireth, that the Benefice should follow the Office, as an accessorie and consequent thereunto. (2.) That Ministers stipends are a part of the Church-rents and Emoluments; and are as proper and due unto the Ministers of the Gospel, who serve in the place, as the Rents of any mans heritage is to him, who enjoyeth it; these being irrevocablie given away and dedicated to the Church, and the said Do∣nation confirmed and ratified by Law. (3.) Our second Book of Discipline, ap∣proven in all points by the General Assemblie, prescribeth other Collectours of the∣se Stipends, or of the Church Rents, than such as the King or Councel should name, and that in conformitie to the Word of God and Primitive Patern; as we see Chap. 9. Where, speaking of the Patrimonie of the Kirk, and of the Distribution thereof; and after they have told what they meane by the Patrimonie of the Kirk they have these words. To take any of this Patrimony by unlawful meanes, and convert it to the peculiar and prophane use of any person, we hold it a detestable Sacrilege before God: And then they adde: That the goods Ecclesiastick ought to be collected and distributed by the Deacons, as the Word of God appoints, that they who bear Office in the Kirk be provided for, with∣out care or solicitude. (4.) That there is an introduction here made to that, which may ever hereafter prove noxious and hurtful to the Church; even way made to the bring∣ing of the Ministers of the Gospel under perfect slavery unto the State; for hereby we see they must be obnoxious to them, and depend upon them, not only for the quota of their stipend; but also for the actual and yeerly payment thereof; for yeerly must there an address be made unto the Councel, or to the Exchequer, by every Minister for his Stipend: though this be altered now; yet there was no appearance of it, at their accepting of the Indulgence, and several yeers after. Though this may seem but a matter of small moment; yet we think faithful Ministers should have been tender of the least thing, which might but occasion, or usher-in bondage and slaverie to that poor Church, which hath had a wrestling life, what for one thing, what for another, from the very beginning: And sagacious persons might easily have foreseen, whither such a course, as this, did tend. And if hereafter the State should lay down such a course, as that in all time coming, all the Stipends through the Land should be uplifted by general Collectours, thereto appointed by them, and given-out by these againe, to such as, and in what quantity the State shall think fit, and so make the Ministers become their slaves, and to depend upon them, as if they were their domestick Servants, and Hirelings (the inconvenience of which up∣on many accounts cannot but be obvious to any considerat and judicious person) whom had we to blame, as first breaking the ice in this matter? And was there not here ground enough to have refused this favour (as it is accounted) thus conveyed; and to have declared, they would choose rather to preach gratis, than any way contri∣bute unto the laying of such an yoke upon the neck of the Church of Scotland.

Further, see we not here, that such a snare was visible before their eyes, that either they should accept of Collation from the Prelates, and so acknowledge their

dependance likewise on them, and confirme these perjured Invaders, and comply with abjuted Prelacy; or otherwise become the Councel's Pensioners, which did tend to a manifest prostituting of the credite of the Ministrie, and to the obstructing, of ministerial freedom and faithfulness, in declaring the mind of God, as becometh the Ambassadours of Christ?

5. The next thing to be remarked, is the Injunctions here laid upon the In∣dulged, which are expressed in the Letter at some length. Which Injunctions either are Lawful, or Unlawful. If they be Lawful, Then (1.) They must obey them without any hesitation. (2.) Then they must acknowledge the conformable Cler∣gie, as they are called, to be lawful Ministers of the Gospel. (3.) And that it is lawful to keep the Prelat's Courts and Meetings; and thus condemne themselves, for not doing so formerly. (4.) Then the people are also obliged in Conscience to owne and acknowledge these Hirelings, as lawful Ministers of the Gospel, whom they are called of God to hear and obey. But if they account these Injuncti∣ons Unlawful, how could they by their silence, and accepting of the Indulge••ce up∣on these termes, tacitely approve of the same? To say, That they did not posi∣tively approve thereof, is not enough: Yea, their not-disapproving thereof Open∣ly, Plainly, Publickly and Avowedly, being so stated as they were, and cir∣cumstances considered, cannot but be accounted an Interpretative Approbation, by all Godly, Sober and Rational persons. Nor will it availe here to say, That these Instructions were not proposed condition-wayes: For the Councel, ••hat are both the best Interpreters of this Letter, and of their own deed, in consequence of and in compliance with the same, tell us in their Act August 10. 1677. that the Indulgence was accepted upon condition of keeping and observing of these Instru∣ctions, in these words: For as much as the Lords of his Maj. privy Councel, did confine several outed Ministers to particular Paroches, with allowance to preach and exercise the other functions of the Ministrie within the same; and did (N.B.) deliver unto them certain Instructions to be keeped and observed, upon which they accepted the Indulgence, granted to them: And againe, after whatsoever manner these Injunctions were proposed, yet it is certaine, as we see, they were intended so. And if these Ministers had ex∣presly told the Councel, that they would observe none of these Injunctions, be∣cause they judged the same unlawful, and themselves obliged in conscience to de∣clare the same; shall any think, that the Councel would have granted them this In∣dulgence? Had not that been a direct crossing of the designe and purpose of the King and Court? How should then the people have been amused into a stupide quies∣cence, and asse-like couching under the burden, and blown-up with an irrational and groundless expectation of some desirable change?

It cannot, moreover, here satisfie, to say, That they undertook nothing, but resolved to do, as they found clearness; and when they were not clear to obey to subject themselves to the penalty. For the Counsel, (as we see) offering the In∣dulgence upon condition of observing the Injunctions, when they accepted of the benefite, offered on those termes, they could not but also embrace the termes, upon which the benefite was offered; and their accepting of the benefite was a plaine declaration of their acquiesceing in and satisfaction with the termes. And further, when they accepted of the benefite, either they accounted Obedience unto these Injunctions Lawful, or Unlawful. If they accounted it Lawful, why were they so

disingenuous, as to simulate some hesitation, when they were clear and certaine? This was not the carriage of faithful, & zealous Servants of Christ. If they did ac∣count that Obedience unlawful; Why did they not declare so much; especially when their silence, at the acceptance of the benefite so offered, could not but be construed by all, to be a full satisfaction with the Conditions? did not their silence confirme the Councel of the lawfulness of the Obedience, required to these Injunctions? This looked not like the carriage of our worthie Fore-fathers, and zealous Reformers. Moreover, what in case the Councel had likewise injoined them (after the same man∣ner of way, that they proposed the foresaid Injunctions) to preach Justification by works, The Popes Infallibility, or the Kings Headship over the Church, or some such thing? Would it have been faire in them, to have come away thanking their L L. for the favour, which was bestowed upon them, & satisfying themselves with this mental reservation, We will do as we shall be answerable, and take our hazard? Could any have justified them in this, or judged their carriage Ministerial? Might not every one have said, that they had taken up their Ministrie, in an unlawful way, not approved of God; and so had run unsent? Finally, Let me ask the Reader, if the King or a great Noble man should grant to a Person some considerable Charge or Imployment in his familie, which possible the same Person had before, but was lately thrust therefrom; and in the mean time should lay upon him some injunctions, which seemed onerous, or not very lawful; could any think, that his accepting of the Charge and Imployment, and returning thanks therefore, did not speak out most clearly his acquiesceing unto the conditions, his accepting of the Charge upon these conditions, and his tacite promise to obey these Injunctions, especially since he made no exceptions against them, when mentioned and proposed?

6. We remark further that the Letter saith, That none of these Ministers have any seditious discourses, or expressions in pulpit, or elsewhere. And what is understood here, by seditious discourses or expressions, we cannot be ignorant? But now, what Consci∣entious Minister can either tacitely promise such a thing, or upon the highest ••eril forbear to utter such discourses? Or who can think, that any such thing can be yeeld∣ed unto, who considereth, what God requireth of Ministers, in reference to a Corrupted and Apostatized State? and what the weight of the bloud of souls is? and who hath ever read Ezek. 3: vers. 17, 18, 19, 20, 21, 22. and Chap. 33: ver, 7, 8, 9, 10. and considered, what a fearful thing it is to fall into the hands of a living God? It is true, the Councel in their act made no mention of this; for what reasons; themselves best know: Yet it is sure, that the King and Court expected that none should have the benefite of the Indulgence, but such only, of whom they had, or thought they, had all the rational security imaginable, that they should be men of other Principles, than to utter such expressions. And we may be very certaine, that the Councel, in pursuance of the ends of his Maj. Letter, made choise of such, as they accounted most peacable, and of whom they had the least fears imaginable, that they should ever utter, whether in pulpit, or out of pulpit, such seditious discourses and expressions. They took them (no doubt) to be men of a more peacable disposition, as they called it, and more wise and so∣ber (to speak according to their dialect). But oh, what will after ages say, who shall hear of the Kings Letter, and what the Councel did in pursuance thereof; and see also that N. N. &c. without the least Testimony to the Truth, accepted of

the offer, and never hear, where or when these Persons were challenged, or accused for uttering of such speeches; that is, for an honourable mentioning of the glorious work of God, so miraculously wrought and carried on; and a faithful Testifying against the unparallel'd perfidie and breach of Covenant, and against the most abominable, irreligious, inhumane and tyrannical Acts, made for establish∣ing of this wicked Course of Defection? What (I say) will after ages say, when they compare this with the valiant and zealous deportment of our Predecessours, and of some, at least, of these same persons Anno 1648. and some yeers pre∣ceeding?

It will not be a sufficient covering for this nakedness to say, They heard noth∣ing of that, while they received the Indulgence: For it is not unlike, but they saw or heard of the Kings Letter; and the report of such an expression therein should have made them diligent to have gote a sight of it, if it was not offered unto them: and their Mouth did clearly, in his discourse before them (as we shall hear) inti∣mate, that they were no strangers thereunto. And suppose they had known noth∣ing of this; yet they could not be ignorant, that this was included in their quali∣fications. And if they should reject all this, as importing no consent on their part; Let their practice, since the accepting of the Indulgence, say, whether or not they have regairded that, as the maine and only condition. However I think here was ground enough for them to have scrupled at the embracing of this supposed favour.

7. The next thing here to be noticed in the Letter, is the Power and Command, which the King giveth to the Councel, to silence those Ministers for a longer or short∣er time, if they disobey these foresaid Injunctions; and if a complaint be verified the second time, to silence them for a longer time, or to turne them out (that is, in plaine language, to depose them simpliciter) especially if they utter any sedicious speeches. He must be very blinde, who seeth not what height of Erastianisme is here: did ever any of the Reformed Churches say, that a Magistrate, as such, could sus∣pend and depose Ministers from their Office? Did ever King Iames assume this power unto himself? See if his Declaration, penned with his own hand, signed and deliver∣ed to the Commissioners of the Church of Scotland at Linlithgow Dec. 7. 1585. saith so much, though at this time he had gote his Supremacie in Church-matters screwed up to the highest peg, he thought attainable? Did ever any of our Confessions of Faith, or Books of Discipline, or Acts and Canons of our Church, give the power of the Keyes, the power of inflicting Church-censures upon Ministers, unto the Civil Magistrate? Did ever our Divines (for I except Court Chaplains, and Parasites, whom I account none of ours) write or say such a thing? Read what Calderwood hath said, in his Altar. Damasc. pag, 23, 24. and what worthy Mr. Rutherfoord hath said, in his Due Right of Presbyteries pag. 427. and forward; and read that elaborat Tractat of Mr G. Gillespie Aarons Rod Blossoming, and see if there be any such thing hinted there. See if the CXI. Propositions, or the Propositions for Government, men∣tion any such thing. Now if these Indulged be not Erastian in their Principles (as I hope they are not) I cannot see, but they are Erastian in their Practices: For they, knowing that such a power was assumed by the King, and now given and granted by the King unto the Councel, whereby they were authorized to put the same in pra∣ctice, and so to exercise pure and intrinsick Church-power, that is, inflict pure

Church-censures, Suspend and Depose Ministers: That is, (1.) Not only not to suffer them to preach and administer Sacraments, in his Kingdom and Dominions, (which yet worthie Mr Rutherfoord will not grant, in his Due Right &c. pag. 430. up∣on these accounts 1. Because the King as King hath not Dominion of places, as sa∣cred and religious, for his power in Church-matters is only cumulative, not priva∣tive; so as he cannot take away an house, dedicated to Gods service, no more than he can take away maintainance alloted by publick authority upon Hospitals, Schools, Pastors and Doctors. 2. The Apostles might preach in the Temple, though Civil Authority forbad them. 3. And all know, that he cannot hinder the exercise of the Ministrie, in any other Kingdom,) it is not this onely, I say; but simplie not to preach, and administer the Sacraments. (2.) It is not only to discharge the exer∣cise of the Ministrie (which yet Mr Rutherfoord, ubi supra pag. 431. with Calderwood take to be a degree of Suspension, which is an Ecclesiastical degree to the censure of Excommunication; and therefore the King may as well Excommunicat, and re∣mit and retaine sins, as he can suspend:) but it is to take away the very power of Or∣der, given instrumentally by the Church; if; with Papists and Formalists, they as∣serte not an indeleble Character. And (3.) It is the taking away of what he never gave; for he never ordained, nor could ordaine a Pastor, by any Law of God; that is, Ecclesiastically designe, appoint, set apart, and constitute a qualified Per∣son to the Ministrie, by prayer and laying-on of hands; for this was alwayes done by Church-officers Act. 13: v. 3. and 14: v. 23. 1 Tim. 4:14. and 5:22. 2 Tim. 2:2. Tit. 1:5, 6, 7, 8, 9.

Doth it not hence appear, that this was a manifest Usurpation of the Power and Privilege of the Church? And what can the silence of such, as were indulged, as to this, when they accepted of the Indulgence, from such as were, in the very giving thereof, openly and avowedly declaring this their Usurpation and Incroachment, say before the world, but that they acquiesced thereunto? This matter was not hid under ground; It was plaine enough to all, who would not put out their owne eyes, that the King was assuming to himself Church-power, and was robbing the Church of her Privileges; and to make way for the full accomplishment thereof, did here command and authorize his Councel to appoint such and such Ministers, so and so qualified, to such and such places, as they thought good, with this mani∣fest certificate, that they must expect no Church-censures to be inflicted on them, for any crime or misdemanour, they shall be charged with, and be found guilty of, but by the Civil Magistrates immediatly; not Causatively, that is, causing Church-Judicatories do it; but doing it immediatly themselves. Who then can justifie them, and their practice, in accepting so thankfully, as they did, that Indulgence, without the least word of a Testimonie against all these open and manifest Incroach∣ments; and that at such time, when the designe of tyrannizing over the Church, in an Erastian way, was so palpable, and might be seen and known of all, who would but open their eyes?

But there is another thing, which here occurreth; We see here that these Indul∣ged Persons, are standing immediatly under the Censure of the Civil Magistrate, not only for transgressing of the Orders, and Instructions given; but also (as must necessarily follow) for any other failing and transgression, not specified; as for ex∣ample for Fornication, Sabbath-breaking and other Sins and Scandals, deserving

Deposition or Suspension: For put the case, that some of them (which yet I have no cause to fear) should commit any such scandal, as did de••erve, or were usually punished by Suspension or Deposition; who shall inflict this Censure upon them, but the Councel? There is no Church-Judicatorie having power over them for that effect; and they are not under the Prelates; And we cannot think that they may commit such crimes, and continue in the Ministrie; Nor may we suppose, that they will suspend or depose themselves.

8. Moreover we must remark here, that the Councel is to take notice of their speeches in pulpit, who are indu••ged, and to punish them; yea, to turne them out immediatly, if they be found to have uttered any sedicious Discourse: By which we see, that the Councel is made the immediat formal judge of Ministers Doctrine, for under the pretext of sedicious Doctrine, they may judge and condemne the most innocent and orthodox truthes. No Anti-Erastian Divine will grant this unto the Civil Magistrate. And though it be true, that the Civil Magistrat can only and properly judge of what is truely sedicious, and can only civilly punish for such crimes: Yet our Divines never granted, that the Magistrate might in prima Instantia examine, and judge of Ministers Doctrine, when alleiged to be sedicious, or treaso∣nable: Nor did our Church, in her pure times ever yeeld to this. Our Church-Historie tels us, that Mr. Andrew Melvine, that faithful and zealous Servant of Christ, would not answer before the King and the Councel, for his alleiged trea∣sonable discourse in Sermon, until he had first given-in a plaine and formal Protesta∣tion; and the like was done by worthy Mr David Black upon the like occasion, and the Protestation was approven and signed by a good part of the Church of Scot∣land 1596. And we know also upon what ground it was, that that famous late Martyr for the Liberties of the Church, Mr Iames Guthrie, was questioned, and put to suffer: Now where was there any thing spoken by the Indulged, to bear witness to their adhering to the Church of Scotland, in this point of truth? What was said, that might declare their dissent from this piece of Encroachment? Was not their silence here, and accepting of the Indulgence, in the manner as it was accepted, without any publick Testimonie for the Church of Scotland and her Li∣berties, a Declaration, that they were willing that all their Doctrine should be immediatly, and in prima instantia, judged and examined by the Councel; and con∣sequently, that our Predecessours in offering Protestations, in this case, were to be condemned, and that Mr Guthrie died as a fool?

9. We may remark a snare laid in the Letter to catch moe: for it is appointed, that such of the outted Ministers, who have lived peacably and orderly (here is a Discriminatiō made, no less scandalous to the commended, than dangerous to the rest) and are not reentered or presēted, as aforesaid, shall have allowed to them foure hundereth merks scots yeerly, &c.—And that such as will give assurance to live so for the futurē, be allowed the said yeerly maintainance: Seing it is not unknown what is properly here understood, by living peacably and orderly, any may see what a snare is laid here to catch others. But some will say, what is that to the Indulged? I think it speaketh very much to them; for had they not accepted of this Indulgence, that temptatiō had been removed from the door of others, who now, seeing them without any scruple accepting of the Indul∣gence offered, and granted unto them in special, only upon the account, and in con∣sideration of their being peacable and orderly livers, are emboldēed to take that gra∣cious

gift, and accept of that Princely benevolence, upon the same account, and gape for a greater morsel, Viz. a Vacancie: And will not others, who are not fast rooted, be ready to engage, and give-in security, that they may also taste of the Kings gra••uity; and so sell their consciēce and fidelity, at as good a price as they can. And if it fall out otherwise (as I wish, and hope it shall) that none shall accept of those baits, under which the hook is so conspicuous; yet no thanks to the Indulged, who have so fairly broken the ice for them. I know, a scandal may be given, when not taken; and such, as give the scandal, are guilty before God of destroying those for whom Christ died, Rom. 14:15. And that word of our Saviour Mat. 18:6. Luk. 17:1, 2. Mark. 9:42. is very dreadful, But who so shall offendone of these little ones, which beleeve in me, it were better for him, that a mils one were hanged about his neck, and that he were drowned in the depth of the sea. I know they will say, They are far from this hazard, having done nothing, but what is du••y and necessary duty. But though I grant it an indispensible duty for Ministers to preach the Gospel, and to be instant in season and out of season: yet they might have preached without the Indulgence, as others did, and yet do; and the accepting of the Indulgence was not the only necessary opening of a door to preaching. Nor is it of simple preaching that I am here speaking; and they shall never be able to make it appear, that it is a necessary duty to do, as they have done, considering what is already said, and what shall yet further be said.

10. There is another particular in the Letter, worthie of a remark, and we shall but here name it; and that is, Tha•• the councel is to allow Patrons to present to vacant Churches such Ministers, as they shall approve of. Whence it is clear, that without this consent of the Patron, which is his real or virtual Presentation, the Ministers appro∣ven of by the Councel cannot have access unto these vacāt Churches: Therefore their accepting of the Indulgence unto Vacant places, after this manner, is an approving and an establishing of the power of Patrons; whereby they did condemne all such Ministers, and possibly some of themselves, who formerly had suffered ejection, according to the Act of Glasgow, because they had no clearness to accept of this Pre∣sentation, even though the Patron would willingly have granted it, and did of his own accord offer it. Did they not hereby also condemne that laudable piece of our Reformation Anno 1649. When these Presentations were abolished, and the people restored to their liberty of Electing their own Ministers?

11. We may also take notice, That all this contrivance is not in order to reduce our Church in whole, or in part, to her former Presbyterian state and lustre, or to wea∣ken, or in the least deface, the re-established Prelacie; but rather to confirme the sa∣me; for in the Letter, we see these Indulged are to be enjoined, in the Kings name, and by his authority, to keep Presbyteries and Synods; that is, the Prelats meetings, so cal∣led; for there was no other. As also encouragment was given unto them to take the Prelates Collation. So that this contrivance, as it was to gratifie a few, so it was to cor∣roborat the abjured Prelats, in their possessiō of what they had obtained, as their quid mihi dabit is. And further, they were discharged to exerce any Ministerial function towards any of the neighbour Parishes, where there were Curats serving. Now all these Injunctions, being manifestly sinful and unlawful, might have sufficiently cautioned them against the receiving of a favoure, so strangely clogged with sinful conditions; or at least, prompted them to have remonstrated freely and faithfully all these evils, and plainly declared their fixed aversness from ever submitting unto these Injunctions,

12. The last particular, which I shall remark here, is the Result of all this; or that rather which is the end mainly driven at, howbeit couched in words not so mani∣festly expressive of a mainly designed end. The words are in the last part of the Let∣ter. And seing we have by these orders, taken away all pretence for Conventicles, and pro∣vided for the want of such as are and will be peacable; if any shall be found hereafter to preach without authority, or keep Conventicles, our express pleasure is, that you proceed with all severity against the Preacher and Hearers, as sedicious person, and contemners of our Authority. In the by, we may here take notice, that according to the import and meaning of this letter, no Minister must preach either in or out of Conventicles, without a borrowed Authoritie from the Magistrate, otherwise they are to be looked upon, as sedicious persons, and as contemners of Authority: So that this licence or in∣dulgence was a reall clothing of the Indulged and licensed (in the sense of the Court,) with authority to preach; as if all they had from Christ, conveyed to them by the ministrie of Church officers, according to this Appointment, had been null, and al∣together insignificant. Which one thing, in my apprehension, had been enough to have scarred any, that minded to stand unto their Presbyterian, Gospel and anti-E∣rastian Principles, from accepting of licences of this nature, so destructive to the very being of an Ecclesiastical Ministrie, and to its dependance on & emanation from Christ Jesus, the only Head and King of his Church, and sole Fountaine of all Power and Authoritie, communicated or communicable to his Servants and Officers, as such; and so repugnant unto the methods and midses of conveyance, instituted and ordained by Christ, and practised in the primitive Church.

But the other thing, here chiefly to be noticed, is, That as we see this device of the Indulgence was batched and contrived of purpose, to beare down these Conven∣ticles, and to give a more colourable shew of justice in persecuting the zealous Con∣venticlers. It is true, the Persons Indulged were not of those chiefly, who keep∣ed Conventicles, especially in the Fields; for if so, they had not been such as lived peacably and orderly: And so, the Conventicle-Preachers were not much diminished in their number hereby; yet it was supposed, that none of those▪ who lived under the Indulged their Ministerie, would much trouble themsel∣ves to go to Conventicles, and field Meetings; wherein, in a very great part, their supposition failed not. But now; with what Conscience shall we suppose this Indulgence could be accepted, seing thereby, every one might see a further bar and restraint put upon those worthies, who jeoparded their lives in the high places of the fields in preaching of the Gospel, and were owned and contenanced of God to admiration, in the rich, yea wonderfully rich blessing of God upon their Labours, and Ministerie, dispensed by the sole Authority of Jesus Christ: yea and those of them, who were present before the Councel August 3. 1672. might have seen more cruelty breathed-out by severe orders, against those, who still followed the Lord, in Houses, in Valleyes and in Mountaines, though contrarie to the Law: For that same very day a Proclamation was issued out, commanding all Heretors timeously to declare any, who within their bounds shall take upon them to preach in such un∣warranted Meetings (as they were called) and make their Names known to Sheriffs, Stewarts, Lords, and Bailiffs of the Regalities, or their Deputes, and all others in publick trust, within whose Jurisdiction they may be apprehended: And Autho∣rizing these Sheriffs &c. to make exact search and enquirie after them, to apprehend and incarcerat their Persons, and to acquaint the Councel of their Imprisonment,

And requiring the Magistrates of Brughs to detain them prisoners, till further Or∣der; and that under the highest paine: And also declaring that they would put all Lawes, Acts and Proclamations vigorously in execution, against withdrawers from the publick worshipe, in their own Paroch-Churches? And thus was there a new fiery persecution raised, both against faithful Pastors and People. May it not be thought, that they had carried more honestly and ministerial-like, when seeing this End and Designe (which could not be hid,) if they had freely and plainely told the Councel, they could accept of no such Courtesie, unless the like were granted to all the faithful and honest zealous Ministers in the Land; or at least, had declared and protested, that what was granted unto them might be no prejudice unto the rest to preach the Gospel, and to be instant in season and out of season, wheresoever and whensoever occa••ion offered? But now, when nothing of this kind was done, did not they contribute their concurrence unto the establishing of this Midse, made use of for keeping-down of those Assemblings of the Lords people; I mean the Indulgence? And did they not hereby plainly enough condemne those Meetings, when they concurred so actively and effectually with the Councel, and the Kings designe to have the Land freed of them?

I know it will be said, That they could not procure favours to others: it was enough for them to accept of what was offered to themselves. But yet, though they were not Master of the Magistrates treasure of Indulgence, they were Master of their own deed; and I suppose, few of the Godly of the Land would have blamed them, if they had, out of tenderness to the poor perishing people, and out of respect to their suffering Brethren, told the Councel; that, as matters then stood, they could not accept of that offer, though it had been cleaner than it was, unless all their Brethren were also made partakers thereof; or at least, that the House, and Field Preachers might not be molested. This would have looked like the deed of men, respecting the publick good, and not seeking themselves, or their own ease and li∣berty. It would have smelled of brotherly affection, if they had said; We will rather take the same lot with our Brethren, than do any thing, how promising so ever it be of ease and quiet to ourselves, that may render their case more lamentable and grievous; and may seem in the least, à countenanceing, were it but interpreta∣tively, of the severities used against them, or do any thing that may encourage unto more cruelty, and to the prejudging of the far greatest part of the Land, of the Gospel, now going forth with power.

If any shall say, That possiblie they did not approve of that manner of preaching themselves. I shall Returne, that possiblie it may be so, as to some of them, who were therefore looked on as most peacable and orderly; and shall adde, that certain∣ly such must condemne Christ and his Apostles, who were the greatest of Conven∣ticle-Preachers and almost preached no other way, wanting alwayes the Autho∣ritie of the Supream Magistrate, and yet not waiting upon their Indulgence.

But as to all these things, deduced from the Kings Letter, it may be, the In∣dulged Ministers will think themselves little or nothing concerned; nor obliged to take any notice of what is there said, in regarde that the Kings Letter was not di∣rected unto them, but unto the Councel; and it was with the Councel immediat∣ly, and not with the King, that they had to do: And therefore are concerned only to notice what the Councel did, and said unto them, and required of them, and

to notice their own carriage againe, or return unto the Councel. For answere I say. It may be so, that they shall thus think, to cheate the world and themselves, by such metaphysical abstractions, but in our actions before the Lord, and in matters of this nature, so neerly concerning the Glory of Christ, as King; and that in a day, when all things call aloud unto a Faithful, Free & Full Witnessing unto & for the truth, such abstractions are neither Christian, nor Manly. The Letter was not hid from them, nor the contents thereof unknown to them; for when they were before the Councel, (as we shall heare afterward) they by their mouth expressed their sense sufficiently of that Letter, and took the favour of the Indulgence with all humili∣ty and thankfulness, as his Majesties Royal Favour and Clemencie. Our fore∣fathers used not to carry so, when Court-favours were pressed and urged upon them, but searched the ground and rise of these, and considered their tendencie and consequences; knowing, that favours, granted by standing and stated Ene∣mies, could not be for advantage, but for hurt. The Spirit of zeal and faithfulness would teach us another more Moral, Plaine & Christian Deportment: But though the Indulged should be such Metaphysical Abstracters, contrare to that Spirit of wisdom and ingenuity, that should lead all Christians; yet the Councel dealt more plainely and roundly (as we shall see) and told at all occasions, and in all their Acts and Resolutions, that what they did was in pursuance of his Majesties Com∣mands and Royal Pleasure, signified in his Letter. Finally, This abstraction, though it were yeelded to them, will not availe; for though the Kings Letter had never been seen or heard of there was enough done by the Councel and its Commit∣tee, (of which they could not be ignorant) to have resolved them, if they had not been prepossessed: It was the Committee of the Councel that Elected them, that Judged them qualified for the Exercise of the Ministrie in such and such places: It was the Councel that did Appointe, Authorize and Impower them to Exerce their Ministery: It was the Councel, that did Depose & Repose, Plant and Transplant, give Injunctions, Restrictions, and Limitations, and punish for Non-Obedience: all which will be further cleared in what followeth.

Having premised these few remarks upon the Kings Letter, as necessarie to the clearing of our way, because that was the ground of all; and having, in the by, discovered several things, to shew the sinfulness of this Indulgence; we shall now proceed to mentione more particularly what was the progress of this Business, and how this wicked Designe took effect.

The Councel appointeth a Committee to cognosce upon the matter, signified in the Kings Letter, and to condescend upon the Ministers, judged fit and qualified for such a favour, according to the minde of the King, signified and plainly expressed in his Letter; and upon the Paroches, to which they were to be ordered to go, & exercise their Ministrie: Whereupon the Councel enacteth as followeth.

Edinbr. 27. Iuly 1669.

THe Lords of his Maj. Privie Councel, in pursuance of his Majesties Commands, signified in his Letter of the 7. of Iuny last, do appoint the Persons following to preach, and Exercise the other functions of the Ministerie, at the vacant Kirks un∣derwritten viz. Mr. Ralph Rodger, late Minister at Glasgow, to preach at the Kirk of Kilwinning, Mr George Hutcheson, late Minister in Edinburgh, at the Kirk of Irwing.

Mr William Violant, late Minister at Ferrie, at Cambusnetham: Mr Robbert Miller, late Minister at Ochiltree, at the same Kirk: Mr Iohn Park, late Minister at Stanrawer, at the same Kirk: Mr William Maitland, late Minister at Whithorn, at the Kirk of Beeth: Mr Iohn Oliphant, late Minister at Stanhouse, at the same Kirk, Mr Iohn Bell, late Minister at Ardrossine, at the same Kirk: Mr Iohn Cant, late Minister at Kel••, at the same Kirk, and Mr Iohn Mc-Michen, late Minister at Dalry, at the same Kirk.

Here we see Ten were appointed to the places respectively condescended upon by the Councel; and some were appointed to preach at the Churches, out of which they had been ejected; but this was only an accidental thing, and meerly because these Churches were at that time vacant; as appeareth by Mr Iohn Park his disap∣pointment, because the Prelate prevented his coming to the Kirk designed, which had been formerly his own, by thrusting in a Curat, notwithstanding of his pleading the benefite of the Act of Indemnity, in his own defence, against what was objected against him; and thereby acknowledged himself to have been a Traitour in all his former Actings, and that all the work of Reformation was but Rebellion: And there is no difference betwixt the appointment made to them, who returned to the places, where formerly they had preached, and that appointment, which was made to others to go to other Churches. The Councel doth not so much, as verbally sig∣nifie, the Sentence of Banishment from their own Parishes by the Act of Councel at Glasgow Anno 1662. to be now annulled, as to them, whereby they had liberty to returne to their own Charges, and follow their work; but simply enjoyneth and appointeth them to go to such a place, and there to exercise their Ministrie, as sim∣ply and plainely, as if they had never been there before: So that the appointment is one and the same, as made by the Councel, in pursuance of the Kings Letter: And all the difference, that was in their several Orders and warrands, which they receiv∣ed from the Councel, was in regarde of the Patrons, and of nothing else; as may be seen by the following tenors of these Acts.

Followeth the Tenor of the Acts of Indulgence, given to the several Ministers to preach, conforme to his Maj. Letter of the 7. of Iune 1669.

THe Lords of his Maj. Privie Councel, in pursuance of his Maj. Commands, signified the 7. of Iune last, do appoint Mr Ralph Rodger, late Minister at Glasgow, to preach and exercise the other functions of the Ministrie, at the Kirk of Kilwinning.

And thus did all the rest of this kinde run. The other did run thus.

For same ekle as the Kirk of . . . . . is vacant, the Lords of his Majest. Privie Councel, in persuance of his Maj. command, signified by his Letter the 7. of Iune Instant; and in regarde of the consent of the Patron, do appoint . . . late Minister at . . . . . to reach and exercise the other functions of the Ministrie at the said Kirk of . . . . .

Whereby we see, that these Orders make no difference betwixt such, as were ap∣pointed to their own former Churches, and others, who were appointed to other

places, so that as to this, all of them received a new Commission, Warrand and Power to exerce their Ministrie, in the places designed, as if they had never had any relation unto these places before.

Further, it is observable here. That these Orders and Acts of the Councel have the same Use, Force and Power, that the Bishops Collation hath, as to the exer∣cise of the Ministrie; and that the Ordinance of the Presbyteries used to have in the like cases: And therefore this is all the ministerial potestative Mission, wich they have unto the actual exercise of their Ministrie in these places. Thus wee see the Ci∣vil Magistrate arrogateth to himself that, which is purely Ecclesiastick, to wit, the Placeing and Displaceing, the Planting and Transplanting of Ministers; and giv∣ing them a Ministerial Potestative Mission, which onely belongeth unto Church-Judicatories. So that these Indulged Persons may with as much right be called the Councels or Kings Curats, as others are called the Bishops Curats, whom the Prelates Collate, Place and Displace, Plant and Transplant, as they please. And wee see no regarde had unto the Judicatories of the Church, and to their po∣wer, more in the one case, than in the other; and possibly the Prelates transport∣ings are done with some more seeming regarde unto the power of Church-Judica∣tories, such as they owne under them: but in this deed of the Councel, there is not so much as a shew of any deference unto any Church-Iudicatory whatsomever; nor is there any thing like it. It is obvious then, how clear and manifest the en∣croachement on the power of the Church is, that is here made. And because Ma∣gistrates have no such power from the Lord Jesus, and are not so much as nomi∣nally Church-Officers (as Prelats in so far are, at least) nor can act any other way, as Magistrates, than with a coactive civil power, and not ministerially under Iesus Christ; it is manifest, that the Indulged, having this Authoritie unto the present exercise of their Ministerie in such and such places, only from the Civil Ma∣gistrate acting as such, have not Power & Authority from Christ; for Christ con∣veyeth no Power and Authority in and by the Civil Magistrate, but by his own way, by Ministers of his own appointment, who act under him ministerially. And whether or not, they have not, in submitting to his way of conveyance of Power, and Authority to exerce their Ministrie hic & nunc, upon the matter renounced the former way, by which Power and Authority was ministerially conveyed unto them; as we use to speak of such of the Prelats Underlings, who have received Col∣lation from him, and Power to exerce their Ministrie in such and such places, where they are now placed, though formerly they were ordained and fixed by lawful Church-Judicatories, I leave to others to judge.

But because it may be said, that in these foregoing Acts, there is no mention made of the Injunctions spoken of, in his Majest. Letter, to be given to all the In∣dulged Ministers; Hear what was concluded and enacted by the Councel, on that same day.

Edinb. the 27. of Iuly 1669.

THe Lords of his Majest. Prive Councel, in pursuance of his Maj. Royal plea∣sure, signified to them by his Letter of the 7. of Iune last▪ do in his Maj. Name and Authoritie, command and ordaine all such outted Ministers, who are, or shall be appointed or allowed to exercise the Ministrie; That they constitute and

keep Kirk Sessions and Presbyteries and Sy••ods, as was done by all Ministers, before the Yeer 1638. And the Councel declares, that such of them, as shall not obey in keeping of Presbyteries, they shall be confined within the bounds of the Paroches, where they preach, aye and while they give assurance to keep the Presbyteries. And also the Councel doth strickly command and enjoine all, who shall be allowed to preach, as said is, not to admit any of their Neigbour or other Paroche unto their Communions, or Baptize their Children, nor marry any of them: without the allowance of the Minister of the paroch, to which they belong, unless that Paroch be vacant for the time; nor to countenance the people of the Neighbouring or other Paroches, in resorting to their preachings, and deserting of their own Paroch Churches. And that hereunto they give due obedience, as they will be answerable on their highest peril. And ordaines these presents to be intimate to every person, who shall by Authority foresaid be allow∣ed the exercise of the Ministrie.

We see here, that this Act, concerning the Injunctions, was made distinct from the foregoing Act of Indulgence, and these Injunctions were not expresly included or mentioned in the Act of Indulgence: And some because of this may possibly think and say, That the accepting of the Indulgence is the more justifiable. But I am not of that mind: For this dividing of these two, which were conjoined in the Kings Letter, was either done by collusion of the Indulged, or wholly without their knowledge and consent. If the former be truth, their accepting of the Indul∣gence is so much the more condemnable, that it was accompanied with such unfaire dealing, devised of purpose (for no other end of this deed can be imagined) to blindfold and deceive the simple; whom possibly such a cheate might hoodwinke. If the latter be said, to wit, that the Indulged themselves were utterly ignorāt hereof though it is certaine, as was said above, they were not ignorant of the Kings Letter: Then I think, the first intimation made of these Injunctions unto them should have given such a discoverie of unfaire dealing, and of the Councels purpose and inten∣tion to have them in snared, that the credite of their Ministrie, the Conscience of their duty to God, and to the souls of people, the care of shunning all appearance of evil, the Command of God to give no offence, and other things considerable of that nature, should have compelled them unto a plaine and full Declaration of their sensibleness of this cheatrie, and of their unwillingness to accept of favoures, so clogged with snares. And if they had thus carried, they had approved themselves, (otherwise than they did) to the consciences of all Men, as lovers of upright deal∣ing, and as such who durst not take on them the charge of souls, on such unlawful termes, nor run the errands of God, with such a Pasport.

As to the Conditions themselves, I hope, even the indulged Persons themselves, are sufficiently convinced of the iniquitie of them, when (as I hear) they have now at length laid aside the careful observance of them: But the careful and cir∣cumspect obedience yeelded unto them at the first, is standing as a witness against them unto this day, and sheweth that however now they neglect the same, because possiblie perceiving the Councel not so earnest in pressing observance, as at the first; yet so greedy were they of the bait of the Indulgence, that they cared not to swallow this hook with it, though it was an adding of griefe to such as had sor∣row

enough already; and had in it a condemning of such, as scrupled the hearing of the Curats, and submitting to the Ordinances of Christ, administred by them.

Before we proceed, it will be fit here to take some notice of that Discourse, which Mr H. had unto the Councel, in name of the rest, who were at that time Indulged with him; for hereby we may be helped to understand, what was their sense of the Indulgence, who did receive it; The just double of which Discourse, as it came to mine hand, I shall here set down, as followeth.

I am desired, in the name of my Brethren, here present▪ to acknowledge, in all humility and thankfulness, his Maj. Favour and Clemencie, in granting us the liberty of the publick exercise of our Ministrie, after so long a restraint from the same; and to returne here all thanks to your L L. for the care and paines, you have taken therein: And that your L L. have been pleased to make us, the unworthiest of many of our Brethren, so early partakers of the same. We have received our Ministrie from Jesus Christ, with full prescriptions from him, for regulating us therein; and must, in discharge thereof, be accountable to him And as there can be nothing more desirable, or refreshing to us on earth, than to have free liberty of the exercise of our Ministrie under the protection of lawful Authoritie, the excellent Ordinance of God, and to us ever most dear and pre∣cious; so we purpose and resolve to behave our selves, in the discharge of the Ministrie, with that wisdom and prudence, that become faithful Ministers of Jesus Christ; and to demaine ourselves towards lawful Authority, notwithstand∣ing of our known judgment in Church-affairs, as well becometh loyal Subjects, and that from a lawful principle of Conscience. And my L L. Our prayer to God is, that the Lord would bless his Maj. in his Pers•••• and Government; and your L L. in the publick Administration; and 〈…〉〈…〉 the pursuance of his Maj. mind in his Letter, wherein his singular 〈…〉〈…〉 appears; that others of our Brethren, in due time, may be 〈…〉〈…〉 of the liberty, which through his Maj. favour we now enjoy.

I shall not long insist in descanting on this discourse; seing it is so plaine and manifest an homologating of the Kings Letters; and consequently its iniquity is so undeniable from what was formerly remarked upon that Letter, that there is no great necessitie of many moe words to that end: only it may suffice to touch on some particulars, in a few words.

1. We see hence, That these Brethren were not ignorant of the Kings Letter and of the contents thereof, when they do here acknowledge a favour and clemencie, granted unto themselves thereby.

2. Nor were they ignorant of the scope and designe of that Letter, seing they pray, that the Lord would bless the Councel, especially in the pursuance of his Maj. minde in that Letter.

3. Nor were they Ignorant particularly of the Instructions, contained in that Letter, and which were to be given unto them: as these words, with full prescriptions from him (i.e. Christ Jesus) to regulate us therein, do clearly show; for by these words, as it would appear, they gave their L L. to understād, that it was not needful that these In∣structions, or Prescriptions, contained in the Kings letter, should be laid before them.

4. Nor were they Ignorant, that what the Councel did herein, was by vertue of,

and in full compliance with the designe of the King's Letter; and consequently, that the King's Letter, and the contents thereof, were the onely spring and original of all this Indulgence, and of the Councels power in acting in conformity thereto, and actually granting the Indulgence; for they thank their L L. for the care and paines, they had taken therein; and they pray, that the Lord would blesse them, especially in the pursuance of his Maj. minde, in his Letter.

5. It is matter of astonishment to me, considering what is said, how they could ac∣knowledge this for such an Act of favour and clemency; And how they could say, that in this Letter, the King's singular Moderation did eminently appear; when from what is said, and what shall hereafter be more fully held forth, it is so notoure. That the contents of this Letter did hold forth a designe of overturning all Church-Power, as exercised by Church-Persons, and of clothing the Councel with power to impose Pre∣scriptions, to prescribe Rules and Limitations, and to order and regulate Ministers, in the exercise of their Ministrie, as also with power to Place and Displace, Plant and Transplant Ministers, without regarde had either to the previous Call of the People, or to the Mission of any Church Judicatory; and of subjecting of the Exercise of the Ministrie wholly unto their will and pleasure; not to mentione the severity breathed out, in that Letter, against the Assemblings of the Lord's people.

6. It is manifest from what is already marked, that the Indulged Brethren did owne that Letter of the Kings, as the onely rise and fountaine of the favour, which they were made partakers of; and therefore did not take the Indulgence onely from the Councel, but from the King principally, as the onely spring thereof, conveying the same to them, through the channel and medium of the Councel, who did nothing but by vertue of that Letter, and in obedience thereunto. Whence we see, that there is no ground to abstract the stream from the fountaine, or to think that these Ministers could imagine, that they were onely to notice what the Councel did, and no more; for as they neither did this, so it were unreasonable to think they could do so.

7. They acknowledged here, that as to the liberty of the publick exercise of their Ministrie, they were onely beholden unto this Indulgence; for, for this cause they give thanks: And thus did tacitely grant, that there ought to be no publick Exercise of the Ministrie, without liberty granted from the Magistrate; whereby they not onely condemned all these faithful Ministers, who ventured, without that liberty granted, to preach publickly, where occasion offered in houses, or in the fields; but they likewise condemned Christ and his Apostles, the greatest of Conventicle-keepers. So like-wise they do tacitely here grant, that when the Magistrate prohibiteth the publick Exercise of the Ministery, for longer or shorter time, he must not be dis∣obeyed; whereby the Magistrate hath the power yeelded to him of Suspending and Deposeing Ministers, from the exercise of their function. It is true, Magistrates can hinder the peacable publick exercise, or free publick exercise, by outward force and constraint; but they speak not here of the freedome of peacable publick exercise, but simplie of the freedome of publick exercise of the Ministrie. Our own Church-history tels us; how famous Mr. Bruce was cast in a fever, through terrour of conscien∣ce, for promising silence but for ten dayes, though in hopes of greater liberty.

8. It is observable here; how thankful they are for partaking alone (as chosen out from their Brethren) of this favour; whileas this very act of separating them from their Brethren, should have been a sufficient ground for them to have rejected the ten∣dered supposed favour, seeing by the accepting thereof, in this separated way, they

suffered themselves to be divided from their Brethren, contrarie to their sworn Covenants: not to speak of the stigma, they received thereby.

9. They say, That they received their Ministrie from Iesus Christ. But why was it not said, as some of them (if I be not misinformed) desired, onely from I. C? When this was designedly and deliberatly left out, let all the world judge, whether in this, they carried, as faithful Ministers of the Gospel, or not: for my part, I cannot but judge, that this was a manifest betraying of the cause, and a giving up of all to the Magistrate: for hereby they declared, that in their judgements, either they had their Ministrie from others, as well as from Christ; that is, from the Magistrate, as well as from Christ, and that in a co-equality and co-ordination; or else that they had it not from Christ immediatly but from men, from the Magistrates, in subordination to Christ. Now neither of these can assort with truth, and with our Principles: Not the former; for then Christ should not be sole King, but halfe, and the Magistrate should have the halfe of Christs Thron, Crown, Scepter and Glory: which were blasphemy to think. Not the latter; for Magistracy is not subordinat in a direct line unto Christ, as Media∣tor; nor hath Christ substitute the Magistrat, as his Vicar; nor hath he given to him, as such, a ministerial power under him, to convey ministerially (in respect of the Subjects) or with a ministerial Authority, as his Servants, what power of Mission he giveth to his Ministers; Magistrates, as such, act not ministerially, or with a mini∣sterial Authority, in reference to their Subjects, but with a Coactive, Autocratorical and Architectonick Power and Authority. If it be said, that they reserved only to the Magistrate hereby, the power to grant the liberty of the free exercise; but they meant, that they received the Ministrie it self from Jesus Christ alone. I answere, had they spoken so, we might then have understood them so. But though they had said so, the cause had been betrayed, for if they have their Ministrie from Christ alone, they must also have the free exercise of the same from him: If Christ give the Office, he giveth the power to exercise the Office: And if they depend upon others, in refe∣rence to the Exercise, they in so far rob Christ of what is his due, & hold that of men, which they should hold of Christ alone. No man needs to say here, that by this means we take away the Power of Church-Judicatories, by whom Ministers receive both the Office, and the Power of its exercise: For what Church-Judicatories do herein, they do ministerially under Christ, and Christ by them conveyeth the Office to such and such a Person, and with the Office a power to exercise it, according to the Rules of the Gospel; and notwithstanding of this, these Officers may and must say, that they receive their Ministrie onely from Christ Jesus. But this cannot be said, if the Magi∣strate be substitute in the place of Church-Officers, either in reference to the Office it self, or in reference to its free Exercise; because no Magistrate, as such, (as is said) acteth with a Ministerial Power, under Christ, in a right line of subordination: And therefore when they keeped out the word, onely, they did plainely declare, that they held the Ministrie partly of the Magistrate. If it be said, that they would hereby one∣ly have reserved to the Magistrat, power to grant the Peacable Publick Exercise of the Ministrie. I would answere, that though they had meaned thus, yet they might safely and should have said, that they received their Ministrie only from Christ; for I cannot be said to receive my Ministrie from every one, who can hinder my peacable publick exercise thereof, otherwayes I must be said to receive it, in part, from Satan and his Instruments, who can hinder my peacable publick exercise thereof. So that, use what

devices men can to cover this matter, a manifest betraying of the cause will break thorow, and a receding from received and sworn Principles will be visible.

10. They said, They had full prescriptions from Iesus Christ, to regulat them in their Ministrie. Who then can justifie them, in receiving other Prescriptions from the Magistrate, and such as Christ never made mention of in his Law; yea some where of do directly militate against Christs Prescriptions? Doth not their receiving of these Instructions or Prescriptions, which were contained in his Maj. Letter, say, that the Prescriptions of Christ were not full? But againe, seing they had not freed∣om to say, that they received their Ministrie from Christ alone, how could they say, that they had their full prescriptions from Christ? unless they meant, that they had them not from Christ alone. And then they must say, that they had them partly from some other, and that other m••st either be the Magistrar, or Church Officers: not Church-officers; for neither had they any call to speak of that here; nor doth Church Officers hold forth any Prescriptions, but Christs, and that in the name of Christ. If that other be the Magistrat, than it must either be meant, Collaterally, or Subordinatly to Christ: not Subordinatly, for they are not appointed of Christ for that end; nor do they, as Magistrats, act Ministerially, but Magisterially; not Collaterally, For then they should have these Prescriptions equally from the Magi∣strates, as from Christ; and the Magistrat should be equal and King of the Church with Christ, which is blasphemie.

More might be here noted, but what is said is enough to our purpose, at pre∣sent; and what was said above needeth not be here repeated.

But now we must proceed: These fore-mentioned were not all, who were that yeer indulged: For the same supposed favour was granted to others shortly thereafter, as appeareth by these Extracts out of the Register.

Edinburgh, August 3. 1669.

THE Persons under-written were licenced to preach at the Kirks after speci∣fied viz. Mr Iohn Scot, late at Oxnam, at the same Kirk, Mr William Ham∣miltoun late at Glasfoord, at the Kirk of Evandale: Mr Robert Mitchel, late at Luss, at the same Kirk: Mr Iohn Gemmil, late at Symming town at the same Kirk: Mr Pa∣trick Campbel, late at Innerary, at the same Kirk: Mr Robert Duncanson, late at Lochanside, at Kildochrennan: Mr Andrew Cameron, late at Kilsinnan, now at Loc∣head in Kintyre.

Edinburgh, 2. Septemb. 1669.

For as much as the Kirk of Pencaitland is now vacant, by decease of Mr Alex∣ander Vernor, last Minister thereat; and there being some questions and legal pur∣suits before the Judge ordinate, concerning the right of Patronage of this Kirk: Until the decideing whereof the Kirk will be vacant, if remeed be not provided: Therefore the Lords of his Maj. Privie Councel, in pursuance of his Maj. plea∣sure, expressed in his Letter of the 7. of Iune last, have thought fit at this time and for this Vacancie allennerly, To appoint Mr Robert Douglas, late Minister at Edinburgh, to preach and exercise the function of the Ministrie, at the said Kirk of Pencait land. And it is hereby declared, that thir presents shall be without preju∣dice of the right of Patronage, according as the same shall be found and declar∣ed by the Judge ordinarie.

Edinburgh, Septemb. 2. 1669.

The Persons underwritten were licensed to preach at the Kirks after specified viz. Mr. Matthew Ramsey, late at Kilpatrick, to preach at Paisley: Mr Alexander Hammiltoun, late Min. at Dalmenie, at the same Kirk: Mr Andrew Dalrymple, late Min. at Affleck, at Dalganie: Mr Iames Fletcher, late Min. at Neuthcome, at the same Kirk: Mr Andrew Me-Claine, late Min. at Craigneis, at Kilchattan: Mr Donald Morison, late at Kilmaglais, at Ardnamurchant.

Edinburgh, Septemb. last 1669.

The Persons following were ordained to preach at the Kirks after specified; viz. Mr Iohn Stirling, at Hounam: Mr Robert Mowat at Harriot: Mr Iames Ham∣miltoun at Egleshame: Mr Robert Hunter at Downing: Mr Iohn Forrester at Tilliallan with Mr Andrew Reid. infirme.

Edinburgh, Decemb. 9. 1669.

Mr Alexander Blair at Galstown: Mr Iohn Primrose at Queensferrie: Mr David Brown at Craigie: Mr Iohn Craufurd at Lamingtoun with Mr Iohn Hammiltoun aged and infirme: Mr Iames Vetch at Machline.

Edinburgh, Decemb. 16. 1669.

Mr Iohn Bairdie at Paisley with Mr Matthew Ramsey infirme.

Thus we see there were this Yeer 1669. Five and Thirtie in all licensed and indul∣ged, and ordained to preach, in the several places specified, upon the Councels Order, in pursuance of the Kings Royal pleasure. And in the following yeer, we will finde the same Order given unto and obeyed by others.

But ere we proceed, it will not be amisse, that we take notice of the first Act of Parliament, holden this yeer Novemb. 16. 1669. and consequently, before the last Six were licensed. The Act is an Act asserting his Majesties Supremacy over all Persons, and in all Causes Ecclesiastical. Whereby what was done by the Councel, in pursu∣ance of his Majesties Pleasure, signified by his Letter, in the matter of granting these Indulgences, is upon the matter confirmed and ratified by Parliament, when His Maj. Supremacy is so ampliated and explained, as may comprehend within its verge all that Ecclesiastick Power, that was exerced, or ordained to be exerced, in the granting of the Indulgence, with its Antecedents, Concomitants and Con∣sequences: And a sure way is laid for carrying on the same designe of the Indul∣gence, in all time coming.

The Act is as followeth. Nov. 16. 1669.

THE Estates of Parliament having seriously considered, how necessare it is, for the Good and Peace of the Church and State, That his Maj. Power and Authority, in Relation to Matters and Persons Ecclesiastical, be more clearly as∣serted by an Act of Parliament: Have therefore thought fit it be Enacted, Assert∣ed and Declared: Like as his Maj. with Advice and Consent of his Estates of Par∣liament, doth hereby Enact, Assert and Declare, That his Maj. hath the Su∣preame Authority and Supremacy over all Persons, and in all Causes Ecclesiasti∣cal, within this His Kingdom: And that by vertue thereof, the Ordering and Dis∣posal of the external Government and Policy of the Church, doth properly be∣long

to His Maj. and His Successours, as an inherent right to the Crown. And that His Maj. and His Successours may Settle, Enact and Emit such Constitu∣tions, Acts and Orders, concerning the Administration of the External Govern∣ment of the Church, and the Persons imployed in the same; and concerning all Ecclesiastical meetings, and matters to be proposed and determined therein, as they in their Royal Wisdom shall think fit: which Acts, Orders and Constitutions, being Recorded in the Books of Councel and duely published, are to be observed and obeyed by all his Maj. Subjects; any Law, Act or Custome to the contrary notwithstanding. Like as His Maj. with Advice and Consent foresaid doth Res∣cind and Annul Lawes, Acts and Clauses thereof, and all Customes and Constitu∣tions Civil or Ecclesiastick, which are contrary to, or inconsistent with His Ma∣jesties Supremacie, as it is hereby asserted. And declares the same Void and Null, in all time coming.

Concerning the Irreligiousness, Antichristianisme and Exorbitancie of this Ex∣plicatory, and (as to some things) Ampliatory Act and Assertion of the Kings Su∣premacy in Church-affairs, much, yea very much might be said; but our present business calleth us to speak of it, only in reference to the Indulgence; that we may see with what friendly aspect this Supremacie looketh towards the Indulgence, and with what Veneration the Indulgence respecteth this Supremacie; to the end it may appear, how the Indulgence hath contributed to the establishment of this Supra-Papal Supremacie; and how the Accepters thereof stand chargeable with a Virtual and Material Approbation of, and Consent to the dreadful Usurpation, committed by this Supremacie.

In order to which, we would know, that this Act of Supremacy, made Anno 1669. was not made, upon the account, that the Supremacie in Church-affairs had never been before screwed up to a sufficient height, in their apprehensions; for up∣on the matter, little that is material is here asserted to belong unto this Ecclesiasti∣cal Supremacie, which hath not been before partly in more general, partly in more special and particular termes, plainly enough ascribed unto this Majestie, or pre∣sumed as belonging to his Majest. In the 11. Act. Parl. 1. Anno 1661. where the Oath is framed, he is to be acknowledged, Only supreme Governour over all persons, and in all causes; and that his Power and Iurisdiction must not be declined: So that under all Persons, and all Causes, Church-officers, in their most proper, and intrinsecal ecclesiastick Affaires and Administrations, are comprehended; and if his Majest. shall take upon him to judge Doctrine, matters of Worship, and what is most essen∣tially Ecclesiastick, he must not be declined, as an incompetent Judge. We finde also Act. 4. Sess. 2. Parl. 1. Anno 1662. (which is againe renewed Act. 1. Anno 1663.) that his Majestie, with advice and consent of his Estates, appointeth Church-cen∣sures to be infflicted for Church-transgression, as plainly and formally, as ever a General Assembly, or Synod did, in these words; That whatsoever Minister shall without a lawful excuse, to be admitted by his Ordinary, absent himself from the visitation of the Diocess — or who shall not, according to his duty, concurre therein; or who shall not give their assistance, in all the Acts of Church-discipline, as they shall be required thereto by the Archbishop, or Bishop of the Diocess, every such Minister (N. B.) so offending shall, for the first fault, be suspēded from his Office and Benefice, until the next Diocesian meeting; and if he amend not, shall be deprived. But, which is more remarkable, in the first

Act of that Second Session. Anno 1662. for the Restitu••ion and Re-establishment of Prelats, we have several things, tending to cleare how high the Supremacie was then exalted: The very Act beginneth thus, for as much as the ordering and disposal of the external Government and Policy of the Church doth properly belong unto his Majestie, as an inherent right of the Crown, by vertue of his Royal Prerogative and Supremacie in cau∣ses Ecclesiastical. This is the same, that is by way of statute asserted in the late Act 1669. In the same Act it is further said, That whatever (this, sure, is large and very comprehensive) shall be determined by his Maj. with the advice of the Archbishops and Bishops, and such of the Clergy, as shall be nominated by his Maj. in the external Go∣vernment and Policy of the Church (the same consisting with the standing Lawes of the Kingdom) shall be valide and effectual. And which is more, in the same Act, all pre∣ceeding Acts of Parl: are rescinded, by which the sole and only Power and Iurisdiction within the Church, doth stand in the Church, and in the General, Provincial and Pres∣byterial Assemblies and Kirk-Sessions. And all Acts of Parliament or Councel, which may be interpreted to have given any Church-Power, Iurisdiction or Government to the Office-bearers of the Church, their respective Meetings, other than that which acknow∣ledgeth a dependence upon, and subordination to the Soveraign ••••wer of the King, as Su∣preme, So that we see, by vertue of this Act, all Church-Power and Jurisdiction whatsomever, is made to be derived from, to have a dependance upon, and to be in subordination to the Soveraigne power of the King, as Supream; and not to stand in the Church: Whereby the King is made only the Foun••aine of Church-power, and that exclusive (as it would seem) even of Christ; Of whom there is not the least mention made; and for whom is not made the least reserve imaginable. So in the 4. Act. of the third Session of Parl. Anno 1663. For the Establishment and Constitution of a National Synod. We finde it said, that the ordering and disposal of the external Go∣vernment of the Church, and the nomination of the Persons, by whose Advice, Matters relating to the same are to be setled, doth belong to his Maj. as an inherent right of the Crown, by vertue of his prerogative R••yal and Supream Authority in causes Ecclesiastical. And upon this ground is founded his power to appoint a National Synod; to appoint the only consti••uent Members thereof, as is there specified; to call, continue and dis∣solve the same, when he will; to limit all their Debates, Consultations and Deter∣minations to such matters and causes, as he thinketh fit; and several other things there to be seen.

Seing by these Particulars, it is manifest and undeniable, that this Ecclesiastick Supremacie was elevated presumptively before the Year 1669. to as high a degree, as could be imagined; It may be enquired, why then was this Act made Anno 1669? I answere. This act (so I conceive) was not framed so much to make any addition to that Church power, which they thought did Iure Coronae belong orginally and fundamentally unto the King; for that was already put almost beyond the reach of any additional supply, though not in one formal and expressive Statutory Act: As to forme the same, when screwed up to the highest, into a plaine and positive formal Statute, having the force of a Law, for all uses and ends; and particularly to salve, in point of Law, the Councel in what they did, in and about the Indulgence, accor∣ding to the desire and command of the King in his Letter, in rega••rd that the gran∣ting of this Indulgence, did manifestly repugne to and counteract several anteriour Acts of Parliament, and was a manifest breach and violation of Lawes, standing in full force, and unrepealed; which neither their place, nor his Maj. could in Law

warrand them to do, by his Letter, That the granting of the Indulgence did thus in plaine termes repugne to standing Lawes, I thus make good. In the Act of Rëstitu∣tion of Prelates Anno 1662. Prelates are restored unto the exercise of their Episcopal fun∣ction, Presidence in the Church, power of Ordination, Inflicting of Censures, and all other Acts of Church Discipline. And as their Episcopal power is there asserted to be deri∣ved from his Maj. so withal it is expresly said, that the Church-power and jurisdi∣ction is to be Regulated and Authorized, in the Exercise thereof by the Archbishops and Bishops; who are to put order to all Ecclesiastical matters and causes, and to be accoun∣table to his Maj. for their administrations. Whence it is manifest, that the King alo∣ne, or with his Privie Councel, cannot put order to Ecclesiastical matters and causes, or exerce Church-Power and Jurisdiction, without a violation of this Law, and ma∣nifest controlling of it. And further in the 4. Act of that same Second Session of Parlia∣ment it is expresly ordained, that none be hereafter permitted to preach in publick or in fa∣milies within any diocess;—without the licence of the Ordinary of the Diocess. So that this licence and permission, granted to the Indulged by the Councel, to preach and ex∣ercise the other parts of their function, being without the licence of the Bishops, is manifestly contrary and repugnant to this Law. Moreover Act 1. in the third Sessi∣on Anno 1663. we have these words. And the Kings Maj. having resolved to conserve and maintaine the Church, in the present State and Governmēt hereof by Archbishops & Bishops▪ and others bearing Office therein; and not to endure, nor give way or connivace to any varia∣tion therein, in the least; doth therefore, with advice and consent of his Estates, conveened in this third Session of his Parliament, Ratifie and Approve the afore mentioned Acts, and all other Acts and Lawes, made in the two former Sessions of Parliament, in order to the set∣tling of Episcopal Dignity, Iurisdiction and Authority within the Kingdom, and ordains them to stand in full force, as publick Lawes of the Kingdom, and to be put to further exe∣cution, in all points, conforme to the tenor thereof. Here is a further Ratification and Confirmation of the Lawes mentioned, and the Councel hereby yet more firmely bound-up from emitting any Acts or Edicts, contradictory to, and tending to wea∣ken and invalidat the publick standing Lawes of the Kingdom. And, which is yet more considerable, in the following words of this same Act, the effectual putting of these Lawes in execution is specially, and in terminis, recommended by King and Parliament, unto the Privy Councel, after this manner. And in pursuance of his Maj. Royal resolution herein, his Maj. with advice foresaid, doth recommend to the Lords of his Maj. Privie Councel, to take speedy and Effectual Course, that these Acts receive ready and due Obedience from all his Maj. Subjects; and for that end that they call before them all such Ministers, who having entred in or since the Yeer 1649. and have not as yet obtained Presen∣tations and Collations as aforesaid, yet darred to preach in contempt of the Law; and to pu∣nish them as seditious persons, and contemners of the Royal Authority. As also that they be careful, that such Ministers, who keep not the Diocesian meetings▪ and concurre not with the Bishops, in the Acts of Church-Discipline, being for the same suspended or deprived, as said is, be accordingly after deprivation, removed from their Benefices, Gleebs and Manses. And if any of them shall notwithstanding offer to retaine the Possession of their Benefices or Manses, that they take present Course to see them dispossest. And if they shall thereafter presume to ex∣ercise their Ministrie, that they be punished, as seditious Persons, and such as contemne the Authority of Church and State. Now, notwithstanding of this express reference and severe recommendation, we know, that in the matter of the Indulgence, they were

so far from punishing such, as had not obtained Presentations and Collations, and yet had continued to preach, and exercise their Ministrie; that in perfect contra∣diction to this Injunction of King and Parliament, and other forementioned Acts, they licensed, warranded and impowered some such, as by Act of Parliament were to be punished as seditious Persons, and contemners of Authority of Church and State, to preach publickly, and to exercise all other parts of their Ministrie, and that upon the sole warrand of the Kings Letter, which cannot in Law warrand and impower them to contraveen express Lawes, and Acts of Parliament; and not on∣ly to disobey the Injunctions of Parliament, but in plaine termes to counteract and counterwork the Established and Ratified Lawes; and so to render them null and of no effect.

Whence we see, that there was a necessity for the Parliament An. 1669. to do something, that might secure the Lives and Honours of the members of Councel, in point of law, in granting of that Indulgence, which was so expresly against law, and which the two Arch-Prelates, members of Councel, would never give their assent unto, as knowing how it intrenched upon the power granted to them, and the other Prelates, confirmed by Law; and so was a manifest rescinding of these Acts and Lawes. And though this might have been done by a plaine and simple Act, approving and ratifying what the Councel had done, in compliance with his Maj Royal Pleasure, and authorizing them in time coming, to pursue the ends of the same Letter further, with a non obstante of all Acts, formerly made in favoures of Prelates and Prelacie: Yet it is probable, they made choise of this way of ex∣plaining, by a formal and full Statute and Act of Parliament, the Supremacie, in these plaine, full and ample termes, wherein we now have it; that thereby they might not only secure the Councel, but also make the Kings sole Letter to the Councel, in all time coming, a valid ground in Law, whereupon the Councel might proceed, and enact and execute, what the King pleased in matters Ecclesiastick, how intrin∣secally and purely such soever; without so much, as owning the corrupt Ecclesia∣stick medium or channel of Prelacy: And withal it might have been thought, that such an act, so necessary for the legal preservation of the Indulgers, and consequent∣ly of the Indulged, in the enjoyment of the Indulgence, would go sweetly down with all the Indulged, and such as gaped for the like favour, howbeit so framed, as that it was not very pleasant, at the first tasting: For it cannot be rationally sup∣posed, that such, as are pleased with their warme dwellings, will cast out with the walles & roof of the dwelling, without which they would enjoy no more warmness than if they were lodging beside the heth in the wilderness: And who could think, that any indulged man could be dissatisfied with that, which was all and only their legal security, and without which, they were liable to be punished as seditious persons, and as contemners of Authority, even for preaching by vertue of the In∣dulgence, according to Lawes standing in force unrepealed?

Whence also we see, what a faire way was made unto this Act of Supremacy, by the Indulgence; and how the Indulgence is so far beholden unto this Act, that it can not stand without it, nor the persons Indulged be preserved from the lash of the Law, notwithstanding of all that was done by the Councel: And thus these two are as twines, which must die and live together; for take away the Act of Supre∣macy, and the Indulgence is but a dead illegal thing. We may also see; what to

judge of this illegal and illegitimat birth, that cannot breathe or live, where Law reigneth, without the swedling clothes of such a Supremacy, nor can stand but as upheld by such an Anti-christian Pillar.

We may also see here, that the very embraceing of the Indulgence was, upon the matter, a recognition of this Power in the King, to do in and by his Privy Coun∣cel, in Church-matters, what he pleased, even though contrary to antecedent Acts of Parliament; and that such as are so satisfied with the effect, to wit, the In∣dulgence, cannot but comply with the cause, to wit, the Supremacy, as asserted in this Act; as the man that hath a complacencie in drinking of the streames, cannot be displeased with, but delight in the fountaine, from whence they proceed. If any of these Brethren had received the same Indulgence from the Prelates immediatly, had they not thereby complyed with the Prelates, homologated their Power, and plainely assented and submitted thereunto? Yea, had they not in this assented also mediatly unto the Supremacy, seing all the Prelats Power did flow from the Su∣premacie? And shall they not now much more be looked on, as homologating the Supremacie, and as assenting thereto, when they receive the Indulgence, that im∣mediatly floweth therefrom, and must be vindicated and defended solely by the asserting thereof? How is it imaginable that I can receive a favour, and not ho∣mologate, assent to and acquiesce in that Power, that gave it, when the asserting of that Power, is the only mean to keep me in legal possession of the favour received;

But now, for further confirmation of what is said, let us take a view of the Act of Supremacy it self, and there see a ground laid of sufficient warrādice for the Council, in what they did, in granting the Indulgence; and also be able to read the Indulgence it self out of the Supremacie, as here asserted; and for this end, it will be sufficient for us, to take notice only of the last words thereof, where it is said. And that his Maj. and his Successours may Settle, Enact and Emit such Constitutions Acts and Orders, concer∣ning the administration of the external Government of the Church, and the Persons im∣ployed in the same, and concerning all Ecclesiastical Meetings and Maters, to be propo∣sed and determined therein, as they in their Royal wisdom shall think fit: which Acts▪ Orders and Constitutions, being recorded in the books of Councel, and duly published, are to be observed and obeyed by all his Maj. Subjects. Before this time, as we heard, all Acts, Orders and Constitutions, concerning Church-affairs, Church-meetings; and Church-administrations; were to be put in execution by the Prelates, impo∣wered by the Supremacie unto this end: And what was lately done in the matter of the Indulgence, was done by the Councel, and not by the Prelates, and there¦fore contrary to law: whereupon, that this deed may be valide in law, it is here asserted, that the King, by vertue of his Supremacie, may Emit what Acts, Orders and Constitutions, he, in his royal wisdome, thinketh fit, and after what manner he pleaseth; and so, if he will, may order and dispose of all Church-administrations, Ecclesiastick Persons, Church-meetings and matters, by himself immediatly, or by his Councel; yea or by his lackeys; so that if the Lawes, Con∣stitutions, Acts and Orders, concerning these Matters, Meetings, Persons and Administrations, be signified to the Councel, by Letter, or any other way, and be recorded in their books, and duely published, (which they must doe whensoe∣ver required) they must be obeyed and observed by all Subjects: Now this power being asserted to belong to his Maj. as an inherent right of the crown, no deed of

gift▪ formerly granted to the Prelats, could weaken or diminish it; and therefore noth∣ing done of late by the Councel, in granting of the Indulgence, according to his Maj. will and pleasure, signified by his Letter Iuny 7. 1669. can prove prejudicial unto the said PrivieCouncel, they doing nothing but what was consonant unto the Kings Supre∣macie, here more clearly asserted, and not granted of new, save in the forme of a for∣mal Statute and law asserting the same. Yet notwithstanding, for the more security, (for abundance of Law breaks no Law) it is added in the Act. (as we see) Any Law, Act or Custom to the contrary notwithstanding. And moreover they rescind and annul all Lawes, Acts and Clauses thereof, and all customs and constitutions, Civil or Ecclesiastick, which are contrary to and inconsistent with his Maj. Supremacie, as it is hereby asserted; and declare the same void and null in all time coming: According to the usual course and manner.

As to the other particular, we may see the native feature and lineaments of the In∣dulgence, in the face of the Supremacie, so manifestly, that none who see the one needs question the intimate Relation, that is betwixt them. We see it now asserted as be∣longing to his Maj. Supremacy, in Church-affairs, tha•• he may Settle, Enact and Emit what Acts, Constitutions and Orders, he thinketh good, whether concerning Church-Administrations, or Church-meetings, or Church-matters, or Church-Officers; and that there needeth no more to make these Lawes, to be obeyed and observed by all the Subjects, but the recording of them in the books of the Councel, and duely publishing of them. Now, as we saw above, in the Kings Letter, concer∣ning this Indulgence, there areConstitutions, Acts and Orders emitted and setled con∣cerning Church-administrations, shewing what shall not be preached under the paine ofCensure: whoseChildren may be baptized, whose not: who may be admitted to hear the word, and who not. Concerning Church-persons; who shall be accounted qualified for preaching, who not: who shall be accounted fit for the charge of such a flock, and who for the charge of another: Such and such Ministers are ordained to go to such or such Congregations, not by vertue of a Call of the people, but meerly by vertue of the Councels designation. Concerning Church-meetings, They are appointed to keep Diocesian Visitations, or Synods, and to resort to Prelats Exercises, though the Pre∣lates look not on them as sutable company. So it is ordained, whom they are to marry and whom not. In a word, let any but compare the Kings Letter with this part of the Act of Supremacie, and he shall be forced to say, that the Letter is nothing but the Supremacie exemplified and put in practice.

Hence it is manifest, that no man can submit to, and accept of the Indulgence, but he must eo ipso submit to & accept of such Constitutions, Acts and Orders, as did consti∣tute, qualifie, and limite the same; for the Effect includeth the Causes Constituent and Discriminating. And again, no man can submit to and accept of Constitutions, Acts and Orders, flowing from a power, but they must eo ipso recognosce that Power to be properly residing in the person, giving forth these Acts and Orders; or grant, that he is vested with that power: and seing it is plaine from the Act of Supremacie it self, that such Constitutions, Acts and Orders, so given in Church-matters, and about Church Persons, as these were, whereby the Indulgence was midwif'd into the world, do flow from the Supremacie; it is also manifest, that no man can accept of the Indulgen∣ce, as so and so conveyed, as it was, but they must withall virtually, implicitly, and in∣terpretativly at least though yet really and consequentially) acquiesce, & submit un∣to, and acknowledge the Supremacie, in so far, as concerneth the matter of the Indul∣gence, and the Acts, Orders a•••• Constitutions, ••••erein comprehended.

I am, in all this, far from thinking, that these Indulged brethren did formally and expresly Owne, Acknowledge, Acquiesce in or Approve of the Eccle∣siastick Supremacie, in and by their accepting the Indulgence; or that they had any such Intention therein, as to make way for, approve of, or to confirme the said Su∣premacy. No: I am only shewing what is the native consequence thereof, and in∣evitablie followeth thereupon; and what consequentially they may and ought to charge themselves with, and others, not without ground, account them interpre∣tatively guilty of; and what a Conscience, when rightly awakened and illuminated, will challenge them for; and the Posteritie will think they have failed in, and many now a dayes are stumbled by, or induced to stumble upon the occasion of: not to mention the designe of the Contrivers, which yet, when known and discovered, may occasion yea and cause a sad and wakening reflection; Nor yet to mention, what afterward, upon several occasions was discovered, of which more afterwards, and which might have been sufficient to have made some bethink themselves, and search more narrowly what they had done, and give glory to God by turning out of such dangerous, and so many wayes scandalous and offensive pathes.

Having thus briefly spoken of the Supremacie, as relating to and friendly corros∣ponding with the Indulgence, its native daughter, we now proceed in our History, and shall show, who were Indulged even after this Act of Supremacie was thus made and published: And of these we have found already five or six licensed, that same yeer, within a moneth or thereby after the Parliament, (which gave us such a full, and large explication of the Supremacie,) sat down. But we proceed to the following yeers.

Edinbr. 27. 1670.

• Mr Alexander Wedderburn at Kilmarnock.

Edinb. March. 3. 1670.

• Mr Iohn Lauder at Dalzel:
• Mr George Ramsey at Kilmars:
• Mr Iohn Spadie at Dreghorne.
• Mr Thomas Black at Newtyle:
• Mr Andrew Mc claine at Killaro and Kilquhanan:
• Mr Andrew Duncanson at Kilchattan in Lorn.

Thus we have this yeer seven moe; in all fourtie three. Towards the beginning of the next year, there is a Proclamation of the Privie Councel, re-inforcing the punc∣tual observation of the forementioned Injunctions, delivered unto the Indulged; after this forme.

Edinb. Ian. 26. 1671.

For as much as the Lords of his Maj. Privie Councel, in pursuance of his Maj. Royal pleasure, signified to them by his Letter the 7. of Iun. 1669. did by their Act of the 27. of Iuly 1669. Ordaine all such outted Ministers, as should be allowed to exercise the Ministrie, to keep Kirk Sessions, and keep Presbyteries and Sy∣nods, as was done by all Ministers, before the Year 1638. And did declare, that such of them, as should be allowed to Exercise the Ministrie, and should not obey in keeping of Presbyteries, should be confined within the bounds of the Paroches, where they preach, aye and while they give assurance to keep Presbyteries. And the saids Lords being informed, that hitherto Obedience hath not been given to the foresaid Act of Councel: Do therefore command and require all and every one of these Ministers, allowed to preach by order of Councel, to keep Presby∣teries

in time coming. And do hereby confine all these, who shall not give Obe∣dience in keeping Presbyteries, within the bounds of the respective Paroches, where they preach. And ordains Extracts of this Act to be sent to every one of the saids Ministers, that none of them pretend ignorance.

How or what way this Injunction was observed, I am not much concerned to en∣quire. Onely the Reader would know, that the Presbyteries now, and before the year 1638. were not the same; so that however honest Ministers did observe those; yet no honest man could, with a good Conscience, keep these meetings now; because before the year 1638. Presbyteries had never been discharged, or removed: How∣beit many complied with the Prelates then, and frequented these meetings, yet good men keeped their Possessions; only the Synods then were so far changed into Episcopal Visitations, that several honest men had not peace and freedom in going to them. But in our Dayes, Presbyterian Government was plucked up by the roots, and wholly cast away: And there was no Presbytery or Synod, but what was purely Episcopal, depending upon him, and recognosceing his Power. Whence we see, that by this Injunction, a compliance with Prelacy was designed. And I suppose, such of those Indulged Ministers, as had not freedom in Conscience to yeeld obe∣dience unto this command, thought that by compliance herewith they should have Homologated the Prelats Power, and abjured Prelacy, notwithstanding that they were obliged by the Command of God, to hold such meetings for the exercise of Discipline, according to the Patterne of the New Testament, if such circumstances had not made it sinful in them: Why then might they not also have judged it unlaw∣ful for them, to have accepted of the Indulgence, as homologating the Magistrat's usurped Supremacie, and abjured Erastianisme, notwithstanding of their Obliga∣tion to preach the Gospel? Why did not the Obligation to observe Presbyterial As∣semblies, for the Exercise of Discipline, make them willing to step over the incon∣venience of Prelacie, without acknowledging of which they could not keep these meetings hic & nune; as they supposed their obligation to preach the Gospel did warrand them to step over the inconveniencie of Erastianisme, without acknowledg∣ing of which they could as little preach hic & nune; Especially seing if they observ∣ed not these Presbyteries and Synods, they could observe none: But though they preached not in these places designed by the Indulgers, they could have preached else∣where, with as much Glory to Christ, Good to souls, Edification of the whole Body, and Peace in their own mindes, if not more. I see not, how they, who scrupled not at preaching, though, as circumstantiated, attended with abjured Eras∣tianisme, could rationally scruple the Exercise of Presbyterian Discipline, though, as circumstantiated, attended with abjured Prelacy. Yea, I think there was less ground for scrupling this of Discipline, than for scrupling that of Preaching; be∣cause, as I said, they could have preached without the Erastian Indulgence, & that to much more advantage, as experience hath proved in others; But they could not have exerced Discipline, such I meane as used to be exerced in Presbyteries and Synods, without the Prelates Courts.

We have now seen the Progress of this device of the Indulgence, contrived mainely to suppress and keep down the Meetings of the Lords people in houses, and in the fields, which were the eye-sore of the Rulers, and which they were seeking to de∣stroy

by all meanes: As appeareth by that grievous Act of Parlia. made against them August 13. 1670. with the Act against Baptismes August 17. 1670. and that made Au∣gust 20. 1670. against withdrawing from publick meetings; all tending to this End. But notwithstanding of all th••se Midianit ish wiles, and cruel Acts, such was the pre∣sence of the Lord in the Assemblings of his people, and so powerful was the Opera∣tion of his Spirit with the laboures of a few, who laid out themselves to hold up the Standart of Christ, though contrary to the Law of men; that the number of converts increased and multiplied daily, to the praise of the glory of Gods free grace, and to the great Encouragement of the few hands, that wrestled through all humane dis∣couragment. Therefore our Rulers cast about againe, and fall upon another de∣vice, which they supposed would prove effectual for destroying the work of the Lord; which was this. Besides the Ministers Indulged, as said is, there was a great company of Non-conforme Ministers, not yet Indulged, who they suppos∣ed either did, or might thereafter hold Conventicles (as they are called;) and therefore to remeed or prevent this in time coming, they appoint and ordaine them to such and such places, where Indulged Ministers were setled, there to be confin∣ed, granting them liberty to preach, and exercise their Ministery there, according as the Indulged men would allow and imploy them; or of new Indulging them by pairs, and appointing to places; thinking by this meanes to incapacitate so many Ministers from holding of Conventicles or private meetings there, or else where: All which will be clear by the Acts of Councel, which follow.

Halyrudhouse Septembr. 3. 1672.

THe Lord Commissioner his grace and the Lords of his Majesties Privie Councel, considering the Disordres, which have lately been by the frequent & nume∣rous Conventicles; and being willing to remeed so great an evil, in the gentlest manner that could be thought on; and his Maj. Commissioner being sufficiently instructed herein. They do order and appoint the Ministers after-named, outted since the yeer 1661. to Repaire to the Paroches following, and to remaine there∣in confined, permitting and allowing them to preach and exercise the other parts of their Ministerial function, in the Paroches, to which they are, or shall be con∣fined by this present Act, and Commission after specified, viz.

In the Dioces of Glasgow.

• In Egelsham Paroch, with Mr Iames Hammilton, Mr Donald Cargil.
• Paislay, with Mr Iohn Bairdy, Mrs William Eccles and Anthony Shaw.
• Neilstoun. Mrs Andrew Miller and Iames Wallace.
• Kilmakolme, Mrs Patrick Symson, and William Thomson.
• Kilbarchan, Mrs Iohn Stirling and Iames Walkinshaw.
• Killiallan, Mrs Iames Hutcheson and Alexander Iamison.

Irwing.

• Newmiles, Mrs Iohn Burnet and Georg Campbel.
• Phinick, Mrs Thomas Wyllie and William Sheil.
• Stewartoun, Mrs William Castellaw, Andrew Hutcheson and Andrew Mortoun.
• Dunlop, Mrs Gabriel Cuninghame and William Meine.
• Larges, Mrs Iohn Wallace and Alexander Gordoun.
• Kilbride, Mrs Robert Boid and Gilbert Hammiltoun.
• ...

• Comray, Mrs Archbald Porteus and Iohn Rae.
• Kilminning, with Mr Ralph Rodger, Mr Robert Fleming.
• Irwine, with Mr Georg Hutcheson, Mr Iohn Law.
• Kilmarnock, with Mr. Alexa. Wederburn, Mrs Iames Rowat and William Hay.
• Kilmares, with Mr Georg Ramsey, Mr Iohn Parke.
• Dreghorn, with Mr Iohn Spading, Mr Iames Donaldson.
• Beith, with Mr William Maitland, Mr William Creightoun.
• Kilbirnie, with Mr William Datlidafe, Mr Patrick Anderson.
• Ardrossine, with Mr Iohn Bell, Mr Iames Bell.

Air.

• Cultoun, Mr William Fullertoun.
• Riccartoun, Mrs Hugh Campbel and Hugh Crawfurd.
• Dundonald, Mrs Iohn Osburne and Iohn Hutcheson.
• Machline, with Mr Iames Veitch, Mr Robert Archbald.
• Ochiltrie, with Mr Robert Miller, Mr Patrick Peacock.
• Gastoun, with Mr Alexander Blair, Mr Adam Alison.
• Cragie with Mr David Broun, Mr Robert Maxwel.
• Dalganie, with Mr Andrew Dalrumple, Mr Iohn Campbel.
• Symentoun, with Mr Iohn Gemil Mr Francisce Irwing.

Kircudbreight.

• ...Carsfairne, Iohn Semple, and Mr William Erskine.
• Kelles with Mr Cant, Mr Georg Wauch.
• Dalry, with Mr Iohn Mc Michen, Mr Thomas Thomsoun.
• Balmaclellan, Mrs Iames Lawrie and Thomas Vernor, in place of Iohn Ros, when he shall be transported to Staniekirk.

Hammiltoun.

• Avendale, Mrs Iames Hammiltoun and Robert Young.
• Glasford, Mrs William Hammiltoun and Iames Nasmith.
• Shots, Mrs Iames Curry and Alexander Bartoun.
• Dalserfe, Mrs Thomas Kirkaldy and Iohn Carmichel.
• Stanihouse, with Mr Iohn Oliphant, Mr Matthew Me Kell.
• Cambushnethen, with Mr William Violand, Mr Robert Lam.
• Dalzel, with Mr Iohn Lauder, Mr Thomas Melvil.

Lanerk.

• Carlouk, Mrs Alexander Livingstoun, and Peter Kid, now at Carlouk.
• Carmichel, Mrs Iohn Hammiltoun, and William Sommervail.
• Culter, Mrs Anthonie Murray and Robert Lokhart.
• Lamingtoun, with Mr Iohn Crawfurd, Mr William Baillie.
• Lesma••ago, with M•• Thom. Lawrie a regular incumbant, Mr Iames Brotherstons
• Carstairs, Mrs Iames Kirktoun and Iohn Greg.

Linlithgow.

• Westealder, Mrs Iohn Knox and William Weir.
• Burrowstouness, Mrs Robert Hunter and Iohn Ingles.

Lothian, &c.

• Lintoun, with ••r Robert Elliot, Mr Robert Elliot, his Son.
• Oxnam, with Mr Iohn Scot, Mr Hugh Scot.
• Hownam, with Mr Iohn Stirling, Mr . . . . . Ker.

Argyle.

• Killerne, Mrs Iohn Cunninson, and Alexander Mc Claine.
• Kilfannan, Mr Iohn Cameron.
• Campbeltoun, Mrs Duncan Campbel and Edward Keith.
• Kilchattain in Lorn, Mrs Iohn Duncanson and Alexander Mc Claine.
• Knapdail with Mr Dougal Campbel a Regular Incumbent, Mr Duncan Campbel.
• South Kyntire, Mr David Sympson.

And yet notwithstanding of the said confinement, the Lord Commissioner his grace, and Lords of his Maj. Privie Councel, give full power, warrand and com∣mission to the Lord Chancellovr, the Lord Duke of Hammiltoun, the Earles of Ar∣gyle, Tweddale and Dundonald, The Lords President of the Session, Register, Treasurer Depute, and Justice-Clerk, with the Bishop of the Diocess, where∣in the saids Ministers are confined, or any foure of them, within the space of Six Moneths after the date hereof, to alter and change any of the Persons fore∣saids from any of the saids Paroches, to another of those Paroches; or to allow and confine other Persons in their place; They alwayes pitching in the first place upon some outted Ministers from that Diocess, wherein the Paroches, to which they are to be confined, dolye: And allowing none to preach, who were outted before the yeer 1662. or being outted since the yeer 1661. are under ••ertifications, or sentences of any Court of this Kingdom: With power to the said Commissioners and their quorum, to confine to and allow outted Ministers, as said is, in the Pa∣roches of Tarboltoun, Barnweel, Stevenson, Lochguenoch, Inchanen and Mearns: and that so soon as the present Incumbents in these Paroches shall be provided, and transported to other Kirks. Recommending to Patrons, to give them Presen∣tations at Kirks that shall vaik; and particularly to . . . . . . . Patron of the Kirk of Gallouwsheils to give a Presentation thereto Mr Alexander George. To . . . . . Patron of the Kirk of Burghtoun, to present thereto Mr Wil∣liam Naismith. To . . . . . . Patron of the Kirk of Maclue, to present thereto Mr Robert Kincaide. To . . . . . Patron of Grainae, to present thereto Mr . . . Stewart. And for the Intertainment and maintenance of the Ministers foresaids, confined and allowed by this Act, and of these formerly indulged by the Councel: The saids Lords do think fit, that the halfe of the Sti∣pends of the Respective Paroches, wherein they are confined, of the Crope and Yeer of God 1672. be payed to the Ministers, formerly indulged therein; and that the other halfe of the said stipend be equally devided amongst or betwixt these formerly, and now allowed to preach in the saids Paroches. The saids whole sti∣pends, receiving in the future Division proportionably, according to the number of Persons formerly and now allowed to preach therein. And where there was no Person formerly indulged, the third part of the stipend of the yeer 1672. is to be payed to these confined and allowed by this present Act, in the respective Paro∣ches foresaids. And in case any of the Ministers foresaids shall not serve; as they

are allowed by this Act or Commission foresaid; their proportion of the said sti∣pends are to be holden as vacant, and to be imployed, conforme to an Act to be made in this Session of Parliament, anent the disposal of the Vacant Stipends. And ordaines letters to be directed, at the Instance of the several Ministers fore∣saids, serving as said is, against these liable for payment of their proportions of the saids stipends. And the Lord Commissioners Grace, and Lords of his Maj. Privie Councel considering the extent of the Indulgence given by this Act, and that if the same should be any further enlarged, the regular Ministers might be discouraged, and the orderly and peacably disposed people of this Kingdom dis∣quieted; do declare that hereafter, they are not to extend the said Indulgence, in favours of any other people, or to any other Paroches, than to those mentioned in this Act; nor to allow outted Ministers to preach in any Kirks, not herein ex∣pressed, and wherein there are not already Ministers allowed to preach by this Act.

Thus we see this Indulgence very far extended, and as far as the Counsel minded to extend the same, in all time coming: But you will say, we hear of no Orders, In∣structions and Prescriptions, given unto them, whereby they were to be regulated in the exercise of their Ministrie, as others formerly allowed and licensed were. Therefore in order to this, there is an Act of Councel, of the date of the foresaid Indulgence, to this effect.

WHereas by an Act of the date of thir presents, and by former Acts of Coun∣cel, diverse Ministers ou••ted since the Year 1661. have been and are warrant∣ed and licensed, to preach at certaine Kirks, therein specified; and it being ne∣cessare for the better keeping of good Order, that the Rules following be observ∣ed by these Ministers indulged, by an Act of the date of thir presents, and these Indulged by former Acts of Councel. Therefore the Lord Commissioners Grace, and the Lords of his Maj. Privie Councel do enjoine the punctual and due obser∣vance thereof to the saids Ministers, as they will be answerable.

1. That they presume not to marry or baptize, except such as belong to the Pa∣roch, to which they are confined, or to the neighbouring Paroches vacant, or wanting Ministers for the time.

2. That all Ministers indulged in one and the same Diocess, celebrate the Com∣munion upon one and the same Lords Day, and that they admit none to their Communions belonging to other Paroches, without restificats from the Ministers thereof.

3. That they preach only in these Kirks, and not in the Church-yards, nor in any place else; under the paine, to be repute and punished as keepers of Con∣venticles.

4. That they remaine within, and depart not forth of the Paroch, to which they are confined, without license from the Bishop of the Diocess only.

5. That in the exercise of Discipline, all such cases, as were formerly refe∣rable to Presbyteries, continue still in the same manner; and where there is no Presbyterial meeting, that these cases be referred to the Presbyterie of the next bounds.

6. That the ordinary dues, payable to Bursers, Clerks of Presbyteries and Sy∣nods, be payed by the saids Ministers, as formerly.

And that the saids Ministers may have competent time for transporting of their families, and disposing upon their goods, The saids Lords suspends their confine∣ment for the space of three moneths, to the effect, in the mean time, they may go about their affairs, providing that during the time of the said Suspension, they do keep and observe the rest of the Orders and Instructions foresaids, and other Acts, made anent outted Ministers.

There was another act of Councel made this same day, concerning all the rest of the outted Ministers, nor as yet by name Indulged and licensed, and concerning some newly ordained, as followeth.

Halyroodhouse, Septemb. 3. 1672.

THe Lord Commissioner's Grace and the Lords of his Maj. privie Councel, consi∣dering that by the Act of the date of thir presents and former Acts of Councel, certaine Ministers outted since the Yeer 1661. are confined in manner ther••in con∣tained; and that there are remaining diverse of that Number not disposed on by the said Act, it ought also to be provided, that these may not give scandal to any, by with drawing themselves from the publick worshipe, in the Kirks of these Paroches, where they reside, nor ensnare others to do the like by their practice and example; do therefore give order and warrant to Sheriffs, Baylies of Regalities, Baylies of Baylieries, and their respective Deputes, and Magistrats within Brughs, to call and conveen before them all outted Ministers since the Yeer 1661. And not disposed on as said is, and who are not under a sentence or censure of State, resideing in the respective jurisdiction or bounds, or who shall in any time thereafter reside therein, to require them to hear the word preached, and communicat in the Kirk of those Paroches, where they dwell or repaire to; or dwell in some other Paroches, where they will be ordinary Hearers and Communicat; and to declare their resolution herein; and condescend upon the Paroches, where they intend to have their residence, and hear the word and Communicate: with power to the said Sherifs and other Ma∣gistrats foresaids to seize upon and imprison their Persons, within the space of a Mo∣neth after they should be so required. And in case any of the said Ministers shall reside in the Paroch, where there are Ministers indulged by the Councel, they are hereby warranted and allowed to preach in the Kirks of those Paroches, where they reside, upon the Invitation of the Minister therein confined and allowed; and not else.

And whereas some within the Kingdom, without any lawful Authority or Ordina∣tion, take upon them the calling of the Ministrie, preach and do other Acts, peculiar to those of that function; and considering that such Presumption and Intrusion upon the sacred O••fice, tend to the Disordering and Disquieting of the Church and King∣dom. Therefore the Lord Commissioner's Grace, and the L L. foresaid of his Maj. Privie Councel do enjoyn the said Sheriffs and other Magistrates foresaids, within the respective bounds, to make search for, and seize upon and imprison such, upon tryal that they have exercised the Office of a Minister: To acquaint the Councel of their Names and place of their Imprisonment, that such course may be taken with them as they shall think fit. And further, the said Sheriffs are ordained and com∣manded

to enquire, how the Ministers, confined and allowed to preach in their sever∣al Jurisdictions, do obey the Rules prescribed to them, and contained in another Act of Councel, of the date of thir presents, and whereof extracts are to be sent to the several Magistrates foresaid, who are hereby appointed to report to the Councel there anent, every six moneths, and betwixt and the first of june next their diligence in the execution of the order, contained in the Act, certifying them, that if they shall be negligent or remisse in the execution of the orders, given to them herein, or falzying to give in the said account, they shall be proceeded against and censured, according to their demerites.

By this Act we see what course was laid down to have all the outted Ministers can∣tonized, and brought under restraint, that so the Word might also be under bonds, and restricted to these bounds, to which they had been pleased to extend the Indul∣gence. We see also, how the Councel looked upon such, as had been ordained, but not by Prelates, and how they were to be persecuted by their Order. We see also, how the ministery of those, who were thus to confine themselves in places; where Indulged men were, is restricted by their Prescriptions, in its exercise.

But by the preceeding Act of Indulgence, we saw a number of Ministers Indulg∣ed. who were to repaire to the several places specified; and to this end every one of them were to receive their own particular Act or Summonds, to this effect.

Halyroodhouse Septemb. 3. 1672.

THe Lord Commissioner's Grace and the Lords of his Maj. Privie Councel, considering the disorders, which have lately been by frequent and numer∣ous Conventicles, & being willing to remeed so great an evil in the gentlest man∣ner could be thought on: and his Maj. Commissioner being sufficiently instructed herein. They do hereby order and appoint . . . to repaire to the Paroch Kirk of . . . and to remaine therein confined, permitting and allowing him to preach, & exercise the other parts of the Ministerial function in the said Paroch, with . . . formerly Indulged.

But where no Minister had been formerly Indulged, this last clause was left out. As also there was sent alongs with this act to every one of them an extract of the Councels Instructions, of the date thereof.

Here we see the Former Injunctions renewed, and pressed on all, formerly and now of late indulged; and moreover we finde some new Injunctions superadded, to wit, concerning the time of their celebrating of the Lords Supper; of purpose to hinder the greater Good and Edification of the people, who used to go to other Churches, than their owne, to partake of that Comforting and Strengthening Ordinance; Whereby also an insupportable yock was put upon their necks, to celebrat the Sa∣crament at times (as to some in particular possiblie) most unseasonable, when nei∣ther they nor their people were in case, and when the season of the year might prove an impediment in Landward Kirks, though none to Towns. And further they are injoined not to preach without the Walls of the Kirk, nay not so much as in their House; such hatred and indignation had these Rulers, at all House and Field Mee∣tings, that they would not suffer even their own licensed and warranted Mini∣sters to do any thing, that might carry the least appearance of any such thing. So

they are ordered to acknowledge their subjection unto the Prelates Courts, by re∣ferring cases, usually referable to Presbyteries, unto them; as also to testifie their acknowledgement of the Prelates Courts, by paying their proportion of the Salarie, now alledged to be due to the Clerks of these Courts. Any may see what snares were laid here; and what obedience was given hereunto by these Ministers, who accepted of the benefite of this Indulgence, I know not. It is sufficient for me to note here, that these Injunctions flow from an Usurped Power, and are not proper Magistratical Acts, circa sacra, but Intrinsecally Church-Constitutions (at least se∣veral of them:) and therefore the accepting of these, which were a piece of the com∣plex Business of the Indulgence, as tendered and granted by the Rulers, bewrayed their falling off, in so fa••, from former Principles, owned and sworne unto. And beside, this addition of New Instructions did show, that the Councel looked upon them, as their Curats, and as Obnoxious to their Orders in Church-Matters, and what concerneth the manner and way of their exerceing of the ministerial function, as the other Curats are unto the Prelates, or as ••ver any Minister was obnoxious to the Canons and Constitutions of General or Provincial Assemblies, in our best times. And let me enquire of these Accepters, how they think such an act as this, had it been done, while the Church was in possession of her Power, would have been looked upon? And how our General Assemblie would have looked upon such Ministers, as should have submitted unto the like then, as they have done now? I suppose they will think, that if they had done so, they would have met with no less, than Deposition. And then let them consider, if that can be a commendable duty now, which would then have been such a Transgression. And let them say whether or not, such do them great wrong, who, adhering to their former Prin∣ciples, must needs look on them, as ipso jure deposed.

It deserves to be noted here, that a Lybel was formed against one Mr William Weer, at this time Indulged, and permitted to preach in West-calder; and he was looked upon by the Councel, as one, that most basely slighted their Favour and Indulgence, and was severely to be punished, because he thought it not sufficient to enter unto that charge, mee••ly upon the Act of the Councel; but to satisfie him∣self the more, as to his ground of en••rie, did receive a call from some of the Heri∣tors and People; and because in his first preaching to that people he declared his adhe∣rence to the So••emne League and Covenant, and that he did not acknowledge the power either of King of Bishop, in matters belonging to the Church of Christ: And in his next Sermon said, that neither King nor Councel were the Treasurers of the Gospel, or of the Ministrie of it. And because the following day, he preached against the Supremacie in matters Ecclesiastical, and against Prelacy: And because he had in preaching declared, that the Civil Magistrate had no power to appoint a day to be kept holy and observed in holy worshipe. By which we see, That the Councel tak∣eth upon them to make this man a Minister, though they plainely shew, that he was never owned as a Minister by the Church-Judicatories. Further we see, That the Councels Act, thus ordering these Indulged Ministers to the respective Kirks, was all the call they had, or that they would acknowledge should be had, or required; and therefore the Indulged have no call, but the call of the Councel as their ground. Further we hence see that the Councels aime and end (among others) was to have the Supremacie established, and Prelacie; so that the very speaking against these, by

such as were Indulged, was sufficient to be the matter of a Lybel, and was looked on as criminal: What Interpretation can then be given of the silence of others, thus Indulged, as to these great points let sober men judge; and whether or not, the Councel did suppose, that by this Indulgence, they had obtained so many coy∣duks, as did willingly submit thereunto.

I know several Ministers, mentioned in this Act, had not freedom to accept of this supposed favour of the Indulgence, and were therefore cited before the Coun∣cel: Among these, faithful and worthy Mr Iohn Burnet, Minister at Kilbride neer Glasgow, was one, who thought it his duty to give an open and plaine account of his Reasons to the Councel, why he could not submit to that Indulgence, and for this end, drew up his Reasons in write, directing it to the Councel: But being prevented by sickness, and thereafter by death, did not get it presented, yet sent it to the Chancellor, and left it, as his Testimonie against that evil, not changing what might have been changed in the manner of its address, because of sickness and other inconveniences. I shall here set it downe, as he left it; not only because it was his Testimony to the Truth (and Testimonies should be carefully keeped, and Committed to posteritie;) but also because his Reasons are weighty, and may helpe us to see more of the iniquity of this Indulgence. His paper was as follloweth.

The draught of this Paper was framed purposely to the S. Coun∣cel, as will appear in the very entrie thereof, which mould I could not change, because of the want of health, and other Inconveniences.

BEing called before his Majesties Privie Councel to give an account of the rea∣sons, why I have not accepted of this present Indulgence, granted by his most excellent Majest. to several Presbyterian Ministers in Scotland, I desire humblie and in the fear of God (who standeth in the Congregation of the Migh∣tie, and Judgeth among the Gods) to give this true, sober and ingenous Relation of such things, as did and doe invinciblie binde me, why I cannot accept of this late complex Indulgence, framed in three distinct Acts of Councel, of the Date Sept. 3. and 7. 1672. To which I shall premit these things briefly.

1. That it is well known to all the Protestant Reformed Churches abroad, concerning the Constitution and Government of this ancient Church of Scotland for many yeers, and particularly in the yeer 1660. That it was framed according to the Word of God, confirmed by many laudable and ancient Lawes of the King∣dome, and solemnly sworne to by all Ranks within the same.

2. It is also found by lamentable experience, that since that time this Ancient and Apostolick Government is wholly overturned in its very Species and kinde, and that by the Introduction of Lordly Prelacie, which is tyrannically exercised; whereby the Church was suddenly deprived of her lawfully called Pastours, and their roomes filled by strangers, violently thrust-in upon the people, many of whom have proven scandalous and insufficient.

3. The sad Effects of these things are conspicuously apparent upon the face of this Church this day, such as involving the Land in great backsliding and defe∣ction,

the abounding Ignorance & Atheisme, the overflowing spa••e of Sensuality & Profanness like to Sodome, the increase of Poperie and Errour through the Land, even to the height of Antichristian Paganisme, & Quakerisme; The sharp suffer∣ing and smartings of many of his Maj. loyal Subjects through the Land, meerly because they cannot conforme to the present Prelatical frame; and finally the in∣crease of Animosities, Dissentions, Divisions, Jealousies, and Differences a∣mong the Subjects.

4. Whatever Power sound and orthodox Divines do acknowledge the Magi∣strat to have, and may have exercised in a troubled and extraordinary state of the Church; yet it is not at all yeelded by them, that the Magistrat may in any wayes, alter its warrantablie established Government, and so turne that same ••roub••ed and perplexed state and frame of the Church, made such by himself, meerly to be the subject of his magisterial authoritative Care and Operation.

5. That I be not mistaken, as denying to his Maj. his just Power in Ecclesiastick matters. I do humblie and with great alacritie acknowledge, that the Civil Ma∣gistrat hath a power circa Sacra, which power is objectively Ecclesiastick; so as he by his Royal Authoritie may enjoyn that whatsoever is commanded by the God of Heaven, may be diligently done for the House of the God of Heaven; which Power also is by Gods appointment only Cumulative and Auxiliary to the Church, not Privative, nor Destructive, and is to be exerced alwayes in a Civil manner.

As to the Reasons of my not-acceptance of the present Offer, and not repairing to the place designed by the Councel: They are

1. That our Lord Jesus Christ, Mediator, the King and Lawgiver of his owne Church, hath committed all Ministeria•• Authority, for Government of his House, to his own Church-Officers, as the first proper subject and receptacle thereof, Ioh. 20: v. 21. As my Father sent me, so send I you. Math. 28:18.19.20. All Power is given to me in Heaven and Eearth, go ye and preach the Gospel. 2 Cor. 10: v 8. Our Authoritie which the Lord hath given us for edification, and not for destru∣ction▪ &c. But so it is that the Act explanatorie of his Maj. Supremacie in the Church, (whereupon the Act of Indulgence is grounded) doth not only claime the Power to belong of right to his Maj. and Successours, as an inherent pri∣vilege of the Crown, but doth actually also invest and cloath him with the formal exercise thereof in his own Person, and that he may derive the same, and con∣vey it to others, as in his Royal wisdome He shall think fit: For his Majest. is pleased to designe and make application of Ministers to Congregations, and that, without the previous call of the People, and power of the Presbytery (which would suppose the Civil Magistrat to have Authoritie to judge of the suitableness of Ministers parts and gifts to labour amongst such and such a people.) As also to frame and prescribe Ecclesiastick Rules, relating to the exercise of the Ministerial Office, as also appointing a Commission to Plant and Transplant Ministers, as they shall think fit; Notwithstanding that it hath been unanswerablie evinced, that Pres∣byte••ian Government is founded on the Word of God, and confirmed otherwayes aboundantly.

2. Although I do freely disallow and condemne all tumultuarie and seditious meetings (among which it is sad and grievous, that the peacable meetings of the

Lords People for Worship, and hearing the Word soundly preached, should be reckoned;) yet I am so convinced and perswaded in my heart of the Lords bles∣sing, attending the preaching of the Gospel (though not in a pub••ick Parish Church) as that I judge the narrative of the first act to go near to involve my acceptance of this Indulgence, being an interpretative condemning of the saids meetings.

3. There is a standing relation betwixt me & another Flock, overwhich I was set, by the appointment of Jesus Christ in his word, which tye c••n never reallie be dis∣solved by any other Power, than that which at first did make it up, and give it a being: And after that I had Ten years (during the English Usurpation) wrestled in opposition to Quakers & Independants▪ in the place, where the first breach had been made upon the Church of Scotland, I was without any Ecclesiastick sentence thrust from the publick exerci••e o•• my Ministrie in that place, where there will be 1200. examinable Persons, whereof th••re were never 50. Persons, yet to this day, who have subjected themselves to him, who is called the Regular Incumbent; And that even when I was living 30. mi••es distant from the place. Now what a door is hereby (by my being keeped from my Charge) opened to Error, Atheisme and Profanness may be easily conj••ctured by those, who hear of the deplorable case of that people? And what a g••ief must it be to them, to have their owne Law∣ful Pastor shut up in a Corner, whereby we are both put out of a capacitie to re∣ceive any mo••e Spiritual comfort flowing from that Relation, which is yet in force betwix•• us? Or how is it to be imagined that any new supervenient relation can result betwixt another Flock and me, by vertue of an Act only of a meer Civil Ju∣dicatorie? Beside, that the people, in whom I have present Interest, are utterlie rendered hopeless by a clause in the end of the first Act viz. That the Indulgence, is not hereafter to be extended in favours of any other Congregation, than these mentioned in the Act, whe••eof they in that Parish are none.

4. That I will not offer to debate the Magistrat's sentence of Confinement, let be his Power to doe the same; yet I shall soberly say, there are so many things attend∣ing the present application thereof to my Person, that it cannot be expected, I should give that Obedience hereto, which might inferre my owne Consent or Ap∣probation, for 1. Though this Confinement be called a gentle remedie of the great evils of the Church, in the narrative of the first Act, yet it is found to be a verie sharp punishment, as it is circumstantia••. 2. All punishments, inflicted by Magi∣strats on Subjects, ought to relate to some Cause or Crime, and cannot be done arbitrarilie, without oppression, which truth is ingraven on the light of nature: For Festus, a heathen Man Acts 25:27. could say, It seemeth to me unreasonable to send a Prisoner and not withal to signifie the crime laid against him; yet am I sentenced and sent in fetters to a Congregation, without so much as being charged with any crime, And all the world are left to collect the reason of this Censure. 3. If my Confinement relate not to any crime, it must needs relate to a designe, which designe is obvious to Common sense, viz. th••t I should preach and exercise the Office of my Ministrie, whollie at the appointment & disposal of the Civil Ma∣gistrat; and a sentence of Confinement is less obvious to debate and dispute by the Subjects, and will more easily goe downe with any simple man, than an express command to preach, grounded on his Maj. Royal Prerogative and Supremacie, and cannot readily be refused by any, unless a man make himself to be constructed,

a squimish wild Phanatick, and expose himself to great sufferings; so this Confin∣ment, which hath both his Maj. Prerogative and Supremacie in Ecclesiastick mat∣ters in it, comes to me in roome, and that directly, of the Peoples Call, and Pres∣byteries Authoritie and other Ecclesiastick Appointment. Now this designe, however closely covered, I dare not in Conscience, yea I cannot (with the pre∣servation of my Judgment and Principles) concurre with, or be consentient there∣to. 4. By the Confinment I am put to an open shame before the world, and particu∣larly in that place, where I am permitted to preach the Gospel: For what weight can my preaching or ministerial Acts of Discipline and Government have, while I my self am handled and dealt with as a Malefactour and Transgressour, a Rebel or Traitour to my Prince & Nation? Or how can I preach the word of the Lord free∣ly and boldly against the ••innes of the time (as against Profanness, Errour, Inju∣stice and Oppression) as Ministers ought impartially to do, while I am kept under a perpetual check of the sword of the Magistrat at my throat? This to me is not preaching, but an over-awed discourse: Morover, I become a prey for any malici∣ous prejudicat hearer, who shall happen to accuse and informe against me. Can I be answerable to God who sent me, to render up my self willingly to be a servant of men? Were not this to cut-out my owne tongue with my owne hands? 5. This Confinment is not simplie or mainly of my Person, (which sentence if it were so, I should most willingly undergo) but it is of the Office it self (the imprisonment of which ought to be sadder to me, than any personal suffering whatsoever) while 1. It is not of me alone, but of all the Presbyterian Ministers in Scotland, a very few only excepted. 2. While the propagation of the Gospel by the personal restraint of us all is manifestly obstructed. 3. We are cut off from the discharge of ma∣ny necessary duties, which we owe to the Nation and Church, and specially at such a time, while she is in hazard to be swallowed up with a swarm of Iesuits, Quakers and other damnable Subverters of the Truth; and (which is yet more) while three parts of the Kingdom, are groaning under ••he want of the Word, faith∣fully preached, and some few Shirs only here in the West are made, as it were, the Common Goal of all the Ministers, that are permitted to preach. 4. By this Confinment, I lose an essential part of my Ministerie, which is the exercise of Ju∣risdiction and Church Government; which yet Mr Baxter, (a very favourable non-conformist) asserts to be as essential to the Office of a Minister, as Preaching of the word; The staff being as needful to the shepherd, as either the pigg or the horne is; so sayes the Scripture of preaching Elders Acts. 20.28. The Holy Ghost hath made you Overseers or Bishops, no less then Teachers; a principal par•• of which Government is Ordination of Ministers, for preservation of a succession of faithful men in the Church; whereof by the Act of Confinment (as also is ex∣presly provided by the last c••ause of the last Act) we are intentionally deprived for ever, while it is in force: In loseing of which one branch of our Government, we undo our own cause with our owne hands. I remember the first thing the ambi∣tious Romane Clergie invaded and usurped, was the Jurisdiction and Authoritie of Presbyters, turning the Ministers of Jesus Christ into the Prelats jurney men, making Curates of them, only for preaching and intimating the Bishops mandats, And what else doe I in this case, but make the Ministerie of the Gospel in my Person Immediatly dependant, in the exercise of it, upon the arbitriment of the Civil Magistrat.

5. As for the Permission and Allowance I have to preach▪ when confined, This Permission seemeth very fair, while I look on it abstractly, without relation to the rest of the Particular circumstances of the Act; for this would look like opening the door in part, which the Magistrat himself had shut; but while I take it com∣plexly with what else is joyned with it, it doth presently carry another ••ace, like some pictures or medals that have two or three different aspects to the eyes of the beholder: For Permission to preach in any vacant Church within the Kingdome is so very great a favour, as for which I would desire to bless God, and thank hi•• Maj. most heartily: But take it without the praevious Call of the people, the Au∣thoritie and Assistance of a Presbyterie, as it may be had; and take it without the exercise of Discipline and Government, but what is Congregational; and so it is ••ame. Againe, take it with the Confinment and other claggs and cavea••s, con∣tained in the 2. Act, Or take it with the burden of being obliged to follow all matters (formerly referable to Presbyteries and Synods) before these Presby∣teries and Synods, which are now constitute by Bishops and their De••egats; and so it is nothing but that same Accommodation, which we formerly had in our of∣fer from the Bishop, and did refuse: And take it yet with the robbing of our owne Congregations, and with the depriving of three parts of foure of the whole rest of the Land, and then I have it to consider, whether this my Permission to preach be not the putting of my neck under a heavier yoke, than it could be under before.

6. The last Reason (for brevity) is from the Affinity with and dependance this Act of his Maj. Royal Indulgence hath upon the late explanatorie Act of his Maj. Supremacie, (which I desire with sorrow of heart to look upon, as the greatest In∣croachment can be made upon the Crown and Authority of Jesus Christ, who is only King and Lawgiver of his Church upon Earth) as will be evident by com∣paring the two Acts together; For the Act of his Maj. Supremacie (besides the narrative) containes two principal parts, viz. (1) The Assertorie of his Maj. Su∣premacie, which is the main Theam proposed to be explained, in these Words▪ The Estates of Parliament do hereby Enact, Assert and Declare, that His Majest. hath the supreame Authoritie and Supremacie over all Persons, and in all Causes Ecclesiastick▪ within this Kingdom. (2. The Explanatorie part followes, in so many most comprehensive and extensive Branches and Articles, thus: That by vertue thereof the Ordering and Disposal of the external Government of the Church doth properly belong to his Maj. and his Successours, as an inherent righ•• of the Crown, and that his Maj. and Successours may Settle, Enact & Emit such Constitutions, Acts & Orders, concerning the Administration of the external Government of the Church, and the Persons employed in the same, and concerning all Ecclesiastical meetings and matters, to be proposed and determined therein, as they in their Royal Wisdome shall ••hink fit.

Againe the Act of his Maj Royal Indulgence, which is the exercise and actual application of his Supremacie in matters Ecclesiastick, may be taken up in these particulars comprehensively. (1) The nomination and election of such and such Ministers, to such and such respective places. (2) A power to plant and trans∣plant, put out and put in Ministers to the Church. (3) The framing and prescri∣bing Rules and Instructions, for limiting Ministers in the exercise of the Ministe∣rial Office. (4) The ordaining Inferiour Magistrats, as Sherifs, Justices, &c. to

informe the Councel every six moneths, under highest paines, anent the carriage of Indulged Ministers, and how they observe the foresaid Rules. (5) The Con∣fining of licensed Ministers to one small Corner of the Kingdome, and declaring all other Places and Congregations whatsoever within this Nation to be uncapable of any share of this Royal Favour, except such places only as are exptesly con∣tained in the Act itself. Now, that these Particulars of the Act of Indulgence are of the same nature and kinde with the Articles Explanatorie of his Maj. Su∣premacie, will demonstratively appear by this plaine Argument, viz. To Settle, Enact, Emit Constitutions, Acts and Orders concerning Matters, Meetings and Persons Ec∣clesiastick, according to their Royal pleasure, is the very substance and definition of his Majest. Supremacie, as it is explained by his Estates of Parliament. But the Act of his Majest. Indulgence, in the whole five fornamed particulars thereof, is only to Settle, Enact and Emit such Constitutions, Acts and Orders, concerning mat∣ters, and Meetings, and Persons Ecclesiastical, according to Royal pleasure: Therefore the Act of his Maj. Indulgence is the substance and definition of his Maj. Supremacie, as it is explained by his Estates of Parliament. The Rules and Instructions for limiting Ministers in the exercise of their Office, as also the rest of the two forenamed Particulars of the Indulgence, are such, as I declare I cannot accept of them, or any other favour whatsoever, upon such termes and condi∣tions; because they containe the down-right exercise of Erastianisme (as I humbly conceive; and a discretive judgment of such Acts as a man resolving to practise can not be denyed him, unless men be turned into bruits, and so be ruled no more as reasonable creatures) namely, the Magistrat by his proper and elicit Acts, doing that which is purely Spiritual and Ecclesiastick, as a Nomothetick Head and Lawgiver, framing such Lawes and Constitutions Ecclesiastick, as are not com∣petent for any Ministerial or Declarative Power to enact or impose; but of that Power only, which is absolutely Soveraigne: and whatsoever will militat against an Ecclesiastick Person, to arrogat to himself to be Christs Vicar on Earth, and a visible Head, to give and make Lawes for the Church, according to his pleasure; The same also will make much against any other, though the greatest in the World, to assume to himself this Prerogative, so long as he can produce no divine warrant for this claime. A more particular consideration of these Rules, and other Parti∣culars, I must needs (for brevity) forbear.

My Noble Lord. HAving, in the singleness of my heart, and I trust without any just ground of of∣fence, given this short and sober account of the Reasons, why I have not made use of his Majest. Royal favour and Indulgence, And being fully perswad∣ed in my Conscience, that both Magistracie and Ministery are Gods Ordinance, & no wayes destructive, but mutually helpful one to another; so that I can not but earnestly long, That the Lord, who hath the hearts of Kings and Rulers in his hand, would put it in the heart of our great Soveraigne (and in your Gr's heart to be instrumental therein) that he would grant us, Ministers, libertie to make full proof of that Ministery, which the Lord hath given us for edification, and not for destruction; that we might have the opportunitie to make it appear, that the Go∣vernment,

which the Lord Jesus hath appointed in his Church, doth well con∣sist and agree with the Magistrats Civil Government in the State, that so I and all others, my outted Brethren, may have access to our former Charges, or other Congregations, as we shall have opportunity of a cordial Invitation from the people, with the assistance and help authoritatively of lawful Church ••udicato∣ries, until such time as God shall grant a patent way to returne to our own Char∣ges. (2.) And that Presbyterian Ministers may have access to his Maj. for re∣presenting just grievances, which press heavily our Consciences, and the con∣sciences of the people, his Maj. loyal and faithful Subjects in the Land. In grant∣ing of which necessary and just desire, I your Gr's. Servant shall be a humble Sup∣plicant at the Throne of Grace, for the preservation of his Maj. Person, the esta∣blishing of his Throne in righteousness; and that the Lord would poure forth the Spirit of righteous judgment on your Grace that the Lord may be blest, and your Grace may finde mercie in the day of visitation.

J. BURNET.

By this free and faithful Testimony, we see what Reasons moved him not to ac∣cept of this supposed favour; and particularly we may observe, that one maine Rea∣son was, the Relation and Affinitie, that was betwixt the Act of Indulgence, and the Explicatory Act of Supremacie; so that who ever accepted of this Indulgence, could not but be looked upon as virtually and materially (at least) approving and consenting to the Supremacie; & what iniquity lyeth wrapped-up in this, a few words could not express.

But Moreover there were Ten Ministers (I suppose worthie Mr Iohn Burnet fore∣mentioned was one of them) who did meet together upon the same account, to draw up reasons of their refusing the Indulgence, to be presented unto the Councel: But though the Paper was drawn up and subscribed; yet I did not hear, that it was presented. However, because it may also contribute some light and confirmation, I shall set it down here, as I had it.

ALL of us being concerned and reached by the late Act of Indulgence and Con∣finement, & some of us being already cited to give an account, why we have not accepted the same, do humblie desire, in the fear of God, (who standeth in the Congregation of the Mighty, and judgeth among the Gods) to give this true, so∣ber and ingenous relation of the Reasons, which lye weighty on our Consciences, and binde us up from compliance with your LL. Commands, in this matter; briefly premitting first. That our non-compearance hath not flowed from any con∣tempt of, or disrespect unto Authority (which we alwayes highly esteem in the Lord, as our Consciences bear us witness, resolving through grace to submit there∣to, in all things Lawful) but from the apprehension, we have conceived of the hazard of our Ministrie and Persons thereby, lest by our personal appearance, and signifying our reasons coram, we might have probably irritated your LL. Secondly. That we be not mistaken, as denying to his Maj. his just power, in reference to Ecclesiastick matters, we do heartily and with great alacrity acknowledge, that the Civil Magistrat hath a power circa sacra, objectively Ecclesiastick; so as he by his Royal Authority may enjoine, that whatsoever is commanded by the God of

heaven, may be diligently done for the house of the God of heaven: Which po∣wer is only cumulative and auxiliary to the Church, not privative nor destructive, and is to be exercised alwayes modo civili.

As to the reasons amongst many, which might be adduced (not willing to trouble your L L. with prolixitie) we humblie propose these few.

1. That our blessed Lord Jesus Christ, Mediator, the only Head, King and Law-giver of his own Church, hath committed all Ministerial Power and Autho∣rity for Government of his House, to his own Church-Officers, as the first proper Subject and Receptacle thereof Ioh. 20:21. Matth. 16:19. and 18:18, 20. and 28: v. 18, 19, 20. 2 Cor. 10:8. But so it is, that the Act explanatory of his Maj. Su∣premacie in the Church, whereupon this Act of Indulgence is founded, doth a∣scribe this Power to His Maj. and His Successours, as an inherent right of the Crown; and actually invests him with the formal exercise thereof, in his own Person, deriving and conveying the same to others, as he in his Royal Wisdom shall think fit: And that the Act of Indulgence appeareth to be the Exercise and Actual Application of the Supremacie in Matters Ecclesiastick, is obvious by comparing the two Acts together; namely in these 3. Particulars, (1.) The No∣mination and Election of such and such Ministers to such and such respective Congregations, and that without the previous Call of the People, and Power of lawful Church-Judicatories; which supposeth the Civil Magistrat to have Autho∣rity to judge of the sutableness of Ministers Gifts and Qualifications, to labour a∣mong such and such people. (2.) A power to plant and transplant, to put-out and to put-in Ministers in the Church, and actually clothing Persons meerly ci∣vil with Power for that effect. (3.) The framing and prescribing Ecclesiastick Ca∣nons and Instructions, for regulating the exercise of the Ministerial Office: all which are proper, intrinsick and formal Acts of Church-power, belonging by vertue of Christs Institution to Church-Officers.

2. Although we do freely disallow and condemne all tumultuary and seditious Meetings (amongst which it is sad and grievous that the peacable Meetings of the Lords people, for Worship and hearing of the Word soundly preached, should be reckoned) yet are we so convinced and perswaded in our hearts of the Lords blessing, attending the preaching of the Gospel, though not in a publick Paroch-Church; as that we judge the narra••ive of the first Act goes neer to involve the Ac∣cepters of this Indulgence in an interpretative condemning of the saids Meetings; which we in Conscience da•• not do, being commanded to abstaine fom all appea∣rance of evil 1 Thes. 5:22.

3. There being a standing relation betwixt us and those flocks, over which the Holy Ghost hath made us Overseers, according to Christs Institution in his word▪ the sense of which tye engageth us, to have special regard to these flocks, until that be dissolved by the same power, that made it up and gave it a being; besides that by keeping us from our Charges, a wide door is opened to Errour, Atheisme and Prophanity, and we disabled to discharge the trust, committed to us by Christ, for which we must be answerable to him, in that great day of accounts: What a grief must it be to the people to have their own Lawful Pastours shut-up in a Cor∣ner, whereby both we and they are put out of a Capacity for performing of those duties, which tend to our mutual Comfort and Edification; which no doubt is

much aggravated by the Intrusion of others, whom they cannot acknowledge as their Lawful Pastors, they looking on the former relation, as yet in force.

4. Though we be far from questioning the Magistrats just power to confine any of his Subjects within his Dominions; yet there are several things in the present complex case, which we do humblie desire to present to your L L. as burdensome to our Consciences, as (1.) That this Confinement is not simplie of our Persons, but of the Ministrie it self, the Imprisonment of which should be sadder to us, than any personal suffering whatsomever: while, First, It is not of one or two, but of all the Presbyterian Ministers of the Church of Scotland, a very few only except∣ed. Secondly, While the Propagation of the Gospel, by the personal restraint of us all, is manifestly obstructed. Thirdly, We are cut off from the discharge of ma∣ny necessarie duties, which we owe to this National Church; and specially at such a time, when so much in hazard to be swallowed up with the floud of Iesuits, Qua∣kers and other damnable subverters of the Truth; and which is yet more, that the three parts of the Kingdom are groaning under the want of the word faithful∣ly preached. As also by this Confinement, we lose the exercise of an essential part of our Ministrie viz. Jurisdiction and Church-Government, a Principal part whereof is Ordination of Ministers, for preservation of a succession of faithful men in the Church, whereof by this Act of confinement (as is also expresly provided by the last clause of the last Act) we are intentionally deprived for ever, while it is in force; in loseing of which, we do burie our cause with our own hands (2.) We cannot but sadly regrate, that no Physical restraint is put upon Papists & Qua∣kers, yea while their Meetings and Conventicles have been found and known, yet not all quarrelled. But the Meetings of Orthodox Protestants hunted, pur∣sued and obstructed, to the great griefe of all the Godly in the Land, though nothing hath been found in them to the prejudice of the peace of the Kingdom, or his Maj. true Interest (3.) It is no small grievance, that we are cast in two's and three's in one Paroch, where there is no need of our Ministrie, nor accommo∣dation for our families, while there are Thousands left to the oversight of others, both in sufficient and scandalous.

5. By the last Act of this Indulgence, all Ministers not indulged are prohibite the exercise of their Ministrie, even as to the preaching of the word, except in the places of their respective confinements, and that upon a call from the Incum∣bent allannerly: And in their summonds are required to engage to the same; which being contrare to the Scripture commands, and the Commission delivered to us by the Lord Jesus, for feeding of his people by the everlasting Gospel, doth cast us upon a sad dilemma either of disobeying God, or your L L. so that we must say, Whether it be better to obey God or Men, judge ye.

And now, My Lords, having in the singleness of our hearts, and, we hope, with∣out any just ground of offence, given this short and serious representation of our thoughts, in this affaire; we humbly intreat your L L. to give a favourable hear∣ing to these our subsequent just and necessarie desires viz. 1. That your L L. would not construe our non-compliance with the Indulgence, as tendered in the forementioned Acts, to proceed from humour and peevishness; but from Con∣science, which makes us, that we dar not be ••ilent in matters of so great concern∣ment to our Lord and Master, to whom in the first place we owe fidelity, upon

all highest paines; and that our hearts may not condemne us, in withholding from Caesar what is Caesars, nor in giving to him, what is the Lords. 2. That we be not pressed to go to our Confinements, nor proceeded against as disloyal, and contemners of Authority, on that account; and that we may have liberty to preach the Gospel to our own respective flocks, and to others, as we have access in providence. 3. That your L L. would be pleased to deal with his Maj. to take off the legal restraints on our Ministrie and Persons; that we may peacably give ourselves to the work of the Ministrie, for the Edification of the body of Christ. 4. & Lastly. That your L L. would seriously consider, in the sight of the most high God (before whose tribunal we are all shortly to appear, and give an account of our acti∣ons) the heavy pressures and burdens, lying on the Consciences of Ministers and People for meer preaching, and hearing of the word; which pressures have main∣ly flowed from the heavy yoke of Prelacy (a plant that our heavenly Father never planted) under which this Church hath groaned those many years. And also we most humbly beseech your L L. that what favour it shall please his Maj. in his Royal Clemency to grant, may not be inconsistent with our known Prin∣ciples, to which we stand engaged by solemne Covenant and Oaths. In granting of which desires, as your L L. will undoubtedly make glade the hearts of many Thousands of his Maj. Loyal Subjects; so ye will much encourage us, your humble Petitioners, to continue serious Supplicants at the throne of grace, for Establishing his Maj. Throne in righteousness, and for pouring out a spirit of righ∣teous judgement; that we may lead a peaceable and quiet life, in all Godliness and honesty.

By these Testimonies and Papers, howbeit not all presented either to the Chancel∣lour or Councel, as was in singleness intended by some, we may see, that there wanted not weighty reasons to have moved such, as loved to walk tenderly, and circumspectly, in such a day of trial and snares, to have peremptorily refused this so dangerous, so ensnaring, so scandalous and so destructive an Indulgence.

We shall now proceed in our Historie, and hasten to an end thereof. The fol∣lowing year, to wit, 1673. Some Ministers, who had been Indulged, were now cited before the Councel, for not observing the 29. of May. and other Instructions given unto them, of which, and of the carriage of these Ministers at that time, we shall take occasion hereafter to speak more fully, and shall content ourselves now with the simple relation of the matter, as it stands in the Registers.

VPon the 8. day of Iuly 1673. The Ministers underwritten, who were Indulged to preach, at the Kirks, specified in the Councels Act of the 3. of Septemb. 1672. and formerly, being conveened before the Councel, viz. Mr Iohn Craw∣furd, Mr Anthonie Murray, Mr Iohn Hammiltoun, Mr Iohn Oliphant, Mr Iames Currie, Mr Iohn Lauder, Mr Iohn Stirling, Mr Iames Hutcheson, Mr Iohn Bair∣dy, Mr Iohn Eccles, Mr Andrew Dalrymple, Mr Iohn Gemmil, Mr Hugh Camphel, Mr Alexander Blair, Mr Iames Veitch, Mr William Fullertoun, Mr Iohn Hutcheson, Mr Robert Miller, Mr George Ramsay, Mr Iohn Bell, Mr Ralph Rodger, Mr William Dillidaff, Mr Georg Hutcheson, Mr Iohn Spading; Mr Iohn Wallace, and Mr Wil∣liam Maitland; and all of them, except the saids Mr Iohn Bairdy, Mr Iohn Craw∣ford and Mr William Fullertoun, compearing, and all of them, except the saids

Mr Iohn Spading, Mr Iohn Wallace, and Mr William Maitland, acknowledging that they had not observed the 29▪ of May 1673. The Councel did finde them to have contraveened the 12. Act of the third Session of his Majest. second Parliament, and therefore fined ilk one of them, in the halfe of their respective proportions of the Stipends, allowed to them by the Act of Indulgence, and that for the Crope and year of God 1673. And in regard the saids Mr Iohn Spading, Mr Iohn Wallace, and Mr William Maitland did observe the 29. of May▪ the Lords of Councel as∣soiled them; and ordained the three Persons not compearing to be denounced Re∣bels. And further, the said Mr Alexander Blair Minister at Castoun, having pub∣lickly disowned the King and Councels Power, in giving them these Instructions, appointed for the Indulged Ministers; the Lords of Councel did ordaine him im∣mediatly to be carried to the Tolbooth of Edinburgh, and there to be kept close prisoner, until further order. And in regard diverse of these Indulged Ministers did pretend, they had not received the saids Instructions, did cause deliver to them extracts thereof at the Bar, that they might pretend no ignorance of the same.

Edinbr. the 10. of Iuly 1673. The Ministers underwritten being conveened for the cause foresaid, were fined ut supra, upon their own Confession, viz. Mr Iohn Mc Michen and Iohn Sempil. And Mr Iohn Colt not compearing was ordered to be denounced.

Edinbr. the last of Iuly 1673. The Ministers underwritten were also fined upon their own Confession, ut supra, for the causes foresaid, viz. Mr Iohn Scot, Mr Iames Fletcher, and Mr Robert Mowat.

Upon the 4. of Septemb. 1673. Mr Alexander Blair is ordered to have liberty upon caution, that dureing the time of his Inlargment, he should keep himself in the House of Iean Weir, nigh the Weigh-House of Edinbr. and re-enter his Per∣son within the Tolbooth thereof, within the space of one Moneth. And that dureing the said space, he should not keep any Meetings, contrare to the standing Lawes of the Kingdom, under the paine of 5000 Merks Scots money. And upon the 8. of Januar. 1674. his Inlargment is prorogat for the space of fourteen dayes, up∣on caution of the summe, and in the former termes.

But before this short time was fully at an end, He was called home to his Master's joy: of whom, & of the ground of his particular sufferings, we will have occasion to speak something hereafter; and therefore it will be sufficient at present, for clearing of what is past concerning him, to give a short deduction of the matter. When Mr Alex. Blair, and others (as we saw above) were called before the Council, upon the occasion mentioned, The Councel enquired if they had observed the Instructions that were given unto them; some answered that they had never seen them; where upon the Coun∣cel resolved, to prevent this excuse in time coming, to give to every one of them Co∣ram, a Copie of these Instructions. When the day appointed here unto cometh, they all compear, (what was their Deliberations and Resolutions, in the Interim, and what was the carriage of the rest, that day, we will have a fit occasion to speak hereafter) the Copie of the Instructions is given to each of them, standing Coram at the Bar; Several had received them, before, they were presented to Mr A. Blair. But when they are given to him, he, being moved with zeal, and remembering whose Ambassadour

he was, told the Council plainly, that he could receive no Instructions from them, to regulat him, in the exercise of his Ministrie; otherwise he should not be Christ Am∣bassadour, but theirs; and herewith letteth their Instructions drop out of his hand, knowing of no other Salv••, or manner of testifying for the Truth, in the case. The Council, seeing what a direct Opposition this was unto them in their Designes, in a rage sent him with a Macer unto prison; which made a great noise in the City, the more serious, though sorrowful at his sufferings, yet rejoicing that he had witnessed a good Confession, and so had perpetuated the Testimonie of the Church of Scotland her patience. This could not but carry some sad reflection with it on the rest, who had received, and come away with these Instructions in their hand; wherefore some Judicious and serious Ministers in the Town, being filled with shame and sorrow both at what past, endeavoured to call the rest together, that they might owne Mr Blairs Testimonie, vindicat themselves, and prevent the contempt, under which other∣wise they would lye; but though they did meet, yet nothing of this kind could be granted; some would not move one step forward; and the rest, out of a pretence of love to Union, though in evil, would not leave them; but they all, notwith∣standing of all their love to Union, left Mr Blair alone, who yet was not alone; his Masters presence making up the want of his Brethren their fellowship: at this meeting, I heard there was a motion made, that some should be appointed to write about the Magistrats Power in Church-matters; as if they, forsooth, could have found-out new Principles, to have justified their own proceedings, so point blank contrary to all the Actings of the Church of Scotland, and of the faithful in it, from the beginning; and if the Person that drew up their Vindication (of which afterward) was appointed hereunto, I should have expected nothing but a piece of Vedelian Pedantrie: But it was good, that this motion was also laid aside. However faithful and honest Mr Blair must moreover suffer by their Tongues; for they were not ashamed to say, that all his suffering was for his rude and unsutable car∣riage before the Council, though all that knew him, knew him to have as much of a Gentle-man, and of good breeding, as any of them: But the Truth was (as a faithful Person, to whom he himself spoke it, did report) he had that day bowed the knee to the Father of our Lord Jesus Christ, and with much earnestness begged Counsel and Courage, in order to a sutable carriage, at that appearance, and find∣ing his heart enlarged, did not leave praying that morning, until he had obtained some assurance, he should be assisted; and therefore came before the Council, with Micajahs Rudness (if so it must be called,) as having gote a sight of his Royal Ma∣ster, and durst do, or receive nothing, that might countenance an encroachment upon his Prerogative Royal. It was also known, that some of those, who in their previous Meeting voted for Mr B. being their mouth before the Council, said now, they were glade he was not, for then he had marred all their Business: And in a Vindication of the rest, emitted by some of their number, he is also (as we shall hear) lashed, and that with the Intrado of hinc illae lachrymae, as if he had done more hurt by this Testimonie, than his own, and the lives of many were worth. While worthie Mr B. is (as we have seen) in prison, he falleth very sick, and friends and Physicians fearing his disease should prove mortal, he with much difficulty ob∣tained the liberty mentioned, until he was taken home to glory. It is worthie of our noticeing, That dureing the time both of this Imprisonment and Confinement

as the Sufferings of Christ abounded in him, so his Consolations also abounded by J. C. for all who conversed with him returned comforted, by seeing and sharing of his Consolations; and particularly when drawing nigh to his end, how was his Soul made to rejoyce, in reflecting on his being honoured and helped to give that Testimony? And with what Horrour and Indignation would he express himself, up∣on supposition he had done less than he did; yea, all his griefe and regrate was, that he had not done more. At length, when the time of the liberty granted, to abide in his Chamber, was almost expired, his glorious Master, who would want him no longer, nor suffer him to want the Confessors reward, sent and rescued him from the rage of Persecutors, and from the Reproaches of his deserting Brethren, and took him home to his Masters Joy; and the sound of, well done good and faithful Servant, filling his eares, made him shut his eyes singing, and give up the Ghost in assurance of being embraced, and of having access to embrace.

From all this, these things are observable, 1. That God, by the speaking sig∣nifications he gave of his complacency in the Freedom and Fidelity of his Servant, wrote a sufficient refutation of all that was said by some, to disgrace both him and his Cause. 2. That here is a new witness from Heaven against these Invasions. 3. As also against the Indulgence, and the taking of these Instructions. Beside 4. The En∣couragement given to all to abide faithful, in avowing Christs Prerogatives, and the Priviledges of his Church and Kingdom, even though abandoned of all, who should bear them Companie, or go before them.

Ere we returne to take further notice of what past, when the forementioned In∣dulged Ministers compeared before the Councel, we shall for a close out of the Re∣gisters mention these following Acts.

Edinbr. 6. of Feb. 1673.

A Nent a petition, presented by Mr Robert Hunter, now Minister at Burrow∣stouness, that conforme to an Act of Councel, the petitioner did serve the cure at the Kirk of Duning for the 1671. and 1672. years, and after Martimass last did transport himself to the Kirk of Burrowstowness, conforme to the Councels Or∣der. And therefore humbly supplicating, that the Stipend of the said Paroch of Duning for the saids two years might be appointed to be payed to him. The Lords of his Maj. privie Councel, having heard and considered the said Petition, do or∣daine the said Stipend of the said Paroch, for the said two years, to be payed to the Supplicant; and that Letters of Horning be direct for that effect.

In the Year 1676. there came forth an open Proclamation, Dated March 1.

THE Lords of his Maj. Privie Councel considering that by their Act of the 3. Septemb. 1672. they did Order and appoint diverse outted Ministers, to re∣paire to the several Paroches, therein specified; and to remaine therein confined, permitting and allowing them to preach and exercise the other parts of the Mini∣sterial function in those Paroches, and did require and enjoyn these Ministers, or any other Ministers indulged by former Acts of Council, to keep and observe the Instructions following, as they would be answerable.

That they should not presume to Marry or Baptize any, except such as belonged

to the Paroch, to which they were confined, or to the neighbouring Paroches va∣cant or wanting Ministers for the time.

That all Ministers indulged, in one and the same Diocess, should celebrate the Communion upon one and the same Lords Day; and that they should admit none to their Communions belonging to other Paroches, without testificats from the Ministers thereof.

That they should preach only in these Kirks, and not in the Church-yards, nor in any place else, under the paine to be repute and punished, as keepers of Con∣venticles.

That they should remaine within and not depart forth of the Paroches, to which they are confined, without licence from the Bishop of the Diocess onely.

And whereas it is informed, that the saids outted Ministers, indulged as afore∣said (at the least many of them) have violated and contraveened the foresaids Or∣ders and Instructions (upon which termes they were permitted and indulged to preach and exercise the other functions of the Ministry) whereby many disorders are occasioned. The saids Lords do therefore, of new againe, require and com∣mand all these Indulged Ministers to keep and observe the foresaids Orders and Instructions, in time coming, and specially for keeping within the bounds of their Paroches, and celebrating the Communion upon one and the same Lords day, as they will be answerable at their perril. And ordains these presents to be printed, and Copies thereof sent to the several Ministers.

Nothing needeth be here observed beside the Parenthesis, where it is said, that the Observation of these Instructions was the termes, upon which they were indulged; and therefore when they accepted of the Indulgence on such termes, they consented to them, and professed and declared their willingness to accept of their Ministery, and of the free Exercise thereof upon these Conditions; So that whether they observed them punctually afterward, or not, the bargain was established, and they became oblieged by their own deed, in accepting of these favoures granted on these Condi∣tions, to observe the Instructions carefully; and it was too late to say afterward, that the Conditions were not lawful, and therefore could not be observed, for that should have been said at first; and even upon that account alone, had there been no∣thing else, they should have plainely and peremptorily rejected the supposed favour. Nor will it avail to say, that they knew not, that the punctual observing of these Instructions was made the Condition of the granted favour; for though at first these Instructions, when given, were not expresly so called; yet the manner of pro∣posal was such, as all who desired not willingly to run into a s••are, might have been convinced, that so and no otherwayes they were intended, and upon the matter could carry no other import. And if any were invinciblie ignorant hereof, at their first accepting of the Indulgence; yet now, when such a Printed Proclamation came forth, wherein this was in terminis expressed, and the Printed Proclamation order∣ed to be sent unto each of them, they could no longer pretend ignorance; and there∣fore were called, if they had been formerly really circumvented and cheated, now openly to have declared their unwillingness to accept of the Indulgence on these termes; and henceforth to have abandoned the same, and followed their Bre∣thren to the Mountaines. But now when this was not done, but they remain∣ed

in their warme nests, how they can plead innocent before God, or Man, I see not.

We proceed to relate a few things following.

Edinbr. 3. August. 1676.

THe Lords of his Maj. privie Councel do hereby ordaine Mr Iohn Stirling, Mini∣ster, who is confined to the Paroch at Hounam, by an Act of Councel and In∣dulged to preach in that Paroch, to transport himse••f from thence to the Town of Irwing, and confine himself to the Town and Paroch of Irwing, with liberty to preach and exercise the other Functions of the Ministrie, in that Paroch, as he did in the former, according to the Instructions of the Councel, given to the rest of the Indulged Ministers.

By which we see, that the simple Act of the Councel is the all and only ground of transportation from one place to another; and that alwayes the Instructions must go alongs with them, as the constant Companion of the Indulgence.

Edinb. 9. Novemb. 1676.

HAving heard and considered a Petition, presented by the Magistrats of the Brugh of Irwing, supplicating that the Stipend of the Paroch of Irwing, vacant in the year 1676. might be allowed to the Petitioners, for defraying the Expen∣ces, that Mr Iohn Stirling will be at, in transporting himself to Irwing, and re¦pairing the Kirk, School and Bridge of Irwing. Do allow the Supplicants the Sti∣pend of the said Paroch, for the said year 1676. Instant, which is vacant, for de∣fraying the expences of the said Mr Iohn Stirling, and repairing the Kirk, School and Bridge of Irwine; and if need bees ordained Le••ters of horning to be direct hereupon in forme as effeits.

Edinb. 1. March 1677.

Anent a petition presented by Mr William Maitland, Minister at Beeth, shew∣ing that the petitioner hath served the Cure, at the said Kirk; the two by gone years 1675. and 1676. without receiving any stipend, albeit he hath himself and a numerous family to maintaine, which he will not be longer able to undergo, un∣less the Lords of Councel be pleased to allow him the said stipend for the saids two years service: And therefore humbly supplicating, that an order and war∣rant might be granted for that effect, in manner underwritten. The Lords of his Maj. Privie Councel, having heard and considered the foresaid Petition, do here∣by grant order and warrand to the Heritors and others lyable in payment of the stipend of the said Paroch of Beeth, to make payment of the same to the Petitio∣ner, and that for ilk one of the saids crops and years of God 1675. and 1676. and ordains Letters of horning and others to be direct thereupon, in forme as effeirs.

Edinb. 7. of March. 1677.

The Lords of his Majest. privie Councel, do hereby ordaine Mr Alexander Hammiltoun, who is by Act of Councel confined to the Paroch of Dalmeny, and permitted to preach there, during their pleasure, to remove himself from the said Paroch of Dalmeny to the Paroch of Dalserfe, and that betwixt and the fift

day of Aprile next, and to confine himself within the said Paroch of Dalserfe till further order, as he will be answerable at his peril. And do hereby permit and a••low the said Mr Alexander Hammiltoun to preach and exercise the other functions of the Ministrie in the said Paroch, till furder order from the Councel, upon the same termes, that he hath exercised his Office formerly in the said Kirk of Dalmeny.

So that we see the whole exercise of the Ministrie, is, by this Indulgence, wholly at the free and arb••••riarious disposal of the Councel, and depending upon their Or∣ders. As also, we see, that the observation of the Instructions is an essentia•• part of the bargane, being the termes and condition, on which the Indulgence is granted.

There came forth a Printed Proclamation August. 10. 1677. as followeth.

FOR as much as the Lords of his Maj. Privy Councel, in pursuance of his Maj. Commands, signified to them by a Letter of the 7. of Iune 1669. did confine several outted Ministers to particular Paroches, with allowance to preach and exercise the other functions of the Ministry within the same, and did deliver to them certaine Instructions, to be keeped and observed; upon which they did accept the Indulgence granted to them. And a••beit these Instructions have been frequently repeated, and sent to these Ministers, yet diverse of them have con••raveened the same, without any manner of regarde thereto. And whereas by his Maj. Letter foresaid, it is left to the saids Lords, to allow to these Ministers such parts of the Stipends, as they should think fit; and that from time to time, the Councel hath gi••en Orders and Wa••rands to the Heretors and others, lyable in payment of the stipend, to make payment thereof, as they saw cause; without which special war••and, they could not, nor cannot, warrantably pay the same. Notwithstanding whereof, it is informed that several Heretors have payed, or intend to pay these stipends, without special Warrant and Order. The saids Lords do therefore Prohibite and discharge all Heretors, Fewers, Liferenters, and others, lyable in payment of the stipends of the Paroches, where these Mini∣sters are confined, to make payment of any part of the Stipend to them, for the cropt and year 1677. and in time coming without a special Order & Warrand from the Councel, under the penalty of being lyable in payment of the said Stipend againe, to such as the Councel shall appoint, and further censured for their Con∣tempt, and ordains these presents to be printed, and published upon a Sabbath day at the several Paroch-Kirks, where the saids Ministers are confined, that no Person pretend ignorance.

In the Proclamation-emitted in the preceeding year 1676. the Council said in plaine termes, that they granted the Indulgence, upon condition that the Indulged should observe the Instructions given; and here in this Proclamation, they say, that the Indulged did accept of the Indulgence granted to them, upon these termes; whereby we see that it was a full and formal compact, & the Indulgence was both granted & Ac∣cepted upon the termes specified. What can now be said for vindication of these ac∣cepters, I canno•• imagine. If they should say: That all this is but the deed of the Council, with which they are not concerned. Yet it is certaine, that every one is

Master of his own favours, and may dispense them on what termes he pleaseth; and when the termes are known, upon which such favours are granted, and the favours formerly accepted are held, though the conditions should seem hard, yet the fa∣vour is embraced cum hoc onere; & any after signification of a dissatisfaction cannot but be unseasonable and insignificant. It would now have been thought, if the Indulg∣ed had not been satisfied with the termes, after such publick Intimations were made unto the whole Nation, both of the grant of the favours, and of their acceptance, upon these termes, they would have signified their dissatisfaction with the bargain, and rejected the favour of the Indulgence, which they could have upon none, but sinful termes; especially now when their silence, and continuing in the possession of the favour, did not only interpretativly, but plainly and expresly, in the sight of the whole Nation, say, they were satisfied with the termes, and would rather sub∣mit unto them, than lose the benefite they had received in and by the Indulgence.

Upon which account possibly it was, that the Councel, seeing that they had attain∣ed their end, in granting the Indulgence, and had found the Indulged so calme and pliable to submit to any termes they pleased to propose, did mitigate, within two moneths thereafter▪ the severitie of the last Act, in so far, as concerned the sti∣pends; for Octob. 5. 1677. this Act was made, with which I shall end this historical Relation.

Edinb. Octob. 5. 1677.

The Lords of Council thought fit, of that the Indulged Ministers shall not be put to a necessity of seeking yearly warrands for their stipends: But autho∣rizeth and appointeth the Heretores of the Paroches, where they serve, to pay them their stipends, according as they serve the cure, in whole, or in part. And do declare, that if any of these Indulged Ministers shall be found to contra∣veen their Instructions, the Council will proceed against them, as they shall see occasion. And recommends to the respective Commissioners, appointed by the Council, for putting the Decreets of Council &c, and Acts against Conventi∣cles and others, in execution, to see them keep their confinements; and to re∣port if they finde them transgre••s.

We have thus deduced this Business of the Indulgence unto this period; and, as occasion offered, have hinted all alongs such remarks, as might suffice to give understanding in the matter, and to clear up the true state of the question unto the understanding and unprejudged Reader. And from what is said, the judicious may see what is to be said of the Indulgence, & of those Ministers, who have thus accept∣ed thereof, though no more were said: Yet that fuller satisfaction may be given in this matter, I shall, according as I promised, turn back a little; and take notice of some things, that fell out Anno 1673. when severals of the Indulged were (as we heard) called before the Councel, for not observing the 29. of May, and the Instructions that had been given to them, where by we may be helped to some fur∣ther clearness in this affaire.

And in this examination, I shall, as to the ground I go upon, be favourable to the Indulged, beyond all exceptions; for I shall only take notice of the relation of what passed, as made by one of themselves, in a Narrative (as it is called) con∣cerning the carriage of some Ministers, who appeared before the Councel in July last) to wit 1673) written in answere to afriend, who de••ired to be informed about that affaire; and

truth or falshood was in that Paper, scattered up and down among the People; concerning the same. And I suppose, no man will blame me for grounding my discourse against the Indulgence, and Indulged, upon this Narration, seing it may be supposed, that this would be made as favourable to them and their cause, as truth would suffer; and I shall be loath to question matters of fact; nor shall it be necessary for ••e to examine every word in that Paper it being sufficient for my present business, to touch upon those things, which are most material, and which concerne our pre∣sent question.

This Author tels us; that there were a considerable number of Ministers, who had ob∣tained liberty from the Magistrat to preach publickly, without hazard of that legal restra∣int, under which they lay before, cited before the Councel. But, not to exaggerat that word obtained, which would import, that these Ministers had been too active in procuring to themselves that liberty, as it is called; which, whether it was so, or not, I cannot determine, though this expression would give the Reader ground to suppose that indeed it had been so; I only observe, that his Construction of the Indul∣gence, and his Description thereof here given, appeareth too favourable, and more fa∣vourable than true; for sure there was more than this in the Indulgence; Matters had been thus, if the Act of Glasgow had been simply repealed, and every man permitt∣ed to returne home to his own Charge: But when that is not done; but every one of them sent to such places, as the Council thought meet, and appointed and ordained, there to abide, and to exerce the function of the Ministry, with such and such limi∣tations, and upon certaine Conditions held forth and made known, and (as the Councel saith) accepted and submitted to, it is manifest that the matter had a far other face. Beside, that the granting of liberty to preach publickly without hazard, needed no such Act of Parliament, as is the Act of Supremacy, to salve the grant∣ers in Law, and make the grant to stand good in Law. But what for a Possession this liberty is, the Charter, by which it is confirmed, may tell us. It can be no lawful Possession before God, which must have such a de Novo damus, and Charter to secure it: And that the Indulgence could not stand without this▪ we have seen above; and how, notwithstanding of all that liberty, the Indulged could not be secure, in point of Law, untill this explanatory Act of the Supremacy had past in Parliament Anno 1669. whereby not only what was done by King and Councel, in licensing of so many, before that Act, was declared to be legal, because of the Kings Supre∣macy in Church-Affairs, never before so amply and fully declared and explained; but way made for prosecuting the same designe, in time coming; according as it came to passe. When the Indulgence standeth engaged thus unto; and under the fa∣vourable aspect of that unparalleled Supremacie; who, that is not wholly devouted unto the Supremacy, can give such a favourable verdict of the Indulgence, as this Au∣thor did? Beside, that impartial On-lookers will judge, that there was much more in this Indulgence, seing it is obvious enough how the contrivance was made to break the honest suffering party, and (as some of the chiefe Contrivers said) to di∣vide betwixt the Mad-Cap Phanaticks, and the more sober; to confirme the Usur∣pation, to strengthen the hands of Adversaries, to suppress and keep down the glo∣rious and blessed Assemblings of the Lords people, and to settle people in a Sin∣ful silence and stupide Submission to all the Incroachments, made on the Prero∣gatives of the Crown of Christ, and on the Privileges of his Church, and to the

overturning of the whole Work of God; and not only the Intentio Operantium, (which Wise men so circumstantiated, as they were, were called to eve and con∣sider) was obvious and clear; but also the Intentio Operis was undeniable; however we may please ourselves, in devising terms of mincing and extenuating, where∣by to paint it forth, as well as we can, if not so, as that it shall appear beautiful; yet so as that it may not appear so deformed, as indeed it is, and will be to all that view it in a just and upright mirrour.

He saith that it is not easie nor necessare, to tell what was said to or by every one of them, they being called-in one by one; but this is certaine, that all of them (except two, who were dismissed upon their declaring that they had preached on that day onely because it fell to be their lecture-day) declared they had not preached on that day, and did agree in substance upon this ground of their forbearance, that it did not flow from any disloyalty or disaffection to Authority; but that they had not freedome to observe any s••lemne fixed anniversary Day for religious Worshippe, besides the Lords Day. To which I shall only crave leave to say, not questioning the account he giveth here, though the Council's books tell us▪ that there were Three assoiled, and that because of their observing that day; nor taking notice, that the Lords day is no anniversary day, but a weekly solemne day; nor doubting of the first part of their Apology; for as to some, it may be more than proba∣ble, that such was their loyal affection to Authority, that for fear of offending, they did not hold forth and plainely show the true ground as they ought to have done. I grant the Parliaments calling that day, an holyday, might give ground of scrupling to Conscientious Persons: Yet I suppose, it is well enough known, that this deno∣mination was not the effect of true Devotion, nor yet of Superstition; the day being observed, rather in honour of Bacchus, than of the true and living God; and that the Principal thing intended, was, a Solemne, Universal and Anniversary Condem∣nation of the work of Reformation, which was so fully signified in the very narra∣tive of the Act, that I wonder these Brethren did not give this, as the ground of their non-observing of that day. I shall not think, that they thought themselves free to abstract from that Narrative, and not once to notice it; seing they could not ab∣stract simple preaching on that day, from its due observation; and seing every one knowes, that every observation of a day holy, or civil, appointed by Men, doth homologat the Grounds & Reasons of the Institution.

But passing this, which is not of moment, as to our present business, he tells us, that there were foure of the Brethren called-in together, upon particular summonds, for baptizing of Children of other Congregations: To which among other legal defences (whereof he can give no particular account) they gave this answere; that these Acts, relating to that matter, were never intimate unto them. Upon which they were told by my L. Chanc. they should get them; and so all were commanded to appear againe the following Tuesday. As to this, we may see, that the Council did suppose those Acts to have been made known unto them. And that, so far as the Concil did know, all the rest, save these foure, had observed the Injunctions, otherwise they had been challenged upon the violation of them, as well as these foure. As to this answere, given by those foure, I suppose, the rest will willingly acknowledge, that it was not sufficient; and that another answer had been both more pertinent, and less introductive of new troubles; for probably, if this answere had not been given, they had not gote such a returne from my L. Chanc. Had they ingenously said, that their commission

bare them to Baptize, as well as to Preach; and that they might not be answerable to their Master, to refuse to Baptize any Childe within the Covenant, brought unto them for that end, much trouble and temptation had been, in all appearance, prevente••. And though I will not condemne all legal defences; yet I must say, that Ch••istian prudence might soon have taught them to have waved this defence, not only because it was obvious enough what would follow: but mainly because it contained a tacite acknowledgment, that they would not have done what they did, if the Act had been intimat to them; and that in time coming they would willingly obey the same; and consequently, that the Injunctions were just and righteous, and such as neither they, nor any other should disobey, whether because of the matter, or because of the power enjoining them: But more of this purpose afterward.

He gives us next an account of what they did in the Interval, and how they did meet almost every day, to consult what they should do, at their next appearance, in case these Acts (called, saith he, Rules) should be intimate unto them: And how a Paper was produced by some, appointed thereunto, which was only rela∣tive to these Instructions or Rules, with a touch of the reasons of their not-observing of the 29. of May, to which (saith he) afterwards was prefixed a pretty large Intro∣duction, concerning Christ's power, in and over his Church; and asserting the Magistrat's just right about Ecclesiastick affairs, as amply as any thing Mr Hutcheson spoke; and denying him no more, when it was finished, than he ••enied unto him. Concerning this Paper, I can say nothing, having never seen it; only I finde, it contained (as himself tels us, in the following words) this clause: That we could not receive from the Magistrate any Instructions, to regulate us in the exercise of our Ministrie: And I finde by his own relation; that three or foure dayes they debated upon this clause, which he calleth, Unqualified: And that many of the Brethren were against it, as an Assertion, which being so generally and indistinctly expressed, would not hold water, nor be found agreable with the Word of God, or Concessions even of our Orthodox Anti-Erastian Divines, concerning the Magistrates just right.

As to this Assertion, which, as he saith, Was not satisfying to some; though I do not know, what particularly was objected against it by these some; yet I may take liberty to say, that it appeareth not to me contrary either to the Word of God, or to the Concessions of Orthodox Anti-Erastian Divines, if it be understood, either as relative to the case than in hand (as it behooved to be, if pertinently adduced,) or according to the true and native import of the words, wherein it is expressed: and that because.

1. Nothing occureth to me, in Scripture, whence it can with any shew of pro∣bability be inferred, that this Assertion is not consonant to Scripture, except what is recorded of David's giving Instructions to the Levites, Porters and Singers, and Marshalling them in their several Orders and Work. But sure I am, all Anti-Erastian Divines look upon that practice, as no precedent to Christian Magi∣strates now, as is well known: And their ground is clear and irrefragable; for David▪ did what was done herein, not as King, by any proper Magistra••ical power, as is clear from what he said himself▪ when he was delivering all these Orders and Instructions, mentioned 1 Chron. 23. and 24. and 25. and 26. over unto Salomon Chap. 28. vers. 9, 10, 11, 12, 13. he tels him vers 19. That the Lord made him under∣stand all this, in writting by his hand upon him: And accordingly we finde Salo∣mon

doing nothing in this matter by his own proper Magistratical power; 2 Chron. 8: v. 14. But according to the order of David his Father. And moreover, when King Hezekiah is about this work, reforming what was am••sse, he doth nothing of this kind, Iure Regio, by his Magistratical power; but according to the commandement of David, and of Gad the Kings Seer; and Nathan the Prophet, 2 Chron. 29: v. 25. and it is added; for it was the commandement of the Lord, by his Prophets. In like manner King Josiah, when he is ordering Church-affairs, and reforming abuses, assumed nothing to himself of this Nature, as King, but appointed all to be according to the writting of David King of Israel, and according to the writting of Salomon his Son, 2 Chron. 35:4.

2. Nor can I call to mind what that Concession is of our Anti-Erastian Divines, that can seem to contro••e this, (1.) It cannot be that Concession, That Magistrates may and should put Ministers to their Duty, in following the Rules and Injunctions, prescribed by Christ, viz. in their Political Way, and by their Political Penalties: For hence it will no way follow, that Ministers receive Instructions from Magistra∣tes, to regulate them in the exercise of their Ministrie; more than it can be said, that Magistrates receive their Instructions, for regulating them in the exercise of their Civil Function, from Ministers; because Ministers, in their Ministerial Way, put Magistrates to their Duty, in following the Rules prescribed by God in his Word. (2.) Nor can it be that Concession, That Magistrates may, by their Political and Ci∣vil Sanction, confirme and enforce civilly Canons and Rules, Ministerially cleared and concluded by Church-Judicatories: For that is but to presse the Rules of Gods Word to be observed, and is no prescribing of Injunctions; but an enjoining civilly the Observation of Injunctions, imposed and proposed Ministerially by Church-Judicatories. (3.) Nor can it be that Concession, That the Magi∣strate is Custos utriusque tabulae, for the Reasons already given; The Minister also may be said, to be Custos utriusque tabulae, in his way and manner; and yet none wil hence inferre, that he may give Instructions unto Magistrats, to regulate them in the exercise of their Office. (4.) Nor can it be that Concession, That the Magistrat is Episcopus 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, an overseer of things without; for these external things are properly and formally political things, belonging to the Civil Government of the outward man; among which the function of the Ministrie, as such, cannot be reckoned; this being purely Ecclesiastick, and properly belonging to the Spiritual Kingdome of Christ. (5.) Nor can it be that Concession. That the Magistrate may limite and confine the Person of a Minister, whereby, per accident, there is a con∣finement laid upon the further extension of the exercise of his Ministrie: for every body seeth, that this is properly a confinement of the Person, and but consequently of the exercise of the Ministrie; and no man will say, that is Orthodox, that the Magistrate hath the same Power over the Office of the Ministrie, that he hath over the Person of the Minister.

3. Some such thing may, I grant, be gathered, with some probability, from that Assertion of Vedelius, viz. That Magistrats have an Inspection of the Office of Ministers, as he urgeth it. But he is no Anti-Erastian, but an Erastian Divine: And I suppose no such thing will follow from this Assertion, or the like, as qualified or explai∣ned by our Orthodox Divines, who have written against Vedelius, such as Apolloni∣us, Triglandius and Revius: Beside what Walaeus and Voetius have spoken hereunto.

4. I conceive that Assertion was very orthodox and safe; for these Reasons,

(1.) This Power of giving Instructions, for regulating the exerci••e of the Mini∣strie, would inferre or presuppose, that the Office of the Ministrie, and its exercise are subordinat to the Magistrate in linea recta: For Instructions and Orders or Rules coming from a Superiour (for from such they must come and not from an Inferiour, not yet from a Co-ordinat Power) to an Inferiour, say, that the Superiour hath Po∣wer to grant a Commission to that Inferiour, be it Court or Person, to Act in that function and sphaere; and a Power to Limite, Restrict, Enlarge or Qualifie the ex∣ercise of that function, as he seeth good: But none of our Orthodox Anti-Erastian Divines grant a Subordination, but assert a Collaterality. (2.) No Orthodox Anti-Erastian Divine will say, that Ministers, as such, are so subordinant unto the Supreme Magistrat, as other inferiour Magistrates are. But if the Supream Magistrat might give Instructions to Ministers, and prescribe Rules to regulat them in the exercise of their Ministrie; what difference shall there be, as to this, be∣twixt Ministers, as such, and inferiour Magistrates? Can the Supream Magistrate do more, as to the regulating of the Magistratical function, in inferiour Magistrates, than Limite them, Restrict them, Qualifie them by such and such Instructions? and what less shall now hereby be granted to him, in reference to Ministers, as such?

5. But now if we speak of Injunctions and Instructions, in particular, the matter will be yet more clear, that that Assertion was truth, and nothing but truth: For either the Instructions are concerning such things, as are at all times necessary to the right exercise of the Ministery; or concerning alterable circumstances, which only hic & nunc can be called neces••ary: If the former be said, it must be granted, that these are set down to us in the Word; for all necessaries are there contained; and if so, the Magistrat either enjoineth these Ministerially, as holding forth the mind of God; but this cannot be said, for then were he no Magistrat, in that, but a Church-Officer and a Minister: or Magistratically and Autocratorically, as a Civil Magistrate. And then this must either be, in Ecclesiâ reformata & bene instituta, that is, in a well reformed and instituted Church; or in Ecclesiâ reformanda & con∣fusa; that is, in a Church wholly confused & needing reformation; In the former case, Orthodox·Anti-Erastian Divines will say, there ought to be an antecedaneous judgement of the Curch, or of Ministers, who are the only authoritative and au∣thorized Ministerial Interpreters of the Word: And then the Magistrat doth not give the Instructions, but by his Civil Sanction politically inforceth the observation of Gods Instructions, authoritatively and ministerially held forth by the authorized ministerial Interpreters. The latter case is not our case, unless by this Concession we would grant Power and Liberty to any Magistrate, to overturn the best reformed Church that is, to the end he may order all things in it, as he pleaseth; which was never understood by the Users of this Distinction. If the Instructions respect only the alterable Peristatica: Either Christ hath given Power to his Church, in these cases, to judge, according to the General Rules of the Word; or not. No reformed Orthodox Anti-Erastian Divine will say not, and if the former be said (as it must be said) Then quo jure? By what Law can the Church be robbed of this Power? And by what right can the judgement of this matter be committed, in prima inflantia, at the very first, unto the Magistrat; or rather wholly and solely unto him? For thus the Ministers are altogether excluded, when it is said, that the Magistrate can give In∣structions

in these matters: For the granting of this power unto the Magistrate, will necessarily bring the examination and judgment of Ministers, as to the Acts of the exercise of their function, unto the Civil Court, either wholly, or in the first place at least, contrare to the Orthodox Anti-Erastian Doctrine.

I think then, that all, who minded honest and plaine dealing, in this day of tryal, and of witnessing to the truth; and to that truth, that so neerly conce••ned Christ, as King and Head of the Church, should have consented unto this Asser∣tion, and in plaine termes have told the Councel. That they were to receive no Instructi∣ons from the Magistrat, to regulat them in the exercise of their Ministrie. He tels us next, that Some supposed this question was determined, in the Concessions, that were in the Intro∣ducto••y part of the paper wherein the Magistrat's power objectively Ecc••esiastical is asserted. Bu•• if all those concessions, set down in the Introductory part of the Paper, issued in the clearing of the Magistrates power to be objectively Ecclesiastical, they expressed nothing to weaken the fore-mentioned Clause: For, who will say, that because the Magistrat's power is objectively Ecclesiastical: Therefore he can give Instructions to regulat Ministers, in the exercise of their Ministrie? It were as good a conse∣quence to say, The Magistrat is keeper of both the Tables of the Law. Ergo he may set down Instructions, Limitations and Rules, shewing when the Law o•• God shall oblige as the Law of God, and when not. And to lay, Because he hath the Scriptures for the object of his care: Therefore he may set down Rules how this or that Prophecie, this or that doctrinal Book, or History should be understood and Interpreted. So to say, Because his care reacheth to Doctrine, and he must coun∣tenance the preaching of Truth, and discountenance the preaching of Errour. Ergo he may appointe Ministers what to preach, and what not; and command them to preach of the Seven deadly sinnes, and not of Predestination, as the King said in his Letter to the Archbishop of York And because his power objectively reacheth to the Worship of God: therefore he may do as Ieroboam did. So because Discipline and Government are also the object of his care, therefore he may give Rules and Instructions, how the Chu••ch shall be governed; that is to say, whe∣ther by a Pope, or by Prelates, or by the People, or by Himself and his Under∣magistrates. Yea and from this power objectively Ecclesiastical, it may as well be Inferred, that he may regulat Controversies and other debates, handled in Church Assemblies, and prescribe what Arguments pro and what Arguments contra shall be used, what sins shall be so and so Censured, &c. Yea, in a word, we may as well inferre from this objectively Ecclesiastical power, all that is summarily con∣tained, in the Explicatory Act of Supremacy: As that he may give Instructions, to regulat Ministers, in the exercise of their Ministrie.

How did this debate issue? He saith, in end, some made a motion, which, with common consent, so far as could be discerned, was embraced: And what was this? That the Assertion should be thus qualified, That we would not receive from the Ma∣gistrate Instructions, Formally and Intrinsecally Ecclesiastical, to regulat us, &c. Which, in my judgment, was either nothing to the purpose; or (which is worse) was a betraying of the Cause: For either this was understood, in reference to these Rules, which the Councel prescribed in their Act Sept. 2.1672. or not. If not, what was it to the purpose then in hand? If it was understood with this refe∣rence, then either hereby they meant to justifie and defend their refusing to accept

of these Instructions, or to justifie their accepting of them, but not of others. If the former be said, Then (1.) Why was Mr Blair so much condemned, who did but refuse the accepting of these, that had been expressed in the Act, and were then exhibited? (2.) Why was it not plainly affirmed, that they would not receive these, that the Councel tendered unto them? (3.) Why was there so much debate in private, about a general Thesis, when the clear assertion of the Hypothesis, would have salved both Credite and Conscience? If the Assertion was thus qualified, to ju∣stifie their accepting of these Rules, then sure, the cause was betrayed: And if they were clear to accept of these Rules, what necessity was there for this general blinde? If they intended it for a Testimony, was that a fi•• season for a Testimonie, when they were resolved to yeeld to all, that was at that time desired, without hinck or scruple? Further, I suppose it wil be found, that some of these Instructions were indeed formally and intrinsecally Ecclesiastical. And if these were excepted, they should have been particularly mentioned, that all might have been clear; for in Te∣stimonies we cannot be plaine and clear enough. If they were not clear to embrace these Instructions; why did they not unanimously agree to tell this in plaine termes? And if reasons of their refusal had been demanded, ingenuity and plain, dealing had furnished them with reasons sufficient, taken both from the matter of the Rules, the manner of enjoining them, and from the sad consequences of obeying them, be∣side several other circumstances, not to be despised.

When all agreed unto the Assertion thus qualified, and so to the whole Paper that was drawn up, he tels us, there fell out another question, whether that Paper should be made use of, as a Directory, when they should be called to speak, before the Councel, or if it should be subscribed by all, and so given in as their answere, and sense of these Matters? This was, no doubt, a weighty debate, and such as might have occasioned their breach among themselves: But when the Lord is away, what Light or Counsel can remaine? Well, what came of this question? The ge∣nerality (he saith) were indeed for the subscribing of it. Which I confess I would not have been for; Nor yet for using of it as a Directorie; for reasons already given. But now the generality being for the subscribing of it, what became of it? Was it subscribed indeed? No, saith he; and thus the Minor part prevailed. But he saith, there were Reasons moving hereunto. And I shall be glade to hear these. The first is, One, who was then withdrawn about some necessary affairs, had declared before, upon reasons ponderous to him, that he was not free in his mind to subscribe any such Paper, at that time. It seemeth strange to me, that the unclearness of one should have proven such an effectual meane to stop the rest, in that, whereabout they had no scruple; espe∣cially when that one did not shew, what his ponderous reasons were. I humbly judge; the Zeal of God would have determined them another way. But there was good cause for this; for saith he, They judged it not safe, but prejudicial to the cause, and to unity to break bulk, and Act in a divided way, when all were ready to concurre in the matter, though they differed in the forme and manner: And how inconvenient was it, saith he, that differences about the manner should be seen in publick, when they were one upon the matter? But what prejudice had come to the cause, if a Testimonie had been given-in to the Councel, unto which all had assented, though it had wanted the subscription of one, who was necessarily absent, when it was subscribed? Yea, though it had wanted the subscription of one, who was unwilling to subscribe? In so doing they did not

break bulk; but that one, if ever he had been within the hold, had made the breach, by abandoning his Brethren. Unity and Harmonie is good, I grant; but I know not, why every man should have a negative voice, in all such matters; and why no∣thing should be done by a Company or Society, if but one man dissent. I know no Divine rule for this; nor will Christian prudence teach it: and I am sure, it is one to an hundered, if ever any thing be done of moment, or hazard, by a company, on these termes. And I much doubt, if, when one onely Person, yea or two are refractory, all the rest of that Society should think themselves exonered in Conscience, to forbear a duty, clearly called for. The forme and manner here was (I judge) a material thing; and who were not clear, as to it, could not be very clear as to the matter.

There was another reason of this forbearance, Had they (saith he 2.) been free to subscribe Papers, at that time; yet they could not look on that Paper, as it was hastily and crudely patched up, as beseeming so many Ministers of the Gospel, to give-in to the State; as their mature and formed thoughts. In thesi I grant, it is good, that no man should subscribe a Paper, with which he is not satisfied; and I think, it is exception rele∣vant enough against the subscribing of a Paper, called or looking like a Testimony, when it is not plaine nor full enough, even though what is said be otherwise not re∣proachable. But as to this Paper, I think, this reason of his very strange, when he told us before, that the generality was for subscribing of it, as it was rude, hasty and raw. Whence came this change? Second thoughts, it seemeth, have taken place. But in soberness, I cannot but think strange, that so many able Ministers of the Gospel could not, after so many dayes debate, give their formed and mature thoughts of a Business, in which every Minister of the Gospel, and Servant of Christ was obliged to be ready alwayes to give, upon less, than a few houres warn∣ing, yea at the first demand, an account of his Faith; especially in this Contro∣versie, wherein all were called to be most clear; and they especially, who could not but know, that their silence, as to bearing Testimonie to the Truth, at their first receiving the Indulgence, had given such offence: for my part, though I cannot judge of the Paper, having never seen it, and though I see not, how all he saith of it can prove it raw and indigested, considering the account he gave of it before: Yet because of that one clause, he tels me was in it, and universally assented unto, I am as glade it was not subscribed and given-in, as he was; and upon that account do judge, it was unfit to to be a standing thing (as he speaketh) for friends and foes, at home and abroad, to descant upon. Onely I wonder how this Consideration could pre∣vail with them, rather to commit the expressing of the matter unto their chosen Mouth; seing words spoken are more liable to Mis-constructions, and Mis-repre∣sentations, and other Mistakes; than words set down in write; and it was one to to an hundered if that one Brother, their Mouth, should so happily, in a set dis∣course, hit upon the very expressions, that were onely accomodat to declare all their mindes; or if that Brother could have expressed the matter, in more lively, masculine, digested and significant Expressions, why might he not have been at so much paines, as to have set these down in write, and then the Paper, being no more raw and indigested, might have been subscribed and given in? But the plaine Truth is, litera scripta manet: And it was to be feared, that a written Paper would have provoked the Councel, more than a transient and volant Expression, in a running

discourse, buried under an heap of words, and so not fully understood, could have done. Finally, I would tell him, That an honest, well meaning, and plaine Testimonie, though not set off with the paint of Words, and Expressions, having all their amiable cadencies and flowrs of Rhetorick, would go far with honest well meaning Friends, both at home and abroad, and have been very acceptable; yea and more convincing unto Enemies, whether at home or abroad, whose angrie descanting upon it would have been a further Confirmation of its honesty and validity.

There is yet a Third Reason given, which is something long. There being (saith he) such a clashing among Ministers and People, some being for an utter refusal of any benfite of the late liberty; and others being free to make use of it, having given a Testimonie in their Station; and that Paper relating only to these Instructions, and not to the whole cause, they could not but foresee, that the giving-in of that Paper would have been looked upon, as a Testi∣monie; and therefore being so defective, relating only to these Instructions, and not speaking to other cases, it would raise greater debates, and heighten differences; and this they were con∣firmed in, when a Brother, coming-in among them, told them expresly, their Testimonie (as it was called) was defective, and would do more hurt, than good, except it were fuller: yea certified we were upon good grounds, that if that Paper had been given-in, more tongues and pens would have been awaked, and set on work against it, than now are against the forbearing of it. In which case, albeit I could heartily have wished a full, free general, unanimous Testi∣monie were given-in; yet I cannot see, how their prudence can be blamed for forbearing that, which would certainly have ministred fewel to the fire, which is like (if mercy prevent it no) to consume this poor Church, and may perhaps burn their fingers, who are so eager to kindle and blow at it. Not to insist nere on enquiring who were those, who were free to make use of that, (which he calleth Liberty) having given a Testimony? And what was that Testimony, and when and in what Station, was it given by such, as were free to make use of it? Nor on showing how Improbable it was, that such as could not agree on a Paper, relating only to these Instructions, could agree to a more full Pa∣per: I would only say (1.) Matters being so, as he here saith, could they not also foresee, that the Words, uttered by their Mouth, following this Directory, would be also looked upon, as a Testimonie; and that that Testimonie, relating only to the Instructions, would have been judged defective; and so occasione new Diffe∣rences? (2.) If the Paper was defective (as very like it was) why was it not helped? Why was the matter made worse, by giving-in no Paper at all, but committing the matter to the uncertain Expressions of one of their number? Could this more pre∣vent the trouble of Tongues and Pens both? (3.) If he commend their Prudence for not ministering Fewel to the fire, he cannot approve them, for casting in Oyle; for certainly the Course which they took, did contribute more to the burning fire, than that course could have done, which they did forbear. (4. Woe to them, that first kindled that fire, which is like to consume that poor Church; and to them also, who Administer fewel thereunto; but let some laboure, as they will, to free them∣selves of this, It shall, I fear, lye at their doors.

But now, when all thoughts of subscribing that Paper were laid aside, what course was taken? It was resolved (saith he) that one should be mouth to the rest, to speak their sense of these Impositions, in case they were to be intimate to them: And that this one was Mr. H. and that he was to hold him to the matter, agreed-on in the Paper. Though I could ra∣ther

have been satisfied, that a full and faithful Paper, subscribed by all, had been given in, than that this course had been taken; yet, to wave reports of some circum∣stances, that then went abroad, I think it was requisite, that they had particularly condescended upon the fit season, when their Mouth should have uttered their mind; and I cannot be of this Authors mind, who thinketh, that he was not bound to speak in that affaire, until he was called upon by the Councel; which might have been, for any thing I know, after all and every one of them had been put to speak their own mind, in particular, or say nothing, which the Council could not but take for a compliance. Yet he giveth this reason. That the time not being determined by his Bre∣thren, he was to be ruled by Prudence, which dictated his own being called-upon (whensoe∣ver it might be) to be Gods opportunity season and call, to speak what he had to say: The thing also it self, and the usual practice in like cases saith, it was the most fit time to speak to the cause, when all had been gone thorow, and then when he had spoken his light in the matter, the Brethren (as he willed them to do, when they named him) might adde, diminis••, or alter, as they thought fit. This is a wonderful thing, that one should be appointed to speak the sense of the rest of certaine Impositions, or Injunctions, in case they were intimate; & yet that prudence should not teach him to speak, when the Intimation was first made: Was not his speech to be in reference to these Impositions? Was not his speech to be (at least) a virtual Protestation, Apologie or Insinuation of Reasons, why they could not in con∣science accept of these Impositions? or an Explication and declaration of the sense, in which they were clear to accept of them? And if so, doth not Nature & Common sense teach, that the onely season for this had been, when the first offer of these Injuncti∣ons was made; and that it was a manifest loseing of the opportunity, to delay, till after the Instructions had been tendered, & accepted by severals of the Brethren? did not the accepting of the Paper, containing these Instructions, virtually (at least) if not formally say, that they submitted thereunto, and were satisfied therewith? And then, what could their giving of a sense afterward import? Neither the thing it self (as every one knoweth) nor any (set be the usual) practice, in such like ca∣ses, saith, that it was the fittest time to speak, when all had been gone thorow. Had he been only to speak his own judgement, in the matter, he might have forborn, until the offer had come to his own door; but being appointed mouth to the rest, and to speak the sense of all the rest, when these Impositions were offered, his delay∣ing until some, yea till many, had received the Impositions and Rules in write; was really a crushing of what Testimony was intended by his speaking in their names: And what could the Council judge otherwayes, than that the mouth, that spoke, was not their publick mouth, having been so long silent; but his own, speaking only when it came to his own turne? And if what that mouth spoke had been dissa∣tisfying to the Council, and contradictory to their sense and meaning, might they not have judged the silence of such as went before, and had received the Injuncti∣ons, a plaine homologating with their Meaning and Intention? & that their Mouth's speaking had discovered them not to be all of one minde?

This is concerning what passed among these Brethren, in private, before they com∣peared, according to the order of the Council. We would know, what was their deportment, when they compeared: And our Info••mer tels us, that when they compeared, the sentence of the Council for not-preaching May 29. was read unto

them. After which, we are told, that Mr H. addressing his speech to my L. Chan∣cel. did declare, That his Brethren and he did very cheerfully submit to any out ward preju∣dice they might sustaine, in following their light, yet humbly desiring that the true state in their case might be remembered by their LL. And that they were brought under that sen∣tence, not upon account of any disloyalty to Authority; but upon a scruple of conscience, con∣cerning that particular way of expressing it. Of which I shall not now speak (having spoken to this matter before) and it doth not concerne our present business: only it is obvious, that more, yea much more, might and should have been said.

It is more to our present purpose, to notice what was further said. With all (saith he) not knowing, whether these Instructions were to be presented, but rather to obviat them, Mr. H. added another desire, That their LL. would be pleased not to burthen them with Impositions, in the matter of their Ministrie, wherein they were the Servants of Christ, and they being men, who demeaned themselves, as became loyal Subjects. Here is my former remarke confirmed; for prudence taught, we see, this their Mouth, to speak something to the matter, even though as yet the Impositions were not presented, and offered to them. Moreover, this desire doth import, either that he and the rest were unclear to submit unto Impositions, in the matter of their Ministrie, because of their being the Servants of Christ; or that, though they looked on these Impositions as burthens, and so wished to be free of the yoke; yet being imposed they would submit unto them, as to an outward prejudice, which they behooved to sustaine; as he spoke before in reference to the sentence, read against them. If this later was his meaning, it is past doubt, that the Cause was betrayed, and his mouth stopped from giving that Declaration or Testimonie, in all their names, which he was ordered by them to give. If the former was his mean∣ing, as I am apt to think; why were the Brethren so offended with what Mr Blair said hereafter? (as we shall hear they were) was it because Mr Blair's words were too too plaine and distinct? Sure, Christianity will tell us, that Testimonies cannot be plaine enough.

Upon this he tels us, they were (as they thought) dismissed. But the L Chancel. forth∣with called them againe, as they were turning their faces towards the door, and told them, that seing some of their number had said, these Papers viz. the Papers containing the In∣structions) were not given them, the Clerck was to give every one of them a Copie, which ac∣cordingly he went about to do. May not every body now think strange, that prudence did not now teach thei•• mouth, to express what he had to utter in their names, when all of them were thus spoken to in Common, and particular mention was made of that Paper of Instructions, which before, when no mention was made thereof, he laboured to obviat & prevent the giving of?

When their faces are now againe turned towards the Councel, the Clerk went about to deliver each the paper of Instructions, and we are told that they had been delivered to the one halfe or more of the Brethren, even to all cited out of Clidsdale, Renfrow, and some of Kyll before they came to Mr A. Blair. And our Informer tels us, he beleeveth there were few or none of these behind, that resolved to speak any thing till Mr H. who was not called upon yet, should beginne, (as they had agreed upon, Mr A. Blair consenting thereto, as well as the rest) if Mr Blair's speaking had not drawn some of them, who had been spoken to before, and others, as they were called thereto thereafter, to speake somewhat: But all stood

still in one body, waiting till it should come to Mr H. who was to be their com∣mon Mouth, to speak their mind, and they to homologat, adde, or alter, as they should think fit. This is our Informers relation of the business, and I shall not question the truth thereof, but come and see what he saith of Mr A. Blair and his discourse, which (as would seem) broke the intended method and order.

As for his Reverend Brother Mr A. Blair's speaking, he saith, as I hope in Charitie, his motive was zeal and forwardness; so I wish heartily it had been forborn till its season; for hinc illae Lachrimae; and the rather I wish he had not first filled the field; because that lax assertion (of which before) of receiving no Instructions from the Magistrate &c. (albeit it had been limited and qualified by Common consent; Yet) he I know not how repeated it to the Chancellour, in terminis, telling, That he would not receive Instructions from them, for regulating him, in the exercise of his Ministrie; and added this reason, That if he did so be should not be Christs Ambassadour, but theirs. To which I shall only desire to say. That I am of the minde, that as true Zeal and Conscience of duty moved M. A. Blair, to say what he said; so the same should have moved all of them, to have said the like, or more. And I cannot but think strange, that this Informer thinketh it was not seasonable for Mr Blair to speak, when the trial came to his own door; and that notwithstanding their Common mouth had been so long silent, and neglected his op∣portunity: Our Informer told us lately, that it was seasonable for Mr H. to speak, when it came to his turne: and was it not as seasonable for M. B. to speak, when it came to his turne? As for his calling Mr Blairs Assertion, lax; I shall passe it, having sufficiently shown above, how consonant it was to truth, and how ground∣less all the exceptions were, that were taken at it, so far as I could conjecture. And I wish himself had hinted (at least) some one ground or other, whereupon he judged it lax. And what difference, I pray, was there upon the matter, betwixt Mr H's requesting, that they might not be burthened with impositions in the matter of their Ministery. And Mr B's saying, that he would not receive Instructions from them, for regulat∣ing him in the exercise of his Ministrie. Mr H's expressions wanted the limitation, that they had all agreed upon, to wit, formally and intrinsecally Ecclesiastical, as well as Mr B's; and no man will say, that the word, Impositions, do more import Instructi∣ons formally and intrinsecally Ecclesiastical, than the word, Instructions: Nor is there any such difference betwixt these words, in the exercise of the Ministery, which were Mr B's words; and these words, in the mattter of the Ministrie, which were Mr H's words, as to make the one discourse Lax, and the other acurate. Nay, I am ready to say, that Mr B's Assertion was both more congruous to the truth and to good sense, than the words of the other. And finally, This Informer is not well satisfied with the Reason, which Mr B. added; and yet the same was insinuat, in Mr H's discourse, in these words, wherein they were the servants of Christ; for these words did either containe a reason, why their L L. should not burden them with Impositi∣ons; or they sounded forth nothing but non-sense; as every understanding Reader will see.

Yet this reason is made the ground of a great out-cry, for he addeth, which reason, if it do not als strongly militate against Ministers receiving of Instructions and Rules (for the prescriptions in that Paper go by these names) from Church-judicatories as well, as from the Civil, and strick equally at the Diatactick power of both, I leave to you to judge; And then to

make all strong, the matter is cast into a Syllogisme, but with this mishap, that it is made up of four termes, contrary to the law of Syllogismes. But this is but trivial. It is more to the purpose to say, that this same absur••ity will follow upon what Mr H. spoke, (unless he pleaseth rather to let it passe under the notion of Non-sence) and therefore what ever way he shall think to salve Mr H's credite, wes hall by the same way salve Mr B's. Though this might satisfie: Yet I shall tell him, that it is far worse for him, by his discourse here, to grant unto the Civil Magistrate a Diatactick power, in matters ecclesiastical••, in such an illiminated and unqualified manner, as he doth, when he talks of the Diatactick power of both: for this is a manifest homologating the Supremacy, as lately explained by the Patlia. But for vindication of Mr. B. he would know, that he was speaking only of Instructions coming from Magistrates, acting by their Magistra∣tical and Architectonick power; and not of all Instructions coming from any what som∣ever beside Christ; and his reason was against the receiving of Instructions from Ma∣gistrates, as such, to regulat him, in the exercise of his Ministerie; and did not mili∣tate against receiving of Instructions from Church judicatories. For clearing of this, and for his instruction, I shall tell him first. What Instructions Ministers or Church-ju∣dicatories give, they give them by a Ministerial Power, explaining, applying and authoritativly declaring, what are the Impositions, Rules, and Instructions of Christ; so that they are but as Heralds and Messengers, Proclaming and declaring, with a Mi∣nisterial Authority, the mind of Christ: and therefore the receiving of such is but the receiving of the Instructions and Impositions of Christ, sent and delivered by Christ mediatly by such, as stand in a right line of subordination to Him, as sole Head and King of his Mediatory Kingdom, and act onely as in that relation and subordination. But on the other hand, as Magistrates, as such, are not Ministers of Christ, as Head of his Mediatory Kingdom; so nor do they act, in giving out Lawes and Instructions, as Christs Heralds and Ministers, ministerially explaining and applying the Rules and Instructions of Christ: Nor do they press these Instructions, as Christ's Instructions, nor in his Name and Authority; but as in all other things, so here, they act with an Au∣tocratorical and Architecctonick power: So that, when they give Instructions to Mi∣nisters, to regulate them in the exercise of their Ministrie, they do it by their Magi∣straticall and Architectonick power, by which they do all other Magistratical Acts. Hence is it, that such as receive Instructions, to regulate them in the exercise of their Ministrie, from Magistrates, do acknowledge this Magisterial and Architectonick po∣wer in Church-matters, to be competent to the Magistrate, as such; and themselves to be formal Ambassadours and Servants of the Magistrate: for, who receive In∣structions from one, acting Magisterially and Architectonically, in Church-matters, do owne themselves as his Servants: which cannot be said of such, as receive Instructi∣ons from Church-judicatories, which act but ministerially; and thereby formally declare, that the Architectonick and Autocratorical power, over Church-matters, agreeth alone to Christ, whose servants they declare themselves to be, in that very act of holding forth these Instructions, as the Instructions of Christ, and that in His name. This is one maine difference. Hence Secondly, Ministers receiving Instructions, for regu∣lating them in the exercise of their Ministrie, from Magistrates, acting like themselves, Magisterially and Architectonically, do (if not formally, yet at least) virtually deny Christ to be the only Head and Lawgiver of his Church Acting and Ruling with a su∣pream power: for this Architectonick and Supream power, in the Church, is com∣petent to Christ only; and he hath substituted none, as his Vicar-general, neither

Prince; not Prelat, Pope nor other: As were easie to evince, if needful: And so there is but one Architectonick Supream Magisterial Power in the Church; and if this be attributed to the Magistrate, Christ is put from his Right: And so such Mi∣nisters, as by receiving Instructions from Magistrates, to regulate them in the ex∣ercise of their Ministrie, do attribute this Power to the Magistrate, must of ne∣cessity take and have their Commission from Magistrates, and become their Ambas∣sadours, and not Christs; because by this deed, as they spoile Christ of his Prero∣gative and Crown, attributing that unto Magistrates, which is proper to Him; so they acknowledg their Dependance on, and Subordination to Magistrats, and not upon and to Christ. But nothing of this kind can follow upon receiving of Instru∣ctions from Church-Judicatories, acting as Christs Servants; and, in the very way and manner of their Acting, declaring Christ to be the Sole Head and Supream Governour of his Church: For, as the Church-Judicatories act but Ministerially, so the receiver of Instructions from them, can owne no other Power in them; because they receive these Instructions from them, as authorized of Christ, with power Mi∣nisterially to declare his mind and will. And this is a Second Difference, which leadeth me to a Third, which is this, Christ hath never appointed Magistrates, as such, to Act under him, after such a manner, in the regulation of his Church and Mediatory Kingdom; as he hath appointed Ministers and Church-Judicatories. Now, to receive Instructions from an Usurper, is to acknowledge the power of the Usurper, & a de∣pendance upon him, as his Servant: And therefore, as a King will not owne that man, as his Ambassadour, who taketh his Instructions from an Usurper: So nor can that Man formally look upon himself, as the Kings Ambassadour; but as the Ambassa∣dour of that Usurper. But when one taketh Instructions from the Councel, act∣ing in subordination to the King, and clearing his mind by vertue of his Commissi∣on, impowering them thereunto, he is truely the Kings Ambassadour, though the Council did immediatly give him his Instructions: So a Minister, receiving his In∣structions immediatly from Church-Judicatories, is nevertheless the Ambassadour of Christ; for the Church-Judicatory acteth in subordination to Christ, and only cleareth up his mind, by vertue of his Commission, impowering them thereunto. Thus I have manifested the Invalidity of this Informers Argument; and withal shown that Mr. B. had good ground to say what he said, and to reject these Instructions, upon that very ground, that if he had accepted of them, he should have acknow∣ledged himself not Christs, but their Ambassadour; and withal have shown, that the Indulged Ministers, in receiving these Instructions, have declared themselves not to be the Servants & Ambassadours of Christ, but of the Magistrates; & there∣fore can be owned as no other.

Our informer tels us, in the next place, That there were some speeches, be∣twixt My L. Chanc. and Mr B••. and that Mr B. did not deny that the Council might con∣fine him, when the Chanc. asked that at him. And this being one of the Rules, our In∣former supposeth, that hereby he overturned his own universal negative. Wherein he is no less mistaken, than he was in his last reasoning; for though it be true, that the Council did confine them to these places, (which, among other things, as then circumstantiat, might have moved them to have refused that Indulgence, they being thereby declared no more free Subjects, and unworthie of the Common Privilege of all Free Subjects; and so actually under the Scandal of Disloyal and Censured

Persons, which, as it was a Reproach to the Ministrie; so it could not but expose them to Contempt, and make their Office vile, in the eyes of the World, and their paines fruitless, when their Ministrie was made contemptible: And if there was some further Designe in this obvious, it was so much the more worthie of their Con∣sideration.) Yet it is as true, that this Confinement was properly and directly of their Persons; and cannot, in any propriety of speech, be called a regulating of them in the exercise of the Ministrie. The Ministers Body and his Ministrie is not one and the same thing. It is true, by confineing of the Minister to such a particular place, the exercise of the Ministrie is consequently confined: But hence it will no more follow, that the Magistrate may give Injunctions, to regulat Ministers in the exer∣cise of their Ministrie; than it will follow, that he may depose a Minister from his Ministrie, because, when he condemneth him to death, and accordingly causeth the Sentence to be execute, or keepeth him in closs and perpetual prison, he doth consequentially put him from the exercise of his Ministrie. Yet he cannot but know, that this Consequence is naught, and that a Physical restraint and a Moral Restraint or Limitation much differ.

When Mr B. upon this honest Testimonie and Declaration, was committed to a Macer to be carried to prison, the Informer tels us. That the Brethren, being surpri∣zed, with his speaking unexpectedly (besides the Common agreement) and with the Asser••ion that dropped from him and affected with the Apprehension of the Issue, began to be much Af∣flicted in their Spirits But why were they not also surprized with Mr H's speaking un∣expectedly, besides the Common agreement; for the Common agreement was not, that he should say any thing in reference to the Instructions, before the Councel had made any motion there about? And why were they not also surprized with the Asser∣tion that dropped from him, seing, as is shown, it was the same upon the matter, with what Mr. B. said, unless we think he meant it in a most corrupt sense?

After this he tels us, that upon Mr B. his commitment to the Macer one Minister told My L. Chanc. that he beleeved diverse Ministers of that Company were, upon the mat∣ter of Mr B's judgment, whereof himself was one: And another declared, that one of these Rules did bring Ministers into direct Subjection to Prelacie, contrary to their Principles. Whereby I see, that the Consternation and Affliction of Spirit, was not so universal, as he did just now hinte: and that all were not of a Contrary judgment to Mr B. and that the agreement to the forementioned limited Clause, was not so unanimous and cordial, as he would have made us beleeve: But passing these smaller matters, let us hear what followed.

He addeth, Mr H. also, though his time was not come to speak, yet stepped in with them, to see what he could do to remove mistakes. Whereby I see, that even he was at length forced to transgress the Rules of Prudence, and to anticipate even God's Opportu∣nity, Season and Call (as this Informer supposeth;) and to crosse the Usual Pra∣ctice in all such like cases, that is, to speak before his own turn came. I sup∣pose, if Mr H. had spoken what he was obliged to speak, in Gods true Season and Opportunity, that is, when the first motion was made of delivering to them these Rules, he had prevented much of this mistake, and also Mr B's suffering. What were these mistakes, that Mr H. stepped now in, before the time, to remove? Were they betwixt his Brethren? Or betwixt the Councel and such of his B••ethren, as spoke? And what were these mistakes? Whatever and betwixt whomsoever they

were, if he stepped-in to remove them, that which he said must be looked upon, as having a tendency to the removing of these mistakes; and therefore we must suppose, that his Discourse tended either to rectifie Mr B. and such as were of his judgment, or to rectifie the Council, tha•• had committed Mr B. to the Macer. If the Former, then in his judgment, Mr. B. and the rest, were not to be owned and approved in what they said, being in a mistake: If the Latter, his discourse should have tended to have vindicated Mr B. and to have shown the iniquity of what the Council had done: But it may be, it was of a mixed Nature, tending partly to Approve, and partly to Condemne both.

Let us heare what it was he said. Our Informer tels us, He spoke according to the tenor of the Paper agreed upon, to this purpose, He humbly desired their L L. not to misun∣derstand his Brother Mr A. B▪ for as for Rules intrinsecally Ecclesiasticall (the other terme Formally was forgotten, through occasion of the present jumble, as our Informer supposeth) For regulating Ministers in the exercise of their Ministrie; he hoped their L L. Intended not to make and impose any such upon them, who were the Servants of Christ, in these matters. But for the Magistrates Power objectivly Ecclesiastical whereby they might judge of Matters of Religion, in order to their own Act, whether they would approve or discounte∣nance such a way, he knew no Reformed Divine, that did deny it unto them. And judging that was his Brothers (i. e. Mr Blair's) sense, in what he spoke, did againe desire, he might not be mistaken. Now if we look on these Words, as they are here set down, we must take them either as an Apologie for, or as a Defence of Mr B. or as Explica∣tory of his Assertion; and what way soever we take them, I cannot but observe their uselesness: For when he speaks of Rules Intrinsecally (let us add Formally, though that was then omitted) Ecclesiastical &c. he must mean either the Rules, which were then offered to Mr B. and the rest; or some other: If some other, then he could not desire their L L. not to misunderstand Mr B. for Mr B. meant and spoke of the Rules, which were tendered unto him, and which he neither could in con∣science, nor would accept of: Nor could he then be supposed to be speaking any thing in favours of Mr B. whether by way of Apologie,, Defence, or Explication: If he meant the same Rules, that were then tendered, Then (1.) he must grant, that these were Intrinse••ally and Formally Ecclesiastical; and so such, as the Magistrat might not make, nor impose upon the Servants of Christ, and that because they were the Servants of Christ, in these matters: And so consequentially, his Words con∣firme Mr B's Argument, which this Informer (as we heard lately) judged most absurd. (2.) if he meaned the same Rules, why was the matter expressed in such general and not obviously intelligible Termes? Every one doth not understand what the Termes Formally and Intrinsecally meane, in this Business, which is abou•• Rules, to regulat Ministers, in the Exercise of their Ministrie. And the mentioning of these Termes, Intrinsecally and Formally, here, would say, that there were other Rules Extrinsecally and Materially Ecclesiastick, which the Magistrates might impose, and they might receive, to regulate them in the exercise of their Ministrie: Now I would gladly know, what these are? Will the Confinement, or Imprisonment of a Ministers Person, go under that Name? Or will Rules made, concerning the length of time, which a Minister is to spend, in the exercise of this or that Act of his Ministrie, or the like, be accounted such? The first is wholly Political, and no more Ecclesiastical, than any other thing, which immediatly concerns a Mini∣sters

Person, as his Hat, Books and Cloathes, and the like. The Latter, as they par∣take more of the Nature of Ecclesiastical Rules, being more formally, and more neerly related unto the exercise of the Ministrie, but yet only in so far, as they be∣long to publick Actions; so it is a question, if Magistrates may either solely, or in Prima Instantia, prescribe such Rules unto Ministers. However this being, at best, but dubious, and the other so clearly Political; and it being (to me at least) very un∣certaine, what Rules these are, which may be called Externally and Materially Ec∣clesiastical &c. I could have wished, that some Instances hereof had been given; that so not only, it might have been known, what Rules were not Formally and Intrin∣secally Ecclesiastick; but also it might have been better understood, what Ecclesia∣stical Rules were Formally and Intrinsecally such.

(2.) The other part of the discourse, concerning the Magistrats power objecti∣vely Ecclesiastical, is as useless for any thing I can perceive, either for clearing of Mr B. or of his discourse: for. (1.) There was nothing in Mr B's discourse, giv∣ing the least hint of his denying that power to the Magistrate, which all Orthodox Anti-Erastian Divines grant; For the denying to the Magistrate a power of giving Instructions, for regulating of Ministers, in the exercise of their Ministrie, hath no affinitie with this; as all know, who know any thing of these Controversies. Nor (2.) doth this piece of the discourse, in any manner of way clear, in what sense Magistrates may give Instructions to Ministers, to regulate them in the exercise of their Ministrie, and Ministers may receive them; and in what sense not. These two questions are so far distinct, that I cannot imagine to what purpose this dis∣course was brought in; or what it was that gave the least occasion thereunto.

But as to this maine Business, I would further enquire, whether the Brethren do judge, the matter of giving these Instructions, about which the debate did arise, did belong to the first part of the discourse; and so to be Intrinsecally & Formally Eccle∣siastical; or to the later part; and so belong to that power of the Magistrate, which is Objectively Ecclesiastical, whereby they judge of the matters of Religion, in order to their own Act, whether they will Approve, or Discountenance such a way? This question must be judged necessary, unless that whole discourse be ac∣counted Unnecessary and Impertinent. If the former be said, then why was any troubled at Mr B's refusing to receive these Instructions? Why were not those con∣demned, who had received them? Why did not such as had received them cast them back againe? How came it that all of them did not unanimously agree in this Testi∣monie? Or how came it, that their Common Mouth did not speak what was the Common opinion of all? Why was it not more distinctly and in fewer words said, That they could not receive these Instructions, as being Rules Intrinsecally and Formally Ecclesiastical, regulating them, who were the servants of Christ, in these matters. If the Latter be said, Then was not only Mr B's both Practice and Dis∣course condemned; but the whole cause was basely betrayed; because under the pretext of the Magistrates power Objectively Ecclesiastical, that which is as In∣trinsecally and Formally Ecclesiastical, as many other, at least, are, was granted to the Magistrate. Will the Magistrat's power to act as a Man, and not as a Brute, in his Magistratical work, about an Ecclesiastical Object; that is, his power to judge by the judgment of discretion, which is Common to all the members of the Church, yea, to all men, as Men; which Papists deny unto Magistrates, allowing them

only to see with the Churches eyes, but Protestants grant unto them: Will, I say, this power warrand him, to give Instructions, and set down Rules, for regulat∣ing the exercise of the Ministrie? Yea, or will his Authoritative Judgment, in matters of Religion; that is, his sentence of Approving or not Approving; of Tolerating, or not Tolerating in his Dominions; of Countenancing or not Countenancing by his civil Lawes, such a Way or Profession of Religion, war∣rand him also to set Rules to the very exercise of the Ministrie? By what argu∣ment shall this consequence be proved; seing (1.) In the one case, he judgeth of Religion, only in order to his own Act; but when he prescribeth Instructions, Rules and Orders, he judgeth of Religion, or of that part of Religion, concern∣ing which the Instructions are, in order to it self, and the Intrinsick manner of its Administration (2.) In the one, his judgment is purely Political and Civil, in the other case it is really Ecclesiastical. (3) In the one case, his judgment is Objective∣ly onely to be called or accounted Ecclesiastical; but in the other, it is Formally & Elecitely Ecclesiastical. (4.) In the one case, he acteth as a Magistrate, considering the outward Good, Quiet and Advantage of the Commonwealth; In the other, he acteth as a Church-Officer or Head, considering the Intrinsick Nature, & Spiritual Ends of that part of Religion. (5.) In the one, he acteth in subordination to God, as Supream Governour of the World; but in the other, he acteth, as in a right line of subordination to Christ, the Supream Head and Governour of his Church, and Institutor of all the Administrations and Ordinances, dispensed in the Church, and sole Appointer of the Qualifications of the Officers, and Rules of Administration: Or rather, if he act as a Magistrate, in this last, he Acts by an Architectonical power, and so as an Usurper, or by a power, which is only proper to Christ; or if he be said to Act ministerially, than also as an Usurper, because never impowered thereunto by Christ, the Supream King, and Head of the Church.

If we look upon this discourse of Mr. H. as a Testimonie, (and so it may be it was intended) or as a Declaration of the Judgement of the Ministers, concerning the Magistrat's jus, or Right, to impose Instructions or Rules on Ministers, for re∣gulating them, in the exercise of their Ministrie; and concerning Ministers their call and warrant to receive or refuse such Instructions; I cannot but observe (1.) That it is very defective and short of a faire and full Testimonie, against the Practice of such, who were known to have invaded the Rights of the Church; yea and the Prerogatives of Christ, as sole Head and King of his Church; and, in prosecution of this designe of invading the same more, to have devised this medium of the Indulgence (2.) That it is not a plaine and full Testimonie against the present Act of Usurpation, whereby a power was assumed to judge in matters Ecclesiastical, Intrinsecally and Formally such; Yea, and to performe Elicite and Formal Church-Acts, either Ministerially, as Ministers of Christ, clothed with Ministerial Church-power from him, which cannot be Instructed, nor doth it compete to a Magistrat, act∣ing as such; or rather Magisterially, as Supream Governours in the Church, and Appointers of Qualifications, Rules, and Manner of Administration of Spiritual Institutions. (3.) That it was not a full and plaine Vindication of the Doctrine of the Church of Scotland; Nor an Assertion thereof, according to former Vowes, Co∣venants and Solemne Engagments. 4. That it was not candide and ingenuous, nor pertinent to the purpose in hand, as it should have been, by holding forth the Ini∣quity

of such Impositions. (5.) That it was conceived in such General and Schola∣stick termes, that neither they, to whom it was spoken, could well understand what was the drift thereof; nor others conceive what was yeelded, or denied, in the then present case; yea, did not some of the Council say plainly, they did not understand it? (6.) That it contained desingenuous Insinuations and unfaire Reflections on ho∣nest and worthy Mr A. B. and a tacite Condemning (at least in part) of his Plaine and Honest Testimony; as if it had contained something, either as to the matter, or expression, unjustifiable; or, at least, liable to exceptions. (7.) That it con∣tained (at least) as worded, a designe too obvious of humoring and pleasing the Ma∣gistrates, while actually stated in, and prosecuting an opposition to Christs Supre∣macie, and to the Right and Power, granted to the Church-Office-Bearers. (8.) That as it speaketh not home to the point; so it is not clear in it self; opposing unto Giving and Imposing of Rules, Intrinsecally and Formally Ecclesiastical, a power only Objectively Ecclesiastical, whereby the Magistrate judgeth of the matters of Religion, in order to his own Act of approving or disapproving of such a way; and nothing else: And so either accounting all things to be Rules Intrinsecally and Formally Ecclesiastical, which is not a meer judging in order to the Magistrates own Act; or, on the other hand, accounting all things, in and about Religion, to belong to that power, which is Objectively only Ecclesiastical, and so to be no less competent to the Magistrate, than is that Judgment of discretion, where∣by he judgeth, in reference to his own act of Countenancing or Discountenanc∣ing such a way, which are not real prescribing of Rules, Intrinsecally and For∣mally Ecclesiastical: And thus either giving the Magistrate too little, or else too much.

He tels us of another, that spoke before it came to Mr H's turn; and that this Person told, He could not receive Ecclesiastical Canones from their L L. but as for civil significations of their pleasure, under the hazard of civil penalties, he could say nothing to that; & that an∣other did homologate this speech. But under favoure, this is secundum artem violatilizare densa & densare volatilia; a pretty whim wham good for nothing. On a serious solid zeal∣ous Minister should have been ashamed, to have substitute such Whity Whaties, in the place of a plain Testimony, clearly called for in the case. But these two Persons not onely brake their own Order, and might have occasioned some Consternation to the rest, as well as Mr B's speaking did, but also spoke indeed nothing to the purpose; and might as well have been silent, For (1.) By this Distinction (little better than a mental reservati∣on) they might have scrupled at nothing, that theMagistrate might attempt to prescribe, in Church-Matters; no, nor at his giving Rules Intrinsecally and Formally Eccle∣siastical; for these might also passe under the Notion of Civil Significations of their pleasure &c. and thus contradict Mr H. their Common Mouth, and the Paper also, to which they had unanimously agreed: For, can they say, that the Magistrate giveth, or can give a Civll Signification of his will, onely when he judgeth in order to his own Act of Approving or Disapproving such a way: and so exerteth that Power of his, which is only Objectivly Ecclesiastical; and not also in many other Acts, meerly Ecclesiastical, even Formally and Intrinsecally? Or can they say, that all the Intrinsecalness and Formality, in Matters Ecclesiastical, consisteth in their being done by Church-Officers, acting in a Church-Judicatory; and that

••here is no Act, which in it self can be called Intrinsecally and Formally Ecclesia∣stical; but that the sole ground of that Denomination, is their being performed by Men, in Church-office; and so the very Act of Preaching and of Administrating of Sacraments, might be done by the Magistrate, as Civil Significations of his plea∣sure, being not Intrinsecally and Formally Ecclesiastick, but when done by Church-O••ficers: And thus all the Ecclesiastickness of Actions, which are Intrinsecally and Formally such, floweth from, and dependeth upon the Ecclesiasticalness of the Agents. Whence it will follow, that all, which such Ecclesiastical Persons do, must be Intrinsecally and Formally Ecclesiastick; and so their judging Civil matters, condemning Malefactors &c. (not to speak of other actions) should be actions For∣mally and Intrinsecally Ecclesiastical, Ergo it is competent only to Church-Officers. And on the contrary, this should be a good Argument. This man is an Ecclesia∣stick Person; therefore the Action, which he doth, must be Formally and Intrin∣secally Ecclesiastick. And, as by this meanes, there should be no Cause, or Acti∣on, Formally and Intrinsecally Ecclesiastical, in it self; so there should be no Cause, or Action, Intrinsecally and Formally Civil in it self, but that onely which is done by the Civil Magistrate: And this consequence were good; This is done by a Civil Magistrate. Ergo it is Formally and Intrinsecally Civil; and this should be a bad consequence, This is an action Formally and Intrinsecally Civil Ergo it is to be done by the Civil Magistrate onely (2.) This answere of these two Brethren must either Homologate what Mr H. said; or be dissonant therefrom: If Dissonant, then they did not keep to the Paper, which they had owned, as Mr H. did Then also Mr H. in his discourse spoke not truth; for I suppose, these two will think, they spoke right; and then either the Paper, that was agreed on, was not right, or Mr H. spoke not according to it; for I also suppose, that these two will say, they spoke nothing disagreeing with their Paper. If their answere did Homologate Mr. H's discourse, then what necessitie was there for it: And why used they other expressi∣ons, if they had a mind to speak: And it would seem, that all that Mr H. said, was this and no more: Mr B. and we must be excused, if we look not upon the Council as a Church-Judicatory, making Ecclesiastical Canons; but only as a Civil Court, emitting Civil significations of their pleasure, under the hazard of Civil penalties. (3.) This answer seemeth to me a more plaine giving up of the Cause, than all which Mr H. said; for it is no other in effect, than this; Let the Magistrates enjoine what they please, we need not scruple, upon the account of any encroachment made upon the Prerogatives of Christ, or Privileges of his Church; for this distinction will salve all; Let us receive all, not as Ecclesiastical Canons, but as Civil signi∣fications of their pleasure &c. and so there is no danger, though they should use both a Dogmatick, Critick and Diatactick power, determine Controversies of faith, Appoint Rules of Ordination, Condemne Hereticks, Debarre from the Sacra∣ments, and Admit thereto by their sentence; judge of Church-members, or de∣termine who should be admitted, as such, and who not: In a word, do all which Church-Judicatories do. This distinction will make all go down. (4.) By parity of Reason, if these Brethren were before a Church-Judicatory, medling with all Civil affairs, determining Civil pleas, giving-out civil Injunctions, Lawes and Rules &c. they might and ought as willingly submit, and salve all with this distinction, saying. We cannot receive Civil Lawes from you, but as for Ecclesiastical significa∣••ions

of your pleasure, under hazard of Church-censures, we can say nothing to that: And thus they would sweetly comply with all the Invasions made upon and U∣surpations of the Civil power, whereof the Popes Conclave, and other Popish and Prelatical Courts, are justly accounted guilty, without scruple.

Now at length, it came to Mr H's turn, who, as our Informer saith, received not these Instructions publickly, as having seen them before: Let us hear what he said. He tels us, that he resumed what he had said formerly, concerning a Formal Ec∣clesiastical Power, which could not be allowed to the Magistrat; and a Power Objectivly Ecclesiastical, which was allowed to him: Intimating with all, that the Brethren would either observe, or not observe their Directions, according as they judged of them, in their Consciences, upon their peril. On what was here resumed, I have given mine Obser∣vations before, and shall onely adde. That this Formal Ecclesiastick Power must pointe forth a Power in it self such, and therefore so called; and not so denominated meer∣ly because it is exerted by Church-men; as the two Brethren fore mentioned hinted in their Answer and Distinction; otherwise his Distinction should have run thus, betwixt a Power Subjectivly Ecclesiastical, and Objectivly Ecclesiastical. But this would confound all Causes and all Power; and would bring all Civil Causes objectivly under the Power of the Church; and all Church-Causes objectivly under the Power of the Magistrate: Yea and make all Things and Actions, done by the Civil Magi∣strate, though otherwise but Objectivly Ecclesiastical, to be Formally Civil; and on the other hand, make all Actions, done by Church-men, though otherwise but Ob∣jectivly Civil, to be Formally Ecclesiastick. As to the Latter Part of this speech, I judge the same might have been said, had been before the Church-Judicatory, re∣ceiving the same, or the like Instructions. And was this all? Was there no more requisite in this case? Is it all one thing, at whose hands Ministers receive Directi∣ons, Rules, Restrictions and Injunctions, or the like, to regulate them, in the exercise of their Ministrie, whether at the hands of the Pope, of a Prelate, of the Magistrate, or of a Church-Judicatorie, providing they be such, as may be ob∣served, or otherwise to take their hazard? I suppose, our Fore-fathers would have said something else: And, I trow, Civil Magistrates, if called before the Prelates Courts, to receive Injunctions or Rules, to regulate them, in the exercise of their Of∣fice, would say some other thing, than that they would observe, or not observe these Directions, according as they judged of them in their Consciences, upon their peril. And if they would have stood to their Rights, as is to be supposed, the greater fault it is for Ministers, to quite the Rights of the Church so easily, wherein the Glory of their Master doth so much consist. Yea moreover, this superadded Insinuation makes me suspect the fore-mentioned Distinction the more: For had that Distinction been honestly proposed and intended, this superadded clause had been utterly needless.

Upon this (as we are told by our Informer) followed my L. Chanc. Answer, which was this, That the King gave them these Instructions by his Council, and if they did not observe them, the Council would punish them. By which we see, that these In∣structions were gi•••••• by an Autocratorick power, by the Magistrate, as such; and consequently being in Church-matters, Intrinsecally and Formally such, by an Usurped power. We see next, that the commanding of the observation of these In∣structions, cometh from the Magistrate in prima Instantia, and so are not Civil San∣ctions,

and Confirmations of Injunctions, ministerially proposed by Church-Offi∣cers, upon both which grounds, I conceive Mr H. had a faire occasion to have vindi∣cated both the Prerogatives of Christ, the sole Head of the Church, and the Privi∣leges of the Church, bestowed on her by Christ, her King and Lord: Yet we finde, that all the reply, which he made, was this. That for the matter of Civil punishments, they had never denied the Magistrates right in them: And that he took notice from that Answere, that their L L. acted in a Civil way, onely competent to them, in their dealing with Ministers, which they could not decline; hoping their L L. designed not to stretch their power beyond their Civil line, Which reply, in my judgment, was neither Perti∣nent, nor Sufficient: Not Pertinent, because the question was never moved, concerning Magistrates executing civil punishments, but concerning their power of Imposing Injunctions and Rules, to regulate Ministers, in the exercise of their Ministrie, which the L. Chanc. owned and avouched in his Answere, little regarding Mr H's distinction, betwixt a Formally Ecclesiastick power, and power Objectively Ecclesi∣astical. Not Sufficient; because the maine business was unhandsomly waved. Nay, moreover, this Reply was an yeelding of the whole cause, and a granting that Ma∣gistrates might meddle with any Church power, and enjoyne what they pleased, providing they punished only civilly such; as transgressed. Hence they might or∣daine a Minister, and command him to preach to such a people, that would not call him, and depose another, and discharge him to preach any more, as a Minister or Ad∣minister Sacraments, under a Civil penalty. So under a Civil penalty they might prescribe the matter of preachings, decide Controversies of Faith, and appeals in Church-maters, &c. Yea, in a word, meddle with the most Intrinsick and For∣mal Church-matters. Finally, I do not see what ground my L. Chanc. gave, yea or occasion to make this Reply; for though his L. said, the Council would punish, yet the said not, the Council would punish civilly onely: No, his expression might com∣prehend Ecclesiastical Punishments also, conforme to the power granted to them by the Kings Letter.

After a great deal of Discourse, spent upon personal reflections; and vindica∣tions, with which the cause is not much concerned, and therefore the less to be no∣ticed by me, our Informer cometh in end to vindicat Mr H's speech, which, as it would appear, had given no small offence, and he tels us, that in it we may per∣ceive, an Assertion of an Ecclesiastical power to make Rules for regulating Ministers, which was not yeelded to the Magistrate; with a concession of his power Objectively Ecclesiasti∣cal: And a declaration of their receiving Papers of them under that notion did not oblige them to observe these directions; but they were to act therein upon their peril. We heard indeed of Rules Intrinsecally (and afterward) Formally Ecclesiastical, for regulating Ministers in the exercise of their Ministrie, which he hoped their L L. did not in∣tend to make or impose upon them, who were the Servants of Christ. But we heard of no Assumption. That such were the Rules, contained in the Paper, tendered unto them: Nor of a Conclusion. That therefore they could not, they might not in conscience, accept of them. We heard of a Concession also of the Magistrats power objectively Ecclesiastical: But we could not understand, to what purpose it was adduced, unless for justifying of the Magistrates, in giving those Injunctions, and themselves in receiving of them. Nay, I perceive here, our Informer assert∣eth, that which I was but suspecting formerly, and durst not positively affirme,

viz. That they looked upon these Instructions, as flowing from the Magistrat's Power Objectively Ecclesiastical; For nothing else can be Imported in these words, And a declaration of their receiving Papers, under that notion. Now, what can this notion be, under which they received these Papers, but the Magistrat's power Objectively Ecclesiastical? And what may hence be gathered, we shall hear an∣one. We heard lately, that Mr H. did intimate, that the Brethren would either observe, or not observe their Directions, according as they judged of them in their Consciences, upon their peril: But that he declared that the receiving of these Pa∣pers did not oblige them to observe these Directions, I did not hear till now. How∣ever, since this Informer saith, that this was Mr H. declaration, I profess, it seem∣eth strange to me, that he should have spoken so; for the publick & Judicial receiving, even at the bar, of such Instructions, was a solemne declaration of their present pur∣pose and willingness to obey these Injunctions, there being no exception made a∣gainst any of them in particular; nor no desire expressed of a liberty to be granted, to consider and examine them. And sure, if they had suspected the irrelevancie or unlawfulness of any of them upon the matter, Ingenuity and Conscience would have said, that so much should have been exprest; and that the Paper, (if so be they would not refuse to accept of it) should have been accepted, with that clause of exception; or rather rejected, until they were assured, it contained nothing but what was lawful upon the matter: For to accept a Paper, containing Instructions; and to say withal, they would obey, or not obey them, as they thought good, on their perril, was neither to act with an Ingenuity, becoming Christians; nor with an Zeal, becoming Ministers, nor with that Respect due to Magistrats from them, both as Christians, and as Ministers; nor with that Care and Circumspection requisite for avoiding of scandal, and especially at such a time, when the eyes of many were up∣on them, both of friends and of foes. And if any say, That that Declaration was a sufficient Protestation, I crave leave to adde, that it was a Protestation annulled by their deed, Protestatio contraria facto. How much better then had it been, to have forborne that deed, which bad in it, at least, an appearance of evil; and to have dealt faithfully with the Council; and told, That they could not obey these In∣structions; and therefore behoved to be excused from receiving of them. But I confess, when that great matter was so lightly passed over, I meane, the Power, making and imposing these Instructions, it is to me little wonder, that this was swallowed down also.

Our Informer tels us next, that in all this discourse of Mr H's he cannot see such Hete∣rodoxie and Noveltie, as to give occasion to any to say, That he gave to them all, that the Godly Divines give unto the most Godly and reforming Magistrats on earth; or that Ministers receiving these Papers, on these termes, should warrand honest people to think, that they gave up the right of the Church, with their own hand, to the Civil Magistrate; or that any Mi∣nisters should highly resent their treacherie. But to answere, Though this Informer can∣not see such Heterodoxie, or Novelty, as to give occasion to passe that censure on Mr H's discourse; yet it may be, others shall see ground for that, and for more too. And I shall willingly grant, that what agreeth to Magistrates, as such, agreeth to all Magistrates, good and bad: Yet it may be maintained, that more may be allow∣ed in such Magistrates, as are really minding Reformation, the Glory of God, the good of the Church and all her Rights and Privileges; than in such, as are open

Enemies thereunto; and are seeking by all meanes to destroy the Church, to rob her of her Rights, Privileges; and Power, and to enrich themselves with the spoils of Christs Crown. And therefore when Ministers have to do with such Open and A vowed Enemies, they are called to more strick watchfulness and care, lest they do, or say any thing, which may confirme such in their Usurpations, and encou∣rage them to encroach more. And whether this care was used at this time, I leave to all, who are acquainted with what passed about that time, and with what daily is observable, to judge. For my part, if Mr H. did grant to the Magistrat, by ver∣tue of his Power Objectivly Ecclesiastical, a Right or Power to Make and Impose Rules and Injunctions, to regulate Ministers, in the Exercise of their Ministrie, as our Informer lately himself hinted, I think, he hath not onely given to them all, that the Godly Divines, give to the most Godly and reforming Kings: But much more; except it be that, which was given to Extraordinary and Immediatly Inspir∣ed Magistrates, that were Prophets also, and Men of God, such as David and Salomon: Or in a time of Universal Defection and Deformation, which can no other way be remedied. Neither of which can be applied to our case. And further, I wonder how he thinketh, any can judge otherwise, than that, interpretatively at least, the receiving of these Papers, on these termes, was a giving-up of the Right of the Church, with their own hands; seing it is so clear and manifest, by what we have said. And seing it is so, himself will, I suppose, grant, that every Minister is call∣ed highly to resent this treachery.

What saith our Informer for Vindication; But who so will read, saith he, Our Anti-Erastian Writters, will finde that they yeeld to the Magistrate, as Magistrate, (and conse∣quently to all Magistrates, be what they will, good or bad, though upon his perril, as he shall answere to God for it, if he shall determine wrong) a Publick Politick Definitive judgment, concerning Matters of Religion, in reference to his own Act about them; or (for they diver∣sifie the phrase) a Power of judging of his own Act, about Spiritual or Religious things, to be observed, or not observed by their Subjects. And to make out this, he citeth some words out of the CXI. Propositions, Propos. 97. where these Words are, As to each member of the Church respectively, so unto the Magistrate belongeth the judgment of such things, both to apprehend and judge of them: For although the Magistrate be not ordained and preferred of God, that he should be a judge of Matters and Causes Spiritual, of which there is a controversie in the Church; yet he is questionless judge of his own Civil Act about spiritual things; namely of defending them, in his own Dominions, and of approving or tol∣lerating the same: And if in this business▪ he judge and determine, according to the Wisdome of the Flesh, and not according to the Wisdome which is from above, he is to render an ac∣count thereof, before the Supream Tribunal. But to what purpose is all this waste of Words? Doth he, or any man think, that we deny to the Magistrate a judgment of his own Civil Act; or that we suppose, that Mr H. and others have betrayed the Cause, because they granted to the Magistrate a Power Objectively Ecclesiastical, so far, as to judge thus of his own Civil Act of Tolerating such a way within his Dominions? No, that is not the ground we go upon. But this we say, that if Mr H. or others, do inferre from this power of judging, in reference to his own Act competent to the Magistrate, that the Magistrate, may Impose Rules and Injunctions, to regulat Ministers in the exercise of their Ministrie; then they have betrayed the Cause: And either they must inferre this therefrom, or they speak nothing to

the purpose: And himself lately told us, as much as all this. Now let him, or any man show me, where any Anti-Erastian Divine reasoneth thus, or draweth such an Inference, from this Power Objectively Ecclesiastical. Yea I much questione, if Ve∣delius or Maccovius his Collegue, did ever so argue. And sure I am, the Author of the CXI. Propositions Propos. 45. &c. cleareth up that Difference betwixt these two Powers, which is taken from the Object and Matter about which. And Prop. 54. he showeth, that those things, wherein the Ecclesiastical Power is exercised, are preaching of the Word &c. And Prop. 55. That though the Civil Magistrate is occu∣pied about the same things; yet it is but so far, as concerneth the outward disposing of Divine things, in this or that Dominion. Nay. I must say, that I cannot see, how this will follow, That Magistrates may prescribe such Rules unto Ministers, to regulate them in the exercise of their Ministrie, because of a Power granted to them, to judge of their own Civil Act, about spiritual things; more than that every Church-Member may do the like; for in that Prop. as the Words cited do clear, the Author giveth that same Power to every Member of the Church respectively, and how can it be denied to them, or to any rational man? Nay, let me say more. Have not Ministers, and every private man, this power of judging of his own Act about things Civil; and in this respect also an Objectivly Civil Power? Will it therefore follow, that they can prescribe Rules, to regulate Magistrats in the exercise of their functio••? And if a Magistrat should come to the Prelates, or Pop's Bar, and take a Paper from him, containing such Instructions, and give this onely as his Apologie, that he acknowledged a Power Objectivly Civil, competent unto the Pope or Prelate? because they had power to judge of their own acts about civil things; would not others have cause to judge, that that Magistrate had denied the Co-ordination of the Po••ers, & had professed his Subordination as Magistrate to Pope or Prelate? Now, Verte Tabulas and see how the parallel runneth in our case, and then judge.

From the foregoing discourse, and particularly from that cited out of the CXI. Pro∣positions, our Informer, now a Disputer, Inferreth, That he hopeth no man in reason can alledge Mr H's recedeing from the Principles of this Church, in the matter. But for my part, though I will not judge of the Thoughts or Intentions of Mr H. or of any other of his Brethren; yet considering the work it self, as this Informer hath represented it unto me, in its circumstances, I cannot but say, that in the thing, and as to the Intentio operis, there was a recedeing not onely from the Principles of the Church of Scotland, but also from the Zeal of our former Worthies, who ventured all to trans∣mit the truth, pure from Erastianisme and Caesario-Papal Invasions & Encroachments, And from the strick Obligations, lying on us all, to stand to the Truth, and to the Defence of the Power and Privileges of the Church, against the Usurpation and Encroachments of the Magistrates, seeking alwayes to inhaunce all Church-power into their own hands; not out of love to promove the Glory of God, and the real good of souls; but out of a desire to have the Ministrie, and the outward Admini∣strations of grace enslaved unto their wills. Is it not certaine, out of what ground this Indulgence did grow; and how the Act of Supremacy (which no Conscientious Minister or Christian can owne or acknowledge,) as it was occasioned and necessita∣ted by the Indulgence; so it became the Charter thereof, and gave legal life and being unto all that followed? And was it not as certaine, that a Designe to procure a Requiem to themselves, in all their Usurpations, and intolerable Invasions of

Church-Power, and overturning of ••he whole Work of God; and withall to make way for the further Enslaving of the Church▪ and of all Church-Power to their ••usts, did midwife this Bastard-Child into the World? And could it be uncertaine to rational observing Persons, what was the Designe of King and Councel, in-giving these Instructions, First and Last? Yea, was not the whole Business so carried on from First to Last, as half an eye might have discovered a wicked Designe therein? And was not the Explicatory Act of the Supremacie a more than sufficient proof of an Erastian Spirit, that led and acted them, in some things, beyond what the An∣ti-Christian Spirit could for shame prompt the Pope to arrogate to himself? And when from these things, and many others such like, yea from the whole Procedour of King Parliament and Council, in their Actings, since this last Revolution began, it is more than sufficiently clear, what they did and do Intend; will any say, it was not their Duty, while so Providentially called to witness to the Truth, to give a more Plain, Full, Ministerial and Christian Testimony, to the Truth, which our Predecessours maintained, with so much Hazard, Expence of bloud, Loss of Li∣berty, Tossings, Imprisonments, Confinements, Condemnation to Death and Banishments &c. and which we were so solemnely sworne to stand to? And will any Ingenuous Christian say, that, all circumstances being considered, the Testimony given was such, as became men standing in the Fields for the Truth of Christ, and engaged in point of Conscience and Christian Valour, Honour and Credi••e, to cover the ground they stood on with their dead Bodies, rather than cede to such a manifest Encroaching and Invading Enemie? Will any, who readeth the carriage of our valiant and renowned Worthies, in opposing the Encroachments of King Iames, (who yet never did, nor for shame could arrogate to himself such a transcendently Super∣lative Supremacie over Church-matters, as now by Act of Parliament is declared to be an Inherent Right of the Crown) think, that they would have satisfied them∣selves with such a General, Impertinent, Confused, Indistinct and Defective Te∣stimony to such a Glorious Truth? Will any, who considereth the Zeal, that or∣dinarily acted our faithful Progenitours, from the beginning to this late Catastroph, and of our valiant Worthies, who valued this Truth of Christ's Kingship above their lives, think that there was not here a palpable cedeing from that Spirit and Zeal, which moved them to postpone all things, to this chief matter? And can any say, that this way of vindicating Truth, wherein so much Pusillanimity, Dis∣ingenuity, carnal Consultation occasioning Misconceptions and Blindness, ap∣peared, did keep correspondence with our frequently reiterated Vowes and En∣gagements? Was it pertinent or seasonable, or could it be satisfying to propose, in such an exigent, a meer Cothurnus; I meane, that general Assertion of the Magi∣strates Objectively Ecclesiastical Power, no less ambiguous till fitly explained, than impertinent to the case then in hand? Nay, let this very Informer tell me, if he think not, that more Plaine, Clear and Full expressions might have been fallen upon, if plaine and home dealing had been Intended? This I suppose may serve for an Examination of that matter, as this Informer hath declared it unto us.