The Case of the Earl of Argyle, or, An Exact and full account of his trial, escape, and sentence wherein are insert the act of Parliament injoining the test, the confession of faith, the old act of the king's oath to be given at his coronation : with several other old acts, made for establishing the Protestant religion : as also several explications made of the test by the conformed clergy : with the secret councils explanation thereof : together with several papers of objections against the test, all framed and emitted by conformists : with the Bishop of Edinburgh's Vindication of the test, in answer thereunto : as likewise a relation of several matters of fact for better clearing of the said case : whereunto is added an appendix in answer to a late pamphlet called A vindication of His Majestie's government and judicatories in Scotland, especially with relation to the Earl of Argyle's process, in so far as concerns the Earl's trial.

Grounds wherupon some of the Conformed Ministers scruple to take the Test.

FIrst, passing by the danger of Oaths, when pressed so generally, (men of the least tenderness ordinarily swallow them easily and make small Conscience of observing them, while they that fear Oaths are hardly induced to take them, and by their strict observance make themselves a Prey) we think it strange that this Oath should be injoyned to us, who cannot be suspected rationally to incline either to Fanaticism or Popery, since by our Subscriptions to the Oath of Supre∣macy, and canonical obedience, we have sufficiently purged our selves of the first, and by our refuting Popish errors daily in our Pulpits, do shew an utter abhorrence of the other, and further, since meerly our owning of Episcopal Government has begot, and still increases in the minds of our People, such an Aversion from and dislike of us, we would have expected that our spiritual Fathers would not have exposed us to greater loathing, and contempt, by such engagements; which although it should be granted to be causeless and unjust, yet we think our selves bound to shun it, that our Ministry may be the more taking with them, since the thing pressed upon us, is neither absolutely necessarie, nor yet so evident in what is asserted for truth as may incou∣rage us for to underlie their prejudice conceived thereupon: And finallie, since it is known that abjuring the Covenant did hinder many Ministers to conform, and People to joyn in Ordinances dispensed by Conformists, and our Parliaments had hitherto shewed such civil Moderation as to free us from the Declaration, we cannot look at it but as bad and fatal that our Church should be dashed on this Rock, which may occa∣sion its splitting, and instead of quenching this former evil create new Flames.

Secondly, as we wish for the suppressing of the growth of Popery a more particu∣lar way had been made use of, even for the discovering of such as are of no publick Trust, so we cannot but regret that this Test has been so framed as to divide the sound sober Presbyterians amongst themselves, whereby our Common Enemies are gratify'd, and the true Faith indangered, we being perswaded that there are many Presbyterians in the Kingdom, Gentlemen, Ministers, and others, who cannot in conscience take this Test, who yet do dayly come, and are ready to joyne with us in Ordinances. We think it had been fitter to have condescended something for gaining of such, then to have put such a brand upon them, which may more alienate them, and weaken us.

Thirdly, that Confession of Faith Recorded in the first Parliament of King James the 6th, has some things in it which may scarre the Swearing to it without Limitation, as 1. Section 15th. it Asserts those to be evil works which are done not only contra, but praeter verbum Dei. 2dly, Section 25th. It Asserts, such as resist the Supreme Pow∣er, doing that which pertains to his charge, and while he vigilantly travels in his office, doe resist the Ordinance of God, which clauses may bear an exclusive sense, especially when in the 5th Section, it is reckoned among good works to suppress Ty∣ranny, 3dly Section 15th; Jesus Christ is asserted to be the only Head, and Law-giver of his Kirk, and it is counted Blasphemy for Angels, or Men to intrude themselves into the said Honor, and Office; 4^th Section the 23^th on the Sacraments. Popish Baptism is denyed as to its validity, and Popish Priests denyed to be true Ministers, which expressions if narrowly scanned, will be found of dangerous consequence, and contradictory to other positions in the Confession it self.

Fourthly, we fear that our People may look on us rather as Countenancers and In∣couragers, then Suppressors of Popery, seeing by the Act we are obliged to delate yearly in October such as withdraw from our Ministry, that they may be punished by the civil Magistrats, and yet by the same Act, the Kings lawful Brother, and Sons in perpetuum are exempt from taking the Test, and consequently left at liberty to be Pa∣pists, or Protestants, and what bad influence their example may have on inferior People may easily be apprehended, and our taking the Test will be reputed an approv∣ing of that exemption, which will be more stumbling. That all former Acts against

Papists were made without any exemption, and they all declared to be disloyal who embraced not the Reformed Religion, particularly in the 47^th Act of the third Par∣liament of James the V I. and the 8^th Act of the I. Parliament of Charles the II.

Fifthly, We are to swear that there lyes no obligation on us by vertue of the late Covenants, or any other manner of way to endeavour the change of the Govern∣ment, either in Church, or State, as it is established by Law, where we suppose we are sworn not only to maintain Monarchy, but also, as our Law tyes us, in the present line, and in the nearest in kin to our present King, altho they should be Papists, altho we judge the Coronation Oath in the eight Act of the first Parliament of James the VI. to be contradictory, which yet is a standing unrepealed Law, since this currant Parliament hath ratified, and confirmed all Acts made in savour of the Pro∣testant Religion, whereof this is one, so that we swear Contradictions.

Sixthly, as for the Church Government, as it is now establisht by Law, there hath not been, nor are yet wanting sound Protestants who assert the Jus divinum of Episco∣pacy, such could not in conscience take this Oath, seeing the King by vertue of his Prerogative, and Supremacy is impowered by Law to dispose of the External Govern∣ment, and Policy of the Church, as he pleases, as for such as look upon Episcopal Government as indifferent in it self, notwithstanding the submission that we give to it, or have ingaged for, they can as litle swear on these terms: for why should they swear never to endeavor to alter that which in it self they look upon as alterable, there being no indifferent thing which in tract of time, through the corruption of Men, may not prove hurtful? and why might not men in their Station endeavor the redressing (by fair means) of any such evil, and advise his Majesty, if he be willing, to exert the power setled on him by the law, for freeing the Church from any inconveniency? and altho we have engaged to obey Bishops, yet we ever did wish that they may be set∣led a••ongst us in a way more suitable to the primitive times viz. That their number might be more encreased, that they might by called by the Church allenarly to that office, and that they might be made liable to the censure of the Church for their doctrine, life, and diligence, that they might not be such pragmatical Medlers in Civil affairs, and that Synods, and Presbyteries might have more power then is assigned them by the Act of Restitution; from the seeking a Remedy in any of which things this Oath doth tye us up.

Seventhly, the power given to the King by the present laws, if he should be popish, should be very prejudicial to the Protestant Interest, for by the first Act of the 2d Par∣liament of Charles the 2d he may not only dispose of the external Policy of the Church, but may emit such Acts▪ concerning the Persons imployed therein; & all Ecclesiastical Meetings, and Matters to be treated upon therein, as he shall think fit, and this Act only published is to oblige all his Subjects, and by the Act for a National Synod no Doctrinal Matter may be proposed, debated, or concluded without his express al∣lowance; in the foresaid case it is easie to divine, what advantage the Enemies of our Religion will have for the overturning of all.

Hoc ••thacusvelit, & magno mercentur Atrid••