An ansvvere to M. I. Forbes of Corse, his peaceable warning Calderwood, David, 1575-1650. 1638 Approx. 71 KB of XML-encoded text transcribed from 18 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2005-12 (EEBO-TCP Phase 1). A01039 STC 11143 ESTC S102458 99838243 99838243 2611 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A01039) Transcribed from: (Early English Books Online ; image set 2611) Images scanned from microfilm: (Early English books, 1475-1640 ; 887:07) An ansvvere to M. I. Forbes of Corse, his peaceable warning Calderwood, David, 1575-1650. [36] p. Printed, [Edinburgh?] : anno Dom. 1638. By David Calderwood. A reply to: Forbes, John. A peaceable warning, to the subjects in Scotland. Place of publication conjectured by STC. Signatures: A² B-E⁴. Reproduction of the original in the Folger Shakespeare Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Forbes, John, 1593-1648. -- Peaceable warning, to the subjects in Scotland. Church of Scotland. 2005-03 TCP Assigned for keying and markup 2005-05 SPi Global Keyed and coded from ProQuest page images 2005-06 Haley Pierson Sampled and proofread 2005-06 Haley Pierson Text and markup reviewed and edited 2005-10 pfs Batch review (QC) and XML conversion AN ANSVVERE to M.I. Forbes of Corse , His peaceable Warning . 2. Cor. 11.14.15 . 14. And no marvell , for Sathan himselfe is transformed into an Angell of light . 15. Therefore there is no great thing , if his Ministers also bee transformed , as the Ministers of righteousnesse , whose ends shall bee according to their workes . Printed , Anno Dom. 1638. TO THE READER . I Doe not believe ( good Reader ) that any judicious man is perswaded , that our Confession of Faith , solemnely sworne and subscribed by persons of all rankes throughout the whole Kingdome , is worne out of date , for any thing hee hath seene in M. I. F. of Corse his late Pamphlet : Yet lest any of weake judgment give credite to his allegations , I have undertaken to cleare the Trueth for thy farther information and their confirmation , Hee hath entituled it , A peaceable Warning , whereas it tendeth to division , & to annihilate the authoritie of that generall Confession sworne and subscribed universally now the third time . Ieremie complaineth ▪ that from the Prophet to the Priest everie one dealeth falsly : for they have healed the hurt of my daughter slightly , saying , peace , peace , when there is no peace . So now many pretend a care for the peace of the Kirk , when they intend no peace farther than their opinions shal bee followed , and the course they have layed down to themselves . It is true , hee hath disclamed what hee hath written amisse , or to the offence of any in his former copies spread abroad in writ . But is that a sufficient satisfaction for these vile imputations of rebellion , sedition , disobedience , refractarinesse , temeritie , unduetifulnesse to Ministers , and reproching them as blind guides . Howsoever hee now seemeth more modest , yet you may take up of what spirit hee is . But I wil not , nor need not make Apologie , but proceed to my answere to this Copie , directing the same to the Author himselfe . An answere to the first Chapter . YOur historicall discourse upon the Con●ession of Faith. which you call , The short negative Confession , is unsufficient . For it was not only approved by the generall assemblyes holden in the yeare 1581 ; and then subscribed universallie , but also in the yeere 1590. by a charge from the secreet Counsell procured by the generall Assemblie . There was an Act made in the Assemblie holden in Iune 1587. that Students in Vnivrsities subscribe the Religion then established and professed by the mercie of God within this Realme , before they bee promoved to Degries . Whereupon , all such as have beene laureat in the Colledge of Edinburgh since that time to this present yeere to the number of 1500 or therabout have subscribed that Confession . In the Assemblie holden in March 1589 some were appointed to seeke from the Clerk of Register a copie of the act made lately before concerning the new subscription of the Band , and the same Confession of Faith. Some were sent to petition the Counsell , that Commissions might bee given to such persons , as were agried upon before the holding of the Assembly , to receive de novo subscriptions to the Band of maintenance of Religion subscribed by his Majestie , and the same Confession of Faith , which was put in execution , and the Band was printed with the Confession . Whereby you may perceive , what is meant by Religion in the Band of maintainance . As you have your selfe cited sundrie acts of Parliament for the first Confession , you might have added an act of approbation of this Confession also . In the 12 Parliament holden in Iune anno 1592. and act 123 it is declared , that no Subject shall injoy the benefite of the act of Pacification made in Februar 1572. of aboltion made in December 1585. or of both ratified in Iulie 1587. unlesse they professe the true Religon , as the same was then professed within this Realme , and acknowledge his Highnesse Authoritie . But the heads contained in that Confession were the points of Religion then professed within this Realme ; was not universall subscription p●eceeding a signe of profession , Was any subscription accepted but to that Confession since it was first subscribed . The title of the Act sheweth , that by profession , is meant giving confession of their Faith. The conjoyning of the acknowledegment of the Kings authoritie with professing the true Religion , as it was then professed , leadeth ●s to that Confession : For in the end of that act , there 〈◊〉 a clause binding the subscribers to acknowledge K. Iames to bee their Soveraigne Lord , which agrieth not with any other Confession . No other Confession of Faith can bee meant in the acts of Parliament following . Whereas you saye , it was called The Kings Confession , because it was set out in the Kings Name , Wee saye , it might have beene as well so called , because it was first subscribed by the King and Court. But there is no great matter , upon what ground it was so called by any . This is undoubted , that it was the Confession of the Kirk of Scotland that it was so taken by forraine Kirks , and therefore insert in the harmonie of the Confessions of the reformed Kirks , and there called in the superscription The Confession of the Faith of Scotland , which is a larger title , than to call it The Kings Confession . If that Confession which was universally subscribed by direction from Authoritie , and of the nationall assembly , may not justly bee called , The Confession of the Kirk , let any man judge . You say , because it insisteth most in rejecting of errours , it is also called The negative Confession . It is so called by Papists , and such as look back to Poperie , but not justly . For it consisteth of an affirmative part , comprehending the first Confession as these words doe expressely beare . Wee believe with our hearts , confesse with our mouths , subscribe with our hands , and constantly affirme before God , and the World &c. and of rejection of errours , for which you call it often The negative Confession , taking the denomination from a part , from the lesser part , and from the negative part , rather than from the affirmative . Nay rather from the qualitie of the appendix to the old Confession , than of the Confession it selfe . For the rejection of errours is appended to the old Confession . This course to joyne the rejection of errours with positiue points of doctrine was followed at the Counsell at Dort. Your selfe confesse that many masked Papists subscribed the old Confession deceitfully , and therefore that this forme of consenting to the old , with a rejection of all contrarie Religion , and sundry popish errours particularly expressed , was drawne up to discover them . Was not that needfull , and the course lawfull ? Whereas you say , a certaine reverend Brother , meaning Master Craig did it . Will any man thinke , that none did perceive the deceit of masked Papists , but hee alone ? Or that hee presumed to draw up that forme without the consent of other reverend Brethren . finding this course to bee necessarie , or that it could passe without approbation of the generall Assembly . M. Alexander Anderson Principall , M. Andrew Galloway Sub-principall . M. Andrew Anderson , M. Duncan Norie , Regents of the Colledge of Aberdene , were called before the Earle of Murrey Regent , and the Lords of privie Counsel , who were present with him in Aberdene in Iulie 1569. and were requyred to approve by subscription the old Confession of Faith , with all other Acts made concerning Christian Religion in the Parliamenrs holden at Edinburgh in August 1560. and December 1567. They were deprived for their refusall of all honours , dignities , functions , preheminences , faculties , and priviledges within the said Colledge , and of libertie to instruct the youth in any part within this Realme . The Commissioner of the Kirk to the shirefdomes of Aberdene , & Bamfe , pronounced the like sentence , by the advice , counsell , and consent of the Ministers and Elders in these bounds . But so it is , that su●drie of these acts of Parliament , whereunto they were requyred to subscribe , were negative , as you use the terme or a rejection of popish errours , either in generall or particular , as the denyall of the Popes authoritie and jurisdiction , the annulling of all Acts made since K. Iames the first his time , not agrieing with the word of God , and contrarie to the confession of Faith , then published , the condemni●g of the Masse , baptising conforme to the manner of the popish Kirk , and the abrogating and annulling of all laws acts , and constit●tions , canons , civill , or municipall , contrarie to the said true Religion . So you see , that even then they thought it not enough to require subscription to the Confession , but also to abrenunce contrarie errours , specially popish . This Confession , which you call the negative , explaineth more particularly these acts . And therfore in the title before it was called , A generall Confession of the true Christian faith & Religion , according to GODS Word , and Acts of Parliaments . It were good that the like course were taken with you , and your fellowes in Aberdene to that which was taken with these before you , that is , to remove you , if you subscribe not that Confession , which you seeme to despyte so much . In the meane time , I would have you content to call it not the negative Confession , but the generall Confession ; as the title beareth . To the second Chapter . YOu saye , divine authoritie appertaineth absolutely to the canonicall Scriptures , conditionally to other writings and sermons , to wit , in so far as they have the trueth revealed in the Scriptures contained in them . What if there bee no errour , but all trueth which is contained , wil you call them therefore absolutely divine ? Wee professe , wee believe with our hearts , confesse with our mouthes , subscribe with our hands , and constantly affirme both before God and the World , that the Religion particularly expressed in the conf●ssion of Faith confirmed by sundrie acts of Parliaments is Gods eternall Trueth , and therefore you are bound to sticke to it howbeit wee hold not that or any other confession absolutelie divine . For that testimonie , whether by word or writ is called divine , and hath absolutely divine authoritie , which hath God himselfe for the author of it , either immediatly by himselfe , or by the ministrie of men , to whom hee delivered his will by vision , dreame , or immediat inspiration of the Spirit . Both the matter and diction are from GOD. If the testimonie of learned men agreable with the Scriptures might bee called divine absolutely and simply , then there should be no difference betweene the holy Scripture & the same writings of the learned . The Manicheans saide , that what Orpheus Sybilla , and the Philosophers of the Gentiles foretold of Christ , were of as great authoritie as the wordes of the Prophets . Augustine answereth , that if any trueth bee found in them , it availeth to their conviction , but not to bee holden in estimation or authoritie as the words of the Prophets . For the Devills , said hee , spake true things of Christ , yet were not of as great authoritie as the Angels . See in Gratian dist . 37. Sicut veri . But it may bee in stead of conditionally divine , you wold say in some regard or respect , that is in respect of the trueth of the matter , in which respect it cannot bee called conditionally divine because it is alreadie so farre divine . And this is the expression of Divines , Etsi enim verae Ecclesiae judicium & testimonium dici possit divinum , non 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 sed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , nis mirum quatenus cum Scriptura sacra , & proinde cum Spiritu sancto & revelata Dei voluntate congruit , tamen 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 considaratum non est divinum , sed humanum . quia non est immediate a spiritu sancto inspiratum . Alioqui omne juo dicium & testimonium cujuscunque hominis congruens cum sacra scriptura esset divinum , atque ita jamnulla esset differentia quoad authoritatem interscripta Prophetarum , & Apostolorum & aliorum ecclesia Doctorum sacris literis consentanea scribentium . So wee saye of our Confession of Faith , it is not simpliciter divine , but in respect of the matter & trueth contained into it , it may bee called in that respect , and so farre only divine . Where you saye , if wee find in the writings of men any thing repugnant to the holy Scriptures wee ought to reject it , correct it , or amend it ; as our progenitours willingly professed in their epistle prefixed to their nationall Confession . That epistle or preface seemeth to have beene written in name of the Barons , Gentlemen , Burgesses , & other Subjects professing the true Religion , who after that they had in their Supplication to the Estates offered to prove the doctrine of the Roman Kirk to bee repugnant to the word of God , were cōmanded to draw up the summe of that doctrine , which they would maintaine . and desire the Parliament to ratifie . Within foure dayes after , it was presented and read , first before the Lords of the Articles , and after . before the whole Estates . Some of the Ministrie were present standing readie to answere , what might bee alleadged against it . The Bishops and others of a contrarie mind were charged in the name of GOD to object against it , if they could . Everie Article was read by it selfe . None would , nor could object in the contrare . The Eerle of Marshall protested , that no Ecelesiasticall person should afterward have place to oppone , considering , that time was granted them to advise , and none opponed in so free and peaceable a Parliament . After that none opponed by argument . The Confession it selfe ( without their epistle prefixed , when it was exhibited by the Protestants , as the title beareth before the Confession ) was authorized , as a doctrine grounded upon the infallible Word of God , as you may see , where it is insert in the acts of Parliament . Apparently you would have no Confession of Faith ratified and authorized , or to stand firme and stable , but that everie man may have libertie to impugne it . This were to unsettle a Kirk or Estate . After a Confession is ratified , none should bee suffered to be members , let bee office-bearers in that Kirk , who refuse to subscribe or impugneth it private or publick , in schooles or pulpits , unlesse it be first corrected by the Kirk and Estates , which hath approved and ratified it . You say , that short Confession hath humane privat authoritie , and is respected for the Penner , and many well affected christians subscribers . But that in this regard wee are no more tyed to this Confession then any part of Augustin Ambrose , Luther , or Calvins workes approved by manie good Chistians , nor that the obligation of the subscribers can be extended beyond their owne persons and lifetimes . But wee have told you already , that it is the Confession of the Kirk of Scotland , approved by the Kirk of Scotland , and subscribed universally by direction of authoritie at two sundrie times , which is more than to bee penned by M. Craig , and subscribed by many good Christians , or hath beene done to any part of Aagustine , Ambrose , Luther , or Calvins workes Beza set forth a notable Confession of faith , which is approved by many good Christians , yet is esteemed only as a private worke . But so is not the generall confession of the Kirk of Scotland . The orthodox confession of a reformed kirk deserveth greater respect than the treatises or works of Ambrose , Luther &c. Sunt enim hae Confessiones orthodoxae , tanquam tabulae authentica , privatorum Doctorum scriptis anteponendae . as is said in the Latine preface to the Confessions of faith . There is good reason for it : for humane authoritie admitteth degrees . The publick is more valide than a private . Sententia communi omnium assensu recepta ; longé probabilior erit sententia ea , quam unus & alter statuit . One man speaking according to Scripture is to bee prefered before a great assembly of doctours speaking without criptures : But then his judgement is preferred because of Gods authoritie . not for his owne . B●r wee are now comparing private men with a whole Kirk ceteris paribus , in regard of themselves , and consider humane testimony or judgement qua tale in so far as it is humane . To conclude this point , Wee are aswell tyed to the generall Confession as to that which you call the nationall , for the generall is nationall aswell as the first . In the meane time , you have showne litle respect either to the penner or subscribers , for you call it the negative Confession , the short negative Confession . The supreme authoritie civill you distinguish in royall or legall , and the legall you make also royall . So then the royall power is royall or legall . Or you meane , the royall power is either conjunct with the Estates , as in making Lawes , because ne civiles quidem leges ex fua solius authoritate ferre potest , as saith Burthillus contra Becani controvers . pag. 66. or without their concurrence , as in giving remissions &c. But this you may call the royall Prerogative . The power legall you should call legislative , or law giving power , which Polititians call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . for the power of execution , or administration of justice shuld bee also legall ▪ and ruled by the lawes . This short Confession , you say , had never authoritie legall , for it was never ratified by act of Parliament , but all the civill authoritie it had , was only royall by the Kings mandat . You would say imposed by vertue of his royall prerogative ▪ I believe that his Majestie professing lately in his Declaration , that hee would not urge the Service booke farther but in a legall manner , would not impose upon us subseription to the Confession of Faith by his royall mandat , but in a legall manner . I am sure there is as great reason for the one as for the other . But wee have shewed already , that it hath beene ratified by act of Parliament universally recived & subscribed , which is equivalent to a Parliament . But more of this anone . You saye , Authoritie ecclesiasticall was given to this Confession by two nationall Synods . But I have cited moe , which you have omitted , whether of set purpose , or otherwise , I referre to your owne conscience . You saye , the Authoritie synodicall immediat , was that approbation , whereby these Synods declared this Confession to bee a true , Christian , faithfull , and godly Confession , and that such as truely professe Iesus Christ ought to agree thereto . That by this reason it tendeth to manifest a divine authoritie of the confession of the doctrine thereof , and in respect of the matter so approved doth equallie oblish all Christians . Wee have already cleared that point of divine authoritie wherein you have fumbled . As for the other point , wee doe think that all good Christians should embrace our Confession , Wee beeing persuaded , when wee subscribe , that it is the undoubted trueth grounded upon the written Word . But our intention was not to set downe a Confession of faith , whereunto all Christians in the world should bee tyed , but only such as will bee members of this Kirk , and to make knowne to the world what wee professe . For as it is well observed in the preface to the harmonie of Confessions . If every man bee commanded to make Confession of his Faith , so often as Gods glorie & the edification of the Kirk shall require , what a wonderfull and strange thing ought it to seeme , if Cities , if Provinces , if whole Kingdomes have made profession of their Faith , When they were falselie charged by the Popish sort , that they had gone from the doctrine of the true Kirke . You acknowledge you are obliged to reverence the judgment of a nationall Synod of our Kirk in matters substantiall . Why not in matters also rituall and disciplinarie ? for these I suppose you oppose to matters substantiall . Yet in matters substantiall , you professe you are no more oblidged to hearken to those two Synods , than to the preceeding , or following , or to the Synods in forraigne Kirks , or to the ancient Councells , that is , only by restriction . Yet you ought to depart from us , if you bee not of us ; if your judgement bee not conforme to the judgement of our Kirk . The ecclesiasticall authoritie mediat given by these Synods to this Confession you make to bee their injoyning Ministers to give obedience to his Majesties commandement anent the said Confession . Is the ordinance of the Assembly ecclesiasticall media●e authoritie . You vanish in your distinctions . An ordinance of an Assembly floweth immediatly from the ecclesiasticall authoritie or power of the Assembly ▪ But you prove your mediat authoritie ecclesiasticall thus . Nothing is spoken in these statutes , but in relation to the Kings Majesties mandat and for a time , but that doth not make the power ecclesiasticall mediate , but only adj●vant or concurrent . I will tell you more , the Proclamation had taken small or no effect , if it had not beene seconded with the authoritie of the generall Assembly . Yea it had beene a dangerous preparative to command Ministers to crave subscriptions to a Confession of Faith not approved by the Kirk . The worke was good , but the order preposterous . In the yeere 1589. the assembly began , and desired Commissions to be given to that effect and gave in a roll of such , as they had nominat to bee Commissioners , which was performed by the secret Counsell . You must knowe also that there have beene acts of Assemblies made for subscribing that Confession without relation to the Kings commandment , as for that students in schools and Vniversities made anno 1587 and this following Sess. 3. quarto Martij 1589. Anent subscriptions to the Confession of Faith with protestation , that the Subscribers doe the same only to obey the King & his Lawes , the Assembly esteemeth of no such subscriptions , but ordaineth such persons to bee proceeded against , as against simple refusers . Suppose the two acts cited by your self make mention of the Kings mandat , yet they injoyne Ministers to doe the same thing that the mandat requyres , not beeing urged by the King or Counsell , but of their owne accord for furtherance of the work it selfe . The first Act requyred Ministers to follow the tenor of the Proclamation . But the second Act differeth in some points from the tenor of it . Where the King with advice of the Counsell injoyned Ministers to deliver the Names of the refusers , and the processe led against them to the Ministers of his House , under the pai●e of fourtie pounds , the Assembly enjoyned them to report their diligence to the next Synods , that the same might bee reported to the generall Assembly , and that under the paine of deprivation . They intended perpetuitie in these Acts : for they acknowledged it to bee a true Christian conf●ssion worthie to bee received by all true professours , a godly and Christian confession , which ought to bee embraced by all the Kings subjects . where-upon they urged subscription . To approve a Confession , and to urge subscription , import an intent , that such as shall bee members of the Kirke , shall professe conforme to that Confession , and subscribe when they are requyred . When they ordained Students in time to come to subscribe , before they past their Degries , did they not intend perpetuitie . Did not the continuall practise afterward , when any suspect of Papistrie were requyred to subscribe , prove a perpetuitie was intended at the first . If the first Confession standeth , because it is nationall ; This other , or the former with this appendicle continueth for the same reason . For a Confession subscribed universally through the whole Nation by direction of Authorititie both civill and ecclesiasticall may and should bee called nationall , and with as good reason , as a Confession authorized by Parliament without subscription of the Subjects , the one beeing the collective , the other but the representative bodie . And yet it was also approved by Parliament , as I shewed before . Doth any Nation receive a Confession , but of purpose to continue in the same ? If everie generation should change their Confession , what a reproach should it be to a Kirk ? Heare the reproach of Papists . Quoties non mut arunt suam quisque sententiam . Quod edificant bodie , cras destruunt saye the Professours of Culane in their Antidiagma , that is , How oft have everie one of them changed their opinion . That which they build the day , they demolish the next day , And Bellarmine sayeth likewise that the Catholick Kirk , meaning the Catholick Roman , is not like the Synagogues of the Protestants , quae singulis annis non solum ritus , sed etiam fidem mutant , That change everie yeare not onely their rites . but their faith also . You call the Kings charge his royall mandat , and make no mention of the Counsells advice and consent . You see the second act of the assembly cited by your selfe beareth , that the Kings Majestie , with advice of his Counsell hath set foorth and proclaimed &c. The Commissions given in March 1509 were given likewise by authoritie of the King and counsell . Which is more than you doe insinuate , and yet had not beene sufficient without approbation and concurrence of the Assembly . You say , the vigour of the act of assembly remained no longer than the Kings mandat stoode , which expyring it did expyre also . I have shewed alredie , that these acts of assemblyes were not made by direction or injunction of any royall mandat , and have cited some acts which make no mention of any act of Counsell , or royall mandate , but respect the stablished course . You subsume , and saye the mandat royall hath expyred long agoe , because it was no perpetuall law , but a temporarie mandat given out in his Majesties minor age . First , I answere that mandat was not onely given in his minoritie , but againe also in his Majoritie . Next , it was not only his Majesties mandat , but it was an act of Counsell . Doth not an act of counsell stand in force till it bee altered , or annulled . Thirdly , the mandat or act of Counsell began the worke not to continue for a time , but so long as the Kirk continued , Fourthly , it could not bee recalled , nor yet can bee either by act of counsell , or act of Parliament , because res non est integra . When they laboured to draw the whole Nation to subscription , intended they not the perpetuitie of a Confession . After the People were brought on to sweare by the great name of the Lord to continue in the obedience of the doctrine and discipline of this Kirk , how could the mandat or charge bee recalled ? Your sentence therefore cited out of the glosse upon Gratians Decree , Causa sublata tollitur constitutio ex causa illa orta , maketh nothing for the expyring of the force of the acts of the Assembly . For both the acts of Counsell and assemblyes tended to establish a perpetuall Confession in this Kirke and Kingdome . So the vigour of these acts yet remaineth and continueth . Next , this sentence is explained causa 19 quaest . 2. cap. Duae sunt . Glossa , propter criminosos . Vbi aliquid statuitur propter impulsivam causam ▪ causa cessante non ideo cessat constitutio , sed ubi aliquid propter finalem causam est statutum , ibi , si cessat causa , cessat constitutio . That is , A constitution doth not expyre , when the impulsive cause ceaseth , but when the finall cause ceaseth . But heere the impulsive cause of bringing in this Confession was , as your selfe confesse , the deceit of Papists subscribing to the first Confession , minding thereby to subvert the true Religion , and the end of drawing up that Confession was to discover them . The same causes both impulsive and finall yet remaine . And suppose both should faile , there is another principall end wherefore Churches set foorth the Confessions of their Faith , to wit , to make knowne to the World , what they professe , as I have observed before out of the preface to the harmonie of the Confession . You prove the royall mandat to bee expyred first , because hee dissallowed this confession in a certaine speach uttered in conference at Hampton Court. There have beene sundrie copies of that conference spread abroad , and wee have no reason to believe Bishop Barloes report . Suppose the report were true , we allow the speach in a part . For it would have made the Book of the English articles to swel to a great volumne to insert everie negative position . But thinke you that well applyed to this Confession : for it doth not containe everie negative position , but is only a rejection of sundrie popish errours particularly expressed , with generall clauses for rejection of the rest , as your selfe confesse in the 9 page . Neither is it a great volumne . How often doe your selfe call it a short Confession . You saye , it may bee gathered by that speach that hee did utterly disallow and annull that Confession . Hee allowed it before both in his none age , and majoritie . Next , it was necessarie for the discoverie of masked Papists , and still is for masked Papists and Ministers to use such formes of speach I detest , I abhorre &c. It is strange , that that should bee dislyked now , which was thought necessarie then . But suppose the forme of the Confession was disallowed by that speach , yet could it not annull the former mandat A speach uttered in a conference holden out of the Countrie could not repeale the acts of Counsell made at home , and his owne publick Proclamation . Next , that speach was uttered . if uttered , in a free discourse to such as were there present , and was not delivered by way of precept , charge or declaration to us . M. Patrick Galloway in a letter dated the tenth of Februar , 1604. and directed to the Ptesbyterie of Edinburgh hath these words , Sundrie , as they favoured , gave out copies of things heere concluded . Where-upon I my selfe tooke occasion , as I was an eye and eare witnes , to set them downe , and presented them to his Majestie , who with his owne hand mended some things , and eeked other things which I had omitted . Which corrected copie with his owne hand I have , and have sent you heerewith the just transsumpt of it word by word , But in that transsumpt there is no mention of such a speach , nor the least inkling against the Confession of our faith , which had beene verie pertinent and requisite , if hee had intended either a recalling of his mandat , or a declaration of his disallowance of that Confession . But suppose hee had , yet as I have said , that could not bee a recalling of his royall mandat , the Confession of faith beeing authorized by acts of Counsell , acts of Assembly , and Parliament , neither could the Confession bee abandoned beeing alreadie received , sworne and subscribed by the Subjectes universallie . Doctor Andrews in his Tortura torti denyeth , that hee might have given libertie of conscience in respect of his oath , at his Coronation first in Scotland , and then in England . For then sayth hee , hee should bee twise perjured . Non semel perjurus esset quin bis si te andiat . You would draw upon him a greater guilt , that would have made him to draw others also into perjurie . You prove next , that the royall mandat was made voyde by his death , and expyred with the royall breath , and to this effect you cite the sentence following out of the glosse upon the 19 chapter of the first Booke of the Decretalls , Morte mandantis , expirat mandatum , which as you have cited : is false . But these words of the glosse are received , Mortuo mandatore , re existente integra , expirat mandatum . The scope of the text is to determine that the jurisdiction of him that is delegate expyreth not by the death of him who delegated , if there bee litiscontestation before his death , because then the matter is not whole and untouched . So likewise Iustinian sayeth of that mandatum that is contracted betwixt him that giveth , and him that undertaketh the charge of anye businesse , the Mandator and Mandatarius that the contract is loosed , if the death of any of them interveene before entrie to execution . Si adhuc integro mandato mors alterius interveniat . Such like in authorative mandats , if hee to whom commission was given to put it to execution depart before hee put it in execution , there can bee no farther proceeding , till another bee placed in his rowme . But for the receiving the Confession of Faith , the Commissions given were put in execution both in the 1580 and 1590 yeares . The Confession beeing once received , sworne to and subscribed , could not bee recalled by the death of the King , who was the first beginner , and ringleader of the work . Doth a house fall with the death of the Master builder ? Neither was that Confession received for the Kings Mandat , or direction alone , but for the act of Counsell also . Now the Counsell never dyeth . For politick bodies are immortall , and continue by succession . Nor yet for the act of Counsell . but most of all and principally , for the ordinances and directions of the generall Assembly . And last of all this Confession of faith is nothing els but the first Confession enlarged with some generall clauses , and rejection of popish erours . To the third Chapter . YOu thinke it not convenient , that the negative Confession bee authorized at this time , and subscriptions requyred thereto , and that for the reasons expressed in the conference at Hampton Court , and because of some ambiguities , and no small difficulties therein . How valide your reason is alleadged by you out of the conference at Hampton Court let the Reader judge . No man complained of ambiguities and difficulties in it , till such as you are , began to pretend the same , because apparently your eyes were dazeled with the light thereof , and you saw perhaps that which you desired not to see . Howsoever , it is already sufficiently authorized , and needeth not to bee authorized againe for want of authoriti●e . And seeing it is authorized , all the members of this Kirk ought to subscribe it , and at this time especially , when the frame of Religion was like to be altered . If there bee any ambiguities , they may bee explained to the subscribers . Cavillators and tergiversators should be proceeded against as simple refusers . We aggree to the words of the 18 article in the Confession of Faith ; but that maketh nothing against us , who are already perswaded , that our Confession is grounded upon the holy Scriptures . It is true , wee ought to bee busie instructing the people in the positive groundes of trueth , but that hindereth us not to explaine to them points of heresie , which were set downe for masked Papists , and now Ministers themselves are leavened with Poperie & Arminianisme . Should not the true shepheard bee carefull to warne the sheep , if they bee in danger of the Wolfe . If any of us have given any other interpretation then the Confession of faith it selfe will beare , wee shall bee ready to passe from it , when wee shall be convinced . You are sorie that some of us in printed workes condemne Episcopacie , and the five Perth articles . What any have writtten I trust they will bee ready to defend . For the present , I maintaine that by this Confession , which you call the negative , wee abjure Episcopacie . For in this Confession , wee protest that wee detest the Romane Antichrist , his worldlie Monarchie , and wicked Hierarchie . The Popish hierarchie doth consist of Bishops , Presbyters , and Deacons , that is , baptising and preaching Deacons . For it is so determined by the Councell of Trent . in the 4. chap. de Sacramento ordinis , Can. 6. Si quis dixerit in ecclesia catholica non esse hierarchiam divina ordinatione institutā , quae constat ex Episcopis , Presbyteris & ministris ; anathemasit . Bellarmine likewise in his booke de clericis cap. 11. answering to Chemnitius , alledging Dionysius Areopagita , for three orders only , to wit , of Bishops . priests , and dea●ons , whom hee calls Ministers , sayeth , that that Dionysius did not set downe the number of the Orders , but of the hierarchies . For sayth hee , there are three hierarchies in the militant Kirke , the first of Bishops , the second of priests ; the third of Deacons , and that the deacons are also princes if they bee compared with the people : but for inferiour orders , subdeacons , acolythes , lectors , exorcists , and ostiaries or doore keepers , they beare no rule or charge over the people , but onely serve the Deacons or the priests , For hierarchie properly is sacer principatus , a sacred preheminence or rule . The fore-named counterfeit writer Dionysius , calleth the Bishop , the Hierarch , because hee is the chiefe Hierarch . The Pope himselfe is not within the hierarchie , primats , Metropolitans , or Arch-bishops , but as they are Bishops . Whereas some alledge , that in our Confession wee detest and abhorre his hierarchie , that is to bee interpret , as the rest are to be interpreted to be his , as canonization of Saints . dedicating of Kirkes , dayes , altars . &c. are called his , not that there is another lawfull canonization , or dedicating of Kirkes , dayes , altars , &c. Whereas some alledgde , that this hierarchie was before there was a Pope . Wee answere , that it is called his , notwithstanding , as dedicating of Kirks , dayes , altars , oyle , salt , &c. are called his . Because what ever corruption was in the Kirk , either in doctrine , worship , or government of the Kirk , since the mysterie of iniquitie began to work . that is , Poperie began , so much as hee retained and maintained , and obtruded by his authoritie upon the Kirke are his . Next we must consider the Pope or Roman Antichrist not only in his growth and perfite age , but from his conception , and first birth . Farther this hierarchie is distinguished in the confession from the Popes Monarchie . Neither can it bee interpreted of the manifold orders in the Kirke of Rome . For that is mentioned before in the Confession of faith ; where , we abjure his manifold orders . Next in the Confession of faith , we professe that we abhorre and detest all kinde of Papistrie in generall and particulare heads , even as they were then damned , and confuted by the Word of GOD. and Kirke of Scotland . But so it is , that the office of a Bishop was condemned by the Kirk of Scotland , and confuted in the pulpits , by M , Lowson , M. Arburthnot . M. Pont , and many other godly and learned men . From the yeere 1575 to 1579 , when the heads of constant policie and plat-forme of discipline were agitate in Assemblyes , it was declared , that such as had the Bishoprickes , and were called Bishops , should bee tyed to particulare flocks , that they should be called by their owne names , or the name of brethren , that they should bee content with reasonable rent , and not lift up for the maintenance of their ryotousnesse , the emoluments of the Kirk , which may sustaine many Pastors , the Schooles and the poore : that they should not claime the titles of temporall Lords , that they should not usurpe criminall jurisdiction , that they should not exerce temporall jurisdiction . that they must not empire above particulare elderships , nor usurpe the power of presbyteries - In reforming the corruptions of that estate , they abolished Episcopacie , after they had agreed on all the heades of the constant policie , in Aprile anno 1578 which are extant in the booke of policie , or 2 booke of discipline . But besides , there was a speciall act made in Iulie 1580 at Dundie with full consent of the whole Assembly against the office , as followeth , For às much as the office of a Bishop , as it is now used , and commonly taken within this Realme , hath no warrant , authoritie , nor ground in the word of God , but is brought in by the folly of mans invention , to the great overthrow of the Kirke of God , The whole Assembly of the Kirke in one voice , after libertie given to all men to reason in the matter , non●opponing themselfe in defending the said pretended office , finds and declares the said pretended office , used and termed as is abovesaid , unlawfull in it self , as having neither fundament , ground , nor warrant in the scriptures of God. and ordaines , that all such persons , as brook● , or shall brooke heereafter the said office , shall bee charged simplie to dimitt ▪ quyte and leave off the same , as an office ▪ whereunto they are not called by God ; and suchlike , to desist and cease from all preaching of the Word , ministration of the Sacraments , or using any way the office of Pastors , till they receive de novo admission from the general Assembly , under the paine of excommunication , wherein if they bee found disobedient , or to contraveene this Act in any point , the sentence of excommunication after due admonition is to bee executed against them . The Confession of faith was not authorized and subscribed till March , and the yeere following . It is cleare then , that that office is abjured in the Confession of Faith , seing it was consuted by the word of God and Kirk of Scotland . In the Assembly holden at Glasgow in April 1581 we have this Declaration in the sixth Session , Anent the act made in the assembly holden at Dundie against Bishops , because some difficultie appeared to some Brethren to arise out of the word Office , contained in the said act , what should bee meant thereby , the Assembly consisting for the most part of such as voted , and were present in the assembly at Dundie , to take away the said difficultie . resolving upon the true meaning and understanding of the said act , declareth , that they meant wholly to condemce the whole state of Bishops , as they are now in Scotland , and that the same was the determination and conclusion of the Assembly at this time . Thirdly , in that Confession we professe , that we joyne our selves , willingly to this true reformed Kirke , in doctrine , faith , Religion , discipline , & use of the Sacraments , as livelie membere of the same in Christ our head , promising & swearing by the great name of the LORD our GOD , that we shall continue in the obedience of the doctrine and discipline of this Kirke , & shall continue in the same according to our vocation and power all the dayes of our life , under the paines contained in the Law , and danger both of body and soule in the Daye of Gods fearefull Iudgment . But so it is , that the Episcopall governement was damned and the presbyteriall rested upon as most consonant to the word of God , & to be observed in all time comming , before the Confession of faith was subscribed . And while the generall assemblies wtre about the constitution of presbyteries , the King sent with the Laird of Capringtoun to the assemblie holden at Glasgow in Aprile 1581 a plot drawne up for that purpose , together with a letter which was to bee sent to the Noble-men and Gentlemen in the bounds for furtherance of the worke , which being considered and made more perfite , some were appointed by the assembly to see presbyteries erected everie where . The Confession of Faith was subscribed by the King and his houshold in Ianuar preceeding , and injoyned in March to be subscribed by the subjects , which Confession was approved by this assembly holden in Aprile , when directions were given for erection of Presbyteries . The subscription to the Confession and erection of presbyteries went forward together the same yeare . So the discipline by presbyteries was sworne to , and not by diocesian Bishops , or yet Superintendnets , which ceased in the yeere 1575. In the generall assembly holden in August 1590 , it was ordained as followeth , For as much , as it is certaine , that the word of God cannot bee kept in sinceritie , vnlesse the holy discipline bee observed , it is therefore by common consent of the whole brethren & Cōmissioners present concluded , that whosoever hath borne office in the ministrie within the Kirk of this realme , or presently beareth , or hereafter shall beare office therein shall be charged by every particular Presbyterie where they are resident , to subscribe the heads of the discipline of the Kirk in this realme , at length set down & allowed by act of the whole assembly in the botk of policie , which is registred in the register of the Kirk , & namely the heads controverted by the adversaries to discipline of the reformed Kirke within this realme , betwixt and the next synodall assemblies of the Provinces under the paine of Excommunication to bee executed against the none subscribers . & that the presbyteries which shall bee found remisse or negligtnt heerein shall bee rebuked publickely by the whole assembly , and to the end the said discipline be knowne as it ought to bee , by the whole brethren , it is ordained , that the Moderator of each Presbyterie shall receive frō the clerk of the assembly a copie of the said book under his subscription upō the expensses of the presbyterie , betwixt and the first daye of September next to come , under the paine to be accused openly in face of the whole Assembly . The same yeere 1590 the Confession of faith was again subscribed universally throghout the whole realme . It is cleare then what policie or discipline was then allowed & meant in the Confession of faith . In the Parliament holden anno 1592 it was ordained , that all presentations to benefices bee directed to particular presbyteries in time cōming with full power to give collation thereupon , & to put order to all matters and causes ecclesiasticall within their bounds , according to the discipline of the Kirke . Whensoever their was any meaning to erect that estate of Bishops , the Confession of faith was alledged in the contrare , as first in a dialogue writen anno 1585 by some learned and reverend Minister , and more at length anno 1606 , when their estate was restored by Parliament ; M. Andrew Melvill , M. Iames Melvill , and sundrie other Ministers commissioners from presbyteries subscribed that protestation , which is extant in print in that booke , which is entituled the Course of conformitie , and among the rest M. William Cowper , late Bishop of Galloway . M. Adam Ballendine now Bishop of Aberdene , and M. Iohn Aburnethie now Bishop of Cathnesse , who therefore are guiltie of that haynous crime , which the estates were desired to avoyde . In this Protestation the reverend brethren have these words following , Above all things , my Lords , beware to strive against God with an open & displayed banner , by building up againe the walls of Iericho , which the Lord hath not only cast downe , but also hath layd them under a terrible int●rdiction & execration , &c. But the Noblemen and Sates of this realme have the reverence of the oath of GOD made by themselves , and subscribed with their owne hands in the Confession of Faith , called the Kings Majesties Confession , published more than once or twise , and sworne by his most excellent Majestie , and by his highnesse Nobilitie , Estates , and whole Subjects of the realme , to hold them back from the setting up the dominion of Bishops . Because it is of veritie , that they subscrived and swore the said Confession , containing not only the maintenance of the true doctrine , but also of the discipline professed within the realme of Scotland . In the verification of the points offered to bee proved in the Protestation , they have these words in the 4. cap. But so it is , that the Bishoprie is one of the greatest errours and corruptions thereof , ( that is , of the adulterous Kirke of Rome ) and hath no arguments of Scripture , Fathers , Councells , nor reason , but the selfesame , that the Papists use . and in the 5 cap. we have these words . If so bee , that the setting up of Bishops will throw downe the discipline of our Kirke , or if that office hath any thing to doe with these corruptions of Papistrie and Antichristian hierarchie , the King our Soveraigne his most excellent Christian Majestie , and his Highnesse most ancient religious and noble estates of Parliament , if there were none other reaeson but this one ; would not for all the world fall under the danger of so horrible a perjurie against God to set up Bishops againe &c. But so it is , as all men knowe , the discipline and governement of the Kirk ▪ exercised by presbyteries and Bishops , are so farre opposed one to another , that when the one is set up , the other must downe of force . There fore the subscribers and swearers of the former Confession , if they should ( as God forbid ) goe about to set up Bishops and Episcopall governement , they could not eshew the cryme of horrible perjurie , execrable apostasie , and most cursed reparing of Iericho . The Reader may find more to this purpos● in the Protestation it selfe , & verification insert in the course of conformitie above mentioned . This much for Episcopacie , that it cannot consist with the Confession of Faith. That the five Articles are likewise abjured in the Confession of Faith is cleare , For in the Confession wee professe We abhore and detest all heads of Popery , as they were then damned and confuted by the Word of God , and kirk of Scotland his five bastard Sacraments , with all his rites and ceremonies and false doctrine added to the ministration of the true Sacraments , all his vaine allegories , rites , signes , and traditions brought in the Kirks , without , or against the word of God , and doctrine of this true reformed Kirk . But wee have already proved in sundrie printed bookes , that these five articles are traditions broght in the Kirk , without or against the word of God , and doctrine of this true reformed Kirk , that they have beene damned by our Kirk , that confirmation or Bishoping is one of the five bastard Sacraments , & privat baptisme importeth the absolute necessitie of baptisme , that kneeling is a rite and ceremonie added to the true ministration of the Sacraments without the word of God. And therefore for shortnesse wee referre the Reader to these printed treatises . For the present onely this much . M. Knox within a yeere after hee was exyled out of England , after the death of King Edward , in his admonition , directed to England , ranketh kneel●ng among the superstious orders , which prophane Christs true Religion . In a letter directed from Deep , anno 1559 to Mistresse Lock● hee calleth the crosse in baptisme & kneeling at the Lords table . Diobolte all inventions . In the first book of discipline hee and the rest of his fellowes contrivers of the booke , forbid celebration of the Communion at Easter , for the avoyding of the superstition of the time . The observation of Christmasse , cireumcision , epiphanie they judge ought to bee utterly abolished . that the obstinate maintainers , and teachers of such abominations as are there reckoned in the first head , of which observation of dayes is one , ought not to escape the punishment of the civill Magistrate . In the Parliamen● holden in the yeere 1567 , it was declared that whosoever refused to participat of the Sacraments , as they were then publickly ministred in this reformed Kirk were not true members of this Kirk . An act was likewise made corcerning the Kings oath to bee given at his Coronation to maintaine the due administration of the Sacraments then received , which was ratified in the Parliaments following anno 1581 and 1582. Againe , in the yeere 1572. it was ordained by act o● Parliament , that such as did not communicate and partake of the Sacraments , as they were then truely ministred , if they continue obstinate , shal be reputed infamous , unable to stand in judgement &c. The right administration of the Sacraments is set down in the first book of discipline , and the booke of common order prefixed to the Psalmes in me●ter , whereunto Ministers were referred by acts of the generall assemblies holden in the yeares 1562 and 1564. In the generall assembly holden at Edinburgh , anno 1566 the lattet confession of Helvetia was approved , but with speciall exception against the same five dayes , which are now urged upon us . In the assembly holden anno 1575. complaints were made against Ministers and readers because they assembled the people to prayer and preaching upon certaine festivall dayes . An article was formed to be presented to the Regent craving , that all dayes heeretofore keeped holy in time of Papistrie , beside the Lords day , bee abolished , and a civill punishment bee inflicted upon the observers . In the assembly holden in Aprile anno 1577 it was ordained , that the visitor with the advice of the synod shall admonish Ministers and readers , that read , preach , or minister the communion at Christmasse or Easter , or such superstitious times to desist under the paine of deprivation . King Iames in the assembly holden anno 1590 praised God that our Kirke was sincerer that Geneva it selfe , because they observed Christmasse and Easter without warrant , which our Kirk did not . In the booke of common order before the Psalmes it is said , that the Sacramenes are no● ordaind of God to be used in private orners , as charmers and sorcerers use to doe , but left to the Congregation , and necessarly annexed to Gods Word , and seales of the same . In the Assembly holden at Edinburgh in October , 1581 it was ordained , that the Sacraments be not ministred in private houses , but solemnely , according to the good order hitherto observed , under the paine of deposition from the function of the Ministerie . It is cleare then , that the five articles are contrare to the doctrine and practise of the Kirke of Scotland , and therefore abjured in the Confession of faith , It followeth then , that wee have made two breaches upon the Confession . and Covenant for maintaining the same , for which the LORD hath threatned us with moe novations , and alteration of the whole frame of our Religion . Had we not need then to renew our Covenant and promise to repare our breaches so farre as lyeth in us . As for antiquite , and other reformed Kirkes , their judgement corcerning the five articles , the writer of these late printed bookes whom you taxe , either alledge their authoritie against the same articles , or cleare their meaning , or answere with respect . No well reformed Kirk hath received kneeling or bishoping . Some observe holy dayes , but would be ridde of them . We may safely have fellowship with such Churches , if wee communicate not with their corruptions . As for the agreement betwixt the oath and Covenant about these things , with the 21 article in the Confessien extant in the acts of Parliament , wee can find no disagreement . The first booke of discipline in the head of the policie of the Kirk , distinguisheth betwixt thinges necessarie to bee observed in everie Kirk , and things variable to bee ordered by everie particulare Congregation . There everie particular Kirk is allowed to have a particular policie of their owne , without prejudice of the common and gene●all , as whether to conveene this or that daye of the weeke to the Sermon . or how many dayes . For the whic● and many like , there can bee no generall order set downe . That booke of discipline was penned by the same persons , who drew up the Confession . They meant never that the five articles , or the like superstitious rites and ceremonies were variable as appeareth by that which I have alreadie alledged . M. Knox who had a chiefe hand in that Confession maintained , after his first Sermon in publicke , in a convention of gray and black Friers at S. Andrewes , that the Kirke had no power to devise significant ceremonies . But these are properly called ceremonies , not politick constitutions for order and decencie . And the other Confession , which you call the negative , condemnes signes brought into the Kirk without or against the the word of God. Significant ceremonies beeing condemned , the crosse and the surplice or other superstitious apparell cannot bee received . You taxe the royall Mandat , if you alledge opposition betwixt the old Confession and the other , which you call the negative , but wee call the generall with a rejection of Popish errours as an appendicle . Before I come this length , I perceive your reasons for not authorizing or subscribing this Confession at this time have not beene applauded unto by his Majestie , and the Lords of secreet Counsell . What will you doe now ? will you stay your subscription till his Majestie subscribe , or will you joyne with the Covenanters , or will you subscribe with reservation , howsoever , if you will , The case is altered . You were unwilling before , but now I will not for the reasons containd in the Protestation made at the crosse of Edinburgh the 22 of September , where-unto I adhere . To the fourth Chapter . IN your former chapter , you seemed onely to except at our interpretations . But now you seeme to offend at the matter . For you saye , that in so farre as the matter of an oath is unlawfull or unlawfull , pl●asing or displeasing to GOD it ought to bee kept or broken , which is uncontroverted , but not to the purpose , unlesse you would insinuate , that there is some bad matter in the Confession . And so should it never have beene sworne to , or subscribed from the first houre notwithstanding of the royall mandat , or authorizing of it by the generall assembly . If you assume or apply , you should bee corrected before you bee confuted , first cast out , and then answered , by such as shall bee appointed . You exhort us not to judge hardly or uncharitablie one of another , nor breake the bond of peace and Christian brotherhood for diversitie of opinions among us for rites and ceremonies . Then you would have us to suffer the people to bee withdrawne by seducers from the simplicitie of the Gospell , and to admit Episcopacie which you seeme heere to ranke among rites and ceremonies . How can peace stand among men , when the glorie of God is not kept safe , sayeth Bernard epist. 126. Quomodo stabit pax hominum coram Deo , & cum Deo , si Deo apud homines non potest tuta esse sua gloria . FINIS . To fill vp this last sheet , I have heere subjoyned some Acts and constitutions of our Kirke , for the sitting of ruling Elders in the generall Assemblyes , Provineiall synods , and Presbyeeries , or as they are called in the book of Policie , the Common Elderships . IN the first booke of Discipline the office and power of Elders are described , where wee have these words , If hee , that is , the Minister , bee worthie of admonition , they , that is , the Elders , must admonish him , or correction , they must correct him , and if hee bee worthie of deposition , they with consent of the Kirk ▪ and Superintendent , maye depose him , so that his cryme deserve so . If they might do so with the Superintendent , they may doe as much with Ministers in a Presbyterie , which is come in the rowme of Superintendents . In the assembly holden in December anno 1562 it was ordained . that the Superintendent , give sufficient advertisement to the particular Kirks of the time and place appointed for the synodall convention , that the Minister with an Elder may repare to the place appointed . Power was granted to Superintendents in their synodall conventions , to translate Ministers from one Kirk to another , with consent of the most part of the Elders and Ministers . In the assembly holden in Iune anno 1563 it was ordaind that everie Superintendent cause warne the Shyres , towns and parish Kirks within his jurisdiction to send their commissioners to the generall Assembly . In the assembly holden anno 1568 in Iulie , when order was set downe to bee followed in choosing Commissioners with power to vote in the generall Assembly , it was ordainde that Ministers , and Commissioners of shyres shal be chosen at the Synodall convention of the diocie , with consent of the rest of the Ministers and Gentlemen , that shall conveene at the said synodall convention . In the generall assembly holden in Februar 1609 we find registrated , that the Superintendent of Angus & Merns Coomm●ssioner at that time for the shiresdomes of Aberdeene & Bamse , had deprived the Principall . Subprincipall , and some Regents in Aberdeene , with advice and consent of the Ministers , Elders and Commissioners present , which is , alledged before in the first Chapter . In the book of policie , or second booke of discipline agreed upon anno 1578 we have these conclusions . In the end of the sixth chapter . There , that is , the Elders , principall office is to hold assemblies with the Pastors and Doctors , who are also of their number for establishing of good order , and execution of discipline . In the 7 chapter . It is meete that some of the Elders bee chosen out of everie particular Congregation to concurre with the rest of their Brethren in the common Assembly , that is , the Presbyterie ▪ and to take up the delations of offences within their owne Kirks ▪ and bring them to this assembly . This wee gather out of the practise of the primitive Kirk where Elders or colledges of Seniors were constitute in Cities , and famous places . The Power of election of these who beare ecclesiasticall charges pertaineth to this kinde of assembly within their owne bounds , beeing well erected and constitute of many Pastours and Elders of sufficient abilitie . By the like reason , their deposition also pertaineth to this kind of Assembly , as of them that teach erronious and corrupt doctrine . that bee of slanderous life , and after admonition desist not , that bee given to schisme or rebellion against the Kirk , manifest blasphemie , symonie &c. Provinciall assemblyes wee call lawfull conventions of the Pastors , Doctors and other Elders of a province , gathered for the common affaires of the Kirkes thereof . The Nationall assembly , which is generall to us , is a lawful convention of the whole Kirkes of the realme , or nation wher it is used , or gathered for the common affaires of the Kirke & maye bee called the generall Eldership of the whole Kirkes within the Realme , In the leter sent by King Iames to Noblemen and Gentlemen anno 1581 for furtherance of the erection of presbyteries wee have these words . It is thought impossible to attaine to any formall order likely to have continuance to the posteritie over our whole realme , while the ancient bounds of the diocies bee dissolved , where the Parishes are thick together , and small be united , and where they be ever great , and of larger boundes be divided , and thereafter presbyteries or Elderships constitute for a dozen of parishes or thereabouts , some more , some fewer , as the commoditie of the countrie lyeth , wher the ministrie and Elders in these boundes conveening maye commodiously exerce discipline , and take order in the affaires of the Kirke , so far as shall be appointed , before the cognition bee brought to the synodall assembly . In the assembly holden at Sainct Andrewes in Aprile , 1582 in answere to some , concerning Elders wee have this answere . Concerning such Elders as verse not in the word their resort to the Presbyterie shall bee no farther urged strictly , than the weightinesse & occasion upō intimation and advertisement made by the Pastors and Doctors shall require , at which time they shall give their concurrence , yet such as may commodiously resort are to bee exhorted to bee present at all times . The Presbyterie or eldership of Edinburgh was erected upon the penult of May 1581. consisting of fifteen or sixtene Ministers of the Kirks adjacent within foure or five myles , and some Barons and Gentlemen elders out of everie Kirk for that effect . So the right of ruling Elders in presbyteries was put in practice at the first erection and constitution of Presbyteries , and none were constitute without them . This forme and order was a great eye-fore to M. Patrick Adamsone pretended Bishop of Saint Andrewes , as the Reader maye see in his Declaration set foorth under the Kings name , but falsely in these turbulent times anno 1584 and 1585. Where●unto an answere was made by such as were men of chiefe note in our Kirk , I insert here onely the answere following so far as concernes this point . As to the eight intention , it is accursed and proceedeth from the verie instinct of Satan , manifesting hims●lfe without cloak & colour . For there is damned . first the name of Presbyterie ▪ next the office bearers in the Presbyterie , and thirdly th●ir authoritie and jurisdiction : The assemblyes of Ministers and Gentlemen called by you a popular confusion ▪ is called in the Scriptures by Christ himself the Kirk and by the Apostle Paull , presbyterie or eldership , Elders that labour not in the word , but censuring manners , are called rulers and governours , to which office Gentlemen , and other qualified persons , who are not Ministers maye bee ca●led , This presbyterie conveened in the name and authoritie of the Lord Iesus , hath a spirituall power proceeding immediatly of God , and neither of Angell or man , to rule his Kirk , to reason , de liberate and conclude in matters ecclesiasticall , whose conclusions , resolutions and deliberations , are of such sort , that what they bind or loose on earth according to Gods word , is bound or loosed likewise in the heavens , and whosoever contemneth the authoritie thereof , should bee esteemed among the children of God , as an Ethnick or publican . The author of a learned Dialogue written likewise in these times reporteth , that the same usurping Prelate had approved this order by his owne hand writt . He protested himselfe before God afterward , when hee made his recantation , that hee was commanded by the Chancelour and Secretar for the time to set foorth the Declaration and promised , if God spared his life to write in defence of the forme and order of the Presbyteries established . In the Assembly holden in May 1586 , we have these conclusions , 1. It is found that all such as the scripture appointeth governours of the Kirke , to Wit , pastors , doctors & elders may conveene to the generall assembly and vote in ecclesiasticall matters , & all others that have any sute , or other things to propone to the assembly maye bee there present , to give in their sutes , propone things profitable for the Kirke , vnd heare reasoning , but shall not vote . 2. There are foure ordinarie office , bearers set downe to us by the scriptures , to wit Postors Doctors , Eiders and deacons , and that the name of Bishop ought not to bee taken , as it hath beene in time of Papistrie , but is common to all Pastours and Ministers . In the assembly holden in August 1590 it was ordained that all that did then beare , or were hereafter to beare office in the ministerie subscribe the heads of discipline set down in the booke of policie , under the paine of excommunication , speciallie to the heads controverted 2nd opposed by the adversaries to our discipline , and consequently to the constitution of presbyteries consisting of Ministers , and ruling Elders . I wonder that any should doubt of the meaning and practise of our Kirk , seeing they are not ignorant that Elders have place in sessions . or elderships of particular Kirks , & in generall assemblyes , the lowest and the highest judicatories , but that that they should likewise have place in presbiteries and provinciall Synods , seing presbyteries are made up by the particular elderships , and provinciall Synods by presbyteries . One minister maye governe like a Pope his parish without Elders , if fifteene or sixteene ministers may governe fifteene or sixteene parishes without them . The affaires of the Kirke , and matters of Religion are a common cause , which Ministers ought not to engrosse to themselves . Our Elders have not sit in prebyteries these many yeeres , not by law annulling or abrogating the former constitutions , but partly through their owne negligence , partly through the pride , or ill conscience of some ministers in some part , so that is fared with us , as with the Kirke of old , of which Ambrose complaineth writing on . 1 Tim. 5. Vnde & synagoga , & postea ecclesiae seniores habuit , quorum sine consilio nihil agebatur in ecclesia . Quod qua negligentia obsoleverit nescio , nisi forte Doctorum desidia ant magis superbia , dum soli volunt aliquid videri . FINIS , Notes, typically marginal, from the original text Notes for div A01039-e130 Icr. 3.11 . Notes for div A01039-e240 Contra Faust. l. 13 c. 15. Polan syn . lib. cap. 25 De Ieiunio . c. 4.