CHAP. III. (Book 3)
That this Discipline robs the Magistrate of the last appeal of his Subjects.
The second flows from this. The last appeal ought to be the Supream * 1.1 Magistrate, or Magistrates, within his or their Dominions, as to the highest Power under God. And where it is not so ordered, the Com∣mon-wealth can injoy no tranquillity, as we shall see in the second part of this discourse. By the Laws of England, if any man find himself grieved with the sentence or consistoriall proceedings of a Bishop, or of his officers, he may appeal from the highest judicatory of the Church to the King in Chancery, who useth in that case to grant Commissions under the great Seal to Delegates expert in the Laws of the Realm, who have power to give him remedy, and to see Justice done. In Scotland this would be taken in great scorn, as an high indignity upon the Com∣missioners of Christ, to appeal from his Tribunal, to the judgement of a mortal man. In the year 1582, King James by his letter, by his mes∣senger, * 1.2 the Master of Requests, and by an Herald at Arms prohibited the Assembly at Saint Andrews to proceed in the case of one Mongo∣mery, * 1.3 and Mongomery, himself appealed to Cesar, or to King and Councel. What did our new Masters upon this? They sleighted the Kings letter, his Messenger, his Herald, rejected the Appeal, as made to an incompe∣tent Judge, and proceeded most violenlty in the cause. About four years after this another Synod held at Saint Andrews, proceeded in like * 1.4 manner against the Bishop of that See, for Voting in Parliament accord∣ing to his conscience, and for being suspected to have penned a Decla∣ration, published by the King and Parliament at the end of the Sta∣tutes, notwithstanding that he declined their judicature, and appealed to the King and Parliament. When did any Bishops dare to doe such acts? There need no more instances, their book of Discipline it self be∣ing so full in the case, from the Kirk there is no reclamation, or appellation, to any Judge Civil or Ecclsiastical, within the Realm.