The banders disbanded, or, An accurat discourse solidly and plainly demonstrating how inconvenient, scandalous & sinfull it is, in the present circumstances of the Church of Scotland, for ministers of Christ there that they may obtain a pretended liberty to preach and administer the Sacraments ... to give bond to their present rulers, that they shall live peaceably ... and so discovering clearly the great unfaithfulness of the affirmative vote of the late meeting of ministers at Edinburgh (anno 1679), concerning the lawfullness of giving the bond then presented by the councill ... McWard, Robert, 1633?-1687. 1681 Approx. 179 KB of XML-encoded text transcribed from 28 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-01 (EEBO-TCP Phase 1). 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A51043) Transcribed from: (Early English Books Online ; image set 96183) Images scanned from microfilm: (Early English books, 1641-1700 ; 389:18) The banders disbanded, or, An accurat discourse solidly and plainly demonstrating how inconvenient, scandalous & sinfull it is, in the present circumstances of the Church of Scotland, for ministers of Christ there that they may obtain a pretended liberty to preach and administer the Sacraments ... to give bond to their present rulers, that they shall live peaceably ... and so discovering clearly the great unfaithfulness of the affirmative vote of the late meeting of ministers at Edinburgh (anno 1679), concerning the lawfullness of giving the bond then presented by the councill ... McWard, Robert, 1633?-1687. 53, [1] p. s.n.], [Edinburgh : 1681. Attributed to Robert MacWard. Cf. DNB; NUC pre-1956. Errata on p. [1] at end. Reproduction of original in Union Theological Seminary Library, New York. 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Keying and markup guidelines are available at the Text Creation Partnership web site . eng Church of Scotland. 2002-02 TCP Assigned for keying and markup 2002-03 SPi Global Keyed and coded from ProQuest page images 2002-04 TCP Staff (Oxford) Sampled and proofread 2002-04 Judith Siefring Text and markup reviewed and edited 2002-05 pfs Batch review (QC) and XML conversion The Banders disbanded Or AN ACCURAT DISCOURSE Solidly and plainly Demonstrating How Inconvenient , scandalous & sinfull it is , in the present Circumstances of the Church of Scotland , For Ministers of Christ there , that they may obtain a pretended Liberty to Preach and Administer the Sacraments , in such and such particular Paroches , To give Bond to their present Rulers , That they shall live peaceably : Or For others , in their name and behalf , to Bind to the said Rulers for their peace●ble living , & to present them when calle● so to do , & in case of faillzie to underly a great penalty : And so Discovering clearly the great unfaithfulness of The Affirmative Vote , of the late Meeting of Ministers at Edinburgh , ( Anno 1679. ) concerning the Lawfullness of giving the Bond then presented by the Councill : AS ALSO Occasionally holding forth many considerable Truths very necessary to be known & pondered in these dark & difficult Times . Printed Anno M. DC . LXXXI . A LETTER Concerning the Bond , tendered by the Councill of Scotland , to some Presbyterians there , in the Year 1679. SIR I Find now too certain what was reported , of that Meeting of Ministers at Edinburgh , their allowing by Vote the Peoples giving that Bond of surety for the Minister , required in the Proclamation , and have also got a double of the Bond it self . I hear the Meeting had severall communings and tampernigs , with the Members of the Councill , anent this busniess , by some of their number , whom they appointed to wait upon them from time to time for that purpose . What was the matter of their Communing , or to what end , I cannot well tell ; However when at last the Brethren , who were appointed , returned , the meeting after some sort of Conference among themselves upon the present Favour ( as they terme it ) granted by his Maj. bearing a liberty for Presbyterian Ministers to exercise their Ministry , did generally Conclude ( and that ere ever they had seen the Bond ) That they found no Reason why the People might not give security at this time for a Ministers peaceable behaviour . And upon an other day afterward , it is again Concluded as followeth : The meeting having considered the bond o● security as now presented by the Councill , find nothing therin to alter their former determination affirmativè . I hear there were severall and these of the most eminent who endeavoured to prevent this determination & were for the negative when ti ●ame to be voted . Sir , my charity toward many of these Brethern would scarce suffer me to beleeve , That ever they would have tabled such a question to be debated in so publick a Meeting , far less affirmatively determined it . But finding it now ( as I said ) too certain ; and this being the thing wherin you desire advice , I have the more fre●dom to return an answer , when I have first told you that the newes of these two Votes was so surprizing , that I was made a little to sit down as one astonied at the Report , yea & my grieved soul is so overprest , that I am in a strait whether to say any thing or be altogether silent , and what or how to express my self if I say any thing . Alas ! is it come to this in the Church of Scotland ? That so many wise men , and who by Office are seers to the Church , did see no reason why such a Bond might not be given to these who now require it , and that as a signe of the Churches subjection to that power which they have assumed over it ; yea & at such a juncture when the Cry of the Souls under the Altar , who were slain ●or the word of God & the Testimony which they held , was so much increased by reason of ●heir blood which these had recently shed . O! where is now that single eye wherwi●h our former Seers saw of old , who found valid & convincing Reasons for refusing bonds of far less import to the Cause & Churches prejudice ? O! where is the discerning of some of these same Reverend Brethren , who ha●e perceaved snares more covertly hid then now they are , when the snare is so openly spread i● the sight of the bird ? Did so many Brethren , conveened in a generall Meeting , find no Reason why such a Bond as this ought not to be given ? Was there no evill , nay , nor so much as the appearance of evill to be found in i● ? Was there no ground , nor so much as an occasion of offence in it ? Was there nothing in it , that might occasion a new breach ; and also widen & ●ender the former more incurable ? Was there nothing in it , that might be supposed would grieve the hearts of many of their dear Brethren , and many others dear to God ; the grieving of whom ought not to have been despised ? Could these Brethren suppose , that the passing such a Vote would indeed satisfy all the rest of the Non-conform Ministers & Church of Scotland ? or that their determination affirmativè would ( or ought ) also determine all the rest ? Was there nothing to be found , in yeelding to give this Bond , that might occasion both Ministers and Ministry ●o become yet more vile , and contemptible in the eyes of this evill generation ? Was there nothing in it of a dangerous preparative , of wreathing & continuing a yoke of bondage , upon the necks of Christs free Ambassadours , unto the generations to come ; & a bad copy to all other Magistrates to impose the like Bond , upon faithfull Ministers of the Gospell . Was there nothing to be found therin , that might prove a probable , yea unavoydable temptation to Ministers their being unfaithfull in delivering the whole of their Masters message , & declaring all the Counsell of God ? Was there nothing in it , to scarr & deterre , both Ministers & people ( or so much as to put them in some demurre ) from giving a Bond , upon such an account , as the like therof was scarce ever required , far less yeelded to by any Church or Church-men to this day ? Ah alas ! That ever the Ministers of Scotland should have been the first , that ever trode in this strange and unt●oden path ! Was there no hazard of confirming , & encouraging the Rulers , in all their iniquous Impositions of this nature ? Yea was ther nothing in it , that might at least be interpreted a direct condemning many Worthies , both Ministers & others , as being ignorant sc●uplers & preposterously zeallous for undergoing the outmost of sufferings , ere they would engage in the like bonds ? Ah! whither have we not caused o●r shame to go ? O! if it were possible to prevent or stop the spreading of this Report , for preventing what further disgrace is like to be cast upon al● the Ministers of Scotland ; for whoever hears of this will coun● all alike , seeing the thing was both publickly voted by a Meeting of Ministers , assuming to themselves the name of a Generall Assembly ; yea & of the Representative of the Church of Scotland . As also no publick dissent or Protestation entered against thesame . In the mean while I am not a litle refreshed by this , that it is not as you & I heard at first , That few Ministers in Scotland would be against that Vote ; for after tryall there will be found , I hope , rather few to approve therof , yea some of themselv● who then aggreed , do already wish that it had never been tabled in that Meeting . And before I proceed , I must tell you that severall wanted not their feares , that not a few of that Meeting , as it was then constitute , would be ready enouugh to declare themselves for such a Bond , whenever they should have occasion for that effect ; and there was too good ground for this , Considering 1. How we have provoked the Lord , by our former cedings & unfaithfulnes , to give us up to walk in connsells of our own . 2. How Ministers & their Ministry have been brought under so much subjection , to the Civill Magistrate already , by closing with & imbracing the two first Indulgences . 3. That so many Ministers in Scotland had laid themselves aside , from the publicke exercise of their Ministry declining & shifting to preach under the Crosse , these many years past . 4. What secret grudgings , emulations & whisperings , now & then vented by some , in sharp & bitter Invectives against their Brethren , for supplying the desolate parts of our Church , by transient visits , in this disturbed state ; being neither willing to labour themselves , or that others ( though upon their perill ) should supply their defect ; but rather with the Common Enemy despising & reproaching their persecuted Brethren , as dis-orderly walkers fosterers of the people in an ignorant zeall , leaders of them into separation & fomenters of division ; and too often decrying , extenuating & undervaluing all the glorious & signall appearances of the power of God , at these meetings , & the singular blessed effects , wich were produced by the right arme of the Lord in the Ministry of their Brethren , who were despised in the eyes of the world , & too much also in theirs . 5. How these generall Meetings were called together since the late doolfull & sorrowfull dispensation , which was at first by a few , and these such as had litle concerned themselves in the desolations of the Church , during the time of the bypast persecution , till the late Proclamation for this new liberty or Indulgence . 6. How the leaven of the two first Indulgences hath wrought till it had neer leavened our whole lump , that severall who profest once to be clear & peremptory against it , & some who then had the offer , and refused to accept , of late were become favourers of & pleaders for it . 7. What eager longing too many had after some new Indulgence , as hath been manifest from the expressions & carriage of some , which did clearly shew their readines to imbrace the first offer that might come in their way . Lastly if we consider the Constitution of the late meeting who past this Vote , That it was for the most part made up of Indulged , avowed Applauders of the Indulgence , or under-hand Approvers & favourers of the same : yea and some of them vigorous Contenders for these old publick Resolutions , which was a signall step of the Church of Scotlands declining , and who were active persecuters of their dissenting Brethren at the time of that temptation . I say an impartial Reflexion upon these & the like Considerations may make it seem lesse strange , that such a Vote did so easily passe at that Meeting . But seing you desire to have an account of my Thoughts anent this new Liberty , & the method prescrived to Ministers for entering to Congregations by petitioning the Council & giving this Bond of surety , And whither the people may concurre in calling Ministers who will enter this way , I dare not shun to communicat what light I have therin , though most unfit of many , and as averse as any from entering into a Contest wherin I am necessitat to differ from so many Reverend Brethren , whom I highly honour in the Lord , & who have deservedly been esteemed in the Church ; yet I cannot but bear my Testimony against what sin & snare I see in this , as I would not partake of other mens sin ; And shall in obedience to your Desire ( if it may be of any use for futher information to yow or others who are carefull to keep themselves from the Contagion of this current Defection ) speak alitle to this sad subject , and hold forth what Reasons do at present occurr to me against the giving or allowing to give that Bond for Ministers to obtain this new Indulgence : And in order thereto , I shall propose this method ; 1. I shall lay down some Generalls previously to be considered ; 2. a word to the Liberty granted to Ministers by the Civill Magistra● . 3. Some things by way Explication of the Bond. 4. Propose the state of the Question , & draw forth some Reasons for the negative . 5. Answer briefly to some Objections . And lastly for obviating Mistakes , I shall point at some of our Principles anent the Civill Government . As to the First , I shall touch only upon such generall Considerations as are most conducible to my present scope of arguing against giving this Bond in the present Case . And 1. Let us reflect upon some Positions of the Reformed Government of our Church called Presbyterian , as : ( 1 ) This Government is not of a temporall or Civill nature , but purely spirituall , and to be exercised modo spiri●uali ; and consequently , ( 2 ) It is a Government specifically distinct from & independent upon the Civill Government , and neither to be confounded therewith nor subordinat thereto , either in the power or exercise of the power . ( 3 ) This Government is not Monarchicall , save only in the Head Christ ; Not Hierarchicall , or prelaticall ; not Democraticall ; not Magistraticall , nor Magisterial ; but Ministeriall , & to be exercised in an immediate subordination to Christ as sole Head , King & supreame Governour of the Church & Instituter of this Government . ( 4 ) That this Government of the Church is to be exercised by a plurality of Compresbyters , or as wee use to say Communi consilio & consensu Presbyterorum , not by any single person ( it is ●iven Unitati non uni ) nor at all by the Civill Magistrat . ( 5 ) That the tryall & judging of the Qualifications & fittedness of men for the Ministry , as also the power of Conveying a Licence to Preach , or the potestative Mission to the Ministeriall function ( being acts of Ecclesiastick order and Jurisdiction ) belong only to Church Officers in their Classicall or Synodicall Meetings . ( 6 ) As the tryall & judgin● of a Persons sittedness for the Ministry in generall , so the tryall & judging of Ministers Qualifications & sittedness for the exercise of their Ministry , to the best edification , in such or such a particular Charge or Congregation belongeth only to these Church-Officers . And therefore ( 7 ) the power of transplanting or loosing Ministers from one particular Charge & fixing them in another , is proper only to Church-Officers as an intrinsick act of the power . ( 8 ) As the power or office of the Ministry is given authoritatively from ●esus Christ alone , who ascended on high and gave gifts to men , & this great gift of the Ministry unto the Church , to be conveyed by the Presbytery ; so by the same Conveyance , he gives them the exercise & liberty to the exercise of the Ministry , ( for it is frivolous in this case to distinguish between the Exercise & Liberty to the exercise , at least as to their Rise and Conveyance , as some doe ) and therefore neither the office , nor the exercise of the Office , nor liberty of the exercise therof dependeth upon , and so are not subordinat to , nor to be begged from the Civill Magistrat . ( 9 ) That the Magistrat hath not a power or right to prescribe to , or impose upon Ministers ( who are the Ambassadours only of Christ ) Instructions , Rules , Restrictions or limitations , to regulate them in the exercise of their Ministry , especially when these Impositions proceed only from , & are founded upon the Magistrats assumed power & supremacy in Church-matters , & have no other ground or reason wherupon they can challenge Ministers their obedience & subjection thereto . And therefore ( 10 ) That Ministers are not accountable to the Civill Magistrate in the exercise of their ministeriall function , or in the administration of affaires purely spirituall & ecclesiastick , formally and primâ instantiâ . A II. Generall consideration we may reflect upon , is : The supervenient Engagements & Obligations to God which ly & specially upon us of the Church of Scotland , by our solemnly sworn Covenants , for the maintenance & defence of this Presbyterian Government , & the rest of the work of Reformation in all the principles therof ; And , that we shall without respect of Per●ons endeavour the extirpation of Popery , Prelacy &c. and whatsoever is contrary to ●ound doctrine & the power of Godlines ; And that we shall assist & de●end all these that enter in to this Covenant , in the maintaining & persuing therof , and shall not suffer ourselves directly nor indirectly , by what soever Combination , perswasion or terror , to be divided or withdrawn from this blessed Union ; but shall all the dayes of our li●e zeallously & constantly continue therin , against all opposition ; & promote the same according to our power against all letts & impediments whatsoever ; and what we are no able our selves to suppresse or overcome , we shall reveall & make known , that it may be timely prevented or removed : &c. All which we shall do as in the sight of God. Which Covenant hath frequently been renewed in this Church , and the breach therof often publickly acknowledged , and we solemnly engaged again to the duties therin contained ; as may be seen particularly in that Paper called A solemne Acknowledgment of sins & Engagment to duties , wherin we are expressely engaged , amongst other Errors , against Schisme , Scepticisme & Erastianisme . A III. Generall to be Considered , is : The manifold Encroachments , Invasions & Usurpations made by the Civill Magistrat upon the Royall prerogatives of Christ , the Intrinsick previledges of his Church & the just freedom of his Ambassadours , by many iniquous Lawes , Acts & Edicts , especially of late , together with all their vigorous endeavours by open force & subtile Insinuations , to putt these lawes in execution , and to advance this designe of bringing the whole Ordinances of Christ , & Officers of his House in subordination unto , & under the Check , Censure & Regulation of the Civill Magistrat , and so put themselves in actuall possession of what is assumed and settled by law . Many Instances of their endeavours to this effect might here be given , especialy these late years by past ; and of their too successfull prevailling by Church-mens ceding thereto , wherof I shall for present only give these following : the First relating to the Prelates● as ( 1 ) their altering of the Church-Government from what it was by Christ's Institution & the practice of the pure primitive times into a Government of Humane Invent●on & Lordly domination over the Lords Inheritance contrary to the word of God. ( 2 ) The Prelats were sett up & established , & the power of Ordination is conveyed unto them from the King , as having right by his Royall Office to all the externall Government of the Church . ( 3 ) The Kings giving them their Pa●ents impowering them to exercise that pretended Church-Office , making them accountable in all their Ecclesiastick Administrations to himself as supreme Governour of the Church . A Second Instance we have in reference to Presbyterian Ministers , as : ( 1 ) Turning them out of their particular Charges for not taking Presentation from the Patron & Collation from the Prelates : and for this Cause by Act of Parliament declaring their Churches to be ipso jure vacant . ( 2 ) Discharging them absolutely to exercise any part of their Ministeriall function within this Church . ( 3 ) Raising & dissipating all their Church-Iudicatories of Presbytries Synods & Gen. As●emblies . ( 4 ) In the matter of the two Late Indulgences to Presbyterian Ministers , wher●in we may take notice of severall grievous encroachments upon Christs prerogative & his Churches priviledges , as : ( 1 ) , this Indulgence is granted and deduced from the Kings supremacy in Church-affaires , & conveyed by the Councill ; as is clear from his Maj. Letter to the Councill wherupon the Indulgence is founded , and as the Narrative of the Warants given to the first Indulged , doe bear in these words , In pursuance of his Maj. Commands signified by his Letter of the 7 of Iune 1669 , &c. ( 2. ) The King by his Conncill doth nominat & elect according to his soveraign pleasure certain of the outed Ministers , as were judged by them most fitted & qualified , to be appointed , or readmitted to the exercise of their Ministry , and by that same power & pleasure excluding or passing by the rest as unworthy and unqualified for receiving that power or warrant , interdicting them any exercise therof under all highest pain . ( 3 ) By this Indulgence he fixes or admitts them to exercise the function of their Ministry in what particular flock & paroch he pleaseth to assign● , though under the notion of a Confinement . ( 4 ) He restricts them in the exercise of their Ministry to these particular Paroches , inhibiting them to preach else where in the Church . ( 5 ) With these Restrictions he gives them also severall Canons or Rules , to regulate & direct them in exercising their Ministeriall office . ( 6 ) All this is done without either advice or consent of the Church , or any of her Lawfull Officers , but at his Maj. sole pleasure as supreme in all Causes . ( 7 ) The Indulged Ministers have been frequently called & conveened before the Councill , to give an account , How they had observed these Injunctions which they had received from them , & severely rebuked , yea & some of them sentenced , by being silenced & deposed for alleadged disobedience to , or non-observance of the same ; And this is done according to the tenor of the foresaid Letter , as in these words To turn them immediatly out in case &c. A Third Instance we have in all these severe acts & cruell Executions following therupon , against many other Ministers , for presuming to exercise their Ministry ( though in a case of so urgent necessity , & upon so earnest Calls of the People ) without that licence or warrant which was granted to the Indulged . A IV. Generall previously to be considered , is : The faithfull , zealous , laborious & constant wrestlings & contendings , by manifold Testimonies , Protestations , Declarations &c. of our faithfull & worthy Predecessors , in defence of their foresaid Principles of Presb. Government , and their peremptory withstanding any thing which they perceived might in the least tend to bring the Government or Ministry under a subordination or accountablenes to the Civill Magistrat , faithfully & couragiously witnessing their resentment of any attempts tending that way , by their frequent dissentings & protestations against any acts or Conclusions insinuating such Attempts in Corrupt Assemblies , & against the very Constitution of some of them upon that account ; & by their frequent presenting of Grievances to ●he King● Councill & Parliament , yea & somtimes entering Protestation at the Cross of Edinburgh against proclamations declaring the King to be supreme Iudge in Church-matters , & that none should appeall from him & his Councill . Many such Instances may be produced : Neither have we wanted witnesses in our own time , both at the breaking up of the last Reformation from Prelacy , and also since the late Revolution & overturning of the work of Reformation , who have protested & given testimony against all such encroachments & usurpations : And though alas ! we cannot produce any joynt Testimony under our hands , against all the horrid Invasions made upon our Royall Masters prerogative & his Churches Righ●s , since the last overturning ; yet some have adventured to witness practically & pa●icularly against these usurpations & testified their maintaining of their Ministeriall freedom , who with blessed success under manifold hazards & hardships , have often ventured upon the publick exercise of their Ministry both in houses & fields , contrary to all these Law-Interdictions , without any licences or Indulgences from the Civill Magistrat , or coming under bonds to him ; not out of any contempt o● his authoritie , but meerly out of the conscience they had o● an indispensable duty , That they might make full proof of their Ministry , in such a crying necessity of the Church , and that thereby they might also witness they held their Ministry from Jesus Christ alone their only Lord & Master , and their dependence only on him , both as to their office , ex●rcise of the office , & liberty to the exercise therof . Thus having laid down these few Considerations , to be reflected on ; it would seem to me , that any who would be at pains duly to ponder the same , needed no further argument to make the very name & notion of whatsoever Bond of surety required b● the present Rulers ( & tha● as a Condition of admitting Ministers unto the exe●cise of their Ministry ) most odious & detestable at the first view ; and ye● mo●e odious , to engage in such a Bond as is now required ; & most of all , ●h●t the giving of such a Bond should be decided & decla●ed by a publick vote of M●●isters to be lawfull & warantable . But now a word to the liberty . As for Liberty i● generall , which Ministers have granted unto them by the Civill Magistra●●or the exercise of their Ministry , it may be considered either abstractly in it's own nature , o● relatively . 1. Abstractly or absolut●ly , it may be taken either positively o● negatively . Positively I understand i● , whereby the ●ivill Magistrat ( by vertue of his Magistraticall authori●y ) doth C●mmand & al●ow all the Ministers within his Dominions freely to exercise their Mi●istry according to the word of God , for the edifica●ion of his subjects . Negatively as it is a bare permission , or rather a not-hinde●ing of Ministers to exercise their Ministry . 2. This liberty may be considered relatively ; And that 1. as it relates to the lawes made against it . 2. To the Magistrat who grants it . 3. To the persons of the Ministers who accept it . 4. To the places of their Ministry . 5. To the Ministery it self , And 6. as it relates to this present Bond. 1. Then , as this liberty relates to the lawes made against it , it may be considered in a threefold sense : ( 1 ) as it is the totall removing & taking off of a Lawrestraint , that is , a rescinding & quite annulling such lawes & Edicts as are made in prejudice of it . ( 2 ) As it is only a suspending of the Execution of these Lawes ( which is indeed a removall of the legall restraint pro tempore ) and that during the pleasure of the lawgiver . ( 3 ) As it is simply a not executing of these lawes , which may be either out of neg●igence or Connivence ; for instance the liberty which many Ministers have had ( or rather taken ) to preach since this ●ate Indulgence , and yet have not given up their names to the Councill , nor found Surety according to the Proclamation : which three sorts of liberty may & ought ( in so far as it is a liberty ) to be embraced & emproved by any Minister of the Gospell . 2. This libe●ty may be considered with respect to the Magistrat who grants it , who ( 1 ) may either be an open & avowed Enemy to the work & people of God , or a profest friend thereto ; If ane avowed Enemy , then the liberty granted is the more to be suspect , but cannot upon that only account be rejected , if in itself sinless : Or ( 2 ) may either have a good & honest design in granting such a liberty , or a wicked design therin : If an honest design , then the Minister to whom it is granted , ought to be so far from refusing the same , that the Granters good design ( though the Granter otherwise be but corrupt ) should rather be a motive to him to accept of it , the liberty being in it self lawfull . But if the Granter have a bad design & prejudicall to the Gospell in tendering this liberty , then either this wicked design is made known to the Accepter ( whether the granter discover the same by his words , or declare it by his practice ) or it is not : If the former , then either the effectuating of that evill design hath a necessary & inseparable Connexion with the accepting of the liberty , or the evill designe therof is such as may be prevented or removed by the Accepters : If the former , then I cannot see how such a liberty can without sin be embraced or bargained for , though otherwise never so warantable , and a protestation in this case would be but contraria facto : If the latter , then I conceive that the Accepter's protestation against that evill design , together with a practicall endeavour to defeat it , might in such a Case be a sufficient salvo to the Accepter's Conscience , the liberty being othewise lawfull . But if this wicked design of the Magistrat ( the Imposer ) be hid & latent to the Accepter , then I see not how he can refuse a liberty ( otherwise sinless ) upon this only account , That the Magistrat who grants it is suspected to have some evill design in granting it , when no such design is made apparent ; for in such a Case I suppose it sufficient , that the Accepter endeavour what in him lyes to obviat & dissappoint whatsoever wicked design can be pretended or supposed , & particularly that which the Granrer is suspected to have in granting it . 3. As this liberty relates to the Persons of the Ministers , it may be Considered either as it is extended to all without exception , or as it is denyed to some : If it be denyed to some ( as in our case it is to many ) and these too who have been most faithfull , usefull & successefull in the work of the Ministry in the Church , and upon which very account they are deprived of it , because they have been such ; then I humbly apprehend that the tampering for , or accepting of it wold be an active concurring with the wicked design of the Excepters , in debarring such usefull Instruments ( though never so few in themselves , or despicable in the eyes of others ) from the free exercise of their Ministry to the manifest detriment of the Gospell , & consequently sinfull : an active concurring I say , because an active consenting to a bargain made up of such sinfull Conditions , whereof this is one That so many Eminent Ministers must be debar●ed from the foresaid Liberty ; and it is to be judged an active consenting , in so far as the termes & conditions are accepted , the bargain actually complyed with & acquiesced in by the Accepter , without any Protestation against the depriving of others of this liberty , & the evill design thereby intended ( which yet wold seem to be but a Protestation contradicting the practice , 1. Because all these sinfull Conditions & Restrictions are inseparably interwoven with the liberty granted in the Proclamation , unto which the Bond must be conform . 2. Because ther is no obtaining of this present Liberty , but as it is tendered by the Councill , that is , as it is complex of all these sinfull Restrictions , of which the forementioned is one ) for in this case he is to be holden a Consenter that is not a Contradicter , as is clear from the like Numb . 30 : 14. Where the Husband confirmes his wise's vowes by holding his peace , or not contradicting and protesting against them . If this Liberty be extended to all the Ministers alike , then let it be considered 4. As it relates to Places ; and thus it is either extended to all & every place within the Magistrats Dominions , or it is restricted to some only : If to some only , then it is clear that it ought upon ●his very account to be refused , in as much as the good of the whole , though attended with some externall hazard & Inconveniences ( as in our cafe ) is alwayes to be preferred to the good of a part only , which may be obtained without that hazard or inconvenience . If extended to all places alike , then it is either with a confinment of evry Minister to a particular parishonall charge , or it is without such a Confinement ; If with this confinement , then it is sinfull to accept of it , & that for two Reasons chiefly : ( 1 ) Because although all the faithfull Ministers in Scotland ( & Licentiates too ) were every one of them fixed & restricted to a paroch , I suppose that notwithstanding therof , many paroches should be vacant of such pastors . ( 2 ) Because thereby Ministers would be utterly debarred from the exercise of Church-discipline by Presbyteries & Synods , as also incapacitat for ordaining a succeeding Ministry . If this liberty be extended to all places without any such Confinement , Then 5. If we Consider this liberty with refere●ce to the Ministry it self , It is either granted with some sinfull Impositions ( and tha● either as to Doctrine or Discipline ) or it is not : If the former , then such a Liberty cannot be accepted without sin especially when these sinfull Impositions do immediatly concerne & qualify the doctrine of the Ministry , as in our case . 6. This liberty ma● be considered as it relates to the present Bond the giving of which is the very Condition of obtaining the same : And thus we are to look upon it as a Complex busines i. e. as it is complicat with all these evills and Inconveniences that are either exprest or implyed in the Bond it self & the proclamation wheron it is founded & to which it is said to be conforme ; and so it must be most sinfull to embrace the same , as shall afterward be made out . And whether a Liberty in this last sense ought not more properly to be termed a slavery , & bondage then true Liberty , let the un-prejudicat determine from what hath been already , & shall afterward be said . I come now to speak of this particular Bond for Ministers which is required by the Councill , and allowed & voted to be lawfull by the late Convocation of Ministers . ( But by the way I cannot pass , how that it hath been by severall observed ( not without Reason ) That the Imposers of these Bonds do scarse let one year pass without imposing some engagments or other upon the presbyterians , somtimes they are more obviously gross , sometimes more seemingly smooth , sometimes they are tendered more generally thorow the Kingdom , sometimes imposed upon particular shires ; And all this is carried on sometimes by Craft & cunning , sometimes by force & Cruelty : Doubtless it is not the least part of their design , hereby to make Oaths & Bonds become a triviall & common thing , & by frequent renewing of them to make the presbyterians , men of as capacious Consciences as themselves ; And it is sadly to be feared , or rather regrated , that they have gained too much of this design allready ) And lest ther may arise any mistake about the termes therof or that it should be represented either to the better or to the worse , I have thought fitt to give you here the just & genuine double of it , which is as followeth . We — for as much as upon an humble petition given in to his Maj. Privy Councill by — they have granted to them — to preach and administer the Sacraments in the Paroch , of — conform to his Maj. Proclamation of the 29. of June last ; and a Line under his Royall hand upon the 11 of July last Upon their giving Caution to the effect underwritten That is to say Wee — bind & oblige us conjunctly & severally our Heirs & successors that the said — shall live peaceably . And in order thereto we bind & oblige us to present him before his Majesties Privy Councill when we shall be called so to do And in case of failzy in not presenting him we shall be lyable to the summe of six thousand merks . There are other Copies also of this Bond , which in stead of the terme granted ( that is here used in this copy ) some of them have allowed , some given Licence ; and withall they make mention of the Proclamation as gracious , which how truely it may be termed so , may justly be doubted , if there be any truth in the received maxime , That Bonum oritur ex integra Causa malum vero ex minimo quoque defectu . But seeing this which I have here inserted is the just double of that which was presented to the Ministers at the foresaid late Assembling , and upon which the Vote did pass I shall hold my self by it . This Bond may be taken up in these two 1. The Narrative , 2. The Obligatory part . In the Narrative are mentioned 1. an humble petition given in to the Councill by the parishoners for such a Minister as they have called to such a paroch . 2. The Councill's Granting of the said petition , which Grant consists of these five . ( 1. ) they grant the Minister . ( 2. ) to preach & administer the Sacraments . ( 3. ) in such a particular paroch . ( 4 ) conforme to his Majesty's proclamation & Letter . ( 5 ) upon their finding of Caution , &c. As for the Petition , it seemes chiefly to import 1. That the people's calling of the Minister , their petitioning of the Presbytery , & their obtaining him from them , is hereby counted insufficient for his being admitted to the exercise of his Ministry , untill the Magistrate first be supplicated for it , & his Consent obtained thereto ; And therefore . 2. That the way they took forme●ly to invite & call Ministers ( at least since Ministers were outed ) hath been irregular & dis-orderly . 3. That they ought not henceforth ( seeing they look upon this new mode of calling Ministers as their present duty ) so long as matters continue thus ci●cu●stan●ia● To receive or permit such Ministers to exercise their Ministry among them as doe not enter by this De novo damus . As to the 2. Part of the Narrative which is the Councills granting the petition , whereby I. They grant such a Minister , it imports ( 1 ) That Granting or authoritative giving of Minis●ers to the Church , & investing them with power to exercise their Ministerial office , doth not belong properly primarly & solely to Christ as being the alone Head of the Church , nor to a Church-Iudicatory in subordination to him , nor to be conveyed to the Ministers in an Ecclesiastick way , But must immediatly be conveyed to him from the Civill Magistrat , & that in a Civil way . ( 2 ) That it supposeth , yea and giveth to the granter an au●hori●ative & definitive power to cognosce upon , judge & determine , & that primâ instantiâ who are worthy & qualified , & who unqualified for being admitted to the exercise of the Ministery . ( 3 ) It yeelde●h to the Civill Magistrat a power both Accumula●ive and p●ivative in matters purely Ecclesiastick , viz. a power ●o grant or not to grant ( as he pleaseth ) such Ministers a Licence to exercise their Ministry , as are bo●h qualified for , and also already ordained in that Function . II. To preach & administer the Sacraments : which yeelds to the Magistrat ( beside what we have observed in the former ) a power to separate & divide the Essentiall parts of the Ministeriall function , & enjoyn the Ministers so to doe ; for by the Proclamation and Councill's act , the Ministers who accept of this Indulgence , have Licence only to preach & administer the Sacraments , so that what they wold seem liberally to give with the one hand , they sacrilegiously robb with the other . III. In the paroch of &c. which supposes ( 1 ) That the Minister hath no power nor legall right to exercise his Ministry save in that particular Congregation to which he is assigned by the Councill . ( 2 ) That the Magistrat ha●h power to dissolve and annihilate the old ●y & relation betwixt Pastor & Flock , & to make up a new one at his pleasure ; and conseq . ( 3 ) Th●t the power of fixing , planting & transplanting of Ministers is not the proper & inherent Right of Church-Iudicatories . IV. Conforme to his Maj. Proclamation &c. Whence it is manifest That as the Councill's Grant or Licence , so the Parishoners petition , the Cautioners bonding for the Minister , as also the Ministers accepting of the Liberty therupon must be conforme to , and so a complying with & acquiescing in all these evills ( in so far as the termes are thus proposed by the Granter , & without any reluctancy , or Protestation , accepted by the Receiver ) that are inseparably connected with the said proclamation , such as : ( 1 ) The many bitter invectives against field Meetings in the Narrative therof , and a positive Condemning all such as Rendezvouzes of Rebellion &c. ( 2 ) Ane absolute Interdicting of any such Meetings for the future under highest pain . ( 3 ) Restricting the faithfull Ministry of Scotland to the south side of Tay only , excluding many other places also within the said bounds from this liberty . ( 4 ) Excluding all these Ministers who are suspected by the Councill to have been at the late Rising in armes . ( 5 ) All these also who shall afterward be admitted by non-conforme Ministers . ( 6 ) No liberty granted for the exercise of Church-discipline , or ordaining others to the work of the Ministry &c. V. Upon finding caution &c. Where observe ( 1 ) That the Councill looks upon the Ministers as persons so naughty or infamous , that they are not worthy to transact with in this affair , at least immediatly & in their own Persons , but they must have others of more credit & Respect to represent them , undertake for them , & make up the bargain in their name & favours . ( 2 ) That the Ministers are men of so pernicious & profligat principles , That they will make no C●nscience to performe their duty to their superiours ( such as peaceable living is acknowledged to be both by the Giver & Receiver of this Liberty ) unless they be either allured thereto , partly by the benefice of a set stipend from the paroch , partly by the promise of externall peace & protection from the Councill ; or else overawed thereto , either by the ●e●ror of the Councill , or ●ear of hazarding the Cautioners paying the penalty . In the Obligatory part of this Bond , I find the Cautioner is obliged to four things in reference to the Minister : 1. That he shall live peaceably : 2. In order thereto , he shall present him to the Councill when called so to do : 3. In case he failzie , he shall be lyable to 6000 Merks : And 4. he obliges ( with himself ) his Heirs & successors to all these . In all which we may observe this in generall , That there is here not only a reall or virtuall , but a formall , yea explicit Compact or Transaction between the Magistrat on the one hand , & the Minister & his Cautioner on the other ; each of the two Parties to performe something to the other , but with this difference , that what the Magistrat is to perform , he pretends to do it out of mere condescendence or indulgence to the other party ; and therefore challengeth to have the termes of the bargain in his own framing & proposing ; wheras the Minister & his Cautioner being subjects to the Magistrat , are presumed to performe their part as a duty , which they owe to their Magistrat , and are bound by the word of God to perfo●me antecedaneously to this , or any other supervenient bonds of this nature : The Magistrat on his part , grants to the Minister a liberty or licence to preach , and that upo● such & such Conditions as himself is pleased to propose ; the Minister again on his part ( or the Cautioner ●or him ) engages to fulfill these conditio●s : And so the bargain is aggreed upon & concluded by them both , & a Record therof taken , & put up in the councill books to be keept ad futuram rei memoriam . The First thing then that the Cautioner is obliged to by this Bond , is , That the Minister shall live peaceably , or ( as it is exprest in the proclamation to which the Bond is said to be conforme ) That he shall not preach Rebellion , schism nor Heresy . Now though the te●mes seem very smooth & plausible , and if some ought to be beleeved , are so plain , obvious & unquestionable , that they can hardly be lyable to mistake , or exponed in a sinistrous sense ; yet after a litle inquiry it will appear that they are most ambiguous , & co●sequen●ly fallacious when so generally & indefinitly proposed ( as in this Bond : ) for peace or peaceable living may be considered either , ( 1 ) In it's nature and quality : and thus it is many wayes distinguishable , as : Peaceable living in a naturall or Morall sense ; Civill or Ecclesiastick ; Spirituall or Carnall &c. And so according to every particular state or condition that a man can be in , may peaceable living be distinguished . Or 2. As it relates to it's Objects , which may be either ( 1 ) Persons , as God , Angels , men , devills , superiors , Inferiors , Equalls● saints , sinners , ourselves or others &c. Or ( 2 ) Actions : Or ( 3 ) Things ; and both , either good or ill ; all which to number were infinite . Or 3. it may be Considered with reference to it's Rule , which may be either the Word of God● Light of Nature , Laws of the Land , prescript of Reason , pleasure of the Rulers , Common Custome &c. Or 4. With respect to it's Circumstances of Time , place , persons &c. Or 5 With reference to it's native Consequents or Concomitants , which may be either in generall the edification of the Church & Propagation of the Gospell , or the prejudice & dis-advantage of both ; or in particular , may be either the Confirming of the Godly , Convincing & reclaiming of the wicked , or the grieving & offending of the ●odly , & hardening of the wicked &c. Or 6. In al● or any of these Respects it may be either Universall & Absolute , or Restricted & definite ; And accordingly either lawfull or sinfull . I shall not at present insist to make a particular application of these , or the like distinctions to our present case , but this only in short , that peacea●le living ought to be considered with respect to the whole Complex state of affairs wherin it is required . However in generall Peaceable living imports in it something Positive , & something Negative : Posi●ively , it may be described thus ; submissively to acquiesce in , & rest satisf●ed with that ( whether it be persons , courses or things &c ) about which it is to be exercised . Negatively , it imports this , no ways to contend with , oppose or testify dislike , or abhorrence at that or these Persons , Courses , things &c. about which it is to be exercised . And now as to our present Case , let us enquire what sort of peaceable living it is which is required in this Bond ? 1. It must either be Generall & indefinite , and so abstracted from all , & restricted to no particular & determinat sense . Or 2. it must be Universall & Absolute , & so comprehensive of all & every sense that the termes are capable of . Or 3. It must be understood in some particular , determinat & limited sense . The first it cannot be , Because To live praceably is here enjoyned in such a sense , as therin it is possible to give obedience ; but it is altogether impossible to live peaceably abstractly from , & without having a respect to some particular sense or other ; Therefore to live peaceably is not enjoyned by the Councill in such a generall , indefinit & metaphysicall sense as excludes all & every particular sense . If the 2. then , besides that it is sinfull to engage in such a Bond ( as afterward is proven Arg. 4. of the 1 Head ) it is ridiculous & absurd to enjoyn peaceable living in such a sense , and as absurd to engage thereto in that sense ; Because the termes thus taken are capable of , & lyable to senses , both contrary to , & utterly inconsistent with one another . But 3. If this peaceable living be enjoyned in some particular , determinat & limited sense ( as it must needs be , if it be not nonsense ) then our next enquiry is to know what is that particular & determinat sense of the Councill or Imposer : and this we may easily know by their sense of Rebellion , Schism & Heresy ( for the termes are equivalent , viz. not to preach Rebellion , Schisme nor Heresy , as in the Proclamation , and to live peaceably , as is exprest in the Bond ; this being a compendious positive of the other negative ) which they have a●lways declared , both by their publick Acts & Proclamations , and also by the whole series of their procedour against the Presbyterians , to be such as thereby they directly condemne many points to be Rebellion , Schism & Heresy which the Pres●yterians hold to be necessary Duty , & sound doctrine , such as these : 1 To preach the iniquity of the Parliaments Declaration & other the like Bonds imposed upon Presbyterians , or to assert the perpetuall obligation of the Covenant , & the breach therof to be perjury in the highest degree both against God & man. 2. That we are bound every one of us in our capacity & station to adhere to , & defend all the Articles & heads of these Covenants . 3. To assert the divine right of Presb. Government , & the unlawfullnes of prelaticall & Erastian . 4. That the prelats & their Curats are manifest Intruders , & tyrannically obtruded upon other faithfull men's labours without the Churches advice or Consent . 5. That it is lawfull & a necessary duty for outed Ministers to continue in the exercise of their Ministry , and that it is the peoples duty to hear & own them for their only lawfull pastors , and that notwithstanding of all the Law-Interdictions to the contrary . 6. That Jesus Christ is the alone Head & absolutely supreme Governour over the Church in all causes spirituall & Ecclesiastick● and that it is an high Usurpation and insolent Invasion upon his Royall Prerogative , for any man or mortall to arrogate unto himself either title or office of the same . 7. That all the persecution which hath been inflicted upon the presbyterian Ministers and Professors these 17 or 18 yeares , for witnessing their adherence to the work of Reformation & refusing to comply with● or subject themselves to Prelacy or the usurped Supremacy over the Church , hath been a haynous sin against God , and horrid cruelty against his people : And many moe of this nature . In short , I take peaceable living , or not to preach Rebellion Schism nor Heresy , as it is now required & imposed by the Councill , to be upon the matter this viz. To refrain from reproving , testifying against , or any ways opposing such Courses ( whether sinfull or lawfull ) as are authorized or allowed by the Laws o● Example of our present Rulers● or the persons ( whether supreme or subordinat ) who carry on the same . And consequently to be altogether silent as to the avowing such duties , or rep●oving such sins as are in controversie between the Presbyterians & the presen● Erastian Papistico-prelatick Party , such as these Presbyterian points above-me●tioned . But it is like some will say , That his Maj. & Councill allowing Presb. Ministers liberty to preach , doth eo ipso tolerat & allow them to preach & pro●esse their Presb. Principles , and consequently That the Councill's sense of peaceable living is not to be interpreted according to their former Acts and Proc●amati●ns against Convent●cles which are n●w dispensed with , but accor●ing to the presbyterians own sense therof . The st●ength of this objection seemes to consist chie●ly in these Two : 1. Because the lawes of the land are as directly & expressely ag●inst House-meetings simpliciter as they are against the Covenant & other controverte● Truths preached at these Meetings , so that a dispensation for the one ( viz. House Meetings ) doth necessarly import & inferre a dispensing with the other , viz. preaching of these controverted T●uths . 2. Because it is scarce imaginable that the Rulers or any rationall man should impose a Bond ( & that by way of favour ) upon Presbyterian Ministers , the termes wherof are known to be contrary to their Presb. Principles ( which this Bond wold certainly be if understood according to tho foresaid acts ) at least that they could in reason expect that the Presbyterians should ingadge in such a Bond , & yet continue true Presbyterians . Answer 1. If this Consequence be valide● The Magistrat allowing Presbyteria● Ministers liberty to preach , doth eo ipso allow them to preach their Presby●erian Principles ; then this must be as valide . The Magistrate granting liberty to Presbyterian Ministers to exercise their Ministry , doth eo ipso grant them liberty to exercise their Presbyterian Government , & ordain Presbyterian preache●s ( both which are essentiall partes of that function ) which is false ; fo● they have no liberty or allowance , either by the proclamation or Bond to exercise these two parts of the Ministry , and if they get leave to exercise them , it is rather by Connivence then Allowance . 2. As to the Acts made against Presbyterian House-meetings , there is ane expresse suspending of the execution of them , and that by virtue , of a power reserved to his Maj. by 5. Act. sess : 2. Parl. 2. Wheras touching other acts made against many of the Presbyterian Principles or preaching of them , there is no such suspension as yet obtained , neither doth any of them reserve to the King such a power , and so he cannot in law doe it without a parliament . But 3. I suppose what may be said here as to Presbyterian Ministers their liberty to preach their Presbyterian Principles , the same might have been said also of the Liberty g●anted by the former Indulgence ; But it is well known , That some Presby●erian Ministers then Indulged were processed as Rebells & Traitours for preaching their Presbyterian Principles , particularly Mr. William Weir , who for asserting the obligation of the Covenant , & preaching against the supremacy , was turned out by the Councill's Order . 4. Since the proclamation for this new Indulgence , there comes forth another July 27. containing ane Indemnity to these who were at the late Rise ; In which proclamation ( after many exceptions from the said Indemnity ) it is injoyned as ane expresss Condition of enjoying the benefite of the said Indemni●y . That if ever they shall be at any field Conventicle ( though the necessity were never so urgent , as probably it may be ) the said Indemnity shall not be usefull to such Transgressours any manner of way . In the same proclamation also it is expressely Commanded , To pursue & punish with all the severity that law can allow all such as shall afterward threaten or abuse the Orthodoxe ( i. e. the Corrupt ) Clergy ; And i●'s very probable , that hereby they no less discharge Ministers to threaten them by denounceing God's just judgment against them then any other persons to threate● or abuse ●hem by externall violence nor murmur against their Iudicatures or Officers ( and if but Murmuring must be so severely punished , how much sharper punishment must be inflicted upon them who publickely preach against these & testify against their enormities ? ) Or shall make , publish , print● or disperse libells or pasquills , these being the fore runners of all Rebellions ; Now by these libells & pasquills we cannot but understand chiefly such Presbyterian Principles as are emitted to the publick against Prelacy , Perjury , Erastianisme &c. so that hereby the preaching of Presbyterian Principles in opposition to these will not be allowed nor tolerate . But 5. & chiefly I wold gladly understand in what sense Schism ( which Ministers by this bond are ingadged not to preach ) is to be taken , if thereby be not meaned a separating , or keeping our selves a distinct body from the prelatick & Erastian party then which nothing is more consonant to presbyterian principles ; For that by this Schism is understood a separating from popery or any other sect ●nconsistent with the protestant Religion the Imposers thems●lves will not affirme , unless with the same breath they ●ffirme also that they are no friends to the protestant Cause & Interest . To the 2. Reason of this Objection , It is scarse imaginabile &c. I Answer 1. Whither it be imaginabile or not to some who are byassed or blinded with self-interest or prejudice , yet it is very palpable to the most seeing & serious That the termes of this Bond as imposed by the Councill is contrary to Presbyterian Principles , as shall afterward at more length appear . 2. Although he Magistrat when he imposes this Bond , doth not expressely declare that his sense of the termes therof is contrary to Presbyterian Principles , or that he requireth obedience in that sense ; yet it is true & undenyable , that the termes therof doe admitt of , and are commonly taken in a sense contrary to Presb. Principles , as also that that sense is the sense of the Magistrate ( though not declared by him to be such at the imposing of the Bond , yet alibi it is , as might be made out particularlie by produceing such acts & proclamations as have been made against the presbyterians , & are not as yet legally suspended ) yea , & that that sinfull sense of the Imposer is also the sense of the Ingadger , as shall further appear in the Arguments adduced against this Bond And therefore 3. The Imposers of this Bond doe coutch and cover the same under such generall & ambiguous termes as may admitt of a sound eneugh sense even according to the Presbyterians themselves ; wheras if they had roundly declared their own sinfull sense therof at the imposing of it , it is probable that the Presbyterians had more universally startled at it : And herein the meanest Capacity may ea●ily discover the deceitfull designe both of the Imposer & Ingadger ; o● the Imposer , to lead the poor Presbyterians into a snare , by the generality & ambiguity of the termes , & by a baite busked up with smooth & plausibe words make them swallow down hooke & all ; and of the Ingadger , in that whenever he is justly impeatched , as relinquishing his Presbyterian Principles by this Bonding , he may be alwayes ready to make his Retreat to this ( viz. that the termes are generall and admitts of a sense consonant enough with his Presbyterian Principles , & that he hes ingadged only in that sense ) as a Refuge & Cloak to cover his Anti-presbyterian Complyance . Having thus cleared what the Councill's sense of peaceable living and of Rebellion Schism & Heresy in reference to the Presbyterians , is ; as also that that sense of theirs is to be known by such Acts & Edicts against the presbyterians as are not legally suspended , I shall indeavour nixt to make it appear that the termes of this Bond are to be understood only in the Conncill's sense , & shall for present satisfy my self with this one Argument : Rebellion Schism & Heresy ( & on the contrare peaceable living ) which Ministers by this Bond are ingadged not to preach , is to be understood in that sense wherin the Ministers have formerly been guilty therof ; But only in the Councill's ( or Magistrat's ) sense have the Ministers been formerly guilty of Rebellion Schism & Heresy ; Therefore only in the Councill's sense is Rebellion , schism , Heresy & peaceable living to be understood ; and by Consequence , this Bond doth oblige the Ministers to live peaceably , or not to preach Rebellion Schism or Heresy only in the Councill's sense , of which more afterward Arg. 7. of the 1 Head. The 2 thing in the Obligatory part is the Cautioners binding him self in order to the Ministers peaceable living . That he shall present him when called so to doe : Where we see 1 That he binds absolutely for the Ministers peaceable living , for in order thereto he obliges himself to present him when called , which is nothing else but to give the Councill full assurance That he shall live peaceably . 2. That he is bound to deliver up the Minister to the Councill when called so to doe , though the Minister live never so peaceably ; for it does not run thus . That he shall present him when it shall be verified that he ha●h lived unpeaceably , but thus That he shall present him when called so to doe . 3. That this obligation is imposed by the Councill on the Cautioner as a terror & aw-band both to Cautioner & Minister ; for the Councill will easily suppose That ere the Cautioner should be instrumentall in persecuting his Minister by presenting him or before that the Minister putt himself in hazard of falling into their hands , both Cautioner & Minister will rather doe all they can to live peaceably according to the Bond , & so prevent the Councill's displeasure and their own paying of the penalty . The 3 thing in the Obligatory part of this Bond is , That the Cautioner shall be lyable to the payment of the soume of 6000 Merkes in case he failzie & not present the Minister when called for . Where observe That the two last obligations are corroborative of the first : 1 The Cautioner is absolutely ingadged that the Minister shall live peaceably . 2 In order thereto ( or for corroborating therof ) shall present him when called . And 3. in case of failzie ( or in Certification that he shall no● faill , but shall certainly present him when called ) he shall be lyable to 6000 merkes . As for Instance , If the Magistrate should require me to ingadge to performe some Civill duty unto him which I am bound in my station & capacity to doe , I therupon offer my self absolutely ●o ingadge upon my honest word to performe it ( I suppone also that the Magistrat's defigne is to have me absolutely ingadged thereto ) But because he layes no weight upon , nor gives any credite to my bare word & promise ( having possibly offended him formerly by alledged delinquencies ) and so apprehends ●hat he hath no security or assurance that I shall performe the said duty ( which duty he will by no meanes dispense with my non-performance of ) Therefore in order thereto that I may not cheat him , but performe what I'm so absolutely ingadged to , for a Corroborative & Assurance therof , he enjoynes this for a Certification , That in case I failzie ( or lest I faill & not performe my Ingadgement ) I shall be lyable to a great penalty . Will any Lawyer or Divine call this ane Alterna●ive Bond ? So in out present Case . If it be said that the Cases are not parallel , because in the one the principall obligation is lawfull , in the other ( viz. to present ●he Minister to be persecute , or to ingadge to live peaceably in the Councill's sinfull sense ) i● is not ; I Answer 1. It is both lawfull & a duty of the Ingadger as to the Imposer , and he imposes it as such , and so it is not Alternative as to him , nor imposed by him as such . 2. If the Ingadger look upon it as unlawfull & alternative , then ( 1 ) he doth at best but juggle wi●h the Imposer & cheat him . ( 2 ) He thereby confesses That he takes ane Alternative Bond wherof one of the Alternatives is unlawfull ; both which to be sinfull shall afterward be proven . If it be further said ; That the Cautioner doth not oblige himself by ane absolute Ingadgement that he shall pay the 6000 Merkes , and consequently That this is ane Alternative Ingadgment , wherof both the Alternatives are put in his power ( to wit either to present the Minister or pay the penalty ) which of them he pleases to chuse . Answer 1. That the Cautioner doth not oblige himself absolutely to pay the penalty , I grant ; but that Therefore this Ingadgement , to pay the penalty is Alternative , I deny : Because , it is neither properly Absolute nor Alternative , but merely Conditionall , as the very termes In Case ( or on Condition ) he failzie &c. doe hold forth . And it is one thing to say , I ingadge either to performe this Or that , and another to say , I ingadge to performe such a thing , and in case of not performing it , to underly a penalty or punishment : for in the fo●mer both the Alternatives are put in the Binders choice , & left arbitrary to him , and the one Alternative is no more determinatly enjoyned by the Imposer then the other : But in the Latter ( for instance when the Cautioner ingadges to present the Minister , & in case of failzie to be lyable to 6000 Merks ) the penall part of the Obligation is imposed upon him as a punishment for not performing the P●incipall part therof , & is only a secundary & subordinate obligation in respect of the principall , and to have place only upon Condition of the breach therof ; wheras Alternatives as such are not subordinate the one to the other , but both equally proposed by the Imposer , neither is the one imposed as a punishment for non-performance or breach of the other . But 2. Howsoever it may be supposed That to present the Minister or pay the penalty is Alternative upon this account , That the Cautioner by performing of the one is thereby free from the obligation of the other ; yet ( besides that it is questionable in our present Case , whither the Cautioner by paying the penalty , shall be eo ipso liberate from his obligation for the Ministers peaceable living & presenting of him when called ) sure I am that this Bond is not proposed formally & explicitely in Alternative termes ( & so not to he understood such , nor ingadged unto as such ) if w● but consider the true nature & definition of Alternative promises ( or Ingadgements ) that is given by Lawyers , which is : Alternativa promissio est , cum duo vel plura sub disjunctione ( v. g. cum dicitur aut hoc aut illud ) promittuntur cujus natura haec est , ut utrumque sit in obligatione , quamvis solutione unius tollatur tota Obligatio : that is , Ane Alternative promise ( or engadgement ) is , when two or moe things for instance when it is said Either this or that are disjunctively ( or severally ) promised , the nature of which is this , that both ( to wit the Alternative parts ) are in the obligation , although by performance of either , the whole obligation ceaseth . The 4. & last thing to be noticed in the obligatory part of this Bond is , That the Cautioner doth bind his Heirs & Successors together with himself to the fulfilling of all these 3 parts already mentioned & explained . The Inconveniences of which I shall afterward only touch in the 8. Arg. of the 3. Head. The termes of the Bond being some way explained in so for as is conducible to the purpose in hand , I shall nixt in prosecution of my Method propose the state of the Question thus : Whither in the present Circumstances of the Church of Scotland , it be lawfull & a necessary duty for the faithfull Ministers of Christ there to give bond to their present Rulers , in order to obtain liberty to preach & administer the Sacraments in such & such particular paroches , That they shall live peaceably ; Or for others in their name & behalf to bind to the said Rulers , for their peaceable living , presenting them when called so to doe & in case of failzie to underly a great penalty ? Or shorter thus : Whither Ministers ( or Cautioners in their behalf ) may lawfully give the present Bond required by the Councill ? And the Negative I sustain , and shall indeavour to evince by Reasons taken from a threefold Head ( with all due reverence & respect to these who concluded they found no Reason why it might not be given ) 1. From it 's more direct & immediate Sinfulnessesse , 2. From it's Scandallousnes . 3. From it's native & necessary Inconveniences . First therefore from it's Sinfulnes I may argue thus . THat Bond cannot be given or allowed to be given with a good Conscience which is Vinculum Iniquitatis , a Bond of Iniquity , or a sinfull Bond. But this is such a Bond : Therefore it cannot be given or allowed to be given , with a good Conscience . That a sinfull oriniquous Bond may be given with a good Conscience , no Conscientious man will affirme : But that this Bond is ane iniquous and sinfull Bond , may appear from the Reasons following . And 1 ( not to make a repetition now of what evills we have already detected in Explication of the Narrative of this Bond , which the Obligatory part hath so neer a relation to & close Connexion with , as above ) That Bond which presupposeth , yea necessarly prae-requireth ( for without previous petitioning there is no access for bonding in our case ) the making of a sinfull Adress to the Councill , must be sinfull ; this I suppose none , either in Reason or Conscience can deny : But that it is a sinfull Address which is prae-requisite to this Bonding , I prove : 1 To supplicat the Councill for that which otherwise may be had with more advantage to the Church and advancement of the Gospell , is to make a sinfull Address : But that to supplicat the Councill for this new liberty , is to supplicate for that which may otherwise &c. I prove . If greater liberty ( both extensively considered in reference to places & intensively to Truths preached ) then what is yet tendred by the Councill may be had without supplicating the Councill , Then &c. But the former is palpable from the daily experience of all these Ministers who with out any warant from , or dependence upon the Councill , have hitherto & yet doe exercise their Ministry ( though I grant not without some seeming externall hazard & Inconveniences , which yet are not comparable to the manifold Inconveniences which attend this way of bonding , these being sinfull ( as is afterward proven at large ) & the Minister active in bringing him self into them , in those it is not so ) either in Town or Country , or wherever in providence they are called , and who have therin had such signall proofs of God's contenancing their Labours , & protecting their persons ( some of them to the astonishment of all ) from the harme & fury of the Oppressor & such as thirst after their blood , that even a very reflection therupon may be sufficient to frighten any Man o● Minister of the Church of Scotland ●●om such untroden & in●rapping paths . 2. If the Councill's Grant of this Liberty upon the giving of this Bond , be many wayes manck & mutilate , as also implicate with many sinfull Restrictions & Impositions● then it is sinfull to supplicate the Councill for the benefite ( or rather bondage ) of such a grant● , And the reason is , because it is ●infull o supplicate for that which is sinfull . But the● Co●ncill's Grant is sinfull ( as is cleared above in Explication of the Narra●●ve ) Ergo &c. 3. Such a petition as putts the Civill Magistrate not only in the place of the Presbytery , but above all Church-Iudicatories , and that in Church-matters , is sinfull : But the petition praerequisite to this Bond is such : Prob. A petition that yeelds to the Civill Magistrate the power of imposing upon Ministers Instructions & limitations prejudiciall to the Church & propagating of the Gospell , a power to cognosce & authori●atively judge of Ministeriall Qualifications , as also a power to censure , silence or depose them at their pleasure , and that primâ instantiâ , such a petition , I say , doth put the Civill Magistrat not only in the place of , but above all Church-Iudicatures . But this petition is such ( as is partly already & partly afterward shall be cleared ) Ergo it is sinfull . 2. If the Councill's Act or Gra●t , the parishoners petition for that Grant be sinfull , then the giving of this Bond ( which is the very accomplishment of both ●hese , & the immediate end for which both Grant & petition are calculate ) must be much more sinfull : But both the Councills Grant & parishoners petition is sinfull , as is already proven : Therefore the giving of this Bond must be much more sinfull . 3. It is sinfull for any Man to oblige himself to doe that which is impossible for him to performe : But the Cautioner by this Bond obligeth himself to doe that which is impossible from him to performe ; Therefore it is sinfull for him so to oblige himself . That the Cautioner by this Bond obligeth himself to that which is impossible or impracticable to him , is clear from the termes of the Bond , which is , That the Minister shall live peaceably . Now seeing every Man is Master only of his own proper , personall & voluntary acts ( such as to live peaceably is to the Minister in this case ) How can the Cautioner oblige himself for the Ministers peaceable living , with out obliging himself to that which is impossible for him to performe , seeing the Minister is neither ●nder the Cautioners dynamis no● exu●ia ; i. e. the Cautioner can neither constrain him by force , nor command him by authority , but at most can only deal with him by morall swasion or intreaty to live peaceably , which the Minister may either doe or not doe as he pleases to determine , or thinks convenient . ● . It is a sin to ingadge in a Bond , wherin the matter ingadged unto is held forth in such generall & ambiguous termes as admitts of various , yea & contrary senses : But that this Bond is held forth in such termes , is cleared already in the Explication , & is obvious to the meanest capacity . And therefore it is a sin to ingadge in such a Bond. Now for a man to ingadge in a Bond , the termes wherof ( as they are proposed ) are lyable to a sense contrary to & inconsistent with the known sense of the Imposer , and yet not to signify to the Imposer in what determinat sense he ingadges , or that he does not ingadge in a sense inconsistent with that of the Imposer , what is it else but to juggle & deceive ? But more particularly . 5. Seeing the termes of this Bond ( to live peaceably ) are acknowledged to be so generall & lyable to various & contrary interpretations , then he who thus ingadges , does either ingadge to live peaceably in a generall , abstracted & metaphysicall sense , or to live peaceably in some particular & determinat sense . The former it cannot be , for that is not intelligible , yea altogether impossible , viz. to live peaceably abstractly from any particular Consideration of , or respect to particular persons , Actions , manner of peaceable living & other Circumstances . If the Latter ( as indeed it must be , seeing a determinate sense of words is the very soul & substance of words ) then by this Bond he is either obliged to live peaceably in the Imposers which is the sinfull sense ( as is formerly cleared ) or in another sense inconsistent with that of the Imposer If the former , then questionlesse it is sinfull to ingadge in such a Bond : If the Latter , then it must be deep dissimulation ( & consequently sinfull ) in him who thus ingadgeth & a manifest abusing of the Imposer with his dis-ingenuity , in as much as the Imposer requireth one thing by this Bond , and the Binder doth oblige himself to the quite contrary of what is required of him , and in effect bindeth himself to nothing at least as to that which the Imposer requires of him . 6. If it be sinfull to give Bond for Absolute & universall peaceable living with any man , then to give this Bond is a sin : But that the former is true , I prove : That which is proper & due unto God only , cannot ( jure ) be given to any man or mortall ; But a Bond for absolute paceable living is proper & due to God only : Prob. If absolute obedience , or ane absolute Ingadgement to such obedience be proper & due to God only , then absolute peaceable living , or absolutely ingadging thereto ( which is a part of that absolute obedience which is due only to God ) is proper and due unto God only . That absolute Ingadgements or absolute obedience are proper & due to God only , is hence evident , Because he & he only is the absolute & supreame Authority , and whose law only can be our absolute & infallibile Rule . And if this argument be valide against giving Bond for absolute peaceable living with any mortall because fallibile & subordinat to the absolute & sole supreame authority ; much more then must it militate against the giving of such a Bond to these who are stated & avowed Enemies to Christ's royall prerogative , to his people & work of Reformation ; yea wold not such a Bond be rather ane Association & Combination against the Lord ? That this Bond ( as it is proposed ) ingadgeth the Minister to live peaceably in ane universall & absolute sense is clear from the indefinitnes of the termes To live peaceably And it is known , that ane indefinite , generall & illimited proposition is aequivalent , to ane universall or absolute . 7. It is a sin to give such a Bond as by vertue of the obligation therof tendeth to bring the Ministry of the Gospell & Ministers doctrine immediatly & prima instantiâ to be cognosced & judged formally & authoritatively by the Civill Magistrate ; and the reason hereof is , because it belongeth properly to the Ministeriall function , formally & authoritatively ( though ministerially ) to judge & determine , & that prima instantiâ ( i. e. previously to any determination of the Magistrate or any otheir Judicature thereanent ) by the Scripture , of which Ministers are the only Interpreters ex Officio , what is Orthodoxe or Heterodoxe , what is Schisme or Heresy , these being matters purely spirituall & ecclesiastick , and so determinable only from the Scriptures . But that this Bond is such as by vertue of &c. I prove 1 , If by this Bond the Binder doth make the Magistrate the Immediate , yea sole & supreame Arb●ter & decisor of what is Schisme & Heresy in the Ministers doctrine , then the obligation of this Bond tendeth to bring the Ministers doctrine immediatly , formally & authoritatively to be cognosced & judged by the Civill Magistrate . But the former is true , thus : If the obligation of this Bond ingadgeth the Binder for the Ministers not preaching of Schisme & Heresy only & immediatly in the Magistrat's sense , then by this Bond the Binder doth make the Magistrate the Imme●iate , sole & supreme Arbiter & decisor of what is Schisme & Heresy in the Ministers doctrine . But that the former is clear● I prove ( 1 ) By this Bond the Binder doth oblige himself for the Ministe●s not preaching of Schisme & Heresy onely & immediatly in such a sense as therupon he cannot be called in question by the Civill Magistrate for the Ministers preachi●g of Schism & Heresy ( else to what purpose doth he bind ? ) But only & immediatly by binding in the Magigistrat's sense of Schisme & Heresy can he expect ●ot to be called in question by the Ma●istrate for the Ministers preaching Schism & Heresy ( for in no other sense can the Binder promise himself security ) Ergo by this Bond the Binder obligeth himself for the Ministers not preaching of Schisme or Heresy only & immediatly in the Magistrat's ( or Imposers ) sense . ( 2 ) If by this Bond the Cautioner is obliged to produce the Minister or pay the penalty only & immediatly for his preaching of Schisme or Heresy in the Magistrat's sense : then the Cautioner is bound ●or the Minister's not preaching of Schi●me or Heresy only and immediatly in the Magistrats sense : But the former is true : Therefore . The 2. Arg. whereby I prove that the obligation of this Bond tendeth to bring the doctrine of the Ministry immediatly & soldly under the Magistrat's Cognizance & decision , is this : These must be acknowledged by this Bond to have the sole immediat & supreme determination of what is Schism or Heresy in the Ministers doctrine , who have the sole immediate & supreme decision of what is properly a violation of the Ministers ingadgement by this Bond. But only the Civill Magistrate hes ( or rather assumes to himse●f ) the sole immediat & supreame decision of what is properly a violation of the Ministers ingadgement by this Bond. Ergo the Civill Magistrate must according to this Bond have the sole , immediate & supreme &c. 3. It is well known that the non-conform Ministers are not allowed by law to keep any Church-Iudicatories whereby such mat●ers as Schisme or Heresy might judicially be decided . 4. Nor doth the Councill referre the determination of these to the Prelaticall Courts or any other Ecclesiastick Judicature , so far as we know . From all which we gather That the Civill Magistrate ( the Imposer ) must according to this Bond be the sole , Immediate & supreame Arbiter & decisor of what is Schism & Heresy in the Minister's doctrine . 8. That which tendeth to the prejudice of the Church of Scotland in generall , ought to be avoyded as a sin ( for no private or particular advantage ought to interferre with the publick good , & that either in Church or Common Wealth ) But that this way of bonding or fixing by Bond to a particular Congregation , tendeth to the prejudice of our Church in ge●erall● I prove : That which tendeth only to the advantage of the farleast part of the Church , & not to the edification of the whole , ●endeth to the prejudice of the Church in generall , & so must be sinfull . But this way of Bonding tendeth only &c. Ergo. That this way of bonding tendeth only to the advantage of the far least part of the Church ( or rather to the dis-advantage of the whole ) is clear : 1 The one half of Scotland to witt from Tay north-ward whi●h is the very part which stands most in need of a faithfull Ministry is debarred & in a manner excommunicate from having this liberty● beside some of the most considerable Towns & places particularly excepted thereform . 2 All the Ministers who are suspected by the Councill to have been at the late rising in armes . 3 All these Ministers who shall afterward be ordained by non-c●nforme Mini●ters 4 All these Ministers who are not clear in their Conscience for giving or allowing such a Bond , who we hope are not a few . 5 All these Ministers who possibly cannot get any to be Surety for their peaceable behaviour , though themselves were ●lear for the thing . 6 All these Ministers Bonders who shall not actually fullfull , or shall contraveen ( whither designedly or inadvertently ) the Conditions of ●he Bond. 7 All the Ministers who shall not coram present themselves to the Councill in order to receive their Licences upon this Bond , & so passe their Tryalls before them . 8 All these paroches which either are not able to undergo the penalty of 6000. merks or are not w●lling to hazard the same , wherof there may be not a few . And 9 in a word , only such Ministers are hereby allowed & authorized to preach & administer the Sacraments , as will formally ingadge & actually performe the termes of this Ingadgement , which in charity we hope will be found a very inconsiderable number . And then let any conjecture what a small part of the Church of Scotland wold be supplied with Presbyte●ian Ministers , if none should preach but such as are thus licensed . 9. That ought not to be done with out the advice & Consent of the whol● Church which is of the great concernment of the whole Church at least ought not to be determined , co●cluded & complyed with , without first he●ring & pondering the Reasons of dis-sentients against it . But in a publ●ck Meeting of Ministers that which was of the concernment of the whole Church ( viz. their voting for the lawfullnes of this Bonding , & some of them their actuall Comp●i●g with it ) was done and concluded to be done not only without the advice & consent o● the whole Church but without so much as hearing & pondering the Reasons of dis-sentients against it , yea contrary to the minde of severall present who declared themselves against ●o sudden a determining of such a Question at that time . Therefore the giving or allowing this Bond ought not ●o be done , & so is sinfull . 10. That Bond is sinfull which may be interpreted contrary to our former lawfull & solemnly sworn Bonds & Covenants : But this Bond is such : By our former solemne Ingadgements we are bound ( & more speci●lly Mini●●ers of the Gospell ) by all lawfull means to wrestle & contend for the main●enance & defence of the work of Reformation in all the poynts & principles therof , and to oppose every thing that may be prejudiciall to the said work ; and that we shall continue constant all the dayes of our li●e in this defence & opposition . But by this Bond we oblige our selves not to con●●nd strive or wrestle any more for the defence of the wo●k of Reformation ( at least no● to oppose & with stand every thing that may be prejudiciall to the said work , & such as are profest Enimies thereto ) seeing by this Bond we ingadge to live peaceably with these , who we know are in actuall opposition against that blessed work : for these two are contrary to & inconsistent the one with the other : And therefore this Bond may be interpreted directly contra●e to our former lawfull Ingadgements , & so most sinfull , & a manifest breach of our solemne Vowes to God in most of the articles therof . And no doubt such as now ingage in this Bond wold have been look't upon as Enemies to the main ends of the Covenant if they had subscribed or allowed such a Bond to be given when required by the avowed Enemes of that Covenant in these dayes , when our Church was most vigorous in their zeal and faithfulnes for the defence of that work of Reformation according to these Covenants ; And that it can be any lesse sinfull now seeing we ly as strictly under the vowes of God now as then , and that these to whom this Bond is given are as vigorous in opposing that same work & Covenant as ever they were since the beginning , I cannot see : And we may referre it to the Consciences of these who are now so forward in gi●ing & allowing this Bond , in their most solitary retirements● when they ●i●t themselves immediatly before God who weigheth actions & compareth this deed most impartially with their so strict and peremptory Vowes to him in that Covenant , & our Churches formerzeall & tendernes in observing the same . 11. It is a sin to give such a Bond as mak●th my nighbour who is a free man , especially a Minister who is a free Ambassadour of Christ , to be a prisoner at the will & pleasure of such as will make him ane offender ●ven for a word : But such a Bond is this now required : Therefore ●infull . And if it ought to be refused upon this account that it bringeth the Minister in Bonds , much more then is it to be refused with all detestation , that it bringeth the Ministry it self and Gospell in to bondage . 12. It is sinfull to ingadge either by ane Absolute or Alternative Bond to be active or instrumentall in persecuting any ( but especially Christ's Ambassadours ) for saying or doing that which is their unquestionable duty : But by this Bond the Cautioner ingadgeth ( at least alternatively ) to be active & instrumentall in persecu●ing the Minister , ( viz. by presenting him when called for by the Councill ) for that which is really his duty , & acknowledged both by Minister & Cautioner to be such ; for instance when the Minister preaches the perpetuall obligation of the Covenant , or plainly testifyes against the crying sins & corrupt Courses of the time ( as he is bound in point of faithfullnes and Loyalty unto his great Master to doe ) especially these carried on by our Rulers or their authority , and therupon is called in question , & persecuted as a preacher of Rebellion &c. Ergo It is ●infull thus to ingadge . The like may be said also against the Cautioner his binding himself to pay the 6000 Merks in case he failzie & present not the Minister ; for thereby he obliges himself ( alternatively at least ) to be active in persecuting and punishing himself for that which is not his fault , and so to that which is sinfull . But lest any should imagine That because the termes of this Bond a●e Alternative ( the contrare of which is already made out ) therefore they may lawfully ingadge , viz. alternatively , though some of the Alternatives be really sinfull● Wherefore 13. Giving by supposition , but no● granting , that the termes of this Bond were indeed as Alternative as some wold have , or any could wish them ; yet I say that it is sinfull to ingadge therin , 1 Because all & every one of the Alternatives of this present Bond are sinfull , as is proven above . 2 Though but one of the Alternatives were sinfull & the rest lawfull , yet it is a sin to ingadge in such a Bond , and that because it is sinfull to ingadge to that which is sinfull either absolutely or alternatively ; For as we cannot without sin bind our selves to that Conditionally which upon no Condition we can without sin performe , so neither can we without sin bind o●rselves to that alternatively which in no case can come under our choice ; and where their can be no choice ( as of sin or sinfull Alternatives as such their can be none , seeing choice or election is to have place only where the thing is some way or other eligible , which sin or a sinfull Alternative can never be ) there ought to be no deliberation , and conseq . far less ought their to be Bonding . 14 That Bond is sinfull whereby the Ministers ingadged wherein are by the Imposers , 1 Restricted in the exercise of the key of Doctrine . 2. Robbed of the key of Discipline , for this is witheld in the Councill's Grant. 3. Are debarred from perpetuating the succession of a faithfull Ministry by ordaining others thereto ; at least by this bonding they taci●ely approve & virtually consent ( Consentit enim qui non con●radicit ) to these sinfull Re●●rictions . 15. If the giving of this Bond be more unwarantable then imbraceing of the former Indulgence , then this bonding is a sin , yea a greater sin then that of the former Indulgence ( at least to these who look upon the former Indulgence as a sin ) But that it is more unwarantable , is hence manifest : That by the former Indulgence the Accepter therof doth restrict his Ministry mostly as ●o the exercise of it in such a particular paroch , wheras by this Bond ( or Latter Indulgence ) the Ministry is qualified & restricted also as to the exercise of it simpliciter , i. e. as to the very doctrine it self , as is clear from what is already said : In which sense it seemeth to surpass even Prelacy it self for grossness , viz. in so far as Prelates ( as such ) requires of their Ministers the Curates that they be subject to them only as to the exercise & manadgement of the externall Government of the Church ; But by this Bond the Councill requires the bond●d Ministers to be subject to & censurable by them in the very Essentialls & most intrinsick acts of their Ministry , namely the doctrinall part therof , and the Cautioner & Minister by their bonding doe ipso facto yeeld & consent thereto ; and the more considerable this is , That Prelates pretend to be a sort of Ecclesiastick persons , & Prelacy ane Ecclesiastick order ( though both corrupt & unwarantable ) wheras the Civill Magistrate or the Councill as such cannot pre●end to any such thing . 16. If it be a sin for any Person or people absolutely to ingadge to their Rulers ( especially such as doe now require this Bond ) not to resist or oppose them by ex●ernall force in any case whatsoever , Then much more is it sinfull for Ministers to bring themselves under such ane absolute Ingadgment in reference to the intrinsick acts of their Ministry . But that it is a sin for any person or people absolutely to ingage &c. is so obvious & palpable both from the light of nature , principles of Reason & Religion , as also from the testimony of pious & judicious Politicians & Divines , yea even from the Concessions of some of these who are accounted the greast Royalists , That I forbear at large to prove it , and referres such as doubt therof to the writings of these who have treated upon that or the like subject . The Connexion of the former proposition is clear ( 1 ) Because a Mini●ter as a Minister ( or Ambassadour of Christ ) is not a servant or subject to any mortall Prince or Potentate , and so may not with ou● laese Majesty to his sole Soveraign Christ ( whose alone servant he is ) make such absolu●e ingadgements in things relating to his Ministeriall function , as Others may in matters of their Civil● Liberties & Concernes . ( 2 ) Because , by ●ow much the more indispensable the exercise of the spir●tuall sword is then tha● of the temporall , by so much the more sinfull is it for Ministers absolutely to ingadge to live peaceably ( i. e. not to lift up their spiritua●l & mini●teriall armes , such as publick Reproving , testifying or protesting against the sinful● Co●rses of the Rulers & these that are in authority ) then the people so to doe in order not to lift their carnall & temporall armes against the same Rulers : And though we are more prone by nature to flee to the Carnall sword for our bodily defence , when occasion calls thereto , yet the use of the spirituall is both much more necessary & indispensable in it self , and also much more expressely enjoyned by God in his word to these whom he hath impowered & authorized to exercise it ex officio . But to proceed . Secondly from the Scandallousnes of this Bond , I may Reason thus . A Bond that is justly scandallous or gives just ground of scandall or stumbling ( not that the ground of Scandall can be just & warantable i. e , that any ground of Scandall can justify the Scandall or warant any person to stumble ; but that such a Bond as this doth give just ground to repute the giving of it a reall Scandall , and that whi●h hes a reall and direct tendency to stumble & offend ) ought not to be given or allowed to be given : But this Bond for Mini●ters peaceable living ( as it is now required ) is such : Therefore it ought not to be given or allowed . That this B●nd is Scandallous , & that upon many accounts , may appear . 1 It is scandallous to give such a Bond as puts a tash & disgrace upon the Ministers of the Gospell : But ●ha● this is such a Bond , I prove : 1 , A Bond that imports & ( tacitely at least yet really ) praesupposes the faithfull Ministers of the Gosp●ll to have been formerly turbulent , unpeaceable or rebellious , puts a disgrace upon the Ministers of the Gospell : But this Bond is such , as is clear from the words of the proclamation , viz. But to the end that none whom we may justly Suspect shall under the colour of this favour CONTINUE to preach Rebellion &c. For it is certain that Bonds of this nature , especially these imposed by Superiours upon their In●eriours , or Rulers upon their Subjects , doe presuppose that these of whom the said Bonds are required , have either been formerly guilty of● or else have a propensity to doe the contrare of what is required of them by these Bonds : Therefore &c. 2. That Bond which imports & presupposes the Ministers to be either incapable or unworthy to bind immediatly for their own peaceable behaviour , or that they will make no Conscience of their duty ( such as to live peaceably ) except others of more Credite & Respect bind for them , or that even others their binding for them is not sufficient to keep them in order except for ane aw-band they oblige themselves also to present them , & that under a great penalty , such a B●nd I say putts a great stain & disgrace upon the Ministers of the Gospell : But such is this Bond now required : Ergo very scandallous . But 2. It is scandallous to give a Bond that not only puts disgrace upon the Ministers but also tends natively to bring the Ministry under Contemp ? That this is such a Bond is evident , Because it is scarse imaginable That such a mans Ministry ( who hes ingadged in this Bond ) can have any weight , authority or respect with the people under his Charge so long as he is look't upon as ane Infamous Offender or Malefactor , & one who is neither a good Subject nor a good Christian ; not a good Subject , because as he hath been given to rebellious Courses formerly , so he is still ready to break out into the same dis-orders ( for both these doth this Bond import , as above ) except he be chained up by another man's binding for his peaceable behaviour , who hes ( as it were ) the rope f●stened about the Ministers neck , That so soon as in the least he trespasses , he may be ready to be drawn forth , if it were even to a gibbet : nor is he look't upon as a good Christian , either by the more tender & zeallous , because he ha●h purchased externall Liberty to exercise his Ministry in so foull & unwarantable a way ; or by others , because he makes no Conscience of his duty ( to live peaceably ) except he be either bribed or over-awed thereto . What esteem then of , or reverence to such a Man's Ministry can the people have , or what au●hority & weight can such a Ministers reproving of sin or scandall in others ( & particularly these under his own oversight ) have , while he is by them looked upon to be such a Man as we have now described . 3. It is scandallous to give such a Bond as thereby the Cautioner appeares to the Imposers as a man who hath no scruple of Conscience to deliver up his Minister to be persecuted ( and who can tell how deep it may draw with him ? ) when called so to doe : But this Bond is such Therefore scandallous ; for though the termes ( to pre●ent the Minister or pay the penalty ) were never so formally alternative , yet seeing the Cautioner at his bonding doth not expressely d●clare to the Imposer which of the two Alternatives he chuses , or that he chuses not that which binds him to deliver up the Minister ( which is the more sinfull & scandallous ) the Imposer hes just ground to judge that it is more probable the Cautioner will rather deliver up the Minister when called thereto , then that he will be so lavish of his mony as to venture so great a summe for not presenting him : for as one said very pertinently ( speaking of this subject ) when one temptation prevails with him ( viz. the Ca●tioner ) to bind for the Minister , another may persuade him to lead him to the Gibbet . 4. It is a scandall for Presbyterians to give a Bond that natively tends to the weakening & dividing of the Presbyterian Church of Scotland , and makes the Bonders ipso jure the true Separatists & Fomentors of Division : But this is such a Bond : Ergo. That the giving of this Bond ( or the allowing of it by a publick Vote of Ministers ) doth really yea natively tend to the divi●ing & breaking of the Presbyterian Church of Scotland is too palpable by doolfull experience , that it should be den●ed or questioned : Likewise That the Givers & allowers of this Bond are ( theri● ) the only true Separatists from their dissenting Bretheren , and so the only C●eators of new divisions & fomentors of the former , is manifest from these two : 1. That they did coram Consult and Assembly-wayes Conclude the Lawfulnes of this Bonding yea & some of them did actually accept of the Liberty granted the●eby , and preached therupon , without first hearing & pondering of what dissenting Bretheren had to offer against it . 2 Their Bretheren who dissented from them herin , doe as yet continue in statu quo prius , in the same state & posture they were in before yea & in that same judgment & practice anent this Bond , which our Church was formerly of when most resplendent for Reformation ) that is , they preach & hear upon their perill as they have formerly , for refusing to give such homage & subjection to ane Invading Adversary in the matters of God & of his Church , as by this bondadging Bond they wold certainly be obliged to give ; wheras the Bonders have fallen upon a new & un●roden path , which is altogether unknown & a by-road to the Reformed Church of Scotland either as to her Principles or practices . And this leads me to the nixt . 5. It is a Scandall for any Minister or Professor of the Church of Scotland to give such a Bond for obtaining externall liberty to Ministers to preach , as never hath been given in any Church ( so far as we know ) far less in a Reformed Church , and least of all in so pure a Reform●d Church , as Scotland , till now : But this is such a Bond as never ( let but one parallel instance be produced to disprove it ) was given &c. Ergo. We read I confess in our Church-Records That in the year 1596. there was a Bond imposed by the King & his Councill to be subscribed by every one of ●he Ministry , under the pain of losing their stipends ; whereby they were to Confess That the King was their soveraign ●udge to them & every one of them in all Causes of Sedition & Treason , & other Civill & Criminall matters , & to all their speehes which might import the said Crimes , albeit uttered by any of them in pulpit or any other place &c. Which Bond they joyntly & unanimously refused to subscribe ( though otherwise they mostly granted upon the matter what was required of them , as in their Explication of Mr. David Black 's Declinature & else where they insinuate ) and that for XI Reasons which they gave then against the same , as may be seen in the History . 6. It is a scandallous Bond that is tendered , & when tendered is accepted by the Tenderers as the speciall signe & Test of Mi●isters their now at length succumbing unde● & yeelding up the Cause which hes been so much controver●ed , & so long con●ended for ; and so a virtu●ll ( at least ) Ingadging no more to oppose nor Contend against , but peaceably to rest satisfied with all the past & future overturnings of the work of Reformation , but specially with the manifold Invasions made upon Christ's Prerogative & the Churches Priviledges . Bu● &c. Ergo. 7. To ingadge in a Bond the termes wherof doe not only admitt of , but are commonly taken in a sinful● & scandal●ous sense ( suppone that the Ingadger should really not ingadge in that sense ) and yet not to declare , that he does not ingadge in that sinfull & scanda●lous sense , is both sinfull & scandallous ; for in such Cases ( as al●o in most , if no● all Cases of Scandall as such ) I conceive that Idem est esse & apparere , as to these to whom the scandall is given : B●t so it is in this busines of the Bond : Ergo exce●ding scandallous . That the termes of this Bond are both lyable to , and also commonly taken in a sinfull & scandallous sen●e ( at least by the more tenderly zeal●ous & judicious ) in our ●ayes , and as matters now stand is undenyable from experience . 2 That the sense of the Imposers is also sinfull & scandallous is manifest from what is already said in Explication of the Bond. And 3 That such as have already ingadged in this Bond , have not as yet declared , to the Imposers at least , that ●hey have not or would not ingadge in that sinfull & scandallous sense , is likewise manifest from matter of fact . The like may be said of the Ingadgers not protesting publickely against all or any of the innumerable evills , that are either implyed , exprest in , yea or commonly supposed to be inseparably connected with this bonding . Hence 8. It is scandallous for Presbyterian Ministers to ingadge in a Bond which is commonly suspected by most of the pious , faithfull , tender & judici●us in the Land ( yea & by Strangers also & men of other Principles ) ●o be inconsistent with Presbyterian Principles , and yet not to assert & vindicate either by Word or Write their Presb. Principles ( which are exposed to so much Reproach & Igno●iny by such Bondings ) or testify against that Usurped power by which they are so much invaded , & from which the imposing of such Bonds doth natively proceed as from their genuine source & fo●ntain ; Thus I say to ingadge , is very scandallous : But Presb. Ministers have ingadged in such a Bond , & yet have not &c. Ergo. Yea give me leave to say , How scandallous and reproachfull is it even to the dis-sentient & true hearted Presbyterians in Scotland , not to have either by Word , or Write , entered joyntly , a faithfull● free , positive , publick & plain Protestation ( whither in the face of the late Assemblers who voted for the lawfulnes of this Bond , or otherwise ) against this anti-presbyterian ( to say no worse ) and divisive Bond ; that so a standing witness might have been preserved & perpetuate to Posterity against this as one of the most gross steps of our defection and that the mouths of many both at home & abroad might be stopt , who stand not to say & hear said That the whole Ministry of Scotland are for the lawfullnes of this Bond , at least few or none avowedl● or publickely against it . 9. It is scandallous to give a Bond that hes but the appearance of our Ceding from Contending any more for Christ's undoubted Preroga●ives , the Churches intrinsick Priviledges● just freedom of his Ambassadours &c. 2 Hes the appearance of Condemning all our own & ou● Predecessors wrestlings & Contendings fo● these & their peremptory refusing & protesting against all Bonds of this or the like nature . 3 Of dis-couradging the heart & weakening the hands of all such as have hitherto , or are as yet indeavouring to keep a distance from all such Ingadgements as having the appearance of evill . 4 Of hardening & confirming open Adversaries in all their wicked Invasions , particularly their sinfull & sacrilegious Supremacy , and incouraging them by such bondings to advance the same higher & higher as they doe . 5 Of being weary of the Cross of Christ & mistrusting of Gods faithfulnes to deliver from , o● carry us cleanly thorow this dangerous difficulty , as he hes done thorow many of the like natu●e . But 6 more particularly the giving of this Bond hath at least the appearance of ( if it be not a down-right ) condemning the practice & peremptoriness of some tender & zeallous among the people of late , who by choice● have suffered the most opprobrious of deaths , ere ●hey wold so much as Consent , to take a Bond by many degrees more plausible & tolerable then this of the Ministers , and attended also with incomparably stronger Temptations . 10. It is Scandallous ( & more specially for Ministers of the Gospell ) to ingadge in a Bond , which as imposed is either contrary to , or al●oge●her withou● express Scripturall Qualifications , when the matter therof is enjoyned in the Scripture only with these Qualifications : But by giving of this Bond the Binder ingadgeth in such a Bond : Ergo. That the matter of this Bond ( viz to live peaceably ) is injoyned in the Scripture alwayes with some annexed qualifications & restrictions is manifest from many Instances , which for brevity I omitt now to cite , but shall touch some of them afterward in answering to Objections . 2 That this Bond is imposed by the Councill & accepted by the Bonders without expresse mention of these scripturall qualifications , is undenyably evident from matter of fact . 3 That the termes therof are commonly now taken & also to be understood in ane Anti-Scripturall or sinfull sense , is already proven . 11. The matter ingadged unto in this Bond is either 1 Clear & Indispensable duty ( I say Clear , because he that doubteth is damned , and what soever is not of faith is sin ; and Indispensable , because otherwise they shall never prove it to be free of sin , it being attended with so much scandall ) in the present Circumstance of affaires : Or 2. it is a clear & manifest sin : Or 3 it is a matter merely Indifferent : Or 4 it hath more appearance of duty then sin : Or 5 more appearance of sin then duty . That it is not the 1 , and that it is the 2 , is already sufficiently made out . The 3 it cannot be , seeing it is a matter of so much weight and importance to the whole Church of Scotland . And that it is not the 4 , but the 5 may appear ( beside from what is already said ) from this . That the Bonders themselves , and the Allowers therof are more taken up & exercised how to excogitate Defences ( or ra●her pre●ences ) for clearing this their bonding not to be a sin then to adduce invincible Arguments ( which cannot be had ) for proving it positively to be a necessary duty , or the refusing therof to be a manifest sin ; which shewes plainly that they have a sort of doubting & diffidency in defending this busines , as being some way apprehensive or affraid ne lateat anguis in her●a least there be some thing really sinfull in it ( bei●g somuch cryed out against & abhorred of the most Godly , tender & zeallous in the Land ) and because it must first appear not to be a sin , before it can appear to be a positive and unquestionable duty , therefore they find themselves more conce●ned , how to take off ( if possible ) the appearance or visage of sin from it , then to give it the splendor & colour of a clear & indispensable duty . Witnesse this , their Vote for the giving of this Bond , which they thought fittest to expresse in negative termes . 12. I wold in all humility & sobernes inquire● What is the main motive & Impulse that drives these Ministers now to this Bonding ; Either it must be the desire they have of externall ease & quietnes , temporall advantage & accommodation , the Courts favour & protection , applause of men , or some such carnall end ; Or else their great motive & designe must be the advancement & propagation of the Gospell , and so the edification of the Church . If the former , then they thereby declare themse●ves to be perfect Hirelings & worldlings , which we will be loath to assert of them . If the latter , then it is either the edification & advantage of ou● Church in generall , or of some particular Congregations therin : the former by giveing & observing of this Bond cannot be had , as is already proven in the 8 Arg. of the 1 Head : If the latter , then it is either the good of a few Congregations as conducible to the good of the whole● or as inconsistent therwith : The former cannot be , as is clear from the forecited arg . And the latter ought no● to be , Because ( as is already said ) no particular advantage ought to interferre with the publick good ; Besides , Christ is said to have given ●o his Church , Past●rs , Teachers &c. for edifying of the BODY ( to witt of his Church ) and not for edifying some petty particular members therof only . Thirdly from the many Inconveniences wherwith this Bond is loaded & attended , we may argue against the same as followeth . THat Bond which hath exceeding great & many Inconveniences attending or following the giving of it , ought not to be given , unless it had also as many & great advantages as might preponderat these Inconveniences or disadvantages ( which it ha●h not as may be manifest from what is above said , but shall farther more particularly appear : ) But this Bond required of Ministers hath &c. Ergo. For 1 the giving of this Bond bringeth the Minister into a great strait : 1 Either to conceall some part of the whole Counsell of God , which may readily be interpreted by the Councill , a breach of his peaceable Living , and so by his unfaithfulnesse & sin●ull silence offend both God & the godly ; or else by declaring the whole Counsell of God , & boldly preaching his presbyterian principles irrita●e the Anti-presbyterian Rulers , and so indanger both his Liberty to be forfaulted & his person to be punished . 2 Either to present himself when called for by the Councill & Cautioner , or else to hazard the Cautioners paying of the penalty for non-compearance , & so dis-oblige him who hath done him such a kindnes as to procure him the externall liberty to exercise his Ministry , by binding for him under so great a summe , and instigat also the Magistrate against him , and so purchase to himself the name of a perfidious & Contumacious person . 3 If he present himself & compear , then either to decline the Councill as Competent Judges in the matter of his Doctrine ( which may cost him no lesse then his Head ) or o●herwise silently to suffer them go on in cognoscing , judging or condemning his Doctrine of Scisme &c. ( And so yeeld to the Civill Magistrat a power to judge immediatly & authoritatively of Ministers Doctrine ) or Censuring by silencing , deposing , or otherwise punishing him , as they shall please to determine his alleadged unpeaceable living doth demerite . 2. It is Inconvenient on this account ; That it becometh a great temptation to the Cautioner to persecute the Minister by presenting of him ; especially if he apprehend that the Minister hath needlessely done or spoken that thing or word , for which he may be charged by the Councill as ane unpeaceable liver ( which may very readily fall out ) or if he be unable to pay the summe , or if he be so wickedly sett , that he will rather venture the Ministers neck then to pay such a penalty himself for not presenting of him , or if he be in some hopes & expectation to bring the Minister faire off though he present him &c. I say this is very Inconvenient , and therefore ought to be avoyded . 3. Hereby is occasion given ( if not a reall ground laid down ) not only for the Cautioner or Councill to persecute the Minister , but also for any malevolous person who carries the Minister or his Cautioner at ill will , to pitch a quarrel with him , by gathering either from his Doctrine , deportement , or ordinary discourse , any thing which may have the least shadow in law That he hath broken the peace whereto he is ingadged , or though they can catch nothing in the Ministers carriage wherat they can carp , yet they may either out of their own malice , or by the bribery perswasion or instigation of others swear to his prejudice , and so by delating him get him delivered up to the lust of these whose tender mercies are cruelty , or else the Cautioner to pay the penalty . 4. The giving of this Bond is a bad preparative & exemple for incouraging all Magistrates both at home & abroad , present & to come , either to require & receive the like Bond from Ministers , when ever they take up the least jealousy or prejudice against them ( though probably without any ground ) or else to put them from the peaceable exercise of their Ministry , and to debarr others also ( not admitted ) from accesse to the exercise therof , untill such a Bond of surety be found & given for them . 5. That Bond is very Inconvenient whereby the Binder doth inevitably bring upon himself or others either sin , scandall or suffering : But by this Bond the Binder doth incurre the necessity of bringing some or all of these upon himself or others , as may be particularly evinced from what is above said : Ergo such a Bond is most Inconvenient . 6. This bonding will at least occasion other Ministers , who either cannot find clearnes in their Conscience to give , allow , or suffer any such Bond to be given for them , or who possibly cannot get any who will venture to bind for them ( fearing perhaps they may be too rackless ( aliàs too faithfull ) in their preaching ) or these who are particularly exempted in the proclamation from this Liberty ; It occasions , I say , all such Ministers to be exposed as the only butt of the malice & persecution of the Rulers , if they shall presume to preach without their warant & Licence . 7. This Bonding is very Inconvenient , That thereby the Cautioner & Parishoners are tempted to give to their Minister carnall & sinfull advice ( viz. that he utter nothing which may irritate the Rulers , or may be interpreted unpeaceable Living &c. ) the Cautioner out of fear , least he be put by the Councill to present him , or else pay the penalty ; the People , lest they be deprived of their Minister : and thus the edification both of people & Cautioner is marred & obstructed : But this is such a Bond : Therefore . 8. It is Inconvenient also upon this account , That the Cautioner doth bind his Heirs & Successors together with himself : for 1 they may be either Children or fools . 2 They may be unable to underly so great a summe . 3 They may be of an other or contrary Judgement anent this Bond. 4 Though they be once of the opinion that there is no sin in it , yet they may afterward ( as also may the Cautioner himself ) alter their judgement and see the evill therof , & be made to smart for it , as many have done in the like cases , for doing things of far less import , & having less appearance of evill then the giving of this Bond. But the truth is , it is as impossible to make a full enumeration of all the evills & Inconveniences that are either wrapped up in , or may follow upon this way of bonding , as it is to number or foretell all the particular occurrents & circumstances that shall afterward come to pass in reference thereto . In a word , it is Sinfull , Scandallous & Inconvenient to doe or allow to be done that which hes but the appearance of evill in it , which this Bonding cannot be denyed to have . I shall now indeavour to obviat or remove what some doe alleadge in defence of the lawfulnes of giving this Bond ; as . 1. That the Scripture expressely commands what is required by this Bond. viz. to live peaceably ; as may beseen particularly in these Rom. 12 : 18. Heb. 12 : 14. Ps. 34 : 14. 1. Pet. 3 : 11. 1 Thess. 4.11 . ● Tim. 2 : 1 , 2. Rom. 14 : 19. Jer. 29 : 7. &c. Therefore such a Bond ought to be given when required . Answer 1 , Either these Scriptures doe command absolute peaceable living , and illimitedly as to times , places persons &c. or they doe not : If they doe , then how shall that Scripture hold ( for the Scriptures here adduced command us to live peaceably not so much with Magistrates as with men in generall ) Eccles. 3 : 8. There is a time of war & a time of peace ; or that , Luk. 22 : 36. He that hath no sword let him sell his garment & buy one ; and the like ? If they doe not , either then they say nothing to the purpose in hand , or else the Objectors are holden to prove that they are parallel to , & so conclusive in our present circumstantiate Case . 2. suppose that these forecited Scriptures ( commanding to live peaceably ) were held forth in as generall & indefinite termes as this present Bond ( which is manifestly false as shall presently appear ) will it yet follow , That therefore such Scriptures were absolutely & universally concludent , and ought not to admitt of any exceptions or restrictions whatsoever , because held forth in such termes ? If you 'l affirme that in such a case they ought not , because where the Scripture makes no difference nor restriction , we ought not to dinstinguish nor ●estrict ; I answer , by the same Reason then I may argue from Matth. 5 : 39 - Resist not evill , & infe●re therefrom ; ● That therefore we ought not to resist any manner of evill ( for the termes are generally & indefini●ely exprest ) & consequently not to resist sin nor Sathan ; to which if you should answer , that such a laxe consequence were very inconsequent , because ( say you ) it is not the evill of sin that there we are discharged to resist , but the evill of punishment , or private & personal injuries , might not I ( according to your own way of reasoning ) reply , that the termes of this prohibition Resist not evill , are generall , illimited & indefinite , and therefore universally conclusive and where the Scripture distinguishes not nor qualifies & restricts we ought not ; and then what is become of your argument ? But if you should answer here That though that particular passage of scripture doth not characterize nor discriminate what sort of evill we are to resist & what not , yet many other parallel places doe : Even so say I , that although one particular passage of Scripture may command peaceable living in generall absolute & indefinite termes , yet other parallel scriptures doe expressely qualify & restrict the same ; so that the former axiome will not alwayes hold unless it run after this manner where the Scripture ( viz Complexely considered as to the whole , & collatively as to particular passages therof ) ● neither● expressly distinguishes , nor gives any ground for distinguishing , we ought not to distinguish ; which I take to be very true . But 3 Though none of the foreci●ed Scriptures made any mention of the qualifications & Conditions of peaceable living , yea suppose all the Scriptures of the Bible relating to peaceable living ( except one particular passage ) were so generally & indefinitly exprest , as that indeed they seemed to command absolute peaceable living without any limitation ; yet though there were but one passage in the whole Scripture , that either expressly mentions , or so insinua●es these qualifications and restrictions of peaceable living , as therupon we have good ground to qualify and restrict the same , I say that even that one passage is to be the rule & standard by which all the rest ( indefinitly so exprest ) are to be interpreted & understood in reference to peaceable living ; not contrariwise . 4. It is not so much the generality & Indefinitnes of the termes ( to live peaceably ) that makes us hate & abhorre this Bond , as it is the sinfull & sinistrous sense that the Councill hes put upon it ; neither will it follow , That because the Magistrate doth not expressely declare in the Bond it self , or at the imposing of it , his sinfull sense therof , therefore no where else hath he declared it , or that the Bond is left arbitrary to our sensing ; no more then it will fol●ow That because the Scripture in one or moe particular passages does not expressly mention the Conditions & Limitations of peaceable living , therfor other parallel places , or the Scripture complexely taken makes no mention of them , nor insinua●s any ground for them or that they are left arbitrary to any mans frameing o● coyning 5. Though the termes of this Bond were never so sound in thesi & as they are proposed , Nay ( which is more ) although they were never so expressely Scripturall , yet when once the right sense & meaning therof comes under debate , or a sinistrous is suspected to be either ●atent or declared , I say that we ought not ingadge even in such a Bond without protesting ( at least in generall ) against any sinfull or sinistrous sense that can be put upon it , or in particular that which is suspect to be latent in the termes thereof ; Which yet is to be received with caution according to what is said above in Explication of the nature of Liberty . But 6. Even these very Scriptures adduced against the Refusers of this Bond are so far from commanding us to live peaceably in such a generall & indefinite sense as is insinuate by the Objectors , or in such a sinfull sense as required by the Imposers , that on the contrare the express qualifications & Conditions mentioned in these Scriptures ( both in ●he Text & Context ) doe exceedingly favour the Refusers , yea & which may serve as so many Arguments for them against the Objectors , as may appear thus : Rom. 12 : 18. If it be possible , as much as in you lyeth , live peaceably with all men ; from which we may gather That if it be not possible for us simply , or if not possible with a good Conscience ( as in our case it is not ) we are not to live peaceably &c. So Heb. 12 : 14. it is commanded that we follow peace with all men ( but remember what is connected with it ) and holines . Ergo we are commanded to follow peace only in so far as holines goes along with it . Also Ps. 34 : 14. & 1 Pet. 3 : 11. we are commanded to seek peace and persue it ( but what sayes the former part of the same verse ) depart from evill & doe good . Likewise 1 Tim. 2 : 1 , 2. I exhort therefore — that we may lead a quiet & peaceable life ( but how must it be qualified ? ) in all godliness & honesty : The Reason therefore why we are to pray for Kings &c. is not that we may lead a quiet & peaceable life simply , but that we may lead it in all godlines & honesty ; and so by consequence it is not lawfull for us to bind our selves to lead a quiet & peaceable life simply or absolutely , but thus q●alified . Likewise Rom. 14 : 19. Let us therefore follow after the things which make for peace ( but stay take the other half a long ) and things wherwith one may edify another . As for the other place 1 Thess. 4.11 . I see not how it makes for the present purpose , it is true it is there said , That ye study to be quiet &c. but consider also what followes in the beginning of the nixt verse , That ye walk honestly &c. So likewise 2 Kings 20 : 19. Is it not good saith Hezekiah ) that peace & truth ( Ergo not good that peace alone ) be in my dayes . And Zech. 8 : 19. Love the truth & peace . And many mo● the like . From all which it is more then manifest , That we are not commanded to live peaceably , seek peace , love peace &c. ( far less to bind our selves thereto ) absolutely & simply , but only in so far as that peace or peac●able living is consistent and accompanied with godlines , truth , edification , holines , honesty &c. As for that Scripture objected from Ier. 29.7 . where the people of the Iewes are bidden seek the peace of the City ( even of Babylon ( whither they were carried Captives ; I answer ( 1 ) Let the Objector make the parity between the two Cases , and then I shall consider how to make ane answer to the Objection . But ( 2 ) to make the dis-parity appear , the scope of this Command is to intimate to them , that it was the determinate purpose of God , that they should continue in their Captivity for a long time viz. 70. yeares ; and therefore that they should quietly submit to , & rest satisfied with their captivate lot till the time appoynted , and in the mean while to build houses , plant vineyards take wives &c that they might be increased there ; and so they are to seek the common peace & preservation of the City or Incorporation where they lived , & wherof by Gods dispensation they were made members . Hence ( 3 ) the Reason why they were to seek the peace of that City is , not because they were thereto Commanded or required by the King of Babylon or his Councill ( as it is in our Case ) but the Reason therof is given to be this , for in the peace therof ( sayes he ) shall ye have peace ; and so they did no less then what the● Law of mutuall & self-preservation did oblige them previously to this positive Command : But I question much if the same Reason that is there subjoyned to this Command will have place with us ; that is , I much doubt if it may be said in our Case , That in the peace of the Prelatists ( or Imposers of this Bond ) shall ye ( viz. Presbyterians ) have peace ; or at least , That the Presbyterians peace is so inseparably connected with , & bound up in theirs , as the Jewes their peace was in the peace of the City where they were Captives . ( 4 ) From this Command I cannot see how the Jewes were obliged to give Bond ●or absolute peaceable living , though it had been required of them by the King of Babylon or his Councill their then Superiours ( far less that it can be therefrom inferred That we are bound to give this Bond ) because such a Bond wold directly have condemned the same prophet Ieremiah who alloweth the Inhabitants of Zion to pray . That the violence done unto them & their flesh might be upon Babylon ; and the Psalmist Ps. 137. v. last , who prayeth for a bloody day upon these Babylonians ; yea & pronounceth them blessed who should dash their litle ones against the stones : And when they refused so much as to sing the songs of the Lord at their bidding , lest they sho●ld seem to have forgott the quarrell of Ierusalem & the Injuries done to their God , their Temple & Religion &c. How can any man imagine , or Divine affirme , that they ought to have given such a Bond unto such ? Wold they not rather that their tongue had cleaved to the roof of their mouth then to have Consented , and their right hand to forget her cunnig then to have subscribed such a Bond ? ( 5 ) If this were a good way of Reasoning , then Lot who was a member of Sodom's Incorporation ( & so bound to seek the preservation therof for his own preservations sake ) had been obliged if thereto required by the Sodomites , to bind for absolute peaceable living with them , and then how should this have consisted with his dayly contending with them for their vile abominations , & his indeavouring to restrain them therefrom ? I know some are pleased also to Object Prov. 23 : 23. Buy the Truth & sell it not and so it is not only lawfull ( say they ) but also commendable in them , who , ere they be deprived or made destitute of a pure & peaceable dispensation of the Gospell preached by Christs sent Ambassadours , they will rather tran●act with the Magistrat & ingadge for the Ministers peaceable behaviour , & presenting of him unde● the pain of paying a great summe of mony ; To which I Answer ( if such ane Objection may be counted worth the answering ) ( 1 ) That the Cautioners paying the 6000 Merkes is so far from procuring the peaceable preaching of the Gospell , or being accepted by the Magistrate as the price of the Liberty granted by him for the same ( far less as the price of the Truth it self which they have not to sell ) That on the contrare the paying therof is not only a punishment inflicted on him for breach of his ingadgement , but a certain evidence that he hath forfaulted that Liberty so bargained for . ( 2 ) It is one thing to buy the Truth & not to sell it , & quite another to buy externall peace & protect●on by selling the Truth or any part of it , which may justly be charged upon the Bonders , as appeares from what is already said . But ( 3 ) It is a question whither we may so formally bargaine & transact with the Civill Magistrat ( especially one who hes usurped all Church-power in Church-matters & by Church-mens Ceding to such bondings & barganings takes occasion & incouragement to advance his sinfull Supremacy ) as to offer him a summe of mony for obtaining Liberty to preach the Gospell in his Dominions ; which Liberty he is so indispensably obliged to grant previously to , and without any such Tran●action . 2. Ministers ●re subjects as well as others Therefore they cannot refuse to give or allow this Bond for their peaceable living . Answer 1 , I easily grant with all our Protestant Divines , that Ministers are subjects as they are men & members of the Common Wealth ; I am no Papist to deny subjection of Clergy-men to the Civill Magistrate in things Civill , But 2 I deny that Ministers as Ministers , or Ministers in discharging their Ministeriall function , are subject or accountable ( at least primâ instantiâ ) to the Civill Magistrate : But this Bond is required of Ministers not only as subjects ( for then how comes it that it is not also imposed upon all the rest of the subjects ; ) but mainly as Ministers , because ( 1 ) it is required of them as the Condition without which they cannot be admitted to the exercise of their Ministry . ( 2 ) Because thereby they are qualified & restricted not only in the externall exercise but also in the very Essentialls of their Ministry . 3 , I deny that either Ministers or other subjects ought to give Bond for peaceable living in such absolute termes as this Bond is held forth in . 3. Peaceable behaviour is necessarily included in the Oath of Allegiance as a part thereof . Answer 1 , I concede that subjects , & Ministers as subjects , are under the ty of Allegiance to their Civill Magistrate , whither they come under a formall , explicite & personall Oath or not , and that they are bound to live peaceably in all dutifull subjection & obedience . But 2 if by the Oath of Allegiance be understood a Bond without Condition or Limitation , obliging absolutely to peaceable living , then I deny that the Magistrat may require , or that the subjects ought to ingadge in such a Bond ; otherwise I deny this Bond ( as now it is imposed ) to be a part of , or included in the Oath of Allegiance . 4. Any subject may require of his fellow subject Law-borrows , & get him obliged to keep the peace ; Therefore much more may the King & Councill require , & subjects ought when required , to give a B●nd for peaceable living . Answer Though the Cases aggree thus far , that both are Bonds to keep the peace , yet the disparity is very considerable , as : 1 In the one Case the King & Councill , as they challenge to have the only power of framing whatsoever Bonds they impose upon their subjects , so by that same power they put what sense & exposition upon these Bonds ( for ejusdem est exponere cujus est imponere ) they please , & require obedience only in that sense , & judge of obedience or dis-obedience according thereto ; in the other Case between Subject & fellow-subject it is not so . 2. In the one , the Magistrate is both Iudge & Party ; in the other , neither of the parties is Judge to the other , but the Magistrat is ane indifferent Judge to both . 3. The King & Councill have declared their sense of the termes of this Bond to be so sinfull & sinistrous , that no Presbyterian can engadge therin without impeaching his presbyterian principles ; in the other , it signifies nothing what be the sense of him who requires the Law borrows , as to any prejudice his fellow-subject can sustain thereby , seeing he hath neither the termes in his own framing or sensing , nor is the other bound to give obedience in his sense any further then as it is the sense of the Magistrate . 4 Law-borrowes are ordinarly ( at least ought to be ) exprest in so full , plain & particular termes as both parties may easily understand in what derterminate sense obedience is required ; in our Case it is far otherwise as to this Bond. 5 , Ministers being the subjects & servants of a King who is above all mor●all Kings , may not take such a latitude in matters relating to their Ministeriall function & freedom , as others may in reference to their personall or Civill Concernes . 6 , To ingadge to live peaceably in that sense the Law-borrowes requireth is very just & lawfull in it self , which is only to doe no harm or injury to our nighbour either by word or deed ; But as to our present Bond the termes therof as they are sensed by the Magistrate ( in whose sense only the Bonder must ingadge , as above ) are most sinfull & scandallous , as is already proven at large . 7 , If the Subject who requireth the Law-borrows have declared some evill or hurtfull designe against his fellow●subject ( as in our case the Councill hath against the Presbyterians & Presbyterian Cause , by their declaredly sinistrous & anti-presbyterian sense of the termes of this Bond ) by requiring them , Then I deny that that fellow-subject ought to ingadge in these Law-borrowes , till first he secure himself against the evill of that designe . 5. I● young men ( as some doe say ) entered to the Ministry by giving a Bond to live peaceably in Oliver Cromwell's time without any scruple ; Ergo the giving of such a Bond to our Lawfull Magistrate ought far less to be scrupled at . Answer 1 Though this were true ( as is most false , as it is alleadged ) yet it is no good argument a facto ad jus ; such a thing hath been done , therefore it ought to be done 2. I must say , who soever dare affirm That such a Bond was given ( yea or required ) by all the Intrants at that time , is a grievous Calumniator , and untill he make out what he a●●irmes , let him be accounted by all a Traducer of the Bretheren & a Complyer ( in so far ) with the Enemies of our Reformation , whose malice & despight hath ever run chiefly out against these many worthy & successefull Ministers who entered since the year 1649. 3 If some very few of those Intrans got Testificats from Ministers ( nominat in the paper called the Ordinance ) of their lawfull admission to such a kirk , and of their pious and peaceable behaviour , before they could uplift their stipends , I shall not contradict ; but what is that for a ground to affirm that either all these Intrans did so , or that any of them did give such a Bond as is now required , far less thereby to purchase their entry to the Ministry , wherunto they were already entered , in the actuall exercise therof ? 4 It is also well known , that this way of testificating by that Ordinance was rejected , by all the Ministers of Sco●land nominat therin ( some very few excepted ) who only gave these testificats to a very few also , as abovesaid ; yea the generality of the Intrants themselves wold not so much as require that Testificat for obtaining their stipends from the Councill at that time , far less wold they ever have condescended to give such a Bond as is now required for obtaining the externall liberty of exercising their Ministery . 6● To refuse a Bond for peaceable living , when required by our Magistrat , were very scandallous , and that which we could not justify before the Churches abroad . Answer . 1 Though the contrary of what is here objected be more then sufficiently made out above , in the arguments of the 2 Head , yet let me say , I wish they who are pleased thus to object had been as tender of giving scandall & offence , some of them by deserting the work of their Ministery ( though so urgent a necessity was laid upon them , by their Call & Admission to that sacred function , by the great scarcity of the meanes of spirituall Life , by the earnest Invitations of the poor famishing Flocks &c. ) & rendering themselves in a manner useless & idle in their Church & generation ; Others by their sinfull silence or ambiguous speaking , as to a plain , seasonable , faithfull & peremptory testifying against the horrid defection of the Land , and by their many other scandallous cedings & complyings with the iniquous Lawes & Commands of men , to shunne & shi●t the Cross of Christ , and purchase to themselves so scandallous a way of living peaceably under the yock of bondage ; I say , I wish they h●d been as tender in giving scandall these wayes as they pretend to be in this . 2 If this be scandallous to abstain from all appearance of evill , whither of sin or scandall , & particularly from this Bond , as having at least the appearance of both ( as is evident from what is above said ) then I confess that tendernes & care to avoyd & stand aloof from scandall , must be scandallous ; for on this very account is the Bond refused . 3 , Neither will I deny , but refusing to give this Bond may indeed displease & irritate such as challenge to themselves a brutall submission to , complyance with , & acquiescence in what soever sense they are pleased to put upon it ; as also these who are so head-strong & hardy ●or bringing themselves & their Ministry into bondage by this Bond , that doe Rulers what they li●t against Christ , his Church & Gospel● , yet they are resolved to obtain & enjoy their Liberty ( such as it is ) by it , though they should even compear & publickly pass their tryalls before the Councill in order thereto . But 4 I wold fain know what Forraign Reformed Divines ( acquainted any wayes with the state of our affaires & Controversy with Prelates , Papists & Erastians ) are or will be scandallized at the refusing of a Bond so scandallous : Alas ! the contrary is too too apparent , yea palpable , as is hinted above , & a little time will more fully manifest . 7. But the Magistrate hath conceived jealousy of Ministers ( at least some of them ) who are to have this Liberty , viz. that they are turbulent , factious , disorderly & unpeaceable ; And therefore for removing such a jealousy , this Bond ought to be given now since it is required . Answer . 1 , Though I am fully perswaded that both this Bond & the Proclamation wheron it is founded doe indeed insinuate & suppose that the Presbyterian Ministers , are not only guilty of factious & rebellious Courses formerly , but that they are also still propense to break out into the same disorders & irregularities , unless they be chained up by such fettering & foul-fac'd favoures , as now are tendered ( upon which account it is already proven to be at least scandallous ) yet I say , there is either just ground for this jealousy , or there is not : If not , I doubt if they be obliged to remove a groundles jealousy , any further then by clea●ing to all , that there is no ground for it ; & by their walking so circumspectly and irreprehensibly , as they may have a Conscience voyd of offence both toward God & man ; and that they patiently bear such groundless jealousies & reproaches flowing therefrom as the Reproches of Christ. If there be any just ground for the said jealousy & suspicion , then this must either be given from their principles or practices . That there is just ground to suspect their Presbyterian principles , no true Presbyterian will affirme ; and the contrary is well known from their publick Confessions , Catechismes & Covenants : If from any thing in their practice this jealousy proceed , then let this be particularly instructed against them , which we hope cannot against the Presbyterian Ministers of Scotland ; except it be said That Ministers in following their necessary duty , by preaching in houses & fields , without or against the Rulers Licence , their testifying & protesting against their iniquous Lawes & persecution , & the Common defection of the Land &c , have thereby given just ground of jealousy to the Magistrate ; which none dare affirme , unless they dare also reflect upon the practice of Christ , his Apostles & all his faithfull Ambassadours in times of defection & persecution . But if any will yet alleadge , That some have given at least too just occasion of such jealousy in our time , Let them charge it on them , and let them answer for it , for the Presbyterian Ministers in Scotland who refuse to enter by this Bond , will not take with the Challenge or Charge , either as to their principles or practices , but do dis-own , yea detest it as most injurious & calumnious to both . But lest ( not withstanding of all that hes been hitherto said ) I or any others , who object against the giving of this Bond for Ministers peaceable Living , should be mistaken or mis-represented as dis-loyall , seditious , or dis-affected to the Civill Government & Magistracy ; as ordinarly all such ( who peremptorly plead for the Interest & Rights of Christ & his Kingdome , and upon that account find themselves often under a necessity of obeying God rather then men ) have been in all generations , and as much this day as ever , are branded with these aspersions ; though we are most willing to render first & chiefly unto God the things that are Gods , & secundarly to Caesar the things that are Caesar`s ; I say , lest our objecting against this Bond should be thus mistaken● I shall set down a few of these Principles or Positions which true Presbyterians , and Objectors against this Bond , do conscientiously hold , in reference to the Magistrate , as I That God who is the God of order hath institut & ordained Magistracy in the Common-Wealth , for the common good of Humane & Christian society . II That the Magistrate is the Minister of God for good to them that do good , and a Revenger to execute wrath on him that doth evill . III. That the Authority or power which God hath given him for incouragement to good workes & a terror to evill , is not to be resisted . IV. That all persons within the Magistrat's dominions , of whatsoever station , quality or employment , are to be subject to this Authority , & give obedience thereto according to the word of God , not only in respect of the matter commanded , but also with respect to the Authority commanding . V. That the Magistrat is Custos ac Vindex utriusque Tabulae , the Keeper & Avenger of both Tables of the Law. And that as in generall he is to command all within his dominons to worship God according to his own Word & do that which is just and equall ; so in particular , he is to command & see every one performe the duties of their respective functions & sta●ions ; and consequently Ministers also & Church-officers to do the duties of their particular places , and that under the pain of Civill Censures & punishment . VI. That the Magistrat's power is nei●her subject nor subordinat to the Ecclesiastick , no● to be confounded with it ; but is specifically disti●ct from it , and cöordinat therwith : yet the Magistrat as a Christian & member of the Church , is subject to the Ministery ; as also the Minister as a member of the Common Wealth , is subject to Magistracy ; that is ( as our Divines expresse it ) A Cöordination of Powers and a ( mutuall ) Subordination of Persons . But VII . Though these Powers be Cöordinat , yet they are not properly Collaterall or Coequall ; because they are neither of the same nature , extent , nor externall eminency , neither are they derived formally from the same fountain , the one being from God as Creator & Governour of the world , the other from Jesus Christ as Mediator & sole Supreme Head of his Church . VIII . As there is no action how Civill or secular soever ( providing it be done by a Church-member ) but as it relates to Observance toward God , it comes under the cognizance of the Eccle●iastick Iurisdiction ; so there is no cause , action or thing so sacred or Ecclesiastick , but as it respects the externall peace of humane society , belongs to the Civill Jurisdiction : the same individuall action then ( though in diverse respects ) may fall under the cognizance both of the Ecclesiastick & Civill Court ; as for instance Adultery or the like , may be the object of Church-Censures , as also of Civill punishment ; in the one , sub ratione Scandali ; in the other , sub ratione Criminis . IX . That the Magistrate may & ought to adde his Civill sanction & Confirmation to such Canons & Constitutions as are ministerially cleared & concluded by Church-Iudicatories : Neither is ●e ●o doe this implicitâ fide , but may judge of them , not only judicio apprehen●ivo & discretivo , by understanding & discerning these Canons in themselves , but also discursivo & deliberativo , by cognoscing , if they be agreeable to the Word of God & sound Reason● ; in which case he doth ( as a learned Divine saith ) judicare , but not Iudicem ager● : But of these Canons and Conclusions he hath not power to cognosce & determine judicio definitivo , decisivo or legislatorio , except only in reference to his own Act of ratifying & corroborating them by his civill sanction . X. This power of the Magistrate as to Church-affaires is Cumulative , not privative ; defensive , not destructive ; Imperative & Coactive , not Elicitive ; Objective , not formall ; Corroborative not Abrogative ; Sancitive , not L●gislative ; not sacra properly , or in Sacris , but CIRCA SACRA ; He is a Nursing father to the Chu●ch not a step-father &c. XI . That the Magistrat's power in ratifying Church-decrees , and commanding obedience thereto , is not servile ( though in some respect it may be called subservient , viz , to Ch●ist the great Law-giver of his Church who declareth his will by his Ministers ) nor meerly executive as the Churches servant but imperative , princely , & s●preame . XII , That , as when the Magistrate goes beyond his sphaere in judging & cognoscing Causes purely spirituall & Ecclesiastick , he may in so far be declined , & appealed from to the Ecclesiastick Iudicatory ; so when Church●Officers exceed the limites of their Iurisdiction , by judging & determining in Civill affaires , they may justly be declined & appealled from to the Civill Court ; and both or any of them , in cases of manifest Injury & oppression ( though acting in their own proper sphere ) may be appealled from unto the righteous & great God ( as the absolute supreme Iudge to whom both are accountable ) and to him only . XIII . As it is one thing to decline the Iudge , & an other to appeall from the sentence : so when the Magistrate unjustly determines in any Civill affair , his sentence may be appealled from , but he cannot for that be declined as a Iudge in these affaires : the like may be said of Church-Officers . XIV . Although we refuse not to yeeld obedience to the Magistrat's Commands except we be convinced in our Conscience of the unlawfulnes of them ; yet we acknowledge & assert that the Word of God alone & not the dictates of Conscience is the adaequate & infallible Rule both of Obedience & Dis-obedience . XV. As the Magistrat may command all acts of Divine worship which are according to the Word of God under the pain of Civill punishment ; so he may inflict civill punishment for disobeying these Commands . XVI . That there is a great difference betwixt a Royall Command enjoyning obedience to Church-Canons , and a nomothetick power to make Church-Canons ; the Magistrate hath the former not the latter : there is a difference also between a formall Rescinding of Church-decrees , & a Civill command not to give obedience to these decrees ; the Magistrate hath the latter not the former . XVII . As extraordinary Evills require extraordinary Helps , so the Magi●trat may doe many things in a time of the Churches gathering , backsliding or Corruption which he cannot do so long as the Church is in a well Constitut & Reformed Condition : But from this to inferre , That he may demolish the establisht order & fabrick of a right Constitut & Reformed Church , on purpose to give a proof of his extraordinary power , by reduceing the same into order again ; Or that he may make use of this extraordinary power , when the ordinary & appointed means are to be had , & also in case to effectuate the Cure ; to inferre this ( I say ) were both impious & incongruous . XVIII . That the End of Civill Government is not only to obtain a quiet & peaceable Life but also to encourage Godlines & hones●y ; nay , that the end of Mininistry is not so much a quie● & ( externally ) peaceable life● as the end of Magistra●y is godlines & honesty● XIX . That the supreame Magistrat is the politick Head of the persons who make up the visible Church ( viz. as they are members of the Common-Wealth ) but is not their Head as they are members of the visible Church , i. e. he is not Head of the visible Church ; because the Head & members are of the same nature , but the supreme Magistrat as such & the Church as such are of very different natures . XX. That what ever Liberty the Magistrat may lawfully grant to the Church , the Church may not only lawfully accept therof , but may also lawfully supplicate ( if need so require ) the magistrat for it : Though I dare not say that such a Magistrat as doth usurpe all Church-power ought to be supplicat in matters concerning the Church , even for that which otherwise may be lawfully granted & which he ought to grant , at least without ane express protestation against that power which he hath unlawfully assumed ; nor that any person ought formally to bargain with , or bribe any Magistrate with a summe of money for the grant therof ; far less to condescend to sinfull or scandallous Conditions in order to obtain it . XXI . Albeit the Magistrat ought to restore to the Church what ever right or Liberty he hath unjustly taken from the Church ; yet hence it will not follow , That because the Magistrate hath injuriously thrust Ministers out from their particular Charges Therefore he ought to restore with restriction a certain number of them to these Charges again . My reason is chiefly 1 Because in this case the Magistrate doth not restore the same Liberty which he hath injuriously taken , nor to the same number from which he took it . 2 Though he may restore to them a part of their former Liberty & they may accept of it ( viz in order to obtain the whole ) yet he cannot restrict them to a part of it , nor ought they to receive it upon such termes . 3 The Liberty which before they enjoyed did not consist in being confined to particular paroches ( which is all that the Magistrate now grants & that to a very few ) but in having free access to preach in these paroches , or elsewhere as the good of the whole Church should require . XXII . It is much betwixt Magistrates & Ministers in dispensing of spirituall & Church affaires ( as one doth neatly illustrate ) as betwixt the Will & the Understanding ; for Quamvis Voluntas imperat Intellectui quoad exercitium actus , determinatur tamen per Intellectum quoad ejus specificationem : that is , Although the Will doth command the Understanding as to the exercise of the act● yet it is determined by the understanding as to the specificall kinde therof . And Magistracy may say to Ministery ( in matters spirituall & Eccle●iastick ) as Moses said to Hobab Numb . 10 : 31. Thou mayest be to us in stead of eyes . But , as the eye cannot say unto the hand , so neither can Ministry say to Magistracy I have no need of thee . 1 Cor. 12 , 21. XXIII . As it is a matter of great moment & difficulty to fix the just limites & land-marks of the Magistrat's power & prerogative , and of the Subjects Rights & priviledges as to the exe●cise of either pro ●ic & nunc : So it is of no less difficulty & import to condescend upon the most proper & effectuall meanes hic & nunc , for keeping both within the limites of their proper orbe , or curing the extravagances of either ; or to give a just & impartiall decision when either is invaded by the other . XXIV . That in some cases many things may be granted by the People even to a tyrannous Magistrate ( for instance levyes of men , money , armes &c , ) for maintaining him in his civill pompe & grandour ( even though he should alienate the true use & end of these things by employing them for further strengthening & confirming himself in his tyrannicall or usurped power ) which cannot with a good Conscience be granted unto him or any Magistrate whatsoever when he hath expressely declared ( whither at , or before the imposing or requiring of these things ) some pernicious & destructive designe , either against Religion , the Lives or Liberties of his Subjects , which designe he resolves , & would be capacitate by the Granters , to effectuate by such a Grant. XXV . As every escape , error , or act of unfaithfulnes ( even known & continued in ) whether in a Ministers entry to the Ministry , or in his Doctrine or deportment , doth not non-minister him , nor give sufficient ground to with-draw from , or reject him as a Minister of Christ : So neither doth every enormity , mis-demeanure or act of Tyranny , Injustice , perfidy or profanity &c. in the Civill Magistrate , whither as to his way of entry to that Office , or in the execution of it , or in his private & personall behaviour , denominate him a Tyrant or ane Usurper , or give sufficient ground to divest him of his Magistraticall power , & reject him as the lawfull Magistrate . XXVI . Though such a Minister may lawfully be withdrawn from & dis-owned as a Minister of Christ's mission & institution , who either enters to the Ministry by the window ( i. e. in a way unwaranted or condemned in the Word of God ) preacheth erroneous & damnable Doctrine , is grossely scandalous & vitious in his conversation , or is utterly insufficient for such a sacred Function : Yet the case may be , & often hes been ( and whither or no it be ours now , is not mine to determine ) that a People may & ought to submit themselves to the Government even of such a Magistrate who either hath injuriously usurped that Office , or hath so malevers'd in the exercise therof ( by violating the main & most of the Conditions upon which he was admitted to it ) that his Government is degenerat into a manifest Tyranny & Irreligion , and so hes ( de jure ) forfaulted his right to rule as a Magistrate : I say the case of a People may be so circumstantiate , that they ought to subject themselves even to such a Tyrant ; till the Lord clearly poynt forth to them a way , either from his written Word , or some extraordinary impulse & influence upon their spirits , or from indubitable grounds & persuasives of sound morall principles , or such like , whereby they may emerge from under that yock . Hereby I doe not yeeld nor assert , That it is lawfull to give obedience to any unlawfull Commands , or that it is no wayes lawfull for a People to shake off the yock of ane unlawfull & tyrannicall Government : But only , That there may be some cases wherin it is lawfull for a People to yeeld subjection to a lawless Tyrant , and wherin it may be unlawfull for them to perpetrate or attempt their own liberation by externall force ( which abstractly from those Circumstances might be both lawfull , laudable & a necessary duty ) viz. when the thing attempted is either altogether impracticable , the meanes or manner of effectuating it dubious or unwarantable , the timeing of it inexpedient & unseasonable , or the necessary Concomitans or Consequents of the Cure more hurtfull or dangerous then the disease ; or the like : Neither doe I affirme , that under a tyrannicall Government it is alwayes or absolutely lawfull for the people to give passive obedience ( if such a forme of phrase may be admitted which many explode as unaccurate & incongruous ) but only that there is a time which may be called the proper season of suffering , that is , when suffering ( in opposition to acting or resisting ) is a necessary & indispensable duty . XXVII . As a man's subjecting himself to a private Robber assaulting & prevailing against him , is no solide proof of his approving or acknowledging the injury & violence committed by the Robber ; so in many cases a people or person's yeelding subjection ( viz● in matters civill & externall , for I alwayes exeem Conscience & Religion from subjection to any creature whatsoever ) to a Tyrant i. e. a publick Robber , does not argue their acknowledging or approving his tyranny & oppression . XXVIII . As it is one thing to be subject to the Magistrate for Conscience sake and a far other to subject our Conscience to the Magistrate , that is , to be subject for his pleasure sake : So although we may lawfully submitt our bodies & estates to the Civill Magistrate , and in many cases also to a Tyrant ; yet in no case can it be lawfull for us to subject our Conscience or Religion to any Magistrate or mortall , God himself being the immediate , & sole Soveraign Lord of both . XXIX . Although this great & fundamentall truth , that Christ is a King , yea & the only King & Head of his Church , be such as at no time or before no Persons is to be denyed or dis-owned , but freely & faithfully to be asserted , when the circumstances of the Case calls for a Confe●sion : yet Whither or no Caesar be a King , or hath any right to reigne as Supreame in matters civill ? ( even upon suppotion that he is ( jure ) no King , but a Tyrant & ane Usurper ) or such Law-questions as these relating to Civill Government , seemes to me not to be of such import or consequence in Religion , as that we are alwayes bound in Conscience positively to declare our judgement when interrogat theranent , especially when such Quaestions are put to us with a manifest designe to intrap our Lives or intangle our Conscience . We have Christ's own practice for a pattern of such prudence & Christian Caution . But yet I would be loath to condemne , or rigidly to censure such as out of a pious principle of zeal to God & conscience of duty , doe freely & positively declare their judgement ( when posed with such Questions ) though to the manifest detriment of their Lives , they conscientiously looking upon it as a case of Confession . XXX . We cheerfully acknowledge , that it is the duty both of Ministers & People & of every Subject to pray for Magistrates ( whither Supreame or subordinate ) & all whom the Lord hath set in authority over us ; and that not only so long as they continue to rule for the Lord or good of the Land , but even when they become open Tyrants , pe●secutors &c. & continues such : I say , we ought to pray for the Conversion & salvation even of such ; except the Lord should either expressely discharge the same , or by some infallible demonstration declare that he hes rejected them ( which I humbly think we cannot be infallibly ascertain'd of● especially as to particular persons , without divine Revelation ) or else give such clear & sensible ●ignifications of his refusing to hear any prayers for them , & of his displeasure therat , that we dare not adventure to put up such sutes withou● fearing to offend him , & procure his dis-countenance in o●her things that we find clearnes & freedom to pray for ; or the like . Thus , Sir , I have given you some account , not only of mine own , but of ●he judgement of diverse others deservedly esteemed in the Church , with whom I have communicat in the matter of this new Indulgence & way of bonding for ●b●aining the same : wherin ( with some serious desires to the Lord for light & leading ) I have indeavoured to deal as ●ingly & impar●ially ( though in a plain & simple way ) as I can , and studied also to guard against giving occasion of offence o● irritation to any who are otherwise minded . By all which you may likewise perceive what is our judgement in answer to your other Qu●stion , ●iz . Whether the People ought to concurre in calling Ministers who will enter by this Bond ? That not only we cannot advise , but are clea● & determined to dissuade ( as we find access & conveniency ) all ●o beware of Calling or Inviting of Ministers according to the pattern & plat-forme that is laid down by this new Indulgence , as they would shew themselves tender of the Concernes of Christs Crown & Kingdom , as they would not list themselves among the Obstructe●s & Opposers of the free Course of his Gospell , as they would not be counted Enemies to the Ministeriall freedom & faithfulnes of his Ambassadours ; and in a word , as they would not be found accessory to , & guilty of all these innumerable Evills of Sin , Scandall & Inconveniency ( wherof we have mentioned severall in the preceeding discourse ) that are either implyed in , or doe natively follow upon this way of pactioning . It is Likwise thought fit , That the same be communicat by you to others as you shall see needfull & convenient : A●d though we have no pleasure in contending , far less in divulging our Diffe●ences , yet it is found necessary to make this known at this time , for ●hese ( among many other ) urgent Reasons 1 The clear Co●viction , we have of the many Evi●ls & sad ●endency of complying with this new device , as you may see in the above w●itten Arguments . 2 That this is a time wherin , as there hath been , so there is still a continued & impetuous torren● of infecting Defection , and many alas ! already , & moe y●t like to be carried down with it . 3 The firme perswasion we have of that excellent & clear ( though now much controverted & contradicted ) truth , that Iesus Christ the Mediator is the alone King & supreme Governour in & over his own House & Ordinances . 4 The sense we ha●e , & ought to have , o● th● many & grievous I●croachments & . Invasions which have been made upon this his Royall Prerogative , & ou● so ready cedings to , & silence therat . 5 In particular , the multiplied experiences we have already had of the bad fruits and fatall effects of closing with the two-for●er Indulgences , too much approving of & conniving at the ●ame ; and our not indeavouring to the furthest le●gth of du●y to have prevented Complyance therewith by a seasonable , plain & publick Protestation against it . 6 , That such as will not despise , may yet have timeous warning to hold off from involving themselves in this , or any other the like snares for the future . 7 , That the fur●her offending of the already offended & afflicted Remnant ( thorow our sinfull silence & more sinfull complyance with such Courses ) may be prevented so far as in us lyeth . 8 , That this poor Mi●e may be added to all the preceeding Testimonies of the Lords servants , & a witnes continued in this Church against such steps or Courses of Defection . 9 Because most of the dissentient Bretheren were not present at the passing of the fore-mentioned Vote ( being either off the town at that time , or even these who were in it not so much as advertised that such a Vote was intended , which upon what account was neglected , is best known to the Assembler● ) but were altogether surprized with it . And since we have ( I know not by what sort of preposterous P●udence ) so unhappily le● slip the most proper & pertinent season of entering a Verball joynt Testimony against that Vote & Bond , and have not keep 't such a proportion betwixt our dissentings and their vo●ings & bondings , as should have been equivalent to a withstanding them to their face wherin they were to be blamed ; Therefore now we find our selves the more nece●sitat to give some publi●k signification of our Resentment of ●his step of Defection by ( at least ) a paper-Testimony , for rubbing off ( so far as is possible ) the Reproach that we have procured to be cast upon us , through our so long forbearance of , & flinching from so laudable & necessary a duty . 10 , And so much the rather That some h●ve taken the Confidence to publish severall Arguments whereby they essayed to prove this Bonding not only to be lawfull but a laudable duty , yea & expressly commanded by God in his Word , as may be seen in a Paper called Plea's for peaceable living ; There is also ane invective & sarcastick paper , or rather a scurrile and ●colding pamphlet ( pardon the picquantnes of the phrase since it is extorted & the thing deserves a ●harper stigma ) compound of Quae●ies containing some●hing to this purpose , but in effect is ●carse worth the naming or noticing , being a piece wherin the clamorous & carping Qu●●rier ( the Author ) hath bewrayed so much passion , pedantry & ( if we may tell the truth as it is ) manifest mendacity , by fastening groundless calumnies & nottour falsehoods upon his ad●erse Party , That I am persuaded his own Associates & greatest pleade●s for ●he Bond , will ( if they consult the advantage of their Cause ) be ashamed to own such a shameless & slanderous Satyre , which seeing it is for most part stuff'd with private & personall reflections , I leave to be cognosced by these who finde themselves most concern'd to answer it . II. Because there is such a hideous Clamour & ou●-cry against all these who ( by adhering to their sworn Presb. principles & the known p●●ctice of our worthy & zeallous Ancestours in times of such backsliding & Corruption ) doe testify their dissent from this Bond & the Late Vote for the same , as b●ing Separatists Authors & Fomentors of division , heady , self-willed , male-contents , implacable , blind zelotes , Ignorant Scruplers , and ●ven such as CANNOT GIVE A REASON for dissenting from their banded brether in this busines ; and that although these Voting Bretheren in plain termes declared they FOUND NO REASON why people might not give this Bond for Ministers , yet they may now see & know that their dissenting Bretheren found so much Reason against it as not only doth fully clear & satisfyingly convince their own Consciences of the sinfulnes therof , but may be sufficient also to render the same justly to be dis-liked , yea detested by every honest & true hearted Presbyterian & Covenanted Son of the Reformed Church of Scotland . 12. Severall o●her means were used & essayed for dis-suading and reclaiming the voting & Bonding Bretheren from ingageing or continuing in these divided & dividing practices , but have not proven effectuall . 13 , Because of the imminent danger we are now in of being overwhelmed again with Antichristian darknes , & redacted to that old Babylonish bondage & superstition ( out of which our zeallous & Renowned Reformers had wrestled thorow so many difficulties & discouragements , who not only pe●emptorly refused to bring their Ministry into such bondage as by this Bond is requisite of the Bonders , bu● also faithfully & plainly protested against the least appearance or signe of subjection that the Enemy required of them in the matters of their Ministry ) by the blood-thirsty Papists , who take no li●le incouragement by these divisive degenerate & un-presby●erian like practices ( which they ●ee so many formerly zeallous Presby●e●ians fallen upon ) to carry on their hell-hatch't & pernicious Plotts against all who will not worship the Beast & receive his mark . A●d though some of the Pleaders for , & Favorites of this new pretended ill-favour'd favour are plea●ed ●o turn this Consideration into a Motive & argument to unite with them in these by-wayes of theirs for strengthening us against that Common Enemy , and that our refusing to comply therwith is the very way to weaken both our Cause & Party ; yet how incontrovertibly true is the contrare ( both from what hath been already said , & will ( we fear ) be more sadly & shamefully discovered by the event ) if there be any truth in that , Prov. 10 : 29. The way of the Lord is strength to the upright or in that , Job . 17 : 9. he that hath clean hands ( how weak soever or witless ●e be accounted by the Wits of this world ) shall be stronger & stronger or in the Connexion betwixt these two 1 Thess. 5 : 21 , 21. to hold fast that which is good , & to Abstain from all appearance of evill . And though we should be esteemed in this to be weake yet are we strong ; Nay , when we are ( thus ) weak , then are we strong . 14 , That it seemes now evident , the Lord is at hand & cometh out of his place to plead the long dependent Controversy of Zion , to punish the Inhabitants of the Earth for their iniquity , to avenge the quarrell of his broken & burnt Covenant , to make inquisition for the blood of his Martyres , and to call all of us to give ane Account of our wayes , and particularly what hath been our carriage in reference to owning or disowning of him or his Interests , during all the time of this dismal & growing Defection , when our min●ings , excusings , shiftings , subtile or supple Evasions & partiall palliatings will be of litle value or significancy towaird off the stroakes of our highly offended & jeallous God. And Lastly , That at least we may hereby in some measure exoner & discharge our own Consciences before God & the World by thus testifying our dis-like & dissatisfaction with these & the like Courses● & more particularly , against this divisive Defection , driven on by these dolefull Indulgences & may obtain mercy in the Day of the Lords fierce & fast-approaching wrath . I shall shut all up only with a few Scriptures worthy to be pondered & improven in our practice this day , when upon the one hand there is so litle regard to the grieving & offending of the Litle Ones , and on the other , such readines ●o stumble & be offended when occasion is given . First then , for guarding against giving of Offence , let these few Scriptures be Considered : Matth. 18 : 7. Wo unto the world because of Offences ; yea , wo unto that man by whom the Offence cometh . 1 Cor. 10 : 32. Give none of●ence , n●ither to the Jews , nor to the Gentiles nor to the Church of God. Rom. 14.13 , 21. Let us not therefore judge one another any more , but judge this rather , That no man put a stumbling block or ane occasion to fall in his brother's way . It is good neither to eat flesh nor to drink wine nor ANY THING whereby thy brother stumbleth , or is offended , ●r is made weake 2 Cor. 6 : 3 4 Giving no offence ( let Ministers hearken to this , for it chiefly concernes them ) that the Ministry be not blamed , but in all things approving our selves ( read but the following verses of that Chapter , & ponder the particulars wherin Ministers ought to approve themselves ) as the Ministers of God &c. 1 Cor. 8●9 . But take heed least by any meanes this Liberty of yours ( even though abstractedly from scandall it were sinless , as this spoken of in the Text is , which the Liberty granted both in the former & latter Indulgence is not , as above ) become a stumbling block to these that are weak & vers . 12. But when ye sin against the bretheren & wound their weak Conscience , ye sin against Christ. And to this purpose I would recommend that Rule of Amesius de Consc. Lib. 5. Cap 11. Quaest. 6. Resp , 3. To prevent scandallizing of the Litle ones ( saith he ) all these things ought to be done or ●orborn which may be done or forborn without sin . Secondly , for guarding against stumbling or being offended , though occasion thereto be given , I shall only adde these following Ps. 119 : 165. Great peace have they which love thy Law , & nothing shall offend them . Hos 4 : 15. Though thou Israel play the Harlot , yet , let not Iudah offend , or transgresse . Matth. 11 : 6. And blessed is he whosoever shall not be offended in me : yea , it is given as the Character of him who received the seed into stony places ( Matth 13 : 21 ) i.e. of a fruitless & temporary professor , that when tribulation or persecution ariseth because of the word , by & by he is offended . Prov. 10 9. He that walketh upr●gh●ly walketh surely ; that is , he shall not stumble or be offended , or as it is chap. 28 : 18. he shall be saved . Prov. 13 : 6. Righteousnes keepeth him that is upright in the way . and Chap. 15 : 19. The way of the Righteous is made plain . Job . 17 : 9. The Righteous also shall ●old on his way , & he that hath clean hands shall be stronger & stronger . And in order h●reto Trust in the Lord with all t●●ne ●●a●● , & lean not to thine own Vnderstanding Prov. 3 : 5. and verse 6. In all thy wayes acknowledge him , & he shall ●irect thy paths . Keep sound wisdom and discretion Prov. 3 : 21.23 . then shalt thou walk in thy way safely , & thy foot shall not stumble . For yet a litle while ( Heb. 10 : 37 , 38. ) and he that shall come , will come , & will not tarry . Now the just shall live by Faith● but if any man shall draw-back , my soul shall have no pleasure him . Rev. 16.15 Echold I come as a thief , blessed is he that keepeth his garments , least he walk naked , & they s●e his shame . And Rev. 22 : 20. He which testifyeth these things , saith , surely I come quickly Amen . Ev●n so come Lord Iesus . Now ●nto him that is able to keep you from falling & present you faultlesse before the presence of his glory with exceeding joy , To the only wise God our Saviour , be glory & majesty , dominion & power , both now & for ever , Amen . Jud. vers 24 , 25. Diligite homines , interficite errores ; sine superbia de veritate praesumite , sine soevitia pro veritate c●rtate : Orate pro eis quos redarguitis & convincitis . Augustin . Lib. 1. Contra Epist. Petiliani . Nullus est pudor ad meliora transire . Ambros ad Valentinianum Imper. Epist. 31. Et satius est ( ut ait Lucianus ) recurrere quam male currere . Non est Levitas a cognito & damnato Errore discedere ; sed ingenue fatendum , aliud putavi , deceptus sum : haec vero superb●● stultitia perseverantiae est , quod semel dixi ( vel feci ) qualecunque est , fixum ratumque sit . Seneca Lib. 4. de Benef . cap. 38. Melius est pro pietate Dissidium quam Concordia fucata . Nazianzenus Orat. 1. de Concordia Si autem de Veritate sumitur scandalum , utilius est ut scandalum oriatur , quam veritas relinquatur . Bernard . ex Greg. Mag. hom . in Ezech. Praestantius est pro veritate pati supplicium , quam pro adulatione ferre beneficium● P. Voet. Jurisprud . sacra Ut Atagen a●iàs vocalis , captus obmutescit ; ita quibusdam servitus adimit voce● qui liber● loquebantur libere Erasm. Simil. Remedia quamvis statim mordeant vel offendant , postea tamen salutem conferunt ac voluptatem ; ita salubria monita mitio sunt nonnihil amara , postea Correct● jucundissima . Plutarchus . Errata . P : 1. l. 19. r. it . p. 6. l. 11. r. way o● p. 7. l. 13. r. ly specially . p. 14. l. 27. r. ●w to p. 15. l. 32. r. peaceably . p. 18 , l. 16. r. as true . p. 21. l. 3. r. far . p. 23. l , 2. r. to . p. 25. l. 24. r. solely . p. 26 , l. 29. r. Complying . p , 28. l. 7 & 8. their . r. there . l. 12 , r. therin . p. 29 , l. 1. r. greatest p. 31. l. 35. r. speeches● p. 33. l. 41. r. herba In some of the Copyes 48● l. 9. or ●uffering . r. of suffering